SEPTEMBER 15, 1986
I I I I
Cit.:>r c:>r Vi1~gi1~ia I3eEl.cl~
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, At Large
'vICE MAYOR MEYERA E. OBERNOORF, At Large
ALBERT W. BALKO, Lynnhaven &rough
JOHN A. BAUM, Blackwater &rough
ROBERT E. FENTRESS, Virgmia Beach &rough
~IAROLD HEISCHOBER, At Large
BARBARA M. HENLEY, Pungo &rough
REBA S. McCLANAN, Princess Anne &rough
fOHN D. MOSS, Kempsville &rough
NANCY K. PARKER, At Large
l' JHN L PERRY, Bayside &rough
RUTH HODGES SMITH, CMC, City Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4303
September 15, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM 1.
INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFINGS
1. MUNICIPAL GRANTS - End of Year Report
Hector Rivera, Assistant City Manager for Human Services
2. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs)
Robert J. Scott, Director of Planning
E. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL
- Council Chambers - 2:00 PM
A. INVOCATION: Reverend Joseph Green
Grace Episcopal Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. Approval of City Council Minutes:
a. Informal/Formal Session of September 8, 1986
b. Recessed Formal Session of September 8 on September 11, 1986
F. PUBLIC HEARING
1 . PLANNING
a. Application of Lakeside Construction Corporation for the
discontinuance, closure and abandonment of a portion of Painter's
Lane beginning 100 feet north of Sandbridge Road and running in a
northeasterly direction to the southern boundary or proposed
Ferrell Parkway, containing 3.672 acres (Princess Anne Borough).
Recommendation: APPROVAL of 60-Day Extension
b. RECONSIDERATION of the application of Claudine S. Camper for a
Conditional Use Permit for an automobile repair center on the
north side of Laskin Road, 152.54 feet west of First Colonial
Road, (1724 Laskin Road), containing 19,115 square feet
(Lynnhaven Borough).
Recommendation: DENIAL
DEFERRED
September
by City Council August 11 and 18, 1986 and
8, 1986, City Council action lost to Tie Vote.
on
c. RECONSIDERATION of Classification of Parcels Nos. 70, 178, 186,
and 187 owned by Johnnie R. and Page B. Hartley, Seaboard Road
Area, south of the GREEN LINE, as delineated August 26, 1986.
d. Application of Dennis P. Murtland for a Conditional Use Permit
for Jiffy Lube located on the south side of Indian River Road,
300 feet, east of Kempsville Road, containing 23,914 square feet
(Kempsville Borough).
Recommendation: DENIAL
DEFERRED by City Council July 14, 1986 and August 11, 1986.
e. Application of Surf and Sand, Inc. for a Change of Zoning from
H-l Hotel District to B-2 Community-Business District on property
located at 959 Laskin Road, containing 2.07 acres (Lynnhaven
Borough).
Recommendation: APPROVAL
f. Application of Oxford Development Enterprises, Inc. for a Change
or Zoning from 0-1 Office District to H-l Hotel District on
property located on the south side of S. Lynnhaven Road, 920 feet
west of Lynnhaven Parkway, containing 5 acres (Lynnhaven
Borough) .
Recommendation: APPROVAL
I I I I
g. Application of Vernice M. and Roland Griffin, Alfred and Gloria
Mosley, Regenald E. and Jewell Mosley and Ronda L. Harper for a
Change of Zoning from R-8 Residential District to B-2 Community-
Business District on property located on the south side of Bonney
Road, 910 feet west of Alicia Drive, containing 37,026 square
feet (Kempsville Borough).
Recommendation: DENIAL
h. Application of Buyrn Farm Associates for a Change of Zoning from
R-5 Residential District to R-8 Residential District on property
located on the north side of Holland Road, 300 feet east of Delft
Drive, containing 37.585 acres (Princess Anne Borough).
Recommendation: DENIAL
i. Ordinance to amend Comprehensive Zoning Ordinance:
1. Article 2, Section 212 pertaining to prohibited signs;
2. Article 2, Section 212.1 pertaining to illegal signs on
public property;
3. Article 2, Section 214 pertaining to signs (landscaping);
4. Article 5, Section 504 pertaining to sign regulations in the
R-l Residential District;
5. Article 6, Section 604 pertaining to sign regulations in the
A-I Apartment District;
6. Article 7, Section 705 pertaining to sign regulations in the
H-l Hotel District;
7. Article 8, Section 804 pertaining to sign regulations in the
0-1 Office District;
8. Article 9, Section 904 pertaining to sign regulations in the
B-1 Business-Residential District;
9. Article 9, Section 914 pertaining to sign regulations in the
B-2 Community-Business District;
10. Article 9, Section 924 pertaining to sign regulations in the
B-3 Central Business District;
11. Article 10, Section 1004 pertaining to sign regulations in
the I-I Light-Industrial District.
G. RESOLUTIONS
1. Resolution of intent to agree to approve the guarantee of the payment
of a portion of certain obligations of the Sports Authority of
Hampton Roads, subj ect to the satisfactory completion of certain
conditions.
2. INDUSTRIAL DEVELOPMENT REVENUE BONDS
Resolutions approving the issuance of Industrial Development Revenue
Bonds:
a. MARLIN MANOR MOTEL
$ 800,000
b. NEWCASTLE MOTEL, INC.
$ 750,000
c. VISTA CARE PARTNERSHIP
$3,000,000
d. SOUTHERN PROFESSIONAL CENTER II
$ 900,000
e. AIRPORT INDUSTRIAL PARK
$3,000,000 (Refunding)
H. ORDINANCES
1. Ordinance to authorize the City Manager to execute an Agreement with
the Virginia Beach Community Development Corporation.
2. Ordinance to AMEND and REORDAIN Section 38-3 of the Code of the City
of Virginia Beach, pertaining to discharge of firearms, air guns,
etc.
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution authorizing City Manager to execute a City-State Agreement
for Project 2-004 Lake Smith Spillway Bridge.
2. Resolution to proclaim September 17, 1987 as Constitution Day and
announce the intention of Council to appoint a committee to plan
activities in celebration of that day and other appropriate days
relating thereto.
3. Ordinance to AMEND and REORDAIN Chapter 2, Article II, of the Code of
the City of Virginia Beach, by adding Section 2-38.1 pertaining to
reconsideration of vote.
4. Ordinance to transfer appropriations and to establish new capital
projects for design of water lines for certain areas with Fifty-One
Percent property owner participation.
5. Ordinance to authorize a temporary encroachment into a portion of
City property utilized for drainage canal to west branch of Lynnhaven
River to Manny Arias and Nancy H. Arias.
6. Ordinance to authorize a temporary encroachment into a portion of the
Right-of-Way of Salem Road to Salem United Methodist Church.
7. RAFFLE PERMIT: Kiwanis Club of Lynnhaven
J. APPOINTMENT
1. SCHOOL SITE SELECTION COM}lITTEE
K. UNFINISHED BUSINESS
1. NEW BUSINESS
M. ADJOURNMENT
I, i I
- 9 -
Item II-E.1.a
MINUTES
ITEM # 26053
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council AMENDED the Minutes of September 15, 1986, to replace the words "high
rise" with "roof top" in Condition No. 6 and to include a reference to curb
cuts as Condition No. 8 on the application of OXFORD DEVELOPMENT ENTERPRISES,
INC. for a Change of Zoning District Classification from 0-1 to H-1.
Page 23, Item # 26019
ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT
ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-1 TO H1 Z09861121
6. No }::i:-glT--f":i:se roof top signs shall be
permitted.
8.
The location
property will
acceptable to
review.
of the curb cut to subject
be finalized in a location
the City Staff at Site Plan
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 15, 1986
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday,
Septmber 15, 1986, at 12:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
MATTERS BY THE MAYOR
COUNCILMAN JOHN BAUM'S FATHER
ITEM # 26005
Mayor Jones acknowleded receipt of a card of appreciation to City Council for
flowers received in sympathy upon the death of Councilman John Baum's father.
- 3 -
CON C ERN S 0 F C I T Y C 0 U N C I L
APPOINTMENTS FOR THE
ARTS CENTER
ITEM # 26006
Councilwoman Parker referenced APPOINTMENTS to the Committee for the ARTS
CENTER.
The City Clerk advised the City Council shall appoint four (4) persons plus the
Director of General Services to serve on both the Executive Committee and the
Board of Trustees of the Arts Center.
These APPOINTMENTS will be SCHEDULED for the City Council Meeting of September
22, 1986.
RESOLUTION FOR DIRECT
ELECTION OF THE SCHOOL BOARD
ITEM # 26007
Councilwoman Parker referenced her proposed Resolution for Direct Election of
the School Board.
Councilwoman Parker inquired as to whether there was interest in appointing a
Committee to investigate the Direct Election of the School Board.
JIFFY LUBE
ITEM # 26008
Councilman Balko referenced a letter dated Septmber 4, 1986, from the City
Manager and attached Memorandum from Walter E. Beaman, Highway Administrator.
Copies were distrubuted to City Council. A copy of same has been made a part
of the record.
On August 21, 1986, the Jiffy Lube Station on Great Neck Road was discovered to
be actually discharging oil into the drainage system. The State Water Control
Board was notified and required the manager of the station to have the basin
and outfall line cleaned.
~~n+~mn~~ 1~ 1QQh
- 4 -
INFORMAL SESSION
PRESENTATION
MUNICIPAL GRANTS - End of Year Report
September 15, 1986
Hector Rivera, Assistant City Manager for Human Services, presented Ci ty
Council with an End of the Year Report concerning MUNICIPAL GRANTS to COMMUNITY
AND REGIONAL AGENCIES. (Copies of same are hereby made a part of the record).
In order to better monitor and evaluate the expenditure of public funds for
assistance to agencies providing services of benefit to the citizens and the
community, the Council adopted an ordinance in June 1985 outlining application
and reporting procedures for agencies seeking such assistance.
Over the past year, dialogue between city staff and agency staff has led to
significant improvements in both the quality of submissions from agencies and
the timeliness of submissions.
Quarterly reports reflecting the enhancements will continue to be forwarded to
the Council for information and advice.
- 5 -
PRESENTATION
COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs)
September 15, 1986
The City Manager introduced Robert J. Scott, Director of Planning, who
reiterated information concerning the COMPREHENSIVE ZONING ORDINANCE AMENDMENTS
(Signs).
Pat Janezeck, Zoning Administrator, presented a Summary of the various items
concerning an Ordinances to amend the COMPREHENSIVE ZONING ORDINANCE:
Article 2, Section 212 pertaining to prohibited
signs;
Prohibi ts roof top signs and clarifys where a
sign can be placed on the building.
Article 2, Section 212.1 pertaining to illegal
signs on public property;
Authorize Zoning Adminstrator or agents to pick
up illegal signs placed in the City's right-of-
way.
Article 2, Section 214 pertaining to signs
(landscaping);
a. Change Catchline to read "Height, Setback and
Landscaping";
b. Add subsection (c) to require 75 square feet
of landscaping around a free standing sign;
c. Word change - from "ground sign" to "free-
standing" sign;
d. Change allowable height from 24 feet to 12
feet for a free-standing sign;
e. Change from "Zoning Board of Appeals" to
"Board of Zoning Appeals".
Article 5, Section 504 pertaining to sign
regulations in the R-1 Residential District;
a. i'Jord change - from "not to exceed" to "there
shall be permitted.
b. Reduce temporary sign to facilitate occupancy
from 300 square feet of surface area to 150
square feet.
Article 6, Section 604 pertaining to sign
regulations in the A-1 Apartment District;
a. Same change as in the R-1 District - reduce
temporary sign from 300 square feet to a 150
square feet.
- 6 -
PRESENTATION
COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs)
September 15, 1986
Article 7, Section 705 pertaining to sign
regulations in the H-1 Hotel District;
a. Reduce the free-standing sign from 125 square
feet of surface area to 75 square feet of surface
area.
Article 8, Section 804 pertaining to sign
regulations in the 0-1 Office District;
a. Limit the size of the sign that can be placed
in a building to 150 square feet of surface area.
This will apply in all of the following zoning
districts;
b. Reduce the land area requirement to 40,000
square feet of land
Article 9,
regulations
District;
Section
in the
904
B-1
pertaining to sign
Business-Residential
a. Reduce the number of allowed signs per
location from 4 to 3
b. To reduce the land area requirement to 40,000
square feet of land area from 60,000 square feet
in order to get a center identification sign for
a neighborhood commercial center;
c. To reduce the land area requirement to get a
temporary sign to facilitate occupancy from
60,000 square feet of land area to 40,000 square
feet.
Article 9, Section 914 pertaining to sign
regulations in the B-2 Community-Business District;
a. Reduce number of signs per location from 5 to
3. Reduce the free-standing sign from the allowed
125 square feet of surface area to 75 square feet
of area;
b. Reduce the land area requirement to 40,000
square feet of land area from 60,000 square feet
for a center identification sign;
c. In addition - the present three categories of
shopping centers will be reduced to two;
1) 40,000 square feet of land area and 5
establishments
2) 15 acres of land and a minimum of 10
establishments.
Article 9, Section 924 pertaining to sign
regulations in the B-3 Central Business District;
a. Same changes as in the B-2 Zoning Disttrict.
~An~ArnnA~ 1~_ 1qRh
- 7 -
PRESENTATION
COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs)
September 15, 1986
Article 10, Section 1004 pertaining to sign
regulations in the I-1 Light-Industrial District.
a. Reduce the number of allowed signs from 6 to 4
per location
b. Reduce the size of free-standing signs from
200 square feet of surface to 150 square feet.
c. Reduce the size of center identification sign
for industrial parks from 300 square feet of
surface area to 150 square feet and for maj or
industrial parks from 600 square feet of surface
area to 200 square feet.
- 8 -
PRESENTATION
ORDINANCE PETAINING TO DISCHARGE OF FIREARMS
September 15, 1986
Aubrey Watts, Deputy City Manager for Administration, reiterated information
relative an Oridnance to AMEND and REORDAIN Section 38-3 of the Code of the
City of Virginia Beach, pertaining to discharge of firearms, air guns, etc.
(See Item II-H.2 of the Formal Agenda).
Aubrey Watts referenced three changes to the present Ordinance:
All permits currently in existence shall expire on
September 30, 1986, and any permit issued after
that date shall expire on the next June Thirtieth.
No permit shall be issued to a landowner if it is
determined by the City Manager or his duly
authorized agent that the issuance of such permit
would be detrimental to the public safety.
Change in the line to reflect some
construction and development which has
since this line was originally established
mid to late 1970's.
of the
occured
in the
City Council expressed concerns relative the fifty (50) acres or more of
contiguous area concerning the size of the property and redefine section (d)
in relation to the large parcel. The safety factor can be as detrimental on a
large acreage as a small parcel if hunting is allowed in the peripheral area.
- 9 -
ITE.t\1 # 25974
Mayor Jones entertained a motion to permit City Council
EXECUTIVE SESSION pursuant to Section 2.1-344, Code
amended, for the following purposes:
to conduct its
of Virginia, as
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICITY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
insti tution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counselor briefings by staff
members, consul tants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 10 -
FOR MAL S E S S ION
VIRGINIA BEACH CITY COUNCIL
September 15, 1986
2:00 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chambers, City Hall Building, on Monday, September 15,
1986, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Reverend Joseph Green
Grace Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 11 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 25975
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item II-D. 1
CONSENT AGENDA
ITEM # 26009
Councilwoman Parker referenced the Resolution to proclaim September 17, 1987,
as Constitution Day and announce the intention of City Council to appoint a
committee to plan activities in celebration of that day and other appropriate
days relating thereto. (See Item 11-1.2 of the CONSENT AGENDA).
The City Clerk advised Councilwoman Parker that September 17, 1987, was a
Thursday.
Item II-D.2
CONSENT AGENDA
ITEM # 26010
Councilman Baum referenced an Ordinance to AMEND and REORDIAN Chapter 2,
Article II, of the Code of the City of Virginia Beach, by adding Section 2-
38.1, pertaining to reconsideration of vote. (See item II-I.3 of the CONSENT
AGENDA) .
This item will be pulled for a separate consideration.
Qon+omho~ 1~ 10Q~
- 12 -
Item II-E.1.a
MINUTES
ITEM # 26011
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED the Minutes of September 8, 1986, AS CORRECTED.
Councilwoman Parker CORRECTED Item # 25986, Pages 21 and 22.
ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER
FOR A CONDITIONALAL USE PERMIT FOR AN AUTOMOBILE
REPAIR CENTER.
The vote INCORRECTLY stated:
Council Members Absent:
None
The vote should CORRECTLY read:
Council Members Absent:
John A. Baum
Voting: 11-0
Council Members Voting Aye:
Albert W., Balko, John A. Baum, Robert E. Fentress,
Harold Helschober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Qn~+~~~~~ 1h 1noL
- 13 -
Item II-E.1.b.
MINUTES
ITEM # 26012
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED the Minutes of the RECESSED SESSION of September 11, 1986,
subject to pending amendments to be ratified in the Ordinances on September 22,
1986.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum, Harold Heischober and John D. Moss
Council Members Absent:
None
- 14 -
Item II-F.
PUBLIC HEARING
ITEM # 26013
Mayor Jones DECLARED A PUBLIC HEARING:
PLANNING ITEMS
a. LAKESIDE CONSTRUCTION CORPORATION
b. CLAUDINE S. CAMPER
c. SEABOARD ROAD AREA (Johnnie R. &
Page B. Hartley
d. DENNIS P. MURTLAND
e. SURF AND SAND, INC.
f. OXFORD DEVELOPMENT ENTERPRISES, INC.
g. VERNICE M. AND ROLAND GRIFFIN, ALFRED
AND GLORIA MOSLEY, REGENALD E. AND JEWELL
MOSELEY AND RONDA L. HARPER
h. BUYRN FARM ASSOCIATES
i. ORDINANCES (signs)
STREET CLOSURE
CONDITIONAL USE PERMIT
RECONSIDERATION of
RECLASSIFICATION
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CHANGE OF ZONING
CHANGE OF ZONING
CHANGE OF ZONING
AMENDMENTS TO COMPREHENSIVE
ZONING ORDINANCE
- 15 -
Item II-F. 1
PUBLIC HEARING
PLANNING
ITEM # 26014
Eric Anderson, Vice President of Lakeside Construction Corporation
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council APPROVED AN EXTENSION FOR COMPLIANCE of Sixty (60) days until the City
Council Meeting of November 17, 1986, of an Ordinance closing, vacating and
discontinuing a portion of PAINTER'S LANE in the petition of LAKESIDE
CONSTRUCTION CORPORATION as per the following:
Application of Lakeside Construction Corporation
for the discontinuance, closure and abandonment of
a Portion of Painter I s Lane beginning at a point
100 feet more or less north of Sandbridge Road and
running in a northeasterly direction to the
southern boundary of proposed Ferrell Parkway.
said parcel cntains 3.672 acres. PRINCESS ANNE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item II-F. 1 . b
PUBLIC HEARING
PLANNING
ITEM # 26015
Attorney Grover Wright represented the applicant
Irvin Willis, Manager of the proposed facility
Douglas T. Jenkins, represented United Virginia Bank, and spoke in OPPOSITION.
Attorney Charles M. Lollar represented adjacent property owners and merchants
and spoke in OPPOSITION.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of CLAUDINE S. CAMPER for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR CENTER R0986974
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Claudine S. Camper for
a Conditional Use Permit for an automobile repair
center on the north side of Laskin Road, 152.45 feet
west of First Colonial Road. Said parcel is located
at 1724 Laskin Road and containes 19,115 square feet.
Plats with more detailed information are available in
the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Installation of Category II screening along the
northern boundary of this site where the site abuts
the residential land use.
:2. All repair work and storage of vehicles will be
conducted within the structure.
3. Roof and structural repair of the present building
shall meet the Zoning Code of the City of Virginia
Beach.
4. The Conditional Use Permit shall be for a period of
one (1) year. After said period of one (1) year,
this Conditional Use Permit shall NOT be
ADMINISTRATIVELY APPROVED, but returned to City
Council for their consideration.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ffiteenth day of September, Nineteen Hundred and Eighty-six.
- 17 -
Item II-F. 1 . b
PUBLIC HEARING
PLANNING ITEM # 26015 (Continued)
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss and John L. Perry
Council Members Voting Nay:
Reba S. McClanan, Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
None
- 18 -
Item II-F. 1 . c
PUBLIC HEARING
PLANNING
ITEM # 26016
Attorney Robert Cromwell represented Johnnie R. and Page B. Hartley
The following also spoke in support of NOT DOWNZONING parcels of Johnnie R. and
Page B. Hartley:
Robert T. Jones, resident of Seaboard Road
Joe E. Burroughs, resident of Seaboard Road
A motion was made by Councilman Heischober, seconded by Councilman Baum, upon
an Ordinance and application of the City of Virginia Beach , Virginia for
Changes of Zoning NOT TO DOWNZONE Parcels in the Seaboard Road Area.
Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of the City of Virginia Beach to
RECLASSIFY to AG-1 and AG-2 parcels in the Seaboard Road Area:*
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
from R-8 to AG-1 and AG-2 Z09861119
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach, Virginia, for Changes of Zoning District
Classification as follows: For each parcel of land
listed, * from R-8 Residential District to AG-1
Agricultural District or AG-2 Agricultural District
in accordance with maps on file in the Planning
Department.
*Seaboard Road Area
Parcel 70 - Johnnie R. & Page B. Hartley
Parcel 178 - Johnnie R. & Page B. Hartley
Parcel 186 - Johnnie R. & Page B. Hartley
Parcel 187 - Johnnie R. & Page B. Hartley
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of September, Nineteen Hundred and Eighty-six.
Councilman Moss wished the record to reflect that upon consultation with the
City Attorney and the Planning Director at the August 28, 1986, City Council
Meeting upon which Parcels 70, 178, 186 and 187 in the Seaboard Road Area
were agreed to be RECONSIDERED, it was advised the City Council was not
under legal obligation to refer same back to the Planning Commission and the
Administrative Procedures which had been established were not applicable in
this instance.
- 19 -
Item II-F. 1 . c.
PUBLIC HEARING
PLANNING IT]}f # 26016 (Continued)
Voting: 6-5
Council Members Voting Aye:
Barbara M. Henley, Mayor Robert G. Jones, John D.
Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober and Reba S. McClanan
Council Members Absent:
None
('I___..L___l____ -'9,....,..../
- 20 -
Item II-F.1.d.
PUBLIC HEARING
PLANNING
ITEM # 26017
Attorney Michael A. Inman represented the applicant and advised same would be
operating a "Grease Monkey" Franchise, presented the final development plan
illustrating a prototype building and letters from Richard L. Montgomery,
President of the Lake Christopher Homeowner's Association and an adjacent
property owner Larry Turner in support of said application. (Said letters
are hereby made a part of the record).
Dennis Murtland, an Engineer and the applicant discussed the Waste Oil system
to be installed
Councilman Balko referenced a Memorandum from Walter E. Beaman, Highway
Administrator, concerning a Jiffy Lube Station on Great Neck Road acutally
discharging oil into the drainage system. (Said memorandum is hereby made a
part of the record.)
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of DENNIS P. MURTLAND for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DENNIS P. MURTLAND
FOR A CONDITIONAL USE PERMIT FOR A JIFFY LUBE
(GREASE MONKEY) R0986975
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIGINIA
Ordinance upon application of Dennis P. Murtland
for a Conditional Use Permit for a Jiffy Lube
(Grease Monkey) located on the south side of Indian
River Road, 30 feet more or less east of Kempsville
Road. Said parcel contains 23,914 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILE BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way on Indian River Road in
accordance with plans on file in the Office of the
City Engineer.
2. External storage of vehicles shall not exceed six
(6) vehicles nor more than twenty-four (24) hours.
3. Category I Screening of this site, subject to Site
Plan Review.
4. Installation of a Waste Oil Separator and
Displacement Tank as described by the applicant in
his proffer September 15, 1986.
Councilman Moss requested and the applicant concurred:
(No neighborhood "Tavern" type facilities will be
installed in the back lot of said property as only
front portion would be applicable to this permit)
Q~~+~~h~~ 1C 1noL
- 21 -
Item II-F.1.d.
PUBLIC HEARING
ITEM # 26017
PLANNING
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of September, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item II-F. 1 . e.
PUBLIC HEARING
PLANNING
ITEM # 26018
Attorney R. J. Nutter represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance upon application of SURF AND SAND, INC. for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF SURF AND SAND, INC.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
209861120
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Surf and Sand, Inc. for
a Change of Zoning District Classification from H-1
Hotel District to B-2 Community-Business District on
the south side of Laskin Road and contains 2.07
acres. Pla ts with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Category I landscape screening is required along
the southern and western property lines adjacent to
the multi-family residential units.
2. Prior to the changing of the official zoning map,
there shall be discontinuance of the hotel use.
3. Vacate lot lines separating the subject parcels.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of September, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item II-F .1.e.
PUBLIC HEARING
PLANNING
ITEM # 26019
Senator Joseph Canada represented the applicant, Mariott Hotels
Michael Assad, represented the Marriott Hotels and displayed a photograph of
the hotel
Lee Williams, President of the Doyleway Civic League, expressed concern
relative traffic. The traffic light is in the middle of Doyleway and
Gimberton. There is no definite egress or ingress to the Doyletown or
Lynnhaven Forest area.
Jo Ryan, President of the Princess Anne Plaza Civic League, reiterated Mr.
Williams concerns
Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council
ADOPTED an Ordinance upon application of OXFORD DEVELOPMENT ENTERPRISES, INC.
for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT
ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-1 TO H-1 Z09861121
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oxford Development
Enterprises, Inc. for a Change of Zoning District
Classification from 0-1 Office District to H-1
Hotel District on certain property located on the
south side of South Lynnhaven Road, 920 feet more
or less west of Lynnhaven Parkway. Said parcel
contains 5 acres more or less. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The total number of lodging units shall be limited
to 200.
2. No building shall exceed 47 feet in height and no
building shall contain more than three (3) floors,
or that height limit set in the Zoning Ordinance,
whichever is more limiting.
3. A four (4) foot high earth berm with 3:1 slope and
Category II screening shall be provided along the
proeprty line fronting on South Lynnhaven Road.
4. Category I screening shall be provided along the
western boundary of the hotel site, adjacent to the
apartment development currently under construction.
5. No curb cut will be permitted off South Lynnhaven
Road. Access shall be limited to the existing curb
cut off South Lynnhaven Road serving the adjacent
office development.
6. No high rise signs shall be permitted.
7. Voluntary deed restrictions shall be recorded in
the Office of the Circuit Court. (Said restrictions
are hereby made a part of the proceedings.)
- 24 -
Item II-F.1.f
PUBLIC HEARING
PLANNING
ITEM # 26019 (Continued)
(The staff advised consideration for moving the curb cut to align with the
adjacent neighborhood.)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of September, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
... r"'\n/
, , I
24a
LYNNHAVEN-ONE OXFORD LIMITED PARTNERSHIP
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of August, 1986, between
LYNNHAVEN-ONE OXFORD LIMITED PARTNERSHIP, a Maryland limited
partnership (hereinafter referred to as the "Grantor") of the one
part, and CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, (hereinafter referred to as the
"Grantee") of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition
of the Grantor addressed to the Grantee, so as to change the
classification of the Grantor's property from 0-1, Office
District to H-l, Hotel District, on certain property containing a
total of 4.57 acres in Lynnhaven Borough, in the City of Virginia
Beach, Virginia, described as follows:
Beginning at a point on the south right-of-way
line of South Lynnhaven Road, said point being
the dividing line between the Parcel A-3 and
Parcel B as shown on that certain plat
entitled "Reflections - The Corporate Park At
Lynnhaven Being A Subdivision of Parcel A,
Subdivision of Reader Property for Inlynnview
Co." dated March, 1986, prepared by John E.
Sirine and Associates, Ltd. and recorded in
the Office of the Clerk of the Circuit Court
of the City of Virginia Beach, Virginia, in
Deed Book 2529, at Page 1014; thence, along
the south right-of-way line of South Lynnhaven
Road N66033'32" E a distance of 99.73' to a
pointf thence continuing along the aforesaid
south right-of-way with a radius of 1387.40'
an arc distance of 186.65' to a pointf thence,
continuing along the aforesaid south right-of-
way line in an easterly direction along a
curve to the right with a radius of 346.50' an
arc distance of 21.98' to a pointf thence,
continuing along the aforesaid south right-of-
way line in an easterly direction along a
curve to the left with a radius of 681.25' an
arc distance of 73.94' to a point; thence,
continuing along the aforesaid south right-of-
way in an easterly direction along a curve to
the right with a radius of 1378.40' an arc
distance of 146.54' to a point; thence, in a
southerly direction along a curve to the left
with a radius of 220.00' an arc distance of
145.25' to a point; thence S46037'04" E a
distance of 90.47 to a point; thence,
S46028'39" W a distance of 574.43' to a point;
thence, N26031'2l" W a distance of 498.00' to
the point of beginning.
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
hotel purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to permit
differing uses on and in the area of the subject property and at
the same time to recognize the effects of changes, and the need
for various types of uses, including hotel uses, certain
reasonable conditions governing the use of the property for the
protection of the community that are not generally applicable to
land similarly zone B-1 are needed to cope with the situation
which the grantor's rezoning application gives rise to; and
-2-
'I,ll I
WHEREAS, the Grantor has voluntarily proffered in writing,
in advance of and prior to the public hearing before the Grantee,
as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the H-l zoning district
by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development and
operation of the property to be adopted as a part of said
amendment to the new Zoning Map relative to the property
described above, which have a reasonable relation to the use of
the property as rezoned H-l and the need for which is generated
by the rezoning; and
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the Zoning Ordinance, such conditions shall continue
in full force and effect until a subsequent amendment changes the
zoning on the property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning
ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the
subject property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by the
-3-
I I I
Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section 15.1-
431, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent;
NOW, THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion or quid E!2 quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that
this declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon all
parties and persons claiming under or through the Grantor, his
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
1. There shall be built upon the property no more than two
hundred lodging units.
2. No building shall be constructed upon the property in
excess of the applicable zoning height requirements or forty
seven feet in height whichever is less; and no building shall
contain more than three floors of lodging units.
-4-
I, I I
3. A landscaped, earth berm four feet in height with a
three to one slope shall shall be provided along the property
adjacent to South Lynnhaven Road. The berm shall be landscaped
with Category 2 screening. Category 1 screening shall be
provided along the western boundary line of the property adjacent
to the apartment development.
4. The property shall not have a curb cut on South
Lynnhaven Road.
All references hereinabove to the B-1 district and to the
requirements and regulations applicable thereto refer to the
Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of September 15, 1986, which is by this
reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including (i) the ordering in
writing of the remedying of any noncompliance with such condi-
tions, and (ii) the bringing of legal action or suit to insure
compliance with such conditions, including mandatory or prohibi-
tory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
-5-
I i I
aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions, the Grantor shall petition to the
governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning Map may show by an
appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property on the map and
that the ordinance and the conditions may be made readily
available and accessible for public inspection in the Office of
the Zoning Administrator and in the Planning Department and that
they may be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name
of the Grantor and Grantee.
WITNESS the following signatures.
LYNNBAVEN-oNE OXFORD LIMITED
PARTNERSHIP
'" .,.,. . .. ~ .
.::.'._~' " r.:~_' ,/, .1 (; I':Oh!TEN1::;
--.-
_~___ ~;:~.;77~~.~~
/_ <_ _ .::t ~=--
....~,' .:-.. ,.,:..0
.,. - ~ '..~.
t3~
By:
Cecil V. Cutchins
Vice President, Oxford Equities Corporation
General Partner
~..)' .~. ..... Ii
, '~-. ...-.... .> 'l,~, t'''"'.''''HJ'
~__.. j'-~~' ..... ~_. ..~.I\fn
-, -- .-
..'r.~~ ~~~'~'..:E~-:v - 9 ~ a-:f 6
h.~ ;:-, 'l.,.t,,~"_i,
MARRIOTT CORPORATION
(Contract Purchaser)
By:
~
-6-
'I,ll I
o .
STATE OF MARYLAND )
)ss
COUNTY OF MONTGOMERY) &
O~..-~is/Yhe /~/)rI / day of...-c/:;'4>u,,;{~' , 19si, 1;>efore
me ,_ r7' ~1. _.-/ :/--. ' -./ L..c ' the U,nJ~~slgn~d
officer, personally appeared (t'. /3;:~.c/~7-///Y5-2(:...-n. ~7- , who
acknowledged himself to be the Vice ~ esidentv0f Ma(~lott
Corporation, a Delaware corporation, and that as such Vice
President, being authorized so to do, executed the foregoing
instrument for the purposes therein contained, by signing the
name of the corporation by himself as Vice President.
In witness whereof I hereunto set my hand and official seal.
~;.// /./. 'i;"
.--::;>.- -~"1C7 c:.r. /";7 L'--7..r-h'~ .<-::~
Notary Publi-6
My Commission Expires:
. // .It
~:p'''' -j /f'f~
o /
11,1, I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Barbara Sigler , the undersigned, a Notary
Public in and for the State of Virginia at Large, do hereby
certify that Cecil V. Cutchins, whose name is signed to the
foregoing instrument bearing date on the 28th day of August,
1986, as Vice President of and on behalf of Oxford Equities
Corporation, a general partner of the Grantor, has acknowledged
the same before me in my city and state aforesaid.
GIVEN under my hand and seal this
1986.
28th day of August
,
My Commission expires: June 9, 1989
082ll8/pd/COM
-7-
- 25 -
Item II-F.1.g.
PUBLIC HEARING
PLANNING
ITEM # 26020
Attorney Robert R. Latta represented the applicant and presented
the house and adjacent properties. (Said photographs are hereby
the record).
Robert E. W. Sparrow, resident of Alicia Drive, spoke in
application
Harris Jennings,
application
Alfred Moseley, one of the applicants, represented himself
photographs of
made a part of
favor
of the
Realtor with Goodman-Segar-Hogan,
spoke
in favor
of the
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
an Ordinance upon application of VERNICE M. AND ROLAND GRIFFIN, ALFRED AND
GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L. HARPER for a Change of
Zoning from R-8 Residential District to B-2 Community-Business District on
property located on the south side of Bonney Road, 910 feet west of Alicia
Drive, containing 27,026 square feet (Kempsville Borough).
A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman
Fentress to ADOPT an Ordinance upon application of VERNICE M. AND ROLAND
GRIFFIN, ALFRED AND GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L.
HARPER for a Change of Zoning from R-8 Residential District to B-2 Community-
Business District on property located on the south side of Bonney Road, 910
feet west of Alicia Drive, containing 27,026 square feet (Kempsville Borough).
Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones, Reba S. McClanan,
Council Members Voting Nay:
Alb'ert E. Balko, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Absent:
None
- 26 -
Item II-F.1.g.
PUBLIC HEARING
PLANNING
ITEM # 26020 (Continued)
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
DENIED an Ordinance upon application of VERNICE M. AND ROLAND GRIFFIN, ALFRED
AND GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L. HARPER for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF VERNICE M. AND ROLAND
GRIFFIN, ALFRED AND GLORIA MOSLEY, REGENALD E. AND
JEWELL MOSLEY AND RONDA L. HARPER FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2
Ordinance upon application of Vernice M. and Roland
Griffin, Alfred and Gloria Mosley, Regenald E. and
Jewell Mosley and Ronda L. Harper for a Change of
Zoning District Classification from R-8 Residential
District to B-2 Community-Business District on
certain property located on the south side of
Bonney Road, beginning at a point 910 feet more or
less west of Alicia Drive. Said parcel contains
37,026 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones, Reba S. McClanan,
Council Members Absent:
None
- 27 -
Item II-F .1.h.
PUBLIC HEARING
PLANNING
ITEM # 26021
Attorney Robert Cromwell represented the applicant and requested WITHDRAi1AL
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council ALLOWED WITHDRAWAL of an Ordinance upon application of BUYRN FARM
ASSOCIATES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF BUYRN FARM ASSO~IATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO R-8
Ordinance upon application of Buyrn Farm
Associates for a Change of Zoning District
Classification from R-5 Residential District to
R-8 Residential District on certain property
loca ted on the north side of Holland Road, JOO
feet more or less east of Delft Drive. Said
parcel contains 37.585 acres. Pla ts with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress
September 15, 1986
- 28 -
Item II-F. 1 . i
PUBLIC HEARING
PLANNING
ITEM # 26022
The following spoke in favor of said Amendments to the Comprehensive Zoning
Ordinance:
Rae H. LaSesne, President of the Council of Civic Organizations
B. H. Bridges, represented the Virginia Beach Beautification Commission and
presented a letter from E. T. Buchanan, Chairman of the VIRGINIA BEACH
TOMORROW STEERING COMMITTEE, in favor of the new sign ordinances.
Elizabeth Ann Brown, Council of Garden Clubs of Virginia Beach
James Capps, requested DEFERRAL on behalf of the VIRGINIA BEACH HOTEL-MOTEL
ASSOCIATION
The following spoke in OPPOSITION to the Sign Ordinance:
Gerald Hanssen, represented the Talley Anchor Sign Company
Pat Shetler, Admiral Signworks Corporation
Erwin Hutchins, American Sign Company
Paige Wood, Boddie Noell Enterprises, Inc.
Norman Ward, Professional Printer
Stan Stallings, Principal with Cardinal Sign Corporation
Councilman Fentress advised Robert Vakos had called and requested DEFERRAL.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of September 29, 1986:
Ordinance to amend Comprehensive Zoning Ordinance:
Article 2, Section 212 pertaining to prohibited
signs;
Article 2, Section 212.1 pertaining to illegal
signs on public property;
Article 2, Section 214 pertaining to signs
(landscaping);
Article 5, Section 504 pertaining to sign
regulations in the R-1 Residential District;
Article 6, Section 604 pertaining to sign
regulations in the A-1 Apartment District;
Article 7, Section 705 pertaining to sign
regulations in the H-1 Hotel District;
Article 8, Section 804 pertaining to sign
regulations in the 0-1 Office District;
Article 9,
regulations
District;
Section
in the
904
B-1
pertaining to sign
Business-Residential
Article 9, Section 914 pertaining to sign
regulations in the B-2 Community-Business District;
Article 9, Section 924 pertaining to sign
regulations in the B-3 Central Business District;
Article 10, Section 1004 pertaining to sign
regulations in the 1-1 Light-Industrial District.
..... _......./
- 29 -
Item II-F.1.i
PUBLIC HEARING
PLANNING
ITEM # 26022 Continued)
A meeting was SCHEDULED for September 18, 1986, at 10:00 A.M. in either the
Conference Room or the Council Chambers with Councilwoman McClanan; Thomas
Muehlenbeck, the City Manger; Pat Janezeck, Zoning Administrator; Robert
Loher, Director of Permits and Inspections, a representa ti ve of the City
Attorney's Office and the various representatives of the Sign Companies who
spoke concerning said Ordinances. All Council Members may also attend.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker* and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
II I I
- 30 -
Item II-G. 1 .
"
RESOLUTIONS
SPORTS AUTHORITY OF HAMPTON
ROADS, VIRGINIA
ITEM # 26023
The following citizens spoke in favor of the NASCAR RACE TRACK:
Mark K. Anderson, Sales Supervisor of Hoffman Beverage-Anheuser Busch
Wholesaler
James L. Coleman, Jr., resident of Ridgeley Road in Norfolk
Bill Koeppen, resident of the Kempsville Borough.
Gordon Reams, Newport News businessman and representative of the Sports Club
of America
Charles D. Meachum, representative of the Sports Authority of Hampton Roads
Mack Queen, resident of the Bayside Borough
Dennis Gantley, resident of Norfolk
Stanley Creekmore, Owner of local firm in Virginia Beach, resident of the
Brandon Wood section of Virginia Beach.
Information compiled by Patricia A. Phillips, Director of Research, is hereby
made a part of the proceedings.
Councilman Heischober, City Council's representative of the SPORTS AUTHORITY OF
HAMPTON ROADS, advised the Authority was able to procure legislation exempting
this NASCAR Sports Complex from the new law. The interest income to the buyers
of said bonds will be tax exempt. $20-MILLION of Industrial Revenue Bonds
issued by said SPORTS AUTHORITY will be allocated and remain allocated until
this issue is resolved. NASCAR Racing is the second most attended event in
Sports, the first being NFL (National Football League).
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Perry, City Council
ADOPTED as AMENDED*
Resolution of intent to agree to approve the
guarantee of the payment of a portion of certain
obligations of the Sports Authority of Hampton
Roads, subject to the satisfactory completion of
certain conditions.
*Vice Mayor Oberndorf requested for the record these thirteen (13) stipulations
contained in said Resolution be read by the City Clerk. Vice Mayor Oberndorf
also reiterated the "credit clause" in Virginia Law and requested ageeements
be structured so same is for a public rather than a private gain. Vice Mayor
Oberndorf also requested Patricia Phillips, Director of Research, to
investigate the contract to be assured outside firms will be employed to
monitor the books of the Sawyers.
Provision No. 14 has been added to said Resolution:
"The Agreements between the Authority and the
lessee are structured so that the animating purpose
of the guaranty is for a public rather than a
pri va te benefit and, therefore, not in conflict
wiht the "credit clause" of Article X, Section 10
of the Virginia Constitution."
- 31 -
Item II-G. 1 .
RESOLUTIONS
SPORTS AUTHORITY OF HAMPTON
ROADS, VIRGINIA
ITEM # 26023 (Continued)
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
None
31a
RESOLUTION OF INTENT TO AGREE TO
APPROVE THE GUARANTEE OF THE
PAYMENT OF A PORTION OF CERTAIN
OBLIGATIONS OF THE SPORTS AUTHORITY
OF HAMPTON ROADS, VIRGINIA, SUBJECT TO
THE SATISFACTORY COMPLETION OF
CERT AIN CONDITIONS
WHEREAS, by concurring resolutions adopted by the Councils of the
Cities of Hampton, Newport News, Portsmouth, Norfolk, Virginia Beach,
Chesapeake and Suffolk, Virginia, and the Board of Supervisors of Isle of Wight
County, Virginia (collectively, the Participating Political Subdivisions), The Sports
Authority of Hampton Roads, Virginia (the Authority) was created pursuant to the
Public Recreation Facilities Authorities Act, Chapter 29, Title 15.1 of the Code of
Virginia of 1950, as amended (Section 15.1-1271, et seq.); and
WHEREAS, the Authority has proposed to acquire, construct and equip a
public recreational and sports facility containing a 1-3/4 mile super speedway with
grandstands, campground and all restaurant, parking, transportation and utility
(including sewage treatment) facilities and concessions in connection therewith
(collectively, the Project) to be located in Isle of Wight County, Virginia and
leased to PWB Promotions, Inc., (the Lessee); and
WHEREAS, the Authority intends to finance the Project by issuing up
to $20,000,000 of its Industrial Development Bonds, $15,000,000 of which bonds
(the Guaranteed Bonds) are to be guaranteed by the Participating Political
Subdivisions as follows:
City of Hampton
City of Newport News
City of Portsmouth
City of Norfolk
City of Virginia Beach
City of Chesapeake
City of Suffolk
County of Isle of Wight
$1,720,690
$1,919,457
$1,631,308
$2,705,772
$2,933,917
$1,751,943
$1,253,151
$1,083,762
WHEREAS, by Chapter 426 of the Acts of the 1986 Virginia General
Assembly, the Participating Political Subdivisions may contract to guarantee the
payment of all or any part of the Guaranteed Bonds and such contract obligation
shall be an excluded indebtedness within the meaning and for the purposes of
Article VII, Section 10(a)(4) of the Constitution of Virginia and shall not be
considered a debt for the purpose of any present or future charter limitation on
the amount of debt or bonds of, or the method of incurring debt or issuing bonds
by, such Participating Political Subdivisions; and
WHEREAS, the Authority has not finalized the following documents
necessary for the bond issues:
1. Lease Agreement between the Authority and PWB Promotions, Inc.
2. Long Term NASCAR arrangement.
3. Guarantee Agreements between the Participating Political Subdivisions and
the Trustees
4. Indenture of Mortgage and Deed of Trust.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, that the City of Virginia Beach hereby expresses
the intent to agree to guarantee up to $5,477,955 of the principal and interest of
$15 million in subordinate revenue bonds of the Sports Authority of Hampton
Roads, Virginia, subject to the completion of the following to its satisfaction:
1. The legal form of the Guaranty shall have been approved by the City
Attorney.
2. The Council shall have reviewed and approved the written lease agreement
(the Lease) between the Authori ty and the Lessee.
3. The other Participating Political Subdivisions shall have agreed to guarantee
their respective portions of the Guaranteed Bonds allocated to them as set
forth in the above recitals.
4. NASCAR provides written assurances that the Lessee has been granted the
right to run at least two (2) NASCAR-sanctioned races per year for each
year the Guaranteed Bonds are outstanding and that, in the event of a
default by the Lessee under the Lease or in the event the agreement
between Lessee and NASCAR is cancelled or otherwise terminated, NASCAR,
or another operator chosen by NASCAR, will run or be granted the right to
run, as the case may be, the two (2) NASCAR-sanctioned races each year for
the remaining period the Guaranteed Bonds are outstanding. NASCAR shall
provide, within 30 days of the date of this Resolution, a letter of its intent
to provide such aforementioned written assurances.
5. Review and written opinion by bond counsel that such debt would not be
includible in the City's legal debt margin.
6. Independent verification of projections of revenues and expenses indicating
that it is reasonable to expect that the debt service coverage for the bond
issue is attainable.
7. Agreement among the Participating Political Subdivisions regarding disposition
of all revenues to the Authority from the lease after payment of annual debt
service.
8. A properly and adequately documented construction budget with written
assurances that the project will be completed within that budget and holding
the City harmless for cost overruns.
ii I
9. Following completion of construction, the Sports Authority will issue no
additional Senior Debt and will issue no long term debt with an equal or
parity position to the Guaranteed Bonds without the approval of the
Participating Political Subdivisions.
10. The Council shall have reviewed and approved an Indenture of Mortgage and
Deed of Trust.
11. Appropriate legal OpinIOnS for all matters deemed necessary by the Council
of the City of Virginia Beach.
12. Virginia Beach expends no funds unless Sports Authority defaults on bonds.
13. Any other matter deemed necessary by the Council of the City of Virginia
Beach.
14. The Agreements between the Authority and the lessee are structured so that
the animating purpose of the guaranty is for a public rather than a private
benefit and, therefore, not in conflict with the "credit clause" of Article X,
Section 10 of the Virginia Constitution.
Adopted by the Council of the City of Virginia Beach, Virginia on the
15th day of September, 1986.
,II I
City 01 Virgirl.ia Beach
OFFICE OF THE CITY MANAGER
(804) 427-4242
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
September 15, 1986
The Honorable Mayor
Members of Councll
Dear Councll Members:
Attached for your consideration Is a Resolution which expresses Council's
Intent to guarantee a portion of a proposed $15 mllllon subordinate debt issue
of the Sports Authority of Hampton Roads, Virginia.
As shown in the report prepared by the Off Ice of Research and Strategic
Analysis "Analysis of Proposal by the Sports Authority of Hampton Roads,
Virginia," all projections provided regarding the proposed speedway indicate
that the project Is economically viable; however, since the direct economic
benefits to Virginia Beach are not clear, and because certain documents and
analyses have not been completed, the guarantee should be approached from
that of a business transaction in order to protect the City as a potent ia I
lender.
Therefore, the Resolution contains thirteen items as conditions that
should be met to Councll's satisfaction before the later adoption of an
ordinance that would actually guarantee the bonds:
1. The final form of the Guaranty shall have been approved by the City
At torney.
2. The Councll shall have received and approved the written lease agreement
between the Authority and the Lessee. (Approval should be predicated
on, among other things, maximum protection to the jurisdictions; for
example, management fees being subordinate to debt service (basic rent)
and life Insurance for Mr. Sawyer with the Authority named as
bene f Ic lary. )
3. The other jurisdictions shall have, by adoption of a resolution or
ordinance, agreed to guarantee their respective portions of the
Guaranteed Bonds allocated to them.
4. NASCAR provides written assurances that the Lessee has been granted
the right to run at least two (2) NASO\R-sanctloned races per year for
each year the Guaranteed Bonds are outstanding and that, in the event of
a default by the Lessee under the Lease or in the event the agreement
between Lessee and NASCAR Is cancelled olr otherwise terminated,
NASCAR, or another operator chosen by NASCAR, will run or be granted
,I I
The Honorable Mayor
Members of Council
September 15, 1986
Page 2
the right to run, as the case may be, the two (2) NASCAR-sanctioned
races each year for the remaining period the Guaranteed Bonds are
outstanding. NASCAR shall provide, within 30 days of the date of this
Resolution, a letter of its intent to provide such aforementioned written
assurances.
5. Review and written opinion by bond counsel that such debt would not be
includible in the City's legal debt margin.
6. Independent verification of projections of revenues and expenses
indicating that it is reasonable to expect that the debt service coverage
for the bond issue is attainable. (This would include further,explanation
of projected general and administrative expenses.)
7. Agreement among the member jurisdictions regarding disposition of all
revenues to the Authority from the lease after payment of annual debt
service.
8. A properly and adequately documented construction budget with written
assurances that the project will be completed within that budget and
holding the City harmless for cost overruns.
9. Following completion of construction, the Sports Authority will issue no
additional Senior Debt and wIll issue no long term debt with an equal or
parity position to the Guaranteed Bonds without the approval of the
Participating Political Subdivisions.
10. The Council shall have reviewed and approved an Indenture of Mortgage
and Deed of Trust. (This would include adequate collateralization of the
subordinate debt as well as nature of the liability, i.e., non-joint and
severa 1).
11. Appropriate legal opinions for all matters deemed necessary by the
Council of the City of Virginia Beach.
12. Virginia Beach expends no funds unless Sports Authority defaults on
bonds.
13. Any other matter deemed necessary by the Council of the City of
Virginia Beach.
__ " Ve::~IY yours,
~Hq-{l !: Jl
Thomas H. Mue lenbeck r
City Manager
1HM:PAP:kc
Attachment
I
City of' Virgi:r1ia Beach
OFFICE OF RESEARCH AND
STRATEGIC ANAL.YSIS
(104) 427-4701
MUNICIPAL. CENTER
VIRGINIA BEACH, VIRGINIA 23456-1002
September 15, 1986
The Honorable Mayor
Members of Council
Dear Council Members:
As requested durIng the Public Hearing on the Guarantee of Debt for the
proposed Speedway on September 8, 1986, I have obtained the following
InfonnatIon for your review:
1. List of current property owners of the proposed Isle of Wight property
(obtained from the County Administrator of Isle of Wight) Is attached.
2. If one City does not participate in the guarantee, the question has arisen
regarding the impact on the viablllty of the project. Several alternatives
are possible, only one of which would be to increase the amount
guaranteed by the participating jurisdictions. If Chesapeake does not
participate, its $1,151,943 portion would be divided by 1, or $250,211 per
Jurisdiction.
3. According to Investment Corporation of Virginia, bond insurance has been
investigated; however, bond insurance companies are currently not
insuring any admissions-based debt.
4. Summary of Conditions to Approval of Guarantees by Jurisdictions is
shown on the attached table.
If there are any questions concerning this Infonnatlon, I wlll be happy to
provide further clarification.
!'err truly yo~, n7
lr~4!t- u if- ~i2~
Patricia A. Phillips
Director
P AP:kc
SUMMARY Of CONDITIONS IMPOSED BY JURISDICTIONS
Septentler 15, 1986
Virginia Newport Isle of
Beach Suffolk Hampton News Wiqht** Norfolk. Portsmout!
1. All jurisdictions must participate X X X X X X
2. Independent verification of projections X X
3. Written legal opinion regarding debt X X X
4. Long-term NASCAR conmltment X X X X X X
5. Review and approval of lease X X X X X X
6. Approval of guaranty X X X X X
7. Name RUst include "H8q)ton Roads" X
B. Agreement regarding revenues to Authority X
9. Docunented construction budget X
10. Authority issues ro other e~al or hig,er debt X
11. Approval of Indenture and Deed of Trust X
12. Appropriate legal opinions X
13. No funds expended unless AUthority defaults X
14. Any other matters Council deems necessary X
15. Remove lease restriction on admissions tax X
16. Receipt of 25% of payments to Authority X
. Not Yet Adopted:
** Pendinq Chanqes:
1. Isle of Wig,t--Special meeting September 15, 1986
2. Chesapeake--Some interest expressed
Sources: Clerks of respective cities and County Administrator of Isle of Wight.
"
.
PROPERTY OWNERS INVOLVED IN THE RACE TRACK REZONING
AND CONDITIONAL USE PERMIT APPLICATIONS:
.~
Union Camp Corporation
Tax Map Iden. I 47 (l) pt 24
47 (1) 3
47 (1) 14
47 (1) 7
Hattie J. Griffin, Estate
Tax Map Iden. I 47 (1) 6
46 (1) 52
Henry R. & Angie Griffin
Tax Map Iden. t 47 (1) 15
Chloe Edwards, et a1s
Tax Map Iden. I 46 (1) 51
Source: Isle of Wight County, September 12, 1986
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- 32 -
Item II-G.2.a/b/d/e
RESOLUTIONS
INDUSTRIAL DEVELOPMENT REVENUE ITEM # 26024
BONDS
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council ADOPTED:
Resolutions approving the issuance of Industrial Development
Revenue Bonds:
MARLIN MANOR MOTEL $ 800,000
NEWCASTLE MOTEL, INC. $ 750,000
SOUTHERN PROFESSIONAL CENTER II $ 900,000
AIRPORT INDUSTRIAL PARK
$3,000,000 (Refunding)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, * Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
BOND ISSUES FOR COUNCIL'S SEPTEMBER 15, 1986, AGENDA
DEVELOPMENT AUTHORITY PRIORITY NO. 2
Hotel/Motel
Marlin Manor Motel Corporation - $800,000
Newcastle Motel, Inc. - $750,000
DEVELOPMENT AUTHORITY PRIORITY NO. 4
Office/Professional Services Facility
Vista Care Partnership - $3,000,000
Southern Professional Center II - $900,000
Refunding Bond
Airport Industrial Park - $3,000,000
(Extension of Repayment Terms)
4/25/84
EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
Marlin Manor Motel Facility
2. LOCATION:
212 5th Street
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT:
Purchase existing facility and
construct 3 additional motel
units
$800,000
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
Neal A. Petry
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
B-5
b. Is rezoning proposed?
Yes
No
X
c. If so, to what zoning
classification?
, I, I
11/5/83
FISCAL IMPACT STATEMENT
DATE: August 1, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Pacific Associates Corporation
t/a Marlin Manor Motel
TYPE OF FACILITY: Motel
l. Maximum amount of financing sought
$ 800,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 970,200
3. Estimated real property tax per year
using present tax rates
$ 7,762
4. Estimated personal property tax per
year using present tax rates
$ 2,700
5. Estimated merchants' capital (business
license) tax per year using present tax
rates
$ 800
6. Estimated dollar value per year of goods
and services that will be purchased
locally
$ 77,876
7. Estimated number of regular employees on
year round basis (created and retained)
2 full-time
10 part-time/
seasonal
8. Average annual salary per employee
$
7,733.33
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has no independent investigation with respect thereto.
City of Virginia Beach
By: ~
Chairman
----------
Economic Impact Statement
1.
Amount of investment
$970,200
2. Amount of industrial revenue bond financing
sought
$800,000
3. Estimated taxable value of the facility's
real property to be constructed in the
City of Virginia Beach
$970,200
4. Estimated real property tax per year using
present tax rate
$ 7,762
5.
Estimated personal property tax
$ 2,700
6. Economic impact statement demonstrating
the overall return to the city:
A.
Number of new jobs: 1 additional full-time and 2
additional part-time
B.
Payroll generated $15,520 Av. Wage $J,760
C.
Number of jobs retained 1 full-time/8 part-time
D. Payroll retained $30,880 Av. Wage $J,720
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach
by type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
Value
Commercial Laundry Equipment
$10,500
$ 1,250
$ 8,600
$ 8,350
$29,176
$20,000
$
Laundry Services
Accounting and Leqal
Repair and Maintenance
Supplies
Utilities and Cable T.V.
TOTAL
$77,876
$ 800
$37,500
$37,500
5 - lO
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes x No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes ___ No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes x No
10. Location of project (attach location map) 212 5th
Street, Virginia Beach, Virginia
11. Explanation of alternative financing that has been reviewed
for project No other alternative financing has been
reviewed
F.
Estimated building permit fee and other
municipal fees
Estimated construction payroll
Estimated value of construction
material to be purchased within the
City of Virginia Beach
Estimated number of construction jobs
Any other items which the applicant
feels the Authority should be made
aware of in evaluating the project
G.
H.
I.
J.
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
~ll..~ ~0- ~ ~~
(Appl cant) c=J
/ r,Y-t/
Subscribed and sworn to before me this Iii] day of August,
1986.
My Commission Expires:
j;r/lc/ [1'
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Marlin Manor Motel Facility
PROJECT NAME:
PROJECT ADDRESS:
212 5th Street
Virginia Beach, virginia
Motel
TYPE OF PROJECT:
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on Monday, September
15, 1986.
On Motion by Councilman Harold Heischober
and seconded by
Councilman John D. Moss
, the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV-
ENUE BONDS TO MARLIN MANOR MOTEL CORPORA-
TION
WHEREAS, the City of virginia Beach Development Authority
(the "Authority"), has considered the application of the Marlin
Manor Motel Corporation (the "Company") for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $800,000 (the "Bonds") to assist in the financing
of the Company's acquisition of an existing motel and the con-
struction and equipping of a 3 motel unit addition to the ex-
isting motel (all improvements and land being collectively re-
ferred to as the "Facility") to be located at 212 5th Street in
Virginia Beach, Virginia, and has held a public hearing thereon
on September 9, 1986; and
WHEREAS, the Authority has requested the Ci.ty Council (the
"Cduncil") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, in a principal amount not to exceed
$800,000 for financing the acquisition of an existing motel and
the construction and equipping of a 3 motel unit addition to
the existing motel to be located at 212 5th Street in Virginia
Beach, Virginia for the benefit of Marlin Manor Motel Corpora-
tion, to the extent required by Section 103(k} of the Internal
Revenue Code, to permit the Authority to assist in the financ-
ing of the Facility.
2. The approval of the issuance of the Bond, as required
by Section 103(k}, does not constitute an endorsement of the
Bond or the creditworthiness of the Company, but, as required
by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employ-
ees and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including but not limited to
any decision by the Authority in its sole discretion to allo-
cate its allowable private activity bond limit to one or more
other projects if the issuance of tax-exempt bonds by the Au-
thority is restricted by any State or Federal statute now or
hereafter enacted; or (2) the Authority's failure for any rea-
son after the issuance of the Bonds for the Facility to allo-
cate a portion of its allowable private activity bond limit to
the Facility if the issuance of tax-exempt bonds by the Author-
ity is restricted by any State or Federal statute now or here-
after enacted.
4. This Resolution shall take effect immediately upon
its adoption.
-2-
Adopted by the Council of the City of Virginia Beach, Vir-
ginia, on September 15, 1986.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held September 15, 1986.
Clerk
-3-
4/25/84
EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
l. PROJECT NAME:
Newcastle Motel, Inc. Facility
2. LOCATION:
l2th Street and Oceanfront
Virginia Beach, Virginia 23451
3. DESCRIPTION OF PROJECT:
Construction and equipping of a
4-story, l2 unit motel addition
and a two level 56 space garage
4. AMOUNT OF BOND ISSUE:
$750,000
5. PRINCIPALS:
Fred B. Strickland
Elaine S. Sturqeon
Iscar S. Cobb
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
H-2
b. Is rezoning proposed?
Yes
No x
c. If so, to what zoning
classification?
11/5/83
FISCAL IMPACT STATEMENT
DATE: August 8, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Newcastle Motel, Inc. Facility
TYPE OF FACILITY: 4-story, 12 unit motel addition and
ancillary parking garage
1. Maximum amount of financing sought
$ 750,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 700,000
3. Estimated real property tax per year
using present tax rates
$ 5,600
4. Estimated personal property tax per
year using present tax rates
$ 1,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates
$ 300
6. Estimated dollar value per year of goods
and services that will be purchased
locally
$ 36,600
7. Estimated number of regular employees on
year round basis
4
8. Average annual salary per employee
$
5,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
'-'" L/
- ..
..~~ .
Chairman~
By:
Economic Impact Statement
1.
Amount of investment
2. Amount of industrial revenue bond financing
sought
3. Estimated taxable value of the facility's
real property to be constructed in the
City of Virginia Beach
4. Estimated real property tax per year using
present tax rate
5.
Estimated personal property tax
6. Economic impact statement demonstrating
the overall return to the city:
A.
Number of new jobs
4
B. Payroll generated $20,000 Av. Wage $5,000
C. Number of jobs retained 4
D. Payroll retained $20,000 Av. Wage $5,000
$750,000
$750,000
$700,000
$ 5,600
$ 1,000
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach
by type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
Value
General Supplies
Cable TV
Repairs and Maintenance
Utilities
$ 5,000
$ 500
$ 7,000
$lO,OOO
$ 8,000
$ l,400
$ 2,500
$ 1,500
$ 700
TOTAL
Insurance
Postage and Office Supplies
Telephone
Accounting and Legal
Vending Machines
$ 36,600
G.
H.
,I I
F.
Estimated building permit fee and other
municipal fees
Estimated construction payroll
Estimated value of construction
material to be purchased within the
City of Virginia Beach
Estimated number of construction jobs
Any other items which the applicant
feels the Authority should be made
aware of in evaluating the project
$ 22,500
$275,000
$250,000
25
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes x No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes ___ No x
9. Will the bond financing close wi thin 90 days from the
date of adoption of the inducement resolution?
Yes x No
lO. Location of project (attach location map) 12th Street
and Oceanfront, Virginia Beach, Virginia
ll. Explanation of alternative financing that has been reviewed
for project No othe~ alternative financing has been
reviewed.
I.
J.
i I
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
,/7
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(Applicant)
, .
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Subscribed and sworn to before me this/0 day of August,
1986.
My Commission Expires:
Jcc: Lie-
Notary, Public
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PROJECT NAME:
NEWCASTLE MOTEL, INC. FACILITY
PROJECT ADDRESS:
12th Street and Oceanfront
Virginia Beach, Virginia 23451
TYPE OF PROJECT:
Motel Addition and Ancillary
Parking Garage
,i I
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on Monday, September
15, 1986.
On Motion by
Councilman John D. Moss
Harold Heischober
and seconded by
, the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV-
ENUE BONDS TO NEWCASTLE MOTEL, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of the
Newcastle Motel, Inc. (the "Company") for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $750,000 (the "Bonds") to assist in the financing
of the Company's construction and equipping of a one 2 story 56
space parking garage and a one 4 story 12 efficiency motel unit
addition to the existing Newcastle Motel consisting of approxi-
mately 6,664 square feet (all improvements and land being col-
lectively referred to as the "Facility") to be located at 12th
Street and Oceanfront in Virginia Beach, Virginia, and has held
a public hearing thereon on September 9, 1986; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to 515.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, in a principal amount not to exceed
$750,000 for financing the construction and equipping of a one
2 story 56 space parking garage and a one 4 story 12 efficiency
motel unit addition consisting of approximately 6,664 square
feet to the existing Newcastle Motel to be located at 12th
Street and Oceanfront in Virginia Beach, Virginia for the bene-
fit of Newcastle Motel, Inc., to the extent required by Section
l03(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as required
by Section l03(k), does not constitute an endorsement of the
Bond or the creditworthiness of the Company, but, as required
by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employ-
ees and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including but not limited to
any decision by the Authority in its sole discretion to allo-
cate its allowable private activity bond limit to one or more
other projects if the issuance of tax-exempt bonds by the Au-
thority is restricted by any State or Federal statute now or
hereafter enacted; or (2) the Authority's failure for any rea-
son after the issuance of the Bonds for the Facility to allo-
cate a portion of its allowable private activity bond limit to
the Facility if the issuance of tax-exempt bonds by the Author-
ity is restricted by any State or Federal statute now or here-
after enacted.
-2-
,i I
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach, Vir-
ginia, on September 15, 1986.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held September 15, 1986.
Clerk
-3-
,II I
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAM~:
Southern Professional Center II
2. LOCATION:
2716 Southern Boulev~rd
Virginia Beach, VA 23452
3. DESCRIPTION OF PROJECT:
15,000 square foot commercial office
- .
building
4. AMOUNT OF BOND ISSUE:
$900,000
5. PRINCIPALS:
Robert H. DeFord, Jr. and
DeFord, Ltd.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed?
Yes
-
No x
c. If so, to what zoning
classification?
. "
. . ).
.
Economic Impact Statement
1. Amount of investlii0nt
2. Amount of industrial revenue bond financing
sought
3. Estimated taxable value of the facil;ty's
real property to be constructed in the City
of VirginIa Beach
4. Estimated real property tax per year using
present tax rate
5. Estimated personal property tax
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 10
B. Payroll generated $150,000
C. Number of jobs retained N/A
,i I
$900,000
$900,000
..:,'~ -~~':;:::~:~~- ~--'
~-. .,'
$900,000
$ 7,200
$
360
'P
Av. Wage $15.000
D. Payroll retained $ N/A
Av. Wage $
E. Estimate of the value of goods and services purchas~d
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
Value
Equipment.
$ lO,OOO
$- -5{}-,G-O 0
-Prefessional services
Labor
$ 60,000
$
TOTAL $l20,000
.
;,
,
. ;
II I I
F. Estimated building permit fee and other municipal
. fees
$ /!
I .
G. Estimated construction payroll
$ .; "
H. Estimated value of construction material
. -.- .' --. ','
- --.:.:..:. :~:,,:..''''; ~ ... -" ".-
to be purchased within the City of
Virginia Beach
$ / / L.i 'I ,
lLL'( ,l,lt
I. Estimated number of construction jobs
,",' ,~-
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes ~~NO
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location map) 2716 Southern
Boulevard, Virginia Beach, VA 23452
11. Explanation of alternative financing that has been
reviewed for project
......
.' .
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I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this
1984.
day of
,
Notary Public
My Commission Expires:
~
..
" ;.
'1
ji I
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: July 14, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Southern Professional Center II
TYPE OF FACILITY: Commercial Office Building
1. Maximum amount of financing sought $
900.000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $
900,000.00
3. Estimated real property tax per year
using present tax rates ~
7,200.00
4. Estimated personal property tax per
year using present tax rates $
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $
360.00
6. Estimated dollar value per year of goods
and services that will be purchased
locally
$ 100,000.00
7. Estimated number of regular employees on
year round basis
8. Average annual salary per employee
$ 10
$ 15,000.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
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Juins MJp 5
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.HE
PROJECT NAME:
Southern Professional Center
PROJECT LOCATION:
2716 Southern Boulevard
rpVU'k' /l'k' 'P'Q/l.1'l<'f''\''.
f'nmmpr(";""l n'f'fir"C> 'Rlli1r!;nrY
K
Ii I I
RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH
APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BOND
FOR
SOUTHERN PROFESSIONAL CENTER, II
WHEREAS,
the
City
of
Virginia
Beach
Development
Authori ty, whose address is 770 Lynnhaven Parkway, Sui te 200,
Virginia Beach, Virginia (the "Authority") has considered and
adopted a Resolution of Intent (the "Resolution") approving the
application of Southern Professional Center, II, a Virginia
general partnership, or assigns, whose address is 2712 Southern
Boulevard, Suite 202, Virginia Beach, Virginia 23452 (the
"Purchaser"), for the issuance of the Authority's industrial
development revenue bond in an amount estimated at not more than
$900,000 (the "Bond") to assist in the financing of the Purcha-
ser's construction and equipping of a 15,000 sq. ft. commercial
office building (the "Project") located on real property in the
City of Virginia Beach, Virginia, which is owned by the
Purchaser, and has held a public hearing thereon on September 9,
1986, and;
WHEREAS, the Authori ty has requested the Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve
the issuance of the Bond to comply wi th Sect i.on 103 (k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the Authority for the bene-
fit of Southern Professional Center II, a Virginia general part-
nership, its ass igns and successors, to the extent of and as
- 1 -
required by Section 103(k) of the Internal Revenue Code, to per-
mit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bond, as
required by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643, Acts of Assembly of 1964, as amended, the Bond
shall provide that nei ther the Ci ty nor the Authori ty shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. In approvi ng the Resolution, the Ci ty of Vi rg inia
Beach,
including
its
elected
representatives,
officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocate its
allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a port ion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authori ty is restricted
by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on September 15
, 1986.
CITY COUNCIL OF VIRGINIA BEACH
By:
spc#l
ccr.spc.c
- 2 -
,I I
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
Airport Industrial Park Project
2. LOCATION:
Air Rail Avenue
Virginia Beach, Virginia
3. DESCRIPTION:
acquiring, improving, and con-
structing an Industrial Park
Facility
4. AMOUNT OF BOND ISSUE:
$3,000,000 (Modification and
Extension)
5. PRINCIPALS:
Development Authority of the
City of Virginia Beach, 770
Lynnhaven Par~Nay, Virginia
Beach, Virginia, 23456
6. ZONING CLASSIFICATION:
a. Present zoning Classifi-
cation of the Property I-I
b. Is Rezoning Proposed?
Yes
No X
c. If so, to What Zoning
Classification?
'I I
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
September 15, 1986
TO:
The City Council of Virginia Beach, Virginia
PROJECT NAME: Airport Industrial Park Project
TYPE OF FACILITY: Industrial Park Facility
1. Maximum amount of financing sought
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 3,000,000.00
~;30, 000,000.00
3. Estimated real property tax per year
using present tax rates
$
240,000.00
4. Estimated personal property tax per
year using present tax rates
~)
32,500.00
5. Estimated merchants' capital (business
license) tax per year using present tax
rates
$
Unknown
6. Estimated dollar value per year of goods
and services that will be purchased
locally
$
780,000.00
7. Estimated number of regular employees
on year round basis
250 - 350
8. Average annual salary per employee
$
14,000.00
The information contained in this Statement is based on
facts and estimates provided by the Applicant.
-----.".
City of Virginia Beach
Development Authority
By
1,&88,000
-------~ ~.. --------------- ~'
------------
---------
1.681.000
1.010,000
-----
60
I
~/
,-_('H.
Q<,!,
-I...~~
('1>
~
~irport lndustrial par~
'PROJBCT N~B:
'PROJBCT LOCl'SlON:
Air Rail A'ienue
Virginia >>eacn. virginia
lndustrial par~ facility
T'l'PB ot' 'PROJECT:
RESOLUTION APPROVING THE MODIFICATION OF
AN INDUSTRIAL DEVELOPMENT REVENUE NOTE
FOR THE AIRPORT INDUSTRIAL PARK FACILITY
WHEREAS, the
City of
Virginia Beach Development
Authority (the "Authority") has considered its application for
the modification
of the Authority's industrial development
revenue Notes to allow the Authority to extend repaying its
$3,000,000.00 Note from January 1, 1987, to January 1, 1988 to
assist in the financing
of
the
Authority's acquisition,
improvement, and construction of an Industrial Park site on
approximately 48 acres of land (the "Facility") at Air Rail
Avenue in the City of Virginia Beach, Virginia, and has held a
public hearing thereon on September 9, 1986; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), to
approve the modification of the Industrial Park Note so as to
comply with Section 103(k) of the Internal Revenue code of 1954,
as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia of
1950, as amended, a copy of the Authority's
Resolution approving the modification of the Industrial Park
Note, subject to terms to be agreed upon, and a reasonably
detailed summary of the comments expressed at the public hearing,
if any, have been filed with the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the modification of the Industrial Park Note
by the City of Virginia Beach Development Authority for the
benefit of the City of Virginia Beach Development Authority to
the extent of and as required by Section 103(k) of the Internal
Revenue code, to permit the Authority to modify the repayment
terms of the financing of the Facility.
2. The approval of the modification of the Industrial
Park Note, as required by Section 103(k), does not constitute an
endorsement of the Industrial Park Note or the creditworthiness
of the Applicant, but pursuant to Chapter 643, Virginia Acts of
Assembly of 1964, as amended, the modification of the Note shall
provide that neither the City nor the Authority shall be
obligated to pay the Note as modified or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pleaded thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the council of the
City of Virginia Beach, Virginia on September 15 , 1986.
2
- 33 -
Item II-G.2. c
RESOLUTIONS
INDUSTRIAL DEVELOPMENT REVENUE ITEM # 26024
BONDS
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council ADOPTED:
Resolution approving the issuance of Industrial Development
Revenue Bonds:
VISTA CARE PARTNERSHIP
$ 3,000,000
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,*
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan**
Council Members Absent:
None
*Verbal Aye
**Verbal Nay
Ar.r./
4/25/84
EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
~
~
1. PROJECT NAME:
2. LOCATION:
3. DESCRIPTION OF PROJECT:
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
Vista Care Partnership
End of Old Donation Parkway extended
on the north side of Vlrglnla Beach
General Hospital
Adult residential care facility
$3,000,000
Glen Yates, Jr.
Alex W. Asble
R. Patrick Deans
R-4 High Density, Use Permit #4966
Yes
No XX
'I I
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
August 14, 1986
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Vista Care Partnership
TYPE OF FACILITY: Adult residential care facility
1- Maximum amount of financing sought $3,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the $2,500,000
municipality
3. Estimated real property tax per year
using present tax rates $ 20,000
4 . Estimated personal property tax per
year using present tax rates $ l2,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates
$
N/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 500,000
7. Estimated number of regular employees on
year round basis $ 40
8. Average annual salary per employee $ lO,OOO
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
" ~
{
",
Economic Impact Statement
1.
Amount of investment
2.
Amount of industrial revenue bond financing
sought
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach
4. Estimated real property tax per year using
present tax rate
5.
Estimated personal property tax
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 40 ___ possible
B.
Payroll generated $ .400,000 .
Av. Wage" $10.000
c. Number of jobs retained
D.
Payroll retained $
Av. Wage $
E. Estimate of the value of 'goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
Value
Groceries/Kitchen
$. 250,000
$:" 50,000
$ 150,000
Laundry/Linen
Nursing
, .
Motor, plant, mainten~ce50,000
TOTAl $ 500,000
Exhibit H
$3.000.000
$3,000,000
$2,500,000
$
$
..2.0 , 0 0 0
12,000
II I I
(
(
F.
Estimated building permit fee and other municipal
fees $
50,000
G.
Estimated construction payroll
$1 , 250 , 000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach
$ l,OOO,OOO
1.
Estimated number of construction jobs
25 man years
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the specific use being
Zoned
proposed for industrial revenue bond financing?
Yes XX
No
8. Has a bond purchase agreement/~ommitment been accepted by
the applicant? (attach a copy) Yes
No XX
9. Will the bond financing close within 90 days from the
date of adoption of the indu~ement resolution? Yes XX
No
10.
Location of project (attach location map)
End of Old Donation
Parkway extended on the north side of Virginia Beach
General tiOSp1ta.L
11. Explanation of alternative financing that has been
reviewed for project
None
---
--------
'.
----------
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vista Care ~artnershiP
north siae
II; I
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Vista Care Partnership Facility)
WHEREAS, the City of Virginia Beach Development
Authority (the "Authority") has considered the application
of Vista Care Partnership, a Virginia general partnership,
or any partnership or corporation of which Glen Yates,
Jr. is a partner or shareholder (the "Company") for
the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $3,000,000
(the "Bonds") to assist in the financing of the Company's
acquisition, construction and equipping of an adult
residential care facility, consisting of approximately
37,940 square feet, to be located at the end of Old
Donation Parkway extended on the north side of Virginia
Beach General Hospital in the City of Virginia Beach,
Virginia (the "Facility"), and has held a public
hearing thereon on September 9, 1985; and
WHEREAS, the Authority has requested the City
Council (the "Council") of Virginia Beach, Virginia
(the "City") to approve the issuance of the Bonds
to comply with Section l03(k) of the Internal Revenue
Code of 1954, as amended; and
WHEREAS, pursuant to Section l5.l-l378.l of
the Code of Virginia, 1950, as amended, a copy of
the Authority's Resolution approving the issuance
of the Bonds, subject to terms to be mutually agreed
upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been
filed with the Council of the City of Virginia Beach,
Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
l. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Vista Care
Partnership, or any partnership or corporation of which Glen
Yates, Jr., is a partner or shareholder, to the extent of
and as required by Section l03(k) of the Internal Revenue
Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section l03(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequential,
resulting from (l) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion
to allocate its allowable industrial development bond volume
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
development revenue bonds by the Authority is restricted
by any state or federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council of
the City of Virginia Beach, Virginia on September l5, 1986.
- 34 -
Item II-H.1
ORDINANCES
ITEM # 26025
Sam Houston, Sr, complimented the City Council on the ADOPTION of said
Ordinance.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance to authorize the City Manager to execute
an Agreement with the Virginia Beach Community
Development Corporation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum*, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
~o~+~mh~~ 1~ 1noL
Ii I
34a
Requested by the Department of Housing and Community Development
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WHEREAS, the City of Virginia Beach desires assistance to
provide services to faci I itate the overall revital ization of low
and moderate income neighborhoods, to encourage private
investment in these neighborhoods in a manner consistent with the
purpose of the City's neighborhood plans for target areas, and to
involve the community in the revitalization of these areas; and
WHEREAS, the Virginia Beach Community Development
Corporation (VBCDC) is a non-profit organization which may assist
residents of Virginia Beach in the utilization of available
resources to meet their needs;
WHEREAS, the City wishes to enter into a contract with the
VBCDC to provide this assistance to residents; and
WHEREAS, the City shall monitor the VBCDC to ensure
compl iance with U. S. Department of Housing and Urban Development
(HUD) fiscal and performance requirements for subrecipients of
Community Development Block Grant (CDBG) funds; and
Iv HER E AS, the V BCD C s h a I I com ply wit h the C i t Y 's G ran t
Guidel ines for Agencies Receiving Funds from the City of Virginia
Beach to fund activities which benefit the citizens and the
community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the attached Agreement is hereby approved and
the City r~anager is hereby authorized and directed to sign the
agreement with VBCDC for the purposes referenced above and for
the terms and conditions more fully specified in an agreement
attached hereto and incorporated by reference.
This ordinance shall be effective from the date of its
adoption.
Adopted by Council of the City of Virginia Beach, Virginia
on the 15th day of
September
, 1 986.
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~ S f;t.
City Attor ey
Mar . Ustick,
Depar ent of Housing and
Community Development
Attachment
,II,
6 ,
AGREENENT
,
This Agreement, entered into as of the
day of
1986, is a contrac t by and between the City of Virginia Beach
I
(hereinafter called CITY) and Virginia Beach Community
Development Corporation (hereinafter called VBCDC).
WIT N E SSE T H:
WHEREAS, the CITY has received funds from the U.S.
Department of Housing and Urban Development under the Community
Development Act of 1980 (Pub. L. 96-99); and
WHEREAS, the CITY has allocated a portion of these funds to
be utilized to promote housing and economic development
activities; and
WHEREAS, the CITY has solicited the non-profit corporation
as is specified under Section 501 (c)
( 3 )
of the Internal
\
Revenue Code of 1954 (or the corresponding provisions of any
future United States Internal Revenue Law) to assist the
residents of Virginia Beach in the utilization of all available
resources to meet their needs; and
WHEREAS, the CITY desires to engage the VBCDC to assist in
the provision of services to facilitate the overall
revitalization of low and moderate income neighborhoods, to
encourage private investment in these neighborhoods in a manner
whi~h is consistent with the purposes of the City's neighborhood
plans for the target areas and other low and moderate income
areas, and to involve the community in the revitalization of
these areas, and
WHEREAS, the VBCDC has submitted a strategic plan which
add r e .. .. e.. the s pee i fie low and mod era t e i n c 0 OIl! h 0 u sin g nee d s 0 f
the residents of Virginia Beach and represents that it is
qualified and willing to perform the services in connection with
providing available resources to meet their needs.
NOW THEREFORE, in connection with these premises and mutual
covenants, promises and representations contained herein, the two
parties do mutually agree to the following:
,II' I
1. General Scooe of Services - The strategic plan for the
VDCDC provides a framework for directing the VBCDC's services and
programs for the next five years (1985-l990) and is attached
hereto and incorporated by reference.
The VBCDC will act 8S an advisor to the City serving to
relate
target
assist
the private business and social
areas to City government. In
tbe City in carrying out tbe
communities within the
this capacity, it will
Community Development
functions invol~ed in the revitalization of the target
neighborhoods
through its
and otper
Doard of
low and moderate
Directors its
income
areas.
Acting
staff
personnel and
consultants, it will carry out a series of concerted actions
deemed appropriate to achieve the rebuilding or rehabilitation of
tbe target areas in ways which are consistent with the City's
plans for these areas and which afford opportunities for minority
participation in economic development.
2. Pro2,ram Ob iectives In general terms, the vnCDC will
conduct such activities in the revitalization of the target areas
as may be appropriate to enhance the community's awareness of the
revitalization process and provide basic education concerning
that process. Specific objectives of the vnCDC include the
following:
(a) to broaden and diversify the economic base of the
target areas;
(b) to assist the growth and development of private
investment in the target areas;
(c) to create new employment opportunities for target area
residents and other low and moderate income persons;
(d) to mobilize financing for housing and economic
development in the target areas;
(e) to educate, provide, train and assist labor forces in
those fields of activity where new skills are needed;
and
2
; II; I
(f) to promote and assist in the development of housing in
the target neighborhoods and other low and moderate
income areas.
3. Plannin~ Years It is envisioned that the
revitalization plans for the target areas will be implemented and
carried out over a term of several years. Therefore~
administrative budgets for all years during which this Contract
is extended during which similar contracts are entered into
between the CITY and the vnCDC will be presented to the CITY on
or before November 1 of the year preceding the fiscal year July
1st - June 30th contract year. Requests for funding of projects
will be submitted to the City on or before March 1st of the year
preceding the fiscal year July 1st - June 30th contract year.
4. Bud~et Controls and Revisions The VBCDC agrees to
expend the funds provided to it by the City in accordance with
the Work Program and with the Budget Allocation attached hereto
and incorporated by reference. No funds will be expended or
obligated by the VBCDC unless done pursuant to such line-item
budget, and any changes in the Work Program or the line-item
budget must be approved in writing by the CITY. Notwithstanding
the foregoing, and so long as the overall expenditures do not
exceed the total of budget funds set out in the Budget
Allocation, changes of program or administrlltive expenditures
di~fering from the line-item budget may be made if they do not
exceed a line-item by more than ten percent (10%). Any variance
greater than ten percent (10%) must be approved in writing by the
CITY prior to disbursement.
S. Development of Work Pr02ram and Bud2et - The VBCDC's
recommended work program for the project year is as follows:
A. Promote Community Involvement:
(1) The VBCDC will conduct its corporate operations in
such a manner as to provide a citizen clearing
house of information and a focal point for
community involvement in the revitalization of the
target neighborhoods.
3
b...&. ...............a...... ..._,._.........._____.._...,
(2) Seek out development opportunities and provide
prospective entrepreneurs with technical assistance
in preliminary planning. site selection and layout,
testing and determining economic feasibility.
development of innovative public/p~ivate financing,
and obtain financial commitments.
(3) Keep the community informed of progress by means of
the dissemination of informational material and
periodic public meetings.
(4) Solici~. evaluate and communicate to the CITY the
suggestions. advice and opinion of the residents
and businesses located within the targeted areas.
(5) In conjunction with the CITY. develop priorities
for areas of concerted action and specific efforts.
B. Administration of Corporate Operation:
(1) The VBCDC will manage its corporate affairs in a
regular and effective manner. continuing to keep
appropriate books and records accurately reflecting
all financial transactions of the VBCDC.
(2) Conduct appropriate corporate and other meetings
and attend to the issuance of proper notice and
preparation and retention of minutes relating
thereto.
(3) Make such reports to the City as may be required by
such bodies in their compliance with regulations
governing the execution of the Community
.
Development Program.
(4) Ensure that all expenditures of funds are made
pursuant to approved budgets.
6 .
Accounts and Accountabilitv
The VBCDC agrees to
maintain adequate books and records relating to the receipt.
expenditure and retention of all funds received under this
Agreement.
The VBCDC agrees to submit semi-annual performance
reports of the activities undertaken under this Agreement and to
provide monthly financial reports of all receipts and
4
disbursements for review by the CITY.
The VBCDC shall permit the
CITY, or their duly authorized representatives, to audit,
inspect, examine and make excerpts or copies of and from all of
its books, accounts, records, files' and other papers relating to
the work performed by the VBCDC under this Agreement.
7 .
Part II
Terms and Conditions
This Agreement is
subject to and incorporates by reference herein all the
provisions of Part II - Terms and Conditions, which is attached
hereto and made a part of hereof.
IN WITNESS WHEREOF the parties here caused this Agreement to
be executed by the signatures of the respective chief executive
officers, as duly authorized.
CITY OF VIRGINIA BEACH
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
BY:
Thomas H. Muehlenbeck
City Manager
t~J> Vi.
Jr. Y
DATE:
DATE:
Y;-7--~v
TESTE:
Ruth Hodges Smith
City Clerk
DATE:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Dep,artment of Housing and
Community Development
City Attorney
APPROVED AS TO FUND AVAILABILITY:
5
PART II - TERMS AND CONDITIONS TO THE AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA
BEACH COMMUNITY DEVELOPMENT CORPORATION
DATED
, 1986
I.
DEFINITIons:
The' follow in g t e r m s are de fin e d as tot h e i r
usage in this Agreement:
A. "CITY" - Wherever the word "CITY" appears, it shall
mean the local government of the City of Virginia
Beach, as represented by its City Manager or his
designee.
Specifically, the principal City agency
responsible for the administration of this Agreement is
the Department of Housing and Community Development.
B.
"VBCDC"
Wherever "VBCDC" appears, it shall mean
Virginia Beach Community Development Corporation,
located at 397 Little Neck Road, Virginia Beach,
Virginia, represented by its Chairman of the Board of
Directors.
C. "COMPOSITION" - The Board shall be composed of seven
(7) directors who shall be appointed by the City
Council of the City of Virginia Beach. The Board shall
serve until their appointed terms expire. City Council
may also appoint an additional director, who shall be
an ex officio member with no voting powers.
D.
"TERM"
Three (3) directors shall originally be
appointed to serve four (4) years, two (2) directors to
serve three (3) years, and two (2) directors to serve
two (2) y e, a r s .
The ex officio director shall
originally be appointed to serve two (2) years.
Thereafter, all directors will be appointed for a term
of four (4) years. No director may serve more than ten
(10) successive years.
II. INDEMNIFICATION AND INSURANCE:
A. Every person now or hereafter a director or officer of
the corporation (and his/her heirs, executors, and
administrators) shall be indemnified by the corporation
a g a ,i n 8 tal 1 c 0 s t san d e x pen s e s, i n c 1 u din gal 1
6
attorney's fees, imposed upon or reasonably incurred by
him/her in connection with or resulting from any
action, suit, proceeding, or claim to which he/she is
or may be made a party by reason of his/her being or
having been a director or officer of the corporation
(whether or not a director or officer at the time such
costs or expenses are incurred by or imposed upon
him/her) except in relation to matters as of which
he/she shall have finally been adjudged in such action,
suit, or proceeding to be liable for gross negligence
or willful misconduct in the performance of his/her
duties as such director or officer.
Such right of
indemnification shall not be deemed exclusive or any
right to which he may be entitled under any other
bylaw, agreement, or otherwise.
B. VBCDC assumes responsibility for ensuring that all
grants comply with all guidelines and regulations that
are attached thereto. In the event that any grant
monies are required to be returned to the granting
authority, VBCDC agrees to make restitution to the City
in the full amount of the required refund. VBCDC
further agrees to defend and save harmle8s the City
from any and all claims arising out of VBCDC's
performance under this Agreement.
C. VBCDC agree8 to secure and maintain in effect at all
tim~8 during the period this Agreement is in effect,
comprehensive general liability in8urance at limits not
le8s than One Million Dollars ($1,000,000.00), and
director's fidelity bond at limits not le88 than One
Million Dollars ($1,000,000.00) and directors and
officer's liability insurance at limits not less than
One Million Dollars ($1,000,000.00>' Such insurance
shall be written by companies authorized to do business
in the Commonwealth of Virginia acceptable to the City
and the limits of 8aid insurance shall not be less than
7
One Million Dollars ($1,000,000.00) and shall on all
occasions be-equal to or greater than the amount of the
grant monies appropriated to the YBCDC by the City.
Proof of insurance shall be submitted to the City prior
to beginning work under the Agreement and shall be
maintained in full force and effect during the entire
term of the Agreement.
Ill. OWNERSHIP OF DOCUMENTS: It is understood and agreed by and
between the parties hereto that all reports, studies,
calculations, memoranda, estimates, computations, etc.
produced by VBCDC, in the execution of this Agreement shall
become and remain the property of the City upon termination
of this Agreenlent or completion of the work, and the City
shall have the right to use same for any public purpose
without compensation to VBCDC other than as hereinafter
provided.
VBCDC hereby grants access to any duly authorized
representative from the City, from the Comptroller General
of the United States, from the U.S. Department of Housing
and Urban Development, or any other relevant federal agency,
to the records and documents pertaining to this Agreement
which are in their possession or under their control.
Suc h
access shall be for the express purpose of making audit,
examination, excerpts, and transcription. thereof.
VBCDC shall preserve and maintain all contract records
and doc u ~ e n t s f 0, rat I e as t t h r e e (3) yea r s aft e r the C i t Y
makes final payment of thi. Agreement, after all pending
matters under this Agreement are closed.
IV. CONTRACT:
A.
Duration:
All services identified in Part I of this
Agreement shall upon approval by City Council and the
availability of funds be renewed on July 1st of each
program year.
B.
Subcontracts:
VBCDC shall not subcontract or otherwise
assign any of the services covered in Part I which are
8
,
funded by CDBG funds, without prior written approval by
the City.
Any approved subcontracting activities will
comply with applicable business opportunity standards
for federally-assisted contracts.
V.
PROGRAMMATIC REVIEWS:
From time-to-time during the term of
this Agreement, the City may review and evaluate the
content, quality, and progress 'of the program outlined in
this document.
This will be accomplished by monitoring the
books, accounts ~ and records of VBCDC to assure that funds
are spent in the manner prescribed in this Agreement.
As a
result of such review and evaluations, the City may require
in writing that the scope of services by revised.
VBCDC
will acknowledge such change(s) and indicate how the
change(s) is (are) being implemented.
VI.
RULES AND REGULATIONS:
All the rules and regulations
promulgated pursuant to and otherwise applicable to the
Community Development Act of 1980 (P.L. 96-99) are hereby
incorporated by reference.
VBCDC is responsible to the City
for complying with those rules and regulations which are
applicable to this Agreement, as determined by the City.
The City's Grant Agreement with the U.S. Department of
Housing and Urban Development for the Community Development
Block Grant Program shall take precedence over any
conflicting conditions in this Agreement.
VII. ENVIRONMENTAL REVIEW:
The City will meet any environmental
impact, protection, or review responsibilities entrusted
under the National Environment Policy Act of 1969 (Public
Law 1-190) and the regulations issued pursuant thereto.
VIII.TERMINATION:
The City and VBCDC hereby agree to the
following conditions, processes, and rights pertaining to
termination of this Agreement:
A.
For Cause:
The City retains the right to terminate
this Agreement for cause as determined through standard
contract administration principles and as provided by
law.
9
B. Noncompliance: If VBCDC fails to comply with the rules
and regulations referenced in Section VI, the City
reserves the right to terminate this Agreement after a
reasonable attempt to secure compliance.
C. Notification: If this Agreement is terminated, the
City shall
notice will
immediately notify VBCDC in writing. Such
include the effective date, the time, the
reason(s) for the action, and the identity of a contact
person with whom to close out any pending matters.
D.
Settlem~nt Compensation:
The City shall compensate
VBCDC only for services
time of the termination
rendered up to the date and
and accepted by the City as
satisfactory.
Such compensation shall be paid when all
pending matters from the Agreement are closed out. Any
equipment costing more than One Thousand Dollars
($1,000.00) shall be used solely for carrying out the
provisions in this Agreement.
In the event of the
termination of this Agreement for cause. all such
equipment shall become the property of the City and all
funds appropriated by City to the VBCDC are to be
returned to the City.
IX. CONFLICT OF INTEREST: In the procurement of supplies,
equipment. construction. and services. the provisions of
Section 510.611 of Title 24 Code of Federal Regulations and
the Virg~nia C~mprehensive Conflict of Interest Act
contained in Chapter 40 of Title 2.1 of the Code of Virginia
shall apply. ,Such cases include the acquisition and
disposition of real property and the provision of assistance
by the recipient or by its subrecipients to individuals,
businesses. and other private entities under eligible
activities which authorize such assistance.
No member of the governing body of the City or other
officer. employee. or agent of the City who exercises any
functions or responsibilities in connection with the review.
10
approval, or execution of the Community Development Plans
for the target areas shall have any personal interest,
direct or indirect, in this Agreement.
The members of the
VBCDC shall comply with the Conflict of Interest Ordinance
for the City of Virginia Beach.
x.
EQUAL EMPLOYMENT OPPORTUNITY:
During the performance of
this Agreement. the vnCDC agrees as follows:
A. The VBCDC shall not discriminate against any employee
or applicant for employment because of race. color.
religion. sex. or national origin.
The VBcnc shall
take affirmative action to ensure that applicants are
employed and that employees are treated during
employment without regard to their race. color.
religion, sex. or national origin.
Such action shall
include. but not be limited to, the following:
employment, upgrading, demotion, or transfer~
recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of
compensation; and selection for training, including
apprenticeship. The vnCDC agrees to post in
conspicuous places, available to employees and
applicants for employment. notices to be provided by
the City setting forth the provisions of this
nondiscrimination clause.
B. The VBCDC shall, in all solicitations or advertisements
for ~mployees placed by or on behalf of the VBCDC,
state that all qualified applicants will receive
consideration for employment without regard to race.
color, religion. sex, or national origin.
C. The VBCDC sball cause the foregoing provisions to be
inserted in all subcontracts for any work covered by
this Agreement so that sucb provisions shall be binding
upon each subcontractor, provided that the foregoing
provisions shall not apply to contracts or subcontracts
for standard commercial supplies or raw materials.
11
....11
'" --.. ........--- .-'-" .-. ...-.-. ". ~-_...~._.~ -.-..--..-......... . -" . '
XI.
LABOR STANDARDS:
Insofar as they are applicable to the
activities performed by the vnCDC under this Agreement. the
vnCDC agrees to comply with the minimum wage and maximum
hour provisions of the Fair Labor Standards Act (29 USC 201
et seQ.), the Davis Bacon Act (40 USC 276A to 276A-7), the
Contract Work Hours and Safety Standards Act (40 usc 327-
330), and the regulations implementing said acts set out in
29 CFR Part 5.
XII. COHPLIANCE HITH LOCAL LAWS: The vnCDC agrees in the
performance of t~is Agreement to comply with all applicable
laws and ordinances of the State of Virginia and the City of
Virginia Deach.
The VBCDC agrees that none of the
XIII.
SUBCONTRACTING:
services covered by this Agreement shall be
subcontracted without the prior written consent of the
City, provided, however, that services required in the
day-to-day course of business are not contemplated as
those referred to in this paragraph. In tbe event that
VBCDC shall, with the approval of the City. contract
for construction work in connection with the execution
of this Agreement, it agrees to insert in each
subcontract appropriate provisions requiring compliance
with the labor standard provisions set out above.
The VBCDC agrees not to assign any interest
XIV. ASSIGNABILITY:
in this Agreement without the prior written approval of the
City.
XV. COl1PENSATION: The City and VBCDC agree to the following
terms relating to compensation under the Agreement: The
total sum of all payments made by the City to VBCDC for
services under this Agreement are not to exceed Eighty-five
Thousand Seven Hundred and Seventy-eight Dollars
($85,778.00)for program year 1986-1987. This sum shall
constitute the compensation for the service identified
herein,and rendered to the City.
XVI. CLAIMS FOR EXTRA COMPENSATION:
In any case where VnCDC
12
believes extra compensation is due for work and services not
clearly covered by this Agreement or supplement thereto,
VBCDC shall promptly notify the City in writing of their
intention to make claim for such extra compensation before
they begin the work or provide the services on which they
base their claim.
If such notification is not given, no claim for such
extra compensation will be considered.
Such notice by VBCDC
shall not in any way be construed as proving the validity of
the claim. The claim must be approved by the City. In case
the claim is found to be just, it shall be allowed and paid
for as extra work in accordance with the terms of n
supplemental agreement entered into before such work is
started. This in no way applies to funds received from
sources other than the City.
XVII.
HETHOD OF PAYHENT: The City shall pay VBCDC upon
receipt of an invoice identifying the services for
which payment is sought and detailing the actual
expenditures incurred, except that the first
payment shall be an advance payment, hereinafter
referred to as the "Advance Payment."
The Advance
Payment shall detail the expenditures expected to
be incurred for the month following receipt of the
Advance Payment. The Advance Payment shall be in
accordance with an approved budget which shall be
made a part of this Agreement. Subsequent payments
shall be made upon receipt of and accounting of the
use of the advance, accompanied by a requisition
for payment upon which VBCDC shall identify and
certify the services completed and stating that it
is due the funds.
All funds paid by the City to the
XVIII.
UNEXPENDED FUNDS:
VBCDC hereunder which remain unobligated as of the end
of this Agreement or at the end of any extension
thereof shall be returned to the City.
13
XIX. PERFORHANCE BONDS OR LETTERS OF CREDIT:
In its
implementation of future grants that may be appropriated by
the City, the VBCDC agrees to require developers and/or
contractors to post bonds or letters of credit in the amount
of the coulmunity
pursuant to an
development funds
agreement with
disbursed by the VBCDC
said developer and/or
contractor.
The bonds or letters of credit shall be in a
form and with a company acceptable to the City Attorney,
which bond or letter of credit guarantees the reimbursement
to the City of Virginia Beach Community Development Block
Grant Fund in the amount of the funds so disbursed in the
event the developers and/or contractors, their heirs,
assigns, or successors in interest, fail to comply with any
of the terms or conditions of said agreelllent with vnCDC.
The bond or letter of credit is to be released upon the
satisfactory completion of all terms, clauses. and
conditions of the
developers and/or
collection of the
agreement executed by
contrac tors. The VBCDC
the
vnCDC
and
the
agrees
to
pursue
funds
so
disbursed
upon
written
notification by the City.
XX. CONTRACT ENTIRETY: This Agreement is complete in itself and
forms the entire agreement between the City and VBCDC. No
changes, alterations, or amendments to this Agreement may be
made by either party without the express written consent or
acceptance of the other party.
This Agreement shall be executed in three (3)
XXI. COUNTERPARTS:
counterparts, each of which shall be deemed to be an
original Agreement. One counterpart shall be given to VBCDC
and the remaining two (2) counterparts shall be retained ,by
the City.
14
.
ADDENDUM
WHEREAS, under present insurance market conditions the
purchase of director's and officer's liability insurance is not
available.
WHEREAS, the VBCDC is continuing to search for such coverage
as identified in Section 2C of Part II of this agreement.
NOW THEREFORE, in connection with the purchase and
maintenance of directors and officers liability insurance the two
parties do mutual~y agree to waive such requirement until
coverage is available.
CITY OF VIRGINIA BEACH
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
By:
Thomas H. Muehlenbeck
City Hanager
\ ''^''-
By: c~.
Charles M.
President
c)
IV
Date:
Date:
~ (-' ~ ~.,',.,
Teste:
Ruth Hodges Smith
City Clerk
Date:
8/1/86
15
~ ,.
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
ADMINISTRATION BUDGET 1986 - 1987
I. Salaries
VBCDC Administrator
Administrative Secretary
TOTAL:
$35,000
14,000
49,000
II. Employer's Contribution (FICA)
vnCDC Administrator
Administrative Secretary
TOTAL
2,468
987
3.455
III. Travel
Out of town/air travel
Tolls and Mileage (personal car)
(300 miles per month x 12 months
x .205)
1,762
738
2,500
10,000
10,000
600
600
600
1,140
1 ,740
IV. Programmatic Implementation Activities
TOTAL:
V. Advertising
Local Media
TOTAL:
VI. Desk Top Supplies
Supplies, printing, postage
Telephones (2)
TOTAL:
VII. Office Equipment
Typewriter Maintenance 43
TOTAL:
43
VIII.lnsurance
Health Care Employer's Contribution 1,440
($60 per month x 2 employees x 12
months)
Employees - Workmen's Compensation 15,000
and Comprehensive General Liability.
Directors - Fidelity Bond. general and
Professional Liability. Directors and
Officers Liability (or Business Owners
Policy).
TOTAL:
16 ,440
, IX.
Legal/Accounting
TOTAL:
2,000
2.000
TOTAL BUDGET
85,778
16
I, I
I:TO J ect.
Revi~r
rate
Review of Records
Financial Records
1. Co the accounting recorns adequately identify the use of block
grant fun(ls (e.g., are expemitures identifi~ acccrrUng to
eligihle activity categories under the COBG Progr~~)?
2. I:bes the subrecipient record enCUTbrances or ohligatioos against
COBG funds when contracts are executen, purchase orders issued,
etc?
3. Are accounting records sUFfCrt~ by source dc::x:'ll'mntation (e.g.,
invoices, contracts, purchase orners)?
4. roes the financial data sarcpled reconcile with thl:! reFOrts
provided the grantee?
5. roes a sFOt check of records reveal any obvious instances where
the follONing expenditures were rot necessary or rea.scnable for
proper and efficient administration of the program?
a. salaries and related costs
b. administrati ve services, contracts
c. travel experrlitures
d. other administrative costs
6. Has the subrecipient requested dra'tl.do...ns fran the letter of
credi t in excess of inmediate needs, or for the Rental
Rehabilitation Program, folla,...ed the proper pI"'OCedures as
outlined in the Cash and Managarent Infomation system?
7. Where there is program incane:
a. Are there revenue accounts to record it?
b. Is there a procedure to insure all program inCCJ':le is
recorded on the revenue account?
c. Is all program incane being used according to t.'1e tenns of
the agreerrent with the arantee?
d. Is prorrram incane being useO hefore qrant funds are
requested?
8. What is the latest nate of the subrecipient audit?
a. Me all outstarxting audit findings resolved?
b. If. the su0red,pient is a ~vernrrent.al entity, noes the
audit CO'Tply with 01R Circular A-128?
c. r f the subrecipient is a non-prof it entity, does the aLrli t
canply with a1B Circular A-lID, Attachrrent F?
Recordkeeping
9. Are the recordkeeping requirerrents of the pro;rarn being met by
the subrecipient?
a. incane verification of beneficiaries, if aFPlicable
b. data showing minority, sex, hamicafPed status of
beneficiaries
c. progress
d. payrolls
e. procurerrent
10. If jobs were to be created or retaine9 by this project, do the
records sh<::Jr.N \oohat kind of jobs ~re created/reuUned and 'ho,..r
nany?
11. If the subrecipient reha.~ rental housing using block grant
funds, do the records sh::lw that the rent plus utilities followi.119
rehab ......ere affordable to low and rrcderate incare tenants?
12. If the subrecipient rehabed housing under the Rental
Pehabilitation Program, do the records ShCM that the rent is at
or below ei t..'1er fair market rent or the payment standard for
housing vouchers?
Project
P~"ie'Ner
Date
Peview of lnan/Gran~ Fil~~
If the suhrecipient is provioing loans or qrants to businesses or
innivi~unls, review a ~le of the case files.
1. Is there evidence of an aFPlication for assistance which
adequately
a. ~escribes the purp::>se of the loan/grant
h. gives details on the financial comition of the rorrc:1Ner
c. provides cost estirrates
2. Have loan requests been adequately underwritten?
3. Where a loan has been a~roved, has the rorro.r.wer executed a
note or ot."er ohligation evidencing the debt'?
4. Are loans adequately secured?
5. Where loans are secured by rrortqage, have rrortgages been
prcnptly recorded'?
6. Are notes and related collateral adequately safeguarded
(e.g. in a safety dep:>sit box or otner fireprcof, locked
container)?
7. I:k:l the project and the borr~ meet the criteria for assistance
under the proaram?
8. I:k:l the subrecipi ent 's l:x::cks indicate whether repa}TneI1ts are on
sche<:ule?
a. I~ a rorro,..oe~ is delinquE'nt, what efforts have 'been T!'8ce
to collect overdue payments?
tI. r.t:es t}-Ie write-off of an uncoJ1ectible note require prior
authorization by a responsible official?
9. Is there any evi~ence of conflict of interest?
Interview a sarrple numl"1er of horrowers and visit the project~
on-site.
Manaaerrent of Snhrecipients
l' Ine>ntify stnff'oI"9anizaticn res]Xlnsit-Je for. rranac".:!"'ent anc
supervision of su~rpcipients
2) Estat-l ish mechanism for trai nin<:J' subrP.C'ipients on hC?N to meet
c;rrantee anci Fe<iera 1 reoqui rE>r.le11t$
3' ~termine p:'llicy on payment of grant ft1n~s to subrecipients,
verification of expenditures, recordkeepinq ~ use of prograM
inCCTle
4) Estal"llish reJXlrtina and data collection systems
a . progress
b. financial
c. benefici aries - incane, mineri ty, SP.X, handica:cr:ed status
5) Establish recordkeef)ina procedures for grantee and sUf\recipients
f\) Establish audit procedures
7) Establish contractual agree!"ents wi. th subrecipients
a. determine stanc!ard contents of contract induCing specific
requir~nts of the block qrant prograM
l=l) tetermine rroni tori.ng procedures
a. Cevelop rroni torina strateqy
1 ) detennine ~ich subrecipients shouJ d be rroni tored, how
often, and in \orhich areas.
b. nevelop rroni toring scneeule
c. revelop interview foms I fOrT!"ats and requirerre~ts for
dOC1.rlentation of visit
ci. Fstahlis;, lTlE"tho:! to track findi.nos until rl!solveC
t
e. neve) op moni torinc file system
?) ~velC"lp a ~tE'!"'! for assessina ef~ecti.vE>ness of suhrecipient
and tile acti vi ty
r1
Subrecipient Interview Form
Intervi~
!ate
Project Name ana I.Dcation
Startin<;f and Ei1<iiI'l<;f rates of Project
Fran:
To :
Type of Project
N;m-.e/Title of Person Intervi~
1. Cescribe in measurable terms the anticipaterl goals of this
project.
Prop:lSed Scope of Service I ~b. of People to be Served I Tirre Pericd
2. What are the actual measurable accarplish1'rents of this project
to date?
Scope of Service/No. of People ServedlTirre Pericd
3. Is the project providing the full scope of services delineaterl
in the contract? If not, why not?
4. Is ~e project serving tne projecteri number of people? If not,
why not?
5. Who is j'C'ur interred client grC"lUp? Are you servina that group?
If the projer.t is not reaching tl,P. inteI'l<1ed client group, ....t1y
not?
i I I
6. If this project has been designate<'l as a low/m::x:3erate hene~it
project, what are the nLJTber ana percentaae of persons served
hy the project that are lo.."er inccrne?
7. Is the ,project on schec'3ule? If not, Why not?
8. Is the project operating within the awrove<'l hlrlget?
9. I:bes the project confonn to any aMitional tenns of the contract
with the grantee? If not, Why have these changes occurred?
10. If errployees \It,Ork on 00th CDOO eligible ann oon-<:DBG activities,
are appropriate tiIre distribution records being kept?
11. Has your agency contracted out any of the \It,Ork to be dcne under
this project?
a. If yes, Who is the contractor( s)?
b. If the permission of the grantee was required, was it
grante<'!?
12. What procedure does the subrecipient use for procurE!lTe!lt?
Is it consistent with Attachrrent 0 of Circular!; A-102
(governrrental entities) or A-110 (non-profit entities)?
13. If the agency is required to maintain a client file, does it
exist? If yes, review a sanple of files if aFpropriate ann
retain narres and phcne nl.JTlbers for future fo11(~up.
14. Has the agency su!::mi tten all rep:>rts required by the arantee?
Were they suhni. tte<'l on time? Were the reports CO'T'plete and
accurate?
15. Is the information revealed by a site visit consistent with the
records It'aintained by the agency and with data previously
provided to the grantee?
...,~
II; I
3
16. Is the project manager (perSOf"l responsible for carrying out
the pro~ect) fami.liar wi th the hasi c requi rerrents establish~
by ~!J) ann the grantee for use of these f\.1l'1rls?
17. Is the project manager locate'! on-site an~ running the
day-to-day operation of the prooram?
~
18. Is the project accarplishing \rrhat it was desianed to do?
- 35 -
Item II-H.2.
ORDINANCES
ITEM # 26026
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 38-3 of the
Code of the City of Virginia Beach, pertaining to
discharge of firearms, air guns, etc.
This Ordinance shall be returned to City Council on September 29, 1986 for
AMENDMENT concerning the size of the property and redefine section (d) in
relation to the large parcel.
This Ordinance shall not be EFFECTIVE until September 30, 1986.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
il. I
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-3 OF CITY CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DISCHARGE OF
FIREARMS, AIR GUNS, ETC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 38-3 of the Code of the city of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
(a) It shall be unlawful for any person to discharge
any firearm, spring-propelled rifle or pistol or air-propelled
rifle or pistol, from or across any land or water north or west
of the trace of the line beginning at the intersection of Ei~ew
North Landing Road and the Chesapeake-Virginia
Beach city
boundary line; thence ~er~fteas~waraiy northwardly along Ei~ew
North Landing Road to
Saiem
Indian
River
Road; thence
se~~fteas~waraiy eastwardly along Saiem Indian River Road to Ner~ft
na~as~ew~ New Bridge Road; thence northeastwardly along na~as~ew~
New Bridge
Road to Pr~~eess--A~~e Sandbridge Road, ~fte~ee
se~~fteas~wara%y-aie~~--Pr~~eess--A~~e--Reaa--~e--Sa~a~r~a~e-Reaa;
thence eastwardly along Sandbridge Road to its intersection with
the Atlantic Ocean, exee~~-~fta~ or across any land north of False
Cape State Park and east of Shipps Bay and Point Creek. This
prohibition shall not apply to shotguns discharging pellets under
the following conditions:
(1) On land that is fifty (50 ) acres or more of contiguous
area; and
(2) Under one ownership; and
(3) Used primarily for agricultural purposes; and
(4) The landowner has applied for a an annual permit from
the eft~e~--e~-~ei~ee city manager to use his property
for this purpose, which permit shall be granted by the
eft~e~-e~-~ei~ee city manager if the applicant meets the
requirements of this section; and
III I I
(5) The person discharging a shotgun as herein set forth
shall, at all times while engaged in such activity,
have in his possession written permission from the
landowner to discharge such weapon on the premises.
~ All permits currently in existence shall expire on
September 30, 1986, and any permit issued after that
date shall expire on the next June thirtieth after the
date of issuance.
(b) Notwithstanding the provisions of subsection (a) (4) above,
no permit shall be issued to a landowner if it is determined by
the city manager or his duly authorized agent that the issuance
of such permit would be detrimental to the public safety, and any
permit that has been issued and is in effect may be revoked by
the city manager if it is determined by the city manager or his
duly authorized agent that conditions have changed since the date
of issuance of the permit that cause the continued use of the
land for the permitted purpose to be detrimental to the public
safety.
t~t 121 It shall be lawful to discharge firearms of 22-caliber
or less south of the trace line enumerated in subsection (a)
subject to the provisions of this section. It shall be unlawful
to discharge any firearms greater than 22-caliber any place
within the city.
tet ~ Notwithstanding any other provisions of this section,
it shall be unlawful for any person to discharge any firearm,
spring-propelled rifle or pistol or air-propelled rifle or pistol
from on, across or within one hundred fifty (150) yards of any
building, dwelling, street, sidewalk, alley, roadway or public
land or public place within the city limits.
tat ~ The prohibitions of this section shall not apply to the
operation of a shooting event that is sponsored by an organized
group, provided, the written approval of the chief of police as
to the safety and location of the event is obtained prior to the
event.
2
fe+ ifl Nothing in this section shall be construed to prohibit
the discharge of firearms and other weapons by law-enforcement
agencies and military forces in the city as part of authorized
training or in the performance of their duties.
f~t 19l A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 15th
day of
September
, 1986.
RMB/lmt
09/08/86
Effective September 30, 1986
3
" I
- 36 -
Item II-I.
CONSENT AGENDA
ITEM # 26027
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6 and 7 of the CONSENT
AGENDA.
Item 3 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item II-I. 1.
CONSENT AGENDA
ITEM # 26028
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing City Manager to execute a
City-State Agreement for Project 2-004 Lake Smith
Spillway Bridge.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A
CITY-STATE AGREEMENT FOR PROJECT 2-004
LAKE SMITH SPILLWAY BRIDGE
WHEREAS, in August, 1983, the City Council requested
that the Virginia Department of Highways and Transportation
program the construction of project 2-004 Lake Smith Spillway
Bridge with the city providing 5% of the project costs, and
WHEREAS, in November, 1985, City Council approved the
location and design features of the project and requested the
Virginia Department of Highways and Transportation to proceed
with advertisement for construction, and
WHEREAS, the low bid for the project is $736,727.37
with the city share of the cost at $36,836, and funding for the
city's share is available in CIP 2-004 Lake Smith Spillway
Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to enter into a city-state agreement for the
construction of project 2-004 Lake Smith Spillway Bridge. Said
agreement is hereby approved and attached as Exhibit "A".
This resolution shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on
15th
day of September
, t9-&5. 1986.
//
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION
The City of Virginia Beach, Commonwealth of Virginia, hereinafter
referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of
Highways and Transportation, hereinafter referred to as the DEPARTMEijT, hereby
agree as follows:
1. The DEPARTMENT will prosecute a project for the improve~ent of
0.032 miles of Shore Drive within Virginia Beach from Station
554+20.00 to Station 555+90.00 and designated as Route 60, Project
0060-134-104, PE101, RW201, C501, D603, replacement of bridge and
approaches at Lake Smith.
2. VIRGINIA BEACH approves the plans as designed nnd requests the
DEPARTMENT to submit the project with recommendation that it be
approved by the Highway and Transportation Boar'd and agrees that if
such project is approved and constructed by the DEPARTMENT, VIRGINIA
BEACH, thereafter, at its own expense, will maintain the project, or
have it maintained, in a manner satisfactory to the DEPARTMENT or its
~uthorized representatives and will make ample provision each year
for such maintenance.
3. VIRGINIA BEACH agrees to comply with all applicable federal, state
and local rules, regulations and statutes when 'work is performed on
this project with municipal forces or its agent at project expense.
4. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights Act
of 1964 and the Virginia Fair Employment Contracting Act, Sections
2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended.
/
5. VIRGINIA BEACH agrees that prison labor will not be used for any
purpose whatsoever on this project.
6. VIRGINIA BEACH agrees that the location, form and character of
informational, regulatory and warning signs, curb and pavement or
other markings and traffic signals, installed or placed by any public
authority, or any agency, shall be subject to the approv'l of the
DEPARTMENT.
7. VIRGINIA BEACH agrees that the location and installation of utility
poles, lighting standards, traffic signal poles or any other
facilities installed or placed within the right of way by any publiC
authority, or other agency, shall be subject to the approval of the
DEPARTMENT.
8. Parking will be prohibited at all times on both sides of this
project.
9. Where parking is prohibited, appropriate NO PARKING signs shall be
erected. The signs shall conform to the standards as shown in the
current edition of the Manual on Uniform Traffic Control Devices.
..
10. VIRGINIA BEACH agrees that after construction of the project, or any
part thereof, it will not permit any reduction in the number of or
width of traffic lanes, any additional median crossovers or
enlargement of existing median crossovers, or any alterations to
channelization islands, without the prior written approval of the
DEPARTMENT.
-2-
/
11. VIRGINIA BEACH agrees to participate in the actual cost of this
project which includes a special provision fOI" price adjustment in
accordance with the following tabulations, understanding that the
costs shown are estimated and the percentages will be applied to
actual costs:
PROJECT COST
VIRGINIA BEACH'S SHARE
ITFli ESTIMATED COST ! AMOUNT
Preliminary Engineering $ 90,000.00 5 $ ,q,500.00
Right of Way 20,000.00 5 1,000.00
Grading, Drainage, Pavement
& Incidentals 402,003.02 5 20,100.15
Water Line & Sanitary Sewer
Line Adjustment 30,339.60 5 1,516.98
Sta te Forces Construction
Signs 5,931.09 5 296.55
Triple 8'x6' Box Culvert (D603) 188,453.66 5 9,422.68
.. Total $736,727.37 $36,836.36
-3-
I i I
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of VIRGINIA BEACH on the
day of
, 19_, and
the DEPARTMENT on the
day of
, 19_
ATTEST:
CITY OF VIRGINIA ,BEACH
BY
BY
City Clerk
City Manager
NOTE: The official signing for
the municipality must attach
a certified copy of the authority
under which this agreement is
executed. This agreement is
executed in three originals.
APPROVED AS TO FORM
City Attorney
..
APPROVED AS TO CONTENTS
I). ~. ,i 1-1-1 ~
SIGNATURE
~~. AJAr, (1 )tu~
DEPARTMENT
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION
BY
Deputy Commissioner
CfllmlED AS TO AVAILABILITY Of fVf'4tJ~
-~ ~. ~_&l'!)
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- 38 -
Item II-I. 2
CONSENT AGENDA
ITEM # 26029
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution to proclaim September 17, 1987 as
Constitution Day and announce the intention of
Council to appoint a committee to plan acti vi ties
in celebration of that day and other appropriate
days relating thereto.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION TO PROCLAIM SEPTEMBER
17, 1987 AS CONSTITUTION DAY AND
ANNOUNCE THE INTENTION OF COUNCIL
TO APPOINT A COMMITTEE TO PLAN
ACTIVITIES IN CELEBRATION OF THAT
DAY AND OTHER APPROPRIATE DAYS
RELATING THERETO.
WHEREAS, 17 September 1987 is the 200th Anniversary of
the signing of the United States Constitution; and
WHEREAS, the Constitution, as ratified, embodies the
ideals of liberty under law and was designed to maintain our free
government in perpetuity as a more perfect union and to secure
the blessings of liberty by consent of the governed; and
WHEREAS, few governments in the world have been able to
provide liberty and stability to their citizens under a written
constitution for more than a generation; and
WHEREAS, the laws adopted under this charter of freedom
and the attractive way of life resulting have drawn to our shores
citizens from every corner of the world, and provide impressive
evidence of the enlightened vision and the wisdom of the drafters
of the Constitution; and
WHEREAS, the Bicentennial offers the opportunity for
the American people to rededicate themselves to the great
principles that have formed the basis for our national strength
and prosperity; and
WHEREAS, it is timely and appropriate for us to keep in
our hearts
and minds
the marvelous
achievements of the
Constitutional Convention
in
1787
and
to
preserve the
Constitutional Republic and the high ideals of our Founding
Fathers:
NOW, THEREFORE, be it resolved by the Council of the
City of Virginia Beach that the 17th day of September 1987 is
proclaimed to be United States Constitution Day and hereby
announce the
intent of Council to appoint a non-partisan
,I,
committee to plan proper and appealing activities and programs by
which all our citizens can participate in celebrating and
commemorating Constitution Day and other dates
and events
relating thereto.
Adopted
thi s 1.5.tt.L
day
of
September
, 1986 by the
Council of the City of Virginia Beach.
NEW/tap
(bicen.res)
2
- 39 -
Item 11-1.3
CONSENT AGENDA
ITEM # 26030
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
WITHDREW FROM THE AGENDA AND STRUCK FROM THE RECORD:
Ordinance to AMEND and REORDAIN Chapter 2, Article
II, of the Code of the City of Virginia Beach, by
adding Section 2-38.l pertaining to reconsideration
of vote.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
John D. Moss* and Nancy K. Parker*
Council Members Absent:
None
*Verbal Nay
- 40 -
Item II-I.4
CONSENT AGENDA
ITEM # 26031
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer appropriations and to
establish new capital projects for design of water
lines for certain areas with Fifty-One Percent
property owner participation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
c~~+~_~~_ 1C 100L
,AN ORDINANCE TO TRANSFER
APPROPRIATIONS AND TO ESTABLISH
NEW CAPITAL PRWECTS FOR DESIGN
OF WATER LINES FOR CERTAIN
AREAS WITH FlFTy-oNE PERCENT
PROPERTY <MNER PARTICIPATION
WHEREA~, in accordance with the Council Resolution of February lO,
1986, areas served by wells that have attained the required fifty-one percent
property owner participation are to be provided water service, and
WHEREAS, the Director of Public Utili ties has provided
recoomendations to the City Council regarding the construction of water mains
to l7 neighborhoods, and
W~S, the recommendations presented to the City Council are:
*Design and build water projects as soon as possible:
1. Kempsville Colony
5. bouthern Points
2. Trantwood Shores
6. Wooclhurst
~. Wolfsnare Plantation
7. Larkspur
4. Great Neck Estates
*Build water projects as soon as possible using Public Utilities
personnel:
8. Garden Drive
1~. Gloucester Lane
9. Wolf snare Point
l3. Shipps Corner Road
lO. Cedar Point Road
l4. Wellington Court
ll. Culver Lane-Ashmore Dr.
*Design and build water and sewer in coordination'with CIP sewer
projects:
15. Lakeview Park
17. Lakeside Drive - Poplar pt,
16. Great Neck Point
and
WHEREAS, in order to proceed, it is necessary to provide $661,500 in
appropriations to initiate design contracts, and
WHEREAS, the funds required may be provided by the transfer of
appropriations fran project #5-304 Small Line Improvements and project #5-306
Water Bequest and Agreanents ill the amouuts of $196,500 aud $465,000,
respectively.
II, I
NOW, THEREFORE, BE rr ORDAINED BY THE COUNCIL 01" THE CITY OF VIRGINIA
BEACH that water utility capital projects are, hereby, created for Kernspville
Colony, Trantwood Shores, Wolfsnare Plantation, Great Neck Estates, Southern
Points, Woodhurst, and Larkspur.
AND Bb IT FURTHER ORDAINED that appropriations in the amotIDt of
$66l,500 design costs are, hereby, transferred to these projects from project
$5-;J04 Small Line Improvements and project #5-306 Water Request and Agreenents
in the amounts of $196,500 and $465,000 respectively.
AND Bb IT FURTHER ORDAINED THAT, the Ci ty staff is authorized to
implement the recommendations in the above whereas clauses, by inclUding the
projects in the FY B7-91 Capital Improvement Program.
This ordinance shall be effective from the date of its adoption.
Adopted by the CotIDcil of the City of Virginia Beach on the 15th
day of September 1986.
City o:f Virgi:rl.ia Beach.
OFFICE OF THE CITY MANAGER
(104) 427-4242
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA ~2
August 22, 1986
The Honorable Mayor
Members of the City Council
Municipal Center
Virginia Beach, VA 23456
,. ,
Dear Council Members:
Attached for your review is a recommendation that I have
received from the Director of Utilities regarding the design and
construction of water mains in n~ighborhoods that reached the
required participation level of 51%.
At this time, the City staff proposes to submit for Council
consideration on September 8 an agenda request to authorize the
staff to implement the r~commendation.
Sincerely,
Thomas~~~
Ci ty Manager It"
dsc
Attachment
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City of' Virgi:C1ia Beach
DEPARTMENT OF PUBL.IC UTIL.ITI ES
MUNICIPAL. CENTER
VIRGINIA BEACH, VIRGINIA 23456-toOZ
DATE: August 22, 1986
SUBJECT:
Thomas H. Muehlenbeck DEPARTMENT:
Aubrey V. Watts, Jr.O~ DEPARTMENT:
Clarence Warnstaff~~ DEPARTMENT:
Neighborhood Water Projects
Executive
TO:
THaD:
FROM:
Executive
Public Utilities
We offer the following recommendations for providing water
service to the 51 neighborhoods that have reached the-51$
required participation level. Attachment 1 to thts memorandum
identifies the neighborhoods that reached the required 51$
participation level prior to June 30, 1986 and "locked-in" the
water resource recovery fee at $32 per DFU. As noted in
Attachment 1, the estimated cost to provide service is
approximately $20 million (in 1986 dollars). The recommendations
were formulated using the following criteria:
1. Approximately $6 million is available to be appropriated
from the water and sewer fund for water projects.
2. There is a definite need to go forward with specific
action on n~ighborhood projects.
3. Certain projects are identified in the FY 85-86 ClP.
4. Certain projects can be built using Public Utilities
personnel and equipment.
5. Certain projects do not require coordination with a
sanitary sewer project.
6. Certain projects should be coordinated and completed
along with sanitary sewer projects already scheduled in
the elP.
7. Neighborhoods in the Great Neck area appear to have
experienced the greatest number of groundwater problems.
8. Additional information is needed to establish priorities
tor design and constructioD for most of the neighborhood
projects.
I I
August 22, 1986
Aubrey V. Watts, Jr.
Page 2
Subject: Neighborhood Water Projects
The recommendations are:
A. Appropriate $6 million for neighborhood water projects in
the near future.
Approximately $800,000 of authorized appropriat10ns is
currently available for neighborhood water projects;
also, approximately $6 million is available from the
Water and Sewer Fund. These funds provide an opportunity
to begin the program at this time pending the .
availability of additional funding.
B. Design and build the following projects as soon as
possible:
Project
1. Kempsville Colony
2. Trantwood Shores
3. Wolfsnare,Plantation
4. Great Neck Estates
5. Southern Points
6. Woodhurst
7. Larkspur
Number of Lots
Estimated
Water
Cost
41
100
203
151
297
. 65
354
$ 215,000
$ 505,000
$ 630,000
$ 487,000
$1,270,000
$ 183,000
$1,120,000
1,211
$4,410,000
It is recommended that we proceed with design and
construction for these seven projects as soon as possible.
Three of these seven projects (Kempsville Colony, Trantwood
Shores, and Wolfsnare Plantation) are identified in the
current capital improvement program budget. These
neighborhoods were included in the current CIP in
anticipation that they would achieve the previously required
75$ participation level during FY 85-86. These neighborhoods
have had active petition projects for many years and all
three neighborhoods have sanitary sewer service available.
Three neighborhoods included above (Great Neck Estates,
Southern Points, and Woodhurst) have sanitary sewer service
available and are located in the Great Neck area.
The Larkspur neighborhood is included because it is located
in close proximity to Mt. Trashmore. The findings and
II, I
Au~ust 22, 1986
Aubrey V. Watts, Jr.
Pag~ 3
Subj~ct: Neighborhood Water Projects
recommendations of Black & Veatch Engineers in February 1984
state that water quality analyses from domestic wells in
Larkspur do not indicate any evidenc~ of contamination. The
report stated that some water quality degradation south of
Lake Trashmore is likely attributable to sources other than
the landfill. While we have no data indicating there are any
probl~ms with the groundwater being us~d by the Larkspur
residents, the presence of commercial devl3lopment and the
landfill prudently suggest this project be included in the
first group of neighborhood projects to be constructed.
A portion of the Larkspur neighborhood does not have City
sewer service; of the 354 lots to be provided water service,
108 lots do not have sewer service. The estimated cost to
provide sanitary sewer service to Larkspur is $1.2.million.
This estimatdd cost includes sew~r service to 1~4 lots.
Funding for providing sanitary sewer service to Larkspur will
need to b~ provided (this sewer funding is over and above toe
$6.6M required for the water projects recommended in this
memo) if water and sewer construction is to be coordinated.
A sanitary sewer petition project is currently being
conducted by Larkspur residents; thirty-four percent
participation has been achieved to date.
C. Design and build in coordination with the sanitary sewer
projects in the elP schedule:
Estimated
Cost (Water)
Project
Number of Lots
1. Lakevi~w P~rk (CIP 6-932)
2. Great Neck Point (CIP 6-942)
3. Lakeside Drive-Poplar Pt Rd
(CIP 6-952)
200
125
42
$1,10U,000
$ 730,000
~ 127,000
367
~1,957,000
It is recommended that we proceed with both design and
construction of these three proj~cts (Lakevi~w Park, Great Neck
Point, and LakeSide-Popular Drive) because these three
n~ighborhoods are currently included in the CIP program for the
construction of sanitary sewer mains.
Lakeview Park is now being designed (for sanitary sewer) and is
schedul~d for construction in 1987. Great Neck Point is
scheduled for design in FY 87/88 and construction in FY
88/89. Lakeside Drive/Poplar Point Road is scheduled for
design in FY 86/87 and construction in FY 87/~8.
&.';
III I
August 22, 1986
Aubrey V. Watts, Jr.
Pag~ 4
Subject: Neighborhood Water Projects
D. Build the following projects as soon as. possible using
Public Utilities personnel and equipment:
Estimated
Project Number of Lots Cost
1- Garden Dr. 9 $ 40,000
2. Wolfsnare Rd. 9 $ 32,000
3. Cedar Point Rd 6 $ 19,000
4. Culver Lane-Ashmore Dr. 16 ,$ 39,000
5. Gloucester Lane 10 $ 44,000
6. Shipps Corner Rd 6 $ 26,000
7. Wellington Ct 4 $ 12,000
60 .$212.000
It is recommended that we go forward with the construction of
these seven projects using Public Utilities personnel and
equipment. These projects are expected to take approximately
one month each for construction and cost less than $50,000
each. The amount of water mains necessary would be less than
1,000 feet for each project. The construction of these seven
projects using Public Utilities personnel would not have an
adverse impact upon operations or scheduled ma1ntenance. The
costs associated with these seven projects would b~ cuarged to
elP funds and not the Uepartwent's operating budget.
E. For the remaining 34 neighborhood projects, additional
information is needed to establish priorities for design
and construction. Information that is needed is as
follows:
1. Level of neighborhood interest in desiring water
service.
2. Accurate and complete data on the frequency and type of
"well failures".
3. Accurate and complete data on "gr'oundwater quality".
Public Utilities is providing to the neighborhood civic
leagues a questionnaire that will provide additional
informa tion to assist in establishinit priori ties. This
informa.tion will be compiled and revtewed over the next
several months; at that time we will be in a. better
II I
August 22, 1986
Aubrey V. Watts, Jr.
Page 5
Subject: Neighborhood Water Projects
position to recommend priorities based on additional
information and in cooperation with the Budget Office,
recommend options available for financing the remaining
projects.
Summary
The recommendations above provide:
*Design and build water projects as soon as possibte:
Kempsville Colony
Trantwood Shores
Wolfsnare Plantation
Great Neck Estates
Southern Points
Woodhurst
Larkspur (may also includ~ sewer; sewer petitions being
circulated by residents)
I
*Design and build water and sew~r in coordination with elP
sewer projects:
Lakeview Pa.rk
Great Neck Point
Lakeside Drive-Poplar Point
*Build water projects as soon as possible using Public
Utilities personnel:
Garden Drive
Wolfsnare Road
Cedar Point Road
Culver Lane-Ashmore Drive
Gloucester Lane
Shipps Corner Road
Wellington Court
*The estimated cost for design and constru.ction of water mains
for the 17 projects is $6.6 million.
*Recommendations will be forthcoming rega.rding design and
construction of the remaining 34 projects as the required
additional information is developed.
dsc
.'
WATER SERVICE REQUESTS (CIP 5-306)
COST ESTIMATE (1986 DOLLARS)
Project Name
'Alanton
'Alfriend's Trail
Avalon Terrace
'Be Us Road
Bellamy Manor (All)
'Calverton Lane
'Cedar Point Rd. - B. Colony
'Colony Or./Harpers Rd.
'Culver Lane/Ashmore Dr.
'Dwyer Road
Garden Drive
*Gloucester Lane - (Alanton)
Great Neck Estates
*Great Neck Point
*Green Hill Farms
'Holland Rd. (C. Forest)
Kempsville Colony
Lagornar
Lake Shores
'Lakeside Or./Poplar Pt. Rd.
'Lakeview Park
Lakeville Estates
'Larkspur
'Linkhorn Estates
'Little Haven
'Lynndale Estates
'Lynnhaven Acres
IOld Great Neck Rd.
IReon Drive
IRiver Road
'Robbins Corner
'Salem Road - 'A'
ISea Breeze Farms
Sherry Park
Sherry Park East
IShipps Corner Road
IShorehaven
'South Kentucky Ave.
Southern Points
Stewart Drive
'Stumpy Lake/Stumpy Lake Lane
Trantwood Shores
Thoroughgood
Weaverville
-Wellington Ct. (Alanton)
-Witchduck Point
'Witchduck Road
Wolfsnare Plantation
Wolfsnare Road
Woodhurst
*Woodland
# Lots
Cost
Little Neck
423 $ 1,910,000
26 93,000
105 430,000
38 115,000
114 402,000
5 74,000
6 19,000
16 120,000
16 39,000
12 68,000
9 40,000
10 44,000
151 487,000
125 730,000
14 69,000
14 149,000
41 215,000
203 875,000
175 750,000
42 127,000
200 1,100,000
Served by Private Water Company
354 1,120,000
93 365,000
70 260,000
33 162,000
76 390,000
8 57,000
45 243,000
64 305,000
30 136,000
60 371,000
600 2,730,000 2,730,000
Served by Private Water Company
Served by Private Water Company
6 26,000
84 428,000
7 63,000
297 1,270,000
30 95,000
100 1,670,000
100 505,000
30 149,000
28 137,000
4 12,000
116 503,000
13 55,000
203 630,000
9 32,000
65 183,000
152 376,000
,....
.\
260 ,000
162,000
390,000
Great Neck
$ 1,910,000
44,000
487,000
730,000
69,000
127,000
365 ,000
57,000
305,000
428,000
1,270,000
505,000
12,000
630,000
32,000
183,000
4,422 Lots $20,129,000 $ 3,542,000 $ 7,154,000
Totals
, City sewer service generally not available in this area.
:S:'T)(/'
- 41 -
Item II-I. 5.
CONSENT AGENDA
ITEM # 26032
Upon motion by Councihvoman Henley, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of City property utilized for
drainage canal to west branch of Lynnhaven River to
Manny Arias and Nancy H. Arias.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
,I,
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CITY
PROPERTY UTILIZED FOR DRAINAGE CANAL
TO W. BRANCH OF LYNNHAVEN RIVER TO
MANNY ARIAS AND NANCY H. ARIAS, HUSBAND
AND WIFE, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Manny Arias and Nancy H. Arias, husband and wife,
their assigns and successors in title are authorized to construct
and maintain a temporary encroachment into City property utilized
for drainage canal to W. Branch of Lynnhaven River.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a future boatlift
and that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
City property utilized for drainage canal
to W. Branch of Lynnhaven River, on the
certain plat entitled: "PROPOSED WOOD
DOCK & HOIST IN DRAINAGE CANAL TO W.
BRANCH OF LYNNHAVEN RIVER VIRGINIA BEACH,
VA.," and prepared by Gallup Surveyors &
Engineers, Ltd. a copy of which is on
file in the Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Manny Arias and Nancy H. Arias, husband and
wife, their heirs, assigns and successors in title and that
within thirty 30 days after such notice is given, said
encroachment shall be removed from City property utilized for
drainage and that Manny Arias and Nancy H. Arias, husband and
wife, their heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Manny Arias, and Nancy H. Arias, husband and
wife, their assigns and successors in title shall indemnify and
hold harmless the City of Virginia Beach, its agents and
employees from and against all claims, damages, losses, and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Manny Arias and Nancy Arias,
husband and wife, execute an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on the ~ day of
SeptQmber
, 1986-.
CLL/rab
5/23/86
(29D)
APPROVED AS TO CO~~Tcl-rIS
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325 First Colonial Road
VIRGINIA BEACH, VIRGINIA 23454
Phone 428-8132
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- 42 -
Item II-I. 6
CONSENT AGENDA
ITEM # 26033
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the Right-of-Way of Salem Road to
Salem United Methodist Church.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-
of-way.
6. No open cut of the public roadway shall be allowed
except under extreme circumstances; such exceptions
shall be submitted to the Highway Division for
final appoval.
7. An engineer's estimate must be submitted to the
Public Works/Business Office and approved prior to
issuance of a highway permit.
8. The contractor must show proof of $300,000
(minimum) liability insurance (Certificate of
Insurance) when applying for his permit.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
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AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF SALEM ROAD TO SALEM
UNITED METHODIST CHURCH, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Salem United Methodist Church, its assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into a portion of the City's right-of-way
of S a I e m Ro ad.
That the temporary encroachment herein authorized is
for the purpose of a private sanitary sewer force main to serve
the church at 2057 Salem Road and that said encroachment shall be
constructed in accordance with the City of Virginia Beach Public
Works Department's specifications as to sizet alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Salem
Road, as shown on that certain plat
entitled: "ENCROACHMENT PLAT OF 1 1/4"
PVC FORCE MAIN FOR SALEM UNITED METHODIST
CHURCH KEMPSVILLE BOROUGH VIRGINIA BEACH,
VA.," a copy of which is on file in the
Virginia Beach Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Salem United Methodist Church,
its assigns and successors in title and within thirty (30) days
after such notice is given, said encroachment shall be removed
from the City's right-of-way of Salem Road by the United
Methodist Church and that the United Methodist Church, its
assigns and successors shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER. that it is expressly understood
and agreed that the Salem United Methodist Church, its assigns
and successors in title shall indemnify, hold harmless, and
defend the City of Virginia Beach, its agents and employees from
and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Salem United Methodist Church executes
an agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 15th day of
September
. 1 9 86 .
CLL/rab
7/8/86
(CLL.2)
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GRINDER
PUMP STATION
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560'-1 1/411 FORCE
MAIN
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ENCROACHMENT
AREA
Salem Church
(M.B. 101 PQ. 3211)
SALEM RD. (VAR. R/W)
RIGHT OF WAY
DEDICATION
TIE INTO EXIST.
MANHOLE
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ENCROACHMENT PLAT
OF
11/4" PVC FORCE MAIN
FOR
SALEM UNITED METHODIST CHURCH
KEMPSVLLE BOROUGH
VIRGINIA BEACH, VA.
ZONED: R-5
MILLER. SfEPHENSON & ASSOCIATES. ec.
ENGINEERS, SURVEYORS & PLANNERS
204 GRAYSON ROAD, VIRGINIA BEACH, VIRGINIA 23462
(804) 490-9264
DATE: 5-16-86 SCALE: ,II =Iod OWN. BY: L OJ MAP BOOK
PG.
N.'>6676
J079
- 43 -
Item II-I. 7
CONSENT AGENDA
ITEM # 26034
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council APPROVED:
RAFFLE PERMIT: Kiwanis Club of Lynnhaven
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
~~n+~mh~~ 1~_ 1QRh
- 44 -
Item II-J.1.
APPOINTMENT
ITEM # 26035
Mayor Jones ANNOUNCED APPOINTMENTS to the SCHOOL SITE SELECTION COMMITTEE:
Councilman John A. Baum
Councilman Albert W. Balko
c__+__~~_ 1~ 1noL
- 45 -
Item II-K. 1 .
UNFINISHED BUSINESS
ITEM # 26036
ADD-ON
Vice Mayor Oberndorf expressed appreciation and compliments to Thomas
Muehlenbeck, the City Manger; Pamela Lingle, Director of Public Information;
and, the entire staff concerning the dedication of the Scenic Waterway at
Munden Point Park.
(""I ~ _..L ~,_ _ ... /"" ... An/
- 46 -
Item II-K.2.
UNFINISHED BUSINESS
ITEM # 26037
ADD-ON
Mrs. Cassandra Barnes expressed appreciation to John Herzke and his staff for
maintaining the Mayflower Seaside Light.
- 47 -
Item II-M.1
RECESS INTO
EXECUTIVE SESSION
ITEM # 26038
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Moss, seconded by Councilwoman Parker, City Council
RECESSED into EXECUTIVE SESSION for discussion of Legal Matters, after which to
adjourn (7:35 P.M.)
3. LEGAL MATTERS: Consultation with legal counselor
briefings by staff members, consultants or
attorneys, pertaining to actual or potential
litigation, or other legal matters within the
jurisdiction of the public body.
Voting:
11-0*
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
"__L__L___ ~r ~nn/
- 48 -
Item II-N. 1
ADJOURNMENT
ITEM # 26039
Upon motion by Councilman Baum and BY ACCLAMATION City Council ADJOURNED the
Meeting at 8:10 P.M.
~o. e?~'
Chief Deputy City Clerk
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uth Hodges Smith, CMC
City Clerk
City of Virginia Beach
Virginia