MARCH 17, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
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MAYOR HAROLD HEISCHOBF& Ai Um.
VIrE.MAYOR RFBA S. MCLANAM. P-- A- @A
JOHN A. BA UM. @@ @h
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LOUIS Jt JONW, @ @A
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J. HENRY M.COY. JR., K@ @k
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CITY COUNCIL AGENDA VLRGINIA @ CH. VIRGIVIA MUM
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March 17, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BFACH CITY COUNCIL - Conference Room - 12:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. NOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend Richard E. Faris
Foundry United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of March 10, 1986.
C. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Lynn Shore Drive in the petition of Thomas and Rita Vojtek
(Kempsville Borough)
DEFERRED by City Council October 10, 1983,
November 14, 1983, January 16, 1984, February 27, 1984 and
February 24, 1986
RECOMKENDATION: DENIAL
2. Application of Patricia F. Hurd for a variance to Section
4.4(d) of the Subdivision Ordinance which requires that all
lots have direct access to a public street. This 2.115
acre site is located 370 feet more or less Southwest of
the Southern terminus of Hurds Road (Lynnhaven Borough).
Recommendation: APPROVAL
3. Application of Galore Associates, for Earl and Lula P.
Wilson for changes of zoning located at the east side of
Rolland Road (P@incess Anne Borough):
From AG-2 Agricultural District to R-6 Residential District
on a 3.95 acre parcel
AND;
From AC-1 Agricultural District to R-6 Residential District
on a 20.06 acre parcel
Recommendation: APPROVAL
4. Application of J. J. and Marie B. Waterfield for.changes of
zonine, located at the north side of 1001 Virginia Avenue
Tvi-rgi@nia Beach/Lynnhaven Boroughs):
From R-7 Residential District to A-2 Apartment District
on a 10,410.84 square foot parcel
AND,
From A-1 Apartment District to A-2 Apartment District on a
1.438 acre parcel
Recommendation: APPROVAL
11. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
1. Resolutions approving the issuance of Industrial
Development Revenue Bonds:
a. LPS Management $ 425,000
b. Balboa Associates $9,000,000
c. MANCON FACILITY (Alfred & Mary Clarke) $1,600,000
d. Architectural Graphics, Inc. $1,750,000
1. ORDINANCE
1. Ordinance authorizing conversion of a nonconforming use
located at 444 South Lynnhaven Road (property of Giant
Square Shopping Center Company).
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution in application to the State Board of Education
for a loan of $2,000,000 from the Literary Fund to the
Virginia Beach School Board.
2. Resolution of the City Council of the City of Virginia
Reach amending the lease of April 10, 1965, with the School
Board pertaining to certain real estate owned by the
Commonwealth of Virginia, Department of Military Affairs.
3. Ordinance to amend and reordain Section 21-76 of the Code
of the City of Virginia Beach, Virginia pertaining to
Proration of Tax.
4. Ordinance to amend and reordain Section 21-86 of the Code
of the City of Virginia Beach, Virginia, pertaining to
Refund for Unused Portion of Tax.
5. Ordinance upon SECOND READING to accept and appropriate
$15,000 from Tidewater Children's Foundation and $7,500
from the Chesapeake School Board to establish a temporary
position for the Pendleton Child Service Center for the
School-Based Intervention Module.
6. Ordinance upon FIRST READING to accept and appropriate
funds in the amount of $15,000 for the Development of the
Linkhorn Bay Neighborhood Park.
7. Ordinance upon FIRST READING to accept and appropriate
funds in the amount of $20,000 for improvements to the
Great Neck Meadows Park Site.
8. Ordinance upon FIRST READING to accept and appropriate
funds in the amount of $750,000 for the acquisition of a
dredge.
9 ordinance upon FIRST READING to accept and appropriate
funds in the amount of $151,507 for Project #2-001
Indian River Road Box Culvert.
10. Ordinance to transfer appropriations in the amount of
$32,000 for the design of the Back Bay Salt Water Line
Extension.
11. FINAL APPROVAL of Ordinance closing, vacating, and
discontinuing portion of Claudia Drive in the petition of
City of Virginia Beach.
12. Ordinance appointing viewers in the petition of George
Loizou for the closure of a portion of Broad Street.
13. Ordinance authorizing tax refunds in the amount of
$3,921.46.
14. Ordinance authorizing license refunds in the amount of
$1,289.02.
K. APPOINTHENTS
1. HISTORICAL REVIEW BOARD
2. PLANNING COUNCIL
3. PUBLIC LIBRARY BOARD
L. UNFINISHED BUSINESS
CONFLICT OF INTERESTS/CODE OF ETHICS
M. NEW BUSINESS
1. Elderly Issues in Virginia Beach
Presentation:
Mr. Hector Rivera
Assistant City Manago-r for Human Services
2. REQUEST FOR RECONSIDERATION No. CC 001: Waiver to
condition imposed June 18, 1973, in street closure petition
of Ninitz, Taylor, Scott and Culpepper.
3. REQUEST FOR RECONSIDERATION No. CC 002: Waiver to
condition imposed June 15, 1981, in the change of zoning
application of The Christian Broadcasting Network, Inc.
N. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
April 1 Special Session of City Council for
Presentation 12 Noon
April 1-16 City Council's Review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 FM
April 22 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop -
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 17, 1986
The Regular Meeting of the Council of the City of Virginia Reach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, March 17, 1986, at 12:12 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert C.
Jones, Vice Mayor Reba S. McClanan a,,id Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones (Entered 12:20 P.M.)
J. Henry McCoy, Jr., D.D.S. (Entered 12:18 P.M.)
- 2 -
ITEM # 25088
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to See-lion 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion of employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL 14ATTERS: Consultation with legal courisel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, (Entered: 12:20 P.M.)
J. Henry McCoy, Jr., D.D.S. (Entered: 12:18 P.M.)
March 17, 1986
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 17, 1986
2:10 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
March 17, 1986, at 2:10 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Richard E. Faris
Foundry United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mar h 7
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 25089
The City Manager referenced an Ordinance to amend and reordain Section
21-76 of the Code of the City of Virginia Beach, Virginia, pertaining to
Proration of Tax and Ordinance to amend and reordain Section 21-86 of the
Code of the City of Virginia Beach, Virginia, pertaining to Refund for
Unused Portion of Tax. (See Item II-3 and 11-4 of the CONSENT AGENDA).
The City Manager requested these items be DEFERRED INDEFINITELY for
procurement of additional information.
March 17, 1986
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTER
Item II-E.1 ITEM # 25090
Councilman Louis Jones referenced a REQUEST FOR RECONSIDEPATION of an
Ordinance upon application of CRYSTAL POINT ASSOCIATES for Changes of
Zonings from R-1 to R-8 and from R-8 to PD-H2 which had been DENIED by City
Council on February 18, 1986.
This item will be ADDED to the AGENDA after APPROVAL of the MINUTES and
before the first item of PLANNING.
Item II-E.2. ITEM # 25091
Vice Mayor McClanan referenced the REQUFST FOR RECONSIDERATION No. CC 002
Waiver to Condition imposed June 15, 1981, in the change of zoning
application of The Christian Broadcasting Network, Inc. (See Item II-M.3 of
NEW BUSINESS).
Vice Mayor McClanan advised this RECONSIDERATION is equivalent to a
rezoning and would require discussion.
6
Item II-F.1
MINUTES ITEM 25092
Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of March 10, 1986.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, Robert G. Jones, Louis R. JoneS, Vice Mayor Reba S. McClanan
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S.
7
Item II-G.1
PLANNING ITEM 25093
Thomas Vojtek, the applicant, represented himself and requested
reconsideration of the purchase of the property which the applicants
have maintained for over twenty-two years.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and
discontinuing a portion of Lynn Shore Drive in the petition of THOMAS M.
AND RITA K. VOJTECK and THOMAS G. & IRMA C. HARTY.
Application of Thomas M. & Rita K. Vojtek and
Thomas G & Irma C. Harty for the discontinuance,
closure and abandonment of a portion of Lynn Shores
Drive beginning at the southwest intersection of
Lynn Shores Drive and Rumford Lane, running a
distance of 161.34 feet along the west side of Lynn
Shores Drive, running a distance of 35 feet more or
less along the southern property line, running a
distance of 208 feet more or less along the western
property line and running a distance of 20.87 feet
more or less along the south side of Rumford Lane.
Said parcel contains 6,093 square feet. KEMPSVILLE
BOROUGH.
Rather than appraisal value, the applicant shall pay $1800 to the City of
Virginia Beach as an equitable amount for the purchase as outlined in
Condition 1:
The ultimate disposition of this right-of-way shall be by
purchase rather than by direct conveyance, subject to
determination by the City Attorney's Office.
Councilman Baum requested the staff, in conjunction with the City Real
Estate Assessor, review their procedures doncerning appraisal of such
properties.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUT.NG A PORTION OF THAT
CERTAIN STF.EET OF VARLKBLE WIDTH, KNOWN As LYNN SHORES DRIVE, AS SHOWN
ON THAT CERTAIN PLAT ENTITLED -PLAT OF STREET CLOSURE OF A PORTION OF
LYNN SHORES DRIVE (FORMERL-I WESTBROOK @), BETWEEN ELBA STREET AND
RUMFORD LANE, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA-, WHICII PLAT
IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINIA BEACH, VIRGINIA IN HAP BOOK 41, AT PAGE 13 AND IN MAP BOOK 52,
AT PAGE 7.
WHEREAS, it appearing by Affidavit that proper notice has
been giveu by Thomas M. Vojtek, Rita K. Vojtek, Thomas G. Harty and Irma
C. Harty, that they would make application to the Council of the City
of Virgiaia Bekch, Virgiaia oa 1983, to have the
hereinafter described street discontinued, closed and vacated; and
WHERFAS, it is the'judgment of the Council that said street be
discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the CouncJ.1 of the City of Virginia Beach,
That the hereinafter described street is to be discontinued, closed and
vacated:
PARCEL A: Beginning at a point of curve, said point being S. 70* 171 24-
W. 10.001 from the northwest intersection of Elba Street and Lyun Shores
Drive; thence proceeding in a northeast to northeru direction along a
curve to the left having a radius of 10.001 a distance along the arc of
15.711 to a point of tangency; thence proceeding N. 19* 421 36- W. 50.101
to a point; thence proceediag N. 56' 311 56' W. 17.581 to a poiut; thence
turning and proceeding N. 89@ 00' 21" E. 53.00' to a point; thence turning
and proceeding in a southerly direction along a curve to the left having
a radius of 750.00' a distance along the arc of 51.921 to a poine of
reverse curve; thence proceeding in a south to southwesterly direction along
a curve to the right having a radius of 10.00' a distance aloag the arc
of 13.131 to a point of tangency; thence proceeding S. 70* 17' 24- W.
25.041 to the point of beginning. Parcel containing 2,093 square feet.
PARCEL B: Beginning at a point of curve, said point being S. 56@ 31' 56-
E. 10.871 from the southwest intersection of Rumford Lane and Lynn Shores
Drive; thence proceeding in a southeast to southerly direction aloug a
curve to the right having a radius of 10.00' a distance along the are of
11.151 to a point of reverse curve; thence proceediag in a southerly
direction along a curve to the left having a radius of 750.00 1 a distance
along the arc of 109.421 to a point; thence turning and proceeding S. 89*
UOI 21- W. 53.001 to a point; thence turning and proceeding N. 19'
j6' 19' E. 125.831 to a point of curve; thence proceeding in a north to
northwesterly direction along a curve to the left having a radius of
i 10.001 a distance along the arc of 13.351 to a point of tangency; thence
turning and proceeding S. 56* 31' 56" E. 18.75' to the point of beginning.
Parcel containing 4,000 square feet.
All of the above as shown upon that certain plat entitled "Plat
of Street Closure of a Portion of Lynn Shores Drive (foraerly Westbrook
Lane), be'tween Elba Street aud Rumford Lane, Bayside Borough, Virginia
Beach, Virginia-, which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the aforedescribed
street.
SECTION 11
A certified copy of this Ordinance shall be filed in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, as if
it were a deed to laud.
SECTION iii
This Ordinance shall be effective tbirty (30) days from the date
of its passage.
FINAL APPROVAL: March-17, 1986
8
Item II-G.2
PLANNING ITEM 25094
Bruce H. Gallup represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council APPROVED application of PATRICA F. HURD for a Variance to
Section 4.4(d) of the Subdivison Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Patricia F. Hurd.
Property is located 370 feet more or less southwest
of the southern terminus of Hurds Road. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Any new septic tanks shall be placed as far as possible from the
Lynnhaven River side of the quadrant.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Ro@ert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.ST and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL AYE
9
Item II-G.3
PLANNING ITEM 25095
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council ADOPTED Ordinances upon application of GALORE ASSOCIATES for EARL
AND LULA P. WILSON for Changes of Zoning:
ORDINANCE UPON APPLICATION OF GALORE ASSOCIATES FOR
EARL AND LULA P. WILSON FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2 TO R-6 Z03861071
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Galore Associates for
Earl and Lula P. Wilson for a Change of Zoning
District Classification from A -@2 Agricultural
District to R-6 Residential District on property
located on the east side of Holland Road, 2300 feet
south of Monet Drive. Said parcel contains 3.95
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF GALORE ASSOCIATES FOR
EARL AND LULA P. WILSON FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 TO R-6 Z03861072
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Galore Associates for
Earl and Lula P. Wilson for a Change of Zoning
District Classification from A5--l Agricultural
District to R-6 Residential District on property
located 600 feet east of Holland Road, 2210 feet
more or less south of Monet Drive. Said parcel
contains 20.06 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The density shall be limited to three (3) dwelling units per acre
for a maximum of fifty-five (55) dwelling units.
2. Agreement shall be executed and recorded with the Clerk of the
Circuit Court encompassing the above condition.
Prior to the changing of the official zoning maps, the following conditions
shall be met:
3. A 30-foot dedication along the frontage on Holland Road, 45 feet
from the centerline of the old 30-foot right-of-way to provide
for an ultimate 90-foot right-of-way as per the Master Street and
Highway Plan.
4. A 100-foot dedication is required at the rear of this property
for the Canal #2 South project for an ultimate 300-foot easement.
March 17, 1986
-10 -
Item II-G.3
PLANNING ITEM # 25095 (Continued)
These Ordinances shall be effetive upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of March, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
March 17, 1986
Item II-G.4.
PLANNING ITEM 25096
Attorney Robert Cromwell represented the applicant and presented
photographs of rear view of applicant's property (said photographs
are hereby made a part of the record).
Diana Close, President of the Shadowlawn Civic League, spoke in OPPOSITION.
The City Clerk referenced a letter from Captain L. F. Norton advising said
application lies within the AICUZ NOISE ZONE 3.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of J. J. AND MARIE B.
WATERFIELD for Changes of Zoning:
ORDINANCE UPON APPLICATION OF J. J. WATERFIELD AND
MARIE B. WATERFIELD FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-7 TO A-2 Z03861073
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of J. J. Waterfield and
Marie B. Waterfield for a Change of Zoning District
Classification from R-7 Residential District to A-2
Apartment District on property located on the north
side of Virginia Avenue, 370 feet west of Rudee
Avenue. Said parcel is located at 1001 Virginia
Avenue and contains 10,410.84 square feet. Plats
with more detailed information are available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF J. J. WATERFIELD AND
MARIE B. WATERFIELD FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO A-2 Z03861074
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACR,
VIRGINIA
Ordinance upon application of J. J. Waterfield and
Marie B. Waterfield for a Change of Zoning District
Classification from A-1 Apartment District to A-2
Apartment District on property located on the north
side of Virginia Avenue, 490 feet west of Rudee
Avenue. Said parcel is located at 1001 Virginia
Avenue and contains 1.438 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
- 12 -
Item II-G.4
PLANNING ITEM # 25096 (Continued)
The following conditions shall be required:
1. A noise disclosure statement shall be given to each tenant.
2. An adequate 15-foot buffer is required along the eastern property
line. (This shall be "Category 2" buffering).
3. An Ageement encompassing the above conditions shall be recorded
with the Clerk of the Circuit Court.
Prior to the changing of the official zoning maps, the following
requirement shall be met:
4. A 10-foot dedication along the frontage on Virginia Avenue, 25
feet from the centerline of the old 30-foot right-of-way to
provide for an ultimate 50-foot standard right-of-way.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of March, Nineteen Hundred and Eighty-six.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McCianan and Meyera E.
Oberndorf
Council Members Absent:
None
- 13 -
Item II-H.l.a/c/d.
RESOLUTIONS - INDUSTRI" DEVELOPMENT REVENUE BONDS
ITEM # 25097
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED Resolutions approving the issuance of Industrial
Development Revenue Bonds:
LPS MANAGEMENT* $ 425,000
MACON FACILITY
Alfred & Mary Clarke $1,600,000
ARCHITECTURAL GRAPHICS, INC. $1,750,000
*This is an AMENDED Resolution iucreasing the amount of the Bond. City
Council hereby rescinded Resolution concerning same ADOPTED on August 5,
1985.
The Mayor advised of a correction in the Fiscal Impact Statement of LPS
MANAGEMENT FACILITY. The estimated number of regular employees on a year
'round basis is 25 as opposed to 25,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
March 17 1986
FOR CITY COUNCIL'S MARCH 17, 1986, AGENDA:
MANUFACTURING
LPS Management - $425,000
HOTEL
Bdlboa Associates - $9,000,000
OFFICE/WAREHOUSE
Alfred Clarke & Mary Clarke - $1,600,000
Architectural Graphics, Inc. - $1.750,000
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: LPS Management Facility
2. LOCATION: 5752 Princess Anne Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: M:;:f
,:cotur:.,mcust.mi@ati.n a.d
r f puter hardware,
software and LAN networks.
4. AMOUNT OF BOND ISSUE: $425,000
S. PRINCIPALS: Stocktnn N- q@it-h
Frank G- T,naAn- TTT
Charles L- Phelns
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
I I/ 5/ 8 3
FISCAL IMPACT STATEMENT
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: LPS Management Facility
TYPE OF FACILITY: Facility for the manufacture, customization and
repair of computer hardware, software and LAN networks.
1. Maximum amount of financing sought $ 4 2 500 0
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 365,000
3. Estimated real property tax per year
using present tax rates $ 2,920
4. Estimated personal property tax per
year using present tax rates $ 1,500
S. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 1,000
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 569,000
7. Estimated number of regular employees on
year round basis 25,000
8. Average annual salary per employee $ 20 , 0 00
The information contained in this Statement is based solelv
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 425,000
2. Amount of industrial revenue bond financing
sought
2 5 , 0 00
3. Estimated taxable value of the facility's
real property to be constructed in the City
Of Virginia Beach
65,000
4. Estimated real property tax per year using
present taX rate 2 920.00
S. Estimated personal property tax
0 . 0 0
6. Economic impact statement demonstrating the
overall return to' the . city:
A. Number of new job@s 12
B. Payroll generated $240,000 Av. Wage $20,000
C. Number of jobs retain@d 13
D. Payroll retained $260,000 Av. Wage $20,000
E. Estimate Of the value of goc>ds- and services Purchased
within the @gec>graphic boundary of Virginia Beach by
type (inventory, machinery, professional ser'vices,
insurance,'motor vehicles, etc.):
Type Value
Inventorv $500,000
-Insurance $ 9,000
Vehicles $ 20,000
TOTAL S 569,000
F'. Estimated building permit fee and other municipal
fees
.00
G. Estimated construction payroll $ 00.00
R. Estimated value of construction material
to be Purchased within the Ci ty of
Virginia Beach
50 000.00
L'Stimated number of construction jobs
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project N/A
7 Is the site currently.zoned for the use Of being proposeld
for industrial reven.ue bond financing? Yes X No
S. Has a bo@nd Purchase agreement/commitr.,e,t been accepted by
the applicant? (attach a.copy) Yes x 'No
9- Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yesx
No
10. LOCation of Project (attach location map)
5752 pr-'- Road. Virgin lia23462
11- Explanation of alternative financing that has been
reviewed for project N/A
I hereby certify that the information stated in the above
Economic impact Statement-is accurate and true in all resdects.
(Appl@
ubscribed and sworn to before me this izI day o
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PROJF.CT IIA-mE: LPS -Management Facilitv
PROJEC-@ ADDRESS: 5752 Drincess Anne Road
@lirginia Beach, Virginia
PRO-IECT TYPE: Facility for the manufacture, custor,ization and re-air
of comouter hard,.@are, soft%,tare and LP.1-1 networks.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS TO LPS MMAGEMENT
WHEREAS, the City of Virginia Beach Development Authority
(the 'Authority'), has considered the application of LPS
Managment (the 'Company') for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$425,000 (the 'Bonds') to assist in the financing of the Compa-
ny's acquisition, renovation, rehabilitation and equipping of a
facility for the manufacture, customization and repair of com-
puter hardware, software and LkN networks (all improvements and
land being collectively referred to as the 'Facility") to be
located at 5752 Princess Anne Road, in Virginia Beach, Vir-
ginia, and has held a public hearing thereon on March 11,
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 S15.1-1378.1, Code of virginia, 1950,
as amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of virginia
Beach Development Authority, in a principal amount not to ex-
ceed $425,000 for financing the acquisition, renovation, reha-
bilitation and equipping of a facility for the manufacture,
customization and repair of computer hardware, software and LAN
networks to be located at 5752 Princess Anne Road in Virginia
Beach, Virginia for the benefit of LPS Management, to the ex-
tent required by Section 103(k) of the Internal Revenue Code,
to permit the Authority to assist in the financing of the Fa-
cility.
2. The approval of the issuance of the Bonds, as re-
quired by Section 103(k), does not constitute an endorsement of
the Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia ACTS of ASsembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and mon-
eys pledged therefor, and neither the faith or credit nor the
taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employ-
ees and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including but not limited to
any decision by the Authority in its sole discretion to allo-
cate its allowable private activity bond limit to one or more
other projects; or (2) the Authority's failure for any reason
after the issuance of the Bonds for the Facility to allocate a
portion of its allowable private activity bond limit to the Fa-
cility if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter en-
acted.
4. By adoption of this Resolution, the City Council
hereby rescinds its resolution adopted on August 5, 1985.
5. This Resolution shall take effect immediately upon
its adoption.
-2-
Adopted by a majority of a quorum of the Council of the
city of Virginia Beach, virginia, on March 17 , 1986.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held
Clerk
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: MANCON FACILITY (Alfred & Mary Clarke)
2. LOCATION: 1617 Diamond Springs Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: Office/warehouse facility - 50%
to be leased to Management
Consulting, Inc. for use in the
operation of its logistics
services business
4. AMOUNT OF BOND ISSUE: $1,600,000
5. PRINCIPALS: Alfred Clarke and Mary Clarke
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: I-I
b. Is rezoning proposed? No
C. if so, to what zoning
classification? N/A
FISCAL IPIPACT s,rATEMENT
l-'Ui@ IIRC)IIOSED IMDUSTRIAL I@VLNUE BOND FINANCING
Pebruary 10, 1986
TilE CITY COUNCIL OF VIRGIIQIA BEACtf, VIRGINIA
Pil'u,@@iECT NAME: I'LANCON PICILITY (Aliced Mary Clarke)
Cjk' FACILITY: office/Warohouse
1. Maxiiiiuiii ainount of finincing SL)ught $1,600,OOU
1. I..stiniated taxabl@ vialue c)@C ttia
f,icilityl,- real property to b,!
constructc-d in the iaunicipality $ 202,500
(renovations oily)
3. Estiiiiated r@al property tax p@r
Y,.ar u6ing prusvnt tax ral@s $ 1,620
(ruiiovations ozily)
4. L6tintated personal prop.rty tax
I)ur year using present tax rltes s 12,000
Et;tiRiated ni,!rcliziiits' cAriLal
(businL,ss liceiise) tax pur
y@,Ar using present tax rates $ 5,120
t'. L@!itiiiiated dc)llar value pur year
c)f goods ani services ttiat will
bc-, purclilisud locilly $ 800,000
7. EL;tiiiiated xiunibe-r of regulir
@,Dployees on ylar round basis 120
B. Average aniiual sulai:v pvr uitil)lo,iL!e s 20,OOU
The iiiforiuatic)n containl@d iii tkiis Statement is bise(i
C)II f.Lcts @i@d c-stiiiiates I)ruvidud by the Applicint, and
tl,. Authority hzls ind@ no incl@I)onA@nt investigation witli
r,@fl,tct thereto.
CII'Y OF VIRGINIA BEA(
DEVE]IOPMENT AUTHORIT'
BY.
iLin
Economic Impact Statement
1. Amount of iiivestment $1,600,000
2. Ainount of industrial revenue bond
financing sought $1,600,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach (renovations only) $ 202,500
4. Estimated real property tax per
year using present tax rate
(renovations only) $ 1,620
5. Estimated personal property tax $ 12,000
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 60
B. Pavroll generated $1,200,000 Av. Wage $ 20,000
C. Number of jobs retained 60
D. Payroll retained $1,200,000 Av. Wage $ 20,000
E. Estimate of the value of goods and services pur-
chased within the geographic boundary of Virginia
Beach by type (inventory, machinery, professional
services, insurance, motor vehicles, etc.):
Type Value
Lumber $536,000
Machinery, saws, racks $ 60,000
Insurance, taxes, licenses $ 90,000
Office equipment and supplies $ 79,000
Motor Vehicles $ 35,000
F. Estimated building permit fee
and other municipal fees $ 3,000
G. Estimated construction payroll $ 38,475
H. Estimated value of construction
material to be purchased within
the City of Virginia Beach $164,025
I. Estimated number of
construction jobs 10
J. Any other itenis of which the
applicant feels the Authority
should be made aware of in
evaluating the project N/A
7. Is the site currently zoned for the specific use 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?
unknown due to statlis of tax law
Yes No
10. Location of project (attach location map)
1617 Diamond Springs Road, Virginia Beach, VA
11. Explanation of alternative financing that has beeii
reviewed for project None
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
2
al'I" / @ _rz, (, 41
"@Applicant)
Subs r .jb:)ed and sworn to before me this Ili4- day of
c l@-@ , i ), @ f , 1986.
I
-,t 0 @ ,
Notary Public
my Commission Expires:
3
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B A S I
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3 13@ 4
NAME OF PROJECT: Mancon Facility (Alfred & Mary Clarke)
ADDRESS OF PROJECT: 1617 Diamond Springs Road
Virginia Beach, VA
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
ALFRED CLARKE AND MARY CLARKE
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Alfred
Clarke and Mary Clarke (collectively, the Company) whose
address is 1809 N. Alanton Drive, Virginia Beach, Virginia
23454, for the issuance of the Authority's industrial devel-
opment revenue bonds in an amount not to exceed $1,600,000
(the Bonds) to assist in financing of the Company's acquisi-
tion, renovation and equipping of an office/warehouse facili-
ty (the Facility) containing approximately 41,384 sq. ft. of
space located at 1617 Diamond Springs Road in the City of
Virginia Beach, Virginia; and
WHEREAS, the Company will own the Facility and plans
initially to lease approximately 50% to Management Consult-
ing, Inc. for use in the operation of its logistics services
business; and
WHEREAS, a public hearing was held on the issuance of
the Bonds on March 11, 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 (i)
Section 103(k) of the Internal Revenue Code of 1954, as
amended (the Internal Revenue Code) and (ii) Chapter 514 of
the 1983 Acts of the General Assembly of Virginia (Chapter
514) and Section 15.1-1378.1 of the Code of Virginia of 1950,
as amended (the Virginia Code); and
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, if any, and the fiscal impact state-
ment required by Chapter 514 and Section 15.1-1378.2 of the
Virginia Code have been filed with the Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Bonds by the Authority, for the benefit of the Compa-
ny, to the extent of and as required by Section 103(k) of the
Internal Revenue Code, Chapter 514 and Section 15.1-1378.1 of
the Virginia Code, to permit the Authority to assist in the
financing of the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code,
Chapter 514, and Section 15.1-1378.1 of the Virginia Code,
does not constitute an endorsement of the Bonds or the
creditworthiness of the Company; but, pursuant to Chapter 643
of the 1964 Acts of the General Assembly of Virginia, 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. In approving this Resolution, the City of
Virginia Beach, including its elected representatives,
officers, employees, and agents, shall not be liable, and
hereby disclaims all liability for, any damages to any
person, direct or consequential, resulting from (1) the
Authority's failure to issue bonds for the Facility for any
reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority
is restricted by any State or Federal statute now or hereaf-
ter enacted; or (2) the Authority's failure for any reason
after the issuance of bonds for the Facility to allocate a
portion of its allowable industrial development bond volume
to the Facility if the issuance of tax-exempt bonds by the
Authority is restricted by any State or Federal statute now
or hereafter enacted.
5. 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 March 17, 1986
19 86 .
2
EXHIBIT P
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROQECT NAME: Architectural Graphics, Inc.
2. LOCATION: International Parkway and Riline Road
3. DESCRIPTION OF PROJECT: 40,000 square feet Head(Luarters and
Manufacturing Facility for sign manufacturing.
4. AMOUNT OF BOND ISSUE: $1,750,000
S. PRINCIPALS: Fred T. Knowles
David W. Ramsay
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 1-1
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification? N/A
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTillAb REVENUE BOND FINANCING
DATE: k'(,bi,utii-Y 5, 1966
TO: T[iE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Fred T. Kiiowles & Dav id W. R.,,Sey for Arcbitectural Graphics, Inc.
TYPE OF FACIBITY: manufacturing & Corporate fleadquarters
1. maxiiiiuflk ainount of financing souglit $ 750 000
2. EsLiiiiated taxable value of tile facility's
real property to be constructed in the
niuiiicipality $ 50,000
3. l@stiiiiated real property tax per year
usiiig present tax rates $ 6 000
4. I'stiiiiated personal property tax per
year using presetit tax rates $_ 4OU
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 0
6. F:stijTiated dollar value per year of goods
and services that will be purchased
locally $2,700,000
7. Estimated nuinber of regular einployees on
year rouiid basis $
8. Average annual salary per employee s
The itiformation contained in tliis Statement is based solely
on fact,; aii(I estiinates provided by the Applicant, and tlie
Authority lias inade no indepen(lent investigation witli repect
thereto.
City of Virginia Beach
Development Authority
By
Exhibit H
Economic Impact Statevient
1. Awunt of irlvestment $1,750,000
2. Amount of industrial revenue bond financing SI,750,000
sought
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 750,000
4. Estimated real property tax per year using
present tax rate $- 6,000
5. Estimated personal property tax $ 400
6. Economic impact statement demonstratiag ttia
overall return to the city:
A. Number of new jobs 120 possible
B. Payroll generated $ 2,887,320 Av. Wage $, 24,061
C. Number of jobs retained N/A
D. Payroll retained $ N/A Av. Wage N4A
E. Efitimate of the value of goods and services purchased
wichin the geographic boundary of Virginia Beach by
type (inventory, machinp-ry. professional services.
insurance, motor vehicles, etc.):
Type Value
Raw Materials Inventorl $.1.700.000
Vehicles and Shipping 256,000
Equipment and Expenses_ 125,000
Facility 260,000
Professional Services $ 30,000 TC)TAL $ 2,700,000
Insurance $ 300,000
Miscellaneous $ 29,000
F. Escimated building permit fee and other municipal
fees $ 2,500
G. Estimated construction payroll $ 3 0,000
H. Estimated value of construction material
to be purchased within the City Of
Virginia Beach $ 300,000
1. Estimated number of construction jobs 75
J. Any other Icems which the applicant feels
the Authority should be -de aware of in
evaluating the projec Project Wi.11 not be consumed without
receipt of Industrial Revenue Bonds.
7. Is the site currentl7 goned for the specific use being
zoned
proposed for industrilil revenus bond financing? Ya$@ f-1
No
8. Has a bond purchase agreemeut/commitment been accepted by
the applicant? (attach a copy) Yes X 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 locatiou sap) International Parkway
and Riline Road.
11. Explanation of alternative financing that has been
reviewed for project None
I hereby certify that the information stated in the above Economic
liupact Statement is accurate and true in all respects.
(Appiicant)
Subscribed and sworn to before me this @-7@k day of 1986.
Notary Public v
My Commission Expires:
Pitt
T
PROJECT NAME: ARCHITECTURAL GRAPHICS, INC.
PROJECT ADDRESS: INTERj4ATIONAL PARKWAY & RILINE ROAD
TYPE OF PROJECT; HEADQUARTERS & MA14UFACTURlt4G FACILITY
RESOLUTION APPROVING THE ISSUANCE OF
Ir4DUSTRIAL DEVELOPMENT REVENUE BONDS FOR
ARCHITECTURAL GRAPHICS, INC.
WHEREAS, the City of Virginia Beach Developriient Authority (the Authority)
has considered the application of Architectural Graphics, Inc. (the Company)
for the issuance of the Authority's industrial development revenue bonds in an
amount not to exceed $1,750,000 (the Ronds) to assist in the financing of
the Company's acquisition, construction, and equipping of a Headquarters and
Manufacturing facility (the Facility) to be located at International Parkway
and Riline Road in the City of Virginia Beach, Virginia, and has held a public
hearing thereon on March 11, 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 615.1-1378.1, Code of Virginia, 1950, as amended, a
copy of the Authority's resolution approving the issuance of the Bonds, subject
to tems to be agreed upon, and a reasonably detailed sumary of the coments
expressed at the public hearing, if any, have been filed with the Council of
the City of Virginia Beach, Virginia.
THEREFORE, BE IT RESOLVED aY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves the
issuance of the Bonds by the City of Virginia Beach Development Authority for
the benefit of Architectural Graphics, Inc., to the extent of and as required
by Section 103(k) of the Internal Revenue Code, to pemit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by Section 103(k)
does not constitute an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as
amended, the Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor, and neither the
faith or credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. Notwithstanding anything herein to the contrary, adoption of this
Resolution shall not obligate the Authority to (1) allocate any part of its
private activity bond allocation to the Facility or (2) seek a bond allocation
from the State reserve of private activity bond funds for the Facility. The
Authority, including its commissioners, officers, employees, and agents, shall
not be liable and hereby disclaims all liability to any person for any
damages, direct or consequential, resulting from the Authority's failure for
any reason to allocate a portion of its private activity bond limit to the
Project.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia, on March 17 1986.
- 14 -
Item II-H.l.b
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
ITEM # 25098
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council DEFERRED INDEFINITELY the Resolution approving the issuance of
Industrial Development Revenue Bonds:
BALBOA ASSOCIATES $9,000,000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
March 17 1986
- 15 -
Item II-I.I.
ORDINANCE ITEM # 25099
Attorney Robert Cromwell represented Giant Square Shopping Center
Upon motion by Councilman Jennings, seconded by Vice Mayor McClanan,
City Council ADOPTED:
Ordinance authorizing conversion of a nonconforming
use located at 444 South Lynnhaven Road (Property
of Giant Square Shopping Center Company
ADOPTION of this Ordinance shall be subject to the following conditions:
1. *At least 224 Parking Spaces shall be provided.
2. The applicant shall adhere to the City's Landscaping Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*As VERIFIED in tbe Statement by the Department of Permits and Inspections.
PPROVED AS TO CO i,4T,7
SeNAIUR@
DEPARTt.l@F,IIIT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM ORDINANCE AUTHORIZING CONVERSION
OF A NONCONFORMING USE LOCATED AT
444 SOUTH LYNNHAVEN ROAD (PROPERTY
Cl@ATT rc"' L-OF GIANT SQUARE SHOPPING CENTER
COMPANY)
WHEREAS, Giant Square Shopping Center Company desires
to convert an existing nonconforming roller rink to a
nonconforming bingo hall, located on its property at 444 South
Lynnhaven Road, Virginia Beach, Virginia, as shown on that
certain survey entitled: 'PHYSICAL SURVEY PARK PLAZA, CORP.,
D.S. 1336 P. 330 TAX NO. H9-1(1) IA, D.B. 2295 P. 522 TAX NO.
H9-1(1) 4B, LYNNHAVEN BOROUGH VIRGINIA BEACH, VA.' (the
"Survey"), a reduced copy of which is attached hereto and made a
part hereof; and
WHEREAS, the existing use and proposed use do not
conform to the provisions of the Comprehensive Zoning ordinance
because bingo halls and roller rinks, respectively, are not
allowed in the B-1, Business-Residential District; and
WHEREAS, pursuant to S105(e) of the Comprehensive
Zoning Ordinance, City Council may authorize conversion of one
nonconforming use to another nonconforming use if Council finds
the proposed use is equally appropriate or more appropriate to
the zoning district than is the existing nonconforming use.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the conversion of a
nonconforming roller rink to a nonconforming bingo hall is
equally appropriate or more appropriate to the zoning district in
which the proposed use is located than is the existing
nonconforming use; and the City Council hereby authorizes
conversion of a nonconforming roller rink located at 444 South
Lynnhaven Road, Virginia Beach, Virginia, to a nonconforming
bingo hall. The location of the proposed bingo hall is shown as
the hatched area on the Survey, a copy of which is incorporated
herein by reference.
Adopted by the Council of the City of virginia Beach,
Virginia, on March 17, 1986
RCP/jmh
0 3/0 3/8 6
(RES.6)
-2-
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Iv 7.1 .2t Is" w (,,W)
a b"pby .6rtify ts Cigat Sq.&t 0 shopping cente. Co.pa.y @a.d
L."or.@Titl, I,,UT .... C. ::&::tth!t th. o.rv.y prepar.d by ..
1/2 -titlod "P.rk Plama C..p.' w U. ly ..do po. th. gro.ad ..d
hot it And the.infer..ti. COUX&GO.and dist..cee sh... th.r.o.
-b re torta@t; thtt th* titi. lines and &;tual P.Moosel..
re the same; thet the oi*o. I-O.tl. ibd 4 a buildings ..d
-P--l-sonts are its iba-ft and &.11 art withis the boubdacy ltuag &nd
&o@pplie.ble set,back lla&g of th:,V:operty; thilt thtro are U.
violations of conih& ordislaneds r strittio&x@dr,othtt fulas and
t-gulatl-uo with rofar.ne. to th* lodation of sold buildin&o *.d
imprbvemeate; th.t tbar, t. n, .68NOOtb or liato Aff4mtlal tbig
:t PrOPerty appe&rlnli fro
a a-car.ful ohysical itimpection of.tbe samo,
oth*. tl@sti th.*. sh... and depicted that tb... itze no
ancrobehoonts affectit's thi. property; that all *tility locyiess
rtq.ired for'the ope.ati.. of th. reala,, lither ,&ter th* proui@4,4
thr..gh adj.i.i.g public streets. or th6 ..Tvoy shows the point of
.try and location of &ny utilition hich poom throih or ar.
n,,.tljoi.ing privato landt tbat th. survey $ho.. tb.
I.c t a directi.n of .11 tora drain.gd oystess f.r th*
c.1l.etion nd disp..al of .11 r.of and a.rfae. d@tisaia; thgt ny
discharga iat. tc.am.. ri,are r other co.vy.nea Yst.. to sh...
-a th. s.t,tyl nd that tha V..cel(d) described h*rO*,i de lie ithis
flo.d botard areas In Actorda..e with.*"* -P. entitl.d: "ricoo
In..rance R.t. Hap." "Flo.d fl&.ard tlood.ay Bo.ndary M.p,', 'Flood
tiaz.@d Bouudary ilap' or 'rl..d B..ndary a.d Floodway t4ap" p.blishei
b th f
- 16 -
Item II-J
CONSENT AGENDA ITEM # 25100
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council
APPROVED in ONE MOTION Items 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
Items #3 and #4 were DEFERRED INDEFINITELY
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry Mc-Coy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
- 17 -
ITEM II-J. 1
CONSENT AGENDA ITEM # 25101
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Resolution in application to the State Board of
Education for a loan of $2,000,000 from the Literary
Fund to the Virginia Beach School Board.
Voting; 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Ileischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
R E S 0 L U T I 0 N
WHEREAS, the Code of Virginia authorizes the Board of
Education to make loans from the Literary Fund to the
school boards for the purpose of erecting, altering or
enlarging school buildings, and
WHEREAS, Officials of the School Board for the City
of Virginia Beach have prepared an application addressed
to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $2,000,000 for
a new high school building in the Kempsville Borough to be
paid in 20 annual installments and the interest thereon at
4 percent paid annually;
WHEREAS, City Council desires to support this request
and believes it to be appropriate;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach that the application to the State
Board of Education of Virginia for a loan of $2,000,000
from the Literary Fund to the School Board of the City of
Virginia Beach is hereby approved.
This resolution shall be in effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 17th day of March , 1986.
CERTIFIED TO BE A TRUE COPY OF THE RESOLUTION ADOPTED BY
THE VIRGINIA BEACH CITY COUNCIL ON TO BE MADE
A PART OF THE APPLICATION ON BEHALF OF THE SCHOOL BOARD OF
THE CITY OF VIRGINIA BEACH.
DATE:
Ruth Hodges Smith, CMC
City Clerk
- 18 -
ITEM II-J.2
CONSENT AGENDA ITEM # 25102
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Resolution of the City Council of the City of Virginia
Beach amending the lease of April 10, 1965, with the
Virginia Beach School Board pertaining to certain real
estate owned by the Commonwealth of Virginia,
Department of Military Affairs
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, J. Renry McCoy, Jr., D.D.S., Vice Mayor Reba
S. McClanai and Meyera E. Oberndorf
Council Members Voting Nay:
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
March 17 1986
- 18a
A RESOLUTION OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA AMENDING THE
LEASE OF APRIL 10, 1965 PERTAINING TO
CERTAIN REAL ESTATE OWNED BY THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF MILITARY AFFAIRS
WHEREAS, by the Lease Agreement dated April 10, 1975,
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 1484, at Page 453, the City
is the Lessee of a certain 70.335 acre tract of land as shown in
Map Book 109, at Page 107, and
WHEREAS, by Lease Agreement dated June 17, 1976, recorded
in the aforesaid Clerk's office in Deed Book 1599, at page 289,
the School Board of the City of Virginia Beach, Virginia is the
Lessee (sub-lessee) of 25.00 acres of the 70.335 acre tract as
shown on a plat recorded in Map Book 116, at page 29.
WHEREAS, a strip of land approximately 40 feet, more or
less, in width and running parallel and contiguous to the eastern
boundary line of the aforesaid property is encumbered by an
easement and improved hard surfaced road the rights to which is
claimed by Holiday Travel Park, and
WHEREAS, the aforesaid encumberance interfers with the
full right and enjoyment of the entire leased property by the City
of Virginia Beach and the School Board of the City of Virginia
Beach, and
WHEREAS, the School Board released, vacated and quit
claimed its interest in the aforesaid encumbered land by Amended
Lease Agreement dated January 15, 1985, and
WHEREAS, it is in the best interest of the City to
release, vacate and quit claim its interest to the aforesaid
encumbered land to the Commonwealth of Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized to
execute, on behalf of the City of Virginia Beach, an agreement
March 17, 1986
amending the lease with the School Board of the City of Virginia
Beach, and further to execute an agreement amending the lease with
the Commonwealth of Virginia said Agreement dated the day of
, 1985, which will release, vacate and quitclaim the
encumbered land from the lease with the Commonwealth dated April
10, 1975.
2. That this Resolution be in effect from and after the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia thisl7th day of March 1996f)
JAR/re
2/25/85
(RES.3)
APPROVED AS To CO!IT-NT
IG@4AI@ll
-2-
AMENDED LEASE AGREEMENT
January
THIS AMENDED LEASE AGREEMENT, made this 15th day of
111985, by and between the City of Virainia Beach, Virginia, a
I!municipal corporation of the Commonwealth of Virginia,
11 hereinafter sometimes referred to as 'Lessor,' party of tbe first
part, and The School Board of the City of Virginia Beach,
Virainia, hereinafter sometimes referred to as "Lessee," party of
the second part.
WHEREAS, by Lease Agreement dated April 10, 1975,
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Deed Book 1484, at Page 453, the
City of Virginia Beach is the Lessee of certain parcels of real
estate owned by the Commonwealth of Virginia, Department of
Military Affairs and being a part of the State Military
Reservation at Camp Pendlton; and
WHEREAS, by Lease Agreement dated June 17, 1976,
recorded in the aforesaid Clerk's Office in Deed Book 1599, at
Ii Paqe 289, the School Board of the City of Virginia Beach,
Virginia is the Lessee (sub-lessee) of that certain parcel of
land, lying and being a part of the State Military Reservation at
Camp Pendleton, Virginia Beach, Virginia, and also being a part
of the said property described in said Lease Agreement dated
April 10, 1975; and
WHEREAS, a strip of land approximately 30 feet to 40
feet, more or less in width and running parallel and contiguous
to the eastern boundary line of the aforesaid property described
in said Lease Agreement dated June 17, 1976 is encurnbered by an
improved hard surfaced road servinq the Holiday Inn Travel Park;
and
WHEREAS, the Lessee beino desirous of constructing
11 public school facilities on unencumbered land it has employed
Wilfred P. Large, Certified Land Surveyor to survey and prepare
a plat which describes the said property sub-leased by the Lessee
as Lease Hold 'A,' containing 946,681, S.F. or 22.1460 AC. and
Lease Hold "B," containing 58,979 S.F. or 1.3540 AC. as shown on
that certain plat entitled: 'LEASE HOLD PLAT OF PART OF SCHOOL
SITE 25.0 AC." As Shown On Plat Entitled PLAT SHOWING LAND
LEASED BY CITY OF VIRGINIA BEACH, VIRIGNIA FOR SCHOOL SITE (MB
116, Pg. 29) PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA'
Scale: 1"=1001, dated August 7, 1984 and prepared by Wilfred P.
Large, Inc., Surveyinq and Planning, Virginia Beach, Virginia,
and which said plat is attached hereto and made a part hereof to
which reference is made for a more particular description; and
WHEREAS, the Lessor and Lessee have aqreed to modify the
subject property described in the Lease Agreement between the
parties which said Lease Aqreement is dated June 17, 1976.
WITNESSETH:
NOW, THEREFORE, it is hereby agreed between the City of
Virginia Beach, Virginia and The School Board of the City of
Virqinia Beach, Virginia that the property described as
"That certain parcel of land containing
25.00 acres as shown on the attached plat
entitled: 'PLAT SHOWING LAND LEASE]) BY
CITY OF VIRGINIA BEACH, VIRGINIA FOR
SCHOOL SITF' dated April 6, 1976, Scale:
1"=2001; prepared by Engineering Division,
-2-
Department of Community Services, City of
virginia Beach, Virginia and recorded in
the Clerk's office of the Circuit Court
of the City of Virginia Beach, Virginia
in Map Book 116, at Page 29 to which
reference is made for a more particular
description."
in the Lease Aqreement between the said parties which said Lease
Aqreement is dated June 17, 1976 shall be modified and amended
to:
All that certain parcel of land
designated and described as: Lease Hold
'A,' containinq 964,681 S.F. or 22.1460
AC. as shown on that plat entitled:
'LEASE HOLD PLAT OF PART OF SCHOOL SITE
25.0 AC. As Shown On Plat Entitled
PLAT SHOWING LAND LEASED BY CITY OF
VIRGINIA BEACH, VIRGINIA FOR SCHOOL SITE
(MB 116, Pg. 29) PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VIRGINIA,' Scale: 1"-100',
dated August 7, 1984 and prepared by
Wilfred P. Large, Inc., Surveying and
Planning, Virginia Beach, Virqinia which
said plat is attached hereto to which
reference is made for a more particular
description.
Ths School Board of the City of Virginia Beach, Virginia hereby
releases, vacates, and forever Quitclaims unto the City of
Virginia Beach, Virqinia its riqht and interest in the followinq
1 described property:
All that certain parcel of land described
and designated as: Lease Hold "B,"
containing 58,979 S. F. or 1.3540 AC. as
shown on plat entitled: 'LEASE HOLD PLAT
OF PART OF SCHOOL SITE 25.0 AC. AS SHOWN
ON PLAT ENTITLED PLAT SHOWING LAND LEASED
BY CITY OF VIRGINIA BEACH, VIRGINIA FOR
SCHOOL SITE (M.B. 116, PG. 29) PRINCESS
ANNE BOROTIGH, VIRGINIA BEACH, VIRGINIA,.
Scale: 1"=100', dated August 7, 1984 and
prepared by Wilfred P. Largo, Inc.,
Surve@,inq and Planning, Virginia Beach,
Virqitiia %,hich said Plat is atta,7hed
lit, l %,t @ t , wlt I @lt i %r r.,t Pii k,cts lo iiiA,lv tk,t 'A
nioi-e pdttictilat dt-t3criptioil.
-3-
It is understood and agreed that the said Lease
Agreement between the parties dated June 17, 1976 shall rema
in in i
i full force and effect in accordance witb said terms and
i conditions set forth therein except for the airended and modified
property description.
WITNESS the followinq siqnatures and seals.
THE SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH
cnairman
Clerk
CITY OF VIRGINIA BEACH
Thomas H. Muehlenbeck
City Manager
Ruth Hodges Smith
Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
E. Carlton Bowyer a Notary
Public in and for the City and State aforesaid, do hereby certify
that Roy A. Woods Chairman, and Fred G. Benham
-4-
Clerk, on behalf of the City of Virginia Beach, whose names are
signed to the foregoing writing bearinq date on the 15th day of
January 1985, have acknowledqed the same before me in
my City and state aforesaid.
GIVEN under my hand this 15th day of January
198S.
NOtary ublic
my Commission E pzires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, on behalf of the City of Virginia Beach, whose names
are sicned to the foregoing writing bearing date on the day
of 1984, have acknowledged the same before me
in my City and State aforesaid.
GIVEN under my hand this day of
1984.
Notary Public
my Commission Expires:
APPROVED AS TO CONTENTS
WCB/re
8/15/84
(48.24) APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
- 19 -
ITEM 11-J.3
CONSENT AGENDA ITEM # 25103
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council DEFERRED INDEFINITELY:
Ordinance to amend and reordain Section 21-86 of the
Code of the City of Virginia Beach, Virginia, pertaining
to Proration of Tax
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jen,.iings, Jr., Louis R. Jones, Robert
G. Jones, J. Henry McCoy, Jr., D.D.S., Vice Mayor Reba
S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
Mzrch 17, 1986
- 20 -
ITEM 11-J.4
CONSENT AGENDA ITEM # 25104
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council DEFERRED INDEFINITELY:
Ordinance to amend and reordain Section 21-86 of the
Code of the City of Virginia Beach, Virginia, pertaining
to Refund for Unused Portion of Tax
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jeinings, Jr., Louis R. Jones, Robert
G. Jones, J. Henry McCoy, Jr., D.D.S., Vice Mayor Reba
S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
- 21 -
Item II-J.5
CONSENT AGENDA ITEM # 25105
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $15,000 from
Tidewater Children's Foundation and $7,500 from the
Chesapeake School Board to establish a temporary
position for the Pendleton Child Service Center for
the School-Based Intervention Module.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, Ii. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay-
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress,
21a
0
AN CRD TO $15, 000 MM
T=EMTER CHI IS FOUNDATION AND
$7,bW MM THE SCMM BOW
TO ESTABLISH A POSRTION
>
0 AND TO TE THESE TO THE
CHILD CE CENTER FM
THE SCHDOL-EAM ION M3=
In the Fall of 1982, etcn Child S-1- C-t- init:Lated a now
to WA VIMU" elmmtwy Is that Umlvod a.*
pzcg.m tor c izim =--icatim ad @im golvim @lle to
pooltlve in icm @lem children @ their p and
, auer forty c @icipated in this now owvi-
l@ c t to t arA
, the enthusiastic m to the t has ted ot-
ld @ce amter to irr4mtigate the powibilities Of this a
ive @ice, and
WHEFMAS, etm Child Service Cmnter ted fmft f rcm the Ti@t-
is tion @ the School sup-in t to d--Icpp a f lzed
including video tatim of the a tminliv
tool*, and to ish cne t pooltion. wd
, the T ter Children's ticn hm a @t of $15,000
fwd bm-thirds of the oost of this wd the SchOD1 SuPOrint t
to Wmide $7,5W to fund the
NOW, , BE IT sy TmE COUNCN cr THP- city cF vimnm BEACH,
that be accepted fr4m the Tldemter Chilrm's tim wd the
Supwint t irt tbe @ts of $15,000 and $7,500 lvoly.
BE IT tbat be anuoptiated In the
@ice Center @ for the School- In tim o @ me positim be
m dascribed hweiri-
This @l be iri effect frca the date of its @tim.
Adopted by the CcK=il of em Clty of Virgiriia Virginia m the
Seventeenth day of. March 1986.
Fir8t .-MarcA la--i.9a6.---
ruc 4/
- 22 -
Item II-J.6
CONSENT AGENDA ITEM # 25106
Upon motion by Councilwom@n Oberndorf, seconded by Councilman Baum, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate funds in the amount
of $15,000 for the Development of the Linkhorn Bay
Neighborhood Park
Voting: 9-0
Council Members Voting Aye:
Joh,.i A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClarian, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abse-@it:
Nancy A. Creech, Robert E. Fentress
- 22a -
APPROVED AS TO CONITENI-'
DEP@,-Fi@,',NT
APPROVED AS TO LEGAL
AN ORDINANCE TO APPROPRIATE FUNDS
NCY AND RM IN THE AMOUNT OF $15,000 FOR
ill
;;/ Z TifE DEVELOPMENT OF THE LINKHORN
AT-r6RNEY - BAY NEIGHBORHOOD PARK
WHEREAS, the developers of the Linkhorn Bay
Subdivision has agreed to contribute $15,000 towards the
development of the Linkhorn Bay Neighborhood Park, and
WHEREAS, the city, in order to proceed with
development, will need to appropriate those funds and create
a capital project for the Linkhorn Bay Neighborhood Park.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that a capital project be
established for Linkhorn Bay Neighborhood Park, and
BE IT FURTHER ORDAINED that funds in the amount of
$15,000 be appropriated to the project with a corresponding
increase in estimated revenues for donations from developers.
This ordinance shall be in effect from the date
of its adoption.
Adoption by the Council of the City of Virginia
Beacb, Virginia on day of
, 1986.
First Reading: March 17, 1986
Second Reading:
CAC/2 ORD2
- 23 -
Item II-J.7
CONSENT AGENDA ITEM # 25107
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate funds in the amount
of $20,000 for improvements to the Great Neck Meadows
Park Site
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
- 23a
APPROVED AS TO CONTENTS
SIGNATURE
DEI'Af,,T@,Ar.!AT
APPROVED AS TO LEGAL
AN ORDINANCE TO APPROPRIATE FUNDS
IN THE AMOUNT OF $20,000 FOR
IMPROVEMENTS TO THE GREAT NECK
MEADOWS PARK SITE
WHEREAS, the developer of the Great Neck Meadows
Subdivision has agreed to dedicate a 3.68 park site and to
contribute $20,000 towards the construction of improvements
to the site, and
WHEREAS, the city, in order to proceed with the
improvements, will need to appropriate those funds to project
#4-807 Great Neck Meadows Park.
NOW THEREFORE BE IT ORDAINED EY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of
$20,000 be appropriated to project #4-807 Great Neck Meadows
Park with a corresponding increase in estimate revenues for
donations from developers.
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of
, 1986.
First Reading: March 17, 1986
Second Reading:
CAC/2 ORD3
- 24 -
Item II-J.8
CONSENT AGENDA ITEM # 25108
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate funds in the amount
of $750,000 for the acquisition of a dredge
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
M r h I 1 86
- 24a -
AN ORDINANCE TO APPROPRIATE FUNDS IN THE
AMOUNT OF $750,000 FOR THE ACQUISITION
OF A DREDGE.
WHEREAS, it is the desire of the City to eliminate shoaling
problems historically experienced in Rudee Inlet, and
WHEREAS, to accomplish this maintenance will require the City to
purchase a new dredge to replace the existing dredge that is currently
inoperable, and
WHEREAS, funds have not been appropriated for this purpose and it
is recommended that this appropriation be financed through a lease-purchase
agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that funds in the amount of $750,000 be appro-
priated for the acquisition of a dredge, with a corresponding increase in
estimated revenue from the proceeds of the sale of a lease-purchase
agreement.
BE IT FURTHER ORDAINED that the City Manager be authorized to
enter into the necessary arrangements to complete the lease-purchase
transaction.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of March, 1986.
First Reading: March 17, 1986
Second Reading:
- 25 -
Item 11-J.9
CONSENT AGENDA ITEM # 25109
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate funds in the
amount of $151,507 for Project #2-001 Indian River
Road Box Culvert.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
25a -
APPROIVED AS TO CONTEN@
SIGt,'ATURE
DFPA,ITIA-.11
APPROVED AS TO LEGAL AN ORDINANCE TO APPROPRIATE
FUNDS FOR PROJECT #2-001
INDIAN RIVER ROAD BOX CULVERT
WHEREAS, in the adopted FY 1986 - FY 1990 Capital
Improvement Program, City Council approved project #2-001
Indian River Road Box Culvert supported in part by a $151,507
contribution from the developer of the Indian Lake
Subdivision, and
WHEREAS, the funds from the developer have been
remitted to the city, and
WHEREAS, in order for the city to proceed with
expenditure of those funds it is necessary to appropriate
them to project #2-001 Indian River Road Box Culvert.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BRACH, VIRGINIA that funds in the amount of
$151,507 are hereby appropriated to project #2-001 Indian
River Road Box Culvert with a corresponding increase in
estimated revenues for donations from developers.
This ordinance shall be in effect for the date of
its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of
1986.
First Reading: March 17, 1986
Second Reading:
CAC/2 ORD1
- 26 -
ITEM II-J.10
CONSENT AGENDA ITEM # 25110
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to transfer appropriations in the amount of
$32,000 for the design of the Back Bay Salt Water Line
Extension.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, B. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
March 17, 1986
- 26a
APPROVED AS TO CONTE@JTI,
DEPARTME.4T
APPROVED AS TO LEGAL
ORDINANCE TO TRANSFER APPROPRIATIONS
FOR THE DESIGN OF THE BACK BAY
SALT WATER LINE EXTENSION
WHEREAS, in the adopted FY 1986 - YY 1990 Capital
Improvements City Council approved funding for project #2-035
Back Bay Salt Water Line Extension, and
WHEREAS, funding programmed in that document will
not allow the project design to begin in accordance with the
adopted schedule of activity, and
WHEREAS, in order to continue with the schedule for
design, it is recommended that funding in the amount of
$32,000 be provided by the transfer of appropriations from
project #2-951 Lake Banbury Outfall Drainage.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the
amount of $32,000 be transferred from project #2-951 Lake
Banbury Outfall Drainage to project #2-035 Back Bay Salt
Water Line Extension for the purpose of continuing the design
of that project.
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 17th day of
March
1986.
CAC/2 ORD4
27 -
Item 11-J.11
CONSENT AGENDA ITEM 25111
Upon motion by Couricilman Louis Jones, seconded by Councilman Fentress, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating
and discontinuing a portion of Claudia Drive in the petition of the City
of Virginia Beach (Virginia Beach Borough)
Application of City of Virginia Beach the
discontinuance, closure and abandorment of a portion of
Claudia Drive adjacent to Lot 57, Section 3, Lakeview
Park (Bayside Borough).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice-Mayor Reba
S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, J. Henry McCoy, Jr., D.D.S.
27a
AN ORDINANCE CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS CLAUDIA
DRIVE, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED 'PLAT SHOWING PROPERTY TO
BE EXCHANGED BETWEEN THE CITY OF
VIRGINIA BEACH AND RICHARD S. AND
ALICE P. PITTMAN BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA.-
WHEREAS, it appearing that the City has advertised this
proposed street closure by advertising the same in the Virqinia
Beach Sun News, on and ; and
WHEREAS, it is the judgment of the Council and Viewers
that closure and discontinuance of the below-described street
will not result in any public inconvenience, upon the completion
by the applicant of the conditions imposed by City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the hereinafter described street be
discontinued, closed, and vacated, which portion is more
particularly described as follows:
That certain section of Claudia Drive,
more particularly described as follows:
Beginning at a point on the southern
riqht-of-way line of Claudia Drive at a
point 39.71 feet from the southern boundary
line of lot 57, as shown on the plat of
Lakeview Park, recorded in the Office of
the Clerk of the Circuit Court of the City
of Virqinia Beach, in Map Book 29, at Page
67, and from said point of beoinning
continuing along the southern right-of-way
line of Claudia Drive south 24' 521 40-
east a distance of 60 feet to a point, and
preceding along the same said riqht-of-way
line on an arc 21@ 241 151 for a distance
of 93.39 feet to a point, thence continuing
along an arc 79' 081 311 a distance of
62.16 feet to a point, and continuing along
a curve of 32' 561 471 a distance of 57.50
feet to a point, and continuing alonq an
arc 107* 321 50" a distance of 375.4i feet
to the point of beginning as shown on the
above-referenced plat.
The above plat is available for review
in the Office of the City Attorney, Municipal
Center, Virginia Beach, Virqinia.
2. That a certified copy of this Ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
- 27b
indexed in the name of the City of Virginia Beach, Virqinia, as
grantor.
3. This Ordinance shall become effective sixty (60)
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
virqinia, on the - 17 day of March 1987.
6
KJC/da
5/30/85
6/5/85
(23.1)
APPROVED - September 16, 1985
FINAL APPROVAL - March 17, 1986
-2-
- 28 -
Item II-J.12
CONSENT AGENDA ITEM # 25112
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED the APPOINTHENT OF VIEWERS:
Ordi,lance closing, vacating, and discontinuing a
portion of that certain street, known as Broad Street,
as shown upon that certain plat entitled, "Plat of
Euclid Place" Virginia Beach, Virginia, and recorded in
the Clerk's Office of the Circuit Court of Virginia
Beach, Virginia in Map Book 4 at pages 62 and 63, as
outlined in red on the survey which is attached hereto.
(Bayside Borough) Virginia Beach, Virginia, in the
petition of George, Andreas and Efthymious Loizou
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
28a
ORDINANCE APPOINTING VIEWERS
WHEREAS, George Loizou, Andr@s Loizou and Efthymios Loizou, have
given due and proper notice, in accordance with the statutes for such cases
mad and provided that they will on the 17th day of 1 1986,
apply to the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of the herein-
after described portion of that certain street of variable width, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
Robert J. Scott and David Grochmal
are hereby appointed to view the below-described
property and report in writing to the Council, as soon as possible, whether
in their opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of variable
width located in the City of Virginia ficach, Virginia, and more particularly
described as follows:
Beginning 138-09 feet from the Southeast Intersection
of Southgate Avenue and Virginia Beach Boulevard and
running North 00 degrees, 15 minutes, two seconds West
a distance of 601 to a point; thence turning and running
South 89 degrees, 44 minutes, 58 seconds West, a distance
of 2500 feet, then turning and running South 00 degrees,
15 minutes 2 seconds East a distance of 601 to a point;
thence turning and running North 89 degrees, 44 minutes,
58 seconds East a distance of 2500' to the point of be-
ginning; and further, as outlined in red on the attached
HELD. KA@, survey.
SP.NOUL.S & CHMSME
28b -
All the above as shown upon that certain plat entitled "Plat of
Euclid Place", Virginia Beach, Virginia, and recorded in the Clerk's Office
of the Circuit Court of Virginia Beach, Virginia in Map Book 4 at pages 62
and 63, as outlined in red on the survey which is attached hereto and made a
part hereof and intended to be recorded with the Ordinance closing the afore-
described street.
ADOPTED: March 17, 1991
HELD.KANTOR.
SPA@LIS & CHMSNE
Al ... 11. AT
A... @
IN THE HATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS BROAD STREET
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT OF EUCLID
PLACE" VIRGINIA BEACH, VIRGINIA, AND RECORDED IN THE
CLERK'S OFFICE OF THE CIRCUIT COURT OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK 4 AT PAGES 62 and 63, AS OUTLINED
IN RED ON THE SURVEY WHICH IS ATTACHED HERETO.
PETTTION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioners, George Loizou, Andreas Loizou and Efthymios
Loizou, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of the
1950 Code of Virginia, as amended, the Petitioners apply for the vacating,
closing, and discontinuance of a portion of that certain street, which is
more specifically described as follows:
Beginning 138.09 feet from the Southeast intersection
of Southgate Avenue and Virginia Beach Boulevard and
running North 00 degrees, 15 minutes, two seconds West
a distance of 60' to a point; thence turning and running
South 89 degrees, 44 minutes, 58 seconds West, a distance
of 2500 feet, then turning and running South 00 degrees,
15 minutes 2 seconds East a distance of 60, to a point;
thence turning and running North 89 degrees, 44 minutes,
58 seconds East a distance of 2500' to the point of be-
ginning; and further, as outlined in red on the attached
survey.
Said parcel of land being a portion of Broad Street, as indicated
in red on that certain survey attached hereto and made a part hereof, and
intended to be recorded with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the Petitioners
pray that this Honorable Council appoint Viewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the 17th day of 1986, as to whether
SPANWLS & C.RiSnE
in the opinion of said Viewers, what inconvenience, if any, would result
from the discontinuance and closing of this portion of said street, as herein
reported and described.
3. That on the 25th day of Feb@ 1986 and on the 3rd
day of 1 1986, notice of the presenting of this application was
published in the Beacon, a newspaper of general circulation, in the City of
Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to
and affected by said portion of the platted street are your Petitioners
herein, George Loizou, Andreas Loizou and Efthymios Loizou, Arthur and Mary
Mackie, 309 Southgate Avenue, Virginia Beach, Virginia and R. E. Townsend,
880 Winwood Drive, Virginia Beach, Virginia.
Respectfully submitted,
GEORGE LOIZOU
ANDREAS LOIZOU and
E
B
Stuart H. Held
CHRISTIE, HELD, KANTOR, SPANOULIS & CHRISTIE
209 Business Park Drive
Virginia Beach, Virginia 23462
499-9222
SI.NOULM & CHRIS@E
- 29 -
Item II-J-13
CONSENT AGENDA IEM # 25113
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$3,921.46 upon application of certain persons and upon
certification of the City Treasurer for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress,
March 17 1986
RM NO. C.A 7 - 29a 3/7/86 EMC
AN ORDINANCE AUTHORIZING TAX REFLINDS
UPON APPLICA1'10N OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA(;Ii, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- 1) ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
William W & Estel I e Davis 83 RE(1/2) 20177-5 11/4/82 18.15
Wi 1 1 iamW & Estel I e Davis 83 RE(2/2) 201 77-5 6/5/83 18.15
William W & Estelle Davis 84 RE(1/2) 21062-0 11/3/83 19.22
William W & Estelle Davis 84 RE(2/2) 21062-0 6/5/84 19.22
William W & Estelle Davis 85 RE(1/2) 22707-8 12/5/84 20.30
William W & Estelle Davis 85 RE(2/2) 22707-8 6/5/85 20.30
William W & Estelle Davis 86 RE(1/2) 24109-7 12/5/85 25.70
Dominion Federal S & L 85 RE(2/2) 102910-1 6/5/85 206.76
Lynnhaven Crossing Assoc 85 RE(1/2) 55915-6 12/5/84 491.90
Lynnhaven Crossing Assoc 85 RE(2/2) 55915-6 6/5/85 491.90
Johnnie C Brockett 86 RE(1/2) 11645-5 12/5/85 68.00
James M Caplan Att" 86 RE(1/2) 39095-1 12.,15/85 40.00
Atlantic Federal S & L 86 RE(1/2) 73484-9 11/5/85 698.72
Atlantic Federal S & L 86 RE(1/2) 73485-8 1?/5/85 582.64
Ocean Plaza Associates 86 RE(1/2) 73559-9 12/5/85 149.24
Windsor Holland rroi)erties 86 RE(1/2) 106989-7 12/5/85 70.15
Estate of J @le,ley Murphy 86 RE(1/2) 70443-5 I?/3/85 24.00
Thelma A Culpepper 86 RE(1/2) 22428-5 12/5/85 3.60
Gulf Oil Corp/Chevron 86 RE(1/2) 39271-7 11/'25/85 109.36
Gulf Oil Corp/Chevron 86 RE(2/2) 39271-7 11/25/85 109.36
Charles S Kroll 86 RE(1/2) 54876-5 11/14/85 24.00
Benchmark Building Corp 86 RE(1/2) 7340-1 1?/5/85 8.00
Bellamy Woods Associates 86 RE(1/2) 7186-8 12/5/85 204.00
J Harry Mote Gen Contr Inc 86 RE(1/2) 69887-0 12/5/85 243.69
Norview Gardens Assoc 86 RE(1/2) 73010-2 12/5/85 166.41
Deborah M Rivera 81 pp 101771 1/31/86 58.69
Farm Fresh Inc N/A Pkng 31202 2/19/86 15.00
Farm Fresh Inc N/A Pkng 31203 2/19/86 15.00
Total 3,921.46
This ordinance shall be effective from date of adoption.
The above abatemeiit(s@ totaling Certified E,, to payment;
were approved by
the Council of the City of Virginia
Beach on ttie 17t!bay of March 86
John T. Al,$(iison, Tre
.- - -- --- - -- - Approved a!; lo form:
Ruth Hodges Smith
City Clerk
- 30 -
Item II-J-14
CONSENT AGENDA ITEM # 25114
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount of
$1,289.02 upon application of certain persons and upon
certification of the Commissioner of Revenue for
payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanal, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert E. Fentress
March 17 1986
FORM NO. C.A. a
30a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE-: COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Adams, K. B.
T/A Adams TV Radio Sales & Service
308 London Bridge SIC
Va. Beach, VA 23454 l9P4 Audit 163.12 1,13.12
Brown, William R. & Grf-2er, Charles
T/A Greer & Brown Plastering & Drywall
4149 Brookside Lane
Va- Beach, VA 23452 1985 Audit 16.R2 IF.P2
Hermelin, Mark J., DDS
T/A M. J. liermelin, DDS
4291 Holland Road, S-111
Va. Beach, VA 23452 1985 Audit 354.42 154.42
Certified as to Payment:
an
Approved as tolorm:
This ordinance shall be effectiv,3 from date of
adoption.
The above abatement(s) totaling 5@l .36 were approved by the Council
of the City of Virginia Beach cn the 17th day of March
Ruth Hodges Smith
City Clerk
Po.m NO. C.4. 0 30b
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMIAISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA Bl.'.ACH, VIRGINIA:
That the following applications for license refunds. upon certification @)f the Commissioner of the
Revenue are hereby approved:
NAME L lcense Date Base Penalty lnt. Total
Year Paid
l,idd's Crab liouse Co.
TIA The Boatyard
225 - 17th Street
Virginia Eeach, VA 23451 1985 Audit 92.6LL Q2.64
Rogail Enterprises, inc.
332 Laskin Road
Virginia Beach, VA 23451 1985 Audit 470.(.F 170.68
Seeherman, Robert S., MD
6029 Newport Avenue
Norfolk, VA 23505 1985 Pudit 211.',l 211.14
Cerl itied as to Payment:
an
Applovod as to f m:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S77A . 66 were approved by the Council
17th March 86
of the City of Virginia Beach on the -day of 19-.
Ruth Vio@Jges Smith
City Cl,;rk
- 31 -
Item II-K.l.
APPOINTMENTS ITEM # 25115
Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED to the
HISTORICAL REVIIEW BOARD for a two (2) year term:
Howard Myers - April 1, 1986 - October 31, 1988
Lillian B. Youell - April 1, 1986 - October 31, 1988
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
March 17, 1986
- 32 -
Item II-K.2
APPOINTMENTS ITEM # 25116
Upon motion by Councilwoman Oberndorf, City Council REAPPOINTED to the
PLANNING COUNCIL for a one (1) year term:
Barbara M. Henley
Council Member - April 1, 1986 - March 31, 1987.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
None
March 24, 1986
- 33 -
Item II-K.3.
APPOINTH M S ITEM # 25117
Upon NOMINATION by Councilman Louis Jones, City Council REAPPOINTED to the
PUBLIC LIBRARY BOARD for a three (3) year term:
Alice Hancock - April 1, 1986 - August 31, 1989
Arlene A. Lewis - April 1, 1986 - August 31, 1989
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 25118
The following spoke concerning the CONFLICR OF INTERESTS ORDINANCE:
Thomas E. Flounders, III, Chairman-Elect Hampton Roads Chamber of
Commerce, requested Council DEFER action until concerns can be
addressed. Letter of March 17, 1986, from Thomas Flounders is hereby
made a part of the record.
Edward Brankston, citizen, spoke in support of a "strong" ETHICS
CONMITTEE none of which are connected with City Government
Lou Pace, candidate for City Council, wished the "right of
recall/referendum" added to said Ordinance.
Sam Houston, represented the elderly, and spoke in support of ADOPTION
of said Ordinance.
Harry J. Luman, citizen and registered voter, objected to the amount
specified under GIFTS - $250 or more is unacceptable. The MAYOR'S CODE
OF ETHICS COMMITTEE should be appointed to serve without reimbursement.
This committee would consist of Sheldon Corner as permanent
Chairperson, a representative of the Consolidated Civic Organizations
of Virginia Beach, a representative of the Citizens Action Coalition of
Virginia Beach, a representative of the local Senior Chamber of
Commerce, and a representative of the Junior Chamber of Commerce.
Robert Galewski, Member of the MAYOR'S CODE OF ETHICS COMMITTEE,
advised the Code of Ethics Committee should not be eliminated,
preferred the Committee's specific STANDARDS OF ETHICAL CONDUCT,
disagreed with the verbage to the definition of "Personal Interest",
and filing of DISCLOSURE FORMS annually. Private practice should not
be eliminated.
Sheldon Corner, Chairman Mayor's Code of Ethics Committee, requested
the STANDING CODE OF ETHICS COMMITTEE not be abolished.
Irv Douglas, represented the Council of Civic Organizations, requested
reinstatement of the STANDARDS OF ETHICAL CONDUCT and the STANDING
ETHICS COMMITTEE, both of which have been deleted in part or in
entirety from the Revised DRAFT. There are retired Federal
Administative Law Judges in the area who are willing to serve on said
Committee.
Assistant City Attorney David Hay as per Coucilman Louis Jones' request,
suggested the addition to "Business Entity":
2.b., page 4, at the end of the clause:
"...except that this provision is not applicable to
transactions where the other officer, director, or
partner is merely representing a third party before
the public body and the public official has no
personal interest with the third party."
Section 2.c., page 4, should be revised:
"Business entity in which the public official has
an ownership interest of 3% or more of the Total
Assets of said entity or a liability on behalf of
an entity exceeds 3% of the total assets."
This information is derived from the STATE CODE.
March 17 1986
- 35 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 25118 (Continued)
Councilwoman Creech referenced 2.e., page 4:
Volunteer or non-profit organization in which
public official is an officer, director, founder,
or paid employee.
Councilwoman Creech expressed concern as some Council members are
affiliated with various Volunteer Organizations and in some instances
monetary pledges have been made. The Council Committee should address same
as to whether this should be a matter of disclosure.
Councilman Robert Jones referenced Section IV.6, page 5 and the DISCLOSURE
FORM, Gifts. Interfamily gifts should be excluded on the DISCLOSURE FORM.
Councilman Baum requested an addition to the DISCLOSURE FORM.
On Page A-2, under Section 2, the following should be inserted as E.:
Do you use office space outside your home that is
commercial office space to excercise some of your
Council duties?
How is the fair market rental paid?
Councilman Robert Jones referenced the County of Fairfax rule that you
cannot ABSTAIN from a vote without the Consent of City Council. Councilman
Jones requested if you wish to ABSTAIN or have an interest that is adverse
to the public interest, the Member would disclose same to Council and
Council would give its permission not to vote. Therefore, the ETHICS
COMMITTEE would be the CITY COUNCIL.
Councilman Fentress referenced Section IV 4, Real Estate, Page 4. There
was discussion concerning whether to utilize the word "adjoining" or
"adjacent" cities in this particular section.
BY CONSENSUS, City Council REFERRED back to the COUNCIL COMMITTEE for
further study and revision the CONFLICT OF INTERESTS ORDINANCE.
- 36 -
Item II-L.2
UNFINISHED BUSINESS ITEM # 25119
ADD-ON
Councilman Baum referenced an Ordinance to AMEND the MASTER STREET AND
HIGffWAY PLAN dated December 16, 1974, pertaining to the realignment of
Ferrell Parkway and Princess Anne Road north of the Municipal Center,
(rea-lignment of Indian River Road and Elbow Road.)
This Ordinance will be on the City Council Agenda of March 24, 1986.
Councilman Baum referenced as this does entail rather sensitive issues,
legal advice should be procured from the Attorney General's Office.
- 37 -
Item II-M .1
NEW BUSINESS ITEM # 25120
Hector A. Rivera, Assistant to the City Manager for Human Services,
presented to Council ELDERLY ISSUES IN VIRGINIA BEACH emphasizing the
Elderly Housing Committee and outlining the policy options which have been
developed by said Committee.
THE ELDERLY HOUSING COMMITTEE was composed of Frances S. Elrod, Director,
Scoial Services; Dr. Terry S. Jenkins, Department of Mental Health/Mental
Retardation; Maryann I. Ustick, Director, Department of Housing & Community
Development; Brian K. Whitesell, Department of Housing & Community
Development; and Lynn Curruth, Planner.
Mr. Rivera referenced:
ATTACHMENT A SERVICES FOR VIRGINIA BEACH'S
ELDERLY
ATTACHMENT B HOUSING STATUS/INCOME ELDERLY
RESIDENTS 62+
DISTRIBUTION OF ELDERLY BY CENSUS TRACT
Said attachments are hereby made a part of the record.
Maryanne I. Ustick, Director of Housing and Community Development, advised
ONLY 1980 CENSUS DATA is available. This is essentially what was utilized.
The COMMITTEE addressed the ELDERLY ISSUE in a variety of ways:
Reviewing Housing Reports from the Mayor's
Committee on Aging.
Obtaining demographic data, analyzing zoning and
licensing criteria.
Informally consulting with private developers.
Mrs. Ustick introduced Brian K. Whitesell, Management Analyst with the
Department of Housing and Community Development, who presented a S@Y
ANALYSIS of 1980 CENSUS DATA ON VIRGINIA BEACH'S ELDERLY POPULATION.
Mr. Whitesell advised the elderly over 62 years of age comprise 6.4%
(15,550) of Virginia Beach's total population. Elderly headed households
are 10.6% (9,008) of all households in the City. Of these elderly headed
households 2,985 or 33.1% are lower income households as defined by SECTION
8 income guidelines. 16.0% (1,445) of all elderly headed households in the
City live in substandard housing. Of all elderly homeowners, 1,844 or 28.0%
are lower income households, while 1,141 or 43.3% of the elderly renters
are lower income households. Of those housing units occupied by elderly
householders 6,593 or 73.2% are owner occupied.
Only 2.9% (194) of all elderly homeowners live in substandard housing. On
the other hand, 51.8% (1,251) of the elderly renting housing live in
substandard housing. Overall 16.0% (1,445) of all elderly headed
households in the City live in substandard housing.
Utilizing a map, Mr. Whitesell provided a CENSUS TRACT ANALYSIS of the
Elderly in Virginia Beach. The "orange" areas shown on said map indicated a
high concentration of indigent (income below poverty level) elderly. Census
Tracts 402, 404, 406, 408 and 410 in the BAYSIDE BOROUGH have high
proportions of elderly indigent residents. In addition, census tracts 442
(Seatack) and 448.02 in the Lynnhaven Borough have the highest proportion
of indigent elderly. The Rural Boroughs of Pungo and Blackwater have a
high proportion of indigent elderly in opposition to the small number of
elderly in these two CENSUS TRACTS. (Said CENSUS TRACTS are hereby made a
part of the record).
Mr. Whitesell further advised the "green" dots on said map represented Beth
Sholom, Luther Manor and Russell House.
- 38 -
Item Il@.1
NEW BUSINESS ITEM # 25120 (Continued)
Orange blocks indicate subsidized housing.
Mr. Whitesell introduced Dr. Terry S. Jenkins, Department of Mental
Health/Mental Retardation, who presented an overview of the ELDERLY
POPULATION in need for a "HOME FOR ADULTS".
Currently 2,165 elderly are functionally in need of a ROME FOR ADULTS. By
1990, it is estimated that 2,987 will need such a facility. Fifteen years
from now approximately 5,139 Virginia Beach elderly may need this service.
These are individuals with a functional impairment. An individual with a
functional impairment is defined as one who experiences difficulty in one
or more of the following areas: preparing meals, dressing, taking
medication without supervision and walking and/or bathing without
assistance.
Virginia Beach has four (4) HOMES FOR ADULTS; however, none of these
facilities will accept low income elderly persons (individuals with incomes
of $500 a month or less). These elderly must find a HOME FOR ADULTS in an
adjoining locality that will accept low income elderly.
The Committee had identified basically this particular gap in HOUSING.
Mr. Rivera then presented the POLICY OPTIONS developed by the Elderly
Housing Committee:
1. Continue to rely on the private sector to meet the needs of the
targeted elderly population without the benefit of public sector
incentives.
2. Identify an appropriate site, presently owned by the City, and
dedicate it to a private developer/non-profit corporation
utilizing a competitive RFP process in order to ensure service to
the target low income elderly population.
3. Utilize the same public incentive described in number 2 above,
but lease rather than dedicate City owned property to a private
developer/non-profit corporation via a long term (20 - 40 years)
ground lease at a nominal charge. This incentive would also be
implemented through a competitive RFP process.
4. Encourage the development of a HOME FOR ADULTS by a non-profit
corporation with a percentage of units set aside for the targeted
low income elderly population. Such encouragement would include
but not be limited to assistance in obtaining a HUD insured loan
and tax exempt financing via Housing Revenue Bonds.
5. Utilize Community Development or other City funding sources to
acquire a site and/or fund site development costs for a privately
owned and operated HOME FOR ADULTS. This action would provide an
incentive to a private developer/non-profit corporation to
develop a HOME FOR ADULTS which would serve the target low income
population exclusively.
Sam Houston, representing the elderly, also spoke concerning this issue.
BY CONSENSUS, City Council APPROVED the REPORT and ACCEPTED the
RECOMMENDATIONS of the ELDERLY HOUSING COMMITTEE.
Mr. Rivera will return to City Council with a further elaboration of these
recommenations.
March 17, 1986
- 39 -
Item II-M.2.
NEW BUSINESS ITEM # 25121
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council SCHEDULED FOR RECONSIDERATION a WAIVER to a CONDITION imposed June
18, 1973, in the Street Closure Petition of NINITZ, TAYLOR, SCOTT AND
CULPEPPER. CC 001
This RECONSIDERATION will be heard at the City Council Meeting of April 14,
1986.
The Condition requested to be WAIVED:
1. A 20-foot drainage easement shall be dedicated to the City.
The applicant wishes to AMEND this condition by dedicating a standard
5-foot drainage and utility easement along the eastern boundary.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 40 -
Item II-M.3
NEW BUSINESS ITEM # 25122
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED RECONSIDEPATION to the City Council Meeting of April 7,
1986, of a WAIVER TO A CONDITION imposed June 15, 1981, on an Ordinance
upon application of THE CHRISTIAN BROADCASTING NETWORK, INC.
CC 002
ORDINANCE UPON APPLICATION OF CHRISTIAN
BROADCASTING NETWORK FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
Z0681579
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Christian
Broadcasting Network for a Change of Zoning
District Classification from R-8 Residential
District to B-2 Community Business District on
certain property located on the south side of
Indian River Road beginning at a point 770 feet
east of Centerville Turnpike, running a distance of
1295.75 feet along the south side of Indian River
Road, running a distance of 1516.69 feet along the
Eastern property line, running a distance of 661.61
feet along the southern property line, running a
distance of 1039.20 feet in a northeasterly
direction, running a distance of 633 feet in a
northwesterly direction and running a distance of
734.91 feet in a northeasterly direction. Said
parcel contains 28 acres. KEMPSVILLE BOROUGH.
The Condition to be AMENDED:
The applicant has voluntarily agreed to prepare a recordable
agreement advising that a 150-foot buffer along the Eastern
property line will remain R-8 Residential District; AND a
150-foot Buffer along the Southern property line will remain R-5
Residential District.
This WAIVER is deferred in order to enable staff to prepare additional
information.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 41 -
Item II-M.4
NEW BUSINESS ITEM # 25123
ADD-ON
Attorney Robert Cromwell represented the applicant
Telephone conversation was referenced from Mack C. Queen, President,
Lakeview Park Civic League, advising the possible reduction of density
and construction of single-family detached dwellings within the PD-H2
overlay might be acceptable to the Civic League.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech,
City Council referred back through the Planning Commission as expeditiously
as feasible for RECONSIDERATION Ordinances upon application of CRYSTAL
POINT ASSOCIATES for Changes of Zoning:
CC 003
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING FROM R-1 TO R-8
Ordinance upon application of Crystal Point
Associates for a Change of Zoning District
Classification from R-71 Residential District to K-6
Residential District on certain property located on
the south side of Northampton Boulevard at the
intersection with Shell Road. Said parcel contains
7.5 acres. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATON FROM R-8 TO PD-H2
Ordinance upon application of Crystal Point
Associates for a Change of Zoning District
Classification from R-8 Residential District to
PD-H2 Planned Unit Development District on certain
property located on the south side of Northampton
Boulevard at the intersection with Shell Road.
Said parcel contains 7.5 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
These Ordinances were DENIED by City Council on February 18, 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 42 -
Item II-N.1
ADJOURNMENT ITEM # 25124
Upon motion by Councilwoman Creech, and BY ACCLAMATION, City Council
ADJOURNED the meeting at 5:35 P.M.
W
Beverlg 0. Hooks
Chief Deputy City Clerk
Ruth HodgesSmith, CMC a o@ Ha@o
City Clerk
City of Virginia Beach
Virginia