SEPTEMBER 6, 1988
"f E3@ek@"
"WORLD'S LARGEST RESORT CITY"
C@ COUNCIL
.@ROW
I-CY K P@@R.
JR, 281 CITY HALL BUILDING
MUNICIPAL CENTER
l@.REY V -@S, j@. Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4303
C.11-E. Cil,
TUESDAY, SEPTEMBER 6, 1988
IT]24 I. CrrY MANAGER'S BRIEFING - Conference Room - 11:00 AM
A. BACK BAY PRESENTATION
'rony Iogcr, Back @y Mtional Wildlife @-fuge
B. JOINT CABLE CEIITER AGREEMENT AMENDMENTS
Owen Cowart, Joint Cable Centc@r Administrator
ITR4 II. COUNCIL CONFERENCE SESSION - Conference Room - 12 NOON
A. CITY COUNCIL CONCERM
ITEM III. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO CRDER - Myor Meyera E. oberndorf
B. ROLL CALL OF COCJNCIL
C. RE)CESS TO EXMURIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend John Winstead
Church of Christ - Creeds
B. PLEDGE CF ALLEGIANCE TO THE FLAG OF TliE UNITED STATES OF AMERICA
D. MINURES
PUBLIC REARING
1. PLANNING
a. @2tition of Dragas Homes, Inc., for the discontinuance, closure
arxl abandoruttent of a portion of CELpe Henry Drive beginning at
the Northeast corner of Cape Henry Drive and Jetty Street and
running in an Easterly direction a distance of 165.65 feet,
containing 4141 s(luar@2 feet (l,ynnhav@n Borough).
Recommendation: APPROVAL
b. Application of Dabney T. Napolitano for a Variance to Section
4.4(d) of the Subdivision Ordinance, which requires lots
created by subdivision to have direct access to a public street
at 1801 Addington Road, Cedar Cove Farm, (Lynnhaven Borough).
Recommendation: APPROVAL
c. Applications of PLAZA TOWER ASSOCIATES for Changes of Zo@n
District Classification on property located on the Southeast
side of Bonney Road, Southwest of Bendix Road, at 4429 Bonney
Road (Kempsville Borough);
From 0-2 Office District to B-3 Central Business District,
containing 2.319 acres;
AND,
From I-2 Ileavy Industrial District to B-3 Central Business
District, containing 1.995 acres.
Recommeridation: APPROVAL
d. Application of Yata Corporation for a Change of Zoning District
Classification from AG-2 Agricultural District to R-15
Residential District, at the Northwest terminus of Sea Scape
Road on Lots 6 & 7, Shipps Bay, containing 3.57 acres (Pungo
Borough) .
Deferred August 22, 1988
Recommendation-. APPROVAL
e. Application of John S. and Buily M. Hathamay, for a Change of
Zoning District Classification from R-10 Residential District
to 0-1 Office District, located on the East side of Overland
Road, 178.15 feet South of knberly Road, at 324 Overland Road,
containing 16,552.80 square feet (Kempsville Borough).
Deferred July 5 and August 22, 1988
Recommendation: DENIAL
f. Application of Jolm G. and Mary M. Williams for a Change of
Zoning District Classification from R-10 Residential District
to 0-1 Office District on property located at the Northwest
corner of Wesleyan Drive and Diamond Springs Road, containing
3.8842 acres (Bayside Borough).
Recommeridation: APPROVAL
g Application of Dick Kelly Fnterprises for a Conditional Use
Permit for a car wash at th@ southwest corner of Diamond
Springs Road alnd Baysiae Road, at 1493 Diamorid Springs Poad,
containing 2.216 acres (Bayside Bc)rough)-
Recommendation; APPROVAL
h. Application of V & M Associates for a ConJitional Use Permit
lor ati ititomobile r@pair ustabtishm@nt on property located on
the Soutb side of First Colonial Road, 400 feet more or less
East of tJ. Great 14eck Road, containing 3.1 acres (Lynnhaven
Borou,jh) .
Recommendation: APPROVAL
i. Application of Marriott Oorporation for a Conditional Use
Permit for a home for the aged on property located on the North
side of Wesleyan Drive, 150 feet more or less West of Diamorid
Springs Road, contaiiiing 3.1292 acres (Bayside Borough)
Recommendation: APPROVAL
j. Ordinance to AMEND and REORDAIN Section 4.1(m) of the
Ccmprehensive Zoning Ordinance re Subdivision Ordinance -
Design Standards for Residential Streets.
EL-ferred August 22, 1988
Recommeridation: APPROVAL
F. CRDINAICE
1. Crdinance upon SECOND READING authorizing the issuance of Water and
Sewer Bonds of the City of Virginia Beach, Virginia, in the maximum
amount oE $200,000,000 for ttie IAKE GASTON Project, subject to the
approval of the qualified voters.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If any item is removed from the consent
Agenda, it will be discussed and voted upon separately.
1. Crdinance to AMEND and REORDAIN Section 10.1 of the Oc)de of the
City of Virginia Beach, Virginia re polling places within the City
of Virginia Beach.
2. Ordiliance upon SIDCOND READING to appropriate $50,000 for
Correctional Genter expenditures for food and food service items.
3. Crdinance uloon FIRST READING to ACCEPT the $212,690 Chesapeake Bay
Initiative Grant frorn the Virginia State Water Control Board an-J to
APPROPRIATE the funds to Project 6-937 Aragona Rehabilitation.
4. AGREEMEIUS AND CRARIFICATIONS to the January 22, 1986, AGREEMENT
b(-tween the City and the School Board;
a. 'Ib establish and operate a Joint Cable Center
AN D,
b 'Ib create a Joint Cable Center Board
D,forr,d August 29, 1988
5. @dinance appointing viewrs in the petition of Virginia Beach
DeveloFment Authority for ttie closure of a portion of Bayside Road.
6. Crdinance appointing viewers in the petition of R.G. Moore Building
Corporation for the closure of portions of Pleasant Avenue, Pretty
lake Avenue and an unnamed street.
H. UNFINISHED BUSINESS
I. NEW BUSINESS
1. Ordinancc, auttiorizirij tjl,! ("i.ty @nagc@r to increasu thE! Health Care
contribution from $60.00 to $75.00/month and to do all things
necessary to iitiplernent tlie same.
J. ADJOLIRNMENT
CITY COUNCIL SESSION
RESCHEDULED
OCTOBER 31, 1988 2:00 PM
RESCIIEDULE OF OCTOBER 3
"VIRGINIA MUNICIPAL LFAGUE"
All other Sessions will be in accordance
with the City Code
- 10 -
Item IV-E.I.
MINUTES ITEM # 30033
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
September 6, 1988, AS CORRECTED.
ITEM # 29997, page 12.
APPROVAL OF THE MINUTES OF AUGUST 29, 1988.
Councilwoman McClanan ABSTAINED as she was not in
attendance a the City Council Meeting of August 29,
1988. (This item has been corrected in the
ORIGINALS)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
*Councilman Heischober ABSTAINED as he was not in attendance at the City
Council Meeting of September 6, 1988.
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
BACK BAY PRESENTATION
11:04 A.M.
ITEM # 29976
Mayor Oberndorf introduced Anthony D. Leger, Refuge Manager, Back Bay National
Wildlife Refuge. The Back Bay National Wildlife Refuge is comprised of 4,608
acres and was established in 1938 to provide habitat for migratory waterfowl.
Anthony Leger was accompanied by Kathleen Zeamer, Outdoor Recreation Planner Of
the Back Bay National Wildlife Refuge and Joann Raducha, Wildlife Biologist -
Office of Realty - U.S. Fish and Wildlife Service, Newtown Corner,
Massachusetts.
The Refuge is part of the National Wildlife Refuge System which encompasses
over 90-MILLION acres of land in 49 of the 50 states and over 430 individual
National Wildlife Refuges.
At the time of the establishment of the Back Bay National Wildlife Refuge, snow
geese were an endangered species. The snow geese are doing quite well today;
however the nation's waterfowl population is in serious trouble.
There are problems related to the unrestricted use of the beach as a highway to
North Carolina. This problem has become somewhat more manageable in the last
fifteen years, as there are less than 50 permitted individuals who travel the
beach a maximum of two times a day. This program is managed to minimize to the
greatest extent habitat damage while at the same time accommodating those few
people that were lifelong residents of the Outer Banks and depended upon the
Refuge for access. This program will most probably be phased out over time.
One of the goals of the Fish and Wildlife Service is to improve habitat in Back
Bay. There is erosion on the beachfront; however, the elevated boardwalks are
being dispensed with on the beachfront and being substituted by a laydown type
of boardwalk which can be rolled up and moved out of the way during storms.
There have been inconsistencies with the public use system. The policy, as
dictated by the National Wildlife Refuge System Administration Act, is the
Refuge is open for Wildlife Oriented Public Use as long as it does not conflict
with the primary purposes of the establishment of the Refuge. A great deal of
beach oriented, non-wildlife oriented public use tends to conflict with the
primary purposes as it entails a great deal of manpower and staff to administer
this type of program. Solutions to these problems have been investigated.
Through management in recent years, certain portions of the beaches have been
closed to all public uses. There are less than 700 pairs of piping clover in
the Continental United States which have been recently listed as threatened
under the Endangered Species Act. The bird depends on nesting areas in
Virginia and to the north and wintering areas in Virginia as well as to the
south. The Refuge has closed its northern one mile section of Beach in an
effort to provide an undisturbed resting and feeding area for shorebirds
including the piping clover.
Swimming, sunbathing, surfing and other non-wildlife oriented activities are
prohibited. Wildlife oriented activities such as hiking, nature photography,
fishing, wildlife observation, and environmental education are encouraged.
The Back Bay National Wildlife Refuge recently received a permit from the Corps
of Engineers and the City to construct a 2,000 foot long channel in Back Bay to
improve the capability of flooding the managed marshes.
In addition to the management of the land, the Refuge also deals with people
management which entails education, interpretation and enforcement. Major
emphasis has been placed on the environmental education program.
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
BACK BAY PRESENTATION
ITEM # 29976 (Continued)
In 1986 the Secretary of the Interior and the Minister of Environment in Canada
signed an agreement stating something would be done relative the declining
waterfowl populations in North America. A cooperative effort, called the North
American Waterfowl Management Plan, resulted. In 1955, during the commencement
of surveys, there were 10-MILLION breeding pintails in America. This year,
under 4-MTLLION exist. Black ducks, mallardSS, as well as many other species of
ducks, follow this same downward trend over time. There have been 460,000
acres a year of Wetland losses from the mid fifties to the mid seventies. The
Goal is to improve, enhance and acquire 6-MTLLION acres in habitat
internationally in Canada and the United States. This habitat acquisition is
concentrated in high priority waterfowl areas.
Anthony D. Leger distributed a packet from the U.S. FISH & WILDLIFE SERVTCE.
(Said information is hereby made a part of the record.) Anthony Leger
referenced the NEWS RELEASE entitled "BOUNDARY EXPANSION AT BACK BAY NATIONAL
WILJ)LIFE REFUGE", contained in the packet.
Joann Raducha, Wildlife Biologist - U.S. Fish and Wildlife Service Office of
Realty, advised the Service is developing a proposal to expand the existing
boundary at Back Bay National Wildlife Refuge. The existing refuge boundary,
established in 1938, consists of 4,608 acres. In addition, approximately 4,600
acres of open bay water within the refuge boundary were closed to the taking of
migratory birds in 1938 by Presidential Proclamation. The refuge acreage is
comprised of approximately 800 acres of barrier beach habitat and adjacent
dunes along a 4.2-mile stretch of the Atlantic Shoreline. Marshland habitat
consists of approximately 3,617 acres with scattered woodlands comprising the
remainder of the refuge acreage.
Joann Raducha displayed the Proposed Study area for the Back Bay National
Wildlife Refuge Boundary Expansion. The boundary of the Study Area is Lake
Tecumseh in the north down to Nowney Creek in the South. The eastern border is
Sand Ridge and the western border is primarily Muddy Creek up to New Bridge
Road. The Study area, within which important habitats will be identified for
acquisition, consists of approximately 8,400 acres located to the north and
west of Back Bay National Wildlife Refuge. However, the proposed acquisition
line would be within the Study Area, thus the acreage would drop from this
8,400 acres. Additional land, which will be identified for U. S. Fish and
Wildlife Service acquisition in the Environmental Assessment, will consist of
brackish marsh, wooded swamp, and upland fringe habitats within the study area.
The upland acreage will consist of low-lying agricultural lands and woodlands.
Approximatley 10 to 15% of the total acreage identified in the proposal will be
upland. Acquisition of these lands by the Service will provide long-term
protection of important wintering and migration habitat for a variety of
waterfowl. A Draft Environmental Assessment detailing the proposal will be
prepared and made available to the public for a 30-day review and comment
period by late Fall. The Environmental Assessment will address threats to
important fish and wildlife habitat within portions of the study area and will
outline various alternatives, including land acquisition by the Service which
will provide long-term protection for wildlife resources. Copies will be
available through the Regional Office in Boston, as well as througb the Back
Bay National Wildlife Refuge. Copies will also be made available to the City
for public perusal. After the 30-day review and comment period, the comments
will be examined and addressed in a Final Environmental Assessment which will
entail a second 30-day review and comment period. At the end of this, approval
would be sought through the Regional Director.
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
BACK BAY PRESENTATION
Acquisition will be on a voluntary basis between the federal government and
private property owners. The U.S. Fish and Wildlife Service's long-standing
acquisition policy is to work primarily with willing sellers, at fair market
value. Every effort will be made to exclude commercial and residential
development from the boundary delineation, particularly along the periphery of
the proposed boundary delineation. An acquisition boundary, when established,
will not place any additional regulatory controls on affected landowners other
than local, state and federal regulations already in place.
The purpose of delineating the line of the Study Area is it gives blanket
approval to acquire all the land within said line. Otherwise, approval would
have to be sought on a case-by-case basis, which is very lengthy and completely
impractical. This works as a planning tool as the budgetary process is quite
complicated. Acquisition will not take place until the approval of the entire
proposal. Lands would be purchased as funds become available. Nationwide less
than 1/2 of 1% of the land acquisition was accomplished by condemnation.
Condemnation is basically used for three reasons: (1) unclear ownership, (2)
difference of opinion of value and (3) irreparable damage to that resource.
Designated areas would be selected which would be managed to enhance the
habitat. Fields identified would be continued to be farmed for wildlife. As the
staff is not adequate for them to farm same themselves, a plan would be
developed with some of the local farmers in the area.
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
JOINT CABLE CENTER AGREEMENT AMENDMENTS
11:50 A.M.
ITEM # 29977
The City Manger introduced Gwen Cowart, Joint Cable Center Administrator, who
responded to City Council inquiries relative the JOINT CABI-E CENTER AGREEMENT
AMENDMENTS.
Councilman Moss referenced Section 5 (ii) of the JOINT CABLE CENTER AGREEMENT:
"Vacancies in the Board shall be filled by a vote
of the remaining members of the Board. Vacancies
shall be filled by the person(s) receiving the
highest number of votes. The Board will secure
consent of the candidate prior to voting. The
Board's selection will then be submitted to the
City Manager and the Superintendent of Schools for
appointment."
Councilman Moss expressed concern relative this being a passive function of the
City Manager and the Superintendent of Schools versus a very active one. The
present Board Members now have an additional power previously nonexistent. It
is appropriate for the Manager and Superintendent to appoint these individuals.
Mayor Oberndorf interpreted Councilman Moss's request as a menu of nominees
shall be offered to the Superintendent of Schools and the City Manager of
Virginia Beach and from this Menu the aforementioned rather than the Board
shall select individuals who will serve on this Committee. Same shall be
DEFERRED for AMENDMENT.
Councilman Moss referenced the deletion of paragraph vii in Section 6.b. Gwen
Cowart advised said paragraph was not deleted but expanded. It was expanded as
there was difficulty in co-ordinating other departments coming in with the two
prior users.
Gwen Cowart advised Councilwoman Parker the title was changed from Joint Cable
Center Manager to Joint Cable Center Administrator, as when the original
document was DRAFTED, a formal title had not been established.
Vice Mayor Fentress inquired relative the smaller cable system (Resort
Satellite in the Beach Borough) which does not have available Channel 28 and
Channel 29. Gwen Cowart advised the two channels perform under the Cox Cable
Franchise. The City Manager will provide background information relative this
inquiry.
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MAT T E R S OF T HE MAYOR
TTEM # 29978
Mayor Oberndorf displayed a large mallet earned by Councilman Balko the night
the new Japanese industries, Arai Seisakusho Company, Ltd. (ARS COMPANY), were
entertained. Councilman Balko assisted in opening a case of spirits.
ITEM # 29979
Mayor Oberndorf requested any inquiries relative the CONSENT AGENDA.
Councilwoman Parker referenced an Ordinance appointing viewers in the petition
of R.G. Moore Building Corporation for the closure of portions of Pleasant
Avenue, Pretty Lake Avenue and an unnamed street. (See Item IV-G.6 of the
CONSENT AGENDA.)
The City Manager advised Item 6 involves issues related to the property being
exchanged with the City of Norfolk. It is necessary to move ahead with the
appointment of viewers to resolve some of the site plan issues.
ITEM # 29980
Councilman Baum referenced the application of John S. and Emily M. Hathaway,
for a Change of ZoninR District Classification from R-10 Residential District
to 0-1 Office District, located on the East si@e of Overland Road, 178.15 feet
So t@h of Amberly Road, at 324 Overland Road, containing 16,552.80 square feet
(Kempsville Borough). (See Item TV-E.I.e of the PLANNING AGENDA.)
Councilman Baum referenced the Memorandum from Assistant City Attorney Gary
Fentress relative the determination that the proposed use of the application is
not permitted under the City's 0-1 zoning district. It was believed this
problem had been discussed with the applicant by the Permits and Inspection
Department.
ITEM # 29981
Mayor Oberndorf referenced an Ordinance to AMEND and REORDAIN Section 10.1 of
the Code of the City of Virginia Beach, Virginia re polling places within the
City of Virginia Beach. (See item TV-G.1 of the CONSENT AGENDA).
Under normal circumstances changes in polling places require legal advertising
in accordance with state statute. However, the Avalon Church of Christ
Community Hall burned and the church will be unable to act as a polling
location for the November 8, 1988 election. Susan H. Fitz-Hugh, Secretary to
the State Board of Elections, advised in her letter of September First because
of the emergency circumstances which exist, the public notification required in
Section 24.1-36 is WAIVED and the City Council can take immediate action at
their regularly scheduled meeting of September 6, 1988. Woodstock Elementary
School will be utilized as the polling location.
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C 0 U N C I L C 0 N C E R N S
TTEM # 29982
Councilman Balko advised Richard Chumney, Director of Division of Rural
Resources in New Jersey, will be moving to Virginia Beach in the Kempsville
Borough.
Councilman Balko requested Richard Chumney BRIEF City Council relative Transfer
of Development Rights. Mayor Oberndorf advised Transfer of Development Rights
started in the State of New Jersey.
TTEM # 29983
Vice Mayor Fentress expressed compliments and appreciation to the City Manager,
Chief of Police and Law Enforcement Officers on their superb performance
patrolling the major disturbance on Atlantic Avenue during the weekend.
ITEM # 29984
Vice Mayor Fentress advised concerning the tourist industry Virginia Beach is
NUMBER ONE in the amount of local tax revenues in the State of Virginia. The
City receives $18 1/2-MILLION.
ITEM # 29985
Councilman Moss referenced the proposal concerning Courthouse Elementary
School. Councilman Moss advised he had serious concerns relative the
recommendation.
ITEM # 29986
Councilman Moss referenced his correspondence to City Council relative the $8-
MILLION Road issue and whether this requires a tax increase to be financed.
Councilman Moss requested this issue be addressed during discussion of the
CAPITAL IMPROV PROGRAM.
ITEM # 29987
Councilman Perry advised the Donation Shore Homeowners Association requested
City water and sewerage. The Association has the petition and their septic
tanks have gone bad. The Director of Public Utilities will advise relative the
health hazard and the petition.
ITEM # 29988
Councilman Perry advised the disturbance on the weekend in the Beach Borough
was caused by a towing violation. Cars were being towed without any
substantiation. There should be rules and regulations relative same.
ITEM # 29989
Councilman Perry advised he had requested Members of the Norfolk City Council
provide information relative the Zoning of Reedtown and Lake Smith. The
Norfolk City Council did not know why this property was zoned in this manner.
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C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 29990
Councilman Balko referenced Mrs. Brock and her septic tank and the newspaper
articles. Hands are tied at a local level. This is a State issue. Attorney
Grover Wright and Senator Stallings were successful in resolving this problem
so Mrs. Brock could move into her new home.
1TEM # 29991
Counciiwoman Parker referenced whenever there are adjustments to the CITY
ZONING ORDINANCE, the loopholes should be closed. Councilwoman Parker
requested Pat Janezeck advise City Council relative the interpretation and
explain any "loopholes".
ITEM # 29992
Councilwoman Parker inquired relative the RIVER HOUSE. Vice Mayor Fentress
referenced this is in litigation and will be heard September 22, 1988, in
General District Court.
ITEM # 29993
Councilwoman Henley referenced the article in PASSENGER TRANSPORT entitled
"Substituting Rails for Highways" on August 15, 1988. Councilwoman Henley
distributed a copy of same to City Council. This article outlines questions
which the City Council will most probably have to address relative transit.
ITEM # 29994
Councilwoman Henley advised the American Public Transit Association has
SCHEDULED its Annual Meeting in Montreal, CANADA, the first week of October.
Councilwoman Henley will be unable to attend the VIRGINIA MUNICIPAL IZAGUE
Conference in Virginia Beach as she will be in Montreal. Vice Mayor Fentress
will also be in Montreal with TTDC.
ITEM # 29995
Councilman Perry congratulated Councilman Balko for his endeavors in behalf of
the young people of SEATACK.
- 9 -
ITIM # 29996
The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNC3:L was called to order by
@yor Meyera E. Oberridorf in the Conference Room, City Hall Building, on
Tuer,day, September 6, 1988 at 12:25 P.M.
Council Members Present:
Albert W. Balko, Tohn A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, , Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Ibncy K. Parker,
John L. Perry and William D. Sesscms, Jr.
Council Members Absent:
Harold Heischober
- 10 -
ITEM # 29997
Mayor Meyera E. Oberndorf 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. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 6, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order th6 FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
September 6, 1988 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
INVOCATTON: Reverend John Winstead
Church of Christ - Creeds
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Ttem IV-D.1
MINUTES ITEM # 29997
Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of August 29, 1988.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
Harold Heischober
Councilwoman McClanan ABSTAINED as she was not in attendance at the City
Council Meeting of August 29, 1988
1 3
Item IV-E. 1 .
PUBLIC BEARING ITEM # 29998
Mayor @yera E. Oberndorf DBCLARED a PUBLIC HEARING on:
PLAIMNG
(a) DRAGAS HAKES,INC. STREET CLOSURE
(b) DABNEY T. NAPOLITARO VARIANCE
(c) PLAZA TCWER ASSOCIATES CEANGES OF ZONING
(d) YATA CORPORATION CHANGE CF ZCNING
(e) JOHN S. AND Et4ILY M. HATHAWAY CHANGE OF ZONING
(f) JOHN G. AND MARY M. WILLIAMS CHANGE CP ZCMING
(g) DICK KELLY ENTERPRISES CONDITIONAL USE PERKRT
(h) V & 14 ASSOCIATES CCNDITIONAL USE PERMRT
(i) @IOTT CORPORATION CONDrrIONAL USE PERKIT
(j) CZO AMENERMUS
Section 4.1(m) of Subdivision DESIGN STANDARDS FOR
ordinance RESIDENRIAL STREETS
- 14 -
Item IV-E.l.a.
PUBLIC HEARING
PLANNING ITEM # 29999
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, represented the applicant
Opposition:
Alfonso I. Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, represented the
Lynnhaven Colony Civic League and distributed photographs showing existing
buffer. (Said photographs are hereby made a part of the record.)
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED subject to compliance of conditions by March 13, 1989, an Ordinance
upon application of DRAGAS HOMES, INC. for the discontinuance, closure and
abandonment of a portion of Cape Henry Drive.
Applicant of Dragas Flornes, Inc., for the
'iscontinuance, closure and abandonment of a
portion of Cape Henry Drive beginning at the
northeast corner of Cape Henry Drive and Jetty
Street and running in an easterly direction a
distance of 165.65 feet. Said parcel contains 4141
square feet. LYNNIIAVEN 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. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to ensure that
all lots have access to a public street.
3. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the right-of-way
proposed for closure.
4. At the time of development, all existing vegetation
within this portion of right-of-way to be closed
shall be retained, where feasible. Category III
screening (trees with no undergrowth) shall be
planted along VEPCO's easement. Any tree-
protection plan shall be submitted for review and
APPROVAL by the City's Landscape Administrator.
5. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of approval by City Council.
1 5
Item IV-E. 1 a.
PI]BLIC HEARING
PLANNING ITEM # 29999 (Continued)
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Myor Robert E.
Pentress, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Cc)uncil Members Voting Nay:
Barbara M. Henley, Reba S. McClanan and Mayor @yera
E. Cberndorf
Council Members Absent:
Harold Heischober
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS CAPE HENRY DRIVE (FORMERLY HOLLY
AVENUE) AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING PORTION OF CAPE
HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TO LOT 11, BLOCK 7, PLAT OF
LYNNHAVEN SHORES, LYNNHAVEN BOROUGH -
VIRGINIA BEACH, VIRGINIA TO BE CLOSED,
VACATED AND DISCONTINUED".
WHEREAS, it appearing by Affidavit that proper
notice has been given by Dragas Homes, Inc. that it would
make application to the Council of the City of Virginia Beach
on August 8, 1988 to have 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.1
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
street be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said parcel of land containing .095 acres is shown
on that certain plat entitled "Plat Showing Portion of Cape
Henry Drive (Formerly Holly Avenue) Contiguous to Lot 11,
Block 7, Plat Of Lynnhaven Shores, Lynnhaven Borough -
Virginia Beach, Virginia To Be Closed, Vacated And
liIt
Discontinued", dated June 21, 1988 and prepared by Rouse-
Sirine Associates, Ltd.
A certified copy of this ordinance shall be
recorded in the Clerk's Office of the City of Virginia Beach,
Virginia indexed in the name of the City of Virginia Beach.
SECTION ill
This ordinance shall be in effect sixty (60) days
from the date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of 1988.
sks/dragas/ord.clos
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PROPERTY LINE INFORMATION SHOWN HEREON IS BASED ON PLATS OF RECORD AND IS SUBJECT
TC) FIELD VERIFICATION.
AREA OF STREET TO BE VACATED 4141 SO. FT = 0.095 ACRE.
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JETT (6dR/W) STREET
PLAT SHOWING
PORTION OF CAPE HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TO LOT I 1, BLOCK T PLAT OF LYNNHAVEN SHORES
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
TO BE CLOSED, VACATED AND DISCONTINUED
SCALE: I " = 20' JUNE 21, 1988
ROUSE - SIRINE ASSOCIATES. LTD.
SURVEYORS AND ENGINEERS
- 16 -
Item IV-E.I.b.
PUBLIC IEEARING
PLANNING ITEM # 30000
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED the application of DABNEY T. NAPOLITANO for a Variance to Section
4.4(d) of the Subdivision Ordinance, which requests lots created by subdivision
to have direct access to a public street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Dabney T. Napolitano.
Property is located at 1801 Addington Road. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The applicant shall forego the right to request
additional variances on the property.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 17 -
Item IV-E.l.c.
PUBLIC HEARING
PLANNING ITEM # 30001
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED Ordinances upon application of PLAZA T'OWER ASSOCIATES for Changes of
Zoning:
ORDINANCE UPON APPLICATION OF PLAZA TOWER
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-2 TO B-3 Z09881212
BE TT HEREBY ORDATNED BY THE COUNCIL OF THE CTTY OF VIRIGNIA BEACH, VIRIGNIA
Ordinance upon application of Plaza Tower
Associates for a Change of Zoning District
Classification from @-2 Office District to B-3
Central Business District on the southeast side of
Bonney Road, 350 feet more or less southwest of
Bendix Road Said parcel is located at 4429 Bonney
Road and contains 2.319 acres. More detailed
information is available in the Department of
Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PLAZA TOWER
ASSOCIATES FOR A CHANGE OF ZONING DISTRTCT
CLASSIFICATION FROM 1-2 TO B-3 Z09881213
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNTA
Ordinance upon application of Plaza Tower
Associates for a Change of Zoning District
Classification from f--2 Heavy Industrial District
to B-3 Central Business District on certain
property located 200 feet south of Bonney Road, 350
feet more or less southwest of Bendix Road. Said
parcel is located at 4429 Bonney Road and contains
1.995 acres. More detailed information is available
in the Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
- 18 -
Item IV-E.l.c.
PUBL13C HEARING
PLANNING ITEM # 30001 (continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Paum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Jobn
D. Moss, Mayor Meyera E. Oberndorf, %ncy K. Parker,
John L. Perry and William D. Sessans, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 19 -
Item IV-E.I.d.
PUBLIC HEARING
PLANNING ITEM # 30002
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City
Cuncil ADOPTED an Ordinance upon application of YATA CORPORATION for a Change
of Zoning:
ORDINANCE UPON APPLICATION OF YATA CORPORATION FOR
A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM
AG-2 TO R-20 (AS MODIFIED) Z09881214
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VTRGINIA
Ordinance upon application of Yata Cbrporation by
Bob Josephberg, President, for a Change of Zoning
District Classification from AG-2 Agricultural
District to R 15 R-20 (AS MODIFIED) Residential
District at the northwest terminus of Sea Scape
Road on Lots 6 & 7, Shipps Bay. Said parcel
contains 3.57 acres. Pungo Borough.
The following condition shall be required:
1. The applicant shall record a private deed
restriction stating that no structure would be
closer than thirty-feet (30') to the property line
of Lot #8. This document is to be recorded in the
Office of the Clerk of Circuit Court.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
2 0
Item IV-E.l.e.
PUBLIC HEARING
PLANNI[BG ITEM # 30003
Attorney Robert B. Cromwell, Pembroke Cne, Phone: 499-8971 represented the
applicant and requested DEPERRAL to enable attendance of all members of City
Council and the ability to review the meinoraridum from City Attorney Gary
Fentress with the Zoning Administrator.
Upon motion by Oouncilman Moss, seconded by Vice Myor Fentress, City Council
DEFIERRED until the City Council Meeting of September 26, 1988, an Ordinance
upon application of JOHN S. AND EMILY M. HATHAWAY for a Change of Zc)ning:
CRDINANCE UPON APPLICATION OF JOHN S. AND EMILY M.
HATHAWAY FOR A CHANGE OF ZONING DISTRICT
CTASSIFICATION FRCM R-10 TO 0-1
Ordinance upon application of John S. and anily M.
Hathavoy for a Change of Zon str ic t
Classification from R-10 Residential District to
0-1 Office Districton certain property located on
the east side of Overland Road, 178.15 feet South
of Anberly Road. Said parcel is located at 324
Overland Road and contains 16,552.80 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Pentress, Barbara M. Hen]-ey, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 21 -
Item IV-E.I.f.
PUBLIC HEARING
PLANNING ITEM # 30004
Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the
applicant
Clell Smith, 1069 Colonial Meadows Way, Phone: 496-9441, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of JOHN G. AND MARY M. WILLIAMS for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF JOHN C. AND MARY M.
WILLTAMS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATTON FROM R-10 TO 0-1 Z09881215
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNTA BEACH, VIRGINIA
Ordinance upon application of John G. and Mary
Williams for a Change of Zoning District
Classification from R-10 Residential District to
0-1 Office District on certain property located at
the northwest corner of Wesleyan Drive and Diamond
Springs Road. Said parcel contains 3.8842 acres.
More detailed information is available in the
Department of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 22 -
Item IV-E.l.g.
PUBLIC HEARING
PLANNING ITEM # 30005
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of DICK KELLY ENTERPRISES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DICK KELLY
ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR A CAR
WASH R09881166
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dick Kelly
Enterprises, VA Partnership #8 for a Conditional
Use Permit for a car wash at the southwest corner
of Diamond Springs Road and Bayside Road. Said
parcel is located at 1493 Diamond Springs Road and
contains 2.216 acres. More detailed information is
available in the Department of Planning. BAYSIDE
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 23 -
Item IV-E.I.h.
PUBLIC HEARING
PLANNING ITEM # 30006
Attorney Robert B. Cromwell, Pembroke One, Phone: 499@8971 represented the
applicant and presented a design drawing of the building depicting a white
brick with a cedar shake, mansard roof facility. This facility will utilize
the existing curb cut into the Great Big Greenhouse Facility.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of V & M ASSOCIATES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF V & M ASSOCTATES FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBTLE REPAIR
ESTABLISHMENT R09881167
BE TT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINTA BEACH, VIRGINIA
Ordinance upon application of V & M Associates, a
Virginia Partnership for a Conditional Use Permit
for an automobile repair establishment on certain
property located on the south side of First
Colonial Road, 400 feet more or less east of North
Great Neck Road. Said parcel contains 3.1 acres.
More detailed information is available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
2. The design drawing submitted September 6, 1988,
shall be made a part of the record and adherred to
in construction.
3. Landscaping shall be in accordance with the
applicable Ordinance and subject to Staff approval.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
- 24 -
Item IV-E.l.h.
PUBLIC HEARING
PLANNING ITEM # 30006 (Continued)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
"Councilman Sessoms ABSTAINED as he does business with V & M Associates.
- 25 -
Item IV-E.I.i.
PUBLIC HEARING
PLANNING ITEM # 30007
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Nancy Vaille, represented Signet Bank and advised a walkway could be added
between the Bank facility and the Marriott facility. A walkway is not
scheduled at the present time.
Upon motion by Councilman Perry, seconded by Councilwoman Henley, City Council
ADOPTED an Ordinance upon application of MARRIO'IT CORPORATION for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF MARRIOTT CORPORATTON
FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE
AGED R09881168
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Marriott Corporation
for a Conditional Use Permit for a home for the
aged on certain property located on the north side
of Wesleyan Drive, 150 feet more or less west of
Diamond Springs Road. Said parcel contains 3.1292
acres. More detailed information is available in
the Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Van transportation service shall be provided to
residents.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. Approval is for a maximum of one-hundred forty two
(142) beds.
4. ) Fifty-Seven (571 parking spaces are
to be provided. The site plan is to show
provisions for ai:)f (6) fourteen (14) additional
parking spaces if, at a later date, City Council
deems additional parking is needed.
5. A fence is to be provided along the northwestern
boundary.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September, Nineteen Hundred and Eighty-eight.
- 26 -
Item IV-E. 1 i.
PUBL:[C HERRING
PLANNING ITEM # 30007 (Cc)ntinued)
Voting: 10-0
Council members Voting Aye:
Albert W. Balko, John A. Baum, Vice Dbyor Robert E.
Ebntress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Myera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessafts, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
This Item %es brought forward after Item IV-E.l.f . (JOHN G. and MARY M.
WILLIAMS for a Change of Zoning)
2 7
Itein IV-F. 1 j
PUBLIC HE&RING
PLANNING ITEM # 30008
Richard L. 'Tuck' Bowie c/o Talbot & Associates, 100 Landmark Square, Phone:
340-0322 spoke in opposition to the Amendment.
Upon motion by Oouncil-man Moss, seconded by ac)uncilwoman Parker, City Council,
AMPTED, AS AMENDED*:
Ordinance to AMEND and RECRDAIN Section 4.1(m) of
the Ccaprehensive Zoning Ordinance re Subdivision
Ordinance - Design Stand ard s for Residential
Streets.
*Arnended as per revisions contained in the Director of Public Work's, C. Oral
Lambert, Jr., letter of September 1, 1988.
minimum Minimum Paved Width
R/W Width (face to face of curb)
(feet) (feet)
Arterial 80 52
Collector 60 36
minor;
a. Serving commercial or 60 36
industrial uses
b. Servinq residential
lots of 7,500 square feet
or more, or fewer than
10 lots of less than
7,500 square feet on a
cul-de-sac. 50 30
c. -Serving 1 0 or more
residential @lots of
less than 7,500 sq. ft. 60 36
d. Serving townhouse lots in
@e R-2.5 zoning category 50 30
Marginal Access 40 30
Alley 24 20
Residential cul-de-sac 40 30
28 -
Item IV-F. 1 j
PUBLIC BEARING ITEM # 30008 (Cc)ntinued)
P@ING
Voting: 7-3
Council Members Voting Aye:
Vice Mayor Robert E. Fentress, Barbara M. Henley,
Reba S. @Clanan, John D. Moss, Mayor Meyera E.
r,berndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
John A. Baum, Albert W. Balko and John L. Perry
Council Members Absent:
Harold Heischober
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
4.1(m) OF THE SUBDIVISION ORDINANCE
PERTAININC TO DESICN STANDARDS FOR RESIDENTIAL STREETS
BE TT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.1(m) of the Subdivision Ordinance pertaining to design
standards for residential streets is hereby amended and reordained as follows:
(m) Street right-of-way widths shall be as specified in officially
adopted elements of the comprehensive plan relating to streets. Where not
shown therein, pavement widths and right-of-way widths for public streets
shall be in relation to the proposed density and/or the land use of the
property adjacent to the roads and within the parcel sought to be subdivided,
but in no case, be less than as follows:
Minimum Minimum Paved Width
R/W Width (face to face of curb)
(feet) (feet)
Arterial 80 52
Collector 60 36
Minor:
a. Serving commercial or 60 36
industrial uses
b. Serving residential uges
lots of 7,500 square feet
or more, or fewer than
10 lots of less than
7,500 square feet on a
cul-de-sac. 50 30
c. Serving 10 or more
residential lots of
less than 7,500 sq. ft. 60 36.
d. Serving townhouse lots in
the R-2.5 zoning category 50 30
Marginal Access 40 30
Alley 24 20
Residential cul-de-sac 40 30
If further discussion is required, our staff will be available to review this
with you and/or City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth
day of September 1988.
- 29 -
Item IV-F.I.a.
ORDINANCE ITEM # 30009
The following spoke relative LAKE GASTON:
Alexander Platt, 2925 Cape Henry Drive, Phone: 481-6001, spoke in a neutral
capacity regarding elevation of Lake Gaston and possibility of a desalination
plant.
Robert J. Boyd, 830 Biltmore Drive, Phone: 498-5447, APPROVED of the LAKE
GASTON Project but not the method of financing the pipeline.
Clarence Warnstaff, Director of Public Utilities and Thomas Leahy, Water
Resource Engineer, responded to the citizen's concerns.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED the Resolution:
Resolution that the City Council through a court
order will ask the Circuit Court to pass the
question on the November 1988 ballot re LAKE GASTON
PROJECT
AND, APPROVED the QUESTION for the BALLOT:
Shall the City of Virginia Beach finance the Lake
Gaston water supply and transmission system by the
issuance of its general obligation bonds in an
amount not to exceed $200,000,000, together with
other available funds, secured by a pledge of the
City's full faith and credit and the revenues of
its water and sewer system, which bonds shall be
issued pursuant to Article VII, Section 10(a) (2)
of the Constitution of Virginia?
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
APPROYgO A@TO FO@M:,
CITY"A@TORf4EY
RESOLUTION
2
3
4 WHEREAS, City Council has reviewed the financial and
5 legal requirements with its advisors concerning the ballot
6 question for the Lake Gaston water Supply and Transmission
7 System;
8 WHEREAS, the city Council and staff have carried out
9 extensive studies for alternative water sources;
10 WHEREAS, these studies have determined that the Lake
11 Gaston water Supply and Transmission system is the best means to
12 provide a reliable and adequate water source at the most reason-
13 able cost;
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH, VIRGINIA:
16 That the City Council of the City of Virginia Beach
17 will, through a proper court order, ask the Circuit Court of the
18 City of Virginia Beach to pose the question on the ballot in
19 substantially the same wording as the attached Exhibit 1.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 6 day of September 1988.
22
23 JDB/cb
24 09 / 0 2 / 8 8
25 CA-2935
26 BALLOT.RES
Requested by councilman 8arold Heischober
Shall the City of Virginia Beach finance the
Lake Gaston water supply and transmission
system by the issuance of its general obli-
gation bonds in an amount not to exceed
$Z-00,000,000, together with other available
funds, secured by a pledge of the City's full
faith and credit and the revenues of its
water and sewer system, which bonds shall be
issued pursuant to Article VII, Section
10(a)(2) of the Constitution of Virginia?
Exhibit 1
30 -
Item -F.Ib
ORDINANCE ITEM # 30010
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Henley, City
Council ADOPTED upon SECOND READING:
Ordinance authorizing the issuance of Water and
Sewer Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $200,000,000 for
the LAKE GASTON Project, subject to the approval of
the qualified voters.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 WATER AND SEWER BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $200,000,000, SUBJECT TO THE
5 APPROVAL OF THE QUALIFIED VOTERS
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 1. it is hereby determined to be necessary and
11 expedient for the City of Virginia Beach to undertake the Lake
12 Gaston water supply and transmission system, which will promote
13 the health and general welfare of the City and its inhabitants,
14 and to borrow money for such purpose and issue the City's general
15 obligation bonds therefor.
16 2. Pursuant to Article VII, Section 10(a)(2) of the
17 Constitution of Virginia, the Charter of the City of Virginia
18 Beach and the Public Finance Act, as amended, there are hereby
19 authorized to be issued water and sewer bonds of the City in an
20 amount not to exceed $200,000,000 to provide funds, together with
21 other available funds, to finance the Lake Gaston water supply
22 and transmission system.
23 3. The bonds shall bear such date or dates, mature at
24 such time or times not exceeding 40 years from their dates, bear
25 interest at such rate or rates not to exceed 15% per year, be in
26 such denomination and form, be executed in such manner and be
27 sold at such time or times and in such manner as the Council may
28 hereafter provide by appropriate resolution or resolutions.
29 4. The water and sewer system is an undertaking from
30 which the City may derive a revenue, and such bonds are not to be
31 included within the otherwise authorized indebtedness of the
32 City; provided, however, that from and after a period of five
33 years from the date of the election approving the bonds, whenever
34 and for so long as the water and sewer system fails to produce
35 sufficient revenue to pay for the cost of operation and adminis-
36 tration (including interest on bonds issued therefore), the cost
37 of insurance against loss by injury to persons or property, and
38 an annual amount to be placed into a sinking fund sufficient to
39 pay the bonds at or before maturity, all outstanding bonds issued
40 on account of such undertaking shall be included in determining
41 the limitation of the power of the City to incur indebtedness.
42 5. The bonds shall be general obligations of the City
43 for the payment of principal of and interest on which its full
44 faith and credit, as well as the revenues from its water and
45 sewer system, shall be irrevocably pledged.
46 6. The bonds shall not be issued until approved by a
47 majority of the qualified voters of the City voting on the ques-
48 tion of their issuance at an election to be held in the City.
49 7. The City Clerk is hereby authorized and directed to
50 cause a certified copy of this ordinance to be presented to the
51 Circuit Court of the City of Virginia Beach, Virginia, which is
52 hereby requested to order an election to submit to the qualified
53 voters of the City the question of the issuance of the bonds
54 provided for herein.
55 8. This ordinance shall be in full force and effect
56 from its passage.
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the 6 day of September 1988.
59
60 First Reading: August 29, 1988
61 Second Reading: September 6, 1988
62 Approved:
63
64
65 Mayor, City of Virginia
66 Beach, Virginia
67
68
69 JDB/cb
70 08/29/88
71 CA-2857
72 BOND1.ORD
2
- 31 -
Item IV-G.
CONSENT AGENDA ITEM # 30011
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED in ONE MOTION Item 1, 2, 3, 411 and 5 of the CONSENT AGENDA.
4@Item 4 was APPROVED for DEFERRAL until the City Council Meeting of September
19, 1988.
Item 6 was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 32 -
Item IV-G.1
CONSENT AGENDA ITEM # 30011
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 10.1 of the
Code of the City of Virginia Beach, Virginia re
polling places within the City of Virginia Beach.
(Woodstock Elementary School.)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
APP B
$S TO,
ATTO R N@Ev
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 10.1 OF TIIE CODE OF THE
2 CITY OF VIRGINIA BEACH, VIRGINIA,
3 PERTAINING TO POLLING PLACES
4 WITHIN THE CITY OF VIRGINIA BEACH
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 10.1 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained to read as
11 follows:
12 Section 10-1. Establishment of election districts and voting
13 places.
14
15 There are hereby established in the City of Virginia
16 Beach the following election districts and their respective
17 voting places, as set forth below:
18
19
20 ELECTION DISTRICT VOTING PLACES
21
22
23
24 Alanton Alanton Elementary School
25 Aragona Adult Learning Center
26 Arrowhead Arrowhead Elementary School
27 Bayside Bayside Elementary School
28 Bellamy Indian i,akes Elementary School
29 Blackwater Blackwater Fire Station
30 Bonney Center for Effective Learning
31 Brandon Brandon Junior High School
32 Cape Henry Research and Enlightenment
33 Building
34 Capps Shop Mosquito Control Building
35 Chesapeake Beach Chesapeake Beach Fire Station
36 College Park College Park Elementary School
37 Courthouse Courthouse Fire Station
38 Creeds Creeds Fire Station
39 Davis Corner Bettie F. Williams Elementary
40 School
40 School
41 Fairfield Fairfield Elementary School
42 Great Neck John B. Dey Elementary School
43 Green Run Green Run Elementary School
44 Holland Holland Elementary School
45 Homestead Providence Presbyterian Church
46 Kempsville Point of View Elementary School
47 Kings Grant Kings Grant Elementary School
48 Kingston Kingston Elementary School
49 Lake Christopher New Covenant Presbyterian Church
50 Lake Smith Shelton Park School
51 Larkspur St. Andrews United Methodist
52 Church
53 Linkhorn The Evangelical Lutheran Church
54 of the Good Shepherd
55 Little Neck St. Aidan's Episcopal Church
56 London Bridge London Bridge Baptist Church
57 Lynnhaven Lynnhaven Colony United Church of
5 8 Christ
59 Magic Hollow Roma Lodge No. 254
60 Malibu Malibu Elementary School
61 Mt. Trashmore Windsor Woods Elementary School
62 Oceana Scott Memorial United Methodist
63 Church
64 Ocean Park Bayside Christian Church,
65 Old Donation Old Donation Center for Gifted
66 Pembroke Pembroke Meadows Elementary
67 School
68 Plaza Lynnhaven Elementary School
69 Providence Kempsville Recreation Center
70 Red Wing Fire Training Center
71 Salem Word of Life Christian Center
72 Seatack Seatack Elementary School
73 Shannon Kempsville Elementary School
74 Sigma Sandbridge Fire Station
2
75 Stratford Chase Providence Elementary School
76 Thalia Thalia Elementary School
77 Thoroughgood Independence Junior High School
78 Timberlake White Oaks Elementary School
79 Traiitwood Virginia Beach Christian Church
80 Virginia Beach - A Galilee Episcopal Church
81 Virginia Beach - B Virginia Beach Junior High School
82 Virginia Beach - C Cc)oke Elementary School
83 Windsor Oaks Windsor Oaks Elementary School
84 Witchduck Bayside Presbyterian Church
85 Wolfsnare Eastern Shore Chapel
86 Woodstock Avaion-ehdreh-of-ehrist
87 Woodstock Elementary School
8 8
89 Central Absentee Voter
90 Election District Agriculture/Voter Registrar
91 Building
92
93 Pursuant to the Voting Rights Act, this ordinance
94 shall not be efeective until approved by the United States
95 Department of Justice.
96 JDB/epm
97 09/01/88
98 CA-2934
99 \ordin\proposed\10-001.pro
10 0
ADOPTEDi September 6, 19ae
3
- 33 -
Item IV-G.2
CONSENT AGENDA ITEM # 30012
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED upon SECOND READING:
Ordinance upon SECOND READING to appropriate
$50,000 for Correctional Center expenditures for
food and food service items.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
01 u r kill 111.
lell@
7YRTTORREY
AN CRDINATCE TO APPROPRIATE FUNDS IN UM AMAM
OP $50,000 FOR GO l@ C EXPENDITURES
WHEREAS, the average daily i@te pcpulation is exceeding the FY87-88
estimtes, and
MIM @@, the actual expenditures for food and food service items required is
also exceeding estimates, and
WHEREAS, additional appropriations of $50,000 are necessary to fund these
expenditures. and
WHEREAS, the additional appropriations will be offset by increased revenues
fran the Ccmmrrwealth for the operation of the correctional facility based on the
nuwber oE irlmtes.
", @EFCRE, BE IT ORDAI@ BY TIIE OOUNCIL OF 'HiE CITY OF VItUrNIA BEAM,
VIRGINIA, that ftinds in the amaint oE $50,000 be appropriated to the Sheriff's
Departmnt F'Y87-88 Operatirig Budget for increased food and food service
expenditures, and
BE IT EUR@ ORDAINM, that estinoted revenue Ercm the Cammrzwealth be
increased by $50,000 to offset these expenditures.
This ordinance shall be in effect froin the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
6 day of September 1988.
FIRSr READIW.: August 29, 1988
s READING: September 6, 1988
34 -
Item IV-G.3
CONSENT AGENDA ITEM # 30013
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT the $212,690 Chesapeake Bay
Initiative Grant from the Virginia State Water
Control Board and to APPROPRIATE the funds to
Project 6-937 Aragona Rehabilitation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
C)
AN ORDINANCE TO ACCEPT A GRANT IN THE
AMOUNT OF $212,690 FROM THE VIRGINIA STATE
WATER CONTROL BOARD AND TO APPROPRIATE THE FUNDS
TO PROJECT 6-937 ARACONA REIIABILITATION
WHEREAS, the City of Virginia Beach seeks to enter inlo a grant
contract with the Virginia BL&LO Water Control Board which will provide the city
WiLh $212,690 of state grants funds, and
WHEREAS, the grant funds are to be used to investigate a portion of the
ciLy's wastewaler collection system, determine the locations and Lhe amount of
infiltration and inflow, identify system deficiencies, make repairs to reduce or
eliminaLe the excessive infiltration and inflow, and conduct a follo@up study to
evaluate the effeclive of the corrective measures, and
WHEREAS, Lhe city will apply the grant to project 6-937 Aragona
RehabiliLation which is needed to identify areas wilh cave-in problems due Lo
pipeline failures, areas with excessive infiltralion and inflow, and areas
experiencing perpetual mainlenance problems.
NOW, TIIEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA that a grant in the amount of $212,690 from the Virginia State
Water Control Board is hereby accepted and appropriated to projecl 6-937 Aragona
Rehabilitation.
BE IT FURTHER ORDAINED the the appropriation be offset by an increase
of $212,690 in estimated revenue in Lhe waler and sewer capilal project fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of Lhe CiLy of Virginia Beach, Virginia on the
day of 1988.
First Reading: September 6, 1988
Second Reading;
Contract 414-S-88-15
COMMONWEALTH OF VIRGINIA
Chesai)eake Bay Initiative a
I
This contract is made this _ day of by and
between the Virginia State Water Control Board, herainaftlr called'
the "Grantor", and the City of Virginia Beach, here inafter called the
"Grantee".
WITNESSETE that the Grantee and the Grantor, in 00noideration of
t,he mutual covenants, promises and stipulations herein Contained,
agree as followd:
SCOPE OF SERVICES: The Grantee shall provide the Bervices as
set forth in Attachment A, Scope of Work. All work shall be
performed according to good engineering and construction practice.
TIME OF PERFORMANCE: The services of the Grantee shall commence
on July 24, i987 and terminate on July 24, 1991
the
period of performance being 48 months.
COMPENSATION: The Grantee shall be paid by the Grantor as sat
forth in Attachment B.
GENERAL PROVISIONS:
1. LIABILITY: The Grantee shall take out and ma intain during
the life of this Agreement such bodily injury liability and property
damage liability insurance, or self-insurance, as shall protect
him/it from claims for damages for personal injury, in'luding death,
as well as from claims for property damage, ,hich niay arise from
his/its activities under this Agreement.
-2-
The Grantee shall indemnify and hold harmless the Grantor and
the Commonwealth of Virginia and when applicable, its employees and
designated representatives, from any and all claims, suits, actions
and costs of any kind, caused by the performance by the Grantee of
his/its work pursuant to this Agreement. Nothing contained herein
shall be deemed an express or implied waiver of the sovereign
immunity of the Commonwealth.
Neither the Grantee, its/his employees, assignees or
subcontractors shall be deemed employees of the commonwealth of
Virginia or of the Grantor while performing under this Agreement.
2. DISCLAIMER: Nothing in this Agreement shall be construed An
authority for either party to make commitments which will bind the
other party beyond the Scope of Services contained herein. This
contract is subject to appropriations by the Virginia General
Assembly.
3. TERMINATION: In the event of breach by the Grantee of this
Agreement, the Grantor shall have the right to immediately rescind,
revoke or terminate the Agreement. In the alternative the Grantor
may give written notice to the Grantee specifying the manner in which
the Agreement has been breached. If a notice of breach is given and
the Grantee has not substantially corrected the breach within 30 days
of receipt of the written notice, the Grantor shall have the right to
terminate this Agreement.
-3-
The Grantee shall be paid for no service rendered or expense
incurred after receipt of such notice except such fees and expenses
incurred prior to the effective date of termination that are
necessary for curtailment of its/his work under this Agreement. In
the event of rescission, revocation or termination, all documents and
other materials related to the performance of this Agreement shall,
at the option of the Grantor, become the property of the Commonwealth
of Virginia.
4. INTEGRATION AND MODIFICATION: This contract and its
references constitute the entire Agreement between the Grantee and
the Grantor. No alteration, amendment or modification in the
provisions of this Agreement shall be effective unless reduced to
writing, signed by both the parties and attached hereto.
5. COLIATERAL CONTRACTS: Where there exists any inconsistancy
between this Agreement and other provisions of collateral contractual
acjreements which are made a part of this Agreement by reference or
otherwise, the provisiona of this Agreement shall control.
6. NON-DISCRIMINATION: In performance of this Agreement, the
Grantee warrants that it will not discriminate against any employee,
or other person, on account of race, color, sex, religious creed,
ancestry, age, national origin or other non-job related factors. The
GraLntee agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions
of this non-discrimination clause.
-4 -
The Grantee shall, in all solicitations or advertisements for
employees placed by or on behalf of the Grantee, state that such
Grantee is an equal opportunity employer; however notices,
advertisem,ents and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of
meeting the requirements of this contract.
The Grantee shall include the provisions of the foregoing
paragraphs in every subcontract or purchase order of over ten
thousand ($10,000) dollars, so that such provisions will be binding
upon each subcontractor or vendor.
7. APPLICABLE LAWS: This Agreement shall be governed in all
respects whether as to validity, construction, capacity, performance
or otherwise, by the laws of the Commonwealth of Virginia.
S. SEVERABILITY: Each paragraph and provision of this Agreement
is severable from the entire Agreement; and if any provision is
declared invalid, the remaining provisions shall nevertheless remain
in effect, at the option of the Grantor.
9. CONTINGENT . RRANTY: The Grantee warrants that is has
not employed or retained any person or persons for the purpose of
soliciting or securing this Agreement. The Grantee further warrants
that it has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon the award or making of this Agreement.
-5-
For breach of ons or both of the foregoing warranties, the
Grantor shall have the right to terminate this Agreement without
liability, or, in its discretion, to deduct from the agreed fee,
payment or consideration, or otherwise recover, the full amount of
said prohibited fee, commission, percentage, brokerage fee, gift, or
contingent fee.
10. CONFLICT OF INTEREST: The Grantee warrants that it has fully
complied with the Virginia conflict of Interest Act.
11. FINANCIAL RECORDS AVAILABILITY: The Grantee agrees to retain
all books, records, and other documents relative to this Agreement
for five (5) years after final payment, or until audited by the
Commonwealth of Virginia, whichever occurs first. The Grantor, its
authorized agents, and/or State auditors shall have full access to
and the right to examine any of said materials during said period.
12. ONNERSHIP OF DOCUMENTS: Any reports, studies, photographs,
negatives, or other documents prepared by the Grantee in the
performance of its obligations under this contract, at the option of
the Grantor, shall be remitted to the Grantor by the Grantee upon
completion, termination or cancellation of this contract. Grantee
shall not use, willingly allow or cause to have such materials used
for any purpose other than performance of Grantee's obligations under
this contract without the prior written consent of the Grantor.
IN WITNESS THEREOR, the parties have caused the Agreement to be
executed by the following duly authorized officials:
GRANTEE GRANTOR
This contract has been
Aubrey V. Watts, Jr. reviewed by staff of the
Grantor. Its substanti,
terms are appropriate an
sufficient funds have
been obligated for its
performance.
TITLE:-City Manager BY:
DATE: TITLE: ir 0
DATE:
This contract is approved as to form by the Attorney General.
Assistant Attorney General Da@ a
ATTEST:
APPROVED AS TO CONTENTS:
Dep,Krtmt-nt of Public Utilities
APPROVED AS TO FORM:
City Ytorn@ Off
-7-
ATTACHMENT A
SCOPE OF WORK
City of Virginia Beach
FY 1988 I/I Rehabilitation Project
1. SCOPE OF SERVICES
1. General: The intent of this project is to investigate a portion
of the City's wastewater collection system, determine the locaiions
and the amount of infiltration and inflow (I/I) , identify system
deficiencies causing the I/l, and make repairs to reduce or eliminate
the excessive I/I. once the repair work has been cOmPleted, a
follow-up study will be made to evaluate the effectiveness of the
corrective measures. The project area will include:
The area designated by the City as Aragona Rehabilitation
Section I, including subareas served by PUMP Stations-is-c
(Aragona-Witchduck), ISA (Aragona-Haygood Shopping Center), and
15C (Aragona-Witchduck Landing). This project is located in the
watershed of the Western Branch of the Lynnhaven River. it is
generally bounded to the north by Haygood Road; to the east by
the Thurston Branch of the Lynnhaven River and Independence
Boulavardi to the south by Bunker Hill Lane and Kellam Road; and
to the west by Lynbrook Landing and Broad Meadows Road (see
attached location map, Page 11).
2. Detailed Prolect Rectuirements:
The City entered into a contract with O'Brien A Gere Engineers,
Inc., on July 24, 1987, to perform the following services:
o Conduct a Sanitary Sewer Evaluation Study (SSES) in the
project area to determine the amount and extent of
excessive I/I and possible exfiltration problems, including
structural problems. The scope of services for this
engineering contract includes a map study, manhole
inspection, flow monitoring, night flow isolation,
groundwater and rainfall analyses, line cleaning, line
televising, smoke testing, dye testing, draft and final
reports of the results and conditions discovered.
o Prepare rehabilitation plans and specifications, as
required, for correction of the deficiencies within the
surveyed sewers in Pump Station Service Areas 38C, 18A, and
15C. Final design plans and specifications shall be
submitted to the appropriate state agencies for review and
approval in accordance with all applicable rules and
recjulations prior to the initiation of rehabilitation work.
o Prepare and conduct a post-rehabilitation survey to measure
the effectiveness of the corrective work, and necessity for
additional rehabilitation.
o Rehabilitation work will be competitively bid by the City,
and performed by a qualified construction contractor.
II. SCHEDULE: The work to be performed by the Grantee is scheduled
to proceed as follows:
Activity Duration
1. SSES and Final Report completed by October 1988
2. Develop Rehabilitation 6 to 9 months after
Plans and Specifications acceptance of SSES report.
3. Rehabilitation Construction 6 to 12 months, depending on
magnitude of corrective work.
4. Post-Rehabilitation SSES 6 months following completion
of rehabilitation work.
III. COST OF SERVICES: Project costs are estimated as follows:
Item Cost
1. SSES Contract Award $355,127
2. Rehabilitation Plans & Specs 155,000
3. Rehabilitation Construction 800,000
4. Post Rehabilitation SSES 100,000
5. Grantee Administration 90,000
TOTAL PROJECT COST - $1,500,127
STATE GRANT - $ 212,690
LOCAL SHARE . $1,287,437
IV. EVALUATION:
The evaluation phase is two-fold. First, an evaluation of the
present condition of the sewer system in the study area is required.
The City will utilize any existing evaluation reports prepared by the
City, its consultants, or the Hampton Roads Sanitation District, as
well as any future evaluations that update the I/I quantities in the
project area. Upon completion of testing and sealing sewer line
defects in the project area, a post-rehabilitation evaluation will be
made to deterinine I/I quantities. The Grantee shall quantify the
effectiveness of the corrective work in such terms as, but not
limited to:
-9-
a. I/I reduction per line or pump station
b. I/I reduction in gallons per day (cjpd) per dollar spent.
c. I/I reduction as a percentage of total flow in the study
area.
V. REPORTING:
Upon commencement of the project, on a quarterly basis the
Grantee shall submit to the State Water Control Board documentation
certifying completion of work, a cost accounting and an invoice which
covers that portion of the total project for which re @ ursement is
requested. The documentation shall include work accomplished and
ongoing, expenditure of funds (including local cost-share), problems
encountered, potential problems and any other pertinent information.
The final report shall contain the information previously
mentioned and a section which addresses the overall evaluation of the
project area, as a result of the rehabilitation work.
-10-
ATTACHMENT B
COMPENSATION
City of Virginia Beach
FY 1988 I/I Rehabilitation Project
The Grantee shall be paid on a cost re @ ursement basis.
Reixibursements shall be made in quarterly increments, for that
portion of the work completed to date. In order to receive such
payment, the Grantee must submit to the Grantor documentation as
required in Attachment A, part V. Upon receipt of this documentation
the Grantor shall authorize the release of funds covering that
portion of the project. Should the Grantee fail to submit the
required documentation, or should the submitted information fail to
provide a reasonable accounting of project efforts and cost, then the
release of payment shall be delayed until such time as these elements
have been satisfied.
Expenditures made by the Grantee prior to the execution date of
this Agreement shall be eligible for reimbursement if the Grantee
sub3sits documentation, satisfactory to the Grantor, that such work is
a of the approved Scope of Work and Project Budget.
Upon receipt of the required documentation which satisfactorily
addresses that quarterly portion of the project, the Grantor shall
notify the Comptroller's office that payment is authorized. In
accordance with the provisions of the Virginia Prompt Payment Act,
payment shall be made within thirty (30) days after receipt of the
required documentation.
The total grant award from the Grantor is 0222,690, and
represents approximately 14% of the estimated total project cost.
Under the Chesapeake Bay Initiative for I/I Reh&biliiation, the usual
grant percentage is 55% State funding. Due to tha limited amount of
available grant funds, the grant for the City of Virginia Beach
Aragona Rehabilitation project is less than the usual percentage.
The grant award contained in this contract may be increased at some
future date, provided that sufficient funds are available and the
State Water Control Board approves the obligation of those funds for
the purpose of amending this grant contract. Unless and until the
Board acts to increase this grant award, the existing grant
percentage will be applied to all invoices received by the Grantor
for reimbursement, until the grant amount has been fully expended.
Any cost overruns incurred by the Grantee during the grant period are
the responsibility of the Grantee.
In addition, the Grantee shall provide $1,287,437 as the local
share for the project. This share shall be certified and documented
(via supporting information and invoices) by the Grantee as having
been used for the purposes outlined in Attachment A. The Grantee's
share may be provided either through cash contributions or in-kind
services.
- 35 -
Item IV-G.4
CONSENT AGENDA ITEM # 30014
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
DEFERRED until the City Council Meeting of September 19, 1988:
AGREEMENTS AND CLARIFICATIONS to the January 22,
1986, AGREEMENT between the City and the School
Board:
To establish and operate a Joint Cable Center
AND,
To create a Joint Cable Center Board
This DEFERRAL will enable further AMENDMENT of the Agreeement.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 36 -
Item IV-G.5
CONSENT AGENDA ITEM # 30015
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
Virginia Beach Development Authority for the
closure of a portion of Bayside Road.
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach Development
Authority has given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on
thc 6tli day of septe@r 1 1988, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion of
said Viewers, any, and if any, what inconvenience would result
from the discontinuance of a portion of the hereinafter
described street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral rt, Jr.
David Grocl@l and
Robert Scott a@e hereby
appointed to view the below described property and report in
writing to the Council on or before -1
1988, whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
Beginning at a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as sh wn on
,o
that certain plat prepared by Langley and
MCDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGTNIA, dated August 1, 1988, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
morc particular description.
From the aforementioned point of beginning
along the southeast right-of-way line of
Bayside Road N371 351 36"E 138.40' to a
Point; thence along a curve to the left
having a radius of goo.oo,, an arc distance
of 160.211 to a point; thence, along a
curve to the right having a radius of
1,415.52', an arc distance of 51.85- to the
true point of beginning; thence, along a
curve to the left having a radius of 62.00,
an arc distance of 103.05, to a point on
the northwest right-of-way line of Bayside
Road; thence, continuing along the
aforementioned right-cf-way line N33- 51,
56"E 455.67' to a point; thence, N441 161
14"E 5.651 to a point; thence, along a
curve to the right having a radius Of
62.001 an arc distance of 258.08,to a
point; thence, along a curve to the left
having a radius of 38.001, an arc distance
of 45-70' to a point on the southeast
right-of-way line of Bayside Road; thence,
continuing along the aforementioned right-
of-way line S331 511 56"W 183.101 to a
point; thence, along a curve to the left
having a radius of 1415.521, an arc
distance of 107.961 to the point of
beginning. The aforedescribed parcel lies
wholly within the City of Virginia Beach,
Virginia and contains 33,370 square feet or
0.7661 acres.
All of the above as shown upon that certain plat
entitled "PLAT OF RIGHT OF WAY VACATION FOR VIRGINIA BEACH
DEVELOPMENT AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA," which plat is attached hereto and made a part hereof
2
and intended to be recorded with the ordinance closing the
aforedescribed street.
Adopted this 6 day of September 1, 1988,
by the Council of the City of Virginia Beach, Virginia.
3
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I IIY Al @.11.IY L@Cl, @FIGINI@ "456-9.02
(804) 4Z7-45@l
CERTIFICATE OF VESTING OF TITLE
I, David S. Hay, Deputy City Attorney for the City of
Virginia Beach do hereby certify that:
1. I am an attorney at law and represent the City of
Virginia Beach Development Authority, the petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the City of
Virginia Beach Development Authority, the adjacent landowner of a
portion ofbayside Road which portion is a periphery street of the
plat referenced below.
The said property referred to herein is hereby described as
follows:
Beginning at a point on the southeast right-of-way
line of Bayside Road where the common boundary line
between Parcels 1 and 2 intersect the aforesaid
southeast right-of-way line of Bayside Road as shown
on that certain plat prepared by Langley and
McDonald, P.C. cntitlcd "PLAT OF RIGIIT OF WAY
VACATION FOR VIRGINIA BEACH DEVELOPMENT AUTHORITY
BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA, dated
August 1, 1989, a copy of which is attached hereto
and madc a part hcrcof to which rcfercnce is made for
a more particular description.
From the aforementioned point of beginning along the
southeast right-of-way line of Bayside Road N37- 351
36"E 138.401 to a point; thence along a curve to the
left having a radius of 900-00', an arc distanc, f
160.211 to a point; thence, along a curve to the
right having a radius of 1,415.521, an arc distan,e
of 51.851 to the true point of beginning; thence,
alcng & CUrve to the left having a radius of 62.001
an arc distance of 103.051 to a point on the
northwest right-of-way line of Bayside Road; thence,
continuing along the aforementioned right-of-way line
N331 51' 56"E 455.671 to a Point; thence, N44- 161
14"E 5.651 to a point; thence, along a curve to the
right having a radius of 62.00' an arc distance of
258.08'to a Point; thence, along a curve to the left
having a radius of 38.00', an arc distance of 45.70,
to a point on the southeast right-of-way line of
Baysidc Road; thence, continuing along the
aforementioned right-of-way line S331 511 56"W
83-10' to a point; thence, along a curve to the left
having a radius of 1415.52', an arc distance of
107.961 to the point of beginning. The
aforedescribed parcel lies wholly within the City of
Virginia Beach, Virginia and contains 33,370 square
feet or 0.7661 acres.
David
2
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the 6tll day of Scl-,Lember _, 1988, at 2:00 p.m., at the
City Hall of the City of Virginia Beach, at Princess Anne, the
undersigned will petition the Council for the appointment of
Viewers to view the below-described street and to report to the
City Council whether in the opinion of the Viewers, what, if
any, inconvenience would result from the vacating, closing and
discontinuancc of a portion of same. The said portion of the
street being described as follows:
Beginning at a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as shown on
that certain plat prepared by Langley and
McDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA, dated August 1, 1988, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
more particular description.
From the aforementioned point of beginning
along the southeast right-of-way line of
Bayside Road N37@ 35' 36"E 138.40' to a
point; thence along a curve to the left
having a radius of 900.001, an arc distance
of 160.211 to a point; thence, along a
curve to the right having a radius of
1,415.521, an arc distance of 51.851 to the
true point of beginning; thence, along a
curve to the left having a radius of 62.001
an arc distance of 103.051 to a point on
the northwest right-of-way line of Bayside
Road; thence, continuing along the
aforementioned right-of-way line N331 511
56"E 455.671 to a point; thence, N44* 161
14"E 5.65, to a point; thence, along a
curve to the right having a radius of
62-00' an arc distance of 258.08'to a
point; thence, along a curve to the left
having a radius of 38.001, an arc distance
of 45.701 to a point on the southeast
right-of-way line of Bayside Road; thence,
continuring along the aforementioned right-
of-way line S33, 511 56"W 183.10' to a
point; thcnce, along a curvc to the left
having a radius of 1415.521, an arc
distance of 107.961 to the point of
beginning. The aforedescribed parcel lies
wholly within the City of Virginia Beach,
Virginia and contains 33,370 square feet or
0.7661 acres.
At that time, anyone a-tfected may appear and be
heard.
After the report of the Viewers is received, at the
next regular meeting of the City Council, or as soon thereafter
as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of the street in the City of Virginia Beach, Virginia,
described above.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
B
y
Of Counsel
David S. Hay, Esquire
City Attorney's Office
Virginia Beach, VA 23456
(804) 427-4531
2
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, the City of Virginia Beach
Dcvclopmcnt Authority, rcspoctfully rcpresents as follows:
1. That pursuant to the provisions of Section 15.1-
364 of the 1950 Code of Virginia, as amended, the petitioner
applies for the vacating, closing, and discontinuance of that
certain street, which is more specifically described as
follows:
Beginning at a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as shown on
that certain plat prepared by Langley and
McDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA, dated August 1, 1989, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
more particular description.
From the aforcmentioned point of beginning
along the southeast right-of-way line of
Bayside Road N371 35' 36"E 138.401 to a
point; thence along a curve to the left
having a radius of 900.001, an arc distance
of 160.211 to a point; thence, along a
curve to the right having a radius of
1,415.521, an arc distance of 51.85' to the
truc point of boginning; thence, along a
curve to the left having a radius of 62.00'
an arc distance of 103.051 to a point on
the northwest right-of-way line of Bayside
Road; thoiice, continuing along the
aforementioncd right-of-way line N33* 51'
56"E 455.671 to a point; thence, N44@ 16'
14"E 5.651 to a point; thence, along a
curve to the right having a radius of
62.001 an arc distance of 258.08'to a
point; thence, along a curve to the left
having a radius of 38.001, an arc distance
of 45.70' to a point on the southeast
right-of-way line of Bayside Road; thence,
continuing along the aforementioned right-
of-way line S331 511 56"W 183.101 to a
point; thence, along a curve to the left
having a radius of 1415.521, an arc
distancc of 107.961 to the point of
bcginning. Tho aforcdcscribod parcel lies
wholly within the City of Virginia Beach,
Virginia and contains 33,370 square feet or
0.7661 acres.
Said parcel of land being designated as "BAYSIDE ROAD
(VARIABLE WIDTH R/W)" as indicated. on that certain plat
entitled, "PLAT OF RIGHT OF WAY VACATION FOR VIRGINIA BEACH
DEVELOPMENT AUTHORITY BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA," which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
2. That no inconvcnionce will result to any persons
by reason of said closing, vacation, and discontinuance of said
street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the day of 1 1988, as
to whether in the opinion of said Viewers, what inconvenience,
if any, would result from the discontinuance and closing of
said street, as herein reported and described.
3. That on the 31st day of August, 1988, and on the
7th day of Septombcr, 1988, Notice of the presenting of this
Application was published in the Virginian Pilot/Ledger Star, a
2
newspaper of general circulation in the City of Virginia Beach,
Virginia, as evidenced by the Affidavit and Notice attached
hereto.
4. That the fee simple owners of all land along and
adjacent to and affected by said platted street are the
Petitioner herein, the City of Virginia Beach Development
Authority, 770 Lynnhaven Parkway, Suite 200, Virginia Beach,
Virginia 23452.
Respectfully submitted,
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By. S@ @ @
Of Countel
David S. Hay, Esquire
Deputy City Attorney
City Attorney's Office
Virginia Beach, VA 23456
(804) 427-4531
3
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTN, KNOWN AS BAYSIDE
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT OF RIGHT OF WAY VACATION FOR VIGINIA
BEACH DEVELOPMENT AUTHORITY BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by the City of Virginia Beach Development
Authority, that they would make application to the Council of
the City of Virginia Beach, Virginia, on September 13 1
1988, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
stroct bo discontinued, closcd, and vacatod;
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 a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as shown on
that certain plat prepared by Langley and
McDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGTNIA, dated August 1, 1988, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
more particular description.
From the aforementioned point of beginning
along the southeast right-of-way line of
Bayside Road N37@ 35' 36"E 138.40' to a
point; thence along a curve to the left
having a radius of 900.001, an arc distance
of 160.21' to a point; thence, along a
curve to the right having a radius of
1,415.521, an arc distance of 51.85' to the
true point of beginning; thenc6, along a
curvc to the left having a radius of 62.00'
an arc distance of 103.05' to a point on
the northwest right-of-way line of Bayside
Road; thence, continuing along the
aforementioned right-of-way line N33* 51'
56"E 455.671 to a point; thence, N44* 16'
14"E 5.651 to a point; thence, along a
curve to the right having a radius of
62.00' an arc distance of 258.08'to a
point; thence, along a curve to the left
having a radius of 38.00', an arc distance
of 45.70' to a point on the southeast
right-of-way line of Bayside Road; thence,
continuing along the aforementioned right-
of-way line S33* 51' 56"W 183.101 to a
point; thence, along a curve to the left
having a radius of 1415.521, an arc
distance of 107.961 to the point of
beginning. The aforedescribed parcel lies
wholly within the City of Virginia Bcach,
Virginia and contains 33,370 square feet or
0.7661 acres.
Said parcel of land designated as "BAYSIDE ROAD
(VARIABLE WIDTH R/W)" 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
2
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:
3
ROBERT J. RUHL, DEPT. OF ECONOMIC DEV.
Closure of portion of Bayside.Road
Bayside Borough
State of Virginia
City of Norfolk to-.it: AFFIDAVIT
This day - personolly
appeared before me and after being duly swo,, made oath that:
(1) (He) (She) is affidavit clerk of Virginian Pilot Ledger S'tar
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeoke, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto onnexed of Notice: Street clo,in,
newspoper on the following dates: has been published in said
Affiant
Subscribed and sworn to before me in my city and state aforesoid this
M day of 19 A8
My i 9 1 19
v
Notary Public
Al- "I Ch -f
vi@,@'. @- EBUTLOINGI
R G.
- 37 -
Item IV-G.6
CONSENT AGENDA ITEM # 30016
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
James F. Janata, 3124 East Ocean View Avenue, Phone: 488-5095, spoke in
OPPOSITION
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
R.G. Moore Building Corporation for the closure of
portions of Pleasant Avenue, Pretty Lake Avenue and
an unnamed street.
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Prior to the Recommendation of the Viewers, the City of Norfolk will hold a
PUBLIC HEARING for the Norfolk citizens to express their opinions regarding the
Street Closure.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
Harold Heischober
ORDINANCE APPOINTING VIEWERS
WHEREAS, R.G. Moore Building Corp., has given due
and proper notice in accordance with the statutes for such
cases made and provided that they will on the 6th day of
September, 1988 apply to the City Council of the City of
Virginia Beach, Virginia for the appointment of Viewers to
view the below-described property and report in writing to
the Council whether, in the opinion of said Viewers, any, and
if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that
certain street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia that ROBERT J. SCOTT,
DAVID GROCHMAL and ORAL LAMBERT are hereby appointed to view
the below-described property and report in writing to the
Council on or before whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of those certain
streets of variable width located in the City of Virginia
Beach, Virginia, and more particularly described on the
attached Exhibit A and be reference thereto made a part
hereof.
Adopted: September 6, 1988
sks/m.point/ord
EXHIBIT A
All those portions of Pretty Lake Avenue, Pleasant
Avenue, and an unnamed street immediately north of
Pleasant Avenue, all portions of the aforesaid
streets east of the eastern right of way line of
30th Bay Street as shown on the attached plat
entitled "EXIIIBIT PLAT, SHEET 1 OF 2 (AND SHEET 2
OF 2) OF PARCELS A, B & C AS SHOWN ON SURVEY OF THE
REMAI@IDER OF THE PROPERTY CONVEYED TO LACY L. REDD
AND M. VIRGINIA REDD FOR R.G. MOORE BUILDING CORP."
dated May, 1988 and prepared by John E. Sirine and
Associates, Ltd., a copy of which is on file in the
City Attorney's Office of the City of Virginia
Beach.
SHUTTL-EWORTH, RULOFF, C@IORDANO C3 KAIII-E, PC.
Al-101@NEYS ANI@ Al I.AW
C.RECORY A. CIOPDANO 2809 SOLM4 LYNNHAVEN RC)AI) T-ELEPFIONF
ROBERT 1. IIADDAD (F304) 4-11-3100
IFFFRrY B. ITAMMAKI'R VIRGINIA 13EACII,VIR(.INIA !3,1-,2
DII(JC;I.AS r.. KATILT. II I
MARY KFAFTNG (,,c,,i) .1 I,,-
ROBERT G. MORECOCK DIRECT DIAL NUMBER
P,. 1. NUTTER, Ti
ROBE[tT M. PFT@TFFR ,,-3137
IF
A. liONWIT-1- @Sl ll)(-Kl-r.Y July 29, 1988
TFIOMAS B. 514UFI'I-EWOI@Ill
JEFFREY T. TALBEP-T
CERTIFICATE OF VESTING OF TITLE
1. I am an attorney at law and represent the
applicant, R.G. Moore Building Corporation.
2. That the records on file in the Clerk's office of
the Circuit Court of the City of Virginia Beach indicate that if
and when a portion of the streets described in the attached
Exhibit A are closed, title will vest in R.G. Moore Building
corporation, a Virginia corporation.
Very tuly your
R.J. Nutter, II
RJN/sks
sks/m.point/cert
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 6th day of Septernber, 1988 at 2:00 p.m., the
undersigned will Petition the Council for the appointment of
Viewers to view the below-described portion of that certain
street and report to the City Council whether in the opinion
of the Viewers, what, if any, inconvenience would result from
the closing and discontinuance of same, the said portion of
said street being described as follows:
All those portions of Pretty Lake Avenue, Pleasant
Avenue, and an unnamed street immediately north of
Pleasant Avenue, all portions of the aforesaid
streets east of the eastern right of way line of
30th Bay Street as shown on the attached plat
entitled "EXHIBIT PLAT, SHEET 1 OF 2 (AND SHEET 2
OF 2) OF PARCELS A, B & C AS SHOWN ON SURVEY OF THE
REMAINDER OF THE PROPERTY CONVEYED TO LACY L. REDD
AND M. VIRGINIA REDD FOR R.G. MOORE BUILDING CORP."
dated May, 1988 and prepared by John E. Sirine and
Associates, Ltd., a copy of which is on file in the
City Attorney's Office of the City of Virginia
Beach.
R.G. MOORE BUILDING CORP.,
By:
Of COU@-@,
R.J. Nutter, II, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle
2809 S. Lynnhaven Road, Suite 230
Virginia Beach, Virginia 23452
(804) 431-3100
sks/m.point/not.aff
IlIi@1/2,,(10 i ll@ kill llq@
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING PORTIONS OF THOSE
CERTAIN STREETS OF VARIABLE WIDTH KNOWN
AS PRETTY LAKE AVENUE, PLEASANT AVENUE,
AND AN UNNAMED STREET IMMEDIATELY NORTH
OF PLEASANT AVENUE THAT ARE EAST OF THE
EASTERN BOUNDARY OF THE RIGHT OF WAY OF
30TH BAY STREET.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners, R.G. Moore Building Corp.,
respectfully represent as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 dode of Virginia, as amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain street, which is
more specifically described on the attached Exhibit A and by
reference thereto, made a part hereof.
Said portions of the aforesaid streets are shown on
that certain plat entitled "EXHIBIT PLAT, SHEET 1 OF 2 (AND
SHEET 2 OF 2) OF PARCELS A, B a C AS SHOWN ON SURVEY OF THE
REMAINDER OF THE PROPERTY CONVEYED TO LACY L. REDD AND M.
VIRGINIA REDD FOR R.G. MOORE BUILDING CORP." dated May, 1988
and prepared by John E. Sirine and Associates, Ltd., which
plat is attached hereto and made a part hereof and is
intended to be recorded with the ordinance closing the
aforesaid street.
2. That no inconvenience will result to any
persons by reason of said closing, vacation, and
discontinuance of said street; and the petitioner prays that
this Honorable Council appoint viewers as provided by law to
I
view said platted street proposed to be closed and to report
in writing to the Council on or before the day of
, 1988, as to whether in the opinion of said
Viewers what inconvenience, if any, would result from the
discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the and days of
July, 1988, Notice of presenting this Application was
published in accordance with Section 15.1-364 by having
appeared in a newspaper of general circulation at least twice
with at least six days lapsing between the first and second
notice.
4. Petitioners are the equitable fee simple owners
of the land affected by this application.
R.G. MOORE BUILDING CORP.,
By:
R.J. Nutter, II, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle, P.C.
2809 S. Lynnhaven Road, Suite 230
Virginia Beach, Virginia 23452
(804) 431-3100
sks/m.point/pet
2
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTIONS OF THOSE
CERTAIN STREETS OF VARIABLE WIDTH KNOWH
AS PRETTY LAKE AVENUE, PLEASANT AVENUE,
AND AN UNNAMED STREET IMMEDIATELY NORTH
6F PLEASANT AVENUE THAT ARE EAST OF THE
EASTERN BOUNDARY OF THE RIGHT OF WAY OF
30TH BAY STREET.
WHEREAS, it appearing by Affidavit that proper
notice has been given by R.G. Moore Building Corporation that
it would make application to the Council of the City of
Virginia Beach on September 6, 1988 to have the hereinafter
described streets discontinued, closed, and vacated; and
WHEREAS, it is the Judgment of the Council that
said streets be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
streets be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said portions of the aforesaid streets as shown on
the plat entitled "EXHIBIT PLAT, SHEET 1 OF 2 (AND 2 OF 2) OF
PARCELS A, B & C AS SHOWH ON SURVEY OF TIIE REMAINDER OF THE
PROPERTY CONVEYED TO LACY L. REDD AND M. VIRGINIA REDD FOR
R.G. MOORE BUILDING CORP." dated May, 1988 and prepared by
John E. Sirine and Associates, Ltd., said plat being attached
hereto and made a part hereof.
SECTION II
A certified copy of this Ordinance shall be
recorded in the Clerk's Office of the City of Virginia Beach,
Virginia indexed in the name of the City of Virginia Beach.
SECTION III
This Ordinance shall be in effect sixty (60) days
from the date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of 1988.
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R. G. MOORE BUILDING CORPORATION
Closure of portions of Pleasant Avenue,
Pretty Lake Avenue & unnamed street
Bayside Borough
- 38 -
Item IV-1.1.
NEW BUSINESS ITEM # 30017
The following spoke in favor of the Ordinance:
Ron Makela, 2225 Wake Forest Street, Phone: 481-3183
The folowing spoke in OPPOSITION:
Thomas Abbott, 1037 Angler Lane, President Virginia Beach Policemen's
Benevolent Association, City Employee since 1977.
Steven D. Kurrle, 1432 Amberly Forest Road, Phone: 427-4101, employee of the
Police Department.
Debra Manzione, 4151 MacArthur Road, Phone: 471-7292, represented the Employee
Health Care Committee
Robert Manzione, 4151 MacArthur Road, Phone: 471-7292, a City employee since
1975.
Nick Sitarski, 1432 Amberly Forest Road, Phone: 471-6303,
Janet Turlington, 1205 Green Cedar Lane
Rebecca L. Mitchell, 2913 Jupiter Street, Phone: 486-0665
Jack Fremeau, 949 Carriage Hill Road, Phone: 468-2800, President of the
Virginia Beach Professional Firefighters
Randy Zeltmann, 2000 Broamsedge Court, Phone: 468-4228, City Employee of ten
years.
Patrick W. Bruzzese, 3445 West Neck Road, Phone: 426-6339, Vice President of
the Virginia Beach Professonal Firefighters.
Jim Walters, 932 Duke of Suffolk, Drive, Phone: 481-2832, City Employee since
1980.
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Baum to ADOPT,
AS AMENDED*, an Ordinance authorizing the City Manager to increase the Health
Care contribution from $60.00 to $75.00/month and to do all things necessary to
implement the same. *The Service Awards will not be reduced by $50 for each
service level category. Hiring for various city positions will be frozen for up
to 120 days rather than 90 days effective September 1, 1988. Deleting/deferring
$56,-000 in planned capital expenditures will remain. Councilman Fentress and
Councilman Baum WITHDREW the MOTION.
Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council
ADOPTED, as presented by the City Manager:
Ordinance authorizing the City Manager to increase
the Health Care contribution from $60.00 to
$75.00/month and to do all things necessary to
implement the same.
- 39 -
Item IV-I.l.
NEW BUSINESS ITEM 30017 (Continued)
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss," Nancy K. Parker and
John L. Perry
Council Members Absent:
Harold Heischober
*Councilman Moss voiced a VERBAL NAY, he mistakenly pushed the AYE Vote.
AP P7R
ATS
T 0@N E
AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO INCREASE THE HEALTH CARE CONTRIBUTION
3 FROM $60.00 TO $75.00/MONTH AND TO DO ALL
4 THINGS NECESSARY TO IMPLEMENT THE SAME
5 WHEREAS, the cost of health insurance and health care has
6 been and is rising at a rate significantly greater than the
7 general rate of inflation; and
8 WHEREAS, the City Manager and City Council have carefully
9 reviewed the City's health care coverage and contribution; and
10 WHEREAS, a long-term plan has been developed to establish a
11 self-insurance fund, control costs, provide incentives to
12 wellness, and move toward a "cafeteriall style benefit; and
13 WHEREAS, the City's current contribution to health insurance
14 has not been increased since 1985; and
15 WHEREAS, many employees have indicated a high priority for
16 health insurance in comparison to other benefits; and
17 WHEREAS, the City Manager has stated that a $15.00 per month
18 increase in the City's health insurance contribution effective
19 September, 1988, can be accommodated within FY 88/89 through
20 administrative budgetary actions, including adjustments to the
21 Service Award Program; and
22 WHEREAS, the City Council wishes to take fiscally
23 responsible action to insofar as possible reduce the burden of
24 increases in health care costs.
25 NOW THEREFORE BE IT ORDAINED, that the City Manager is
26 hereby authorized to increase the employer health care
27 contribution from $60.00 to $75.00 per month effective September,
28 1988 and to da all things administratively necessary to implement
29 and accommodate such increase in the FY 88/89 budget, including
30 adjustments to the Service Award Program and other appropriate
31 administrative budgetary actions.
32 This ordinance shall become effective upon enactment.
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the 6 day of September 1988.
35 KJC/dhh/dga - 08/25/88, 09/01/88 - HEALTH.ORD
- 40 -
Item IV-I.2.
NEW BUSINESS TTEM # 30018
Councilman Moss referenced the issue of Recreation and the CAPITAL IMPROVEMENT
PROGRAM Process.
A study relative same identifying the impact from the PARKS AND RECREATION
DEPARTMENT will be forwarded in City Council's AGENDA of September 19, 1988.
Councilman Moss will discuss same under COUNCIL CONCERNS.
- 41 -
Item IV-J.
AD,JOURNMENT ITEM 30019
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:55 P.M.
Beverly@. Hooks
Chief Deputy City Clerk
m
-Ath Hodgeg Smith, CMC eyera(@. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
- 41 -
Item IV-J.
ADJOURNMENT
ITEM # 30019
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:55 P.M.
Beverly~'O. Hooks
Chief Deputy City Clerk
~R~th Hodge~ Smith, CMC
City Clerk
City of Virginia Beach
Virginia
8~mt~mber 6, 1988