AUGUST 11, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
:ITY (@OUNCIL
IAYOR ROBERT G. ]ONES, At L.,,
I(:F. MAYOR MEYERA E OBERN@RR, Al
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MUNICIPAL CENTER
U7 H tiOI)GES SMITH, CMC. Cil, Cl-k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
(80@) 427-4303
August 11, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM 1. INFORMAL SESSION: VIRGINIA REACR CITY COUNCIL Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF CITY COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFINGS
1. Computerization of Traffic Signals
2. 19th Street Parking
DOME Landscape and Site Improvement Project
E. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend Eugene R. Woolri.dge, Jr.
Virginia Beach United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUOCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. Approval of City Council Minutes of August 4, 1986.
F. PRESENTATIONS
1. AAA Pedestrian Safety Award For Excellence
G. PUBLIC HEARING
1. PLANNING ITEMS - BY CONSENT
a. Application of Avalon Church of Christ for a
Conditional Use Permit for a church addition at 844
Toodstock Road, containing 5.3771 acres (Kempsville
Borough).
Recommendation: APPROVAL
b. Application for Trustees Emmanuel Lutheran Church for a
Conditional Use Permit for a pre-school at 301
Lynnshore Drive, containing 1.56 acres (kempsville
Borough).
Recommendation: APPROVAL
c. Application of Acquisition, Inc. for a Conditional Use
Permit for mini-warehouses on certain property located
on the north side of Newtown Road, 500 feet west of
Broad Meadows Boulevard, containing 2.954 acres
(Bayside Borough).
Recommendation: APPROVAL
d. Application of Thelmond and Kay Hinson for a
Conditional Use Permit for outside storage located
2,160 feet more o less west o@London Bridge Road, 950
feet more or less south of the interse-2tion of Bowland
Parkway, Lot 6, London Bridge Industrial Park 11,
containing 4.46 acres (Lynnhaven Borough).
Recommendation: APPROVAL
e. Application of J. Brock Nelson/Liberty Nissan, Ltd. for
a Conditional Use Permit for new and used automobile
sales and service at 3757 Bonney Road, containing 3.47
acres (Lynnhaven Borough).
Recommendation: APPROVAL
2. PLANNING ITEMS
a. Application of Dennis P. Murtland for a Conditional Use
Permit for a Jiffy Lube located on the south side of
Indian River Road, 300 feet, more or less, east of
Kempsville Road, containing 23,914 square feet
(Kempsville Borough).
Deferred by City Council on July 14, 1986
Recommendation: DENIAL
b . Application of Hubert L. and Mona H. Dail for a Change
of Zoning from R-8 Residential District to 0-1 Office
District at 2724 Ansol Lane on Lots 8 and 9, Block 10,
Lynnhaven Village, containing 15,000 square feet
(Lynnhaven Borough).
Recommendation: DENIAL
C. Application of Ellis G. and Ingeborg A. Holloway for a
Change of Zoning from R-5 Rpsidential District to B-2
Community-Business District at 263 N. Lynnhaven Ro d@,
containing 33,759 square feet (Lynnhaven Borough).
Recommendation: DENIAL
d. Application for Claudine S. Camper for a Conditional
Use Permit for an automobile repair center at 1724
Laskin Road, containing 19,115 square feet (Lynnhaven
Borough).
Recommendation: DENIAL
e. Application of Tidewater Westminster Homes, Inc. at 709
Aragona Boulevard, containing 1.43 acres, (Bayside
Borough):
Variance to Section 4.4(b) of the Subdivision
Ordinance which requires that lot dimensions conform to
the Comprehensive Zoning Ordinance;
AND,
Conditional Use Permit for apartments [or the elderly.
Recommendation: DENIAL
f. Ordinance to AMEND and REORDAIN the Comprehensive
Zoning Ordinance pertaining to Article 1, Section
107(f) - amendments.
Deferred by City Council on June 23, 1986.
Recommendation: APPROVAL
H. ORDINANCES
1. Ordinance to authorize the First Assembly of God Ghurch to
hold 29.237 acres of land in the City of Virginia Beach.
2. Ordinance declaring certain property EXCESS on South
Birdneck Road and authorizing the City Manager to
dispose of same.
3. Ordinance to transfer $589,550 from CIP #3-950 (Juvenile
Court Building) and #3-958 (Correction Center Study) to
CIP#3-807 for two additional microwave dishes, RADIO TOWER.
4. Ordinance granting a franchise to Triton Towers Associates
to operate an open air/boardwalk cafe and authorizing and
directing the City Manager to execute a franchise
agreement, subject to the conditions contained and/or
referenced.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Ordinance to AMEND and REORDAIN Section 2-120, of the Code
of the City of Virginia Beach, pertaining to extended SICK
LEAVE.
2. Ordinance upon SECOND READING to accept and appropriate
from the Virginia Department of Mental Health and Mental
Retardation to the Virginia Beach Department of Mental
Health, Mental Retardation and Substance Abuse:
a. $69,947 for a Day Treatment for Older Adults;
b. $79,211 for continuation of Day Treatment Program for
Emotionally Disturbed Children;
C. $33,333 for enhanced Mental Health Case Management;
d. $228,057 for enhanced Mental Retardatic3n Program.
3. Ordinance upon SECOND READING to accept and appropriate
$10,122 from the Virginia Department of Social Services to
the Virginia Beach Department of Social Se,rvices;
AND,
To transfer $2,530 from the General Reserve for
Contingencies to the Social Services Budget Unit:
For the pre-grant phase of the Aid to Families with
Dependent Children (AFDC) Program.
4. Ordinance upon SECOND READING to accept and appropriate an
entitlement grant of $1,785,000 plus program income of
$50,000 from the Department of Housing and Urban
Development to the Community Development Twelfth Program
Year, ($1,835,000).
5. Resolution authorizing the City Manager to sign the right-
of-way entry for survey and exploration to test for
hazardous wastes on the former Nike site properties now
owned by the City of Virginia Beach.
6. Ordinance to authorize a temporary encroachment into
portions of the rights-of-way of Bay Drive, Cavalier Drive,
Pinewood Road, and Ridge Road to Princess Anne Country
Club, Inc.
7. Ordinance to authorize temporary encroachments into
portions of the City's drainage easement and right-of-way
known as Onondaga Road to Earnest L. Hudson and Phyllis
Anne Hudson.
8. Ordinance authorizing tax refunds in the amount of
$6,909.44.
J. APPOINTMENTS
1. Citizen's Advisory Committee
2. Community Corrections Resource Board
3. Tidewater Regional Group Home
4. Virginia Beach Development Authority
5. Wetlands Board
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. Cancel/Reschedule Meeting of September 1, 1986 (City
Holiday) LABOR DAY.
2. Cancel/Reschedule Meeting of September 22, 1986 (Virginia
Municipal League Conference).
M. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 11, 1986
The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday,
August 11, 1986, at 12:35 P.M-
Council Members Present:
John A. Baum, Albert W. Balko, 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 Absent:
Vice Mayor Meyera E. Oberndorf (ENTERED: 12:37 P.M.)
- 2 -
C 0 N C E R N S 0 F C I T Y C 0 U N C I L
VIRGINIA HIGHWAY AND
TRANSPORTATION CONk'EHENCE ITEM # 25797
Councilwoman Parker referenced the VIRGINIA HIGHWAY AND TRANSPORTATOIN
CONFERENCE at Virginia Military Institute.
Vice Mayor Oberndorf advised only one representative need attend.
INDUSTRIAL DEVELOPMENT
AUTHORITY BRIEFING ITEM # 25798
The City Manager referenced the BRIEFING scheduled by the VIRGINIA BFACH
INDUSTRIAL DEVELOPMENT AUTHORITY for Tuesday, August 12, 1986, at 10:00 A.M.
had been CANCELLED.
WATER SITUTATION ITEM # 25799
Councilman Balko requested a weekly update concerning the City's Water
situation. Councilman Balko expressed appreciation for the one dated July
Twenty-fifth.
The City Manager advised he would forward same to City Council.
VIRGINIA OBESERVER ITEM # 25800
Mayor Jones advised his letter in response to the inflamatory article in the
VIRGINIA OBSERVER concerning violation of grave sites would serve as an answer
to all correspondence received by the various Members of City Council.
Councilman Baum referenced the graves of "slaves'? and advised some portion of
same might not be suitable for any kind of development.
Councilman Perry referenced a telephone conversation with Mrs. Harrison and
advised she has memory of not more than six individuals being buried in this
particular site.
- 3 -
MAT T E R S BY T HE MAYOR
CONFLICT OF INTEREST ITEM # 25801
Mayor Jones advised he had requested the City Clerk compile a list on the
SYNTREX's WORD PROCESSER for each Council Member's campaign contributions as
well as their various business connections derived from the CONFLICT OF
INTERESTS Disclosure Forms. Said campaign filings were procured from the VOTER
REGISTRAR.
Each week, this list would search the AGENDA to determine if any Member of City
Council may have a CONFLICT.
TWO-SIDED AGENDA ITEM # 25802
BY CONSENSUS, Members of City Council will receive their Agenda printed on both
sides (back/front) for future City Council Meetings.
PENDLETON GOLF COURSE ITEM # 25803
Mayor Jones advised the City Manager and Councilman Fentress will be traveling
to Richmond to plea on behalf of the City for utilization of the CAMP PENDLETON
GOLF COURSE.
CABLECASTING OF CITY-
COUNCIL ITEM # 25804
Mayor Jones advised the CITY COUNCIL REPORTS PROGRAM will be initiated
Wednesday evening, August 13, 1986.
Councilman Baum advised he would not be able to participate and as he assumed
same was voluntary.
- 4 -
INFORMAL SESSION
PRESENTATION
COMPUTERIZATION OF TRAFFIC SIGNALS
August 11, 1986
12:48 P.M.
The City Manager introduced C. Oral Lambert, Director of Public Works, who
reiterated a report on COMPUTERIZATION OF TRAFFIC SIGNALS.
The Utilization of Traffic signals is an important tool and can assist in
providing orderly and safe movement of vehicular traffic on a highway, if the
utilization of the signal is warranted. If not warranted, same can become a
nuisance and a potential traffic hazard.
The decision to utilize a traffic signal is not by requests, but by the
standards established by the Federal manual on Uniform Traffic Control Devices,
which is developed by the Federal Highway Administration. The Federal
Highway Administration has devised 11 types of situations where if traffic
volumes or conditions meet these standards, the utilization of a traffic
signal would be an appropriate measure to deal with this situation. Currently
in Virginia Beach, there are 22 Traffic Signals in service, 19 of those are
"flashing" only and are iocated at Schools and Fire Stations. AproximatelY 44
are controlled by Computer. The majority of the traffic signals are in the
northern portion of the City. The Computer is located in the City's Traffic
Operations Facilities on Landstown Road. Present plans entail an expansion of
the computerization for an additional 119 Signals. Two Design Efforts are
required for this expansion:
1. Design of the Cable Installation - the routing
which makes the connection with the Computer at
Landstown possible (design of the hardware).
2. Design of Individual Unique Program required for
each individual location (design of the software).
Mr. Lambert further advised the three (3) Phases of the additional 119 SIGNALS:
PHASE ONE: Construction of the cable will
commence this coming Fall and will provide for
connecting all the signals in the Beach Borough,
out Laskin Road, down Virginia Beach Boulevard up
to Great Neck Road. Same will be completed in the
Spring of 1987.
PHASE TWO: This entails completing connections to
existing cables. This Phase will provide for a
tie with most of the arterial highways throughout
the City. This Design effort is expected by the
end of this year with construction of the Cable to
begin in the early part of 1987, subject to
funding being made available in the proposed
Capital Improvement Program. Construction of this
cable will require approximatley 6 to 9 months.
PHASE THREE: This represents a major design effort
and will require appoximately a year and a 'half
for completion. Implementation, bringing the
signals on line, will occur as the design is
complete. It will take another year and 'half to
complete this entire package.
All THREE PHASES should be completed by Mid-1988.
Mr. Lambert advised the COMPUTER alone would not address CAPAGITY PROBLEMS.
The future planned improvements for the City's roadways will begin to address
these problems.
- 5 -
PRESENTATION
19th STREET PARKING
DOME LANDSCAPE AND SITE IMPROVEMENT PROJECT
August 11, 1986
1:03 P.M-
The City Manager introduced Timothy E. Barrow, Chairman, Resort Area Advisory
Commission, who reiterated information relative lgth STREET PARKING AND the
DOME LANDSCAPE AND SITE IMPROVEMENT PROJECT.
The RESORT CENTER STREETSCAPE IMPROVEMENT PROJECT is a component for the
current Capital Improvement Program. Within this structure, the project has
been identified as a high priority. In the course of the RESORT ADVISORY
COMMMISSIONIS EVALUATION, the area surrounding the Dome site was noted as a
problem. The RESORT ARFA ADVISORY COMMISSION is requesting $170,000 of the
$865,000 funded be reallocated and utilized for aesthetic and functional
commitment to upgrading sidewalk, parking lots, curbing, and
treescape/landscape improvements. Essentially, it would involve the improvement
of the entrance area in front of the DOME on Pacific Avenue along all frontages
there,including the development of a Plaza Area at the entrance with additional
landscaping, street tree planting being introduced at that point. Same would
apply at the intersection of Twentieth Street and Pacific Avenue. These are
areas where the greatest visibility is involved. As part of this improvement
program, curb, gutter, and sidewalk extensions would be made along Twentieth
Street as well as on Arctic. Currently, no sidewalks exist in those areas.
This improvement would also entail the introduction of tree planting, as well
as a low hedge planting along the perimeter of the Parking Lot to provide
screening for the parking area. It would also involve an addition of street
trees being planted in the parking lot of the DOME Facility itself, as well as
an extension of that treatment along the Nineteenth Street Corridor. These
improvements are entirely consistent with the new Landscape Ordinance Provision
which the City has adopted and are now required on private projects. Another
project involves the consolidation of a portion of the "free standing signs"
around the DOME.
The RACC is simply requesting the scope of the former STREET SCAPE PROJECT be
considered to include the DOME SITE.
This proposal i.9 consistent with the visions of the RAAC and recommendations
made by the Urban Land Institute as part of the overall revitalization of the
RESORT AREA.
Councilwoman Henley requested the allocations be itemized for the current
CAPITAL IMPROVEMENT PROGRAM.
The Staff will review and make recommendations, scheduling same for a future
City Council AGENDA.
- 6 -
ITEM # 25805
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION (1:19 P.M.) 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. PUBLICITY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3.. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Perry, 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
- 7 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 11, 1986
2:20 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chambers, City Hall Building, on Monday, August 11,
1986, at 2:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Eugene R. Woolridge, Jr.
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 25806
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on
this particular item be recorded as a VERBAL NAY.
Item II-D.1 ITEM # 25807
Councilman Moss referenced an ADD-ON Item concerning assessments of
rezonings. This item wil be addressed by the Real Estate Assessor and the
Planning Department and will be added as Item L-3 under NEW BUSINFSS.
Item II-D.2. ITEM # 25808
The City Manager advised of an ADD-ON Item concerning the status of the OCEAN
LAKES project. This will be added as Item K.1 under UNFINISHED BUSINESS.
Item II-D-3 ITEM # 25809
Councilwoman McClanan referenced an application of J. Brock Nelson/Liberty
Nissan, Ltd. for a Conditional Use Permit for new and used automobile sales
and service at 3757 Bonney Road, containing 3.47 acres (Lynnhaven Borough).
(See Item II-G.l.e of the PLANNING ITEMS - BY CONSENT).
Counciwoman McClanan requested this item be pulled for further discussion.
Councilwoman McClanan also requested an explanation of the procedure
concerning the MASTER STREET AND HIGHWAY PLAN. A PUBLIC HEARING will be
SCHEDULED for the City Council AGENDA of August 18, 1986.
This item will be added as Item L. 4 under NEW BUSINESS.
Item II-D.4. ITEM # 25810
Councilman Balko referenced an Application of Thelmond and Kay Hinson for a
Conditional Use Permit for outside storage located 2,160 feet more or less
west of London Bridge Road, 950 feet more or less south of the intesection
of Bowland Parkway, Lot 6, London Bridge Industrial Park II, containing 4.46
acres (Lynnhaven Borough) (See Item II-G.l.d of the PLANNING ITFMS - BY
CONSENT).
Councilman Balko will ABSTAIN on this particular item.
9
Item II-E.1
MINUTES ITEM 25811
Upon motion by Councilman Baum, seconded by Councilman Fentre8s, City Council
APPROVED the Minutes of August 4, 1986, as AMENDED:
ITFY, # 25771, PLANNING, Page 21
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INC. FOR A CONDITIONAL USE PERMIT FOR AN
AUTO REPAIR ESTABLISHMENT, SALE AND INSTALLATION
OF TIRES R0886857
The Condtion shall correctly read as follows:
5. The impact wrench shall be URYU Model NO. UW
120E-2 with a silencer or a wrench of
equivalent impact and equal or less noise level
than 2 feet-LIV DB level of 78.
ITEM # 25772, PLANNING, Page 23
ORDINANCE UPON APPLICATION OF INTERSTATE TIRE
COMPANY, INCORPORATED FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR ESTABLISHMENT, SALE AND
INSTALLATION FOR TIRES R0886857a
The Condition shall correctly read as follows:
4. The only impact wrench which shall be operated
upon the property shall be the URYU Model NO
UW-120E-2 with silencer or an equivalent
impact wrench of equal or less noise level
rating than 2 feet DB level of 78.
See Item 25843 under UNFINISHED BUSINESS delineating an Amendment to the
MINUTES of August 4, 1986, confirming the correction of Councilman Moss's Vote
to reflect his NAY vote on Item # 25773. (Issuance of an Industrial Development
Revenue Bond to CBN UNIVERSITY in the amount of $5,000,000). An electronic
malfunction in the Voting Computer incorrectly reflected Councilman Moss's vote
as "AYE" rather than "NAY".
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
- 10 -
Item II-F.1
PRESENTATION ITEM # 25812
E. W. Timmons, Director of Public Affairs, and Ivan D. Mapp, Vice President of
the TIDEWATER AUTOMOBILE ASSOCIATION PRESENTED to the City of Virginia Beach:
A,AA PEDESTRIAN SAFETY AWARD FOR EXCELLENCE
Virginia Beach has earned the AAA's Award for Excellence for its achievement in
the prevention of pedestrian fatalities and injuries and for its outstanding
pedestrian safety program.
The City of Virginia Beach has received this award four times. The only other
City in Hampton Roads is Hampton which has received it twice.
- 11 -
Item II-F.2.
PRESENTATIONS
ADD-ON ITEM # 25813
Mayor Jones PRESENTED to Former Mayor Harold Heischober and Former Vice Mayor
Reba McClanan PLAQUES in RECOGNITION of their service and tenure.
Mayor Heischober and Vice Mayor McClanan served from July 2, 1984, to June 30,
1986.
- 12 -
Item II-G
PUBLIC HEARING ITEM # 25814
Mayor Jones DECLARED A PUBLIC HEARING:
PLANNING ITEMS
BY CONSENT
a. AVALON CHURCH CONDITIONAL USE PERMIT
b. TRUSTEES L LUTHERAN CHURCH CONDITIONAL USE PERMIT
c. ACQUISITION, INC. CONDITIONAL USE PERMIT
d. THELMOND AND KAY HINSON CONDITIONAL USE PERMIT
f. J. BROCK NELSON/LIBERTY NISSAN, LTD. CONDITIONAL USE PERMIT
PLANNING ITEMS
a. DENNIS P. MURTLAND CONDITIONAL USE PERMIT
b. HUBERT L. AND MONA H. DAIL CHANGE OF ZONING
c. ELLIS G. AND INGEBORG A. HOLLOWAY CHANGE OF ZONING
d. CLAUDINE S. CAMPER CONDITIONAL USE PERMIT
e. TIDEWATER WESTMINSTER HOMES, ING. VARIANCE/CONDITONAL
USE PERMIT
f. COMPREHENSIVE ZONING ORDINANCE AMEND Article 1, Section
107(f)
- 13 -
Item II-G.1
PUBLIC HEARING
PLANNING BY CONSENT ITEt4 # 25815
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
APPROVED in one MOTION Itesm II-G.l.a, b and d.
Item II-G.l.c. and II-G.l.e were voted upon separately.
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
Council Members Abstaining:
Council Albert W. Balko VERBALLY ABSTAINED on Item II-G.l.d.
- 14 -
Item II-G.l.a
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 25816
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance upon application of AVALON CHURCH OF CHRIST.
ORDINANCE UPON APPLICATION OF AVALON CHURCH OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R0886858
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Avalon Church of
Christ for a Conditional Use Permit for a church
addition on certain property located at the
northeast corner of Old Providence Road and
Woodstock Road. Said parcel is located at 844
Woodstock Road and contains 5.3771 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A variable width dedication is required on
Woodstock Road for an ultimate 50-foot right-of-
way.
2. One parking space per five seats in the church addition.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of August, Nineteen Hundred and Eighty-six.
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
- 14a -
STATEMENT OF CONSENT
APPLICANT: Avalon Church o'@- Christ
APPLICATION; Conditional Use Permit
DESCRIP'FION: Church Addition
CITY COUNCIL SESSION: August 11, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOZ THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS .@IOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTIO14 ON I:HIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEiqDMENT TO THE
ZONING MAP OF 'ERE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A variable width dedication is required on Woodstock
Road for an ultimate 50-foot right-of-way.
2. One parking space per five seats in the church addition.
Owner
By:
^er7Attorney/Xg n@t
Date:
Au ust 11
1 5
Item II-G.l.b
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 25817
Uon motion by Councilman Perry, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance upon application of TRUSTEES EMMANUEL LU CHURCH
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TRUSTEES OF EMMANUEL
LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A
PRE-SCHOOL R0886859
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Trustees of Emmanuel
Lutheran Church for a Conditional Use Permit for a
pre-school at the northwest corner of Virginia
Beach Boulevard and Lynnshore Drive. Said parcel
is located at 301 Lynnshore Drive and contains 1.56
acres. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of August, Nineteen Hundred and Eighty-six.
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
- i6 -
Item II-G.l.c
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 25818
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Coucil
ADOPTED an Ordinance upon application of ACQUISITION, INC. for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF ACQUISITION, INC. FOR
A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES ON
CERTAIN PROPERTY R0886860
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Acquisition, Inc. for
a Conditional Use Permit for mini-warehouses on
certain property located on the north side of
Newtown Road, 500 feet west of Broad Meadows
Boulevard. Said parcel contains 2.954. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. A variable width right-of-way dedication is
required along the frontage on Newtown Road, in
accordance with alignment on file in the City
Engineer's Office.
2. On-site retention of stormwater is required for
this site, unless staff review indicates otherwise
in conjunction with development for the adjoining
parcel (the four-acre site).
3. Category II screening shall be provided along
boundary lines abutting the existing reidential
area.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT, as AMENDED. Said STATEMENT OF
CONSENT is hereby made apart of the proceedings.
- 17 -
Item II-G.l.c.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 25818 (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
- I 7a
STATEMENT OF CONSENT
APPLICANT: Acquisition, Inc.
APPLICATION: Conditional Use Permit
DESCRIPTION: Mini-Warehouses
CITY COUNCIL SESSION: August 11, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), LLAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGLNIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRXATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONlNG MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A variable width right-of-way dedication is required
along the frontage on Newtown Road, in accordance with
alignment on file in the City Engineer's Office.
2. On-site retention of stormwater is required for this
site.
3. Category II screening be provided along bo@-indary lines
abutting the existing residential area.
Owner
By:
Owner/Attorney/Agent,,/
(AS AMENDED)
Date:
August 11, 1986
Item II-G.l.d.
PUBLIC HEARING
PLANNING BY CONSENT ITF14 # 25819
Upon motion by Councilman Perry, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of THEIMOND AND KAY HINSON for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THELMOND AND KAY
HINSON FOR A CONDITIONAL USE PERMIT FOR OUTSIDE
STORAGE R0886861
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thelmond and Kay
Hinson for a Conditional Use Permit for outside
storage on certain property located 2160 feet more
or less west of London Bridge Road, 950 feet more
or less south of the intersection with Bowland
Parkway. Said parcel is Lot 6, London Bridge
Industrial Park II and contains 4.46 acres. Plats
with more detailed information are available in the
Department of Planning. LYNNIIAVEN BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. Category II screening shall be provided along the
southern part and eastern boundaries as shown on
the preliminary site plan.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATF14ENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made apart of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of August, Nineteen Hundred and Eighty-six.
Au ust 11 1986
- 19 -
Item II-G.l.d
PUBLIC HEARING ITEM # 25819 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
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:
Albert W. Balko
Council Members Absent:
None
- 19a -
STATEMENT OF CONSENT
APPLICANT: Thelmond and Kay Hinson
APPLICATION: Conditional Use Permit
DESCRIPTION: Outside Storage
CITY COUNCIL SESSION: August 11, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGPEES TO:
1. Approval is for a period of one (1) year.
2. Category II screening be provided along the southern and
eastern boundaries as shown on preliminary site plan.
0-wfi@r
By:
Owner/Attorney/Agent
Date:
August 11, 1986
- 20 -
Item II-G.l.e.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 25820
Attorney Robert Cromwell represented the applicant
J. Brock Nelson, the applicant, also represented himself
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of J. BROCK NELSON/LIBERTY
NISSAN, LTD. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF J. BROCK
NELSON/LIBERTY NISSAN, LTD., FOR A CONDITIONAL USE
PERMIT R0886862
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of J. Brock
Nelson/Liberty Nissan, Ltd. for a Conditional Use
Permit for new and used automobile sales and
service on the southeast and southwest corners of
Bonney Road and Butternut Lane. Said parcels are
lcoated at 3757 Boney Road and contain 3.47 acres.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Improvements shall be made with regard to
providing low landscaping along the frontage as
reaffirmed by the applicant, J. Brock Nelson.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of August, Nineteen Hundred and Eighty-six.
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
- 21 -
Item II-G.2.a.
PUBLIC HEARING
PLANNING ITEM # 25821
Attorney Michael Inman represented the applicant and disributed a photograph of
the proposed facility and referenced his letter of August 7, 1986, concerning
said application. (Said letter is hereby made a part of the record).
Dennis P. 14urtland, the applicant, also represented himself
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Coucnil
DEFERRED until the City Council Meeting of September 15, 1986, an Ordinance
upon application of DENNIS P. MURTLAND for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DENNIS P. MURTLAND
FOR A CONDITIONAL USE PERMIT FOR A JIFFY LUBE
Ordinance upon application of Dennis P. Murtland
for a Conditional Use Permit for a Jiffy Lube on
certain property located on the south side of
Indian River Road, 300 feet more or less east of
Kempsville Road. Said parcel contains 23,914
square feet. Plats with more detailed information
are available in the Department of Planning.
KFMPSVILLE 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
- 22 -
Item II-G.2.b.
PUBLIC HEARING
PLANNING ITEM # 25822
Hubert L. Dail represented the applicant
A MOTION was made by Councilman Balko, seconded by Councilman Baum to ADOPT
an Ordinance upon application of HUBERT L. AND MONA H. DAIL for a Change of
Zoning from R-8 Residential District to 0-1 Office District at 2724 Ansol
Lane on Lots 8 and 9, Block 10, Lynnhaven Village, containing 15,000 square
feet (Lynnhaven Borough).
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober and Mayor Robert G. Jones
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,"
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 23 -
Item II-G.2.b.
PUBLIC HEARING
PLANNING ITEM # 25822 (Continued)
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council DENIED an Ordinance upon application of HUBERT L. AND MONA H. DAIL
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF HUBERT L. AND MONA H.
DAIL FOR A CHANGE OF ZONING FROM R-8 TO 0-1
Ordinance upon application of Hubert L. and Mona H.
Dail for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office
District on Lots 8 and 9, Block 10, Lynnhaven
Village. Said parcel is located at 2724 Ansol Lane
and contains 15,000 square feet. LYNNHAVEN BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,*
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober and Mayor Robert G. Jones
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 24 -
Item II-G.2.c.
PUBLIC HEARING
PLANNING ITEM # 25823
The City Clerk referenced a letter from the applicants dated July 15, 1986,
requesting WITHDRAWAL
James E. Morrissey, President of the Pinewood Gardens Civic League, spoke in
OPPOSITION to the appliciation
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council DENIED an Ordinance upon application of ELLIS G. AND INGEBORG A.
HOLLOWAY for a Change of Zoning:
ORDINANCE UPON APPLICATION OF ELLIS G. AND INGEBORG
A. HOLLOWAY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO B-2
Ordinanace upon application of Ellis G. and
Ingeborg A. Holloway for a Change of Zoning
District Classification from R-5 Residential
District to B-2 Community-Business District on the
west side of North Lynnhaven Road, 207 feet south
of Virginia Beach Bouelvard. Said parcel is
located at 263 North Lynnhaven Road and contains
33,759 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item II-G.2.d.
PUBLIC HEARING
PLANNING ITEM # 25824
The City Clerk referenced a letter of July 15, 1986, from Attorney Grover C.
Wright, requested DEFERRAL
Attorney Charles M. Lollar, represented the neighboring property owners,
registered in OPPOSITON
Petition and letters in OPPOSTION were presented to City Council and hereby
made a part of the record
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council DEFERRED until the City Council Meeting of August 18, 1986, an
Ordinance upon application of CLAUDINE S. CAMPER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER
FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR CENTER
Ordinance upon application of Claudine S. Camper
for a Conditional Use Permit for an automobile
repair center on the north side of Laskin Road,
152-54 feet west of First Colonial Road. Said
parcel is located at 1724 Laskin Road and contains
19,115 square feet. Plats with more detailed
information ar available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
John D. Moss* and Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
26 -
Item II-G.l.e.
PUBLIC HEARING
PLANNING ITF14 # 25825
Attorney Edwin Kellam represented the applicant
Sam W. Ray, Chairman - Tidewater Westminster Homes, Inc., represented the
applicant and distributed a brochure outlining the proposal. Said brochure is
hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
APPROVED a Variance and ADOPTED an Ordinance upon application of TIDEWATER
WESTMINSTER HOMES, INC:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Tidewater Westminster
Homes, Inc. Said parcel is located at 709 Aragona
Boulevard. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER
HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR
APARTMENTS FOR THE ELDERLY R0886864
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater
Westminister Homes, Inc. for a Conditional Use
Permit for APARTMENTS FOR THE ELDERLY on Lot 20,
Block R, Aragona Village. Said parcel is located
at 709 Aragona Boulevard and contains 1.43 acres.
BAYSIDE BOROUGH.
The following condition shall be required:
1 . At Site-Plan review, give as much exposure on the
right (east) side of the property to allow as much
BUFFERING as possible between the single-family
re3idences and the Home for the Elderly.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of August, Nineteen Hundred and Eighty-six.
- 27 -
Item II-G.2.e
PUBLIC HFARING
PL M ING ITEM # 25825 (Continued)
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones and Vice
Mayor Meyera E. Oberndorf
Council Members Voting Nay:
Albert W. Balko," Reba S. McClanan, John D. Moss,
Nancy K. Parker and John L. Perry
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 28 -
Item II-G.2.f
PLANNING ITEM # 25826
Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council
ADOPTED, as AMENDED:
ORDINANCE TO AMEND AND REORDIAN SUBSECTION 107 (f)
OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO
THE VOTE NECESSARY TO AMEND THE ORDINANCE.
City Council ADOPTED the first suggested amendment
in paragraph 3, line 13:
"An affirmative vote of a majority of ft4!1- the
members of the City Council present and voting
shall be required to amend an ordinance."
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko,* Robert E. Fentress, Harold
Heischober, Mayor Robert G. Jones, Reba S. McClanan,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, John D. Moss* and
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 28a -
AN ORDINANCE TO AMEND AND REORDAIN
SUBSECTION 107 (F) OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO THE VOTE NECESSARY TO
AMEND THE ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Subsection 107(f) of the comprehensive Zoning
ordinance is hereby amended and reordained to read as follows:
Sec. 107. Amendments.
(f) City council hearing; action following hearing. The
hearing shall be held at the time and place announced. Following
the hearing, council may make appropriate changes or corrections
in the proposed amendments; provided, however, that no additional
land may be zoned to a different classification than was
contained in the public notice and no land may be rezoned to a
less restrictive classification without new rlotice and hearing.
Where such changes or corrections are of a s:ubstantial nature,
the modifications shall be transmitted to the E'lanning commission
for review and report prior to final passage by council. In
connection with such actions, the planning commission may hold
public hearings, if it deems such hearings appropriate, with
notice suiting the circumstances of the case. An affirmative
vote of a majority of all the members of the city council present
and voting shail be required to amend ordinance.
The Ordinance shall be effective from the date of its
adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this day of August 1986.
GLF/tap
(08/11/86)
(08/13/86)
(sublO7f.pro)
August 11, 1986
- 29 -
Item II-G.2.f.
PUBLIC HEARING
PLANNING ITEM # 25826 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Baum, City
Council DEFERRED until the City Council Meeting of August 18, 1986:
ORDINANCE TO AMEND AND REORDIAN SUBSECTION 107 (f)
OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO
THE VOTE NECESSARY TO AMEND THE ORDINANCE.
The second proposed amendment to said Ordinance in
paragraph 3, line 15:
"A tie vote shall be deemed a denial of the
proposed amendment.
This DEFERRAL wil enable the City Attorney to render an opinion.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 30 -
Item II-H.1
ORDINANCES ITF14 # 25827
Request of Richard M. Epps, Esquire, representative of the applicant,
requesting DEFERRAL is hereby made a part of the record.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
DEFERRED until the City Council Meeting of September 8, 1986:
Ordinance to authorize the First Assembly of God
Church to hold 29.237 acres of land in the City of
Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 31 -
Item II-H.2
ORDINANCES TTEM # 25828
Maryanne I. Ustick, Director of Housing and Community Development
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance declaring certain property EXCESS on
South Birdneck Road and authorizing the City
Manager to dispose of same.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
31a
7
z
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE OF
SAME
E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership
of property for the proposed Seatack Community Center by Deed
recorded in Deed Book 1968, at Page 534, as shown and described
in the attached plat (Exhibit "A"); and
WHEREAS, the residents of Seatack community requested
the community center be more centrally located; and
WHEREAS, a second site was dedicated to the City for the
Seatack Community Center and is centrally located and preferred
by the residents of Seatack community; and
WHEREAS, the City Council is of the opinion that the
property as shown on said attached plat is no lop.ger a desirable
site for the proposed Seatack Community Center and is in excess
of the needs of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA;
That the property acquired for the proposed Seatack
Community Center, as shown on the attached plat (Exhibit "A") is
in excess of the needs of the City of Virginia Beach, and that
the City Manager is hereby authorized to dispose of said excess
property pursuant to law and in the manner he deems in the best
interest of the City of Virginia Beach reserving therein any and
August 11, 1986
-31 b -
all easements pertaining thereto.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1 1 day of Augilst, -1 1 9 8 6 .
Note: Pursuant to V.C.A. 15.1-307, a recorded affirmative
vote of three-fourths of all the meml,ers elected to
Council is required when disposing of: property.
CLL/rab
7 / 1 1 / 8 6
(MISC)
2 -
August 11, 1986
PPROVED: DATE: V'#' 7- 'i"
DIRECTOR OFPUBLICWORKS,CITYOFVIRGINIABEACH.VIRGINLA
GNED' D., T@
SUPERINTENDENT OF SURVEYS and MAPPING,CITY OF VIII@L IA @AC VIIIGIII-
LOCATION MAP Scolet"-320(Y
OTE: PROPERTY LINE INFORMATION TAKEN FROM MAP BOOK 72 pag@40. VE TABLE
TA -n
1LENOTH ITANGEN
511" 29.36@4.68'1
00
100'-06'-19"W
10.00'
1-0
]DENOTES PROPERTY TO BE ACGUIRED-3.53A.C.
PLAT SHOWING
PROPERTY TO BE ACQUIRED BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
FROM
D. MURRAY MALBON
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
Scale: II 00' JULY 10,1979
BUREAU OF SURVEYS and MAPPING
ENGINEERING DIVISION
- 32 -
Item II-H.3.
ORDINANCES ITEM # 25829
Chief Charles Wall responded to City Council's inquiries.
Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City
Council ADOPTED:
Ordinance to transfer $589,550 from CIP #3-950
(Juvenile Court Building) and #3-958 (Correction
Center Study) to CIP#3-807 for two additional
microwave dishes, RADIO TOWER. (for police, fire,
emergency, public utilities)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss,* Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
32a -
o,
0
AN OPDINANCE To TRANSFER APPROPRIATIONS
FoR PROJECT #3-807 RADIO
IN THE AMOUNT OF $589,550 FROM PROJECT
#3-950 AND PROJECT #3-958
WHEREAS, in the FY85-86/FY89-90 Capital improvemnt Prc)gr-,
Council approved project #3-807 Radio Tcwer at an estimated c-t of $280,790, we
in their original assessment of the project cost the
company designirig the project had not included the cost of enviromnental
controllirig devices necessary to protect the sensitive radio equipment and the
cost of moving present antenms and installirig riew antennas, and
, the design of the tcwer was changed from 100 miles per
hour wind resistant to 135 miles per hour, and
, based on recent bids for construction the total cost of
the project includirig design and contingencies is estimated to be $870,340 or
$589,550 over the amount appropriated, and
, the additional funding necessary to canplete the project
may be provided by transferring appropriations of $389,550 fran project #3-950
Juvenile Court Building and $200,000 fran project #3-958 CiDrrection Center
Addition Study.
NOW, THEREFORE, BE IT OIOAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that appropriatioris in the amount of $589,550 are hereby
transferred to project #3-807 Radio Tower from project #3-950 Juvenile Court
Building in the amount of $389,550 and frm project #3-958 Correction Center
Addition Study in the amount of $200,000.
This ordirklnce s@l be effective fran the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of August 19B6.
pwc/radio
3id Tabulation Sheet
Total Bid
1. Swagger Communications, Incorporated $495,800
Coleman Construction Company $571,501
3. Bayport Construction Company $573,450
4. Woodington Corporation $606,000
5. McKenzie Construction Corporation $639,197
RADIO TOWER COST BREAKDOWN
Construction Bid Price $495,800
Relocation work by Motorola $295,000
$790,800
5% Contingency $ 39,540
TOTAL $830,340
MMM Design Group Contract $ 40,000
TOTAL $870,340
CIP Appropriated Funds -$ 280,790
Requested Appropriation $589,550
Attachment 3
a
I -
I
I --
I
Attachment f z@
I
- 33 -
Item II-H.4
ORDINANCES ITEM # 25830
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance granting a franchise to Triton Towers
Associates to operate an open air/boardwalk cafe
and authorizing and directing the City Manager to
execute a franchise agreement, subject to the
conditions contained and/or referenced.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
33a -
AN ORDINANCE GRANTING A FRANCHISE
TO TRITON TOWERS ASSOCIATES TO
0
OPERATE AN OPEN AIR/BOARDWALK CAFE'
AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A FRANCHISE
AGREEMENT, SUBJECT TO THE CONDITIONS
CONTAINED AND/OR REFERENCED HEREIN
REAS, the City has adopted regulations for the operation
of open air cafe@s on public property along the boardwalk and on
stub street parks; and
WHEREAS, Triton Towers Associates (t/a Triton Towers) has
submitted an application for the operation of aii open
air/boardwalk cafe- and has paid the applicatioll fee; and
WHEREAS, the representations made in the application comply
with the afore-mentioned regulations; and
WHEREAS, City Council has been advised by the Office of the
City Manager that the proposed cafe- would have no detrimental
effects on the public health, safety, welfare, or interest.
NOW, THEREFORE, be it ordained by the Council of the City of
Virginia Beach, Virginia:
That a franchise is hereby granted to Triton Towers
Associates to operate an open air/boardwalk cafe- at 2207
Atlantic Avenue, Virginia Beach, Virginia, 23451, from May 1,
1987, to April 30, 1988, and that the City Manager is heteby
authorized and directed to execute a franchise agreement with the
franchisee, conditioned on provision by the franchisee and
acceptance by the City of an approved final site plan, liability
insurance coverage, a surety bond, the applicable franchise fee,
and on such other conditions as are required by the afore-
mentioned regulations and the Franchise Agreement.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 11 day of August 1986.
RMB/dga
triton.ord
August 4, 1986
- 34 -
Item II-I.
CONSENT AGENDA ITEM # 25831
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8.
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:
Robert E. Fentress VERBALLY ABSTAINED on Item II-I.7
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 35 -
Item II-I.l.
CONSENT AGENDA ITF14 # 25832
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-120, of
the Code of the City of Virginia Beach, pertaining
to extended SICK LFAVE.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay;
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
35a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-120, OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAININ('@
TO EXTENDED SICK LEAVE
BE IT ORDAINED BY THE CITY COUNCIL OF THE C:ETY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-120 of the Code of the City ()f Virginia
Beach, Virginia, pertaining to extended sick lea@7e, is hereby
amended and reordained to read as follows:
Section 2-120. Extended sick leave.
(a) There is hereby established an extended sick leave
review board consisting of five (5) qualified voters appointed by
the City Manager for a term of three (3) years each. Of those
first appointed, one shall be appointed to serve for one (1)
year, two for two (2) years and two for three (3) years.
Thereafter, members shall be appointed for the full term of three
(3) years. Two members shall be from management below the
department-head level, two members shall be norunanagement
employees and one member shall be selected from the community
at-large.
(b) A majority of the members of the extended sick leave
review board shall constitute a quorum. The board shall meet on
an as-needed basis, but no later than fifteen (15) days after an
application has been received as provided for in the next
subsection.
(c) Applications for extended sick leave shall be submitted
by the department head to, and shall be processed by, the
personnel department. Any application for extended sick leave
must fulfill all of the following criteria at the time of
application:
(1) The application must show that the employee is
eligible to take sick leave as defined in section 2-119 of the
City Code;
ledve-earned-]Dy-the-empleyee-must-be-exhausted-at-the-time-of-the
f3+ (2) The employee must be diagnosed by a physician as
having an illness requiring absence from work for at least six
(6) working weeks for any given illness.
If the preceding criteria are fulfilled, an application for
extended sick leave may be submitted twenty (20) working days
prior to the predicted date of exhaustion of all sick leave,
annual leave, and compensatory leave earned by the employee.
However, an employee shall not be permitted to utilize extended
sick leave until all sick leave, annual leave, and compensatory
leave earned by the employee is exhausted.-
The director of the department of personnel shall be
required to call a meeting of the extended sick leave review
board when an application has been received in the manner stated
above.
(d) The jurisdiction and authority of the extended
sick leave review board shall be limited to authorizing the
granting of additional paid sick leave to a qualified employee
for a period of time not to exceed two hundred fc)rty (240)
consecutive working hours at a time. This board may consider and
award extended sick leave to an employee not more than twice in
any consecutive twelve-month period. The second award, if
granted, may or may not be consecutive with the first award. A
decision to award extended sick leave to any employee shall be
reached by majority vote of the members of the board present at
the meeting. The employee shall be notified of the board's
decisions within five (5) calendar days after the meeting of the
board involving that employee.
(e) The extended sick leave review hoard is hereby empowered
to adopt rules and regulations pertaining to the board procedures
2
to be followed before the board. All such rules and regulations
shall be adopted by the majority vote of all the members of the
board, shall be signed by the chairman of the board and shall be
lodged with the secretary of the board. Such rules and
regulations shall be available in the office of the department of
personnel during regular business hours. The extended sick leave
review board is authorized to amend or rescind any previously
adopted rule or regulation by a majority vote of all members of
the board.
(f) The director of personnel or a designated
alternate staff member shall serve as secretary to the extended
sick leave review board and shall attend all meetings with no
voting rights. The city physician shall serve as medical advisor
to the extended sick leave review board with no voting rights.
(g) Upon the employee's return to work, one-half of
all future sick leave accrued shall be used to repay any extended
sick leave granted hereunder until full repayment. has been made
after which time the employee shall accrue the fu.11 amount of
sick leave to which he would otherwise be entitled. Employees
may not be required to repay sick leave granted by the extended
sick leave review board if they meet certain guidelines adopted
by the board. Employees shall not have to repay their extended
sick leave prior to requesting additional sick leave.
(h) Upon termination from the City, the employee shall not
have to repay their extended sick leave granted by the
extended sick leave review board. Employees reinstated to the
City of Virginia Beach shall be required to repay such leave
until full repayment has been made.
Adopted this 11 day of August 1986, by the
Council of the City of Virginia Beach, Virginia.
RMB/dga
7/31/86
3
- 36 -
Item II-I.2
CONSENT AGENDA ITEM # 25833
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate from the
Virginia Department of Mental Health and Mental
Retardation to the Virginia Beach Department of
Mental Health, Mental Retardation and Substance
Abuse:
$69,947 for a Day Treatment for Older Adults;
$79,211 for continuation of Day Treatment Program
for Emotionally Disturbed Children;
$33,333 for enhanced Mental Health Case
Management;
$228,057 for enhanced Mental Retardation 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
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
36a -
AN ORDINANCE TO APPROPRIATE'$69,947 FOR A
REATMEN FOR OLDER A-DULTS TO THE
DAY T T PROGRA.M
DEPARTMF.NT OF MFN -NTAL
TAL HF-KLTH, MF
D SUBSTANCE ABUSE
RETARDATION AN
ERFAS, the CommunitY Servkces Board, during FY 86-87 operating
Budget development, received extensive p@blic testimony indicating a need for day
treatment services for oldar adults, and
WHEREA,S. the General Assembly; recognizing the need for additional
as appropriated new funds in
community based treatment of mentally ill citizens. h
FY 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds in the amount of $69,947 to provide a day
treatment program for older adults in Virginia Beach, employi ng three full time
and one part time employee. and
wHEREAS, this program is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH.-VIRGINIA that funds frdm the State Department of Mental Health
and Mental Retardation in the amount of $69,947 be appropriated to the Department
of Mental Health, Mental Retardation and Substance Abuse fc,r operation of a Day
Treatment Program for older adults with three full time and ons part time
employees, and
BE IT FURTRER ORDAINED that tha estimated Revenues from the
Commonwealth for the FY 86-87 Operating Budget be increased by $69,947.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of August 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: _August
August 11, 1986
SECOND RLUING.
AN ORDINANCE To APPROPRIATE $79,211 FOR
PROGRAM
CONTINUATION OF DAY TREA
FOR EMOTIONALLY DISTURBED CHILDW TO THE
DFPARTMENT OF MENTAL HEALTH, MENTAL
ABUSE
RETARDATION AND SUBSTANCE
the Depairtment of Mental Health, Retardation and
Substance Abuse, in cooperatio n with the Virginia Beach Public Schools, initiated
a day treatment program for ten -tionally disturbed children in February 1986,
and
WHERE&S, the State Department of Mental Health and Mental
Retardation has provided continuation funding in the-amount of $79,211 to provide
day treatment care for a total of twenty children for the Fiscal Year 86-87,
-Ploying three full time Mental Health, Mental Re.tardation and Substance Abuse
employees, and
WREREAS. this program is to be implemented and continued
contingent fully upon funding from the State Departmeni: of Mental Health and
Retardatiori-
NOW THEREFORF BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGI.NIA BEACH, VIRGINIA that funds from the State Department of Mental Health
and Mental Retardation in the amount of $79,211 be appropriated to the Day
Treatment Program Unit of the Department of Mental Health, Mental Retardation and
Substance Abuse for operation of Day Treatment Program for -otionally disturbed
children with three full time Mental Health, Mental Retardation and Substance
Abuse employees, and
BE IT FURTHER ORDAINED that the estimated revenues from the
Commonwealth for the FY 86-87 Operating Budget be increased by $79,211.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of us 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: August4. 1986
August 11, 1986
SECOND READING:
36c
ul
0
AN ORDINANCE TO APPROPRIATE $33,333 FOR
CASE MANAGEMENT TO
ENHKNCED MENTAL HEALTH
TRE DEPARTMENT OF MENTAL HEALTH, MENTKL
LJ UBSTANCE ABUSE
> RETARDATION AND S
0
the Virginia General Assembly Commissions on Mental
Health have supported the call for enhanced community based services for
psychiatrically disabled persons, and
wHEREAS, the Goneral Assembly, recognizing t@he need for such
services. has appropriated now funds in Fy 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds in the amount of $33,3:33 to provide case
management both to disabled residents currently in the coimnunity and to multiply-
impaired residents being released from state institutions through the employment
of two full time case managers, and
WHEREAS, this program is to be implelmented and continued
contingent fully upon funding from the State Department. of Mental Health and
Mental Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the funds from the State Department of Mental
Health and Mental Retardation in the amount of $33,333 be appropriated to the
Community Rehabilitation Unit of the Department of Mental Health, Mental
Retardation and Substance Abuse for employment of two case managers, and
BE IT FURTHER ORDAINED that estimated revenues from the
Comonvealth for the FY 86-87 Operating Budget be increased by $33,333.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of ust 1986.
This ordinance shall be effective from the date of its adoption.
FIRST READING: August 4, 1986
August 11, 1986
SECOND READING:
36d -
AN ORDINANCE TO APPROPRIATE $228.057 FOR
0 ENHANCED MENTAL RETARDATION PROGRAM TO THE
v .1
0 DEPKRTMENT OF MENTAL HEALTH. MENTAL
RETARDATION AND SUBSTANCE ABUSE
0
C". g FY 86-87 Operating
WHEREAS, the Community Services Board, durin
Budget development, identified 175 mentally retarded individuals over the age of
fourteen who were in need of co=unity based residential placemerlt and support,
and
WHEREAS, the General Assembly, recognizing the need for additional
community based treatment of -ntally disabled citizens, has appropriated new
funds in FY 86-87 for expanded services, and
WHEREAS, the State Department of Mental Health and Mental
Retardation has provided such funds for FY 86-87 in the amount of $135,427 for
development of residential placements for severe to profoundly retarded Virginia
Beach residents and $92,630 for development of residential placement and day
support for dually diagnosed Virginia Beach residents, and
WHEREAS, this program is to be implemented and continued
contingent fully upon funding from the State Department of Mental Health and
Mental Retardation.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF
VIRGINIA BEACH, VIRGINIA that funds frbm the State Department of Mental Health
and Mental Retardation in the amount of $228,057 be appropriated to the
Department of Mental Health, Mental Retardation and Substance Abuse for
contractual development of residential placements and day support for mentally
retarded citizens, and
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth for FY 86-87 Operating Budget be increased by $228,057.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of , 1986.
This ordinance shall be effective from the date of its adoption.
FIRST RWING: August 4, 1986
Agust 11, 1986
SECOND RE)LDING:
- 37 -
Item II-I.3
CONSENT AGENDA ITEM # 25834
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $10,122 from
the Virginia Department of Social Services to the
Virginia Beach Department of Social Services;
AND,
To transfer $2,530 from the General Reserve for
Contingencies to the Social Services Budget Unit:
For the pre-grant phase of the Aid to Families with
Dependent Children (AFDG) 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
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
37a
AN ORDINANCE TO APPROPRIATE $10,122 AND
TO TRANSFER $2,530 FOR THE PRE-GRANT PHASE
OF A COMPETENCY BASED AID TO FAMILIES WITH
DEPFNDENT CHILDREN PROGRAM TO THE
DEPARTMENT OF SOCIKL SERVICES
WHEREAS, the current national eligibility process in the Aid to
Families with Dependent Children (AFDC) program inhibits client pursuance of
alternatives to welfare dependency, and
WHEREAS, the federal Social Security Administration has solicited
grant proposals for modal progr--- for improved eligibility processes to address
this issue, and
the Virginia Beach Department of Social Services, through
the Virginia Department of Social Services, has submitted such a grant proposal,
and
WHFAMS, the Stais Department, appearing confident of grant
acceptance, has approved $10,122 (80%) towards the total $12,652 cost of a ninety
day pre-grant phase of the proposed program in Virginia Beach, with Virginia
Beach to provide a match of $2,530 (20%),
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds from Virginia Department of Social Services
in the amount of $10,122 be appropriated and $2,530 be transferred from
General Reserve for Contingencies to the Director of-Social Services Unit for
purchase of equipment and employment of two additional temporary eligibility
workers for the pre-grant phase of the AFDC model eligibility
program.
BE IT FURTHER ORDAINED that the estimated Revenue from the
Commonwealth for the FY 1986-87 Operating Budget be increstsed by the amount of
$10, 122.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Eleventh day of August 1986.
This ordinance shall be effective from the date of its adoption.
First Reading; August 4, 1986
Second Reading; Augsut 11, 1986
AS CONTENT
CAC/I ORD4.BJM
37b
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- 38 -
Item II-I.4
CONSENT AGENDA ITEM # 25835
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate an entitlement
grant of $1,785,000 plus program income of $50,000
from the Department of Housing and Urban
Development to the Community Development Twelfth
Program Year, ($1,835,000).
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
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
38a
Requested by: The Department of HouSSlng and Commu@ity Development
AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT
FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE FUNDING FOR
THE C " UNITY DEVELOPMENT TWELFTH PROGRAM YEAR
WHEREAS, The Departrrient of Housing and Urban Development (HUD) has
awarded a grant of $1,785,000 fo.r the funding of the Conimunity Development
Twelfth Program Year, and
WHEREAS , the Department of Housing and Urban Development has approved
the Community Development Twelf@h Prograir, Year'budget.
NOI-1, THEREFORE, BE IT ORDAIMED BY THE COUNCIL -OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funding from HUD be accepted and funds appropriated for the
following projects and purposes:
PROJECT BUDGET
Capital Improvement Projects
Gracetown Street and Drainage Improvement
Project/Construction $172,000
Queen City Water and Sewer Improverlient
Project/Ebgineering 10,000
R6edtown Water, Sewer, Street and Drainage
Improvement Project/Construction 265,000
Seatack IIB Street and Drainage lniprovement
Project/Right-of-Way Acquisition 175,000
Subtotal: $622,000
Housing Programs
Code Enforcement/Demolition/Clearance $ 37,544
Homesharing Program 26,079
Housing Rehabilitation 216,400
Last Resort Housing Loans 170,000
Replacement Housing/Relocation 255,000
Housing Programs Administration 151,856
Subtotal: $856,879
Other
Black Heritage Awareness Cultural Activities $ 2,147
General Management and Oversight 292,700
Section 8 Prograrn Administration 7,593
Rental Rehabilitation Program Administration 43,681
Contingencies 10,000
Subtotal: $356,121
Total: $1,835,000
12th Progr&n Year CDBG Entitlement Amount $1,785.000
Estiniated Program Income 50,000
Total: $1,835,000
38b
That the appropria*ions wi I I be f inanced by $1,785,000 in federal
funds from the Department of Housing and Urban Development, and that
appropriations will be financed by an additional $50,000 in program Income
geherated by the Department of Housing and Community Development.
Amounts approprtated above amend any 1986 - 1987 fiscal year Community
Development Block Grant funded allocations previously authorized In the
fiscal year 1986 - 1987 bud.get ordinance adopted by City Council on
May 19, 1986.
FIRST READING: Aiigunt 1, i@
SECOND READING: August 11, 1986
Adopted by the Council of the City of Virginia Beach on the 11
day of August , 1986.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mary nn Usticl ity Attorney
.Departmifnt of Housing and
Community Development
- 39 -
Item II-I.5
CONSENT AGENDA ITFII # 25836
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution authorizing the City Manager to sign the
right-of-way entry for survey and exploration to
test for hazardous wastes on the former Nike site
properties now owned by the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
39a
a
RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN THE RIGHT-OF-
ENTRY FOR SURVEY AND EXPLORATION
TO TEST FOR HAZARDOUS WASTES ON
THE FORMER NIKE SITE PROPERTIES
NOW OWNED BY THE CITY OF VIRGINIA
BEACH
WHEREAS, in 1967 the City of Virginia Beach acquired
the property known as former Nike Battery N-36 from the United
States of America; and
WHEREAS, the City now uses said property for the
Department of Recreation's offices, maintenance shop and
ceramic shop; and
WHEREAS, the Department of the Army has a program to
survey, test and explore the property for the presence of
hazardous substances which may be buried on those properties;
and
WHEREAS, the Department of Parks and Recreation has
expressed that it would be in the best interests of the City to
have the areas tested; and
WHEREAS, it is necessary for the City Manager to
execute a right-of-entry form (a copy of which is attached
hereto and made a part hereof) prior to the Department of the
Army being able to conduct such tests.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA;
That the City Manager is authorized to execute such
forms as are required to permit the Department of the Army to
enter onto the premises owned by the City of Virginia Beach and
used by the Department of Parks and Recreation, formerly known
as Nike Battery N-36, for the purpose c)f investigating said
premises for potential hazardous substances.
Adopted this " day of August 1986,
by the Council of the City of Virginia Bea.ch, Virginia.
NEW/awj
DEPARTMENT OF THE ARMY
RIGHT-OF-ENTRY FOR SURVEY AND EXPLORATION
VIEGIVIA BEACH PARKS AND RECREATION DEPAR-114ENT
PROJECT NO. C03VA013100 FORMER NIKE BATTERY N-36
VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA
A cti,,ity) ITa,t N.@br., Oth,, Prp,,t)- id,.Iifi,.ti.@)
The tindersigiied, hereinafter called the "Owizer", hereby grants to tlie UNITED STATES OF
AMERICA, hereinafter called the "Goveriimetit", a pertnit orright-of-entry tipon thef@)llolvilig terins
and c-oriditiotts:
1. Tlie Ow?zer hereb.@- grants to tlie Goi,erninent an irrei,ocable right to enter upon the lands
liereinajter described at an.v tinic vt,ithiii a period of@ twelve 12 ) months frotn the
date oj' tiiiv iiistrittiietit, iii order tu stirve),, make test borings, and carry olit st4c]l otlier exploratory
t@,ork as itz(j.t- be iie(-evsary to c-ottiplete tlie itivestigdtioti being made o]@said leinds b.v the Government.
2 Tile peri@iit iii(-Iiides the right of' ingress and egress oti otlier lands oj the Ovvner not
dot-ribed belovt,. I)roi-ided sitc-li ingress atid egress is necessary and not otherivise conveniently
(ii-ailable to tiie Goi,eritinelit.
,?, All toolv. eqiiiptyietit. and ot4ier propert.v taken upon or pla(@ed zipon the land by the
Goi-erizityeiii sliall rettiai)i tlie property oj@ the Goi,erizmetit and ma.v be remoi,ed b-v tlie Govertilnent
at ail@t, til@le it,itliiii a reasooiable period ci]@ter tile expiration of this pertnit or riglit-of-elitry.
4. Tlte Go),ertitnetit agrees to be respotisible for damages arisitig fiotti tlie activit@- of tlie
Ut)t,ertiiiietit, its officers, etnployees, or represetitatives on said land. iii the e.,cerc i.@e of@ rights under
tliis perittit or right-oj@etitry. either bv repairing such damage or at the optioit oj tlie Gover?zinent by
inakitig ati appropriate settlement with tlie Otvner in lieu thereof.
5. if.airt-rait j7ights over said lands, or entry upon the land by ineatis of helicopter or other
type airc,raft. are liecessary, the Govertiment shall injbrm the Owner, in advati(,e. oj'each such j7ight
or eiitrv,.
6. Tl:e land afpt-ted by this pertnit or right-of'entry- is lot-ated iii tlie State ol@ VIRGITTIA,
CITYaUiO 01* VIRGINIA BFACH , and is described as follows:
All those certain parcels of land containing approximately
21.46 acres as shown outlined in RED on the attached plat
EXHIBIT "A" and made a part hereof.
WITNESS MY HAND AND SEAL this day of .19
CITY OF VIRGINIA BEACH
(SEA L)
WPPROVED AS TO (SEAL)
Th@ H. Mue'llenbeck
LEGAL SUFFICIENCY City Minager
UNITED ST,4 T@.S 01'21111ERI('A
L.E. R-ICE, JR.
B.1- Chief, Real Estat@e Division
U.S. Army EngineE!r District, Norfolk
FORM
ENG APR 74 1258 (ER 405-1-625) EDITION OF I DEC 62 15 OBSOLETE.
KHIBIT
-75
4 7'3 47'30"
-72
-7,
-71
70
EXHIBIT ""A'
- 40 -
Item II-I.6.
CONSENT AGENDA ITEM # 25837
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into portions of the rights-of-way of Bay Drive,
Cavalier Drive, Pinewood Road, and Ridge Road to
Princess Anne Country Club, Inc.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to be 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. A highway permit must be obtained and a bond
posted prior to commencing work within the City's
right-of-way.
6. No open cut of a public roadway shall be allowed
except under extreme circumstances, such
exceptions shall be submitted to the Highway
Division for final approval.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 40a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO PORTIONS OF THE
RIGHTS-OF-WAY OF BAY DRIVE, CAVALIER
DRIVE, PINEWOOD ROAD, AND RIDGE ROAD
TO PRINCESS ANNE COUNTRY CLUB, INC.
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, the Princess Anne Country Club, Inc., its assigns and
successors in title are authorized to replace and maintain a
temporary encroachment into portions of the City's rights-of-way
of Bay Drive, Cavalier Drive, Pinewood Road, and Ridge Road.
That the temporary encroachment herein authorized is
for the purpose of replacing existing water lines and that said
encroachment shall be constructed 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 portions of
the City's rights-of-way known as Bay
Drive, Cavalier Drive, Pinewood Rc)ad, and
Ridge Road, as shown on those cert:ain
plats, Sheet 1 and Sheet 2 and ent:itled:
"MAP SHOWING LOCATION OF PIPE CROCIISINGS
IN LINKHORN PARK LYNNHAVEN BOROUGFI
VIRGINIA BEACH, VIRGINIA (M.B.5, P. 151)
FOR PRINCESS ANNE COUNTRY CLUB SC;TLE:
1"=100' APRIL 20, 1986," and prepELred by
Baldwin & Gregg, Ltd., copies Of ;.7hich
are on file in the Virginia Beach
Department of Public Works and to which
references are made for more particular
descriptions.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Princess Anne Country Club,
Inc., its assigns and successors in title and within thirty (30)
days after such notice is given, said encroachment shall be
removed from the City's rights-of-way of Bay Drive, Cavalier
Drive, Pinewood Road and Ridge Road by the Princess Anne Country
Club, Inc. , and that the Princess Anne Country Club, Inc., its
assigns and successors shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Princess Anne Country Club, Inc., its assigns
and successors in title shall indemnify, hold harmless, and
defend 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, this ordinance shall not be in effect
until such tirne that the Princess Anne Country Club, Inc.,
executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions and other provisions
deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of August 19- 86.
CLL/rab
5/3 0/8 6
(29D)
@:@PPRO.Vz-:D
@,@NEY
-2-
k) /Ob.00
LOT 36
LOT 4
GREEN #12 0
GREEN -*12
PIPE CROSSINGS TO CAVALIER DR.---
Pi 8.7' PIN (F)
BAY@- DRIVE (30 R/W)
LOT 10 5
LOT 4 4
GREEN-#13
LOT 34 LOT 35
GREEN #11
R = 1026.7 2
PIPE CROSS
R = 1056.72' IN (F)
LOT 103 SAY DRIVE (30 R/W LOT 104
GREEN -# 11
MAP
Jr cil
SHOWING LOCATION
OF
PIPE CROSSINGS
IN
LINKHORN PARK
LYNNHAVEN BOROUGH
VIRGINIA BEACH, VIRGINIA
-, o. 15 1)
FOR
PRINCESS ANNE COUNTRY CLUB
SCALE 100 APRIL 20, 1986
B
G, UTG @G,
NORFOLK, VIRGINIA 0
3. 793, P. 46-48 SHEET I OF 2
@M/REC
LOT 115 GREEN -*15
205' 7 7.6'
PIPE CROSSING-4 TO HOLLY RD.
PI NEWOOD ROAD (30'R/W)
LOT 11 6 GREEN iO15
LOT 120
GREEN # 16
OSSING TO PINIEWOOD :)R.-
E (30'R/W)
GREEN#16
LOT 119
LOT 110 GREEN9*14
PIN(F) 0 FZ t9-
TO PINEWOOD DR.
R
CAVALIER DRIVE (30' R/W)
LOT Ill GREEN-*14
MAP
SHOWING LOCATIL)N
OF
PIPE CROSSINGS
IN
LINKHORN PARK
LYNNHAVEN BOROUGH
VIRGINIA BEACH, VIRGINIA
(M.B.5, P. 151)
FOR
PRINCESS ANNE COUNTRY ("LUB
SCA L E ; I 100' APRIL 20, 1986
B MN
t--D r- - - (D
0
NORFO@K, VIRGINIA
:B. 793, F,. 46-48 SHEET 2 OF 2
- 41 -
Item II-I.7
CONSENT AGENDA ITEM # 25838
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize temporary encroachments
into portions of the City's drainage easement and
right-of-way known as Onondaga Road to Earnest L.
Hudson and Phyllis Anne Hudson.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to be 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. A highway permit must be obtained and a bond
posted prior to commencing work within the City's
right-of-way.
6. No open cut of a public roadway shall be allowed
except under extreme circumstances, such
exceptions shall be submitted to the Highway
Division for final approval.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, 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:
Robert E. Fentress
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console
- 41a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO PORTIONS OF THE
CITY'S DRAINAGE EASEMENT AND
RIGHT-OF-WAY KNOWN AS ONONDAGA ROAD TO
EARNEST L. HUDSON AND PHYLLIS ANNE
HUDSON, HUSBAND AND WIFE, THEIR HEIRS,
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 V:Lrginia, 1950, as
amended, Earnest L. Hudson and Phyllis Anne Hudson, husband and
wife, their heirs, assigns and successors in title are authorized
to install a 6 inch sewer line and temporary encroachments into
the City's 10 ft. drainage easement and right-of-way known as
Onondaga Road.
That the temporary encroachments herein authorized are
for the purpose of installing a sewer line and that said
encroachments shall be installed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachments are more particularly described as follows:
An area of encroachments into portions of
the City's drainage easement and
right-of-way known as Onondaga Road, on
the certain plat entitled: "DEDICATION
PLAT OF 10' DRAINAGE EASEMENT ON PART OF
LOT SHOWN AS "MELVIN RIDDICK.- ON PLAT
RECORDED IN D.B. 339 PG. 187 KEMPSVILLE
BOROUGH VIRGINIA BEACH, VIRGINIA SCALE:
1"=40 DATE: DECEMBER 10, 1985," prepared
by James C. Hickman, Certified Land
Surveyor, and 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 encroachments
herein authorized shall terminate upon notice by the City of
Virginia Beach to Ernest L. Hudson and Phyllis Anne Hudson, their
heirs, assigns and successors in title and that within thirty 30
days after such notice is given, said encroachments shall be
removed from the City's drainage easement and right-of-way known
as Onondaga Road and that Ernest L. Hudson and Phyllis Anne
Hudson, husband and wife, their heirs, assigns and successors in
title shall bear all costs and expenses of such re!moval.
AND, PROVIDED FURTHER, that it is expref;sly understood
and agreed that Ernest L. Hudson and Phyllis Anne Hudson, husband
and wife, their heirs, assigns and successors in I:itle shall
indemnify, hold harmless, and defend 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 encroachments.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Ernest L. Hudson and Phyllis Anne
iludson, husband and wife, execute 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 day of August 1 986
CLL/rab
7 / 2 3 / 8 6
CLL. 1
2 -
IVDAeA ROAD
c/" o., vlfiwii/A &"-
AM Df
PRopeRrv or
HUDSON
to NM OR MRAIFRLV
0.649 Acres DOD50N
Z?S.256 *.Ft.
vzu
M.,
C,&
Al.
DEDICATION PLAT
of
/0' DRAINAGE EASEMENT
ON
PART OF LOT SHOWNAS
"MELVIN RIDDICE
ON PLAT REC'ORDED IN
D. B. 339 Pig. 187
'YEMPSVILLE ROR04vom
VifteliVIA REACV, VIRSINIA
ICALE, i"-40' DARE,DECEMBER /0,/98$
jAME5 C. HICKMAV
LAAV $M
- 42 -
Item II-I.8
CONSENT AGENDA ITFM # 25839
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance Authorizing Tax Refunds in the amount of
$6,909-44*, upon application of certain persons and
upon certification of the City Treasurer for
Payment.
*Two requested refunds were deleted upon
presentation from City Council's authorized
approval August 11, 1986:
$ 198-04 Virginia Beach Ecumenical Housing
55.44 Addie S. White
$ 253-48
$ 6,909.44
(253.48)
Balance Authorized $ 6,655.96
Tax Refunds
-Uth Hodges/Smith, CMC
City Clerk
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 42a - 7/14/86 EMC
0. C. A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
d Dinsmore Evans Bryant 80 RE(1/2) 11154-4 4/25/80 146.64
d Dinsmore Evans Bryant 80 RE(2/2) 11154-4 4/25/80 142.40
-- -I.,L @ @ RE(! 95.02
@. I e
nk A&Elizabeth Jagger 83 RE(1/2) 41307-4 12/5/82
nk A&Elizabeth Jagger 83 RE(2/2) 41307-4 6/5/83 95.02
4 RE(1/2) 43495-1 12/5/83 112.35
nk A&Elizabeth Jagger 112.35
nk A&Elizabeth Jagger 84 RE(2/2) 43495-1 6/5/84
nk A&Elizabeth Jagger 85 RE(1/2) 45697-1 12/4/84 112.35
nk A&Elizabeth Jagger 85 RE(2/2) 45697-1 6/5/85 112.35
nk A&Elizabeth Jagger 86 RE(1/2) A8420-8 12/5/85 115.24
nk A&Elizabeth Jagger 86 RE(2/2) 48420-8 5/22/86 115.24
;pus East CorrFnuni tY Assoc 86 RE(1/2) 15276-2 12/5/85 678.00
,ds of Green Run Inc 86 D 191.92
,,E 1/2) 107861-8 11/14/85
iuel L&JoyNHakim 83 RE@1/2) 33296-4 11/26/82 59.23
iuel L&JoyNHakim 83 RE(2/2) 33296-4 6/5/83 59.23
iuel L&JoyNHakim 84 RE(1/2) 35042-5 12/5/83 71.23
iuel L&JoyNHakim 84 RE(2/2) 35042-5 6/5/84 71.23
iuel L&joyNHakim 85 RE@1/2) 37624-6 12/5/84 71.23
iuel L&JoyNHakim 85 RE 2/2i 37624-6 6/5/85 71.23
L&JoyMHakim 86 RE 112 39785-6 12/5/85 71.23
iuel 13.56
,de H&Elizabeth Vick 83 RE(1/2 83683-0 12/5/82
tde H&Elizabeth Vick 83 RE(2/2) 83683-0 6/5/83 13.56
ide H&Elizabeth Vick 84 RE(1/2) 88672-1 12/5/83 13.56
ide H&Elizabeth Vick 84 RE(2/2) 88672-1 6/5/84 13.56
ide H&Elizabeth Vick 85 RE(1/2) 94000-1 12/5/84 13.56
ide H&Elizabeth Vick 85 RE(2/2) 94000-1 6/5/85 13.56
Iliam R&Joyce Henry 83 RE(1/2) 36166-4 11/4/82 16.00
Iliam R&Joyce Henry 83 RE(2/2) 36166-4 5/12/83 16.00
Iliam R&Joyce Henry 84 RE(1/2) 38079-5 10/19/83 16.00
[liam R&Joyce Henry 84 RE(2/2) 38079-5 5/21/84 16.00
Iliam R&Joyce Henry 85 RE(1/2) 40869-4 11/7/84 16.00
lliam R&Joyce Henry 85 RE(2/2 40869-4 5/17/85 16.00
lliam R&Joyce Henry 86 RE(1/2@ 43188-1 10/29/85 16.00
Iliam R&Joyce Henry 86 RE(2/2) 43188-1 5/14/86 16.00
vid ADailey 82 pp 30328-3 7/7/86 22.52
vid ADailey 82 pp 30329-2 7/7/86 22.04
Iliam F Reed 86 pp 134064-6 48780 6/5/86 148.50
seann Celi 86 pp 27736-0 48587 6/5/86 88.50
xon Corporation 86 pp 51154-3 48762 6/5/86 195.00
Tiett H & Margaret Allen 86 pp 2220-6 48742 6/5/86 81.78
dith L Rex 86 pp 134955-8 48660 6/5/86 48.84
4c 86 pp 63019-3 48662 5/29/86 126.00
E Bauer 86 Dog V22031 6/17/86 5.00
Total
This ordinance shall be effective from date of adoption. 4@i.e5-5
T ho3 ment(s) totaling Certified as to payment;
were approved by
the Council of the City of irginia
Beach on the /@day-of
John T. Atkinson, Treasurer
Apprgved as to
Ruth Hodges Smith.
City Clerk
al;-BI-M-S;h,-CityAttorn.
C.A. 7 6/24/86 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:!e Penalty Int. Total
Y ear of Tax Number tion No. P id
on R Jones 83 RE(1/2) 31531-3 11/30/82 24.00
on R Jones 83 RE(2/2) 31531-3 6/5/83 24.00
Company 84 RE(1/2) 64360-9 12/19/84 90.61
Company 84 RE(2/2) 64360-9 12/19/84 86.59
ufacturers Hanover Mort 85 RE(2/2) 9845-8 6/5/85 34.78
Beteh Eetipen4--l .m q.-- @ RE(l,'2) 199229@ -41,/26@85
dings Homeowners A-s@o@ 86 RE(1/2) 73243-1 11/26/85 216.00
dings Homeowners Assoc 86 RE(1/2) 73244-0 11/26/85 216.00
is W Kershner 86 RE(1/2) 60747-9 5/6/86 207.09
el R Kesler 86 RE(1/2) 53202-2 11/27/85 40.00
de H & Elizabeth Vick 86 RE(1/2) 101136-0 12/5/85 13.56
de H & Elizabeth Vick 86 RE(2/2) 101136-0 5/30/86 13.56
side Associates 86 RE(2/2) 72660-7 5/14/86 273.76
finkel & Becker 86 RE(2/2) 31236-8 3/31/86 12.54
finkel & Becker 86 RE(2/2) 31237-7 3/28/86 12.54
@ual Federal S &L Assoc 86 RE(1/2) 78918-4 12/5/85 12.00
.ual Federal S &L Assoc 86 RE@2/2) 78918-4 6/!3/86 12.00
hard S & Landa Glasser 86 RE 2/2) 71324-7 5/13/86 120.00
,in B Lindsley Jr 86 RE(2/2) 60102-8 5/'19/86 58.78
University 83 pp 24553-0 48615 6/!5/83 87.78
University 84 pp 177154-7 48616 11/16/84 246.72
University 85 pp 185080-8 48617 11/18/85 294.78
,n Place Inc 84 pp 171543-1 48328 6/5/84 244.50
.n C Mason 85 pp 203158-6 48643 11/2/85 80.76
-othy C Morris 85 pp 112107-2 48623 6/4/85 30.00
ineth A & Susan Roberson 86 pp 137062-1 48674 6/5/86 251.04
inan R & Sandra Campbell 86 pp 24876-6 48611 5/16/86 10.80
,dy N Rose 86 pp 138784-6 48527 6/2/86 178.32
ies S Loturco 86 pp 100399-3 48604 5/20/86 90.00
ice E Carper 86 pp 26119-9 48548 6/5/86 72.42
,k A & Joyce Frazier 86 pp 56914-3 48454 5/28/86 84.00
,k W Mazzeo 86 pp 106193-8 48457 5/13/86 66.00
Total 8,4e2.9-7"
This ordinance shall be effective from date of adoption.
batement(s) total ng Certified as to payment;
lo,vly:e@O were approved by
the Council of the City of Wrgi'ni'a
Beach on the@day of
John T. Atkinson, Treasurer
Approved as to form:
Ruth Hodges Smith,
City Clerk
ori, 6ity Attorney
- 43 -
Item II-J-1/4/5
APPOINTMENTS ITEM # 25840
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CITIZENSIS ADVISORY COMMITTEE
VIRGINIA BEACH DEVELOPMENT AUTHORITY
WETLANDS BOARD
- 44 -
Item II-J.2
APPOINTMENTS ITEM # 25841
Upon Motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council CONFIRMED APPOINTMENTS to the COMKOITY CORRECTIONS RESOURCE BOARD
representing the NORFOLK DISTRICT COURT:
Jerrauld C. Jones
Mrs. Minor McNamara
(For a Two Year Term Ending August 31, 1988)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 45 -
Item II-J.2
APPOINTMENTS ITEM # 25842
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council REAFFIRMED APPOINTMENTS to the TIDEWATER REGIONAL GROUP HOME:
Judge Davis Reed, II - Ex-Officio
Bruce Bright - Alernate
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 46 -
Item II-K.1
MINUTES ITEM # 25843
ADD-ON
Upon MOTION by Councilman Baum, seconded by Councilwoman McClanan, City Council
AFFIRMED an amendment to the MINUTES of August 4, 1986, confirming the
correction of Councilman Moss's Vote to reflect his NAY vote on Item # 25773.
(Issuance of an Industrial Development Revenue Bond to CBN UNIVERSITY in the
amount of $5,000,000). An Electronic Malfunction in the Voting Computer
incorrectly reflected Councilman Moss' vote as "AYE" rather than "NAY".
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote - Electronic Malfunction of Councilman Balko and Moss's Voting
Console.
- 47 -
Item II-K.2.
UNFINISHED BUSINESS ITF14 # 25844
ADD-ON
OCEAN LAKES
Robert Scott, Director of Planning, advised City Council concerning the
status of the School Sites in OCEAN LAKES.
On November 14, 1983, City Council ADOPTED an Ordinance for Changes of Zoning
upon application of R. G. MOORE in the Princess Anne Borough.
This Rezoning included two sites shown on the Land Use Plan, one of
approximately 25 acres, and the other 43 acres. Between the time of the Land
Use Plan approval by the City Council and Preliminary Subdivision Plat
approval, there was adjustment concerning the layout of streets in the
area. This was at the time when the MASTER STREET AND HIGHWAY PLAN was
changing. R. G. MOORE was able to make adjustments in the PLAN to accommodate
the MASTER STREET and HIGHWAY PLAN. However, these changes did not affect the
schol sites.
On April 24, 1984, R. G. MOORE was granted Preliminary Subdivison Plat
Approval. R. G. MOORE has proceeded with construction since that time. 176
multi-family units have been APPROVED. 424 multi-family units have not yet
been APPROVED. 824 Single-family units have been APPROVED. 589 single-family
units have not yet been APPROVED. The 648 Townhouse units have all been
APPROVED. Approximately 62% of the Project is now completed with regard to
the platting.
A plat depicting the School Sites has been presented to the City for
recordation. This plat has been APPROVED by the Planning Department, but not
by all the City agencies, because a BOND must be posted before the plat is
recorded. R. G. MOORE will not be able to record any other plats in the area
until the BOND is posted.
- 48 -
Item II-L.l./2.
NEW BUSINESS ITEM # 25845
A MOTION was made by Councilman Heischober, seconded by Councilman Fentress, to
CANCEL the City Coucil Meeting of September 1, 1986, (City Holliday - LABOR
DAY) AND, SCHEDULE City Council Meetings for September 8, 15, and 29, 1986.
Councilman Heischober WITHDREW this Motion.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council CANCELLED the City Council Meeting of September 1, 1986, (City Holiday)
LABOR DAY, and SCHFDULED the City Council Meetings for September 8, 15, 22, and
29, 1986. The City Council Meeting of September 22, 1986 shall be at 7:00 P.M.
and Meetings on September 8, 15 and 29, 1986, shall commence at 2:00 P.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
*Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
- 49 -
Item II-L.3
NEW BUSINESS ITEM # 25846
ADD-ON
Larry Thurston, Assistant Real Estate Assessor, advised City Council of
procedures concering TAX ASSESSMENTS pertaining to rezonings. If City
Council APPROVED a Change of Zoning on a particular parcel prior to January
First of this tax year, same would be reflected in the 1986-1987 Assessment.
If same were after July First, it would be reflected in the subsequent year.
The property is being appraised at its MARYET VALUE. The fact the rezoning
had been granted by the City Council does not affect the Market Value of that
particular property. Land Use relates to the official zoning.
A problem has arisen when a rezoning is granted but conditions have not been
met. A roll-back tax could not be instituted until development has actually
occurred, but same may not be removed from the program until the zoning is
official.
Mr. Thurston advised the Planning Department forwarded the Revised Zoning Map
to the Assessor's Office after the conditions had been met on the
aforementioned rezonings. The date the property has been REZONED triggers
the reassessment.
From the time the assessment is derived until the effective assessment date,
July First, there can be a time lapse of as much as eighteen (18) months.
- 50 -
Item I-L-4
NEW BUSINESs ITEM # 25846
ADD-ON
The recommendation from the Planning Commission concerning the MASTER STREET
AND HIGHWAY PLAN will be SCHEDULFD PUBLIC HEARING for the City council
Meeting of August 18, 1986.
Mayor Jones advised he did not foresee this as being the o ly PUBLIC ING,
-1 to formulate an informed
as it would be inappropriate to expect th, Pub ic n na
response so quickiy.
The MASTER STREET AND HIGHWAY PLAN will be ADOPTED only after full
opportunity by the Public to address the City Council.
- 51 -
Item II-M.1
ADJOURNMENT ITEM # 25847
Upon motion by Councilman Moss, City Council ADJOURNED the Meeting at 6:00
P.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
"Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting
Console.
Be y @HoZ@
Chief Deputy City Clerk
@th I
City Clerk
City of Virginia Beach
Virginia