HomeMy WebLinkAboutMAY 7, 1984 MINUTES
City of Virgi1ìia Beach
"WORLD'S LARGEST RESORT CITY"
ClTY COUNCIL
MA YOR LOUIS R. JON ES. Bayside Borough
VICE-MAYOR BARBARA M. HENLEY. Pungo Borough
JOliN A. BAUM. Blackwater Borough
NANCYA. CREECH. AtLa~e
HAROLD IIEfSCIIOBER. At Large
H. JACK JENNINGS. JR.. Lynnhaven Borough
ROBERT G. JONES. At Large
W. II. KITCHIN. III. VirginIa Beach
I REBA S. McCLANAN. Prrncess Anne Borough
J. HENRY hIcCOY. JR.. Kempsville Borough
MEYERA E. OBERNDORF. At Large
RUTH HODGES SMITH. CMC, City Clerk
212 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
(804) 427-4303
CITY COUNCIL AGENDA
May 7, 1984
BUDGET WORKSHOP:
10:00 a.m.
ITEM I.
INFORMAL SESSION:
12:30 p.m.
A.
CALL TO ORDER - Mayor Louis R. Jones
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B.
ROLL CALL OF COUNCIL
C.
MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D.
DISCUSSION OF PERTINENT MATTERS
1.
Matters for discussion by Mayor.
2.
Matters for discussion by Council.
E.
CITY MANAGER'S ADMINISTRATIVE ITEMS
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1.
Lynnhaven River Water Quality Issues:
Roads Water Quality Agency.
Briefing by Hampton
2.
Sale of Property at Rose RaIl:
Discussion
3.
Gallager Associates Change of Zoning Requests: Briefing by
Mr. Robert Scott) Director of Planning Department
4.
Review of Consent Agenda
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ITEM II.
FORMAL SESSION:
2:00 p.m.
A.
B
C.
D.
E.
F.
G.
H.
1.
I NVOCATI ON:
Reverend Wallace O. Odum, Jr.
First Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF COUNCIL
MINUTES OF PREVIOUS MEETING:
1.
Motion to accept/approve the Minutes of April 23, 1984.
PRESENTATION:
1.
Resolution of Appreciation
Historical Review Board
J.
Burke
Withers,
Jr.
PROCLAMATION:
1.
Volunteer Recognition Week - May 6 - 12, 1984
2.
Small Business Week - May 6 - 12, 1984
PUBLIC HEARING
1.
Pursuant to Section 15.1-431 of the Code of Virginia, as
amended, requesting authorization of an encroachment AND
lease of air space over the City's public right-of-way of
Ocean Avenue to Neptune Associates T/ A Ramada Inn of the
Beach. (Public Hearing authorizied by City Council action on
April 9, 1984)
ORDINANCES:
1.
Ordinance to authorize an encroachment into and to lease air
space over the Public right-of-way of Ocean Avenue to
Neptune Associates T/A Ramada Inn on the Beach.
RESOLUTIONS
1.
Industrial Development Revenue Bonds:
a.
Chamar, Inc., Facility (Great Big Greenhouse and
Nursery) - $650,000
Hermes Abrasives, Ltd. - $1,500,000
Thomas C. and Elaine M. Kyrus Facility - $225,000
London Bridge Business Park Associates Facility
$1,600,000
Northmall Associates Facility - $10,000,000
RAML Associates, John L. Spring and William Gary Broome
- $2,250,000
Kenneth M. and Mildred G. Rudd Facility - $250,000
SAK Associates - $340,000
Werber-Biggs Associates Facility - $1,000,000
b.
c.
d.
e.
f.
g.
h.
1.
2.
Special Revenue Bonds:
a.
Resolution inviting and encouraging the Portsmouth
Redevelopment and Housing Authority to exercise its
powers to issue its housing revenue bonds to Newtown
Diamond Associates - $5,000,000
3.
Resolution authorizing certain Sand Grading activities at
Sandbridge Beach due to an emergency situation.
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10.
12.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1.
1983 First Citizen of Virginia Beach - Aaron
Resolution:
Parsons
2.
J.
Burks
Jr.
Withers,
Resolution of Appreciation
Historical Review Board
3.
Ordinance to amend and reordain Sections 21-396, 21-397 and
21-398 of the Code of the City of Virginia Beach, Virginia,
pertaining to parking meters.
4.
Ordinance, on SECOND READING, to amend and reordain Section
35-37 (a) of the Code of the City of Virginia Beach
pertaining penalty and interest when installment not paid on
time.
5.
Ordinance, on SECOND READING, to amend and reordain Section
35-6 (a) of the Code of the City of Virginia Beach
pertaining to penalty and interest when Personal Property
Taxes not paid on time. .
6.
Ordinance, on FIRST READING, to amend and reordain Section
35-207 of the Code of the City of Virginia Beach pertaining
to tax on cigarettes.
7.
Ordinance, on FIRST READING, to amend and reordain Section
21-75(c) of the Code of the City of Virginia Beach,
Virginia, pertaining to Local License Taxes on Horse
Trailers.
8.
Ordinance to Transfer Funds of $36,365 within the Department
of Public Works for a Trailer for the Refuse Transfer
Station;
AND,
an ordinance to Transfer Appropriations within the Public
Works Department.
9.
Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Indian River Road and
Depositors Lane to A. T. Williams Oil Company, its assigns
and successors in title.
Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Clifton Road to Duman T.
Wright, his heirs, assigns and successors in title.
11.
Ordinance to authorize acquisition of property in fee simple
for right-of-way for Seatack Street Improvement Project
Phase II-A and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or by
condemnation.
Ordinance appointing Viewers in the petition of Runnymede
Corporation for the closure of a portion of Lee Street (Old
Virginia Beach Road) and Old County Road (Virginia Beach
Borough) .
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13.
K.
Low Bid of Luke Construction Company of $279.520.00 for the
Beggars Bridge Project (ClP 2-953). authorizing the City
Manager to enter into the necessary agreements for the
implementation of this project;
AND,
Ordinance to transfer Capital Project Funds of $55,000
between Capital Projects to provide additional funds for
Beggars Bridge.
14.
Raffle Permits: Activities Committee, Messiah
Church, and Civitan Club of Virginia Beach
Lutheran
15.
Certificate of Public Convenience and Necessity - Beach,
Bayside, and Coastal Cabs (Ruby Hall Dozier)
16.
Request of the City Treasurer for tax refunds in the amount
of $771.07.
PLANN! NG
1.
Application of Hubert C. Gray, Jr. for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
This site is located on the north side of Little Haven Road
at the intersection with Hurds Road (Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
2.
Application of Gennaro Fiore for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the requirements of the Comprehensive
Zoning Ordinance. This site is located at the northeast
corner of London Bridge Road and Terrell Avenue (Lynnhaven
Borough) .
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for denial.
3.
Application of Hudgins and Associates for the closure of a
portion of Goose Landing (Formally approved by City
Council on October 10, 1983, subject to conditions being met
within 180 days).
a.
The City Manager's letter advises the 180 time period
has expired, the applicant has not completed his
resubdivison plat and the applicant wishes to explain
why this condition has not been met.
4.
Application of Donald W. and Selena Starbuck and Richardson
C. and Linda B. Bell for the closure of a portion of
Lauderdale Avenue (Bayside Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for denial.
5.
~pplication of A. T. Williams Oil Company for
use permit for a gas station and car wash on a
foot parcel located at the northwest corner of
and 4th Street (Lynnhaven Borough).
a conditional
41, 732-square
Rosemont Road
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
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6.
Application of Helfant Realty, Inc. for a conditional use
permit for one duplex on a 6,250-square foot parcel located
on the east side of St. Paul Street, south of Virginia Beach
Boulevard (Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
7.
Application of Alton A. Miller for a change of zoning from
B-2 Community-Business District to 1-1 Light Industrial
District on a 21,000-square foot parcel located on Butternut
Lane, south of Bonney Road (Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
8.
Application of J. M. Briggs for a conditional use permit for
mini-warehouses on a 1.6-acre parcel located on the north
side of Virginia Beach Boulevard, east of Louise Avenue
(Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
9.
Applications of Crow,
changes of zoning:
Terwilliger
& Michaux,
Inc. ,
for
from B-2 Community-Business District to A-2 Apartment
District on a one acre parcel, located on the East side of
South Lynnhaven Road, north of Lee Highlands Boulevard;
AND,
from B-1 Business-Residential District to A-2 Apartment
District on a nine acre parcel, located on the east side of
South Lynnhaven Road, south of Lee Highlands Boulevard
(Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
10.
Application of Herman R. and Sarah W. Harris; Felix Allan
Reader; and Margaret G., Felix A., and Charles R.
Reader/Scott Development Company for a change of zoning from
R-8 Residential District to A-2 Apartment District on a
32-acre parcel located on South Lynnhaven Road between the
north intersection with Lynnhaven Parkway and Silina Drive
(Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
11.
Application of F. Wayne McLeskey, Jr. for a change of zoning
from R-6 Residential District to R-8 Residential District
on two parcels totalling 4.391 acres, located along the east
side of Little Neck Road (formerly North Plaza Trail), north
of Virginia Beach Boulevard (Lynnhaven Borough).
a.
Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
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M.
N.
O.
APPOINTMENTS
1.
Advertising Selection Committee
2.
Community Services Board
3.
Historical Review Board
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
1.
Motion to adjourn.
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M IN UTE S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 7, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, May 7, 1984, at Twelve Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
Note:
Councilman McCoy entered the Informal Session at 1:10 p.m.
May 7, 1984
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ITEM II 21808
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 insti-
tution which could affect the value of property owned
or desirable for ownership by such institution.
3.
LEGAL MATTERS: Consultation with legal counselor
briefings by staff members, consultants, or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council 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., Robert G. Jones,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
May 7, 1984
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MAT T E R S
MAY 0 R/V ICE
MAYOR
BY
ENVIRONMENTAL
PROTECTION
AGENCY
ITEM II 21809
Mayor Jones advised that Delegate "Buster" O'Brien informed him Governor Robb
will meet with the Environmental Protection Agency Administrator, William
D. Ruckeshaus, on Wednesday, May 9, 1984, to discuss the Chesapeake Bay.
There will be a cruise inspection on the Bay from 11:00 a.m. to 1:30 p.m.
The State Legislators are being urged to attend. City Council will CANCEL
luncheon with Virginia Legislators on May 9, 1984, as events would conflict.
MANAGEMENT
PLAN FOR
BACK BAY
ITEM II 21810
Vice Mayor Henley advised she is in receipt of one copy of "MANAGEMENT PLAN
FOR BACK BAY" forwarded to the City staff for technical review. Vice Mayor
Henley noted that this was an excellent study. The Back Bay Study Committee
will be meeting this week. Jack Whitney, Chief of Comprehensive Planning,
has already begun a review this plan. Upon receipt of the reviewed copy,
Roy Mann Associates can produce the final copy for submission to City Council.
INDUSTRIAL REVENUE
BONDS
ITEM II 21811
Vice Mayor Henley referenced a possible meeting or report concerning pending
Federal Legislation of INDUSTRIAL REVENUE BONDS before further approval by
City Council of additional IRB's (See Item II.I.l.a-1 of the Formal Agenda).
Staff advised City Council of difficulty in developing a criteria while
legislation is still pending. Staff estimated a final Bill would be available
within two (2) months.
May 7, 1984
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MAT T E R S
B Y
C 0 UN C I L
MUNICIPAL BONDS
ITEM II 21812
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Councilman Heischober referenced consideration in Washington to tax in-
terest-income on MUNICIPAL BONDS. This legislation may also result in
tax on Social Security. The City Attorney is to draft a Resolution in-
dicating opposition to proposed tax.
AMBASSADOR
PUBLICATION
ITEM if 21813
Councilman Jones complimented Director of Economic Development, James
DeBellis, on his article entitled, "HIGH TECH, HIGH TOUCH, AND HIGHER
EDUCATION", appearing in the quarterly publication, AMBASSADOR (Copy
of which is hereby made a part of the record).
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F. WAYNE McLESKEY, JR.
APPLICATION FOR A
CHANGE OF ZONING
FROM R-6 to R-8
ITEM II 21814
Councilwoman McClanan referenced request of Richard S. Browner to move
application of F. Wayne McCleskey, Jr. for a Change of Zoning from
R-6 Residential District to R-8 Residential District forward on the
Formal Agenda for DEFERRAL. This Application will be heard first
under the Planning Items. (See Item II-K.ll of the Formal Agenda).
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May 7, 1984
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MAT T E R S
BY
C I T Y
MANAGER
LYNNHAVEN RIVER
WATER QUALITY
ITEM II 21815
Paul Fisher, Director of the Hampton Roads Water Quality Agency, presented
a briefing on the Lynnhaven River Water Quality Issue. The Hampton Roads
Water Quality Agency is a consortium of the Hampton Roads Sanitation Dis-
trict, Peninsula Planning District Commission and the Southeastern Vir-
ginia Planning District Commission. It was formed in early 1974 to de-
velop an "areawide waste treatment management plan" for the fourteen
cities and counties encompassed within that area. The Hampton Roads
Water Quality Agency focused on the recommendation that the Lynnhaven
River Basin be designated as the Urban Nonpoint Control Test Basin.
The Virginia Institute of Marine Science formulated the LYNNHAVEN RIVER
WATER QUALITY TREND REPORT for the HRWQA. Basically VIMS identified three
(3) alternatives for the future of the Lynnhaven River:
(1) Allow water quality to continue to deteriorate.
(2) Maintain present water quality.
(3) Improve water quality conditions.
The HRWQA has developed a series of specific recommendations for all basins
within their study area:
(1)
Encourage homeowners to properly dispose of toxic
home chemicals.
(2)
All of cities in the area are to incorporate con-
siderations and control of nonpoint source pollution
in the site plan review process.
Apporoximately $350,000 has been spent by the Hampton Roads
Agency within the last ten years addressing Lynnhaven River
problems. The three major potential water quality problems
are:
Water Quality
water quality
in the Lynnhaven
(1) Low dissolved oxygen
(2) Sedimentation
(3) Bacteria.
A Booklet entitled: "Hampton Roads Water Quality Management Plan Lynnhaven
River and Albemarle Sound Basins Abstract" was distributed to City Council
(Copy of which is hereby made a part of the record).
ROSE HALL
ITEM tI 21816
In response to a letter received by the Mayor from the Historical Review Board,
Director of Economic Development, James DeBellis, presented information con-
cerning parcels C-4 and A-2 at Rose Hall Office Park. Limitation of development
of these parcels would be difficult to accomplish at this time since one site
has been sold and the other is under option.
(1)
Development of Parcel C-4 should be allowed as approved
by the Historical Review Board, consistent with proper
zoning.
(2)
Concerning A-2, option deposit of $5,000 would have to
be refunded, and predevelopment expenses reimbursed as
in case of purchase and sale.
Jerry Broadway, Project Manager of the Francis Land House, further elaborated
on the status of the property.
May 7, 1984
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MAT T E R S
BY
C I T Y
MANAGER
(Continued)
GALLAGER ASSOCIATES
CHANGES OF ZONING REQUESTS
ITEM It 21817
Director of Planning Robert Scott, presented a briefing concerning appli-
cations for changes of zoning of Gallager Associates (Princess Anne Borough).
Mr. Scott utilized a map depicting the Gallager Property's relationship to
the Floodway and Flood Plain. When the Gallager application was submitted
for review, the old Flood Plain Maps were still in effect. These maps
showed the five-foot contour line as being the line of demarcation for
the limits of the Flood Plain. The portion of the Floodway in the Flood
Plain was determined by on-site soil evaluation. The original recommendation
of the Planning Commission was for development of this site with a density
of 190 units. After the adoption of the new Flood Plain Maps, the eight-
foot contour line constituted the dividing line. This site is very heavily
impacted by the Flood Plain. There would be no filling in that area without
permission of the City Engineer. Based on these new facts, it was determined
that the dwelling units be limited to 249. A revised plan reflecting
a total of 249 units is to be submitted to the Planning Department prior
to the City Council Meeting.
ORDINANCE TO TRANSFER
FUNDS FOR THE BEACH
REPLENISHMENT PROGRAM
ITEM It 21818
The City Manager referenced an ADD-ON item to the Formal Agenda:
Ordinance to Transfer Funds of $108,500 for
the Beach Replenishment Program as Provided
by the Virginia Beach Erosion Commission.
(See Item II-H.2 of the Formal Agenda).
CONSENT AGENDA
TRANSFER FUNDS/
DEPARTMENT OF
PUBLIC WORKS
ITEM tt 21819
Vice Mayor Henley, Councilwoman McClanan, and Councilman Jennings referenced
the Ordinances to Transfer Funds of $36,365 within the Department of Public
Works for a Trailer for the Refuse Transfer Station; and, to Transfer Appro-
priations within the Public Works Department for the purchase of a larger
loader (See Item II-J.8 of the Formal Agenda). City Council requested an
update on the economy of the Refuse Transfer Station.
RECESS INTO
EXECUTIVE SESSION
ITEM tt 21820
City Council recessed into EXECUTIVE SESSION at 1:47 p.m.
May 7, 1984
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FORMAL
S E S S ION
VIRGINIA BEACH CITY COUNCIL
May 7, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Wallace o. Odum, Jr.
Pastor
First Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 7, 1984
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Item II-D. 1
MINUTES
ITEM II 21821
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED the Minutes of April 23, 1984, with a correction as follows:
Page 11 - ITEM # 21765 INFORMAL SESSION (CAPITAL PROJECTS
STATUS REPORT Period Ending March 31, 1984)
REPLACE the word "curbs" with the word "curves"
in the following sentence:
Vice Mayor Henley inquired about BEGGARS BRIDGE,
and the etifðS curves on SANDBRIDGE ROAD.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
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Item II-E.1.
PRESENTATION
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ITEM tI 21822
Mayor Jones presented a RESOLUTION OF APPRECIATION to:
J. BURKE WITHERS. . . . . HISTORICAL REVIEW BOARD
May 7, 1984
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Item II-F. 1
PROCLAMATION
ITEM II 21823
Mayor Jones PROCLAIMED the week beginning May 6, 1984 as
SMALL BUSINESS WEEK
.
This Proclamation recognized the small business and its vital role in
our nation's economy.
Michael Savvides, Chairman of the Virginia Beach Council of the Hampton
Roads Chamber of Commerce, accepted the PROCLAMATION.
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May 7, 1984
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'rntlumuttnu
WHEREAS, the ~mall b~in~~ ha~ long played a vital ~ole in OuÆ nation'~
economy and ~ ~e~pon~ible 60~ the c~eation 06 well ove~ hal6 06 the n~ job~
in the Ame~ican labo~ 60~ce; and
WHEREAS, ~mall b~in~~ owne~~ a~e among the mo~t dynamic and innovative
leade~~ 06 the b~in~~ community. Thei~ willingn~~ to con6~ont unce~tainty
with c~eativity and dete~mination to ~ucceed help~ OuÆ Nation meet the many
challeng~ we 6ace today; and
WHEREAS, the ~mall b~in~~ enabl~ ~ to develop OuÆ human ~~ou~c~
mo~e e66ectively and en~iche~ ou~ ~ociety; and
WHEREAS, it ~ ÆmpMtant that we take tÆme each yea~ to honM OuÆ ~mall
b~ine~~ community;
NOW, THEREFORE, 1, Lou~ R. Jon~, Mayo~ 06 the City 06 Vi~ginia Beach,
do he~eby de~ignate the week beginning May 6, 1984 a~
SMALL BUSINESS WEEK
in Vi~ginia Beach and u~ge all citizen~ to ~ha~e with me duÆing th~ week a
~olemn p~'¿de '¿n the achieve.ment-6 06 ou~ ~mall b~ine~~ men and women and in
the contk'¿bution~ the~ have made to ou~ 6~ee way 06 li6e.
Given unde~ my hand and ~eal th~ ~eventh day 06 May, nineteen hund~ed
and e'¿ghty-60u~.
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Lou~ R. Jone~
Mayo~
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May 7, 1984
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Item II-F. 2
PROCLAMATION
ITEM /1 21824
Mayor Jones PROCLAIMED the week of May 6 - 12, 1984 as
VOLUNTEER RECOGNITION WEEK
This Proclamation recognized the outstanding contributions that are being
made to our lives and community by the thousands of fellow citizens who
are volunteering their services in our City.
Art and Julia Grau, and John Lane, volunteers who were nominated by their
program for the Department-Volunteer Council's Volunteer Award, were in
attendance.
Roberta Nagle, recipient of the award for Outstanding Individual Volunteer,
accepted the PROCLAMATION.
May 7, 1984
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'rnrlumutinu
WHEREAS, we a/[e a nat.ion that WM 60unded bl/ .ind.iv.idua.f.-6 who ded.ic.ated the.i/[
.f..iVe.-6, ene/[g.ie-6, and /[e.-6ou/[c.e-6 to mak.ing th.i-6 a bette/[ wo/[.f.d 60/[ them-6e.f.ve-6, the.il[
6am.i.f..ie.-6, ne.ighbo/[-6, and po-6te/[.ity; and
WHEREAS, th.i-6 goa.f. ha-6 been c.ont.inued and enhanc.ed bl/ the c..it.izen/[I/ 06 V.iI[g.in.ia
Beac.h who annua.f..f.1/ vo.f.untee/[ the.i/[ -6ekv.ic.e-6 and -6ub-6tanc.e to 60/[wa/[d.ing .f..i6e 60/[ a.f..f.
.ind.iv.idua.f.-6 .in th.i-6 C.ity; and
WHEREAS, thoU-6and-6 06 c..it.izen-6.in th.i-6 a/[ea a/[e ac.t.ive.f.1/ .invo.f.ved.in vo.f.untee/[
-6e/[v.ic.e that.i-6 annua.f..f.1/ c.ont/[.ibut.ing thoU-6and-6 06 hou/[-6 06 -6e/[v.ic.e to au/[ c.ommun.ity;
and
WHEREAS, the.-6e vo.f.untee/[ -6e/[v.ic.e.-6 a/[e en/[.ic.h.ing .f..i6e 60/[ au/[ c..it.izen-6 and 60/[
gene/[at.ion-6 to c.ome; and
WHEREAS, au/[ c.ommun.ity and ou/[ c..it.izen/[I/ bene6.it 6/[om the ac.t.ion-6, c.onc.e/[n-6, and
ded.ic.ation 06 the-6e vo.f.untee/[-6;
NOW, THEREFORE, 1, Lou.i-6 R. Jone-6, Mal/O/[ 06 the C.ity 06 V.i/[g.in.ia Beac.h, do he/[ebl/
pl[oc..f.a.im the week 06 Mal/ 6-12, 1984 a-6
VOLUNTEER RECOGNITION WEEK
~n V.i/[g.in.ia Beac.h and u/[ge that a.f..f. c..itizen-6 ob-6e/[ve th.i-6 week bl/ /[ec.ogn.iz.ing t~e out-
-6tand.ing c.ont/[.ibut.ion-6 that a/[e be.ing made to au/[ .f..ive-6 and c.ommun.ity bl/ the thoU-6and-6
06 6e££ow c.~t~zen~ who a/[e vo£untee/[~ng the~/[ ~e/[v~ee.-6 ~n OUI[ C~ty.
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May 7. 1984
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Item II-G. 1
PUBLIC HEARING
ITEM if 21825
Mayor Jones declared a Public Hearing on the following:
ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND
TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY
OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RAMADA
INN ON THE BEACH
Attorney Grover Wright represented the Applicant.
The following spoke in opposition:
Edward Caton, represented a large group of citizens who live in North
Virginia Beach.
Jim Kaiser, represented the North Virginia Beach Civic League
Edmund Kanady, represented the Princess Anne Civic League
F. Reid Ervin, spoke concerning the merits of the oppositon.
There being no further speakers, Mayor Jones closed the Public Hearing.
May 7, 1984
- 12a -
, ""..
, , , , " ",,' ,,', ", " """""""
PUBLIC
NOTICE
I
Th~ Virginia Beach City Council, will hold a PUBUC HEAR-
ING jn the Council Chambers at 2:00 p.m.., Monday, May 7,
1984, for the purpose of authorizing an ENCROACHMENT
and LEASE OF AIR SPACE over public right-of-way at
Ocean Avenue as follows: '
RESOLUTION AUTHORIZING THE ADVER-
TISING FOR A PUBUC HEARING PURSUANT
TO SECTION 15.1-431 OF THE CODE OF VIR-
G INIA, AS AMENDED, RELA TIN G TO THE
AUTHORIZATION OF AN ENCROACHMENT
AND LEASE OF AIR SPACE OVER THE PUB-
UC RIGHT-OF-WAY OF OCEAN AVENUE TO
NEPTUNE ASSOCIATES T / A RAMADA INN
OF THE BEACH
A copy of the Resolution along with a copy of the "Ordinance
to authorize" and the proposed Agreement are available for
public review jn the Office of the City Clerk. Room 281 City
Hall buüding, Municipa1 Center (427-4303), Monday tJuu Fri-
day, 9:00 a.m.-5:OO p.m. .
-I'~.;;t« ',. .J'
~h~Hod~es "Smith. CMC
, City Clerk/Clerk of Council
I
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34
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The BeaCon
April 29, 1984
May 7, 1984
,
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- 13 -
Item II-H.1
ORDINANCE
ITEM /I 21826
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DEFERRED for one week until the City Council Meeting of May 14,
1984, the following Ordinance:
ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND
TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY
OF OCEAN AVENUE TO NEPTUNE ASSOCIATES TIA RAMADA
INN ON THE BEACH
"This Ordinance shall not become effective until the attached agreement,
containing the provisions upon which the license to encroach granted
herein is conditioned, shall be executed by the City Manager and Neptune
Asociates tla Ramada Inn on the Beach, and until Ramada Inn shall have
complied with all provisions contained in such agreement."
(Councilwoman McClanan referenced Requirement No.5 in the City Manager's
letter of May 7, 1984,concerning the above Ordinance: " The owner agrees
that minimum ground clearance will be 16 feet." The language of this
requirement needs to be clarified in the agreement with a further de-
scription of limitations.)
Vote:
6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, and Reba S. McClanan
Council Members Voting Nay:
Harold Heischober, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
May 7, 1984
t'
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p
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Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT
INTO AND TO LEASE AIR SPACE OVER THE
PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO
NEPTUNE ASSOCIATES T/A RAMADA INN ON THE
BEACH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-376.1, Code of Virginia,
(1950), Neptune Associates t/a Ramada Inn on the Beach is hereby
authorized to construct and maintain an encroachment into the air
space over the public right-of-way of Ocean Avenue.
That the encroachment herein authorized is for the
purpose of constructing and maintaining an overhead, enclosed
walkway to connect Ramada Inn's conference center on the west
side of Ocean Avenue to its restaurant on the east side of Ocean
Avenue between 56th Street and 57th Street in the City of
Virginia Beach.
That this Ordinance shall not become effective until
the attached agreement, containing the provisions upon which the
license to encroach granted herein is conditioned, shall be
executed by the City Manager and Neptune Associates t/a Ramada
Inn on the Beach, and until Ramada Inn shall have complied with
all provisions contained in such agreement.
Adopted by the Council of the City of Virginia Beach on
the
day of
, 1984.
APF-¡(;:"'i::) !--:, ì ::~ ":." ..
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May 7, 1984
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rnIS ~REEMENT. made this ~daY of A~~
1984
by and between the CITY OF VIRGINIA BEACH
VIRGINIA, a
municipal corporation, hereinafter referred to as the "City,. and
NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE
BEACH, hereinafter referred to as "Ramada Inn."
WHEREAS, it is proposed by Ramada Inn to construct and
maintain an overhead, enclosed walkway for the purpose of
¡
connecting its conference center on the west side of Ocean Avenue
it
'.
i: to its restaurant on the east side of Ocean Avenue between the
~th Street and 57th Street in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such walkway,
it is necessary that Ramada Inn encroach into the air space over I
!
the public right-of-way known as Ocean Avenue: and, therefore,
Ramada Inn has requested that the City grant a temporary
encroachment to facilitate such walkway within the air space over
the public right-of-way of Ocean Avenue.
NOW, THEREFORE, in consideration of the premises and of
the mutual promises hereinafter contained, the City doth grant to
Ramada Inn, to the extent of its authority as contained in
Virginia Code 515.1-376.1, a temporary encroachment to use a
portion of the air space over the public right-of-way known as
Ocean Avenue for the purpose of constructing and maintaining an
overhead, enclosed walkway in accordance with the following terms
and conditions.
1.
Ramada Inn shall construct and maintain such
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-walkway in accordance with the laws of the Commonwealth of
ì!
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- virginia and the.City of virginia Beach, and in accordance with
the City Department of public Works' specifications and approval
as to size, design, alignment and location.
All plans,
specifications, and construction procedures pertaining to the
maintenance or construction of such walkway shall be approved by
the City Department of Public Works prior to the start of
construction.
No construction or maintenance of such walkway
shall commence until all permits required by law have been issued
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I. by the City Department of Public Works or other appropriate legal
:1
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authority.
2.
The walkway shall be of the type and shall be
constructed so as not to interfere with the public use or travel
¡ on or in Ocean Avenue, and shall have a minimum clearance of
sixteen feet (16').
The walkway shall not contain or have placed
thereon any name, lettering or device intended for
identification, advertising or publicity purposes.
3.
Ramada Inn shall at all times keep the walkway in
proper repair and shall make at its own expense such repairs
thereto as the City or its duly authorized representative shall
deem necessary for the safety of persons and property using the
-public right-of-way of Ocean Avenue.
4.
Ramada Inn shall restore and replace at its sole
expense any portion of Ocean Avenue and any public utility
disturbed by reason of the construction, maintenance or existence
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of the walkway in a manner and with materials satisfactory to the
.
City or its duly authorized representative.
5.
Ramada Inn shall pay to the City annually for the
license granted herein a sum equal to the greater of One Dollar
and Fifty Cents ($1.50) per square foot of air space utilized by
such walkway or Four Hundred and Fifty Dollars ($450.00)
Such
sum shall become due and payable on the first day of each
calendar year or portion thereof which the walkway is in
,I .
. exlstence.
II
" 6.
Ramada Inn shall indemnify and hold harmless the
City, its agents and employees, from and against all claims,
damages, losses and expenses including reasonable attorney's fees
"
, which the City may be required to payor otherwise sustain by
reason of the construction, maintenance, location, or existence
of such walkway.
7.
Ramada Inn shall furnish to the City a certificate
of insurance indicating that Ramada Inn has in effect
comprehensive general liability insurance, naming the City as an
additional name insured, which defends and insures the City
against any liability resulting from the construction,
maintenance or existence of such walkway.
Such contract of
insurance shall be written by a company and in the form approved
by the City's Risk Manangement Division and shall afford, where
applicable, liability coverage for bodily injury including death,
and/or damage, destruction to and/or loss of use of property in
an amount not less than One Million Dollars ($1,000,000)
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for each accident combined single limit coverage.
Ramada Inn
shall pay all premiums chargeable for the acquistion and
maintenance of such liability insurance and shall keep such
insurance in full force and effect at all times during the
existence of the walkway.
The contract of insurance shall
contain a provision that it shall not be terminated or otherwise
allowed to expire prior to sixty days (60) after written notice
that the insurance will be cancelled is given to the Director of
Risk Management of the City.
8.
Ramada Inn shall furnish a bond to the City, with
t.
corporate surety approved by the City Attorney, in the sum of
Ten Thousand Dollars ($10,000) conditioned upon the completion of
construction, maintenance or removal of the walkway by Ramada Inn
promptly upon being directed to do so by the City or its duly
authorized representative in accordance with the terms of this
agreement.
Ramada Inn shall pay all premimums chargeable for the
bond and shall keep such bond in full force and effect at all
times during the existence of the walkway.
The bond shall
contain a provision that it shall not be terminated or otherwise
allowed to expire prior to sixty (60) days after written notice
that the bond will be cancelled is given to the Director of the
City Department of Public Works.
9.
The City does not intend by entering into this
agreement to grant any franchise to Ramada Inn, and the City
hereby expressly reserves the right to terminate or amend this
agreement upon written notice to Ramada Inn.
Within ninety (90)
days after notice to terminate is given, the walkway shall be
-4-
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removed from the air space above the public ri9ht-of~way of Ocean
Avenue by Ramada Inn, and Ramada Inn shall bear all costs and
.
expenses of such removal.
Upon such termination, Ramada Inn
shall also be responsible to repair, replace or restore any
portion of Ocean Avenue or any public utility damaged by the
I
removal of such walkway to the satisfaction of the City or its
duly authorized representative at Ramada Inn's sole expense.
On
the failure, refusal or neglect of Ramada Inn to comply with the
! I provisions of this paragraph or any other provision of this
II the City shall have the right to perform Ramada
; Agreement, Inn's
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I obligation hereunder and charge the cost thereof to
Ramada Inn.
Such cost may be collected by the City in any manner provided by :
!'
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law for the collection of local or state taxes.
10.
Any failure, refusal or neglect to conform fully
with the provisions of this agreement by Ramada Inn shall be
grounds for immediate termination by the City.
CITY OF VIRGINIA BEACH
I
By
City Manager
City Clerk
NEPTUNE ASSOCIATES, A LIMITED
PARTNERSHIP, T/A RAMADA INN ON
THE BEACH By Resort Motor Inns,
Inc., G erìl Partner
"~ ~-
avld Pender, III
President
By
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
.
I,
, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Agreement have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this
day of
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Notary Public
My Commission Expires:
STATE OF VIRGINIA
Cln OF VI~INIA BE~H. t~~
I'~~
,/
Public in and for the City and State aforesaid,
, a Notary
do hereby certify
that David Pender, III, President and General Partner of NEPTUNE
ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH BY
RESORT MOTORS INNS, INC., whose name is signed to the foregoing
Agreement has acknowledged the same before me in my City and
State aforesaid.
GIVEN under my hand this ~ day of LY'~{.--'
19!i
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-----
My ~_ission EXPires'~
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- 14 -
Item II-H. 2
ORDINANCE
ITEM it 21827
ADD ON
,
Upon motion by Councilman Kitchin, seconded by Mayor Jones, City Council
ADOPTED an Ordinance to Transfer Funds of $108,500 for the BEACH
REPLENISHMENT PROGRAM as provided by the Virginia Beach Erosion Com-
mission.
Vote:
10-0
Council Members Voting Aye:
John A. Baum~ Nancy A. Creechf Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.~ Mayor Louis R. Jones~
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
, None
Council Members Absent:
Robert G. Jones
*Verbal Aye
I
May 7, 1984
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- 14a -
AN ORDINANCE TO TRANSFER FUNDS OF $108,500
FOR THE BEACH REPLENISHMENT PROGRAM AS
PROVIDED BY THE VIRGINIA BEACH EROSION
COMMISSION
WHEREAS, the City Council desires to continue the Beach Replenishment
Program which includes the hauling and placement of sand on the beach; and
WHEREAS, the sand hauling program for this spring will cost $754,000 as
determined by low bid; and
WHEREAS, the Erosion Commission has funds of $645,500 available for the
project, and the additional funding needed of $108,500 can be provided by
transfer from excess funds in the Department of Public Works.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $108,500 be transferred from the Construction Materials
and Supplies Account of the Highway Division of the Department of Public
Works to the Erosion Commission budget to complete funding needed for the
summer sand hauling project.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the ~ day of
May
, 1984.
May 7, 1984
- 15 -
Item II-I. 1a-i.
RESOLUTIONS
ITEM II 21828
Eric A. Hauser, was in attendance to respond to any inquiries
,
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED Resolutions approving the issuance of Industrial De-
velopment Revenue Bonds for the following:
CHAMAR, INC., FACILITY (GREAT BIG GREENHOUSE
and NURSERY)
($
650,000)
HERMES ABRASIVES, Ltd.
($ 1,500,000)
THOMAS C. AND ELAINE M. KYRUS FACILITY
($
225,000)
LONDON BRIDGE BUSINESS PARK ASSOCIATES
FACILITY
($ 1,600,000)
RAML ASSOCIATES, JOHN L. SPRING AND WILLIAM
GARY BROOME
($10,000,000)
($ 2,250,000)
NORTHMALL ASSOCIATES FACILITY
SAK ASSOCIATES
($
($
250,000)
KENNETH M. AND MILDRED G. RUDD FACILITY
340,000)
,
WERBER-BRIGGS ASSOCIATES FACILITY
($ 1,000,000)
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech~ Harold Heischober, Mayor Louis
R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and Meyera
E. Oberndorf
Council Members Absent:
I Robert G. Jones
*Verbal Aye
May 7, 1984
---------
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SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1 .
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Chamar, Inc. Facility (Great Biq
Greenhouse and Nursery)
5413 Indian River Road, and 5405 India:
River Road, Virginia B~ach, Virginia
Volume garden çenter/outdoor shop
(retail and wholesale of'hoùse plants
and nursery stock, interior landscap-
ing)
.i§2..Q,000
E. Martin Schara
B-2
Yes
No~
-
Not applicable.
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11/5/B3
DATE:
TO:
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
March 8, 1984
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
Chamar, Inc. Facility
TYPE OF F~CILITY:
Volume garden center/outdoor shop (retail and
wholesale of house plants and nursery stock,
interior landscaping)
1.
Maximum amount of financing sought
$-22Q,OOO
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 650,000
3.
Estimated real property tax per year
using present tax rates
$
5,200
4.
Estimated personal property tax per
year using present tax rates
1,000
$
5.
Estimated merchants' capital (business
license) tax per year using present tax
rates
3,450
$
6.
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 400,000
7.
Estimated number of regular employees on
year round basis
:; 20 - 40
8.
Average annual salary per employee
$
9,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
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I. WILLOW.ALE
2, SAR'WOOO CT
'HEATHWOOO CT
4, PlNOA. CT
, CHES,"UT CT
. OLD HOMESTEAD
T STRICKLAND Bl yO
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CHAMAR,
INC.
FACILITY
I
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RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
CHAMAR, INC. FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Chamar,
Inc., a Virginia corporation, or any corporation or partnership
of which E. Martin Schara is a shareholder or partner (the
"Company") for the issuance of the Authority's industrial develop-
ment revenue bonds in an amount not to exceed $650,000 (the
"Bonds") to assist in the financing of the Company's acquisition,
construction and equipping of a volume garden center/outdoor
shop facility (the "Facility) to be located at 5413 Indian
River Road and 5405 Indian River Road in the City of Virginia
Beach, Virginia, and has held a public hearing thereon on April
10, 1984; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to §15.1-1378.l, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
The Council of the City of Virginia beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Chamar, Inc.,
a Virginia corporation, or any corporation or partnership of
which E. Martin Schara is a shareholder or partner, to the
extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
I
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of the Facility.
2.
The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from (1) the Authority's failure to issue bonds for the Facility
for any reason, including but not limited to any decision by
the Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other projects
if the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted; or
(2) the Authority's failure for any reason after the issuance
of bonds for the Facility to allocate a portion of its allowable
industrial development bond volume to the Facility if the issuance
of tax-exempt bonds by the Authority is restricted by any State
or Federal statute now or hereafter enacted.
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach,' Virginia, on April 10, 1984.
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SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I
Project Name:
Hermes Abrasives, Ltd.
Project Location:
524 Viking Drive
Virginia Beach, Virginia
Description of Project:
Addition to Manufacturing Plant
Amount of Bond(s):
$1,500,000
Principals:
Hermes Abrasives, Inc.
Norddeutsche Schleifmittel Industri
I
Zoning Classification:
a. Present zoning classification
of the Property:
industrial
b. Is rezoning proposed?
Yes
No
xx
c. If so, to what zoning
classification?
I
.."H...'.. ,
City Council of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
I
HERMES ABRASIVES, LTD.
Manufacturing Plant Facility
1.
2.
Maximum amount of financing sought
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$1,500,000
4.
Estimated personal property tax per
year using present tax rates
$ 750,000
$ 6,000
~ 3,750
3.
Estimated real property tax per year
using present tax rates
5.
Estimated merchants' capital tax
(business license tax) per year using
present tax rates
$
N/A
I
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 475,000
7. Estimated number of regular employees
on year round basis $ 10-15
8. Average annual salary per employee $ 17,235
The information contained in this statement is
based solely on facts and estimates provided by the
Applicant, and the Authority has made no independent investi-
gation with respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
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524 ~iking Drive
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Addition to
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RESOLUTION OF
CITY COUNCIL OF VIRGINIA BEACH
APPROVING ISSUANCE OF BONDS
FOR HERMES ABRASIVES, LTD.
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WHEREAS, the City of Virginia Beach Development
Authority (the Authority) has considered the application of
Hermes Abrasives, Ltd. (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $1,500,000 (the Bonds) to assist in the
financing of the Company's construction and equipping of an
addition to its existing manufacturing plant facility (the
Facility) to be located at 524 Viking Drive, in Virginia
Beach, Virginia, and to be owned by the Company, and has held
a public hearing thereon on April 10, 1984.
WHEREAS, Section 103(k) of the Internal Revenue
Code of 1954, as amended, provides that the highest elected
governmental officials of the governmental units having
jurisdiction over the issuer of industrial development bonds
and over the area in which any facility financed with the
proceeds of industrial development bonds is located shall
approve the issuance of such bonds; and
WHEREAS, the Authority issues its bonds on behalf
of Virginia Beach, Virginia (the City), the Facility is to
be located in the City and the members of the City Council of
Virginia Beach (the Council) constitute the highest elected
governmental officials of the City; and
I
WHEREAS, Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended, provides that the Council shall
within 60 calendar days from the public hearing with respect
to industrial development revenue bonds either approve or
disapprove the issuance of such bonds; and
WHEREAS, the Authority has recommended that the
Council approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, a record of the public hearing with respect to
the Bonds, and a Fiscal Impact Statement in the form
prescribed by Section 15.1-1378.2 of the Code of Virginia of
1950, as amended, and a reasonably detailed summary of the
comments expressed at the public hearing, if any have been
filed with the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
I
I
1. The recitals made in the preambles to this
Resolution are hereby adopted as a part of this Resolution.
2. The City Council of Virginia Beach, Virginia,
approves the issuance of the Bonds by the Authority for the
benefit of Hermes Abrasives, Ltd. (the Company), to the
extent required by Section 103(k) of the Internal Revenue
Code of 1954, as amended (the Code), and Section 15.1-1378.1
of the Code of Virginia of 1950, as amended (the Virginia
Code), to permit the Authority to assist in the financing of
the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Code and Section
15.1-1378.1 of the Virginia Code, does not constitute an
endorsement to a prospective purchaser of the Bonds of the
creditworthiness of the Facility or the Company, but, as
required by Chapter 643 of the Acts of Assembly of 1964, as
amended, the Bonds shall provide that neither the City nor
the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor and neither the
faith or credit nor the taxing power of the Commonwealth of
Virginia, the City nor the Authority shall be pledged
thereto.
I
4. In approving the Resolution, the City of
Virginia Beach, including its elected representatives, offi-
cers, employees, and agents, shall not be liable and hereby
disclaims all liability for any damages to any person, direct
or consequential, resulting from (1) the Authority's failure
to issue bonds for the Facility for any reason, including but
not limited to any decision by the Authority in its sole
discretion to allocate its allowable industrial development
bond volume to one or more other projects if the issuance of
tax-exempt bonds by the Authority is restricted by any State
or Federal Statute now or hereafter enacted; (2) the
Authority's failure for any reason after the issuance of
bonds for the Facility to allocate a portion of its allowable
industrial development bond volume to the Facility if the
issuance of tax exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
5. This Resolution shall take effect immediately
upon its adoption.
Adopted by a quorum of the Council of the City of
Virginia Beach, Virginia, on , 1984.
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SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1 .
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Thomas C. and Elaine M. Kyrus FR~ility
~
1206 I,¡askin Road
VirqiniR Rp~~h, VirginiR
? 14 [:j 1-
--.£QITU1lercial office UI1it for subsequent
lease to Thomas C. Kyrus & Asso~iRtes
Realty
----S2.25.000
Thomas C. Kyrus
Elaine M. Kyrus
0-1
Yes
x
No
-
,
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
I
Date:
To the City of Virginia Beach Development Authority
Applicant: Thomas C. Kyrus and Elaine M. Kyrus
-.:"-:;' Facility: Birdneck Office Condominium'
1. Maximum amount of fi nand ng sought $ 225,000
2. Estimated taxable value of the facility's real property
to be constructed in the municipality $ 210,000
3. Estimated real property tax per year using present tax 1,600
rates $
4. Estimated personal proþerty tax per year using present 3,200
tax rates $
5. Estimated merchants' capital ta.K per year using present 2,135
tax rates $
6.
Estimated dollar value per year of goods and service
that will be purchased locally
$ 400,000
I
7.
8.
Estimated number of regular employees on year round basis
$
-3-
Average annual, salary per employee
$
45,000
If one or more of the above questions do not apply to the facility
indicate by writing N/A (not applicable) on the appropriate line.
The information contained in this Statement is based solely on facts and
estimates provided by the AppLicant, and the Authority has made no independent
investigation with respect thereto.
, twit;: J¡.
O1airman, City 07 Virginia
Beach Developnent Authority
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2.1 30.000 F T
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16.00'00. JO!PS Map 6
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Va Beach
Fishing Pie
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PROJECT NAME:
THOMAS C.
KYRUS AND ELAINE M.
KYRUS
PROJECT ADDRESS:
1206 LASKIN ROAD
VIRGINIA BEACH, VIRGINIA 23451
f
TYPE OF PROJECT:
COMMERCI.~L OFFICE UNIT FOR SUBSEQUENT LEASE
TO THOMAS C. KYRUS & ASSOCIATES REALTY, INC.
I
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A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on April 16, 1984.
On Motion by
and seconded by
, the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUS'I'RIAL DEVELOPMENT
REVENUE BOND TO THOMAS C. KYRUS AND ELAINE
M. KYRUS
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of Thomas C.
Kyrus and Elaine M. Kyrus (collectively, the "Purchaser") for
the issuance of the Authority's industrial development revenue
bond in an amount not to exceed $225,000 (the "Bond") to assist
in the financing of the PurchasE!r's acquisition and equipping
of a 2,300 square foot commercial office unit to be located at
1206 Laskin Road in the Birdneck Office Condominiums in
, Virginia Beach, Virginia (all improvements and equipment being
collectively referred to as the "Facility") for subsequent
lease to Thomas C. Kyrus & Associates Realty, Inc., and has
held a public hearing thereon on April 10, 1984; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed upon
and a record of the public hearing has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1.
The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, in a principal amount not to exceed
$225,000 for financing the acquisition and equipping of a 2,300
square foot commercial office unit to be located at 1206 Laskin
I
I
I
Road in the Birdneck Office Condominiums in Virginia Beach,
Virginia, for subsequent lease to Thomas C. Kyrus & Associates
Realty, Inc., for the benefit of Thomas C. Kyrus and Elaine M.
Kyrus, to the extent required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the finan-
cing of the Facility.
2.
The approval of the issuance of the Bond, as required
by Section 103(k), does not constitute an endorsement of the
Bond or the creditworthiness of the Purchaser, but, as required
by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or cre-
dit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or conse-
quential, resulting from (1) the Authority's failure to issue
bonds for the Facility for any reason, including but not lim-
ited to any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume to
one or more other projects if the issuance of tax-exempt bonds
by the Authority is restricted by any State or Federal statute
now or hereafter enacted; or (2) the Authority's failure for
any reason after the issuance of bonds for the Facility to
allocate a portion of its allowable industrial development bond
volume to the Facility if the issuance of tax-exempt bonds by
the Authority is restricted by any State or Federal statute now
or hereafter enacted.
4.
This Resolution shall take effect immediately upon
its adoption.
-2-
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I
.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 16, 1984.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held April 16, 1984.
Clerk
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SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1 .
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
London Bridge Business Park
Associates Faclllty
Virqinia Beach Boulevard at Great
Neck Road next to Har~ees Restaurant
44,923 square Foot office/warehouse
complex
~oo,ooo
Kenneth M. Rudd, William P. Litton~
B-2
Yes
N 0 ----L-
-
Not applicable.
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---~ ---------- .-------
11/5/83
DATE:
TO:
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
February 29, 1984
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
London Bridge Business Park Associates Facility
TYPE OF FACILITY: Office/warehouse complex
1.
Maximum amount of financing sought
$ -h.~o_o , 000
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality .
$ 1,500,000
3.
Estimated real property tax per year
using present tax rates
$
12,000
4.
Estimated personal property tax per
year using present tax rates
$ N/A
5.
Estimated merchants' capital (business
license) tax per year using present tax
rates
$
12,00,9
6.
Estimated dollar value per year of goods
and services that will be purchased
locally
2,500,000 -
$ 3,000,O~--
7.
Estimated number of regular employees on
year round basis
'>
50
8.
Average annual salary per employee
$
17,500
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Develqpment Authority
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BUSH ESS
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RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
LONDON BRIDGE BUSINESS PARK ASSOCIATES FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of London
Bridge Business Park Associates, a Virginia general partnership,
or any corporation or partnership of which Kenneth M. Rudd
and/or William P. Litton is a shareholder or partner,
(the
"Company") for the issuance of the Authority's industrial develop-
ment revenue bonds in an amount not to exceed $1,600,000 (the
"Bonds") to assist in the financing of the Company's acquisition,
construction, and equipping of an office/warehouse complex
located on Virginia Beach Boulevard at Great Neck Road next
to Hardees Restaurant in the City of Virginia Beach, Virginia,
and has held a public hearing thereon on April 10, 1984; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to §15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
The Council of the City of Virginia beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of London Bridge
Business Park Associates, a Virginia general partnership, or
any corporation or partnership of which Kenneth M. Rudd and/or
William P. Litton is a shareholder or partner, to the extent
of and as required by Section 103(k) of the Internal Revenue
I
I
I
, I
Code, to permit the Authority to assist in the financing of
the Facility.
2.
The approval of the issuance of the Bonds, as required
by Section lO3(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from (1) the Authority's failure to issue bonds for the Facility
for any reason, including but not limited to any decision by
the Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other projects
if the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted; or
(2) the Authority's failure for any reason after the issuance
of bonds for the Facility to allocate a portion of its allowable
industrial development bond volume to the Facility if the issuance
of tax-exempt bonds by the Authority is restricted by any State
or Federal statute now or hereafter enacted.
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on April ---' 1984.
--2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
I 1. PROJECT NAME: Northmall Associates Facility
2. LOCATION: Northmall Drive
Virginia Beach, Virgïnia 23452
3. DESCRIPTION OF PROJECT: Shopping center. complex
-
4.
AMOUNT OF BOND ISSUE:
$10,000,000
5.
PRINCIPALS:
Alan Nordlinger
Alan Nusbaum
Robert M. Stein
Edward ß. Stein
Arthur H. Stein
I
Barbara Fischer
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
B-2
b.
Is rezoning proposed?
Yes
No
x
--
c.
If so, to what zoning
classification?
I
,.
I
I
--
U__nUU -
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
..
Date: March 12, 1983
. To the City of Virginia Beach Development Authority
""..:"
:<~:~.. Applicant: Northma1l A~~ociates .
~?'/' ,.
"/~:"..:~-Facility: '. :'Northmall Associates Facility
1.
2.
Maximum amount of financing sought
Estimated taxable value of the facility's real property
to be constructed in the municipality
$ 10,000,000
$ 10,000,000
$ 80,000
$ 50,000
3.
Estimated real property tax per year using present tax
rates
4.
Estimated personal property tax per year using present
tax rates
capital ~
Estimated merchants' tax per year using present
tax rates
25.000
5.
$
6.
Estimated dollar value per year ,of goods and service
that will be purchased locally
$ 20,000,000
7.
8.
Estimated number of regular employees on year round basis
Average annual salary per employee.
$
500
$
15 . or..o
, .
.~~~~~:¡~ one or more of the above questions do not apply to the facility
indicate by writing N/A. (not applicable) on the appropriate line.
I
The information contained in this Statement is based solely on facts and
estimates provided by the Applicant, and the Authority has made no independent
investigation with respect thereto. '-
, £w4.;,J.'
Clainnan, City of Virginia
Beach Developnent Authority
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PROJECT NAME:
NORTHMALL ASSOCIATES
PROJECT ADDRESS:
NORTHMALL DRIVE
VIRGINIA BEACH, VIRGINIA 23452
TYPE OF PROJECT:
SHOPPING CENTER COMPLEX
I
I
I
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on April 16, 1984.
On Motion by
and seconded by
, the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS TO NORTHMP.LL ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of Northmall
Associates (the "Company") for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$10,000,000 (the "Bonds") to assist in the financing of the
Company's construction of a shopping center complex containing
retail stores, restaurants, movie theatres and office space
(all improvements being collectively referred to as the
"Facility") on land located on Northmall Drive between Oceana
West Industrial Park and Lynnhaven Mall in Virginia Beach,
Virginia, and has held a public hearing thereon on April 10,
1984; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bonds to comply with Section 103{k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution of intent
approving the issuance of the Bonds adopted on September 2,
1980 (the "Resolution of Intent"), a copy of the validation
order entered on January 6, 1981 in the Circuit Court of the
City of Virginia Beach, a copy of the Authority's resolution
ratifying the Resolution of Intent adopted on April 10, 1984,
and a record of the public hearing has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1.
The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
I
I
I
Beach Development Authority, in a principal amount not to
exceed $10,000,000 for financing the construction of a shopping
center complex containing retail stores, restaurants, movie
theatres and office space on land located on Northmall Drive
between Oceana West Industrial Park and Lynnhaven Mall in
Virginia Beach, Virginia, for the benefit of Northmall
Associates, to the extent required by Section 103(k) of the
Internal Revenue Code, to permit the Authority to assist in the
financing of the Facility.
2.
The approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endorsement
of the Bonds or the creditworthiness of the Company, but, as
required by Section 15.1-1380 of the Code of Virginia of 1950,
as amended, the Bonds shall provide that neither the City nor
the Authority shall be obligated to pay the Bonds or the inter-
est thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or conse-
quential, resulting from (1) the Authority's failure to issue
bonds for the Facility for any reason, including, but not lim-
ited to, any decision by the Authority in its sole discretion
to allocate its allowable industrial development bond volume to
one or more other projects if the issuance of tax-exempt bonds
by the Authority is restricted by any State or Federal statute
now or hereafter enacted; or (2) the Authority's failure for
any reason after the issuance of bonds for the Facility to
allocate a portion of its allowable industrial development bond
volume to the Facility if the issuance of tax-exempt bonds by
the Authority is restricted by any State or Federal statute now
or hereafter enacted.
-2-
I
I
I
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 16, 1984.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held April 16, 1984.
Clerk
-3-
SUM\1ARY SHEET
I
CITY OF VIRGINIA BI~CH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name:
RANL Associates, John L. Spring and
William Gary Broome
Project Location:
513 Viking Drive
Oceana West Industrial Park
Virginia Beach, Virginia
Description of Project:
acquisition of a certain parcel of land
containing approximately 4.5 acres and
to renovate and equip that certain 81,000
square foot warehouse building persently
located thereon with related office space
for subsequent lease to tenants
Amount of Bonds:
$2.,250,000
Principals:
RM4L Associates, a Virginia general partnership,
John L. Spring and William Gary Broome
Zoning Classification:
I
a.
Present Zoning
classification of
the Property
1-1
b.
Is Zoning Proposed
No
c.
If so, to what zoning
classification N/l~
I
I~
I
I
7.
11/5/83
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUS'I'RIAL REVENUE BOND FINANCING
DATE:
March 1h, 1984
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
RAML Associates - Spring - Broome
TYPE OF FACILITY:
Warehouse
1.
Maximum amount of financing sought
$~~~50,000
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
Estimated real property tax per year
using present tax rates
3.
$ 2,250,000
$ 16,000
$ 6,600
4.
Estimated personal property tax per
year using present tax rates
(to be added by N. V. Spring)
Estimated merchants' capital (business
license) tax per year using present tax
rates (to be added by N. V. Spring)
5.
$
6,100
6.
Estimated dollar value per year of goods
and services that will be purchased
locally
$ ~---
Estimated number of regular employees on
year round basis
60
$
8. Average annual salary per employee
Last year;sa1es $6,500,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
$
10.500
City of Virginia Beach
Development Authority
By
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A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 16th day of Apri.l, 1984.
On motion by
and seconded by
the following Resolution was adopted.
I
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(RAML Associates and John L. Spring and William Gary Broome Facility)
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of RAML Associates,
a Virginia general partnership, and John L. Spring and William Gary
Broome, as tenants in comon (the "Developers"), for the issuance of
the Authority's industrial development revenue bonds in an amount not
to exceed $2,250,000 (the "Bonds") to assist in the financing of the
Developers's acquisition of a certain parcel of land containing approx-
imately 4.5 acres located at 513 Viking Drive in Oceana West Industrial
Park, Virginia Beach, Virginia, and to renovate and equip that certain
I
81,000 square foot warehouse buiJ~ding presently located thereon with
related office space for subsequent lease to tenants (the "Facility")
and has held a public hearing thereon on April 10, 1984; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia, (the "City") to approve the
issuance of the Bonds to comply vTith § 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:
I
1.
The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority in a principal amount not to exceed $2,250,000
to finance the acquisition of a certain parcel of land containing approx-
imately 4.5 acres located at 513 Viking Drive in Oceana West Industrial
Park, Virginia Beach, Virginia, and to renovate and equip that certain
81,000 square foot warehouse building presently located thereon with
related office space for subsequent lease to tenants for the benefit
of the Developers to the extent of and as required by Section 103(k)
I
of the Internal Revenue Code of 1954, as amended, to permit the Authority
to assist in the financing of the Facility.
2.
The approval of the issuance of the Bonds, as required
by § 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Developers, but, pursuant to Chapter 643 of
the Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3.
In approving the Resolution, the City, including its
elected representatives, officers, employees and agents shall not be
I
liable and hereby disclaims all liability for any damages to any person,
direct or consequential, resulting from (1) the Authority's failure
to issue Bonds for the Facility for any reason, including but not limited
to any decision by the Authority in its sole discretion to allocate
its allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter enacted;
or (2) the Authority's failure for any reason after the issuance of
Bonds for the Project to allocate a portion of its allowable industrial
development bond volume to the F2,cility if the issuance of tax-exempt
bonds by the Authority is restricted by any State or Federal statute
now or hereafter enacted.
I
4.
This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on April 16, 1984.
"
I
I
I
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1 .
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Kenneth M. and Mildred G. Rudd
Facility
Interseçtion of Jack Rabbit Road
and Donna Boulevard
10,000 square foot offic~/warehouse
complex
~,ooo
Kenneth M. Rudd. Mildred G. Rudd
B-2
Yes
No --.1QL
-
Not applicable.
I
I
I
11/5/83
DATE:
TO:
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
March 1, 1984
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
Kenneth M. and Mildred G. Rudd Facility
TYPE OF FACILITY: Office/Warehouse complex
3.
1.
Maximum amount of financin'3 sought
$~!.~OO
2.
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$375,000
Estimated real property tax per year
using present tax rates
3,000
$
4.
Estimated personal property tax per
year using present tax rates
N/A
$
5.
Estimated merchants' capital (business
license) tax per year using present tax
rates
$
1,200
6.
Estimated dollar value per year of goods
and services that will be purchased
locally
$750,000
7.
Estimated number of regular employees on
year round basis
..'
20
8.
Average annual salary per employee
$ 17,500
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By~c6t.,.
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Scale For Maps 1 thru 31 1"=2000'
Scale I n Miles
0 y,
>--- ----- -
Scale In Feet
0 1000 2000 3000 4000 5000
t- ....... ....... I
Scale For Maps 32 thru 39
Scale In Miles
0 y, 1
..... ...... ..... ..... ...... I
2
3
Scale I n Feet
0 5000 10,000
.................... - -.......... I
Black numbered I,cks ouls>de the nealline indicale Ihe 10.000 fool ßnd based on
V"ßon," coordonale Syslem.
Re.j nuonbe,"" locks ou",de Ihe nea!"ne ondlcale lal,lude and 10n~'lude
c
u
'2,730,000 FT
76.0000' Joins Map 22
J
MILDRED
RUDD
I
I
I
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
KENNETH M. AND MILDRED G. RUDD FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Kenneth
M. and Mildred G. Rudd (the "Company") for the issuance of
the Authority's industrial development revenue bonds in an
amount not to exceed $250,000 (the "Bonds") to assist in the
financing of the Company's construction and equipping of an
office/warehouse complex located at the intersection of Jack
Rabbit Road and Donna Boulevard in the City of Virginia Beach,
Virginia, and has held a public hearing thereon on April 10,
1984; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to §15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
The Council of the City of Virginia beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Kenneth M. and
Mildred G. Rudd, to the extent of and as required by Section
103(k) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Facility.
2.
The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
I
I
I
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from (1) the Authority's failure to issue bonds for the Facility
for any reason, including but not limited to any decision by
the Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other projects
if the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted; or
(2) the Authority's failure for any reason after the issuance
of bonds for the Facility to allocate a portion of its allowable
industrial development bond volume to the Facility if the issuance
of tax-exempt bonds by the Authority is restricted by any State
or Federal statute now or hereafter enacted.
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on April ---' 1984.
-2-
I
I
I
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1.
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
SAK Associates
1206 Laskin Road
-..--.."--,' ..
Norfolk, Virginia-23451
~ercial off~ceunit for subsequent
lease to various professional tenants
$340,000
George T. Stagq
F. Patrick Kavanaugh
A. G. Alexander
,
0-1
Yes
No X
......--
I
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
Date:
To the City of Virginia Beach Development Authority
Applicant:
'Sak Associates
""" Facility:
~irdneck Office Condominium'
1.
2.
Maximum amount of financing sought
Estimated taxable value of the facility's real property
to be constructed in the municipality
3.
Estimated real property tax per year using present tax
rates
4.
Estimated personal property ta;( per year using present
tax rates
5.
Estimated merchants' capital tax per year using present
tax rates
I
6.
Estimated dollar value per year of goods and service
that will be purchased locally
7.
Estimated number of regular employees on year round basis
8.
Average annual, salary per employee
If one or more of the above questions do not apply to the facility
indicate by writing N/A (not applicable) on the appropriate line.
$340,000
$290,000
$
2,300
$
3,600
$
1,800
$130 , 000
$
-3-
$ 12,000
The information contained in this Statement is based solely on facts and
estimates provided by the Applicant, and the Authority has made no independent
investigation with respect thereto.
¡fw/L ~ ~~
~inran,' City of irginia
Beach Deve1opnent Authority
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PROJECT NAME:
SAK ASSOCIATES
.J
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fishing Pie
PROJECT ADDRESS:
1206 LASKIN ROAD
VIRGINIA BEACH, VIRGINIA 23451
1c
TYPE OF PROJECT:
COMMERCIAL OFFICE UNIT FOR SUBSEQUENT
LEASE TO VARIOUS PROFESSIONAL TENANTS
I
I
I
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on April 16, 1984.
On Motion by
and seconded by
, the following Resolution was
adopted.
RESOLUTION OF THE Cr~Y COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO SAK ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of SAK
Associates, a Virginia general partnership (the "Company") for
the issuance of the Authority's industrial development revenue
bond in an amount not to exceed $340,000 (the "Bond") to assist
in the financing of the Company's acquisition and equipping of
a 2,955 square foot commercial office unit to be located at
1206 Laskin Road in the Birdneck Office Condominiums in
Virginia Beach, Virginia (all improvements and equipment being
collectively referred to as the "Facility") for subsequent
lease to various professional tenants and has held a public
hearing thereon on April 10, 1984; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed upon
and a record of the public hearing has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1.
The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, in a principal amount not to exceed
$340,000 for financing the acquisition and equipping of a 2,955
square foot commercial office unit to be located at 1206 Laskin
Road in the Birdneck Office Condonimiums in Virginia Beach,
I
I
I
Virginia for subsequent lease to various professional tenants
for the benefit of SAK Associates, to the extent required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2.
The approval of the issuance of the Bond, as required
by Section 103(k), does not constitute an endorsement of the
Bond or the creditworthiness of the Company, but, as required
by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or cre-
dit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3.
In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or conse-
quentia1, resulting from (1) the Authority's failure to issue
bonds for the Facility for any reason, including but not lim-
ited to any decision by the Authority in its sole discretion to
allocate its allowable industrial development bond volume to
one or more other projects if the issuance of tax-exempt bonds
by the Authority is restricted by any State or Federal statute
now or hereafter enacted; or (2) the Authority's failure for
any reason after the issuance of bonds for the Facility to
allocate a portion of its allowable industrial development bond
volume to the Facility if the issuance of tax-exempt bonds by
the Authority is restricted by any State or Federal statute now
or hereafter enacted.
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 16, 1984.
-2-
I
I
I
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held April 16, 1984.
Clerk
.-3-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name:
I
Project Location:
Description of Project:
Amount of Bond(s):
Principals:
Zoning Classification:
I
a. Present zoning
classification of
the property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification
I
WERBER-BIGGS ASSOCIATES FACILITY
2.96 acre parcel fronting on the
east side of Seahawk Circle, located
approximately 200 feet south of the
intersect ion of Seahawk Ci rcle and
International Parkway (a/k/a Parcel
51 Oceana West Industrial Park)
26,000 square foot office, showroom
and warehouse building, together
with related parking facilities
Not more than $1,000,000.00, pursuant
to a two phase plan of financing
Richard A. Werber and Steven o. Biggs
I-I
No
N/A
I
6.
I 7.
8.
I
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
werber-Biggs Associates Facility
TYPE OF FACILITY:
26,000 Square Foot Office/Showroom
Warehouse Building
1.
Maximum amount of financing sought
$ 1,000,000.00
2.
Estimated taxable value of the
facility's real property to be
constructed in the municipality
$ 600,000.00*
$ 4,800.00*
$ 2,300.00*
3.
Estimated real property tax per
year using present tax rates
4.
Estimated personal propE~rty tax
per year using present tax rates
5.
Estimated merchants' capital tax
(e.g. business licenses, etc.)
per year using present tax rates
$
54,000.00*
Estimated dollar value per year
of goods and services (including
professional services) that will
be purchased locally
$ 172,300.00*
10*
$ 16,000.00*
Estimated number of regular
employees on year round basis
Average annual salary per employee
*NOTE:
Estimates based only on phase one of Facility,
containing 13,000 square feet, during first
full year of operation.
The information contained in this statement is based solely
on facts and estimates provided by the Applicant and the
Authority has made no independent investigation with respect
thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY OF
VIRGINIA BEACH, VIRGINIA
By
flwß "f)#.
Author' Chairman
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SUBJECT,PROPERTY OF:
WERBER-BIGGS ASSOCIATES,
AND DESCRIBED AS PARCEL # 51,
OCEANA WEST INDUSTRIAL PARK,
VIRGINIA BEACH, VIRGINIA
PROPERTY CONTAINS APPROXIMATELY 2.96 Ac. &
FRONTS ON SEAHAWK CIR., APPROXIMATELY
200 FEET SOUTH OF INTERNATIONAL PKWY.
,
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VICINITY MA
WERBER-BIGG~ OF:
FACILITY A:~OC~~!~~
.- -, --
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- ""--:;.:.' :'-~::':~~
RESOLUTION OF CITY COUNCIL APPROVING
THE PLAN OF FINANCING OF
WERBER-BIGGS ASSOCIATES
WHEREAS,
the
City
of
Virginia
Beach
Development
Authority of Virginia Beach, whose address is 401 Lynnhaven
I
Parkway, Virginia Beach, Virginia (the Authority) has con-
sidered
the
application
of
Werber-Biggs
Associates,
a
Virginia
general
partnership,
whose
address
is
103
South
Witchduck Road, Virginia Beach, Virginia 23462 (the Company)
for the issuance of the Authority's industrial development
revenue
bond
in
an
amount
not
to exceed
$1,000,000
(the
Bond) to assist in the financing of the Company's acquisi-
tion, construction, furnishing and equipping of a twenty-six
hundred (26,000) square foot office, showroom and warehouse
building,
together
with
related
parking
facilities
(the
Facility) on a 2.96 acre parcel of land fronting on the east
side of Seahawk Circle, located approximately 200 feet south
I
of
the
intersection
of
Seahawk
Circle
and
International
Parkway (a/k/a Parcel 51, Oceana West Industrial Park),
in
Virginia Beach,
Virginia
to be owned by the Company,
and
leased to and operated by Gahts, Ltd., a Virginia corporation,
and has held a public hearing thereon on
April 10, 1984
; and
WHEREAS,
the
Authority
has
requested
the
City
Council (the Council) of Virginia Beach, Virginia (the City)
to approve
the plan of
financing,
to comply wi th Section
103(k)
of
the
Internal Revenue Code of
1954,
as amended;
and
WHEREAS, pursuant to §15.1-1378.1, Code of Virginia
of 1950,
as amended,
a copy of the Au thori ty' s resolut ion
approving the issuance of the Bond, subject to terms to be
I
agreed upon and a reasonably detailed summary of the com-
ments
expressed
at
the public hearing,
if
any,
have been
filed
with
the
Council
of
the
City
of
Virginia
Beach,
Virginia;
THEREFORE,
BE
IT RESOLVED BY THE CITY COUNC IL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
- 1 -
1.
The
Council
of
the
City
of
Virginia
Beach,
Virginia,
approves
the
plan
of
financing
by
the Ci ty of
Virginia
Beach
Development
Authority,
for
the
benefit
of
Werber-Biggs
Associates,
a
Virginia
general
partnership,
whose address is 103 South Witchduck Road, Virginia Beach,
I
Virginia
23462, to the extent of and as required by Section
103(k) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Facility.
2.
The
approval
of
the
plan
of
financing
as
required by Section lO3(k), does not constitute an endorse-
ment
of
the Bond or the credi tworthiness of
the Company,
but, pursuant to Chapter 643, Virginia Acts of Assembly of
1964,
as amended,
the Bond shall provide that neither the
City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the
faith or credit
nor the taxing power of
the Common-
I wealth, the City, or the Authority shall be pledged
thereto.
3. In approving the Authority's resolution, the
City
of
Virginia
Beach,
including
its
elected
represen-
tatives,
officers,
employees,
and
agents,
shall
not
be
liable and hereby disclaims all liability for any damages to
any person, direct or consequential, resulting from (1) the
Authority's failure to issue bonds for the Facility for any
reason,
including
but
not
1 imi ted to any dec is ion by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other pro-
jects if the issuance of tax-exempt bonds by the Authority
I
is
restricted
by
any
State
or
Federal
statute
now
or
hereafter enacted;
or
( 2 )
the Authority's failure for any
reason after the issuance of bonds for the Facility to allo-
cate a portion of its allowable industrial development bond
volume to the Facility if the issuance of tax-exempt bonds by
the Authority is restricted by any State or Federal statute
- 2 -
r
now or hereafter enacted.
4.
This Resolution shall take effect
immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of
the City of Virginia Beach, Virginia, on
I
1984.
mh.g
r.wb.c
I
I
- 3 -
- 16 -
Item II-I.2.a.
RESOLUTIONS
ITEM If 21829
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the authorization to advertise the following:
18
NOTICE OF PUBLIC HEARING ON PROPOSED HOUSING REVENUE
BOND FINANCING BY THE PORTSMOUTH REDEVELOPMENT AND
HOUSING AUTHORITY TO ASSIST NEWTOWN DIAMOND ASSOCIATES
TO ACQUIRE, CONSTRUCT AND EQUIP A MULTI-FAMILY HOUSING
PROJECT IN VIRGINIA BEACH, VIRGINIA,
The Public Hearing will be held May 21, 1984 at 2:00 p.m. in the Council
Chambers of the City of Virginia Beach, Virginia.
Voting:
11-0
Council Members Voting Aye:
,
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones~
Robert G. JonesfW. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
,
- 16a -
,
NOTICE OF PUBLIC HEARING ON PROPOSED
HOUSING REVENUE BOND FINANCING BY THE
PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY
TO ASSIST NEWTOWN DIAMOND ASSOCIATES
TO ACQUIRE, CONSTRUCT AND EQUIP A
MULTI-FAMILY HOUSING PROJECT IN VIRGINIA BEACH, VIRGINIA
I
Notice is hereby given that the Council of the City of
Virginia Beach, Virginia (the "Council"), will hold a public hearing
on the request of Newtown Diamond Associates, a Virginia limited part-
nership now being formed (the 'Purchaser"), for the Council to invite
and encourage the Portsmouth Redevelopment and Housing Authority to
exercise its powers to issue its housing revenue bonds to assist the
Purchaser in acquiring, constructing and equipping a multi-family
housing project consisting of 120 housing units and associated ameni-
ties (the "Project") located at the intersection of Newtown Road and
Shumey Lane, in Virginia Beach, Virginia, which Project will reserve
at least 20% of the housing units for persons of low or moderate
income.
The public hearing, which may be continued or adjourned, will
I
be held at 2:00 o'clock p.m. on May 2~ 1984, before the Council, in
the Council Chambers, Virginia Beach Municipal Center, Virginia Beach,
Virginia. Any person interested in the request before the Council,
the issuance of the bonds or the location or purpose of the Project
may appear and be heard.
CITY OF VIRGINIA BEACH, VIRGINIA
I
--------
May 7, 1984
.
I
I
I
- 16b -
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1 .
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a.
Present zoning
classification of the
Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Newtown Diamond Associates
Intersection of Newtown Road and
Shurnev Lane
120-unit multi-fðmil~ residential
. .
rental pro.iect
~to exceed $5.000~OOO
Anthony Genovese
Jerome Perl man
Jeffrey Kramer
Edward Kramer
Richard Kramer
A-2
Yes
x
No
-
May 7, 1984
~
"..."-""'.""...,'
L/rru.: CRt:EA COVE
N
18
,
I
- 17 -
Item II-I.3.
RESOLUTIONS
ITEM II 21830
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED a Resolution authorizing certain Sand Grading Acti-
vities at SANDBRIDGE BEACH due to an Emergency Situation.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
I
I
- 17a -
A RESOLUTION AUTHORIZING CERTAIN SAND
GRADING ACTIVITIES AT SANDBRIDGE BEACH
DUE TO AN EMERGENCY SITUATION
WHEREAS, pursuant to § 44-146.13, et seg. and subsection
3K of § 62.1-13.25 of the Code of Virginia, as amended, the
governing body of the City of Virginia Beach may declare an
emergency for the purposes of authorizing certain activities on
coastal primary sand dunes in order to protect the public health
or safety without said activity having to be reviewed and approved
by the local Wetlands Board; and
WHEREAS, the permit process for authorization by the
Wetlands Board for sand grading activities on coastal primary sand
dunes generally involves several months; and
WHEREAS, the beach, shores and sand dunes located at
Sandbridge Beach have seriously eroded causing a hazard to the
beach, shores and the property adjacent thereto.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that pursuant to § 44-146.13, et seg.
and subsection 3K of § 62.1-13.25 of the Code of Virginia, as
amended, an emergency is declared on the sandy beach area east of
Sandfiddler Road at Sandbridge Be!ach and the City Manager may
issue sand grading permits pursuant to § 6-13 of the Code of the
City of Virginia Beach to conserve and protect the beaches, shores
and sandy beach areas upon proper application therewith.
This Resolution shall take effect immediately and be
effective for 30 days after the date of adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the
7
day of
May
, 1984.
DSH/re
5/1/84
(RES.3)
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May 7. 1984
- 18 -
Item II-J.
CONSENT AGENDA
ITEM It 21831
,
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED, in ONE MOTION, Items 1, 2,3,4, 5,6,7, 8f 9, 10, 11,
12, 13, 14, 15, and 16 of the CONSENT AGENDA.
*Councilwoman McClanan registered a VERBAL NAY vote on Item No.8.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
,
Council Members Voting Nay:
None
Council Members Absent:
None
I
May 7, 1984
- 19 -
Item II-J.1
CONSENT AGENDA
ITEM 11 21832
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED a Resolution designating AARON PARSONS as:
FIRST CITIZEN OF VIRGINIA BEACH
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
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- 19a -
AARON PARSONS
1983 FIRST CITIZEN OF VIRGINIA BEACH
WHEREAS:
The Virginia Beach Jaycees annually select from 'hundreds of thousands
one citizen whose contribution to the City has been outstanding and worthy of
being designated:
FIRST CITIZEN OF VIRGINIA BEACH
WHEREAS:
There are many citizens whose unselfish qualities are worthy of recog-
nition; yet there are few whose lives touch so many and for such a long period
of time. More than forty (40) years of dedicated service and volunteer efforts
have added benefits of our citizens and increased the values which are so impor-
tant in the world's largest resort City. Here are many "firsts" attributed to
the life of
HONORED AARON PARSONS
WHEREAS:
Mr. Parsons has been a member of the Board of Directors at Project
Friendship Inc., a child development center. He was Chief of the Seatack Volun-
teer Fire Department, 1950-1982; and, President of the Seatack Community House
Board. His neighbors fondly refer to him as their "personal rescue squad".
Although Aaron Parsons is the Manager of Pest Control and Grounds Maintenance
at Oceana Naval Air Station, where he has been employed since February 1946, he
finds time and energy to devote numerous hours of service to various organiza-
tions: STOP, Project Friendship, Virginia Beach General Hospital, Virginia
Beach Research and Advisory Council, Transportation Safety Commission, Friends
Housing Corporation and Tidewater Memorial Society. Aaron's services cannot be
fully enumerated here because his concern for others has and still prompts acts
of kindness never recorded, such as once he drove a lady through a snow storm
to visit a friend while he waited in the car. He managed a clothing and furni-
ture bank for the needy. His awards have included Civil Service Employee of the
Year (1965), Scouting, Red Cross, March of Dimes, Seatack Clean-Up and numerous
Superior Accomplishment Awards at the Air Station--but none have been so reward-
ing as his knowing, without regard to race, creed or color, that his fellow men
have shared his life and his community is better for his having been an active
part of its growth and stability.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognizes the numerous services and tremendous civic contribution Aaron Parsons
has rendered the City of Virginia Beach as a dedicated citizen.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation
at the Thirty-Fourth Annual Jaycees banquet May 4, 1984, and the Clerk of
Council directed to incorporate this tribute to Mr. Parsons in the Council
Agenda for its regular Formal Session May 7, 1984.
Given under my hand and seal,
Mayor
May 7, 1984
,
,
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- 20 -
Item II-J. 2
CONSENT AGENDA
ITEM It 21833
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED a Resolution of Appreciation to J. Burks Withers, Jr.,
Member of the Historical Review Board.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitehin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
- 20a -
I
RESOLUTION OF APPRECIATION
TO
J. BURKS WITHERS, JR.
WHEREAS: J. Burks Withers, Jr. was first appointed
a member of the Historical Review Board on April 1, 1982, he
has served willingly and untiringly in behalf of the City
of Virginia Beach;
WHEREAS: Throughout these years, his dedication
and unselfish service have involved personal sacrifices and
inconveniences, not only to him but frequently to his family.
We trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time will long reflect
the tremendous strides of his service.
I
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
J. BURKS WITHERS, JR.
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes
of this Formal Session of Virginia Beach City Council this
Seventh day of May, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
I
May 7, 1984
- 21 -
Item II-J. 3
CONSENT AGENDA
ITEM II 21834
,
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to amend and reordain Sections 21-396, 21-397
and 21-398 of the Code of the City of Virginia Beach, Virginia, pertaining
to PARKING METERS and exemptions for Senior Citizens.
Voting:
11-0
Council Members Voting Aye:
,
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
,
May 7, 1984
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- 21a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-396, 21-397 AND 21-398
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
PARKING METERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-396, 21-397 and 21-398 of the Code of
the City of Virginia Beach, Virginia, are hereby amended and
reordained as follows:
Section 21-396.
Deposit of coin required; exemption for senior
citizens; overtime parking generally.
(a)
When any vehicle shall be parked in any parking
meter space designated as provided in this division, the operator
of such vehicle shall, upon entering such space, immediately
deposit, or cause to be deposited, one or more coins of the United
States of America in the parking meter adjacent thereto, and such
space may then be lawfully occupied by such vehicle during the
period of parking time calculated on the basis of twenty-five
cents ($0.25) per half (1/2) hour, not to exceed, however, the
maximum time prescribed by section 21-397.
If such vehicle shall
remain in such parking space beyond the period of parking time
calculated on the basis of twenty-five cents ($0.25) per half
(1/2) hour, the parking meter shall display a sign or signal
showing illegal parking, in which event, the vehicle parked in
such parking space shall be considered as parked overtime and
beyond the period of legal parking time.
(b)
Notwithstanding the provisions of subsection (a)
above, the city manager or his dE~signee may issue a parking permit
to any citizen of the city who is sixty-five (65) years of age or
older, which will allow the permittee to park in metered spaces at
the municipal parking lot commonly known as Rudee Inlet Loop
Wayside without depositing a coin or coins.
tbt 1£2.
It shall be unlawful for any person to cause, allow,
permit or suffer any vehicle to be parked overtime or beyond the
May 7, 1984
I
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- 21b -
period of legal parking time established for any parking space
provided for in this division.
It shall likewise be unlawful for
any person to permit a vehicle to remain or to be parked in any
parking space adjacent to any parking meter installed pursuant to
the provisions of this division while such meter is displaying a
signal indicating that the vehicle occupying such parking space
has already been parked beyond the period of time prescribed for
such parking space.
Section 21-397.
Parking for more than two hours in metered
space; exemption for senior citizens.
Notwithstanding any other provision of this divisionL
and whether or not coins have been deposited in a parking meter,
no person shall park a vehicle in any parking space in a parking
meter zone established by this division for longer than two (2)
hours at anyone time.
The two (2) hour limit shall not apply to
any citizen of the city who is sixty-five (65) years of age or
older who is parked in a metered space in the municipal parking
area commonly known as Rudee Inlet ~ayside Loop and who has been
issued and displays a permit obtained under the provisions of
Section 21-396(b)
Section 21-398.
Hours during which division is applicable.
The provisions of this division shall apply to parking
from 10:00 a.m. to 6:00 p.m., except in the e~~y-ew"e~ municipal
parking area commonly known as the Rudee fS!ð"~-MH"ieipð!-~e~
Inlet Loop Wayside where they will apply twenty-four (24) hours
per day, on every day including federal and state legal holidays
and Sundays from May first to October first of each calendar
year.
Adopted this
7
, 1984, by the
May
day of
Council of the City of Virginia Beach, Virginia.
RMB/da/awj
4/16/84
4/18/84
4/19/84
MISC
-2-
May 7. 1984
- 22-
Item II-J. 4
CONSENT AGENDA
ITEM It 21835
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED, on SECOND READING, the following Ordinance:
Ordinance to amend and reoTdain Section 35-37(a) of the
Code of the City of Virginia Beach pertaining to penalty
and interest when installement of taxes on Real Estate
are not paid on time.
Voting:
11-0
Council Members Voting Aye:
,
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
,
May 7, 1984
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- 22a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-37 (a) OF THE CODE OF
THE CITY OF VIRGINIA BEACH
PERTAINING PENALTY AND INTEREST
WHEN INSTALLMENT NOT PAID ON
TIME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-37(a) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 35-37.
Penalty and interest when installment not
paid on time.
(a) In the event any installment of taxes on real
estate is not paid on or before the time the same is due and
payable as set forth in section 35-36, there shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be greater, and such installment and penalty shall bear
interest commencing on the first day following the day such taxes
were due, at the rate of nine and six-tenths (9.6) percent per
annum during the first year such taxes are delinquent, and
thereafter at the rate of ten and eight-tenths (10~ £i:f~~e"
ð"d-siH-~e"~hs-t+5T6t percent per annum.
(b)
The assessment of a penalty under this section
shall not be deemed a defense to any criminal prosecution for
failing to make such return of taxable property as may be
required by law.
l£l.
No amendment to this section shall reduce the
amount of penalty and interest which has been assessed or was
assessable on delinquent taxes prior to the date of such
amendment.
Adopted by the Council of the City of Virginia Beach,
Virginia, this ~- day of
May
------' 1984.
MES/re
3/22/84
4/17/84
April 23, 1984
FIRST READING:
SECOND READING: May 7, 1984
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- 23 -
Item II-J.5
CONSENT AGENDA
ITEM It 21836
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED, on SECOND READING, the following Ordinance:
Ordinance to amend and reordain Section 35-6(a) of the
Code of the City of Virginia Beach pertaining to penalty
and interest when PERSONAL PROPERTY TAXES not paid on
time.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
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- 23a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-6(a) OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO PENALTY AND INTEREST WHEN
PERSONAL PROPERTY TAXES NOT PAID ON
TIME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-6(a) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 35-6.
Penalty and interest when personal property taxes
not paid on time.
(a)
In the event any taxes on personal property are
not paid on or before the time the same are due and payable as
set forth in section 35-5, there shall be added thereto a penalty
of ten (10) percent of the amount of such unpaid taxes or the sum
of ten dollars ($10.00), whichever shall be greater, and such
taxes and penalty shall bear interest commencing on the first day
following the day such taxes were due, at the rate of nine and
six-tenths (9.6) per annum during the first year such taxes
are delinquent, and thereafter at the rate of ten and
eight-tenths (10.8) fif~ee~-ð~ð-~~x-~e~~h~-t15õ6t percent per
annum.
(b)
The assessment of a penalty under this section
shall not be deemed a defense to a criminal prosecution for
failing to make such return of taxable property as may be
required by law.
ill
No amendment to this section shall reduce the
,
amount of penalty and interest which has been assessed or was
assessable on delinquent taxes prior to the date of such
amendment.
Adopted by the Council of the City of Virginia Beach,
Virginia, this
7
day of ~ay -------' 1984.
MES/re
3/22/84
4/17/84
(G)
FIRST READING:
April 23, 1984
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SECOND READING: May 7. 1984
APPROVI" ~ ,- "0 .
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May 7. 1984
,
,
,
- 24 -
Item II-J.6
CONSENT AGENDA
ITEM If 21837
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED an Ordinance, on FIRST READING, to amend and reordain
Section 35-207 of the Code of the City of Virginia Beach pertaining to
TAX on CIGARETTES.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
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- 24a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-207 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO TAX ON
CIGARETTES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-207 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained as follows.
Section 35-207.
Levied; amount.
There is hereby levied and imposed by the city, upon each
sale of cigarettes, a tax equivalent to 5e~en-ðnd-ene-h8~~-een~s
t~9.9~5t-~e~-~en-t~9t-e~~ð~e~~es,-e~-~~8e~~ena~-n~mðe~-e~-~en
t+9t-e~g8re~~eS7 seven and one-half mills per cigarette sold
within the city, the amount of such tax to be paid by the seller,
if not previously paid, in the manner and at the time provided
for in this article.
There shall be a penalty for late payment
of the tax imposed herein in the amount of ten (10) percentum per
month, and interest in the amount of three quarters (.75) of one
(1) per centum per month, upon any tax found to be overdue and
unpaid.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of
, 1984.
MES/sm
3/27/84
(F)
FIRST READING:
May 7. 1984
SECOND READING:
AP-H«()VL.: ,.s rc .:o;n::¡;n
SIGNA TURE
DEPARTM,ENT
E:~:~
CITY ATTORNEY
May 7, 1984
- 25 -
Item II-J.7
CONSENT AGENDA
ITEM /1 21838
.
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED an Ordinance, on FIRST READING, to amend and reordain
Section 21-75(c) of the Code of the City of Virginia Beach, Virginia, per-
taining to Local License Taxes on HORSE TRAILERS.
Voting:
11-0
Council Members Voting Aye:
I
John A. Baum, Nancy A. Cre,ech, 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:
I
None
May 7, 1984
I
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I
Requested by:
- 25a -
Vice-Mayor Barbara M. Henley
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-75(C) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO LOe,1\L LICENSE TAXES
ON HORSE TRAILERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-75(c) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained to
read as follows:
Section 21-75.
Imposition of tax.
(c)
The license tax on a one or two-wheel trailer of a
cradle, flat bed or open pickup type which has a body width not
greater than the width of the motor vehicle to which it is
attached at any time of operation, which is pulled or towed by a
passenger car or station wagon, or a pickup or panel truck having
an actual gross of vehicle weight not exceeding five thousand
(5,000) pounds and used for carrying property not exceeding one
thousand five hundred (1,500) pounds at anyone time, and for all
trailers designed exclusively to transport boats or horses, shall
be six dollars and fifty cents ($6.50).
Notwithstanding the
above provision, the license tax for each trailer or semitrailer
designed for use as living quarbers for human beings shall be
twenty dollars ($20.00).
This ordinance shall be effective on January 1, 1985.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -2- day of ~
, 1984.
MES/re
4/16/84
4/25/84
(H)
May 7, 1984
First Reading:
Second Reading:
APPROVED AS TO CONTa< ¡
SIGNA TURE
,-----.--...
May 7, 1984
,
,
,
- 26 -
Item II-J. 8.a
CONSENT AGENDA
ITEM II 21839
Upon motion by Councilwoman OberndorE, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to Transfer Funds of $36,365 within the
Department of Public Works for a TRAILER for the Refuse Transfer Station.
Voting:
10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 7, 1984
"
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- 26a -
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AN ORDINANCE TO TRANSFER
FUNDS OF $36,365 WITHIN
THE DEPARTMENT OF PUBLIC
WORKS FOR A TRAILER FOR
THE REFUSE TRANSFER STATION
WHEREAS, the Department of Public Works has indicated a
need for an additional trailer at the Refuse Transfer Station
in order to reduce the turnaround time and minimize overtime
needs, and
WHEREAS, the department can obtain a demonstrator unit
at a cost of $36,365 which is less than the unit price of
the original trailers over two years ago, and
WHEREAS, the necessary funds for this purchase are
available by transfer within the operating budget of the
department from excess funds in Construction Materials and
Supplies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $36,365 be transferred
within the Department of Public Works from available sources
to the Solid Waste Transfer Station for the purchase of an
additional trailer.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 7 day of }~y , 19 84
Hay 7, 1984
.
,
II
- 27 -
Item II -J . 8 . b
CONSENT AGENDA
ITEM fI 21840
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to Transfer Appropriations within the Public
Works Department for a larger LOADEFl for the Refuse Transfer Station.
Voting:
10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitehin, III, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 7, 1984
I
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- 27a -
AN ORD I NANCE TO
TRANSFER APPROPRIATIONS
WITHIN THE PUBLIC WORKS DEPARTMENT
WHEREAS, in the Solid Waste Transfer Station capital project,
two small loaders were purchased to load the refuse transfer trailers, and
WHEREAS, after several months of operation, these loaders have
proven to be inefficient in handling the volume of refuse delivered to the
Solid Waste Transfer Station, and
WHEREAS, the Public Works Department has determined that one
larger loader can operate more efficiently than the two smaller units, and
WHEREAS, the larger unit will cost $29,000 and the Public Works
Department has identified appropriations in their budget that may be reallo-
cated for the purchase, and
WHEREAS, the City will rece1ve a trade-in value of $18,000 for
the two small loaders which will be credited back to the Solid Waste
Transfer Station capital project for additional costs to be charged to the
project.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations in the amount of $29,000 be reallocated
within the Public Works Department to purchase the new loader.
Adopted by the City Council of the City of Virginia Beach on
Seventh
day of
Hay
, 19 84
May 7. 1984
KAR/2 ORD6
,
,
,
- 28 -
Item II-J. 9
CONSENT AGENDA
ITEM II 21841
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Indian River Road and Depositors Lane to
A. T. WILLIAMS OIL COMPANY, its assigns and successors in title, and sub-
ject to the following conditions:
1.
The owner agrees to rE~ove the encroachment when
notified by the City, at no expense to the City.
2.
The owner agrees to keep and hold the City free
and harmless of any liability as a result of this
encroachment.
3.
The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4.
No open cut of a public roadway shall be allowed
except under extreme circumstances, such exceptions
shall be submitted to the Highway Division for
final approval.
5.
Prior to construction within any existing public
right-of-way, the contractor shall obtain a permit
and bond from the Highway Inspections Bureau.
6.
This encroachment shall not be in effect until an
agreement is executed encompassing the above.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
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- 28a -
Requested by:
Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF INDIAN RIVER ROAD
AND DEPOSITORS LANE TO A. T.
WILLIAMS OIL COMPANY, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, A. T. Williams Oil Company is authorized to construct
and maintain a temporary encroachment into a portion of the City
right-of-way of Indian River ROéld and Depositors Lane.
That the temporary encroachment herein authorized is
for the purpose of private sanitary force main and that said
encroachment shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Indian
River Road and Depositors Lane, as shown
on that certain plat entitled: "PROPOSED
CONVENIENCE STORE AND GAS STATION," a
copy of which is on file in the Virginia
Beach Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of A. T. Williams Oil Company and
within thirty (30) days after such notice is given, said
encroachment shall be removed from the City right-of-way of
Indian River Road and Depositors Lane by the A. T. Williams Oil
Company and that the A. T. Williams Oil Company, its assigns and
successors shall bear all costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the A. T. Williams Oil Company, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
May 7, 1984
I
I
I
- 28b -
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the A. T. williams Oil Company executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
,19M-.
May
7
MES/re
4/10/84
(29D)
APPROVED AS TO CONTENT
SIGNA TURE
DEPARTMENT
,
r'})¡:. ~.¡:;.A....S.....T. O!ßR..p4
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May 7, 1984
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May 7. 1984
- 29 -
Item II-J .10
CONSENT AGENDA
ITEM II 21842
IJ
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Clifton Road to DUMAN T. WRIGHT, his heirs,
assigns and successors in title, and subject to the following conditions:
1.
The owner agrees to rE~ove the encroachment when
notified by the City, at no expense to the City.
2.
The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3.
The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4.
No open cutting on Clifton Road will be permitted.
5.
A performance bond and traffic control plan will be
required.
6.
This encroachment shall not be in effect until an
agreement has been executed encompassing the above.
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
May 7, 1984
I
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- 29a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF CLIFTON ROAD TO DUMAN T. WRIGHT,
HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Mr. Duman T. Wright, his heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Clifton Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private
sanitary force main and that said encroachment shall be
constructed and maintained in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Clifton
Road, on the certain plat entitled:
"Physical Survey of Privately Owned and
Maintained 3" P.V.C. Force Main Crossing
Clifton Road for Duman T. and Eileen M.
Wright," a copy of which is on file in
the Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Mr. Duman T. Wright, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Clifton Road and that Mr. Duman T. Wright, his
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
May 7, 1984
- 29b-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Duman T. Wright, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
I
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FUR'rHER, that this ordinance shall not be
in effect until such time that Mr. Duman T. Wright executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~ day of
, 1 9 84 .
Hay
I
MES/sm
4/9/84
(29B)
I
AP~ROVW AS T(, C J;'r~ ";
SIGNATJ¡(E
........
DEPARTi\\ENT
, D A~J$Ji~
~.Gr!i, r:f'.E
CITY ATTC'f,i<fY
I
-2--
May 7, 1984
,
,
- 30 -
Item II -J . 11
CONSENT AGENDA
ITEM II 21843
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to authorize acquisition of property in fee
simple for right-of-way for SEATACK STREET IMPROVEMENT PROJECT Phase II-A
and the acquisition of temporary and permanent easements of right-of-way,
either by agreement or by condemnation.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
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- 30a -
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR SEATACK STREET
IMPROVEMENTS PROJECT PHASE II-A AND THE
ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS
OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes folC the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1.
That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled, Seatack Street Improvements Project Phase II-A, CIP No.
2-980, these plans being on file in the Office of Real Estate
Department of Public Works, Virginia Beach, Virginia.
Section 2.
That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3.
That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the .-L day of __M~____-
, 19 84 .
DSH/sm
4/9/84
( 9 )
May 7 J..9.84 ..
APPROVED ~ TO ~ORM
~1t?NT OF ,Aiff
- 31 -
Item II-J. 12
CONSENT AGENDA
ITEM II 21844
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance appointing Viewers in the petition of RUNNYMEDE
CORPORATION for the closure of a portion of Lee Street (Old Virginia Beach
Road) and Old County Road (Virginia Beach Borough).
The Viewers are:
Robert J. Scott
Director of Planning
David M. Grochmal
Assistant to the City Manager
for Inter-governmental Affairs
C. Oral Lambert, Jr.,
Director of Public Works
Voting:
11-0
,
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
,
Council Members Absent:
None
May 7, 1984
I
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1o..""
FINE, FINE, LEGUM
1\ FINE
LAweUILDING
NORFOLK, VIRGINIA 23~'O
- 3la -
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Runnymede Corporation has given due and proper notice, in
accordance with the statutes for such cases made and provided that they will
on the 7th day of May, 1984, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would result
from the discontinuance of the h(~reinafter described portion of that certain
street of variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT
Robert J. Scott
David M.
Grochmal
C. Oral Lambert, Jr.
and
are hereby appointed to
view the below described property and report in writing to the Council on
or before
, whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and vacating of a
portion of that certain street of variable width located in the City of
Virginia Beach,Virginia, and more particularly described as follows:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
"Physical Survey of Fine Property, D.B. 303, P. 479,
Virginia Beach, VA.", scale 1" = 40', dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61° 33' 01" E, 31.74 feet to a point;
thence N 61° 33' 01" E, 120.98 feet to a point; thence N
44° 21' 05" E, 126.56 feet to a point; thence N 49° 39'
01" E, 94.91 feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79° 09' 01" E, 67.23 feet to a point;
thence S 49° 31' 01" W, 152.27 feet to a point; thence S
44° 21' 05" W, 40.86 feet to a point; thence S 56° 18'
E, 173.36 feet to a point; thence S 33° 48' E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76° 09' 01" W, 31.53 feet to a point; thence N 33° 48'
W, 48.17 feet to a point; thence N 56° 18' W, 135.86
feet to a point; thence S 55° 10' 32" W, 144.48 feet to
a point; thence S 60° 27' 45" W, 48.60 feet to a point;
.-
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FINE, FINE, LEGUM
8< FINE
LAW.UILDING
NORFOLK, VIRGINIA 23~'O
31b -
thence S 74° 02' 47" W, 19.14 feet to a point¡ thence S
62° 13' 09" W, 31.0 feet to a point on the eastern side
of Parks Avenue¡ .thence running along the eastern side
of Parks Avenue N' 13° 50' 59" W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
All the above as shown upon that certain plat entitled, "Physical
Survey of Fine Property" dated .Harch 21, 1983, which plat is attached
hereto and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
May 7, 1984
,
.
I
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FINE, FINE, LEGUM
e. FINE
LAweUILDING
NORFOLK, VIRGINIA 23~ 1 0
- 31c -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET, KNOWN AS LEE STREET (OLD VIRGINIA BEACH ROAD) AND OLD
COUNTY ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PHYSICAL SURVEY
OF INE PROPERTY", WHICH PLAT IS ATTACHED HERETO.
PETITION
TO:
THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
Your Petitioner, The Runnymede Corporation, respectfully represents
as follows:
1.
That pursuant to the provisions of Section 15.1-364 of the 1950
Code of Virginia, as amended, the Petitioner applies for the vacating,
closing, and discontinuance of a portion of that certain street, which is
more specifically described as follows:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
"Physical Survey of Fine Property, D.B. 303, P. 479,
Virginia Beach, VA.", scale 1" = 40', dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61° 33' 01" E, 31.74 feet to a point;
thence N 61° 33' 01" E, 120.98 feet to a point; thence N
44° 21' 05" E, 126.56 feet to a point; thence N 49° 39'
01" E, 94.91 feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79° 09' 01" E, 67.23 feet to a point;
thence S 49° 31' 01" W, 152.27 feet to a point; thence S
44° 21' 05" W, 40.86 feet to a point; thence S 56° 18'
E, 173.36 feet to a point; thence S 33° 48' E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76° 09' 01" W, 31.53 feet to a point; thence N 33° 48'
W, 48.17 feet to a point; thence N 56° 18' W, 135.86
feet to a point; thence S 55° 10' 32" W, 144.48 feet to
a point; thence S 60° 27' 45" W, 48.60 feet to a point;
thence S 74° 02' 47" W, 19.14 feet to a point; thence S
62° 13' 09" W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13° 50' 59" W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
Said parcel of Land being a portion of Lee Street (Old Virginia Beach
Road) and Old County Road, as indicated on that certain plat entitled
"Physical Survey of Fine Property", dated March 21, 1983, which plat is attach-
ed hereto and made a part hereof and intended to be recorded with the Ordinance
May 7, 1984
..
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FINE. FINE. LEGUM
8< FINE
LAW eUILDING
NORFOLK, VIRGINIA 23510
- 31d -
closing the aforedescribed street.
2.
That no inconvenience will result to any persons by reason of said
closing, vacation, and discontinuance of said street; and the Petitioner
prays that this Honorable Council appoint viewers as provided by law to
view said platted street proposed to be closed and to report in writing to
the Council on or before the
, 1984, as to
day of
whether in the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of said street,
as herein reported and described.
3.
That on the ---- day of
, 1984 and on the
day of
, 1984, notice of the presenting of this application was
published in the Beacon, a newspaper of general circulation, in the City of
Virginia Beach, Virginia.
4.
That the fee simple owners of all land along and adjacent to and
affected by said portion of the platted street are your Petitioner herein,
The Runnymede Corporation and Birdsong and Clark, 737 21st Street, Virginia
Beach, Virginia.
Respectfully submitted,
GARDINER M. HAIGHT
Fine, Fine, Legum and Fine
720 Plume Center West
Norfolk, Virginia 23510
May 7, 1984
/
LAW OFFlCEIi!
I.. FINE
- H- FINE
AAD L L.EaUM
- s. FINE
- -
FINE, FINE. LEGUM Be FINE
""~ONA~ ASSOCIATION
720 LAW BUILDING
GRANBY AND PLUME STREETS
L.EWIII ALLEN
JOHN ... ~ONIAX
a_CON'" M. HAIGHT
NORFOLK, VIRGINI"'. 23510
VIRGINIA BEACH OFFICE
~1~ LASKIN ROAD
VIRGINIA BEACH, VIRGINIA 23~SI
TELEPHONE (804) 622-6383
TELEPHONE (8~) 622-6383
CERTIFICATE OF VESTING OF TITLE
I, Gardiner M. Haight, attorney for The Runnymede Corporation do hereby
certify that:
1.
I am an attorney at law and represent The Runnymede Corporation, the
petitioner.
2.
If the property described below is discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title to said property
I wlll vest in the Runnymede Corporation and Birdsong and Clark, the adjacent land
owners.
The said property referred to herein is hereby described as follows:
I
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
"physical Survey of Fine Property, D.B. 303, P. 479,
Virginia Beach, VA. ", scale 1" =: 40', dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61° 33' 01" E, 31.74 feet to a point;
thence N 61° 33' 01" E, 120.9B feet to a point: thence N
44° 21' 05" E, 126.56 feet to a point: thence N 49° 39'
01" E, 94.91 feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79° 09' 01" E, 67.23 feet to a point;
thence S 49° 31' 01" W, 152.27 feet to a point; thence S
44° 21' 05" W, 40.B6 feet to a point; thence S 56° 18'
E, 173.36 feet to a point; thence S 33° 48' E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76° 09' 01" W, 31.53 feet to a point; thence N 33° 48'
W, 48.17 feet to a point; thence N 56° 18' W, 135.86
feet to a point; thence S 55° 10' 32" W, 144.48 feet to
a point; thence S 60° 27' 45" W, 48.60 feet to a point:
thence S 74° 02' 47" W, 19.14 feet to a point; thence S
62° 13' 09" W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13° 50' 59" W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
I I
LEGUM & FINE
FINE, FINE, (2)
I Page Two
/1
(~;y¡ /ftr;
~:DINER M. . .~JB
I
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,
- 32 -
Item II-J.13a.
CONSENT AGENDA
ITEM It 21845
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED the low bid of LUKE CONSTRUCTION COMPANY in the amount
of $279,520.00 for the BEGGARS BRIDGE PROJECT (CIP 2-953); AND, authorized
the City Manager to enter into the necessary agreements for the imple-
mentation of this project.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
- 33 -
Item II-J .13b.
CONSENT AGENDA
ITEM II 21846
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to Transfer Capital Project Funds of $55,000
between Capital Projects to provide additional funds for BEGGARS BRIDGE.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
-
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- 33a -
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
FUNDS OF $55,000 BETWEEN CAPITAL PROJECTS TO
PROVIDE ADDITIONAL FUNDS FOR BEGGARS BRIDGE
WHEREAS, the current Capital Improvement Program includes the
replacement of the existing timber bridge on Muddy Creek Road with a new
structure, and
ject with the low bidder being Luke Construction Company at $279,520, and
WHEREAS, the city has recedved bids for construction of the pro-
construction is estimated at $344,150. and
WHEREAS, the total project cost including the low bid for
additional funding of $55,000 is needed,
WHEREAS, current funding for the project totals $289,150 and
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 provide additional funds for Beggars Bridge:
Transfer from:
#2-974 Sandbridge Road-Alignment
$
55,000
Transfer to:
#2-953 Beggars Road Bridge
$
55,000
BE IT FURTHER ORDAINED that the low bid of Luke Construction
Company for the construction of Beggars Bridge is hereby accepted and the
City Manager is authorized to enter into the appropriate agreement for the
implementation of this work.
7
KAR/2 ORD5
Adopted by the City Council of the City of Virginia Beach on
day of
May
, 19
84
,
,
,
- 34 -
Item II-J .14
CONSENT AGENDA
ITEM II 21847
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED Raffle Permits for the following:
ACTIVITIES COMMITTEE, MESSIAH LUTHERAN CHURCH
CIVITAN CLUB OF VIRGINIA BEACH
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
- 35 -
Item II-J .15
CONSENT AGENDA
ITEM II 21848
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED a Certificate of Public Convenience and Necessity for
Beach, Bayside and Coastal Cabs in the matter of the application of
RUBY HALL DOZIER.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
,
f
,
- 36 -
Item II-J. 16
CONSENT AGENDA
ITEM It 21849
,
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$771.07 upon application of certain persons and upon certification of the
Treasurer for payment.
Voting:
11-0
Council Members Voting Aye:
,
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
,
May 7, 1984
RM NO. C.". 7
J
--
4/18/84
AN ORDINANCE AÚTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
EMC
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME
Tax
Year
Ruby M Horton 83
Glenn Fink 83
Dorothy & Donald Hefelfinger 83
Manufacturers Hanover Mort Co 84
Jean McL Davis 81
Jean McL Davis 81
Jean McL Davis 82
Jean McL Davis 82
Jean McL Davis 83
Jean McL Davis 83
I
I
Type
of Tax
Ticket
Number
pp 68349-6
pp 168734-6
pp 190995-4
RE(l/2) 44539-7
RE(1/2) 18657-0
RE(2/2) 18657-0
RE(l/2) 19251-7
RE(2/2) 19251-7
RE(1/2) 19964-4
RE(2/2) 19964-4
This ordinance shall be effective from date of adoption.
Th~,~ove abatement(s) totaling
. a 7 were approved by
the Council of the City of Virginia
Beach on the~day of May
Ruth Hodges Smith
City Clerk
Exonera-
tion No.
Date
Paid
Penalty
6/5/83
12/5/83
4/6/84
2/7/84
12/5/80
5/28/81
11/30/81
5/18/82
12/5/82
6/5/83
Total
,._.~......~
W;1~ ~~~7':~~~
..' . - ¡.- . .' , . 1,' ,
il~ ~>' -. - )
APR ,q) '\<4ß~
DEPT..Of L-}o."'V'
Int.
Total
56.22
52.55
107.09
26.81
68. 71
68.71
92.60
92.60
102.89
102.89
771.07
Approved as to. form:
~~
J, Dale Bimson, City Attorney
,
,
,
- 37 -
Item II-K.1
PLANNING
ITEM II 21850
Hubert C. Gray, applicant, represented himself.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance
in the matter of the application of HUBERT C. GRAY, JR.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Hubert C. Gray, Jr. Property
located on the north side of Little Haven Road at
intersection with Hurds Road. Plats with more de-
tailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
- 38 -
Item II-K.2
PLANNING
ITEM /I 21851
Ennis o. Johnson, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council DENIED a Variance to Section 4.4(b) of the Subdivision Ordinance
in the matter of the of the application of GENNARO FIORE
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Gennaro Fiore. Property lo-
cated at the northeast corner of London Bridge Road
and Terrell Avenue. Plats with more detailed infor-
mation are available at the Department of Planning.
LYNNHAVEN BOROUGH.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
f
I
,
,
,
,
- 39 -
Item II-K.3
PLANNING
ITEM 11 21852
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council DEFERRED for two weeks until the City Council Meeting of
May 21, 1984, application of HUDGINS AND ASSOCIATES for the Closure
of a portion of Goose Landing. (Formally approved by City Council
on October 10, 1983, subject to conditions being met within 180 days.)
Copy of letter from C. David Whitley, Vice President, Hudgins and
Associates, requesting DEFERRAL, as uncertainties have arisen concerning
ownership of land, is hereby made a part of the record.
Application of Hudgins and Associates for the discontin-
uance, closure and abandorooent of a portion of Goose
Landing beginning at a point 1,290 feet more or less
from the intersection of Goose Landing and Huntsman
Drive, running a distance of 368.92 feet in a north-
westerly direction along the southern boundary line,
running a distance of 59.69 feet in a northeasterly
direction along the western boundary line, running
a distance of 336.22 feet in a southeasterly direction
along the northern boundary line, and running a dis-
tance of 50 feet in a southerly direction along the
eastern boundary line. Said parcel contains 19,415
square feet. LYNNHAVEN BOROUGH.
The following conditions were required of Street Closure granted by
City Council on October 10, 1983:
1.
Resubdivision of the poperty to incorporate the
closed area into adjoining parcels, as well as
to avoid the creation of nonconforming lots
and to insure that all lots have access to a
public street. (In accordance with this con-
dition, Lots 7, 8, 9 and 10 shall be combined
into one (1) lot).
2.
The closure of this right-of-way
continguent upon compliance with
stated condition within 180 days
approval by City Council.
shall be
the above-
of the
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
- 40 -
Item II-K.4
PLANNING
ITEM II 21853
Attorney David Miller, represented the applicant
Mary J. Griffith, representing residents of the area, spoke in
opposition.
(Petition consisting of 138 names in opposition to this application is
hereby made a part of the record.)
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of DONALD W. AND SELENA
STARBUCK AND RICHARDSON C. AND LINDA B. BELL for a Street Closure as per
the following:
Ordinance upon application of Donald W. and Selena
Starbuck AND Richardson C. and Linda B. Bell for the
discontinuance, closure and abandonment of a portion
of Lauderdale Avenue beginning at a point 116.8 feet
east of Morton Road and running in a southeasterly
direction a distance of 275 feet along the southern
boundary of Lots 25 thru 35, Block 12, Chesapeake
Park. Said street is 50 feet in width and contains
13,750 square feet. BAYSIDE 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
.-.,'_11:~ ..';\ _.J~)J'j~-)
Council Members Absent:
None
May 7, 1984
,
f
,
I
I
PICKETT, LYLE, SIEGEL,
DRESCHER & CROSHA W
A TTORNEYS AT LAW
VIRGINIA BEACH, V A. Z'J452
I
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 50 FEET WIDE
KNOWN AS LAUDERDALE AVENUE
LOCATED IN BAYSIDE BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Donald W. Starbuck and Selena
Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell,
husband and wife would make application to the City Council of the City
of Virginia Beach, Virginia, to have the hereinafter described portion
of that certain undeveloped street, 50 feet wide, known as Lauderdale
A venue closed, vacated and discontinued was duly advertised; and
WHEREAS, the Petitioners as owning the underlying fee to said
street, which is effected by its closure, have requested that said
street be closed; and
WHEREAS, Application was made to the City Planning Commission
and to the City Council, and, pursuant to the statutes in such cases
made and provided, the Council appointed viewers who have reported to
the Council that no inconvenience to the public or to the private indi-
viduals would result from such closings, vacating and discontinance;
and
WHEREAS, it is the judgment of the Council that the said
streets should be closed, vacated and discontinued.
NOW,
THEREFORE,
BE
IT
ORDAINED
BY
THE
COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1:
That the said undeveloped street 50 feet wide known
as Lauderdale Avenue described below, located in the Bayside Borough in
-1-
I
I
PICKETI, LYLE, SIEGEL.
DRESCHER & CROSHAW
ATIORNEYS ATLAW
VIRGINIA BEACH, VA. 23452
I
the City of Virginia Beach, Virginia, is hereby closed, vacated and
discontinued, said street not being needed for public use:
A portion of that certain undeveloped street situate
in Virginia Beach, Virginia, known as "Lauderdale
Avenue (50 feet) (formerly known as Lake Avenue),
commencing at a point 116.8 feet east of the
northeast intersection of Morton's Road and
Lauderdale Avenue where the western boundry of Lot
35, Block 12, intersects, thence proceeding S
58023'00" E a distance of 275.00 feet to the intere-
section of the easterly line of Lot 25, Block 12;
thence turning S 31032'50" W a distance of 50.00 feet
to the southern property line of Lauderdale Avenue;
thence turning N 58023'00" W and running a distance
of 275.00 feet; then turning N 31032'50" E a distance
of 50.00 feet to the said point of beginning. Said
parcel containing 0.3156 acres and more fully
described by reference to the plat entitled "Plat
Showing Portion of Lauderdale Avenue to be Vacated,
Discontinued and Closed, situated between Block 9,
Amended Map of Chesapeake Shores (MB 8, p 82) and
Block 12, Map of Chesapeake Park (MB 4, P 47),
Bayside Borough - Virginia Beach, Virginia, Scale:
1" = 50', October 21, 1983, Rouse-Sirine Associates,
Ltd., Land Surveyors, Virginia Beach, Virginia.
Section 2:
A copy of this Ordinance, certified by the Clerk,
be spread upon the public records in the Clerk's Office in the Circuit
Court in the City of Virginia Beach, Virginia and indexed in the name of
the City of Virginia Beach as Grantor.
Section 3:
This Ordinance shall be effective thirty (30) days
from date of its adoption.
11.5.2.C
-2-
~
I
I
I
PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW
A PROFESSIONA~ CORPORATION
ATTORNEYS AT LAW
OWEN B. PICKETT
JOSEPH L. LYLE,JR.
LAWRENCE R. SIEGEL
JOHN W. DRESCHER
GLENN RANDALL CROSHAW
RICHARD C. BEALE
EDWARD S.GARCIA,JR.
MARK S. SMITH
JONATHAN L.HAUSER
DAVID N. REDA
DAVID A. MILLER.JR.
WAYNE G. SOUZA
JAMES C.LEWIS
SCOTT C.WILLIAMS
101 NORTH LYNNHAVEN ROAD
VIRGINIA BEACH, VIRGINIA 23452
MAIL TO:
POST OFFICE BOX 2127
VIRGINIA BEACH, VA. 23452 -2127
TELEPHONE:
(8041 340-0011
(.
CERTIFICATE OF VESTING OF TITLE
I, David A. Miller, Jr., attorney for Donald W. Starbuck and
Selena Starbuck, husband and wife and Richardson C. Bell and Linda B.
Bell, husband and wife, do hereby certify that:
1. I am an attorney at law and represent Donald W. and Selena
Starbuck, husband and wife and Richardson C. and Linda B. Bell, husband
and wife, the Petitioners.
2. If the property described below is discontinuted, closed
and vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will ves t in Donald W. Starbuck and Selena
Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell,
husband and wife, the holders of the underlying fee in said property.
3.
The said property referred to herein is hereby described as
follows:
A portion of that certain undeveloped street situate
in Virginia Beach, Virginia, known as "Lauderdale
Avenue (50 feet> (formerly known as Lake Avenue),
commencing at a point 116.8 feet east of the
northeast intersection of Morton's Road and
Lauderdale Avenue where the western boundry of Lot
35, Block 12, intersects, thence proceeding S
58°23'00" E a distance of 275.00 feet to the intere-
section of the easterly line of Lot 25, Block 12;
thence turning S 31°32'50" W a distance of 50.00 feet
to the southern property line of Lauderdale Avenue;
thence turning N 58°23'00" W and running a distance
of 275.00 feet; then turning N 31°32'50" E a distance
of 50.00 feet to the said point of beginning. Said
parcel containing 0.3156 acres and more fully
described by reference to the attached plat entitled
"Plat Showing Portion of Lauderdale Avenue to be
Vacated, Discontinued and Closed, situated between
-1-
PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW
I
Block 9, Amended Map of Chesapeake Shores (MB 8, P
82) and Block 12, Map of Chesapeake Park (MB 4, P
47), Bayside Borough - Virginia Beach, Virginia,
Scale: 1" = 50', October 21, 1983, Rouse-Sirine
Associates, Ltd., Land Surveyors, Virginia Beach,
Virginia.
~&A ~ .
David A. Miller, Jr. .........
11. 2 .34 . C
I
I
-2-
- 41 -
Item II-K.5
PLANNING
ITEM II 21854
Bruce Alexander represented the applicant, A. T. Williams Oil Company
I
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of A. T. WILLIAMS OIL COM-
PANY for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF A. T. WILLIAMS CO. FOR A
CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH
R0584631
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of A. T. Williams Oil Co., for
a Conditional Use Permit for a gas station and a car wash
on the northwest corner of Rosemont Road and 4th Street
on Lots 28 thru 33, Block R, Plat of Rosemont Corporation.
Said parcel contains 41,732 square feet. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
I
Adopted by the Council of the City of Virginia Beach, Virginia on the
Seventh day of May, Nineteen Hundred and Eighty-Four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creeeh, 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
I
Council Members Voting Nay:
None
Council Members Absent:
May 7, 1984
None
- 42 -
Item II-K.6
PLANNING
ITEM II 21855
Attorney Robert E. Steinhilber represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of HELFANT REALTY, INC. for
a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF HELFANT REALTY, INC. FOR A
CONDITIONAL USE PERMIT FOR ONE DUPLEX RO584632
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Helfant Realty, Inc. for a
Conditional Use Permit for one duplex on the east side of
St. Paul Street, 246 feet south of Virginia Beach Boulevard.
Parcel is located on Lot 8, Block 51, Oceana Gardens and
contains 6,250 square feet. LYNNHAVEN BOROUGH.
The following condition shall be required:
A ten-foot dedication along the frontage on St. Paul Street,
25 feet from the centerline of the old 30-foot right-of-way
to provide for an ultimate 50-foot standard right-of-way.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Seventh day of May, Nineteen Hundred and Eighty-Four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
I
I
I
- 43 -
Item II-K.7
PLANNING
ITEM If 21856
Alton A. Miller, Applicant, represented himself
I
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of ALTON A. MILLER for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ALTON A. MILLER FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM B-2 to I-I
Z0584849
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Alton A. Miller for a Change
of Zoning District Classification from B-2 Community-Business
District to I-I Light Industrial District on property located
on the west side of Butternut Lane, 148.31 feet south of Bonney
Road on Lots 22 through 27, Block A, Rosemont Corporation. Said
parcel contains 21,000 square feet. LYNN HAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
I
Seventh day of May, Nineteen Hundred and Eighty-Four.
Voting
11-0
~ . > ;.'.:'
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
I
None
Council Members Absent:
None
May 7, 1984
- 44 -
Item Il-K.8
PLANNING
ITEM fI 21857
Attorney Grover Wright represented the applicant
Jim Briggs, applicant, was in attendance
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of J. M. BRIGGS for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF J. M. BRIGGS FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
RO584633
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
An Ordinance upon application of J. M. Briggs for a Con-
ditional Use Permit for mini-warehouses on certain property
located on the north side of Virginia Beach Boulevard
beginning at a point 182.50 feet east of Louise Avenue,
running a distance of 254.22 feet along the north side of
Virginia Beach Boulevard, running a distance of 167 feet
in a northerly direction, running a distance of 146.10
feet in a westerly direction, running a distance of 254.15
feet in a northerly direction, running a distance of 108.30
feet along the northern property line and running a distance
of 421.82 feet along the western property line. Said parcel
is located at 1612, 1616 and 1620 Virginia Beach Boulevard
and contains 1.6 acres. LYNN HAVEN BOROUGH.
the following conditions shall be required:
1.
A IS-foot dedication along the frontage on Virginia
Beach Boulevard, 45 feet from the centerline of the
existing 60-foot right-of-way to provide for an
ultimate 90-foot right-of-way as shown on the Master
Street and Highway Plan.
2.
All lighting is to be directed to the interior of the
site and is to be shielded from adjacent residential
sites.
3.
Hours of operations shall be from 6:00 a.m. to 10:00 p.m.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Seventh day of May, Nineteen Hundred and Eighty-Four.
May 7, 1984
I
I
I
I
I
I
Item II-K.8
PLANNING
Voting:
- 45 -
ITEM # 21857 (Continued)
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
::~ :-~~::;;; _~'I ~~
Council Members Voting Nay:
None
Council Members Absent:
None
c !,
May 7, 1984
- 46 -
Item II-K.9
PLANNING
ITEM Ii 21858
Attorney Grover Wright represented the applicant
The following spoke in opposition:
I
Lieutenant Commander Allen Petrie, NAS OCEANA
Steve S. Dudley representing Princess Anne Plaza Civic League
Lee A. Williams, President of the Doyleway Civic League
Randi Smith, Playhouse Day Care, representing mother'-in-law
Jo Ryan, Carriage Hill Resident
Constancio T. Medrama, Resident
Clara and Franklin Thurbon, registered opposition by phone
Gloria and Ranzy Smith, registered opposition by phone
A motion was made by Councilman Jennings to APPROVE an Ordinance upon appli-
cation of HERMAN R. AND SARAH W. HARRIS; FELIX ALLAN READER; and MARGARET
G., FELIX A., and CHARLES R. READER/SCOTT DEVELOPMENT COMPANY for a Change
of Zoning. There was no second registered for this motion.
Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, City
Council DENIED an Ordinance upon application of HERMAN R. AND SARAH W. HARRIS:
FELIX ALLAN READER: AND MARGARET G., FELIX A., AND CHARLES R. READER/SCOTT
DEVELOPMENT COMPANY for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF HERMAN R. AND SARAH W. HARRIS,
FELIX ALLAN READER, MARGARET G., FELIX A. AND CHARLES R. READER/
SCOTT DEVELOPMENT CO., FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-8 to A-2
I
Ordinance upon applicaton of Herman R. and Sarah W. Harris,
Felix Allan Reader, Margaret G., Felix A. AND Charles R.
Reader/Scott Development Co., for a Change of Zoning Dis-
trict Classification from R-8 Residential District to A-2
Apartment District on certain property located on the
southeast side of South Lynnhaven Road beginning at a
point 1500 feet more or less west of Lynnhaven Parkway,
running a distance of 1495.03 feet along the southeast
side of South Lynnhaven Road, running a distance of 1087.02
feet along the southern property line, running a distance
of 1220 feet more or less along the eastern property line and
running a distance of 926.69 feet along the northern property
line. Said parcel contains 32 acres. LYNN HAVEN BOROUGH.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,Jr.
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
I
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Barbara M. Henley
May 7, 1984
- 47 -
Item II-K.lO
PLANNING
ITEM /1 21859
Attorney Glenn Croshaw represented the applicant
I
The following spoke in opposition:
Lieutenant Commander Allen Petrie, NAS OCEANA
Steve S. Dudley representing Princess Anne Plaza Civic League
Randi Smith, Playhouse Day Care, representing mother-in-in-Iaw
Jo Ryan, Carriage Hill Resident
Clara and Franklin Thurbon, registered opposition by phone
Gloria and Ranzy Smith, registered opposition by phone
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DENIED Ordinances upon application of CROW, TERWILLIGER & MICHAUX,
INC., for Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF CROW, TERWILLIGER & MICHAUX,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2
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Ordinance upon application of Crow, Terwilliger & Michaux,
Inc. for a Change of Zoning District Classification from
B-2 Community-Business District to A-2 Apartment District
on certain property located on the east side of South Lynn-
haven Road beginning at a point 40 feet more or less north
of Lee Highlands Boulevard, running a distance of 240 feet
more or less along the east side of South Lynnhaven Road,
running a distance of 250.50 feet in an easterly direction,
running a distance of 50 feet in a southeasterly direction,
running a distance of 151.57 feet in a southwesterly di-
rection and running a distance of 50 feet more or less in
a westerly direction. Said parcel contains 1 acre, more
or less. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF CROW, TERWILLIGER & MICHAUX,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-1 TO A-2
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Ordinance upon application of Crow, Terwilliger & Michaux,
Inc., for a Change of Zoning District Classification from
B-1 Business-Residential District to A-2 Apartment District
on certain property located on the east side of South Lynn-
haven Road beginning at a point 150 feet more or less south
of Lee Highlands Boulevard, running a distance of 260 feet
more or less along the east side of South Lynnhaven Road,
running a distance of 151.57 feet in a northeasterly di-
rection, running a distance of 50 feet in a northwesterly
direction, running a distance of 250.50 feet in a westerly
direction, running a distance of 460 feet in a northeasterly
direction, running a distance of 640.79 feet in a south-
easterly direction, running a distance of 291.89 feet in
a southwesterly direction, running a distance of 156.35
feet in a southerly direction, running a distance of
285.96 feet in a southwesterly direction, running a dis-
tance of 40 feet more or less in a northwesterly direction
and running a distance of 70 feet more or less in a south-
westerly direction. Said parcel contains 9 acres. LYNNHAVEN
BOROUGH
May 7, 1984
- 48 -
Item II-K.10
PLANNING
ITEM # 21859 (Continued)
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Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,Jr.
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Counc i1 Members Abstaining:
Vice Mayor Barbara M. Henley
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May 7, 1984
- 49 -
Item II-K.11
PLANNING
ITEM II 21860
Richard S. Browner represented the applicant
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Letter from Richard S. Browner requesting DEFERRAL is hereby made a part of
the proceedings.
(This item was moved forward on the Planning Items)
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DEFERRED for two weeks until the City Council Meeting of May 21, 1984,
an Ordinance upon application of F. 1~AYNE McLESKEY, JR., for a Change of
Zoning per the following:
ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO R-8
Ordinance upon application of F. Wayne McLeskey, Jr., for
a Change of Zoning District Classification from R-6 Resi-
dential District to R-8 Residential District on parcels
located at the southeast and northeast corners of North
Plaza Trail and Edinburgh Drive.
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Parcell: Located at the southeast corner of North Plaza
Trail and Edinburgh Drive, running a distance of 980 feet
more or less along the east side of North Plaza Trail,
running a distance of 150 feet along the southern property
line, running a distance of 980 feet along the eastern
property line and running a distance of 150 feet along the
south side of Edinburgh Drive.
Parcel 2: Located at the northeast corner of North Plaza
Trail and Edinburgh Drive, running a distance of 300 feet
more or less along the east side of North Plaza Trail,
running a distance of 150 feet along the northern property
line, running a distance of 300 feet along the Eastern
property line and running a distance of 150 feet along the
north side of Edinburgh Drive. LYNN HAVEN BOROUGH.
Voting:
11-0
Council Members Voting Aye:
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John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 7, 1984
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I. SIDENTIAL SALES
, MMERCIAL SALES
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McLESKEY REALTY CO., INC.
28159 VIRGINIA BEACH BOULEVARD
VIRGINIA BEACH. VIRGINIA 234152
LAND DEVELOPERS
TELEPHONE 340-12151
May 2, 1984
Mrs. Ruth Smith, City Clerk
Administration Building
Municipal Complex
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re:
Application of F. Wayne McLeskey, Jr., (R-6 to R-8)
The above application for change of zoning is scheduled to be heard
by the City Council on Monday, May 7.
After the Planning Commission hearing, several of the adjoining
property owners requested that I meet with them to discuss the
application.
At that meeti ng, the property owners requested that we provi de a
buffer area along our common boundary line, and that I present the
plans for the buffer area at their next scheduled meeting on May 8.
Since the hearing for the change of zoning is scheduled prior to
the civic league meeting, I am requesting that our application be
deferred until May 21, 1984. Th¡:tnk you.
Y~27;:X~~
Richard S. Browner
RSB/vts
cc:
Irv Douglas, Civic League representative
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- 50 -
Item II-L.1-3.
APPOINTMENTS
ITEM 11 21861
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By CONSENSUS, City Council RESCHEDULED Appointments of the following:
ADVERTISING SELECTION COMMITTEE
COMMUNITY SERVICES BOARD
HISTORICAL REVIEW BOARD
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May 7, 1984
- 51 -
Item II-M.1
UNFINISHED BUSINESS
ITEM If 21862
Councilman McCoy referenced horrendous "traffic jam" occuring on Independence
Boulevard on May First, due to road repairs.
The City Manager will confer with Director of PubIc Works and advise Members
of City Council concerning a review of City Policy involving repairs to
roads.
May 7, 1984
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- 52 -
Item II-O.1
RECESS INTO
EXECUTIVE SESSION
ITEM 1/ 21863
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In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Jennings, seconded by Vice Mayor Henley, City Council
voted to RECESS into EXECUTIVE SESSION for discussion of Legal Matters,
Personnel Matters, and Publicly Held Property, after which to adjourn.
(5:30 p.m.)
Voting:
10-1
Council Members Voting Aye:
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John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
*Councilman McCoy left the EXECUTIVE SESSION at 5:30 p.m.
*Councilwoman Creech left the EXECUTIVE SESSION at 6:25 p.m.
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May 7, 1984
- 53 -
Item 11-0.2
ADJOURNMENT
ITEM II 21864
By CONSENSUS, City Council adjourned the meeting at Six Thirty in the evening.
/---) .(-')
.., .' L~ U. /):r:t7:ÞJ
~eve~ly' . Hooks
Deputy City Clerk
~~" -r~~
R Hodges Smiti1, CMC
City Clerk
City of Virginia Beach
Virginia
Mayor
May 7, 1984
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