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OCTOBER 20, 1986 I, II City CJf~ Vi1~gi1.ia E3eE_~cl~ "WORLD'S LARGEST RESORT CITY" (:ITY COUNCIL .\fA YOR ROBERT G. JONES, At Large VICE MAYOR MEYERA E. OBERNDORF, At Large .~LBERT W BALKO, Lynnhaven Barough JOHN A. BAUM, Blackwater Barough ROBERT E. FENTRESS, VirginIa Beach Barough HAROLD HEISCHOBER, At Large B4RBARA M. HENLEY, Pungo Barough I<EBA S. McCLANAN, Princess Anne Barough JOHN D MOSS, Kempsville Barough ."-ANCY K. PARKER, At Large JOHN L. PERRY, BaYSlde Barough RUTH HODGES SMITH, CMC, City Clerk CITY COUNCIL AGENDA 281 CITY HALL BUlWING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 18041427-4303 October 20, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room - 11:30 AM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFING 1. State Allocation of Highway Projects Mr. C. Oral Lambert, Jr., Director of Public Works E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers 2:00 PM A. INVOCATION: Reverend Wallace o. Odum, Jr. First Assembly of God 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 i I il E . MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: October 13. 1986 F. PLANNING 1. Ordinance for the discontinuance, portion of Baltic Avenue in the (Virginia Beach Borough). closure and petition of abandonment William L. of a Freed DEFERRED by City Council on October 6, 1986. Recommendation: FINAL APPROVAL 2. Ordinance for the discontinuance, closure and abandonment of a portion of Branksome Drive in the petition of PS Associates II, Ltd. (Kempsville Borough). DEFERRED by City Council on April l4, 1986. Recommendation: DEFERRAL for 60 days to allow for resubdivision plat review 3. Ordinance for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road in the petition of Maureen Mottolese (Lynnhaven Borough). DEFERRED by City Council on June 16, 1986. Recommendation: DEFERRAL or DENIAL 4. Applications of Ernest L. & Phyllis A. Hudson for Changes of Zoning (Bayside Borough): a. From B-3 Central-Business District to I-I Light Industrial District on the following parcels: Parcel 1; Located 150 feet south of Cleveland Street beginning at a point 250 feet east of Opal Avenue; Parcel 2: Located on the north side of Southern Boulevard beginning at a point 380 feet east of Opal Avenue. Said parcels contain 6.283 acres (Bayside Borough). AND, b. From B-3 Central-Business District to B-2 Community-Business District on property located on the south side of Cleveland Street, 250 feet east of Opal Avenue, containing 3.099 acres. Recommendation: APPROVAL 5. Application of J. B. Fay, Jr. for a Change of Zoning from R-3 Residential District to R-5 Residential District on property located at the northeast and northwest corners of Jack Frost Road and Northampton Boulevard, containing 6.4 acres (Bayside Borough). Recommendation: NONE DUE TO TIE VOTE I II 6. Application of Midas Realty Corporation on property located at the northeast corner of Holland Road and Hayes Avenue on Lots 1-5 and ll-15, Block 3, Pecan Gardens, containing 25,265 square feet (Princess Anne Borough): a. For a Change of Zoning from A-I Apartment District to B-2 Community-Business.. AND, b. For a Conditional Use Permit for an automotive repair facility. DEFERRED by City Council on August 18, 1986. Recommendation: DENIAL 7. Applications of Motor City Associates: a. For a Conditional Use Permit for automobile repair, sales, parts and service on property located at the northeast corner of Virginia Beach Boulevard and N. Witchduck Road, containing 8.4 acres (Bayside Borough). AND, b. For the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue and Jeanne Street (Bays ide Borough) as follows: Pennsylvania Avenue: Beginning at the northern boundary of Jeanne Street and running in a northerly direction a distance of 50 feet and is 50 feet in width. Jeanne Street: Beginning at the eastern boundary of N. Witcnduck Road and running in an easterly direction a distance of 309 feet more or less and is variable in width from 80.83 feet to 60 feet. Said parcels contain 23,503 square feet more or less. Recommendation: APPROVAL G. RESOLUTIONS 1 . INDUSTRIAL DEVELOPMENT REVENUE BONDS: a. Resolutions approving the issuance of Industrial Development Revenue Bonds: 1. Virginia Tissue Bank $ 700,000 2. Haynes Furniture Company, Inc. $6,630,000 3. Haynes Furniture Company, Inc. $1,470,000 (Refunding) 4. A & D Associates (Ralph J. Doudera) $ 590,000 (Refunding) 2. Resolution to approve the amended Bylaws of the Virginia Beach Community Development Corporation regarding the Conflict of Interest provision contained within. I I II H. 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. Ordinances to AMEND and REORDAIN/ or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM STATEWIDE BUILDING CODE: a. AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the Department of Permits and Inspections; b. REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94, 8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132 and 8-133 - Board of Building Code Appeals; c. M-1END and REORDAIN Section 8-26 - Uniform Statewide Building Code; d. AMEND and REORDAIN Section 8-27 - Violations of the Uniform Statewide Building Code; e. AMEND and REORDAIN Section 8-28 - Penalties for Violation of the Uniform Statewide Building Code; f. AMEND and REORDAIN Section 8-69 - Board of Building Code Appeals; g. AMEND and REORDAIN Section 8-70 - Qualifications of Members of the Board of Building Code Appeals; h. AMEND and REORDAIN Section 8-71 - Removal of Members of the Board of Building Code Appeals; 1. AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building Code of Appeals; j. AMEND and REORDAIN Section 8-75 - Appeals Generally; k. AMEND and REORDAIN Section 8-158 - Revocation of Certificates of Competency of Plumbers; 1. AMEND and REORDAIN Section 8-198 - Suspension or Revocation of Certificates of Competency of Electricians; m. AMEND and REORDAIN Section 16-1 - Designation of the Housing and Property Maintenance Code; n. AMEND and REORDAIN Section 16-2 - Deleting the Definition of the term "Board"; o. AMEND and REORDAIN Section 16-3 - Purpose of the Housing and Property Maintenance Code; p. ADD Section 16-3.1 - Adoption of Volume Two of the Uniform Statewide Building Code; q. REPEAL Sections 16-4, 16-9, 16-12, 16-13, 16-14, 16-15, 16-16, Articles II, III, IV, V and VI Housing and Property Maintenance; r. AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the Housing and Property Maintenance Code; s. AMEND and REORDAIN Section 16-10 - Local Planning Authority Inspections; t. AMEND and REORDAIN Section 16-11 - Violations of the Housing and Property Maintenance Code. I II 2. Ordinance authorizing the City Manager to execute a license agreement between the City of Virginia Beach and the United States Government for a Satellite Highway Maintenance Yard. 3. Ordinance to authorize acquisition of property in fee simple for right-of-way for intersection of Old Great Neck Road and Reagan Avenue and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 4. Ordinance to authorize the acquisition of real property, easements, either by agreement or by condemnation, for Princess Anne Road Sewer Extension (CIP 6-965). 5. Ordinance upon FIRST READING to accept and appropriate grants in the amount of $30,429 from the Southeastern Virginia Areawide Model Program (SEVAMP) to the Department of Mental Health and Mental Retardation. 6. Ordinance to transfer funds in the amount of $90,061 within the 1986-87 operating budget for the Public Works Department to improve sidewalks along Atlantic Avenue. 1. APPOINTMENTS 1. VIRGINIA BEACH ARTS CENTER - Board of Trustees/Executive Committee 2. VIRGINIA BEACH BOND REFERENDA COMMITTEE 3. BOARD OF PLUMB ING AND MECHANICAL APPEALS 4. TRANSPORTATION SAFETY COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Interim Financial Statements - July 1, 1985 through June 30, 1986. L. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 20, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, October 20, 1986 at 11:35 A.M. Council Members Present: Albert W. Balko, 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: John A. Baum (ENTERED: 11:48) I II - 2 - MATTERS BY THE MAYOR TARGET AREA TOUR ITEM # 26191 Mayor Jones referenced the November 7, 1986, Tour of the TARGET AREAS. Upon completion of this tour the City Council will meet at the Pavilion instead of the Council Conference Room. The Council will then meet with the COMMUNITY SERVICES BOARD and at 3:30 P.M. the VIRGINIA BEACH CITY SCHOOL BOARD. Mayor Jones requested suggestions concerning the AGENDA for the discussion with the School Board so he might advise James Fletcher, Chairman of the School Board. PLANNING REVIEW PROCESS COMMITTEE ITEH # 26192 Mayor Jones distributed a Memorandum concerning the PLANNING REVIEW PROCESS COMMITTEE (Copy of same is hereby made a part of the record). During the past year the City undertook an exstensive assessment of the PLANNING REVIEW PROCESS and made adjustments designed to expedite the consideration of applications received by the Planning Department. In the interest of providing City Council with a report and evaluation of the effectiveness of the new procedures, the Mayor APPOINTED a Committee to make an inquiry into the revisions that have been made and the reception they have received by affected parties. The Committee shall be composed of Councilman Albert Balko - Chairman, Planning Commissioner F. D. Reid and Richard Browner. ~_+~h__ ~~ 1~oL I II - 3 - CON C ERN S 0 F C I T Y C 0 U N C I L ITEM # 26193 MAJOR RIGHT-OF-WAY SETBACKS Councilwoman Parker referenced maj or right-of-way setbacks on highways found in subdivisions developing next to a major highway. Major roadways have been platted, but not built through and small units end up being on top of these roadways. When a resident opens their backdoor they are ten feet from a major right-of-way. City Staff should investigate same. The Mayor referenced the HMP Committee (Councilwomen Henley, McClanan and Parker) and a conversation with Planning Commissioner Judith Dockery. Commissioner Dockery sugested a meeting on November 5, 1986, at 4:30 P.M., for discussion of the aforementioned item and others. The Members of the Planning Commission who will be in attendance are Sam Meyers, Judith Dockery and Charles Krummell. Planning Director Robert J. Scott shall also be in attendance. A monthly meeting was suggested. NORTHAMPTON BOULEVARD ITEM # 26194 Councilman Perry referenced the Ordinance upon application of J. B. FAY, JR., for a Change of Zoning from R-3 to R-5 on property located at the northeast and northwest corners of Jack Frost Road and Northampton Boulevard, containing 6.4 acres (Bayside Borough) (See Item II-F.5 of the PLANNING AGENDA). Councilwoman Perry inquired as to whether the widening of Boulevard would affect the aforementioned property. Northampton This item will be discussed at the November 5, 1986, Meeting of the lIMP COMMITTEE. SANDBRIDGE RESOLUTIONS ITEM # 26195 Councilwoman Henley referenced Resolutions concerning SANDBRIDGE BEACH PRESERVATION. Said Resolutions had been DEFERRED until the Ci ty Council Meeting of October 27, 1986. Councilwoman Henley inquired as to whether staff would identify the sources of the sand, if $2.5 MILLION was available for beach replenishment. The City Staff willl advise City Council of their recommendations concerning same prior to the City Council Meeting of October 27, 1986. CITY COUNCIL PARKING ITEM # 26196 Councilman Moss referenced the PARKING LOT on the west side of the building and the City Manager's Memorandum concerning same, which would entail the removal of the PARKING BY PERMIT signs on the Parking Lot. The City Manager advised parking could be limited to one hour, but not thirty (30) minutes, as suggested by the Judges. The Permanent Parking Permit signs have been removed. The handicapped signs will have to be retained as this is their only access. This item will be placed on a future FORMAL COUNCIL AGENDA. - 4 - CON C ERN S 0 F C I T Y C 0 U N C I L GENERAL REVENUE SHARING ITEM # 26197 Councilman Fentress requested staff advise the effect that the loss of General Revenue Sharing would be to the City of Virginia Beach. Councilman Heischober advised a provision had been made for this probable loss in last year's RESERVE. VMRC ITEM # 26198 Vice Mayor Oberndorf referenced a communication from the North Beach Civic League about their concerns relative the VIRGINIA MARINE RESOURCE COMMISSION's decision on the Eastern Shore that they felt violated the intent of the Coastal Primary Dunes Act. The Civic League is requesting the City Council ADOPT a Resolution protesting the VMRC's action. Councilwoman Oberndorf distributed a copy of said Resolution and requested City Staff advise if said Resolution is appropriate. DUPLICATIONS ITEM # 26199 Councilman Perry referenced duplications of information from the Office of Public Information. The City Manager advised same would be corrected. I II - 5 - INFORMAL SESSION BRIEFING STATE ALLOCATION OF HIGHWAY PROJECTS October 20, 1986 The City Manager advised on October 27, 1986, the Suffolk District Office of the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORATION is holding a PREALLOCATION HEARING. A Memorandum explaining same was distributed to City Council and is hereby made a part of the record. Mr. C. Oral Lambert, Jr., Director of Public Works presented the City's Proposed position with the State Highway Departent. Currently the State is operating under a Six-Year Plan. The first prioriity for any additional funds available in Virginia Beach should be to fully fund the projects curently scheduled in the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION SIX-YEAR IMPROVEMENT PROGRAM. The present program identifies projects totalling approximately $136.8-MILLION for the City of Virginia Beach. Of this amount, approximately $43.3-MILLION is unfunded. Military Highway/Wayside Bridge (Joint Norfolk/Virginia Beach project) Pacific Avenue (Additional crossing of Rudee Inlet) Constitution Drive (Extend Constitution Drive from Columbus Street to Independence Boulevard) London Bridge Road, Phase I (From Holland Road to General Booth Boulevard) Dam Neck Road, Phase II (Defense access project from General Booth Boulevard into the Dam Neck Naval Facility) Virginia Beach Boulevard, Phase III (Western portion of that three phase project) Virginia Beach Boulevard, Phase I (Project under construction now) Virginia Beach Boulevard, Phase II (Eastern portion of aforementioned project) Lake Smith Spillway (Small crossing Boulevard/Shore Drive, which needs replacing) of Northampton Princess Anne Road, Phase III (Ferrell Parkway Project) Kempsville Road, Phase II (Under construction now from Indian River Road to Centerville Turnpike) Haygood Road Project (Under construction Independence Boulevard to Diamond Springs Road) and is from Great Neck Road, Phase II (Northern portion of Great Neck Road) Oceana Boulevard and First Colonial Road (Originally conceived as a major project; however, Southeastern Expressway might have an impact on the configuration of this project.) I II - 6 - ITEM # 26200 Mayor Jones entertained a motion to permit City EXECUTIVE SESSION pursuant to Section 2.1-344, amended, for the following purposes: Council to conduct its Code 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. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consul ta tion 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. Upon motion by Councilman Balko, seconded by Councilwoman Henley, City Council voted to proceed into EXECUTIVE SESSION. 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 II - 7 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL October 20, 1986 2:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 20, 1986, at 2:10 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 Wallace O. Odum, Jr. First Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA I II - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26201 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 # 26202 The City Manager referenced Ordinances to AMEND and REORDAIN/or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM STATEWIDE BUILDING CODE. (See item II-H.1a/t of the CONSENT AGENDA). This item will be pulled for presentation by City Staff. Item II-D.2 NEW BUSINESS ITEM # 26203 ADD-ON Councilwoman Henley referenced an Ordinance upon application of STEVEN H. DAVIDSON for a Conditional Use Permit for a Single-Family Dwelling. This Oridnance was ADOPTED on October 14, 1985. A problem has occurred concerning the condition. The applicant, Steven H. Davidson, is in attendance. This item will be ADDED under NEW BUSINESS for discussion. ~_+_h__ 0~ 1nQ~ - 9 - Item II-E. 1 .a MINUTES ITEM # 26204 I II Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council APPROVED the MINUTES of October 13, 1986: Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Harold Heischober, Barbara M. Henley, Mayor Jones, Reba S. McClanan, John D. Moss, Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf Council Members Absent: None Fentress, Robert G. Nancy K. I I II - 10 - Item II-F.1-7 PUBLIC HEARING PLANNING ITEM # 26205 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS 1 . WILLIAM L. FREED STREET CLOSURE 2. PS ASSOCIATES II, LTD. STREET CLOSURE 3. MAUREEN MOTTOLESE STREET CLOSURE 4. ERNEST L. & PHYLLIS A. HUDSON CHANGES OF ZONING 5. J. B. FAY, JR. CHANGE OF ZONING 6. MIDAS REALTY CORPORATION CHANGE OF ZONING AND CONDITIONAL USE PERMIT 7. MOTOR CITY ASSOCIATES CONDITIONAL USE PERMIT AND STREET CLOSURE I I II - 11 - Item II-F. 1 . PUBLIC HEARING PLANNING ITEM # 26206 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Baltic Avenue in the petition of WILLIAM L. FREED. Application of William L. Freed for the discontinuance, closure and abandonment of portions of Baltic Avenue. Baltic Avenue: Beginnning at the Northern boundary of Maryland Avenue and running in a northerly direction a distance of 100 feet. VIRGINIA BEACH BOROUGH. 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, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: None I I II - 11a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS BALTIC AVENUE, AS SHOWN UPON THAT CERTAIN PLAT E N TIT LED, II RES U B D I V I S I 0 t~ 0 F LOT S 3 0, 3 1 , 32,33 and 34, BLOCK 16 AND-LOTS 1,2,3, 4, AND 5, BLOCK 26 AND STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND EASEMENTS MAP OF SHADOW LAWN HEIGHTS, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by William L. Freed, that he would make application to the Council of the City of Virginia Beach, Virginia, on February 3, 1986, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: All that certain parcel of property lying, situate and being in the Beach Borough of the City of Virginia Beach, Virginia, as s how non t hat c e r t a i n ~1 a p 0 f S had 0 w Law n Heights which is duly recorded in the C1erkls Office of the Circuit Court of the City of Virginia Beach, Virginia in ~'ap Book 7, at page 14, and with reference to said plat being more particularly described as follows: THAT CERTAIN portion of Ba1 tic Avenue lying south of 12th Street (now 9th Street), beginning at a pin located at the intersection of the Southern right-of-way, line of 12th Street (now 9th Street) and the western right-of-way line of Baltic Avenue, thence from said point of beginning S 070 00' E a distance of 200 feet, along the western ri ght-of-way 1 i ne of Bal ti c Avenue, to the point of intersection with the northern ri ght-of-way 1 i ne of 11 th Street (now Maryland Avenue); thence turning and running at right angles to said former course, S 830 00' W a distance of 50 feet along the northern right-of-way line of 11th Street (now Mary1 and Avenue) to a' poi nt of intersection with the eastern right-of-way line of Baltic Avenue; thence turning and running at right angles to said former course, N 070 001 W a distance of 200 feet, October 20, 1986 I II - 11 b - along the eastern right of way line of Baltic Avenue, to a pln at the point of intersection with the southern right-of-way 1 i ne of 12th Street (now 9th Street); thence turning and running at right" angles to said former course, N 830 00' E a distance of 50 feet, along the southern right-af-way 1 ine of 12th Street (now 9th Street) to the sa i d point of beginning as shown on that Plat entitled "RESUBDIVISIOI~ OF LOTS 30, 31, 32, 33 and 34, BLOCK 16 AND LOTS 1,2,3,4, AND 5, BLOCK 26 AND STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND EASEMENTS MAP OF SHADOW LAWN HEIGHTS, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA. II Said parcel of land ~eing a portion of Baltic Avenue dS indicated on that certain plat of the property to be vacated South of what is presently 9th Street, in Shadow La~Jn Heights for William L. Freed, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at page , and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. FINAL APPROVAL: October 20, 1986 0085i - 2 - October 20, 1986 I I; - 12 - Item II-F.2 PUBLIC HEARING PLANNING ITEM # 26207 Attorney Wallace B. Smith represented the applicant Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED sixty (60) days for compliance until the City Council Meeting of December 15, 1986, an Ordinnace for the discontinuance, closure and abandonment of a portion of Branksome Drive in the petition of PS ASSOCIATES II, LTD. Application of PS Associates II, Ltd., for the discontinuance, closure and abandonment of a protion of Branksome Drive located 590 feet more or less northeast of South Independence Boulevard, 520 feet northwest of Edwin Drive and running in a northwesterly direction a distance of 305.24 feet. Said parcel contains 19,514.88 square feet. KEMPSVILLE 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 I II - 13 - Item II-F.3 PUBLIC HEARING PLANNING ITEM # 26208 Attorney R. J. Nutter represented the applicant and requested DEFERRAL to allow twenty-five individuals (Trustees and property owners) to sign the plat. Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Concil DEFERRED ninety (90) days FOR COMPLIANCE, until the City Council Meeting of January 19, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road in the petition of MAUREEN MOTTOLESE. Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41.93 feet to 30 feet and contains 10,410.84 square feet. LYNNHAVEN 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 i II - 14 - Item II-F .4. PUBLIC HEARING PLANNING ITEM # 26209 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Perry, seconded by Counciman Heischober, City Council ADOPTED Ordinances upon application of ERNEST L. & PHYLLIS A. HUDSON for Changes of Zoning: ORDINANCE UPON APPLICATION OF ERNEST L. & PHYLLIS A. HUDSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO 1-1 Z010861123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ernest L. & Phyllis A. Hudson for a Change of Zoning District Classification from B-3 Central-Business District to 1-1 Light Industrial District on the following parcels: Parcel 1: Located 150 feet south of Cleveland Street beginning at a point 250 feet east of Opal Avenue. Parcel 2: Located on the north side of Southern Boulevard beginning a point 380 feet east of Opal Avenue. Said parcels contain 6.283 acres. Plats with more detailed information are available in the Department of Planning. BAYS IDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF ERNEST L. & PHYLLIS A. HUDSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO B-2 Z010861124 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Ernest L. & Phyllis A. Hudson for a Change of Zoning District Classification from B-3 Central-Business District to B-2 Community-Business District on certain property located on the south side of Cleveland Street, 250 feet east of Opal Avenue. Said parcel contains 3.099 acres. PIa ts with more detailed information are available in the Department of Planning. BAYS IDE BOROUGH. I II - 15 - Item II-F.4.a/b PUBLIC HEARING PLANNING ITEM # 26209 (Continued) Prior to the changing of the official zoning maps, the following conditions shall be met: 1. A variable width right-of-way dedication is required along the frontage of Maynard Avenue, as per the Master Street and Highway Plan. 2. A variable width right-of-way dedication is required along the frontage of Southern Boulevard, as per the Master Street and Highway Plan. 3. In accordance with the Ci ty I S Master Street and Highway Plan, which calls for an ultimate four-lane undivided highway for Cleveland Street, right-of- way dedication will be required along the existing alignment. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, 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 ; I II - 16 - Item II-F. 5 PUBLIC HEARING PLANNING ITEM # 26210 The following spoke in support of said application: Attorney R. J. Nutter represented the applicant and submitted a petition signed by adjacent residents in support of the application. (Said petition is hereby made a part of the record). Attorney Nutter also advised his applicant would submit a deed restriction limiting construction to 17- single-family residential homes (7 lots on the water and 10 lots on the land side). The applicant would install a sedimentation trap to control run-off. Carl E. Bailey, Jr., adjacent resident of 10-1/2 years. Bernice Heuser, resident of Jack Frost Road OPPOSED: Ira Lee White, resident of Horseshoe Bend and presented a petition in Opposition containing 180 signatures. Charles W. Baber, resident of Shenstone Court Larry R. Hall, resident of Shenstone Drive. Robert Searcy, President Lake Shroes Civic League Donalda Blecher, registered in OPPOSITON, but WAIVED right to speak to Ira Lee White The City Clerk referenced letters in OPPOSITION from Mr. and Mrs. Charles W. Baber and residents of Shenstone. Said letters are herby made a part of the record. A MOTION was made by Councilman Perry to ADOPT an Ordinance upon application of J. B. FAY, JR., for a Change of Zoning from R-3 Residential District to R-5 Residnetial District on property located at the northeast and northwest corners of Jack Frost Road and Northampton Boulevard, containing 6.4 acres (Bayside Borough). This Motion failed for lack of a Second. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordiance upon application of J. B. FAY, JR., for a Change of Zoning: ORIDNANCE UPON APPLICATION OF J. B. FAY, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 3 TO R-5 Ordinance upon application of J. B. Fay, Jr., for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District on certain proeprty located at the northeast and northwest corners of Jack Frost Road and Northampton Boulevard. Said parcels contain 6.4 acres. Plats with more detailed information are avialable in the Department of Planning. BAYS IDE BOROUGH. I II - 17 - Item II-F. 5 PUBLIC HEARING PLANNING ITEM # 26210 (Continued) 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, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None I I - 18 - Item II-6.a/b PLANNING ITEM # 26211 Attorney Michael Inman represented the applicant and requested DEFERRAL. The applicant has acquired another lot. Applications to the Planning Commission concerning a Change of Zoning and Conditional Use Permit relative LOT 6 will be heard on November 11, 1986. Attorney Inman requested DEFERRAL to enable all mattters to be heard in conjunction. Attorney Inman advised they are still pursuing the Proposed Curb Cut serving multiple sites. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council DEFERRED until the City Council Meeting of December 8, 1986, Ordinances upon application of MIDAS REALTY CORPORATION for a Change of Zoning and a Conditional Use Permit: ORDINANCE UPON APPLICATION CORPORATION FOR A CHANGE OF CLASSIFICATION FROM A-1 TO B-2 OF MIDAS REALTY ZONING DISTRICT Ordinance upon application of MIDAS Realty Corporation for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business at the northeast corner of Holland Road and Hayes Avenue on Lots 1-5 and 11- 15, Block 3, Pecan Gardens. Said parcels contain 25,265 square feet. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF MIDAS REALTY CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR FACILITY Ordinance upon application of MIDAS Realty Corporation for a Conditional Use Permit for an automotive repair facility at the northeast corner of Holland Road and Hayes Avenue on Lots 1-5 and 11-15 Block 3, Pecan Gardens. Said parcels contain 25,265 square feet. PRINCESS ANNE BORUGH. 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 John L. Perry Council Members Voting Nay: None ouncil Members Absent: None - 19 - Item II-F. 7.a PUBLIC HEARING PLANNING ITEM # 26212 Attorney Charles Salle' represented the applicant and submitted a letter proferring certain conditions. (Said letter is hereby made a part of the proceedings.) Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of MOTOR CITY ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MOTOR CITY ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR, SALES, PARTS AND SERVICE R01086984 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Motor City Associates for a Conditional Use Permit for automobile repair, sales, parts and service on certain property located at the northeast corner of Virginia Beach Boulevard and North Witchduck Road. Said parcel contains 8.4 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Extension of the 25-foot wooded buffer along the northern property line. 2. Dedication of a variable width right-of-way along Virginia Beach Boulevard in accordance with the Virginia Beach Boulevard Project. 3. Resubdivision of the property and vacation of internal lot lines to include the 5,000 square feet of property, if rezoned from R-6 Residential District to B-2 Community-Business District. 4. Discontinuance of the Volkswagen repair and parts within 30 days from final approval. 5. Discontinuance of Bug House facilities wi thin 30 days. 6. All exisiting facilities shall be removed within 18 months. 7. A chain-link fence with wooden sla ts shall be constructed along the western boundary of the 25- foot buffer zone. 8. No Paint Shop, Body Shop, or Major Engine Overhaul facility shall exist on the property. 9. The Preliminary Site Plan for MOTOR CITY ASSOCIATES, PHASES 1 & 2, presented by Attorney Charles Salle I and drawn by WATERWAY SURVEYS AND ENBGINEERING, LTD., on September 5, 1986, shall be the specific plans hereby approved and made a part of the record. 10. Any violation of the above conditions shall be cause to revoke this Conditional Use Permit. I II - 20 - .tem II-F.7.a PUBLIC HEARING PLANNING ITEM # 26212 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of October, Nineteen Hundred and Eighty-six. 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 I I II - 20a - PENDER fc, COWARD ATTORNEYS AND COUNSELLORS AT LAW H. LEE AGDI50N, ill RICHARD J. BEAVER DAVID D. DICKERSON MARTHA D. FRANKLIN DAVID L.HDRNE BRECKENRIDGE INGLES RICHARD C. LANGHORNE LEONARD D. LEVINE .JAMES B. LONERGAN PETER C. MANSON, .JR. BURKt W. MARGULIES HENRY C. MORGAN..JR. CHARLES M. SALLE DANI EL M. SCHIEBLE THOMAS S. SHADRICK MARK E. SLAUGHTER WILLIAM B. SMITH JOH N A. TI LHOU .JOSEPH T.WALDO The Honorable Robert G. Jones, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 FOURTH FLOOR. GREENWICH CENTRE 192 BALLARD COURT AT GREENWICH ROAD CREDIT UNION OFFICE: SUITE 311, NEWTOWN SQUARE 160 NEWTOWN ROAD VIRGINIA BEACH, VIRGINIA 23462-2483 (804) 490 -3000 VIRGINIA BEACH, VIRGINIA 23462-2483 TELEPHONE (804) 490-3000 WILLIAM C.PENOER (1893-1979) CABLE ADDRESS O'VALAWO OF CQUNSEL NELSON W, COWARD NORRIS E, HALPERN October 15, 1986 WRITER'S DIRECT DIAL NUMBER 490""6279 Re: Application of Motor City Associates for a Conditional Use Permit Dear Mayor Jones and Members of Council: I represent Motor City Associates with respect to their application for a Use Permit for Automobile Repair, Sale, Parts and Service on certain property located at the northeast corner of Witchduck Road and Virginia Beach Boulevard. In that connec- tion, I have enclosed a Site Plan showing the two phases and the manner in which Motor City intends to develop the project. As with any project this large and this unique, it is impossible to specify every detail of the development at this time. However, I would like to emphasize that, although the Use Permit is general in nature, we do not plan to conduct the following uses on the property and their prohibition could be made a condition of the Use Permit: (a) Paint shop (b) Body shop (c) Major engine overhaul facility In addition to the staff requirements, we have also agreed to the following: (a) The present Bug House facilities will be removed within 30 days (b) All existing facilities will be removed within 18 months (c) A chain link fence with wooden slats will be constructed along the western boundary of the 25' buffer zone .". October 20, 1986 I I - 20b - PENDER ~ COWARD The Honorable Robert G. Jones, Mayor Members of City Council October 15, 1986 Page 2 We also would agree that the Use Permit would only be valid for a project developed in the manner and in the phases as shown on the Site Plans. This would ensure that the project is developed as a planned shopping center development and not as individual buildings. With the above requirements, I think the financial marketplace will dictate that the pro- ject be developed as planned or not at all. I have also enclosed for your information, a copy of an article which appeared in the Beacon recently concerning the project and the developer. Should you have any questions con- cerning any of the above, please do not hesitate to contact me. I appreciate your cooperation and attention to this matter. Very truly yours, c::::4'a~ A. ~dItl Charles M. Salle' CMS/pr Encl. cc: City Clerk City Manager City Attorney / ." October 20, 1986 - 21 - Item II-F. 7. b PUBLIC HEARING PLANNING ITEM # 26212 (Continued) Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council DEFERRED for COMPLIANCE in 180 days to April 20, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue in the petition of MOTOR CITY ASSOCIATES. Application of Motor City Associates for the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue and Jeanne Street as follows: Pennsylvania Avenue: boundary of Jeanne northerly direction a feet in width. Beginning at the northern Street and running in a distance of 50 feet and is 50 Jeanne Street: Beginning at the eastern boundary of North Witchduck Road and running in an easterly direction a distance of 309 feet more or less and is variable in width from 80.83 feet to 60 feet. Said parcels contain 23,503 square feet more or less. BAYSIDE BOROUGH. 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office 2. Resubdivison of the the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels to avoid creation of a nonconforming lot, as well as to insure that all lots have access to a public street. 3. Dedication of a utility easement over existing and future facilities as determined by the Department of Public Utilities. 4. Closure of this right-of-way upon the compliance wi th conditions within 180 days of Council. shall be contingent the above stated the approval by City - 22 - Item II-F.7.b. PUBLIC HEARING PLANNING ITEM # 26212 (Continued) 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 - 22a - ORDINANCE NO. : IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS PENNSYLVANIA AVENUE AND JEANNE STREET (FORMERLY DOUG LAS STREET), LOCATED IN THE BAYSIDE BOROUGH OF THE CI TY OF VIRGINIA BEACH, VIRGINIA, SHOWN AS THE CROSS- HA'ICHED AREAS UPON THAT CERTAIN PLAT ENTITLED, III1PHYSICAL SURVEY OF UNIMPROVED PORTIONS OF JEANNE STREET (FORMERLY DOUGLAS AVENUE) AND PENNSYLVANIA AVENUE EUCLID PLACE IN MAP BOOK 4, PAGE 62, BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIAII ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by Motor City Associates, a Virginia general partnership, that he would make application to the Council of the City of Virginia Beach, Virginia, on July 14, 1986, to have portions of the hereinafter described streets, discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portions of the said streets be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT portion of Pennsylvania Avenue and Jeanne Street (formerly Douglas Street) as shown on that certain plat entitled IIPhysical Survey of Unimproved Portions of Jeanne Street (formerly Th:>uglas Avenue) and Pennsylvania Avenue Euclid Place in Map Book 4, Page 62, Bayside Borough Virginia Beach, Virginiall attached hereto and made a part hereof. r October 20, 1986 - 22 b - SECTION I I A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III 05307 Igm ICC1!I -2- .". October 20, 1986 i II - 23 - Item II-G.1.a.1/4. RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 26213 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds: A & D Associates (Ralph J. Doudera) $ 700,000 $ 590,000 (Refunding) Virginia Tissue Bank 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 - 23a - 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? . . i VIRGINIA TISSUE BANK PROJECT Southwest intersection of Baker Road and Ward Court Medical Laboratories and Offices $700,000 (a non-stock corporation) I-I Yes No X 9- I II FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAt1E: VIRGINIA TISSUE BANK PROJECT TYPE OF FACILITY: MEDICAL LABORATORIES AND OFFICES ~ 6,800 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital (business license) tax per year ~sing present tax rates $ 4,500 $ - 0 - 6. Estimated dollar value per year of goods and services that will be purchased locally $ 750,000 7. Estimated number of regular employees on year round basis $ 50 8. Average annual salary per employee $ 24,000 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 '. )', . , . . ,. . \."-"" . Economic Impact Statement 1. Amount of investment 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 Be.ach 4. Estimated real property tax per year using present tax rate 5. Estim~ted personal property tax 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 25 I I $1,000,000 $ : .~:.;-j~~~~:::~ ~~~ . .. 700,000 $ 850,000 $ $ 6,800 4,500 C'. '" Av. Wage $ 24,000 per annum B. Payroll generated $ 600,000 D. Number of jobs retained 25 Payroll retained $ 600,000 Av. Wage $ 24.000 E. Estima~~ 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 . InventoryjSupplies Value $ 400,000 Machinery, Equipment, $ 200,000 etc. . Professional Services $ 50,000 Insurance, motor ve- hicles, etc. $ 100,000 TOTAL $ 750,000 . I I I . ,\: t ;" . J' '--- F. Estimated building permit fee and other municipal . fees $ G. Estimated construction payroll $100,000 H. Estimated value of construction material .. - "." ..-... ..-.... . "'~:..-.:~...:.::~~:;~.::~~:;; ~~"..,"- : -:i to be purchased within the City of Virginia Beach $400,000 30 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 fi :lncing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes _1>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 mL?) Southwest intersection of Baker Road and Ward Court 11. Explanation of alternative financing that has been reviewed for project Conventional financing is no~ feasible for the Project due to increased interest costs. .~.::::: . . I i I .. '\~l" ._.1 '- ~ ...... I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in all respects. 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OR",,\{~Z J ~~\IW"'fl~,\ Q~l: !!~.f s:~c Ii V '({G-t tJn{AP 19TI~Sv E: I K ~AN2'KOOFT 76-10-00- NAME OF PROJECT: ~ VIRGINIA TISSUE BANK PROJECT PROJECT ADDRESS: Southwest intersection of Baker Road and Ward Court, Virginia Beach, Virginia TYPE OF PROJECT: Medical Laboratories and Offices I I I I . A meetinq of the Council of the City of Virginia Beach, Virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the 20 day of October , 1986. 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 Absent: Vote: Aye Aye Aye Aye Aye Aye Aye Aye Aye Aye John L. Perry On moti on by Councilman Fentress , seconded by Councilman Heischober , and voted upon as herei n set forth, the following resolution was adopted. RESOLUTION OF COMMISSIONERS APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR VIRGINIA TISSUE BANK WHEREAS, the City of Virginia Beach Development Authori ty, whose address is 770 Lynnhaven Parkway, Sui te 200, Virginia Beach, Virginia 23452 (the "Authority") has considered the application of Virginia Tissue Bank, a Virginia non-stock corporation, whose address is 533 Newtown Road, Suite 117, Virginia Beach, Virginia 23462 (the "Purchaser"), for the issuance of the Authori ty' s i ndustri al development revenue bond in an amount estimated at not more than $700,000.00 (the "Bond") to assist in the financing of the Purchaser's constructing and equipping of a facility of approximately 12,000 square feet con- taining medical laboratories and offices to be located at the southwest intersection of Baker Road and Ward Court (the "Project") situated in Virginia Beach, Virginia, to be owned and operated by the Purchaser, and has held a public hearing thereon on October 14, 1986, and; WHEREAS, the Authori ty has requested the Counci 1 (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply wi th Secti on 103 (k) of the Internal Revenue Code of 1954, as amended; and - 1 - I I I 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 reci tals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority for the benefit of the Purchaser, 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 Project. 3. 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 of the 1964 Acts of Assembly of Vi rgi ni a, as amended, the Bond shall provide that nei ther the Ci ty nor the Authority shall be obligated to pay the Bond(s) 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. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the Ci ty of Vi rgi ni a Beach, Vi rgi ni a, on October 20 , 1986. CITY COUNCIL OF VIRGINIA BEACH By: eah cc.c - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: A & D ASSOCIATES PROJECT 2. LOCATION: 2940 North Lynnhaven Road 3. DESCRIPTION OF PROJECT: Construction, equipping and furnishing office building 4. AMOUNT OF BOND ISSUE: Not To Exceed $590,000 5. PRINCIPALS: RALPH J. DOUDERA .. - ,,;, ~ .". - . 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 'B-2 b. Is rezoning proposed? Yes No -L c. If so, to what zoning classification? .. .. ,_. -. ,... ..._.'~... ... -...-.-.----.....-.----. . ... -- '" - ... .. ..,.-- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: October 14, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: A & D ASSOCIATES PROJECT TYPE OF FACILITY: Office Building 1. Maximum amount of financing sought $ 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3. Estimated real property tax per year using present tax rates ~ 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 590,000 845,000 5,230 - 0 - - 0 - 6. Estimated dollar value per year of goods and services that will be purchased locally $ 40,000 7. Estimated number of regular employees on year round basis $ - 1 - 8. Average annual salary per employee $ 20,000 The information contained in this State~ent is based solely on facts anu estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By .JJ:t'.fhC'" , K A ( :~ I ~. ,", ~ .!;'~:. ", (-.:/"f- ..,:,.\.; ...,...... \ 1 ,I.:;'!' .... := .= ~r;~"- ~ 1l~ ~ie I~F~ .... ,~~,\~~:1_>t.a.~ l::: /~.....* ~ ,S '\ -,-=- I ~~ .- ,.: -:O~\' ku ~.:. !t:AIm3N'" . \ .o! &~<: r~" .~;.,.tjJ ,.....(., ''''-",,0''1'.,., J ~ ()~ si.:;;;-,Z: ....."'--... ,,~ ~~.. :.~J((, {-'.If : _',;:; r(~ (.,-"<.'''. .:~ , ~.b- ~ ~.~" .; ~'i ",j.~"" .j:1 ., :: ... ..~/':.~~\~~ i.f';.f,~,,, ~"o.~\\ ~~ ~ ~~ \.&S"Ui~l. ~' \ WOODMO~::i ! t ;: 6 7' , ~. tr " o &- ~1 ;; c > .,/ NN-lE OF pR().JFC!: A & D ASSOCIATES 1?~ p~ ADDRESS: 2940 North LynnhaVen Road Virginia Beach, Virginia TYPEOFPpOJECr: Office Building '1::-.-. I I RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY THE CITY OF VIRGINIA DEVELOPMENT AUTHORITY FOR RALPH J. DOUDERA IN AN AMOUNT NOT TO EXCEED $590,000.00 FOR REFUNDING OF AN EXISTING BOND ISSUE WHICH WAS USED TO FINANCE THE COST, THE CONSTRUCTION AND EQUIPPING OF AN OFFICE BUILDING AT 2940 NORTH LYNNHAVEN ROAD, IN THE CITY OF VIRGINIA BEACH, WHEREAS, on December 20, 1982, the Authority issued, sold and delivered Six Hundred Thousand Dollars ($600,000.00) principal of 1982 Industrial Development Revenue Bonds (A & 0 Associates Project) (the "1982 Bonds") to enable A & 0 Asso- ciates, a Virginia general partnership, to finance the construc- tion and equipping of a 11,650 square foot office building at 2940 North Lynnhaven Road, in Virginia Beach, Virginia (the "Project"); and WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Ralph J. Doudera (the "Purchaser"), current owner of the project for the issuance of the Authority's industrial development reve- nue refunding bonds in an amount not to exceed $590,000.00 (the "Bonds") and has held a public hearing thereon on October 14, 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 ~15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and 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; WHEREAS, since the proceeds of the Bonds will be used solely for the payoff and refunding of the unpaid principal balance of the 1982 Bonds, the Bonds do not require an allocation of a portion of the City's Local Allocation as defined by Execu- tive Order 054(85), as modified, issued by the Governor of the Commonwealth of 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, Virgi- nia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Purchaser, to the extent of and as required by Section l03(k) of the Internal Revenue Code, to permit the Authority to assist in the refunding of the 1982 Bonds provided that the proceeds of the Bonds are used solely to refund and payoff the outstanding principal of the 1982 Bonds. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. - 1 - I I II 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 October 20, 1986 1986. eah r.idrb.c - 2 - - 24 - Item II-G.1.a.2/3 RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 26214 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds: Haynes Furniture Company, Inc. $6,630,000 $1,470,000 (Refunding) Haynes Furniture Company, Inc. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Harold Heischober, Barbara M. Henley, Mayor Jones, Reba S. McClanan, John D. Moss and Parker Fentress, Robert G. Nancy K. Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf Council Members Absent: John L. Perry - 24a - ., Sm11>1ARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Haynes Furniture Company~ Inc. 2. LOCATION: 5324 Virginia Beach Boulevard Virginia Beach, Virginia 2346 2 3. DESCRIPTION OF PROJECT: Exgansion and ~enbvation of facility' for retail sale of home furnishings and refunding of 1973 b'ond issui. , I 4. AMOUNT OF BOND ISSUE: $8,100.000 5. PRINCIPALS: I~nn~r~ R. Strelitz 6. ZONING CLASSIFICATION: a. Pres~nt zoning classification of the Property '.' B-2 - No ..L- b. I~ rezoning proposed? c. If so, to what zoning classification? Yes 5. 7. 8. FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: September 16, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Haynes Furniture Company, Inc. TYPE OF FACILITY: Expansion and renovation of facility for retail sales of home furnishing and refunding of 1973 Bond issue 1. Maximum amount of financing sought $8,100,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,950,000 3. Estimated real property tax per year using present tax rates $ 39,600 4. Estimated personal property tax per year using present tax rates 17,736 $ Estimated merchants' capital (business license) tax per year using present tax rates 28,500 $ 6. Estimated dollar value per year of goods and services that will be purchased locally $1,372,496 Estimated number of regular employees on year round basis 108 Average annual salary per employee $ 16.640 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. J .. .-------J.. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Economic Impact Statement 1. Amount of investment $ 7,100,000 2. Amount of industrial revenue bond financing sought * $ 8,100,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 4.950,000 4. Estimated real property tax per year using present tax rate $ $ 39,600 17,736 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 108 B. Payroll generated $1,700.000 Av. Wage $16,640 c. Number of jobs retained 370 ** D. I Payroll retained $S.306.210**Av. Wage $ 14,380** 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. ) : ~ Value Vehicles $587,996 $210,000 $538,500 $ 36,000 Tnvf>ntory Machinf>ry/supplies Proff'ssional services $ F. Estimated building permit fee and other municipal fees $5,370.00 * $1,470,000 Refunding of 1973 Bond Issue ** Figures given are for entire existing facility ,. ..... : ' .. 2 G. Estimated construction payroll $1.000.000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $2,000,000 I. Estimated number of construction jobs ,0 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project Confirm Virginia Beach as chief operating headquarters for Company 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) 5324 Virginia Beach Rnll1pv~rrl, Vir~inia Beach. Virginia 23462 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. ~.~.~. : ' r 3 14r ~/..... L ;( a [a. (.{I_ I (~ Subscribed and sworn to befOrt me this 5 -e PitIl.UIt ' 19 Q:It-. c\' 11 day of My Commission Expires: ~:r.. a,<-:. L q f'" I ;"..' .,. , ' ,. A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 20 day of October , 1986. On motion by Councilman Fentress and seconded by Councilman Heischober ing Resolution was adopted. , the follow- RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR HAYNES FURNITURE COMPANY, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Haynes Furniture Company, Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $8,100,000 (the Bonds) to assist in the financ- ing of the Company's (a) construction and equipping of a 125,000 square foot addition to its Facility, as hereinafter defined, (b) rehabilitating a 20,000 square foot portion of the existing Facility and (c) refunding the outstanding principal balance of the Authority's $3,000,000 industrial development revenue bond issued to construct and equip the existing Facility (the Prior Bond) located at 5324 Virginia Beach Boulevard in the City of Virginia Beach, Virginia (the Facility) and the existing Facility and the addition thereto to be operated by the Company, and has held a public hearing thereon on October 14, 1986: and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended: WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the financing of the Facility and the refunding of the Prior Bond for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthi- ness 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. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, October 20 Virginia, on , 1986. 2 ,-------~ " -/ - - \I.,'IIO.PO,;I. ........~~., <!-~ . ..><~ c, .<:::.~'~~"'~" . <,,;,~ y \ , .,..... ,,!-:~.' 4 ",,~ c;...()",,~ o>~ .". .... \~ _l\\"....' I'" " ,,-... .~. .._,~~- \ ,~.; ~'t" ,>? ....."'.. ~'~ ".; , ."":. \j....'-~ ~.. ~ ~,o.,,'*tOO ... ~/I \ " -;.. LA % '1f'1"\~~'" ~,; _!.," ~ \l'- '":1~''''' .,JJ L A r........,"~........ '" {'i . ~,..\. \"'~~; .. -,. ("' -- \ ~ !t, t. ~ ~j '" .:;; ;' " '; \ ~lt - ' ; '~ iF' ..~...to '/lln<<l$tOCJ. ~I': ''rI'-'" ._, ~.~ --r' >'" ~ . ~~Iii,~ J' ~lliIII" i ,". .- . prDJEC't ~: -pRoJECt ADDRESS: TYPE OF PROJEct: J1ayr>eS J'Ul'Uit"re ec<nPanY. 1;nC. 5324 Virgilli-a ]\eaCh j\oU1evll"d Vi"g:Lnia y,each. Vi'. 23462 . . eons t:>:uction. "eb8hilitation an~ e<\Ul-ppiI\l\ of ."dstiI\l\ facility and "ej'undiI\l\ of 1973 'Bond is sue . - 25 - Item II-G.2 RESOLUTIONS ITEM # 26215 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Resolution to approve the amended Bylaws of the Virginia Beach Community Development Corporation regarding the Conflict of Interest provision contained within. 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 - 25a - Requested by the Department of Housing and Community Development: RESOLUTION TO APPROVE THE AMENDED BYLAWS OF THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION REGARDING THE CONFLICT OF INTEREST PROVISION CONTAINED HEREIN: WHEREAS) on Novemb er 18) 1985) City Council passed a Resolution to approve the bylaws of the Virginia Beach Community Development Corporation (VBCDC). WHEREAS, subsequent to the November 18) 1985 approval of the bylaws by Council, which bylaws reference the state and federal conflict of interest laws) Council passed a local conflict of interest ordinance. On May 14) 1986 and October 1, 1986) the VBCDC Board of Directors voted unanimously to amend Article VIII) Section 7 of the bylaws pertaining to conflict of interests to require that the members and the Executive Director of the VBCDC comply with the local ordinance; and WHEREAS) in order for said amendment to the bylaws to be effective, Article X of said bylaws provides that such amendments shall be subject to approval by the City Council. NOW) THEREFORE) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH) VIRGINIA: T hat i the r e b yap pro v est he by 1 aw s 0 f the Vir gin i a Be a c h Community Development Corporation as amended. Said bylaws and amendment are attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia) on this 20th day of October, 1986 1986. Approved As To Content: Approved As To Form: ~s.$~ /6/;:1;-( David S. ay, 'City Attorney City Attorney's Office October 20, 1986 BYLA~~ S OF VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ARTICLE I NAME, OFFICE AND SEAL " Section 1. The name of the corporation shall be Virginia Beach Community Development Corporation. Section 2. The principal office of the corporation shal I be located In the City of Virginia Beach, Virginia. The corporation may also have offices at such other places within the State as the Board of Directors may from time to time determine or as the business of the corporation shal I have inscribed. Section 3. The corporate seal of the corporation shal I have Inscribed thereon the name of the corporation, the year of Its Incorporation and the words "Corporate Seal" and Virginia Beach Community Development Corporation. ARTICLE II PURPOSES (a) To expand and improve opportunities for low and moderate Income households in Virginia Beach, both by preserving and renovating existing structures, and by providing financial services, which shal I Include making grants, granting loans, whether or not secured, obtaining financing from others, and acting as gu arantor on loans from others. The charges for such housing and services shal I be on a non-profit basis. (b) To cooperate with tedera I, state and I oca I agenc I es, private organizations, and community groups In - developing programs designed to meet the needs of low and moderate Income housing and to assist the residents of Virginia Beach In the utilization of all available , resources to meet their needs. (c) The Corporation Is Irrevocably dedicated to, and operated for, non-profit, charitable purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE III DIRECTORS Section 1. ManaQement. The business and affairs of the corporation shal I be managed by a Board of seven (7) directors. Section 2. Composition. The Board s ha II be composed of seven (7) dIrectors who shal I 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. 2 " 3 ARTICLE IV MEETINGS, NOTICE, QUORUM AND POWERS " .Sectlon 1. Meetings. Notice. Meetings of the Board of Directors shal I be cal led by the President and may be held at the office of the corporation or at such other place as may be designated In the notice calling the meeting. At least six (6) regular meetings must be held each year. Special meetings of the Board of Directors may be cal led by any two (2) officers or on the written request of a majority of the directors. No other business but that specified In the notice may be transacted at such special meeting without the unanimous consent of all present at such meeting. Notice shall be given to each director at least forty-eight hours before the meeting at his/her residence or business address by delivering, telephoning or telegraphing notice to him/her. The annual meeting of the corporation shal I be held In June of every year. The Secretary/Treasurer sha II cause to be ma II ed to every director In good standing at his/her address as It appears on the membership rol I book of the corporation a notice stating the time and place of all regular meetings at least seven (7) days prior thereto. Section 2. Waiver of Notice. Either before or after any meeting of the Board of Directors, any director may, In writing, waiver notice of such meeting and such waiver shall be deemed 4 equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shal I be a waiver by him/her of not I ce of the t I me and p I ace thereof. I f a II the directors are present . -t a~y meet I ng of the Board, no not i ce sha II be required and any business may be transacted at such meeting. Section 3,a" Quorum. At all meetings of the Board of Directors, five (5) members of the Board of Directors shall be present to constitute a quorum for the transaction of business, and the acts of five (5) of the directors present at a meeting at which a quorum Is present shall be the acts of the Board except as otherwise provided by law or within these bylaws. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting to a fixed time and place, and notice of the rescheduled meeting shal I be required. See t Ion 4. G en era I Power s . The Bo a r d 0 f D Ire c tor s s h a I I elect a President, Vice-President, a Secretary/Treasurer, and al I officers of the corporation. In addition to the powers and authorities expressly conferred upon them by these bylaws, the Board may exercise all powers of the corporation and may do all such acts and things as are not by statute or by these bylaws prohibited. Section 5. Action of the Board. Unless otherwise required by law, an affirmative vote of five (5) of the directors present at the time of the vote, If a quorum Is present at such time 5 shall be the act of the Board. Each d I rector sha II have one vote. Section 6. Consent. If a majority of the directors shall severally or collectively consent In writing to any action to be taken by the corporation, such action shal I be a valid corporate action upon ratification of the Board of Directors. Section 7. Freedom of Information. The corporation shall comply with the Virginia Freedom of Information Act as referenced In Sec. 2.1-340 ~ ~ of the Code of Virginia. ARTICLE V OFFICERS Section 1. Number. The executive officers of the corporation shall be a President, a Vice-President, a Secretary/Treasurer, al I of whom shal I be elected by the Board of Directors. Any two of these officers, except those of President and Secretary/Treasurer may be filled by the same person. It shall be necessary for all officers to be directors of the corporation. Section 2. Nomination. The President, at least thirty days prior to the annual meeting, shal I appoint a Nominating Committee composed of three (3) directors to prepare a slate of candidates of directors and officers. Directors may make other nominations from the floor at the annual meeting provided the Board Is 6 furnished with a written statement of the nominee as to his/her wil I Ingness to serve. Section 3. Election. The election of officers shall take place at the annual meeting of the Board of Directors. Section 4. - Term and Remova I. The officers of the corporation shall hold office until their respective successors are chosen and have qualified. Any officer elected by the Board of Directors may be removed by the Board of Directors whenever, In Its Judgement, the best Interests of the corporation will be served thereby. If the office of any officer shall become vacant for . any rea son, the v a can c y s h a I I b e f I I led b y the Bo a r d 0 f Directors for the balance of the unexpired term. AI I agents and employees, other than officers elected by the Board of directors, shall hold office or employment at the discretion of the Board of Directors. ARTICLE VI DUTIES OF OFFICERS Section 1. President. The President of the corporation shall preside at all meetings of the Board and such meetings as may bed e s I g n ate d b Y the Bo a r d 0 f D Ire c tor san d s h a I I fur the r discharge such functions as are ordinarily discharged by the President of the corporation. He/she shall have such other duties as may be directed by the Board of Directors. 7 " Section 2. Vice President. The Vice President shal I assume the duties of the President of the corporation In the absence of the President. Section 3. Secretary/Treasurer. The Secretary/Treasurer shal I keep the minutes of al I meetings. He/she shal I have custody of the seal of the corporation and affix to such documents as requ I re attestation; he/she shal I have charge of such of the books and papers as the Board of Directors may direct, all of which shall, at all reasonable times, be open to the examination of any director, upon reasonable notice to the Secretary/Treasurer; and he/she shall, In general, perform all the duties Incident to the office of Secretary/Treasurer. He/she shall give notice as required by law or the bylaws of this corporation, of al I meetings of the Board of Directors. The Secretary/Treasurer shal I have custody of the corporation's funds and securities and shall keep full and accurate accounts of receipts and disbursements In books belonging to the corporation. He/she shall deposit all monies and other valuable effects In the name and to the credit of the corporation In such depositories as may be designated. ARTICLE VII COMMITTEES Section 1. Appointment of Committees. The Board of. Directors shall establ Ish and appoint such standing and other 8 committees as may be required from time to time. The duties and scope of committees shal I be defined by the Board. Such commltte~s shall be composed of one member of the Corporation to be an advisory person; however, this shall not preclude service on committees by nonmembers of the Corporation. ARTICLE VI I I MISCELLANEOUS PROVISIONS Sect I on 1.. , Execution of Papers. Except as the Board of Directors may generally or In particular cases authorize, all deeds, leases, transfers, contracts, bonds, notes, checks, drafts, and other obi Igatlons made, accepted and endorsed by the corporation shall be signed by the Executive Director, and by either the President, Vice President, or Secretary/Treasurer, unless otherwise authorized or designated by the vote of the Board of Directors. Section 2. fiscal Year. The fiscal year of the corporation \ shal I end each June 30th. Section 3. Deposits. AI I funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such federally insured Institutions as banks, savings and loan associations, trust companies or other depositories as the Board may from time to time select or as may be selected by any officer or employee of the corporation to whom such power may from time to time be delegated by the Board; and 9 for the purpose of such deposit, any officer, or any employee to whom such power may be delegated by the Board, may endorse, ass I gn and de II ver checks, drafts and other orders for the payment of money which are payable to the order of the corporation. Section 4. ,Acceptance of Gifts, Donations, etc. No gift, donation, bequest or subscription to the corporation shall be deemed to have been accepted until acted upon affirmatively by the Board of Directors. Section 5. Administrator (Executive Director). An Administrator shall be selected by the Board of Directors and shall perform the duties designated by the Board of Directors. ! He/she shal I be responsible for the everyday and timely direction of the affairs of the corporation and with measures for the accomplishment of Its purposes; recommend to the Board of Directors such proposals and matters as he/she may deem necessary or desirable; advise, cooperate with, and furnish Information and assistance to all committees for the organization. The Administrator shall be an ex-officio member for all committees, with all rights and privileges except voting. Section 6. Robert's' Rules of Order. When questions arise about the meeting order, the latest edition of "A Handbook of Parliamentary Procedure", which Is attached, will govern the procedure to be followed. 10 '. Section 7. Conflict of Interest. In the procurement of supplies, equipment, construction and services, the provisions of Section 570.611 of TItle 24 Code of Federal Regulations and the Virginia Comprehensive 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, by Its subreclplents, or to Individuals, businesses and other private entities underel Iglble activities which authorize such assistance. The members of the Virginia Beach Community Development Corporation and the Executive Director shall comply with the "Ordinance Establishing a Conflict of Interest Ordinance for the City of Virginia Beach, Virginia; Requiring certain disclosures and providing for the enforcement thereof; establishing penalties for violations". Section 8. Compensation. No director or officer of the corporation shal I be compensated for services rendered to the corporation. This In no way prohibits said directors or officers from being reimbursed for bonafide expenses in accordance with the Virginia Beach City Code. ARTICLE IX INDEMNIFICATION Every person now or hereafter a Director or officer of the corporation (and his/her heirs, executors, and administrators) 1 1 " " sha II be I ndemn I fled by the corporation agal nst all costs and expenses, Including all attorney's fees, Imposed upon or reasonable Incurred by him/her In connection with or resulting from any action, .sult, 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 proceed I ng to be II ab I e for gross neg II gence or will fu I 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. ARTICLE X AMENDMENTS These bylaws may be altered, amended or replaced at any regular or special meeting of the Board of Directors by the vote of a majority of the directors In office at such meeting; but no alteration, amendment or repeal shall be made at a special meeting unless the notice of such meeting shal I specify the proposed alteration, amendment or repeal as the purpose or one of the purposes of such meeting. Such amendments to these bylaws shal I be subject to approval by the City Councl I. 12 - 26 - Item II-H. CONSENT AGENDA ITEM # 26216 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City Council APPROVED in ONE MOTION Items 2, 4, 5 and 6 of the CONSENT AGENDA. Items 1 and 3 were 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 *Councilman John D. Moss VERBALLY ABSTAINED on Item II-H.2 - 27 - Item II-H. 1 CONSENT AGENDA ITEM # 26217 Robert Loher, Director of Permits and Inspections, advised the Building Maintenance Code supersedes the Virginia Beach Minimum House Code and will replace it with a code that equals or surpasses its standards in all pertinent categories. Mr. Loher briefly summarized each of the changes. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council DEFERRED until the City Council Meeting of October 27, 1986: Ordinances to AMEND and REORDAIN/ or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM STATEWIDE BUILDING CODE: AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the Department of Permits and Inspections; REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94, 8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132 and 8-133 - Board of Building Code Appeals; AMEND and REORDAIN Section 8-26 - Uniform Statewide Building Code; AMEND and REORDAIN Section 8-27 - Violations of the Uniform Statewide Building Code; AMEND and REORDAIN Section 8-28 - Penalties for Violation of the Uniform Statewide Building Code; AMEND and REORDAIN Section 8-69 - Board of Building Code Appeals; AMEND and REORDAIN Section 8-70 - Qualifications of Members of the Board of Building Code Appeals; AMEND and REORDAIN Section 8-71 - Removal of Members of the Board of Building Code Appeals; AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building Code of Appeals; AMEND and REORDAIN Section 8-75 - Appeals Generally; AMEND and REORDAIN Section 8-158 - Revocation of Certificates of Competency of Plumbers; AMEND and REORDAIN Section 8-198 - Suspension or Revocation of Certificates of Competency of Electricians; AMEND and REORDAIN Section 16-1 - Designation of the Housing and Property Maintenance Code; AMEND and REORDAIN Section 16-2 - Deleting the Definition of the term "Board"; AMEND and REORDAIN Section 16-3 - Purpose of the Housing and Property Maintenance Code; ADD Section 16- 3.1 - Adoption of Volume Two of the Uniform Statewide Building Code; - 28 - Item II-H. 1 CONSENT AGENDA ITEM # 26217 (Continued) REPEAL Sections 16-4, 16-9,16-12,16-13,16-14,16-15,16-16, Articles II, III, IV, V and VI Housing and Property Maintenance; AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the Housing and Property Maintenance Code; AMEND and REORDAIN Section 16-10 - Local Planning Authority Inspections; AMEND and REORDAIN Section 16-11 - Violations of the Housing and Property Maintenance Code. 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 - 29 - Item II-H.2. CONSENT AGENDA ITEM # 26218 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City Council ADOPTED: Ordinance authorizing the City Manager to execute a license agreement between the City of Virginia Beach and the United States Government for a Satellite Highway Maintenance Yard. 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John D. Moss* Council Members Absent: None *Verbal Vote *Councilman Moss requested a change of his Vote from AYE to ABSTAIN as he wishes to ABSTAIN until he receives an interpretation of the term "Agency". - 29a - C \) n I':' 1 I I", I~ "12 p~ ~ ~ ~ ;'':) v) UJ 1M 0 :> ,-. ~\ ,.J! ~~,. ~+.;". ~~ '" .-; ~ U A ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH, VIRGINIA AND THE UNITED STATES GOVERNMENT FOR A SATELLITE HIGHWAY MAINTENANCE YARD I- ~ ~:~.J L; tt.:,. WHEREAS, the City of Virginia Beach desires to locate a satellite highway maintenance yard at the intersection of Oceana Boulevard and Southern Boulevard; and WHEREAS, the property at said location is owned by the United States Government; and WHEREAS, the U. S. Government agrees to grant a license to the City of Virginia Beach for the use of said property for a period of five (5) years commencing August 1, 1985 and ending July 31, 1990; and WHEREAS, the City Council agrees that the City should license the property: THEREFORE, be it resolved by the Council of the City of Virginia Beach, Virginia; 1. THAT the attached license agreement is hereby approved (Exhibit A). 2. THAT, the City Manager is authorized and directed to execute the license agreement between the City of Virginia Beach and the United States Government for the location of a satellite highway maintenance yard at the intersection of Oceana Boulevard and Southern Boulevard. Adopted by the Council of the City of Virginia Beach on the 20th day of October , 1986. CLL/tap 10/13/86 DF-0986-01202 (satelite.ord) October 20, 1986 _ 29"0 - ". . -::': .-; . '. ( -2~ ( (1. '. - -.... ,',~ ~-,. .~.. oY'" ..~..,""" > ,~...~ . .,0 .v'~S- .......<3 . ...... / . .,r; 'O~ ~;;;tP;1\r." - .~~.:. _ rl>' I' .v..... tJ,j ~.. ~r.'wI ~ AI -(~ rcJ~~~~Cl" ,r> 1-~- ,.' Ie: -. /~ - \" -~.. --,~~ ~- /' ,- t _ ;~-~- .J. .'--.}-: ;;0' f-)I'I ;:', . ~~....J .2 "ie' :/:/~lll/~\) '!> ~. i' ,PH';!' )'~ J~_ ~ .i~ / ~~tjl ~o/' . : ;/ \~?f~--I ~~~ ./~ 'I :'~;)-0'~: . . C' "'-1/ ,.~4 - "~:~ ( ,I' ~\~;=.: L-f,f\'Of\\;l.-h~~ '~~;;r""""'" "7 /; .'/,;1' , ' ' I-::D Av:t ' ~ f,' ' II,' ,_"-:; ,'" ,i \'l~ ' .~ ~r> -...,~~.::::r..\~~ \ p;~~;':~\' I J. ,j' ., c.?J"-=- ,-' . . , / . A^ " 95"\'~';' \\~:7:<: . .~ .\ .~~.:- E;~~"4\1~' ~'Z"t.o . ~ .'2. ~ _ 61:f/.t(?f:. A'O~'~ \ . ~ .~- . c. n1fJ']..'f;;'W ~,>!5 \ tr -;.,I" . \ \ ..' . ~. . . \\oti\~I~~/\\-z..\.O~ ~~ ~ _: SOf/\ttW'N ~~",\.o ~ :. eO\'Jf\'!P\~ \1'1 e.,:_ ~\ ~.. . 5,,;-;I~tdN \'2. :..1~~ \'\. .. - -. C. "...... -....." \ I \ c,. j -:? \~., ~\,/) i ..,J ,1 . \ \ ~ ~ .'\ .\ ...,,0. tt"~"''' ., A'" .~ \ . . . \. pol.... at' ...-a:- ,,;;>' C-Jo '.'~ >'.__", ...... C~ -. -- o~ ,,,,,, ' : .' .'). ~1. ." . ".... "4t.... .......' ,~ ... "- ,.;r.lIj"l ~ ~ . \..~ ,/ ..\}.~\ . 1_\~"~'.nO-. ..-:: "':.c-.. \ "'.'"] . \ \ \ . .-----.---- \--:j,~_L-~~-\ 1-- --.~.--- '/ - ---~....--- _..----- --.--.--.- octo"oer 20, \986 - 30 - Item II-H. 3. CONSENT AGENDA ITEM # 26219 The City Clerk referenced a letter from Mrs. William Grady, Jr., in OPPOSITION. Said letter was dictated by telephone. (The aforementioned letter is here by made a part of the record). Donald Trueblood, City Engineer, responded to Council's inquires and advised said Ordinance would not affect Mrs. Grady's property. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of October, 27, 1986: Ordinance to authorize acquisition of property in fee simple for right-of-way for intersection of Old Great Neck Road and Reagan Avenue and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. This DEFERRAL will enable the City Manager or City Attorney to verify in writing that the aforementioned Ordinance will not affect Mrs. William Grady's property. 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 - 31 - Item II-H.4. CONSENT AGENDA ITEM # 26220 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City Council ADOPTED: Ordinance to authorize the acquisition of real property, easements, either by agreement or by condemnation, for Princess Anne Road Sewer Extension (CIP 6-965). 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 Requested by Public Utilities - 31a - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR PRINCESS ANNE ROAD SEWER EXTENSION CIP 6-965 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to ~ 15.1-236 et seq. and ~ 25-46.1 ~ seq., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "PROPOSED CONSTRUCTION OF PRINCESS ANNE ROAD SEWER EXTENSION, CIP 6-965, G. F. SUTTON AND ASSOCIATES, Engineers and Surveyors, Virginia Beach, Virginia," these plans being on file in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of October , 1 9 86. APPROVED AS TO CONTENTS FORM --......... PR~rg (9/15/86) October 20, 1986 31b - ~~tt~~,~.I" ': ,m ":~~~ i _.__ "1. - ;\. ;.lf~ ~ ;;~.~ ::'~i~~~~~~i:II:~ ~.. // ~~il.i_~~~~~~~~-1_lllj ~11i ~~.._. · . :\0. · ""~Jl W(711 \1 r. ~ I __Y1.. ;..~ V 44 ~-g,. YOJ "'" lolLo i · J f I a ~~~ ~l'. ~ )~ - · ~mp'"l ~~~~-lf -~ "'ft o~'""~~~rk'+"'-~4'8~"~T~" (f .J. ~ ~z ~ ~ .1";' ~ ::~~"'~..,. ~~ ~ ~ ~ '# L,,. Kempsville ~ .. ~ ; , "" ~ ~ . ....lIChW '" ~.r#. ..- -c: ~. rl ... . .';'~7 I......et Ge ";.011: ,~....,~ aVO IS ~...... ~a ~~. ~ ~i K , =c;,...4. ~ ;J:.. , · -~J ~~ HI l~';, ..~~' "'iAl~~~ J ~ '1 r~l \.. ~JPROJECT ARE~A ~,~ -- ~" 4t . ~~'~ ~ ,.:~ ~ ; ...~ ~ "J~~ '" M. l);:'r"4)1~ ~! .$c~f> () ~.J ".. .!' L.~~~.'r -.,: ~... ~~ ~'2l)p.~ 1 .Ji~/y,~ ~ 14 ,-~~~j~"', ,1s.~,~.li '-J~ ~~ ...... .,,1Ii ~ '" '<I "(~ ~ " t t; .;~--' I'" e- I i"# . ~ ... ~ p -..... -- ~ -.iN.' -'IDt_ ~ . ... ^ \._, ~. !~. ~~~ ~~ ~ ~ ........'fA'"'r~w .. 11==_ .. ~1t1\'.~7 ~ ~ \~~\ ~~. :::".."::.- ~ ~.<~ :. ., It · · ". , '"L ).:-.: :'Ii ~:~ ~~ I.-.)'J~' ,~..EI~~~J l~ · '_r ~,."J-1 f, ~~. . .~.. ~ ~~ I "41" ~~., _1 ('k~'f~, .'. ~. ~ ~ ~~ ,s ~~~_~____. '\X ....JL n ~ ie ..~~ "\~ ~~'.. _ ;n~ ~\ ~-....ul'\ PRINCESS ANNE ROAD ii ~ e.... ~ ~" ~J..-r:- ~~:, SEWER EXTENSION CIP 6-965 i I ..' October 20,1 986 - 32 - Item II-I. 5. CONSENT AGENDA ITEM # 26221 Upon motion by Vice Mayor Oberndorf, secondded by Councilwoman McClanan, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate grants in the amount of $30,429 from the Southeastern Virginia Areawide Model Program (SEVAMP) to the Department of Mental Health and Mental Retardation, Health Department for Health Education and Screening, Department of Parks and Recreation for Transportation, and Nutritional Program. 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 - 32a - AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) WHEREAS, the city of Virginia Beach has determined a need to continue to provide health elated services to its elderly population, and WHEREAS, the Federal Government, through the Older Americans Act, makes funds available hrough the Southeastern Virginia Areawide Model Program, Inc. (SEVAMP) for such programs, and WHEREAS, the Department of Parks and Recreation has agreed to assume the transportation : 'esponsibilities for the nutritional program at the Seatack Center, and WHEREAS, the Department of Health has determined a need to continue the SEVAMP Home Heal:.:" Iurse project for health education and screening, and WHEREAS, the Department of Mental Health and Mental Retardation (MH/MR) has determine the leed to provide homemaker and personal care through Community Mental Health, and WHEREAS, SEVAMP Senior Services has awarded the Department of Health $44,350, the Depart- lent of MH/MR $30,429, and the Department of Parks and Recreation $10,040 to provide their abOVE "espective services. and WHEREAS. City Council has already included the amounts for operation of the Health service: Lnd the Parks and Recreation services and has included $55,191 in estimated revenue from SEVAMP .n the FY 1986-1987 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA tha:. ~he City Manager be authorized and directed to accept the grants for the city and that funds in :he amount of $30.429 be appropriated to the Department of Mental Health and Mental Retardation lnd that estimated revenue from SEVAMP be increased by a like amount. BE IT FURTHER ORDAINED that personnel positions as necessary are hereby authorized for th~ luration of the grants to be paid from the grants with classes of the employees to be determine< >y the City Manager. This ordinance shall be in effect from the date of its adoption. ?IRST READING: October 20, 1986 iECOND READING: Adopted by the Council of the City of Virginia Beach. Virginia on the day of - 33 - Item II-H.6. CONSENT AGENDA ITEM # 26222 Upon motion by Vice Mayor Oberndorf, seconded by Councilwman McClanan, City Council ADOPTED: Ordinance to transfer funds in the amount of $90,061 within the 1986-87 operating budget for the Public Works Department to improve sidewalks along Atlantic Avenue. 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 - 33a - AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $90,061 WITHIN THE 1986-87 OPERATING BUDGET FOR THE PUBLIC WORKS DEPARTMENT TO IMPROVE SIDEWALKS ALONG ATLANTIC AVENUE WHEREAS, the City of Virginia Beach desires to improve the Resort Area and further improve pedestrian access and appearance along Atlantic Avenue, and WHEREAS, the City of Virginia Beach desires to further improve the handicapped accessability along Atlantic Avenue, and WHEREAS, funds in the amount of $90,061 are necessary to provide the improvements in order to provide handicapped persons accessibility along Atlantic Avenue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $90,061 in the 1986-87. Operating Budget are to be transferred within the Department of Public Work's Operating Budget to fund sidewalk improvements and increase handicapped person accessibility along Atlantic Avenue. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 20th day of October , 1986. the CAC/I0RDI7.WCK October 20, 1986 - 33b - 9/24/86 ATLANTIC AVENUE (WEST SIDE) From 6th Street to 44th Street 1. Handicap Ramp - 6th Street - S.W. Corner. 2. " "6th Street - N.W. Corner 3. " "Ocean Lake Motel - S.W. Corner 4 . " " " If " - N. W. Corner 5. If If 7th Street - S.W. Corner 6. " " "" N.W. Corner 7. Sidewalk (20'x50') - 702 Atlantic Avenue 8. Handicap Ramp - 9th Street - S.W. Corner 9. " " " " - N. W. Corner 10. " "10th Street - N.W. Corner 11. " "11th" - N.W. Corner 12. Sidewalk (5'x5') - South Beach Gift Shop 13. Entrance (25'x5') - Raven Restaurant 14. Handicap Ramp - 13th Street - N.W. Corner 15. Sidewalk (5'x5') - Golden Sands Motel 16. Handicap Ramp - 16th Street - West side. 17. Sidewalk (10'x50') Wax Museum 18. Handicap Ramp - 17th Street - S.W. Corner 19. Sidewalk (120'x12') - Puritan Restaurant 20. " (5' x5' ) Memory Lane Photos 21. " (13'x4') 1714 Atlantic Avenue 22. " (5'x5') 18th St. at Lemon Tree 23. Handicap Ramp - 18th Street - West Side 24. Sidewalk (225'x14') - 18th Street to 18~ Street 25. " (34'x6') - Scandals at 18~ Street 26. Sidewalk (5'x12') - Price King at 18~ Street 27. " (336'x13') - 19th Street to 20th Street 28. Handicap Ramp - 20th Street - S.W. Corner 29. " " " " - N.W. Corner 30. Sidewalk (336'x13') - 21st Street to 22nd Street 31. " (4'x4') 2206 Atlantic Avenue 32. " (5'x5') In front of Ocean Fries - 23rd Street 33. Handicap Ramp - 24th Street - N.W. Corner 34. Sidewalk (18'x51) - In front of Old Coast Guard Bldg. 35. " (15'x5') - 24l2-B Atlantic Ave. 36. " (246'x12') - 25th Street, Milton's 37. Handicap Ramp - 26th Street - West Side 38. Sidewalk (12'x5') - In front of Park Place - 26th Street 39. Handicap Ramp - 27th Street - west side 40. Sidewalk (15'x5') - in front of Viking Motel 41. Entrance - 27th Street - Viking Motel 42. Sidewalk (4'x4') - in front of Plantation Motel 43. Handicap Ramp - 30th Street - by Fathoms Restaurant 44. " " " " - N.W. Corner 45. Entrance - 30~ Street (22~'xlO') 46. Sidewalk (10'x8') - Beach Jewelry 47. Sidewalk (10'x8') - Pancake Palace 48. Handicap Ramp - 31st Street - S.W. Corner 49. " "- N.W. Corner 50. Entrance (10'x5') - Exxon Station - south entrance October 20, 1986 - 33c - 9/24/86 ATLANTIC AVENUE (WEST SIDE) (Continued) 51. Entrance (ll'xll') - Exxon Station 52. II (lO'xll') II II 53. II (12'x8') - North end Exxon Station 54. II (10'x5') - Ocean House Motel - South end 55. II (20'x5') Seafood Harbor Restaurant 56. II (18'xlO') Seafood Harbor REstaurant 57. Sidewalk (3'x9') - Pole #ME-37 58. Entrance (10'x5') - Peter Pan Cakes 59. Handicap Ramp - 33rd Street - S.W. Corner 60. Sidewalk (8'x5') - Laza Shirts 61. Handicap Ramp - 33rd Street - N.W. Corner 62. Sidewalk (5'x5') - 40' north of 34th Street 63. II (5'x8' )(5Ix4') - Mayflower sidewalk entrances. 64. Handicap Ramp - 35th Street - S.W. Corner 65. II II II " - N. W. Corner 66. Sidewalk (18'x5') - 3504 Atlantic Avenue 67. Entrance (15'x9') - 35~ Street 68. II (9'x9') - Royal Clipper Motel (south entrance) 69. Handicap Ramp - 36th Street - N.W. Corner 70. Sidewalk (6'x5' )(8'x5' )35'x5') between 37th Street & 37~ Street 71. Entrance (25'x6') - 37~ Street 72. Sidewalk (70'x4') = South of 37~ Street 73. Handicap Ramp - 40th Street - S.W. Corner 74. II II " " - N.W. Corner 75. Sidewalk (85'x4') - 75' south of Cavalier pedestrian light. 76. Sidewalk (51'x4') - at Cavalier pedestrian light. 77. Sidewalk (30~x4')- 75' south of 42nd Street 78. Handicap Ramp - 42nd Street - S.W. Corner 79. Curb & Gutter (between 5th & 6th Streets) - 50ft. 80. Curb & Gutter (13th Street) - 50 ft. October 20, 1986 ~ I.... 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. '35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. - 33 d - ATLANTIC AVENUE - EAST SIDE 2nd Street to 44th Street Sidewalk (10'x4') - Between (2) entrances at Lighthouse Restaurant Handicap Ramp - 3rd Street S.E. Corner " " 3rd Street N.E. Corner " " at CG-9D Dolphin Run Motel " " at CG-9D -" " "N.E. Corner Sidewalk (10'x5') at catch basin in front of Dolphin Run Handicap Ramp - 4th Street S.E. Corner " "" " N.E. " " "" " 20' south of S.E. Corner Sidewalk (5'x3') -5th Street S.E. Corner Handicap Ramp - 6th Street N.E. Corner " "- Laverne's Restaurant (Replace) Sidewalk (5'x4') - in front of Laverne's Restaurant " ( 10' x4' ) - "" " " " (5'x4') - By entrance to " " Handicap Ramp - 8th Street S.E. Corner Sidewalk - (11.5'x18') Barclay Farms Handicap Ramp - 10th Street S.E. Corner II " II .. N.E. .. Sidewalk (6'x14') - in front of Holiday Sands Handicap Ramp - 11th Street S.E. Corner Sidewalk (4'x4') - in front of Best Western " (10"X4') - 10' south of 12th Street Handicap Ramp - 12th Street S.E. Corner " .. .. .1 N.E. .. " " - 13th Street S.E. Corner II .. '1 .. N.E. .. Sidewalk (J5'x4') in front of Virginia Beach Pier " (20' x5') - in front of Mdonalds " (6lx6') - 25' south of 14th Street Handicap Ramp - 16th Street East side of Atlantic Avenue Sidewalk (5'x8') - in front of Wind Jammer - 19th Street " (5'xlO') - 19th Street in front of Dairy Queen " (5'x5') - Entrance to Aquarius 19th Street Curb & Gutter (20') Close entrance south of 20th Street Sidewalk (63'x8') - in front of Saxony Hotel Handicap Ramp - 21st Street and side Sidewalk (5'x9') - in front of Triton Towers 22~ Street " (30'xlO') - 2301 Atlantic Avenue (Waves Motel) " ( 15' x6') - " " " Handicap RAmp - 26th Street - east side of Atlantic Avenue Sidewalk (5'x5') - in front of Avamere Motel 26th Street Handicap Ramp - 28th Street - east side of Atlantic Avenue Sidewalk (5'x3') in front of McDonalds 28th Street Entrance (20'xlO') between 30th to 31st Street Sidewalk (8'x7') - at 29th Street " (28'x8') - in front of Oceanfront Inn - 29~ Street " (5'x4') - 19' south of pole #74-A " (8'xlO' )(8'xlO' )(8'xlO') in front of Seaside Park October 20, 1986 - 33 e - 9/24/86 ATLANTIC AVENUE - EAST SIDE (Sheet 2) 2nd Street to 44th Street 50. A. Entrance (16'x7.5') south entrance to Diplomat B. " (15.5x7.5) north" " .. C. Sidewalk (5'x4') at Pole #78-B 51. Handicap Ramp - 34th Street S.E. Corner 52. A. Sidewalk (8.5'x4.5') - 8' north of south entrance Thunderbird B. " (4' x4) - by pole #8lB guy wire C. Entrance (30'x7') north entrance Thunderbird Motel D. Sidewalk (9.5'x4') - north side of entrance Thunderbird 53. A. Handicap Ramp - 35th Street S.E. Corner B. II 'f II 11 N.E. II C. Sidewalk (5.5'x7.5') - 40' north of 35th Street D. " (7'x7.5') - South side of Sheraton entrance E. " (7.5'x5') - 50' north of II " 54. A. Handicap Ramp - 36th Street S.E. Corner B. II II " '1 N.E. I' 55. " "37th" S.E. II 56. II 'I " II N.E. II 57. .. II 38th II S.E. II 58. II II .1 'I N.E. .1 59. Sidewalks (12'x4') at 3800 Condos 60. (6'x5') by Pole #89 61. (11.5'x7') 20' north of 39th Street 62. (8.5' x7') Pole #90-A 63. (10'x7') - 45' north of pole #90-A 64. (6'x5') - 39~ Street 65. A. (8.5'x4') at south entrance Merrill-Lynch B. (8.5'x4') at north side of entrance 66. Entrance (25'x7') north entrance to Merrill-Lynch A. Sidewalk (14'x4') south of north entrance B. II (4'x4') north side of north entrance 67. Handicap ramp - 42nd Street N.E. Corner 68. Sidewalk (4'x4') - 20' north of pole #KN-06 69. II (4'x4') - at Pole #KN-04 70. Handicap Ramp - 43rd Street S.E.Corner 71. I' II I' II N.E. 'I 72. Sidewalk (30'x4.5') - 43~ Street southsi 73. II (8'x4.5') - 50' north of 43~ Street October 20, 1986 - 34 - Item 11-1.1 APPOINTMENTS ITEM # 26223 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the VIRGINIA BEACH ARTS CENTER: BOARD OF TRUSTEES/EXECUTIVE COMMITTEE P. Thomas Cantrell Louise Lowenthal Two Year Terms November 1, 1986 to October 31, 1988 Ruth Laakso Ernest Lendman Three Year Terms November 1, 1986 to October 31, 1989 David M. Grochmal City Council Liaison 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 - 35 - Item II-I. 2. APPOINTMENTS ITEM # 26224 Upon NOMINATION by Councilman Baum, City Council APPOINTED to the VIRGINIA BEACH 1986 BOND REFERENDA COMMITTEE: William A. Schlimgen Representing Chamber of Commerce Rae H. LaSesne Representing Council of Civic Organizations G. Garland Payne Reresenting Parks & Recreation Commission John A. Fahey Representing Virginia Beach School Board R. Bradshaw Pulley Citizen-At-Large 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 - 36 - Item II-J. 3. APPOINTMENTS ITEM # 26225 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the BOARD OF PLUMBING AND MECHANICAL APPEALS: Oscar E. Northen, Jr., Two Year Term November 1, 1986 to December 31, 1988 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 II - 37 - 1 II-I. 4 lu'.t'UINTMENTS ITEM # 26226 Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED to THE TRANSPORTATION SAFETY COMMISSION: G. Dwight Blankenbaker Walter Royal Three Year Terms November 1, 1986 to October 31, 1989 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 II - .38 - Item II-J.1. NEW BUSINESS INTERIM FINANCIAL STATEMENTS - July 1, 1985 through ITEM # 26227 June .30, 1986. Giles Dodd, Assistant City Manager for Administration, presented the INTERIM FINANCIAL STATEMENTS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, for the Period July 1, 1985 through June 30, 1986. (Copy of same is hereby made a part of the record. ) Giles Dodd referenced Exhibit A and advised the General Fund Revenues for Fiscal 1986 totaled $27.3,142,92.3. This report is the final Interim Report of June .30, 1986. Revenues in every major category in Fiscal 1986 were equal to or exceeded the Budget Estimates with the exception of "Fines and Forfeitures" and the Category enti tled "Other" which includes Charges for Services, Miscellaneous Revenue, Revenue from the Federal Government, Non-Revenue Receipts and Transfers from Other Funds. "Fines and Forfeitures" were 7.6% under the amount of the Budget estimate and the "Other" Category was exactly 10% under the Budget Estimate. Actual Revenues exceeded Estimates by approximately $2-MILLION. There has been a growth in Fiscal Revenues for Fiscal 1986 of 11.4%. Growth rates in Fiscal 1985 were indicated at 15-1/2%. However, Revenues from Property Taxes grew at a 14-1/2% rate in Fiscal 1986. n~+~ho~?n 10Rh II - 39 - Item II-K. 2 NEW BUSINESS ITEM # 26228 ADD-ON Steven H. Davidson, the application, represented himself, and advised his home is located in the middle of the proposed realignment of Princess Anne Road. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council will RECONSIDER at the City Council Meeting of November 17, 1986, a condition of an Ordinance upon application of STEVEN H. DAVIDSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING R01085787 Ordinance upon application of Steven H. Davidson for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on proeprty located on the east side of Princess Anne Road, 1056 feet south of Pungo Ferry Road. Said parel is located at 686 Princess Anne Road and contains 13 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. This Ordinance was ADOPTED on October 14, 1985. The following condition will be RECONSIDERED: 1. A reservation of right-of-way thru this parcel to provide for an ultimate 94-foot right-of-way for Princess Anne Road Relocated in accordance with the Master Street and Highway Plan and the "Princess Anne Road a t Pungo Ferry Road" preliminary alignment on file in the City Engineer's Office. Ci ty Council authorized a Temporary Occupancy Permit from the Department of Permits and Inspections to allow Mr. Davidson to occupy his new home in the interim. 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 \' - 40 - Item II-L. 1 ADJOURNMENT ITEM # 26229 Upon motion by Councilman Moss, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:55 P.M. /~~ . <--// (_.0.t:H-~ C~ rlf-u4J Beverly . Hooks Chief Deputy City Clerk ~~~ uth Hodge Smith, CMC City Clerk City of Virginia Beach Virginia