DECEMBER 22, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. ]ONES, Al L,,,
VICE MAYOR MEYFRA E. OBERNDORF, Al
ALBERT W. BA@0, L,@@h.,@ B-.,h
JOHN A BAUM, B,@.,h
ROBERT E FENTPESS, V,,i@i@ B,@,h B,@,h
HAROW HEIS(,HOBER, A@ L,,g,
BAR,BARA M HEN@Y, P@,g, @@.gh
REBA S. M@@NAN, Pi ... @ A@@, B,@,h
JOHN D MOSS, K,@,@iii, @@,h
NANCY K. PARKER, Al L,,,, vi cm
JOHN L PERRY, B,,i@ @@.,h
281 CITY HALL BUILDING
MUNICIPAL CENTER
RUTH HODGES SMITII, C@KIC. Cil, Ci-k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202
(804) 427 4303
22, 1986
ITEM I. COTNCIL SESSICO: - Confererice 3:30 PM
A. Crff OOUNCIL
I@ ii. SESSICN: - @ererice 4:00 PM
A. CMZ TO OMER MELyor Pobert G. Jcnes
B. CATL OF @CIL
C. 'S BRIEFINGS
1. FY 1987@ BUDGET "TraOs and Issues"
2. Child DeveloFment Study
D. MDTIOL4 TO RB= INRO EXECURIVE SESSION
E. ICK il Chambers - 6:45 PM
National Drunk and Drugged Driving Awareness @ek
Dec@er 14-20, 1986
ITEM III. SESSICN: i]. Chambers - 7:00 PM
A. INVOCATICU: Reverend C. Arthur Knaver
P@roke Manor United Church of Owist
B. CF ALLIDGIANM TO THE FLAG (F THE UNITED S9ATES CF @ICA
C. ELECTRCNIC F4m.T- CALL OF CITY CANCIL
D. ADOPrIC[q OF ITEMS FOR THE FO@ AGENDA
E.
1. INF@ & SESSIONS: December 15, 1986
F.
1.
a. TICN of the application of Steven H. Davidson for a
Cbnditional Use Permit for a ly dwellixig in the AG-1
Agricultural istrict cn a 1= Zel located cn the east
side of Princess Anne lbad, south of Pango Ferry Foad, approved
Octcber 14, 1985, with a condition for road reservation (Pungo
Borough).
This item was EEFERRED Nov 17, 1986.
RecaTmendation: NONE
b. ;pplication of Buyrn Farm Associates, a Virginia General
Partnership for a Cbriditional Use Pennit for open space pr-tion
on certain pmperty located cn the north side ot Hollarid Poad,
310 feet more or less east of Delft Drive, containing 37,868
acres (Princess Anne Borough).
Rec ation:
c. @lication of Virginia Beacb S.P.C.A., a Virginia Nc)n-Stock
(brporation for a Cbnditional Use Pennit for an an@ hospital,
pound, shelter and kennel on certain proper-ty located cn the east
side of Holland Ibad, 650 feet south of Laridstown Foad,
containing 2.5 acres (Princess Ame Borough).
Pec ation: APP@
d. Ppplication of Great Neck Village Associates, A General
Partnership for a Change of Zoning fran B-2 Camunity-Business
District to A-2 @tment District on certain property located
710 feet east of Nc)rth Great Neck lbad beginning at a point 600
feet south of @ll Dam Foad as sham on the plat entitled
"Subdivision of Property for Great Neck Village @pping Center",
containing 5.097 acres (Lynnhaven Borough).
This item was DEFERRED February 10, 1986 and 24, 1986.
Ree ation: APP
e. Application of Uw Breeden s for ges f 7oning
.@f u Milit
certain properties located on the @st @ th litary
Highway, 1100 feet north of Indian River lbad (Ilempsvi..Ile
Borough):
Frcm B-1 Business-Residential District to A-2 Apartinent District
(12.963 acres);
AND,
Frcrn B-2 ity-Business District to A-2 Apartnent District (5
acre ).
This item was MYERRED BACK to the G CCMMISSION Dec@
9, 1986, to be EXPEDITED to the City (buncil Dec@er 22, 1986.
Reccnynendation: APPROVAL
f. Application of Michael R. @iola II arid/or Assigns for a @e
of Zc)ning fr-crn R-8 Residential District to A-2 Apartment District
on the south side of 12th Street on Lcrts 1-6, Block 121, Block
122, Parcels 1 and 2, Lake@, containing 2.25 acres (Virginia
Beach Borough).
Reccmendation: DENIAL
g. Application of R. Larry for a Change of 7oning frcm R-6
Residential District to B-2 Ccmnunity@Business District on @e
south side of @im River Foad, BDO feet more or less east of
KEmpsville Fbad (5213 Indian River lbad), containing 14.8 acres
(1@ville Borough).
'Ihis item was DEFERRED Ncyv@er 24, 1986.
Reccmendation:
G. ICN/ORD
1. Fesolution consenting to the transfer of assets, including the Cable
Television Franchise, fran Cox Cable Virginia Beach, Inc. to @ C=
Cable Virginia Beach, Inc., conditioned on the continued and
uninterrupted ccrnpliance by New Cox Cable V@inia Beach, Inc. with
tbe terms and conditions of the existing Etanchi-se AgreEment.
2. Ordinance to transfer $3,500 frcrn reserve for contingencies for
@ster Seal Fire Detector Check.
3. Ordinance to amend and reordain Section 37-7.1 of the Code of the
City of Virginia Beach, Virginia, pertaining to Water Re
Recavery Fees generally.
H. 0ONSE2u
All matters listed under the Cbnsent Agenda are considered in the
ordinary oourse of business by City CDumil and will be enacted by one
in the fonn listed. If an item is rEMCYVed frcm the Cbnsent
Agenda, it will be discussed and voted upon separately.
1. C)rdinance to AMEND alnd RECRDAIN Section 12-3 of the Code of t@ City
of Virginia Beach, Virginia, pertaining to Open Buming Generally
ited.
2. Ordinance upon SWM READING to appropriate $1,000,000 for the
acquisition of approximately thirty-eight (38) acres of property
adjacent to the @cipal Center and aLTthorize the Ci-ty manager to
enter into an agreement to finance the pur-chase of the property along
with other property approved for purchase on July 7, 1986.
3. Ordinance upon @ READ@ to appropriate $73,076 for additimal
per and @t within the Sheriff's Department.
4. Ord-inarice upon READING to accept and appropriate $142,771 and
to transfer $27,809 for a low day care assistance pilot
progr--
5. Crdinance upon FIRST READING to appropriate to the Davis Fire
Department and Rescue Squad, Inc. and amount of $30,000 for a
ambulance.
6. ODst Participation Agreement bet@en the City and ihe Christian
Broadcasting Network, Inc. to construct a @ter system on parcels
fronting on Gentervi-Ile @npike and authorizing the payment of
$23,394.16.
7. Ordinance to authorize acquisition of property in Fee Sinple for
right-of@y for Boulevard Phase I and the acquisition of
t@rary and permanent ease!ments of right-of@ay, either by
agre@t or by cond@tion.
B. Ordinance to authorize a tempc)rary encroac@ent into a portion of the
right-of-way of 36th Street to Albic, Inc. t/a @atcn Beach im,
its assigns and successors in title.
9. Ordinarice to autborize a t@rary encroac@t into a portion of the
right-of-way known as Military fhghway to Durcn, Inc., their assigns
and successors in title.
10. Ordinance k@inting Vie@rs in the petition of @inion Buil@
C=Wraticn for the closure of a pc)rtion of
11. ordinance appointing Vievnrs in the petition of Wi,.llim L. and Ame
P. Page for a portion of rdale Avenue.
12. BIMO/PAFFIE @Ts:
Kellarn Band Parents Association Bingo
Residents Association of Wbstminster@terbury Bingo
Virginia Beach General Hospital Auxiliary, Inc. Raffle
Star of the Sea School Bingo/Feffle
Aragona Ccmunity Pecreation Center Bingo/Raffle
Men's Club of St. Gregory The Great Catholic Church Bingo/@ffle
Church of the Ascension Bingo/Faffle
I. APPO
25TI-I ANNIVERSARY CFTF.RPATION C
Baw OF B@ING CODE APPEALS
Building @intenance Division
Elertrical Division
tbw Cbnstruction Division
Plmbing & Mechanical Division
CUZTITUrION DAY CCMMI=
F LAND HOUSE B@ CP GOVERNORS
J. UN=SBM BUSINF.SS
1. Abstract of Votes in Special Election for of the Hc)use of
Delegates Dec@er 9, 1986.
K. NEW BUSINESS
L. AW
Item III-E.1
MINUTES ITEM # 26659
Upon motion by Councilwoman Heischober, seconded by Vice Mayor Oberndorf, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 22,
1986 as CORRECTED:
Page 22, ITEM # 26610, ORDINANCES:
Ordinance to amend and reordain Section 37-7.1 of the
Code of the City of Virginia Beach, Virginia,
pertaining to Water Resource Recovery Fees generally
at a rate of $75 per D.F.U effective January 1, 1987.
The Vote was INCORRECTLY recorded. Vice Mayor
Oberndorf voted NAY not AYE.
The Vote should correctly read:
Voting: 10-1.
Page 47, ITEM # 26627, ADJOURNMENT:
City Council ADJOURNED the Meeting at 12:46 P.ii.
A.M.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 22, 1986
The CONFERENCE SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
December 22, 1986, at 3:30 P.M-
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor
Meyera E. Oberndorf, Reba S. McClanan, John D. Moss,
Nancy K. Parker, and John L. Perry
Council Members Absent:
Councilman Harold Heischober (ENTERED: 4:05 P.M.)
(Meeting with David Grochmal, Director
of General Services)
- 2 -
MAT T E R S BY MAYOR
ITEM # 26584
The Mayor referenced Councilwoman Henley's report on December 15, 1986,
concerning her appointment to the Handicapped Subcommittee of TRT and
recommendations submitted by the Special Committee for TRANSPORTATION SERVICFS
FOR THE ELDERLY AND HANDICAPPED. The Chairman of the Tidewater Transportation
District Commission has requested Council's position concerning whether TTDC
should fund a portion of the Social Service organizational costs, what level
this report should be and whether wheel chair lifts on buses are desired.
The Special Committee for TRANSPORTATION SERVICES FOR THE ELDERLY AMD
HANDICAPPED had submitted twenty-three problems, recommendations and benefits.
The City's present contribution to TTDC is over $700,000 and to implement the
cost of the elderly and handicapped service program would entail approximately
an additional $230,000.
Councilwoman Henley advised the Handicapped Subcommittee of TRT met on Friday,
December 19, 1986. As far as the question of whether the City funds the
agencies or the TTDC directly, and let them pay the agencies, this could
probably be addressed through the Budget with Staff recommendations along these
lines from the standpoint of how much each of the agencies are receiving and
whether the City would want to increase same, or make certain the increase is
going specifically for the Transportation factor. Then, it would probably be
better to funnel it through TRT. Councilwoman Henley believed specific figures
from the specific agencies would be necessary before decisions could be made.
The Light Rail Study by TRT would entail handicapped facilities.
Jack Whitney, the Staff Liaison, will be sharing information with City Council
at a future meeitng.
ITEM # 26585
The Mayor advised the EASTERN VIRGINIA MEDICAL AUTHORITY requested consent to
appeal for Legislature to change their name to the FASTERN VIRGINIA MEDICAL
UNIVERSITY. By consensus, this will be agreeable with City Council.
ITEM # 26586
Mayor Jones requested in January to begin dividing the list of all the BOARDS
and COMMISSIONS among teams composed each of two members of City Council to
review same and establish a Council Liasion with each of these agencies so
someone is in contact with the goals of these various Boards and Comissions and
said Boards and Commissions do not feel abandoned.
Perhaps some of the the aforementioned groups may be eliminated.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 26587
At the City Council Meeting of December 15, 1986, Councilman Balko advised he
had referenced traffic violations concerning the running of yellow/red traffic
lights.
The City Manager's correspondence advised 26% increase in the enforcement of
violations through disregarding the traffic signals and 50% increase for
disregading a stop sign, as well as a 20% increase in the enfrocement of all
moving violations. The City's revenue appears to have risen in this particular
area.
ITEM # 26588
Councilman Fentress referenced an invitation to the Oath of Office ceremony of
Congressman Elect Owen B. Pickett. Councilman Fentress urged City Council's
attendance in support of Congressman Pickett.
Vice Mayor Oberndorf advised this ceremony is scheduled for Tuesday, January 6,
1986, at 11:00 A.M. in the Rayburn Office Building.
Pending conflicts in schedule, Mayor Jones, Vice Mayor Oberndorf, and Council
Members Balko, Fentress and Perry will be in attendance. The City Staff will
arrange transporation.
ITEM # 26589
Councilman Moss referenced a newspaper article concerning a report perfected by
the Southeastern Planning District Commission relative jobs. Councilman Moss
requested a copy of said report and found same to be most interesting.
Perhaps, City Staff might arrange a presentation in January or February
relative this document with copies supplied to all Members.
- 4 -
1TEM # 26590
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,
December 22, 1986 at 4:00 P-M-
Council Members Present:
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 Absent:
Harold Heischober
- 5 -
C I T Y M A N A G E R IS B R I E F I N G S
FY 1987-88 BUDGET "Trends and Issues"
ITEM # 26591
The City Manager advised E. Dean Block, Assistant City Manager for Analysis and
Evaluation and Walter Kraemer, Director of Budget and Evaluation, had compiled
a document identifying some of the TRENDS AND ISSUES the City will be facing in
the FY 1987-88 Operating Budget. Said document was distributed to City Council
and is hereby made a part of the record.
Dean Block advised the BUDGET is much more than a financial or accounting
document, it represents the service plan of the government and is in response
to forces within the Community. Mr. Block identified the four components of the
BUDGET:
(1) ON GOING OPERATIONS
(a) SERVICE LEVEL POLICIES AND STRATEGIES
(b) INFLATION, GROliTH AND CHANGING DF14AND
(c) MAINTENANCE AND SUPPORT
(2) NEW CAPITAL PROJECT COMMITMENTS
(3) CAPITAL INVESTMENT
(4) EDUCATION
Dean Block further identifed the TRENDS AND ISSUES:
Population - projected to 380,000 by January 1,
1988.
Housing Stock - estimated at 127,452 units as of
October 1986.
Automobiles - The number of automobiles registered
is the City is extected to be 266,306 by fiscal
year 1987/88.
Social/Human Services - as the City of Virginia
Beach matures, the demand for human service
expands, both as a result of the increase in
general population and the poverty portion of that
population.
Capital Improvements Program - The CIP for the City
of Virginia Beach for the Fiscal Year 1987/87 to
1989/90 is $594,548,853 exclusive of school
projects.
Other Issues and Services - Automated Refuse
Collection System, Tourist Industry, Ash and
Residue Contract and Support Agencies.
Fducation - The student population is projected to
increase by 2,522 students in FY 1987-88.
- 6 -
G I T Y M A N A G E R 'S B R I E F I N G S
FY 1987-88 BUDGET "Trends and Issues"
ITEM # 26591 (Continued)
Dean Block referenced the two sets of charts reflecting the ECONOMIC SITUATION.
The charts were derived from the most recent forecast and reflected a pattern
of expected lower growth for the region more closely paralleling the nation as
a whole than in the recent past. Concerning REVENUE/EXPENDITURE ANALYSIS,
early revenue forecasts reflect a likely range in the total increase of between
seven and ten percent. A Historical trend of appropriations would reflect a
more than twelve percent growth rate. To bring appropriations in line with
revenues will require a continued reduction of historic patterns in the rate of
expenditure growth. Given service demand increases, this will require a
careful balancing of needs.
- 7 -
REPORT OF THE CHILD DEVELOPMENT COMMITTEE
C I T Y M A N A G E R 'S B R I E F I N G S
ITEM # 26592
Hector Rivera, Assistant City Manager for Human Services, Frances Elrod,
Director of Social Serviceg and Nancy Hinch, Department of Social Services,
Coordinator of the Study, presented the REPORT OF THE CHILD DEVELOPMENT
COMMITTEE.
In June 1985, the Assistant City Manager for Human Services requested the
Director of the Department of Social Services to coordinate a Child Development
Study through a cooperative effort between the City of Virginia Beach and the
United Way of South Hampton Roads with participation from the private sector.
The purpose was to research and inventory the nature and extent of child
development activities in the City.
In September 1986, the Assistant City Manager for Human Services, expanded the
scope of the study to include related issues raised by City Council:
The impact of local zoning ordinances on day care
homes.
Field visits to Northeastern Virginia to see and
review child development models in Arlington and
Fairfax Counties.
An Ordinance proposed to amend the definition of day care centers as currently
contained in the COMPREHENSIVE ZONING ORDINANCE will be SCHEDULED for a City
Council Agenda within the next few weeks.
The COMMITTEE discovered Child Care for the low income family in Virginia Beach
is limited to 60 spots in the HEADSTART PROGRAM with approximatley 160 spots a
month in the Social Services STOP Grant Program. There is no central location
where a parent requiring Child Care may go for information and referral. Two
businesses in the Lynnhaven Industrial Park, the COMPTEC Technical Services and
STIHL, Inc., joined the UNITED WAY and the City in said CHILD DEVELOPMENT
STUDY. These two businesses and others surveyed are interested in studying the
feasibility of forming a public and private partnership in assisting in meeting
the child care needs of the working parent.
Seven factors to determine the need for day care services were considered as
indicators of need:
Growth rates betwen 1980-1984.
Number and percentage of single heads of household
Number and percentage of families with 2 workers
Nubmer and percentage of familes with 3 or more workers
Number and percentage of children under 5 years of age
Number and percentge of children under 13 years of age
Number and percentage of persons below 150 percent of
the proverty level
An index was developed based upon a comparison of this individual census tract
datea to that of the City media. A total score was derived and tracts were
ranked from high priority to low priority of need. Those tracts with the
highest indication of need were depicted on the map (page 7) of the brochure
and illustrated to Ctiy Council in a larger version. The areas of greatest
need are primarily in the central portion of the City, bordering the Green
Line. It includes Green Run, Carper Navy Housing and parts of Princess Anne
Plaza. The next areas of priority include Seatack, south of Virginia Beach
Boulevard and the Windsor Woods/Windsor Oaks area. The third groups of
priority are the College Park, Woodstock Areas, the Bayside area, Aragona areas
and other portions of Princess Anne Plaza.
- 8 -
REPORT OF THE CHILD DEVELOPMENT COMMITTEE
C I T Y M A N A G E R 'S B R I E F I N G S
ITEM # 26592 (Continued)
In September 1985, an inventory reflected 266 locations of Child Development
Programs within the City. These are also depicted on a map so areas of
priority need may be compared with location of service avialability.
The COMMITTEE reiterated eleven (11) recommendations based upon said findings:
State Initatives:
1. Distinct regulation for drop-in centers
2. Increased educational requirements for child
care personnel.
3. Require licensing of all day care home
providers.
4. One set of regulations for licensure and
certification of day care home.
5. Pre-Schools and church daycare centers should
be subject to licensure.
Local Government Initiatives:
1. Inclusion of child growth & development
curriculum in the 7th grade course of study.
2. Information & Referral system for child care.
3. City Ordinance definition change.
Public-Private Initatives:
1. Child Care Subsidy Program
2. Use of elementary school facilities for
extended care programs.
3. Joint effort to promote employer sponsored
daycare.
A copy of the CHILD DEVELOPMENT STUDY is hereby made a part of the record.
- 9 -
ITEM # 26593
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Baum, 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
- 10 -
F 0 R M A L S E S 3 I 0 N
VIRGINIA BEACH CITY COUNCIL
December 22, 1986
7:15 P.M-
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, December
22, 1986 at 7:15 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 C. Arthur Knaver
Pembroke Manor United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item II-E.
CEREMONIAL PRESENTATIONS ITEM 26594
The Mayor PROCLAIMED the week of December 14-20, 1986 as:
NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK
This PROCLAMATION recognized increased public knowledge about the gravity of
the problem of drunk and drugged driving may convince alochol and drug users
to refrain from driving, and may stimulate interest in research about effects
of drugs on driving ability and the incidence of traffic crashes.
Kevin Conroy ACCEPTED this PROCLAMATION.
The City Clerk advised of other PROCLAMATIONS issued by the Mayor during
December 1986:
Holly Festival Week - December 1-7, 1986
Day of the Yum Yum Tree - December 3, 1986
Worldwide Peace Prayer Day - December 31, 1986
0
WFFREAS, traffic crashes cause more violent deaths iii the United States than any other
cause, with 50 to 55 percerit being alcohol-related crashes; and
WHEREAS, traffic crashes also play a substantial role in serious if)juries, causing most
of the new c@ises of epilopsy and paraplegia in the United States each year; and
WHEREAS, between 45 and 55 percent of fatally injured drivers have alcohol concentrations
in their blood above the legal limit, and this figure rises to 55 to 65 percent in single-
vehicle crasl)es; and
WHEREAS, there were 980 fatalities on Virginia highways in 1985, and 48.9 percent of
these deaths were attributed to alcohol-related crashes; and
WFt--REAS, Virginia's highway fatality rate iri 1986 has risen everi more to approximately
18 percent atiove last year's; and
W@--.REAS, the total cost to society of drunk driving in the United States has been esti-
mated tu be @is high as $25 billion a year; 25cts of each $1.00 expended of our insurance money
is related t(3 intoxicated driving accidents, none of which includes the human suffering that
can never be measured; and
WFEREAS, there are increasing reports of collisions involving drivers who have used pre-
scription or illegal drugs or a combination of both; and
W@REAS, there has been a groundswell of national and local activity aimed at these prob-
lems through citizens' groups, task forces, and the Presidential Commission on Drunk Driving
which may he.lp to sustain current efforts to develup comprehensive solutions at the State and
local levels; and
WFEREAS, increased public knowledge about the gravity of the problem of drunk and drugged
driviiig may i@onvince alcohol and drug users to refrain from drivi(ig, and may stimulate interest
in research about effects of drugs on driving ability and the incidence of traffic crashes; and
WHEREAS, the Christmas and New Year's holiday period is a particularly appropriate time
to focus national attention on this critical problem, because more drivers are on the roads,
more social functions are attended, and more traffic collisions occur.
NOW, TH--REFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, to hereby pro-
claim the week of December 14-20, 1986 as
NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK
ifi Virgiriia Beach and and support national and local observances aimed at awareness of this
iiicreasingly critical problem to our community and remind citizens that safety belts and child
safety seats are our best defense against all the hazards of the road.
I I I
I
P,
o, 'A
es
- 12 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITF14 # 26595
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 @feeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item III-D.1 ITEM # 26596
Councilman Moss referenced Ordinance to AMEND and REORDAIN Section 12-3 of the
Code of the City of Virginia Beach, Virginia, pertaining to Open Burning
Generally Prohibited. (See Item III-H.1 of the CONSENT AGENDA).
This item will be pulled for a separate discussion.
Item III-D.2 ITEM # 26597
The City Clerk referenced an Ordinance appointing Viewers in the petition of
William L. and Anne P. Page for a portion of Lauderdale Avenue. (See Item III-
H.11 of the CONSENT AGENDA).
This item will be pulled as Speakers have registered.
Item III-D-3 ITEIA # 26598
The City Manager referenced the PARKER LANE PUMP STATION (Proposed Relocation
and Exhange/Sale of City Property).
This item willl be ADDED-ON under NEW BUSINESS
- 13 -
Item III-E.1
MIN(JTES ITEM # 26599
Upon motion by Councilwoman Heischober, seconded by Councilman Perry, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 15,
1986 as COHRECTED:
Page 25, Item # 26565, ORDINANCES:
Councilman Robert E. Fentress was omitted from the
list of Council Members Voting Aye:
Same should CORRECTLY read;
Council Members Voting Aye:
Robert E. Fentress, Barbara M. Henley,
Mayor Robert G. Jones, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Page 27, Item # 26567, ORDINANCES:
There is a typographical area in line 6 of the
following paragraph:
"Be it further ordained when the City-held land
adjacent to Route 44, Baxter Road, and the proposed
flyover is either sold or leased so as to generate
revenue, that the net proceeds shall first go to
retiring the debt of said land acquisition, second
to restoring funds reprogrammed and
third to the general fund."
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item III-F.l.a-g
PUBLIC HEARING
PLANNING ITEM # 26600
Mayor Jones DECLARED a PUBLIC HF.ARING on:
PLANNING ITEMS
a. STEVEN H. DAVIDSON VARIANCE
b. BUYRN FARM ASSOCIATES CONDITIONAL USE PEMIT
c. VIRGINIA BEACH SPCA CONDITIONAL USE PERMIT
d. GREAT NECK VILLAGE ASSOCIATES CHANGE OF ZONING
e. THE BREEDEN COMPANIES CHANGES OF ZONING
f. MICHAEL R. MASCIOLA II and/or Assigns CHANGE OF ZONING
g. R. LARRY TURNER CHANGE OF ZONING
5
Item III-F.l.a.
PUBLIC REARING
PLANNING ITF14 26601
Attorney William Burnside, represented the applicant and advised an agreement
drafted and submitted by the applicant was not considered acceptable by the
City
Upon motion by Councilwoman Henley, seconded by Counclman Balko, City Council
DEFERRED until the City Council Meeting of JanuarY 5, 1986, RECONSIDERATION of
the Reservation approved October 14, 1985 in the application of STEVEN H.
DAVIDSON for a Conditional Use Permit for a single-family dwelling. This
DEFERRAL will enable consultation with the City Attorney to determine the best
course of action concerning whether to revoke the "temporary occupancy permit"
or impose a reservation requirement when similar improvement on said property
is requested.
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
property located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
This Ordinance was ADOPTED on October 14, 1985.
The following condition will be RECONSIDERED:
1. A reservation of right-of-way thru this parcel to
provide for an ultimate 94-foot right-of-way for
Princess Anne Road Relocated in accordance with the
Master Street and Highway Plan and the "Princess
Anne Road at Pungo Ferry Road" preliminary
alignment on file in the City Engineer's Office.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- i6 -
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM # 26602
Attorney Robert Cromwell represented the applicant
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of BUYRN FARM ASSOCIATES, a
Virginia General Partnership for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BUYRN FARM
ASSOCIATES, A VIRGINIA GENERAL PARTERNSHIP FOR A
CONDITONAL USE PERMIT FOR OPEN SPACE PROMOTION
R012861001
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Buyrn Farm
Associates, a Virginia General Partnership for a
Condtional Use Permit for open space promotion on
certain property located on the north side of
Holland Road, 310 feet more or less east of Delft
Drive. Said parcel contains 37.868 acres. Plats
with more detailed information are available in the
Department of Planning. (Princess Anne Borough)
The following conditions shall be required:
1. A 31-foot right-of-way dedication is required along
Holland Road to provide for an ultimate four (4)
lane divided right-of-way as per the Master Street
and Highway Plan (a 92-foot right-of-way), plus an
additional ten-(10)-foot dedication for right-of-
way for landscaping along the frontage on Holland
Road.
2. The aforementioned 10-foot scenic easement shall be
landscaped in front of property on Holland Road.
Applicant shall submit a plan to the City.
3. There shall be one curb cut as depicted on site plan.
4- Open space shall be brought back into the P-1
Dedication as required by the Ordinance.
5. There is to be a maximum of 80 lots with a minimum
of 7500 square feet per lot.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
second day of December, Nineteen Hundred and Eighty-six.
1 7
III-F.1 b
PUBLIC HEARING ITEM # 26602 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1 8
Item III-F.l.c.
PUBLIC HKARING
PLANNING ITEM # 26603
Attorney Charles Salle' represented the applicant
F. Reid Ervin, Member of the Board of the S.P.C.A.
Elizabeth Sills, Charter Member, Past President and Executive Director and
Present Life Board Member of the S.P.C.A.
The City Clerk referenced a letter from Captain and Mrs. Otis Gregg in support
of said application and a Telephone Call from Whitney DeSantis in support of
same.
Opposition:
Dr. Constant Pozniak, Vetenarian,
Dr. James G. Kollar, Vetenarian
Dr. Joe McKinney, Vetenarian
Attorney Judith M. Cofield, represented the South Hampton Roads Vetenarian
Association. Ruling from the Circuit Court of the City of Virginia Beach is
hereby made a part of the record.
Upon motion by Councilwoman McClanan, seconded by Counclman Perry, City Council
ADOPTED an Ordinance upon application of VIRGINIA BEACH S.P.C.A., a Virginia
Non-Stock Corporation, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
S.P.C.A., A VIRGINIA NON-STOCK CORPORATION, FOR A
CONDITONAL USE PERMIT FOR AN ANIMAL HOSPITAL,
POUND, SHELTER AND KENNEL R012861002
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach
S.P.C.A., a Virginia Non-Stock Corporation for a
Conditional Use Permit for an animal hospital,
pound, shelter and kennel on certian property
located on the east side of Holland Road, 650 feet
south of Landstown Road. Said parcel contains 2.5
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Dedication for a variable width right-of-way 46
feet from the center line of Holland Road.
2. 10-foot landscaped scenic easement in front of
property.
3. Said application shall apply to those services
presently provided in the facility on General Booth
Boulevard with no additional services than exist
under the current conditional use.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second day of December, Nineteen Hundred and Eighty-six.
- 19 -
Item III-F.l.c.
PUBLIC HEARING
PLANNING ITEM # 26603 (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
- 20 -
Item III-F.l.d
PUBLIC HEARING
PLANNING ITEM # 26604
Attorney Grover Wright represented the applicant and advised the density has
been reduced to 3.27. An Agreement of Conditions was distributed to City
Council and is hereby made a part of the record.
OPPOSTION:
Ron Makela, Chairman of the Great Neck Association of Civic Leagues
Rita Rawls, President of the Woodhurst Coummunity Civic League, presented
petitions in OPPOSITION (Said Petitons are hereby made a part of the record).
A MOTION was made by Councilman Balko, seconded by Vice Mayor Oberndorf, to
DENY an Ordinance upon application of GREAT NECK VILLAGE ASSOCIATES, a
General Partnership for a Change of Zoning from B-2 Community-Business
District to A-2 Apartment District on certain property located 710 feet east
of North Great Neck Road beginning at a point 600 feet south of Mill Dam Road
as shown on the plat entitled "Subdivision of Property for Great Neck Village
Shopping Center", containing'5.E)91? 3.27 acres (Lynnhaven Borough).
A SUBSTITUTE MOTION was made by Councilman Perry, seocnded by Councilman
Heischober to DEFER for one month an Ordinance upon application of GREAT
NECK VILLAGE ASSOCIATES, a General Partnership for a Change of Zoning from
B-2 Community-Business District to A-2 Apartment District on certain property
located 710 feet east of North Great Neck Road beginning at a point 600 feet
south of Mill Dam Road as shown on the plat entitled "Subdivision of Property
for Great Neck Village Shopping Center", containing 5.89T 3.27 acres
(Lynnhaven Borough). This DEFERRAL would enable the Mill Dam Civic League to
express their concerns relative this application. Councilman Heischober
WITHDREW his SECOND to said MOTION. MOTION failed for a lack of a Second.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City
Council DENIED an Ordinance upon application of GREAT NECK VILLAGE
ASSOCIATES, a General Partnership, for a Change of Zoning:
ORDINANCE UPON APPLICATION OF GREAT NECK VILLAGE
ASSOCIATES, A GENERAL PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2
Ordinance upon application of Great Neck Village
Asociates, A General Partnership, for a Change of
Zoning District Classification from B-2 Community-
Business District to A-2 Apartment District on
certain property located 710 feet east of North
Great Neck Road beginning at a point 600 feet
south of Mill Dam Road as shown on the plat
entitled "Subdivision of Property for Great Neck
Village Shopping Center" on file in the Department
of Planning. Said parcel contain 5.9gy 3.27 acres.
LYNNHAVEN BOROUGH.
- 21 -
Item III-F.l.d
PUBLIC HEARING
PLANNING ITEM # 26604 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum,* Harold Heischober, Mayor Robert G.
Jones," and John L. Perry
Council Members Aboent:
None
"Verbal Nay
- 22 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 26605
Attorney Robert Cromwell represented the applicant and proferred various
conditions
A MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf to DENY
Ordinances upon application of THE BREEDEN COMPANIES for Changes of Zoning on
certain properties located on the west side of South Military Highway, 1100
feet north of Indian River Road (Kempsville Borough) from B-1 Business-
Residential District to A-2 Apartment District (12.963 acres) AND, from B-2
Community-Business District to A-2 Apartment District (5 acres).
A SUBSTITUTE MOTION was made by Councilman Fentress, seconded by Councilman
Baum to ADOPT Ordinances upon application of THE BREEDEN COMPANIES for Changes
of Zoning on certain properties located on the west side of South Military
Highway, 1100 feet north of Indian River Road (Kempsville Borough) from B-1
Business-Residential District to A-2 Apartment District (12.963 acres) AND,
from B-2 Community-B siness District to A-2 Apartment District (5 acres).
Voting; 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
None
- 23 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING ITIN # 26605 (Continued)
Upon motion by Counciiman Moss, seconded by Vice Mayor Oberndorf, City Council
DENIED Ordinances upon application of THE BREEDEN COMPANIES for Changes of
Zoning:
ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-1 to A-2
Ordinance upon application of the Breeden Companies
for a Change of Zoning District Classification from
B-1 Business-Residential District to A-2 Apartment
District on certain property located 350.29 feet
west of South Military Highway, 1100 feet north of
Indian River Road. Said parcel contains 12.963
acres. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2
Ordinance upon application of The Breeden Companies
for a Change of Zoning District Classification from
B-2 Community-Business District to A-2 Apartment
District on certain property located on the west
side of South Military Highway, 1100 feet north of
Indian River Road. Said parcel contains 5 acres.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor I'leyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress and
Harold Heischober
Council Members Absent:
None
- 24 -
Item III-F.l.f
PUBLIC HEARING
PLANNING ITEM # 26606
Norman Kello represented the applicant and distributed copies of the Site Plan
to City Council and presented a copy of a NOTARIZED letter from Emory L. Rose,
Sr., owner of Plots #120 and #121 on the west end of 12th Street in support of
said application. (Said letter is hereby made a part of the record.
Billy Chaplain, owner of adjacent land, spoke in favor of the application
LCDR Al Petrie, NAS Oceana, spoke in OPPOSITION and advised the parcels lies
almost directly under the flight pattern of Runway 23.
A MOTION was made by Councilman Fentress, seconded by Councilman Heischober to
ADOPT an Ordinance upon applcation of MICHAEL R. MASCIOLA II AND/OR ASSIGNS for
a Change of Zoning from R-8 Residential District to A-2 Apartment District on
the south side of 12th Street on Lots 1-6, Block 121, Block 122, Parcels 1 and
2, Lakewood, containing 2.25 acres (Virginia Beach Borough).
Upon SUBSTITUTE MOTION by Councilwoman Parker, seconded by Councilman Moss,
City Council DENIED an Ordinance upon application of MICHAEL R. MASCIOLA II
AND/OR ASSIGNS for a Change of Zoning:
Ordinance upon application of Michael R. Masciola
II and/or Assigns for a Change of Zoning District
Classification from R-8 Residential District to A-2
Apartment District on the south side of 12th Street
on Lots 1-6, Block 121, Block 122, Parcels 1 and 2,
Lakewood. Said parcels contain 2.25 acres.
VIRGTNTA BEACH BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
John A. Baum, Robert E. Fentress and Harold
Heischober
Council Members Absent:
None
25 -
Item III-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 26607
Attorney V. Thomas Forehand, Jr., represented the applicant and di3tributed
to City Council an ADDENDUM to the PROFFERS submitted November 24, 1986.
(Both documents are hereby made a part of the record.) Attorney Forehand
advised the revised site plan represented substantial changes in the
original application.
James Overton, Waterways, Surveys and Engineering, also spoke in favor of
said application concerning drainage and filtration.
OPPOSITION:
Attorney Moody E. Stallings, represented the Lake Christopher Homes
Association
Jim Powell, resident of Lake Christopher Drive, represented himself
Bill Van Hoy, represented Lake Christopher Homeowners Association.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
DENIED an Ordinance upon application of R. LARRY TURNER for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF R. LARRY TURNER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-2
Ordinance upon application of R. Larry Turner for a
Change of Zoning District Classification from R-6
Residential District to B-2 Community Business
District on the south side of Indian River Road,
800 feet more or less east of Kempsville Road.
Said parcel is lcoated at 5213 Indian River Road
and contains 14.8 acres. Plats with more detailed
information are available in the Department of
Planning. KF24PSVILLE 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
- 26 -
Item III-H.l.b.
ORIDNANCES ITEM # 26608
Frank Bowers, Vice President and General Manager of Cox Cable Virginia Beach,
represented the applicant
Attorney Wayne Souza, attorney for the applicant with Pickett, Lyle, Siegel,
Drescher & Croshaw
OPPOSITION:
Attorney K. Keith Thurmam, represented Resort Satellite Communications, and
distributed a letter to City Council reiterating their concerns. (Said letter
is hereby made a part of the record).
Attorney William M. Sexton, represented Resort Satellite Communications
Ron Makela, represented himself, and distributed a copy of a letter from the
City Manger advising of a problem he had experienced with Cox Cable's billing
procedure. (Said letter is hereby made a part of the record)
Upon motion by Councilman Perry, seconded by Counclilman Baum, City Coucnil
ADOPTED:
Resolution consenting to the transfer of assets,
including the Cable Television Franchise, from Cox
Cable Virginia Beach, Inc. to New Cox Cable
Virginia Beach, Inc., conditioned on the continued
and uninterrupted compliance by New Cox Cable
Virginia Beach, Inc. with the terms and conditions
of the existing Franchise Agreement.
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 Meinbers Absent:
None
RESOLUTION CONSENTING TO THE TRANSFER
OF ASSETS, INCLUDING THE CABLE TELEVISION
FRANCHISE, FROM COX CABLE VIRGINIA BEACH, INC.
TO NEW COX CABLE VIRGINIA BEACH, INC., CONDITIONED
ON THE CONTINUED AND UNINTERRUPTED COMPLIANCE
BY NEW COX CABLE VIRGINIA BEACH, INC. WITH THE TERMS
AND CONDITIONS OF THE EXISTING FRANCHISE AGREEMENT
WHEREAS, on May 17, 1976, Cox Cable Virginia Beach, Inc. was
granted a Franchise to construct, operate, and maintain a cable
television system within the City; and
WHEREAS, Section 16A of the Franchise Agreement states that
11[n]o transfer of control or assignment of the franchise, the
cable television system, or any part thereof shall be effective
without the prior written consent of the City Council, which
consent shall not be unreasonably withheld;" and
WHEREAS, Section 16C of the Franchise Agreement states, in
part, that 11[e]very change, transfer or acquisition of control of
the grantee shall make the franchise subject to cancellation
unless and until the City Council shall have consented thereto.";
and
WHEREAS, by letter dated October 27, 1986, from Franklin R.
Bowers, Vice President/General Manager of Cox Cable Virginia
Beach to the City Manager, Cox Cable Virginia Beach requested the
consent of the City "to transfer the assets, including the cable
television franchise, from Cox Cable Virginia Beach, Inc. to -Cox
Cable Hampton Roads, Inc."' and to merge the two companies; and
WHEREAS, Mr. Bowers has agreed to amend the request by
transferring the assets, including the cable television
Franchise, to New Cox Cable Virginia Beach, Inc., as opposed to
Cox Cable Hampton Roads, Inc.; and
WHEREAS, Mr. Bowers has indicated in said letter that
11[tlhere will be no change in the control, management or ultimate
ownership of the cable system nor will any change be apparent to
our customers," as a result of the transfer, and has further
indicated that 11[t]he day-to-day operations will remain the
same."; and
WHEREAS, City Council's principal concern is to ensure that
the quality of service to subscribers be maintained and that
compliance with the terms and conditions of the existing
franchise agreement be continued without interruption; and
WHEREAS, City Council is satisfied, both by Mr. Bowers'
representations in his letter of October 27, 1986, to the City
Manager and by his willingness to sign this Resolution, that the
quality and continuity of services under the existing franchise
agreement will in no way be negatively impacted by the proposed
transfer of assets and corporate merger.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby consents to the transfer of
assets, including the cable television franchise, from Cox Cable
Virginia Beach, Inc. to New Cox Cable Virginia Beach, Inc. and to
the merger of the two companies conditioned on the continued and
uninterrupted compliance by New Cox Cable Virginia Beach, Inc.
with the terms and conditions of the Franchise granted to Cox
Cable Virginia Beach, Inc. on May 17, 1976.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 22nd day of December 1986.
RMB/dga
Cox/res
12/12/86
Frankli@ R. Bowers
Vice President/General Manager
Cox Cable Virginia Beach, Inc.
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, @.A @ @ I a Notary Public in
and for the City and State aforesaid, do eby certify that
FRANKLIN R. BOWERS, Vice President/General Manager of Cox Cable
Virginia Beach, Inc., whose name as such is signed to the
foregoing Resolution, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this 30 day of 1986.
Notary Public
My Commission Expires: S-/@5,o
2
- 27 -
Item III-G.2.
ORDINANCE ITF1,1 # 26609
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to transfer $3,500 from reserve for
contingencies for Easter Seal House Fire Detector
Check.
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
Requested by Council Member Oberndorf
AN ORDINANCE TO TRANSFER $3,500
FROM RESERVE FOR CONTINGENCIES FOR
EASTER SF-AL HOUSE FIRE DETECTOR CHECK
WHERF-AS, the Easter Seal House has a requirement to install a fire
sprinkler system in their structure, and
WHEREAS, such installation requires that a Fire Detector Check be
installed by the Department of Public Utilities at a cost of $3,500, and
WHEREAS, such installation is critical in order for the use of the
Easter Seal House to reach full potential.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA, that funds in the amount of $3,500 be transferred from
the General Fund Reserve for Contingencies to the Water and Sewer Funds for Water
and Sewer fees to reimburse the Water and Sewer Fund for the cost of the Fire
Detector Check installation in the Easter Seal House.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 22nd day of December 1986.
First Reading:
CAC/1 ORD21.BJM
- 28 -
Item III-G.3
ORDINANCES ITEM # 26610
Clarence Warnstaff, Director of Public Utilities, presented an outline relative
the third and final increment of the water resource recovery fee.
(Documentation concerning same is hereby made a part of the record).
Rae LeSesne, President of the Council of Civic Organizations, spoke in
opposition and requested further study.
Attorney Richard D. Guy, represented the Tidewater Builders Association, and
spoke in support of said Ordinance
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED, AS AMENDED:*
Ordinance to amend and reordain Section 37-7.1 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Water Resource Recovery Fees
generally at a rate of $75 per D.F.U effective
January 1, 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
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-7.1 OF THE CITY CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO WATER
RESOURCE RECOVERY FEES GENERALLY.
WHEREAS, on January 6, 1986, the City Council of the
City of Virginia Beach established, by ordinance, a Water
Resource Recovery Fee to be assessed to new connections to the
water system; and
WHEREAS, that ordinance provided for the phasing in of
the fee in three (3) increments as follows:
January 6, 1986 -- June 30, 1986: $32 per DFU
July 1, 1986 -- December 31, 1986: $63 per DFU
January 1, 1987 and thereafter: $95 per DFU
WHEREAS, the City's Consultant, Arthur Young and
Company, revised and finalized a report to the City on May 15,
1986; and
WHEREAS, said report recommended that the Water
Resource Recovery Fee be set such that it would recover an
average of $2,383.00 per account and that the City continue to
collect data and finalize the fee prior to the third and final
increment to be effective on January 1, 1987; and
WHEREAS, based on the Arthur Young and Company report
and data collected from January 6, 1986, thru November 30, 1986,
a fee of $75.00 per DFU will be sufficient to recover an average
of $2,383.00 per new connection to the water system; and
WHEREAS, it has always been the city's goal to set the
Water Resource Recovery Fee at the minimum amount necessary to
recover the recommended average of $2,383.00 per account.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 37-7.1 of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained to
read as follows:
Section 37-7.1. water resource recovery fees generally.
(a) The fees prescribed by the following subsections
of this section shall be paid as the property owner's share of
the cost of water resource development and associated
distribution facilities. such fees shall be known as "recovery
fees." The fees shall be determined on the basis of the drainage
fixture unit schedule as provided in the Uniform Statewide
Building Code (Plumbing), as amended from time to time. Such
fees shall also be applicable to a use or structure presently
connected to the water system whenever such use or structure is
expanded, changed or modified resulting in an increase in
drainage fixture units, and to a use or structure not presently
connected to the water system when such use or structure
connects. If a property owner has previously paid water line
fees but has not obtained a building permit, the property owner
shall be charged the full amount of applicable recovery fees,
less a credit of any water line fees previously paid.
(b) Recovery fees shall be as follows:
(1) Each drainage fixture unit shall be charged a recovery
fee according to the following schedule:
(i) Thirty-two dollars ($32.00) per drainage fixture
unit from the effective date of this section until
June 30, 1986.
(ii) Sixty-three dollars ($63.00) per drainage fixture
unit from July 1, 1986, to December 31, 1986.
(iii) Ninety-five Seventy-five dollars +$95799+ ($75.00)
per drainage fixture unit effective January 1,
1987.
(2) In all cases where a plumbing fixture is not
specifically described in the Uniform Statewide Building Code
(Plumbing), as amended from time to time, an equivalent drainage
fixture unit value for the plumbing fixture shall be computed by
the department of public utilities and shall be made a part of
the standards and specifications of the department of public
utilities.
2
In the event of a dispute as to the amount of fees owed, the
property owner may appeal the department of public utilities'
decision to the city manager or his designee and, thereafter, to
city council.
(c) No building or plumbing permit shall be issued for
any property, and if issued, such permit shall not be valid,
until the fees provided for in this section have been paid.
(d) In the case of existing contract agreements
between owners and the city regarding water resource impact fees
and waiver of water resource impact fees, such agreements shall
remain in effect.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of December 1986.
KJC/lmt
12/12/86
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(\ordin\proposed\37-007-l.add)
- 29 -
Item III-H.
CONSENT AGENDA ITEM # 26611
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 2, 3, 4t 5p 71 8@ 9y 10 and 12 of the
CONSENT AGENDA:
Iemms III-H. 1, 6, and 11 were pulled for a separate vote.
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 Abstaining:
Vice Mayor Meyera E. Oberndorf VERBALLY ABSTAINED on
Item III-H.12 portion related to the RAFFLE PERMIT to
Virginia Beach General Hospital Auxiliary, Inc. Vice
Mayor Oberndorf is a Member of said Auxiliary.
Council Members Absent:
None
- 30 -
Item III-H.1
CONSENT AGENDA ITEM # 26612
Chief Harry Diezel responded to Councilman Moss's inquiries concerning
enforcement
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 12-3 of the
Code of the City of Virginia Beach, Virginia,
pertaining to Open Burning Generally Prohibited.
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 TO AMEND AND REORDAIN
SECTION 12-3 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO OPEN BURNING
GENERALLY PROHIBITED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 12-3 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 12-3. Burning of brush, leaves, grass, etc.
(a) It shall be unlawful for any owner or lessee of
land to set fire to, or to procure another to set fire to, any
woods, brush, logs, leave, grass, debris, or other flammable
material upon such land, unless he previously shall have taken
all reasonable care and precaution, by having cut and piled the
same or carefully cleared around the same , to prevent the spread
of such fire to lands others than those owned or leased by him.
It shall also be unlawful for any employee of any such owner or
lessee of land to set fire to or to procure another to set fire
to any woods, brush, logs, leaves, grass, debris, upon such land,
unless he shall have taken similar precautions to prevent the
spread of such fire to any other land. open burning, otherwise
lawful, shall not be conducted under conditions whereby smoke
causes reduced visibility on any highway or whereby visible
emissions or odors constitute a nuisance to surrounding property.
(b) During the period beginning March first and ending
May fifteenth of each year, even though the precautions required
by subsection (a) above are taken, it shall be unlawful, in the
city or any portion thereof organized for forest fire control
under the direction of the state forester, for any person to set
fire to, any brush, leaves, grass, debris or field containing dry
grass or other inflammable material capable of spreading fire,
located in or within three hundred (300) feet of any woodland or
brushland, except between the hours of 4:00 p.m. and 12:00
midnight.
(c) The provisions of subsection (b) of this section
shall not apply to any fires which may be set on right-of-ways of
railroad companies by their duly authorized employees.
(d) Any person violating any provision of this section
shall be guilty of a Class 4 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22ni day of December 1986.
WEB/lmt
11/19/86
11/25/86
CA-02025
ordin\proposed\12-003.pro
2
- 31 -
Item III-H.2
CONSENT AGENDA ITEM # 26612a
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND RKADING:
Ordinance to appropriate $1,000,000 for the
acquisition of approximately thirty-eight (38)
acres of property adjacent to the Municipal Center
and authorize the City Manager to enter into an
agreement to finance the purchase of the property
along with other property approved for purchase on
July 7, 1986.
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
I
AN ORDIMXE TO APPRCPRIATE $1,000,000 FOR
THE ACQUISITION CF APPROXIMATELY 38 ACRES
OF PROPERTY ADJACENT TO THE MUNICIPAL
CEN= AM AUTHORIZE @- CITY MANAGER TO
ENTER INTO AN AGREEMENT TO FI@E THE
PUFCHASE CF THE PRCPERTY ALONG WITH ONIER
PROPER'IY APPRMM FOR PURCHASE ON JULY 7,
1986
VnIEREAS, City Council bas previously authorized on July 7, 1986 the
acquisition of property (36.77 acres) adjacent to the @tunicipal Center at an
estimated cost of $4,492,116, and
, additional property (approximately 38 acres) adjacent to the
municipal Center (east of North Landing Road) has become available for an
estinated cost of $1,000,000, and
WHEREAS, the cost of acquiring the additional property and the
previously authorized property may be financed by a third party arrangeuent.
NCW, TT=ORD, BE IT OMAINM BY THE COUW-IL CF THE CITY CF VII-1,GINIA
BEACH, VI@INIA that $1,000,000 is hereby appropriated for the a@isition of
property at the ILnicipal Center.
BE IT FURTHER OFCAINED that tbe City Manager is hereby authorized to
negotiate for the purchase of this additional property, and
BE IT FUr= OFCAINED that the City Manager is hereby authorized to
negotiate a satisfactory third-party agreen-ent for the financing of this
property as well as the acquisition approved by Council on July 7, 1986 at an
estimated amount of $5,492,116.
BE IT FUF= ORDAINED when the City held laro adjacent to Route 44,
Baxter Road and the proposed flyover is either sold or leased so as to generate
revenue, that the net proceeds shall first go to retiring the debt of said land
acquisition, second to restoring funds reprocjranned and third to the general
fund.
This ordinance shall be in effect from the date of its zooption.
First Reading: December 15, 1986
Secorid Reading: December 22, 1986
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 1986
- 32 -
Item III-H.3
CONSENT AGENDA ITE24 # 26613
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance to appropriate $73,076 for additional
personnel and equipment within the Sheriff's
Department.
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 TO APPROPRIATE FUNDS IN
THE AMOUNT OF $73,076 FOR ADDITIONAL
PERSONNEL AND EQUIPMENT WITHIN
THE SHERIFF'S DEPARTMENT
WHEREAS, the Sheriff appealed the original Budget approved by the
Virginia Compensation Board, and
WHEREAS, on August 12, 1986 Council members Balko and Perry accompanied
Sheriff Overman to appear before the Compensation Board at which time the
Compensation Board agreed to give the Virginia Beach Sheriff's Department:
Personnel:
I - Bailiff $ 9,020
5 - Deputies 43,048
1 - Secretary 1 6 475
Total Salaries $ 58,543
Fringe Benefits: $ 8,533
Capital outlay 000
Total $ 73,076
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA that funds in the amount of $73,076 be appropriated for the above
positions and equipment, and
BE IT FURTHER ORDAINED that the Revenue from the Commonwealth be
increased by $73,076 to offset this expenditure.
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: December 15, 1986
Second Reading: December 22, 1986
- 33 -
Item III-H.4
CONSENT AGENDA ITEM # 26614
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council
ADOPTED upon SECOND RFADING:
Ordinance to accept and appropriate $142,771 and to
transfer $27,809 for a low income day care
assistance pilot program.
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 TO APPROPRIATE $142,7ii AND
TO TRANSFER $27,809 FOR A LOW INCOME
DAY CARE ASSISTANCE PILOT PROGRAM
WHEREAS, the General Assembly of Virginia has appropriated funds to
pilot a program of day care support on a fee system basis for low income families
for fiscal years 1986-87 and 1987-88, and
WHERFAS, $142,771 of these funds have been allocated to the City of
Virginia Beach for FY 1986-87 for support of day care services to low income
persons in Virgini.a Beach, and
WHEREAS, a local match in the amount of $27,809 is required for a total
FY 1986-87 program cost of $170,580, which includes the costs for one Social
Worker I, and
WHERF.AS, the Department of Social Services has experienced increasing
numbers of low income working indi.viduals in need of assistance in provision of
child day care, and
WHEREAS, adequate lapsed funds to cover the match requirement have been
identified within the Department of Social Services FY 1986-87 Operating Budget
due to personnel turnover.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA, that funds in the amount of $142,771 be appropriated to the
Public Assistance Day Care account within the Department of Social Services.
BE 1T FURTHER ORDAINED that funds in the amount of $27,809 be realloca-
ted within the current resources of the FY 1986-87 Operating Budget of the
Department of Social Services to meet local match requirenients of the program and
that the staffing of the Department of Social Services be increased by one Social
Worker I for the duration of the pilot program.
BE IT FURTHER ORDAINED that anticipated revenue from the Commonwealth
for Public Assistance be increased by $142,771.
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: December 15, 1986
Second Reading: December 22, 1986
CAC/1 ORD19.B,TM
- 34 -
Item III-H.5-
CONSENT AGENDA ITEM # 26615
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVED upon FIRST RFADING:
Ordinance to appropriate to the Davis Corner Fire
Department and Rescue Squad, Inc. $30,000 for a new
ambulance.
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 TO APPROPRIATE
TO THE DAVIS CORNER FIRE DEPARTMENT
AND RESCUE SQUAD, INC. AN AMOUNT
OF $30,000 FOR A NEW AMBULANCE
WHEREAS, the Davis corner Fire Department and Rescue
Squad, Inc. has indentified the need to replace an ambulance, and
WHEREAS, a new ambulance which will better serve the
needs of the citizens within the service area will cost
approximately $30,000, and
WHEREAS, the Davis Corner Fire Department and Rescue
Squad, Inc. has requested $30,000 for this purpose and City
Council considers it appropriate to make this amount available
for such a purpose.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds of $30,000 be appropriated
from the General Fund Balance to the Davis Corner Fire Department
and Rescue Squad, Inc. for the purchase of a new ambulance. It
is anticipated that these funds will be repaid on the following
schedule:
July 1, 1987 $10,000
July 1, 1988 10,000
July 1, 1989 10,000
Total $30,000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 1986.
FIRST READING: December 22, 1986
SECOND READING:
- 35 -
Ttem III-H.6.
CONSENT AGENDA ITEM # 26616
Clarence Warnstaff, in response to Councilman Perry's inquiries, advised the
water would flow toward Indian River Road, but depending upon the time of day
and time of year, the direction of the flow of water in a main may change.
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
APPROVED:
Cost Participation Agreement between the City and
The Christian Broadcasting Network, Inc. to
construct a water system on parcels fronting on
Centerville Turnpike and authorizing the payment of
$23,394-16.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold lieischober, 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
3,2281 of 12" Water Line Oversized to 16".
Fill No
EXHIBIT SHOWING 12" WATER LINE OVERSIZED
TO 16" CENTERVILLE TURNPIKE - CBN WATER
COST PARTICIPATION AGREEMENT
JSW:mc
B 9-33
10/16/36
COST BENEFIT ANALYSIS
CBN - CENTERVILLE TURNPIKE
WATER COST PARTICIPATION AGREEMENT
City cost per agreement $23,394.16
Assumption
1. To provide the ultimate service equivalent to a 16" water line,
a parallel 12" line would have to be installed.
Ins'L-allation cost $22/foot for 3,228 feet $71,016.00
2. Parallel lines would require additional maintenance cost
of $399/1000' (1986 cost) for 30 years. PV factor for
5% cost of money = 15.3725
(3j228)($399)(15.3725) $19,799.35
Total cost to city for alternate service $90,815.00
Total cost savings to City 00-00
JSW:mc
10/16/86
B 9-33
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 28 day of st 19 8 6,
by and between The Christian Broadcasting Network, Inc. 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 various parcels
fronting on Centerville Turnpike from existing Jake Sears and
Road to existing CBNU Library site.
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 water service to this
Project, it is necessary for Owne:- -',-o cons-,:.-uct certain x.;ater
facilities; and
WHEP,F'-.-, @he 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 %;i-lhin the Project
limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
of ) 23, 394. 16 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 tbe System to serve per-
sons within and without the Project limits. (Subject to said connection
not causing any adverse effect on CBN water supply and/or pressure.)
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves,
fittings, and all other facilities, shall be deemed dedicated
to the City of Virginia Beach as of the date of the City's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against
(Idemnification limited to design, approval, construction
such claim. and/or installation and does not include City functions
of opetation and/or maintenance of the system.)
6. This Agreement shall inure to the benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
Item III-H.7
CONSENT AGENDA ITEM # 26617
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
Fee Simple for right-of-way for Northampton
Boulevard Phase I and the acquisition of temporary
and permanent easements of right-of-way, either by
agreement or by condemnation.
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 TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR NORTHAMPTON
BOULEVARD PHASE I AND THE ACQUISITION OF TEMPORARY
AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important roadway to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, comfort,
convenience, and for the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed
to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq.,
15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as
amended, all that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled, "PLAN FOR
WIDENING OF NORTHAMPTON BOULEVARD, NORTHAMPTON BOULEVARD PHASE I CIP 2-925,,,
these plans being on file in the Office of Real Estate Department of Public
Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made on behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of December 1986.
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12/9/86
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Item III-H.8.
CONSENT AGENDA ITEIA # 26618
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 36th Street
to Albic, Inc. t/a Sheraton Beach Inn, its assigns
and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encorachment when
notified by the City, at no expense to the City.
2. The owner agreees 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 bepome unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Divison.
6. Prior to issuance of a highway permit, the owner or
his agent must post a Performance Bond and show
proof of a public liability (minimum $300,000).
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
APPROVED AS TO CONTENT
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF 36th
STREET TO ALBIC, INC.
TRADING AS SHERATON BEACH
INN, ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Albic, Inc. trading as Sheraton Beach Inn, its assigns
and successors in title is authorized to construct and maintain a
temporary encroachment into the right-of-way of 36th Street.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a cinderblock
enclosure to house a trash compactor and that said encroachment
shall be constructed and maintained in accordance with the City
of Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as 36th Street, on the
certain plat entitled: " LOTS 2
THRU 6 BLOCK 82 MAP OF VIRGINIA
BEACH DEVELOPMENT COMPANY NOW OR
FORMERLY ALBIC, INC. DB 1239 PAGE
544 ZONE H-2,11 a copy of which is
on file in the Department of Public
Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Albic, Inc. trading as Sheraton Beach Inn, its
assigns and successors in title and that within thirty (30) days
after such notice is given, said encroachment shall be removed
from the City's right-of-way of 36th Street and that Albic, Inc.
trading as Sheraton Beach Inn, its assigns and successors in
title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Albic, Inc. trading as Sheraton Beach Inn, its
assigns and successors in title shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Albic, Inc. trading as Sheraton
Beach Inn executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of December 1986
CLL/tap
11/07/86
CA-86-02034
(encroach\sheraton.ord)
2
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Item III-H.9.
CONSENT AGENDA ITEM # 26619
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way known as
Military Highway to Duron, Inc., their assigns and
successors in title.
1 . The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agreees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner 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
Divison.
6. Prior to issuance of a highway permit, the owner or
his agent must post a Performance Bond and show
proof of a public liability (minimum $300,000).
7. No open cut of a public roadway shall be allowed
except under exteme circumstances, such exceptiosn
shall be submitted to the HIghway Division for
final aproval.
8. The owner agrees to connect to sanitary sewer
facilities when they become available fronting the
referenced proerpty
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
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY KNOWN AS
MILITARY HIGHWAY TO
DURON, INC., THEIR
ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Duron, Inc., their assigns and successors in title are
authorized to construct and maintain a temporary encroachment
into the right-of-way known as military Highway.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 211
P.V.C. sanitary sewer force main to serve Duron Paints' proposed
site and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, aligriment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Military Highway, on the
certain plat entitled: "SKETCH
SHOWING FORCE MAIN LOCATION FOR
DURON PAINTS & WALCOVERINGS," a
copy of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the city of
Virginia Beach to Duron, Inc., their assigns and successors in
title and that within thirty (30) days after such notice is
given, said encroachment shall be removed from the city's
right-of-way known as Military Highway and that Duron, Inc.,
their assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Duron, Inc., their assigns and successors in
title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses and expenses including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising
out of the location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Duron, Inc. executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of December 1 9 86
APPROVED AS TO C0.14TENT
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CITY ATTORT,'EY
CLL/tap
10/29/86
CA-86-02027
(encroach\duron.ord)
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- 39 -
Item III-G.10
CONSENT AGENDA ITEM # 26620
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, Ctiy
Council ADOPTFD:
Ordinance auppointing Viewers in the petition of
Dominion Building Corporation for the closure of a
portion of Dwyer Road.
Beginning at a point on the northern right-of-way
line of Dwyer Road 455-511 west of the south western
corner of the intersection of Dam Neck Road and Dwyer
Road, which point is hereby known as the point of
beginning; thence running S 06 degrees 03' 0411 W
22.13' to a point, thence continuing S 23 degrees 13'
1511 E 20.061 to a point on the southern right-of-way
line of Dwyer Road; thence running in a southerly
direction along the southern right-of-way line of
Dwyer Road along a curve A=121.721, R=696-41' to a
point; thence continuing S 81 Degrees 01' 02" W
77.871 to a point; thence continuing along a curve
A=232.741, $= 1449-58' to a point; thence continuing
N 89 degrees 571 01" W 563-80' to a point; thence
continuing along a curve A=223.271 R=412.261 to a
point; thence continuing S 59 degrees 111 0911 W
277-471 to a point; thence continuing along the curve
A=204-05', R=790.54' to a point; thence continuing S
73 degrees 581 3011 W 197.63' to a point; thence
continuing along the curve A=474-59', R=529-45' to a
point; thence continuing N 54 degrees 39' 5711 W
340-54' to a point; thence continuing along the curve
A=69.98', R=96-33' thence turning and running N 06
degrees 171 2711 west 40-00' to a point on the
northern right-of-way line of Dwyer Road; thence
turning and running along the curve A=99.04',
R=136-33' to a point; thence continuing S 54 degrees
39' 5711 E 340-54' to a point; thence running along
the curve A=438.741, R-489-45' to a point; thence
continuing N 73 degrees 581 3011 E 197.63' to a point;
thence continuing along the curve A=193.73'p R-
750.541 to a point; thence continuing N 59 Degres 111
0911 E 27-47' to a point; thence continuing along the
curve A=244-94', R=452.26 to a point; thence
continuing S 89 degrrees 47' 01 " E 563-80' to a
point; thence continuing along the curve A=226-321,
R=1409.58' to a point; thence continuing N 81 degrees
01' 0211 E 77.871 to a point; thence continuing along
the curve A=122.621, R-656-41 to the point of
beginning. The foregoing property is more
particularly described on a certain plat showing a
portion of Dwyer Road to be closed.
- 40 -
Item ITI-H.10
CONSENT AGENDA ITEM # 26620 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Ilarold 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
ORDINANCE APPOINTING VIEWERS
WHEREAS, Dominion Building Corp. has given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the ; day of ii , .@', @-I -1
198-1 apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter-described portion
ot that certain street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Tr.
and David hrral are hereby appointed to view the
below-described property and report in writing to the Council on or
before , whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
SEE ATTACHED EXHIBIT
All the above as shown upon that certairi plat entitled,
"A PORTION OF DWYER ROAD TO BE CLOSED"
-1
which plat is attached hereto and made a part hereof and intended to
be recorded with the Ordinance cjosing the aforedescri.bed street.
EXHIBIT A
BEGINNIIIG at a point on the Northern Right-of-Way line of Dwyer
Road 455.511 West of the South Western corner of the intersection
of Dam Neck Road and Dwyer Road, which point is hereby known as
the point of beginning; thence Kunning @ 06 0 031 0411 W 22.131 to
a point, thence continuing S 230131 15" E 20.061 to a point on
the Southern Right-of-Way line of Dwyer Road; thence running in a
Southerly direction along the Southern Right-of-Way line of Dwyer
Road along a c rve A=121.72' , R=696.411 to a point; thence
continuing S 81 oil 0211 w 77.87' to a point; thence continuing
along a curve A=232.74', R=1449.58' to a point; thence continuing
N 890 471 0111 W 563.801 to a point; thence continuing alonc6a
curve A=223.27' R=412.261 to a point; thence continuing S 59 ill
0911 W 277.471 to a point; thence continuing along the curve
A=204.05', R=790.541 to a point; thence continuing S 730581 3011
W 197.631 to a point; thence continuing along the curve
A=474.59', R=529.451 to a point; thence continuing N 54039' 57"
W 340.541 to a point; thence continuing along the curve A=69.98',
R=96.33' thence turning and running N 06 0 171 2711 W 40.001 to a
point on the Northern Right-of-Way line of Dwyer Road; thence
turning and running along the 0curve A=99. 04' , R=136. 331 to a
point; thence continuing S 54 39' 57" E 340.541 to a point;
thence running along the curve A=4 3 8. 7 41 , R=4 8 9. 4 51 to a point;
thence continuing N 73 0 58' 30" E 197.63' to a point; thence
continuing along the curve A=193.731, R=750.541 to a point;
thence continuing N 59@ 111 09" E 277.471 to a point; thence
continuing along the curve A=244.941, R=452.26 to a point; thence
continuing S 89 471 01" E 563.801 to a point; thence continuing
along the curvg A=226.32' , R=1409.58' to a point; thence
continuing N 81 0 01' 02" E 77.87' to a point; thence continuing
along the curve A=122.62', R=656.41 to the point of beginning.
The foregoing property is more particularly described on a
certain plat showing a portion of Dwyer Road to be closed.
- 41 -
Item III-H.11.
CONSENT AGENDA ITEM # 26621
Attorney James Evans, represented the applicant
Garland Layton, resident of Lauderdale Avenue, spoke in OPPOSITON
Upon motion by Councilman Heischober, seconded by Councilman Fentress, Ctiy
Council ADOPTED:
Ordinance appointing Viewers in the petition of
William L. and Anne P. Page for a portion of
Lauderdale Avenue.
The portion of Lauderdale Avenue, west of Garson
Avenue which adjoins lot 17-20 in Chesapeake Park
(M.B.4, P-47) see attached survey for a more
particular description. All of the above as shown
upon that certain plat entitled, "Plat of a Portion
of Lauderdale Avenue, adjacent to Block 16,
Chesapeake Park, to be closed and vacated by the
City of Virginina Beach, Virginia", which plat is
attached thereto and made a part hereof and
intended to be recorded with the Ordinance closing
the aforedescribed street.
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
ORDINANCE APPOINTING VIEWERS
WHEREAS, William L. and Anne P. Page has given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 22 nd day of pec,@r
198 6 , apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter-described portion
of that certain street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. nr;il lamhprt- .]r Rohprt Srntt
and David Grochmal are hereby appointed to view the
below-described property and report in writing to the Council an or
before Iwhether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more
particularly described as follows: that portion of Lauderdale
Avenue, west of Garrson Avenue which adjoins lot 17-20 in Chesapeake
Park (M.B. 4, P. 47) see attached survey for a more particular description
---
All of the above as shown upon that certain plat
entitled, "Plat of a Portion of Lauderdale Avenue, adjacent
to Block 16, Chesapeake Park, to be Closed and Vacated bv
the City of Virginia Beach, virginia", which plat is attached
hereto and made apart hereof and intended to be recorded with
the Ordinance closing the aforedescribed street.
AF 19153-
GARRSON AVENUE
(50'RIW) (UNIMPROVED) (FOUND)
S 19 -47'26"W PIN-@ 20
0
co
LLJ
LLJ
CED) 00
(FOUND) PIPE
REFERENCES:
M.B.4, P 47 LOTS 17, 18, 19 C 20, BLOCK 16, CHESAPEAKE PARK
NOW OR FORMERLY THOMAS C. SHUBERT, JR. @ JANE K. SHUBERT (D. a 1161, P 476)
M. S. 157, P 9LOT A, RESUBDIVISION OF LOTS 15 AND @6, AND THE CLOSED PORTION OF LAUDERDALE
AVENUE ADJACENT, CHESAPEAKE PARK
NOW OR FORMERLY HERBERT E. PORTER C NANCY J. PORTER (D. B. i4si, P 642)
M.B. 176, P 23 4708 C 4710 LAUDERDALE AVENUE, A CONDOMINIUM (D. B. 2316, P 593)
NOTES
1. AREA OF A PORTION OF LAUDERDALE AVENUE TO BE CLOSEI) AND VACATED 8705 SQ. FT.
2, MERIDIAN SOURCE: M.B. 157, P 9.
PLAT
OF
A PORTION OF
LAUDERDALE AVENUE
AD,JACENT TO BLOCK 16
CHESAPEAKE PARK(th-13.4, P 47)
TO BE CLOSED AND VACATED
BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
BAYSIDE BOROUGH -- VIRGINIA BEACH, VIRGINIA
SCALE: I "= 50' 1 JANUARY 28, 1986
F?QUSE - SIRINE ASSC)C/.ATES, L-TD.
SUORVEYORS AND E:NGINEERS
VI)ROINIA BEACH; VIRGINIA
J.0. 3938-x PS. 170 P. 8
- 42 -
Item III-J.12a.
CONSENT AGENDA ITEM # 26622
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVED:
BINGO/P,AFFLE PERMITS:
Kellam Band Parents Association Bingo
Residents Association of Westminster-Canterbury Bingo
Star of the Sea School Bingo/Raffle
Aragona Community Recreation Center Bingo/Raffle
Men's Club of St. Gregory The Great Catholic Church Bingo/Raffle
Church of the Ascension Bingo/Raffle
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
- 4J -
Item III-H.12.b.
CONSENT AGENDA ITFIL # 26623
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council APPROVFD:
BINGO/RAFFLE PERMITS:
Virginia Beach General Hospital Auxiliary, Inc. Raffle
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 Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Vice Mayor Meyera E. Oberndorf VERBALLY ABSTAINED on Item III-H.12 portion
related to the RAFFLE PERMIT to Virginia Beach General Hospital Auxiliary, Inc.
Vice Mayor Oberndorf is a Member of said Auxiliary.
- 44 -
Item III-I.
APPOINTMENTS ITEM # 26624
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
25TH ANNIVERSARY CELEBRATION C014MITTEE
BOARD OF BUILDING CODE APPEALS
Building Maintenance Division
Electrical Division
New Construction Division
Plumbing & Mechanical Division
CONSTITUTION DAY COMMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
- 45 -
Item III-J.1.
UNFINISHED BUSINESS ITFII # 26625
BY CONSENSUS, the City Council AUTHORIZED:
The ABSTRACT OF VOTES in the Special Election for
Member of the House of Delegates December 9, 1986
to be made a part of the proceedings of the Formal
Session of December 22, 1986.
ABST)ZACT OF VOTES cost in the CountylCity of Vircrinia Beach Virginia,
at the December 9, 1986 Special Election for
ER OF THE HOUSE OF DELEGATES
Eighty-first DISTRICR
Total Vot@s
Recei,,ed
Names of Candidates (in Figum)
Glenn R. Croshaw 2,971
Melvin M. Spence 2,274
d Davin 1
Barbara Henley I
Norie of the above I
Buster O'Brien 1
lVe, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on Decernber 9, 1966 do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for Member of the House of Delegates.
Given under our hands this tenth day of December, 1986.
Chairman
Vice Chairt7ian
A copy lesce: Secretary
Secretary, Electoral Board
- 46 -
Item III-K.1
NEW BUSINESS ITF24 # 26626
ADD-ON
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance declaring certain property EXCESS and
authorizing the City Manger to dispose of same:
That portion of the City's parcel known as 345
located on Virginia Beach Boulevard, and indicated
by the hatched-area on that certain plat entitled:
'IR/W ACQUISITION PLAT PARCEL 345, VIRIGNIA BEACH
BOULEVARD FOR THE CITY OF VIRIGNIA BEACH, VIRGINIA
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA,
SCALE: 1" = 40', DATE: February 198111 and
prepared by Marsh and Basgier, Incorported, P.C.,
Engineers - Surveyors - Planners, 101 North Plaza
Trail, Virginia Beach, Virginia 23452, a copy of
which is on file in the Department of Public Works
and to which reference is made for a more
particular description.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Hobert 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
AN ORDINANCE Dl-:CT,ARING
CERTAIN PROPERTY EXCESS
AND AUTHORIZING THE CITY
MANAGER TO DISPOSE OF
SAME
BE IT ORDAINED BY THE COUNCIL OF Tli- CITY OF VIRGINIA
BEAi--H, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership
of tlie foll-owing described property by Certificate Number 356
rec,Drded in Deed Book 2128, at page 724, and this acquisition by
con,iemnation was confirmed by order of the Circuit Court of the
Cit@ of Virginia Beach on January 22, 1982 at Law Numbers L11730A
and 11791; and
WHEREAS, the City intended to locate a pump station on
the following described property; and
WHEREAS, L & S, a Virginia General Partnership, owns
the property surrounding the following desc-ibed property; and
WHEREAS, L & S desires to purchase that portion ot the
following dcscribed property that is not taken by the
Com,monwealth of Virginia for the purpose of the Virginia Beach
Boulevard expansion; and
WHEREAS, the City agrees to locate the pump station on
the existing Parker Lane Site; and
WIfEREAS, L & S agrees to reimburse the Ci.ty for certain
expenses 'Incurred at the original pump station site and for
expenses incurred for relocating water service lines, gas main,
and other existing utilities; and
WHEREAS, L & S agrees to dedicate the necessary
temporary construction easements east of thc@ "temporary
relocated" Parker Lane on L & S properties; and
WHEREAS, L & S agrees to install a "temporary"
relocated Parker Lane to handle the City's interim needs pending
the forthcoming permanent improvements on relocated Parker Lane
to be completed by the Commonwealth of Virginia; and
WIIEREAS, the -,ity Council is c)i- ti-ic opiiiion that the
following described property is in excess of the needs of the
City of V.irginia Beach.
NOW, THEREFORE, be it ordained by the C,)uncil of the
Cit,i of Virginia Beach, Virginia;
1. That the followi.ng described property is hereby
declai-ed to be in excess of the needs of tlie City nf Virginia
Bea,2h and that the City Manager is aiithorized to convey said
pro,oerty in the manner he deems in the best interests of the City
of virginia Beach reserving there@@n any and a'@l easements
pertaining thereto, and further that such proporty to be declared
in @xcess of the needs of the City is more particularly described
as follows:
That portion of the City's parcel
known as 345 located on Virginia
Beach Boulevard, and indicated by
the hatched-area on that cortairi
plat entitled: "R/W ACQUISITION
PLAT PARCEL 345, VlR,3INIA BEACH
BOULEVARD FOR THE CITY OF VIR-1@@IA
BEACH, VIRGINIA LYNNHAVEN BOROUGH-
VIRGINIA BEACH, VIRGINIA,
SCALE: 1" 40', DATE: February
198111 and prepared by Marsh and
Basgier, Incorporated, P.C.,
Engineers surveyors - Planners,
101 North Plaza Trail, Virginia
beach, Virgin-'@a -41@)452, a copy --f
which is on file in the Department
of Public Works and to which
reference is made for a more
particular description.
2. The property described above shall- be assembled
with the property surrounding it and owned by L & S, a Virginia
General Partnership. Furthermore, the boundary line separating
the parcel to be conveyed to the surrounding property owned by
L & S shall be vacated and iiicorporited irto cne (1) 1,--)t.
3. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach on
the 22 day of December 1986.
This ordinance was adopted by an affirmative vote of
three-fourths (3/4) of the members of Ci.ty Council.
CLL/tap
09/'16/86
11/03/86
12/02/86
DF-86-01199 and CA-86-01942
(encroach\excess.ord)
MEMORANDLJM OF AGREEMFNT
Tt[IS AGREEMENT dated this 28th day of October, !986 by and
between Surf & Sand, Inc., a Virginia Corporation (hereinaftar referred
to as "Stirf & Sayid"), 1, & 1, a Virginia General Partnership (hereinafter
referred to as "L & S"), the City of Virginia Beach, a murticipal cor-
poration in the Commonwealth of Virginia (hereinafter referred to as the
"City"), and the Virginia Dctpartment of Highways and Transportation
(hereinafter referred to as "VDHT").
W I T N E S S E T H:
WHEREAS, the City of Virginia Beach intends to relocate the
puir.,) station near the intersection of Parker Lane and Virginia Beach
Boulevard in tlie London Bridge area of the Lynnhaven Boroiigh of the City
of Virginia Beach and simultaneously therewith relocate Parker Lane in
ordc, that Parker Lane will be aligned with Huttorl Lane across Virginia
Beach Boulevard, and further intends to locate and oonstruct a median
cut on Virginia Beach Boulevard at the aforesaid intersection of Parker
Lai-te and Virginia Beach Boulevard; and
WHEREAS, the City of Virginia Beach intended to locate a
pump statiori on the parcel known to the City as Parcel 345; and
WHEREAS, Surf & Sand desires to purchase a portion of Parcel
3@'@, dnd has requested that the pump station be relocated; and
WHEREAS, the City and VDHT do not object to the foregoing;
and
WHEREAS, Surf & Sand and L & S concur in this determination and
have agreed to several conditions which are set forth rierein to accom-
modate the City's plans with regard to the relocation of the pump
station; and
WHEREAS, the signatories to this Agreement are authorized to
execute this document and to effectuate the understanding of the par-
ties.
NOW, THEREFORE, in consideration of the following mutual cove-
nfi,nts and conditions, the adequacy of which is hereby acknowledged, the
pf;Lrties hereto do hereby covenant and agree as follows:
1. The City agrees to the relocation of the proposed pump
station and shall construct same on existing Parker Lane rather than on
Parcel 345 as originally planned, and the City agrees to declare the
portion of Parcel 345 that is not taken by the Commonwealth of Virginia
fcir the purpose of the Virginia Beac", Boulevard road expansion as excess
pi-operty (the "Balance"), and to sell and convey the Balance to Surf &
Siind.
2. The City agrees to proceed with due diligence toward the
completion of the pump station, and VDHT agrees to proceed with due
diligence toward completion of Relocated Parker Lane.
3. VDHT agrees that Parker Lane will be relocated in
a(,,cordance with drawings on file with the State Highway Department, and
it agrees to install a median cut in Virginia Beach Boulevard at the
point where llutton Lane and Parker T.line are to be aligned.
4. The City agrees to sell by warranty deed and Surf & Sand
agrees to purchase the Balance of Parcel 345 from the City at a square
footage price computed at the cost to the City for the acquisition of
the property, or a value of Ninety-Three Thousan(i Four Hundred Dollars
-2-
($93,400-00) for one-half acre, whichever is less.
5. (a) Surf & Sand agrees to reimburse the City for sur-
v(-,ying, en6,ineering, extra boring sample costs, a-nd moving a 211 water
line in existing Parker Lane; provided however, such costs shall not
exceed $6,670.00 and shall be documented by the City for tlie benefit of
Surf & Sand at such time as t'.e City requests payment from Surf & Sand.
(b) In addition, should the City incur costs f.,om Virginia
Natural Gas for the relocation of a 2" gas line in Parker Lane, a-nd pay
same, Surf & Sand agrees to reimburse the City for said relocation,
provided that the cost of same does not exceed $3,450.00.
6. L & S agrees to proceed with due diligence toward the
construction and installation of a "temporary" road iinmediately to the
west of the proposed Relocated Parker Lane, as shown on the State
flighway Department drawings on file with the City and bear the costs
thereof. Said road will be approy: ,lately 30 feet wide at its intersec-
tion with Virginia Beach Boulevard tapered back to 22 feet wide and
constructed in a manner sufficient to accommodate the City's interim
needs pendingthe forthcomingpermanentimprovementsonRelocatedParker
Lane to be constructed and completed by VDHT. Said "temporary" improve-
ments will remain in place until a site plan for Parcel 345 or the pro-
perty contig-uous to Parcel 345 is approved, or Relocated Parker Lane is
completed, whichever first occurs.
7. L & S agrees to dedicate the necessary temporary construc-
tion east,iiients to the City, east of the "temporary" relocated Parker
Lane and on the property of L & S, in order to accommodate the construc-
tion of the pump station and the "temporary" relocated Parker Lane. The
-3-
te.mporary construction easements shall terminate upon the completion of
the piimp station or the passage of twenty-fowir (24) months from the date
hereof, whichever first occurs. In the event said construction is not
completed wit@.@n twenty-four (24) months of this Agreement, the City may
extend these easements six (6) months by sending written certified mail
notice thereof to Lawrence R. Siegel, 1000 Sovran Bank Building, One
Columbus Center, P.O. Box 61888, Virgiriia Beach, Virginia 23462, at
least thirty (30) days prior to the expiration of the aforesaid twenty-
four (24) month period.
8. The parties agree that any and all easements granted herein
in connection herewith shall terminate ab initio upon the purchase,
vciluntary or otherwise, of the property effected by said easements by
either the Commonwealth of Virginia or the City of Virginia Beach or
their agents or assigns.
9. This Agreement constitutes the entire understanding of the
parties and shall not be altered or modified except by similar written
instrument.
10. This Agreement having been entered into in the State of
Virginia shall be governed and construed according to its laws.
WITNESS the following signatures and seals:
Surf & Sand, Inc.,
a Virginia Cor rat@r
By
Lawrence R. Siegel, Vice President
L & S. a Virginia General
Partnership
By
Lawrence R@. Siegel, Gei Partner
-4-
CITY OF VIRGINIA BEACH
By
Thomas H. Muehlenbeck,
City Manager
Virginia Department of Highways and
Transportation
By
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Lawrence R. Siegel, Vice
President of Surf & Sand, a Virginia corporation, whose name is signed
to the foregoing Agreement, has acknowledged the same before me, this
day of 1 1986.
GIVEN under my hand, this day of 1986.
Notary Public
My Commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Lawretice R. Siegel, General
Partner of L & S, a Virginia General Partnership, whose name is signed
to the foregoin6 Agreement, has acknowledged the same before me, this
-5-
day of 1986.
GIVEN under my hand, this _ day of 1986.
Notary Public
My Commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Thomas H. Muehlenbeck, City
Manager of the City of Virginia Beach, Virginia, whose name is signed to
the foregoing Agreement, has acknowledged the same before me, this
day of -1 1986.
GIVEN under my hand, tms day of 1986.
Notary Public
My Commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that -1
of Virginia Department of Highways and Transportation, whose name is
signed to the foregoing Agreement, has acknowledged the same before me,
tliis _ day , @ 1 1986.
GIVEN under my hand, this _ day of 1986.
Notary Public
My Commission expires:
NI,ITT / 62 4 1. 1. C
-6-
%
8"
4.3 Ac
12.1 Ac.
EXIST 20.0 Ac.
4.
SED
PARCEL SITE
ISTING C.
R LANE
PA K R
Li - LA E
5.5 AC.
RECOMMENDED
PUMP STATION SITE
ON EXIST. PARKER LANE
C'@TY OF VIRGINIA BEACH
PARCEL 345
OND
U1/2NER Slk GALATIAD CONP
TAKE AftEA 22,500 $(j. Ft 0517 AC;es L)EEI) DUC)I( 1702 PAGF@
fifs1i)UE - 0 Sq Ft 0 Ac,.N
rC)TAL AHLA - 22,!)Do Sq, rt 0517 Act.s
TEMP. CulYST- 0 Sq. Ft, 0 Acres
1. Tti)S PLAT BASED ON VIRGINIA BEACH BOULEVAiio
PLAiY$, PkCii ECT CJC)5d - 134 - IOJ , nw - 2ul , C- 503, $,IEETS 50A, 5 lAk j,
2 THIS PLAT IS FOk ACQUISITION PURPC)SES ONLY
AIYL) IS IWL)T INI'ENDED TO kePRESENT A BOUNDAT?Y
-Sut,
Approved: 0- @g@A Date:
cl,,ector ut P.i)ilc wo,h.. C,ty ot Virgintu b"ct,, V,rgi,,iu
(S 87'-27'- i2" W [-,E ED
Proposed RIW
r)
PARCEL 348 ow
PARCEL
------- L- 344
P,,opobv, /W
0 PARCEL .3 4 5
Existirig RIW
( N 67' 27'- i2 E DEED
(ttiwY)N 6(C),
31, - ,,3 L C)"
00
41 (lilwy) N 1 7 7'
Proposd Const. J. E. Li L.
VIRGINIA BEACH BOULEVARD (VANIALILE WIDTH
be (,Lj,, U(,
RIW ACQUISITION PLAT
PARCEL 345,VIRGINIA BEACH BOULEVARD
FOR
THE CITY OF VIRGINIA BEACH, VIRGIIVIA
LYNNHAVEN BOROUGH-VIRGINIA BEACH,VIRGINIA
SCALE; I . . 40' FEBRUARY , 1981
MARSH and BAS-UIER P C
ENGINEENS- SukVEYOHS-PLAtvlyt:kS
iO@ IYOHTti PLAZA THAIL
VIRGINIA BEACH,VIHGIIYIA 2,i-452
REVISCI) Akc1l ItS,
Item IIT-L.1
ADJOURNMENT ITEM 26627
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 12:46 P.M.
Chief Deputy City Clerk
,Kuth Hodge6 Smith, CMC
City Clerk
City of Virginia Beach
Virginia