JANUARY 21, 1985 MINUTES
@it@ C),f IE3@@@la
"WORLD'S LARGEST RESORT CITY"
crry COUNCIL
MAYOR HAROLD MSCHOBER, At
VICE-MA YOR REBA S. M@CLANAN, P-.. A- B-gh
JO,qN A. BAUM, Bi-k-I., B-,h
NA,VCY A. CREECH, A, L.,g@
ROBERT E. FENTI?ESS, V@@ B-h B-gh
BARBARA M. BEIVLEY P--g- B-gh
H. JACK JENNINGS, JR., L"W.@- B-gh
LOUIS R. JOAIES. B.Y.i& B-gh
ROBERT G. JONES, A, L.,g.
J HENRYM@COY, JR., K.@p.@ B-gh
MEYERA E. OBERAIDORF, A@ L-9,
281 C=HALL BUILDING
MUNICIPAL CE=R
RUTH HODGES SMITH, CMC, Ci@v Cl.,k CITY COUNCIL AGENDA Vrj?GINIA BEACH, VIRCMA U456
[8041427.4SO3
January 21, 1985
Virginia Beach City Council
ITEM 1. SEETING OF VIRGINRA BEACH CITY COUNCIL - Conference Room - 12:30 PM
A. CALL !rO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C- MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSXON OF VIRGXNRA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATRON: Reverend Edward S. Martin, 7r.
Sandbridge Beach United Methodist Church
B. PLE1)GE OF ALLEGIANCE 7'0 THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTROSIC ROLL CALL OF CITY COUNCIL
D. CRTY MANAGER'S ADMINISTRATIVE -RTEMS
1. Review of Consent Agenda
E. MAYORICOUNCRL - DISCUSSIOV OF PERTINENT MATTERS
ITEM 11. F. MINUTES
1. motion to accept/approve the Minutes of January 14, 1985.
C. PRESENTATION
1. Clean Community Commission - "Covernor's Award of
Excellence"
H. PUBLIC REARINC
1. Proposed budgetary increase to appropriate funds of
$1,728,740 to the Capital Project Fund for various capital
projects (CIP)-
I - PLANNXNC
1. Application of Housing systems, Inc. for a variance to
Section 4.4(b) of the Subdivision ordinance which requires
that lot dimensions conform to the Comprehensive Zoning
ordinance. The applicant wishes to subdivide an
approximately 18,000-square foot parcel into two lots.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. ordinance closing, vacating and discontinuing a portion of
Trotter Drive in the petition of Robert E. and Namle P.
Raymond and Elvin F. and Geraldine W. Lilley (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for FINAL approval.
3. Ordinance closing, vacating and discontinuing a portion of
Rouse Drive in the petition of Fred J. Dean XXX (Kempsville
Borough).
a. Letter from the City Manager transmits in
behalf of the applicant an extension of
the 180-day compliance.
4. ordinance closing, vacating and discontinuing a portion of a
30-foot unnamed lane and cul-de-sac adjoining Lots 85-96,
Section 1, Cavalier Park in the pet,tion of the Estate of W.
Taylor Johnson, Sr. (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
-5. Application of the Congrregation of the First Chinese Baptist
Church for a condit:ional use permit for a church addition on
a 40,075-square foot parcel located at 228 Pritchard Road
(Lynnhaven Borough).
a. Letter from the City Manager @ransmits the
recommendation of the P@ning Commission
for approval.
ITEM 11. 1. PLANNING (Cont'd)
6. Application of the Congregation of the Lynnhaven
Presbyter@ Church for a conditional use mit for a
church addition on a 3.5-acre parcel located on the east
side of South Lynnhnaven Road, at its intersection with
Lynnhaven Parkway (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning commission
for approval.
7. Application of Nillor Oil Company for a conditional use
permit for a gasoline service station on a 29,500-square
foot parcel located on the south side of Virginia Beach
Boulevard, east of North Birdneck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Ford Winstead Associates for a conditional
use permit for a small engine repair establishment on a
29,185-square foot parcel located at 3757 Bonney Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Contel Cellular of Norfolk, Inc. for a
conditional use permit for a 100-foot mono pole to support
telecommunications antennae on a 10,440-square foot parcel
located at 1556 Mill Dam Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of.the Planning Commission
for appzoval.
10. Application of Xnell Davis for a conditional use permit for
a home occupation (day care) on a 9,000-square foot parcel
located at 3745 Silina Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Application of Hop-In Food Stores, Inc. for a modification
to the Land Use Plan for Timberlake to allow for a gasoline
service station in conjunction Wl.'th a convenience food
store. This 1.192-acre site is located at the northwest
corner of Independence Boulevard and Green Meadows Drive
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Applications of R. G. Moore Building Corporation for changes
of zoning on undeveloped parcels located at the southern
terminus of Jessica Lane, adjacent to the Salem Lakes
development (Kempsville Borough):
From R-4 Residential District to R-8 Residential District on
a one-acre parcel;
AND,
ITEM ii. 1. PLANNING (Cont'd)
12- From AG-1 Agricultural Distr!Ct to R-8 Residential District
on a 4.4-acre parcel.
(This application was deferred for 60 days on November 19,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. Applications of Windsor Hol@d Properties for changes of
zoning on a 1.07-acre parcel located along the north side of
Holland Road, immediately west of the Holland Plaza Shopping
Center (Kempsville Borough):
From B-2 Community-Business District to A-1 Apartment
District;
AND,
From A-1 Apartment District to B-2 Community-Business
District.
a. Letter from the City 14anager transmits the
recommendation of the Planning Commission
for approval.
14. Application of Robert L. Stephenson for a change of zoning
from 0-1 office District to B-2 Community-Business District
on a 2.832-acre parcel loc t@d on the northeast side of
Princess Anne Road, north of Green Meadows Drive (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
15. Applications of R & J Assc>ciates One for changes of zoning
located on the south side of Little Haven Road, east of
Little Neck Road (Lynnhaven Borough):
From R-2 Residential District to R-3 Residential DiStriCt on
a 16.24-acre parcel;
From R-1 Residential District to R-3 Residential District on
a 57.17-acre parcel,
AND,
a conditional use permit for open space promotion on a
77.51-acre parcel.
a. Letter from the City Mandger transmits the
recommendation of the Planning Commission
for approval.
J. RESOLUTZONSIORDXNANCES
1. Special Revenue Bonds
a. Resolution inviting and encouraging the Suffolk
Redevelopment and Housing AUthority to issue its Special
Revenue Bonds in the amount of $12,500,000 for the
benefit of TerrylPeterson Associates Ill Project.
2. General
a. Ordinance, on FIRST READING, to appropriate funds of
$1,728,740 to the Capital Project Fund for various
capital projects (CIP).
ITEM ii. J. RESOLUTIONSIORDINANCES (Cont'd)
2. b. ordinance to transfer funds of $6,383.00 from the
General Fund Reserve for Contingencies to the Police
Department for reimbursement of legal expenses incurred
by a police officer in the perforinance of his duties.
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. Ordinance, on FIRST READING, to amend and reordain
Article 11, Sections 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a),
18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of virginia
Beach pertaining to the license tax schedule.
2. Ordinance, on SECOND READING, to appropriate funds of
$30,000 from the General Fund Balance to implement the
plan for the Virginia Beach Tomorrow Project.
3. ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Princess Anne Road-
Relocated, to the South@d Corporation, its assigns and
successors in title.
4. ordinance to authorize and direct the City Manager to
proceed with water service to Cornwell Lane.
5. BingolRaffle Permits:
Bingo
Diamond SpringsIGardenwood Park Civic League
Residents' Association of Westminster-Canterbury of
Hampton Roads, Xnc.
Raffle
Virginia Beach Orchestral Association
Bayside Junior Band Parents' Association
BingolRaffle
Loyal Order of Moose-Aragona village Lodge #1198
Virginia Beach soccer Club, Xnc.
Sandbridge Fire Brigade, Inc.
6. Request of the City Treasurer for tax refunds in th@
amount of $2,930.50.
L. UNFXYXSHED BUSINESS
1. Storm Drainage into Lakes: Discussion
2. Report of Council Committee to Study Bond Referendum
M. NEW BUSINESS
1. Tnterim Financial Statements for the period July 1, 1984,
through November 30, 1984
ITEM II. M. NEW BUSINESS (Cont'd)
2. Comprehensive P@ - Proposed Text Changes
N. REC_RSS vOR COUNCIL APPOXNTEE EVALUATXON AFTER WHICH !PO RECESS
THIS REGULAR SESSroN To WEDNESDAY, JANUARR 23, 1985 AT 1:00 P.M-
BIDS: SALE OF $27,470,000 GENERAL OBLIGATXON BONDS, 1985 SERIES
1:00 P.M.
WEDNESDAY, JANUARY 23, 1985
CITY COUNCIL CHAMBERS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 21, 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, January 21, 1985, at 12:30 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., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
Councilwoman Oberndorf entered the EXECUTIVE SESSION at 12:45 p.m.
January 21, 1985
- 2 -
ITEM # 23064
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by
such institution.
3. LEGAL MATTERS: Consultation with legal counsel or 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 Louis Jones, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voting; 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
January 21, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 21, 1985
2:25 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, January
21, 1985, at 2:25 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., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Councl Members Absent:
None
INVOCATION: Reverend Edward S. Martin, Jr.
Pastor
Sandbridge Beach United Methodist
Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 21, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
CONSENT AGENDA
CODE OF THE CITY
PERTAINING TO LICENSE
TAX SCHEDULES ITEM # 23065
Councilman Fentress referenced an Ordinance, on FIRST READING, to amend and
reordain Article II, Sections 18-46, 18-47(a), 18-48(a) and (b), 18-52(a),
18-53(a)(c) (d) and (e), 18-54(a), 18-55(a), 18-56(b)(c) and (d), 18-58,
18-59(a), 18-60(a), 18-62(a), 18-63(a), 18-64, 18-65(a), 18-66, 18-71,
18-72(b), 18-73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and
(b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a), 18-89
(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a), 18-100(a) and (b),
18-100.1(a) and (b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-114(a), and 18-116 of
the Code of the City of Virginia Beach pertaining to license tax schedule.
(See Item II-K.I. of the Consent Agenda).
Councilman Fentress expressed concern regarding the section pertaining to
AMUSEMENTS. The Mayor and City Manager advised additional language will
be inserted regarding this particular Code Amendment and same will be
DEFERRED for an one week.
January 21, 1985
5
Item II-F. I
MINUTES ITE14 23066
Upon motion by Councilwoman Oberndorf, seconded by Counclman Louis Jones,
City Council AMENDED the Minutes of January 14, 1985 as follows:
Vice Mayor McClanan requested the following be added:
ITEM # 23042 (ORDINANCES UPON APPLICATION OF T.C.C. DEVELOPMENT
CORPORATION FOR CHANGES OF ZONING FROM AG-1 TO R-5 (AS MODIFIED),
FROM R-3 to R-5 (AS MODIFIED) AND FROM R-5 (AS MODIFIFD) TO
PD-H2.
Page 17 - After R-5 (AS MODIFIED) ..." insert the
following:
"according to the PD-H2 Plan dated October 1983, revised
October 8/25 and December 21 and received in Planning on
December 21, 1984."
The reason for this addition was that the PLAN City Council
had in their AGENDA was different from the one ADOPTED.
Page 18 - Add CONDITION No. 4 as per the following:
4. The applicant agrees according to an agreeement
dated January 14, 19A5, and in addi,i.n to the
above conditions, that no development will occur
on any portion of the property until after January
1, 1986, nor shall there be any apartments developed
on any portion of the property.
Page 19 - After "... (AS MODIFIED) TO PD-H2..." insert
the following:
"including the PD-H2 Rezoning Plat as referenced previously on
page 17"
(said Rezoning Plat of Fisher Farm for T.C.C. Development
Company is hereby made a part of the record.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
None
January 21, 1985
6
Item II-G.1
PRESENTATION ITEM 23065
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
Bartow H. "Pat" Bridges
Chairman
Clean Community Commission
This Resolution recognized "Pat" Bridges as being instrumental in realizing
the many awards presented to the Clean Community Commission.
Vice Mayor McClanan read this RESOLUTION.
Bartow H. "Pat" Bridges accepted this RESOLUTION. In attendance were
Mrs. Bridges as well as Edward S. Barnes, Administrator of Landscape
Services, Division of General Services, and Shelia Bogart, Co-ordinator
for the Clean Community Commission.
Bartow H. "Pat" Bridges presented to City Council the following:
"GOVERNOR'S AWARD OF EXCELLENCE"
Mrs. Charles Robb, in behalf of the Governor, had presented this AWARD
to the CLEAN COMMUNITY COMMISSION.
January 23, 1985
7
Item II-H.1
PUBLIC HEARING ITEM 23066
Mayor Heischober DECLARED a PUBLIC HEARING on the following:
PROPOSED BUDGETARY INCREASE TO APPROPRIATE
FUNDS OF $1,728,740*TO THE CAPITAL PROJECT
FUND FOR VARIOUS CAPITAL PROJECTS (CIP).
*Projects under $250,000 which are no longer funded by bonds. These funds
will come from the General Fund ending balance.
There being no speakers, Mayor Heischober closed the PUBLIC HEARING.
January 21, 1985
- 7a
PUBLIC NOTICE- FUND
PUBLIC HEARING 2-W4 Lake Smith Spillway
CITY OF VIRGINIA BEACH, Bridge S 30,000
VIRGINIA 240 Princess Anne Plaza
PROPOSED BUDGETARY Drain&Sc 120,800
INCREASES FOR THE .2-020 vaious Drain&Sc @
1984-1985 FISCAL YEAR ImprovemenU 210,000
Pursuant to Chapter 2, Sedion 2-816 Hishway Safety
2-187.1 of the City Code a public Improvement 300,000
hearinS will be held by the @- 9-927 Way3ide Bridge 7.SW
Oouncil in Council Chambers in 2437 Various Public
the Ci ty Hall Building on Mon- Improvements 150,000
day, Jan 2t,.I%& at 2:00 2-989 Computerized Trafric
p.m., to dtgcuss pro@ in- Signal System
creases approved in the Capital Expansion 177,640
lmprovemcnt Program for riwa
year 1984-85/1988-89 as follows: Total Engineering & Highways
PROPOSEDINCREASES Projects $"5,940
GENERALFUND
Transfers to the School Capital ESTIMATED REVENUES
Projects Fund S 732,SOD GENERALFUND
Transfers to thc Engineering & Unappropriated Fund
Highways Capital Projects Balance $1.7n,740
Fund s 995,940 SCHOOL CAPITAL
TotalGencralFund SI,728.740 PROJECT FUND
Transfers ftom the General
SCHOOL CAPITAL PROJEcr Fund S732.SW
FUND ENGINEERING & HIGH-
1-909 Luxford Elementary WAYS -CAPITAL PROJECT
School Drainage S24,000 FUND
1-910 Seatack Elementary Transfers from the General
School Renovation S92.RW Fund $"5.940
1-932 School Plant Maintenance Individuals desirins to provide
Shop 106,OOD oral comment should register
1-942 ThorouShgood Elementary before the hearin$ begins with the
School RoorinS 100,000 City Clerk's ofrice on the second
1.946 Elmentary Schools floor of the City HaU Building or
Window R@cnts 310,OOD by calling 427-4303.
1-947 Various School LightinS Ruth HodSo Smith, CMC
Improvements lio,om City aef k
141-16 It 1.9 VB
Total School Projects $732,SW
ENGINEERING & HIGH-
WAYS CAPITAL PROJECR
January 21, 1985
8
Item II-1. I
PLANNING ITEM 23067
Jack Helfant, President, of Housing Systems, Inc., represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED the application for a VARIANCE to Section 4.4(b) of the
Subidivision Ordinance upon application of HOUSING SYSTEMS, INC., as per
the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Housing Systems, Inc.
Property is located at the northeast corner of
Doyle Way and Robert Jackson Drive. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
9
Item II- L 2
PLANNING ITEM 23068
Attorney Harry R. Purkey, Jr. represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ROBERT H. AND MAMIE P.
RA,YMOND and ELVIN F. AND GERALDINE W. LILLEY for closing, vacating and
discontinuing a portion of TROTTER DRIVE as per the following:
FINAL APPROVAL
Application of Robert H. and Mamie P. Raymond and
Elvin F. and Geraldine W. Lilley for the discon-
tinuance, closure, and abandonment of a portion of
Trotter Drive beginning at the western boundary
of Reon Drive and running in a westerly direction
a distance of 153 feet. Said parcel is 50 feet in
width and contains 7,650 square feet. KEMSPVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
9a
ORDINANCE HO.
IN THE HATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION UF THAT CLKTAIN
STREET, KNOWN AS TROTTER DRIVE (FORKERLY LFLAND STREET) . AS SHOWH UPON THAT
CERTAIN PLAT ENTITLED, "SURVEY OF PROPERTY FOR STREET CLOSUKU BKLNC; THAT
PORTION OF TROTTER DRIVE (LELAND STREET PLAT) ABUTTING LUTB 34 ANU 36,
WOODHAVEN, KEMPSVILLE BOROUGH, VIRGLNLA BLACH, VlitGINIA."
WHEREAS, it appearing by affidavlt that propor notice has been given
by Robert H. Raymond and Masia P. Raysond, and Elvin F. Lilley and GOT&ILUO W.
Lilley, that they would make application to the Council of th4 City of
Virginia Boach, Virginia, on tho _ day of I - to
have the hereinafter described stroot discontlaued, closod, and vacated; and
WHERFAS, It in the judgment of the Council that the closure of said
street will not result in any pubILc inconvenionce;
NOW, THEREFORE,
SECTIO14 I
BE IT ORDAINED by tbe councli of the CLty of VLrginia beach, Virginia,
that the hereinafter described street be discontinued, closed, and vacated:
Trotter Drive, formerly Leland Street, beginning at a point in
the northwestern corner of the iutersection of Trotter Drivo and
Raou Drive 82.63 feat south of the northern aid* of Lot 34;
thence from said point south 00 degrees 15 minutoo wast 70.00
feet to a point; thence along a curve to the right having a
r&dius of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes wast L53.00 foet to a point;
thence north 00 degrees L5 minutes east 50.00 feet to a point;
thence south 89 degrees 45 minutes east 153.00 feet to a point;
thenco along a curvo to the Left having a radius of LU feet, an
arc distance of 15.71 feet to the point of boginning. (Portiou
to be vacated is designated as 8,192.9 square feet of Trotter
Drive, formorly Leland Stre*t).
Said parcel of land being a portlon of Trottor Drive (form*rly Leland
Street) as indicated on that cert&Ln pL&t of property to be VaC&ted for Kobert
H. Raymond and Hamie P. Raymond, and ELyin F. Lilley aud Geraline W. LilLey,
and which is made a part hereof by reference.
SECTION 11
A certified copy of this OrdLnauce shall be filed Lu the Office of the
Circuit Court of the City of Virginia Beach, Lndexed in the name of the City
of Virginia Beach, as grantor.
. Cox A Cox SECTION Ill
ORNE@S AT "W
"NTIC AVENUE
IA BEACH. VA 2@51
ThLs Ordinance shall b* effective thlrty (30) days from the date of
its adoption.
January 21, 1985
1 FINAL APPROVAL - January 21, 1985
9b
LAW OFFIM
Cox, Cox, & Cox
1616 ATLANTIC AVVM
VIMIISA nUl
tool@
LU@ B. COX. JR. March 2, 1984 LUCIAN D. COX. on. (I&Mlgnl
LUCIAN B. COX. Ill
to. ow as a 331
@Y PL MAKEV. in.
CERTIFICATE OF VESTING OF TITLE
1, Harry R. Purkey, Jr., attorney for Robert H. Raymond, Mania P.
Raymond, Elvin F. Lilley, and Coraline W. Lilley, do her*by certify that.
1. I am an attorney at law &nd reprosent Robert H. Kaymond, hamia
P. Raymond, Elvin F. Lilley, and Geraline W. LiLlay, the patitloners.
2. If the property descrlbod. below La discontinued, closed and
vacated by the Council of the City of Virgini& Beach, Virginia, then title
to said property will vest In Robort H. Raymond, Hasis P. K&ymond, ELvin F.
Lilley, and Geraline W. LLLI*Y, the adjacaut landowners.
The s&Ld property reforred to horain is berady descri6od as
follows:
Trotter Drive, fo=*rly Leland Stre*t, be&Lnuing at a point Lu
the northwastorn corner of the intersection of Trotter L)rive and
Reon Drive 82.63 feet south of the northern *Lde of Lot 34;
thence from said point south 00 degrees 15 minutes wast 70.OU
feet to a point; thence along a curve to the right having a
radius of 10 feet, an arc distance of L5.71 toot to a point;
thence north 89 dogress 45 minutes west 153.00 fatt to a point;
thenco north 00 degrees 15 minutes oast 50.OU feet to a point;
thenc* south 89 degrees 45 sinutes east 153.00 fo*t to a point;
thence along a curve to the I*ft having a radius of 10 feet, an
arc distance of 15.71 feet to the point of beginniug. (Portion
to be vacated is domignated as 8,192.9 square feet of Trotter
Drive, formerly Leland Street).
itespectfull
H.6rry R. Purkey,
January 21, 1985
- 10 -
Item II-1.3
PLANNING ITEM # 23069
Fred J. Dean III, applicant, represented himself, and requested an extension
of the 180-day compliance to the Ordinance closing, vacating and discontinuing
a portion of Rouse Drive.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council granted an extension of time until the City Council Meeting of
October 7, 1985, in order to comply with the conditions of the Ordinance
closing, vacating, and discontinuing a portion of Rouse Drive in the petition
of FRED J. DEAN, III as per the following:
Application of Fred J. Dean, III, for the discontinuance,
closure and abandonment of a portion of Rouse Drive be-
ginning on the east side of Grayson Road, running a dis-
tance of 30.12 feet along the east side of Grayson Road,
running a distance of 248.90 feet along the northern
property line, running a distance of 78.83 feet in a
southeasterly direction, running a distance of 54.32
feet in a southwesterly direction, running a distance
of 42.45 feet in a northwesterly direction and running
a distance of 218.90 feet along the southern property
line. Said parcel contains 9,016 square feet. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. Dedication of a 30-foot right-of-way to the south
for the relocation of Rouse Drive.
2. Provision of a bond to cover the cost of right-of-way
improvements, as required by City staff for the relocation
of Rouse Drive.
3. Resubdivision of the property to incorporate the closed
portion into adjacent parcels to avoid the creation of
any nonconforming lots.
4. Maintain current road until new road is completely con-
structed.
5. The closure of this right-of-way shall be contingent
upon compliance with the above stated conditions w-ithin
by the City
Council Meeting of October 7, 1985.
City Council had APPROVED this Ordinance, subject to final approval in 180
days, on August 13, 1984.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 21, 1985
10a
OMINAN(.E NO.
IN 7M MATTM OF @ING, VACKTIM, AND
DI NG A PO[MCN CF THAT
OF AS F40USE
DRrVE, IDCKTED IN THE BOFMM
OF THE CITY OF VI BEMN, VIFC.@,
AS SHOWN CN nM PIAT EWITLED,
"RE IVISICN CF OF FRM J.
DEAN, III, @ DOFO",
BEACH, VIMIM', A PCEMCN OF
F40USE DRM M BE CU)SED AM
AS SHOWN CN SAID PLAT FUR FREZ) J. DEAN,
III, WHICH PLikT IS IN THE CLEFTK'S
OFFICE OF 7M CIR= OOEW OF THE CMY OF
VI BEA(3i, VIIG@, IN HAP BOOK
AT PAGE
WHEREAS, it appearing by affidavit that proper notice has been given
by Fred J. Dean, III, that he wmdd tmke applicaticn to the il of
the City of Virginia Beach, Virginia an August 13, 1984 ., 1984,
to have the herimfter described stxeet di@tinued, closed, vacated and
relocated; arxi
, it is the j t of the om=il that s&id street be
disomtinued, closed, vacated and relocated as shown cn said plat; and
that no pblic in=weni@ will t
NOW,
SBMCN I
BE IT by the Om=il of the City of Virginia Beach, VirgirLia,
that the hereimfter described street be diwmtimied, closed and vacated:
at a point an the northeast corner of lbuse Drive
and Grayscn @; rumlrig along the north side of
Drive N 700 051 00" E 248.901 to a point, being the
northeast corner of Drive; tuming and runnirig
along the east side of Drive S 23* 091 00- E 30.00- to
a point of curve; along a curve to the left with an
a= distance of 48.831 and a radius of 44.711 to a point;
@ce tuming wid rumirig across Drive in a oduthwest-
erly direction S 65* 351 59" W 54.321 to a point on the
western side of Drive; 7herice tuming and ruming alcng
the westem side of Drive N 230 091 001 W 42.451 to a
point that marks the st corner of P"me Drive; Therice
turning and running along the side of ftuse Drive S 700 051
00" W 218.90' to a point located at the southeast corner
of Drive and Graysm @; tumirvg and running
along the eastem side of Graysm FcM across Drive N
221 42' 30" W 30.121 to a point, the point of beg
Ihe porticn of Drive described above, contains 0.2070 acre.
Said parcel of larid being a porticn of Drive as iridicated
an that certain plat of property to be vaoated @ existing Drive
for Fred J. Dean, III, which plat is r in the Clerk's Office of
the Circuit of the City of Virginia Beach, Virginia, in Map Book
, at page , and @ch is mi& a part hereof by reference.
10b
SBMON II
A certified copy of this ordinance aWl be filed in the Office
of the Circuit Court of the City of Vircjinia Beach, indexed in the nam
of the City of Virginia as grantor.
SELTICN III
Respec@ly -gimitted,
Fred J@@, II
3895 016 Shell
Virgin:La Beach, Virg@a 23452
January 21, 1985
loc
SIIAML-;S & DYkiLJM. l)-c.
^TTGRIOCYS ^ND COUNSCLORS ^T L^W
IM45 01-D ORRUNDRIUR ROAD
CilUbiAPIc.%X$C.VIWGIJVIA L&LILILIO-Litiolk
TIELCPHCNIE 10041 420-0663
mootay 0. svmum 01. J. Df.^N, Ill
THO.^* C. MINUM
CERTMCATE OF VESTM OF TITLE
I, @Ld J. DL.,an, III, do hereby certify that:
1. I am an attomey at low m4 am also the pati
2. @t if the property dewribed below is disoontinued, closed
and vaonted by the aduncil of the City of Virginia Bewh, Virginia, then
title to said property will vest in Fred J. Dean, III, the adjacent land-
omiur, vaku is Uii-- lx)ld(--r ol! UiL, ta@,rlyijilj f@, iii said PmWrLy.
said property referred to herein is hereby described as follows:
at a point on the t comer of DrivL-
and Graysm @; runnirkg along the n@ side of
liDuse Drive N 700 051 001 E 248.901 to a point, being tlie
northeast comer of Rmw Drive; tuming and running
along the east side of Fouse Drive S 231 091 001 E 30.001 to
a point of curve; a@ a curve to the left with an
Arc distanoo of 48.831 and a radius of 44.711 to a pdint;
turning and across Drive in a southwest-
erly direction B 650 351 59N W 54.321 to a point on the
western side of Drive; turning and running along
the wastem side of Drive N 230 091 00" W 42.451 to a
point that the souuwst corner of Drive;
tuming and running a@ the owth side of Drive S 700
051 000 W 218.901 to a point located at the owtheast oorner
of Rouse Drive and Grayson RDad; tumm and ruming
along the eas@ side of Graysm Road across DriVe N
220 42' 30* W 30.121 to a point, the point of beginning.
Ow portion of Drive ibed above, contains 0.2070 acre.
Respectfully @ttedo
@ed J.@, III@
Attomej/ at Law
January 21, 1985
Item II-,.4
PLANNING ITEM 23070
Attorney Thomas Padrick represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance closing, vacating, and discontinuing a portion
of a 30-foot unnamed lane and cul-de-sac adjoining Lots 85-96, Section 1,
Cavalier Park in the petition of the ESTATE OF W. TAYLOR JOHNSON, SR. as
per the following:
Application of the Estate of W. Taylor Johnson, Sr., for
the discontinuance, closure and abandonment of a 30-foot
unnamed lane and cul-de-sac adjoining Lots 85-96, Section
1, Cavalier Park. Said parcel contains 12,984 square feet.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Resubdivison of the property and vacation of internal
lot lines to incorporate the closed portion into
adjoining parcels, as well as to insure that all lots
have access to a public street.
2. The City of Virginia Beach will retain a ten-foot drainage
easement along the frontage of this street.
3. The closure of this ri ht-of-way shall be contingent upon
corapliance with the above stated conditio@ withi, 180 days
of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
None
January 21, 1985
lla -
ORDINANCE NO.
IN TI[E MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT
CERTAIN STREET KNOWN AS 30' LANE (UNNAMED), LOCATED IN THE
LYIZNIIAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THAT CERTAIN PHYSICAL SURVEY ENTITLED, 'PHYSICAL SURVEY
FOR STREET CLOSURE BEING AN UNNMIED 30' LANE & CUL-DE-SAC
ADJOINING LOTS 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 -
SECTION 1, CAVALIER PARK', WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by the Estate of W. Taylor Johnson, Sr. by W. Taylor
Johnson, Jr., Trustee, that he would make application to the
Council of the Citv of Virginia Beach, Virginia, on
1984, to have the hereinafter described street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain 301 Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and beinq more
particularly described as follows: Beginning at a
point in the southwest corner of Lot 96 as shown on
that certain physical survey entitled "Physical Survey
for Street Closure Being An Unnamed 301 Lane &
Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91,
92, 93, 94, 95 & 96 - Section 1, Cavalier Park" which
said physical survey is intended to be recorded
herewith; and from said point of beginning thence N 03*
38' 00" E 147.31 to a point; thence along a curve to
the left with a radius of 501 an arc distance of
283.641 to a point on the west side of the sa4d 30'
Lane; thence S 030 381 001 W 147.241 to a point on the
north side of Bay Colony Drive; thence in an easterly
direction 30 feet, more or less, along the north side
of Bay Colony Drive to the poiiit of beginning.
Said parcel of land being a 30' Lane (Unnamed), cul-de-sac
and round traffic island, as indicated on that certain physical
survey of property entitled 'Physical Survey for Street Closure
N
January 21, 1985
- Ilb
Being An Unnamed 301 Lane & Cul-De-Sac Adjoining Lots 85, 86, 87,
88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park",
which physical survey is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book _, at page _, and which is made a part hereof by
reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
This ordinance shall be effective thirty (30) days from
the date of its adoption.
January 21, 1985
Ilc
3E)nT-TCn IE3. MXrr-S
ATTORNCY ^#40 COUNSELLOR AT LAW
...* GEA.. *O.IC@A..
VIRGINIA BILACH. VIRGINIA 23452
TCLC.-C.t 3.0-0500
CFPTIFICATE OF VESTING CF TITLE
September 4, 1984
The Honorable City Council
City of virginia Beach
-Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council:
I, Bruce B. tlills, attorney for the Estate of W. Taylor
Johnson, Sr., do hereby certify that:
1. I am an attorney at law and represent the Estate of W.
Taylor Johnson, Sr., current owner of the Property;
2. If the Property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in the Estate of W. Taylor
Johnson, Sr. the holder of the underlying fee in said property.
That the Estate of W. Taylor Johnson, Sr. cwns of record all land
adjacent to the area to be closed.
The said property referred to herein is hereby described as
follows:
ALL THAT certain 301 Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and being more
particularly described as follows: Beginning at a
point in the southwest corner of Lot 96 as shown on
that certain physical survey entitled "Physical Survey
for Street Closure Being An Unnamed 30' Lane &
Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91,
92, 93, 94, 95 & 96 - Section 1, Cavalier Park"; and
from said point of beginning therce N 03* 381 00" E
147.31 to a point; thence along a curve to the left
with a radius of 501 an arc distance of 283.641 to a
point on the west side of the said 30' Lane; thence S
031 381 0011 W 147.241 to a point on the north side of
Bay Colony Drive; thence in an easterly direction 30
feet, more or less, along the north side of Bay Colony
Drive to the point of b6ginning.
Yours iery trul,,,?
Bz;luce- 13. rtills
January 21, 1985
- 12 -
Item II- L5
PLANNING ITEM # 23071
George Wong, Chairman of the Board of Deacons, First Chinese Baptist
Church
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of the CONGREGATION OF THE
FIRST CHINESE BAPTIST CHURCH for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF THE CONGREGATION OF THE
FIRST CHINESE BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH ADDITION R0185707
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Congregation of The
First Chinese Baptist Church, for a Conditional Use
Permit for a church addition on Lot@l, 2, 3, 14 and
15, Block 5, Washington Park. Said parcel is located
at 228 Pritchard Road and contains 40,075 square feet.
LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 13 -
Item II-.1.6
PLANNING ITEM # 23072
W. C. Nicklas, Jr., Elder at Lynnhaven Presbyterian Church, represented
the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City
Council ADOPTED an Ordinance upon application of the CONGREGATION OF THE
LYNNHAVEN PRESBYTERIAN CHURCH for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF CONGREGATION OF LYNNHAVEN
PRESBYTERIAN CRURCH FOR A CONDITIONAL USE PERMIT FOR
A CHURCH ADDITION R0185708
BE IT HEREBY ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Congregation of Lynnhaven
Presbyterian Church, for a Conditional Use Permit for a
church addition on certain property located on the east
side of South Lynnhaven Road at the intersection with
Lynnhaven Parkway. Said parcel is located at 136 South
Lynnhaven Road and contains 3.5 acres. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
January 21, 1985
None
- 14 -
Item 11-1.7
PLANNING ITEM # 23073
Colon Heidson, an employee of Miller Oil Company, represented the
applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of MILLER OIL COMPANY, for
a Conditional Use Permit as per the following:
ORDINACE UPON APPLICATION OF MILLER OIL COMPANY FOR A
CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION
R0185709
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Miller Oil Company, for a
Conditonal Use Permit for a gasoline service station in
conjunction with a convenience store on certain property
located on the south side of Virginia Beach Boulevard,
beginning at a point 1200 feet more or less east of N.
Birdneck Road. Said parcel is located at 971 Virginia
Beach Boulevard and contains 29,500 square feet. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed to provide public restrooms.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
January 21, 1985
Council Members Absent:
- 15 -
Item II-I .8
PLANNING ITEM # 23074
Charles Winstead, with Land and Coates, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon application of FORD WINSTEAD ASSOCIATES
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF FORD WINSTEAD ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE REPAIR
ESTABLISHt4ENT R0185710
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Ford Winstead Associates,
for a Conditional Use Permit for a small engine repair
establishment on certain property located at the south-
west corner of Bonney Road and Chestnut Avenue on Lots
2-9, Block 1, East Norfolk. Said parcel is located at
3757 Bonney Road and contains 29,185 square feet.
LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 16 -
Item II-1.9
PLANNING ITEM # 23075
Attorney Howard Martin represented the applicant
Upon moton by Councilman Baum, seconded by Councilman Robert Jones, City
Councl ADOPTED an Ordinance upon application of CONTEL CELLULAR OF NORFOLK,
INC., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR OF NORFOLK,
INC., FOR A CONDITIONAL USE PERMIT FOR A 100-FOOT MONO
POLE R0185711
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Contel Cellular of Norfolk,
Inc., for a Conditional Use Permit for a 100-foot mono
pole to support telecommunications antennae on the northern
100 feet of Lot 3, Plat of the Allburger Place. Said parcel
is located at 1556 Mill Dam Road and contains 10,440 square
feet. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. oberndorf
Council Members Voting Nay;
None
Council Members Abstaining:
Mayor Harold Heischober, and H. Jack Jennings, Jr.
Council Members Absent:
None
January 21, 1985
- 17 -
Item II-1.10
PLANNING ITEM # 23076
Attorney Bruce Mills represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of INELL DAVIS for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF INELL DAVIS FOR A CONDITIONAL
USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R0185712
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Inell Davis, for a Conditional
Use Permit for a home occupation (day care) on Lot 11, Block 1,
Windsor Woods,Section Two. Said parcel is located at 3745
Silina Drive and contains 9,000 square feet. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. Approval is for a period of one year.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
1 Members Absent;
None
January 21, 1985
- 18 -
Item II-1.11
PLANNING ITEM # 23077
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC.
for a Modification to the Land Use Plan for Timberlake as per the following:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC.
FOR A MODIFICATION TO THE LAND USE PLAN FOR TIMBERLAKE
TO ALLOW FOR A GASOLINE STATION IN CONJUNCTION WITH
A CONVENIENCE FOOD STORE Z0185932
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hop-in Food Stores, Inc.
for a Modification to the Land Use Plan for Timberlake
to allow a gasoline service station in conjunction with
a convenience food store at the northwest corner of
Independence Boulevard and Green Meadows Drive. Said
parcel is known as Parcel 39000-C, Timberlake, and
contains 1.192 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Dedication of appropriately sized scenic easements.
Ingress/egress on lndpendence Boulevard will be
determined at the time of site plan review as
appropriate for a controlled access highway.
2. Public restrooms are to be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent: January 21, 1985
None
- 19 -
Item II-1.12
PLANNING ITEM # 23078
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED an Ordinances upon application of R. C. MOORE BUILDING
CORPORATION for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-i TO R-8 Z0185933
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 Classi-
fication from AG-1 Agricultural District to
Residential District on certain property located
150 feet more or less east of the intersection of
Sherman oaks Avenue and Jessica Lane. Said parcel
contains 4.4 acres. Plats with more detailed in-
formation are available in the Department of Planning.
KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRLCT CLASSI-
FICATION FROM R-4 to R-8 ZOZOI85934
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 C strict Classi-
fication from R-4 Residential District to R-8 Resi-
dential District on certain property located at the
Southern terminus of Jessica Lane at the intersection
with Sherman Oaks Avenue. Said parcel contains 1 acre.
Plats with more detailed information are available in
the Department of Planning. KEMPSVILLE BOROUGH.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
January 21, 1985
- 20 -
Item II-1.12
PLANNING ITEM # 23078 (Continued)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
January 21, 1985
- 21 -
Item II-1.13
PLANNING ITEM # 23079
Bill Schlimgen, with Talbot and Associates, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED Ordinances upon application of WINDSOR HOLLAND PROPERTIES
for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF WINDSOR HOLLAND PROPERTIES
FOR CHANGES OF ZONING FROM B-2 TO A-1 Z0185935
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Windsor Holland Properties,
for a Change of Zoning District Classification from B-2
Community Business District to A-1 Apartment District on
certain parcels located north of Holland Road and west of
South Plaza Trail as shown on the Rezoning Plan of Windsor
Holland Properties on file in the Department of Planning.
Said parcels contina 1.07 acres. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF WINDSOR HOLLAND PROPERTIES
FOR CHANGES OF ZONING FROM A-1 TO B-2 Z0185936
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CLTY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Windsor Holland Properties,
for a Change of Zoning Distict Classification from A-1
Apartment District to B-2 Community Business District on
certain parcels located north of Holland Road and west of
South Plaza Trail as shown on the Rezoning Plan of Windsor
Holland Properties on file in the Department of Planning.
Said parcels contain 1.07 acres. KEMPSVILLE BOROUGH.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
January 21, 1985
- 22 -
Item II-1.13
PLANNING ITEM # 23079 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 23 -
Item II-1-14
PLANNING ITEM # 23080
Attorney W. Leigh Ansell represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ROBERT L. STEPEHENSON
for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF ROBERT L. STEPHENSON
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM
0-1 TO B-2 Z0185937
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Robert L. Stephenson,
for a Change of Zoning District Classification from
0-1 to B-2 on certain property located on the north-
east side of Princess Anne Road, 628 feet northwest of
Green Meadows Drive. Said parcel is located at 4696
Princess Anne Road and contains 2.832 acres. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. The northern 100 feet of this parcel shall remain
0-1 Office District.
*2. The applicant has voluntarily agreed to put to
record a document stating that no request will be
made to rezone the 0-1 Office District parcel to
B-2 Community-Business District. This 0-1 parcel
will remain as a buffer for the adjoining residential
area.
*Attorney Ansell referenced his letter of Janaury 10, 1985, to Chief Deputy
City Attorney Jay A. Richardson stating that if the Ordinance upon application
of Robert L. Stephenson is ADOPTED for a Change of Zoning from 0-1 to
B-2, the applicants would propose to place a deed to record conveying
the subject parcel to themselves with the following restriction which
would run in perpetuity:
"Grantees, their heirs, legal representatives or assigns,
acknowledge that this property is currently zoned 0-1
under the current Zoning Ordinances of the City of Vir-
ginia Beach, Virginia, and agree that they, or their
assigns shall not, nor will any time hereafter, petition
the City of Virginia Beach or any successor thereto for
a change of the zoning classification on the northern
100 feet of said property. This restirction shall run
with the land and any subsequent owner shall be bound
thereby."
(Said letter is hereby made a part of the record.)
January 21, 1985
- 24 -
Item 1I 1. 14
PLANNING ITEM # 23080 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 25 -
Item II-I.15
PLANNING ITEM # 23081
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of R & J ASSOCIATES ONE for
Changes of Zoning and a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF R & J ASSOCIATES ONE FOR
CHANGE OF ZONING FROM R-2 TO R-3 Z0185938
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA:
Ordinance upon application of R & J Associates One, for
a Change of Zoning District Classification from R-2
Residential District to R-3 Residential District on
certain property located the south side of Little Haven Road
beginning at a point 1250 feet more or less east of
Little Neck Road. Said parcel contains 16.24 acres.
Plats with more detailed information are available in
the Department of Planning.
LYNNHAVEN BOROUGH.
The following condition shall be required:
Dedication of right-of-way along the site's frontage
on Little Neck Road to provide for an ultimate 99-Ecat
66-foot (AS AMENDED) right-of-way as per the Master
Street and Highway Plan.
A N D,
ORDINANCE UPON APPLICATION OF R & J ASSOCIATES ONE FOR A
CHANGE OF ZONING FROM R-1 TO R-3 Z0185939
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R & J Associates One, for
a Change of Zoning District Classification from R-1 Resi-
dential District to R-3 Residential District on certain
property located on the south side of Little Haven Road
beginning at a point 1400 feet more or less east of Little
Neck Road. Said parcel contains 57.17 acres. Plats with
more detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
Dedication of right-of-way along the site's frontage
on Little Neck Road to provide for an ultimate 99-feet
66-foot (AS AMENDED) right-of-way as per the Master
Street and Highway Plan.
A N D,
January 21, 1985
- 26 -
Item II-1.15
PLANNING ITEM # 23081 (Continued)
ORDINANCE UPON APPLICATION OF R & J ASSOCIATES FOR A
CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION
R0185713
BE 1T HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGINIA;
Ordinance upon application of R & J Associates One, for
a Conditional Use Permit for Open Space Promotin on cer-
tain property located on the south side of Little Haven
Road beginning at a point 1250 feet more or less east
of Little Neck Road. Said parcel contains 77.51 acres.
Plats with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way along the site's frontage
on Little Neck Road to provide for an ultimate 66-foot
right-of-way as per the Master Steeet and Highway Plan
2. Development of this parcel is limited to 96 dwelling
units.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-five.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nayi.
Vice Mayor Reba S. McClanan
Council Members Absent:
None
January 21, 1985
- 27 -
Item II-J.1
RESOLUTIONS/ORDINANCES ITEM # 23082
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City
Council ADOPTED the following Resolution:
RESOLUTION INVITING AND ENCOURAGING THE SUFFOLK
REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS
SPECIAL REVENUE BONDS IN THE AMOUNT OF $12,500,000
FOR THE BENEFIT OF TERRY/PETERSON ASSOCIATES III
PROJECT.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf*
Council Members Voting Nay;
None
Council Members Absent:
None
*Verbal Aye
January 21, 1985
27a
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 encourage the Suffolk
Redevelopment and Housing Authority to issue its Special Revenue
Bonds for the benefit of Terry/Peterson Associates III (Shore
Drive Apartments).
27b
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 $ 12J-590 000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 8 . 5 0 0 . 0 0 0
3. Estimated real propertv tax per year
using present tax rates $ 68,000
4. Estimated personal property tax per
year using present tax rates $- Iq /A
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 Construc-
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 $ 1 5 , 0 0 0
The information contained in this Statement is based solel,.,
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
C@a - n
January 21, 1985
27c
'.OJECT
tn
LlrrLE CREEA Col,,
d,@ JHS
SCALE 1--e 2640 (.5 MILE)
2640 0 2640 5280 7920
0 1 2 MILES
.... . . 1- . .
PROJECT NAME:
Terry/Peterson Associates III
Project (Shore Drive Apartments)
PROJECT LOCATION:
Intersection of Shore Drive and
Northampton Boulevard in Vir-
ginia Beach, Virginia
@l,
TX,PE OF PROJECT:
approximately 250-unit rental
apartment project
January 21, 1985
27d
RESOLUTION
WHEREAS, Terry/Peterson Associates III, a Virginia general
partnership, or any partnership or corporation of which Fred-
erick J. Napolitano is a partner or shareholder (the "Developer")
desires to construct housing in the City of Virginia Beach,
Virginia (the "City"); and
WHEREAS, the City wishes to induce the construction of
housing in order to provide needed apartment dwellings; and
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of special revenue bonds
exempt from taxation pursuant to S 103(b)(4)(A) of the Internal
Revenue Code; and
WHEREAS, the Suffolk Redevelopment and Housing Authority
(the "Authority") has the power to make loans for assisting
in housing construction and is willing to issue bonds for
the benefit of the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise its
aforesaid powers within the City for the purposes hereinabove
described, and the Authority is invited and encouraged to
issue its bonds for the benefit of the Developer and the fur-
therance of said purposes.
January 21, 1985
27e -
2. These resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the
Developer, or any other person or entity, and the bonds shall
provide that the City shall not be obligated to pay the bonds
or the interest due thereon or other costs incident thereto,
and neither the faith and credit nor the taxing power of the
Commonwealth, the City, or the Authority shall be pledged
thereto.
Adopted this 21st day of January, 1985.
-2-
January 21, 1985
- 28 -
Item II-J. 2
ORDINANCE ITEM # 23083
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate funds
of $1,728,740* to the CAPITAL PROJECT FUND for various Capital projects
(CIP).
*Projects under $250,000 which are no longer funded by bonds. These funds
will come from the General Fund ending balance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.@ Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 28a -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $1,728,740 TO THE CAPITAL
PROJECT FUND FOR VARIOIJS
CAPITAL PROJECTS
WHERF.AS, the City Manager, on November 19, 1984, presented to
City Council the Proposed Capital Improvement Program for fiscal years
1983-1984 through 1988-1989, and
WHFREAS, the Capital Improvement Program includes projects to be
financed from funds to be provided periodically by City Council including
some to be financed from General Fund Balance in each fiscal year, and
WHEREAS, capital project financing from General Fund Balance for
FY 1994-1985 totals $1,728,740.
NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $1,728,740 be appropriated from the General
Fund Balance to the Capital Project Fund for the following purposes:
School Projects $ 732,800
Engineering & Highway Projects 995,940
Total $ 1,728 740
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1984.
PUBLIC HEARING: January 21, 1985
FIRST READING: January 21, 1985
SECOND READING:
January 21, 1985
KAR/2 ORDIO
- 29 -
Itein II-J.2b.
ORDINANCE ITEM # 23084
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to transfer funds of $6,383.00 from the General Fund
Reserve for Contingencies to the Police Department for reimbursement of
legal expenses incurred by a POLICE OFFICER in the performance of his
duties.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 29a
AN ORDINANCE TO TRANSFER FUNDS OF
$6,383.00 FR@@.11 THE GENERAL FUND
RESERVE F'OR CONTINGENCIES TO THE
POLICE DEPARTMENT FOR REIMBURSEMENT
OF LEGAL EXPENSES INCURRED BY A
POLICE OFFICER IN THE PERFORMANCE
OF HIS DUTIES
WHEREAS, Thomas Batten, a Virginia Beach police
officer, was charged with assault in the course of his
duties and was acquitted of the charge in the Virginia Beach
Circuit Court, and
WHEREAS, legal fees of $6,383.00 were incurred by the
officer in presenting his defense, and
WHEREAS, Section 15.1-131.6 of the Code of Virginia
enables the governing body to reimburse an officer for
reasonable fees if the officer is found not guilty, and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $6,383.00 be
transferred from the General Fund Reserve for Contingencies
to the Police Department for legal fees involving the above
incident.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 21 day of January 1985.
JCM/ORD/33
January 21, 1985
- 30 -
Item II-K.
CONSENT AGENDA ITEM # 23085
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council APPROVED in ONE MOTION Items 2 through 7.
Item I was DEFERRED until the City Council Meeting of January
28, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 31 -
Item II-K.1
CONSENT AGENDA ITEM # 23086
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council DEFERRED until the City Council Meeting of January 28, 1985, the
following Ordinance:
Ordinance, on FIRST READING, to amend and reordain
Article II, Section 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53 (a) (c) (d) and (e), 18-54(a), 18-55(a),
18-56(b) (c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b), and 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of Virginia
Beach pertaining to the license tax schedule.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
None
January 21, 1985
- 32 -
Item Il-K.2
CONSENT AGENDA ITEM # 23087
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of
$30,000 from the General Fund Balance to implement the plan for the VIRGINIA
BEACH TOMORROW PROJECT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 32a -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $30,000 FROM THE G-@'NERAL FUND
BALANCE TO IMPLEMENT THE PLAN FOR
THE VIRGINIA BEACH TOMORROW PROJEC-@
WliEREAS, on January 14, 1985, Dr. E. T. Buchanan
presented to City Council the "process" document for the
Virginia Beach Tomorrow project, and
WHEREAS, City Council desires to support the
process and wishes to contribute $30,000 towards the
implementation of the plan, and
WHEREAS, the funding needed may be made available
from the General Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of
$30,000 be appropriated from the General Fund Balance for
the Virginia Beach Tomorrow project.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of virginia
Beach, virginia on the 21 day of January 1985.
FIRST READING: January 14, 1985
Janaury 21, 1985
SECOND READING:
General Fund Balance (Undesignated) January 21, 1985 $26,319,585
Less: Transfer for Virginia Beach Tomorrow Project 30,000
Remaining Balance: January 21, 1985 $26,289,585
JCM/ord January 21, 1985
- 33 -
Item II-K.3
CONSENT AGENDA ITEM # 23088
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Princess Anne Road-Relocated to the SOUTHLAND
CORPORATION, its assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not
to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the City's
right-of-way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-of-way.
6. The owner agrees not to cut Princess Anne Road Relocated.
The jack-bore method, as noted on the attached plat, will
be used for installation of the force main.
7. This encroachment shall not be in effect until an agreement
has been executed encompassing the above conditions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 33a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF PRINCESS ANN ROAD -
RELOCATED, TO THE SOUTHLAND
CORPORATION, ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Southland Corporation, its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of Princess
Anne Road - Relocated.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 1 1/21
Sanitary Sewer Force Main and that said encroachment shall be
constructed in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Princess Anne Road - Relocated, as shown
on that certain plat entitled: 'PLAT
SHOWING PRIVATE 1 1/2- SANITARY FORCE
MAIN IN RIGHT-OF-WAY OF RELOCATED
PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VIRGINIA,' a copy of which is on file in
the Virginia Beach Department of Public
Works and to which reference is made for
a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of the Southland Corporation, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Princess Anne Road - Relocated and that the
Southland Corporation, its assigns and successors in title shall
bear all costs and expenses of such removal. I
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Southland Corporation, its assigns and
January 21, 1985
- 33b -
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Southland Corporation executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of virginia Beach,
virginia, on the 21 day of January 19 85.
MES/re
12/18/8 4
(29B)
APPROVED AS TC
DEPA@7&,.E,',IT
"T, 10 @l:ry
-2-
January 21, 1985
- 34 -
Item II-K.4.
CONSENT AGENDA ITEM # 23089
Upon motion by Councilwoman oberndorf, seconded by Councilman Creech, City
Council ADOPTED an Ordinance to authorize and direct the City Manager to
proceed with water service to CORXWELL LANE.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 34a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO PROCEED WITH
WATER SERVICE TO CORKWELL LANE
WHEREAS, residents of Cornwell Lane have met the 75%
water service requirement of the City's policy for the
extension of such service, and
WHEREAS, the Department of Public Utilities recommends
this utility extension as the area has wells of low quality
water that may constitute a potential health hazard, and
WHEREAS, the department estimates the cost of this uti-
lity extension at $12,000 and indicates that the project may
be charged to project 5-306 Water Distribution - 75%.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is
authorized and directed to proceed with the extension of
water service to Cornwell Lane and the project shall be
funded as a part of project 5-306 Water Distribution - 75%.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 21 day of January 1985.
AS IC) CONTENT
JCM/35
January 21, 1985
APFROX. LOC. W SAM.
A N D.
MAIP D@l.
BE i KIM -P ri -i
%"RIABLE WIDTH t2 INV 61L
PERMANENT DRAIN :L@E .
EASEMENT TO VDH 57.3sr-
M.B. 168, P. 51 4 10.7
0.
T- 34.16'
Now or Forrnerl A- 8005'34'
BROWN CH. BRO.-N @3d2,cts'E
CK=66.14'
AREA
49 647 sq. f f.
1.13974 at
11.0 N 55018'53 @'E
IOJDCF
3 34041'0 E
27.237
5'PERM.
EASEMEN
M.B. 166, F
R-463.2 z
L- 10 1.71
VEPCO EASEMENT OF T- 51.Q
UNSPECIFIED WIDTH &12035'
317, P. 481 CR me.2
".865. CK-101.5
L:165 '62
T 03.06' 1
.4
CK BRO.- S 01
CH.=165.3T'
13
1. Proo*rty Is shown on Tax Mop K-14-3 Cl
Vlrilnlo-Beach, Vlrginia.
2. Survsy Ftpferonce and Reforence North are from plat
entitied .. Plot of Parcel 068, G o,, ral Boolh lBlvd.,Propwty
of Ronald L. Hall, D.B. 1370, P 82.., M.B. 168, P 51.
3. Current owner Is Ronald L. Hall, D.B. 1370, P. 82. &CT
4. Sonch Mark Is 40P nail In 14inch o
,3qk irse L-SQ9:
on relocated Princess Anne Rd. +/- north of T-3Z44
exlstlng Princess Anne Rd. Elov.=13.43 N.G.V.D. &48P43!44
CK BRO.- 86400ge52"W
CK=59.id
CERTIFICATION
I HEREBY CERTIFY 10 purChoSer and Lawyers Title lnsuronce Corporation that this su,voy made under
my supervisic" on September 6, 1984 correctly shos the relotion of buildings and oih*r structurts
to the propefty' lines of the land indicated h*,ton that the alls of soid buildings are plu.b and that there
o,* no oncroachmtnts of odioining buildings or struclures onto said land nor o.orlop of buildings of structuros
fro. soid land, e.cepi as sho.n ;and that this boundary survey,to th* best of -y knowledge ond bel,of,is
cor,ect ond co.plits ith ini.u. procedu,es and stondords established by the Virgin.o Doo,d of Architects,
P,ofessi oginetri Land Su,,eyors,and Cert.f.ed Londscape Arch,lecis.
A
on
P.t. No 6467
PLAT
SFIOWING
PRIVATE 11/i SANITARY FORCE MAI
IN RIGHT-OF-WAY OF
RELOCATED PRINCESS ANNE ROAD
PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA
Scale: 1"=50' Su, ey s O-Enilintering Ltd.
Date : November 1, 1984 V i r 9 i n i a Beo c h , Virgin i*
- 35 -
Item II-K.5
CONSENT AGENDA ITEM # 23090
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council APPROVED the following Bingo/Raffle Permits:
BINGO
Diamond Springs/Gardenwood Park Civic League
Residents' Association of Westminister-Canterbury of
Hampton Roads, Inc.
RAFFLE
Virginia Beach Orchestral Association
Bayside Junior Band Parents' Association
BINGO/RAFFLE
Loyal Order of Moose-Aragona Village Lodge #1198
Virginia Beach Scocer Club, Inc.
Sandbridge Fire Brigade, Inc.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
None
January 21, 1985
- 36 -
Ite. II-K.6
CONSENT AGENDA ITEM # 23091
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, CitY
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$2,930.50 upon application of certain persons and upon certification
of the Treasurer for Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
0. C.A. 7 - 36a @ 1/3/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certificatlon of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem- Da!e Penalty Int. Total
Year of Tax Number tion No. p aid
in W Hensley 84 pp 186046-0 11/16/84 22.74
n C Harris 84 pp 185446-8 11/12/84 211.50
liam Stier III 84 pp 201186-7 12/5/84 6.00
ff Ryan 84 pp 198299-9 11/12/84 8.00
n F Lane 84 pp 189838-6 12/5/84 6.00
mas F Koontz 84 pp 189423-7 11/26/84 199.92
k D Wilson 84 pp 205238-6 12/5/84 132.00
n Sanderl 84 Dog V15421 1/4/84 5.00
Total 591.16
4 l9F5
0- F LA""
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to nt:
$5QI 16 were approved by
the Council of the City of Virginia
Beach on the@day of@ary--J.985
Jot T. Atkin-so-n@, reasurer
Approved as to
Ruth Hodges Smith
City Clerk
Dle-13@@
ORM NO. C.A. 7 - 36b - 1/9/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. p aid
Joseph & Yvonne Boyd 85 RE(1/2) 9404-1 12/3/84 508.03
Standard Federal S &L 84 RE(2/2) 98706-0 6/5/84 571.76
Standard Federal S &L 84 RE(2/2) 29534-3 6/5/84 111.00
Dockside Associates 85 RE(1/2) 24381-7 11/21/84 50.17
Dive Scan Inc 83 pp 167267-1 9/18/84 744.36
Thomas P Reynolds Jr 83 pp 181026-6 2/21/84 28.84
Lee D Edwardsen 84 pp 181282-4 12/1/84 110.52
Dale L Rugieri 84 pp 198190-9 6/5/84 177.66
Peggy Davis N/A Pkng 5953 12/5/84 20.00
Ada Wilkersen N/A Pkng 63273 8/31/84 10.00
Joe Gascon 85 Dog V9278 12/27/84 7.00
Total 2,339.34
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to paD
$2,339 34 were approved by
the Council of the City of Virginia
Beach on the 21 day of January
1985 T. Atkins1/2d T ea@surer
Approved as to
Ruth Hodges Smith
City Clerk
J Dal. Bmso , City I ttorney
- 37 -
Item II-K.7
CONSENT AGENDA ITEM # 23092
ADD-ON
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council ADOPTED a RESOLUTION IN RECOGNITION to:
Bartow H. "Pat" Bridges
Chairman
Clean Community Commission
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
37a -
RESOLUTION
WHLIREAS:
The Mayor of the City of Virginia Beach created the Clean
Community comlssion on January 21, 1980, and appointed distinguished
citizens from all walks of life to promote the best of habits in waste
handling rather than litter our streets and byways;
WHEREAS:
"Clean Community' has been more than a name -- it has become
a goal and each endeavor has resulted in pride as well as
beautification. April, the month of showers, is "Clean Community
Month". 7une's flowers also result in the Annual Banquet hosted by
WVEC's own Jim Kincald. September scheduled educational programs are
arranged throughout the school system as well as various presentations
to the many civic leagues;
WHEREAS:
Xn 1983, the Governor of our Commonwealth declared Lhe first
'Governor's Avard of Excellence", Virginia Beach Clean Community
Commission received that award and has each year since. signs
recognizing these awards greet our tourists as they enter our City. In
turn, the Committee selects local businesses and presents awards to
them for cleanliness as well as landscaping which results in the
beautification we all enjoy.
WHEREAS:
Various Garden Clubs gave birth to Leopold and Rid-It, our
colorful 'Litter Critters" who entertain old and young alike; and,
WHEREAS:
Local effort and regional participation has resulted in
Awareness, members of the commission are active in the General Assembly
to insure legislation governing uncovered trucks to provide for the
safety and welfare of all citizens.
NOW, THERFORE, BE XT RESOLVED:
That on this Twenty-First day of 7anuary, 1985 -- the fifth
---Iveraary of founding this Comission -- the Virginia Beach City
Council pauses to commend Mayor Pat Standing for creating this
Comission and to recognize Bartow H. 'Pat' Bridges, a charter member
who has been instrumental in realizing these many awards, who has
supported the Commission with untiring energy and limitless hours of
service and who has served as Chairman since February 1982 but now
desires to retire from this leadership role to continue his effort as
the Commission's Chairman of its Government Committee.
BE IT FURTHER RESOLVED:
That this Resolution be framed for presentation to Pat
Bridges with a copy spread upon the minutes of this Regular Session of
City Council in the City of Virginia Beach this Twenty-First day of
,7anuary, Nineteen Hundred Eighty-Five.
Mayor
January 21, 1985
- 38 -
Item II-L.l.
UNFINISHED BUSINESS ITEM # 23093
STORM DRAINAGE
INTO LAKES
The City Manager advised City Council had DEFERRED the request of HAROLD
A. YOUNG for a temporary encroachment into a portion of Lake Bradford, on
December 3, 1984. This DEFERRAL was to allow time for a policy to be formed
regarding surface water drainage into bodies of water.
The City Manager recommended authorization be granted for the ENCROACHMENT
with the condition ADDED that the developer install an OIL-WATER SEPARATOR.
This application will be scheduled for the City Council Meeting of January
28, 1985.
Standards are being developed for control of water quality in lakes. Thi,,
pol,icY will be brought to Council in the very near future.
January 21, 1985
- 39 -
Item II-L.2
UNFINISHED BUSINESS
BOND REFERENDUM ITEM # 23094
The City Manager advised the Mayor had appointed two Council Members to work
with City Staff to recommend a date for the BOND REFERENDUM and selection of
Bond Information Committees.
Mayor Heischober appointed Vice Mayor McClanan and Councilman Louis Jones
who met with City Staff in the City Manager's Office on January 18, 1985.
This Committee recommended a STEERING COMMITTEE be established, composed of
the Chairman of Four Subcommittees: Roads, Water and Sewer, Schools and
Correction Facilities. Two Council Members and two staff representatives
will serve on this STEERING COMMITTEE, as well as three citizens at-large
appointed by the Council, The STEERING COMMITTEE will be responsible for
the coordination of the Educational/Informational Program.
It was suggested that two members of City Council and ten citizens be appointed
to each of the four SUBCOMMITTEES by the City Council.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED the following:
Tuesday, March 26, 1985, as the date of the REFERENDUM i.e.
BOND ELECTION;
AND,
Accepted the report of Council's BOND REFERENDUM COMMITTEE with
the recommendation of the City Manager for the organ-
izational structure of the Bond Information Committee.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
January 21, 1985
Council Members Absent:
None
- 40 -
Item II-L.2a
UNFINISHED BUISNESS
BOND REFERENDUM ITEM # 23095
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council APPROVED, the following Ordinances:
ORDINANCE, ON FIRST READING, TO APPROPRIATE
$125,000 FOR A SPECIAL BOND ELECT10N AND TO
PROVIDE INFORMATION RELATED THERETO TO VlR-
GINIA BEACH CITIZENS
ORDlNANCE, ON FIRST READING, AUTHORIZING THE
ISSUANCE OF STREET AND HIGHWAY BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXI-
MUM AMOUNT OF $36,500,000 SUBJECT TO THE APPROVAL
OF THE QUALIFIED VOTERS
ORDINANCE, ON FIRST READING, AUTHORIZING THE
ISSUANCE OF WATER AND SEWER BONDS OF THE CITY
OF VIRGINIA BEACH, VLRGINIA, IN THE MAXIMUM
AMOUNT OF $50,000,000, SUBJECT TO THE APPROVAL
OF THE QUALIFIED VOTERS
ORDINANCE, ON FIRST READING, AUTHORIZING THE
ISSUANCE OF SCHOOL BONDS OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
OF $30,320,000, SUBJECT TO THE APPROVAL OF
THE QUALIFIED VOTERS
ORDINANCE AUTHORIZING THE ISSUANCE OF COR-
RECTION CENTER BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
$6,000,000 SUBJECT TO THE APPROVAL OF THE
QUALIFIED VOTERS
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
January 21, 1985
None
- 40a
AN ORDINANCE TO APPROPRIATE
$125,000 FOR A SPECIAL BOND
ELECTION AND TO PROVIDE
INFORMATION RZLATED THERETO
TO VIRGINIA BEACH CITIZENS
WHEREAS, the Virginia Beach city Council desires to hold
a referendum for a bond issue to improve, renovate or make additions
to s6hools, the correction center and water and sewer facilities,
and
WHEREAS, the Virginia Beach 6ircuit Court Is being petitioned
to hold a special election for this purpose, and
WHEREAS, the Council desires to provide as much information
as possible to the citizens of Virginia Beach about the issue
and ihe need for the facilities, and
WHEREAS, it has been estimated that the special election
will cost $50,000 and an additional $75,000 may be required
to develop informational material and provide for a wide dissemi-
nation of the information.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $50,000 be appropriated from the General
Fund Balance for estimated costs to hold a Special Bond Election,
and
BE IT FURTHER ORDAINED, that an additional sum not to exceed
$44,250 be appropriated from the General Fund Balance and $30,750
from the Water and Sewer Retained Earnings Balance to develop
and disseminate information related to the issue to the citizens
of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia
on the -------- day of ----------------
First Reading:__January 21, 1985
Second Reading:
- 40b
AN ORDINANCE AUTHORIZING THE ISSUANCE OF STREET
AND HIGHWAY BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT OF $36,500,000
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for
the City of Virginia Beach to continue the d6velopment of its streets and
highway system, including right-of-way acquisition and construction of
curbs, gutters, sidewalks, bikeways, bridges and storm drainage facilities,
which will promote the public welfare of the City and its inhabitants and
will facilitate the orderly development of the City, and to finance costs
thereof through the borrowing of $36,500,000 and issuing the City's general
obligation bonds therefor.
2. Pursuant to the Charter of the City of Virginia Beach and
the Public Finance Act, there are hereby authorized to be issued street and
highway bonds of the City in an amount not to exceed $36,500,000. The bonds
may be issued as a separate issue or combined with bonds authorized for other
purposes and sold as part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such time
or times not exceeding 40 years from their dates, bear interest at such rate
or rates not to exceed the maximum rate authorized by law at the time the
bonds are sold, be in such denomination and form, be executed in such manner
and be sold at such time or times and in such manner as the Council may
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for the
payment of principal of and interest on which its full faith and credit shall
be irrevocably pledged.
5. The bonds Bhall not be issued until approved by a majority of
the qualified voters of the City voting on the question of their issuance at
an election to be held in the City.
6. The City Clerk is hereby authorized and directed to cause a
certified copy of this ordinance to be presented to the Circuit Court of the
City of Virginia Beach, Virginia, which is hereby requested to order an
election to submit to the qualified voters of the City the question of the
issuance of the bonds provided for herein.
January 21, 1985
- 40c -
2.
7. This ordinance shall be in full force and effect from its
passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1985.
Approved:
Mayor, City of Virginia Beach,
Virginia
FIRST READING: January 21, 1985
January 21, 1985
- 40d
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER
AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT OF $50,000,000,
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for the
City of Virginia Beach to continue the development of its water and sewer
system, which will promote the health and public welfare of the City and its
inhabitants and will facilitate the orderly development of the City, and to
finance costs thereof through the borrowing of $50,000,000 and issuing the
City's general obligation bonds therefor additionally secured by a pledge of
the revenues of the water and sewer system.
2. Pursuant to Article VII, Section 10(a)(2) of the Constitution
of Virginia, the Charter of the City of Virginia Beach and the Public Finance
Act, there are hereby authorized to be issued water and sewer bonds of the
City in an amount not to exceed $50,000,000.
3. The bonds shall bear such date or dates, mature at such time
or times not exceeding 40 years from their dates, bear interest at such rate
or rates not to exceed 15% per year, be in such denomination and form, be
executed in such manner and be sold at such time or times and in such manner
as the Council may hereafter provide by appropriate resolution or resolutions.
4. The water and sewer system is an undertaking from which the
City may derive a revenue, and such bonds are not to be included within the
otherwise authorized indebtedness of the City; provided, however, that from
and after five years from the date of the election approving the bonds whenever
and for so long as the water and sewer system fails to provide sufficient
revenues to pay for the cost of operation and administration (including
interest an bonds issued therefor), and the cost of insurance against loss by
injury to persons or property, and an annual amount to be placed into a
sinking fund sufficient to pay the bonds at or before maturity, all outstanding
bonds issued on account of such undertaking shall be included in determining
the limitation of the power of the City to incur indebtedness.
5. The bonds shall be general obligations of the City for the
payment of principal of and interebt on which its full faith and credit, as
well as the net revenues from its water and sewer system, shall be irrevocably
pledged.
January 21, 1985
- 40e
2.
6. The bonds shall not be issued until approved by a majority
of the qualified voters of the City voting on the question of their issuance
at an election to be held in the City.
7. The City Clerk is hereby authorized and directed to cause a
certified copy of this ordinance to be presented to the Circuit Court of the
City of Virginia Beach, Virginia, which is hereby requested to order an
election to submit to the qualified voters of the City the question of the
issuance of the bonds provided for herein.
8. This ordinance shall be in full force and effect from its
passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
an the day of 1985.
Approved:
Mayor, City of Virginia Beach,
Virginia
FIRST READING: January 21, 1985
- 40f -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL
BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN THE MAXIMUM AMOUNT OF $30,320,000. SUBJECT TO
THE APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for the
City of Virginia Beach to continue the development of its school system,
including site acquisition and construction, enlargement, renovation and
equipping of schools and related facilities, which will promote the public
welfare of the City and its inhabitants and will facilitate the orderly
development of the City, and to finance costs thereof through the borrowing
of $30,320,000 and issuing the City's general obligation bonds therefor.
2. Pursuant to the Charter of the City of Virginia Beach and the
Public Finance Act, there are hereby authorized to be issued school bonds of
the City in an amount not to exceed $30,320,000. The bonds may be issued as
a separate issue or combined with bonds authorized for other purposes and sold
as part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such time or
times not exceeding 40 years from their dates, bear interest at such rate or
rates not to exceed the maximum rate authorized by law at the time the bonds
are sold, be in such denomination and form, be executed in such manner and
be sold at such time or times and in such manner as the Council may hereafter
provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for the
payment of principal of and interest on which its full faith and credit shall
be irrevocably pledged.
5. The bonds shall not be issued until approved by a majority of
the qualified voters of the City voting on the question of their issuance
at an election to be held in the City.
6. The City Clerk is hereby authorized and directed to cause a
certified copy of this ordinance to be presented to the Circuit Court of the
City of Virginia Beach, Virginia, which is hereby required to order an election
to submit to the qualified voters of the City the question of the issuance of
the bonds provided for herein.
January 21, 1985
- 40g -
2
7. This ordinance shall be in full force and effect from its
passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1985.
Approved:
Mayor, City of Virginia Beach,
Virginia
FIRST READING: January 21, 1985
January 21, 1985
- 40h
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CORRECTION
CENTER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN THE MAXIMUM AMOUNT OF $6,000,000 SUBJECT TO THE
APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for the
City of Virginia Beach to enlarge its correction center, including construction
of an addition to provide additional cells, which will promote the public
welfare of the City and its inhabitants of the City, to finance costs thereof
through theborrowing of $6,000,000 and issuing the City's general obligation
bonds therefor.
2. Pursuant to the Charter of the City of Virginia Beach and the
Public Finance Act, there are hereby authorized to be issued correction center
bonds of the City in an amount not to exceed $6,000,000. The bonds may be
issued as a separate issue or combined with bonds authorized for other purposes
and sold as part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such time
or times not exceeding 40 years from their dates, bear interest at such rate
or rates not to exceed the maximum rate authorized by law at the time the
bonds are sold, be in such denomination and form, be executed in such manner
and be sold at such time or times and in such manner as the Council may
hereafter provide by appropriate resolution or resolutions.
4. The bondb shall be general obligations of the City for the
payment of principal of and intereat on which its full faith and credit shall
be irrevocably pledged.
5. The bonds shall not be issued until approved by a majority of
the qualified voters of the City voting on the question of their issuance
at an election to be held in the City.
6. The City Clerk is hereby authorized and directed to cause a
certified copy of this ordinance to be presented to the Circuit Court of
the City of Virginia Beach, Virginia, which is hereby requested to order an
election to submit to the qualified voters of the City the question of the
issuance of the bonds provided for herein.
January 21, 1985
- 40i -
2
7. This ordinance shall be in full force and effect from its
passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of , 1985.
Approved:
Mayor, City of Virginia Beach,
Virginia
FIRST READING: January 2t, 1985
January 21, 1985
- 41 -
Item II-M.1
NEW BUSINESS
INTERIM FINANCIAL STATEMENTS
1TEM # 23096
Assistant to the City Manager for Administration Giles Dodd presented
the CITY OF VIRGINIA BEACH, VIRGINIA INTERIM FINANCIAL STATE4ENTS for
the period July 1, 1984 through November 30, 1984.
Mr. Dodd advised revenues exceed estimates as shown on EXHIBIT A. page 2.1
of said INTERIM FINANCIAL STATEMENT in the column entitled GRAND TOTAL REVENUE.
37.6% has been collected as opposed to 35.7% in 1984, and 35.6% in 1983.
Under OTHER LOCAL TAXES, Exhibit A-1, page 2.2, all OTHER LOCAL TAXES,
including the Cigarette Tax seem to have increased.
January 21, 1985
- 42 -
Item II-M.2
NEW BUSINESS
COMPREHENSIVE PLAN
PROPOSED TEXT CHANGES ITEM # 23097
As per request, the Staff offered COMPREHENSIVE PLAN-PROPOSED TEXT CHANGES to
City Council.
A motion was made by Councilman McCoy, seconded by Councilwoman Creech, to AMEND the
COMPREHENSIVE PLAN on Wednesday, January 23, 1985. Said MOT10N was WITHDRAWN.
Councilman Robert G. Jones presented a document to City Council: A comparison
of the DRAFTS of the COMPREHENSIVE PLAN as adopted in October 1979 and as
recommended by the Planning Commission in October 1984. (Said document is
hereby made a part of the record.)
January 21, 1985
- 43 -
Item II-M.3
NEW BUSINESS
URBAN LAND INSTITUTE ITEM # 23098
ADD-ON
Councilman Jennings referenced his distribution to City Council of information
concerning URBAN LAND INSTITUTE. Councilman Jennings suggested considering
the utilization of URBAN LAND INSTITUTE prior to hiring a consultant to
develop the COMPREHENSIVE PLAN for the southern part of the City. (Said
information is hereby made a part of the record).
A motion was made by Councilman Jennings, seconded by Councilman Robert Jones,
to advise the City Manager to request an AUDIO-VISUAL by URBAN LAND INSTITUTE to
further understand the services provided by this company.
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober,
H. Jack Jennings, Jr., and Robert G. Jones.
Council Members Voting Nay;
John A. Baum, Nancy A. Creech, Barbara M. Henley, Louis R. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
None
January 21, 1985
- 44 -
Item II-N.
APPOINTEE EVALUATION ITEM # 23099
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
DEFERRED the Evaluation of its APPOINTEES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. FentreSS, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item II-N.
APPOINTEE EVALUATION ITEM # 23099
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
DEFERRED the Evaluation of its APPOINTEES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 45 -
Item 11-N. I
RECESS ITEM # 23100
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
RECESSED this Regular Session for further CONSIDERATION of THE COMPREHENSIVE
PLAN and the AWARDING of the LOW BlD for GENERAL OBLIGATION BONDS until
1:00 p.m., Wednesday, January 23, 1985. City Council RECESSED at 5:20 p.m.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
- 46 -
Item II-N.2
SPECIAL MEETING ITEM # 23102
The Mayor in compliance with Section 2-21 of the Virginia Beach City
Code called a SPECIAL MEETING of the Virginia Beach City Council to
be held at 1;30 p.m. in the Council Chambers on Wednesday, January 23, 1985,
for the purpose of a SECOND READING upon Ordinances:
1. Appropriate $125,000 for a Special Bond Election
2. Authorize issuance of:
a. Street and Highway Bonds in the maximum amount
of $36,500,000.
b. Water and Sewer Bonds in the maximum amount of
$50,000,000.
C. School Bonds in the maximum amount of $30,320,000.
d. Correction center Bonds in the maximum amount of
$6,000,000.
January 21, 1985