JUNE 2, 1986 MINUTES
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June 2, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL Conference Room - 12:30 Pm
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II- REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL Council Chambers - 2:00 pM
A. INVOCATION: Reverend J. E. Foster, Jr.
Thalia Lynn Baptist Ch,,rch
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of May 19, 1986.
G. PRESENTATIONS
1. Resolutions - Merit Scholarships
Felicia M. Ames Cox High School
Allison T. Ballew Cox High School
David H. Emmert First Colonial High School
Andrew N. Greenberg Cox High School
Carla N. Jones Green Run High School
Glenn B. McClanan, Jr. Kellam High School
James R. Mason Kempsville High School
David J. Michael Kempsville High School
Reginald L. Moore Cox High School
Michael J. Rumore Kempsville High School
Elizabeth Anne Siler First Colonial High School
James M. Symons Cox High School
Susan E. Wood Cox High School
H. PROCLAMATION
1. Hurricane Awareness Week June 1-7, 1986.
I. PUBLIC HEARING
1. Master Street and Highway Plan
J. PLANNING - RECONSIDERATION
RECONSIDERATION No. CC-003: Application of Crystal Point
Associates for Changes of Zoning, located on the south side
of Northampton @ulevard at the intersection of Shell Road,
containing 7.5 acres (Bayside Borough):
From R-1 Residential District to R-8 Agricultural District;
AND,
From R-8 Residential District to PD-H2 Planned Unit
Development District.
RECONSIDERATION referred to Planning Commission, 3/17/86
This item was DEFERRED May 19, 1986.
Recommendation: APPROVAL and MODIFY to R-6
K. PLANNING
1. Ordinance for the discontinuance, closure and abandonment
of a portion of Farrar Avenue, beginning at the
intersection with Ackiss Avenue and running in a
southeasterly direction a distance of 148 feet more or less
in the petition of Bryan D. Williams (Lynnhaven Borough).
Recommendation: APPROVAL
2. Application of John Hudson's Lyanhaven Auto Sales, Inc. for
a eonditional u e permit for an automobile repair
establishment on Ihe east side of South Lyanhaven Road,
670.53 feet south of St. Albans Common, located at 440
South Lynnhaven Road containing 33,628 square feet
(Lynnhaven Borough).
Recommendation: APPROVAL
3. Application of Albano Cleaners for a Change of Zoning from
A-1 Apartment District to B-2 Communitv-Business District
at the northwest corner of Holland Road and Taft Avenue
(Kempsville Borough).
Recommendation: APPROVAL
4. Application of Weigand Properties, Inc., a ]Kansas
Corporation for a conditional use permit for a hotel at the
northeast corner of Potters Road an(I wesley Drive,
containing 4.332 acres (Lynnhaven Borough).
Recommendation: APPROVAL
5. Application of Virginia Beach Properties, Inc. for a
Variance to Section 4.4(b) of the Subdivision Ordinance,
which requires that all lots confom to the Comprehensive
Zoning Ordinance, located on the east side of Hilltop Road,
90.26 feet north of Mable Lane (Lynnhaven Borough).
Recommendation: DENIAL
6. Application of Norman Cox for a Variance to Section 4.4(b)
of the Subdivision Ordinance, which requires that all lots
conform to the Comprehensive Zoning Ordinance, located on
the west side of Hook Lane, 175 feet north of First Court
Road, (Bayside Borough).
Recommendation: DENIAL
7. Application of Bruce G. Murphy for a Variance to Section
4.4(b) of the Subdivision Ordinance, which requires that
all lots confom to the Comprehensive Zoning Ordinarice,
located at the north side of Connie Lane, 175 west of
Lawrence Drive (Rayside Borough).
Recommendation: DENIAL
8. Application of Lyle L. Tatroe and Earle W. Greene for a
Change of Zonin& from R-5 Residential District to B-2
Community-Business District on property located at the
southwest corner of Salem Road and Recreation Drive,
containing 14.5 acres (Kempsville Borough).
Rec(ymmendation: APPROVAL
9. Application of Hebrew Ar-ademy of Tidewater for a Change of
Zoning from R-8 Residential District to B-2 Community-
Business District on property located at the northeast
corner of Indian River Road and Thompkins Lane, containing
1.09 acres (Kempsville Borough).
Recommendation: APPROVAL
10. Application of McDonald's Corporation for a Change of
Zoning from 0-1 Office District to B-2 Community-Business
District on property located at the northwest corner of
South Lynnhaven Road and Lynnhaven Parkway, containing 1.32
acres (Lynnhaven Borough).
Recommendation: DENIAL
L. RESOLUTION/ORDINANCES
1. Resolution to eliminate from further consideration the
construction of Old Donation Parkway from Independence
Boulevard to Little Neck Road; and, the Extension of Baxter
Road from Princess Anne Road to Churchill Drive.
2. Ordinance to Transfer $220,000 from Water and Sewer Fund
Reserve for contingencies to the Operating Budget for a
consultant rate study on water and sewer services.
3. Ordinance to Transfer Appropriations to Finance a
consultant contract for the preparation of an Executive and
Classified Pay Plan and for performance appraisal review
and recommendations.
4. Resolution to authorize advance refunding of portions of
prior bond issues and to authorize the City Manager to
enter into an agreement with Gold,,n, Sachs and Company as
underwriter for the issue.
M. 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 Agerida, it will be discussed and voted
upon separately.
1. Resolutions - Merit Scholarships
Felicia M. Armes Cox High School
Allison T. Ballew Cox High School
David H. Emmert First Colonial High School
Andrew N. Greenberg Cox High School
Carla N. Jones Green Run High School
Glenn B. Mr.Clanan, Jr. Kellam High School
James R. Mason Kempsville High School
David J. Michael Kempsville High School
Reginald L. Moore Cox High School
Michael J. Rumore Kempsville High School
Elizabeth Anne Siler First Colonial High School
James M. Symons Cox High School
Susan E. Wood Cox High School
2. Ordinance authorizing the City Manager to execute two Deeds
of Easement between the City of Virginia Beach and Hampton
Roads Sanitation District.
3. Ordinance to transfer $18,000 from reserve for
contingencies to provide furniture for Circuit Courtroom
#7.
4. Ordinance to transfer $70,000 to Project #6-969 Old Dam
Neck Road/Da Vinci Drive sewer for the elimation of health
hazards.
5. Ordinance to transfer $301,000 of appropriations within the
Department of Social Services to be applied toward the
excess expeaditures in the Public Assistance Unit.
6. Ordinance upon FIRST RE&DING to appropriate $127,000 in the
Department of Social Services to cover excess expenditures
in the Pub]-ic As6istance Unit.
7. Ordinance upon FIRST READING to appropriate $151,984 for
the capping of Mount Trashmore;
AND,
Accept the LOW BID of DJW Construction Company in the
amount of $579,000 for the capping of Mount Trashmore.
8. Ordinance upon SECOND READING to accept and appropriate a
$1500 Grant for funding an Automobile safety Pre-School
Training Program
9. Ordinance to authorize and direct the City Manager to
execute water and sewer cost participation agreements for
the Shadowlawn Heights area.
10. Ordinance to authorize and direct the City Manager to
execute asewer cost participation agreement with O.W.L.
LTD.
11. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Lynnhaven Promenade to James
W. Weaver, his heirs, assigns and successors in title.
12. Ordinance authorizing license refunds in the amount of
$1,910.70.
13. Ordinance authorizing tax refunds in the amount of
$2,557.87.
N. UNFINISHED BUSINESS
0. NEW BUSINESS
1. Request to expedite a Conditional Use Permit: Aqua Sports,
Incorporated - Recreational Facilities of an outdoor
nature.
2. REQUEST FOR RECONSIDERATION NO. CC-005: Ordinances for the
discontinuance, closure and abandonment in the petitions of
Jerry F. McDonnell (Virginia Beach Borough) pertaining to
portions of the following:
a . An unnamed lane located 140 feet north of 27th Street,
containing .091-acre.
b. A portion of 28th Street, containing .67-acre.
c. An unnamed lane located 140 feet north of 28th Street,
containing .178-acre.
d. A portion of 29th Street, containing .46-acre.
Applicant requests flexibility.
3. REQUEST FOR RECONSIDERATION NO. CC-006: Application of
Luther and Gaither Jackson for a Change of Zoning from R-5
Residential District to B-2 Community-Business District,
located on the west side of Salem Road, containing 25 acres
(Kempsville Borough).
Applicant requests permission to construct homes for
children.
4. REQUEST FOR RECONSIDERATION NO. CC-007: Application of
Laker.ide Construction Corporation for a conditional use
permit for a borrow pit, located 100 feet north of
Sandbridge Road and running in a northeasterly direction to
the Southern boundary of Proposed Ferrell Parkway,
containing 3.672 acres (Princess Anne Borough).
Applicant requests adjustment to top of bank around the
lake.
5. Resolution accepting the conclusions and recommendations of
the Great Neck and Little Neck Groundwater Task Force.
6. Presentation: Exposed Seawall - Beachfront on Chesapeake
Bay West of Lesner Bridge.
P. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 2, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, June 2, 1986, at 12:30 P.m.
Council Members Present;
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech (ENTERED: 1:15 P.M.)
J. Henry McCoy, Jr., D.D.S. (ENTERED: 1:15 P.M.)
- 4 -
ITEM # 25436
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotio,,i, 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 Baum, seconded by Councilman Robert Jones, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech (ENTERED: 1:15 P.M.)
J. Henry McCoy, Jr., D.D.S. (ENTERED: 1:15 P.M.)
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 2, 1986
2:15 P.M.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on
Monday, June 2, 1986, at 2:15 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend J. E. Foster, Jr.
Thalia Lynn Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 25437
Councilman Robert Jones referenced an Ordinance to transfer $18,000 from
reserve for contingencies to provide furniture for Circuit Courtroom #7.
(See item II-M.3 of the Consent Agenda).
Item II-D.2
CONSENT AGENDA ITEM # 25438
Councilman Jennings referenced an Ordinance upon FIRST READING to
appropriate $151,984 for the capping of Mount Trashmore. (See Item II-M.7
of the Consent Agenda).
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1 ITEM # 25439
Mayor Heischober advised the Request to expedite a Conditional Use Permit:
Aqua Sports, Incorporated - Recreational Facilities of an outdoor nature
(See Item II-0.1 under NEW BUSINESS), will be MOVED forward on the AGENDA
to the first item under PLANNING.
Item II-E.2. ITEM # 25440
Mayor Heischober further advised Councilman Jennings will address the
designation of "No Discharge Areas- as an ADD-ON under UNFINLSHED BUSINESS.
6
Item II-F.1
MINUTES ITEM 25441
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council DEFERRFN APPROVAL of the MINUTES of May 19, 1986 until the City
Council Meeting of June 9, 1986.
Councilman Baum requested the application of LOTUS ASSOCIATES, Item
25412, Pages 20 and 21, Conditions No. 3 and 4 be CORRECTRED and REPHRASED.
Vice Mayor McClanan requested Condition No. 2 also be clarified.
A CORRECTED copy of the section of the MINUTES concerning ORDINANCE UPON
APPLICATION OF LOTUS CREEK ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-4 (AS MODIFIED)
and FROM R-8 and R-4 to PD-H2 is hereby made a part of the proceedings.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Robert E. Fentress
Council Members Absent:
None
Item II-J.8
PLANNING ITEM 25412
James Morrow, General Partner, Lotus Creek Associates, represented the
applicant
Ralph Martin, Consultant with Richardson-Negg & Martin from Newport Beach,
California, presented the site plan.
Dr. Dean Kent, president of the Sigma Civic League Association and the
president of the Sandbridge-Courthouse Coalition of Civic Leagues, spoke
in OPPOSITION.
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED Ordinances upon application of LOTUS CREEK ASSOCIATES for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF LOTUS CREEK
ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, FOR A
CHANGE OF ZONING DISTICT CLASSIFICATION FROM AG-2 TO
R-8 R-4 (AS MODIFIED) Z05861088
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Lotus Creek
Associates, a Virginia Limited Partnership, for a
Change of Zoning District Classification from AG-2
Agricultural District to R-8 R-4 (AS MODIFIED)
Residential District on the east side of Atwoodtown
Road, 190 feet more or less south of Entrada Drive.
Said parcel is located at 2700 Atwoodtown Road and
contains 30 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LOTUS CREEK
ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8
and R-4 TO PD-H2 Z05861089
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Lotus Creek
Associates, a Virginia Limited Partnersip, for a
Change of Zoning District Classification from R-8
and R-4 Residential District to PD-H2 Planned Unit
Development District on the east side of Atwoodtown
Road, 190 more or less south of Entrada Drive. Said
parcel is located at 2700 Atwoodtown Road and
contains 130 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
8
Item II-J.8
PLANNING ITEM 25412 (Continued)
The following conditions shall be required:
1. MODIFIED to R-4
2. Submittal of the P-1 Preservation District before the Site Plan
Review for the Golf Course, passive and other recreational areas
by the Homeowner's Association.
3. The Applicant has agreed to pay for the widening of Atwoodtown
Road subject to the proper dedication of property; or, if
necessary, the City will exercise its condemnation power and the
applicant wil reimburse the City for all costs associated with
acquiring this property.
4. Applicant has agreed at time of Site Plan Approval he will pay
for traffic control at the intersection of Atwoodtown Road and
Sandbridge Road (signalization).
5. The trees along Atwoodtown Road shall remain, or a landscape
buffer shall be provided immediately adjacent to the road.
6. Sixty (60) dwelling units will be developed on a 30-acre tract
for a total of 300 units when combined with the 240 adjacent
units on acreage r@eviously zoned R-8.
7. Dwelling units shall include 82 single-family detached, 106
single-family attached and 112 cluster homes.
8. The applicant shall adhere to the 35-foot height limitation for
all units.*
The folllowing conditions previously applied on My 19, 1980, for SANDBRIDGE
ROAD ENTERPRISES shall also apply to this application:
1. Restrictions agreed upon by the petitioner and approved by the
City Attorney that no use permit wil be issued until the golf
course is completed.
2. Restricted to 240 units on the 240 acres.
3. Subject to City Water and City Sewer.
4. Standard improvements as required by Site Plaa and Subdivision
Ordinances, as applicable.
5. If Wetlands are involved in the area proposed for construction,
the developer must obtain the necessary permits from the
appropriate Federal, State and Local authorities.
6. Right-of-way improvements will be necessary along Atwoodtwon
Road; this includes pavement widening, curb and gutter, and
drainage facilities.
7. The developer has voluntarily agreed to construct a maximum of
240 untis and the remainder of the 240 acre tract shall be solely
for a golf course. This agreement is to be recorded in the
Office of the Clerk of Circuit Court.
8. No housing units are to be constructed prior to completion of the
golf course.
9. A ten-foot dedication along Atwoodtown Road.
10. The dedication of a 300-foot drainage easement for Canal #1
centered over the existing Canal along the Eastern proeprty line.
11. The dedication of a 160-foot drainage easement centered over the
existing Canal along the northern property line.
12. Full site improvements for interior streets.
These Ordinances shall be effective upon the date of adoption.
Adopted by the council of the City of Virginia Beach, Virginia, on the
Nineteenth day of May, Nineteen Hundred and Eighty-six.
@9
Item II-J.8.
PLANNING ITEM 25412 (Continued)
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heiscbober, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
Robert E. Fentress
19 1
- I @-
Item II-C.1 ITEM # 25442
PRESENTATIONS
14ayor Heischober PRESENTED RESOLUTIONS IN RECOGNITION to the MERIT SCHOLARS:
Felicia M. Armes Cox High School
Allison T. Ballew Cox High School
David H. Emmert First Colonial High School
Andrew N. Greenberg Cox High School
Carla N. Jones Green Run High School
Glenn B. McClanan, Jr. Kellam High School
James R. Mason Kempsville High School
David J. Michael Kempsville High School
Reginald L. Moore Cox High School
Michael J. Rumore Kempsville High Schooi
Elizabeth Anne Siler First Colonial High School
James M. Symons Cox High School
Susan E. Wood Cox High School
These RESOLUTIONS recognized the outstanding educational achievements of t:he
aforementioned students.
Item 11-H. 1
PROCLAMATION ITEM 25443
Mayor Heischober PROCLAIMED June 1 7, 1986, as:
HURRICANE AWARENESS WEEK
Lee Eskey, Co-ordinator for Emergency Services, ACCEPTED this PROCLAMATION.
This PROCLAMATION urged citizens to prepare themselves for emergency
situations arising during HURRICANE SEASON and advised the City's Office of
Emergency Services is responsible for educating the general public regarding
the dangers associated with same.
rartamati a
WHEREAS, hurricanes are dangerous storms capable of devastating the areas over which
they pass and producing a high threot to the lives and property in these areas; and
WHEREAS, Virginia Beach, being a coastal community, Is a high risk area with its entire
eastern and northern boundaries exposed to the devastating effects of a hurricane and interior
portions exposed to flooding and/or wind damage; and
WHEREAS, for the protection of the citizens of Virginia Beach and their property, it is
important that they be made aware of the dangers ossocloted with these storms cind how to
protect their lives and property through advance recognition and preparation; and
WHEREAS, the City of Virginia Beach, Office of Emergency Services, is responsible for
efforts directed towards educating the general public regarding the dangers associated with
hurricanes; and
WHEREAS, June I marks the official beginning of the hurricane season.
NOW, THEREFORE, 1, Horold Heischober, Mayor of the City of Virginia Beoch, dd hereby
procloim June 1-7, 1986 os
HURRICANE AWARENESS WEEK
In Virginia Beach and urge citizens to prepare themselves for emergency situations which may
arise during the hurricane season.
IN WITNESS WHEREOF, I have hereunto set my hcind and caused the seal of the City of
Virginio Beach, to be affixed this second day of June, nlneteen hundred and eighty-slx.
Fiaro@e-isc-h66-er-
Mayor
- 12 -
Item II-I.1
PUBLIC RFARTNG ITEM # 25444
Mayor Heischober DECLARED a PUBLIC @ING:
MASTER. STREET AND HIGHWAY PLAN
Patrick E. O'Keeffe, resident of Silina Drive, opposed to widening of South
Plaza Trail.
Charles R. Pedrick, resident of Windsor Woods, opposed to the widening of
South Plaza Trail.
There being no further speakers, the Mayor CLOSED the PUBLIC HFARING
-.NOTICEOF\
PUBLIC HEARIN&
Virginia:
T'he City
Bcptch wil
on propo!
Mastcr Strcet and Highway P4m
and on adoption of a pobcy cdn-
ccming thc Green Linc. These i&c
in accordance with recent coil
sultant studies by Harland Biir-
tholemew and Associates. @c
mccting wiu be held in the Coim-
til Chambcrs of the City 'BaH
B ilding, Municipal Ccitcr,
@rincess @i gijceion, Vjiginia
Beach, Virginia, on Junc ;,' 1986.
at 2:00 p.m.
Aji interesi in-
vitectti)&Ucn(
Ruth H6dift
City Clerk
255-19 2t 5-21 VB
Item II-J.1
PLANNING - RECONSIDERATION ITEM 25445
Attorney Robert Cromwell represented the applicant and reiterated only 26
single family-detached homes would be constructed.
G. S. Divaris, represented Divaris Real Estate.
OPPOSITION:
Delores McGarvey, President of Lakeview Park Civic League
Mary Gawne, resident of Lakeview Park
Carl A. LaHorner, 12-year resident of Lakeview Park
Patricia McKenney, resident of Lakeview Park
Frank S. Smith, Jr., represented the Lakeview Park Civic League
A MOTION was made by Councilman Louis R. Jones, seconded by Councilwoman
Oberndorf to DENY RECONSIDERATION NO. CC-003: Ordinances upon application
of CRYSTAL POINT ASSOCIATES for Changes of Zoning, located on the south
side of Northampton Bouelvard at the intersection of Shell Road, containing
7.5 acres (Bayside Borough): From R-1 Residential District to R-8
Agricultural District, and from R-8 Residential District to PD-H2 Planned
Unit Development Distict.
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Jennings,
City Council ADOPTED RECONSIDERATION NO. CC-003, Ordinances upon
application of CRYSTAL POINT ASSOCIATES for Changes of Zoning:
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-1 to R-5 (AS AMENDED)
Z06861090
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACR,
VIRGINIA
Ordinance upon application of Crystal Point
Associates for a Change of Zoning District
Classification from R-1 Residential District to ]L=S,
R-5 (AS AMENDED) Residential District on certain
property located on the south side of Northampton
Bouelvard at the intersection with Shell Road. Said
parcel contains 7.5 acres. Plats with more detailed
information are available in the Department of
Plauning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM &=& R-5 (AS AMENDED) to PD-R2
Z06861091
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Crystal Point
Associates for a Change of tr
Classification from R a 9 (AS AM
= R- E=ResDid tiicalt
Distict to PD-H2 Plannid-Unit Development District
on certain property located on the south side of
Northampton Boulevard at the intersection with Shell
Road. Said parcel contains 7.5 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
14 -
Item II-J-1
PLANNING - RECONSIDERATION ITEM # 25445 (Continued)
The following conditions shall be required:
1. Amended to R-5 Residential District.
2. The maximum number of units permitted shall be no more than
three (3) to the acre.
3. An Oil/Water Separator sball be required.
This Oridnance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Second day of June, Nineteen Hundred and Eighty-six.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert
G. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Louis R. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
June 2 1986
Item II-K.1
ITEM # 25446
PLANN114G
Bryan D. Williams, the applicant, represented himself.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council DEFERRED 180 days for COMPLIANCE until the City Council Meeting of
December 1, 1986, an Ordinance for the discontinuance, closure and
abandonment of a portion of Farrar Avenue in the petition of BRYAN D.
VIIJ,IAMS:
Application of Bryan D. Williams for the
discontinuance, and abandonment of a portion of
Farrar Avenue beginning at the intersection of
Ackiss Avenue and running in a southeasterly
direction a distance of 148 feet more or less. Said
parcel is variable in width from 28-04 feet to 30.73
feet and contains 4,334 square feet. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property to incorporate the closed area into
the adjoining parcels and to insure that all lots have access to
a public street.
2. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
3. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress
McGo,A-AN & OLDS
ATTORNEYS AND COUNSELLORS AT LAW
NEWTOWN PROFESSIONAL PARK
156 NEWTOWN ROAD.SUITE A-1
ARTHUFI G. McGOWAN VIRGINIA BEACH.VIRGINIA 23462 lt4 CHESAPEAKE REPLY TO:
EILEEN A.OLOS P. 0. BOX 16071
J. CHERYL J. AVERY TELEPHONE! (804, 473-3400 CHESAPEAKE,VIRGINIA 23320
Bryan D. Williams (804) 482- 7333
CERTIFICATE OF VESTING OF TITLE
I, Arthur G. McGowan, attorney for Bryan D. Williams do
hereby certify that:
1. I am an attorney at law and represent Bryan D. Williams
the Petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia
then title to said property will vest in Bryan D. Williams the
adjacent landowner:
. The said property referred to herein is hereby described as
follows;
Farrar Avenue beginning at a point at the North
eastern intersection of Farrar Avenue and Ackiss
AVenue and thence south 600 351 East a distance of
147.48 feet plat (148.72 feet field) to a point;
thence south 350 031 West a distance of 30.73 feet
to a point; thence N580 57' 47" west a distance of
6.87 feet to a point; thence N590 03' 46" west a
distance of 148.10 feet, thence along a turn to the
right a distance of 28.04 feet to the point of
beginning. (Portion to be vacated is designated as
4334 square feet of Farrar Avenue),
By
/.,t r,,@y fr(P@tltio@er
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE tJIDTII KNOWN AS FARRAR
AVENUE, LOCATED IN TliE LYNNIIAVEN BOROUGli
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"STREET CLOSURE.PLAT Or A PORTION OF FARRAR
AVENUE AS SIIOWN ON PLAT ENTITLED OLIVE
HEIGHTS ANNEX NO. 2, SEATACK, LYNNHAVEN
BOROUGH, VIRGINIA BEACII, VIRGINIA: "WHICH
PLAT IS RECORDED IN THE CLERK'S OFFICE OF
THE CIRCUIT COURT OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA IN MAP BOOK 16, AT PAGE 78.
WHEREAS, it appearing by affidavit that proper notice
has been given by Bryan D. Williams that he would make applica-
tion to the Council of the City of Virginia Beacti, Virginia,
on April 21st, 1986, to liave tlie hereinafter described street
discontinued, closed and vacated; and
WHEREAS, it is thejudgment of the Council that said
street be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Counci.1 of the City of virginia
Beach, Virg inia, that tho hereinafter described street be di.s-
continued, closed and vacatcd:
Farrar Avenue beginning at a point at the North
eastern intersection of Parrar Avenue and Ackiss
Avenue and thence south 600 35' East a distance of
147.48 feet plat (148.72 feet field) to a point;
thence south 350 03' West a distance of 30.73 feet
to a point; thence N580 57' 47" west a distance of
6.87 feet to a point; thence N 59 003' 46" West a
distance of 148.10 feet, tlience along a turn to the
right a distance of 28.04 feet to the point of
cGowan & Olds beginning. (Portion to be vacated is designated as
4334 square feet of Farrar Avenue).
Said parcel of land being a portion of Farrar Avenue, as
indicated on that certain plat entitlcd "Street Closure Plat of
ti
A Portion of Farrar Avenuc as shown on plat entitled Olive
Heights Annex No. 2, Scatack, Lynnhaven Borough, Virginia
Beach, Virginia:" which plat is attached hereto and madd a part
hereof and to which reference is made for a more particular
description.
SECTION II
A certified copy of this ordinanace shall be filed in the
office of the Circuit Court ofthe city of Virginia Beach,
1, Virginia indexed in the name of the City of Virginia Beach,
as grantor.
& Olds
Item II-K.2
PLANNING ITEM 25447
Attorney Robert Reed represnted the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of JOHN HUDSON'S LYNNHAVEN
AUTO SALES, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN HUDSON'S
LYNNHAVEN AUTO SALES, INC. FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
R0686840
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of John Hundson's
Lynnhaven Auto Sales, Inc. for a Conditional Use
Permit for an automobile repair establishment on the
east side of South Lynnhaven Road, 670.53 feet south
of St. Albans Common. Said parcel is located at 440
South Lynnhaven Road and contains 33,628 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. No outside storage of vehicles, parts or repairs.
3. No continuous repair vehicles shall be allowed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Second day of June, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S- and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 2, 1986
- 17 -
Item II-K.3
PLANNING ITEM # 25448
Attorney Michael Wood represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ALBANO CLEANERS for a
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF ALBANO CLEANERS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO
B-2 Z06861092
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Albano Cleaners for a
Change of Zoning District Classification from A-1
Apartment District to B-2 Community-Business
nistrict at the northwest corner of Holland Road and
Taft Avenue on Lots 1-17, Block 1, Pecan Gardens.
Said parcel contains 39,204 square feet. KEMPSVILLE
BOROUGH
The following condition shall be required:
1. No curb cuts are to be permitted on Holland Road. Entrance and
exit to this site is to be off Taft Road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Second day of June, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Item II-K.4.
PLANNING ITEM 25449
Attorney Michael Wood represented the applicant
OPPOSITION:
Attorney John Lomax reprented the Cheltenham Homeowners Association.
C. B. King, President of the Cheltenham Homeowners Association presented
photographs related to this particular property and the adjacent
WETLANDS, as well as, petitions in OPPOSITION containing over
200 signatures. Said photographs and petitions are hereby made a part of
the record.
Letter from Terry Dee, a homeowner in the Cheltenham neighborhood, dated
May 31, 1986, stating OPPOSITION to said application is hereby made a
part of the record.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DENIED an Ordinance upon application of WEIGAND PROPERTIES, INC., A
KANSAS CORPORATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WEIGAND PROPERTIES,
INC., A KANSAS CORPORATION, FOR A CONDITIONAL USE
PERMIT FOR A HOTEL
Ordiriance upon application of Weigand Properties,
Inc., a Kansas Corporation, for a Conditional Use
Permit for a hotel on certain property located at
the northeast corner of Potters Road and Wesley
Drive. Said parcel contains 4.332 acres. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 19 -
Item II-K.5
PLANNING ITEM # 25450
Carl Kindred represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED the application of VIRGINIA BEACH PROPERTIES, INC. for a
Variance to Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elemeats of the Subdivision
Ordinance, Subdivision for Virginia Beach
Properties, Inc. Said parcel is located on the east
side of Hilltop Road, 90.26 feet north of Mable
Lane. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
- 20 -
Item 11-K.6
PLANNING ITEM # 25451
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings,
City Council ALLOWED WITHDRAWAL of an Ordinance upon application of NORMAN
COX for a Variance to Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Norman Cox. Property is
located on the west side of Hook Lane, 100 feet
north of First Court Road. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The City Staff advised action by City Council was not required on this
particular application.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. FentresS, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item II-K.7.
PLANNING ITEM # 25452
Attorney Bruce G. Murphy represented his application and presented a
petition in support of said application. This petition is hereby made
a part of the record.
OPPOSITION:
Sadye R. Shaw, resident of Newsome Farms and Member of Citizens Advisory
Committee
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council DENIED the application of BRUCE G. MURPHY for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivison
Ordinance, Subdivision for Bruce G. Murphy. Said
parcel is located on the north side of Connie Lane,
175 feet west of Lawrence Drive. Plats with more
detailed information are available in the Department
of Planning. BAYSIDE BOROUGH. (NEWSOME FARMS TARGET
AREA)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
- 22 -
Item Il-K.8.
PLANNING ITEM # 25453
Attorney Robert Cromwell represented the applicant
OPPOSITION:
Davis W. Chase, Architect, resident of Bellamy Plantation
Gene Smith, President of the Salem Woods Civic Association presented a
petition from the SALEM WOODS CIVIC ASSOCIATION containing 424
signatures. (Said petition is hereby made a part of the record).
Robin Ahern represented Bellamy Plantation and presented petitions in
opposition from BELLAMY PLANTATION and SALEM COMMUNITY LEAGUE, as well
as a letter from Anne L. Jackson, President of the SALEM CIVIC LEAGUE.
(Said letter and petitions are hereby made a part of the record.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of LYLE L. TATROE and EARLE W.
GREENE for a Change of Zoning:
ORDINANCE UPON APPLICATION OF LYLE L. TATROE AND
EARLE W. GREENE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO B-2
Ordinance upon application of Lyle L. Tatroe and
Earle W. Greene for a Change of Zoning District
Classification from R-5 Residential District to B-2
Community-Business District on certain property
located at the southwest corner of Salem Road and
Recreation Drive. Said parcel contains 14.8 acres.
plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item II-K.9
PLANNING ITEM # 25454
Attorney Glenn Croshaw represented the applicant and advised this
application does not lie within the NEWLIGHT TARGET AREA.
OPPOSITION:
Reverend Thomas Jennings, represented the residents of NEWLIGHT and
presented a petition in OPPOSITION, and a photograph depicting the Change
of Zoning sign with an incorrect date. (Said items are hereby made a part
of the record).
Russell L. Clark, President of Newlight Civic League
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of HEBREW ACADEMY OF TIDEWATER for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF HEBREW ACADEMY OF
TIDEWATER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO @- 0-1 (AS AMENDED)
Z06861093
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Hebrew Academy of
Tidewater for a Change of Zoning District
Classification from R-8 Residential District to B-i
-1 (AS AMENDED) Community-Business District Office
@istrict on certain property located at the
northeast corner of Indian River Road and Thompkins
Lane. Said parcel contains 1.09 acres. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Amended to 0-1 Office District.
2. No curb cuts are to be permitted on Indian River Road. Entrance
to this site is to be off Thompkins Lane.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Second day of June, Nineteen Hundred and Eighty-six.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
- 24 -
Item II-K.10
PLANNING ITEM # 25455
Attorney Robert Cromwell represented the applicant and advised McDonald's
Corporation is requesting only 1.32 acres of their total 3.1 be rezoned.
The balance of this property will not be developed. All of the existing
trees will remain.
Bill Savage, McDonald's Real Estate Representative, also represented the
applicant
Lee Williams, President of Doyleway Civic League, spoke in OPPOSITION
A MOTION was made by Councilman Jennings, seconded by Councilwoman Creech
to ADOPT an Ordinance upon application of McDONAIJ)'S CORPORATION for a
Change of Zouing from 0-1 Office District to B-2 Community-District on
property located at the northwest corner of South Lynnhaven Road and
Lynnhaven Parkway in the Lynnhaven Borough.
A SUBSTITUTE MOTION was made by Vice Mayor McClanan, seconded by
Councilwoman Oberndorf to DENY an Ordinance upon application of McDONAIJ)'S
CORPORATION for a Change of Z@n from 0-1 Office District to B-2
Community-Business District on property located at the northwest corner ot
South Lynnhaven Road and Lynnhaven Parkway. LYNNHAVEN BOROUGH.
Voting: 4-7 (SUBSTITUTE MOTION FAILED)
Council Members Voting Aye:
John A. Baum, Barbara M. Heuley, Vice Mayor Reba S. McClanan and
Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Heriry
McCoy, Jr., D.D.S.
Council Members Absent:
None
- 25 -
Item II-K.10
PLANNING ITEM # 25455 (Continued)
Upon motion by Councilman Jennings seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon applciation of NcDONAIJ)'s CORPORATION for
a Change of Zoning:
ORDINANCE UPON APPLICATION OF McDONALDS'S
CORPOP,ATION FOR A CHANGE OF ZONING FROM 0-1 TO B-2
Z06861094
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of McDonald's Corporation
for a Change of Zoning District Classification from
0-1 Office District to B-2 Community-Business
District on certain property located at the
northwest corner of South Lynnhaven Road and
Lynnhaven Parkway. Said parcel contains 1.32 acres.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The follwing conditions shall be required:
1. Trees shall remain and not be disturbed.
2. Traffic concerns shall be resolved with the City's Traffic
Engineers.
3. Architecture is to be "Colonial" as per the rendering submitted
and made a part of the record.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Second day of June, Nineteen Hundred and Eighty-six.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Vice Mayor Reba S. McClanan and
Meyera E. Oberndorf
Council Members Absent:
None
- 26 -
Item II-L.1
RESOLUTIONS ITEM # 25456
Hazel Karst, resideat of Brookway Court, spoke in favor of this
Resolution.
The following registered in support of same, but did not speak:
Linda C. Browder
lieather J. Tace
Steve Taubman
Upon motion by Councilman Jennings, seconded by Councilman Lo,uis Jones, City
Council ADOPTED, AS AMENDED:*
Resolution to eliminate from further consideration
the construction of Old Donation Parkway f rom
Independence Boulevard to Little Neck Road; and, the
Extension of Baxter Road from Princess Anne Road to
Churchill Drive.
*The word "permanently" shall be eliminated from the fifth paragraph, second
sentence of said resolution.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abse,.it:
None
A RESOLUTION TO ELIMINATE FROM
FURTHER CONSIDERATION THE
CONSTRUCTION OF OLD DONATION
PARKWAY FROM INDEPENDENCE
BOULEVARD TO LITTLE NECK ROAD
AND THE EXTENSION OF BAXTER
ROAD FROM PRINCESS ANNE ROAD
TO CHURCHILL DRIVE
WHEREAS, during a public hearing held by the Planning
Commission of the City of Virginia Beach on May 27, 1986, the
Planning Commission voted to recommend that the City eliminate
from further consideration the construction of old Donation
Parkway from Independence Boulevard to Little Neck Road and the
extension of Baxter Road from Princess Anne Road to Churchill
Drive; and
WHEREAS, the City Council is of the opinion that the
recommendation of the Planning Commission should be adopted and
that the aforesaid roadways should not be constructed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That it is hereby determined that it would not be in the
best interest of the citizens of the City of Virginia Beach to
construct Old Donation Parkway from Independence Boulevard to
Little Neck Road or to extend Baxter Road from Princess Anne Road
to Churchill Drive; and
That the aforesaid roadways shall hereafter be
eliminated from any further consideration in planning the
roadways of this City.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 2nd day of June 1986.
GLF/jmh
5/29/86
(RES)
- 27 -
Item II-L.2
RESOLUTIONS ITEM # 25457
Edward Bankston, private taxpayer, spoke in OPPOSITION.
Upon motion by Councibnan McCoy, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of June 9, 1986:
Ordinance to Transfer $220,000 from Water and Sewer
Fund Reserve for contingencies to the Operating
Budget for a consultant Rate Study on water and sewer
services.
Voting: 11-0
Co=cil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
28 -
Item II-L.3
ORDINANCES ITEM 25458
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City council
ADOPTED:
Ordinance to Transfer $65,000 in Appropriations to
Finance a consultant contract for the preparation of
an Executive and Classified Pay P@ and for
performance appraisal review and recommendations.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert E. Fentress and Vice Mayor Reba S. McClanan
Council Members Absent:
None
AN ORDINANCE TO TRANSFER
APPROPRIATIONS TO FINANCE
A CONSULTANT CONTRACT FOR
THE PREPARATION OF AN EXECUTIVE
AND CLASSIFIED PAY PLAN AND FOR
PERFORMANCE APPRAISAL REVIEW AND
RECOMMENDATIONS
WHEREAS, it is the City's desire to maintain a competitive pay plan and
to attract and retain quality employees, and
WHEREAS, to continue these efforts it is periodically necessary to
review and revise the City's salary structure, benefit package and performance
appraisal process, and
WHEREAS, requests for proposals have been received from independent
consultants to provide the review and revision, and
WHEREAS, the consulting firm of Cresap, McCormick and Paget was
selected at a cost of $65,000, and
WHEREAS, in order to proceed with a contract it is necessary to provide
funding through the transfer of appropriations from the General Fund Reserve for
Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that appropriations in the amount of $65,000 are hereby
transferred from the General Fund Reserve for Contingencies to finance the
consultant contract for preparation of an executive and classified pay plan and
for performance appraisal review and recommendations.
BE IT FURTHER ORDAINED, that the City Manager is hereby authorized to
enter into the attached consultant contract with Cresap, McCormick and Paget for
those services.
Adopted by the Council of the City of Virginia Beach, Virginia on the
2nd day of June - , 1986.
This ordinance shall be effective from the date of its adoption.
KAR/2 ORD2
- 29 -
Item II-L.4
RESOLUTION ITEM # 25459
Upon motion by Councilwoman Jennings, seconded by Councilman McCoy, City
Council ADOPTED:
Resolution to authorize advance REFUNDING of portions
of prior bond issues and to authorize the City
Manager to enter into an agreement with Goldman,
Sachs and Company as underwriter for the issue.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,Mayor
Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
A RESL)LUTIOII 'fO AUTHORI@,-'E P.DVANCE
REFUNDING OF PORTIONS OF PRIOR BOND
ISSUES AND "'O AUTHORI-.E THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
GOLDMAN, SACHS AND COMPANY As UNDERWRITER
FOR THE ISSUE
WHEREAS, it is the desire of City Council to save on debt
service costs by advance refunding certain bond issues, and
WHEREAS, proposals have been received and interviews have
been conducted with several underwritirig firins, and
WHEREAS, tentative dates have beeri discussed for iiieetirigs
with the State Commission on Local Debt.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that an advance refunding is hereby approved and
the City Manager is directed to meet with the State Commission on
Local Debt to present a refunding plan and seek its approval, and
BE IT FURTHER RESOLVED, that tbe City Manager is authorized
to enter into an w,-th GcIrAin-@ii, Sachs aiid Co)Ppany to
serve as u:iderwriter fc)r clii@s advanc,- reflirldirg issu@,.
'Adapted by the City Council of tlie City of Virginia Beach on
2nd June
the day of 1986.
30 -
Item II-M
CONSENT AGENDA ITEM # 25460
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 8, 9, 10, 12 and 13.
Items #3, #7 and #11 were voted upon separately.
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley *H. Jack
Jennings, Jr., *Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
*Councilman Jennings and Councilman Louis Jones VER.BALLY A.BSTAINED o,
Item #10
- 31 -
Item II-M.1
CONSENT AGENDA ITEM # 25461
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Resolutions Merit Scholars
Felicia M. Armes Cox High School
Allison T. Ballew Cox Bigh School
David H. Emmert First Colonial High School
Andrew N. Greenberg Cox lfigh School
Carla N. Jones Green Run High School
Glenn B. McClanan, Jr Kellam High School
James R. Mason Kempsville High School
David J. Michael Kempsville High School
Reginald L. Moore Cox High School
Michael J. Rumore Kempsville High School
Elizabeth Anne Siler First Colonial High School
James M. Symons Cox High School
Susan E. Wood Cox High School
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION IN RECOGNITION
TO
FELICIA M. ARNES
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future a'.Id its promises, as well
as in the divine joy of living;
WHEREAS: Felicia M. Armes ranks 45th in Cox Iligh School's
graduating class of 406 with a scholastic average of 3.31 and has been
commended as a semifinalist by the National Hispanic Scholar Award
Program. Felicia, who is listed in Who's Who Among
School Students, served on her high school Executive Council, as Sports
Editor of the yearbook, and has been a member of both the Tatin and
French Clubs. On the National Latin Exam last year, she won a
Certificate of Honorable Merit Magna Cum Laude.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
FELICIA M. ARMES, COX HIGH SCHOOL
and to congratulate Felicia, who will in the very near future represent
Virginia Beach at a selected university or college where she will serve
as an Ambassador of the City and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
ALLISON T. BALLEW
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehe,.isible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Allison T. Ballew ranks 63rd in Cox High School's
graduating class of 406 with a scholastic average of 3.10 and has been
commended as a semifinalist by the National Hispanic Scholar Award
Program. Allison, who is a member of the National Honor Society,
served as secretary of her junior and senior classes, as a member of
the Executive Council, and as Captions and Headings Editor of the
school's yearbook. She received the Star Award for participation in
both field hockey and softball, having previously won letters and pins
in both sports. Allison is also listed in Who's Who Among American
High School Students. She participated in the Gifted and Talented
Program and took three advanced placement classes.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
ALLISON T. BALLEW, COX HIGH SCHOOL
and to congratulate Allison, who will in the very near future represent
Virginia Beach at a selected university or college where she wi 11
serve as an Ambassador of the City and one of our most outstanding
citizens.
BE IT FURTHER RFSOLVFD: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
DAVID R. EMMERT
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHFREAS: David H. Emmert is Valedictorian of First Colonial High
School's graduating class of 482 with a scholastic average of 4.09 and
is a National Merit Scholarship Finalist. In his senior year, David
was named a member of the Tidewater Scholastic Team for his school, was
the recipient of a National Council Teachers of English Essay Award,
and was named Outstanding English Student of 1986. Previously, he was
named History Student of the Year. A member and treasurer of the
National Honor Society, he was also Vice-President of the Madrigals,
and played leading roles in major school musical productions. He
attended the Governor's School for the Gifted and participated in the
school system's Gifted and Talented Program. He also took two advanced
placement courses at Kellam. In addition, he was an SCA Committee
Chairman, and a member of the Inter Club Council, sang in a church
choir, took voice lessons, and participated in church youth activities
and Virginia Beach Little Theater productions.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
DAVID H. EMMERT, FIRST COLONIAL HIGH SCHOOL
and to congratulate David, who will in the very near future represent
Virginia Beach at Princeton University where he will major in drama and
pre-med and where he will serve as an Ambassador of the City and one
of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
ANDREW N. GREENBERG
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Andrew N. Greenberg ranks 100th in Cox High School's
graduating class of 406 with a scholastic average of 2.85 and was a
National Merit Scholarship Semifinalist. Andrew has been Editor-In-
Chief of the school newspaper, Sergeant-At-Arms of the Inter Club
Council, and a member of the Executive Council, Thespian Society,
Science Club, Computer Club, Model United Nations Organization, and the
school debate team. He has been active in forensics, debate, and drama
activities, and has taken four advanced placement classes.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach Gity Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
ANDREW N. GREENBERG, COX HIGH SCHOOL
and to congratulate Andrew, who will in the very near future represent
Virginia Beach at Yale University where he will major in political
science and where he will serve as an Ambassador of the City and one
of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
CARLA N. JONES
WHERF.AS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's cballenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Carla N. Jones ranks 21st in Green Run High School's
graduating class of 705, with a scholastic average of 3.66 and has been
commended as a semifinalist by the National Achievement Scholarship
Program for Outstanding Negro Students. Carla, a member of the
National Honor Society, the Thespian Society and the Anchor Club, has
also participated actively in debate, band, orchestra and chorus
activities at Green Run. In addition, she is a member of the Youth
Symphony, and involved in volu,.iteer work for the March of Dimes and
American Cancer Society. During lier senior year, she took an advanced
placement calculus Course.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has co',Itributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
CARLA N. JONES, GREEN RUN HIGH SCHOOL
and to congratulate Carla, who will in the very near future represent
Virginia Reach at Princeton University where she will major in
Economics and where she will serve as an Ambassador of the City and one
of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
GLENN B. MCCLANAN, JR.
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHERF,AS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Glenn B. McClanan, Jr. is Valedictorian of Kellam High
School's graduating class of 436 with a scholastic average of 4.09 and
was a National Merit Scholarship Finalist. He has been President of
the National Honor Society at Kellam, Vice-President and Treasurer of
the Key Club, Vice-President of the Senior Senate and German Club, Co-
Editor of the yearbook, and a member of the SCA Executive Council,
newspaper staff, the Inter Club Council and the Video Club. Glenn, who
participated in the school system's Gifted and Talented Program,
successfully completed three advanced placement courses at Kellam. He
also attended the Governor's School for the Gifted, the Governor's
Magnet School for the Arts, and Boy's State. He was captain of the
school's Tidewater Challenge Team, placed first in the Voice of
Democracy, DAR Good Citizen, and State PTA Essay competitions,
participated in the Presidential Classroom, was a member of the All-
Tidewater Scholastic Team, and played varsity tennis.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
GLENN B. MCCLANAN, JR., KELLAM HIGH SCHOOL
and to congratulate Glenn, who will in the very near future represent
Virginia Beach at the University of California at Berkeley, where he
will major in biology and film production and where he will serve as an
Ambassador of the City and one of our most outstanding citizens.
BE IT FURTHFR RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
JA14ES R. MASON
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: James R. Mason ranks 118th in Kempsville High School's
graduating class of 644 with a scholasatic average of 2.98 and was a
National Merit Scholarship Semifinalist. He was an Inter Club
representative, a member of the school's literary magazine staff, and a
member of the Science Club. James, who last year won a Daughters of
the American Revolution Award as the Best History Student at the
school, completed two advanced placement courses. He has also been
active in debate and forensics, has been Science Editor of the Regional
Youth Magazine published in Tidewater, and has been active in church
youth groups.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses i-,l its
deliberations to recognize the outstanding educational achievements of
JAMES R. MASON, KEMPSVILLE HIGH SCHOOL
and to congratulate James, who will in the very near future represent
Virginia Beach at a selected university or college with a major in a
science-related field and where he will serve as an Ambassador of the
City and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
DAVID J. MICHAEL
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that wlaich one gives oneself. As we acqtiire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: David J. Michael, who ranks 61st in Kempsville Iligh
School's graduating class of 644 with a scholastic average of 3.28 and
is a National Merit Scholarship Finalist. He has been co-chairman of
his senior class fund-raising committee, c@captain of the forensic
team, a member of the school literary magazine staff, and served as a
teacher's aide with his church youth group. A member of the National
Honor Society, David participated in the Virginia Beach Public Shcools
Gifted and Talented Program, and took two advanced placement classes
and participated in, the Presidential Classroom. He also has received
the Pennsylvania State University Freshman Excellency Award.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
DAVID J. MICHAEL, KEMPSVILLF HIGH SCHOOL
and to congratulate David, who will in the very near future represent
Virginia Beach at Pennsylvania State University with a major in
political science and where he will serve- as an Ambassador of the City
and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
REGINALD L. MOORE
WHFREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Reginald L. Moore ranks 58th in Cox Higli School's
graduating class of 406, with a scholastic average of 3.14 and has been
commended by the National Achievement Scholarship Program for
Outstanding Negro Students. In his senior year, Reginald, while also
taking advanced placement calculus, won Star Awards for his outstanding
participation in varsity football, basketball, and baseball, having
previously won his letters and pins in all three sports. As a
sophomore he won the Presidential Patch for Physical Fitness for the
seventh time.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievemeits of
REGINALD L. MOORE, COX HIGH SCHOOL
and to congratulate Reginald, who will in the very near future
represent Virginia Beach at a selected university or college where he
will serve as an Ambassador of the City and one of our most outstanding
citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
MICHAEL J. RUMORE
WHEREAS: Educatiori is the basis upon which individuals shape
their lives, aid perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHERFAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Michael J. Rumore ranks 33rd in Kempsville High School's
graduating class of 644 with a scholastic average of 3.57 and is a
National Merit Scholarship Finalist and winner of a corporate
scholarship. He has been captain of the school's debate team, and has
won ten debate tropliies and more than t:wenty debate awards, including
First Place in District Competition and Second Place in Regional
Competition. In addition, he won a Merit Award from the National
Council for the Teachers of English and is listed in Who's Who Among
American High School Students. Michael, a member of the National Honor
Society, has also been President of the school's Science Club and
Editor of Kempsville High School's literary magazine. lie participated
in the school system's Gifted and Talented Program, participated in the
Model United Nations Assembly, and took four advanced placement
courses. Michael has also done much church and community volunteer
work.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
MICHAEL J. RUMORE, KEMPSVILLE HIGH SCHOOL
and to congratulate Michael, who will in the very near future represent
Virginia Beach at the University of Virginia where he will major in a
science-related field and where he will serve as an Ambassador of the
City and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
ELIZABETH ANNE SILER
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as i,.i the divine joy of living;
WHEREAS: Elizabeth A. Siler ranks 27th in First Colonial High
School's graduating class of 482 with a scholastic average of 3.48 and
was a National Merit Scholarship Finalist and winner of a National
Merit Scholarship to Boston University. She is an honor member of the
Thespian Society, librarian for the school's madrigals, a member of the
show choir, a Section Editor of the yearbook, and treasurer of the Pep
Club. A member of the National Honor Society, Elizabeth participated
in the school system's Gifted and Talented Program, attended tlie
Presidential Classroom and Congressional Institute. She took two
advanced placement courses at First Colonial. In addition, she has
worked with the Virginia Beach Shakespeare-by-the-Sea Festival and the
Virginia Beach Little Theater and has participated in numerous school
dramatic and musical productions. Recently, she was also awarded the
King's Grant PTA Thomas Olds Scholarship.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
ELIZABETH ANNE SILER, FIRST COLONIAL HIGH SCHOOL
and to congratulate Elizabeth, who will in the very near future
represent Virginia Beach at Boston Utliversity where she will major in
theater and music and where she will serve as an Ambassador of the City
and one of our most outstanding citizens.
BE IT FURTHER RESOLVED- That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
JAMES M. SYMONS
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WFIEREAS: James M. Symons ranks 32nd in Cox High School's
graduating class of 406 with a scholastic average of 3.36 and is a
National Merit Scholarship Finalist and winner of a $2,000 corporate
scholarship. He was a member of the school's Tidewater Challenge Team,
co-captain of the debate team, Vice-President of TARS, and a member of
the SCA Executive Council, the Key Club, and the French Club, of which
he is a past president. A member of the National Honor Society, James
has successfully completed three advanced placement courses and
attended Boy's State. He was also very active in debate activities
throughout his three years in high school.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so highly, pauses in its
deliberations to recognize the outstanding educational achievements of
JANES M. SYMONS, COX HIGH SCHOOL
and to congratulate James, who will in the very near future represent
Virginia Beach at the University of Virg@nia, where he will major in
pre-med and where he will serve as an Ambassador of the City and one of
our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Formal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand,and seal,
Mayor
RESOLUTION IN RECOGNITION
TO
SUSAN E. WOOD
WHEREAS: Education is the basis upon which individuals shape
their lives, and perhaps the most valuable of all education is the
ability to make oneself do the thing that must be done when it ought to
be done, regardless of time or reason. The best and most important
part of education is that which one gives oneself. As we acquire more
knowledge, things do not become more comprehensible, but more
mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. Citizens and their youth are better prepared
to meet tomorrow's challenges with 42.22% of the City's operating
budget allocated to education. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present and in opportunities, in the future and its promises, as well
as in the divine joy of living;
WHEREAS: Susan E. Wood is Valedictorian of Cox High School's
graduating class of 406 with a scholastic average of 4.07 and was a
National Merit Scholarship Finalist and winner of a $2,000 National
Merit Scholarship. In her senior year, Susan was 2nd Vice-President of
the SCA, a member of the National Honor Society, and Business Manager
of the yearbook, as well as a member of the softball team. She won the
National Council of Teachers of English Achievement Award in Writing,
has taken three advanced placement courses, and last summer, attended
both the Governor's School for the Gifted and Virginia Girl's State.
She has also won a Virginian-Pilot Scholastic Achievement Award, and
represented her high school in the 1985 Neptune Festival as a Festival
Princess.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council,
which is very proud of the City's school system that has contributed
much to the quality of life we prize so bighly, pauses in its
deliberations to recognize the outstanding educational achievements of
SUSAN E. WOOD, COX HIGH SCHOOL
and to congratulate Susan, who will in the very near future represent
Virginia Beach at Yale University where she will major in political
science and where she will serve as an Ambassador of the City and one
of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation, and the Clerk of Council directed to spread a copy upon
the Minutes of this Fomal Session of the Virginia Beach City Council
this Second day of June, Nineteen Hundred Eighty-Six.
Given under my hand and seal,
Mayor
32 -
Item II-M.2
CONSENT AGENDA ITEM 25462
Upon motion by Councilwoman Creech, seconded by COuncilman McCoy, City co,,ncil
ADOPTED:
Ordinance authorizing the City Manager to execute two
Deeds of Easement between the City of Virginia Beach
and Hampton Roads Sanitation District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. H,nley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voti.g Nay:
None
Council Members Abseit:
None
June 2 1986
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE TWO DEEDS OF
EASEMENT BETWEEN THE CITY OF
VIRGINIA BEACH AND HAMPTON ROADS
SANITATION DISTRICT
WHEREAS, the City of Virginia Beach (hereinafter
"City"), is the fee simple owner of that certain parcel of land
shown on that certain plat entitled, "PLAT SHOWING 20' PERPETUAL
EASEMENT AND 20' TEMPORARY CONSTRUCTION EASEMENT FOR HAMPTON
ROADS SANITATION DISTRICT EAST KBMPSVILLE INTERCEPTOR FORCE MAIN
FROM THE CITY OF VIRGINIA BEACH, VIRGINIA KEMPSVILLE BOROUGH
VIRGINIA BEACH, VIRGINIA," dated February, 1986, a reduced copy
of which is attached hereto as Exhibit "A," (hereinafter "Plat");
and
WHEREAS, the Department of Public Utilities has
requested, in order to eliminate multiple redundancy in force
main network, that Hampton Roads Sanitation District,
(hereinafter "District"), expedite the construction of 12,000
feet of 30" sewage interceptor force main to provide a trunk
sewer system in the area between Indian River Road and Salem
Road, as shown on the map attached hereto as Exhibit "B;" and
WHEREAS, by Agreement dated October 1, 1985, the City
and the District entered into an "Agreement For Construction of
the East Kempsville Force Main in the City of Virginia Beach," a
copy of which is attached hereto as Exhibit "C;" and
WHEREAS, the City and R. G. Moore Building Corporation
(hereinafter "R. G. Moore") have entered into an Agreement dated
September 19, 1985, a copy of which is attached hereto as Exhibit
"D," whereby R. G. Moore has agreed to support the aforesaid
agreement between the City and the District by reimbursing the
City for all interest payments made to the District pursuant to
the terms of said agreement. NOW, THEREFORE, BE IT ORDAINED BY
THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute a Deed of Easement, a copy of which is attached hereto
as Exhibit "E," and made a part hereof, between the City and the
District, wherein the City conveys to the District that certain
201 Temporary Construction Easement entitled "20' TEMPORARY
CONSTRUCTION EASEMENT REQUIRED;" and to execute a Deed of
Easement, a copy of which is attached hereto aS Exhibit "F," and
made a part hereof, between the City and the District, wherein
the City conveys to the District that certain 201 sewage
interceptor force main easement entitled "201 PERPETUAL EASEMENT
REQUIRED," as shown on the attached Exhibit "A."
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 2nd - day of June 1986.
RCP/jmh
05/27/86
(D)
LLi
ih
EXHIBIT "B"
E MAIN@
@-FORCE,MA'w
TING
CE AREA
IROPOStC
,,-SERVICE
-.AREA
t... R@ S C@, 05
L... P@ . D03 C, EN
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L@@, R, Oq3 o, M
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0, ol@ Ull.@ R,
L.., T.... T,, Gio ..@ L.. c, c,, G.,@@@ Sl K06
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L C., FU MIJI..D C, .2 D,,., -111. @@ LM c
0, D, COS (kl@; P.@", .1, L07
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ON c@, m D, S@.,,
L...... C, C@' C, G@O S-.. C' LO'
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LI-11-@, D, N -@u m .....
A@ C. LN R2
L 0, P..@, 01 FOA C' LM
C,11.07 L, 'D? 81@d 101; KII
C. A4 112 al@, . @m
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C, w u S. LOS O@l. A., 107 DATE -
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01 Cal C, FO@ O@@ C, ., @. e Gig P.loy CFI@ C
A@ EN 01. Cl.@@.." R@ .0 C., GM
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@@ N @ic , R@ EM
I 'd '09 Cm 01. C."ll 11, @d
L DII D,@
01I Ll Cl LO'
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01@ E,,,,,., C., EZ h" a,. E. C, clo
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0-@ F.
ac
C.
c, G-@
EXHIBIT "C"
AG"E@--t/,FNT FOP, CO@STRUCTION
of
THE EAST KEMPSVILLE FORCE MAIN
IN THE CITY OF VIRGINIA BEACH
THIS AGREEMENT, between the CITY OF VIRGIIIIA BEACH, VIRGINIA CCity) and the
HA@IPTON ROADS SANITATION DISTRICT (District), entered this day of
1985.
W I T N E S S E T H:
THAT WHEREAS, the City finds it essential to expedite the construction of
interceptor facilities within the City as specifically described below; and
WHr-REAS, such facilities constitute interceptor facilities within the normal
responsibility of the District, but which in its normal course the District would
probably not construct in the immediate future; and
WHEREAS, the District agrees to have such facili'lies constructed provided the
City is agreeabl e to certain assurances and guarantees which will niake it practic-
able for the District to proceed at this time with the required construction.
NOW, THEREFORE, it is mutually agreed between the parties hereto as follows:
I. DESCRIPTI N OF FACILITIES
In keeping with the District's Development Plan, 1983, and the Master Plan
Sanitary Sewer Systems for the City of Virginia Beach, the District will constr-acl:
Approximately 12,000 feet of 30 inch force main along thp proposed north-sou-h
roadway from the existing District force main on Ferrell Parkway to Elbow Road, as
shown on the attached sketch.
II. CO,'ISTRUCTIO,'l OF FACILITIES
A. Cost of Construction:
The total cost of the interceptor facilities, as specifically defired tv plans
and specifications for the work, pre@at@ed by or for the Di,@trict anJ approve@ bv
the City, such colts to include Ca) construction contract costs for the facility;
. .on and inspection; (c) the
(b) cost of engineering design, construction supervisi
cost of advertising for bids, review by the District consultants, and other mis-
cellaneous essential expense; and Cd) the cost of land and rights of way acquired
for construction from property other than that owned by the City or in public rights
of way; the total amountofthese costs to be reduced by any Federal or State grart
funds received for the construction of @'he facilities. -ihe records of these costs
shall be available for review by the City at any mutually convenient time.
B. Approval of Plans and Spe ifications:
The District agrees that before any construction work is begun under this agree-
ment, it will submit to and secure aPProval from the City (in writing) of final
plans and specifications for the work.
C. Ownership-of F,,cilities:
The facilities constructed hereunder shall be and renain the property of the
District.
III. OBLIGATION OF THE DISTRICT
A. Collection of Service Cha@es: -
The District and the City agree that Sewage Disposal Facilities Charges (t--p
fees), normally made by the District will be chargecl for each connection to t@,e
lines previously described in Section 1. se,,qage Disposal Service Charges sha'll b-2
collected by the District in accordance with provisions of the rate schedule in
effect at the time of collection. The Cily, however, reserves the right to charge
and collect sewage tap fees and service charges as appropriate in addition to the
District charges. The District shall maintain a cor.1plete and accl@,rate record of
-3-
all Sewage Disposal Service Charge collections and such records shall be available
for inspection by authorized representatives of the City during norrral working hours.
B. Revenue Credit to the City:
When the District begins treatment of flow!, generated through the facilities
described in Section I at its treatment plants, the District agrees to credit the
City, at the end of each quarterly period, with 70@ of all revenues collected by the
District for Sewage Disposal Service Charges from new connections to the aforesaid
facilities. Such new connections considered for the 70'@' credit will be those located
more than one mile frotn existing District interceptors, as indicated on the attached
map.
IV. OBLIGATIONS OF THE CITY
A. Payment to the District:
The City agrees to pay to the District, at the end of each quarterly period,
one-fourth of the annual interest sum arrived at by multiplying total construction
costs, as described in Section II. A, by the agreed interest rate of 9,"' '. les@. the
70'.' credit to the City as outlined in Section III. B above. Payments will begin
.as of the date of completion of the interceptor and it becomes available for use.
This agreement shall terminate when such 70" credits equal the amount of the City's
quarterly payment and such 70-@ credits have not, for any quarterly period within
one year prior thereto, heen less than the City's quarterly payment.
B. Future Re-Locating of Lines:
if any of such lines are required to be re-located to accommodale other public
projects, re-location shall be at the expense of the project.
IN WITNESS WHEREOF, the CIity has caused this agreement to be signed by the
City t-lanager in its behalf and its seal affi),.ed and attested by the City Clerk,
pursuant to resolution adopted by the City Council, and the District haS CZiusLd
4 -
this agreement to be signed in its behalf by its General Manager and its seal affixed
and attested by its Secretary in accordance with authorization granted at its regular
meeting held on February 26, 1985
CITY ACH
@BY
ATTEST:
City Clerk
HAMPTON ROADS SA,4ITATIOt@ DISTRICT
ATTEST:
P-,:ting SLcretagy
T-- @u,
y
city of C:ly
DEPARTMENT
APPROVED AS TO FOIZM
C,4 ATfOkNEY
ST.-T-- OF V I RLa
Cl-N C)F VI !q
ic in 2-nd for the CitY alnd
a Pjbl
st.-ite a'c)r@-@id, do hreby certify t@at James R. r
General Manager Acting
a.rid ____ ShiL@ y@, -Croft 3 @)maioxxt -ci -,e,-,retAry, rvS@-ctively,
of Hampton Roads Sanitation District ;4,,nuj to ti@ writirig
a@ve, b@,-ri,g &---,e of 10/1/85 tlie ti@,7Lre in CI-LY
and State aforesaid.
Given under @, hp-nd tbis r4@y of IOC 19S5.
\ly a.=isz-:ion E-@pir@
S-AT,- OF VLP.GI.N'IA
CITY OF VIR.GIIqlA BE.ACH, to-wit:
o,.Ic-dged before me Z I -1
The for6.oing instrILo-@ot 1;@ acl-.n
7es S-Dith, tle City @,,@--er
and Ruth Hod@
a-nd Citv Clerk, i-espe--tively, of -,he CitY of Virg@-n4.a @ch, th'-s
dsy of @5.
c,
EXHIBIT "F"
THIS DEED OP EASEMENT, Made this day of May, 1986,
!by and between tbe CITY OF VIRGINIA BEACH, a municipal
!corporation of the Commonwealth of Virginia, party of tbe first
:!part, and HAMPTON ROADS SANITATION DISTRICT, a political
i I
isubdivision of the Commonwbalth of Virginia, party of the second
i,part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
!($10.00) and other good and valuable consideration, the receipt
!Of which is hereby acknowledged, the said party of the first part
!does hereby grant and convey, with SPECIAL WARRANTY unto the said
!party of the second part, its successors and assigns, an easement
Ito construct, reconstruct, alter, operate and maintain a sewage
@interceptor force main facility in, under, upon, and across lands
@land property of the party of the first part, includinq the right
lof ingress and earess to the same, described as folloi,,s:
All that certain "201 PERPETUAL
EASEMENT REC?UIRED" as shown on that
certain plat entitled: "PLAT
SHOWING 201 PERPETUAL EASEMENT AND
20' TEMPORARY CONSTRUCTION EASEMENT
FOR HAMPTON ROADS SANITATION DISTRICT
EAST KEMPSVILLE INTERCEPTOR F'ORCE
MAIN FROM THE CITY OF VIRGINIA
BEACH, VIRGINIA KEMPSVILLE BOROUGH
VIRGINIA BEACFI, VIRGINIA," dated
February, 1986, and prepared by John
E. Sirine and Associates, Ltd.,
Surveyors-Engineers-Planners,
Virginia Beach, Virginia, recorded
in Deed Book at Page a
copy of which is attached hereto and
made a part hereof and to which
reference is made for a more
particular description.
It being a part of the property
conveyed to the City of Virginia
Beach by Deed of R. G. Moore
Building Corp., a Virginia
i corporation, dated July 31, 1980,
and recorded in the Clerk's office
aforesaid in Deed Book 2033, at Page
0525, and by Deed of R. G. Moore
Building Corp., a Virginia
corporation, dated November 10,
l9R3, and recorded in the Clerk's
office aforesaid in Deed Book 2298,
at Page 0531.
This conveyance is made subject to the conditions,
!restrictions, easements, and reservations of record in the chain
lof title, if any, constituting constructive notice thereof.
I
IN WITNESS WHEREOF, the City of Virginia Beach has
caused its name to be signed by its City Manager and its seal to
@be affixed and attested to by its City Clerk, and said action was
lauthorized by an ordinance adopted by the Council of the City of
iVirginia Beach, at a meeting duly called and held on the day
of 1986.
CITY OF VIRGINIA BEACH
By
City Manaqer
@(SEAL)
;ATTEST:
City Clerk
-2-
;STATE OF VIRGINIA
:CITY OF VIRGINIA BEACH, to-wit:
a
INotary Public, in and for the City and State aforesaid, do hereby
certify that THOMAS H. MUEHLENBECK, City Manager and RUTH BODGES
;SMITH, City Clerk, for the City of Virginia Beach whose names as
;.isuch are sioned to the foregoing Deed of Easement, have
Iacknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
!1986.
Notary Public
my Commission Expires:
1!RCP/jmh
I 1
1105/23/86
0 5/2 8/8 6
@(RCP.1)
APPRO\'[[) AS TC) LIC-All
SUR,FICIENCY Al@D FCR,"A
Cl' Y AT--OP,@![ Y
-3-
- 33 -
Item II-M.3
CONSENT AGENDA ITEM # 25463
Upon motion by Councilman Robert Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED:
Ordinance to transfer $18,000 from reserve for
contingencies to provide furniture for Circuit
Courtroom t7.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Nayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 2, 1986
z
0
v
o Z z
AN ORDINANCE TO TRANSFER $18,000
%n <
-x z FROM RESERVE FOR CONTINGENCIES
TO PROVIDE FURNITURE FOR
> CIRCUIT COURTROOH #7
0
WHEREAS, the City of Virginia Beach Circuit Court has
experienced a significant increase in the number of cases and hai
added an additional judge to alleviate the caseload increase,
and
WHEREAS, a new courtroom in presently being prepared
through a renovation of the area once occupied by the Wahab Law
Library, and
WHEREAS, renovations will be completed prior to July 1.
1986, and no funds have been provided to furnish the new
courtroom, judge's chambers, and jury deliberation room.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that $18,000 be transferred from
Reserve for Contingencies to purchase the necessaiy furniture
and fixtures for Circuit Courtroom #7.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of-_V-irginia on the
2 day of June 1986.
RATS 18/ORD4
- 34 -
Item II-M.4.
CONSENT AGENDA ITEM # 25464
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City council
ADOPTED:
Ordinance to transfer $70,000 to Project #6-969 Old
Dam Neck Road/Da Vinci Drive sewer for the elimation
of health hazards.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G.@Jones, Vice
Mayor Reba S. McClanan, J. lienry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 2, 1986
AN ORDINANCE TO TRANSFER $70,000
TO PROJECT #6-969 OLD DAM NECK ROAD/
DA VINCI DRIVE SEWER FOR THE ELIMINATION
OF HEALTH HAZARDS
WHEREAS, the city Health Department has Identified several residential
sites alcng Old Dam Neck Road near Da Vinci Drive to be acute health hazards, and
WHEREAS, to eliminate the health hazards, the city has mandated that
the ers in the affected sites connect to the city's sewer @tem, and
WHEREAS, the cost of the connections is estimated at $70,000 with funds
to be transferred frcm project #6-316 Various Sewer Projects.
NOW THEREFORE BE IT ORDAINED 13Y THE CO(JNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that project ;t6-969 Old Dam Neck Road/Qa Vinci Drive Sewer is
hereby established as a capital project with funds to be transferred from project
46-316 Various Sewer Projects.
Adopted by the Council of the City of Virginia Beach, Virginia on the
2nd d,y f ....... June 1 1986.
---------------
This ordinance shall be effective from the date of its adoption.
KAR/2 ORD7
- 35 -
Item II-M.5
CONSENT AGENDA ITEM # 25465
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer $301,000 of appropriations
within the Department of Social Services to be
applied toward the excess expenditures in the Public
Assistance Unit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN OF<DINANCE TO TRANSFER $301,000
OF APPROPRIATIONS
WITHIN THE DEPARTMENT OF SOCIAL SERVICES
TO BE APPLIED TOWARD THE EXCESS
EXPEM)ITURES IN THE PUBLIC ASSISTANCE UNIT
WHEREAS, the Public Assist@ unit of the Departmnt of Social
Services corisists of twelve (12) different programs that provide assistance
paymnts to indigent Virginia Beach residents, mA
, projected Public Assistance expenditures for fiscal year
1985/1986 is expected to exceed appropriations by $428,000, and
, the Departmnt of Social Services has identified $301,000
of appropriations within its operatirig budget that may be applied t
reducing the excess itures in the Public Assistance mit.
NOW, RE, BE IT OFCAINED BY THE CWMIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amalmt of $301,000 be transferred
within the Department of Social Services to be applied t tte excess
expenditL=es over appropriations in the @lic Assistance mit.
This ordinance shall be effective fran the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 2nd day of June-- 1986
PM/ASSISTANCE
- 36 -
Item II-M. 6
CONSENT AGENDA ITEM # 25466
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED upon FIRST RFADING:
Ordinance to appropriate $127,000 in the Department
of Social Services to cover excess expenditures in
the Public Assistance Unit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 2, 1986
AN ORDINANCE TO APPROPRIATE $127,000
IN THE DEPARTMM OF SOCIAL SERVICES
TO COVER EXCESS EXPENDITURES
IN THE PUBLIC ASSISTANCE UNIT
WHEREAS, the Public Assistance unit of the Department of Social
Services consists of twelve (12) different programs that provide assistance
payments to indigent Virginia Beach residents, and
WHEREAS, projected Public Assistance expenditures for fiscal year
1985/1986 is expected to exceed appropriations by $428,000, and
, the Department of Social Services has identified $301,000
of excess appropriatioris within its operating budget resulting in the need for a
supplemental appropriation of $127,000, and
, the supplemental appropriation will be financed by
increased revermes from the federal and state governments.
NOW, , BE IT OFDAIM BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that furids in the amount of $127,000 be appropriated to
the Public Assistance unit in the Department of Social Services.
BE IT FURTHER ORDAINED that the supplemental appropriations be
offset by $127,000 of increased revenues fran the federal and state gaverrments.
This ordir)ance shall be effective fran the date of its adoption.
Adopted by the Coimcil of the City of Virciinia Beach, Virginia an
the - day of 1986
First Reading: Jun6 2, 1986
Second Reading: -------
PM/SOCIAL
- 37 -
Item II-m.7
CONSENT AGENDA ITEM # 25467
Donald Trueblood, Chief Engineer, responded to Council's inquires.
J. Lawrence Hosmer, with the Consulting Firm of Black & Veatch advised the
original estimate of the capping of Mount Trashmore did not encompass all the
improvements. The escalation of funds also reflects current economic
conditions.
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council APPROVED upon FIRST READING:
Ordinance to appropriate $151,984 for the capping of
Mount Trashmore;
AND,
ACCEPTED the LOW BID of DJW Construction Company in
the amount of $579,000 for the capping of Mount
Trashmore.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M.Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones,Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
AN ORDINANCE TO ACCEPT THE LOW BID FOR
THE CKPPING OF MOUNT TRASHMORE AND THE
APPROPRIATION OF $151,984 FOR THIS PURPOSE
WHEREAS, City Council established capital project #3-960 Mount Trash-
more Capping to alleviate a leachate problem resulting in the degradation of
water quality in the area surrounding Mount Trashmore, and
WHEREAS, a low bid has been received from DJW Construction to complete
the capping and based on this bid an additional $151,984 is needed to complete
the project, and
WHERFAS, refuse disposal charges are scheduled to increase July 1,
1986, with the intent for the additional revenue to be used for landfill-related
capital projects, and
WHEREAS, the anticipated additional revenue was not appropriated to
balance FY 1986-87 Operating Budget and remains unappropriated as of this date
and may be used to fund the additional $151,984 needed for the capping project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $151,984 are appropriated to capital project #3-960 with a
corresponding increase in estimated revenues from refuse disposal charges.
BE IT FURTHER ORDAINED that the low bid of DJW Construction is hereby
approved and the City Manager is hereby authorized and directed to award the
contract to DJW Construction for the capping of Mount Trashmore.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia on the th
day of 1986.
FI RST READIMG: June 2. 1986
SECOND READING:
RATS 18/ORD7
- 38 -
Item 11-M.8
CONSENT AGENDA ITEM # 25468
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED upon SECOND READING:
Ordinance to accept and appropriate a $1500 Grant for
funding an Automobile safety Pre-School Training
Program
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDIRANCE TO ACCEPT A $1500
GRANT FOR FUNDING AN AUTOMOBILE
SAFETY PRE-SCHOOL TRAINING PROGRAM
AND TO APPROPRIATE THESE FUNDS
WHERF.AS, the City of Virginia Beach is concerned with
comoting t@e use of automotive seat restraints in order to
:educe the instance of injury and death in automotive crashes;
and
WHEREAS, the Division of Motor Vehicles hax awarded the
City $1500.00 to promote the use of seat belts and restraints
among pre-school children with no cash match required.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That a grant totaling $1500.00 be accepted and
appropriated for the purpose of funding a pre-scho6l automotive
restraint training program.
This ordinance shall be effective from the date of its
adoption.
May 19, 1986
First Reading:
Second Reading: June 2, 1986
Adopted by the Council of the City of Virginia Beach
this Second day of June 1986.
- 39
Item II-M.9
CONSENT AGENDA ITEM 25469
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to authorize and direct the City Manager to
execute water and sewer cost participation agreements
for the shadowlawn Heights area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. lienley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS POR THE
SHADOWLAWN HEIGHTS AREA
WHEREAS, Phillip B. Marley is developing property in Shadowlawn
Heights in the Virginia Beach Borough in accordance with the terms and
conditions of city ordinances, and
WHEREAS, in order for the developer to provide water and sewer
service to this project, it is necessary for the developer to construct
certain water and sewer facilities, and
WHEREAS, the city has requested that the developer oversize both
the water and sewer mains in order to provide for future city needs and
prevent the city from incurring additional costs at a later date, and
WHEREAS, the city desires to enter into cost participation agree-
ments with the city's share of the costs for the water agreement at $4,035
and the sewer agreement at $4,535 with such costs to be charged to capital
projects 5-306 Water Agreement Projects and 6-316 Various Sewer Projects,
respectively.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized and directed to
enter into cost participation agreements with Phillip B. Marley for construction
of certain water and sewer facilities. Said proposed agreements are hereby
approved and attached as Exhibit "A".
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 2nd - day of June 1986.
COST BENEFIT ANALYSIS
S HEIGM BLOCK 37, LOTS 6 & 8
WATER AND SEWER COST PARTICIPATION AGREEMERRS
Water
City cost per agreermnt $ 4,035.00
City cost to extend in the future $ 5,580.00
Net savings to city (water) @ 1,545.00
Sewer
City cost per agreerrent $ 4,435.00
City cost to extend in the future $ 6,860.00
Net savings to city (se@r) @ 2,425.00
JSW:mc
(L 8-51)
CITY OF VIRGINIA BEACH
OF PUBLIC UTILITIES
DEPAR
COST PARTICIPATION AG (SEWER)
THIS AG@NT, Made this 13th day of March 1986, by and betvmen
Phillit) B. Marley hereinafter referred to as "Owner", and the CITY. OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City'.
WHEREAS, Owner is seized in fee simple of lots 6 & 8, Block 37
Shadowlav.m Heights (M.B. 7, p. 14) and
WHEREAS, Owner is desirous of inproving the Project in accordance with the
term and conditions of the City ordinances and agrees to conform to said ordi-
nances; and
, in order for Owner to provide seumr service to this Project, it is
necessary for Owner to construct certain seimr facilities; and
WHE@, the City has requested that such construction be greater in scope
than is necessary to provide service to this Project and
WHEREAS, such construction is of value to the City in providing service to
customrs other than those within the Project lintits;
NOW, @FORE, in consideration of the rmtual prcmises and benefits accruing
hereto, the parties agree tbat:
1. Owner shall construct a se@ systern (hereinafter the "Systern") according
to plans and specifications approved by the Departnient of Public Utilities, a copy
of which is on file with the Departffent.
Fbur Thousand Four Hundred y-Five Dollars and No Cents
2. The City sball make cash payffent to Owner in the aniount of $(4,435.00)
after successful ccrrpletion of the System and acceptance thereof by the City in
accordance with the approved plans.
3. @ City sball have the right at any tinp- to @, comect, or @t the
comection of any other seuer facility to the System. Any such connection rrey be
at any point, and the City shall have the right at any tine to use the System to
serve persons within and without the Project limits. i
4. Upon successful ccnpletion of the System and acceptance thereof by the
City, Owner hereby agrees that the System, including but not limited to sewer con-
nections, seuer niains, laterals, pipes, and all other facilitips, shall be deermd
dedicated to the City of Virginia Beach as of the date of the City's written accept-
ance thereof.
5. Owner @l indermify and hold the City harmless from any and all liability
of wbatever nature arising out of the design, approval, construction, and/or instal@
lation of the System. In the event any claim is @e against the City, either inde-
pendently or jointly with Owner, lessee, or purchaser on account hereof, the Owner
at its sole cost shall defend the City against such clainis.
6. This Agreenent shall inure to the benefit of and be binding upon the par-
ties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreermnt, it sball be recorded by the City in the
Clerk's Office of the Circuit Clerk of the City of Virginia Beach, at Owner's ex-
pense.
ISERVICE AR
ct
OROPOSTD
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-- - --------
EXHIBIT "D"
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND THE R. G. MOORE BUILDING CORPORATION FOR
SUPPORT OF CITY OF VIRGINIA BEACH AND HRSD
AGREEMENT
THIS AGREEMENT, Made this lgth day Of!ieptemher
1985, by and among the CITY OF VIRGINIA BEACH, VIRGINIA, a
i,municipal corporation (the "City") and the R. G. MOORE BUILDING
1,CORPORATION, a Virginia corporation ("R. G. MOORE").
WHEREAS, R. G. Moore, and the City desire to expedite
the construction by Hampton Roads Sanitation District (IIHRSDII) of
approximately twelve thousand (12,000) linear feet of thirty (30)
inch sewer force main and related facilities (collectively, the
"Sewer Facilities") known as the East Kempsville Force Main
commencing from the present HRSD sewer force main on Ferrell
Parkway between Pleasant Valley Road and Salem Road in the City
of Virginia Beach, Virginia, and proceeding in a southerly
ity of Virginia Beach, virginia,
direction to Elbow Road in the C
in accordance with plans and specifications to be prepared by
HRSD and approved by the City of Virginia Beach, Virginia.
I
WliEREAS, HRSD would not otherwise commence construction
of the Sewer Facilities at this time; and
WHEREAS in order to induce HRSD to commence the
construction of the Sewer Facilities at this time, HRSD requires
@that the City enter into an agreement with HRSD (the "HRSD
Agreement") which is attached hereto and made a part hereof by
reference; and
WHEREAS, for purposes of this Agreement, the amount of
the annual interest charge payable by R. G. moore to the CitY
shall be identical to the arnount of the annual interest charge
payable by the City to HRSD under the terms of the HRSD
Agreem6nt; and
WHEREAS, in order to induce the CitY to enter into the
HRSD Agreement, R. G. Moore has agreed to reimburse the City for
the amounts paid by the City to HRSD pursuant to the terms and
provisions of the HRSD Agreement, it being understood and agreed
that the City shall not be obligated to make any such payments
at any time, R. G. Moore being solely responsible for such costs
in accordance with the terms of this agreement.
NOW, THEREFORE, for and in consideration of the
premises, and other good and valuable considerations, the receipt
and adequacy of which a.re hereby acknowledged, the parties heretc
do hereby agree as follows:
1. The City agrees to use its best efforts to enter
into the HRSD Agreement with HRSD.
2. At the end of each quarterly payment period, as
defined in the HRSD Agreement, R. G. Moore agrees to pay to the
city, upon demand and in nO event later than twenty (20) days
from the time the City is billed by HRSD, the amount billed to
the City by HRSD pursuant to the HRSD Agreement.
-2-
3. AS security for the payment obligations to the City
City, R. G. Moore shall
nder this Agreement, upon request of the
u
of credit in
furnish to the City an initial irrevocable letter
the face amount of $540,000.00. The letter of credit shall be
maintained in full force and effect until the termination of the
HRSD Agreement. In addition, in the event, from time to time, it
is determined that the amount estimated to be payable by R. G.
moore to the City under this Agreement for the next succeeding
twelve (12) month period is less than the then existing face
amount of the initial letter of credit, the City agrees to
accept, in substitution of the then current letter of credit, a
letter of credit in such lesser amount. Contemporaneously with
the execution of this Agreement, R. G. moore has furnished to thc
City commitments acceptable to the Virginia Beach City Attorney
from the lenders to issue the requisite letters of credit.
4. The rights and obligations of the parties hereunder
are expressly subject to and conditioned upon the City and HRSD
entering into the HRSD-City Agreement on or before December 1 C)
I
In the event the HRSD-City Agreement
is not executed by the City and HRSD on or before December 1, i98/
then this Agreement shall, at the option of R. G. Moore terminat,:
6nd be of no further force or effect and none of the parties
hereto shall have any further rights against, or obligations or
liabilities to, any other party hereto.
-3-
5. it is expressly understood and agreed to by the parties
that this agreement shall be binding upon the heirs, successors,
and assigns, if any, of tlie City and of R. G. Moore.
CITY OF VIRGINIA BEACH, VIRGINIA
a municipal corporation,
ci
ATTEST:
R. G. MOORE BUILDING CORPORATION
By
it
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and'for the City and State aforesaid, do hereby certif,;
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
-4-
the foregoing Agreement, have acknowledged the same
are,lsigned to
before me in my City and State aforesaid.
GIV8N under my hand this@--,@- day of r- @7
1985.
@liotary _@ublic
My Commission Expires-,
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby certify
Secretary,
that R. G. MOORE, President, and
for R. G. MOORE BUILDING CORPORATION, a Virginia corporation,
whose names as such are signed to the foregoing Agreement, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my'hand this
f.,! day of
1985.
Notary Pub-lic
My Commission Expires".
KJC/rab/da
9/9/85
9/16/85
(48.30)
EXHIBIT "E"
THIS DEED OF EASEMENT, Made this day of May, 1986,
@;by and between the CITY OF VIRGINIA BEACH, a municipal
I!corporation of the Commonwealth of Virginia, party of the first
@part, and HAMPTON ROADS SANITATION DISTRICT, a political
.suoaivision of the Commonwealth of Virginia, party of the second
.part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
@of which is hereby acknowledged, the said party of the first part
;does hereby grant and convey, with SPECIAL WARRANTY unto the said
,party of the second part, its successors and assigns, a temporary
;construction easement for purposes of constructing a sewage
,interceptor force main facility across the 201 perpetual easement
located adjacent thereto. The temporary construction easement is
!described as follows:
All that certain "201 TEMPORARY
EASEMENT REQUIRED" as shown on that
certain plat entitled: "PLAT
SHOWING 201 PERPETUAL EASEMENT AND
201 TEMPORARY CONSTRUCTION EASEMENT
FOR HAMPTON ROADS SANITATION DISTRICT
EAST KEMPSVILLE INTERCEPTOR FORCE
MAIN FROM THE CITY OF VIRGINIA
BEACH, VIRGINIA KEMPSVILLE BOROUGH
VIRGINIA BEACH, VIRGINIA,' dated
February, 1986, and prepared by John
E. Sirine and Associates, Ltd.,
Surveyors-Engineers-Planners,
Virginia Beach, Virginia, recorded
in Deed Book at Page a
copy of which is attached hereto and
made a part hereof and to which
reference is made for a more
particular description.
It being a part of the property
conveyed to the City of Virginia
Beach by Deed of R. G. Moore
Esuildinq Corp., a Virginia
corporation, datea July 31, 1980,
and recorded in the Clerk's Office
foresaid in Deed Book 2033, at Page
a
i, 0525, and by Deed of R. G. Moore
Building Corp a Virginia
corporation, @a'tea November 10,
1983, and recorded in the Clerk's
office aforesaid in Deed Book 2298,
at Page 0531.
Said temporary easement will terminate when Hampton
I!Roads Sanitation District completes the construction of the
I!permanent sewage interceptor force main, and grades the property
,;located within the 201 perpetual easement to be conveyed, so
!;there no longer exists the necessity for maintenance or until
; i
lisuch time all construction is terminated and the party of the
I
ilsecond part accepts the work as being completed.
I !
This conveyance is made subject to the conditions,
restrictions, easements, ana reservations of record in the chain
il:of title, if any, constituting constructive notice thereof.
EOP, the City of Virginia Beach has
IN tIlTNESS WHER
11 caused its name to be signed by its City Manager and its seal to
@ I
ii be affixed and attested to by its City Clerk, and said action was
authorized by an ordinance adopted by the Council of the City of
Virqinia Beach, at a meeting duly called and held on the day
of 1 1986.
-2-
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
IATTEST:
city Clerk
STATE OF VIRGINIA
ICITY OF VIRGINIA BEACH, to-wit:
a
Notary Public, in and for the City and State aforesaid, do hereby
certify that THOMAS H. MUEHLENBECK, City Manager and RUTH HODGES
SMITH, City Clerk, for the City of Virginia Beach whose names as
such are signed to the foregoing Deed of Easement, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1986.
-NotAry Public
my Commission Expires:
iRCP/jmh
I0 5/2 3/8 6
05/28/86
(RCP.1)
AS TO LEGALI
-3-
IN WITNESS WHM-MF, the parties hereto have executed and sealed this
agreement as of the day and yesr first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
DATE
ATrEST:
(SEAL)
City Clerk
BY
kresid@t
DATE
A7fEST:
(SEAL)
cretary
APPRO@ AS TO
7-,7,
@partmeniV of blic Uti@ties
APPROVED AS TO FORIJ:
.City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of k-inance
3
i-W -7
MORFOL
15\
PROJE
EXHIBIT SH@@'IW, S@@WN HEIGHT'S,
BLOCK 37, LOTS 6 & 8, -d 81- SEV@R
"INIE
8-51
5/2/86
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREE ENT (WATER)
THIS AGREEMENT, Made this 3th day of 1986,
by and between Phillip B. MarleY herein-
after referred to as -Owner", and the CITY OF VIRGINIA BEACH.
VIRGINIA, bereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of lots 6
Block 37, Shadowlawn Heights (M.B. and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for Owner @l-o cons-'ruct certain %-later
facilities; and
WHERFAS, tho Ci@y ha@@ requested that such construction be
greater in scope than is necessary to provide service to this
Project; and I
WHEREAS, such construction is of value to the City in provid-
ing service to customers other than those within the Project
limits;
NOW, THEREFORE, in consideration 6f the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Dep artment of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
Fbur Thousand Thirty-Five Dollars and No Cents
Of ($) ($4,035,00) after successful completion
of the System and acceptance thereof by the City in accordance
with the approved plans.
3. The City shall have the right at any time to make, con-
nect, or permit the connection of any other water facility to
the System. Any such conn6ction may be at any point, and the City
shall have the right at any time to use the System to serve per-
sons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves,
fittings, and all other facilities, shall be deemed dedicated
to the City of Virginia Beach as of the date of the City's written
acceptance thereof.,
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost thall defend the City against
such claim.
6. This Agreement shall inure to th6 benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and as signs.
7. Upon execution.of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
IN WITNESS WHEAEOF, the parties hereto have executed and
sealed this agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
(City Manager)
DATE
ATTEST:
(SEAL)
City Clerk
BY
r esiden tq
DATE
ATTEST:
(SEAL)
Secretary
7R VED As
'Departgient of PublitA Uti ities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance A-
2"t
PRC)JECT AREA
EXHIBIT SHOWING S ILAI'JN HEIGHTS,
BLOCK 37, LOTS 6 & 8, P-nd 8" IIATER
LII\TE
T
5/2/86
- 40 -
Item II-M.10
CONSENT AGENDA ITEM # 25470
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to authorize and direct the City Manager to
execute a sewer cost participation agreement with
O.W.L. LTD.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr., and Louis R. Jone,
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE AND DIRECT
tHE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT WITH O.W.L.
LTD.
WHEREAS, O.W.L. Ltd. is developing property known as Brighton on
the Bay in the Lynnhaven Borough in accordance with the terms and conditions
of city ordinances, and
WHEREAS, in order for the developer to provide sewer service to
this project, it is necessary for the developer to construct certain sewer
facilities, and
WHEREAS, the city has requested that the developer oversize the
sewer system to provide gravity sanitary system to the surrounding area,
and
WHEREAS, such construction is beyond the scope of the developer's
project but will provide for future city needs and will prevent the city
from incurring additional costs at a later date, and
WHEREAS, the city desires to enter into a cost participation
agreement with the city's share of the costs at $24,953 with such costs
to be charged to capital project 6-316 Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized and directed to
enter into a cost participation agreement with O.W.L. Ltd. for construction
of certain sewer facilities. Said proposed agreement is hereby approved
and attached as Exhibit "A".
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 2nd day of June , 1986.
COST BENEFIT ANALYSIS
BRIGHTON ON THE BAY SEWER COST PARTICIPATION AG
Sewer
City cost per agreenv--nt $24,952.50
Assurptions
1. Maintenance of one additional putp station for 30 years
Annual naintenance cost currently $7,896/purrp station
Maintenance cost increase 5% per year
Tim value of rmney 10% per year
City revenue from pro rata purrp station fees
36.1 gpm at $230/gprn $ 8,303.00
Cost savings (nointenance costs)
(1 + i)n -1
FV = $7,b96 i (1=i)n
where n = 30
1.10 1 = 4.76%
= T.0-5 -
$7,896.00 (15.80) = $124,750.00
Thtal PV of revenue and cost saving
$8,303 + $124,750 $133,000.00
Net saving to city $108,047.50
isw.4
(i 5- 3)
CITY OF VIRGINIA BEACH
DEP OF PUBLIC LITILITIES
COST PARTICIPATION AGREEMWR (SEWER)
THIS AG Made this 27thday of March , 198 6, by and between
O.W.L. LTD. bereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACIi, VIRGINIA, hereinafter referred to as the "City".
owner is seized in fee sirrple of Brighton On The Bay
and
WHERFM, Owner is desirous of iniproving the Project in accordance with the
terrris and conditions of the City ordinances and agrees to confortn to said ordi-
nances; and
, in order for owner to provide sevier service to this Project, it is
necessary for Owner to construct certain se@r facilities; and
WHEMM, the City has requested that such construction be greater in scope
than is necessary to provide service to this Project and
@, such construction is of value to the City in providing service to
custcmrs other than those within the Project l@ts;
NOW, @FZEFORE, in consideration of the rmtual prcmises and benefits accruing
hereto, the parties agree that:
1. Owner shall construct a se@ system (hereinafter the "System") according
to plans and specifications approved by the Departrrent of Public Utilities, a copy
of which is on file with the Departnent.
2. The City sball @ cash payffent to Owner in the amount of $ 24,952-50
after successful ccrrpletion of the System and acceptance thereof by the City in
accordance with the approved plans.
3. @ City shall have the right at any tirm to @, comect, or permit the
connection of any other sewx facility to the System. Any such comection -y be
at -y point, and tbe City sball have the right at any tine to use the System to
serve persons within and without the Project lirnits.
4. Upon successful ccrrpletion of the System and acceptance thereof by the
City, Owner hereby agrees that the System, including but not lin-Lited to sewx con-
nections, sewer niains, laterals, pipes, and all other facilities, shall be deened
dedicated to the City of Virginia Beach as of the date of the City's written accept-
ance thereof.
5. Owner shall indermify and hold the City harmless from any and all liability
of whatever nature arising out of the design, approval, construction, and/or instal-
lation of the System. In the event any clairn i- rrade against the City, either inde-
pendently or jointly with Owner, lessee, or purcbaser on account hereof, the Owner
at its sole cost shall defend the City against such claim.
6. This Agreenient shall inure to the benef it of and be binding upon the
ties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreenent, it shall be recorded by the City in the
Clerk's Office of the Ci-rcuit Clerk of the City of Virginia Beach, at Is ex-
pense.
-2-
IN W17NESS Wi@. F, the parties hereto have executed and sealed this
agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
City Manager
DATE
ATTEST:
(SF,AL)
City Clerk
By
Ir@,i dant
DATE
A7fEST:
(SEAL)
y
APPROVED AS TO CONTENTS:
DeWtrnt of Public Utilities
APPROVED AS TO FORIJ:
City Attorney
CERTIFIF,D AS TIO AVAILABILITY OF FUNDS:
@ e. 10
Department of Finance @o
3
SrATE OF
CITY OF Vi rr@', Y)" ri
13
Kel\y a. , a Notary I>ablic in and for the C.Lty and
State aforesaid, do bereby certify that 'Rncc(n
and President and Secretary, respectively,
of whose names are signed to the writing
above, bearing date of have acknowledged the same before me in my City
and State aforesaid.
Given under my hand this all day of .1985.
My Com@ion Expires Ai ?Sck
-tuT Public
No
M. SCIO.I)K
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1985.
Notary Public
My Comission Expires:
4
b-
s - - - - - - -
Cons
BRIGHTON ON THE BAY
OF
PHASE Ill UPcSr
Coloni
ginia Beach Genera
THE
is
T
@IBIT SHO;IING PROJECT LI14ITS AND
OFF-Sl,-E BENEFIT AREA FOR BRIGHTON
ON i@ BAY PHASE 3 SLIE:R SYSTEY,
51/2/86
w
- 41 -
Item II-M.11 ITEM # 25471
CONSENT AGENDA
The Staff responded to Councilman Louis Jones' inquiries concerning the
litigation involved in "Ocean Park".
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Lynnhaven Promenade
to James W. Weaver, his heirs, assigns and successors
in title.
This encroachment shall be subject to:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The Owner agrees that if any alterations or repairs
to the existing bulkheading are required, he will
make application to the City of Virginia Beach and
the Army Corps of Engineers for all applicable
permits.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF LYNNHAVEN PROMENADE
TO JAMES W. WEAVER, HIS 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 Virginia, 1950, as
amended, James W. Weaver, his heirs, assigns and successors in
title are authorized to maintain a temporary encroachment into
the right-of-way of Lynnhaven Promenade.
That the temporary encroachment herein authorized is
for the purpose of maintaining an existing bulkhead and that said
encroachment shall be constructed and maintained in accordance
with the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Lynnhaven Promenade, on the certain plat
entitled: "SITE PLAN OF LOT 4, BLOCK 4,
SECTION "A" OF OCEAN PARK (M.B. 5, P. 69
& 70) BAYSIDE BOROUGH-VIRGINIA BEACH,
VIRGINIA FOR JAMES W. WEAVER SCALE:
ll'=20' JANUARY 29, 1986," and prepared by
Rouse-Sirine Associates, Ltd., Surveyors,
Engineers and Planners, a copy of which
is on file in the Department of Public
Works and to which reference is made for
a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to James W. Weaver, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the
City's right-of-way of Lynnhaven Promenade and that James W.
Weaver, his heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that James W. Weaver, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that James W. Weaver executes an
agreement with the City of Virginia Beach encompassinq the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd day of June 19 86
CLL/rab
4/17/86
(29B)
LEGi@,@L
-2-
LYNNHAVEN PKOMENADE
(A., R/W)
to
it.R
ROAD
SITE @I.AW
OF
LDT4. BLOCK4, SECTION 'A'OFOCEAN PARK4..
UAYSIDE DONOUG)I-VIRGINIA 8EACH, VIRGIIYIA
FOR
JAMES W. WEAVER
,9C,USE-Sir,iivt: LTO.
5URVEY085 - FNGINLERI; - PLANNEKS
0
- 42 -
Item II-M.12
CONSENT AGENDA ITEM # 25472
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount of
$1,910.70 upon application of certain persons and upon
certification of the Commissioner of Revenue for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fent,es,,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
FORM t4O. CA. 6 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Comm,ercial Renovations & Dev., Inc.
1105 Eden Square
Chesapeake, VA 23320 1985 Audit 279.76 279.76
Concert Special T Advertising
414 - 25th Street
Va. Beach, VA 23451 1982-85 Audit 1,001.23 1,001.23
Daparak, Inc.
P. 0. Box 2806
Sanford, NC 27330 1985 Audit 100.44 100.44
DJB Enterprises, Ltd.
T/A Pinochio's Restaurant
3429 Clubhouse Rd.
Va. Beach, VA 23452 1984-85 Audit 44.72 4A.72
Certified as to Payment:
'gobert P. Vaughan
Commissioner of the Rev@
Approved as to form:
iz
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $1,426.15 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
FMM NO. C-k 8 MV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
S & K Famous Brands
T/A Hip Pocket
P. 0. Box 31800
Richmond, VA 23294 1985 Audit 193.52 193.52
Tamsco, Inc.
T/A Beauty & the Beast
629 Presidential Blvd.
Va. Beach, VA 23452 1985 Audit 117.71 117.71
Virginia Compressor Exchange
408 Wolfsneck Trail
Va- Beach, VA 23452 1984/85 Audit 92.57 92.57
Certified as to Payment:
Wobert P. Vaughan
Commissioner of the Reven@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 4 03 . 8 0 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
NO. C-k 8 PZV. 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
H & P Enterprises, Inc.
T/A Total Photographv ExDerience
4509 Hessian Court
Va. Beach, VA 23462 1983/84 Audit 30.40 30.40
Hannewald, Robert N.
T/A B & B Horle Services
233 Green Kemp Road
Va. Beach, VA 23462 1983 Audit 25.35 25.35
James L. Jordon, Jr.
T/A L & R Enterprises
1551 Fairfax Drive
Va. Beach, VA 23456 1984 Audit 25.00 25.00
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenee
form:
7
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $80.75 were approved by the Council
of the City of Virginia Beach on the- day of .19
Ruth Hodges Smith
City Clerk
- 43 -
Item II-M.13
CONSENT AGENDA ITEM # 25473
Upon motion by Councilwoman Creech, seconded by Councilman McCoy City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$2,557.87 upon application of certain persons and upon
certification of the City Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 5/1 5/86 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- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Robert H Bennett 86 RE(1/2) 39275-3 2/25/86 270.34
Day Summs & Epps 86 RE(1/2) 71402-2 11/8/85 16.14
Ocean Hills Owners Assoc 86 RE(1/2) 73538-5 11/14/85 10.00
Ocean Hills Owners Assoc 86 RE(1/2) 73539-4 11/14/85 200.00
Cambridge Meadows Inc 86 RE(1/2) 14833-1 11/4/85 233.27
Annie V Steinmetz 86 RE(1/2) 94046-6 11/28/85 421.39
Annie V Steinmetz 86 RE(1/2) 94051-8 11/29/85 108.00
Arlington Mortgage Co 86 RE(1/2) 29866-9 12/5/85 8.00
Woodscape Community Assoc 86 RE(1/2) 107925-2 12/5/85 2.00
MSGP Corporation 86 RE(1/2) 60074-2 12/5/85 4.00
John F Jr & Helen Powers 86 pp 130472-0 47491 5/5/86 13.80
Antony H Nahitchevnsky 85 pp 205726-4 47445 11/15/85 129.90
Federal Leasing Corp 85 pp 190758-9 47446 11/25/85 445.50
William H Freeman 83 pp 169300-8 47691 11/4/83 153.42
William H Freeman 84 pp 53884-8 47689 5/21/84 152.00
William H Freeman 85 pp 56065-1 47690 6/5/85 152.00
Raymond Andrews Sr 82 pp 3159-7 47855 3/31/86 83.11
William J Scarper Sr 85 pp 139549-1 47863 5/29/85 30.00
William J Scarper Sr 85 pp 139550-7 47882 5/29/85 120.00
Estle Gibson 86 Dog V06035 3/12/86 5.00
Total 2,557.87
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the- day of
John T. Atkinson, Treasurer@
Approved as to fqrm:
Ruth Hodges Smith
City Clerk
Dale Bimson, City Attorney
- 44 -
Item II-N.1
UNFINISHED BUSINESS ITEM # 25474
ADD-ON
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council AUTHORIZED:
City Staff to request the State Health Department and
State Water C6ntrol Board to petition the
ENVIRONMENTAL PROTECTION AGENCY for designation of
No Discharge Areas- in the Lynnhaven Estuary and the
Rudee Inlet Basin.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 45 -
Item II-0.1
NEW BUSINESS ITEM # 25475
Attorney Robert Cromwell represented the applicant
Michael Gilardi, l@xecutive Vice President of Aqua Sports, Inc., also
represented the applicant
Rae H. LeSesne, represented the Council of Civic Organizations, and spoke in
OPPOSITION
Upon motion by Councilinan Jennings, seconded by Councilman McCoy, City Council
EXPEDITED to the City Council Meeting of June 23, 1986:
ORDINANCE UPON APPLICATION OF AQUA SPORTS,
INCORPORATION FOR A CONDITIONAL USE PERMIT FOR
RECREATIONAL FACILITIES OF AN OUTDOOR NATURE
Ordinance upon application of Aqua Sports, Inc. for a
Conditional Use Permit for recreational faciltiies of
an outdoor nature on certain property located on the
east side of South Birdneck Road, 830 feet more or
less south of Bells Road. Said parcel contains 74.5
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
This item was moved forward on the AGENDA prior to the first PLANNING item.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,Mayor
Harold Heischober, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
June 2, 1986
- 46 -
Item II-O.I.a
NEW BUSINESS ITEM # 25476
A MOTION was made by Vice Mayor McClanan to REFER the following REQUESTS FOR
RECONSIDERATION back to the PLANNING COMMISSION:
REQUEST FOR RECONSIDERATION NO. CC-005: Jerry F.
McDonnell
REQUEST FOR RECONSIDERATION NO. CC-006: Luther and
Gaither Jackson
REQUEST FOR RECONSIDERATION NO. CC-007: Lakeside
Construction Corporation.
This MOTION FAILED for LACK OF A SECOND.
June 2 1986
- 47 -
Item II-0.2
NEW BUSINESS ITEM # 25477
Jerry F. McDonnell, the applicant represented himself and requested utility
and drainage flexibility.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council SCHEDULED for the City Council Meeting of June 23, 1986:
REQUEST FOR RECONSIDERATION No. CC-005: Ordinances
for the discontinuance, closure and abandoriment in
the petitions of Jerry F. McDonnell (Virginia Beach
Borough) pertaining to portions of the following:
An unnamed lane located 140 feet north of 27th
Street, C-ontaining .091-acre.
A portion of 28th Street, containing .67-acre.
An unnamed lane located 140 feet north of 28th
Street, containing .178-acre.
A portion of 29th Street, containing .46-acre.
City Staff will review and prepare recommendation
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley*, Louis R.
Jones, Robert G. Jones*, Vice Mayor Reba S. McClanan*,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
None
*Verbal Aye
June 2 1986
- 48 -
Item II-0.3
NEII BUSINESS ITEM # 25478
Ben Burton, of Talbot and Associates represented the applicant
Upon motion by Councilman MrCoy, seconded by Councilwoman Ober-ndorf, City
Council SCHEDULED for the City Council Meeting of June 23, 1986:
REQUEST FOR RECONSIDERATION NO. CC-006: Application
of Luther and Gaither Jackson for a Change of ZoninL,
from R-5 Residential District to
Business District, located on t@e west side of Sale,
Road, containing 25 acres (Kempsville Borough).
Applicant wishes this Change of Zoning reverted back
to the original R-5 and the capability to construct
homes for the family members.
Voting: 11-0
Council Members Voting Aye:
John A. Baun&, Nanry A. Creech, Robert E. Fentress*,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones* , Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
June 2 1986
- 49 -
Item II-0.4
NEW BUSINESS ITEM # 25479
Attorney Grover Wright represented the applicant
Uon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
REFERRED BACK TO THE PLANNING COMMISSION:
REQUEST FOR RECONSIDEPATION NO. CC-007: Application
of Lakeside Construction Corporation for a
conditional use permit for a borrow pit, located 100
feet north of Sandbridge Road and running in a
northeasterly direction to the Southern boundary of
Proposed Ferrell Parkway, containfng 3.672 acres
(Princess Anne Borough).
Applicant requests adjustment to the top of the bank to construct homes around
the lake.
Councilwoman Henley requested VERBATIMS be prepared concerning the LAKESIDE
CONSTRUCTION CORPORATION in conjunction with this particular location.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 50 -
Item II-0.5
NEW BUSINESS ITEM # 25480
Thomas M. Leahy III, Water Resources Engineer with the Department of Public
Utilities and Chairman of the Great Neck Groundwater Task Force, presented
the STATUS REPORT of the GREAT NECK AND LITTLE NECK GROUNDWATER TASK FORCE.
During the summer and fall of 1985, a number of private wells failed in the
Great Neck and Little Neck Peninsula as a result of extremely low
groundwater levels. In September 1985, Councilman H. Jack Jennings formed
a TASK FORCE to review the problems and recommend a course of action.
Mr. Leahy reiterated the CONCLUSIONS:
1. overuse and development is causing groundwater declines.
2. Suction Lift Shallow Pumps will fail occasionally.
3. Private Lawn Watering Wells are the ma or factor.
4. Data base is limited.
5. Potential for saltwater intrusion.
Mr. Leahy advised the RECOMMENDATIONS of the TASK FORCE:
1. Modify existing ordinance.
2. Prepare and distribute information for education of the public.
a. Conservation
b. Groundwater Protection
C. Heat Pump Regulations.
4. Promote Voluntary Restrictions.
5. City and State should jointly finance an Old Dominion University
Study.
WATER. QUALITY PROBLEMS were further outlined by Mr. Leahy:
1. Iron and Maganese
2. Hydrogen ion (acid water)
3. Salt or Brackish Water
4. Hydrogen Sulfide
BY CONSENSUS, City Council DEFERRED until the City Council Meeting of June
9, 1986:
Resolution Accepting the Conclusions and
Recommendations of the GREAT NECK AND LITRLE NECK
GROUNDWATER TASK FORCE
June 2 1986
- 51 -
Item II-0.6.
NEW BUSINESS ITEM # 25481
Donald Trueblood, Chief Engineer, presented a report on the EXPOSED SKAWALL
- BEACHFRONT ON CHESAPEAKE BAY WEST OF LESNEP BRIDGE.
As a result of the erosion being experienced along the bayfront shoreline
in the vicinity of Ocean Park, the presence of an old concrete seawall Is
gradually being revealed.
Mr. Trueblood further reiterated an estimate of approximately $50,000 to
remove said SEAWALL.
An estimated cost to cover up this SEAVALL, 3000 feet long and approximtely
8 feet deep, would be $800,000.
The Public Works Department has posted signs on the Beach which read
"Danger - Obstruction."
Paul Frederick Mueller, Engineer and Architect, constructed the SFAWALL in
the early 1900's.
BY CONSENSUS, City Council AUTHORIZED tbe City Manager to prepare an
Ordinance AUTHORIZING a CONSULTANT STUDY of the EXPOSED SUWALL for the
City Council Meeting of June 9, 1986.
- 52 -
Item II-0.7.
NEW BUSINESS ITEM # 25482
The CITY OF VIRGINIA BEACH, VIRGINIA, INTERIM FINANCIAL STA for the
Period July 1, 1985, through April 30, 1986, and the QUARTERLY REPORT ON
CAPITAL PROJECTS for the Period Ending March 31, 1986, were distributed to
City Council.
Robert Hayes, Comptroller, was in attendance in the absence of Giles Dodd,
Assistant City Manager for Administration, to respond to City Council's
inquires.
June 2, 1986
53 -
Item II-0.8.
NEW BUSINESS ITEM 25483
ADD-ON
Sam Houston, sponsored by Vice Mayor McClanan, spoke concerning VIRGINIA
BEACH TOMORROW.
Mr. Houston believed tbe Chairman of VIRGINIA BEACH TOMMRROW should give a
copy of his report not only to City Council, but to the Members who
comprise VIRGINIA BEACH TOMORROW, he felt the public announcement prior to
distributing the report to the Committee was premature.
- 54 -
Item II-0.9
NEW BUSINESS ITEM # 25484
ADD-ON
The City Manager advised of au emergency decision he made in connection
with the DREDGING of RUDEE INLET.
Great Lakes Dredging was the only company to prepare a BID.
An Ordinance appropriating funds in connection with same will be SCHEDULED
for the City Council Meeting of June 9, 1986.
- 55 -
Item II-P.l-
ADJOURNMENT ITEM # 25485
Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council
ADJOURNED the meeting at 10:37 P.M.
Beverl3F-O. HooKs
Chief Deputy City Clerk
@th HodgesSmith, CMC
City Clerk
City of Virginia Beach
Virginia