MARCH 16, 1987 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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281 CI7,Y HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
[804) 427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
MARC[i 16, 1987
ITIN I. SESSICN - Conference Rocim - 12:30 PM
A. CITY OOLLNCIL OONCEM
ITEM II. INFO@ SESSION - Ccnference Room - 1:00 PM
A. @ TO OBDER - Mayor Pober-t G. Jones
B. ROLL @ OF CC)UNCIL
C. CITY Is BPJEFINGS
1. Additional State Highway Funded Projects
Mr. C. Oral LaiTbert, Director, PLblic Works
2. EnvironmentaL Office Discussion
D. MCYRION TO INTO EXE=IVE SESSION
ITEM III. FO@ SESSICN il Chambers - 2:00 PM
A. INVOCATION: Reverend Paul Kettner
Rope Lutheran Church
B. P CP ALLEGIANCE TO TflE FLAG OF THE UNITED STATES OF AMERICA
C. ELE@NIC ROM CALL OF CITY CCUNCIL
D. P ATION: @ AMERICA, Miss Mllye Cash
E. ADOPRICN OF ITEMS FOR UM FORMAL AGENDA
F.
1. INED@ and FORMAL sEssioNs - march 9, 1987
G. PUBLIC
1. BY CCNSE2u
a. Application of Galilee Episoopal Church for a Conditional Use
Perniit for a church addition on property loca@ cn the west
e of Pacifi-c Avenue at the western extr@ty of 40th Street,
cc)ntaining 3.035 acres, (Virginia Beach Borougl-i).
ndation: APP
b. Application of Providence te for a Cbnditional
Use Permit for a church addition at the southwest intersection
of Prcvidence Road and Gale Drive, at 5363 Old Providence Road,
containing 1.562 acres, (Kenipsville Borough).
@ndation: APPROVAL
c. Application of Bethel P stal Holiness Church for a
Cbnditional use Permit for a church additicn cn the north side
of Indian River Road, 2@ feet more cr less west of New Bridge
Road, at 1814 Indian River Road, cc)ntaining 1.02 acres,
(Princess Arme Boro@h).
Reccmmendation: APPROVAL
d. Application of Henry and Toyce for a Conditional Use
P@t for a single f @ly d- the AG-1 District on
rc@perty located west
cn the ide f @inson Road, 2640 feet
more or less south of Charity Neck Road, containing 44.097
acres, (Pungo Borough).
Reccmendation: APPROVAL
e. Application of Joe Covington, Jr. for a Change of 7,on@ frcm
R-5 Residential District to A-1 @tnent District ori property
located on the north side of Newtown Road, 108.9 feet east of
Muth Lane, oontaining 1.13 acres, (Bayside 130rough).
Reccmendation:
f. Application of Vinciguerra for a Change of @ frcm
I-1 LLight Industrial District to B-2 ty-Business
@istrict on prcperty located on the south side of Primess Ame
Road, 350 feet more or less east of Newtown Road, at
5759 Princess Anne Road, containing 9867 square feet, (Bayside
Borough).
ation: APPROVAL
2. PLANNIM
a. Application of Corporaticn of Virginia for a @e of
zoning fran R-8 Residential District to A&l Apartmnt District
on proper-ty located cn the east side of @y Hill Parkway,
700 feet south of Holland Rc>ad, containing 5.30 acres,
(Kempsville Borough).
Re@ndation: APPPDM
b. Ordinance for the disoontinuance, closure and aband@t of
portions of F3.ve Forks Road in the petiticn of Bayville Farms
Associates (Bayside Borough).
@ndation: AP
AND,
Application of Bayville Farms Associates, a Virginia Limited
Partnership for a Change of Zon@ frcrn R-6 Residential to
B-2 ty-Business District cn prcperty located at the
southwest oc)rner of Shore Drive and Baylake Drive, containim
11.789 acres, (Bayside Borough).
Recomendation: D
c. Ordinance to AMEND and REORDAIN Sections 216 and 1014 of the
ehensive @ Ordiname of the City of Virginia Beach,
Virginia, pertaining to Billboards and Sign Regulations.
Recounendation: APP
H. RESOLUTICN
1. Resolution approving the plan of financing of
Canterbury of Roads, Inc. in the amunt of $25,000,000, and
concurruq with the @uc@t resolution adopted by the Industr@
Devel t Authority of the City of Norfolk, Virginia.
I. ORD
1. ordinance to @ and reordain the Gode of the City of virginia
Beach, Virginia, by AMIW. a new Section 2-90 pertainirxg to Service
Awards.
Deferred March 91 1987.
2. New posi and authorizatim to seek a
Engineer for the Departuent of Public works. Funding for the
requested positions and for engi-neerim services will be through
the var:Lous projects within the Public Works Capital ement
Progrm projects authorized in the FY 1986@7/1990-91 cip.
Deferred March 9, 1987.
3. ordinance to transfer $630,000 of additional appropriations frar
School Plant Maintenarice Shop, El@tary Schools Wind-
ReplacEment, PosEmnt Ebrest Elemntary School, ParkwaY El-tarY
school and Roofing Projects tc) Birdneck El@tarY Sch-1
(project #1-917) to oover unanticipalted construction costs.
Deferred March 9, 1987.
4. Ordinance to transfer $2,610,000 frcm Dam Neck Road-phase I,
Virginia Beach Boulevard-Phase II and Independence BoulevaLrd-
Phase III projects to Traffic Signal
(Project #2-988) to allcyw acceleration of @rk.
Deferred February 23, 1987.
5. Ordinance authorizing the City Manager to execute a Deed of
on 30.681 + acre parcel of undeveloped land cn the west Bide of
South north of Bells Foad and opposite of Cwls Creek
intersection to be utilized as an executive-type golf course.
J.
All imtters listed urider the Consent Agenda are considered in the
ordinary oc)urse of business by City (buncil and will be enacted bY One
in the form listed. If an item is r@ed fran the Consent
Agerida, it will be discussed and voted upcn separately.
1. Ordinance to authorize acquisition of prcperty in fee siniple for
right-of@y for en Parkway- V Project (CIP 2-925) and
the acquisition of t@rary and pe@ent easements of right-of-
way, either by agreemnt or cdnd@tion.
2. Ordinance to authorize acquisition of property in fee simple for
right-of@y for en Parkway VII Project (CIP 2-061)
and Lynnhaven Parkway Bridge over Salem Canal Project (CIP 2-823)
and the acquisition of @rary and permanent easawnts of right-
of@y, either by agreement or by condemation.
3. ordinance upon SEOCND MMING to transfer $50,000 to a grarrt for
Sugar Plum Bakery, Inc. frcm the Reserve for Contingency.
4. Ordinance upon READING to appropriate $19,000 from
Penclleton's unreserved fund balance for additional
and of a phone system in oon3unction with tbe
in
5. Ord@ce upon SMM @ING to appropriate funds and a
grant of $117,000 fran the State Department of Fire programs to
enhance training for fire fighters.
6. Ordinance to authorize a t@rary into a portion of
the rights-of-way of Club Read Road to R. G. Moore Building
ation, its heirs, assigns and successors in title.
7. Low Bid to Warbler (bnstruction Co., Inc. in the amount of
$53,902.45 for replacement of 2-inch (substandard) water mains in
@ Street, West Bolly Road and 55th StreL-t Extended with new
larger mains.
8. Biwo/ PERMITS
a. Kiwanis Club of Pungo Raffle
b. Matiple Sclerosis Society Raffle
c. St. Matthews Hcme and School Guild Birigo/Raffle
9. Ordinarice authorizing tax refunds in the aniount of $30,123.88.
K. APPO
1. DEVELOPMENT ALNHORITY
2. OCEAN IAKES FACR FINDING CCMMITREE
3. PLAMING COUNCIL
4. DS BOARD
L. UNFMISFIED BUS
M. Nffg BUSINESS
1. Proposal: Recreation Reservation at 'Abitehurst Grove.
N. ADJ
REVISED CITY CCUNCIL SESSICN
MARCR 1987
March 23rd - 2:00 PM
March 30th - 7:00 PM
14 -
Item III-E.l.
MINUTES ITEM # 27061
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
APPROVED the MLNUTES of the INFORMAL & FORMAL SESSIONS of March 16, 1987.
Councilman Moss requested a notation be placed on the bottom of Page 36 and
37, ITFM # 27025 advising this item was NOT DIVIDED but voted upon in ONE
MOTION. Only one vote was taken.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Pentress,
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
March 16, 1987
The CONFERENCE SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
March 16, 1987 at 12:30 P.M.-
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum (ENTERED: 1:00 P.M.)
- 2 -
MAYOR' S C ON C E R N S
ITE # 26989
J. Dale Bimson, City Attorney, rccognized Catherine Buringa, his new Legal
Assistant. Catherine is replacing Ethelyn Register.
ITEM # 26990
The Mayor requested all to sign the SCROLL left by Lillian B. Youell, Chairman
of the Constitutional Celebration Commission. Their signatures would indicate
the Council Members have read and endorse the principles of the CONSTITUTION.
ITEM # 26991
The Mayor advised he had a received a letter from his Secretary, Kay Fudala, in
appreciation of the lovely flowers sent by City Council upon the birth of her
son. She and the "growing weed" are doing fine.
ITEYi # 26992
The Mayor advised of a Meeting with Thomas Ammons, Chairman of the Planning
Commission; Judith Dockery, Vice Chairman; and, Robert Scott, Director of
Planning, on Friday, March 13, 1987. The aforementioned individuals advised
they believed one evening would be sufficient to present the DRAFT of the
COMPREHENSIVE ZONING ORDINANCE. This PRESENTATION is SCHEDULED for March 18,
1987 at 6:00 P.M. in the VIP ROOM of the PAVILION. The Mayor distributed a copy
of a leter from Thomas M. Ammons concerning same. (Said letter is hereby made
a part of the record).
Councilwoman Henley advised it was the HMP Committeets intent to be assured all
55 items on their list would be satisfactorily handled in the DRAFT of the
COMPREHENSIVE ZONING ORDINANCE.
Councilwoman McClanan advised this project is going to be accomplished in a
correct manner. The HMP COMMITTEE has made this clearly understandable. The
purpose of their HMP COMMITTEE is to produce a better product.
Councilman Fentress referenced changes in the Beach Borough concerning North
Beach and lot coverage in the R-8 Zoning and if same would be included.
ITEM # 26993
The Mayor advised Kellye Cash, MISS AMERICA, will arrive at City Council at
2:15 P.M- today.
- 3 -
ITEM # 26837
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 26994
Vice Mayor Oberndorf referenced concern of citizens relative the height of
hotels on the Oceanfront and lack of sunshine caused by the blockage of the
buildings. Vice Mayor Oberndorf requested an engineering feasiblity study to
determine the proper heights so the buildings do not blot out the sun.
Councilwoman Parker referenced the ULI advised density could still be attained
in buildings by going up a little higher, but by arranging in tiers, the
density would be set back off the street and visibility allowed.
ITEM # 26995
Councilwoman Henley referenced Tax Relief for the Elderly. Councilwoman Henley
requested the NET WORTH figure be addressed and raised from $40,000 to $50,000
as well as the INCOME should be raised to $18,000. In conjunction with same,
the hook-up fees "eligibility" should also be addressed. This issue will be
discussed in the City Council AGENDA of March 23, 1987.
Vice Mayor Obernodorf requested the City Manger have the Research Department
factor the impact of the aforementined action upon the City's Budget.
Councilman Moss also requested information regarding the segment of the
population that does not meet the age criteria but is making less than the
minimum INCOME and NET WORTH.
ITEM # 26996
Councilwoman Henley referenced the OCEAN LAKES SCHOOL. The City Manager
advised further information and recommendations would be provided in the City
Council Agenda of March 23, 1987.
ITEM # 26997
Councilwoman Parker referenced an article in AMERICAN CITY AND COUNTY relative
lisowing the seeds" of economic growth. Many cities have seen major changes in
their economics and tax base. Councilwoman Parker requested a Meeting with the
Department of Economic Development to determine ways to attract additional
industry and what assistance the City can render present companies to broaden
their sales, not only in the United States but also overseas.
Councilman Perry also advised Training Programs within the City are necessary
for these industries.
In response to Councilwoman Parker's concerns, the Mayor requested the City
Manager confer with Jim DeBellis, Director of Economic Development, to
determine the strategy currently in process and ways in which City Council may
render assistance.
Councilman Moss advised he and Councilman Fentress, as a LIAISON CO@IMITTEE,
would be meeting with the Development Authority next Tuesday, Marcli 24, 1987,
at 7:00 P.M., and will discuss Councilwoman Parker's concerns.
- 4 -
ITEM # 26998
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,
March 16, 1987, at 1:00 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
- 5 -
C I T Y M A N A G E R' S I T E M S
ITEM # 26999
The City Manager advised of two RESOLUTIONS to be added to the AGENDA: A
Resolution Declaring an end to the Emergency declared by City Council on
January 12, 1987, pursuant to Sections 44-146.16(6) arid 44-146.21 of the Code
of Virginia; and, a Resolution expressing the Appreciation of the Council of
the City of Virginia Beach, Virginia to the Governor and Others as a result of
their actions following the New Year's Day Storm, 1987.
- 6 -
C I T Y M A N A G E R' S B R I E F I N G
ADDDITIONAL STATE HIGHWAY FUNDED PROJECTS
ITLM # 27000
The City Manager introduced C. Oral Lambert, Director of Public Works, who
advised the Virginia Deparment of Transportation is in a position to consider
additional projects amounting to approximately $30-Million over the six-year
period. The Virginia Department of Transportation will be holding a pre-
allocation hearing on March 25, 1987, 10:00 a.m, in the Suffolk District
Office.
The City is suggesting the submission of the following projects:
1. Landstown Road (Holland to Princess Anne Road)
$ 6.3 Million
2. Salem Road (Ferrell Parkway to Lynnhaven Parkway)
$2.8 Million
3. South Plaza Trail (Princess Anne Road to
Independence Boulevard)
$8.4 MIllion
4. Military Highway (City Line to City Line)
$11.5 Million
- 7 -
C I T Y M A N A G E R' S B R I E F I N G
ENVIRONMENTAL OFFICE DISCUSSION
ITEM # 27001
The environmental issues facing the City of Virginia Beach are numerous. The
rapid development occurring since the City's incorporation in 1963 has resulted
in the need to reevaluate the City's environmental priorities and methods of
addressing environmental issues so that current problems can be solved in a
more efficient and more effective manner and the City can be better prepared as
future problems arise.
Concerning the REPORT OF THE ENVIRONMENTAL QUALITY TASK FORCE, previously
presented to City Council, and hereby made a part of the record, the Council
Members had various inquires.
Councilman Moss referenced Page 7, concerning a Coastal Scientist and the
proper definition. Perhaps, this should be contracted through a Local
University or by some other means rather than having a resident on the City
staff. Councilman Moss could not foresee the need for an Environmental
Coordinator at the Deputy City Manager Level. Councilman Moss advised the
expertise should be at the working level. Councilman Moss referenced Page xiv,
Item No. 7 and requested the real intent of this particular item. Councilman
Moss also referenced Page xvi, Item No. 9 and requested an explanation of the
the increased use of herbicides. Councilman Moss also inquired as to the added
value of "doing something faster".
Patricia A. Phillips, Director of the Office of Research and Strategic
Analysis, advised a better term for Coastal Scientist would be Coastal
Engineer as this would stress the practical applications as opposed to theory.
Councilwoman McClanan advised the City does not set a good example
environmentally. Patricia Phillips advised this unit will be reviewing all
Plans as to their compliance with environmental issues.
Councilman Perry advised Old Dominion University approximately five years ago
performed an excellent study of the Chesapeake Bay. Councilman Perry
recommended ODU be utilized in conducting a study to determine the City's
needs.
Councilman Fentress concurred this position should be in a managerial level to
obtain quick response.
Counciman Baum requested the Flood Plain Ordinance be reviewed to determine if
any revision is necessary.
Vice Mayor Oberndorf advised she believed the Environmental Coordinator was
most essential in performing the responsibilities described in the report and
by City Council.
Councilwoman Henley advised enviromental issues were addressed by competent
people in many departments but an individual is needed to coordinate same into
a proper focus.
The Mayor said the report was a most intelligent product and the Staff is to be
commended; however, he advised the focus should be more comprehensive. Mayor
Jones advised the environmental impact, the ways the City is preserving and
protecting the fragile areas should be of utmost importance.
- 8 -
ITEM # 27002
Mayor 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 Balko, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
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
- 9 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
March 16, 1987
2:12 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 16,
1987,at 2:12 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
INVOCATION: Reverend Paul Kettner
Hope Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item III-D.1
PRESENTATION ITEM # 27003
The Mayor and City Council of Virginia Beach Conferred the Title of HONORARY
CITIZEN upon:
MISS AMERICA
KELLYE CASH
Vice Mayor Oberndorf PRESENTED Kellye with a dozen long-stemmed Roses and a
Virginia Beach Lapel Pin was presented to both Kellye and her mother.
MISS AMERICA presented the Mayor with a photograph of herself and a Kiss was
bestowed upon her cheek by Councilman Baum.
Miss America was accompanied by her mother, Billy; Polly Pearce and June
Graves - Miss America's Chaperone.
Item III-D.2
PRESENTATIONS ITEM 27004
A RESOLUTION OF APPRECIATION was presented to:
Lieutenant Colonel William A. Prosise
Captain Michael A. MacCarthy
Air National Guard
This Resolution was in recognition of the efforts of the Governor, the
Secretary of Transportation and Public Safety and the National Guard Units
for their diligence in attempting to provide an emergency dune line with
existing sand in the Sandbridge area.
Lee Eskey, Director of Emergency Services, was also recognized.
Robert Matthias, Tntergovernmental Relations Co-ordinator, assisted in the
presentation.
- 12 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-E.1 ITEM # 27005
Councilman Heischober referenced a RECONSIDERATION concerning the Ordinances
upon application of IKE & DON, INC. and ACQUISITION, INC. for Conditional Use
Permits for Mini-warehouses.
This item will be ADDED under NEW BUSINESS.
Item III-E.2 ITEM # 27006
The City Manager advised of two RESOLUTIONS to be added to the AGENDA: A
Resolution Declaring an end to the Emergency declared by City Council on
January 12, 1987, pursuant to Sections 44-146.16(6) and 44-146.21 of the Code
of Virginia; and, a Resolution expressing the Appreciation of the Council of
the City of Virginia Beach, Virginia to the Governor and Others as a result of
their actions following the New Year's Day Storm, 1987.
ITEM # 27007
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.
- 13 -
Item III-F.1
MINUTES ITEM # 27008
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 9,
1987.
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
- 14 -
Item III-G.l.a-e & 2.a-c.
PUBLIC HEARING
PLANNING ITE14 # 27009
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT ITEMS
a. GALILEE EPISCOPAL CHURCH CONDITTONAL USE PERMIT
b. PROVIDENCE MENNONITE CHURCH CONDITIONAL USE PERMIT
c. BETHEL PENTECOSTAL HOLINESS CHURGH CONDITIONAL USE PERMIT
d. HENRY AND JOYCE SWANNER CONDITIONAL USE PERMIT
e. JOE COVINGTON, JR. CHANGE OF ZONING
f. ALBERT VINCIGUERRA CHANGE OF ZONING
PLANNING
a. AMURCON CORPORATION OF VIRGINIA CHANGE OF ZONING
b. BAYVILLE FARMS ASSOCIATES STREET CLOSURE
AND CHANGE OF ZONING
c. COMPREHENSIVE ZONING ORDINANCE BILLBOARDS and SIGN REGULATIONS
1 5
Item III-G.l.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27010
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items III-G.l.a., III-G.l.b., III-G.l.c., III-G.l.d.,
ITI-G.l.e and III-G.l.f of the PLANNING BY 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
*Councilman Moss registered a VERBAL NAY on Item III-G.I.e.
- i6 -
Item III-G.l.a.
PUBLIC HEARING
PLANNING BY CONSENT ITR4 # 27011
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of GALILEE EPISCOPAL CHURCH for a
Conditional Use Permit for a church addition.
ORDINANCE UPON APPLICATION OF GALILEE EPISCOPAL
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R03871021
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Galilee Episcopal
Church for a Conditional Use Permit for a church
addition on certain property located on the west
side of Pacific Avenue at the western extremity of
40th Street. Said parcel contains 3.035 acres.
Plats with more detailed information are available
in the Department of Plannning. VIRGINIA BEACH
BOROUGH.
The following conditions shall be required:
1. Prior to site plan approval, a plat must be
recorded vacating the property line lcoated between
the two parcels owned by Galilee Episcopal Church.
2. On-site parking must be provided in compliance with
the City Zoning Ordinance.
3. A ten (10)-foot dedication of right-of-way is
required along Holly Road to provide for a standard
50-foot right-of-way.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March, Nineteen Hundred and Eighty-seven.
1 7
Item III-G.l.a
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27011 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
Sr OF CCUSENT
APPLICANT: Galilee Episcopal Church
APPLICATION: Conditional Use Perniit
DESCRIPTION: Church Addition
CITY COUNCIL SESSION: Marcli 16, 1987
THE UNDERSIGNED OMER OR LEGAL REPRES=ATLVE FOR THE @R,
(or Agent for the @r), @ REVI@ TfiE (-'WDITIONS FOR APPROVAL
(REQUI ED BY THE VIIUINIA BEACH PLANNING @ISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THis
]DATE AS THEY APPLY TO THF REFERENCED APPLICATION FOR To THE
ZCNING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND @Y
A AND AGREES TO:
1. Prior to site plan approval, a plat nust be recorded
vacating the PrcpertY li-ne located bet%een the t@
pa-rcels owned by Galilee Episcopal Church.
2. on site parking must be provided in ccnpliance with the
City Zoning ordinance.
3. A terl- (10) foot dedication of right-of-@y is required
along Holly Road to provide for a standard 50-foot
ri-ght-f-ay.
Owner
By:
@/Atto
Date:
Item III-G.l.b
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27012
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of PROVIDENCE MENNONITE CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PROVIDENCE MENNONITE
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R03871022
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Providence Mennonite
Church for a Conditional Use Permit for a church
addition at the southwest intersection of
Providence Road and Gale Drive. Said parcel is
located at 5363 Old Providence Road and contains
1.562 acres. Plats with more detialed information
are available in the Department of Planning.
KEMPSVTLLE BOROUGH.
The following conditions shall be required:
1. Approval of the variance to the 3 acres required
for a church site pending a February 18, 1987 Board
of Zoning Appeals Meeting. (Said Variance was
APPROVED by the Board of Zoning Appeals on February
18, 1987.)
2. Access is to be limited to Old Providence Road with
no additional or new entrances on Providence Road.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March,Nineteen Hundred and Eighty-seven.
- 19 -
Item III-G.l.b.
PUBLIC HEARING ITEM # 27012 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
Sr OF OONSENT
APPLICANT. Providence @rimnite Church
APPLICATION: Coriditional Use Permit
DESCRIP'rION: Church Additicn
CITY IL SESSION: March 16, 1987
THE UNDERSIGNED OVNER OR @ REPREMUATIVE FOR TiiE @R,
(or Agent for the @er), HAS REVIEWED 'nE CONDITIONS FOR APPROVAL
(REQUI@) ED BY THE VI@INIA BEA(E PLANNING COMMISSION
TO THE VIRGINIA BEACH CIFY COUNCIL FOR Ak'FIRMATIVE ACTION ON THIS
DATE AS @ APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BFACH, VIRGINIA, AND HEREBY
ACCEPT'S AND AGREES TO:
1. Approval of the variance to the three (3) acres required
for a church site was granted by the Boa-td of Zoning
Appeals on February 18, 1987.
2. Access is to be limited to Old Providence Road with no
additional or new entrances on Pr(yvidence Road.
Owner
By: z
@er/At*rney/Agent
Date:
- 20 -
Item III-G.l.c.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27013
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of BETHEL PENTECOSTAL HOLINESS CHURCH for
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF BETHEL PENTECOSTAL
HOLINESS CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH ADDITION R03871023
BE IT HEREBY ORDINANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bethel Pentecostal
Holiness Church for a Conditional Use Permit for a
church addition on the north side of Indian River
Road, 2040 feet more or less west of New Bridge
Road. Said parcel is located at 1814 Indian River
Road and contains 1.02 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BORUGH.
The following condition shall be required:
1. A 31-foot right-of-way dedication along Indian
River Road in accordance with the Master Street and
Highway Plan.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March, Nineteen 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
STATEMENT OF CC)NSENT
APPLICANT: Betliel Pentecc)stal Holiness Church
APPLICATICN: Coriditional Use Permit
DESCRIPrION: Church Addition
CITY CCUNCIL SESSION: March 16, 1987
THE UNDERSIGNED OMER OR LEGAL REPRESENTATIVE FOR THE @R,
(or Agent for the @er), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMEN@) ED BY THE VLEGINIA BEACH PLANNING cammISSION
TO THE VIRGINIA BFACH CIIIY CC)UNCIL FOR AFFI@TIVE ACTION ON THIS
DATE AS @ APPLY TO THE APPLICATION FOR Io TtiE
ZCNI@ MAP OF RE CITY OF VIRGINIA BFACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A 31-foOt right-of-way dedication along Indian River
Road in accordance with the Master Street and Highway
Plan.
By:
@er/Attorney/Ag-t
Date:
- 21 -
Item III-G.l.d
PUBLIC HFARING
PLANNING BY CONSENT ITEM # 27014
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of HENRY & JOYCE SWANNER for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF HENRY & JOYCE SWANNER
FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLIliG IN THE AG-1 DISTRICT R03871024
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Henry & Joyce Swanner
for a Conditional Use Permit for a single family
dwelling in the AG-1 District on certain property
located on the west side of Robinson Road, 2640
feet more or less south of Charity Neck Road. Said
parcel contains 44.097 acres. PLats with more
detailed information are available in the
Department of Planning. PUNGO BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March, Nineteen 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
- 22 -
Item III-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 27015
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of JOE COVINGTON, JR., for a Change of
Zoning District Classification.
ORDINANCE UPON APPLICATION OF JOE COVINGTON, JR.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO A-1 Z03871144
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Joe Covi-ngton, Jr.,
for a Change of Zoning District Classification from
R-5 Residential District to A-1 Apartment District
on certain property located on the north side of
Newtown Road, 108.9 feet east of Muth Lane. Said
parcel contains 1.13 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Prior to the changing of the official zoning maps, the following requirements
shall be met:
1. A variable width right-of-way dedication along the
frontage of Newtown Road to match the realignment
of Newtown Road on file in the City Engineer's
Office to provide for an ultimate 70-foot right-
of-way.
2. A resubdivision is required vacating lot lines and
incorporating this site into the larger parcel
currently zoned A-1 Apartment District which
encompasses this site.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATFMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March Nineteen Hundred and Eighty-seven.
- 23 -
Item III-G.l.e
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 27015 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, 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 Nay
STATEMENT OF CONSENT
APPLICANT: Joe Cov @ ton
APPLICATION: Change of Zoning
DESCRIPTION: Fran R-5 Rp-sidential District to
A-1 Apartnent District
CITY COUNCIL SESSION: March 16, 1987
THE UNDERSIGNED @ OR LE)GAL REP ATIVE FOR TRE OWNER,
(or Agent for the Owner), HAS REVI@ THE CONDITIONS F'OR APPMVAL
(REQLJI@S) RE ED BY THE VLFGINIA BEACH PLANNING COMISSION
TO THE VIF43INIA BEACH CIIIY COKJNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS UM APPLY TO THE REFERENCED APPLICATION FOR TO '@
ZONING MAP OF THE CITY OF VI@INIA BFACH, VIIUINIA, AND HEREBY
ACCEPrS AND AGREES '1'0:
1. A variable width right-of-way dedication along the
frontage of Newtown Road to match the realignment of
Newtown Road on file in the City Fngirieer's Office to
provide for an ultimte 70-:Cocyt right-of-way.
2. A resubdivision is required vacating lot @es and
incorporating this site into the larger parcel currently
zoned A-1 Apartment District which enccmpasses this
site.
By:
@er/Attomey/Agent
Date:
- 24 -
Item III-G.l.f
PUBLIC HEARING
PLANNING ITEM # 27016
Upon motion by Councilman Fentress, seconded by Councilman Balko, City
Council ADOPTED an Ordinance upon application of ALBERT VINCIGUERRA for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF ALBERT VINCIGUERRA
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
I-I TO B-2 Z03871145
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Albert Vinciguerra
for a Change of Zoning District Classification from
I-1 LTg-ht Industrial District to B-2 Community-
Business District on certain property located on
the south side of Princess Anne Road, 350 feet more
or less east of Newtown Road. Said parcel is
located at 5759 Princes Anne Road and contains 9867
square feet. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March,Nineteen 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
- 25 -
Item III-G.2.a.
PUBLIC HEARING
PLANNING ITEM # 27017
Attorney Robert Cromwell represented the applicant and presented an agreement
limiting density to 9 units per acre. (Pembroke One - 499-8571)
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of AMURCON CORPORATION OF
VIRGINIA for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF AMURCON CORPORATION
OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO A-1 Z03871146
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Amurcon Corporation
of Virginia for a Change of Zoning District
Classification from R-8 Residential District to A-1
Apartment District on certain property located on
the east side of Chimney Hill Parkway, 70 feet
south of Holland Road. Said parcel contains 5.30
acres. Plats with more detailed information are
available in the Department of planning. KEMPSVTLLE
BOROUGH.
Prior to the changing of the official zoning mpas, the following condition shal
be met:
1. Recordation of a deed restriction limiting density
to 9 units per acre for this parcel and the
adjacent 1.95 acre A-1 site on the east.
City Council had DENIED this Ordinance on November 24, 1986, and REFERRED this
Ordinance BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION at 9 UNITS PER
ACRE on December 15, 1986.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of March,Nineteen Hundred and Eighty-seven.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
25a
Amur@o lorpora ti on of Virginia, a
c i.
Virg,n,@a .ror atn
TO (COVENANTS AND CONDITIONS)
CI'VY OF VIRGINIA BEACH
THIS AGREEI@1ENT, made this 9th day of February
198 7, by and bet;,7een Amurcon Corporation of Virginia, a Virginia
Corporation
Ocollectively Grantc)r,
Party of the first part, and CITY Or VIRGINIA BEACH, a muni---ipal
corporation of the Commonwealth of Virginia, Grantee, par-ty of
the second part,
W I T N E S S E T H:
WHEREAS, the Grantor is the owner of a certain parcel of
p--cpertv located in the Borouqii of the city of
Virginia Beach, containinq 7.289 acres and designated as "Parcel
G (1.989 ac.) and Parcel H (5. On tllat certain
plat entitled " Subdivision of Property of Rose Holland Associates
Limited Partnership, Princess Anne and Kempsville Borouqhs, Virginia
Beach, Virqinia prepared by
dated anO recorded
in thle Office of tlie Clerk of the Circuit Court of the City of
Virqinia Beach, Virqiiiia, in Map J3ool< 136 , at Piqc, 11 I to @.ihich
reference is made for a morl- particular description, said
prooerty hereinafter referred to as the "Propertv";
WHEREAS, the Grantor has initiated an amendment tc, the
Zonina llap of the City of Vir i Virainii, hy pe'L- i t i c).ri
c7 nia 13cacli,
add@-essed to the Gran,@@c-e so as to Chang@@ till Zoiiing
classif icatioji of the Propertv Eroi,l R-8 District to A-1
District; and
WHEREAS, the Grantee-, POlicY is to Provide only for thel
orderly developmelit of land for various purposes, includitiq
variotis residential Ofand co,,nmercial]
T)@irr)oses, thro--Iqh zori,,Iq
and ot@ier land development legislation; and
WHEREAS, the Grantor acknot-iledges that the competinq and
sometimes incompatible development of various types of
residential Ofand commercial) uses conflict and that in order to
permit differing types of uses on and in the area of tyte Property
and at tli(- same time to. reconnize the effects of clianqe and the
need for recreational facilities and oLDen space in the area,
certain reasonable conditions qoverninq the use of the Prc)perty
for the protection of the cominunity that are not generally
applicablf, to land similarly zoned are needed to cope with the
situation to which the Grantor's rezoning application gives rise;
an(3
WHEREAS, the Grantor has voluntarily proferred, in
writinq, in advance of and prior to the public hearilig before the
Grantee, as a part of the proposed amendment to the Zonin(3 Mtp
viith respect to the P@-opert%,, the follo%ving reasonable
conditionso related to the phvsical development, 0-I)eration, and
use of the Property to be adopted as a part of said amendment to
the 7oninq Plap rllative and applicable to @'he Property, whici)
have/has@-I a reasoiiable relation to the. rezoning and the need for
whi--h is qenerate(i [-)y the rezonina;
NOP7, THEPEFORE, the Grantor, for Othemselves, their
successors, pers,-)nal representatives, assigns, qrantees, and
other successors in title or interest, voluntarily and without
,iny requirement b@, or exaction from the. Crantee or its governiliq
body and without any ele@Tent of comptilsion or cluid pro quo for
zoninq, rezoninq, @@[conditional use permi'Ll, site plan, building
permit, or subdivision approval, hereby makes the fo..Ilo,,qina
declaration of conclitionso aiid restrictionsn t;hich shall restrict
E,@nd govei:n .lie physicil devc-loo.lient, or),@ration, and ii--e of the
Propert,,, ancl horf--!)v covenants and aqrees that this declaration
shall constitilte covC'rlartS rLInnir.,7 @-iitli 'lie Prc)perty, which shall
-2-
be bindinq tipon the Propertv ancl upon all partief-, and per--Ons
claiming under or through the Grantor, Otheir successors,
personal representatives, assiqns, grant(-,es, an(] other succesors
in interest or title;
1 Property shall be developed at a density not to
exceed nine (9) units per acre.
2.
3.
4.
The above cc)nditionso, havinq been Proferred by the
Grazitor arid allowed and acceTDted by the Grantee as part of the
amend,7ent '@o the zoninq ordinance, shall continue in full forc-@
and effect until a subsequent amendment changes the zoning of the
Properl.y and speci--Ficallv ret)eals such conditionso. Such
conditions@'I shall continue despit.,@ a subsequent amendment to the
zoninq ordinance even if tlle subs(,QLlent amendment is part of a
compreliensive implementation of a now or substantially revised
zonin,g ordinance unt4@l sDecifically reldealed. The conditionso,
lio;iever, may bL rep(laild, amenclecl, or variecl bv tvrillteii
instrument I-ecorded in @hQ Clerl:'s O"f4ce of the Circiiit Court of.
the Cil.y of Virginia Beacil, @7irgiiiia, and (-XecuLed ))v the record
o,,iner of the Prop,,rtv at the tii;.il of recor.-lati(-)il C)f r,,ach
@-nstrument, provided that said instrument is co,,en@@d to by tl)O
(-,rantee in %.tritinq as evidLnc(-cl ')y a c(-rtifiod copy of an
ordinance or a resolution adopted t)y the governing bodv of the I
Grantee,lafter a public hearinq before the Crantee which was
advertised r)ursuant to the r)rovisions of Section 15.1-431 of
code of Virqinia, 1950, as amended. Said ordinance or resolution
shall be recorded along %iith said instrument as conclusive
evidenc(- of such consent, and if not so recorded, said 4-nstrument
shall be void.
All references hereinabove to R-8 and A-1 Districts
and to the requirement,-, and rc-qtilttions -,pplicable thcreto refer
to the Coinpreliensive Zoninq Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virgiiiia, in force as of tlie 9th
dav of r , 1987, %,,hich are bv this reference
incorporated herein.
The Grantor covenants and aqrees that:
(1) The zoninq Ad!ninistrator of the City of Vir(ginia
Beach, Virqinia, shall be vested with all necessary authoritv, on
behalf of the governing body of the Citv of Virginia Beach,
Virqinia, to administer and enforce the foreqoinq conditions and
restrictions, includ4.nq the auttiorit,,, (a) to rrd-r,,,in @41-it-*@ng,
that anv jioncomoliance witli sucli conclitions he remedied, and (b)
to brinq legal action or suit to insure co.,npliance with such
conditions, includinq rrandator%, or nrohibi@@or%l iniunction,
abatement, damages, or other appror)riate ac:tion, suit, or
proceedi,lq;
(2) Thc, Eailur(, to meer ill conclitions and restrictions
shall constitute cause to deny the issuance of any of the
reauired iduildinq or occupancy per-.iits as mav be appropriate;
(3) If aggrieved by anv dec4-sion of the Zonipq
"Idministratc)r, made pui:suant to "hose provisions, the (7,rantor
shall )L-til.ion ttie gov--riii,,iq bocl,! 'L-or the revilvl tl)ereof. pr@ to
lor
instil@utiiiq proceedinqs in court; and
(4) the Zoriin-I !lap cliot-i bv an appro.,)riat(,- svmbol on
-Lhe man tlie existl@nco of condit-ions attachina to the zoninq of
the Ilrot)ertl,,, and the or(linance,3 and -Lhe condi,-ions mz:v be @.ade
-incl for puhlic inspection i-ii the
readi@ly availahl,, L
office c)f the Zoning Administrator an(-] in tl)e Plannin,.l
-4-
Department, and they stiall be recorded in ttie Clerl-l's Office of
the Circuit Court of tile Citv of Virqinia B(,ach, Virqinia, an(]
indc,:<e(I in tlic, names of the (-.rantor and t!io (-.cantee.
OTh-- foreqoinq conditions and rest.-ictions may al--o ')e
enforced by any person residing in a nearby neighborhood or by
any civic loaques representinq iilv nearhv neiqllborhoc)rls, which
civic leagues shall be Jeened tc) be per--oiis ;iith standing to -u(-,i
;.iith res.oect t:o anv I(-,Clll actioti I)rouqht to (Inforce the fol-eqoinql
con(ii-lions aiid restrict,'-ons.
tgITZIESS the follo@iing Fiqnatures and
Amurcon Corporation of Virginia,
a Virginia Corporation
By: (SEAL)
James W. Swafford, Jr.
Vice-President
State of Virginia,
City of Virginia Beach, to-wit:
The foregoing instrument was acknowledged before me this
day of February, 1987, by James W. Swafford, Jr., Vice-President
of Amurcon Corporation of Virginia, a Virginia corporation, on behalf
Of the corporation.
Notary Public
My Commission expires:
- 26 -
Item III-G.2.a.1
PUBLIC HEARING
PLANNING ITEM # 27018
The following spoke in SUPPORT of the application:
Attorney Grover Wright represented the applicant and advised in conjunction
with the Street Closure, the applicant shall dedicate a 15-foot right-of-way
to the City adjacent to the City Park property. Attorney Wright had
previously presented a copy of the proferred deed restrictions as well as
the plat applicable to the Change of Zoning request. (Said copy is hereby
made a part of the record). (3330 Pacific Avenue - Beach Tower Building -
428-2741)
Robert Stanton, Managing Partner of Bayville Farms, assisted with the visual
displays (4141 First Court Road - 464-1961)
Eugene Walters, represented Farm Fresh, advised the Store's water use was
minimal (2089 Thomas Bishop)
Charles Neelley former President of Bay Cliff Civic League, (2212 Sun Vista
Drive 460-9001)
Ella Rhoads, responsible for conducting the Tours of Bayville Farms, Member
of the Executive Board of the Throgoughgood P.T.A., (4137-I First Court
Road 464-6318)
Richard T. Ray, acquaintance of Bayville Farm family members for many years,
(5202 Ocean Front 428-1809)
A. Leland Simmons, 17-year resident of Virginia Beach, (5204 Ocean Front
473-2303)
OPPOSITION:
W. Allen Greene, President of the Baylake Pines/Baylake Beach Civic League,
(4028 Rampart Street 471-4884)
Paul A. Ryan, represented self and neighbors (2344 Bayville Road 460-2312)
Frederick Talbott, represented self and neighbors, (4244 Bounty Road 460-
6257)
Ida F. Roberson, President of the Bayville Park & Garden Civic League,
Office: 497-7004 Home: 464-0645)
Reverend Kenneth R. Carbaugh, represented Our Savior Lutheran Church, and
distributed a petition in OPPOSITION to the application. (Said petition is
hereby made a part of the record).
Juddith K. Connors, President of the Ocean Park Civic League (3958 @ihispering
Oaks Place 464-3604)
Tom Ackiss, resident of Baylake Pines and former President of the Baylake
Pines Civic League, (2401 Lookout Court)
Dearie Williams, represented Baylake Pincess Civic League, (4220 Sandy Pay
Drive 464-3388)
Dr. Harry Plunkett, Pastor of the Baylake Methodist Church
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
DEFERRED for Compliance of 180 days until the City Council Meeting of
September 21, 1987, an Ordinance for the discontinuance, closure and
abandonment of a portion of Five Forks Road upon application of BAYVILLE
FARMS ASSOCIATES.
Application of Bayville Farms Associates for the
discontinuance, closure and abandonment of a
portion of Five Forks Road located on the south
side of Shore Dive, 517.21 feet west of Baylake
Drive as shown on the plat entitled "Map of Parcels
c & D, Property of Bayville Farms, Inc., Bayside
Borough, Virignia Beach, Virignia." Said parcel is
variable in width from 30 feet to 41.26 feet and
contains 16,945 square feet more or less. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
- 27 -
Item III-G.2.a.(l)
PUBLIC HEARING
PLANNING ITEM # 27018 (Continued)
The following conditions shall be required:
1. A 3.5-foot right-of-way be retained along Shore
Drive to provide for an 8-lane divided roadway with
a bikeway
2. Resubdivision of the property to incorporate the
closed area into adjoining parcels.
3. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
4. Dedication of a bicycle and pedestrian easement
leading from Shore Drive to the City park of a
width and location mutually acceptable to the City
and applicant.
5. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
- 27a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET KNOWN AS FIVE FORKS ROAD, LOCATED IN RAYSIDE
BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED "MAP OF PARCELS C AND D, PROPERTY OF
BAYVILLE FARMS, INC., BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA,"
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Bayville Farms Associates, a Virginia Limited
Partnership, that it would make application to the Councii of the
City of Virginia Beach, virginia, on 1 1987, to have the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT OBTAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
Beginning at a point in the southern right-of-way
line of Shore Drive (Virginia Route 60), where the same
is intersected by the eastern right-of-way line of the
street to be vacated hereby (commonly known as Five
Forks Road) which point is S 74@32'49" W a distance of
517.21 feet from the intersection of the southern
right-of-way line of Shore Drive and the western
right-of-way line of Baylake Drive, the Point of
Beginning; thence from such Point of Beginning along
the eastern right-of-way line of Five Forks Road, S
27@54'17" W a distance of 579.35 feet to a point;
thence turning and running N 60159'04" W a distance of
30.01 feet to a point in the western right-of-way line
of "Five Forks Road; thence along said western
right-of-way line of Five Forks Road N 27@54'17" E a
distance of 550.44 feet to a point located in the
southern right-of-way line of Shore Drive; thence along
said southern right-of-way line of Shore Drive N
74@32'49" E a distance of 41.26 feet to a point in the
eastern right-of-way line of Five Forks Road, the Point
of Beginning. (Portion to be vacated is designated as
0.389 acres of Five Forks Road.)
All as irore particularly shown on that certain
plat entitled "Map of Parcels C & D, Property of
Bayville Farms, Inc.", Bayside Borough, December 1,
1986, prepared by Baldwin & Gregg, Engineers,
Surveyors, Planners.
- 27b -
Said parcel of land being a portion of Five Forks Road
as indicated on the attached plat.
SECTION II
A certified copy of this ordinance shall be filed
in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, indexed in the name of the City of
Virginia Beach, as grantor.
2
- 28 -
Item III-G.2.b.(2)
PUBLIC HEARING
PLANNING ITEM # 27019
A MOTION was made by Councilman Perry, seconded by Councilman Balko to ADOPT an
Ordinance upon application of Bayville Farms Associates, a Virginia Limited
Partnership for a Change of Zoning from R-6 Residential to B-2 Community-
Business District on property located at the southwest corner of Shore Drive
and Baylake Drive, containing 11.789 acres, (Bayside Borough).
Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko and John L. Perry
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera
E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 29 -
Item III-G.2.b.(2)
PUBLIC HEARING
PLANNING ITEM # 27019 (Continued)
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council DENIED an Ordinance upon application of BAYVILLE FARMS ASSOCIATES, A
VIRGINIA LIMITED PARTNERSHIP for a Change of Zoning:
ORDINANCE UPON APPLICATION OF BAYVILLE FARMS
ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-2
Ordinance upon application of Bayville Farms
Associates, a Virginia Limitied Partnership, for a
Change of Zoning District Classification from R-6
Residential District to B-2 Community-Business
District on certain property located at the
southwest corner of Shore Drive and Baylake Drive.
Said parcel contains 11.789 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 9-2
Council Members Voting Aye:
John A. Baum,* Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Albert W. Balko* and John L. Perry
Council Members Absent:
None
*Verbal Vote
- 30 -
Item III-G.2.c.
PUBLIC HFARING
PLANNING ITEM # 27020
Pat Bridges, Virginia Beach Beautification Commission, spoke in favor of said
Ordinance
Lou Pace, represented himself, and spoke in support of BANNING BILLBOARDS -
(1908 Hunts Neck Court - 468-0925)
Robert Mycek, represented Adams Outdoor Advertising, and spoke in OPPOSITTON
and urged mutual regard. Robert Mycek requested the sentence in paragraph (a)
of said Ordinance be deleted: "No billboards heretofore erected shall be
located, in whole or in part, upon improved property.".
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 216 and
1014 of the Comprehensive Zoning Ordinance of the
City of Virgi-,iia Beach, Virginia, pertaining to
Billboards and Sign Regulations.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Harold Heischober
Council Members Absent:
None
- 30a -
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 216 AND 1014 OF THE
3 COMPREHENSIVE ZONING ORDINANCE OF
4 THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO BILLBOARDS
6 AND SIGN REGULATIONS.
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Sections 216 and 1014 of the Comprehensive Zoning
12 Ordinance of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows;
14 Section 216. Outdoor advertising structures, billboards,
15 signboards and poster panels.
16
17 (a) No new billboards can shall be erected within the
18 City limits, effective immediately. All existing billboards are
19 declared to be nonconforming uses and structures and shall be
20 governed by the provisions of sections 105 and 215 of the zoning
21 ordinance of the city of Virginia Beach. No billboard heretofore
22 erected shall be permi:tted-@-remai:n located, in whole or in
23 part, upon improved property.
24 (b) No billboard shall be located within five hundred
25 (500) feet of an interchange, or intersection at grade, on any
26 highway, interstate or city council designated expressway
27 (measured along the highway, interstate or expressway to the
28 nearest point of the beginning or ending of pavement widening at
29 the exit from or entrance to the main travel way). On all other
30 streets no billboard shall be located within two hundred (200)
31 feet of any right-of-way of any underpass, overpass, bridge or
32 tunnel or a plaza serving such facility.
33 (c) No billboard shall be closer than fifty (50) feet
34 to line nor located closer than six hundred sixty
35 (660) feet to the right-of-way line of any interstate or
36 expressway designated by city council, nor closer than twenty-
37 five (25) feet of the right-of-way of any other street. However,
38 no billboard shall be located within two hundred (200) feet of
- 30 b -
39 any established residential or apartment zoning district. No
40 billboard shall be located upon any lot having a frontage of less
41 than two hundred (200) feet and an area of less than ten thousand
42 (10,000) square feet.
43
44 Section 1014. Sign regulations.
45 Within an I-2 Heavy Industrial District, the sign
46 regulations applicable to the I-1 Light Industrial District shall
47 apply
48 oriented-toward-the-waterfront.
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia, on the 16 day of March 1987.
51 KJC/lmt
52 02/11/87
53 02/26/87
54 CA-87-02158
55 (ordin\proposed\0216czo.pro)
2
- 31 -
Item III-G.2.d.
RECOGNITION ITEM # 27021
ADD-ON
The Mayor RECOGNIZED in the audience:
Madeline Nevala - American Association of Retired Persons.
- 32 -
Item III-H.1
RESOLUTION ITEM # 27022
Attorney William Harrison, represented Westminister-Canterbury of Hampton
Roads, Inc.
Kevin Cosgrove, Assistant City Attorney, responded to City Council's inquires
concerning sharing of the fees with the City of Norfolk. Norfolk has not yet
responded in the affirmative.
A MOTION was made by Councilman Fentress, seconded by Vice Mayor Oberndorf to
ADOPT a Resolution approving the plan of financing of Westminster-CanterburY of
Hampton Roads, Inc. in the amount of $25,000,000, and concurring with the
inducement resolution adopted by the Industrial Development Authority of the
City of Norfolk, Virginia.
A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman
Perry to DEFER for two weeks until the City Council Meeting of March 30, 1987,
a Resolution approving the plan of financing of Westminster-Canterbury of
Hampton Roads, Inc. in the amount of $25,000,000, and concurring with the
inducement resolution adopted by the Industrial Development kuthority of the
City of Norfolk, Virginia. This DEFERRAL would enable a decision concening
sharing of the fees.
Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McClanan, Mayor Robert G. Jones and John L.
Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress,
liarold Heischober, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 33 -
Item III-H.1
RESOLUTION ITEM # 27022 (Continued)
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Resolution approving the plan of financing of
Westminster-Canterbury of Hampton Roads, Inc. in
the amount of $25,000,000, and concurring with the
inducement resolution adopted by the Industrial
Development Authority of the City of Norfolk,
Virginia.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
Attorney Kevin Cosgrove will continue negotiations concerning the fees.
-.4p@,,OvED AS To cON-FEIA'f 33a
LUTION APPROVING THE PLAN OF FINANCING
OF WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
AND CONCURRING WITH THE INDUCEMENT RESOLUTION
ADOPTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE
CITY OF NORFOLK, VIRGINIA
WHEREAS, the City of Virginia Beach Development AuthoritY
(the "Authority") has considered the application of Westminster-
Canterbury of Hampton Roads, Inc. (the "Company") for the
approval by the Authority of the issuance by the Industrial
Development Authority of the City of Norfolk of its Residential
Care Facility Refunding Revenue Bonds in an amount not to
exceed $25 million (the "Bonds") to assist the Company in
the refunding of (a) the Industrial Development Authority
of the City of Norfolk $20,290,000 Residential Care Facility
Mortgage Revenue Bonds (Westminster-Canterbury of Hampton
Roads, Inc.) Series of 1979 and (b) the Industrial Development
Authority of the City of Norfolk $4,000,000 Residential Care
Facility Mortgage Revenue Bond (Westminster-Canterbury of
Hampton Roads, Inc. Facility) Series of 1985 which were original-
ly issued on November 27, 1979 and September 26, 1985, respective-
ly, to assist the Company in the acquisition, construction
and equipping of a 493,398 square foot facility for the residence
and care of the aqed located on approximately 16 acres of
land at 3100 Shore Drive, Virginia Beach, virginia, and has
held a public hearing thereon on March 10, 1987; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, virginia (the "City") to
approve the plan of financinq to comply with Section 147(f)
of the Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving
the plan of financing, subject to terms to be agreed upon
and a reasonably detailed summary of the comments expressed
at the public hearinq, if any, have been filed with the Council
of the City of virginia Beach, Virginia; and
WHEREAS, pursuant to Section 15.1-1378, Code of Virginia,
1950, as amended, the Industrial Development Authority of
the City of Norfolk does not have the power to issue the Bonds
and proceed with the plan of financing until and unless the
Council of the City of Virginia Beach, Virginia concurs with
the Inducement Resolution adopted by the Industrial Development
Authority of the City of Norfolk on February 26, 1987;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The council of the City of virginia Beach, Virginia
approves the plan of financing by the Industrial Development
Authority of the City of Norfolk for the benefit of Westminster-
Canterbury of Hampton Roads, Inc. to the extent of and as
required by Section 147(f) of the Internal Revenue Code of
1986, as amended, to permit the Industrial Development Authority
of the City of Norfolk to issue the Bonds.
2. The approval of the plan of financing, as required
by Section 147(f) of the Internal Revenue Code of 1986, as
amended, does not constitute an endorsement of the Bonds or
the credit worthiness of the Company; but, pursuant to Chapter
33, Title 15.1 of the Code of Virginia of 1950, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obligated to pay the Bonds or the interest thereon
or other costs incident thereto except from the revenues and
monies pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. The Council of the City of Virginia Beach, Virginia
by the adoption of this Resolution hereby concurs with the
Inducement Resolution adopted by the Industrial Development
Authority of the City of Norfolk, Virginia on February 26,
1987 to the extent of and as required by Section 15.1-1378
of the Code of Virginia, 1950, as amended.
4. This Resolution shall take affect immediately upon
its adoption.
ADOPTED BY MAJORITY OF A QUORUM OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA ON RARCH 16, 1987.
-2-
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: February 12, 1987
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Viestminster-Canterbury of Hampton Roads, I-nc. Facility
TYPE OF FACILITY: Residence and Care of the Aged
1. Maximum amount of financing sought $ 25,000,000.
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 3 2 , 6 7 6 , 0 5 0 .
3. Estimated real property tax per year
using present tax rates $ 221,408.
4. Fstimated personal property tax per
year usinq present tax rates $ 23,000.
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ II/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 5 , 9 0 5 , 3 0 9 .
7. Estimated number of regular employees on
year round basis $ 330*
8. Average annual salary per employee $ 12,i@o@o-,._
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
*330 Employees/
224 Full Time Equivalent
4
CHE,
PROJECI NAME: W Iestminste@-canterbu@y of Ham@ton Road Inc.
PROJECT ADDRESS: 3100 Sh(@re Drive
5 Virgini Beach, V@rgi a
I I 1 "5
TYPE Or PROJECT:@ Residen@e and Carle of the ILged
6 6
7
A B D E7 F G h7
B
L YNNHA VEN ROADS
9
10
PROJECT
LOCATI@
@SH A
Ell
CAPE HENRY
TOWIRR
V,FN
SEA
12
bl
BR(
13
CIMCA,
A B 0 E F G H
CO@@.'G.T MC."XX@..DC @A G.10 2.710.000'T Joins Map 13
- 34 -
Item III-H.2.
RESOLUTIONS ITF14 # 27023
ADD-ON
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
A Resolution Declaring an End to the Emergency
Declared by City Council on January 12, 1987,
Pursuant to Sections 44-146.16(6) and 44-146.21 of
the Code of Virginia
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
34a
L:
-io
i it" I R-E
CiTy ilrfclll!@EY
1 A RESOLUTION DECLARING AN END TO THE
2 EMERGENCY DECLARED BY CITY COUNCIL ON
3 JANUARY 12, 1987, PURSUANT TO SECTIONS
4 44-146.16(6) AND 44-146.21 OF THE
5 CODE OF VIRGINIA
6
7
8 WHEREAS, on January 1, 1987, a Northeaster Storm
9 produced damaging winds, surf, and high tides in the sandbridge
10 area of the City; and
11 WHEREAS, this storm caused severe beach erosion in the
12 Sandbridge area and damaged sand dunes and homes adjacent
13 thereto; and
14 WHEREAS, the Council of the City of Virginia Beach,
15 Virginia, recognizing the emergency situation at Sandbridge,
16 passed a resolution declaring a local Emergency as defined in
17 Section 44-146.16(6) pursuant to Section 44-146.21 of the Code of
18 Virginia on January 12, 1987.
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21 That the local Emergency declared under the above-cited
22 Sections of the Code of Virginia is hereby terminated.
23
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on this 16 day of March 1987.
26
27 JDB/cb
28 2/12/87
29 storm.res
30
- 35 -
Item III-I.1
ORDINANCES ITEM # 27024
Councilman Moss referenced his Meeting on Wednesday at 8:00 P.M. with the City
City Manager and Director of Personnel; selected Members of the
Constitutional Offices; as well as, an appointee of City Council. Councilman
Moss referenced a letter from the City Clerk advising of her inability to
attend. The main concern reiterated by the Constitutional Officers was the
assurance that their employees were not affected by this particular change.
Individuals did express this Ordinance represented a breach of faith and
believe they should be treated as all other Department heads.
As per request of Councilman Moss, said Ordinance was WITHDRAWN from the AGENDA
and NO ACTION WAS TAKEN.
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by ADDING a new
Section 2-90 pertaining to Service Awards.
- 36 -
Item III-I.2
ORDINANCES ITEM # 27025
Ralph Smith, Assistant Director of Public Works, responded to City Council
inquiries.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
AUTHORIZED:
New positions for the Department of Public Works.
Funding for the requested positions will be through
the various projects within the Public Works
Capital Improvement Program projects authorized in
the FY 1986-87/1990-91 CIP-
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baurn, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
- 37 -
Item III-I.2.b
ORDINANCES ITal # 27025 (Continued)
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
AUTHORIZED the City Manager:
To seek a Construction Management Engineer for the
Department of Public Works. Funding for the
engineering services will be through the various
projects within the Public Works Capital
Improvement Program projects authorized in the FY
1986-87/1990-91 CIP.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
*Verbal Nay
- 38 -
Item III-I.3
ORDINANCES ITFDM # 27026
Carlton Bowyer, Assistant Superintendent for Virginia Beach City Public
Schools, responded to City Council inquiries, and distributed an Itemized
Breakdown of Cost Overrun (Said Document is hereby made a part of the record).
The Architect was hired in April of 1984 to design a 900-pupil school. During
the iterim with the crowding, in October, 1984, this was changed to a 1600-
pupil school. 118,000 square feet estimate was APPROVED on October 10, 1984.
A week later, it appeared as 138,000 square feet.
Robert Clyburn, School Board Member, referenced the new Salem High School and
advised same was being closely watched to be assured costs would be at the
very minimum. There is a possibility of an over-run.
W. P. Burkhimer, Engineer of the School Project, explained with the assistance
of a drawing of the project, the original design and the effect the change had
on the overall site cost.
Vice Mayor Oberndorf requested a Meeting with Carlton Bowyer, Assistant
Superintendent, and Jim Harris, Staff Architect, for an explanation of the
procedure concerning the Biding Process and Awarding of Contracts utilized by
the School Board.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to transfer $630,000 of additional
appropriations from School Plant Maintenance Shop,
Elementary Schools Window Replacement, Rosemont
Forest Elementary School, Parkway Elementary School
and Roofing Projects to Birdneck Elementary School
(Project #1-917) to cover unanticipated
construction costs.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
None
- 38a -
AN ORDINANCE TO TRANSFER $630,000
OF ADDITIONAL APPROPRIATIONS TO PROJECT
#1-917 BIRDNECK ELEMENTARY SCHOOL TO
COVER UNANTICIPATED CONSTRUCTION COSTS
WHERFAS, the current Capital Improvement Program includes project
#1-917 Birdneck Elementary School with a total project cost of $7,167,699, and
WHEREAS, due to unanticipated expenditures including: architectural
cost overruns, hookup fees, removal of trees from federal property, and extensive
sitework needed to correct poor soil conditions additional appropriations
totaling $630,000 are needed in the project account, and
WHEREAS, the additional appropriations needed may be transferred from
existing school projects which are completed and have excess appropriations
or from projects with anticipated cost savings.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA that appropriations in the amount of $630,000 are hereby trans-
ferred as shown below to provide the additional funds needed for project #1-917
Birdneck Elementary School.
Transfer From:
1-932 School Plant Maintenance Shop $ 38,000
1-946 Elementary Schools Window Replacement 220,240
1-952 Rosemont Forest Elementary School 115,000
1-962 Parkway Elementary School 159,539
1-968 Roofing Projects 97,221
Transfer To:
1-917 Birdneck Elementary School 0 000
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
16th March
day of 1987.
CAC/I ORD24.LCA
- 39 -
Item III-I.4
ORDINANCES ITEM # 27027
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to transfer $2,610,000 from Dam Neck
Road-Phase I, Virginia Beach Boulevard-Phase II
and Independence Boulevard-Phase III projects to
Computer Traffic Signal System Expansion (Project
#2-988) to allow acceleration of work.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 39a -
AN ORDINANCE TO TRANSFER $2,610,000
FROM VARIOUS PROJECTS TO PROJECT
#2-988 COMPUTER TRAFFIC SIGNAL SYSTEM
EXPANSION TO ALLOW ACCELERATION OF WORK
WHEREAS, City Council desires to accelerate work involving the expan-
sion of the city's computerized traffic signal system to meet a mid-1988 comple-
tion date, and
WHEREAS, to meet the target date, it is necessary to complete design
work, acquire equipment, and obtain construction services resulting in the need
for additional appropriations of $ 2,610,000, in the project account, and
WHERF-AS, the amount needed may be transferred out of several existing
roadway projects with appropriations to be replaced in future fiscal years and
with no anticipated delays in current project schedules of these projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that appropriations in the amount of $2,610,000 are hereby
transferred as shown below to provide the additional funds needed for project
#2-988 Computer Traffic Signal System Expansion. Such funds to allow accelera-
tion of the work.
Transfer From
2-039 Dam Neck Road - Phase I $ 380,000
2-600 Virginia Beach Boulevard - Phase II 580,000
2-831 Independence Boulevard - Phase III 1,650,000
Transfer To
2-988 Computer Traffic Signal System Expansion 0 000
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
16th day of March 1987.
CAC/i ORD25.LCA
- 40 -
Item III-I.5.
ORDINANCES ITEM # 27028
Attorney Thomas C. Broyles referenced the proposed 18-Hole Executive Golf
Course and responded to City Council inquiries displaying a plan of the Golf
Course
The Mayor inquired if there were any other BIDS relative a Deed of Lease on
30.681 + acre parcel of undeveloped land on the west side of South Birdneck
Road noi7th of Bells Road.
There being none, the Mayor DECLARFD the BIDS CLOSED.
Two PROPOSED ADDENDUMS to Paragraph 3 and Paragraph 6 of the Deed of Lease were
distributed to City Council.
Councilwoman McClanan advised her concern related to the buffering of the
Parking Lot NOT as the Tree Buffer was described in said ADDENUDM.
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTFD:
Ordinance authorizing the City Manager to execute a
Deed of Lease on 30.681 + acre parcel of
undeveloped land on the west si@e of South Birdneck
Road north of Bells Road and opposite of Owls Creek
Lane intersection to be utilized as an executive-
type golf course.
The City Manager shall execute the Deed of Lease with modifications, if any,
according to the CONSENSUS of City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
This Item was moved forward on the AGENDA after the Authorization of new
positions for the Department of Public Works.
40a -
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED OF LEASE OF CERTAIN CITY-OWNED
REAL PROPERTY TO BE UTILIZED AS AN EXECUTIVE-
TYPE GOLF COURSE
WHEREAS, the City of Virginia Beach owns a 30.681+ acre
parcel of undeveloped land on the west side of South Birdneck
Road north of Bells Road and opposite the Owls Creek Lane
intersection and more specifically indentified as parcel 462c in
Map Book 162 at page 15 as recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach; and
WHEREAS, it is deemed desirable to have this property
developed and operated as an executive-type golf course, to wit:
a course (1) being from 1,000 to 5,000 yards ;@n length and (2)
containing a par of 56 to 62, both for eighteen holes; and
WHEREAS, City Council has ureviously authorized the City
Manager to invite bid proposals for such purpose pursuant to
Section 15.1-307, et @q_._, of the Code of Virginia; and
WHEREAS, only one bid was received -rom such invitation,
that being from owls Creek Golf Center, Incorporated;
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 execute the attached Deed of Lease
with Owls Creek Golf Center, Inc. for the purposes referenced
above and for the terms and condi-tions more fully specified in
said Deed of Lease attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
16 March
Virginia on the ------- day of
19--$,7-.
TI[IS DEED OF LEASE, Made this day of March, 1987,
by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia (here-
inafter called "Lessor") and OWL'S CREEK GOLF CENTER, INC., a
Virginia Stock Corporation, or its assigns (hereinafter
called "Lessee").
1. DEMISE OF THE PREMISES: Lessor hereby leases to
Lessee, for the purpose of developing and operating an
executive-type golf course, a 30.681+/- acre tract of land
identified as parcel 462c in Map Book 162, at page 15, as
recorded in the Clerk's Office of the Circuit Court of The
City of virginia Beach. The property is further described in
Exhibit 'A" attached hereto.
2. LEASE TERM: Lessee shall have and hold the demised
premises for a term commencing on the date of the last
execution hereof and ending forty (40) years from the date
the Lessee obtains a building permit for the construction of
the said golf facility, which date shall be no later than the
1st day of April, 1987.
3. RENT: Lessee's liability for rent shall begin to
accrue on the rent commencement date and Lessee covenants and
agrees to pay to Lessor an annual rent in advance, on or
before the 1st day of April of each and every year commencing
April 1, 1987, according to the following schedule:
1st 10 years $io,000 for 1st 2 years
$18,000 for last 8 years
2nd 10 years $22,000 yearly
3rd 10 years $25,000 yearly
4th 10 years $30,000 yearly
Such sum shall be payable to the Treasurer, City of
virginia Beach, and tendered to the Director of Finance.
Lessee further covenants and agrees to pay interest at the
rate of 8% per annum, payable monthly, on all rents (includ-
ing percentage rent) and all other sums due under the Lease
from the time said rents or sums accrue. If they are not
paid promptly when due, Lessor expressly reserves all other
rights and remedies provided herein and/or by law in respect
thereto.
4. RESTRICTION: The Lessee acknowledges the property
has air right deed restrictions placed against said property
by the U.S. Government; which air right restrictions do not
prevent the construction and use of the property for an
executive golf course as represented by the Lessee to the
Lessor.
2
5. USE OF THE PROPERTY: Less6e shall not use or permit
the property or any part thereof to be used for any purpose
other than the purpose for which the demised property is
being leased, to wit: development and operation of an
executive-type golf course, and related uses (i.e., driving
range, pro shop and snack bar), as defined by the National
Golf Foundation, Inc. The National Golf Foundation defines
an executive-type golf course as, among other things,
(1) being from 1,000 to 5,000 yards in length and
(2) containing a par of 56 to 62, both for eighteen (18)
holes. It being understood that the golf course shall be
located on the demised property and 41 acre property owned by
Robert H. Braithwaite, et ux. If at any time the Lessee
ceases to utilize the property or any portion thereof for
such purpose, the property shall revert to the Lessor and
this Lease shall automatically terminate.
The Lessee agrees that the City of Virginia Beach may
utilize a strip of the demised premises along South Birdneck
Road, not to exceed eighteen (18) feet, for the purpose of
widening South Birdneck Road if such use is necessary for the
development of the property. Any improvements to be con"
structed along Birdneck Road in the future are not necessar-
ily the responsibility of the Lessor.
3
6. LESSEE'S COVENANTS: Lessee covenants and agrees,
during the term of this lease and for such further time as
the Lessee, or any person claiming under it, shall hold the
demised premises or any part thereof:
A. Rent: To pay the reserved rent on the days and
in the manner aforesaid.
B. Liens and Encumbrances: It is expressly
understood and agreed that Lessee shall have no authority,
expressed or implied, to create any lien, charge, or encum-
brance upon the estate of Lessor in the demised premises, and
the Lessee agrees to indemnify and hold harmless the Lessor
against all liens, charges and encumbrances.
C. Fire Insurance: At its own expense to insure
and keep insured, from the date of actual possession, the
building constructed by Lessee on the premises against loss
or damage by fire and other casualties normally covered by
standard fire and extended coverage policies for not less
than eighty percent (80%) of their replacement value in
responsible insurance companies licensed in the state in
which the premites are located. Subject to the terms hereof,
such insurance is to be made payable in case of loss to
Lessee during the term of said lease.
4
D. Public Liability Insurance: Lessee shall also
maintain and keep in force for the mutual benefit of Lessor
and Lessee comprehensive general liability insurance against
claims for personal injury, death, or property damage occur-
ring in, on or above the demises premises (other than common
areas under the control of Lessor) to afford protection to
the limit of not less than $1,000,000.00 in respect to bodily
injury or death and to property damage. Lesse6 shall deliver
to Lessor, upon request, a certificate of said insurance and
of renewals thereof from time to time during the term of this
Lease. Such insurance shall be with a corhpany acceptable to
the Lessor.
E. Hold Harmless: Lessee further agrees to
indemnify, defend and save Lessor, its employees, agents and
assigns harmless from any liability, loss, cost, expense or
claim of any nature on account of any damage to person or
property arising out of the failure of the Lessee, or Les-
see's agents, employees, servants, licensees or contractors,
in any respect, in regard to the occupancy, operation, use
and maintenance of the demised property (other than common
areas under the exclusive control of Lessor) and perform all
of the requirements and provisions of this lease. Lessor
shall give Lessee prompt notice of any obligations arising
hereunder and Lessee shall have the duty to defend, settle or
otherwise compromise any such claim.
5
F. Repairs: To keep the premises in safe and good
condition and repair, subject to ordinary wear and tear and
to Lessor's obligations herein, if any.
G. Utilities: To pay when due all charges for all
utility services used on the demised premises.
H. Compliance with Law: To comply with all
governmental laws, rules and regulations applicable to the
use, development or operati6n of the demised premises.
I. The Lessee shall not commit or suffer to be
committed any waste on the premises or any nuisances.
Failure to comply with any of the conditions of this
lease shall allow Lessor to terminate this Lease after 4iving
Lessee reasonable written notice by registered mail to
correct the deficiency.
7. CONSTRUCTION OF IMPROVEMENTS: Lessee shall have
the right to make such alterations, improvements, and changes
to the property as are consistent with its intended use.
Likewise, Lessee may, upon written approval by the Lessor,
construct new structures on the property should same become
necessary. It is understood by the parties, however, that
the Lessor shall not unreasonably deny approvals for any
6
proposed new structures during the term of the lease. Any
alterations, improvements, and changes to the property or any
new structure(s) constructed on the property shall become the
property of the Lessor at the termination of this Lease for
whatever reason.
If the Lease is terminated for any reason, the Lessor
shall not be liable to the Lessee in any amount for the
improvements, alterations, additions or new structures on the
premises.
8. ASSIGNMENT AND SUBLETTING: Lessee may not sublet
the property in whole or in part without Lessor's consent at
any time during the term hereof. Lessee may not assign this
Lease without the express, written consent of the Lessor;
which consent shall not be unreasonably denied. Any such
assignment shall be void and will cons@itute grounds for
termination hereof. The provisions hereof may not be changed
except by a writing of equal dignity signed by both parties
hereto.
9. MORTGAGING OF LEASEHOLD ESTATE: In the event that
Lessee shall mortgage its leasehold estate and the mortgagee
or holders of the indebtedness secured by the leasehold
mortgage or trust deed shall notify Lessor, in the manner
hereinafter provided for the giving of notice, of the
7
execution of such mortgage or trust deed and name the place
of service of notice upon such mortgagee or holder of indebt-
edness, then, in such event, Lessor hereby agrees for the
benefit of such mortgagees or holders of indebtedness from
time to time:
A. That Lessor will give to any such mortgagee or
holder of indebtedness simultaneously with service on Lessee,
a duplicate of any and all notices or demands given by Lessor
to Lessee from time to time. Such notices shall be given in
the manner and be subject to the provisions of the notice
provisions of this Lease.
B. That such mortgagee or holder of indebtedness
shall have the privilege of performing any of Lessee's
covenants hereunder or of curing any default of Lessee
hereunder or of exercising any election, option or privilege
conferred upon Lessee by terms of this Lease7 provided,
however, if the mortgagee or holder of indebtedness elects to
operate the golf course pursuant to the terms of this Lease,
written approval must first be obtained from the Lessor for
the person(s) the mortgagee proposes to operate said course.
The Lessor shall consider the experience and background of
the person(s) proposed and shall not unreasonably deny any
such requested approval.
8
C. That, except for the rights of the Lessor to
terminate contained in this Lease, no right, privilege or
option to cancel or terminate this Lease, available to
Lessee, shall be deemed to have been exercised effectively
unless joined in by such mortgagee or holder of the
indebtedness.
D. That no liability for the payment of rental or
the performance of any of Lessee's covenants and agreements
hereunder shall attach to or be imposed upon any mortgagee or
trust deed upon the leasehold estate, unless such mortgagee,
trustee or holder of indebtedness forecloses its interest and
becomes the Lessee hereunder.
E. In the event any provision(s) of this Lease or
portion thereof is found to be invalid for any reason by a
court of competent jurisdiction, the remaining provisions of
this Lease shall remain in effect.
10. LESSOR'S RIGHT OF RT-ENTRY: In the event Lessee
fails to fully comply with any of the provisions of this
Lease or should Lessee fail to comply with any federal,
state, and municipal laws, ordinances, regulations and
easements relating to the demised property or the business
conducted thereon, or in the event Lessee is liquidated, or
in the event the property is deserted or abandoned for a
9
period of thirty (30) days or more, the Lessor shall have the
right, in addition to all of the rights and remedies provided
by law or equity, after fifteen (15) days written notice by
certified mail to Lessee addressed to owl's Creek Golf
Center, Inc., c/o Thomas C. Broyles, P.O. Box 626, Virginia
Beach, Virginia 23451, to reenter the premises peacefully or
by force and to retake possession thereof and to terminate
this Lease. In the event of such termination, Lessor may
attempt to relet the premises in whole or in part for the
unexpired portion of the term hereof and if the property is
relet during said term or portion of said term, Lessee shall
be obligated to reimburse Lessor for any difference between
the rent payable hereunder and that collected by the Lessor
by such reletting. If Lessor is unable to satisfactorily
relet the demised premises, Lessee shall be liable for all
rents and sums as referenced in paragraph 3 hereof. Failure
by the Lessor in any one or more instances to insist upon the
strict observance of any term, covenant, condition, or
provision of this Lease shall not be deemed a waiver of any
such term, covenant, condition or provision.
11. TRADE FIXTURES, MACHINERY AND EQUIPMENT: Lessor
-agrees that all trade fixtures, machinery, equipment, furni-
ture or other personal property of whatever kind and hature
kept or installed on the premises by Lessee's subtenants
shall not become the property of Lessor or a part of the
10
realty no matter how affixed to the leased premises and may
be removed by Lessee's subtenants, in their discretion, at
any time and from tome to time during entire term of this
Lease and any renewals; provided, however, that nothing
herein shall be deemed to affect Lessor's remedy of
distraint. Lessee agrees to repair (or to reimburse Lessor
for the cost of repairing) any damage to the demised premises
occasioned by the installation or removal of said trade
fixtures, machinery, equipment, furniture or other personal
property of whatever kind and nature kept or installed as
referenced above.
12. SURETY: Lessee shall prior to entering the premis-
es, provide the Lessor with a performance bond or letter of
credit in the amount of $150,000.00 to ensure the faithful
performance of this agreement and the payment of all obliga-
tions, in such form and with such surety as are satisfactory
to the Lessor.
13. MISCELLANEOUS PROVISIONS:
A. If any term or provision of this Lease or the
application thereof to any person or circumstance shall, to
any extent, be invalid or unenforceable, the remainder of
this Lease, or the application of such term or provisions to
11
persons those as to which it is held invalid or
unenforceable, shall not be affected thereby.
B. The terms, conditions and covenants of this
Lease shall be binding upon and shall inure to the benefit of
each of the parties hereto, their heirs, personal representa-
tives, successors or assigns, and shall run with the land;
and where more than one party shall be Lessors under this
Lease, the word Lessor whenever used in this Lease shall be
deemed to include all parties hereto jointly and severally.
dITY OF VIRGINIA BEACH, VIRGINIA
Bv
City Manager
ATTEST:
RUTH HODGES SMITH,
CITY CLERK
OWL'S CREEK GOLF CENTER, INC.
By
Pres dent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City and hereby certify that
Thomas H. Muehlenbech, City Manager, and Ruth Hodges Smith,
City Clerk, for the City of Virginia Beach, whose names as
12
such are signed to the foregoing Lease, have acknowledged the
same before me in my City and State aforesaid.
Given under my hand this _ day of
1987.
Notary Public
My conunission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary Public in
and fo@ the City and State afor said, do hereby certify that
, President of Owl's Creek Golf
Center, Inc., whose name is signed to the foregoing Lease,
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:
13
- 41 -
Item III-J.
CONSENT AGENDA ITE14 # 27029
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items la (ADD-ON), 1, 2, 3, 4, 5, 6, 7, 8 and 9
of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Abstaining:
Councilman Harold Heischober ABSTAINED on Item III-J-3 of the CONSENT
AGENDA as he is a Contributor to the SUGAR PLUM BAKERY, INC.
Council Members Absent:
Mayor Robert G. Jones
- 42 -
Item III-J.1a.
CONSENT AGENDA ITEM # 27030
ADD-ON
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution expressing the Appreciation of the
Council of the City of Virginia Beach, Virginia to
the Governor and Others as a result of their
actions following the New Year's Day Storm, 1987.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
- 42a -
R E S 0 L U T I 0 N
EXPRESSING THE APPRECIATION OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TO THE GOVERNOR AND OTHERS AS A RESULT OF THEIR ACTIONS
FOLLOWING THE NEW YEAR'S DAY STORM, 1987
WHEREAS, on January 1, 1987, a Northeaster Storm
produced damaging winds, surf and high tides in the Sandbridge
area of the City of Virginia Beach; and
WHEREAS, the storm cost severe beach erosion in the
Sandbridge area and damaged sand dunes and homes adjacent
thereto; and
WHEREAS, the City Council of the City of Virginia Beach
recognizing the emergency situation at Sandbridge, passed
resolutions declaring an emergency and requesting the @ssistance
of the Commonwealth; and
WHEREAS, the Honorable Gerald L. Baliles, Governor of
Virginia, through the office of Mrs. Vivian Watts, Secretary of
Transportation and Public Safety, instructed Air National Guard
Units under the command of Lieutenant Colonel William A. Prosise
and Captain Michael A. MacCarthy to assist the city in emergency
dune restoration activities; and
WHEREAS, these National Guard Units have worked
diligently for the last six weeks in attempting to provide an
emergency dune line with existing sand in the Sandbridge area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Council is greatly
appreciative of the efforts by the Governor, Secretary Watts,
Major General Castles, Lieutenant Colonel Prosise and Captain
MacCarthy, to assist the City in this time of need.
BE IT FURTHER RESOLVED that the Council is also very
appreciative of the sacrifices and work of the individual
Guardsmen manning the equipment during periods of winter weather
on a windswept beach.
BE IT FURTHER RESOLVED that the Council is aware that
again the Guard was there to help the citizens of Virginia Beach
as it has been numerous times before during periods of natural
disaster and is very thankful for those efforts.
Adopted by the Council of the City of Virginia Beach, Virginia on
this 16th day of March, 1987.
- 43 -
Item III-J.1.
CONSENT AGENDA ITEM # 27031
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Lynnhaven Parkway-
Phase V Project (CIP 2-925) and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
- 43a -
AP@, O@trD AS TO CONTENT
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE
C'I-@@il?rIMPLE FOR RIGHT OF WAY FOR LYNNHAVEN PARKWAY - PHASE V
PROJECT - CIP 2-925 AND THE ACQUISITION OF TEMPORARY AND
E MANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
CITY AT [Ore4EY OR CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of this important
roadway to provide transportation and for other public purposes for the preser-
vation of the safety, health, peace, good order, comfort, convenience, and for
the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed
to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq.,
15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as
amended, all that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled, "LYNNHAVEN
PARKWAY - PHASE V," these plans being on file in the Office of Real Estate,
Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made on behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the -16 day of March 1987.
0 c
JAR:kg
3/2/87
r U,-. E
DEPARTME@IT
APPR@-!,/E-1 A-) 'f--
s@
ATTORN'Y
- 44 -
Item III-J.2.
CONSENT AGENDA ITEM # 27033
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Lynnhaven Parkway
Phase VII Project (CIP 2-061) and Lynnhaven Parkway
Bridge over Salem Canal Project (CIP 2-823) and the
acquisition of temporary and permanent easements of
right-of-way, either by agreement or by
condemnation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentressv
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 Voting Nay;
None
Council Members Absent:
Mayor Robert Jones
- 44a -
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE
FOR RIGHT OF WAY FOR LYNNHAVEN PARKWAY PHASE VII- CIP 2-061 AND
LYNNHAVEN PARKWAY BRIDGE OVER SALEM CANAL - CIP 2-823 PROJECT AND
THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
WAY, EITHER BY AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of this important
roadway to provide transportation and for other public purposes for the preserva-
tion of the safety, health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authoirized and directed
to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq.,
15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as
amended, all that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled, "LYNNHAVEN
PARKWAY PHASE VII PROP. BRIDGE SALEM CANAL," these plans being on file in the
Office of Real Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made on behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 16 day of March 1987.
A 13 @Iq I
.3
JAR:kg
3/2/87
'DEPAR IMEN r
APPROVED AS T@EGAL
suiF@
- 45 -
Item III-J-3
CONSENT AGENDA ITEM # 27034
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED, upon SECOND READING:
Ordinance to transfer $50,000 to a grant for Sugar
Plum Bakery, Inc. from the Reserve for Contingency.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
Mayor Robert Jones
*Councilman Heischober ABSTAINED as he was a contributor to the SUGAR PLUM
BAKERY, INC.
- 45a -
AN ORDINANCE TO TRANSFER $50,000
TO A GRANT FOR SUGAR PLUM BAKERY INC.
FROM THE RESERVE FOR CONTINGENCY
WHEREAS, Sugar Plum Bakery, Inc. a nonprofit corporation providing
training to developmentally handicapped young adults, has requested of the City
of Virginia Beach a one time grant in the amount of $50,000 in support of a start
up fund campaign, and
WHERF-AS, in its regular meeting of February 23, 1987, the City Council
was supportive of this request.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $50,000 be transferred from the
Reserve for Contingency for a one time start up Grant for the Sugar Plum Bakery
Inc.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of March 1987.
First Reading: March 9, 1987
March 16, 1987
Second Reading:
CAC/1 ORD26.BJM
- 46 -
Item III-J.4.
CONSENT AGENDA ITEM # 27035
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance to appropriate $19,000 from Pendleton's
unreserved fund balance for additional construction
costs and purchase of a phone system in conjunction
with the Ornstein House.
Councilman Balko advised he had met with David Grochmal, Director of General
Services, as well as his associates and advised the procedures utilized in
determination of a phone system were correct.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
46a -
AN ORDINANCE TO APPROFRIATE FUNDS IN THE
AMOUNT OF $19,000 FROM PENDLETON'S UNRESERVED
FUND BALANCE FOR ADDITIONAL CONSTRUCTION
7 COSTS AND PURCHASE OF A PHONE SYSTEM IN
CONJUNCTION WITH THE ORNSTEIN HOUSE
WHEREAS, In October, 1986 Mr. and Mrs. Richard Ornstein donated a
3,200 square foot house to Pendleton Child Service Center, and
WHEREAS, after the house was moved additional work was required to
rebuild oneroom previously constructed on a slab, to install a slab, rebuild the
bottom walls of the garage, insulate the walls, and to connect the house to
Pendleton's main entrance, and
WHEREAS, In addition C&P Telephone has advised that the current phone
system cannot be expanded to allow for the extensions to the new facility, and
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BFACH, VIRGINIA that funds in the amount of $19,000 be transferred from the
Pendleton Unreserved Fund to pay for the purchase of a new telephone system and
for the additional construction required to complete the Ornstein House for use
by Pendleton Cbild Service Center.
This ordinance shall be effective from the date of its adoption.
Adop'-ed by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of March 1986.
First Reading: March 9, 1987
Second Reading: March 16, 1987
- 47 -
Item III-J.5
CONSENT AGENDA ITFANF # 27036
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance to appropriate funds and accept a grant
of $117,000 from the State Department of Fire
programs to enhance training for fire fighters.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
lione
Council Members Absent:
Mayor Robert Jones
47a -
17"
AN ORDINANCE TO APPROPRIATE FUNDS AND
ACCEPT A GRANT OF $117,000 FROM
THE STATE DEPARTMENT OF FIRE PROGRAMS
TO ENHANCE TRAINING FOR FIRE FIGHTERS
WHEREAS, City Council is interested in enhancing the training of city
fire fighters, and
WHEREAS, a grant of $117,000 from the Department of Fire Programs is
available for training, and
WHEREAS, the Fire Department proposes spending the grant for expansion
of the Fire Training Center, and
WHEREAS, the grant may be appropriated with no local funds required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the above grant be accepted and funds of $117,000 be
appropriated for site work for a facility support building and parking lot at the
Fire Training Center.
BE IT FURTHER ORDAINED that Estimated Revenue from the Commonwealth of
Virginia be increased by $117,000 to finance the appropriations.
This ordinance shall be in effect from the date of its adoption.
Ad6'pted by the Council of the City of Virginia Beach, Virginia on the
Sixtee'A@ f March 1987.
FIRST READING: March 9, 1987
SECOND RFADING: March 16, 1987
KAR/1 ORD27
- 48 -
Item III-G.6.
CONSENT AGENDA ITEM # 27037
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the rightg-of-way of Club Head
Road to R. G. Moore Building Corporation, its
heirs, assigns and successors in title.
The following conditons shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liabitlity as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit form the Highway Inspections
Bureau.
6. Prior to inssuance of a Highway permit, the owner
or his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
7. No open cut of a public roadway shall be allowed
except under extreme circumstance, such exceptions
shall be submitted to the Highway Division for
final approval.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
AppROVEL) AS TO Co@ITF@@-'-r 48a -
1 Requested by Department of Public Works
2
3
4 AN ORDINANCE TO AUTHORIZE
5 A TEMPORARY ENCROACHMENT
6 INTO A PORTION OF THE
7 RIGHT-OF-WAY OF CLUB HEAD
8 ROAD TO R. G. MOORE
9 BUILDING CORPORATION, ITS
10 H E I R S ,ASSIGNS AND
11 SUCCESSORS IN TITLE
12
13
14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent
17 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
18 amended, R. G. Moore Building Corporation, its heirs, assigns,
19 and successors in title are authorized to construct and maintain
20 a temporary encroachment into the right-of-way of Club Head Road.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a sprinkler
23 system to be installed between the curb line and sidewalk on the
24 north side of Club Head Road and that said encroachment shall be
25 constructed and maintained in accordance with the City of
26 Virginia Beach Public Works Department's specifications as to
27 size, alignment and location, and further that such temporary
28 encroachment is more particularly described as follows:
29
30 An area of encroachment into a portion of the
31 City's right-of-way known as Club Head Road
32 as shown on that certain plat entitled:
33 "PROPOSED IRRIGATION ENCROACHMENT CYPRESS
34 POINT GOLF AND COUNTRY CLUB COMPLEX VIRGINIA
35 BEACH, VIRGINIA NOT TO SCALE DATE: 19 DEC
36 86" and prepared by Carson Design Group Inc.
37 Landscape Architects and Land Planners, a
38 copy of which is attached hereto and to which
39 reference is made for a more particular
40 description.
41
42 PROVIDED, HOWEVER, that the temporary encroachment
43 herein authorized shall terminate upon notice by the City of
44 Virginia Beach to R. G. Moore Building Corporation, its heirs,
45 assigns and successors in title and that within thirty (30) days
46 after such notice is given, said encroachment shall be removed
47 from the City's right-of-way of Club Head Road, its heirs,
48 assigns and successors in title shall bear all costs and expenses
49 of such removal.
50 AND, PROVIDED FURTHER, that it is expressly understood
51 and agreed that R. G. Moore Building Corporation, its heirs,
52 assigns and successors in title shall indemnify and hold harmless
53 the City of Virginia Beach, its agents and employees from and
54 against all claims, damages, losses and expenses including
55 reasonable attorney's fees in case it shall be necessary to file
56 or defend an action arising out of the location or existence of
57 such encroachment.
58 AND, PROVIDED FURTHER, that this ordinance shall not be
59 in effect until such time that R. G. Moore Building Corporation
60 executes an agreement with the City of Virginia Beach
61 encompassing the afore-mentioned provisions.
62 Adopted by the Council of the City of Virginia Beach,
63 Virginia, on the 16 day of March 19 87
64 JAS/lmt
65 02/11/87
66 CA-02157
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- 49 -
Item III-J.7
CONSENT AGENDA ITFM # 27038
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED:
Low Bid to Warbler Construction Co., Inc. in the
amount of $53,902-45 for replacement of 2-inch
(substandard) water mains in 48th Street, West
Holly Road and 55th Street Extended with new larger
mains.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
- 50 -
Item III-J.8.a/b/c
CONSENT AGENDA ITEM # 27039
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED:
BINGO/RAFFLE PERMITS
Kiwanis Club of Pungo Raffle
Multiple Sclerosis Society Raffle
St. Matthews Home and School Guild Bingo/Raffle
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent;
Mayor Robert Jones
- 51 -
Item II-J.9.
CONSENT AGENDA ITEM # 27040
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance authroizing Tax Refunds in the amount of
$30,123-88 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Mayor Robert Jones
ORM NO. C.A. 7 - 51a - 3/ 3/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int. Total
NAME Year of Tax Number tion No. Paid
Mast Farm Realty Corp 87 RE(]/2) 64648-0 12/5/86 30,123.88
Total 30,123.88
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the- day of n T. Atkinson, Treasurer
Approved as t rm:
Ruth Hodges Smith
City Clerk @ I.,JA
I L'-MAMCIJI
7 - I
6a Fe Bim SC @lty
- 52 -
Item III-K.1/4
APPOINTMENTS ITEM # 27041
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT AUTHORITY
OCFAN LAKES FACT FINDING COMMITTEE
PLANNING COUNCIL
WETLANDS BOARD
- 53 -
Item III-M.1
NEW BUSINESS ITF14 # 27042
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ACCEPTED:
The Director of Parks and Recreation's
recommendation to maintain the reservation of open
space at 1,Thitehurst Grove (Kempsville Borough).
The City Manager will prepare an Ordinance
(approximately $180,000) for the City's purchase of
this land and scliedule the appropriation for City
Council's Agenda.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council @lembers Voting Nay:
None
Council Members Absent:
None
- 54 -
Item III-M.2
NEW BUSINESS ITEM # 27043
ADD-ON
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council shall RECONSIDER Ordinance upon application of IKE & DON, INC. for a
Conditional Use Permit for mini-warehouses (Approved by City Council on July
14, 1986) and Ordinance upon application of ACQUISITION, INC. for a
Conditional Use Permit for mini-warehouses (Approved by City Council on
August 11, 1986). (Bayside Borough). These applications have now been
submitted to the Planning Deparmtment under the name of TALC ASSOCIATES.
The aforementioned RECONSIDERATIONS shall be SCHEDULED for the City Council
Meeting of April 6, 1987.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
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
Item III-N.1
ADJOURNMENT ITEM # 27044
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNFD the
Meeting at 6:35 P.M-
Beverl@. Hooks
Chief Deputy City Clerk
R'ath Hodged Smith, CMC R(;bertIYG-\Jone;
City Clerk Mayor
City of Virginia Beach
Virginia