MARCH 9, 1987 MINUTES
@it@ C),f NTilr"irai"
"WORLD'S LARGEST RESORT CITY"
-IOR ROBERI G. JONES,
@-I W,
R-@Rl E, I.'-,
281 CITY HALL BUILDING
MUNICIPAL CENTER
@-ON, Cil, Al.- VIRGINIA BEACH, VIRGINIA 23456 gm
Ci, [8041 427-4803
VIRGINIA BEACH CITY COUNCIL
AGENDA
MARCH 9, 1987
ITEM I. COUNCIL SESSION - Oonference Rocm - 12:00 Noon
A. CITY COUNCIL CCVCERNS
ITEM II. INFORMAL SESSION - @erence Roan - 12:30 PM
A. CALL TO ORDER - Mayor Rober-t G. Jones
B. ROLL CALL OF COUNC-
C. CITY 'S BRIEFINGS
1. Executive and Classification Pay Plan
Charles Hendricks, Cresap, McCorniick and Paget
2. Public 'Abrks CIP - Additional Positions
D. MZ)TION TC) INTO E="IVE SESSICN
I@ III. FO@ SESSION - council s 2:00 PM
A. INVOCI%TICN: Revererid Ralph L. Kay
Glad Tidings Ass@ly of God
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED &RATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY CC)UNCIL
D. ADOPIRICN OF ITEMS F'OR THE FORMAL ACENDA
MINURES
1. SpF SESS C Feb ary 1
,CIAL IVE/INFO@/Fo@ I LqS - - 23, 9 7
2. SPECIAL SESSION - March 3, 1987
F. P ATIGN
1. TROpHy - No ASSOCIATION
G. PUBLIC
1. PLANNING
a. Ord e for the aiscontinuance, closure and abandoriment of a
portion of @iy Avenue -in the petition of Dr. and Mrs. V. J.
Bruckner (Lynrihaveii Borough).
Deferred for @liance October 13, 1986
@ndat-ion: FINAL APPROVAL
b. Ordinance fOr tbe discc)ntinuance, closure and abandorinerrt of a
pc)rtion of an mmamed street at the westem terminus of Twelfth
street in e petition of Micbael R. Masciola, II (Virginia
Beach Borough).
@ndation: AUCW WITHDRAWL
c. ordinance for the discc)ntinuance, closure @ abandornent of a
PC)rtion of ]Dwyer Road in the petition of Building
Corporation Princess Anne Bc)roucjh).
ndation: AP
d. Application of Rcbert R. Beasley L't al, and W. Cecil Carpenter,
for a Gonditional Use Permit for a recreational facility of an
ol e(3
0: oc)ntaining
5,227.2 square feet (Lynrihaven E
R@ndation: APP
e. Application of Chevrcn U.S.A-'im. for a Conditiorial Use
Pennit for a gasoline staticn and car wash a
rner of RDad, oontaining
41,382 square feet (Princess Anne Borough).
@ndation: APPROVAL
f. Application of Richard M. Waitzer, T/A Professional @ for
a Chanqe of Zon@ frcm to 0-1 Of f ice
Di ict at the northwest I and Old
tion Parkway, containing 1.584 acres (Lynnhaven Borough).
RecciTmer)dation: APPROVAL
g. Application of Olive W. on the west side of Harpers
lbad, riorth of London Bridge Road, (Princess Ame Borough).
e f - AG-2 Agricultural District to 1-1 Light
=trio.1 Di@stricftr, containing 13.33 acres
AND,
Chariqe of Zc)ning frcrn R-3 Residential District to Li- ht
Industrj-a,l District, containing 29,185 square feet
AND,
Conditiorial Use Pendt for a bulk storage yard (recreational
vehicles), containing 13.997 acres
Reccmmndation: APP
h. Application of Mary France% Melvin ey and Peter Ray
ey for a Change of Zon frcm AG-2 Agricultural District
to 0-1 Office District cn the east side of General Booth
Boulevard, 810 feet more or less north of Red Mill Boulevard,
(2008 General Booth Bc)ulevard), containing 1.59 acres
(Princess Anrie Borough).
@ndation: APPPDM
i. Application of Resort Devel for a Conditional Use Permit
for autcmtive repairs at the south@st corner Virginia Be@h
Boulevard and Shipps Lane, containxng 9425 square feet
(Lynnhaven ]3orough).
ation: DENIAL
j. APPEAL FROM AEMINISTRATIVE DBCISICN: Ri L. Bartel for a
variance in regard to certain elemnts of the Subdivision
Ordinance on property at the southeast corner of London Bridge
Road and Terrell- Avenue (Lymhaven Borough)
Reccmendation: DENIAL
H. RESOLUTION
1. Resc)lution to cc)nsider allocating certain savings frcin The Breeden
es to the City Project (6-315).
I. ORDINANCES
1. Ordinance upon @IM to transfer $50, 000 to a grant for
Sugar Plum Bakery, Inc. frcm the Reserve for Contingency.
2. Ordinance to amend and reordain the Code of the City of Virginia
Beach, Vi@ia, by ADDIM a new Section 2-90 pertaining to Service
3. New pc)sitions and authorizaticn to seek a Cb on @emerrt
Engineer for the Departnient of Public Works. Funding for the
requested positions and for emineering services will be through
the various projects within the Public Works Capital. @t
Pr,ogran projects authorized in the FY 1986-87/1990-91 CIP.
5. Ordinance to transfer funds within the Department of General
Services in the amunt of $158,173 I-or increased @ along
roadways.
All matters listed under the Consent Agenda are oc)nsidered in the
ordinary cc)urse of business by City ODuncil and will be enacted by one
in the forrn listed. If an item is removed frcm the Consent
Agenda, it will be discussed and voted upon separately.
1. SE /OPEN/AIR
a. Atlantic Enterprises, Inc. - t/a Oceanfront Inn (Surfside Cafe)
b. Banana Republic - (Island Republic)
c. Barclay Restaurant Corporation - t/a London Pavillion (Towers
Cafe)
d. Beach Motel Corporation - t/a Thunderl)ird Motor Lodge (35@
Street Cafe)
e. Colonial Inn, Inc. - t/a Cary's Restaurant Cafe
f. Oceanside Investnent Associates - t/a Holiday Inn oceanside
(Jonah's)
g. Pri-ncess Ann Inn. - t/a Princess Anne Inn (Mother Kelly's
Outside Inn)
2. Application for an DS permit to @cal Transport, Inc., pursliant
to Section 10.5-2 Code of the City of Virginia Beach
3. Cost Participation Agr@t between the City of Virginia Beach and
R. J. Associates One to construct Bisbopsgate Section one Sewer
and Water Project.
4. Cc)st Participation Agreement between the City of Virginia Beach and
Alcyt @raticn to construct the Southgate Sewer Project.
5. Cost Participation Agr between the City of Virginia Beach and
Oak Br@e Devel t Oc)rporation to construct the Oak Br@e
Sewer Project.
6. Ordinances to authorize the acquisition of real property,
ea@ts, either by agreemnt or 'oy condemnation:
a. Cavalier Park/North rn Park water and sewer projects
5-967 and 6-928.
b. Bay Colony Sewer Project CIP 6-934.
c. Bay Colcny Sewer Project CIP 6-935.
7 .Ordinance upc)n FIRST READING to appropriate $19, 000 frcm
Pendieton's Luireserved fund balance for additional construction
costs and purchase of a pbcne system in cc)njunction with the
Omstein House.
8. Ordinance upc)n FIRST RFADIW. to apprcpriate f@s and accept a
grant of $117,000 frau the State t of Fire progr@ to
enhance training for f3.re fig@s
9. Ordinance to transfer $20'000 within @ency Medical Services'
operating budget for the purchase of a new ance for the
Chesapeake Beach Volunteer Rescue Squad.
10. Ordinance to transfer $630,000 of additional appropriations to
project #1-917 Birdneck El@tary Scbool to cover unanticipated
ction co@.
11. Ordinance to authorize a t@rary into a portion of
the rights-of-way of Atlant3.c Avenue and 26th StreL-t to William
Nick and Walter R. Wright, their heirs, assigns and successors in
title.
12. ord@e appointing viewers in the petition of Donald E. Perry :bor
the closure of a portion of Baker (Bayside Borough).
13. RAFFIE
a. Bayside Auxiliary/ Hospital
b. Bayside Jr. High School Band Parents Association
c. Zeta Kappa Chapter of Beta Sigma Phi
14. ordinance authorizing SPECIAL TAX refunds upon application of
certain persons and upon certification of the CcnTaissioner of the
Revenue in the amount of $224.22.
15. Request of the ssioner of Revenue for license refunds in the
ammt of $2,015.63.
16. Request of the City Treasurer for tax refunds in the amunt of
$9,063.88.
K. APPO
1. DEVELOPMUU AURHORITY
2. OCEAN FACR FINDING COMMITREE
3. BOARD
L. UNFINI@ BUSINESS
1. Fiscal 1988 Real Estate Asses
Jerald D. Banagan - Real Estate Assessor
L. NBq BUSINESS
1. Interi.Tn Financial Stat@its
July 1, 1986 through January 31, 1987
M. ADJ
REVISED CIFY OWWIL SESSION
MARCH 1987
March 16th - 2:00 PM
23rd - 2:00 PM
Ma.rch 30th - 7:00 PM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 9, 1987
The CONFERENCE 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 9, 1987 at 12:00 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, Vice Mayor Meyera E.
Oberndorf, John D. Moss and Nancy K. Parker
Council Members Absent:
Councilman John L. Perry (ENTERED: 12:15 P.M.)
- 2 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 26930
BY CONSENSUS, City Council SCHEDULED as possible dates March 18 and 19, 1987,
at 6:00 P.M., in the Conference Room of the PAVILION for a JOINT MEETING with
the Planning Commission and the City Council. The DRAFT of the COMPREHENSIVE
ZONING ORDINANCE will be presented. The City Manager will check with the
PAVILION on the availability of these dates and these times will be presented
to the Planning Commission for their consideration.
IT@714 # 26931
Vice Mayor Oberndorf expressed appreciation to the Thomas Muehlenbeck, Dale
Bimson, David Hay, Randy Blow, David Grochmal, Bill Cashman, Dean Block, Jim
DeBellis and all Members of Council who participated in the James K. Cole
Memorial Volley Ball Fund Raiser on March 7, 1987 at Brandon Junior High
School.
ITEM # 26932
Councilman Fentress referenced the possibility of readjusting the evening City
Council Meeting SCHEDULED for the fourth Monday of each month. Councilwoman
Henley suggested shortening the length of the evening meeting.
ITEM # 26933
Councilwoman Parker referenced the Tree Protection Ordinance. Perhaps City
Council could devise a Voluntary Ordinance as the City's Legislative Package
proposal did not pass the General Assembly which would have incorporated
guidelines submitted by Jack @lhitney, Chief of Comprehensive Planning. The
City Manager advised he had requested Robert Matthias to present to the City
Council some concept incorporting Jack Whitney's guidelines and differences
found in the General Assembly so the City might attempt to address same.
Councilwoman McClanan believed a coalition of the various localities could be
formed to address the concerns. Councilwoman McClanan believed the Fairfax
Oridnance was well worded and contained several exemptions which address the
concerns of many.
ITEM # 26934
The City Manager advised Congressman Valentine has reintroduced his Bill
regarding Lake Gaston and an Environmental Impact Statement. The City Manger
has contacted Congressman Pickett's office and will advise City Council upon
receipt of further information and copies of said BILL.
- 3 -
TTEM # 26935
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 9, 1987, at 12:35 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
- 4 -
C I T Y M A N A G E R IS B R I E F I N G
EXECUTIVE AND CLASSIFICATION PAY PLAN
ITEM # 26936
The City Manager introduced Charles Hendricks, Consultant with Cresap,
McCormick and Paget. Charles Hendricks presented the results of a study of the
compensation for EXECUTIVE and CLASSIFIED EMPLOYEES of the City of Virginia
Beach, Virginia. The study was divided into two components:
1 . The development of a compensation plan and a
performance appraisal system for executive
employees.
2. The review of the present compensation plan and
performance appraisal system for classified
employees.
Charles Hendricks advised of the following STUDY APPROACH:
1. Reviewed documents and data.
2. Interviews were conducted with Council Members
and Executives.
3. Conducted nationwide compensation survey.
4. Evaluated and graded executive positions.
5. Developed new Executive Salary ranges.
6. Assessed classified Salary Ranges and the
variable merit pay plan.
7. Developed new executive performance system and
individual performance criteria.
8. A review was made of current fringe benefit
arrangements of executive and classified
positions in comparison with the surveyed
organizations.
9. Periodic meetings held with a Committee of
representative City Department Directors to
report on the Study's progress.
- 5 -
C I T Y M A N A G E R IS B R I E F I N G
EXECUTIVE AND CLASSIFICATION PAY PLAN
ITEM # 26936 (Continued)
Charles Hendricks reiterated the following EXECUTIVE JOB EVALUATIONS PLAN
GRADE ASSIG@TS:
Salary
Grade Position Title
8 City Manager
7 City Attorney
Deputy City Manager - Development
6 Assistant City Manager - Administration
Assistant City Manager - Analysis and
Evaluation
Assistant City Manager - Human Services
5 Chief Deputy City Attorney
City Physician
Director - Planning
Director - Public Utilities
Director - Public Works
Fire Chief
Police Chief
4 Director - Data Processing
Director - Economic Development
Director - General Services
Director - Parks and Recreation
Director - Personnel
Director - Public Libraries
Director - Social Services
3 Director - Agriculture
Director - Budget and Evaluation
Director - Housing and Community
Development
Director - Juvenile Probation
Director - MH/MR and Substance Abuse
Director - Marine Science Museum
Director - Permits and Tnspections
Director - Public Information
Director - Research and Strategic
Analysis
Real Estate Assessor
2 Director - Emergency Medical Services
Director - Pendleton Child Services
Center
City Clerk
Director - Emergency Government
RECOMMENDED SALARY RANGES
Control
Grade Minimum Point Maximum
8 $73,920 $88,700 $110,880
7 66,56o 79,870 99,480
6 59,930 71,920 89,900
5 53,970 64,76o 80,960
4 48,6oo 58,320 72,900
3 43,76o 52,510 65,640
2 39,410 47,290 59,120
1 35,480 42,580 53,220
- 6 -
C I T Y M A N A G E R IS B R I E F I N G
EXECUTIVE AND CLASSIFICATION PAY PLAN
ITEM # 26936 (Continued)
Concerning the CLASSIFIED COMPENSATION PLAN, the City has successfully pursued
a policy of adjusting its salary ranges to be generally equal to market salary
levels in spite of some other drawbacks in the design and adminsitration of its
current classification and merit pay plan. The City should consider
eliminating the Merit Pay Plan and the Lump Sum Merit Award Program. The City
should consider adopting in its place a two-tiered salary administration plan
for its classified employees. The proposed executive performance appraisal
system should be extended to cover middle managers, professional and
supervisory employees.
Relative FRINGE BENEFITS for all City Employees, Charles Hendricks advised:
1. The City should consider reducing the cost for
dependent health coverage.
2. Explore options to control the overall cost.
Concerning EXECUTIVE EMPLOYEES, Charles Hendricks suggested:
1. The City should reimburse the cost of regular
physical examinations.
2. Provide guaranteed severance protection in the form
of a minimum of at least three months salary.
3. Supplement disability coverage to include non-job
related disabilities.
4. Enhance the value of certain longevity based
benefits such as vacation allowance and retirement
protection.
5. Consider providing a I'menull of possible options.
A copy of Councilman Moss's review of the report entitled CITY OF VIRGINIA
BFACH, VIRGINIA, STUDY FOR EXECUTIVE COMPENSATION AND CLASSIFIED COMPENSATION
to the Mayor and Members of City Council is hereby made a part of the record.
Councilman Moss distributed supplements to the aforementioned review
containing Pay Plan Information for Selected Executive Level Positions in
Fairfax County, Virginia, as well as Per Capita Tncomes and Mean Housing Costs
Comparison Charts between the City of Virginia Beach and Fairfax County. (Said
supplements are herby made a part of the record.)
- 7 -
ITEM # 26937
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 14ATTERS: 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 Heischober, seconded by Councilman Fentress, 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
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 9, 1987
2:20 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 9,
1987 at 2:20 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 Leonard Campbell
Calvary Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item III-C.1
PRESENTATION ITEM # 26938
ADD-ON
The Children presented the Mayor and each Member of City Council with a
representative copy of the CONSTITUTION to read, sign and display. These
children are Members of the Francis Land House History Club under the
auspices of 4-H and directed by Susan Taylor.
Carol Garrison, the youngest Member of the Constitutional Committee,
presented the Mayor with a Plaque designating Virginia Beach as a
Bicentennial City Community.
Lillian B. Youell, Chairman of the CONSTITUTIONAL CELEBRATION COMMISSION,
advised Miss Garrison is the President of the Council of Student Governments
for the High Schools in Virginia Beach. She thanked the Mayor and Members of
City Council for the opportunity to make this presentation and expresed her
delight in being a part of this historical commemoration.
- 10 -
Item III-C.2
PROCLAMATIONS 1TEM # 26939
ADD-ON
The City Clerk advised the PROCLAMATIONS issued during the month of February:
AMERICAN HISTORY MONTH
BLACK HERITAGE GELEBATION DAY - February 7
SMILE WEEK - February 8-14
PTA FOUNDERS DAY February 10
VOCATIONAL EDUCATION WEEK February 8-14
AMERICANISM DAY - February 18
- 11 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 26940
Councilman Fentress referenced FRANCHISE AGREEMENTS/OPEN/AIR CAFES: Atlantic
Enterprises, Inc. - t/a Oceanfront Inn (Surfside Cafe) Banana Republic -
(Island Republic) Barclay Restaurant Corporation - t/a London Pavillion (Towers
Cafe) Beach Motel Corporation - t/a Thunderbird Motor Lodge (35th Street Cafe)
Colonial Inn, Inc. - t/a Cary's Restaurant Cafe Oceanside Investment Associates
- t/a Holiday Inn Oceanside (Jonah's) Princess Ann Inn. - t/a Princess Anne Inn
(Mother Kelly's Outside Inn) (See Item III-J.1 of the CONSENT AGENDA).
This item will be pulled for discussion and a separate vote.
Item III-D.2 ITEM # 26941
Councilwoman McClanan referenced an Ordinance upon FIRST READING 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.(See Item III-J.7 of the Consent Agenda). Councilwoman McClanan had
requested information concerning the cost of the system from the City Manager.
Councilwoman McClanan further referenced RAFFLE PERMIT to Bayside
Auxiliary/Humana Hospital (See Item III-J-13a- of the CONSENT AGENDA).
Councilwoman McClanan noted her VERBAL ABSTENTION as she is a Member of the
Board of Bayside Hospital.
Item III-D-3 ITEM # 26942
Councilwoman Parker referenced an Ordinance to transfer $630,000 of additional
appropriations to project #1-917 Birdneck Elementary School to cover
unanticipated construction costs. (See Item III-J.10 of the Consent Agenda).
This item will be pulled for a separate vote.
Item III-D-4 ITEM # 26943
Vice Mayor Oberndorf referenced an ADD-ON RESOLUTION Ratifying and Confirming
Legal Work done and future Legal Work to be done on behalf of the City of
Virginia Beach with respect to the Lake Gaston Project.
This item will be added under NEW BUSINESS.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
1 2
Item III-E.l.
MINUTES ITEM # 26944
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council shall RECONSIDER:
ITEM # 26899 (ADOPTED on February 23, 1987)
Ordinance to transfer $135,000 from Community
Development Block Grant Contingencies to fund a
contract with and authorize the City Manager to
execute an agreement with the Virginia Beach
Community Development Corporation for a Low and
Moderate Income Home Ownership Program.
Vice Mayor Oberndorf wished to ABSTAIN on said item due to her financial
interest in a Trust with the Virginia Housing Development Authority.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Coucil Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
- 13 -
Item III-E.2
MINUTFS ITEM # 26945
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to transfer $135,000 from CommunitY
Development Block Grant Contingencies to fund a
contract with and authorize the City Manager to
execute an agreement with the Virginia Beach
Community Development Corporation for a Low and
Moderate Income Home Ownership Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Coucil Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
Vice Mayor Oberndorf ABSTAINED on said item due to her financial interest in a
Trust with the Virginia Housing Development Authority.
@ity- cDf NTi@g4i@i@
MEYERA E. OBERNDORF 5404 CHALLEDON DRIVE
VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23462
(804) 427-4581
(804) 464-2622
February 24, 1987
Mrs. Ruth H. Smith
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
RE: Agenda 2/23/87 Item H.l. - Transfer of $135,000 to Fund
Contract with Virginia Beach Community Development
Corporation (Low and Moderate Income House ownership
Program)
Dear Mrs. Smith:
In reference to the above-captioned item, it is
requested that my vote be changed from "yeall to "abstain"
since upon review of my financial records, I have a financial
interest in a trust which does business with the Virginia
Housing Development Authority. It is my understanding that
Virginia Community Development Corporation, a non-profit
corporation, may apply for grants or obtain funding from
Virginia Housing Development Authority in the future.
Therefore to avoid any present or future potential
conflict of interest, I am requesting that my vote be changed
accordingly.
Very truly yours,
Meyera E. Oberndorf
Vice Mayor
MEO/mkm
cc: The Honorable Mayor
Members of Council
Commonwealth Attorney
Public Information office (for distribution)
- 14 -
Item III-E-3.a.
MINUTES ITEM # 26946
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 23,
1987, AS AMENDED:
ITEM # 26898, Page 37
ORDINANCES UPON APPLICATION OF TERRY/PETERSON
DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-3 TO A-2 AND FROM
B-2 TO A-2
The second condition shall be amended to include
the word "exterior" after the word "brick" and
before the word "construction".
2. Building height shall not exceed two (2) stories
of 80% brick exterior construction with vinyl
and veneer entrances and window treatment
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
1 5
Item III-E.3.b.
MINUTES ITEM # 26947
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the MINUTES of the SPECIAL SESSION of March 3, 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
- 16 -
Item III-F.1
PRESENTATION ITME # 26948
Gene Luke presented the TIDEWATER MAYOR'S BOWLING TROPHY to Mayor Robert G.
Jones.
This is the second consecutive year the Virginia Beach Mayor has won this
TROPHY.
This item was MOVED FORWARD on the AGENDA.
- 17 -
Item III-G.I.a-0
PUBLIC HFARING
PLANNING ITEM # 26949
Mayor Jones DECLARED a PUBLIC HFARING on:
PLANNING ITEMS
a. DR. AND MRS. V. J. BRUCKNER STREET CLOSURE
b. MICHAEL R. MASCIOLA, II STREET CLOSURE
c. DOMINION BUILDING CORPORATION STREET CLOSURE
d. ROBERT R. BEASLEY et al CONDITIONAL USE PERMIT
and W. CECIL CARPENTER
e. CHEVRON, U.S.A., INC. CONDITIONAL USE PERMIT
f. RICHARD M. WAITZER, T/A PROFESSIONAL CHANGE OF ZONING
CENTER
g. OLIVE W. 14ALBON CHANGES OF ZONING AND
CONDITIONAL USE PERMIT
h. MARY FRANCES, MELVIN HARTLEY AND CHANGE OF ZONING
PETER RAY HARTLEY
i. RESORT DEVELOPMFNTS CONDITIONAL USE PERIMIT
j. APPEAL FROM ADMINISTRATIVE VARIANCE
DECISIONS (RICHARD A. BARTEL)
Item III-G.1
PUBLIC HEARING
PLANNING ITF14 # 26950
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and
abandonment of a portion of Holly Avenue in the petition of Dr. and Mrs. V. J.
Bruckner.
Application of Dr. and Mrs. V. J. Bruckner for the
discontinuance, closure and abandonment of a
portion of Holly Avenue (Unimproved) beginning at
the eastern boundary of Ebb Tide Road and running
in an easterly direction a distance of 150-47 feet.
Said parcel is 25-08 feet in width and contains
3774 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 18a
ORDINANCE NO.
IN THE MATTER OF CLOSIMO, VACATINO AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS HOLLY
AVENUE (UNIMPROVED) AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "PHYSICAL SURVEY, 251 STRIP OF HOLLY
AVE. (UNIMPROVED) TO BE CLOSED", LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper
notice has been given by Dr. and Mrs. V. J. Bruckner, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on August , 1986, to have a portion
of the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that
the portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described street
be discontinued, closed, and vacated:
THAT CERTAIN portion of Holly Avenue
(unimproved), beginning at a point on the
lqortheastern corner of the intersection of
Ebb Tide Road and Holly Avenue (unimproved)
as established, thence, from said point of
beginning, N 80' 051 00" E, a distance of
150.47 feet to a point, thence S 05' 211 00"
E, a distance of 25.08 feet to a point, thence
S 80* 051 00" W, a distance of 150.47 feet to
a point on the Eastern right-of-way line of
Ebb Tide Road, thence N 05@ 211 00" W a
distance of 25.08 feet to the Point of
Beginning as shown on that certain plat
entitled, "PHYSICALSURVEY, 251 STRIPOFHOLLY
AVE. (UNIMPROVED) TO BE CLOSED, As shown on
the Amended map of Property of Lynnhaven Beach
& Park Co. (M. B. 5, pg. 71) , Lynnhaven Borough,
Virginia Beach, Virginia," dated June 6, 1986
and prepared by Gallup Surveyors & Engineers,
Ltd.
Said parcel of land being a portion of Holly Avenue as indicated
ROm@VELL, BETZ on that certain plat of the property to be vacated, fifty feet
-USTIG, P,C.
tqorth of what is presently Cape Henry Drive, Virginia Beach,
Virginia, which plat is to be recorded in the Clerk'@ Office of
- 1 -
18b
the Circuit Court of the City of Virginia Beach, virginia, upon
adoption of this ordinance, and which is made a part hereof by
reference.
SECTION II
A certified copy of this ordinance shall be filed
in the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective sixty (60) days
from the date of its adoption.
March 9 1987
Adopted: AUTHORIZED FINAL APPROVAL
S TO CONTE@JT
y
NELL, BETZ
[G, P@c.
reb
2
- 19 -
Item III-G.l.b.
PUBLIC HFKRING
PLANNING ITEM # 26951
Russell Chaplain, registered in OPPOSITION but was not OPPOSED to the
WITHDRAI@AL.
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of MICHAEL R.
MASCIOLA, II for the discontinuance, closure and abandonment of a portion of an
unnamed street located at the western terminus of 12th Street.
Application of Michael R. Masciola, II, for the
discontinuance, closure and abandonment of a
portion of an unanmed street located at the western
terminus of 12th Street beginning at a point 110
feet more or less north of Norfolk Avenue. Said
parcel is variable in width from 61-56 feet to
74-50 feet and contains 10,467 square feet mroe or
less. Plats with more detailed information are
available in the Department of Planning. VIRGINIA
BEACH BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item III-G.l.c
PUBLIC HEARING
PLANNING ITEM # 26952
Attorney Jim Evans represented the applicant and advised they have difficulty
with procedural requirements and cannot physcially build the replacement
north/south road within the 180-day time period. Attorney Evans requested a
year to build said road.
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council DEFERRED FOR COMPLIANCE within 180 days (City Council Meeting of
September 14,1987), an Ordinance for the discontinuance, closure and
abandonment of a portion of Dwyer Road in the petition of DOMINION BUILDING
CORPORATION.
Application of Dominion Building Corporation for
the discontinuance, closure and abandonment of a
portion of Dwyer Road beginning at a point 455.5
feet southwest of the intersection with Dam Neck
Road and a running in a westerly direction a
distance of 2782.7 feet. Said street is 40 feet in
width and contains 2.553 acres. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1 . The ultimate disposition of this right-of-way
shall be by purchase rather than direct
conveyance, subject to determination by the City
Attorney's Office.
2. Resubdivison of the property and vacation of
internal lot lines to incorporate the closed
area into adjoining parcels, as well as to
insure that all lots have access to a public
street.
3. Dedication and improvement or bonding of right-
of-way through the area under devlopment to
ensure acceptable improved public access to the
residents on the southern portion of Dwyer Road.
4. The applicant has voluntarily agreed to
landscape the western terminus which is being
closed in keeping with the best professional
landscaping principles.
5. This portion of Dwyer Road cannot be closed
until the other street is built.
6. Closure of this right-of-way shall be contingent
upon compliance with the above conditions within
180 days of the approval by City Council.
- 21 -
Item III-G.l.c
PUBLIC HFARING
PLANNING ITEM # 26952 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item III-G.l.d.
PUBLIC HFARING
PLANNING ITEM # 26953
Robert R. Beasley, the applicant, represented himself
OPPOSITION:
George Taylor, represented the North Virginia Beach Civic League
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance upon application of ROBERT R. BEASLEY ET AL, W. CECIL
CARPENTER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT R. BEASLEY
ET AL, W. CECIL CARPENTER FOR A CONDITIONAL USE
PERMIT FOR RECREATIONAL FACILITY OF AN OUTDOOR
NATURE (DECK OVER THREE (3) CABANAS) R03871019
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VTRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert R. Beasley
ET AL, W. Cecil Carpenter for a Conditional Use
Permit for Recreational Facility of an Outdoor
Nature (deck over three (3) cabanas) on Lot 3,
Block 7, located on the east side of Ocean Front
Road, 77 feet south of 58th Street. Said parcel
contains 5,227.2 square feet. LYNNHAVEN BOROUGH.
The following condition shall be required:
1 . Approval is for a period of two (@) three (3)
years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
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, 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
- 23 -
Item III-G.l.e
PUBLIC HEARING ITEM # 26954
PLANNING
Attorney Robert Cromwell represented the applicant and requested an additional
access on General Booth Boulevard. Attorney Cromwell referenced the Adoption
of an Ordinance upon application of FARM FRESH for a Conditional Use Permit
for a Gas Station ADOPTED on April 22, 1987 and presented a Site Plan (Said
plan is hereby made a part of the record).
Barry Reid, Chevron Representative, advised Chevron would comply with the
City's Sign Ordinance
Phil Brooks, Engineer with Langley and McDonald, advised the applicant would
move the curb cut on General Booth as far in a southerly direction as possible
to Parcel 3; however there was not physically the room from the intersection
to the entrance to put in a proper right-turn lane.
David Clark, Director of Real Estate for Farm Fresh, advised Parcel 3 is
owned by Farm Fresh. Parcel 4 and 6 have been sold. Farm Fresh has a contract
to sell Parcel 2.
Opposition:
Lou Pace, represented the Courthouse Sandbridge Civic Coalition and requested
consideration of internal circulation with no curb cuts at all.
A MOTION was made by Councilwoman McClanan, seconded by Councilman Moss, to
ADOPT an Ordinance upon application of Chevron U.S.A., Inc. for a Conditional
Use Permit for a gasoline station and car wash at the southwest corner of
GenerTl-Booth Boulevard and Dam Neck Road, containing 41,382 square feet
(Princess Anne Borough). Councilwoman McClanan requested the conditions: (1)
only one access point shall be allowed from Dam Neck Road into this site and
none from General Booth Boulevard; (2) Cross access easements with the
adjoining commercial property; (3) Dedication of an appropriate sized scenic
easement along Oceana Boulevard; (4) Public Restrooms for the handicapped
shall be provided; and, (5) The applicant shall comply with the City's Sign
Ordinance.
Upon SUBSTITUTE MOTION by Councliman Baum, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of CHEVRON, U.S.A., INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHEVRON, U.S.A., INC.
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION
AND CAR WASH R03871020
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Chevron, U.S.A., Inc.
for a Conditional Use Permit for a gasoline station
and car wash at the southwest corner of General
Booth Boulevard and Dam Neck Road. Said parcel
contains 41,382 square feet. Plats with more
detialed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
- 24 -
Item V-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 26954 (Continued)
The following conditions shall be required:
1. Only one access point shall be allowed from Dam
Neck Road into this site.
2. Only one access point shall be allowed from General
Booth Boulevard
3. Public restrooms shall be provided with
accesibility for the handicapped.
4. The applicant shall comply with the City's Sign
Ordinance.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of March, Nineteen Hundred and Eighty-seven.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones and John L.
Perry
Council Members Voting Nay:
Barbara M.Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 25 -
Item :II-G.l.i.
PUBLIC HEARING
PLANNING ITEM # 26955
Michael B. Hamar, represented the applicant
Richard M. Waitzer, the applicant, also represented himself and advised there
were 158 parking spaces available and approximately 20 offices will be
constructed.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Concil
ADOPTED an Ordinance upon application of RICHARD M. WAITZER, T/A PROFESSIONAL
CENTER for a Change of Zoning District Classification:
ORIDNANCE UPON APPLICATION OF RICHARD M. WAITZER,
T/A PROFESSIONAL CENTER, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-2 TO 0-1 Z03871143
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richard M. Vlaitzer,
T/A Professional Center for a Change of Zoning
District Classification from A-2 Apartment District
to 0-1 Office District on certain property located
at the northwest corner of First Colonial Road and
Old Donation Parkway. Said parcel contains 1.584
acres. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The folowing conditions shall be required:
1. Category II screening equivalent to the best
professional landscaping standards shall be
required along the eastern propertry line.
2. Trees shall be retained on the western side.
3. Setback sahll be sufficent to allow for the future
widening of First Colonial Road
4. Height of building shall not exceed approximately
40 feet.
Prior to the changing of the official zoning maps, the following requirement
shall be met:
5. A four-foot right-of-way dedication along Old
Donation Parkway to provide for a bike path.
- 26 -
Item III-G.I.f.
PUBLIC HEARING
PLANNING ITEM # 26955 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
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
- 27 -
Item III-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 26956
Attorney William Davenport represented the applicant
A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker, to
DENY an Ordinance upon application of Olive W. Malbon on the west side of
Harpers Road, north of London Bridge Road, (Princess Anne Borough) for a Change
of Zoning from AG-2 Agricultural District to 1-1 Light Industrial District,
containing 13-33 acres AND,Change of Zoni@ from R-3 Residential District to
1-1 Light Industrial District, containing 29,185 square feet AND,Conditional
Use Permit for a bulk storage yard (recreational vehicles), containing 13.997
acres
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Baum,
City Council REFERRED BACK TO THE PLANNING COMMISSION for I-1 Zoning and a
Conditional Use Permit for Bul-k Storage on the entire parcel with a limited
term.
ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A
CIIANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
TO I-1
Oidnance upon application of Olive W. Malbon for a
Change of Zoning District Classification from AG-2
Agricultural District to I-1 Light Industrial
District on certain property lcoated on the west
side of Harpers Road, igoo feet more or less north
of London Bridge Road. Said parcel contains 13-33
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3
TO I-1
Ordinance upon application of Olive W. Malbon for a
Change of Zoning District Classification from R-3
Residential District to I-1 Light Industrial
District on certain property located on the west
side of Harpers Road, 1750 feet more or less north
of London on Bridge Road. Said parcel contains
29,185 square feet more or less. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A
CONDITIOANL USE PERMIT FOR A BULK STORAGE YARD
(RECREATIONAL VEHICLES)
Ordinance upon application of Olive W. Malbon for a
Conditional Use Permit for a bulk storage yard
(recreational vehicles) on certain property located
on the west side of Harpers Road, 1800 feet more or
less north of London Bridge Road. Siad parcel
contains 13-997 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
- 28 -
Item III-G.l.h
PUBLIC HEARING
PLANNING ITEM # 26956 (Continued)
Voting: 9-2
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,
and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
- 29 -
Item III-G.l.h.
PUBLIC HEARING
PLANNING ITEM # 26957
Attorney Robert Cromwell represented the applicant and presented AFFIDAVITS
from citizens residing in close proximity to CHILDREN'S WORLD DAY CARE
facilities and having no opposition. Attorney Crowmell also presented a Site
Development Plan. (Said plan and Affidavits are hereby made a part of the
record.)
OPPOSITION:
Lou Pace, represented the Hunt Club Forest Civic Association and Courthouse
Sandbridge Civic Coalition and spoke against further commericalization on
General Booth Boulevard for the next five years.
Bruce Beiderman, resident of Agecroft Road
Blake Norris, represented the Red Mill Farm Civic League
John Grandfield, President of the Red Mill Farm Civic League.
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of MARY FRANCES, MELVIN HARTLEY AND PETER
RAY HARTLEY for a Change of Zoning:
ORDIANCE UPON APPLICATION OF MARY FRANCES, MELVIN
HARTLEY AND PETER RAY HARTLEY FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-1
Ordinance upon application of Mary Frances, Melvin
Hartley and Peter Ray Hartley for a Change of
Zoning District Classification from AG-2
Agricultural District to 0-1 Office District on the
east side of General Booth Boulevard, 810 feet more
or less north of Red Mill Boulevard. Said parcel
is located at 2008 General Booth Boulevard and
contains 1.59 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
- 30 -
Item III-G.l.i.
PUBLIC HEARING
PLANNING ITEM # 26958
Attorney Robert Cromwell represented the applicant
The following spoke in OPPOSITION and advised of infringements of an
Automobile Body and Paint Shop located in Oceana Gardens:
Reubin W. Willis, represented the Seatack and Atlantic Park Civic League
Reverend Barnett Thoroughgood, President of the Seatack Civic, Atlantic Park
and surrounding neighborhoods Civic League
Geneva 0. Willis, represented the Seatack and Atlantic Park Civic League
Mrs. Ben (Sadie) Thompson, resident of Shipp Lane
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
DENIED an Ordinance upon application of RESORT DEVELOPEMENTS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RESORT DEVELOPMENTS
FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIRS
Ordinance upon application of Resort Developments
for a Conditional Use Permit for automotive repairs
on certian property located at the southwest corner
of Virginia Beach Boulevard and Shipps Lane. Said
parcel contains 9425 square feet. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH (ATLANTIC
PARK COMMUNITY DEVELOPMENT TARGET AREA)
Councilwoman Parker referenced the Ordinance upon application of JAMES LEE
PAPPAS for a Conditional Use Permit for an Automobile Body and Paint Shop
ADOPTED by City Council on August 8, 1983. This application was located in
Oceana Gardens. As the OPPOSITION has advised of infringements in the
Conditions placed upon said Conditonal Use Permit, Councilwoman Parker
requested the City Manager forward a copy of the MINUTES to PERMITS and
INSPECTIONS and have them report to City Council concerning same within two
weeks.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress
- 31 -
Item V-G.l..i.
PUBLIC HEARING
PLANNING ITEM # 26959
Attorney Grover Wright represented the applicant and requested a driveway.
Upon motion by Councilman Balko, seconded by Councilwoman Henley, City
Council APPROVED an appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivison Ordinance, Subdivison for
RICHARD L. BARTEL:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Richard L. Bartel.
Property is located at the southeast corner of
London Bridge Road and Terrell Avenue. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item III-H.1
RESOLUTION ITEM # 26960
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED*:
Resolution to consider allocating certain savings
from The Breeden Companies to the Queen City
Project (6-315).
The words "THE BREEDEN COMPANYN in the CAPTION shall be deleted and
substituted with the words "THE CIP PROJECT 6-92911 before the words "TO THE
QUEEN CITY PROJECT 6-315".
A RESOLUTION TO CONSIDER ALLOCATING CERTAIN SAVINGS
FROM T!iFb BREEDEN G9;!PAiiY- THE CIP PROJECT 6-929 TO
THE QUEEN CITY PROJECT 6-315.
On Line 19 after the word "applicant" and before the words "and the City",
the words "known as CIP Project 6-92911 shall be inserted.
" ... the applicant (know as CIP Project 6-929) and
the City ... "
The words in Line 25 "Should there be savings" shall be substituted for the
phrase "That potential savings":
Should there be savings from the
joint activity of ....."
- 33 -
Item III-I.1
RESOLUTION ITEM # 2696o (Continued)
Voting: 7-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
Barbara M. Henley
Vice Mayor Oberndorf ABSTAINED as she was deeply concened about the City's
professional staff being placed in a position of advising there are no cost
savings and what disappointment might become apparant in the TARGET AREA for
fear they have been short-changed.
- 33a -
I Requested by: Councilman John Perry
2
3
4 A RESOLUTION TO CONSIDER ALLOCATING
5 CERTAIN SAVINGS FROM THE CIP
6 PROJECT 6-929 TO THE QUEEN CITY
7 PROJECT 6-315.
8
9
10 WHEREAS, on February 23, 1987, the Council of the City
11 of Virginia Beach reconsidered the application of the Breeden
12 Companies (#5937) for a change of zoning from B-1 to A-2 on
13 certain property located 350.29 feet west of South Military
14 Highway and 1100 feet north of Indian River Road and containing
15 12.963 acres, and
16 WHEREAS, based upon the presentation of the applicant
17 and review of City staff, certain savings from the joint activity
18 of the construction of a pump station and related facilities by
19 the applicant (known as CIP Project 6-929) and the City may be
20 obtained from this construction; and
21 WHEREAS, in the opinion of City Council, these savings
22 are needed and necessary for another project.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 Should there be savings from the joint activity of
26 construction of the pumping station and related facilities
27 proffered by the Breeden Companies under the above mentioned
28 zoning application, they would be allocated to the Queen City
29 project number 6-315.
30 BE IT FURTHER RESOLVED, that the City Manager is
31 directed to move forward the priority of Queen City project
32 (6-315) based upon these potential savings.
33 Adopted by the Council of the City of Virginia Beach on
34 the 9 day of March 1987.
35
36 JDB/Imt
37 02/25/87
38 03/04/87
39 CA-02172
40 \ordin\proposed\perry.res
- 34 -
Item III-I.1
ORDINANCES ITEM # 26961
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council APPROVED upon FIRST 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,
Mayor Robert G. Jones, Reba S. McClanan, John D.
Moss, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
Barbara M. Henley
Councilman Heischober ABSTAINED as he was a contributor to the SUGAR PLUM
BAKERY.
- 34a -
AN ORDINANCE TO TRANSFER $50,000
TO A GRANT FOR SIJGAR 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
WHEREAS, 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
day of 1987.
First Reading: March 9, 1987
Second Reading:
CAC/I ORD26.BJM
- 35 -
Item III-I.2.
ORDINANCES ITEM # 26962
Councilman Moss advised at the awards ceremony last year, it came to his
attention that City Council appointees, Constitutional Officers and the General
Registrar were eligible to receive Cash Awards under the City's Current Service
Awards Policy. Councilman Moss believed the service of elected officials is
sufficient enumeration. Cash awards for elected officals and appointees was
most inappropriate. Councilman Moss requested; however, the DRAFT submitted in
Council's AGENDA be AMENDED. As presently DRAFTED, it would make said
aforementioned individuals ineligible for Service Award Pins and this was not
his intent.
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
DEFERRED an Ordinance until the City Council Meeitng of March 16, 1987:
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.
This DEFERRAL will enable Councilman Moss to meet with City Council appointees,
Constitutional Officers and the General Registrar, as well as other interested
Council Members to have the benefit of their advice concerning same.
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
- 36 -
Item III-I-3
ORDINANCES ITEi4 # 26963
Ralph Smith, Assistant Director of Public Works, responded to City Council
inquires concerning the issue of available productive hours of a City Employee
engaged in the administration and inspection of construction contracts. Mr.
Smith reiterated how the average 1400 productive hours was achieved. There are
260 work days during the year for a total of 2080 hours. There is an average
of 12 days of annual leave, 10 days average sick leave, 10 holidays, 3 days
of training and administative, or a balance of 2025 hours that the indivdual
is here to work. A lunch hour everyday is provided which leaves 1800 hours.
Twenty minutes in the morning and twenty minutes in the afternoon are
allocated for a break; however, many work through these aforementioned lunch
hours and breaks. 1400 Hours of Productive Work remains. Ralph Smith further
reinterated the role of the Construction Management Engineer.
Rae H. LeSesne, requested this portion of the staffing be funded from the
regular Operating Budget.
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council DEFERRED until the City Council Meeting of March 16, 1987:
New positions and authorization to seek a
Construction Management Engineer for the Department
of Public Works. Funding for the requested
positions and for 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: 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
- 37 -
Item III-I-4
ORDINANCES ITEM # 26964
David Grochmal, Director of General Services, responded to City Council
inquiries
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf City
Council ADOPTED:
Ordinance to transfer funds within the Department
of General Services in the amount of $158,173 for
increased mowing along roadways.
As the GRFAT BIG GREEN HOUSE was the lowest acceptable bidder and their
location on General Booth Boulevard utilizes a truck as their sign, they are in
violation of the City's Sign Ordinance, City Council requested the City Staff
advise the GREAT BIG GREEN HOUSE of their reservations concerning this
violation prior to contracting for their service.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker* and
John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
37a -
AN ORDLNANCE TO TRANSFER FUNDS WITHIN
THE DEPARTMENT OF GENERAL SERVICES
IN THE AMOUNT OF $158,173 FOR INCREASED
MOWING ALONG ROADWAYS
the Department of General Services is charged with the maintenance
ng City roadways, and
WHERFAS, the number of miles which the Landscape Services Division
maintains has in the past five years significantly increased, and
WHERFAS, the mowing frequency of these roadways has increased to
unacceptable levels as the number of miles to be maintained out-paced capabilities, and
WHERF-AS, it is possible to reduce these frequencies to a more acceptable
level tbrough a combination of increased city staff and equipment, and the contracting
out of a substantial portion of the "landscaped roadway" milage to a private contractor,
and
WHERF-AS, for the remainder of the fiscal year the increased city staffing
and equipment and private contracting is estimated to cost $158,173 and will include the
addition of three permanent positions: I Landscape Inspector and 2 Motor Equipment
Operator's, and
WHEREAS, this will allow the frequency to be reduced from once every 5.5
weeks to once every 2.5 weeks for landscaped roadways and from once every 6.3 weeks to
once every 4.5 weeks for "non-landscaped" roads.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that appropriations in the amount of $158,173 be transferred from within the
Department of General Services to fund the FY 1986-87 costs of this program and that
three permanent positions be added to the staffing for the Department of General
Services.
BE IT FURTHER ORDAINED that the City Manager is authorized, on behalf of the
City of Virginia Beach, Virginia, to enter into a five year contract for landscape
maintenance.
This ordinance shall be effective from tbe date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
9th day of Macch 1 1987.
- 38 -
Item III-J.
CONSENT AGENDA ITEM # 26965
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15,
and 16.
Items 1, 7 and 10 were pulled for a separate vote.
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:
*Councilwoman McClanan ABSTAINED on Item III-J-13.a
(RAFFLE PERMITS) - Bayside Auxiliary/Humana
Hospital as she is a Member of the Board of Bayside
Hospital.
Council Members Absent:
Mayor Robert G. Jones
- 39 -
Item III-J.l.b/d/f/gi.
CONSENT AGENDA ITEM # 26966
Steve Johnson, Chairman of the Mayor's Committee on the Handicapped, spoke
concerning the necessity of handicapped accessibility to these Open Air Cafes.
Barry Frankenfield, Resort Planner with the Resort Programs Office
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
ORDINANCES GRANTING FRANCHISE AGREEMENTS/
TO OPERATE OPEN/AIR CAFES
Banana Republic - (Island Republic)
Beach Motel Corporation - t/a Thunderbird
Motor Lodge (35th Street Cafe)
Oceanside Investment Associates - t/a
Holiday Inn Oceanside (Jonah's)
Princess Ann Inn. - t/a Princess Anne Inn
(Mother Kelly's Outside Inn)
Handicapped'facilities shall be provided prior to July 1, 1987, at each of
these establishments.
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
AN ORDINANCE GRANTING A FRANCHTSE TO BANANA
RE'PUBLIC, INC. TO OPERATE AN OPEN
R/ BOARDWALK CAFE' AND AUTHORIZING AND
CTING THE CITY MANAGER TO EXECUTE A
DIRE
FRANCHISE AGREEMENT, SUBJECT TO THE
CONDITIONS CONTAINED AND/OR REFERENCED
THEREIN
WHEREAS, in 1985, the City adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Banana Republic, Inc. applied for, and was granted,
a franchise to operate an open air/boardwalk cafe' at 1904
Atlantic Avenue for the period from May 1, 1986 to April 30,
1987; and
WHEREAS, Banana Republic, Inc. has reapplied to the City
Manager/Resort Programs office for the right to operate the cafe'
from May 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, Banana
Republic, Inc. maintained a successful operation that complied
with all terms a-d conditions of the original Franchise
Agreement; and
WHEREAS, in light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the Office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Banana Republic, Inc.
to operate an open air/boardwalk cafe, at 1904 Atlantic Avenue,
Virginia Beach, Virginia, 23451, from May 1, 1987, to April 30,
1988, and that the City Manager is hereby authorized and directed
to execute a Franchise Agreement with the Franchisee, conditioned
on provision by the Franchisee and acceptance by the City of
liability insurance coverage, a surety bond, the applicable
franchise fee, and on such other conditions as are required by
the afore-mentioned regulations and the Franchise Agreement.
franchise fee, and on such other conditions as are required by
the afore-mentioned regulations and the Franchise Agreement.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of March 1987.
RMB/dga
banana.ord
February 3, 1987
2
AN ORDINANCE GRANTING A FRANCHISE TO BEACH
MOTEL CORPORATION TO OPERATE AN OPEN
3i4z,-@IR/BOARDWALK CAFE' AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE A
FRANCHISE AGREEMENT, SUBJECT TO THE
CONDITIONS CONTAINED AND/OR REFERENCED
THEREIN
WHEREAS, in 1985, the City adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Beach Motel Corporation applied for, and was
granted, a franchise to operate an open air/boardwalk cafe' at
3410 Atlantic Avenue for the period from May 1, 1986 to April 30,
1987; and
WHEREAS, Beach Motel Corporation has reapplied to the City
Manager/Resort Programs office for the right to operate the cafe'
from May 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, Beach
Motel Corporation maintained a successful operation that complied
with all terms and conditions of the original Franchise
Agreement; and
WHEREAS, 4-n light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the Office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Beach Motel
Corporation to operate an open air/boardwalk cafe' at 3410
Atlantic Avenue, Virginia Beach, Virginia, 23451, from May 1,
1987, to April 30, 1988, and that the City Manager is hereby
authorized and directed to execute a Franchise Agreement with the
Franchisee, conditioned on provision by the Franchisee and
acceptance by the City of liability insurance coverage, a surety
bond, the applicable franchise fee, and on such other conditions
as are required by the afore-mentioned regulations and the
Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the city of Virginia Beach,
Virginia, on this 9 day of March 1987.
RMB/dga
beachmotel.ord
February 3, 1987
2
--'-AN ORDINANCE GRANTING A FRANCHISE TO
OCEANSIDE INVESTMENT ASSOCIATES TO OPERATE AN
PEN AIR/BOARDWALK CAFE' AND AUTHORIZING AND
IRECTING THE CITY MANAGER TO EXECUTE A
RANCHISE AGREEMENT, SUBJECT TO THE
ONDITIONS CONTAINED AND/OR REFERENCED
THEREIN
WHEREAS, in 1985, the City adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Oceanside Investment Associates applied for, and
was granted, a franchise to operate an open air/boardwalk cafe'
at 2105 Atlantic Avenue for the period from May 1, 1986 to April
30, 1987; and
WHEREAS, Oceanside Investment Associates has reapplied to
the City Manager/Resort Programs Office for the right to operate
the cafe' from May 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, oceanside
Investment Associates maintained a successful operation that
complied with all terms and conditions of the original Franchise
Agreement; and
WHEREAS, in light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the Office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Oceanside Investment
Associates to operate an open air/boardwalk cafe' at 2105
Atlantic Avenue, Virginia Beach, Virginia, Z3451, from May 1,
1987, to April 30, 1988, and that the City Manager is hereby
authorized and directed to execute a Franchise Agreement with the
Franchisee, conditioned on provision by the Franchisee and
acceptance by the City of liability insurance coverage, a surety
bond, the applicable franchise fee, and on such other conditions
1
as are required by the afore-mentioned regulations and the
Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of March 1987.
RMB/dga
oceanside.ord
February 3, 1987
2
franchise fee, and on such other conditions as are required by
the afore-mentioned regulations and the Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on this 9 day of March 1987.
RMB/dga
princessa.ord
February 3, 1987
2
40 -
Item
CONSENT AGENDA ITEM # 26967
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
ORDINANCES GRANTING FRANCHISE AGREEMENTS/
TO OPERATE OPEN/AIR CAFES
Atlantic Enterprises, Inc. - t/a Oceanfront Inn
(Surfside Cafe)
Barclay Restaurant Corporation - t/a London
Pavillion (Towers Cafe)
Colonial Inn, Inc. - t/a Cary's Restaurant Cafe
Handicapped facilities shall be provided prior to July 1, 1987, at each of
these establishments.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice
Mayor Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker*
Council Members Absent:
None
*Councilwoman Parker ABSTAINED as her company does business with the
aforementioned Concerns.
- ---- -@ ORDINANCE GRANTING A FRANCHISE TO ATLANTIC
E AN OPEN
ENTERPRISES, INC. TO OPERAT
IR/BOARDWALK CAFE' AND AUTHORIZING AND
IRECTING THE CITY MANAGER TO EXECUTE A
CHISE AGREEMENT, SUBJECT TO THE
CONDITIONS CONTAINED AND/OR REFERENCED
THEREIN
WHEREAS, in 1985, the City adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Atlantic Enterprises, Inc. applied for, and was
granted, a franchise to operate an open air/boardwalk cafe' at
2901 Atlantic Avenue for the period from May 1, 1986 to April 30,
1987; and
WHEREAS, Atlantic Enterprises, Inc. has reapplied to the
City Manager/Resort Programs office for the right to operate the
cafe' from may 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, Atlantic
Enterprises, Inc. maintained a successful operation that complied
with all terms and conditions of the original Franchise
Agreement; and
WHEREAS, in light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Atlantic Enterprises,
Inc. to operate an open air/boardwalk cafe- at 2901 Atlantic
Avenue, Virginia Beac@, Virginia, 23451, from May 1, 1987, to
April 30, 1988, and that the City Manager is hereby authorized
and directed to execute a Franchise Agreement with the
Franchisee, conditioned on provision by the Franchisee and
acceptance by the City of liability insurance coverage, a surety
bond, the applicable franchise fee, and on such other conditions
as are required by the afore-mentioned regulations and the
Franchise Agreement.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of March 1987.
RMB/dga
franchise.ord
February 3, 1987
2
AN ORDINANCE GRANTING A FRANCHISE TO BARCLAY
RESTAURANT CORPORATION TO OPERATE AN OPEN
AIR/BOARDWALK CAFE' AND AUTHORIZING AND
IRECTING THE CITY MANAGER TO EXECUTE A
/'CIIY A@'f()'R@NEY
FRANCHISE AGREEMENT, SUBJECT TO THE
CONDITIONS CONTAINED AND/OR REFERENCED
THEREIN
WHEREAS, in 1985, the city adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Barclay Restaurant Corporation applied for, and was
granted, a franchise to operate an open air/boardwalk cafe' at
809 Atlantic Avenue for the period from May 1, 1986 to April 30,
1987; and
WHEREAS, Barclay Restaurant Corporation has reapplied to the
City Manager/Resort Programs office for the right to operate the
cafe' from May 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, Barclay
Restaurant Corporation maintained a successful operation that
complied with all terms and conditions of the original Franchise
Agreement; and
WHEREAS, in light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Barclay Restaurant
Corporation to operate an open air/boardwalk cafe' at 809
Atlantic Avenue, Virginia Beach, Virginia, 23451, from May 1,
1987, to April 30, 1988, and that the City Manager is hereby
authorized and directed to execute a Franchise Agreement with the
Franchisee, conditioned on provision by the Franchisee and
acceptance by the City of liability insurance coverage, a surety
bond, the applicable franchise fee, and on such other conditions
1
as are required by the afore-mentioned regulations and the
Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of March 1987.
RMB/dga
barclay.ord
February 3, 1987
2
AN ORDINANCE GRANTING A FRANCHISE TO COLONIAL
INN, INC. TO OPERATE AN OPEN AIR/BOARDWALK
CAFE' AND AUTHORIZING AND DIRECTING THE CITY
ANAGER TO EXECUTE A FRANCHISE AGREEMENT,
RNEY SUBJECT TO THE CONDITIONS CONTAINED AND/OR
REFERENCED THEREIN
WHEREAS, in 1985, the City adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Colonial Inn, Inc. applied for, and was granted, a
franchise to operate an open air/boardwalk cafe' at 2809 Atlantic
Avenue for the period from May 1, 1986 to April 30, 1987; and
WHEREAS, Colonial Inn, Inc. has reapplied to the City
Manager/Resort Programs office for the right to operate the cafe'
from May 1, 1987 to April 30, 1988; and
WHEREAS, during the term of the initial franchise, Colonial
Inn, Inc. maintained a successful operation that complied with
all terms and conditions of the original Franchise Agreement; and
WHEREAS, in light of their success and compliance, and of
the success and compliance of the other open air cafe'
operations, the office of the City Manager/Resort Programs office
and the Resort Area Advisory Commission are very pleased with the
open air cafe' concept and have indicated their desire to see
that concept continued for the next year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Colonial Inn, Inc. to
operate an open air/boardwalk cafe' at 2809 Atlantic Avenue,
Virginia Beach, Virginia, 23451, from May 1, 1987, to April 30,
1988, and that the City Manager is hereby authorized and directed
to execute a Franchise Agreement with the Franchisee, conditioned
on provision by the Franchisee and acceptance by the City of
liability insurance coverage, a surety bond, the applicable
franchise fee, and on such other conditions as are required by
the afore-mentioned regulations and the Franchise Agreement.
1
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of March , 1987.
RMB/dga
colonial.ord
February 3, 1987
2
- 41 -
Item III-J.2.
CONSENT AGENDA ITEM # 26968
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Application for an EMS permit to Medical Transport,
Inc., pursuant to Section 10.5-2 Code of the City
of Virginia Beach
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
- 42 -
Item III-J.3
CONSENT AGENDA ITEM # 26969
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Cost Participation Agreement between the
City of Virginia Beach and R. J.
Associates One to construct Bishopsgate
Section One Sewer and Water Project.
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
COSr BENEFIR ANALYSIS
-.1. WNM MM P MM
H 5-20
City cost per agreemnt $ 3,699.00
Assmptions:
1. Without participaticn city bave to install 1400- of 8' line to
provide service to adjacent existing subdivision.
2. Installation cost would be $25/ft. and mainteriance cost would be
$399/1000 ft./year.
3. Present value for 30 years of maintenance at 10% is 9.4269.
City cost without agreen-ent:
(14001)($25/ft.) $35,000.00
($399/10001)(1400-)(9.4269) 5,300.00
$40,300.00
City cost savings $36,600,00
1/21/87
COST BENEFL.T ANALYSIS
BISWPSGATE swmCN 1, SEKER COSR PARTICIPATION
City cost per agreement 1,441.75
AssuTptions:
1 . This will provide se@r service to three parcels on Little Neck Road.
Without this participation, the three parcels would use private force
rmins for lengths of 10001 each in public R/Wls. The elimination of
three private force mains is desirable frcln both a Public Utilities
and Public Works standpoint. (one of the three paroels is currently
served by a private force main.)
CJJ:JScJ:mc
1/21/87
EXHIBIT SHOWING BISHOPSGATE SUBDIVISION
AND OFF-SITE BENEFIT AREAS
R-1
ER BENEFIT AREA
R-1
R-'
Ll RTLE
ol,
1,L YlvNH4@EiY,
R'
OFF-SITE S ER
-/,@BENEFIT AREA
R-2
BISHOPSGATE COST PARTICIPATION
AGREEMENTS
SCALE 1".=600'
H5-20
BLM 1/2/87
R@6.
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
86
THIS AGREEMENT, Made this 9th day of December l@
by and between R&J ASSOCIATES ONE herein-
after referred to as "Owner', and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the 'City'.
WHEREAS, Owner is seized in fee simple of Bishopsgate,
Section One and
WHEREAS, owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and ag.rees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for Owner -lo cons-'ruct certain water
facilities; and
WHErE?.S, the Ci@y has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in provid-
ing service to customers other than those v:ithin the Project
limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing bereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
of ($) 3,699.00 after successful completion
of the System and acceptance thereof by the City in,accordance
with the approved plans.
3.. The City shall have the right at any time to make, con-
nect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the City
shall have the right at any time to use the System to serve per-
sons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves,
fittings, and all other facilities, shall be deemed dedicated
to the City of Virginla Beach as of the date of the City's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or joint'ly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against
such claim.
6. This Agre6ment shall inure to the. benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and assigns.
7. upon execution of this Agreement, it shall be recorded
by the City in the Clerk's office of the Circuit Court of the
City of Virginia Beach,, Virginia, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day and year first ibove written.
CITY OF VIRGINIA BEACH, VIRGINIA
y
(City Manager)
DATE
ATTEST:
(SEAL)
City Clerk
B'
&'Xdamt@General Partner
DATE Z,
ATTEST:
(SEAL)
Secretary
APPROVED AS TO CONTENTS:
-BepartMent of Public Utilities
APPROVED AS TO FORM:
C ty A or. 's fflc:-
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Financelt-
STATE OF Virginia
CITY OF Virginia Beach
I, Mary L. Tracy a Notary Public in and for the City and
State aforesaid, do hereby certify that Michael P. Rashkind
General Partner
XA]id respectively,
i5
of R&J Associates One whose name)Ex@ signed to the writing
above, bearing date of 12/9/86 have acknowledged the same
before me in my City and State aforesaid.
86
-Given under my hand this 9th day c)f December l@
My Commission Expires May 12, 1989
Notary @blic
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City
Manager and City Clerk, respectively, of the city of Virginia
Beach, this day of 1985.
Notary Public
my commission ExPires:
3/27/85
mc
CITY OF VIRGINIA BEACii
DEP@ OF PUBLIC URILITIES
COST PARTICIPATION A (SEVER)
8 6
THIS DWe this ' 9 th day of December, 1985(, by and between
R&J Associates Onehereinafter referred to as '@r', @ the CITY OF VIRGINIA
BEAr-H, VIRGINIA, helreinafter ref to as tbe 'City".
owner is seized in fee sinple of Bishopsgate, Section One
and
Owner is desirous of @oving the Project in accordance witb the
ternr. and conditions of the City ordinances and agrees to conform to said ordi-
nances; and
WHEREAS, in order for Owner to provide sew-r service to this Project, it is
necessary for owner to construct certain sew-r facilities; and
WHEREAS, the City has requested that such construction be greater in scope
than iq necessary to provide service to this Project and
@, such constrwtion is of value to the City in providing service to
custan--rs other than those within the Projec-t lin-dts;
NOW, U=FORE, in consideration of the nutual prcmises and benefits accruing
hereto, the parties agree that:
1. owner shall construct a sewer system (hereinafter the "System") according
to plans and specifications approved by the Departn-ent of Public Uti.-lities, a copy
of which is on file with the Departwent.
2. The City sball make cash paymnt to Owner in the amunt of $ 4 4 1 . 7 5
after successful conpletion of the System and acceptance thereof by the City in
accordance witb the approved plans.
3. The City shall have the right at any tine to @, connect, or @t the
comection of any other se@r facility to the System. Any such comection rmy be
at any point, and the City shall bave the right at any tirm to use the System to
persons within and without tbe Project @ts.
4. Upon successful catpletion of the System and acceptance thereof by the
City, hereby agrees tbat the System, including but not l@ted to sewer con-
nections, sewer @, laterals, pipes, and all other facilities, shall be d
dedicated to the City of Virginia Beach as of the date of tbe City's uwitten accept-
ance thereof.
5. @er shall indemify and hold the City ess fran any and all liability
of whatever nature arising out of the design, approval, construction, and/or instal-
lation of the System. In tbe event any clairn is @e a@t the City, either inde-
@ently or jointly with Owner, lessee, or purchaser on account hereof, the Owner
at its sole cost shall defend the City against such clainis.
6. This Agreermnt shall inure to the benefit of and be binding upon the par-
ties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreenent, it sball be recorded by tbe City in the
Clerk's Office of the Circuit Clerk of tbe City of Virginia -Ac,-h, at Owmr's ex-
pense.
-2-
IN WITTMS wim =F, the parties bereto have executed and sealed this
agreement as of the day and y- first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
City Manager
DATE
ATTEST:
(SF-AL)
City Clerk
BY
Froalaetiiu enera artner
DATE December 9, 1986
A7.CEST:
(SEAL)
cretary
APPROVED AS TO S:
Department of @blic Utilities
APPROVED AS TO FOPJJ:
City Attprney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of k'inance @-0
SrATE OF Virginia
CITY OF Virginia Beach
I, Mary L. Tracy a Notary Public in abd for the CLty and
State aforesaid, do hereby certify that Michael P. Rashkind
General Partner
and @id@ and respectively,
is
Of R&J Associates One whose names we signed to the writing
above, bearing date of 12/9/86 have acknowledged the same before me :Ln my City
and State aforesaid.
86
Given under my hand this 9th clay of De c emb e r1,9&X
My Commissiou Expires @iay 12, 1989
el Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACii, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1985.
Notary Public
My Coamission Expires:
- 43 -
Item III-J.4
CONSENT AGENDA ITEM # 26970
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVEID:
Cost Participation Agreement between the City of
Virginia Beach and Alot Corporation to construct
the Southgate Sewpr Project.
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
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREE SEWER
THIS AGREEMENT, Made this /,l day of
19 97 by and between ALC)T CORPORATION hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of atP-
WHEREAS, owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide this Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
1 of 5
NOW, THEREFORE,'in consideration of the mutal promises
and benefits accruing hereto, the parties agree that;
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The city shall make total cash payment to Owner in the
amount of $47,983.00 after successful completion of the System
and acceptance thereof by the City in accordance with the
approved plans. The owner will submit periodic r@isitions for
the quantity of the work completed with payment made by the City
within thirty (30) days after receipt of the requisition. Ten
percent (10%) of the total payment will be withheld until the
system is accepted by the City. Prior to any payment by the
City, all necessary easements and/or right-of-ways must be
dedicated to the City.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
2 of 5
4. Upon successful completion of the system and acceptance
thereof by the City, owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains, and
all other facilities, shal.1 be deemed dedicated to the CitY Of
Virginia Beach as of the date of the City's written acceptance
thereof.
S. owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof, the owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's office of the Circuit Court of the
City of Virginia Beach, Virginia, at the City's expense.
3 of 5
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By city Manager
DATE
ATTEST:
(Seal)
City Clerk
BY
@e.ident AL40T CORPORATION
DATE
ST:
(Seal)
Assistant-Secretary
APPROVED AS TO CONTENTS:
Department of Public Utilities
APPROVED AS TO FORM:
City Attor@y
CERTIFIED AS TO AVAILABILITY OF FUNDS:
A-40
Department of Finance
4 of 5
E OF
OF
it a No @lic in and
for the City and State aforesaid, do heri that
and
.,id,nt and Secretary, respectivelyl ol'
whose names are signed to the writing above, b"ring date of
-have acknowledged the same boforo we in my,--
City.and State aforesaid@
Given under my hand this day of 1987
My Commission Expire
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the
City Clerk, respectively, of the City of Virginia Beach, this
day of 1987.
Notary Public
my Commission Expires:
5 of 5
cosr ANALYSIS
SMM COST PAM=
Sewer
City cost per a t $47,983.00
Assumptims
1. Maintenance of one additicnal pwp staticn for 30
Annual maintenance cost currently $7,896/puTp station
Maintenance cost increase 5.% per year
Tirrie value of money 10% per ye-
2. Participation wi-11 save city t@ maintenance costs for one punp staticn.
City revenue from pro rata punp staticn fees
87.5 gprn at $230/gptn $20,125
Cost savings (naintenance costs)
FV = $7,896 (1+i @l
where n - 30
i - 1-10 -1 4.76%
1.05
$7,896.00 (15.80) = $124,750.00
Total PV of revenue and cost saving
$20,125 + $124,750 $144,875.00
Net savings to the City $96,892,00
(i 12-13)
2/2/87
EXHIBIT p LIK17S AND
OFF-SI7E BENEM ARFA FOR TF
SYSTEM
S'@
EM:nic
J 12-13
1/21/87
sou
OF'F-SITE BEI\--FIT AREA
ANSI OFF@Sn-- BlilE APFA
nne
Gatee?
- 44 -
Item III-J-5
CONSENT AGENDA ITEM # 26971
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Cost Participation Agreement between the City of
Virginia Beach and Oak Bridge Development
Corporation to construct the Oak Bridge Sewer
Project.
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
CITY OF VIRGINIA BEACH
DEPAR OF PUBLIC URILITIES
COST pARTICIpATIoN AG (SEWER)
@IS AGREEmEar, mde this day of T 1986, by and betw-en
Oak Bridge
Develc reinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee sinple of Oak Bridge
Subdivisi6n and
WHEREAS, Cwner is desi-rous of inproving the Project in accordance with the
terrm and conditions of the City ordinances and agrees to conform to said ordi-
nances; and
WHEREAS, n order for owner to provide seuer service to t@ Project, it is
necessary for Owner to constrUCt Cer-tain se@r facilities; and
wHEREAS, the City has requested that such construction be greater in ScOpe
than is necessar-y to provide @ice to this Project and
I*EREAS, such construction is of value to the City in providing ser-vice to
custormrs other than those within the Project limits;
NCW, THEREFORE, in consideration of the mutual pr@ses and benefits accruing
hereto, the parties agree that:
1. Owner shall construct a sewer systern (hereinafter the "System") according
to plans and specifications approved by the Departnent of Public Utilities, a copy
of which is on file with the De nt.
2. The City sha-11 make cash paynr-nt to Owner i-n the aaount of $ 13 285. 00
after successful con-pletion of the System and acceptance thereof by the City in
accordance with the approved plans.
3. The City shall have the right at any t@ to comect, or pe@t the
connection of any other se@r facility to the System. Any such connection uay be
at any point, and the City shall bave the right at any tine to use the Systexn to
persons within and without the ProjeCt l@ts.
4. Upon successfu.1 ccnpletion of the System and acceptance thereof by the
City, Owner hereby agrees that the System, including but not l@ted to sewer con-
nections, sewer mins, laterals, pipes, and all other facilities, shall be deened
dedicated to the City of Virginia Beach as of the date of the City's written accept-
ance thereof.
5. owne-r shall indennify and hold the City ess frcm any and all liabi..lity
of whatever nature arising (jut of the design, approval, construction, and/or instal-
lation of the System. In the event any claim is nade against the City, eitber inde-
pendently or jointly with Owner, Ies@, or purchaser on account hereof, the OW-r
at its S'Ole cost shall defend the City against such clairm.
6. @s Agreerrent shall inure to the benefit of and be binding upon the par-
ties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agre.errent, it shall be recorded by the City in the
Clerk's Office of the Circuit Clerk of the City of Virginia Beach, at Owmr's ex-
pense.
-2-
IN WITNESS wlM=F, the'parties hereto have executed and realed this
agreernent as of the day &nd year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
Ciry Uaaager
DATE
ATrEST:.
(SEAL)
City Clerk
COR@
-Presid
DA
(SEAL)
Secr-.-
APPROVED AS TO MQTENTS:
@pat-@ of @blic Utilities
APPROVED AS TO FORIJ:
City'Attorn2r -
CERTIFIED AS TO AV.AILABDITY OF FUNDS:
Depart@nt of FiDance @-0
-3-
SRATE OF
CITY CF
a Notary Nblic in and for the City -d
State aforesaid, do bereby certify that
and k@(; President and@ cretary, re pectively,
whose names are signed to the writi]39
of C,(.t@
have acknowledged the same before me in mY CitY
above, bearing date of
ana State aforesaid.
Given under my hand this day of 1986.
My,Commissioa Expires
Notary iUDIIC
STATE OF VMGINIA
CITy OF VIRGINIA BEACH, to-wit:
Toe foregoing instrument was acknowledged before me
and Ruth lic)dges Smith, the City Maaager
and City Clerk, respectively. Of the City of Virginia Beach, this
day of 1986.
.t.ry PUbli.
My Coomission Expires:
7R MICKIEWICZ-ROBERTSON
SOCIATES. LM.
ING ENGINEERS
ENGINEER'S ESTIMATE OF CONSTRUCTION COST
EM DESCRIPTION OF WORK UNIT OF QUANTrrY UNIT ITEM
MEASURE PRICE TOTAL
19 ZZ@ 00 4,5b.tic)
i 9 -34 2,5.00 482-5-00
-Te)T,9 L 747S.00
I
4L PC- Ab DEZ 7-o /,I. 7q c-N (o A, F en
,,L-LoEc? MFNAOLF- E.A 200-00 izoo.W
EA 2 2@. oo 1
A N -,F-, @, F 2- 5.0@
L.F l's I 2,S, o3 37 7
F, N /V, A I N NA"'Y E F\. Z's. co -SC). CID
-S i F- --7@
V./V-@ @ti Tc ;TioN o r- z5A W. M, H. 1 3
SHEET
CCSr ANALYSIS
OAK BRDM MAD
SMM OCSR PARMCIPATION
City cost per agr-t $13,285.00
Ass@tions:
1. If the city does not participate, the two parcels would PrObably use
private force mains for 1000' and 4001 in public r/wls. @ would reduce
sewer line fees (city) by 1/2.
2. Without participation, the city would have to install 3401 of sewer with
3 manholes to serve the 2 parcels (under 51% sew-r project).
Additional sewer fees and sewer installation savings-.
1. Loss of city fees for alternate service:
1/2 ($0.14/sq. ft.)(50,000 sq. ft = $ 3,500
2. 3401 8' sewer @ $30/ft. = $10,200
3. 3 manholes @ $1500/ea. = $ 4,500
Total additional fees & future installation = $18,200
Total cost savings to the City = $ 4,915
This does not include the benefit of the el@ation of two private force
mains along London Bridge Road, which are undesirable fran both a Public
Uti.lities and Public Works standpc)int.
JSW:m
1/23/87
EXHIBIT SHOWING OAK BRIDGE
AG-1 SUBDIVISION AND OFF-SITE BENEFIT AREA
OFF-SITE BENE
(AK BRMZ
PD-.H2
OFF-SITE BENEFIT AREA (R- 8)
-K- t)
R-3'
OAK BRIDGE SEWER
COST PARTICIPATION AGREEMENT
SCALE 1"=400'
Kll-4
BLM 1/21/87
- 45 -
Item III-J.6.a/b/c-
CONSENT AGENDA ITEM # 26972
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinances to authorize the acquisition of real
property, easements, either by agreement or by
condemnation:
Cavalier Park/North Linkhorn Park
water and sewer projects CIPS 5-967
and 6-928.
Bay Colony Sewer Project CIP 6-934.
Broad Bay Colony Sewer Project CIP 6-
935.
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
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERN, EASA=S, EITHER BY AGRE
OR BY CONDEMNATION, FOR CAVALIER PARK/N. LINKHORN PARK WATER AND SEWER PROJECT
CTPS 5-967 & 6-928
BE IT ORDATNED BY THE COUNCTL OF THE CITY OF VTRGTNTA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this important project and for
public purposes for the preservation of the safety, health, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THF COLJNCTL OF THE CITY OF VIRGINIA
BEACH, VTRGTNTA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation, pursuant to ql5.l-236 et seq. q25-46.1
et seq. , Code of Virginia of 1950, as ainended, all the real property, permanent
easernents, temporary construction easements as needed, in fee simple, as shown
on that plan entitled: "Proposed Construction of Cavalier Park/N. Linkhorn
Park Water & Sewer Projects, CTPs 5-957 & 6-928, O'Brien & Gere, Engineers,
Landover, Maryland", these plans to be filed in the Department of Fublic
Utilities, Municipal Center, City of Virginia Beach, Virginia.
Section 2. The City AttoTney 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 owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to institute proceed-
ings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
day of March 1 19 87
APPROVED AS TO CO.NTENTS
'i 7
@ATURE
DEPAPT
.Pt,ENT
APPROVED AS TO FORM
RL
CITY
AN ORDINANCE T'O AUTHORIZE THE ACQUISITION
OF RFAL PROPERTY, EAS S, ETTHER BY AGRE
OR 13Y CONDEMATION, FK)R BAY COLONY SEWER PROJECT
cip 6-934
BE IT ORDA@D BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this important project and for
public purposes for the preservatiori of the safety, health, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGTNTA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemation, pursuant to @15.1-236 et seq. $25-46.1
et seq. , Code of Virginia of 1950, as amended, all the real property, pe@nent
easements, temporary construction easements as needed, in fee simple, as shown
on that plan entitled: "Proposed Construction of Bay Colony Sewer Project,
CTP 6-934, Wiley and Wilson, Engineers, Lynchburg, Virginia", these plans to
be filed in the Department of Public Utilities, Municipal Center, City of
Virginia Beach, Virginia.
Section 2. 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 owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to institute proceed-
ings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
day of March 1 1987
APPROVED AS TO CONTENTS
@ 7
APPROVED AS TO FORM
C,,y .111@INIY
AN ORDTNANCE TO AUTHORIZE THE ACQUTSTTION
OF FEAL PROPERRY, EASEMENTS, EITHER BY AG
OR BY CONDEMNATTON, FOR BROAD BAY COLONY SEWER PROJECT
CIP 6-935
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this important project and for
public purposes for the preservation of the safety, heajth, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach;
NOW, FORE, BE TT ORDAINED BY THF COUNCTL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or cond=ation, pursuant to @15.1-236 et seq. 1925-46.1
et seq. , Code of Virginia of 1950, as amended, all the real property, pe@ent
easements, temporary construction easements as needed, in fee simple, as shown
on that plan entitled: "Proposed Construction of Broad Bay Colony Sewer Pro-
ject, CTP 6-935, Buck, Seifert & Jost, Engineers, Virginia Beach, Virginia",
these plans to be filed in the Department of Public Utilities, Municipal
Center, City of Virginia Beach, Virginia.
Section 2. 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 fmds are
available, a reasonable offer to owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to institute proceed-
ings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9th
day of March , 19 87
APPROVED AS TO CONTENTS
f7
SIGNATURE
DEPARFIIAENT
APPROVE-D AS TO FORM
u
CitrA FFCIW@'Y
- 46 -
Item III-J.7
CONSENT AGENDA ITEM # 26973
Cheryl Foster Johnson, Director of Pendleton Child Service Center, advised the
current phone system could not be expanded to offer any more extensions.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED upon FIRST RFADING:
Ordinance upon 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 Heischboer requested consultation between Councilman Balko and the
City's telephone expert concerning these funds prior to the SECOND READING.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress
AN ORDINANCE TO APPROPRIATE FUNDS IN THE
AMOUNT OF $19,000 FROM PENDLETON'S UNRESERVED
FUND BALANCE FOR ADDITIONAL CONSTRUCTION
COSTS AND PURCHASE OF A PHONE SYSTEM IN
CONJUNCTION WITH THE ORNSTEIN HOUSE
TCI.Y A-1 TO.@,NEY
WHERF-AS, 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
BEACH, 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 Child Service Center.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1986.
First Reading: March 9, 1987
Second Reading:
- 47 -
Item III-J.8
CONSENT AGENDA ITEM # 26974
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST 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:
None
Council Members Absent:
Mayor Robert G. Jones
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 tbe 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
BF-ACH, VIRGINIA tbat 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.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1987.
FIRST READING: March 9, 1987
SECOND READING:
KAR/I ORD27
- 48 -
Item III-J.9
CONSENT AGENDA ITEM # 26975
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $20,000 within Emergency
Medical Services' operating budget for the purchase
of a new ambulance for the Chesapeake Beach
Volunteer Rescue Squad.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, 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
48a -
i'@ TO COTITE@NT
SIC! I @J,@E
AN ORDINANCE TO TRANSFER $20,000
WITHIN EMERGENCY MEDICAL SERVICES'
OPERATING BUDGET FOR THE PURCHASE
OF A NEW AMBULANCE
WHERF-AS, the City of Virginia Beach is supportive of emergency medical
treatment to its citizens through the efforts of the Volunteer Rescue Squads, and
WHEREAS, funds in the amount of $20,000 have been approved and ap-
propriated into the Motor Vehicles and Equipment account for the purchase of a
new ambulance for the Chesapeake Beach Volunteer Rescue Squad, and
WHEREAS, in order to provide payment for the ambulance which was
ordered by the Chesapeake Beach Volunteer Rescue Squad, and not the City, and
WHEREAS, these funds cannot be expended directly from a City account to
the vendor.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA, that funds totalling $20,000 be transferred within Emergency
Medical Services' operating budget from Motor Vehicles and Equipment to Contribu-
tions to Volunteer Rescue Squads for payment of a new ambulance.
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
9th day of March 1987.
R/1 ORD28
- 49 -
Item III-J.10
CONSENT AGENDA ITEM # 26976
Jim Harris, Staff Architect for Virginia Beach City Public Schools, responded
to City Council inquiries.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of March 16, 1987:
Ordinance to transfer $630,000 of additional
appropriations to project #1-917 Birdneck
Elementary School to cover unanticipated
construction costs.
This DEFERRAL will enable Carlton Bowyer, Assistant Superintendent for
Schools, to respond to Council concerns.
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
"Verbal Aye
- 50 -
Item III-J.11
CONSENT AGENDA ITEM # 26977
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the rights-of-way of Atlantic
Avenue and 26th Street to William Nick and Walter
R. Wright, their heirs, assigns and successors in
title.
The following conditions shail be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
6. Owner agrees that encroachment will extend no more
than two feet into the public rights-of-way and
will be no more than six feet in height beginning
at least eight feet above the existing grade. It
is also agreed that the awning will be constructed
of vinyl material and will only be backlighted and
that no sign of any description will be allowed
mounted or printed onto its surface.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentresst
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
APP'r,OV@D IS T@- 50a -
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHTS-OF-WAY OF ATLANTIC
7 AVENUE AND 26TH STREET TO
8 WILLIAM NICK WRIGHT AND
9 WALTER R. WRIGHT, THEIR
10 HEIRS, ASSIGNS AND
11 SUCCESSORS IN TITLE
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, William Nick Wright and Walter R. Wright, their heirs,
18 assigns and successors in title are authorized to construct and
19 maintain a temporary encroachment into the rights-of-way of
20 Atlantic Avenue and 26th Street.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining an awning
23 overhang and that said encroachment shall be constructed and
24 maintained in accordance with the City of Virginia Beach Public
25 Works Department's specifications as to size, aligranent and
26 location, and further that such temporary encroachment is more
27 particularly described as follows:
28
29 An area of encroachment into a
30 portion of the City's rights-of-way
31 known as Atlantic Avenue and 26th
32 Street, on the certain plat
33 entitled: "PHYSICAL SURVEY OF:
34 LOTS 1, 2, 3, 4, 5, WESTERN 71 OF
35 LOT 8 & EASTERN 40.51 OF LOT 9
36 BLOCK 64, PROPERTY OF VIRGINIA
37 BEACH DEVELOPMENT CO., VIRGINIA
38 BEACH, VA. FOR: ROUSE INTERPRISES
39 INC.," a copy of which is on file
40 in the Department of Public Works
41 and to which reference is made for
42 a more particular description.
43
44 PROVIDED, HOWEVER, that the temporary encroachment
45 herein authorized shall terminate upon notice by the City of
46 Virginia Beach to William Nick Wright and Walter R. Wright, their
47 heirs, assigns, and successors in title and that within thirty
48 (30) days after such notice is given, said encroachment shall be
49 removed from the City's rights-of-way of Atlantic Avenue and 26th
50 Street, and that William Nick wright and Walter R. Wright, their
51 heirs, assigns and successors in title shall bear all costs and
52 expenses of such removal.
53 AND, PROVIDED FURTHER, that it is expressly understood
54 and agreed that William Nick Wright and Walter R. Wright, their
55 heirs, assigns and successors in title shall indemnify and hold
56 harmless the City of Virginia Beach, its agents and employees
57 from and against all claims, damages, losses and expenses
58 including reasonable attorney's fees in case it shall be
59 necessary to file or defend an action arising out of the location
60 or existence of such encroachment.
61 AND, PROVIDED FURTHER, that this ordinance shall not be
62 in effect until such time that William Nick Wright and Walter R.
63 Wright execute an agreement with the City of Virginia Beach
64 encompassing the afore-mentioned provisions.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 9 day of March 19 87
67
68
69 CLL/tap
7 0 01/23 /87
71 CA-87-02131
72 (encroach\daly.ord)
DEPARTMENT
APPROVED AS TO
LEGAL SUFFICIENCY
4, s@
2
Itil'i lb TO CERTIFY THAT i. ON b.UN Vcy k. 0
THE PROPERTY BHOWN ON THI$ PLAT AN[) THAT THE TITLE LINES AND THE WALLF. OF THE
GUILDINGS ARE AS SHOWN ON THIS PLAT
THI IBUILDINGS STANO STRICTLY WITHIN THE TITLE LINL:S ANO THERr6 ARE NO
INCROACHMCNTS OF OTHER BUILDINGS ON THRL PROPERT.Y, EXCEPT As SHOWN.
Sir.NE:D,
4-@ @6)
Li
0
y
(I 11
CD
C,9,JCOO Y'
0,5
r
4CO'
4
PHYSICAL SURVEY
OF:
LOTS 1, 2, 3, 4. 5. WEqT]-'RN 7' OF
I,OT ii & LASTLij4 40. ' of.' Lr)T 9
(,4, PROPER-TY 01-' VILiGIt"t.A
I)EACti ULVLLOPi@ti7L- CO., VlitGINIA B" ki.V.'i.
0 R:
4-@ I(OUSE INTERPRISES INC.
liAl'iOI-D C. WARREN. JR
CE.T.I.If' L.N. U"FIVi@0.
,oAv-
Illl,,Ill. L@IALI. @A 11@5-,
Of.CL)RClu
P.
R-1
Rl-
W6
t4
C-1
A-4
A-1
A-1
Al A-
A I A-1
A-2
A-1
A-
A-2
- 51 -
Item III-J.12
CONSENT AGENDA ITEM # 26978
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Donald E. Perry for the closure of a portion of
Baker Road (Bayside Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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
51a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Donald E. Perry has given due and proper notice, in
accordance with the statutes for such cases made and provided that he
will on the 9th day of Nlarch, 1987, apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of Viewers to view
the below-described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what incon-
venience would result from the discontinuance of the hereinafter
described portion of that certain stree of approximately 60 feet, more
or less, in width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr. Robert Scott
and David Grochmal are hereby appointed to view the
below-described property and report in writing to the Council on or
before 1 1987, whether in their opinion, any, and
if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of approximately 60 feet,
more or less in width, located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
ALL THAT certain piece or parcel of land, lying,
situate and being in the Bayside Borough of the City
of Virginia Beach, Virginia, and described as:
The cul-de-sac at the northern terminus of Baker Road
in the Airport Industrial Park as shown on that cer-
tain plat entitled "Street Dedication Plat of of Part
of Parcel B Subdivision Four Samuel G. Jones, Jr. NIB
92 p. 53" dated September 5, 1984 and recorded in the
Circuit Court Clerk's Office in Deed Book 2374 at
page 1824.
It being the same property conveyed to Donald E.
Perry, homme sole, by deed from Douglas Call, Jr. and
Edwina V. Call dated December 30, 1986 and recorded
in Deed Book 2583 at page 1863.
All of the above as shown on the plat showing the proposed
closed portion of said Baker Road at its northern terminus, north of
Thurston Avenue in the Airport Industrial Park, in the City of Virginia
Beach, Virginia, which plat is on file in the Planning Department and
City Attorneys Office of the City of Virginia Beach, Virginia.
RJN/7033.5.C
ADOPTED: March 9, 1987
-2-
- 52 -
Item III-J-13.b.c.
CONSENT AGENDA ITEM # 26979
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
RAFFLE PERMITS
Bayside Jr. High School Band Parents Association
Zeta Kappa Chapter of Beta Sigma Phi
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
- 53 -
Item III-J-13.a
CONSENT AGENDA ITEM # 26980
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
RAFFLE PERMITS
Bayside Auxiliary/Humana Hospital
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Councilwoman Reba S. McClanan"
Council Members Absent:
Mayor Robert G. Jones
"Councilwoman McClanan ABSTAINED as she is a MEMBER of the BOARD of BAYSIDE
HOSPITAL.
- 54 -
Item III-J.14
CONSENT AGENDA ITEM # 26981
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Ordinance authorizing SPECIAL TAX refunds upon
application of certain persons and upon
certification of the Commissioner of the Revenue in
the amount of $224.22.
Vot@-ng: 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
FO@M NO. C@A, 8 REV. &M
AN ORDINANCE AUTHORIZING REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Spec@a
.,@ax
That the following applicaffons Wrefunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
William Miller, President 224.22 224.22
The Grape and Grain Company
T/A The Grape and Grain
P.O. Box 5325
Virginia Beach, VA 23455
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Apprgved as to for
4//44Z.* @f7
/// D@ie-Bimson
This ordinance shall be effective from date of /City Attorney
adoption,
The above abatement(s) totaling $ 2 2 4 . 2 2 were approved by the Council
of the City of Virginia Beach on the 9 day of March 19 87
Ruth Hodges Smith
City Clerk
5 5
Item III-J-15
CONSENT AGENDA ITEM # 26982
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Ordinance Authorizing License Refunds in the amount
of $2,015.63 upon application of certain persons
and upon certification of the Commissioner of the
Revenue
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
FOR. @0. C@A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Bonney Road Associates
4536 Bonney Road
Va. Beach, VA 23462 1985/86 Audit 318.15 318.15
Bose, Inc.
c/o Ms. Karen A. LeBlanc, MS#51
100 Mountain Road
Framingham, MA 01701 1986 Audit 208.62 208.62
Clements, C. C. & J. S., Ph. D.
T/A Chariot Psychological Services
114-74th St. (P. 0. Box 1189)
Va. Beach, VA 23451 1985/86 Audit 219.81 219.81
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 7 4 6 . 5 8 were approved by the Council
of the City of Virginia Beach on the 9 day of March 1 9 L7_
Ruth Hodges Smith
City Clerk
FORM @0. C,A, 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OFTHE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Mister Jim's Jumbo Sub Sandwich, Inc.
1514 Spring Meadow Blvd.
Norfolk, VA 23518 1986 Audit 137.93 137.93
Pierson, Leonard W.
2132 St. Marshall Drive
Va. Beach, VA 23454 1985 Audit 237.49 237.49
Stalcup, Horace A.
T/A All Weather Htg. & Cooling
217 E. Little Creek Rd.
Norfolk, VA 23505 1986 Audit 165.44 165.44
stebbins Lawn & Equip., Inc.
3732 Donnawood Drive
Va. Beach, VA 23452 1986 Audit 728.19 728.19
Certified as to Payment:
@obert P. Vaughan@
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $1,269.05 were approved by the Council
March 87
of the City of Virginia Beach on the 9 day of '19 -
Ruth Hodges Smith
City Clerk
- 56 -
Item III-J.16
CONSENT AGENDA ITEM # 26983
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Ordinance authorizing Tax Refunds in the amount of
$9,063.88 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 G. Jones
40@ C.A. 7 2/23/87 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:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
tual Federal S & L 84 RE(1/2) 84449-2 12/5/83 20. 72
tual Federal S & L 84 RE(2/2) 84448-2 6/5/84 20. 72
tual Federal S & L 85 RE(1/2) 8951 6-8 12/5/84 20. 72
tual Federal S & L 85 RE(2/2) 8951 6-8 6/5/85 20. 72
tual Federal S & L 86 RE(1/2) 96425-2 12/5/85 33. 65
tual Federal S & L 86 RE(2/2) 9642 5-2 6/5/86 33. 65
atewide S & L 87 RE(1/2) 31264-6 11/17/86 140.05
chael Levinson 87 RE(1/2) 106404-3 10/29/86 42.56
oyles & Geroe 84 RE(2/2) 37330-2 8/21/85 22.24
oyles & Geroe 85 RE(1/2) 40115-6 8/21/85 42.45
oyles & Geroe 85 RE(2/2) 40115-6 8/21/85 40.55
thleen B Grier 85 RE(1/2) 36541-8 11/14/84 316.00
thleen B Grier 85 RE(2/2) 36541-8 6/1/85 316.00
cille P Runnells 87 RE(1/2) 90686-6 11/17/86 90.27
sephine A Mulhearn 87 Dog V12389 1/20/87 5.00
nny B Cummings N/A Pkng 118255 12/23/86 10.00
mer Cummings N/A Pkng 109035 12/23/87 10.00
rrance J Clea@,/ 85 pp 30108-5 50711 1/28/87 161.85
lliam J Neaton 86 pp 215627-2 12/22/86 3.45
chard R Lodge 86 pp 99712-7 1/14/87 14.F@8
chard R Lodge 86 pp 99713-6 1/14/87 32.46
chard R Lodge 86 pp 99714-5 1/14/87 29.14
cholas A Riggio 86 pp 136312-1 1/2/87 26.47
3rles N Pierce 86 pp 218669-5 50395 12/31/86 16.00
4alder & J Moore 85 pp 215827-1 50436 12/5/85 354.72
4alder & J Moore 86 pp 230298-9 50437 12/3/86 333.00
@ra L Roberts 86 pp 221237-2 50490 11/19/86 101.28
ifford P Burton 86 pp 188387-1 50447 5/6/86 444.78
nie Harrell 86 pp 70942-0 50290 1/2/87 196.63
nes W McCandlish 86 pp 212191-5 50465 12/24/86 16.13
,qard M & Teri Walos 86 pp 168873-5 50393 6/5/86 281.34
,)rence D Slifer 86 pp 149020-7 50423 6/5/86 376.50
tricia B Jaudon 86 pp 83668-5 50439 6/5/86 271.56
fles Bateman Sr 85 pp 180735-8 50710 1/23/86 86.10
in R Perucci 83 pp 111128-1 2/12/87 25.00
Dert S Schultz 86 pp 143913-0 50182 8/28/86 62.77
aine M Sharrow 86 pp 146056-0 50556 9/8/86 104.73
vin M McC]enny 85 pp 104063-1 50555 10/2/85 99.87
lise M Dinardo 86 pp 194101-4 50620 12/16/86 103.85
iuda Mizrachi 86 pp 214216-2 50657 1/30/87 83.23
qis M Dibbs 86 pp 193940-1 50659 1/14/87 33.81
Total 4,444.55
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 o@VirAnia
ar 1987
Beach on the-9-day of
John T. Atk
App/oved as to
Ruth Hodges Smith
City Clerk
r,,@ n, City Attorney
!M NO. C.A. 7 2/23/87 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:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Michael C& Sharon Vogt 84 RE(6mo) 99536-4 6/5/84 14.62
Michael C& Sharon Vogt 85 RE(1/2) 94295-5 12/5/84 15.50
Michael C& Sharon Vogt 85 RE(2/2) 94295-5 5/9/85 15.50
Michael C& Sharon Vogt 86 RE(1/2) 101483-9 1/31/86 17.32
Michael C& Sharon Vogt 86 RE(2/2) 101483-9 6/5/86 15.50
Frederick A & Norma Moss 87 RE(1/2) 33023-0 11/13/86 89.21
Charles &Rosa Futrell 87 RE(1/2) 35799-7 11/7/86 147.33
United Virginia Mortgage Co 87 RE(1/2) 14026-7 12/1/86 14.50
United Virginia Mortgage Co 87 RE(1/2) 23505-8 12/1/86 14.50
United Virginia Mortgage Co 87 RE(1/2) 98567-5 12/1/86 14.50
Fred A & Carolyn McCall 87 RE(1/2) 33018-7 11/26/86 76.44
Fred A & Carolyn McCall 87 RE(1/2) 33021-2 11/26/86 89.23
Helen M Puglisi 87 RE(1/2) 85201-4 12/5/86 106.89
Lincoln Service Corp 87 RE(1/2) 69927-1 11/17/86 14.50
Ellis & Ingeborg Holloway 87 RE(1/2) 47386-1 11/20/86 22.36
Ellis & Ingeborg Holloway 87 RE(2/2) 47386-1 11/20/86 22.36
Doskie 0 Chapman 87 RE(1/2) 18170-2 12/5/86 202.14
Carolyn W Miller 87 RE(1/2) 68908-6 12/5/86 168.02
E Strelitz & R Roistacher 87 RE(1/2) 100749-0 11/17/86 97.88
Colonial Federal S & L 87 RE(1/2) 44052-1 12/2/86 89.23
Weaver Bros Inc 87 RE(1/2) 8579-0 12/5/86 399.95
Washington Federal 87 RE(1/2) 19414-6 11/21/86 99.87
Tidewater Realty & Security 87 RE(1/2) 33019-6 12/5/86 89.75
Robert J & Melanie Leketa 87 RE(1/2) 59772-8 12/23/86 22.16
W Cecil Carpenter 87 RE(1/2) 6852-2 12/5/86 105.00
Levy W & Mildred Whitehurst 87 RE(1/2) 111474-8 11/20/86 544.73
Samuel D Tankard III 87 RE(1/2) 102602-2 11/21/86 14.50
A G & Susan H Alexander 87 RE(1/2) 90687-7 12/5/86 89.75
A G Alexander 87 RE(1/2) 90695-7 2/5/86 89.75
Stephen N Smith 87 RE(1/2) 97331-2 11/17/86 97.88
Atlantic Permanent Federal 87 RE(1/2) 102791-3 12/5/86 14.50
McGuire Woods & Battle 87 RE(1/2) 90694-8 11/19/86 89.23
McGuire Woods & Battle 87 RE(1/2) 90679-7 11/19/86 76.44
Richard G Ornstein 87 RE(1/2) 79259-8 1/13/87 79.75
Joseph E & Joan Nusbaum 87 RE(2/2) 77863-0 12/5/86 332.52
Athens Tidewater In'c 87 RE(1/2) 3420-2 11/21/86 20.00
@Ilt 87 RE(1/2) 35859-4 12/5/86 207.91
William F Hudgins Ill 87 RE(2/2) 48702-6 12/1/86 116.86
Bruce G Murphy 87 RE(1/2) 90678-8 11/4/86 89.23
Guy Cromwell Betz & Lustig 87 RE(1/2) 49862-0 10/31/86 792.00
Total 34,743.@
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council e City o inia
Beach on th day of , 1 . &
Of fMV. !.rgh 987 4
John T. Atkin
Approv 94. as to
Ruth Hodges Smith
City Clerk
rney
- 57 -
Item III-K.1.2.3.
APPOIN@TS ITEM # 26984
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT AUTHORITY
OGF,AN LAKES FACT FINDING COMMITTEE
WETLANDS BOARD
- 58 -
Item III-L.1
UNFINISHED BUSINESS ITEM # 26985
Jerald D. Banagan, Real Estate Assessor, presented information relative Fiscal
1988 REAL ESTATE ASSESSMENTS.
Through appreciation of existing properties and the growth attributable to new
construction and land subdivision, the real estate tax base increased 13.5% or
$1.5 BILLION, during the 12 month period which began January, 1986. The
projected 1988 Assessment Roll is $13,347,000,000, which will generate
$118,388,000 at the approved 1988 real estate tax rate of $.887 per $100 for
assessed value. Each penny of the tax relates to $1,335,000 in revenue.
The typical asessment increase for individual properties is 5%. A range of 3%
to 10% more appropriately describes the diversity of assessment increases
throughout the City. Approximately one-fourth of the properties did not receive
an increase in assessment.
Residential and agricultural properties comprise 73.8% of the tax base with
commercial, industrial and apartment properties constituting 26.2% of the tax
base.
Information concerning Real Estate Assessments is hereby made a part of the
record.
Addendum reflecting 0% and 10% neighborhod increased asessments was received
on March 12, 1987 and is hereby made a part of the record.
- 59 -
Item III-M.l.
NEW BUSINESS ITEM # 26986
INTERIM FINANCIAL STATEMENTS for the period July 1, 1986 through JanuarY 31,
1987 were distributed to City Council and are hereby made a part of the record.
- 6o -
Item III-M.2.
NEW BUSINESS ITEM # 26987
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution Ratifying and Confirming Legal Work done
and further Legal Work to be done on behalf of the
City of Virginia Beach with respect to the Lake
Gaston Project. (MAYS, VALENTINE, DAVENPORT &
MOORE)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
Mayor Robert G. Jones and Reba S. McClanan
Council Members Absent:
None
60a
1 A RESOLUTION RATIFYING AND CONFIRMING
2 LEGAL WORK DONE AND FUTURE LEGAL WORK
3 TO BE DONE ON BEHALF OF THE CITY OF
4 VIRGINIA BEACH WITH RESPECT TO THE
5 LAKE GASTON PROJECT
6
7
8 WHEREAS, the City of Virginia Beach, Virginia, is
9 currently involved in litigation with respect to the validity of
10 the permit issued to it by the Army Corps of Engineers enabling
11 the city to build the Lake Gaston pipeline; and
12 WHEREAS, the City is being represented in that litiga-
13 tion by the law firm of mays, valentine; and
14 WHEREAS, the city Council of the City of Virginia Beach
15 firmly believes that Mays, Valentine has represented the City's
16 interests in this lawsuit to the best of its ability; and
17 WHEREAS, the City Council of the City of Virginia Beach
18 wishes to commend Mays, Valentine for the job it has dolie So far
19 and to urge Mays, Valentine to continue to represent the
20 interests of the City to the best of its ability;
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
22 THE CITY OF VIRGINIA BEACA, VIRGINIA:
23 1. That the prior actions of mays, Valentine in repre-
24 senting the City in the above-referenced litigation, as well as
25 all bills sent to the City for said representation, are hereby
@6 ratified and confirmed.
27 2. That Mays, Valentine is hereby authorized,
28 directed, and empowered to proceed with the litigation referenced
29 above in a way so as to best protect the interest of the City.
30 Adopted by the City Council of the City of Virginia
31 Beach, virginia, on this 9 day of March 1987.
32
33 KJC/cb
34 2/20/87
35 GASTON.RES
Item III-N.1
ADJOURNMENT ITEM 26988
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 8:10 P.M.
B., l
Chief Deputy City Clerk
F(uth llodg& Smith, CMC
City Clerk
City of Virginia Beach
Virginia