AUGUST 24, 1987 MINUTES
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281 CITY HAU BUILDING
MUNICIPAL CENTER
Ci, A,@ VIRGINIA BEACH, VIRGINIA 23456-9002
18041427-4803
VIRGINIA BEACH CITY COUNCIL
AGENDA
24, 1987
ITEM I. CrrY 'S BRIEFIM - Oonfererice Rocm 5:00 Pm
A. Historical Feview
ITEM ii. COUNCIL SESSICN - Confer@ Fom - 5:30 pm
A. CITY
ITEM III. INFO@ SESSION - Conference pom - 6:00 pm
A. MM TC) CRDER - Yaycr Rcbert G. Jones
B. MLL CAILL OF @IL
C. NOTION TO @ INTO sEssioN
ITEM IV. ATIONS - Cmmil Chambers - 6:45 pm
A. P TION
ity Assc)ciations Day SepLenber 26, 1987
B. VIMMM LIFF-%VER
Thrri Cannon
David Fcxwell
Woody Gibson
Tbdd Jones
Patrick F. Kavanaugh
Vbsley Weidrick
C. IONS IN @TION
Dr. E. E. ]3rickell
Miss Caxol Garri@n
Alan Givens
D. @ - S V J T A - Youth t
Mi-chael Hust
Kimberly @ruill
ITEM V. FID@ SESSION il s - 7: 00 PK
A. INVOCATION: Reverend ]3rLice K. Modahl
Evangelical Lutheran Church
of @- Good Shepherd
B. PU= CP ALLEGIANCE TO TBE FLAG CE RE LNITED STATES CF AMERICA
C. FT,FRT@C ROLL CALL OF CITY CCUNCIL
D. ADOPTION Ct? ITERS FOR THE FO@ AGENEA
E.
MMIML and Fo@ MWIONS - August 17, 1987
F. @C
1. Issuance of Juveni-le and Domestic @lations District Faci-lity
Bonds of @ City of Virginia Beach, Virginia, in the maximun
amount of $7,500,000, subject to the approval of the qualified
voters.
This Pub@ @ing vas advertised; 1-iouever, is her@th
due to the action of City CbL=il on August 17, 1987,
to remcve the subject fran tl-ie 1987 Beferendun.
G. PUBLIC
1.
a. Application of George for a O:)nditional Use Permit for
a bulk storage yard on the east side of Davis Street, 535.60
feet ndrth of Virginia Beach Bc)ulevard, containing 24,002
square feet (Bayside Borough).
Pec@ndation:
- @ust 10, 1987
b. Ppplication of T & J @p fx)r a Cbnditional Use Permit
for a nursing hcme on the north side of Irdian River Foad, 80
feet east of Fenton Street (2055 Indian @ver lbad) , containing
5.3% acres (Kenpsville Borough).
Rec@n,Jation: AP
c. @ication of J. L. CaLffrey for a variance to Section (4.4(d)
of the Subdivision ordin@ which requires tbat all lcfts have
direct access to a @lic street, at the mrtheast corner of
15th Street and Baltic Avenue (Virginia Beach Borough).
Rec@@ation: ALU)W WI
d. Application of Kenneth L. Seay for a variance to Section
(4.4(b) of the Subdivision ordinance which requires that all
lots have direct access to a @lic street, at the southuest
corner of Croatan PDad and Seootan lbad (Lyrnhaven Borough).
Ibcamiendation: DENIAL
e. Ppplication of Michael H. Lev@n and Fay] M. & @aret H.
Fuller for a Change of Zonia frcrn 0-1 Office District to B-3
Central-Business District on the north side of Bonney fbad,
1138.05 feet @st of Bendix Poad (4468 Bonney lbad), containing
2.164 acres (KEnipsville Borough).
Rec@r,dation: AP
f. Ppplication of Lillel @, Inc. for a Change of Zoning frcm
R-8 Pesidential District to B-2 Ccirmunity-Busimss District on
the east side of KEmpsville lbad at the intersection with the
Virginia Beac@Chesapeake City Line, containing 8.795 acres
(KEMPSVille @ugh).
Rec@rdati.on: @
g. Application of John H. for a Change of Zoning fran R-2
F,esidential District to R-5 Pesidential District on the @th
@ide of Normandy Avenue, 690 feet mcre or less @st of Avalon
Avenue (5748 and 5744 Non-nandy Avenue), containing 11.5 acres
(KEmpsville Borough).
PecamTendation: @
h. Ppplications of Na Bear-h (brp. and George F. wd prances
M. Phillips for Changes of Zoni-ng at the north@st corner of
Holly and Pimwood @d on Lots 82 and 83, AND, on the north
side of Pin FDad, 270 feet @st of Fbily lbad on Lot 84,
Linkhom Park (Virginia Beach Borough).
frcrn R-1 PesidentiaL ]!strict to 0-1 Office District,
containing 1.886 acres
AND,
fran R-3 Pesidential District to 0-1 C)ffice District,
containing 2.444 acres
Reccmnen,Jation: DENIAL
H. IONS
1. Resc)lution prcviding for holding an election to deterrnine ,hether
tO request the General AsSEirbly to AMEND Sectlon 6.05:1, AND,
REPEAL @ction 6.05:2 of the Charter of the City of Virginia Bear-h,
relating to @ issuance of Borxis, 1987 RefereniLtn.
2. @solution prcviding for a @ferendun on the qllestion of vhether
the General AsseTbly should be requested to AMEND @ Charter of
the City of Virginia Beach to prcvide for the direct election of
the and to grant the School Bc)ard l@ted taxirg
aut@rity.
I. CRDINANCES
1. Crdinance to transfer $7,000 within the Gerieral @ to lxcvide for
a part-tinie Clerk Typist rosition in the Office of City Clerk.
2. Crdin&ice to AMEND and Mn the O:>de of the City of Virginia
Beach Virginia, by ADDING a new Section 21-129 pertaining to
@e equi@t, (trlr-k covers) .
J. @ AGENDA
Al-1 rriatters listed under the Cbnsent Akge@a are oc)nsider@ in the
ordinary course of busiriess by City CDL=il and will be enacted by om
in the form listed. If an itern is rEMcived frcin the adnsent
Agenda, it will be discussed and voted upc)n @parately.
1. IONS IN TION
Dr. E. E. ]3rickell
Miss @rol Garrison
Alan Givens
2. Crdinmce declaring certain property E)CESS and authorizing the
City Manager to execute a subdivision plat and other docunents
necessa,ry to corrvey said property to Virginia El@ic and
, (Ebs@nt Fcrest).
3. Crdinance to authorize and direct the City Manager to execute
participation agr@ between the City of Virginia Beach and R.
G. Mc)ore BLiilding oc)rporation to construct:
a. @ean Lakes @ter projects
b. Ccean Lakes seupx Fmjects
4. Crdinance tO authorize and direct the City Fanager to execute a
amt ParticiPaLtion agr@ between @ City of Virginia Beach and
ille Church of God to oonstr@t pro]ects.
5. Ordinam-e to authorize a temporary t int-0 a portion of
the right@of@y of a 25' strip sixrounding Take Joyce to
J. Atkinsm, his heirs, assigns and successors in title.
6. Crdinance appc)inting viewers in the petition of Charles F.
, Jr. for a partion of Five Fcrks @ (Bayside Borough).
7. Crdinance to tr@Rfer funds of $148,916 to cover construction oosts
of project #6-933 croatan Beach @, AND, to AOCEPT the LOW BID
to Preacn Cbnstruction y in the anount of $937,916.
B. LCW BID to F-st Coast Ccrporation in the ammt of $588,073.25 for
Center Streetscape @ts (CIP 6-925).
9. BINGO PERNIT:
Aragona Pexnbroke Lattle League
K. APPO
1. DISASTER (AOUP
2. HAMPI'ON @ AIR POLLURION CCNTROL DISTRICT @SION
3. L@VEN BOAT RpmP com,4lTrEE
L. UNFINISHED BUSINESS
M. NEN BUSINESS
1. 1988-97 Capital @cvements Progran
N. AW
VIW.@ BEACH CITY COUNCIL
ALL SESSICNS
SC@LED FOR
71 1987
AND
, 28. 1987
HAVE BEEN
- 16 -
Item IV-F.1
MINUTES ITEM # 27974
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
City Council APPROVED the MINUTFS, AS AMENDED of INFORMAL & FORMAL SESSIONS of
August 24, 1987.
Page 28, ITEM # 27923, ORDINANCE UPON APPLICATION
OF T & J PARTNERSHIP FOR A CONDITIONAL USE PERMIT
FOR A NURSING HOME R08871071
The following condition should correctly state:
a. Limited to a one-hundred twenty (@ (120) bed
facility.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 24, 1987
The CITY MANAGER'S BRIEFING, relative the HISTORICAL REVIEW of the VIRGINIA
BEACH CITY COUNCIL was cailed to order by Vice Mayor Meyera E. Oberndorf in
the Conference Room, City Hall Building, on Monday, August 24, 1987 at 5:00
P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan (ENTERED: 5:05 P.M.)
Robert E. Fentress (ENTERED: 5:10 P.M.)
Mayor Robert G. Jones (ENTERED: 5:50 P.M.)
- 2 -
C I T Y M A N A G E R' S B R I E F I N G
HISTORICAL REVIEW
August 24, 1987
5.00 P.M.
Item # 27897
The City Manager introduced Robert J. Scott, Director of Planning, who
presented the Staff's response to the Briefing by the Historical Review Board's
Consultant.
Robert Scott distributed an outline entitled "Historic Preservation Ordinance"
(Said outline is hereby made a part of the record) . This outline provides a
basis for venturing forward.
Section 15.1-503.2 from the State Code states that localities in Virginia may
adopt an Ordinance setting forth its historic landmarks and furthermore may
provide for an architectural review board to deal in those areas.
1. STATEMENT OF PUBLIC PURPOSE & POLICY
A. Protect Areas & Structures with Archaelogical Architectural &
Historic Significance
B. Create Historic Districts (By Amendment to Zoning Ordinance)
2. COMPOSITION, QUALIFICATIONS, APPOINTMENT OF REVIEW BOARD
A. Increase from 5 to 7 Members.
B. Qualifications: 1 Architect, two with professional training
(historical, preservation background), 1 Planning Commissioner
C. 3-year term
D. Training & Attendance
(Robert Scott believed the aforementioned were policy matters and
should be determined by City Council)
3. POWERS & DUTIES
A. Issue Certificate of Appropriateness - (The item to be addressed
is who issues said certificate. There is some indication it
should be the Historical Review Board. There should be a
clarification relative the powers of the Historical Review Board
once this Certificate of Appropriateness is granted. Zoning
Regulations, Subdivision Regulations, Site Plan Regulations,
conditions attached to rezonings, engineering, drainage
standards; et cetera, must be adhered to and those stand on their
own.)
B. Conduct Surveys, Coordinate Activities with other City
Departments, review National Register Nominations.
4. PROCEDURES FOR CREATION OF HISTORICAL DISTRICT.
A. Historical Review Board may make application (with or without
Property owner concurrence) for Designation as an Historical &
Cultural District. Review & Approval by Planning Commission &
City Council. Robert Scott believed this entire matter should be
reviewed for legality by the City Attorney's Office.
B. Define requisites for supporting documentation.
C. Basis for approval (National Register Eligibility, etc.)
- 3 -
C I T Y M A N A G E R' S B R I E F I N G
HISTORICAL RKVIEW
Item # 27897 (Continued)
Robert Scott recommended that the role of the Planning Commission remain
intact relative the Historical Review Board. The Planning Commission is
identified through State Law as "the body" responsible for setting forth land
use recommendations and zoning recommendations to the City Council. There are
special identified areas of the City and when zoning changes occur, there
should be found devices for the Planning Commission and ultimately the City
Council to gain input from other groups. Robert Scott drew a parallel to the
Community Development TARGET areas. Relative zoning matters which appear in or
near Historical and Cultural Areas, Robert Scott believed the Planning
Commission and City Council would find it to be of assistance for appropriate
comment from the Historical Review Board.
5. OTHER APPLICABLE REGULATIONS
A. Underlying Zoning Regulations
6. PROCEDURES FOR GRANTING/DENIAL OF CERTIFICATE OF APPROPRIATENESS
A. No Building Permit without Certificate
B. Application & Submittal Requirements. (The procedure spelled out
in the Comprehensive Zoning Ordinance is incorrect. Same needs to
be corrected.)
C. Grounds for Granting/Denial of Certificate (Appropriate
Character, Appearance - Meet objectives established by Council in
Creating Historical and Cultural District)
D. Denial - Appeal to Council, Circuit Court
E. Demolition - Adopt Procedures in Code of Virginia. (This is a
good point. A very elaborate procedure is contained in the Code
of Virginia)
F. Demolition by Neglect - (Keeping up property owned by private
interest of a historical nature. The City Attorney's Office
should also investigate this relative legality in the Cityls
requirements concerning maintaining privately owned property.
G. Expiration
7. VIOLATIONS & PENALTIES - SAME AS ZONING ORDINANCE
8. ADOPTION OF DFSIGN STANDARDS - Robert Scott believed this to be the
single most important point. Design Standards should be according to
districts. These design standards are to the Historical Review Board as
the Comprehensive Plan is to the Planning Commission and serve as the
basis on which actions should be taken in the future.
9. NAME CHANGE - HISTORICAL REVIEW COMMISSION - Robert Scott believed this
a matter between the Historical Review Board and the City Council.
- 4 -
C I T Y M A N A G E R' S B R I E F I N G
HISTORICAL REVIEW
Item # 27897 (Continued)
Robert Scott reiterated OTHER CONSIDERATIONS:
1. PROCESS SHOULD BE DEVELOPED FOR PLANNING COM14ISSION & COUNCIL TO HAVE
INPUT FROM HISTORIC RKVIEW BOARD ON ZONING CHANGES & USE PERMITS IN
HISTORICAL & CULTURAL DISTRICTS. (The Planning Commission should be the
identified body for performing that function. In cases where the
Historical Review Board would comment, said comments should be passed
through the Planning Commission to the City Council.)
2. STAFF SUPPORT (Robert Scott advised they were providing all the Staff
support they could) . The two most pressing items are with regard to
Transportation Planning and Development Review Problems.
3. HISTORICAL REVIEW BOARD PROBABLY SHOULD BECOME A BUDGET LINE ITEM
(Robert Scott believed this was between the Board and the Council.)
4. CONSIDER SEPARATE ENGINEERING STANDARDS:
Streets
Curbs, Gutters
Parking Lots
Street Lighting, Etc.
Erosion & Flood Control
Robert Scott advised he had recommended this in the past and believed same a
very good idea. Rather than consider waiving certain requirements as had been
recommended in the Consultant's report in some of these districts, it is much
more appropriate to establish different requirements So long as they are: (1)
Enforced by the Engineering Division, (2) Derived in conjunction with the
Engineering Division and (3) Specific to each other's historic areas in the
City. This approach should be pursued.
5. ENFORGEMENT OF CONDITIONS OF CERTIFICATE OF APPROPRIATENESS
Robert Scott believed some thought could be given to this being a free-standing
Ordinance Robert Scott advised in only a few points is there a necessary
relationship between this and the Comprehensive Zoning Ordinance and he does
not see the need to make any far reaching change to the CZO to accommodate
these items. Mr. Scott urged the Council to give some consideration to this
being something on the order of a free-standing permit related to, but not part
of, the Zoning Ordinance
Relative the Comprehensive Land Use Plan, Robert Scott advised the PLAN could
be somewhat more aggressive in the way some of these are handled. Robert Scott
urged strong effort to develop standards in these various districts for
construction from an architectural point of view and did draw a parallel
between these and the TARGET ARFA in similarities. Vice Mayor Oberndorf advised
the Historic Review Board could tract the delicate areas which need protection
and prepare a written recommendation which the Planning staff could insert in
the professional workup going to the Planning Commission and the City Council
in addition to testifying on that particular item. This would be specific
information in written form.
Councilwoman McClanan referenced the Ferry Farm Application and advised very
sparce information came forward from the Planning Commission regarding the
historical value of same. Robert Scott advised the Planning Department did not
receive all the historic documentation from Richmond.
Robert Scott developed a distinction between those which had already been
declared a Historic District and one which had not and perhaps should be.
Councilman Heischober advised it was his understanding Job One is immediate
identification of these areas. Robert Scott advised an outline of this
procedure for identification had been formulated.
- 5 -
C I T Y M A N A G E R' S B R I E F I N G
HISTORICAL REVIEW
Item # 27897 (Continued)
Councilman Moss advised in deference to the fiscal pressures relative the
Boards and Commissions, there should be a closer examination before the
establishment of a another formal body. Perhaps, this should be examined as a
budgetary issue first. If same cannot be resourced, do not make the commitment.
Councilman Moss would like to focus attention on the Comprehensive Zoning
Ordinance.
Councilman Perry advised we are losing historic sites everyday. Councilman
Perry referenced Piney Grove Baptist Church, the oldest Church in Princess Anne
County, and advised from information gathered the School House by the Asbury
United Methodist Church was the first for Blacks built in Princess Anne County.
These need to be preserved.
Vice Mayor Oberndorf summarized the objectives (1 ) Necessity to designate the
historic sites and, (2) Assimilate a group of civic minded individuals who
would like to endow a historic foundation for the City of Virginia Beach to
shoulder the cost of protecting, renovating or just keeping in existence those
particular landmarks that once designated must be preserved. There will be a
limitation on public funds and the individual property owner might not be able
to afford to perpetuate same.
Councilwoman Parker referenced an article brought by the Vice Mayor concerning
the Old Jefferson Hotel by which the integrity of the building was preserved as
well as becoming a commercial establishment. Councilwoman Parker believed this
to be the correct route to take.
Vice Mayor Oberndorf advised this procedure had been followed in Nantucket
Island. Nantucket Island is extremely sensitive about their heritage and any
development that is erected on this island.
Councilman Baum requested the City Staff specifically investigate the Piney
Grove Baptist Church and other similar buildings of this type relative the
possibility of renovation. This should not entail a great deal of expense.
- 6 -
ITEM # 26898
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall
Building, on Monday, August 24, 1987 at 5:36 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Mayor Robert G. Jones
- 7 -
C ON GE R N S OF T HE VI C E MAYOR
ITEM # 27899
Vice Mayor Oberndorf complimented the City Manager and his staff for the ad in
yesterday's BFACON addressing the concerns of the Virginia Beach Medical
Society and advising of the two H140 and the Comprehensive Health Plan
available to the City Employees.
Vice Mayor Oberndorf referenced the rumor that the Health Insurance Plan had a
limitation of $10,000 and requested the City Manager advise this was INCORRECT.
- 8 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27900
Councilman Moss referenced September 12, 1987, there will be a PIEDMONT
ENVIRONMENTAL CONFERENCE in Ashburn, Virginia, at which the Mayor will speak.
This will be a symposium relative the search for a growth policy in Virginia.
Councilman Moss will be attending same.
ITEM # 27901
Councilwoman Henley referenced her list of questions submitted in April
relative Development Impact in the Southern part of Virginia Beach. The
responses were mailed to Council in July. Councilwoman Henley requested time
be SCHFDTJLED to discuss these aforementioned questions and related issues.
Part of this issue deals with requirements to be instilled on development in
the southern part of the City.
ITEM # 27902
Councilwoman Henley further advised last week, the BACK BAY RFSTORATION
FOUNDATION sponsored a conference. Same was attended by several members of City
Council, Planning Commissioners and staff, as well as interested citizens. One
of the issues was a discussion of Storm Water Management as it affects water
quality. Carl Noyes, the Project Manager for the subsidiary firm performing
the BACK BAY STUDY also attended. Roy Mann was the primary firm. Carl Noyes
co-ordinated with Jason Cortell on the Water Quality. Carl came to the
Conference on his vacation and at his own expense, although his work on that
project was completed three years ago. At the request of Councilwoman Henley,
Carl Noyes attended and contributed his vast knowledge. The gentleman from
Maryland who oversees their erosion enforcement technique spoke. Often items on
the City Council Agenda indicate one of the conditions of approval is to
incorporate BEST MANAGEMENT PRACTICES. Councilwoman Henley was not confident
City Council was aware of what all the factors of BFST MANAGEMENT PRACTICES
encompassed. Not only is it necessary to have the proper design according to
the site, the soils, the slope, the water table, et cetera, but it is also
important to have well trained inspectors overseeing the construction of the
design and the proper maintenance. A gentleman from Maryland, attending the
Conference, emphasized annual inspection is necessary, because a lot of these
conditions dealing with the Storm Water are not effective, if the proper
maintenance does not exist. Councilwoman Henley advised her concern was the
City does not have the last two, enough inspectors to do an annual inspection
or the enforcement capabilities to enforce the maintenance. Councilwoman Henley
requested a BRIEFING regarding the definition of these BMP's in rezonings the
City is imposing, the status of the City with regard to BMP's in proposals for
the WATERSHEDS coming forward, those already done, and what the City needs to
do to be assured they do not have greater difficulty in a few more years if
these proper steps are not taken. The City has a long way to go in instituting
regulations regarding STORMWATFR. Obviously, Maryland has had more experience
and more funding in enforcement of the Program. This Briefing should entail
how the City is dealing with DEVELOPMENT IN THE SOUTHERN PART OF THE CITY and
how same relates to BEST MANAGEMENT PRACTICES there as well as the rest of the
City.
- 9 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27902 (Continued)
Councilman, Baum further referenced the BACK BAY CONFERENCE and complimented
Carl Noyes. He was one of the City's best consultants. This was a good
beginning. There was a lot of missing data relative BACK BAY as records were
not kept each year. The Game and Inland Fisheries has jurisdiction in this
area. They are the ones to make the decision. Councilman Baum believed this
was a part of the problem. They have been studying the decline of the Bay.
There was not anything positive. A number of the items which apply to Maryland
will not apply to the City. Maryland has better drained soil. BACK BAY used to
be a brackish marine estuary. During the Depression, the Conservation Corps
built artificial dunes. The idea of Saltwater Pumping was to do something that
Nature use to do, but apparently the Game Commission does not want to do this.
This divided responsibility is going to create chaos. Councilwoman Henley
referenced a publication that the AMERICAN FARMLAND TRUST and The Board of
Supervisors in Loudon County recently had assimilated. This particular study
deals with the public cost in relation to rural development and density related
issues. Councilwoman Henley referenced the recommendation that they
substantially increase the assessed value of undeveloped land that is platted
for low density residential use, increase the fees for building permits,
permits for wells and septic tanks in rural areas and reserve such funds for
extension of public water and sewer systems in areas designated for high
density development. The Assessor has compiled the land purchases since the
City's present procedures were in place and they are substantial and divided
among two groups: those who purchased land to occupy it and continue with a
rural use of nature, and absentee landlords who obviously purchased it for
subdivisions.
Councilwoman McClanan, advised relative the Maryland situation, part of the
funds coming to the Chesapeake Bay Foundation has been used to develop the
consensus on their restrictions in density, et cetera. Maryland went through an
extensive educational process to develop said regulations. Maryland developed
their consensus statewide.
Vice Mayor Oberndorf referenced drainage ditches and swales abutting
properties. The people who buy these houses knew same was the drainage system
and believed this was an issue that should be addressed. As people are given
noise disclosures when they reside in the ATCUZ Zones, citizens should be also
be notified that they will be responsible for the maintenance of these ditches.
- 10 -
ITE@l # 27903
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
August 24, 1987, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 11 -
ITEM # 27904
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and Nancy K. Parker
- 12 -
Item IV-A.
CEREMONIAL PRESENTATIONS ITEM # 27905
Mayor Robert G. Jones PROCLAIMED September 26, 1987 as:
COMMUNITY ASSOCIATIONS DAY
Pat Wasson, President of the Tidewater Chapter, COMMUNITY ASSOCIATIONS
INSTITUTE, ACCEPTED this PROCLAMATION.
This PROCLAMATION recognized the CAI as a national non-profit organization
since 1973 has been the definitive source of information on the creation,
operation and management of condominium, cooperative and homeowner
associations.
WHEREAS, the Community Associations Institute is a
national non-profit organization that, since 1973, has been
the definitive source of information on the creation,
operation, and management of condominium, cooperative and
homeowner associations; and
WHEREAS, the C.A.I. provides its members with educational
programs, industrial information, professional designations,
publications and contacts; and
WHEREAS, its membership includes homeowner associations,
association managers, builder/developers, professional
colleagues, public/government officials, and trade
associates; and
WHEREAS, the C.A.I. Tidewater Chapter and City of
Virginia Beach wish to provide educational activities in
Virginia Beach which will include lecture and discussions of
great interest to the Virginia Beach community.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim September 26, 1987, as
CO ITY ASSOCIATIONS DAY
and ask that all Virginia Beach residents participate in the
"Community Associations Day" at the Plaza Hotel on
September 26, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach to be affixed
this twenty-fourth day of August, nineteen hundred and
eighty-seven.
Robe
Mayo
- 13 -
Item IV-B.
CEREMONIAL PRESENTATIONS
VIRGINIA BFACH LIFESAVER AWARDS ITEM # 26906
Mayor Robert G. Jones PRESENTED VIRGINIA BEACH LIFESAVER AWARDS to;
Terri Cannon
(read by Councilman Heischober)
David Foxwell
(read by Councilman Fentress)
Woody Gibson
(read by Councilman Balko)
Todd Jones
(read by Councilman Moss)
Patrick F. Kavanaugh
(read by Councilwoman Parker)
Wesley Weidrick
(read by Councilman Perry)
Dorothy H. Craig, Chairman of the Safety Council and Herb Maher, President of
the Safety Council, were in attendance.
illf@ 1-
SAFETY COUNCIL
,4o al om
VIRGINIA BLIACH LIFESAVEIR
@O . I 7 I @: i I @ @ , -, : I 0 A ,I, i I , I " , , i :, @ , 1 , i I i , ! , i (""I
i I @,l A;,, I I I 11, I'll, I'll I i @il I i
I I'@@l @l:"l "'5C "I'l
f i
cIa,,e catiielllleac lellel.4 lo @e ia,'e
oiz
Illeyea@, I/Oul Xold, one e,110"4andne@e ltmndtedand
@ozalfdc cye ale nu 4i,
r
SAFFff COUNCIL
w
,-!(nc v 'Ae,,J@lz a
VIRGINIA BEIACH LIFESAVER
t I y 2 @l@) A I 11 3!) I i
I Ii r 1, I l@ ill!", ii i i I I i
,-cn le4 It@ ony w /t, (,,t ecl, ave c atil erl Ili, e.,ie lelic,@6 10 4 m czde
fin 0/cull e llioetiandne@e lieind4edand
SAFF@,@i-Y COUNCII-,
io
VII@(.111\@@-A l@l',A('11 LII'ESAVY"R
0, M@,@h 15, 1987 @t 2:00 th,,@ .@ @@ @@,id.t .@ l,d@p@@d,@@@ B@@l@,@,d i-.I,i@g
j,,p @@d @ C@.@,.. Th@ j@@p @@d 2 p@.pl@ h@d b@,@ th ... @ cl@@,. B.th d,i,@,,
.11, pi-@d i, ti,@ @@hi@l,@ ,,,d @l I p@@@g ... i @th@ C@.@'. T.dd
J@@@@ @@d W..dy Gib@.@, @ff-d@ty .I@.t. . . . @ith Ch@@@p@@k@ B@@@h R@,,@@ Sq.@d, @@p.@d@d @,d
@ss@,,d th@ T.dd i..@di@t,ly @ll@d f., @ c,@,h t,@ck, fi,@ t ... k, @@d
W..dy t@ftd .@ th@ t. h,lp. J.,t @, h@ @.d th@,@ .... @,d th,
]@st f th@ @ight p@.pl@ f. . . th@ it @@, @@g@lf,d i@ fl@-,. W..dy .@, @t by flyi@g
gl,@,.
,cn on," ",g eleol, cts.4,ave caft4edlIze6e,(el.(e@6 1,04Made
/1 alen,(andllte,4ealc I.', V, -Tacn" Yal,,Iv Wouncel
,/O de, leleU"I'g alle@ed, on.(Iie- dav ol-
in Ilieyeai, (loti-t @, ow i4owandnine Acend4edand
e@l'IY- anddej!*naledem.(@cale neim4@,
(@IOUNCIL
,cts4 geat maledd
,y
Vil@(JINI@'k liF,,A('11 l'IFESAVER
O@ M@,@h 15, 1987 @t 2:00 th@,@ .@ @@ @@id@@t ., B.@l@,@ld i-.1@i.g
j@p @,d @ Th@ j,@p @@ .,e,t@,.ed @@d 2 p,opl@ h@d b,@@ th,@@@ 1-,. B.th
d,i@@,@ pi@@,d i@ th@ @@hi@l@@ @,d @ll p@@,@g@,, i, th@ C@.@'.
T@dd J.@@ @,d W..dy Gib@.@, ff-d@ty ith Ch@@p@k, B@@@h R@,@., Sq@@d,
,,,id d th@ @it-tio@. T.dd i.-dit@ly @@ll,d f., @ 11@h t,@lk, ii,@ t,@@k, @@,l
W.dy t@@d .@ th@ t. h@lp. J@t . T.dd @,d @th@,, -@@@d
th, @ight p@@pl@ f,@. th@ C@.@,. ,hi@h @@, @@g.1f@d, it .@,t @p i. f]
SSn /e,4 lim on e e 0 e e
w e@eol, Vlzave caudcdl4 6 t' @ mad
lia
to 4, lioemnlo alle@d, on lltc-dav c/-
t Ilieyrezi 110"tT-d, one Iltowandneke lice@,tdltedand
e@lil
SAFETY COUNCIL
g,o
6#e,, J@.4 a I JDafi,&k lavlanaugfi
tc,4 geii
VIRGINIA BEACH LIFESAVER
On June 15, 1987 about 11:00 p.m., Patrick Kavanaugh was working the night shift
on Atlantic Avenue where he supervises the tracking of TRT trolleys that operate on the strip,
when he saw a man grab a young woman around the chest and put a knife to her throat.
He called to the attacker "Hey!" and the man turned and saw Patrick and started running.
He chased the man over flower pots and on the boardwalk where he tackled, subdued, and
held him until the police arrived.
Patrick endangered his life by chasing and subduing the attacker.
/e,4, (,, @ c n @ mad
,y w.4eteel, cj6ave cauAed,(.4eie,(e,(,(el4,(o e e
,halenland 1,4ej ce/
en 14e y,-,a4 0/@@ @d, Olne 1hom4andne;ie Atend4edand
67- andde,4@na,(edce4lctsicale n"mvlet,
'Y
IVY -IA , 'e. . ie& Y,)A ai
SAFETY COUNCIL
VIRGINIA BLIACH LIFESAVER
2 2 1 @)@;7 l@@ , I I I (I A @l I I I I 1 i ,.1i A
f i @l i k I y 1, 1, I . . . . . I l@ T' I 11 @'i i . 11
@ , i I ., @; I , j 1, 1, , ,i,, . ;, , ,, , i , r y
,cn leile@non tii dt' 4e lel,(eti lo @e made
wl,,eteol, qlave ca c lie
onf? Iliou4an,,Ine@e I?,eene6edano,'
- 14 -
Item IV-C.1
RESOLUTIONS IN RECOGNITION ITEM # 27907
Mayor Robert Jones PRESENTED a RESOLUTION IN RECOGNITION to:
DR. E. E. BRICKELL
Said Resolution was read by Councilwoman McClanan. Dr. Brickell was in
Richmond and unable to attend the Ceremony.
This Resolution recognized Dr. E. E. Brickell for his service and dedication to
the VIRGINIA BFACH CONSTITUTION'S CELEBRATION COMMISSION.
- 1 5 -
Item IV-G.2
CERE140NIAL PRESENTATIONS ITF14 # 27908
Mayor Robert Jones PRESENTED a RESOLUTION IN RECOGNITION to:
MISS CAROL GARRISON
Said Resolution was read by Councilwoman Henley. Dr. Garrison ACCEPTED the
RESOLUTION IN RECOGNITION for his daughter, Carol.
This Resolution recognized Carol Garrison for her service and dedication to the
VIRGINIA BEACH CONSTITUTION'S CELEBRATION COMMISSION.
- 16 -
Item IV-G-3
CEREMONIAL PRESENTATIONS
RESOLUTION IN RECOGNITION ITEM # 27909
Mayor Robert Jones PRFSENTED a RESOLUTION IN RECOGNITION to:
ALAN GIVENS
Said Resolution was read by Councilman Baum. Mrs. Givens ACCEPTED this
RESOLUTION IN RECOGNITION for her son.
Relative the Commission on the Bicentennial of the United States Constitution's
writing competition, this Resolution recognized Alan Givens as FIRST PLACE
winner in the Disabled American Veterans' Chapter No. 20 contest and SECOND
PLACE in the State Competition for his essay: "How Does The Separation of
Powers Help Make It Work?"
Alan Givens received a Scholarship to Cornell University from the Disabled
American Veterans, Chapter 20.
- 17 -
Item IV-C-4
RESOLUTIONS IN RECOGNITION ITEM # 27910
ADD-ON
Mayor Robert G. Jones PRESENTED a RESOLUTION in RECOGNITION:
MAYOR'S COMMITTING ON THE AGING
Sam Houston ACCEPTED this RESOLUTION and recognized the other Members of the
MAYOR'S COMMITTEE ON THE AGING: Chairman: Gordon M. Morton, Jr. , J. Roy
Alphin, William Ashman, Cassandra "Go Go" Barnes, Anthony Bruder, Laurmel
Buergey, Mary E. Cox, Alice R. DuBois, Beulah C. Humphries, Michael F. LaBouve,
Elizabeth C. McClane, William G. Milner, Gordon M. Morton, Madeline B. Nevala,
Mable Owen, Wiley A. Scott, Robert L. Simpson and Howard M. Williams.
The MAYOR'S COMMITTEE ON THE AGING was created and organized by Mayor Donald H.
Rhodes on June 8, 1971.
1 8
Item IV-D.
CERE140NIAL PRESENTATIONS
AWARDS - S V J T A ITF14 # 27911
Vice Mayor Oberndorf, Chairman of the Southeastern Job Training Administration,
PRESENTED AWARDS for the OUTSTANDING PERFORMANCE in the 1987 SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM:
MICHAEL HUSK
Department of Housing and Gommunity Development
KIMBERLY SPRUILL
Office of the City Clerk
Michael Husk, Kimberly Spruill and their parents were in ATTENDANCE to accept
these AWARDS.
- 19 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 24, 1987
8:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BKACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 24,
1987, at 8:10 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATTON: Reverend Bruce K. Modahl
Evangelical Lutheran Church
of the Good Shepherd
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF MMICA
- 20 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item V-D.1 ITEM # 27912
Mayor Robert G. Jones referenced the applications of National Beach Corp. and
George F. and Frances M. Phillips for Changes of Zoning at the northwest
corner of Holly and Pinewood Road on Lots 82 and 83, AND, on the north side of
Pinewood Road, 270 feet west of Holly Road on Lot 84, Linkhorn Park (Virginia
Beach Borough): from R-1 Residential District to 0-1 Office District,
containing 1.886 acres AND, from R-3 Residential District to 0-1 Office
District, containing 2.444 acres. (See Item V-G.l.h. of the PLANNING GENDA).
Mayor Jones advised this item will be MOVED FORWARD to the first item on the
PLANNING AGENDA.
Item V-D.2 ITEM # 27913
The City Manager referenced an Ordinance to transfer $7,000 within the General
Fund to provide for a part-time Clerk Typist position in the Office of City
Clerk. (See Item IV-H.1 of RESOLUTIONS).
This Ordinance will be WITHDRAWN from the AGENDA for further study.
Item V-D-3 ITEM # 27914
Councilwoman McClanan referenced additional wording to clarify the Resolution
providing for the Amendment of the Charter of the City of Virginia Beach,
Virginia, By Amending Section 2.02 to add a New Subparagraph (4) to authorize
the Protection and Replacement of TREES on Private Property.
This item will be ADDED under UNFINISHED BUSINESS.
Item V-D-4 ITEM # 27915
Councilman Baum requested a discussion relative TRAVEL POLICY be added under
UNFINISHED BUSINESS.
Item V-D-5 ITEM # 27916
Councilman Moss requested a discussion relative ADVERTISING of the 1987
REFERENDUM.
This item will be added under UNFINISHED BUSINESS.
Item V-D.6 ITEM # 27917
Councilwoman Parker referenced the REPORT ON AMORTIZATION OF NON-CONFORMING
SIGNS AND BILLBOARDS developed by William MacCali, Assistant City Attorney at
her request.
Councilwoman Parker complimented Mr. MacCali relative this excellent and
thorough research paper. Copies of this report will be distributed under NEW
BUSINESS.
- 21 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item V-D.7 TTEM # 27918
Councilman Fentress will sponsor Sheldon Corner of the TWENTY-FOURTH STREET
OCEANFRONT PARK COMMITTEE under UNFINISHED BUSINESS.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
- 22 -
Item V-E.1
MINUTES ITEM # 27919
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of August 17,
1987.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McClanan ABSTAINED as she was not in ATTENDANCE at the City
Council Meeting of August 17, 1987.
- 23 -
Item V-F. 1 .
PUBLIC HEARING ITEM # 27920
Mayor Robert G. Jones referenced the PUBLIC HEARING:
Issuance of Juvenile and Domestic Relations
District Court Facility Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of
$7,500,000, subject to the approval of the
qualified voters.
Mayor Jones advised this PUBLIC HEARING was advertised; however, is herewith
CANCELLED due to the action of City Council on August 17, 1987, to remove the
subject from the 1987 Referendum.
23a
PUBLIC NOTICE
On the 17th of August 19 87, at
2:00 p.m. in Coun8il Chambers
on the Second floor of the City
Hall Buillin,
Cou@ Municipal Cen
ter, the cil of the City of
Virginia Beach, Virginia, will
hold a public hearing on an or-
dinance entitled "An Ordi-
nance AOthorizing the
lssurance of Recreational Fa-
cilities Bonds of the City of Vir-
ginia Beach, Virginia, in the
Maximum Amount of
$32,850,000 Subject to the Ap-
proval'of the Qualified Voters."
A copy of the full text of the
ordinance is on file in the office
of the City Manager.
Ruth Hpdges Smith, CMC
- 24 -
Item V-G. 1 .
PUBLIC HEARING
PLANNING ITEM # 27921
Mayor Jones DECLARED a PIJBLIC HEARING on:
PLANNING
a. GEORGE McCADDEN CONDITIONAL USE PERMIT
b. T & J PARTNERSHIP CONDITIONAL USE PERMIT
c. J. L. CAFFREY VARIANCE
d. KENNETH L. SEAY VARIANCE
e. MICHAEL H. LEVINSON and CHANGE OF ZONING
EARL M. & MARGARET H. FULLER
f. LILLEL FARMS, INC. CHANGE OF ZONING
g. JOHN H. GIMBERT CHANGE OF ZONING
h. NATIONAL BEACH CORPORATION and CHANGFS OF ZONING
GEORGE F. AND FRANCES M. PHILLIPS
- 25 -
Item V-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 27922
Willie McCadden, represented his father, the applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of GEORGE McCADDEN for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GEORGE McCADDEN FOR A
CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
R08871070
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of George McCadden for a
Conditional Use Permit for a bulk storage yard on
certain property located on the East side of Davis
Street, 535.60 feet north of Virginia Beach
Boulevard. Said parcel contains 24,002 square feet.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. A six-foot solid wooden fence, consisting of #1
Western Red Cedar of #1-SYP-04OCCA treated posts,
set in concrete, must be provided around the
perimeter. Category II plantings are to be
established between the wooden fence and the
street.
3. The trees existing on site are to remain as an
additional buffer.
4. The roadway used as access to this site is to be
paved.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven.
- 26 -
Item V-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 27922 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Pentress,
Harold Heischober, Barbara M. Henley Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 27 -
Item V-G.l.b
PUBLIC HEARING
PLANNING ITEM # 27923
Attorney Michael A. Inman, 500 Pembroke 5 Building, Phone: 490-8000,
distributed a brochure containing resumes on the development team, schedule of
Staff Positions and Number of Parties per type of Care, Site Location Map,
Floor Plan and Key, Utility and Support Services Availability Letter, as well
as letters of recommendation (Said brochure is hereby made a part of the
record). This property will be HUD insured.
Sam Houston, 946 Oriole Drive, representing self, spoke in support of the
application and the need for elderly care.
Julie Smith, Realtor, assured the validity of the survey in support of said
application.
OPPOSITION:
Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957, represented the
Newlight Civic League and distributed a copy of a petition in OPPOSITTON
presented at the Planning Commission and an original petition in OPPOSITION.
(Said petitions are hereby made a part of the record).
Russell L. Clark, 1201 Fenton Street, Phone: 424-3587, represented the Newlight
Civic League
The City Clerk referenced a letter of August 22, 1987, from Thomas A. Curran,
President - Lake James Homes Association, expressing OPPOSITION to the
construction of a nursing home on Indian River Road. (Said letter is hereby
made a part of the record).
A MOTION was made by Councilman Perry, seconded by Vice Mayor Oberndorf to
DEFER for two weeks an Ordinance upon application of T & J Partnership for a
Conditional Use Permit for a nursing home on the north side of Indian River
Road, 80 feet east of Fenton Street (2055 Indian River Road), containing 5.356
acres (Kempsville Borough). MOTION WITHDRAWN as the Conditional Use Permit must
be granted before the State can issue a Certificate of Need. Vice Mayor
Oberndorf suggested adding an additional condition reflecting that if the
Certificate of Need is not issued, said application shall be NULL AND VOID.
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of T & J PARTNERSHIP for a Conditional
Use Permit for a nursing home.
ORDINANCE UPON APPLICATION OF T & J PARTNERSHIP FOR
A CONDITIONAL USE PERMIT FOR A NURSING HOME
R08871071
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHP VIRGINIA
Ordinance upon application of T & J Partnership for
a Conditional Use Permit for a nursing home on
certain property located on the north side of
Indian River Road, 80 feet east of Fenton Street.
Said parcel is located at 2055 Indian River Road
and contains 5.356 acres. Plats with more datailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH. (NEWLIGHT ARFA)
- 28 -
Item V-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 27923 (Continued)
The following conditions shall be required:
1. Category II screening along the eastern, northern
and western boundaries for the site to include a
fifteen-foot (151) buffer along the perimeter of
the northern end.
2. A twelve-foot (121) right-of-way dedication is
required along Indian River Road to establish an
eight lane divided section as per the Master Street
and Highway Plan.
3. A right-of-way dedication for a right-turn lane is
required for this site. Only one (1) entrance (curb
cut) will be allowed on Indian River Road.
(deacceleration lane)
4. Automatic sprinkler and fire alarm system meeting
the approval of the City's Fire Protection
Engineer.
5. For reasons of neighborhood compatibility, the
height of the building will be limited to one-story
and the architecture shall be as per the submitted
site plan. The following shall also be adhered to:
a. Limited to a one-hundred twenty (12) bed
facility.
b. The building shall be an all brick structure.
c. Low level lighting directed inward away from the
property lines.
d. Landscaping in front of the parcel adjacent to
Indian River Road shall be in accordance with
the illustration and proposed site plan
presented at the City Council Meeting of August
24, 1987.
6. Access will be limited to Indian River Road to
discourage any traffic impact upon the
neighborhood.
7. At site plan review, the location of the building
must be set back further from Indian River Road at
a location acceptable to the Planning staff.
Further widening to Indian River Road could
otherwise cause undue disruption to this facility
in the future. (deacceleration lane).
8. A minimum of sixty-five parking spaces are to be
provided.
9. The vacant land to the rear of this site is to
remain a part of the nursing home. (Said land is to
be incorporated into the rear of the site with
proper landscaping.)
10. The Conditional Use Permit shall be subject to the
issuance of a Certificate of Need by the
Commonwealth of Virginia and should same not be
issued, said Conditional Use Permit shall be NULL
and VOID and single family homes shall be
constructed instead of the nursing home.
11. The nursing home shall have ample windows.
- 29 -
Item V-G.l.b.
PUBLIC HEARING
PLANNING ITEM # 27923 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Moss was assured by Robert Scott, Director of Planning that
Condition No. 7 provided the proper latitude to insure that the applicant bears
the expense for the deacceleration lane and that same will be handled in the
normal course of development as a part of site plan review.
- 30 -
Item V-G.I.c
PUBLIC HFARING
PLANNING ITEM # 27924
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested same be REFERRED BACK to the Planning Commission for
submission of a new site plan with less density.
The City Clerk referenced a letter in OPPOSITION from Scott T. Roberts,
accompanied by a petition from concerned members of the neighborhood requesting
DENIAL. (Said letter is hereby made a part of the record).
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council REFERRED BACK TO THE PLANNING COMMISSION FOR SUBMISSION OF A NEW SITE
PLAN the application of J. L. CAFFREY for a Variance to Section 4.4.(d) of the
Subdivision Ordinance which requires that all lots have direct access to a
public street.
Appeal for Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for J. L. Caffrey. Property
is located at the northeast corner of 15th Street
and Baltic Avenue. Plats with more detailed
information are available in the Department of
Planning. VIRGINIA BEACH BOROUGH.
As per request of Councilwoman Henley and Vice Mayor Oberndorf, Robert Scott
shall NOTIYY the OPPOSITION (Scott T. Roberts) by CERTIFIED LETTER as well as
those on the petition in OPPOSITION when said application will be reheard by
the PLANNING COMMISSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 31 -
Item V-G.l.d.
PUBLIC HFARING
PLANNING ITEM # 27925
Attorney Robert Cromwell represented the applicant, Phone: 499-8971 and
requested WITHDRAWAL
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ALLOWED WITHDRAWAL of an application of KENNETH L. SFAY for Variance to
Section 4.4(d) of the Subdivision Ordinance which requires that all lots have
direct access to a public street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the subdivision
Ordinance, Subdivision for Kenneth L. Seay.
Property is located at the southwest corner of
Croatan Road and Secotan Road. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item V-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 27926
Michael Levinson, 4456 Bonney Road, the applicant, represented himself and Earl
M. & Margaret H. Fuller
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of MICHAEL H. LKVINSON AND EARL M. &
MARGARET H. FULLER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF MICHAEL H. LEVINSON
AND EARL M. & MARGARET H. FULLER FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION Z08871177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Michael H. Levinson
and Earl M. & Margaret H. Fuller for a Change of
Zoning District Classification from 0-1 Office
District to B-3 Central-Business District on the
north side of Bonney Road, 1138-05 feet west of
Bendix Road. Said parcel is located at 4468 Bonney
Road and contains 2.164 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The utilization of Best Management Practices for
controlling storm water runoff which are reasonably
applicable to the development of this site.
2. There shall be only one curb cut on this parcel to
be rezoned.
Prior to the changing of official zoning maps:
3. A dedication is required along the frontage on
Bonney Road to provide for a right-turn lane into
this site, subject to site plan review.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 33 -
Item V-G.l.f.
PUBLIC HEARING
PLANNING ITEM # 27927
Richard Basgier, 512 Pine Hill Road, Phone: 427-1332, represented the applicant
and requested DEFERRAL for said application in the subdivision of Alexandria.
The City Clerk referenced a letter from W. Breck Wood, dated August 14, 1987
requesting DEFERRAL of thirty (30) days. (Said letter is hereby made a part of
the record).
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
DENIED an Ordinance upon application of LILLEL FARMS, INC. for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF LILLEL FARMS, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO B-2
Ordinance upon application of Lillel Farms, Inc.,
for a Change of Zoning District Classification from
R-8 Residential District to B-2 Community-Business
District on certain property located on the east
side of Kempsville Road at the intersection with
the Virginia Beach-Chesapeake City Line. Said
parcel contain 8.795 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item V-G.l.g.
PUBLIC HFARING
PLANNING ITF14 # 27928
Gregory L. Sandler, 1-12 Glen Willow Drive, Phone: 495-8565, represented the
applicant
John H. Gimbert, 5748 Normandy Avenue, Phone: 420-9623, the applicant,
represented himself and presented petitions (Said petitions are hereby made a
part of the record)
OPPOSITION:
Harry Flug, 509 Rodney Lane, Woods of Avalon, Phone: 523-0799
Jay White 625 Baden Avenue, Phone: 420-4679
William S. Bullard, 5721 Normandy Avenue
Frank Nowland, 508 King Arthur Drive
John Aldrich, 5609 Elgin Road, Phone: 420-8287
Paul Hamaker, 703 Fiona Lane, Phone: 42o-9620
Steve J. Sims, 720 Avalon Avenue, Phone: 420-4448
Cliff Homlquist, 9716 Normandy Avenue, Phone: 424-3123, registered in
OPPOSITION but WAIVED his right to speak.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
DENIED an Ordinance upon application of JOHN H. GIMBERT for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF JOHN H. GIMBERT FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-2
TO R-5
Ordinance upon application of John H. Gimbert for a
Change of Zoning District Classification from R-2
Residential District to R-5 Residential District on
certain property located on the north side of
Normandy Avenue, 690 feet more or less west of
Avalon Avenue. Said parcel is located at 5748 and
5744 Normandy Avenue and contains 11.5 acres.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. HenleyMayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent;
None
- 35 -
Item V-G.l.h.
PUBLIC HEARING ITF14 # 27929
PLANNING
Attorney Moody Stallings, represented the applicant and requested WITHDRAWAL
and advised he had spoken with Grover Wright who represented the Linkhorn Park
Civic League and they did not OBJECT to the WITHDRAWAL. The WITHDRAWAL is
requested for submission of a new application with lower density.
Lewis Allen, 101 Ridge Road, Phone: 422-2898, had registered in OPPOSITION but
stated he was not in OPPOSITION to the WITHDRAWAL.
The City Clerk referenced a letter from Grover Wright dated July 7, 1987,
stating concerns of the Linkhorn Park Civic League to said application. (Said
letter is hereby made a part of the record).
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL BEACH
CORPORATION for a Change of Zoning:
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-1 TO 0-1
Ordinance upon application of National Beach
Corporation for a Change of Zoning District
Classification from R-7 Residential District to 0-1
Office District on the north side of Pinewood Road,
270 feet west of Holly Road on Lot 84, Linkhorn
Park. Said parcel contains 1.886 acres. VIRGINIA
BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Councilwoman Parker ABSTAINED as she and her husband do business with George F.
and Frances M. Phillips.
- 35a -
Item V-G.l.h.
PUBLIC HEARING
PLANNING ITEM # 27929 (a)
Attorney Moody Stallings, represented the applicant and requested WITHDRAWAL
and advised he had spoken with Grover Wright who represented the Linkhorn Park
Civic League and they did not OBJECT to the WITHDRAWAL. The WITHDRAWAL is
requested for submission of a new application with lower density.
Lewis Allen, 101 Ridge Road, Phone: 422-2898, had registered in OPPOSITION but
stated he was not in OPPOSITION to the WITHDRAWAL.
The City Clerk referenced a letter from Grover Wright dated July 7, 1987,
stating concerns of the Linkhorn Park Civic League to said application. (Said
letter is hereby made a part of the record).
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL BEACH
CORPORATION for a Change of Zoning:
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-3 TO 0-1
Ordinance upon application of National Beach
Corporation for a Change of Zoning District
Classification from R-@ Residential District to 0-1
Office District on the northwest corner of Holly
Road and Pinewood Road on Lots 82 and 83, Linkhorn
Park. Said parcel contains 2.444 acres. VIRGINIA
BEACH BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Councilwoman Parker ABSTAINED as she and her husband do business with George F.
and Frances M. Phillips.
- 36 -
Item V-H.1
RESOLUTIONS ITEM # 27930
Edward Bankston, 4316 Hemitage Road, Phone: 460-1735, spoke in OPPOSITION
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution providing for holding an election to
determine whether to request the General Assembly
to AMEND Section 6.05:1, AND, REPEAL Section 6.05:2
of the Charter of the City of Virginia Beach,
relating to the Issuance of Bonds, 1987 Referendum.
The Resolution ADOPTED by City Council
on August 17, 1987, relating to the
calling of a REFERENDUM on the amendment
of the City Charter is hereby REPEALED.
ANDP
APPROVED as AMENDED, QUESTIONS for the 1987
REFERENDUM BALLOT:
Shall the City of Virginia Beach request the
General Assembly to amend Section 6.05:1 of the
City Charter to increase the amount of bonds or
other debt obligations that may be borrowed
annually without an election (voter approval) from
the present allowance of $10-MILLION dollars of new
debt plus that amount which was retired during the
calendar year to an amount which shall not exceed
.25 percentum of the assessed value of real estate
in the City subject to taxation, as shown by the
assessment for taxes for the last preceding year?
AND,
Shall the City of Virginia Beach request the
General Assembly to Repeal Section 6.05:2 of the
City Charter which provides for an additional $8-
Million dollars of bond debted authority without an
election (voter approval) if 20% of the yearly
charter bonds are reserved for roads, highways and
bridges?
THE ADOPTION OF THIS RESOLUTION DOES NOT RF.FI.F.CT PERSONAL VIEWS OF INDIVIDIJAL
COUNCIL MEMBERS.
- 37 -
Item V-H.1
RESOLUTIONS ITEM # 27930 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 37a -
1 A RESOLUTTON PROVIDING FOR HOLDING
2 AN ELECTION TO DETERMINE WHETHER TO
3 REQUEST THE GENERAL ASSEMBLY TO
4 AMEND SECTION 6.05:1 AND REPEAL
5 SECTION 6.05:2 OF THE CHARTER OF
6 THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, RELATING TO THE ISSUANCE
8 OF BONDS
9
10
11 WHEREAS, it is the opinion of the Council of the City
12 of Virginia Beach, Virginia (the City), that an election should
13 be held to determine whether the qualified voters desire that the
14 City Council request the General Assembly to amend provisions of
15 the Charter of the City relating to the issuance of bonds;
16 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18 1. It is hereby determined to be in the best interest
19 of the City that an election should be held to determine whether
20 the qualified voters desire that the City Council request the
21 General Assembly to amend section 6.05:1 of the Charter to read
22 as follows:
23
24 Section 6.05:1. Authority for issuance of bonds.
25
26 No bonds of the city shall be issued until their
27 issuance shall have been authorized by an ordinance adopted by
28 the affirmative vote of two-thirds of all members of the council
29 and approved by the affirmative vote of a majority of the
30 qualified voters of the city voting on the question at an
31 election called and held for the purpose in the manner provided
32 by law for submitting any question or proposition to the voters;
33 provided that bonds and other obligations shall not be subject to
34 the foregoing requirements if they are (a) of a type excluded
35 from the computation of indebtedness of cities and towns under
36 section 10(a) of article VII of the Constitution and are
37 authorized and issued so as to satisfy the conditions for
38 exclusion set forth therein or (b) refunding bonds; provided,
- 37b -
39 further, that the council may, without submitting the question of
40 their issuance to the qualified voters, issue bonds or other
41 obligations in any calendar year for any proper purpose in such
42 amounts as shall not exceed i:nerease-.t@@1--indebtedness--&f
43
44
45
46 percentum of the assessed value of real estate in the city
47 subject to taxation, as shown by the assessment for taxes for the
48 last preceding year. For the purposes of this paragraph, the
49 terms "bonds", "other obligations" and "indebtedness" shall not
50 include contractual obligations of the city other than bonds and
51 notes. For purposes of determining the amount of bonds or other
52 obligations that may be issued in any calendar year without an
53 election, there shall not be included (i) bonds or other
54 obligations that were approved at an election and (ii) refunding
55 bonds in each case issued in such year. Authorized bonds or
56 other obligations which could have been issued without an
57 election on December thirty-one in the year they were authorized
58 may be issued in a subsequent year without affecting the annual
59 limitation for such subsequent year.
60 The total indebtedness of the city as determined in
61 accordance with the provisions of article VII, section 10 of the
62 Constitution shall not at any time exceed ten per centum of the
63 assessed valuation of the real estate in the city subject to
64 taxation, as shown by the last preceding assessment for taxes,
65 nor shall the limitations imposed by the preceding paragraph on
66 the issuance of bonds or other obligations in any calendar year
67 without a referendum be increased, until after such questions
68 shall have been submitted to the voters of the city in a
69 referendum held pursuant to section 3.09 of this Charter.
70 2. It is hereby determined to be in the best interest
71 of the City that an election should be held to determine whether
72 the qualified voters desire that the City Council request the
73 General Assembly to repeal section 6.05:2 of the Charter.
2
- 37c -
74 3. The Circuit Court of the City is hereby requested
75 to order an election pursuant to Sections 15.1-834 and 24.1-165
76 of the Code of Virginia of 1950, as amended, to determine if the
77 qualified voters of the City desire the Council to request the
78 General Assembly to amend the Charter as provided above. The
79 Circuit Court is hereby requested to pose the question[s] to the
80 qualified voters in substantially the form set forth in Exhibit
81 A.
82 4. If the qualified voters of the City vote in favor
83 of such proposed amendment[s], the City Manager shall provide for
84 the transmittal of two certified copies of the results of such
85 election, the newspaper publisher's affidavit of publication of a
86 summary of the proposed amendment[s] and the proposed
87 amendment(s) to one or more members of the General Assembly
88 representing the City with the request that the General Assembly
89 amend the Charter as provided above.
90 5. The resolution adopted by City Council on August
91 17, 1987, relating to the calling of a referendum on the
92 amendment of the City Charter is herby repealed.
93
94 JDB/epm
95 08/18/87
96 08/19/87
97 (\ordin\proposed\06-005-l.alt)
3
- 38 -
Item V-H.2
RESOLUTIONS ITEM # 27931
Edward Bankston, 4316 Hemitage Road, Phone: 460-1735, spoke in support of the
Resolution
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in support of the
Resolution
Councilman Moss distributed revisions to Chapter 16 - Department of
Education. (Said Revisions are hereby made a part of the record.) Vice Mayor
Oberndorf advised she was in favor of DELETING lines 41 through 43: "No
board member shall serve more than three (3) consecutive terms on the board,
irrespective of the specific seat held." Councilwoman Parker and Councilman
Perry also had concerns relative the limiting of the Board Members to three
consecutive terms.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, AS AMENDED:
Resolution providing for a Referendum on the
question of whether the General Assembly should be
requested to A@IEND the Charter of the City of
Virginia Beach to provide for the direct election
of the School Board and to grant the School Board
limited taxing authority.
AND,
APPROVED as AMENDED, THE QUESTION for the 1987 REFERENDUM BALLOT:
Should the City Council of the City of Virginia
Beach request the General Assembly of Virginia to
amend the City's Charter so as to provide that
members of the School Board shall be elected by the
voters of the City and that the Elected School
Board be granted limited taxing authority,
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
THE ADOPTION OF THIS RESOLUTION DOES NOT REFLECT PERSONAL VIEWS OF INDIVIDUAL
COUNCIL MEMBERS.
A RESOLUTION PROVIDING FOR A REFERENDUM ON
THE QUESTION OF WHETHER THE GENERAL ASSEMBLY
SHOULD BE REQUESTED TO AMEND THE CHARTER OF
THE CITY OF VIRGINIA BEACH TO PROVIDE FOR THE
DIRECT ELECTION OF THE SCHOOL BOARD AND TO
GRANT THE SCHOOL BOARD LIMITED TAXING
AUTHORITY.
WHEREAS, pursuant to the existing Charter of the city
of Virginia Beach, members of the School Board are appointed to
their positions by the City Council; and
WHEREAS, the City Council of the City of Virginia Beach
is of the opinion that the voters of the City of Virginia Beach
should be asked to decide whether the City Council should request
the General Assembly to amend the City's Charter to provide for
the direct election of the School Board by the voters of the
City, and to grant the School Board limited taxing authority.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the Circuit Court of the City is hereby
requested to order an election pursuant to SSSS 15.1-834 and 24.1-
165 of the Code of Virginia of 1950, as amended, to determine if
the qualified voters of the City desire the Council to request
the General Assembly to amend the Charter of the City so as to
provide for the direct election of the School Board and to grant
the School Board limited taxing authority.
2. That the question for the ballot shall read as
follows:
Should the City Council of the City of
Virginia Beach request the General Assembly
of Virginia to amend the City's Charter so
as to provide that members of the School
Board shall be elected by the voters of the
City and that the elected School Board be
granted limited taxing authority.
3. If the qualified voters of the City vote in favor
of such request, the Mayor shall provide for the transmittal of
two certified copies of the results of such election together
with the publisher's affidavit and the proposed amendments to the
City's Charter to one or more members of the General Assembly
representing the City with a request that the General Assembly
amend the Charter in the manner provided in S 15.1-834.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 24th day of August -1 1987.
GLF/rab
8/13/87
8/24/87
2
- 39 -
Item V-I.1
ORDINANCES ITEM # 27932
BY CONSENSUS, the following Ordinance was WITHDRAWN by the City Manager for
further information.
Ordinance to transfer $7,000 within the General
Fund to provide for a part-time Clerk Typist
position in the Office of City Clerk.
- 40 -
Item V-I.2
ORDINANCE ITEM # 27933
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by ADDING a new
Section 21-129 pertaining to vehicle equipment,
(truck covers).
Councilwoman McClanan distributed an Ordinance further amended from that
enclosed in the City Council Agenda.
On Line 17 the word "leaking" shall be inserted after the word "sifting" and
before the words "or otherwise".
On Line 29, the word produce after the word "agricultural" shall be changed
to the word "products".
Section iv shall be eliminated.
The Ordinance shall be effective 6 months from date of adoption.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 40a -
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 SECTION 21-129 PERTAINING TO
5 VEHICLE EQUIPMENT.
6
7
a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That the Code of the City of Virginia Beach, Virginia,
11 is hereby amended and reordained by adding a new Section 21-129
12 to read as follows:
13 Section 21-129. Enclosure to prevent escape of contents.
14 No vehicle shall be operated or moved on any street or
15 highway in the city unless such vehicle is so constructed,
16 maintained and loaded as to prevent its contents from dropping,
17 sifting, leaking or otherwise escaping therefrom, including
18 covering or otherwise securing material susceptible to falling or
19 being blown from the vehicle; provided, however, that no
20 provision of this section shall apply to: (i) any motor vehicle
21 which is used exclusively for agricultural purposes and which is
22 not operated on or over any public highway for any other purpose
23 other than for the purpose of operating it across a highway or
24 along a highway from one point of the owner's land to another
25 part thereof irrespective of whether or not the tracts adjoin;
26 (ii) any agricultural vehicle, tractor or other vehicle exempted
27 from registration and licensing requirements pursuant to code of
28 Virginia section 46.1-45; or (iii) any motor vehicle transporting
29 poultry, livestock, or agricultural products.
30 This Ordinance shall be effective six (6) months from
31 the date of its adoption.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 24th day of August 1987.
34 WEB/lmt/epm
35 04/15/87
36 04/16/87
37 05/13/87
38 08/24/87
39 CA-86-02233
40 (ordin\proposed\21-129.pro)
- 41 -
Item V-J.
CONSENT AGENDA ITEM # 27934
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED in ONE MOTION, Items 1, Plus ADD-ON, 2, 3, 4, 5, 6, 7, 8 and 9 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Aye
- 42 -
Item V-J. 1 .
CONSENT AGENDA ITEM # 27935
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED with the ADD-ON Resolution:
RESOLUTIONS IN RECOGNITION
Dr. E. E. Brickell
Miss Carol Garrison
Alan Givens
Mayor's Committee on the Aging
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Ferry
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Aye
- 42a -
CN IN @TION
Tne history of Auerica is one of a nation of people
helping other uwple -- joining together to build a better society -
dedicati.on and ccmitment;
Life is so Lripredictablel tb day ccmes back! Life is
short at best! nat which makes life rodst wc)rth living is the sure
Rmwledge that @ ourselves have fulfilled our purpdse, met our
obligation to our fellow citizens and can be satisfied we have done our
best,
Virginia Beach has joined nationally with other
municipalities to honor the United States Cbnstitution and celebrate
its Bicentennial. s of this Bicentemial (bnstitution
Celebration ssion were carefully selected for their expertise and
dedication to the ity;
WHEREAS: I)r. E. E. Brickell served as a @er on the Virginia
]3each Cbnstitution's Celebration Ccnmlssion. @s dedication,
c@tment and unselfish service have involved personal sacrifices wO
in(mrrvenierr-es, mt only to himself but frequently to the fanily; and,
Advisors and Volunteers have saved the City mtold
dollars, but more impcrtantly, our successful growth depen-Is upon then.
NUA, RE, BE IT RESOLVED: That the Virginia Beach City
Cburr-il here as@led this TWentl-fourth day of August, Nineteen
Hundred Eighty-Seven, on behalf of tlie citizens of Virginia Beach,
expresses deep GRATITUDE and RESPEET to:
D R. E. E. BRICKELL
Given under my hand and seal,
Mayor
- 42b -
RESOLUTION IN @TION
The history of Anerica is orie of a nation of pec)ple
helping other people -- joining tocjether to build a better society --
dedication and ccmitment;
Tdfe is sc) unpredictable! N:) day canes backl Life is
short at best! @t which nukes life mst wcrth living is the slwe
kiowledge that @ uwselves have fulfilled our p=pose, met our
cbligation to our fellow citizens and can be satisfied we have done our
best;
Virginia Beach has joined nationally with other
municipalities to honor the Lhited States (bnstitution and celebrate
its Bicentennial. s of this Bicentermial Constitution
Celebration Cmmission were carefully sel@ted for their expertise and
dedication to the ity;
: Carol Garrison served as a @ on the Virginia Beach
Cbnstitution's Celebration Ccmnission. Her dedication, ccmnitnent an-I
unselfish service have involved persona)- sacrifices and inconvenierr-es,
mt ordy to herself but fr@ently to the fani ly; and,
Advisors md Volunteers have saved the City Lmtold
dollars, but more irnpcrtantly, our successful growth depe@s upon them.
NOW, RE, BE IT RESOLVED: 'Ihat the Virginia Beach City
Cburr-il here ass@led this Twenty-fburth day of August, Nineteen
Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach,
expresses deep GRATITUDE and RFSPBCT to:
CAROL GARRISON
Given under my hand and seal,
@yor
- 42c -
RESO=ICN IN @TION
: 1987 is the beginning of a five year celebration of the
BI of the writing and ratification of the United States
CONMTUTION and the Bili of Rights;
: The significant role p.Layed by the @@alth of
Vizginia in the develoement of the Cbnstitution as well as the
ratification of that doclynent is without parallel anong the original
thirteen states. PrdDably withDut Virginia, the Cbnstitution @uld riot
have evolved as it did mr when it did -- wayoe not at all;
Indeperileme was @n at Yorktown in 1781, Vircjinians
realized the LJnited SLates \,as Lriited in nane only as they @re
governed by the Articles of Cbnfederation - a treaty of friendship
more than a bllieprint for gcverning a country. Virgini-a vas anong the
first to respond with delegates to the national meeting of 'Ihe
(bnj:ederation adngress on Eubruary 21, 1787;
WHEREAS: Vircjjnians can pride themselves on their history and the
role the @n@alth played in Auerican history; and,
ssion on @ Bicentennial of the LJnited States
@nstitution autborized a national writing caupetition for high school
students.
Mu, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City
aDunr-il pause in the deliberations to recozjnize
ALAN GIVENS
a Senior at Princess Anne High School who wm FIFST @ in Di@led
Anerican Veterans' Chapter No. 20, Virginia Beach, in the Second
Cbngressional District of Virginia and Seco@ Place in the State
ccrnpetition for his essay: "l-bw Does 'Ihe Separation of Powrs R?lp
@ke It Wxk?" This dialogue between an Emigrant father and his twelve
year oid son takes place in @w York City. The Virginia Beach Chapter
of rAV awarded Alan partial schc)larship furds for Cornell University as
a result of his plar-anent with this essay.
Given under my harid and seal,
this t@y-fourth day of @ust,
Nineteen H@ed Eighty-Scven
tRYOR
- 42d -
RESOLIJTION IN TION
MAYOR'S COMITREE ON THE AGING was created and organized by @yor
Dona)-d H. Ebodes June 8, 1971, with a inembership of eighteen voluntl-er citizens Belected
to assist @ Mayor in planning actions to meet the needs of Senior Citizens of @ City
of Virginia Beach. The tte-e has subcai@ttees devo@ to housing, trans@rtation,
available services and other oo@erns;
A growing need for decent aff-ordable housing for Senior Citizens is
of great concem, there is also adrr-ern about Senicrs in the l@inccrne bracket, tho@-
vho need pliblic transpdrtation, the r)eed for cctnpanion living, concerns for Excessive
utility bills and the rieed for discounted real estate taxes;
WHEREAS: 'Ihe ttee pro@sud the idea of a tclephone information &'Id
referral service to help Senicr Citizens find answers to their qu-cstions regarding a
large range of slibjects. 9he Uni@,d @y, in joint eff-ort with the City of Virginia
Bear-h, established a adnfidential hlinaii servic(-,s inco@t-ional @ referral service,
called S NE available duriiij o"fice hDurs @@ay thru FY-iday. By autcmatic access
there are 3700 sources of help for the disabled, lon@t-exm health care for the elderly,
adoption sL,,rvices, adult day care, training pr@rans, l@ aid, support groups,
transportation, volunteer oppcrtunities and rauch rncre. @,archline also provides
infbnuation as to %bether frown ineat loso-s its nutrition or if one can receive the sarne
blood doriated to a blood bank ai@ mcre. @ Ccranittee played a very important role in
getting the @ORRCW/'IOLAY show on ODx Cable@ s Channel 29, the public access channel fidr
gcvernuental prcgr@. @s program series took about om year to produce. MAs 'half-
hour prcgran has prcvided features on persc)iia.L safety, security, mental health,
insurance, nutrition, exercise, music, ar-t, taxes, housing and hcmc-sharing. Tidewater
@ity Cbllege provides caiiera, prod@tion slaff and everything -it takes to produce
this show which airs several t@s weekly. Chesapeake and Potanac 'Mlephorie Ccinpany
wmuaLlly donatl-s $500 for the prodliction of tvD additional slo@. qhe City's @using &
Ocnmunity Developuent has also helped with prodliction of ten segwnts of the prcgr=
and,
'Ihe Virginia ]3each City Cbuncil granted a real estate tax exE!Mption
for certain qualified @per-ty owners @ were nDt 1(-ss than sixt@five years of age on
14ay 1, 1972, and, on Ppril 20, 1981, this exanption vas anended to incllde the
h@icapped. Furtber exemptions were granted by City ODumil action on April 27, 1987.
NOW, RE, BE IT RESOLVED: 9hat the Virginia Beach City Cbuncil pauses in
its deliberations to recognize manbers of the
MAYOR'S CMUTREE ON THE AGING
for their trrmerylous accanplishnent, their dedication and the ruany adntributions @y
have made individually and collectively to tlie Senior Citizens of Virginia Beach.
Given uri-Aer our hands and seal-s this 24th day
neteen Hmdr@ Eighty-sc--,ven
Vice %yor
- 43 -
Item V-J.2
CONSENT AGENDA ITEM # 27936
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance declaring certain property EXCESS and
authorizing the City Manager to execute a
subdivision plat and other documents necessary to
convey said property to Virginia Electric and Power
Company, (Rosemont Forest).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
43a -
QUESTED BY: Aubrey V. Watts, Jr.
DEPARTMENT
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A
SUBDIVISION PLAT AND OTHER
DOCUMENTS NECESSARY TO CONVEY SAID
PROPERTY TO VIRGINIA ELECTRIC AND
POWER COMPANY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, by Deed of Dedication, dated March 15, 1984
and recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 2345, at Page 90,
R. G. Moore Building Corp., a Virginia corporation, conveyed to
the City of Virginia Beach, for recreational purposes, the
following described property, to-wit:
All that certain lot, piece or parcel of
land, situate, lying and being in the City of
Virginia Beach, Virginia, being known and
designated as 1116.424 Acres" as shown on that
certain plat entitled "Plat Showing
Recreation Site for Rosemont Forest and
Rosemont Forest South To Be Dedicated to the
City of Virginia Beach by R. G. Moore
Building Corp., Kempsville Borough, Virginia
Beach, Virginia," made by John E. Sirine and
Associates, Ltd., dated February, 1984,
revised May 15, 1984.
WHEREAS, by virtue of the City's plans to relocate and
improve a portion of existing Indian River Road, a parcel
described as Parcel R-2, containing 1.01180 acres, as shown on
that certain plat entitled: "Preliminary Subdivision of
Recreation Site For Rosemont Forest and Rosemont Forest South,"
will be severed from the above-described tract; and
WHEREAS, it has been determined that the severed Parcel
R-2 is not suitable for its intended recreational purpose; and
WHEREAS, the City Council is of the opinion that the
said Parcel R-2 is in excess of the needs of the city of Virginia
Beach; and
WHEREAS, Virginia Electric and Power Company has
requested the City of Virginia Beach to sell its interest in the
following described Parcel R-2 for the purpose of constructing an
electric distribution and transmission substation; and
- 43b -
WHEREAS, the City Council is of the opinion that the
proposed improvement by Virginia Electric and Power Company will
be beneficial and necessary to the citizens of the City of
Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia
Beach:
All that certain piece or parcel of land,
together with any improvements thereon,
situate in the City of Virginia Beach,
Virginia and described as "Parcel R-2, area
44074 Sq. Ft., 1.01180 Ac." as shown on that
certain plat entitled: "Preliminary
Subdivision of Recreation Site For Rosemont
Forest and Rosemont Forest South Deed Book
2345, at Page 90 Kempsville Borough Virginia
Beach, Virginia," dated May 11, 1987, and
prepared by Waterway Surveys and Engineering,
Ltd., to which reference is made for a more
particular description, a copy of which is
attached hereto marked "Exhibit A."
2. That the City Manager is authorized to execute the
subdivision plat entitled: "Subdivision of Recreation Site For
Rosemont Forest and Rosemont Forest South Deed Book 2345, Page 90
Kempsville Borough Virginia Beach, Virginia," prepared by
Waterway Surveys and Engineering, Ltd.
3. That the City Manager is authorized to execute an
Agreement of Purchase and Sale dated July 9, 1987, with Virginia
Electric and Power Company for the sale of parcel R-2.
4. That the City Manager is authorized to execute and
deliver a Special Warranty Deed conveying Parcel R-2 to Virginia
Electric and Power Company for the consideration of $30,000.00.
5. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 24 day of August 1987.
WCB/rab
7/15/87
Note: Three Fourths vote of Council is required for ordinance to
be effective.
2
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT, dated as of the q 4- day of July,
1987, between VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia
corporation of the Commonwealth of Virginia, (the Purchaser) and
the CIT-Z OF VIRGINIA BEACH, Virginia, a municipal corporation of
the Commonwealth of Virginia (Seller).
W I T N E S S E T H:
WHEREAS, the Purchaser agrees to purchase and the
Seller agrees to sell the hereinafter described real estate upon
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and
the mutual! covenants contained herein, the parties agree as
follows:
1. Real Property: Located in the City of Virginia
Beach, Virginia, being described as:
All that certain piece or parcel of land,
together with any improvements thereon, and
all easements, rights, privileges and
appurtenances thereunto belonging, situate in
the City of Virginia Beach, Virginia, and
described as "PARCEL R-2, AREA 44074 SQ. FT.,
1.01180 AC." as shown on that certain plat
entitled: "PRELIMINARY SUBDIVISION OF
RECREATION SITE FOR ROSEMONT FOREST &
ROSEMONT FOREST SOUTH DEED BOOK 2345, PAGE 90
KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA"
dated May 11, 1987, and prepared by Waterway
Surveys & Engineering, Ltd., to which
reference is made for a more particular
description, and a copy of which is attached
hereto, provided however, the property shall
not contain less than 1.0 acre.
2. Purchase Price: The purchase price is $30,000.00
and shall be paid as follows: The Purchaser shall pay the
purchase price to the Seller at closing by a cashier's or
certified check made payable to the City Treasurer.
3. Conditions: There must be no restrictions,
easements, zoning, or other governmental regulation that would
prevent the use of the property for an electric distribution and
transmission substation.
4. Assessments: Seller warrants that there are no
encumbrances or special assessments, either pending or confirmed
for sidewalk, paving, water, sewer or other improvements on the
property.
5. Other Provisions and Conditions:
(a) Possession is to be given on date of closing.
(b) Date of closing shall be 30 days after the
sa-lisfaction of the conditions precedent set forth
herein, but in no event later than July _, 1988
unless extended by mutual agreement. Purchaser
shall notify Seller in writing of the date of
closing, which shall not be less than 15 days of
such notice.
(c) Closing shall be in the office of the City
Attorney of the City of Virginia Beach, Virginia.
(d) Except for the Grantor's tax the Purchaser
shall pay all costs of recording the deed. Each
party shall pay its own legal fees and expenses.
(e) Seller agrees to deliver the property at
closing in substantially the same condition as at
2
Orv
pi O'
the date of this Agreement. seller assumes all
risk of loss or damage until closing.
(f) Title to the property must be conveyed to the
Purchaser at closing by Special Warranty deed and
must be fee simple marketable title, free of all
liens and encumbrances except easements and
unviolated restrictive covenants that do not
materially affect the value or use of the property
by the Purchaser and such other encumbrances as may
be assumed or specifically approved in writing by
the Purchaser. The property must have legal access
to a public right-of-way.
(g) This contract may not be assigned without the
written agreement of all parties, but if the same
is assigned by written agreement, then the
provisions of this Agreement shall be binding on
the assignee.
(h) Prior to the date of closing, the Purchaser
shall have obtained a current survey of the
property delineating the boundary lines thereof,
the location of any improvements, all rights-of-way
and easements thereon and contiguous public roads
and otherwise acceptable to the Purchaser. Such
survey shall be prepared for the benefit of, and
shall be certified to the Purchaser and the title
company and any mortgagee of the property.
3
Furthermore, such survey shall be adequate for the
title company to delete any exception for survey in
the Title Commitment. The Purchaser shall deliver
a copy of the survey to the Seller and the Seller
shall give the Purchaser written notice of any
objections the Seller has to the accuracy or
quality of such Survey. In the event the Seller
notifies the Purchaser of any such objections, the
Purchaser shall have until the date of closing to
revise such survey to the seller's reasonable
satisfaction and approval, such approval not to be
unreasonably withheld. If the Purchaser is unable
or elects not to attempt to remove or otherwise
resolve to the Seller's satisfaction such
objections, the Seller shall have the right to
terminate this Agreement. The Seller agrees to
utilize such survey for the description of the
property in the deed conveying the property.
(i) If the Purchaser is unable to obtain an
owner's Title Insurance Commitment acceptable to
Purchaser, at its option, it may elect either (a)
to terminate this Agreement, in which event all
rights and obligations of the Seller and the
Purchaser hereunder shall terminate immediately, or
(b) to waive its right to terminate and, instead,
to proceed to closing.
4
(j) The City of Virginia Beach must approve the
necessary subdivision plat, prior to closing.
(k) The Purchaser or its agents may enter upon the
property for engineering studies and the results of
such studies must be satisfactory to the Purchaser
in its sole discretion. However, the Purchaser
agrees to indemnify the Seller against and hold the
Seller harmless from any and all suits, claims, and
demands which may be instituted, made or asserted
against the Seller for damage to property or for
injury to or death of persons, and against all
costs and expenses in connection therewith,
including reasonable attorney's fees and expenses,
to the extent such suits, claims, or demands are
for damages, injury, or death: (1) arising out of
the presence of the Purchaser's facilities on said
property or out of the Purchaser's exercise of
rights herein granted; and (2) not caused by
negligence of the Sellers, its agents, servants, or
employees.
(1) This Agreement is contingent on the City
Council of the City of Virginia Beach authorizing
the execution of this Agreement and the necessary
subdivision to convey the subject property (a
certified copy of the ordinance will be furnished
5
to the Purchaser after it is passed by City
Council).
(m) All notices, requests, demands and other
communications hereunder shall be in writing and
shall be delivered by hand, sent prepaid by Federal
Express (or a comparable overnight delivery
service) or sent by the United States mail,
certified, postage prepaid, return receipt
requested, at the addresses and with such copies as
designated below. Any notice, request, demand or
other communication delivered or sent in the manner
aforesaid shall be deemed given or made (as the
case may be) when actually delivered to the
intended recipient.
For the Seller: C/o Real Estate Office
Room 155
OperationS BUilding
Virginia Beach, Virginia 23456
For the Purchaser: C/o Real Estate Department
Virginia Electric and Power Company
One James River Plaza
Richmond, Virginia 23219
with a copy to: E. Peter Kane, Esquire
Hunton & Williams
707 East Main Street
Richmond, Virginia 23219
6. Representations: The Seller hereby makes the
following representations to the Purchaser which shall survive
closing:
(a) Compliance with existing laws. The Seller has
no knowledge of any violations of federal, state or
6
local law or ordinances, orders or regulations with
respect to the property including, but not limited
to those pertaining to environmental matters
including Pollution control. The Seller has no
knowledge, nor has it received notice within the
past three years, of any existing or threatened
violation of any provision of anY applicable
building, zoning, subdivision, envirorunental or
other goverrimental ordinance, resolution, statute,
rule, order or regulation, including but not
limited to those of environmental agencies, with
respect to the ownership, operation, use,
maintenance or condition of the property or any
Part thereof. The Seller has no knowledge of any
material adverse subsurface conditions affecting
the property, or any prior use of the Property for
the storage or disposal or dumping of industrial or
chemical waste or toxic materials of any kind. To
the Seller's knowledge, there has never been
located on the property an underground storage tank
used to store petroleum or hazardous
substances.
(b) Use of existing Indian River Road. The Seller
acknowledges that the property is contiguous to the
ProPosed relocation of Indian River Road (Indian
River Road Relocated) as shown on the plat attached
7
hereto, and that the Purchaser has not requested
and does not intend to request of the Seller, or of
any goverrunental authority, that access for ingress
and egress to the property from Indian River Road
Relocated be provided so long as the Purchaser has
legal access to a public right-cf-way. The
Seller covenants and agrees to use its best
efforts, in good faith, to insure that upon
completion of Indian River Road Relocated the
Purchaser may continue to use existing Indian River
Road.
7. Conditions Precedent: In addition to the other
conditions@ precedent contained herein, the obligations of the
Purchaser under this Agreement are subject to the satisfaction of
the following conditions precedent:
(a) Utilities. The Purchaser shall have received
asiurances satisfactory to it that all utilities
(including but not limited to water, storm and
sanitary sewers, electricity and telephone) shall
be available in sufficient quality and quantity
and at suitable locations for the construction of
the intended improvements on the property or any
portion or portions thereof.
(b) AUthorizations. The Purchaser shall have
obtained all licenses, permits and authorizations
required under all applicable federal, state and
8
local laws, rules, regulations and ordinances, in
form and substance satisfactory to the Purchaser,
for the acquisition, ownership, development,
construction, operation and maintenance of an
electric distribution and transmission substation
on the property, including but not limited to
permits and approvals from the Federal Aviation
Administration and the Federal Communication
Commission and any required rezoning, plan of
development approval or special use permits and
building permits for the Purchaser's intended use
of the property. The Seller covenants and agrees
that it will cooperate with the Purchaser in the
Purchaser's efforts to obtain such licenses,
permits and authorizations.
In the event any of the conditions precedent to the
Purchaser's obligations under this Agreement are
not satisfied, the Purchaser may elect to terminate
this Agreement, in which event all rights and
obligations of the parties hereunder shall
terminate immediately, or waive such condition in
writing and proceed to closing.
8. Prorations: Real estate and personal property ad
valorem taxes, assessments, utility charges and other charges
applicable to the property shall be prorated at closing.
9
9. Condemnation: In the event of any actual or
threatened taking, pursuant to the power of eminent domain, of
all or any portion of the property, or any proposed sale in lieu
thereof, the Seller shall give written notice thereof to the
Purchaser promptly after the Seller learns or receives notice
thereof. If all or any part of the property is, or is to be, so
condemned or sold, the Purchaser shall have the right to
terminate this Agreement in which event all rights and
obligations of the parties hereunder shall terminate immediately.
If the Purchaser elects not to terminate this Agreement, all
proceeds, awards and other paytnents arising out of such
condemnation or sale (actual or threatened) shall be paid to the
Purchaserlat closing.
IN WITNESS WHEREOF, the Purchaser and the Seller have
caused this Agreement to be executed in their names by their
respective duly-authorized representatives this day of
July, 1987.
VIRGINIA ELECTRIC AND POWER
COMPANY, a Virginia C oratiion
By
(S
AT
APPROVED AS TO
LEGAL SUFFICIENCY
10
CITY OF VIRGINIA BEACH,
a municipal corporation
By
Thomas H. Muehlenbeck,
City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith,
City Clerk
STATE O@VIRGINIA
CITY OF to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
(title) and
-(title) on behalf
of VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation of
the Commonwealth of Virginia, whose names afe signed to the
foregoing writ@ng, bearing date the day of
1987, have acknowledged the same before me in
my City and State aforesaid.
Given under my hand this day ot
1987.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary Public
in and for the City and State aforesaid, do hereby certify that
Thomas H. Muehlenbeck, City Manager, on behalf of the CITY OF
VIRGINIA BEACH, a muncipal corporation of the Commonwealth of
Virginia, whose name is signed to the foregoing writing, bearing
date the day of , 1987, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
1987.
Notary Public
MY Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia
Beach, a municipal corporation of the Commonwealth of Virginia,
whose name is signed to the foregoing writing, bearing date the
day of 1987, has acknowledged the
12
same before me in my City and State aforesaid.
Given under my hand this day of -1
1987.
Notary Public
My Commission Expires:
WCB/rab
5/28/87
6/19/87
7/7/87
13
L@b
C3
- 44
Item V-J.3.
('.flW.gP.NT ArF."A. TTFIJ
ta
El
N@OIVIVI
- 44 -
Item V-J-3-
CONSENT AGENDA ITEM # 27937
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to authorize and direct the City Manager
to execute cost participation agreements between
the City of Virginia Beach and R. G. Moore Building
Corporation to construct:
Ocean Lakes water projects
Ocean Lakes sewer projects
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Aye
44a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, R. G. Moore Building Corporation is developing
certain property in the Princess Anne Borough in accordance with
the terms and conditions of city ordinances, and
WHEREAS, in reviewing the site plan, the Department of
Public Utilities has asked the developer to oversize the public
water line to the property, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$10,126 with such costs to be charged to capital project 5-306
Water Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with R. G. Moore Building Corporation for construction
of certain water facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 24 day of August 1 1987.
CITY OF VIRGINIA =-c-ACH
DEi-ARTr,,E'4T OF PI-IEL.C UTILITIE3
CriST F-CP.T!C'-PAT!CN AGFqrENT (WAT@R,'
THIS ACRE=-@.E@4T, Made this 16th day ,f une l5E7, by and
be@,.een R. G. Moore 3uild-;na Cor.o.
here;nal-'-Ier refer,-Ld lo as "@rer" and tI.e CTTY OF V'@Gl@14TA BE.ZC"
her-3;na@@er re@--rred @o as t'.nL-
Wk'ER-@.@S, Owner is.@se@zsd in fea si,--lis of -Ocean Lak-'s,
Oca.an Lakes I'lorth, and Old Dam Ileck F-s@La @le s ard
Owrer @s des@rcus OT IMCROVI "ie in ac@araarca A,t.1
ter.-.is and cord@@@ons cf t*-e C@@-, or@7na--=s and acrees to confzrm o
sa@d ard;nances; and
in cr.@er @or 0,@rar- t-- Aater sa,,/@ce @o t.)@s
i t i s nec =-s sa r -/ @o r C-r. a r t o c a rs @ r uc t c =- r -. a; n -@a @ a r @ac; I i -@ i e s ; ard
WP.E=c-,'c-, "ie Cl@v has re-lues@a@- @ha@ suc.;i c-.ns@ruc@ion be grea@.e7 @n
sczce 'han is nec-=ssary to provide ser,,i,@ce '-- this P.-O@ec@; ard
slch cons@rLLc@lion is a@ value to @;iL C@@y in prov@dir@g serv;ce
to c-is'zmers at.@er- ',ian those -@i@hin 'he Flrc)jec' limits;
NCW, THERE@-:DRE, in considera@@on ol-- "e mu tlal pro'n;sas ard bene.--its
ac@-ruing hereto, the par@;--s agree tha@;
1. Cwrer shall cors@,-uc@ a water sys-em (here@rafter 'he
according to plans and spec@@icat;cns accroved by the De-lar-@ment of P-.;blic
Utilities, a copy of which is an file wi@h the Department.
E. The City shall make cas,i pay@.en@ to Cner in the amount of (s)
SIO,126,00 after suc:ass@ul comcletion ol- the @-vs@em
ar.d acceptarce thereof by the C;ty in acc3rdar@ce . i t,@ t.') eappro-@ea pla,-,S.
Prior to any by the C;@y, the 10" @at2- li,-@e i.-i Culver Lar-e 'nLs, be
accepted by the City and the 10" water line in Bernstein Drive must be
connected to Old Dam Neck Road and accepted by the City.
3. The City shall have the right at any time to make, connect, or
permit the connection of any other water facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof by
the City, Owner hereby agrees that the System, including but not limited to
water connections, water mains, valves, fittings and all other facilities,
shall be deemed dedicated to the City of Virginia Beach as of the date of
the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harml ess from any and all
liability of whatever nature arising out of the design, approval,
construction, and/or installation of the system. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall defend the
City against such claim.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
(City Ma.,.gr)
DATE
ATTEST:
City Clerk (SEAL) R. G. Moore Building Corp.
BY
R. C. Moore, Pri;sident
DATE
EAL)
Secretary
APPROVED AS TO CONTENTS:
Y. @_e@ 7-C-4-87
Depi;r-fmjdnt of Public Utilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
3
STATE OF Virginia
CITY OF Virginia Beach
I, Peggv C. Martin a Notary Public in and for the City
and State aforesaid, do hereby certify that R. G. Moore
and Frances Rae '4oore President and Secretary, respectively, of
R. G. Moore Building Corp. whose names are signed to the writing above,
bearing date of have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this 16,ST day of 1967.
My Commission Expires 3/10/91
LNotary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1987.
Notary Public
My Commission Expires:
9/86
4
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, R. G. Moore Building Corporation is developing certain
property in the Princess Anne Borough in accordance with the terms and
conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer service to
this project, it is necessary for the developer to construct certain
sewer facilities, and
WHEREAS, the city has requested that the developer oversize the
sewer system to provide gravity sanity system to the surrounding area,
and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and will
prevent the city from incurring additional costs at a later date, and
WHEREAS, tlie city desires to enter into a cost participation
agreement with the city's share of the costs at $73,459 with such costs
to be charged to capital project 6-316 Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and
directed to enter into a cost participation agreement with R. G. Moore
Building Corporation for construction of certain sewer facilities.
Said proposed agreement is hereby approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 24 day of August 1 1987.
CITY OF VIRGINIA BEACH
DE=ARTt',E-'4T OF PUSLIC UTILITIES
COST PARTICIPATION ACRE--;',ET'( EWE.=Z)
.4 5
THIS AGRE=-.ME@4T M.de this 16th day of
1 .... .. by ard
between R. G. Moore Building Corc). .ne,-e; na@ler-
referred -to as "Owner", ar-d the CITY OF VIRCINIA
here;nafter r,6ferred to as @he "--ity".
WF.E=@-.,45, Owner is se;zed in fee s4m.ale a@ Oc@-an La,Kes, Lakes
@lor'lh, and Ocpan Lakes Wes" @;d-
Owner Ii; desir--us of improv4ng the P,-aject ac=orda@ncg
"he arms and cond;@4ons o@ the City ordinances 4nd agre=-=- @a conforn
sa;d
;n order @or -1@rer to prov4de se@er- sar-,cts;c-3 t-- Projec-.,
it is ne-zas=-ar,/ for Owrer to cons,-.ruc@ cer@a;n se,@er @ac@litie@:
WHEREAS, the C;ty has rea.ueslad thal slch cors@ruc'@on 7reater in
scope than is necsssary t-- prc@ide ser,@@ce to this Projec'; ard
WF,E:RE.AS, such cors-.ruc@;on is of va!ue 'o t'e providirc
servicL to cus@omers other t.ian those with;n 'he Frojec' limits;
NOW, THEREFOP.E, in consideration of the mutual promises a7-,c! benefits
accrt--irig hereto, the par'ies agree that;
1. Owner shall cons'ruct a sewer sys@em (hereinafter -@-2 'Eys@e-i@')
according to plans and soec;fications ac-roved by the Depart.-..an-. of Pub'tic
Utilit;es, a copy of which is on file with the Depar',ient.
2. The C;ty shall make cash paymen@ lo Owner iri the amc-,,-,t of
$ 7 3,458. 80 after success,--ul comc'---.;on of the
Sys'em and acceptamr,- thereof by the City in acccrdance wit.'l @@.-.e approved
plans. The 0-ner will submi@, periodic requisilions for the quar,-.; ty of the
I
work completed with partial payment to be made by the City. Ten percent
(10%) of the total payment will be withhold until the System is accepted.
Prior to any payment by the City, all the necessary easements and/or right
of ways must be dedicated to the City.
3. The City shall have,the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall defend.the
City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and sealed
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
(City Mangr)
DATE
ATTEST:
(SEAL)
City Clark R. ng Corp.
By @y
R. G-. Moore, President
DATE
ATTES:C:
@',t@/,A-4SEAL)
@;iEr-ritar@-
APPROVED AS TO CONTENTS:
Depart6i@tAf Public Utilities
I
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
@., 't. 10,@
Department of Finance IC-)
3
STATE OF Virginia
CITY CIF Virginia Beach
I, Peggy C. Martin a Notary Public in and for the City
and State aforesaid, do hereby certify th,t R. G. Moore
and Frances Rae Moore President and Secretary, respectively, of
R. G. Moore Building; CorD- whose names are signed to the writing above,
bearing date of have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this day of
1987.
My Commission Expires 3/10/91
N'Ol@ry Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-.it:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1587.
Notary Public
MY Commission Expires:
1/87
4
- 45 -
Item V-J-4
CONSENT AGENDA ITF1,1 # 27938
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to authorize and direct the City Manager
to execute a cost participation agreement between
the City of Virginia Beach and Kempsville Church of
God to construct sewer projects.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 45a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Kempsville Church of God is developing certain
property in the Kempsville Borough in accordance with the terms and
conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer service to
this project, it is necessary for the developer to construct certain
sewer facilities, and
WHEREAS, the city has requested that the developer oversize the
sewer system to provide gravity sanity system to the surrounding area,
and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and will
prevent the city from incurring additional costs at a later date, and
WHEREAS, the city desires to enter into a cost participation
agreement with the city's share of the costs at $4,000 with such costs
to be charged to capital project 6-316 Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and
directed to enter into a cost participation agreement with Kempsville
Church of God for construction of certain sewer facilities. Said
proposed agreement is hereby approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the - 24 day of August 1 1987.
45b -
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT.(SEWER)
THIS AGREEMENT, Made this day of 1987, by and
between P;Ef,l hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACHI VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of
and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms an.d conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOWO THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of
after successful completion of the
System and acceptance thereof by the City in accordance with approved plans.
I
45c
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
may be at any point, and the City shall have the right a@ any
connection
time tO USe the System to serve persons within and without the Project
limits.
ul completion of the Syslem and acceptance thereof
4. Upon successf
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser an account hereof, the Owner at its sole cost shall defend the
City against such claims.
45. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beath, at Owner's expense.
2
45d
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
(City Manager)
DATE
ATTEST:
(SEAL)
City Clerk
BY
DATE
AL)
APPROVED AS TO CONT@N
D.pa tt@-f P
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department ol
3
45e
STATE OF
CITY OF
1, @ , a Notary Public in and for the C.ity
and State aforesaid, do hereby certify that -. @ I - C-@ I @l- Z-
v
and Secretary, respectively, of
L
se names are signed to the writing above,
have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this /,n day of 1987.
My Commission Expires
Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1987.
Notary Public
My Commission Expires:
1/87
4
- 46 -
Item V-J-5.
CONSENT AGENDA ITEM # 27939
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the rights-of-way of a 25' strip
surrounding Lake Joyce to Robert J. Atkinson, his
heirs, assigns and successors in title, (Bayside
Bor.)
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner agrees not to commence construction
within the 25-foot strip surrounding Lake Joyce
until such time as notice has been provided to show
that the City of Norfolk will not invoke its
reverter clause option by reason of the
encroachment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 46a -
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF 25'STRIP
7 SURROUNDING LAKE JOYCE TO
8 ROBERT J. ATKINSON, HIS
9 HEIRS, ASSIGNS AND
10 SUCCESSORS IN TITLE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent
15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
16 amended, Robert J. Atkinson, his heirs, assigns and successors
17 in title are authorized to construct and maintain a temporary
18 encroachment into the right-of-way of 251 strip surrounding Lake
19 Joyce.
20 That the temporary encroachment herein authorized is
21 for the purpose of constructing and maintaining a gazebo and that
22 said encroachment shall be constructed and maintained in
23 accordance with the City of Virginia Beach Public Works
24 Department's specifications as to size, alignment and location,
25 and further that such temporary encroachment is more particularly
26 described as follows:
27
28 An area of encroachment into a
29 portion of the City's right-of-way
30 known as 251 strip surrounding Lake
31 Joyce as shown on that certain plat
32 entitled: "PLAN VIEW R. J.
33 ATKINSON 4468 BLACK BEARD RD.
34 VIRGINIA BEACH, VA 23455,11 a copy
35 of which is on file in the
36 Department of Public Works and to
37 which reference is made for a more
38 particular description.
39
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to Robert J. Atkinson, his heirs, assigns and
43 successors in title and that within thirty (30) days after such
44 notice is given, said encroachment shall be removed from the
45 City's right-of-way known as 251 strip surrounding Lake Joyce and
- 46 b -
46 that Robert J. Atkinson, his heirs, assigns and successors in
47 title shall bear all costs and expenses of such removal.
48 AND, PROVIDED FURTHER, that it is expressly understood
49 and agreed that Robert J. Atkinson, his heirs, assigns and
50 successors in title shall indemnify and hold harmless the City of
51 Virginia Beach, its agents and employees from and against all
52 claims, damages, losses and expenses including reasonable
53 attorney's fees in case it shall be necessary to file or defend
54 an action arising out of the location or existence of such
55 encroachment.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 in effect until such time that Robert J. Atkinson, executes an
58 agreement with the City of Virginia Beach encompassing the
59 afore-mentioned provisions.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the 24 day of August 19 87
62
63
64 JAS/ih
65 07/29/87
66 CA-2380
67 (encroach\atkinson.ord)
4,PPROVED AS TO CONTENTS
0 4111@
SIGNATURO
DEPARTMENT
APPRO@/ED AS TO LEGAL
SUi FiCiEl\]CY AND F'-- RM
T
2
46 c -
THIS AGREEMENT, made this day of @t,
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and ROBERT J.
ATKINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of
the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a 12 foot wide wooden
gazebo located within the 25 foot strip around Lake Joyce and
110 feet behind the existing wooden bulkhead approved by City
Council December 8, 1986, in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such gazebo,
it is necessary that the said party of the second part encroach
into a portion of an existing City right-of-way known as 251
strip surrounding Lake Joyce; and said party of the second part
has requested that the party of the first part grant a
temporary encroachment to facilitate such gazebo within a
portion of the City's right-of-way known as 251 strip
surrounding Lake Joyce.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further considekation of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
46 d -
temporary encroachment tO use a portion of the City's right-
of-way known as 251 strip surrounding Lake Joyce for the
Purpose of constructing and maintaining such gazebo.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the city of
Virginia Beach Public works Department's specifications and
approval as to size, aligriment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as 251 strip
surrounding Lake Joyce as shown on that
certain plat entitled: "PLAN VIEW R. J.
ATKINSON 4468 BLACK BEARD RD. VIRGINIA
BEACH, VA 23455," a copy of which is
attached hereto and to which reference is
made for a more particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's right-of-way known as 251 strip surrounding Lake Joyce
by the party of the second part; and that the party of the
second part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
2
reasonable attorney's fees in case it shall be necessary to
t
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the second party agrees not to commence
construction within the 25 foot strip surrounding Lake Joyce
until such time as notice has been provided to show that the
City of Norfolk will not invoke its reverter clause option by
reason of the encroachment.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the party of the second part compensation for the use of such
portion of the City's right-of-way encroache,d upon the
3
- 46f -
equivalent of what would be the real property tax upon the land
so occupied if it were owned by the party of the second part;
and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the city shall impose a penalty
in the sum of one Hundred Dollars ($100-00) per day for each
and every day that such encroachment is allowed to co,ti,,e
thereafter, and shall collect such compensation and penalties
in any manner provided by law for the collection of local or
state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Cler
By
R.b
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
4
- 46g -
certify that THOMAS H. MUEHLENBECK, City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of , 19
-, has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this _day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of I 19 -, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this _day of
19
Notary Public
My commission Expires:
5
- 46h -
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, II(, -A @ -i i-,cvv@o C, -1 a Notary
Public in and for the City and State aforesaid, do hereby
certify that Robert J. Atkinson, whose name is signed to the
foregoing writing, bearing date the day of
19 @-I has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
lgg-z
14 7!'
L
Notary Public
Lxpires
My commission Expires:
JAS/ih APROVED AS TO CONTENTS
07/29/87
CA-2380
(encroach\atkinson.agr)
MENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
6
Z@il7' e@
130
.3z
Clt
OL7.,f. CIzilLf,4.D 7 .4 VlfCIAIIA.
-@.n W ". . V,4
VI, ;23tSS
"(ET 2.it
- 47 -
Item V-J.6.
CONSENT AGENDA ITEM # 27940
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
Charles F. Burroughs, Jr. for the closure of a
portion of Five Forks Road (Bayside Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
4?a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Charles F. Burroughs, Jr., has given due and
proper notice, in accordance with the statutes for such
cases made and provided that he will on the 24@.,Y of August
1987, apply to the City Council of the appointment of
Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said
Viewers wha@, if any, inconvenience would result from the
discontinuance of the hereinafter described portion of that
certain street, 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 Lambert, Jr.
Robert Scott and David Grochmal
are hereby appointed to view the below described property
and report in writing to the Council, as soon as possible,
whether in their opinion what, if any, inconvenience would
result in the discontinuing and vacating of a portion of the
certain street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
Commencing at the grid coordinates N 213,701.84 E
2,694,088.27 of an existing stone monument on Five
Forks Road according to the Virginia State Plane
Coordinate System, Lambert Grid, South Zone, and
as shown on the plat of "Thoroughgood, Section 1",
recorded in Map Book 39, Pages 37-41, said
monument being the Point of Beginning; thence
turning and running N 86*42'1-81' W a distance of
31.70 feet; thence N 22'08'25" E a distance of
732.51 feet to a point in the southern
47b -
right-of-way line of First Court Road; thence
turning and running along said southern
riqht-of-way line N 85'10'54" E a distance of
33.66 feet; thence turning and running S 22'08 25"
W a distance of 737.53 feet to the Point of
Beginning.
All the above as shown upon that certain plat entitled
"Map of Portion of Five Forks Road to be Closed, Bayside
Borough, Virginia Beach, Virginia, For Charles F. Burroughs,
Jr.", july 13, 1987 prepared b@, Baldwin & Gregg, Engineers,
Surveyors, Planners.
ADOPTED: August 24, 1987
2
- 47c -
State of Virginia to-.it AFFIDAVIT
City of '4orfolk
This day UNA SAWYER personally
op..,eared before me and after being duly sworn made oath that;
(1) (He) (She) is affidovit clerk of -@ ILNT & I,FnnFR QTAR
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) Thot the advertisement hereto annexed of --.----NOTICE
t@twipaper on the following dates: - has been published in sai d
8/2 9 19 _ 87
AFFIANT
-4i)SScribed and sworn to before me in my city and state aforesaid this
87
@@'th - day of AUG 19
,,Ay commission expires
My Coir.@-i-zsion @;,,@r PlLiy 20, 1991 19
NOTARY PUBLIC
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- 47d -
WGUIRF-WOODS
LAwOFFICF,S IN ALE)CANDRIA, BATTLE&BOOTHE WORLD TRADE CENTER
CHARLOTTESVILLE, FAIRFAX, SUITE 9000
NORFOLK, Ric[4MOND, P.O. BOX 3767
TYSONS CORNER, WILLIAMSBURG NORFOLK, VIRGINIA 23514
AND WASHINGTON. D.C. TELEPHONE: (804) 627-7677
TELECOPIER: (804) 625-2356
TELEX: 989327 MWBB.NFK
CERTIFICATE OF VESTING OF TITLE
I, Glenn W. Hampton, attorney for Charles P. Burroughs,
Jr., do certify that:
1. I am an attorney at law and represent Charles F.
Burroughs, Jr., the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virqinia
Beach, Virginia, then title to said property will vest in
Charles F. Burroughs, Jr.
That said property referred to herein is hereby
described as follows:
Commencing at the qrid coordinates N 213,701.84 E
2,694,088.27 of an existinq stone monument on Five
Forks Road according to the Virginia State Plane
Coordinate System, Lambert Grid, South Zone, and
as shown on the plat of "Thoroughgood, Section 1",
recorded in Map Book 39, Pages 37-41, said
monument being the Point of Beqinning; thence
turning and running N 86142138@' W a distance of
31.70 feet; thence N 22'08125" E a distance of
732.51 feet to a point in the southern
right-of-way line of First Court Road; thence
turning and running along said southern
right-of-way line N 85110154" E a distance of
33.66 feet; thence turning and running S 22'08'25"
W a distance of 737.53 feet to the Point of
Beginninq.
All as more particularly shown on that certain
plat entitled "Map of Portion of Five Forks Road
to be Closed, Bayside Borough, Virginia Beach,
Virginia For Charles F. Burroughs, Jr.", July 13,
1987, prepared by Baldwin & Gregg, Engineers,
Surveyors, Planners.
Very.truly yours,
@e nn
47e
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, XNOWN AS FIVE FORKS ROAD, AS
SHOWN ON CERTAIN PLAT ENTITLED, "MAP OF PORTION OF FIVE
FORKS ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA, FOR CHARIES F. BURROUGHS, JR.", JULY 13, 1987,
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Charles F. Burrouqhs, Jr., respectively
represents as follows:
1. That pursuant to the provisions of Section
15.1-364 of the Code of Virginia 1950, as amended, the
Petitioner applies for the vacating, closing and
discontinuance of a portion of that certain street, which is
more specifically described as follows:
Commencing at the grid coordinates N 213,701.84 E
2,694,088.27 of an existing stone monument on Five
Forks Road according to the Virginia State Plane
Coordinate System, Lambert Grid, South Zone, and
as shown on the plat of "Thoroughgood, Section 1110
recorded in Map Book 39, Pages 37-41, said
monument being the Point of Beginning; thence
turning and running N 86142'38" W a distance of
31.70 feet; thence N 22*08'25" E a distance of
732.51 feet to a point in the southern
right-of-way line of First Court Road; thence
turning and running along said southern
right-of-way line N 85'10154" E a distance of
33.66 feet; thence turning and running S 22108f2511
W a distance of 737.53 feet to the Point of
Beginning.
47f
Said parcel of land beinq a portion of Five Forks Road
as indicated on that certain plat entitled "Map of Portion
of Five Forks Road to be Closed, Bayside Borough, Virginia
Beach, Virginia For Charles F. Burroughs, Jr.", July 13,
1987, 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 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 view said
platted street proposed to be closed and to report in
writing to the Council on or before the day of
1987, 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 day of 1987, and on the
day of , 1987 notice of the presenting of this
application was published in the Beacon, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land alonq and
adjacent to and affected by said portion of the platted
street is your Petitioner herein Charles F. Burroughs, Jr.
Respectfully submitted,
Charles F. Burroughs, Jr.
By:
Of Counsel
2
- 48 -
Item V-J.7.
CONSENT AGENDA ITEM # 27941
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to transfer furids of $148,916 to cover
construction costs of project #6-933 Croatan Beach
sewer,
AND,
ACCEPTED the LOW BID to Precon Construction Company
in the amount of $937,916.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 48 a -
AN ORDINANCE TO TRANSFER FUNDS OF $148,916
TO COVER CONSTRUCTION COSTS OF PROJECT #6-933
CROATAN BEACH SEWER AND TO ACCEPT THE LOW BID OF
PRECON CONSTRUCTION COMPANY IN THE AMOUNT OF $937,916
WHERRAS, the Croatan Beach Area has been identified by the local health
4epartment as a Class III health problem area with the Croatan Beach Sewer
Project (#6-933) included in the current Capital Improvement Program to provide
sewers to replace aging septic tanks and prevent future health hazards, and
WHERFAS, bids were recently received for this project with the low bid
.being from Precon Construction Company in the amount of $937,916, and
WHERF-AS, the project account presently needs additional funds of
$148,916 to cover the bid cost plus allow for administration, inspections, paving
and contigencies, and
WHEREAS, the additional funds needed may be transferred from project
#6-316 Various Sewer Projects since additional will be provided to this project
in the current fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $148,916 are hereby transferred from
project #6-316 Various Sewer Projects to #6-933 Croatan Beach to allow for the
contruction of Croatan Beach Sewers.
BE IT FURTHER ORDAINED, that the low bid of Precon Construction Company
in the amount of $937,916 for the construction of sewers in the Croatan Beach is
hereby accepted.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
24 . day of August 1987.
ORD6933
- 49 -
Item IV-J.8.
CONSENT AGENDA ITEM # 27942
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED:
LOW BID to East Coast Corporation in the amount of
$588,073.25 for Resort Center Streetscape
Improvements (CIP 6-925).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss," Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 50 -
Item V-J.9
CONSENT AGENDA ITEM # 27943
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED:
BINGO PERMIT:
Aragona Pembroke Little League
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 51 -
Item V-K.1
APPOINTMENTS ITEM # 27944
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the
DISASTER GROUP:
Council Members
Albert W. Balko
Nancy K. Parker
At Large Citizens
James Hetz
Walter Vargo
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 52 -
Item V-K.2.
APPOIN@S ITEM # 27945
Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION:
John Salop
(Two Year term - September 1, 1987 - October 31, 1989)
Jack Whitney
(Two Year Term - September 1, 1987 - October 31, 1989 Alternate)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heisch6ber, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 53 -
Item V-K-3
APPOINTMENTS ITEM # 27946
Upon NOMINATION by Councilman Balko, City Council APPOINTFD to the LYNNHAVEN
BOAT RAMP COMMITTEE:
Albert W. Bal-ko Lynnhaven Borough Councilman
John L. Perry Bayside Borough Councilman
Robert Matthias Intergovernmental Relations
C. Oral Lambert Director, Public Works
Harold Whitehurst Director, Parks & Recreation
Judy Connors Ocean Park Resident
Ron Makela Great Neck Association of
Civic Leagues
Edward Barco Wetlands Board
Emmett Sanford Waterman
L. C. Herring, Jr., Chairman Virginia Federation of Anglers
John Richardson Virginia Beach Tomorrow Group
C. H . Dorchester Wetlands/Environment
This Committee shall report to City Council in six (6) months.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 54 -
Item V-K-4
APPOINTMENTS ITEM # 27947
ADD-ON
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the
VIRGINIA MUNICIPAL LEAGUE
Voting Delegate Vice Mayor Meyera E. Oberndorf
Alternate Delegate Council Lady Nancy K. Parker
URBAN SECTION
Chairing the Committee Vice Mayor Meyera E. Oberndorf
Alternate Delegate Councilmm Albert W. Balko
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
5 5
Item V-L.1
NEW BUSINESS ITEM # 27948
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Coucnil
ADOPTED:
Resolution providing for the Amendment of the
Charter of the City of Virginia Beach, Virginia, By
Amending Section 2.02 to Add a New Subparagraph
(f), to Authorize the Protection and Replacement of
Trees on Private Property.
The Resolution ADOPTED by City Council on
August 10, 1987, is hereby REPEALED.
AND,
APPROVED as AMENDED, QUESTION for the 1987
REFERENDUM BAIJOT:
Should the City of Virginia Beach, pursuant to its
Charter or by the General Law of the State of
Virginia, have the right to provide for the
protection and/or replacement of trees during land
development and subdivision activities on private
property in the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,*
Harold Heischober, Barbara M. Henley, Mayor Roberr, G.
Jones, Reba S. McClanan, John D. Moss, Vice @layor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Aye
1
2
3 Requested by: Reba McClanan
4
5
6 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE
7 CHARTER OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A
9 NEW SUBPARAGRAPH (F), TO AUTHORIZE THE
10 PROTECTION AND REPLACEMENT OF TREES ON
11 PRIVATE PROPERTY
12
13
14 WHEREAS, the citizens of the City of Virginia Beach have
15 become increasingly aware and concerned about the loss of trees
16 and other green space in the City; and
17 WHEREAS, the continual development of real estate within the
18 city may endanger the remaining trees and other green space; and
19 WHEREAS, the City previously submitted a request to the
20 General Assembly for a Charter amendment in order to grant the
21 city of Virginia Beach the power to establish by ordinance
22 reasonable rules and regulations for the protection and
23 replanting of trees; and
24 WHEREAS, that request for Charter amendment was denied; and
25 WHEREAS, the City Council believes it is imperative that the
26 citizens of Virginia Beach have an opportunity to officially
27 express their opinion concerning this matter.
28 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
29 VIRGINIA THAT:
30 1. It is hereby determined to be in the best interest of
31 the City to request the General Assembly of Virginia to amend the
32 City's Charter to provide for the protection and replacement of
33 trees on private property by amending Section 2.02 to add a new
34 subparagraph (f) as follows:
35 (f) Tree Protection. To establish by ordinance reasonable
36 rules and regulations to prohibit the unnecessary removal of
37 trees during land subdivision and development activities in the
38 City of Virginia Beach, and to establish by ordinance reasonable
39 rules, regulations, and schedules for replacement of trees on
40 private property.
41 2. The Circuit Court of the City of Virginia Beach is
42 hereby requested to order an election pursuant to SS515.1-834 and
43 24.1-165 of the Code of Virginia, as amended, to determine if the
44 qualified voters of the City desire the Council to request the
45 General Assembly to amend the Charter as provided above.
46 3. If the qualified voters of the City vote in favor of
47 such a request, the City Manager shall provide for the
48 transmittal of two (2) certified copies of the results of such
49 election together with the publisher's affidavit and the proposed
50 amendments to the City's Charter to one or more of the members of
51 the General Assembly who represent the City with a request that
52 the General Assembly pass a bill amending the Charter of the City
53 of Virginia Beach in the manner provided in SS15.1-834 of the Code
54 of Virginia.
55 Adopted by the Council of the City of Virginia Beach on the
56 24 day of August 1987.
57
58 DSH/awj
59 7/7/87
60 7/11/87
61 8/24/87
62 RES/Tree3.res
63
2
- 56 -
Item V-L.2
NEW BUSINESS ITEM # 27949
ADD-ON
Councilman Baum referenced letter of August 16, 1987, from Councilwoman Nancy
K. Parker requesting the City Manager to make arrangements for her attendance
at the INTERNATIONAL TRADE CONFERENCE, to be held in Houston, Texas, on
October 22-24th.
Councilman Baum further referenced the NATIONAL LEAGUE OF CITIFS Conference
in Las Vegas, which seemed to be an inappropriate place to SCHEDULE same.
Councilman Baum advised relative the CITY'S TRAVEL POLICY, it would be more
sensible for professional staff members to attend fuctions rather than
politicians.
Councilman Baum requested further information regarding the CITY'S TRAVEL
POLICY and the names of those attending the Conference in Las Vegas.
Councilwoman Parker advised because of Vice Mayor Oberndorf's close ties with
the NATIONAL LFAGUE OF CITIES and appointment to the Environmental Protection
Committee, when the Environmental Protection Agency commenced formulating
their rules and regulations, Vice Mayor Oberndorf was able to introduce Jack
Whitney and Carl Thoren to represent the City's part on the policy making
board. This resulted in many benefits to the City.
- 57 -
Item V-L.3.
UNFINISHED BUSINESS ITEM # 27950
ADD-ON
Councilman Moss referenced the method of advertising and data available to
the Public relative the 1987 REFERENDUM.
Councilman Moss's concern was relative the actual factual documentation to be
utilized in the advertising for the 1987 REFERENDUM. It is important to have
full disclosure concerning the financial impact of all the Bond Referendums
within the CAPITAL IMPROVEMENT PROGRAM.
Councilman Moss referenced a Public Meeting on September 3, 1987.
The City Manager advised only a strategy with ideas and concepts had been
directed initially to the Mayor and Vice Mayor for direction. There have been
no decisions made.
Councilwoman McClanan advised last Fall the Council was not aware there were
funds allowed in excess of those actually needed. Councilwoman McClanan
desired accurate information as did the public.
Hector A. Rivera, Assistant City Manager for Human Services is compiling
strategies for the 1987 R DUM. The Mayor advised Mr. Rivera would be
most receptive to any ideas of Members of City Council.
- 58 -
Item V-L.4.
UNFINISHED BUSINESS
ADD-ON ITEM # 27951
The following spoke requesting the City Council extend the Agreement from
September 1, 1987 to December 1, 1987, relative the City's $1.8 MILLION OPTION
to purchase the 24th Street Oceanfront Park subject to Twenty-fourth Street
Oceanfront Park Committee raising $600,000 by September 1, 1987.
Sheldon Corner, 325 Susan Constant Drive, Phone: 428-1731, 24th Street Ocean
Front Park Committee. Sheldon Corner advised this project would cost the City
less money if said park were a Memorium to the Honorable Sidney S. Kellam.
When said park is established, the price will be reduced from $2.4 MILLION to
$2.35 MILLION. This will be a savings to the City, NOT the Committee.
Maurice B. Jackson, 1125 Ditchley Road, Member of 24th Street Ocean Front Park
Committee, Phone: 428-1470
Louis Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925
A MOTION was made by Councilman Perry to extend the AGREEMENT from September 1,
1987 to December 1, 1987, relative the City's $1.8 MILLION OPTION to purchase
the 24th Street Oceanfront Park subject to Twenty-fourth Street Oceanfront Park
Committee raising $6oo,000. Said MOTION failed for a LACK OF A SECOND.
A MOTION was made by Councilman Baum, seconded by Councilman Perry to extend
the AGREEMENT from September 1, 1987 to September 14, 1987, relative the City's
$1.8 MILLION OPTION to purchase the 24th Street Oceanfront Park subject to
Twenty-fourth Street Oceanfront Park Committee raising $600,000. On September
14, 1987, City Council could then consider whether to extend this date further
or other appropriate action.
BY CONSENSUS, this MOTION WAS WITHDRAWN.
BY CONSENSUS, City Council SCHEDULED FURTHER CONSIDERATION for the City Council
meeting of September 14, 1987 or September 21, 1987, subject to staff review of
the Twenty-Fourth Street Park Committee's proposal. Said new AGREEMENT shall be
in writing.
- 59 -
Item V-M. 1 .
NEW BUSINESS
1988-97 CAPITAL
IMPROVEMENT PROGRAM ITEM # 27952
Dean Block, Assistant City Manager for Analysis and Evaluation, presented the
1988-1997 CAPITAL IMPROVEMENT PROGRAM, shown in detail for the first five
fiscal years, 1988-1992, and in summary for fiscal years 1993-1997.
The first five fiscal years, 1988-1992, which are shown in detail, for the
Capital Improvement Program (CIP) is proposed at a total funding of
$874,463,495 (including $284,088,183 of financing to date), the first year of
which is the Capital Budget funded at $114,277,790.
New initatives reflect (1) the additon of a new tenth year, consist with policy
goals already established or (2) the funding of incremental decisions made by
Council during the course of the past year or (3) recommendations for changes
or additions to meet newly developing critical needs.
In keeping with Council policy, available year-end balances have been returned
to the schools to fund the remainder of Phase I and all of Phase II of the air
conditioning of older schools. $4.26 MILLION is allocated to air conditioning
this year. Added to the $1.5 MILLION appropriated last year, these are
sufficient funds for all of Phase I and all of Phase II of the School requests.
In response to Council's direction, the Kellam High School renovation has been
moved forward to match the timetable for the Bayside High renovation. Cost
estaimates have been revised as air conditioning of the schools is included in
the air conditioning project. Both renovations are funded through the 1989
referendum. The major results of the garage consolidation study have been
implemented by reducing the previously included school garage project to
reflect the smaller satellite facility recommended.
Dean Block stressed items in the CAPITAL IMPROVEMENT PROGRAM relative
ENGINEERING AND HIGHWAYS, STORMWATER MANAGEMENT, BIKEWAYS, RESORT AREA
IMPROVEMENTS, BUILDINGS (JUDICIAL CENTER, CORRECTION CENTER), PARKS AND
RECRFATION AND WATER ARD SEWER.
The following SCHEDTJLE for the 1988-97 CAPITAL IMPROVEMENT PROGRAM (CIP) was
reiterated:
August 31, 1987 CIP WORKSHOP 10:00 A.M. - 12:00 NOON.
September 9, 1987 CIP WORKSHOP 10:00 A.M. - 12:00 NOON.
September 14, 1987 PUBLIC HEARING/FIRST RFADING
September 21, 1987 SECOND READING/ADOPTION
Mayor Robert Jones advised of a LUNCHEON and BRIEFING relative the "A I C U Z"
by the United States Navy has been SCHEDULED in the PAVILION VIP ROOM.
Vice Mayor Oberndorf advised of a PUBLIC MEETING relative "WINDSURFING" with
herself and Councilman Fentress Co-Chairing. Same is SGHEDULED for 3:00 P.M- on
August 31, 1987 in the PAVILION VIP ROOM.
- 60 -
Item V-M.2
NEW BUSINESS ITEM # 27953
ADD-ON
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to Amend and Reordian Section 36-57 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Charter Buses Parking/Stopping.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker* and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
"Verbal Aye
- 60 a -
Requested by Councilman Albert Balko
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 36-57 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CHARTER BUSES
5 PARKING/STOPPING
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 36-57 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 36-57. Parking or stopping of charter buses.
14
15 (a) Except as otherwise provided herein, the parking
16 of any charter bus or stopping of any charter bus for the purpose
17 of picking up or discharging passengers shall be prohibited from
18 and including the Friday preceding Memorial Day through and
19 including the Tuesday following Labor Day every calendar year on
20 all municipal parking lots and all public streets in the
21 following areas:
22 (1) The Virginia Beach Borough, except that charter
23 buses may stop for no more than fifteen (15) minutes to pick up
24 or discharge passengers on the west side of the Virginia Beach
25 Civic Center (Dome) parking lot located on Arctic Avenue between
26 19th and 20th Streets in a zone designated " Bus Stop - 15 Minute
27 Parking." Furthermore, the 4th Street Public Parking Lot located
28 by Rudee Inlet Loop has been designated as a pick-up and
29 discharge zone with fee parking for charter buses on a first-
30 come, first-served basis.
31 (2) An area in the Lynnhaven Borough bounded on the
32 south by the northern boundary of the Virginia Beach Borough, on
33 the west by the Linkhorn Bay and Seashore State Park, on the
34 north by 89th Street, and on the east by the Atlantic Ocean;
35 including but not limited to those communities denoted as North
36 Virginia Beach, Princess Anne Hills, Bay Colony and Cavalier
37 Park.
38 (3) An area in the Lynnhaven Borough bounded on the
39 south by the property owned by the Commonwealth of Virginia, on
40 the west by Lake Rudee, on the north by Rudee Inlet, and on the
- 60b -
41 east by the Atlantic Ocean; including but not limited to those
42 communities denoted as Southside, Harbor Point and Croatan Beach.
43 (b) The city manager or his duly authorized agent may
44 authorize the parking or stopping of charter buses in locations
45 and/or at times otherwise prohibited by subsection (a) above.
46 Such authorization, if granted, shall be in writing, a copy of
47 which shall be in the possession of the charter bus driver.
48
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia, on the 24th day of August 1987.
51
52 KJC/epm
53 08/19/87
54 CA-02411
55 \ordin\proposed\36-057.pro
56
2
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Item V-M.3.
NEW BUSINESS ITEM # 27954
ADD-ON
Councilwoman Parker referenced a REPORT ON AMORTIZATION OF NON-CONFORMING SIGNS
AND BILLBOARDS, prepared by William Macali, Assistant City Attorney.
Councilwoman Parker distributed copies to Members of City Council and
complimented William Macali on this brillant and easily understandable
report. (Said copy is herby made a part of the record.)
Councilwoman Parker requested City Council schedule same for further
consideration.
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Item V-N.
ADJOURNMENT ITEM # 27955
Upon motion by Councilman Moss and BY ACCLAMATION, City Council AWOURNED the
Meeting at 1:15 A.M., August 25, 1987.
BeverlrO. Hooks dorf
Chief Deputy City Clerk
th Hodge@ Smith, CMC
4uity Clerk
City of Virginia Beach
Virginia