FEBRUARY 25, 1985 MINUTES
Cit@C).f
"WORLD'S LARGEST RESORT CITY"
CrFY COUNCIL
MAYOR HAROID @SCHOBER. At
VICE-MA YOR REBA S MCLANAN, P.-.. A- @h
JOHN A. BAUM, Btk-t., B-gh
NANCY A. CREECH, A@ L.,g.
ROBERT E. FE@. V,,@ B.-h B-gh
BARBARA M. HE@ P..p B-gh
U. JACK JENNINGS, JP.. L@@-- B-gh
LOUIS R. JONES, Dv@ B-gh
ROBERT G. ioVES, A, L.T.
J HENRY M@COY, JR., K-@ B-gh
MEYERA E. OBERNDOIM At L-91 281 CrrY HALL BUILDING
MUNICIPAL CENTFR
RUTH HODGES smrPH, CMC, Lty C,-,k CITY COUNCIL AGENDA VIRGINIA REACH. VIRGIMA 2AS6-YM
18041427-4M
February 25, 1985
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 4:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO MCUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM
A. INVOCATION: Reverend Edward H. Johnson
Resurrection United Methodist Church
B. PLEDGE OF ALLEGIAMCE TO THE FLAG OF TRE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MAMAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
1. Request of F. Thomas Holland, Vice Chairman, Virginia Beach
Wetlands Board, to speak on House Bill 1769 and its proposed
amendments.
F. MINUTES
1. Motion to accept/approve the Minutes of February 11, 1985.
C. PRESENTATION
1. Resolutions in Recognition:
William Warden, M.D-
Eastern Virginia Medical Authority
Lillian DeVenny
Mothers Against Drunk Drivers
2. Architect Design Award:
Walsh-Ashe Associates
American Institute of Architects
R. PUBLIC REARING
1. Proposed changes to franchises for lifeguard services and
for the rental of beach accessories.
I. PLANNING
1. Application of Virginia Beach Congregation of Jehovah's
Witnesses for a conditional use permit amendment (Parcel
located along the northeast side of Pritchard Road,
northwest of Hermes Street) (Lynnhaven Borough).
City Council approved consideration of this amendment upon
request of the applicant on February 11, 1985.
2. Application of Cross Enterprises for a conditional use
permit for a duplex on a 4,989.5-square foot parcel located
on the south side of 12th Street, east of Rudee Avenue
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Rosso and Mastracco, Inc., for a conditional
use permit for a gasoline supply facility in conjunction
with a convenience grocery store on a 33,803-square foot
parcel located at the northwest corner of Laskin Road and
Oriole Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Edwin A. Schoen for a conditional use permit
for Stackhouse to park equipment on a 27,500-square foot
parcel located on the north side of Virginia Beach
Boulevard, west of First Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5 Application of J.C. Aspinwall, Jr., for a conditional use
permit for a 250-unit retirement center on a 5.1-acre parcel
located south of Old Donation Parkway, east of Calypso Lane
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
6. Application of Beach Recreation Inc. for a conditional use
permit for recreational facilities of an outdoor nature
(bumper boats, kiddie pool and concession) on a 14,000-
square foot parcel located at the southeast corner of
Pacific Avenue and 22nd Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Kenneth D. and Kathleen S. Barefoot for a
change of zoning from 0-1 Office District to B-2 Community-
Business District on a 1.590-acre parcel located on the east
side of Kempsville Road, south of Indian River Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
8. Applications of R.G. Moore Building Corporation for changes
of zoning on an undeveloped site located on the west side of
Salem Road, north of Elbow Road (Kempsville Borough):
From R-5 Residential District to B-2 Community-Ilusine,,s
District on a 25-acre parcel, amended to cove r only 14
acres;
AND,
From R-5 Residential District to PD-H2 Planned Unit
Development on an 830-acre parcel, amended to cover only 780
acres.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Ernest L. Hudson for a change of zoning from
R-8 Residential District to B-2 Community-Business District
on a 28,273-square Toot parc I located on the north side of
Euclid Road, southeast of the intersection of Euclid Road
and Onandaga Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
10. Application of Catholic Family and Children's Service for a
change of zoning from R-5 Residential District to 0-1 Office
District on a 1.5-acre parcel located west of Princess Anne
Road, south of Baxter Road (Kempsville Boroligh).
(This application was expedited from the Planning Commission
on January 8, 1985 and deferred by City Council for 30 days
January 14, 1985.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
11. Applications of David I. and Gale M. Levine for changes of
zoning on an undeveloped parcel located along the north side
of Long Creek between North Great Neck Road and the Cape
Story by the Sea subdivision (Lynnhaven Borough):
From B-2 Community-Business District to B-4 Resort
Commercial District on a nine-acre parcel;
From B-2 Community-Business District to A-4- Apartment
Distri t on an 8.7-acre parcel;
From A-1 Apartment District to B-4 Resort Commerclal
District on a 29.6-acre parcel;
From A-1 Apartment District to A-4 Apartment District on a
7.3-acre parcel;
From A-1 Apartment District to B-2 Community-Business
District on a 1.1-acre parcel;
From R-6 Residential District to B-2 Resort Commercial
District on a 9.8-acre parcel
AND,
a conditional use permit for housing for the elderly on a
34.4-acre parcel located north of Long Creek and east of
proposed relocated North Great Neck Road (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
12. Ordinance to amend and reordain Article 4, Sections 402(c)
and 412(c) of the Comprehensive Zoning Ordinance. pertaining
to front yard setbacks.
(This application was deferred from January 14, 1985.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. Ordinance to amend and reordain Article 1, Section 111 of
the Comprehensive Zoning Ordinance pertaining to definition
of child care center.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
J. RESOLUTIONS/ORDINANCES
1. Resolution approving the issuance of Special Revenue Bonds
from the Suffolk Redevelopment and Housing Authority in the
amount of $12,500,000 to Terry/Peterson Associates III.
2. Ordinances amending the franchise agreements for lifeguard
and other services and rental of beach accessories:
a. an ordinance to amend the franchise agreement awarded to
Ocean Rescue, Inc. on April 25, 1983, authorizing the
franchisee to conduct certain beach equipment rental
operations and to provide lifeguard and other services
along the oceanfront-
b. an ordinance to amend the franchise agreement awarded to
Virginia Beach Patrol, Inc. on April 25, 1983,
authorizing the franchisee to conduct certain beach
equipment rental operations and to provide lifeguard and
other services along the oceanfront.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution in Recognition to William Warden, M.D.
2. Resolution in Recognition to Lillian DeVenney-
3. Architect Design Award to Walsh Ashe Associates.
4. Ordinance, upon FIRST READING, to appropriate funds of
$12,000 to support the concept of building a stadium in
the Hampton Roads area.
5. Ordinance, upon FIRST READING, to appropriate funds of
$50,000 for the purchase of a computerized management
system for Tidewater Virginia Alcohol Safety Action
Program (TVASAP).
6. Ordinance to transfer $244,192 of Capital Project Funds
from Project #6-316 to Project #6-931 Sandbridge Sewer -
Phase I for a cost participation agreement with False
Cape Enterprises, Inc. and to authorize and direct the
City Manager to execute said agreement.
7. Ordinance to transfer $70,000 of Capital Project Funds
from Project #6-316 to Project #6-959 Pembroke Keadows
Sewer for a cost participation agreement with Pembroke
Meadows Associates and to authorize and direct the City
Manager to execute said agreement.
8. Ordinance to transfer $136,532 of Capital Project Funds
from Project #6-316 to Project #6-955 Pembroke Station
Sewer for a cost participation agreement with Pembroke
Station, Inc.
9. Low bid of Inner-View, Ltd., in the amount of $55,370.50,
for the demolition of Weaver Drive Pumping Station and
extension of Gravity Sewer to serve Williams Village (CIP
6-915); AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
10. Ordinance authorizing the City Manager to execute a Deed
of Vacation and Quitclaim vacating a 51 easement for
drainage facilities across property of Outlet Mall
Properties.
11. Bingo Permit:
Plaza Drill Team
Bingo/Raffle Permits:
Women's American Ort
Plaza Recreation, Ltd.
Veterans of Foreign Wars Post #392
12. Request of the City Treasurer for tax refunds in the
amount of $2,969.86.
13. Request of the Commissioner of Revenue for license
refunds in the amount of $12,874.75.
L. UNFINISHFD BUSINESS
1. Study Commission - Local government organization and
composition.
M. NLRW BUSINESS
1. Request of Jones and Frank Oil Equipment Corporation for
RECONSIDERATION of their conditional use permit DENIED
February 11, 1985.
2. Discusoion - Land Use Planning Consultant.
N. RECESS FOR COUNCIL APPOINTEE EVALUATION
0. AWOURNMENT
1. Motion to adjourn.
0
Item II-F.1
MINUTES ITEM 23280
Upon motion by Councilwoman Henley seconded by Councilwoman Oberndorf,
City Council AMENDED the Minutes of February 25, 1985, as follows:
ITEM # 23247 (ORDINANCE UPON APPLICATION OF CATHOLIC FAMILY
AND CHILDREN'S SERVICE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO 0-1)
This item will include the AGREEMENT Proffered by CATHOLIC
FAMILY AND CHLLDREN'S SERVICE as part of the proceedings.
(A copy of that PROFFER and the February 25, 1985 letter from their Board of
Directors is also hereby made a part of the record of this meeting).
Voting: 9-0
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, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 25, 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 25, 1985, at 4:00 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones and Robert G. Jones
Councilman Robert Jones entered the EXECUTIVE SESSION at 4:18 p.m.
February 25, 1985
- 2 -
ITEM # 23228
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. PUBLIC FUNDS INVESTMENT: The investing of public funds where
competition or bargaining is involved, where if made public
initially the financial interest of the governmental unit would
be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilwoman Creech, seconded by Councilman Baum, 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, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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, and Robert G. Jones
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 25, 1985
7:00 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 25, 1985, at 7:00 in the evening.
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
INVOCATION: Reverend Edward H. Johnson
Pastor
Resurrection United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
February 25, 1985
- 4 -
CITY KUAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
CONSENT AGENDA ITEM # 23229
Councilman Robert Jones referenced an Ordinance, upon FIRST @ING, to
appropriate funds of $50,000 for the purchase of a COMPUTERIZED MANAGEMENT
SYSTEM for TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP) (See
Item II-K.5. of the Consent Agenda).
Item II-D.2
CONSENT AGENDA ITEM # 23230
The City Clerk noted Architect Design Award to WALSH ASHE ASSOCIATES (See
Item II-K.3 of the Consent Agenda) was ERRONEOUSLY placed on the CONSENT
AGENDA, as same did not require a vote.
February 25, 1985
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
HOUSE BILL 1769 ITEM # 23231
F. Thomas Holland, Vice Chairman of the VIRGINIA BEACH WETLANDS BOARD,
referenced his letter to The Honorable Charles S. Robb, Governor of
the Commonwealth of Virginia, concerning HOUSE BILL 1769. (Said letter
is hereby made a part of the record). This letter, on behalf of the
WETLANDS BOARD, requested the Governor VETO this particular legislation.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED the following Resolution:
A RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, REQUESTING THE GOVERNOR OF THE
COMMONWEATLH OF VIRGINIA TO VETO HOUSE BILL 1769
WHICH WOULD AMEND AND REENACT SECTION 62.1-13.22
OF THE CODE OF VIRGINIA DIRECTING THE WETLANDS BOARD
TO ISSUE PERMITS TO CONSTRUCT BULKHEADS ON A PORTION
OF SANDBRIDGE BEACH.
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:
Noiie
Council Members Absent: February 25, 1985
Louis R. Jones
- 5a
A RESOLUTION OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, REQUESTING
THE GOVERNOR OF THE COMMONWEALTH OF
VIRGINIA TO VETO HOUSE BILL 1769 WHICH
WOULD AMEND AND REENACT SECTION
62.1-13.22 OF THE CODE OF VIRGINIA
DIRECTING THE WETLANDS BOARD TO ISSUE
PERMITS TO CONSTRUCT BULKHEADS ON A
PORTION OF SANDBRIDGE BEACH.
WHEREAS, House Bill 1769 has been introduced in the
Virginia General Assembly and it appears that said Bill will be
passed by same; and
WHEREAS, this legislation would exclude certain
oceanfront building lots in the Sandbridge Beach from the
provisions of the Coastal Primary Sand Dune Protection Act and
direct the Wetlands Board to issue permits to construct bulkheads
on those lots; and
WHEREAS, the legislation as revised by the Senate
requires the Wetlands Board to have the continuing responsiblity
for the design, placement and maintenance of each bulkbead which
duties are contrary to the Board's mission concerning coastal
resource management; and
WHEREAS, the construction of bulkheads at Sandbridge has
been reviewed by the Virginia Beach Wetlands Board, the Virginia
Marine Resources Commission and the Circuit Court of the City of
Virginia Beach and has been found to actually cause severe erosion
and diminish the natural sand replenishment the dunes provide to
the beaches; and
WHEREAS, the construction of bulkheads and other dune
disturbing activities may increase erosion to surrounding
properties; and
WHEREAS, the City of Virginiii Beach Wetlands Board and
the Virginia Marine Resources Commissic)n have proven to be the
appropriate judges of the impacts of dtine disturbing activities;
and
WHEREAS, the passage of this legislation would prohibit
their control over such activities and reverse the action of the
Virginia Beach Wetlands in regard to tile same oceanfront lots which
were previously denied a permit to bulkhead.
February 25, 1985
5b
NOW, THEREFORE, BE IT RESOLVEE) BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Council of the Ci.ty of Virginia Beach
requests the Governor of the Commonwealt@h of Virginia to veto House
Bill 1769 which would amend and reenact s 62.1-13.22 of the Code of
Virginia relating to the Coastal Primar@, Sand Dune Protection ACt
and allow bulkheading within a one-block area of Sandbridge which
may increase the rate of erosion to the fragile shoreline of the
beach.
2. The Council of the City of Virginia Beach hereby
adopts and incorporates by reference the letter dated February 20,
1985 to the Honorable Charles S. Robb from the Vice Chairman of the
Virginia Beach Wetlands Board, which letter is attached hereto.
3. That this Resolution be in effect from and after its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 25 day of February 1985.
DSH/re
1/28/85
2/2 1/8 5
(RES.4)
February 25, 1985
-2-
6
Item II-F.1
MINUTES ITEM 23232
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Minutes of February 11, 1985.
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.
Joiies, 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
February 25, 1985
7
Item II-G.1
PRESENTATION ITEM 23233
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
William Warden, M.D.
Member
Eastern Virginia Medical Authority
This Resolution recognized Dr. William Warden's untiring aiid dedicated
service to the EASTERN VIRGINIA MEDICAL AUTHORITY.
February 25, 1985
8
Item 11-G.2
PRESENTATION ITEM 23234
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
LILLIAN DEVENNY
Chairman
Mayor's Task Force Against Drunk Driving
This Resolution recognized Lillian Devenny's tireless effort and dedication
to her fellow citizens in crusading against drunken drivers in this City,
the Commonwealth of Virginia and the nation as a whole.
February 25, 1985
9
Item 11-G.2
PRESENTATION
ARCHITECT DESIGN AWARD ITEM 23235
Thomas Osboriie, Executive Vice President of the Virginia Society
of the American Institute of Architects, advised City Council WALSH
ASHE ASSOCIATES, INC., received the DESIGN AWARD for the PAVILION.
The PAVILION was selected from over nienty (90) projects entered in the
competition.
Michael Ashe an architect with WALSH ASHE ASSOCIATES, INC. presented
a Certificate to the Mayor in recognition of the City's efforts and
a BRONZE PLAQUE for installation on the PAVILION.
February 25, 1985
- 10 -
Item II-G.3
PRESENTATION ITEM # 23236
C,ODSPEED
ADD-ON
Jim Ricketts of the Department of Economic Development, referenced the
City contributed through the Tourist Development Divi.ion $5,000 to the
JAMESTOWN/YORKTOWN FOUNDATION as a sponsorship to assist in financing
the voyage of the GODSPEED from England to America.
Mr. Ricketts introduced Neil Tanner, the CODSPEED'S radio man, who
the City is requested to sponsor as a further consequence of this con-
tribution.
February 25, 1985
- lla
NOTICE OF PUBLIC HEARING ON PROPOSED
CHANGES TO FRANCHISES FOR LIFEGUARD SER-
VICES AND FOR THE RENTAL OF BEACH ACCESSORIES
TAKE NOTICE that on Monday, February 25, 1985, at 7:00 p.m.,
in City Council Chambers, City Hall Building, Municipal Center,
Princess Anne Complex, Virginia Beach, Virginia, City Council will
hold a public hearing to consider the following changes to the
Franchises for lifeguard services and for the rental of beach
accessories on the oceanfront between Rudee Inlet and 40th Street,
Virginia Beach Borough, Virginia Beach, Virginia, said Franchises
having been awarded previously by Council to Virginia Beach Patrol,
Inc. and Ocean Rescue, Inc.
1. Proposed changes to the Franchise awarded to Virginia
Beach Patrol, Inc.:
a. Require Franchisee to employ a Captain and to allow
a City inspection of major beach equipment by March 1st of each
year.
b. Request that the Captain have a least three (3) prior
seasons of experience managing an ocean rescue service.
C. Request to allow Franchisee to provide a Letter of
Credit in lieu of a Performance Bond.
d. Request to authorize Franchisee to conduct sales of
suntan lotion to the public on the beach.
2. Proposed changes to the Franchise awarded to Ocean Rescue,
Inc.:
a. Require Franchisee to employ a Franchise Manager and
to allow a City inspection of major beach equipment by March 1st
of each year.
b. Request to allow Franchisee to provide a Letter of
Credit in lieu of a Performance Bond.
All persons wishing to address any or all of these proposed
changes are urged to attend.
Following public comments at this hearing, Council will vote
on whether to allow any or all of the proposed changes.
February 25, 1985
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February 25, 1985
- 12 -
Item II-1. I
PLANNlNG ITEM # 23238
Jim Tyler represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council AMENDED the Conditional Use Permit of VIRGINIA BEACH CONGREATION OF
JEHOVAH'S WITNESSES APPROVED by City Council on July 5, 1983.
The Conditional Use Permit (RO783554) had stated said parcel contained 3.11 acres.
Due to right-of-way dedications on Pritchard Road and Marlene Street, the
aforementioned parcel now contains 2.82 acres set aside for a Church.
The Conditional Use Petmit is AMENDED as per the following:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH CON-
GREATION OF JEHOVAH'S WITNESSES FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R0783554
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA:
Ordinance upon application of The Virginia Beach Congregation
of Jehovah's Witnesses for a Conditional Use Permit for a
church on certain property located on the northeast side
of Pritchard Road beginning at a point 600 feet more or
less northwest of Hermes Street, running a distance of
480 feet more or less along the riortheast side of Pritchard
Road, running a distaiice of 574.84 feet along the northern
property line (south side of Virginia Beach Toll Road),
running a distance of 100 feet in a southeasterly direction,
running a distance of 118 feet in a northwesterly direction,
running a distance of 160 feet in a southerly direction,
running a distance of 100 feet in a southeasterly direction,
running a distance of 100 feet more or less in a south-
westerly direction, running a distance of 237 feet in a
northwesterly directiori and runiiing a distance of 125
feet in a southwesterly direction. Said parcel coiitains
-3-.44 2.82 acres. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feutress, 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
February 25, 1985
Council Members Absent:
Louis R. Jones
12a
January 22, 1985
The Honorable Harold Heischober, Mayor of the City of Virginia Beach
and Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Reference: Conditional Use Permit for the Virginia Beach Congregation
of Jehovah's Witnesses
Dear Mayor Heischober:
On May 24, 1983, we had a conditional use permit approved by the
City Planning Commission and sent to the City Council. City Council action
showed it to be approved July 5, 1983. Our conditional use permit states
that the residual parcel left over for this church site contains 3.11
acres. Due to right-of-way dedications on Pritchard Road and Marlene
Street, our parcel no longer contains enough residual acreage to equal
three acres. The remainder of our property set aside for the church site
now contains 2.82 acres as shown on the copy of the attached plat. Because
our site plan for the church building has been approved and we are under
construction, this subdivision plat is being held up in planning based
on the 3.11 acres shown in the coaditional use permit. We have already
completed our church and most of the on-site and right-of-way construction
and need to pay the contractors. This subdivision plat which would subdivide
out lots 4 and 5 to be sold to a developer would provide us the funds
to pay our contractor. If we apply formally to go before City Council,
we would have a four month wait.- This would cause us a terrible hardship
in being able to occupy our church within the scheduled time frame,
particularly since we have sold our existing site. We could also face
legal problems due to our inability to pay the contractor until the sale
of lots 4 and 5 is accomplished.
We were hoping that you could amend the c,nditional use permit to
show the church parcel being only 2.82 acres ati@d get this approved by
City Council at the meeting being held January, 28, 1985. If there is
anYthing further we can do to expedite this prc,cess, or if you wish
representatives of our church be present at the council meeting, please
contact me at 340 . Thank you for helping our new church building
become a reality. '78,74
Very truly yours,
0
Aron Smit
Trustees of the Virginia Beach
Congregation of Jehovah's Witnesses
February 25, 1985
- 13 -
Item 11-1.2
PLANNTNG ITEM # 23239
William Cross, of Cross Enterprises, represented the applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City
Council ADOPTED an Ordinance upon application of CROSS ENTERPRISES for
a Conditional Use Permit as per the followilig:
ORDINANCE UPON APPLICATION OF CROSS ENTERPRISES FOR
A CONDITIONAL USE PERMIT FOR A DUPLEX R0285719
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Cross Enterprises, for a
Conditional Use Permit for a duplex on the south side of
12th Street, 400 feet east of Rudee Avenue on Lots 9
and 10, Block 118, Lakewood. Said parcel contains
4989.5 square feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fifth day of February, Nineteen Hundred and Eighty-five.
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 February 25, 1985
- 14 -
Item 11-1.3
PLANNING ITEM # 23240
James J. Kenneally, represented the applicant
Upon motioii by Councilman Jennings, seconded by Couiicilman Fentress, City
Council ADOPTED an Ordinance upon application of ROSSO AND MASTRACCO, INC.
for a Conditional Use permit as per the followiiig:
ORDINANCE UPON APPLICATION OF ROSSO AND MASTRACCO, INC.
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STAT10N R0285720
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Rosso and Mastracco, Inc.,
for a Conditional Use Permit for a gasoline supply faci-
lity in conjunction with a convenience grocery store an
certain property located at the northwest corner of Laskin
Road and Oriole Drive. Said parcel is located at 1000
Laskin Road and contains 33,803 square feet. Plats with
more detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. 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
Twenty-fifth day of February, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, 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
February 25, 1985
Council Members Absent:
Louis R. Jones
- 15 -
Item II-I.4 IEM # 23241
PLANNING
Edwin A. Schoen, the applicant, represented himself
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of EDWIN A. SCHOEN for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF EDWIN A. SCHOEN FOR A
CONDITIONAL USE PERMIT FOR STACKHOUSE TO PARK EQUIPMENT R0285721
BE IT HEREBY ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Edwin A. Schoen, for a
Conditional Use Permit for Stackhouse to park equipment on
certain property located on the north side of Virginia
Beach Boulevard, 1107 feet west of First Colonial Road.
Said parcel is located at 1766 Virginia Beach Boulevard
and contains 27,500 square feet. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. A 5-foot dedication of right-of-way along the frontage
of Virginia Beach Boulevard, 45 feet from the center-
line of the existing 80-foot right-of-way to provide
for an ultimate 90-foot right-of-way as per the Master
Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twerity-fifth day of February, Nineteen Hundred and Eighty-five.
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 February 25, 1985
- 16 -
Item II-I.5
PLANNING ITEM # 23242
Sam Scott, represented the applicant, and requested WITHDRAWAL
Upon motion by Councilman Jennings, seconded by Councilman Fentress, CitY
Council ALLOWED WITHDRAWAL of an Ordinance upon application of J. C. ASPINWALL,
JR., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF J. C. ASPINWALL, JR., FORA
CONDITIONAL USE PERMIT FOR A 250-UNIT RETIREMENT GENTER
Ordinance upon application of J. C. Aspinwall, Jr., fora
Conditional Use Permit for a 250-unit retirement center on
certain property located 200 feet more or less south of Old
Donation Parkway beginning at a point 650 feet more or less
east of Calypso Lane. Said parcel contains 5.1 acres. Plats
with more detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones February 25, 1985
- 17 -
Item II-I.6 ITEM # 23243
PLANNING
Mike LaGiglia, President of the Old Beach Civic Association, represented the
applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council ADOPTED an ordinance upon application of BFACH RECREAT10N, INC., for
a Condtitional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF BEACH RECREATION, INC., FOR A
CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN
OUTDOOR NATURE R0285722
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Beach Recreation, Inc., for a
Conditional Use Permit for recreational facilities of an
outdoor nature (bumper boats, kiddie pool & concession) on
certain property located at the southeast corner of Paci-
fic Avenue and 22nd Street on Lots 20 & 22, Block 51, Vir-
ginia Beach Development Compaiiy. Said parcel contains 14,000
square feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoptio@.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fifth day of February, Nineteen Hundred and Eighty-five.
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. McClanati, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
February 25, 1985
Council Members Absent:
Louis R. Jones
- 18 -
Item II-I-7 ITEA # 23244
PLANNING
upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, CitY
Council ALLOWED WITHDRAWAL of an Ordinance upon application of KENNETH D.
AND KATRLEEN S. BAREFOOT for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF KENNETH D. AND KATHLEEN S.
BAREFOOT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM 0-1 TO B-2
ordinance upon application of Kenneth D. and Kathleen S.
Barefoot, for a Change of Zoning District Classification
from 0-1 Office District to B-2 Community Business Dis-
trict on certain property located oii the east side of
Kempsville Road, 1000 feet south of Indian River Road.
Said parcel is located at 1458 Kempsville Road and con-
tains 1.590 acres. Plats with more detailed information
are available in the Department of Planning. KEMPSVILLE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClaiian, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones February 25, 1985
- 19 -
Item II-I.8 ITEM # 23245
PLANNING
Attorney Grover Wright represented the applicant
Tuck Bowie, Talbot and Associates, also represented the applicant
Alan Bergstrom, President of the Salem Woods Civic Association, spoke
in favor of the application
Dwight B. Jones, President of the Salem Community Civic League, referenced
he did not have time to review this application due to illness, but supported
Director of Planning Robert Scott's approval of said application.
Ross Fulcher, resident of property comprised of two (2) acres on Stumpy
Lake Lane, referenced R. G. Moore's Verbal Agreement to provide him with
a water and sewer tap and leave as much of the buffer as feasible around
his property. R. G. Moore has agreed to place tile in the ditch area
across the back of his lot, has assured him that improvements will
be made to Stumpy Lake Lane, and homes in that area will be built
along the order of those presently in Salem Woods.
John A. Waters, a resident of the Kempsville Borough, referenced his oppositon
to this application as being ahead of its time.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of R. G. MOORE for Changes of Zoning
as per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFLCATION FROM R-5 TO
B-2 Z0285959
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building Corporation
for a qha oL Zo from R-5 Resi-
dentiai District to B-2 Community Business District on certain
property located on the west side of Salem Road 4980 feet more
or less north of Elbow Road. Said parcel contains 25 14 acres
(AS AMENDED). Plats with more detailed information are available in
the Department of Planning. KEMPSVILLE BOROUGH.
Prior to the change of the official zoning maps, the following conditions
shall be met:
1. A variable width right-of-way dedication along the frontage
on Salem Road in accordance with the alignment on file in
the City Engineeer's Office to provide for an ultimate 90-
foot right-of-way as per the Master Street and Highway
Plan.
2. Dedication of scenic and controlled access easements along
the proposed right-of-way for South Independence Boulevard
Extended as per the Master Street and Highway Plan.
A N D,
February 25, 1985
- 20 -
Item II-1.8
PLANNING IEM # 23245 (Continued)
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO
PD-H2 Z0285960
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building Corporation
for a Change of Zoning District Classification from R-5 Resi-
dentiaf D-istrict to PD-H2 Planned Unit Development District on
certain property located on the west side of Salem Road, be-
ginning at a point 2060 feet more or less north of Elbow Road
and extending in a westerly direction to the eastern boundary
of Indian River Road. Said parcels contain 839 780 acres
(AS AMENDED) . Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGR.
Prior to the changing of the official zoning maps, the following conditions
shall be met:
1. A variable width right-of-way dedication along the front-
age on Salem Road to provide for an ultimate 90-foot right-
of-way as per the Master Street a@d Highway Plan and in
accordance with alignment on file with the City Engineer's
Office.
2. A dedication of right-of-way 90 feet in width with co,,trolled
access and scenic easement for South Independence Boulevard
Extended as per the Master Street and Highway Plan.
3. A variable width dedication of right-of-way along Indian
River Road, 55 feet from the ceiterline of the ld 30-f,,,,t
right-of-way to provide for a ultimate 90-foot right-of-
way as per the Master Street and Highway Plan.
4. A dedication of right-of-way 66 feet iii width for the pro-
posed north-south collector road as shown on the Master
Street and Highway Plan.
5. A dedication of a drainage easement, or the floodway,
whichever is greater, along Salem Canal to provide for
an ultimate 200-foot drainage easement, to be determined
by the Staff upon site plan review.
These Ordinaiices shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Hesichober, H. Jack Jennings, Jr.,
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
February 25, 1985
Council Members Absent:
Louis R. Jones
- 21 -
Item 11-1.9.
PLANNING ITEM # 23246
Attorney Andrew Fine represented the applicant
Upon motioii by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of ERNEST L. HUDSON for
a Change of Zonirig per the following:
ORDINANCE UPON APPLICATION OF ERNEST L. HTJDSON FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Z0285961
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Ernest L. Hudson, for a
Change of Zoning District Classification from R-8 Resi-
dential District to B-2 Community Business District on
certain property located on the north side of Euclid
Road beginning at a point 400 feet more or less south-
east of the intersection of Euclid Road and Onodaga
Road. Said parcel contains 28,273 square feet. Plats
with more detailed information are available in the De-
partment of Planning. KEMPSVILLE BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fifth day of February, Nineteen Hundred and Eighty-five.
Voting; 6-4
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
February 25, 1985
- 22 -
Item II-I. 10
PLANNING ITEM # 23247
Attorney Anthony Thiel, Member of the Board of Directors of Catholic Family
and Children's Services, and presented a PROFFER to the City of Virginia
Beach restricting the use of this particular parcel of land to be used
only as a facility of Catholic Family and Children's Services. (Copy of
said PROFFER is hereby made a part of the record) .
Freda Stanley, President of the Catholic Family and Children's Service
Board of Directors, represented the applicant
Reverend William J. Dale, Pastor of the Church of the Ascension, spoke
in behalf of Bishop Walter F. Sullivan
Marshall A. White, Chairman of the Trustees of the Kempsville Masonic
Lodge, referenced the Lodge was not in OPPOSITION to this application
George J. Wallace, Member of the Masonic Lodge, reiterated the Lodge
was not in OPPOSITION.
Kenneth Edoff, resident Brookfield Crossing, spoke in opposition
Howard Tawney, property owner adjacent to the applicant, spoke in
opposition
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance upon application of CATHOLIC FAMILY AND CHILDREN'S
SERVICE for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF CATHOLIC FAMILY AND CHILDREN'S
SERVICE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO 0-1 Z0285961 A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Catholic Family and Children's
Service, for a Change of Zoning District Classification from
R-5 Residential District to 0-1 Office District on certain
property located 300 feet west of Princess Anne Road, 480
feet more or less south of Baxter Road. Said parcel contains
.5 acres. Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fifth day of February, Nineteen Hundred and Eighty-five.
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
February 25, 1985
-- 22a -
&aI?otttc zimil ung C�II�il�ren'a rrtic
ELIZA6ETH C. GROWLING. ACSW MAIN OFFICE
[!([CUTIN[ DIR[CTOR 1301 COLONIAL AVENUE
NORFOLK. VIRGINIA 23317
DAVID A. ROSIN.M.D. PHONC 625.2568
STAFF PSYCHIATRIST
DISTRICT OFFICES
5347 VIRGINIA BEACH BLVD.
VIRGINIA BEACH. VIRGINIA 23402
PHONE 499.5910
February 28, 1985
• The Honorable Harold Heischober, Mayor
Members of City Council
Thomas Muehlenbeck, City Manager
J. Dale Bimson, City Attorney
Re: Application of Catholic Family and
Children ' s Service
Change of Zoning -- R-5 to 0-1
Item 10, Council Agenda of 2/25/85
Dear Mayor, Members of City Council , Mr. Muehlenbeck,
and Mr. Bimson:
As a followup to Council 's approval of the above
application, I am writing to confirm that the parcel of land
to be rezoned is .877 acres and that the building to be con-
structed on the land will be a one-story building of approx-
imately 5,000 square feet. I am also enclosing a copy of the
proposed Covenants and Conditions which we proffered at ' the
Council Meeting and which we delivered to Mr. Scott and to
Mr. Bimson on Monday, February 25.
We have been advised that Bishop Sullivan will be in the
area this weekend and expect that he will execute the Covenants
and Conditions at that time. We will contact Mr. Bimson after
obtaining execution and record the instrument thereafter.
On behalf of Catholic Family and Children ' s Service, I
extend my thanks to you for your assistance in helping our
agency to realize its dream of having a permanent facility.
Sincerely,
•
Freda A. Stanley,Y, Present
Board of Directors
cc: Bishop of Richmond
Encl : 1
rY1 •
� �;I_Iw1r�c� • t
>�e ,, I. �. III;.
•
•
WALTER F. SULLIVAN,
Bishop of the Catholic Diocese of Richmond
TO (COVENANTS AND CONDITIONS )
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 25th day of February, 1985 , by
and between WALTER F. SULLIVAN, Bishop of the Catholic Diocese
of Richmond (" Grantor") party of the first part, and CITY OF VIRGINIA
BEACH ( "Grantee" ) , a municipal corporation of the Commonwealth
of Virginia, party of the second part;
WITNESSETH THAT :
WHEREAS, the Grantor has initiated amendments to the Zoning-
Map of the City of Virginia Beach, Virginia , by petition of Catholic
Family and Children' s Service ( "CF & CS" ) addressed to the Grantee'„'
so as to change the classification of . 877 acres of the Grantor ' s
property located on a portion of the property of the Church of
the Ascension in Xempsville Borough of the City of Virginia Beach
as follows : •
ALL THAT certain lot, piece or parcel of land , lying, being
and situate in the City of Virginia Beach, Virginia which is part
of the property known as the property of the Church of the Ascension ,
said Church of the Ascension property being shown on the plat
of said property entitled "PLAT SHOWING SURVEY OF PART OF THE
PROPERTY OF KEMPS LANDING CORPORATION FOR MOST REV. JOHN J. RUSSELL" ,
made by Frank D. Tarrall, Jr. & Associates , Surveyors & Engineers ;
recorded in the Clerk ' s Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 64 at page 37 , the property
hereby described being more particularly bounded and described
as follows :
Beginning at the most northerly point of the property
as shown on the aforesaid plat which said point is N20°44 ' 44 '
662. 54 feet from the south western corner of the property
known as the Church of the Ascension as shown on said
plat, and from said point of beginning turning and running
at S23°23 ' l0"E 104 . 76 feet to a point ; thence N56°29 ' 00"E
35 . 39 feet to a point; thence S28°29"00 ' E 191 . 75 feet
•
•
February 25, 1985
to a point ; thence along a curve to the left which has
a radius of 135 . 47 feet an arc distance of 20 . 77 feet
to a point ; thence S72°53 ' 16"W 141 . 82 feet ; thence N69° 15 ' 16"V
a distance of 109 . 67 feet ; thence N20°44" 44 ' E 270 . 00
• feet to the point of beginning ; said property as bounded
and desribed as aforesaid shall be refered to herein
as the "Property" .
IT BEING part of the property conveyed to the Most Reverend
John J . Russell , Bishop of the Catholic Diocese of Richmond,
and his successors in office, by Deed from Kemps Landing
Corporation dated January 11 , 1965 and recorded in the
Clerk' s Office aforesaid in Deed Book 882 at page 144 ;
Walter F. Sullivan has succeeded John J. Russell as
the Bishop of the Catholic b
icDioc�rat° Richmond
the owner of the property Y P onoflawpursuant
to §57-16 ( 2 ) of the Code of Virginia .
WHEREAS, the Grantor has voluntarily proffered in writing,
in advance of and prior to the public hearing before the Grantee,
as a part of the proposed amendments to the Zoning map, in addition
to the regulations provided for 0-1 zoning districts or zones
by the existing overall zoning ordinance , the following reasonable
conditions relating to the use of the Grantor ' s property to be
adopted as a part of said amendment to the new Zoning Map relative
to the Grantor ' s property, which have a reasonable relation to
the rezoning and the need for which is generated by the rezoning
and the proposed development of the Grantor ' s property; and
WHEREAS , said conditions have been proffered by the Grantor
and allowed and accepted by the Grantee as a part of the amendments'
to the Zoning Ordinance, such conditions shall continue in full
force and effect until a subsequent amendment changes the zoning
on the property; provided , however, that such conditions shall
continue despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or substantially
February 25, 1985
• revised zoning ordinance , unless , notwithstanding the foregoing ,
these conditions are amended or varied by written instrument recorded
in the Clerk ' s Office of the Circuit. Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the subject
property at the time of recordation of such instruments ; provided ,
further, that said instrument is consented to by the Grantee in
writing, as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee , after
a public hearing before the Grantee as advertised pursuant to
the provisions of Code of Virginia Section 15 . 1-431 , which said
ordinance or resolution shall be recorded along with said instrument
as conclusive evidence of such consent;
NOW, THEREFORE; the Grantor, for itself , its successors ,
assigns , grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
or quid pro quo for zoning, rezoning, site plan, building permit ,
or subdivision approval ; hereby makes the following declaration
of conditions and restrictions as to the use and operation of
the Property and hereby covenants and agrees that this declaration
shall constitute covenants running with the Property, which shall
be binding upon the Property and upon the parties and persons
claiming under or through the Grantor, its successors , personal
representatives , assigns ; grantees and other successors in interest
or title, namely:
The Property and all buildings and improvements now or hereafter
February 25, 1985
located on the Property shall be used only as a facility for
CF
& CS and no other uses, which facility will be used by CF & CS
for its administrative offices , adoption and counselling services ,
teaching and other instructional activities and other activities
consistent with its mission.
All references hereinabove to 0-1 Districts and to the requirement
and regulations applicable thereto refer to the Comprehensive
Zoning Ordinance of the City of Virginia Beach, Virginia, in force
as of February 25 , 1985 ; which is by this reference incorporated
herein.
It is expressly understood and agreed , however, that nothing
contained herein shall constitute or be construed as alien or
encumbrance on any property. Grantor covenants and agrees that
(1) the Zoning Administrator of the City of Virginia Beach, ,
. Vitginia
shall be vested with all necesaary authority on behalf of the
governing body of the City of Virginia Beach, Virginia, to administer
and enforce the foregoing conditions, including ( i ) the ordering
in writing of the remedying of any noncompliance with such conditions, ,
and (ii ) the bringing of legal action or suit to ensure compliance
with such conditions , including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suite or proceedings ;
( 2 ) the failure to meet all conditions shall constitute cause
to deny .the issuance of any of the required building or occupancy
permits as may be appropriate ; ( 3 ) if aggrieved by any decision
of the Zoning Administrator made pursuant to the provisions , the
Grantor shall petition to the governing body for the review thereof
February 25, 1985
Zonis
prior to instituting proceedings in court; and ( 4 ) the g
map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the subject property
on the map and that the ordinance and the conditions may be made
readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department
and that they may be restored in the Clerk' s Office of the Circuit
Court of the City of Virginia Beach, Virginia , and indexed in
the name of the Grantor and Grantee .
WITNESS the following signature and seal.
( SEAL)
• Walter F. Sullivan
Bishop of the Catholic Diocese
of Richmond
STATE OF VIRGINIA,
CITY/COUNTY OF , to-wit :
I , , a Notary Public in and for the State of
Virginia at Large, do hereby certify that Walter F. Sullivan,
Bishop of the Catholic Diocese of Richmond , whose name is signed
as Grantor to the foregoing instrument, bearing date on the 25th
day of February, 1985 , has acknowledged the same before me on
behalf of the corporation, in the city and state aforesaid.
GIVEN under by hand this day of , 1985.
Notary Public
My commision expires :
February 25, 1985
- 23 -
Item II-I.11
PLANNING ITEM # 23248
David I. and Gale Levine, the applicants, represented themselves. Mr. and Mrs.
Levine presented the following documents: Judge Owen's Requirements regarding re-
zoning requests, Aerial Photograph of the proposed rezoning, a colored site
plan, and various papers entitled: "Evidence of Economic Deprivation
of Property Because It Cannot Be Developed", "Witness: David I. Levine",
"Comparable Rezonings", "Uses of Adjoining Properties", "Evidence Placed
Before The Planning Commission", "Cost Factors as Zoned and as Requested",
"Unit Sales Prices", and "The Planning Department's Recommendation to City
Council in 1983 for the C.Z.O." (Said documents are hereby made a part of
the record.) Mr. and Mrs. Levine referenced their intention of completely
eliminating their request for a Conditional Use Permit for housing for
the elderly.
Ronald D. Morrison, a private citizen concerned about Great Neck Road,
spoke in favor of the application.
Opposition:
Attorney William Wahab, represented the Great Neck Road Association of Civic
Leagues, and presented aerial photographs of this proposed application to
Council
Mary Beth Phillips, registered but did not speak
Michael Combs, represented Cape Story by the Sea Civic Association
Merlin M. Stratzer, resident
Alexander Platt, resident
Ronald W. Makela, President of the Cape Story by the Sea Civic Association
John Sutton, resident
The City Clerk referenced 31 letters in OPPOSITION to this application. Said letters
are hereby made a part of the record.
Upon motion by /Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DENIED Ordinances upon application of DAIVD I. AND GALE M. LEVINE
for Changes of Zoning and a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to B-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from B-2 Community
Business District to B-4 Resort Commercial District on certain
property located 475 feet south of Shore Drive beginning at a
point 200 feet east of N. Great Neck Road. Said parcel contains
9 acres more or less. Plats with more detailed information
are available in the Department of Planning. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from B-2 Community
Business District to A-4 Apartment District on certain property II
located 475 feet south of Shore Drive beginning at a point 950
feet east of N. Great Neck Road. Said parcel contains 8.7 acres
more or less. Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
I
February 25, 1985
- 24 -
Item II-I. 11
PLANNING ITEM # 23248 (Continued)
AN D,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from A-1 Apartment
District to B-4 Resort Commercial District on certain parcels
located 1000 feet south of Shore Drive, 350 feet east of N.
Great Neck Road and located 1400 feet south of Shore Drive, 900
feet more or less east of N. Great Neck Road. Said parcels contain
29.6 acres more or less. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1
TO A-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from A-1 Apartment
District to A-4 Apartment District on certain property lo-
cated 1000 feet more or less south of Shore Drive beginning
at a point 1000 feet more or less east of N. Great Neck Road.
Said parcel contains 7.3 acres more or less. Plats with more
detailed information are available in the Department of Planning.
LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO
B-2
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from A-1 Apartment
District to B-2 Community Business District on certain property
located 1500 feet south of Shore Drive, 370 feet east of N. Great
Neck Road. Said parcel contains 1. 1 acres more or less. Plats
with more detailed information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DAVID AND GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from R-6 Residential
District to B-4 Resort Commercial District on certain property
located on the west side of Maple Street, 170 feet south of
Poinciana Drive. Said parcel contains 9.8 acres more or less.
Plats with more detailed information are available in the De-
partment of Planning. LYNNHAVEN BOROUGH.
February 25, 1985
- 25 -
Item II-I. 11
PLANNING ITEM # 23248 (Continued)
A N D,
ORDINANCE UPON APPLICATION DAVID AND GALE M. LEVINE
FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY
Ordinance upon application of David I. and Gail M. Levine, for
a Conditional Use Permit for housing for the elderly on certain
property located 1400 feet more or less south of Shore Drive be-
ginning 900 feet more or less east of N. Great Neck Road. Said
parcel contains 34.4 acres more or less. Plats with more detailed
information are available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
February 25, 1985
- 26 -
ITEM # 23248 (Continued)
OPPOSED to the Ordinance upon application of DAVID I. and GALE M. LEVINE
for Changes of Zoning and a Conditional Use Permit, in the LYNNHAVEN BOROUGH
1. John Parker, 2208 Beech Street
2. Rosina K. Finley
3. Susan H. Flavin, 2217 Beech Street
4. Mary Beth Phillips, 2220 #B Beech Street
5. A.M. Sadler, 2201 Beech Street
6. Mrs. Mary V. Combs, 2220 Beech Street
7. Evelyn C. Moore, 2223 Beech Street
8. Janet L. Maglicca, 2223 Beech Street
9. Tom Lahr, 2236 Beech Street
10. Nancy Lukic, 2236 Beech Street
11. H. Hindman, 2220 B Beech Street
12. Michael Combs, 2200 Beech Street
13. Marilyn P. Oberg, 2226 Wake Forest Street
14. Mr. and Mrs. Pat Curtis, 2219 Wake Forest
15. Mr. and Mrs. Frank R. O'Neill
16. Mrs. Mary Pavlicek
17. Barbara Dewees, 2220 A Beech Street
18. Mrs. Lyttleton W. Ballard, 2217 Wake Forest Street
19. The Rountrees
20. Jack W. Archebelle, 2300 Wake Forest Street
21. Mr. and Mrs. R.P. Deimlad, 2205 Oak Street
22. Ted W. Gardner, 2248 Maple Street
23. Mark R. Anderton, Katherine L. Anderton, 2205 Beech Street
24. Mr. and Mrs. Terence M. Strom, 2107 Wake Forest Street
25. Lyttleton W. Ballard, 2217 Wake Forest Street
26. Mr. and Mrs. Ellis Malabad, 2209 Sandalwood Road
27. Ronald C. Miller, 2203 Beech Street
28. Bertrand Ebbitt, 2202 Beech Street
29. Joe Haislip, 2213 Beech Street
30. Mrs. Ruth P. Absalom
31. Mr. and Mrs. S.A. Watson, Oak Street
February 25, 1985
- 27 -
Item II-I. 12.
PLANNING ITEM # 23249
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTIONS 402(c)
AND 412(c) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO FRONT YARD SETBACKS
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
- 27a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTIONS 402(c) AND 412(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO FRONT YARD SETBACKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 402(c) of the C.Z.O. be amended and reordained l
in part as follows:
(c) the minimum front yard setback shall be not less than fifty
(50) feet; provided that, where a front yard adjoins a major
street or highway which is designated on the official trans-
portation plan, such front yard setback shall be not less
than fifty-{59}-feet-€rem-such-street-er-highway one hundred
(100) feet from the existing right-of-way line.
That Article 4, Section 412(c) of the C.Z.O. be amended and reordained
in part as follows:
(c) the minimum front yard setback shall be not less than fifty
(50) feet; provided that, where a front yard adjoins a major
street or highway which is designated on the official trans-
portation plan, such front yard setback shall be not less
than fifty-{56}-feet-frem-such-street-er-h4ghaay one hundred
(100) feet from the existing right-of-way line.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
25 day of February , 1985.
A- - 7
j
-. __ z� v -;��
1
February 25, 1985 Ii
- 28 -
Item II-I. 13
PLANNING ITEM # 23250
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED the following Ordinance:
ORDINANCE TO AMEND AND REORDAIN ARTICLE
1, SECTION 111 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO DEFINITION OF CHILD
CARE CENTER.
City Council ADOPTED the Second Version of this Ordinance presented by
Director of Planning Robert Scott via Memorandum of February 15, 1985.
Said Ordinance is hereby made part of the proceedings.
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
February 25, 1985
- 28a - .
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1 , SECTION 111
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITION OF CHILD CARE CENTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1 , Section 111 , Definitions, of the C.Z.O. be amended and
reordained in part as follows:
Day Care Center. Any facility operated for the purpose of providing
care, protection and guidance to a group of children separated from
their parents or guardians during a part of the twenty-four-hour day.
ii-regard-te-faeilities-operated-im-a-private-fafflily-Herne-as-an-ap-
preved-hove-eeeupatienT-this-tern-shall-apply-only-te-Heves-ir1-wbieb
five-E5}-er-aero-041dren-are-reeetved-exeept-eh}1drem-wbe-are-rel.ated
by-bleed-er-rflarriage-te-perseps-wbe-maintain-the-bene. In regard to
the facilities operated in private family home as an approved home
occupation, this term shall apply only to homes in which more than
five (5) children are received except children who are related by
blood or marriage to persons who maintain the home or where the
total number of children received, including relatives, exceeds
seven (7) .
Adopted by the Council of the City of Virginia Beach, Virginia, on the
25 day of February , 1985.
February 25, 1985
- 29 -
Item II-J. 1
RESOLUTIONS ITEM # 23251
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED the following Resolution:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $12,500,000 to TERRY/
PETERSON ASSOCIATES III.
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
February 25, 1985
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE
ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
Terry/Peterson Associates III Project
1 . PROJECT NAME: (Shore Drive Apartments )
2. LOCATION : Intersection of Shore Drive and
Northampton Boulevard in Virginia
Beach , Virginia
•
3. DESCRIPTION OF PROJECT: approximately 250-unit rental apart-
ment project
4. AMOUNT OF BOND ISSUE: $12 , 500 , 000
5. PRINCIPALS: Frederick J. Napolitano
Richard E. Olivieri
John H . Peterson, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 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 approve the Suffolk
Redevelopment and Housing Authority issuance of its Special
Revenue Bonds for the benefit of Terry/Peterson Associates III
(Shore Drive Apartments) .
11/5/33
FISCAL IMPACT STATEMENT
DATE: February 12, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH , VIRGINIA
PROJECT NAME: Terry/Peterson Associates III Project
TYPE OF FACILITY: Approximately 250-unit Rental Apartment Project
1 . Maximum amount of financing sought $J__2l5QO, 000
2. Estimated taxable value of the facility' s
real property to be constructed in the
municipality $x , 500, 000
3. Estimated real property tax per year
using present tax rates $ 68/000
4. Estimated personal property tax per
year using present tax rates
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods $ 7 , 000, 000 During const.
and services that will be purchased tion
locally $ 240 , 000 Thereafter
7. Estimated number of regular employees on
year round basis _ 10
8. Average annual salary per employee $ 151000 — _
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 repect
thereto.
City of Virginia Beach
Development Authority
B '
Chairman
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Sw ' 'k ,MS, PROJECT NAME:
- a` '"
Associates II
� � � Terry/Peterson s iates
�a � � dec Project (Shore Drive Apartments
"" ICA" PROJECT LOCATION
11:
" w1" : d Intersection of Shore Drive and
Py ecr
IP ,e,,? r "•f. �4,�r, ,e� Northampton Boulevard in Vi;r-
,-• G 4 ." : ,ii--,' ginia Beach, Virginia
ft, if/ s f i� ra i !i I 1 TYPE OF PROJECT:
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I � 4'r
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RESOLUTION APPROVING THE ISSUANCE OF
SPECIAL REVENUE BONDS
(TERRY/PETERSON ASSOCIATES III PROJECT)
WHEREAS, the City of Virginia Beach Development Authority
(the "Development Authority" ) has considered the application
of Terry/Peterson Associates III, a Virginia general part-
nership, or any partnership or corporation of which Frederick
J. Napolitano is a partner or shareholder (the "Company" )
to the Suffolk Redevelopment and Housing Authority (the "Housing
Authority" ) for the issuance of the Housing Authority' s special
revenue bonds in an amount not to exceed $12, 500 , 000 (the
"Bonds" ) pursuant to § 103 (b) ( 4 ) (A) of the Internal Revenue
Code of 1954 , as amended, to assist in financing the acquisi-
tion, construction, and equipping by the Company of an ap-
proximately 250-unit rental apartment project to be located
at the intersection of Shore Drive and Northampton Boulevard
in the City of Virginia Beach, Virginia (the "Project" ) and
has held a public hearing thereon on February 12, 1985 ; and
WHEREAS, the Development Authority has requested the
City Council (the "Council" ) of Virginia Beach, Virginia (the
"City" ) to approve the construction of the additional housing
and issuance of the Bonds by the Housing Authority to comply
with Section 103 (k) of the Internal Revenue Code of 1954 ,
as amended, the proposed final Treasury regulations issued
11
SII
thereunder; and
WHEREAS, a copy of the Housing Authority' s resolution
approving the issuance of the Bonds, and a copy of the De-
velopment Authority' s resolution recommending approval of
the Bonds by the Council, subject to terms to be agreed upon,
and a record of the public hearings held thereon has been
filed with the Clerk of the Council ;
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 additional housing to be provided by the Project
and further approves issuance of the Bonds by the Suffolk
Redevelopment and Housing Authority for the benefit of the
Company, to the extent of and as required by Section 103 (k)
of the Internal Revenue Code, to permit the Housing Authority
to assist in the financing of the Project.
2 . The approval of the issuance of the Bonds, as required
by Section 103 (k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, and the Bonds
shall provide that neither the City, the City of Suffolk,
the Development Authority, nor the Housing Authority shall
be obligated to pay the Bonds 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
-2-
taxing power of the Commonwealth of Virginia, the City, the
City of Suffolk, the Development Authority, or the Housing
Authority shall be pledged thereto.
3 . This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on February 25, , 1985 .
APPROVED AS TO CONTENT
SICfti:,l'U:i:i
DEPARTMENT
APP AS TO hO.ILZ /
I NATURE
CITY ATTORNEY
II
I
-3-
February 25, 1985
i !I
- 30 -
Item II-J.2
ORDINANCES ITEM # 23252
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED the following Ordinances:
ORDINANCE TO AMEND THE FRANCHISE AGREEMENT AWARDED TO
OCEAN RESCUE, INC. , ON APRIL 25, 1983, AUTHORIZING THE
FRANCHISEE TO CONDUCT CERTAIN BEACH EQUIPMENT RENTAL
OPERATIONS AND TO PROVIDE LIFEGUARD AND OTHER SERVICES
ALONG THE OCEANFRONT.
A N D,
ORDINANCE TO AMEND THE FRANCHISE AGREEMENT AWARDED TO
VIRGINIA BEACH PATROL, INC. , ON APRIL 25, 1983,
AUTHORIZING THE FRANCHISEE TO CONDUCT CERTAIN BEACH
EQUIPMENT RENTAL OPERATIONS AND TO PROVIDE LIFEGUARD
AND OTHER SERVICES ALONG THE OCEANFRONT.
These Ordinances were further AMENDED precluding the SALE OF SUNTAN LOTION
and disallowing the vending of any items.
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
February 25, 1985
-30a - j l
AN ORDINANCE TO AMEND THE FRANCHISE AGREEMENT
AWARDED TO OCEAN RESCUE, INC. ON APRIL 25, 1983 ,
AUTHORIZING THE FRANCHISEE TO CONDUCT CERTAIN
BEACH EQUIPMENT RENTAL OPERATIONS AND TO PROVIDE
LIFEGUARD AND OTHER SERVICES ALONG THE OCEANFRONT
WHEREAS, City Council awarded a Franchise Agreement to
Ocean Rescue, Inc. on April 25, 1983, authorizing the Franchisee
to conduct certain beach equipment rental operations and to
provide lifeguard and other services along the oceanfront in the
City of Virginia Beach; and
WHEREAS, Ocean Rescue, Inc. has requested that their
Franchise Agreement be amended as shown in the attached Franchise
Agreement dated April 25, 1983, and amended February 25, 1985;
and
WHEREAS, a descriptive notice of the changes requested
by Ocean Rescue, Inc. has been advertised for ten consecutive
days in a newspaper having circulation throughout the City of
jl
Virginia Beach; and
WHEREAS, following a public hearing on the proposed
changes , City Council is of the opinion that the amendments
requested by Ocean Rescue, Inc. will further the public' s health,
safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the changes requested by Ocean Rescue, Inc. as
shown in the attached Franchise Agreement, dated April 25, 1983,
and amended February 25, 1985, a copy which is incorporated by
reference be and the same hereby are adopted.
Adopted by the Council of the City of Virginia Beach ,
Virginia, on this 25 day of February , 1985.
RJN/cb
2/20/85
February 25, 1985
- 30b -
AN ORDINANCE TO AMEND THE FRANCHISE AGREEMENT AWARDED
TO VIRGINIA BEACH PATROL, INC. ON APRIL 25, 1983,
AUTHORIZING THE FRANCHISEE TO CONDUCT CERTAIN BEACH
EQUIPMENT RENTAL OPERATIONS AND TO PROVIDE LIFEGUARD
AND OTHER SERVICES ALONG THE OCEANFRONT
WHEREAS, City Council awarded a Franchise Agreement to
Virginia Beach Patrol, Inc. on April 25, 1983, authorizing the
Franchisee to conduct certain beach equipment rental operations
and to provide lifeguard and other services along the oceanfront
in the City of Virginia Beach; and
WHEREAS, Virginia Beach Patrol, Inc. has requested that
their Franchise Agreement be amended as shown in the attached
Franchise Agreement dated April 25, 1983, and amended February
25 , 1985 ; and
WHEREAS, a descriptive notice of the changes requested
by Virginia Beach Patrol, Inc. has been advertised for ten
consecutive days in a newspaper having circulation throughout the
City of Virginia Beach; and
WHEREAS, following a public hearing on the proposed
changes , City Council is of the opinion that the amendments
requested by Virginia Beach Patrol , Inc. will further the
public' s health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the changes requested by Virginia Beach Patrol,
Inc. as shown in the attached Franchise Agreement, dated April
25, 1983, and amended February 25, 1985, a copy which is
incorporated by reference be and the same hereby are adopted .
Adopted by the Council of the City of Virginia Beach ,
Virginia, on this 25 day of February , 1985.
RJN/cb
2/20/85
February 25, 1985
- 31 -
Item II-J.3
RESOLUTION ITEM # 23253
ADD-ON
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City
Council ADOPTED the following Resolution:
RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA REQUESTING THAT THE GOVERNOR VETO
SENATE BILL NO. 536 WHICH AMENDS AND REENACTS
SECTIONS 13. 1-92 AND 13. 1-93 OF THE CODE OF VIRGINIA,
RELATING TO REINSTATED STOCK CORPORATIONS.
The Mayor requested the CityManager forward a telegram g to the Governor of the
Commonwealth of Virginia, as well as an EXECUTED COPY of this Resolution shall
be HAND CARRIED to the Governor.
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
February 25, 1985
- 31
A RESOLUTION OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
REQUESTING THAT THE GOVERNOR VETO
SENATE BILL NO. 536 WHICH AMENDS AND
REENACTS SECTIONS 13. 1 -92 AND
13 .1-93 OF THE CODE OF VIRGINIA,
RELATING TO REINSTATED STOCK CORPORATIONS
WHEREAS, Senate Bill No. 536 has been passed by the
State legislature; and
WHEREAS, this legislation requires any court having
11
before it a receivership proceeding due solely to the corporation
having been dissolved, upon presentation to it of a certified copy
of an order of reinstatement from the commission to dismiss,
terminate and dissolve the receivership proceeding; and
WHEREAS, passage of this legislation has taken away from
the Courts their control and administration of presently pending
and future receivership proceedings; and
WHEREAS, the courts have proven to be the appropriate
forum to oversee dissolution and receivership proceedings and,
therfore, should not be removed from this important aspect of
corporate dissolutions and receiverships by operation of law
without consent of the court.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
1. That the Council of the City of Virginia Beach
respectfully and strongly requests that the Governor veto Senate
Bill No. 536 which would amend and reenact §§ 13.1-92 and 13.1-93
of the Code of Virginia relating to reinstated corporations which
would by operation of law and without the court' s consent remove
from the court the power to oversee and administer dissolutions of
corporations.
2. That this Resolution be in effect from and after its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia the 25 day of February , 1985.
APP%vVCD AS TO CC):::':';;T
SIGNAJkC —
JAR/re --------_�_ _ _
2/25/85 _r .z.:tti, �,.
(RES.3)
February 25, 1985 I
- 32 -
Item II-K.
CONSENT AGENDA ITEM # 23254
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED in ONE MOTION Items 1 through 13 of the CONSENT AGENDA.
The City Clerk noted Correction in the RESOLUTION IN RECOGNITION to Lillian
DeVenny (Item II-K.2 of the Consent Agenda) .
The City Clerk noted Item II-K.3 was ERRONEOUSLY placed on the CONSENT AGENDA
as same did not require a vote.
Councilwoman Henley, Councilman Robert G. Jones, Vice Mayor Reba S. McClanan,
and Councilwoman Oberndorf voted a VERBAL NAY on Item II-K.6 of the Consent Agenda.
Councilwoman Oberndorf ABSTAINED on the BINGO PERMIT of WOMEN'S AMERICAN
ORT (See Item II-K. 11b of the Consent Agenda)
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
February 25, 1985
- 33 -
Item II-K. 1
CONSENT AGENDA ITEM 41 23255
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Coucil ADOPTED a RESOLUTION IN RECOGNITION:
William Warden, M.D.
Member
Eastern Virginia Medical Authority
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
*Verbal Aye
February 25, 1985
_ 33a _
lil
Illi
RESOLUTION OF APPRECIATION
TO
1 1
WILLIAM WARDEN
I
WHEREAS: William Warden served as a member of the
Eastern Virginia Medical Authority, 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 personal sacrifices and
inconveniences, not only to him but frequently to his family.
We trust much satisfaction was realized in successfully
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 successful growth depends
upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council here assembled pauses in its deliberations to
express pride in and deepest gratitude for this service to
WILLIAM WARDEN
BE IT FURTHER RESOLVED: That this Resolution be framed
for presentation with a copy spread upon the Minutes of this
Formal Session of Virginia Beach City Council this Twenty-
Fifth day of February, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
February 25, 1985
Iii
- 34 -
Item II-K.2
CONSENT AGENDA ITEM # 23256
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a RESOLUTION IN RECOGNITION to:
Lillian DeVenny
Chairman
Mayor's Task Force Against Drunk Driving
The City Clerk noted a correction to this Resolution. The Corrected Version is hereby
made a part of the proceedings.
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
*Verbal Aye
February 25, 1985
- 34a-
RESOLUTION
4aRESOLUTION IN RECOGNITION
WHEREAS: Lillian DeVenny's crusade against drunk drivers began on a dark
highway in North Carolina when her 21-year old daughter, Carrie, was killed on
Good Friday, April 13, 1979. It was just an ordinary trip to the store with her
husband who was stationed at Fort Bragg. Her husband, who survived the crash,
remembers they were laughing and enjoying the ride when, all of a sudden, a
speeding auto struck the rear of their jeep, flipped them into the air -- Carrie
was thrown more than one hundred feet onto the highway and her husband landed in
a ditch filled with water;
WHEREAS: Many circumstances have impacted upon this accident and the grief
Mrs. DeVenny has experienced through which she found strength in her purpose.
She has joined the national fight against drunk driving with the organization
known as VODD (Virginians Opposing Drunk Driving);
WHEREAS: Lillian DeVenny is gifted with many talents, her only daughter,
Carrie, was a graduate of Cox High School, a student at Virginia Wesleyan College
and participated in various theater productions with her mother -- the last being
"Music Man" in 1976; and,
WHEREAS: Through the death of Carrie DeVenny Paganini, Lillian DeVenny has
appealed to state officials, lobbied legislators and prevailed upon law
enforcement to insure that others do not suffer the loss of a life for the lack
of laws to prevent drunks from driving. Mrs. DeVenny heads the Mayor's Task
Force Against Drunk Driving and recently was named the winner in the J. C. Penny
Golden Rule Award.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognize
LILLIAN DEVENNY
for her devotion to purpose, dedication to her fellow citizens and tireless
effort to realize her goal in crusading against drunken drivers in this City, the
Commonwealth of Virginia and the nation as a whole.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation and
spread upon the Minutes of the Regular Session of Virginia Beach City Council
this Twenty-Fifth day of February, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
February 25, 1985
- 35 -
Item II-K.3
CONSENT AGENDA ITEM # 23257
The City Clerk noted this Item (ARCHITECT DESIGN AWARD TO WALSH ASHE ASSOCIATES)
was ERRONEOUSLY placed on the CONSENT AGENDA, as same did not require a vote.
• I
February 25, 1985
- 36 -
Item II-K.4
CONSENT AGENDA ITEM # 23258
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance, upon FIRST READING, to appropriate funds
of $12,000 to support the concept of building a STADIUM in the Hampton
Roads area.
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
*Verbal Aye
February 25, 1985
- 36a -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $12,000 TO SUPPORT THE
CONCEPT OF BUILDING A STADIUM
IN THE HAMPTON ROADS AREA
WHEREAS, the members of the Council of the City Virginia
Vir inia
Beach are interested in the concept of a regional stadium, and
WHEREAS, the Future of Hampton Roads, Inc. has been formed to
examine the feasibility of building a regional stadium in the Hampton Roads
area, and
it
WHEREAS, the City's share of the cost of this study would be
$12,000, at $.04 per capita, to be transferred from the Reserve for
II
Contingencies.
it
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $12,000 be transferred from the Reserve for
Contingencies to be used as the City's share of the cost of the study being
performed by the Future of Hampton Roads, Inc,. to determine the feasibility
of building a regional stadium in the Hampton Roads area.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 1985.
FIRST READING: February 25, 1985
February 25, 1985
l
RATS 16/ORD7-1
- 37 -
Item II-K.5
CONSENT AGENDA ITEM # 23259
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance, upon FIRST READING, to appropriate funds of
$50,000 for the purchase of a COMPUTERIZED MANAGEMENT SYSTEM for TIDEWATER
VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP) .
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
*Verbal Aye
February 25, 1985
- 37a -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $50,000 FOR THE PURCHASE
OF A COMPUTERIZED MANAGEMENT SYSTEM
FOR TIDEWATER VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM (TVASAP)
WHEREAS, TVASAP is in need of an internal computerized manage-
ment system because of the increasing number of court referrals in both
Virginia Beach and Norfolk, and
WHEREAS, this internal computerized management system will
enable a constant exchange of data and information between the TVASAP head-
quarters, the Norfolk TVASAP branch, the Virginia Beach and Norfolk courts
and the Navy ASAP offices, and
WHEREAS, the cost of this computerized management system totals
$60,000, $10,000 of which is currently appropriated for the purchase of data
processing equipment, and
WHEREAS, the additional $50,000 may be appropriated for the
system from the TVASAP Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $50,000 be appropriated from the Fund Balance
of TVASAP to purchase an internal computerized management system.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of , 1985.
FIRST READING: February 25, 1985
SECOND READING:
February 25, 1985
KAR/2 ORD12
- 37b -
CITY OF VIRGINIA BEACH, VIRGINIA
FISCAL IMPACT STATEMENT - OPERATING BUDGET ITEMS
FOR THE FIVE FISCAL YEARS ENDING JUNE 30, 1985 THROUGH 1989
1 . Description: Acquisition of automated office equipment for Tidewater VASAP.
2. Requested By: Jack Andrews
3. Fund Affected: 132
FISCAL YEARS
1985 1986 1987 1988 1989 Five-Yeak
1 2 3 4 5 Total
4. Fiscal Impact Analysis:
a. Number of Personnel: - (1) (1) - - (2)
(Full-time equivalents)
b. Costs:
Personnel - (10,608) (22,272) (23,424) (24,624) (80,928)
Fringe Benefits - (2,835) (5,882) (6,114) (6,356) (21,187)
Other Operating Costs - 3,600 3,600 3,600 3,600 14,401'
Capital Costs 60,000 - - - - 60,000
Total Costs - - - - - -
Less: Deductions - - - - - -
Net Impact to Fund 60,000 (9,843) (24,554) (25,938) (27,380) (27,7151)
c. Anticipated Revenues - - - - - -
5. Affect on Ending Balance of Fund:
Balance Beginning of Year: 158,546
Adjustments to Date: -0-
Amended Balance to Date: 158,546
Balance as a Result of this Action: 108,546
6. Comments: It is estimated that it will be January, 1986 before the total benefits of
the equipment will be realized. At that time, the need for two (2) Clerk Typist II's
will be eliminated. The personnel cost savings is based on those two positions.
R
KAR/2 0 DMEM012 C
February 25, 1985
- 38 -
Item II-K.6
CONSENT AGENDA ITEM # 23260
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer $244,192 of Capital Project Funds
from Project #6-316 to Project #6-931 SANDBRIDGE SEWER-PHASE I for a
cost participation agreement with FALSE CAPE ENTERPRISES, INC. ; and,
AUTHORIZED and directed the City Manger to execute said agreement.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech* Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr. ,
and J. Henry McCoy, Jr. , D.D.S.
Council Members Voting Nay:
:
Barbara M. Henley, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
SII
February 25, 1985
- 38a -
AN ORDINANCE TO TRANSFER $244,192
OF CAPITAL PROJECT FUNDS FROM PROJECT #6-316
TO PROJECT #6-931
SANDBRIDGE SEWER - PHASE I FOR A
COST PARTICIPATION AGREEMENT WITH
FALSE CAPE ENTERPRISES, INC. AND
TO AUTHORIZE AND DIRECT THE CITY MANAGER
TO EXECUTE SAID AGREEMENT
WHEREAS, False Cape Enterprises, Inc. is desirous of developing
land located in the Lago Mar Subdivision in the Princess Anne 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
I
WHEREAS, the city's share of costs is estimated at $244,192 for
sewer improvements with such costs to be charged to a new sewer capital pro-
ject and with funds to be transferred from project 6-316 Various Sewer
Projects, and •
WHEREAS, such construction at this time will provide for future
needs and prevent the city from having to incur additional operating and
maintenance costs at a later date.
I
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that project 6-931 Sandbridge Sewer-Phase I is hereby
established as a capital project and that $244,192 is transferred from pro-
ject 6-316 Various Sewer Projects in the 1980 Water and Sewer Referendum
Fund to cover the city's share of the cost participation agreement.
BE IT FURTHER ORDAINED that the City Manager is hereby
authorized and directed to execute the cost participation agreement with
False Cape Enterprises, Inc. for construction of sewer facilities. Said
agreement is hereby approved and attached as Exhibit "A."
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the city of Virginia Beach on the
25 day of February , 1985 •
February 25, 1985
RATS-16/ORD3-1
- 39 -
Item II-K. 7
CONSENT AGENDA ITEM # 23261
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Coucil ADOPTED an Ordinance to transfer $70,000 of Capital Project Funds
from Project #6-316 to Project #6-959 PEMBROKE MEADOWS SEWER for a cost
participation agreement with PEMBROKE MEADOWS ASSOCIATES; and, AUTHORIZED
and directed the City Manager to execute said agreement.
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
*Verbal Aye
February 25, 1985
- 39a -
AN ORDINANCE TO TRANSFER $70,000
OF CAPITAL PROJECT FUNDS FROM PROJECT #6-316
TO PROJECT #6-959
PEMBROKE MEADOWS SEWER FOR A
COST PARTICIPATION AGREEMENT WITH
PEMBROKE MEADOWS ASSOCIATES AND
TO AUTHORIZE AND DIRECT THE CITY MANAGER
TO EXECUTE SAID AGREEMENT
WHEREAS, Pembroke Meadows Associates is desirous of developing
land located in the Pembroke Area in the Bayside 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 $70,000 for
sewer improvements with such costs to be charged to a new sewer capital pro-
ject and with funds to be transferred from project 6-316 Various Sewer
Projects, and
WHEREAS, such construction at this 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 ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that project 6-956 Pembroke Meadows Sewer is hereby
established as a capital project and that $70,000 is transferred from pro-
ject 6-316 Various Sewer Projects in the 1980 Water and Sewer Referendum
Fund to cover the city's share of the cost participation agreement.
BE IT FURTHER ORDAINED that the City Manager is hereby
authorized and directed to execute the cost participation agreement with
Pembroke Meadows Associates for construction of sewer facilities. Said
agreement is hereby approved and attached as Exhibit "A."
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
25 day of February , 19 85
February 25, 1985
RATS-16/ORD6-1
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, made this 18th day of January, 1985, by
and between FALSE CAPE ENTERPRISES, INC. , a Virginia
Corporation, hereinafter referred to as "Owner" , and the
CITY OF VIRGINIA BEACH, VIRGINIA hereinafter referred to as
it
the "City" .
WHEREAS,
Owner is seized in fee simple of 694 acres +/-
known as the Subdivision of Lago Mar ; and
WHEREAS, Owner is desirous of improving the Project
(see Exhibit A for Project limits) 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
WHEREAS, the City has requested that such construction
be greater in scope than is necessary to provide sewer
service to this Project ; and
WHEREAS, such construction is of value to the City in
ovidin service to customers other than those within the
pr g
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 prepared
by Talbot & Associates and titled Construction Plans of Lago
Mar, Section 6 - Phase I (dated November 4, 1983, project
No. 3036-3 ) and Sandbridge Interceptor Force Main at Ferrell
Parkway (dated June 8, 1984, project No. 3036-3 ) and
approved by the Department of Public Utilities, copies of
which are on file with the Department.
2. The City shall make cash payments to Owner in the
total amount of TWO HUNDRED FORTY-FOUR THOUSAND ONE HUNDRED
-2-
III
NIN ETY-TWO DOLLARS ($244, 192.00) after successful completion
of the System and acceptance thereof by the City in
accordance with the approved plans . The cost estimate for '
pp
ISI
this agreement is attached as Exhibit B. The Owner will
submit monthly requisitions for the quantity of work
11performed with payment made by the City within thirty (30)
q
days after receipt of the requisition. Ten percent (10%) of
the totala ment will be withheld until the System is
P Y II
accepted. i
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer
facility System.the S stem. Any such connection may be at any
point, and the Cityshall have the right at any time to use
the System to serve persons within and without the Project
limits.
114. 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,
1
-3-
1
I �
ISI
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 orjointly with Owner, lessee, or
purchaser on account hereof, the Owner at its sole cost
shall defend the City against such claims.
6. The Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
ISI
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 .
it
8. Owner will connect to the System at the following
-4-
points : Lago Mar, Section 6 (550 gpm peak flow) at station 0
+ 28 on Atwoodtown Road (Lago Mar, Section 6 Construction
Plans, sheet 1OC of 17) ; Hells Point Condominiums (175 gpm
peak flow) at station 0 + 28 on Atwoodtown Road (Lago mar,
Section 6 Construuction Plans, sheet 10C of 17) ; Lago Mar
North (1588 gpm peak flow) at station 84 + 78 on proposed
Ferrell Parkway ( Sandbridge Interceptor Force Main
Construction Plans, sheet 3 of 6) ; and Red Mill Farms (1960
gpm peak flow) at station 30 + 87 on proposed Ferrell
Parkway (Sandbridge Interceptor Force Main Construction
Plans, sheet 2 of 6) .
9. This Agreement does not indicate or guarantee the
City's intent to approve anyrezonings in the Owner ' s
Y PP g
Project limits or in the service district for the Sandbridge
II
Interceptor Force Main.
IN WITNESS WHEREOF, False Cape Enterprises , Inc. has
caused its name to be hereunto signed by Edward S. Garcia,
Jr. , its President , and the City of Virginia Beach,
-5-
Virginia, has caused its name to be hereunto signed by
Thomas H. Muehlenbeck, its City Manager.
WITNESS the following signatures and seals.
FALSE CAPE EN ERPRISES, INC.
7 By / :
r.• :r: . t - ick 'Jr. ,.
Pr ,sid:n
CITY OF VIRGINIA BEACH
i I
By
Thomas H. Muehlenbeck,
• City Manager
ATTEST:
APPROVED AS TO CONTENTS: APPROVED AS TO FORM:
)4/y. g /-31-RS"
Department of Public City Attorney
Utilities
-6-
r
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me by
Edward S. Garcia, Jr. , President of False Cape Enterprises,
Inc. , this 18th day of January, 1985.
4Z1
Notary Public
My Commission Expires: 9_ais sr
CITY OF VIRGINIA BEACH, to-wit :
The foregoing instrument was acknowledged before by
Thomas H. Muehlenbeck and Ruth Hodges Smith, the City Manager and
City Clerk, respectively, of the City of Virginia Beach, this
day of , 1985.
Notary Public
My Commission Expires:
II
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�, H
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER )
THIS AGREEMENT, Made this day of February , 1985 , by and
between Pembroke Meadows Associates hereinafter referred to as "Owner , "
and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as
the "City . "
WHEREAS, Owner is seized in fee simple of a 10 .2± acre tract of
land located on the south side of Witchduck Road , east of Sullivan
Avenue 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
WHEREAS , the City has requested that such construction be greater
in scope than is necessary to provide service to this Project ; and
WHEREAS , such construction is of value to the City in providing
service to 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 pumping station according
to plans and specifications to be approved by the
Department of Public Utilities .
2 . The City shall release the plans for construction of the
Pembroke Crossings project upon approval of this Agreement
by City Council and the posting of a bond for the construction
of the pump station in the amount of $176 ,970 .70 by the Owner .
3 . The City shall permit the design and construction of a
submersible pump station provided said design plans meet with
the approval of the Director of Public Utilities .
4 . The Owner shall submit final plans within thirty (30 ) days
of the approval of this Agreement by City Council .
5 . The Owner shall initiate construction of the pump station
within thirty (30 ) days of the plans being approved and shall
continue the construction of the facility in a businesslike
manner until completion .
6 . The Owner 'agrees to dedicate to the City the site upon
which the pump station will be constructed and the City
agrees to vacate back to the Owner the existing pump
station site .
7 . The City will not object to the issuance of a pump and
haul permit , should one be required .
8 . The City shall make cash payment to Owner in an amount
not to exceed $70 , 000 after successful completion of the 1
System and acceptance thereof by the City .
9 . The Director of Public Utilities shall determine the exact
amount of participation based upon a final set of approved
plans and an engineer ' s estimate of same .
10 . The City 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 .
11 . 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 .
12 . 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 .
13 . This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs , successorlsi,
and assigns .
14 . 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 WHEREOF , Pembroke Meadows Associates has caused its
name to be hereunto signed by Richard E. Olivieri and Frederick J .
' Napolitano and the City of Virginia Beach , Virginia , has caused its
name to be hereunto signed by , its
City Manager .
WITNESS the following signatures and seals .
PEMBROKE MEADOWS ASSOCIATES
i
BY /�%fit_�,�'7 C a �•
_ 1'
ivieri , enera 'ar ne
1 ii....gil ,
.141:0117171"1 . 'apo 1 ano , enera ar p r
1
i
By : Emilio Olivieri Family Partnership No. 11,
ener. Pa ti-r
i moimp.... v4frifiyi
j ar• . ,r ivieri , 'anaging 'ar - r
I
CITY OF VIRGINIA BEACH
i By :
j (City Manager ) 1 ,
I
ATTEST:
Ili
i I
I APPROVED AS TO CONTENTS:•7--;)::: . /1„4-2,..„..
APPROVED AS TO FORM :7//14.4
C1
�`�,
Department of Public Utilities City Attorney
(/'
-3-
a
I II
IR
STATE OF
VIRGINIA
CITY OF VIRGINIA BEACH , to wit :
The foregoing instrument was acknowledged before me by
fJ II
Rrl a,d af.)/trie i,• and „1,1.r( Jef• 4. YiatieZ a„oof / .Oil L'�14AC..-,
1Zrc_A� .Ll.e , 1l �� a this /4.4i day of r _4?..4JU1n^,if , 1985 .
Notary Public O
1 �
My Commission Expires :
19, .
� II
IIi
1 • STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit :
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith , the City
Manager and City Clerk , respectively , of the City of Virginia
Beach , this day of , 1985 .
•
Notary Public
My Commission Expires :
-4-
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ERSK;hF CT lIt
PEMBROKE MEADOWS SEWER COST PARTICIPATION
(PS 43-C)
- 40 -
Item II-K.8
CONSENT AGENDA ITEM # 23262
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer $136,532 of Capital Project
Funds from Project #6-316 to Project #6-955 PEMBROKE STATION SEWER for
a cost participation agreement with PEMBROKE STATION, INC.
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
*Verbal Aye
February 25, 1985
- 40 a -
AN ORDINANCE TO TRANSFER $136,532
OF CAPITAL PROJECT FUNDS FROM PROJECT #6-316
TO PROJECT #6-955
PEMBROKE STATION SEWER FOR A
COST PARTICIPATION AGREEMENT WITH
PEMBROKE STATION, INC.
WHEREAS, Pembroke Station, Inc. is desirous of developing land
located in the Pembroke Area in the Bayside 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 $136,532 for
sewer improvements with such costs to be charged to a new sewer capital pro-
ject and with funds to be transferred from project 6-316 Various Sewer
Projects, and
WHEREAS, such construction at this time will provide for future
needs and prevent the city from having to incur additional operating and
maintenance costs at a later date.
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that project 6-955 Pembroke Station Sewer is hereby
established as a capital project and that $136,532 is transferred from pro-
ject 6-316 Various Sewer Projects in the 1980 Water and Sewer Referendum I1
Fund to cover the city's share of the cost participation agreement.
BE IT FURTHER ORDAINED that the City Manager is hereby
11
authorized and directed to execute the cost participation agreement with
Pembroke Station, Inc. for construction of sewer facilities. Said agreement
is hereby approved and attached as Exhibit "A."
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the city of Virginia Beach on the
25 day of February , 19 85
February 25, 1985
RATS 16/ORDS
-1
I.
4
CITY OF VIRGINIA BEACH
DEPARTKiENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWED)
THIS AGREEMENT, Made this 23rd day of January , 1985 , by and
between Pembroke Station, Inc. hereinafter referred to as "Owner", and
the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of Parcel "B" , Subdivision of
Property Owned by Pembroke Station, Inc.
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 I ,
WHEREAS, in order for Owner to provide sewer service to this Project, it is
necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in scope than
is necessary to provide service to this Project and
WHEREAS, such construction is of value to the City in providing service to
custaners 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 a cash payment to the Owner in the amount of $136,532.00!.,
for work c be .
Payment shall be made on a monthly basiscompleted. Payment request shall b
submitted to Miller-Fax-Stephen son, •P.C. , the Engineer, for approval. The City shall
withhold 10L ($13,652.20) until after successful completion of the system and accept
t nce thereof by the City in accordance with Exhibit A.
1
Aa
3. The City 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.
it
II
('N
IN WITNESS Wit ' a•F, the parties hereto have executed and sealed this
agreement as of the dayand
year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
City Manager
DATE
ATTEST:
(SEAL)
City Clerk
'DM°114/1
BY /�..41/1.4/4( '
DATE /v 2 1 -
4 • e /ff.. (S )
Secrt y
APPROVED AS 11X) 7.NTS:
Depart nt of Public p ities
/s/yr
APPROVED AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
STATE OF Ja .
CITY O 'UQ• ' 0..g4401>
I, \.ID At() T , a Notary Public in and for the City and
State aforesaid, do hereby certify that Charles Berkeley
and James M. Arnhold President and Secretary, respectively,
of Pembroke Station, Inc. whose names are signed to the writing
above, bearing date of Jan. 23, 1985have acknowledged the same before me in my City
and State aforesaid.
Given under my hand this d 3 day ofn • ,
1985.
•
My Commission Expires � 1 •
LGAi Ailatte‘616
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of , 1985.
Notary Public
My
Commission Expires:
jl
1 1 1 III
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O , ' ! ,•� °, 1' .� .s - ,11. y PEMBROKE STATION ,-,.„,-7, --- 3 J .. 1
coP ` ' i.o y �� `o"s E�\o DEVELOPMENT N ;i o W'`��J'� ° o
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:'T��rvii/sl 1 EAT ON CT \!1 9�N"jay► \ g y0 ^{„ .SCI ON7 DUh'CERDAIE R °sN !.`yFs_ �) ? :_ s !'O! O F sT3 tMBOY R4` y n------ TOP • p9 � � !a !iaO Rq, S CExIRA50NT CT p0 �S `�� O �p 2� ryl E^TH i r 90 U4C T�~ HS1 VIU-eODr;EWAY �9 IEE �P GF `� O!i'YI b I 'If f 1! \`eDR9rso ,�t� C _ F,Py ,) , f q0 1,/ y4lCy C a
l' MOOR O ° GQ �% \Gr n ' ysy ��LJl i' D _, p0 !� �, ,_ .
tr'��.Q1.0/11' r ' �. 9�L.�Ci „ a0 0 ,.Q.. .y�' <so. O — r_ �i \ r`... •E.�.%C
EXHIBIT SHOWING PEMBROKE STATION DEVELOPMENT .AND
OFF-SITE SERVICE AREA FOR CITY PUMP STATION
(E 8-75)
n1 Z7.5-761.5----
i I
1
•
- 41 -
Item II-K.9
CONSENT AGENDA ITEM # 23263
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the LOW BID of INNER-VIEW, LTD. , in the amount of
$55,370.50, for the demolition of WEAVER DRIVE PUMPING STATION and
EXTENSION OF GRAVITY SEWER to serve Williams Village (CIP 6-915) ; AND,
authorized the City Manager to enter into the necessary agreements for
the implementation of this project.
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
*Verbal Aye
February 25, 1985
- 42 -
Item II-K.10
CONSNET AGENDA ITEM # 23264
Upon motion by Councilman McCoy, seconded by Cuncilwoman Creech, City
Council ADOPTED an Ordinance authorizing the City Manager to execute a
Deed of Vacation and Quitclaim vacating a 5' easement for drainage
facilities across property of OUTLET MALL PROPERTIES.
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
*Verbal Aye
February 25, 1985
- 42a -
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF VACATION
AND QUITCLAIM VACATING A 5 ' EASEMENT
FOR DRAINAGE FACILITIES ACROSS
PROPERTY OF OUTLET MALL PROPERTIES
WHEREAS, Outlet Mall Properties, a Virginia general
partnership, is the owner of those certain pieces of property
designated as "PARCEL C-1 " and "PARCEL C-2" on that certain plat
entitled "PLAT OF PARCELS A,B,C-1&C-2 BEING A SUBDIVISION OF A
PARCEL OF LAND SITUATED ON THE EAST SIDE OF INDEPENDENCE BOULEVARD
AS SHOWN IN MB147, PG56 KEMPSVILLE BOROUGH VIRGINIA BEACH,
VIRGINIA, " dated May 17 , 1983, revised June 7 , 1983, prepared by
Langley and McDonald, Engineers-Planners-Surveyors , a reduced copy
of which is attached hereto and made a part hereof as Exhibit A;
and
WHEREAS, by legend noted on Exhibit A, which plat was
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach , Virginia, in Map Book 170, at Page 51 , Wards
Company, Inc. , predecessor in title to Outlet Mall Properties,
dedicated to the City of Virginia Beach 5 ' easements contiguous
with and parallel to the lot lines between parcels C-1 and C-2 for
installation and/or maintenance of drainage facilities; and
WHEREAS, Outlet Mall Properties has requested that the
City vacate the 5 ' easements for drainage facilities on either
side of the lot lines between parcels C- 1 and C-2, shown as the
shaded area on the attached Exhibit A (hereinafter the "Easement
To Be Vacated" ) ; and
WHEREAS, it has been determined by the Department of
Public Works that the Easement To Be Vacated is in excess of the
needs of the City of Virginia Beach ,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Easement To Be Vacated is in excess of the needs
of the City of Virginia Beach and is hereby vacated ; and
That the City Manager is hereby authorized to execute a
Deed of Vacation and Quitclaim between the City of Virginia Beach
February 25, 1985
- 42b -
and Outlet Mall Properties releasing the City's interest in the
Easement To Be Vacated, a copy of which is attached hereto and
made a part hereof as Exhibit B.
Adopted by the Council of the City of Virginia Beach ,
Virginia, on February 25, 1985
CJ/da
(C)
2/7/8 5
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Exhibit B
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, '
party of the first part, and OUTLET MALL PROPERTIES, a Virginia
t general partnership, Gallery Building, 101 Granby Street ,
Norfolk, Virginia, 23510, party of the second part.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS,
Ii
I ($ 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 all of its right , title, and interest, if any
I
in and to the following described property:
That certain five-foot easement for
installation and/or maintenance of
drainage facilities contiguous with
and parallel to the lot lines
between those certain pieces of
property designated as "PARCEL C-1 "
and "PARCEL C-2 ," on that certain
plat entitled "PLAT OF PARCELS
I; A,B,C-1 &C-2 BEING A SUBDIVISION OF A
I
PARCEL OF LAND SITUATED ON THE EAST
SIDE OF INDEPENDENCE BOULEVARD AS
SHOWN IN MB147,PG56 KEMPSVILLE
BOROUGH VIRGINIA BEACH, VIRGINIA, "
dated May 17 , 1983, revised June 7 ,
1983, prepared by Langley and
McDonald, Engineers-Planners-
Surveyors, Virginia Beach and l
Williamsburg, Virginia, and recorded
in the Clerk's Office of the Circuit
Court of the City of Virginia Beach ,
Virginia, in Map Book 170, at Page
ii 51 , which easement was previously
IIS
I
II
dedicated to the of
CityVirginia
Beach by Note 1 shown on the
aforesaid plat.
SAVE AND EXCEPT all other easements
dedicated to the City of Virginia
Beach, as referenced on the
aforesaid plat, not herein or
heretofore released.
This conveyance is made subject to conditions ,
restrictions, easements, and reservations of record in the chain
lof title, ifconstitutingconstructive notice thereof.
iany,
IN WITNESS WHEREOF, the City of Virginia Beach has
caused its name to be signed by its City Manager and its seal to !
I 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
I �
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 certii
I that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITHfi
-2-
1
City Clerk, for the City of Virginia Beach , whose names are
signed to the foregoing Deed of Vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
CJ/da
2/7/85
(27-C.2)
-3-
I
- 43 -
Item II-K. 11a.
CONSENT AGENDA ITEM II 23265
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the following:
BINGO PERMIT: PLAZA DRILL TEAM
BINGO/RAFFLE PERMIT: PLAZA RECREATION, LTD.
VETERANS OF FOREIGN WARS POST #392
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
*Verbal Aye
February 25, 1985
- 44 -
Item II-K. 11b.
CONSENT AGENDA ITEM II 23266
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the following:
BINGO/RAFFLE PERMIT: WOMEN'S AMERICAN ORT
Voting 9-0
Council Members Voting Aye:
e:
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, and J. Henry McCoy, Jr. ,
D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
*Verbal Aye
February 25, 1985
- 45 -
Item II-K. 12.
CONSENT AGENDA ITEM # 23267
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, 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 $2,969.86.
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
*Verbal Aye
11
February 25, 1985
-ORM NO. C.A. 7 - 45a - 2/8/85 EMC
AN ORDINANCE A CE 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- Dater
Year Penalty Int. Total ',
of Tax Number tion No. Paid
I
Jim Hruska 84 PP 187055-6 12/1/84 179.88
Va Beach Golf Club Inc 83 PP 147198-0 9/16/83 1 ,005.31
Patricia M Martin 84 PP 191592-8 11/20/84 87.78
Gary D McDougal 84 PP 192208-2 1/8/85 20.61
Gary & Becky McDougal 84 PP 192207-3 1/29/85 75.33
Cummings Plumbing & Heating 83 PP 189609-4 1/31/85 144.88
Stephen P Bartlett 84 PP 173581-9 12/4/84 40.74
Geras D Watkins 84 PP 160780-6 10/5/84 12.48
Thomas & Cynthia Potter 84 PP 196335-9 11/14/84 3.54
Mabel & Elizabeth Davenport 85 RE(1/2) 22194-9 1/28/85 115.29
R G Moore Bldg 83 RE(1/2) 57403-3 12/5/82 313. 3
R G Moore Bldg 83 RE(2/2) 57403-3 6/5/83 313.6
R G Moore Bldg 84 RE(1/2) 60621-2 12/5/83 313.68
R G Moore Bldg 84 RE(2/2) 60621-2 6/5/84 313.68
Claston Lineberry N/A Pkng 69981 2/1/85 30.0
III
I '.
Total 2,969.861
lil
I
WI .
FER I '
E)E 3.i L,f- LAVA l
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certifiled to pay - t;
r:.
$2.969.86 were approved by ;
the Council of the City of Virginia /'
Beach on the 25 day of February, I /A
John " . Atkinson, Treasurer
Approved as to for :
Ruth Hodges Smith6111
City Clerk
• /0/1 r A 1%,/ 1-0
a . Dale Bims•n, City Attorney
February 25, 1985
- 46 -
Item II-K. 13
CONSENT AGENDA ITEM # 23268
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances authorizing License Refunds upon application
of certain persons and upon certification of the Commissioner of the
Revenue in the amount of $12,874.75.
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. , j
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
*Verbal Aye
February 25, 1985
- 46 a-
FORM NO. C.A.•
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Haylon Corp.
T/A 17th St. Surf Shop
307 Va. Beach Blvd. Audit 87 . 98 87' 9 '
Va. Beach, VA 23451 1982
LeBeau, Daniel J.
T/A Lebeau Paint Contractor
3553 Continental St. Audit 97. 18 97 . 1
Va. Beach, VA 23452 1984
Medical Weight Control & Guidance System, Inc.
138 Suffolk Plaza, #B Audit 82. 75 82 . 75
Suffolk, VA 23434-4337 1981
Certified as to Payment:
xlmaliOxIthogx Robe P. Vaughan
Commissioner of Revenue
Approved as to f•rm:
•
•, %%I
. Dae Bimson
This ordinance shall be effective from date of
City Attorney
adoption.
The above abatement(s) totaling $267. 91 were approved by the Council
of the City of Virginia Beach on the 25 day ofy Februar , 185----•
II
Ruth Hodges Smith
City Clerk
February 25, 1985
- 46b -
FORM NO. C.A.•
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
B & E Corporation
T/A Piggly Wiggly
3229 Barlborough Way
Va. Beach, VA 23456 1983/84 Audit 2 , 469. 33 2, 469. 33
Boyle, Robert H.
T/A The Bee Hive
4554 Independence Blvd.
Va. Beach, VA 23455 1983 Audit 152. 09 152. 09
Dickens, Edward W.
T/A Shoreline Seafood
2308 Hood Court
Va. Beach, VA 23454 1984 Audit 71. 13 71. .3
Certified as to Payment:
?xIOX&XMXIAK Rob P. Vaugtpan
Commissioner of Revenue
Approved as to form:
_ . /' z zo
. Date Bimso
This ordinance shall be effective from date of Ci y Attorney
adoption.
The above abatement(s) totaling $2 , 692. 55 were approved by the Council
25 February 85
of the City of Virginia Beach on the day of_ , 19 .
Ruth Hodges Smith
City Clerk
February 25, 1t985
- 46c -
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 THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Evans Enterprises, Inc.
T/A Evans & Co.
970 Laskin Rd.
Va. Beach, VA 23451 1983 Audit 92 . 52 92. 52
Friend, Wayne A. & Knox, Alvin F.
T/A Old Dominion Fence & Deck
1444 Lake James Dr.
Va. Beach, VA 23464 1983/84 Audit 18 . 05 18.105
Grandma' s Attic, Inc.
3470 Holland Rd.
Va. Beach, VA 23452 1982/83 Audit 30. 44 30. 44
Certified as to Payment:
XIXIMPXitilifICK Robert Vaughan
Commissioner of Revenue
Approved as to fo m:
11) 1". 14)*
. D.te Bims.
This ordinance shall be effective from date of V ity Attorney
adoption.
The above abatement(s) totaling $141. 01 were approved by the Council
85
of the City of Virginia Beach on the 25 day of February , 19 .
Ruth Hodges Smith
City Clerk
February 25, 1985
- 46d -
FORM NO. C.A.B
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
•
NAME License Date Base Penalty Int. Total
Year Paid
Underhill, Kenneth & Midkiff, J.
T/A J & K
728 Newtown Rd.
Va. Beach, VA 23462 1983 Audit 65. 98 65. 98
Villa Inns, Inc.
T/A Varieties
400 W. 48th Ave.
Denver, CO 80216 1984 Audit 4, 103. 36 4 ,10 . 36
Ward, Bobby & Fogleman, W. D.
T/A Va. Beach Trailer Village
604 Dunrobin Dr.
Orange Park, FL 32073 1983/84 Audit 2, 813. 72 2 , 813. 72
Certified as to Payment:
/00e,!:XI?(XIXRXIltR ( Rob:.0# P. Va •han
Commissioner of Revenue
•
Approved as to form:
(//;0 4:./
J. Date Bimson
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $6, 983. 06 were approved by the Council
of the City of Virginia Beach on the 25 day of February 19 85
Ruth Hodges Smith
II
City Clerk
� I
February 25, 1985
� I
- 46e —
FORM NO. C.A.a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Miller Oil Co. , Inc.
T/A Miller Self Service, Gt. Neck Rd.
P. O. Box 4587
Norfolk, VA 23523 1983 Audit 308 . 08 308 . 08
Nichols, Mary K.
T/A Goodtimes Cafe & Deli
5208 Pleasant Hall Dr.
Va. Beach, VA 23464 1983/84 Audit 49 . 33 49 . 33'
Tru Green Corp.
2875 Northwind Dr. , S-205
East Lansing, MI 48823 1983/84 Audit 2, 432 . 81 2 , 432. 81
Certified as to Payment:
XIXKIXRX d X Robert P./ Vaughan
Commissioner of Revenue
Approved as to f• m:
/ /� / LJ1*
. •ate Bims•n
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $2, 790. 22 were approved by the Council
of the City of Virginia Beach on the 25 day of February 185
Ruth Hodges Smith
City Clerk
February 25, 1985
- 47 -
Item II-L. 1
UNFINISHED BUSINESS ITEM 1/ 23269
STUDY COMMISSION ON
LOCAL GOVERNMENT
Upon motion by Councilman Robert G. Jones, seconded by Councilman Jennings,
City Council DEFERRED INDEFINITELY a RESOLUTION to establish a COMMISSION on
LOCAL GOVERNMENT to study in depth the composition and organization of the
Virginia Beach's form of government and make recommendations.
Mayor Heischober referenced Dr. E. T. "Joe" Buchanan advised VIRGINIA BEACH
TOMORROW plans to study LOCAL GOVERNMENT issues with respect to said
RESOLUTION.
Councilmen Robert Jones and H. Jack Jennings will confer with Dr. Buchanan
and advise City Council.
Voting: 10-0
o ncil Members Voting
C Aye:u
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
February 25, 1985
- 48 -
Item II-L.2
UNFINISHED BUSINESS ITEM II 23270
BOND REFERENDUM ADVERTISING
ADD-ON
The City Manager referenced outline of the PROPOSED Informational Campaign
for the 1985 BOND REFERENDUM distributed to City Council.
This CAMPAIGN will consist of the following items:
1. Four page insert in the School Newsletter,
"Insight". $ 8,220
2. Slide/tape program 6,520
3. Newspaper ads 4,678
4. Radio Advertising 15,890
5. Cost to Public Information Office for
printing/postage 3,530
TOTAL $38,833
I
In addition, the City Manager recommended concise brochure be produced
for distribution. Ten thousand (10,000) copies could be produced for
approximately $1,500.
The City Manager recommended an utilization of approximately $10,000 worth
of Television Advertising.
Approximately $50,000 is needed for the BOND REFERENDUM ADVERTISING.
BY CONSENSUS, City Council AUTHORIZED the City Manager to proceed with the
Bond Referendum Advertising.
February 25, 1985
- 49 -
Item II-M. 1
NEW BUSINESS ITEM 1 23271
JONES AND FRANK
OIL EQUIPMENT CORPORATION
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council SCHEDULED RECONSIDERATION of the 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 at the
City Council Meeting of March 18, 1985. This Ordinance had been DENIED
by City Council on February 11, 1985.
Said property is located at the southeast corner of Princess Anne Road
and Parliament Drive on Parcel E, Section One, Arrowhead in the KEMPSVILLE
BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Ceech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy,Jr. , D.D.S. ,
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
February 25, 1985
- 50 -
Item II-M.2
NEW BUSINESS ITEM # 23272
LAND USE PLANNING
CONSULTANT
The City Manager referenced a Memorandum dated February 20, 1985,
from Director of Planning Robert J. Scott regarding the CONSULTANT
STUDY CONCERNING THE GREEN LINE.
In a letter to Robert A. Longfield, Harland Bartholomew and Assocates,
Inc. , dated January 30, 1985, Robert Scott summarized nine (9) variables
which should be addressed in this Land Consultant Study. This Consultant
is presently involved with the City's Master Street and Highway Plan.
The Consultant, Harland Bartholomew and Associates, responded on February
18, 1985, with a Three-Phase Process to be utilized.
Councilwoman Henley expressed concern regarding the Back Bay Management
Plan as to whether this Consultant can incorporate the recommendations
contained therein.
The City Manager requested Council's Guideance in determining an RFP (Request
for Proposal) concerning this Land Use Study.
The aforementioned letters and Memorandum are hereby made a part of the
record.
BY CONSENSUS, City Council scheduled a WORKSHOP for discussion of the
CONSULTANT STUDY CONCERNING THE GREEN LINE, as well as the BACK BAY MANAGEMENT
PLAN, at 10:00 a.m. on March 4, 1985.
February 25, 1985
- 51 -
Item II-N.
RECESS FOR COUNCIL
APPOINTEE EVALUATION ITEM 41 23273
BY CONSENSUS, City Council DEFERRED THE EVALUATION OF COUNCIL APPOINTEES.
February 25, 1985
- 52 -
Item II-0 .
ADJOURNMENT ITEM 4I 23274
Upon motion by Councilman Baum, and BY ACCLAMATION City Council ADJOURNED
the Meeting at 12: 12 A.M. on February 26, 1985.
Beverl 0. Hooks
Chief Deputy City Clerk
� I
.10 )14
R.th libdges S ith, CMC 'ayor Harold Heischober
City Clerk
City of Virginia Beach
Virginia
February 25, 1985
/bh