FEBRUARY 11, 1985 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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cny couNc]L
MAYOR HAROLD REISCHOBER, At
,ICE-MAyOR @A S.,VC@AX A- &-gh
JOHN A. SA UM, BI-@@ B-gh
NANCY A. CREECH, At @.
ROBFRT E. PENMSS, VIII@ BI-h B-Ok
BARBARA M. @. P..g- @gh
R. JACK @INGS. J.R.. L,."-- B-gh
LOUIS R. JONES. B-Y@ @A
ROBERT G. JONES, At @.
J. HENRYmCOY. JR.. K-W@ @gh
MEYERA E. OBERNLIORF. At L-M, t8i CrrY HAU BUIWING
MUNICIPAL C@
RU7W HO@ES smnw, cmc, ct, C4.,* CITY COUNCIL AGENDA VLRrrNIA @Cg, VIRGINIA @OM
18041427.4M
February 11, 1985
Virginia Beach CitY Counc-il
BRzzrzsc - 'Irorvard, ffampton noads - Conference Room - 12:30 PM
XEir!rrliG OF VIRGXNXA BEACH CRTY COUNCXL - CcnfOrenCe Room - 1:00 PM
A. C&LL TO ORDER - mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. NOTrO)f TO RSCESS INTO EXECUTrvE SESSION
.rTEM -rl. REGULAR SESSZOX OF VRRGINXA BEacm citr couNCIL - Council ChamberS 2 PM
A. RNVOCATION: Reverend James H. Gatlin, Sr.
St. Paul's Church of God in Christ
B. PLEDGE OF ALLEG@CE TO THE FLAG OF THE UtilTED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CrTf MANAGER'S ADMINXSZRATIVE ITEMS
1. Review of
E. MMORICOUNCIL - DISCUSSRON OF PERTINENT MATTERS
1. Mrs. Annabelle HaplorkoVski - sponsored by Councilwoman
meyera oberndorf.
F. )LrNUfBS
1. motion to acceptlapp-ve the Ninates of February 11, 1985.
G. PRESENTARION
1. Resolution in Recognition - Harry M. Carter, Jr.
golen Dwyee
A. Los Lively
Marry @dler
Lt. J.i). Jr-icks
Brace Payne
H. PLANNZNG
1. Application of outlet Mall Propertles and Marj Corporatlon
for a condiLtiLonal use permit for the sale of tires, tire
accessories and related items on an 11,450-square foot
parcel located on the east side of independence Boulevard,
south of the Norfolk and Southern Railroad right-of-way
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allov vithdrawal-
2. Application of Jones and Frank 011. EquipMent CorpOration for
a conditional use permit for a gas station in conjunction
with a convenience food store on a 41,818-square foot parcel
located at the southeast corner of Princess Anne Road and
Parl.iament Drive (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of GSCR Associates for a conditional use permit
for a self-service gas station on a 25,700-square foot
parcel located on the west s.Lde of Oceana Boulevard, north
of Dam Nec,-k Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of S.X.R., Ltd., for a change of zoning from
AG-1 Agricultural District to R-5 Residential District on a
1.8-acre parcel located south Tf rondon Bridge Road, east of
the Pine Ridge subdivision (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendat.ion of the Planning Commission
for approval.
5. Application of Winifred B. Johnson and Mr. and Mrs. Daniel
Gordon for a change of zoning from A-1 Apartment District to
B-2 Community-Business District on a 1.11-acre parcel
located on the north 'side of Holland Road, west of Rosemont
Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recoi=endation of the Planning Commlssion
for approval.
6. Applications of Rosomry B. Smltb for ch-ges of zonla on
an undeveloped slte located on the south side of London
Bridge Road, west of Hunts Neck Trail (Princess Anne
Borough);
From AG-2 Agricultural District to R-8 Residential District
on a5.5-acre parcel;
From AC-1 Agricultural District to R-8 Residential District
on a7-acre parcel;
AND,
From R-3 Residential District to B-2 Community-Business.
District on a 2-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of VlrgJnia S. Godwin and Leigh S. Huston for a
change of zoning from AG-2 Agricultural District to B-2
Community-Business District on a 27,732.885-square foot
parcel located on the south side of Old Dam NeCk Road
adjacent to Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
RESOLUTIONSIORDXJFAJFCES
1. Special Revenue Bonds
a. Resolution inviting and encouraging the Newport News
Redevelopment and Housing Authority to issue its Special
Revenue Bonds in the amount of $6,500,000 for the
benefit of Brand!IvJme Associates. (This item was
deferred until today on February 4, 1985).
2. General
a. Resolution In support of a proposal by the National
League of Cities on Rate Regulation of Cable Television.
J. CONSEN2' AGENDA
All matters listed ander the Cons(@nt Agenda are considered In
the ordinary course of business I)y City Council and will be
enacted by ons notion in the fom listed. Xf an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution in Recognition t-D Harry M. Carter, Tr. -
Transportation @ety Commisslon
2. Resolution In Recognition to melon Dungee - Southeastern
Virginia Areawide Moddl Progrtm
3. Resolution in Recognition to A. Leo Lirely - Arts and
Human.ities Commission
4. Resolution in Recognition tc- Harry Sandler - Virg.Lnia
Beach Developmant Authority
5. Resolution in Recognition to Lt. J.D. Hicks Life saving
Attempt
6. Resolution in Recognition to Bruce Payne Life Saving
Attempt
7. Resolution authorizing the City manager to execute
agreements of lease for the Green Ran Farm.
8. Resolution authorizing the City Manager to execute a cost
participation agreement with off-Price Factory Mall
Associates for sewer facilities at Hilltop.
9. ordinance, on SECOND READXNG, to appropriate $175,000
from Fund Balance to Projecit 2-025 Haster Street and
Highway Plan Up-Date for a Comprehensive Up-Date.
10. Raffle Permit - Back Bay Wildf@owl Guild, Xnc.
11. Request of the City Treasuri?r for tax refunds in the
amount of $5,403.51.
K. UNFXNXSEED BUSXNESS
1. Report of Bond Referendum Comiittes
L. NEW BUSXNBSS
1. Hampton Roads Stadium - Presentation by Brad Face
2. Request of Virginia Beach Congregation of Jrehovah's
Witnesses for an amendment to conditional use permit
approved July 5, 1983.
3. Virginia Department of Highvays and rransportation
Construction Funding - listing of projects and budgetary
estimates.
4. 1984-8511988-89 CXP - presentation and discussion.
5. Capital Project Status Report for period ending December 31,
1984 - discussion.
M. RECESS IFOR COUNCIL APPOXNREE EVALUATXON
N. AWOURNMENT
1. Notion to adjourn.
city counci.1 meeting
of
February 18, 1985
CANCELLED
Holiday
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
"FORWARD HAMPTON ROADS"
February 11, 1985
12:30 p.m-
Mayor Heischober called the Council Briefing to order at 12:30 p.m- in the
Conference Room and asked Councilwoman Nancy Creech to present:
"FORWAP,D HAMPTON ROADS"
A Dynamic 5-year $5-Million plan to move Hampton Roads into the future:
$1 - Million - Resources Marketing Center
$4 - Million - Economic Program
The five year campaign to raise these funds was "kicked off" in October 1984
and to-date more than $2-Million pledges are registered.
This "dynamiic" program is structured to benefit every locality from a "consistent,
businesslike marketing strategy". The intent is to "take Hampton Roads to the
national and international marketplace".
Councilwoman Creech introduced Bill Genter, President, Hampton Roads Chamber of
Commerce, who explained "balancing and diversifying our economic base is the
major goal of this program". Business men and women have made the commitment
to move forward and "Forward Hampton Roads" is the vehicle through which this
commitment can be realized. Mr. Center introduced Don Kelly, Regional Director -
Audio Visual, who presented a slide show depicting the market analysis and re-
flecting upon the "5 Basic Market Elements":
1. Market Analysis
2. National/International Marketing
3. Tourism/Travel Marketing
4. Small Business Retention/Development
5. Public/Private Partnership
Councilwoman Creech advised this presentation has been made to each of the mulii-
cipalities participating in the area of Hampton Roads (Chespeake, Norfolk, Ports-
muth, Suffolk and Virginia Beach). She further advised the funding is strictly
from the private sector and no municipal funds are necessary.
The "Forward Hampton Roads" booklet, distributed to Members of City Council and
the City Manager, is hereby made a part of the record.
February 11, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 11, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, February 11, 1985, at 1:00 in the afternoon.
Council Members Present:
John A. Buam, 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
February 11, 1985
- 2 -
ITEM # 23190
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
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 briefiiigs
by staff members, consultants or attorneys, pertaining to
actual or potential litigation or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
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
February 11, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 11, 1985
2:00 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on Monday,
February 11, 1985, at 2:00 in the afternoon.
Councii 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: The City Clerk gave the INVOCATION in the absence of Reverend
James H. Gatlin, Sr., Pastor of St. Paul's Church of God in
Christ.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
February 11, 1985
- 4 -
MAYOR/COUNCIL - DISCUSSION OF PERTLNENT MATTERS
Item II-E.1
ANNABELLE NAPIERKOWSKI ITEM # 23191
SHORE DRIVE
Councilwoman Oberndorf sponsored Annabelle Napierkowski's appearance before
the City Council. Mrs. Napierkowski presented a petition of over 1700
signatures requesting the following:
1. The speed limit on Shore Drive be lowered to
35 miles per hour between Pleasure House
Road and Gate 4 of Little Greek Amphibious
Base.
2. "No Turn on Red" signs be posted at the in-
tersections of Pleasure House Road and In-
dependence Boulevard with Shore Drive.
3. Pedestrian crosswalks be painted at the inter-
sections of Pleasure House Road and Independence
Boulevard with Shore Drive.
Said petition is hereby made a part of the record. This petition involves
only a one mile stretch of road on which three naval housing projects exist
along with commercial, single and multi-family dwellings. Three hundred
and nine (309) accidents occurred last year on Shore Drive preceded by
Three hundred and thirty-one (331) in 1983. There were twenty (20) deaths
on Shore Drive in a four year period between 1980 to 1984.
On October 6, 1984, Mrs. Napierkowski's twelve year old daughter, Tammy Ann,
died while attempting to cross Shore Drive near its intersection with Pleasure
House Road.
Councilwoman Oberndorf requested the staff investigate a Pedestrian Cross-Walk
light with a button which the individual can press to safely cross the street.
Councilman McCoy suggested the possibility of the widening of Shore Drive as
well as Pedestrian Walk-overs in areas such as Pleasure House Road and In-
dependence Boulevard.
Mayor Heischober referenced the Report of the Traffic Engineer, John W. Herzke, to
the City Manager concerning a Traffic Analysis of Shore Drive. There have
been previous speed limit studies of Shore Drive. The matter of painted cross-
walks at signalized intersections is presently being made.
February 11, 1985
5
Item 11-F. I
MINUTES ITEM 23192
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of February 4, 1985, but CORRECTED the Summmary
of Council Actions dated January 28, 1985.
Concerning Item II.L/M ADD ON Cox Cable Rate Increase - Request for RECONSIDERATION,
the following error was reflected in recording the vote:
Mayor Heischober's vote should be NAY.
Councilwoman Henley's vote should be AYE.
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
February 11, 1985
6
Item II-G.1
PRESENTATION ITEM 23193
Mayor Heischhober presented a RESOLUTION IN RECOGNITION to;
Harry M. Carter, Jr.
Member
Transportation safety Commission
This Resolution recognized Harry M. Carter, Jr.'s untiring and dedicated
service to the TRANSPORTATION SAFETY COMMISSION.
February 11, 1985
7
Item II-G.1
PRESENTATION ITEM 23194
Mayor Heischober was to present a RESOLUTION IN RECOGNITION to:
Helen Dungee
Member
Virginia Areawide Model Program
This Resolution recognized Helen Dungee's untiring and dedicated service
to the VIRGINIA AREAWIDE MODEL PROGRAM.
As Helen Dungee was unable to attend the PRESENTATION, her RESOLUTION will
be mailed.
Mrs. Dungee advised the correct spelling of her name is Helma. The orrect
name of the organizatio, is So,the,stern Virginia Areawide Model Program.
February 11, 1985
8
Item 11-G. I
PRESENTATION ITEM 23195
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
A. Lee Lively
Member
Arts and ilumanities Conmiission
This Resolution recognized A. Lee Lively's untiring and dedicated service
to the ARTS AND HUMANITIES COMMISSION.
February 11, 1985
9
Item II-G.1
PRESENTATION ITEM 23196
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
Harry Sandler
Member
Development Authority
This Resolution recognized Harry Sandler's untiring aiid dedicated service
to the DEVELOPMENT ATJTHORITY.
February 11, 1985
- 10 -
Item II-G.1b.
PRESENTATION ITEM # 23197
Mayor Heischober presented RESOLUTIONS IN RECOGNITION t.:
Lt. J. D. Hicks
Bruce Payne
These Resolutions recognized the "LIFE-SAVING ATTEMPTS" of the above gentlemen
in connection with the Life-Saving Attempt of 5-year old Clarence Neely, III
on Thursday, January 24, 1985.
Reginald Johnson, a student at ECPI Computer School, died in his attempt
to save Clarence Neely.
Members of the Johnson and Neely family were presetit and received copies
of the aformentioned Resolutions.
Mayor Heischober advised the ultimate sacrifice of Reginald Johnson will be
specifically recognized upon receipt of more information from North Caroli@a.
February 11, 1985
Item 11-G. 2
ANNOUNCEMENTS
BIRTHDAYS ITEM 23198
Mayor Heischober recognized the BIRTHDAys of the following Council Members:
Meyera E. Oberndorf February 10, 1985
John Baum February 11, 1985
J. Henry McCoy, Jr., D.D.S. February 15, 1985
Louis Jones February 17, 1985
Robert E. Fentress February 26, 1985
February 11, 1985
- 12 -
Item II-H. 1
PLANNING ITEM # 23199
Upon motion by Cuncilman McCoy, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of OUILET MALL
PROPERTIES AND MARJ CORPORATION for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF OUTLET MALL PROPERTIES
AND MARJ CORPORATION FOR A CONDITIONAL USE PERMIT FOR
THE SALE OF TIRES, TIRE ACCESSORIES AND RELATED ITEMS
Ordinance upon application of outlet Mall Properties
and Mari Corporation, for a Conditional Use Permit
for the sale of tires, tire accessories and related
items on certain property located on the east side
of Independence Boulevard beginriing at a point 486
feet south of the Norfolk & Southern Railroad right-
of-way. Said parcel is shown at N.T.W. Site on plans
on file in the Department of Planning and contains
11,450 square feet. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, 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
February 11, 1985
- 13 -
Item 11-H.2
PLANNING ITEM # 23200
Mike Milanovich, resident and Past President of Kempsville Civic League,
spoke iii oppostion.
N. R. Culbertson, resident, registered in opposition but did not speak
TJpon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of JONES AND FRANK OIL EQUIPMENT
CORPORATON for a Conditional Use Permit as per the following:
ORDlNANCE UPON APPLICATION OF JONES & FRANK OIL EQUIPMENT
CORPORATION FOR A GAS STATION IN CONJUNCTION WITH A CON-
VENIENCE FOOD STORE
Ordinance upon application of Jones & Frank Oil Equipment
Corporation for a Conditional Use Permit for a gas station
in conjunction with a convenience food store on certain
property located at the southeast corner of Princess Anne
Road and Parliament Drive on Parcel E, Section One, Arrow-
head. Said parcel contains 41,818 square feet. KEMPSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couticil Members Voting Nay:
None
Council Members Absent:
None February 11, 1985
- 14 -
Item II-H.3
PLANNING ITEM # 23201
Michael Resh, represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of GSCR ASSOCIATES for a Conditional
Use Permit as per the followiiig:
ORDINANCE UPON APPLICATION OF GSCR ASSOCIATES FOR
A CONDITIONAL USE PERMIT FOR A SELF-SERVICE GAS
STATION R0285718
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of GSCR Associates, for
a Conditional Use Permit for a self-service gas
station on certain property located on the west
side of Oceana Boulevard, 970 feet more or less
north of Dam Neck Road. Said parcel contains
25,700 square feet. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of appropriately sized scenic
easement, and a controlled access easement
along the frontage on Oceana Boulevard as
per the Master Street and Highway Plan.
2. Public restrooms are to be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleveiith day of February, 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
February 11, 1985
Council Members Absent:
- 15 -
Item 11-H.4
PLANNING ITEM # 23202
David Eckhardt, Real Estate Broker and Principal in S.I.R., Ltd., represented
the applicant
Barbara Ferguson, President of the Hunt Club Forest Civic Association, spoke
in favor of the application
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance upon application of S.I.R., LTD. for a Change of Zoning
as per the following:
ORDINANCE UPON APPLICATION OF S.I.R., LTD. FOR A
CHANGE OF ZONINING DISTRICT CLASSIFICATION FROM
AG-1 TO R-5 zo285954
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of S.I.R., Ltd., for a Change
of Zoning District Classification from AG-1 Agricultural
District to R-5 Residential District on certain property
located 1650 feet more or less South of London Bridge Road,
120 feet more or less east of Windy Pines Bend. Said par-
cel is located at 2341 London Bridge Road and contains
1.8 acres. Plats with more detailed information are avail-
able in the Department of Plaiiniilg. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of February, Nineteen Hundred aitd Eighty-five.
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, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
February 11, 1985
- 16 -
Item II-H.5
PLANNING ITEM # 23203
Norman Biggs, represented the applicant
Upon niotion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Couacil ADOPTED an Ordinance upon application of WINIFRED B. JOHNSON AND
MR. AND MRS. DANIEL GORDON for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF WINIFRED B. JOHNSON AND
MR. AND MRS. DANIEL GORDON FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 TO B-2 Z0285955
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Winifred B. Johnson and Mr.
and Mrs. Daniel Grodon, for a Change of Zo District
Classificatioii from A-1 Apartment District to B-2 Community
usiness District on Lots 1-20, Block 4, Pecan Gardens.
Said parcel is located at 3642 Holland Road and contains
1.11 acres. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of February, Nineteen Hundr ve.
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
February 11, 1985
Council Members Absent:
None
- 17 -
Item II-H.6
PLANNING ITEM # 23204
Attorney Grover Wright represented the applicant
Barbara Ferguson, President of the Hunt Club Forest Civic Association, spoke
in favor of the application
Michael Ludwig, registered in opposition but did nOt speak
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council
ADOPTED Odinances upon application of ROSEMARY E. SMITH for Changes of Zoning
as per the following:
ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
R-8 R-6 (AS MODIFIED) Z0285956
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Rosemary E. Smith for a
Change of Zoning District Classification from AG-2
Agricultural District to R-8 R-6 (AS MODIFIED) Residential
District on certain property To-cated 250 feet more or less
south of London Bridge Road, 540 feet more or less west of
Hunts Neck Trail. Said parcel contains 5.5 acres more or
less. Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO
R-8 R-6 (AS MODIFIED) Z0285957
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Rosemary E. Smith, for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to R-8 R-6 (AS MODIFIED) Residential
District on certain property located 650 feet more or
less south of London Bridge Road, 650 feet more or less
west of Hunts Neck Trail. Said parcel contains 7 acres
more or less. Plats with more detailed information are
available iii the Department of Planniiig. PRINCESS ANNE
BOROUGH.
A N D,
February 11, 1985
- 18 -
Item II-H.6
PLANNING ITFM # 23204 (Co-ti-.ed)
ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO
B-2 R-6 (AS MODIFIED) Z0285958
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Rosemary E. Smith, for a
District Classification from R-3 Resi-
tential District to
R-6 Residential Dist,ict (AS MODIFIED) on certain
r-P-@ty located . t@. .0-Uth side of Loiidon Bridge
Road, 500 feet more or less west of Hunts Neck Trail.
Said parcel contains 2 acres more or less. Plats with
more detailed information are available in the Departme.t
Of Planning. PRINCESS ANNE BOROUGH.
The following condition shall be req,ired:
1. The applicant has voluntarily agreed to submit
a deed restriction limiting the desity to 3
dwelling units per acre, to be re,,,rded in the
Office of the Clerk of the Circuit Court.
These Ordinances Shall be effective upon the date of adoptioj,.
Adopted by the Council of the City of Virginia Beach, Virginia, o, the
Eleventh da@ of FebruarY, Nineteen Hundred and Eighty-five,
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, R,bert E. Fentress, Mayor
Harold Heischober, Barbara M. Healey, H. Jack Jenaings, Jr.,
Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
COuncil Members Absent:
None
February 11, 1985
- 19 -
Item II-H.7
PLANNlNG ITEM # 23205
Attorney Gleii Croshaw represented the applicant and conveyed their request
this application by AMENDED TO 0-1 and one further restriction of having only
one curb cut on the site will be added.
Lou Pace, representing Virginia Beach Civic Coalition and resident of Hunt
Club Forest, spoke in opposition
Janice Barber, Vice President of Red Mill Farms Civic Association, spoke
in opposition
A MOTION was made by Vice Mayor McClanan, seconded by Councilman Baum to
DENY an Ordinance upon application of VIRGINIA S. GODWIN AND LEIGH S. HUSTON
for a Change of Zoning from AG-2 Agricultural District to B-2 Community
Business District on a 37,732.885-square foot parcel located on the south side
of Old Dam Neck Road adjacent to Oceana Boulevard (Princess Anne Borough)
A SUBSTITUTE MOTION was made by Councilman Louis Jones, seconded by Councilman
Fentress, to ADOPT an Ordinance upon application of VIRGINIA S. GOODWIN
AND LEIGH S. HUSTON for a Change of Zoning from AG-2 Agricultural District
to 0-1 Office District (AS AMENDED) on a
37,732.885-square foot parcel located on the south side of Old Dam Neck
Road adjacent to Oceana Boulevard (Princess Anne Borough)
Voting: 5-6 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
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:
John A. Baum, Nancy A Creech, Mayor Harold
Heischober, Barbara M. Henley, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndarf
Council Members Absent:
None
February 11, 1985
- 20 -
Item II-H. 7
PLANNING ITEM # 23205 (Continued)
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
DENIED an Ordinance upon application of VIRGINIA S. GODWIN AND
LEIGH S. HUSTON for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF VIRGINIA S. GODWIN AND
LEIGH S. HUSTON FOR A CRANGE OF ZONING DISTRICT
CLASSIFIFICATION FROM AG-2 TO B-2
Ordinance upon application of Virginia S. Godwin and
Leigh S. Huston, for a Change of Zoning District Classi-
fication from AG-2 Agricultural District to B-2 Community
Business District on certain property located on the east
side of Oceana Boulevard, south of Old Dam Neck Road.
Said parcel is located at 1097 Old Dam Neck Road and
contains 37,732.885 square feet. Plats with more de-
tailed information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold
Heischober, Barbara M. Henley, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
Robert E. Fentress, H. Jack Jennings, Jr.,
Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
February 11, 1985
- 21 -
Item II-I.1
RESOLUTIONS ITEM # 23206
Upon motion by Councilman McCoy, seconded Councilwomaii Oberndorf, City
Council ADOPTED the following:
RESOLUTION INVITING AND ENCOURAGING THE NEWPORT NEWS
REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL
REVENUE BONDS IN THE AMOUNT OF $6,500,000 FOR THE
BENEFIT OF BRANDYWINE ASSOCIATES.
Bradywine Associates desires to develop a 172-unit residential rental
apartment project on 9.2 acres located at the southwest corner of Baker
Road and Lake Edward Drive. The staff has determined that this property
is zoned A-2.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, 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
February 11, 1985
21a
SUM"Y SHELPT
CITY OF VIRGrmiA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE 13OND TO BE ISSUED
BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME: Brandywine Associates Project
9.2 acres at the Southwest Corner of
2. LOCATION: Baker Road and Lake Edward Drive
Virginia Beach, Virginia
3. DESCRRPTION Of PROJECT: 172-Unit Residential Rental Apartment
Project
4. AMOUNT OF BOND ISSUE: $6@500,000
S. PRINCIPALS: GENERAL PARTNERS: Amurcon Corporation of Virginia
Robert W. Schaberg
Barton M. Berman
LIMITED PARTNERS: Robert-W. Schaberg
Barton M. Berman
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Fcoperty A-3
b. Is rezoning proposed? Yes No XX
c. If so, to what zoning
classification? N/A
The purpose of this Resolution is to encourage the Newport
News Redevelopment and Housing Authority to issue its Special
Revenue Bonds for the benefit of Brandywine Associates.
February 11, 1985
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: January 22, 1985
TO: THE CITY COUNCIL OF VIRGINRA 3EACH, VIRGINIA
PROJECT NAME: Brandywine Associates Project
TYPE OF FACILITY: 172-unit Rental Apartment Project
1. MaxiMum amount of financing sought $6,500,000
2. Estimated taxabl* valut of the facility's
real prop*rty to be constructed in tho
municipality $6,500,000
3. Estimated real proporty tax per year
using pr*sent tax rates $41,500
4. Estimated personal proptrty tax per
year using pres*nt tax rates S N/A
5. Estimated merchants' capital (business
license) tax per yoar using present tax
rates $ N/A
6. Estimatod dollar value per year of goods
and servic*s that will b& purchased
locally $300,000----
7. Estimated numb*r of regular employees on
year round basis 3
8. Average annual salary per employe* $12,000
The information contain*d in this Statement is based solely
on facts and astimat*s provided by tho Applicant, and the
Authority has made no independent investigation with repoct
thereto.
City of Virginia Beach
Devolopment Authority
By CFai-rmiE--
PROJECT NA14E: Brandywine Associates Project
PROJECT ADDRESS: 9.2 Acres at Southwest Corner of Baker Road
and Lake Edward Drive
TYPE OF PROJECT: 172-Unit Residential Rental Apartment
RESOLUTION
WHEREAS, Brandywine Associates, a Virginia limited
partnership (the "Developer") desires to construct housing
in the City of Virginia Beach, Virginia (the "City"); and
WHEREAS, the City wishes to induce the construction of
such housing in order to provide needed apartment dwellings;
and
WHEREAS, the Developer desires to finance the
construction of said housing with the proceeds of industrial
development revenue bonds exempt from taxation pursuant to
103(b)(4)(A) of the Internal Revenue Code; and
WHEREAS, the Newport News Redevelopment and Housing
Authority (the "Authority") has the power to make loans for
assistance in housing construction and is willing to issue
bonds for the benefit of the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need tor tbe Authority to exercise its
aforesaid powers within the City for the purposes
hereinabove described, and the Authority is invited and
encouraged to issue its bonds for the benefit of th,
Developer and the furtherance of said purposes.
2. These resolutions shall not be deemed an
endorsement of said bonds or the creditworthiness of the
Authority, the Developer, or any other person or entity, and
the bonds shall provide that the City shall not be obligated
to pay the bonds or the interest due thereon or other cost,
incident thereto, and neither the faith and credit nor the
taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
February
Adopted this day of #2y. 1985.
2
February 11, 1985
- 22 -
Item II-1.2
RESOLUTIONS ITEM # 23207
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council ADOPTED a Resolution in support of a proposal by the NATIONAL LEAGUE
OF CITIES on RATE REGULATION OF CABLE TELEVISION.
This Resolution shall be forwarded to the FEDERAL COMMUNICATIONS COMMISSION
and the NATIONAL LEAGUE OF CITIES.
Voting: 8-3
Council Members Voting Aye:
Nancy A. Creecht Robert E. Fentress, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jolies,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Mayor Harold Heischober, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
*Verbal Aye
February 11, 1985
- 22a
REQUESTED BY: COUNCILMAN ROBERT G. JONES
RESOLUTION IN SUPPORT OF A PROPOSAL
BY THE NATIONAL LEAGUE OF CITIES ON
RATE REGULATION OF CABLE TELEVISION
WHEREAS, the Cable Communications Policy Act of 1984 sets
up standards which affect the manner by which cities may requlate
the rates charged for basic services; and
WHEREAS, the Notice of Proposed Rulemaking issued by the
Federal Communications Commission contains provisions that would
preclude rate regulation in systerns which serve over 72% of the
nation's cable television subscribers; and
WHEREAS, the National League of Cities, on behalf of cities
which have granted cable franchises, has proposed a dif.@erent
method which would allow a city to regulate rates for basic
service unless the city is served by: (1) five or more over-the-
air stations, including affiliates of each of the major television
networks, an independent commercial station, and an educational
or public broadcasting station; and (2) an economically-viable
competitor which provides at least five channels of multi-channel
service; and
WHEREAS, the City of Virginia Beach is not served by an
economically-viable competitor and, therefore, if the proposal
by NLC were adopted, the City would be able to continue to engage
in rate regulation for the provision of basic service;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT it strongly endorses the proposal by
the National League of Cities and calls upon the FCC to adopt the
comments proposed by NLC in order to provide that cities may
continue to regulate rates in cities where effective competition
does not exist.
ADOPTED THIS 11 DAY OF Febritary 1985.
February 11, 1985
- 23 -
Item II-J.
CONSENT AGENDA ITEM # 23208
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED in ONE MOTION ltems 1 through 11 of the CONSENT AGENDA.
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
February 11, 1985
- 24 -
Item II-J.1
CONSENT AGENDA ITEM # 23209
Upon motion by Councilwoman Creech, Seconded by Councilwoman Oberndorf, City
Council ADOPTED a RESOLUTION IN PECOGNITION:
Harry M. Carter, Jr.
Member
Transportation Safety Commission
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
February 11, 1985
- 24a
RESOLUTION OF APPRECIATION
TO
HARI?Y M. CARTER, JR.
WHEREAS: Harry M. Cazter, Tr. sez-ved as a member of the
Transportation Safety Commission, he has served willingly and
untiringly in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved peraonal sacrifices and
inconveniences, not only to him but frequently to his famity.
We trust much satisfaction waa reatized in successfully
admini8tering in this advisory capacity--not only to City
Council but also to the citizens of this fast-growing metro-
polis. Advisors and Volunteera @e saved the City untold
dol@s, but, more importantly, our successful growth depends
upon them. His footpz-ints in the sands of time witt tong
reflect the tremendous strides of his service.
NCW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council here assembled pauses in its deliber-ations to
express pride in and deepest gratitude for this service to
HARI?Y M. CARTER, JR.
BE IT FURTHER RESOLVED: That thie Resolution be framed
for presentation with a copy spread upon the Minutes of this
Format Session of Virginia Beach City Council this Eteventh
day of February, Nineteen Hundred Eighty-Five.
ha,,d @ seal,
Mago-rl
February 11, 1985
- 25 -
Item 11-J. 2
CONSENT AGENDA ITEM # 23210
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Councii ADOPTED a RESOLUTION IN RECOGNITION:
Helen Dungee
Member
Virginia Areawide Model Program
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Mrs. Dungee advised the correct spelling of her name is Helma. The correct
name of the organization is Southeastern Virginia Areawide Model Program.
February 11, 1985
- 25a
RESOLUTION OF APPRECIATION
TO
HELEN DUNGEE
WHEREAS: Helen Dungee served as a member of the South-
eastez-n Virginia Areawide modet Program for ten years, she
has served willingly and untiringly in behalf of the City of
Virginia Beach;
WHEREAS: Throughout these years, her dedication and
unselfish service have involved personal sacrifices and
inconveniences, not only to her but frequently to her famity.
We trust much satisfaction waa reatized in auccessfully
administering in this advisory capacity--not only to City
Council but also to the citizens of this fast-growing metro-
polis. Advisors and Volunteers have saved the City untold
dollars, but, more importantly, our succesefut growth depends
upon them. Her footpz-ints in the sands of time will tong
reflect the tremendous strides of her service.
NOIW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Councit here assembled pauses in its deliberationa to
express pride in and deepest gratitude for these years of
service to
HELEN DUNGEE
BE IT F[IRTHER RESOLVED: That this Resolution be framed
for presentation with a copy spread upon the Minutes of this
Format Session of Virginia Beach City Council this Eleventh
day of February, Nineteen Hundred Eighty-Five.
un my @ia?u
February 11, 1985
- 26 -
Item II-J.3
CONSENT AGENDA ITEM # 23211
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a RESOLUTION IN RECOGNITION:
A. Lee Lively
Member
Arts and Humanities Commission
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
February 11, 1985
- 26a
RESOLUTION OF APPRECIATION
TO
A. LEE LIVELY
WHEREAS: A. Lee Lively sezved as a member of the Arts
and Humanities C@ssion for five yeara, he has served
willingly and untiringly in behatf of the City of Virginia
Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and
inconveniences, not only to him but frequently to his famity.
We tz-ust much satiefaction was reatized in auccessfutly
adminiatering in this advisory capacity--not only to City
Council but atso to the citizens of this fast-groving metro-
polis. Advisors and Volunteers have saved the City untold
dotLars, but, more importantly, our successful growth depends
upon them. Hia footprints in the sands of time will tong
reftect the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council here assembled pauses in its delibez-ations to
express pride in and deepest gratitude for these years of
8ervice to
A. LEE LIVELY
BE IT FURTHER RESOLVED: That this Resolution be frwned
for presentation with a copy spr@ upon the Minutes of this
Format Session of Virginia Beach City Councit this Eleventh
day of February, Nineteen Hundred Eighty-Five.
oil
February 11, 1985
- 27 -
Item II-J.4
CONSENT AGENDA ITEM # 23212
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a RESOLUTTON IN RECOGNITION:
Harry Sandler
Member
Development Authority
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
February 11, 1985
- 27a
RESOLUTION OF APPRECIATION
TO
HARRY SANDLER
WHEREAS: Harry Sandler served as a member of the
Development Authority, he has served @llingly and untiringly
in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and
inconveniences, not onty to him but frequently to hi8 famity.
We trust much sati8faction was realized in suocesafully
administeiqng in thi8 advisory capacity--not only to City
Council but also to the citizens of this fast-growing metro-
polis. Advisors and Volunteers have saved the City untold
dottars, but, more importantly, our successful growth depends
upon them. His footprints in the sands of time will tong
reflect the tremendous strides of his service.
NCW, THEREFORE, BE IT RESOLVED: That the Vi@qinia Beach
City Council here assembled pauses in its deliber-ations to
express pride in and deepest gratitude for thie Bervice to
HARRY SANDLER
BE IT FURTHER RESOLVED: That this Resolution be frwned
for presentation with a copy spread upon the minutes of this
Formal Session of Virginia Beach City Council this Eteventh
day of February, Nineteen Hundred Eighty-Five.
hand and seal,
Y@r
February 11, 1985
- 28 -
Item II-J.5 & 6
CONSENT AGENDA ITEM # 23213
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED RESOLUTIONS IN RECOGNITION to:
Lt. J. D. Hicks
Bruce Payne
These RESOLUTLONS recognized the "LIFE-SAVING ATTEMPTS" of the above gentlemen
in connection with the Life-Saving Attempt of 5-year Clarence Neely, 1II
on Thursday, January 24, 1985.
Vatiiig: 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
February 11, 1985
- 28a -
RESOLUTION
LIFE-SAVZNG ATTEMPT
WHEREAS: On Thursday, January 24, 1985, 5-year old Clarence Neely
XXX, son of Mr. and Mrs. Clarence Neely 11, 5700 block of Accomac
Square, Virginia Beach, was playing with other children in an area to
the rear of an apartment complex in the D@ond Springs area when he
began shoe-skating on the ice. The ice broke and Clarence fell In.
His 8-year old brother, Dametrius, and a friend, Marvin Rocd, plunged
Into the icy,waters In an effort to rescue Clarence. They managed to
pull themselves free and ran for help. A neighbor, Clara Baldwin,
called the emergency rescue squad. Reginald Johnson and Bruce Pa!;ne,
students at ECPX Computer School, heard that a child from their
neighborhood had fallen into Lake Whitehurst and ran to the shoreline.
Clarence's mother pleaded for help to save her small son. Payne and
Johnson went onto the Ice and they, too, fell Into the depths of the
lake. As they struggled, Chesapeake Firef.Lghters arrived and Lt. J. D.
Hicks tied a rope around himself, gave the anchor end to someone on the
shore and slid onto the Ice on his chesti
WHEREAS: Rescue efforts were hampered by the thin ice covering
the @e and the extreme cold weather. At approximately 5:00 p.m., Lt.
Hicks pulled Bruce onto the broken Ice. Jo@on pushed Payne forward
within reach of the rescuers and then slipped underneath and drowned.
At 5:27 p.m. the body of Clarence Neely ill was pulled from the water,
adm@stered mouth-to-mouth resuscitation and taken by ambu@ce to
Humana Bayside Hospital where he was pronounced dead at about 7:25 p.m.
Bruce Payne was treated at the hospital and later released; and
WHEREAS:
The clock of life Is wound but once,
And no man has the power--
To tell just when the hands will stop,
At late or early hour.
Wbat do we live for? Xs It not to make life less difficult for each
other and give purpose to our own?
NOW, THEREFORE, BE IT RESOLVED: That In recognition of his brave
and unselfish conduct during this life saving event, the Virginia Beach
City Council does publicly recognize
Lt. J. D. H I C K S
for hls expedient efforts and thank him for the saving of another
citizen's life.
Given under my hand and seal
this Eleventh day of February,
Nineteen Hundred Eighty-Five.
Mayor
February 11, 1985
28b
RESOLUTZON
LZPB-SAVZNG ATTExpr
NWEREAS: On Thursday, January 24, 1985, 5-year old Clarence Neely
xzxl son of Mr. and Mrs. Clarence Seely XX, 5700 b@k of Acconac
Square, Vlrginia Beach, vas playing vith other children In an area to
the rear of an apartment complex in the Diamond Springs area when he
began shoe-skating an the Ice. T!be ice broke and Clarence fell In.
His 8-year old brother, Dometrlus, and a friend, Marvin Hood, plunged
.into the Icy vaters in an effort to rescue Clarence. rhey managed to
pull themselves free and ran for help. A neighbor, Clara Baldwin,
called the emergency rescue squad. Reginald Johnson and Bruce Payne,
students at SCPZ Computer School, heard that a child from their
neighborhood had fallen into Lake Whitehurst and ran to the shoreline.
Clarence's mother pleaded for help to save her small son. Payne and
Tohnson vent onto the Ice and they, too, fell Into the depths of the
@e. As they struggled, Chesapeake Firefi!7hters arrlved and Lt. J. D.
Hicks tied a rope around himself, gave the anchor end to someone on the
shore and slid onto the Ice on his chest;
NERREAS: Rescue efforts vere hampered by the thin ice coveringr
the lake and the extreme cold weather. At approximately 5:00 p.m., Lt.
Hicks pulled Bruce onto the broken ice. Johnson pushed Payne forward
vithin reach of the rescuers and then slipped underneath and drowned.
At 5:27 p.m. the body of Clarence Neely XXX vas pulled from the vater,
administered mouth-to-mouth resuscitation and taken by ambulance to
Humana Dayside Hospital vhere he was pronounced dead at about 7:25 p.m.
Bruce Payne was treated at the hospital and later released; and
NERREAS:
The clock of life is wound but once,
And no man has the powez--
To tell just when the hands vill stop,
At late or early hour.
Nhat do ve live for? Xs it not to make life less difficult for each
other and give purpose to our own?
NOW, THEREFORE, BE XT RESOLVED: That In recognition of his brave
and unselfish conduct during this emergency situation and unfor@ate
incident, the Virginia Beach City Council publicly recognizes
B R U C E P A Y N B
for his courageous action and thanks him for acting "beyond the call to
duty' in the best tradition of Virginia Beach.
Given under my hand and seal
thls Eleventh day of rebruary,
Nineteen Hundred Eighty-Five.
mayor
February 11, 1985
- 29 -
Item II-J.7
CONSENT AGENDA 1TEM # 23214
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution authorizing the City Manager to execute agreements
of lease for the GREEN RUN FARM with the City of Norfolk and NEWMAN BROTHERS.
Newman Brothers submitted a bid for the sublease in the amount of $10,560.
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. Obertidorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1985
29a
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREE.14ENTS OF
LEASE FOR THE GREEN RUN FARM
WHEREAS, since 1973, Virainia Beach has
leased from the City of Norfolk a 100 acre tract
of land in the Green Ruh Farm area adjacent to
Princess Anne Park, and
WHEREAS, Virginia Beach, in turn, has
subleased this property to a local farmer, based
upon a competitive bid, and
WHEREAS, the current lease and sublease expire
on January 30, 1985, and the following bids have
been received for the sublease for the Deriod
January 31, 1985 to January 30, 1990:
Bidder Annual Lease Ainount
Newinan Brothers $10,560
Charles W. Shirley 8,000
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH that the high bid of
Newman Brothers in the annual lease amount of $10,560
is hereby accepted and the City Manager is hereby
authorized to enter into the necessary agreements
of lease with the City of Norfolk and Newinan Brothers
for the Norfolk owned Droperty in the Green Run
Farm Area.
This resolution shall be effective from the
date of its adoption.
Ado-Dted by the City Council of the City of
Virginia Beach, Virginia on the 11 day of
February 1985.
February 11, 1985
AGREEMENT OF LEASE
THIS AGREEMENT OF LEASE, made this day of
19_, by and between the CITY OF NORFOLK, a municipal
corporation of the State of Virginia, hereinafter called
"Lessor," and the CITY OF VIRGINIA BEACH, hereinafter called
'Lessee.'
WITNESSETH, that the Lessor lets unto the Lessee all
that certain property containing 100 acres, more or less, being a
portion of the land referred to as the 'Green Run Farm," located
in the City of Virginia Beach, and more particularly shown on the
plat attached hereto and made a part hereof.
The above letting is on the following terms and
conditions:
1. This lease shall commence on January 31, 1985, and
expires on January 30, 1990, at midnight.
2. Either party hereto may terminate this lease at any
time during the term of said lease by giving the other party
hereto written notice of at least six (6) months prior thereto.
The Lessor reserves the right to mail by ordinary mail said
notice to terminate lease, or to deliver said notice to the
Lessee or any authorized agent of Lessee. The Lessee accepts
these conditions as the legal means to cancel lease.
3. The rent for the entire term of this lease shall be
FIFTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($52,800.00). This
amount shall be known as the "full rental amount' and consist of
payments payable in equal installments of FIVE THOUSAND TWO
HUNDRED AND EIGHTY DOLLARS ($5,280.00) semi-annually on each
January 31 and September 1. Checks shall be made payable to the
City Treasurer, and mailed to the City Real Estate Agent, Room
407, City Hall, Norfolk, Virginia 23501.
4. The property shall be used exclusively for
agricultural purposes.
5. No timber shall be removed from the leased area
without the written consent of the Lessor, except for ordinary
maintenance of said land.
6. The Lessee shall have the right to sublease the
property under the same terms ahd conditions as contained herein
and, notwithstanding the provisions of Item 3 of this agreement,
may deduct advertising expenses related to such subleasing
activity from the rental payment amounts due to the Lessor.
7. The Lessee shall keep in full force and effect
public liability insurance in some company authorized to do
business in the State of Virginia, insuring the City of Norfolk
in the amounts of $100,000.00 for the death of or injury to any
one person in any one accident; $300,000.00 for the death of or
injury to more than one person in any one iccident; and
$25,000.00 for damage to or destruction of property in any one
accident against liability from any and all claims, actions and
suits that may be asserted or brought against the City of Norfolk
for any injury to or death of any person or persons or for any
damage to or destruction of property resulting from the
ownership, use, occupancy, repair, maintenance or upkeep of said
property. Evidence of such insurance shall be filed with the
Director of General Services, Room 304, City Hall Building,
Norfolk, Virginia 23501.
-2-
8. Any taxes imposed on this property will be the
responsibility of the Lessee.
IN WITNESS WHEREOF, the City of Norfolk has caused this
lease to be executed in its name and on its behalf by is proper
officer or officers, duly authorized; and the City of Virginia
Beach has caused the same to be executed in its name and on its
behalf by its proper officer or officers, duly authorized.
CITY OF NORFOLK
BY
ATTEST:
Approved as to Form and Content:
CITY OF VIRGINIA BEACH
BY
Thomas H. Muehle beck,
City Manager
ATTEST:
Ruth Hodges Smith,
City Clerk
cil,
APPROVED AS TO FORM
-3-
DEPAUMEW OF LAW
THIS AGREEMENT OF LEASE, made this Fifteenth day of
January -, 1985, by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "Lessor", party of the first part, and
Newman Brothers, 717 London Bridge Road, Virginia Beach, Virginia,
hereinafter referred to as "Lesseell, party of the second part.
W I T N E S S E T H:
That the Lessor, for and in consideration of the rent
and covenants and agreements to be kept and performed by the
parties hereto, agrees to rent, lease and farm-let, and does by
these presents hereby rent, lease and farm-let to the Lessee, and
Lessee does hereby accept said lease upon the terms and conditions
set forth herein, all that certain farm, tract or parcel of land,
together with the barns, buildings and appurtenances thereon
belonging, lying, situate and being in the City of Virginia Beach,
Virginia, and more particularly described as follows:
That parcel of land outlined in red designated
as 100.001 acres to be retained by City of
Norfolk, on that certain plat entitied "PLAT
OF GPEEN RUN FARM", owned by City of Norfolk,
Virginia, located in Seaboard Magisterial
District, Princess Anne County, Virginia,
dated December, 1959, and revised August,
1966, Prepared by Division of Surveys,
Department of Public Works, Office of the
Circuit Court of Virginia Beach, in Map Book
72, at Page 83, a copy of which is attached
hereto and made a part hereof.
THIS LEASE is conditioned upon the following terms,
conditions and covenants:
1. This lease is subject to the provisions of the leas,
of the subject property between the City of Norfolk and the
lessor, dated the day of , 19-.
2. This lease shall cormence on January 31, 1985, and
expire on January 30, 1990, at midnight.
3. It is understood and expressly agreed between the
Lessor and Lessee that this lease may be terminated by the Lessor
at any time during the term, upon t.he giving of thirty (30) days
written notice to the Lessee of the Lessor's intention to so
terminate.
4. Upon termination of the lease, or any part thereof,
prior to the end of the term, Lessor shall pay to Lessee a
mutually agreed upon sum for the unharvested crops thereon, and
Lessor shall refund any rent monies paid in excess of the actual
time of occupation under the terms of this lease to be determined
by twelve (12) months equally divided rental base.
5. The Lessee shall pay as rent for the said tract of
land or farm, together with the barns, buildings and
appurtenances thereon, a full rental amount of Fifty-Two Thousand
Eight Hundred Dollars ($52,800.00) payable as follows:
Four Thousand Seven Hundred Fifty-Two Dollars
($4,752.00) [5,280.00 less bid deposit of $528.001
on or before thirty (30) days from the date first
above written;
Five Thousand Two Hundred Eighty Dollars
($5,280-00) on or before August 31, 1985;
Five Thousand Two Hundred Eighty Dollars
(5,280.00) on or before January 31, 1986;
Five Thousand Two Hundred Eighty Dollars
($5,280.00) on or before August 31, 1986;
Five Thousand Two Hundred Eighty Dollars
($5,280-00) on or before January 31, 1987;
2 -
Five Thousand Two Hundred Eighty Dollars
($5,280-00) on or before August 31, 1987;
Five Thousand Two Hundred Eighty Dollars
($5,280.00) on or before January 31,1988;
Five Thousand Two Hundred Eighty Dollars
($5,280.00) on or before August 31, 1989;
Five Thousand Two Hundred Eighty Dollars
($5,280.00) on or before January 31, 1989;
Five Thousand Two Hundred Eighty Dollars
($5,280.00) on or before August 31, 1989.
In the event that the rental payment is not received on
the date/dates specified above, the Lessee hereby covenants and
agrees to pay a late fee equal to ten percent (10%) of the total
annual rent specified above. Lessor expressly reserves all
other rights and remedies provided herein and/or by law in
respect thereto.
6. 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.
7. Lessee agrees to protect and to hold Lessor harmless
from 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, judgments and recoveries for or on account of damage or
Injury, including death, to property or person occurring on the
leased premises.
S. Lessee shall not assign this lease agreement, or
sublet, or underlet the farm or parcel or any portion thereof
without the prior written consent of the Lessor.
9. Lessee agrees that he will manage and keep the land,
buildings and fences belonging to the hereinabove described farm
or tract in as good condition as they are at the corrrnencement of
this lease, unavoidable accidents excepted; Lessee further agrees
that he will deliver up possession of the said premises at the
end of said term of lease or upon earlier termination of said
lease as provided for in Section 3 above, in as good order and
condition as the same are now, unavoidable accidents as aforesaid
and reasonable wear and tear to the buildings excepted.
10. Lessee covenants that the property shall be used
only for agricultural purposes, and further covenants that no
timber shall be removed from the leased premises without the
written consent of the Lessor, except for ordinary maintenance
of said land.
11. The Lessee hereby authorizes an attorney at law to
appear in any court of record in the 5tate of Virginia, or any
other state in the United States, on default in the payment of
any installment due on the above obligation, and waive the
issuance and service of process, and confess a judgment against
the Lessee in favor of the Lessor hereof for the amount of rent
owed, together with costs of suit and reasonable attorney's fees,
and to release all errors and waive all right of appeal.
12. The Lessee hereby agrees that this lease shall be
terminated and all rights forfeited upon breach of any of the
foregoing conditions upon ten (10) days written notice of the
breach.
-4-
IN WITNESS WHEREOF, said Lessor and said Lessee have
executed this lease in duplicate originals, one of which is
retained by each of the parties, this day and year aforesaid.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
City Clerk @y Newman of
Newman Brothers
Approved As To Contents
F@ce Departme6l
Approved As To Form
Crty Attorney
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
1, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , City Manager, and RUTH HODGES
SMITH, City Clerk, for the City of Virginia Beach, Virginia whose
names as such are signed to the writing above bearing date the
- day of , 19 _ , have acknowledged the same
before me in my City and State aforesaid.
Given under my hand this - day of 19-.
Notary Public
My Commission Expires:
-5-
STATE OF VIRGINIA.
CITY OF to-wit:
a Notary Public in and
for the City and State aforesaid, do hereby certify that Guy
Newman of Newman Brothers, 717 London Bridge Road, Virginia Beach,
Virginia whose name as such is signed to the foregoing writing,
bearing date the day of 19@, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this 9 day of I 9
Notary Public
My Commission Expires:
-6-
- 30 -
Item II-J.8
CONSENT AGENDA ITEM # 23215
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution authorizing the City Manager to execute a cost
participation agreement with OFF-PRICE FACTORY MALL ASSOCIATES for SEWER
FACILITIES AT HILLTOP.
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
February 11, 1985
30a
A RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE A
COST PARTICIPATION AGREEMENT
WITH OFF-PRICE FACTORY MALL
ASSOCIATES FOR SEWER FACILITIES
AT HILLTOP
WHEREAS, Off-Price Factory Mall Associates is
desirous of developing land located at Hilltop in the
Lynnhaven Borough in accordance with the terms and
conditions of the city ordinances, and
WHEREAS, the city desires to enter into a cost
participation agreement requesting the developer to
engage in construction greater in scope than is
necessary for the project in order to provide sewer
service to customers outside the project limits, and
WHEREAS, the city's share of costs is estimated
at $3,064 for sewer improvements with such costs to be
charged to existing capital project #6-316 Various
Sewer Projects, and
WHEREAS, such construction at tbis time will
provide for future needs and prevent the city from
having to incur additional operating and maintenance
costs at a later date.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, that the City Manager is
hereby authorized to execute a cost participation
agreement with Off-Price Factory Mall Associates for
construction of sewer facilities at Hilltop. Said
agreement is attached hereto and the same is hereby
approved.
This resolution shall be effective from the
date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the 11 day of February , 1985.
February 11, 1985
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AMP@T, Made this day of
198-, by and between
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of Remaining Portion
of Parcel 2-A-1 (M. B. 1 1 1 , P.
and
WHEREAS, Owner ;is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREA,S, the City has requested that such construction be
greater in scope than is necessary to provide service to this
Project: and
@EAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is attached
hereto as Exhibit A.
2. The City shall make cash payment to Owner in the 4mount
of $ 3,064.00 after successful completion
of the System and acceptance thereof by the City in accordance
with Exhibit A.
3. The Ci.ty shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains,
laterals, pipes, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof,'the Owner at its sole cost shall defend the City
against such claims.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, at Owner's expense.
-2-
IN WITNESS WliEREOF, Off Price Factory Mall Associates I
------------
has caused its name to be herc,.iinto signed by @W th M. o
W@@
and tbe City of Virginia Beach, Virginia,
- - -------- - - - ----------
has caused its name to be lieretinto signed by
its City @liii;ti;er.
WITNESS the following signatures and seals.
APPROVED AS TO CotiTZ@..-7,i
SIGN-T-
APPROVL::
CITY OF VIRGINIA BEACH
CITY By
(UE:Ci-I-Ai-iFa Oe r@
ATTEST:
APPROVED AS TO CONTENTS: APPROVED AS TO FORM:
------Uf@Attornei
Depa
Utilities
each Gtnei
fb CAII
'$4 SEWER PIPE I PLACING
STING 8" SEWER PIPE
in
AVI 2
.0-WE AVI nn :ia
pi
PAD kwl
C--. C"IS-L
FOR OFF FLC70RY
Cji-l't-',,i7T '-!A.LL /T IIILL'IOP
@@o new service connec'@-@:ons are required with this cost
par'6icipation agreer.Lnt.
- 31 -
Item II-J.9
CONSENT AGENDA ITEM # 23216
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $175,000
from Fund Balance to Project 2-025 MASTER STREET AND HIGHWAY PLAN UP-DATE
for a Comprehensive Up-Date.
Voting: 11-0
Council Mernbers 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 C. 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
February 11, 1985
31a
AN ORDINANCE TO APPROPRIATE 6175,000
FROM FUND BALANCE TO
PROJECT 2-025 MASTER STREET AND HIGHWAY PLAN UPDATE
FOR A COMPREHENSIVE UPDATE
WHEREAS, the city staff realizes the need for a comprehensive update of
the Master Street and Highway Plan to analyze present and potential traffic flow
problems on city roads, and
WHEREAS, the city recently has completed negotiations with the con-
sulting firm of Harland-Bartholomew and Associates, Inc. for conducting a study
on the Master Street and Highway Plan and recommending solutions to traffic
congestion problems, and
WHEREAS, the cost of the consultant agreement is estimated at $175.000
and is to be financed from general fund balance,
NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA
BEACH that project 2-025 Master Street and Highway Plan Update is hereby
established as a capital project and that $175,000 is transferred from general
fund balance to the Engineering and Highways Capital Project Fund to finance the
update.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized to
execute the agreement with Harland-Bartholomew and Associates, Inc. for a study
on the Master Street and Highway Plan.
First Reading: February 4, 1985
Secottd Reading: February 11, 1985
Approved by the Council of the City of Virginia Beach on the 11 day
of February 1985.
February 11, 1985
L-1-ORDII
- 32 -
Item II-I-10
CONSENT AGENDA ITEM # 23217
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, CitY
Council APPROVED the following RAFFLE PERMIT:
BACK BAY WILDFOWL, INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1985
- 33 -
Item 11-1.11
CONSENT AGENDA ITEM # 23218
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing Tax Refunds upon application of
certain persons and upon certification of the Treasurer for payment in the
amount of $5,403.51.
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
February 11, 1985
FORM NO. C.A. 7 - 33a - 1/24/85 EML
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Rogelio B Mendez 84 pp 192633-7 11/16/84 160.98
Ann Marie Cole 84 pp 30046-1 6/5/84 102.78
Dale S Sodervick 83 pp 133148-1 6/5/83 21.30
Lawrence Huggins 82 pp 154984-4 5/11/84 42.56
Lawrence Huggins 83 pp 172599-2 7/19/84 42.56
Gordon Harper Auto Sales 84 pp 184153-4 12/5/84 185.64
Earl & Theora Hydeman 84 pp 187394-6 11/30/84 205.14
G & G Industries Ltd 84 pp 54811-4 6/5/84 95.76
Keith M Adams 84 pp 171892-7 12/5/84 8.22
Keith & Cheryl Adams 84 pp 171893-6 12/5/84 41.04
Larry E Walter 84 pp 159528-5 6/5/84 19.50
Mary C G Gary 85 RE(1/2) 33222-1 12/5/84 ',;49.16
Mary C G Gary 85 RE(1/2) 33223-0 12/5/84 530.80
Mary C G Gary 85 RE(1/2) 33224-9 12/5/84 1,332.41
Mary C G Gary 85 RE(1/2) 33225-8 12/5/84 64.00
Mary C G Gary 85 RE(1/2) .33226-7 12/5/84 224.00
Mary C G Gary 85 RE(1/2) 33227-6 12/5/84 220.00
G L Anspach 85 Dog V10475 1/14/85 5.00
Thomas Reilly 85 Dog V16405 1/17/85 5.00
Thomas Reilly 85 Dog V16407 1/17/85 5.00
Henry T Keeling 85 Dog V09812 1/8/85 7.00
James Prevette 85 Dog V15837 1/10/85 5.00
Suzanne Brooks N/A Adm. Fee N/A 11/21/84 ir.00
Lynn H Conkwright N/A Pkng 71569 1/9/85 20.00
William C Jones N/A Pkng 80656 11/21/84 15.00
c-
Total 3,922.85
JAN
@ 'C. G'-r- LA, W
This ordinance shall be effective from date of adoption.
The above abatemenqs) totaling C-It y
SI-92?.85 were approved by
the Council of the City of Virginia
Beach on theII day of February
1985 Johl T. Atk@so@ Ti@a@urer
Approv@d as
Ruth Hodges Smith
City Clerk
ale Bimson, City Attorney
FORM NO. C.A. 7 - 33b
1/31/85 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 following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:t,, Penalty lnt. Total
Y ear of Tax Number tion No. p id
D L Peterson Trust 84 pp 36069-0 6/5/84 204.78
D L Peterson Trust 84 pp 36020-8 6/5/84 191.28
Jill A Muntz 84 pp 193789-7 11/29/84 30.00
Adam A Kippes 83 pp 79467-9 5/23/83 125.28
Adam A Kippes 84 pp 189174-8 11/29/84 111.00
Rebecca A Guard 84 pp 62676-1 6/5/84 247.50
Dive Scan Inc 83 pp 38276-6 11/16/84 90.02
Jennifer L Kent 84 pp 188945-8 11/30/84 105.78
Theodore Batt 85 Dog V16512 1/28/85 7.00
Anne D Kenyon 85 Dog V16366 1/17/85 5.00
Total 1,117.64
FEB i
DEPT- OF LAW
This ordinance shall be effective from date of adoption.
b,
T.7- above batement(s) totaling
,'l 17 .e4 -ere approved by
the Council of Pe City of Virginia
Beach on the '-' day of e,5ruary.
1985
App5oved
t')
Ruth Hodges Smith
City Clerk
Dale Bimson, City Attorney
February 11, 1985
- 33c -
FORM NO. C.A- 7 1/25/85 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 following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Dat*
Y ear of Tax Number tion No. Pai d Penalty I nt. Total
Raymond & Amanda Tranchant 85 RE(2/2) 92026-5 12/5/84 363.02
Total 363.02
28 L%5
Dl!". OF LAW
This ordinance shall be effective from date of adoption.
Th@3abOvoe2abatemenqs) totaling
63. @.ere approved by Certi s to p
the Council of the City of Virginia
Beach on the I 1 day of ebruar@
1985
form:
Ruth Hodges Smith
City Clerk 7-
City Attorney
- 34a -
Mayor Heischober ANNOUNCED the appointments of the Five (5) BOND REFERENDUM
COMMITTEES:
1985 CORRECTIONAL CENTER BOND REFERENDUM COMMITTEE
Councilman John A. Baum
Mrs. Judy Conners
Mr. Andrew Fine
Mr. F. Thomas Holland
Mr. Garland L. Isdell
Reverend John H. Jordan
Mr. H. Rives King (Chairman)
Councilwoman Meyera E. Oberndorf
Mr. Donald Rhodes
Sheriff S. J. Smith
Colonel John T. Sprague, Jr.
Mr. Richard J. Webbon
1985 SCHOOL BOND REFERENDUM COMMITTEE
Mr. Thomas Barton
Mr. James R. Bergdoll
Ms. Scottie Breed
Mr. Robert H. Callis, Jr.
Councilwoman Nancy A. Creech
Mr. Robert H. DeFord, Jr. (Chairman)
Mr. F. Gordon Harper
Councilwoman Barbara Murden Henley
Mr. Danny J. Michaels
Mr. William Schlimgen
Dr. Duncan S. Wallace
Dr. Roy A. Woods
1985 HIGHWAY BOND REFERENDUM COMMITTEE
Mr. Robert W. Clyburn
Mr. David Eckhardt
Mr. James N. Fletcher
Ms. Dorcas Helfant (Chairperson)
Mr. Issac Herbert
Mr. Edward H. Heuer
Councilman Robert G. Jones
Mr. Dan Kensill
Councilman J. Henry McCoy, Jr., D.D.S.
Mr. J. Curtis Payne
Mr. Robert Stanton
Mrs. Dorothy Sturtridge
1985 WATER AND SEWER BOND REFERENDUM COMMITTEE
Mr. Daniel Arris (Chairman)
Mr. Richard S. Browner
Mr. Robert Carter
Mr. F. Reid Ervin
Councilman Robert E. Fentress
Mr. Richard Guy
Councilman Jack Jeniiings
Mr. Michael Katsias
Mr. Aaron A. Parsons
Mr. R. Bradshaw Pulley
Mr. Donald F. Reid
Mr. Dean Williams
STEERlNG COMMITTEE - CITIZEN REPRESENTATIVES
Mr. Daniel Arris
Mr. Robert H. DeFord, Jr.
Ms. Flo Haynie
Mayor Harold Heischober
Ms. Dorcas Helfant
Mr. Sam Houston
Councilman Louis R. Jones
Mr. Gary Kennedy
Mr. Rives H. King
Vice Mayor Reba S. McClana,
- 35 -
Item II-L. 1
NEW BUSINESS ITEM # 23220
HAMPTON ROADS STADIUM
Brad Face, representing "FUTURE OF HAMPTON ROADS, INCORPOPATED", presented
th, concept for a HAMPTON ROADS STADIUM.
The Hampton Roads area is the largest market in the Country without access
to a major league team; therefore, a recommendation was made to all localities
in Hampton Roads that a professional research project be undertaken to determine
if the area could afford to build a stadium locally and whether the benefits of
such a project would be worth the expense. Five sites have been proposed by
the Cities of Newport News, Portsmouth and Suffolk; however, the consultant
has been specifically instructed to study any site in the Hampton Roads area
that would be feasible. The participation of every locality in the region
is welcome. Six official responses have been received from Councils and
Boards of Supervisors of the area. All have been POSITIVE.
A funding formula based on population has been submitted to area Mayors and
Managers. This formula is based on four cents per capita for the cities
and counties which have NOT proposed sites and eight cents per capita for
the cities who will be guaranteed a site analysis based on their earlier pro-
posals.
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council APPROVED the concept for a REGIONAL STADIUM and authorized the City
Manager to prepare the appropriate Ordinance for FIRST & SECOND READINGS and
the appropriation of the Four Cents Per Capita ($12,000) participation in the
Study being proposed by "Future of Hampton Roads, Incorporated".
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. Oberridorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 11, 1985
- 36 -
Item II-L.2
NEW BUSINESS ITEM # 23221
VIRGINIA BEACH CONGREGATION OF
JEHOVAH'S WITNESSES
Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City
Council scheduled CONSIDERATION at the February 25, 1985, City Council
Meeting of the following:
Request of VIRGINIA BEACH CONGREATION OF JEHOVAH'S
WITNESSES for an amendment to a Conditional Use
Permit approved July 5, 1983.
The Conditional Use Permit had stated said parcel contained 3.11 acres.
Due to right-of-way dedications on Pritchard Road and Marlene Street,
the aforementioned parcel now contailis 2.82 acres set aside for a
Church. The applicant has requested same be AMENDED to reflect this
change in acreage.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jenniiigs, 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
February 11, 1985
3 7
Item II-L.3
NEW BUSINESS ITEM # 23222
VIRGINIA DEPARTMENT OF
HIGHWAYS AND TRANSPORTATION
As per the request of State Urban Engineer, Jim Skeens, a listing of projects
and budgetary estimates was prepared by representatives from Traffic Engineering,
Engineering, Public Works and Planning . Jim Skeens had requested the identi-
fication of $17-20 Million of additional road projects for the Virginia De-
partment of Highways and Transportion future construction.
Projects proposed are as follows:
Rudee Inlet Bridge $ 8,ooo,ooo
Oceana Boulevard 11,300,000
Dam Neck Road - Phase 1 9,300,000
Independence Boulevard - Phase IV 5,600,000
Ferrell Parkway - Phase IV 11,000,000
Indian River Road - Phase 11I 6,000,000
Northampton Boulevard - Phase II 4,900,000
Maps of these Project Sites are hereby made a part of the proceedings.
Councilman McCoy advised the MAYOR'S AD HOC COMITTEE ON TRANSPORTATION officiaily
supports the Bond Referendum . This Committee wishes to meet with the Consultant
for the MASTER STREET AND HIGHWAY PLAN upon his arrival and has forwarded a
letter to the General Assembly ENDORSING the Joint Subcormnittee to be appointed
to study the transportation needs in Southampton Roads.
The MAYOR'S AD HOC COMMITTEE ON TRANSPORTATION reviewed each of the aforementioned
Road Projects. The Committee highly endorses the first four; however, there was
some thought that perhaps funds for the Rudee I,l,t Bridge Project could be
derived from elsewhere.
Vice Mayor McClanan referenced London Bridge Road. As a commitment has bee, made
this particular project should not be forgotten.
February 11, 1985
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February 11, 1985
- 38 -
Item II-L.4
NEW BUSLNESS ITEM # 23223
1984-85/1988-89
CIP
The City Manager presented the 1984-85/1988-89 CAPITAL IMPROVEMENT PROGRAM.
Councilwoman Henley requested the Staff forward copies of the CIP to Members
of the School Baord, as well as Members of the Planning Commissioll.
Lou Pace, resident of Hunt Club Forest and representing Virginia Beach Coalition
of Civic Leagues, spoke concerning inclusion of London Bridge Road in the
Capital Improvement Program, Independence Boulevard being under the Referendum
Bond Portion of the CIP, and the $7.9 Million necessary to build Pungo Ferry
Road Bridge.
Councilman Jennings inquired when Staff would be joining together capital
improvement programs with planriing items to enable a better forecast. The
City Manager responded same would commence with the March Agenda.
February 11, 1985
- 39 -
Item II-L.5
NEW BUSINESS ITEM # 23224
CAPITAL PROJECT STATUS REPORT
Period ending December 31, 1984
The @ITAL PROJECT STATUS REPORT for Period Ending December 31, 1984, was
distributed to City Council (a copy of same is hereby made a part of the
record).
Mayor Heischober noted the high percentage of financing the City has
accomplished through CHARTER BONDS as opposed to the REFERENDUM route.
February 11, 1985
- 40 -
Item II-L.6
NEW BUSINESS ITEM # 23225
RESOLUTION TO ESTABLISH
A COMMISSION TO STUDY
ADD-ON
A RESOLUTION was introduced by Councilmen Robert G. Jones and H. Jack Jennings,
Jr., to establish a COMMISSION on LOCAL GOVERNMENT to study in depth the
composition and organizatiori of the City's form of government and make re-
commendations. In conducting the study, the Commission shall address the following
matters:
1. Whether or not the size and organization of City Council should
be changed.
2. Whether or not the formula for the representation on Council of
geographical areas of the City should be changed.
3. Wbether or not the Mayor should be elected by the City Council
or directly by the voters.
4. Whether or not the City should have a City Manager form of
government or some other form of goveriiment.
BY CONSENSUS, City Council scheduled further discussion for the City Council Meeting
of February 25, 1985.
February 11, 1985
40a
Requested by: Councilman H. Jack Jennings, Jr.
Councilman Robert G. Jones
RESOLUTION
WHEREAS, The City of Virginia Beach was created under its present charter on
January 1, 1963, which charter established the current organization of City Council
and city government;
WHEREAS, since January 1, 1963, the City of Virginia Beach has grown in
population from approximately 160,000 citizens to over 300,000 citizens, and is projected
to grow to a city of over 450,000 by the turn of the century;
WHEREAS, members of the public have from time to time expressed concern
regarding the size and organization of City Council and whether or not there should be
a direct election of the Mayor of the City;
WHEREAS, the City Council of the City of Virginia Beach desires that the public
be served by its local government in a manner that is most responsive to the present
and future needs of the City and most effective in the economical and efficient operation
of local government; and
WHEREAS, the City Council believes that a thorough examination of the structure
of local government is timely and that a study of it should be undertaken by a group
of local citizens as objectively as possible and without regard to partisanship, but with
due regard for promoting the pubiic interest and welfare of the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Virginia Beach establish a Commission on Local Government to study in depth the
composition and organization of the city's form of government and make recommendations,
if it deems desirable, for alterations or modifications. In conducting the study the
Commission shall address the following matters, and such other matters as may be
deemed necessarily related:
1. Whether or not the size and organization of City Council should be changed.
2. Whether or not the formula for the representation on Council of
geographical areas of the City should be changed.
3. Whether or not the Mayor should be elected by the City Council or directly
by the voters.
4. Whether or not the City should have a city manager form of government,
a strong mayor form of government, or soine other form of government.
The Commission shall be comp(?sed of a chairperson and six members, and shall
make its report and recommendations to City Council on or before August 5, 1985.
Adopted this day of February, 1985.
February 11, 1985
- 41 -
Item IT-M.
RECESS FOR COUNCTL
APPOINTEE EVALUATION ITEM # 23226
BY CONSENSUS, City Council DEFERRED the EVALUATION of COUNCIL A-PPOINTEES.
February 11, 1985
- 42
Item II-N.
ADJOURNMENT 1TEM # 23227
Upoii motion by Councilman Louis Joiies, seconded by Councilmaii Jeiinings, City
Council ADJOURNED the meetiiig at 4:50 p.m.
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober,"Barbara M. Henley,"H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies,"Vice Mayor Reba S. McClanali,*J. Heiiry
McCoy, Jr., D.D. S.* aild Meyera E. OberLidorf
Council Members Voting Nay:
None
Council Menibers Abseilt:
None
*Verbal Aye
Beverly T. Hooks
Chief Deputy City Clerk
R@h Hodges Smi Mayor @,:o'ld@ be,
City Clerk
City of Virginia Beach
Virgiiiia
/bh