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MAY 7, 1984 MINUTES City 01 Virgi~ia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR LOUIS R. JONES, B<<yslde Homugh VICE.MA YOR BARBARA M. HENLEY. Put/go Borough JOliN A. flAUM, fl!.,ckwater Borough NANCY A. CREECH. At Large flAROLD IIEI-SCHOBER. AI Large H. JACK JENNINGS. JR.. tynnhaven Borougb ROBERT G_ JONES, At Large W. 11. KfTClI1N, fII. Vlrgil'llo Beach REBA S. /lkCLANAN, P,incess Anne Borough J. HENRY ,\IcCOY, JR., Kempsville Borough MEYER" E. OlJERNDORF, At l.a'8'- RUTlIHODGES SMITH. CMC, City Clerk 212 CITY HALL BVlLDfNG MUNICIPAL CENTER VIRGINIA BEACH. VIRCINfA 23456 (804) 427.4)01 CITY COUNCIL AGENDA May 7. 1984 BUDGET WORKSHOP: 10:00 a.m. ITEM I. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADKINISTRATIVE ITEKS 1. Lynnhaven River Water Quality Issues: Roads Water Quality Agency. Briefing by Hampton 2. Sale of Property Dt Rose Hall: Discussion 3. Gallager Associates Change of Zoning Requests: Briefing by Mr. Robert Scott, Director of Planning Department 4. Review of Consent Agenda ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Wallace O. Odum, Jr. First Assembly of God B PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of April 23, 1984. E. PRESENTATION: 1. Resolution of Appreciation Historical Review Board J. Burke Withers, Jr. F. PROCLAMATION: 1. Volunteer Recognition Week - May 6 - 12, 1984 2. Small Business Week - May 6 - 12, 1984 G. PUBLIC HEARING 1. Pursuant to SectIon 15.1-431 of the Code of Virginia, as amended, requesting authorization of an encroachment AND lease of air space over the City's public right-of-way of Ocean Avenue to Neptune Associates T/A Ramada Inn of the Beach. (Public Hearing authorizied by City Council action on April 9, 1984) H. ORDINANCES: 1. Ordinance to authorize an encroachment into and to lease air space over the Public right-of-way of Ocean Avenue to Neptune Associatef! T/A Ramada Inn on the Beach. I. RESOLUTIONS 1. Industrial Development Revenue Bonds: a. Chamar, Inc., Facility (Great Big Greenhouse and Nursery) - $650,000 b. Hermes Abrasives, Ltd. - $1,500,000 c. Thomas C. and Elaine M. Kyrus Facility - $225,000 d. London Bridge Business Park Associates Facility $1,600,000 e. Northmall Associates Facility - $10,000,000 f. RAML Associates, John L. Spring and William Gary Broome - $2,250,000 g. Kenneth M. and Mildred G. Rudd Facility - $250,000 h. SAK Associates - $340,000 i. Werber-Biggs Associates Facility - $1,000,000 2. Special Revenue Bonds: a. Resolution inviting and encouraging Redevelopment and Housing Authority powers to issue its housing revenue Diamond Associates - $5,000,000 the Portsmouth to exercise its bonds to Newtown 3. Resolution authorizing certain Sand Grading activities at Sandbridge Beach due to an emergency situation. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course c.f business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution: 1983 First Citizen of Virginia Beach - Aaron Parsons 2. Resolution of Appreciation Historical Review Board J. Burks Withers, Jr. 3. Ordinance to amend and reordain Sections 21-396, 21-397 and 21-398 of the Code of the City of Virginia Beach, Virginia, pertaining to parking meters. 4. Ordinance, 35-37 (a) pertaining time. on SECOND READING, to amend and reordain Section of th~ Code of the City of Virginia Beach penalty and interest when installment not paid on 5. Ordinance, on 35-6 (a) of pertaining to Taxes not paid SECOND READING, to amend and reordain Section the Code of the City of Virginia Beach penalty and interest when Personal ProHerty on time. 6. Ordinance, on FIRST READING, to amend and reordain Section 35-207 of the Code of the City of Virginia Beach pertaining to tax on cigarettes. 7. Ordinance, on FIRST READING, to 21-75(c) of the Code of the Virginia, pertaLling to Local Trailers. amend and City of License reordain Section Virginia Beach, Taxes on Horse 8. Ordinance to Transfer Funds of $36,365 of Public Works for a Trailer for Station; within the Department the Refuse Transfer AND, an ordinance to Transfer Appropriations within the Public Works Department. 9. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Indian River Road and Depositors Lane to A. T. Williams Oil Company, its assigns and successors in title. 10. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Clifton Road to Duman T. Wright, his heirs, assigns and successors in title. 11. Ordinance to authorize acquisition of property in fee simple for right-of-way for Seatack Street Improvement Project Phase II-A and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. . 12. Ordinance appointing Viewers in the petition of Runnymede Corporation for the closure of a portion of Lee Street (Old Virginia Beach Road) and Old County Road (Virginia Beach Borough) . I I II 13. Low Bid of Luke Construction Company of $279,520.00 for the Beggars Bridge Project (CIP 2-953), authorizing the City Manager to enter into the necessary agreements for the implementation of this project; AND, Ordinance to transfer Capital Project Funds of $55,000 between Capital Projects to provide additional funds for Beggars Bridge. 14. Raffle Permits: Activities Committee, Messiah Lutheran Church, and Civitan Club of Virginia Beach 15. Certificate of Public Convenience and Necessity - Beach, Bayside, and Coastal Cabs (Ruby Hall Dozier) 16. Request of the City Treasurer for tax refunds in the amount of $771.07. K. PLANNING 1. Application of Hubert C. Gray, Jr. for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. This site is located on the north side of Little Haven Road at the intersection with Hurds Road (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of Gennaro Fiore for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the requirements of the Comprehensive Zoning Ordinance. This site is located at the northeast corner of London Bridge Road and Terrell Avenue (Lynnhaven Borough) . a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. 3. Application of Hudgins and Associates for the closure of a portion of Goose Landing (Formally approved by City Council on October 10, 1983, subject to conditions being met within 180 days). a. The City Manager's letter advises the 180 time period has expired, the applicant has not completed his resubdivison plat and the applicant wishes to explain why this condition has not been met. 4. Application of Donald W. and Selena Starbuck and Richardson C. and Linda B. Bell for the closure of a portion of Lauderdale Avenue (Bayside Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. 5. Application of A. T. Williams Oil Company for a conditional use permit for a gas station and car wash on a 41,732-square foot parcel located at the northwest corner of Rosemont Road and 4th Street (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Helfant Realty, Inc. for a conditional use permit for one duplex on a 6,250-square foot parcel located on the east side of St. Paul Street, south of Virginia Beach Boulevard (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of Alton A. Miller for a change of zoning from B-2 Community-Business District to I-I Light Industrial District on a 21,OOO-square foot parcel located on Butternut Lane, south of Bonney Road (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of J. M. Briggs for a conditional use permit for mini-warehouses on a 1.6-acre parcel located on the north side of Virginia Beach Boulevard, east of Louise Avenue (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 9. Applications of Crow, Terwilliger & Michaux, Inc., for changes of zoning: from B-2 Community-Business District to A-2 Apartment District on a one acre parcel, located on the East side of South Lynnhaven Road, north of Lee Highlands Boulevard; AND, from B-1 Business-Residential District to A-2 Apartment District on a nine acre parcel, located on the east side of South Lynnhaven Road, south of Lee Highlands Boulevard (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of Herman R. and Sarah W. Harris; Felix Allan Reader; and Margaret G., Felix A., and Charles R. Reader/Scott Development Company for a change of zoning from R-8 Residential District to A-2 Apartment District on a 32-acre parcel located on South Lynnhaven Road between the north intersection with Lynnhaven Parkway and Silina Drive (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of F. Wayne McLeskey, Jr. for a change of zoning from R-6 Residential District to R-8 Residential District on two parcels totalling 4.391 acres, located along the east side of Little Neck Road (formerly North Plaza Trail), north of Virginia Beach Boulevard (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 1,1 i, L. APPOINTMENTS 1. Advertising Selection Committee 2. Community Services Board 3. Historical Review Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 1. Motion to adjourn. " I i ,I i i j ~ M I NUT E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 7, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, May 7, 1984, at Twelve Thirty in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S.* Note: Councilman McCoy entered the Informal Session at 1:10 p.m. May 7, 1984 - 2 - ITEM If 21808 Mayor Jone:3 entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Vi:rginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an ~nsti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City Council v01:ed to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, ~iyor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: ~ J" Henry McCoy, Jr., D.D.S.* May 7, 1984 I I I - 3 - MAT T E R S B Y MAY 0 R/V ICE MAY 0 R ENVIRONMENTAL PROTECTION AGENCY ITEM II 21809 Mayor Jones advised that Delegate "Buster" O'Brien informed him Governor Robb will meet with the Environmental Protection Agency Administrator, William D. Ruckeshaus, on Wednesday, May 9, 1984, to discuss the Chesapeake Bay. There will be a cruise inspection on the Bay from 11:00 a.m. to 1:30 p.m. The State Legislators are being urged to attend. City Council will CANCEL luncheon with Virginia Legislators on May 9, 1984, as events would conflict. MANAGEMENT PLAN FOR BACK BAY ITEM II 21810 Vice Mayor Henley advised she is in receipt of one copy of "MANAGEMENT PLAN FOR BACK BAY" forwarded to the City staff for technical review. Vice Mayor Henley noted that this was an excellent study. The Back Bay Study Committee will be meeting this week. Jack Whitney, Chief of Comprehensive Planning, has already begun a review this plan. Upon receipt of the reviewed copy, Roy Mann Associates can produce the final copy for submission to City Council. INDUSTRIAL REVENUE BONDS ITEM II 21811 Vice Mayor Henley referenced a possible meeting or report concerning pending Federal Legislation of INDUSTRIAL REVENUE BONDS before further approval by City Council of additional IRB's (See Item II.I.1.a-l of the Formal Agenda). Staff advised City Council of difficulty in developing a criteria while legislation is still pending. Staff estimated a final Bill would be available within two (2) months. May 7. 1984 - 4 - \ MAT T E R S B Y C 0 U N C I L MUNICIPAL BONDS ITEM II 21812 ~-.,jlJ Councilman Heischober referenced consideration in Washington to tax in- terest-income on MUNICIPAL BONDS. This legislation may also result in tax on Social Security. The City Attorney is to draft a Resolution in- dicating opposition to proposed tax. AMBASSADOR PUBLICATION ITEM tf 21813 Councilman Jones complimented Director of Economic Development, James DeBellis, on his article entitled, "HIGH TECH, HIGH TOUCH, AND HIGHER EDUCATION", appearing in the quarterly publication, AMBASSADOR (Copy of which i:3 hereby made a part of the record). F. WAYNE MeLESKEY, JR. APPLICATION FOR A CHANGE OF :WNING FROM R-6 to R-S ITEM tI 21814 Councilwoman McClanan referenced request of Richard S. Browner to move application of F. Wayne McCleskey, Jr. for a Change of Zoning from R-6 Reside::ltial District to R-8 Residential District forward on the Formal Agenda for DEFERRAL. This Application will be heard first under the :?lanning Items. (See Item II-K.11 of the Formal Agenda). .. May 7, 1984 I I I - 5 - MAT T E R S B Y C I T Y MAN AGE R LYNNHAVEN RIVER WATER QUALITY ITEM II 21815 Paul Fisher, Director of the Hampton Roads Water Quality Agency, presented a briefing on the Lynnhaven River Water Quality Issue. The Hampton Roads Water Quality Agency is a consortium of the Hampton Roads Sanitation Dis- trict, Peninsula Planning District Commission and the Southeastern Vir- ginia Planning District Commission. It was formed in early 1974 to de- velop an "areawide waste treatment management plan" for the fourteen cities and counties encompassed within that area. The Hampton Roads Water Quality Agency focused on the recommendation that the Lynnhaven River Basin be designated as the Urban Nonpoint Control Test Basin. The Virginia Institute of Marine Science formulated the LYNNHAVEN RIVER WATER QUALITY TREND REPORT for the HRWQA. Basically VIMS identified three (3) alternatives for the future of the Lynnhaven River: (1) Allow water quality to continue to deteriorate. (2) Maintain present water quality. (3) Improve water quality conditions. The HRWQA has developed a series of specific recommendations for all basins within their study area: (1) Encourage homeowners to properly dispose of toxic home chemicals. (2) All of cities in the area are to incorporate con- siderations and control of nonpoint source pollution in the site plan review process. Apporoximately $350,000 has been spent by the Hampton Roads Water Quality Agency within the last ten years addressing Lynnhaven River water quality problems. The three major potential water quality problems in the Lynnhaven are: (1) Low dissolved oxygen (2) Sedimentation (3) Bacteria. A Booklet entitled: "Hampton Roads Water Quality Management Plan Lynnhaven River and Albemarle Sound Basins Abstract" was distributed to City Council (Copy of which is hereby made a part of the record). ROSE HALL ITEM II 21816 In response to a letter received by the Mayor from the Historical Review Board, Director of Economic Development, James DeBellis, presented information con- cerning parcels C-4 and A-2 at Rose Hall Office Park. Limitation of development of these parcels would be difficult to accomplish at this time since one site has been sold and the other is under option. (1) Development of Parcel C-4 should be allowed as approved by the Historical Review Board, consistent with proper zoning. (2) Concerning A-2, option deposit of $5,000 would have to be refunded, and predevelopment expenses reimbursed as in case of purchase and sale. Jerry Broadway, Project Manager of the Francis Land House, further elaborated on the status of the property. May 7, 1984 - 6 - MAT T E R S B Y C I T Y MAN AGE R (Continued) GALLAGER M;SOCIATES CHANGES OF ZONING REQUESTS ITEM It 21817 Director of Planning Robert Scott, presented a briefing concerning appli- cations fo::- changes of zoning of Gallager Associates (Princess Anne Borough). Mr. Scott lltilized a map depicting the Gallager Property's relationship to the Floodway and Flood Plain. When the Gallager application was submitted for review, the old Flood Plain Maps were still in effect. These maps showed the five-foot contour line as being the line of demarcation for the limits of the Flood Plain. The portion of the Floodway in the Flood Plain was determined by on-site soil evaluation. The original recommendation of the Planning Connnission was for development of this site with a density of 190 uni1:s. After the adoption of the new Flood Plain Maps, the eight- foot contour line constituted the dividing line. This site is very heavily impacted by the Flood Plain. There would be no filling in that area without permission of the City Engineer. Based on these new facts, it was determined tha t the d~iTel1ing units be limited to 249. A revised plan reflecting a total of 249 units is to be submitted to the Planning Department prior to the City Council Meeting. ORDINANCE ~~O TRANSFER FUNDS FOR THE BEACH REPLENISHMENT PROGRAM ITEM It 21818 The City ~lnager referenced an ADD-ON item to the Formal Agenda: Ordinance to Transfer Funds of $108,500 for the Beach Replenishment Program as Provided by the Virginia Beach Erosion Connnission. (See Item :=I-H.2 of the Formal Agenda). CONSENT AGENDA TRANSFER FUNDS/ DEPARTMENT OF PUBLIC WORKS ITEM It 21819 Vice Mayor Henley, Councilwoman McClanan, and Councilman Jennings referenced the Ordinances to Transfer Funds of $36,365 within the Department of Public Works for a Trailer for the Refuse Transfer Station; and, to Transfer Appro- priations \lithin the Public Works Department for the purchase of a larger loader (See Item II-J.8 of the Formal Agenda). City Council requested an update on the economy of the Refuse Transfer Station. RECESS INTO EXECUTIVE SESSION ,I ITEM It 21820 City Counc:LI recessed into EXECUTIVE SESSION at 1:47 p.m. May 7, 1984 I I I, I i I - 7 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL May 7, 1984 2:00 p.m. ~- Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Wallace o. Odum, Jr. Pastor First Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 7, 1984 - 8 - Item II-D.l MINUTES ITEM II 21821 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of April 23, 1984, with a correction as follows: .. ,~ Pc.ge 11 - ITEM II 21765 INFORMAL SESSION (CAPITAL PROJECTS STATUS REPORT Period Ending March 31, 1984) REPLACE the word "curbs" with the word "curves" in the following sentence: Vice Mayor Henley inquired about BEGGARS BRIDGE, and the e~Fbs curves on SANDBRIDGE ROAD. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Bclrbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Meniliers Voting Nay: None Council Meniliers Absent: None Jill May 7, 1984 I I I, II I - 9 - Item II-E.l. PRESENTATION ITEM It 21822 ".~ Mayor Jones presented a RESOLUTION OF APPRECIATION to: J. BURKE WITHERS. . . . . HISTORICAL REVIEW BOARD ...... May 7, 1984 - 10 - Item II-F.] PROCLAMATION ITEM If 21823 Mayor J oneE: PROCLAIMED the week beg inning May 6, 1984 as SMALL BUSINESS WEEK ~ ".... This Proclc.mation recognized the small business and its vital role in our nation's economy. Michael Savvides, Chairman of the Virginia Beach Council of the Hampton Roads Chamber of Commerce, accepted the PROCLAMATION. '4 May 7, 1984 I I - lOa - -II' . Ii Jlrntlumuttntt WHEREAS, the ~mall b~~n~~ ha~ long played a v~tal kole ~n OUk nat~on'~ economy and ~ ke~pon~~ble 60k the Ckeat~on 06 well ovek hal6 06 the n~ job~ ~n the Amek~can labok 60kce; and WHEREAS, ~mall b~~n~~ ownek~ ake among the mo~t dynam~c and ~nnovative leadek~ 06 the b~~n~~ commun~ty. The~k w~ll~ngn~~ to con6kont uncekta~nty w~:.th ckeat~v~ty and detekm~nat~on to ~ucceed help~ OUk Nat~on meet the many challeng~ we 6ace today; and WHEREAS, the ~mall b~~n~~ enabl~ ~ to develop OUk human k~oukC~ mOke e66ect~vely and enk~che~ OUk ~oc~ety; and WHEREAS, ~t ~ -impOktant that we take t-ime each yeak to honOk OUk ~mall b~~ne~~ commun~ty; NOW, THEREFORE, I, Lou~ R. Jon~, MaYOk 06 the c~ty 06 V~kg~n~a Beach, do hekeby de~~gnate :.the week beg~nn~ng May 6, 1984 a~ SMALL BUSINESS WEEK ~n V~kg~n-i.a Beach and ukge all c~t~zen~ to ~hake w~:.th me dUk~ng :.th~ week a ~olemn pk~de ~n the ach~evemen~ 06 ouk ~mall b~~ne~~ men and women and ~n :.the contk~but~on~ the~ have made to ouk 6kee way 06 l~6e. G~ven undek my hand and ~eal th~ ~eventh day 06 May, n~neteen hundked and e~ghty-60uk. . ~N\..--;-~-..._~.... .......__\~\.~ 3;:; "'" ~ _.,........ ""~<......._ '4 '" ~ ,,; ~ ,.._,. / """-."":','l'''' ._ ,..",,/...__ "- ~., 1"- .,. .... __.' ,--...--~:..--~r ~,~~ ...."..;. .......:-- -.; " '\ "..," ...r-:' .~ .."'~.... :.,' ,~~ ,,~ -:., . ~_. - - ,.:.;"-',, :~.J',,:,,:~-.:~- --;;..-::. ~. .." ".;. ,;, "," ,~.:~..--:..... .....~ " ~','4 _..~ - -, ~-J..... ..... ~ " -........,.,,~"'.......~~-- ,..... Lou~ R. Jone~ MaYOk ,. May 7, 1984 Ii III I I - 11 - Item II-F.2 PROCLAMATION ITEM # 21824 Mayor Jones PROCLAIMED the week of May 6 - 12, 1984 as VOLUNTEER RECOGNITION WEEK This Proclamation recognized the outstanding contributions that are being made to our lives and community by the thousands of fellow citizens who are volunteering their services in our City. Art and Julia Grau, and John Lane, volunteers who were nominated by their program for the Department-Volunteer Council's Volunteer Award, were in attendance. Roberta Nagle, recipient of the award for Outstanding Individual Volunteer, accepted the PROCLAMATION. May 7, 1984 III I I - 11a - '*"1 " 'rorlumuttou WHEREAS, we. ake. a nat-ion that WM 60unde.d by -ind-iv-idual.'.l who de.d-ic.ate.d theDt l-ive..'.l, e.ne.kg-ie..'.l, and ke..'.lOUkC.e..'.l to mak-ing th-i..'.l a be.tte.k wOkld 60k the.~e.lve..'.l, the.ik 6am-il-ie..'.l, ne.-ighbok.'.l, and pO.'.lte.k-ity; and WHEREAS, th-i..'.l goal ha.'.l bee.n c.ont-inue.d and e.nhanc.e.d by the. c.-it-ize.nky 06 Vikg-in-ia Be.ac.h who annually volunte.e.k the.-ik .'.le.~v-ic.e..'.l and .'.lub.'.ltanc.e to 60kwakd-ing l-i6e. 60k all -ind-iv-idual.'.l -in th-i..'.l C-ity; and WHEREAS, thoU.'.land.'.l 06 c.-it-ize.n.'.l -in th-i..'.l ake.a ake ac.t-ive.ly -involve.d -in volunte.ek .'.le.kv-iC.e. that -i..'.l annually c.ontk-ibut-ing thoU.'.land.'.l 06 hOUk.'.l 06 .'.le.kv-iC.e. to aUk c.ommun-ity; and .1' WHEREAS, the..'.le. voluntee.k .'.le.kv-iC.e..'.l ake. e.nk-ic.h-ing l-i6e. 60k OUk c.-it-tzen.'.> and 60k ge.ne.kat-ion.'.l to c.ome.; and WHEREAS, OUk c.ommun-ity and ouk c.-it-izenkY be.ne6-it 6kom the ac.t-ion.'.l, c.onc.e.kn.'.l, and de.d-ic.at-ton 06 the..'.le. volunte.e.k.'.l; NOW, THEREFORE, ~ Lou-i..'.l R. Jone..'.l, MaYOk 06 the C-ity 06 V-ikg-in-i.a Be.ac.h, do he.ke.by pkoc.la-i.m the. we.e.k 06 May 6-12, 1984 a.'.l VOLUNTEER RECOGNITION WEEK ~n V-ikg-in-i.a Be.ac.h and Ukge. that all c.-it-tze.n.'.> Ob.'.le.kVe. th-i..'.l week by ke.c.ogn-iz-ing t~e. out- .'.ltand-ing c.ontk-ibut-ton.'.l that ake. be.-ing made. to auk l-ive..'.l and c.ommun-ity by the. thoU.'.land.'.> 06 6e.i.i.ow c.-it-ize.n~ who ake. voi.unte.e.k-ing the.-ik ~e.kv-iC.e..'.l -in aUk C-ity. ., , ----- --...~. ".,-.. . - , . ,., \ \' ~ -"'. -:;:::- ~ ,::' \-... - . ~~-' ...........,....-' ~.J .......-~ ...., ........ ---.;-... ~,:/.... '" .- ~', .:- '. . --, ..... '" "'- ~:J ':' , ...,# ~ ~- ~.-!:. 11'1'0'-1 \ . ~ \ , ~-:-.:-'"-~~ --,~ ~. '~ ,'::'. -::..~~..f~'. , ......, "'-.... ___....-l..... '#' ~ ., ~, .~ ;,.. , 4"Il.", _ ....._.. ,;--- .........".....,..:...""'~ -'. May 7, 1984 I I - 12 - Item II-G.1 PUBLIC HEARING ITEM # 21825 . I Mayor Jones declared a Public Hearing on the following: ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RAMADA INN ON THE BEACH Attorney Grover Wright represented the Applicant. The following spoke in opposition: Edward Caton, represented a large group of citizens who live in North Virginia Beach. Jim Kaiser, represented the North Virginia Beach Civic League Edmund Kanady, represented the Princess Anne Civic League F. Reid Ervin, spoke concerning the merits of the oppositon. There being no further speakers, Mayor Jones closed the Public Hearing. May 7, 1984 I: - 12a - PUBLIC NOTICE c<., I ~ The. Virginia Beach City Council, will hold a PUBLIC HEAR- ING in the Council Chambers at 2:00 p.m., Monday, May 7, 1984, for the purpose of authorizing an ENCROACHMENT and LEASE OF AIR SPACE over public right-of-way at Ocean Avenue as follows: . RESOLUTION AUTHORIZING THE ADVER- TISING FOR A PUBLIC HEARING PURSUANT TO SECTION 15.1-431 OF THE CODE OF VIR- GINIA, AS AMENDED, RELATING TO THE AUTHORIZATION OF AN ENCROACHMENT AND LEASE OF AIR SPACE OVER THE PUB- LIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATFB T / A RAMADA INN OF THE BEACH A copy of the Resolution along with a copy of the "Ordinance to authorize" and the proposed Agreement are available for public review in the Office of the City Clerk, Room 281 City Hall building, Municipal Center (427-4303), Monday tbN Fri- day, 9:00 a.m.-5:OO p.m. >k-A4,'~r/~f r~~ ~h~Hodges Smith, CMC . City Clerk/Clerk of Council 1''''1 34 I I The BeaCon April 29, 1984 May 7, 1984 I I - 13 - Item II-H. 1 ORDINANCE ITEM # 21826 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council DEFERRED for one week until the City Council Meeting of May 14, 1984, the following Ordinance: ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RAMADA INN ON THE BEACH IIThis Ordinance shall not become effective until the attached agreement, containing the provisions upon which the license to encroach granted herein is conditioned, shall be executed by the City Manager and Neptune Asociates t/a Ramada Inn on the Beach, and until Ramada Inn shall have complied with all provisions contained in such agreement." (Councilwoman McClanan referenced Requirement No.5 in the City Manager's letter of May 7, 1984,concerning the above Ordinance: " The owner agrees that minimum ground clearance will be 16 feet." The language of this requirement needs to be clarified in the agreement with a further de- scription of limitations.) Vote: 6-5 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, and Reba S. McClanan Council Members Voting Nay: Harold Heischober, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None May 7, 1984 Ii I I -13a- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RAMADA INN ON THE BEACH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-376.1, Code of Virginia, (1950), Neptune Associates t/a Ramada Inn on the Beach is hereby authorized to construct and maintain an encroachment into the air space over the public right-of-way of Ocean Avenue. That the encroachment herein authorized is for the purpose of constructing and maintaining an overhead, enclosed walkway to connect Ramada Inn's conference center on the west ~I side of Ocean Avenue to its restaurant on the east side of Ocean Avenue between 56th Street and 57th Street in the City of Virginia Beach. That this Ordinance shall not become effective until the attached agreement, containing the provisions upon which the license to encroach granted herein is conditioned, shall be executed by the City Manager and Neptune Associates t/a Ramada Inn on the Beach, and until Ramada Inn shall have complied with all provisions contained in such agreement. Adopted by the Council of the City of Virginia Beach on the day of , 1984. ''''I APP~f..2.'.~l::) ;~:) ~ :...; ..... ."., ',' MES/re (29C) rJ. ~i'::,'. { l'J'~~ . I / DEP:.:,.~~]T~---' A.rPRCV~C .I\:i -;,) r'" ~~,", 7fj/I~&~~- c!r-{ A 1"~- ":'-~:" ''7',' May 7, 1984 /"~. I I . 1- - 111 ~ , ... , ; I .! THIS AGREEMENT, made this ~daY of ~~~ , 1984 by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation, hereinafter referred to as the "City,. and NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH, hereinafter referred to as "Ramada Inn." WHEREAS, it is proposed by Ramada Inn to construct and maintain an overhead, enclosed walkway for the purpose of connecting its conference center on the west side of Ocean Avenue j i I, i. to its restaurant on the east side of Ocean Avenue between the $th Street and 57th Street in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such walkway, it is necessary that Ramada Inn encroach into the air space over the public right-of-way known as Ocean Avenue; and, therefore, Ramada Inn has requested that the City grant a temporary encroachment to facilitate such walkway within the air space over the public right-of-way of Ocean Avenue. NOW, THEREFORE, in consideration of the premises and of the mutual promises hereinafter contained, the City doth grant to Ramada Inn, to the extent of its authority as contained in Virginia Code S15.1-376.1, a temporary encroachment to use a portion of the air space over the public right-of-way known as Ocean Avenue for the purpose of constructing and maintaining an overhead, enclosed walkway in accordance with the following terms and conditions. 1. Ramada Inn shall construct and maintain such ~ -walkway in accordance with the laws of the Commonwealth of j, I Virginia and the.City of Virginia Beach, and in accordance with the City Department of Public Works' specifications and approval as to size, design, alignment and location. All plans, specifications, and construction procedures pertaining to the maintenance or construction of such walkway shall be approved by the City Department of Public Works prior to the start of construction. No construction or maintenance of such walkway shall commence until all permits required by law have been issued I ! - I I by the City Department of Public Works or other appropriate legal : I I . authority. 2. The walkway shall be of the type and shall be constructed so as not to interfere with the public use or travel on or in Ocean Avenue, and shall have a minimum clearance of sixteen feet (161). The walkway shall not contain or have placed thereon any name, lettering or device intended for identification, advertising or publicity purposes. 3. Ramada Inn shall at all times keep the walkway in proper repair and shall make at its own expense such repairs thereto as the City or its duly authorized representative shall deem necessary for the safety of persons and property using the 'public right-ot-way ot Ocean Avenue. 4. Ramada Inn shall restore and replace at its sole expense any portion of Ocean Avenue and any public utility disturbed by reason of the construction, maintenance or existence -2- l~1 LI r: I I "' I. of the walkway in a manner and with materials satisfactory to the , . . City or its duly authorized representative. 5. Ramada Inn shall pay to the City annually for the license granted herein a sum equal to the greater of One Dollar and Fifty Cents ($1.50) per square foot of air space utilized by such walkway or Four Hundred and Fifty Dollars ($450.00) Such sum shall become due and payable on the first day of each calendar year or portion thereof which the walkway is in !I existence. fi 6. Ramada Inn shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees . I which the City may be required to payor otherwise sustain by reason of the construction, maintenance, location, or existence "."'1 , of such walkway. 7. Ramada Inn shall furnish to the City a certificate of insurance indicating that Ramada Inn has in effect comprehensive general liability insurance, naming the City as an additional name insured, which defends and insures the City against any liability resulting from the construction, maintenance or existence of such walkway. Such contract of insurance shall be written by a company and in the form approved by the City's Risk Manangement Division and shall afford, where applicable, liability coverage for bodily injury including death, and/or damage, destruction to and/or loss of use of property in an amount not less than One Million Dollars ($1,000,000) -)- . ,." " " I - '- - ~- ~,'. '. '. ,- - - ,~. I - , I - - I I for each accident combined single limit coverage. Ramada Inn shall pay all premiums chargeable for the acquistion and maintenance of such liability insurance and shall keep such insurance in full force and effect at all times during the existence of the walkway. The contract of insurance shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty days (60) after written notice that the insurance will be cancelled is given to the Director of Risk Management of the City. 8. Ramada Inn shall furnish a bond to the City, with I, corporate surety approved by the City Attorney, in the sum of Ten Thousand Dollars ($10,000) conditioned upon the completion of construction, maintenance or removal of the walkway by Ramada Inn promptly upon being'directed to do so by the City or its duly authorized representative in accordance with the terms of this agreement. Ramada Inn shall pay all premirnums chargeable for the bond and shall keep such bond in full force and effect at all times during the existence of the walkway. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty (60) days after written notice that the bond will be cancelled is given to the Director of the City Department of Public Works. 9. The City does not intend by entering into this agreement to grant any franchise to Ramada Inn, and the City hereby expressly reserves the right to terminate or amend this agreement upon written notice to Ramada Inn. Within ninety (90) days after notice to terminate is given, the walkway shall be -4- I I t removed from the air space above the public right-of~way of Ocean Avenue by Ramada Inn, and Ramada Inn shall bear all costs and · expenses of such removal. Upon such termination, Ramada Inn shall also be responsible to repair, replace or restore any ~I , portion of Ocean Avenue or any pUblic utility damaged by the removal of such walkway to the satisfaction of the City or its duly authorized representative at Ramada Inn's sole expense. On the failure, refusal or neglect of Ramada Inn to comply with the " provisions of this paragraph or any other provision of this jl i Agreement, the City shall have the right to perform Ramada Inn's l; ; . obligation hereunder and charge the cost thereof to Ramada Inn. Such cost may be collected by the City in any manner provided by ! . , . law for the collection of local or state taxes. 10. Any failure, refusal or neglect to conform fully with the provisions of this agreement by Ramada Inn shall be grounds for immediate termination by the City. CITY OF VIRGINIA BEACH By City Manager City Clerk NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH By Resort Motor Inns, Inc., G ert1 Partner .~ ~-- avid Pender, III President By -5- ';'1 , I I ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: . I , , a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of i: 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-~ _ I,~ ~ ~ . a Notary Public in and for the City and State aforesaid, do hereby certify that David Pender, III, President and General Partner of NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH BY RESORT MOTORS INNS, INC., whose name is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this ~ day of ~F~<___' 19!i My Commission EXPires:~ MES/re 3/1/84 (29C) t\J APiJRCV:.:' /...3 TC '.:G:~F~"i ~ /. , - c...(,..~.. ...L ~ ~ ( ,. ...1....,.' _" _ J '. .h .-i- _:0 4': , .. .. ... ~ "f , . , -6- ~~5<{J; V',:-:,' r~~~_. .~. I I I I - 14 - Item II-H.2 ORDINANCE ITEM II 21827 ADD ON Upon motion by Councilman Kitchin, seconded by Mayor Jones, City Council ADOPTED an Ordinance to Transfer Funds of $108,500 for the BEACH REPLENISHMENT PROGRAM as provided by the Virginia Beach Erosion Com- mission. Vote: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.~ Mayor Louis R. Jones~ W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones *Verbal Aye May 7, 1984 I I I I - 14a - AN ORDINANCE TO TRANSFER FUNDS OF $108,500 FOR THE BEACH REPLENISHMENT PROGRAM AS PROVIDED BY THE VIRGINIA BEACH EROSION COMMISSION WHEREAS, the City Council desires to continue the Beach Replenishment Program which includes the hauling and placement of sand on the beach; and WHEREAS, the sand hauling program for this spring will cost $754,000 as determined by low bid; and WHEREAS, the Erosion Commission has funds of $645,500 available for the project, and the additional funding needed of $108,500 can be provided by transfer from excess funds in the Department of Public Works. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $108,500 be transferred from the Construction Materials and Supplies Account of the Highway Division of the Department of Public Works to the Erosion Commission budget to complete funding needed for the summer sand hauling project. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of May , 1984. . I May 7, 1984 - 15 - Item II-I.la-i. RESOLUTIONS ITEM It 21828 I I Eric A. Hauser, was in attendance to respond to any inquiries Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED Resolutions approving the issuance of Industrial De- velopment Revenue Bonds for the following: CHAMAR, INC., FACILITY (GREAT BIG GREENHOUSE and NURSERY) HERMES ABRASIVES, Ltd. THOMAS C. AND ELAINE M. KYRUS FACILITY LONDON BRIDGE BUSINESS PARK ASSOCIATES FACILITY NORTHMALL ASSOCIATES FACILITY RAML ASSOCIATES, JOHN L. SPRING AND WILLIAM GARY BROOME KENNETH M. AND MILDRED G. RUDD FACILITY SAK ASSOCIATES WERBER-BRIGGS ASSOCIATES FACILITY Voting: 7-3 Council Members Voting Aye: ($ 650,000) ($ 1,500,000) ($ 225,000) ($ 1,600,000) ($10,000,000) ($ 2,250,000) ($ 250,000) ($ 340,000) ($ 1,000,000) John A. Baum, Nancy A. Creech~ Harold Heischober, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and Meyera E. Oberndorf Council Members Absent: Robert G. Jones *Verbal Aye May 7, 1984 I I SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ~'>'> I . 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: ~'I 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? 4~1 , I Chamar, Inc. Facility (Great Biq Greenhouse and Nursery) 5413 Indian River Road. and 5405 India River Road, Virginia B~ach, Virgir.]a Volume garden genter/outdoor shop _ (retail and wholesale of 'hotise plantE and nursery stock, interior landsc~p- ing) ...2.&20,000 E. Martin Scha:t;'a B-2 Yes No -1L- - Not applicable. 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING "-I DATE: March 8, 1984 ~:, I TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Chamar, Inc. Facility TYPE OF F~CILITY: Volume garden center/outdoor shop (retail and wholesale of house plants and nursery stock, interior landscaping) 1. Maximum amount of financing sought $ -22~!..000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 650,000 3. Estimated real property tax per year using present tax rates $ 5,200 4 . Estimated personal property tax per "~..I year using present tax rates $ 1,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 3,450 6. Estimated dollar value per year of goods and services that will be purchased locally $ 400,000 7. Estimated number of regular employees on year round basis 20 - 40 8. Average annual salary per employee $ 9,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority ''-'''-1 By IlIAJCh1;'::a"fi~- ~. I " , ;' A::. D ----r' (:::\1'M ,~_ .~'_~.., :_ ~~_' /""r t,J ,.. "" '_ ,~_" , . ;," " ,..! . . \ .~~'~~_.~.. ;,c\;\ I 'j.'~":;..-L., , ' 'v~ l- "" ....j?rl~::~::~" 16;'-::'~"= ',~\-,' ':, -;~~':...~. (:.; '"/'~' . 1\ ,,~<i '1, o~.:.. ~IG"~"" ,\ ." '... ,. ',' ;,....<!''''\';/..'.''" '. ,,' ,._H' , ",1' J":' . ,",",,,,,, ..",..'If""" ." " .. ,':' ,,,,. '~." .F..':" .".' .. )~~" k-~~:r;;~' 'oC+,- T1' <1-.gI ~ M """ eM' ~ ,~<.'" ; 663) .;, ..ii' '< t> r ~ 6'':;~. < ~ ~ .; d ~ w I '1" 'r\~" f': > ,.c,,~.,..- ..~ <;.~~~ .... ~ . \-;'i, '~..~ L ,1, \ I~ ~.; 1 Ct.lOl~ DR 4D,[r ~ ~63 /';::1 ,I'.N." . ,;t. J,,,'H,' z 'r" 0'\ 'f.;g2?" 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Q" · '0 ~ '.\: 35~ {,"t~:"~~ ~'~" )I'J ,~<.,>r r;. 0 ~'",..'"- "'. ,.._k .,... l ' I ~ ~. ~ f5! ,', ," v "P ~. ' I, t< - 1-\ ~ I '\' ' ,',' ,,V, .. ',' . '. p ", .~-,."", /- .\" ,H 4t; J ~~ ,,' '7'.9'/,' "" ~.. ~~:' ',*~(~~3) PKWY 'b ~..~ ~~ lJ 'i III ~~as"' ~., '.T..> 0" \;::.c--_oC ,10- <. / .. \ \ ",,0 " 1", ". ...,', ".$,~" ~.-"" ' ._-;/ ':.' .' %. .. ., ' ,'," .. ,'i,', ,.,_. · . r ''/ \, '" '" ",,' h " .-.' xx- "" ~ '/0., 66 ",," v", .. c ~ "i CT _.A.....R"~.O '<\0- :~ ~ A' ".. '. . ')Ii - ,... .. .. 68 ,i ;, ~~ P_;' ~ ~'....~ 'Ovs::, ' :t~ \ --'It' \\ ~~~~~~~~\~;~'~:tLI"~f'~;rt~:~~f~:"v~ 3~s"o; c,~< fr.... VI \ .<>,.~~':c _"' o~ c~ '1. e...t' \ ~~~ r~ ,~. .,,;;. . ,~ . ",.".." ...' ."," \ 1m'" ...." '" <-I~ . ". / '!l . ~,.. "2 _ ~~zt; 1". /t-~7Ocec/.<o~ 0, C, ~ PONI S cU o ~I+'~W t;- '.1\', ,> C '\ 0 ~ ;' C fl ~ s~i~"".::.tf 'l... ":~ :?;~~~~r\OGE Q<l~' ~~\) 1-/ ~ """"-- \11I000 l~\.. ... ~~, ~,(\tlE., ~<;"l<\ :t STUMPf LAKE GOl.f COURSI ' ~ . ~.,~, ~ .' o. ~ .. ~ ~" .~" ,~_. <C'" V .. ~, .,~ "j't.,.-"" j ~' \~ t-i~~ lJ~D~~rDN ~ ...,,~ r \~ '.... \~.,'_.~~!~. ,~.'""~.. ' I, , '>' "':, Of'" -- ' ,,' .. i ~i:- -:.0 """'.04(8( ~ -- [/ c <'" C},<.. O~{'..'- '+ ... / __'__ c:;. ~ ~ ~. "-. "-. ~. -...t~ .~ '1 F ,.. ,.r ~/// ~ '. ~'~h sapeake \ -i ;Z I~ ~ "-."., A r <',.}Z:",. '-..>.::.:, Ii'/J/ (Ii' , <0. ; I I " 8 A 8 ~. ~ /90 CHAMAR, INC. FACILITY RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CHAMAR, INC. FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Chamar, I , Inc., a Virginia corporation, or any corporation or partnership of which E. Martin Schara is a shareholder or partner (the "Company") for the issuance of the Authority's industrial develop- ment revenue bonds in an amount not to exceed $650,000 (the "Bonds") to assist ln the financing of the Company's acquisition, construction and equipping of a volume garden center/outdoor shop facility (the "Facility) to be located at 5413 Indian River Road and 5405 Indian River Road in the City of Virginia Beach, Virginia, and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.l-l378.l, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Chamar, Inc., a Virginia corporation, or any corporation or partnership of which E. Martin Schara is a shareholder or partner, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing I ' "~I of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach,'Virginia, on April 10, 1984. -2- . ~~'- "\ SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Hermes Abrasives, Ltd. Project Location: 524 Viking Drive Virginia Beach, Virginia Description of Project: Addition to Manufacturing Plant Amount of Bond(s): $1,500,000 Principals: Hermes Abrasives, Inc. Norddeutsche Schleifmittel Industri Zoning Classification: a. Present zoning classification of the Property: industrial b. Is rezoning proposed? Yes No XX c. If so, to what zoning classification? City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING .J1 ~ HERMES ABRASIVES, LTD. Manufacturing Plant Facility 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates $1 ,500,000 $ 750,000 $ 6,000 4. Estimated personal property tax per year using present tax rates ~ 3,750 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ N/A ......1 6. Estimated dollar value per year of goods and services that will be purchased locally $ 475,000 7. Estimated number of regular employees on year round basis $ 10-15 $ 17,235 8. Average annual salary per employee The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investi- gation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By ;(w/6J~ ~~~-- f ~\,\ '4/111\ I \~'~~ ~ ;,,, t>\.l:\~"'l ' \'\ "'~y ~;'" .'~ ...() ,O,;!' " ,,~ J:i ,~~ -l ~-.\' ..~ ~ '--~ ~, ", \ \ \ \\ \ > ~ <;/"-"1, \ ~. \t I' \ I' \\ :1 I' /1 \ \ \ '\ ~" I, 'I~~~_ / ?'-~ -- 1 PROJECT: \ Her~e\;1 bbr.asives, - L ---,~~--_.- " \" \ 524 ~iKing Drive I ., Addi t\on plant to l'1anUfac\,rir \ j:'" !/ ~# ~ -~ \ I I RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH APPROVING ISSUANCE OF BONDS FOR HERMES ABRASIVES, LTD. '-"-1 ~ WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Hermes Abrasives, Ltd. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,500,000 (the Bonds) to assist in the financing of the Company's construction and equipping of an addition to its existing manufacturing plant facility (the Facility) to be located at 524 Viking Drive, in Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on April 10, 1984. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of Virginia Beach, Virginia (the City), the Facility is to be located in the City and the members of the City Council of Virginia Beach (the Council) constitute the highest elected governmental officials of the City; and ~.I WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds, and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, and a reasonably detailed summary of the comments expressed at the public hearing, if any have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA: ....I 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. '~1' 2. The City Council of Virginia Beach, Virginia, approves the issuance of the Bonds by the Authority for the benefit of Hermes Abrasives, Ltd. (the Company), to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Authority to assist in the financing of the Facility. I ' 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facility or the Company, but, as required by Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Authority shall be pledged thereto. 4. In approving the Resolution, the City of Virginia Beach, including its elected representatives, offi- cers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal Statute now or hereafter enacted; (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. ~ Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on , 1984. -2- -, SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ?<' I ~ 1. PROJECT NAME: Thomas c. and Elaine M. Kyrus Fncility ~ 2. LOCATION: 1206 Liaskin Road Virginin RPn.ch. Virginin /.141:)1. 3. DESCRIPTION OF PROJECT: ~mmercial office unit for subsequent lease to Thomas C. Kyrus & AssociatEs Realty 4. AMOUNT OF BOND ISSUE: --S2.25.000 5. PRINCIPALS: Thomas C. Kyrus Elaine M. Kyrus ''''1 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 0-1 b. Is rezoning proposed? Yes No X --- c. If so, to what zoning classification? '"'4.' \,--i , FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING '""', Date: ~, I To the City of Virginia Beach DeveLopment Authority Applicant: Thomas C. Kyrus and Elaine M. Kyrus -.:'<; - Facility: Birdneck Office Condominium . 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipaLity 3. Estimated real property tax per year using present tax rates 4. Estimated personaL property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates 6. Estimated dollar value per year of goods and service that wiLL be purchased LocaLly -1 ~ 7. Estimated number of regular empLoyees on year round basis 8. Average annual- salary per employee If one or more of the above questions do not appLy to the faciLity indicate by writing N/A (not appLicabLe) on the appropriate line. $ 2,25,000 $ 210,000 $ 1,600 $ 3,200 $ 2,135 $ 400,000 $ -3- $ 45,000 The information contained in this Statement is based soLeLy on facts and estimates provided by the AppLicant, and the Authority has made no independent investigation with respect thereto. twit; d' . ~innan, City 07 Virginia Beach Developnent Authority ""'1' ..... : .710.000 f" r: lo.($J'($J" Joins Map 6 ~ f'j .. l.aO.UU'" . ~ \ .1 . ,\ -- \ \ , I \ \ \ \ \ i) i --'€,!~.,f_/( \ "''''" "'-~,,> ' :.1},Sa9:F\>:'~~( 37 A 1'= \"!_/'^'._--- -- -', , , \ \ , ,. ... ~ ~ '> "Z ~ (') / o (') \!=\ ~ K "a 1 fis' TypE OF PROJECT: 'tl\O~S C. l('iRUS 1\ND BlJ':LNB ~. l('iRUS 1206 ~S1(1.'N ROAD V:LRG:LN:L1\ BEl\C;!, V:LRG:LN:L1\ 23451 ~l<C:Ll\lo 01'1':LCB UN:L't 1'OR SUBSBQUBN't LEl\E ~ 't;!O~S C. l('iRUS & 1\SSOC:L1\'tBS ~'t'i. :LI ~ ~~ '. P"" PROJECT 'N1\ME: PROJECT ADDRESS: III A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on April 16, 1984. On Motion by and seconded by , the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO THOMAS C. KYRUS AND ELAINE M. KYRUS WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of Thomas C. Kyrus and Elaine M. Kyrus (collectively, the "Purchaser") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $225,000 (the "Bond") to assist in the financing of the Purchaser's acquisition and equipping of a 2,300 square foot commercial office unit to be located at 1206 Laskin Road in the Birdneck Office Condominiums in Virginia Beach, Virginia (all improvements and equipment being collectively referred to as the "Facility") for subsequent lease to Thomas C. Kyrus & Associates Realty, Inc., and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, in a principal amount not to exceed $225,000 for financing the acquisition and equipping of a 2,300 square foot commercial office unit to be located at 1206 Laskin Road in the Birdneck Office Condominiums in Virginia Beach, Virginia, for subsequent lease to Thomas C. Kyrus & Associates Realty, Inc., for the benefit of Thomas C. Kyrus and Elaine M. Kyrus, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the finan- cing of the Facility. 2. The approval of the issuance of the Bond, as required by Section l03(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the reve- nues and moneys pledged therefor, and neither the faith or cre- dit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or conse- quential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not lim- ited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. -2- Adopted by the Council of the City of Virginia Beach, Virginia, on April 16, 1984. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held April 16, 1984. Clerk -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ''''1 ' 1. PROJECT NAME: London Bridge Business Park Associates Facllity 2. LOCATION: Virqinia Beach Boulevard at Great Neck Road next to Hardees Restaurant 3. DESCRIPTION OF PROJECT: 44,923 square foot office/warehouse complex . ,. 4. AMOUNT OF BOND ISSUE: $l,~OO,OOO 5. PRINCIPALS: Kenneth M. Rudd, William P. Litton ""1 , i 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 - No --X- b. Is rezoning proposed? Yes c. If so, to what zoning classification? Not applicable. li~F.1 11/5/83 "" FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING 'hi DATE: February 29, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: London Bridge Business Park Associates Facility TYPE OF FACILITY: Office/warehouse complex '11""1 1. Maximum amount of financing sought $~~OO,OOO 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,500,000 3. Estimated real property tax per year using present tax rates $ 12,000 4. Estimated personal property tax per year using present tax rates $ N/A 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 12,000 6. Estimated dollar value per year of goods and services that will be purchased locally 2,500,000 - $ 3,000,0~__ 7. Estimated number of regular employees on year round basis 50 8. Average annual salary per employee $ 17.1500 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 Develqpment Authority ,1IlIIf"1 By I{~A'_L '.. -~~- I._II .:........... ___ -2-==-===-=--"...............~:.::_.. lJ I e Lor DON BRIDGE BUSH ESS PARK ASSOCIAflES r I P.0 ~ '; .,",.-~G't"r..c:: ,",'.,." ~ ~ - --~--'~. ~ ~ ~ ',','" """"c.." E ?g ~~C!APE HENRY B r f1,_"";s'..,\S-i; III u A ' -.r . '.' .' ~ U AY",,' ,,~. ~ ~LO,L1GHTHOUSE 22 7~~ J::';l:~A'C1I:::~;~"' ~ ;~\ l~~~~ -;.~ - ~FDRT..bRY.. ~ ~ ~\'(L ~ ~ " ~ (u.sJ"",ARMY) ~, '\ i;~""~Z""~""\"'( L"",......VEN PIER ~ ~;. ~~ O~t. 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Bl }\C~Of"~\.~\\~'y\ ~ ....()~~ ~~(J~".t\ \Ill ~'Li :'r't Erv iP:..~ () ~I- RO~~CORD tl t;-1DtJ8L~ s f ,--llf~~j 161IB'~ :~ 7e~~~Jo~ e,'f-\#\ ~ <t; ~('\ :1/, , ~ "'IO:rRO"l~ ,-/ -::!I N G (,l U i A~ Nf 'Z oI'l'{\~~ '(10"'" "o~ ~ ...,.. a Cy4;- ...... t'............ ~ ,rC"1-/ofF - c ~oooa~ __~6QO..\I'g Q:: fi;:::t t ~TI.lll~i':~ 0;9" ~~,-(,t..~ _'fI\,:>p ".])-- ~~\N T "{:\-~~~ ....!~ ( ~ i~6~:r"l"S O(J.~~: ~E~~tE.1'~~l.;'V~ ~lt. 0 DR ~ OLDS JD~AllO: ('" '1l R ~\\..\..;o I"'" ~ ~y..",\d- ~~E~ ("I Y ~ CE:ii~~O,,~s,., ~ ~ $3 ~....!\:: i-~ ~..,... y~~jr~~q,c/GEN-':WL QRE~S~~gt -~sP_3 -t74~8 ~W'( \~ ~~ o~~ 03 ,~~0....Q .. t ~ L\~'l'If>,\lf.. ~~}r"~~N leAS RD Co"t <?s> ~<"& \ vcr F'2iftv I ((0 cr QQ: "",.J 'SCr ~ Ii ~1. p.: C,- ..... .,... ol,)~ A ~ 1< ltotJf\~ q. _ ~ "?- 'j. '" -.~~ ~ _,'i '" r;,0R-1...(: - ""V; FM. t.lA\~ o"fO" ~ (' 0 , ~ ~ "'-:. ~ ,,\(,~\ ~ S SPIGEL ~ C'IIt 0. f<,.'7 ~ . _Y r .:-Yll.... .... "I<' ..\\ fl.' '1'4000 'ltll.p.\" ~ 10 ..L tii ". ~ C J. f>, ...'\ a > DR 2' ~ ~'4> ~ '- Olt 0 d 0 0 - A "Q ~ _Ct~~c,..,r( ctlE ,.. '" , C)(~ 4 G\LBE /I. PICKETT &~~s:j. : ;5 r.o <j \ "" "l (' C, 'T 'f.t\o0 1 ",E Il,? ~.... ~(: <" 11, ClR CIR N ~ C tR Q:: ..J f5 '" ~ "(..>> 0 "" c=' ~ G. g .;...\.. ofI "[NIlU PL_ -1) O~ n A~-t, ~ v. "",0 ~O(".s JO~C~I'IS"-O ?-)>.NT4TI~ t;:E: ~;p ~~ ~- 1~"" IuQ' tJE~ ~ ':U 0-1)0 ~V. ~~ ~'~ c""" EARL" Rt"AND N ;;; ~ . ~'8'% SEE INSET'E1o ~ ~ c,,:1> ". '^' W ~ L U ~ ., Cl I' ~ ~ -[~- d.f (I fO l..N j;,~ S. S9n:>QIy B ~~~ (0;' \ RO:t p ~ \ ~ ~ACHT ClUB~ .... "\~ ---;1", ~ : ~ ,~'?;~ 110 t ....v-O"'1-~ q8;;~fv~~~S""-4 RITTrv'r ~ WOLFSNARE ~- \"''''t>\~.( ~~'Z ~v CD~ti ~o \ ANGER f...-t&fl~_~ 'ou ~:t>- G' oS' t. :~ 4. CJ ... 0...... -9 l> b - Z.t:--~N ~~ '- _ ..J., ~ 11 .. ~ Irfll~'c:r. 0 ",t,((J. ~ ~iu ~<t ~1-oS'~'% ."'....l.,,.,...OGb c.i ....'&<.>.0.<; <:> J~_I/tf~l.~~~ ~'\-. F ell::'o Df'6:4"'~ s 1ii fl ~,(I... l..€. _ )!::~_ Of"'~ IN {<\ ~ v~...J ZOR RED ROBIN FC # i~ ~. ;~; :?"'r-o,...~~\l' .f (",. S'j" .:~'~~%C~1'i"'~f' ~ f'~, (-X<....o!tll- ]I 0IIl "tILN\'t.t~'(I\~\'~ uREl. z~ ~ 'VI! f'E-flll: pit", ~ ~. . T t"( I: ~ 'l-Q t; .co. :'Y DI-1'<q~Jt<O <( MAS <?. f'\ ~&1'1" ~ Bl'I:i'8\~ f~ ~ ';'>"1 e I..IiIC~ lc,.tt"~..J ~"'.q....,c--, 0r! <{r I~e-~ C~O~~ ~ +,,~ ^ EVEL"0 i. ~t.\ MnL~l~ ~ ~~:NGrI 't~-Q.. ~~: ,. <II ;(Q.Il' ~O~j ~~.q"i> '" ~ ~"r4YL~ 1-~... ~ ''''o~CJ R~LN VICf ~ ~ ~ ':'jg J~::t LE ~ .b ~ ,"F~~"g!~~f;;: if/' ~s>>,..~:~..~""RDS >. ~ }i 0 i~ o,;'>,,,,~.. '", ~ ..AD"" ~ ~" "~> I'rl:~. ,~--..... I _, 'LFO . (, -\c -'lliC'....-=.jW.T~Ll~~ ..... E <: It:' ~ "'1'>:"'~}Oo>> ""'~ '-'- '-l' a ~ R 0 REVNArtOO1'l -r-II n \ 1. ~ ~-~~. B\~\.. LN,,~"" Q ~11('"?" 1:'" ~1>: 0~ Al~( (~~#'-J. 4" .,.q% "fg{\'\,\L\.i:Of!. l>tl!.~f'E~;!E I'EAU PAfffLI!TCT ~v".l1'lD. r:::::.-'1-\;:: y 'fi;,...~~'/:;,t~v~~~c~ "i> '\t,b~~1~GR~~;~ ~ ie ::1-~; ~;~ '~/'\"I..~ pO i~C.CH ~LL~04DT ~ ,..:::::: " ...J-.I,?q;#,~ 1>:f.~U~Dl~OfJr:r-8 ~ if ;gs~~'S "'&. c..s ~~J q Jft ~t)~~ ~ =-....l~ Ll,".~'~'(1::\' ,..p~ ~ ll~/s,?1f''VGS ~~OT"~orlt" . Us'#- LIIl!.La. -nI<"'O II ~Y:~~r.J..~r cr. 0 S ,.,,:--,,:, C ~~~ \ Q" (. ~ 0 ~/f''''''GS Oeo 'I1t:!!. 0 ""-';""'.-~ ~BL!lIP SINA...J ~!I..J ';;A, V' 1 {-' '" . 'l- ~,""" co .~ "cE. II 2 ji ajt"i: ':S ~ Z ",':',Y/rTr r......fJ.:c;;;. '~;r ""~' ~.. . JJf' ,.< <',,.' < ,.~~ '~v :;...J >- IJ::...J Q:r.!I \ll VIl.~ V j' ~'" ~~J ~"f (~." ",!'I'{.,J~ i;, ill "Z~~.44~ eA ~ 'i\R~O'D.. !R~86 M'CH',",N Av o!~~'r;.'I;iEl~I~~zi~U8S~441:~ '. ~\J"':M''4 CT ......~tt <Il _] ~I ( If ~ ~\ t>.'i RO V N ST 4iS E ~ ~~ a HIO AV Q; w c:ti{i ~ ~ ...J .J L~ALY.. ~'^ ~~~I'>. ,c. ~~j PlNE8' 0 ~~ (j R~N Z ~ t>.'i~ :;) COMMERCE PKWY EGO DR r A,." A A\l 'P1't!~ ~ f5 ~ ~ LO~;~:A :/"',,", f>;. ~~.. ~ . --.. ::0 w~~R-:;'c;;:. SOUTHERN q ;IJ to. 5 STREAMLINE 1- ~ DR 2,\~ '2 \Utt~I'fCRK AV ~ 0: N::I 0.: Mum u ....( ,," ~ -. ~H. O(3Q9Q! ~...J+4: %~1l.>p. '9 !,.~~D-~~ ~~~lit'JNORFOLKsouTHE'!N If. ~{<\. HERN Z ~ l; 8 ~t; SOUTHE""'A,.t"~ 1..': '$~ ~'l:::'..:fQ . D, 'It. ~{on __ . . BLVD ", c.."'~ ~ ~~\ q~1. 13'..,J-; ^.\~" o'~J~ ?Q\\t.\\Slft~f"~~T .;~..;;-.JJL-- ::::~~ ~~~i"R'r)'T \ ;\ VO';'REJ~. .:" ~"':: ~t4~, ~ r..":> d "7/ T.~:J ~I~ :~ ~oel.8r;L j) c;. B ..J ~ ~(J) PETE'---..A~' A 'I'C.0.. ~ ~%<;d' 3 ~ ELON ~E:~ 1 ST ~ ~" :r; 8t. . I 0 euRFO~ 0' ,~ ... , \;~0~ "Y.q-9~:~-1..~~Vy . ~ ;r:j.LON~T ~ ~~~, ~.., J BE~TlF~L s!-$!ft. cGANN . ~:;: ~ ., I .6"7<<"....~~",.~~~ 'NDlIsr"'L <'486\ ~ru"t Nf. PARI~. ~ORR I ~~ .~<1' 'f51.1. ~ \~ ~Ll l~~.B RJJL.;~".,~, '.'. .~'.;" fi"''''(. ~ V '1 DEV. MJTH, ~, ~/'~.-"--:-". ,~ ~ ~" 6 z ~ CJ 0 :.t:ST ~e.tt ' ;m" . v '"' 5 OCEANA q- J' ".., ~ z ~>u " ... "bl':~ Sr ~.. 001 I In, a 'MINI BIKE OCEANA Oif r<' r'1\.<i :::IL a,,," ~~ r.t.tr-R ~. ~ ~ j &l 6 ~ PARK \ ~ ~ ~lN ~ELo.I~CI f-~:~:' ft ~, X05\ cr I NAVAL . >" r ~LN .N I'c; ,Y. ~ 11 i __ hill ~ AIR STATIO ,p, ~. r R' ~N v ~d.:~'::'~'."" A'~~P c' lJ/tfflC BD~ \ /8 C) .~ CR~L~ oQ ~ N ST. ;0. " 42 -/ 632 \ b LN 'Z.~;:(\~+'.~ · LINTERil1TIDr'AL . h . ~ ~ ~::~~ ~16% s 2INN A~~' MALL \))~)- \ B;:"L:- _~ ~ '>",s"~ ,;,,' ...". Z If "~ 450 ff_ .- r>.Gr'1'" REEN:"I.... \ B :;,.< !:]j .~ '"' v \ '.. r,I;.'\I:::"~;:,,ti~~~{ \~~ I~ I..' ~ ~.L 1~~'~t?'~~d ~, '\"',oc.,~ ~' \' f'L~ .e .,. ~. v " · V'1i~'''' ~r \~~'j~~i~.~\;:::-~<T^,.; .'~~ -.,.. , ~ ;.." ~"" . n / _ \\1J.~~l~ N B A B y' -- North t, / I I RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR LONDON BRIDGE BUSINESS PARK ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of London Bridge Business Park Associates, a Virginia general partnership, or any corporation or partnership of which Kenneth M. Rudd and/or William P. Litton is a shareholder or partner, (the "Company") for the issuance of the Authority's industrial develop- ment revenue bonds in an amount not to exceed $1,600,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an office/warehouse complex located on Virginia Beach Boulevard at Great Neck Road next to Hardees Restaurant in the City of Virginia Beach, Virginia, and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of London Bridge Business Park Associates, a Virginia general partnership, or any corporation or partnership of which Kenneth M. Rudd and/or William P. Litton is a shareholder or partner, to the extent of and as required by Section 103(k) of the Internal Revenue , I Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section l03(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on April , 1984. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND .~,,'I 1Il 1. PROJECT NAME: Northrnall Associates Facility 2. LOCATION: Northrnall Drive Virginia Beach, Virginia 23452 3. DESCRIPTION OF PROJECT: Shopping center. complex - 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: Alan Nordlinger Alan Nusbaum Robert M. Stein Edward p. Stein '1"1' Arthur H. Stein Barbara Fischer 6. ZONING CLASSIFICATION: a. Present zonin9 classification of the Property B-2 b. Is rezoning proposed? Yes No X - c. If so, to what zoning classification? I'M]'> ... ~~vl 'lIl -- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL. REVENUE BOND FINANCING '.1,1 " Date: March 12, 1983 .' To the City of Virginia Beach Development Authority .' '~'"'' Applicant: Northma11 Associates ~"'/' ):~~':'..:~'FacilitY: '. ::Northma1l Associates Facility 1. Maximum amount of financing sought $ 10,000,000__ Estimated taxable value of the facility's real property to be constructed in the municipality $ 10,000,000 Estimated real property tax per year using present tax rates $ 80,000 Estimated personal property tax per year using present tax rates $ 50,000 ~ Estimated merchants' capital tax per year using present tax rates $ 25.000 '" ' Estimated dollar value per year of goods and service that will be purchased locally ~ $ 20,000,000 Estimated number of regular employees on year round basis Average annual salary per employee . ~!~~~~~:: ~~ one or more of the above questions do not apply to the facH i ty indicate by writing N/A. (not applicable) on the appropriate line. $ 500 $ 15 . or..o 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._ ., iwlf.~~J' Olairman, City of Virginia Beach Developrent Authority !IIVI' , - . "(-~~:"'..' . . r\ 00 · .1./\0.0 a t <,~ H ~ t'.\ '" t:: '(5 "-) \ \ I , , ---- 'l'IIF'\' JEC't PRO JEC't PRO N~: R"EaSS: 1\OD ~'tES SOCl :t. ~S NOR't~ DRIvE ~L E1\CU, NOR't N 11\ B "IRGl CEN't"ER pING SUOP IN 11\ "IRG "Jl'OLE~ COl.'Uo 23452 EC't: PROJ OF 'typE A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on April 16, 1984. On Motion by and seconded by , the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO NORTHMALL ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of Northmall Associates (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") to assist in the financing of the Company's construction of a shopping center complex containing retail stores, restaurants, movie theatres and office space (all improvements being collectively referred to as the "Facility") on land located on Northmall Drive between Oceana West Industrial Park and Lynnhaven Mall in Virginia Beach, Virginia, and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution of intent approving the issuance of the Bonds adopted on September 2, 1980 (the "Resolution of Intent"), a copy of the validation order entered on January 6, 1981 in the Circuit Court of the City of Virginia Beach, a copy of the Authority's resolution ratifying the Resolution of Intent adopted on April 10, 1984, and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $10,000,000 for financing the construction of a shopping center complex containing retail stores, restaurants, movie theatres and office space on land located on Northmall Drive between Oceana West Industrial Park and Lynnhaven Mall in Virginia Beach, Virginia, for the benefit of Northmall Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the inter- est thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or conse- quential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not lim- ited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. -2- 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on April 16, 1984. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held April 16, 1984. Clerk -3- SUMMARY SHEET f~1 " CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: RAML Associates, John L. Spring and William Gary Broome Project Location: 513 Viking Drive Oceana West Industrial Park Virginia Beach, Virginia Description of Project: acquisition of a certain parcel of land containing approximately 4.5 acres and to renovate and equip that certain 81,000 square foot warehouse building persently located thereon with related office space for subsequent lease to tenants Amount of Bonds: $2,250,000 Principals: RAML Associates, a Virginia general partnership, John L. Spring and William Gary Broome Zoning Classification: a. Present Zoning classification of the Property 1-1 b. Is Zoning ProfOsed No c. If so, to what zoning classification N/A ii' 11/5/83 '.......1 ' FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: March 14, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: RAML Associates - Spring - Broome TYPE OF FACILITY: Warehouse 1. Maximum amount of financing sought $ ~.z?50,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 2,250,000 3. Estimated real property tax per year using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ (to be added by N. V. Spring) 5. Estimated merchants' capital (business license) tax per year using present tax rates (to be added by N. V. Spring) $ 16,000 6,600 6,100 6. Estimated dollar value per year of goods and services that will be purchased locally $ 10C]., 000 ___ 7. Estimated number of regular employees on year round basis $ 60 ...., 8. Average annual salary per employee $ 10.500 Last year.sales $6,500,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By t?W~I~~_ ,r" , . ...... ,... .. ... ..... " ..... , I : ' , ' ' I ~'\ ' ',. ~ 1 , )"<t. ' i ,r- I r:'- ~ . · \ '\ ' ..),., 8 \ ':,.. I d)Jr. . 1 ~," ~ \ '~-7~\\ ) . ,;-- \ \ ,"- \/" I _;::- '...L~ ,-0.,\-''''' ....__y-. ~.. ..-.....,. ...-..-.. ....... .-:/, ;'><__ I." 1 '. d .c./ .!:( \ /. "..' '"', ./ .-:: ' I // J". I j .... '- '. . /,__,,' .f .-:.,:: '-J I 7 ,;_ -.;,., I :. /i ". '.i... \,; I-I .-;;.. I , ; . / .' . - '. ..;._ I . , .. . ." ". .-:;' \ , '. :". .-;, I (. . .', "f',;.' \ \. ..... , .... .-;, \ \ . " >. ....;.. .... \ ,'0;',;" ..:,- \ . \. , . ":~';/~"~""" ,.;;,{ \ ;) .' ." ,,:/ \ ..'- /.:.., :..\~,..>;;/ \ \ --------~-- '. . ---,;.---------'--.------------ .-..---;-. '. ., <\, ... '. :~T~;'< ~'.'.,~l -.. .... ",':.,/. ,;/ .. \.) .:'" . --- - ...,.~"..---- --., ....... Y:... 1-\ \ .- , R':8' 1 " C>. \ "'. ~\ . ". . . ..: ..,..: "..,.,'~ - '--/'"' .~";~. ~".' ._.~--':;;;..,:,(:-,,,,, :'.. "."~ / . . ... ............: .:~.! R.e ". .. ..... t ~ ...#tw. , , , " , , } r' 1 \ ---' ,. y to.. \ 1-.:.. ~ . . \ \ \ \ \ \ \ \ "t. '. ~;~ \ I .I : I ; I I "- I I I , I . f I :, \ . ' , ;'. ' \.\ . , .... .' I ' , '. " .'. .f. 1 · , ./':%:,.~ \'\.. \ \ ...., . I I ' '01 .' .. ,:(-. J . I \ \'.:r/ 1 \ \ \ . -t...'-. . 'I \ " I' \ "',"" .. .'., ,;_., . I ' .. . ,'" - -----------~..-_.--_. -'" ..~---......-~~~--------- -< ' . .\ .,. __ _ , . \ I .. ,~.." ..... I . .. 1 1. . . : .' " ....... ., ~ ~c ..,,;..... . \," .' , .'" '.. .' ..." ' , ~ .,' fl'(....'.~. .. /Of" ,. . ~. '. ." " ,. .,. ".\>", . . ""~~~'< Alp'SOC ia,t'~~ J.6hn L. / '~'. ." ':.::...,1 .:." '''..;..~~ .. .' "'+. :1'.1 '. . ",~~ .' ..~<. .~\ ./ ... .~, , .... ,. ~ML .. .~ :~::::;,,:: ""~~;::,~,... ...... .' .,/ i ../ , ( /. , I ; I .. J .~ / .r' /. .... .,. \ \ \ \ 1-\ . . .~. N" .. " \ " .:". _,.J. .;...... ~ ~ '. .~- --~------\...~\ I ,..\ I .. /.... / ~ ,'. " -PO"'::" 6\~ \J\\I.\~ ~. \ \ \ \ \ \ \ \ \ \ \ \ ....\ 1-\ 1 I \ l '. .,..... ... G. Broome .' \ ol ~ ./ A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 16th day of April, 1984. On motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (RAML Associates and John L. Spring and William Gary Broome Facility) WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of RAML Associates, a Virginia general partnership, and John L. Spring and William Gary Broome, as tenants in comon (the "Developers"), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,250,000 (the "Bonds") to assist in the financing of the Developers's acquisition of a certain parcel of land containing approx- imately 4.5 acres located at 513 Viking Drive in Oceana West Industrial Park, Virginia Beach, Virginia, and to renovate and equip that certain 81,000 square foot warehouse building presently located thereon with related office space for subsequent lease to tenants (the "Facility") and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia, (the "City") to approve the issuance of the Bonds to comply with ~ 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority in a principal amount not to exceed $2,250,000 to finance the acquisition of a certain parcel of land containing approx- imately 4.5 acres located at 513 Viking Drive in Oceana West Industrial Park, Virginia Beach, Virginia, and to renovate and equip that certain 81,000 square foot warehouse building presently located thereon with related office space for subsequent lease to tenants for the benefit of the Developers to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by ~ 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Developers, but, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City, including its elected representatives, officers, employees and agents shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue Bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of Bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on April 16, 1984. I i I II SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND j,~ I 1. PROJECT NAME: Kenneth M. and Mildred G. Rudd Facility 2. LOCATION: Interse9tion of Jack Rabbit Road and Donna Boulevard 3. DESCRIPTION OF PROJECT: 10,000 square .foot office/warehouse . complex 4. AMOUNT OF BOND ISSUE: ..ll2.9 ' 0 00 5. PRINCIPALS: Kenneth M. Ruck). Mi 1 a rea G. Hnaa 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? - No ....1QL Yes c. If so, to what zoning classification? Not applicable. "I ' 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING III'J'! t DATE: March 1, 1984 It#-I ' TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Kenneth M. and Mildred G. Rudd Facility TYPE OF FACILITY: Office/Warehouse complex 1. Maximum amount of financing sought $~!.QOO 2. Estimated taxable value of the facility's real property to be constructed in the municipality $375,000 3. Estimated real property tax per year using present tax rates $ 3,000 "..,.: i 4. Estimated personal property tax per year using present tax rates $ N/A 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 1,200 6. Estimated dollar value per year of goods and services that will be purchased locally $750,000 7. Estimated number of regular employees on year round basis 20 ..' 8. Average annual salary per employee $ 17,500 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~ti~-d=~ ~. , " M. J MILDRED 2,740,000 KL H c o 76'00'00" I H RurD .....,..>--? E\~~ ',..__...,A,... ...-...... ......-......... S_8IE ~ ~ ~ ~ Z ~--- l--4, ('") ~= =~ II' "" "" o ('") ~ ~ ~ -- ~-- "gi'lir nrra ~~ c:: ~~ \Ii~ ~5 K \ ~__n \- I \ USCG !Station Va Beal Fi ;hing --"- - Z'J~ii-i -1/ '" L- o .. 1000 E::"~ Scale For ~~~~ J nt'M~e~l y, - Scale In Feet 4000 2000 3000 I SC~le For Maps 32 thru 39 Scale In Miles 2 5000 [ - o y,...... E: ':::L..'- ...... Scale In Feet 10,000 o 5000........... __ I -- -- -.. h 10000 foot g';d based on d the neathne Indicate t e , nl., lumee,ed ticks oulol e Ion 'Iude Vlr~ ! coo 'dtnate syst;m. fhe nea!bne Indicate latitude and ~ , "'e'..: ,rnb{ eo ticks Qu,<;lde C U 2,730,000 FT = -r: 3 G II RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR KENNETH M. AND MILDRED G. RUDD FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Kenneth M. and Mildred G. Rudd (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $250,000 (the "Bonds") to assist in the financing of the Company's construction and equipping of an office/warehouse complex located at the intersection of Jack Rabbit Road and Donna Boulevard in the City of Virginia Beach, Virginia, and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.l-l378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Kenneth M. and Mildred G. Rudd, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant i I to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on April , 1984. -2- , I SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 1h I 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? SAK Associates 1206 Laskin Road _.""- .... ..,-:' " . Norfolk, Virginia-23451 ~ercial office unit for subsequent. lease to various professional tenants $340,000 George T. Stagg F. Patrick Kavanaugh A. G. Alexander , 0-1 Yes No X -- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING Date: To the City of Virginia Beach Development Authority App li cant: Sak Associates Facil ity: Birdneck Office Condominium' 1. Maximum amount of financing sought $340,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $290,000 3. Estimated real property tax per year using present tax rates $ 2,300 4. Estimated personal property tax per year using present tax rates $ 3,600 5. Estimated merchants' capital tax per year using present tax rates $ 1,800 6. Estimated dollar value per year of goods and service that will be purchased locally $1 3 0 , 0 0 0 7. Estimated number of regular employees on year round basis $ -3- 8. Average annual' salary per employee $ 12,000 If one or more of the above questions do not apply to the facility indicate by writing N/A (not applicable) on the appropriate line. 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. tw~';.tt. . Chairrran,' City of irginia Beach Developrent Authority -. ~{ Va B fish T~pE OF PROJECT~ SAl<. ASSOCIATES 1206 V-Sl<.I"N ROAD V~RG~N~P. BBl'Cli. V~RG~N~P. 1.3451 CO~RC~P.L OFF~CE UN~T FOR SUBSE~ LBl'SE TO VP.R~OUS PROFESS~ONP.L TEl t ~~. PROJECT "N1\ME ~ PROJECT ADD~SS~ A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on April 16, 1984. On Motion by and seconded by , the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO SAK ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of SAK Associates, a Virginia general partnership (the "Company") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $340,000 (the "Bond") to assist in the financing of the Company's acquisition and equipping of a 2,955 square foot commercial office unit to be located at 1206 Laskin Road in the Birdneck Office Condominiums in Virginia Beach, Virginia (all improvements and equipment being collectively referred to as the "Facility") for subsequent lease to various professional tenants and has held a public hearing thereon on April 10, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, in a principal amount not to exceed $340,000 for financing the acquisition and equipping of a 2,955 square foot commercial office unit to be located at 1206 Laskin Road in the Birdneck Office Condonimiums in Virginia Beach, Virginia for subsequent lease to various professional tenants for the benefit of SAK Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the reve- nues and moneys pledged therefor, and neither the faith or cre- dit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or conse- quential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not lim- ited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted: or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on April 16, 1984. -2- I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held April 16, 1984. Clerk -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: WERBER-BIGGS ASSOCIATES FACILITY 1Il"1, Project Location: 2.96 acre parcel fronting on the east side of Seahawk Circle, located approximately 200 feet south of the intersect ion of Seahawk Ci rcle and International Parkway (a/k/a Parcel 51 Oceana West Industrial Park) Description of Project: 26,000 square foot office, showroom and warehouse building, together with related parking facilities Amount of Bond(s): Not more than $1,000,000.00, pursuant to a two phase plan of financing Principals: Richard A. Werber and Steven O. Biggs Zoning Classification: a. Present zoning classification of the property I-I b. Is rezoning proposed? No c. If so, to what zoning classification N/A '...., I ' FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA Pi""'! .. PROJECT NAME: Werber-Biggs Associates Facility TYPE OF FACILITY: 26,000 Square Foot Office/Showroom Warehouse Building 1. Maximum amount of financing sought $ 1,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 600,000.00* 3. Estimated real property tax per year using present tax rates $ 4,800.00* 4. Estimated personal property tax per year using present tax rates $ 2,300.00* 5. Estimated merchants' capital tax (e.g. business licenses, etc.) per year using present tax rates $ 54,000.00* 6. Estimated dollar value per year of goods and services (including professional services) that will be purchased locally $ 172,300.00* 7. Estimated number of regular employees on year round basis 10* 8. Average annual salary per employee $ 16,000.00* *NOTE: Estimates based only on phase one of Facility, conta ining 13,000 square feet, during first full year of operation. 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. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By ilwl1.,W' Author' Chairman mh.g fis.wb.c SUBJECT, PROPERTY OF: WERBER-BIGGS ASSOCIATES, AND DESCRIBED AS pARCEL It 51, OCEANA WEST INDUSTRIAL pARK, VIRGINIA BEACH, VIRGINIA PROPERTY CONTAINS APPROXIMATELY 2.96 AC FRONTS ON sEAflAWK CIR., APPROXIMATELY 200 FEET SOUTR OF INTERNATIONAL pKWY. ,..-...-._~---------- - ,. /~~. " " " \ \ ' \ --' .-' .,' ___ _.-1-\~,,\ \ I ' .',..-i- ..........l ,__------ I ' \ \ ' \ \ I \ I \ \ 'L'~~~' -\ :.-;::=c- ...-.' ~,':~ \ \ \ \ ,\ . \ \ \ , ,\ \ \ \ ..- .......-.y-. ,,_., .-..' - .' \ , \ I \ \ '. '- _.~- -- ....--;:.;:;.,,;.:.- - ~.:- ...' .--'-- ....-------- -~- o t-\ . . ,.....""'~~.. ,___~..f1'II".." ..,... .... - " -. ... .. o .. ... 1-2 Sf. :\ \AI . \ I , I I I I I I I . . . . \ . . , . . . . ~'~......... .. "- ~ ,~# ... .-- ~ 5UBJfC\T \ , .,~ . . ; ; = . \. .: " " " " ;:; ;; ..:;; " = .. =' jo" " Y' . . \ \ . \ \ \ \ , I , I J I J --f- a , , , I ,.,.,..,.". , --' .-- \ , , \ \ \ \ , . I \ \ , /" VICINITY W\? wERBER-BIGGS FACILITY OF: ASSOCIAT~ --- .. - , " " I, t~ ~. -." '-, ~ ~.,~~ ~_____~:. -t' RESOLUTION OF CITY COUNCIL APPROVING THE PLAN OF FINANCING OF WERBER-BIGGS ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, whose address is 401 Lynnhaven ,." . Parkway, Virginia Beach, Virginia (the Authority) has con- sidered the application of Werber-Biggs Associates, a j''''i Virginia general partnership, whose address is 103 South Witchduck Road, Virginia Beach, Virginia 23462 (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,000,000 (the Bond) to assist in the financing of the Company's acquisi- tion, construction, furnishing and equipping of a twenty-six hundred (26,000) square foot office, showroom and warehouse building, together with related parking facilities (the Facility) on a 2.96 acre parcel of land fronting on the east side of Seahawk Circle, located approximately 200 feet south of the intersection of Seahawk Circle and International Parkway (a/k/a Parcel 51, Oceana West Industrial Park), in Virginia Beach, Virginia to be owned by the Company, and leased to and operated by Gahts, Ltd., a Virginia corporation, and has held a public hearing thereon on April 10, 1984 ; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City) to approve the plan of financing, to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia of 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a reasonably detailed summary of the com- ments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: - 1 - tW'1 ." 1. The Council of the City of Virginia Beach, Virginia, approves the plan of financing by the City of Vi rginia Beach Development Au thori ty, for the benef it of Werber-Biggs Associates, a Virginia general partnership, whose address is 103 South Witchduck Road, Virginia Beach, Virginia 23462, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the plan of financing as required by Section 103(k), does not constitute an endorse- ment of the Bond or the credi tworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Common- wealth, the City, or the Authority shall be pledged thereto. ,a.-I 3. In approving the Authority's resolution, the City of Virginia Beach, including its elected represen- tatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other pro- jects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allo- cate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute - 2 - now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on ,""'CI '", 1984. mh.g r.wb.c '.....1 - 3 - , I - 16 - Item II-I.2.a. RESOLUTIONS ITEM # 21829 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED the authorization to advertise the following: NOTICE OF PUBLIC HEARING ON PROPOSED HOUSING REVENUE BOND FINANCING BY THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO ASSIST NEWTOWN DIAMOND ASSOCIATES TO ACQUIRE, CONSTRUCT AND EQUIP A MULTI-FAMILY HOUSING PROJECT IN VIRGINIA BEACH, VIRGINIA, The Public Hearing will be held May 21, 1984 at 2:00 p.m. in the Council Chambers of the City of Virginia Beach, Virginia. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones~ Robert G. JonesfW. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye I I - 16a - " NOTICE OF PUBLIC HEARING ON PROPOSED HOUSING REVENUE BOND FINANCING BY THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO ASSIST NEWTOWN DIAMOND ASSOCIATES TO ACQUIRE, CONSTRUCT AND EQUIP A MULTI-FAMILY HOUSING PROJECT IN VIRGINIA BEACH, VIRGINIA . I " Notice is hereby given that the Council of the City of Virginia Beach, Virginia (the "Council"), will hold a public hearing on the request of Newtown Diamond Associates, a Virginia limited part- nership now being formed (the "Purchaser"), for the Council to invite and encourage the Portsmouth Redevelopment and Housing Authority to exercise its powers to issue its housing revenue bonds to assist the Purchaser in acquiring, constructing and equipping a multi-family housing project consisting of 120 housing units and associated ameni- ties (the "Project") located at the intersection of Newtown Road and Shumey Lane, in Virginia Beach, Virginia, which Project will reserve at least 20% of the housing units for persons of low or moderate income. The public hearing, which may be continued or adjourned, will ,.....1 , be held at 2:00 o'clock p.m. on May 2~ 1984, before the Council, in the Council Chambers, Virginia Beach Municipal Center, Virginia Beach, Virginia. Any person interested in the request before the Council, the issuance of the bonds or the location or purpose of the Project may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA May 7, 1984 I i - 16b - CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND .'1 , 1. PROJECT NAME: Newtown Diamond Associates 2. LOCATION: Intersection of Newtown Road and Shurnev Lane 3. DESCRIPTION OF PROJECT: 120-unit multi-famil~ residential . rental project 4. AMOUNT OF BOND ISSUE: ~to exceed $5.000AOOO 5. PRINCIPALS: Anthony Genovese Jerome Perl man Jeffrey Kramer Edward Kramer Richard Kramer 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? j.,;<"1 May 7, 1984 , I ~ :~~~"... '"ilUli!Sll !.... ~f ';J.'J~""" ~ ~ ~, .'iJU f .I'~~ ~\ !reo 1 I ,,_,.l ~l,\.''''I'I~III] \ I " .. ",",, .. .' J .....;;,... - N i/f" ".-- 1....1 f~1 I'''''' Address Intersection of Newtown Shurney Lane Road & :,,,,!(.. I.' ,. " 't ~., ,,:. ~ 1':'. ...' \\~ l'i \. /' .1\:"A \~.. ~',,~ ':,,:)\'.i;~' II ~,~'ftll ..I' ,,~\\\~ ...""",)\,1 .'....\1\0\. . I~ \\ !. '4.t'''''''J., -':"~rff-:I~ "'j ',: ,',',' r, ~ \ ..,,'" t.\\\l~' " . ). OK',m'JlVIII,.~. . f~ ~ ,.",HIlII..", :}. "."'11 \ .I"'~" tit",) "l'. oftt /~/'/:'!./ '..~ 'C' \ if" ,'~(':, ,,: ,-;:" ri'J. "f,';1 .,'/, ~~''''.~, 1(."11~"'\J.; ,';.. '1,""1: t U"J ,,, '"" .,'''' .... .c"..,~.~~ " #t-iil/IJ"" .. K,mply,(I, -,~'" ...~.,. tiS ,"'Ib,kl,..~.h .: '; '\ "'.\', AI., J "":"'1'". Project Name: Newtown Diamond Associates T.ype; 120 Rental Units '.. ~,., . ( ,"' ,. lIllI., .- .' ,;"7 ;l~ '.:\l\....: ..y. ~::r :.,I"""''JJ~''?'. r '. :I')f '_\,: '., \,- ~::.." I(~",p' .. '~1.'.' ~ f. , ~ .,. ,,111\ II '~".avl\. , I"" ....lull'''1 .t~1 ',::- 'I .'J" ," "I ~ I · " 'I'" i'~' "",," ,.~....,..~ """, It';'l<II~' 1 Kl....' !1 j ",...",.;/,,,,1"',.. :'_, ..,.".'1 I ~"'~' 'i.~' I <IN , . .I'd .'1:1, ',. "1 ~.. ".....J....,.....2Io.,1'~/f' f ff ~ '-. .fJ , 'I II 1 . I'" \<f, r .... ,ft\ ..,. lot IJ /fl, U "11"' "J ' 1/ If, !"'.I"..j .. ". "It I,.'" .'li' 1,"4, "I, I. ""'" ,..,1. '4...1,. I' 'Oi.]I.... " "',', ,...'\ '".''' ':. L i..ll i ~ ..\f ',,- .',1,,,, ~! ..1 i," fl. ~: ~:: '~:,," ::; 'r~II'" "'''41 " ~ " 01 u . >1 I' ,(",.., ... '''''''''' , ."'+"1 i,'1 , ii' I "h. lt4"i'I""""f;,..J/ , II - 17 - Item 11-1.3. RESOLUTIONS ITEM # 21830 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council ADOPTED a Resolution authorizing certain Sand Grading Acti- vities at SANDBRIDGE BEACH due to an Emergency Situation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 17a - A RESOLUTION AUTHORIZING CERTAIN SAND GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION WHEREAS, pursuant to S 44-146.13, et seq. and subsection 3K of S 62.1-13.25 of the Code of Virginia, as amended, the governing body of the City of Virginia Beach may declare an emergency for the purposes of authorizing certain activities on coastal primary sand dunes in order to protect the public health or safety without said activity having to be reviewed and approved by the local Wetlands Board; and WHEREAS, the permit process for authorization by the Wetlands Board for sand grading activities on coastal primary sand dunes generally involves several months; and WHEREAS, the beach, shores and sand dunes located at Sandbridge Beach have seriously eroded causing a hazard to the beach, shores and the property adjacent thereto. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to S 44-146.13, et seq. and subsection 3K of S 62.1-13.25 of the Code of Virginia, as amended, an emergency is declared on the sandy beach area east of Sand fiddler Road at Sandbridge Beach and the City Manager may issue sand grading permits pursuant to S 6-13 of the Code of the City of Virginia Beach to conserve and protect the beaches, shores and sandy beach areas upon proper application therewith. This Resolution shall take effect immediately and be effective for 30 days after the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7 day of May , 1984. DSH/re 5/1/84 (RES.3) /';..~: -" _.~-'''' ---_....." :" p .''\ ,,-' ~)~~:: -':..' '"":"'\C~ ...._-. .~..,-". - . . n '~: ~ ,:,':: pO .:.Y May 7. 1984 Iii II - 18 - Item II-J. CONSENT AGENDA ITEM # 21831 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8~ 9, 10, 11, 12, 13, 14, 15, and 16 of the CONSENT AGENDA. *Councilwoman McClanan registered a VERBAL NAY vote on Item No.8. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 19 - Item II-J.1 CONSENT AGENDA ITEM II 21832 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED a Resolution designating AARON PARSONS as: FIRST CITIZEN OF VIRGINIA BEACH Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, R'Jbert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry M,::Coy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 " II - 19a - AARON PARSONS 1983 FIRST CITIZEN OF VIRGINIA BEACH WHEREAS: The Virginia Beach Jaycees annually select from 'hundreds of thousands one citizen whose contribution to the City has been outstanding and worthy of being designated: FIRST CITIZEN OF VIRGINIA BEACH WHEREAS: There are many citizens whose unselfish qualities are worthy of recog- nition; yet there are few whose lives touch so many and for such a long period of time. More than forty (40) years of dedicated service and volunteer efforts have added benefits of our citizens and increased the values which are so impor- tant in the world's largest resort City. Here are many "firsts" attributed to the life of HONORED AARON PARSONS WHEREAS: Mr. Parsons has been a member of the Board of Directors at Project Friendship Inc., a child development center. He was Chief of the Seatack Volun- teer Fire Department, 1950-1982; and, President of the Seatack Community House Board. His neighbors fondly refer to him as their "personal rescue squad". Although Aaron Parsons is the Manager of Pest Control and Grounds Maintenance at Oceana Naval Air Station, where he has been employed since February 1946, he finds time and energy to devote numerous hours of service to various organiza- tions: STOP, Proj ect Friendship, Virginia Beach General Hospital, Virginia Beach Research and Advisory Council, Transportation Safety Commission, Friends Housing Corporation and Tidewater Memorial Society. Aaron's services cannot be fully enumerated here because his concern for others has and still prompts acts of kindness never recorded, such as once he drove a lady through a snow storm to visit a friend while he waited in the car. He managed a clothing and furni- ture bank for the needy. His awards have included Civil Service Employee of the Year (1965), Scouting, Red Cross, March of Dimes, Seatack Clean-Up and numerous Superior Accomplishment Awards at the Air Station--but none have been so reward- ing as his knowing, without regard to race, creed or color, that his fellow men have shared his life and his community is better for his having been an active part of its growth and stability. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes the numerous services and tremendous civic contribution Aaron Parsons has rendered the City of Virginia Beach as a dedicated citizen. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation at the Thirty-Fourth Annual Jaycees banquet May 4, 1984, and the Clerk of Council directed to incorporate this tribute to Mr. Parsons in the Council Agenda for its regular Formal Session May 7, 1984. Given under my hand and seal, Mayor May 7, 1984 - 20 - Item II-J. 2 CONSENT AGENDA ITEM II 21833 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED a Resolution of Appreciation to J. Burks Withers, Jr., Member of the Historical Review Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 i II - 20a - RESOLUTION OF APPRECIATION TO J. BURKS WITHERS, JR. WHEREAS: J. Burks Withers, Jr. was first appointed a member of the Historical Review Board on April 1, 1982, he has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and inconveniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to J. BURKS WITHERS, JR. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Seventh day of May, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor May 7. 1984 ,I II - 21 - Item II-J.3 CONSENT AGENDA ITEM # 21834 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to amend and reordain Sections 21-396, 21-397 and 21-398 of the Code of the City of Virginia Beach, Virginia, pertaining to PARKING METERS and exemptions for Senior Citizens. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 21a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 21-396, 21-397 AND 21-398 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PARKING METERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-396, 21-397 and 21-398 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained as follows: Section 21-396. Deposit of coin required; exemption for senior citizens; overtime parking generally. (a) When any vehicle shall be parked in any parking meter space designated as provided in this division, the operator of such vehicle shall, upon entering such space, immediately deposit, or cause to be deposited, one or more coins of the United States of America in the parking meter adjacent thereto, and such space may then be lawfully occupied by such vehicle during the period of parking time calculated on the basis of twenty-five cents ($0.25) per half (1/2) hour, not to exceed, however, the maximum time prescribed by section 21-397. If such vehicle shall remain in such parking space beyond the period of parking time calculated on the basis of twenty-five cents ($0.25) per half (1/2) hour, the parking meter shall display a sign or signal showing illegal parking, in which event, the vehicle parked in such parking space shall be considered as parked overtime and beyond the period of legal parking time. (b) Notwithstanding the provisions of subsection (a) above, the city manager or his designee may issue a parking permit to any citizen of the city who is sixty-five (65) years of age or older, which will allow the permittee to park in metered spaces at the municipal parking lot commonly known as Rudee Inlet Loop Wayside without depositing a coin or coins. tbt ~ It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked overtime or beyond the May 7, 1984 - 21b - period of legal parking time established for any parking space provided for in this division. It shall likewise be unlawful for any person to permit a vehicle to remain or to be parked in any parking space adjacent to any parking meter installed pursuant to the provisions of this division while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period of time prescribed for such parking space. Section 21-397. Parking for more than two hours in metered space; exemption for senior citizens. Notwithstanding any other provision of this divisionL and whether or not coins have been deposited in a parking meter, no person shall park a vehicle in any parking space in a parking meter zone established by this division for longer than two (2) hours at anyone time. The two (2) hour limit shall not apply to any citizen of the city who is sixty-five (65) years of age or older who is parked in a metered space in the municipal parking area commonly known as Rudee Inlet ~ayside Loop and who has been issued and displays a permit obtained under the provisions of Section 21-396(b) Section 21-398. Hours during which division is applicable. The provisions of this division shall apply to parking from 10:00 a.m. to 6:00 p.m., except in the eiey-ewfted municipal parking area commonly known as the Rudee fS~eftd-M~ftiei~e!-be~ Inlet Loop Wayside where they will apply twenty-four (24) hours per day, on every day including federal and state legal holidays and Sundays from May first to October first of each calendar year. Adopted this 7 day of ~y , 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da/awj 4/16/84 4/18/84 4/19/84 MISC -2- ~y 7, 1984 II I' - 22 - Item II-J.4 CONSENT AGENDA ITEM # 21835 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED, on SECOND READING, the following Ordinance: Ordinance to amend and reordain Section 35-37(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when installement of taxes on Real Estate are not paid on time. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 22a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-37 (a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING PENALTY AND INTEREST WHEN INSTALLMENT NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-37(a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-37. Penalty and interest when installment not paid on time. (a) In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in section 35-36, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid installment or the sum of ten dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) percent per annum during the first year such taxes are delinquent, and thereafter at the rate of ten and eight-tenths (10.8) f~re~e" ~"d-s~~-ee"ehs-tf5~6t percent per annum. (b) The assessment of a penalty under this section shall not be deemed a defense to any criminal prosecution for failing to make such return of taxable property as may be required by law. ~ No amendment to this section shall reduce the amount of penalty and interest which has been assessed or was assessable on delinquent taxes prior to the date of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, this ~_ day of May , 1984. MES/re 3/22/84 4/17/84 FIRST READING: April 23, 1984 j-u t.".. " '_._ - ~___ _ ._ . ...11..." ~ __. . .. SECOND READING: May 7. 1984 i c'..y:... -: ~ APP&9VZ;, ,198'4.) ::-;Rr, ---71;:'~:-------- i I - 23 - Item II-J.5 CONSENT AGENDA ITEM # 21836 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED, on SECOND READING, the following Ordinance: Ordinance to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when PERSONAL PROPERTY TAXES not paid on time. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 23a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-6(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO PENALTY AND INTEREST WHEN PERSONAL PROPERTY TAXES NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-6(a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-6. Penalty and interest when personal property taxes not paid on time. (a) In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in section 35-5, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid taxes or the sum of ten dollars ($10.00), whichever shall be greater, and such taxes and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) per annum during the first year such taxes are delinquent, and thereafter at the rate of ten and eight-tenths (lO.B) fi~~eeft-eft~-eix-~eftehe-tl5.6t percent per annum. (b) The assessment of a penalty under this section shall not be deemed a defense to a criminal prosecution for failing to make such return of taxable property as may be required by law. J2J. No amendment to this section shall reduce the . amount of penalty and interest which has been assessed or was assessable on delinquent taxes prior to the date of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, this 7 day of ---_.------ May , 19 B 4. ,.:"\ ~ . MES/re 3/22/84 4/17/84 (G) FIRST READING: April 23, 1984 - --~1'-: ~,- ,- r .-.'; '" . ~. --0+ 'f, .l' SECOND READING: May 7, 1984 APPROVI.. ^..- "0 . . ...- to."" rr.\["1 -..-- SIGNArlOf---",. I Ii - 24 - Item II-J.6 CONSENT AGENDA ITEM # 21837 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED an Ordinance, on FIRST READING, to amend and reordain Section 35-207 of the Code of the City of Virginia Beach pertaining to TAX on CIGARETTES. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 II I' ,I - 24a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-207 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO TAX ON CIGARETTES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-207 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained as follows. Section 35-207. Levied; amount. There is hereby levied and imposed by the city, upon each sale of cigarettes, a tax equivalent to 5e~en-~nd-one-hazr-een~s t~e~e~5t-~e~-~en-tzet-e~~a~e~~es,-o~-r~~e~~onaz-n~m5e~-or-~en t+et-e~~aree~es7 seven and one-half mills per cigarette sold within the city, the amount of such tax to be paid by the seller, if not previously paid, in the manner and at the time provided for in this article. There shall be a penalty for late payment of the tax imposed herein in the amount of ten (10) percentum per month, and interest in the amount of three quarters (.75) of one (1) per centum per month, upon any tax found to be overdue and unpaid. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1984. MES/sm 3/27/84 (F) FIRST READING: May 7. 1984 SECOND READING: A'....,~.,."\ ..r.... '. '.. ,. - t'" M- 1'-\..) \I j..-" : '~j j {. ,""0... . "~l .'.0, r.... ..~ ~'.-- "', ...."....~t :;~\. SIGNA TURE DEP ARTfo,l,ENT ::~J~A_ CITY ;\ TrC2MY May 7, 1984 i I I - 25 - Item II-J.7 CONSENT AGENDA ITEM # 21838 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED an Ordinance, on FIRST READING, to amend and reordain Section 21-75(c) of the Code of the City of Virginia Beach, Virginia, per- taining to Local License Taxes on HORSE TRAILERS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 II II II - 25a - Requested by: Vice-Mayor Barbara M. Henley AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-75(C) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO LOCAL LICENSE TAXES ON HORSE TRAILERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-75(c) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 21-75. Imposition of tax. (c) The license tax on a one or two-wheel trailer of a cradle, flat bed or open pickup type which has a body width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross of vehicle weight not exceeding five thousand (5,000) pounds and used for carrying property not exceeding one thousand five hundred (1,500) pounds at anyone time, and for all trailers designed exclusively to transport boats or horses, shall be six dollars and fifty cents ($6.50). Notwithstanding the above provision, the license tax for each trailer or semitrailer designed for use as living quarters for human beings shall be twenty dollars ($20.00). This ordinance shall be effective on January 1, 1985. Adopted by the Council of the City of Virginia Beach, Virginia, on the -2- day of M.<lY , 1984. MES/re 4/16/84 4/25/84 (H) First Reading: May 7, 1984 Second Reading: APPROVED AS TO CONHI< r SIGNATURE DEP A RH/,[i\:T D AS ")-9 f('lr' 'j o;_~;~:~,; Jl~4... . " May 7, 1984 / j eny /,~;"~' '; ",' :~v II II - 26 - Item II-J.8.a CONSENT AGENDA ITEM # 21839 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to Transfer Funds of $36,365 within the Department of Public Works for a TRAILER for the Refuse Transfer Station. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 7, 1984 ...... ; .- - 26a - ;~ .~ - .~ !,: AN ORDINANCE TO TRANSFER FUNDS OF $36,365 WITHIN THE DEPARTMENT OF PUBLIC WORKS FOR A TRAILER FOR THE REFUSE TRANSFER STATION ~' .. .' .,.. d - ~.., " ; WHEREAS, the Department of Public Works has indicated a need for an additional trailer at the Refuse Transfer Station in order to reduce the turnaround time and minimize overtime needs, and WHEREAS, the department can obtain a demonstrator unit at a cost of $36,365 which is less than the unit price of the original trailers over two years ago, and WHEREAS, the necessary funds for this purchase are available by transfer within the operating budget of the department from excess funds in Construction Materials and Supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $36,365 be transferred within the Department of Public Works from available sources to the Solid Waste Transfer Station for the purchase of an additional trailer. Adopted by the Council of the City of Virginia Beach, 7 Hay 84 Virginia on the day of , 19 ~lay 7, 1984 - 27 - Item II-J.8.b CONSENT AGENDA ITEM II 21840 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to Transfer Appropriations within the Public Works Department for a larger LOADER for the Refuse Transfer Station. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 7, 1984 - 27a - AN ORDINANCE TO TRANSFER APPROPRIATIONS WITHIN THE PUBLIC WORKS DEPARTMENT WHEREAS, in the Solid Waste Transfer Station capital project, two small loaders were purchased to load the refuse transfer trailers, and WHEREAS, after several months of operation, these loaders have proven to be inefficient in handling the volume of refuse delivered to the Solid Waste Transfer Station, and WHEREAS, the Public Works Department has determined that one larger loader can operate more efficiently than the two smaller units, and WHEREAS, the larger unit will cost $29,000 and the Public Works Department has identified appropriations in their budget that may be reallo- cated for the purchase, and ~rnEREAS, the City will rece1ve a trade-in value of $18,000 for the two small loaders which will be credited back to the Solid Waste Transfer Station capital project for additional costs to be charged to the project. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that appropriations in the amount of $29,000 be reallocated within the Public Works Department to purchase the new loader. Adopted by the City Council of the City of Virginia Beach on Seventh day of M~ , 19 84 May 7, 1984 KAR/2 ORD6 i II - 28 - Item II-J.9 CONSENT AGENDA ITEM # 21841 <J>. I Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Indian River Road and Depositors Lane to A. T. WILLIAMS OIL COMPANY, its assigns and successors in title, and sub- ject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. 5. Prior to construction within any existing public right-of-way, the contractor shall obtain a permit and bond from the Highway Inspections Bureau. 6. This encroachment shall not be in effect until an agreement is executed encompassing the above. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 28a - Requested by: Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF INDIAN RIVER ROAD AND DEPOSITORS LANE TO A. T. WILLIAMS OIL COMPANY, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, A. T. Williams Oil Company is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Indian River Road and Depositors Lane. That the temporary encroachment herein authorized is for the purpose of private sanitary force main and that said encroachment shall be constructed in accordance with the City of virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Indian River Road and Depositors Lane, as shown on that certain plat entitled: "PROPOSED CONVENIENCE STORE AND GAS STATION," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of A. T. Williams Oil Company and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of Indian River Road and Depositors Lane by the A. T. Williams Oil Company and that the A. T. Williams Oil Company, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the A. T. Williams Oil Company, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable May 7, 1984 - 28b - attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the A. T. Williams Oil Company executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of May____________, 19~. MES/re 4/10/84 (290) A~PRovm AS TO CON"fENT SIGNA TURE DfF A R TfA ENT f,",P;ff: A.sr~JfzR~ 1 " ~.' Z ' , . . , .. I :,",... ", , ,A" n., I r1TY t T ;," :V:Y -2- May 7, 1984 - .~--.:# ~. , 'r I -V" . c ..,...:;' rJ1\. i \ \ /)- , / - _ 28c - - \ : ~ \\ \ ,\ ~ \ \ : .\~ \" \ \: \ {I \ 'il .( \" ,,\'\\~ t\~ h \ \ ,\ II I \i ,~n \\i.t\..\ ,\., ... ,,', ..a : i \ \h \' \ \~ \" I \ ~ U\,' \ I ~ 'i \ . ~i\h;\\ \~\\\i\\. i ii~~ \\ ~ · ~\' \\ n \; \\'~ t' , l \ \ . 1~ pi, ( ti\ ,\ \ \. \ \,\ ~~. \ ~ \ u" \\ \ \ '1\" \ \" ll~, '\\ \ , \"\" \ · \ \,\ \ 1 .., ..t.' <II" ... ~ ... .." .. t\\ \. I I a,.' .. , .. ., i; e~ f, \ ,; ~ . t. t', ~ ~. ~ . .'F.', !..... ,I .,,,, ~,~ I f. \\ i \ ~ ~ - \n\i'a~ ~i ';.'; ~. ~ \". \ p . ~ . ; ~ a. :l' .. a: ~ .." I.> o ... iL o o ~ \ I \ ! \ ,l: " . ';'21 \\ ! \~ :\ ,.. . , ... \ i , ~'.,l \ \ , \ ;.\ \\ \ p\\\j \\\ " \ \" \ \ 1\' \ \\\' \\\ \\\\\i\\\ , , p' i \~~\\\\ ,HI \ \ \\ '\\ ,\\ ",i \\\\11 \\\ \\iii\\\1\\\\\"\ '. \ '. .. ',' , , \ II . · ~; ., ~ ; : ------ }'lay 1. 1984 II I - 29 - Item II-J .10 CONSENT AGENDA ITEM II 21842 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Clifton Road to DUMAN T. WRIGHT, his heirs, assigns and successors in title, and subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. No open cutting on Clifton Road will be permitted. 5. A performance bond and traffic control plan will be required. 6. This encroachment shall not be in effect until an agreement has been executed encompassing the above. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 i I I i - 29a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CLIFTON ROAD TO DUMAN T. WRIGHT, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Mr. Duman T. Wright, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Clifton Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private sanitary force main and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Clifton Road, on the certain plat entitled: "Physical Survey of Privately Owned and Maintained 3" P.V.C. Force Main Crossing Clifton Road for Duman T. and Eileen M. Wright," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. Duman T. Wright, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Clifton Road and that Mr. Duman T. Wright, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. May 7, 1984 - 29b- AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. Duman T. Wright, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. Duman T. Wright executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of Hay , 1 9 84 . I MES/sm 4/9/84 (29B) APPROVED AS fe' ;.. j,i"! :. 0; SIGNATJ;(E ..-...1- DEPART",m--iT r; 'D AS 'J.O/F:)r~',\.,' ,- K.I , I,') J, '<-', ~ !Gr</... T~J?E { CITY /"TTCf,i<ff -2- May 7, 1984 II I - 30 - Item II-J.11 CONSENT AGENDA ITEM # 21843 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to authorize acquisition of property in fee simple for right-of-way for SEATACK STREET IMPROVEMENT PROJECT Phase II-A and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 , - 30a - AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SEATACK STREET IMPROVEMENTS PROJECT PHASE II-A AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled, Seatack Street Improvements Project Phase II-A, CIP No. 2-980, these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of _!1~_______, 19 84 . DSH/sm 4/9/84 ( 9 ) May 7 J3.8~ APPROVED AS TO rORN -n~~NT OF ,-",,) ,I I - 31 - Item II-J .12 CONSENT AGENDA ITEM II 21844 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance appointing Viewers in the petition of RUNNYMEDE CORPORATION for the closure of a portion of Lee Street (Old Virginia Beach Road) and Old County Road (Virginia Beach 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, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 31a - ORDINANCE APPOINTING VIEWERS WHEREAS, The Runnymede Corporation has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 7th day of May, 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, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT 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 on or before , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach,Virginia, and more particularly 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 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 610 33' 01" E, 31.74 feet to a point; thence N 610 33' 01" E, 120.98 feet to a point; thence N 440 21' 05" E, 126.56 feet to a point; thence N 490 39' 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 790 09' 01" E, 67.23 feet to a point; thence S 490 31' 01" W, 152.27 feet to a point; thence S 440 21' 05" W, 40.86 feet to a point; thence S 560 18' E, 173.36 feet to a point; thence S 330 48' E, 64.27 feet to a point on the northern side of 21st Street; thence running along the northern side of 21st Street, S 760 09' 01" W, 31.53 feet to a point; thence N 330 48' W, 48.17 feet to a point; thence N 560 18' W, 135.86 feet to a point; thence S 550 10' 32" W, 144.48 feet to a point; thence S 600 27' 45" W, 48.60 feet to a point; .A,W OI'"FICES "II . F NE. LEGUM eo F'INE AW ~u I LQ 1 HG NC,RF ~;.' IRGINIA 23510 . l.,' Cf""CES 'INE;. INC. LEGUM FI ~JE LA e:UJI.DINC ,.FOL.K 'IRG NIA 231510 - 31b - thence S 740 02' 47" W, 19.14 feet to a point; thence S 620 13' 09" W, 37.0 feet to a point on the eastern side of Parks Avenue; tthence running along the eastern side of Parks Avenue N' 130 50' 59" W, 43.92 feet to the point of beginning and contains approximately .53 Acres. All the above as shown upon that certain plat entitled, "Physical Survey of Fine Property" dated Harch 211 1983, which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. May 7, 1984 II ... LAW OrF'IC(S FI' ". FINE. LEGUM t. FINE _AV~ eUILDING NORF _K. vIRGINIA 23510 - 31c - Ii IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS LEE STREET (OLD VIRGINIA BEACH ROAD) AND OLD COUNTY ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PHYSICAL SURVEY OF INE PROPERTY", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, The Runnymede 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: 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 610 33' 01" E, 31.74 feet to a point; thence N 610 33' 01" E, 120.98 feet to a point; thence N 440 21' 05" E, 126.56 feet to a point; thence N 490 39' 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 790 09' 01" E, 67.23 feet to a point; thence S 490 31' 01" W, 152.27 feet to a point; thence S 440 21' 05" W, 40.86 feet to a point; thence S 560 18' E, 173.36 feet to a point; thence S 330 48' E, 64.27 feet to a point on the northern side of 21st Street; thence running along the northern side of 21st Street, S 760 091 01" W, 31.53 feet to a point; thence N 330 48' W, 48.17 feet to a point; thence N 560 18' W, 135.86 feet to a point; thence S 550 101 32" W, 144.48 feet to a point; thence S 600 27' 45" W, 48.60 feet to a point; thence S 740 02' 47" W, 19.14 feet to a point; thence S 620 13' 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 130 50' 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 entitled "Physical Survey of Fine Property", dated March 21, 1983, which plat is attach- ed hereto and made a part hereof and intended to be recorded with the Ordinance May 7, 1984 II LAW Of'F1CES Fie :, FINE, LEGUM t. FINE ..AW eUILDING NORP- :.K, VIRGINIA 23510 - 31d - closing the afo~edescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the day of , 1984 and on the day of 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 owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioner herein, The Runnymede Corporation and Birdsong and Clark, 737 21st Street, Virginia Beach, Virginia. Respectfully submitted, GARDINER M. HAIGHT Fine, Fine, Legum and Fine 720 Plume Center West Norfolk, Virginia 23510 May 7, 1984 II' II I ", / LAW OFFICES ""II ' FINE, FINE. LEGUM Be FINE JIS 8. FINE ~AIS H. FINE WARe I. !..EGUM DREW S. FINE PROFE.9Sl0NAl. ASSOCIATION u:was Al.LEJ'>.,I ...Jo::>f-IN R. L.OMAX OAA:[)fo.&ER M. HAIGHT 7::l0 LAW BUILDING GRANBY AND PLUME STREETS NORFOLK, VIRGINIA 23510 VIRGINIA BEACH OFFICE .,.4 LASKIN ROAD VIRGINIA BEACH, VIRGINIA 23"'51 TELEPHONE (804) 622-6383 TELEPHONE (8041 622.6383 CERTIFICATE OF VESTING OF TITLE I, 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 Birdsong 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 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 610 33' 01" E, 31.74 feet to a point: thence N 610 33' 01" E, 120.98 feet to a point: thence N 440 21' 05" E, 126.56 feet to a point: thence N 490 39' 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 790 09' 01" E, 67.23 feet to a point: thence S 490 31' 01" W, 152.27 feet to a point: thence S 440 21' 05" W, 40.86 feet to a point: thence S 560 18' E, 173.36 feet to a point: thence S 330 48' E, 64.27 feet to a point on the northern side of 21st Street: thence running along the northern side of 21st Street, S 760 09' 01" W, 31.53 feet to a point: thence N 330 48' - W, 48.17 feet to a point: thence N 560 18' W, 135.86 feet to a point: thence S 550 10' 32" W, 144.48 feet to a point: thence S 600 27' 45" W, 48.60 feet to a point: thence S 740 02' 47" W, 19.14 feet to a point: thence S 620 13' 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 130 50' 59" W, 43.92 feet to the point of beginning and contains approximately .53 Acres. Wr<;11 . i ii .wll UM & FINE FI NE, LEG FINE, (2) Page Two /1 /) ~JJ~( ) ,~_.-, llr · --"5r ./ >>tIGHT GARDINER M. . .7" ~'~ ~ . i Ii - 32 - Item II-J.13a. CONSENT AGENDA ITEM # 21845 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the low bid of LUKE CONSTRUCTION COMPANY in the amount of $279,520.00 for the BEGGARS BRIDGE PROJECT (CIP 2-953); AND, authorized the City Manager to enter into the necessary agreements for the imple- mentation of this project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 33 - Item II-J .13b. CONSENT AGENDA ITEM II 21846 Upon motior. by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to Transfer Capital Project Funds of $55,000 between Carital Projects to provide additional funds for BEGGARS BRIDGE. Voting: 1]-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Menbers Voting Nay: None Council Menbers Absent: None May 7, 1984 .... Z LlJ ~- Z o u o 1- V~ ..:;: C. ~.t.J "'> o IO~ (l. ~ u..o 12 \~ V) -<3 ~ :~ ~ ~ ~~~ :{ ~<( n. . >- W t- o Ci - 33a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $55,000 BETWEEN CAPITAL PROJECTS TO PROVIDE ADDITIONAL FUNDS FOR BEGGARS BRIDGE WHEREAS, the current Capital Improvement Program includes the replacement of the existing timber bridge on Muddy Creek Road with a new structure, and WHEREAS, the city has received bids for construction of the pro- ject with the low bidder being Luke Construction Company at $279,520, and WHEREAS, the total project cost including the low bid for construction is estimated at $344,150, and WHEREAS, current funding for the project totals $289,150 and additional funding of $55,000 is needed, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, that appropriations be transferred between capital projects as enumerated below to provide additional funds for Beggars Bridge: Transfer from: #2-974 Sandbridge Road-Alignment $ 55,000 Transfer to: #2-953 Beggars Road Bridge $ 55,000 BE IT FURTHER ORDAINED that the low bid of Luke Construction Company for the construction of Beggars Bridge is hereby accepted and the City Manager is authorized to enter into the appropriate agreement for the implementation of this work. 7 KAR/2 ORD5 Adopted by the City Council of the City of Virginia Beach on day of May 84 19 I I - 34 - Item II-J .14 CONSENT AGENDA ITEM II 21847 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED Raffle Permits for the following: ACTIVITIES COMMITTEE, MESSIAH LUTHERAN CHURCH CIVITAN CLUB OF VIRGINIA BEACH Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 35 - Item II-J .15 CONSENT AGENDA ITEM II 21848 Upon motioI:. by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APFROVED a Certificate of Public Convenience and Necessity for Beach, BaYEide and Coastal Cabs in the matter of the application of RUBY HALL DOZIER. Voting: 1]-0 Council Meniliers Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Menbers Voting Nay: None Council Members Absent: None May 7, 1984 ,il - 36 - Item II-J.16 CONSENT AGENDA ITEM # 21849 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $771.07 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. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 RI.! NO. C.". 7 4/18/84 EMC AN ORDINANCE AtJTHORIZING 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: '~li"~ 'it NAME Tax Year Type of Tax Ticket Number Exonera- Date P I I T ena ty nt. otal tion No. Paid .-*'IL' Ruby M Horton 83 pp 68349-6 6/5/83 56.22 Glenn Fink 83 pp 168734-6 12/5/83 52.55 Dorothy & Donald Hefelfinger 83 pp 190995-4 4/6/84 107.09 Manufacturers Hanover Mort Co 84 RE(1/2) 44539-7 2/7/84 26.81 Jean McL Davis 81 RE(1/2~ 18657-0 1215/80 68.71 Jean McL Davis 81 RE(2/2 18657-0 5/28/81 68.71 Jean McL Davis 82 RE(l/2) 19251-7 11/30/81 92.60 Jean McL Davis 82 RE(2/2) 19251-7 5/18/82 92.60 Jean McL Davis 83 RE(l/2) 19964-4 1215/82 102.89 Jean McL Davis 83 RE(2/2) 19964-4 6/5/83 102.89 "".'1 , Total 771.07 . .-............,.,. ~~I?)ii'~?~t;.~. my:y" . ",J} APR ,q) lQt,\ DEPT..Of LI'..1 This ordinance shall be effective from date of adoption. Th~,bove abatement(s) totaling 1. 07 were approved by the Council of the City of Virginia Beach on the~day of May ~~ J. Dale Bimson, City Attorney Ruth Hodges Smith City Clerk III 1\1 - 37 - Item II-K.1 PLANNING ITEM # 21850 Hubert C. Gray, applicant, represented himself. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance in the matter of the application of HUBERT C. GRAY, JR. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Hubert C. Gray, Jr. Property located on the north side of Little Haven Road at intersection with Hurds Road. Plats with more de- tailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 38 - Item II-K. ;~ PLANNING ITEM II 21851 Ennis O. Johnson, represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council DENIED a Variance to Section 4.4(b) of the Subdivision Ordinance in the matter of the of the application of GENNARO FIORE Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Gennaro Fiore. Property lo- cated at the northeast corner of London Bridge Road and Terrell Avenue. Plats with more detailed infor- ~ltion are available at the Department of Planning. L~~NNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 III - 39 - Item II-K.3 PLANNING ITEM # 21852 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council DEFERRED for two weeks until the City Council Meeting of May 21, 1984, application of HUDGINS AND ASSOCIATES for the Closure of a portion of Goose Landing. (Formally approved by City Council on October 10, 1983, subject to conditions being met within 180 days.) Copy of letter from C. David Whitley, Vice President, Hudgins and Associates, requesting DEFERRAL, as uncertainties have arisen concerning ownership of land, is hereby made a part of the record. Application of Hudgins and Associates for the discontin- uance, closure and abandonment of a portion of Goose Landing beginning at a point 1,290 feet more or less from the intersection of Goose Landing and Huntsman Drive, running a distance of 368.92 feet in a north- westerly direction along the southern boundary line, running a distance of 59.69 feet in a northeasterly direction along the western boundary line, running a distance of 336.22 feet in a southeasterly direction along the northern boundary line, and running a dis- tance of 50 feet in a southerly direction along the eastern boundary line. Said parcel contains 19,415 square feet. LYNNHAVEN BOROUGH. The following conditions were required of Street Closure granted by City Council on October 10, 1983: 1. Resubdivision of the poperty to incorporate the closed area into adjoining parcels, as well as to avoid the creation of nonconforming lots and to insure that all lots have access to a public street. (In accordance with this con- dition, Lots 7, 8, 9 and 10 shall be combined into one (1) lot). 2. The closure of this right-of-way shall be continguent upon compliance with the above- stated condition within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: May 7, 1984 None - 40 - Item II-K.I~ PLANNING ITEM II 21853 Attorney David Miller, represented the applicant Mary J. Griffith, representing residents of the area, spoke in opposition. (Petition consisting of 138 names in opposition to this application is hereby made a part of the record.) Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City CouncU DENIED an Ordinance upon application of DONALD W. AND SELENA STARBUCK M~D RICHARDSON C. AND LINDA B. BELL for a Street Closure as per the following: Ordinance upon application of Donald W. and Selena ::; tarbuck AND Richardson C. and Linda B. Bell f or the discontinuance, closure and abandonment of a portion of Lauderdale Avenue beginning a t a pain t 116.8 feet I~ast of Morton Road and running in a southeasterly direction a distance of 275 feet along the southern ')oundary of Lots 25 thru 35, Block 12, Chesapeake ?ark. Said street is 50 feet in width and contains 13,750 square feet. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: J,)hn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, R'Jbert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry M~Coy, Jr., D.D.S., and Meyera E. Oberndorf Council Me:nbers Voting Nay: NJne . \' _ 11 :! . _ .; \ _ .J ~) ,J .:, ~.l Council Menbers Absent: None May 7, 1984 II I 'I' " PJ ~ETJ', LYLE, SIEGEL, D' :SClI ER & CROSHA W TOH"IEYSATLAW VII NIP. BEACH, VA. 23452 I i I ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET 50 FEET WIDE KNOWN AS LAUDERDALE AVENUE LOCATED IN BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Donald W. Starbuck and Selena Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell, husband and wife would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion of that certain undeveloped street, 50 feet wide, known as Lauderdale A venue closed, vacated and discontinued was duly advertised; and WHEREAS, the Petitioners as owning the underlying fee to said street, which is effected by its closure, have requested that said street be closed; and WHEREAS, Application was made to the City Planning Commission and to the City Council, and, pursuant to the statutes in such cases made and provided, the Council appointed viewers who have reported to the Council that no inconvenience to the public or to the private indi- viduals would result from such closings, vacating and discontinance; and WHEREAS, it is the judgment of the Council that the said streets should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said undeveloped street 50 feet wide known as Lauderdale Avenue described below, located in the Bayside Borough in -1- II I P CE1":" LYLE, SIEGEL, D I :SCIJ ER & CROSHA W 'TOENEYSATLAW 'JII INL\ BEACH, VA 2.3452 the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued, said street not being needed for public use: A portion of that certain undeveloped street situate in Virginia Beach, Virginia, known as "Lauderdale Avenue (50 feet) (formerly known as Lake Avenue), commencing at a point 116.8 feet east of the northeast intersection of Morton's Road and Lauderdale Avenue where the western boundry of Lot 35, Block 12, intersects, thence proceeding S 58023'00" E a distance of 275.00 feet to the intere- section of the easterly line of Lot 25, Block 12; thence turning S 31032'50" W a distance of 50.00 feet to the southern property line of Lauderdale Avenue; thence turning N 58023'00" W and running a distance of 275.00 feet; then turning N 31032'50" E a distance of 50.00 feet to the said point of beginning. Said parcel containing 0.3156 acres and more fully described by reference to the plat entitled "Plat Showing Portion of Lauderdale Avenue to be Vacated, Discontinued and Closed, situated between Block 9, Amended Map of Chesapeake Shores (MB 8, P 82) and Block 12, Map of Chesapeake Park (MB 4, P 47), Bayside Borough - Virginia Beach, Virginia, Scale: 1" = 50', October 21, 1983, Rouse-Sirine Associates, Ltd., Land Surveyors, Virginia Beach, Virginia. Section 2: A copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office in the Circuit Court in the City of Virginia Beach, Virginia and indexed in the name of the City of Virginia Beach as Grantor. Section 3: This Ordinance shall be effective thirty (30) days from date of its adoption. 11.5.2.C -2- I )1 ~ PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW A. PROFESSIONAL. CORPORATION ATTORNEYS AT LAW < I OWEN B. PICKETT JOSEPH L. LYLE,JR. LAWRENCE R. SIEGEl.. JOHN W. DRESCHER GLENN RANDALL CROSHAW RICHARD C. BEALE EDWARD S.GARCIA,JR. MARK S. SMITH JONATHAN L.HAUSER DAVID N. REDA DAVID A.MILLER,JR. WAYNE G. SOUZA JAMES C. LEWIS SCOTT C.WILLIAMS 101 NORTH LYNNHAVEN ROAD VIRGINIA BEACH, VIRGINIA 23452 MAIL TO: POST OFFICE BOX 2127 VIRGINIA BEACH,VA. 23452-2127 TELEPHONE: (804) 340 - 0011 (. CERTIFICATE OF VESTING OF TITLE I, David A. Miller, Jr., attorney for Donald W. Starbuck and Selena Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell, husband and wife, do hereby certify that: L I am an attorney at law and represent Donald W. and Selena Starbuck, husband and wife and Richardson C. and Linda B. Bell, husband and wife, the Petitioners. <>""1 2. If the property described below is discontinuted, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Donald W. Starbuck and Selena Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell, husband and wife, the holders of the underlying fee in said property. 3. The said property referred to herein is hereby described as follows: 'r A portion of that certain undeveloped street situate in Virginia Beach, Virginia, known as "Lauderdale Avenue (50 feet) (formerly known as Lake Avenue), commencing at a point 116.8 feet east of the northeast intersection of Morton's Road and Lauderdale Avenue where the western boundry of Lot 35, Block 12, intersects, thence proceeding S 58023'00" E a distance of 275.00 feet to the intere- section of the easterly line of Lot 25, Block 12; thence turning S 31032'50" Wadis tance of 50.00 feet to the southern property line of Lauderdale Avenue; thence turning N 58023'00" W and running a distance of 275.00 feet; then turning N 31032'50" E a distance of 50.00 feet to the said point of beginning. Said parcel containing 0.3156 acres and more fully described by reference to the attached plat entitled "Plat Showing Portion of Lauderdale A venue to be Vacated, Discontinued and Closed, situated between -1- I II PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW 'I' Block 9, Amended Map of Chesapeake Shores (MB 8, P 82) and Block 12, Map of Chesapeake Park (MB 4, P 47), Bayside Borough - Virginia Beach, Virginia, Scale: 1" = 50', October 21, 1983, Rouse-Sirine Associates, Ltd., Land Surveyors. Virginia Beach. Virginia. ~~A~ . David A. Miller, Jr. - 11. 2 .34 . C 1 ' -2- '"",I II I - 41 - Item II-K.5 PLANNING ITEM II 21854 Bruce Alexander represented the applicant, A. T. Williams Oil Company Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of A. T. WILLIAMS OIL COM- PANY for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF A. T. WILLIAMS CO. FOR A CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH R0584631 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of A. T. Williams Oil Co., for a Conditional Use Permit for a gas station and a car wash on the northwest corner of Rosemont Road and 4th Street on Lots 28 thru 33, Block R, Plat of Rosemont Corporation. Said parcel contains 41,732 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Seventh day of May, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: May 7, 1984 None - 42 - Item II-K. E, PLANNING ITEM II 21855 Attorney Robert E. Steinhilber represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of HELFANT REALTY, INC. for a Condi tional Use Permit. ORDINANCE UPON APPLICATION OF HELFANT REALTY, INC. FOR A CONDITIONAL USE PERMIT FOR ONE DUPLEX R0584632 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Helfant Realty, Inc. for a ~;onditional Use Permit for one duplex on the east side of ~;t. Paul Street, 246 feet south of Virginia Beach Boulevard. Parcel is located on Lot 8, Block 51, Oceana Gardens and contains 6.250 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: J\ ten-foot dedication along the frontage on St. Paul Street. :~5 feet from the centerline of the old 30-foot right-of-way ;:0 provide for an ultimate 50-foot standard right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach. Virginia on the Seventh da:, of May, Nineteen Hundred and Eighty-Four. Voting: 1L-O Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober. Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, R,)bert G. Jones, W. H. Kitchin, III. Reba S. McClanan. J. Henry McCoy. Jr., D.D.S.. and Meyera E. Oberndorf Council Me:nbers Voting Nay: N:me Council Me"nber s Ab sen t: N:me May 7. 1984 II I - 43 - Item II-K.7 PLANNING ITEM It 21856 Alton A. Miller, Applicant, represented himself Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of ALTON A. MILLER for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF ALTON A. MILLER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to I-I Z0584849 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Alton A. Miller for a Change of Zoning District Classification from B-2 Community-Business District to I-I Light Industrial District on property located on the west side of Butternut Lane, 148.31 feet south of Bonney Road on Lots 22 through 27, Block A, Rosemont Corporation. Said parcel contains 21,000 square feet. LYNN HAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Seventh day of May, Nineteen Hundred and Eighty-Four. Voting 11-0 ., ;_~ d' \ Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 44 - Item II-K.8 PLANNING ITEM II 21857 Attorney Grover Wright represented the applicant Jim Brigg:3, applicant, was in attendance Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ~)OPTED an Ordinance upon application of J. M. BRIGGS for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF J. M. BRIGGS FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0584633 BE IT HER~BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of J. M. Briggs for a Con- ditional Use Permit for mini-warehouses on certain property located on the north side of Virginia Beach Boulevard beginning at a point 182.50 feet east of Louise Avenue, running a distance of 254.22 feet along the north side of Virginia Beach Boulevard, running a distance of 167 feet in a northerly direction, running a distance of 146.10 feet in a westerly direction, running a distance of 254.15 feet in a northerly direction, running a distance of 108.30 feet along the northern property line and running a distance of 421.82 feet along the western property line. Said parcel is located at 1612, 1616 and 1620 Virginia Beach Boulevard and contains 1.6 acres. LYNN HAVEN BOROUGH. the follml7ing conditions shall be required: 1. A IS-foot dedication along the frontage on Virginia Beach Boulevard, 45 feet from the centerline of the existing 60-foot right-of-way to provide for an ultimate 90-foot right-of-way as shown on the Master Street and Highway Plan. 2. All lighting is to be directed to the interior of the site and is to be shielded from adjacent residential sites. 3. Hours of operations shall be from 6:00 a.m. to 10:00 p.m. This Ordinance shall be effective upon the date of adoption. Adopted b:y the Council of the City of Virginia Beach, Virginia on the Seventh day of May, Nineteen Hundred and Eighty-Four. May 7, 1984 II I - 45 - Item II-K.8 PLANNING ITEM # 21857 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf :~ .~ -);j - - '1- __ Council Members Voting Nay: None Council Members Absent: None May 7, 1984 - 46 - Item II-K.9 PLANNING ITEM It 21858 Attorney Grover Wright represented the applicant The follovrlng spoke in opposition: Lieutenant Commander Allen Petrie, NAS OCEANA Steve S. Dudley representing Princess Anne Plaza Civic League Lee A. Williams, President of the Doyleway Civic League Randi Smith, Playhouse Day Care, representing mother-in-law Jo Ryan, Carriage Hill Resident Constancio T. Medrama, Resident Clara and franklin Thurbon, registered opposition by phone Gloria and Ranzy Smith, registered opposition by phone A motion was made by Councilman Jennings to APPROVE an Ordinance upon appli- cation of:iERMAN R. AND SARAH W. HARRIS; FELIX ALLAN READER; and MARGARET G., FELIX .\., and CHARLES R. READER/SCOTT DEVELOPMENT COMPANY for a Change of Zoning. There was no second registered for this motion. Upon motioJ. by Councilman Jennings, seconded by Councilwoman McClanan, City Council DK'HED an Ordinance upon application of HERMAN R. AND SARAH W. HARRIS: FELIX ALLA~ READER: AND MARGARET G., FELIX A., AND CHARLES R. READER/SCOTT DEVELOPMENT COMPANY for a Change of Zoning per the following: JRDINANCE UPON APPLICATION OF HERMAN R. AND SARAH W. HARRIS, ~ELIX ALLAN READER, MARGARET G., FELIX A. AND CHARLES R. READER/ SCOTT DEVELOPMENT CO., FOR A CHANGE OF ZONING DISTRICT CLASS 1- ~ICATION FROM R-8 to A-2 'Jrdinance upon applicaton of Herman R. and Sarah W. Harris, ~elix Allan Reader, Margaret G., Felix A. AND Charles R. Reader/Scott Development Co., for a Change of Zoning Dis- trict Classification from R-8 Residential District to A-2 .~partment District on certain property located on the southeast side of South Lynnhaven Road beginning at a point 1500 feet more or less west of Lynnhaven Parkway, running a distance of 1495.03 feet along the southeast side of South Lynnhaven Road, running a distance of 1087.02 feet along the southern property line, running a distance of 1220 feet more or less along the eastern property line and running a distance of 926.69 feet along the northern property line. Said parcel contains 32 acres. LYNNHAVEN BOROUGH. Voting: lC}-O Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,Jr. Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Barbara M. Henley May 7, 1984 II I - 47 - Item II-K.10 PLANNING ITEM II 21859 Attorney Glenn Croshaw represented the applicant The following spoke in opposition: Lieutenant Commander Allen Petrie, NAS OCEANA Steve S. Dudley representing Princess Anne Plaza Civic League Randi Smith, Playhouse Day Care, representing mother-in-in-law Jo Ryan, Carriage Hill Resident Clara and Franklin Thurbon, registered opposition by phone Gloria and Ranzy Smith, registered opposition by phone Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED Ordinances upon application of CROW, TERWILLIGER & MICHAUX, INC., for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF CROW, TERWILLIGER & MICHAUX, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Ordinance upon application of Crow, Terwilliger & Michaux, Inc. for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the east side of South Lynn- haven Road beginning at a point 40 feet more or less north of Lee Highlands Boulevard, running a distance of 240 feet more or less along the east side of South Lynnhaven Road, running a distance of 250.50 feet in an easterly direction, running a distance of 50 feet in a southeasterly direction, running a distance of 151.57 feet in a southwesterly di- rection and running a distance of 50 feet more or less in a westerly direction. Said parcel contains 1 acre, more or less. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF CROW, TERWILLIGER & MICHAUX, INC. FOR A CFANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO A-2 Ordinance upon application of Crow, Terwilliger & Michaux, Inc., for a Change of Zoning District Classification from B-1 Business-Residential District to A-2 Apartment District on certain property located on the east side of South Lynn- haven Road beginning at a point 150 feet more or less south of Lee Highlands Boulevard, running a distance of 260 feet more or less along the east side of South Lynnhaven Road, running a distance of 151.57 feet in a northeasterly di- rection, running a distance of 50 feet in a northwesterly direction, running a distance of 250.50 feet in a westerly direction, running a distance of 460 feet in a northeasterly direction, running a distance of 640.79 feet in a south- easterly direction, running a distance of 291.89 feet in a southwesterly direction, running a distance of 156.35 feet in a southerly direction, running a distance of 285.96 feet in a southwesterly direction, running a dis- tance of 40 feet more or less in a northwesterly direction and running a distance of 70 feet more or less in a south- westerly direction. Said parcel contains 9 acres. LYNNHAVEN BOROUGH May 7, 1984 - 48 - Item II-K.lO PLANNING ITEM # 21859 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,Jr. Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. MeClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vlce Mayor Barbara M. Henley May 7, 1984 II I - 49 - Item II-K.l1 PLANNING ITEM II 21860 Richard S. Browner represented the applicant Letter from Richard S. Browner requesting DEFERRAL is hereby made a part of the proceedings. (This item was moved forward on the Planning Items) Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DEFERRED for two weeks until the City Council Meeting of May 21, 1984, an Ordinance upon application of F. WAYNE McLESKEY, JR., for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO R-8 Ordinance upon application of F. Wayne McLeskey, Jr., for a Change of Zoning District Classification from R-6 Resi- dential District to R-8 Residential District on parcels located at the southeast and northeast corners of North Plaza Trail and Edinburgh Drive. Parcel 1: Located at the southeast corner of North Plaza Trail and Edinburgh Drive, running a distance of 980 feet more or less along the east side of North Plaza Trail, running a distance of 150 feet along the southern property line, running a distance of 980 feet along the eastern property line and running a distance of 150 feet along the south side of Edinburgh Drive. Parcel 2: Located at the northeast corner of North Plaza Trail and Edinburgh Drive, running a distance of 300 feet more or less along the east side of North Plaza Trail, running a distance of 150 feet along the northern property line, running a distance of 300 feet along the Eastern property line and running a distance of 150 feet along the north side of Edinburgh Drive. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None M:w 7 _ 1 qR4 II I 'il " SIDENTIAL SALES .MMERCIAL SALES "I . ,I I McLESKEY REALTY CO., INC. 2858 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH. VIRGINIA 234152 LAND DEVELOPERS TELEPHONE 340.12151 May 2, 1984 Mrs. Ruth Smith, City Clerk Administration Building Municipal Complex Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Application of F. Wayne McLeskey, Jr., (R-6 to R-8) The above application for change of zoning is scheduled to be heard by the City Council on Monday, May 7. After the Planning Commission hearing, several of the adjoining property owners requested that I meet with them to discuss the application. At that meeting, the property owners requested that we provide a buffer area along our common boundary line, and that I present the plans for the buffer area at their next scheduled meeting on May 8. Since the hearing for the change of zoning is scheduled prior to the civic league meeting, I am requesting that our application be deferred until May 21, 1984. Thank you. 7J:;;Iu(t~ Richard S. Browner RSB/vts cc: Irv Douglas, Civic League representative II I II - 50 - Item II-L.1-3. APPOINTMENTS ITEM /I 21861 By CONSENSUS, City Council RESCHEDULED Appointments of the following: ADVERTISING SELECTION COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD May 7, 1984 - 51 - Item II-M.1 UNFINISHED BUSINESS ITEM If 21862 Councilman McCoy referenced horrendous "traffic jam" occuring on Independence Boulevard on May First, due to road repairs. The City M~nager will confer with Director of PubIc Works and advise Members of City Council concerning a review of City Policy involving repairs to roads. May 7, 1984 II I - 52 - Item 11-0.1 RECESS INTO EXECUTIVE SESSION ITEM # 21863 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City Council voted to RECESS into EXECUTIVE SESSION for discussion of Legal Matters, Personnel Matters, and Publicly Held Property, after which to adjourn. (5:30 p.m.) Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: None *Councilman McCoy left the EXECUTIVE SESSION at 5:30 p.m. *Councilwoman Creech left the EXECUTIVE SESSION at 6:25 p.m. May 7, 1984 - 53 - Item II-O. L ADJOURNMENT ITEM II 21864 By CONSENSI"S, City Council adjourned the meeting at Six Thirty in the evening. /--) .(-) y/ , '-- ~~ U /(~107:hJ Beve~ly' . Hooks Deputy City Clerk ~0/_--J~ R Hodges Smi ti:t, CMC City Clerk Mayor City of Virginia Beach Virginia May 7, 1984