HomeMy WebLinkAboutDECEMBER 16, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cny COUNCIL
MAYOR HAROLD HEISCHORER. At
VICE-MA YOR REBA S. MCLANAN, P.-.. A- B-oh
JORNA. BAVU. Bi.@@ B-gh
NANCY A. CREECH A, L-v
ROBFRT E. @, V@9- B-A B-gA
U?BARA M. RENLEY. P..p B-gh
JA rK JENNINGS. JR.. L@ B-gh
)UIS R. JONES, By@ B-gh
)BERT G. JOARES, At L-9.
J. HENRY MCOY. JR., K-P.@ B-gh
MEYERA E. OBERNDORF. At L-g.
t8l CRIY HALL BURLDIVG
RUTH HODGES SMNW. CMC, City Cl-k CITY COUNCIL AGENDA MUNICIPAL C@
VIRGINIA WACH. VIRCRNIA W4".m
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December 16, 1985
Virginia Beach City Council
BRIEFING Tidewater Regional Transportation District 10:00 AM
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 11:00 AM
A. CALL TO ORDER - Mayor Harold Heischob6r
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Rabbi Israel Zoherman
Reform Jewish Congregation
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve tbe Minutes of December 9, 1985
G. PRESENTATIONS
1. City Employee HALL OF FAME
a. C. Mac Rawls
b. Cecil B. Leary, Jr.
C. Deborab V. McBride
d. David C. Sullivan
H. PROCLAMATION
1. Drunk and Drugged Driving Awareness Week
December 15-21, 1985
I. PLANNING
I . FINAL CLOSURE: Ordinance closing, vacating and
discontinuing a portion of Ranger Street in the petition of
Roland R. and Virginia L. Copeland (Kempsville Borougb).
This item was deferred @May 20, September 16 and December 9,
1985.
2. Applications of II Memory Bank Inc. for changes of zoning
on tbe North side of Old Dam Neck Road and East of Dyer
@Zoad (Princess Anne Borough):
From AG-1 Agricultural District to R-6 Residential District
on a 73.1 acre parcel.
AND,
From AG-2 Agricultural District to R-6 Residential District
on an 84.1 acre parcel;
Recommendation: NONE, Due to Tie Vote
AND,
Application of James A. Beasley, Jr. for a change of zoning
from AC-2 Agricultural District to R-6 Residential District
on a 38.14 acre parcel locat:ed at the Southwest corner of
Dam Neck Road and Dwyer Road (Princess Anne Borough).
Recommendation: NONE, Due to Tie Vote
3. Applications of Oglesby-Arnhold Realty Ltd. for a changes
of zoning (Princess Anne Borough):
From R-5 Residential District to PD-H2 Planned Unit
Development District on 117.9 acre parcels located on th('-
North and South sides of Holland Road, 310 feet more or
less East of Delft Drive;
AND, Parcels along North Landing and Princess Anne Roads:
From AG-1 Agricultural District to R-5 Residential District
on a 3.4 acre parcel;
AND,
From AC-2 Agricultural District to R-5 Residential District
on an 11.3 acre parcel;
Recommendation: APPROVAL
AND,
From AG-1 Agricultural District to B-1 Business-Residential
District on a 17,424 square foot parcel;
AND,
From AG-2 Agricultural District to B-1 Business-Residential
District on a 3.9 acre parcel
Recommendation: DENIAL
4. Applications of Service Merchandise Company, Inc. d/b/a Mr.
How Warehouse on a 12.35 acre parcel located at the
Southeast corner of Virginia Beach Boulevard and I(ellam
Road (Rayside Borough):
Change of zoning from B-3 Central-Business District to B-2
Community-Business Distrct
AND,
Conditional use permit for outdoor storage
Recommendation: DENIAL
5. City of Virginia Beach requests Ordinances to amend and
reordain the Comprehensive Zoning Ordinance:
Article 1, Section Ill pertaining to definitions of
communication towers and satellite dish antenna;
Article 2, ADDING Section 227.5 pertaing to communications
towers and DELETING Section 235 pertaining to television
and line-of-sight relay devices.
Article 2, ADDING Section 270 pertaining to satellite dish
antennas;
Article 3, Section 301(c) pertaining to communication
towers;
Article 4, Section 401(c) pertaining to communication
towers;
Article 5, Section 501(c) pertaining to communication
towers;
Article 6, Section 601(c) pertaining to communication
towers;
Article 8, Section 801(c) pertaining to communication
towers;
Article 9, Section 910(c) pertaining to communication
towers;
Article 10, Section 1001(c) and 1011(c) pertaining to
communication towers
Recommendation: APPROVAL
J. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
I Resolution approving issuance of Industrial Development
Revenue Bonds to:
Pembroke Court Associates 1985 $20,000,000
Mt. Trashmore Associates 1,425,000
Lynnhaven Corporate Plaza I 10,000,000
Lynnhaven Corporate Plaza 11 10,000,000
Lynnhaven Corporate Plaza III 10,000,000
Gordon A. Rudolph 3,500,000
Providence Development Associates 550,000
James H. & Clara E. Capps 1,858,000
2. Ordinance to amend and reordain Section 37-7 and ADD
Sections 27-7.1 and 37-7.2 to the Code of the City of
Virginia Beach, Virginia, pertaining to tap and meter
installation fees and water resource recovery fees
K. RESOLUTION/ORDINANCE
1. Resolution to provide direction to the Planning Commission,
the Resort Area Advisory CoTnmission and the City Manager
with respect to continuing planning necessary for the
Resort Revitalization
2. Resolution to provide Health Care Coverage to Virginia
Beach City Employees who retire prior to age 65 with at
least 25 years of service credit
3. Ordinance to amend and reordain Sections 2-119 and 2-120 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Sick Leave
L. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution to induct into the City's HALL OF FAME:
a. C. Mac Rawls
b. Cecil B. Leary, Jr.
c. Deborah V. McBride
d. David C. Sullivan
2. Ordinance to authorize acquisition of property in fee
simple for right of way for Rudee Inlet dredging and the
acquisition of temporary and permanent easements of right
of way, either by agreement or by condemnation
3. Ordinance to authorize the acquisition of property in fee
simple for the Linkhorn Park site and the acquisition of
property either by agreement or by condemnation;
AND,
Transfer the necessary funds for said acquisition of land
for said park site
4. Ordinance to amend and reordain the Code of the City of
Virginia Beach, Virginia, by ADDING Section 33-114,
pertaining to encroachment applications
5. Ordinance to amend and reordain Chapter 23 of the Code of
the City of Virginia Beach, Virginia, by ADDING Section
23-7.1 pertaining to providing identification to police
of f icer
6. Ordinance autliorizing the City Manager to execute a deed of
dedication and vacation between Pembroke Square Associates
and the City of Virginia Beach
7. Ordinance, upon SECOND READING, to appropriate $117,703
from the General Fund to the School Board.
8. Ordinance upon FIRST READING to accept and appropriate
$20,000 from Chapel Hill Associates for recreational
facilities in the Jamestown Subdivision
9. Ordinance to transfer $150,800 from within the Department
of Public Works for Photogrammetric Services Contract
10. Ordinance to authorize a temporary encroachment into a
portion of City property known as site of Fire Station #9
at South Witchduck Road to Arthur Bulman, Jr., his heirs,
assigns and successors in title
11. Request for 60-day extension for coilipliance an Ordinance
closing, vacating and discoitinuing a portion of 22nd
Street in the petition of Runnington Investment Corporation
12. Bingo/Raffle Permits:
Virginia Beach General Hospital Auxiliary Raffle
Sisterhood of Kehi@t Bert Hamidrash Bingo/Raffle
Tidewater Center for Human Growth, Inc. Bingo/Raffle
13. Ordinance authorizing tax refunds in the amount of $885.61
M. APPOINTMENTS
1. Advertising Selection Committee
2. Building Code Appeals Board
3. Community Services Board
4. Development Authority
5. Frances Land House Board of Governors
6. Planning Commission
7. Plumbing & Mechanical Appeals Board
8. School Board
9. Southeastern Virginia Area-Wide Model Program (SEVAMP)
10. Tidewater Community College Board
11. Tidewater Stadium Authority
12. Virginia Beach Community Development Corporation
0. NEW BUSINESS
P. ADJOURNMENT
CITY COUNCIL REGULAR SESSION
DECEMBER 23, 1985
CANCELLED
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
TIDEWATER REGIONAL TRANSPORTATION DISTRICT
10:15 A. M.
December 16, 1985
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on December 16, 1985, at 10:15 P.M.
Mr. Jack Whitney, Chief of Comprehensive Planning, distributed a BRIEFING
PACKAGE concerning the OCEANFRONT VISITOR AND TRAVEL CENTER. Said
information is hereby made a part of the record. This information
consisted of Descriptive Material which outlined the three Options,
Financial Information, and Statements of Review and Recommendation. This
material is focused on OPTION C:
This option expands the development concept of
Option B to add the block immediately to the west
of the Dome. Improvement and expansion of several
City agencies such as the Fire Department, Rescue
Squad, Health Department, and the Police
Department are included in this option, to create
a muncipal center in the oceanfront area.
Preliminary space requirements and layouts of
this option are being prepared for review by the
city.
Arnold Rosenberg, Parsons, Brinkerhoff, Quade and Douglas, spoke concerning
the Consultants review of the various financing options available for joint
co-operative effort toward the development of the Center.
The DOME will be relocated and no longer serve the purposes of a general
meeting hall. The Dome Is proposed to become an open transit concourse and
serve as the primary structure around which the transit and pedestrian
activities are organized.
All the infrastructure work would be financed through TRT. The relocation
of the DOME would be financed through TRT. The upgrading and architectural
improvements and landscaping of the DOME would be finanaced through TRT.
B R I E F I N G
(Continued)
The City Manager reiterated the following costs:
Construction Costs $ 7,992,000
Capitalized Interest (2) 725,000
Funding Debt Service
Reserve (3) 1,160,000
Bond Insurance Premium, Other
Costs of Insurance and
Under Writers Discount 400,000
Total Principal Amount
of Certificates $10,277,000
The City Manager further reiterated over a sixteen (16) year period:
Principal Interest
Total Payments
$10,277,000 $8,283,000
$18,560,000
James Ricketts, Co-ordinator and Manager of the PAVILION also spoke
concerning this item. One item not reflected in this Schedule of Payments
is the RESERVE of approximately $1 MILLION. If this Reserve should be
invested at 10%, that return would be $100,000 a year which would reduce
the City's payments over the term. The City could invest same to one and
one-half points above the interest that is being paid and to help decrease
the payments.
James Echols, Excutive Director of the Tidewater Regional Transit
Authority, and Michael Barrett, Executive Director of the Virginia Beach
Resort Area Advisory Commission, also responded to Council's inquiries.
City Council requested the Staff provide additional information concerning:
1. Justification of needs as two projects referenced were not in the
CAPITAL IMPROVEMENT PROGRAM.
2. Cost Estimate for the DOME improvements.
3. Cost Data for OPTIONS I and 2.
4. Parking Space requirements reflecting the actual number involved.
5. Description of the proposed uses of the DOME.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 16, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, December 16, 1985, at 11:45 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
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ITEM # 24684
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Secton 2.1-344, Code of Virginia, as amended,
for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Jack
Jennings, City Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 16, 1985
2:15 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
December 16, 1985, at 2:15 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Rabbi Israel Zoberman
Reform Jewisb Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24685
Councilwoman Creech advised she will VEELBALLY ABSTAIN on an Ordinance to
authorize acquisition of property in fee simple for right-of-way for Rudee
Inlet dredging and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or by condemnation.(See Item II-L.2 of
the Consent Agenda).
Item II-D.2
CONSENT AGENDA ITEM # 24686
Councilman Baum referenced an Ordinance to authorize the acquisition of
property in fee simple for the LINKHORN PARK site and the acquisition of
property either by agreement or by condemnation; AND, Transfer the
necessary funds for said acquisition of land for said park site. (See Item
II-L.3 of the Consent Agenda).
Councilman Baum wished this item pulled for discussion.
Item II-D.3
CONSENT AGENDA ITEM # 24687
Councilwoman Henley referenced an Ordinance, upon FIRST READING, to accept
and appropriate $20,000 from CHAPEL HILL ASSOCIATES for recreational
facilities in the JAMESTOWN SUBDIVISION. (See Item II-L.8 of the Consent
Agenda). Councilwoman Henley was advised the Swimming Pool would be
utilized city-wide and not restricted to this particular area.
Councilwoman Henley further referenced an Ordinance to transfer $150,800
from within the Department of PUBLIC WORKS for PHOTOGRAMMETRIC SERVICES
CONTRACr. (See Item II-L.9 of the Consent Agenda).
The Staff advised completion date of this project would be approximately
eighteen (18) months.
5
Item II-F.1
MINUTES ITEM 24688
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of December 9, 1985.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
Council Members Absent:
None
December 16, 1985
6
Item II-G.1
PRESENTATIONS ITEM 24689
The Mayor presented RESOLUTIONS inducting into the VIRGINIA BFACH CITY
EMPLOYEE HALL OF FAME:
C. MAC RAWLS
CECIL B. LEARY, JR.
DEBORAH V. McBRIDE
DAVID G. SULLIVAN
David Sullivan was unable to attend.
Mayor Heischober acknowledged their outstanding contributions. These
employees had been previously recognized for their efforts at the CITY
EMPLOYEE SERVICE AWARDS.
- 7 -
Item II-G.2
PRESENTATION ITEM # 24690
Mayor Heischober presented a RESOLUTION IN APPRECIATION to
DIANE C. ROCHE
This RESOLUTION recognized her contributions as 1985 UNITED WAY CAMPAIGN
COORDIINATOR.
Diane Roche's endeavors and many long hours of work made this year's UNITED
WAY CAMPAIGN a success.
Item II-H.1
PROCLAMATION ITEM 24691
Mayor Heischober PROCIA@ the week of December 15 - 21, 1985 as:
DRUNK AND DRUGGED DRIVING AWARENESS WEEK
Mrs. Lillian DeVenney, Chairman of the AD HOC TASK FORCE ON DRUNK DRIVING
ACCEPTED this PROCLAMATION.
This PROCLAMATION urged National Awareness of the problems of drunk and
drugged driving.
December
- 8a -
4b
ria,rtamattion
WHEREAS, traffic crashes are the leading cause of violent deaths in the UniLed SLaLe,,i--illul-(.
han 50,000 iri 1980; and
WHEREAS, traffic crashes also play a substantial role iri seriou,, in
juriLs, causitig MUSL ot@
he new cases of epilepsy and paraplegia i(i Lhe United SLaLes each year; arid
WHEREAS, between 45 and 55 peicent of fatally injured drivers have alcohol concentrations i
heir bluod above the leqal limit, wilh ttiis level risifig Lu 55 tu 65 percerit iii
rashes; and
WHEREAS, the total cost to suciety c)f drunk driving, riol iricludiiiy Lhe hunian sufflririg thal
ari never be measured, is eslimated Lo be as high as $25 billiun a yeaf,; arid
WHEREAS, the reparts of collisions involving drivers who have used preticr,iptiori cir illegal
rugs are inereasing; and
WHEREAS, there has been a grouiidswell of national and local activities aimed at these prob-
ems through citizens' gruups, task force8, and Lhe Presidetitial Cuiriiiiigsion oti Drunk Di,ivin(j; iii,:
WHEREAS, increased public knowledye about the gravity of the problem of drunk and drugged
riving riiay convince alcohol and drug users to refrain frc)m driving, and iitliy stiniulale inLUL'utiL
n research about effects of drugs uri drivirig ability and the incidence of traft'ic crashes; and
WHEREAS, national awareness of the problems of drunk atid drugged drivinij may help to sus-
ain current efforts to develop comprehetisive solutions at the slate arid local levels; and
WHEREAS, the Christmas and New Year's holiday period is a parlicularly Lippr(jpriate t iiiie tri
ocus national and local attention on this critical probleni, because more drivers are (in Lhe
oads, more social functions are attended, and more traffic collisions occur;
NOW, THERERORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do hereby join
ith the United States Congress, the President of the United States, guvernors, and uther mayors
cross the nation in proclaimino the week of DECEMBER 15-21, 1985 as
DRUNK AND DRUGGED DRIVING AWAftENESS 61EEK
n the City of Virginia Beach and support national and local observarices thereof, and realind our
ellow citizens that safety belts and child safety seats are our best defense against all the
azards of the road.
IN WITNESS WHEREOF, 1 have hereunlo set my hand and caused Lhe seal of the City of Virginia
ach to be affixed this sixteenth day of December, nineteen hundred and eighty-five.
I
I ?
1. @ l@@14 @, @, ,,,/
o, Heischober
1- Mayor
9
Item II-I.1
PLANNING ITEM # 24692
FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a
portion of Ranger Street in the petition of ROLAND H. AND VIRGINIA L.
COPELAND was DELETED from the Agenda.
This item was erroneously placed on the AGENDA, as City Council had
AUTHORIZED FINAL APPROVAL on December 9, 1985.
December 16, 1985
- 10 -
Item II-I.2
PLANNING ITEM # 24693
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Robert Jones,
City Council ADOPTED Ordinances upon application of II MEMORY BANK, INC.
for Changes of Zoning:
ORDINANCE UPON APPLICATION OF II MEMORY BANK,
INC. FOR A CHANCE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO R-6 Z012851047
BE IT HEREBY ORDAINED BY THE COUNCIL FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of II Memory Bank
Inc., for a Change of Zoning District from AG-1
Agricultural to R-6 Residential District on
certain property located 600 feet north of Old
Dam Neck Road, 600 feet east of Dwyer Road. Said
parcel contains 73.1 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D
ORDINANCE UPON APPLICATION OF II MEMORY BANK,
INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO R-6 Z012851048
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of II Memory Bank,
Inc., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-6 Residential District on certain property
located on the north side of Old Dam Neck Road,
250 feet more or less east of Dwyer Road. Said
parcel contains 84.1 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way along the frontage on Old Dam Neck
Road to provide for an ultimate 66-foot right-of-way in
accordance with the Master Street and Highway Plan and with the
alignment on file in the City Engineer's Office.
2. A five-foot dedication of right-of-way along the frontage on
Dwyer Road to provide for a standard 50-foot right-of-way. This
condition will not be required if Dwyer Road is relocated within
the project.
3. Density shall be limited to three (3) units per acre.
4. Noise disclosure shall be made in all contracts.
5. Property is to be developed substantially in accord with the Site
Plan presented to City Council December 16, 1985.
6. Shrubbery and Trees shall be provided as a buffer along Dam Neck
Road and trees shall be replaced wherever possible.
7. Agreement shall be recorded with the Clerk of the Circuit Court
encompassing the Covenants and Conditions of the approval of this
application.
Item II-I.2
PLANNING ITEM 24693 (Continued)
These Ordinances shall be effective uon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of December, Nineteerl Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S- and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
This Ordinance was ADOPTED in conjunction with Ordinance upon aplication of
JAMES A. BEASLEY, JR. for a Change of Zoning.
- 12 -
Item II-1.2b.
PLANNING ITEM # 24694
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance upon application of JAMES A. BEASLEY, JR.
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF JAMES A. BEASLEY,
JR., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO R-6 Z012851049
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon applicaton of James A. Beasley,
Jr. for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-6 Residential District on certain property
located at the southwest corner of Dam Neck Road
and Dwyer Road. Said parcel contains 38.14 acres.
Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way along the frontage on Dam Neck Road 47
feet from the centerline of the original right-of-way to provide
for an ultimate 94-foot right-of-way in accordance with the
Master Street and Highway Plan and the Virginia Beach Bikeway
Plan.
2. A five-foot dedication of right-of-way along the frontage on
Dwyer Road to provide for an ultimate 50-foot right-of-way. This
condition will not be required if Dwyer Road is relocated.
3. Density shall be limited to three (3) units per acre.
4. Noise disclosure shall be made in all contracts.
5. Property is to be developed substantially in accord with the Site
Plan presented to City Council December 16, 1985.
6. Shrubbery and Trees shall be provided as a buffer along Dam Neck
Road and trees shall be replaced wherever possible.
7. Agreement shall be recorded witb the Clerk of the Circuit Court
encompassing the Covenants and Conditions and the approval of
this application.
This Ordinance was ADOPTED in conjunction with Ordinances upon application
of 11 MEMORY BANK, INC. for Changes of Zoning.
December 16, 1985
- 13 -
Item II-I.2b
PLANNING ITEM # 2469 4 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of December, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item II-I.3
PLANNING ITEM # 24695
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council DEFERRED until the Planning Commission submits report to Council in
January concerning PD-H2 or not later than the earliest possible meeting in
February, applications of OGLESBY-ARNHOLD REALTY LTD. for Changes of
Zoning:
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 to PD-H2
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from R-5 Residential District to
PD-H2 Planned Unit Development District on
certain parcels located on the north and south
side of Holland Road, 310 feet more or less east
of Delft Drive. Said parcels contain 117.9
acres. Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO R-5
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-5 Residential District on certain property
located 600 feet north of Princess Anne Road,
4400 feet more or less west of North Landing
Road. Said parcel contains 3.4 acres. Plats
with more detailed information are available in
the Department of Planning. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AC-2 TO R-5
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-5 Residential District on certain property
located on the north side of Princess Anne Road,
4480 feet west of North Landing Road. Said
parcel contains 11.3 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
December 16 1985
- 15 -
Item II-I.3
PLANNING ITEM # 24695 (Continued)
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO B-1
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-1 Agricultural District to
B-1 Business-Residential District on certain
property located 600 feet north of Princess Anne
Road, 4100 feet more or less west of North
Landing Road. Said parcel contains 17,424 square
feet more or less. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY LTD., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO B-1
Ordinance upon application of Oglesby-Arnhold
Realty Ltd., for a Change of Zoning District
Classification from AG-2 Agricultural District to
B-1 Business-Residential District on certain
parcels located on the north side of Princess
Anne Road, 4170 feet more or less west of North
Landing Road and on a parcel located 483 feet
north of Princess Anne Road, 4170 feet more or
less west of North Landing Road. Said parcels
contain 3.9 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
16 -
Item II-I.4
PLANNING ITEM 24696
Ronald M. Campbell, Project Administrator, represented the applicant
The City Clerk referenced letters dated November 22, 1985, from Ronald M.
Campbell requesting DEFERRAL of said application and letter of December 9,
1985, again requesting DEFERRAL and noting compliance of E. Kenneth Day.
(Said letters are hereby made a part of the record).
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council DEFERRED until the City Council Meeting of January 27, 1985,
Ordinances upon application of SERVICE MMCRANDISE COMPANY, INC. d/b/a MR.
HOW WAREHOUSE for a Change of Zoning:
ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE
COMPANY, INC. d/b/a MR. HOW WAREHOUSE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3
TO B-2
Ordinance upon application of Service Merchandise
Company, Inc., d/b/a Mr. How Warehouse, for a
Change of Zoning District Classification from B-3
Central-Business District to B-2
Community-Business District on property located
at the southeast corner of Virginia Beach
Boulevard and Kellam Road. Said parcel is
located at 4725 Virginia Beach Boulevard and
contains 12.35 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE
COMPANY, INC., d/b/a MR. HOW WAREHOUSE, FOR A
CONDITIONAL USE PERMIT
Ordinance upon application of Service Merchandise
Company, Inc., d/b/a Mr. How Warehouse, for a
Conditional Use Permit for outdoor storage on
property located at the southeast corner of
Virginia Beach Boulevard and Kellam Road. Said
parcel is locatd at 4725 Virginia Beach Boulevard
and contains 12.35 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
- 17 -
Item II-I.4
PLANNING ITEM # 24696 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 16, 1985
- 18 -
Item 11-I.5
PLANNING ITEM # 24697
Vice Mayor McClanan suggested adding the word "height" before the word
"requirements" in Section (9) on the last page of an Ordinance to Amend and
Reordain Article 2, part C of the Comprehensive Zoning Ordinance by
Repealing Section 235 pertaining to Television or other Broadcasting
Stations and Line-Of-Sight Relay Devices, and By Adding Section 227.5
pertaining to COMMUNICATION TOWERS.
Council agreed that in areas of the City not served by Cable, households
must resort to a type of Satellite Dish Antenna. There should be a
different set of criteria.
The Director of Planning suggested addressing the Agricultural Areas
concerning this Ordinance.
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council DEFERRED for further consideration and recommendations by the
Department of Planning and the Planning Commission:
ORDINANCES TO AMEND AND REORDAIN THE
COMPREHENSIVE ZONING ORDINANCE:
ARTICLE 1, SECTION 111 PERTAINING TO DEFINITIONS
OF CO@ICATION TOWERS AND SATELLITE DISH
ANNTENNA;
ARTICLE 2, ADDING SECTION 227.5 PERTAINING TO
COMMUCATIONS TOWERS AND DELETING SECTION 235
PERTAINING TO TELEVISION AND LINE-OF-SIGHT RELAY
DEVICES.
ARTICLE 2, ADDING SECTION 270 PERTAINING TO
SATELLITE DISH ANTENNAS;
ARTICLE 3, SECTION 301(c) PERTAINING TO
COMMUNICATION TOWERS;
ARTICLE 4, SECTION 401(c) PERTAINING TO
COMMUNICATION TOWERS;
ARTICLE 5, SECTION 501(c) PERTAINING TO
COMMUNCIATION TOWERS;
ARTICLE 6, SECTION 601(c) PERTAINING TO
COMMUNICATION TOWERS;
ARTICLE 8, SECTION 801(c) PERTAINING TO
COMMUNICATION TOWERS:
ARTICLE 9, SECTION 910(c) PERTAINING TO
COMMUNICATION TOWERS;
ARTICLE 10, SECTION 1001(c) AND 1011(c)
PERTAINING TO COMMUNCATION TOWERS.
19 -
Item II-I.5
PLANNING ITEM 24697 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht Robert E. Fentress, Barbara M.
Henley, Louis R. Jones, Robert G. Jones! Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Harold Heischober and H. Jack Jennings, Jr.
Council Members Absent:
None
*Verbal Aye
- 20 -
Item II-J.l.a.
ITEM # 24698
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED tbe Resolution approving tbe issuance of INDUSTRIAL
DEVELOPMENT REVENUE BONDS to:
PEMBROKE COURT ASSOCIATES 1985 $20,000,000
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
-20a -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME Pembroke Court Associates 1985
2. LOCATION: 4600 Soho Court
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 458 unit multi-family resi-
dential housing complex
4. AMOUNT OF BOND ISSUE: $20,000,000.00
5. PRINCIPALS:
Great Atlantic Management
Charles Stoneham
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
GKQ.SS.PEMBROKE.10/28/85
FISCAL IMPACT STATEMENT SUBMITTED TO ,
CITY OF VlkC@llilA BEACH DEVELOPMENI AUTHOkilY
Ddte: October 30, 1981,
The undersigned Chairman states, in coijipliance witil @lectiul@
15.1-1 16.2, Code of Virginia of 1950:
Naiiie of Applicant: Pembroke Court Associates 1985
Facility: Unit Multi-Family Housing Project
i. Mdxinium aiiiount of finincing sought $20,000,000.60
2. Estiflidted taxable value of the facility's
real property to be constructed in the
City of Virginia Beach S17,'@@25,000.(@o
Estiinated redi pruperty tdX per yedr
usifig present tax rdte@ $ 13 7 , @iUO. (io
4. Estipi,ited persondl property tax per
year using present tax rdtes $ - 0 ---
S. Estiiiidted business license (in lieu of
iiierciidnts' capital) tax per yedr using
pi,esent tdx rates $ - 0 -
(I. Estiiiiited dollar vciluc per year of
qoods and services ttidt will be
[)UI-Chdsed locally $ I'@O,Oou.
7. ElltilTidted nuniber of regular employees
on yeit, round basis
t'. Averdge annudl salary per ealployee $ @i,obo.oo
CITY OF VIRGINIA BEA('IF
DEVELUi'ML'NT AU'I'HOI<I'I'Y
By: i, L /' t @-+ . "
Chairinan
GNQ.FIS.COUkT.10/29/65
V@ 7 L;' i D
,DE ENCE
PROJECT NAME: Pembroke Court Associates 1985
PROJECT ADDRESS: 4600 Soho Court
Virginia Beach, Virginia
TYPE OF PROJECT: 458 unit multi-family
residential rental complex
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 18th day of November, 1985.
Concilman Councilman
on motion by Jennings and seconded by Fentress
the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO PEMBROKE COURT ASSOCIATES 1985
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the
application of Pembroke Court Associates 1985 (the "Purchaser"), for
the issuance of the Authority's housing revenue bond or bonds in an
amount estimated at $20,000,000 (the "Bonds") to assist in the
financing of the Purchaser's acquisition, renovation and operation of
a 458-unit multi-family residential rental complex (the "Project") in
the City of Virginia Beach, Virginia; 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 (the "Code"), and Section 15.1-1378.1
of the Code of Virginia of 1950, as amended (the "Virginia Code"); and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council approves the issuance of the Bonds by the
Authority, for the benefit of the Purchaser, to the extent required by
Section 103(k) of the Code and Sectioh 15.1-1378.1 of the Virginia
Code, to permit the Authority to assist in the financing of the
Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) of the Code and Sectiorl 15.1-1378.1 of the Virginia
Code, 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
froifl the revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on December 16, 1985.
GKQ.RESO.PEMBROKE.10/28/85 - 2
- 21 -
Item II-J.b/c/d/e/f/g/h ITEM # 24699
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
Upon motion by Councilman Baum, seconded by Councilman Robert Jones,
City Council ADOPTED the Resolutions approving the issuance of INDUSTRIAL
DEVELOPMM REVENUE BONDS to:
MOUNT TRASHMORE ASSOCIATES $ 1,425,000
LYNNHAVEN CORPORATE PLAZA I 10,000,000
LYNNHAVEN CORPORATE PLAZA II 10,000,000
LYNNHAVEN CORPORATE PLAZA III 10,000,000
GORDON A. RUDOLPH 3,500,000
PROVIDENCE DEVELOPMENT ASSOCIATES 550,000
JAMES H. & CLARA E. CAPPS 1,858,000
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Mt. Trashmore Associates
2. LOCATION: 479-481 Edwin Drive
Virginia Beach, Virginia 23462
3. DESCRIPTION OF PROJECT: 11,000 square foot medical/dental office
and health care facility
4. AMOUNT OF BOND ISSUE: $1,425,000
Paul M. Brickman
5. PRINCIPALS: James G. Evans
Allen R. Fenderson
-T.niii-c; J. Marconvak
Robert D. Pellerin
stephen B. Stroud
-Mark R. Winters
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the 0-1 Office District
Property
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: @it. Trashmore Associates Project
TYPE OF FACILITY: Medical/Dental office Facility
1. maximum amount of financing sought $ 1 4 2 5 , 0 0 0
2. EStimated taxable value of the facility's
real property to be constructed in the
municipality $ 1 , 00 8 , 0 00
3. Estimated real property tax per year
using present tax rates $ 8,064
4. Estimated personal property tax per
year using present tax rates $ 8,415
S. Estimated merchants' capital (-.usi@aess
license) tax per year using present tax
rates $ 2 4 , 5 0 0
6. Estimated dollar value per year oE goods
and services that will be purchased
locall., $ 30 7 , 00 0
7. Estimated number of regular employees on
year round basis $ 14*
B. Average annual salary per employee $ 14 300
The inforoiation contained in this Statement is based solely
on facts and estimates provided by the A-3licant, and the
z
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
r
By
Chairman
*Roprosents now jobs generated by project only.
Economic Impact Statement
1. Amount of investment $-1,425,000
2. Amount of industrial revenue bond financing
sought $-1,425,000
3. EstimAted taxable value of the facil@ty's
real property to be constructed in the City
of Virlin la B6ach $ 1,008,000
4. Estimated real property tax per year using
present tax rate $ 8,064
5. Estimated personal property tax $- 8,415
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 14
B. Payroll generated $ 200,000 Av. Wage $ 14,300
C. Number of jobs retainbd 22
D. Payroll retained $ 540,000 Av- Wage $ 24,500
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.):
Type Value
Office supplies $ 54,400
@f- a-I @s & ins.--$ 5s,@
Equipment & inventory $ 271,000
Motor vehicles $ 7 8 , 00 0
TOTAL $ 461,400
F. Estimated building permit fee and other municipal
fees $ 16,000
G. Estimated construction payroll $ 335,000
H. EStimated value of construction material
to be purchased within the City of
Virginia Beach $ 400,000
I. Estimated number of construction jobs 85
J. Any other items which the applicant feels
the Authority should be made aware of in
Project will provide a lztrqe,
evaluating the project modern, easily accessible medical
and dental health care facility in idusiness gruwl!i cuiiidor,
adjacent to projected "downtown" Virginia Beach
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)
479-481 Edwin Drivc,, Virqinia Beach, Virqini@i 23462
11. Explanation of alternative financin? that has been
Conventional inancing has becn re%,iewed
reviewed for project but project is not considered ecutiomically
attractive and viable absent tax exempt bond financing.
*Notc: Figures include all personncl of general contractor and
subcontractors to perform services in connection with constru(:tion
of prc)ject.
I hereby certify that the infomation stated in the abov.e
Economic Impact Statement-is accurate and true in all respects.
MOUNT TRASHMORE ASSOCIATES
a Virginia partne,rs@ip
By: @c " (,
Appl.,:at)
Paul M. Brickman, P rtncl-
day of
Sunscribed and sworn to before me this
.,98
Notary
my Commission ExPires:
0 CE
PROJECT NAME: Mt. Trashmore Associate@
PROJECT ADDRESS: 479-481 Edwin Drive
Virginia Beach, Virginia 23452
TYPE OF PROJECT: Medical/Dental office Facility
RESOLUTION OF CITY COTJNCIL OF
THE CITY OF VIRGINIA BEACH
APPROVINIG THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BOND
FOR
MT. TRASfiMORE ASSOCIA,rEs
WHEREAS, the City of Virginia Reach Development Author-
ity, whose address is 770 Lynnhaven Parkway, Virginia Beach,
Virginia 23452 (the "Authority") has considered the application
and plan of financinq of Mt. Trashmore Associates, a Virginia
qeneral partnership, whose ad(iress is 3745 Holland Road, Suite A,
@7irginia Reach, V-)k 23452 (the "Purchaser"), for the issuance of
the Aut-.Iiority's industrial (ievelopment revenue bon(i in an amotint
estimated not to exceed $1,425,000.00 (the "Bond") to assist in
the financing of the Purchaser's acquisition, construction, fur-
nishing, and equipping of an approximately 11,000 square foot
medical/dental office and treatment facility (the "Project") to
be located on an approximately 1.475 acre parcel of land situated
at 479-481 Edwin Drive in Virginia Reach, Virginia, to be owned
by the Purchaser, and has held a public hearing thereon on
r)ecember 10, 1985 and;
WHEREAS, the Authority has requested the Council (the
"Council") of the City of Virginia Beach, Virginia (the "City")
to approve the issuance of the gotid to comply with Section 103(k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be aqreed upon and a
reasonably detailed summary of the comments expressed at the
public hearinq, if any, have been filed with the Council of the
City of Virginia Reach, Virginia;
THEREFORE, BE TT RESOLVET) BY THE COUNCIL OF THE CITY OF
VIRGINIA REACH, VIRGINIA:
1. The Council of the City of Virginia Reach, Virqi-
nia, approves the issuance of the Rond by the City of Virqinia
Reach T)evelopment Authority ("Authority") for the benefit of Pit.
Trashmore Associates, a Virginia general partnership, to the
- 1 -
extent of and as required by Section 103(k) of the Internal Reve-
nue Code, to permit the Authority to assist in the financing of
the Project.
2. The approval of the issuance of the Bond, as
requir,-d by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643, Virqinia Acts of Assembly of 1964, as amended,
the Bond(s) shall r)rovide that neither the City nor the Authority
shall be obliqated to pay the Bond(s) or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledqed therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged theroto.
3. In approving the Resolution, the City of Virginia
Reach, including its elected representatives, officers,
employees, and agent.@, shall not be liable and hereby disclaims
all liability for any damaqes to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocatb its
allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or I)ereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, virqinia, on December 16 1 198 5 .
CITY COUNCIL OF VIRGINIA REACH
By:
mta#l
res.mta
SUMMARY SliEET
1. PROJECT NAME: Lynnhaven Corporate Plizi I
2. LOCATION: South side of Frankel Lane
approximate y 1,000 feet west of
the intersection oi- Fr@itikcll
and Lynn aven Parkway, Virqinia Beacii,
Virqinia
3. DESCRIPTIOt4 OF PROJECT: @lf
S'.
services, and parking. restaurant,
onsistil 0
square feet
4. AMOUNT OF BOND ISSUE: $10,000,000.00
5. PRINCIPALS: Jahii Wallace Suninis -
M,irtiti Ganderson
John Dea
6. ZONIRIG CLASSIFICATION:
zi. Present zoning
classification of the
Property
b. Is rezoning proposed? Yes No -X
C. If so, to what zoning
classification?
FISCAL IMPACT .0,TA,rEMEN'r
D A'P' .@': Noveinber 13, 1985
TO: THE ci,ry COUNCIL OF VIRGINIA BEACII,
PROJECT NA@IIE: Lynnhaven Corporate Plaza I
)F FACILI'IY: office, distribution, busitiess, city, ithlt,tic,
professional coinplex
1. Maximun amount of financing sought $---lo,ooo.oo
2. Estimated taxable value of the facilitv's
real property to be constructed in the
municipality $ 8,000,000.00
3. Estimated real property tax per year 6
using present tax rates $ 4,000.00
4. Estimated personal property tax per
year using present tax rates $ 62,000.00
5. Estiinated merchants' caoital (business
license) tax per year u--lng present tax
rates $ 216,000.00
6. E3timated dollar value per year of noods
and services thlit will be ourchased
localiy $ 200,000.00
7. Estimated number of regular employees on
year round basis 300 - 500
B. Average annual salary per emplo@,ee $ tl3,000.00
Tli(, information contained in this Statement is based
on Eacts and estimates provided by the Applicant, and tne
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
a irman
Economic Impact Statement
1. Amount of investment $ 11,500,000.00
2. Amount of industrial revenue bond financing
sought
$ 10,000,ooo.oo
3. Estimated taxable value of th, facility's
real Property to be constructed in the city
of Virginia Beach
8,ooo,ooo.oo
4. Estimated real property tax per year using
present tax rate 4,000.00
5. Estimated personal property tax 62,000.00
6. EcOnOmic impact statement demonst,,ting the
overall return to the'city.-
A. Number of new jobs 400
B. Payroll generated $5.2 millionav. Wage $13,000.00
C. Number of jobs retainiad
D. Payroll retained $ Av. Wage
E. Estimate of the value of goods and Services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional serv'lces,
insurance, motor vehicles, etc.):
Type Value
Professional services $250,000.00
vento
Mpchinery $ 00,000.00
Insurance $ 40,000.00
TOTAL 1,090,000-00
F Estimated building permit fee and other municipal
fees $ 4 0 0 0 0 0
G. Estimated construction payroll $3,000,000.00
H. Estirnated value of construction material
to be purchased within the City C)f
Virginia Beach
$3,000,000.00
I. Estimated number of construction jobs 3 0 0
J. Any other items which the applicant fells
the Authority should be made aware of in
Virginia Beach has no Class "A"
evaluating the pro3'ect -ffce f,,,il MPI('X. 'I'liis will
COIT,
b(-, the largest and most compreh nsive corporite coniplex in th,
Tidewa Lynnhaven ar(-,a is @i cor orat
ancl co - p
7. Is the si ace
d
fc)r industrial revenue bond financing? Yes X No
B. Has a bond PurchaSe agreement/commitment been accen-led 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 Assuniinq allocation a.t the time of indu--Olflent
10. Location of project (attach location map)
FratikE-,l Lane ipproxiniatc@ly 1,000 I-eet west-of th(--@ itit(-,rcsc@ction ()f
i-'I- i)k,@l L@ine an( rkwav
11. Explanation of alternative financing that has been
reviewed for project conventional financing would mak(-, project
unfeasible
and support services presently not available.
I hereby certify that the information stated in the above
Economic Impact Statement'is accurate and true in all respects.
~Applicant)
Subscribed and SWorn to before me this
1984.
day of
Notary PUDllC
My Commission Expires:
0
2
2
F
CL
cu
A,
PRIJJECT NARIE: Lynnhaven Corporate Plaza I
PROJECT ADDRESS: South side of Frinkel Lane, approximately 1,000 f(,Pt
west of the intersection of Frankel I,an(, -In(i
l,ynnh,iveii Parkwiy, Virqiiii,) 13eich, Virqiliii
ll')Illf@ OF f'RO,71-CT: Offic(, pirk including Ittendant spice for
retail sale of goods and services,
and parking, consisting of approximately 200,000
square feet
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Lynnhaven Corporate Plaza I)
WHEREAS, the City of Virginia Beach Development Authority
(ttic "Authority") has considered the application of l,ynnhavell
Corporate Plaza I, a Virginia liniited partnership, or any
partnership or corporation of which Jahn Wallace Summs is
a partner or shareholder (the "Company") for the issuance
of the Authority's industrial development revenue bonds in
an amount not to exceed $10,000,000 (the "Bonds") to assist
in tlie financing of the Coinpany's acquisition, constructiorl
and equipping of an office park including attendant space
for retail sale of goods and services, restaurant and parking,
consisting of approximately 200,000 square feet, to be located
oii the south side of Frankel Lane, approximately 1,000 feet
west of the intersection of Frankel Lane and Lynnhaven Parkway
iri tiie City of Virqinia Beach, Virqinia (the "Facility"),
and has held a public hearing thereon on December 10, 1985;
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 coniply with Sectioil
103(k) of the internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to Section 15.1-1378.1 of the Code
of Virginia, 1950, as amended, a copy of the Authority's
Resolution approving the issuance of the Bonds, subject to
teriiis to be iiiutually agreed upon, and a reasonably dctailed
suinmary of the comments expressed at the public hearing,
if any, have been filed with the Council of the City of Virginia
Beach, Virginid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VLRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Developnient Authority for the beilefit of Lynnhaven
Corporate Plaza 1, or any partnership or corporation of which
Jahn Wallace Summs, is a partner or shareholder, to the extent
of and as required by Section 103(k) of the Internal Revenue
Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
tlie Bonds shall provide tliat neither the City nor the Authori.ty
sliall be obligated to pay the Bonds or the interest thei-oon
or other costs incident thereto except from the revenues
aiiLi iiioneys pl(-,dged th(z!refor, and neitll(-,r th(, faith or credit
nor ttie taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
-2-
3. In approving the Resolution, the City of Virgillia
B(-,ach, inclucling its electcd representatives, officers, einplOYL@(@S,
aiid agents, shall not be liable and hereby disclaims all
li,ibility for any damages to any persoii, direct or consequelitizil,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretion
to allocate its allowable industrial development bond volunie
t,) one or more other projects if the issuance of tax exenipt
boiids by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
ciQvelopaient revenue bonds by the Authority is restricte,i
by ariy state or federal statute now or tlicreafter enacte(l.
4. This Resolution shall take effect immediately upon
its a(loption.
ADOPTED by a majority of a quorum of the Council of
the City of Virginia Beach, Virginia on Decerliber 16 1985.
-3-
SUMMARY SHEET
1. PROJECT NAME: Lynnhaven Corporate Plcizi II
2. LOCATION: South side of Frankel I,,,ine
approximately 1,500 feet west of
the interesection of Frankel Lane
and Lynnhaven Parkway, Virginia Beach,
Virqinia
3. DESCRIPTION OF PIZOJ-ECT: Office park includinq att@2n(f,int s e
for retai-1 s@a e of qoods and services,
and parking, consisting of
approximately 100,000 square feet-
4. AMOUNT OF BOND ISSUE: $10,000,000.00
5 PRINCIPALS: Jahn Wallace Summs
Martin Ganderson
John Deal
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 1-1
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
FISCAL IMPACT STA'REMENT
Noveinber 13, 1985
TO: TIIE CITY COUNCIL OF VIRGINIA BEACII, III.'RGI@IIA
PROJECT NA@IE: Lynnhaven Corporate Plaza II
,rypE OF PACILITY: Office, distribution, business, city, athletic,
professional complex
1. Maxi,,num amount of Einancing sought $-- 1-9, O-CLCL.@--
2. Estimated taxable value of the facilit,-,,'s
redl property to be constructed in the
municipality $ 8, 000 , 000 . oo
3. Estimated real propert,-i tax per year
using present tax rates $ 64,000.00
4. Estimated personal property tax per
year using present tax rates $ 62,000.00
5. Esriinated merchants' capital (business
license) tax per year using present tax
rates $ 2 1 6 , 0 0 00 0
6. E.3tiiTiated dollar valu(-, pc@r year ot iloods
and --ervices that will b(-, ourcliasu(i
locaily $ 200,000.00
7. Estimated number of regular employees on
year round basis 300 - 5oo
S. Average annual salary per emplovee $+/-13,000.00
T,Iie infor@-nation contained in this Stateinent is base(i sol,21@-,-
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
c@a i r-ma-n----
Economic impact Statement
1. Amount Of investment $ 11,500,000.00
2. Amount of industrial revenue bond financing
sought
$ 10 000 ooo.oo
3- Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach
$ 8 000 ooo.oo
4. Estimated real prop,
rty tax per year using
present tax rate $ 0.00
5. Estimated personal property tax 6 20 0 0 . 00
6. Economic imdact statement demonstrating the
overall return to* the'city:
A. Nunber of new jobs 400
B. Payroll generated $ .2 milliorav. wage
@3,000.oo
C. Number of jobs retainiad
D. Payroll retained Av. Wage
E. Estimate of the value Of goc>ds- and services Purchasd
within the gecgraphic boundary of 'Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Profe- ional services $ 250,000.00
Machinery $ 400 ooooo
Insurance $ 40,000.00
TOT@,L $1,090,000.00
F Estimated buildin(3 permit fee and other municipal
fees
40,000.00
G. E8timated construction payroll $3,000,000.0.0
H. Estimated value of onstruction material
to be purchased within the City of
Virginia Beach
$3,000,Ooo.oo
Estimated n-ber of construction jobs 3 0 0
J. kny other items which the applicant feels
the Authority should be made aware ot in
evaluating the proje,t Virginia Beach has no Class "A" off,
largest and mOst-6ompre the
Tidewater area -- will
corporate and commercia as a
7. is the site currently zone@ -osed
for industrial revenue bond financing? Yes X No
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
Assuming allocation at th'
No e time of inducement
10- LOcatiOn of project (attach location map) outl, f
,inL_approximately 1,500 feet west of-the intersectio-@nkel
ran- n of
11. Explanation of alternative financing that has been
reviewed for project conventional financinq would niake
project unfeasible
of office space and support services presently
not available.
I hereby certify that thc, infor-mation rt3ted in thL, 'Above
a true in all resuect-
Economic ImPact Statement-is accur te ,d
(Applicant)
Subscribed and sworn to before me this day of
1984.
MY COmmission Exr)ires:
t)3
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(D
PRUJECT NA11E: Lynnhaven Corporate Plaza II
PROJECT ADDRESS: South side of Frankel Lane, approximately 1,500 felt
west of the intersection of Frankel Lane and
Lynnhaven,Parkway, Virginia Beach, Virginia
TYPE OF PROJECT: Office park including attendant space for retail
sale of goods and services, and parking, colisisting
of approximately 100,000 square feet
RESOLUTION APPROVING 'I'HE ISSUANCE
OF' INDUS'PRIAL DEVELOPMENT REVENUE BONDS
(Lynnhaven Corporate Plaza II)
WIIEREAS, the City of Virginia Beacii Development Authority
(th(-, "Authority") has considered the application of Lylinhaveli
Corporate Plaza 11, a Virginia limited partnership, or any
partnership or corporation of which Jalin tvallace Suiiuns i.s
a partner or shareholder (the "Company") for the issuance
of the Authority's industrial development revenue bonds in
an aiiiount not to exceed $10,000,000 (tiie "Bonds") to assist
in tiie financing of the Company's acquisitioll, construction
and equipping of an office park including attendant space
for retail sale of goods and services, and parking, consistirig
of approximately 100,000 square feet, to be located oil tile
south side of Frankel l@ane, approxiiiiately 1,500 feet west
of ttie intersection of Frankel Lane and Lynnhaven Parkway
in the City of Virginia Beach, Virginia (the "Facility"),
and has held a public hearing thereon on December 10, 1985;
and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virqinia (the "City") to
approve the issuance of the Bonds to coinply with Section
103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to Section 15.1-1378.1 of the Code
of Virginia, 1950, as amended, a copy of the Authority's
Resolution approving the issuance of the Bonds, subject to
terms to be mutually agreed upon, and a reasonably detailed
suituii@try of the coirunents cxpr(-,ssed at the public hearinq,
if aiiy, have been filed with the Council of the City of Vir(linia
Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginid
,ipproves the issuance of the Bonds by the City of Virginia
Beacl) Development Authority for the benefit of Lynnhaven
Corporate Plaza II, or any partnership or corporation of
wliich Jahn Wallace Summs, is a partner or shareholder, to
the extent of ajid as required by Section 103(k) of the Intet-iial
Revenue Code, to permit the Authority to assist in tll(-@ f@llai)Cincj
of the Facility.
2. The approval of the issuance of the Bonds, as require(i
by Section 103(k) does not constitute an endorsement of the
iionds or the creditwortl)iness of th(, Coiiipaiiy; but, pursu@int
to Chapter 643, Virginia Acts of Assenibly of 1964, as
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 nioneys pledged therefor, and iieither the faith or cr(@(lit
iior thu taxing power of the Conunonwealtli, the City, or th,
Authority shall be pledged thereto.
-2-
3. In approving the Resolution, the City of Virginia
Beach, including its elected represlntatives, officers, cinployees,
and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct Or Consequenti@ll,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, includinq, but not limited
to, any decision by the Authority in its sole discretion
to allocate its allowable industrial development bond voluni,,
to one or more other projects if the issuance of tax exempt
bonds by the Authority is restricted by any state or fecl(,rl]
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
developinent revenue bonds by the Authority is restricted
bY ally state or federal statute now or tliereafter en,,t,d.
4. This Resolution shall take effect immediately upoli
its adoption.
ADOPTED by a majority of a quorum of the Councii of
the City of Virginia Beach, Virginia on December 16 1981).
-3-
SUMMARY SHEET
1. PROJECT NAME: Lynnhaven Corporate Plaza III
2. LOCATION: South side of Frankel Lane
approximately 1,750 teet west ot
the intersection of Frank(-.l L,ane
and Lynnhaven Parkway, Virginia Beach,
Virgiiiia
3. DESCRIPTION OF PROJECT: office park including attcr)(lant
space for retail@al@ of @o@Js-and
services, and parking, coiisis inli Of
approximately 100,000 square feet
4. AMOUNT OF BOND ISSUE: $10,000,000.00
5. PRINCIPALS: Jahn Wallace Slimms
Martin Ganderson
John Deal
6. -@OtlltJG CLASSIFICATION:
a. Present zoning
classification of the
Property I-I
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
FISCAL IMPACT STA,rf-,MENT
DATE: November 13, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACII, VI@,cl'jlA -
PROJECT NA@,IE: Lynnhaven Corporate Plaza III
,ryoc OF FAI--ILITY: Office, distribution, business, city, athletic,
professional complex
1. Maximum amount of financing sought $-- 1.0, 000. 00
2. Estimated taxable value oE the facilit,,,'s
real property to be constructed in the
municipality $ 8 , 0 0 0 , 0 0 0 . 0 0
3. Estimated real propertv tax per year
using present tax rates $ 6 4 , 0 0 0 . 0 0
4. Estimated personal property tax per
year using present tax rates $ -62,,000.00
5. Estiinated merchants' capital (business
license) tax per year using present tax
rates $ 216,000.00
6. Estimated dollar value per year of noods
and services that will be purchased
locally $ 200,000.00
7. Estimated number of regular employees on
year round basis 300 - 500
8. Average annual salary per emplovee tl3,000.00
The information contained in this Statement is bised soloi--l
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
Citv of Virginia Beach
DevelOpment Authority
By
CfFairman
Economic Impact statement
1. Amount of investment $1, 500 000.00
2. Amount of industrial revenue bond financing
sought
10,000,000.00
3. Estimated taxable value of the facility's
real property to be constructed in the City
.of Virginia Beach 8,000,ooo.00
4. Estimated real property tax per yIcar using
present tax rate 64 000.00
5. EStimated Personal property tax 2,000.oo
6. Economic imqact statement demonstrating the
overall 'city:
,rettirn to the
A. Number of new jobs
B. Payroll generated $5.2 millionav. WagL $13,000.oo
C. Number of jobs retainbd
D. Payroll retained $ Av. Wage
E. Estimate of the value of goods and services Purchased
within the gec>graphic boundary of Virginia Beach by
type (inventory, machinery, Professional services,
insurance, motor vehicles, etc.):
Type Value
Professional services $ 250,000.00
Machinery $ 4 0 0 , 0 0 0 . 0 0
Insurance $ 40,000.oo
TOTAL 1,090,000.oo
F Estimated bilding Permit fee a,d Other muni,i al
fees p
Estimated con@tr,,otion payroll 40,ooo.00
H' Estimated val,, f construction mat,,ial $3,000,ooo.oo
to be Purchased within the City of
Virginia Beach
$3,ooo,ooo.00
Estimated n-b@r c)f construction jobs 3 0 0
J- A-ny other items which the applicant feels
the Authority should be m,de aware of in
evaluating the Ploject Virginia Beach has no "A" off-,
largest and most 'Impre@riensiv @lex. )i@; b the
w"'
Tide e corpora t c"'Pllx @ the
7 Is the site currently zoned for th, Isu of beinq proposed
fOr industrial revenue bond fina,,,i,,3? ye s X No
8. Has a bond Purchase agreement/commitment been accepted by
the applicant? (attach a,copy) yes No X
9- Will the bond firian,ing close within 90 days from th,
date of adoptior, of the inducement resolution? Yes X
No Assuming allocation'at the time Of inducement
10. Location of Project (attach location Map) soutl) c)f b'rank(-,l
West of th,,
17. Explanation of alternative financing that has been
reviewed for project
unfeasible oject,
corporate and commerci,l center k)y provicling typ, f
offic(-' SPace and @ o
support services presently not available.
I hereby certify that the information Stated in the above
Economic ImPalt Statement-is accurate and tr,, in all re,--P(,C.t--.
(Appll(zn,)
Subscribed ,d sworn to before me this day of
1984.
N.t.ry P-1111,
MY Commission Exoires:
0
2
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C)
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(D
PRUJECT NA14E: Lynnhaven Corporate Plaza III
PROJECT ADDRESS: Soutli side of Frankel Lane, approximately 1,750 feet
west of the intersection of Frankel Lane @ilia
Lynnhaven Parkway, Virqinia Beach, Virginia
TYPE OF PROJECT: Office park including attendant space fol, retail
sale of goods and services, and parking, consisting
of approximately 100,00 square feet
RESOLu,riON APPROVING TFIE ISSUANCE
O@' INDUSTRIAL DEVI@@LOPMENl. l@l@'VENUE BOND.,,
I
(Lyiinhaveii Corporate Plaza iii)
WIIEREAS, the City of Virginia Beach Development Authority
(ti-, "Autliority") has considered the application of Lynnf)aven
Corporate Plaza III, a Virginia limite(i partnership, or ijiy
partnership or corporation of which Jahn Wallace Sumiils is
a partner or shareholder (the "Company") for the issuanc(2
of the Authority's industrial development revenue bonds in
ail aniount not to exceed $10,000,000 (the "Bonds") to assist
in the financing of the Company's acquisition, construction
and equipping of an office park including attendant space
for retail sale of goods and services, and parking, consisting
of approxiinately 100,000 square feet, to be locate(i on til(,
soutli side of Frankel Lane, approximately 1,750 feet west
of the intersection of Frankel Lane and Lynnhaven Parkway
in the City of Virginia Beach, Virginia (the "Facility"),
and lias held a public hearing thereon on December 10, 1985;
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, zis amen(led;
and
WHEREAS, pursuant to Section 1.5.1-1378.1 of the Code
of Virginia, 1950, as amended, a copy of the Authority's
Resolution approving the issuance of the Bonds, subject to
terais to be mutually agreed upon, and a reasonably detaile(i
suiiimary of the coinments expressed at the public hearing,
it aiiy, liave been filed with the Council of the City of Virginizi
Beacli, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY, THE CITY COUNCIL OF
'PHE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, VirgiilL@i
approves the issuance of the Bonds by the City of Virgiiiict
Beacti Developuteiit Authority for the benefit of Lynnhav(@il
Corporate Plaza III, or any partnership or corporati.on of
which Jahn Wallace Summs, is a partner or shareholder, to
the exteiit of and as required by Section 103(k) of the Iritei-nal
Revenue Code, to permi-I the Authority to assist in the lin@ijicing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as
tlie Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest tilereoli
or other costs incident thereto except from the revenues
aiid nioneys pledged therefor, and neither the faith or credit
nor the taxing power of the Comrnonwealth, the City, or the
Authority shdll be pledged thereto.
-2-
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, einployocs,
and agents, shall not be liable and hereby disclailds ill
liability for any damages to any person, direct or consequential,
resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including, but not limited
to, any decision by the Authority in its sole discretioll
to allocate its allowable industrial development bond volunie
to one or more other projects if the issuance of tax exeinpt
bonds by the Authority is restricted by any state or federal
statute now or hereafter enacted; or (2) the Authority's
failure for aiiy reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
development revenue bonds by the Authority is restrictc,(]
by any state or federal statute now or thereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quoruin of the Council of
the City of Virginia Beach, Virginia on December 16-1 198J.
-3-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Gordon A. Rudolph
2. LOCATION: Northeast corner of the intersection of
Virginia Beach Blvd. and lqitchduck Road
3.. DESCRIPTION OF PROJECT; Shopping Center
4. AMOUNT OF BOND ISSUE: $3,500,000
5. PRINCIPALS: Gordon A. Rudolph
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property B-2
b. is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL RLVE-NUE BOND FINANCING
D,%TE: NOVEMBER 15, 1985
TO: I'liE CITY COUNCIL OF VIRGINIA BEACII, VIRGINIA
PI,GJECT NAME: GORDON A. RUDOLPH
TYPE OF FACILITY: SIIOPPING CENTER
1. Maximum aniount of financing sought $ 3,',00,00()
2. Estiinated taxable value of the facility's
real property to be constructed iri the
iaunicipdlity $ 3 , 5 0 0 1 0 0 0
3. Estimdted real property tax per year
using presetit tax rates $ 24,000
4. Estimated personal property tax per
year using present tax rates $ 5,000
5. Estimated merchants' capital (business
licen6e) tax per year using pre@ent tax
rates $ N/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 800,000
7. Estiiuated number of regular einployees on
year round basis $ 65
8. Average annual salary per employee $ 12, SE)t)
The inforiuation contained in this Statement is based solely on
filcts and estiinates provided by the Applicint, and the Authority tiis
,iiade no ind@I)endent investigation with respect thereto.
City of virgiiiia 3eacn
Development Authority
By_
Chil i riuri
ECONOMIC 114PACT STATEMENT
1. AIROunt Of investment
2. Amount of industrial revenue bond financing $ 3@500, 000
sought
3. rstimated taxable value of the facility's real $ 3.50(i ooo
property to be constructed iri the City of
Virginia Beach
4. Estimated real prc)perty tax per year using $ 3,200,000
Present tax rate
$ 25, 600
5. Estimated personal property tax $ 5, (-)00
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs possible
B. Payroll generated $ Av. Wage $ 12,500
C. Nuliiber of jobs retained
D. Payroll retained $ Av. Wage $
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.):
Type Value
TOTAL LI,100,000
F. Estimated building permit fee and other municipal
fees $ 25,000
G. Estiinated construction payroll $ 800 000
H. Estimated value of constrUCtion material to
be Purchased within the CitY Of Virginia
Virginia Beach $1 110 000
I. Estimated number of construction jobs 65
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project This proiect will create new jobs and
d @ tax base.
7. Is the site currently zoned for the specific use being proposed for
industrial revenue bond financing? Yes 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 fiom the date of adoption
of the the inducement resolution? Yes No -x
10. Location of project (attach location map) I-Sil --Or of
Virqinia Beacl, levard and
11. Explanation of alternative financing that has been reviewed for
project
Impact statement
I hereby certify that the information stated in the above Economic
is accurate and true in all respects.
(App icanti'
1985. Subscribed and worn to before me this day of
N
My commission Expires:
9
PAY
CHESAPEAKE
BEACH
NAME OF P Gordc)n A. Rudolph
PM= ADDRESS: Northeast corner of virginia j3lvd.
Witchduck Road
TYPE OF PRO=: Retail Shopping Center
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
GORDON A RUDOLPH
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Gordon A.
Rudolph or any partnership of corporation of which Gordon A.
Rudolph is a partner or shareholder (the Company), for the
issuance of the Authority's industrial development revenue bonds
in an amount not to exceed $3,500,000 (the Bondg) to assist in
the financing of the Company's acquisition, construction, and
equipping of a 60,000 square foot shopping center (the Facility)
to be located at the northeast corner of the intersection of
Virginia Beach Boulevard and Witchduck Road, in the City of
Virginia Beach, Virginia, and has held a public hearing thereon
on December 10, 1985, and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
iBsuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as
amended, a copy of the Autbority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approve the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Gordon A. Rudolph or any
partnership or corporation of which Gordon A. Rudolph is a
partner or shareholder, to the extent of and as required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and monies
pledged therefor, and neither the faith nor credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on December 16 1985.
12072/js/COM
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Providence Development Associates
2. LOCATION: South side of Providence, Road at Lord-
Dunmore Drive.
3. DESCRIPTION OF PROJECT; Two commercial buildings comqrising eleven
office condominium units.
4. AMOUNT OF BOND ISSUE: $535,000.00
5. PRINCIPALS: Hpnrg A- Shonk, Stanley L. Harrison,
R. A. Lawson, Jr., Malcolm s. Van de Water
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
11/5/83 EXHIBIT C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: December 10, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: PROVIDENCE DEVELOPMENT ASSOCIATES
TYPE OF FACILITY: OFFICE CONDOMINIUM (Refunding)
1. maximum amount of financing sought $ 540,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ N/A (built)
3. Estimated real property tax per year
using present tax rates $ 5,600.00
4. Estimated personal property tax per
year using present tax rates $ 1 000.00
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goc>ds
and services that will be purchased not estimable due to
locally $ present varancip,
7. Estimated number of regular employees on
year round basis $ 40
8. Average annual salary per employee $ 1 5,000, 00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
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PROJECT NAME: PROVIDENCE DEVELOPMENT ASSOCIATES
PROJECT ADDRESS: PROVIDENCE ROAD AT LORD DUNMORE DRIVE
TYPE OF PROJECT: OFFICE (Already Built)
THIS IS A REFUNDING ISSUE
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 16th day of December, 1985.
RESOLUTION OF CITY COUNCIL
APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REFUNDING REVENUE BONDS TO
PROVIDENCE DEVELOPMENT ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the
application of Providence Development Associates, a Virginia general
partnership (the "Company"), for the issuance of the Authority's
industrial development refunding revenue bond or bonds in an amount
estimated at $535,000.00 (the "Bonds") to assist in the refunding of
the Authority's $625,000 1982 Industrial Development Revenue Bond
(Providence Development Associates Project), issued December 17, 1982,
to assist in the financing of the acquisition, construction, and
equipping of two commercial office buildings (the "Project") on the
south side of Providence Road at Lord Dunmore Drive, in the City of
Virginia Beach, Virginia (the "City"), and has held a public hearing
thereon on December 10, 1985.
WHEREAS, the Authority has requested the City Council (the
"Council") of the City, to approve the issuance of the Bonds to comply
with Section 103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, the fiscal
impact statement and a record of the public hearing has been filed
with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council approves the issuance of the Bonds by the
Authority for the benefit of Providence Development Associates to the
extent required by Section 103(k) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the Bonds or
the creditworthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees, and
agents, shall not be liable and hereby disclaims all liability for
damages to any person, direct or consequential, resulting from the
Authority's failure to issue bonds for the Project for any reason.
4. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on December 16, 1985.
WLN.RES.PDA.12/6/85 - 2 -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1- PROJECT NAME: James H. Capps and Clara E. Capps
2. LOCATION: 1503 Atlantic Avenue
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 53-Unit Motel
4. AMOUNT OF BOND ISSUE: $1,858"ooo
S. PRINCIPALS: James 11. Capps
Clara E. Capps
6. ZONING CLASSIFICATION:
a. Pres@nt zoning
classification of the
Property H-2
b. Is. rezoning proposed? Yes No X
C. If sOr tO what zoning
classification?
11/5/83 EXHIBIT C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCIIJG
DATE: December 10, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEAC-H, VIRGINIA
PROJECT NAME: James H. Capps and Clara E. Capps
TYPE OF FACILITY: 53-Unit Motel
1. Maximum amount of financing sought $1,858,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $2,600,000
3. Estimated real property tax per year
using present tax rates s 23,000
4. Estimated personal property tax per
year using present tax rates $ 5,000
5. Estimated merchants' capital (business
license) tax per year using present t.ax
rates $ 2,000
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 165,500
7. Estimated number of regular employees on
year round basis $ 6
8. Average annual salary per employee $ 10,000
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 Authorit:,,
By
Chairman
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01"Itlonic or mechanic
PROJECT NAME: James H. Capps and Clara
E. Capps
PROJECT ADDRESS: 16th and Atlantic
Virginia Beach, Virginia 23451
TYPE OF PROJECT: Motel
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 17th day of December, 1985.
On motion by
and seconded by the follow-
ing Resolution was adopte
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING BONDS FOR JAMES H.
CAPPS AND CLARA E. CAPPS
WHEREAS, the CitY of Virginia Beach Development Authori-
ty (the Authority) has considered the application of
James H. Capps and Clara E. Capps (the Company) for the
issuance of the Authority's industrial development revenue
refunding bonds in an amount not to exceed $1,858,000 (the
Bonds) to prepay in full the outstanding principal balance of
the Authority's $1,900,000 1983 Industrial Development
Revenue Bond (James H. Capps and Clara E. capps Facility)
issued to finance the Company's construction and equipping of
a 53 unit motel facility (the Facility) located at 16th and
Atlantic Avenue in the City of Virginia Beach, Virginia, and
owned by the Company, and has held a public hearing thereon
on December 10, 1985; 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 State-
ment 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 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 incide,t
thereto except from the revenues and moneys pledged therefor,
and neither the faith or credit nor the taxing power of the
Commonwealth, the City or the Authority shall be pledqed
thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
16
Virqinia, on December *W, 1985.
2
- 22
Item II-J.2
RESOLUTIONS/ORDINANCE ITEM # 24700
Greg Kraemer, representing Arthur Young and Company, presented a study of
the Capital Costs of the Water System of the City of Viriginia Beach in
order to determine a customers' proportionate share of capital costs per
unit of capacity.
The following spoke in OPPOSITION to the Ordinance:
V. A. Etheridge
Richard D. Guy
Ronald D. Morrison
A MOTION was made by Councilman Jennings, seconded by Councilman McCoy to
DEFER until the City Council Meeting of January 6, 1986, an Ordinance to
AMEND and REORDAIN Sections 37-7, 37-8, 37-9, 37-10, 37-11, AND 37-12 AND
ADD Sectons 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach,
Virginia, pertaining to Tap and Meter lustallation Fees and Water Resource
Recovery Fees.
A SUBSTITUTE MOTION was made by Councilwoman Oberndorf, seconded by Vice
Mayor McClanan to ADOPT an Ordinance to AMEND and REORDAIN Sections 37-7,
37-8, 37-9, 37-10, 37-11, and 37-12 AND ADD Sections 37-7.1 and 37-7.2 to
the Code of the City of Virginia Beach, Virginia, pertaining to Tap and
Meter Installation Fees and Water Resource Recovery Fees.
Voting: 3-8 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 23 -
Item II-J .2
RESOLUTIONS/ORDINANCE ITEM # 24700 (Continued)
Upon Motion by Councilman Jennings, seconded by Councilman McCoy, City
Council DEFERRED until the City Council Meeting of January 6, 1986,
retroactive date December 16, 1985, with DFU not to exceed $95/per drainage
unit equivalent:
Ordinance to amend and reordain Section 37-7,
37-8, 37-9, 37-10, 37-11, 37-12 and ADD Sectious
37-7.1 and 37-7.2 to the Code of the City of
Virginia Beach, Virginia, pertaining to tap and
meter Installation Fees and WATER RESOURCE
RECOVERY FEES
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
December 16 1985
- 24 -
Item II-K.1
RESOLUTION/ORDINANCE ITEM # 24701
Ronald Morrison, resident of Virginia Beach, spoke in OPPPOSITION to said
Resolution.
Michael Barrett, Assistant City Manager and Director of the Virginia Beach
Resort Area Advisory Commission, spoke in support of this Resolution
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech,
City Council ADOPTED AS AMENDED*:
RESOLUTION TO PROVIDE DIRECTION TO THE PLANNING
COMMISSION, THE RESORT AREA ADVISORY COMMISSION
AND THE CITY MANAGER WITH RESPECT TO CONTINUING
PLANNING NECESSARY FOR THE RESORT REVITALIZATION.
*Provisions 1, 2, 3, 4, and 5 shall be AMENDED to
include reference to the MICKIEWICZ-ROBERTSON,
LTD. report on the ATLANTIC "ENUE
REVITALIZATION. All reference to outside
consultants shall be deleted.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 16 1985
- 24a -
A RESOLUTION TO PROVIDE DIRECTION TO THE PLANNING COMMISSION, THE
RESORT AREA ADVISORY COMMISSION, AND THE CITY MANAGER WITH RESPECT
TO CONTINUED PLANNING NECESSARY FOR RESORT REVITALIZATION
WHEREAS, the goals and objectives of the Resort Area Advisory Commission as
set forth in tbe Immediate Action Program of the Commission have been in large measure
accomplished;
WHEREAS, the demonstration projects and additional capital projects have been
identified and funded as part of the City's Capital Improvement Program and are now
being planned and designed;
WHEREAS, the Commission has continued work on its charge from the City Council
by Resolution dated April 2, 1984, and has initiated a program to secure comment and
advice from the general public about its proposals and plans;
WHEREAS, the Planning Commission has established a sub-committee of the Commis-
sion to act as a liaison with the Resort Area Advisory Commission to work cooperatively
on areas of mutual interest and concern; and
WHEREAS, the City Council wishes to encourage the efforts of both the Planning
Commission and the Resort Area Advisory Commission in developing recommendations
for it to consider in regard to the revitalization of the Resort Area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that it hereby expresses its desire for further advice from the
Commissions mentioned herein and the City Manager in the following respects:
1. Land Use and Zoning. The Council requests the Planning Commission and
the Resort Area Advisory Commission to develop a refined comprehensive land use plan
for the Oceanfront Study Area taking into account the report of the Urban Land
Institute. In conjunction with this task the respective Commissions should develop a
joint list of agreed upon goals for improvement of the Zoning Ordinance and such
amendments thereto as they shall deem advisable for the Oceanfront Area. A Planning
Commission recommendation on this is requested by June 1, 1986.
2. Financing. The Council requests the Resort Area Advisory Commission, in
conjunction with the City Manager, to develop a proposal for the financing of resort
revitalization projects which balances public and private resources. The proposal is
requested to be presented to City Council by June 1, 1986.
3. Traffic Circulation. The Resort Area Advisory Commission has proposed a
resort circulation pattern for review by City Staff. Upon receipt of the formal review,
the City Manager is requested to develop a final proposal for consideration by City
Council.
4. Parking. The Coinmissions are requested to develop a detailed plan, including
possible land acquisition sites, for satellite parking in the resort area. This plan should
be coordinated with the proposed TRT transportation facility and the Mickiewiez-
Robertson study. In addition, the Resort Area Advisory Commission, in conjunction
with the City Manager, is requested to develop a proposal for a parking authority for
the operation of existing municipal parking facilities in the Oceanfront Area and the
acquisition and operation of proposed new facilities.
5. Urban Design. The staff, with advice from the Resort Area Advisory
Commission, is requested to develop an RFP for design services to guide public and
private development in the resort center. This product should outline the design
guidelines in easily readable and clear graphic form intended for use by developers,
property owners, and commercial tenants of the resort center.
ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 16th day
of December, 198,5.
25 -
Item II-K.2
RESOLUTION/ORDINANCE ITEM 24702
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED:
RESOLUTION TO PROVIDE HEALTH CARE COVERAGE TO
VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE PRIOR TO
AGE 65 WITH AT LEAST 25 YEARS OF SERVICE CREDIT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberudorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-25a
A RESOLUTION TO PROVIDE HEALTH CARE COVERAGE
TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE
PRIOR TO AGE 65 WITH AT LEAST 25 YEARS OF
SERVICE CREDIT
WHEREAS, the Mayor and a Council Committee appointed by Council desires
to provide health care coverage to certain retiring employees, and
WHEREAS, it is felt that these employees should, through this coverage,
be recognized for their many years of service to the City,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that City staff make provisions to continue health
care coverage to City employees who retire on or after June 30, 1986 before
age 65 with 25 years of service credit through a Health Maintenance
Organization, until they reach age 65, on the same basis as coverage
provided to City employees.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 16 day Of December 1985.
PitOVED AS TC)
- 26 -
Item II-K.3
RESOLUTION/ORDINANCE ITEM # 24703
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED:
ORDINANCE TO AMEND AND REORDAIN Sections 2-119
and 2-120 of the Code of the City of Virgiuia
Beach, Virginia, pertaining to Sick Leave
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 16, 1985
-26a
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 2-119 AND 2-120 OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO SICK LEAVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-119 and 2-120 of the Code of the City
of Virginia Beach, Virginia, pertaining to sick leave, are hereby
amended and reordained as follows:
Section 2-119. Sick leave.
(a) Sick leave shall be defined as leave with pay granted to
an employee during periods of personal illness, temporary
disability (including maternity), medically required confinement,
and medical and dental office appointments.
(b) All full-time, merit (including probational) employees
and appointees and full-time temporary employees shall be
eligible to receive sick leave based on the following
provisions:
(1) Sick leave shall be credited at the rate of eight
(8) hours per month of employment with the city. A proportionate
number of hours shall be awarded for a partial month's work.
Employees shall be allowed to accrue an unlimited number of sick
leave hours.
(2) The department head may at any time require the
employee to provide written medical documentation of his
illness.
(3) All employees eligible to accrue sick leave who
were employed prior to the effective date of this ordinance shall
begin the sick leave system with a 'beginning balance" of
available sick leave hours.
(4) An employee's "beginning balance" shall be
determined by subtracting the hours of sick leave used by such
employee prior to the effective date of this ordinance from those
hours which would have been earned under the provisions of this
section had it been in effect since January 1, 1963. In the
-26b
event that records which are necessary to compute an employee's
'beginning balance" are unavailable, it shall be assumed that
each employee earned four (4) hours of sick leave for every
month that said records are unavailable.
(5) The "beginning balance' of SiCk leave hours
available for use by an employee as of the effective date hereof
shall be noted in the employee's personnel file. However, those
employees with a negative "beginning balance- shall begin with a
balance of zero (0) sick leave hours.
(6) The hours of sick leave earned for each hour
worked by firefighters shall be computed by multiplying the
number of hours worked by a factor of .046.
(7) An emplovee's sick leave balance shall revert to a
-'zero" balance u n the change in number of hours from full-time
status to part time status.
(8) ---lovees in an approved extended sick leave
status (more tha five (5) wor January 1, 1986,
shall remaiin undoe the provisions of the citv-s current sick
leavo I their return to work. Upon the employee's
retu n to work t eir beginninq sick leave balance would be
calculated as specified in paragraph (4). above.
Section 2-120. Extended sick leave.
(a) There is hereby established an extended sick leave
review board consisting of five (5) qualified voters appointed by
the city Manager for a term of three (3) years each. of those
first appointed, one shall be appointed to serve for one (1)
year, two for two (2) years and t- for three (3) years.
Thereafter, members shall be appointed for the full term of three
(3) years. Two members shall be from management below the
department-head level, two members shall be nonmanagement
employees and one member shall be selected from the community
at-large.
(b) A majority of the members of the extended sick leave
review board shall constitute a quorum. The board shall meet on
-2-
- 26c
an as-needed basis, but no later than fifteen (15) days after an
application has been received as provided for in the next
subsection.
(c) Applications for extended sick leave shall be submitted
by the department head to, and shall be processed by, the
personnel department. Any application for extended sick leave
must fulfill all of the following criteria at the time of
application:
(1) The application must show that the employee is
eligible to take sick leave as defined in section 2-119 of the
City Code;
(2) All sick leave, annual leave and compensatory
leave earned by the employee must be exhausted at the time of the
application. in cases where seriousness of illness makes
required extension obvious, the employee may apply twenty (20)
working days prior to predicted exhaustion of all leave.
(3) The employee must be diagnosed by a physician as
having an illness requiring absence from work for at least six
(6) working weeks for any given illness.
The director of the department of personnel shall be required
to call a meeting of the extended sick leave review board when an
applicant has been received in the manner stated above.
(d) The jurisdiction and authority of the extended
sick leave review board shall be limited to authorizing the
granting of additional paid sick leave to a qualified employee
for a period of time not to exceed two hundred forty (240)
consecutive working hours at a time. This board may consider and
award extended sick leave to an employee not more than twice in
any consecutive twelve-month period. The second award, if
granted, may or may not be consecutive with the first award. A
decision to award extended sick leave to any employee shall be
reached by majority vote of the members of the board present at
the meeting. The employee shall be notified of the board's
decisions within five (5) calendar days after the meeting of the
board involving that employee.
-3-
- 26d -
(e) The extended sick leave review board is hereby empowered
to adopt rules and regulations pertaining to the board procedures
to be followed before the board. All such rules and regulations
shall be adopted by the majority vote of all the members of the
board, shall be signed by the chairman of the board and shall be
lodged with the secretary of the board. Such rules and
regulations shall be available in the office of the department of
personnel during regular business hours. The extended sick leave
review board is authorized to amend or rescind any previously
adopted rule or regulation by a majority vote of all members of
the board.
(f) The director of personnel or a designated
alternate staff member shall serve as secretary to the extended
sick leave review board and shall attend all meetings with no
voting rights. The city physician shall serve as medical advisor
to the extended sick leave review board with no voting rights.
(g) Upon the employee's return to work, one-half of
all future sick leave accrued shall be used to repay any extended
sick leave granted hereunder until full repayment has been made
after which time the employee shall accrue the full amount of
sick leave to which he would otherwise be entitled. E_mployees
ma_~_ not be required to re a sick leave ranted b the extended
sick leave review board if th~delines adopted
b_]Lthe board. ~not have to re--heir extended
~ior to re~additiona1 sick leave.
(h)-_~_~_~On termination fr__om the Cit~ee shall
not have to re a their extended sick leave ranted b the
extended sick leave review board. Em lo ees reinstated to the
~inia Beach shall be re uired to re a such leave ~
gntil full repayment has been made
Adopted by the Council of
Virginia, on this 16
RMB/da
(H)
12/11/85
the City of Virginia Beach,
_ day of December
, 1985.
APPROVED AS TO CONTE~?£
-4-
- 27 -
Item II-K.4.
ADD-ON ITEM # 24704
Upon motion by Vice Mayor Reba S. McClanan, seconded by Councilman Robert
G. Jones, City Council ADOPTED:
ORDINANCE TO EXTEND THE TIME PERIOD FOR
PROHIBITING THE APPROVAL AND ISSUANCE OF PERMITS
FOR THE CONSTRUCTION OF STREETS DRAINAGE, SEWER,
AND/OR WATER FACILITIES WITHIN THE AREA OF THE
CITY OF VIRGINIA BEACH, VIRIGNIA, BOUNDED BY THE
GREEN LINE
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Louis R. Jones, Robert G. Jones and Vice Mayor Reba
S. McClanan
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jennings, Jr. and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 16, 1985
-27a -
AN ORDINANCE TO EXTEND THE TIME
PERIOD FOR PROHIBITING THE APPROVAL
AND ISSUANCE OF PERMITS FOR THE
CONSTRUCTION OF STREETS DRAINAGE,
SEWER, AND/OR WATER FACILITIES
WITHIN THE AREA OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BOUNDED
BY THE GREEN LINE
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has previously passed an ordinance (hereinafter "The
Ordinance") on January 14, 1985, which stated that the City shall
not approve any plans or issue any permits for the construction
of various streets, drainage facilities, water and sewer
facilities, and other facilities below the green line, which
Ordinance is attached hereto as Exhibit A and incorporated herein
by reference: and
WHEREAS, the Council for the City of Virqinia Beach, on
December 9, 1985, received a report from Harland Bartholomew &
Associates, Inc., entitled "Growth Impact Analysis for the
Courthouse-Sandbridge Study Area," dated December 1985, which
report provided the City Council with various mechanisms to
attempt to solve the rapid growth problems referenced in The
ordinance and which report also provided City Council with
various approaches for funding these proposed solutions; and
WHEREAS, the Council for the City of Virginia Beach
finds that additional public hearings should be held to discuss
the various aspects and implications of this report; and
WHEREAS, the Council for the City of Virginia Beach
further finds that additional consideration of the various
funding options for the recommendations listed in the Bartholomew
Report needs to be done; and
WHEREAS, the Council further finds that until additional
public hearings and additional consideration of funding
mechanisms take place, the course of conduct for the City stated
in The Ordinance should remain unchanged,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
-27b -
That, prior to July 1, 1986, or at such earlier date as
City Council may establish upon receipt of the Implementation
Plan, the City shall not approve any plans for or issue any
permits for the construction of any public or private facility,
sewer facility, or erosion and sediment-control facility
(hereinafter collectively the "Improvements") to serve any parcel
or parcels of residentially-zoned property for the purpose of
constructing more than one single-family residence or to serve
any parcel or parcels of commercially-zoned property in excess of
three (3) acres situate within the area of the City of Virginia
Beach, Virginia, bounded by the Green Line where the actual
construction of the Improvement has not begun and/or where an
erosion and sediment-control plan has not been approved and an
erosion and sediment-control bond posted as of the date of this
ordinance and where the Improvements or the residential or
commercial zoning classification of the property do not conform
to the recommendations set forth in the Implementation Plan.
2. That wherever the provisions of this Ordinance
conflict with any other ordinance or provision of the Code of the
City of Virginia Beach, Virginia, including any appendix thereto,
the provisions of this Ordinance shall be controlling, provided,
however, that nothing contained in this Ordinance shall prohibit
the City from performing operations and maintenance activities or
making capital improvements for which funds have been or may be
appropriated in order to protect the health, safety, and welfare
of the citizens of the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 16 day of December 1 98 5
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- 28 -
Item II-K.5
ADD-ON ITEM # 24705
V. A. Etheridge, represented an apartment complex (Oxford Development
Company) and spoke concerning the effective date of the Ordinance
relative Tap aud Meter Installation Fees aud Water Resource Recovery
Fees. Mr. Etheridge requested Exemption.
BY CONSENSUS, City Council SCHEDULED A SPECIAL MEETING for December 19,
1985, at 1:00 P.M., for further consideration of EXEMPTIONS to:
Ordinance to amend and reordain Sections 37-7,
37-8, 37-9, 37-10, 37-11, and 37-12 and add
Sections 37-7.1 and 37-7.2 to the Code of the
City of Virginia Beach, Virignia, pertaining to
Tap and Meter Installation Fees and Water
Resource Recovery Fees.
- 29 -
ITEM II-L
CONSENT AGENDA ITEM # 24706
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and
14
Item 3 was voted upon separately
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, *Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Gouncil Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
*Vice Mayor Reba S. McClanan Registered a VERBAL NAY on Item #5
- 30 -
ITEM II-L-1
CONSENT AGENDA ITEM # 24707
Upon motion by Councilman Fentress, seconded by Councilman Jenaings, City
Council ADOPTED:
Resolution to induct into the City's HALL OF FAME:
C. Mac Rawls
Cecil B. Leary, Jr.
Deborah V. McBride
David C. Sullivan
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
-30a-
4b
lit,oialuttlitt
WHEREAS, the City o6 Vitginia Beach haA many emiotoyee,6 who have
gone beyond theZA job da@@n4 and b)tought new and innovative idea6
to th@ pozition.6 that have imptoved wotk and 6eAviceA; and
WHEREAS, many othea emptoyee.6 have made contAib@n.6 in th6A own
wayz; and
WHEREAS, the City o6 Vi4ginia Beach woutd tike to tecognize the6e
emptoyeez and pay taibute to them annuaety by inducting zevetat who
exemvUgy the out6tanding City emptoyee into the CITV EMPLOYEE HALL OF
FAME; and
WHEREAS, the,6e emptoyee,6 have been nominated and Aetected by th6A
6eMw City emptoyee6; and
WHEREAS, C. MAC RAWLS oi the ViAginia Matine Science Mu.6eum ha4
been 6etected to be inducted into the 1985 CITY EMPLOYEE HALL OF FAME
60-t hi.6 out6tanding e66o@ on behat4 o6 the City o6 Vitg@ Beach
and the Vi4ginia M@e Science Mu6eum;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
heAeby exp)Le4,6e6 it,6 appteciation to C. MAC RAWLS jo4 hi-6 out6tanding
contAibution,6 a,6 an emptoyee o6 the City o6 Vikginia Beach and @end6
it6 cong@utation,6 on being Aetected a.6 one o6 the 6iAzt to be inducted
into the VIRGINIA BEACH CITV EMPLOVEE HALL OF FAME.
On behat4 o6 the Vi4ginia Beach
C@ Councit, given undea my
handiand 6eat t@ 16th dail o6
Mayo,k
-wlw -
WHEREAS, the City o6 Vitginia Beach hu many emptoyee.6 who have
gone beyond theit job deAcAiptionA and btought new and innovative idea6
to th@ position4 that have imp4oved wotk and 4eAvice,6; and
WHEREAS, many othea emptoyee6 have made contAibution4 in theia own
way.6; and
WHEREAS, the City o4 Vitqinia Beach woutd tike to flecognize the.6e
emptoyee,6 and Pay t4ibute to thein annuatty by inducting seveut who
exempti6y the out6tandZng City em.ptoyee into the CITY EMPLOVEE HALL OF
FAME; and
WHEREAS, the6e emptoyee,6 have been nominated and Aetected by thua
6ettow city em@yee.6; and
WHEREAS, CECIL B. LEARY, JR., oi the Dep@ent o4 Gen@ SeAvice6
ha6 bee-n 6etected to be inducted into the 1985 CTTY EMPLOVEE HALL OF FAME
6o,t hiz out6tandinq e66o@ on behat6 o6 the City o6 Vitginia Beach
and the Dep@ent o6 Genna SeAvice,6;
NOW, THEREFORE, THE COUNCTL OF THE CITY OF VTRGINIA BEACH, VIRGINIA#
heAeby expte.6.6u it6 app4eciation to CECIL B. LEARY, JR.'6ot hiz out6tandinq
cont4ibutions " an emptoyee o6 the City o6 ViAg'@' Beach and extend6
it6 cong on6 on being zetected a6 one o6 the 6iut to be inducted
into the VTRGTNTA BEACH CITY EMPLOYEE HALL OF FAME.
On be-hat; o6 the Vitginia Beach
C-ity Councit, given undea my
hand and seat thi-6 16th day o6
Mayok
WHEREAS, the City o6 ViAginia Beach haa many emiotoyea who have
gone beyond tha& job deAcAiptions and b"kt new and innovative idea,&
to theit po4ition6 that have imp4oved wotk and 6eAvice,6; and
WHEREAS, many othea emptoyee,6 have made co@butiou in th@ own
wayz; and
WHEREAS, the City o4 ViAginia Beach would tike to tecognize theae
emptoyee,6 and pay t)tibute to them annuatty by inducting 6evvut who
exempti6y the out6tandtng City emptoyee into the CITV EMPLOVEE HALL OF
FAME; and
WHEREAS, the,6e emptoyee,6 have bee-n nominated and 4etected by theia
6@w City emptoyee6; and
WHEREAS, DEBORAH V. McBRIDE o@ the Depakbnent o6 GeneAa SeAvice.6
h" been,6etected to be inducted into the 1985 CITV EMPLOVEE HALL OF FAME
6o)t heA out6tanding e66o@ on behat4 o6 the Cit
y c6 ViAginia Beach
and the Dep@ent o4 GeneAat SeAvicu;
NOW, THEREFORE, THE COUNCIL OF THE CITV OF VIRGINIA BEACH, VIRGINIA,
heAeby expte,64e,6 itA apoteciation to DEBORAH V. McBRIDE @,o)L heA out,6tanding
contAibution,5 az an emptoyee o6 the City o4 VUginia Beach and exten@
it6 cong@ation6 on being 4etected a6 one o4 the 6iut to be inducted
into the VIRGINIA BEACH CITY EMPLOYEE HALL OF FAME.
On behatk o6 the Vitginia Beach
City Councit, given undea mif
hand and.6eat tki,6 16th day 06
5
WHEREAS, the City o4 Vitginia B@h ha4 many emptoyee6 who have
gone beyond thei& job deAcAiption6 and b4ought new and innovative idea6
to theia position6 that have imP4oved wotk and zeavicu; and
WHEREAS, many othea emptoyee,6 have made contAibution,6 in thei,, ow,,
wayz; and
WHEREAS, the City o6 Vitginia Beach woutd tike to itecognize the,6e
emptoyee-6 and PaY t'Libute to them annuatty by inductingseveut who
exempt.i4y the out4tanding City emptoyee into the CTTY EMPLOVEE HAL[ OF
FAME; and
WHEREAS, theze emptoyeea have been nominated and 6etected by thei4
6@w CitY emptoyea; and
WHEREAs, DAVID C. SULLIVAN o6 the De@ent 04 Ptann,'cn
haA been Aetected to be inducted into the 1985 CITY EMPLOYEEGHALL OF FAME
60)t hi,6 2ut,6tanding e66o@ on behat4 o; the City o4 ViAginia Beach
and the Vep@ent o6 P@nzng;
NOW, THEREFORE, THE COUNCIL OF THE CTTY OF VTRGINTA BEACH. VIRGTNTA,
heAeby exp4e,6ze6 it6 appiceciation to DAVID C. SULLIVAN @o4 hi6"out6tan g
contAibution6 az an emptoyee o6 the City o6 Vikginia Beach and extend6din
it6 cong onz on being 6&-ected az one OK the @iut to be inducted
into the VIRGINTA BEACH CTTV EMPLOYEE HALL OF FAME.
On behat6 o4 the Vitginia Beach
City Counat, given undea my
hand and seat this 16th day c6
De5rbeA, 1985
P,
- 31 -
ITEM II-L-2
CONSENT AGENDA ITEM # 24708
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to authorize acquisition of property in fee
simple for right-of-way for Rudee Inlet dredging and
the acquisition of temporary and permanent easements of
right-of-way, either by agreement or by condemnation
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
er
-31a
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
WAY FOR RUDEE INLET DREDGING AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT OF WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION
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 construction of
this important project to provide maintenance of Rudee Inlet and
for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation, pursuant to
Sections 15.1-236 et seq., 15.1-898, 15.1-899, and Section
33.1-89, et seq., Code of Virginia of 1950, as amended, all that
certain real property, in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled Rudee Inlet Dredging Project, these plans being on file
in the Office of Real Estate Department of Public Works, 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, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 16 day of December 1985-
- NT
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31b
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lp
December 16 1985
- 32 -
Item II-L.3
CONSENT AGENDA ITEM # 24709
Bill Yearick represented the Bay Colony/Cavalier Park Civic League and
introduced a plan for the City to purchase surrounding property
consisting of two additional parcels and requested the necessary funds be
transferred which would amount to approximately $240,000.
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED
ORDINANCE TO AUTHORIZE THE ACQUISITION OF
PROPERTY in fee simple for the LINKHORN PARK site
and the acquisition of property either by
agreement or by condemnation;
AND,
Transfer the necessary funds ($85,000.00) for
said acquisition of land for said park site.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 16 1985
-32a
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY FOR A PARK SITE PROPERTY TO BE
ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF
PROPERTY EITHER BY AGREEMENT OR BY
CONDEMNATION AND TO TRANSFER THE NECESSARY
FUNDS FOR SAID ACQUISITION OF LAND FOR SAID
PARK SITE.
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 park site 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
Section 15.1-236 et seq. and Section 25-46 et seq., Code of
Virginia of 1950, as amended, all that certain real property, in
fee simple, as shown on the plans for 'Subdivision of Linkhorn
Bay, Section 3," on file in the Department of Public Works,
Municipal Center, City of Virginia Beach, Virginia.
Section 2. The City Attorney is hereby authorized to
make, or cause to be made, in behalf of the City of Virginia
Beach, a reasonable offer to owners or persons having an interest
in said land, if refused, the City Attorney is hereby authorized
to institute proceedings to condemn said property.
Section 3. There is hereby established a capital
project for the purchase of the site, and funds in the amount of
$85,000.00 are hereby transferred to the project from project
#4-807 Great Neck Meadows Park.
Section 4. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
6
Virginia, on the I day of December 1985.
JAR/rab
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12/11/8 5 ---- -- -
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,i y
-32b
7-1 k6
JOSEPH H NOLTE. JR., M,A,l
- 33 -
ITEM II-L-4
CONSENT AGENDA ITEM # 24710
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to amend and reordain the Code of the City of
Virginia Beach, Virginia, by ADDING Section 33-114,
pertaining to encroachment applications (Face Mounted
Signs)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
-33a -
AN ORDINANCE TO AMEND AND REORDAIN
THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING SECTION 33-114,
PERTAINING TO ENCROACHMENT APPLICATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 33-114, of the Code of the City of
Virginia Beach, Virginia, is hereby added and reads as
follows:
Section 33-114. Criteria for administrative approval of certain
encroachment applicationg.
City council hereby authorizes and requires the city
manager or his designee to approve any encroachment into public
streets, ways, places or property for a wall-mounted sign when
the following conditions are met:
(a) All the signs at the subject location, including the
proposed sign, must be in compliance with the comprehensive
zoning ordinance; and
(b) The sum of the building setback from the property line,
when added to the depth of the wall-mounted sign, must not exceed
a total of twelve inches, nor shall the depth of the sign itself
exceed twelve inches.
For purposes of this ordinance, the phrase "wall-mounted
sign" shall be defined as a permanent device attached to a wall
of the subject location in such a fashion so that the face of the
sign parallels the wall on which the sign is displayed.-
This ordinance shall not be read as authorizing any
encroachment which would be prohibited by any other part of the
city code. When an application for an encroachment meets the
criteria listed above, the provisions of section 33-113 relating
to applications and fees shall not apply to that application.
If it is determined that an application for an encroachment
does not meet either or both of the criteria listed above, then
the city manager or his designee is expressly precluded from
approving the encroachment application. The applicant must then
-33b -
follow the procedure set forth in section 33-113 of the city code
in order for said encroachment application to be considered by
city council.
Adopted this 16 day of December 1985, by the Council
of the City of Virginia Beach, Virginia.
KJC/da
6/4/8 5
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11/8/85
12/9/85
misc
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- 34 -
ITEM II-L-5
CONSENT AGENDA ITEM # 24711
Upon motion by Councilman Fentress, seconded by Councibnan Jennings, City
Council ADOPTED:
Ordinance to amend and reordain Chapter 23 of the Code
of the City of Virginia Beach, Virginia, by ADDING
Section 23-7.1 pertaining to providing identification
to police officer
Voting: 8-1
Council members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and
Meyera Oberndorf
Couricil Members Voting Nay:
*Vice Mayor Reba S. McClanan
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
*Verbal Nay
34a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CODE OF THE CITY
i, OF VIRGINIA BEACH, VIRGINIA, BY ADDING
SECTION 23-7.1 PERTAINING TO PROVIDING
IDENTIFICATION TO POLICE OFFICER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-7.1 is hereby added to the Code of the
City of Virginia Beach, Virginia, pertaining to providing
identification to police officer, and shall read as follows:
Section 23-7.1. Providing identification to police officer.
It shall be unlawful and a class I misdemeanor for any
person at a public place or place open to the public to refuse to
identify himself by name and address at the request of a
uniformed police officer or of a properly identified police
officer not in uniform, or to provide false information in
response to such a request, if the surrounding circumstances are
such as to indicate to a reasonable man that the public safety
requires such identification.
Adopted this 16 day of December 1985, by the Council
of the City of Virginia Beach, Virginia.
RMB/da
10/28/85
(A)
- 35 -
ITEM II-L-6
CONSENT AGENDA ITEM # 24712
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
deed of dedication and vacation between Pembroke Square
Associates and the City of Virginia Beach
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClannan aid Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
-35a
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF
DEDICATION AND VACATION BETWEEN
PEMBROKE SQUARE ASSOCIATES AND THE
CITY OF VIRGINIA BEACH
WHEREAS, Pembroke Square Associates, a Virginia general
partnership, hereinafter "Pembroke," is the owner of that certain
parcel of property bounded and described on sheet 2 of 2 of that
certain plat entitled "PLAT SHOWING EASEMENTS TO BE VACATED AND
EASEMENTS TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA
BY PEMBROKE SQUARE ASSOCIATES BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA," dated May 23, 1985, and prepared by Basgier and
Associates, a professional corporation, Engineers-Surveyors-
Planners, a reduced copy of which is attached hereto and made a
part hereof as Exhibit A, hereinafter the "Plat;"
WHEREAS, Pembroke desires to relocate the following
described utility and drainage easements (hereinafter referred to
as the "Easements To Be Vacated"):
1. That certain "201 UTILITY AND DRAINAGE EASEMENT TO
BE VACATED (M.B. 66, P. 8), shown as the cross-hatched area on
the Plat and bounded and described as follows:
Beginning at a point 242.23 feet
west of the intersection of the
"EXISTING 201 UTILITY AND DRAINAGE
EASEMENT" with Constitution Drive,
said point being the POINT OF
BEGINNING: thence N 73' 361 05" E a
distance of 386.49 feet to a point;
thence S 04' 571 23" w a distance of
21.47 feet to a point; thence S 73*
36' 05" W a distance of 394.31 feet
to a point; thence N 16' 231 55" W a
distance of 25.24 feet to the POINT
OF BEGINNING.
2. Those certain variable width water or utility
easements entitled "EXISTING 501 WATER LINE EASEMENT (M.B. 66, p.
37) TO BE VACATED," "EXISTING WATER LINE EASEMENT (M.B. 66, p.
37) TO BE VACATED," "EXISTING UTILITY EASEMENT TO BE VACATED
(M.B. 66, p. 37)," and "EXISTING UTILITY EASEMENT (M.B. 66, p.
37) TO BE VACATED," shown as the stippled areas on the Plat; and
WHEREAS, Pembroke has requested that the City vacate and
release its interest in the Easements To Be Vacated and, in lieu
thereof, has agreed to dedicate to the City the following
-35b -
alternate drainage and utility easements (hereinafter the
"Easements To Be Dedicated'):
1. Those certain variable width utility and drainage
easements shown as the shaded area on the Plat; and
2. Those certain "301 UTILITY EASEMENT TO BE DEDICATED
TO THE CITY OF VIRGINIA BEACH," "15' UTILITY EASEMENT TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," and '1231
UTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH,
VIRGINIA," shown as the hatched areas on the Plat; and
WHEREAS, Pembroke has agreed to relocate at no cost to
the City any and all drainage and/or utility facilities presently
existing within the Easement To Be Vacated; and
WHEREAS, it has been determined by the Departments of
Public Works and Public Utilities that the Easements To Be
Vacated are in excess of the needs of the City upon dedication of
the alternate Easements To Be Dedicated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That based on the foregoing agreements by Pembroke, the
Easements To Be Vacated are hereby declared to be in excess of
the needs of the City and the City Manager is hereby authorized
to execute a Deed of Dedication and Vacation between Pembroke
and the City (a copy of which is attached hereto as Exhibit B and
made a part hereof), wherein the City releases and quitclaims
unto Pembroke its interest in the Easement To Be Vacated; and in
lieu thereof, Pembroke dedicates to the City the alternate
Easements To Be Dedicated and agrees to relocate at no cost to
the City any and all drainage and/or utility facilities located
within the Easements To Be Vacated.
Adopted this 16 day of December 1985, by the
Council of the City of Virginia Beach, Virginia.
Ci/da
9/18/85
(B)
-2-
-35c
3 3 ELIS
14L a:
7
C)
-35d
Exhibit B
THIS DEED OF DEDICATION AND "CATION is made this
day of 1985, by and between PEMBROKE SQUARE
ASSOCIATES, a Virginia general partnership, whose current address
is 626 Pembroke One Building, Virginia Beach, Virginia, 23462,
hereinafter "Pembroke,' party of the first part, and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, hereinafter 'City,' party of the second part.
W I T N E S S E T H:
WHEREAS, Pembroke is the owner of that certain parcel of
property bounded and described on sheet 2 of 2 of that certain
plat entitled 'PLAT SHOWING EASEMENTS TO BE "CATED AND EASEMENTS,
TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BY
PEMBROKE SQUARE ASSOCIATES BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA,' dated May 23, 1985, and prepared by Basgier and
Associates, a professional corporation, Engineers-Surveyors-
Planners, which plat is attached hereto and recorded
simultaneously herewith in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, hereinafter the
"Plat;" and
WHEREAS, Pembroke desires to relocate the following
described utility and drainage easements (hereinafter referred to@
as the "Easements To Be Vacated"):
1. That certain "201 UTILITY AND DRAINAGE EASEMENT TO
BE VACATED (M.B. 66, P. 8), shown as the cross-hatched area on
the Plat and bounded and described as follows:
Beginning at a point 242.23 feet
west of the intersection of the
'EXISTING 201 UTILITY AND DRAINAGE
EASEMENT" with Constitution Drive,
said point being the POINT OF
BEGINNING: thence N 73' 361 05" E a
distance of 386.49 feet to a point;
thence S 04* 571 23' W a distance of
21.47 feet to a point; thence S 73*
361 05" w a distance of 394.31 feet
to a point; thence N 16' 23' 55" w a
distance of 25.24 feet to the POINT
OF BEGINNING.
2. Those certain variable width water or utility
easements entitled "EXISTING 501 WATER LINE EASEMENT (M.B. 66, p.
@137) TO BE VACATED," 'EXISTING WATER LINE EASEMENT (M.B. 66, p.
1137) TO BE VACATED," "EXISTING UTILITY EASEMENT TO BE VACATED
l@(M.B. 66, p. 37), and "EXISTING UTILITY EASEMENT (M.B. 66, p.
137) TO BE VACATED," shown as the stippled areas on the Plat; and
WHEREAS, Pembroke has requested that the City vacate and I
I I
@irelease its interest in the Easements To Be Vacated and, in lieu
I I
@thereof, has agreed to dedicate to the City the lollowing
,!alternate drainage and utility easements (hereinafter the
@l"Easements 'fb Be Dedicated"):
1. Those certain variable width utility and drainage
easements shown as the shaded area on the Plat; and
2. Those certain '301 UTILITY EASEMENT TO BE DEDICATED
ITO THE CITY OF VIRGINIA BEACH,'- --15- UTILITY EASEMENT TO BE
liDEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," and "231
IIUTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH,
VIRGINIA," shown as the hatched areas on the Plat; and
WHEREAS, Pembroke has agreed to relocate at no cost to
;ithe City any and all drainage and/or utility facilities presently
@'existing within the Easement To Be Vacated; and
2-
WHEREAS, in consideration of the foregoing, the City has
agreed to release its interest in the EasementS To Be Vacated.
NCYW, THEREFORE, for and in consideration of the
foregoing agreements and benefits accruing or to be accrued to
the parties hereto and for other good and valuable consideration,
the City hereby releases and forever QUITCLAIMS to Pembroke the
Easements To Be Vacated, which action was authorized by ordinancel
adopted by the Council of the City of Virginia Beach, Virginia,
on , 1985; and Pembroke hereby dedicates and
conveys with GENERAL WARRANTY and English Covenants of Title the
Easements To Be Dedicated to the City, its successors, and
assigns, to construct, reconstruct, alter, operate, and maintain
utility and/or drainage facilities, in, under, upon, and across
said easements, including the right of ingress and egress to th,
same.
It is agreed between the parties hereto that the City
its agents, assigns, and/or successors shall have the right to
inspect the Easements To Be Dedicated and to cut and clean all
undergrowth and remove any obstructions adjacent to said
easements and to make use of the adjacent property for ingress
and egress and for other activities necessary to construct,
reconstruct, alter, operate, and maintain the utility and/or
drainage facilities located therein.
Pembroke covenants and agrees for itself, its heirs,
successors, and assigns that the consideration aforementioned
shall be in lieu of any and all claims of compensation and
-3-
damages by reason of the location, construction, reconstruction,
alteration, or maintenance of the utility and/or drainage
facilities.
WITNESS the following signatures and seals.
PEMBROKE SQUARE ASSOCIATES, A
Virginia General Partnership
As@ciates r Napolitaiio, General
ck/Na'politano, Pft ner
t
BY By
Shenandal Richard E.,!Olivieri, General
By Vincent R. Olivieri, Partner
ing Par"pr
(-' (,.,! L- By: EMILIO OLIVIERI FAMILY
B Y 7-@g
Robert V. Olivieri PARTNERSHIP NO. 1, General
Olivieri,
rtner
By@
3rtFFer
by Vincent R. Olivieri, his
Attorney-In-Fact
CITY OF VIRGTNIA BEACH, A
Municipal Corporation
By
City Manager
SEAL
ATTEST:
City Clerk
-4-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that FREDERICK NAPOLITANO, General Partner of PEMBROKE SQUARE
ASSOCIATES, whose name as such is signed to the foregoing Deed of
Dedication and Vacation, has acknowledged the same before me in
my City and State aforesaid.
GIVEN under my hand this @lk day of
1985.
Notaty PubXtc
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and state aforesaid, do hereby certify
that RICHARD E. OLIVIERI, General Partner of PEMBROKE SQUARE
ASSOCIATES, whose name as such is signed to the foregoinq Deed of
Dedication and Vacation, has acknowledged the same before me in
i my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary PObltt
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby certify
that RICHARD E. OLIVIERI, Managing Partner of EMILIO OLIVIERI
FAMILY PARTNERHSIP NO. 1, a General Partner of PEMBROKE SQUARE
ASSOCIATES, whose name as such !S signed to the foregoing Deed of
Dedication and Vacation, has acknowledged the same before me in
my City and State aforesaid.
GIVEN under my hand this &4t day of
1985.
Notary-Pu]K le7-
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and Statre aforesaid, do hereby certify
that VINCENT R. OLIVIERI, Attorney-In-Fact, for ARMON OLIVIERI,
General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such
is signed to the foregoing Deed of Dedication and Vacation, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of a
1985.
Notary Publ@lc@
My Commission Expires:
-6-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary Public in
and for the City and State aforesai4l do hereby certify that FREDERICK
NAPOLlTANO, Managing Agent c,f BLUE RIDGE A@-SOCIATES, a General Partner
of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the
foregoing Deed of Dedication and Vacation, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this 104, day of 1985.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, - I a Notary Public in
and for the City and State aforesai reby certify that VINCENT
R. OLIVIERI, Managing Agent of SHENANDALE ASSOCIATES, a General Partii(,r
of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the
foregoing Decd of Dedication and Vacation, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand tliis "- day of 1985.
Notary Pu
My Commission Expires:-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
11 @@ I a Notary Publj(7 in
and for the City an Stateaforesai do hereby certify that ROBERT V.
OLIVIERI, General Partner of PEMBROKE SQUARE ASSOCIATES, whose name
as such is signed to the foregoing Deed of Dedication and Vacat-i.011,
has acknowledged the same before me in my city and State aforesaid.
GIVEN under my hand this @@ day of 1985.
Notar
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
11 -, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Deed of Dedication and vacation, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
CJ/da
(27C.3)
7/2 4/8 5
8/16/85
-7-
- 36 -
ITEM II-L-7
CONSENT AGENDA ITEM # 24713
Upon motion by Councihnan Fentress, seconded by Councilman Jennings, City
Gouncil ADOPTED:
Ordinance, upon SECOND READING, to appropriate $117,703
from the General Fund to the School Board.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
Decem
36a
AN ORDINANCE TO APPROPRIATE $117,703.00
FROM rHE GENERAL FUND TO THE SCHOOL
BOARD OF THE CITY OF VIRGINIA BEACii,
VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, by Resolution duly adopted on the day of
1985, The School Board of the City of Virginia
Beach, Virginia determined that the property described in said
Resolution was surplus; and
WHEREAS, by recordation of said Resolution in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book , at Page _, the title to
said property became vested in the City of Virginia Beach,
Virginia; and
WHEREAS, said property has been conveyed to the
Commonwealth of Virginia in connection with the Deparlment of
Highways and Transportation, Haygood Road (Project No.
UOOO-134-107, RW-202) widening and improvement project, for and
in consideration of the sum of $117,703.00; and
WHEREAS, 5 22.1-129, Code of Virginia, 1950, as amended
indicates that funds from the sale of such property are subject
to appropriation by the local governing body; and
WHEREAS, City Council believes that the aforeszid funds
from the sale of surplus school property should be appropriated
to The School Board of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED SY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT $117,703.00 BE APPROPRIATED FROM THE
GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BENCH.
This Ordinance shall be effective from the date oy its
adoption.
Adopted by the Council of the City of Virginia Bearh,
Virginia on the 16 day of December
1985.
First Reading: December 9, 1985
Second Reading :December 16, 1985
JAR/rab
8/12 85
(ORD@G)
- 37 -
ITEM II-L-8
CONSENT AGENDA ITEM # 24714
Upon motion by Counci-Iman Fentress, seconded by Councilman Jennings, City
Council APPROVED, upon FIRST RF.ADING:
Ordinance to accept and appropriate $20,000 from Chapel
Itill Associates for recreational facilities in the
Jamestown Subdivision
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Renley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
December 16, 1985
37a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$20,000 FROM CHAPEL HILL ASSOCIATES
FOR RECREATIONAL FACILITIES
IN THE JAMESTOWN SUBDIVISION
WHEREAS, Chapel Hill Builders, the developer of Jamestown Townhouse
Subdivision, has agreed to dedicate a 1.2 acre site that would include a pool, and
WHEREAS, the developer has been maintaining the swimming pool for the
past nine years, and
WHEREAS, due Lo the expense involved in maintaining the pool, the deve-
loper wishes to discontinue the upkeep of the pool, and
WHEREAS, Chapel Hill will dedicate by deed to the City the recreational
site known and designated as Parcel B in Section I of Jamestown, and the City will
accept same in full satisfaction of the recreational space requirements imposed
by the subdivision ordinance for the subdivision of Jamestown, and
WHEREAS, Chapel Hill will additionally pay $20,000 to the City to be
used by the City for the installation of such other recreational facilities on the
site that the City deems appropriate, and
WHEREAS, Chapel Hill will further post a $10,000 bond, which shall
remain posted for a period of two years from the date of agreement, which shall
be acceptable to the City in form and type for the purpose of offsetting legal
expenses, if any, that are incurred by the City in the event the City decides
to fill-in the existing swimming pool, and
WHEREAS, the City will expeditiously review and process the subdivision
plats for the remaining sections of Jamesto@n.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City accepts and appropriates $20,000 from Chapel Hill,
and also accepts the $10,000 bond to be posted by same.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1985.
FIRST READING: December 16, 1985
- 38 -
ITEM II-L-9
CONSENT AGENDA ITEM # 24715
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to transfer $150,800 f rom within the
Department of Public Works for Photogrammetric Services
Contract
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
38a -
1-
z
0
0
AN ORDINANCE TO TRANSFER
$150,800 FROM WITHIN THE
DEPARTMENT OF PUBLIC WORKS
> FOR PHOTOGRAMMETRIC SERVICES CONTRACT
0
WHEREAS, during the FY 1985-86 budget process, City Council approved
funds for a Photogrammetric Survey at an estimated cost of $2,000,000, and
WHEREAS, because the contract spanned two fiscal years $1,000,000
was appropriated in FY 1985-1986 with the remainder to be programmed in FY
1986-1987, and
WHEREAS, bids have been received and evaluated by the Department of
Public Works and a contract is recommended with a total cost of $1,150,800, and
WHEREAS, to fully fund the contract in this fiscal year it is recom-
mended that $150,800 be reallocated within the budget for the Department of
Public Works, and
WHEREAS, no additional funds will be needed in FY 1986-87 for this
contract.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that appropriations totalling $150,800 be reallocated
within the Department of Public Works to fully fund the Photogrammetric
Survey contract.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the Sixteenth
day of December 1985.
PWC 13/ORD9
- 38b -
ATTAC@NT #1
RESP014DANTS TO R.F.P. FOR PHOTOGRA@IMETRIC SERVICES
COtiPANY TOTAL BID
Chicago Aerial Surveys 996,532
Mid-States Engineering 1,150,800
Benatec Associates 1,157,694
Kucera & Associates 1,245,385
Lowe Engineering 1,279,000
Aerial Data Reduction Assoc., Inc. 1,461,117
Aero-Metric Engineering 1,790,000
@lichael baker Corp. & 2,0@aO,408
Markhurd Corp.
Det-@berry & Davis 2,070,209
Analytical Su@veys, Inc. 2,136,658
Air Survey & Design ?,842,UOO
Gi-eenhorne & O'Mara 3,920,650
Ayres & Associates, Inc. tlo Total
FORM NO. P.S. I ATTACHMENT #2
@f -vi3r@i3miEk
INTER-OFFICE CORRESP014DENCE
DATE: December 3, 1985
TO: C. Oral Lambert, Jr. DEPARTMENT: Director/Public Works
FROM: p, g, Tr,jphlnoi VEPARTMENT: pW/Fnainpprinn
SUBJECT: Phntn(3rammptrir sprvirpq
The deadline date for our Request For Proposal for Photogrammetric Services
was September 30, 1985. Thirteen proposals were received and evaluated. The
evaluation included awarding points for technical content and bid price. From
the original thirteen proposals, we selected for oral interviews three fi ms
with the most favorable combination of high technical scores and the low bid
prices. These three firms are:
Chicago Aerial Survey (Des Planes, Illinois) 996,532
Mid-States Engineering (Indianapolis, Indiana) 1,150,800
Lowe Engineering (Atlanta, Georgia) 1,279,000
Before the oral interviews, we contacted the selected firms' references. In
general, references received for Lowe Engineering and Mid-States Engineering
were more favorable than those received for Chica-go Aerial Survey.
On November 13, 1985, David Littl@, Philip Baker and I conducted oral interviews
of the selected fims. Each fi m gave a presentation which was followed by
specific questions regarding their proposals. At the conclusion of the oral
interviews it was our opinion that although all three fims could provide the
requested services, given the nature of our project, Lowe Engineering and
Mid-States Engineering have more expertise in modern digital mapping.
The two most important products we will receive in addition to the digital
maps are aeriai photographs and ground control network. Color photographs
provide the best product to be used in the data capture phase (stereo digitizing,
contours and physical features) but do not produce the required quality
half-tone enlargements. Mia-States Engineering proposes a second flight of
higher altitude using black and white photography to provide the quality half-
tone enlargements. Neither Chicago Aerial Surveys nor Lowe Engineering proposes
such a second flight. Mid-States Engineering 's horizontal and vertical control
Photogrametric Services
Page 2
network is far superior to that of the other firms. Of the three fi ms,
Mid-States Engineering's digital mapping experience far exceeds the other
two competitors. Currently, Mid-States Engineering has nine VAX computer
systems, eight of which are Intergraph systems. Their in-depth knowledge
of Intergraph's software and hardware will better serve our needs since the
data will be stored and used in our existing Intergraph VAX computer mapping
system.
It is our consensus that Mid-States Engineering, due to their past experience,
equipment and technical approach to our project, will provide the best services
to the City of Virginia Beach.
Considering all technical and cost aspects. I recommend we enter into final
contract negotations as soon as possible with Mid-States Engineering. Since
we are trying to meet the aerial flying window (January-February 1986) when
the conditions during photography are best, we need to have a signed contract
at the earliest possible date.
e 1)
D. R. Trueblood
City Engineer
DRT/LDL/bb
FORM NO. P.S. I
INTER-OFFICE CORRESPONDENCE
DATE: 12 / It 85
TO: Thomas H. Muehlenbeck DEPARTMENT: Executive
FROM: Judith M. Robertson DEPARTMENT: DF/Purchasing
SUBJECT: PHOTOGRAMMETRIC SERVICES, BID #9103
The Purchasing Division supports the recommendation of the Public
Works Department that the bid for Photogrammetric Services be
negotiated with Mid States Engineering as they have been deemed
most meritorious after considering technical aspects, oral presen-
tation and cost (See Attached).
JMR/ic
cc: Giles G. Dodd
Bid File #9103
Enclosure
COWANY SCORE BID PRICE
Mid-States Engineering 87 $i,iso,Boo
Chicago Aerial Survey 84 996,S32
Lowe Engineering 76 1,279,000
Analytical Surveys, Inc. 74 2,@36,658
Ayers & Associates, Inc. 65 1.2 million +
Michael Baker Corp. & 60 2,030,408
Markhurd Corp.
Aerial Data Reduction Assoc, Inc. 60 1,461,117
Benatec Associates 60 l,lS7,694
Kucera & Associates 59 1,245,385
Dewberry & Davis ss 2,070,209
Air Survey & Design S2 2,842,000
Aero-Nletric Engineering si 1,790,000
Greenhome & 01@lara 49 3,920,6SO
- 39 -
ITEM II-L-10
CONSENT AGENDA ITEM # 24716
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of
City property known as site of Fire Station #9 at South Witchduck
Road to Arthur Bulman, Jr., his heirs, assigns and successors in
title
This encroachment shall be subject to:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. owner agrees to post a $3,500 bond to cover
replacement of the entire hedge form by a landscape
contractor, if necessary.
5. Owner agrees that the contractor will notify the
City's Landscape Services Division prior to
beginning any work.
6. Owner agrees to match any plant material requiring
replacement, to the height and form of the existing
hedge prior to construction.
7. Owner agrees to employ a licensed landscape
contractor to replace damaged materials where
required.
8. The owner agrees that the plant material provided
and the installation performed must be to the
complete satisfaction of and subject to final
approval by a representative of the Landscape
Services Division of the General Services
Department before the aforementioned bond is
released.
December 16 1985
- 40 -
ITEM II- L-10
CONSENT AGENDA ITEM # 24716 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
- 40a -
Requested By Department of Public works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CITY
PROPERTY KNOWN AS SITE OF FIRE STATION
#9 AT SOUTH WITCHDUCK ROAD TO ARTHUR
BULMAN, JR., HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Arthur Bulman, Jr., his heirs, assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into a portion of City property known as site of
fire station #9 at South Witchduck Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 81
P.V.C. sanitary sewer line to serve National Pride Car Wash at
South Witchduck Road and Ruritan Court and that said encroachment
shall be constructed and maintained in accordance with the City
of Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City property known as site of fire
station #9 at South Witchduck Road, as
shown on the certain plat entitled: "PLAT
SHOWING PROPOSE ENCROACHMENT OF 8"
SANITARY SEWER LINE AND APPURTENANCES
ACROSS PROPERTY OF CITY OF VIRGINIA
BEACH, VIRGINIA RECORDED IN D.B. 2056,
PG. 174 IN THE CLERK'S OFFICE, CIRCUIT
COURT, VA. BEACH, VA. KEMPSVILLE BOROUGH
& VIRGINIA BEACH, VIRGINIA FOR NATIONAL
PRIDE EQUIPMENT, INC. SCALE: 1"=201 MAY
21, 1985 WILFRED P. LARGE, INC. SURVEYING
AND PLANNING VIRGINIA BEACH, VIRGINIA," a
copy of which is on file in the
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia BeaCh to Arthur Bulman, Jr., his heirs, assigns and
successors in title and that within thirty 30 days after such
- 40b
notice is given, said encroachment shall be removed from the City
property known as site of fire station #9 at South Witchduck Road
and that Arthur Bulman, Jr., his heirs, assigns and successors in
title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Arthur Bulman, Jr., his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Arthur Bulman, Jr., executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 16 day of December 19 R9
GLF/rab
8/13/85
(29B)
-2-
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- 41 -
ITEM II-L-11
CONSENT AGENDA ITEM # 24717
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council APPROVED a 60-day EXTENSION FOR COMPLIANCE upon an Ordinance
closing, vacating and discontinuing a portion of 22nd Street in the
petition of Runnington Investment Corporation
Application of Runnington Investment Corp., for the
disco-itinuance, closure and abandonment of a portion of
22nd Street beginning at a point 422 feet East of
Barberton Drive, running a distance of 104.01 feet
along the Southern property line, running a distance of
64.86 feet along the Eastern property line, running a
distance of 145.33 feet along the Northern property
line and running a distance of 50 feet along the
Western property line. Said parcel contains 6233.75
square feet (Lynnhaven Borough).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Nancy A. Creech and J. Henry McCoy, Jr, D.D.S.
6 1985
- 42 -
ITEM II-L-12
CONSENT AGENDA ITEM # 24718
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council APPROVED:
BINGO/RAFFLE PERMITS
Virginia Beach General Hospital Anxiliary Raffle
Sisterhood of Kehillat Bert Hamidrash Bingo/Raffle
Tidewater Center for Human Growth, Inc. Bingo/Raffle
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
- 43 -
ITEM II-L-13
CONSENT AGENDA ITEM # 24719
Upon motion by Counci-Iman Fentress, seconded by Councilman Jennings, City
Council APPROVED the Ordinance authorizing tax refunds in the amount of
$885.61 upon application of certain persons and upon certification of the
City Treasurer for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanarl and Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
December 16 1 8
0-M .0. C.A. I 43a - 12/3/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- 0 ate Penalty lnt. Total
Year of Tax Number tion No. Paid
John BLamond 82 RE(1/2) 45629-7 12/5/81 14.40
John BLamond 82 RE(2/2) 45629-7 6/5/82 14.40
John BLamond 83 RE(1/2) 47140-2 12/5/82 18.00
John BLamond 83 RE(2/2) 47140-2 6/5/83 18.00
John BLamond 84 RE(1/2) 49409-3 12/5/83 24.00
John BLamond 84 RE(2/2) 49409-3 6/5/84 24.00
John W& Geraldine Wood 85 pp 175244-3 46603 6/5/85 129.78
GMAC 85 pp 61265-9 46600 6/5/85 222.78
Morrison Inc 85 pp 112443-5 46659 10/14/85 361.25
Richard W Wagoner 85 pp 164592-Z-) 46592 5/15/85 42.00
Barbara J Pugh N/A Pkng 10',I)3-- 11/22/85 12.00
William Greenwell 86 Dog V]9007 11/18/85 5.00
Total 885.61
This ordinaiice shall be effective from date of adoption.
The @.gyatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the of 11 c@e@ e@r -1.985
hn T. AtICii
Approved as to forw:
Rutti Hodges Smith
City Clerk
le Bimson, City Atiorney
- 43 a -
Item II-L.14
CONSENT AGENDA ITEM # 24719a
ADD/ON
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED a RESOLUTION IN APPRECIATION to:
DIANE C. ROCHE
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCooy, Jr., D.D.S.
-43b-
WHEREAS, the ta6t @i6tee-n ye@ has seen tAemendou4 gwwth in
Vikginia Beach; and
WHEREAS, ViAginia Beach i-6 a veay ctive p@e to tive, woxk,
and u"e a 6amity; and
WHEREAS, thme @actou teave many V@inia Beach ,e,6ident6 in
need o6 6eAviceA p)tovided thaouqh cont)Libutionz to the United Way; and
WHEREAS, Vikginia Beach city emptoye" have atmys been teadeu
in contkib@n6 to the UmUed Way; and
WHEREAS, thia yea,%, undea the teadeuhip o6 DTANE C. ROCHE, the
1985 CamPaign Coo@atot, a dynamic -loaiqn MA ptanned and c@ed
out; and
WHEREAS, d@g a campaign when many otganization6 and @eA
'OeAe Attuggting and many did not meet theit goatz, undea Vianef,6
teade,%6hip, the City oi ViPLginia Beach once again met the chattenge
and )t@ed it,6 ta4get 60,% United Way co@@n6;
NOW, THEREFORE, THE VIRGIMIA BEACH CTTV COUNCIL w"hu to expite,64
it6 appfleciation to DIANE C. ROCHE 6ot heA many tong houaz 06 wo,%k to
-ke thi,6 Yea4',6 United Way Campaign a SucceAz and an accompti.6hm@
6o)t Whah the Councit and CitY e-MPtOYP-e.6 can be veay p4oud.
On behaf,4 o6 the ViAginia Beach
city counczt-, given andea my
handand Aeat thi,6 16th day o4
- 44 -
Item II-M.1/12
APPPOINTMENTS ITEM # 24720
BY CONSENSUS, City Council RESCHEDULED the APPOI S:
ADVERTISING SELECTION COMMITTEE
BUILDING CODE APPEALS BOARD
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
FRANCES LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
PLUMBING & MECHANICAL APPEALS BOARD
SCIIOOL BOARD
SOUTHEASTERN VIRGINIA AREA-WIDE MODEL PROGRAM (SEVAMP)
TIDEWATER C014MUNITY COLLEGE BOARD
TIDEWATER STADIUM AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
December 16, 1985
- 45 -
Item II-N.1
UNFINISHED BUSINESS ITEM # 24721
LYNNHAVEN RIVER TASK
FORCE REPORT
Darrell Hughes, Chairman of the LYNNHAVEN RIVER TASK FORCE distributed
copies of the TASK FORCE'S Report to City Council. Said report is hereby
made a part of the record.
Attempts are being made, however, to more fully understand the
environmental attributes that the Lynnhaven River possesses and restore
those attributes to their former state.
A number of issues have been identified which must be given consideration
if this GOAL is to be realized. The REPORT detailed all of these issues:
The Character of the Lynnhaven
Connection to Other Watersheds
Shellfish Harvesting
Drainage
Water Quality
Association with the Chesapeake Bay Program
Growth and Development
Public Awareness and Education
Cultural Appreciation
Ecology
Recreational Boating
Data Base Maintenance
- 46 -
Item II-N.2.
UNFINISHED BUSINESS ITEM # 24722
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council RESCHEDULED the Regular Neet@ of City Council on January 20, 1985
(Lee-Jackson-King Holiday) to January 21, 1985.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 47 -
Item II-N.3
UNFINISHED BUSINESS ITEM # 24723
ADD-ON
Councilman Baum referenced the PUBLIC HEARING on the MASTER STREET AND
HIGHWAY PLAN which will be conducted on December 17, 1985, at PRINCESS ANNE
HIGH SCHOOL.
Councilman Baum advised he believed there was some vacant land which the
City kept unencumbered and referenced dispensement of easement areas.
The City Manager advised Staff will report concerning same at the SPECIAL
MEETING OF CITY COUNCIL on December 19, 1985.
- 48 -
Item II-N.4
UNFINISHED BUSINESS ITEM # 24724
ADD-ON
SOUTHEASTERN FREEWAY HIGHWAY PLAN
Upon motion by Councilman Robert G. Jones, seconded by Councilman Baum,
City Council REFERRED to the Planning Commission for their expeditious
recommendation:
Consideration of placing the SOUTHEASTERN FREEWAY
on the Master Street and Highway Plan.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 49 -
Item II-0.1
NEW BUSINESS ITEM # 24725
ADD-ON
Councilman Jennings referenced letter from the ENDEPENDENCE CENTER
concerning Representatives from the Disability Community. These
representatives had presented a list of Complaints to the TIDEWATER
REGIONAL TRANSIT (TRT) COMMISSION at their October Meeting. These
complaints ranged from the lack of policies and procedures for special
transporation services (STS) to an inability to identify $40,400 of local
government subsidies in the Operating Budget.
Councilman Jennings requested the City Manager investigate this matter and
advise Council of any irregularities.
- 50 -
Item II-P.1
ADJOURNMENT ITEM # 24726
Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council
ADJOURNED the meeting at 7:05 P.M.
Be e 0
Chief Deputy City Clerk
-Ruth Hodges-Smith, CMC
City Clerk
City of Virginia Beach
Virginia