NOVEMBER 5, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cny COUNCJL
MAYOR HAROLD IMSCROM, At L-9,
VICE-ALAYOR MU S. JltCLANAN. @.. A- B-gh
JOHN A. RA ETM. M.@ B-"k
IVANCY A. CREECH, At L-"
RO@T E. F@. V@ B..h B-wh
@ M HENLEY. ftn. @h
B. JACK JENNINGS. JR.. L@ @h
LOUIS R. JONES. JkV"& @k
ROBFRT G. JONFA A, L-g.
J. M@RYMICOY, JR., K-P.@ @k
MEYERA E. O@RF. At 281 CITY MALL BUMDING
MUNICIPAL M'=
RU7W HODGES WnE. CMC. C1/2tv cl-k CITY COUNCIL AGENDA VLRCJNIA @CH VIRGIIVL4 MM NO
1804142?4$Oi
November 5, 1984
Virginia Beach City Council
BRIEFING - 12:30 PM - Foxfire and Courthouse Estates Developments
ITEM 1. MEETING OF VIRGINIA REACH CITY COUNCIL - Conference Room - I PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. KOTIOK TO RECESS INTO E)CECUTIVE SESSION
ITEH 11. RFGULAR SESSION OF VIRGINIA BRACH CITY COUNCIL - Council Chanbers - 2 PM
A. INVOCATION: Reverend Lawrence J. Reesman III
Bayside Christian United Church of Christ
B. PLEDGE OF AL-LEGIANCE TO THE FLAG OF THE UNITED STATES OF AMFRICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. CITY MANAGER'S ADt4INISTRATIVE AGENDA,
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of October 22, 1984.
G. PUBLIC GS
1. Ordinance to amend and reordain Section 36-172 of the Code
of the City of Virginia Beach relating to the maximum rate
of fare for taxicabs.
2. Proposed budgetary increase to aopropriate funds of $864,280
to the School Operating Fund for the health insurance
program.
H. PLMING
1. AMENDt4ENT to an Ordinance adopted by City Council relating
to the application of Newtown Developers for a change of
zoning district classification from A-1 to B-2 on the north
side of Goodman Road by deletiug a requirement of a
dedication of a cul-de-sac with a 50-foot radius on Goodman
Road adopted July 6, 1981 (Briarlake Corporation).
(City Council voted to coasider this matter on October 8,
1984.)
2. Ordinance closing, vacating and discontinuing a portion of
14th Street in the petition of Sandeastle Motel, Inc.
Virgi.ia Beach Borough).
a. Letter from the City Manager
reco-ending FINAL approval.
3. Application of Hoser W. Cunuinghas for a conditional use
permit for a home for the elderly on a 29,432.7-square foof
parcel located on the east side of Lynn Shore Drive, north
of Virginia Beach Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Virginia Beach Ecmettical Housing, Inc. for a
condition 1 permit for an emergency shelter for families
an 8, 8
on %@.IE square f oot parcel located at 241 Cassady
Aveuue (Lynahaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approv&l.
S. Application of Robert R. leasley, et ale, and W. Cecil
Carpenter for a conditional use permit for recreational
facilities of an outdoor nature 'deck over th ee cabana.)
located on the Oceanfrout, south of 58 th Street (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Kirk's, incorporated for a conditional use
permit for the installation of auto and
residential/commercial glass on a 16,500-square foot parcel
located at the northeast corner of Rosemont Road aud Hilber
Street (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Comatission
for approval.
7. Application of James L. Harrall and Associates for a
conditional use permit for a gasoline station with
convenience store on a 40,U/J-squar@foot parcel located on
the uorth side of Saudbridge Road, east of Entrada Drive
(Princess Aaae Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
B. Application of Exxon Corporation for a conditional use
permit for an automobile service station on a 30,221-square
foot parcel located at the northeast corner of Holland Road
and Shippe Corner Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of John T. Atkinson for a tonditional use permit
for a duplex on a 7,000-square foot parcel located on the
south ;ide-of 13th Street, west of Rudee Avenue (Virginia
Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of F. Wayne McLeakey. Jr. for a conditional use
permit for a duplex on a 7,000-square foot parcel located on
the east side of Cypress Avenue, north of 14th Street
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Application of F. Wayne Mc @ key ' Jr. for a conditional use
permit for a duplex on a 7,000-square foot parcel located at
the southeast corner of 13th Street and Rudee Avenue
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of Sandbridge Chapel for a conditional use
permit for a church on a 1.62-acre parcel located at the
northeast and southeast intersections of Little Island Road
and Bouita Lane (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. Application of J. Morter for a conditional use permit for
twelve single-family dwelling units in the AG-1 Agricultural
District on a 36-acre parcel located on the north and south
sides of Hungarian Road, west of Blackwater Road (Blackwater
Borough).
a. Letter from the City Maaager transmits the
recommendation of the Planning Commission
for denial.
14. Application of Hickory Corporation for a change of zoning
from A-1 Apartment District to A-2 Apartmeut District on a
1.5-acre parcel located on the north side of Virginia
Avenue, west of Rudee Avenue (Lynahaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
15. Application of John B. &ad Maureen Jard for a change of
zoning from R-5 Residential District to A-4 Apartment
District on a one-acre parcel located at the southeast
corner of Chinquapin Lane and Birdneck Road (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
16. Application of S.I.R., Ltd. for a change of zoning from R-3
Residential District to R-5 Residential District on a 1S.2--
acre parcel located on the south side of London Bridge Road,
east of Pine View Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
17. Application of Harry L. Snyder for a change of zonint from
0-1 Office District to B-2 Business-Residential District on
72-3,086.8-square foot parcel loc'ated on the south side of
Laskin Road, west of Gay Drive (Lynnhaven Borough).
a. Letter from the City M4nager transmits the
recommendation of the Planning Commission
for denial.
I. RESOLUTIONS/ORDYNAMCKS
1. Special Revenue BondB
a. Resolution approving the issuance of Special Revenue
Bonds from the Suffolk Redevelopment and Housing
Authority ia the amount of $10,000,000 to Terry/Peterson
"sociates II Project (Chimney Hill Apartments).
b. Resolution approving the issuance of Special Revenue
Bonds from the Suffolk Redevelopment and Housing
Authority in the amount of $5,000,000 to Terry/Peterson
Associates I Project (Pembroke Crosging Apartments).
c. Resolution approving the issuance of Special Revenue
Bonds from the Suffolk Redevelopment and Housiug
Authority in the amount of $10,000,000 to 195 Associates
Project.
2. Ordinance to amend and reordain Section 36-172 of the Code
of the City of Virginia Beach relating to the maximum rate
of fare for taxicabs.
CONSENT AGENDA,
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one notion in the form listed. If an item is
removed from the CorLsent Agenda, it will be discussed and
voted upoa separately.
1. Resolution authoriziug and directing the City Manager to
execute a lease agreement between the City of Virginia
Beach and the Virginia Commission of Game and Inland
Fisheries for the purpose of expandiag and renovating the
Owls Creek B"t Ramp.
2. City Manager's Revised OrgauLzational Structure:
a. Resolution to remove Deputy and Assistant City
Mauagers from the City Pay Plan.
b. Ordinance to add Section 2-151.1 to Article IV,
pertaining to the City Hanager, and amending Section
2-75, Article ilip pertaining to officers and
employees generally, of the Code of the City of
VirgizLia Beach, Virginia.
c. Ordinance to authorize the transfer of appropriations
and allocate positions for the uew City Organization
Structure.
3. Ordinance to add Section 12-30 to the Code of the City of
Virginia Beach, Virgiaia, pertaining to Fire Department
records.
4. Ordinance to transfer funds of $13,000 to the Department
of Public Works for construction of a rasp at the beach
for the physically handicapped.
5. Ordinance to transfer funds of $505 from the General Fund
Reserve for Contingeucies to the Police Departmeut for
reimbursement of legal expenses incurred by a police
officer in the performance of his duties.
6. Ordinance authorizing the City Manager to execute an
agreement for health consulting services and transferring
funds of $31,650 for these services.
7. Ordinance to transfer $24,500 for the relocation of the
Icanomic Developmnt DeparUwnt.
8. Ordinance, on FIRST READING, to transfer Capital Projects
appropriations to provide for current needs of projects
included in the prelimiaary FY 1985-1989 CIP.
9. Ordinance, on FIRST READING, to appropriate funds of
$864,280 to the School Operating Fund for the Health
Insurance Progran.
10. Ordinance, on FIRST READING, to appropriate funds of
$71,868 for the Federal Food Staup Fmployment Service
Program.
11. OrdirLance, on FIRST READING, to accept and appropriate
$36,341.00 from the Southeastern Virginia Areawide Model
Program (SEVANP).
12. Ordinauce to authorize a temporary encroachment into a
portion of the right-of-way of Lynnhaven Road, to
Lynnhaven Mall Associates, its assigns and successors in
title.
13. Ordinance appointing viewers in the petition of Kitchell
L. Dunbar and Linda S. Dunbar for the closure of a
portion of Maynard Avenue (Kempsville Borough).
14. Ordinance appointing viewers in the petition of Holland
Office Park kosociates and R. G. Moore Building
Corporation for the closure of a portion of Branksome
Drive (Kempaville Borough).
15. Ordinance appointing viewers in the petition of W. Taylor
Johnson, Jr., for the Entate of W. Taylor Johnsou, Sr.,
for the closure of an unnamed 30-foot lane (Lynnhaven
Borough).
16. Low bid of Asph< Roads and Materials Cospany, Inc., in
the amount of $1,261,075.30, for the Mill Dam Community
Improvements, Coutract 1;
AND,
a low bid of Luke Construction Cospany. Inc., in the
amount of $138,800, for the 14ill Dam Community
Improvements, Contract 11.
17. Ordiaance authorizing the City Manager to execute a Deed
of Reversion from the City of Virginia Beach to S.A.S.
Associates for a pump station site that is no longer used
by the City of Virginia Beach.
18. Ordinance authorizing the City Manager to execute an
agreement with Virginia leach Ecumenical Housing, Inc.,
to provide temporary housing to homeless families in
Virginia Beach.
19. Request of the City Treasurer for tax refunds in the
anount of $411.55.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. 1-64 Directional Signing
M. ADJO@
1. Motion to adjourn.
nGULAR CITY COUNCIL IMTING
NOVMER 12, 1984
C A N C B L L 3 D
(Viteran's Day)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
FOXFIRE AND COURTHOUSE ESTATES
November 5, 1984
12:30 p.m.
The BRIEFING concerning the status of the two developments south of the "GREEN
LINE", FOXFIRE and COURTHOUSE ESTATES, was called to order by Mayor Heischober
in the Council Chambers, City Hall Building, on Monday, November 5, 1984, at
12:30 in the afternoon.
Director of Planning Robert Scott located these particular parcels on a map,
and outlined the following chronological events in connection with the FOXFIRE
DEVELOPMENT:
February 10, 1984 Preliminary subdivision submitted for review
April 23, 1984 City Council action suspended all review
of development plans until July 1, lq84.
July 9, 1984 Preliminary subdivision review complete
subdivison approval denied due to in-
adequate recreation/open space.
September 21, 1984 Resubmittal of preliminary subdivison.
October, 1984 Subdivision approval again denied due to
minor problems.
November 2, 1984 Resubmittal of preliminary subdivision
Staff believed APPROVAL of their proposed plan is EMINENT.
Preliminary Subdivsion Satistics:
R-5 107.5 acres 263 single-family homes
A-1 37.2 acres 390 townhouse units
recreation/open space 8.1 acres
lake 11.5 acres
Virginia Department of
Highway Right-of-Way 3.3 acres
TOTAL 167.6 acres 653 dwelling units
November 5, 1984
- 2 -
FOXFIRE AND COURTHOUSE ESTATES
B R I E F I N G
(Continued)
Robert Scott further outlined the events in connection with the COURTHOUSE ESTATES
DEVELOPMENT, which is not so clearly defined:
APPROVED approximately 1970 as a PLANNED UNIT DEVELOPMENT
February 21, 1984 Preliminary subdivision submitted for
review
April 23, 1984 Preliminary subdivision review complete;
subdivision approval denied due to lack
of compliance to City Council approved
land use plan. Applicant was informed
that Planning Commission review and
City Council appproval would be required
prior to subdivision approval and the prop-
erty located north of North Landing Road
must also be shown on the plan.
September 18, 1984 Resubmittal of preliminary subdivison
showing both sides of North Landing Road
Preliminary Subdivison Statistics:
Zoning PD-EL
Land Use Use Area Dwelling units/acre
I Parcel North of North Landing Road
commercial 15.0 acres
recreation/open space - 4.0 acres --
apartments 590 24.6 acres 24
Total 590 43.6 acres
II Parcel Between North Landing Road and Indian River Road
school (dedicated) 40.0 acres --
commercial 5.5 acres
recreation/open space - 26.0 acres --
single family(5000 sq.ft.) 1390 231.7 acres 6
townhouses 832 68.7 acres 12
apartment 560 32.1 acres 17
Total 2782 404.0 acres
III Parcel South of Indian River Road
recreation/open space - 13.1 acres --
single family 14 25.2 acres 1.8
Total 14 38.3 acres
GRAND TOTAL 3386 458.9 7.4
November 5, 1984
- 3 -
FOXFIRE AND COURTHOUSE ESTATES
B R I E F I N G
(Continued)
Upon review of this plan, the following was CONCLUDED by staff:
(1) With respect to the southern part of the property (portion
south of North Landing Road), a plan is being submitted
that is not in accordance with Council's Approved Land
Use Plan. This must be rectified by applying for an
amendment to the plan or by other means which would comply
with the original plan. This will be difficult because of
the rearrangement of the school sites.
(2) The approved plan calls for dwelling units at a density
of 12 to 36 dwelling units per acre on the northern site.
The submittal shows, a density of 24 dwelling units per acre
on that site. With respect to present facilities in the
area and what other types of land uses are in the area
both now and in the foreseeable future, the staff has
concluded that a density range of 12 dwelling units per
acre would be appropriate.
Due to the number of units proposed for Courthouse Estates, the volume of traffic
generated will be quite large and has the capability of overloading certain roads
within the area. The above property is no longer in single ownership but separate
parts are owned by different entities. Included in the original land use plan
approved by City Council were some sites for schools, which have been since relocated.
November 5, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 5, 1984
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, November 5, 1984, at 1:05 in the afternoon.
Council Members Present:
Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
John A. Baum, Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
*Councilman John A. Baum entered the Executive Session at 1:13 p.m.
*Councilwoman Nancy A. Creech entered the Executive Session at 1:13 p.m.
November 5, 1984
- 2 -
ITEM # 22720
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
of 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.
TJpon motion by Councilman Robert Jones, seconded by Councilman Fentress, City
Council voted to proceed into the EXECUTIVE SESSION, to be followed by the
REGULAR SESSION.
Voting: 8-0
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 3 -
R E C U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 5, 1984
2:00 p.m.
Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, November
5, 1984, at Two O'Clock 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 Meyera
E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION: Reverend Lawrence J. Reesman III
Pastor
Bayside Christian United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
November 5, 1984
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
CONSENT AGENDA
REVISED ORGANIZATIONAL
STRUCTURE ITEM # 22721
Councilwoman Oberndorf referenced the City Manager's Revised ORGANIZATIONAL
STRUCTURE (See Item II-J.2a.b.c. of the Consent Agenda). Councilwoman
Oberndorf inquired as to the proposed removal of the Deputy and Assistant City
Managers from the current City Pay Plan, and if these positions would be applicable
to the Grievance Process and other personnel policies, including "across the
board" general increases, as the regular City Employees.
The City Manager advised the Deputy and Assistant City Managers would not
be entitled to any across-the-board increases. Their salary evaluation would
strictly adhere to a merit basis.
The City Attorney advised these positions would not be applicable to the
Personnel GRIEVANCE PROCEDURE, but would have all retirement and health benefits
as City Employees and serve at the pleasure of the City Manager.
Item II-D.2
TAXICAB RATE INCREASES ITEM # 22722
Councilman Louis Jones referenced the Ordinance to amend and reordain Section
36-172 of the Code of the City of Virginia Beach realting to the maximum rate
of fare for taxicabs (See item II-I.2 of RESOLUTIONS/ORDINANCES).
Councilman Louis Jones inquired as to the last rate increase involving taxicabs.
Tbe last rate increase was February 1981.
November 5, 1984
Item II-F.1
MINUTES ITEM 22723
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
APPROVED a Correction to the Minutes of September 24, 1984, as follows:
Page 32 - ITEM # 22571 (CONSENT AGENDA ITEM II-J.8 - Ordinance to
Transfer Capital Project Funds to Project #3-826 ENERGY
CONSERVATION PROGRAM)
The Motion should correctly read:
Upon motion by Councilwoman Oberndorf, seconded by Council-
woman Creech, City Council ADOPTED an Ordinance to Transfer
@i94TgOG $150,000 of Capital Project Funds to Project #3-826
ENERGY CONSERVATION PROGRAM for an Additional Chiller for the
Juvenile Court building expansion.
AND, Council further AMENDED the Minutes of October 22, 1984 as follows:
Page 13 - ITEM # 22691 (ORDINANCE UPON APPLICATION OF THE SOUTHLAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A GASOLINE
STATION R01084861)
Letters dated October 30, 1984 to Mr. Lyle Tatro from Assistant
City Attorney Charles Salle' and November 5, 1984 from City
Attorney J. Dale Bimson to Vice Mayor Reba S. McClanan are
hereby incorporated into the minutes of October 22, 1984.
These letters referenced the verbal agreement by SOUTHLAND
CORPOP,ATION to provide appropriate screening between the
new Seven-Eleven facility that is located at Oceana Boule-
vard and Harpers Road and the adjacent residential development.
Page 25 ITEM # 22699 (ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN,
INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2 AND FROM R-3 to B-2 (ZO1084909 and Z01084910)
REt4OVE Condition No.l. and RESTATE as per the following:
1. Applicant has voluntarily agreed to berm the back of the shopping
center and place a tree line adjacent to All residential lots.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentressp Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.t Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J.Henry McCoy, Jr., D.D.S.
Councilwoman Oberndorf referenced the SUMMARY OF COUNCIL ACTIONS was typed on
the old form which li-sted Councl.lman Kitchin rather than Councilman Fentress.
October 30, 1984
Mr. Lyle ~atro ..
~outhland Corporation
7931 Haltrin Drive
Norfolk, Virginia 23518
Dear Mr. Tatro:
This letter is to confirm our telephone conversation
to the effect that Southland Corporation agrees to provide
appropriate screening between the new 7-11 facility to be
located at Oceana Boulevard and Harper's Road and the adjacent
residential development. I understand that the screening
will be included on the site plan when it is submitted for
approval by the City.
Thank you for your cooperation is this matter.
Very truly yours,
Charles M. salle'
Assistant City Attorney
CMS/cb
Thomas M. Muehlenbeck, City Manager
Robert Scott, Planning
November 5, 1984
5b -
Cit3,@f
J. DALE BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGI.IA BEACH, VIRGINIA 23456-9002
(804) 427-4531
November 5, 1984
Vice-Mayor Reba S. McClanan
Councilman Robert E. Fentress
Municipal Center
Virginia Beach, Virginia
Dear Councilmembers:
In reference to our recent conversation, I enclose a letter
dated October 30, 1984- whereby, Mr. Lyle Tatro of Southland Cor-
poration has verbally @greed by telephone conversation to provide
appropriate screening between the new Seven-Eleven facility that
is located at Oceana Boulevard and Harpers Road and the adjacent
residential development. Furthermore, it is understood that this
screening may be reviewed at the site plan stage.
You may decide to include this letter as part of the minutes
concerning this use permit that was approved on October 22, 1984.
If you have any further questions, please give me a call.
Very truly yours,
@@ @ @ 101,@- @- '@@/ @
J. Dale Bimson
JDB:jh
cc: City Clerk
November 5, 1984
6
Item II-F.2
PROCLAMATION ITEM 22724
ADD ON
Mayor Heischober PROCLAIMED the month of November, 1984 as
SCORE MONTH
(SERVICE CORPS OF RETIRED EXECUTIVES)
This PROCLAMATION recognized the contribution made by SCORE to the City's
economy and to small businesses.
This PROCLAMATION was accepted by Chairman William Pritchard
Councilwoman Creech further complimented William Pritchard upon his citation
by the Small Business Administration for his operation of one of the
finest SCORE operations in the State of Virginia.
November 5, 1984
- 6a -
CITY OF Virginia Beach
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, the Norfolk SCORE Chapter No. 6 0 of the Service
Corps of Retired Executives has contributed greatly to m @a -ny small businesses
in and around the City of Virginia Beach and,
WHEREAS, SCORE consists of many fine and dedicated retired
executives; and,
WHEREAS, SCORE provides services to small businesses at no cost; and,
WHEREAS, we are now celebrating the 20th anniversary of the
beginning of SCORE;
NOW, THEREFORE, 1, Harold Heichober, Mayor of the City of
Vir do hereby proclaim this month of November, 1984,
2tinia Beach
the th anniversary of SCORE, as
SERVICE CORPS OF ILDI@RT@D
EXECUTIVES MONTH
in the City of Virginia Beach and call upon all citizens to celebrate this
month and to recognize the contribution made by SCORE to our economy
and to small business.
IN TESTIMONY WHEREOF, I have herelinto set my hand and caused
to be affixed the great seal of the City of
day of November, 1984.
MAYOR
November 5, 1984
7
Item II-G. 1
PUBLIC HEARING ITEM 22725
Mayor Heischober declared a PUBLIC HEARING for the following:
AMENDMENT TO SECTION 36-172 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO THE MAXIMUM RATE OF FARE
FOR TAXICABS
Herbert R. Dise, owner of Diamond and Yellow Cab of Virginia Beach,
and representing Beach and Coastal Cabs, spoke concerning this rate
increase from eighty (80cts) cents per mile to one ($1.00) dollar per mile.
There being no further speakers, Mayor Heischober closed the PUBLIC HEARING.
(See Item II-I.2 RESOLUTIONSIORDINANCES)
November 5, 1984
- 7a
PUBLIC NOTICE
On November 5, 19B4, at 2 p.m., at the City Council Chambers (in the
City Hall Building), the City Council of the City of Virginia Beach
will consider an increase in the rates and charges for taxicabs (Section
36-172 of the Virginia Beach City Cods), as sat forth belows
Currant Proposed
------- --------
Fraction of a mile for which rate is charged .. 1/8 1/5
Rate applied to the first fraction (drop) ..... $1.00 $1.00
Rate applied to each additional fraction ...... $0.10 $0.20
If hired on an hourly basis, the rate of $9.00 per hour still applies.
Ruth Hodges Smith, CMC
City Clerk
- 8 -
Item II-G. 2
PULBIC HEARING ITEM # 22726
Mayor Heischober declared a PUBLIC HEARING for the following:
PROPOSED BUDGETARY INCREASE TO APPROPRIATE FUNDS OF @864,280
TO THE SCHOOL OPERATING FUND FOR THE HEALTH INSURANCE PROGRAM
There being no speakers, Mayor Heischober closed the PUBLIC HEARING.
(See Item II-J.9 of the Consent Agenda)
November 5, 1984
Sa
PUBLIC NOTICE
PUBLIC HEARING
CITY OF VIRGINIA BEACH
PROPOSED BUDGETARY INCREASES
FOR TliE 1984-1985 FISCAL YEAR
Pursuant to Chapter 2, Section
2-187.1 of the City Code a
public hearing will be held by
the City Coundil in Council
Chambers in the City Hall
Building on Monday, November
5, 1984 at 2:00 p.m., to
discuss proposed increases in
the Operating Budget for
fiscal year 1984-1985 as
follows:
PROPOSED INCREASES
General Fund
Transfers to the
School Operating
Fund $ 864,280
Schoo Op ating Fund
C.ntr! ctu :i
Services (Fringe
Benefits) 864,280
ESTIMATED REVENUES
General Fund
Unappropriated
Fund Balance $ 864,280
School Operatl Eund
T.an.f.r. fromn!the
he
Gen6ral Fund $ 864,280
Individuals desiring to pro-
vide otal comment should
register before the hearing
begins with the City Clerk's
Office on the second floor of
the City Hall Building or by
calling 427-4303.
Hodges-Smith, CMC
City Clerk
November 5, 1984
9
Item II-H.
PLANNING ITEM 22727
ADD-ON
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon application of EDWIN B. LINDSLEY, JR.,
for the discontinuance, closure and abandonment of a portion of Cape Henry
Drive as per the following:
FINAL APPROVAL
Application of Edwin B. Lindsley, Jr., for the dis-
continuance, closure and abandonment of a portion of
Cape Henry Drive beginning at the eastern boundary
of Urchin Road and running in an easterly direction
a distance of 300.94 feet. Said parcel is 25.08 feet in
width and contains 7,548 square feet. LYNNEAVEN BOROUGH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
ORDINANCE NO.
AN ORDINANCE CLOSING. VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 25 FEET WIDE
KNOWN AS CAPE HENRY DRIVE
LOCATED IN LYNNHAVEN BEACH IN THE
CITY OF VIRGINIA BEACH, VLRGINIA
WIIEREAS, proper notice that Edwin B. Lindoley. Jr. would make
application to the City Council of the City of'Virginia Beach, Virginia.
to have the hereinafter described portion of that certain undeveloped
street, 25 feet wide, known as Cape Henry Drive closed, vacated and
discontinued was duly advertised; and
WHEREAS, the Petitioner as owning the contiguous parcels to
said street, which is effected by its closure. has requested that said
street be closed; and
WHEREAS. Application was made to the City Planning Commission
and to the City Council, and, pursuant to the 13tatutes in such cases
made and provided, the Council appointed viewers who have reported to
the Council that no Inconvenience to the public or to the private indi-
viduals would result from such closings, vacating and discontinance;
and
WHEREAS, it te the judgment of the Council that the said
streets should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
Section 1: That the said undeveloped street 25 feet wide known
as Cape Henry Drive described below. located in Lynnhaven Beach in the
City of Virginia Beach, Virginia, is hereby closed, vacated and discon-
tinued, said etreet not being needed for public use:
ALL that certain pieoe or parcel of land, situate,
lying and being in the City of Virginia Beach.
Virginia. and being a portion of that certain undeve-
loped street known as "Cape Henry Drive". being more
particularly bounded and described as follows: com-
mencing at the point of the intersection of the
southeast corner of Lot 13, and the southwest corner
of Lot 14 as shown on that plat of Lynnhaven Beach,
Block L (Mop Book 5, Page 71). thence turning and
running north 80*81 east 150.94 feet to a point,
thence turning and running south 5*211 east 25.08
feet to a point, thence turning and running south
80081 west 300.94 feet to a point, thence running
north 5*211 west 25.08 feet to a point. thence
turning and running north 80008'east 150 feet to the
point of beginning. Said parcel contains 7,523.50
square feet and is more fully described by reference
to that plat entitied "Plat Showing Portion of Cape
Henry Drive to be cloaed, Lynnhaven Beach, Virginia
Beach, Virginia, Scale: I" = 201, January 30, 1984.
Gallop Surveyors & Engineers, Ltd., Virginia Beach.
Virginia".
Section 2: A copy of this Ordinanoe. certified by the Clerk,
-be spread upon the public,records in the Clark's Office in the Circuit
Court in the City of Virginia Beach, Virginia and indexed in the name of
the City of Virginia Beach as Grantor.
Section 3: This Ordinance shall be effective thirty (30) days
from date of its adoption.
3.13.29.C
FINAL APPROVAL -- November 5, 1984
-2-
- 10 -
Item II-H.1
PLANNING ITDI # 22728
Attorney Robert Crcymwell represented the applicant
Director of Planning Robert Scott and Assistant to tbe City Manager David
Grochmal responded to inquires regarding the cul-de-sac
(Due to a change in the NEWSOME FARMS DEVELOPMENT PLAN, the cul-de-sac
is no longer required in the location previously shown.)
A MOTION was made by Councilman Louis Jones, seconded by Councilwoman Oberndorf
to DEFER this application until the City Council Meeting of November 19, 1984.
This motin was WITHDRAWN, in order that this item might be discussed at the
end of the Planning Items.
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council ADOPTED the following:
AN ORDINANCE TO AMEND AN ORDINANCE UPON APPLICATION
OF NEWTOWN DEVELOPERS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION 'FROM A-1 TO B-2 ON THE NORTH SIDE OF
GOODMAN ROAD BY DELETING A REQUIREMENT OF A DEDICATION
OF A CUL-DE-SAC WITH A 50-FOOT RADIUS ON GOODMAN ROAD
ADOPTED JULY 6, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 10a -
AN ORDINANCE TO AMEND AN ORDINANCE UPON
APPLICATION OF NEWTOWN DEVELOPERS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-1 to B-2 ON THE NORTH SIDE OF
GOODMAN ROAD BY DELETING A REQUIREMENT OF
A DEDICATION OF A CUL-DE-SAC WITH A 50-FOOT
RADIUS ON GOODMAN ROAD ADOPTED JUI,Y 6, 1981
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Than an ordinance upon application of Newtown Developers
for a chanqe of zoning district classification on certain property
located on the north side of Goodman Road is hereby amended and
reordained by deleting the following:
Dedication and improvement of a cul-de-sac with a
50-foot radius on Goodman Road.
This ordinance shall be effective from date of adoption.
ADOPTION: November 5, 1984
November 5, 1984
Item 11-H.2
PLANNING ITEM 22729
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance closing, vacating and discontinuing a portion of 14th Street
in the petition of SANDCASTLE MOTEL, INC., as per the following
FINAL APPROVAL
Application of The Sandcastle Motel, Inc. for the dis-
continuance, closure and abandonment of a portion of
14th Street beginning at the eastern boundary of Atlantic
Avenue and running in an easterly direction a distance
of 150 feet. Said parcel is 89 60 feet in width and
contains 12,000 square feet. VIRGINIA BEACH BOROUGH.
Street Closure corrected from 80 feet to 60 feet in width.
The City Manager referenced consideration by the Planning Department as to
access to the beach and boardwalk relative this application.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
THE SANDCASTLE MOTEL, INC.
a Virginia Corporation
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF 14TH STREET, IN VIRGINIA BEACH
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, The Sandcastle Motel, Inc., to be
presented to the City Council of the City of Virginia Beach,
Virginia, on the_ day of , 1984, for the
vacation of the hereinafter described public street in the
City of Virginia Beach, Virginia, was on the_ day of
, 1984, and on the- day of
1984, duly published twice with six days elapsing between
the two publications in a newspaper published or having
general circulation in the City of Virginia Beach, Virginia,
specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity
with the manner prescribed by Code of Virginia, Section
15.1-364, for the institution of proceedings for the
vacation of a public street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
- day of , 1984, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the _ day of
1984, appointed
and as viewers to view such street
,nd report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said street, and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of 14th Street in
the Borough of Virginia Beach, in the City of Virginia
Beach, Virginia, be and the same is hereby vacated and
discontinued:
All that portion of 14th Street between
Atlantic Avenue and Atlantic Boulevard
in Virginia Beach Borough of the City of
Virginia Beach, Virginia, as shown on
"Property of Norfolk R. R. Virginia Beach,
Virginia", recorded in the Clerk's office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Kap Book 6, at page
329, and as shown on the plat attached
hereto entitled "Study Plan of Proposed Street
Closure and Relocation of 14th Street East
of Atlantic Ave.", Virginia Beach Borough,
virginia Beach, Virginia, dated October 19,
1983, and made by Gallup Surveyors & Eligincers,
Ltd.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of The Sandcastle Motel, Inc., as grantee,
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, at the expense of the applicant.
3. This ordinance shall be effective thirty (30)
days from the date of its adoption.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held
on the_ day of 1984.
TESTE: RUTH SMITH, CITY CLERK
By
city Clerk
FINAL APPROVAL -- November 5, 1984
- 12 -
Item II-H.3
PLANNING ITEM # 22730
Attorney Glen Crowshaw represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of HOMER W. CUNNINGHAM for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF HOMER W. CUNNINGHAM FOR A
CONDITIONAL USE PERMIT FOR A HOME FOR THE ELDERLY
R01184682
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of HoTner W. Cunningham for a
Conditional Use Permit for a home for the elderly on the
east side of Lynn Shore Drive, 577.3 feet north of Virginia
Beach Boulevard on ParcQ.1 A. Said parcel is located at 342
Lynn Shore Drive and contains 29,432.7 square feet. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. Installation of an automatic sprinkler system and an
automatic fire alarm system meeting the approval of
the Department of Fire Plans Review Office and the
City Fire Protection Engineer.
Ihis Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 13 -
Item II-R.4
PLANNING ITEM # 22731
Attorney Carolyn Cox represented the applicant
Flora Haynie, President of Virginia Beach Ecumenical Housing, Inc., also
represented the applicant
(The General Guidelines and a Fact Sheet on VIRGINIA BEACH ECUMENICAL
HOUSING, INC., are hereby made a part of the record.)
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ECUMENICAL
HOUSING, INC., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ECUMENICAL
HOUSING, INC., FOR A CONDITIONAL USE PERMIT FOR AN
EMERGENCY SHELTER FOR FAMILIES R01184683
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Virginia Beach Ecumenical Housing,
Inc., for a Conditional Use Permit for an emergency sbelter for
families on Lot 11, Block 25, Princess Anne Plaza, Section Two.
Said parcel is located at 241 Cassaday Avenue and contains
8.893.4 square feet. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. There shall be a maximum of four (4) adults, with
no maximum on dependent children (under 18 years
of age).
2. There shall be a maximum of three (3) automobiles
at any given time.
3. Conditional Use Permit shall be for a period of
two years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay: November 5, 1984
None
Council Members Absent:
- 14 -
Item II-H.5
PLANNING ITEM # 22732
W. Cecil Carpenter represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of Robert R. Beasley, ETALS,
and W. Cecil Carpenter for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ROBERT R. BEASLEY, ETALS,
AND W. CECIL CARPENTER FOR A CONDITONAL USE PERMIT FOR
RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R01184684
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Robert R. Beasley, ETALS,
and W. Cecil Carpenter for a Conditional Use Permit for
recreational facilities of an outdoor nature (deck over
3 cabanas) located on the west side of Ocean Front, 95
feet south of 58th Street on Lot 3, Block 7, Ubermeer.
Said parcel contains 5,250 square feet. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. Approval is for a period of two (2) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent.
Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 15 -
Item II-H.6
PLANNING ITEM # 22733
Attorney William T. Webb represented the applicant
Uon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of KIRK'S, INCORPORATED for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF KIRK'S, INCORPORATEDFOR A
CONDITIONAL USE PERMIT FOR THE INSTALLATION OF AUTO AND
RESIDENTIAL/COMMERICAL GLASS R01184685
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Kirk's Incorporated,for a
Conditional Use Permit for the installation of auto and
residential/commerical glass on Lots 12 and 13, Section
1, Westmoreland Estates. Said parcel is located at 146
Rosemont Road and contains 16,500 square feet. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. The hedge and chain link fencewhicb screens the
residential property, shall be left intact.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.t Robert C. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
*Verbal Aye
November 5, 1984
- 16 -
Item II-H.7
PLANNING ITEM # 22734
Attorney Glen Crowshaw represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
DENIED an Ordinance upon application of JAMES L. HARRELL AND ASSOCIATES as
per the following:
ORDINANCE UPON APPLICATION OF JAMES L. HARRELL AND ASSOC.,
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION
Ordinance upon application of James L. Harrell and Assoc.,
for a Conditional Use Permit for a gasoline station with
convenience store on certain property located on the north
side of Sandbridge Road, 500 feet east of Entrada Drive,
Lagomar. Said parcel contains 40,075 square feet. Plats
with more detailed information are available in the De-
partment of Planning. PRINCESS ANNE BOROUGH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 17 -
Item II-H.8
PLANNING ITEM # 22735
Attorney James M. Pickrell represented the applicant
Harold D. Sipler, Real Estate Representatie of Exxon Corporation, re-
presented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a
conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF EXXON CORPOFATION FOR A
CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION
R01184686
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Exxon Corporation for a
Conditional Use Permit for an automobile service station
on property located at the northeast corner of Holland Road
and Shipps Corner Road on Part of Parcel A-2, Cardinal
Estates, Inc., Said parcel is located at 3188 Shipps Cor-
ner Road and contains 30,221 square feet. PRINCESS ANNE
BOROUGH
The following conditions shall be required:
1. A dedication of right-of-way, temporary construction
easements and permanent drainage easements as shown on
Holland Road Phase IV plans on file in the City Engineer's
Office as per the Master Street and Highway Plan.
2. Landscaping shall be required as submitted in the
revised site plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 18 -
Item II-H.9
PLANNING ITEM # 22736
Richard Browner represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon application of JOHN T. ATKINSON for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF JOHN T. ATKINSON FOR A
CONDITIONAL USE PERMIT FOR A DUPLEX R01184687
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John T. Atkinson for a
Conditional Use Permit for a duplex on the south side
of 13th Street, 50 feet west of Rudee Avenue on Lots
7 and 8, Block 120, Lakewood. Said parcel contains
7,000 square feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 19 -
Item II-H.10
PLANNING ITEM # 22737
Richard Browner represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon applicati.on of F. WAYNE McLESKEY, JR., for
a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR., FOR
A CONDITIONAL USE PERMIT FOR A DUPLEX R01184688
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA:
Ordinance upon application of P. Wayne McCleskey, Jr., for
a Conditional Use Permit for a duplex on lots 23 and 24,
Block 105, Lakewood. Said parcel is located at 1405
Cypress Avenue and contains 7,000 square feet. VIRGINIA
BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
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 C. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
(Item II-H.10 and Item II-H.11, Applications of F. Wayne McLeskey, Jr.,
were voted upon together.)
November 5, 1984
- 20 -
Item II-H.11
PLANNING ITEM # 22738
Richard Browner represented the application
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR., for
a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR.
FOR A CONDIIIONAL USE PERMIT FOR A DUPLEX R01184689
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of F. Wayne McLeskey for a
Conditional Use Permit for a duplex on Lots 9 and 10,
Block 120, Lakewood. Said parcel is located at 900
and 902 13th Street and contains 7,000 square feet.
VIRGINIA BEACH BOROUGH.
This OrdinAnce shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
(Item II-H.10 and item II-H.11, Applications of F. Wayne McLeskey, Jr.,
were voted on together.)
November 5, 1984
- 21 -
Item IT-H.12
PLANNING ITM # 22739
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of SANDBRIDGE CHAPEL for a
Conditonal Use Permit as per the following:
ORDINANCE UPON APPLICATION OF SANDBRIDGE CHAPEL FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R01184690
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Sandbridge Chapel for a
Conditional Use Permit for a church at the southwest
intersection of Little Island Road and Bonita Lane on
Lot 16, Section 1, Back Bay Meadows and at the southeast
and northeast intersections of Little Island Road and
Bonita Lane on Lots 87-90, Section 2, Tract C, Sandbridge
Beach. Said parcels contain 1.62 acres. PRINCESS ANNE
BOROUGH.
The following condition shall be required:
rent-ftge
1. A 15-foot dedication of right-of-way along the frontage
on Sandpiper Road, 45 feet from the centerline of the
existing 60-foot right-of-way to provide for an ultimate
90-foot right-of-way as per the Master Street and Highway
Plan shall be eliminated; however, an agreement shall be
filed with the City stating that the Church will not
construct on this 15 feet so the City may have this
property, wbenever necessary, for Ferrell Parkway. The only
improvements to be constructed or installed within this 15
feet shall be landscaping.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-fbur.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 22 -
Item II-H.13
PLANNING ITEM # 22740
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council DENIED an Ordinance upon application of J. MORTER for a Conditional
Use Permit as per the following:
ORDINANCE UPON APPLICATION OF J. MORTER FOR A CONDITIONAL
USE PERMIT FOR TWELVE SINGLE-FAMILY DWELLING UNITS
Ordinance upon application of J. Morter for a Conditional
Use Permit for 12 single family dwelling units in the AG-1
Agricultural District on certain parcels located 600 feet
north and south of Hungarian Road beginning at a point 7,820
feet more or less west of Balckwater Road as shown on the
plat entitled "Subdivision of Parcels A & B of Blackwater
Forest" on file in the Department of Planning. Said parcel
contains 36 acres more or less. BLACKWATER BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 23 -
Item II-H.14
PLANNING ITEM # 22741
Attorney Richard E. Payne represented the applicant
Reference was made to a letter from Captain C. L. Tinker, Commanding Officer,
of the Naval Air Station Oceana, in opposition to this application (Said
letter is hereby made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of HICKORY CORPORATION for
a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1
to A-2 Z01184911
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corporation for a
Chang6 of Zoning District Cldssification from A-1 Apartment
District to A-2 Apartment District on certain property
located on the north side of Virginia Avenue beginning at
a point 640 feet more or less west of Rudee Avenue, running
a distance of 125.79 feet along the north side of Virginia
Avenue, running a distance of 231.18 feet in a northwesterly
direction, running a distance of 248.92 feet in an north-
easterly direction, running a distance of 181 feet in a
southeasterly direction and running a distance of 213.80
feet in a southerly direction. Said parcel contains 1.5
acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Noise Disclosure Statements shall be provided to the
purchasers or renters of the property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
November 5, 1984
None
Council Members Absent:
- 24 -
Item II-H.15
PLANNING ITEM # 22742
R. E. Dudley, builder in Virginia Beach, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of JOIM B. AND MAUREEN JARD
for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JOHN B. AND MAUREEN JARD
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO A-2 (AS AMENDED) Z01184912
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John B. and Maureen Jard for
a Change of Zbning District Cla8sification from R-5 Resi-
dential District to A-4 A-2 (AS AMENDED) Apartment District
on property located at the southeast corner of Birdneck Road
and Chinquapin Lane. Said parcel is located at 1051 Chinquapin
Lane and contains I acre. LYNNHAVEN BOROUGH.
Prior to the changing of tbe official zoning maps, the following condition will
be met:
A variable width right-of-way dedication along Chinquapin
Lane, 25 feet from the centerline of the existing right-of-
way to provide for an ultimate 50-foot standard right-of-way.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert 0. Jones, and Meyera E. Obernodrf
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Vice Mayor McClanan ABSTAINED as husband is involved in a closing regarding
this property.
November 5, 1984
- 25 -
Item II-H.16
PLANNING ITEM # 22743
David C. Eckhart, real estate broker and one of the principals involved in
the application, represented the applicant
Attorney Lorin D. Hay represented the applicant
Ray Duell, President of Virginia Beach Civic Coalition, spoke in favor
of the application
Herbert Smith, owner of Fox-Ridge, a Horse Farm, spoke concerning the
possible erection of a fence.
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of S.I.R., Ltd. for a Cbange
of Zoning per the following:
ORDINANCE UPON APPLICATION OF S.I.R., LTD. FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO R-5
Z01184913
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of S.I.R, Ltd., for a Change of
Zoning District Classification from R-3 Residential District
to R-5 Residential District on certain property located on
the South side of London Bridge Road, 1550 feet more or less east
of Pine View Avenue. Said parcel is located at 2341 London
Bridge Road and contains 15.2 acres. Plats with more detailed
information are available in the Department of Planning.
PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A variable width right-of-way dedication along London Bridge
Road to provide for an ultimate 90-foot right-of-way as per the
Master Street and Highway Plan.
The following condition shall also be required:
Noise Disclosure Statements shall be provided to the purchasers
of the property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November, Nineteen Hundred and Eigh@iour._
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent.
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 26 -
Item II-H.17
PLANNING ITEM # 22744
Attorney Morris H. Fine represented the applicant
Harry L. Snyder, the applicant, was also in attendance
Michael Pasquale, resident of 601 Gay Drive, spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of HARRY L. SNYDER for a
Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF HARRY L. SNYDER FOR A CHANGE
OF ZONLNG DISTRICT CLASSIFICATION FROM 0-1 TO B-1 (AS AMENDED)
Z01184914
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Harry L. Snyder for a Change of
Zoning District Classifitation from 0-1 Office District to
B-1 Business-Residential District (As Amended) on Lot 6, Fremac
Lake Shores. Said parcel is located at 1353 Laskin Road and
contains 23,086.8 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
Fifth day of November, Nineteen Hundred and Eighty-four.
Voting: 9-1
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, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 27 -
Item II-I.I.a.b.c.
RESOLUTIONS ITEM # 22745
Special Revenue Bonds
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council ADOPTED the following Resolutions:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE SUFFOLK REDEVELOFMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $10,000,000 TO TERRY/
PETERSON ASSOCIATES II PROJECT (CHIMNEY HILL APARTMENTS)
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $5,000,000 TO TERRY/PETERSON
ASSOCIATES I PROJECT (PEMBROKE CROSSING APARTMENTS)
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $10,000,000 TO 195
ASSOCIATES PROJECT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
City Council requested the Staff report concerning the total cumulative
revenue lost by the City of Virginia Beach regarding the issuance of these
Special Revenue Bonds by Redevelopment and Housing Authorities, to contact
cities who have Redevelopment and Housing Authorities and determine the amount
of monies actually going into the General Revenue Fund, and determine if the
City's Industrial Development Authority would be in a position to issue
these bonds.
November 5, 1984
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 II Proje(@i
1. PROJECT NAME: Chimney Hill Apartments
2. LOCATION: Northwest corner of Addison Street
and Chimney Hill Parkway
3. DESCRIPTION OF PROJECT: 204-Unit Rental Aparliment Project
T--Story Garden Apartents
4. AMOUNT OF BOND ISSUE: $10,000,000
5. PRINCIPALS: Frederick J. Napolitano
Richard E. Olivieri
John H. Peterson, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is to invite and encourage
the Suffolk Redevelopment and Housing Authority to issues its
Special Revenue Bonds for the benefit of Terry/Peterson Associates
II (Chimney Hill Apartmonts).
1 1/5/ 9 3
FISCAL IMPACT STATEMENT
FOR PROPOSED SPECIAL REVENUE BOND FINANCING
DATE: October 30, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA -
PROJECT NAME: Chimney Hill Apartments (Terry/Peterson Associates
II Project)
TYPE OF FACILITY: 204-Unit Rental Apartment Project
1. Maximum amount of financing sought $io,ooo,ooo
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 6,936,000
3. Estimated real property tax per year
using present tax rates $ 55,488
4. Estimated personal property tax per
year using present tax rates $ N/A
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ - N/A
6. Estimated dollar value per year of goods $5,712,000 - During con-
and services that will be purchased struction
locally $ 195,840 --T@eafter
7. Estimated number of regular employees on
year round basis 8
B. Average annual salary per employee $ 15,000____
The information contained in this Statement is based solelv
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
By
CE-air-ma-n-
OCEANA
I N 11
I-KIN('I: S ANNI
I T
NOUSTRIAL
U.Nil wi.l..
NE
SCALE I'z 2640 (.5 MILE)
AR 2640 0 2640 5280 7920 10!
0 1 2 MILES
(Terry/@eterson Associates I
p 7. caw-c--r i4,bb &c s6
A-'Z
Pi'Q'b % b a %i
ec--r
RESOLUTION
WHEREAS, Terry/Peterson Associates II, a Virginia general
partnership, or any partnership or corporation of which Frederick
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 dwellinqs; and
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of special revenue bonds
exempt from taxation pursuant to SS 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.
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 5th day of November, 1984.
-2-
1/ 5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED SPECIAL REVENUE BOND FINANCING
DATE: October 30, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Pembroke Crossing Apartments (Terry/Peterson
Associates I Project)
TYPE OF FACILITY: 100-Unit Rental Apartment Project
1. Maximum amount of financing sought $ 5 , 0 0 O., 0 0 0
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $-L, 00,000
3. Estimated real property tax per year
using present tax rates $ 26,720
4. Estimated personal property tax per
year using present tax rates $ - -N/A
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A__
6. Estimated dollar value per year of goods $2,800,000 - During con-
and services that will be purchased struction
locally $ @--T@eafter
7. Estimated number of regular employees on
year round basis 4
8. Average annual salary per employee $ 1 5 , 0 0 0
The information contained in this Statement is based solelv
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
By--
ci7a-i r-m a-n---
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 i Project
1. PROJECT NAME: Pembroke Crossing Apartments
Intersection of Pembroke Boulevard
2. LOCATION: and Witchduck Road, north of Pembrok
Boulevaid 6fi-d e-a,
3. DESCRIPTION OF PROJECT: 100-Unit Rental Apartment Project
2-Story Garden Apartme t@s
4. AMOUNT OF BOND ISSUE: $5,000,000
5. PRINCIPALS: Frederick J. NaDolitano
Richard E. Olivieri
John H. Peterson, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is to invite and encourage
the Suffolk Redevelopment and Housing Authority to issue its
Special Revenue Bonds for the benefit of Terry/Peterson Associates
I (Pembroke Crossing Apartments).
LLk@l/A VEN
INLET
(11,10
!O
0 >
,4
SCALE 1 2640 (.5 MILE)
0 0 2640 5280 7920 10560 FE
0 1 2 MILES
-06 @V
PR OSEC
LCC@TI ON
-P Q- oz r, c-T tv A -1 F-
-PE m th(t ov-F- ce-@ @ AI?Altrv-L--
(Terry/Peterson Associates I)
N. 1.
LAi i 'rC-@@vcw-
-T LA p @ 0 1: @ a o.A tz c r
P. ip Atr
RESOLUTION
WHEREAS, Terry/Peterson Associates I, a virginia general
partnership, or any partnership or corporation of which Frederick
J. Napolitano is a partner or shareholder (the "Developer")
desires to construct housing in the City of Virqinia 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.
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 5th day of November, 1984.
-2-
SUMMARY S@EET
CITY Ok IR lif A B DEVELOP14ENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE
ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME: 195 Associates Project
North side of Virginia Beach Boule-
2. LOCATION: vard, four hundred feet east of,-.
Davis Street, Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: approximately 195@unit rental apart-
ment project
4. AMOUNT OF BOND ISSUE: $10,000,000
S. PRINCIPALS: Ramon W. Breeden, Jr.,
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. is rezoning proposecl? Yes No X
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is to invite and encourage
the Suffolk Redevelopment and Housing Authority to issue its
Special Revenue Bondo for the benefit of 195 Associates.
1/ 5/ 8 3
FISCAL IMPACT STATEMENT
FOR PROPOSED SPECIAL REVENUE BOND FINANCING
DATE: October 30, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: 195 Associates Project
TYPE OF FACILITY: 195-Unit Rental Apartment Project
1. maximum amount of financing sought $ 1 0 1 0 00 I 0 0 0
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 8 , 0 0 0 , 0 0 0
3. Estimated real property tax per year
using present tax rates $ 64,000
4. Estimated personal property tax per
year using present tax rates $ 5,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 350,000
7. Estimated number of regular employees on
year round basis 10
8. Average annual salary per employee $ 15,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
-Cliairman'--
RESOLUTION
iQHEREAS, 195 Associates, a Virginia general partnership,
or any partnership or corporation of which Ramon W. Breeden,
Jr. 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; ard
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of industrial development
revenue bonds exempt from taxation pursuant to SS 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.
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 5th day of November, 1984.
-2-
q d10
C-,
m
0 0 0
riF H
Z
0
Ln <D mu,
F'- A) En rn
(n P. 0
(t P, a
(D0 0)
tJ 1-h 0rt
M (D .:7
cn
mID
ct rt
>
z
tTi
C) 'V ).
z> >
>
m
M>
>
0m til
xx
>
mZ
a 0
M
>
ZC)
oz
n>
>
z
- 28 -
Item II-I.2
ORDINANCE ITEM # 22746
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance to amend and reordain Section 36-172 of the Code
of the City of Virginia Beach relating to the maximum rate of fare for TAXICABS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 28a -
AN ORDINANCE TO AMEND AND RBORDAIN
SECTION 36-172 OF THE CODE OF TIIE
CITY OF VIRGINIA BEACH RELATING
TO THE MAXIMUM RATE OF FARE FOR
TAXICABS.
BE IT ORDAINED BY THE COUNCIL OFTHECITY OFVIRGINIA BEACH,
VIRGINIA:
Sm 36-172. Ma@um rat@Taxicabs.
(a) No person owning, operating, controlling or driving
a taxicab within the city shall ebarge an amount to exceed
the following rates of fare:
(1) For the first 4gii@gh44 one-fifth of a mile or fraction
thereof . . . . . . . . . . . . . . . . . $1.00
(2) For each succeeding @n@gli@ one-fifth of a mile
or fraction thereof . . . . . . . . . . . . L2,Q
(3) Trunk charge . . . . . . . . . . . . . . .0.50
(4) For each minute of waiting time . . . . . .0.15
(5) Gasoline surcharge, per trip . . . . . . .0.50
If hired on an hourly basis, the rate of nine dollars
($9.00) per hour shall apply.
(b) Reserved
(c) Notwithstanding the provisions of this section,
taxicabs bringing passengers into tbis city from witbout
the city shall charge the rates prescribed by the city
or county in which they are licensed.
(d) Any application for a fare increase under this
section shall include justification for such fare increase
and such financial and operating information as may be
requested by the city manager. The city council shall
hold a public hearing before acting on any such application
for a fare increase, after public notice for at least
ten (10) days.
This ordinance shall be effective froni date of adoption.
Adopt d the Coouvneci
by v of beof the City of Virginia Beach
on the da N r 1984.
AP
ATUP.E
DEPARTMENT
@19ATURE
CITY ATTORNEY
November 5, 1984
- 29 -
Item II-J.
CONSENT AGENDA ITEM # 22747
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council APPROVED in ONE MOTION, Items 1, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, and 19 of the CONSENT AGENDA.
Item No. 2.a.b.c. was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heiscbober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 30 -
Item II-J.1
CONSENT AGENDA ITEM # 22748
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution authorizing and directing the City Manager to
execute a lease agreement between the City of Virgi.nia Beach and the Virginia
Commission of Game and Inland Fisheries for the purpose of expanding and
renovating the OWLS CREEK BOAT RAMP.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 30a -
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF VIRGINIA
BEACH AND THE VIRGINIA COMMISSION OF
GAmE AND INLAND FISHERIES FC)R THE
PURPOSE OF EXPANDING AND RENOVATING THE
OWLS CREEK BOAT RAMP
WHEREAS, the Virginia Commission of Game and
Inland Fisheries (Commission) proposes to expand and renovate
the Owls Creek boat rarip at no charge to the City of Virginia
Beach; and
WHEREAS, prior to the commencement of such improvement
to the said boat ramp, it will be necessary for the City of
Virginia Beach to enter into a lease agreement with the
Commission; and
WHEREAS, the Council of the City of Virginia Beach
deems it desirable that the Commission expand and renovate the
said boat ramp; and
WHEREAS, the Council of the City of Virginia Beach is
of the opinion that it is in the best interests of the citizens
of the City of Virginia Beach that the City and the Comrqission
enter into a lease agreement for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute the attached lease agreement on behalf of the City of
Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fif th day of November 1984.
GLF/sm
November 5, 1984
30b -
PROPERTY LEASE AGREEMENT
This Lease and Agreement is entered into on this day of
19 1 by the Virginia Commission of Game and Inland
Fisheries, hereinafter referred to as "the Commission" and the City of
Virginia Beach, hereinafter referred to as "Landowner".
WITNESSETH THAT:
Whereas the Landowner deems it desirable that the Comission establish
public boat ramps, docks and related facilities on the hereinafter
described property; and,
Whereas the Commission is agreeable to establishing public boat ramps,
docks, and related facilities;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in
consideration of the Comission's improving the hereinafter described real
estate with boat ramps/boat docks, without charge and subject to and in
strict compliance with all the following conditions and requirements, the
following described parcel(s) of real estate shall be leased to the
Commission for a period of 20 years: A portion of land located off
General Booth Boulevard and Owls Creek in the City of Virginia Beach, more
specifically described on the drawings marked Exhibit "A" attached hereto
and made a part hereof.
The Commission is further granted I successive option period of 20
years each, provided the Commission notifies the Landowner in writing that
it intends to accept each such successive period, which notice must be
given by the Commission in writing thirty (30) days prior to the end of the
current term of the lease, and should said notice not be given, then this
lease shall lapse and be of no further force and effect.
The above described tract of real estate is leased to the Commission
for the purpose of constructing public boat ramps, and such other features
as may be deemed necessary in the discretion of the Commission for the
satisfactory operation of the said public boat ramps.
The following special terms of obligation are mutually agreed upon, and
violation of any terms by the Landowner may result in cancellation of the
lease by the Commission.
November 5, 1984
30c -
The Commission shall:
1. Cause to be constructed boat ramps of sufficient size, quality, and
engineering standards to be acceptable for public use.
2. Be responsible for the erection and maintenance of suitable signs
for informational and regulatory matters. No other signs shall be erected
without prior written approval of the Commission.
3. As a lessee have a Leasehold right to this property, and as such,
shall be empowered to make any and all regulations in regard to use of the
property.
The Landowner shall, at no cost to the Commission:
1. Be responsible for the trash/litter cleanup and removal in
accordance with normal acceptable sanitary standards as determined by the
Commission.
2. Be responsible for mowing of grass and controlling of weeds, brush,
or other vegetation in an acceptable eye-appealing manner as determined by
the Commission.
3. Adopt and enforce appropriate ordinances to control traffic,
sanitation, litter, and disorderly conduct within the area covered by this
lease; provided that the Landowner shall not make any charge, direct or
indirect, as a prerequisite for the use of this or any other boat launching
facility constructed or maintained, in whole or in part, by the Commission,
without the written permission of the Commission.
4. Share enforcement responsibilities with the Commission of all laws,
ordinances, or regulations pertaining to the area covered by this lease.
5. Exempt the Commission from all taxes, levies, service charges,
etc., on the area covered by this lease.
6. Be responsible for reasonably necessary maintenance of the ramps
and docks as required, in the opinion of the Commission, for safe use by
the public.
7. The Landowner shall be responsible for the reasonably necessary
maintenance, grading, and upkeep of the access roads and parking areas.
November 5, 1984
30d -
This Lease and Agreement may be modified or amended upon written
agreement to so modify and amend, executed by all parties hereto.
This Lease and Agreement is executed in triplicate.
WITNESS THE FOLLOWING SIGNATURES:
VIRGINIA COMMISSION OF GAME AND
INLAND FISHERIES
Attest: By:
Executive Director
LANDOWNER
Attest: By:
Authorized Official
November 5, 1984
- 'In. - -
Li
November 5, 1984
30f
yp Tip.
.,ZB
Noveinber 1984
74
P)t
-76@
TYP Typ.
November 5, 1985
- 31 -
Item II-J.2a.b.c.
CONSENT AGENDA ITEM # 22749
Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council
ADOPTED the City Manager's Revised ORGANIZATIONAL STRUCTURE:
a. Resolution to remove Deputy and Assistant City Manager
from the City Pay Plan.
b. Ordinance to add Section 2-151.1 to Article IV, pertaining
to the City Manager, and amending Section 2-75, Article III,
pertaining to officers and employees generally, of the Code
of the City of Virginia Beach, Virginia.
c. Ordinance to authorize the transfer of appropriations in
the amount of $150,000 and allocate positions for the new
City Organization Structure.
* Corrected to read Assistant City Manager for Human
Services rather than Assistant City Manager for
Human Resources.
* Corrected to read assistant city manager for human services
rather than assistant city manager for human service.
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones@ Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Verbal Aye
- 31a
REBOLUTION TO REMOVE DEPUTY
AND ASSISTANT CITY MANAGERS
FROM THE CITY PAY PLAN
WHEREAS, the City Council has approved the establishment
of poaitions for Deputy City Manager for Development, Assistant
City Manager for Administration, Assiatant City Manager for
Human Servicea and Asaintent City Manager for Analysis and
Evaluation, and
WHEREAS, the City Manager domires that these positions
not be included on the pay plan for employeas of the City of
Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the Director of Personnel is directed
to exclude from th* pay plan the poaitions of Deputy City Manager
for Development, Asaistant City Manager for Administration,
Assistant Clty Manager for Human Services and Aasiatent City
Manager for Analysis and Evaluation.
Adopted by the Council of the City of Virginia Beach,
Virginia on the _ 5__ day of _November 19-84
-------------------------
November 5, 1984
- 31b -
AN ORDINANCE TO ADD SECTION 2-151.1
TO ARTICLE IV, PERTAINING TO THE
CITY MANAGER, AND AMENDING SECTION
2-75, ARTICLE III, PERTAINING TO
OFFICERS AND EMPLOYEES GENERALLY,
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-151.1 of the Code of the City of
Virginia Beach, Virginia, is hereby added pertaining to City
Manager and Section 2-75 is hereby amended and reordained
pertaining to Officers and Employees Generally and read as
follows:
Section 2-151.1. Deputy city manager and assistant city
managers.
The following positions are hereby created in the
office of the city manager: the deputy city manaqer for
development, the assistant city manager for administration, the
assistant city manager for analysis and evaluation and the
assistant city manager for human services. Their duties shall be
such as may be prescribed by the city manager.
Section 2-75. Service d@ivided into exempt and merit services;
composition of exempt service.
(a) The service of the city is divided into exempt
service and merit service.
(b) The exempt service shall consist of:
(1) Members of the city council and all other elected
officials or persons appointed to fill vacancies in elective
offices.
(2) The city manager, the deputy city manager,
assistant city managers, assistants to the city manager and all
heads of departments or offices who are appointed by the city
manager.
(3) Constitutional officers and their employees.
(4) All appointees of the city council.
(5) Employees of the health department.
November 5, 1984
- 31c -
(6) Employees of the school board.
(7) Judges and associate judges of the circuit courts,
general district courts and juvenile and domestic relations
district courts, and employees of such courts.
(8) Employees of social services.
(9) Employees of the agriculture department
compensated by the state.
(10) The general registrar.
(11) Employees of juvenile probation.
(12) Members of boards and commissions.
(13) Any individual whose relationship with the city
arises from or under any express contractual agreement to which
such individual is a party or whose position is created by such
contract.
Adopted this 5 day ofnovember 1984, by the
Council of the City of Virginia Beach, Virginia.
KJC/da
misc
10/31/84
11/15/84
November 5, 1984
-2-
- 31d -
AN ORDINANCE TO AUTHORIZE THE TRANSFER
OF APPROPRIATIONS AND ALLOCATE
POSITIONS FOR THE NEW CITY ORGANIZATION STRUCTURE
WHEREAS, the City Manager has proposed a new city organization
structure which requires the addition of positions for a Deputy City @tanager
for Development, an Assistant City Manager for Administration, an Assistant
City Manager for Human Services, and an Assistant City Manager for Analysis
and Evaluation, and
WHEREAS, the City Manager's FY 1985 budget message indicated
that $150,000 of the General Fund-Reserve for Contingencies was ear,,narked
for anticipated costs associated with the reorganization, and
WHEREAS, it is necessary tliat this sum be transferred from the
Reserve for Contingencies account in order for the City Manager to institute
the reorganization,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the City Manager is authorized to transfer funds as
necessary not to exceed $150,000 from the General Fund-Reserve for Contin-
gencies to institute the new city organization structure.
BE IT FURTHER ORDAINED that positions be created in the FY 1985
budget for tlie Deputy City Manager for Development, the Assistant City
Manager for Human Services and the Assistant City Manager for Analysis and
Evaluation in addition to the position for the Assistant City Manager for
Administration which is already a budgeted position.
Adopted by the Council of the City of Virginia Beach on the
Fifth day of November 19 84 -
November 5, 1984
KAR/2 ORD2
- 32 -
Item II-J.3
CONSENT AGENDA ITEM # 22750
Uon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to add Section 12-30 of the Code of the City of Virginia
Beach, Virginia, pertaining to FIRE DEPARTMENT RECORDS.
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 32a -
AN ORDINANCE To ADD SECTION 12-30
TO THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING M FIRE
DEPARTMENT RECORDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 12-30 of the Code of the City of Virginia
Beach, Virginia, pertaining to fire department records, is hereby
added and reads as follows:
Section 12-30. Authority of department to furnish copies of
records, and fees therefor.
(a) The department of fire protection is hereby
authorized to furnish photostatic copies of fire reports and to
allow fire reports to be viewed by proper persons.
(b) For the services mentioned in subsection (a)
above, the following fees shall be charged:
(1) Photostatic copy of fire incident report:
$3.00.
(2) Photostatic copy of fire inspection report:
$3.00.
(3) Pulling fire report to review only: $3.00.
Adopted this 5 day of 1984, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
9/27/84
(MISC.1)
November 5, 1984
- 33 -
Item ii-i.4
CONSENT AGENDA ITEM # 22751
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to transfer funds of $13,000 to the DEPARTMENT OF PUBLIC
WORKS for construction of a RAMP at the Beach for the physically handicapped.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 33a -
AN ORDINANCE TO TRANSFER FUNDS
OF $13,000 TO THE DEPARTMENT OF
PUBLIC WORKS FOR CONSTRUCTION OF
A RAMP AT THE BEACH FOR THE
PHYSICALLY HANDICAPPED
WHEREAS, the Department of Public Works has
reviewed and recommends a proposal to construct
a ramp that would provide access to the beach for
the physically handicapped, and
WHEREAS, the project also has the supdort of
the Mayor's Committee on the Handicapped, the
Endependence Center/Community Services Board, and
adjoining property owners, and
WHEREAS, a site at 17th Street has received
the most support for this effort and seems
appropriate because of its availability to public
restrooms and the municipal parking lot, and
WHEREAS, the estimated construction costs for
this project are $13,000 and funds are available
by transfer from the General Fund Reserve for
Contingencies.
NOW THEREPORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of
$13,000 be transferred from the General Fund Reserve
for Contingencies to the Department of Public Works
for construction of a ramp at the beach for the
physically handicapped.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on 5 day of November 1984.
November 5, 1984
- 34 -
Item II-J.5
CONSENT AGENDA ITEM # 22752
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to transfer funds of $505 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: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 34a -
AN ORDINANCE TO TRANSFER FUNDS OF
$505 FROM THE GENERAL FUND RESERVE
FOR CONTINGENCIES TO THE POLICE
DEPARTMENT FOR REII,'@BURSEIIENT OF
LEGAL EXPENSES INCURRED BY A
POLICE OFFICER IN THE PERFORTIANCE
OF IIIS DUTIES
WHEREAS, a Virginia Beach police officer was
charged with assault in the course of his duties, and
WHEREAS, the officer incurred legal fees of
$505 in preparing his defense, and
WHEREAS, the complainant withdrew the warrant
against the officer and the officer is seeking, from
the City, reimbursement of his legal fees in
accordance with Section 15.1-131.6 of the Code of
Virginia, and
WIIEREAS, City Council considers tliis request
reasonable and proper.
NOW THEREFORE Bv- IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of
$505 be transferred from the General Fund Reserve for
Continqencies 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 5 day of November 1984.
November 5, 1984
- 35 -
Item II-J.6
CONSENT AGENDA ITEM # 22753
upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance authorizing the City Manager to execute an agreement for
HEALTH CONSULTING SERVICES and transferring funds of $31,650 for these services.
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 35a -
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO EXECUTE AN
AGREEMENT FOR HEALTH CONSULTING
SERVICES AND TRANSFERRING FUNDS
OF 031,650 FOR THESE 5ERVICES
WHEREAS, a co*mittes of city and *chool officials has
propared a request for proposal (RFP) seeking the **rvice&
of an independent consultant to assist the city and school
board with the exployes group health plan, and
WHEREAS, among the services to be provided by the
consultant are an analyze of the present health care programs,
development of the most coat effective programs to wast amployes
noeds, preparation of specifications for bidding the health
care programs, and evaluation of ail propooala, and
WHEREAS, based on the consultant proposals recoived, the
committee recommends that the firm of Johnson and Higgins be
selected as the con&ultant for the employee group health plan,
and
WHEREAS, :funda of 031.,650 are needed to employ the firm
,:bf@Johnson.-and Higgi" 'for thecity's share of the cost of the'.0
services, and
@ WHEREAS,'the,necosearlp@:f@nds are availabis :from the General
Fund Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Nonager is hereby authorized
to execute an agreement with the firm of Johnson and Higgins
for health consulting services baosd on their proposal.
BE IT FURTHER ORDAINED, that fund4 of 031,650 be transferred
from the General FuAd Reserve for Contingencies to provide for
the city's share of the cost for these servico*.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 5 day of November 19, 84
--- ............................ -------
November 5, 1984
- 36 -
Item II-J.7
CONSENT AGENDA ITEM # 22754
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to transfer $24,500 for the relocation of the ECONOMIC
DEVELOPMENT DEPARTMENT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
36a -
AN ORDINANCE TO TRANSFER
APPROPRIATIONS FOR THE KELOCATION
OF THE ECOMONIC DEVELOPt4ENT DEPARTMENT
WHEREAS, office space for the Administrative and Industrial
Development divisions of the Department of Economic Development has become
inadequate, and
WHEREAS, the reallocation of those divisions to leased office
space on Lynnhaven Parkway in the Oceana West Industrial Park will allow
them to function more efficiently and to better serve the City's economic
development program, and
WHEREAS, the relocation will require the expenditure of $24,500
for a commercial mover, office furniture, a telephone system, and the con-
struction of bookcases/storage spaces, and
WHEREAS, appropriations may be transferred within the FY
1984-1985 Operating Budget of the Department of Economic Development for
the relocation costs.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $24,500 be transferred within
the Department of Economic Development for the cost of relocating the
Administrative and Industrial Development Divisions offices.
Adopted by tlie Council of the City of Virginia Beach on the
5 day of November 19 84 .
November 5, 1984
- 37 -
Item II-J.8
CONSENT AGENDA ITEM # 22755
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
APPROVED an Ordinance, on FIRST READING, to transfer Capital Projects appro-
priations to provide for current needs of projects included in the preliminary
FY 1985-1989 CIP.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 37a -
AN ORDINANCE TO TRANSFER CAPITAL PROJECTS
APPROPRIATIONS TO PROVIDE FOR CURRENT NEEDS
OF PROJECTS INCLUDED IN THE PRELIMINARY
FY 1985-1989 CIP
WHEREAS, the preliminary FY 1985-FY 1989 Capital Improvement
Program details the City's capital project needs for the next five years,
and
WHEREAS, based on the most recent cost estimates from various
departments, there is a need to transfer existing appropriations to bring
current funds in line with current project needs as shown in the preliminary
CIP,
NOW, THEREFORE, BE IT ORDAINED BY THE OOUNCIL OF THE CITY OF
VIRGINIA BEACH that appropriations be transferred between capital projects
and from the liater and Sewer Reserve for Contingencies as enumerated below
to provide for current capital projects needs.
Project Class/Project Amount
Highway Projects
Transfer To:
2-804 North Beach Storm Drainage-Phase II + 1,184,106
2-806 Indian River Road-Phase 11 + 400,724
2-933 Lynnhaven Parkway-Phase VI + 780,000
Transfer From:
2-003 Lynnhaven Parkway-Holland Road
Intersection - 780,000
2-705 Bonney Road - 597,268
2-805 Kempsville Road-Phase I - 987,562
Net Change -0-
Water and Sewer Projects
Transfer To:
5-304 Small Line Improvements + 188,949
5-623 Columbus Street Pump Station #2 + 2,787
5-800 Virginia Beach Blvd. Main-Phase IIA + 858
5-959 Emergency Production Well-Suffolk + 60,848
5-960 Emergency Production Well-Isle of
Wright + 28,400
5-961 Emergency Production Well-
Southamption + 4,706
6-815 Infiltration, Tnflow, and
Rehabilitation + 760
6-903 Lynnhaven Colony + 164,883
6-924 County and Kempsville Connection to
HRSD + 100,000
6-930 Lynnhaven Acres + 5,000
November 5, 1984
- 37b -
Transfer From:
* @306 Water Distribution-75% - 164,081
* 6-315 Queen City - 1,385
* 6-316 Various Sewer Projects - 212,854
C 905 First Colonial Road - 1,139
Improvements to Site - 16,019
Water and Sewer Reserve for
Contingencies - 161,713
Net Change -0-
Active Project. Included in the preliminary CIP
Substantially Completed Project. T)oes not appear in the
preliminary CIP
Adopted by the Council of the City of Virginia Beach on the
day of 19-.
FIRST READING: November 5, 1984
SECOND READING:
November 5, 1984
RATS-16/ORDl-1,
ORDl-2
37c
m(D
o- 0
0
00 w :4
09
00
o,
m -00 co - o,
ba 00
w 00
a, w 00" 00 ol@@@eD
@ g a"Dg a, @ 0
)R8. - w -VV--
. . @: . 91
SID 00 OD
0. 0
a,
o. @00--
w 00 o00 o 10 a,
0. 4-OWN o, m
lb 0-
m m m m m m m m m m
November 5, 1984
- 38 -
Item II-J.9
CONSENT AGENDA ITEM # 22756
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
APPROVED an Ordinance, on FIRST READING, to appropriate funds of $864,280 to
the SCHOOL OPERATING FUND for the HEALTH INSURANCE PROGRAM.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 38a -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $664,280 TO THE SCHOOL OPERATING
FUND FOR THE HEALTH INSURANCE PROGRAM
WHEREAS, over the last few years City Council
has held constant the amount of the city employee
contribution in the health insurance program by
funding the health insurance deficits, and
WHEREAS, in FY1983-1984 the School Board r)assed
on to school employees the increased health insurance
costs by increasing employec contributions by a
total of $864,280, and
WHEREAS, as a result, the city's contribution to
the health insurance program per employee is greater
than the amount the school district contributes
per school employee, and
WHEREAS, it is the request of the School Board
that City Council apDroDriate a sum of $864,280 to
the School Operating Fund to bring in line the
amount contributed per school employee with the
amount contributed per city employee, and
WHEREAS, the necessary funds are available from
the General Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of
$864,280 be appropriated from the General Fund
Balance to the School Operating Fund for the School
Health Insurance Program.
This ordinance shall be effective from the
date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on - day of 1984.
PUBLI-- HEARING: November 5, 1984
FIRST READING: N@vprnhpr 5- 1984
SECOND READING:
- 39 -
Item II-J.10
CONSENT AGENDA ITEM # 22757
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
APPROVED an Ordinance, on FIRST READING, to appropriate funds of $71,868 for
the FEDERAL FOOD STAMP EMPLOYMENT SERVICE PROGRAM.
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 C. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 39a
AN ORDINANCE TO APPROPPIAT9
FUND* OF 071,8q8 FC)R T"E
FEDERAL FOOD @tamp empi.OYMONT
ZERVICE P@OGRAM
WHEREAS, the Dqpai7t*ent of Vocial Services has been
notifigd that the Federal FooO Stamp Emplpympnt 5orvice
Program will be extended from October 1, 1984 through
Juns aO, 1985, and
WHEREAS, thia program is funded in the PY 84-65
Operating Budget for ooly three mqnth*, and
WHEREAS, in order to continue thle program to thp
and of the year an additional,appr@priation of $71,860
is n4eded, and
WHPRVA,9, the *4ditional appropri4tion will provide for
and fr*nge benefits for three socidl workers apd
two clerical positions, and
WHgREA.5. the city will be roimbursed at the r*te of
.100k for all expenditures relating to this program,
NOW,,THEREFOIIE,, BE IT C)RDAINED BY 'rHE COUNCIL OF TliE
CITY OF VIRGINIA @EACH that fuhdo of V7X,4168 are horeoy appropriated
to the Department of @cial Servcces Xor salaries and fringe
benefitr. relate4 to the continuation through June SOO 19" of
the Federal Food $tamp E*ployment Service PrQgFam,
BE IT FURTHER ORDAINED that EbtlmatoO Revenoeo from the
Federal Government be increased by 071,660 to findnCI3 the
appropriation.
AdpptoO by tho Council of the City of V*rginin Bpach
on the ____@_day of @_@ --------------------------
First Readihj:__- November 5,-1984 -----------------
togond Rapding: --------------------------------
November 5, 1984
- 40 -
Item II-J.11
CONSENT AGENDA ITEM # 22758
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
APPROVED an Ordinance, on FIRST READING, to accept and appropriate $36,341.00
from the SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 40a -
AN ORDINANCE TO ACCEPT AND
APPROP FUNDS FROM TTIE
SO VIRGINIA AREAWIDE
MODEL P (S
WHEREAS, the Department of Health has detennlned a rip-ed to continue
providing for the health related problems of elderly individuals, and
, the Departnient of Mental Health and Mental Retardation (M/MR)
has determiried a need to cc)ntinue providing teniporary substitute care for
elderly individuals while their family rs are absent, and
WHEREAS, the SEVAMP has awarded the Department of Health $38,398.00 and
the Departmnt of NH/MR $26,345.00 to provide their above respective services, and
, City Council has already included $28,402.00 for the Depar @ nt
of Health in the FY 84-85 operating budget.
NOW, RE, BE IT 0 BY THE COLNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to accept the
award and enter into the necessary contractual agreements for the city: Funds are
hereby appropriated in the amount of $9,996.00 for the Department of Health and
$26,345.00 for the Departnient of Mental Health and Mental Retardation.
BE IT F 0 that the apprcpriations will be financed by
$36,341.00 estimated revenue fran SEVAMP.
FIRST READING: November 5, 1984
SEODND READING:
November 5, 1984
- 41 -
Item II-J.12
CONSENT AGENDA ITEM # 22759
Uon motion by Councilman Baum, seconded by Councilwoman Creech, City Concil
ADOPTED an Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Lynnhaven Road, to LYNNHAVEN MALL ASSOCIATES, its
assigns and successors in ti.tle.
This Ecnroachment shall be subject to tbe following conditions:
1. This encroachment shall be constructed in accordance
with City specifications.
2. This encroachment shall terminate upon notice by the
City within 60 days.
3. The applicant shall hold the City harmless of any
liability as a result of this encroachment.
4. This encroachment shall not be in effect until an
agreement is executed encompassing the above conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 41a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF LYNNHAVEN ROAD, TO
LYNNHAVEN MALL ASSOCIATES, 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 Lynnhaven Mall Associates, 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
Lynnhaven Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining an irrigation
system 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
Lynnhaven Road as shown on that certain
plat entitled: "Lynnhaven Mall, 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 Lynnhaven Mall Associates, its
assigns and successors in title and within sixty (60) days after
such notice is given, said encroachment shall be removed from the
November 5, 1984
- 41b -
City right-of-way of Lynnhaven Road by the Lynnhaven Mall
Associates and that the Lynnhaven Mall Associates, its assigns
and successors in title shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Lynnhaven Mall Associates, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Lynnhaven Mall Associates 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 5 day of November I 9 84
MES/re
9/2 5/8 4
(29H)
AS TO F-!:,rM
"GNATURE
CITY ATT()RNIFY
November 5, 1984
41c
920
Itr i I I lit:
L
November 5, 1984
- 42 -
Item II-J.13
CONSENT AGENDA ITEM # 22760
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance appointing viewers in the petition of MITCHELL L. DUNBAR
and LINDA S. DUNBAR for the closure of a portion of MAYNARD AVENUE (Kempsville
Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council MeTnbers Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 42a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, mitchell L. Dunbar and Linda S. Dunbar have
given due and proper notice, in accordance with the statutes for
such cases made and provided that they will on the 5th day of
November, 1984, apply to the City Council of the City of Virginia
Beach, virginia, for the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said viewers, any, and if any, what,
inconvenience would result from the discontinuance of the herein-
after described portion of that certain street of variable width,
and have filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal , and C. Oral Lambert, Jr.
are hereby appointed to view the below-described property and
report in writing to the Council, as soon as possible, whether in
their opinion any, and if any, what, inconvenience would result
in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
Beginning at a point on the North right-of-way
of Maynard Avenue at the dividing line between
lots 10 and 11, "Plat of Euclid Place - Suburb
of Norfolk, Virginia", recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, in Map Book 4, at pages 62 and
63; thence running along the North line of
Maynard Avenue North 75@ 24' 28" East a
CLARK STANT, P.C. distance of 189.01 feet to a point; and thence
running South 31@ 391 54" East a distance of
November 5, 1984
- 42b -
31.38 feet; and thence South on Maynard Avenue
South 75' 241 28" West a distance of 210.29
feet; and thence North 7- 19, 7 " East a
distance of 3 2 . 34 feet to the point of
beginning.
All of the above as shown upon that certain plat
entitled, "Plat showing Portion of Maynard Avenue to be Closed,
Bayside Borough, virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforesaid described
street.
gs.a
oap.mld.c
ADOPTED: November 5, 1984
CLARK SRANT, P.C.
2
November 5, 1984
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS MAYNARD AVENUE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT OF PORTION OF MAYNARD AVENUE TO BE
CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA,,' WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMDERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, Mitchell L. Dunbar and Linda S. Dun-
bar, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioners apply
for the vacating, closing and discontinuance of a portion of that
@certain street, which is more specifically described as follows:
Beginning at a point on the North right-of-way
of Maynard Avenue at the dividing line between
lots 10 and 11, "Plat of Euclid Place - Suburb
of Norfolk, Virginia", recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, in Map Book 4, at pages 62 and
63; thence running along the North line of
Maynard Avenue North 75* 24' 28" East a
distance of 189.01 feet to a point; and thence
running South 31* 391 5411 East a distance of
31.38 feet; and thence South on Maynard Avenue
south 751 241 2811 West a distance of 210.29
feet; and thence North 71 191 7" East a dis-
tance of 32.34 feet to the point of beginning.
Said parcel of land being a portion of Maynard Avenue,
as indicated on that certain plat entitled "Plat showing Portion
of Maynard Avenue to be Closed, Bayside Borough, Virginia Beach,
Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the afore-
described street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
CLARK & STANT, P.C.
street; and the Petitioners pray that this Honorable Council
I
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the _ day of , 1984, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 21st day of October, 1984 and on the
28th day of October, 1984, notice of the presenting of this
application was published in the Beacon, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land alonq and
adjacent to and affected by said portion of the platted street
are your Petitioners herein, Mitchell L. Dunbar and Linda S. Dun-
@bar, P.O. Box 61918, Virginia Beach, Virginia 23462, R. E. Town-
@send Estate and the City of Virginia Beach.
Respectfully submitted,
MITCHELL L. DUNBAR and
LINDA,S. DUNBAR
B,@
Of Counsei
Gerard T. Schafer, Esquire
CLARK & STANT, P.C.
900 Sovran Bank Buildinq
One Columbus Center
Virginia Beach, Virginia 23462
(804) 499-8800
gs.a
p.mld.c
CLARK STAN-R, P.C.
2
CLAP,K & STANT, P. C.
ATTORNEYS AND COUNSELORS Al LA@'
10 ANN BL@IR ... @O@R@N BA.K BUIM@G LRARD T. SCHAFER
5TEPHI@N W'. BURKE @RL SCHV@AR@, nl
DONALD H. CIARK O.E COLUMBUI CE@TER THO@15 B. 5HITTLEV'OKTH
THO@5 R. FRANTZ. VIRCINIA BEACH,VIPC]NiA 23412 THOI@ U. @NYDER
@P,EIOR)' A. CIORDANO FREDERICK T. STANT, rii
ROBERI 1. HADDAD I.H. TYLER IT@T
MICH@EL B. H@A. 5TEP.E@ C. @.AIN
ERIC A. HA@IER TIL@C.@IEK:(.1.)
Ll.UGLAS E. "@iLf T@LE.: I FREDERICK T. ST.INT, JR.
@RY KEATIN@
ROBERT C. @IORECOCK .1 I.-IEI
ROBI,RT @l@ REEL@
R@IBERI E. RULIIFF .11@ l@Ll NI,
CERTIFICATE OF VESTING OF TITLE
I, Gerard T. Schafer, attorney for Mitchell L. Dunbar
and Linda S. Dunbar, do hereby certify that (1) I am an attorney
at law and represent Mitchell L. Dunbar and Linda S. Dunbar,
the Petitioners, (2) that 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 Marvin C. Overcash and Peter A. Agelas-lo, 111, Executors of
the Estate of Elizabeth T. Overcash. Said property referred
to herein is hereby described as follows:
Beginning at a point on the North right-of-way
of Maynard Avenue at the dividing line between
Lots 10 and 11, "Plat of Euclid Place - Suburb
of Norfolk, Virginia", recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, in Map Book 4, at pages 62 and
63; thence running along the North line of
Maynard Avenue North 751 241 2811 East a
distance of 189.01 feet to a point; and thence
running South 31* 391 54" East a distance of
31.38 feet; and thence South on Maynard Avenue
South 751 241 28" West a distance of 210.29
feet; and thence North 70 191 711 East a dis-
tance of 32.34 feet to the point of beginning.
- 43 -
Item II-J.14
CONSENT AGENDA ITEM # 22761
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance appointing viewers in the petition of HOLLAND OFICE PARK
ASSOCIATES and R. G. MOORE BUILDING CORPORATION for the closure of a portion
of BRANKSOME DRIVE (Kempsville Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 43a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Holland Office Park Associates and R. G. @loore
Building Corp. have given proper notice, in accordance with the
statutes for such cases made and provided that they will on the
5th day of November, 1984, apply to the City Council of the City
of Virginia Beach, Virginia for the appointment of Viewers to
view the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, what incon-
venience, if any, would result from the discontinuance of the
hereinafter described portion of that certain street, and have
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scott, David M. Grochmal
and C. Oral Lambert, Jr.
are hereby appointed to view the below described property and
report in writing to the Council, as soon as possible, whether in
their opinion, what inconvenience, if any, would result in the
discontinuing and vacating of a portion of that certain street
located in the City of Virginia Beach, Virginia, and more par-
ticularly described as follows:
That portion of Branksome Drive (formerly
Alease Drive) as shown on the plat entitled
"Subdivision of a Portion of the Estate of
Hugh E. Owens, Sr., Kempsville Borough, Virgi-
nia Beach, Virginia" as shown in Map Book 124,
at page 17, beginning at a point being the
intersection of the Southern riqht of way line
of Branksome Drive and the Northerly corner of
Parcel A, 3 . 7 0 6Acres); thence from said
point of beqinning running in a Northeasterly
direction of North 42100100" East a distance
of 61.85 feet to a point which is the South-
western corner of Parcel B, (5.306 Acres);
thence runninq along the Northern right of way
line of Branksome Drive South 62'04'30" East a
distance of 64.88 feet to a point; thence con-
tinuing along said right of way line and
following a curve to the right having a radius
of 810.00 feet and a distance of 199.28 feet
to a point; thence turning and running along
the southern right of way line of Branksome
Drive South 42101116" West a distance of 60.00
feet to a point; thence turning and running
along the Southern right of way of Branksome
Drive and following a curve to the left having
a radius of 750.00 feet and a distance 184.52
feet to a point; thence continuing along said
Southern right of way line of Branksome Drive
Nortli 62@04'30" West a distance of 79.92 feet
November 5 1984
- 43b -
to said point of beginning. (Portion of
Branksome Drive, formerly Alease Drive, to be
closed consisting of 0.364 Acres)
All the above as shown upon that certain plat entitled
"Plat Showing a Portion of Branksome Drive to be Closed, Kemps-
ville Borougli, Virginia Beach, Virginia", which plat is attached
hereto and maci,- a part hereof and intended to be recorded with
the Ordinance closing the aforedescribed street.
ADOPTED: November 5, 1984
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CFRTAIN STREET, KNOWN, AS BRANKSOME DRIVE, AS SHOWN UPOti
THAT CERTAIN PLAT ENTITLED " PLAT SHOWING A PORTION OF BRANKSOME
DRIVE TO BE CLOSED" AS SHOtqN ON "SUBDIVISION OF A PORTION OF THE
ESTATE OF HUGH E. OWENS, SR., KEMPSVILLE BOROEJGH, VIRGINIA BEACH,
VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Holland Office Park Associates and R.G.
Moore Building Corp., respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioners apply
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
That portion of Branksome Drive (formerly
Alease Drive) as shown on the plat entitled
"Subdivision of a Portion of the Estate of
Hugh E. Owens, Sr., Kempsville Borough, Virgi-
nia Beach, Virginia" as shown in Map Book 124,
at page 17, beginning at a point being the
intersection of the Southern right of way line
of Branksome Drive and the Northerly corner of
Parcel A, (3.706 Acres); thence from said
point of beginning running in a Northeasterly
direction of North 42100100" East a distance
of 61.85 feet to a point which is the South-
western corner of Parcel B, (5.306 Acres);
thence running along the Northern right of way
line of Branksome Drive South 62*04130" East a
distance of 64.88 feet to a point; thence con-
tinuing along said right of way line and
followinq a curve to the right having a radius
of 810.00 feet and a distance of 199.28 feet
to a point; thence turning and running alonq
the southern right of way line of Branksome
Drive South 42*01116" West a distance of 60.00
feet to a point; thence turning and running
along the Southern right of way of Branksome
Drive and following a curve to the left having
a radius of 750.00 feet and a distance 184.52
feet to a point; thence continuinq along said
Southern right of way line of Branksome Drive
North 62104'30" tqest a distance of 79.92 feet
to said point of beginning. (Portion of
Branksome Drive, formerly Alease Drive, to be
closed consisting of 0.364 Acres)
Said parcel of land being a portion of Branksome Drive,
as indicated on that certain plat entitled "Plat Showing A Por-
tion of Branksome Drive To Be Closed", as shown on "Subdivision
of a Portion of The Estate of Hugh E. Ownes, Sr., Kempsville
Borough, Virginia Beach, Virginia", which plat is attached hereto
and made a part hereof and intended to be recorded with the ordi-
nance closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reasori of said closing, vacation, and discontinuance of said
street; and the Petition prays tllat this Honorable Council
appoint viewers as L)rovided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the _ day of 1 1984, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 22nd day of October, 1984, and on the
29th day of October, 1984, notice of the presenting of this
application was published in the Virginian Pilot, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of the land along the
sotithwest and northeast portions of the platted street are your
Petitioners herein, Holland office Park Associates and R. G.
Moor,- Building Corp., 4480 Holland Office Park, Suite 225,
Virginia Beach, Virginia 23452.
Respectfully submitted,
HOLLAND OF and
R. G. MO
By:
co@g-L
Robert E. Ruloff
CLARK & STANT, P.C.
One Columbus Center
900 Sovran Bank Building
Virginia Beach, Virginia 23462
(804) 499-8800
CLARK 8 STANT, P. C.
AT-rORNEYS AND COUNSELO@ AT LAW
10 AN. BLAIR 900 SOI@ BANK BUILDING CER.ARD T. SCHAFER
STEPHEN W. BURKE KARL SCHWAPTZ, nl
DONALD H. CLARK ONE COLU.BUS CE@R 'rHOMA5 B. 5HLTrTLEWORTH
@O@5 FL. FRANTZ VIRGINIA BEACH,VIRGINIA 23462 THOMAS E. SNYDER
rRECORY A. GIORDANO FREDERICK T. STANT, M
ROBEP.T 1. HADDAD JOHN TYLER STANT
MICFiAEL B. HAMAR TE@EPHONE: (8-) .99-88-- STEPFIEN C. SWAIN
ERIC A. @USER TELECOPIER: (B-) @3-03.5
DOUGLA5 E. @HLE @LEX: 7108.@93@2 FREDERICK T. STANT, JR.
@RY KEATING
.F C.@.@@L
ROBERT C. MORECOCK
ROBERT M.REE.
ROBERT E. RULOFF FIL@
CERTIFICATE OF VESTING OF TITLE
I, Robert E. Ruloff , attorney for Holland Off ice Park
Associates and R. G. Moore Building Corp., do hereby certify that:
1. I am an attorney at law and represent Holland
Office Park Associates and R. G. Moore Building Corp., the Peti-
tioners.
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 Holland Office
Park Associates and R. G. Moore Building Corp., the adjacent
landowners; in fee simple ownership.
The said property referred to herein is hereby described
as follows:
That portion of Branksome Drive (formerly
Alease Drive) as shown on the plat entitled
"Subdivision of a Portion of the Estate of
Hugh E. Owens, Sr., Kempsville Borough,
Virginia Beach, Virginia" as shown in Map Book
124, at page 17, beginning at a point being
the intersection of the Southern right of way
line of Branksome Drive and the Northerly
corner of Parcel A, (3.706 Acres); thence from
said point of beginiling running in a North-
easterly direction of North 42100100" East a
distance of 61.85 feet to a point which is the
Southwestern corner of Parcel B, (5.306 Acres);
thence running along the Northern right of way
line of Branksome Drive South 62104'30" East a
distance of 64.88 feet to a point; thence con-
tinuing along said right of way line and
following a curve to the right having a radius
CLAP,K F6 STANT, P. C.
of 810.00 feet and a distance of 199.28 feet
to a point; thence turning and running alonq
the southern right of way line of Branksome
Drive South 42*01,16- West a distance of 60.00
feet to a point; thence turning and running
along the Southern right of way of Branksome
Drive and following a curve to the left having
a radius of 750.00 feet and a distance 184.52
feet to a point; thence continuing along said
Southern right of way line of Branksome Drive
North 6200413011 west a distance of 79.92 feet
to said point of beginning. (Portion of
Branksome Drive, formerly Alease Drive, to be
closed consisting of 0.364 Acr
o r, E p uloff
Subscribed and .r. 0before me this
day of October, 1984.
Notary Public
My commission Expires:
CURVE DATA
NQI RADIU3 DELTA TANGENT ARC
I 810.00' 14'-05'-4e 100. 15' ::9
Z 750 00. @2
14--05' 46' 97..73'
z i
13 ZO' PERMANENT DRA114AGE EASEMENT_
CD (M,S@ 124, P 17) Now or Formerly
PARCEL B LUKE CONSTRUCTION COMPANY, INC.
3. CO . (M.lk Ill P. 52)(0.9.1350,P Z74)
0 (M.S. 124 , P. 17) (D.R 1074, P 658)
zw F,
d
7
@20'PERMANENT ORAINAGE EASEMENT TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH,VIRGINIA
Now or Formerly
NKSOME EXPRESSWAY CONST CO.
(M.B.111,P.4eA,49A,52)
DRIVE TO K CLOSED (M.S. 107, P, 54)
0.364 ACRE
@(D PARCEL A
tkt& 124, P. 17)
Ea
14ow or Formerly w
HOLLAND OFFICE PARK >
ASSOCIATES -o Ix
(0.9. 1995, P. T79)
.w
Zz
0
d
z
w
N 47'- 49'- 39' W 257. 53'
HOLLAND ROAD
(V(iriable Width)
PLAT SHOWING
A PORTION OF BRANKSOME DRIVE TO BE CLOSED
KEMPSVILLE BOROUGH - VIRGINIA BEACH,VIRGINIA
SCALE-: l" =.ioo' AUGUST,1984
JOHN E. SIRINE AND ASSOCIATES, LTD.
SURVEYORS-ENGINEERS-PLANNERS
VIRGINIA BEACH,VIRGINIA
0 50 100 200 300 400 FEET
GRAPHIC SCALE
- 44 -
Item II-J.15
CONSENT AGENDA ITEM # 22762
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance appointing viewers in the petition of W. TAYLOR JOHNSON,
JR., FOR THE ESTATE OF W. TAYLOR JOHNSON, SR., for the closure of an UNNAMED
30-FOOT LANE (Lynnhaven Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
44a
OPDINANCE APPOINTING VIEWERS
WHEREAS, the Estate of W. Taylor Johnson, Sr. by W. Taylor
Johnson, Jr. , Trustee, has given due and proper notice, in
accordance with the statutes for such cases made and provided
that he will on November 5, 1984, apply to the City Council of
the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said Viewers,
and, and if any, what inconvenience would result from the dis-
continuance of the hereinafter described street, and has filed
such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT t. David M. Grochmal
C. oral Lambert, Jr. and
are hereby appointed to view the below described property and
report in writing to the Council, as soon as possible, whether in
their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of that certain street located
in the City of Virginia Beach, Virginia, and more particularly
described as follows:
ALL TIIAT certain 30' Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and being more
particularly described az 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"; and
from said point of beginning thence N 031 381 00" E
147.3' to a point; thence along a curve to the left
with a radius of 50' an arc distance of 283.64' 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 beginning.
November 5, 1984
44a
All the above as shown upon 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 plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the afore-described street.
ADOPTED: November 5, 1984
November 5, 1984
2
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN
STREET, KNOWN AS 30' LANE (UNNAMED), AS SHOWN UPON THAT CERTAIN
PHYSICAI, 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, CAVAI,IER PARK",
VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF TIIE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, the Estate of W. Taylor Johnson, Sr. by W.
Taylor Johnson, Jr., Trustee, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of that certain street,
which is more specifically 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 thence 14 031 381 00" E
147.3' to a point; therice along a curve to the left
with a radius of 50' an arc distance of 283.64' to a
point on the west side of the said 30' Lane; thence S
031 381 00" W 147.24' 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 beginning.
Said parcel of land being that certain 30' Lane (Unnamed),
cul-de-sac and round traffic island, as indicated 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",
which physical survey is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforesaid street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint Viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the llth day of December, 1984, as to whether in the
opinion of said Viewers, what inconvenience, if any, would result
from the discontinuance and closing of the said street, as herein
reported and described.
3. That on October 23, 1984, and on October 30, 1984,
notice of the presenting of this application was published in the
Beacon, a newspaper of general circulation, in the City of
Virginia Beach, Virginia.
4. That the fee simple owner of all land along and adjacent
to and affected by said platted lane is your Petitioner herein,
the Estate of W. Taylor Jobnson, Sr. by W. Taylor Johnson, Jr.,
Trustee, 141 Business Park Drive, Virginia Beach, Virginia.
Respectfully submitted,
ESTATE OF W. TAYLOR JOHNSON, SR.
B@ 'I
Wk Taylor J(Nhnson, Jf7., Trustee
2
ATTORNEY AND COUNSELLOR AT LAW
.I.. VIR.INIA
VIRGINIA BEACH, VIRGINIA 23452
340-0500
('1@R'I'-I.FICATE OF VESTING OF TITLE
@,k,pLeiiil)c,r 4, 1984
'-Vhe llanoribl.e City Council
Ci.t.y o( klirgi-nia B(2Eicii
t,'Iuyii.cip@i.1 CeritLr
Vii:gini,i Bez,,c.,h, Virginia 23456
Dezir Meinbers of City Cotincil:
1, Bruce B. ttills, attorney for the Estate of Vi. Tayl(ir
Johnson, Sr., do hereby certify that:
1. -.1 iiii ,ii-i ItL-()]-Ilcy It law iilcl represent tlic@ r,,'stito of W.
1101111',;Ull, ttirl-cl)u OWII(!@L' Of tl)L' Pi-operty;
2. If tli(-, IlropLrty descrii)cd bc@.low is discontinuld, closed
@iiiki vicated by Lhe Council of the City of Virginia Beacli, Virginia,
Lli(,ti Liltl.c@ Lo qaic'l property wil.1 vest iii LIIL@ Lstate of W. TIylor
Johnson, Sr. the hol.der of the underlying fee in said property.
That the Estate of W. Taylor Johnson, Sr. owns of record all land
adjacent to the area to be closed.
The said property referred to hereiri is hereby described as
follows:
ALL THAT certain 30' Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and being more
particularly described as follows: Beginning at a
poiiiL :Ln the southwest corner of Lot 96 as shown on
tliat cortai.n pliysicil. 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
froin said point of begi-nning theilce N 03@ 38' 00" E
147.3' to a poirit; thence along a curve to the left
with a radius of 50' an arc distance of 283.641 to a
point on the @vest side of the said 30' Lane; thence S
031 381 0011 w 147,241 to a point on the north side of
Bay Colony Dri.ve; thence 4-n an easterly direction 30
feet, more or less, along the north side of Bay Colony
Lo Llic,. poli)L c)f bcigi nni.ng.
Y'Oijr's very truly,,
@'B ritice B. Oil-is'
- 45 -
Item II-J.16
CONSENT AGENDA ITEM # 22763
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
APPROVED the following Low Bids:
Low Bid of ASPHALT ROADS AND MATERIALS COMPANY, INC., in the
amount of $1,261,075.30, for the MILL DAM COMMUNITY IMPROVEMENTS,
CONTRACT I;
Low Bid of LUKE CONSTRUCTION COMPANY, INC., in the amount of
$138,800.00 for the MILL DAM COMMUNITY IMPROVEMENTS, CONTRACT II;
(CIP 6-831, 5-834, and 2-947)
AND,
Authorized the City Manager to enter into the necessary agreements
for the implementation of these projects.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 46 -
Item II-J.17
CONSENT AGENDA ITEM # 22764
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing the City Manager to execute
a Deed of Reversion from the City of Virginia Beach to S.A.S. ASSOCLATES
for a Pump Station Site that is no longer used by the City of Virginia
Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A DEED OF REVERSION FROM THE
CITY OF VIRGINIA BEACH TO S.A.S.
ASSOCIATES FOR A PUMP STATION SITE THAT
IS NO LONGER USED BY THE CITY OF
VIRGINIA BEACH
WHEREAS, on December 12, 1981, S.A.S. Associates
conveyed to the City of Virginia Beach a Deed of Dedication for a
pump station site (Site), said Deed having been recorded in the
Circuit Court Clerk's Office of the City of Virginia Beach in
Deed Book 2187, at Page 1379, a copy of said Deed attached as
Exhibit A; and
WHEREAS, that Deed specified that if the City of
Virginia Beach should cease to operate the sewer pump station
located on the Site, that property would revert to S.A.S.
Associates; and
WHEREAS, on or about August 10, 1984, the City of
Virginia Beach activated the Bonney's Corner Sewage Pump Station,
which diverted the sewage flows from the Site to the Bonney's
Corner Sewage Pump Station; and
WHEREAS, by this act, the Site has reverted to S.A.S.
Associates and should be conveyed to them by the Deed of
Reversion, a copy of said Deed of Reversion attached as Exhibit
B;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to execute the
attached Deed of Reversion conveying the Site from the City of
Virginia Beach to S.A.S. Associates.
Adopted by the Council of the City of Virginia Beach,
Virginia, on November 5 1984.
misci
KJC/da
9/1 2/8 4
9/1 3/8 4
1 0/3/8 4
November 5, 1984
-TXHI@IT A
I( 2 1 3
'l,l]IS 01.' ii)tide tliis 3.2@li dity or
l@)Y iiiici I)c@tvv(@eii Associatos, ii Virfriiiiii troilei-al partilevslilp,
I)arty of tlio fil-St pai,t, aiicl tlie City of Virgiiiia Beach, Vivgin-.a, a
I\/Iilllit!il)ill (@ol' J)ol'IIt loil ill (1)(@ ('!Oflllllollw(@liltli 01' Vii'L?,.illiil, Ptll!ty of tlie
vv I 11, iq l@ s s 17 11, I l;
IVIII,,Itl',AS, tiie pLti,Ly uf ti@e SOCOII(L PUL,T dcsii,CS CCL-LUill PI'OPCVty
@il)oWll oil 41 I)Ili( L@iiLitte(i "StiL)Llivi.,;ioji of S.A.S. lli,ol)L!i,y" foi- iise tis a
ptjiiii) stittioti and foi- tlle bejicfit of '1110 gCIIL,,I'al PLibliL, aild call acquive
tli(! SkII)jocL 1)1'0])L@i-Ly t)Y (@Oll(lollijiittioii 4iii(I by tile, exci-eisl of tlic l@)OW(@i, of
cillilliiiiiiit (loilittill; Lilicl
WTIElti?AS, tlie piivty or tile first part is williiig to vollillti),.ily
coilLi,il)tltc, ttiid (joii[ite Llic 1)1'01?L@i,ty Col)VLY(,-(l
Lo Llic L)III'ty of tile SOCUI)(I pai,t ill li(ILI of coiidciiiii,,itioli Pt-OCCO(Jilic...s pi-i-
iiiai@ily fur Llie bl@iiefit uf tlie golici-ill public.
NOW TIlEftr-FOIIL, iii coiisidet,atioii of the proinises, ttic pal-ty of
tlle fiest part does liereby graii.t, dedicate, transfer alid convey unto tlie
party of tlie secojid part, witli GoneriLl Warvaiity alid Fnglisil Coveiiniits of
Title, the followiilg described property, to-wit;
ALL 'I'IIA'P certiiiii parcel of ILiiid, witli t)ie iinprove-
iiielits t[ici,ooli, l(i)owji, iiiiinbei-ed aild desigiiatod as
"Puilip St@itioll Sitoll oii ti)tit c(@rttiiii plat clititled
"Subdivisioii of S.A.S. l',,operty", niade by Basgier &
Associates, aProfessioiial Corporation, Con@ulting
Eiigineers, Su,,voyors and Planncrs, said plat being
recoi-ded iii tlio Cl(,i,l@'s Office of tlle Cil-ciiit Cotil,t
of tjle City of Vil-l@l-iiiiti Beacli, Vii-p-iiiia ill, IvIap Bool@
152, at Page 54.
I'P 13EING piti,t of Llie saiiic pi,operty conveyed to tlle
party of tlie fii,st part by deed of S.B.R.C.
A,@sociates, aVii-giiiia geiieval pai-tiiership, recoi,ded
iii I)ee(:] 13c)ol< 21.32 itt P,,It,,e 20, in tile Office of @lie
Clc@L.I< of Llie Cil,cuiL Coul-t of tlie City of Vii-ginia
Beach, Virg-iiiia.
is iiiadc expi-essly subject to tlio cojiditions,
ii @l i i (:i i, L,.,4 (ii. vtt t i oiis ,;et foi,tli iii dtily i,eco:,.A-@
cl cecls, plats and otilei, iiisti, Lillielits constitutiiig coilsti,uctivo notice in
11 litn II of, titl(,. t(-) 'ti,,[? !)I,t)[)Cl,ty 1'.0,1,01)y CO!'IVOY('Ll lill@tc: I iL)@
!,Iy oi, becoiiie iiiof-
1 3 0
t@!l) @l II c L" illicl 1- k,-v 01- d ti L i oil llc!i, (@or, tlil I,)ttL, ty of ti@.@ secoild
@.1 1)@ S()IOly @IL)SPoiisiUlo l'ui- tlil iiiiiijiLLiittiiL(, tilid
ul)(,i,ittioii of LliL, sewol, I)tillll) st@itioii ivliicll coiistjttit(,,s tlio iiiiprovuifl'?nt
L-iii,i,ciiLly coiisti-ticte(I oii tlie tibove desci,il)ed i)ropei,ty, for suell pel-iod
of, (illl(! it@; (lit@ I)IIi,ty of' tll(@ ',(@011(i [)Ili't tii)l)l-OPI.iutc
I'oi, tjic, I-)Qlici,it c@t' tile pul)]iL-; liowever, slid obligation shall
liot Lliltil Wl)iCil tillic illi tiecess l'otid to tlio pvopli,ty described
IIL@i,ciii itecei)t@ible to tlie [)&i,ty of Llie secoiid pttvt sliall be coiiiolcted.
Iii tll(! (!Voilt ililit til@- [)Iii-LY of tllc secoiicl I)tll,t ecascs to upei,itte tilid
llllljllttlill tilo SLibjLct SCWCI- I)IIIIIP statioli, tile PPOPCI-ty IICL-Cill cojiveyed
silitil i-evei-t to tlic 1)1'1,ty of tilo f@i,1/2;t Pill't.
WI'I'NII.SS Llic fulluwiii@ sigiitittives itild souls-,
S.A.S. ASSOCIATI@S,
a Vii-giiiiii geiici,al pai,tners)iip
Ily (.3 L@ L)
General Ilat,tiiei,
OLPARTIVILN I
By (SEAL)
Ai,tliui, B-Sandlei,, Geiiei,ul llartjier
YkPPROVr-D AS TO FCf,']Vl
5IGNATURC CITY OF VIRGINIA BEACH,
Cil'Y A'IlOf@14EY U MLI Col-L)Ol'iltioii
By (SEAL)
<[ -i;y manager
STATI?, OF VIRGINIA
CI'I'Y OF VIRGINIA BLIACII, to-wit;
1, tlie uii(]Li,sigiled, Li Notai-y Public iii Rild fop tlie City aiid
State aforesaid, do liei-3by cei,tify that Steveii B. Sandler aiid Ariliui, 13.
Sitiiclloi-, Geiiei,t.,l I'Lit-Liicrs uf S.A.S. I%ssociates, wliose ]lailies ill-e sigile(i
to tiie foregoiiig Deed of Dedication, have aclcnowledged tile same before
-iy C)f
tilis d,
GIVEQ uiider iiy iiliiid, Liiis day of /111,
Notai,y I
2
"I PG
01-' VfltCi'i',@IA ill'ACIT, t()-@vit;
@i Niliti,y tltiblic iii liil(j fol- tile City and
11(@l'(!t)Y (,'Ci'tify tillit ('J.';OIIGL' I.,. IIANf3URY, CiLy Manager
i l@II) IL' i@; t L) (110 go i l19 I)LL(I ()f Ucdic@itioii, Iiiis
I ' 3ti,i tj ZLIILIZII7 1982
tlio L,(,I'ot.e. tlli!, .1 (I y of i y
GIVI"N lifidei' itly likiii(,I, tliis 13tli dtiy of iLaiLi@y
Notai,y PtibirL
My Colillilissioll exi)il.L@s: 4/30/82
D.i U.29.(,
.,FV
................
EXHIBIT B
017 ilEVI?IISION
01@7 iti@Vf@ITSION iiiaic tilis day of Septeinber,
L!Il@,l L)y itiict bltwceii tile City of Vii-ginia Beach, Virgillia, a municipal
iii Liie COillilIL)IIWLItltll ol' Vii-ginia, 1)111,ty 01' tile fil,:3t part und
S.jk.S. Associites, a Vii-Lyillia general partnership, ptirty of the se(lond
W I 'r N E 8 S E T Ii
WTI]7,111?,AS, tlie party of the first part did obtain fee siinple
owriol-.@iiiip of the below-des(,,Pibed real property by Deed of Dedication
(ilitoti I)OLolilli(,v 12, 1981 tind recorded in the Clerl@'s Offioe uf the
(,'il'CLIiL ur Lli(,, city or vii-gitiia licticii, iii i)ecd l@uul( 2187, Ut IlugL
1:17@); und
WIIPI'Itl-@AS, the said I)eed uf I)edication provided tliat "iti tile
L,Vellt that tile party of the second part [the City of Virgiiiia Beach]
ceuses to operate and inaintain the subjeet sewer pump station, the pro-
perty herein @onveyed shtill revet-t to the party of the first puvt
[S.A.S. Associates]"; and
WI-IEREAS, tiie parties heretu do agree that the party of the
second part has ceased to operate and maintain the subject sewer pump
station aiid that the below-desevibed real property should revert to the
party of the second part by the terins of aforesaid Deed of Dedication.
NOW, THEREFOIIE, in uonsidpration of the premises, the pavty
of the first part does hereby grant and dedicate, transfer and uunvt-y
LL) Liie par-ty of the seconcl p@ivt, with General Wai-v@iiity @iiid Eiigl:sil
cc)vell,tllts or 'ritle, the f'ollowitig desL!ril)L-d pi,opeL-ty, to-wit:
-1-
ALf., 'ri-LAT certain parcel of i@,nd, with the ii-nprove-
lilollis tll(,i,ooti, kiiowil, litililbei,ed and designatt-,d as
"I.'Liiiip StaLioil Sit@" oii LlIaL Let'Laiii Plat eiititled
"StAbclivision of S.A.S. Pi,operty", made by Basgier &
AssociatL,s, a Pilofessional (7,orporation, Consulting
911[-V(@Yol'.13 lincl llltiiiiioi-s, said plat being
i-ecoi-ded iii tlle Cleri@is Office of ttie Circuit Court
or Llie City 01-' Vi'-P,inia Beacti, Virginia, in Map Book
I'V ill@'ING t[iL) s;lille pl'OPL'L'ty COIlVeYOd to the I)Llrty of
1);ii-L )y I)LO(I or I)ecliLatioll of S.A.S-
Vii,[.,iiii@i peilei,,il pat,tnersilip, i-ecord(-cl
g @ 1 79 ii 0 Of LIIL@
218'[, ;AL I'a L 3 i Llic Offi L
Cleric of the Circuit Court of the City of Virginia
13each, Virginia.
'.Vllis conveyance is made expressly subject to the conditions,
t-(@sti,ictions, easeiiients and reservutions set forth in the duly i-ecorcied
1)[@ILi litici OLII(ll- ilisti,LiiiieiiLs coilstitutinty consLt,Lictive iioticl, iii
tilo cliain of property liei-eby conveyed wllicii liave not L@xpired by u tiiiie
IiiiiiLtitioii coii(iiined tilei,ein oi, othet,wise becoine ineffective.
Wl't'NrSS tlie l'ollowing sigrit:t@tires and seals:
CI'PY OF VIliGINIA BL@ACI-1,
a municipal corporation
By (SEAL)
City Manager
S.A.S. ASSOCIATES, a Virginia
general partnership
B SI]AL)
y
L,,.,, 13. S@l,@dii,, G,@.,L@,,l I'ai,tnLr
B -(SLAL)
Arthur B. Sanctier, Uenerai Partner
-2-
01, V11tc,,INIA
c',I'I'Y 01@ Vllt("INIA 1317.ACI-1, to-wil:
St.ibset-ibeci aiid sworii to before ine, a Notary Public, this
I)Y I City klillitigul, ur
----------------
Lli(! (,i(y oi' Vii,pini@.t lic@,icli.
Notary Public
My Co,iiiiiission Expires:
STA'rE OF VIRGINIA
CII.Py OF VIIIGINIA BEACH, to-wit:
;Iil(l ,jwol,ll to 1)(!I'oi,o iiil,, ii Notat,y I'uL)Iic, LI)i@
clay or Septeinber, 1984, by Steven B. Sandler and Arthur B. SandIL@t-,
Ilixi,tn(,i-s ul, S.A.S. Ai,.iocitite.,i.
Notary Public
My Coiiiiiiission r@xpives:
J.-IAUS/8.24.10.C
-3 -
CLARK @ STAN], P C.
Certificate of Vesting of Title
Page Irwo
CLARK STANT, P.C.
B
/Gerard T. Schafer
THIS DEED OF REVERSION made this Zk 'K
1984 by Ind between the I day of Septembe,,
Corporation ir, the Common C'ty If Virginia Beach, Virginia, a mnici pal
S,A,S, 4ssOciates wealth Of VirgiTlia, Party of the firs t Part and
part. a Virginia general Partnership, Party of the second
WHIIREAS.
th- P-rty f th@ fir!,t
Ple
-described real property by I)eed of- Dedication
Ownership of the be]Ow Pa"t did obtain fee sim
dated December 12, 1981 and recorded in the Clerkt
Circuit Cou"t Of th@ s Office of the
1379; and C'ty -f Virgini- Beach, izl Deed Book 2187, at Page
event WHEREAS, the said I)eed of Declication
that the Plrty of PrOvided that "in t
thesecond p. t , he
ceases r Ih. C,ty of Virginia Beach]
tO OPerate and maintai, , sewer pump ,
perty h@llein t' I lubi e,t tation, the p,o-
conveyed shall rolert tO the pa,ty of the first
IS,A,S, AssOciates]"; and pa , t
WHEHEAS, the Parties he
first part has reto dO agree that the Plrty of thL,
le@ed tO operate and m.itain thL' subjel-t 'ewe, pump
station ayid that the e o
b I W-described real property ,hould reve,t t. t e
party of th, second Part by the term, If aforesaid Deed of Dedication.
b
NOW. TliER_,FORE, , 'o
Of the first Plrt does hereby grant -d dedicate, transf b party
nsideration Of the premises, t e
LYLE.SIEGEI.
CROSH,@ er and 'Onvey
t) Ille Party of the elond part,
KNEYSATLAW W'th Gene,,l Warranty and English
'A B-CH. VA. U. Covenants of Title, the fOllOwing describec' P"Operty, t.-Wit:
-1-
ALL THAT certain parcel of land, with the improve-
ments thereon, known, numbered and designated as
"Pump Station Site" on that certain plat entitled
"Subdivision of S.A.S. Property", made by Basgier &
Associates, a Professional Corporation, Consulting
Engineers, Surveyors and Planners, said plat being
recorded in the Clerk's Office of the Circuit Court
of the City of Virgi@ Beach, Virginia, in Map Book
152, at Page 54.
IT BEING the same property conveyed to the party of
the first part by Deed of Dedication of S.A.S.
As3ociates, a Virginia general partnership, recorded
in Deed Book 2187, at Page 1379 in the Office of the
Clerk of the Circuit Court of the City of Virgiria
Beach, Virginia.
This conveyance is made expressly subject to the conditions,
restrictions, easements and reservations set forth in the duly recorded
deeds, plats and other instruments constituting constructive notice in
the chain of property hereby conveyed which have not expired by a time
limitation contained therein or otherwise become ineffective.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH,
a municipal corporation
By (SEAL)
City Manager
S.A.S. A ES, a Virginia
ge!n
B3r 7;, (SEAL)
APPItOVW As To CONTFNTS an ner
- < -@ -1@-I @ "/ F'/
B, (SEAL)
PIC.EI7. LYL., SIL..L.
. @..@HA@ iier, General Partner
A@RNEYS AT 1,A@
VIRGINIA BEACH. @A .1@@ DEP@TMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me, a Notary Public, this
day of September, 1984, by City Manager of
the City of Virgirtia Beach.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me, a Notary Public, tyds
day of September, 1984, by Steven B. Sandler and Arthur B. Sandler,
General Partners of S.A.S. Associater,
Notary Public
My Commission Expires: IFS-
JLH/8.24.10.C
PICKEW, LYLE. SIEGEL,
D.EsCH.. . @HOSH@@
.WOR.EYS @T L@W
DE.CH,
-3-
ATION S
PERTIE
HIDG
Exhibit showing City pump station site to r6vert to SAS
Properties.
PH:mc
11/1/84
(C 11-2)
- 47 -
Item II-J.18
CONSENT AGENDA ITEM # 22765
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing the City Manager to execute an
agreement with VIRGINIA BEACH ECLTMENICAL HOUSING, INC., to provide temporary
housing to homeless families in Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 47a -
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ORDINANCE AIJTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH VIRGINIA BEACH ECUMENICAL HOUSING,
INC., TO PROVIDE TEMPORARY HOUSING TO HOMELESS FAMILIES
IN VIRGINIA BEACH
WHEREAS, the City has received funds from the United States Department
of Housing and Urban Development under the Emergency Jobs Bill of 1983
(P.L. 98-8); and
WHEREAS, the City has allocated a portion of these funds to be utilized
for the provision of Emergency Housing to homeless families; and
WHEREAS, Virginia Beach Ecumenical Housing, Inc. intends to acquire
and rehabilitate a dwelling located at 241 Cassady Avenue for the purpose of
providing temporary emergency housing; and
WHEREAS, Virginia Beach Ecumenical Housing, Inc. represents that it is
qualified and willing to perform the services in connection with providing
temporary emergency housing to homeless families in accordance with the terms
and conditions of an agreement providing for the sum of Fifty-five thousand
five hundred dollars (55,500).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter into an agreement
with Virginia Beach Ecumenical Housing, Inc. for the purpo5es referenced
above and for the terms and conditions more fully specified in an agreement
attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach, Virginia on this
Fifth -day of November 1984.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney
D@rec#@,@ Depiirtm
Ho@ikg and Commun
Development
November 5, 1984
- 48 -
Item II-J.19
CONSENT AGENDA ITEM # 22766
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$411.55 upon application of certain persons and upon certification of
the Treasurer for Payment.
Voting: 10-0
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, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent.
J. Henry McCoy, Jr., D.D.S.
November 5, 1984
- 48a -
FORM NO. C.A. 7 10/16/84 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- Date Penalty Int. Total
Y ear of Tax Number tion No. P id
George B Lechner 84 pp 90745-9 9/28/84 11.35
D L Peterson Trust 84 pp 36288-5 5/31/84 160.92
We Try Harder Inc 84 pp 161163-1 5/17/84 239.28
Total 411.55
Ln
OCT 1 8 198@
DEPT. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling ent;
$411 SS were approved by
the Council of the City of Virginia
Beach on the 5day of leasurer
Approved as to forfo:
Ruth Hodges Smith
City Clerk
ember 5 198
- 49 -
Item 11-K. I
UNFINISHED BUSINESS ITEM # 22767
RESORT ARFA ADVISORY
COMMISSION
ADD-ON
Councilwoman Henley referenced a letter from Timothy Barrow, Chairman of the
VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION, concerning consideration
of the Commission's initial report presented to City Council on October 22,
1984.
The City Manager also referenced the Survey by Old Dominion University will be
available for presentation to City Council on November 19, 1984.
A SPECIAL WORKSHOP will be scheduled concerning the VIRGINIA BEACH RESORT
AREA ADVISORY COMMISSION.
Item II-K.2
UNFINISHED BUSINESS ITEM # 22768
EMPRESS II
ADD-ON
Councilman Jennings referenced a BRIEFING on the EMPRESS TWO (Electro Magnetic Project
Off-Coast). This is the proposed Navy Project to be possibly constructed 15 miles
off the Coast of Virginia Beach.
A Briefing will be scheduled concerning same.
ITEM II-K.3
UNFINISHED BUSINESS ITIM # 22769
COMPREHENSIVE PLAN
WORKSHOP
ADD-ON
Councilwoman Henley referenced the possibility of a City Council WORKSHOP concerning
discussion of the COMPREHENSIVE PLAN before the Third Public Hearing on November 19,
1984.
The Mayor advised City Council will be POLLED concerning a WORKSHOP and same
will be scheduled.
Councilwoman Henley also referenced scheduling WORKSHOPS and PUBLIC HEARINGS
regarding the CAPITAL IMPROVEMENT PROGRAM.
November 5, 1984
- 50 -
Item II-K.4
UNFINISHED BUISNESS ITEM # 22770
STATE LEGISLATORS
BREAKFAST
ADD-ON
The City Manager advised City Council he has scheduled a BREAKFAST MEETING with
the STATE LEGISLATORS, for discussion of the 1985 LEGISLATIVE PACKAGE, at 8:00
a.m. on December 4, 1984.
Item II-K.5
UNFINISHED BUSINESS ITEM # 22771
LAKE CHRISTOPER
HOMES ASSOCIATION
ADD-ON
Councilwoman Oberndorf referenced a letter from the LAKE CHRISTOPHER HOMES
ASSOCIATION concerning a rezoning application that would affect their
area. This Association had requested same be RESCHEDULED for a night
Council Meeting.
Mayor Heischober referenced he had advised the Association that there
were not any night Council Meetings in either November or December.
Item II-K.6
UNFINISHED BUSINESS ITMA # 22772
LITTLE NECK BIKEWAY
ADD-ON
Councilman Jennings expressed gratitude to the Department of Public Works,
and the Department of Parks and Recreation for the construction and dedication
of the LITTLE NECK BIKEWAY.
Item II-K.7
UNFINISHED BUSINESS ITEM # 22773
PUBLIC HEARING
HJR 119
ADD-ON
Vice Mayor McClanan referenced a PUBLIC HEARING, Wednesday, November 7, 1984,
concerning HOUSE JOINT RESOLUTION 119.
City Council supports developer participation in off-site development.
November 5, 1984
- 51 -
Item II-L. I
NEW BUSINESS ITEM # 22774
1-64 DIRECTIONAL SIGNING
C. Oral Lambert, Director of Public Works, advised City Council concerning
1NTERSTATE 64 DIRECTIONAL SIGNING from I-264/I-44 INTERCHANGE to BOWERS HILL.
The basic problem is that I-64 is a designated east-west route, however, for
this last section of the interstate, the actual direction of travel differs
from the assigned route direction.
In order to correct this problem, the State has proposed redesignating
a portion of INTERSTATE 64, tbat portion from Route 44 to Bowers Hill,
to 1NTERSTATE 664.
If Council councurs, the Staff would like to indicate their support of this
proposal to the STATE HIGHWAY DEPARTMENT. As part of the City's recommendation,
the staff would stipulate that proper advertising and/or public hearings be
provided by the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION. Some
business addresses and promotional material might be affected by the afore-
mentioned change. In addition, the City would request assurances from the
Highway Department, and Federal Highway Administration, if necessary, that
this change in route designation would not have any adverse affect on Inter-
state funding concering proposed improvements to Interstate 64. By changing
the route, it would not place these improvements in a lower priority.
November 5, 1984
- 52 -
Item II-M.1
RECESS INTO
EXECUTIVE SESSION ITEM # 22775
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Louis Jones, seconded by Councilman Baum, City Council
voted to RECESS into EXECUTIVE SESSION for discussion of Personnel, Publicly
Held Property, and Legal Matters, after which to adjourn (5:22 p.m.).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 53
Item II-M.2
ADJOURNMENT ITEM # 22776
By CONSENSUS, City Council adjourned the meeting at 7:15 p.m.
Beverlf 0. Hooks
Deputy City Clerk
Rkith Hodges Sm@th, CMC
City Clerk
City of Virginia Beach
Virginia
/bh
November 5, 1984