HomeMy WebLinkAboutOCTOBER 20, 1986
I, II
City CJf~ Vi1~gi1.ia E3eE_~cl~
"WORLD'S LARGEST RESORT CITY"
(:ITY COUNCIL
.\fA YOR ROBERT G. JONES, At Large
VICE MAYOR MEYERA E. OBERNDORF, At Large
.~LBERT W BALKO, Lynnhaven Barough
JOHN A. BAUM, Blackwater Barough
ROBERT E. FENTRESS, VirginIa Beach Barough
HAROLD HEISCHOBER, At Large
B4RBARA M. HENLEY, Pungo Barough
I<EBA S. McCLANAN, Princess Anne Barough
JOHN D MOSS, Kempsville Barough
."-ANCY K. PARKER, At Large
JOHN L. PERRY, BaYSlde Barough
RUTH HODGES SMITH, CMC, City Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUlWING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
18041427-4303
October 20, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM 1.
INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room
- 11:30 AM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFING
1. State Allocation of Highway Projects
Mr. C. Oral Lambert, Jr., Director of Public Works
E. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL
- Council Chambers
2:00 PM
A. INVOCATION: Reverend Wallace o. Odum, Jr.
First Assembly of God
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
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E . MINUTES
1. Approval of City Council Minutes:
a. INFORMAL & FORMAL SESSIONS: October 13. 1986
F. PLANNING
1.
Ordinance for the discontinuance,
portion of Baltic Avenue in the
(Virginia Beach Borough).
closure and
petition of
abandonment
William L.
of a
Freed
DEFERRED by City Council on October 6, 1986.
Recommendation: FINAL APPROVAL
2. Ordinance for the discontinuance, closure and abandonment of a
portion of Branksome Drive in the petition of PS Associates II, Ltd.
(Kempsville Borough).
DEFERRED by City Council on April l4, 1986.
Recommendation: DEFERRAL for 60 days to allow for
resubdivision plat review
3. Ordinance for the discontinuance, closure and abandonment of a
portion of Old Norfolk/Virginia Beach Road in the petition of Maureen
Mottolese (Lynnhaven Borough).
DEFERRED by City Council on June 16, 1986.
Recommendation: DEFERRAL or DENIAL
4. Applications of Ernest L. & Phyllis A. Hudson for Changes of Zoning
(Bayside Borough):
a. From B-3 Central-Business District to I-I Light Industrial
District on the following parcels:
Parcel 1; Located 150 feet south of Cleveland Street beginning
at a point 250 feet east of Opal Avenue;
Parcel 2: Located on the north side of Southern Boulevard
beginning at a point 380 feet east of Opal Avenue.
Said parcels contain 6.283 acres (Bayside Borough).
AND,
b. From B-3 Central-Business District to B-2 Community-Business
District on property located on the south side of Cleveland
Street, 250 feet east of Opal Avenue, containing 3.099 acres.
Recommendation: APPROVAL
5. Application of J. B. Fay, Jr. for a Change of Zoning from R-3
Residential District to R-5 Residential District on property located
at the northeast and northwest corners of Jack Frost Road and
Northampton Boulevard, containing 6.4 acres (Bayside Borough).
Recommendation: NONE DUE TO TIE VOTE
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6. Application of Midas Realty Corporation on property located at the
northeast corner of Holland Road and Hayes Avenue on Lots 1-5 and
ll-15, Block 3, Pecan Gardens, containing 25,265 square feet
(Princess Anne Borough):
a. For a Change of Zoning from A-I Apartment District to B-2
Community-Business..
AND,
b. For a Conditional Use Permit for an automotive repair facility.
DEFERRED by City Council on August 18, 1986.
Recommendation: DENIAL
7. Applications of Motor City Associates:
a. For a Conditional Use Permit for automobile repair, sales, parts
and service on property located at the northeast corner of
Virginia Beach Boulevard and N. Witchduck Road, containing 8.4
acres (Bayside Borough).
AND,
b. For the discontinuance, closure and abandonment of a portion of
Pennsylvania Avenue and Jeanne Street (Bays ide Borough) as
follows:
Pennsylvania Avenue: Beginning at the northern boundary of
Jeanne Street and running in a northerly direction a distance of
50 feet and is 50 feet in width.
Jeanne Street: Beginning at the eastern boundary of N. Witcnduck
Road and running in an easterly direction a distance of 309 feet
more or less and is variable in width from 80.83 feet to 60 feet.
Said parcels contain 23,503 square feet more or less.
Recommendation: APPROVAL
G. RESOLUTIONS
1 . INDUSTRIAL DEVELOPMENT REVENUE BONDS:
a. Resolutions approving the issuance of Industrial Development
Revenue Bonds:
1. Virginia Tissue Bank
$ 700,000
2. Haynes Furniture Company, Inc.
$6,630,000
3. Haynes Furniture Company, Inc.
$1,470,000
(Refunding)
4. A & D Associates (Ralph J. Doudera)
$ 590,000
(Refunding)
2. Resolution to approve the amended Bylaws of the Virginia Beach
Community Development Corporation regarding the Conflict of Interest
provision contained within.
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H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances to AMEND and REORDAIN/ or REPEAL certain sections of the
Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS,
DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM
STATEWIDE BUILDING CODE:
a. AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the
Department of Permits and Inspections;
b. REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94,
8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132 and 8-133 - Board of
Building Code Appeals;
c. M-1END and REORDAIN Section 8-26 - Uniform Statewide Building
Code;
d. AMEND and REORDAIN Section 8-27 - Violations of the Uniform
Statewide Building Code;
e. AMEND and REORDAIN Section 8-28 - Penalties for Violation of the
Uniform Statewide Building Code;
f. AMEND and REORDAIN Section 8-69 - Board of Building Code Appeals;
g. AMEND and REORDAIN Section 8-70 - Qualifications of Members of
the Board of Building Code Appeals;
h. AMEND and REORDAIN Section 8-71 - Removal of Members of the Board
of Building Code Appeals;
1. AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building
Code of Appeals;
j. AMEND and REORDAIN Section 8-75 - Appeals Generally;
k. AMEND and REORDAIN Section 8-158 - Revocation of Certificates of
Competency of Plumbers;
1. AMEND and REORDAIN Section 8-198 - Suspension or Revocation of
Certificates of Competency of Electricians;
m. AMEND and REORDAIN Section 16-1 - Designation of the Housing and
Property Maintenance Code;
n. AMEND and REORDAIN Section 16-2 - Deleting the Definition of the
term "Board";
o. AMEND and REORDAIN Section 16-3 - Purpose of the Housing and
Property Maintenance Code;
p. ADD Section 16-3.1 - Adoption of Volume Two of the Uniform
Statewide Building Code;
q. REPEAL Sections 16-4, 16-9, 16-12, 16-13, 16-14, 16-15, 16-16,
Articles II, III, IV, V and VI Housing and Property
Maintenance;
r. AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the
Housing and Property Maintenance Code;
s. AMEND and REORDAIN Section 16-10 - Local Planning Authority
Inspections;
t. AMEND and REORDAIN Section 16-11 - Violations of the Housing and
Property Maintenance Code.
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2. Ordinance authorizing the City Manager to execute a license agreement
between the City of Virginia Beach and the United States Government
for a Satellite Highway Maintenance Yard.
3. Ordinance to authorize acquisition of property in fee simple for
right-of-way for intersection of Old Great Neck Road and Reagan
Avenue and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or by condemnation.
4. Ordinance to authorize the acquisition of real property, easements,
either by agreement or by condemnation, for Princess Anne Road Sewer
Extension (CIP 6-965).
5. Ordinance upon FIRST READING to accept and appropriate grants in the
amount of $30,429 from the Southeastern Virginia Areawide Model
Program (SEVAMP) to the Department of Mental Health and Mental
Retardation.
6. Ordinance to transfer funds in the amount of $90,061 within the
1986-87 operating budget for the Public Works Department to improve
sidewalks along Atlantic Avenue.
1. APPOINTMENTS
1. VIRGINIA BEACH ARTS CENTER - Board of Trustees/Executive Committee
2. VIRGINIA BEACH BOND REFERENDA COMMITTEE
3. BOARD OF PLUMB ING AND MECHANICAL APPEALS
4. TRANSPORTATION SAFETY COMMISSION
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Interim Financial Statements - July 1, 1985 through June 30, 1986.
L. ADJOURNMENT
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 20, 1986
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
October 20, 1986 at 11:35 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum
(ENTERED: 11:48)
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MATTERS BY THE MAYOR
TARGET AREA
TOUR
ITEM # 26191
Mayor Jones referenced the November 7, 1986, Tour of the TARGET AREAS. Upon
completion of this tour the City Council will meet at the Pavilion instead of
the Council Conference Room. The Council will then meet with the COMMUNITY
SERVICES BOARD and at 3:30 P.M. the VIRGINIA BEACH CITY SCHOOL BOARD.
Mayor Jones requested suggestions concerning the AGENDA for the discussion with
the School Board so he might advise James Fletcher, Chairman of the School
Board.
PLANNING REVIEW PROCESS
COMMITTEE
ITEH # 26192
Mayor Jones distributed a Memorandum concerning the PLANNING REVIEW PROCESS
COMMITTEE (Copy of same is hereby made a part of the record).
During the past year the City undertook an exstensive assessment of the
PLANNING REVIEW PROCESS and made adjustments designed to expedite the
consideration of applications received by the Planning Department.
In the interest of providing City Council with a report and evaluation of the
effectiveness of the new procedures, the Mayor APPOINTED a Committee to make
an inquiry into the revisions that have been made and the reception they have
received by affected parties. The Committee shall be composed of Councilman
Albert Balko - Chairman, Planning Commissioner F. D. Reid and Richard Browner.
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CON C ERN S 0 F C I T Y C 0 U N C I L
ITEM # 26193
MAJOR RIGHT-OF-WAY
SETBACKS
Councilwoman Parker referenced maj or right-of-way setbacks on highways found
in subdivisions developing next to a major highway. Major roadways have been
platted, but not built through and small units end up being on top of these
roadways. When a resident opens their backdoor they are ten feet from a
major right-of-way. City Staff should investigate same.
The Mayor referenced the HMP Committee (Councilwomen Henley, McClanan and
Parker) and a conversation with Planning Commissioner Judith Dockery.
Commissioner Dockery sugested a meeting on November 5, 1986, at 4:30 P.M., for
discussion of the aforementioned item and others. The Members of the Planning
Commission who will be in attendance are Sam Meyers, Judith Dockery and Charles
Krummell. Planning Director Robert J. Scott shall also be in attendance. A
monthly meeting was suggested.
NORTHAMPTON BOULEVARD
ITEM # 26194
Councilman Perry referenced the Ordinance upon application of J. B. FAY, JR.,
for a Change of Zoning from R-3 to R-5 on property located at the northeast and
northwest corners of Jack Frost Road and Northampton Boulevard, containing 6.4
acres (Bayside Borough) (See Item II-F.5 of the PLANNING AGENDA).
Councilwoman Perry inquired as to whether the widening of
Boulevard would affect the aforementioned property.
Northampton
This item will be discussed at the November 5, 1986, Meeting of the lIMP
COMMITTEE.
SANDBRIDGE RESOLUTIONS
ITEM # 26195
Councilwoman Henley referenced Resolutions concerning SANDBRIDGE BEACH
PRESERVATION. Said Resolutions had been DEFERRED until the Ci ty Council
Meeting of October 27, 1986. Councilwoman Henley inquired as to whether staff
would identify the sources of the sand, if $2.5 MILLION was available for
beach replenishment.
The City Staff willl advise City Council of their recommendations concerning
same prior to the City Council Meeting of October 27, 1986.
CITY COUNCIL PARKING
ITEM # 26196
Councilman Moss referenced the PARKING LOT on the west side of the building and
the City Manager's Memorandum concerning same, which would entail the removal
of the PARKING BY PERMIT signs on the Parking Lot. The City Manager advised
parking could be limited to one hour, but not thirty (30) minutes, as
suggested by the Judges. The Permanent Parking Permit signs have been removed.
The handicapped signs will have to be retained as this is their only access.
This item will be placed on a future FORMAL COUNCIL AGENDA.
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CON C ERN S 0 F C I T Y C 0 U N C I L
GENERAL REVENUE SHARING
ITEM # 26197
Councilman Fentress requested staff advise the effect that the loss of
General Revenue Sharing would be to the City of Virginia Beach.
Councilman Heischober advised a provision had been made for this probable loss
in last year's RESERVE.
VMRC
ITEM # 26198
Vice Mayor Oberndorf referenced a communication from the North Beach Civic
League about their concerns relative the VIRGINIA MARINE RESOURCE COMMISSION's
decision on the Eastern Shore that they felt violated the intent of the
Coastal Primary Dunes Act. The Civic League is requesting the City Council
ADOPT a Resolution protesting the VMRC's action. Councilwoman Oberndorf
distributed a copy of said Resolution and requested City Staff advise if said
Resolution is appropriate.
DUPLICATIONS
ITEM # 26199
Councilman Perry referenced duplications of information from the Office of
Public Information.
The City Manager advised same would be corrected.
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INFORMAL SESSION
BRIEFING
STATE ALLOCATION OF HIGHWAY PROJECTS
October 20, 1986
The City Manager advised on October 27, 1986, the Suffolk District Office of
the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORATION is holding a
PREALLOCATION HEARING.
A Memorandum explaining same was distributed to City Council and is hereby made
a part of the record. Mr. C. Oral Lambert, Jr., Director of Public Works
presented the City's Proposed position with the State Highway Departent.
Currently the State is operating under a Six-Year Plan. The first prioriity
for any additional funds available in Virginia Beach should be to fully fund
the projects curently scheduled in the VIRGINIA DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION SIX-YEAR IMPROVEMENT PROGRAM. The present program identifies
projects totalling approximately $136.8-MILLION for the City of Virginia Beach.
Of this amount, approximately $43.3-MILLION is unfunded.
Military Highway/Wayside Bridge (Joint Norfolk/Virginia Beach
project)
Pacific Avenue
(Additional crossing of Rudee Inlet)
Constitution Drive (Extend Constitution Drive from Columbus
Street to Independence Boulevard)
London Bridge Road, Phase I (From Holland Road to General Booth
Boulevard)
Dam Neck Road, Phase II (Defense access project from General
Booth Boulevard into the Dam Neck Naval Facility)
Virginia Beach Boulevard, Phase III (Western portion of that
three phase project)
Virginia Beach Boulevard, Phase I (Project under construction
now)
Virginia Beach Boulevard, Phase II (Eastern portion of
aforementioned project)
Lake Smith Spillway (Small crossing
Boulevard/Shore Drive, which needs replacing)
of
Northampton
Princess Anne Road, Phase III (Ferrell Parkway Project)
Kempsville Road, Phase II (Under construction now from Indian
River Road to Centerville Turnpike)
Haygood Road Project (Under construction
Independence Boulevard to Diamond Springs Road)
and is from
Great Neck Road, Phase II (Northern portion of Great Neck Road)
Oceana Boulevard and First Colonial Road (Originally conceived
as a major project; however, Southeastern Expressway might have
an impact on the configuration of this project.)
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ITEM # 26200
Mayor Jones entertained a motion to permit City
EXECUTIVE SESSION pursuant to Section 2.1-344,
amended, for the following purposes:
Council to conduct its
Code of Virginia, as
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: Consul ta tion 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 Councilman Balko, seconded by Councilwoman Henley, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
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FOR MAL S E S S ION
VIRGINIA BEACH CITY COUNCIL
October 20, 1986
2:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October
20, 1986, at 2:10 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Reverend Wallace O. Odum, Jr.
First Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 26201
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item II-D. 1
CONSENT AGENDA
ITEM # 26202
The City Manager referenced Ordinances to AMEND and REORDAIN/or REPEAL certain
sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE
APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM
STATEWIDE BUILDING CODE. (See item II-H.1a/t of the CONSENT AGENDA).
This item will be pulled for presentation by City Staff.
Item II-D.2
NEW BUSINESS
ITEM # 26203
ADD-ON
Councilwoman Henley referenced an Ordinance upon application of STEVEN H.
DAVIDSON for a Conditional Use Permit for a Single-Family Dwelling. This
Oridnance was ADOPTED on October 14, 1985.
A problem has occurred concerning the condition. The applicant, Steven H.
Davidson, is in attendance. This item will be ADDED under NEW BUSINESS for
discussion.
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Item II-E. 1 .a
MINUTES
ITEM # 26204
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Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
APPROVED the MINUTES of October 13, 1986:
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E.
Harold Heischober, Barbara M. Henley, Mayor
Jones, Reba S. McClanan, John D. Moss,
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
Fentress,
Robert G.
Nancy K.
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Item II-F.1-7
PUBLIC HEARING
PLANNING
ITEM # 26205
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
1 . WILLIAM L. FREED STREET CLOSURE
2. PS ASSOCIATES II, LTD. STREET CLOSURE
3. MAUREEN MOTTOLESE STREET CLOSURE
4. ERNEST L. & PHYLLIS A. HUDSON CHANGES OF ZONING
5. J. B. FAY, JR. CHANGE OF ZONING
6. MIDAS REALTY CORPORATION CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
7. MOTOR CITY ASSOCIATES CONDITIONAL USE PERMIT AND
STREET CLOSURE
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Item II-F. 1 .
PUBLIC HEARING
PLANNING
ITEM # 26206
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance,
closure and abandonment of a portion of Baltic Avenue in the petition of
WILLIAM L. FREED.
Application of William L. Freed for the
discontinuance, closure and abandonment of portions
of Baltic Avenue.
Baltic Avenue: Beginnning at the Northern boundary
of Maryland Avenue and running in a northerly
direction a distance of 100 feet. VIRGINIA BEACH
BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BALTIC
AVENUE, AS SHOWN UPON THAT CERTAIN PLAT
E N TIT LED, II RES U B D I V I S I 0 t~ 0 F LOT S 3 0, 3 1 ,
32,33 and 34, BLOCK 16 AND-LOTS 1,2,3,
4, AND 5, BLOCK 26 AND STREET CLOSURE OF
A PORTION OF BALTIC AVENUE AND EASEMENTS
MAP OF SHADOW LAWN HEIGHTS, VIRGINIA BEACH
BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by William L. Freed, that he would make
application to the Council of the City of Virginia Beach,
Virginia, on February 3, 1986, to have the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that the
portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
All that certain parcel of property lying,
situate and being in the Beach Borough of
the City of Virginia Beach, Virginia, as
s how non t hat c e r t a i n ~1 a p 0 f S had 0 w Law n
Heights which is duly recorded in the
C1erkls Office of the Circuit Court of the
City of Virginia Beach, Virginia in ~'ap Book
7, at page 14, and with reference to said
plat being more particularly described as
follows:
THAT CERTAIN portion of Ba1 tic Avenue
lying south of 12th Street (now 9th Street),
beginning at a pin located at the
intersection of the Southern right-of-way,
line of 12th Street (now 9th Street) and the
western right-of-way line of Baltic Avenue,
thence from said point of beginning S 070
00' E a distance of 200 feet, along the
western ri ght-of-way 1 i ne of Bal ti c Avenue,
to the point of intersection with the
northern ri ght-of-way 1 i ne of 11 th Street
(now Maryland Avenue); thence turning and
running at right angles to said former
course, S 830 00' W a distance of 50 feet
along the northern right-of-way line of 11th
Street (now Mary1 and Avenue) to a' poi nt of
intersection with the eastern right-of-way
line of Baltic Avenue; thence turning and
running at right angles to said former
course, N 070 001 W a distance of 200 feet,
October 20, 1986
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along the eastern right of way line of
Baltic Avenue, to a pln at the point of
intersection with the southern right-of-way
1 i ne of 12th Street (now 9th Street); thence
turning and running at right" angles to said
former course, N 830 00' E a distance of 50
feet, along the southern right-af-way 1 ine
of 12th Street (now 9th Street) to the sa i d
point of beginning as shown on that Plat
entitled "RESUBDIVISIOI~ OF LOTS 30, 31, 32,
33 and 34, BLOCK 16 AND LOTS 1,2,3,4, AND
5, BLOCK 26 AND STREET CLOSURE OF A PORTION
OF BALTIC AVENUE AND EASEMENTS MAP OF SHADOW
LAWN HEIGHTS, VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA. II
Said parcel of land ~eing a portion of Baltic Avenue dS
indicated on that certain plat of the property to be vacated
South of what is presently 9th Street, in Shadow La~Jn Heights
for William L. Freed, which plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book
, at page
, and which is made
a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective sixty (60) days from
the date of its adoption.
FINAL APPROVAL: October 20, 1986
0085i
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October 20, 1986
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Item II-F.2
PUBLIC HEARING
PLANNING
ITEM # 26207
Attorney Wallace B. Smith represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
DEFERRED sixty (60) days for compliance until the City Council Meeting of
December 15, 1986, an Ordinnace for the discontinuance, closure and
abandonment of a portion of Branksome Drive in the petition of PS ASSOCIATES
II, LTD.
Application of PS Associates II, Ltd., for the
discontinuance, closure and abandonment of a
protion of Branksome Drive located 590 feet more
or less northeast of South Independence Boulevard,
520 feet northwest of Edwin Drive and running in a
northwesterly direction a distance of 305.24 feet.
Said parcel contains 19,514.88 square feet.
KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
I II
- 13 -
Item II-F.3
PUBLIC HEARING
PLANNING
ITEM # 26208
Attorney R. J. Nutter represented the applicant and requested DEFERRAL to
allow twenty-five individuals (Trustees and property owners) to sign the plat.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Concil
DEFERRED ninety (90) days FOR COMPLIANCE, until the City Council Meeting of
January 19, 1987, an Ordinance for the discontinuance, closure and abandonment
of a portion of Old Norfolk/Virginia Beach Road in the petition of MAUREEN
MOTTOLESE.
Application of Maureen M. Mottolese for the
discontinuance, closure and abandonment of a
portion of Old Norfolk-Virginia Beach Road
beginning on the west side of Little Neck Road and
running in a westerly direction a distance of
236.87 feet. Said parcel varies in width from
41.93 feet to 30 feet and contains 10,410.84 square
feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
i II
- 14 -
Item II-F .4.
PUBLIC HEARING
PLANNING
ITEM # 26209
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Perry, seconded by Counciman Heischober, City Council
ADOPTED Ordinances upon application of ERNEST L. & PHYLLIS A. HUDSON for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF ERNEST L. & PHYLLIS
A. HUDSON FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 TO 1-1 Z010861123
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ernest L. & Phyllis
A. Hudson for a Change of Zoning District
Classification from B-3 Central-Business District
to 1-1 Light Industrial District on the following
parcels:
Parcel 1: Located 150 feet south of Cleveland
Street beginning at a point 250 feet east of Opal
Avenue.
Parcel 2: Located on the north side of Southern
Boulevard beginning a point 380 feet east of Opal
Avenue.
Said parcels contain 6.283 acres. Plats with more
detailed information are available in the
Department of Planning. BAYS IDE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF ERNEST L. & PHYLLIS
A. HUDSON FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 TO B-2 Z010861124
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Ernest L. & Phyllis
A. Hudson for a Change of Zoning District
Classification from B-3 Central-Business District
to B-2 Community-Business District on certain
property located on the south side of Cleveland
Street, 250 feet east of Opal Avenue. Said parcel
contains 3.099 acres. PIa ts with more detailed
information are available in the Department of
Planning. BAYS IDE BOROUGH.
I II
- 15 -
Item II-F.4.a/b
PUBLIC HEARING
PLANNING
ITEM # 26209 (Continued)
Prior to the changing of the official zoning maps, the following conditions
shall be met:
1. A variable width right-of-way dedication is
required along the frontage of Maynard Avenue, as
per the Master Street and Highway Plan.
2. A variable width right-of-way dedication is
required along the frontage of Southern Boulevard,
as per the Master Street and Highway Plan.
3. In accordance with the Ci ty I S Master Street and
Highway Plan, which calls for an ultimate four-lane
undivided highway for Cleveland Street, right-of-
way dedication will be required along the existing
alignment.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of October, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
; I II
- 16 -
Item II-F. 5
PUBLIC HEARING
PLANNING
ITEM # 26210
The following spoke in support of said application:
Attorney R. J. Nutter represented the applicant and submitted a petition
signed by adjacent residents in support of the application. (Said petition
is hereby made a part of the record). Attorney Nutter also advised his
applicant would submit a deed restriction limiting construction to 17-
single-family residential homes (7 lots on the water and 10 lots on the
land side). The applicant would install a sedimentation trap to control
run-off.
Carl E. Bailey, Jr., adjacent resident of 10-1/2 years.
Bernice Heuser, resident of Jack Frost Road
OPPOSED:
Ira Lee White, resident of Horseshoe Bend and presented a petition in
Opposition containing 180 signatures.
Charles W. Baber, resident of Shenstone Court
Larry R. Hall, resident of Shenstone Drive.
Robert Searcy, President Lake Shroes Civic League
Donalda Blecher, registered in OPPOSITON, but WAIVED right to speak to Ira
Lee White
The City Clerk referenced letters in OPPOSITION from Mr. and Mrs. Charles W.
Baber and residents of Shenstone. Said letters are herby made a part of the
record.
A MOTION was made by Councilman Perry to ADOPT an Ordinance upon application
of J. B. FAY, JR., for a Change of Zoning from R-3 Residential District to
R-5 Residnetial District on property located at the northeast and northwest
corners of Jack Frost Road and Northampton Boulevard, containing 6.4 acres
(Bayside Borough). This Motion failed for lack of a Second.
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council DENIED an Ordiance upon application of J. B. FAY, JR., for a Change
of Zoning:
ORIDNANCE UPON APPLICATION OF J. B. FAY, JR., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 3
TO R-5
Ordinance upon application of J. B. Fay, Jr., for a
Change of Zoning District Classification from R-3
Residential District to R-5 Residential District on
certain proeprty located at the northeast and
northwest corners of Jack Frost Road and
Northampton Boulevard. Said parcels contain 6.4
acres. Plats with more detailed information are
avialable in the Department of Planning. BAYS IDE
BOROUGH.
I II
- 17 -
Item II-F. 5
PUBLIC HEARING
PLANNING ITEM # 26210 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
I I
- 18 -
Item II-6.a/b
PLANNING
ITEM # 26211
Attorney Michael Inman represented the applicant and requested DEFERRAL. The
applicant has acquired another lot. Applications to the Planning Commission
concerning a Change of Zoning and Conditional Use Permit relative LOT 6 will
be heard on November 11, 1986. Attorney Inman requested DEFERRAL to enable
all mattters to be heard in conjunction. Attorney Inman advised they are still
pursuing the Proposed Curb Cut serving multiple sites.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council DEFERRED until the City Council Meeting of December 8, 1986,
Ordinances upon application of MIDAS REALTY CORPORATION for a Change of Zoning
and a Conditional Use Permit:
ORDINANCE UPON APPLICATION
CORPORATION FOR A CHANGE OF
CLASSIFICATION FROM A-1 TO B-2
OF MIDAS REALTY
ZONING DISTRICT
Ordinance upon application of MIDAS Realty
Corporation for a Change of Zoning District
Classification from A-1 Apartment District to B-2
Community-Business at the northeast corner of
Holland Road and Hayes Avenue on Lots 1-5 and 11-
15, Block 3, Pecan Gardens. Said parcels contain
25,265 square feet. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE REPAIR FACILITY
Ordinance upon application of MIDAS Realty
Corporation for a Conditional Use Permit for an
automotive repair facility at the northeast corner
of Holland Road and Hayes Avenue on Lots 1-5 and
11-15 Block 3, Pecan Gardens. Said parcels contain
25,265 square feet. PRINCESS ANNE BORUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker John L. Perry
Council Members Voting Nay:
None
ouncil Members Absent:
None
- 19 -
Item II-F. 7.a
PUBLIC HEARING
PLANNING
ITEM # 26212
Attorney Charles Salle' represented the applicant and submitted a letter
proferring certain conditions. (Said letter is hereby made a part of the
proceedings.)
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of MOTOR CITY ASSOCIATES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MOTOR CITY ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR,
SALES, PARTS AND SERVICE R01086984
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Motor City Associates
for a Conditional Use Permit for automobile repair,
sales, parts and service on certain property
located at the northeast corner of Virginia Beach
Boulevard and North Witchduck Road. Said parcel
contains 8.4 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Extension of the 25-foot wooded buffer along the
northern property line.
2. Dedication of a variable width right-of-way along
Virginia Beach Boulevard in accordance with the
Virginia Beach Boulevard Project.
3. Resubdivision of the property and vacation of
internal lot lines to include the 5,000 square feet
of property, if rezoned from R-6 Residential
District to B-2 Community-Business District.
4. Discontinuance of the Volkswagen repair and parts
within 30 days from final approval.
5. Discontinuance of Bug House facilities wi thin 30
days.
6. All exisiting facilities shall be removed within 18
months.
7. A chain-link fence with wooden sla ts shall be
constructed along the western boundary of the 25-
foot buffer zone.
8. No Paint Shop, Body Shop, or Major Engine Overhaul
facility shall exist on the property.
9. The Preliminary Site Plan for MOTOR CITY
ASSOCIATES, PHASES 1 & 2, presented by Attorney
Charles Salle I and drawn by WATERWAY SURVEYS AND
ENBGINEERING, LTD., on September 5, 1986, shall be
the specific plans hereby approved and made a part
of the record.
10. Any violation of the above conditions shall be
cause to revoke this Conditional Use Permit.
I II
- 20 -
.tem II-F.7.a
PUBLIC HEARING
PLANNING
ITEM # 26212 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of October, Nineteen Hundred and Eighty-six.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
None
I I II
- 20a -
PENDER fc, COWARD
ATTORNEYS AND COUNSELLORS AT LAW
H. LEE AGDI50N, ill
RICHARD J. BEAVER
DAVID D. DICKERSON
MARTHA D. FRANKLIN
DAVID L.HDRNE
BRECKENRIDGE INGLES
RICHARD C. LANGHORNE
LEONARD D. LEVINE
.JAMES B. LONERGAN
PETER C. MANSON, .JR.
BURKt W. MARGULIES
HENRY C. MORGAN..JR.
CHARLES M. SALLE
DANI EL M. SCHIEBLE
THOMAS S. SHADRICK
MARK E. SLAUGHTER
WILLIAM B. SMITH
JOH N A. TI LHOU
.JOSEPH T.WALDO
The Honorable Robert G. Jones, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
FOURTH FLOOR. GREENWICH CENTRE
192 BALLARD COURT
AT GREENWICH ROAD
CREDIT UNION OFFICE:
SUITE 311, NEWTOWN SQUARE
160 NEWTOWN ROAD
VIRGINIA BEACH, VIRGINIA 23462-2483
(804) 490 -3000
VIRGINIA BEACH, VIRGINIA 23462-2483
TELEPHONE (804) 490-3000
WILLIAM C.PENOER (1893-1979)
CABLE ADDRESS
O'VALAWO
OF CQUNSEL
NELSON W, COWARD
NORRIS E, HALPERN
October 15, 1986
WRITER'S DIRECT DIAL NUMBER
490""6279
Re: Application of Motor City Associates for a
Conditional Use Permit
Dear Mayor Jones and Members of Council:
I represent Motor City Associates with respect to their
application for a Use Permit for Automobile Repair, Sale, Parts
and Service on certain property located at the northeast corner
of Witchduck Road and Virginia Beach Boulevard. In that connec-
tion, I have enclosed a Site Plan showing the two phases and the
manner in which Motor City intends to develop the project. As
with any project this large and this unique, it is impossible to
specify every detail of the development at this time. However,
I would like to emphasize that, although the Use Permit is general
in nature, we do not plan to conduct the following uses on the
property and their prohibition could be made a condition of the
Use Permit:
(a) Paint shop
(b) Body shop
(c) Major engine overhaul facility
In addition to the staff requirements, we have also agreed
to the following:
(a) The present Bug House facilities will be
removed within 30 days
(b) All existing facilities will be removed
within 18 months
(c) A chain link fence with wooden slats will
be constructed along the western boundary
of the 25' buffer zone
.".
October 20, 1986
I I
- 20b -
PENDER ~ COWARD
The Honorable Robert G. Jones, Mayor
Members of City Council
October 15, 1986
Page 2
We also would agree that the Use Permit would only be valid
for a project developed in the manner and in the phases as
shown on the Site Plans. This would ensure that the project
is developed as a planned shopping center development and
not as individual buildings. With the above requirements,
I think the financial marketplace will dictate that the pro-
ject be developed as planned or not at all.
I have also enclosed for your information, a copy of an
article which appeared in the Beacon recently concerning the
project and the developer. Should you have any questions con-
cerning any of the above, please do not hesitate to contact me.
I appreciate your cooperation and attention to this matter.
Very truly yours,
c::::4'a~ A. ~dItl
Charles M. Salle'
CMS/pr
Encl.
cc: City Clerk
City Manager
City Attorney
/
."
October 20, 1986
- 21 -
Item II-F. 7. b
PUBLIC HEARING
PLANNING
ITEM # 26212 (Continued)
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
DEFERRED for COMPLIANCE in 180 days to April 20, 1987, an Ordinance for the
discontinuance, closure and abandonment of a portion of Pennsylvania Avenue in
the petition of MOTOR CITY ASSOCIATES.
Application of Motor City Associates for the
discontinuance, closure and abandonment of a
portion of Pennsylvania Avenue and Jeanne Street as
follows:
Pennsylvania Avenue:
boundary of Jeanne
northerly direction a
feet in width.
Beginning at the northern
Street and running in a
distance of 50 feet and is 50
Jeanne Street: Beginning at the eastern boundary
of North Witchduck Road and running in an easterly
direction a distance of 309 feet more or less and
is variable in width from 80.83 feet to 60 feet.
Said parcels contain 23,503 square feet more or
less. BAYSIDE BOROUGH.
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office
2. Resubdivison of the the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels to avoid creation of a
nonconforming lot, as well as to insure that all
lots have access to a public street.
3. Dedication of a utility easement over existing and
future facilities as determined by the Department
of Public Utilities.
4. Closure of this right-of-way
upon the compliance wi th
conditions within 180 days of
Council.
shall be contingent
the above stated
the approval by City
- 22 -
Item II-F.7.b.
PUBLIC HEARING
PLANNING ITEM # 26212 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 22a -
ORDINANCE NO. :
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THOSE CERTAIN
STREETS, KNOWN AS PENNSYLVANIA AVENUE AND
JEANNE STREET (FORMERLY DOUG LAS STREET),
LOCATED IN THE BAYSIDE BOROUGH OF THE CI TY OF
VIRGINIA BEACH, VIRGINIA, SHOWN AS THE CROSS-
HA'ICHED AREAS UPON THAT CERTAIN PLAT ENTITLED,
III1PHYSICAL SURVEY OF UNIMPROVED PORTIONS OF
JEANNE STREET (FORMERLY DOUGLAS AVENUE) AND
PENNSYLVANIA AVENUE EUCLID PLACE IN MAP BOOK
4, PAGE 62, BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIAII ATTACHED HERETO AND MADE A PART
HEREOF.
WHEREAS, it appearing by affidavit that proper notice has
been given by Motor City Associates, a Virginia general
partnership, that he would make application to the Council of the
City of Virginia Beach, Virginia, on July 14, 1986, to have
portions of the hereinafter described streets, discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that the portions
of the said streets be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
ALL THAT portion of Pennsylvania Avenue and
Jeanne Street (formerly Douglas Street) as
shown on that certain plat entitled IIPhysical
Survey of Unimproved Portions of Jeanne Street
(formerly Th:>uglas Avenue) and Pennsylvania
Avenue Euclid Place in Map Book 4, Page 62,
Bayside Borough Virginia Beach, Virginiall
attached hereto and made a part hereof.
r
October 20, 1986
- 22 b -
SECTION I I
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
05307 Igm ICC1!I
-2-
.".
October 20, 1986
i II
- 23 -
Item II-G.1.a.1/4.
RESOLUTIONS
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
ITEM # 26213
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED Resolutions approving the issuance of Industrial Development
Revenue Bonds:
A & D Associates (Ralph J. Doudera)
$ 700,000
$ 590,000
(Refunding)
Virginia Tissue Bank
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 23a -
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?
. .
i
VIRGINIA TISSUE BANK PROJECT
Southwest intersection of Baker Road
and Ward Court
Medical Laboratories and Offices
$700,000
(a non-stock corporation)
I-I
Yes
No X
9-
I II
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAt1E:
VIRGINIA TISSUE BANK PROJECT
TYPE OF FACILITY:
MEDICAL LABORATORIES AND OFFICES
~
6,800
4. Estimated personal property tax per
year using present tax rates
5. Estimated merchants' capital (business
license) tax per year ~sing present tax
rates
$
4,500
$
- 0 -
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 $ 50
8. Average annual salary per employee $ 24,000
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
'. )',
. ,
. . ,.
.
\."-"" .
Economic Impact Statement
1. Amount of investment
2.
Amount of industrial revenue bond financing
sought
3. Estimated taxable value of the facil~ty's
real property to be constructed in the City
. ~
.' . ..
of VirginIa Be.ach
4. Estimated real property tax per year using
present tax rate
5. Estim~ted personal property tax
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 25
I I
$1,000,000
$
: .~:.;-j~~~~:::~ ~~~
. ..
700,000
$ 850,000
$
$
6,800
4,500
C'.
'"
Av. Wage $ 24,000 per annum
B. Payroll generated $ 600,000
D.
Number of jobs retained 25
Payroll retained $ 600,000
Av. Wage $ 24.000
E. Estima~~ of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
. InventoryjSupplies
Value
$ 400,000
Machinery, Equipment, $ 200,000
etc. .
Professional Services $ 50,000
Insurance, motor ve-
hicles, etc.
$ 100,000
TOTAL $ 750,000
.
I I I
. ,\:
t ;"
. J'
'---
F. Estimated building permit fee and other municipal
. fees
$
G. Estimated construction payroll
$100,000
H. Estimated value of construction material
.. - "." ..-... ..-.... .
"'~:..-.:~...:.::~~:;~.::~~:;; ~~"..,"- : -:i
to be purchased within the City of
Virginia Beach
$400,000
30
I. Estimated number of construction jobs
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond fi :lncing? Yes X No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes _1>NO~
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location mL?)
Southwest
intersection of Baker Road and Ward Court
11. Explanation of alternative financing that has been
reviewed for project Conventional financing is no~
feasible for the Project due to increased interest costs.
.~.:::::
. .
I i I
.. '\~l" ._.1
'-
~ ......
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respects.
Subscribed and sworn to before me
~~ 1986.
~~)
day of September,
on Expires: r;",.f1
~
..
~.~
11 A B 26'O'Cnri'6'12'30' 0 E JoinsMap3 F G H i2..80,000IT ,'6"O'K'
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~AN2'KOOFT
76-10-00-
NAME OF PROJECT:
~ VIRGINIA TISSUE BANK PROJECT
PROJECT ADDRESS:
Southwest intersection of Baker
Road and Ward Court, Virginia Beach, Virginia
TYPE OF PROJECT:
Medical Laboratories and Offices
I I I I
.
A meetinq of the Council of the City of Virginia Beach,
Virginia, at which a quorum was present, was held in the Council
Chambers, in the Administration Building, on the 20 day of
October , 1986.
Present:
Albert W. Balko
John A. Baum
Robert E. Fentress
Harold Heischober
Barbara M. Henley
Mayor Robert G. Jones
Reba S. McClanan
John D. Moss
Vice Mayor Meyera E. Oberndorf
Nancy K. Parker
Absent:
Vote:
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
John L. Perry
On moti on by Councilman Fentress , seconded by
Councilman Heischober , and voted upon as herei n set forth, the
following resolution was adopted.
RESOLUTION OF COMMISSIONERS APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR VIRGINIA TISSUE BANK
WHEREAS,
the
City
of
Virginia
Beach
Development
Authori ty, whose address is 770 Lynnhaven Parkway, Sui te 200,
Virginia Beach, Virginia 23452 (the "Authority") has considered
the application of Virginia Tissue Bank, a Virginia non-stock
corporation, whose address is 533 Newtown Road, Suite 117,
Virginia Beach, Virginia 23462
(the "Purchaser"), for the
issuance of the Authori ty' s i ndustri al development revenue bond
in an amount estimated at not more than $700,000.00 (the "Bond")
to assist in the financing of the Purchaser's constructing and
equipping of a facility of approximately 12,000 square feet con-
taining medical laboratories and offices to be located at the
southwest intersection of Baker Road and Ward Court (the
"Project") situated in Virginia Beach, Virginia, to be owned and
operated by the Purchaser, and has held a public hearing thereon
on October 14, 1986, and;
WHEREAS, the Authori ty has requested the Counci 1 (the
"Council") of Virginia Beach, Virginia (the "City") to approve
the issuance of the Bond to comply wi th Secti on 103 (k) of the
Internal Revenue Code of 1954, as amended; and
- 1 -
I I I
WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
reasonably detailed summary of the 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 COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1.
The
reci tals made
in the preambles to this
Resolution are hereby adopted as a part of this Resolution.
2.
The
Council
of
the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority for the benefit of the
Purchaser, to the extent of and as required by Section l03(k) of
the Internal Revenue Code, to permit the Authority to assist in
the financing of the Project.
3. 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, pursuant
to Chapter 643 of the 1964 Acts of Assembly of Vi rgi ni a, as
amended, the Bond shall provide that nei ther the Ci ty nor the
Authority shall be obligated to pay the Bond(s) or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
Ci ty of Vi rgi ni a Beach, Vi rgi ni a, on October 20
, 1986.
CITY COUNCIL OF VIRGINIA BEACH
By:
eah
cc.c
- 2 -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
A & D ASSOCIATES PROJECT
2. LOCATION:
2940 North Lynnhaven Road
3. DESCRIPTION OF PROJECT:
Construction, equipping and
furnishing office building
4. AMOUNT OF BOND ISSUE:
Not To Exceed $590,000
5. PRINCIPALS:
RALPH J. DOUDERA
.. - ,,;, ~ .". - .
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 'B-2
b. Is rezoning proposed? Yes No -L
c. If so, to what zoning
classification?
..
.. ,_. -. ,... ..._.'~... ... -...-.-.----.....-.----. .
... -- '" - ... .. ..,.--
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
October 14, 1986
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: A & D ASSOCIATES PROJECT
TYPE OF FACILITY: Office Building
1. Maximum amount of financing sought $
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $
3. Estimated real property tax per year
using present tax rates ~
4. Estimated personal property tax per
year using present tax rates $
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $
590,000
845,000
5,230
- 0 -
- 0 -
6. Estimated dollar value per year of goods
and services that will be purchased
locally $
40,000
7. Estimated number of regular employees on
year round basis $
- 1 -
8. Average annual salary per employee $
20,000
The information contained in this State~ent is based solely
on facts anu estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
.JJ:t'.fhC'"
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NN-lE OF pR().JFC!:
A & D ASSOCIATES 1?~
p~ ADDRESS:
2940 North LynnhaVen Road
Virginia Beach, Virginia
TYPEOFPpOJECr:
Office Building
'1::-.-.
I I
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
BY THE CITY OF VIRGINIA DEVELOPMENT
AUTHORITY FOR RALPH J. DOUDERA IN
AN AMOUNT NOT TO EXCEED $590,000.00
FOR REFUNDING OF AN EXISTING BOND
ISSUE WHICH WAS USED TO FINANCE THE
COST, THE CONSTRUCTION AND EQUIPPING
OF AN OFFICE BUILDING AT
2940 NORTH LYNNHAVEN ROAD,
IN THE CITY OF VIRGINIA BEACH,
WHEREAS, on December 20, 1982, the Authority issued,
sold and delivered Six Hundred Thousand Dollars ($600,000.00)
principal of 1982 Industrial Development Revenue Bonds (A & 0
Associates Project) (the "1982 Bonds") to enable A & 0 Asso-
ciates, a Virginia general partnership, to finance the construc-
tion and equipping of a 11,650 square foot office building at
2940 North Lynnhaven Road, in Virginia Beach, Virginia (the
"Project"); and
WHEREAS, the City of Virginia Beach Development
Authority (the "Authority") has considered the application of
Ralph J. Doudera (the "Purchaser"), current owner of the project
for the issuance of the Authority's industrial development reve-
nue refunding bonds in an amount not to exceed $590,000.00 (the
"Bonds") and has held a public hearing thereon on October 14,
1986; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), to
approve the issuance of the Bonds to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to ~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 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;
WHEREAS, since the proceeds of the Bonds will be used
solely for the payoff and refunding of the unpaid principal
balance of the 1982 Bonds, the Bonds do not require an allocation
of a portion of the City's Local Allocation as defined by Execu-
tive Order 054(85), as modified, issued by the Governor of the
Commonwealth of 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, Virgi-
nia, approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of the Purchaser, to
the extent of and as required by Section l03(k) of the Internal
Revenue Code, to permit the Authority to assist in the refunding
of the 1982 Bonds provided that the proceeds of the Bonds are
used solely to refund and payoff the outstanding principal of the
1982 Bonds.
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 Purchaser; 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 therefore, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
- 1 -
I I II
3. 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 October 20, 1986
1986.
eah
r.idrb.c
- 2 -
- 24 -
Item II-G.1.a.2/3
RESOLUTIONS
INDUSTRIAL DEVELOPMENT
REVENUE BONDS
ITEM # 26214
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED Resolutions approving the issuance of Industrial Development
Revenue Bonds:
Haynes Furniture Company, Inc.
$6,630,000
$1,470,000
(Refunding)
Haynes Furniture Company, Inc.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E.
Harold Heischober, Barbara M. Henley, Mayor
Jones, Reba S. McClanan, John D. Moss and
Parker
Fentress,
Robert G.
Nancy K.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
John L. Perry
- 24a -
.,
Sm11>1ARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
Haynes Furniture Company~ Inc.
2. LOCATION:
5324 Virginia Beach Boulevard
Virginia Beach, Virginia 2346 2
3. DESCRIPTION OF PROJECT:
Exgansion and ~enbvation of facility'
for retail sale of home furnishings
and refunding of 1973 b'ond issui.
,
I
4. AMOUNT OF BOND ISSUE:
$8,100.000
5. PRINCIPALS:
I~nn~r~ R. Strelitz
6. ZONING CLASSIFICATION:
a. Pres~nt zoning
classification of the
Property
'.'
B-2
-
No ..L-
b. I~ rezoning proposed?
c. If so, to what zoning
classification?
Yes
5.
7.
8.
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: September 16, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Haynes Furniture Company, Inc.
TYPE OF FACILITY: Expansion and renovation of facility for
retail sales of home furnishing and refunding
of 1973 Bond issue
1.
Maximum amount of financing sought
$8,100,000
2.
Estimated taxable value of the
facility's real property to be
constructed in the municipality
$4,950,000
3.
Estimated real property tax per
year using present tax rates
$
39,600
4.
Estimated personal property tax
per year using present tax rates
17,736
$
Estimated merchants' capital
(business license) tax per
year using present tax rates
28,500
$
6.
Estimated dollar value per year
of goods and services that will
be purchased locally
$1,372,496
Estimated number of regular
employees on year round basis
108
Average annual salary per employee
$
16.640
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.
J ..
.-------J..
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Economic Impact Statement
1. Amount of investment
$ 7,100,000
2. Amount of industrial revenue bond
financing sought *
$ 8,100,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach
$ 4.950,000
4. Estimated real property tax per
year using present tax rate
$
$
39,600
17,736
5. Estimated personal property tax
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 108
B. Payroll generated $1,700.000 Av. Wage $16,640
c.
Number of jobs retained
370 **
D. I Payroll retained $S.306.210**Av. Wage $ 14,380**
E. Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc. ) :
~
Value
Vehicles
$587,996
$210,000
$538,500
$ 36,000
Tnvf>ntory
Machinf>ry/supplies
Proff'ssional services
$
F.
Estimated building permit fee
and other municipal fees
$5,370.00
* $1,470,000 Refunding of 1973 Bond Issue
** Figures given are for entire existing facility
,. .....
: '
..
2
G. Estimated construction payroll $1.000.000
H. Estimated value of construction
material to be purchased within
the City of Virginia Beach $2,000,000
I. Estimated number of
construction jobs ,0
J. Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project Confirm Virginia Beach as chief
operating headquarters for Company
7. Is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes
x
No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes No X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes
X
No
10. Location of project (attach location map) 5324 Virginia Beach
Rnll1pv~rrl, Vir~inia Beach. Virginia 23462
11. Explanation of alternative financing that has been
reviewed for project None
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
~.~.~.
: '
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3
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I (~
Subscribed and sworn to befOrt me this
5 -e PitIl.UIt ' 19 Q:It-. c\'
11
day of
My Commission Expires:
~:r.. a,<-:. L q f'"
I
;"..' .,.
, '
,.
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 20 day of October , 1986.
On motion by Councilman Fentress
and seconded by Councilman Heischober
ing Resolution was adopted.
, the follow-
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR HAYNES FURNITURE COMPANY, INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Haynes
Furniture Company, Inc. (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $8,100,000 (the Bonds) to assist in the financ-
ing of the Company's (a) construction and equipping of a
125,000 square foot addition to its Facility, as hereinafter
defined, (b) rehabilitating a 20,000 square foot portion of
the existing Facility and (c) refunding the outstanding
principal balance of the Authority's $3,000,000 industrial
development revenue bond issued to construct and equip the
existing Facility (the Prior Bond) located at 5324 Virginia
Beach Boulevard in the City of Virginia Beach, Virginia (the
Facility) and the existing Facility and the addition thereto
to be operated by the Company, and has held a public hearing
thereon on October 14, 1986: and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended:
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a
statement in the form prescribed by Section 15.1-1378.2 of
the Code of Virginia of 1950, as amended, have been filed
with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the financing of the
Facility and the refunding of the Prior Bond for the benefit
of the Company, to the extent of and as required by Section
103(k) of the Internal Revenue Code of 1954, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthi-
ness 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.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
October 20
Virginia, on , 1986.
2
,-------~
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prDJEC't ~:
-pRoJECt ADDRESS:
TYPE OF PROJEct:
J1ayr>eS J'Ul'Uit"re ec<nPanY. 1;nC.
5324 Virgilli-a ]\eaCh j\oU1evll"d
Vi"g:Lnia y,each. Vi'. 23462 . .
eons t:>:uction. "eb8hilitation an~ e<\Ul-ppiI\l\
of ."dstiI\l\ facility and "ej'undiI\l\ of 1973
'Bond is sue .
- 25 -
Item II-G.2
RESOLUTIONS
ITEM # 26215
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution to approve the amended Bylaws of the
Virginia Beach Community Development Corporation
regarding the Conflict of Interest provision
contained within.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 25a -
Requested by the Department of Housing and Community Development:
RESOLUTION TO APPROVE THE AMENDED
BYLAWS OF THE VIRGINIA BEACH
COMMUNITY DEVELOPMENT CORPORATION
REGARDING THE CONFLICT OF INTEREST
PROVISION CONTAINED HEREIN:
WHEREAS) on Novemb er 18) 1985) City Council passed a
Resolution to approve the bylaws of the Virginia Beach Community
Development Corporation (VBCDC).
WHEREAS, subsequent to the November 18) 1985 approval of the
bylaws by Council, which bylaws reference the state and federal
conflict of interest laws) Council passed a local conflict of
interest ordinance.
On May 14) 1986 and October 1, 1986) the
VBCDC Board of Directors voted unanimously to amend Article VIII)
Section 7 of the bylaws pertaining to conflict of interests to
require that the members and the Executive Director of the VBCDC
comply with the local ordinance; and
WHEREAS) in order for said amendment to the bylaws to be
effective, Article X of said bylaws provides that such amendments
shall be subject to approval by the City Council.
NOW) THEREFORE) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH) VIRGINIA:
T hat i the r e b yap pro v est he by 1 aw s 0 f the Vir gin i a Be a c h
Community Development Corporation as amended.
Said bylaws and
amendment are attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia) on this
20th
day of October, 1986
1986.
Approved As To Content:
Approved As To Form:
~s.$~ /6/;:1;-(
David S. ay, 'City Attorney
City Attorney's Office
October 20, 1986
BYLA~~ S
OF
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
ARTICLE I
NAME, OFFICE AND SEAL
"
Section 1. The name of the corporation shall be Virginia
Beach Community Development Corporation.
Section 2. The principal office of the corporation shal I be
located In the City of Virginia Beach, Virginia. The corporation
may also have offices at such other places within the State as
the Board of Directors may from time to time determine or as the
business of the corporation shal I have inscribed.
Section 3. The corporate seal of the corporation shal I have
Inscribed thereon the name of the corporation, the year of Its
Incorporation and the words "Corporate Seal" and Virginia Beach
Community Development Corporation.
ARTICLE II
PURPOSES
(a) To expand and improve opportunities for low and
moderate Income households in Virginia Beach,
both by preserving and renovating existing structures,
and by providing financial services, which shal I
Include making grants, granting loans, whether or not
secured, obtaining financing from others, and acting as
gu arantor on loans from others. The charges for such
housing and services shal I be on a non-profit basis.
(b) To cooperate with tedera I, state and I oca I agenc I es,
private organizations, and community groups In
-
developing programs designed to meet the needs of low
and moderate Income housing and to assist the residents
of Virginia Beach In the utilization of all available
, resources to meet their needs.
(c) The Corporation Is Irrevocably dedicated to, and
operated for, non-profit, charitable purposes within
the meaning of Section 501 (c) (3) of the Internal
Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue Law).
ARTICLE III
DIRECTORS
Section 1.
ManaQement.
The business and affairs of the
corporation shal I be managed by a Board of seven (7) directors.
Section 2.
Composition.
The Board s ha II be composed of
seven (7) dIrectors who shal I be appointed by the City Council of
the City of Virginia Beach.
The Board shall serve until theIr
appointed terms expire.
City Council may also appoint an
additional director, who shall be an ex-officio member with no
votIng powers.
2
"
3
ARTICLE IV
MEETINGS, NOTICE, QUORUM AND POWERS
"
.Sectlon 1. Meetings. Notice. Meetings of the Board of
Directors shal I be cal led by the President and may be held at the
office of the corporation or at such other place as may be
designated In the notice calling the meeting. At least six (6)
regular meetings must be held each year.
Special meetings of the Board of Directors may be cal led by
any two (2) officers or on the written request of a majority of
the directors. No other business but that specified In the
notice may be transacted at such special meeting without the
unanimous consent of all present at such meeting. Notice shall
be given to each director at least forty-eight hours before the
meeting at his/her residence or business address by delivering,
telephoning or telegraphing notice to him/her.
The annual meeting of the corporation shal I be held In June
of every year.
The Secretary/Treasurer sha II cause to be ma II ed to every
director In good standing at his/her address as It appears on the
membership rol I book of the corporation a notice stating the time
and place of all regular meetings at least seven (7) days prior
thereto.
Section 2. Waiver of Notice. Either before or after any
meeting of the Board of Directors, any director may, In writing,
waiver notice of such meeting and such waiver shall be deemed
4
equivalent to the giving of such notice. Attendance by a
director at any meeting of the Board shal I be a waiver by him/her
of not I ce of the t I me and p I ace thereof. I f a II the directors
are present . -t a~y meet I ng of the Board, no not i ce sha II be
required and any business may be transacted at such meeting.
Section 3,a" Quorum. At all meetings of the Board of
Directors, five (5) members of the Board of Directors shall be
present to constitute a quorum for the transaction of business,
and the acts of five (5) of the directors present at a meeting at
which a quorum Is present shall be the acts of the Board except
as otherwise provided by law or within these bylaws. If at any
meeting of the Board of Directors there be less than a quorum
present, the majority of those present may adjourn the meeting to
a fixed time and place, and notice of the rescheduled meeting
shal I be required.
See t Ion 4. G en era I Power s . The Bo a r d 0 f D Ire c tor s s h a I I
elect a President, Vice-President, a Secretary/Treasurer, and al I
officers of the corporation. In addition to the powers and
authorities expressly conferred upon them by these bylaws, the
Board may exercise all powers of the corporation and may do all
such acts and things as are not by statute or by these bylaws
prohibited.
Section 5. Action of the Board. Unless otherwise required
by law, an affirmative vote of five (5) of the directors present
at the time of the vote, If a quorum Is present at such time
5
shall be the act of the Board.
Each d I rector sha II have one
vote.
Section 6. Consent. If a majority of the directors shall
severally or collectively consent In writing to any action to be
taken by the corporation, such action shal I be a valid corporate
action upon ratification of the Board of Directors.
Section 7. Freedom of Information. The corporation shall
comply with the Virginia Freedom of Information Act as referenced
In Sec. 2.1-340 ~ ~ of the Code of Virginia.
ARTICLE V
OFFICERS
Section 1. Number. The executive officers of the
corporation shall be a President, a Vice-President, a
Secretary/Treasurer, al I of whom shal I be elected by the Board of
Directors. Any two of these officers, except those of President
and Secretary/Treasurer may be filled by the same person. It
shall be necessary for all officers to be directors of the
corporation.
Section 2. Nomination. The President, at least thirty days
prior to the annual meeting, shal I appoint a Nominating Committee
composed of three (3) directors to prepare a slate of candidates
of directors and officers. Directors may make other nominations
from the floor at the annual meeting provided the Board Is
6
furnished with a written statement of the nominee as to his/her
wil I Ingness to serve.
Section 3.
Election.
The election of officers shall take
place at the annual meeting of the Board of Directors.
Section 4.
-
Term and Remova I.
The officers of the
corporation shall hold office until their respective successors
are chosen and have qualified. Any officer elected by the Board
of Directors may be removed by the Board of Directors whenever,
In Its Judgement, the best Interests of the corporation will be
served thereby. If the office of any officer shall become vacant
for . any rea son, the v a can c y s h a I I b e f I I led b y the Bo a r d 0 f
Directors for the balance of the unexpired term.
AI I agents and employees, other than officers elected by the
Board of directors, shall hold office or employment at the
discretion of the Board of Directors.
ARTICLE VI
DUTIES OF OFFICERS
Section 1.
President.
The President of the corporation
shall preside at all meetings of the Board and such meetings as
may bed e s I g n ate d b Y the Bo a r d 0 f D Ire c tor san d s h a I I fur the r
discharge such functions as are ordinarily discharged by the
President of the corporation.
He/she shall have such other
duties as may be directed by the Board of Directors.
7
"
Section 2. Vice President. The Vice President shal I assume
the duties of the President of the corporation In the absence of
the President.
Section 3. Secretary/Treasurer. The Secretary/Treasurer
shal I keep the minutes of al I meetings. He/she shal I have
custody of the seal of the corporation and affix to such
documents as requ I re attestation; he/she shal I have charge of
such of the books and papers as the Board of Directors may
direct, all of which shall, at all reasonable times, be open to
the examination of any director, upon reasonable notice to the
Secretary/Treasurer; and he/she shall, In general, perform all
the duties Incident to the office of Secretary/Treasurer. He/she
shall give notice as required by law or the bylaws of this
corporation, of al I meetings of the Board of Directors.
The Secretary/Treasurer shal I have custody of the
corporation's funds and securities and shall keep full and
accurate accounts of receipts and disbursements In books
belonging to the corporation. He/she shall deposit all monies
and other valuable effects In the name and to the credit of the
corporation In such depositories as may be designated.
ARTICLE VII
COMMITTEES
Section 1. Appointment of Committees. The Board of.
Directors shall establ Ish and appoint such standing and other
8
committees as may be required from time to time. The duties and
scope of committees shal I be defined by the Board.
Such
commltte~s shall be composed of one member of the Corporation to
be an advisory person; however, this shall not preclude service
on committees by nonmembers of the Corporation.
ARTICLE VI I I
MISCELLANEOUS PROVISIONS
Sect I on 1..
,
Execution of Papers.
Except as the Board of
Directors may generally or In particular cases authorize, all
deeds, leases, transfers, contracts, bonds, notes, checks,
drafts, and other obi Igatlons made, accepted and endorsed by the
corporation shall be signed by the Executive Director, and by
either the President, Vice President, or Secretary/Treasurer,
unless otherwise authorized or designated by the vote of the
Board of Directors.
Section 2. fiscal Year.
The fiscal year of the corporation
\
shal I end each June 30th.
Section 3.
Deposits.
AI I funds of the corporation not
otherwise employed shall be deposited from time to time to the
credit of the corporation in such federally insured Institutions
as banks, savings and loan associations, trust companies or other
depositories as the Board may from time to time select or as may
be selected by any officer or employee of the corporation to whom
such power may from time to time be delegated by the Board; and
9
for the purpose of such deposit, any officer, or any employee to
whom such power may be delegated by the Board, may endorse,
ass I gn and de II ver checks, drafts and other orders for the
payment of money which are payable to the order of the
corporation.
Section 4. ,Acceptance of Gifts, Donations, etc.
No gift,
donation, bequest or subscription to the corporation shall be
deemed to have been accepted until acted upon affirmatively by
the Board of Directors.
Section 5.
Administrator (Executive Director).
An
Administrator shall be selected by the Board of Directors and
shall perform the duties designated by the Board of Directors.
!
He/she shal I be responsible for the everyday and timely direction
of the affairs of the corporation and with measures for the
accomplishment of Its purposes; recommend to the Board of
Directors such proposals and matters as he/she may deem necessary
or desirable; advise, cooperate with, and furnish Information and
assistance to all committees for the organization. The
Administrator shall be an ex-officio member for all committees,
with all rights and privileges except voting.
Section 6.
Robert's' Rules of Order. When questions arise
about the meeting order, the latest edition of "A Handbook of
Parliamentary Procedure", which Is attached, will govern the
procedure to be followed.
10
'.
Section 7. Conflict of Interest. In the procurement of
supplies, equipment, construction and services, the provisions of
Section 570.611 of TItle 24 Code of Federal Regulations and the
Virginia Comprehensive Conflict of Interest Act contained in
Chapter 40 of Title 2.1 of the Code of virginia shall apply.
Such cases Include the acquisition and disposition of real
property and the provision of assistance by the recipient, by Its
subreclplents, or to Individuals, businesses and other private
entities underel Iglble activities which authorize such
assistance. The members of the Virginia Beach Community
Development Corporation and the Executive Director shall comply
with the "Ordinance Establishing a Conflict of Interest Ordinance
for the City of Virginia Beach, Virginia; Requiring certain
disclosures and providing for the enforcement thereof;
establishing penalties for violations".
Section 8. Compensation. No director or officer of the
corporation shal I be compensated for services rendered to the
corporation. This In no way prohibits said directors or officers
from being reimbursed for bonafide expenses in accordance with
the Virginia Beach City Code.
ARTICLE IX
INDEMNIFICATION
Every person now or hereafter a Director or officer of the
corporation (and his/her heirs, executors, and administrators)
1 1
"
"
sha II be I ndemn I fled by the corporation agal nst all costs and
expenses, Including all attorney's fees, Imposed upon or
reasonable Incurred by him/her In connection with or resulting
from any action, .sult, proceeding or claim to which he/she Is or
may be made a party by reason of his/her being or having been a
Director or officer of the corporation (whether or not a Director
or officer at the time such costs or expenses are Incurred by or
Imposed upon him/her) except In relation to matters as of which
he/she .shall have finally been adjudged In such action, suit or
proceed I ng to be II ab I e for gross neg II gence or will fu I
misconduct In the performance of his/her duties as such Director
or officer. Such right of Indemnification shall not be deemed
exclusive or any right to which he may be entitled under any
other bylaw, agreement, or otherwise.
ARTICLE X
AMENDMENTS
These bylaws may be altered, amended or replaced at any
regular or special meeting of the Board of Directors by the vote
of a majority of the directors In office at such meeting; but no
alteration, amendment or repeal shall be made at a special
meeting unless the notice of such meeting shal I specify the
proposed alteration, amendment or repeal as the purpose or one of
the purposes of such meeting. Such amendments to these bylaws
shal I be subject to approval by the City Councl I.
12
- 26 -
Item II-H.
CONSENT AGENDA
ITEM # 26216
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City
Council APPROVED in ONE MOTION Items 2, 4, 5 and 6 of the CONSENT AGENDA.
Items 1 and 3 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, * Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman John D. Moss VERBALLY ABSTAINED on Item II-H.2
- 27 -
Item II-H. 1
CONSENT AGENDA
ITEM # 26217
Robert Loher, Director of Permits and Inspections, advised the Building
Maintenance Code supersedes the Virginia Beach Minimum House Code and will
replace it with a code that equals or surpasses its standards in all pertinent
categories. Mr. Loher briefly summarized each of the changes.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of October 27, 1986:
Ordinances to AMEND and REORDAIN/ or REPEAL certain sections of the
Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS,
DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM
STATEWIDE BUILDING CODE:
AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the
Department of Permits and Inspections;
REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94,
8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132 and 8-133 - Board of
Building Code Appeals;
AMEND and REORDAIN Section 8-26 - Uniform Statewide Building
Code;
AMEND and REORDAIN Section 8-27 - Violations of the Uniform
Statewide Building Code;
AMEND and REORDAIN Section 8-28 - Penalties for Violation of
the Uniform Statewide Building Code;
AMEND and REORDAIN Section 8-69 - Board of Building Code
Appeals;
AMEND and REORDAIN Section 8-70 - Qualifications of Members of
the Board of Building Code Appeals;
AMEND and REORDAIN Section 8-71 - Removal of Members of the
Board of Building Code Appeals;
AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building
Code of Appeals;
AMEND and REORDAIN Section 8-75 - Appeals Generally;
AMEND and REORDAIN Section 8-158 - Revocation of Certificates
of Competency of Plumbers;
AMEND and REORDAIN Section 8-198 - Suspension or Revocation of
Certificates of Competency of Electricians;
AMEND and REORDAIN Section 16-1 - Designation of the Housing
and Property Maintenance Code;
AMEND and REORDAIN Section 16-2 - Deleting the Definition of
the term "Board";
AMEND and REORDAIN Section 16-3 - Purpose of the Housing and
Property Maintenance Code;
ADD Section 16- 3.1 - Adoption of Volume Two of the Uniform
Statewide Building Code;
- 28 -
Item II-H. 1
CONSENT AGENDA
ITEM # 26217 (Continued)
REPEAL Sections 16-4, 16-9,16-12,16-13,16-14,16-15,16-16,
Articles II, III, IV, V and VI Housing and Property
Maintenance;
AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the
Housing and Property Maintenance Code;
AMEND and REORDAIN Section 16-10 - Local Planning Authority
Inspections;
AMEND and REORDAIN Section 16-11 - Violations of the Housing
and Property Maintenance Code.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item II-H.2.
CONSENT AGENDA
ITEM # 26218
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
license agreement between the City of Virginia
Beach and the United States Government for a
Satellite Highway Maintenance Yard.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss*
Council Members Absent:
None
*Verbal Vote
*Councilman Moss requested a change of his Vote from AYE to ABSTAIN as he wishes to
ABSTAIN until he receives an interpretation of the term "Agency".
- 29a -
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U
A ORDINANCE AUTHORIZING
THE CITY MANAGER TO
EXECUTE A LICENSE
AGREEMENT BETWEEN THE
CITY OF VIRGINIA BEACH,
VIRGINIA AND THE UNITED
STATES GOVERNMENT FOR A
SATELLITE HIGHWAY
MAINTENANCE YARD
I-
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WHEREAS, the City of Virginia Beach desires to locate a
satellite highway maintenance yard at the intersection of Oceana
Boulevard and Southern Boulevard; and
WHEREAS, the property at said location is owned by the
United States Government; and
WHEREAS, the U. S. Government agrees to grant a license
to the City of Virginia Beach for the use of said property for a
period of five (5) years commencing August 1, 1985 and ending
July 31, 1990; and
WHEREAS, the City Council agrees that the City should
license the property:
THEREFORE, be it resolved by the Council of the City of
Virginia Beach, Virginia;
1. THAT the attached license agreement is hereby
approved (Exhibit A).
2. THAT, the City Manager is authorized and directed
to execute the license agreement between the City of Virginia
Beach and the United States Government for the location of a
satellite highway maintenance yard at the intersection of Oceana
Boulevard and Southern Boulevard.
Adopted by the Council of the City of Virginia Beach on
the 20th day of
October
, 1986.
CLL/tap
10/13/86
DF-0986-01202
(satelite.ord)
October 20, 1986
_ 29"0 -
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- 30 -
Item II-H. 3.
CONSENT AGENDA
ITEM # 26219
The City Clerk referenced a letter from Mrs. William Grady, Jr., in OPPOSITION.
Said letter was dictated by telephone. (The aforementioned letter is here by
made a part of the record).
Donald Trueblood, City Engineer, responded to Council's inquires and advised
said Ordinance would not affect Mrs. Grady's property.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of October, 27, 1986:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for intersection of Old
Great Neck Road and Reagan Avenue and the
acquisition of temporary and permanent easements of
right-of-way, either by agreement or by
condemnation.
This DEFERRAL will enable the City Manager or City Attorney to verify in
writing that the aforementioned Ordinance will not affect Mrs. William Grady's
property.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, * Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 31 -
Item II-H.4.
CONSENT AGENDA
ITEM # 26220
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City
Council ADOPTED:
Ordinance to authorize the acquisition of real
property, easements, either by agreement or by
condemnation, for Princess Anne Road Sewer
Extension (CIP 6-965).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Public Utilities
- 31a -
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT
OR BY CONDEMNATION, FOR PRINCESS ANNE ROAD SEWER EXTENSION
CIP 6-965
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
a public necessity exists for the expansion of this important project and for
public purposes for the preservation of the safety, health, peace, good order,
comfort, convenience, morals 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 ~ 15.1-236 et seq. and ~ 25-46.1
~ seq., Code of Virginia of 1950, as amended, all the real property, permanent
easements, temporary construction easements as needed, in fee simple, as shown on
that plan entitled:
"PROPOSED CONSTRUCTION OF PRINCESS ANNE ROAD SEWER EXTENSION, CIP 6-965,
G. F. SUTTON AND ASSOCIATES, Engineers and Surveyors, Virginia Beach, Virginia,"
these plans being on file in the Department of Public Utilities, Municipal Center,
City of Virginia Beach, Virginia.
Section 2. The City Attorney is hereby authorized to make, or cause
to be made, on behalf of the City of Virginia Beach, a reasonable offer to
owners or persons having an interest in said lands; if refused, the City
Attorney is hereby authorized to institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 20th day of
October
, 1 9 86.
APPROVED AS TO CONTENTS
FORM
--.........
PR~rg (9/15/86)
October 20, 1986
31b -
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October 20,1 986
- 32 -
Item II-I. 5.
CONSENT AGENDA
ITEM # 26221
Upon motion by Vice Mayor Oberndorf, secondded by Councilwoman
McClanan, City Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate grants in the
amount of $30,429 from the Southeastern Virginia
Areawide Model Program (SEVAMP) to the Department
of Mental Health and Mental Retardation, Health
Department for Health Education and Screening,
Department of Parks and Recreation for
Transportation, and Nutritional Program.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 32a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANTS FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMP)
WHEREAS, the city of Virginia Beach has determined a need to continue to provide health
elated services to its elderly population, and
WHEREAS, the Federal Government, through the Older Americans Act, makes funds available
hrough the Southeastern Virginia Areawide Model Program, Inc. (SEVAMP) for such programs, and
WHEREAS, the Department of Parks and Recreation has agreed to assume the transportation
: 'esponsibilities for the nutritional program at the Seatack Center, and
WHEREAS, the Department of Health has determined a need to continue the SEVAMP Home Heal:.:"
Iurse project for health education and screening, and
WHEREAS, the Department of Mental Health and Mental Retardation (MH/MR) has determine the
leed to provide homemaker and personal care through Community Mental Health, and
WHEREAS, SEVAMP Senior Services has awarded the Department of Health $44,350, the Depart-
lent of MH/MR $30,429, and the Department of Parks and Recreation $10,040 to provide their abOVE
"espective services. and
WHEREAS. City Council has already included the amounts for operation of the Health service:
Lnd the Parks and Recreation services and has included $55,191 in estimated revenue from SEVAMP
.n the FY 1986-1987 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA tha:.
~he City Manager be authorized and directed to accept the grants for the city and that funds in
:he amount of $30.429 be appropriated to the Department of Mental Health and Mental Retardation
lnd that estimated revenue from SEVAMP be increased by a like amount.
BE IT FURTHER ORDAINED that personnel positions as necessary are hereby authorized for th~
luration of the grants to be paid from the grants with classes of the employees to be determine<
>y the City Manager.
This ordinance shall be in effect from the date of its adoption.
?IRST READING:
October 20, 1986
iECOND READING:
Adopted by the Council of the City of Virginia Beach. Virginia on the
day of
- 33 -
Item II-H.6.
CONSENT AGENDA
ITEM # 26222
Upon motion by Vice Mayor Oberndorf, seconded by Councilwman McClanan, City Council
ADOPTED:
Ordinance to transfer funds in the amount of
$90,061 within the 1986-87 operating budget for the
Public Works Department to improve sidewalks along
Atlantic Avenue.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 33a -
AN ORDINANCE TO TRANSFER FUNDS
IN THE AMOUNT OF $90,061 WITHIN THE
1986-87 OPERATING BUDGET FOR THE PUBLIC
WORKS DEPARTMENT TO IMPROVE SIDEWALKS
ALONG ATLANTIC AVENUE
WHEREAS, the City of Virginia Beach desires to improve the Resort
Area and further improve pedestrian access and appearance along Atlantic Avenue,
and
WHEREAS, the City of Virginia Beach desires to further improve the
handicapped accessability along Atlantic Avenue, and
WHEREAS, funds in the amount of $90,061 are necessary to provide
the improvements in order to provide handicapped persons accessibility along
Atlantic Avenue.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $90,061 in the 1986-87.
Operating Budget are to be transferred within the Department of Public Work's
Operating Budget to fund sidewalk improvements and increase handicapped person
accessibility along Atlantic Avenue.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
20th
day of October
, 1986.
the
CAC/I0RDI7.WCK
October 20, 1986
- 33b -
9/24/86
ATLANTIC AVENUE (WEST SIDE)
From 6th Street to 44th Street
1. Handicap Ramp - 6th Street - S.W. Corner.
2. " "6th Street - N.W. Corner
3. " "Ocean Lake Motel - S.W. Corner
4 . " " " If " - N. W. Corner
5. If If 7th Street - S.W. Corner
6. " " "" N.W. Corner
7. Sidewalk (20'x50') - 702 Atlantic Avenue
8. Handicap Ramp - 9th Street - S.W. Corner
9. " " " " - N. W. Corner
10. " "10th Street - N.W. Corner
11. " "11th" - N.W. Corner
12. Sidewalk (5'x5') - South Beach Gift Shop
13. Entrance (25'x5') - Raven Restaurant
14. Handicap Ramp - 13th Street - N.W. Corner
15. Sidewalk (5'x5') - Golden Sands Motel
16. Handicap Ramp - 16th Street - West side.
17. Sidewalk (10'x50') Wax Museum
18. Handicap Ramp - 17th Street - S.W. Corner
19. Sidewalk (120'x12') - Puritan Restaurant
20. " (5' x5' ) Memory Lane Photos
21. " (13'x4') 1714 Atlantic Avenue
22. " (5'x5') 18th St. at Lemon Tree
23. Handicap Ramp - 18th Street - West Side
24. Sidewalk (225'x14') - 18th Street to 18~ Street
25. " (34'x6') - Scandals at 18~ Street
26. Sidewalk (5'x12') - Price King at 18~ Street
27. " (336'x13') - 19th Street to 20th Street
28. Handicap Ramp - 20th Street - S.W. Corner
29. " " " " - N.W. Corner
30. Sidewalk (336'x13') - 21st Street to 22nd Street
31. " (4'x4') 2206 Atlantic Avenue
32. " (5'x5') In front of Ocean Fries - 23rd Street
33. Handicap Ramp - 24th Street - N.W. Corner
34. Sidewalk (18'x51) - In front of Old Coast Guard Bldg.
35. " (15'x5') - 24l2-B Atlantic Ave.
36. " (246'x12') - 25th Street, Milton's
37. Handicap Ramp - 26th Street - West Side
38. Sidewalk (12'x5') - In front of Park Place - 26th Street
39. Handicap Ramp - 27th Street - west side
40. Sidewalk (15'x5') - in front of Viking Motel
41. Entrance - 27th Street - Viking Motel
42. Sidewalk (4'x4') - in front of Plantation Motel
43. Handicap Ramp - 30th Street - by Fathoms Restaurant
44. " " " " - N.W. Corner
45. Entrance - 30~ Street (22~'xlO')
46. Sidewalk (10'x8') - Beach Jewelry
47. Sidewalk (10'x8') - Pancake Palace
48. Handicap Ramp - 31st Street - S.W. Corner
49. " "- N.W. Corner
50. Entrance (10'x5') - Exxon Station - south entrance
October 20, 1986
- 33c -
9/24/86
ATLANTIC AVENUE (WEST SIDE) (Continued)
51. Entrance (ll'xll') - Exxon Station
52. II (lO'xll') II II
53. II (12'x8') - North end Exxon Station
54. II (10'x5') - Ocean House Motel - South end
55. II (20'x5') Seafood Harbor Restaurant
56. II (18'xlO') Seafood Harbor REstaurant
57. Sidewalk (3'x9') - Pole #ME-37
58. Entrance (10'x5') - Peter Pan Cakes
59. Handicap Ramp - 33rd Street - S.W. Corner
60. Sidewalk (8'x5') - Laza Shirts
61. Handicap Ramp - 33rd Street - N.W. Corner
62. Sidewalk (5'x5') - 40' north of 34th Street
63. II (5'x8' )(5Ix4') - Mayflower sidewalk entrances.
64. Handicap Ramp - 35th Street - S.W. Corner
65. II II II " - N. W. Corner
66. Sidewalk (18'x5') - 3504 Atlantic Avenue
67. Entrance (15'x9') - 35~ Street
68. II (9'x9') - Royal Clipper Motel (south entrance)
69. Handicap Ramp - 36th Street - N.W. Corner
70. Sidewalk (6'x5' )(8'x5' )35'x5') between 37th Street & 37~ Street
71. Entrance (25'x6') - 37~ Street
72. Sidewalk (70'x4') = South of 37~ Street
73. Handicap Ramp - 40th Street - S.W. Corner
74. II II " " - N.W. Corner
75. Sidewalk (85'x4') - 75' south of Cavalier pedestrian light.
76. Sidewalk (51'x4') - at Cavalier pedestrian light.
77. Sidewalk (30~x4')- 75' south of 42nd Street
78. Handicap Ramp - 42nd Street - S.W. Corner
79. Curb & Gutter (between 5th & 6th Streets) - 50ft.
80. Curb & Gutter (13th Street) - 50 ft.
October 20, 1986
~ I....
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
34.
'35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
- 33 d -
ATLANTIC AVENUE - EAST SIDE
2nd Street to 44th Street
Sidewalk (10'x4') - Between (2) entrances at Lighthouse Restaurant
Handicap Ramp - 3rd Street S.E. Corner
" " 3rd Street N.E. Corner
" " at CG-9D Dolphin Run Motel
" " at CG-9D -" " "N.E. Corner
Sidewalk (10'x5') at catch basin in front of Dolphin Run
Handicap Ramp - 4th Street S.E. Corner
" "" " N.E. "
" "" " 20' south of S.E. Corner
Sidewalk (5'x3') -5th Street S.E. Corner
Handicap Ramp - 6th Street N.E. Corner
" "- Laverne's Restaurant (Replace)
Sidewalk (5'x4') - in front of Laverne's Restaurant
" ( 10' x4' ) - "" " "
" (5'x4') - By entrance to " "
Handicap Ramp - 8th Street S.E. Corner
Sidewalk - (11.5'x18') Barclay Farms
Handicap Ramp - 10th Street S.E. Corner
II " II .. N.E. ..
Sidewalk (6'x14') - in front of Holiday Sands
Handicap Ramp - 11th Street S.E. Corner
Sidewalk (4'x4') - in front of Best Western
" (10"X4') - 10' south of 12th Street
Handicap Ramp - 12th Street S.E. Corner
" .. .. .1 N.E. ..
" " - 13th Street S.E. Corner
II .. '1 .. N.E. ..
Sidewalk (J5'x4') in front of Virginia Beach Pier
" (20' x5') - in front of Mdonalds
" (6lx6') - 25' south of 14th Street
Handicap Ramp - 16th Street East side of Atlantic Avenue
Sidewalk (5'x8') - in front of Wind Jammer - 19th Street
" (5'xlO') - 19th Street in front of Dairy Queen
" (5'x5') - Entrance to Aquarius 19th Street
Curb & Gutter (20') Close entrance south of 20th Street
Sidewalk (63'x8') - in front of Saxony Hotel
Handicap Ramp - 21st Street and side
Sidewalk (5'x9') - in front of Triton Towers 22~ Street
" (30'xlO') - 2301 Atlantic Avenue (Waves Motel)
" ( 15' x6') - " " "
Handicap RAmp - 26th Street - east side of Atlantic Avenue
Sidewalk (5'x5') - in front of Avamere Motel 26th Street
Handicap Ramp - 28th Street - east side of Atlantic Avenue
Sidewalk (5'x3') in front of McDonalds 28th Street
Entrance (20'xlO') between 30th to 31st Street
Sidewalk (8'x7') - at 29th Street
" (28'x8') - in front of Oceanfront Inn - 29~ Street
" (5'x4') - 19' south of pole #74-A
" (8'xlO' )(8'xlO' )(8'xlO') in front of Seaside Park
October 20, 1986
- 33 e -
9/24/86
ATLANTIC AVENUE - EAST SIDE (Sheet 2)
2nd Street to 44th Street
50. A. Entrance (16'x7.5') south entrance to Diplomat
B. " (15.5x7.5) north" " ..
C. Sidewalk (5'x4') at Pole #78-B
51. Handicap Ramp - 34th Street S.E. Corner
52. A. Sidewalk (8.5'x4.5') - 8' north of south entrance Thunderbird
B. " (4' x4) - by pole #8lB guy wire
C. Entrance (30'x7') north entrance Thunderbird Motel
D. Sidewalk (9.5'x4') - north side of entrance Thunderbird
53. A. Handicap Ramp - 35th Street S.E. Corner
B. II 'f II 11 N.E. II
C. Sidewalk (5.5'x7.5') - 40' north of 35th Street
D. " (7'x7.5') - South side of Sheraton entrance
E. " (7.5'x5') - 50' north of II "
54. A. Handicap Ramp - 36th Street S.E. Corner
B. II II " '1 N.E. I'
55. " "37th" S.E. II
56. II 'I " II N.E. II
57. .. II 38th II S.E. II
58. II II .1 'I N.E. .1
59. Sidewalks (12'x4') at 3800 Condos
60. (6'x5') by Pole #89
61. (11.5'x7') 20' north of 39th Street
62. (8.5' x7') Pole #90-A
63. (10'x7') - 45' north of pole #90-A
64. (6'x5') - 39~ Street
65. A. (8.5'x4') at south entrance Merrill-Lynch
B. (8.5'x4') at north side of entrance
66. Entrance (25'x7') north entrance to Merrill-Lynch
A. Sidewalk (14'x4') south of north entrance
B. II (4'x4') north side of north entrance
67. Handicap ramp - 42nd Street N.E. Corner
68. Sidewalk (4'x4') - 20' north of pole #KN-06
69. II (4'x4') - at Pole #KN-04
70. Handicap Ramp - 43rd Street S.E.Corner
71. I' II I' II N.E. 'I
72. Sidewalk (30'x4.5') - 43~ Street southsi
73. II (8'x4.5') - 50' north of 43~ Street
October 20, 1986
- 34 -
Item 11-1.1
APPOINTMENTS
ITEM # 26223
Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the
VIRGINIA BEACH ARTS CENTER:
BOARD OF TRUSTEES/EXECUTIVE COMMITTEE
P. Thomas Cantrell
Louise Lowenthal
Two Year Terms
November 1, 1986 to October 31, 1988
Ruth Laakso
Ernest Lendman
Three Year Terms
November 1, 1986 to October 31, 1989
David M. Grochmal
City Council Liaison
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item II-I. 2.
APPOINTMENTS
ITEM # 26224
Upon NOMINATION by Councilman Baum, City Council APPOINTED to the VIRGINIA
BEACH 1986 BOND REFERENDA COMMITTEE:
William A. Schlimgen
Representing Chamber of Commerce
Rae H. LaSesne
Representing Council of Civic Organizations
G. Garland Payne
Reresenting Parks & Recreation Commission
John A. Fahey
Representing Virginia Beach School Board
R. Bradshaw Pulley
Citizen-At-Large
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 36 -
Item II-J. 3.
APPOINTMENTS
ITEM # 26225
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the BOARD
OF PLUMBING AND MECHANICAL APPEALS:
Oscar E. Northen, Jr.,
Two Year Term
November 1, 1986 to December 31, 1988
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
II
- 37 -
1 II-I. 4
lu'.t'UINTMENTS
ITEM # 26226
Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED to THE
TRANSPORTATION SAFETY COMMISSION:
G. Dwight Blankenbaker
Walter Royal
Three Year Terms
November 1, 1986 to October 31, 1989
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
II
- .38 -
Item II-J.1.
NEW BUSINESS
INTERIM FINANCIAL STATEMENTS -
July 1, 1985 through ITEM # 26227
June .30, 1986.
Giles Dodd, Assistant City Manager for Administration, presented the INTERIM
FINANCIAL STATEMENTS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, for the Period
July 1, 1985 through June 30, 1986. (Copy of same is hereby made a part of the
record. )
Giles Dodd referenced Exhibit A and advised the General Fund Revenues for
Fiscal 1986 totaled $27.3,142,92.3. This report is the final Interim Report of
June .30, 1986. Revenues in every major category in Fiscal 1986 were equal to or
exceeded the Budget Estimates with the exception of "Fines and Forfeitures" and
the Category enti tled "Other" which includes Charges for Services,
Miscellaneous Revenue, Revenue from the Federal Government, Non-Revenue
Receipts and Transfers from Other Funds. "Fines and Forfeitures" were 7.6%
under the amount of the Budget estimate and the "Other" Category was exactly
10% under the Budget Estimate.
Actual Revenues exceeded Estimates by approximately $2-MILLION. There has been
a growth in Fiscal Revenues for Fiscal 1986 of 11.4%. Growth rates in Fiscal
1985 were indicated at 15-1/2%. However, Revenues from Property Taxes grew at
a 14-1/2% rate in Fiscal 1986.
n~+~ho~?n 10Rh
II
- 39 -
Item II-K. 2
NEW BUSINESS
ITEM # 26228
ADD-ON
Steven H. Davidson, the application, represented himself, and advised his home
is located in the middle of the proposed realignment of Princess Anne Road.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
will RECONSIDER at the City Council Meeting of November 17, 1986, a condition
of an Ordinance upon application of STEVEN H. DAVIDSON for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
proeprty located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
This Ordinance was ADOPTED on October 14, 1985.
The following condition will be RECONSIDERED:
1. A reservation of right-of-way thru this parcel to
provide for an ultimate 94-foot right-of-way for
Princess Anne Road Relocated in accordance with the
Master Street and Highway Plan and the "Princess
Anne Road a t Pungo Ferry Road" preliminary
alignment on file in the City Engineer's Office.
Ci ty Council authorized a Temporary Occupancy Permit from the Department of
Permits and Inspections to allow Mr. Davidson to occupy his new home in the
interim.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
\'
- 40 -
Item II-L. 1
ADJOURNMENT ITEM # 26229
Upon motion by Councilman Moss, and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:55 P.M.
/~~ . <--//
(_.0.t:H-~ C~ rlf-u4J
Beverly . Hooks
Chief Deputy City Clerk
~~~
uth Hodge Smith, CMC
City Clerk
City of Virginia Beach
Virginia