HomeMy WebLinkAboutMAY 20, 1985 MINUTES
Cit@ C),f
"WORLD'S LARGEST RESORT CITY"
crry COLWCIL
MA YOR HAROLD HEISCHOBER. A, L-9,
VICE-MA YOR REBA S. MCLANAN, P-... A- @A
JOHN A. BAUM, Bik-C., @h
NANCY A. CREECH. At L-9,
ROBERT E FENTRESS, V,@ B-h @h
BARBAJL4 M. HENLEY, P.". B-gh
H JACK JEAWINGS, JR@. L@.U- @k
LOUIS R. JONES, Bv.& B-gh
ROBERT G. JONES, A, L.@g.
J HENRY M@COY, JR.. K-p.@ @h
MEYERA E. ORFRAIDORF. At L-9@ 281 CnY HALL BUILDING
MVIVICIPAL CE@
RU7'H IIODGES SMn7i. CMC, C,@y Cl.,k CITY COUNCIL AGENDA VIRGRNIA BEACH VIRGINIA MM PM
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May 20, 1985
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
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: Reverend John Winstead
Church of Christ
B. PLEDGE OF ALLEGIANCE TO TRE 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 the Minutes of May 13, 1985.
G. PRESENTATIONS
1. Resolution in Appreciation to William L. Towers
H. PROCLAMATIONS
1. National Public Works Week - May 19-25, 1985
1. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Second Street in the petition of Runnymeade Corporation
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for FINAL approval.
2. Ordinance closing, vacating and discontinuing a portion of
Ranger Street in the petition of Roland H. and Virginia L.
Copeland (Kempsville Borough).
a. The appalicant requests an extension of time for
compliance.
3. Ordinance closing, vacating and discontinuing a portion of
South Lynnhaven Road in the petition of John J. Woodard
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for an extension of time and FINAL approval.
4. Application of General Edison Associates for a conditional
use permit for a self-service gas station on a 30,492-square
foot parcel located on the east side of Oceana Boulevard,
north of Hubble Drive (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Capricorn Associates for a conditional use
permit for a borrow pit on a 73.4-acre parcel located on the
west side of Princess Anne Road, south of Sandbridge Road
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6 . Application of Sinclair Corporation, t/a the Sinclair Inn,
for a conditional use permit for a commercial parking lot on
a 9,300-square foot parcel located on the east side of
Atlantic Avenue, north of 26th Street (Virginia Beach
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of John W. McMullen for a conditional use permit
for a recreational faci'ity other than that of an outdoor
nature (bingo parlo r) on a 3.86-acre parcel located at the
southwest corner of the intersection of south First Colonial
Road and the Norfolk/Southern Railway Company right-of-way
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Harry Sandler, 1. Schwartz, Morton Bresenoff
and Sam Sandler for a change of zoning from AG-2
Agricultural District to B-2 Community-Business District on
a 10.83-acre parcel located at the southeast corner of North
Landstown Road and Monet Drive (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
9. Application of Lakeside Construction Corporation for a
change of zoning from AG-2 Agricultural District to R-6
Residential District on an 11,205-square foot parcel located
on the south side of proposed Ferrell Parkway, east of
Painters Lane (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of Paco, Incorporated for changes of zoning
located east of the intersection of North Landing Road and
Courthouse Drive:
From B-1 Business-Residential District to 0-1 Office
District on a 1.37-acre parcel;
From AG-1 Agricultural District to 0-1 Office District on a
10,4 4-square foot parcl;
AND,
From AC-1 Agricultural District to B-1 Business-Residential
District on a 13,504-square foot parcel (Princess Anne
Borouih).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Ordinance to amend and reordain Section 4.5 of the
Subdivision Ordinance pertaining to public sites and open
space.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
12. Ordinance to amend the Kaster Street and Highway Plan dated
December 16, 1974, pertaining to the realignment of the
following streets: Shipps Corner Road, intersection of
Indian River Road and Elbow Road, intersection of Londo,
Bridge Road and Great Neck Road with Potters Road, Ferrell
Parkway between Windsor Oaks Bo,levard and Independence
Boulevard Extended, intersection of Ferrell Parkway and
Princess Anne Road, and the intersection of Princess Road
and General Booth Boulevard.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
J. RESOLUTIONS
1. Industrial Development Revenue Bonds
a. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $2,800,000 to
1569 Diamond Associates.
b. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $2,100,000 to
Murphy Associates Project.
c. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $2,000,000 to
Mark F. Garcea.
2. Special Revenue Bonds - Virginia Beach Development Authority
a. ReSOlution approving the issuance of Special Revenu,!
Bonds in the amount of $2,700,00 to Columbus Station
Associates, Ltd.
3. Special Revenue Bonds - Suffolk Redevelopment and Housing
Authority
a. Resolution approving the issuance of Special Revenue
Bonds in the amount of $9,000,000 to Wildwood
Associates.
K. RESOLUTION/ORDINANCES
1. Resolution accepting dedication by Kempsville Lake Number I
Partnership of the Sajo Manor House.
2. Ordinance to authorize acquisition of property in fee simple
by agreement or by condemnation for right of way for
ingress/egress to the Sajo Manor House.
3. Ordinance declaring the Sajo Manor House property excess and
authorizing the City Manager to dispose of same.
L. ORDINANCES
1. Ordinance, on SECOND READING, to amend and reordain Section
35-115 of the Code of the City of Virginia Beach pertaining
to utility taxes.
2. Ordinance to amend and reordain Section 31-27 of the Code of
the City of Virginia Beach, Virginia, pertaining to
frequency of collection of solid waste.
3. Ordinance to amend and reordain Section 5-73 of the code of
the City of Virginia Beach, Virginia, pertaining to keeping
dogs under restraint;
OR
Ordinance to amend and reordain Section 6-5 of the Code of
the City of Virginia Beach, Virginia, pertaining to dogs on
beach.
M. 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 in Appreciation of William L. Towers.
2. Resolution to apply for Community Block Grant Funds for
the Eleventh Program Year.
3. Resolution establishing a "Challenge Grant" in the
amount of $1.5 million to be paid to the Board of
Directors of the Virginia Beach Arts Center upon a
commitment of funding from the Commonwealth of Virginia.
4. Resolution establishing the City and School Board Pay
Plan Review Task Force.
5. Ordinance to add Section 21-374.1 to the Code of the City
of Virginia Beach, Virginia, pertaining to appointment of
persons to enforce parking regulations.
6. Ordinance to add Section 21-259 to the Code of the City
of Virginia Beach, pertaining to trucks on Atlantic
Avenue.
7. Ordinance to appropriate $14,193 from the general fund's
unreserved fund balance to reimburse Volunteers of
America for property taxes.
8. Appointment of Charles Strauss as Assitant City
Attorney, as of June 3, 1985, be confirmed by City
Council pursuant to Section 2-166 of the Code of the City
of Virginia Beach.
9. Xerox Corporation's offer to finance, at an interest rate
of 8%, six copiers totalling $152,810 for the Print Shop,
Social Services Department and Mental Health Department.
The City Manager requests authorization to enter into the
necessary agreements for the lease/purchase of this
equipment.
10. Motorola Co=unications and Electronics' offer to
finance, at an 8.4% interest rate, the 800 MHz
Communications System for the Fire, Police, Public
Utilities and Public Works Departments. The City Manager
requests authorization to enter into the necessary
agreements for the lease/purchase of this equipment.
11. Low bid of Utility Builders, Inc. , in the amount of
$24, 138 for Pembroke Boulevard Waterline Relocation
Project.
12. Raffle Permit:
Auxiliary of Humana Hospital Bayside
13. Certificates of Public Convenience and Necessity:
Angelo J. Celesia, Jr., Premier Associates t/a Premier
Limousine Service. Total number of vehicles
authorized: 1
Herbert Dise, t/a Diamond Cab Company. Total number of
vehicles authorized: 10
Littleton C. Hudgins, t/a Pacific Corporation. Total
number of vehicles authorized: 1
14. Request of the City Treasurer for authorizing to charge-
off $547.94 in uncollectable checks.
N. APPOINTMENTS
1. Arts and Humanities Commission
2. Board of Electrical Appeals
0. UNFINISHED BUSINESS
P. NEW BUSINESS
1. Request of Vincent W. Conduff for Council's consideration
for an amendment to conditional use permit for a gasoline
service station approved October 8, 1984 .
2. Authorization to EXPEDITE AND RATIFY concurrent
advertising for Public Hearings at the Planning
Commission June 11, 1985 and City Council June 17, 1985.
The applications of John Ray Potter, Dean S. Potter,
Betty W. Potter, Gordon B. Potter, Lucille B. Potter,
Helen S. Potter for Changes of Zoning from B-1 to B-2 and
0-1 to B-2 on the north side of Laskin Road west of
Winwood Drive (Lynnhaven Borough).
Q. ADJOURNMENT
1. Motion to adjourn.
City Council Meeting
of
May 27, 1985
CANCELLED
Legal Holiday
5
Item II-F. I
MINUTES ITEt4 # 23685
Upon motion by Councilwoman Henley, seconded by Councilman McCoy, City
Council APPROVED the Minutes of May 20, 1985, with the following corrections:
ITEM # 23641 - Page 11 - ORDINANCE UPON APPLICATION OF GENERAL
EDISON ASSOCIATES FOR A CONDITIONAL USE
PERMIT FOR A SELF-SERVICE GAS STATION
R0585747
Under Condition I., the following shall be inserted after General Booth
Boulevard "/Oceana Boulevard";
1. The access point will be provided, ingress only, thirty
to thirty-five feet on Parcel One, fronting on General
Bootb Boulevard/Oceana Boulevard; AND, no other access
except the one major access to the shopping center will
be allowed.
ITEM # 23655 - Page 26 - ORDINANCES
The word "SUBSTITUTE" shall be inserted after Upon and before MOTION
on the first line of the first paragraph as per the following:
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by
Councilman McCoy, City Council ADOPTED an Ordinance
declaring the SAJO MANOR HOUSE PROPERTY EXCESS; AND,
AUTHORIZING the City Manger to dispose of same, as well
as approving the THIRD ALTERNATIVE presented by the Di-
rector of Planning concerning DEDICATION of "open space"
in the amount of 2.88 acres.
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
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
June 3, 1985
Council Members Absent:
Meyera E. Oberndorf
6
item II-F-2
MINUTES ITM4 23759
Upoii motion by Councilwomati Creech, secolided by councilman Feiitress, CitY
Council AMENDED the Miiiutes of May 20, 1985 a. per the following:
Item # 23670 - Page 42 - LOW BID OF UTILITY BUILDERS
"Upon motioli by Councilwoman Creech, seconded by Councilwomaii
Oberiidorf, City Couiicil APPROVED the LOW BID of UTILITY
BUILDERS, INC., iii the amount of $24T4738 28,138-00
for PEMBROKE BOULEVARD WATERLINE RELOCATION PROJECTS;
AND, AUTHORIZED the City Maiiager to eiiter itito the
iiecessary agreements for the implemeiitation of this
project."
Voting: 11-0
Council Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jo@ies, Robert G. Jones, Vice Mayor Reba S. McClaliall, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberxidorf.
Couticil Members Voting Nay:
Noiie
Couiicil Members Ab8ent:
Noiie
Juiie 17, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 20, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, May 20, 1985, at 1:00 in the afternoon.
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
May 20, 1985
- 2 -
ITEM # 23630
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants, or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
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
May 20, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 20, 1985
2:00 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, May 20,
1985, at 2:00 in the afternoon.
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: Reverend Johy, Winstead
Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 20, 1985
- 4 -
CITY MANAGER'S ADMINISTPATIVE AGENDA
Item 11-D.1
ORDINANCES ITEM # 23631
The City Manager referenced an Ordinance, on SECOND READING, to amend and
reordain Section 35-115 of the Code of the City of Virginia Beach pertaining
to UTILITY TAXES. This Ordinance has been AMENDED. The EFFECTIVE date
shall be on and after August 1, 1985. (See Item II-L.1 under ORDINANCES)
Item II-D.2
CONSENT AGENDA
MOTOROLA ITEM # 23632
The City Manager referenced a correction in the item concerning MOTOROLA COMMU-
NICATIONS AND ELECTRONICS' offer to finance, at an 8.4% interest rate, the 800
Mhz COMMUNICATIONS SYSTEM for the FIRE, POLICE, PUBLIC UTILITIES AND PUBLIC
WORKS DEPARTMENTS. This should correctly read an 8.1% interest rate rather than
8.4% (See Item II-M.10 of the Consent Agenda).
Item II-D.3
CONSENT AGENDA
CHALLENGE GRANT/ ITEM # 23633
Councilwoman Henley requested the Resolution establishing a "CHALLENGE GRANT"
in the amount of $1.5 Million to be paid to the Board of Directors of the
VIRGINIA BEACH ARTS CENTER upon a commitment of funding from the COMMONWEALTH
OF VIRGINIA, be pulled for discussion (See Item II-M.3 of the Consent Agenda).
Item II-D.4
CONSENT AGENDA
TRUCKS - ATLANTIC AVENUE ITEM # 23634
Councilman Fentress requested an Ordinance to add Section 21-259 to the Code of
the City of Virginia Beach, pertaining to TRUCKS ON ATLANTIC AVENUE, be pulled
for discussion (See Item II-M.6 of the Consent Agenda).
May 20, 1985
5
Item 11-F. I
MINUTES ITEM # 23635
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council
APPROVED the MINUTES of May 13, 1985.
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
May 20, 1985
6
Item II-G.1
PRESENTAT10N ITEM # 23636
Mayor Heischober Presented a RESOLUTION OF APPRECIATION to:
William L. Towers
Member
Board Of Zoning Appeals
This RESOLUTION recognized the dedication and unselfish service of William
L. Towers as a member of the BOARD OF ZONTNG APPEALS for mare than 10 years.
May 20, 1985
7
Item II-H. I
PROCLAMATION ITEM # 23637
Mayor Heiscober PROCLAIMED the week of May 19-25, 1985 as:
NATIONAL PUBLIC WORKS WEEK
This PROCLAMATION recognized the contributions of the PUBLIC WORKS OFFICIALS
to the City's health, safety and comfort.
This PROCLAMATION was accepted by Wade Kyle, Administrator Solid Waste
Division, and Judy Mueller, Assistant to the Director of Public Works.
May 20, 1985
7a
WHEREAS, public works services provided in our community are an integral part of
our citizens' everyday lives; and
WHEREAS, the suppgrt of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets
a@d highways, public buildings, solid waste collection, and snow removal; and
WHEREAS, the health, safety, and comfort of this community greatly depend on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, are vitally dependent upon the efforts and skill
of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public
works departments is materially influenced by the peoples' attitude and understanding
of the importance of the work they perform.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim the week of May 19-25, 1985 as
NATIONAL PUBLIC WORKS WEEK
in Virginia Beach and call upon all citizens and civic organizations to acquaint them-
selves with the problems involved in providing our public works and to recognize the
contributions that public works officials make every day to our health, safety,@and
comfort.
Given under my hand and seal this twentieth day of May, nineteen hundred and
eighty-five.
Mayor
May 20, 1985
8
Item 11-I. 1
PLANNING ITEM # 23638
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance closing, vacating and discontinuing a portion
of Second Street in the petition of RUNNYMEDE CORPORATION.
FINAL APPROVAL
Application of The Runnymede Corporation for the dis-
continuance, closure and abandonment of a portion of
Second Street beginning at the eastern boundary of
Chestnut Street and running in an easterly direction
a distance of 280 feet to the western boundary of
Butternut Lane. Said parcel is 50 feet in width and
contains 14,000 square feet. LYNNHAVEN BOROUGH.
Votiiig: 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. McGlanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None May 20, 1985
- 8a
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A FORTION OF THAT
CERTAIN STREET KNOWN AS SECOND STRM LOCATED IN THE LYNNHAVEN BOROUGH
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PI.AT
ENTITLED, "PLAN OF PROPERTY, PROPOSED STREET CLOSURE, BEIN(; A l'ORTION
OF SECOND STREET BETWEEN BUTTERNUT LANE AND CHESTNUT STREET, LYNNTIAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA".
WHEREAS, it appearing by affidavit that proper notice has been given by
The Runnymede Corporation, that it would make application to the Council of
the City of Virginia Beach, Virginia, on 1984, to have
the hereinaft@r described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be discon-
tinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described stre(it be discontinued, closed, and vacated:
Second Street begi.nning at a point on the west side of
Butternut Lane (forinerly Walnut Street) at the south-
east corner of Lot 30, Block A, Plat of Roselilont
Corporation, recorded in Map Book 2, page 51, in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and thence SOO 0Ol'OO"W a
distance of 50.00 feet to a pin and thence N89 0 59,001,
W a distance of 280.00 feet to a point on the east side
of 6hestnut Street and thence along Chestnut Street
NOO0Ol'OO"E a distance of 50.OC feet to a point and thence
S89 59100"E a distance of 280.00 feet to the point
of beginning. (Portion to be vacated is designated as
14,000 square feet of Second Street).
Said parcel of land being a portion of Second Street as indicated on that
certain plat of property to be vacated entitled "Plan of Property, Proposed
Street Closure, Bqing a Portion of Second Street Between Butternut Lane and
Chestnut Street, Lynnhaven Borough, Virginia Beach, Virginia.
SECTION II
A certified copy of this Ordinance shall be filed in he Office of the
Circuit Court of the City of Virginia Beach, indexed in the name of the City
of Virginia Beach, as grantor..
SECTION III
This ord shall be effective thirty (30) days fran the
date of its adoption.
May 20, 1985
8b -
FINE, FINE, LEGUM & FINE, P.A.
A'ri'OMNXVS AT "W
t)f4lC ('()MllliCI4411cts I-Altic
WIIVIIDUCK ROAD T C"V-- AND UTUMM . .....
I'villum..Yx el".
....... VittOINIA HICACH, VIRGINIA 93"9
CL'I,TIFICATL Of-' VLSTING OF TITLI.:
I, Garditier M. liaieht, attorney for Ttie Runnyinede CGrporation, do hereby
ccrl;iiy L)i@tL:
1. I ain an attorney at law and represent The Runnymede Corporation, the
petitioner.
2. If Lhe property described below is discontinued, closed and vacated
by the CoutiCil of Llie City of Virginia Beach, Virginia, then title to saiu
property will vest in Ttie Runnyinede Corporation; E. R. Kaiser, Jr.; Welch File
Driving Corporation; and Vanderiet - White Construction Co., the adjacent
lajidowners.
Ttie said property referred to herein is hereby described as follows:
Second Street beginning at a point on the west side of
Butternut Lane (forinerly Walnut Street) at the south-
east corner of Lot 30, Block A, Plat of Rosemont
Corporaiion, recorded in Map Book 2, page 51, in the
Clerk's Office of the Circuit court of the City of
Virginia Beach, Virginia, and thence S000011001W a
distance of 50.00 feet to a pin and Lience N8905910011
W a distance of 280.00 feet to a point on the east
sids of Chestnut Street and thence along Cheatnut Street
NOO Ol'OO"E a distance of 50.00 feet to a point and thence
S89059100"E a distance of 280.00 feet to the poiiit of
beginning. (Portion to be vacated is designated as
14,000 square feet of Second Street).
9IGHk
May 20, 1985
8c
w th
IV
M
THE RUNNYMEDE CORP.
St. Closure - Second St. between
Butternut La. & Chestnut St.
LYNNHAVEN BOROUG@L
m ylio, 1980
9
Item II-I.2
PLANNING ITEM 23639
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council GRANTED an Extension of two months beyond the present 180-day time
limit until the City Council Meeting of September 16, 1985, for compliance
of conditions in the application of ROLAND H. AND VIRGINIA L. COPELAND for
the closure of a portion of Ranger Street.
Application of Roland H. and Virginia L. Copeland
for the discontinuance, closure and abandonment
of a portion of Ranger Street beginning at the
Eastern boundary of Maralon Drive and running in
an easterly direction a distance of 189.25 feet.
Said parcel is 50 feet in width and contains 9,463
square feet. KEIIPSVTLLE 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 May 20, 1985
- 10 -
Item 11-I. 3
PLANNING ITEM # 23640
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council GRANTED AN EXTENSION OF TIME for compliance and ADOPTED an Ordinance
of FINAL APPROVAL upon the application of JOHN H. WOODARD for the closing,
vacating and discontinuing of a portion of South Lynnhaven Road.
FINAL APPROVAL
Application of John J. Woodard for the discontinuance,
closure and abandonment of a portion of South Lynnhaven
Road beginning at the northern boundary of Ole Towne
Lane, running a distance of 300 feet along the western
property line, running a distnace of 57 feet more or
less along the northern property line, running a dis-
tance of 307.73 feet along the eastern property line
and running a distance of 110 feet along the southern
property line. Said parcel contains 23,470 square feet
more or less. 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 C. 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
May 20, 1985
- 10a -
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
JOHN J. WOODARD, et al.,
PROSPERITY ENTERPTi-sfS-, et al.
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF SOUTH LYNNHAVEN ROAD, IN PRINCESS
ANNE BOROUGH, IN THE CITY OF VIRGINIA BEAC , VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, John J. Woodard, to be presented to the
City Council of the City of Virginia Beach, Virginia, on the
day of , 1984, for the vacation of the
hereinafter described public street in the City of Virginia
Beach, virginia, was on the 30th day of March, 1984, and on
the 8th day Of April, 1984, duly published twice with six
days elapsing between the two publications in a newspaper
published or having general circulation in the City of
Virginia Beach, Virginia, specifying the time and place of
hearing at which affected persons might appear and present
their views, in conformity with the manner prescribed by
Code of Virginia, Section 15.1-364, for the institution of
proceedings for the vacation of a public street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the 15th
day of March, 1984, and in conformity with the manner pre-
scribed by Code of Virginia, Section 15.1-364, for the
conduct of such proceedings, the City Council of the City of
Virginia Beach, Virginia, on the 21st day of May, 1984,
GROVER C. WRIGIIT. Jlt.
May 20, 1985
10b
appointed David Grochmal C. Oral Lambert
and Robert J. Scott as viewers to view such
street and report in writing whether in their opinion any,
and if any, what inconvenience would result from discontinu-
ing the same, and said viewers have made such report to the
City Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and con-
cluded in the manner prescribed by Code of Virginia, Section
15.1-364, that no inconvenience would result from vacating
and discontinuing the portion of said street, and that the
portion of said street should be vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of South Lynnhaven
Road in the Borough of Princess Anne, in the City of
Virginia Beach, Virginia, be, and the same is hereby,
vacated and discontinued:
ALL that certain piece or parcel of land,
situate, lying and being in the City of
Virginia Beach, State of Virginia, being that
part of South Lynnhaven Road marked by
diagonal lines and designated "TO BE CLOSED
Existing South Lynnhaven Road" as shown on
the plat attached hereto entitled "Plat of
Portion of South Lynnhaven Road to be Closed,
2
May 20, 1985
loc -
Princess Anne Borough, Virginia Beach,
Virginia", made by James C. Hickman, Land
Surveyor, dated October 31, 1983.
2. There is hereby reserved to the City of
Virginia Beach, Virginia, a perpetual easement which shall
constitute a servitude upon the portion of South Lynnhaven
Road described in the preceding paragraph numbered 1 and
running therewith over the entire portion of South Lynnhaven
Road vacated and discontinued hereby for the installation
and/or maintenance of public utilities and for access for
emergency vehicles provided, however, that same shail not
interfere with reasonable use of the said portion of South
Lynnhaven Road so vacated and discontinued by the owner of
the underlying fee therein for parking purposes so long as
parking does not interfere with the use by the City for the
public purposes herein reserved.
3. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of John J. Woodard and Prosperity Enter-
prises, as grantees, in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia, at the
expense of the applicant.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
2n day of 1984.
TESTE: RUTH SMITH, CITY CLERK
By:
City Clerk
.3
FINAL APPROVAL
May 20, 1985
May 20, 1985
Item II-1.4
PLANNING ITEM 23641
Michael H. Resh, represented the applicant
Bryant Goodloe, Engineer with Langley and McDonald, also represented the
applicant and displayed a plat of the applicant's property.
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of GENERAL EDISON ASSOCIATES
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF GENERAL EDISON ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVLCE GAS
STATION R0585747
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of General Edison Associates
for a Conditional Use Permit for a self-service station
on certain property located on the east side of Oceana
Boulevard, 600 feet more or less north of Hubbell Drive.
Said parcel contains 30,492 square feet. Plats with more
detailed information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
alleweA-ae ee s5-te -Ge eettia -Bett 1. evard.
1. The access point will be provided, ingress only, thirty
to thitty-five feet on Parcel One, fronting on General
Tooth Boulevard: AND, no other access Oxcept the one
major access to the shbpping center will be allowed.
2. Dedication of an appropriately sized scenic easement
along Oceana Boul6vard as required by the Master Street
and Highway Plan and in accordance with the City of
Virginia Beach specifications and standards.
3. Public restrooms are to be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of May, Nineteen Hundred and Eighty-five.
May 20, 1985
- 12 -
Item II-1.4
PLANNING ITEM # 23641 (Continued)
Voting: 11-0
Council Members Voting Aye:
Joh-,l 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
May 20, 1985
- 13 -
Item II-I.5
PLANNING ITEM # 23642
Attorney Robert Cromwell represented the applicant
Cameron Munden, the applicant, also spoke concerning the application
Opposition:
Attorney William R. Wahab, represented Louise Williamson, an adjacent property owner,
and distributed photographs to City Council of Borrow Pits showing comparison of
subject pit versus the one south of Princess Anne Road, as well as Mrs. Williamson's
house directly across from this Pit. Copies of Canceled Checks in the amount of
$500 were also distributed, which represented payment from Cameron Munden to Louise
Williamson for the purpose of keeping her house clean.
Joe E. Burroughs, resident of of Seaboard Road, and a farmer of 27 years, also
spoke in opposition, and referenced his major complaint was drainage.
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council
DEFERRED for ninety (90) days an Ordinance upon application of CAPRICORN ASSOCIATES
for a Conditional Use Permit. This existing Conditional Use Permit will be EXTENDED
during the time of this DEFERRAL. This DEFERRAL is to enabie concerns of the
adjacent property owners to be addressed. Vice Mayor McClanan will meet with
Mrs. Williamson, Mr. Burroughs, Attorney Robert Cromwell and the applicant,
Cameron Munden to negotiate concerning the storage shed, trucks on the site,
dust surpression, sand/dirt removal from the streets, night activity, hours of
operation, trucks with tarp covers and the possibility of some type of greenery
surrounding the PIT, as well as the drainage issue.
ORDINANCE UPON APPLICATION OF CAPICORN ASSOCIATES FOR
A CONDITONAL USE PERMIT FOR A BORROW PIT
Ordinance upon application of Capicorn Associates for a
Conditional Use Permit for a borrow pit on certain property
located on the west side of Princess Anne Road beginning
at a point 2640 feet more or less south of Sandbridge Road.
Said parcel contains 73.4 acres. Plats with more detailed
information are available in the Department of rlanning.
PRINCESS ANNE BOROUGH.
(This Ordinance has been DEFERRED until the City Council Meeting of August 26, 1985
at Y:00 p.m.)
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: May 20, 1985
None
- 14 -
Item II-I.6
PLANNTNG ITEM # 23643
Ron Mclnturff, the applicant, represented himself
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of SINCLAIR CORPORATION, t/a
THE SINCLAIR INN, for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF SINCLAIR CORPORATION T/A
THE SINCLAIR INN FOR A CONDITIONAL USE PERMIT FOR A
COMMERICAL PARKING LOT R0585748
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Sinclair Corp., T/A The
Sinclair Inn for a Conditional Use Permit for a com-
mercial parking lot on certain property located on the
east side of Atlantic Avenue, 150 feet north of 26th
Street. Said parcel is located aL 2607 Atlantic Ave-
nue and contains 9,300 square feet. Plats with more de-
tailed information are available in the Department of
Planning. VIRGINIA BEACH BOROUGH.
This Ordinance shali be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of May, 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
May 20, 1985
- 15 -
Item 11-1.7
PLANNING ITEM # 23644
John W. McMullen, the applicant, represented himself
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of John W. McMullen for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLLCATION OF JOHN W. McMTJLLEN FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY
OF AN OUTDOOR NATURE (BINGO PARLOR) R0585749
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John W. McMullen for a
Conditional Use Permit for a recreational facility
other than that of an outdoor nature (bingo parlor)
on certain property located on the west side of First
Colonial Road, 480 feet more or less north of Potters
Road. Said parcel is located at 113 First Colonial
Road and contains 3.86 acres. Plats with more detailed
information are available in the Department of Planning.
LYNNIiAVEN BOROUGH.
The following condition shall be required:
1. Approval is for a period of two (2) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of May, Nineteen Hundred aiid 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 C. 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 May 20, 1985
- 16 -
Item 11-1.8
PLANNING ITEM # 23645
Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application HARRY SANDLER,
L. SCHWARTZ, MORTON BRESENOFF AND SAM SANDLER as per the following:
ORDINANCE UPON APPLICATION OF HARRY SANDLER, 1.
SCHWARTZ, MORTON BRESENOFF AND SAM SANDLER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2
Ordinance upon application of Harry Sandler, I.
Schwartz, Morton Bresenoff and Sam Sandler for a
Change of Zbning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on certain property located at the south-
east corner of North Landstown Road and Monet Drive.
Said parcel contains 10.83 acres. Plats with more
detailed informati.on are available in the Department
of Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
Robert E. Fentress
May 20, 1985
- 17 -
Item 11-1.9
PLANNING ITEM # 23646
Eric C. Anderson, Vice President of Lakeside Construction Corporation,
represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of LAKESIDE CONSTRUCTTON
CORPORATION for a Change of Zoning as per the following:
ORDINANCE UPON APPLICAIION OF LAKESIDE CONSTRUCTION
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 TO R-6 Z0585976
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Lakeside Construction
Corporation for a Change of Zoning District Classi-
fication from AG-2 Agricultural District to R-6 Resi-
dential District on certain property located 250 feet
south of Painters Lane, 2600 feet more or less west
of Camino Real. Said parcel contains 11,205 square
feet. Plats with more detailed information are a-
vailable in the Department of Planning. PRINCESS
ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following conditions
shall be met:
1. A 4-foot dedication of right-of-way along the
frontage of proposed Ferrell Parkway to provide
for a bikeway in accordance with the Virginia
Beach Bikeway Plan.
2. Dedication of scenic and controlled access ease-
ments in accordance with the City of Virginia
Beach specifications and standards as required
by the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of May, 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: May 20, 1985
None
Council Members Absent:
- 18 -
Item 11-1.10
PLANNING ITEM # 23647
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City
Council ADOPTED Ordinances upon application of PACO, INCORPORATED for Changes
of Zoning as per the followng:
ORDINANCE UPON APPLICATION OF PACO INCORPORATED FOR
CHANGES OF ZONING FROM B-i TO 0-1 Z0585977
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Paco incorporated for
a Change of Zoning District Classification from B-1
Business-Residential District to 0-1 Office District
on certain property located 410 feet more or less east
of the intersection of North Landing Road and Courthouse
Drive. Said parcel is located at 2421 North Landing Road
and contains 1.37 acres. Plats with more detaiied in-
formation are available in the Department of Planning.
PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF PACO INCORPORATED FOR
CHANGES OF ZONING FROM AG-1 TO 0-1 Z0585978
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application o Paco Incorporated for a
Change of Zoning District Classification from AG-1
Agricultural District to 0-1 Office District on certain
property located 620 feet more or less east of the inter-
section of North Landing Road and Courthouse Drive. Said
parcel is located at 2421 North Landing Road and contains
10,454 square feet. Plats with more detailed information are
available in the Department of Planning. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PACO INCORPORATED FOR
CHANGES OF ZONING FROM AG-1 TO B-1 Z0585979
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Paco incorporated for a Change
of Zoning District Classification from AG-1 Agricultural
District to B-1 Business-Residential District on certain
property located 670 feet more or less east of the inter-
section of North Landing Road and Courthouse Drive. Said
parcel is located at 2421 North Landing Road and contains
13,504 square feet. Plats with more detailed information
are available in the Department of Planning. PRINCESS
ANNE BOROUGH.
May 20, 1985
- 19 -
Item 11-I.10
PLANNING ITEM # 23647 (Continued)
Prior to the changing of the offical zoning maps, the following condiions
shall be met:
1. A variable width dedication of right-of-way along the
frontage of existing North Landing Road to provide
for an ultimate 60-foot standard city right-of-way.
2. A 66-foot right-of-way reservation in accordance with
the Master Street and Highway Plan and the Courthouse
Circulation Alignment on file in the City Engineer's
Office for the proposed relocation of North Landing
Road.
3. The aeplicant agrees that the area of the parcel that is
within and without the Historical and Cultural District
shall be subject to review by the Virginia Beach Historical
Review Board.
4. Fast Food operations shall not be allowed on any part of
the property.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of May, Nineteen Hundred and Eighty-five.
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.
May 20, 1985
- 20 -
Item II-1.11
PLANNING ITEM # 23648
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council DEFERRED INDEFINLTELY an Ordinance to amend and reordain Section
4.5 of the SUBDIVISION ORDINANCE pertaining to PUBLIC SITES AND OPEN SPACE.
Presently Section 4.5 provides the following four options to the City and
developers for the provision of open space within subdivisions:
1. Reservation of a percentage of site, based on the lot
sizes involved, for future purchase within five years
by the City to provide for open space and recreational
needs.
2. Dedication, to the City, of recreational area no less
than half the area required for reservation.
3. Dedication, to the City, of less than half the area
required for reservation provided the developer installs
recreation improvements that provide a total recreational
facility that is equivalent in value to the required re-
servation.
4. Ariy other arrangement mutually agreed to by the City and
the developer that provides a recreational facility that
is equivalent in value to the required reservation.
The current ordinance gives the Planning Director the option to waive the open
space and recreational requirements if the amount of required reservation is
less than two acres.
The proposed amendment will provide developers with a fifth option. This option
will allow a cash contribution of an amount equal to 100% of the raw iand cost
if the property was dedicated (this equates to 50% of raw land cost of the re-
quired reservation), and provided that it is determined that the cash donation
can be used to acquire public sites which will benefit the residents of the
proposed subdivision as well as, on a regional basis, other residents of the City.
The following revision had been recommended by City Staff:
1. Cash donations which the developers may contribute
to the City should be used to acquire park sites as
well as recreation facilities.
2. In order to prevent development of future pocket-size
parks which could burden the Parks Division staff and
budget and result in future development and mainte-
nance problems, the acreage which the Planning Director
may waive should remain at two acres. This is con-
sistent with department poiicy of not accepting land
for recreational purposes of less than one acre.
As per the request of City Council, a BRIEFING and WORKSHOP will be scheduled in
conjunction with the Planning Department and the Department of Parks and Recreation to
clarify this Ordinance. Same will be scheduled for the City Council Meeting of
June 10, 1985.
May 20, 1985
- 21 -
Item II-I.11
PLANNING ITEM # 23649
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
May 20, 1985
- 22 -
Item II-I.12
PLANNING ITEM # 23650
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED INDEFINITELY the following Ordinance:
Ordinance to AMEND the MASTER STREET AND HIGHWAY PLAN
dated December 16, 1974, pertaining to the realignment
of the following streets: Shipps Corner Road, inter-
section of Indian River Road and Elbow Road, inter-
section of London Bridge Road and Great Neck Road with
Potters Road, Ferrell Parkway between Windsor Oaks Boule-
vard and Iiidependence Boulevard Extended, intersection
of Ferrell Parkway and Princess Anne Road, and the inter-
section of Princess Anne Road and General Booth Boulevard.
As the MAPS enclosed in Council's Agenda were not clear, the Planning Staff
is to present new MAPS showing an overlay of PRESENT and NEW ALIGNMENT iii con-
junction with this Ordinance.
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
May 20, 1985
23 -
Item ii-J.1a.b.c.
RESOLUTIONS ITEM # 23651
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council ADOPTED the Resolutions:
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DE-
VELOPMENT REVENUE BONDS IN THE AMOUNT OF $2,800,000
TO 1569 DIAMOND ASSOCIATES.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DE-
VELOPMENT REVENUE BONDS IN THE AMOUNT OF $2,100,000
TO MURPHY ASSOCIATES PROJECT.
A N D,
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DE-
VELOPMENT REVENUE BONDS IN THE AMOUNT OF $2,000,000
TO MARK F. GARCEA.
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, J., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 20, 1985
@it@ c>f NTiir@i@i@ IE3@@@"
J. DALFZ BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH. VIRGINIA 23456-9002
(804) 427-4531
May 15, 1985
The Honorable Harold Heischober, Mayor,
and Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor & Members of Council:
Re: Industrial Development Revenue
Bonds
In reviewing the bond issues on the agenda for May 20, 1985,
meeting of Council, please note the following information:
1. Mark Garcea and 1569 Diamond Associates are manufacturing
and distribution projects which I believe qualify as basic employ-
ment projects under the Governor's Executive Order pertaining
to Industrial Development Bonds. They have been given a full
allocation of the City's Private Activity Bond Limit by the
Development Authority.
2. Murphy Associates is a hotel project which, in my
opinion, would qualify as a basic employment project which has
also been given a full allocation of the City's Private Activity
Bond Limit by the Development Authority.
3. Wildwood Associates and Columbus Station Associates
are housing bond projects in which 20% of the units will,be set
aside for persons of low and moderate income. Columbus Station
Associates is the first housing project being financed by the
City of Virginia Beach Development Authority pursuant to legisla-
tion adopted by the General Assembly in the 1985 session.
if you have any questions concerning the above projects,
please give me a call.
VeKy truly yo S,
JDB/CMS/cb
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: 1569 Diamond Associates
2. LOCATION: 1569 Diamond Springs Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: Manufacturing and Distribution
facility
4. MIOUNT.OF BOND ISSUE: $2,800,000
5. PRINCIPALS: Robert 0. Copeland
John McKenzie
Harry Sandler
Fred Jacobson
Holly Brooks
Brian Barlia
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the I-2 - Heavy Industrial 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: April 15, 1985
TO: The City Council of Virginia Beach, Virginia
PROJECT N@IE,: 1569 Diamond Associates
TYPE OF FACILITY: Manufacturing & Distribution
1. Maximum amount of financing sought $ 2 800,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 2,300,000
3. Estimated real property tax per year
using present tax rates $ 18,400
4. Estimated personal property tax per
year using present tax rates $ 20,000
5. Estimated merchants, capital (business
license) tax per year using present tax
rates $
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 400,000
7. Estimated number of regular employees on
year round basis 80
B. Average annual salary per employee $ 24,625
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the Authority
has made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
Bv
--Ci7a l@n
A
SEGAR 140GAN# INC.
GOODMAN
NORFOLK VIRGINIA'
627-0661'@@@
EFUI
PROJECT NAME: 1569 Diamond Associates
PROJECT ADDRESS: 1569 Diamond Springs R-d
TyPE OF PROJECT: Manufacturing & Distribution
FacilitY
EConomic Impact Statement
1. Amount Of investment $ 3,000,000
2. Amount of industrial revenue bond financing
sought $ 2,800,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach s2,300,000
4. Estimated real property tax per year using
$ 18,400
present tax rate
5. Estimated personal property tax $ 20,000
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 35
B. Payroll generated 80,000 Av. wage 28,000
C. Number of jobs retained 4 5
D. Payroll retained $ 990,000 Av. Wage
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventoryc machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Professional 100,000
Inventory 2,000,000
Vehicles (Equipment) 250,000
Miscellaneous 50,000
TOTAL 0 00
F Estimated building permit fee and other municipal
000
f ees
G. Estimated construction payroll 5,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach 20,000
J. Estimated number Of construction jobs 9
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
S. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes _ NO x
g. 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)
1569 Diamond Springs Road, Virginia Beach, Virginia
11. Explanation of alternative financing that has been
reviewed for project None
I hereby certify that the information stated in the above
Economic Impact Statement is accurat* and true in all respects.
(App cn@)
Subscribed and sworn to before me this day of
1984.
Notary Public
I
My Commission Expires:.
RESOLUTION APPROVING THE PLAN OF FINANCING
FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR 1569 DIAMOND ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application and plan of
financing of 1569 Diamond Associates, a Virginia general partnership
(the "Company"), for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $2,BOO,000 (the
"Bonds") to assist in the financing of the Company's acquisition,
renovation, and equipping of a manufacturing and distribution
facility (the "Facility") located at 1569 Diamond SiDrings Road
in the Citv of Virqinia Beach, Virginia, and has held a public
hearing thereon on May 14, 1985; and
WHEREAS, the Authority has requested the Citv Council (the
"Council") of Virginia Beach, Virginia (the "Citv"), to approve the
plan of financing for the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authorit.vls resolution approving the
plan of financina for the issuance of the Bonds, subject to terms
to be agreed u.,on, and a reasonably detailed summary of the comments
expressed at the public hearina, if any, have been filed with the
Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the plan of financing for the issuance of the Bonds by the
City of Virginia Beach Development Authority for the benefit of
1569 Diamond Associates, to the extent of and as required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the plan of financina for the issuance
of the Bohds, as required by Section 103(k), does not constitute
an endorsement of the Bonds or the creditworthiness of the Company;
hut; 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
tbereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue bonds for the Project for
any reason, includinq but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other projects.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majoritv of a quorum of the Council of the
City of Virginia Beach, virginia, on May 20 1985.
-2-
4/2 5/8 4
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: MURPHY ASSOCIATES PROJECT
2. LOCATION: 1005 Pacific Avenue, Virginia Beach
Virginia 23451
3. DESCRIPTION OF PROJECT: Fifty (50) unit hotel/motel
facility
4. AMOUNT OF BOND ISSUE: $2,100,000.00
5. PRINCIPALS: THOMAS MURPHY,SR.
LELA P. MURPHY
THOMAS M. MURPHY, JR.
R+eiiARD L.
PHILLIP P. MURPHY
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed? Yes No xx
C. If so, to what zoning
classification?
11/5/8 3
FISCAL IMPACT STATEKENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACHO VIRGINIA
PROJECT NAME: MURPHY ASSOCIATES PROJECT
TYPE OF FACILITY: FIFTY (50) UNIT HOTEL/MOTEL FACILITY
1. Maximum amount of financing sought $ 2,100,000.00
2. Estimated taxable value of the facility'S
real property to be constructed in the
municipality $ 1,942,000.00
3. Estimated real property tax per year
using prebent tax rates $ 15,540.00
4. EStimated personal property tax per
year using present tax rates $ 3,960.00
S. EStimated merchants' capital (business
license) tax per year using present.tax
rates $ 20,100.00
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 15,750.00
7. Estimated number of regular employees on
year round basis $ 6**
8. Average annual salary per employee $ 2 , 6 0 0 . 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
Bv
'--CfFa 7.
*Note: Excludes vlue f land already owned y u
b*m rphy Associates.
*NOTE: 6employees to provide maid service during peak
tourist season; 3 to 4 such employees during off
season.
ECONOMIC IMPACT
FOR
BOND ALLOCATION REVIEW
Economic Impact Statement
1. Amount of investment $2,100,000
2. Amount of industrial revenue bond financing
sought $2,100,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virlinta Beach $1,942,000
4. Estimated real property tax per year using
present tax rate $ 15,540
5. Estimated personal property tax $ 3,960
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 6
B. Payroll generated $ Av. Wage $2,600
C. Number of jobs retainbd N/A I
D. Payroll retained $ N/A Av. Wage $ N/A
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
Laundry and pool $
-rvir e-- 1 7
*Note: Excludes value of land already TOTAL $15,750
owned by applicant which will not be
financed with industrial revenye-bond.
F. Estimated building permit fee and other municipal
fees $ 75 , 00 0
G. Estimated construction payroll $ 700,000.00
H. Estimated value of construction material -
to be purchased within the City of
Virginia Beach $ 7 3 5 , 000 . 00
I. Estimated number of construction jobs 89 (includes offsit
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Projtc ',l represent a significant
upgrading of a nonoceanfront tourist fc l@,twyilnd is in keeprng-with
objective of upgrading quality/appearance of resorl, section of city.
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes x No
B. 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) 1005 Pacific Avenue,
Virginia Beach, Virqinia 23451
11. Explanation of alternative financing that has been
reviewed for project Conventional financing has been reviewed,
but project is not considered economically viable a se
f in-ancinq
*if allocation is received during May, 1985, it is anticipated
that bond will close in August, 1985, witli construction commencing
in September, 1985.
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respe-cts.
MURPIiY ASSOCIATES, a Virginia
general partnership
By:AvkA@ .
-Q BA
(Applicant) Michaei B. ney
Subscribed and sworn to before me this @cts-day of April
1984F.
Notary Publid
My Commission Expires:
L
OF
PROJECT NAME: murphy Associates
PROJECT ADDRESS: 1005 Pacific avenue
virginia Beach, Virginia 23451
TYPE OF PROJECT: Hotel/motel facility
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR MURPHY ASSOCIATES
WHEREAS, on October 11, 1983, the City of Virginia Beach
Development Authority of Virginia Beach, whose address is 770
Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia (the
"Authority") considered and adopted a Resolution of Intent (the
Resolution), approving the application of Murphy Associates, a
Virginia general partnership, whose address is 1005 Pacific Ave-
nue, virginia Beach, Virginia 23451 ("Purchaser") for the
issuance of the Authority's industrial development revenue bond
in an amount not to exceed $1,862,000.00 to assist in the
financing of the acquisition, construction, equipping and fur-
nishing of a fifty (50) unit hotel/motel facility (the "Project")
to be located on real property in the City of Virginia Beach,
Virginia; and
WHEREAS, the costs of the acquisition, construction,
equipping and furnishing of the Project are now anticipated not
to exceed TWO MILLION ONE HUNDRED THOUSAND DOLLARS
($2,100,000.00) rather than ONE MILLION EIGHT HUNDRED SIXTY-TWO
THOUSAND DOLLARS ($1,862,000.00) as previously anticipated; and
WHEREAS, after proper notice of public hearing as
required by law, the Authority has considered the application of
the Purchaser for the atnendment of the Resolution of Intent
adopted by the Authority on October 11, 1983, to substitute TWO
MILLION ONE HUNDRED THOUSAND DOLLARS ($2,100,000.00) as the prin-
cipal amount of the Authority's industrial development revenue
bond rather than the ONE MILLION EIGHT HUNDRED SIXTY-TWO THOUSAND
DOLLARS ($1,862,000.00), to assist in the financing of the
acquisition, construction and equipping of the Project, to be
owned and operated by the Purchaser, and has held a public
hearing thereon on , 1985, as required by Section
103(k) of the Internal Revenue Code of 1954, as amended, and Sec-
tion 15.1-1378.1, Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
- I -
approve the issuance of the Authority's industrial development
revenue bond in an amount not to exceed TWO MILLION ONE HUNDRED
THOUSAND DOLLARS ($2,100,000.00) (the "Bond") to comply with Sec-
tion 103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia, 1950, as amended, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be agreed
upon and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, for the benefit of Murphy Associates, a
virginia general partnership, 1005 Pacific Avenue, Virginia
Beach, Virginia 23451, to the extent of and as required by Sec-
tion 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 Bond, as
required by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bond shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach Development Authority, including its elected represen-
tatives, officers, employees, and agents, shall not be liable and
hereby disclaims all liability for any damages to any person,
direct or consequential, resulting from (1) the Authority's
- 2 -
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 allocate its allowable industrial development bond
volume to allocate its allowable industrial development bond
volume to one or more other projects if the issuance of tax-
exempt bonds by the Authority is restricted by State or Federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Project to
allocate a portion of its allowable industrial development bond
volume to the Project if the issuance of tax-exempt bonds by the
Authority is restricted by any State or Federal statute now or
hereafter 6nacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on 14ay 20 1985.
mur #1
cr.c
3
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENR REVENUE BOND
1. Project Name: MARK F. GARCEA
2. Project Location: 6.37 ACRES OF LAND LOCATED IN THE
OCEANA WEST INDUSTRIAL PARK, AREA
2, DESIGNATED AS PARCEL 69, FRONTING
ON SEARAWK CIRCLE, VIRGINIA BEACH,
VIRGINIA
3. Description of
P roj ect: A 60, 000 SQUARE FOOT FACILITY FOR
LEASE TO A MANUFACTURER AND DISTRIBURER
OF ELECRRICAL COMPONENTS
4. Amomt of
Bond Issue: $2, 000, 000. 00
5. Principals: MARK F. GARCEA: MR. GARCEA INTENDS
TO LEASE ALL OF THE FACILITY TO M&G
ELECrRONICS CORPORATION OF WHICH HE
IS THE 100% SIIAREHOLDER
6. Zoning Classification:
(a) Present zoning
classification of
the property? 1-1
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classif ication? N/A
12.4.5.C
FISCAL IMPACT S'FATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: APRIL 9, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACII, VIIIGINIA
PROJECT t4AME: MARK F. GARCEA
TYPE OF FACILITY: 60,000 SQUARE Focyr ELEGFRICAL COMPONENTS
MANUFACrURING AND I)ISTRIBUTION FACILITY
1. Maximum amount of financing sought $2,000,000.00
2. Estimated taxable value of the facility's $2,000,000-00
real property to be constructed in the
mmicipality
3. Estimated real property tax per year using $ 16,000.00
present tax rates
4. Estimated personal property tax per year $ 5,000.00
using present tax rates
5. Estimated merchants' capital (business license) $ 7,500.00
tax per year using present tax rates
6. Estimated dollar value per year of goods $380,000.00
and services that will be purchased locally
7. Estimated number of regular employees on 170-200
year round basis
8. Average annual salary per employee $ io,ooo.oo
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
By
REDA/2-15.1.C
Economic Impact Statement
1. Amount of investment $ .00
2. Amount Of industrial revenue bond financing
$ o 0
sought
3. Estimated taxable value of the facility's
real property to be constructed in the CitY
of Virginia Beach $ 0 0 0
4. Estimated real property tax per year using
present tax rate $ 16@000 00
5. Estimated personal property tax $ 5 , 0 0 00 0
6. Economic impact statement demonstrating the
ovetall return to the CitY:
A. Number of new jobs
B. Payroll generated $ 00,000.00 Av. Wage $4.00
C. Number of jobs retained 30
D. Payroll retained $1,000 000.6g. wage $
E. Estimate of the value of goods and services pllrchased
within the geographic boLIndary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Inventorv Parts $250,000-00
Vehicles $100,000-00
Professional-Legal 4
and Accountinq $ 35 000-00
TOTAL $ 385 000-00
F. Estimated building permit fee and other municipal
$ 2 - 0 - 0
,lees
G. Estimated cons@lruction payrc)ll s 1 0 o 0 00 0/wk.
H. Estimated value of cons"ruction material
to be purchased within the City of
Virginia Beach $ i o o o o o 0 . o o
I. Estimated number of construction jobs
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes X Zoned I-1
No
8. Has abond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes @ No _
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location mao)
ii. Explanation of alternative financing that has been
reviewed for project
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in @ll respects.
Mark F. Garcia
by: N. Reda, @ttorney
@
(A
Subscribed and sworn to before me this 8 day of April
1984.
Notat'y Public
my Commission Expires:
I Was @omm'S-,'cneil As C@:,yl M, E@e.-@dge
BRITANNY
0
101
v iof
s s
F
'S
OCEANA
NAVAL
R STAT
F
IFI
3 CONTINUED ON P:-:, 2=-4
PROJECT NAME: MARK F. GARCEA
PROJECT ADDRESS: Oceana West Industrial Park, Area #2,
Parcel 69, Seahawk Circle, Virginia Beach,
Virginia
TYPE OF PRODUCT: Manufacturer and distributor of electrical
componefits
RESOLUrION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
MARK F. GARCEA
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of
.Mark F. Garcea, an individual (the "Purchaser") for the issuance of the
Authority's industrial development revenue bonds in an amount estimated
at Two Million Dollars ($2,000,000.00) (the "Bonds") to assist in the
financing of the Purchaser's acquisition, construction and equipping of
a 60,000 square foot facility for lease to a manufacturer and distri-
bi-iter of electrical components (the "Facility") to be located on
approximately 6.37 acres of land located in the Oceana West Iridustrial
Park, Area 2, designated as Parcel 69, fronting on Seahawk Circle,
Virginia Beach, Virginia, and after proper notice in a newspaper of
general circulation has held a public hearing thereon on April 9, 1985
pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as
amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) oi the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, as well as the Economic Impact Statement, 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, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Autbority for the benefit of Mark F. Garcea to the extent of and as
required by Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
-1-
Section 103(k), does not constitute an endorsement of the Bonds or the
creditwortbiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, 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 a majority of a quorum of the Council of the City of
May 20
Virginia Beach, Virginia on 1985.
12. 4. 4. C
-2-
- 24 -
Item 11-J.2.a.
RESOLUTIONS ITEM # 23652
Sam Houston, spoke concerning elderly housing and submitted newspaper articles
from the Viginian-Pilot concerning Industrial Revenue Bonds, the elderly,
and family planning. (Copies of these articles are hereby made a part of the
record).
Assistant City Attoriiey Charles Salle' spoke in response to Council's
inquiries
Attorney Salle' advised this application is a continuation of the project that
presently exists at the end of Constitution Avenue.
City Council wished to be advised if this application is part of the
Townsend Rezoning. If this is a part of the Townsend Rezoning, when
same was originally rezoned it was intended to be for high density elderly
housing and this is why B-4 was permitted in this particular area as impact
from elderly housing would be much less than standard housing.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED INDEFNITELY the Resolution approving the Issuance of Multifamily
Rental Housing Bonds for COLUMBUS STATION ASSOCIATES, LTD.
This Resolution was DEFERRED to enable the City Attorney's Office to advise
Council as to whether this was indeed a part of the Townsend Rezoning.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Rarold
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
May 20, 1985
Gouncil Members Absent:
None
- 25 -
item II-J.3
RESOLUTIONS ITEM # 23653
Attorney Keith Quinney, represented the applicant, and was in attendance to
respond to inquires
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, CitY
Council ADOPTED a Resolution approving the Issuance of Special Revenue
Bonds in the amunt of $9,000,000 to WILDWOOD ASSOCIATES by the SUFFOLK
REDEVELOPMENT AND HOUSING AUTHORITY.
The City Attorney in a letter of May 20, 1985, advised City Council of an amendment
to the Wildwood Associates application. Same should be amended to show the
acreage as being 9.73 acres. Copy of said letter is hereby made a part of the
record.
Voting: 10-0
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:
H. Jack Jennings
*Verbal Aye
May 20, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACii DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED
BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
WILDWOOD ASSOCIATES
1. PROJECT NAME: (WILD1400D APARTMENTS)
2. LOCATION: Wildwood Drive and Country Mill Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 180 apirtinent units
4. AMOUNT OF BOND ISSUE: $9,000,000,00
5. PRINCIPALS Benjaniin J. Levy
Fraiik R. Spadea
Herbert L. Kramer
JeffrL@y L. Kramer
Richard Krainer
Edward A. Kramer
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is Rezoning proposed? Yes No x
c. If so, to what zoning
classification?
The purpose of this Resolution is to approve Suffolk
Redevelopment ajid Housing Authority's issuance of its Special
Reveiiue Bonds for the benefit of Wildwood Associates (Wildwood
Apartments).
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: Deceiiiber 11, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: WILDWOOD ASSOCLATES
TYPE OF FACILITY: 180-unit multi-faiiiily rL@sidLntial rental apart[rient
project known as Wildwood Apartillents.
1. MEixiiiium aiiiount of financing souglit $9,000,000.00
2. Estimated taxable value of the facility's
real property to be acquired and
renovated in the inunicipality $8,500,000.00
3. Estiniated real property tax per
year using present tax rates $ 72,000.00
4. Estitnated personal property tax
per year using present tax rates $ 2,400.00
5. Estiifiated merchants' capital
(business license) tax per year
using present tax rates $ -0-
6. Estiinated dollar value per year of
goods and services that will be
purchased locally $ 76,800.00
7. Estimated number of regular eiilployles
on year round basis $ 5
8. Average annual salary per eloployee $ 15,000.00
The inforination contairied in this Stateflient is based solely on
facts and estiidates provided by the Applicant, and the Authority hzis
iiiade no independent investigation with respect t@,ereto.
Bv
CF-. i @n
HA
nr.s
VAL
S TION
*WILDWOOD APARTMENTS
WILDWOOD ASSOCIATES
PROJECT NAME: (WILDWOOD APARTMENTS)
PROJECT LOCATION:WILDWOOD DRIVE AND COUNTRY MILL ROAD
VIRGINIA BEACH, VIRGINIA
TYPE OF PROJECT: 180 unit multi-family residential rental housing project
RESOLUTION OF CITY COUNCIL APPROVING THC
ISSUANCE OF HOUSING REVENUE BONDS FOR
WILDWOOD ASSOCIATES
WHEREAS, the City of Virginia Beach Development AuthoritY of
Virginia Beach, Virginia (the "Authority"), has considered the
application of Wildwood Associates, a Virginia limited partnership (the
"Company"), for the issuance by the Suffolk Redevelopment and Housing
Authority (the "Housing Authority") of its housing revenue bond or
bonds in an amount not to exceed $9,000,000 (the "Bonds") to assist in
the financing of the Company's acquisition, construction and equipping
of a 180-unit multi-family residential rental housing project (the
"Project") located on Wildwood Drive at or near its intersection with
Country Mill Road in the Hilltop section of Virginia Beach, Virginia,
which Project will reserve at least 20% of the housing units for
persons of low or mo8erate income, and has held a public hearing
thereon on May 14, 1985; and
WHEREAS, the Housing Authority has held a public hearing on
the same matter on May 14, 1985; and
WHEREAS, the Authority and the Housing Authority have
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) 6f the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia of
1950, as amended, a copy of the Authority's and the Housing Authority's
resolutions, each approving the issuance of the Bonds, subject to terms
to be agreed upon, a copy of the Authority's and the Housing
Authority's Fiscal Impact Statements and a reasonably detailed summary
of the comments expressed at each public hearing, if any, have been
filed with the Council of the City;
THEREFORE, 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
Housing Authority for the benefit of Wildwood Associates, a Virginia
limited partiiership, to the extent required by Section 103(k) of the
Internal Revenue Code, and to the extent required by Section 36-19.2
and Section 36-23, Code of Virginia, 1950, as amended, to permit the
Housing Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), and by Section 36-19.2 and Section 36-23 does not
constitute an endorsement of the Bonds or the creditworthiness of the
Company, but, as required by Section 36-29, Code of Virginia, 1950, as
amended, the Bonds shall provide that neither the City, the City of
Suffolk, the Housing Authority 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, the
City of Suffolk, the Housing Authority 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 May 20 , 1985.
GKQ.RES.WILDWOOD.4/2/85 - 2
26 -
Item II-J.4
RESOLUTIONS ITEM # 23654
ADD-ON
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution authorizing the City Attorney's Office to
represent the Zoning Administrator and appeal the May 15, 1985, decision
of the Board granting AREA CORPORATION a variance of twelve (12) signs to
seventeen (17) signs instead of five (5) signs as allowed on a 10-acre
parcel at 3352 Virginia Beach Boulevard, Lynnhaven Borough.
Voting: 9-0
Council Members Voting Aye:
John A Baum, Nancy A. Creech, 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:
Robert E. Fentress and H. Jack Jennings, Jr.
May 20, 1985
- 26a -
RESOLUTION
WHEREAS, Area Corporation requested a variance from the
Board of Zoning Appeals of the City of Virginia Beach (herein-
after the "Board" ) of twelve ( 12) signs to seventeen (17) signs
instead of five (5) signs as allowed on a 10-acre parcel at 3352
Virginia Beach Boulevard, Lynnhaven Borough; and
WHEREAS, on May 15, 1985, the Board granted Area
Corporation their requested variance; and
WHEREAS, the Zoning Administrator and the City Council
feel that the granting of the variance by the Board is contrary
to the public' s interest.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Attorney' s office is authorized to
represent the Zoning Administrator and appeal the May 15, 1985 ,
decision of the Board granting Area Corporation the above-
reference variance.
Adopted by the Council of the City of Virginia Beach ,
May 20
Virginia, on _ , 1985•
RJN/cb
5/16/85
May 20, 1985
- 27 -
Item II-K. 1.2.3
ORDINANCES ITEM # 23655
Attorney Grover Wright, represented the applicant, R. G. Moore
Opposition:
Robert M. Galewski, President of Citizens Against Incompatible Rezonings, spoke
in opposition to the process by which City Council is handling the matter of
the SAJO FARM.
Irvin A. Douglas, President of the Council of Civic Organizations, reiterated
Mr. Galewski's position.
Sam Houston, spoke concerning criteria for the location of elderly housing projects
Rae H. LeSesue, represented the Citizens Action Coalition, referenced need for
an established policy and supported referral of this item back to the Planning
Commission
The following registered in Opposition, but did not speak:
R. C. Copeland
Jeanne Copeland
C. M. Buckman
ACTION WAS NOT TAKEN by City Council on the following:
RESOLUTION ACCEPTING DEDICATION BY KEMPSVILLE LAKE
NUMBER 1 PARTNERSHIP OF THE SAJO MANOR HOUSE
AND,
ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE
SIMPLE BY AGREEMENT OR BY CONDEMNATION FOR RIGHT-OF-
WAY FOR INGRESS/EGRESS TO THE SAJO MANOR HOUSE.
With the Assistance of a map, Director of Planning, Robert Scott, outlined the
three (3) ALTERNATIVES concerning TRANSFER OF OPEN SPACE:
(1) A 58,000 square foot parcel of land about 1-1/4
acres previously dedicated or about to be dedi-
cated in the Hodgeman tract and augment same by
2.88 acres.
(2) Leaving that Park dedicated in the size already
committed, which is 1-1/4 acres and go into the
Park which is approximately 2-1/2 acres already
committed in the SAJO Farms and placing improvements
on that PARK in the amount of aproxamately $70,000.
(3) Although not on the map at the present time, a de-
scription of the site was presented. This Alter-
native was proposed by the developer. A final
arrangement with R. G. Moore regarding the Park
DEDICATION will be made and a plat is being put
to record. This area would total 2.88 acres
DEDICATED to the City of Virginia Beach.
A MOTION was made by Councilman Louis R. Jones, and seconded by Councilwoman
Oberndorf, to REFER BACK TO THE PLANNING COMMISSION various Alternatives concerning
dedication of "open space" as well as a Resolution and Ordinances relating to the
R. G. Moore (SAJO FARM) Application for their recommendation betore any further
action is considered by City Council.
- 23 -
Item II-K. 1.2.3
ORDINANCES ITEM # 23655 (Continued)
Upon MOTION by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance declaring the SAJO MANOR HOUSE PROPERTY EXCESS; AND, AUTHORIZING
the City Manager to dispose of same, as well as APPROVING the THIRD ALTERNATIVE
presented by the Director of Planning concerning DEDICATION of "open space" in the
amount of 2.88 acres.
Although not on the map at the present time, a de-
scription of the site was presented. This Alter-
native was proposed by the developer. A final
arrangement with R. G. Moore regarding the Park
DEDICATION will be made and a plat is being put
to record. This area would total 2.88 acres
DEDICATED to the City of Virginia Beach.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr. , D.D.S.
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
Councilwoman Henley requested the Staff provide copies of the Plan that exists
today, the total number of units being constructed and the exact location of
the open space accompanied by maps as applicable to the R. G. Moore (SAJO FARM)
application.
May 20, 1985
- 28a -
AN ORDINANCE DECLARING THE SAJO
MANOR HOUSE PROPERTY EXCESS AND
AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, by Deed of Dedication, dated January 16, 1985,
and recorded in the Clerk' s Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 2410, at Page 880,
Kempsville Lake Number 1 Partnership conveyed to the City of
Virginia Beach for recreational purposes the following described
property, commonly known as the Sajo Manor House and hereinafter
referred to as the "Property," to-wit:
ALL THAT certain lot, piece, or
parcel of land, together with the
buildings and improvements thereon ,
situated, lying, and being in the
Bayside Borough, City of Virginia
Beach, Virginia, and being known,
numbered, and designated as PARCEL
3, as shown on that certain plat
entitled "SUBDIVISION OF A PORTION
OF THE SAM JONES ESTATE," Bayside
Borough, Virginia Beach, Virginia ,
dated April 17, 1984, Scale:
1 "=200' , made by Langley & McDonald ,
Engineers-Planners-Surveyors ,
Virginia Beach, Virginia, which said
plat is duly recorded in the Clerk' s
Office of the Circuit Court of the
City of Virginia Beach, Virginia, in
Map Book 182, at Page 15, together
with all title, rights, and
interest, the Grantor may have in
and to the ingress/egress easement
approximately 20 feet in width over
the property now or formerly Mary
Ruth Jones Scott, M.B. 148 , P. 54 ,
more particularly as shown on the
heretofore referenced plat.
WHEREAS, it has been determined that the Property is not
suitable for its intended recreational purposes,
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Property is hereby declared to be in excess of
the needs of the City of Virginia Beach and that the City Manager
is authorized to return the Property to Kempsville Lake Number 1
Partnership, a Virginia general partnership.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 20 day of May , 1985.
CJ/da - 5/15/85 - (B)
5/16/85 May 20, 1985
28b-
DID NOT ADOPT
RESOLUTION ACCEPTING DEDICATION
BY KEMPSVILLE LAKE NUMBER 1
PARTNERSHIP OF THE SAJO MANOR
HOUSE
WHEREAS, Kempsville Lake Number 1 Partnership (the
"Partnership" ) is developing a residential project known as
Wesleyan Chase (the "Project" ) ; and
WHEREAS, the Partnership is required to set aside
certain recreational areas in connection with the Project; and
WHEREAS, the Partnership has offered to dedicate to the
City a 4 .45 acre parcel of property upon which the Sajo Manor
House is located for recreational purposes; and
WHEREAS, the Partnership has also offered to contribute
$500 ,000 .00 to the City to be used to maintain the Sajo Manor
House or for whatever other purposes the City may desire; and
WHEREAS, the Partnership has further offered to pay for
the costs of the acquisition of right of way and construction of
an access road to the Sajo Manor House; and
WHEREAS, the Partnership has offered to contribute
$25 ,000 as partial payment for acquisition of right of way to the
Sajo Manor House and has further obtained a surety bond in the
amount of $200 ,000 for the construction of said right of way and
for any other costs associated with the right of way acquisition.
WHEREAS, the City Council has determined that it would
be in the best interests of the City to accept the dedication of
the Sajo Manor House, the $500 ,000 .00 contribution, the offer of
the Partnership to acquire and construct an access road to the
Sajo Manor House and the $25 ,000 partial payment tendered for that
purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1 . That the City Council hereby accepts the
Partnership's offer to dedicate the Sajo Manor House to the City.
2. That the City Council hereby accepts the
Partnership' s contribution to the City of $500 ,000 .00 .
May 20, 1985
_ 28c _
DID NOT ADOPT
3. That the City Council hereby accepts the
Partnership's agreement to acquire and construct an access road to
the Sajo Manor House and the $25,000 partial payment tendered for
that purpose.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 1985.
CMS/da
5/15/85
(RES.2)
5/16/85
-2-
May 20, 1985
- 28d -
DID NOT ADOPT
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE BY AGREEMENT
OR BY CONDEMNATION FOR RIGHT OF WAY FOR
INGRESS/EGRESS TO THE SAJO MANOR HOUSE
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of a right of way for ingress and egress from
either Diamond Springs Road or New Shell Road to the following
described real estate owned by the City, commonly known as the
Sajo Manor House and hereinafter referred to as the "Property,"
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, to wit:
ALL THAT certain lot, piece, or
parcel of land, together with the
buildings and improvements thereon,
situated, lying, and being in the
Bayside Borough, City of Virginia
Beach, Virginia, and being known,
numbered, and designated as PARCEL
3, as shown on that certain plat
entitled "SUBDIVISION OF A. PORTION
OF THE SAM JONES ESTATE," Bayside
Borough, Virginia Beach, Virginia,
dated April 17, 1984, Scale:
1 "=200' , made by Langley & McDonald,
Engineers-Planners-Surveyors,
Virginia Beach, Virginia, which said
plat is duly recorded in the Clerk's
.Office of the Circuit Court of the
City of Virginia Beach, Virginia, in
Map Book 182, at Page 15, together
with all title, rights, and
interest, the Grantor may have in
and to the ingress/egress easement
approximately 20 feet in width over
the property now or formerly Mary
Ruth Jones Scott, M.B. 148, P. 54 ,
more particularly as shown on the
heretofore referenced plat.
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 is required to provide
May 20, 1985
28e
DID NOT ADOPT
ingress and egress to the Property from either Diamond Springs
Road or New Shell Road.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said Property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 1985.
5/15/85
Alt . 3 . 1
May 20, 1985
-2-
- :29 -
Item II-L. 1
ORDINANCES ITEM # 23656
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance AS AMENDED, on SECOND READING, to amend and re-
ordain Section 35-115 of the Code of the City of Virginia Beach pertaining to
UTILITY TAXES. (Effective August 1, 1985)
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
May 20, 1985
- 29a -
AN ORDINANCE TO AMEND ANI) REORDA I N
SECTION 15-1 15 OF THE CODE OF THE
CITY 0F VIRGINIA REACII PERTAINING
TO UTILITY TAXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ,
VIRGINIA, THAT SECTION 15-115 OF TIlE CODE OF THE CITY OF VIRGINIA
BEACH IS HEREBY AMENDED ANI) REMAINED AS FOLLOWS: •
Sec . 35-1155. Levied ; amount ; exclusions.
(a) For each year , beginning January first and ending December
thirty-first of each such year , unless otherwise changed by the council ,
there is hereby imposed and levied by the city , upon each residential
purchaser of a uLi l ity service, a tax in the amount of twenty ( 20 )
percent of the Charge , exclusive of any federal tax thereon , made
by the seller against the purchaser with respect to each uti.li.ty ser-
vice .
er-
v.i.ce . -* .,a p d. •i n• n d•d i-6 i•o H. •1.L Fe r.e •i s- 14.e we It Y- iKn po s e.d n ei �e -b.y -4 Lre
w i.t y♦ u p.Q a,ar:.h.u.1uru►c rrc1.31...o r.-1-641.41.s t,r.i.c r l ri.r ch as.e 4-Q1 ,
u• .fi+�x ..i n--I h O- errw wa 4..i)L. -6%444444 44 y -(.204.-r arc.a41 t. ..4 L.Lh 6► c.h a r g e,- N x s e N.t s;•
erC-H car u-i sca ke-r ei.n- to-r oc i-d ec1-1 -r K.c. I•u s•i we•o.i -rr Foy -f ed er 1- tc'Fe cPn, -m dOe-
13.5: h a sal Le ra-g g i.ws t-L l.e lx+r 4.44 we wr w•i t.k r•e` c_a6t-t:o-each ii411:44
M•iTh~r r sport-to the comirre1^ par ehaaers-of -te-tephemr-- sertires, e-
14 -boa wt lc- (204 _t)wrconk - o.14- boa i c lam'grer;- .for= lo.ca 1 -.'xc:han ge
Lc'
'eh uti e..soars i C.e,. and-a L I..cr i h w.r w.r wi p r awl i 4.e4 kJ-c- R n e c4-i.e i--w-i t h
1cae a 7» c+x c.4r a.R g e 6.e l.e 044 c»e o v. ci. s.h,.}i]- toe 4,a are r •(4}. pe ti:c e
40. (1 ) There is excluded from the tax imposed and levied by
this section so much of the charge , exclusive of any federal tax thereon ,
made by the seller against the purchaser for gas, electricity or water
service as is, for each such service , in excess of twelve dollars
($ 12.00) for any single-family unit for any month or part of a month . Where
more than one single-family unit is served by one meter , in computing
such maximum of twelve dollars ( $12.00) , the same shall be multiplied
by the number of single-family units served by such meter .
May 20, 1985
- 29b -
44i} (2) There is excluded from the tax imposed and levied by
this section so much of the charge , exclusive of any federal tax thereon ,
made by the seller against the purchaser for residential telephone
service as is in excess of twelve dollars ($12.00) for any month or
part of a month.
( -T Fre -taw -i mgp r'.d-. h.y •th14 .-seC t•i.we•sle14.1- o4. •he •a-pp4 i•Qd t o 4'0 w
100*.t 4.0 A.w 44 n}o .t 114 c•ka*gee-f for 44 n s i s, ei• tot i-i i.4,-car+4.1 or, 4 o- a••c4.r n Ag. 14.
r- awl. ure-h ars eY -t.hti t- p.x e e e el.s feu.", *u ocl-red-.d rrl 144 r $404.44(3-
dor ..p.wr.ioseso. o.4. 4his—sec o41 ,- the—wo.r 4.s='64)none.o( a l,. ar- i.uicls6:.txi.a3.
r-chhe.ser'..s.a4.1 41041 lxi 044 nat. to �-nc..ude..a-pu.afaacev. i-A .c.h 4116 lws-i'nos a
eof•-r a t•.n a•j a it n n t-t: -et r-.t.l r e* stt 044 4w e-1 1+n g. LON i 4.s -e sit e- 614.i-1 i-t y-•scam-v-t c e
€-1.14e.n.O s>fie d-d-3 r ec t-1. t eir . fop ale t anent. he r-s h-'d we 1.,1 g-.11444 ti•t Kew#•d
hew?yew, t--u t.•4.1 -t.y—sF 4 v4 caas .p u.r-c Ips ad -.boy. 4•1 h-. p•i na lay So?r- .6 h.;o.++g la.
c..eparatet-mat e-.s.-f. t rI.boo y.sr- sewg-Toe l.s,.-»otot sfidgi.ti-nt t+nrel•
e•t lee r••a ec ees o t:•y ++s es sh a-.1 -l4e-deemed c-o m rwe P.e i aa. tor 4.a da s i;.r 4w 1.•pc lia se s.
(b) For each year , beginning January 1st and ending December 31st
of each such year , unless otherwise changed by the council , there
is hereby imposed and levied by the city , upon each commercial or
industrial purchaser of an electric , gas, or water utility service,
a tax in the amount of fifteen (15) percent of the first $500 of the
monthly charge, and five (5) percent on the amount between $500 and
$1 , 600 of the monthly charge for any single billing for electric ,
gas , or water service , exclusive of any federal tax thereon, made
by the seller against the purchaser with respect to each utility service.
The tax imposed by this section shall not he applied to any portion
of a monthly charge for any single electric , gas, or water utility
service to a commercial or industrial purchaser that exceeds one thousand
six hundred dollars ($1 ,600.00) .
With respect to i he commercial purchasers of telephone services,
the tax shall he twenty (20) percent on basic charges for local exchange
May 20, 1985
- 29c
•
telephone service, and all other services provided in connection with
local exchange telephone service shall he taxed at four (4) percent .
The tax imposed by this section shal 1 not be applied to any portion
of a monthly charge fur any single telephone utility service to a
commercial or industrial purchaser that exceeds four hundred dollars
( $400.00) .
(c) For the purposes of Lhis section , the words "commerci.;r1
or industrial purchaser" !.bol I not be const rued to include a purchaser
in the business of renting apartments or other such dwelling units
as to utility service furnished directly to an apartment or ether
such dwelling unit; provided , however , that utility services purchased
by such purchaser through separate meters for hallways, swimming pools ,
nut side lighting and other accessory uses shall be deemed commercial
or industrial purchases.
This ordinance shall become effective and shall have application to
billings for utility service occurring on and after August 1, 1985.
Adopted by the Council of the City of Virginia Beach on the 2.
day of May ; , 1985.
•
A• -•VED AS TO CO TEN
I, • 8.•
61GNMORE / , •
EPARTMENT
APPROVED AS TO FORM May 20, 1985
� L•
'��r $10NATURE
CITY ATTORNEY
- 30 -
Item II-L.2
ORDINANCE ITEM # 23657
P. Wade Kyle, Administrator of the Solid Waste Drivision, presented an analysis
comparing actual and projected expenditures for once and twice-per-week refuse
collection services, for the Fiscal years 1980/81 through 1984/85 (Copy of
said Memorandum is hereby made a part of the record) .
Council further noted a Capital Outlay of $1,800,000 for thirty vehicles (summer
only) would be the main expense. This would entail a one time figure for six
years.
BY CONSENSUS, City Council AUTHORIZED the Staff to report back to City Council on
July 1, 1985, concerning an analysis of Capital Outlay Costs relating to:
Ordinance to amend and reordaia Section 31-27 of
the Code of the City of Virginia Beach, Virginia,
pertaining to frequency of collection of SOLID WASTE
This ANALYSIS would entail twice-a-week collection all year 'round versus
accelerating the new AUTOMATED SYSTEM, as well as private contractors and the
fees entailed in the event the new AUTOMATIVE SYSTEM was not sufficient.
Wade Kyle advised of the necessity to act now, if plans are to be implemented
for the Summer of 1986. With reference to the new AUTOMATED SYSTEM, specifications
are being prepared now. This will be a phase-in program.
May 20, 1985
- 21 -
Item II-L.3
ORDINANCES ITEM # 23658
The following spoke in favor of the proposed Ordinance to amend and reordain
Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining to
DOGS ON THE BEACH
Attorney Bruce G. Murphy, distributed photographs to Council of dog feces on
the beaches, and gave a history of this particular code amendment accompanied
by a PETITION containing over 1,000 signatures requesting the City Council
to PROHIBIT dogs on the City Public Sand Beaches at all times. (Said petition
and photographs are hereby made a part of the record) .
R. Sydney Morecock, distributed additional photographs (Said photographs are
hereby made a part of the record)
Attorney Robert H. Bennett distributed an article from the JOURNAL OF ENVIRONMENTAL
HEALTH entitled "Dog Feces, A Public Health and Environmental Problem" as well
as distributed a petition in opposition to DOGS on the beaches (said article and
petition is hereby made a part of the record) .
The following spoke in OPPOSTION to an Ordinance to amend and reordain Section 5-73 of
the Code of the City of Virginia Beach, pertaining to keeping DOGS UNDER RESTRAINT,
as well as the Ordinance to amend and reordain Section 6-5 of the Code of the City of
Virginia Beach, pertaining to DOGS ON BEACH.
W. MacKenzie Jenkins, Jr. , resident, introduced a petition containing the names
of over 400 citizens who reside between 42nd Street and Fort Story, who wish
the current Ordinance relating to DOGS ON THE BEACH at the NORTH END remain
unchanged. (Said petition is hereby made a part of the record) .
Elizabeth Sills, representing the SPCA, the Virginia Federation of Humane Societies,
Inc. , and the Tidewater Humane Society, presented two reports. (Copy of said
reports are hereby made a part of the record)
Lee Carruth, resident of Gosnold Court, advised she was in favor of a fine
if in violation to the present Ordinance concerning DOGS ON BEACH.
Attorney Jack Stokes, resident of 6005 Atlantic Avenue, advised that dogs are
sometimes family.
Robert Low, Member of the North Virginia Beach Civic League, advised the present
Code was not fully understood
J. Hofferbert, resident of 60th Street, spoke in favor of more adequate signage
W. G. Schendel, resident of 69th Street, requested City Council support
"Man's Best Friend".
Monica Watkins, President of Tidewater Humane, Inc. , advised City Council this
Humane Society was a volunteer organization and a public low-cost neuter program
is provided.
The following also registered in Opposition to these Ordinances but did not speak:
Georgette Constant-Davis
Thomas Rodgers
Ray Rawl
All of those in OPPOSITION to said Ordinance were asked to stand. They occupied
over one-fourth of the seating capacity of the Council Chamber
A two page signed list of individuals in SUPPORT of the proposed Code Amendments
and those OPPOSED to same is hereby made a part of the record
May 20, 1985
- 32 -
Item II-L.3
ORDINANCES ITEM # 23658 (Continued)
A MOTION was made by Coucilman Jennings to AMEND and REORDAIN Section 6-5 of
the Code of the City of Virginia Beach, Virginia, pertaining to DOGS ON BEACH.
This MOTION failed for lack of a SECOND.
City Council DISCUSSED the Ordinance to amend and redordain Section 5-73 of
the Code of the City of Virginia Beach, Virginia, pertaining to keeping
DOGS UNDER RESTRAINT; AND, BY CONSENSUS, AUTHORIZED the City Attorney to
examine the following Ordinance for COMPLIANCE and different classifications
of VIOLATIONS and return to City Council on June 3, 1985:
ORDINANCE TO AMEND AND REORDAIN SECTION 6-5 OF
THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DOGS ON BEACH.
May 20, 1985
- 32a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-73 OF THE CODE OF THE CITY
. OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO KEEPING DOGS UNDER RESTRAINT
BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Section 5-73 of the Code of the City of Virginia
Beach , Virginia, pertaining to keeping dogs under restraint, is
hereby amended and reordained as follows:
Section 5-73 Keeping dogs under restraint - leash law.
(a) It shall be unlawful for the owner of any dog to
permit the dog to go upon any public street, sidewalk or right of
way, exeled±iig including the public beaches of the city, unless
it is kept secured by a leash or lead or other means of restraint
not harmful or injurious to the dog and under the control of a
responsible person capable of physically restraining the dog.
(b) Any person who does not restrain his dog, in
accordance with this section, whether such person be the owner or
custodian of such dog, shall be guilty of a Class 4 misdemeanor.
The animal control officer or police officer may issue a summons
to any person he finds in violation of this section.
( c) ( 1 ) This section shall not apply to any person
who uses a dog under his direct supervision while lawfully
hunting, while engaged in a supervised formal obedience training
class or show, or during formally sanctioned field trials.
( 2) This section shall not apply to any person
south of the trace line beginning at the intersection of Elbow
Road and the Chesapeake-Virginia Beach city boundary line; thence
northeastwardly along Elbow Road to Salem Road; thence
southeastwardly along Salem Road to North Landstown Road ; thence
northeastwardly along Landstown Road to Princess Anne Road;
thence southeastwardly along Princess Anne Road to Oceana
Boulevard; thence northeastwardly along Oceana Boulevard to Dam
Neck Road ; thence eastwardly along Dam Neck Road to its
intersection with the Atlantic Ocean; with the exception of
May 20, 1985
- 32b -
subdivisions of Red Mill Farms and the communities of Sandbridge
and Lag 0 Mar.
Adopted by the Council of the City of Virginia Beach, on the
day of , 1985.
RMB/da
5/14/85
(B) This ordinance shall be effective from
date of adoption.
-2- May 20, 1985
- 32d -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DOGS ON BEACH
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-5 of the Code of the City of Virginia
Beach , Virginia, are hereby amended and reordained pertaining to
dogs on beach as follows:
Section 6-5 . Dogs on beach .
(a) It shall be unlawful for any person owning, having
control of or harboring any dog to cause, suffer or permit such
dog to be on the public sand beaches, the boardwalk and or the
grassy area west of the boardwalk to the property lines from
Rudee Inlet on the south to 42nd-Street Fort Story on the north
during the period from May fifteenth through September thirtieth
of each yearsseh-perled-hereinafter-ealled-the--seasenmr-emeegt
ire-a-residentia -distriet-where-sseh-deg-may-be-permitted-ea-the
pulaiie-sand-beaehes-in-the-esstedy-e1--under-the-eentrel-e€-a
resgensibie-gersen-daring-the-seasen-between-71-ee-g-m--and-91-89
a:m--the-€eflewlrig-day-
(b) Any person owning, having control of or harboring
a dog shall not cause, suffer or allow such dog to litter the
public sand beaches, the boardwalk and or the grassy area west of
the boardwalk to the property lines from Rudee Inlet on the south
to 4nd-Street Fort Story on the north at any time. during-the
seasen-e1--at-any-ether-time: In the event such dog shall
defecate on the public sand beaches , the boardwalks and the
grassy area west of the boardwalk to the property lines from
Rudee Inlet on the south to 42nd-Street Fort Story on the north
at any time, the person owning, having control of or harboring
such dog shall immediately remove all feces deposited thereon by
such dog and dispose of same in a sanitary manner approved by the
department of public health, such as by encasing same in an
May 20, 1985
- 32e -
airtight wrapper or container and placing same in a garbage
receptacle.
Adopted this • day of , 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da This ordinance shall be effective from date of adoption.
MISC
4/26/85
APPROVED AS TO CONTENT
SIGNATURE
DEPARTM NT
A R VEDA FlOg'1
CITY A T 1OF NEY
•
May 20, 1985
-2-
- 33 -
Item II-M
CONSENT AGENDA ITEM # 23659
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED in ONE MOTION Items 1 through 14 of the CONSENT AGENDA with
the exception of Item 3 and 6 which were voted on separately.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 34 -
Item II-M.1
CONSENT AGENDA ITEM 4E 23660
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a RESOLUTION OF APPRECIATION to:
William L. Towers
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 34a-
RESOLUTION OF APPRECIATION
TO
WILLIAM L. TOWERS
WHEREAS: William L. Towers served as a member of the
BOARD OF ZONING APPEALS for more than ten years, he served
willingly and untiringly in behalf of the City of Virginia
Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and
inconveniences, not only to him but frequently to his family.
We trust much satisfaction was realized in successfully
administering in this advisory capacity--not only to •City
Council but also to the citizens of this fast-growing metro-
polis. Advisors and Volunteers have saved the City untold
dollars, but, more importantly, our successful growth depends
upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council here assembled pauses in its deliberations to
express pride in and deepest gratitude for this service to
WILLIAM L. TOWERS
BE IT FURTHER RESOLVED: That this Resolution be framed
for presentation with a copy spread upon the Minutes of this
Regular Session of Virginia Beach City Council this Twentieth
day of May, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
May 20, 1985
- 35 -
Item II-M.2
CONSENT AGENDA ITEM # 23661
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED the following:
RESOLUTION TO APPLY FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE ELEVENTH PROGRAM
YEAR
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985.
- 35a -
i
Requested by: The Department of Housing and Community Developmentz O. �.
O U-
RESOLUTION TO APPLY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS < ?
- 56 -
Item II-M.3
CONSENT AGENDA ITEM # 23662
A MOTION was made by Councilwoman Henley to DEFER consideration of the Resolution
to establish a "CHALLENGE GRANT" in the amount of $1.5 MILLION to be paid to
the Board of Directors of the VIRGINIA BEACH ARTS CENTER upon commitment of funding
from the Commonwealth of Virginia. This DEFERRAL was requested in order to realize
the City's unencumbered balance and examine the other projects in relation to this
particular one. This MOTION FAILED for a lack of a SECOND.
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED a Resolution establishing a "CHALLENGE GRANT" in the amount of $1.5
MILLION to be paid to the Board of Directors of the VIRGINIA BEACH ARTS CENTER
upon a commitment of funding from the Commonwealth of Virginia.
Voting: 9-2
Council Members Voting Aye:
John A Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, 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:
Barbara M. Henley, and H. Jack Jennings, Jr.
Council Members Absent:
None
May 20, 1985
- 36a -
RESOLUTION
WHEREAS , the Board of Directors of the Virginia Beach
Arts Center has raised over $2. 2 million towards the construction
of a first-class Arts Center in Virginia Beach; and
WHEREAS , fund raising efforts will continue in order to
obtain the funds necessary to construct this facility; and
WHEREAS, the need for this facility has been identified
in the strategic plan prepared by the Virginia Beach Arts and
Humanities Commission; and
WHEREAS , the Commonwealth of Virginia has indicated a desire
to participate in the capital funding of this project in a similar
amount to the City of Virginia Beach; and
WHEREAS , the Council of the City of Virginia Beach believes
that this worthwhile project is in the public interest and will
significantly enhance cultural opportunities for all of our
citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that a reserve from the ending
balance be established , in the amount of $1. 5 million , to be
paid to the Board of Directors of the Virginia Beach Arts
Center upon a commitment of funding from the Commonwealth of
Virginia in the amount of $1. 5 million for the construction
of the Virginia Beach Arts Center.
ADOPTED: May 20, 1985
May 20, 1985
- 7 -
Item II-M.4
CONSENT AGENDA ITEM # 23663
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution establishing the CITY AND SCHOOL BOARD PAY PLAN
REVIEW TASK FORCE.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 37a -
A RESOLUTION ESTABLISHING THE CITY AND
SCHOOL BOARD PAY PLAN REVIEW TASK FORCE
WHEREAS, the City Council has established a merit pay
plan; and
WHEREAS, the School Board has adopted pay plans for
its teachers/administrators and classified employees; and
WHEREAS, the two systems should operate in a coordinated
manner to insure fair treatment of similarly situated employees;
and
WHEREAS, both city and school employees should be provided
positive incentives to improve performance; and
WHEREAS, the City Council should periodically participate
in a review of the pay plans by professional staff to ensure
its proper functioning and adherence to Council policy ;
and
WHEREAS, the School Board is hereby strongly encouraged
to participate in a Joint review of pay plans.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that there be established the
City and School Board Pay Plan Review Task Force, to consist
of two members of Council appointed by the Mayor, two members
of the School Board as appointed by the Chairman of the
School Board, the City Manager, and the Superintendent.
Such task force is to review the pay plans for City and
School Board employees to ensure adherence to Council and
School Board policies, and to provide for reasonable, profes-
sional and adequate compensation for city and school employees,
May 20, 1985
- " 37b-
to include a review of the concept of limiting future across-
the-board increases to a maximum as reflected in the Consumer
Price Index, and ensure the effectiveness of positive incen-
tives to improve performance. The task force is to complete
its report by January 1 , 1986.
ADOPTED: May 20, 1985
May 20, 1985
- .38 -
Item II-M.5
CONSENT AGENDA ITEM # 23664
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to ADD Section 21-374. 1 to the Code of the City
of Virginia Beach, Virginia, pertaining to appointment of persons to enforce
PARKING REGULATIONS.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 38a -
AN
8a -AN ORDINANCE TO ADD SECTION 21-374. 1
TO THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
APPOINTMENT OF PERSONS TO ENFORCE
PARKING REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-374 . 1 is added to the Code of the City
of Virginia Beach , Virginia, pertaining to persons appointed to
enforce parking regulations and reads as follows:
Section 21-374 . 1 Appointees to enforce parking regulations.
The city manager is hereby authorized to appoint persons to
enforce the provisions of sections 21-364 through 21-374 of the
city code in addition to the regular police officers of the city.
Such persons shall wear a uniform as prescribed by the city
manager. Nothing shall preclude the city manager from appointing
persons under this section who may also have been appointed under
section 21-402 of the city code.
Adopted by the Council of the City of Virginia Beach ,
Virginia, on the 20 day of May , 1985.
RMB/da
3/28/85
4/15/85
(B)
May 20, 1985
- 39 -
Item II-M.6
CONSENT AGENDA ITEM II 23665
Chief Charles Wall spoke in response to Council's inquiries. Chief Wall advised
Council this Ordiance would involve only those vehicles licensed as TRUCKS.
The minimum weight requirement for a vehicle to be considered as a "Truck" is
7500 pounds gross and a minimum bumper height of 22 inches. The Police are
particulrly concerned with the cruising of the high rise vehicles which
create a dangerous traffic situation.
City Attorney Randall Blow advised there would not be an enforcement problem as
all vehicles registered as TRUCKS have TK- on their license plates.
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City
Council ADOPTED an Ordinance to ADD Section 21-259 to the Code of the City
of Virginia Beach, pertaining to TRUCKS ON ATLANTIC AVENUE.
Voting: 8-3
Council Members Voting Aye:
John A Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr. , Robert G. Jones, and
J. Henry McCoy, Jr. , D.D.S.
Council Members Voting Nay:
Louis R. Jones, Vice Mayor Reba S. McClanan
and Meyera Oberndorf
Council Members Absent:
None
May 20, 1985
- 39a-
REQUESTED
9a-REQUESTED BY : POLICE DEPARTMENT
AN ORDINANCE TO ADD SECTION 21-259
TO THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
TRUCKS ON ATLANTIC AVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH , VIRGINIA:
That Section 21-259 of the Code of the City of Virginia
Beach, Virginia, pertaining to trucks on Atlantic Avenue, is
hereby added and shall read as follows:
Section 21-259 . Trucks on Atlantic Avenue.
It shall be unlawful for any vehicle registered with the
division of motor vehicles as a truck to travel that portion
of Atlantic Avenue in the city of Virginia Beach from Fortieth
Street to Second Street during the hours of 7:00 p.m. to 3:00
a.m. during the period from May fifteenth to September thirtieth
of each year unless such vehicle is engaged in the normal conduct
of business in the prohibited area or in the delivery or
provision of goods or services to the prohibited area.
Adopted this 20th day of may , , 1985, by the Council of
the City of Virginia Beach, Virginia.
RMB/da This ordinance shall be effective from date of
3/25/85 adoption.
AP'r:Z .;`.FW AS TO CONTENT
5!CNATU2E
D}PARTAAZNI
Akt,g4ED AS T '
17, ikc
CITY A7
May 20, 1985
- 40 -
Item II-M.7
CONSENT AGENDA ITEM # 23666
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate $14,193 from
the General Fund's Unreserved Fund Balance to reimburse VOLUNTEERS OF AMERICA
FOR PROPERTY TAXES (real estate) .
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
- 40a -
AN ORDINANCE TO APPROPRIATE
$14,193 FROM THE GENERAL FUND'S
UNRESERVED FUND BALANCE TO
REIMBURSE VOLUNTEERS OF AMERICA
FOR PROPERTY TAXES
WHEREAS, the Community Services Board has contracted with the Volunteers
of America to provide residential facilities for certain handicapped citizens at
Baker House and Atlantis Manor, and
WHEREAS, the said facilities are not exempt from local property taxes,
and
WHEREAS, City Council believes that this non-profit agency benefits the
citizens and community, and should therefore be reimbursed for its real estate tax
payments on Baker House and Atlantic Manor.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that $14,193 be appropriated from the General Fund's Unreserved
Fund Balance to be used to reimburse VOA for payment of property taxes on Baker
House and Atlantic Manor.
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: May 20, 1985
SECOND READING:
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT
AP ED AS O F RM
i ' * 5 /6
1,^ TI r.E
CITY ATTORNEY
PWC/13 1
- 41 -
Item II-M.8
CONSENT AGENDA ITEM # 23667
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council, pursuant to Section 2-166 of the Code of the City of Virginia Beach,
CONFIRMED the Appointment of CHARLES STRAUSS as Assistant City Attorney as
of June 3, 1985.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 42 -
Item II-M.9.
CONSENT AGENDA ITEM # 23668
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED XEROX CORPORATION'S offer to finance, at an interest rate of
8%, six copiers totalling $152,810 for the PRINT SHOP, SOCIAL SERVICES DEPARTMENT
and MENTAL HEALTH DEPARTMENT; AND, AUTHORIZED the City Manager to enter into the
necessary agreements for the lease/purchase of this equipment.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 43 -
Item II-M. 10.
CONSENT AGENDA ITEM # 23669
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED MOTOROLA COMMUNICATIONS AND ELECTRONICS' offer to finance, at
an 874% 8. 1%* interest rate, the 800 MHz Communications for the FIRE, POLICE,
PUBLIC UTILITIES and PUBLIC WORKS DEPARTMENTS; AND, AUTHORIZED the City Manager
to enter into the necessary agreements for the lease/purchase of this equipment.
*The City Manager noted correction to City Council's Agenda of an 8.1% interest
rate rather than 8.4%.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- '44 -
Item II-M. 11
CONSENT AGENDA ITEM # 23670
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED the LOW BID of UTILITY BUILDERS, INC. , in the amount of
$24, 138 for PEMBROKE BOULEVARD WATERLINE RELOCATION PROJECT; AND, AUTHORIZED
the City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 45 -
Item II-M. 12.
CONSENT AGENDA ITEM # 23671
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED the following RAFFLE PERMIT:
AUXILIARY OF HUMANA HOSPITAL BAYSIDE
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 46 -
Item II-M. 13.
CONSENT AGENDA ITEM # 23672
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED the following CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
ANGELO J. CELESIA, JR. ,
PREMIER ASSOCIATES t/a PREMIER LIMOUSINE SERVICE
TOTAL NUMBER OF VEHICLES AUTHORIZED: 1
HERBERT DISE
t/a DIAMOND CAB COMAPNY.
TOTAL NUMBER OF VEHICLES AUTHORIZED: 10
LITTLETON C. HUDGINS
t/a PACIFIC CORPORATION
TOTAL NUMBER OF VEHICLES AUTHORIZED: 1
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 47 -
Item II-M. 14
CONSENT AGENDA ITEM # 23673
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council AUTHORIZED the City Treasurer of Virginia Beach to CHARGE-OFF
$547.94 in UNCOLLECTABLE CHECKS.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. , Louis R. Jones,
Robert G. Jones, and J. Henry McCoy, Jr. ,D.D.S.
May 20, 1985
- 47a -
01•11103E.61
City of Vir iriia 3€ ich
2a
UUR NAS\ON
JOHN T. ATKINSON MUNICIPAL CENTER
TREASURER VIRGINIA BEACH, VIRGINIA 23456-0157
427-4445
May 3, 1985
I WOULD LIKE PERMISSION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH TO CHARGE FOO
THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS:
babosersobcxNarb;ex PAID MOCK )48.003EtsxMiNaCtx gUaurcxjtx838
35x tar xixixec IN xx x$ - D5xak Rtratvixx2 xxic. at g xxito,
Vac xY2xx2A6 FULL =wax=;oesagncentx
Johnny Bell, Sr 25.00 85 City Decal Check date: 1-28-85
5316 Justin Court #104 Code to: 1-2-05-01 Moved, unable to locate,cer
Va. Beach, Va. 23462 ltr. ,warrant; not found
Jack Boone 25.00 84 City Decal Check date: 5-2-84
421 Ticonderoga Rd. Code to:1-2-05-01 Moved, unable to locate,cer
Va. Beach, Va. 23462 ltr; warrant; not found
Steven Lawrence 20.00 84 City Decal Check date: 5-25-84
3864 Tiffany Lane Code to: 1-2-05-01 Unable to locate,cert.ltr.
Va. Beach, Va. 23456
Regis Michelangelo 20.00 84 City Decal Check date: 7-5-84
214-56th Street Apt.A Code to: 1-2-05-01 Unable to locate,cert.ltr. ,
Va.Beach, Va. 23451 warrant; judgment
Kenneth M. Miller 25.00 84 City Decal Check date: 1-16-84
601 Biltmore Dr. Code to: 1-2-05-01 Unable to locate,cert.ltr;
Va.Beach, Va. 23454 warrant; judgment
Jeffory McCallister 40.00 85 City Decals Check date: 1-28-85
3605 West Neck Rd. Code to: 1-2-05-01 Unable to collect ,cert.ltr.
Va. Beach, Va. 23456 warrant; judgment
Carlton Stewart 25.00 84 City Decal Check date: 11-23-84
5817 Waxham Ct.No.202 Code to: 1-2-05-01 Unable to collecccert.ltr. ,
Va. Beach, Va. 23462 warrant; judgment
Desiree Faucett 6.00 Parking Ticket Check date: 10-7-84
120-22 Aldrich St. Code to:1-4-01-02 Unable to locate, cert.ltr.
Bronx, N.Y. 10475 Out of state
Linda S. Hogge 15.00 Parking Ticket Check date: 7-3-84
5744 Providence Rd. Code to: 1-4-01-02 Unable to locate ,cert.ltr.
Va. Beach, Va. 23464
William Loftus 20.00 Parking Ticket Check date: 1-23-85
1700 Burroughs Rd. Code to: 1-4-01-03 Unable to locate ,cert.ltr.
Va. Beach, Va. 23455
May 20, 1985
- 47b -
Page 2
William Loftus 20.00 Parking Ticket Check date: 1-10-85
1700 Burroughs Rd. Code to: 1-4-01-03 Unable to locate, cert.ltr.
Va. Beach, Va. 23455
Daniel Lassiter 12.00 Parking Ticket Check date: 7-24-84
1408 Commerce St. Code to: 1-4-01-02 Moved, unable to locate,cert
Chesapeake, Va. 23324
Mr. Jean Legros 6.00 Parking Ticket Check date: 7-16-84
Address Unknown Code to: 1-4-01-02 Check from Belguim
Robert J. Morris, Jr. 10.00 Parking Ticket Check date: 8-27-84
809 Stell Lane. Code to: 1-4-01-02 Unable to locate,cert.ltr.
Va. Beach, Va. 23455
Clara Strizic 6.00 Parking Ticket Check date: 8-3-84
12760 Robinwood St. Code to: 1-4-01-02 Unable to locate,cert.ltr;
Brookfield, Wi. 53005 Out of state
Virginia Vinyl Co. Inc. 10.00 Parking Ticket Check date: 9-17-84
Knotts Island Code to: 1-4-01-02 Moved, unable to locate,cert
North Carolina, 27950
Fay Williams 6.00 Parking Ticket Check date: 8-15-84
2255 Castlerock Sq.No. 11C Code to: 1-4-01-02 Moved, unable to locate,cerl
Reston, Va. 22091
Michael E. Henson 11.64 Redwing Golf Course Check date: 6-26-84
4225 Maplehurst Rd. Code to: 1-6-15-08 Unable to locate, could
Va. Beach, Va. 23462 not serve summons
Gordon E. Patton 21.00 Bow Creek Golf Course Check date: 7-15-84
3821 Counselor lane Code to: 1-6-15-06 Moved, unable to locate,cer
Va. Beach, Va. 23452 warrant; moved
Gordon Patton 22.20 Bow Creek Golf Course Check date: 4-24-84
3821 Counselor Lane Code to: 1-6-15-06 Moved, unable to locate,cer
Va. Beach, Va. 23452 warrant; moved
Mark Thompson 15.50 Bow Creek Golf Course Check date: 7-4-84
1006 Barclay Sq. Code to: 1-6-15-06 Unable to collect, cert.ltr
Va. Beach, Va. 23451 warrant; judgment
Mark Thompson 17.00 Bow Creek Golf Course Check date: 8-11-84
1006 Barclay Sq. Code to: 1-6-15-06 Unable to collect, cert.ltr
Va. Beach, Va. 23451 warrant; judgment
M.E. Woodhouse 16.50 Redwing Golf Course Check date: 2-23-85
1316 Garneford Ct. Code to: 1-6-15-08 Moved, unable to locate,cer
Va. Beach, Va. 23464
Ideal Mutual Ins. Co. 5.00 Police Dept. Check date: 12-5-84
260 Madison Ave. Code to: 1-6-04-03 Unable to locate,cert.ltr. ,
New York, N.Y. 10016 Out of state
John Nave 20.00 Police Dept. Check date: 6-4-84
3946 Lantana Pl. Code to: 1-6-04-03 Moved, unable to locate,cer
Va. Beach, Va. 23456
May 20, 1985
- 47c- -
Page 3
John Nave 5.00 Police Dept. Check date: 5-31-84
3946 Lantana P1. Code to: 1-6-04-03 Moved, unable to locate,cert.ltr
Va. Beach, Va. 23456
Richard H. Skaggs 47.00 Pavillion Check date: 9-16-84
142 Conway Street Code to: 1-6-18-03 Moved, Out of state pert.ltr.
Beckley, WV. 25801
Sally L. Ellis 5.00 Parks & Rec. Check date: 9-26-84
4111 California Ct. Code to: 1-6-15-02 Moved, unable to locate,cert.ltr
Va. Beach, Va. 23456 warrant; not found
Mark Russell 25.00 Parks & Rec. Check date: 7-9-84
Rt. 6, Box 99-20 Code to: 1-6-15-02 Moved, unable to locate,cert.ltr
Chatham, Va. 24531 warrant;not found
Bruce Mimran 15.00 Animal Control Check date: 6-7-84
315 Sunflower Ct. Code to: 1-6-08-01 Moved, unable to locatc ,cert.ltr
Va. Beach, Va. 23454 warrant; moved
John W. Bunting, Jr. 10.00 Animal Control Check date: 7-9-84
4804 Lee Ave. Code to: 1-6-08-01 Unable to collect ,cert.ltr.,
Va. Beach, Va. 23455 warrant; judgment
James Comito 8. 10 Refuse Check date: 1-7-85
179 Dillon Dr. ,No.4 Code to: 1-6-10-01 Unable to collect ,cert.ltr. ,
Va. Beach, Va. 23452 warrant; judgment
Kirby Cate 13.00 Gr. Neck Library Check date: 6-7-84
1017 Essex Ct. Code to: 1-6-17-01 Moved, unable to locatq ,cert.ltr
Va. Beach, Va. 23454 warrant; not found
$547. 94
May 20, 1985
_ 48 _
Item II-N. 1
APPOINTMENTS ITEM # 23674
Upon NOMINATION by Vice Mayor McClanan, City Council REAPPOINTED to the
ARTS AND HUMANITIES COMMISSION: Laszlo Aranyi, Kelsey E. Brown, Andrew
S. Fine and James W. Roebuck for a two year term beginning July 1, 1985
and ending June 30, 1967; AND, APPOINTED Betty C. Wells for a two year term
beginning July 1, 1985 and ending June 30, 1987.
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
May 20, 1985
- 49 -
Item II-N.2
APPOINTMENTS ITEM # 23675
Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED William F.
Miller (Ex-Officio) and Robert Henry Smith, Jr. , to the BOARD OF ELECTRICAL
APPEALS for a two year term beginning January 1, 1986 and ending December 31,
1987; AND, REAPPOINTED Archie R. Smith for a two year term beginning June 1,
1985 and ending December 31, 1987.
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
May 20, 1985
- 50 -
Item II-N.3
APPOINTMENTS ITEM # 23676
Upon NOMINATION by Councilman McCoy, City Council APPOINTED Barbara Cromwell
to the TIDEWATER COMMUNITY COLLEGE BOARD for a four year term beginning July 1,
1985 and ending June 30, 1989.
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
May 20, 1985
- 51 -
Item II-P. 1
NEW BUSINESS ITEM # 23677
Judith Gearhart, Broker Associate/Siebert Realty, represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council will CONSIDER the request of VINCENT W. CONDUFF for an AMENDMENT
to a CONDITIONAL USE PERMIT for a gasoline service station (application of
ROSSO AND MASTRACCO, INC. granted by City Council on October 8, 1984) .
City Council will consider REMOVING this Conditional Use Permit at the Meeting
of June 24, 1985, in conjunction with the request of VINCENT W. CONDUFF
for a Change of Zoning from B-2 to A-2.
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
May 20, 1985
- 52 -
Item II-P.2
NEW BUSINESS ITEM # 23678
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council AUTHORIZED EXPEDITING AND RATIFYING concurrent ADVERTISING for
PUBLIC HEARINGS at the Planning Commission June 11, 1985 and City Council
June 17, 1985. the application of JOHN RAY POTTER, DEAN S. POTTER, BETSY
W. POTTER, GORDON B. POTTER, LUCILLE B. POTTER, HELEN S. POTTER for Changes
of Zoning from B-1 to B-2 and 0-1 to B-2 on the north side of Laskin Road
west of Winwood Drive (Lynnhaven Borough) .
The Civic Leagues will be NOTIFIED in writing by the Planning Department
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
May 20, 1985
- 53 -
Item II-P.3
NEW BUSINESS ITEM # 23679
ADD-ON
Councilwoman Henley requested a RESOLUTION of APPRECIATION be prepared for
Mrs. Graham in recognition of the dedication of Planning Commissioner
Harold D. Graham (deceased) .
Said RESOLUTION will be presented at the City Council Meeting of June 24, 1985.
May 20, 1985
- 4 -
Item II-Q.
ADJOURNMENT ITEM II 23680
Upon motion by Councilman Baum, BY ACCLAMATION, City Council ADJOURNED the
meeting at 8:35 p.m.
/7cOL(17.1)
Beverly . Hooks
Chief Deputy City Clerk
�../ /
R h Hodges ith, CMC a or Harold Hei-c over
City Clerk
City of Virginia Beach
Virginia
/bh
May 20, 1985
77",r9'i!.. "Yerr`"-T-77."r**-Trrlf°1"11,1!"!"7,7-r----.1 . -77tr-vr-rn.,