DECEMBER 3, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cny COLWCIL
MAYOR HAROLD BEISCHORER. At L.,g.
VICE-MA YOR REBA S. M@CLANAN, A- @h
JOHN A. BAUM, Ri-k-@ B-gh
NANCY A. CREECH, At L-g@
ROBERT E. FEN7RESS V@ B..h B-gh
BARBARA M. RENLEY, Pw. @h
H. JACK JF"INGS, JR., B-gh
LOUIS R. JONES, Byid@ B--gh
ROBERT G. JONES, At L.@g@
J. HENRY M@COY, JR.. K.@p,@@ B-.gh
MEYERA E. OBERNDORP, At L.,g@ 28i CI7Y HALL BUILDING
RUTH HODGES SMrrH. CMC, Ctv CLk MUNICIPAL CENTER
CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9m
[8041427-4$03
December 3, 1984
Virginia Beach City Council
REPORT OF SURVEY AND STUDY OF PARCELS OF PROPERTY SOUTH OF THE GREEN LINE
THAT MAY BE RECLASSIFIED - 11 AM
WORKSHOP - RESORT AREA ADVISORY COMKISSION STUDY 12 NOON
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Dr. M.G. "Pat" Robertson
Christian Broadcasting Network
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
ITEM II. F. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of November 19, 1984.
G. PRESENTATIONS
1. Life Saving Awards - Virginia Beach Safety Council
2. Resolution in Recognition - Christian Broadcasting Network
H. PLANNING
1. Application of Frank R. and Mary J. Cirer for a variance to
Section 4.4(b) of the Subdivision Ordinance which requires
that lot dimensions conform to the Comprehensive Zoning
Ordinance. The applicants wish to subdivide a 3,636-square
foot parcel (.083 acre) into two lots, each with 1,818
square feet (.042 acres). The site is located on the west
side of Great Neck Road, north of Breezy Road (Lynnhaven
Borough).
(This application was deferred for two weeks on November 19,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
2. Ordinance closing, discontinuing and vacating a portion of
Lee Street (Old Virginia Beach Road and Old County Road) in
the petition of The Runnymede Corporation (Virginia Beach
Borough).
(This ordinance was deferred for two weeks on November 19,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for denial.
1. RESOLUTIONS/ORDINANCES
1. General
a. Resolution accepting the initial report of the Virginia
Beach Resort Area Advisory Commission dated October 22,
1984.
2. Special Revenue Bonds
a. Resolution approving the issuance of Special Revenue
Bonds from the Suffolk Redevelopment and Housing
Authority in the amount of $8,000,000 to CA Associates
(Colonial Arms Apartments).
b. Resolution approving the issuance of Special Revenue
Bonds from the Hampton Redevelopment and Housing
Authority in the amount of $5,000,000 to Apple Creek
Associates I of Virginia Beach, Ltd.
3. Ordinance
a. Ordinance, on FIRST READING, authorizing the issuance of
Public Improvement Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $21,400,000 (Capital
Improvement Program).
ITEM II. 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 Recognition to Christian Broadcasting
Network.
2. Ordinance, on SECOND READING, to appropriate funds of
$29,600 to establish a budget unit within the Department
of Parks and Recreation for self-supporting programs.
3. Ordinance, on SECOND READING, to appropriate funds of
$14,535 for the Law Library.
4. Ordinance, on FIRST READING, to accept and appropriate
funds of $17,000 from the State Department of Mental
Health and Retardation.
5. Ordinance, on FIRST READING, to appropriate $7,500 for
the Tidewater Alcohol Safety Action Program's Substance
Abuse Educational Alternative Pilot Project.
6. Ordinance, on FIRST READING, to appropriate funds of
$7,111.00 for the payment of real estate taxes for
certain properties;
AND,
an Ordinance authorizing and directing the City Manager
to execute on behalf of the City of Virginia Beach an
agreement modifying the lease between Point 01 Woods
Civic League, Incorporated and the City of Virginia
Beach;
AND,
an agreement modifying the lease between the Civic League
of Pembroke Meadows, Incorporated and the City of
Virginia Beach.
7. Ordinance to authorize a temporary encroachment into a
portion of the city property adjacent to Lake Bradford to
Harold A. Young, his heirs, assigns and successors in
title.
8. Ordinance appointing viewers in the petition of Hudgins
and Associates for the closure of a portion of Huntsman
Drive (formerly Denver Avenue) (Lynnhaven Boroug@).
9. Ordinance appointing viewers in the petition of Ernest L.
and Phyllis A. Hudson for the closure of portions of
Southern Boulevard, Maynard Avenue, and Lavender Lane
(Kempsville Borough).
10. Financing proposal of Alexander Brown and Sons, Inc. for
the lease/purchase of various equipment totalling
$200,862; AND, authorize City Manager to enter into the
necessary agreements for the lease/purchase of this
equipment.
11. Ordinance authorizing the City Manager to execute an
agreement concerning the Urban Preservation and Infill
Commitments.
12. Ordinance authorizing the City Manager to execute an
agreement with Planning Management Associates, Ltd. to
develop a land use study for twelve community development
target neighborhoods.
13. Proposed amendments to the B-2 Zoning District regarding
detached restaurants.
ITEM II. J. CONSENT AGENDA (Cont'd)
14. Request of the City Treasurer for tax refunds in the
amount of $1,905.89.
15. Request of the Commissioner of the Revenue for license
refunds in the amount of $5,637.33.
K. UNFINISHED BUSINESS
1. Alternative for evaluating tax exemptions
L. NEW BUSIlqESS
1. Request for waiver of condition - Indian Circle Townhouses
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vir nia Beach Vir@inia
P U B L@ C B R i E I N G
PARCELS OF PROPERTY SOUTH OF THE GREEN LINE
December 3, 1984
11:00 a.m.
The PUBLIC BRIEFING concerning the Planning Commission's careful comprehensive
surveys and studies of those parcels of property in the City of Virginia
Beach south of the "GREEN LINE" was called to order by Mayor Harold Heischober
in the Council Chambers, on Monday, December 3, 1984, at 11:00 in the morning.
Robert J. Scott, Director of Planning, submitted a DOWNZON-ENG INFORMATION
PACKAGE (copy of which is hereby made a part of the record:i. This package
contains a map depicting the area of the City in question, and a list of
all properties subject to consideration for Change of Zoiiing to either
AG-2 Agricultural District or AG-1 Agricultural District. These will be
considered at a JOINT PUBLIC HEARING of the Planning COMMi!3sion and the
City Council on December 17, 1984. A Traffic Analysis is @llso included,
as well as a Map depicting ten considered critical road se@,ments that
would be impacted by development in that portion of the Cil:y, and a computer
print-out out illustrating number of acres and characterisl:ics of the property
involved in each application.
In attendance were:
CITY COUNCIL 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.
Meyera E. Oberndorf
STAFF Thomas H. Muehlenbeck, City Manaer
Giles Dodd, Assistant City Manager for Administration
Aubrey Watts, Director of Public Utilities
Ruth Hodges Smitb, CMC, City Clerk
Jerald Banagan, Real Estate Assessor
Robert J. Scott, Director of Planning
"Dick" Cockrell, Director, Department of Agriculture
"Bob" Esenberg, Risk Management
Jack Whitney, Planning Department
Harold Gallup, Economic Development
Pam Lingle, Director of Public Information
December 3, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
W 0 R K S H 0 P
VIRGINTA BEACH RESORT AREA ADVISORY COMMISSION
December 3, 1984
12:00 p.m.
The WORKSHOP on the VTRGINIA BEACH RESORT AREA ADVISORY COMMISSION STUDY
(ATLANTTC AVENUE BEAUTIFTCATION) was called to order by Mayor Harold
Heischober in the Council Chambers, on Monday, December 3, 1984, at 12:00 in the
afternoon.
Timothy Barrow, Chairman of the VBRAAC, requested the following actions be
taken by City Council immediately:
(1) A staff should be designated to carry out
the demonstration projects and corrective
actions described in the Commission's report
of October 22, 1984.
(2) City Council accept the report and endorse
the Immediate Action Program. According to
staff, this would take the form of a funding
Ordinance requiring two readings.
The annual cost would be approximately $1,969,000 based on a calendar year.
Robert A. Lawson, Jr., Member of the Virginia Beach Resort Area Advisory Commission,
spoke concerning the possible need for a Consultant from Urban Land Tnstitute
and the possible need for an independent authority.
Michael Savvides, Chairmain Virginia Beach Council of the Hampton Roads Chamber
of Commerce also spoke (copy of his statement is hereby made a part of the record)
Councilman Louis Jones requested an amendment to the Resolution accepting the
initial report of the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION dated
October 22, 1984 (See Item IT-I.I.a. of the Agenda under RESOLUTIONS/ORDINANCES).
In attendance were:
CITY COUNCIL VBRAAC STAFF
John A. Baum Timothy Barrow Thomas H. Muehlenbeck
Nancy A. Creech Robert A Lawson J. Dale Bimson
Robert E. Fentress Ruth Hodges Smith,CMC
Mayor Harold Heischober Giles Dodd
Barbara M. Henley Aubrey Watts
H. Jack Jennings, Jr. C. Oral Lambert
Louis R. Jones
Robert G. Jones
Vice Mayor Reba S. McClanan
J. Henry McCoy, J., D.D.S.
Meyera E. Oberndorf
December 3, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 3, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Mayor liarold lleischober in the Conference Room, City Hall
building, on Monday, December 3, 1984, at 1:22 in the afternoon.
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
- 2 -
ITEM # 22838
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following prpose, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel 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.
Uon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council voted to proceed into the EXECUTIVE SESSION, to be followed by the
REGULAR SESSION.
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., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
Mayor Oberndorf entered the EXECUTIVE SESSION at 1:25 P.M.
December 3, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 3, 1984
2:00 p.m.
Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, December
3, 1984, at Two O'Clock in the afternoon.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
INVOCATION: Dr. M. G. "Pat" Robertson
Christian Broadcasting Network
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
December 3, 1984
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.l.
CONSENT AGENDA
ENCROACHMENT/HAROLD A. YOUNG
PLANNING MANAGEMENT
ASSOCIATES ITEM # 22839
Councilman Jennings referenced the Ordinance to authorize a temporary encroachment
into Lake Bradford to HAROLD A. YOUNG, his heirs, assigns and successors in title
(See Item II-J.7 of the Consent Agenda), as well as the Ordinance authorizing the
City Manager to execute an agreement with PLANNING MANAGEMENT ASSOCIATES, Ltd.,
to develop a land use study for twelve community development target neighborhoods,
(See Item II-J.12 of the Consent Agenda). Councilman Jennings requested that
both items be discussed and voted upon separately.
Item II-D.2
H-2 ZONING DISTRICT
AMENDMENTS ITEM # 22840
Councilman Louis Jones referenced the Proposed Amendments to the H-2 ZONING DISTRICT
regarding detached restaurants (See Itern II-H.13 of the Consent Agenda). Council-
man Louis Jones requested that this item be discussed and voted upon separately.
December 3, 1984
5
Item II-F.1
MINUTES ITEM # 22841
Upon motion by Councilman Batim, seconded by Councilman Louis Jones, City
Council APPROVED the Minutes of December 3, 1984.
Voting: 10-0
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, Meyera E.
Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Nancy A. Creech
December 3, 1984
6
Item II-G.I.
PRESENTATION ITEM # 22842
Mayor Heischober introduced Councilwoman Oberndorf who presented Life
Saving Awards to the following and designated same as VIRGINIA BEACH
LIFESAVERS:
RICHARD AQUINO
JERRY WTLSON
JAMES SMTTH
RAYMOND JORDAN*
*Raymond Jordan was absent as he was in Boot Camp in Paris Island. His
LIFESAVING AWARD has been mailed to him.
December 3, 1984
6a
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December 3, 1984
6b
SAF COUNCIL
6i-@,A @ 4 9 'A a Wo ~, ISS We Ii, g
VIRGINIA BEACH LIFESAVER
On October 22. 2984 at 8:30 a.m., Jerry Wit@On W40 Ote4"ing
his apartment when he emelled amoks. He found an apartment
near his on fire and heard ons year otd Donetra Smith arying.
He ontered the apartment and discovered three ,ear old Vondett
Smith and four Near old Howard Lee Smith in the front room.
He picked th bo and took them outaide. when he returned,
a Y;huepbedroom was so hot he burned his hand.
the door knob to
After wetting his shirt he entered the amoke filled room,
dropped to his knees, and, earefulty avoiding the fl4MeS from
the bed and the oloset, grabbed the baby bio the tog, dragged
hertawards him and ran outaide.
,ctt,(eaiipnon
,V mAete0l, .0.4ave ea@lAe6e leltem & 0(0
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.v@eQ'
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sy 46
December 3, 1984
December 3, 1984
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December 3, 1984
7
Item II-G.2
PRESENTATION ITEM # 22843
Mayor Heischober introduced Councilman Jennings who read a RESOLUTION
IN RECOGNITION to:
Dr. M. G. "Pat" Robertson
President and Chancellor
CHRISTIAN BROADCASTING NETWORK
The Mayor presented the RESOLUTION recognizing the contributions of Dr. "Pat"
Robertson, and CBN which is the largest single institution in the City of
Virginia Beach.
December 3, 1984
8
Item II-H. I
PLANNING ITEM # 22844
Attorney Bobby Davis represented the applicant
Charles Connelley, Jr., co-owner of the parcel in questim , registered but did
not speak
A motion was made by Councilman Jennings, seconded by Councilman Fentress,
to APPROVE the application for a variance to Section 4.4(b) of the Sub-
division Ordinance in the matter of the application of FRANK H. AND
MARY J. CIRER.
Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilman Baum,
City Council DENIED the application for a variance to Section 4.4(b) of the
Subdivison Ordinance in the matter of the application of FRANK H. AND
MARY J. CIRER as per the following:
Appeal froin Decision of Administrative Offi.cers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for Frank H. and Mary J. Cirer. Said parcel is located on
the west side of Great Neck Road, 95.92 feet north of Breezy
Road. Plats with more detailed information are available in
the Department of Planning. LYNNHAVEN BOROUGH.
Voting: 8-2 (SUBSTITUTE MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
Rohert E. Fentress, and H. Jack Jennings, Jr.
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
The MAIN MOTION was not deliberated since the SUBSTITUTE MOTION prevailed.
December 3, 1984
9
Item II-H.2
PLANNING ITEM # 22845
Attorney Andrew Fine represented the applicant. Attorney Fine presented
City Council with copies of Site Plans reflecting a Corporate Center
(Copies of which are hereby made a part of the record)
Robert J. Scott, Director of Planning, spoke concerning the opinion of
the Viewers regarding this application. The Viewers have reversed their
opinion as there appears to be a public benefit for property development
as per the site plan submitted.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance closing, vacating and discontintuing a portion
of Lee Steet (Old Virginia Beach Road and Old County Road) in the petition
of THE RUNNYMEDE CORPORATION, as per the following:
Application of The Runnymede Corporation for the dis-
continuance, closure and abandonment of Lee Street (Old
Virginia Beach Road and Old Country Road) on certain
property located on the north side of 21st Street be-
ginning at a point 120 feet more or less west of Cypress
Avenue, running a distance of 31.53 feet along the north
side of 21st Street, running a distance of the north side
of 21st Street, running a distance of 206.03 feet in a north-
westerly direction, running a distance of 210 feet more or
less in a southwesterly direction, running a distance of
50 feet more or less in a northwesterly direction, running
a distance of 340 feet more or less in a northeasterly di-
rection, running a distance of 67 feet in an easterly di-
rection, running a distnace of 193 feet in a southwesterly
direction and running a distance of 237 feet in a south-
easterly direction. Said parcel contains 22,855.9 square
feet. VIRGINIA BEACH BOROUGH.
The following Conditions shall be required:
1. Final Approval of the Site Plan within 180 Days
2. Purchase of the vacated property shall be at
Fair Market Value.
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.
Jonest Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
N(Yne
FINE, FINE, LE:GUM & FINE
CERTIFICATE OF VESTING OF TITLE
Gardiner M. Haight, attorney for The Runnymede Corporation do hereby
certify that:
1. I am an attorney at law and represent The Runnymede Corporation, the
petitioner.
2. If the property described below is discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title to said property
will vest in the Runnymede Corporation and Dirdsong and Clark, the adjacent land
owners.
The said property referred to herein is hereby described as follows:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of old County Road as shown on
'Physical Survey of Fine Propertyl D.B. 303, P. 479,
Virginia Beach, VA.', scale 1- = 40 , dated 21 March
1983, made by Allan L. Carpenter, Certified Land
old
Surveyor; thence runnlng.along the northern side of
County Road N 61* 33' 01 E, 31.74 feet to a point;
thence N 61* 33' al- E, 120.98 feet to a point; thence
44' 21' 05 E, 126.56 feet to a point; thence N 49- 39'
01- E, 94.;l feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79' 09' 01' E, 67.23 feet to a point;
thence S 49' 31' 01- W, 152.27 feet to a point; thence S
44' 211 05' W, 40.86 feet to a point; thence S 56* 181
E, 173.36 feet to a point; thence S 33* 481 B, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76' 091 01- W, 31.53 feet to a point; thence N 33* 481
W, 48.17 feet to a point; thence N 560 181 W, 135.86
feet to a point; thence S 55, 10, 321 W, 144.48 feet to
a point; thence S 60* 271 45- W, 48.60 feet to a point;
thence S 74' 021 47- Wt 19.14 feet to a point; thence S
62' 131 091 W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13* 501 59, W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
T
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTON OF THAT
E STREET (OLD VIRGINIA BEACH
CERTAIN STREET OF VARIABLE WIDTH XNOWN AS LE
ROAD) AND OLD COUNTY ROAD LOCATED IN THE VIRGINIA BEACH BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"PHYSICAL SURVEY OF FINE PROPERTY" DATED MARCH 21, 1983.
WHEREAS, it appearing by affidavit that proper notice has been given by
The Runnymede Corporation, that it would make application to the Council of
the City of Virginia Beach, Virginia, on to have the
hereinafter described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be dis-
continued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed, and vacated:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
"Physical Survey of Fine Property, D.B. 303, P. 479,
Virginia Beach, VA.", scale 1" = 40', dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61* 331 01" E, 31.74 feet to a point;
thence N 61* 331 01' E, 120.98 feet to a point; thence N
44' 21' 05' E, 126.56 feet to a point; thence N 49* 391
01" E, 94.91 feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79' 091 01' E, 67.23 feet to a point;
thence S 49' 311 01' W, 152.27 feet to a point; thence S
44' 211 05' W, 40.86 feet to a point; thence S 56* 181
E, 173.36 feet to a point; thence S 33' 481 E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76' 091 01" W, 31.53 feet to a point; thence N 33' 481
W, 48.17 feet to a point; thence N 56@ 181 W, 135.86
feet to a point; thence S 55* 101 32" W, 144.48 feet to
a point; thence S 60' 271 45" W, 48.60 feet to a point;
thence S 74' 021 47" W, 19.14 feet to a point; thence S
62' 131 09' W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13* 501 59" W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
Said parcel of land being a portion of Lee STreet (Old Virginia Beach Road)
and Old County Road as indicated on that certain plat of property entitled
"Physical Survey of Fine Property" dated March 21, 1983.
SECTION II
A certified copy of this Ordnance shall be filed in the Office of
the Circuit Court of the City of Virginia Beach, indexed in the name of
the City of Virginia Beach, as grantor.
SECTION III
- 10 -
Item Ii-I. 1
RESOLUTION ITPM # 22846
Upon motion by Councilman Robert Jones, seconded by Councilman Louis Jones,
City Council ADOPTED a Resolution (AS AMENDED)*accepting the initial report
of the VIRGINIA BEACH RESORT AREA ADVISORY COMISS10N dated October 22, 1984.
*The fourth paragraph, last sentence shall be AMENDED to read:
The City Manager is hereby directe
before tbe Council a recommended f
meetin in the
Resort Area Advisory Commission Report.
The First Reading of said Ordinance shall be at the City Council Meeting
of December 17, 1984. The Second Reading shall be at the City Council
Meeting of January 7, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mavor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera
E. oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent: December 3, 1984
None
- 10a -
A RESOLUTION ACCEPTING THE INITIAL
REPORT OF THE VIRGINIA BEACH RE50RT
AREA ADVISORY COMMISSION DATED
OCTOBER 22, 1984
WHEREAS, on October 22, 1984, the Virginia Beach Resort
Area Advisory Commission presented its initial report on the
Resort City to City Council, and
WHEREAS, the Commission recommended an immediate action
program intended to improve the image of the Resort City and
long-ranqe resort planning for continuing action, and
WHEREAS, City Council was very impressed with the efforts
of the Commission and believes the report meets the purposes
for which the commission was established.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the initial report of the Virginia Beach
Resort Area Advisory Commission dated October 22, 1984, is hereby
accepted and Council expresses its gratitude to the members
of the Commission for the quality of the study. The City Manager
is hereby directed to give the report further study and bring
before the Council a recommended funding ordinance at the first
City Council meeting in January 1985 for the Immediate Action
Program set forth in the Resort Area Advisory Commission Report.
Adopted by the Council of the City of Virginia Beach, the
day of 19 84
--------------- -----
December 3, 1984
Item II-T.2
RESOLUTIONS ITEM 22847
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED the following Resolution:
RESOLUTION INVITING AND ENCOURAGING TRE ISSUANCE OF
SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT
AND HOUSING AUTHORITY TN THE AMOUNT OF $8,000,000
TO CA ASSOCIATES (COLONIAL ARMS APARTMENTS).
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
oF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED
BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
CA ASSOCIATES
1. PROJECT NAME: (COLONIAL ARMS APARTMENTS)
2. LOCATION: 1801 Colonial Circle
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 216 apartment units located in 14
buildings with separate office and
maintenance building and swimming
pool.
4. AMOUNT OF BOND ISSUE: $8,000,000.00
5. PRINCIPALS: Wendell C. Franklin
Stanley L. Harrison
Alan B. Nusbaum
Richard E. Airing
William H. Halprin
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is Rezoning proposed? Yes No X
c. If so, to what zoning
classification?
The purpose of this Resolution is to encourage the Suffolk
Redevelopment and Housing Authority to issue its Special Revenue
Bonds for the benefit of CA Associates (Colonial Arms Apartments).
HA)'
SEASHORE
L
PROJECT NAME: C.A. ASSOCIATES
(Colonial Arins Apartaients)
PROJECT LOCATION: 1801 Colonial Circle
Virginia Beach, Virginia
TYPE OF PROJECT: 216 unit multi-family residential rental housing project
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: Decernber 11, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: CA ASSOCIATES
TYPE OF FACILITY: 216-unit multi-family residential rental apartment
project known as Colonial Arms Apartments.
1. Maximum amount of financing sought $5,000,000.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $4,000,000.00
3. Estimated real property tax per
year using present tax rates $ 32,000.00
4. Estimated personal property tax
per year using present tax rates $ 1,500.00
5. Estimated merchants' capital
(business license) tax per year
using present tax rates $ 3,096.76
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 48,000.00
7. Estimated number of regular employees
on year round basis $ 3
8. Average annual salary per employee $ 15,000.00
The information contained in this Statement is based solely on facts
and estimates provided by the Applicant, and the Authority has made no
independent investigation with respect thereto.
CTTY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
RESOLUTION
WHEREAS, CA Associates, a Virginia general partnership (the
"Developer"), desires to acquire, renovate and equip a multi-family
housing project consisting of 216 housing units and associated
amenities (the "Project") at 1801 Colonial Circle, Virginia Beach,
Virginia, and to operate the Project so as to make available at least
20i of the housing units to person of low or moderate income; and
WHEREAS, the City of Virginia Beach wishes to foster the
availability of housing to persons of low or moderate income; and
WHEREAS, the Developer desires to finance the acquisition,
renovation and equipping of the Project with the proceeds of
industrial development bonds exempt from taxation pursuant to Section
103(b)(4)(A) of the Internal Revenue Code; and
WHEREAS, the Suffolk Redevelopment and Housing Authority has
the power to make loans for assistance in the acquisition and
rehabilitation of residential buildings, and has the power to issue
its bonds for the benefit of the Developer to make such a loan; and
WHEREAS, there is a shortage of safe or sanitary dwelling
accommodations in the City of Virginia Beach available to persons of
low incorne at rentals they can afford; and
WHEREAS, these conditions can best be remedied through the
exercise of the Suffolk Redevelopment and Housing Authority's powers
with the City of Virginia Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Suffolk Redevelopment and
Housing Authority to exercise its aforesaid powers within the City of
Virginia Beach for the purposes hereinabove described, and the
Authority is invited and encourage to issue its bonds for the benefit
of the Developer and the futherance of said purposes.
2. The Chairman or Vice-Chairman of or counsel selected by
the Authority is hereby authorized to attend to the institution of a
proceeding on the Authority's behalf, if requested to do so by the
Developer, in the Circuit Court of the City of Suffolk to provide for
the judicial validation of the bonds pursuant to Article 6, Chapter 5,
Title 15.1 of the Code of Virginia of 1950, as amended, and, in
connection therewith, to take whatever further action, including the
prosecution of an appeal, as is deemed necessary or desirable in order
to provide for validation of the bonds.
3. These resolutions shall not be deemed an endorsement of
said bonds or the creditworthiness of the Authority, the Developer or
any other person or entity, and the bonds shall provide that the City
shall not be obligated to pay the bonds or the interest thereon or
other costs incident thereto, and neither the faith and credit nor the
taxing power of the Commonwealth, the City or the Authority shall be
pledged therefor.
ADOPTED December 3, 1984
GKQ.RESO.BIRD.10/23/84 - 2
- 12 -
Item II-I.2b.
RESOLUTIONS ITEM # 22848
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED the following Resolution:
RESOLUTION INVITING AND ENCOUPAGING THE ISSUANCE
OF SPECIAL REVENUE BONDS FROM THE HAMPTON RE-
DEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT
OF $5,000,000 TO APPLE CREEK ASSOCIATES I OF
VIRGINIA BEACH, LTD.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED
BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
Apple Creek Associates I of Virginia
1. PROJECT NAME: Beach, Ltd- Project
500 Freemac Drive
2. LOCATION: Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 132-Unit Residential Rental Apartment
Tr-6 ]-e c t
4. AMOUNT OF BOND ISSUE: $5,000,000
5. PRINCIPALS: Steve Holsey
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-1
b Is rezoning proposed? Yes No XX
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is to encourage the
Hampton Redevelopment and Housing Authority to issue its Special
Revenue Bonds for the benefit of Apple Creek Associates I of
Virginia Beach, Ltd.
1 1/ 5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: November 28, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Apple Creek Associates I of virginia Beach, Ltd. Project
TYPE OF FACILITY: 132-Unit Rental Apartment Project
1. Maximum amount of financing sought s 5 , 0 0 0 , 0 0 0
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality s , 0 0 0 , 0 0 0
3. Estimated real property tax per year
using present tax rates $ 28 000
4. Estimated personal property tax per
year using present tax rates $
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A-
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 200 lioo-_-_
7. Estimated number of regular employees on
year round basis -- 4
8. Average annual salary per employee $ 10@ 0 0
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By- C air-ma-n----
PROJECT NAME: APPle Creek Associ ates I of Virginia Bei
PROJECT ADDRESS: 500 Fremac Dr.
TYPE OF PROJECT: Multi-Family
RESOLUTION
WHEREAS, Apple Creek Associates I of Virginia Beach,
Ltd., a Virginia limited partnership (the "Developer") desires
to construct housing in the City of Virginia Beach, Virginia
(the "City"); and
WHEREAS, the City wishes to induce the construction of
such housing in order to provide needed apartment dwellings;
and
WHEREAS, the Developer desires to finance the construction
of said housing with the proceeds of industrial development
revenue bonds exempt from taxation pursuant to SS 103(b)(4)(A)
of the Internal Revenue Code; and
WHEREAS, the Hampton Redevelopment and Housing Authority
(the "Authority") has the power to make loans for assistance
in housing construction and is willinq to issue bonds for
the benefit of the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise its
aforesaid powers within the City for the purposes hereinabove
described, and the Authority is invited and encouraged to
issue its bonds for the benefit of the Developer and the fur-
therance of said purposes.
2. These resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the
Developer, or any other person or entity, and the bonds shall
provide that the City shall not be obligated to pay the bonds
or the interest due thereon or other costs incident thereto,
and neither the faith and credit nor the taxing power of the
Commonwealth, the City, or the Authority shall be pledged
thereto.
Adopted this 3rd day of December, 1984.
-2-
- 13 -
Item II-I.3.a.
ORDINANCE ITEM # 22849
Upon motion by Councilman Louis Jones, seconded by Councilwoman Nancy Creech,
City Council APPROVED an Ordinance, on FIRST READING, authorizing the issuance
of PUBLIC IMPROVEMENT BONDS of the City of Virginia Beach, Virginia, in the
maximum amount of $21,400,000 (CAPITAL IMPROVEMENT PROGRAM).
Councilwoman Henley reaffirmed this is the TOTAL AMOUNT of PUBLIC IMPROVEMENT
BONDS. The specified projects are flexible until after the Public Hearings.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 13a -
1 1 - 27 - 84
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF PUBLIC IMPROVEMENT
BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $21,400,000
WHEREAS. the City has retired or will retire indebtedness
in an amount of not less than $11,400,000 during 1984, so that
the City will be authorized to issue bonds in an amount of at
least $21,400,000 during 1984 without submitting the question
of their issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach, Virginia, to construct and improve
various public facilities and improvements, all of which will pro-
mote the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the City Charter (Ch. 147,
Acts of Assembly of 1962, as amended) and the Public Finance Act,
there are hereby authorized to be issued public improvement bonds
of the City of Virginia Beach in the maximum amount of Twenty-One
Million Four Hundred Thousand Dollars ($21,400,000) to provide
funds, together with other funds that may be available, for the
following purposes:
School projects, including planning,
site acquisition and improvement,
construction, renovation and equipping
of schools and related facilities $7,284,200
Engineering and highway projects,
including right-of-way acquisition,
construction, improvement and exten-
sion of streets, bridges and high-
ways, dredging at Rudee Inlet, and
December 3, 1984
13b -
2-
studies, design and construction of
drainage systems and related facilities 3,101,462
Building projects, including plan-
ning, site acquisition and improvement,
construction, enlargement, renovation,
equipping and furnishing various
municipal buildings and facilities,
including central library, arts center,
Virginia Museum of Marine Sciences,
human resources building, community
center, juvenile and district court
buildings and landfill expansion 7,979,188
Parks and recreation Project .1 .. .
s, in-
cluding planning, site acquisition
and improvement, renovation and
imp@ovement of existing parks, and
development of new parks and com-
munity centers 3,035,150
TOTAL $21,400,000
Any amount not needed for any of such purposes may be used for
any other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
premitted by law at the time the bonds are sold, be in such
denominations and form, be executed in such manner and be sold
at such time or times and in such manner, including the sale of
the same as one or more separate issues or in combination with
the sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
December 3, 1984
- 13c -
- 3-
5. This ordinance shall take effect immediately.
Approved this day of December, 1984.
By
Mayor
FIRST READING: December 3, 1984
SECOND READING:
December 3, 1984
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
School Projects:
1-911 Shelton Park Elementary School Renovation $ 356,000 $ 200,000
- This project is for the installation of new electric
service and replacement of existing oil fired boilers
with new, efficient electric pumps, and replacement
of incandescent lighting with new fluorescent light-
ing fixtures.
1-917 Birdneck Elementary School 7,167,699 3,280,000
- This project is for the construction of a new elemen-
tary school which will house approximately 1,590 stu-
dents within 118,925 square feet of space.
1-937 Salem Junior High School 12,765,000b 425,000
- This project is for the construction of a new junior
high school to house eighteen hundred students in
approximately 185,000 square feet on a twenty-five
acre site located in the Kempsville Borough along the
future Lynnhaven Parkway.
1-951 Salem High School 17,369,200 1,069,200
- This project is for the construction of a new high
school to house two thousand students within approxi-
mately 236,000 square feet of space to be located in
the west Kempaville area.
1-952 Rosemont Foreat Elementary School 5,035,000 1,035,000
- This project is for the construction of a new elemen-
tary school to house approximately nine hundred stu-
dents within 66,000 square feet of space.
1-957 First Colonial High School Roofing 275,000 275,000
- This project is for the reroofing of the two story
wing and the band and choral areas of the building.
1-962 Parkway Elementary School 4,900,000 1,000,000
- This project includes the construction of a new ele-
mentary school along Princess Anne Road between Lynn-
haven Parkway and the Navy Housing which will house
approximately nine hundred students.
Total School Projects $ 47,867@899 $ 7,284,200
Page 1
L/89MCIP/1984C-1
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
Engineering and Tlighway Projects:
2-021 Rural Road Demonstration Projects $ 250,000 $ 250,000
- This project involves the reconstruction and/or
widening of existing substandard rural roads to pro-
vide a minimum travel lane of twelve (12) feet on
collector roads and eleven (11) feet on local roads
with adequate shoulders.
2-410 Great Neck Road - Phase II 16,314,oooa 340,725
- This project is for the construction of a four-lane
divided arterial street, approximately 2.2 miles
long, from Shorehaven Drive to Shore Drive including
a high-rise bridge over Long Creek and Long Creek
Canal. Sufficient right-of-way will be acquired to
expand the facility to six lanes.
2-412 Virginia Beach Boulevard - Phase I 15,911,200@ 300,000
- This project is for the reconstruction of Virginia b
Beach Boulevard into an eight-lane divided arterial
from Witchduck Road to Rosemont Road, a distance of
approximately 3.3 miles. Construction will be coor-
dinated with projects #5-950 Virginia Beach Boule-
vard - Phase I and #6-825 Virginia Beach Boulevard -
Phase 1.
2-600 Virginia Beach Boulevard - Phase 11 15,169,900a 100,000
- This project is for the reconstruction of Virginia
Beach Boulevard into an eight-lane divided arterial
highway from Rosemont Road to Great Neck Road, a dis-
tance of approximately 3.0 miles. Construction will
be coordinated with projects #5-990 Virginia Beach
Boulevard - Phase Ii and #6-954 Virginia Reach Boule-
vard - Phase 11.
2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 834,775 471,799
- This project is for a hydraulic study with the subse-
quent design and construction of structure improve-
ments at the access road, and will also include major
channel work for residential drainage systems with
outfall into Stumpy Lake Reservoir.
Page 2
L/89MCIP/1984C-2
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
Engineering and Highway Projects: (continued)
2-817 Chesapeake Beach Drainage - Phase I $ 524,074 $ 89,009
- This project is for installation of a pump station
outfall for Pleasure House Lake.
2-828 Independence Boulevard Intersection at Ferrell Parkway 525,000 25,000
- This project is for advanced site acquisition for a
future interchange as approved in the City Naster
Street and Highway Plan.
2-830 Rudee Inlet Dredging 1,162,000b 36,000
- This project will provide semi-annual maintenance
dredging of Rudee Inlet as proposed by the U.S. Army
Corps of Engineers with city participation in the
initial construction cost.
2-836 Raygood Road 6,680,000a 611,772
-This project is for the reconstruction of the exist-
ing 2.1 mile two-lane road to a four-lane facility
from independence Boulevard to Bayside High School
and provides for a new alignment between Bayside High
School and Diamond Springs Road to connect with
Wesleyan Drive extended.
2-911 Kempsville Road - Phase 11 4,878,350a 235,350
- This project is for the construction of a 1.779 mile
four-lane divided arterial street and bikepath from
Indian River Road to Centerville Turnpike. Construc-
tion will be coordinated with project #5-939 Kemps-
ville Suction Main - Phase II.
2-926 Atlantic Avenue Beautification 28,664,750 270,000
-This project consists of roadway improvements, land-
scaping development, and beautification of Atlantic
Avenue from the Rudee Loop to 40th Street, a distance
of approximately 14,500 feet. Project will be coor-
dinated with projects #5-966 Atlantic Avenue Improve-
ments and #6-925 Atlantic Avenue Improvements.
2-953 Beggars Bridge 350,957 6,807
- This project is for the replacement of the existing
bridge on Muddy Creek Road with a new structure.
Page 3
L/89NCIP/1984C-3
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number. Title, Description Cost Charter Bonds
Engineering and Highway Projects: (concluded)
2-962 Pungo Ferry Road Bridge $ 7,961,195 $ 100,000
- This project is for the replacement of the existing
swing span and bridge approach spans.
2-977 Shore Drive Bridge over Eastern Shore Railroad 1,700,oooa 65,000
- This project is for the replacement of the existing
bridge on Shore Drive where it crosses the Eastern
Shore Railroad at the western city line.
2-995 Independence Boulevard/Buckner Boulevard 500,000 200,000
-This project is for the construction of two lanes of
a future four-lane highway through a portion of Green
Run. Independence Boulevard will be constructed from
Buckner Boulevard to Princess Anne Road. A portion
of Buckner Boulevard will be constructed to extend
the road to Rosemont Road.
Total Engineering and Ilighways $ 101,426,201 $ 3 101 462
Building Projects:
3-905 Central Library $ 11,107,800 $ 3,829,118
-The Central Library is designed as a two-story faci-
lity of 90,000 square feet and will be the core of
the book, media, and information delivery system of
the library. It will be constructed on a 610' x 500'
site located east of Thalia Road along Virginia Beach
Boulevard at its intersection with Stepney Lane.
3-928 Virginia Museum of Marine Sciences 5,784,402 a 1,000,000
-The museum will consist of a 41,500 square foot buil-
ding to be constructed at Owl Creek. Exhibits and
programs will focus on Virginia Beach's marine en-
vironment; approximately half of the exhibits will
consist of live marine animals which will be dis-
played in the museum's 100,000 gallons of marine
aquaria.
Page 4
L/89MCIP/1984C-4
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
Building Projects: (continued)
3-933 Landfill #2 - Expansion $ ,458,,87c $ 1,183,115
-Project includes the acquisition of 262 acres of land
adjacent to the present Landfill #2 and the prepara-
tion of that land for use as a landfill. Project
also includes material to close out existing portion
of landfill and provides for land acquisition for
future expansion.
3-938 Human Resources Building Renovation 2,000,000 800,000
-This project includes renovation of 15,200 square
feet of the Social Services Building for use as a
Health Department Clinic and operational facilities
to replace the Bayside and Municipal offices, and
9,800 square feet for a Mental Health and Mental
Retardation Sheltered Workshop.
3-948 Virginia Beach Arts Center - Site Work 283,805 283,805
-This project will provide the drainage, roads, and
utility facilities for a new 20,000 square foot con-
temporary structure to house exhibition galleries,
art studios, classrooms, and a 300 seat auditorium.
This structure will be built with private funds and
will replace the current structure built before
World War II.
3-949 Seatack Community Center 300,000 300,000
-This project is for the construction of a community
center on the same property as the existing struc-
ture, currently under code violations, with meeting
rooms, restrooms, heating, lighting, air condition-
lng, outside hard surface recreation area, and site
improvements.
3-950 Juvenile Court guildings and District Court Building
Renovation 5,671,000 500,000
-This project includes construction of a 80,000 square
foot building to include courtrooms, hearing rooms,
and attorney conference rooms area for Juvenile Court
Clerk and Juvenile Probation. Also includes renova-
tion of existing Juvenile Court area of the District
Court Building for use by General Diatrict Court.
Page 5
L/89MCIP/1984C-5
CITY OF VIRGINIA BEACR, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, De tion Cost Charter Bonds
Building Projects: (concluded)
3-959 Tidewater Community College Site Improvements -
Phase IIB $ 304,818 $ 83,150
- This project will provide site development associated
with the construction of the Phase IIB building.
Total Buildings $ 33,910,012 $ 7 979,188
Parks and Recreation Projects:
4-801 Virginia Beach Recreation Center - Great Neck - Phase 1 $ 3,374,670 $ 700,000
-This is the first phase of construction of a communi-
ty center which includes a 50 meter indoor pool, gym-
nasium, meeting rooms, and parking areas located off
Shore Haven Drive at Great Neck Park. This phase
provides for pool support facilities and the design
of a total recreation center.
4-807 Great Neck Meadows Park 373,500 127,024
-This project provides for the acquisition and deve-
lopment of a 10.8 acre park site located at Calypso
Lane within the Great Neck Meadows subdivision. The
subdivision will have approximately 1,100 residents.
The development includes a multipurpose field, play-
ground equipment, and picnic facilities.
4-808 Saw Pen Point Park 268,500 84,126
-This project provides for the acquisition and deve-
lopment of a 4.6 acre park site located at the inter-
section of Saw Pen Point Trail and Tree Chop Trail.
The Saw Pen Point subdivision will have approximately
300 residents. The development includes playground
apparatus, picnic facilities, and two tennis courts.
Page 6
L/89MCIP/1984C-6
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
Parks and Recreation Projects: (continued)
4-913 Great Neck Park Development $ 1,649,708 $ 817,000
- This project Involves developing a 70 acre park site
which is contiguous to the Lynnhaven Bay. It is lo-
cated in the Lynnhaven Borough and is accessed by
Great Neck Road and Shorehaven Drive. The develop-
ment includes picnic and group shelters, open space
with jogging, hiking, and nature trails, playground
apparatus, and athletic fields for softball, foot-
ball, and soccer. An amphitheater, access road,
parking area, and restroom facilities will also be
constructed.
4-915 Lynnhaven Park (Racquetball Court Addition) 208,203 58,000
- This project involves the addition of four racquet-
ball courts to the existing four courts, plus a
screen covering, and an observation deck.
4-919 Birchwood, Malibu and Carolanne Farms 600,000 200,000
- This project provides for acquisition and development
of two sewage treatment plant sites. County Utili-
ties, designated as Parcel A, contains approximately
14 acres and is located at Royal Palm Arch in the
Lynnhaven Borough. Kempsville Utilities, designated
as Parcels B and C, contains 22.018 acres and is
located at Challedon Drive in the Kempsville Borough.
4-927 Virginia Beach Recreation Center/
Kempsville Air Conditioning 296,300 24,000
- This project provides for an additional air condi-
tioning unit capable of conditioning and improving
air quality in the following areas: gymnasium; men's
and women's locker rooms; and the hallways leading to
the pool, racquetball court, and exercise rooms.
4-931 Sajo Farms Manor Renovation 1,100,000 55,000
- This project involves the renovation of the 14,500
square foot Sajo Farms Manor and the 4.6 acre manor
site. Renovation includes improvements to the inter-
ior and exterior necessary to make the location ac-
ceptable and safe for public us6. Adaptations will
be made in order to serve the handicapped. Funding
does not provide for the access road.
Page 7
L/89MCIP/1984C-7
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS FUNDED BY 1984 CHARTER BONDS
IN THE FY 1984-85 - FY 1988-89 CIP
Amount
Estimated Funded by
Project 1984
Project Number, Title, Description Cost Charter Bonds
Parks and Recreation Projects: (concluded)
4-932 Munden Point Bulkheading $ 335,000 $ 335,000
- This project involves constructing a bulkhead along
2,500 feet of coast line composed of five fingers of
land, located within Munden Point Park.
4-933 Virginia Beach Recreation Center - Bayside 635,000 635,000
-This project provides funding for consultant fees for
a community center, which will include an indoor 75'x
45' Z-shaped pool, multipurpose room, program area to
include therapeutics, bowling, racquetball, and park-
ing area. The proposed location is in the Bayville
Farms Park area.
Total Parks and Recreation Projects $ 8,840,881 $ 3,035,150
TOTAL PROJECTS FUNDED BY 1984 CHARTER BONDS $ 192 044 993 21,400,000
Estimated Project Cost Funding Summary:
1984 Charter Bonds $ 21,400,000
City Financing to Date 17,380,354
Future City Funding 84,518,765
a State Cost Participation 45,958,302
b Federal Cost Participation 21,316,685
c City of Norfolk Cost Participation 1 470 887
Total $ 192,044,993
Page 8
L/89MCIP/1984c-8
- 14 -
Item 11-J.
CONSENT AGENDA ITEM # 22850
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION Items 1 thru 15 EXCEPT Items 7, 12 and 13 which were
considered separately.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 15 -
Item II-J. I
CONSENT AGENDA ITEM # 22851
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED a Resolution in Recognition to :
Dr. M. G. "Pat" Robertson
President and Chancellor
CHRISTIAN BROADCASTING NETWORK
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 15a -
RESOLUTION IN RECOGNITION
TO
DR. M. G. "PAT" ROBERTSON
WHEREAS:
"In the beginning ... God said, 'Let there be light and there was light'."
Biblical verse also admonishes man to let his light so shine that other men may see his
good marks;
"Except the Lord build the house,
they labour in vain that build it;
Except the Lord keep the City, the
watchman waketh but in vain."
WHEREAS:
Virginia Beach was born a city of the first class from the merger of rural and
urban land and folks in 1963 -- N. G. 'Pat' Robertson was struggling to keep his daily
religious talk show on the air in spite of meager funds and antiquated equipment -- yet,
two decades later Virginia Beach is a thriving-growing multi-industrious municipality
comprised of more than three hundred thousand people whose largest single Institution is
Christian Broadcasting Network which recently invited Virginia Beach to "celebrate" a new
light in spiritual as well as intellectual growth with a dynamic step forward in the
realization of its Univeraal Mission -- the magnificent new Library, reflecting Colonial
architecture in this stately Georgian structure -- a link to the past to those thinkers who
have gone before and a beacon to the future for those who follow; and,
WHEREAS:
CBN opened its doors in Virginia Beach in 1978. Today its mission is heard and
seen throughout the world. Like her eternal flame, the warmth of caring and strength of
light reflect visions shaped by dreams, molded by determination and nurtured with love of
fellowmen so articulately characterized by Pat Robertson as be first struggled and now
shares his blessings of success not only in this community but with youth and adults alike
from all over God's world.
NOW, THEREFORE, BE IT RESOLVED:
That Virginia Beach City Council pause In this Thanksgiving season to express
pride in and deepest gratitude to
Dr. M. G. -Pat- Robertson
Founder and Chancellor
Christian Broadcasting Network
Given under our hands and seals,
this Third dAy of December,
Nineteen Hundred Eighty-Four.
Members of City Council
Vice Mayor Mayor
December 3, 1984
- 16 -
item ii-J.2
CONSENT AGENDA ITE14 # 22852
Up.n motion by Councilman Baum, second,-d by councilman McCOY, City Council
ADOPTED an Ordinance, n SECOND READING, to appropri,te fnds of $29,600
to estblifh a budget unit within the DEPARTMENT OF PARKS AND RECREAT10N
for se
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
16a
0
AN ORDINANCE TO APPROPRIATE FUNDS OF
$29,600 TO ESTABLISH A BIJDGET IJNIT
WITHIN THE DEPARTMENT OF PARKS AND
0 RECREATION FOR SELF-SUPPORTING PROGOAMS
r-
o.
WHEREAS, certain recreational programs of a self-
supporting nature have been organized by employees of the
Department of Parks and Recreation for our citizens, and
WHEREAS, the employees have acled as the collector and
disburser of funds for the aCLivities, and the city has not
participated in the fiscal function, and
WHEREAS, it is the desire of these employees and the
department that the City establish a budget unit for self-
supporting programs that will allow the Department of Parks and
Recreation Lo provide these services that might otherwise be
discontinued, and
WHFRFA.q, the departmenl has determined that funds of
$29,600 will be needed for Contractual Services and Other
Charges to establish a budget unit for PY 1984-11)85, and
WHEREAS, the appropriation wili he supported by offsetting
revenues.
NOW THEREFORE, be it ordained by the Council of the City
of Virginia Beach, Virginia that a budget unit be established
within the Department of Parks and Recreation for self-
supporting programs and that funds of $29,600 be appropriated
to this budget unit for Contractual Services and Other Charges.
BE IT FURTHER ORDAINED that General Fund Revenues he
increased by $29,600 to finance the appropriation.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Reach,
Virginia on 3 day of December 1984.
FIRST READING: 19- 1984
SECOND READING:
JCM/OR[)/33
December 3, 1984
- 17 -
Item II-J.3
CONSENT AGENDA ITIM # 22853
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $14,535
for the LAW LIBRARY.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
17a
AN ORDINANCE TO APPROPRIATE FUNDS
OF $14,535 FOR THE LAW LIBPARY
WHEREAS, the Department of Public Libraries has reviewed
the operation of the Law Library and has identified the need
for several items, and
WHEREAS, the request totals $14,535 and includes microfilm
equipment and books recommended by the Virginia Reach Bar
Association, and
WHEREAS, the Law Library Fund has an Undesignated Fund
Balance of approximately $38,000 which is an accumulation of
excess revenue from courl fees, and
WHEREAS, the department desires to purchase the needed
items utilizing the Fund Balance.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE cl-ry
OF VIRGINIA BEACH, VIRGINIA that funds of $14,535 be
appropriaLed from the Law Library Fund Balance to purchase
neLded items for the Law Library.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Reach,
Virginia on 3 day of December 1984.
FIRST READING: November 19, 1984
SECOND READING: December 3, 1984
JCM/ORD/36
A'
- 18 -
Item II-J.4
CONSENT AGENDA ITEM # 22854
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED an Ordinance, on FIRST READING, to accept and appropriate
funds of $17,000 from the STATE DEPARTMENT OF MENTAL HEALTH AND RETARDATION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Reischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 18a -
AN ORDINANCE TO ACCEPT AND
APPROPRIATE FUNDS OF $17,000
FROM THE STATE DEPARTMENT OF
MENTAL HEALTH AND MENTAL
RETARDATION
WHEREAS, the Department of Mental Health and Mental
Retardation (MH/MR) has determined the need to replace one of
the vans which is used in the MH/MR program, and
WHEREAS, a grant in the amount of $17,000 has been
awarded by the State Department of Mental Health and Mental
Retardation for the purchase of this van.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is
hereby authorized to accept the grant for the city, and funds
are hereby appropriated in the amount of $17,000 to the
Department of Mental Health and Mental 4etardation for the
purchase of a van.
BE IT FURTHER ORDAINED that estimated revenue from
the State Department of Mental Health and Mental Retardation
be increased by $17,000.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1984.
FIRST READING: December 3, 1984
SECOND READING:
A;) O'@i C 0 t4T E N T
CITY ATTO.(r@'..' December 3, 1984
- 19 -
Item II-J.5
CONSENT AGENDA ITEM # 22855
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED an Ordinance, on FIRST READING, to appropriate $7,500 for the
TIDEWATER ALCOHOL SAFETY ACTION PROGRAM'S SUBSTANCE ABUSE EDUCAT10NAL
ALTERNATIVE PILOT PROJECT.
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. @IcClanan, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 19a -
AN ORDINANCE TO APPROPRIATE
$7,500 FOR THE TIDEWATER ALCOHOL
SAFETY ACTION PROGRAM'S SUBSTANCE
ABUSE EDUCATIONAL ALTERNATIVE PILOT
PROJECT
WHEREAS, the Community Services Board approved an
experimental project of TVASAP called the SEA Pilot Project
on May 24, 1984, and
WHEREAS, the Division of Motor Vehicles has advised
of the requirement for separate accounting of expenditures
for TVASAP and the SEA Pilot Project, and
WHEREAS, the SEA Pilot Project estimates client fee
revenue of $7,500 this year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That funds are hereby appropriated in the amount of
$7,500 for the SEA Pilot Project, and
BE IT FURTHER ORDAINED that the appropriations be
financed by $7,500 Estimated Revenue from the client fees
of the SEA Project.
Adopted by the Council of the City of Virginia
Beach on the day of 1984.
FIRST READING: December 3, 1984
SECOND READING:
APPROVED AS To CONTENT
DEPARTMENT
p P. OtA 1" TO, P
-NEY
December 3, 1984
- 20 -
Item II-J.6
CONSENT AGENDA ITEM # 22856
TJpon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED an Ordinance, on FIRST READING, to appropriate funds of $7,111.00
for the payment of real estate taxes for certain properties, POINT O' WOODS
CIVIC LEAGUE, INC., SEATACK COMMUNITY PROPERTY, INC. AND PEMBROKE MEADOWS
CIVIC LEAGUE, INC.. City Council also ADOPTED an Ordinance authorizing and
directing the City Manager to execute on behalf of the City of Virginia Beach
an agreement modifying the lease between POINT O' WOODS CIVIC LEAGUE,
TNCORPORATED and the City of Virginia Beach; AND, an agreement modifying
the lease between the CIVIC LEAGUE OF PEMBROKE MEADOWS, INCORPORATED
and the City of Virginia Beach.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 20a -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$ 7,111.00 FOR THE PAYMENT OF REAL
ESTATE TAXES FOR CERTAIN PROPERTIES
WHEREAS, the Commissioner of the Revenue recently
received an opinion from the Attorney General bf the
Commonwealth of virginia dealing with the exemption from
taxation of religious, charitable, and benevolent organizations;
and
WHEREAS, based on the opinion of the Attorney General
certain properties that were treated as exempt from real property
taxation are not eligible for such exemptions; and
WHEREAS, the following organizations have properties
which were converted from tax exempt to taxable with taxes due
as indicated:
TAXES DUE (Includes
Penalty & Interest
ORGANIZATION through 12/31 , 1984)
Point o' Woods Civic League, Inc. $3,233.48
Seatack Community Property, Inc. 3,754.22
Pembroke Meadows Civic League, Inc.* 92.51
(*Note: Partial payment of $29.90 has been received)
WHEREAS, the City has enjoyed a special relationship
with these organizations whereby the City has used these properties
for city purposes; and
WHEREAS, consequently City Council desires to pay the
real estate taxes, penalty and interest due for these properties.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $ 7,111_on be
appropriated from the General Fund Balance to pay the following
real estate taxes, penalty and interest, and to reimburse the
Pembroke Meadows Civic League, Inc. for its partial payment of
$29. 9 0 :
Point O' Woods Civic League, Inc. $3,233.48
Seatack Community Property, Inc. 3,754.22
Pembroke Meadows Civic League, Inc. 92.51
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1984.
GLF/sm
11/13/84 "PROVED A@TO CONTENT
FIRST READING: Deceml)er i. 1984 e SIGNATURE
4*W .
SECOND READING: DEPARTMENT
APPROVED 45 TO F RM
CITY AT--(, ',JEY
I
- 20b -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE ON BEHALF
OF THE CITY OF VIRGINIA BEACH AN
AGREEMENT MODIFYING THE LEASE BETWEEN
POINT O' WOODS CIVIC LEAGUE, INCORPORATED
AND THE CITY OF VIRGINIA BEACH, AND AN
AGREEMENT MODIFYING THE LEASE BETWEEN
THE CIVIC LEAGUE OF PEMBROKE MEADOWS,
INCORPORATED AND THE CITY OF VIRGINIA BEACH
WHEREAS, pursuant to a written lease agreement dated
July 1, 1970, the City of Virginia Beach has leased a parcel of
land from the Point O' Woods Civic League for $1.00 Der year; and
WHEREAS, pursuant to a written lease agreement dated
August 28, 1974, the City of Virginia Beach has leased a parcel
of land from the Civic League of Pembroke Pleadows, Incorporated
for $1.00 per year; and
T@IHEREAS, both parcels of land which are leased to the
City are utilized by the City's Department of Parks and Recreation
for public park and recreational purposes; and
WHEREAS, the Commissioner of the Revenue recently
received an opinion from the Attorney General of the Commonwealth
of Virginia dealing with the exemption from taxation of certain
real property; and
WHEREAS, as a result of the said opinion of the Attorney
General, it has been determined that the property of the Point
01 Woods Civic League, Incorporated and the Civic League of
Pembroke Meadows, Incorporated is not exempt from ad valorem
taxation; and
WHEREAS, the Point O' Woods Civic League, Incorporated
and the Civic League of Pembroke Meadows, Incorporated have been
and will continue to be assessed and taxed for the properties
that are currently under lease to the City; and
WHEREAS, at the time the said leases were entered into
it was the belief and understanding of the City and the respective
civic leagues that the properties to be leased to the City were
and would continue to be tax exempt; and
WHEREAS, it is the opinion of the City Council that the
leases between the City and these two civic leagues should be
modified to provide that the City shall pay the annual real estate
December 3, 1984
- 20c -
tax due on each parcel for as long as the respective leases remain
in effect.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute on behalf of the City of Virginia Beach the Modification
Agreement between the City and the Point O' woods Civic League,
Incorporated (a copy of which is attached hereto as Exhibit "A")
and the Modification Agreement between the City and the Civic
League of Pembroke Meadows, Incorporated (a copy of which is
attached hereto as Exhibit "B".)
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3 day of December 1984.
GLF/sm
11/13/84
APPROVED A CONTENT
5TO
SIGNATURE
DEPARTMENT December 3, 1984
@PPROVED AS TO FORM
CITY ATTOITNEY
EXHIBIT "A"
THIS MODIFICATION AGREEMENT dated this day of
1 1984, by and between POINT O' WOODS CIVIC
LEAGUE, INCORPORATED, a Virginia CorDoration, hereinafter
designated as "Lessor," party of the first part, and the
DEPARTMENT OF PARKS AND RECREATION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter designated as "Lessee," party of the second
part.
WITNESSETH:
THAT for and in consideration of the sum of ONE DOLLAR
($1.00) cash in hand received and for other good and sufficient
consideration, receipt of which is acknowledged, the parties
have agreed to amend and modify that certain lease agreement
between the party of the first part and the party of the second
part, dated July 1, 1970, as follows:
1. The party of the second part agrees that during the
term of the above-described lease or during any period of
extension thereof, it (the party of the second part) shall pay
all real estate taxes levied against the propertlv described in
the said lease.
2. The parties agree that the obligation to pay real
estate taxes as provided above shall continue for so long as the
said lease remains in effect and the property under lease continues
to be used for public park and playground purposes.
3. The parties agree that in the event of termination
of the said lease any real estate taxes due and owing on the
property shall be prorated between the parties through the date
on which the lease is terminated.
4. Except as may be modified herein the terms of the
,said lease shall remain in full force and effect.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
Thomas H. muehlenbeck, C ty anager
P01NT O' WOODS CIVIC LEAGUE, INC.
APPROVED AAJOCOtiTENT
SIGNATURE
4@-
DEPARTMENT
,APPROVED.p TO FORM
CITY ATTOP.'I!Y
EXHIBIT "B"
THIS MODIFICATION AGREEMENT dated this day of
1984, by and between the CIVIC LEAGUE OF
:PEMBROKE MEADOWS, INCORPORATED, hereinafter designated as
l@.. Lessor," party of the first part, and the DEPARTMENT OF PARKS
!AND RECREATION OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter designated as "Lessee," party of the second part.
WITNESSETH:
THAT for and in consideration of the sum of ONE DOLLAR
($1.00) cash in hand received and for other good and sufficient
'consid6ration, receipt of which is acknowledged, the parties
I!have agreed to amend and modify that certain lease agreement
l@between the party of the first part and the party of the second
@'part, dated August 28, 1974, as follows:
1. The party of the second part agrees that during the
term of the above-described lease or during any period of
lextension thereof, it (the party of the second part) shall pay
all real estate taxes levied against the property described in
the said lease.
2. The parties agree that the obligation to pay real
estate taxes as provided above shall continue for so long as the
said lease remains in effect and the property under lease continue's
to be used for public park and playground purposes.
3. The parties agree that in the event of termination
of the said lease any real estate taxes due and owing on the
property shall be prorated between the parties through the date
lion which the lease is terminated.
ii I
4. Except as may be modified herein, the terms of the
:said lease shall remain in full force and effect.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
Thomas H. Muehlenbeck, City Manager
CIVIC LEAGUE OF PEMBROKE MEADOWS, INC.I
President
APPROVED AS TO @ONTENT
DEPARTMENT
JOHN T. ATKINSON MUNICIPAL CENTER
TREASURER VIRGINIA BEACH. VIRGINIA 234S6-0157
427-6445
Point 0 Woods Civic League, Inc.
Due Base $2,502.04
Penalty 250.20
Interest 66.05 2.4%
Total $2,818.29 if paid prior to October 31, 1984
Seatack Co=nunity Property, @nc.
Due Base $2,883.16
Penalty 288.31
Interest 76.12 2.4%
Total $3,247.59 if paid prior to October 31, 1984
Pembroke Meadows Civic Leag Inc.
partial ent 9-25-84 Balance Due
Due Base $29.90 $29.41 $ .49
Penalty 40.00 0 40.00
Interest .49 .49 .96
Total $70.39 $29.90 $41.45 if pal
prior
Oct.
Dee Forbes
427-8258
- 21 -
Item II-J.7
CONSENT AGENDA ITEM # 22857
Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City Council
DEFERRED INDEFINITELY an Ordinance to authorize a temporary Encroachment into
a portion of the City property adjacent to Lake Bradford to HAROLD A. YOUNG, his
heirs, assigns and successors in title.
This application was DEFERRED INDEFINITELY as per Councilman Jennings request
for the applicant to install some type of filtering device on the storm drain
to remove impurities from the water before discharge into Lake Bradford.
Councilman Jennings suggested the following as an additional condition of
the Encroachment: "A filtering device shall be installed as a part of the
proposed drainage system to be required in order to prevent pollutants
including petroleum impurities and the like from entering Lake Bradford
with City Inspectors checking the device annually to insure compliance."
This application was also DEFERRED INDEFINITELY in order that the Staff may
investigate requiring "filtering devices" as a STANDARD POLICY. Councilwoman
Henley requested same.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 22 -
Item II-J.8
CONSENT AGENDA ITEM # 22858
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance appointing viewers in the petition of HUDGINS AND
ASSOCTATES for the closure of a portion of Huntsman Drive (formerly
Denver Avenue) (Lynnhaven Borough)
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to tbe City Manager
for Inter-governmental Affairs
C. Oral Lambert, Jr., Director of Public Works
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
None
Council Members Absent:
None December 3, 1984
- 22a
3B]R'LT@IM 3E3. MIX-3r-S
ATTORNEY AND COUNSELLOR AT LAW
..A@. ...L..AR.
VIRGINIA BEACH, VIRGINIA 23452
3.0-0500
CERTIFICATE OF VESTING OF TITLE
September 25, 1984
The Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council:
I, Bruce B. Mills, attorney for Hudgins and Associates, Inc.
do hereby certify that:
1. I am an attorney at law and represent Hudgins and
Associates, Inc., current owner of the Property;
2. If the Property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in the adjacent property
owners. No third party owns an interest in and to the fee in the
said street.
The said property referred to herein is hereby described as
follows:
ALL THAT certain part or portion of Huntsman Drive,
(formerly Denver Avenue), being and located in the City
of Virginia Beach, virginia, and being more particu-
larly described as follows: Beginning at a point which
point is the southeastern corner of Lot 16, Block 5, as
shown on that certain plat entitled 'Street Closure
Plat Portion of Huntsman Drive (Formerly Denver Ave.)',
which plat is dated 28 February, 1984; from said point
of beginning, thence N 061 351 39' E 155.111 to a
point; thence S 40@ 24' 31" E 15.60' to a point; thence
N 621 23' 18" E 46.67' to a point; thence S 06* 351 39"
W 170.70' to a point; thence N 831 241 21" W 50.001 to
the point of place of beginning.
Yours very truly,
Bruce B. Mills
December 3, 1984
- 22b -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Hudgins and Associates, Inc., a Virginia
corporation, has given due and proper notice, in accordance with
the statutes for such cases made and provided that it will on
December 3, 1984, 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, and, and if any, what
inconvenience would result from the discontinuance of the here-
inafter described portion of that certain street, and has filed
such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal and C. Oral Lambert, Jr.
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 that portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL THAT certain part or portion of Huntsman Drive,
(formerly Denver Avenue), being and located in the City
of Virginia Beach, Virginia, and being more particu-
larly described as follows: Beginning at a point which
point is the southeastern corner of Lot 16, Block 5, as
shown on that certain plat entitled "Street Closure
Plat Portion of fluntsman Drive (Formerly Denver Ave.)",
which plat is dated 28 February, 1984; from said point
of beginning, thence N 06' 351 39" E 155.111 to a
point; thence S 40' 241 31" E 15.601 to a point; thence
N 621 23' 18" E 46.67' to a point; thence S 06@ 35' 39"
W 170.70' to a point; thence N 831 241 21" W 50.00' to
the point of place of beginning.
All the above as shown upon that certain plat entitled
"Street Closure Plat Portion of Huntsman Drive (Formerly Denver
Ave.)", which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the afore-
described street. December 3, 1984
- 22c -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS HUNTSMAN DRIVE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT PORTION OF HUNTSMAN
DRIVE (FORMERLY DENVER AVE.)", VIRGINIA BEACH, VIRGINIA, WHICH
PLAT IS ATTACIIED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Hudgins and Associates, Inc. , a Virginia
corporation, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street, which is more specifically described as follows:
ALL THAT certain part or portion of Huntsman Drive,
(formerly Denver Avenue), being and located in the City
of Virginia Beach, Virginia, and being more particu-
larly described as follows: Beginning at a point which
point is the southeastern corner of Lot 16, Block 5, as
shown on that certain plat entitled "Street Closure
Plat Portion of Huntsman Drive (Formerly Denver Ave.)",
which plat is dated 28 February, 1984; from said point
of beginning, thence N 061 351 39" E 155.111 to a
point; thence S 401 241 31" E 15.60' to a point; thence
N 621 231 18" E 46.67' to a point; thence S 06* 351 39"
w 170.70' to a point; thence N 83@ 24' 21" W 50.001 to
the point of place of beginning.
Said parcel of land being a portion of Huntsman Drive, as
indicated on that certain plat entitled "Street Closure Plat
Portion of Huntsman Drive (Formerly Denver Ave.)", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing a portion of the aforesaid
street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of a portion
of said street; and the Petitioner prays that this Honorable
Council appoint Viewers as provided by law to view a portion of
said platted street proposed to be closed and to report in
writing to the Council on or before the 8th day of January, 1985,
December 3, 1984
- 22d
as to whether in the opinion of said Viewers, what inconvenience,
if any, would result from the discontinuance and closing of a
portion of the said street, as herein reported and described.
3. That on November 20, 1984, and on November 27, 1984,
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 owner of all land along and adjacent
to and affected by the portion of the said platted street is your
Petitioner herein, Hudgins and Associates, Inc., 3701 Pacific
Avenue, Virginia Beach, Virginia.
Respectfully submitted,
HUDGINS AND ASSOCIATES, INC.,
a Virginia corporation
By
Littlej:on C. HU@ ins, President
December 3, 1984
2 -
- 23 -
Item 11-J.9
CONSENT AGENDA ITEM # 22859
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance appointing viewers in the petition of ERNEST L. AND
PHYLLIS A. HUDSON for the closure of portions of Southern Boulevard, Maynard
Avenue, and Lavender Lane (Kempsville Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
for Inter-governmental Affairs
C. Oral Lambert, Jr., Director of Public Works
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 C. Jones, Vice Mayor Reba S. McClanan, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
LEGT-TM & FINF,, P.A.
...... .. A@@y- AT @W
... ONE 00@RCE PARK
-@UM RO.. AT @@- S@T
@T O@m @x .1@
VIIRG@ BEACH, VICRG@ 23462
CERTIFICATE OF VESTING OF TITLE
GARDINER M. HAIGHT, attorney for Ernest L. and PhylliS A.
Hudson, do hereby certify that:
1. I am an attorney at law and represent Ernest L. and
Phyllis A. Hudson, the petitioners.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Ernest L. and
Phyllis A. Hudson and the Norfolk Southern Railway Company the
adjacent landowners.
The said property referred to herein is hereby described as
follows:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84' 541
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 050 51' 48' W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84' 541 30- W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05' 051 301 W, 30
feet to the point of beginning.
,qNE. FINE. LEGUM & FINE
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73* 10' 53" E, 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 05'
051 30" E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 73* 10' 53" W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
05' 51' 48' E, 30.56 feet to the point of beginning.
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 30' E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05- 051 301 w, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 101 53' W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05* 05' 30" E, 446.27 feet to the point
of beginning.
GA ER M. HAIGIKT,;
Fine, Fine, L nd Fine
One Commerce Park
Witchduck Road at Cleveland Street
Post Office Box 61546
Virginia Beach, Virginia 23462
(804) 490-4545
ORDINANCE APPOINTING VIEWERS
WHEREAS, ErneSt L. and Phyllis A. Hudson have given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 3rd day of December I
19 84 , apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below- I
described property and report in writing to the Council whether,
in the opinion of said Viewers, any, if any, what inconvenience
would result from the discontinuance of the hereinafter described
portions of those certain streets 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 Robert J. Scott
David M. Grochmal
and C. Oral Lamber 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 portions of those certain streets of variable width located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84' 541
30-1 E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 05' 511 4811 W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84' 541 3011 W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05* 05' 30" W, 30
feet to the point of beginning.
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73' 10' 53" E, 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 05'
05- 3011 E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 730 101 531 W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
05' 51' 48' E, 30.56 feet to the point of beginning.
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 30' E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05' 051 301 W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 101 53" W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05' 051 301 E, 446.27 feet to tbe point
of beginning.
All the above as shown upon that certain plat entitled "Plat
Pursuant to Street Closing, Euclid Place, Kempsville 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.
ADOPTED December 3, 1984
1!IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF
CERTAIN STREETS, KNOWN AS SOUTHERN BOULEVARD, MAYNARD AVENUE AND
LAVENDER LANE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED 'PLAT
PURSUANT TO STREET CLOSING, EUCLID PLACE, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioners, Ernest L. and Phyllis A. Hudson,
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 those
certain streets, which are more specifically described as follows:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84' 54-
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 05' 511 4811 W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84' 541 3011 W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05' 051 3011 W, 30
feet to the point of beginning.
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73' 101 53" E, 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 05'
051 3011 E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 73' 101 5311 W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
05' 51' 4811 E, 30.56 feet to the point of beginning.
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 30" E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05* 05' 3011 W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 101 53" W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05' 051 30" E, 446.27 feet to the point
of beginning.
Said parcels of land being portions of Southern Boulevard,
Maynard Avenue and Lavender Lane, as indicated on that certain
plat entitled "Plat Pursuant to Street Closing, Euclid Place,
Kempsville 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.
2. That no inconvenience will result to any persons by
reasons of said closing, vacation, and discontinuance of said
,'streets; and the Petitioners pray that this Honorable Council
appoint Viewers as provided by law to view said platted streets
proposed to be closed and to report in writing to the Council on
or before the _ day of 19 as to whether
l'in the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of these portions of
said streets, as herein reported and described.
3. That on the -2nd day of October _, 19 84 , and
on the 9th day of October -, 19 84 , notice of the
presenting of this application was published in the Beacon, a
inewspaper 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 streets are your
Petitioners herein and Norfolk Southern Railway Company.
Respectfully submitted
ERNEST L. AND PHYLLIS A. HUDSON
By
Of sel
GARDINER M. HAIGHT
Fine, Fine, Legum and Fine
One Commerce Park
Witchduck Road at Cleveland Street
Post Office Box 61546
Virginia Beach, Virginia 23462
(804) 490-4545
September 24, 1984
- 24 -
Item II-J.10
CONSENT AGENDA ITEM # 22860
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the Financing Proposal of ALEXANDER BROWN AND SONS, INC., for the
lease/purchase of various equipment totalling $200,862; AND, authorized
the. City Manager to enter into the necessary agreements for the lease/purchase
of this equipment.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 25 -
Item II-J.11
CONSENT AGENDA ITEM # 22861
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing the City Manager to execute an agreement
concerning the URBAN PRESERVATION AND INFTLL COMMITMENTS.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 25a -
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
CONCERNING THE URBAN PRESERVATION
AND INFILL COMMITMENTS
WHEREAS, the City of Virginia Beach has applied to the Virginia Housing
Developnient Authority for mortgage financing for purchasers of single-family
dwelling units which are eligible under the Urban Preservation and Infill
Prograni; and
WHEREAS, subject to the tertns and conditions of the one agreement
attached hereto, the Virginia Housing Development Authority will reserve for
the City of Virginia Beach Three Million and Five Hundred Thousand Dollars
($3,500,000.00) to be used to provide mortgage loan financing under the Authority's
Residential Mortgage Program for persons and families of low and moderate income
who purchase single-family dwelling units eligible under the Urban Preservation and
Infill Program.
WHEREAS, the City of Virginia Beach wishes to accept such reservation
of funds.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
That the City Manager is hereby authorized to enter into an agreement
with the Virginia Housing Developffent Authority for the reservation of Three
Million and Five Hundred Thousand Dollars ($3,500,000) for mortgage financing
for purchasers of single-family dwelling units who are eligible under the Urban
Preservation and Infill Program. Said agreement is attached hereto and incor-
porated by reference.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 3 day of Dg"gr, 1984.
APPROVED AS TO CONTENT:
Director, Department of Housi g and
Community Developr,,ie@,t
A,PPROVED AS TO FOPM December 3, 1984
DEPARTM NT F AW
VIRGII@IA IIOUSI,@G DEV'L'LOP@IENT AUT'IOPLTY
UIZBAN PRESERVATIONL A14D I';FILL
PROGRAi,l CO.-I.,IIT",-!ENT AGREF-1@@'@T
'fAEGETI@',D ARI-'AS
T]IIS AC;iZEE,IEI;T, i;iade as of the 8th day of :4ovember, 1()84 y and n
th-- VIi'GI141A iiOUSli@C DEVELOT'i'll@"iT AUTli0i'ITY, l Political subdivision of the
Coi-,ir,ion%@ealth of Virginia (hereinaftcr referred to as th, "Autt,oritv") and
the CITY OF VIRGINIA BEACH (hereinaf'ter referred
to as the Locality");
I-IITi;ESSETil:
@':IEI?EAS, the Locality has applied to the Authority for riort-@a@.e finaiicin@,
for Durcliasers of single fariily dwellin@ units %Jhich are eli@.ible under tlie
Urban Preservation and Infill Program (hereinafter the "UP & I Pro,,ran") in
Richmond, Vir,inia;
t,iiEREAS, the Autliority expects to deliver its S201,999,195.80 Residential
i,lort-a-e Bonds, 1984 Series (the "Series B Bonds") on or about lioveriber 3,
1984, a portion of tlie proceeds of which are expected to finance mort@,a@,e
loans in "Tar-.eted Areas" (as liereinafter defined).
!"O',,', TIIEREFODE, in consideration of tlie premises aforesaid, the co.-,L,.Iitments
herein contained and other good and valuable consideration, the parties agree
as follows:
1. leservation of Funds. Subject to tlie terp,-@s an6 conditions fierein, the
Autlioritv herebv a@rees to reserve for the Locality @ 3,500,000
(the "Reserved Funds") to be used to provide nortgage loan financing
under the Autliority's Residential :%iortgage Pro,.,ram for persons and families
of low and moderate incoTe who purchase single family dwelling units
%;hich are located within Tar-eted Areas (as defined in para@raph 2 below).
The Locality liereby accepts sucli reservation. -Iortgage loans to be financed
witli the Reserved Funds shall be ori@.inated, processed and disbursed
by the Autliority's Processin@./Disbursin@./Servicing Agents ("PDS Agents")
in accordance with this A-,reement, Rules and Regulations of tlle Authority
tlie PDS Agreenents between the Authority and the PDS A-.ents, the Aut,'Iority's
Processing and Disbursin,, liandbook aiid t;ie Autliority's Adlainistrative
1'rocedures for tlie Processin,./i)isbursing/-@ervicing Agent Pro,.,ra,-,i.
Us@- of Funds. All mortpa-c loons nadc@ pursuant to this A@reenLnt @ust
be for tiie purciiase of properties %@ihicti are located withiii (@ualified
Census Tracts an(l/or ADr)roved. Are-gs of Clironic Fconomic Distress, ("I'argeted
Areas") as defined in S@ction- 03A of the Internal Pevenue Codc,, as @.mLnded,
and the regulations issued tiiereunder (liereiri "Section 10@A"). If no
such areas are approved within 90 days of ttie date of this Agroement,
tliL Autilority ,.iay recapture tiiese funds and reallocate sucli funds to
other approved areas.
3. Reservation floriods. Subject to tlie I)rovitions licroof, the Peserved
'--ds -:,11 be reserved for t'ie LocaliLN, uiitil tho lattlr of '@ovenber
8, 1985 or one year froi:i the date the Aut!iority deternlifies that "funds
are first made availai)le %@ith resi)ect to TIri@eted Area residences" for
purposes of Section 103A. To the exteiit ttiat sucti funds are not cor,,,niitted,
settled and disbursed by said date, sucli funds shall (at the option ol-
and to tlie extent deemed appropriate by tho Authority) no longer be deemed
reserved for tlie LocaliLV and may be used by the AuthoriLy for aliy lawful
purpose.
4. Rate of Interest. The mort@age loans inade pursuant to this A@reement
froni the Reserved Funds will be at an interest rate of 10.847,@ or sucli
loi4er rate as the Auttiority may establish from time to time.
5. Loans to One-ilersoii liouseliolds. Tlie Authority shall not impose any limit
on the number of mortga,.,e loans made to one-person houseliolds pursuant
to this Agreement.
6. Reduction of Amount of Peserved f-unds. -Ihe Authority may, at anv ti,-ie
and fror.,i time to tine, reduce the ariount of the Reserved Funds for tlie
Locality if:
(a) The Authority has determined that it is unlilely that morta-e loans
iiill be committed, settled and disbursed ivitliin tile time period
set forth in paragraph 3 hereof in tiie amount of the Reserved Funds,
in wiiich case the Authority may reduce tlle amount of Reserved Furids
to such amount as ttie Authoritv deter,,,iines ivill be fully coruiittld,
settled and disbursed %@ithin such period; or
(b) Tlie Authority is unable to sell and deliver a sufficient a,grc@ate
principal amount of the Series L Bonds to enable it to Drovide the
total amount of ?eserved Funds comiritted to all Localities for Taraeted
Areas under the UP & I Pro@ran, in whicii case the Authority na),
proportioriately reduce the amourit of the 1'eserved Funds.
The Locality understands and agrees that the Autliority lias made the deter-
mination that the Peserved Funds must be ori-inated, settled and disbursed
within the time periods set forth in paragrapli 3 hereof in order to assure
the success of the Authority's UP & I Prograin and therefore a-.rces that
any determination made by the Authority pursuant to this para-raph 6
above sliall be final and bindin-. on the Locality.
7. Termination of Reservation ol@ Funds. The Authority nay, at any timc,
terniinate the reservation of Reserved Funds for the l,ocality upon 30
days' written jiotice to the Localitl,, that the Authority has determined
(a) that the Locality is not comply'np @vith tl
I _, ie teri-,is of this Corlriitnent
A@.reer.ient and/or the terms of tlie UP & I Pro,,ra,,n or otiler agreements
@etween the Locality and ttle Autliority, or (b) tliat termination is necessary
to CO!-.iply %;itli tlle tax covenant in the General Bond 1'esolution for tlie
Series 13 ronds or (c) that termination is necessary to comply with Section
lCj3A.
8. Advertise. The Locality shall assist the
Autnority and the Pi)@; Agents in usiiig reasoilable dili,,ence to place thc
Reserved Funds in qualified mortgages within the mean ?
in-, of Section 103A.
As part of said duty to assist the Atithority and the PDS A-ents, the
Locality shall be required to advertise the availability o'f these -unds
in ttie maniier prescribed by tlie Authority, and shall provide evidence
to the Authority of its coipliance with this requirement.
9. Conditions Precedent. All ri@lits, covenants and duties of the parties
liereto are contingent upon the Authority's delivery of the Series B Bonds
within 90 days of this A,,,reement at such interest rate and upon such
other terms and conditions as are acceptable to the Authority. In tile
event that the Authority fails or is unable to so deliver sucli Series
B Bonds, this Agreement sliall be null and void as of the date hereof.
10. Choice of Law; "@liscellaneous. Tliis A-reenient shall be construed in accord-
ance with the laws of the Conmonwealth of Virginia. All provisions
contained herein are severable and should any provision be held invalid
by a court of competent jurisdiction, the remaining provisions shall
remain in full force and effect. In addition, all documents, resolutions
and agreements referred to in this Agreement shall be deemed incorporated
herein by reference.
I'll I-JITiiESS l,HEREOI', the parties here @o haveexecuted tllis itment
Agreement by their duly authorized rep s of the nd year
first above written.
vi@1% OIITY
By:
PitenouF, :)irector
Sin,.Ie Family Dcvelopmcnt
THE CITY OF VIRGINIA BEACH
Locality
By:
Its:
Date:
AP@,I'.OV-@-D AS TO FORM
L A@W
- 26 -
Item II-J.12
CONSENT AGENDA ITEM # 22862
Maryann I. Ustick, Director of the Department of Housing and Community
Development responded to Council inquiry. The expense involved in
the agreernent with Planning Management Associates, Ltd. is being
handled by HUD. Community Development and Housing developed an RFP
(Request for Proposal) and sent same to Planning firms throughout the
State, Washington, D.C., and North Carolina. Only three (3) responded.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement
with PLANNING MANAGEMENT ASSOCIATES, LTD., to develop a land use study for twelve
Community Development TARGET NETGHBORHOODS.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
- 26a
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH PLANNING
MANAGEMENT ASSOCIATES, LTD. TO DEVELOP
A LAND USE STUDY FOR TWELVE COMMUNITY
DEVELOPMENT TARGET NEIGHBORHOODS
WHEREAS, the City has received funds from the United
States Department of Housing and Urban Development under the
Housing and Community Development Act of 1980 (Pub. L. 96-99); and
WHEREAS, the City has allocated a portion of these funds
to be utilized for the development of a comprehensive land use
study; and
WHEREAS, Planning Management Associates, LTD. intends to
develop a comprehensive planning approach for the City's twelve low
and moderate income target neighborhoods; and
WHEREAS, Planning Management Associates, LTD. represents
that it is qualified and willing to perform the services, in
connection with providing a plan that will lend guidance to local
decision makers upon which land use policies and actions aimed at
assuring the preservation of the residential character of these
neighborhoods may be based, in accordance with the terms and
conditions of an agreement provision for the sum of $33,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to enter into an agreement with Planning Management Associates,
LTD. for the purposes referenced above and for the terms and
conditions more fully specified in an agreement attached hereto and
incorporated by reference.
Adopted by the Council of the City of Virginia Beach on
this day of December 1984.
.4T
-O!I'rE'
DSH/ih APPP-O%Ito t-5 T"' r
11/28/8 4 @-ecember-@,@l 4
(G)
AGREEMENT FOR PLANNING AND MANAGEIIENT SERVICES
This agreement dated 1984 is between Planning
ManageTrient Associates, Ltd. of Newport News, Virginia, hereinafter known as the
"Consultant" and the Department of Housing and Community Development of the City of
Virginia Beach, Virginia, hereinafter known as the "City .1.
The City recognizes that the Consultant has certain skills and e>@pertise in cotnmuniy
planning and public management which it wishes to etriploy in the preparation of certain
documents, drawings, and maps and related items as summarily described below and that
the City desires to purchase the services of the Consultant for the preparation of said
docuTrients, drawings and maps and related items based on the following mutually
acceptable terms:
1. The preparation of twelve land use policy statements
for the following neighborhoods:
I .Atlantic Park 7. Mill Dam
2. Beechwood B. Newlight
3. Burton Station 9. NewsoTrie Farm
4. Geo. Washington Parl:: 1 0. Queen City
5. Gracetown 1 ',. Reedtown
6. Lake Smith 12. Seatack
2. The preparation and conducting of a comtnunity training
session for neighborhood leaders.
1. SCOPE OF WORK: The scope of worl@.. shall be defined as those tasls one through
sixteen described and incorporated as part of this agreement by reference in attachment
..A.', titled "Detailed Scope of Wor@@".
2. CONTRACT DURATION: All worl, set forth in the scope of worl., shall be completed by
the consultant before June 15, 1985, e>:cept that the consultant shall not be held liable for
delays resulting from the provision of information by the City or by the review of
information by the City provided by the Consultant.
3. COMPENSATION: The Consultant shall submit a statetnent for services rendered to the
City based on the completion of acceptable draft documents delivered to the Virginia Beach
Department of Housing and ConTnunity DevelopTrient. Upc,n the delivery of said docuyrents,
said paytrent shall be due upon presentation if the City does not notify the Consultant
@lithin five business days that said docutrents are nc,t acceptable. The Consultant reserves
the right to --harge a late payment fee equaling one and one-half Percent of all sutns
contained in statements which have not been Paid by the City within fourty-five days of
issue by the Consultant, Said statements shall be issued based on the following Payment
schedule and atrounts:
ATTACHMENT "A"
DETAILED SCOPE OF WORK
TASK 1 REVIEW & DETERMINE DATA NEEDS
Based on the revised scope of work we will meet with the city and review the data which
e>tists for this Project. We will then determine what data is in need of updating, what data
will need to be collected and what data can be used in its present state. We will then
deterTr,ine how any updated or new data is to be collected and within what time frame.
Data will be developed in three main areas for this project:
1. Physical data
2. Governmental data
3. Social data
TASI:,' 2 UPDATE/REFINE/VALIDATE DATA
The three data types will be updated through various means. Physical data will be updated
by a windshield survey of all 12 planning areas. Governmental data will be refined through
interviews with local officials and through reading published reports. Social data will be
collected from appropriate agencies. . ,
Physical data means data on the physical characteristics of the neighborhood. Most of this
data has been collected by the city in the recent past. It includes data on the number of
parcels within each planning area or neighborhood, their land use, the number and type of
occupants, the condition of the physical iinprovements on the parcel, the location of Public
facilities and utilities on each tract (if any), the size and type of transportation services
available to the residents and environmental data such as drainage ways, vegetation and
existing levels for ambient and localized noise, air, surface and groundwater Pollution.
GovernTT,ental data Tneans data which is kept in the reports and Tninds of city officials. It
consists 01 the goals and policies which the city uses in regard to developement occurring
in the city, Specifically it includes infortnation on at least the following:
o Zoning districts
o Traffic counts
o Capital Improvements PrograYn
2
o Public Utilities Plans & Locations
o Federal restrictions on land use
o Historical landmarks
o Development policies
Parks & open space
Streets, curb & gutter
Offsite utilities
Drainage
o Overall goals & policies towards development
Governmental data may also mean any state, regional or federal data which would help in the
completion of this study. We know of particular regional data available from the
Southeastern Planning District Commission which will be of great assistance in this
project. All sources for governynental data will be used to assist in the development,
updating and verification of physical data.
TASK 3 DETERMINE TRIAL NEIGHBORHOOD BOUNDARIES
The city will furnish maps of the 12 neighborhood areas at no cost. We will Tneet with the
city after the verification of data and jointly determine trial neighborhood study/planning
areas. These areas will be in excess of the e>@pected boundaries of the actual
neighborhoods. From these study areas, actual trial neighborhood boundaries will be drawn
for study Purposes only. Final area and neighborhood boundaries will be established
laterin the study
TASK 4 PREPARE BASE MAPS
Base maps for the 12 study areas will be updated based on the physical and governmental
informat@on collected earlier. They will then be prirted at a scsle suitable and 3greeat)le to
the city. They will be used to present data and information as the project progresses through
the remaining task elements.
TAS@@ 5 FORMAT AND COMPUTERIZE DATA
A decision will be made as to what data will be actually formatted for analysis by our
in-house computer system. Data selected will be fortnatted and typed into the computer for
processing, analysis and use in a later task alement.
TASK 6 DATA ANALYSIS
An overall area assessment will be made of each 12 neighborhoods. This will involve an
interpretation of all data and numerous field investigations into each neighborhood and
Planning area. This analysis will uncover major problem areas. It will cover the following
areas:
3
o Atlantic Park
o Beechwood
o Burton Station
o Geo. Washington Park
o Gracetown
o Lace Smith
o Mill Dam
o Newlight
o NewsoTne Farm
o Queen City
o Reedtown
o Seatack
TAS@' 7 COMPUTER ANALYSIS OF DATA
Data formatted previously will be run on our own "LAND USE TABULATION SYSTEM". This
coTnputer software was developed by Planning Management Associates expressly for the
analysis of neighborhood areas. This system is capable of analyzing large land areas and
printing out cross-tabulations by individual parcel at great speed, The inportance of this
system is that it allows us to "model" or play with neighborhood characteristics to
determine what effect each part has on the whole.
The computer will output data in four major categories: 1. physical features, 2.
governmental features, 3. social features and 4. environynental features. Each group will
be run for each neighborhood. This will result in at least 48 separate computer runs, a
staggering amount of analyzed data.
TAS@, 8 COMPUTER CORRELATION OF ISSUES
A second computer program for statistical analysis will perform rank order correlations
on the results of the previous tas4,. The results will help define the problems and needs of
each neighborhood. The results will also help us in our assessment of the definition of
each neighborhood. This analysis technique will allow a COMPLETE analysis of data. It
will also provide a statistically valid basis for any neighborhood recommendations, an
important consideration when City Council uses these recommendations as the basis for
future land use decisions.
Issues for each neighborhood will be correlated in each of seven way5. One aditional and
overall correlation will be made for each of the 12 neighborhoods. The categories of
correlation will be as follows:
o loning
o Public Facilities
o Public Utilities
o Transportation
o Environmental
o Housing
4
o Social
TASK 9 TRIAL NEIGHBORHOOD POLICY STATEMENTS & MAPS
The 12 neighborhoods will each have a trial policy statement written. These policy
statements will include a map showing the overall study area boundary and the
neighborhood boundary by actual parcel. These documents will also contain a synopsis of
all of the computer analysis to support the conclusions reached.
TASK 10 TRIAL RECOMMENDATIONS
Each of the 12 neighborhoods will contain a summary of trial policy recommendations
suitable for extraction and capable of standing alone. These trial recommendations will
cover seven general areas which are listed as follows:
o Land use & zoning
o Public facilities
o Public utilities
o Transportation
o Environmental
o Housing
o Social
TASK11 CITYREVIEWOF12TRIALRECOMMENDATIONS
All 12 of the trial recommendations, the policy statetnents and the maps will be sent to the
city for review. We will meet with the city and e-plain each of these documents. The
review is not expected to be a major underta@@ing for we hope to remain in constant
contact with the city during the entire duration of this study.
We would e,@pect this review to be a marathon meeting of several days @.,lth all parties
present. The purpose of the review would be to jointly iron out any differences of opinion
between the city staff and the consultants.
TASK 12 REVISIONS TO 12 TRIAL RECOMMENDATIONS
Based on the general meeting held in the previous task, we would inake revisions to the 12
separate documents and their Tnaps.
TASK 13 COMMUNITY TRAINING SESSION
We will hold a general community training sesrion with representatives from all twelve
neighborhoods present. The Purpose of this training session will be to acquaint these
representatives with the process of how they, themselves, will formulate or update their
own neighborhood plans.
5
We will begin by e>@Plaining the work completed to date. Then we will give instructions on
conflict resolution and how to update or formulate their plans themselves. This general
session will NOT actually start work on each neighborhood Plan. Rather, it will be a
general introduction to the subject.
We have used this technique successfully in the past, most notably with the City of
Danville. In Danville's case the entire city was involved in a wee@fend workshop on
community goals. Here, in this case, we e>:pect the session to last less than one day.
Preferably, this training session should be held on a Saturday.
TASK 14 MODIFIED DECISION ANALYSIS
Separate meetings will be held with each group of neighborhood represenatives at a
location in the neighborhood, if possible. We will then e,@plain the previously delivered and
(hopefully) studied trial policy statements and recommendations. The modified decision
analysis techniques will then be used to work through those eletrents of the trial Plans
which the representatives do not agree on among themselves.
These ineetings will allow each neighborhood representative to have his or her own input
into the process for producincj their own neighborhood plan. We will be Present at all titnes
to provide professional instructions and to guide the process at every step of the way. We
will provide technical information to the representatives to show either why something
should be done or why something cannot be done.
TASK 15 FINAL LAND USE POLICY REVSIot4S
A second series of meetings will be held in each neighborhood to consider any final
revisions to the plans. These meetings will not go into the detail of the previous meeti,-igs.
They will offer one final opportunity to make minor changes to the individual plans.
At the conclusion of each Yneeting, that neighborhood's representatives are e>@pected to go
on record as favoring the particular plan which they, themselves, have developed.
TASK 16/ SUBMISSION OF FINAL DOCUMENTS
We will complete a final land use policy statement for each neighborhood, twelve in all,
and publish each in a final form. These twelve land use policy statements will be given to
the City for their use. We will also be available to e>cplain these documents and their
conclusions before a meeting of City Council and the City's Planning Commission.
I . Upon the e@,,ecution of this agreement $4,500.00
2. UPon the preparation of the base maps
with the neighborhood boundaries 2,200.00
3. Upon the cotnputerization of data for
all neighborhoods 31000.00
4. Upon the draft report on correlation
ofisssues 51000.00
5. Upon the delivery of the draft reports
on policy statements 7,200.00
6. Upon the completic,n of the comtrunity
training session 31700.00
7. Upon the Presentation of draft PLIicy
stateyr,ents prepared with neighborhocd
Participation 4,400.00
B. Upon the delivery of all final docutnents 3,000.00
TOTAL FEES PAID $33,000.00
-1@,is sum shall constitute full and total compensalion for 'he services identified herein and
re,-idered to the City.
4. MEETINGS: The Consultant will attend up to a total of thirtY-si,,t meetings as Selected
by the City for the Purpose of Prerenting material and/or receiving cotrments. This will
include one Treeting with the City Planning CoYTmission to e>@plain the worl., Programi up to
three Yreetings with each of the twelve neighborhood groups, onE Comrrunity training session
and one rreeting of the City's choice to e'.@plain the final report(s). InforTnal rreetings
ar,,i rc.,mT.)unity
AMENDMENT OF AGREEME@4T: This agreement can be arrended only by the mutual
k,,ritten agreerrent of both parties with no penalty to either party. Any additions or
deletions to this agreerrent shall be based on the estitriated hours for completion of the
tasl@(s) to be added or deleted as jointly detertnined in writing by the two parties and by the
cLirrent tourly wage rates, includ4ng overhead, fringe benifits and e@@penses for personnel
i,,ivolved as certified by the Consultant in writing. Notice to amend this agreement shall be
given not less than two weel,s prior to the actual date of change. In such an event as the
ayriending of this agreement, the Ccnsultant shall be paid for the titre required to close out
the project and turn over all Papers, notes and rr@aps to the City.
E. CONTRACT TERMINATION: The City and the Corsultart hereby agree that the City
retains the right to tertrinate this contract for calse, as dEterTrined ttrough standa-d
contract adtrinistration principles and as provided by law, Furthermore, if the Consultant
fails to cotrply wi'h the term and clauses referenced in the agreeirent, the City reserves
the right to terminate this agreement after a reasonable atterrpt to secure corrpliance. If
this contract is terminated, the City shall itnmediately notify the Consultant in writing.
Such notice will include the effective date, the time and the reason(s) for the action, and
the identity of a contract person witt, whotri to close out any pending rfatters. The City
shall compensate the Consultant only for the services Yendered up to the date and time of
the tertrination and accepted by the City as satisfactory. Such compensation shall be paid
when all pending matters frorn the contract are closed out.
7. CLAIMS FOR DELAY: Either Party shall be liable for causing a delay in the project
schedule if one party notifies the other of a delay by certified mail. A delay shall consist
of a failure to produce an iteni, a failure to review a docurrient or a failure to hold a
meeting, requested in writing, within a mutually agreed upon time period established at the
time of the request, upon notification by one party to the other that a delay has occurred
and when said delay is in excess of thirty calendar days. In the event of a delay, the
delayed party shall have the option to file a claim for a penalty equal to that cost caused
by the delay and based on the total number of lost manhours resulting from said delay at
current hourly wage rates, including overhead and fringe benifits, and said claim shall be
added to or subtracted from the total cost of the project, depending on which party was
delayed. Any adjustment made to thir. agreement as a result of a delay which is
substantiated by either Party shall be cause and both parties do mutually agree to
iynmediately pay any overage or pay back any underage upon presentation of a state,.Tient
verifying said delay to the other party.
8. OWNERSHIP OF MATERIALS: All dc@cuTr,ents, inforrration, research material or other
materal used in completing this project shall become the property of the City upon the
payment of all fees for this project. In the event of the terrfination of this project prior to
its scheduled completion date, all said Traterials shall t-e turned over to the City upon
payment of all fees due at the point of tertcination. Consultant will purchase or cause to be
purchased a micro-cottputer for the City's ownership and use at a total cost not tc- e@,,,ceed
three thousand dollars, The Consultant shall pay to the City an aTAount equal to said
Triico-computer's cost immediately following Consultant's receipt of scheduled PayTrent
number one. The Consultant shall have the use of said rcicro-corrputer for the duration C)f
this project. At the end of this project, Consultant w-ill return said feicrO-COMPU'E.- to thE
City and Consultant will not claim nor mal,e any claims of o-,.jner@-@@ip agalnst said cortputer.
9. DOCUMENTS PRODUCED: The Consultant shall deliver to the City upon the completion of
a draft document five copies and, upon the cor(ipletion of the total project, five copies c,f
the editied and revised final document for each of the twelve neighborhoods mentioned
above. The Consultant will provide additional copies of ary docutnent based on actual
charges for printing plus a twenty percent handling charge which will be billed as an
automatic amendtrent to this agreement.
10. PROVISION OF INFORMATION: The City shall furnish to the "onsultant copies of B'l
information requested at no charge to the Consultant, including but not limited to maps,
data, reports ard any other information pertaining tc, this project. The Consultant shall
furnish the City with one copy of all final data used to produce the twelve neighborhood
policy 5tatements at the end of the project, including a computer, the data used a-.id the
proprietary software developed by the Consultant. The Consultant shall provide this
information at a total cost not to e@@ceed three thousand dollars.
1 1. TRAVEL AND MISCELLANEOUS EXPENSES: The City shall pay for all travel and
miscellaneous expenses, including mileage, which it authorizes the Consultant to Tral<e in
the perfortrance of worl@ on this project outside of the Norfollf., Virginia Beach, Newport
News, Portsmouth CMSA at actual cc)sts plus a twenty percent handling charge. The
Consultant shall not charge for travel and Tniscellaneous expenses which he incurr@- within
the CMSA.
12. ADDENDUM NUMBER ONE: Addendum Number One which follows is hereby incorporated
as a part of this agreement by reference and the Consultant hereby acknowledges and
agrees to comply with the provisions contained therein.
13. COUNTERPARTS: This agreeyrient shall be executed in three counterparts, each of
which shall be an original agreetrent with one given to the Consultant and two to the City.
The terms of this agreement being mutually acceptable to both parties, are hereby
ac[::nowledged on the date first mentioned above by the Consultant and the Cily, and their
respective authorized officers and parties.
(SEAL)
WITNESS
(TITLE)
CITY OF VIRGINIA B@-Ar-,H, VIF,'C-'t4lA
(SEAL)
WITNESS
(TITLE)
PLANr4It4G MANAGEMENT ASSC.)CIAT@-S, LTD,
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
rAent of@sing and Eommunity City Attorr*y
DevelopTr,ent
AuutNuum MV. I
FEDERAL.GRANT PROVI$IONS
EXAMINATION OF RECORDS BY CONTROLLER GENERAL CFR - 16-901-32 (10): The
Consultant agrees that the Controller General of the United States or
any of his duly authorized representatives shall, until the expiration
of three (3) years after final payment, have access to any books, docu-
nents, pai>ers, and records of the Consultant which are directly perti-
nent to the Agree-nt for the purpose of making audit, examination, ex-
cerptS, and transcriptions.
SECTION 109 CLAUSE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 TITLE
1: The Consultant is to practice non-discrimination in any Agreement
&ctivity funded in whole or part under this Title, includirig the Corrimunity
Development Block Grant program.
SECTION 3 OF THE HOUSING AND DEVELOPMENT ACT OF 1968: The Consultant is
to provide to the greatest extent feasibie, training and employment oppor-
e residents within the project locale and business
tunities for lower incom area or owned in sub-
opportunities for businesses located in the project
stantial part by project area residents.
TITLE VI IN THE CIVIL RIGHTS ACT OF 1964, AS AMENDED: The Consultant is
to practice non-discrimination in any agreement activity funded in whole
or part by any Federal agency.
SECTION 5D4 OF THE REHABILITATION ACT OF 1973, AS AMENDED AND PRESIDENTIAL
EXECUTIVE ORDER il9l4 of 1974, AS AMENDED: The Consultant is to practice
non-discrimination on the basis of handicap in employment or business
affairs resulting from Federal or federally-assisted contracts.
AFFIRMATIVE ACTION PLAN: The Consultant in accordance with Executive
Order 11246 as amended and 41-CFR 60-143 shall provide full access to
and a copy upon request of its Affirmative Action Plan.
CERTIFICATION OF NON-SEGREGATIO,N FACILITIES: The certification provides
that the Consultant does not maintain or provide for his employees facili-
ties which are segregated on a basis of race, creed, color, or national
origin, whether such facilities are segregated by directive or on a de
facto basis. The certification also provides that he will not maintain
such segregated facilities.
NOTICE AND ASS ISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT CRF 1-i6.
901 - 32 (13):
(A) The Consultant shall report to the City, promptiv and in reason-
able written detail, each notice or claim of patent or copyright
infringernent based on the performance of this Agreenient of which
the Consultant has knowledge.
(8) In the event of any claim or suit against the Government on
account of any alleged patent or copyright infringenient arising
out of the performance of this Agreement or out of the use of
any suPPI ies f urn i shedor work or servi ces per formed here un de r,
the Consultant shall furnish to the Governrmnt when requested
by the City, all evidence and information in possession of the
Consultant pertaining to such suit or claim. Such evidence
and information shall be furnished &t the expense of the ify
Government e,,cept where the Consultant has agreed to indemn
the Government.
CONFLICT OF INTEREST: The undersigned Consultant hereby certi-
fies that this agreement or any claims resulting therefrom is
not the result of or affected by, any act of collusion with or
any act of another person, or persons,firm or corporation en-
gaged in the same line of business or commerce; and, that no
person acting for or employed by the City of Virginia Beach
has an interest in or is concerned with this proposal; and, that
no person or persons,firm or corporation, other than the under-
signed have or are interested In this proposal.
-2-
- 27 -
Item 11-J.13
CONSENT AGENDA ITEM # 22863
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council APPROVED REFERRING to the Planning Commission for their review with
the RESORT AREA ADVISORY COMMISSION (ATLANTIC AVENUE BEAUTIFICATION) and final
recommendation to City Council the proposed amendments to the H-2 Zoning
District regarding detached restaurants (Application of Robert Herman and
Herman, for a Change of Zoning from B-5 to H-2 9/10/84).
Voting: 10-1
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 C. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
December 3, 1984
27a
OPTION II
701 - USE REGULATIONS
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to the provisions of part c of article 2 hereof:
(1) Detached restaurants on the same zoning lot as a hotel or motel
having a minimum of twenty-one (21) or more dwelling or lodging
units and provided that the following conditions are met:
(i) Parking at a ratio of one (1) space for each seventy-
five (75) square feet of floor area.
(ii) Does not exceed ten (10) percent of the floor area of the
hotel or motel,
(iii) Outdoor eating, drinking, dancing or entertainment areas
are prohibited.-
(iv) There will be no deduction for denisity if the above
conditions are met.
(2) Heliports and helistops;
(3) In connection with hotels and motels having twenty-one (21) or
more dwelling or lodging units, bicycle rental establishments;
(4) Commercial parking lots and parking garages;
(5) Recreational and amusement facilities of an outdoor nature other
than accessory uses which may be partially or temporarily
enclosed on a seasonal basis with approval of City Council,
except that riding academies and recreational campgrounds shall
not be allowed as a conditional use or otherwise.
December 3, 1984
27b
Section 701 Use Regulations
(a) Principal Uses and Structures
(1) Hotels and Motels
(2) Detached Restaurants on the same zoning lot as a hotel or
motel having a minimum of twenty-one (21) or more dwelling
or lodging units and provided that the follo
are met:
.(i) Parking at a ratio of one (1) space for each seventy-
five (75) square feet of floor area.
(ii) Does not exceed ten (10) percent of the floor area
of the hotel or motel .
(iii) Outdoor eating, drinking, dancing or entertainment
areas are prohibited.
(iv) There will be no deduction for density if the above
conditions are met.
(3) Multiple family dwellings;
(4) Parks, playgrounds and comunity centers, b.otanical and
zoological gardens and other public buildings and uses.
December 3, 1984
- 28 -
Item II-J.14
CONSENT AGENDA 1TEM # 22864
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,905.89
upon application of certain persons and upon certification of the Treasurer
for Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Robert E. Fentress, Mayor Earold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent.
None
December 3, 1984
- 28a -
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:te Penaity lnt. Total
Y ear of Tax Number tion No. P id
B A & J M Burcham 84 pp 21273-4 7/29/84 184.01
Sandra H Bennett 84 pp 12101-1 6/5/84 177.00
Tri-Continental Leasing 84 pp 154119-1 6/5/84 47.46
Robert E Savage N/A Pkng 79052 10/22/84 10.00
Joanne Allen N/A Pkng 69668 8/23/84 20.00
Total 438.47
OCT 26 1
OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
were approved by
the Council of the City of Virginia
Beach on the day of
1984 Treasurer
Approved as to form:,/
Ruth Hodges Smith
City Clerk
- 28b -
FORM NO. C.A. 7
11/21/94 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty Int. Total
Year of Tax Number tion No. p ,id
Va Beach Federal S & L 84 RE(1/2) 88114-7 12/5/83 18.53
Va Beach Federal S & L 84 RE(2/2) 88114-7 6/5/84 18.53
Alfred L Liveman 84 pp 93278-8 6/1/84 28.99
Jay H & Cheryl L Corey 84 pp 32394-5 5/23/84 152.52
William B Thurston 84 pp 152442-3 5/22/84 123.06
Hulon J Drew N/A Svc Chg N/A 10/2/84 10.00
Total 351.63
LA
t4ov 26 1984
DLZ'PT. OF. LAW'
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
$351.63 We're' approved by
the Council of the City of Virginia
Beach on the 3 day of
1984 surer
Approved as to fo
Ruth Hodges Smith
City Clerk
Dal B@,mson@
FORM NO. C.A. 7 ' '"
11/15/84 EMI
AN ORDINANCE AUTHORIZING TAX REFUNDS _
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
lil
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME T r Type Ticket Exonera- Date Penalty Int. Total
of Tax Number tion No. Paid
Victor & Eleanor Belisle 81 RE(1/2) 5659-5 11/17/80
Victor & Eleanor Belisle 81 RE(2/2) 5659-5 11/17/80 25.3
Victor & Eleanor Belisle 82 RE(1/2) 5749-6 12/5/81 38.0
Victor & Eleanor Belisle 82 RE(2/2) 5749-6 5/10/82 38.09
Victor & Eleanor Belisle 83 RE(1/2) 5948-4 11/12/82 58.09
Victor & Eleanor Belisle 83 RE(2/2) 5948-453.0 1,
Victor & Eleanor Belisle 84 RE(1/2) 5887-6 5/12/83/18 55.7
Victor & Eleanor Belisle 8410/19/83 65.77
Ruth & Harold Bly 84 RE(2/2) 5887-6 10/19/83 65. 77 I �
14419-4 6/1/84 22g,7g
Frank E Butler III
84 PP 22263-4 5/18/84 40.20
John Mottram 84 PP 193650-3 11/9/84
Herbert R Crumley 84 PP 35003-1 8/30/84 58.68
Herbert R Crumley 84 PP 35004-0 358.65
Cynthia L Emerson N/A Pkng N/A 10/31/84 10.00
Total 1 ,115.79
i
I
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling ,
C. d as to pa -n
were approved by
40, ,
the Council of the City of Virginia
0
Beach on theday of .4 ,
•
1 n T. in in, -asurer ,
Aproved as to fo m:
Ruth Hodges Smith //7 \
City Clerk 1 1
77 ,1" On 1_ ,, . 'II _ i( / 7 C(//
. Dale Bimso , C ty Attorney 1
- 29 -
Item II-J.15
CONSENT AGENDA ITEM # 22865
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing License Refunds in the amount of $5,637.33
upon application of certain persons and upon certification of the Commissioner
of the Rvenue.
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, Meyera
E. Oberndorf, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
December 3, 1984
FORM NO. C.A- 8
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 I nt. Total
Year Paid
Zebulun Company
T/A Same
P. 0. Box 111 1984 7/6/84 ProRate 400.00
Dolgeville, NY 13329
Ivan D. Mapp
Cornmissioner of F
Approved as to torr:
This ordinance shall be effective from date ot City Attorney
adoption.
The above abatemen4s) totaling $ 400. 00 were approved by the Council
Decernber 19@4
of the City of Virginia Beach on the day of
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 0
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 13EACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L I cense Date Base Penalty lnt. Total
Year Paid
All American Swimming Pools
953 Reon Drive
Va. Beach, VA 23464 1983/84 Audit 119.52 119.52
Campbell, G. M. & Roberts, C. L.
T/A Shoes N Things
228 London Bridge Shopping Center
Va. Beach, VA 23454 1982/84 Audit 186.36 186.36
D & L Utilities Co., Inc.
4480 Holland Office Park
Va. Beach, VA 23452 1983 Audit 30.78 30.78
Commissioner of Revenue
This ordinance shall be effective from d,t, f
adoption.
The above abatemengs) totaling 3 36 6 6 were approved by the Council
of the City of Virginia Beach on the@ day of D@ceiab
19 4
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 6
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 L icense Date Base Penalty I nt. Total
Year Paid
Advantage Point, Inc.
240 Mustang Trail Bldg., S-6 &7
Va. Beach, VA 23452 19.84 9/24/84 183.35 183.35
Colonial-Toyota, Inc.
T/A Express/Toyota/Volkswagon
1877 Laskin Rd.
Va. Beach, VA 23454 1983/84 Audit 4,365.07 4,365.07
Halco Corporation
T/A Va. Store Fixtures
5760 Northampton Blvd., S-112
Va. Beach, VA 23455 1980/83 Audit 272.53 272.53
Commissioner of Revenue
Approved as to fgym:
This ordinance shall be effective from date of
adoption.
The above abatemenqs) totaling $4 820 . 95 were approved by the Council
of the City of Virginia Beach on the day of
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 0
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 L icense Date Base Penalty Int. Total
Year Paid
Deshon, Darnell & Keesee, Allen
T/A Darnell & Keesee Decorating
4011 Frances Lee Dr.
Va. Beach, VA 23452 1983 Audit 14.72 14.72
Mayo, John L.
T/A John's Seafood
709 Fiona Lane
Va. Beach, VA 23464 1982/83 Audit 15.46 15.A6
Tripicco, Ralph
T/A Cork & Stopper Antiaues
4108 Water Oak Place
Va. Beach, VA 23452 1983/84 Audit 49.54 49.54
CertAt d as to Payment:
Commissioner of Revenue
I
Apppved as to fqrm:
This ordinance shall be effective from date of
adoption.
The above abatemengs) totaling $79 72 were approved by the Council
of the City of Virginia Beach on the 3 day of Deeember- .1984 7
Ruth Hodges Smith
Ci ty Clerk
- 30 -
Item TI-K.1
UNFINISHED BUSINESS ITEM # 22866
TAX EXEMPTIONS
David Grochmal, Assistant to the City Manager for Inter-governmental Affairs,
presented a compilation of responses from property owners whose property
recently changed in status from "tax exempt'; to "taxable". These responses
were to seven (7) questions the State Code requires City Council consider
prior to its endorsement for "tax exemption'7.
The Twelve Properties involved are:
(1) Westminister-Canterbury of Hampton Roads, Inc.
(2) Disabled Veterans of Virginia Beach. Inc.
(3) Cousin Edith's Playground for the Children
(4) Beth Shalom Housing Corporation
(5) The Russell House, Inc.
(6) Zion Place, Inc., T/A Luther Manor
(7) Virginia Beach Services, Inc.
(United Way Family Center)
(8) Denson, John, et als, (Fraternal Order of Eagles)
(9) Columbia Club of Virginia Beach
(10) Atlantis Manor Mental Health Independent
Living Facility
(11) Volunteers of America Virginia Beach
Mental Retardation Group Home
(Baker House)
(12) Seatack Community Property, Inc. (DID NOT RESPOND)
Attorney Hugh Patterson, represented Westminister-Canterbury and reiterated that
the State Code clearly stipulates if localities wish to exempt "taxable" property,
they must initiate a Public Rearing. If City Council deems any property qualifies
for tax-exemption, the General Assembly requires a Resolution endorsing that
property or properties for exemption. The General Assembly does not appear to look
favorably on those exemptions not endorsed by the locality.
Attorney Glen Croshaw represented The Russell. House, Inc., Beth Shalom,
Zion Place, Inc., T/A Luther Manor ,d referen,ed that he had negotiated with
Staff concerning tax-exemptions.
Fred Hodges, represented Volunteers of America, and referenced Atlantis Manor
Mental Health Independent Living Facility and Volunteers of America Virginia
Beach Mental Retardation Group Home (Baker House). These two properties are
used exclusively by the Community Services Board.
A motion was made by Councilman Jennings, seconded by Councilman Fentress, to
proceed with a PUBLIC HEARING concerning tax-exemption of WESTMINISTER-CANTERBURY
OF HAMPTON ROADS, INC. VIRGINIA BEACH SERVICE CENTER, INC. (TJNITED WAY FAMILY
CENTER), BETH SHALOM HOUSING CORPORATION., THE RUSSELL HOUSE, INC., AND ZION
PLACE, INC., T/A LUTHER MANOR, and after the Public Hearing, City Council could
consider a resolution endorsing said requests for tax-exemption.
December 3, 1984
- 31 -
Item II-K.1
UNFINISHED BUSINESS ITEM # 22866 (Continued)
TAX EXEMPTTONS
Upon SUBSTITUTE MOTTON by Councilman McCoy, seconded by Councilman Baum, City
Council declared the City's tax structure will remain status-quo, there will
be no Public Hearing or Resolution concerning tax-exemption; however, ATLANTIS
MANOR MENTAL INDEPENDENT LIVING FACILITY AND VOLUNTEERS OF AMERTCA VIRGINIA
BEACH MENTAL RETARDATION GROUP HOME (BAKER HOUSE) shall be handled by the
City Manager by Ordinance. These two entities are used exclusively by the
Community Services Board and are under a lease, subject to renegotiation
each year.
Voitng., 8-3 (SUBSTITUTE MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Robert E. Fentress, H. Jack Jennings, Jr., and Meyera E.
Oberndorf
Council Members Absent;
None
December 3, 1984
- 32 -
Item II-K.2
UNFINISHED BUSINESS ITEM # 22867
MAYORS AD HOC COMMITTEE
ON TRANSPORTATION
ADD-ON
The Mayors Ad Hoc Committee on Transportation met on Thursday, November 29, 1984.
Councilman McCoy submitted the following report:
(1) The Mayors Ad Hoc Committee on Transportation does ENDORSE
the CAPITAL IMPROVEMENT PROGRAM concerning the section on
ROADS. One of the Members will be addressing the Council
during the PUBLIC HEARING.
(2) The Committee also ENDORSES the proposed roads on the BOND
REFERENDUM suggested by the City Manager.
(3) The Committee suggested that a reasonable amount of the surplus
be reserved for improvements on the less costly road projects
(4) Construction of the eight-laning of Virginia Beach Boulevard
will start in the Spring. This construction will entail two basic
problems. One has been previously addressed to the City
Council. This problem being whether the City should re-
priortize all phases of Virginia Beach Boulevard construction.
The first phase would involve Witchduck Road to Rosemont Road.
As plans are too far advanced, the first phase will be unable to
be changed. The second problem would entail the disruptive
process to the merchants along Virginia Beach Boulevard. The
Committee will form a subcommittee to meet with the Chamber
the Merchants involved, and the residents in order that they
might be educated in the process of the widening of Virginia
Beach Boulevard. This particular problem will be magnified
by old utilities on the Boulevard tbat will necessitate removal.
The Committee suggested that as much of the construction as feasible
be performed at night.
(5) The Committee recommends inclusion of Ocean Parkway (a scenic
highway -- Birdneck thru Pendleton) in the new MASTER STREET
AND HIGHWAY PLAN.
(6) The Committee requests a report be given on the "bottlenecks" of
Traffic within the City.
Councilman Jennings inquired as to whether bikeways would be included along
Virginia Beacb Boulevard. Councilman McCoy did not believe the eight-laning of
Virginia Beach Boulevard designated same. The City Manager will investigate and
report back to Council.
December 3, 1984
- 33 -
Item II-K.3
UNFINISHED BUSINESS ITEM # 22868
COMPREHENSIVE PLAN/
LAND USE PLAN
ADD-ON
Councilwoman Creech presented the following various alternative actions
concerning the COMPREHENSIVE PLAN and the CAPITAL IMPROVEMENT PROGRAM:
(1) A Policy of Density Levels of Three to the
Acre for both the northern and southern
halves of our City should be establisbed
and no residential rezoning above R-5 be
allowed.
(2) Multi-Family Dwellings as a permitted use
in B-3, 4, 5, and as a Conditional Use
in 0-1 and B-1 should be eliminated.
(Excess 0-1 or Bl-4 Land could be rezoned
if desirable and appropriate.)
(3) No Rezonings to Residential categories
south of the GREEN LINE should be permitted
within the next five years.
(4) Surplus Fund Balances in excess of the
I.evels recommended as appropriate to
protect our bigh credit rating should be
utilized for Capital Improvement Program
needs.
(5) Every effort should be applied to the
successful passage of our upcoming Bond
Referendums to address the needs of utili-
ties, roads and schools.
(6) A continued and increased emphasis be placed
on the development of a strong, growing
Commercial/Industrial Tax Base with a goal
established for a healthy ration between
Commerical/Industrial and Residential Tax
Revenues.
(7) The City should recognize and accept the
reality that the City may at some point be
faced with the necessity of increasing our
tax rate.
(8) "Quality of Life" improvement actiotis should
be accelerated for our target areas as recently
suggested by Councilwoman Henley.
A copy of Councilwoman Creech's report are hereby made a part of the record.
December 3, 1984
- 34 -
Item II-K.4
UNFINISHED BUSINESS ITEM # 22869
COMMUNITY DEVELOPMENT
FUNDING
ADD-ON
Councilwoman Henley submitted the following proposals for consideration in
utilizing Community Development funding:
(1) In 1981, it was necessary for the City to utilize
$505,705 of Community Development money to finance
emergency wells. Due to the present sizeable un-
designated General Fund Balance, this $505,705
should be returned to the Community Development
Program to be used in expediting water and sewer
projects.
(2) Any Community Development funds for Pleasure House
Road should be returned to Community Development.
These funds ($400,099) should be used to expedite
currently designated Community Development projects.
(3) Birdneck Road should not be considered a Target
Neighborhood Street Project since, in reality, it
is to be a four-lane, divided arterial highway.
These projects, Seatack Streets Phases III and iv,
should be included in Charter or Referendum Bond
funding. During Capital Improvement Plan reviews,
other Community Development projects should be re-
viewed for possible Charter Bond funding.
(4) Community Development projects should be reviewed
to make certain time-consuming duplicate work is
not performed. The basic services of water, sewer,
and streets should be instal.led in tbese remaining
Target nieghborhoods as quickly as possible.
(5) The City should rnake a concerted effort to broaden our
direction of Community Development to bring housing
throughout the City to acceptable standards. The
City should examine additional funding sources a-
vailable for the rehabilitation of substandard
housing in the City.
A copy of Councilwoman Henley's report is hereby made a part of the record.
December 3, 1984
- 35 -
Item II-K.5
UNFINISHED BUSINESS ITEM # 22870
DESIGN OF FERRELL
PARKWAY PHASE I-B
ADD-ON
Mayor Heischober referenced the City Manager's letter of November 21, 1984,
concerning the design of FERRELL PARKWAY, Phase I-B, and the recommendation
frm the City's Consulting Engineer (Said letter and recommendation is
hereby made a part of the record).
The Engineers have recommended the utilization of a scenic "parkway" typical section
with wide grassy medians, wide grassy shoulders, and no curb and gutter. This
road will have the capability of being expanded to six lanes.
By CONSENSUS, City Council AUTHORIZED the City Manager to proceed with the
recommendation of the Consulting Engineer.
December 3, 1984
- 36 -
Item II-K.6
UNFINISHED BUSINESS ITEM # 22871
EASTERN AMBULANCE SERVICE
ADD-ON
The Mayor referenced the City Attorney's letter of November 28, 1984,
concerning the application of EASTERN AMBNANCE SERVICE to operate
an ADVANCED LIFE SUPPORT MODE, which City Council had DEFERRED on
November 19, 1984. The City Attorney had also submitted a proposed
Ordinance as per the following:
AN ORDINANCE TO AMEND AND REORDAIN SECTION 10.5-2
OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PERMIT REQUIRED TO OPERATE AN EMERGENCY
MEDICAL SERVICES AGENCY OR VEHICLE IN THE CITY.
Said letter and proposed Ordinance are hereby made a part of the record.
City Council requested the Ci.ty Attorney proceed with pursuing the
"hold harmless agreement" to alleviate any City liabil.ity in connection
with the aforementioned application.
December 3, 1984
- 37 -
Item II-K.7
UNFINSIEHD BUSINESS ITEM # 22872
WATER SUPPLY/
COMPREHENSIVE PLAN
ADD-ON
Councilwoman Oberndorf requested the report of Aubrey V. Watts, Jr.,
Director of Public Utilities, concerning the Short-Term Water Supply
and Demand Projections of the City, be summarized and incorporated
within the COMPREHENSIVE PLAN.
A paragraph might be sufficient merely illustrating the short-term
water supply.
December 3, 1984
- 38 -
Item II-L.I.
NEW BUSINESS ITEM # 22873
INDIAN CIRCLE TOWNHOUSES
Attorney V. Alfred Etheridge represented the applicant
Attorney David M. Zobel, represented the residents of Indian Circle
and spoke in opposition, requesting DEFERRAL.
Martha B. Daniels, resident of Indian Circle Townhouses, spoke in
opposition.
A petition in OPPOSITION to this application is hereby made a part
of the record.
The following registered in OPPOSITION but did not speak:
John F. Willcox, resident
John Campbell, resident
Patricia Leonard Ludwig, resident
Charles Thomas Bunn, resident
Wendy Bookhout, resident
Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City
Council DEFERRED INDEFINITELY the Request for a WAIVER of a condition in
the application for a CONDITIONAL USE PERMIT by ROGER CAHOON AND LESLIE
TERRY to construct 28 apartment units (Approved by Ci.ty Council 3/12/73)
(Indian Circle Townhouses).
The aforementioned condition is:
"A minimum of 15% of the total acreage be provided by
the developer for active recreation."
This application is DEFERRED for review by City Staff, of this particular
parcel and similar parcels, so a Policy might be developed to handle
all such applications. Council also requested a report on the amount of
taxes paid on these "recreation sites"
Voting: 11-0
Counci.1 Members Voting Aye:
John A. Baumt Nancy A. Creech, Robert E. Fentress* Mayor Harold
Heischobert Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones* Robert G. Jones, Vice Mayor Reba S. McClanan* Meyera
E. Oberndorft and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay.
None December 3, 1984
Council Members Absent:
None
*Verbal A e
- 39 -
Item 11-M. I
RECESS INTO
EXECUTIVE SESSION ITEM # 22874
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilwoman Creech, seconded by Councilman Baum, City Council
voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters,
and Legal Matters, after which to adjourn (5:25 p.m.)
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, Jrt, Louis R.
Jones, Robert G. Jonest Vice Mayor Reba S. McClanant Meyera
E. Oberndorf* and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
December 3, 1984
- 40 -
Item II-M.2
ADJOURNMENT ITEM # 22875
By CONSENSUS, City Council adjourned the meeting at 6:55 p.m.
Beverly 0. Hooks
Deputy City Clerk
7.d-g scho er
City Clerk
City of Virginia Beach
Virginia
December 3, 1984
/bh