SEPTEMBER 14, 1987 MINUTESCity of Virginia Be_ach
CITY COUNCIL
MAYOR ROBERT G. JONES, At Large
VICE MAYOR MEYERA E. OBERNDORF, At Large
ALBERT W. BALKO, Lynnhaven Borough
JOHN A. BAUM, Blackwater Borough
ROBERT E. FENTREg$, Virginia Beach Bo~ugh
HAROLD HEISCHOBER, At Large
BARBARA M. HENLEY, Pungo Borough
REBA S. McCLANAN, Pnncess Anne Borough
JOHN D. MOSS, Kempsville Borough
NANCY K. PARKER, At Large
JOHN L. PERRY, Bayside Borough
THOMAS H. MUEHIENBECK, City Manager
J. DALE BIMSON, City Attorney
RUTH HODGES SMITH. CMC, City Clerk
"WORLD'S LARGEST RESORT CITY"
VIRGINIA BEACH CITY COUNCIL
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 25,~56- 900~
{80/,]
AGENDA
1987
CZ'I~ l~i~i~3~" S
B.
Mr. Hector Rivera, Assistant City M~nager for H~uan Services
I TIS~I II.
~ ~ SESSION
A. CITY ~ ~
-Om'ff~e ~- 12:00 PM
ITI~M III.
I5~O~ SESSION - (k)nference Boc~ - 12:30 PM
A. (~_T,T, ~ CEK)~R - M~yor Robert G. Jones
1. OJ~T~T C~ INTEREST ~~
Mr. Paul Sciortino, Cotu-on~alth's Attorney
B. BDLL C~T.I'. C~ OOUBI2IL
C. R~2ESS TO EX~N3TIVE ~ES~ION
Reverend Harold Kit~uann
Prince of Peace Lutheran Church
B. PI.~GE OF ~LT~GIAbl2E TO THE FLAG CF THE UNITED STATES OF AMERICA
C. FI.~CTRONIC RDLL C~TX. CF CITY CCUNCIL
De
AO~%NCE OF BIDS:
Lessee to effect the financing fDr acquisition of land surromding the
Municipal Center, City of Virginia Beach.
E. ADOPTION OF IT~I~S FOR THE FONMAL AOENDA
1. INFORMAL & FONTAL SESSIONS -August 24, 1987
Ge
:[~T ]I~T .TC ~
1. Issuance of Wate~ at~c1 ~ ~ ~en~e Bo~xLs o~ ~e (:::Lty o~
Virginia Beach, V±~gin~a, in 'd~e max~m~T~ a~ount of $5~500~0(0).
e
Issuance of Ge_n~_ral (~ligation Bo~ of the City of Virginia Beach,
Virginia, in the maximuu avomt of $24~ 800, 000 for various Public
Facilities and General Improvements.
Application of Princess Anne ~ I, a Virginia Limited
Partnership for a Chan~e of Zonir~ District Classification
(Princess Anne Borough):
Fr~u AG-1 A~ricultural District to R-5 Residential District c~
certain property located 600 feet more or less rorth~st of
Glabe Road, ~ontaining 22 acres.
Frem ~-2 Agricultural District to R-5 Residential District cn
certain property located on the rortheast aide of Princess Anne
Road beginning at a point 1600 feet more or less north~st of
Glebe NDad, containing 7.266 acres;
RecumLendation: APPBOUAL FOR BOTH ITemS
Application of Jolmm $. a~d Nonie W. Waller for a (hange of
Zonir~ District Classification fr~u R-6 Residential District to
B-2 Cu~munity-Business District on the w~st side of Euclid
Road, southwest of the intersection with Kell~n Road on a
portion of Parcel A, Block 14, POcohontas Village, containing
6440 square feet more or less (Kempsville Borough).
Reccnm~ndation: APPROVAL
Application of First (~urch of (]%ristl Scientist, for a
(bnditional Use Permit for a church addition at the south~st
comer of Laskin Road and Gay Drive (1341 Laskin Road),
containing 39, 152 square feet (Lynnhaven Borough).
Recc~mendation: APPROVAL
de
Application of Virginia B~ach ~urch of God for a ~nditional
Use Pemit for a church addition at the southeast corner of
Wol fsnare Road and Regency Drive (836 Regency Drive) ,
containing 2 acres (Lynnhaven Borough).
Recommendation: APPROVAL
ee
Application of C~therine M. Eehrig for a Cbr~itional Use Permit
for a h~ne o~cupation (da~ care center) on Lot 7, Block K,
Carolanne Farms (5524 Hill Gail Road), ~ontaining 10, 803 square
feet (Kempsville Borough).
Rec~L,qendation: APPROVAL
f. Application of (~%evr~l, U.S.A., Inc. for a Oonditional Use
Pemit for gas pun~s and car wash on certain property located
at the northeast corner of Dianond Sprites Road and Proposed
~t%]xNood Road containing 43, 124.40 square feet (Bayside
Borough).
P~conmendation: APP~DVAL
g. Application of ~oco Oil O~0a~y for a O0nditional Use Permit
for a 9asoline service station wit]~ car wash on certain
property located on the south~st corner of Virginia Beach
Boulevard and North Birdneck Road, containing 28, 165.90 square
feet (Lynnhaven Borough).
Pecc~nendation: APPI~DVAL
h. Application of Nor~, E. and Barbara F. ~s for a
(bnditional Use Pemit for an autcmcbile service station and
car wash on certain property located on the ~st side of
Centerville Thrnpike, 40 feet more or less south on the
intersection with Kempsville Noad, containing 25,000 square
feet (Kempsville Borough).
R~oc~maendation: APPBDVAL
i. Application of Prinoess A~ne T~rf & Tractor, Iamc., a Virginia
Ccrporation, for a Oonditional Use Permit for shall ermine
re~air (re~air of lawnmowers & lawn tractors) on the southside
of Virginia Beach Boulevard, 1070 feet ~st of Lynnhaven Road
(2973 Virginia Beach Boulevard), containing 40, 946 square feet
(Lynnhaven Borough).
Peccmmendation: APPI~DVAL
j. Application of William D. Bobinson for a Oonditional Use Permit
for auto sales and service on certain property located at the
northeast corner of Virginia Beach Boulevard and Village D~ive
(1852 Virginia Beach Boulevard), containing 21, 126 square feet
(Lynnhav en Borough).
Recommendation: APPBDVAL
k. Application of Virginia Electric ar~ Power ~ for a
(bnditional Use Permit for a Substation (Public Utility
Transfozmer Station) on certain property located on the east
side of Iandstown NDad, 1890 feet more or less south of
Princess Anr~ Road containing 17.36 acre s (Princess Anne
Borough) .
Reccntmendation: APPROVAL
a. Application of N~-~o U~ited Methodist (~urch for the
discontinuance, closure and abandorment of certain roads,
(Princess Anne Borough):
An u~naned road beginning at the intersection with Nimmo (hurch
Lane and running a south~sterly direction to the intersection
with Ymthews ~reen, containing 12,959 square feet;
A pc~tion of Princess Anne Road beginnir~ at a point 150 feet
more or less east of the intersection of Princess Anne Road and
M~thews ~reen and running in an easterly direction to the
intersection of Princess Anne Road and Nimmo Church lane,
containing 12,456 square feet;
Nimn~ Church Lane beginning at the southern boundary of General
Booth Boulevard and running in a southerly direction to the
northern boundary of Princess Anne NDad, containing 29,568
square feet.
Neccnuner~ ation: APPROVAL
~ppl ication of Pace ~0~stru~tio~ Oarpora~ for the
discontinuance, closure and abar~orinent of a portion of Back
Aures RDad, beginning at the intersection of Back Acres RDad
ar~ Wa~man Lane and running in a southerly direction a distance
of 523 feet more or less variating in width for 30 feet to
47.4 feet, cDntaining 15,147.502 square feet (Lyrnhaven
Borough).
Reccn~nendation: APPROVAL
Crdinance for tile discontinL~n/lce, closure and abandorment of a
pc~tion of Dwyer RDad, beginning at a point 455.5 feet
~uthw~st of the intersection with Dam Neck N~ad and running in
a westerly direction a distance of 2782.7 feet, cDntainin9
2.553 acres and 40 feet in width in the petition of Ik~uinion
Deferred for ~pliance by City Cbuncil March 9, 1987.
Rec~-~mer~iation: lS0-IP2f DEFERRAL
Application of Ursula Jones for a Cbr~itional Use Pemit for aq
animal hospital on certain property located on the east side of
Diamonfl Springs RDad, 1982 feet south of Saell NDad, containing
1.346 acres (Bayside Borough).
Reccnunenflation: APPROVAL
~ of a (bnditional Use Permit APPROVED by City Cbuncil
Septe~aber 15, 1986, in the application of (IAUDINE So CAMPER
for an autcmdDile repair center of the north side of Laskin
NDad, 152.45 feet west of First Colonial NDad (1724 Laskin
Noad) , containing 19. 115 square feet (Lynnhaven BDrough).
Reoa-~t~n~ation: APPROVAL OF ~ EXTE~IC~
Crdinance to AM~qD and R~O~ of the Oumprehensive
Ordinance of the City of Virginia Beach, Virginia:
(1) Article 1, Section III - Definition of C~apg~
(2) Section 2, Section 233(c) - Recrea~ C ~J~unds
a. Besolution approving the issuance of Industrial Development
~venue B~nd:
(1) Beth .qaal~n Ff~ne of Virginia
$137, 600*
*This is in ccmpliance with $45,000,000 issuance to P~rico
Industrial Developnent Anthority.
ordinance authorizing the issuance of Water ~ Sewer
Revenue Bor~ls of the City of Virginia Beach, Virginia,
maximum anou~t of $5,500,000;
~rdinance authorizing the issuance of General C~ligation ~ of
the City of Virginia Beach, Virginia, in the maximum arount of
$24,800,000 for various public facilities and general improvements.
Awarding of bid by Ordinance authorizing a lease to --(BIDS to be
opened at 2:00 PM), its successors or assigns, to serve as a lessee
to effect the financing for a project involvir~ the a~quisitio~ of
lamd surrouading t21e City of Virginia Beach, Virginia, F~icipal
Crdinance to ~ funds in the emount of $220,000 to Project
#2-007 Oc~stit~ D~ive for acquisition of property and to
authorize the City Manager to purchase said property.
a. Section 4.4 of the S~bdivision Ordinamce pertaining to lots and
lot liras;
b. Article 5, ~ 573(d) of the Oc~pr~ve
pertaining to side and rear yards;
AND,
c. Article 6, Section 602(c) of the O~prehensive ~ Ordinamce
pertaining to s~e a~d rear yards.
C~dinance upon FIRST READI/q~ to adopt the t~f 1987-88/FY 1991-92
Capital Imprc~ t~am and to accept and appropriate
$107,077,790 for the FY 1987-88 Capital Badget subject to funds
beir~ prcuided frcm various sources set forth herein.
e
Ordinance to AMEND and R~ORE~IN of the (kxle of the City of Virginia
Be~h:
a. Section 18-55.1 pertaining to Instance Prerequisite f~r T~w
b. Sections 21-378, 2/-422, 21-423, 21-424, 21-426, 21-427 and
21-429 pertaining to Tc~ Tru~ks.
All matters listed under the Oonsent ~3enda are considered in the
ordinary course of business by City Oouncil and will be enacted by one
~otion in the fDrm listed. If an item is r~noved frcm the Oonsent
P~encla, it will be discussed and voted upon separately.
e
Bmsolution request~lg the General Ass~-hly to designate certain
pcrtions of ~ter%~ys within Virginia Beach as s~enic rivers.
N~solution to provide Health ~re (k~er~e to Virginia Be~_~h City
~loyees who retire prior to age 65 with at least 25 years of
service credit.
3o
C~dinance to ~ and REDP4~%IN Section 5-31 of the Gode of the
City ~f Virginia Beach, Virginia, pertainirg to bird sanctuaries
(Timberl ake ).
o
O~dinance upon FIRST READING to accept and appropriate $20,694 in
State Grants into the l~f 87-88 Operatir~ Budget of the T.~hrary
pa m t.
So
Crdinance to authorize a t~uporary encroachuent into a portion of
the right-of-%ay of D~m Neck Statism BDad to Bel-Aire, Inc~l~-ated
a~d Ki~s's Way (k)rporation, their assigns and successors in title
(Pr ince ss Anne Borough).
6. Baffle Pexmits:
Straight, Ir~.
Catholic Family & Children's Service
St. Nicholas Greek OrthodGK Church
Green Nan High School Athletic Booster Club
fhcore Limousines, Inc.
8. ~din~ce authorizing license refunds in the amo~t of $11,445.52.
R~Q~EST FOR R~S~SID~TIC~ of conditions in the application of
Virginia Beach Marlin Club, Inc. (Charles O. Peel) for a
Conditional Use Permit fDr a ~ublic marina with related facilities,
located on the southwest corner of Winston Salon Avenue and
Mediterranea~ Avenue, running a distance of 135 feet along the
south side of Winston S~lem Avenue, r~ning a distance of 100 feet
along the west side of Mediterrane~ Avenue, ~adowlawn Heights
Area (Virginia Beach Borough).
APPBOVED by City (buncil on August 10, 1970.
* .~T~ER~ *
* "~TUTI~E~f" *
* cc~l~l~orat~ *
* BIC~~=%L~IT[~I~ ~~ *
* L~IT~D~~AMERI~ *
**********************
-12-
Item IV-E.1
MINUTES ITEM # 28041
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
AMENDED the MINUTES of the INFORMAL & FO~AL SESSIONS of September 14, 1987.
Page 38, ITEM # 27990
ORDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY FOR A CONDITIONAL USE PERMIT FOR A
SUBSTATION (PUBLIC UTILITY TRANSFORMER STATION)
R09871080
The following verbiage shall be added to the Second
Condition
2. The transformer station shall be surrounded by a
wall, except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet in
height. Landscaping outside the fence and also
along Landstown Road shall be in accordance with
the best professional landscaping practices. The
Landscaping shall be maintained in the best
possible condition.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Mayor Robert G. Jones, John D. Moss, Vice
Mayor Meyera E. 0berndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 21, 1987
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 14, 1987
The CITX MANAGER'S BRIEFINGS, relative INDIAN RIVER ROAD ALIGNMENT and the
CITY'S HUMAN SERVICES PLAN, of the VIRGINIA BEACH CIT~ COUNCIL were called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, September 14, 1987, at 11:00 A.M.
Council Members Present:
Albert W. Balko,-Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
Councilman John A. Baum
Councilman Harold Heischober
(ENTERED:
ENTERED:
11:22 A.M.)
12:05 P.M.)
-2-
CITY
MANAGER'S BRIEFING
INDIANRI~RROADALIGNMENT
Item # 27956
The City Manager introduced Donald Trueblood, City Engineer, who referenced the
ALTERNATIVES for INDIAN RIVER ROAD PHASE IV, which had been introduced at the
City Council Meeting of August 17, 1987:
Alternate I - Four Lanes undivided from Ferrell
Parkway to Indian Lakes Boulevard and Four Lanes
divided from Indian Lakes Bouelvard to Lynnhaven
Parkway. (REFERENDUM PROJECT)
Alternate 2 - Six Lanes along the present Indian
River Road alignment. This has a major impact on
right-of-way in the area.
Alternate 3 - Provides six lanes on Indian Lakes
Boulevard up toward Ferrell Parkway with a grade-
separated intersection at Ferrell Parkway and
provides for a cul-de-sac on Indian River Road.
Alternate 4 - (Although a graphic was not
available), this was discussed relative three-
laning Indian River and major improvments in Indian
Lakes Boulevard and the intersection to Ferrell.
After discussion at this meeting (August 17, 1987) , the City Council directed
ALTERNATE 2 be eliminated.
Donald Trueblood introduced Doug Butler, Senior Transportation Engineer, who
reviewed the three (3) Alternatives. A combination of five intersections was
examined: Indian River Road and Kempsville Road, Indian River Road and Ferrell
Parkway, Ferrell Parkway and Indian Lakes Bouelvard, Indian River Road and
Indian Lakes Boulevard and Indian River Road and Lynnhaven Parkway. These
ALTERNATES reflect the ultimate design required to accommodate the year 2010
traffic. Most of these can be staged in construction. These designs would
maintain the Level of Service C in the year 2010.
Alternate 1 - Proposal to make Indian River Road
four lanes, undivided. Indian Lakes would be four-
lane divided. Ferrell Parkway would be six-lane,
divided and then Indian River and Kempsville would
become an 8-lane divided, 6-lane divided towards
Lynnhaven Parkway. Major Advantage: Least impact
on right-of-way acquisition on Indian Lakes. Major
Disadvantages: (1) Four-lane Indian River does not
operate well due to high turn volumes into adjacent
areas. (2) More neighborhood intrusion. (3) Long,
double left turn bays on Indian Lakes northbound.
(4) Most impact on Lake Christopher access.
September 14, 1987
-3-
CITY MANAGER'S BRIEFING
INDIAN RIVER ROAD ALIGNMENT
ITEM # 27956 (Continued)
Alternate 3 - Provides a two-lane roadway with a
cul-de-sac at the east end on Indian River making
6-lane divided along Indian Lakes, six-lane divided
on Indian River towards Lynnhaven, providing 8-lane
divided along Ferrell Parkway on up into
Kempsville. Major Advantage: Maintains Indian
River as a residentrial neigborhood road. Major
Disadvantages: (1) Three northbound left turn lanes
on Indian Lakes - unusual difficult maneuver. (2)
More right-of-way impacts on Indian Lakes. (3)
Least desirable level of service. (4) Redirects
access on Indian River due to cul-de-sac.
Alternate 4 - Provides for a three-lane roadway,
two-lanes southbound and one lane northbound on
Indian River or two-lanes east bound and one lane
westbound. Six-lane divided on Indian Lakes
Boulevard, a seven-lane divided roadway on Ferrell
Parkway being four-lanes going to the west, three
lanes to the east, and eight-lanes divided to
Kempsville and six-lane divided down to Lynnhaven.
Major Advantages: (1) Least capital cost, (2)
Miantains residential access and preserves
neighborhood integrity. Major Disadvantages: (1)
Three northbound left turn lanes on Indian Lakes,
(2) More right-of-way impacts on Indian Lakes.
Alternate 4 w/Flyover - As the major drawback to
Alternate 4 is the triple left turn, the solution
to solving same would be to provide a grade
separated left turn movement (Flyover). Major
Advantages: (1) Negates three northbound left turn
lanes on Indian Lakes, (2) Provides best overall
level of service of all alternates, (3) Least
operational costs to motorist, (4) Most cost
effective. Major Disadvantages: (1) Same right-
of-way impacts on Indian Lakes, (2) Slightly less
directional access for Indian River than Alternate
1, (3) Highest capital cost. This Flyover would not
need to be built until the year 2000 or 2005.
A computer simulation model was utilized to simulate the movement of traffic
through this network of roads in Intersections. An average delay per vehicle
in seconds can be derived from this procedure. This average delay is translated
into a LOS (Level of Service). The charge of the consultants was to devise
designs which would maintain a Level of Service C by the year 2010. Alternate 1
and 4 and both a LOS C in the AM and PM Peak hours, the difference is where
they fall within that range of the C value. The value of C can range between 15
and 25 seconds of delay per vehicle. Under Alternate 1, even though it is C in
both hours, the PM Peak is very close to being a D level. It does not take much
more volume then that projected to move Alternate 1 into the D range. In
Alternate 4, there exists enough cushion if the year 2010 numbers are low
compared to what they were, Alternate 4 will still maintain a LOS C with an
increased amount of traffic. Alternate 4 in the AM would be an LOS C+ and in
the PM would be an LOS C. Alternate 1 in the AM and PM would be an LOS C-.
September 14, 1987
-4-
CITY
MANAGER'S BRIEFING
INDIAN RIVER ROAD ALIGNMENT
ITEM # 27956 (Continued)
The Consultants distributed a brochure entitled INDIAN RIVER ROAD PHASE IV
FERRELL PARKWAY PHASE I-C TRAFFIC STUDY. (Said brochure is hereby made a part
of the record.)
Basically on Alternate 4 w/Flyover, the First Phase of Construction recommended
was to provide 6-lanes on Indian Lakes Bouelevard with a double left turn at
Ferrell, making Ferrell 6-lane divided and making Indian River 3-lanes. This
should be sufficient until the year 2000/2005, at which time another lane
should be added to Ferrell Parkway, being the addition of this ramp, making
Ferrell Parkway 7-lanes, and also to build the grade separated left turn and
taking out the two left turn lanes previously constructed.
Doug Butler referenced Annual Users Costs reflected in the booklet and advised
under Alternate 4, it will cost the user almost $4.1 MILLION a year. $200,000 a
year would thus be saved over Alternate 4 by installing a ramp.
City Engineer Donald Trueblood reflected the recommendation of the Staff was
Alternate 4 with double left turn lanes and grade separation (flyover).
The City Manager advised this will be SCHEDULED for the City Council Agenda of
September 21, 1987, for direction.
September 14, 1987
-5-
CITY
MANAGER'S BRIEFING
CITY'S HUMAN SERVICES PLAN
11:45 P.M.
ITEM # 27957
Hector Rivera, Assistant City Manager for Human Services, reiterated the HUMAN
SERVICES STRATEGIC PLAN and distributed three booklets related to same. (Said
booklets are hereby made a part of the record.)
This PLAN represents the collective efforts of human service administators to
identify the key human service issues facing local government and to recommend
strategies to address those issues. The Human Services Strategic Plan
represents the first time the City of Virignia Beach has addressed human
service issues in a strategic way.
The FACILITIES STUDY OF PARKS AND RECREATION and the LIBRARY, as well as the
AGRICULTURAL PLAN are not yet complete.
The PLAN itself has a self-evaluating mechanism. The PLAN provides service
definitions. The PLAN calls for co-ordination and collaboration in the
government and outside the government. Hector Rivera advised the PLAN lists
the Board of Education as a Human Service, although not usually identified as
same. Education has a large share of the City's Budget, a maximum potential
for positive Human Resource Development and is probably the most important
Human Service.
The GOALS are those of preserving and strengthening the family and promoting
self-sufficiency. The issues as addressed in the PLAN are:
INVESTING IN CHILDREN
PREVE~TION OF FAMILY VIOLk~ICE
MEDICAL INDIGENCY
PROVERTY
HOUSING
PUBLIC INFORMATION
The Staff hopes to receive vital critiques from the community, local and
regional institutions as well as state and federal government that can enhance
our body of knowledge and reinforce the initiatives and strategies whenever
possible in this Human Services Stategic Plan of the City of Virginia Beach.
The City Manager's Office will analyze the input and offer the MINUTES for City
Council's review and hope for formal adoption of the HUMAN SERVICES STRATEGIC
PLAN.
Hector Rivera extended apprecation to the Middle Mangers of the City with
special thanks to Thomas Muehlenbeck - City Manager, United Way, Patti
Phillips - Director of Research and Evaluation and Dean Block - Assistant City
Manager for Analysis and Evaluation.
September 14, 1987
-6-
ITEM # 27958
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, September 14, 1987, at 12:15 P.M..
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
September 14, 1987
-7-
CONCERNS OF THE MAYOR
ITEM # 27959
The Mayor referenced the newspaper article highlighting the traffic fatalities
in Virginia Beach. The list indicated the vast majority of the victims were
under thirty-years of age. It also appeared the accidents occurred in the rural
part of the City.
The City Manager advised he had filed a report with the City Council from the
SELECTIVE ENFORCEMENT GROUP formed from the Police Department.
ITEM # 27960
The Mayor referenced his report to the PIEDMONT ENVIRONMENTAL CONFERENCE in
Ashburn, Virginia, on September 12, 1987. Copies of said report will be
provided to Members of City Council.
September 14, 1987
- 8-
CITY COUNCIL CONCERNS
ITEM # 27961
Councilwoman Parker referenced the application of FRANK WILLIAMS for a
Subdivision Variance DEFERRED to October 19, 1987, and requested a discussion
be scheduled prior to the day of the vote.
ITEM # 27962
Councilwoman Parker referenced the AICUZ Disclosure relative sales. The Mayor
advised same was a voluntary agreement by the Tidewater Board of Realtors that
an announcement will be on the Contract of Purchase stating the residence in
within the Navy's AICUZ Zone.
Vice Mayor Oberndorf advised the City Council has tried to be receptive to the
0ceana Jet Base as well as to the new people moving into the region. As
reiterated by Councilwoman McClanan, there was an effort made by City Council
several years ago to include in the Legislative Package, AICUZ Disclosures. The
Tidewater Board of Realtors lobbied the Legislators and voluntarily agreed to
do same. Therefore, legislation was not adopted.
ITEM # 27963
Councilman Balko referenced a letter
Virginia Department of Transportation,
Beach had been installed. The Mayor
appreciation.
from Ray D. Pethtel, Commissioner,
advising more signs citing Virginia
will be forwarding a letter of
ITEM # 27964
Councilman Baum referenced the report on AGRICULTURE in SOUTHEAST VIRGINIA by
the SOUTNMASTERN VIRGINIA PLANNING DISTRICT COMMISSION and requested all
Members of City Council receive a copy.
September 14, 1987
-9-
ITEM # 27965
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
September 14, 1987 at 12:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
September 14, 1987
- 10-
CONFLICT OF INTEREST STATUTES
City Council Chambers
12:35 P.M.
ITEM # 26966
Mayor Robert Jones advised the State had ADOPTED a Comprehensive CONFLICT OF
INTEREST Ordinance which applied to all locally elected officials supplanting
the City's CONFLICT OF INTEREST ORDINANCE.
Mr. Paul Sciortino, Commonwealth's Attorney, presented information relative the
CONFLICT OF INTEREST Ordinance.
DISCLOSURE STATEMENTS must be forwarded to the City Clerk no later than
November Thirtieth. The City Clerk is to distribute same no later than December
Tenth. These DISCLOSURE STATEMENTS must be filed by the individual with the
Office of the City Clerk annually, on or before January Fifteenth.
These DISCLOSURE STATEMENTS are filed and maintained as part of the public
records for five (5) years in the City Clerk's Office.
Individuals upon appointment are required to file said DISCLOSURE STATEMENTS.
September li. 1987
-11 -
ITEM # 27967
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. ?ERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
e
PUBLICLY ~.D 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 MA?TERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council voted
to proceed into ~YE. CUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
September 1~, 1987
-12-
Item IV-D.
ACCEPTANCE OF BIDS
ITEM # 27968
Mayor Robert G. Jones CALTgD FOR THE BIDS in the Council Chambers, City Hall
Building, on Monday, September 14, 1987, at 2:00 P.M. to AUTHORIZE a Lease to
effect the financing for a project involving the Acquisition of Land
surrounding the City of Virginia Beach, Virginia, Municipal Center. Only one
(1) Bid was received.
The BIDS WERE CLOSED and the City Manager was directed to OPEN THE BID and
prepare the Ordinance.
The only BID received was from FIRST UNION COMMERCIAL CORPORATION.
September 14, 1987
-13-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 14, 1987
2:25 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, September
14, 1987, at 2:25 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Ruth Hodges Smith, CMC
City Clerk
(Gave the Invocation
in absence of Reverend
Harold Kitzmann)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 14, 1987
-14-
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item IV.E.1.
ITEM # 27969
Councilwoman McClanan inquired as to whether the Conditions applied to
previous rezonings still apply on applications for Use Permits in Council's
Agenda, without reiterating same. The City Attorney advised said Conditions
would still apply.
Councilwoman McClanan referenced applications of Princess Anne Commons I, a
Virginia Limited Partnership, for Changes of Zoning District Classification
(Princess Anne Borough): From AG-1 Agricultural District to R-5 Residential
District on certain property located 600 feet more or less northwest of Glebe
Road, containing 22 acres AND, from AG-2 Agricultural District to R-5
Residential District on certain property located on the northeast side of
Princess Anne Road beginning at a point 1600 feet more or less northwest of
Glebe Road, containing 7.266 acres. (See Item IV-H.I.a. of the PLANNING BY
CONSENT AGENDA.)
Councilwoman McClanan also referenced the application of Virginia Electric and
Power Company for a Conditional Use Permit for a Substation (Public Utility
Transformer Station) on certain property located on the east side of Landstown
Road, 1890 feet more or less south of Princess Anne Road, containing 17.36
acres (Princess Anne Borough). (See Item IV-H.I.k of the PLANNING BY CONSENT
AGENDA. )
These items will be pulled for a separate vote.)
Item IV.E.2.
ITEM # 27970
Councilman Fentress referenced the Ordinance upon of Chevron, U.S.A., Inc. for
a Conditional Use Permit for gas pumps and car wash on certain property located
at the northeast corner of Diamond Springs Road and Proposed Haygood Road
containing 43,124.40 square feet (Bayside Borough). (See Item IV-H.I.f. of the
PLANNING BY CONSENT AGENDA).
This item will be pulled for a separate vote.
Item IV.E.3.
ITEM # 27971
Councilman Moss referenced applications of John S. and Nonie W. Waller for a
Change of Zoning District Classification from R-6 Residential District to B-2
Community-Business District on the west side of Euclid Road, southwest of the
intersection with Kellam Road on a portion of Parcel A, Block 14, Pocohontas
Village, containing 6440 square feet more or less (Kempsville Borough) AND,
Catherine M. Kehrig for a Conditional Use Permit for a home occupation (day
care center) on Lot 7, Block K, Carolanne Farms (5524 Hill Gall Road),
containing 10,803 square feet (Kempsville Borough). (See Item IV-H.I.b and IV-
H.l.e. of the PLANNING BY CONSENT AGENDA.)
These items will be pulled for a separate vote.
Councilman Moss also referenced an application of Norman E. and Barbara F.
Scruggs for a Conditional Use Permit for an automobile service station and car
wash on certain property located on the west side of Centerville Turnpike, 40
feet more or less south on the intersection with Kempsville Road, containing
25,000 square feet (Kempsville Borough). (See Item IV-H.I.h of the PLANNING BY
CONSENT AGENDA.)
Councilman Moss had an inquiry relative this item.
September 14, 1987
-15-
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
(Continued)
Item IV-E.4
ITEM # 27972
Councilman Balko referenced an application of Amoco Oil Company for a
Conditional Use Permit for a gasoline service station with car wash on certain
property located on the southwest corner of Virginia Beach Boulevard and North
Birdneck Road, containing 28,165.90 square feet (Lynnhaven Borough). (See Item
IV-H.I.g of the PLANNING BY CONSENT AGENDA).
Item IV-E.5
ITEM # 27973
The City Manager advised of a third PUBLIC HEARING omitted from the AGENDA:
FY 1987-88/FY 1991-92 CAPITAL IMPROVEMENT PROGRAM.
This item was ADVERTISED and will be added to the AGENDA.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
September 14, 1987
-16-
Item IV-F.1
MINUTES
ITEM # 27974
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
City Council APPROVED the MINUTES, AS AMENDED of INFORMAL & FORMAL SESSIONS of
August 24, 1987.
Page 28, ITEM # 27923, ORDINANCE UPON APPLICATION
OF T & J PARTNERSHIP FOR A CONDITIONAL USE PERMIT
FOR A NURSING HOME R08571071
The following condition should correctly state:
a. Limited to a one-hundred twenty ~4~
~,~j (120) bed
facility.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
-17-
Item IV-G.1.
PUBLIC HEARING
ITEM # 27975
Mayor Jones DECLARED a PUBLIC HEARING on:
Issuance of Water and Sewer System Revenue Bonds of
the City of Virginia Beach, Virginia, in the
maximum amount of $5,500,000.
There being no Speakers, the MAYOR CLOSED the PUBLIC HEARING.
September 14, 1987
-18-
Item IV-G.2.
PUBLIC HEARING
ITEM # 27976
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
Issuance of General Obligation Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of
$24,$00,000 for various Public Facilities and
General Improvements.
There being no Speakers, the MAYOR CLOSED the PUBLIC HEARING.
September 14, 1987
-19-
Item IV-G.3.
PUBLIC HEARING
ITEM # 27977
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
FY 1987-88/FY 1991-92 CAPITAL IMPROVEMENT PROGRAM
Roger Newill, Phone: 627-5775, represented the RESORT AREA ADVISORY
COMMISSION and requested a Meeting with City Council and Staff. The Capital
Improvement Program proposes approximately a $1.5-MILLION allocation for the
coming year and the year after that, compared with a $7-MILLION Target this is
a decrease and a lack of momentum and will not let the RAAC complete the stub
street parks and the boardwalk improvements.
The Mayor suggested the RAAC attend and voice their opinions at the PUBLIC
HEARING SCHEDULED for September 16, 1987.
September 14, 1987
- 20 -
Item IV-H.1/2.
PUBLIC HEARING
PLANNING
ITEM # 27978
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
a. PRINCESS ANNE COMMONS I,
A Virginia Limited Partnership
b. JOHN S. AND NONIE W. WALLER
c. FIRST CHURCH OF CHRIST, SCIENTIST
d. VIRGINIA BEACH CHURCH OF GOD
e. CATHERINE M. KEHRIG
f. CHEVRON, U.S.A., Inc.
g. AMOCO OIL COMPANY
h. NORMAN E. AND BARBARA F. SCRUGGS
i. PRINCESS ANNE TURF & TRACTOR, INC.,
a Virginia Corporation
j. WILLIAM D. ROBINSON
k. VIRGINIA ELECTRIC AND POWER COMPANY
CHANGES OF ZONING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
PLANNING ITEMS
a. NIMMO UNITED METHODIST CHURCH
b. PACE CONSTRUCTION COPRORATION
c. DOMINION BUILDING CORPORATION
d. URSULA JONES
e. CLAUDINE S. CAMPER
f. COMPRENE. NSIVE ZONING ORDINANCE
STREET CLOSURE
STREET CLOSURE
STREET CLOSURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMENDMENT/Campgrounds/
Recreational Campgrounds
September 14, 1987
- 21 -
Item IV-H.1
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27979
Upon motion by Councliman Fentress, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items IV-H.I.c, IV-H.I.d, IV-H.I.h, IV-H.I.i,
and IV-H.I.j of the PLANNING BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Baum ADVISED, prior to the vote, in compliance with the new CONFLICT
OF INTEREST regulations, he did not intend to do $10,000 worth of business
with Princess A--e Turf & Tractor, Inc. during the next year and therefore was
not ABSTAINING.
Septembe~
- 22 -
I%em IV-H.I.a
PUBLIC HEARING
PLANNING
ITEM # 27980
Attorney Robert Cromwell, Pembroke One, Phone: 463-6424, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED an Ordinance upon application of PRINCESS ANNE COMMONS I, a
Virginia Limited Partnership for Changes of Zoning:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
I, A VIRGINIA LIMITED PARTNERSHIP FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5
Z09871178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
I, a Virginia Limited Partnership for a Change of
Zoning District Classification from AG-2
Agricultural District to R-5 Residential District
on certain property located on the northeast side
of Princess Anne Road beginning at a point 1600
feet more or less northwest of Glebe Road. Said
parcel contains 7.266 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
1, A VIRGINIA LIMITED PARTNERSHIP FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5
Z09871179
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
I, a Virginia Limited Partnership for a Change of
Zoning District Classification from AG-1
Agricultural District to R-5 Residential District
on certian property located 600 feet more or less
northeast of Princess Anne Road beginning at a
point 1070 feet more or less northwest of Glebe
Road. Said parcel contains 22 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
September 14, 1987
- 23 -
Item IV-H.I.a
PUBLIC HEARING
PLANNING
ITEM # 27980 (Continued)
The following conditions shall be required:
1. As a portion of this property borders Princess Anne
Road, if a fence is uitlized same shall be buffered
by Category II landscaping. Otherwise regular
Category II landscaping shall be utilized.
2. The Buildings shall be no more than 35-feet in height.
3. Minimum lot size shall be 10,000 square feet.
4. The landscaping shall be subject to review by the
Historical Review Board.
5. The utilization for Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of this site and in
keeping with recommendations for the proposed Back
Bay/North Landing River Mangement Disitrct.
AND,
Prior to the changing of the official zoning map:
6. A right-of-way dedication along Princess Anne Road
to provide for an 8-lane parkway right-of-way
section as per the Master Street and Highway Plan.
The dedication is to be measured 94 feet from the
centerline of the existing right-of-way.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of September, Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 24 -
Item IV-H.I.b.
PUBLIC HEARING
PLANNING
ITEM # 27981
Attorney R. J. Nutter, represented the applicant and advised in 1986 the
Wallers purchased the rear portion of Lot 14. The Waller's were required to
file for a resudivision of the property. When same was APPROVED, this resulted
in one piece of property with two (2) different zoning categories (B-2 and R-
6)
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of JOHN S. & NONIE W. WALLER for a Change
of Zoning District Classification:
ORDINANCE UPON APPLICATION OF JAMES R. & NONIE W.
WALLER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 TO B-2 Z09871180
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of John S. & Nonie W.
Waller for a Change of Zoning District
Classification from R-6 Residential District to B-2
Community-Business District on the west side of
Euclid Road, southwest of the intersection with
Kellam Road on a portion of Parcel A, Block 14,
Pocohontas Village. Said parcel contains 6440
square feet more or less. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A 10-foot landscaping buffer with Category I
screening shall be provided along the northern
boundary line.
2. Establishment of a 6-foot fence along the northern
boundary line commesurate with a fence already in
place.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
September 14, 1987
- 25 -
Item IV-H.I.c
PUBLIC HEARING
PLANNING
ITEM # 27981 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 26 -
Item IV-H.I.¢.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27982
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of FIRST CHURCH OF CHRIST,
SCIENTIST for Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FIRST CHURCH OF
CHRIST, SCIENTIST, FOR A CONDITIONAL USE PERMIT FOR
A CHURCH ADDITION R09871072
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Church of
Christ, Scientist, for a Conditional Use Permit for
a church addition at the southwest corner of Laskin
Road and Gay Drive. Said parcel is located at 1341
Laskin Road and contains 39,152 square feet. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Retention of a ten (10) foot buffer of the existing
trees located along the southern property line to
screen the proposed parking lot from the abutting
residential neighborhood.
2. The internal lot line shown on the submitted site
plan must be vacated in order for off-street
parking requirements to be met.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
First Church of Christ, Scientist
ODr~itional Use Permit
Church Addition
Sept~nber 14, 1987
THE UNDERSIGNED CWNER OR LEGAL REPRES~I~TATIVE FOR THE ONNER,
(or ~gent for the Owner), HAS REVIM~) THE CONDITIONS FOR APPROVAL
(REQUIR~M~TS) R~COMMENDED BY THE VIRGINIA BEACH PIANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENEM~IWT TO THE
ZONING MAP CF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
AIICEPTS AND AGREES TO:
Netention of a ten-foot buffer of the existing trees
located along the southern property line to screen the
proposed parking lot frc~ the abutting residential
neighborhoo~.
o
~he internal lot line shown on the submitted site plan
must be vacated in order for off-street parking
requirements to be met.
Owner/A~torney/~3 ent
- 27 -
Item IV-H.1 .d.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 2798~
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of VIRGINIA BEACH CHURCH OF GOD
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRIGNIA BEACH CHURCH
OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R09871073
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach Church
of God for a Conditional Use Permit for a church
addition at the southeast corner of Wolfsnare Road
and Regency Drive. Said parcel is located at 836
Regency Drive and contains 2 acres. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 28 -
Item IV-H.I.e.
PUBLIC HEARING
ITEM # 27984
PLANNING
Mary Johnson Donahue, 2021 Livingston Oak Drive, Phone: 424-4288 (Office),
479-1516 (Residence), represented the applicant and referenced questionaires
distributed to the immediate neighbors as to the activities of Catherine M.
Kehrig regarding her occupation of day care. Ail expressed positive opinions.
Upon motion by Councilman Moss, seconded by Vice Mayor 0berndorf, City Council
ADOPTED an Ordinance upon application of CATHERINE M. KEHRIG for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CATHERINE M. KEHRIG
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(DAY CARE CENTER) R09871074
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Catherine M. Kehrig
for a Conditional Use Permit for a home occupation
(day care center) on Lot 7, Block K, Carolanne
Farms. Said parcel is located at 5524 Hill Gail
Road and contains 10,803 square feet. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. The number of children cared for shall be limited
to ten (10).
3. The hours of operation shall be from 7:00 A.M. to
5:30 P.M.
4. There shall be no signs on property indicating type
of business.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
September 14, 1987
- 29 -
Item IV-H.I.e.
PUBLIC HEARING
PLANNING
ITEM # 27984 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 30 -
Item IV-H. 1 .f.
PUBLIC HEARING
PLANNING
ITEM # 27985
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Howard Gordon, 5209 Foxboro Landing, Phone: 495-2244, representative of Moore's
Farm Associates, advised there were four conditions of the rezoning of this
property: the Controlled access along Diamond Springs Road, the curb cuts,
the sufficient dedication of Haygood Road and the dedication of the right-
of-way of the Bikeway for Haygood Road. As all of this is part of the
rezoning, to add these as Conditions of the Use Permit would be a
duplication.
Upon motion by Councilman Perry, seconded by Vice Mayor 0berndorf, City Council
ADOPTED an Ordinance upon application of CHEVRON, U.S.A., INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHEVRON, U.S.A., INC.
FOR A CONDITIONAL USE PERMIT FOR GAS PUMPS AND CAR
WASH R09871075
BE IT HEREBY ORDAINED BY THECOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Chevron, U.S.A., Inc.
for a Conditional Use Permit for gas pumps and car
wash on certain property located the the northeast
corner of Diamond Springs Road and Proposed Haygood
Road. Said parcel contains 43,124.40 square feet.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
A right-of-way* dedication along Diamond Springs
Road to provide for the relocation of an 8-foot
bikepath as per the Master Steet and Highway.
e
A right-of-way* dedication along Haygood Road to
provide for an ultimate 6-lane divided arterial
with a bikeway as per the Master St·et and Highway
Plan.
Dedication* of controlled access easements for the
previously rezoned B-2 property, totaling 27.5
acres, along the frontage on Diamond Springs Road
and Haygood Road.
(It is agreed that when these conditions are
satisfied under the Rezoning classification of
September 30, 1985, (Moore Farm Associates); same
conditions included in this Conditional Use Permit
shall be deemed satisfied.)
4. The application shall be in accordance With the
proposed Guidelines for Landscaping.
5. Public restorooms shall be provided.
September 14, 1987
- 31 -
Item IV-H.I.f.
PUBLIC HEARING
PLANNING
ITEM # 27985
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 32 -
Item IV-H. 1. g.
PUBLIC HEARING
PLANNING
ITEM # 27986
Wilfred P. Large, 630 North Witchduck Road, Phone: 499-6791, represented the
applicant
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of AMOCO OIL COMPANY For a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR
A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE
STATION WITH CAR WASH R09871076
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Amoco Oil Company for
a Conditional Use Permit for a gasoline service
station with car wash on certain property located
on the southwest corner of Virginia Beach Boulevard
and North Birdneck Road. Said parcel contains
28,165.90 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A 6-foot fence is required aong the southern and
western border of the property. Fencing shall
consist of #1 Western Red Cedar or #1-SYP-0.4OO-CCA
treated timber and the finished side of the fencing
shall face adjacent residences.
2. Category II screening must be provided on the
outside of the fence facing the residential uses.
3. Public restrooms shall be provided.
4. There shall be one large cub cut on Virginia Beach
Boulevard and one on North Birdneck Road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
September 14, 1987
- 33 -
Item IV-H.I.g.
PUBLIC HEARING
PLANNING
ITEM # 27986 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 34 -
Item IV-H.I.h.
PUBLIC HEARING
PLANNING
ITEM # 27987
Attorney Charles Salle', 192 Ballard Curt, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of NORMAN E. AND BARBARA F.
SCRUGGS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NORMAN E. AND BARBARA
F. SCRUGGS FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION AND CAR WASH R09871077
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Norman E. and Barbara
F. Scruggs for a Conditional Use Permit for an
automobile service station and car wash on certain
property located on the west side of Centerville
Turnpike, 40 feet more or less south of the
intersection with Kempsville Road. Said parcel
contains 25,000 square feet. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The folowing conditions shall be required:
1. Public restrooms are to be provided (handicapped
accessible).
2. Landscaping shall be in accordance with proposed
guidelines now being considered by the Planning
Commission.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item IV-H.I.i.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27988
Upon motion by Councliman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of PRINCESS ANNE TURF & TRACTOR,
INC., A VIRGINIA CORPORATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE TURF &
TRACTOR, INC., A VIRGINIA CORPORATION, FOR A
CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR
(repair of lawnmowers & lawn tractors) R09871078
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Turf &
Tractor, Inc., a Virginia Corporation, for a
Conditional Use Permit for small engine repair
(repair of lawnmowers & lawn tractors) on the south
side of Virginia Beach Boulevard, 1070 feet west of
Lynnhaven Road. Said parcel is located at 2973
Virginia Beach Boulevard and contains 40,946 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Ail repair work must take place within the existing
building. No outside repair is allowed.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATE%lENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Baum ADVISED, prior to the vote in compliance with the new CONFLICT
OF INTEREST regulations, he did not intend to do $10,000 worth of business
with Princess Anne Turf & Tractor, Inc. during the next year and therefore was
not ABSTAINING.
September 14, 1987
STATeMenT ~ OC~SENT
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Princess Anne Turf ar~ Tractc~, Inc.
Cbn~itional Use Permit
~nall Engime Repair (Repair of Lawrmowers
nd Lawn Tractors)
Sept~nber 14, 1987
~ UNDERSIGNED GNNER OR LEGAL REPRESENTATIVE FOR ~ gNNEP,
(c~ Agent for the Owner), HAS REVI~4ED THE CONDITIONS FOR APPNDVAL
(REQUIPd~K~fS) R~CfMMENDED BY THE VIRGINIA BEACH PLANNING CfMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
E~TE AS THEY APPLY TO ~qE REFERENCED APPLICATION FOR AMENEMENT TO THE
ZONIN~ MAP OF THE CITY CF VIRGINIA BEACH, VIRGINIA, AND HEREBY
AOCEP?S AND AGREES TO:
All re~r ~rk must take ~ace within the existing
build~J No outside repair is allowed.
- 36 -
I%em IV-H.I.j.
PUBLI~ HEARING
PLANNING
ITEM # 27989
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of WILLIAM D. ROBINSON for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAM D. ROBINSON
FOR A CONDITIONAL USE PERMIT FOR AUTO SALES AND
SERVICE R09871079
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of William D. Robinson
for a Conditional Use Permit for auto sales and
service on certain property located on the
northeast corner of Virginia Beach Boulevard and
Village Drive. Said parcel is located at 1852
Virginia Beach Boulevard and contains 21,126 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. A ten (10)-foot landscaping strip is required along
this site's frontage on Virginia Beach Boulevard
with landscaping as specified in Section 5A.5 of
the Site Plan Ordinance.
2. Category II screening along the northern and
eastern property lines, outside the proposed 8-foot
wooden fence.
3. A variable width dedication of right-of-way may be
necessary to install a four (4)-foot sidewalk. The
amount of right-of-way dedication, if any, will be
determined during detailed site plan review.
4. Automotive repair shall be limited to minor repair
only, i.e. tire installations, brake work, tune-ups
and carburator repair.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
September 14, 1987
- 37 -
Item IV-H.I.j.
PUBLIC HEARING
PLANNING
ITEM # 27989 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNSIL SESSION:
Willia~ D. Rcbinson
Gor~itional Use Permit
Auto Sales ar~ Service
September 14, 1987
THE UNDERSIGNED f~NER OR LEGAL REPRES~qTATIVE FOR THE ONNER,
(or ~ent for the O~ner), HAS REVIEWED ~HE CONDITIONS FOR APPROVAL
(~QUIR~M~) R~SCM~ENDED BY THE VIRGINIA BEACH PIANNING CO~4ISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION C~ THIS
DATE AS THEY APPLY TO THE REFE~ED APPLICATION FOR AMENEMENT TO ~E
ZONING MAP CF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
AOCEPTS AND AGREES TO:
A ten-f~ot landscaping strip is required alc~3 this
site' s frontage on Virginia Beth BDulevard with
landscapfilg as specified in Section 5A.5 of the Site
Plan Ordinance.
Category II screening along the rDrthern a~d eastern
property lines, outside the proposed eight-foot wooden
fence.
e
A variable width dedication of right-of-way may be
necessary to install a four-foot sidewalk. ~ne a~omt
of right-of-way dedication, if any, will be determined
during detailed site plan review.
e
Autc~otive repair shall be limited to minor repair only,
i .e. tire installations, brake work, tune-ups ar~
carburetor repair.
Owner
Owner-/~torney/~ ent
- 38 -
Item IV-F.2.e.
PUBLIC HEARING
PLANNING
ITEM # 27990
Bucky Pryor, First Colonial Road, Phone: 491-5257, District Manager of Viringia
Power represented the applicant
Uon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of VIRGINIA ELECTRIC AND POWER
COMPANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY FOR A CONDITIONAL USE PERMIT FOR A
SUBSTATION (PUBLIC UTILITY TRANSFORMER STATION)
R09871080
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Virginia Electric and
Power Company for a Conditional Use Permit for a
Substation (Public Utility Transformer Station) on
certain property located on the east side of
Landstown Road, 1890 feet more or less south of
Princess Anne Road. Said parcel contains 17.36
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
A ten-foot right-of-way dedication is required
along Landstown Road for an ultimate 50-foot
right-of-way.
2. The transformer station shall be surrounded by a
wall, except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet in
height. Landscaping outside the fence shall be in
accordance with the best professional landscaping
practices.
3. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonable
to the development of this site and in keeping with
recommendaitons for the proposed Back Bay/North
Landing River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Fourteenth day of September~ Nineteenth Hundred and Eighty-seven.
on the
September 14, 1987
- 39 -
Item IV-H.l.k.
PUBLIC HEARING
PLANNING
ITEM # 27990 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 40 -
Item IV-H.2.a.
PUBLIC HEARING
PLANNING
ITEM # 27991
Floyd E. Kellam, Jr., Chairman of the Administative Board and Chairman of the
Trustees of Nimmo United Methodist Chruch, represented the applicant
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
APPROVED, subject to Compliance of Conditions by March 14, 1988, applications
of NIMMO UNITED METHODIST CHURCH for the discontinuance, closure and
abandonment of certain roads:
Application of Nimmo United Methodist Church for
the discontinuance, closure and abandonment of
Nimmo Church Lane beginning at the southern
boundary of General Booth Boulevard and running in
a southerly direction to the northern boundary of
Princess Anne Road. Said parcel contains 39,568
square feet. PRINCESS ANNE BOROUGH.
The following conditions shal be required:
1. The portion of right-of-way located at the northern
end of Nimmo Church Lane, north of the barrier and
currently landscaped, will not be closed, but be
retained in fee by the City. This area is to be
incorporated into the General Booth Boulevard
right-of-way and existing landscaping maintained.
This portion of right-of-way is also needed to
maintain access to the parcel directly to the east.
The closure plat must be reviwed to reflect this
change.
2. The ultimate disposition of the Nimmo Chruch Lane
right-of-way shall be by purchase rather than
direct conveyance, subject to determination by the
City Attorney's Office.
3. Dedication of a utility easement as determined by
the Department of Public Utilities over the water
line located within the area to be closed.
4. Resubdivision of property and vacation of internal
lot lines to incorporate the closed area into
adjoining parcels, as well as to insure that all
lots have acess to a public street.
5. Closure of thie right-of-way shall be contingent
upon complaince with the above station conditions
within 180 days of the approval by City Council.
AND,
Application of Nimmo United Methodist Church for
the discontinuance, closure and abandonment of an
unnamed road beginning at the intersection with
Nimmo Church Lane and running in a southwesterly
direction to the intersection with Mathews Green.
Said parcel contains 12,959 square feet. PRINCESS
ANNE BOROUGH.
September 14, 1987
- 41 -
Item IV-H.2.~.
PUBLIC HEARING
PLANNING
ITEM # 27991 (Continued)
The following conditions shall be required:
1. The ultimate disposition of the unnamed road shall
be by direct conveyance.
2. Dedication of a utility easement as determined by
the Department of Public Utilities over the water
line located within the area to be closed.
3. Resubdivision of property and vacation of internal
lot lines to incorporate the closed area into
adjoining parcels, as well as to insure that all
lots have access to a public street.
Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
A N D,
Application of Nimmo United Methodist Chruch for
the discontinuance, closure and abandoment of a
portion of Princess Anne Road beginning at a point
150 feet more or less east of the intersection of
Princess Anne Road and Mathews Green, running in an
easterly direction to the intersection of Princess
Anne Road and Nimmo Church Lane. Said parcel
contains 12,456 square feet. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The ultimate dispositon of Princess Anne Road shall
be by direct conveyance.
2. Dedication of a utility easement as determined by
the Department of Public Utilities over the water
line located within the area to be closed.
Dedication of a private easement as determined by
Virginia Power over the existing main line overhead
distibution facilities located along former
Princess Anne Road.
4. Resubdivision of property and vacation of internal
lot lines to incorporate the closed area into
adjoining parcels, as well as to insure that all
lots have access to a public street.
Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
September 14, 1987
Item IV-H.2.a.
PUBLIC HEARING
PLANNING
- 42 -
ITEM # 27991 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
September 14, 1987
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THAT CERTAIN STREET OF
VARIABLE WIDTH, KNOWN AS UNNAMED ROAD,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING RIGHT OF WAY VACATED
BY THE CITY OF VIRGINIA BEACH PRINCESS
ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA",
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Nimmo United Methodist Church, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on , 1987, to have a
portion of the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council
street be discontinued, closed, and vacated;
that said
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Beginning at %he intersection of
Nimmo Church Lane and Unnamed
Road, thence running along the
southern right of way line of
Unnamed Road with a radius of
360.00 feet and a length of
107.82 feet and a chord bearing S
23°48'01TM W; thence continuing
along the curve to the right with
a radius of 615.00 feet with a
length of 266.53 feet and a chord
bearing S 44°47'44'' W to a point;
thence continuing along a curve
to the right with a radius of
315.00 feet and a length of 32.98
feet and a chord bearing $
60°12'37" W to a point; thence N
22°21'29'' W 30.10 feet to a point
on the northern side of Unnamed
Road; thence running along the
northern side of Unnamed Road on
a curve to the left having a
radius of 285.00 feet and a
length of 27.51 feet with a chord
bearing N 59°58'35'' E to a point;
thence continuing along a curve
to the left having a radius of
585.00 feet with a length of
253.53 feet to a point; -thence
running along a curve to the
left, with a radius of 1330.00
feet with a length of 191.31] feet
and a chord bearing N 15°51'54'' E
to a point; thence N 00~50'05" W
46.78 feet to the intersecting
point of Unnamed Road and Nimmo
Church Lane; thence running along
the western side of Nimmo Church
Lane having a radius of 679.00
feet with a length of 147.50 feet
and a chord bearing S 07~03'29''
E, to the point of beginning.
Said parcel of land being an Unnamed Road as indicated on that
certain plat of property in Virginia Beach, Virginia, which
plat is to be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, upon adoption of
this ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
2
SECTION III
This Ordinance shall be
from the date of its adoption.
Adopted:
effective sixty (60) days
3
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THAT CERTAIN STREET OF
VARIABLE WIDTH, KNOWN AS PRINCESS ANNE
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING RIGHT OF WAY VACATED
BY THE CITY OF VIRGINIA BEACH PRINCESS
ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA",
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Nimmo United Methodist Church, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on
, 1987, to have a
portion of the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council oil the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Beginning at the intersecting
point of Nimmo Church Lane and
Princess Anne Road thence running
along the N side of Princess Anne
Road S 88o04'02'' W a distance of
423.85 feet to a point; thence S
26°39'04'' E, 33.03 feet to the
southern side of Princess Anne
Road; thence running along the
southern right of way line of
Princess Anne Road N 88004'02'' E
406.35 feet to a point; thence N
05°04'44'' E 30.23 feet to the
point of beginning.
Said parcel of land being a portion of Princess Anne Road as
indicated on that certain plat of property to be vacated North
of what is presently Princess Anne Road (relocated), Virginia
Beach, Virginia, which plat is to be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, upon adoption of this ordinance,
hereof by reference.
A certified
and is made a part
SECTION II
copy of this Ordinance shall be filed in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed
Virginia Beach as Grantor.
in the name of the City of
This Ordinance shall
from the date of its adoption.
SECTION III
be effective
sixty (60) days
Adopted:
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THAT CERTAIN STREET OF
VARIABLE WIDTH, KNOWN AS NIMMO CHURCH LANE,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING NIMMO CHURCH LANE VACATION
FOR NIMMO UNITED METHODIST CHURCH PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VA." WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Nimmo United Methodist Church, that they
would make application to
Beach, Virginia, on
the hereinafter described
the Council of the City of Virginia
, 1987, to have
street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council
that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Nimmo Church Lane, Beginning at the
intersection of Nimmo Church Lane and
Princess Anne Road, the easternmost portion
of the Nimmo United Methodist Church church
site; that being the POINT OF BEGINNING;
thence along a curve to the right with a
chord bearing N 46°57'27'' W with a radius
of 200.15 feet and a length of 85.91 feet
to a point; thence continuing along a curve
to the right with a chord bearing N
17°44'54'' W with a radius of 679.00 feet
and a length of 400.87 feet to a point;
thence continuing N 00~50'05'' W a distance
of 111.49 feet to a point; thence
continuing S 89°09'55'' W a distance of 7.50
feet to a point; thence continuing N
00o50'05'' W a distance of 27.17 feet to a
point; thence continuing along a curve to
the left with a chord bearing N 33~07'47'' W
with a radius of 50.00 feet and a length of
56.37 feet to a point; thence continuing
along a curve to the right with a chord
bearing N 55~11'23'' W with a radius of
50.00 feet and a length of 17.83 feet to a
point; thence continuing N 41°48'17'' W a
distance of 65.00 feet a point at the
intersection of Nimmo Church Lane and the
southern right of way line of General Booth
Boulevard; thence along a curve to the left
with a chord bearing N 39°36'45'' E with a
radius 858.11 feet and a length of 257.09
feet to a point; thence continuing S
17°06'20'' W a distance of 5.11 feet to a
point; thence continuing along a curve to
the left with a chord bearing S 08~47'42'' W
with a radius of 588.45 feet and a length
of 170.71 feet to a point; thence
continuing S 00~32'41'' E a distance of
94.01 feet to a point; thence continuing S
87~54'49'' W a distance of 15.42 feet to a
point; thence continuing S 00~50'05'' E a
distance of 170.19 feet to a point; thence
continuing along a curve to the left with a
chord bearing of S 17°44'52'' E with a
radius of 649.00 feet and a length of
383.16 feet to a point; thence continuing
along a curve to the left with a chord
bearing S 51~35'36'' E with a radius of
170.15 feet and a length of 100.57 feet to
a point; thence continuing S 44:16'40'' W a
distance of 61.17 feet to a point; thence
continuing N 05~04'43'' E a distance of
30.23 feet to the POINT OF BEGINNING. SAVE
AND EXCEPT that certain piece or parcel of
land designated as "5' NO INGRESS-EGRESS
EASEMENT HEREBY DEDICATED TO THE CITY OF
VIRGINIA BEACH, VIRGINIA," as shown on the
plat entitled "PLAT SHOWING NIMMO CHURCH
LANE VACATION FOR NIMMO UNITED METHODIST
CHURCH PRINCESS ANNE BOROUGH - VIRGINIA
BEACH, VA.", prepared by Venture
Engineering, P.C. ENGINEERING-SURVEYING-
PLANNING, Virginia Beach, Virginia, a copy
of which is attached hereto and made a part
2
hereof, to which reference is made for a
more particular description.
Said parcel of land designated as "NII~MO CHURCH LANE" as
indicated on that certain plat of property in Virginia Beach,
Virginia, which plat is to be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, upon
ordinance, and is made a part hereof by
adoption of this
reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
SECTION III
This Ordinance shall be effective sixty (60) days
from the date of its adoption.
Adopted:
- 43 -
Item IV-H.2.b.
PUBLIC HEARING
PLANNING
ITEM # 27992
Attorney David A. Miller, Jr., 2809 South Lynnhaven Road, Phone: 498-3434,
represented the applicant
Upon motion by Councilman Balko, seconded by Vice Mayor 0berndorf, City Council
APPROVED, subject to Compliance of Conditions by March 14, 1988, application of
PACE CONSTRUCTION CORPORATION for the discontinuance, closure and abandonment
of a portion of Back Acres Road.
Application of Pace Construction Corporation for
the discontinuance, closure and abandonment of a
portion of Back Acres Road beginning at the
intersection of Back Acres Road and Wayman Lane and
running in a southerly direction a distance of 523
feet more or less. Said parcel is variable in width
form 30 feet to 47.4 feet and contains 15,147.502
square feet.LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to insure that
all lots have access to a public street.
2. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
e
Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
September 14, 1987
DAVID A. MILLER,, IIL.P. C,
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 30 FEET WIDE
KNOWN AS BACK ACRES ROAD LOCATED IN
LYNNHAVEN BOROUGH
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Pace Construction and
Development Corp., a Virginia corporation, would make
application to the City Council of the City of Virginia
Beach, Virginia, to have the hereinafter described portion of
that certain undeveloped street, 30 feet wide, known as Back
Acres Road, closed, vacated and discontinued was duly
advertised; and
WHEREAS, the Petitioners as owning the adjacent property
to said street, which is effected by its closure, have
requested that said street be closed; and
WHEREAS, Application was made to the City Planning
Commission and to the City Council, and, pursuant to the
statutes in such cases made and provided, the Council
appointed viewers who have reported to the Council that no
inconveniences to the public or to the private individuals
would result from such closing, vacating and discontinuance;
and
WHEREAS, it is the judgment of the Council that the said
street should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
DAVID ^. IVJlLLF..I~, II~.P.C.
Section 1. That the said undeveloped street 30 feet
wide, known as Back Acres Road described below, located in
the Lynnhaven Borough in the City of Virginia Beach,
Virginia, is hereby closed, vacated and discontinued, said
street not being needed for public use:
Ail that certain parcel of land lying
immediately south of Wayman Lane; immediately east
of Lot 1 and immediately west of Lot 18, all as
shown on the plat showing the undeveloped portion
of Back Acres Road to be vacated, abandoned &
discontinued as a public right-of-way, and being
more particularly bounded and described as follows:
Beginning at the Northeast Corner of the
above described Lot 1, as shown on the
aforesaid plat and from said point of
beginning running N 78° 14' 27" E, a
distance of 30 feet, thence turning and
running S 11° 45' 33" E, a distance of
486.70 feet, thence turning and running S
27° 46' 6" W, a distance of 47.14 feet,
thence turning running N 11° 45' 33" W a
distance of 523.06 feet to the point and
place of beginning of the description of
the land conveyed herein and being shown
as "Back Acres Road (30 feet r/w)
(undeveloped)" on the attached physical
survey.
Section 2. A copy of this Ordinance, certified by the
Clerk, be spread upon the public records in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia
Beach as Grantor.
Section 3. This Ordinance shall be effective thirty
(30) days from date of its adoption.
2
LOT ~
$0.00'
0
~z ~(~,),
LOT I
KA THER INE
L. FOSKETT
(D. B. 186, ~
PG. 549) ~
N 78° 14' 27"E
Z
DENOTES AREA OF R/W
TO BE VACATED.
AREA = I5147.502 SQUARE
LOT 18
QUENTIN ,Y. 4) MARY F.
ZELLERS
(D.B. 679 ~ PG. ~99 )
FEET
DATE:
APPROVED= DIRECTOR OF PLANNING
WAYMAN
LANE (50')
AF PR',
NTERLINE ASSOCIATES,
land · Engineering · Con~lrucflon Surveying
Virginia Reach, Virginia 234.52
1804] ,498-3120
4.-22-87[
SCALE' !"= I00' [ DrVN J.,.C.D.
LTD.
JMAP BOOK
PG.
JOB 46C-87302 (,CB
- 44 -
Item IV-H.2.c.
PUBLIC HEARING
PLANNING ITEM # 27993
Attorney Jim Evans represented the applicant and advised on March 9, 1986,
he had informed the City Council the applicant could not physically build
the replacement north/south road within the 180-day time period. Attorney
Jim Evans requested an additional 180-Day extension for Compliance.
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council APPROVED an ADDITIONAL 180 DAYS FOR COMPLIANCE by March 4, 1988, of an
Ordinance upon application of DOMINION BUILDING CORPORATION for the
discontinuance, closure and abandonment of a portion of Dwyer Road.
Application of Dominion Building Corporation for
the discontinuance, closure and abandonment of a
portion of Dwyer Road beginning at a point 455.5
feet southwest of the intersection with Dam Neck
Road and running in a westerly direction a distance
of 2782.7 feet. Said street is 40 feet in width
and contains 2.553 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
2. Resubdivison of the property and vacation of
internal lot likes to incorporate the closed area
into adjoining parcels, as well as to insure that
all lots have access to a public street.
3. Dedication and improvement or bonding of right-of-
way through the area under development to ensure
aceptable improved public access to the residents
on the southern portion of Dwyer Road.
4. The applicant has voluntarily agreed to landscape
the western terminus which is being closed in
keeping with the best professional landscaping
principles.
5. This portion of Dwyer Road cannot be closed until
the other street is built.
6. Closure of this right-of-way shall be contingent
upon compliance with the above conditions within
180 days of the approval by City Council.
September 14, 1987
- 45 -
Item IV-H.2.c.
PUBLIC HEARING
PLANNING
ITEM # 27993(Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 46 -
Item IV-H.2.d.
PUBLIC HEARING
PLANNING
ITEM # 26994
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant, and distributed a letter and plat from the Commonwealth of
Virginia, Department of Forestry, advising the planting of approximately 630
loblolly pines in the 47 acres adjacent to Diamond Springs Road. (Said letter
and plat are hereby made a part of the record.)
Dr. Carolyn Jones, Vetenarian, daughter of Ursula Jones, represented the
applicant and submitted a rendering depicting the animal hospital. This
rendering was derived from consultation with E. John Mapp.
Joe Basgier, Engineer for the Project, responded to inquires relative the
Sanitary Sewer and Water.
OPPOSITION:
Lawrence C. Taylor, 5440 Lawson Hall Key, Phone: 363-0534
Anne Marino, 5400 Virginia Tech Court, Phone: 473-1069, distributed a petition
containing the signatures of 34 residents (Wesleyans Pines, Wesleyan Chase and
Sajo Farm). Said petition is hereby made a part of the record.
Bob Marino, 5400 Virginia Tech Court, Phone: 473-1069
Reverend Geoffrey Guns, 1001 Larder Post, Phone: 464-3442
Molly Peagler, 5425 Lawson Hall Drive, Phone: 464-2630
James M. Halvorson, 5432 Lawson Hall Key, Phone: 460-6489
Frank H. Sparks, 1008 Larder Post, Phone: 464-3818
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of URSULA JONES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MRS. URSULA JONES FOR
A CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL
R09871081
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mrs. Ursula Jones for
a Conditional Use Permit for an animal hospital on
certain property located on the east side of
Diamond Springs Road, 1982 feet south of Shell
Road. Said parcel contains 1.346 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions are required:
1. Category II planting is required as screening along
the northern and eastern property lines.
2. A five (5)-foot dedication along Diamond Springs
Road is required to provide for the relocated 8-
foot bikeway as shown on the Master Street and
Highway Plan.
Category III screening (Cypress Trees) shall be
provided on the side between the parking lot and
the ditch.
4- Construction shall be in compliance with the
rendering submitted for approval 9/14/87.
e
Any damage to the sprinkler system within the
easement area on the adjacent property of Lawrence
C. Taylor shall be repaired.
September 14, 1987
- 47 -
Item IV-H.2.d.
PUBLIC HEARING
PLANNING
ITEM # 26994 (Continued)
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko
Council Members Absent:
None
September 14, 1987
- 48 -
Item IV-H.2.e.
PUBLIC HEARING
PLANNING
ITEM # 27995
John A. Carbone, 2412 Cedar Bark Road, Phone: 481-5847, one of the principals
in the repair business occupying Mrs. Camper's property on Laskin Road.
Irvin Willis, 1116 Hartwood Avenue, registered but did not speak.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED RENEWAL for an indefinite time of a Conditional Use Permit
previously approved by City Council on September 15, 1986, in the application
of CLAUDINE S. CAMPER.
ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR CENTER R09871082
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Claudine S. Camper
for a Conditional Use Permit for an automobile
repair center on the north side of Laskin Road,
152.45 feet west of First Colonial Road. Said
parcel is located at 1724 Laskin Road and contains
19,115 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
SAID CONDITIONAL USE PERMIT IS FOR AN INDEFINITE TIME AND FUTURE RENEWALS MAY
BE MADE ADMINISTRATIVELY.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
September 14, 1987
- 49 -
Item IV-H.2.f
PUBLIC HEARING
PLANNING
ITEM # 26996
The following registered in support of said Ordinances:
Ron Earley, 1240 General Booth Boulevard, Phone: 428-1444, owner of the K0A
Campground
Bernice Marr, 1705 Maycraft Road, Phone: 464-9443
Upon motion by Councilman Fentress, seconded by Councilwoman McClanan, City
Council ADOPTED:
Ordinance to Amend and Reordain Section 111 of the
Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia, pertaining to the
Definition of Campground.
A N D,
Oridnance to Amend and Reordian Section 233 of the
Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia, pertaining to
Recreational Campgrounds.
Councilman Moss requested information from the City Attorney's Office and the
Department of Permits and Inspections relative when transition to permanent
occupancy occurs.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
September 14, 1987
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 111 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE DEFINITION OF
CAMPGROUND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
That Section 111 of the Comprehensive Zoning Ordinance
12 of the City of Virginia Beach, Virginia, is hereby amended and
13 reordained as follows:
14 Section 111. Definitions.
15
16
Campground. Premises where spaces are offered for
17 occupancy 9~--z~l-e~i~t~3~-~z~--pe~s£ other than permanent
18 occupancy, b~ in portable recreational housing, including any
19 land, building~ structure or facility on such premises used by
20 occupants of such portable recreational housing.
21
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 14th day of September , 1986.
24 WMM/epm
25 07/07/87
26 CA-87-2348
27 (~ord~proposed~0111czo. PRO)
28
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AN ORDINANCE TO AMEND AND REORDAIN SECTION
233 OF THE COMPRE~{ENSIVE ZONING ORDINANCE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO RECREATIONAL CAMPGROUNDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 233 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Section 233. Recreational campgrounds.
Recreational campgrounds shall be subject to the following
conditions:
(a) Physical character of site. Condition of soil,
groundwater level, drainage and topography shall not
create hazards to the property or the health or safety
of the occupants. The site shall not be exposed to
objectionable smoke, noise, odors, or other adverse
influences, and no portion subject to unpredictable
and/or sudden flooding, sub-sidence or erosion shall be
used for any purpose which would expose persons or
property to hazards.
(b) Location and access. No recreational campground shall
be created in any location unless it is served by roads
so located and improved as to assure safe access during
periods of operation.
(c) Permitted principal uses and structures are as
follows:
(1) Uses of transportable recreational housing,
other than ~-~e~m for permanent occupancy
as dwelling units, except as specified in
subsection (d) ~e~w, provided that storage
of unoccupied units not in a condition for
safe occupancy and sale of units shall be
prohibited. It shall be the responsibility
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(d)
(e)
of the recreational campground operator to
enforce the provisions of this subdivision.
(2) Structures and uses required for the
operation, maintenance and management of the
recreational campground.
Permitted accessory uses and structures. Includes
uses and structures customarily accessory and
clearly incidental and subordinate to permitted
uses and structures, including permanent mobile
homes with a maximum of one mobile home per one
hundred fifty (150) recreational campground
spaces, not to exceed five (5) mobile homes, for
the specific purpose of occupancy of employees
operating and maintaining the recreational
campground.
Permissible uses and structures. In addition to
principal and accessory uses and structures
permitted by right, facilities planned for
development as part of the district and promoting
the comfort, convenience or enjoyment of campers
within the district may be permitted by the
governing body subject to limitations and
requirements stated below in particular, and to
such additional conditions and safeguards as may
be established by the governing body as
appropriate to the circumstances of the particular
district and its relation to surrounding property.
Such facilities include the following:
(1) Recreational campground convenience
establishments. Establishments for the sale
or rental of supplies or for provision of
services, for satisfaction of daily or
frequent needs of campers, within the
district may be permitted. Such estab-
lishments include those providing groceries,
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ice, sundries, bait, fishing equipment, self-
service laundry equipment and the like but
not sale of gasoline to automobiles. Such
establishments shall be designed to serve
only the needs of campers within the
campground, but shall not, including their
parking areas, occupy more than two (2)
percent of the area of the campground and
shall not be so located as to attract
patronage from outside the grounds, nor to
have adverse effects on surrounding land
uses.
(2) Marinas, launching ramps. Marinas, launching
ramps and the like may be permitted when
appropriate to the character and location of
the campground, provided that such instal-
lations shall not provide facilities for long
term storage of boats other than those rented
in connection with the campground operation,
or for major repair or overhaul of boats.
Requirements and restrictions applied in
particular cases may include limitations on
hours and manner of operation, requirements
for appropriate parking space for boat
trailers, and the like.
(f) Minimum dimensional requirements:
(1) Minimum area for creation of a recreational
campground shall be twenty-five (25) acres.
At the opening of any recreational campground
for occupancy by units, all required
facilities and improvements shall have been
completed, and the minimum number of spaces
available and ready for occupancy shall be
fifty (50). Maximum density in recreational
campgrounds shall not exceed twelve (12)
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spaces per acre. Signs shall be as allowed
in the district where the use is first
permitted as a conditional use.
(2) Recreation area. Not less than eight (8)
percent of the area of the recreational
campground shall be devoted to recreation
area. Such recreation area may include space
for common walkways and related landscaping
in block interiors provided that such common
open space is at least twenty (20) feet in
width, as passive recreation space, but shall
include at least half of the total required
recreational area in facilities for active
recreation, such as swimming pools or
beaches, ballfields, shuffleboard courts,
play lots for small children and the like, of
a nature so designed to serve the type of
campers anticipated and so located as to be
readily available from all spaces and free
from traffic hazards.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
WMM/lmt/epm
04/15/87
07/07/87
CA-86-02232
~Ordin~Proposed\0233CZO.Pro
14th day of September , 1987.
4
- 50 -
Item IV-I.1 .a.
RESOLUTION
ITEM # 27997
Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City
Council ADOPTED a Resolution approving the issuance of Industrial Development
Revenue Bond:
BETH SHALOM HOME OF VIRGINIA
$137,600'
*This is a portion of the compliance with $45,000,000
issuance to Henrico Industrial Development Authority.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
RESOLUTION
WHEREAS, the Industrial Development Authority of the County
of Henrico, Virginia (the "Authority"), on January 17, 1985, adopted
an inducement resolution (the "Resolution"), a copy of which is
attached hereto, for the benefit of Virginia Hospital Association, a
nonprofit association (the "Association"), wherein the Authority
agreed to assist the Association in financing the acquisition of
certain real and personal property, including the purchase of certain
equipment and the acquisition and construction of certain improvements
for lease or sale to various nonprofit hospitals throughout Virginia
and for the financing of indebtedness previously incurred by nonprofit
hospital to acquire such real or personal property (collectively, the
"Project"), through the issuance of its medical facilities revenue
bonds; and
WHEREAS, the Authority, on May 14, 1985, issued its Hospital
Facilities Adjustable Rate Revenue Bonds (the "Bonds") in the
aggregate principal amount of $45,000,000 to finance the Project; and
WHEREAS, Section 15.1-1378 of the Code of Virginia of 1950,
as amended, states that an industrial development authority may not
finance facilities in another jurisdiction that has an industrial
development authority "unless the governing body of such county, city
or town in which the facilities are located or are proposed to be
located, concurs with the inducement resolution adopted by the
authority, and shows such concurrence in a duly adopted resolution";
and
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has been asked to express its concurrence with the
Resolution so that a portion of the Project financed with proceeds of
the Bonds may be sold to Beth Sholom Home of Virginia (the "Hospital")
for use at its nursing home facility at 6401 Auburn Drive, in the City
of Virginia Beach, Virginia, such portion of the Project to include
nursing home equipment, an Activity Room and renovations to a Nursing
Station at said location.
Virginia:
BE IT RESOLVED by the Council of the City of Virginia Beach,
(1) The Council concurs with the Resolution adopted by the
Authority for the benefit of Virginia Hospital Association to the
extent required by Section 15.1-1378 to allow the Authority to finance
with the proceeds of the Bonds the portion of the Project described
above that is to be located at the Hospital's nursing home in the City
of Virginia Beach, Virginia.
(2) This Resolution shall take effect immediately.
ADOPTED: SEPTEMBER 14, 1987
WLN.RES.IDA.8/25/87 - 2 -
Inducement: Virginia Hospital
Association - 1985 Financing
Program
RESOLUTION OF THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF
THE COUNTY OF HENRICO, VIRGINIA
WHEREAS, there have been described to the Industrial
Development Authority of the County of Henrico, Virginia (the
Authority), the plans of the Virginia Hospital Association, a
nonprofit organization (the Association), to provid6 for (a)
the acquisition of certain real and personal property,
including the purchase of certain equipment and the acquisition
and construction of certain improvements for lease or sale to
various nonprofit hospitals throughout Virginia and (D) the
refinancing of indebtedness previously incurrzd by such non-
profit hospitals to acquire such real or personal property; and
WHEREAS, the Association in its appearance before the
Authority and in its application has described the benefits
that such an undertaking will provide to Virginia and has re-
quested the Authority to agree to issue its medical facilities
revenue bonds under the Virginia Industrial Development and
Revenue Bond Act (the Act) in such amounts as may be necessary
to finance costs of acquiring and constructing such property
and refinancing such property previously acquired and con-
structed (collectively, the Project);
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE COUNTY OF HENRICO, VIRGINIA:
1. It is. hereby found and determined that the under-
taking of the Project will result in better medical facilities
fo~ the inhabitants of Henrico County and other araas of Vir-
ginia, will lower the cost of nonprofit hospitals in providing
medical care to the inhabitants of the Commonwealth, will be in
the public interest, will be of benefit to the inhabitants of
Virginia and will be consistent with the purposes of the Act.
2. To induce the Association to undertake or assist in
the undertaking of the Project and thereby induce ~onprofit
hospitals in Virginia to do the same, the Authority hereby
agrees to undertake the issuance of its medical facilities rev-
enue bonds therefor in an amount not to exceed $50,000,000 upon
terms and conditions to be mutually agreed upon between the Au-
thority and the Association. The components of the Project
shall be leased or sold by the Authority to the Association or
to the participating hospitals pursuant to lease or installment
sale agreements that will provide payments to the Authority
sufficient to pay the principal of and premium, if any, and in-
terest on the bonds. The bonds shall be issued in form and
pursuant to terms to be set by the Authority, and the payment
of the bonds shall be secured by an assignment, for the benefit
of the holders thereof, of the Authority's rights to payments
-2-
under the lease or installment sale agreement and may be addi-
tionally secured by a security interest in the Project.
3. It having been represented to the Authority that it
is.necessary to proceed immediately with the Project, the Au-
thority hereby agrees that the Association and participating
hospitals may proceed with plans for the Project, enter into
contracts for acquisition and construction and take such other
steps as it may deem appropriate in connection therewith, pro-
vided that nothing herein shall be deemed to authorize the As-
sociation to obligate the Authority without its consent in each
instance to the payment of any moneys or the performance of any
acts in connection with the Project. The Authority agrees that
the Association and the participating hospitals may be reim-
bursed from the proceeds of the bonds for all costs so incurred
by any of them, whether prior to or after aJoption of this res-
olution. The Authority also agrees, if requested, to issue its
notes to obtain interim financing for the Project on terms to
be mutually agreed upon, such notes to be secured as required
by the lender and the Authority.
4. The Authority may accept from or on behalf of the
Association and the participating hospitals conveyance of such
land in the Commonwealth on which the components of the Project
are to be located. The officers of the Authority are hereby
authorized and directed to accept and have recorded a proper
-3-
deed oc de~d in connection with such conveyance. If for any
reason the bonds are not issued, it is understood that the Au-
thority shall conv~y such property to the Association, the
participating hospitals or to such other person as the Associa-
tion and the participating hospitals may request, without cost
other than the expense of preparation and recordation of such
deed or deeds of conveyance, which shall be paid by the Associ-
ation.
5. At the request of the Association, the Authority
hereby appoints Craigie Incorporated, Richmond, Virginia, and
Wheat, First Securities, Inc., Richmond, Virginia, as under-
writers for the purchase and sale of the bonds pursuant to
terms to be mutually agreed upon.
6. All costs and expenses in connection with the fi-
nancing and the acquisition and constructon of the Project,
including the fees and expenses of bond counsel, counsel to the
agent or underwriter for the sale of the bonds, counsel and fi-
nancial advisor for the Authority, and so long as the bonds are
outstanding, an annual payment t6 the Authority equal to $500
per $1,000,000 in bonds issued or pro rata amount thereof,
shall be paid from the proceeds of the bonds. If for any rea-
son such bonds are not issued, it is understood that all such
expenses shall be paid by the Association and that the Authori-
ty shall have no responsibility therefor.
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7. In adopting this resol.ption the Authority intends
to take "official action" toward the issuance of the bonds
within the meaning.of regulations issued by the Internal Reve-
nue Service pursuant to Se6tion 103 of the Internal Revenue
Code of 1954, as amended.
8. The inducement given by this resolution shall also
run to the Virginia Hospital Shared Services Corporation, a
Virginia nonprofit, nonstock corporation, and other nonprofit
entity related to the Association and any nonprofit corporation
or other entity created with the assistance of the Association
for the purpose of financing the costs of expansion o~, im-
provements to and equipment for nonprofit hospitals in Vir.-
ginia.
9. Unless this resolution is extended by the Authori-
ty, the bonds authorized hereunder shall be issued within one
year from the date hereof.
10. This resolution shall take effect immediately upon
its adoption.
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- 51 -
Item IV-J.1 .a.
ORIDNANCES
ITEM # 27998
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED, upon FIRST READING:
Ordinance authorizing the issuance of Water and
Sewer System Revenue Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of
$5,500,000;
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER
AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
OF $5,500,000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach, Virginia (the City), to continue
its program of improving and extending its water and sewer system
(the System) which will promote the public welfare of the City
and its inhabitants and will facilitate the orderly growth,
development and general welfare of the City, and to finalize the
costs thereof through the borrowing of $5,500,0C0 and iss~ing the
City's revenue bonds therefor.
2. Pursuant to the City Charter and the Public Finance
Act, there are hereby authorized to be issued water and sewer
system revenue bonds of the City in the maximum amount of
$5,500,000 to provide funds, together with other available funds
for financing the costs of improvements to the System.
3. The bonds shall bear such date or dates, mature at
such time or times not exceeding 40 years from their dates, bear
interest at such rate or rates not to exceed 10% per year, be in
such denominations and form, be executed in such manner and be
sold at such time or times and in such manner as the Council may
hereaafter provide by appropriate resolution or resolutions.
4. The System is an undertaking from which the City may
derive a revenue. The Bonds shall be limited obligations of the
City, payable as to principal, premium, if any, and interest
solely from the revenues derived by the City from the System, and
shall not be included within the otherwise authorized indebted-
ness of the City. The bonds shall not be deemed to create or
constitute an indebtedness of or a pledge of the faith and credit
of the Commonwealth of Virginia or of any county, city, town or
other political subdivision of the Commonwealth, including the
City, and shall so state on their face. The issuance of the
bonds and the undertaking of the covenants, conditions and agree-
ments to be contained in resolutions to be adopted or agreements
to be entered into hereafter shall not directly, indirect.y or
contingently obligate the Commonwealth, the City or any other po-
litical subdivision of the Commonwealth to levy and collect any
taxes whatsoever or mak(· any appropriation therefor, except from
the revenues pledged to the payment of the principal of and pre-
mium, if any, and interest on the bonds.
5. Such resolutions to be adopted and agreements to be
entered into hereafter authorizing the issuance of the bonds and
providing the details thereof shall contain appropriate covenants
requiring the City to fix, charge and collect such rates, fees
and other charges for the use of and the services furnished by
the System and to revise the same from time to time and as often
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as shall be necessary so as to produce sufficient net revenues to
pay princlpa] of and premium, if any, and interest on the bonds
as thE' ssme become due and to provide a margin of safety there-
for. Such resolutions and agreements shall also include such ad-
ditional covenants, agreements and other terms as are customary
for the protection of the holders of water and sewer revenue ob-
ligations.
6. This ordinance shall be in full force and effect from
its passage.
ADOPTED by the Council of the City of Virginia Be0ch,
Virginia, this __ day of September, 1987.
(SEAL) APPROVED:
Mayor
ATTEST:
City Clerk
APPROVED AS TO CONTENT
SIQNATU~,E
DEPARTMENT
AP~G",;,~D AS TO FORM
/ CITY/JT()~NEY
FIRST READING: September 14, 1987 -3-
- 52 -
Item IV-J.l.b.
ORDINANCES
ITEM # 27999 (Continued)
A MOTION was made by Councilman Fentress, seconded by Councilwoman Parker, to
APPROVE Ordinance authorizing the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of $24,800,000 for
various public facilities and general improvements.
A MOTION was made by Councilman Heischober to DEFER Ordinance authorizing the
issuance of General Obligation Bonds of the City of Virginia Beach, Virginia,
in the maximum amount of $24,800,000 for various public facilities and general
improvements. This MOTION FAILED FOR LACK OF A SECOND.
City Council VOTED to act upon the MOTION to APPROVE.
Voting: 11-0'
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
September 14, 1987
- 53 -
Item IV-Jolob.
ORDINANCES ITEM #27999
Upon motion by Councilman Fentress, seconded by Councilwoman Parker,
Council APROVED upon FIRST READING:
City
Ordinance authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $24,800,000 for
various public facilities and general improvements.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan and John D. Moss
Council Members Absent:
None
Septe~ber 14, 198"
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $24,800,000 FOR VARIOUS PUBLIC
FACILITIES AND GENERAL IMPROVEMENTS
WHEREAS, the City desires to authorize t Le issuance of gen-
eral obligation public improvement bonds for various purposes in
the maximum amount of $24,800,000 without submitting the question
of their issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach, Virginia (the City), to construct
and improve various public faclities and general improvements,
all of which will promote the public welfare of the City and its
inhabitants and will facilitate the orderly growth, development
and general welfare of the City, and to finance the costs thereof
through the borrowing of $24,800,000 and issuing the City's gen-
eral obligations bonds therefor.
2. Pursuant to the the City Charter and the Public Finance
Act, there are hereby authorized to be issued public improvement
bonds of the City in the maximum amount of $24,800,000, to pro-
vide funds, together with other funds that may be available, for
the following purposes:
School projects, including site acquisition.
and improvements, planning, design, construction,
renovation, expansion, equipping and furnishing
of schools and related facilities
$9,015,000
Engineering and highway projects, including
site acquisition and improvements, design, planning,
construction, improvement, replacement,
expansion and extension of streets, highways
and bridges 12,618,283
Drainage projects, including dredging the
Eastern Branch of the Lynnhaven River
91,685
Building projects, including site acquisition and
improvements, design, planning, construction,
improvement, renovation, expansion, equipping
and furnishing of the Kempsville Public Safety and
Library Services facilities, Fire Station
#1-North End and the Correction Center
2,675,324
Parks and recreation projects, including
design, planning, construction, improvement,
expansion, equipping and furnishing of the
Princess Anne Park recreation facilities
399,708
$24,800,000
Any amount not needed for any of such purposes may be used for
any other of such purposes. The bonds may be issued as a sepa-
rate issue or combined with bonds authorized for other purposes
and sold as part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 years from their dates, bear in-
terest at such rate or rates not to exceed the maximum rate au-
thorized by law at the time the bonds are sold, be in such denom-
inations and form, be executed in such manner and be sold at such
time or times and in such manner as the Council may hereafter
provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for
the payment of principal of and interest on which its full faith
and credit shall be irrevocably pledged.
5. This ordinance shall be in full force and effect from
its passage.
Adopted by the Council of the City of Virginia Beach, Vir-
ginia, on the ]:~,:], day of September, 1987.
Approved:
FIRST READING:
SECOND READING:
September 14, 1987
Mayor, City of Virginia
Beach, Virginia
. ~ '.~', ,~:;::~ AS TO CONTENT
...... S~GNA'I'URE
g~F'/\RTMENT'
,,-~,~",~., AS TO~FOR. M
-3-
- 54 -
Item IV-J.2.
ORDINANCES
ITEM # 28000
Upon motion by Councilman Heichober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing a Lease to First Union
Commercial Corporation, its successors or assigns,
to effect the financing for a Project involving the
Acquisiton of Land surrounding the City of Virginia
Beach, Virginia, Municipal Center.
FIRST UNION COMMERCIAL CORPORATION submitted TOTAL EXPENSES in the amount of
$3,280.14 relative its compensation for such prospective service in regard to
the purchase of land adjacent to the Municipal Center.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
AN ORDINANCE AUTHORIZING A LEASE TO FIRST
UNION COMMERCIAL CORPORATION, ITS SUCCESSORS
OR ASSIGNS, TO EFFECT THE FINANCING FOR A
PROJECT INVOLVING THE ACQUISITION OF LAND
SURROUNDING THE CITY OF VIRGINIA BEACH,
VIRGINIA, MUNICIPAL CENTER
WHEREAS, the Council of the City of Virginia Beach, Virginia
(the City), having received bids pursuant to advertisement in the
manner prescribed by law, from bidders in amounts set forth on
Exhibit B hereto, to act as lessee under a lien to effect the
lease/purchase financing of certain real property surrounding the
City's municipal center complex, which bids have been read aloud,
and terms of which are shown in the bidding documents on file in
the office of the City Attorney; and
WHEREAS, the Council has, after having followed procedures
required by general law, conducted a full analysis and
consideration of the technical ability, financial condition,
legal qualification, and general character of said bidders; and
WHEREAS, the Council after such consideration, analysis and
deliberation, has approved and found sufficient the ability,
financial condition, legal qualification, and character of the
hereinafter named bidder as the bidder who provides the lowest
overall cost to the City to effect the lease/purchase financing;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that it is the intention of the City to
grant a lease for a period of forty years to First Union
Commercial Corporation, upon the terms and conditions of a Prime
Lease, substantially in the form attached hereto as Exhibit A,
being one of the documents providing for the financing of the
acquisition of land surrounding the Virginia Beach municipal
center complex.
ADOPTED by the Council of the City of Virginia Beach, this
14th day of September, 1987.
Approved:
Robert G. Jones, Mayor
City of Virginia Beach, VirGinia
Exhibit B
Name
First Union Commercial Corp.
Address
First Union Plaza CORP-12
Charlotte, North Carolina 28288
Amount
$3,280.14
23
24~
24
24
26
27
EXHIBIT A
PRIME LEASE
27
29 THIS PRIME LEASE, dated as of September 1, 1987, between the
30 CITY ~F VIRGINIA BEACH, VIRGINIA, a Virginia municipal corporation
32 (the City), as lessor, and , a
33 - corporation (_the Leasing Company), as lessee;
35
37 W I T N E S S E T H:
38
39 WHEREAS, the Leasing Company desires to acquire a leasehold
40 inter~st in certain real property and provide funds for the acqui-
41 ~ition of such real property t_o be used by the City to expand its
43 municipal center complex,_and lease such real property to the City
45 pursuant to a Real Property Lease Agreement dated as of the date
46 hereof (the Le~se Agreement), and the City proposes to enter into
47 this lease wTth the Leasing Company in order to enable the Leasing
48 Company to implement such proposal; and
51
52 WHEREAS, the City, the Leasing Company and ,
53 -, Virginia, have entered into a Trust Agreement dated as of
54 the date hereof (the Trust Agreement) to provide the terms for the
55 issuance from time to time of Certificates, as defined therein, to
56 provide funds for the acquisition of such real property and for any
57 improvements which may be constructed or Dlaced thereon from time
58 to time;
59
60 NOW, THEREFORE, for and in consideration of the mutual cove-
61 nants-hereinafter contained and other valuable consideration, _the
63 parties hereto covenant and agree as follows:
65
66 Section 1. Lease of Property. The City hereby demises and
67 lease~ to the Leasing Company, and the Leasing Company hereby
67 ~eases from the City, the real property described in Exhibit A
68 hereto,-as such description may be modified from time to time put-
69 suant to a modification Agreement, as hereinafter defined, to add
71 additiona~ real property described in Exhibit B to this Lease or to
72 ~emove from this Lease any or all of such r'eal property described
73 on Exhibits ~ or B hereto, on whichAnO improvements have been
76 pla~ed which were financed ~y the i'~uance of Certif~e~ _~-~he
78 Property), upon th~ terms and conditions hereinafter set forth.
80 The Leasing Company acknowledges and agrees -that the City shall at
81 all times retain fee simple title to the Property and at no time
82 shall fee simple reside in the Leasing Company.
84
85 Section 2. Term. The term of this Lease shall commence on
85 the d~te of its delivery and shall expire 40 years from the date
87 hereof, unless such term is sooner terminated or relinquished as
88 hereinafter provided.
89
90 Section 3. Rental. The Leasing Company has paid to the City
91 as an~ for rental hereunder the sum of $10.00 and other valuable
92 ~onsideration upon the execution of this Lease, receipt of which is
8
9
10
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12
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93 hereby acknowledged, ~epresenting rental of the Property in ~dvance
95 for the term of this Lease.
96
97 Section 4. Purpose. The Leasing Company shall use the ~rop-
98 erty ~olely for the purpose of leasing it ~o the City pursuant to
99 the Lease Agreement, as ~ell as for such purposes as may be inci-
100 dental thereto.
101
102 Section 5. Title to Property. The City represents and Ear-
103 rants-that it is the owner in fee simple of the Property as it ex-
104 ists on the date of execution hereof and that it will be ~he owner
105 in fee simple of such real property that may become ~art of the
106 Property from time to time.
107
108 Section 6. Assiqnment and Sublease. The Leasing Company may
109 assig~ its rights under this Lease or sublet the Property without
110 The consent of the City only (a) in connection with any ~ssignment
111 ~f its rights under the Lease Agreement, (b) if the ~ease Agreement
112 is terminated for any reason, or (c) if an_"event of default," as
113 defined in the Lease Agreement, has 9ccurred and is continuing.
115
116 Section 7. Amendments to Lease. (a) This Lease may be
117 amended by the City and the Leasing Company ~rom time to time by
118 entering into ~ Modification Agreement (Modification Agreement) ~o
120 add additional real property to this Lease. ~he term Property
121 shall include any ~uch additional real property.
123
124 Lb) In the event that the Series of 1987 Certificates,
124 as defined in the Trust Agreement, are no longer outstanding ~ursu-
126 ant-to the Trust Agreement, this ~ease may be amended from time to
128 time Rursuant to a Modification Agreement to remove from the terms
129 of this ~ease ~ny or all of the Property on which~no improvements
131 have been placed which were financed by the issuance of Certifi-
132 cates.
133
134 Lc) Whenever Additional Certificates, as defined in the
135 Trust Agreement, are issued, ~his Lease may be amended pursuant to
136 a Modification Agreement ~o provide for an additional lessee to be
137 the Leasing Company ~or purposes of the issuance of such Additional
138 Certificates. The term Leasing Company shall include any such ad-
139 ditional lessee.
141
142 id) At any time when all ~ertificates of any series are
143 no ~onger outstanding pursuant to the Trust 6greement, this Lease
145 may be amended pursuant to a Modification 6greement to release the
146 Leasing Company for any such series of ~ertificates from the terms
147 of this Lease as a ~easing Company.
149
150 (e) By execution hereof, the Leasing Company agrees~that
151 the execution of ~ny such Modification Agreement by the City shall
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DAAFT
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152 be deemed to be executed by the Leasing Company as well and no fur-
153 ther action ~y the Leasing Company is necessary.
155
156 Section 8. Deed of Trust. The City consents to the granting
157 of De~d of Trust dated as of the date hereof (the Deed of ~rust),
158 ~rom the Leasing Company to Walter F. Witt, Jr., and ~atrick J.
159 Milmoe, as trustees, on the leasehold estate created bY this Lease
161 in order to secure payment of the rental Rayments provided in the
162 ~ease Agreement. ~he Deed of Trust may be modified from time to
163 time pursuant ~o a Modification Agreement to conform to any modifi-
164 cations in ~his Lease pursuant to Section 7.
166
167 Section 9. Fees and ExDenses. The City shall pay all ~eason-
168 able ~xpenses of the Leasing Company arising out of the ~ransac-
169 tions contemplated by the Basic Agreements, ~s defined in the Lease
170 Agreement.
171
172 Section 10. Termination. In the event the City makes all ~f
173 the r~ntal payments provided for in the Lease Agreement and 9xer-
174 cises the option thereunder to purchase the leasehold estate 9f the
175 Leasing Company hereunder, then this Lease shall be ~ssigned by the
176 Leasing Company ~o the City and shall be terminated through merger
178 of the leasehold interest with the fee simple interest in the Prop-
178 ~rty, and the meed of Trust shall be released. ~he Leasing Company
180 agrees, upon such assignment and termination or ~pon expiration of
181 the term hereunder, to surrender the Property to ~he City and, upon
182 the request of the City, to execute an ~ppropriate instrument
183 evidencing such assignment and ~ermination.
185
186 Section 11. Default. If an "event of default" under the
187 Lease-Agreement occurs and is continuing or upon termination of ~he
188 ~ease Agreement pursuant to Article VII thereof, the ~easing Compa-
189 ny shall have the right to possess the leasehold ~state created
190 hereunder for the remainder of the lease term and shall have the
191 right to ~ell ~r sublease the leasehold estate ~nd assign or sublet
193 this Lease ~pon whatever terms and conditions it deems prudent;
195 Rrovided, however, ~hat, in such event, if ~he Leasing Company
197 shall receive a payment for sale of its leasehold ~state or total
198 rental payments for sublease that are, after Rayment of the Leasing
199 Company's expenses in connection therewith, in excess of the put-
200 chase price specified in Section 6.2 of the Lease 6greement appli-
201 cable at the time of termination or default plus interest thereon
202 at the rate of 8% per year (with amounts so Eeceived to be credited
203 first to such interest and then to the ~rincipal), then 75% of such
204 excess shall be paid to the City by the ~easing Company, its as-
205 signs or its sublessee.
206
207 The City shall not have the right to exclude the ~easing Com-
208 pany ~rom the Property or take possession of the Property (other
209 Ahan pursuant to the Lease Agreement) or to terminate this'Lease
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210 Rrior to the expiration of its term upon any default by the ~easing
211 Company hereunder, except that if, upon the exercise of the 9ption
212 to purchase the Leasing Company's leasehold estate hereunder
212 granted Ao the City in Section 4.13 of the Lease Agreement and
213 after the Rayment of the purchase price specified therein and other
214 sums Rayable under the Lease Agreement, the Leasing Company fails
215 to ~onvey its leasehold estate hereunder to the City pursuant to
216 such option, then the City shall have the right to terminate this
218 Lease, such termination to be effective 30 days after giving ~otice
219 ~f such termination to the Leasing Company. ~owever, in the event
220 of a default by the Leasing Company ~ereunder, the City may main-
221 tain an action for damages or for ~pecific performance.
223
224 Section 12. Quiet Enjoyment. Subject to Section 10, the
225 Leasing Company at all times during the term of this Lease shall
226 Reaceably and quietly have, hold and enjoy the entire leasehold es-
227 tate created hereunder.
228
229 Section 13. Lease Back to City. Contemporaneously ~erewith
230 the L~asing Company will execute the Deed of Trust and the Leasing
231 Company ~nd the City will execute the Lease 6greement whereby the
233 Leasing Company will lease back its leasehold ~state in Ahe Proper-
235 ty to the City ~ubject to the Deed of Trust, ~nd the City will
237 lease the same from the Leasing Company, ~11 in ~ccordance with the
239 Lease Agreement. ~he ~ease Agreement requires the Leasing Company
241 to transfer, ~onvey and assign to the City its leasehold estate
242 hereunder ~pon payment of the purchase price or upon completion ~f
244 all required rental payments.
245
246 Section 14. Notices. All notices to be given under this
247 Lease-shall be in writing and shall be deemed to have been ~iven
248 Qhen delivered in person or when mailed by first class Eegistered
249 or certified mail, postage prepaid, addressed (a) if Ao the City,
250 at Municipal Center, Virginia Beach, Virginia 23456 lAttention:
251 ), or (b) if to the Leasing Company, ~t P. O.
252 Box , , (Attention:
253 ).
254
255 Section 15. Severability. If any provision of this Lease
256 shall-be held invalid by any court of competent jurisdiction, ~uch
257 ~olding shall not invalidate any other provision hereof.
258
259 Section 16. Successors and Assiqns. This Lease shall be
259 binding upon, inure to the benefit of and be enforceable by the
260 parties ~nd their respective successors and assigns.
262
263 Section 17. Applicable Law. This Lease shall be governed ~y
264 the l~ws of the Commonwealth of Virginia.
265
265
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266 Section 18. Counterparts. This Lease may be executed in ~ny
267 numbe~ of counterparts, each of which shall be deemed to be ~n
268 original and all of which together shall constitute but one ~nd the
269 same Lease.
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
270
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271
273
275
279
280
280
281
282
283
283
283
284
285
285
286
287
288
290
290
290
290
290
290
290
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290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
290
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IN WITNESS WHEREOF, the parties ~ave caused this Lease to be
duly ~xecuted ~s of the date first above written.
CITY OF VIRGINIA BEACH
By
City Manager
By
Its
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291 STATE OF VIRGINIA
292
293
294
294
296
297
298 Thomas H. Muehlenbeck, City Manager of the City of Virginia
The foregoing instrument was acknowledged before me in
- ...., Virginia, this day of October, 1987, by
298 ~each, ~irginia.
300
301
303
303
306
307
308
308
308
309 STATE OF VIRGINIA
~y commission expires:
Notary Public
The foregoing instrument was acknowledged before me in
- , Virginia, this day of October, 1987, by
of
~y commission expires:
Notary Public
-7-
310
311
312
312
314
315
316
317
318
321
321
322
323
326
326
326
326
326
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326
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326
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326
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326
326
16
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DRAf:T
- 55 -
Item IV-J.3.
ORDINANCES
IT~ # 28OO1
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER funds in the amount of
$220,000 to Project #2-007 Constitution Drive for
acquisition of property and to authorize the City
Manager to purchase said property.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan,* John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
*Verbal Aye
Councilman Heischober ABSTAINED as his property shall be affected by some of
the alignments concerning this Project.
September 14, 1987
AN ORDINANCE TO TRANSFER FUNDS IN THE
AMOUNT OF $220,000 TO PROJECT #2-007 CONSTITUTION
DRIVE FOR ACQUISITION OF PROPERTY AND TO AUTHORIZE
THE CITY MANAGER TO PURCHASE SAID PROPERTY
WHEREAS, the current Capital Improvement Program includes a joint
state/city project #2-007 Constitution Drive for construction of a four-lane
divided arterial highway from Columbus Loop to Independence Boulevard, and
WHEREAS, the State and City are presently reviewing five alignment
alternatives for this project including consideration of a flyover, and
WHEREAS, a site plan for development of property along the project area
has been submitted and subsequently denied by the city due to the severity of the
potential impact on the proposed flyover, and
WHEREAS, the property owner has agreed to sell his property to the city
at an appraised price of $220,000, and
WHEREAS, to provide for the purchase price, it will be necessary to
transfer $220,000 from project #2-036 Roadway Advanced Land Acquisition to the
Constitution Drive Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that fund in the amount of $220,000 is hereby transferred from
project #2-036 Roadway Advanced Land Acquisition to project #2-007 Constitution
Drive for advanced site acquisition of the project.
BE IT FURTHER ORDAINED that the City Manager is authorized to acquire
said property for the Constitution Drive Flyover project.
This ordinance shall be in effect from the date of its adoption.
14th
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of September , 1987.
THIS IS TO C~RTIFY THAT I, ON MAY Il, 1981 SURVEYED THE PROPERTY SHOWN ON THIS PLAT,
AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS Air~ AS SHOWN ON THIS PLAT.
TH~ BUILDINGS STAND STRICTLY WITHIN THE TITLE LINE'S AND THERE ARE .NO. ENCROACHMENTS OF
OTHER BUILDINGS ON THE PROPERTY, gXCEPT AS SHOWN. * '
NOw or Formerly
THE COMMONWEALTH OF VIRGINIA
(0. B, MI, P. 4SOl(HWY. P. 8. 5, ~ 260) .~U~
~ ~ Oo
36" CNAINLINK Ir[NC[ '"
sa. z' ~U'' Mefal
'. ~ Shed
~ ':'~Frome
g Zee'' S eds
~,~ PARCEL A
',~'~:' AREA = 0.~49 ACRE
o ~ ~ s~ ed
0~ 4.T' 244' .
One Story Frame
:~r 44Z0
PIN ''~
,-STOOP
$ 43 o,,~6' ~.
HOLLAND
ROAD
(VARIABLE WIDTH R/W)
,.~e' C. HAtNLI#K FI#C:
CLEAR
/
:'
' l)fl~[k~ RIGHT-OF. WAy
PHYSICAL SURVEY
· OF
THE REMAINING PROPERTY OF TYSON T. dOHNSON ~ND BLANCHE B. dOHNSON
BEING A PORTION OF PARCEL DESIGNATED "80.29 ACS,."
ON SURVEY ~,']ADE FOR BENJAMIN GIMBEFtT, PROPERTY ON HOL-AND ROAD
(M.~,II,P.
KNOWN AS HOLLAND TERRACE AND ADJACENT PROPERTIES (,,.,.,,~. ,.
KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA ,,.e.
F~
DIMITRIOS G. PAPADOP EOS MARY F. PAPADO ULOS
SCA~: l"'30' MAY II, 1981
~OUSE , SIRINE ~SSOCI~TffS, LTD.
VI~QINIA B~ACH, VI~OINIA
P.S. 130, P.
RS. 15, P. 43
P'~I G
I?
18
RECRE ATIOt,i LAKE
pno.,-I~OSE
*co, uts, ',
NOT T~" SC.Al
- 56-
Item IV-J.4.a/b/c
ORDINANCES
ITEM # 28O02
A MOTION was made by Councilman Moss, seconded by Councilman Perry to ADOPT the
Ordinance to AMEND and REORDAIN: Section 4.4 of the Subdivision Ordinance
pertaining to lots and lot lines; Article 5, Section 573(d) of the
Comprehensive Zoning Ordinance pertaining to side and rear yards; AND, Article
6, Section 602(c) of the Comprehensive Zoning Ordinance pertaining to side and
rear yards.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Fentress to DEFER the Ordinance to AMEND and REORDAIN: Section 4.4 of the
Subdivision Ordinance pertaining to lots and lot lines; Article 5, Section
573(d) of the Comprehensive Zoning Ordinance pertaining to side and rear yards;
AND, Article 6, Section 602(c) of the Comprehensive Zoning Ordinance pertaining
to side and rear yards. This DEFERRAL shall be until this Ordinance can be
studied in conjunction with the overall Comprehensive Zoning Ordinance.
Voting: 5-6 SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober and Mayor Robert G. Jones
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Reba S. McClanan,
Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and
John L. Perry
Council Members Absent:
None
September 14, 1987
AN ORDINANCE TO AMEND AN~ REORDAIN
SECTION 4.4
OF THE SUBDIVISION ORDINANCE
PERTAINING TO LOTS
BE IT ORDAINED B'Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.4, Lots, of the Subdivision Ordinance be amended and
r6ordained in part as follows:
14th
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of SepteJ~ber , 1987.
- 57 -
Item IV-J.4.a/b/¢.
ORDINANCES
ITEM 28003
A MOTION was made by Councilman Moss, seconded by Councilman Perry to ADOPT the
Ordinance to AMEND and REORDAIN:
Section 4-4 of the Subdivision Ordinance pertaining to lots and lot lines;
Article 5, Section 573(d) of the Comprehensive Zoning Ordinance pertaining
to side and rear yards
AND,
Article 6, Section 602(c) of the Comprehensive Zoning Ordinance pertaining
to side and rear yards.
Voting: 7-4
Council Members Voting Aye:
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress,
aand Harold Heischober
Council Members Absent:
None
September 14, 1987
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 573(d)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO SIDE AND REAR YARDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 573, Minimum lot area, lot width, yard spacing
and maximum lot coverage, of the C.Z,O. be amended and reordained in part
as follows:
(d) Side a~d rear.yards: For single-family dwellings, semidetached
dwellings and duplexes, the minimum rear yard shall be ten (lO) feet. The
minimum side yard shall be eight (8) feet. Minimum side and rear yards for
uses other than a dwelling shall be fifteen (15) feet. In the case of a
corner lot, the side yard setback adjacent to a street shall be increased
ten (10) feet for all permitted uses. Ne~w~hs~and~Rg-~he-abeve,-~be~e
sha~.be.~e_~:m-~ed.s~de.ya~d-me~su~ed-f~e~-a-s~de-ya~d-)e~-)~e-o~-o~e
s~de~ef-a-s~e-f*~m~y-dwe~g~-p~ev~e~ha~-~R~su~h-a-~ase-~e-£~1~w~ng
~'he-~eq~$~ed-s~de-ya~d-e~-~he-epPes~e-s~de-ef-the
~b~eet.dwe~g.sha~-be-a~-~eas~-te~-~Q~-~ee~.
(21 ~e~_a~.ad~aee~.~o~,-~he-~de-ya~d-adJo~ng'~he
~b~ee~.~e~_~e.sha~-be-a~-~eas~-~e,-(~g~-~ee~.
~3~ ~he_~e~_~e.f~em-wh~eh-~he~e-~s-~e-s~de-ya~d-~e-
e~(~emem~s_sha)~.be-se-des~gma~eU-en-~he-s~bU(v~s~e"
Adopted
_14th day of September
the Council of the City of Virginia Beach, Virginia, on the
, 1987.
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 602(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO SIDE AND REAR YARDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 602, Minimum lot area, lot width, yard spacing,
recreation space, maximum density, height and lot coverage regulations, of
the C.Z.O. be amended and reordained in part as follows:
(c)
The minimum yard requirements for multiple-family, single-family,
duplex, and semidetached dwellings shall be as follows:
(1)
Front yards shall have a minimum depth of fifteen (15) feet
for multiple-family, duplex and semidetached dwellings, and
a minimum depth of twenty {20) feet for single-family dwell-
ings and for uses other than the foregoing. Suchfront yards
shall, except for necessary access walks and drives, be main-
tained in landscaping and shall not be used for parking.
(2) Side and rear yards shall have the following.minimum depths:
(i)
Side and rear yards shall be ten (10) ~eet in the case
of multiple-family and duplex. For single-family dwell-
ings, the minimum rear yard shall be ten {10) feet and
the minimum side yard shall' beeight {8) feet. #e~w~h-
s~a~d~g-~he-abeve~-~he~e-sha~-be-~e-~equ~ed-s~de-ya~
e~_e~e-s~e.ef-a-s~g~e-fam~y-dwe~g-(~he-~e~e~-s~de~
p~ev~ded-~he-~e~ew~g-~equ~weme.~s-a~e-me~+
a. ~he-~equ(wed-s(de-yawd-eppes(~e-~he-~ewe-s(de-sha)~
be-a~-~eas~-tea-(~O)-fee~.
'b. )he-wequ(wed-s~de-yawd-ee-~he-~e~-adjaeee~-~e-~he-~ewe
s~de-sha~-be-a~-~eas~-~e~-{~)-¢ee~ ~
Co
)he-~ewe-s(de-sha))-be-se-des~gea~ed-ee-~he-sebd~v~-
s~eR-p~a~-~-aeee~da~ee-w~h-$ee~e~-4~4(~-ef-~he
$~bd~v~s~e~-O~d~a~ee~
-Adopted by the Council of the City of Virginia Beach, Virginia, on the
14th day of September , 1987.
- 58 -
Item IV-J.5.
ORDINANCES
ITEM # 28004
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED upon FIRST READING:
Ordinance to adopt the FY 1987-$8/FY 1991-92
Capital Improvement Program and to accept and
appropriate $107,077,790 for the FY 1987-88 Capital
Budget subject to funds being provided from various
sources.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, John D.
Moss, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Barbara M. Henley and Reba S. McClanan
Council Members Abstaining:
Councilman Harold Heischober VERBALLY ABSTAINED on
Project #2-007 CONSTITUTION DRIVE AND AYE ON ALL
OTHER PROJECTS.
Council Members Absent:
Vice Mayor Meyera E. 0berndorf
AN ORDT_.qANCETOADOI:~ TEE
FY 1987-88/lrY 1991-92 CAPITAL
INPRO~ PROGRAHAND '1'0
APPROPRIATE $107,077,790 FOR
THE FY 1987-88 cAPr~ALBUDGIrr
SUBJECT TO FUNDS BEING PROVIDED
FROHVARIOUS SOURCES SET FORTH HRRE]2~I
WHEREAS, the City Manager, on August 24, 1987, presented to City
Council the Capital Improvement Program for fiscal years 1988-92, and
WHEREAS, City Council held public hearings on the program to provide
for public comment, and
WHEREAS, based on public comment, City Council has determined the need
for the projects in the Capital Improvement Program, and
WHEREAS, it is necessary to appropriate funds for the projects underway
of beginning in the 1987-1988 fiscal year as set forth in said Capital Improve-
ment Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1: That the program for the construction of, or addition to
capital facilities identified for fiscal years 1987-1988 through 1991-92 is
hereby adopted and that projects listed herein are approved as capital projects.
Section 2: That the projects shall be financed from funds to be
appropriated periodically by City Council, and until funds are so provided, the
projects are for planning purposes only and may be deleted, altered, or resched-
uled in any manner at any time by City Council.
Section 3: That funds in the amounts aggregating $107,077,790 for
capital projects underway or beginning in the 1987-88 fiscal year as set forth in
said Capital Improvement Program are hereby appropriated, subject to the condi-
tions hereafter set forth, as follows:
CAPITAL PROJECT
SCHOOL PROJECTS:
1-963 Various Schools Air Conditioning-Phase I
1-964 Various Schools Air Conditioning-Phase II
1-937 Salem Junior High School
1-962 Parkway Elementary School
1-951 Salem High School
1-955 Salem Elementary School
1-970 School Bus Maintenance Facility
1-928 Kellam High School Roofing
1-959 Various Schools Roofing-Phase I
1-972 Running Tracks Conversion
1-974 Williams Elementary School Renovation
1-973 Various Schools Roofing-Phase II
1-945 Elementary Schools Physical Education Rooms
TOTAL SCHOOL PROJECTS
APPROPRIATION
$ 1,844,000
2,415,000
128,000
159,539
5,200,000
2,194,000
250,000
400,000
625,000
165,000
425,000
500,000
600~000
$ 14,905,539
ENGINRRRING
2-021
2-072
2-075
2-079
2-036
2-816
2-833
2-837
2-903
2-962
2-006
2-039
2-055
2-081
2-600
2-820
2-831
2-925
2-936
2-989
2-007
2-037
2-083
2-810
2-929
2-983
2-946
2-980
2-984
2-945
AND~IGItWAY PROJECTS:
Roadways:
Rural Roads Improvement
Birdneck Road and Southern Boulevard
Rosemont Road-Phase IV
International Parkway Improvements
Roadway Advanced Land Acquisition
Highway Safety Improvement
First Colonial Road-Phase III
Various Cost Participation
Rudee Inlet Bridge
Pungo Ferry Road Bridge
Baxter Road-Widening
Dam Neck Road-Phase I
London Bridge Road-Phase I
TCC Offsite Access Improvements
Virginia Beach Boulevard-Phase II
Princess Anne Road-Phase III
Independence Boulevard-Phase III
Northampton Boulevard-Phase I
Ferrell Parkway-Phase IB
Rosemont Road-Phase III
Constitution Drive
Landstown Road
Independence Boulevard-Phase IIA-1
Centerville Turnpike Phase I
Virginia Beach Boulevard-Phase III
Reedtown Streets
Gracetown Streets
Seatack Streets-Phase IIA
Seatack Streets-Phase IIB
Newsome Farms Streets
Total Roadways
2-020
2-077
2-035
2-823
2-902
2-830
2-712
2-800
Stormwater:
Various Drainage Improvements
Resort Area Sand Project
Back Bay Salt Water Project
Salem Canal Improvements
North Beach Storm Drainage-Phase III
Rudee Inlet Dredging
Dredging Eastern Branch Lynnhaven River
Lynnhaven Colony Drainage
Total Stormwater
2-068
Bikeways:
Bayfront Bikeway
Total Bikeways
2-048
2-067
2-054
Resort Area Improvements:
Boardwalk Revitalization
Resort Streetscape Demonstration Project
City Gateway Project
Total Resort Area
TOTAL ENG~ING AND HIGHWAYS
300,000
325,200
2,766,250
170,000
2,332,549
200,000
17,000
125,000
1,100,000
3,665,881
600,000
733,069
806,706
50,000
746,250
69,452
3,070,886
526,800
4,312,775
1,574,984
213,798
15,000
214,737
387,136
71,600
8,233
25,800
420,991
753,125
2~750~000
28,353,222
200,000
2,000,000
96,900
600,000
75,000
460,000
91,685
68t281
3,591,866
$ 223~576
$ 223,576
300,000
402,891
553t604
1,256,495
33,425,159
BUILDING PROJECTS:
3-938 Human Resources Building Renovation
3-973 Percent for Arts Program
3-979 Municipal Facilities Site Acquisition
3-980 Farmers' Market Parking Lot
3-981 Landstown Yard Expansion
3-912 Fire Station #21-Stumpy Lake
3-942 Fire Station #l-North End
3-910 Kempsville Public Safety and Library
3-967 Correction Center Addition
TOTAL BUILDING PROJECTS
90,000
69,189
1,600,000
87,000
100,000
690,213
256,380
2,018,944
400~000
5,311,726
PARKS AND RECREATION PROJECTS:
4-939
4-919
4-940
4-935
4-801
4-944
4-945
4-926
TOTAL PARKS
Neighborhood Park Acquisition and Development
Birchwood, Malibu, Carolanne Farms
Lynnhaven Municipal Marina Renovation
Princess Anne Park Expansion
Virginia Beach Community Center/Great Neck
Virginia Beach Community Center/Southeast
Virginia Beach Community Center/Bayside
Virginia Beach Community Center/Bow Creek
AND RECREATION
TOTAL G~I~,AL ]2~PRO~
3,150,000
310,525
1,275,000
399,708
,500,000
,000,000
,000,000
~350~000
,985,223
9
10
10
3
$ 37
$ 91,627,657
WATER UTILITY PROJBCTS:
5-025
5-026
5-027
5-832
5-028
5-010
5-022
5-007
5-836
5-013
5-029
5-030
5-031
5-304
5-032
5-008
5-833
5-306
5-033
5-009
5-967
5-966
5-973
5-977
5-979
5-713
5-953
5-985
5-817
5-820
5-982
5-622
5-617
5-001
5-997
5-004
5-987
5-034
5-971
5-036
5-037
TOTAL WATER
Alanton-51% Type
Bellamy Manor-51% Type
Bells Road-51% Type
Comprehensive Water Study
Dwyer Road-51% Type
Great Neck Estates-51% Type
Great Neck Point-51% Type
Kempsville Colony-51% Type
LandstownYard Improvements
Larkspur-51% Type
Linkhorn Point-51% Type
River Road-51% Type
Shorehaven-51% Type
Small Line Improvements
Stewart Drive-51% Type
Trantwood Shores-51% Type
Various Highway Projects
Water Request and Agreement
Weaverville-51% Type
Wotfsnare Plantation-51% Type
Cavalier Park/Linkhorn Park Area
Atlantic Avenue Improvements
First Colonial Road-Phase III
Kempsville Pump Station Modification
Newtown Road
Landstown Suction
Great Neck Road-Phase II
Shore Drive
East Cape Henry Drive
Plaza Park Tank
Parliament Drive
Shipps Corner Road
Queen City
Virginia Beach Boulevard-Phase III
Credle Road
Dam Neck Tank
Alabama Road
London Bridge Road-Phase IA
Lynnhaven Parkway-Phase VII
Ferrell Parkway-Phase IC
Indian River Road-Phase IV
UTILITY
1,848,250
349,700
45,250
50,000
33,300
33,000
35,000
15,000
50,000
70,000
137,250
182,250
266,800
100,000
85,750
55,000
5O,OOO
200,000
129,450
40,000
360,000
114,000
19,650
110,000
20,000
910,000
40,000
80,000
50,000
1,000,000
85,000
155,000
158,000
20,000
7,000
165,000
76,000
120,000
7,500
7,000
10~000
7~2907150
S~%~UTILITY PROJECTS:
6-815
6-828
6-605
6-824
6-316
6-932
6-928
6-929
6-315
6-934
6-935
6-942
6-945
6-925
6-937
6-952
Infiltration, Inflow and Rehabilitation
Landstown Yard Improvements
Pump Station Modifications
Various Highway Projects
Various Sewer Projects
Lakeview Park
Cavalier/North Linkhorn Park
Elizabeth River Shores
Queen City
Bay Colony
Broad Bay Colony
Great Neck Point
Larkspur
Atlantic Avenue Improvements
Aragona Rehabilitation
Lakeside Drive and Poplar Point Drive
300,000
50,000
300,000
10,000
362,000
174,000
688,000
357,000
559,683
357,000
1,369,300
233,000
1,020,000
600,000
367,000
197,000
SEWER UTILITY PROJECTS: (concluded)
6-938 Princess Anne Plaza Rehabilitation
6-970 Virginia Beach Boulevard-Phase III
6-939 Comprehensive Sewer Study
6-964 Baxter Road
6-975 Deerwood Trace Force Main
6-977 Haygood Road
6-978 Indian River Road-Phase IV
TOTAL SEWERUTILITY
TOTAL WATER AND SEWER
TOTAL APFROPRIATIONS
$ 150,000
20,000
200,000
590,000
160,000
86,000
10~000
$ 8,159,133
$ 15,450,133
$ 107,077,790
To be funded from the following sources:
Source
General Appropriations
Lease Purchase Financing
SPSA Contribution
1987 Charter Bonds
1987 Referendum Bonds - Recreation Centers
1988 FY Revenue Sharing
Federal Contribution
Water and Sewer Fund
Revenue Bonds
TOTAL
23,663,045
690,213
2,866,250
24,800,000
32,850,000
4,000,000
2,758,149
9,950,133
5~500~000
107,077,790
Amounts appropriated above amend any 1987 - 1988 fiscal years alloca-
tions previously authorized in the FY 1987 - FY 1988 Operating Budget adopted by
the City Council on May 14, 1987. The appropriations which are supported by 1987
referendum bonds are subject to voter approval prior to final appropriation.
Section 4. The capital project funds appropriated in prior fiscal
years are to be reallocated in accordance with said Capital Improvement Program
as follows:
ROADWAYS AND STOI~4WATER PROJECTS:
TRANSFER TO:
2-034 Pavilion Drive South
2-036 Roadway Advanced Land Acquisition
2-064 Independence Boulevard-Phase IIA
2-070 Northampton Boulevard-Phase II
2-082 Independence Boulevard-Phase IIA-1
3-933 Landfill #2-Expansion
$ 17,463
956,973
792,790
77,490
850,000
33~553
$ 2,728,269
TRANSFER FROM:
2-061 Lynnhaven Parkway-Phase VII
2-063 Ferrell Parkway-Phase IC
2-406 Diamond Springs Road
2-804 North Beach Storm Drainage-Phase II
2-834 Princess Anne/Kempsville Intersection
2-937 Hilltop Loop (Southwest)
151,181
870,280
47,746
850,000
739,910
69~152
2,728,269
RESORT PRO(~:
TRANSFER TO:
2-049 Resort Streetscape Improvements
TOTAL TRANS~ TO:
TRANSFERS FROM:
2-057 Ocean Walk
2-058 Rudee Walk
TOTAL TRANSFERS FROM:
60~000
60,000
40,000
20~000
60,000
WATER AND SEWER PROJECTS:
TRANSFER TO:
5-966 Atlantic Avenue Improvements
6-316 Various Sewer Projects
6-930 Lynnhaven Acres
6-937 Princess Anne Plaza Rehabilitation
TOTAL TRANSFERS TO:
TRANSFER FROM:
5-837 Recreation Drive/South Lynnhaven Parkway
5-950 Virginia Beach Boulevard-Phase I
5-990 Virginia Beach Boulevard-Phase II
6-807 01d Dam Neck Road
6-809 Salem Road
6-825 Virginia Beach Boulevard-Phase I
6-917 Holland Road-Phase IV
TOTAL TRANSFERS FROM:
386,000
308,132
50,000
200~000
944~132
158,000
220,000
38,000
100,000
100,000
198,132
130~000
944,132
Section 5. That additional appropriations and the addition of capital
projects shall not be initiated except with the consent and approval of the City
Council first being obtained.
Section 6. That the restriction with respect to the expenditure of
funds appropriated shall apply only to the totals for each project class.
Ail contracts awarded for approved and appropriated capital projects,
exclusive of school projects, must be certified as to the availability of funds
by the Director of Finance prior to the initiation of work on the contract.
Section 7. That this ordinance shall be in effect from and after the
date of its adoption.
Section 8. That if any part or parts, section or sections, sentences,
clauses, phrases of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
FIRST READING:
SECOND READING:
Adopted by Council of the City of Virginia Beach, Virginia on the
day of , 1987.
- 59 -
Item IV-J.6.a.
ORDINANCES
~TF~4 # 28OO5
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADO?TED:
Ordinance to AMEND and REORDAIN of the Code of the
City of Virginia Beach:
Section 18-55.1 pertaining to
Prerequisite for Tow Truck Services;
Insurance
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
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APPROVED AS TO CONTE?qT$
/ AN ORDINANCE TO /~END AND REORDAIN
SECTION 18-55.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, PERTAINING
TO INSURANCE PREREQUISITE FOR TOW
TRUCK SERVICES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-55.1 of the Code of the City of
Virginia Beach is hereby amended and reordained to read as
follows:
Section 18-55.1. Insurance prerequisite for tow truck services.
Every tow truck service as defined in section 21-419,
shall p~v~e submit a certificate of insurance as proof of
insurance coverage, (a) upon application for a business license
or, (b) upon renewal of its current business license or within
sixty (60) days of the date of the adoption of this section,
whichever occurs first, as a condition precedent to being issued
a new business license, o__r to having its current business license
renewed or to being permitted to continue operating beyond sixty
(60) days from the date of the adoption of this section. The
required insurance coverage shall be of types and amounts
indicated below and shall be approved by the city manager or his
duly authorized agent:
(1) Garage liability insurance/auto liability insurance:
$500,000.00 combined single limits.
(2) Cargo insurance: M~m~m-~-~?888~8~ Tow vehicles up to
17,500 pounds vehicle weight -- Minimum of ~50,000.00.
Tow vehicles over 17,500 pounds vehicle weight -- Minimum of
$300,000.00.
(3) Garagekeeper's legal liability insurance: Minimum of
e e?eee=ee $50,000.00.
Such insurance shall be in full force and effect at all
times, and the city manager shall be given at least thirty (30)
days' notice of any cancellation or material modification of
coverage. Failure of a tow truck service to carry the required
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insurance shall result in revocation of its business license in
addition to other penalties which may be prescribed by this code.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of September , 1987.
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Item IV-J.6.b
ORDINANCES
ITEM # 28006
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN of the Code of the
City of Virginia Beach:
Sections 21-378, 21-422, 21-423, 21-424, 21-426,
21-427 and 21-429 pertaining to Tow Trucks.
Voting: 7-0* 10-0'
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
*Barbara M. Henley, Reba S. McClanan and Vice Mayor
Meyera E. Oberndorf VOTED A VERBAL NAY on sections
#41-422(a)/#21-426(a), AYE ON ALL OTHER SECTIONS.
Council Members Absent:
Nancy K. Parker
Seotember 1~. 1987
Form No CM 5 Rev
CITY OF VIRGINIA BEACH
AGENDA REQUEST
CONII~OL NO
To:
The Honorable Mayor
Members of the Council
Thomas H, Muehlenbeck
City Manager
SublectAmending Secs. 21-378, -422,
-423, -424, -426, -427 & -429
Pertaining to Tow Trucks
AGENDAON: September 14, 1987
NATURE OF ITEM:
~Zoning/Use Permit Contract
Transfer/Appropriation; 1 st/2nd. Reading
X Other Ordinance
BUDGET SECTION: Amount $
Funding Source:
Recommendation
Signature
HISTORY:
Additional amendment of City ordinances pertaining
vehicles without authorization of the owner or custodian is
minimize abuses by towing service operators.
Changes were requested by Councilwoman Reba McClanan.
to towing of private
deemed necessary to
FACTS/DISCUSSION/OPTIONS:
stated below:
The following amendments are proposed, for reasons as
21-378(g): Addition of this section codifies the present practice by the Police
Department of ~tilizing only competent towing services in good standing for Police-
ordered towing.
2~-422(a) & 21-426(a) and (b): Amendments would increase the maximum fee which can be
charged to $40.00 (day) and $50.00 (night), in recognition of increased costs of
equipment, labor, and insurance, and authorize a higher fee for towing very large
vehicles. (These changes parallel the Norfolk Code as recently amended.)
21-423(a).: This new provision imposes on both the driver and operator/owner the
responsibility for ~he tow truck service possessing a valid business license.
21-424: Added language permits an operator to charge a fee of $15.00 if the vehicle
has actually been hooked up prior to arrival of the owner/custodian.
21-426(b): Change would increase the daily storage rate to $5.00 ($15.00 for large
vehicles), in view of increased costs of security, tax increases, and labor costs.
21-427(e).: This amendment makes it an offense for a driver to deposit a towed vehicle
in an unlicensed or nonconforming storage yard, or for any person to impound or store
such a vehicle therein.
21-429{I~): Additional language permits owner or custodian of a towed vehicle in
storage to remove personal items therefrom if he is unable to reclaim the vehicle at
that time. ("Currently licensed" is used in this amendment to distinguish wrongfully
parked vehicles from abandoned vehicles picked up for salvage and disposal).
21-429(11): (Requested by Police Department) Addresses recently reported practice of
tow truck services assessing additional charges when vehicles are reclaimed.
Recommended Action: Council
Action:
Date:
D/ACM:
SIGNATURE
DEPARTMENT
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SECTIONS 21-378, 21-422, 21-423,
21-424, 21-426, 21-427, AND 21-429
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, PERTAINING TO TOW TRUCKS.
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-378, 21-422, 21-423, 21-424, 21-426,
21-427, and 21-429 of the Code of the City of Virginia Beach is
hereby amended and reordained to read as follows:
Section 21-378. Removal, storage and sale of certain unattended
vehicles - Generally.
(a) Whenever any motor vehicle, trailer or semitrailer
is found on the public streets or public grounds unattended by
the owner or operator and constitutes a hazard to traffic or is
parked in such manner as to be in violation of law, or whenever
any motor vehicle, trailer or semitrailer is left unattended for
more than ten (10) days upon any public property or privately
owned property, other than the property of the owner of such
motor vehicle, trailer or semitrailer, within the city, or is
abandoned upon such public property or privately owned property,
without the permission of the owner, lessee or occupant thereof,
any such motor vehicle, trailer or semitrailer may be removed for
safekeeping, by or under the direction of a police officer, to a
storage garage or area; provided, however, that no such vehicle
shall be so removed from privately owned premises without the
written request of the owner, lessee or occupant thereof.
(b) The person at whose request motor vehicle, trailer
or semitrailer is removed from privately owned property pursuant
to this section shall indemnify the city against any loss or
expense incurred by reason of the removal, storage or sale
thereof.
(c) For the purposes of this section, it shall be
presumed that a motor vehicle, trailer or semitrailer or part
thereof is abandoned, if it lacks 'either a current state license
plate, a current county, city or town plate or sticker or a valid
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state inspection certificate or sticker and has been in a
specific location for ten (10) days without being moved.
(d) Each removal under this section shall be reported
immediately to the chief of police, who shall give notice to the
owner of the motor vehicle, trailer or semitrailer as promptly as
possible. The owner of such vehicle, trailer or semitrailer,
before obtaining possession thereof, shall pay to the city all
reasonable costs incidental to the removal, storage and locating
the owner of the vehicle, trailer or semitrailer. Should such
owner fail or refuse to pay the costs or should the identity or
whereabouts of such owner be unknown and unascertainable, after a
diligent search has been made and after notice to him at his last
known address and to the holder of any lien of record in the
office of the division of motor vehicles in Virginia against the
motor vehicle, trailer or semitrailer, the chief of police may,
after holding the motor vehicle, trailer or semitrailer forty
(40) days and after due notice of sale, dispose of the same at
public sale and the proceeds from the sale shall be forwarded by
the chief of police to the city treasurer; provided that, if the
value of such motor vehicle, trailer or semitrailer is determined
by three (3) disinterested dealers or garagemen to be less than
one hundred fifty dollars ($150.00), which would be incurred by
such advertising and public sale, the vehicle may be disposed of
by private sale or junked. The treasurer shall pay from the
proceeds of sale the cost of removal, storage, investigation as
to ownership and liens and notice of sale, and the balance of
such funds shall be held by him for the owner and paid to the
owner upon satisfactory proof of ownership.
(e) If no claim has been made by the owner for the
proceeds of a sale under this section, the remaining funds may be
deposited to the general fund or any special fund of the city.
Any such owner shall be entitled to apply to the city within
three (3) years from the date of such sale, and if timely
application is made therefor, the city shall pay the same to the
owner, without interest or other charges. No claim shall be made
nor shall any suit, action or proceeding be instituted for the
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sign, but must be adjacent to the primary sign containing the
information required by this section. The provisions of
subsection (a) above shall be applicable to parking facilities of
apartment houses, condominiums and nonprofit organizations.
(c) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the city, unless such land or
property is properly signed in accordance with this section.
Section 21-423. Business license requirements; identification
of tow trucks.
a. No tow truck service or operator shall remove any
vehicle from public or private property unless the tow truck
service possesses a valid business license issued in accordance
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with chapter 18 of this code.
b. Ail tow trucks operated by a tow truck service
shall display the name, address and telephone number of the owner
thereof on both sides of the tow truck on permanently mounted
signs or painted directly on the body of the truck in
reflectorized letters large enough to be readily legible, but in
no case less than two (2) inches in height. It shall be unlawful
to operate a tow truck displaying an incorrect name or address,
or a telephone number which is incorrect or not in service.
Section 21-424. Release of vehicle to owner or custodian prior
to towing.
If the owner or custodian of any vehicle not authorized
to be parked in a private lot returns after a tow truck service
has arrived but before the vehicle has been towed from the
private lot, he may reclaim the vehicle whether or not it is
fully hooked up to the tow truck and it shall be unlawful for the
tow truck service or operator to refuse to release the vehiclevi
however, if the vehicle has been hooked up or is in the process
of being hooked up, the tow truck operator may charge a fee not
to exceed $15.00 to release the vehicle.
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Section 21-426. Charges for towing and storage of vehicle.
(a) No tow truck service or operator operating within
the city shall charge a basic fee of more than
~$~8~88~ forty dollars ($40.00) for towing between the hours of
7:00 a.m. and 7:00 p.m. or ~y-~t~ax~-~)-.~SJ fifty dollars
($50.00) for towing between the hours of 7:00 p.m. and 7:00 a.m.;
provided that, an additional fee, for the use of a dolly, not to
exceed ten dollars ($10.00) may be charged, where the use thereof
is necessary to move the vehicle or prepare it for movement. For
vehicles exceeding 20,000 pounds gross weight a fee not to exceed
seventy five dollars ($75.00) may be charged for towing. This
subsection shall apply only when a vehicle is moved or towed
without the prior consent and agreement of the owner or custodian
of the vehicle. This provision shall not serve to prevent
charging prevailing commercial rates when heavy towing equipment
is employed to remove a ~a~e-~r uniquely positioned vehicle,
provided that prior to movement of such vehicle a police officer
shall certify the need for such heavy equipment.
(b) No tow truck service or operator shall assess any
charges for storage for the initial twenty-four (24) hours, nor
charge more than f~-~%~-lq~--~7+.-~ five dollars ($5.00) per
twenty-four-hour period thereafter, for a any vehicle of 20,000
pounds or less, gross weight removed from private property
without the consent of the owner or custodian of the vehicle,
whether such tow originates in this city or any other
jurisdiction. For vehicles over 20,000 pounds gross weight, a
storage fee not to exceed fifteen dollars ($15.00) ~er twenty-
four (24) hour period may be assessed after the first twenty-four
(24) hours. Delays caused by storage yard personnel shall not be
included when computing storage charges.
(c) No tow truck service or operator shall charge any
fee for mileage, in addition to the basic towing fee set forth in
subsection (a) above, when the vehicle is being taken without the
consent of the owner or custodian of the vehicle.
(d) A monetary receipt for each and every tow must be
given to those persons whose vehicles have been towed by the
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towing service upon release of the vehicle. The information on
the receipt must be clearly legible and include the time, date
and place of the tow, the name of the tow truck operator who made
the tow and the name of the towing service said operator works
for. The receipt must also list the amount of money paid for the
release of the vehicle, any additional charges incurred in the
tow, and the reason for said additional charges. A copy of the
receipt must be retained by the towing service for a period of
one (1) year and shall be made available for inspection by city
police or the commissioner of revenue during normal business
hours of the tow truck service owner.
Section 21-427. Requirements for storage yard.
(a) At the storage yard of each tow truck service,
there shall be a sign prominently displayed specifying tow and
storage rates.
(b) If an attendant is not on duty twenty-four (24)
hours a day, seven (7) days a week, to return vehicles upon the
payment of towing and storage charges, the sign provided for in
subsection (a) hereof shall also contain a telephone number where
the owner, manager or attendant of the tow truck service storage
yard may be reached at any time so that a towed vehicle may be
reclaimed by its owner in a minimum amount of time, not to exceed
two (2) hours.
(c) Each tow truck service storage yard shall provide
reasonable security and protection for all vehicles towed,
whether such tow originates in this city or any other
jurisdiction, including illumination of the storage area during
hours of darkness, and including a fence enclosing the storage
yard if an attendant or security guard is not on duty twenty-four
(24) hours a day, seven (7) days a week.
(d) During the hours of darkness the operator shall
provide an area sufficiently illuminated to enable an owner to
inspect a vehicle prior to removing it from the storage yard.
(e) It shall be unlawful to operate any tow truck
service storage yard or to deposit, impound or store any towed
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vehicle therein, unless said yard is in full compliance with the
sign, security and lighting requirements of this section and with
all applicable zoning regulations, licensing requirements and us,'.
permits, established by this code.
Section 21-429. Miscellaneous prohibited acts by tow truck
service or operator.
Except when acting as an agent in the legal
repossession of a vehicle, it shall be unlawful for any tow truck
service or operator to:
(1) Tow or otherwise move a vehicle from any area or
portion of a public street, without either the consent
of the owner or custodian of the vehicle or
authorization from a police officer or other designated
official of the city.
(2) Block the movement of or tow or otherwise move a
vehicle from any private road, driveway or any other
privately owned land or property within the city,
except when requested to do so by the owner or
custodian of the vehicle; unless specifically requested
to perform such towing service by the owner or his
agent or licensee (other than the owner, employee or
agent of the wrecker and towing service) of the private
property on which the vehicle is parked.
(3) Tow or otherwise move a vehicle from any private road
or driveway, or from any other privately owned land or
property within the city to a place out of the city,
without the consent of the owner or custodian of the
vehicle; provided that, after a period of not less than
twenty-four (24) hours from the time of the request for
removal has elapsed, any such vehicle may be moved to a
storage area outside the city, with prior notification
to and approval of the police department.
(4) Block the movement of any vehicle, other than when on
the property of the tow truck service, to prevent the
movement thereof by its owner or custodian who has
appeared and desires to move the vehicle.
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(5) Drive a wrecker or tow truck along any street to
solicit towing or engage in cruising to patrol or
police private property or to wait for employment by
standing or parking on public property.
(6) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this code.
(7) Provide false information to any police dispatcher
concerning any vehicle towed.
(8) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a
vehicle. Any delay over two (2) hours caused by
failure to monitor or respond to calls placed to the
operator's designated telephone number shall constitute
a violation of this section.
(9) Move any vehicle to any intermediate place of storage,
or to any location other than to the registered secure storage
yard of a tow truck service, unless specifically requested by the
owner or custodian of said vehicle.
..(10) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle for the
purpose of removing personal items, whether or not the owner or
custodian is then able to reclaim the vehicle.
(11) Assess any charge or fee in excess of, or in addition
to, those authorized by this Code.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the l~th day of September , 1987.
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Item IV-K.1.
CONSENT AGENDA
ITEM 28007
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 62 -
Item IV-K.1.
CONSENT AGENDA
ITEM # 28008
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution requesting the General Assembly to
designate certain portions of waterways within
Virginia Beach as scenic rivers.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
RESOLUTION REQUESTING THE GENERAL ASSEMBLY DESIGNATE
CERTAIN PORTIONS OF WATERWAYS WITHIN VIRGINIA BEACH
AS "SCENIC RIVERS"
WHEREAS: Section 10-167, et seq, provides for waterways of the
Commonwealth that meet certain criteria to be designated as scenic, wild, or
recreational rivers; and
WHEREAS: The City at the request of the Council has been working
with staff of the appropriate state agencies for many months to examine the
suitability of rivers in Virginia Beach for scenic river status; and
WHEREAS: The Department of Conservation and Historic Resources,
Division of Parks and Recreation, evaluate portions of several rivers in the
City and found that they qualified for scenic river designation; and
WHEREAS: This designation would assist the Council in preserving
the natural beauty of these waterways, while guaranteeing the current uses
of these waterways.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH: That the Delegation to the Virginia General Assembly from
the City of Virginia Beach is requested to introduce legislation designating
as "scenic rivers" the:
1. North Landing River from the North Carolina line to
the bridge at North Landing Road (Route 165);
2. Pocaty River from its junction with North Landing
River to the Blackwater Road bridge;
3. Blackwater Creek from the junction with the North
Landing River to the confluence (approximately 4.2
miles) of an unnamed tributary 1.75 + miles west of
Blackwater Road; --
4. West Neck Creek from its junction with North Landing
River to the Indian River Road bridge.
AND BE IT FURTHER RESOLVED that the City Council is appreciative
of the efforts of the Virginia Division of Parks and Recreation in assisting
the City in its efforts toward designation of these waterways as scenic
rivers.
Adopted by the Council of the City of Virginia Beach on the Fourteenth day
of September, 1987.
t'.
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Item IV-K.2
CONSENT AGENDA
ITEM # 28009
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution to provide Health Care Coverage to
Virginia Beach City Employees who retire prior to
age 65 with at least 25 years of service credit.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
A RESOLUTION TO PROVIDE HEALTH CARE COVERAGE
TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE
PRIOR TO AGE 65 WITH AT LEAST 25 YEARS OF SERVICE CREDIT
WHEREAS, City Council adopted a resolution on December 16,
1985 to provide health care coverage through a Health Maintenar~ce
Organization to preage 65 retired employees who retired after
June 30, 1986 with 25 years of service and
WHEREAS, it is the desire of City Council to extersd coverage
to preage 65 employees who retired prior to Ju~e 30, 1986 with 25
years of service, and
WHEREAS, it is felt the retiree should be allowed a choice
of coverage in any of the plans offered by the city and
WHEREAS, it is expected that these changes will affect a
maximum of ten retirees.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF' THE CITY OF
VIRGINIA BEACH, VIRGINIA that City staff make provisions to
cor, tinue health care coverage to City employees who retire before
age 65 with 25 years of service credit through a city sponsored
health plan, ur~til they reach age
coverage provided to City employees.
Adopted by the Council of
Virginia on the _.~_
65, or~ the same basis as
the City of Virginia Beach,
day of September
........................... , 1987.
- 64 -
Item IV-K.3
CONSENT AGENDA
ITEM # 28010
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia,
pertaining to bird sanctuaries (Timberlake).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
Requested by Councilwoman Reba McClanan
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-31 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO BIRD SANCTUARIES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-31 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 5-31. Established; purpose.
The following described areas in the city are hereby
declared to be bird sanctuaries for the protection of all birds:
(1) North Thalia in Kempsville Borough:
Beginning at a point in the center
of Thalia Creek on the north side
of U.S. Route 58 (Virginia Beach
Boulevard); thence in a northerly
direction following the center of
Thalia Creek to the merger of
Thalia Creek, the western branch of
Lynnhaven River and Buchannan
Creek; thence in an easterly
direction along the center of
Buchanan Creek (Lynnhaven and
Kempsville Borough line) to the
northeast boundary of Thalia
Shores; thence in a southerly
direction along the Lynnhaven and
Kempsville Borough line to a point;
thence along the borough line in a
westerly direction approximately
twelve hundred (1200) feet, more or
less, to a point; thence along the
borough line in a southerly
direction to the north side of U.S.
Route 58 (Virginia Beach Boulevard)
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58
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and Route 1192 (West Brook Road);
thence in a westerly direction
along U.S. Route 58 to the point of
beginning.
(2) Chesopian Colony in Lynnhaven
Borough: Beginning at a point in
the center of Pine Tree Branch on
the north side of U.S. Route 58
(Virginia Beach Boulevard); thence
in a northerly direction following
the center of Pine Tree Branch to
the merger of Pine Tree Branch, the
eastern branch of Lynnhaven River
and London Bridge Creek; thence in
a southeasterly direction along the
center of London Bridge Creek to
U.S. Route 58 (Virginia Beach
Boulevard); thence along the north
side of U.S. Route 58 in a westerly
direction to the point of
beginning.
(3) The subdivisions known as Kings
Grant, Alanton, Kings Forest,
Malibu, Birchwood Gardens,
Lynnhaven Acres, Cape-Story-By-The-
Sea, Bay Island and Trantwood
Shores in the Borough of Lynnhaven
and Nottingham Estates, Laurel Cove
and Aragona Village in Bayside
Borough.
(4) All that certain area located in
Lynnhaven Borough, including, but
not limited to those subdivisions
known as Wolfsnare Plantation,
Southern Points, Robin Hood Forest
and Great Neck Estates, and being
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more particularly described as
follows: Beginning at a point in
the center of Wolfsnare Creek on
the western side of Great Neck
Road; thence in a westerly
direction following the center line
of Wolfsnare Creek to the merger of
Wolfsnare Creek and the eastern
branch of the Lynnhaven River;
thence in a northerly direction
along the center line of the
eastern branch of the Lynnhaven
River to the merger of the center
line of the eastern branch with
Inlynnview Road extended; thence,
in an easterly direction and
running parallel to Robin Hood
Road, down the center of Inlynnview
Road to the intersection of
Inlynnview Road and Five Points
Road; thence in a northerly
direction, down the center of Five
Points Road to the point of
intersection of Five Points Road
and Rose Hall Drive; thence in an
easterly direction, down the center
of Rose Hall Drive to the
intersection of Rose Hall Drive
with Great Neck Road; thence in a
southerly direction and traveling
along the western right-of-way line
of Great Neck Road to the point of
merger of the center line of
Wolfsnare Creek with the western
right-of-way line of Great Neck
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Road, said point being the point of
beginning.
(5) Ail that certain area bounded on
the north by Shore Drive, on the
south by Long Creek, on the west
by Great Neck Road and on the east
by the subdivision known as Cape-
Story-By-The-Sea.
(6) The subdivisions known as Lakeview
Shores, Lake Smith Terrace, Lake
Smith Terrace-West, Thoroughgood,
Thoroughgood Estates, Lake Shores,
Bayville Park, Baylake Pines and
Baylake Beach in Bayside Borough.
(7) All that certain area located in
Princess Anne Borough being
described as follows: From the
intersection of the center line of
Hell Point Creek and Tabernacle
Creek to its intersection with the
center line of Muddy Creek to its
termination at North Bay, then
northwardly along the center line
of Hell Point Creek to the point of
origin.
(8) The subdivisions known as Lake
James, Kempsville Heights, Point-
of-View, Arrowhead, Carolanne
Farms, Huntington, Fairfield,
Kempsville Manor, Kempsville
Gardens, Lark Downs, Larkspur,
Kempsville Colony, Bellamy Manor,
Acredale, Reverton, Lakeville
Estates, Timberlake and Stratford
Chase in Kempsville Borough and
Fawn Village at Indian Lake.
4
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(9) Ail that certain area located in
Princess Anne Borough being
described as follows: From the
center line of North Landing Road
easterly five hundred (500) feet
and westerly five hundred (500)
feet and running parallel to North
Landing Road from the south line of
Indian River Road to the Chesapeake
City boundary line on the
Intercoastal Waterway.
(10) The subdivision known as Lago-Mar
in Princess Anne Borough.
(11) The subdivision known as Green Run
in Princess Anne Borough.
(12) The subdivisions known as Pembroke
Meadows, Pembroke Manor, Witchduck
Point and Witchduck Bay in Bayside
Borough.
(13) The subdivision known as Lynnhaven
Colony.
(14) All that certain area known as
Chesapeake Beach in the Bayside
Borough of the city; said area is
bounded on the south by Shore
Drive, bounded on the north by
Chesapeake Bay, bounded on the west
by Little Creek Amphibious Base,
and bounded on the east by the
subdivision known as Baylake Pines.
All that certain area known as
Princess Anne Plaza in the
Lynnhaven and Princess Anne
Boroughs of the city; said area is
bounded on the north by the
Virginia Beach toll road, bounded
(15)
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(16)
(17)
on the west by Rosemont Road,
bounded on the south by Holland
Road and Lynnhaven Parkway, and
bounded on the east by Lynnhaven
Parkway.
All that certain area known as
Wolfsnare in the Lynnhaven Borough
of the city; said area is bounded
on the east by First Colonial Road,
on the north by the Northern Branch
of Wolfsnare Creek, on the west by
Great Neck Road, and on the south
by the southern branch of Wolfsnare
Creek, Regency Apartments, and
Laskin Road; to include the
subdivision of First Colonial
Estates, Camden Estates, Glouster
Village, Hilltop Manor, Wolfsnare
Acres, Washington Square and Woods
of Washington Square.
All that certain area known as Lake
Placid in the Princess Anne
Borough.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of September , 1987.
JDB/epm
09/09/87
CA-02434
\ordin\proposed\05-031.pro
- 65 -
Item IV-K.4.
CONSENT AGENDA
ITEM # 28011
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $20,694 in
State Grants into the FY 87-88 Operating Budget of
the Library Department.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
AN ORD~qANCE TO APPROPRL~TE AND ACCEPT $20,694
TN STATE ~ ]~qTO TIlE FY 87-88 OPERATING
BUllET OF THE LTBRARY DEPAR~
W~, the Virginia Library Services and Construction Act, Title I,
provides the opportunity for additional state funding for certain programs by
means of special grants, and
W~, the Library Department has received permission to apply for grant
funding under two (2) of the state approved programs, The Subregional Library For
The Blind And Physically Handicapped Grant and The Literacy Grant, and
W~, the state has accepted the applications and approved grant funding
for the Library Department's programs totaling $20,694.
VIRGINIA, that
And Physically
Literacy Grant,
NOW, T~OI~. BR IT ORDAIN-RD BY T~ COUNCIl. OF T~ CITY OFVIRGINIABF~CH,
$14,694 made available from the Subregional Library For The Blind
Handicapped
be accepted
of the Library Department.
Grant, and that $6,000 made available from The
and appropriated into the FY 87-88 operating budget
This ordinance shall be in effect from the date of its adoption.
Adopted this day of September, 1987, by the Council of the City of
Virginia Beach, Virginia.
Date of first reading:
Date od second reading:
Septmmh~r 14, lq87
September 21, 1987
SWJ/LIBGRANT.ORD
~PPROV£O AS TO CONTENTS
SIGNATURE
DEPARTMENT,
APPROVED A.c, TO LEGAL
surFl~,~bi~¢C~¥' AND
VIRGINIA BEACH PUBLIC LIBRARY
LIBRARY SERVICES AND CONSTRUCTION ACT, TITLE I - GRANT PROPOSAL
SUBREGIONAL LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED
NEEDS STATEMENT
The Virginia Beach Subregional Library for the Blind and Physically
Handicapped serves 874 individual readers and 78 deposit collections
located in hospitals, nursing homes, convalescent centers, residential
complexes for t~e elderly/handicapped, and public, private and special
schools. It provides a wide range of library services and equipment for
mail and walk-in patrons: special format books, reference materials,
referrals, magnifiers, reading aids, Kurzweil Reading mac~ine training,
Optacon 'assistance, TDD (telecommunications device for deaf), a braille
course taught by a volunteer, braille thermoform copying, etc. The
Subregional area includes the Cities of Virginia Beach, Norfolk, Ports-
mouth, Chesapeake, Suffolk and Franklin, and the Counties of Accomac, Isle
of Wight, Northampton and Southampton. During the past fiscal year, the
Library circulated 28,370 talking books on disc and cassette tape, 23,025
large print books and 1,076 braille materials.
In fulfillment of a Library Department goal of freedom of access to infor-
mation and materials for all residents, this proposal focuses upon the
special needs of handicapped readers, many of whom are elderly or home-
bound. After interviewing patrons and consulting with staff members from
City and State Human Services departments and agencies which serve the
disabled, t~e Library has ascertained that tl~e greatest local deficiencies
are:
A. Lack of awareness of the services that are available for the
handicapped.
B. Lack of governmental, safety, emergency and consumer information in a
format usable by print-handicapped readers.
Subregional staff members answer or refer an average of 30 - 40 questions
per week regarding the provision and/or location of activities, facili-
ties, local programs for the disabled, rights of the handicapped, where
and how to find assistance and accessibility. These and many related
requests come from handicapped individuals, their families, teachers, etc.
The Library has 48 registered braille readers in our service area (pro-
fessional people, homemakers, students, etc) many of whom live alone.
T~ese people have a variety of needs for information in braille and/or
recorded formats. Their transcribing requests to us have included lesson
plans for teachers, Red Cross/Navy Manuals and legal documents, and
microwave oven instructions. The Library has reproduced in braille and on
audio cassettes voter registration pamphlets, hurricane/tornado informa-
tion, program notes and schedules for City-sponsored presentations,
minutes from the Mayor's Committee on the Handicapped meetings, Virginia
Beach City Council Agendas (weekly) and a few Consumer Bulletins.
The Subregional has attempted to remedy this unmet need by reproducing
City-government documents and information in formats appropriate to
disabled readers. However, the existing staff anO volunteer braillists
cannot respond in a timely manner to the multitude of requests received
for transcribing or recording. The Library does not have the personnel or
time to transcribe, proofread, collate and disseminate or tape record,
duplicate and mail many items that would be valuable to its users.
The Library has not been able to produce a long-overdue special format
Subregional Newsletter to inform its individual patrons, deposit col-
lections and other service agencies about Subregional Library, Network,
and area news, projects and events.
2. Project Goals
A. To inform visually handicapped people about the community services
available to them.
B. To expand the Library's commitment to include the handicapped in
Library Department and City programs and activities.
C. To insure that non-print readers have equal access to area information
and governmental documents.
To provide the print-handicapped with information about the existence
and location of local specialized services, activities and facilities
that are usable by disabled persons, or geared to their individual
disabilities.
3. Project Objectives
To produce a Newsletter in large print, braille and cassette tape
formats. This Newsletter will include Subregional Library news,
excerpts from National Library Service for Blind and Physically
Handicapped Network Bulletins, local and State public service infor-
mation, and a request list/suggestion sheet for service users to
complete and return to the Library. The Subregional Newsletter will
be mailed to individual clients, to deposit collections and to other
agencies serving the handicapped.
To braille transcribe and thermoform copy the following items for the
use of registered individual readers and for agencies with blind
employees/services users:
City Council Agendas (now brailled for Virginia Beach only) for
Norfolk and Portsmouth for which the Library has received
requests, but have been unable to comply.
2. Update emergency and safety information (hurricane, fire, tornado,
etc.).
3. Voter registration information for all areas served.
-2-
4. Minutes of the Mayor's Committee on Handicapped for all major
Tidewater cities as needed.
Informative brochures distributed by City Human Services
Departments.
6. Consumer Bulletins, Parks and Recreation Department schedules and
program notes.
C. To record on cassette tape and duplicate the above information, except
for the City Council Agendas.
D. To thermoform copy existing braille masters of pertinent local
materials and mail to the Library's readers.
4. Methods and Materials
A. Methods - In order to attain the Library's stated .goals and objec-
tives, we propose to use tn, following methods:
Establish a part-time (24 hours per week) Library Technician
(braille) position. The Library is requesting LSCA Title I funds,
amount of $8,664.19, to pay salary and benefits for the duration
of the grant. See attached Job Statement, Section 6, STAFF.
In order to assure that visually handicapped people will be made
aware of this job opportunity, the Library will publicize it
through the local Virginia Association for the Blind Information
Line, send braille letters to clients and advertise through
established City procedures.
The Special Services Coordinator and Library Supervisor will
interview applicants, select a person to fill the position, and
provide orientation and training.
e
During the initial period, braille transcribing will consist of
fulfilling backlog requests and regularly produced "dated" items,
such as City Council agendas.
Excerpts from NLS Network Bulletins, public service/consumer
information, pamphlets from other City Human Services Departments
and other local sources will be compiled for inclusion in the
Subregional Newsletter or for braille transcription and will be
circulated to clients.
Volunteers will tape record the Subregional Newsletter and
pamphlets. The Technician will duplicate the tapes and mail to
clients.
e
The City Clerks of Norfolk, Portsmouth and Chesapeake will be
contacted. The Library will explain its project and inform them
about requests it has received from their residents for special
format materials. It will offer to braille transcribe their City
Council Agendas.
-3-
A Subregional Newsletter will be produced at least twice during
the grant period in large print, braille and cassette tape. A
request/suggestion sheet (with printed Library address for
postage-free return) will be attached to the Subregional News-
letter. This sheet will list the existing special format
emergency/consumer/City materials t~at can be requested from t~e
Library. Also, space for client suggestions for additional texts
or subject matter they wish to have transcribed will be included.
There will also be a check-off list of service needs, i.e., new
needle, machine repair, more books, etc.
The responses from the Subregional Newsletter request sheet will
be tabulated and used as a basis for determining client interest
in the project, informational items selected for brailling/recor-
ding, prioritizing the Library's work and deciding how often a
Subregional Newsletter should be produced.
10. Brailled Subregional Newsletters and information packets may be
retained by clients. The cassette taped Subregional Newsletters
must be returned to the Library before the next recorded Sub-
regional Newsletter will be mailed.
B. ~qaterials -
The Library is requesting a total of $650.00 to supplement pre-
viously budgeted funds for printing/copyin§ supplies, and for
braille and braillon paper.
The Virginia Beach Subregional Library will provide the Perkins
~raillers, Kurzweil Reading machine, Optacon, braille thermofrom
copier, audio tape duplicator, computer wit~ Braille-Edit soft-
ware, print-printer and Draille printer for use by the project
Tecnnician. A voice synthesizer, for use with a computer, has
been included in the Library's FY 1987-88 budget request.
Cassette taped information will be checked out for a one month
period and must be returned to the Library for recirculation
and/or reuse of tapes.
Evaluation
Informal evaluation will be provided on an on-going basis by the Special
Services Coordinator, the manager of the Virginia Beach Subregional
Library.
The Virginia Beach Public Library Director, the Assistant Director and the
Special Services Coordinator will formally evaluate this project based on
the following:
A. The production (in large print, braille and audio cassette formats),
the distribution, and the quality of the Subregional Newsletter.
The number of request list/suggestion sheets (attached to the Sub-
regional Newsletter) that are completed and returned to the Library by
individuals and agencies.
-4-
The number of individuals who request brailled or recorded information
and the total number of items requested during the year. "~
D. The number of documents, bulletins, informational pamphlets, etc.
brailled and recorded by the Technician during the grant period.
The number of requests received from patrons, deposit collections and
agencies for additional City/safety/emergency/consumer information
items to be brailled transcribed, recorded and/or duplicated.
The number of new patron applications received as a result of the
Subregional Newsletter being distributed to other agencies serving the
handicapped and the elderly.
G. Feedback from other City departments whose information the Library
brailled or recorded.
H. Responses from allied agencies and State organizations that work with
the handicapped.
Staff
One Library Technician (braille) position will be established for this
project. This will be a part-time 124 hours a week) position, for which
the Library is requesting grant funds in the amount of $8,664.19 for
salary and benefits. The individual hired to fill this job will be
responsible for braille transcription of printed documents, brochures,
public service bulletins, Subregional Newsletters., etc., duplication of
audio-cassette information and assisting with information-giving. See
attached JoD Statement. The Special Services Division Coordinator will
administer this project. Direct supervision of the Technician will be
provided by the Division's Library Supervisor.
In the course of their regular job tasks and functions all Subregional
Library staff members (Information Specialists and Technicians) will
interact with, and provide assistance to, the individual hired to fill the
grant position. Special Services volunteers will record materials and
assist the Technician with the Newsletter production. Two blind staff
members will assist in training and orientation, proofreading, checking
format and proper usage of braille contractions and abbreviations.
The Special Services Coordinator and Supervisor will make final decisions
about texts to be brailled/recorded, selection of information for
inclusion in the Subregional Newsletter and the prioritizing of all
projects.
-5-
Virginia Beach Public Library
Library Services and Construction Act, Title I - Literacy Grant
PROJECT LINK
1. NEEDS STATEMENT
The 1980 Census reported that in Virginia Beach 8% of the adults who were
25 years of age and older had completed no more than an elementary school
education. T~e application of this rate to current population estimates
means that as many as 27,200 adults in Virginia Beach in 1987 may have
completed no more than six years of school. A separate compilation by the
Bureau of the Census under contract with the Department of Education's
National Center for Educational Statistics indicated that in 1981 there
were 32,699 persons in Virginia Beach who were 20 years of age and older
and who were not high school graduates. A separate Tidewater Opinion
Survey in 1984 indicated that approximately 7% of the Virginia Beach
population had achieved less than a high school education. Each of these
statistics supports in a rough way the veracity of the other, and the
three statements cumulate to indicate that in a community that is
accurately characterized as well-educated, there is nevertheless a
significant problem with illiteracy.
Marie Bashaw, former Director of the Tidewater Literacy Council, indicated
in 1985 that many of the Council's students and tutors could not afford to
purchase the necessary teachers' manuals and training materials. She
noted that the all-volunteer Literacy Council is not funded by the United
Way or similar charitable conduit, and it must rely upon donations to
purchase materials for low income participants. T~e Director also stated
that there were consistent problems in locating adequate training rooms
that afforded sufficient privacy for teaching reading to illiterate adults
and to accomplish tutor training.
Enrollment in Adult Basic Education Adult Literacy classes and English-as-
a-Second-Language courses has grown rapidly over the past few years in
Virginia Beach. A large percentage of the students in both Adult Literacy
and English-as-a-Second-Language are from military families. The Adult
Basic Education (ABE) program operated by the Virginia Beach Adult
Learning Center is continually targeting more effective sites to hold
classes and has indicated to the Library a willingness to accept
assistance in creating these sites.
The Virginia Beach Department of Social Services recently indicated that
there is a need for all Human Services professionals to receive literacy
sensitivity training. Service providers need to be educated to recognize
functional illiteracy and to make appropriate referrals for l~teracy
training. The Department indicated that although only 10% of its clients
process no reading skills, between 60% - 70% probably fall within the
category of functionally illiterate. The Department's sole gauge of
client literacy is the degree of assistance required to complete forms.
-1-
Leadership and coordination of literacy activities in Virginia Beach has
deteriorated during the past year. T~e retirement of Marie Bashaw as
Director of the Tidewater Literacy Council has created a leadership
void. The Department of Public Libraries believes that nurturing of the
Council as well as participation in the development of regional literacy
networks will be important elements in the literacy agenda in 1987-88.
This does not seem to be a time to fashion a literacy program that
anticipates accountable communication or referral between the Library and
the Council. This is a time to renew t~e process of communication, to
recreate accurate information about the availability of tutoring, and to
foster the development of an independent Tidewate Literacy Council.
2. PROJECT GOALS
A. To encourage employees in the Human Services helping professions to be
aware of illiteracy among their clients.
Be
To create an accurate directory of existing agencies, organizations
and individuals willing to teach illiterate adults to read or able to
refer these individuals to trained tutors.
To insure that the ability of the Virginia Beach Public Library to
provide access to information includes opportunities for illiterate
adults.
PROJECT OBJECTIVES
A. To contact each public employee working in a City of Virginia Beach
Human Services Department who is responsible for client in-take or
counseling to increase his or her awareness of the manifestations of
adult illiteracy.
B. To develop an accurate list of organizations and individuals currently
willing to assist illiterate adults to learn how to read and to
distribute t~is data file to each Human Services employee who is
responsible for in-take and counseling processes and to the
Information Center of Hampton Roads.
C. To create collections of tutor teaching manuals, student books and
tutor resources in each of the five area 'libraries and the Central
Library to enable volunteer tutors to learn Dow to tutor and to begin
tutoring quickly and with a minimum of personal expense.
D. To purchase collections of supplemental reading in daily-life coping
skills, leisure activities and "how-to" subjects for adults with
limited reading skills to enable these adults to support their
personal reading development and to encourage their growing experience
of the public library.
4. METHODS AND MATERIALS
The project will use a number of simple methods to increase awareness
about illiteracy among Human Services professionals in Virginia Beach and
to initiate an embryonic network for referral or instruction of illiterate
-2-
adults in that City. An assumption of the project is that Human Services
professionals will have a greater opportunity of contacting adults who
need literacy training. The project is intended as a first step in a
developmental process that can evolve into more active participation ox
the part of the library in individual instruction of illiterate adults,
the creation of an adult illiteracy program for employees of the City 6f
Virginia Beach, or the maintenance of a comprehensive literacy teaching
network that is a public and private partnership. The concept of this
proposal relies upon Library Services and Construction Act funding to
create a materials collection in the public library and to produce the
first directory of literacy volunteers. It assumes that the Virginia
Beach Public Library will be responsible for the maintenance and develop-
ment of its literacy collection in the future, and that the Library will
maintain the literacy referral database it creates.
The Department of Public Libraries will:
Ae
Confer each month with the Tidewater Literacy Council to inform the
Council of its activities, obtain information about tutors and tutor
trainers, encourage leadership of tutor training classes, and create a
partnersl~ip in the project.
Advertise in both the print and television media its intention to
identify both tutors and private organizations which will refer
illiterate adults to these tutuors.
Create a printed listing of referral organizations and individual
tutors for distribution to Human Services agencies in Virginia Beach
and to the Information Center of Hampton Roads.
Train in-take and counseling employees in Human Services Departments
in literacy awareness so that these individuals can make sensitive and
accurate referrals for clients who desire to learn to read.
Communicate with tutors the availability of materials in the Virginia
Beach Public Library that can support tutor training, tutor teaching
and reading practice for students.
Invite tutors to tour their most convenient Virginia Beach Public
Library service outlet to learn how tutor teaching manuals and
supplemental reading for students are shelved in those buildings.
Invite tutors to refer students to designated contact persons within
each library facility to learn about the types of materials that are
available and to obtain a Virginia Beach Public Library borrower's
card.
He
Announce to organizations and to individual tutors the types of rooms
that are available in the Virginia Beach Public Library for tutor
training and individual literacy instruction.
Train Library staff to respond to the needs and possible confusion of
new readers in a library environment.
-3-
Invite the Directors of the Tidewater Literacy Council, Adult Learning
Center, English-as-a-Second-Language program and similar ogranizations
to Library middle-management staff meetings to build sensitivity .to.
the issues of illiteracy, create awareness of group and individual
literacy training opportunities in the City of Virginia Beach, and
support the middle-managers as literacy awareness teachers for their
respective staff.
5. EVALUATION
Ae
The Library will interview Human Services employees to determine the
rate and quality of literacy instruction referrals before the
initiation of the project, and it will count referrals throughout the
project year.
The Library will identify the number of tutors and students involved
in literacy training in Virginia Beach before initiation of the
project and it will measure changes in both the rate of available
tutors and new training applicants throughout the project year.
The Library will begin from the position of making virtually no
contact with low-skill readers and will measure the number of
opportunities it creates for Library tours, the rate of use of
supplemental reading materials by low-skill readers, and the nunmer of
library cards issued to these individuals throughout the project year.
The Library will assume that it presently receives no calls for
assistance or referrals by tutors and will measure the number of
contacts with tutors that it experiences throughout the project year.
E. The Library wi)l measure the number of referrals that tutors actually
receive as a result of referral from a Human Service agency employee.
F. The Library wil) measure the rate of circulation of supplementary
reading materials each month throughout the project year.
STAFF
PROJECT LINK will be administered by the Virginia Beach Public Library
Extension Services Librarian. The staff of the Extension Services
Division will assist the Librarian in the project, and employees
throughout the Library will participate in awareness training. The
Collection Development Librarian will plan the collection of literacy
materials for tutors and students, and she will purchase materials for all
five area libraries and tile Central Library. The Central Librarian, Area
Librarians and Division Heads will be responsible for the evaluation of
the literacy collections in their respective facilities. They will also
be responsible for training their staff in literacy awareness and methods
to create effective response to inquiries from literacy students.
-4-
- 66 -
Item IV-K.5
CONSENT AGENDA
ITEM # 28012
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Dam Neck
Station Road to Bel-Aire, Incorporated and Kings's
Way Corporation, their assigns and successors in
title (Princess Anne Borough).
The following conditons shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000.00).
7. No open cut of a public roadway shall be allowed
except under extreme circumstances; such exceptions
shal be submitted to the Highway Division for final
approval.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF DAM NECK
7 STATION ROAD TO BEL-AIRE,
8 INCORPORATED AND KING'S
9 WAY CORPORATION, THEIR
10 ASSIGNS AND SUCCESSORS IN
11 TITLE
12
13
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, Bel-Aire, Incorporated and King's Way Corporation, their
18 assigns and successors in title are authorized to construct and
19 maintain a temporary encroachment into the right-of-way of Dam
20 Neck Station Road.
21 That the
22 for the purpose of
23 force mains, laterals and man holes
24 shall be constructed and maintained in
temporary encroachment herein authorized is
constructing and maintaining sanitary sewer
and that said encroachment
accordance with the City
25 of Virginia Beach Public Works Department's specifications as to
26 size, alignment and location, and further that such temporary
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Dam Neck Station Road as
shown on that certain plat
entitled: "PLAT FOR ENCROACHMENT
PERMIT SUBDIVISION OF PROPERTY OF
BEL-AIRE, INCORPORATED & KING'S WAY
CORPORATION PRINCESS ANNE BOROUGH-
VIRGINIA BEACH, VIRGINIA (NOT YET
RECORDED) SCALE: 1"=100' JULY 15,
1987 ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS ENGINEERS PLANNERS
VIRGINIA BEACH, VIRGINIA," a copy
of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
48 herein authorized shall terminate upon notice by the City of
49 Virginia Beach to Bel-Aire, Incorporated and King's Way
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
Corporation, their assigns and successors in title and that
within thirty (30) days after such notice is given, said
encroachment shall be removed from the City's right-of-way of Dam
Neck Station Road and that Bel-Aire, Incorporated and King's Way
Corporation, their assigns and successors in title shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that
Corporation, their
indemnify and hold
Bel-Aire, Incorporated and King's Way
assigns and successors in title shall
harmless the City of Virginia Beach, its
agents and employees from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it
shall be necessary to file or defend an action arising out of the
location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Bel-Aire, Incorporated and King's
Way Corporation execute an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of September , 19 87 .
JAS/ih
07/25/87
CA-87-02371
(encroach\belaire.ord)
j~~/~ R _~/]~d.OVED' ~-S TO CONTF, .~TS
//~ -- SiGN*TUR~
DEPA[{T/v'~EhlT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
2
'~,.SA~.
MA~N
$ J UTILITY EASEMENTk
OENERAL BOOTH BOULEVARD
I~SERT'"" .....
SCALE: I'= 25'
.j~ 20' PRIVATE DRAINAGE EASEMENT
~< o. PARCEL 2
VARIABLE WIDTH
- UTILITY EASEMENT
(SEE INSERT)
_._..~__
O'UTILITY EASEMENT
EDICATED TO THE CiTY
OF VIRGINIA BEACH
PARCEL
I0' SCENIC
EASEMENT
(DB 2619, PI575)
...1~ N 22° 3,6' 03" E
1.0' NO INGRESS/EGRESS EASEMENT DEDICATED
TO THE CITY OF VIR(31NIA BEACH, VIRGINIA
GENERAL
BOOTH
(VARIABLE WIDTH R/W)
BOULEVARD
PLAT FOR ENCROACHMENT PERMIT
SUBDIVISION OF PROPERTY OF
BEL-AIRE, INCORPORATED ~ KING'S WAY CORPORATION
PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA (NOT YeT RECORDel
SCALE: I"=100' JULY i5, 1967
ROUSE-S/R/NE ASSOCIATES, LTD..
SURVEYORS · ENGINEERS · PLANAIER$
VIRGINIA BEACH, VIRGINIA
J O. 634-7 P.S. 232~ R 40
P-S. 263, P 79
THIS AGREEMENT, made this~ day of ~ ,
19~, by and between the CITY OF VIRGINIA BEACH,V~iGINIA, a
municipal corporation, party of the first part, and BEL-AIRE,
INCORPORATED and KING'S WAY CORPORATION, THEIR ASSIGNS AND
SUCCESSORS IN TITLE, party of the second part.
W I T N E S S E T H:
That, WHEREAS,
second part to construct
mains, laterals and man
parcels owned by Bel-Aire, Incorporated and
Corporation in the City of Virginia Beach; and
WHEREAS, in
sanitary sewer force
necessary that the
it is proposed by the parties of the
and maintain sanitary sewer force
holes to serve leased subdivided
King's Way
constructing and maintaining such
mains, laterals and man holes, it is
said parties of the second part encroach
into a portion of an existing City right-of-way known as Dam
Neck Station Road; and said parties of the second part have
requested that the party of the first part grant a temporary
encroachment to facilitate such sanitary sewer force mains,
laterals and man holes within a portion of the City's right-of-
way known as Dam Neck Station Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the
parties of the second part and for the further consideration of
One Dollar ($1.00), in hand paid, to the said party of the
first part, receipt of which is hereby acknowledged, the party
of the first part doth grant to the parties of the second part
a temporary encroachment to use a portion of the City's right-
of-way known as Dam Neck Station Road for the purpose of
constructing and maintaining such sanitary sewer force mains,
laterals and man holes.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location
particularly described as follows, to wit:
and is more
An area of encroachment into a portion of
the City's right-of-way known as Dam Neck
Station Road as shown on that certain plat
entitled: "PLAT FOR ENCROACHMENT PERMIT
SUBDIVISION OF PROPERTY OF BEL-AIRE,
INCORPORATED & KING'S WAY CORPORATION
PRINCESS ANNE BOROUGH - VIRGINIA BEACH,
VIRGINIA (NOT YET RECORDED) SCALE: 1"=100'
JULY 15, 1987 ROUSE-SIRINE ASSOCIATES, LTD.
SURVEYORS ENGINEERS PLANNERS VIRGINIA
BEACH, VIRGINIA," a copy of which is
attached hereto and to which reference is
made for a more particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the parties of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's right-of-way known as Dam Neck Station Road by the
the parties
harmless the
from and against all
including reasonable
necessary to file or
claims, damages, losses
attorney's fees in case
defend an action arising
parties of the second part; and that the parties of the second
part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that
of the second part shall indemnify and hold
City of Virginia Beach, its agents and employees,
and expenses
it shall be
out of the
location or existence of such temporary encroachment.
It is further expressly understood and agreed that
permission and
construction of
herein and to
nothing herein contained shall be
authority to
any encroachment
construed to enlarge such
permit the maintenance or
other than that specified
the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the parties of the second part.
It is further expressly understood and agreed that
the parties of the second part must submit and have approved a
traffic control plan before commencing work in the City's
right-of-way.
It is further expressly understood and agreed that
the parties of the second part agrees that no open cut of the
public roadway shall be allowed except under extreme
circumstances. Such exceptions shall be submitted to the
Highway Division, Department of Public Works, for final
approval.
3
It is further expressly understood and agreed that
the parties of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the parties of the
second part must post a Performance Bond and show proof of
public liability insurance of a minimum of Three Hundred
Thousand Dollars ($300,000.00).
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the parties of the second part, and
collect the cost in
collection of local or
the second part to
remove
any manner provided by law for the
state taxes; may require the party of
such temporary encroachment; and
pending such removal, the party of the first part may charge
the parties of the second part compensation for the use of such
portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land
so occupied if it were owned by the parties of the second part;
and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
4
in any manner provided by law
state taxes.
for the collection of local or
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager
City Clerk
BEL-AIRE, INCORPORATED
(SEAL)
ATTEST:
(Title)
'PROVED AS TO CONTENTS
SIGNATL RE
DEPARTMENT
APPROVED AS TO LEGAL
:: U/'FIC;FNC~' A~-!D i:,,L RM
'; ' ""'~' CITY ATTO,,ff,.IE ¥
KING'S WAY CORPORATION
(SEAL)
ATTEST:
(Title)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
If
Public in and for the
certify that THOMAS H.
, a Notary
City and State aforesaid, do hereby
MUEHLENBECK, City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of , 19
.... , has acknowledged the same before me in my City and State
aforesaid.
19
GIVEN under my hand this day of
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
Public in and for the City
certify that RUTH HODGES SMITH,
, a Notary
and State aforesaid, do hereby
City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of , 19 , has
acknowledged the same before me in my City and State aforesaid.
6
19
GIVEN under my hand this day of ,
My commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ."~ ~ ~ ~ ~. ~¥~ o ~f , a Notary
Public in and for the City and State aforesaid, do hereby
certify that ~.~¥~ ~;CL~S~'4~ ?~t~a/;- (Title)
on behalf of Bel-Aire, Incorporated, whose name is signed to
the foregoing writing, bearing date the /~ f~ day of
(}~J ~.~ , 19 ~ , has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this / ~W day of
My Commission Expires: '~%x~~~ / ~/ / ~ ~
7
Given
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Public in and for the City
on behalf of Bel-Aire, Incorporated, whose name is
the foregoing writing, bearing date the /~
~ Ii 0 ,'/& ,-I' , 19 ~7 , has acknowledged
before me in my City and State aforesaid.
under my hand this /.3774
, 19~.
~ ~0 ~ , a Notary
and State aforesaid, do hereby
(Title)
signed to
day of
the same
day of
My Commission Expires: ~A~ / ~'/ (~ ~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~ ,~tbl;C ,F~ ' ,)Z;~ ~0~ , a Notary
Public in and for the City and State aforesaid, do hereby
certify that ~,~ ]~ /~ Cj~3'/~k'}, ~-~,
on behalf of King's Way Corporation, whose name
the foregoing writing, bearing date the
(Title)
is signed to
/~/7~ day of
8
~C~f , 19 97 , has acknowledged the
before me in my City and State aforesaid.
Given under my hand this
same
day of
- Notary 'PuLI'~~'-
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, /~/~^I~ ~4~ ~~ O~ , a Notary
Public in and for the City and State aforesaid, do hereby
certify that~ ~. DE~KY , ~EC{f{~ (Title)
on behalf of King's Way Corporation, whose name is signed to
the foregoing writing, bearing date the )3pW day of
~ U ~ u~ ~ , 19 ~7 , has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this /~3/'/'/ day of
Notary Pub lic~~'
My Commission Expires:
JAS/ih
07/27/87
CA-2371
(encroach\belaire.agr)
- 67 -
Item IV-K.6.
CONSENT AGENDA
ITgM # 280~3
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
Raffle Permits:
Straight, Inc.
Catholic Family & Children's Service
St. Nicholas Greek Orthodox Church
Green Run High School Athletic Booster Club
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 68 -
Item IV-K.7
CONSENT AGENDA
ITEM # 2S014
Upon motion by Councilman Balko, seconded by Councilman Heischober, Cty Council
APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Encore Limousines, Inc.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
- 69 -
Item IV-K.8.
CONSENT AGENDA
ITEM # 28o~5
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $11,445.52 upon application of certain persons
and upon certification fo the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
September 14, 1987
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
Base Penalty Int.
NAME Year Paid
Total
The Bailey Wicks Co
T/A The Bailey Wicks
335 $ Witchduck Rd
Va Beach, VA 23462
East Atlantic Ltd
3032 Glastonbury Dr
Va Beach, VA 23456
Facet Inc
T/A Hush Puppies Shoes
5313 Stewart Ct
Va Beach, VA 23464
Co
1982/83 Audit 973.22
1986 Audit 330.00
1986 Audit 211.20
973.22
330.06
211.20
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $'t; 5't 4.4 2
of the City of Virginia Beach on the ].4th day of
Certified as to Payment:
Ro~ert P. Vaughan" -
Commissioner of the Revenue
Approved as to forr~
~"~. ~al~'~lmson ' ' -' C~y Attorney
were approved by the Council
September , 19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3;86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
Base Penalty Int.
NAME Year Paid
Total
Richard L. Good
T/A RLG Thermographics
5667 Barkwood Ct
Va Beach, VA 23464
The Martin Agency Inc
T/A Martin Agency/Ches.
3330 Pacific Ave
Va Beach, VA 23451
Osteoporosis Unit of
6161 Kempsville Cir
Norfolk, VA 23502
1985/86 Audit 22.86
Bay
1978/81 Audit 763.16
Tidewater Ltd
#220
1985/86 Audit 638.72
22.86
763.16
638.72
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,4 2 4.7 4
of the City of Virginia Beach on the 14th day of
Certified as to Payment:
R(:~:~P. Vaugha-n v
Commissioner of the Revenue
Approved as to for~:
o rmso -
,City Attorney
were approved by the Council
September , 19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int.
NAME Year Paid
Total
Harry E. Regan
T/A R & K Contractors
3913 Rumford La
Va Beach, VA 23452
Shirt Tales Inc
T/A House of T's
4970 Euclid Rd
Va Beach, VA 23462
1987 License 256.02
1987 License 386.00
256.02
386.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 6 4 2- n ~
of the City of Virginia Beach on the 14th day of
Certified as to Payment:
R~bert P. Vaughan
Commissioner of the Revenue
Approved as to fo m:
,' ~' V.. v vf - v
('---"/~ Dale a,mson /~ity Attorney
were approved by the Council
September , 19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Blaisdell, Stephen E.
T/A Purewater of Tidewater/Ches.
428 Marsh Duck Way
Va. Beach, VA 23451 1987
Burger King Corp.
T/A Burger King Corp.
P. O. Box 520783 1590
Miami, FL 33152
08/11/87 200.00 200.00
1987 06/03/87 7,664.34 7,664.34
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $7,864.34
of the City of Virginia Beach on the. 14th day of
Certified as to Payment:
o(Rb'~ert ~ Vaughan ~'
Commissioner of the Revenue
Approved as tof~:
/ a~e- Bimso~
City AEorney
were approved by the Council
September , 19 87.
Ruth Hodges Smith
City Clerk
Item IV-L.1
- 70 -
UNFINISHED BUSINESS
IT~4 # 28016
BY CONCENSUS, City Council CONFIRMED FOR TEE RECORD the resignation of Mrs.
Minor McNamara as a Member of the COMMUNITY CORRECTIONS RESOURCE BOARD
effective December 1, 1986, and APPOINTMENT of Mrs. Barbara Hickey representing
Norfolk General District Court on the COMMUNITY CORRECTIONS RESOURCE BOARD.
September 14, 1987
- 71 -
Item IV-L.2
UNFINISHED BUSINESS
ADD-ON
ITEM # 28017
As per request and discussion by City Council relative the lengthy NIGHT
ME.~TINGS, BY CONSENSUS, the City Manager and Mayor shall prepare a
QUESTIONNAIRE relative solutions.
September 14, 1987
- 72 -
Item IV-M. 1
NEW BUSINESS
ITEM # 28018
Deborah Rawls, represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
SCHEDULED RECONSIDERATION of the application of Virginia Beach Marlin Club,
Inc. (Charles O. Peel) for a Conditional Use Permit for a public marina with
related facilities, located on the southwest corner of Winston Salem Avenue and
Mediterranean Avenue, running a distance of 135 feet along the south side of
Winston Salem Avenue, running a distance of 100 feet along the west side of
Mediterranean Avenue, Shadowlawn Heights Area (Virginia Beach Borough). (This
application had been APPROVED by City Council on August 10, 1970).
RECONSIDERATION is SCHEDULED for the City Council Meeting of October 19, 1987.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
September 14, 1987
- 73 -
Item IV-N.
ADJOURNMENT ITEM #
28019
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 7:35 P.M.
Bever~~0. Hooks
Chief Deputy City Clerk
dges Smith, CMC
City Clerk
City of Virginia Beach
Virginia
September 14, 1987