JUNE 27, 1983 MINUTES
"VVORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOIJIS R. ]ONES, B.y,id@ B.,o.gb
VICE-MAYOR 13ARBARA Al. IIENLEY, P.@g@ 13.,.,gb
JOIIN A. BAI)@@. B .... gb
,NANCY A. CREECII, At L.,"
IIAROLD liEtSCIIOBER, A@ L.,g@
11. JACK ]ENSINGS. JR., L,,..b..@, B.-.gh
ROBERT G. ]ONES, A, L.,g@
W. 11. KITCIIIN, Ill, Vigi@i- li@.,b
REBA S. AI,CLANA.11, A,,@, B,,,..gh 212 C/7 Y IIALL BUILDING
J. IIFVRY AI,COY, JR., K@.p@@,11, B,,,,,.gb Mfl,'il(:IPAL CENTER
MEYERA E. OIJERNDORF, A, L.,g, VIRGI,41A BEACII, VTRGINIA 23456
RUTII 1100(;ES SMITII, CMC, Ciiy Gl,,k, (804) 427-4 30 3
CITY COUNCIL AGENDA
June 27, 19S3
ITEM I INFORIIAL SESSION: 4:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion @_ Council.
E. CITY MANAGER'S ADMINISTIZATIVE ITEMS:
1. ood Land Use Task Force: Presentation of
recommendations.
2. Schedule for Briefing and Workshops on Planning Items:
Recommendations of Vi.ce-Mayor Henley and Councilwoman
Creech.
3. Interim Financial. Statements for July 1,
Discussion.
4. Review of Consent Agenda.
ITEM 11 FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend T. E. Thieman, D.D.
Knotts Island Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETTNG:
1. Motion to accept/approve the Minutes of June 13, 1983.
(Approval was deferred on June 20, 1983)
2. Motion to accept/approve the Minutes of June 20, 1983.
E. PRESENTATIONS
1. Polly Pierce of the Miss Virginia Beach/Tidewater Pageant
will present to Council:
Doren Rae Mendoza Miss Virginia Beach
Vallerie Joy Faber Miss Tidewater.
2. Proclamation: Independence Celebration Day - July Fourth.
(Mrs. Priscilla Beede of the Green Run Homes Association
will receive.)
F. RESOLUTIONS
1. Resolution authorizing Certain Sand Grading Activities
by Susan H. Crittenden, Et Al , at 3240 Sandfiddler
Road - Sandbridge Beach Due to an Emergency Situation
Caused by a storm on January 28, 1983.
2. Resolution providing for Amendment to the Articles of
Incorporation of the Southeastern Public Service Authority
of Virginia.
(Public Hearing held by City Council on May 23, 1983
regarding a proposed resolution to amend the Southeastern
Public Service Authority's Articles of Incorporation.)
3. Resolution Authorizing the City Manager to Make Application
to the U. S. Department of Housing and Urban Development for
Jobs Bill Funds in the Amount of $740,000.
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS.
1. Resolution approving the Issuance of Industrial Development
Revenue Bonds for U. S. Habitats ($2,700,000).
2. Resolution approving the Issuance of Industrial Development
Revenue Bond to Donald E. Harvey and Joan E. Harvey ($920,000).
3. Resolution approving the Issuance of Industrial Development
Revenue Bonds for TPD Associates ($200,000).
4. Resolution approving the Issuance of Industrial Development
Revenue Bonds for ECPI of Tidewater Va., Inc. ($5,850,000).
5. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to Bonney Road Associates ($1,850,000)
6. Resolution approving the Issuance of Industrial Development
Revenue Bonds for Arrowhead Associates ($325,000).
ITEM II F. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS (Cont'd)
7. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond for Fairfield Shopping Center ($800,000).
8. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to Great Neck Village Associates
($300,000).
9. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bonds to Peterson-Quick II, a Virginia General
Partnership ($525,000).
10. Resolution of City Council approving the Plan of Financing
and Issuance of Industrial Development Revenue Bonds to
Holland Center Associates ($700,000).
11. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to Ilarbor Lights, Inc.($2,000,000).
12. Resolution approving the Issuance of Industrail Development
Revenue Bonds for Mark F. Garcea ($600,000).
13. Resolution of City Council approving the Issuance of Industrial
Development Revenue Band to HKII Associates II ($650,000).
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered iii the
ordinary course of 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
froiR the Consent Agenda and considered separately.
I .Study aiid Recormuendatioas of tbe Target Neighborhood Land
Use Task Force.
2. Resolution expressing the Inteiit of the City of Virginia Beach
to Conduct Certain Contract Negotiations witil the Army Corps
of Engineers relating to tlie Lake Gaston Water Project.
3. Resolution of Approval by the City of Virginia Beach of the
Virginia Housing Development Authority's Financing of a
Proposed Multi-Family Residential Housing Project called
Amhurst Apartments. (This matter was deferred for one week
on June 20, 1983).
4. Resolution authorizing the City Manager to Employ for the
Department of Economic Development Two Permanent Employees
and Delete Two Temporary Employee PosiLions.
5. Ordinance to Amend and Reordain Chapter 2 of the Code f the
City of Virginia Beach, Virginia, By Amending Sections 2-71,
2-81, 2-83, 2-84, 2-86, 2-101, 2-104, 2-108, 2-111, 2-112,
2-114, 2-116 and Adding Sections 2-83.1, 2-83.2, 2-117 and
2-118 pertaining to Personnel Policies. (This matter was
deferred for two weeks on June 13, 1983 and the
requests that this ordinance be deferred for two additional
we@ks for furti;er review.
6. Ordinance Authoriziiig tbe Trustees of Wycliffe Presbyterian
Church to take and hold Title to more than four acres of land
within the City of Vir@.inia Beach, Virginia, as provided by
Section 57-12 of the Code of Virginia (1950), subject to
certain limitations.
7. Ordinance, on SECOND READING, to accept a grant from the
Department of Corrections totaling $164,800 and to appropriate
these funds for the Virginia Beach Community Diversion Program.
8. Ordinance, on FIRST READING, to accept grants totaling $34,682
from the Department of Criminal Justice Services, and to appro-
priate these funds and a local contribution of "29,860.
ITEM 11 H. PLANNING ITEMS (Cont,d)
7. Application of Bissett Realty, Inc. for a change of zoning from
R-4 Residential District to 0-1 Office District on a 13,504-
square foot parcel located at the northwest corner of North
Great Neck Road and North Lakeside Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
8. Application of Newtown Plaza Associates, a Limited Partnership,
for a change of zoning_ from B-2 Community-Business District
to A-2 Apartment District on a 16-acre parcel located along
the south side of Baker Road, east of Newtown Road (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planiiing Commission
for approval.
9. Application of Nimmo Corner Corporation for a change of zoning.
from R-3 Residential District to R-5 Residential District on
a 103-acre parcel located along the south side of Princess
Aiine Road, west of Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
By action of City Council, at the regular meeting June 6, 1983,
this matter is DEFERRED to the next scheduled meeting of the
Virginia Beach-City Council-at 2:00 PM Tuesday, July 5, 1983.
I. ORDINANCES
1. Ordinance to authorize temporary encroachment into a portion
of the right-of-way known as Denn Lane to Beachtowne Realty
Corporation.
2. Ordinatice to Amend and Reordaiti Chapter 37 Amending Sections
37-7, 37-8, 37-16, 37-23, 37-46, and 37-47, and adding
section 37-3.1 and 37-57 to the Code of the City of Virginia
Beach, Virginia, pertaining to Various Water Fees and Cbarges.
3. Ordinance to Amend and Reordain Chapter 28 by Amending Sections
28-3, 28-4, 28-9, and 28-26, and Adding Section 28-31 of the
Code of the City of Virginia Beach, Virgiiiia, pertaining to
Various Sewer Fees and Charges.
J. APPOINTMENTS
1. Arts and Humanities Commission
2. Eastern Virginia Health Systems Agency, Inc.
3. Social Services Board
4. Southeastern Virginia Planning District Commission.
K. UNFINTSHED BUSINESS
1. 1983 Virginia Municipal League Legislative Package.
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to Adjourn.
THE NEXT REGIJLAR MEETING OF
VIRGTNIA BEACH CTTY COUNCIL
WILL BE HELD:
TUESDAY JULY 5 1983.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 27, 1983
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, June 27, 1983 at Four Thirty-Five in the after-
noon.
Council Members Present:
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 Absent:
Robert G. Jones
June 27, 1983
Councilman Jones arrived at 4:40 p.m.
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ITEM # 20167
Mayor Jones 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 Virginia, 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
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, Council
voted 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., 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
June 27, 1983
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M A T T E R S B Y C 0 U N C I L
GORDON OLIVER APPLICATION ITEM # 20168
Councilman Jennings requested Council review the Gordon Oliver application
which was denied June 6, 1983. This matter will be presented for further
consideration July 5, 1983.
NlMMO CORNER ASSOCIATES ITEM # 20169
Councilwoman Creech presented for Council's attention the request to DEFER
until August 22, 1983, the application of Nimmo Corner Associates.
ATLANTIC PARK TARGET AREA ITEM # 20170
Councilman Jennings stated that residents of OCEANA GARDENS are taking
exception to their inclusion in the ATLANTIC PARK TARGET AREA. He asked
for clarification as to steps to be taken to avoid this inclusion.
Councilman Heischober requested a geographical map designating all Target Areas.
The City Manager's office is in the process of preparing same and will have
available for the next Council meeting (will include procedures to add/remove
areas to/from Target Areas).
FIRST COLONIAL BAPTIST
CHURCH ITFM # 20171
Councilman Heischober requested expedition of a Conditional Use Permit applica-
tion by FIRST COLONIAL BAPTIST CHTJRCH. This will be heard by the Planning
Commission July 12 and is requested to be heard by City Council August 1, 1983.
This item will be placed under "New Business" today.
CERTIFICATE ITEM # 20172
Vice Mayor Henley received a certificate on behalf of Mayor Jones entitled
"We Have It Made In Virginia" (expressed appreciation for participation in
the "We Have It Made In Virginia" campaign, a cooperative effort of Virginia's
public and private economic development sectors, to create greater awareness
of the many products made, grown, processed or assembled in Virginia by
companies providing jobs for Virginians). Said certificate bears the signature
of Governor Charles S. Robb and a copy is hereby made a part of the record.
June 27, 1983
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M A T T E R S B Y C I T Y M A N A C E R
TARGET NEIGHBORHOOD LAND
USE TASK FORCE ITEM # 20173
The City Manager commended the "Report of the Task Force and Recommendations"
prepared by the Target Neighborhood Land Use Task Force as "one of the best
organized reports" he has seen. He explained and noted recommendations. This
report was presented to all Council members. Said report is hereby made a
part of the records.
The City Manager made reference to:
i. Page 3, Item 7 ... "Retain the Task Force for one year..."
Suggested for communication purposes, this may be looked
upon as an Advisory Committee to the CAC.
ii. Page 2 of CAC remarks ... detail zoning (Reedtown) ... R-4
may not be appropriate ... may be too restrictive.
iii. Page 3 of CAC report ... Seatack ... Because the air rights
may be purchased by the Navy, there may not be any otpions.
Reverend Barnett Thoroughgood called attention to the seriousness of AICUZ.
The United States Navy is encroaching upon the community of Seatack (which has
been in existence for 100 years). No Federal assistance is given for "crash
zones".
Councilwoman Creech suggested having the Task Force look into the AICUZ
problem.
Mayor Jones received informal information from the United States Navy that
$6.2 million was approved for this purpose. The City will have no financial
responsiblity in this problem.
In response to a question posed by Councilman Jennings, the City Manager replied
the Citizens Advisory Committee would like to know, on a month-to-month basis,
of forthcoming zoning applications to enable them to advise Council, in advance,
as to whether the subject area is in a Target Area.
Councilman Kitchin requested an Inventory of Target Neighborhoods.
Councilman Heischober stated we do need a Comprehensive Study of the entire
area.
Task Force Chairman Ed Batten recommended members from the community in
question be allowed input.
BRIEFING ON PLANNING ITEMS TTEM # 20174
Recommendations of Vice Mayor Henley and Councilwoman Creech will be presented
at informal Briefings scheduled for July 18, 1983 at 1:00 p.m. (to include
Conditional Zoning, Agreements of Voluntary Compliance, Rezoning Process) AND
July 25, 1983 at 1:00 p.m. (to include Landscape Ordinance, Definitions
with the CZO, CIP Process, Major Right-of-Way Improvement Policy).
June 27, 1983
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INTERIM FINANCIAL STATEMENTS ITEM # 20175
Director of Finance, Giles G. Dodd, presented to Council "Interim Financial
Statements for the period July 1, 1982 through May 31, 1983" (copy of which
is hereby made a part of the record). It was determined that only one June
report would be given and the final report in September.
REVENUE BONDS ITEM # 20176
Councilman Baum asked clarification on the status of the City's position regarding
Industrial Revenue Bonds, to which the City Manager replied that Senators and
Representatives had been sent verbatim transcripts of a previous Council meeting
regarding this subject.
Councilwoman Oberndorf suggested the possibility of a resolution (rather than
a verbatim transcript) be prepared expressing the City's thoughts regarding
said Bonds. Mayor Jones stated this would be discussed with the City Attorney
in the Executive Session.
PERSONNEL POLICIES ITEM # 20177
City Manager Muehlenbeck called attention to Item 5 of the Consent Agenda
(Ordinance dealing with Personnel Policies) wherein it is requested this
item be deferred for two additional weeks for further review.
DAVID F. AND TTNA L. ELLIS
APPLICATION - STREET CLOSURE ITEM # 20178
The City Manager asked that Item #1 under Planning Items be deferred to
July 5, 1983. All papers are in order; however, the persons involved
have not signed the papers and returned them.
GAY VACATIONER ASSOCIATES
APPLICATION - STREET CLOSURE ITEM # 20179
Councilman Kitchen requested from the Planning staff rationale used for the
,'swap" in this application.
RECESS INTO EXECUTIVE SESSION ITEM # 20180
City Council recessed into EXECUTIVE SESSION at Five Thirty-Five in the afternoon.
June 27, 1983
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCTL
Virginia Beach, Virginia
June 27, 1983
7:30 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 T. E. Thieman, D.D.
Knotts Island Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 20, 1983
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Item II-D.1
MlNUTES ITEM # 20181
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE AS CORRECTED the Minutes of June 13, 1983.
Voting: 9-0
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
W. H. Kitchin, TII
June 27, 1983
-8-
Item II-D.2
MINUTES ITEM # 20182
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the Minutes of June 20, 1983.
Voting: 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,
Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
June 27, 1983
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Item II-E.1
PRESENTATTON ITEM # 20183
Mayor Louis R. Jones presented to the following a wooden circular City Seal
and a pin with a replica of the Cape Henry Lighthouse:
DOREN RAE MENDOZA "Miss Virginia Beach"
VALLERIE JOY FABER "Miss Tidewater"
MRS. JOAN BROOKE "Miss Virginia Beach" - 1963
Polly Pierce of the "Miss Virginia Beach/Tidewater Pageant" accompanied the
Virginia Beach Beauty Queens.
Item II-E.2
PRESENTATION ITEM # 20184
Mayor Louis R. Jones read a Proclamation declaring July Fourth, Nineteen
Hundred Eighty-Three, as INDEPENDENCE CELEBRATION DAY.
A copy of the Proclamation is hereby made a part of the record.
Mrs. Priscilla Beede accepted the Proclamation on behalf of the Green Run
Homes Association.
June 27, 1983
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Item II-E.3
ADD-ON
PRESENTATION ITEM # 20185
Mayor Louis R. Jones recognized the following:
Dr. Colin W. Hamilton, Past President, Virginia Beach Medical Society
Dr. R. E. ("Dick") Easton, Director, Virginia Beach Occupational Health
Inasmuch as Dr. Warren was unable to be in attendance, Dr. Hamilton, on behalf
of the Virginia Medical Society and the American Medical Association, presented
the Mayor an Award of ACCREDITATION. This is the second two-year award in
succession -- first one on June 22, 1981.
The Award was presented through the Mayor to:
The Medical Department
Virginia Beach Correction Center
In Recognition achieved NATIONALLY for the health care system provided to the
inmates of the Virginia Beach Correction Center.
There are approximately 4,000 jails in the United States of comparable size and
caliber to Virgini.a Beach. Of these, only 105 have EVER been accredited by the
Ainerican Medical Association in recognition of the high quality of the health
care delivery system implemented within the jail and supported by the private
medical community. The majority of those jails are given a ONE-YEAR accredita-
tion.
Virginia Beach is one of a total of only three (3) jails in the State of Virginia
which has been accredited by the American Medical Association and their agent,
American Health Care Consultants, Inc. in Chicago, Illinois. One of these other
jails is in Newport News and the other is in Northern Virginia.
Unique is that the Virginia Beach Correction Center has -- for the second time --
received a two-year accreditation -- with no lapse in time.
This is the result of support coordinated from all major City administration,
i.ncluding the City Manager, Finance Division, all health care delivery systems
with Sheriff Smith. This team effort results in an award given to a group of
people for their maintenance on a daily basis of the highly complex and, most
times, liability-ridden health care delivery system.
June 27, 1983
Item II-F.1
RESOLUTION ITEM # 20186
Alan J. Hofheimer, Attorney, and father of the applicant, spoke on the
Sandbridge Beach emergency situation.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED the Resolution authorizing certain sand grading activities by Susan H.
Crittenden, et al, at 3240 Sandfiddler Road - Sandbridge Beach - due to an
emergency situation caused by a storm on January 28, 1983.
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, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
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A RESOLIJTION AIJTHORIZING CERTAIN
SAND GRADING ACTIVITIES BY SUSAN
H. CRITTENDEN, ET ALS, AT 3240
SANDFIDI)LER ROAD - SANDBRIDGE BEACH
DUE TO AN FMERGENCY SITUATION CAUSED
BY A STORM ON JANUARY 28, 1983
WHEREAS, pursuant to S44-146.13, et seq. and subsection
3K of S62.1-13.25 of the Code of Virqinia, as amended, the
governing body of the City of Virqinia Beach may declare an
emergency for the purposes of authorizinq certain activities on
coastal primarv 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 san(i qra(ling activities on coastal primary
sand dunes qenerally involves several months; and
WHEREAS, due to the heavy rain and wind storm on
January 28, 1983, the h,-ach, shores and sand dunes located at
Sandbridqe Bpach .ierf-- s(@rioti,;ly erode(i causina a hazard to the
beach, shores and the property adiacent thereto and on February
7, 1983, City Cotincil authorized certain san(I qradinq activities
at Sandbridqe due to said emerqency situation; and
WTIERE4S, the maintance contractor employed by the
property owner-@ of 3240 Sandfiddler Road - Sandbridqe Beach
failed to replenish the eroded sand dunes adjacent to said
residence; and
WHEREAS, the property owners of the 3240 Sandfiddler
Road are fearful that the safety of their dwelling may he in
jeopardy iinles,; they are allowed to restore the sand dune
adjacent to said Owelli,@q.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRCINIA BEACH, VIRGINTA, that pursuant to SS44-146.13, et spo.
and subsection 3K of @62.1-13.25 of the Code of Virqinia, as
amended, an erne-rqency is dpclarpd on the sandv beach area and
sand dune east of 3240 Sandfiddler Road - Sandbridge Beach and
the City Manaqer may issue a sand gradinq permit pursuant to
-Ilb-
96-13 of the Code of the CitY of Virqinia Beach to conse,,e and
protect the beach and shore and propf--rty adiacent thereto upon
Proper application therewith.
This Resolution shall take effect immediately.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 27thd,y f June
1983.
DSH/re
(RES.3)
6/21/83
APPROVED AS TO CONTENT
DEPA@Tll,,,T
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-1 2-
Item II-F.2
RESOLUTION ITEM # 20187
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City
Council ADOPTED the Resolution providing for amendment to the Articles of
Incorporation of the Southeastern Public Service Authority of Virginia.
(Public Hearing held by City Council on May 23, 1983 regarding a proposed
resolution to amend the Southeastern Public Service Authority's Articles of
Incorporation.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
June 27, 1983
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A RESOLUTION PROVIDING FOR AMENDMENT
TO THE ARTICLES OF INCORPORATION OF THE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
BE IT RESOLVED by the Council of the City of Virginia Beach:
1. That the City of Virginia Beach (the "City") has found and
determined and does hereby declare that:
(a) The cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach and the counties of Isle
of Wight and Southampton have heretofore created the Southeastern
Public Service Authority of Virginia (the "Authority") pursuant
to the provisions of the Virginia Water and Sewer Authorities Act,
being Chapter 28, Title 15.1 of the Code of Virginia, 1950, as
amended, in the manner and for the purposes set forth therein.
(b) By certificate of amendment issued and admitted
to record in the office of the State Corporation Commission of
the Commonwealth of Virginia on January 23, 1976, the Articles of
Incorporation of the Authority were amended so as to change the
name of the Authority and so as to amend its purposes in certain
respects.
(c) The City, together with the other members of
the Authority, now desires to further amend the Articles of
Incorporation of the Authority by approval of the Articles of
Amendment of the Southeastern Public Service Authority of Virginia
set forth below, in accordance with the provisions of S15.1-1250
(o) of the Code of Virginia of 1950, as amended:
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ARTICLES OF AMENDMENT
OF THE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
The Articles of IncOrporation of the Southeastern Public
Service Authority of Virginia, as amended, shall be further
amended by striking out section (d) and substituting the
following:
(d) The purposes for which the Authority is to be formed
are to acquire, finance, construct, operate and maintain a water
system and a garbage and trash collection and disposal system,
all pursuant to the provisions of the Virginia Water and Sewer
Authorities Act.
The Authority may contract with the incorporating
political subdivisions, any sanitary district thereof or any
authority therein created pursuant to the Act to furnish water
service and garbage and trash collection and disposal service upon
such terms as the Authority shall determine; provided, however,
that the same schedule of service rates shall be applicable to
all such Political subdivisions unless the Authority, by unanimous
consent of its members, authorizes different service rates for
any one or more of tliem. The Authority is expressly prohibited
from contracting with any other party desiring a supply of water
except upon the written consent of the city or county within the
geographical boundary of which such party is located.
Pending compietion of the necessary engineering
studies and estimates, it is not practicable to set forth herein
preliminary estimates of capital costs and initial rates for
services of proposed projects.
2. That this resoiution shail become effective when the
cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
Virginia Beach and the counties of Isle of Wight and Southampton
have consented to the proposed articles of amendment and have set
forth the information herein contained by duly adopted concurrent
ordinance or resolution; and that upon the adoption of such
concurrent resolution or ordinance by the cities and counties
-3-
herein named, the proper officer of the City shall be authorized
to execute the Articles of Amendment of the Southeastern Public
Service Authority of Virginia, and his signature be attested by
the clerk under the official seal of the City.
3. That this resolution shall take effect from the date of
its adoption.
Adopted by City Council of Virgirila Beach on the Twenty-Seventh day of June,
Nineteen Hundred Eighty-Three.
NOTICE OF PROPOSED ADOPTION OF
RESOLUTION AND PUBLIC HEARING
Notice is hereby given of the proposed adoption by the
Council of the City of Virginia Beach of the following resolution
providing for amendment to the Articles of Incorporation of the
Southeastern Public Service Authority of Virginia:
BE IT RESOLVED by the Council of the City of Virginia Beach:
1. That the City of Virginia Beach (the "City") has found
and determined and does hereby declare that:
(a) The cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach and the counties of Isle
of Wight and Southampton have heretofore created the Southeastern
Public Service Authority of Virginia (the "Authority") pursuant
to the provisions of tlie Virginia Water and Sewer Authorities Act,
being Chapter 28, 'I'itle 15.1 of the Code of Virginia, 1950, as
amended, in the manner and for the purposes set forth therein.
(b) By certificate of amendment issued and admitted
to record in the office of the State Corporation Commission of
the Commonwealth of Virginia on January 23, 1976, the Articles of
Incorporation of the Authority were amended so as to change the
name of the Authority and so as to amend its purposes in certain
respects.
-2-
(c) The city, together with the other members
of the Authority, now desires to further amend the Articles of
Incorporation of the Authority by approval of the Articles of
Amendment of the Southeastern Public Service Authority of Virginia
set forth below, in accordance with the provisions of SS15.1-1250
(o) of the Code of Virginia of 1950, as amended:
ARTICLES OF AMENDMENT
OF THE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
The Articles of Incorporation of the Southeastern Public
Service Authority of Virginia, as amended, shall be further
amended by striking out section (d) and substituting the
following:
(d) The purposes for which the Authority is to be formed
are to acquire, finance, construct, operate and maintain a water
system and a garbage and trash collection and disposal system,
all pursuant to the provisions of the Virginia Water and Sewer
Authorities Act.
The Authority may contract with the incorporating
political subdivisions, any sanitary district thereof or any
authority therein created pursuant to the Act to furnish water
service and garbage and trash collection and disposal service upon
such terms as the Authority shall determine; provided, however,
that the same schedule of service rates shall be applicable to
all such political subdivisions unless the Authority, by unanimous
consent of its members, authorizes different service rates for
any one or more of them. The Authority is expressly prohibited
from contracting with any other party desiring a supply of water
except upon the written consent of the city or county within the
geographical boundary of which such party is located.
Pending completion of the necessary engineering
studies and estimates, it is not practicable to set forth herein
preliminary estimates of capital costs and initial rates for
services of proposed projects.
-3-
2. That this resolution shall become effective when the
cities of Chesapeake, Franklin, Norfolk, Pc@rtsmouth, Suffolk and
Virqinia Beach and the counties of Isle of Wight and Southampton
have consented to the proposed articles of amendment and have set
forth the information herein contained by duly adopted concurrent
ordinance or resolution; and that upon the adoption of such
concurrent resolution or ordinance by the cities and counties
herein named, the proper officer of the City shall be authorized
to execute the Articles of Amendment of the Southeastern Public
Service Authority of Virginia, and his signature be attested by
the Clerk under the official seal of the City.
3. Tliat this resolution shall take effect from the date of
its adoption.
A public hearing on the adoption of the proposed resolution
will be held on 1983, at
Any interested persons or groups may appear at the time and
place listed above and will be given an opportunity to present
testimony or offer comments regarding the adoption of the proposed
resolution. Persons wishing to submit written comrnents may do so
by submitting them to the hearing officer at the public hearing or
sending them directly to
on or before 1983.
-13-
Item II-F.3
RESOLUTION ITEM # 20188
Reverend Barnett Thoroughgood spoke on the Jobs Bill Funds.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City
Council ADOPTED a Resolution authorizing the City Manager to make application
to the U. S. Department of Housing and Urban Development for Jobs Bill Funds
in the amount of $740,000.
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, Ill, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-13a-
Requested by the Office of Housing and Community Development
RESOLUTTON AUTHORIZING THE CITY MANAGER
TO MAKE APPLICATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR JOBS BILL FUNDS IN THE
AMOUNT OF $740,000
WHEREAS, the President of the United States signed the
Emeraency Jobs Appropriations Sill of 1983 on May 19, 1983; and
WHEREAS, this Bill provides funds to the City of
Virginia Beach to carrv out certain activities authorized by this
Bill; and
WHEREAS, the City of Virqinia Beach has conducted a
public hearinq to receive recommendations for the use of these
funds; and
WHEREAS, several activities have been developed which
meet the objectives of the Jobs Bill Funds; and
WHEREAS, the City of Virqinia Beach is desirous of
carrying out these activities.
'L40W, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRRINIA BEACH, VIRIGNIA:
TfiAT the Citv Manaaer is hereby authorize(I and directed
to cause such information or material, as may be necessary, to be
provided to the U.S. Department of Housing and Urban Development
which will pernit the review and approval of the City's Jobs Bill
Application for $740,000.
AND BE IT FTJR"PHER RESOLVED, that the Council of the
City of Virginia Reach (lives its asstirance that the iltent of the
Jobs Bill will be complied with in full; and
BE IT FURTHEP RESOLVED, that the U.S. Department of
Housing and Urban Development is respectfully requested to assist
in the prompt aporoval and fundinq of the subject program in
-13b-
order that the public interest of the City of Virginia Beach may
be protected.
Adopted bv the Council of the Citv of Virginia Beach,
Virginia on the 27th day of June
1983.
DSH/re
6/20/83
(RES.3)
APPROVED AS TO CO:@!:@@
APAROVED Al@ 0 T@@
CIIY I
-2-
-14-
Item II-F.A
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
ITEM # 20189
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
voted to ADOPT the following Resolutions:
1. Resolution approving the Issuance of Industrial Development
Revenue Bonds for U. S. HABITATS ($2,700,000).
2. Resolution approving the Issuance of Industrial Development
Revenue Bonds for DONALD E. HARVEY AND JOAN E. HARVEY ($920,000).
3. Resolution approving the Issuance of Industrial Development
Revenue Bonds for TPD ASSOCIATES ($200,000).
4. Resolution approving the Issuance of Industrial Development
Revenue Bonds for ECPI OF TIDEWATER, VIRGINIA, INC. ($5,850,000).
5. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to BONNEY ROAD ASSOCIATES ($1,850,000).
6. Resolution approving the Issuance of Industrial Development
Revenue Bonds for ARROWHEAD ASSOCIATES ($325,000).
7. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond for FAIRFIELD SHOPPING CENTER ($800,000).
8. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to GREAT NECK VILLAGE ASSOCIATES
($300,000).
9. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bonds to PETERSON-QUICK II, A VIRGINIA GENERAL
PARTNERSHIP ($525,000).
10. Resolution of City Council approving the Plari of Financing and
Issuance of Industrial Development Revenue Bonds to HOLLAND CENTER
ASSOCIATES ($700,000).
11. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to HARBOR LIGHTS, INC. ($2,000,000).
12. Resolution approving the Issuance of Industrial Development Revenue
Bonds for MARK F. GARCEA ($600,000).
13. Resolution of City Council approving the Issuance of Industrial
Development Revenue Bond to HKH ASSOCIATES II ($650,000).
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
Harold Heiscbober, H. Jack Jennings, Jr.
June 27, 1983
-14a-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: U. S. Habitats
Location-. Holland Road & Windsor Oaks Boulevard
Description of Project: Professional Office Facility
Amount of Bond Issue: $2,700,000
Principals: C. Roy Kelley
James V. Bickford
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of June 1983.
On motion by Councilman McCoy
and seconded by Councilwoman Creech the following
Resolution was aTop-te@.
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
U. S. HABITATS
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application of
U. S. Habitats (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $2,700,000 (the Bonds) to assist in the
financing of the Company's acquisition, construction and
equipping of a professional office facility (the Facility) in
Virginia Beach, Virginia, and has held a public hearing
thereon on June 14, 1983; and
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City),
to approve tlie 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
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The 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 the
Company, 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 endorse-
ment of the Bonds or the creditworthiness of the Company,
but, pursuant to Cliapter 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. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
,T
',T
city i,@ uz;q-.y
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Donald E. and Joan E. Harvey
Location: 1428 Southern Boulevard
Description of Project: Commercial Building
Amount of Bond Issue: $920,000
Principals: Donald E. Harvey
Joan E. Harvey
A nieeting of the Council of the City of virqinia Beach, Virginia, was held
in the council chambers, in the A@istration Building, on the 27th day of
June, 1983.
On motion by Councilman McCoy and seconded by
Councilwoman Creec@ , the followi-ng Resolution was adopted.
RESOUJTION r)F CITY COLNCIL APPFDMG THE
ISSUANCE OF IND(JSTRTAL DEVETOP@ REVEt4m
BoND TO DONALD E. HARVEY AND JOAN E. HARVEY
WHEREAS, the City of Virginia Beach Development Autliority of Virginia Beach,
Virginia (the Authority), has considered the application of Dc)nald E. Harvey and
Joan E. Han7ey (tlie CoWany) for the issuanc)e of the Authority's industrial
devel@nt revenue bond in an @mt (estimated at) $920,000-00 (the BOnd) tO
assist in the financing of the C@y's acquisition, construction, and @pping
of a building for ccnvercial use (the Facility) in Virginia Bear-h, Virginia, and
has held a public hearing thereon on June 14, 1983.
1 , the Authority has requested the City Council (the Council) Of
Virginia Beach, Virginia (the City), to approve the issuance of the BOnd tO
conply with Section 103(k) of the Internal Revenue Code of 1954, as -ded;
and
@- , a copy of the Authority's resoluticn approving the issuance Of the
Bond, subject to tenns to be acjreed upon and a reoc)rd of the public hearing has
been filed with the Clerk of the Council;
BE IT WSOLVED BY THE CITY COUNCIL OF THE CITY Ov VIWINTA BEACH, VIRGPM:
1. The Council of the City of Virginia Beach, Virginia, auproves the
issuance of the Bond bY the Citv of Virginia Beach Develo-mmt Authority of
Virginia Beach, Virginia, for the benefit of Dc)nald E. Harvey and Joan E. H-y'
to the extent required by Section 103(k) of the Intemal Revenue Code, to pe-it
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 cx)nstitute an endorsement of the Bond or the creditworthiness of the
ccnparry, but, pursuant to Chapter 643 of the vircjinia Acts of Asserrbly of 1964,
as amnded, the Bond shall provide that neither the CitV nor the Authority shall
be obligated to pay the Bond or the interest thereon or other cc)sts incident
thereto except frctn the revenues and mneys pledged therefor, and neither the
faith or credit nor the taxing power of the c@nwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect intrediately upon its adopticn.
AdoPted by the Council of the City of Virginia Beach, Virginia, on
27 1983.
C
D A@R r@E T
APPJZCV,'D Al TOf ORM
@7
T@
CITY ATTORNEY
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: TPD Associates
Location: Parcel R, Crusader Circle - OWIP
Description of Project: Office/Warehouse Facility
Amount of Bond Issue: $200,060
Principals: Kelly S. Telford
Bradford R. Herrington, Jr.
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of /June 1983.
On motion by Councilman McCoy
and seconded by Councilwoman Cree h@ the o ow ng
Resolution was a opte .
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
TPD ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application of
TPD Associates (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $200,000 (the Bonds) to assist in the financing
of the Company's acquisition, construction and equipping of
an office and warehouse facility (the Facility) in Virginia
Beach, Virginia, and has held a public hearing thereon on
June 14, 1983; 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
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The 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 the
Company, 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 endorse-
ment 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. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on 27 June 1983.
T
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVEIOPNENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: ECPI of Tidewater VA, Inc.
Location; 5600 Southern Boulevard
Description of Project: Training Center for Computer
Electronics
Amount of Bond Issue: $5,850,000
Principals: Alfred P. Dreyfus
Mildred L. Dreyfus
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of June 1983.
On motion by Councilman McCoy
and seconded by Councilwoman Creech the following
Resolution was adopted. -
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR ECPI OF TIDEWATER
VA., INC.
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application
of ECPI of Tidewater Va., Inc. (the Company) for the issuance
of the Authority's industrial development revenue bonds in an
amount not to exceed $5,850,000 (the Bonds) to assist in the
financing of the Company's acquisition, construction and
equipping of a training center for computer electronics
programming, maintenance and repair (the Facility) in
Virginia Beach, Virginia, and has held a public hearing
thereon on June 14, 1983; 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
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, 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
ECPI of Tidewater Va., Inc., 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 endor-
sement 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. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVETOPMENT AUTHORITY
INDUSTRIAt DEVETOPMENT REVENUE BOND
Project Name: Bonney Road Associates
Location: 4536 Bonney Road
Description of Project: Office Building Facility
Amount of Bond Issue: $1,850,000
Principals: George Dragas, Jr.
Marcus Dragas
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of June 1983.
On motion by Councilman McCoy
and seconded by Councilwoman Creech the following
Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO BONNEY ROAD ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority), has
considered the application of Bonney Road Associates (the
Company) for the issuance of the Authority's industrial deve-
lopment revenue bond in an amount not to exceed $1,850,000
(the Bond) to assist in the financing of the Company's
construction and equipping of an office building facility
(the Facility) for lease in Virginia Beach, Virginia, and has
held a public hearing thereon on June 14, 1983.
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 have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beacii Development Authority of Virginia Beach,
Virginia, for tlie benefit of Bonney Road 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 endorse-
ment of the Bond or the creditworthiness 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 Commonwealth, the
City, or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
AS TO C@'JTENT
C I T
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Arrowhead Associates
Location: 5801 Arrowhead Drive
Description of Project: Office/Warehouse Facility
Amount of Bond Issue: $325,000
Principals: Dennis R. Deans
Douglas D. Ellis
Edward L. Lieland, Jr.
J. Vincent McPhillips
Gary B. Ruffner
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 7,hday of 1983.
On motion by Councilman McCoy
and seconded by Counciiwoman Creecn the tollowing
Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
ARROWHEAD ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority (the Authority) has considered the application of
Arrowhead Associates (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $325,000 (the Bonds) to assist in the financing
of the Company's acquisition and renovation of an office and
warehouse facility (the Facility) for lease in Virginia
Beach, Virginia, and has held a public hearing thereon on
June 14, 1983; 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
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of
Arrowhead Associates, 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 endorse-
ment 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 tlie Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
CO',@TENT
IT
@',:)IFCRM
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Fairfield Shopping Center
Location: Providence Road near Lord Durunore Drive
Description of Project: Commercial Facility
Amount of Bond Issue: $800,000
Principals: W. W. Reason
Henry A. Shook
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, 'in the Administration
Building, on the @ da,y of 0 1983.
On motion by H. McCoy, Jr-and seconded by Nancy Creech
the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMEMT REVENUE
BOND FOR FAIRFIELD SHOPPING CENTER
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Reach, Virginia (the "Authority"), has considered the appli-
cation of Fairfield Shopping Center (the "Company") for the issuance
of the Authority's industrial development revenue bond or bonds in an
amount estimated at $800,000.00 (the "Bonds") to assist in the
financing of the Company's acquisition, construction, and equipping of
a commercial facility (the "Project") in Virginia Beach, Virginia, and
has held a public hearing thereon on June 14, 1983;
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virqinia (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 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 approves the issuance of the Bonds by the
Authority for the benefit of Fairfield Shopping Center, to the extent
required by Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Project.
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. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 1983.
CO',.TENT
l' 0 F/D R M/
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Great Neck Village Associates
Location: Great Neck Road near Mill,Dam Road
Description Of Project: commercial Facility
Amount of Bond Issue: $300,000
Principals: Henry A. Shook
V. H. Nusbaum, Jr.
Stanley L. Harrison
Marc Jacobson
Walter Maskall
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 27 day of June , 1981.
On motion by H. McCoy, Jr. and seconded by Nancy Creech
the following Resoluti n was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO GREAT NECK VILLAGE ASSOCIATES
WHEREAS, the City of Virginia Reach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the appli-
cation of Great Neck Village Associates (the "Company") for the
issuance of the Authority's industrial development revenue bond or
bonds in an amount estimated at $300,000.00 (the "Bonds") to assist
in the financing of the Company's acquisition, construction, and
equipping of a commercial facility (the "Project") in Virginia Beach,
Virginia, and has held a public hearing thereon on June 14, 1983.
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 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 approves the issuance of the Bonds by the
Authority for the benefit of Great Neck Village Associates, to the
extent required by Section 101(k) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Project.
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 lq64, 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 pledqed thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on i 1983.
C;)NTEt4T
1.@ 1,0 FOP.M
V
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Peterson-Quick II
Location: Intersection of Green Meadow Drive and
Independence Boulevard
Description of Project: Offic6 Park Facility
Amount of Bond Issue: $525,000
Principals: John H. Peterson, Jr.
Stephen B. Quick, III
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the
Administration Building, on the ?7th day of June, 1983.
On motion by and seconded
C,,,n,ilwoman Cr@@,h
by the f. lowing Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
PLAN OF FINANCING OF
PETERSON-QUICK II, A VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application and plan of
financing of Peterson-Quick II, a Virginia general partnership
(the Company) for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $525,000
(the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of an office park to
be comprised of one to three office buildings, containing in
the aggregate approximately 8,400 square feet (the Facility)
to be located on a .75 acre parcel of land at the intersection
of Green Meadow Drive and Independence Boulevard in Virginia
Beach, Virginia, and has held a public hearing thereon on
June 14, 1983; 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, a copy of the Authority's resolution approving
the plan of financing, 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:
-2-
1. The Council of the City approves the plan of
financing by the Authority for the benefit of the Company, 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 plan of financing, as
required by Section 103(k), does not constitute an endorsement
of the Bond or the creditworthiness of the Company, but,
pursuant to Chapter 643 of the 1964 Acts of the General
Assembly of Virginia, as amended, the Bond 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. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City on June 27 1983.
7.0 CCNTENT
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Holland Center Associates
(Formerly Irwin Hurwitz, D.D.S.)
Location: 3400 Block of Holland Road
Description of Project: Medicai/General Office Building
Amount of Bond Issue: $700,000
Principals: Irwin Hurwitz
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 27th day of June, 1983.
On motion by and seconded by
, Cou7c Resolution was adopted.
Councilwoman Creech the o=MgcCoy
RESOLUTION OF CITY COUNCIL APPROVING THE
PLAN OF FINANCING OF AND
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS TO HOLLAND CENTER ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the application
and plan of financing of liolland Center Associates (a proposed general
or limited Virginia partnership) (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount estimated
at Seven Hundred Thousand Dollars ($700,000.00) (the Bonds) to assist in
the financing of the Company's acquisition, construction and equipping
of a medical/general office building facility (the Facility) in Virginia
Beach, Virginia, and after proper notice in a newspaper of general cir-
culation, has held a public hearing on June 14, 1983, at the Authority's
office at 401 Lynnhaven Parkway, Virginia Beach, Virginia; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the plan of
financing and issuance of 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 approving the
plan of financing and 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, appro-
ves the plan of financing and issuance of Bonds by the City of Virginia
Beach Development Authority for the benefit of Holland Center
Associates, 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 and issuance of the
-1-
Bonds, as required by Section 103(k), does not cons.titute an endorsement
of the Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of the 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 inci-
dent 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 shELII be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on June 27, 1983.
5.14.16.C
TO CONTENT
!T
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Harbor Lights, Inc.
Location: 3260 Shore Drive
Description of Project: Motel Facility
Amount of Bond Issue: $2,000,000
Principals: C. G. Erb
George Korzensky
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of June
198 3.
on motion by and
seconded by Creech t e following reso-
lution was aj
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO HARBOR LIGHTS, INC.
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority) has
considered the application of Harbor Lights, Inc. (the
Company) for the issuance of the Authority's industrial
development revenue bond in an amount not to exceed
$2,000,000.00 (the Bond) to assist in the financing of the
acquisition, construction, and equipping of a motel facility
(the Facility) in Virginia Beach, Virginia, and has held a
public hearing thereon on June 14, 1983
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 Tnternal 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 of Virginia Beach,
Virginia, for the benefit of HARBOR LIGHTS, INC., 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 endorse-
ment of the Bond or the creditworthiness of the Purchaser,
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
Commonwealth, the City or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
eah:h
cr.hl.c
[gar]
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name: Mark F. Garcea
Location: 209 Parker Lane
Description of Project: Manufac@uring & Assembly of Electrical
Parts and Equipment
Amount of Bond Issue: $600,000
Principals: Mark F. Garcea
A meeting of the Council of the CitY of Virginia Beach,
Virginia, was held in the Council Chambers, in the
Administration Building, on the 27th day of June
1983.
On motion by Councilman McCoy and
seconded by Counci woman reec the following
Resolution was adopted:
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR
@IARK F. GARCEA
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Mark F.
Garcea (the Company) for the issuance of the Authority's
industrial development revenue bonds in an amount not to
exceed $600,000.00 (the Bonds) to assist in the financing of
the Company's acquisition, construction, and equipping of a
plant for the manufacture and assembly of electrical parts
(the Facility) in Virginia Beach, Virginia, and has held a
public hearing thereon on June 14, 1983; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virqinia 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 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 -.HE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Mark F. Garcea, 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
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. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on J..e 27 1983.
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
ProjeCt Name: HKH Associates II
Location: Corner of Starfish Dtive and Shore
Drive
Description of Project: Shopping Center
Amount of Bond Issue: $650,000
Principals: A. Russell Kirk
Daniel A. Hoffler
Robert Hofheimer, Jr.
John Cote
Irvin Mervis
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the day of 1983.
On motion by Councilman McCoy
and seconded by Coun@ci woman Creech the following
Resolution was a opte .
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO HKH ASSOCIATES II
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority), has
considered the application of HKH Associates II, a Virginia
general partnership (the Company) for the issuance of the
Authority's industrial development revenue bond in an amount
not to exceed $650,000 (the Bond) to assist in the financing
of the Company's construction of a shopping center facility
(the Facility) to be located at the corner of Starfish Drive
and Shore Drive in Virginia Beach, Virginia, and has held a
public hearing thereon on June 14, 1983.
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 have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority of Virginia Beach,
Virginia, for the I)enefit of HKH Associates II, 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 Chapter 643, 1964 Acts of
Assembly 975, 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
Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on June 27 1983.
-2-
-15-
Item II-G
CONSENT AGENDA ITEM # 20190
William R. Wahab spoke in favor of Item #6 (Wycliffe Presbyterian Church
ordinance) of the Consent Agenda.
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED the Consent Agenda in ONE MOTION, except Items 1, 3 and 7.
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
June 27, 1983
-16-
Item II-G.1
CONSENT AGENDA ITEM # 20191
The following residents of Oceana, who were neither in favor nor opposition,
expressed concern for being linked with Atlantic Park/Seatack:
E. E. Cayce
Irma E. Bell
Norma Morrill
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City
Council ACCEPTED the Target Neighborhood Land Use Task Force Study.
Voting: 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,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 27, 1983
-17-
Item II-G.2
CONSENT AGENDA ITEM # 20192
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council voted to ADOPT the Resolution expressing the intent of the City of
Virginia Beach to conduct certain contract negotiations with the Army Corps
of Engineers relating to the Lake Gaston Water 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
June 27, 1983
-17a-
REQUESTED BY: DEPARTMENT OF PUBLIC UTILITIES
A RESOLUTION EXPRESSING THE INTENT OF
THE CITY OF VIRGINIA BEACH TO CONDUCT
CERTAIN CONTRACT NEGOTIATIONS WITH THE
ARMY CORPS OF EN(-INEERS RELATING To THE
LAKE GASTNN WATER PROJFCT
WHEREAS, the City of Virc
,jinia Beach has previously
determined that Lake Gaston is the best alternative available to
supply the future water needs of the City; and
WHEREAS, the water flow into Lake Gaston is regulated by
the Army Corps of Enqineers ("Corps") throuqh upstream releases
from John H. Kerr Reservoir; and
WHEREAS, the City of Virqinia Beach wishes to enter int,
negotiations with the Corps to obtain a contractual aqreement
reall,ocatinq water storaqe in Lake Kerr for water supply purposes
for Virqinia Beach; and
WHEREAS, the Corps has expressed a willingness to enter
into such neootiations subject to a Resolution of Intent by the
City Council.
NOW, THEREFORE, RE IT RESOLVFD RY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City hereby expresses its willinqness and
intent to enter contractual neqotiations with the Corps for
reallocation of water supply in Lake Kerr pursuant to lawful
authority granted to it by the provisions of SS15.1-875, Code of
Virginia, 1950, as amended.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the- 27th day of June 1983.
RHM/da
(RES 2)
6/8/83
6/17/83
-18-
Item IT-G.3
CONSENT AGENDA 1TEM # 20193
Gil Holt, Concordia Enterprises, represented Amhurst Apartments.
Edward Gibbs, 560 Davis Street, represented Amhurst Homeowners Association.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, CitY
Council ADOPTED the Resolution of approval by the City of Virginia Beach of
the Virginia Housing Development Authority's financing of a proposed multi-
family residential housing project called Amhurst Apartments.
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
June 27, 1983
-18a-
REQUESTED BY: OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
RESOLUTION OF APPROVAL BY THE CITY
OF VIRGINIA BEACH OF THE VIRGINIA
HOUSING DEVELOPMENT AUTHORITYIS
FINANCING OF A PROPOSED
MULTI-FAMILY RESIDENTIAL HOUSING
PROJECT CALLED AMHURST APARTMENTS.
WHEREAS, pursuant to Section 36-55.39(B) of the Code of
Virginia, the Virginia Housing Development Authority is not
empowered to finance any housing development undertaken by a
housing sponsor pursuant to certain housing development programs
within sixty days after written notification of the proposed
financing to the governing body unless the governing body
certifies its approval of the proposed housing development; and
WHEREAS, the City of Virginia Beach was notified by
letter dated May 9, 1983, that the Virginia Housing Development
Authority is considering the financing of a multi-family
residential housing development called Amhurst Apartments; and
WHEREAS, the developer of Amhurst Apartments desires
that the City of Virginia Beach approve the Virginia Housing
Development Authority's financing of the proposed project in
order that consideration may be given by VHDA to finance said
project prior to July 8, 1983.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
In accordance with the Virginia Code Section
36-55.39(B), the City Council of the City of Virginia Beach,
Virginia hereby approves the Virginia Housing Development
Authority's financing the proposed multi-family residential
housing development called Amhurst Apartments - Ayslebury Drive.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 27th day of June, 1983.
APPROVED AS TO CONTEI@ i
DSH/re SIGNATURE
6/3/83
(RES.3) DEPARTMENT
All
-18b-
CERTIrICATION OF APPI40VAL
In accordance @ith Virginia Code Section 36-55.39(B),
the City Council of , Virginia, hereby
certifies to the Virginia Housing Development AUthority its
approval of the proposed multi-family residential housing
development called
as expressed in its resolution duly adopted on
19-, a certified copy of which is attached hereto.
City Council of
virginia
By:
Its Mayor
ATTACHMENT "A"
The proposed development willt consist of approximately 88 units of
non subsidized family housing, to be financed under the Virginia
Housing Dev6lopment Authority's Conventional'Multi-Family Loan
program, to be situtated on approxitnately 4.824 acres, generally
known as Amhurst Phase 111. at the southern terminus of the pro-
posed Ayslebury Drive. south of its intersection with Davis Way,
in the City of Virginia Beach.
-19-
Item II-G.4
CONSENT AGENDA ITEM # 20194
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council voted to ADOPT a Resolution authorizing the City Manager to employ
for the Department of Economic Development two permanent employees and delete
two temporary employee positions.
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, ITI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-19a-
REQUESTED BY: DEPARTMENT OF ECONOMIC DEVELOPMENT
A RESOI,UTION ATITHORIZING THE CTTY MANAGER
TO EMPLOY FOR THE DEPARTMENT OF ECONOMTC
DEVELOPMENT TWO PERMANENT EMPLOYEES AND
DELETE TWO TEMPORARY EMPLOYEE POSITIONS
WHEREAS, the 1983-84 budqet for the Department of
Economic Development authorizes the employment of four (4)
part-time, temporarv Cate(jory IV employees for staffing the Cape
Henry Lighthouse and the Coast Guard Station Museum; and
WHFREAS, the Department of Economic Development no
longer provides staffina for the Lighthouse or Coast Guard
Station; and
WHEREAS, the Department of Economic Development has been
asked to increase its staffinq of the Visitors Information Center
and to keep the Center open seven (7) days a week; and
WHEREAS, the T)Ppartment of Economic Development has
requested that two (2) of the four (4) part-time, temporary
Cateqory IV emplovees be empl.oyed as part-time, permanent Public
Information Clerks to be assigned to the Visitors Information
Center and that the other two (2) part-time, temporary Cateqory IV
positions be eliminated; and
WHEREAS, sufficient funds have been budgeted to pay the
salaries of the two (2) new part-time, permanent employees.
NOW, THEREFORF, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGTNIA:
That the City Manaqer is hereby authorized to employ
through th(- Department of Economic Development two (2) part-time,
permanent Public Information Clerks and to delete from the
Department of Economic Develooment two (2) part-time, temporary
Cateqory IV positions.
Adopted by the City Council of the City of Virqinia
Beach, Virqinia, on the 27th day of June 1983.
CMS/da
(RES 2)
6/22/83
-20-
Item 11-G.5
CONSENT AGENDA ITEM # 20195
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council voted to DEFER to July 11, 1983, an Ordinance to amend and reordain
Chapter 2 of the Code of the City of Virginia Beach, Virginia, by amending
Sections 2-71, 2-81, 2-83, 2-84, 2-86, 2-101, 2-104, 2-108, 2-111, 2-112,
2-114, 2-116 and adding Sections 2-83.1, 2-83.2, 2-117 and 2-118 pertaining
to Personnel Policies.
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
June 27, 1983
-21-
Item II-G.6
CONSENT AGENDA ITEM # 20196
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance authorizing the Trustees of Wycliffe Presbyterian
Church to take and hold title to more than four acres of land within the City
of Virginia Beach, Virginia, as provided by Section 57-12 of the Code of
Virginia (1950), subject to certain limitations.
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
June 27, 1983
-2la-
AN ORDINANCE AUTHORIZING THE TRUSTEES OF
WYCI,IFPE PRESBYTERIAN CHURCH TO TAKE AND HOLD
TITLE TO MORE THAN FOUR ACRES OF LAND WITHIN
THE CITY OF VIRGINIA REACH, VIRGINIA, AS
PROVIDED BY SECTION 57-12 OF THE CODE OF
VIRGINIA (1950), SUSJECT To CERTAIN
LIMITATIONS
WHEREAS, the Trustees of Wycliffe Presbyterian Church
presently hold title to approximately eiqht (8) acres of land
abutting Great Neck Road, in the City of Virginia Beach,
virqinia; anrl
WHEREAS, the said Trustees desire to be in compliance
with Virqinia Code Section 57-12 of the Code of Virqinia and hold
title to said Church land, in the name of the Trustees; and
WHEREAS, Section 57-12 of the Code of Virqinia (1950)
requires the said Church Trustees to obtain authorization from
this Council in order to hold title to more than four (4) acres
of land at any one time within the City of Virginia Beach; and
WHEREAS, the said Trustees have made proper application
to hold title to the said eiqht (8) acres of land more or less.
NOW THEREFORF, RE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGTNIA:
Section 1 - That the Trustees Of Wycliffe Presbyterian
Church are hereby authorized to hold title to those certain two
(2) parcels of land toqether comprising approximately eiqht (8)
acres more or less, and described as follows:
PARCEL 1
ALL THAT certain lot, piece or parcel of
land, with the improvements thereon and
the appurtenances thereunto belonginq,
known, and designated as Parcel 'B' 7.6166
acres on that certain "PLAT OF PROPERTY OF
GREAT NECK HOUSING CORPORATION, LYNNHAVEN
MAGISTERIAL DISTRICT, J:,RINCESS ANNE
COUNTY, VIRGINIA, MARCH 14, 1956, SCALE:
1"=200"' which plat is duly recorded in
the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in
Map Book 42, at paqe 9.
PARCEL 2
ALL THAT certain lot, piece or parcel of
land, with improvements thereon and the
appurtenances thereunto belonqinq, known,
numbered anrl desiqnated as Lot 1, Block 13
on "SHEET ONE OF TWO, SU8DIVISION OF GREAT
-2lb-
NECK ESTATES, SECTION ONE, LYNNHAVEN
MAGISTERIAL DISTRICTP PRINCESS ANNE
COUNTY, VIRGINIA, SCALE: 1'=IOO'f
DECEMBER, 1956," which plat was recorded
in the Clerk's Office aforesaid in Map
Book 43, at page 28.
Section 2 - That the land hereinhefore described shall
be held and utilized by the aforesaid Trustees only for the
purposes set forth in Virqinia Code Section 57-7 et seq. of the
Code of Vircjinia (1950).
Adopted by the Council of the City of Virqinia Beach,
Virqinia on the 27th day of June 1983.
6/21/83
(C)
APPROVED AS TO CONTENT
SIGN.TU@E
DEPA@Tll,,T
AP@OVED A
C!;
-2-
-22-
Item II-G.7
CONSENT AGENDA ITEM # 20197
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED, on SECOND READING, an Ordinance to accept a Grant from the
Department of Corrections totaling $164,800 and to appropriate these funds
for the Virginia Beach Community Diversion Program.
Voting: 9-2
Members Voting Aye:
John A. Baum, Nancy A. Creecb, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
Harold Heischober, H. Jack Jennings, Jr.
Council Members Absent:
None
June 27, 1983
-22a-
AN ORDINANCE TO ACCEPT A GRANT FROM
THE DEPARTMEN-1 OF CORRECTIONS TOTALING
$164,800 AND TO APPROPRIATE THESE FUNDS
FOR THE VIRGINIA BEACH COTIMUNITY DIVERSICN
PROGRAM.
WHEREAS, the Virginia General Assembly has enacted the
Community Corrections Incentive Program which makes funds available
to jurisdictions within the Commonwealth for the purposes of
diverting qualified non-violent offend,rs from the State peni-
tentiaries for the purpose of rehabilitating these offenders and
allowing them the opportunity to make restitution for their
crimes; and
WHEREAS, the city of Virginia Beach is currently
operating such a program; and
WHEREAS, the Virginia Department of Corrections has
approved the necessary funding to continue the Virginia Beach
Community Diversion Program to accomplish the objectives stated
above:
NC)W, THEREFCRE, BE IT CRDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept
the grant for the City and funds are hereby appropriated for the
following purposes:
Estimated Revenue Local Total
from Other Agencies Match Approp.
Community Diversion Program $164,800.00 $0.00 $164,800.01
BE IT FURTHER ORDAINED that two personnel positions are
hereby authorized for the durations of the grant to be paid from
the grant with the classes of the employees to be determined by
the City Manager.
FIRST READING: June 20, 1983
SECOND READING: June 27, 1983
Adopted by the Council of the City of Virginia Beach on
the 27th day of June 1983.
@1-:ITVIT
Zs
-23-
Item II-C.8
CONSENT AGENDA ITEM # 20198
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED, on FIRST READING, an Ordinance to accept Grants totaling
$34,682 from the Department of Criminal Justice Services, and to appropriate
these funds and a local contribution to $29,860.
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, TTI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-23a-
AN ORDINANCE To ACCEPT
ING $34,682 FROM THE
DEP OF JIJSTICE
SERVICES, AND TO APPROPRIATE
T'HESE FU4DS AND A CCNTRI-
BLITICN OF $29,860
WHEREAS, the City Council is interested in improving tlie Juvenile
JuStice SystEfn within the City of Virginia Beach, and
, grants totaling $34,682 frcrn the Departrnent of Criminal
Justice Services (DCJS) have been awarded to the City for this purpose, re-
quiring a local contribution of $29,860.
NOW, THEREFURE, BE IT ORDAMM BY THE COLNCIL OF THE CTRY OF IA
BEAr-H, VIRGINIA:
That funds totaling $34,682 fran the above grants be accepted and that
these and a local contribuiton of $29,860 be appropriated for FY-84 as follows:
Runaway Hotline Program $ 6,952
L<)cal Match 18,440
Sierra II Wilderness Stress Progrean 27,730
Local Match 11,420
Total Appropriation $64,542
That the appropriations be financed by $34,682 estimated revenue fran
DCJS, with a local contribution of $29,860 fran the General Fund Balance, and
That one personnel positicn be continued as currently authorizecl for
the Runaway Hotline Program, to be paid frcrn the grant, with the mplayee class
to be detennined by the City Manager.
This ordinance shall be effective fran the date of adoption.
Adopted by the Comcil of the City of Virginia Beach m the day
Of , 1983.
FIRST READING: June 27, 1983
MCOND READING:
To CONIENT
DEPAR,-N@T
TO F
-24-
Item IT-G.9
CONSENT AGENDA TTEM # 20199
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of
$49,100 to provide for additional classroom and office space for Tidewater
Virginia Alcohol Safety Action Program (TVASAP).
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
June 27, 1983
-24a-
AN ORDTNANCE TO APPRORRIATE
FUNDS OF $49,100 TO PROVIDE
FOR AF)DITIONAI, CLASSROOM AND
OFFICE STIACE FOR TIDEWATER
VIRGINIA AI,COHOL SAFE'Y ACTION
PROGRAM (TVASAP)
WHEREAS, TV,ASAP i,@ in need of additional classroom
and offi.ce space 1)(,catts(@ of the increasing number of
court r(,,ferr,,ils in both Virginia Beach and Norfolk
and beeause of th@, redtiction in classroom time at
the Norfolk Community Centers when TVASAP holds
meetings, and
WHEREAS, additional space can be provided by
tbe expansion of t,he TVASAP location in Virginia
Beach on Cleveland Street and the relocation of
TVASAP in Norfolk to a site on Hampton Boulevard, and
WHEREAS, the cost for the additional space
which includes rent, classroom modifications, utilities,
supplies, and other items totals $49,100, and
WHEP.EAS, funds may be appropriated for these
costs from the TVASAP Fund Balance.
NOW TIIERI@IFORE BE IT ORDAINEI) BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $49,100 be
appropriat(@d from the Fund Balance of TVASAP to
provide TVASAT) witli additional classroom and office
space at itF4 local,ion on Cleveland Street and a
location on liampton Boulevard.
BE IT FIJRTIIER ORDAINEI) that the City Manager is
hereby authorized to exe,,cute the appropriate lease
agreements for TVASAP ror this additional space.
The ordinanc(@ sh@,ill be effective from the date
of its adoption.
Adopt(,d I)y th(, Cotincil of the City of Virginia
Beach, Virgiiiia on day of 1983.
FIRST READINC:: June 27, 1983
SECOND RLIADING:
T
-25-
Item II-G.10
CONSENT AGENDA ITEM # 20200
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to transfer funds of $50,000 within the Depart-
ment of Public Works for a Water Quality Study for Mt. Trashmore I.
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
June 27, 1983
-25a-
AN ORDINANCE TO TRANSFER
FUNDS OF $50,000 WITHIN
THE DEPARTMENT OF PUBLIC
WORKS FOR A WATER QUALITY
STUDY FOR MT. TRASH@TORE I
WHEREAS, a preliminary study on the water quality
of the grotind and stirface wat(,,r at Mt. Trashmore I
alleviat(l,d @om(@ h(@alth and environmental concerns but
indicat,ed that, a mor(@ comprehensive study needed to
be undertaken t,o more accurately determine the quality
of wat,or al N't, Tra.@limore I and the surrounding areas, and
WIIEREAS, an ind(,ptli sttidy of the water quality will
includ(,, ol'f-sitf@ work and is estimated to cost $50,000, and
WHEREAS, thc, D(Ipartm(,nt of PubLic Works desires to
contract for this study and has the necessary funding
by tran,,I@(,r within its operating budget from the City
Garagc, cli@irg(@s t(@coiint.
NOW, TIIEREFORE, 8E IT ORDAINEI) BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $50,000 be
transf(,rr(,d rrom available sources within the operating
budg(,t of lh(@ f)(,part,ment of Public Works for a water
quality stii(ly f'or @,it. Trashmore 1.
Adopt(,d b.@, C'oun(,ii of the City of Virginia Beach
on the 27th dty of June 19 83
-26-
Item II-G.11
CONSENT AGENDA ITEM # 20201
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to transfer appropriations between Capital Pro-
jects to close out completed Capital Projects.
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
June 27, 1983
-26a-
AN ORDINANCE TO TRANSFER APPROPRIATIONS
BETWEEN CAPITAL PROJECTS TO CLOSE-OUT
COMPLETED CAPITAL PROJECTS
WHEREAS, various capital projects have been completed and it is neces-
sary to close-out the financial records of these projects, and
WHEREAS, some completed projects have excess and scyme insufficient
appropriations, and
WHEREAS, the close-out requires appropriations and expenditures be
equal for each completed project,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that appropriations be transferred between capital projects as enumerated
below to allow the close-out of completed capital projects.
Project Class/Project Amount
School Proiects:
Transfer to:
1-934 College Park Elementary Gym + 17,324
1-935 Linkhorn Park Elementary Gym + 25,115
Transfer from:
*1-904 New Cox Senior High - 42,439
Net Change -0-
Highway Projects:
Transfer to:
2-706 North Beach Storm Drainage - Phase I + 73,294
*2-816 Indian River Road - Phase II + 2,805
2-913 Nawney's Creek Bridge Replacement + 12,194
Transfer from:
2-104 Great Neck Road - Phase I - 21,500
2-602 Bulkheading - 6th to 4th Street - 19,386
2-812 Oceana N.A.S. Entrance - 35,919
2-970 Lynnhaven Inlet Dredging - 11,488
Net Change -0-
Building Projects:
Transfer to:
*3-603 Constitutional Officers' Building
Renovation + 7,525
Transfer from:
3-827 Fire Station #9 - Kempsville - 7,525
Net Change -0-
-1-
-26b-
Project Class/Project Amount
Parks and Recreation Proiects:
Transfer to:
4-202 Bayville Farm + 3,221
4-306 Great Neck Park + 21,191
Transfer from:
*4-802 Woodstock Park - 1,115
*4-915 Lynnhaven Park Racquetball Court Addition - 23,297
Net Change -0-
Water Projects:
Transfer to:
*5-907 North Virginia Beach Mains + 441,171
5-930 Fresh Groundwater Test + 25,597
*5-936 General Booth Boulevard - Phase I + 105,000
5-943 Norfolk and Appomattox River Authority + 18,947
Transfer from:
- Improvements to Sites - 18,947
5-808 Independence Boulevard - Thoroughgood - 350,319
5-905 Witchduck Road and Independence Boulevard - 221,449
Net Change -0-
Sewer Projects:
Transfer to:
*6-604 North Virginia Beach + 560,286
6-801 Cape Henry Shores Sewers + 9,367
Transfer from:
6-403 Thoroughgood Area Sewers - 569,653
Net Change -0-
Community Development Projects:
Transfer to:
*2-904 Doyletown Streets + 11,720
2-942 Beechwood Streets + 41,465
Transfer from:
5-955 Beechwood Water - 14,618
6-800 Seatack Streets - Phase IV - 38,567
Net Change -0-
*Active Projects
Adopted by the Council of the City of Virginia Beach on the - 27th day
of 19@.
APPROVED.E.3 TO CONIF@!T
:T
'M
-2-
IZITY A@1OR14EY
-2 7-
Item II-G.12
CONSENT AGENDA ITEM # 20202
Upon moti.on by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance authorizing tax refunds upon application of
certain persons and upon certification of the City Treasurer for payment.
Tax refund amount: $1,303.60.
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
June 27, 1983
M NO. C,A. 7
-27a-
6/8/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CEFTTAIN PEFISONS
AND UPON CERTIFICATION OF THE TREASUFTER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem- Ditto Penalty lnt. Toul
Y ear of Tax Number tion No. Paid
tlantic Permanent S & L 83 RE(1/2) 83024-8 12/5/82 168.00
tlantic Pemanent S & L 83 RE(1/2) 83026-2 12/5/82 537.29
& D Associates 83 RE(2/2) 80091-2 12/5/82 25.66
rc Jacobson, Attorney 83 RE(1/2) 83838-4 3/1/83 135.11
ewport News S & L 83 RE(1/2) 10330-0 12/5/82 34.72
OY & Gretchen Marshall 83 RE(1/2) 52013-6 10/27/82 22.18
Newnan 83 RE(1/2) 59956-0 12/5/82 33.31
uy Newman 83 RE(1/2) 59954-2 12/5/82 71.55
erence L Switzer 83 pp 138839-4 5/8/83 9.00
avid S Edinger 82 pp 37541-8 5/29/82 57.00
ack M Kennedy 82 pp 69771-3 9/27/82 19.30
ack M Kennedy 83 pp 78212-9 5/26/83 7.50
lexander L Van Wormer 83 pp 158289-7 5/8/83 84.78
reeman & Hudgins 83 pp 49689-4 5/12/83 40.50
bert D Holt 82 pp 60504-2 5/26/82 20.70
B Warner 83 Dog V14067 5/10/83 7.00
harles B Wynne 83 Pkng 64888 5/16/83 15.00
regory Clifton 83 Pkng 61600 4/28/83 15.00
Total 1,303.60
This ordinance shall be effeclive from date of adopt'ion.
The above abatement(s) totaling M,
- - were approved by
the Council of the City of Virginia
Beach on the@ day of .- u e 198.3
A ved as to form:
Ruth Hodges Smith
City Clerk
-28-
Item IT-G.13
ADD-ON
CONSENT AGENDA ITEM # 20203
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED the request for a Raffle Permit by Virginia Beach Maritime
Historical Museum.
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, Ill, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-29-
Item II-H.1
PLANNING ITEM ITEM # 20204
Attorney Dave Miller represented the applicants.
Thomas E. Snyder spoke in opposition to the application.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council voted to DEFER to July 5, 1983, an Ordinance closing, vacating and
discontinuing a portion of that certain street 30 feet wide running north
between Hatteras Road and Citation Drive located in Kempsville Borough in
the petition of DAVID F. AND TINA L. ELLIS per the following:
(Council approved this request on November 1, 1982.)
ORDINANCE UPON APPLICATION OF DAVID F. AND TINA L.
ELLIS FOR THE CLOSURE OF A PORTTON OF AN UNDEVELOPED
30-FOOT RIGHT-OF-WAY
Ordinance upon application of David F. and Tina L.
Ellis for the discontinuance, closure and abandonment
of a portion of an undeveloped 30-foot right-of-way
as shown on that plat entitled "Carolanne Farm -
Section One" and recorded in the Office of the Clerk
of Circuit Court in Map Book 47, Page 621-A, running
north from Hatteras Road to Citation Drive. Said
parcel contains 7200 square feet more or less.
M PSVILLE BOROUGH.
Approval will be subject to the following:
1. Resubdivision of the property and the vacation of the existing
lot lines to avoid the creation of nonconforming lots and to
ensure that all lots have access to a public street.
2. Compliance with the above-stated conditions within 180 days,
and final approval by City Council should not take place until
all conditions are met.
Voting: 10-0
Council Members Voting Aye:
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:
John A. Baum
June 27, 1983
*Councilman Robert G. Jones gave a verbal "aye".
-30-
Item II-H.2
PLANNING ITEM ITEM # 20205
Attorney Grover Wright represented the applicant.
Gerald A. Cox, architect for the project, was in favor of tbe application.
In opposition to the application were the following:
Lacy Robeson
Bruce Murphy
Edward T. Caton
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City
Council voted to DEFER to July 5, 1983, the Ordinance closing, vacating and
discontinuing a portion of Thirty-Fourth Street in the petition of GAY
VACATIONER ASSOCIATES (Virginia Beach Borough) per the following:
ORDINANCE UPON APPLICATION OF GAY VACATIONER ASSOCIATES
FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A
PORTTON OF 34th STREET
Ordinance of Gay Vacationer Associates for the dis-
continuance, closure and abandornnent of a portion of
34th Street beginning at the eastern boundary of
Atlantic Avenue and running in an easterly direction
a distance of 150 feet. Said parcel is 60 feet in
width and contains 9000 square feet. VIRGINIA BEACH
BOROUGH.
Approval is subject to the following:
1. Conveyance to the City of adjoining property to the north of
equal size and area as the portion of street to be closed in
order to provide equivalent access to the beach and boardwalk.
2. Provision of right-of-way improvements, as required by City
staff, on the parcel to be conveyed to the City.
3. Redirection of drainage and outfall systems along the existing
34th Street.
4. This closure shall not take place until dedication and improve-
ment of the relocated right-of-way to the north is completed.
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, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
June 27, 1983
-31-
Item II-H.3
PLANNING ITEM ITEM # 20206
Attorney Dave Miller represented the applicant.
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
voted to APPROVE the application of FRANCIS E. PRITCHARD, JR. for a Conditional
Use Permit per the following:
ORDINANCE UPON APPLICATION OF FRANCIS E. PRITCHARD, JR.
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
RESIDENCE R0683549
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Francis E. Pritchard, Jr.
for a Conditional Use Permit for a single-family
residence in the AG-1 Agricultural District on cer-
tain property located 600 feet east of Blackwater
Road beginning at a point 2696 feet south of West
Gibbs Road, running a distance of 873.73 feet along
the nortbern property line, running a distance of
442.42 feet along the eastern property line, running
a distance of 828.15 feet along the southern property
line and running a distance of 300 feet along the
western property line. Said parcel contains 6.5
acres. BLACKWATER BOROUGH.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
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 C. 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
June 27, 1983
-32-
Item 11-H.4
PLANNING ITEM ITEM # 20207
Julian Keith represented Tread Quarters.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the application of KIMMEL AUTOMOTIVE, INC.,
t/a TREAD QUARTERS, for a Conditional Use Permit for mounting and balancing
tires per the following:
ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE, INC.
T/A TREAD QUARTERS, FOR A CONDITTONAL USE PERMIT FOR
MOUNTING AND BALANCING TIRES R0683550
BE TT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA:
Ordinance upon application of Kimmel Automotive, Inc.,
t/a Tread Quarters, for a Conditional Use Permit for
mounting and balancing tires on certain property
located at the southeast corner of Holland Road and
Diana Lee Drive, running a distance of 361.79 feet
along the south side of Diana Lee Drive, running a
distance of 386.90 feet along the eastern property
line, running a distance of 374 feet along the southern
property line, running a distance of 305.07 feet along
the east side of Holland Road and running around a
curve a distance of 43.36 feet. Said parcel contains
3.197 acres. PRINCESS ANNE BOROUGH.
The following may be required:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Batun, 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
June 27, 1983
-33-
Item II-H.5
PLANNING ITEM ITED4 # 20208
Geraldine Woodfall represented herself.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
voted to APPROVE, subject to conditions stated, the application of GERALDINE
WOODFALL for a Conditional Use Permit for a home occupation (day care).
ORDINANCE UPON APPLICATION OF GERALDINE WOODFALL FOR
A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY
CARE) R0683551
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Geraldine Woodfall for
a Conditional Use Permit for a home occupation (day
care) on certain property located on the north side
of 19th Street beginning at a point 200 feet east of
Mediterranean Avenue, running a distance of 50 feet
along the north side of 19th Street, running a dis-
tance of 140 feet along the eastern property line,
running a distance of 50 feet along the northern
property line and running a distance of 140 feet
along the western property line. Said parcel is
located at 511 19th Street and contains 7,000 square
feet. VIRGINIA BEACH BOROUGH.
The following may be required:
1. City water and sewer.
The following will be required:
1. This use restricted to a maximum of 16 children.
2. Approval is for a period of two years.
3. Construction of a new facility (a large room added to the
rear of the existing home).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
June 27, 1983
-34-
Item II-H.6
PLANNING ITEM ITEM # 20209
Sam Scott, Jr. represented the applicant.
upon motion by Councilman Jennings, seconded by Councilman Jones, City Council
voted to APPROVE, subject to conditions stated, the application of MnTl ZONED
PROPERTIES, INC., A LIMITED PARTNERSHIP, for a change of Zoning from B-2 to
A-2 per the following:
ORDINANCE UPON APPLICATION OF MULTI ZONED PROPERTIES,
A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING DIS-
TRICT CLASSIFICATION FROM B-2 TO A-2 Z0683730
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA:
Ordinance upon application of Multi Zoned Properties,
a Limited Partnership, 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 Lynnhaven Road beginning at a
point 40 feet more or less south of Silina Drive,
running a distance of 260 feet along the east side of
South Lynnhaven Road, running a distance of 600 feet
along the southern property line, running a distance
of 600 feet along the eastern property line and running
a distance of 500 feet along the northern property
line. Said parcel contains 5 acres. LYNNHAVEN
BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
The following will be required:
1. Disclosure to respective lessees and/or purchasers regarding
Crash and Noise Zones.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
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 C. Jones, W. B. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
June 27, 1983
-35-
Item II-H.7
PLANNING ITEM ITEM # 20210
Attorney Dave Miller represented the applicant.
Those in opposition to the application were:
Kay Flohre, representing Laurel Cove Civic League
Lori Lee, representing the children of North Lakeside Drive
Evelyn Blackman, representing the adults of North Lakeside Drive
Max C. Gunn, Jr., representing Great Neck Association of Civic Leagues
Upon motion by Councilman Jennings, seconded by Councilman Jones, City Council
voted to uphold the recommendation of the Planning Commission and DENIED the
application of BISSETT REALTY, INC. for a Change of Zoning from R-4 to 0-1.
Ordinance upon application of Bissett Realty, Inc. for
a Change of Zoning District Classification from R-4
Residential District to 0-1 Office District on the
northwest corner of North Great Neck Road and North
Lakeside Drive on Lot 1, Section 1, Eastwood Manor.
Property located at 1345 North Great Neck Road and
contains 13,504 square feet. 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
June 27, 1983
-36-
Item II-H.8
PLANNING ITE4 ITEM # 20211
Attorney Grover Wright represented the applicant.
Cynthia Rhodes voiced opposition to apartments being constructed on this parcel.
Valarie Williams voiced opposition to the application.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council
voted to APPROVE the application of NEWTOWN PLAZA ASSOCIATES, A LIMTIED PARTNER-
SHIP, for a Change of Zoning from B-2 to A-2.
A SUBSTITUTE MOTION was made by Councilman Jones to approve this application,
subject to 76 units per acre. Substitute motion was LOST for lack of a second.
ORDINANCE UPON APPLICATION OF NEWTOWN PLAZA ASSOCIATES,
A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING FROM B-2
TO A-2 Z0683731
BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINTA BEACH, VIRGINIA:
Ordinance upon application of Newtown Plaza Associates,
a Limited Partnership, for a Change of Zoning District
Classification from B-2 Community-Business District
to A-2 Apartment District on certain property located
on the south side of Baker Road beginning at a point
680 feet east of Newtown Road, running a distance of
1148.86 feet along the northern property line, running
a distance of 540 feet more or less along the eastern
property line, running a distance of 1238.36 feet
along the southern property line, running a distance
of 293 feet in a northeasterly direction, running a
distance of 63 feet in a southeasterly direction and
running a distance of 513 feet in a northeasterly
direction. Said parcel contains 16 acres more or less.
BAYSIDE BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required.
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Construction of two 12-foot lanes at Baker Road in accordance
with plans on file with the Department of Public Works/
Engineering Division.
4. On-site retention of stormwater or upgrading of downstream
drainage facilities (should the PAVAB pit be used as outfall,
upgrading of this facility's outfall may also be required).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
June 27, 1983
-3 7-
Item II-H.8
PLANNING ITEM ITEM # 20211 (continued)
Voting: 6-5 (MAIN MOTION)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, iii,
Reba S. McClanan, and Meyera Oberndorf
Council Members Absent:
None
June 27, 1983
-38-
Item II-H.9
PLANNING ITEM ITEM # 20212
Evelyn Munden, principal in Nimmo Corner Corporation, requested deferral of
the application to August 22, 1983.
Walt Vargo, President of Council of Civic organizations, requested the applica-
tion be heard July 5, 1983.
Rae H. LeSesne of the Council of Civic organizations spoke in opposition to the
application.
John Moss of the Pembroke Manor Civic League telephoned his opposition to the
City Clerk prior to the meeting.
A motion made by Councilwoman Creech, seconded by Councilman Jennings, to
DEFER the application of NIMMO CORNER CORPORATION for a Change of Zoning from
R-3 to R-5.
ORDINANCE UPON APPLICATION OF NI@10 CORNER CORPORATION
FOR A CHANCE OF ZONING FROM R-3 TO R-5
Ordinance upon application of Niinmo Corner Corporation
for a Change of Zoning District Classification from
R-3 Residential District to R-5 Residential District
on certain property located on the south side of
Princess Anne Road beginning at a point 1200 feet
more or less west of Oceana Boulevard, running a
distance of 2200 feet more or less along the south
side of Princess Anne Road, running a distance of
3322.50 feet in a southeasterly direction, running
a distance of 2219.30 feet in a northeasterly direction,
running a distance of 758 feet in a northwesterly
direction and running a distance of 1171.50 feet in a
northerly direction. Said parcel contains 103 acres.
PRINCESS ANNE BOROUGH.
The following may be required:
1. Standard improvements as required by the Subdivision Ordinances.
2. City water and sewer.
The following will be required:
1. A variable width dedication along the frontage on Princess
Anne Road, 45 feet from the construction centerline (M.B.
165, page 32) to provide for an ultimate 90-foot right-of-
way as per the Master Street and Highway Plan. Note: A
portion of the right-of-way needed along the frontage on
Princess Anne Road is being acquired with the General Booth
Boulevard Project Phase I (see M.B. 165, page 32).
2. The applicant voluntarily agreed to record a deed restriction
limiting development of this site to a maximum of 268 units.
June 27, 1983
-39-
Item II-H.9
PLANNING ITFM ITEM # 20212 (continued)
Voting. 3-8 (LOST TO NEGATIVE VOTE)
Council Members Voting Aye:
Nancy A. Creech, H. Jack Jennings, Jr., Robert G. Jones
Council Members Voting Nay:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
BY PREVIOUS ACTION OF CITY COUNCIL, AT THE REGULAR MEETING JUNE 6, 1983, THIS
MATTER WAS DEFERRED TO THE NEXT SCHEDULED MEETING OF THE VIRGINIA BEACH CITY
COUNCIL AT 2:00 P.M. TUESDAY, JULY 5, 1983.
June 27, 1983
-40-
Item II-1.1
ORDINANCE ITEM # 20213
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to ADOPT the Ordinance to authorize a temporary encroach-
ment into a portion of the right-of-way of Denn Lane to BEACHTOWNE REALTY
CORPORATION.
ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACINENT INTO
A PORTION OF THE RIGHT-OF-WAY OF DENN LANE TO BEACHTOWNE
REALTY CORPORATION
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
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, TIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-40a-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF DENN LANE TO BEACHTOWNE
REALTY CORPORATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Beachtowne Realty Corporation is authorized to
construct and maintain a temporary encroachment into a portion of
the City right-of-way of Denn Lane.
That the tem.porary encroachment herein authorized is
for the purpose of erectinq an office identification sign and
that said encroachment shall be constructed in accordance with
the City of virqinia Beach Public Works Department's
specifications as to size, aliqnment 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 Denn
Lane, as shown on that certain plat
entitled: 'WITCHDUCK OFFICE COURT SIGN
DETAIL," a copy of which is on file in
the virainia 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 Reach to any officer of Beachtowne Realty Corporation
and within thirty (30) days after such notice is given, said
encroachment shall be removed from the City riqht-of-wav of Denn
Lane by Beachtowne Realty Corporation and that Beachtowne Realty
Corporation, its assigns and successors shall bear all costs and
expenses of such removal.
And PROVIDFD FIJRTHER, that it is expressly understood
and agreed that Beachtowne Realty Corporation, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its aqents and employees from and against all
claims, damaqes, losses, and expenses includinq reasonable
-40b-
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 Beachtowne Realty Corporation executes an
agreement with the City nf Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted bv the Council of the City of Virginia Beach,
Virginia, on the 27th day of June 19 83.
6/2 3/8 3
(29C)
-2-
-41-
Item TI-I.2
ORDINANCE TTEM # 20214
Attorney Grover Wright suggested the Ordinance be effective upon site plan
filing date; thereafter, 60-90 day approval.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
voted to ADOPT, as AMENDED, the Ordinance to amend and reordain Chapter 37
amending Sections 37-7, 37-8, 37-16, 37-23, 37-46, and 37-47, AND adding
Section 37-3.1 and 37-57 to the Code of the City of Virginia Beach, Virginia,
pertaining to various Water Fees and Charges.
The AMENDMENT to the stated Ordinance shall read as follows:
"This Ordinance shall be effective July 1, 1983, except
for subdivisions and site plans currently filed with
the City and under review. Such subdivisions and site
plans shall pay fees based on rates existing prior to
June 27, 1983. The above exception shall expire on
September 1, 1983."
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37 AMENDING
SECTIONS 37-7, 37-8, 37-16, 37-23, 37-46, AND 37-47,
AND ADDING SECTTON 37-3.1 AND 37-57 TO THE CODE OF
THE CITY OF VIRGINTA BEACH, VIRGINIA, PERTATNTNG TO
VARIOUS WATER FEES AND CHARGES, AS AMENDED
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heiscbober, Vice Mayor
Barbara M. Henley, 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:
H. Jack Jennings, Jr. and Reba S. McClanan
June 27, 1983
-4la-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 37 AMENDING SECTIONS 37-7,
37-8, 37-16, 37-23, 37-46, AND
37-47, AND AR-)DING SECTION 37-3.1
AND 37-57 TO THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO VARIOUS WATER FEES
AND CHARCFS, AS AMENDED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIP.:
That Sections 37-7, 37-8, 37-16, 37-23, 37-46, and
37-47 of the Code of the Citv of Virginia Beach, Virqinia, are
hereby amended and reordained to read as follows and Sections
37-3.1 and 37-57 are added to read as follows:
Section 37-3.1. Wheelinq contracts for military installations.
The director O@ P"blic utilities is hereby authorized
to contract with the tlnited States Government to wheel water from
Norfolk to military installat
subjec
manaqer and citv council.
Section 37-7. Tap and meter installation fees; impact fee.
+a+ The followinq fees shall be paid for connections to a
citY water line and for the installation of water meters:
9+us -e e 7
1metert nt
C-(5@t--ef
'a, Tap and meter fe@S:
(1) 5/8 inch and 3/4 inch tap:
Tap and meter $285.00
Meter nlv
(2) 1 inch tap:
Tap and meter $370.00
Meter only $240.OIT
(3) 1 1/2 inch or larger tap and/or meter:
Cost of labor, materials, and equipment, plus
twenty-five percent (25%).
(4) +b+ When the installation requires a combination
of a different size tap and meter than listed
above, the charges will be based on cost of labor,
materials and ectuipment, plus twenty-five (25) per
cent.
(b) Water resource impact fees:
(1) Meters of 1 inch or less $65.00
(2) Meters over I inch $130.00
(c) For taps in excess of one (1) inch, an amount shall be
placed in escrow shel+-be based on an estitnate of costs by the
director of public utilities.
Section 37-8. Water system impact fees (line fees), aenerally.
(a) The fees prp-s(,,ribed by the followinq subsections of
this section shall he r)aid as the T)roperty owner's share of the
cost of water system installation, such fees to be known as 'line
fees." Such fees shall also be applicable to a use or structure
presently connected to the water system whenever such use or
structure is expanded, chanced or modified. In such cases, the
fees shall be determined on the basis of the total proposed new
use or structure, less a credit, at current rates, for the
existing use or structure or the last structure, if previously
demolished; provided, the property has not been vacant for more
than ten (10) years. No credit shall be allowed after ten (10)
years.
-2-
(b) The property owner's share of system installation,
where connection is made to a line or pumping station being a
part of the system within the city installed or purchased by the
city, shall be as follows:
(1) Sirql(--family residences:
a. For the first 100 feet, or portion
thereof, of frontaqe: $500@Gg $650.00.
b. For each foot of frontaqe in excess of
100 feet: $STOG $6.50.
In cases where the front footaqe is 1.5 or more
times qreater than the rear yard footaqe, the front
footaqe, for the purposes of this subsection, shall
be determined by addinq the front and rear yard
lenqths and (lividinq that sum by two (2). Whenever
a water line is located on two (2) sides of a
parcel, the shorter side shall be the one upon
which the determination of front footaqe shall be
calculated. Whenever a water line is located on
only one side of a parcel, that side shall be used
for the purpose of front footaqe. In cases where
there are frontages on residences zoned for
aqricultural use which are larqer than the minimum
frontaoe reqliir,-ments for residential property, the
director of the der)artment of public utilities may
authorize line fees to be computed based on the
minimum front footaqe for residential property for
each dwelling unit on the property. In cases where
ther@ are frontages on residences zoned for
residential use, but actually used for
agricultural, horticultural, forest or open space
and currently classified and taxed for such use by
the real estate assessor, the director of public
titilities may authorize line fees to be computed
based on the minimum front footage for residential
property for each dwellinq unit on the propertyt,
provided that, in either of the aforementioned
-3-
cases, the owners of such property shall siqn an
agrpem,-nt, to be recorded against the property,
that at the time the property is further developed
or subdivided or changes title or experiences a
chanqe in tax classification, full fees will become
due and payable. The rates applicable will be
those prevailing at the time the change to the
propertv takes place and will be based on the land
use type which will be in effect after the change.
For purposes of line fees only, single-family
residences with detached-apartment units shall be
charqed in accordance with the fees set forth in
subsection (3) below.
(2) Motels and hotels, per unit: 04+GTGO $400.00.
(3) Structures with two (2) or more family residential
units, per unit: $a6GTGG $470.00.
(4) Nursinq and convalescent homes, per room
[calCLIlated at two (2) beds = one (1) room):
$425rR9 $160.00.
(5) Trailers, per space; r;,46@TGG $210.00
(6) Professional and office buildinqs, per 600 scruare
feet of buildinq area: 6425-.GG $160.00.
(7) Retail stores, restaurants and shopping centers,
per square foot of floor space: $OTG9 $0.12.
(8) Industrial, manufacturinq, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: OeTO9 $0.12.
(9) Separate warehouse facilities used for storage
only, where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $GTGR $0.03.
(10) In all cases where the use or structure is not
described hereinabove, line fees for the building,
-4-
structure, addition, modification or expansion
thereto shall be computed as follows:
a. The estimated dail,v flow of the proposed use
shall first be determined by the department
of public utilities, based on similar actual
flows of comparable uses, takinq into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flows; then
b. This estimated daily flow will be divided by
400, yielding a demand units fiqure; then
C. This demand units figure will be multiplied by
the minimum fee applicable to a single-family
residence.
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit, in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. through
c. above.
(c) The property owner's share of system installation
costs, where the property owner must construct an extension to
the public water system, which is to become a part thereof, to
@ovide service to a specific parcel or parcels, as shown on the
approved construction plans, shall be as follows:
-of-a
sy,4L-em-wi.t)t i-m -L hf- -e4 L-w - in-il-a i led -or -Igtirehage4 -eve ral I-or-in-19&rt
-pre]5er L-V-te -perl,
(1) Sinqle-family residences, each: 0+90700 $250.00.
-5-
(2) Motels and hotels, per unit: O+aGoo $155.00.
(3) Strtictures with two (2) or more family units, per
unit: $+35799 $175.00.
(4) Nursing and convalescent homes, per room
[calculated at two (2) beds = one (1) room]:
$957GO $125.00.
(5) Trailers, per space: $95-.GG $125.00.
(6) Professional and office buildinqs,
per 600 square
feet of buildinq area: $%STGO $125.00.
(7) Retail stores, restaurants and shoppinq centers,
per square foot of floor space: $e-.93 $0.04.
(8) Industrial, manufacturing, wholesale, assembly,
processinq and distribution facilities, domestic
use, per square foot of floor space: OOTG3 $0.04.
(9) Separate warehouse facilities used for storage
only where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $0.01.
(10) in all cases where the use or structure is not
described hereinabove, line fees for the buildinq,
structure, a(idition, modification or expansion
thereto shall be computed as follows:
a. The esti.mated daily flow of the proposed use
or structure shall be first determined by the
department of public utilities, based on
similar actual flows for comparable uses or
structures, taking into account the hours of
operation, type of use, location and other
criteria determinative of estimated flow;
then
b. This estimated daily flow will be divided by
yieldinq a demand units fiqure; then
C. This demand units figure will be multiplied by
the minimum fee applicable to a sinqle-family
residence.
-6-
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit, in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. through
c. above.
(d) A special water line fee for seasonally operated
campsite parks connected to any city water main is hereby
established. Such fee shall be
ninety-five dollars ($95.00) per camp space. For this fee to be
applicable, the owner must enter into a contract with the city
providing that, at such future time as the camp park is converted
to year-round use, the fees specified in subsections (b)(5) and
(c)(5) of this section shall be applicable and that the owner
shall pay the difference in such fees at the time of conversion
to year-round use-.
(e) In no event shall any line fee for any purpose
eniimerated in this sp-ction be less than the amount calculable if
the use in question were a sinqle-fatpily residence. Where more
than one use or more than one structure is to occur on a sinqle
parcel of land, the miniinum amount shall apply separately to each
individual use or structure.
(f) No building permit shall be valid and no water or sewer
tap shall be installed for any property until the fees provided
for in this section have been paid, except as otherwise provided
in this article.
(g) In the case of existinq contract agreements between
owners and the city reqardinq fees and waiver of fees, such
agreements shall remain in effect.
Section 37-16. Account initiation and re-establishrnent charges.
(a) There shall be a fifteen dollar ($15.00) fee charged
each new customer to cover administrative costs connected with
establishing a water account with the City.
-7-
(b) All owners or their authorized agents, after
knowledqe that their Dremises have been vacated, shall promptly
notify, in writinq, the department of public utilities to shut
off the consumer supplv r)f water thereto. Upon receipt of such
notification, the department of public utilities shal.1
effectually shut off the water to such Premises and at the same
time record the readinq of the meter. when the service is so
shut off, their shall be a fifteen dollars
($15.00) charge for restoring such service.
+b+ (c) Any consumer may keep his water service intact
during the vacancy of any premises by paying the minimum meter
maintenance charqes and minimum water usage charqes set forth in
article II of this chapter.
fe+ (d) Where it is necessary to remove a meter, or where
the removal of a Meter is requested by the owner of the premises
or his authorized agent, the charge for reinstallation of the
meter shall be twentv-five dollars ($25.00) for all meters up to
two (2) inches and, for all meters two (2) inches or greater, the
charge shall include the cost of labor, materials and equipment,
plus twenty-five (25) percent
fd+ (e) Whenever water service is abandoned, the charges
for reconnection of service shall be as provided for in section
37-7.
Section 37-23. Use of water for private fire protection systems.
(a) No city water shall be used for private fire protection
systems, unless the customer installs, at his cost, a detector
check valve and by-pass meter of a type and at a location
approved by the department of public utilities.
(b) The customer shall pay the cost of all labor, materials
an(i equipment for any facility installed by the departtnent of
public utilities in order to accommodate a private fire
protection system, plus twenty-five (25) percent
(c) No person shall tise water from a private fire
protection system, other than for extinguishing a fire, without
the written consent of the director of public utilities. If
water from a private fire protection system is used in a manner
not authorized herein, all water usaqe shall be cut off, unless
such unauthorized use is terminated immec3iately upon notice from
the department of public utilities and payment is made for all
water so used.
(Cl) No charue shall. he made for water used to extinguish
fires, but a three dollars and
forty-five cents ($3.45) monthly service fee is herebv imposed
for reading and maintaininq meters and inspecting the
systems.
Section 37-46. Minimurn service availability charges prescribed.
Each consumer shall pay a monthly minimum service
availability charge as follows for each meter connecting his
premises with the city water system:
Size Monthly charge
5/8 inch 5--3790 $ 3.45
3/4 inch 4-.9(# 4.6
1 inch f;-. 09 7.8-5
1 1/2 inch +4799 l@
2 inch +-7-.GG
3 inch 34vG9 34. 5
4 inch 54799
6 inch +O+-.GG i
8 inch +647GG 81.2
10 inch 45+-.GG
12 inch 36+-.G9
Fire hydrant meter -34-709 34.95
Section 37-47. Water usaqe rates prescribed.
In addition to the charges provided for in Section 37-46,
each consumer shall pav for water usage the rate of one-dell.aLs
anel-fort-y-four-eemt8-f$+744@ one dollar and sixty-two cents
($1.62) per thousand (1,000) gallons
f.$4..rGB+ [one dollar and twenty-one ($1.21)] per hundred (100)
cubic feet]. The above water usage rate shall become effective
with all water consumed on and after .5dne-47-+98+ July 1, 1983.
-9-
Section 37-57. Developer fire hydrant f,.e.
Developers installina fire hydrants, as reguired incident to
subdivision development, shall pay the sum of two hunclred dollars
($200.00) per hydrant for all hydrants installed Prior to July 1,
1984. On and after July 1, 1--. .. . drant rental fee shall be
two hundred fifty dc)llars ($250.00).
This ordinance shall be effective July 1, 1983, except for
subdivisions and site plans currently filed with the City and
under review. Such subdivisions and site plans shall pay fees
based on rates existinq prior to June 27, 1983. The above
exception shall expire on September 1, 1983.
RHM/da
6/17/83
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of June, Nineteen Hundred,
-10-
-42-
Item 11-1.3
ORDINANCE ITEM # 20215
Attorney Grover Wright suggested the Ordinance be effective upon site plan
filing date; thereafter, 60-90 day approval.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
voted to ADOPT, as AMENDED, the Ordinance to amend and reordain Chapter 28
by amending Sections 28-3, 28-4, 28-9, and 28-26, AND adding Section 28-31
of the Code of the City of Virginia Beach, Virginia, pertaining to various
Sewer Fees and Charges.
The AMENDMENT to the stated Ordinance shall read as follows:
"This Ordinance shall be effective July 1, 1983, except
for subdivisions and site plans currently filed with
the City and under review. Such subdivisions and site
plans shall pay fees based on rates existing prior to
June 27, 1983. The above exception shall expire on
September 1, 1983."
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 28 BY
AMENDING SECTIONS 28-3, 28-4, 28-9, AND 28-26, AND
ADDING SECTION 28-31 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINTNG TO VARIOUS
SEWER FEES AND CHARGES , AS AMENDED
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
Voting: 9-2
Council Members Voting Aye:
John A. BaLim, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, 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:
H. Jack Jennings, Jr. and Reba S. McClanan
June 27, 1983
-42a-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 28 SY AMENDING SECTIONS 28-3,
28-4, 28-9, AND 28-26, AND ADDING
SECTION 28-31 OF THE CODE OF THE CITY
OF VIRGINIA REACH, VIRGINIA,
PERTAINING TO VARIOUS SEWER FEES AND
CHARGES, AS AMENDED.
BE IT ORDAINET) BY THF COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 28-3, 28-4t.28-9, and 28-26 of the Code of the
City of Virqinia Reach, Virginia, are hereby amendei and
reordained to read as follows and Section 28-31 is added to read
as follows:
Section 28-3. Sewer connection fees (tap fees).
The followina fees shall be paid for connections to the
public sewer system (tap fees):
(a) Four-inch taL,- 9++QTG97 $145.00
+e* (b) Over four-inch
tap' Cost of labor, material and eauipment, PLUS twenty-five
(25) percent.
Section 28-4. SewPr system impact fees (line fees), cjenerally.
(a) The fees prescribed by the following subsections of
this section shall be paid for the installation of sewers, such
fees to be known as 'line fees.- Such fees shall also be
applicable to a use or structure previously connected to the
sewer whenever such use or structure is expanded, chanced or
modified. In such cases, the fees shall be determined on the
basis of the total proposed new use or structure, less a credit,
at current rates, for the existing use or structure or the last
structure, if previouslv denolishedi, provided, the property has
not been vacant for more than ten (10) years. No credit shall be
allowed after ten (10) years.
(b) The property owner's share of system installation,
where connection is made to the Public sewer system shall be as
follows:
Sinqle-family residen es
C
a. For the first 100 feett or Portion thereof, of
frontaqe: r,:;&Orgor $1,015.00
b. For each foot of frontaqe in excess of 100
feet: $+eroot $15.oo
In cases where the front footage is 1.5 or more
times greater than the rear yard footaqe, the
front footage, for the purposes of this
subsection, shall be determined by adding the
front and rear ya rd lenqths and dividing that sum
by two (2). Whenever a sewer line is located on
two (2) sides of a parcel, the Shorter Side shall
be the one upon which the determination of front
footaqe shall be calculated. Whenever a sewer
line is located on only one side of a parcel, that
,3i(ie shall be used for the purpose of front
footaqe. In cases where there are frontaqes on
residences zoned for aqricultural use which are
I.araer than the minimum frontaqe requirements for
residential property, the director of the
department of public utilities may authorize line
fees to be computed based on the minimum front
footage for residential property for each dwelling
unit on the property. In cases where there are
frontaqes on residences zoned for residential use,
but actually used for agricultural, horticultural,
forest, or ooen space and currently classified and
taxed for such use by the real estate assessor,
the director of public utilities may authorize
line fees to be computed based on the minimum
front footaae for residential Droperty for each
dwelling unit on the property-,, provided that, in
either of the aforementioned cases, the owners of
such property shall sign an agreement, to be
recorded against the property, that at the time
-2-
the property is further developed or subdivided Or
changes title or experiences a chanae in tax
classification, full fees will becone due and
payable. The rates applicable will be those
prevailing at the time the change to the property
takes place and will be based on the land use type
which will be in effect after the change. For the
purposes of line fees only, single-fatnily
r,,sidences with detached-apartment units shall be
charqed in accord ance with the fees set forth in
Subsection (3) below.
(2) Motels and hotelsp per unit: $48STOOT $630.00.
(3) Structures with two (2) or more family residential
units, per unit: 656@roeT $730.00.
(4) Nursinq and convalescent homes, per room
[calculated at two (2) beds = one (1) room):
0+79rGOT $220.00.
(5) Trailers, per space: $R4@00., $315.00
(6) Professional and office buildinqs, per 600 square
feet of buildinq area: $*;e,oev $220.00
(7) Retail stores, restaurants and shopping centers,
Per square Eoot of floor space: $OT44T $0.14.
(8) Industrial, manufacturinq, wholesale, assembly,
processing anci distribution facilities, domestic
use, per square foot of floor space: $O-r++T
$0.14.
(9) Separate warehouse facilities used for storaqe
only, where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $9702r $0.03.
(10) In all cases where the use or structure is not
described hereinabove, line fees for the building,
structure, addition, modification or expansion
thereto shall be computed as follows:
-3-
a. The estimated daily flow of the proposed use
or structure shall be first determined by the
department of public utilities, based on
similar actual flows of comparable uses or
structures, takinq into account the
hours of operation, type of use, location and
other criteria determinative of estimated
flow; then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
c. This demand units fiqure will be multiplied by
the minimum fee applicable to a single-family
residence.
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. throuqh
t. ahove.
where qravity sewer service is not available to the property
owner, the fees prescribed in this subsection (b) shall be
calculated at one-half (1/2) those enumerated above.
(c) The pror)erty owner's share of system installation
costs, where the property owner must construct a sewer or sewers,
which are to become a part of the public sewer system, to provide
service to a specific parcel or parcels, as shall be shown on the
approved construction plans, shall be as follows:
(1) Single-family resi(iences, each: $+SOTOOT
$195.00.
(2) Motels and hotels, per unit: $9svoev $125.00.
(3) Structures with two (2) or more family units per
unit: 94+9799v $145.00.
(4) Nursinq and convalescent homes, per room
[calculatf-d at two (2) beds = one (1) room]:
0457997 $100.00.
-4-
(5) Trailers, per space: $4GOvOOT $130.00.
(6) Professional and office buildinqs, per no
6 square
feet of huildinq area: 045TOOT $100.00.
(7) Retail stores, restaurants and shopping centers,
per square foot of floor saace: $oro3T $0.04.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: rf'O.YO3.
$0.04.
(9) Separate warehouse facilities used for storaqe
only where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $0.01.
(10) In all cases where the use or structure is not
described hereinabover line fees for the buildinq,
structure, addition, modification or expansion
thereto shall be computed as follows:
a. The estimated daily flow of the proposed use
or structure shall be first determineki by the
department of oublic utilities, based on
similar actual flows for comparable uses or
structures, takinq into account the hours of
operation, type of use, location and other
criteria determinative of estimated flowl
then
b. This estimated daily flow will be divided by
400, yieldinq a demand units fiqure; then
c. This (iemand units fiqure will be multiplied by
the mininum fee applicable for a sinqle-family
residence.
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit in advance of
actual flows, with the fee to be determined after
-5-
one year of actual consumption, as Per a. through
c. above.
(d) Whenever system installation costs are calculated
pursuant to subsection (c) of this section, and the property to
be served discharges through a PumP station owned by the city,
then, in addition to thp. fees prescribed in subsection (c) above,
there shall also he charged a fee in the sum of one-httrtdred
two hundred thirty dollars-
($230.00) per qallon per minute/peak flow. "Peak flow" shall be
construed to mean the orevailinq peak flow standards set forth by
the state health department or the actual peak flow, whichever is
greater.
(e) A special sewer line fee for seasonally operated
campsite parks connected to any main or interceptor is hereby
established. Such fee shall be one
hundred thirty dollars ($130.00) per camp space. For this fee to
be applicable, the owner must enter into a contract with the city
providing that, at such future time as the camp park is converted
to year-round use, the fees specified in subsections (b)(5) and
(c)(4) of this section shall be applicable and that the owner
shall pay the difference in such fees at time of conversion to
year-round use.
(f) In no event shall any line fee for any purpose
enumerate(i in this section be less than the amount calculable if
the use in ctuestion were a sinqle-family residence. Where more
than one use or more than one structure is to occur on a sinqle
parcel of land, the minimum amount shall apply separately to each
individual use or structure.
(9) No building permit shall be valid and no water or
sewer tap shall be installed for anv property until the fees
provided for in this section have been paid, except as otherwise
provided in this article.
(h) In the case of existing contract ac-reements between
owners and the city reqarding fees and waiver of fees, such
aqreements shall remain in effect.
-6-
Section 28-9. c;ewer cleanouts.
All buildings anrl dwellings connected to the public sewer
system shall have a cleanout installed in the lateral ii,e at or
near the property line served. If such cleanouts are installed
by the city, the charqe Shall be as follows for each cleanout
installed:
(1) Four (4) inch cleanout:
One hundred forty-five dollars ($145.00).
ive-dallare
J3* (2) Over four (4) inches:
inehes- Cost of labort material and equipment, plus
twenty-five (25) percent. as-en-edminist-rat+ve
eharger
Section 28-26. Sewer maintenance charqes established.
The followinq monthly maintenance charqes are hereby
established with respect to all property connected directly or
indirectly to the public sewer system maintained by the city:
(a) Residential Uses:
(1) Sinqle-family residences: 04TOO $9.46.
(2) Structures with two (2) or more family residential
units, and trailer parks:
a. First unit or trailer: 04TOO $9.46.
b. Each additional unit or trailer: OSTRS
$7.10.
(3) Hotels and motels:
a. For the first room provided for occupancy:
04r99 $9.46.
b. Each additional room for occupancy: tvatoo
$3.80.
(4) Campqrounds:
a. For the first space provided: 04TOO $9.46.
b. For each additional soace provided: $3.80.
(5) If a structure or property with two (2) or more
family residential units has separate water meters servi,g each
or any in(liviclual units, the sewer maintenance charqe for the
individually metered unit(s) shall be no less than seven-dollare
+$4rgG+ nine dollars and forty-six cents ($9..@@ per water meter.
(b) Nonresidential uses:
(1) For all nonresidential uses in which there is
also supplied public water service, the sewer
maintenance charqe shall be determined by the size
of the water tap throtigh which water is provided,
as per the followinci schedule:
Tap Size Monthly Charge
3/4 inch . . . . . . . . . . . . $;-rgO $9.50
1inch . . . . . . . . . . . . . $;OT45 $T -M
11/2 inch . . . . . . . . . . $+:FTSG -
2inch . . . . . . . . . . . . $26-CSO $36.00
3inch . . . . . . . . . . . . $52.r2S -
4inch . . . . . . . . . . . . $8-7-r59 $118.00
6inch . . . . . . . . . . . . $4-:;S-rgO *237.00
3inch . . . . . . . . . . . . $406TOG 55 .
10 inch . . . . . . . . . . . . $6:;RTOO .
12 inch . . . . . . . . . . . $47022TOD $1,38 .
(2) For all nonresidential uses in which public water
service is not available, the monthly charge shall
be as follows:
(a) 0-4 commodes: $+4TOOT$19.00.
(b) Each additional commode over four: $iroo
$3.80 per commode.
The charqes prescribed in this section shall be calculated for
each service period by multiplyinq the number of days in the
service period by the applicable daily charge for the rates on a
twelve (12) month basis.
Section 28-31. ACcount initiation and reestablishment charge.
(a) When a customer not connected to city water opens an
account for city sewer service only, such customer shall be
charged a fee of fifteen dollars ($15.00) to cover costs
connected with the establishment of the account.
-8-
(b) when sewer service onlv X premises is discontinued
for any reason, there shall be a fifteen dollar (815.00) charce
for restoring such service.
This ordinance shall he effective July 1, 1983, except for
subdivisions and site plans currently filed with the City and
under review. Such subdivisions and site plans shall pay fees
based on rates existinq prior to June 27, 1983. The above
exception shall. expire on September 1, 1983.
RHM/da
6/17/83
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three.
-9-
-43-
Item II-K.1
UNFINISHED BTJSINESS ITEE # 20216
Upon motion by Councilman Jones, seconded by Councilwoman Oberndorf, City Council
APPROVED recommending to the Virginia Municipal League, as part of their legislative
package in 1984 at the General Assembly, the following three proposals:
1. Amendment to Public Procurement Act
2. Contraband Forfeiture Act
3. Distribution of ABC Profits and Tax on Wine
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, IIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-44-
Item II-L.1
NEW BUSINESS ITEM # 20217
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
voted to APPROVE expediting the application of FIRST COLONIAL BAPTIST CHURCH
for a Conditional Use Permit for a Christian Life Center (church and related
facilities). Said application will be heard at the Planning Commission
July 12, 1983 and will be heard by City Council August 1, 1983.
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
June 27, 1983
-45-
Item II-L.2
NEW BUSINESS ITE4 # 20218
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
voted to RECONSIDER, with the condition that the opposition be advised,
the application of RENA A. BLACK for a Conditional Use Permit. Reconsidera-
tion will be given July 5, 1983.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, B. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, Ill, 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
June 27, 1983
-46-
Item II-J.2
APPOINTMENT ITEM # 20219
Upon nomination by Councilman Jennings, City Council voted to REAPPOINT
WILLIAM FRANK McGRAW, JR. to the EASTERN VIRGINIA HEALTH SYSTEMS AGENCY,
INC. for a three-year term (July 1, 1983 to June 30, 1986).
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, Ill, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-47-
Item II-J.3
APPOINTMENT ITEM # 20220
Upon nomination by Vice Mayor Henley, City Council voted to REAPPOINT
LEE ROY DIXON, SR. to the SOCIAL SERVICES BOARD for a four-year term
(July 1, 1983 to June 30, 1987).
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
June 27, 1983
-48-
Item II-J.4
APPOINTMENT ITEM # 20221
Upon nomination by Councilwoman Oberndorf, City Council voted to REAPPOINT
ROBERT W. CLYBURN to the SOUTHEASTERN VIRGINIA PLANNING DTSTRICT COMKISSION
for a three-year term (July 1, 1983 to June 30, 1986).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heiscbober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 27, 1983
-49-
VIRGINIA MUNICIPAL LEAGUE
SEMINAR ITEM # 20222
City Attorney Dale Bimson will attend the Virginia Municipal League Seminar
to be held June 29, 1983.
June 27, 1983
-50-
INFORMAL SESSION -
JULY 5, 1983 ITEM # 20223
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council voted to APPROVE convening at 11:00 a.m. July 5, 1983 for the
INFORMAL SESSION of 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:
None
June 27, 1983
-51-
DAVID A. BARTO
COX CABLE ITEM # 20224
By consensus of City Council, Mayor Louis R. Jones will write a letter to
Cox Cable regarding the concerns of David A. Barto (expressed in his letter
dated June 17, 1983, which is hereby made a part of the record). City Attorney
Dale Bimson will assist Mayor Jones with said letter of concern.
COMMITTEE - JOBS BILL FLJNDS ITEM # 20225
It was discussed whether appointments of the Coordinating Committee would be
made by the Mayor, City Council, or the City Manager. The City Manager was
instructed to make his recommendations to City Council July 5, 1983.
CONFLICT OF INTEREST ACT ITEM # 20226
Paul A. Sciortino, Commonwealth's Attorney, will address Council regarding
the Conflict of Interest Act July 18, 1983 at 1:00 o'clock in the afternoon.
June 27, 1983
-52-
RECESS INTO EXECUTIVE SESSION ITEM # 20227
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
voted to RECESS into EXECUTIVE SESSION (10:33 p.m.) pursuant to Section 2.1-344,
Code of Virginia, 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. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Voting: 11-0
Council Members Voting Aye:
John A. Batun, 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
June 27, 1983
-53-
MAYOR LOUIS R. JONES RECONVENED THE FORMAL SESSION OF CITY COUNCIL AT 11:40 p.m.
Item II-J.1
APPOINTMENT ITEM # 20228
Upon nomination by Councilman Heischober, the following were REAPPOINTED to
the ARTS AND HUMANITIES COMMISSION for a two-year term (July 1, 1983 through
June 30, 1985):
MRS. LOUISE McMANUS
JAMES W. ROEBUCK
A N D APPOINTED:
HENRY CLARKE (appointed to serve
the unexpired term
of Mrs. Helen Paul
-- to June 30, 1984)
LASZLO ARANYI (two-year term --
July 1, 1983 to June 30, 1985)
KELSEY E. BROWN (two-year term --
July 1, 1983 to June 30, 1985)
ANDREW S. FINE (two-year term --
July 1, 1983 to June 30, 1985)
Voting: 11-0 (VERBAL VOTE at 11:40 p.m.)
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. If. 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
June 27, 1983
- 54-
AUTOMATED OFFICE SYSTEMS
DIVISION OF DATA PROCESSING ITEM # 20229
Upon motion by Councilman Baum, seconded by Councilman Jennings, Council voted
to extend the services of Automated Office Systems, Division of Data Processing,
for a period of six (6) months at which time a consultant audit will be made
and reported to Council.
Voting: 11-0 (VERBAL VOTE at 11:45 p.m.)
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
June 27, 1983
-55-
Item II-M
ADJOURNMENT ITEM # 20230
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
voted to ADJOURN at 11:50 p.m.
Voting: 11-0 (VERBAL VOTE)
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. Kitchiii, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
@7?.L
Xuth Hodges Smitb, CMC Rayor Louis o@nes
City Clerk
City of Virginia Beach,
Virginia
June 27, 1983
/jk