JANUARY 27, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
CTFY COUNCIL
MA YOR HAROLD MSCHOBER At
VICE-MA YOR REBA S. M@AN, P-... A- @A
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NANCY A. CREECH. At @.
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BARBARA M. @. P-" B-gh
H JACK JENNWGS, JR. L@- @k
LOUIS R. JONES, Bv,@ @h
ROBERT G. JONM, At @.
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MUNICIPAL C@R
RU7W HODGES SMRTH, CMC, Cty C-* CITY COUNCIL AGENDA VIRGINIA BEACH VIRGINIA =W Om
[8041427-430
January 27, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 5:30 FM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RFCESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM
A. INVOCATION: Reverend L. W. Chase
Rehoboth Baptist Church
B. PLEDGE OF ALLEGTANCE 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 Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
ITEM II. F. PRESENTATION
1. Maury Riganto Student Athletic Awards
Garland Payne, Chairman - Parks & Recreation Commission
2. Mayor's Committee on the Handicapped:
a. Chief Petty Officer Jeff Hansen
b. Endependence Center, Inc.
c. Therapeutic Recreation - Department of Parks &
Recreation
G. PROCLAMATION
1. Boy Scouts of America Week - February 2 - 8, 1986.
H. MINUTES
1. Motion to accept/approve Item #24791 from the Minutes of
January 13, 1986.
2. Motion to accept/approve the 14inutes of January 21, 1986.
I. PIANNING
1. Ordinance to AMEND the MASTER STREET AND HIGHWAY PLAN dated
December 16, 1974, pertaining to the realigriment of Ferrell
Parkway and Princess Anne Road north of the Municipal
Center, (Realigment of Indian River Road and Elbow Road).
DEFERRED June 24, 1985 to January 6, 1986, and RESCHEDULED
to January 27, 1986.
2. Application of the Planning Commission of the City of
Virginia Beach to AMEND the MASTER STREET AND HIGHWAY PLAN
to include a 250-foot, six-lane lane limited access
expressway from the Laskin Road interchange with the
Virginia Beach-Norfolk Expressway (44) to the Chesapeake
City Line at the Virginia Power Easement south of Elbow
Road, (Southeastern Freeway).
Recommendation: APPROVAL
3. Application of Ocean Island Associates for a 'change of
zoning from B-4 Resort-Commercial District to R-6
Residential District located at the southeast corner of
Sandpiper Road and Whitecap Lane (Pungo Borough).
Recommendation: ALLOW WITHDRAWAL
4. Application of Eunice and James Johnson and Mary Jane Hyman
for a change of zoningfrom R-5 Residential District to B-2
Community-Busi,.iess District located at the ortheast corner
of South Birdneck Road and Owl's Creek Lane (Lynnhaven
Borough).
Recommendation: ALLOW WITHDRAWAL
ITEM 11. I. 5. Application of Helen V. Standing for a change of zoning
f rom B-2 Community-Business District to B-4 Resort-
Commercial District located on he west si@e of North
Birdneck Road, 151 feet south of Bluebird Drive (Lynnhave.1
Borough).
Recommendation: ALLOW WITHDRAWAL
6. Application of Jack J. and Jeanne Osmond for a change of
zoning from R-5 Residential District to A-1 Apartment
District located on the east side of South Birdneck Road,
300 feet more or less South Beautiful Street (Lynnhaven
Borough).
Recommendation: APPROVAL
7. Application of Ronald L. and Holly Hall for a change of
zoning from R-3 Residential District to 0-1 Office District
located at the southeast corner of General Booth Boulevard
and Princess Anne Road (Princess Anne Borough).
Recommendation: APPROVAL
8. Application of Robert H. Josephberg and James C. Nocito for
a change of zoning from R-6 Residential District to B-2
Community-Business District located at the northeast corner
of South Birdneck Road and Longstreet Avenue (Lynnhaven
Borough).
Recommendation: DENIAL
9. Application of Lessie M. Gimbert and Gary M. and Robin B.
Van Auken for a change of zoning from R-5 Residential
District to A-2 Apartment District located on the south
side of the Virginia Beach Toll Road, 700 feet east of
Doyle Way (Lynnhaven Borough).
Recommendation: DENIAL
10. Application of Service Merchandise Company, Inc. t/a mr.
How Warehouse on a 12.35 acre parcel located at the
southeast corner of Virginia Beach Boulevard and Kellam
Road (Bayside Borough):
Change of zoning from B-3 Central-Business District to B-2
Community-Business District
AND,
Conditional use permit for outdoor storage.
Recommendation: DEN@
DEFERRED December 16, 1985
11. Application of Snyder Family Trust by Edward B. Snyder,
Trustee, for a conditional use permit for automobile sales
and ser-vice located at the southeast corner of Virginia
Beach Boulevard and Kings Grant Road (Lynnhaven Borough).
Recommendation: DENIAL
ITEA II. 1. 12. Application of the Planning Commission of the City of
Virginia Beach for amendments to the Subdivision Ordinance
of the following:
a. Section 1.1 pertaining to definitions of streets.
b. Section 4.1 pertaining to bikeway location, type and
width.
c. Section 4.4 pertaining to notification on plats of soil
and slope conditions.
Recommendation: APPROVAL
J. RESOLUTION
1. Resolution of the Council of the City of Virginia Beach
requesting that tbe Lynnh"en River be included in the
Virginia Chesapeake Bay Initiatives.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of busiiess by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolutions in Recognition:
a. Chief Petty Officer Jeff Hansen
b. Endependence Center, Inc.
c. Therapeutic Recreation - Department of Parks &
Recreation
2. Ordinance to amend by-laws of the Virginia Beach Community
Services Board.
3. Ordinance authorizing the City Manager to execute a deed of
vacation and quitelaim vacating a 15' water main easement
on plat of the remainder of Parcel X subdivision of part of
property of D"id I. Levine.
4. Ordinance authorizing the City Manager to execute an
agreement concerning urban preservation and infill
commitments.
5. Ordinance, on FIRST READING, to appropriate $21,160 from
state funding to the Community Services Board in support of
detoxification and rehabiutation services.
6. Ordinance appointing Viewers in the petition of P.S.
Associates for the closure of a portion of Branksome Drive.
7. Raffle Permit: Sweet Adelines.
8. Certifirate of Public Convenience and Necessity: Executive
Limousine Service, Inc.
L. UNFINISHED BUSINESS
1. Oceanfrout Visitor & Travel Center
2. Open Space/Recreation Requirements: Presentation by
Departments of Planning and Parks and Recreation.
ITEt4 II.M. NEW BUSINESS
1. Kempsville Police Sub-Station: Discussion by Chief Charles
Wall.
N. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
April 1 Special Session of City Council for
presentation
April 1-16 City Council's review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 FM
April 24 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 27, 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, January 27, 1986, at 5:30 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, J. Henry McCoy, Jr. ,
D.D.S. and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Councilwoman Creech entered the EXECUTIVE SESSION at 6:15 P.M.
- 2 -
ITEM # 24845
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, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
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, J. Henry McCoy, Jr. ,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 27, 1986
7:10 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,
January 27, 1986, at 7:10 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 L. W. Chase
Rehoboth Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 27, 1986
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
UNFINISHED BUSINESS ITEM # 24846
The City Manager referenced a change in the FY 1986-1987 OPERATING BUDGET
SCHEDULE.
The BUDGET WORKSHOP will be held in the Conference Room on April 22, 1986
rather than April 24, 1986.
It has also requested the suggested time for the SPECIAL SESSIONS Of City
Council concerning the FY 1986-1987 OPERATING BUDGET be at 12 NOON on April
I and May 15, 1986.
These two items will be voted upon under UNFINISHED BUSINESS
5
Item II-F. 2
PRESENTATION ITEM 24847
Garland Payne, Chairman of the Parks and Recreation Commission presented
the MAURY RIGANTO STUDENT ATHLETIC AWARDS to:
Christopher Armentrout (Stumpy Lake Area)
Robin Markland (Arrowhead Area)
These students were selected from the Community Leagues participating in
the Department of Parks and Recreation Youth Sports Program.
Harold Whitehurst, Director of Parks and Recreation, and the families of
each recipient were in attendance.
6
Item II-F.2
PRESENTATION ITEM 24848
Mayor Harold Heischboer and Reverend Thomas Britton, Vice Chairman of the
Mayor's Committee for the Handicapped, PRESENTED RESOLUTIONS IN RECOGNITION
and awards for outstanding accomplishments in assisting the HANDICAPPED:
Chief Petty Officer Hansen
Mentally Retarded and Developmentally Disabled Adults
Bonnie O'Day
Executive Director
Endependence Center
Therapeutic Recreation
Harold Whitehurst
Director of Parks and Recreation
These Resolutions recognize the unselfish dedication of these public
servants.
7
Item II-G.1
PROCLAMATION ITEM 24849
Mayor Heischober PROCLAIMED the week of February 2 - 8, 1986 as:
BOY SCOUTS OF AMERICA WEEK
David Winiker, Member of the Board of Directors - Tidewater Boy Scouts,
Scout Master Staylor and Troop 435 ACCEPTED this PROCLAMATION.
The SCOUTS presented the "colors", leading the PLEDGE OF ALLEGIANCE.
This PROCLAMATION recognized the positive human values and practical living
experiences of the Scouting programs.
- 7a
WHEREAS, 1986 marks the seventy-fifth anniversary of the Tidewater Council, Boy Scouts
of America; and
WHEREAS, the Boy Scouts of America has made and continues to make important contributions
to the moral character, spiritual growth, and leadership development of the youth of Virginia
Beach; and
WHEREAS, numerous Virginia Beach civic organizations and educational and religious
institutions utilize Scouting programs to inspire their youth members with positive human
values and practical living experiences;
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby
proclaim the week of February 2-8, 1986 as
BOY SCOUTS OF AMERICA 6EEK
in Virginia Beach and urge all Scouts, as well as all other citizens, to continue to do
their best to do their duty to their God and their country, to obey the Scout Law, to help
other people at all times, and to keep themselves physically strong, mentally awake, and
morally straight.
1N WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Virginia Beach to be affixed this twenty-seventh day of January, nineteen hundred and
eighty-six.
Harold Heischober
Mayor
8
Item II-H.1
MINUTES ITEM 24850
Upon motion by Councilwoman Henley, seconded by Councilman Jennings, City
Council APPROVED Item # 24791 from the Minutes of January 13, 1986.
Item II-J.1 - Page 17 - ITEM # 24791
ORDINANCE CLOSING, VACATING AND DISCONTINUING A
PORTION OF HOLLY AVENUE IN THE PETITION OF SOUTH
BAY.
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
9
Item II-R.2
MINUTES ITEM 24851
Upon motion by Councilwoman Henley, seconded by Councilman Jennings, City
Council APPROVED the Minutes of January 21, 1986.
Voting: 10-0
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, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech*
Council Members Absent:
None
*Verbal Vote
- 10 -
Item II-I.1
PLANNING ITEM # 24852
A list of Adjacent Residents informed of the Amendment to the Master Steet
and Highway Plan to be heard at the City Council Meeting of January 27,
1986, is hereby made a part of the record.
The following spoke in Opposition:
James Moseley, Resident of Indian River Road
Elmo T. Moseley, Resident of Indian River Road
Howard Everton, Resident of Indian River Road
Robert Scott, Director of Planning, and William Cashman, Department of
Planning, addressed Council's and the citizen's concerns. The Staff
recommended Alternative 13 (Hybrid Alignment)
A MOTION was made by Councilman McCoy, seconded by Councilwoman Oberndorf,
to ADOPT Alternative #2 (Neighborhood Proposal) - A complete realignment of
Indian River Road from Rosemont Forest South to a point approximately 4400
feet south of the Elbow Road Intersection:
ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY
PLAN DATED DECEMBER 16, 1974
This shall be amended by realigning the intersection of Indian River Road
and Elbow Road as shown on maps on file in the Department of Planning.
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Jennings,
City Council ADOPTED Alternative #3 (Hybrid A]-ignment) - this Alernative
uses the existing alignment of Indian River Road south of Elbow Road. It
provides a new alignment north of Elbow Road which first follows that
provided by Alternative #2 extending approximately 1600 feet north
northwest from existing Indian River at Elbow Road. At this point this
Alternative follows the alignment provided in Alternative #2 to the
existing aligriment at the Rosemont Forest subdivision:
ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY
PLAN DATED DECEMBER 16, 1974
This shall be amended by realigning the intersection of Indian River Road
and Elbow Road as shown on maps on file in the Department of Planning.
Voting: 7-4 (SUBSTITUTE MOTION CARRIES)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones and Robert G.
Jones
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
- 10a -
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Master Street and Highway Plan, dated December 16,
1974, is hereby amended as follows:
Realign the intersection of Indian River Road
and Elbow Road as shown on maps on file in the
Department of Planning.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 27th day of January 1 1986.
Item II-I.2
PLANNING ITEM 24853
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech,
City Council ADOPTED:
ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY
PLAN DATED DECEMBER 16, 1974
This shall be AMENDED by including a 250-foot, six-lane limited access
expressway from the Laskin Road interchange with the Virginia Beach-Norfolk
Expressway (44) to the Chesapeake City Line at the Virginia Power Easement
south of Elbow Road. (Southeastern Expressway)
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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
None
Januar 27 1986
- lla -
AN OFTDIMANCE TO AMEND
THE STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT OFTDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA
That the Master Street and Highway Plan dated December 16, 1974,
Is hereby amended as follows:
Include a 250-foot, six-lane limited access expressway from the
Laskin Road Interchange with the Virginia Beach-Norfolk Expressway
(44) to the Chesapeake City Line at the Virginia Power Easement south
of Elbow Road.
Interchanges will be located at:
1. The Virginia Beach-Norfolk Expressway
2. International Parkway
3. Dam Neck Road Extended
4. Princess Anne Road
5. Indian River Road
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 27th day of January 1986.
41AL,l
- 12 -
Item II-I.3
PLANNING ITEM # 24854
Ben Burton, with Talbot and Associates, represented the applicant and
requested WITHDRAWAL
upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council ALLOWED WITHDPAWAL of an Ordinance upon application of OCEAN
ISLAND ASSOCIATES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF OCEAN ISLAND
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-4 TO R-6
Ordinance upon application of Ocean Island
Associates for a Change of Zoning District
Classification from B-4 Resort-Commercial
District to R-6 Residential District on certain
property located at the southeast corner of
Sandpiper Road and Whitecap Lane. Said parcel
contains 12.76 acres more or less. Plats with
more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
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., 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:
Louis R. Jones
January 27, 1986
- 13 -
Item II-I.4
PLANNING ITEM # 24855
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of EUNICE AND
JAMES JOHNSON and MARY JANE HYMAJI for a Change of Zoning:
ORDINANCE UPON APPLICATION OF EUNICE AND JAMES
JOHNSON AND MARY JANE HYMAN FOR A CHANGE OF
ZONING FROM R-5 TO B-2
Ordinance upon application of Eunice and James
Johnson and Mary Jane Hyman for a e of
Zoning District Classification from R-5
Residential District to B-2 Community-Business
District at the northeast corner of South
Birdneck Road and Owl's Creek Lane. Said parcel
contains 28,925.72 square feet. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH
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., 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:
Louis R. Jones
- 14 -
Item II-I.5
PLANNING ITEM # 24856
Uon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of HELEN V.
STANDING for a Change of Zoning:
ORDINANCE UPON APPLICATION OF HELEN V. STANDING
FOR A CHANGE OF ZONING FROM B-2 TO B-4
Ordinance upon application of Helen V. Standing
for a Change of Zoning District Classification
from B-2 Community-Business District to B-4
Resort-Commercial DiSStrict on certain property
located on the west side of North Birdneck Road,
151 feet south of Bluebird Drive. Parcel is
located at 565 North Birdneck Road and contains
20,822 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
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., 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:
Louis R. Jones
- 15 -
Item II-I.6
PLANNING ITEM # 24857
Jack Osmond, the applicant, represented himself
The City Clerk referenced letter from Captain L. F. Norton, Commanding
Officer, advising this application lies within the AICUZ Noise Zone
Three.
LCDR Petrie had registered OPPOSITION but had to leave prior to the
hearing of this application.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of JACK J. AND JEANNE OSMOND
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF JACK J. AND JEANNE
OSMOND FOR A CHANGE OF ZONING FROM R-5 TO A-1
Z01861056
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Jack J. and Jeanne
Osmond for a Change of Zoning District
Classification from R-5 Residential District to
A-1 Apartment District on certain property
located on the east side of South Birdneck Road,
300 feet more or less south of Beautiful Street
on Lots 1, 2, 3, 6, 11, 12, 13, 14, 15, and 17,
Subdivision A, Seatack. Said parcels contain
2.22 acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed that a noise disclosure
statement will be given to each tenant.
Prior to the changing of the official zoning maps, the following
requirement will be met:
A dedication of right-of-way along the frontage on South Birdneck
Road in accordance with the Master Street and Highway Plan and
the Virginia Beach Bikeway Plan as shown on a preliminary
alignment on file in the City Engineer's Office.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of January, Nineteen Hundred and Eighty-six.
Voting: 10-1
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
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
- 16 -
Item 11-I.7a
PLANNING ITEM # 24858
Jack Haworth represented the applicant and advised the parcel is now 2.45
acres (more or less). A 75-foot buffer has already been conveyed to the
Nimmo Methodist Church along the common boundary with the cemetary.
Opposition:
Lou Pace represented the Hunt Club Forest Civic Association
Glenn Tainter, President Red Mill Farm Civic Leagues and
Courthouse/Sandbridge Coalition
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of RONALD L. AND HOLLY HALL
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY
HALL FOR A CHANGE OF ZONING FROM R-3 TO 0-1
Z01861057
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Ronald L. and Holly
Hall for a Change of Zoning District
Classification fr m R-3 Residential District to
0-1 Office District on certain property located
at the southeast corner of General Booth
Boulevard and Princess Anne Road and shown as
"Residue Acreage" on that certain plat recorded
in Map Book 168, Page 51, in the Clerk's Office
of the Circuit Court. Said parcel contains 3.25
acres. PRINCESS ANNE BOROUGH.
The 2.45 acre parcel (more or less) shall be subject to the following
conditions:
1. Development shall be in compliance with the Nimmo Church
Historical-Cultural District.
2. Any development of the site shall be subject to review by the
Historical Review Board.
3. Structural height shall be limited to two (2) stories plus
dormer.
4. Landscaping of the site shall be in accordance with City
Ordinances.
5. The 75-foot buffer along the eastern property line shall be
maintained.
- 17 -
Item II-I.7-a
PLANNING ITEM # 24858 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on tbe
Twenty-seventh day of January, Nineteen Hundred and Eighty-six.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones and Meyera E. Oberndorf
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
Januar 27 1986
- 18 -
Item II-I.7b.
PLANNING ITEM # 24858 (Continued)
In conjunction with the Ordinance upon application of RONAIJ) L. AND HOLLY
HALL for a Change of Zoning from R-3 Residential District to 0-1 Office
District located at the southeast corner of General Booth Boulevard and
Princess Anne Road and upon motion by Vice Mayor McClanan, seconded by
Councilwoman Creech, City Council stipulated:
The entire 3.25 acre tract shall be included in
tbe Historical-Cultural District.
Mayor Heischober requested the City Attorney notify the TRUSTEES OF THE
CHURCH to express Council's concerns relative the 75-foot buffer. City
Council will be notified of any changes.
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. , 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:
Louis R. Jones
Council Members Absent:
None
Januar 27 1986
- 19 -
item II-I.8
PLANNING ITEM # 24859
Attorney Robert Steinhilber represented the applicant as well as the fee
owners of the property.
The following also spoke in favor of the application:
William Mason, family Member of the Capps, the fee owners
Robert McConnell, Architect on the Project and resident
Paul Sparrow, Jr., resident of Norfolk Avenue
Aaron Parsons, adjacent resident
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of ROBERT H. JOSEPHBERG AND
-JAMES C. NOCITO for a Change of Zoning:
ORDINANCE UPON APPLICATION OF ROBERT H.
JOSEPHBERG AND JAMES C. NOCITO FOR A CHANGE OF
ZONING FROM R-6 TO R-@ B-1 (AS MODIFIED)
Z01861058
(SEATACK TARGET AREA)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Robert H.
Josephberg and James C. Nocito for a e of
Zoning District Classification from R-6
Residential District to B-@ B-1 (As Modified)
Community-Business District on-certain property
located atfhe northeast corner of South Birdneck
Road and Longstreet Avenue in Olive Heights.
Said parcel is located at 104 South Birdneck Road
and contains 1.3 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh Of January, 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
Ja-ary 27, 1986
- 20 -
Item II-I.9
PLANNING ITEM # 24860
Dr. E. T. "Joe" Buchanan represented the applicant and requested DEFERRAL
to determine if said application is within the TARGET AREA.
Lee Williams, President of the Doyleway Civic League, spoke in Opposition.
The City Clerk referenced a letter from Captian L. F. Norton advising this
application lies within the AICUZ area.
LCDR Petrie had registered OPPOSITION but had to leave prior to the
hearing of this application.
The City Clerk also referenced a letter from Attorney Carter R. Anderson,
Jr., dated January 22, 1986, requesting DEFERRAL.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of LESSIE M. GIMBERT and
GARY M. AND ROBIN B. VAN AUKEN for a Change of Zoning:
ORDINANCE UPON APPLICATION OF LESSIE M. GIMBERT
AND GARY M. AND ROBIN B. VAN AUKEN FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2
(DOYLETOWN TARGET AREA)
Ordinance upon application of Lessie M. Gimbert
and Gary M. and Robin B. Van Auken for a Change
of Zoning District Classification from R-5
Residential District to A-2 Apartment District on
certain property located on the south side of the
Virginia Beach Toll Road, 700 feet east of Doyle
Way. Said parcel contains 6.5 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
- 21 -
Item II-I.10.
PLANNING ITEM # 24861
William R. Davidson, the General Manager of Homeowners Warehouse,
represented the applicant and requested WITHDRAWAL.
The City Clerk referenced letter of January 21, 1986 from SERVICE
MERCHANDISE COMPANY, INC., requesting WITHDRAWAL.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ALLOWED WITHDRAWAL of Ordinances upon application of SERVICE
MMCHANDISE COMPANY, INC. t/a MR. HOW WAREHOUSE for a Change of Zoning and
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE
COMPANY, INC. d/b/a MR. HOW WAREHOUSE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3
TO B-2
Ordinance upon application of Service Merchandise
Company, Inc., d/b/a Mr. How Warehouse, for a
Change of Zoning District Classification fron B-3
Central-Business District to B-2
Community-Business District on property located
at the southeast corner of Virginia Beach
Boulevard and Kellam Road. Said parcel is
located at 4725 Virginia Beach Boulevard and
contains 12.35 acres. Plats with more detailed
information are aailable in the Department of
Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE
COMPANY, INC., d/b/a MR. HOW WAREHOUSE, FOR A
CONDITIONAL USE PERMIT
Ordinance upon application of Service Merchandise
Company, Inc., d/b/a/ Mr. How Warehouse, for a
Conditional Use Permit for outdoor storage on
property located at the southeast corner of
Virginia Beach Boulevard and Kellam Road. Said
parcel is located at 4725 Virginia Beach
Boulevard and contains 12.35 acres. Plats with
more detailed information are avialable in the
Department of Planning. BAYSIDE BOROUGH.
22 -
Item II-I.10
PLANNING ITEM 24861 (Continued)
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
PLANNING ITEM 24862
Attorney Morris Fine represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of SNYDER FAMILY TRUST BY
EDWARD B. SNYDER, TRUSTEE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST
BY EDWARD B. SNYDER, TRUSTEE, FOR A CONDITIONAL
USE PERMIT R0186809
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Snyder Family Trust
by Edward B. Snyder, Trustee, for a Conditional
Use Permit for automobile sales and service on
certain property located at the southeast corner
of Virginia Beach Boulevard and Kings Grant Road.
Said parcel contains 5.1 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. A reservation of right-of-way along the frontage on Virginia
Beach Boulevard together with three permanent drainage easements
and a temporary construction easement as per the Virginia Beach
Boulevard plans on file with the City Engineer's Office.
This Ordinance shall be effective upon the date of adoption.
Adopted by tbe Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of January, 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
Januar 27 1986
- 24 -
Item II-I.12 a/b.
PLANNING ITEM # 24863
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED:
ORDINANCE TO AMEND AND REORDAIN SECTION 4.1 OF
THE SUBDIVISION ORDINANCE PERTAINING TO BIKEWAYS
(Tbis Section pertains to bikeway location, type
and widtb.)
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 1.1 OF
THE SUBDIVISION ORDINANCE PERTAINING TO BIKEWAYS
(Tbis Section pertains to definition of streets.)
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creecb, Robert E. Fentress, Mayor Harold
Heiscbober, 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
Janaury 27, 1986
- 24a -
AN ORDINANCE TO AMEND AND REOFUAIN
SECrION 4.1
OF THE SUBDIVISION OFA)INANCE
PERTAINING TO BIKEWAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACti, VIRGINIA:
That Section 4.1 of the Subdiviston Ordinance be amended and reordained
in part as follows:
Sec. 4.1 Streets and alleys.
(t) Bikeway location, typn apd width shall he as periffed IJI
the Viraini
Adopted by the Counci I of the City of Virginia Beach, Virginla, on the
-27Eh day of J r , 198@ 6.
This ordinance shall be effective from the date of adoption.
A CON.7rw
'rO -rCRM
1-13 - Fd
T'@@Rt
I y C)i@N@y
- 24b -
AN ORDI@ TO AMEND AM REOF7DAIN
SECTION 1.1
OF THE SUBDIVISION ORDINANR-E
PEKTAINING TO BIKEVIAYS
BE IT OFI)AINED By THE OOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 1.1 of the Subdivision Ordinance be amended and reordained
in part as follows:
DEFINITIONS
sec. 1.1 Street.
A vehlcular way (which may also serve, in part, as a way for
pedestrlan a- traffic) whether called street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place. alley, mall or otherwise designated.
and:
Ado Council of the City of Virginia Beach, Virginia, on the
2@tted by the
h
- day of
Thi5 ordinance shall be effective froffi the date of adoption.
APPROVED AS TO CONTENT
2-
- 25 -
Item II-I.12.c
PLANNING ITEM # 24864
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council ADOPTED:
ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF
THE SUBDIVISION ORDINANCE PERTAINING TO SOIL AND
SLOPE CONDITIONS
The City Staff will address "top of bank" and "toe of slope" for possible
requirement on Plat, as well as the possibilty of substituting the words
"may" for "shall" in Section (1) of the proposed Ordinance for potential
future amendment.
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
- 25a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.4
OF THE SUBDIVISION ORDINANCE
PERTAINING TO SOIL AND SLOPE CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.4 of the Subdivision Ordinance be amended and reordained in
part as follows:
(k) Each plat of any area adjacent to a tidal shoreline or drainageway
on which for any lot along the banks thereof there is a slope of
eight percent or greater as detemined by the City Engineer's Office
shall contain a statement as follows: '.1urther development of these
lots including any filling or physical aIteration of t h
require add !7 s from the City of Virginia Be:ch'ootsr moatyher
GovernmentaitiAgo:an'cipe:. it
(1) If highly erodible soils are existing, as determined by the city
soil scientist on any lot within or adjacent to floodplains, then
the pl at creating such lot shall contain a statement as follows:
EDie to t'e 'i" ro ibi lity of the soi s existing within or adjacent
to loodplain@, r:.odvat of existing vegetation or alteration of
existing contours may accelerate erosion and may require additional
p@r.its from the City of Virginia Beach or other Governmental Agencies.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27thd,y f January 19 86
January 27, 1986
- 26 -
Item II-J-1
RESOLUTION ITEM # 24865
Jack Whitney, Chief of Comprehensive Planning, responded to City Council's
inquiries:
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED:
Resolution of the Council of the City of Virginia Beach
requesting that the Lynnhaven River be included in the
Virginia Chesapeake Bay Initiatives.
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
- 26a -
REQUESTED BY: Councilman H. Jack Jennings
A RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH REQUESTING
THAT THE LYNNHAVEN RIVER BE INCLUDED IN THE VIRGINIA CHESAPEAKE BAY
INITIATIVES.
WHEREAS. the Lynnhaven River located within the City of
Virginia Beach is a unique and irreplaceable natural resource;
and
WHEREAS, the Lynnhaven River as a valuable natural re,,urc,
provides both recreational opportunities for Virginia Beach
citizens and visitors and contributes to the livelihood
of commercial fishermen; and
WHEREAS. the Lynnhaven River provides a natural setting of
great beauty for the residences of many Virginia Beach citizens;
and
WHEREAS, the Lynnhaven River and surrounding wetlands function
as a productive habitat for many species of wildlife. fish
and plants; and
WHEREAS, the water quality of the Lynnhaven River has
deteriorated over the years thereby reducing its recreational,
ecological, commercial and aethetic value; and
WHEREAS, the Lynnhaven Water Quality Task Force has developed
several recommendations to address water quality deficiencies
in the Lynnhaven River; and
WHEREAS, the General Assembly of the Commonwealth of Virginia
has adopted the Virginia Chesapeake Bay Initiatives to address
water quality degradation in the Chesapeake Bay; and
WHEREAS. the Lynnhaven River is a tributary of the Chesapeake
Bay; and
WHEREAS. the City of Virginia Beach desires that the Lynnhaven
River be included in the programs and studies being conducted
under the Virginia Chesapeake Bay Initiatives;
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that the Commonwealth of Virginia is requested to include the
Lynnhaven River in the Virginia Chesapeake Bay Initiatives.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27th day of January 1986
- 27 -
Item II-K
CONSENT AGENDA ITEM # 24866
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED i. ONE MOTION Items 1, 3, 4, 5, 6, 7 and 8.
Item #2 was DEFERRED INDEFINITELY
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
- 28 -
Item II-K-1
CONSENT AGENDA ITEM # 24867
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED:
Resolutions in Recognition:
Chief Petty Officer Jeff Hansen
Endependence Center, Inc.
Therapeutic Recreation - Department of Parks & Recreation
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. McClanaTi, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION IN RECOGNITION
WHEREAS: The Mayor's Committee On The Handicapped recognizes
citizens for their exceptional accomplishment in aiding the
Handicapped;
WHEREAS: Chief Petty Officer Jeff Hansen has given over 150
volunteer hours per month working directly with the mentally retarded
and developmentally disabled adults. Jeff has been living in a group
home with the adults since April 1, 1984 and he has shared his
knowledge and skills with them on volunteer time. As a positive role
mGdel for a male in the home, Jeff has taught him about yard work,
sports, cars and other masculine activities that help the young adult
with disabilities and how to cope in society. Household chores are
also activities that the adult must learn and Jeff is always willing to
encourage all these adults on how to accomplish a task most
efficiently. Since April 1984, Jeff Hansen has given 2,593 hours and
he plans to continue with the program indefinitely. He is also willing
to volunteer for outside the home assisting at mall displays to
encourage volunteering with the program, volunteering for fund raising
activities for the programs, working i.1 the heat to help repair the
home or other homes in the program. Jeff's volunteering is never
ceasing and he is always willing to lend a hand whenever needed. Not
enough can be said about his enthusiasm and willingness to involve the
adults in new activities. Jeff is the ideal volunteer; never ceasing,
innovative, creative arid enthusiastic; and,
WHEREAS: There are many citizens whose unselfish qualities are
worthy of recognition. Yet, there are few who render such notable
services, placing more value on the comfort and well being of others as
does:
CHIEF PETTY OFFICER JEFF HANSEN
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council pauses ii its legislative deliberation to pay tribute to this
unselfish, tireless, dedicated public servant whose vision has expanded
our horizons and whose efforts have brought hope, self esteem and value
to those less fortunate who reside in our city.
In behalf of the Virginia Beach City Council,
Given under my hand and seal this
Twenty-Seventh day of January,
Nineteen Hundred Eighty-Six.
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The Mayor's Committee On The Handicapped recognizes
citizens for their exceptional accomplishment in aiding the
Handicapped;
WHEREAS: Endependence Center, Inc. is uniquely qualified to
receive this award because they have recognized that "improving the
lifestyle of the handicapped" means not only working with the
individual who has a disability, but with the community as well.
Through public education and outreach, Endependence Center, Inc. has
undertaken the task of changing public opinion and creating
opportunities for Virginia Beach citizens with disabilities. In tbe
last 18 months, the Endependence Center has
1) Provided counseling for more than 100 Virginia Beach citizens using
the Peer approach. This method utilizes counselors who also have
disabilities and who have practical experience in the problems of
daily living. Combining this service with group counseling,
advocacy services, and classes in independent living skills, the
Endependence Center has enhanced self confidence and provided the
necessary foundation for many Virginia Beach citizens to live
independently.
2) ECI has referred more than 400 Virginia Beach residents to other
community services and has provided information about disability-
related products and services to hundreds more.
3) ECI staff has surveyed all city-owned and leased buildings to
assure that they are physically accessible.
4) Six workshops have been conducted for city staff and mayors
commissions on sensitivity to persons with disabilities.
5) Technical assistance was provided to the Department of Public Works
for design of an access ramp allowing persons with disabilities
access to the Virginia Beach oceart froit.
6) Pla,@is for new city facilities were reviewed to insure future
accessibility. They include the Virginia Museum of Marine Science,
the Court Building and thec entral Library.
7) Workshops were conducted for the City Manager and the department
heads on self-evaluation procedures that would ensure programmatic
access as well as physical access. This training allowed persons
at the decision-making level the opportunity to look at how their
services were made available to all citizens.
WHEREAS: There are many agencies who assist Virginia Beach
handicapped citizens, but none are more worthy of recognition than:
ENDEPENDENCE CENTER, INC.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council pauses in its legislative deliberation to pay tribute to this
unselfish, tireless, dedicated public servant whose vision has expanded
our horizons and whose efforts have brought hope, self esteem and value
to those less fortunate who reside in our city.
In behalf of the Virginia Beach City Council,
Given under my hand and seal this
Twenty-Seventh day of January,
Nineteen Hundred Eighty-Six.
Mayor
RESOLUTION IN RECOGNITION
WHEREAS: The Mayor's Committee On The Handicapped recognizes
citizens for their exceptional accomplishment in aiding the
handicapped;
WHEREAS: The Virginia Beach Department of Parks and Recreation
has provided year-round recreational services to the City's disabled,
ages one and up, for ten years. The purpose of the Therapeutic
Recreation Unit is to help disabled individuals reach their maximum
potential. This may range from a learning disabled child improving
perceptual motor skills, which will improve their performance
academically, to a mentally retarded adult learning social independence
skills for mainstreaming in the community. The Unit services are
provided in three levels: therapy, leisure education and recreation
participation. Programs providing therapy improve functional behaviors
and are most appropriate for clients with functional limitations that
relate to, or inhibit their potential leisure involvement. Leisure
education programs provide opportunities for the participants to
acquire skills, knowledge and attitudes, and are most appropriate for
clients who lack leisure learning opportunities and socialization in
leisure. Recreation participation programs provide opportunities which
allow voluntary client involvement in recreational interests. These
programs are for clients who need assistance, need adapted recreation
equipment, have limitations posed by restrictive treatment or
residential environment, or who lack appropriate community recreation
opportunities. The Unit provides therapeutic recreation services to
over 400 participants through 27 different programs with attendance
over 18,000 on an annual basis. Programs are scheduled year-round at
two barrier free community centers and local schools. Initially, each
individual is involved in an interview where medical, social and
recreational history is collected. The interview also includes
discussion as to the participant's expectations, desires, needs and
interests. The placement of an individual is based on an assessment
with various testing instruments, an activity orientation, or activity
observatio,.i. The basic premise for participant selection, placement
and referral lies in the assessment process. Individualized goals and
objectives serve to measure progress and achievement of each
participant. Following the completion of any program, an evaluation
which contains skills acquired, progress and the participant's overall
performance is documented. Documentation is then submitted to parents,
school officials and/or relevant agencies on the participant's success.
WHEREAS: There are many services and programs throughout the City
but none are more necessary nor effective than:
THERAPEUTIC RECREATION
provided by Virginia Beach Parks and Recreation year 'round.
NOW, THEREFORF, BE IT RESOLVED: That the Virginia Beach City
Council pauses in its legislative deliberation to pay tribute to this
unselfish, tireless, dedicated public servant whose vision has expanded
our horizons and whose efforts have brought hope, self esteem and value
to those less fortunate who reside in our city.
In behalf of the Virginia Beach City Council,
Given under my hand and seal this
Twenty-Seventh day of January,
Nineteen Hundred Eighty-Six.
Mayor
- 29 -
Item II-K-2
CONSENT AGENDA ITEM # 24868
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council DEFERRED INDEFINITELY:
Ordinance to amend By-Laws of the Virginia Beach
Commnity Services Board.
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
- 30 -
Item II-K-3
CONSENT AGENDA ITEM # 24869
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED-
Ordinance authorizing the City Manager to execute a
deed of vacation and quitclaim vacating a 15' water
main easement on plat of the remainder of Parcel X
Subdivision of part of property of David I. Levine,
(Bay Front Associates, Inc.)
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 ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF VACATION
AND QUITCLAIM VACATING A 15- WATER
MAIN EASEMENT ON PLAT OF THE REMAINDER
OF PARCEL X SUBDIVISION OF PART OF
PROPERTY OF DAVID I. LEVINE
WHEREAS, Bay Front Associates, Ltd., a Virginia
corporation, hereinafter "Owner," is the fee simple owner of those
certain pieces of property designated as Parcel X on that certain
plat entitled "PLAT OF THE REMAINDER OF PARCEL X SUBDIVISION OF
PART OF PROPERTY OF DAVID I. LEVINE SHOWING WATER MAIN EASEMENT
BEING VACATED (M.B. 89, P. 30) (M.B. 145, P. 19) (D.B. 1910, P.
660) LYNNHAVEN BOROUGH VIRGINIA BEACH, VA.," dated January 2,
1986, prepared by Engineering Services, Inc., Civil
Engineering-Land Surveying, a reduced copy of which is attached
hereto and made a part hereof as Exhibit A; and
WHEREAS, by plat dated April 30, 1974, and recorded in
the Clerk's Ofice of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 104, at Page 54, Owner's predecessor
in title dedicated to the City of Virginia Beach a 151 water main
easement, a portion of which lies across Parcel X. Said
easement, as shown on Exhibit A, is hereinafter referred to as the
"Easement To Be Vacated;" and
WHEREAS, Owner has requested that the City vacate the
Easement To Be Vacated; and
WHEREAS, it has been determined by the Departments of
Public Works and Public Utilities that the Easement To Be Vacated
is in excess of the needs of the City of Virginia Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Easement To Be Vacated is in excess of the needs
of the City of Virginia Beach and is hereby vacated; and
That, the City Manager is hereby authorized to execute a
Deed of Vacation and Quitclaim (a copy of which is attached hereto
as Exhibit B and incorporated herein by reference) between the
City of Virginia Beach and Bay Front Associates, Ltd., releasing
the City's right and interest in the Easement To Be Vacated.
Adopted by the Council of the City of Virginia Beach,
Virginia, on January 27, 1986
RP/da/ld - (C) - 12/26/85:1/6/86
THIS DEED OF VACATION AND QUITCLAIM, Made this day
of 1986, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
party of the first part, and BAY FRONT ASSOCIATES, LTD., a
Virginia corporation, 740 Duke Street, Suite 300, Norfolk,
Virginia, 23510, 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 are hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part its right and interest, if any, in the
!following described property:
All that certain lot, piece, or
parcel of property designated as
"C/L 151 WATER MAIN EASEMENT
BEING VACATED. (M.B. 104, P.
54);" shown on that certain plat
entitled "PLAT OF THE REMAINDER
OF PARCEL X SUBDIVISION OF PART
OF THE PROPERTY OF DAVID 1.
LEVINE SHOWING WATER MAIN
EASEMENT BEING VACATED (M.B. 89,
P. 30) (M.B. 145, P. 18)
LYNNHAVEN BOROUGH (D.B. 1910, P.
660) VIRGINIA BEACH, VA.," dated
January 2, 1986 prepared by
Engineering Services, Inc.,
Civil Engineering - Land
Surveying, Virginia Beach,
Virginia, and recorded in the
Office of the Clerk of the
Circuit Court of the City of
Virginia Beach, Virginia, in Map
Book at Page
This conveyance is made subject to conditions,
restrictions, easements, and reservations contained in the duly
recorded deeds, plats, or other instruments in the chain of
title, if any, constituting constructive notice thereof.
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 wasi
authorized by an ordinance adopted by the Council of the City of
Virginia Beach, at a meeting duly called and held on the dayi
1986.
CITY OF VIRGINIA BEACH
of
By
City Manager
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY 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 are
signed to the foregoing Deed of Vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
'A@@@.,'GrUEN.-urL4er my, band this day of 1986.
Noiary Public
My Commission Expires:
RP/da (27-C.3) 12/26/85
1
AFilkC, ED AS 10 FORM
-2-
EXHIBIT "A"
APPROVED' DIRECTOR OF PUBLIC WORKS APPROVED, DIRECTOR OF PUBLIC URILITIA
BAY
PARCEL X
I? @84)
66c",
/5' WATER MAIN EASEMENT
N 76-24'34"E rED BY VIRGINIA BEACH
COUNCIL ON
r
CM
N 74-06'40"E 3 74@ 78'
NII'56',32"E
120@85,
288.65' 'S
SHORE DRIVE (130'RIW) 622.87' rO
BEECH ST
PLAT OF THE
REMAINDER OF PARCEL X
SUBDIVISION OF PART OF PROPERTY
OF DAVID L LEVINE
SHOWING WATER MAIN EASEMENT
BEING VACATED
(M.S. 89, P 30) (M.& 145, P /8)
LYNNHAVEN BOROUGH (D. B. 1910, P 660) VIRGINIA BEACH, VA.
REV JANUARY /.*, 1986
SCALE /"=/00' JANUARY 2,1986
L) engineering services inc
Civii Engineerin Land Surveying
9
3351 Stoneshore Road Suite 100
Virginia Beach Virginia 23452 (804)468-6800
31 -
Item II-K-4
CONSENT AGENDA ITEM 24870
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute an
agreement concerning Urban Preservation and Infill
Commitments.
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
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT CONCERNING
URBAN PRESERVATION AND INFILL COMMITMENTS
WHEREAS, the City of Virginia Beach has applied to the
Virginia Housing Development Authority for mortgage financing for
purchasers of single family dwelling units which are eligible under
the Urban Preservation and lnfill Program; and
WHEREAS, subject to the terms and conditions bf the One
agreement attached hereto, the Virginia Housing Development Authority
will reserve for the City of Virginia Beach Nine Million and Five
Hundred Thousand Dollars ($9,500,000.00) to be used to provide mortgage
loan financing under the Authority's Residential Mortgage Program for
persons and familits of low and moderate income who purchase single
family dwelling units eligible under the Urban Preservation and Infill
Program.
WHEREAS, the City of Virginia Beach wisheSS to accept such
reservation of funds.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the City Manager is hereby authorized to enter into an
agreement with the Virginia Housing Development Authority for the
reservation of Nine Million and Five Hundred Thousand Dollars
($9,500,000.00) for mortgage financing for purchasers of single
famlly dwelling units who are eligible under the Urban Preservation and
Infill Program. Said agreement is attached hereto and incorporated
by reference.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 27th day of January, 1986.
APPROVED AS TO CONTENT:
Dire@ Departm d
CommuniXy Development
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
URBAN PRESERVATION AND INFILL
ENT
R
.,@@,@,!,@THIS AGREEMENT, made as of the -Uth day of -December i
1985 . by and between the VIRGINIA HOUSING DEVELBPMENI AUTHORITY, a
poIT-tical subdivision of the Commonwealth of Virqinia @haecr@inafter
referred to as the "Authority") and the City of Vi-rginia e
(hereinafter referred to as the "LocTli-ty@.);
W I T N E S S E T H:
WHEREAS, the Locality has applied to the Authority for
,.Il@t,,,,,g,,,fin,,n@ing f.r purch.sers of single family dwelling units
eligible under the Urban Preservation and Infill Program
(hereinafter the "UP and I Program") In Richmond, Virginia;
WHEREAS, the Authority expects to deliver its $337,694,709.40
Residential Mortgage Bonds, 1985 Series B (the "Series B Bonds"),
a portion of the proceeds of which are expected to finance mortgage
loans in "Targeted Area" (as hereinafter defined).
NOW, THEREFORE, in consideration of the premises aforesaid,
the commitments herein contained and other good and valuable con-
sideration, the parties agree as follows:
1. ject to the terms and conditions
by agrees to reserve for the Locality
(the "Reserved Funds") to be used
inancing under the Authority's Resi-
or persons and families of low and
se single family dwelling units which
d Areas (as defined in paragraph 2
y ereby accepts such reservation. Mortgage
loans to I( financed with the Reserved Funds shall be originated,
processed and disbursed by the Authority's Processing/Disbursing/
Servicing Agents ("PDS Agents") in accordance ith this Agree- .
ment, Rules and Regulations of the Authority, the PDS Agreements
between the Authority and the PDS Agents, the Authority's Processing
and Disbursing Handbook and the Authority's Administrative Proce-
dures for the Processing/Disbursing/Servicing Agent Program.
2. Use of Funds. All mortgage loans made pursuant to this Agreement
ust be for the Purchase of.properties which are located within
Areas of Chronic Economic
in Section 10 A of the
amended, and the regulations issued
n 103A"). If no such areas are approved
of this Agreement, the Authority may
areas. reallocate such funds to other approved
3. Reservation Periods. Subject to the provisions hereof, the
Reserved Funds will be reserved for the Locality until the lat-
ter of December 18, 1986, or one year from the date the Authority
determines that "funds are first made available with respect to
,,Targeted Area residences" for purposes of Section 103A. To the
extent that such funds are not committed, settled and disbursed by
said date, such funds shall (at the option of and to the extent
deemed appropriate by the Authority) no longer be deemed reserved
for the Locality and may be used by the Authority for any lawful
purpose.
4. Rate of Interest. The mortgage loans made pursuant to this Agree-
ment from the Reserved Funds which loans were committed prior to May
1. 1986 (or such other date as the Authority may determine) will be
at an interest rate of 9.62%. Such interest rate shall be adjusted
to the rate determined in accordance with the Resolutions autho-
rizing the issuance and sale of the Bonds on or about the following
dates: May 1. 1986, July 31, 1986. November 4, 1986, as the Authority
may determine.
5. Loans to One-Person Households. The Authority shall not impose
any limit on the numbe of mortgage loans made to one-person house-
holds pursuant to this Agreement.
6. Reduction of Amount of Reserved Funds. The Authority may, at any
time and from time to time, reduce t@e amount of the Reserved Funds
for the Locality if:
a. The Authority has determined that it is unlikely that mortgage
loans will be committed, settled and disbursed within the time
period set forth in paragraph 3 hereof in the amount of the
Reserved Funds, in which case the Authority may reduce the
amount of Reserved Funds to such amount as the Authority
determines will be fully committed, settled and disbursed
within such period; or
b. The Authority is unable to sell and deliver a sufficient aggre-
gate principal amount of the Series B Bonds to enable it to
provide the total amount of Reserved Funds committed to all
Localities for Target Areas under the UP & I Program and there-
fore agrees that any determination made by the Authority pur-
suant to this paragraph 6 above shall be final and binding on
the Locality.
The Locality understands and agrees that the Authority has made the
determination that the Reserved Funds must be originated, settled and
disbursed within the time periods set forth in paragraph 33 hereof in
order to assure the success of the Authority's UP & I Program and there-
fore agrees that any determination made by the Authority pursuant to this
paragraph 6 above shall be final and binding on the Locality.
7. Termination nf Pa@pr@.+i@n of Funds. The Authority may, at any
time, terminate the reservation of Reserved Funds for the Locality
upon 30 days written notice to the Locality that the Authority has
determined (a) that the Locality is not complying with the terms of the
Commitment Agreement and/or the terms of the UP & I Program or other
agreements between the Locality and the Authority, or (b) that termina-
tion is necessary to comply with the tax covenant in the General Bond
Resolution for the Series B Bonds or (c) that termination is necessary
to comply with Section 103A.
8. Obligation of the Locality t Adv7rtise. The Locality shall assist
the Authority and the PDS ag:n ts nusing reasonable diligence to
place the Reserved Funds in qualified mortgages within the meaning
of Section 103A. As part of said duty to assist the Authority and
the PDS Agents, the Locality shall be required to advertise the
availability of these funds in the manner prescribed by the Authority
and shall provide evidence to the Authority of its compliance with
this requirement.
9. Conditions Precedent. All rights, covenants dnd duties of the
parties hereto are contingent upon the Authority's delivery of the
Series B Bonds within 90 days of this Agreement at such interest rate
and upon such other terms and conditions as are acceptable to the
Authority. In the event that the Authority fails or is unable to
so deliver such Series B Bonds, this Agreement shall be null and void
as of the date hereof.
10. Choice of Law; Miscellaneous. This agreement shall be construed in
accordance with the laws of the Commonwealth of Virginia. All pro-
visions contained herein are severable and should any provision be
held invalid by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. In addition, all
documents, resolutions and agreements referred to in this Agreement
shall be deemed incorporated herein by reference.
IN WITNESS WHEREOF, the parties xecuted this Com-
mitment Agreement by their duly aut e ves, as of the day
and year first above written.
RGI 0 ENT AUTHORITY
By:
ona@ L. Ilit nou'r@ rec or
Vsing Family Development
Locality
By:
Its:
Date:
- 32 -
Item II-J-5
CONSENT AGENDA ITEM # 24871
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to appropriate $21,160 from state funding to
the Community Services Board in support of
Detoxification and Rehabilitation Services.
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 ORDINANCE TO APPROPRIATE $21,160
FROM STATE FUNDING To THE
COMMUNITY SERVICES BOARD
IN SUPPORT OF DETOXIFICATION
AND REHABILITATION SERVICES
WHEREAS, in anticipation of the January 1, 1986 closing of the substance
abuse unit at Eastern State Hospital, the Hampton Roads Community Services Boards
and the staff of Eastern State Hospital made a proposal to provide funding to
local community services boards for the development of alternative community ser-
vices, and
WHEREAS, the joint local/state effort resulted in a negotiated ini-
tiative to enhance local community services board substance abuse services with
the endorsement on September 19, 1985 of the Virginia Beach Community Services
Board, and
WHEREAS, the State Department of Mental Health and Mental Retardation
has endorsed joint Eastern State Hospital and Hampton Roads Community Services
Boards' transition plan, earmarking $21,160 in FY 86 and $39,960 in FY 87 to the
Virginia Beach Community Services Board in support of detoxification and rehabili-
tation services, and
WHEREAS, the Virginia Beach Community Services Board will provide ser-
vices allowing for a continuum of treatment from the residential component through
outpatient care and case management and the purchase of local, short-term residen-
tial care for substance abusers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $21,160 be accepted from the State
and appropriated in the Department of Mental Health/Mental Retardation for these
services for substance abusers.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1985. This ordinance shall be
effective from the date of its adoption.
First Reading January 27, 1986
C 0.
Second Reading
PWC 13/ORDIO
- 33 -
Item II-K-6
CONSENT AGENDA ITEM # 24872
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED the APPOINTMENT OF VIEWERS:
Ordinance closing, vacating, and discontinuing a
portion of that certain street known as Branksome
Drive, as shown on certain plat entitled, "plat of
Branksome Drive (formerly Alease Drive) to be closed
and vacated (Kempsville Borough) Virginia Beach,
Virginia", in the petition of P. S. ASSOCIATES
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Ser-vices
C. Oral Lambert, Jr. Director of Public Works
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
ORDINANCE APPOINTING VIEWERS
WHEREAS, PS Partners II, LTD. has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the 27tday Of January 1986, apply to
the City Council of the appointment of Viewers to view the below-i
described property and report in writing to the Council whether,
in the opinion of said Viewers what, if any, inconvenience would i
result from the discontinuance of the hereinafter described,
portion of that certain street, and has filed such application
with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT Robert J. Scott, David Grochmal, C. Oral Lambert, Jr.
and
are hereby
appointed to view the below described property and report ini
writing to the Council, as soon as possible, whether in their,
opinion what, if any, inconvenience would result in the@
discontinuing and vacating of a portion of the certain street@
located in the City of Virginia Beach, Virginia, and more,
particularly described as follows:
Branksome Drive, beginning at a pin where the
northerly line of Branksome Drive intersects the
easterly line of Property of Independence Business
Centre Associates, thence S 48 degrees 00 minutes
00 seconds E 81.77 feet to a pin; thence along a i
curve to the right having a radius of 670.00 feet
an arc distance of 15.00 feet to a pin; thence I
along a curve to the right having a radius of
670.00 feet, an arc distance of 164.59 feet to a
masonry pin; thence - S 62 degrees 04 minutes 30
seconds E 58.63 feet to a pin; thence S 42 degrees
00 minutes 00 seconds w 61.86 feet to a pin;
thence N 62 degrees 04 minutes 30 seconds w 43.59
to a pin; thence along a curve to the left having
a radius of 730.00 feet an arc distance of 179.12
feet to a pin; thence along acurve to the left
having a radius of 730.00 feet an arc distance of
1.99 feet to a pin; thence N 48 degrees 00 minutes
00 seconds w 81.77 feet to a pin; thence N 42
degrees 00 minutes 00 seconds 60 feet to the point
of beginning (Portion to be vacated is designated
as 0.420 &c. of Branksome Drive formerly AleaBe
Drive).
All the above as shown upon that certain plat entitled,
*Plat of Branksome Drive (Formerly Alease Drive) to be closed and
vacated, Kempsville Borough-Virginia Beach, Virginia', which plat
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS BRANKSOME
DRIVE, AS SHOWN ON CERTAIN PLAT ENTITLED, 'PLAT OF
BRANKSOME DRIVE (FORMERLY ALEASE DRIVE) TO BE CLOSED
AND VACATED KEMPSVILLE BOROUGH-VIRGINIA BEACH,
VIRGINIA', WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, PS Partners II, Ltd., respectively!
represent as follows:
1. That pursuant to the provisions of Section 15.1-364'
of the Code of Virginia 1950, as amended, the Peti,tioner applies
for the vacating, closing and discontinance of a portion of that"
certain street, which is more specifically described as follows:
Branksome Drive, beginning at a pin where the
northerly line of BrankBOme Drive intersects the
easterly line of Property of Independence Business
Centre Associates, thence S 48 degrees 00 minutes I
00 secondo E 81.77 feet to a pin; thence along a
curve to the right having a radius of 670.00 feet
an arc distance of 15.00 feet to a pin; thence
along a curve to the right having a radius of
670.00 feet, an arc distance of 164.59 feet to a
masonry pin; thence S 62 degrees 04 minutes 30
seconds E 58.63 feet to a pin; thence S 42 degrees
00 minutes 00 seconds W 61.86 feet to a pin;
thence N 62 degrees 04 minutes 30 seconds W 43.59
to a pin; thence along a curve to the left having
a radius of 730.00 feet an arc distance of 179.12
feet to a pin; thence along acurve to the left
having a radius of 730.00 feet an arc distance of
1.99 feet to a pin; thence N 48 degrees 00 minutes
00 seconds w 81.77 feet to a pin; thence N 42
degrees 00 minutes 00 seconds 60 feet to the point
of beginning (Portion to be vacated is designated
as 0.420 ac. of Branksome Drive formerly Alease
Drive).
Said parcel of land being a portion of -Branksome Drive,
as indicated on that certain plat entitled " Plat of Branksomei
Drive (Formerly Alease Drive) to be Closed and Vacated", which;
plat is attached hereto and made a part hereof and intended to bei
recorded with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by;
reason of said closing, vacation and discontinuance of saidi
street; and the Petitioner prays that this Honorable Council@
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the th day of , 1986, as to whether in the
opinion of said viewers, what inconvenience, if any , would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the day of 1986 and on the
day of 1986, notice of the presenting of this;
application was published in the Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and i
adjacent to and affected by said portion of the platted street'
are your Petitioners herein PS PARTNERS II, LTD., and HOLLAND!
OFFICE PARK ASSOCIATES.
Respectfully submitted,
PS PARTNERS II, LTD@
Bi. i
J.-
Of Counse
Wallace B. Smith
Attorney at Law
P.O. Box 6124
Virginia Beach, Virginia 23456
f
- 34 -
Item II-K-7
CONSENT AGENDA ITEM # 24873
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED:
RAFFLE PERMIT
Sweet Adelines
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 Abseqt:
None
- 35 -
Item II-K-8
CONSENT AGENDA ITEM # 24874
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED:
Certificate of Fubllc Convenience and Necessity:
Executive Limousine Service, Inc.
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
Januar 27 1986
- 36 -
Item II-L.1
NEW BUSINESS ITEM # 24875
OCEANFRONT VISITOR 8, TRAVEL CENTER
Jack Whitney, Chief of Comprehensive Planning, addressed the Closure of One
Block of 19th Street. This project will acutally enhance 19th Street as a
primary avenue of automobile and pedestrian traffic and reinforce the
connection to the Pavilion. Removing the 19th Street Corridor from the
Site Plan would have a temendous impact on the viability of the project.
Arnold Rosenberg, Engineer, Parsons, Brinckerhoff, Quade & Douglas, Inc.,
reiterated the importance of 19th Street with a slide presentation and
charts
Timothy Barrow, Chairman of the Resort Area Advisory Commission, noted the
RACC's OPPOSITION to OPTION C involving the closure of 19th Street. The
RACC is in favor of the TRT plan provided 19th Street remains open and
incorporates suggestions reiterated by the RACC.
The following spoke in OPPOSITION to OPTION C of the PROPOSED
TRANSPORTATION CENTER
Dan Arris, Chairman of the Hampton Roads Chamber of Commerce, reiterated
their OPPOSTION to the closure of 19th Street, however, felt that
the benefits afforded by the TRT Travel Center and Municipal Services
Complex presented an opportunity if the Chamber's suggestions were
followed.
Skip Hendrix, President of the Virginia Beacb Hotel/Motel Association
Henry Richardson, III, Owner of the Empress Motel
Chaplain Bill Cuthriell, reiterated his concept for the DOME. (A brochure
explaining a simulator capsule is hereby made a part of the record).
Mike Lagiglia, President of the Old Beach Civic Association
A MOTION was made by Councilman McCoy, seconded by Councilman Baum to ADOPT
OPTION C of the OCEANFRONT VISITOR AND TRAVEL CENTER. Councilman McCoy in a
letter to City Council on January 23, 1986, addressed the concerns of the
19th Street Corridor. Said letter is hereby made a part of the record.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones and Vice Mayor Reba S. McClanan
Council Members Absent:
None
- 37 -
Item II-L.2
UNFINISHED BUSINESS ITEM # 24876
BY CONSENSUS, City Council RFSCHEDULED the Presentati,n f OPEN
SPACE/RECRFATION REQUIREMENTS by the Departments of Planning and Parks and
Recreation.
- 38 -
Item II-L.3
UNFINISHED BUSINESS ITEM # 24877
Upon motion by Councilwoman Oberndorf, seconded by Councilman Louis Jones,
City Council:
Changed the April 24, 1986, BUDGET WORKSHOP to
April 22, 1986 in the Conference Room from 4:00
P.M. to 7:00 P.M.
AND
Established 12:00 NOON as the Meeting Time for
the SPECIAL SESSIONS of City Council on April 1,
and May 15, 1986.
Voting: ii-o*
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
*VERBAL VOTE
Januar 27 1986
39 -
Item II-L.4
UNFINISHED BUSINESS ITEM # 24878
ADD-ON
Councilwoman Oberndorf referenced the pamphlet "HAZARDOUS WASTE
INCINERATION - DO WE WANT THIS?", copies of which were distributed to City
Council.
This brochure was prepared by Ronald W. Makela, Second District Engineer of
the Virginia Wildlife Federation, Inc.
The Environmental Protection Agency plans to burn PCB off the coast of
Delaware.
The EPA is not aware what direction the wind will be blowing the Hazardous
Wastes or how obnoxious the impact will be to those breathing same.
The City Manager advised the staff is investigating the situation and
Council will be kept advised.
This Brochure is hereby made a part of the record.
- 40 -
Item II-L.5
UNFINISHED BUSINESS ITEM # 24879
ADD-ON
Councilwoman Henley ANNOUNCED the PUBLIC MEETING concerning the relocation
of the POLICE FIRING RANGE In Creeds will be held Wednesday, January 29,
1986, at 7:30 P.M. at CREEDS SCHOOL.
- 41 -
Item II-L.6
UNFINISHED BUSINESS ITEM # 24880
ADD-ON
Deputy City Manager Aubrey Watts advised on January 6, 1986, City Council
ADOPTED an Ordinance to amend and reordain Section 37-7, 37-8, 37-9, 37-10,
37-11, and 37-12 and ADD Sections 37-7.1 and 37-7.2 to the Code of the City
of Virginia Beach, Virginia, pertaining to tap and meter installation fees
and WATER RESOURCE RECOVEPY FEES
There were several questions raised by Well Users in existing established
neighborhoods.
Aubrey Watts reiterated the WATER CONNECTION FEES of JANUARY 1, 1986:
Tap and Meter $ 285
Line 650
Water Resources Impact Fee 65
TOTAL $1,000
AND,
WATER CONNECRION FEES APPROVED JANUARY 6, 1986:
*From January 6, 1986 to June 30, 1986:
Tap and meter $ 285
Line 400
Recovery Fee 768
(24 DFU X $32)
TOTAL $1,453
DIFFERENTIAL COST - $453
*From July 1, 1986 to December 31, 1986:
Tap and meter $ 285
Line 400
Recovery Fee 1,512
(24 DFU x $63)
TOTAL $2,197
DIFFERENTIAL COST - $1,197
*Effective January 1, 1987
Tap and meter $ 285
Line 400
Recovery Fee 2,280
(24 DFU x $95)
TOTAL $2,965
DIFFERENTIAL COST - $1,965
January 27, 1986
- 42 -
Item II-L.6
UNFINISHED BUSINESS ITEM # 24880 (Continued)
ADD-ON
Mr. Watts further outlined the following recommendations:
1. Retain the Water Resource Recovery Fee as adopted on January 6,
1986.
2. Retain mandatory connection requirement.
3. Allow owners of existing structures not served by public water
that desire City water service to "lock-in" the fee in effect at
the time the contract is received and acklowledged by tbe City
(i.e., the contract serves as the building permit). For owners of
existing structures that do not sign a contract for service, the
fees would not be "locked-in".
4. Reduce the required participation for a neighborhood water
petition project from 75% to 51%.
5. Eliminate the City line fees. The General fund would increase
its payment for fire protection to the Utility Fund to offset the
loss of revenue due to the elimination of the City line fees.
As a result of these recommendations, the fees for a single family
residential uuit would be aproximately $1,053.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council SCHEDULED for the City Council Meeting of February 10, 1986,
the appropriate ORDINANCES concerning same.
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.
*VERBAL VOTE
- 43 -
Item II-M.1
NEW BUSINESS ITEM # 24881
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council AUTHORIZED the City Manager to proceed with the establishment of a
KEMPSVILLE POLICE SUB-STATION.
The establishment of a sub-station would:
1. Facilitate the delivery of basic police services to the highly
populated and fast-growing Kempsville Borough.
2. Reduce response time to calls-for-service, both emergency and
non-emergency, 110, 111, 112, 113, and 114 zones.
3. Reduce overcrowding due to reduced First Precinct office/work
space in the Public Safety building, along with a dramatic and
continuing increase in personnel.
4. Be highly cost-effective when considering the cost of multiple
daily drives between the Public Safety Building and Kempsville.
5. Save approximately $28,652 a year.
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
*Verbal Vote
- 44 -
Item II-N.1
ADJOURNMENT ITEM # 24882
Upon motion by Councilman Jennings and BY ACCLAMATION, City Council
ADJOURNED the meeting at 12:32 A.M., January 28, 1986.
Beverly'O.' Hooks
Chief Deputy City Clerk
Ruth Hodged Smith, CMC
City Clerk
City of Virginia Beach
Virginia
January 27, 1986