MAY 5, 1986 MINUTES
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City of' Virgirl.ia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR HAROLD HEISCHOBER. Alwge
VICE.MAYOR REBA S. ItIcCLANAN. ~.II A..... Borov.gll
JOHN A. BA UItI, Bl<<1nuat... Borov.,,1I
NANCY A. CREECH. AI lArge
ROBERT E. FENTRESS. ViryiIooG Bea.r:/& Borov.g/&
BARBARA M. HENLEY. Pugo Boruag/&
H. JACK JENNINGS. JR., LpMoW1l1Jorov.g/&
LOUIS R. JONES. &YMe Borov.g/&
ROBERT G. JONES, AI lArge
J. HENRY McCOY. JR., Kemp.ville Borov.gll
MEYERA E. OBERNDORF. Alwge
RUTH HODGES SM117l. CMC. Cilll Clnk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9002
18/41 42HJO$
May 5, 1986
Virginia Beach City Council
ITEM I.
MEETING OF VIRGINIA BEACH CITY COUNCIL
- Conference Room - 12:30 PM
A. CALL TO ORDER - May'):" Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II.
REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers
2:00 PM
A. INVOCATION: Reverend Ralph Horn
Blackwater Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
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F. MINUTES
1. Motion to accept/approve the Minutes of Apri 1 28 and
April 30, 1986
G. PROCLAMATION
1. IPMA SOUTHERN REGION WEEK - May 4-10, 1986
H. PUBLIC HEARING
1. The Sports Authority of Hampton Roads, Virginia
I. PLANNING
1. Application of Virginia Beach S.P.C.A., a Virginia Non-
stock Corporation for a change of zoning from AG-2
Agricultural District to B-2 Connnunity Business District
located at the west side of General Booth Boulevard, north
of Ruffian Road containing 2.008 acres (Princess Anne
Borough).
Recommendation: APPROVAL
2. Application of Virginia Beach Racquet Club North Associates
for a conditional use permit for fourteen (14) additional
tennis courts located at the east side of Thomas Bishop
Lane containing 12.142 acres (Lynnhaven Borough).
Reconnnenda tion: APPROVAL
3. Application of T.C.C. Development Corporation for a change
of zoning located at the north side of London Bridge Road
and west of Swamp Road (Princess Anne Borough):
From AG-l Agricultural District to 1-2 Heavy Industrial
District on a 155.50 acre parcel
AND,
From AG-2 Agricultural District to 1-2 Heavy Industrial
District on a 96.80 acre parcel
Recommendation: DEFERRAL
DEFERRED by City Council August 19, 1985, pending adoption
of the AICUZ Policy
4. Application of Carmine Pisapia for a change of zoning from
R-8 Residential District to B-2 Connnunity-Business District
on a located at the west side of Holland road, south of
Shipp's Corner Road containing 2.987 acres (Princess A..'1ne
Borough) .
Recommendation: None, due to a tie vote
DEFERRED by City Council October 21, 1985, pending adoption
of the AICUZ Policy
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5. Application of ESG Enterprises, Inc., for a change of
zoning from R-8 Residential District to B-2 Connnunity-
Business District located at the west side of Holland Road,
north of North Landstown Road containing 1.782 acres
(Princess Anne Borough).
Recommendation: DENIAL
DEFERRED by Ci ty Co unci 1 June 17, Augus t 19 and
October 21, 1985 pending adoption of the AICUZ Policy
6. Application of Vivian Doummar for a change of zoning from
R-6 Residential District to A-2 Apartment District located
at the south side of 23rd Street, east of Barberton Drive
on Lots 13-20, Block 11, Woodland containing 34,063.9
square feet (Lynnhaven Borough).
Recommendation: DENIAL
7. Application of Chandler S. Dennis for a conditional use
permit for a recreational and amusement facility located at
the south side of Sandbridge Road, west of Marlin Lane
containing 8.9 acres (Princess Anne Borough).
Reconnnendation: DENIAL
8. Application of Gary F. Laderberg for a change of zoning
from R-5 Residential District to 1-1 Light Industrial
District located at the west side of South Birdneck Road,
south of Jackson Lane containing 28,750 square feet
(Lynnhaven Borough).
Recommendation: DENIAL
J. RESOLUTION
1. Re so lut ion creating The Sports Authority of Hampton Roads,
Virginia, under Chapter 29, Title 15.1 of the Code of
Virginia of 1950, as amended.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Co unci I and wi 11 be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separate lYe
1. Ordinance authorizing the City Manager to execute a cost
participation agreement with Merrimac Properties, Inc. for
Whitehurst Landing.
2. Ordinance upon FIRST READING to accept and appropriate
$382,317 for the purpose of lease-purchasing an aerial
apparatus truck for the Fire Department.
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3.
Ordinance upon FIRST READING to accept and appropriate
$300,000 for the purpose of lease-purchasing a replacement
ladder truck for the Fire Department.
4.
Ordinance to transfer $920,000 of Capital Proj ect Funds
from Cox High School to Salem Junior High School to cover
unanticipated project costs.
5. Ordinance to transfer $130,000 wi thin the Department of
Public Works for the purchase of two knuckle arm boom
trucks.
6. Ordinance appointing viewers in the petition of Donald W.
and Selena Starbuck and Richardson and Linda Bell for the
closure of a portion of Lauderdale Avenue (Bayside
Borough) .
7. LOW BID to Carter-Bell Corporation in the amount of
$784,970.00 for the construction of Gatewood Park Sewer
Project CIP 6-808.
8. Raft Ie Permit
Philippine American Community of Tidewater
9. Ordinance authorizing tax refunds in the amount of
$1,986.46.
L. APPOINTMENTS
1. ARTS AND HUMANITIES COMMISSION
2. HOUSING BOARD OF APPEALS
3. EASTERN VIRGINNIA HEALTH SYSTEMS AGENCY, INC.
4. SOCIAL SERVICES BOARD
5. SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY -
PRIVATE INDUSTRY COUNCIL
6. SOUTHEASERN VIRGINIA PLANNING DISTRICT COMMISSION
7. TIDEWATER REGIONAL GROUP HOME COMMISS ION
M. UNFINISHED BUSINESS
N. NEW BUS INESS
O. ADJOURNMENT
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FY 1986-1987 OPERATING BUDGET SCHEDULE
May 8
May 12
May 15
Budget Reconciliation Workshop
Conference Room - 4:00 - 7:00 PM
PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2:00 PM
SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 5, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, May 5, 1986, at 12:40 P.M.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
(ENTERED: 12: 42 P.M.)
Louis R. Jones
(ENTERED: 12: 48 P.M.)
Robert G. Jones
(ENTERED: 2:37 P.M.)
(Was representing clients in the Chesapeake Courts)
J. Henry McCoy, Jr., D.D.S.
(ENTERED:
1: 30 P. M. )
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ITEM If 25330
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion, salaries,
disciplining or resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisi tion 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.
Upon motion by Counci lman Baum, seconded by Counci lwoman Henley, Ci ty
Council voted to proceed into EXECUTIVE SESSION.
Voting: 7-{J
Council Members Voting Aye:
John A. Baum, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings,
McClanan and Meyera E. Oberndorf
Mayor
Jr. ,
Harold Heischober,
Vice Mayor Reba S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
(ENTERED: 12: 42 P. M.)
Louis R. Jones
(ENTERED: 12:48 P.M.)
(ENTERED: 2:37 P.M.)
Robert G. Jones
(Was representing clients in the Chesapeake Courts)
J. Henry McCoy, Jr., D.D.S.
(ENTERED:
1:30 P.M.)
May 5,1986
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REGULAR
S E S S ION
VIRGINIA BEACH CITY COUNCIL
May 5, 1986
2:05 P.M.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Co unci 1 in the Counci 1 Chambers, City Hall Bui lding, on
Monday, May 5, 1986, at 2:05 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Ralph Horn
Blackwater Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D. 1
CONSENT AGENDA
ITEM II 25331
Councilwoman Henley referenced an Ordinance authorizing the City Manager to
execute a cost participation agreement with Merrimac Properties, Inc. for
Whitehurst Landing. (See Item II-K.l of the Consent Agenda).
Councilwoman Henley noted there would be three mandatory water connections
involved and inquired as to whether they would be "locked" into the low
fee. The City Staff will advise concering this item.
Item II-D.2
CONSENT AGENDA
ITEM II 25332
Vice Mayor McClanan and Councilwoman Henley referenced an Ordinance to
transfer $920,000 of Capital Project Funds from Cox High School to Salem
Junior High School to cover unanticipated project costs. (See Item II-K.4
of the Consent Agenda).
Vice Mayor McClanan requested information concerning the cost of the
installation of approximately one mile of pipe down Lynnhaven Parkway for a
water-sewer hookup with HRSD. Councilwoman Henley also inquired as to
whether this pipe would be sized to serve other development.
Item II-D.3.
CONSENT AGENDA
ITEM 1/ 25333
Vice Mayor McClanan referenced an Ordinance APPOINTING VIEWERS in the
peti tion of Donald II. and Selena Starbuck and Richardson and Linda Bell.
(See Item II-K.6 of the CONSENT AGENDA).
The Ordinance to close a portion of Lauderdale Avenue in the petition of
Donald II. and Selena Starbuck and Richardson and Linda Bell was DENIED by
City Council on May 7, 1984.
Vice Mayor McClanan wished this item pulled for discussion.
May 5, 1986
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Item II-F.l
MINUTES
ITEM II 25334
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City
Council APPROVED the Minutes of April 28 and 30, 1986.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
Nancy A. Creech
May 5, 1986
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Item II-G. 1
PROCLAMATION
ITEM /I 25335
Mayor Heischober PROCLAIHED the week of May 4 - 10, 1986 as:
IPMA SOUTHERN REGION WEEK
Phyllis Millette, Director of Personnel for the City of Virginia Beach, and
Michael Thompson, Director of Personnel for the City of Lynchburg,ACCEPTED
this PROCLAMATION.
This PROCLAMATION recognized the International Personnel Management
Association as being dedicated to the professionals of various technical
specialities in public and private organizations.
The City of Virginia Beach will host the 1986 Southern Region International
Personnel Mangement Association Conference on May 4-7, 1986, with the theme
of "Human Resource Management: Challenges for the Future".
May 5, 1986
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'rntlumutinn
WHEREAS, the City of Virginia Beach will host the 1986 Southern Region International
Personnel Management Association Conference on May 4-7, 1986, with the theme of "Human
Resource Management: Challenges for the Future";
WHEREAS, the International Personnel Management Association is dedicated to the pro-
fessionals of various technical specialties in public and private organizations.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby
proclaim the week of May 4-10, 1986 as
IPMA SOUTHERN REGION WEEK
1n Virginia Beach and commend IPMA members for the support g1ven to their individual
organizations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Virginia Beach to be affixed this fifth day of May, nineteen hundred and eighty-six.
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may 5, 1986
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Item II-H. 1
PUBLIC HEARING
ITEM /I 25336
Mayor Heischober DECLARED a PUBLIC HEARING:
THE SPORTS AUTHORITY OF HAMPTON ROADS, INC.
William G. Foster, Jr., representing the SPORTS OPPORTUNITY GROUP for the
FUTURE OF HAMPTON ROADS, spoke in support of the Resolution creating THE
SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA and APPOINTING Mayor Harold
Heischober as a Commissioner of THE SPORTS AUTHORITY OF HAMPTON ROADS,
VIRGINIA.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
May 5, 1986
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NOTICE OF
PUBLIC HEARING
ON ADOPTION OF A
RESOLUTION CREATING
THE S TS AUTHORITY
HAM ROADS,
VIRG
N tice is hereby 11 en that the
Cou '1 of the 'ty f Virginia
Beac (the C cil) will hold a
publi h . on t adoption of
a resolution crea ng, jointly with .
the Cities of Newport News, Por-
tsmouth, Norfolk, Hampton,
Chesapeake, and Suffolk and the
County of Isle of \yjabt, The
Sports Authority of Hampton
Roads, Virginia, whose Articles
of ,Incorporation are set forth
below, for the purpose of
acquiring, constructing, equip-
ping, financing, maintaining,
and/or operating a public
recreational and sports facility
containing one or more
racetracks, coliseums or
stadiums, parks, campgrounds,
lI1d all parking, transportation,
lltility and restaurant facilities
lI1d concessions in connection
therewith. The' public h~,
which may be continued or ad-
journed, will be held at 2:00 p.m.
()n May 5, 1986 before the Coun-
cil in Council Chambers located
ilt the Municipal Center of said
City. Any person Interested in the
creation of the Authority may
ilppear and be heard. A copy of
the Council's Resolution is on me
ilnd available' for inspection at
the office of the City Clerk at
Room 281 in the Municipal Cen-
ter of said City.
ARTICLES OF
INCORPORATION OF
THE SPORTS AUTHORITY
OF HAMPTON ROADS,
VIRGINIA
Pursuant to the provisions of
Chapter 29, Title 15.1, Code of
Nlrginia of 1950, as amended, the
Cities of Hampton, Newport
News, Portsmouth, Norfolk,
Virginia Beach, Chesapeake, and
Suffolk, and the County of Isle
of Wight, hereby jointly create a
political subdivision of the
Commonwealth of. Virginia, and
to that end set forth the
following:
1. The name of the authority is
THE SPORTS AUTHORITY
OF HAMPTON ROADS,
VIRGINIA and the adress of its
principal office is 16 KOler
Executive Center, Norfolk,
Virginia 23502-" ' . ',' ('
Hi> m,Jfhou8p"'"A~y ~of
. Hampton Roads', Virginia is
created under Chapter 29, Title
15.1 of the Code of Virginia of
1950, as smended.
3. The names of each of the
participating political sub-
divisons are: City of Hampton,
City of Newport News, City of
Portsmouth, City of Norfolk,
City of Virginia Beach, City of
Chesapeake, City of Suffolk, and
County of Isle of Wight.
4. The names, addresses and
terl1ll of office of the first mem-
bers of The Sports Authority of
Hampton Roads, Virginia are as
follows:
G. Elliott Schaubach, 7316
Ruthven Road, Norfolk, VA
23505, Term of office, 4 years.
Harold Hesichober, Office of
the Mayor, Municipal Center,
Va. BeacI1, Va. 23456, term of
office, 4 years.
John Butt, 2516 Centerville
Tnpk, S., Chesapeake, Va
23322, term of office, 4 yelfs.
Aubrey H. Fitzgerald, City
Hall, 2400 W ashington Avenue,
Newport News, VA 23607, term
of office 4 years.
Morton V. Whitlow, Post Of-
fice Box 488, Portsmouth, VA
. 23705, term of office, 4 years. '
Ronald H. Pack, Rt. 2, Box
lOS-G, Smithfield, V A 23430,
term of office, 4 years.
Robert J. O'Neill, Jr., City
MlUlIier, City Hall, Hampton,
Va. 23669, term of office, 4
years. .
James C. Adams, III, 825
Craig, Drive, Suffolk, VA 23434,
term'of office, 4 years.
5. The Sports Authority of
Hampton Roads, Virginia is
created for the acquisition, con-
struction, equipping, fmancing,
maintainina, and/or operating of
a publi~. recreational and sports
facility containing one or more
racetracks, coliseums or
stadiums, parks. campgrounds,
and au parking, transportation,
utility, and restaurant facilities
and concessions in connection
therewith.
Ruth Hodges SQJ.itb. CMC
City Clerk ' .
CMC Council
City of Virgima Beach / /
251-15 1t4-23 VB / I
t
may 5, 1986
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Item II-I.I
PLANNING
ITEM If 25337
Attorney Charles Salle' represented the applicant
Upon motion by Vice Mayor McClanan, seocnded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of VIRGINIA BEACH S.P.C.A., a
Virginia Non-stock Corporation for a Change of Zoning:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH,
S.P.C.A., A VIRGINIA NON-STOCK CORPORATION, FOR A
CHANGE OF ZONING DISTRICT CLASSFICATION FROM AG-2 TO
B-2 Z05861082
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Virginia Beach
S.P.C.A., a Virginia Non-stock Corporation for a
Change of Zoning District Classification from AG-2
Agricultural Distict to B-2 Community Business
District on certain property located on the west
side of General Booth Boulevard, 180 feet north of
Ruffian Road. Said parcel contains 2.008 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. Dedication of an appropriately sized controlled access and scenic
easement along the frontage on General Booth Boulevard.
2. Controlled access policy for traffic planning will be submitted
in conjunction with adjacent parcel which the S.P.C.A. presently
owns.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth of May, Nineteen Hundred and Eighty-six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
May 5, 1986
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Item II-I.2.
PLANNING
ITEM /I 25338
Attorney Grover Wright represented the applicant and presented City Council
with a packet of information containing a letter from Dr. Harvey
H. Shiflet, a principal in the Virginia Beach Racquet Club North
Associates, outlining additional conditions which said applicant
voluntarily proffered. A petition in favor of said application was also
enclosed. (Said information is hereby made a part of the record)
After the conditions were proffered, the following withdrew their
OPPOSITION:
Nina Austin
Jeffrey Bergman
Bob Briner
Gregory M. Frech
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of VIRGINIA BEACH RACQUET
CLUB NORTH ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH RACQUET
CLUB NORTH ASSOCIATES FOR A CONDITIONAL USE PERMIT
FOR FOURTEEN (14) ADDITIONAL TENNIS COURTS R0586828
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Virginia Beach Racquet
Club North Associates for a Conditional use Permit
for 14 additional tennis courts on certain property
located on the east side of Thomas Bishop Lane, 540
feet more or less north of Great Neck Road. Said
parcel contains 12.142 acres. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The twelve (12) tennis courts, which will be built on open space
on the three acres on the northern side of the property, abutting
Lots 14 through 16 on the east side on the Meadow Ridge plat will
never be lighted for night use.
2. The property adj oining the court areas will be res tric ted to
motor vehicles.
3. The tennis courts adjacent to the houses will be bermed and
landscaped.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virignia Beach, Virginia, on the
Fifth day of May, Nineteen Hundred and Eighty-six.
May 5, 1986
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Item 11-1.2
PLANNING ITEM # 25338 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H Jack Jennings, Jr. and Robert G. Jones
Council Members Absent:
None
May 5, 1986
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Item II-I. 3
PLANNING
ITEM II 25339
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of T.C.C. DEVELOPMENT
CORPORATION for Changes of Zoning:
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-l TO 1-2* Z05861083
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of T.C.C. Development
Corporation for a Change of Zoning District
Classification from AG-l Agricultural to 1-2 Heavy
Industrial District on certain property located 600
feet north of London Bridge Road, 600 feet west of
Swamp Road. Said parcel contains 155.50 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF T. C. C. DEVELOPMENT
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO 1-2* Z05861084
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of T.C.C. Development
Corporation for a Change of Zoning District
Classification from AG-2 Agricultural District to
1-2 Heavy Industrial District on certain property
located on the north side of London Bridge Road, 200
feet more or less west of Swamp Road. Said parcel
contains 96.80 acre. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
May 5, 1986
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Item II-I. 3
PLANNING
ITEM # 25339 (Continued)
The following conditions shall be required:
1. *First 250 Feet of the property shall be MODIFIED to 1-1
Industrial.
2. Submission to the Planning staff for approval of an
infrastructure development plan (including road, utility, and
drainage features) which is in accord wi th the principles and
concepts recommended by the AICUZ consultant. Subsequent
development should conform to this approved plan.
2. On-site storm water detention. The detention system should meet
the standards recommended in the AICUZ consultant's report.
4. A 50-foot Buffer along the entire frontage on London Bridge Road
with a 4-foot Berm in accordance with City standards and
landscaping.
5. Adherence to aesthetic guidelines A through L, established as
part of the City's AICUZ industrial policy.
6. A five-foot dedication of right-of-way along the frontage on
London Bridge Road, 45 feet from the centerline of the existing
80-foot right-of-way to provide for an ultimate 90-foot
right-of-way as required by the Master Street and Highway Plan.
7. Dedication of two feet of right-of-way along the frontage on
London Bridge Road for the proposed bicycle path as indicated in
the Virginia Beach Bikeway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of May, Nineteen Hundred and Eighty-six.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan
and Meyera E. Oberndorf
Council Members Absent:
None
Mav 5. 1986
I I
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- 13 -
Item II-I.4.
PLANNING
ITEM II 25340
Attorney Robert Cromwell represented the applicants and advised the
applicants (CARMINE PISAPIA AND ESG ENTERPRISES) had initially filed
several applications all contiguous to properties involved. These
applications became fragmented. Mr. Cromwell requested these
applications be REFERRED BACK TO THE PLANNING COMMISSION with
instructions all applications be placed on the same City Council Agenda.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon
application of CARMINE PISAPIA for a Change of Zoning:
ORDINANCE UPON APPLICATION OF CARMINE PISAPIA FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO
B-2
Ordinance upon application of Carmine Pisapia for a
Change of Zoning District Classification from R-8
Residential District to B-2 Community-Business on
certain property located on the west side of Holland
Road, 500 feet more or less south of Shipp's Corner
Road. Said parcel contains 2.987 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
This application was REFERRED BACK TO THE PLANNING COMMISSION to enable all
contiguous applications to be on the same City Council Agenda.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr. and Vice Mayor Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Applications 11-1.4 and 11-1.5 were voted upon together.
May 5, 1986
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Item II-I.5
PLANNING
ITEM II 25341
Attorney Robert Cromwell represented the applicants and advised the
applicants (CARMINE PISAPIA AND ESG ENTERPRISES) had initially filed
several applications all contiguous to properties involved. These
applications became fragemented. Mr. Cromwell requested these
applications be REFERRRED BACK TO THE PLANNING COMMISSION with
instructions all applications be placed on the same City Council Agenda.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon
application of ESG ENTERPRISES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO B-2
Ordinance upon application of ESG Enterprises, Inc.,
for a Change of Zoning District Classification from
R-8 Residential District to B-2 Community-Business
District on certain property located on the west
side of Holland Road, 1210 feet north of North
Landstown Road. Said parcel contains 1.782 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
This application was REFERRED BACK TO THE PLANNING COMMISSION to enable all
contiguous applications to be on the same City Council Agenda.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr. and Vice Mayor Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr. , D.D.S.
Applications 11-1.4 and 11-1.5 were voted upon together.
M",,, <:: lOOt::
I I
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Item II-I. 6
PLANNING
ITEM II 25342
Attorney Grover Wright represented the applicant. Mr. Wright presented
a letter from Maurice Steingold, an adjacent property owner, in support
of said application. Said letter is hereby made a part of the record.
Opposition:
David Matthews, an adjacent resident
Ralph L. Sides, Jr., an adjacent resident.
A MOTION was made by Councilman Jennings, seconded by Councilman Fentress,
to ADOPT an Ordinance upon application of VIVIAN DOUHMAR for a Change of
Zoning from R-6 Residential District to A-2 Apartment District located on
the side of 23rd Street, east of Barbeton Drive on Lots 13-20, Block 11,
Woodland, containing 34,063.9 square feet (Lynnhaven Borough).
Voting: 5-4*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober and H. Jack Jennings, Jr.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S. McClanan
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones and J. Henry McCoy, Jr., D.D.S.
This MOTION was lost as the City Code requires the affirmative vote must
represent a majority of the Eleven City Council Members not a majority of
those present.
May 5, 1986
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Item II-I. 6
PLANNING
ITEM # 25342 (Continued)
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of VIVIAN OOUMMAR for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF VIVIAN DOUMMAR FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO
A-2 Z05861085
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Vivian Doummar for a
Change of Zoning District Classification from R-6
Residential District to A-2 Apartment District on
the south side of 23rd Street, 195 feet east of
Barberton Drive on Lots 13-20, Block 11, Woodland.
Said parcel contains 34,063.9 square feet.
LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Resubdivision of the property to avoid the creation of
non-conforming lots.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth of May, Nineteen Hundred and Eighty-six.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and Meyera E. Oberndorf
Council Members Absent:
None
May 5, 1986
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, I II
- 17 -
Item II-I. 7
PLANNING
ITEM If 25343
Attorney Moody E. Stallings represented the applicant and presented a
petition in support of said application. A letter from C. Randolph
Zehmer, a resident of Sandbridge Road, in favor of said application was
introduced. Said letter and petition are hereby made a part of the
record. Mr. Stallings also mentioned the support of Helen McDonald, a
realtor in the Sandbridge Area.
The following also spoke in favor of the application:
Jack Siebert, Realtor
Robert Josephberg, Sandbridge property owner
George Owens, Sandbridge property owner
The City Clerk referenced a letter from Frank Wallace dated May 19, 1986,
concerning said application. (Said letter is hereby made a part of the
record) .
Upon motion by Vice Mayor McC1anan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of CHANDLER S. DENNIS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHANDLER S. DENNIS FOR
A CONDITIONAL USE PERMIT FOR A RECREATIONAL AND
AMUSEMENT FACILITY R0586829
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Chandler S. Dennis for
a Conditional Use Permit for a recreational and
amusement facility on the south side of Sandbridge
Road, 4780 feet more or less west of Marlin Lane.
Said parcel is lcoated at 665 Sand bridge Road and
contains 8.9 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. A caution light shall be installed to "warn" of dangerous curve.
2. This facility shall be limited to the use proposed.
3. Approval shall be for a period of four (4) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of May, Nineteen Hundred and Eighty-six.
May 5, 1986
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Item II-I. 7
PLANNING
ITEM # 25343 (Continued)
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 5, 1986
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- 19 -
Item II-L8
PLANNING
ITEM /I 25344
Tuck Bowie, of Talbot and Associates, represented the applicant and
requested WITHDRAWAL
The following speakers registered in OPPOSITION but were not OPPOSED to the
WITHDRAWAL :
Curtis Maddin
Elizabeth Veasy
Annie Wilson
Onna F. Robbins
Rosa Lee Norman
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of GARY F.
LADERBERG for a Change of Zoning:
ORDINANCE UPON APPLICATION OF GARY F. LADERBERG FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
TO 1-1
Ordinance upon application of Gary F. Laderberg for
a Change of Zoning District Classification from R-5
Residential District to 1-1 Light Industrial
District on certain property located on the west
side of South Birdneck Road, 190 feet south of
Jackson Lane. Said parcel contains 28,750 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A.
Barbara M.
G. Jones,
D.D.S. and
Baum, Robert E. Fentress, Mayor Harold Heischober,
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
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, I ,I
- 20 -
Item II-J.l
RESOLUTION
ITEM fj 25345
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution creating The Sports Authority of Hampton
Roads, Virginia, under Chapter 29, Title 15.1 of the
Code of Virginia of 1950, AS AMENDED,
AND APPOINTED,
Mayor Harold Heischober
The Sports Authority of
as Commissioner of
Hampton Roads, Virginia
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
Council Members Abstaining:
Mayor Harold Heischober
May 5, 1986
I I
, I II
- 20a -
RESOLUTION NO.
A RESOLUTION CREATING THE SPORTS ApTHORITY OF HAMPTON
ROADS, VIRGINIA BY THE JOINT ACTION OF THE COUNCILS OF THE
CITIES OF HAMPTON, NEWPORT NEWS, PORTSMOUTH, NORFOLK, VIRGIN-
IA BEACH, CHESAPEAKE, AND SUFFOLK, VIRGINIA, AND THE BOARD OF
SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, AS PROVIDED IN
CHAPTER 29, TITLE 15.1 OF THE CODE OF VIRGINIA OF 1950, AS
AMENDED.
WHEREAS, the Public Recreational Facilities Authorities
Act, Chapter 29, Title 15.1 of the Code of Virginia of 1950,
as amended (Section 15.1-1271, et. ~.) (the Act) authorizes
the governing bodies of political subdivisions of the Common-
wealth of Virginia, by concurrent resolutions or ordinances,
to create an authority with such public and corporate powers
as set forth therein; and
WHEREAS, the Councils of the Cities of Hampton, Newport
News, Portsmouth, Norfolk, Virginia Beach, Chesapeake, and
Suffolk and the Board of Supervisors of the County of Isle of
Wight have agreed to create jointly The Sports Authority of
Hampton Roads, Virginia with such public and corporate powers
as set forth in the Act; and
WHEREAS, a public hearing has been held with respect to
the creation of such authority pursuant to the public notice
given in accordance with the requirements of Section 15.1-1273
of the Code of Virginia of 1950, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That it does hereby create, concurrently with
the Cities of Newport News, Portsmouth, Norfolk, Hampton,
Chesapeake, and Suffolk and the County of Isle of Wight, The
Sports Authority of Hampton Roads, Virginia (the Authority)
having as its articles of incorporation those Articles of
Incorporation set forth in Exhibit A attached hereto and by
this reference made a part hereof and with such powers,
duties and other matters pertaining thereto, as set forth in
the Act.
2. That this Resolution will be effective provid-
ed the Councils of the Cities of Newport News, Portsmouth,
Norfolk, Hampton, Chesapeake, and Suffolk and the Board of
Supervisors of the County of Isle of Wight adopt similar
resolutions or ordinances creating the Authority.
May 5, 1986
I I
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- 20b -
3. The Commission of the Authority shall consist
of eight (8) members (Commissioners), the governing body of
each of the initial participating political subdivisions
appointing one such Commissioner. The initial eight (8)
Commissioners shall be appointed for a term beginning with
the date of appointment and ending four (4) years subsequent
to the first day of the calendar month next succeeding the
date of the initial appointment to the Authority; subsequent
appointments shall be for terms of four years, except ap-
pointments to fill vacancies which shall be for the unexpired
terms. If at the end of any term of office of any Commis-
sioner a successor thereto shall not have been appointed,
then the Commissioner whose term of office shall have expired
shall continue to hold office until his successor shall be
appointed and qualified.
4. The City of Virginia Beach shall not be liable
for any debt, contract, or other financial commitment of the
Authority unless and until such debt, contract, or financial
commitment shall have been duly authorized by the Council of
the City of Virginia Beach.
5. The Council of the City of Virginia Beach
hereby appoints Harold Heischober as the Commissioner from
Virginia Beach, Virginia.
Adopted by the Counci 1 of the Ci ty of
Beach, Virginia, on the i:ith day of May
Virginia
, 1986.
2
5 May 1986
I I
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- 20c -
EXHIBIT A
ARTICLES OF INCORPORATION
OF "
THE SPORTS AUTHORITY OF HAMPTON ROADS,' VIRGINIA
Pursuant to the provlslons of Chapter 29, Title 15.1,
Code of Virginia of 1950, as amended, the Cities of Hampton,
Newport News, Portsmouth, Norfolk, Virginia Beach, Chesapeake,
and Suffolk, and the County of Isle of Wight, hereby jointly
create a political subdivision of the Commonwealth of Virgin-
ia, and to that end set forth the following:
1. The name of the authority is THE SPORTS
AUTHORITY OF HAMPTON ROADS, VIRGINIA and the address of its
principal office is
2. The Sports Authority of Hampton Roads, Virgin-
ia is created under Chapter 29, Title 15.1 of the Code of
Virginia of 1950, as amended.
3. The names of each of the participating politi-
cal subdivisions are: City of Hampton, City of Newport News,
City of Portsmouth, City of Norfolk, City of Virginia Beach,
City of Chesapeake, City of Suffolk, and County of Isle of
Wight.
4. The names, addresses and terms of office of
the first members of The Sports Authority of Hampton Roads,
Virginia are as follows:
NAME
ADDRESS TERM OF OFFICE
G. Elliott Schaubach
7316 Ruthven Road
Norfolk, VA 23505 4 years
Harold Heischober
Office of the Mayor
Municipal Center
Va. Beach, VA 23456 4 years
John Butt
2516 Centerville Tnpk, S.
Chesapeake, VA 23322 4 years
Aubrey H. Fitzgerald
City Hall
2400 Washington Avenue
Newport News, VA 23607 4 years
May 5, 1986
I I
- 20d -
Morton V. Whitlow
Post Office Box 488
Portsmouth, VA 23705
Ronald H. Pack
Rt. 2, Box 205-G
Smithfield, VA 23430
Robert J. O'Neill, Jr.
City Manager
City Hall
Hampton, VA 23669
James C. Adams, III
825 Craig Drive
Suffolk, VA 23434
I ,I
4 years
4 years
4 years
4 years
5. The Sports Authority of Hampton Roads, Virgin-
ia is created for the acquisition, construction, equipping,
financing, maintaining, and/or operating of a public recrea-
tional and sports facility containing one or more racetracks,
coliseums or stadiums, parks, campgrounds, and all parking,
transportation, utility, and restaurant facilities and
concessions in connection therewith.
2
may 5, 1986
I I
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- 21 -
Item II-K
CONSENT AGENDA
ITEM II 25346
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council APPROVED in ONE MOTION the Items 1, 2, 3, 4, 5, 7, 8 and 9.
Item #6 was voted upon seperately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
s. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
I I
, I ,I
-22 -
Item Il-K.l
CONSENT AGENDA
ITEM 1/ 25347
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
cost participation agreement with Merrimac Properties,
Inc. for Whitehurst Landing.
The City Manager advised the property owners of Whi tehurst Landing wi II be
afforded an opportunity for the fifty-one percent petition requirement
prior to June 30, 1986, for water connections to the City's system.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
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- 22a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT WITH MERRIMAC
PROPERTIES, INC.
WHEREAS, Merrimac Properties, Inc, is developing property on
Whitehurst Landing Road in the Kempsville Borough in accordance with the
terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide water service to
this project, it is necessary for the developer to construct certain water
facilities, and
WHEREAS, the city has requested that the developer oversize a
water distribution line and extend the line to improve the water utility
system, and
WHEREAS, such construction is beyond the scope of the developer's
project but will provide for future city needs and will prevent the city from
incurring additional costs at a later date, and
WHEREAS, the city desires to enter into a cost participation agree-
ment with the city's share of the costs at $10,385 with such costs to be
charged to capital project 5-304 Small Line Improvements
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized and directed to
enter into a cost participation agreement with Merrimac Properties, Inc. for
construction of certain water facilities. Said proposed agreement is hereby
approved and attached as Exhibit "A".
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the
5th
day of
May
, 1986.
APPRovm AS TO CONTENT
-
--'-
SiGNP.ilJkE
v ;.5 T.9 r;~,c((~
"''''~JATUR~
CITY ATTORNEY
May 5, 1986
I II
- 22b -
,~.. --......-.
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this
17th
day of October
, 1985,
by and between MERRIMAC PROPERTIES, INC., a Virginia corporation herein-
after referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the .City".
WHEREAS, Owner is seized in fee simple of property on Whitehurst
Landing Road, Virginia Beach, Virginia;
and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordin~nces; and
WHEREAS, in order for O\mer to provide water service to this
Project, it is necessary for Owne= to construct certain water
facilities: and
WHEnB~~, the City haz requested that such construction be
greater in scope than is necessary to provide service to this
Project: and
WHEREAS, such construction is of value to the City in provid-
ing service to customers other than those within the Project
limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of ~hich is on file with
the Department.
May 5, 1986
, I ,I
- 22c -
,
2. The City shall make cash payment to Owner in the amount
of ($) 10,385.00 after successful completion
of the System and acceptance thereof by the City in accordance
with the approved plans.
3. The City shall have the right at any time to make, con-
nect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the City
shall have the right at any time to use the System to serve per-
sons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves.
fittings, and all other facilities, shall be deemed dedicated
to the City of Virginia Beach as of the date of the City's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against
such claim.
6. This Agreement shall inure to the benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
May 5,~1986
I I
~
- 22d -
IN WITNESS WHEREOF, the parties hereto have executed and
sealed ~his agreement as of the day and year first above written.
ATTEST:
City Clerk
CITY OF VIRGINIA BEACH, VIRGINIA
L-~ By
(City Manager)
DATE
(SEAL)
~mRRIMAC PROPERTIES, INC.
(SEAL)
APPROVED AS TO CONTENTS:
JJ.(. ~TTL
Department of Public Utilities
APPROVED AS TO FORM:
City Attorney's Office
BY ~;r-l~e~M\
DATE
October 17, 1985
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~~.M-
Department of Finance~c
May 5, 1986
I ,I
(
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1 ,I
- 22e -
STATE OF VIRGINIA
CITY OF CHESAPEAKE
I, Christina Lynne MCMillian, a Notary Public in and for the City and
State aforesaid, do hereby certify that
Barbara Gordon
and
Allen J. Gordon
President and Secretary, respectively,
of MERRIMAC PROPERTIES. INC. whose names B.cre signed to the writing
above, bear~ng date of 10/17/85
have acknowledged the same
before me in my City and State aforesaid. .
Given under my hand this 17th day of October
1985.
My Commission Expires February 21, 1986
...
(!)~1 Lt, ~7-WI/Y1.L .11 U! 'huLLta~
Notary Public I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City
Manager and City Clerk, respectively, of the City of Virginia
Beach, this
day of
, 1985.
Notary Public
..
My Commission Expires:
May 5, 1986
I ,I
- 23 -
Item II-K.2
CONSENT AGENDA
ITEM If 25348
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $382,317 for
the purpose of lease-purchasing an aerial
apparatus truck for the Fire Department.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
I II
- 23a -
)
-
..
....
- <(
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) w
....
) I- 0
w Z
) '" w I-
;:) -;z: CI)
l- AN ORDINANCE TO APPROPRIATE $382,317
<( I- <(
Z e:::
) " -< 0 FOR THE PURPOSE OF LEASE-PURCHASING
( Vi a.. w
IJ.J AN AERIAL APPARATUS TRUCK
) 0 >
J 0 FOR THE FIRE DEPARTMENT
~ CY-
) Q~
a..
~ ~
-
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{
S, the last Insurance Services Office report identified a major
deficiency in the availability of aerial apparatus within the city of Virginia
Beach for fire fighting capability, and
WHEREAS, during negotiations for the purchase of two ladder/pumper
apparatus currently budgeted for fiscal year 1985-1986, it was determined that an
additional aerial apparatus could be purchased now at a cost savings of $32,000
and a delivery time savings of six months, and
WHEREAS, this opportunity will allow the city to address the above
deficiency and to obtain significant savings at the same time, and
WHEREAS, in consideration of the useful life of the vehicle and the
favorable financing environment, it is recommended that the appropriations of
$382,317 required to purchase the vehicle be funded from the proceeds of a lease-
purchase agreement.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA,
That $382,317 be appropriated to purchase of aerial apparatus for the
Fire Department, and
That these appropriations be financed by revenue realized from a lease-
purchase agreement.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of
, 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING:
May 5, 1986
SECOND READING:
KAR/2 ORD5
May 5, 1986
II I
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- 24 -
Item II -K. 3
CONSENT AGENDA
ITEM /I 25349
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $300,000 for the
purpose of lease-purchasing a replacement ladder truck
for the Fire Department.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
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AN ORDINANCE TO APPROPRIATE $300,000
FOR THE PURPOSE OF LEASE-PURCHASING
A REPLACEMENT LADDER TRUCK
FOR THE FIRE DEPARTMENT
WHEREAS, the last Insurance Services Office report had identified a
major deficiency in the availability of aerial apparatus within the city for fire
fighting capability,and
WHEREAS, during recent certification tests a ladder truck in the Fire
Department (vehicle #2960) was determined to be no longer safe to operate, and
subsequently declared unserviceable, and
WHEREAS, it was determined that the unit was too critical to fire
operations within the city to postpone its replacement until the next budget
cycle.
WHEREAS, in consideration of the useful life of the vehicle and the
favorable financing environment, it is recommended that the appropriations of
$300,000 required to purchase the vehicle be funded from the proceeds of a lease-
purchase agreement.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA,
That $300,000 be appropriated to purchase a ladder truck for the Fire
Department, and
That these appropriations be financed by revenue realized from a lease-
purchase agreement.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of
, 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING:
May 5, 1986
SECOND READING:
KAR/2 ORD4
I ,I
- 25 -
Item II-K.4
CONSENT AGENDA
ITEM II 25350
Upon motion by Councilman Fentress, seconded by Counci lwoman Oberndorf, City
Council ADOPTED:
Ordinance to transfer $920,000 of Capital Project Funds
from Cox High School to Salem Junior High School to
cover unanticipated project costs.
The City Manager advised Two Hundred Fifty Thousand ($250,000) Dollars of the
Capi tal Project Fund is for a forced main sewer line to serve only the Junior
High School; however, it is also sized for the High School. The balance of the
funds will be utilized for the other items stated in the AGENDA. The necessity
is for a larger building due to State mandates for attendance and graduation
requirements and the current bidding climate.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
II I
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AN ORDINANCE TO TRANSFER $920,000
OF CAPITAL PROJECT FUNDS FROM COX HIGH
SCHOOL TO SALEM JUNIOR HIGH SCHOOL TO
COVER UNANTICIPATED PROJECT COSTS
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WHEREAS, due to certain unanticipated costs and the current
bidding climate, the Salem Junior High School project is expected
to exceed the previous cost estimate, and
WHEREAS, the School Board staff recommends transferring funds
of $920,000 in the Cox High School project to Salem Junior High
School to cover the projected cost increases, and
WHEREAS, the funds to be transferred from Cox High School are
anticipated surplus and need not be replaced.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds in the amount of $920,000 are hereby
transferred from Cox High School to Salem Junior High School to
cover the projected cost increases.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia on the
__::_~fth day of
198J?
May
RATS 18/0RD5
II I
I ,I
- 26 -
Item II-K.5
CONSENT AGENDA
ITEM II 25351
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, Ci ty
Council ADOPTED:
Ordinance to transfer $130,000 within the Department of
Public Works for the purchase of two knuckle arm boom
trucks.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
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AN ORDINANCE TO TRANSFER $130,000
WITHIN THE DEPARTMENT OF PUBLIC WORKS
R THE PURCHASE OF 'IW) KNUCKLE A'RM BOa\1 TRUCKS
WHEREAS, the Bureau of Refuse Collection provides service to
minimize potential health hazards in accordance with Chapter 31 of the City
Code, and
WHEREAS, the city provides a special collection service to assist
home<::Mlers who have an occasional need to dispose of Wlky i terns such as
furni ture and appliances, and
WHEREAS, the demand for special collection services has increased
in the past three years fran 17,500 to over 30,000 calls per year, and
WHEREAS, in order to meet the demand for special collection
services, and assist in continuous efforts to minimize potential injuries
to enployees by eliminating manual labor to collect heavy bulky i tans, a
transfer of $130,000 will allow for the purchase of two additional arm boom
trucks, and
WHEREAS, the Bureau of Refuse Collection has sufficient funds in
their City Garage Charges to transfer for the purchase of these two
trucks.
NCM, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $130,000 be
transferred wi thin the Dep:irtment of Public W:>rks for the purchase of two
arm boom refuse trucks.
This ordinance shall be effective fram the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the_._..._..?-,!:~____.__..__.._.___.__ day of _._ ..M.a.y________.__ , 1986.
May 5, 1986
iii I
I ,I
-27-
Item II-K.6
CONSENT AGENDA
ITEM It 25352
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council DEFERRED until City Council Meeting of May 19, 1986, the APPOINTMENT OF
VIEWERS:
Ordinance closing, vacating, and discontinuing a
portion of that certain undeveloped street known as
Lauderdale Avenue, a fifty-foot street as shown upon
the plat entitled "amended map of Chesapeake Shores,
property of Lake Joyce Realty Corp., located at
Chesapeake Beach, scale 1" 100', Princess Anne
County, Virginia, September, 1928" (Bayside Borough),
in the petition of Donald W. and Selena Starbuck and
Richardson and Linda Bell.
Attorney David A. Miller represented the applicant.
The Viewers are:
Robert J. Scott
Director of Planning
David Grochmal
Director of General Services
C. Oral Lambert, Jr.
Director of Public Works
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
May 5~ 1986
III I
I II
- 28 -
Item II-K.7
CONSENT AGENDA
ITEM II 25353
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council APPROVED:
LOW BID to Carter-Bell Corporation in the amount
of $784,970.00 for the construction of Gatewood
Park Sewer Project CIP 6-808.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
III I
I II
- 29 -
Item II-K.8
CONSENT AGENDA
ITEM /I 25354
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Counci I APPROVED RAFFLE PERMIT:
Philipine American Community of Tidewater
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
Iii I
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- 30 -
Item II-K.9
CONSENT AGENDA
ITEM If 25355
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, Ci ty
Co unci 1 APPROVED:
Ordinance authorizing tax refunds in the amount of
$1,986.46 upon application of certain persons and upon
certification of the City Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 5, 1986
III I
I ,I
-
- 30a -
ORM NO. C.A, 7
4/21 /86
[tv!\,
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Life Federal S & L 83 RE(1/2) 901 09- 1 12/5/82 40.55
Li fe Federal S & L 83 RE{2/2) 901 09- 1 6/5/83 40.55
Life Federal S & L 84 RE ( 1 /2 ) 95335-5 12/5/83 44.89
Life Federal S & L 84 RE{2/2) 95335-5 6/5/84 44.89
Life Federal S & L 85 RE{1/2) 101231-5 12/5/84 46.34
Life Federal S & L 85 RE{2/2) 101231-5 6/5/85 46.34
ARCS Mortgage 86 RE{1/2) 108233-7 12/5/85 111. 81
William J & Evon B O'Brien 86 RE{l/2) 73446-6 10/29/85 6.00
William J & Evon B OIBrien 86 RE{2/2) 73446-6 10/29/85 6.00
S L Nusbaum & Co 86 RE{1/2) 30203-9 12/5/85 267.06
Boyd, Payne, Gates & Farthing 86 RE ( 1 /2 ) 78396-5 12/5/85 2.00
First American Federal S & L 86 RE ( 1/2 ) 88367-9 12/5/85 179.74
First American Federal S & L 86 RE{1/2) 39797-2 12/5/85 24.96
Manufacturers Hanover Mort Co 86 RE (l /2) 108958-0 12/5/85 293.96
Reliable Stores Corp 86 RE{1/2) 82025-6 12/5/85 364.00
Michael A LaGi91ia Sr 86 RE{l/2) 55337-5 12/5/85 50.00
Cameron Brown 86 RE(1/2) 30069-2 12/5/85 7.0e
Cameron Brown 86 RE{1/2) 88921-8 12/5/85 10.86
Cameron Brown 86 RE(1/2) 97340-2 12/5/85 1 5.29
Merrill Lynch Property Rec 86 RE{2/2) 37801-0 12/5/85 229.92
Crossland Capital Corp 86 RE (l /2) 70469-4 12/5/85 115.83
Lake Christopher Homes Assoc 86 RE(1/2) 55392-7 11 /19/85 3.47
United Virginia Mortgage Co 86 RE{1/2) 82521-5 12/5/85 20.0C
Steven M Jeavons N/A Pkng 113490 12/30/86 1 0 . 00
o Mitchell 86 Dog V6164 3/24/86 5.0e
Iota 1
1,986.46
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1 ,986.46 were approved by
the Council of the City of Virginia
Beach on the2-day of Mav. 1986
Certified as to payment:
Ruth Hodges Smith
City Clerk
'U_.... E: 1 not:
I ,I
- 31 -
Item II-L.
APPOINTMENTS
ITEM If 25356
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
HOUSING BOARD OF APPEALS
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY, INC.
SOCIAL SERVICES BOARD
SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY - PRIVATE INDUSTRY COUNCIL
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
TIDEWATER REGIONAL GROUP HOKE COMMISSION
u___ E:: 1 not:..
III I
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- 32 -
Item II-N.l
NEW BUSINESS
ITEM II 25357
ADD-ON
Councilman Robert Jones apologized for arriving late for the City Council
Meeting.
The Councilman was representing clients in Chespeake Courts and was delayed
by traffic.
May 5, 1986
I I
I I II
- 33 -
Item II-O.l
ADJOURNMENT
ITEM II 25358
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, and BY
ACCLAMATION, City Council ADJOURNED the meeting at 4:22 P.M.
Ll~ Q. ~C'~
Chief Deputy City Clerk
~frd-~
th Hodg s Smith, CMC
City Clerk
City of Virginia Beach
Virginia
May 5, 1986