NOVEMBER 25, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
CrTY COUNCIL
MA YOR HAROLD BEISCHODER. At L-g.
VIC,E-MAYOR REBA S. MCLAMAN, @., A- @k
JORN A. BAUM, Bi.@@ @k
NANCY A. CREECH, At @
RO@TE @SS, V@B-A B-"h
BARRARA M. RENLEY, P.." B@h
H JACK JEAWINGS, JR, L@.M.- @h
LOUIS B. JONES, Bv@ @k
ROBERT G. JOARES. At L-9.
J@ HTNRYMCOY. JR., K-p@ B-gh
MEYFRA E OBERNDORP At L.,g.
281 CRIY HALL BULLDI.VG
RUTH HODGES SMn7l, CMC, C,,y Ci-k CITY COUNCIL AGENDA MUNICIPAL CENM
VIRGRVIA BEACH. VIRGINIA 2W6 NO
18041417-@
November 25, 1985
Virginia Beach City Council
ATLANTIC AVENUE REVITALIZATION PROJECT:
Presentation Conference Room 4:30 PM
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room 5:30 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 - 7 PM
A. INVOCATION: Reverend Roy R. Jackson
United Methodist Conference
B. PLEDGE OF ALLEGIANCE TO TRE 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
F. MINUTES
1. Motion to accept/approve the Minutes of November 18, 1985
G. PUBLIC REARING
Open Air Cafe Regulations
H. PUBLIC HEARING
Criteria for Tax Exempt Status:
1. Beth Sholom Housing Corporation
2. The Russell House
3. Zion Place Inc., t/a Luther Manor
I. PUBLIC HEARING
Appointments to Virginia Beach School Board
J. PLANNING - REQUEST FOR WAIVER
1. Request for waiver of a condition imposed upon the
application of Virginia Beach Federal Savings & Loan
Association for a change of zon@ from R-4 Residential
District to 0-1 Office District on a 3.6 acre parcel located
on the west side of First Colonial Road north of Wolfsnare
Road (Lynnhaven Borough), approved by City Council March 17,
1980.
K. PLANNING
1. Application of W.K. Myers for a variance to Section 4.4(b)
of the Subdivision Ordinance, which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance, on
a parcel located at the northeast corner of Atlantic Avenue
and 51st Street (Lynnhaven Borough).
Recommendation: APPROVAL
2. Application of Reuben F. Trant Jr. and Dr. John Hill Trant
for a variance to Section 4.4(b) of the Subdivision
Ordinance, which requires that lot dimensions conform to the
Comprehensive Zoning Ordinance, on a parcel located at 1240
and 1242 North Inlynnview Road (Lynnhaven Borough).
Recommendation: APPROVAL
3. Application of Robert M. Flanagan for a variance to Section
4.4(b) of the Subdivision Ordinance, which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance, on
a parcel located on the south side of Old Virginia Beach
Road, east of Oceana Boulevard (Lynnhaven Borough).
Recommendation: DENIAL
4. Application of WilUam J. Page for a conditional use permit
for motor vehicle sales and rental on a 4.2 acre parcel
located on the northeast corner of Holland Road and Diana
Lee Drive (Princess Anne Borough).
Recommendation: APPROVAL
5. Application of Iglesia Ni Christo Church of Christ for a
conditional use permit for a church on a 3.042 acre parcel
located on the east side of Th mp@kins Lane, north of Indian
River Road (Kempsville Borough).
Recommendation: APPROVAL
6. Application of The Breeden Company, Inc. for a conditional
use permit for a recreational facility of an outdoor nature
(swiming pool for health spa) on a 4.989 acre parcel
located on the south side of Northwood Drive, west of
Holland Road (Princess Anne Borough).
Recommendation: DENIAL
7. Application of National Beach Corporatioa for a change of
zoning from R-1 Residential District to A-4 Apartment
District on a 1.886 acre parcel located on the north side of
Pinewood Road, west of Holly Road (Virginia Beach Borough).
AND,
Application of National Beach Corporation for a change of
zoning from R-3 Residential District to A-4 Apartment
District on a 2.44 acre parcel located at the northwest
corner of Pinewood Road and Holly Road (Virginia Beach
Borough).
Recommendation: DENIAL for both applications
L. RFSOLUTIONS
1. Resolution supporting legislation which will designate
property owned by The Russell House, Inc., as being exempt
from state and local taxation.
2. Resolution supporting legislation which will designate
property owned by Beth Sholom Housing Corporation as being
exempt from state and local taxation.
3. Resolution supporting legislation which will designate
property owned by Zion Place, Inc., t/a Luther Manor as
being exempt from state and local taxation.
4. Resolution authorizing the City Manager to promulgate Open
Air Cafe Regulations; authorizing the City Attorney to
develop a franchise agreement to be used by City Council to
authorize such cafes; and allow applications for same.
M. RESOLUTIONS - INDUSTRIAL DEVEIDOPMENT REVENUE BONDS
Resolution approving issuance of Industrial Development Revenue
Bonds to:
1. Ayers & Associates - $1,000,000
N. 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 notion in the form listed. If an item is removed
from the Consent Agenda, it will be discussed and voted upon
separately.
1. Ordinance, upon SECOND @ING, as MODIFIED, to adopt the FY
1985-86 - 1989-90 Capital Improvement Program and to
appropriate $61,405,910 for the FY 1985-86 Capital Budget,
subject to funds being provided from various sources set
forth therein.
2. Resolution to endorse Lake Smith Bridge Replacement Project
as designed and request Virginia Department of Highways and
Transportation to proceed with the project.
3. Ordinance authorizing the City Manager to execute a lease
agreement between the City and Atlantic Broadcast
Enterprises trading as WVAB Radio.
4. Ordinance authorizing the City Manager to execute the
necessary documents to effectuate an exchange of property
bet:ween the School Board of the City of Virginia Beach and
the City of Virginia Beach and requiring that the deeds of
conveyance be exchanged and recorded in seriatim or not at
all.
5. Ordinance authorizing the City Manager to execute a deed of
vac.ation and quitelain releasing the City's interests in the
10-foot utility easement across property of Edythe D.
Simmons (North Alanton).
6. Ordinance, upon FIRST READING, to accept and appropriate
grauts of $237,340 from state aid and $5,901 from federal
aid to Public Libraries.
7. Ordinance to transfer $69,496 of capital project funds to
project 2-997 Indian Lakes Boulevard to fund the increase in
the costn participation agreement with Urban Associates-
Three.
8. Ordinance to establish a sewer capital project for Princess
Anne Road to Mr. Larnell Smith and transfer funds of
$110,000 for the utilities extension.
9. Ordinance to authorize a temporary encroacbment portions of
the rights-of-way of Broad Meadows Boulevard and Club Head
Road to R.G. Moore Building Corp., its heirs, assigns and
successors in title.
10. Ordinance authorizing tax refunds in the amount of
$1,000.33.
11. Ordinance authorizing license refunds in the amount of
$1,651.01.
o. UNFINISHED BUSINESS
P. NFW BUSINESS
1. Resolution supporting the AARP proposal to the FCC for
reduced telephone rates for @income consumers.
2. Open Burning Task Force Report
3. Contract Administrative/Legislative Oversight for Municipal
Grants-l@Aid: Presentation by Hector A. Rivera
Q. ADJOURNMFNT
7
Item II-G.1
MINUTES ITEM # 24608
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the Minutes of November 25, 1985, as CORRECTED.
ITEM # 24572 - PUBLIC HEARING - PAGE 9 -
APPOINTMENTS TO THE VIRGINIA BEACH SCHOOL BOARD:
The name "Janice Barber" was
twice mispelled as "Janice Barbara".
ITEM # 24598 - UNFINISHED BUSINESS - Page 37 -
DELETION of BENDIX ROAD from the list of PROPOSED
SITES of the VIRGINIA BEACH TRANSFER STATION.
The Vote was INCORRECTLY listed as 8-0; however
the three NAY VOTES were accurately reported.
The Item should correctly read: "Voting: 8-3".
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech and Louis R. Jones
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
ATLANTIC AVENUE REVITALIZATION PROJECT
November 25, 1985
4:30 P.M.
The PR@ENTATION of the ATLANTIC AVENUE REVITALIZATION was called to order
by Mayor Harold Heischober in the Conference Room, City Hall Building,
November 25, 1985, at 4:30 p.m.
The City Manager intoduced C. Oral Lambert, Director of Public Works, who
in turn introduced John Robertson, Engineer with Mickiewicz-Robertson &
Associates, Ltd. who introduced the DESIGN TEAM; Bruce Menne, Assistant
Project Manager; Peter Sucher, Traffic Engineeer; Howard Needles, Tammen,
and Bergendoff; and, Harold Breen, Principal of Zion Breen Landscape
Architects.
Mr. Robertson reiterated the purpose of this PRESENTATION is to provide the
City of Virginia Beach with guidance and supoortive data in determining the
feasibility, cost and scheduling for the project to REVITALIZE ATLANTIC
AVENUE.
The Objective of this Study is to transform Atlantic Avenue into a "people
place", to entice the people to enjoy the Resort as a pedestrian rather
than from their automobile.
The major components of this transformation:
(1) Reduce the vehicular and increase pedestrian traffic.
The Study area included Rudee Inlet through 40th Street and encompassed
Atlantic Avenue. The second crossing of the Rudee Bridge was also
investigated.
Mr. Robertson advised a Traffic Circulation Flow traversing Atlantic Avenue
in a one-way direction from Rudee down to 40th Street and with the addition
of a second crossing of Rudee Bridge which will cause the northbound
Pacific Avenue Traffic to come down onto Pacific Avenue and will thus
require a slight widening of Pacific Avenue for approximately 10 blocks.
For Southbound Pacif ic Avenue wishing to proceed into the Atlantic Avenue
Circulation, there will be a ramp going underneath the new "proposed"
bridge.
Peter Sucher, Traffic Engineer, outlined the recommended ALTERNATIVE:
One-way system on Atlantic Avenue north to 31st
Street. A Two-way system north of 31st Street on
Atlantic Avenue and a Two-way system on Pacific
Avenue.
B R I E F I N G
(Continued)
The Virginia Beach Oceanfront is expected to grow over the long term
resulting in major hotel and residential population increases. Presently
there are approximately 7,500 hotel rooms along the Virginia Beach
Waterfront with approximatley 800 additional rooms now under construction.
Traffic Level of Service analyses were performed for serveral major
intersections along Atlantic Avenue for 1995 and the Buildout year.
Harold Breen, Landscape Architect, presented the Landscape Concepts in
conjunction with the Traffic Engineeer's comments.
If Atlantic Avenue is to regain its status as a PEOPLE PLACE, automobile
traffic must be curtailed and the roadway width greatly reduced in order to
provide attractive pedestrian areas.
The following areas were outlined by Mr. Breen encompassing LANDSCAPE
TRU@:
a. Sidewalks
b. Intersections
C. Street Furnishings
d. Pedestrian Lighting
e. Parking
f. Planting
John Robertson further reiterated a major item of the Atlantic Avenue
Revitalization project centers around the placement of power and telephone
poles into an underground system.
Water and Sewer Systems need to be upgraded.
The following recommendations were presented:
(1) The City of Viriginia Beach should incorporate an ordinance which
would control store signage and make it more uniform along
Atlantic Avenue.
(2) A change in the zoning, which would prohibit new buildings from
having access to the side streets east of Atlantic Avenue should
be considered.
(3) It is highly recommended that the City Change to the one-way
traffic system as early as October 1985.
(4) Consideration should be given to reimbursing Virginia power for
studying alternatives for placing their facilities underground.
(5) The City should review possible locations for parking in the
resort area and prevent these from being developed where
possible.
(6) Construction plans for the entire project should be designed and
kept updated in order to allow private as well as public
construction to take place.
(7) Prelininary plans for the second crossing of Rudee Inlet should
begin immediately.
Brochure entitled "ATLANTIC AVENUE REVITALIZATION PROJECT" is hereby made a
part of the record.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 25, 1985
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, November 25, 1985, at 5:30 p.m-
Council Members Present:
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 Absent:
Louis R. Jones
Councilman Louis Jones entered the EXECUTIVE SESSION at 5:35 P.M.
- 2 -
ITEM # 24565
MaYor Heischrber 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 mattters within the
jurisdiction of the public body.
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council voted to proceed into the EXECUTIVE SESSION.
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
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 25, 1985
7:15 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,
November 25, 1985, at 7:15 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 Roy R. Jackson
United Methodist Conference
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
November 25 1
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24566
Councilman Jennings referenced an Ordinance, upon SECOND READING, as
MDIFIED, to adopt the FY 1985-86 - 1989-90 Capital Improvement Program and
to appropriate $61,405,910 for the FY 1985-86 Capital Budget, subject to
funds being provided from various sources set forth therein. This item will
be pulled for discussion.
Vice Mayor McClanan advised she wished to discuss Project 12-039 DAM NECK
ROAD - PHASE I and London Bridge Road. (See Item II-N.1 of the Consent
Agenda).
Item II-D.2
CONSENT AGENDA ITEM # 24567
Counciwoman Creech advsied she will VEPBALLY ABSTAIN on an Ordinance to
authorize a temporary encroachment for portions of the rights-of-way of
Broad Meadows Boulevard and Club Head Road to R. G. Moore Building
Corporation, its heirs, assigns and successors in title. (See Item II-N.9
of the Consent Agenda).
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
ANNOUNCEMENT ITEM # 24568
Mayor Heischober RECOGNIZED Scout Master Jim Casey and Boy Scout Troop 378
of VIRGINIA BEACH UNITED METHODIST CHURCH in attendance.
November 25, 1985
6
Item II-F.1
MINUTES ITEM # 24569
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Minutes of November 18, 1985.
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
November 25 1985
7
Item II-G.1
PUBLIC HEARING ITEM 24570
Mayor Heischober DECLARED a PUBLIC HEARING on OPEN AIR CAFE REGULATIONS.
The following spoke in support of OPEN AIR CAFE REGULATIONS:
Skip Hendrix, President of the Virginia Beach
Hotel and Motel Association
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
No
- 7a -
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Item II-H.1/2/3.
PUBLIC HEARING ITEM 24571
Mayor Heischober DECLARED a PUBLIC HEARING on CRITER.IA FOR TAX EXEMPT
STATUS:
BETH SHOLOM HOUSING CORPORATION
THE RUSSELL HOUSE
ZION PLACE INC., T/A LUTHER MANOR
The following spoke in favor of Tax Exempt Status:
Pinckney Cooke, Zion Place Inc., t/a Luther
Manor
Mary Ellen Cox, The Russell House
Vann H. Lefcoe, Beth Sholom
Sam Houston, concerned citizen for the Elderly
There being no further speakers, the Mayor CLOSED the PUBLIC REARING.
November 25, 1985
8a
PUBLIC NOTICE
The Virginia Beach City Council, at its Regular Session,
7:00 PM, November 25, 1985, will hold a PUBLIC HEAR-
ING for consideration of TAX EXEMPT STATUS of:
BETH SHOLOM HOUSING CORPORATION
THE RUSSELL HOUSE, INC.
ZION PLACE, INC. t/a LUTHER MANOR
-Uth irodges ftith-, CmC, City Clerk
9
Item II-I.l.
PUBLIC HEARING ITEM 24572
Mayor Heischober DECLARED a PUBLIC HFARTNG concerning APPOINTMENTS TO
VIRGINIA BEACH SCHOOL BOARD.
The following spoke concerning this issue:
(Their recommendations are in parenthesis)
J. W. Bright (Floyd Taylor)
John Moss (Janice Barber)
Sam Myers (Floyd Taylor)
William Holt (Rae LeSesne)
Howard Salmons (Floyd Taylor)
Robert Tindall (Janice Barbara)
0. W. Richardson (his son, Oscar Richardson)
Helen Shropshire (David Green, Dr. Ulysses
Spiva, Dr.Elaine Witty and Dr. Roy Woods.)
Edward Bankston (Janice Barbara and Rae LeSesne)
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING
9a-
The Vir * *a Beach
gim
City Council
in accordance with 1985 H@
BW No. 1088, Section 22.1-29.1,
Code of V@ @ended,
wffl hold
PUBLIC HEARINGS'
in the Council Chambers:
7:00 PM Monday, November 25, 1985
2:00 PM Monday, December 2, 1985
@@- ,f @ithi,@ th,- ('i,-,,f B-f@ . Appin@nt
w 9 or 16, 1985.
Ru cmc
6ity Clerk
- 10 -
Item II-J.1
PLANNING - REQUEST FOR WAIVER ITEM # 24573
Attorney J. B. Lonergan represented the applicant
The following residents of Michael Court spoke in OPPOSITION:
Gary S. Crawford
Hunter Nye
Dori Neher
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DEFERRED for two weeks until the City Council Meeting of December
9, 1985, the WAIVER of a Condition imposed upon the application of VIRGINIA
BEACH FED@ SAVINGS & LOAN ASSOCIATION for a Change of Zoning from R-4
Residential District to 0-1 Office District on a 3.6 acre parcel located on
the west side of First Colonial Road north of Wolfsnare Road (Lynnhaven
Borough). This Application was APPROVED by City Council on March 17, 1980.
The Condition to be WAIVED:
1. A 100-foot buffer along the western property line where existing
trees are to be maintained.
This item is DEFERRED to allow the applicant the opportunity to confer with
the adjacent property owners and discuss the recommendations contained in
the Memorandum of Director of Planning, Robert J. Scott, dated November 22,
1985. (Said Memorandum is hereby made a part of the proceedings).
Councilman Baum requested information defining the FLOODWAY which now
exists and which previously existed in this particular area. A VERBATIM of
City Council's action concerning the APPROVAL on March 17, 1980, of the
application of VIRGINIA BEACH FEDERAL SAVINGS & LOAN ASSOCIATION for a
Change of Zoning shall be submitted by the City Clerk to City Council, as
per request of Councilwoman Henley.
Notification shall be sent to all adjacent property owners incorporating
the date and time of the DEFERRAL of this 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
10a
L@R-OFFICE CORRESPONDENCE
DATE: 11/22/85
TO: Thomas H. Muehlenbeck DEPARTMENT: Executive
FROM: Robert J. Sco DEPARTMENT: Planning
SUBJECT: Reconsideration of Conditions Virginia Beach Federal Sav
On Monday's City Council agenda, the Council will be reconsidering a condition
placed upon the rezoning of property on First Colonial Road for Virginia Beach
Federal Savings & Loan, originally granted on February 19, 1980. At that time,
the City Council granted the rezoning to 0-1 subject to a number of conditions,
one of which was that a 100-foot buffer be maintained along the western property
line where existing trees are to be preserved. The minutes do not reflect this,
but it is my recollection that this condition was established by the Council
because of the unusual height of the building that was originally discussed on
the property. There was some indication in 1980 that the building would be six
to seven stories high or higher. I believe that this 100-foot buffer was related
to that expectation. The plan submitted by the current proposed developer, which
is included in the packet, has not been reviewed except in a cursory manner by
city staff but we can indicate that it shows a two-story office building with
approximately 230 parking spaces. About 60 of those spaces, or about 25%, are
within the 100-foot buffer. The choices available are as follows:
a. To waive the condition as requested;
b. To leave the condition as originally established in 1980, which will require
that the size of the building be reduced by about 25%;
c. Reduce the size of the buffer to 55 feet (30 foot drainage easement plus 25
additional feet). This will require removal of about 30 parking spaces that
are now proposed for that area and the reduction of the building size of some-
where between 10 to 15 percent.
If coupled with additional restrictions that (1) no building be constructed within
approximately 150 feet of the western property line, and (2) that a 35-to 40-foot
height limit be placed upon the building, then those three conditions together
(the one modified condition and the two new conditions) will accomplish a proper
separation betwee" adjacent residential areas and the proposed building, both
visually and in terms of distance. Further, the role of the trees to be maintained
within the 25-foot strip will be to hide automobiles in the parking lot, not
a building. The size of the buffer suggested above ought to be sufficient to
accomplish this easier task.
RJS/vz
- 10b -
PUBLICNOTICE
The Virsim's amb @--,
at !t$ S"Sion 7-00 PM
it CON-
SIDER A WAIVER imPOscd
upon a condition in the change Of
zoning granted VIRGINIA
BEACH FEDERAL SAVINGS
AND LOAN ASSOCIATTON
March 17,19M.
Ruth Hodges Smith, CMC
City Clerk
215-22t 11-20VB
November 25, 1985
Item II-K.1
PLANNING ITGEM 24574
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance
upon application of W. K. MYERS:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for W. K. Myers. Property
is located at the northeast corner of Atlantic
Avenue and 51st Street. 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
- 12 -
Item II-K.2
PLANNING ITEM # 24575
Attorney Gerry Porterfield, Landscape Architect with Talbot and Associates,
represented the applicant
Richard Galliford, resident of Spigel Drive spoke in OPPOSITION (Item
19219, 12/13/82)
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance
upon application of RUEBEN F. TRANT, JR., AND DR. JOHN HILL TRANT:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Reuben F. Trant, Jr.,
and Dr. John Hill Trant. Parcel located at 1240
and 1242 North Inlyunview Road. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., 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:
Nancy A. Creech and Louis R. Jones
- 13 -
Item II-K.3
PLANNING ITEM # 24576
Robert M. Flanagan, the applicant, represented himself.
Upon motion by Councilman Jennings, seconded by Vice Mayor McClanan, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance
upon application of ROBERT M. FLANAGAN:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Robert M. Flanagan.
Property is located on the south side of Old
Virginia Beach Road, 150 feet east of Ocean
Boulevard. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Robert G. Jones and Meyera E.
Oberndorf
Council Members Absent:
None
- 14 -
Item II-K.4
PLANNING ITEM # 24577
Attorney Grover Wright represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of WILLIAM J. PAGE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAM J. PAGE FOR
A CONDITIONAL USE PERMIT R01185796
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of William J. Page for
a Conditional Use Permit for motor vehicle sales
and rental on certain property located at the
northeast corner of Holland Road and Diana Lee
Drive. Said parcel is located at 3500 Holland
Road and contains 4.2 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Buffering will be required along property lines adjacent to the
Apartment District in accordance with requirements of the
Comprehensive Zoning Ordinance.
2. The lighting shall be directed away from the adjacent apartments.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beacb, Virginia, on the
Twenty-fifth day of November, Nineteen Hundred and Eighty-five.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Abstaining:
Mayor Harold Heischober
Council Members Absent:
None
November 25, 1985
- 15 -
Item II-K.5
PLANNING ITEM # 24578
Reverend Isais Samson, Minister of the Iglesia Ni Christo Church,
represented the applicant
Reverend Thomas Jennings represented the United Civic League and residents
of Newlight and referenced a recreational field in the community directly
across from the proposed church property.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of IGLESIA NI CHRISTO CHURCH
OF CHRIST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF IGLESIA NI CHRISTO
CHURCH OF CHRIST FOR A CONDITIONAL USE PEPIMIT
R01185797
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Iglesia Ni Christo
Church of Christ for a Conditioual Use Permit for
a church on certain property located on the east
side of Thompkins Lane, 1584 feet more or less
north of Indian River Road. Said parcel contains
3.042 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Council expressed concern that the church will cooperate to ensure no loss
of reacreational area for the adjacent neighborhood; peace and quiet will
prevail; no application will be made in behalf of the church for a change
of zoning on this property; and duplex housing will not be requested.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fifth day of November, Nineteen Hundred and Eighty-five.
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
- 16 -
Item II-K.6
PLANNING ITGEM # 24579
Tom Johnson represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of THE BREEDEN COMPANY, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE BREEDEN
COMPANY, INC., FOR A CONDITIONAL USE PERMIT FOR A
RECRATIONAL FACILITY OF AN OUTDOOR NATURE
(SWIMMING POOL FOR HEALTH SPA) R01185798
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of The Breeden Co.,
Inc. for a Conditional Use Permit for a
recreational facility of an outdoor nature
(swimming pool for Health Spa) on the south side
of Northwood Drive, 220 feet more or less west of
Holland Road on Parcel 2-A, Auburn Place
Apartments. Said parcel contains 4.989 acres.
Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOORUGH.
The folowing condition shall be required:
1. This Conditional Use Permit shall be applicable for the apartment
residents and members of the health spa only.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of virignia Beach, Virginia, on the
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.
1 7
Item 11-K.7
PLANNING ITEM 24580
Attorney Robert Cromwell represented tbe applicant.
Timotby Barrow also represented the applicant in the capacity of Land
Planner. Pbotographs of surrounding properties were presented to City
Council along witb a depiction of tbe six individual buildings to be
constructed.
Attorney Grover Wrigbt represented tbe Linkhorn Park Civic League and spoke
in OPPOSITION.
A MOTION was made by Councilman Fentress, seconded by Councilman Jennings
to ADOPT Ordinances upon application of NATIONAL BEACH CORPORATION for a
Cbange of Zoning from R-1 Residential District to A-4 Apartment District on
a 1.886 acre parcel located on tbe north side of Pinewood Road, west of
Holly Road; AND, a Change of Zoning from R-3 Residential District to A-4
Apartment District on a 2.44 acre parcel located at the northwest corner of
Pinewood Road and Holly Road (Virginia Beach Borough).
Councilman Fentress stipulated the following conditions:
1. Deletion of the northern most building, this being the Number One
Building in the Project, which would reduce the total of the
units to 55 and the density to 12.7 units per acre. This change
will increase the distance between the proposed buildings and the
nearest single family home in Linkhorn Park to over 265 feet.
2. A detailed tree preservation plan and landscaping plan shall be
submitted to and approved by the City Landscape Division. This
approval would further require that trees unavoidably removed be
replaced on a one-for-one basis either on site or within a
four-block radius of the property.
3. Architectural plans shall be submitted to and approved by a
special Architectural Review Panel named by the President of the
Local American Institute of Architects. This review is to be
required in addition to standard building permit and site plan
reviews by the staff.
4. Applicant shall legally consent to build units as presented and
the site features illustrated on tbe preliminary site plans shall
be incorporated in final engineering plans.
5. The units shall be sold as co-ops rather than as condo units and
the legal documents creating the co-ops be submitted to and
approved by the City Attorney's Office.
6. All of these requirements shall be compatible with adjacent
residential areas.
Voting: 5-6
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober and H. Jack Jennings, Jr.
Council Members Voting Nay:
Barbara M. Henley, 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:
- 18 -
Item II-K.7
PLANNING ITEM # 24580 (Continued)
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council DENIED Ordinances upon application of NATIONAL BEACH CORPORATION
for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION FOR A CHANGE OF ZONING FROM R-1 TO
A-4
Ordinance upon application of National Beach
Corp., for a Change of Zoning District
Classification from R-1 Residential District to
A-4 Apartment District on certain property
located on the north side of Pinewood Road, 270
feet west of Holly Road on Site 84, Linkhorn
Park. Said parcel contains 1.886 acres. Plats
with more detailed information are available in
the Department of Planning. VIRGINIA BEACH
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-3 TO A-4
Ordinance upon application of National Beach
Corporation for a Change of Zoning District
Classification from R-3 Residential District to
A-4 Apartment District on certain property
located at the northwest corner of Pinewood Road
and Holly Road on Sites 82 and 83, Linkhorn Park.
Said parcels contain 2.44 acres. Plats with more
detailed information are available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Barbara M. Henley, 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:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober and H.
Jack Jennings, Jr.
Council Members Absent:
None
- 19 -
Item II-L-1.
RESOLUTIONS ITEM # 24581
Upon motion by Councihnan Jennings, seconded by Councihnan Baum, City Council
ADOPTED, AS AMENDED:
Resolution supporting legislation which will designate
property owned by The Russell House, Inc., as being
exempt from past, present and future state nd local
taxation.
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, J. Henry McCoy, Jr., D.D.S- and Meyera E.
Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
The words, "past, present ad future- shall be inserted in the Resolution on
page 2, Line 2, after the word "from" and before the words " state and local
taxation".
"Resolution supporting legislation which will designate
property owned by The Russell House, Inc., as being
exempt from past, present and future state and local
taxation."
Criteria for establishing -Tax-Exempt Status" will be compiled by the Staff
and will incorporate Section 202 of the Federal Housing Act, Adopted 1959;
and, at least ninety percent (90%) of the individ,al, li,ing at home would
qualify for 100% exemption if their residence were their own home under the
City's Tax Exemption for the Elderly program.
A RESOLUTION SUPPORTING LEGISLATION WHICH
0 WILL DESIGNATE PROPERTY OWNED BY THE
RUSSELL HOUSE, INC. AS BEING EXEMPT FROM
STATE AND LOCAL TAXATION
WHEREAS, property located in the City of Virginia Beach
and owned by The Russell House, Inc. is currently subject to ad
valorem taxation; and
WHEREAS, The Russell House, Inc. has requested the
Council of the City of Virginia Beach to adopt a resolution in
support of its request that the General Assembly act in
accordance with Article X, S 6(a)(6) of the Constitution of
Virginia to designate the property of The Russell House, Inc. as
being exempt from state and local taxation; and
WHEREAS, pursuant to S 30-19.04 of the Code of Virginia
the Council of the City of Virginia Beach has held a public
hearing prior to the adoption of this Resolution and has given
all citizens an opportunity to be heard; and
WHEREAS, the Council of the City of Virginia Beach has
examined and considered the provisions of subsection (b) of
S 30-19.4 of the Code of Virginia; and
WHEREAS, the Council of the City of Virginia Beach is
of the opinion that The Russell House, Inc. should be designated
as a charitable and benevolent corporation within the context of
S 6(a)(6) of Article X of the Constitution of Virginia, and that
property located in the City of Virginia Beach owned by The
Russell House, Inc. and used by it exclusively for charitable and
benevolent purposes on a nonprofit basis should be exempt from
state and local taxation.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council of the City of Virginia Beach supports
the enactment of legislation involving the designation of
property located in the City of Virginia Beach and owned by The
Russell House, Inc. as being exempt from past, present, and
future state and local taxation.
Adopted by a majority of the Council of the City of
Virginia Beach on the 25- day of NQvember -, 1985.
GLF/rab
11/8/85
11/26/8 5
(RES. 5)
- 20 -
Item II-L-2.
RESOLUTIONS ITEM # 24582
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED, AS AMENDED.
Resolution supporting legislation which will designate
property owned by Beth Sholom Housing Corporation as
being exempt from past, present and future state and
local taxation.
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, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
The words, "past, present and future" shall be inserted in the Resolution on
page 2, Line 2, after the word "from" and before the words "state and local
taxation".
"Resolution supporting legislation which will designate
property owned by Beth Sholom Housing Corporation, as
being exempt from past, present and future state and
local taxation."
Criteria for establishing "Tax-Exempt Status" will be compiled by the Staff
and will incorporate Section 202 of the Federal Housing Act, Adopted 1959;
and, at least ninety percent (90%) of the individuals living at home would
qualify for 100% exemption if their residence were their own home under the
City's Tax Exemption for the Elderly program.
F-
z
A RESOLUTION SUPPORTING LEGISLATION WHICH
WILL DESIGNATE PROPERTY OWNED BY BETH
SHOLOM HOUSING CORPORATION AS BEING
EXEMPT FROM STATE AND LOCAL TAXATION
N@WHEREAS, property located in the City of Virginia Beach
and owned by Beth Sholom Housing Corporation is currently subject
to ad valorem taxation; and
WHEREAS, Beth Sholom Housing Corporation has requested
the Council of the City of Virginia Beach to adopt a resolution
in support of its request that the General Assembly act in
accordance with Article X, S 6(a)(6) of the Constitution of
Virginia to designate the property of Beth Sholom Housing
Corporation as being exempt from state and local taxation; and
WHEREAS, pursuant to S 30-19.04 of the Code of Virginia
the Council of the City of Virginia Beach has held a public
hearing prior to the adoption of this Resolution and has given
all citizens an opportunity to be heard; and
WHEREAS, the Council of the City of Virginia Beach has
examined and considered the provisions of subsection (b) of
30-19.4 of the Code of Virginia; and
WHEREAS, the Council of the City of Virginia Beach is
of the opinion that Beth Sholom Housing Corporation should be
designated as a charitable and benevolent coporation within the
context of SS 6(a)(6) of Article X of the Constitution of
Virginia, and that property located in the City of Virginia Beach
owned by Beth Sholom Housing Corporation and used by it
exclusively for charitable and benevolent purposes on a nonprofit
basis should be exempt from state and local taxation.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council of the City of Virginia Beach supports
the enactment of legislation involving the designation of
property located in the City of Virginia Beach and owned by Beth
Sholom Housing Corporation as being exempt from past present,
and future state and local taxation.
Adopted by a majority of the Council of the City of
Virginia Beach on the 25 day of Novembet 198 5.
GLF/rab
11/8/8 5
11/26/8 5
(RES. 5)
-2-
- 21 -
Item II-L-3.
RESOLUTIONS ITEM # 24583
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED, AS A14ENDED:
Resolution supporting legislation which will designate
property owned by Zion Place, Inc., t/a Luther Manor as
being exempt from past, present and future state and
local taxation.
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, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
The words, "past, present and future" shall be inserted in the Resolution on
page 2, Line 2, after the word "from" and before the words "state and 1,,al
taxation".
"Resolution supporting legislation which will designate
property owned by Zion Place, Inc., t/a Luther manor,
as being exempt from past, present and future state and
local taxation."
Criteria for establishing "Tax-Exempt Status" will be compiled by the Staff
and will incorporate Section 202 of the Federal Housing Act, Adopted 1959;
and, at least ninety percent (90%) of the individuals living at home would
qualify for 100% exemption if their residence were their own home under the
City's Tax Exemption for the Elderly program.
0 A RESOLUTION SUPPORTING LEGISLATION WHICH
:.z WILL DESIGNATE PROPERTY OWNED BY ZION
-0 PLACE, INC. T/A LUTHER MANOR AS BEING
EXEMPT FROM STATE AND LOCAL TAXATION
WHEREAS, property located in the City of Virginia Beach
by Zion Place, Inc. t/a Luther Manor is currently
subject to ad valorem taxation; and
WHEREAS, Zion Place, Inc. t/a Luther Manor has
requested the Council of the City of Virginia Beach to adopt a
resolution in support of its request that the General Assembly
act in accordance with Article X, S 6(a)(6) of the Constitution
of Virginia to designate the property of Zion Place, Inc. t/a
Luther Manor as being exempt from state and local taxation; and
WHEREAS, pursuant to S 30-19.04 of the Code of Virginia
the Council of the City of Virginia Beach has held a public
hearing prior to the adoption of this Resolution and has given
all citizens an opportunity to be heard; and
WHEREAS, the Council of the City of Virginia Beach has
examined and considered the provisions of subsection (b) of
30-19.4 of the Code of Virginia; and
WHEREAS, the Council of the City of Virginia Beach is
of the opinion that Zion Place, Inc. t/a Luther manor should be
designated as a charitable and benevolent corporation within the
context of S 6(a)(6) of Article X of the Constitution of
Virginia, and that property located in the City of Virginia Beach
owned by Zion Place, Inc. t/a Luther Manor and used by it
exclusively for charitable and benevolent purposes on a nonprofit
basis should be exempt from state and local taxation.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council of the City of Virginia Beach supports
the enactment of legislation involving the designation of
property located in the City of Virginia Beach and owned by Zion
Place, Inc. t/a Luther Manor as being exempt from past, present,
and future state and local taxation.
Adopted by a majority of the Council of the City of
Virginia Beach on the 25 day of November 1985.
GLF/rab
11/8/85
11/26/8 5
(RES. 5)
-2-
- 22 -
Item II-L-4.
RESOLUTION ITGEM # 24584
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City
Council ADOPTED, AS AMENDED:
Resolution authorizing the City Manager to promulgate
Open Air Cafe Regulations; authorizing the City
Attorney to develop a franchise agreement to be used by
City Council to authorize such cafes; and, allow
applications for same.
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
AMENDMENTS:
Page 1, Section 2: DEFINITIONS: On Line 4 after the words "waiter and
waitress" and before the word "service", insert: "full table"
An open air cafe ... off street parking requirements .... public
property, and provides waiter and waitress full table service
in a specific semi-enclosed space...
Page 2, Section 6.b: delete the "A", following the colon,
insert "An attractive"
Perimeter Fence: An attractive perimeter fence...
Page 4, Section 7.e: Delete "is not" after the word "planting"
and insert "may be". After the word "required", insert "by
City Staff".
Additional planting may be required by City Staff for resort
open air stub street park cafes.
Page 4, Section 7f, Line 3: After the words "determined by",
insert "the City Staff with input from".
... Orienation of that opening will be determined by the City
Staff with input from the Resort Area Advisory Commission
Staff ...
November 25, 1985
- 22a -
R E S 0 L U T I 0 N
WHEREAS, The City Manager has sent to the City Council
the proposed regulations for the open air cafes at the oceanfront.
These regulations were drafted by the staff of the Resort Area
Advisory COMMi3Sion (RAAC) with input from a subcommittee of RAAC
COMMiS3ioners; and
WHEREAS, the draft was reviewed by the variOU3 city agencies
and their comments and suggestions were incorporated therein. The
Resort Area Advisory Commission reviewed this final draft and approved
it at their meeting on Thursday, September 19, 1985; and
WHEREAS, These regulations would allow City Council to
authorize open air cafes along the boardwalk and the stub street
parks, and are designed to implement the proposal made by the Urban
Land In3titute when it 3uggested that the City "Introduce the
opportunity for a number of cafe terrace3 or porches to be on land
leased from the City, adjacent to existing hotel3 and restaurants.
Tight de3ign control, carefully integrating the3e a6tivities will be
required"; and
WHEREAS, The RAAC agreed, and the Open Air Cafe Regulations
contain tight design and operational control features to en3ure the
public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH THAT:
It authorizes the City Manager to promulgate the Open Air Cafe
Regulation3 and to institute the administrative procedure3 contained
therein; and
It authoriZe3 the City Attorney to develop a franchi3e agreement to be
used by the Council to authorize such cafes as the Council may deem to
be in the public interest; and
It re3OlVeS that it will consider requests to operate open air cafes
that are in accordance with the regulations 30 promulgated.
- 22b -
PEWSED NC)VEMBER 25, 1985
OPEN AIR CAFE REGULATIONS/FRANCHISE AGREEMENT
1. GENERAL PURPOSES
Tne open air cafe regulations as established in this Resolution
are for tlie portions of H-2 dnd B-5 zoning districts located in
the resort area and adjacent to the boardwalk or 3tub strelt parks.
The regulatlons are designed to encourage open air cafes where they
are, appropriate and promote and protect public health, safety,
general welfare, ind dmenity. These general goals include among
others the following specific purposes:
a. To promote open air cafes as Vi3ual amenities which better
relate to boardwalk and/or stub street parks landscape.
b. To preserve and enhance the character of the Resort Center.
c. To ensure adequ@-ite space for pedestrians and bicyclists
adjacent to open air cafes.
d. To establish administrative and strengthen enforcement
procedures for open aiP cafes that are effective, efficient,
and enforceable.
e. To promote the most desirable U3e of land and thus conserve
the value of land and buildings.
2. DEFINITIONS
An open air cafe is a portion of a directly adjoining existing
restaurant facility in the H-2 or B-5 Zoning District which is
exempt from additional off street parking requirements, is located
on public property, and provide3 waiter and waitress full table
service in a specific semi-enclO3ed space a3 described herein. No
portion of an open air cafe shall be used for any purpose other than
dining or circulation.
a. Resort Open Air/Boardwalk Cafe. A resort open air/boardwalk
cafe is located on public property facing the
boardwalk in the H-2 and B-5 zoning districts. An open
air/boardwalk cafe is required to have a canopy as
defined herein. In addition, a floor surface will have to
be constructed as defined below.
b. Resort Open Air Stub Street Park Cafe. A re3ort open air
stub street park cafe is to be located on public property in
a stub street park in H-2 or B-5 zoning di3tricts. Canopies
are not required and the floor surface is to be the park
paving.
3. GENERAL PROVISIONS
In order to create a resort open air cafe, the granting of a
OPEN AIR CAFE REGULATIONS/FRANCHISE AGREEMENT 2
franchise will be required if it is to be located on public property.
Application will be made to the Office of the City Manager or his
designated representative and shall be in compliance with applicable
policies in addition to those specifically stated herein. These
requests will be reviewed by the Office of the City Manager or his
designated representative with input from the staff of the Resort
Area Advisory Commission, and will be acted upon by the Council of
the City of Virginia Beach.
The regulations herein are intended to establish the necessary
criteria with which the resort open air cafes MU3t first comply in
order to be eligible for consideration for such a franchise
agreement.
Approval of the City of Virginia Beach Health Department and (when
applicable) the State of Virginia Alcoholic Beverage Control Board is
required for operation of these facilities.
4. RESORT OPEN AIR CAFE LOCATION CRITERIA
There shall be a minimum 3etback requirement of ten (10) feet from
the western edge of the concrete bicycle path or the western curb of
the boardwalk if the separate coricrete bicycle path does not exi3t
and a ten (10) foot setback from adjacent public and/or private
property lines for resort open air/boardwalk cafes.
There shall be a minimum setback of ten (10) feet from the Atlantic
Right-of-Way for all stub street park cafe3.
Resort open air/boardwalk and stub street park cafes 3hall extend a
maximum of twenty (20) feet into the public right-of-way.
5. CLEAR PATH
'Friere shall be a minimum of ten (10) feet clear distance free from
obstruction3. The minimum di3tance shall be measured from the
portion of the sidewalk cafe frontage which is nearest the
obstruction.
6. PHYSICAL CRITERIA FOR RESORT OPEN AIR/BOARDWALK CAFES
a. Floor: Floor shall be a 3MOoth clean permanent surface a3
required by the City of Virginia Beach Health Department.
b. Perimeter Fence: An attractive perimeter fence 3hall be
required in all resort open air/boardwalk cafes with a
minimum of thirty (30) inche3 in height. Entrance to the
cafe is provided by an opening in the fence; gate3 are not
permitted.
c. Cafe Boundary: No portion of resort open air/boardwalk
OPEN AIR CAFE REGULATIONS/ENCORACHMENT AGREEMENT 3
cafes shall swing or project beyond the designated
perimeters of the resort open air cafe.
d. Fixtures: The furnishings of the interior of a resort open
air cafe shall consist solely of moveable tables and chairs
and decorative accessories. No objects except lighting may
be permanently affixed to canoPY 3upports. In no event
shall such objects penetrate the exterior perimeter boundary
or the canopy or impede transparency as required in these
regulations.
e. Signs: NO 3igns are permitted on resort open
air/boardwalk cafes except that the name of the establishment
may appear painted or sewn on the valence of the canopy in
one location.
f. Refuse Storage: No storage of refuse may be placed on public
property.
g. Unnecessary Noi3e: Sound reproduction or live entertainment
of any kind for whatever purPOSe 3hall be prohibited within
resort open air cafes.
h. Canopy: All resort open air/boardwalk cafes shall have a
canopy constructed of fire resistent vinyl fabric or canvas
as approved by Virginia Beach Building Department.
The canopy shall only cover the top of the resort open
air/boardwalk cafes except that tran3parent vinyl or
plastic a3 approved by the building inspector may be used a3
windbreaker.
The canopy support 3ystem shall be con3tructed of metal pipe
only.
At no point shall the height of the canopy be lower than
eight (8) feet, no (0) inches above the floor of the resort
open air/boardwalk cafe.
The valence of the awning shall not exceed twelve (12)
inches in width.
i. Planting: Planting shall be provicied and maintained by the
licensee around the perimeter of the resort open
air/boardwalk cafe. Width of planting beds to be a minimum of
five (5) feet. The staff shall promuigate a list of
acceptable plant material and shall review and approve the
applicants landscape plan.
j. Access: Only one well-defined entrance opening connected to
an existing or new walkway system which connects to the
boardwalk.
OPEN AIR CAFE REGULATIONS/FRANCHISE AGREEMENT 4
k. Size; The overall size of the resort open air/boardwalk
cafe is not to exceed 800 gross square feet per restaurant.
1. Maintenance: Cleanup and necessary maintenance of
the area of a resort open air/boardwalk cafe (including
landscaped areas) is the sole responsibility of the
designated franchise operator.
All movable objects required for operation of an open
air/boardwalk cafe shall be removed from the cafe area and
stored out of view during the Off 3eason or when the cafe
is not in operation for more than a 24 hour period. These
objects include table3, chairs, decorative fixtures, and
canopie3.
m. Lighting; Only incandescent lighting and candles are
permitted on the interior of the resort open air/boardwalk
cafe.
7. PHYSICAL CRITERIA FOR RESORT OPEN AIR STUB STREET PARK CAFES
All of the above regulation3 apply to resort open air stub street
park cafe3 except ds noted below:
a. Floor: The specifically paved park surface may be used for
the placement of removable chair3 and tables.
b. Fence: A fence perimeter enclosure shall be required in the
form of self-3upporting planters, railings, and/or fence3.
c. Canopy: Canopies as defined for boardwalk cafes are
permitted but not required. Umbrellas are permitted if not
permanently fixed to public property.
d. Floor Surface Treatment: Paint, grass, artificial turf,
carpet, platforms, or any other surface cover treatment of
any kind, shall not be permitted to be placed upon the area
designated as a resort open air stub 3treet park cafe.
e. Planting: Additional planting may be required by City Staff
for resort open air stub street park cafes.
f. Access- One well defined opening to a resort open air stub
street park cafe is required. Orientation of that opening
will be determined by the City Staff with input from the
Resort Area Advisory Commission Staff according to pedestrian
safety and the ae3thetic requirements of each location.
8. ADMINISTRATION AND ENFORCEMENT
a. Requirements for application:
OPEN AIR CAFE REGULATIONS/FRANCHISE AGREEMENT 5
1. Applications for a franchise for the operation of an
open air cafe shall be made to the Office of the City
Manager or his designated representative. A fee of one
hundred dollars ($100.00) shall be paid to the City for
the processing of an application for a franchise. The
City Manager or hi3 designated representative shall not
accept any application unles3 such fee be paid at the
time the application is filed. The City Manager or
his designated representative, is hereby authorized and
directed to prepare and adopt a procedure for the
processing of such applications and the reporting to City
Council of ariy detrimental effect which requested
franchise may have on the public health, safety, welfare
and interest.
City Council may deny or grant a franchise subject to
such terms and conditions as City Council may, in its
discretion deem proper. Notwithstanding any other
provision of law, City Council 3hall deny any franchise
request it determines, in its discretion, to be
detrimental to the public health, safety, and welfare
or interest.
b. Additional documents required for application:
1. Thirteen (13) copies of an engineering site development
plan, including a fini3h schedule, a landscape plan, and
elevation drawing3 3howing canopies and their
relationship to the support buildings.
2. Building permit application.
C. Insurance and Fees
1. Applicant will provide liability insurance coverage
for personal injury and property damage a3 required.
2. The Franchi3e fee i3 to be determined on a gross square
foot basis: $1.00 per square foot, per year, payable to
the City of Virginia Beach.
3. A security deposit/bond will be required as determined
by the Public Works Department.
4. The franchise will only be issued to the restaurant
owner/operator.
d. Enforcement
1. The franchi3e period shall be for one year. Based upon
compliance with these regulations and the Council's
OPEN AIR CAOE REGULATIONS/FRANCHISE AGREEMENT 6
de3ire to continue to allow open air cafe3, an extension
of the franchise with or without modifications may be
authorized by the Council for three additional one year
periods.
2. During the period in which the franchise i3 in
effect, the Office of the City Manager or his designated
representative i3 to enforce the prOVi3ions of the
franchise agreement, and i3 authorized to suspend the
agreement if there is a violation of the agreement.
- 23 -
Item 11-M. I
RESOLUTIONS ITEM # 24585
INDUSTRIAL DEVELOPMENT REVENUE BONDS
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED the following Resolution approving the issuance of Industrial
Development Revenue Bonds to:
Ayers & Associates - $1,000,000
Voting: 10-1
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. and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
Mrs. Creech disclosed she had no conflict of interest as Ayers & Associates
is not the same firm as Ayers Insulating
November 25, 1985
4/2 5/8 4
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Ayers & Associates Project
2. LOCATION: 4464 South Boulevard
Virginia Beach, Virginia 23452
3. DESCRIPTION OF PROJECT: 10,000 Square Foot Commercial
Office Buildinq
4. AMOUNT OF BOND ISSUE: $1,000,000
5. PRINCIPALS: Georqe L. Ayers
Scott P. Ayers
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoning proposed? Yes x No
C. If so, to what zoning
classification?
*Note: Project will be leased to Realty Consultants of Virginia,
Ltd., to be used as its consolidated headquarters building.
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: AYERS & ASSOCIATES PROJECT
TYPE OF FACILITY: 10,000 SQUARE FOOT COMMERCIAL OFFICE BUILDING
FACILITY
1. Maximum amount of financing sought $ i,ooo,ooo.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 1,200,000.00
3. Estimated real property tax per
year using present tax rates $ 9,600.00
4. Estimated personal property tax
per year using present tax rates $ 7,500.00
5. Estimated merchants' capital
(business license) tax per year
using present tax rates $ 16,000.00
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 550,000.00
7. Estimated number of regular
employees on year round basis 120*
8. Average annual salary per employee $ 25,000.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with respect
thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY OF
VIRGINIA BEACH, VIRGINIA
By
Auth(
*Note: Intended tenant of Project, Realty Consultants of
Virginia, Ltd. , currently emplo,yes 80 persons and anti-
cipates hiring 40 additional persons after moving its
consolidated offices into the Project.
aa#l
f i s . c
Economic Impact Statement
1. Amount of investment $ 17 50 0 0
2. Amount of industrial revenue bond financing
sought 1 00 0 0 0
3. Estimated taxable value of the facil4ty's
real property to be constructed in the City
of Virqinia B6ach $1,200,000
4. Estimated real property tax per year using
present tax rate 9,600
S. Estimated personal property tax 7 , 5 0 0
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 40
B. Payroll generated $1,000,000 Av. Wage $ 25,000/annum
C. Number of jobs retainbd 80
D. Payroll retained $ 2 000 000 Av. wage $ 25 000/annum
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.).
Type Value
Advertising/marketing $255,000
office equipment, auto $295,000
TOTAL s550,000
F. Estimated building permit fee and other municipal
fees $ _ 3,500
G. Estimated construction payroll $ 180,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 400,000
I. Estimated number of construction jobs 25
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond financing? Yes No x *
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes X -No
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location map)
44C,4 gnilth gniilevard, Virginia Beach, V' ...
irqinia
11. Explanation of alternative financing that has been
reviewed for project Bond financing will allow applicant to
offer tenant much more attractive lease incentives; viability
of project is enhanced by bond financing.
*Note: Rezoning is pending before the Planning Commission; it is
anticipated that final rezoning, including approval by City Council
will occur prior to October 15, 1985.
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in.all respects.
(ApplicantY
Subscribed and sworn to before me this l@-Aday of
1 9 8-v.
Notary Public
My Commission Expires;
PROJECT NAME: Ayers & Associates
PROJECT ADDRESS: 4464 South Boulevard
Virginia Beach, Virginia 23452
TYPE OF PROJECT: Commercial Office Building
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR AYERS & ASSOCIATES
WHEREAS, the city of Virginia Beach Development
Authority of Virginia Beach, whose address is 770 Lynnhaven
Parkway, Suite 200, Virginia Beach, Virginia (the "Authority")
considered the application of Ayers & Associates, a Virginia
general partnership, whose address is 4480 Holland Office Park,
Virginia Beach, Virginia 23452 (the "Purchaser") for the issuance
o@ the Authority's industrial development revenue bond in an
amount not to exceed $1,000,000.00 to assist in the finan-cing of
the acquisition, construction, equipping and furnishing of an
approximately 10,000 square foot commercial office building facil-
ity (the "Project"), to be located at 4464 South Boulevard in
the City of Virginia Beach, Virginia, owned by the Purchaser, and
leased to Realt Consultants of Virginia, Ltd., a Virginia cor-
y
poration; and
WHEREAS, after proper notice of public hearing as
required by law, the Authority has considered the application of
the Purchaser, held a public hearing thereon on November 12, 1985,
as required by Section 103(k) of the Internal Revenue Code of
1954, as amended, and Section 15.1-1378.1, Code of Virginia,
1950, as amended; and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Authority's industrial development
revenue bond in an amount not to exceed ONE MILLION DOLLARS
($1,000,000.00) (the "Bond") to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia, 1950, as amended, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be agreed
upon and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virginia.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, for the benefit of Ayers & Associates, a
Virginia general partnership, 4480 Holland Office Park, Virginia
Beach, Virginia 23452, to the extent of and as required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bond, as
required by section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bond shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach Development Authority, including its elected represen-
tatives, officers, employees, and agents, shall not be liable and
hereby disclaims all liability for any damages to any person,
direct or consequential, resulting from (1) the Authority's
failure to issue bonds for the Project for any reason, including
but not limited to any decision by the Authority in its sole
discretion to allocate its allowable industrial development bond
volume to allocate its allowable industrial development bond
volume to one or more other projects if the issuance of tax-
exempt bonds by the Authority is restricted by State or Federal
statute now or hereafter enacted; or (2) the Authority's failure
for any reason after the issuance of bonds for the Project to
allocate a portion of its allowable industrial development bond
volume to the Project if the issuance of tax-exempt bonds by the
Authority is restricted by any State or Federal statute now or
hereafter enacted.
2
4 . This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia on November 25 1985.
aa#l
cr.c
- 24 -
Item II-N
CONSENT AGENDA ITEM # 24586
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11.
Item 1 was voted upon seperately.
Counci,lwoman Creech VERBALLY ABSTAINED on Item 9.
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, 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
- 25 -
Item II-N.1
CONSENT AGENDA ITEM # 24587
Rita Zicafoose, spoke on the Kempsville Area Library Expansion Project and
submitted a petition in support of same and requested the FY 87-88 CIP
funds be allocated, as planned, to start this particular expansion project
in January 1988.
Ronald Morrison, spoke in support of a Golf Course at Princess Anne Park.
Georgette Constant- Davis, spoke concerning improvements on South Birdneck
Road. If this is to be funded, same should come from regular funds.
Mayor Heischober referenced the SANDBRIDGE BIKEWAY for initial funding in
the FY 1985-86 CAPITAL IMPROVEMENT PROGRAM. This change would require the
CAPITAL IMPROVEMENT PLAN Ordinance be modified showing the reprogramming of
the $48,556 from Project #2-031 PEMBROKE BIKEWAY to the SANDBRIDGE BIKEWAY.
The SANDBRIDGE BIKEWAY is estimated to cost $208,000.
Councilman McCoy referenced PROJECT #3-910 KEMPSVILLE AREA LIBRARY and
requested same be EXPEDITED. The City Staff advised a recommendation has
been made to move this forward one year for the FY 1989-90 CAPITAL
IMPROVEMENT PROGRAM
Councilwoman Oberndorf also referenced the KEMPSVILLE AREA LIBRARY
EXPANSION and the suggestion of staff that funding could be reprogrammed
from Project 12-823 SALEK CANAL @OVEMENTS.
Councilman Jennings referenced PROJECT #3-944 LITTLE NECK FIRE STATION 120
and staff suggestions to utilize the funds of PRWECT 12-823 SALEM CANAL
@OVEMENTS in the FY 1989-90 CAPITAL IMPROVEMENT PROGRAM.
The City Manager further advised the design criteria of the City's Fire
Stations will be examined. The possibility exists through design standards
that the costs of Fire Stations can be reduced.
Vice Mayor McClanan referenced Project #2-039 DAN NECK ROAD - PHASE I and
requested changing the implication of this funding to allow for the design
of both London Bridge Road and Dam Neck Road. The Design of both projects
could be accomplished at the same time and then the decision could be made
sometime next year.
Staff will return with a recommendation.
The City Manager's Letter of November 25, 1985, with attachments addressing
Council's particular AREAS OF CONCERN is hereby made a part of the record.
Upon motion by Counciman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance, upon SECOND READING, as MODIFIED to
adopt the FY 1985-86 - 1989-90 CAPITAL
IMPROVEMENT PROGRAM and to appropriate
$61,405,910 for the FY 1985-86 CAPITAL BUDGET,
subject to funds being provided from various
sources set forth therein.
No,Rmber 25, 1985
- 26 -
Item II-N.1
CONSENT AGENDA ITEM # 24587 (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
- 26a -
AN ORDINANCE TO ADOPT THE
FY 1985-86/FY 1989-90 CAPITAL
IMPROVEMENT PROGRAM AND TO
APPROPRIATE $61,405,910 FOR
THE FY 1985-86 CAPITAL BUDGET
SUBJECT TO FUNDS BEING PROVIDED
FROM VARIOUS SOURCES SET FORTH HEREIN
WHEREAS, the City Manager, on November 4, 1985, presented to City
Council the Capital Improvement Program for fiscal years 1985-86 through 1989-90,
and
WHEREAS, City Council held two public hearings on the program to pro-
vide for public comment, and
WHEREAS, based on public comment, City Council has determined the need
for the projects in the Capital Improvement Program, and
WHEREAS, it is necessary to appropriate funds for the projects underway
or beginning in the 1985-86 fiscal year as set forth in said Capital Improvement
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1: That the program for the construction of, or addition to
capital facilities identified for fiscal years 1985-86 through 1989-90 is hereby
adopted and that projects listed herein are approved as capital projects.
Section 2: That the projects shall be financed from funds to be
appropriated periodically by City Council, and until funds are so provided, the
projects are for planning purposes only and may be deleted, altered, or resche-
duled in any manner at any time by City Council.
Section 3: That funds in the amounts aggregating $61,405,910 for capi-
tal projects underway or beginning in the 1985-86 fiscal year as set forth in
said Capital Improvement Program are hereby appropriated, subject to the con-
ditions hereafter set forth, as follows:
Capital Project Appropriation
School Projects:
1-968 Roofing Projects $ 1,404,000
1-917 Birdneck Elementary School 3,412,699
1-952 Rosemont Forest Elementary School 3,950,000
1-962 Parkway Elementary School 1,410,000
1-951 Salem High School 485,000
1-955 Salem Elementary School 135,000
1-969 West Kempsville Elementary School II 300,000
-1-
Capital Project Appropriation
School Projects: (concluded)
1-956 Red Mill Farm Elementary School
Site Acquisition $ 250,000
1-954 Center for Effective Learning 6,000,000
1-936 Princess Anne High School
Modernization 7,000,000
Total School Projects $ 24,346,699
Engineering and Highways Projects:
Roadways:
2-010 Bellamy Area Access Bridge $ 24,175
2-021 Rural Road Improvements 250,000
2-029 Independence Boulevard - Route 44
Off-Ramp 1,200,000
2-406 Diamond Springs Road 130,241
2-410 Great Neck Road - Phase II 392,000
2-816 Highway Safety Improvement Project 300,000
2-828 Independence Boulevard Intersection
at Ferrell Parkway 80,000
2-837 Various Cost Participation
Improvements 150,000
2-911 Kempsville Road - Phase II 11,964
2-933 Lynnhaven Parkway - Phase VI 356,646
2-963 Cleveland Street and Dorset Avenue 6,575
2-988 Computerized Traffic Signal System
Expansion 177,640
2-995 Independence Boulevard/Buckner
Boulevard 206,132
2-034 Pavilion Drive - South 237,020
2-036 Master Street and Highway Plan -
Right-of-Way 150,000
2-937 Hilltop Loop (Southwest) 503,452
2-936 Ferrell Parkway - Phase IB 311,541
2-006 Baxter Road Widening 520,410
2-901 Holland Road Phase IV 2,791,383
2-831 Independence Boulevard - Phase III 859,721
2-925 Northampton Boulevard - Phase I 1,375,494
2-836 Haygood Road 494,728
2-039 Dam Neck Road - Phase I 439,640
2-935 Lynnhaven Parkway Phase V 343,485
2-834 Princess Anne Road Kempsville Road
Intersection 104,940
2-989 Rosemont Road - Phase Ill 199,299
2-827 Wayside Bridge 1,575
2-007 Constitution Drive - Phase I 5,000
2-962 Pungo Ferry Road Bridge 171,877
2-919 Shipps Corner Road and Bridge 28,400
2-952 Back Bay Marina Bridge 69,748
2-829 International Parkway Bridge 891,485
2-600 Virginia Beach Boulevard - Phase TI 152,150
2-944 Lake Smith Area Street Improvements 247,984
2-947 Mill Dam Area Street Improvements 360,408
2-979 Burton Station Streets - Phase 1 83,000
2-945 Newsome Farms Area Street
Improvements 200,000
2-980 Seatack Streets - Phase IIA 202,608
Total Roadways $ 14,030,721
Stormwater:
2-001 Indian River Road Box Culvert $ 357,097
2-017 City Stormwater Management Study 254,600
2-020 Various Drainage Improvements 200,000
2-712 Dredging Eastern Branch Lynnhaven
River 1,383,539
-2-
Capital Project Appropriation
Engineering and Highways Projects: (concluded)
Stormwater: (concluded)
2-817 Chesapeake Beach Drainage - Phase I $ 3,899
2-819 Ocean Park Storm Drainage 372,771
2-826 Atlantic Ocean Underwater Obstruc-
tion Removal 50,000
3-933 Landfill #2 - Expansion 1,600,000
3-960 Mt. Trashmore Capping 200,000
2-909 Canal #2 - Phase Ii 425,000
Total Storaiwater $ 4,846,906
Bikeways:
4-924 Little Neck Bikeway $ 240,287
2-047 Sandbridge Bikeway 48,556
Total Bikeways $ 288,843
Resort Area:
Resort Area Improvements $ 4,525,250
Total Engineering and Iiighways
Projects $ 23,691,720
Building Projects:
3-808 Animal Control Building Addition $ 20,000
3-905 Central Library 4,312,641
3-953 Police Weapons Range 255,550
3-958 Correction Center Addition -
Feasibility Study and Preliminary
Plans 400,000
3-963 Judicial Center 100,000
3-964 Circuit Court Renovations 156,000
Total Building Projects $ 5,244,191
Parks and Recreation Projects:
4-801 Virginia Beach Recreation Center
Great Neck s 1,000,000
4-913 Great Neck Park Development 300,000
4-927 Virginia Beach Recreation Center/
Kempsville Air Conditioning 272,300
4-914 Red Wing Golf Course (18-Hole
Addition) 605,000
4-933 Virginia Beach Recreation Center
Bayside 635,000
Total Parks and Recreation Projects $ 2,812,300
Water Utility Projects:
5-304 Small Line Improvements $ 200,000
5-306 Water Request and Agreement Projects 540,000
5-832 Comprehensive Water Study 100,000
5-833 Various Highway Projects 25,000
5-836 Landstown Yard Improvements 100,000
5-939 Kempsville Suction - Phase II 20,000
5-966 Atlantic Avenue Improvements 130,000
5-978 Indian Lakes Boulevard 20,000
5-979 Newtown Road 27,000
5-996 Dam Neck Road - Phase I 100,000
5-622 Shipps Corner Road 18,000
5-712 Sandbridge Road 420,000
5-962 Burton Station Area 50,000
-3-
Capital Project Appropriation
Water Utility Projects: (concluded)
5-968 Control Center Modifications $ 630,000
5-997 Credle Road 100,000
5-956 Holland Road - Phase IV 6,000
Total Water Utility Projects $ 2,486,000
Sewer Utility Projects:
6-316 Various Sewer Projects $ 348,000
6-815 Infiltration, Inflow, and
Rehabilitation 500,000
6-830 Lake Smith/Shell Road 10,000
6-831 Mill Dam Road 42,000
6-928 Cavalier Park/North Linkhorn Park 479,000
6-808 Gatewood Park 152,000
6-932 Lakeview Park 236,000
6-929 Elizabeth River Shores 182,000
6-930 Lynnhaven Acres 19,000
6-933 Croatan Beach 213,000
6-925 Atlantic Avenue Improvements 100,000
6-937 Aragona Rehabilitation 100,000
6-938 Princess Anne Plaza Rehabilitation 100,000
6-315 Queen City 52,000
6-923 Reedtown 157,000
6-939 Comprehensive Sewer Study 90,000
6-963 Dam Neck Road - Phase I 20,000
6-964 Baxter Road 25,000
Total Sewer Utility Projects $ 2,825,000
TOTAL APPROPRIATIONS $ 61,405,910
To be funded from the following sources:
Source Amount
1985 Charter Bonds $ 24,400,000
1985 School Referendum Bonds 13,300,000
FY 1986 Revenue Sharing 5,500,000
Community Development 1,322,000
Toll Road Revenue 1,200,000
Water and Sewer Fund 5,000,000
General Fund 10,532,403
Developer Contributions 151,507
TOTAL SOURCES $ 61,405,910
Amounts appropriated above amend any 1985-1986 fiscal year allocations
previously authorized in the FY 1985 - FY 1989 Interim Capital Improvement
Program adopted by City Council on July 8, 1985.
Section 4. That capital project funds appropriated in prior fiscal
years are to be reallocated in accordance with said Capital Improvement Program
as follows:
Engineering and Highways:
Stormwater Projects:
2-008 Princess Anne Plaza Drainage -
Bow Creek/Northgate + 59,520
2-815 Stumpy Lake Hydraulic Study and
Drainage Improvements 59,520
-4-
Parks and Recreation:
4-807 Great Neck Meadows Park 77,500
4-808 Saw Pen Point Park + 77,500
Section 5. That additional appropriations and the addition of capital
projects shall not be initiated except with the consent and approval of the City
Council first being obtained.
Section 6. That the restriction with respect to the expenditure of
funds appropriated shall apply only to the totals for each project class within
each funding source included in this ordinance.
All contracts awarded for approved and appropriated capital projects,
exclusive of school projects, must be certified as to the availability of funds
by the Director of Finance prior to the initiation of work on the contract.
Section 7. That this ordinance shall be in effect from and after the
date of its adoption.
Section 8. That if any part or parts, section or sections, sentences,
clauses, phrases of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
First Reading: November 18, 1985
Second Reading: November 25, 1985
Adopted by the Council of the City of Virginia Beach, Virginia on the
25 day of November 19 85
-5-
27 -
Item II-N-2
CONSENT AGENDA ITEM 24588
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Resolution to endorse Lake Smith Bridge Replacement
Project as designed and request Virginia Department of
Highways and Transportation to proceed with the
project.
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, 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
November 25, 1985
-27a-
RESOLUTION
WHEREAS, a Notice of Willingness to hold a Combined Location and
Design Public Hearing was issued August 16, 1985 by the Commonwealth of
Virginia, Department of Highways and Transportation with a September 20,
1985 closing date for hearing requests for State Project 0060-134-104,
PE-101 , C-501 , D-603, Shore Drive Box Culverts and Approaches at Lake
Smith (Little Creek Reservoir).
WHEREAS, no requests for a Combined Location and Design Public
Hearing were made.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
The location and major design features of the proposed project are
hereby approved and the Council of the City of Virginia Beach requests the
Virginia Department of Highways and Transportation to proceed with obtaining
the necessary right-of-way and easements and with the advertisement for
construction bids for the project.
Adopted by the Council of Virginia Beach, Virginia on
the 25 day of November 1985.
APPROVED AS TO CON
IIGNAIURE
DEPAR
APPRC t AS T F
CITY ATT(-)PNF@
- 28 -
Item II-N-3
CONSENT AGENDA ITEM # 24589
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
lease agreement between the City and Atlantic Broadcast
Enterprises trading as WVAB Radio.
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 AUTHORIZE THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH AND
ATLANTIC BROADCAST ENTERPRISES TRADING
AS WVAB RADIO
WHEREAS, By Lease Agreement dated June 23, 1981,
between the City of Virginia Beach, Virginia (City) and Sea
Broadcasting Corporation (Sea), trading as WVAB Radio, the City
leased to Sea certain real estate shown on the plat attached to
the said Lease Agreement upon the terms and conditions set forth
therein, a copy of said Lease Agreement is attached hereto as
Exhibit "A," and
WHEREAS, by Assignment of Lease dated March 1, 1982,
Sea did assign, convey and deliver unto Atlantic Broadcast
Enterprises, Inc., a Virginia Corporation (Atlantic) all rights,
title and interest as tenant to operate Radio Station WVAB and to
assume all obligations of the lessee under said Lease, and
WHEREAS, prior to the expiration of the original term
of the Lease, Atlantic desires to renew the Lease Agreement and
then proposes to assign, convey, and deliver unto Resort
Broadcasting Enterprises, Inc., a Virginia Corporation (Resort)
all rights, options and other priviledges as tenant to operate
Radio Station WVAB and to assume all obligations of the lessee
under said Lease. Copies of Lease Agreement between City and
Atlantic, proposed Consent to Assignment of Lease and Assignment
of Lease are attached hereto as Exhibits "B," "C,'- and "D,"
respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized and directed to
enter into the Agreement of Lease with Atlantic Broadcast
Enterprises, Inc., t/a WVAB Radio to lease a certain 0.230 acre
parcel of property of Bow Creek Golf Course and the Consent To
Assignment Of Lease from Atlantic Broadcast Enterprises, Inc.,
t/a WVAB Radio to Resort Broadcasters of Virginia, Inc., a
Virginia corporation. Said agreements are attached hereto and
incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of tr
-29 , 1985.
CJS/sm
10/2 5/8 5
(CJS)
-2-
THIS AGREEMENT OF LEASE, Made this day of
1985, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a niunicipal
corporation of the Commonwealth of Virginia, hereinafter referred to
as "Lessor", party of the first part, and ATLANTIC BROADCAST
ENTERPkISES, INC., a Virginia corporation, trading as WVAB Radio,
hereilidfter referred to as "Lessee", party of the second part.
W I T N E S S E T H:
The Lessor, for and in consideration of the rent and
covenants and agreeinents to be kept and performed by the parties
hereto, agrees to rent and lease, and does by these presents hereby
retit and lease to the Lessee, and Lessee does hereby accept said If@ase
upc,ti the I)ereinafter set forth tems and conditions, all that certain
tract or parcel of land lying, situated and being in the City of
Virginia Beach, Virginia, and more particularly described as follows:
That portion of Bow Creek Golf Course outlined in
red on the plat attached hereto and referred to
ds LEASE AREA 0.230 AC., said plat hereby made a
part hereof.
THIS LEASE is conditioned upon the following terms ana
conditions and covenants:
1. The term of this lease shall be for five (5) years
cuuunencing on the First day of 1985, and shall teminate
dt niidnight on the thirtieth day of , 1990.
2. This lease may be terminated during its ten]) by either
pdrty upon the giving of written notice at lease twelve (12) ilionths in
advarice of the terniination date.
3. The Lessee agrees to pay the Lessor $200.00 a month iri
rental for the duration of the lease. Each such monthly installment
shall be payable in advance upon the first day of each calendar flionth
iiia(Je payable to Treasurer, City of Virginia Beach. In lieu of rent
riionies, the Lessee may furnish Lessor thirty-three 30 second comnercials
nionthly in radio advertising. Lessor has the right to use this
advertising for any subject or project that is in the interest of
Lessor. For the duration of this contract, advertising rates are to
be detemined by Lessee's rate card dated March 1, 19 76.
4. The premises are leased by Lessor to Lessee "as is",
and the sole responsibility for the maintenance and upkeep of the
premises shall be with the Lessee.
5. Lessee agrees to protect and to hold Lessor harmless
fropi all damage or injury to person or property which may result from
Lessee's use or occupancy of the premises, and to protect and
indemnify the City of Virginia Beach, Virginia, and its officers and
employees from any and all claims, demands, suits, actions, judginents
and recoveries for or on account of damage or injury, including death,
to property or person occurring on the leased premises.
6. Lessee shall at his expense, provide and maintain in
force during the entire lease term public liability insurance with
limits of coverage of not less than $250,000.00 for property damage
loss from any one accident and not less than $500,000.00 for personal
injury from any one accident and not less than $250,000.00 for injury
to any one person from any one accident. Lessor shall be named as
additional insured. Lessee shall provide Lessor with a certificate of
irisurance reflecting the conditions contained in this paragraph.
7. Lessor expressly reserves the right to enter the
premises, at any reasonable time, to examine or to make such repairs,
additions, or alternations as it may deem necessary for the safety,
improvement or preservation thereof.
8. Upon the expiration of the term hereof, Lessee shall
surrender the premises to the Lessor in as good order and condition as
at the commencement of the term, ordinary wear and tear excepted.
- 2 -
9. The lease may only be transferred upon the written
consent of the City Manager of the City of Virginia Beach.
WITNESS the following signatures and seals on the day, month
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By: (SEAL)
City Manager
ATTEST:
City Clerk
ATLANTIC BROADCAST ENTERPRISES,
INC., a Virginia corporation
By: (SEAL)
President
ATTEST:
Secretary
STATE OF VIRGINIA
CITY OF VIRGINIA 8EACH, to-wit:
I, a Notary Public in and fov,
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 writing, bearing date the_ day of 1 1985, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of , 1985.
Notary Public
My Comission Expires:
HDE.AGT.SEA.9/12/85 - 3
CONSENT TO ASSIGNMENT OF LEASE
WHEREAS, by lease dated , 1985, between the City
of Virginia Beach, Virginia ("City") and Atlantic Broadcast
Enterprises, Inc., t/a WVAB Radio ("Atlantic"), City leased to
Atlantic certain real estate shown on plat attached to said lease upon
the terms and conditions set forth therein; and
WHEREAS, Atlantic desires to sell to Resort Broadcasters of
Virginia, Inc., a Virginia corporation (Resort) certain of Atlantic's
assets, including the right to operate Radio Station WVAB and to
assign to Resort its interest in the aforesaid lease which covers the
land upon which the radio transmitter for said radio station is
located and Resort, in consideration of the consent of the City to
such lease assignment, is willing to undertake the obligations of
Atlantic to the City accruing under said lease on and after
, 1985;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the City
does consent to the assignment of said lease by Atlantic to Resort
and, in consideration whereof, Resort agrees to, and by these presents
does, assume all obligations of the lessee under said lease which
accrue on and after , 1985 and City releases Atlantic from
all obligations under said lease accruing subsequent thereto. This
consent to assignment and release of Atlantic shall not become
effective until a copy hereof, duly executed by Resort, is delivered to
the City Manager of City.
CITY OF VIRGINIA BEACH
By
City Manager
RESORT BROADCASTERS
OF VIRGINIA, INC.
By
President
HDE.CON.ATLANTIC.10/7/85
I
- 29 -
Item II-N-4
CONSENT AGENDA ITEM # 24590
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute the
necessary documents to effectuate an exchange of
property between the School Board of the City of
Virginia Beach and requiring that the deeds of
conveyance be exchanged and recorded in seriatim or not
at all.
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
November 25, 1985
Requested by the School Board of the City of Virginia Beach,
Virginia
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS TO
EFFECTUATE AN EXCHANGE OF PROPERTY
BETWEEN THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH AND THE CITY OF VIRGINIA
BEACH AND REQUIRING THAT THE DEEDS OF
CONVEYANCE BE EXCHANGED AND RECORDED IN
SERIATIM OR NOT AT ALL
WHEREAS, the School Board has requested the City of
Virginia Beach to exchange certain real property to allow the
School Board to provide ingress to and egress from the Salem High
School site; and
WHEREAS, the School Board has declared or is prepared to
declare the property to be conveyed to the City as surplus
pursuant to S 22.1-129, VA. CODE ANN. in order to effectuate that
exchange; and
WHEREAS, the Department of Parks and Recreation
recommends the exchange.
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 the necessary documents, including, but not limited to,
the subdivision plat, survey, and deed to effectuate an exchange
between the School Board and the City of Virginia Beach. The
following described property is to be conveyed by the School Board
of the City of Virginia Beach, Virginia, to the City of Virginia
Beach, Virginia, as follows:
All that certain lot, piece, or parcel of
property designated as "PROPERTY TO BE
CONVEYED FROM SCHOOL BOARD OF THE CITY OF
VA. BEACH, TO THE CITY OF VA. BEACH 7422
S.F. or 0.1704 AC." and "PROPERTY TO BE
CONVEYED FROM SCHOOL BOARD OF THE CITY OF
VA. BEACH, TO THE CITY OF VA. BEACH
32,225 S.F. or 0.7398 AC.," as shown on
that certain plat entitled "PLAT OF
EXCHANGE OF PROPERTY BETWEEN THE CITY OF
VIRGINIA BEACH, A VIRGINIA MUNICIPAL
CORPORATION AND SCHOOL BOARD OF THE CITY
OF VIRGINIA BEACH, KEMPSVILLE BOROUGH -
VIRGINIA BEACH, VA" Scale: 1" = 100',
dated August 15, 1985, prepared by
Wilfred P. Large, Inc., Surveying -
Engineering - Planning, Virginia Beach,
Virginia.
It being part of that property
conveyed to the School Board of the City
of Virginia Beach, Virginia by deed dated
April 3, 1985 from Kempsville Lake Number
1 Partnership, a Virginia general
partnership and recorded in the Clerk's
Office of the Circuit Court of the City
of Virginia Beach, in Deed Book 2401, at
page 1925.
To be conveyed from the City of Virginia Beach, Virginia
to the School Board of the City of Virginia Beach, Virginia:
All that certain lot, piece, or Parcel Of
property designated as "PROPERTY TO BE
CONVEYED FROM THE CITY OF VA. BEACH TO
THE SCHOOL BOARD OF THE CITY OF VA.
BEACH. 33,893 S.F. OR 0.7781 AC." as
shown on that certain plat entitled:
"PLAT OF EXCHANGE OF PROPERTY BETWEEN THE
CITY OF VIRGINIA BEACH, A VIRGINIA
MUNICIPAL CORPORATION AND SCHOOL BOARD OF
THE CITY OF VIRGINIA BEACH, KEMPSVILLE
BOROUGH - VIRGINIA BEACH, VA." Scale
1"=100', dated August 15, 1985, prepared
by Wilfred P. Large, Inc., Surveying -
Engineering - Planning, Virginia Beach,
Virginia.
It being a part of the same property
conveyed to the City of Virginia Beach,
Virginia by deed dated April 21, 1977
from Lassiter & Associates, Inc., a
Virginia corporation, and recorded in the
Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in
Deed Book 1684, at page 124.
And the City Manager is further directed to exchange and
record the two Deeds of Conveyance in seriatim or not at all.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 25 day OfN November -, 198 5.
AP@R0,SD
AS 1, 0 c
WCB/NEW/rab
10/14/85
(ORD I)
-2-
THIS DEED, Made this day of 19
by and between CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, hereinafter referred to as
,"Grantor" party of the first part, and the SCHOOL BOARD OF THE
@ICITY OF VIRGINIA BEACH, "Grantee," 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) cash in hand paid, and other good and valuable
iconsiderations, the receipt of which is hereby acknowledged, the
lisaid Grantor does hereby sell, assign, transfer and convey with
,ibpecia.L warranty, unto the said City of Virginia Beach, Grantee,
Ithe following described property situated in the City of Virginia
I .'
lBeach, Virginia, to' wit:
All that certain lot, piece or parcel of
property designated as "PROPERTY TO BE
CONVEYED FROM THE CITY OF VA. BEACH TO
THE SCHOOL BOARD OF THE CITY OF VA.
BEACH. 33,893 S.F. OR 0.7781 AC.," as
shown on that certain plat entitled:
"PLAT OF EXCHANGE OF PROPERTY BETWEEN THE
CITY OF VIRGINIA BEACH A VIRGINIA
MUNICIPAL CORPORATION AND SCHOOL BOARD OF
THE CITY OF VIRGINIA BEACH KEMPSVILLE
BOROUGH, - VIRGINIA BEACH, VA. SCALE:
1"=100' AUGUST 15, 1985, WILFRED P.
LARGE, INC., SURVEYING-ENGINEERING-PLANNING,
VIRGINIA BEACH, VIRGINIA," which said
plat is attached hereto and intended to
be recorded simultaneously herewith to
which reference is made for a more
particular description.
It being a part of the same property
conveyed to City of Virginia Beach by
Deed dated April 21, 1977 from Lassiter &
Associates, Inc., a Virginia Corporation
d in the Clerk's Office of the
and recorde
Circuit Court of the City of Virginia
Beach, in Deed Book 1684, at page 124.
This conveyance is made subject to any covenants,
conditions, restrictions and easements in the chain of title
.constituting constructive notice.
It is understood and agreed that the consideration
i,hereinabove mentioned and paid to the Grantor constitutes payment
I
"in full for the property hereby conveyed and for damages, if any,
lito the residue or other property of the Grantor resulting from
lithe project and use made of the property conveyed.
CITY OF VIRGINIA BEACH,
a municipal corporation
Thomas H. Muehlenbeck
City Manager
II(SEAL)
@IATTEST:
IlRuth Hodges Smith,
City Clerk
i@STATE OF VIRGINIA
!,ICITY OF VIRGINIA BEACH, to-wit:
a Notary
liPublic in and for the City and State aforesaid, do hereby certify
@,,ithat THOMAS H. MUEHLENBECK, City Manager and RUTH HODGES SMITH,
-2-
!'City Clerk, on behalf of THE CITY OF VIRGINIA BEACH, whose names
liare signed to the foregoing writing bearing date on the day
i!Ot 1985, have acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
@WCB/rab
illO/01/85
(SB)
-3-
"lo eel
go
14U
LZ- -tr
- 30 -
Item II-N-5
CONSENT AGENDA ITEM # 24591
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
deed of vacation and quitelaim releasing the City's
interests in the 10-foot utility easement across
property of Edythe D. Simmons (North Alanton).
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
November 25, 1985
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF
VACATION AND QUITCLAIM RELEASING THE
CITY'S INTERESTS IN THE 10 FOOT
UTILITY EASEMENT ACROSS PROPERTY OF
EDYTHE D. SIMMONS (NORTH ALANTON)
WHEREAS, Edythe D. SimMons is the owner of Lot 57,
as shown on that certain "PHYSICAL SURVEY FOR VACATION OF 10'
UTILITY EASEMENT LOCATED ON LOT 57 COMPOSITE PLAT OF SECTIONS 1,
2, 3 & 4 NORTH ALANTON M.B. 34 P. 43 LYNNHAVEN BOROUGH
VIRGINIA BEACH, VA.," dated August 14, 1985, and prepared by
Gallup Surveyors & Engineers, Ltd., hereinafter the "Plat," a
reduced copy of which is attached hereto and made a part hereof;
and
WHEREAS, by plat, dated August 1, 1950, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, in Map Book 34, at Page 43, a 10 foot utility easement was
created for utility purposes, a portion of which is shown as the
shaded area on the Plat. This shaded area of the easement shall
hereinafter be referred to as the "Easement To Be Vacated;" and
WHEREAS, Edythe D. Simmons has requested that the City
release its interest in the Easement To Be Vacated; and
WHEREAS, it has been determined by the Department of
Public Utilities that the Easement To Be Vacated is in excess of
the needs of the City of Virginia Beach for utility purposes,
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 that the City Manager is hereby
authorized to execute a Deed of Vacation and Quitclaim between the
City and Edythe D. Simmons, a copy of which is attached hereto and
incorporated herein by reference, 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 November 25, 1985
Ci/da
(C)
11/14/8 5
14
z z
4 L'
ale q
THIS DEED OF VACATION AND QUITCLAIM, Made this day
of , 1985, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
1)arty of the first part, and EDYTHE D. SIMMONS, 1609 Travis
Parkway, Virginia Beach, Virginia, 23454, 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 10 feet in width,
being a portion of Lot 57,
designated as "101 UTILITY EASEMENT
M.B. 34 P. 43," and shown as the
shaded area on the attached drawing
entitled "PHYSICAL SURVEY FOR
VACATION OF 10' UTILITY EASEMENT
LOCATED ON LOT 57 COMPOSITE PLAT OF
SECTIONS 1, 2, 3 & 4 NORTH ALANTON
M.B. 34 P. 43 LYNNHAVEN BOROUGH
VIRGINIA BEACH, VA.," dated August
14, 1985, prepared by Gallup
Surveyors & Engineers, Ltd.,
Virginia Beach, Virginia, and
attached hereto and recorded
simultaneously herewith in the
Office of the Clerk of the Circuit
Court of the City of Virginia Beach,
Virginia.
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 was
authorized by an ordinance adopted by the Council of the City of
Virginia Beach, at a meeting duly called and held on the day
of 1985.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENSECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the City of Virginia Beach, whose names ar,,
-2-
signed to the foreqoing Deed of Vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
CJ/da
(27-C.3)
11/18/85
-3-
- 31 -
Item II-N-6
CONSENT AGENDA ITEM # 24592
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council APPROVED:
Ordinance, upon FIRST READING, to accept and
appropriate grants of $237,340 from state aid and
$5,901 from federal aid to Public Libraries.
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 ACCEPT GRANTS OF
$237.340 FROM STATE AID TO PUBLIC
LIBRARIES AND $5.901 FROM FEDERAL
AID TO PUBLIC LIBRARIES AND TO
AP@ROPRIATE THESE FUNDS
WHEREAS. City Council is interested In enhancing the quality of
service provided by our Public Libraries, and
WHEREAS, grants of $237.340 from State Aid to Public Libraries
and $5.901 from Federal Aid to Public Libraries are available for this
purpose. and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the above two grants be accepted and funds
of $243.241 be appropriated to the Department of Public Libraries for the
FY 1985-1986 Operating Budget as follows:
Office Supplies S 6,159
Books and Subscriptions 121,030
Educational and Library Supplies 2,250
Furniture and Fixtures 97,550
Data Processing Equipment 10.351
Travel and Training 5.901
TOTAL $243.241
BE IT FURTHER ORDAINED that Estimated Revenues from the Common-
wealth of Virginia be increased by $237.340 and from the Federal Government
by $5,901 to finance the appropriations.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach. Virginia on
the day of 1985.
FIRST READING: November 25, 1985
SECOND READING:
- 32 -
Item 11-N-7
CONSENT AGENDA ITEM # 24593
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to transfer $69,496 of capital project funds
to project 2-997 Indian Lakes Boulevard to fund the
increase in the cost participation agreement with Urban
Associates-Three.
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
November 25 1985
AN ORDINANCE TO TRANSFER $69,496
OF CAPITAL PROJECT FUNDS TO PROJECT
2-997 INDIAN LAKES BOULEVARD TO FUND
THE INCREASE IN THE COST PARTICIPATION
AGREEMENT WITH URBAN ASSOCIATES-THREE
WHEREAS, a cost participation agreement between the city and Urban
Associates-Three was approved by Council on August 1, 1983 whereby Urban
Associates was to construct two lanes of a future four-lane road with the city
to pay for costs exceeding a standard subdivision street, and
WHEREAS, the city required a change in the original plans, at an
estimated cost of $75,701, to provide a temporary bypass lane at the intersec-
tion of Indian River Road to allow better traffic flow, and
WHEREAS, the project account presently has a balance of $6,205
resulting in the need to transfer $69,496 from excess funds in completed capi-
tal projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that capital project funds in the amounts of $69,496
be transferred as shown below to fund the increase in the cost participation
agreement with Urban Associates-Three.
From:
#2-974 Sandbridge Road Alignment $ 66,806
#2-824 Independence Boulevard-Timberlake 2,690
To:
#2-997 Indian Lakes Boulevard $ 69 496
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
25 November 85
day of 19
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INDIAN LAKES BLVD.,
INDIAN RIVER RD. TO HALIFAX DR.
- 33 -
Item II-N-8
CONSENT AGENDA ITEM # 24594
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to establish a sewer capital project for
Princess Anne Road to Mr. Larnell Smith and transfer
funds of $110,000 for the Utilities extension.
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 ESTABLISH A SEWER
CAPITAL PROJECT FOR PRINCESS ANNE
ROAD TO MR. LARNELL SMITH AND
TRANSFER FUNDS OF $110,000 FOR
THE UTILITIES EXTENSION
WHEREAS, residents of Princess Anne Road - 4900 Block have
met the 51% sewer service requirements of the City's policy for the
extension of sewer services, and
WHEREAS, this property does not meet the percolation require-
ments of the Health Department for septic tank installation, and
WHEREAS, the Department of Public Utilities has estimated the
cost of the sewer line extension at $110,000, and
WHEREAS, the Department has indicated that funds for the
sewer utility project may be transferred from project 6-316 Various
Sewer Projects, and
WHEREAS, the Department recommends the extension of sewer
lines to this area and indicates this project will measurably improve
the quality of life for these residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that a sewer utility project be established
for Princess Anne Road - 4900 Block and that funds be transferred as
follows:
Sewer Projects:
Transfer From:
#6-316 Various Sewer Projects $ 110,000
Transfer To:
#6-965 Princess Anne Road - 4900 Block $ 110,000
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 25 day of November 1985.
CAC/3 ORD4
4 rTA C@,M E@
- 34 -
Item II-N-9
CONSENT AGENDA ITEM # 24595
Upon motiori by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to authorize a temporary encroacbment into
portions of the rights-of-way of Broad Meadows
Boulevard and Club Head Road to R.G. Moore Building
Corp., its 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.
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:
None
Council Member Abstaining:
*Nancy A. Creech
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO PORTIONS OF THE
RIGHTS-OF-WAY OF BROAD MEADOWS
BOULEVARD AND CLUB HEAD ROAD TO R. G.
MOORE BUILDING CORP., ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the R. G. Moore Building Corp., its assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into portions of the City's rights-of-way
of Broad Meadows Boulevard and Club Head Road.
That the temporary encroachment herein authorized is
for the purpose of storm drainage pipes, irrigation pipes and
three 8-foot reinforced concrete pipes to be utilized as golf
cart underpasses and that said encroachment shall be constructed
in accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
Areas of encroachment into portions of
the City's rights-of-way known as Broad
Meadows Boulevard and Club Head Road as
shown on those certain plats marked
Exhibit "A" and Exhibit "B" and entitled:
"ENCROACHMENT PLAT FOR GOLF CART
UNDERPASS, GOLF COURSE DRAINAGE AND
IRRIGATION PIPE FOR R. G. MOORE BUILDING
CORP. OR HIS ASSIGNS 4480 HOLLAND OFFICE
PARK SUITE 225, VIRGINIA BEACH, VIRGINIA
23452," copies of which are on file in
the Virginia Beach 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 any officer of R. G. Moore Building Corp., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City's rights-of-way of Broad Meadows Boulevard and Club Head
Road by the R. G. Moore Building Corp. and that the R. G. Moore
BUilding Corp., its assigns and successors shall bear all costs
and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the R. G. Moore Building Corp., its assigns
and successors in title shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees from and against
all claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the R. G. Moore Building Corp. executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of Novemhpr 1 9,,
GLF/rab
11/19/85
(29C)
-2-
- 35 -
Item 11-N-10
CONSENT AGENDA
ITEM # 24596
Upon motion by Counci Iman Fentress, seconded by Councilman Jennings, city
Council ADOPTED the Ordinance authorizing tax refunds in the amount of
$1,000.33 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, 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
November 25 1985
RM NO. C.A. 7 11/12/85 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 tollowing 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
Weaver L & Virginia Lloyd 85 RE(2/2) 54825-8 9/10/85 46.55
CitY Federal S & L 85 RE(I/,2) 78714-1 12/5/84 14.08
Atlantic Pemanent S & L 83 RE(1/2) 5820-7 12/5/82 53.65
Atlantic Permanent S & L 83 RE(2/2) 5820-7 6/5/83 53.65
Atlantic Permanent S & L 84 RE(1/2) 5758-2 12/5/83 60.61
Atlantic Permanent S & L 84 RE(2/2) 5758-2 6/5/84 60.61
J Calvitt & Mary JClarke 83 RE(1/2) 15454-9 11/1/82 2.16
J Calvitt & Mary JClarke 83 RE(2/2) 15454-9 5/11/83 2.16
J Calvitt & Mary JClarke 84 RE(1/2) 16058-6 11/1/83 2.16
J Calvitt & Mary JClarke 84 RE(2/2) 16058-6 6/5/84 2.16
Earl P & Lucy W Yates 85 RE(1/2) 101199-5 12/5/84 108.86
Earl P & Lucy W Yates 85 RE(2/2) 101199-5 6/5/85 108.86
William B Woodward 85 pp 175800-9 46238 6/5/85 220.50
Richard R Peters 84 pp 195800-7 46332 8/19/85 92.88
Potomac Leasing Co 85 pp 126708-5 46412 6/5/85 109.44
William & Mariangela Virgili 85 pp 163665-9 46393 6/1/85 30.00
Stephen Barney N/A Pkng 38900 10/18/85 12.00
Edith !,A, Denardo N/A Pkng 75480 8/27/85 20.00
Total 1,000.33
0 -r LAW'
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of @@e City of,,Virgini@
ov me
Beay4 (T the-- day of
8 John T. Atkinson, Treas
Approv?,d as to form:
Ruth Hodges Smith
City Clerk
torney
- 36 -
Item II-N-11
CONSENT AGENDA ITEM # 24597
Upon motion by Councilinan Fentress, seconded by Councilman Jennings, City
Council ADOPTED the Ordinance authorizing license refunds in the amount of
$1,651.01 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. Fentress, Mayor Rarold
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
FOHM NO. C.A. 8
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 L icense Date Base Penalty lnt. Total
Year Paid
Oceana Feed & Hardware Co., Inc.
237 First Colonial Road
Virginia Beach, VA 23454 1984 Audit 45.47 15.47
Ragar, Inc.
T/A Pet)per Pot/JR's Hot Dogs
3728 Queensgrove Circle, North
Virginia Beach, VA 23452 1983/85 Audit 126.51 126.51
Seaboard Mercantile Co., Inc.
T/A Seamerco
317 First Colonial Rd.
Virginia Beach, VA 23454 1983/84 Audit 194.64
Certified as to Payment:
ommissioner of R an
Approve@as to for
Da
This ordinance shall be effective from date of ty
adoption.
The above abatement(s) totaling@l 6 @62 __ were approved by the Council
of the City ot Virginia Beach on the 25 day of ___November 85
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8
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 THF- CITY OF VIRGINIA BEACH, VIRGINIA:
That the foilowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty lnt. Total
Year Paid
Ferguson Distributing Co., Inc.
T/A Charles Chips
5773 Arrowhead Drive, S-302
Va. Beach, VA 23462 1984/85 Audit 803.24 803.24
Howard E. Copeland, PC
6663 Stoney Point South
Norfolk, VA 23502 1985 Audit 355.06 311.06
Robol, Shirley & Douglas
TIA The Video Connection
1107-C-- S. ?Iilitary Highway
Chesapeake, VA 23320 1,983/85 Audit 126.09 126.01)
Certified as to Payment:
- @uhn
x CIXM@ @er
Commissioner of Revenue
orm:
This ordiiiance shall be effective from date of
adoption.
SI, 2". 39 were approved by the Council
The above abatement(s) total i ng
25 November
of the City of Virginia Beach on the--day of
Ruth Hodges Smith
City Clerk
- 37 -
Item II-0.1
UNFINISHED BUSINESS ITEM # 24598
ADD-ON
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech,
City Council DELETED from the list of PROPOSED SITES of the VIRGINIA BEACH
TRANSFER STATION:
BENDIX ROAD
Voting: 8-3
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 and J. Henry McCoy, Jr., D.D.S
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
- 38 -
Item II-P.1
UNFINISHED BUSINESS ITEM # 24599
AARP PROPOSAL TO THE FCC
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress,
City Council ADOPTED:
Resolution supporting the AARP proposal to the
FCC for reduced telephone rates for low-income
consumers.
Councilwoman Oberndorf referenced the recommendation of a Joint Panel
composed of four State Regulatory Agencies and three members from the
FEDERAL COMMUNICATIONS COMMISSION. They will advise a supplement to the
State and Local Companies who are offering life-long telephone service and
they will be referencing specifics concerning income and need.
Councilman Robert Jones referenced he serves on the NATIONAL LEAGUE OF
CITIES TRANSPORTATION AND COMMUNICATIONS QUALITY COMMITTEE. One of their
goals is "universal telephone service".
Voting: 9-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress and J. Henry McCoy, Jr., D.D.S.
R E S 0 L U T I 0 N
WHEREAS, the Federal Communications Commission is
presently considering whether low-income consumers will receive
basic telphone service at reduced rates; and
WHEREAS, the American Association of Retired Persons
has filed formal comments with the Federal Communications
Commission, calling upon the Commission to provide such
Lifeline service for elderly persons; and
WHEREAS, telephone service is a necessity, not merely a
convenience, for elderly persons who depend upon telephone
service for the companionship of friends and family, for
emergencies, for shopping, for consultations with doctors,
pharmacies, and clergy; and
WHEREAS, many elderly persons and others whose income
places them in a disadvantaged position are unable to afford
current, basic telephone charges;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City hereby declares its full and complete
support of the efforts of the American Association of Retired
Persons in calling upon the Federal Communications Commission to
provide basic telephone service at reduced rates for those
persons, including the elderly, whose income places them in a
disadvantaged position.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 25 day of November 1985.
WMM/da
11/19/85
(RES.5)
- 39 -
Item II-P.2
NEW BUSINESS ITEM # 24600
OPEN BURNING TASK FORCE REPORT
Chief Harry Diezel presented City Council s SUMMARIZATION of the OPEN
BURNING TASK FORCE REPORT.
The DEFINITION OF OPEN BURNING includes a number of activities:
1. Burning of leaves and twigs.
2. Land clearing
3. Contruction Related.
4. Agriculture and Forestry Management Burning.
POLICY CONSIDERATIONS related to OPEN BURNING entailed:
1. Burning Process
2. Administrative Interface
POLICY OPTIONS related to OPEN BURNING:
BAN ON ALL OPEN BURNING.
MODIFICATION OF CURRENT PRACTICES.
MAINTAIN THE CURRENT PRACTICE
Chief Diezel advised no specific recommendation was reiterated
The TASK FORCE representation included:
Richard Cockrell, Agriculture
Dr. George Sjolund, Health Department
Wade Kyle, Public Works
Robert Loher, Permits and Inspections
James Bright, Virginia Division of Forestry
C. Allen, Virginia Division of Forestry
District Chief Jake Brammer, Fire Prevention
Battalion Chief Mike Wade, Fire Prevention
The Summarization presented to Council is hereby made a part of the
record.
The City Staff will develop a strategy and present same for Council's
consideration.
- 40 -
Item II-P.3.
NEW BUSINESS ITEM # 24601
MUNICIPAL GRANTS-IN-AID
The Assistant City Manager for Human Services, Hector Rivera, presented a
report relative the POLICY DIRECTIVE of June 17, 1985. The City Council
ADOPTED an Ordinance to establish GRANT GUIDELINES for agencies receiving
funds from the City of Virginia Beach to fund activities which benefit the
citizens and the community.
The APPLICATION PROCESS involves:
A. Project Budget Summary.
B. Budget Category Itemization.
C. Cash Funds from Sources other than City of Virginia Beach.
D. In-Kind Contributions.
E. Brief Project Description.
F. Service Delivery Workplan.
G. Organizational Experience in Related Projects.
The CONDITIONS OF GRANT AWARDS were also reiterated:
(1) The grantee must provide the city agency responsible for the
administration of the grant with a quarterly report of its
activities.
(2) The grantee agrees to maintain accounting procedures in
accordance with generally accepted accounting standards and
agrees to the review and audit of those records by the City's
Finance Department.
(3) The grantee agrees to the on-site inspection of its facilities
and/or programs by the City.
(4) Improper use of funds awarded in the grant willl result in the
termination of the grant, forfeiture of any outstanding grant
award and reimbursement of payments processed.
(5) Unless otherwise stated in the "Notice of Award", disbursement of
funds will occur on a quarterly basis after receipt of the
grantee's quarterly report of activities.
(6) If a grant award was made in the preceding fiscal year, a
financial audit report must be received by the Department of
Finance-Accounting Division prior to the disbursement of second
quarter funds.
(7) Conditions of this grant award may be changed or adjusted on an
individual basis by the City Manager and/or his representative.
(8) Programs, activities, employment opportunities, etc. funded
totally or partially by the City of Virginia Beach must be made
available to all people regardless of race, color, religion, sex,
age, national origin, handicap, or political affiliation.
These are some very prudent approaches to Contract Administration.
A COMPUTERIZED PRINT-OUT detailed FY 85-86 QUARTERLY REPORT, July 1 -
September 30, relative CONTRIBUTION GRANTS: CITY OF VIRGINIA BEACH. These
COMPUTERIZED PRINT-OUTS define the activities of the various agencies as
well as the City's contribution to each agency and amount the agency
expended during the aforementioned quarter.
All of the aforementioned forms are hereby made a part of the record and
have been distributed to City Council in their AGENDA.
The City Council complimented Mr. Rivera on an excellent presentation.
Councilman Jennings requested a retroactive Summary of Funds that have been
advanced by the City to the various Agencies.
- 41 -
Item II-Q.1
ADJOURNMENT ITEM # 24602
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED
the meeting at 11:59 P.M.
L2@ a @,/@
Beverly 0. Hooks
Chief Deputy City Clerk
_@th Hodges Smith, CMC
City Clerk
City of Virginia Beach,
Virginia
/bh