OCTOBER 8, 1984 MINUTESCITY COUNCIL
City of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
October 8, 1984
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Jerome C. Ross
Mount Olive Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. CITY MANAGER'S AEgilNISTEATIVE AGENDA
1. Review of Consent A~enda
E. DISCUSSION OF PERTINENT HATTERS - Mayor/Council
ITEM II. F. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of September 24, 1984.
G. PRESENTATIONS/PROCLAMATIONS
1. Big Brother/Big Sister Volunteer Recruitment Month - October
2. Crime Prevention Month - October
H. PLANNING
1. Application of R. G. Moore Building Corporation for a change
of zoning from B-2 Community-Business District to R-5
Residential District on a 3.7-acre parcel locwt-ed on Th-e
north side of Recreation Drive, west of Salem Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Walter D. Robbins for a change of zoning from
B-2 Community-Bu:!eness District to A-2 Apartment District on
a 3.587-acre pa I located north of Providence Road and
west of Woodstock Road (5950 Providence Road) (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
3. Application of W. B. Meredith for a change of zoning from
B-2 Community-Business District to H-1 Hotel District on a
3.9-acre parcel located on the south side of Northampton
Boulevard, east of Baker Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Oglesby-Arnhold Realty, Ltd. for a change of
zoning from B-2 Community-Business District to A-2 Apartment
District on a 6.3-acre parcel located on the north side of
Virginia Beach Boulevard, east of Davis Street (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Victor Dubray for a change of zoning from
AG-2 Agricultural District to A-2 Apartment District on a
five-acre parcel located on the north side of Culver Lane,
east of Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
ITEM II. H. PLANNING (Continued)
6. Application of Robert M. and Anne Mae Noell and Maymie L.
Dawson for a change of zoning from AG-1 Agricultural
District to A-2 Apartment District on an 11.94-acre parcel;
AND,
a change of zoning from AG-' Agricultural District to A-2
Apartment District on an 11 .8-ac,:e parcel located along the
west side of Oceana Boulevard, north of Culver Lane
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
7. Application of Lowe's Companies, Inc. for a change of zoning
from 0-1 Office District to I-1 Light Industrial District;
AND,
a conditional use permit for outside storage of building
materials on a two-Tcre-parcel located north of Bonney Road,
west of Bendix Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Rosso and Mastracco, Inc. for a conditional
use permit for a gasoline service station in conjunction
with a Tinee Giant Convenience Grocery Store on 3.99-acre
parcel located at the northwest corner of Newtown Road and
Broad Meadows Boulevard (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Neil C. McCloud for a conditional use permit
for a residential kennel on an 8.04-acre parcel located on
the south side of Mill Landing Road, east of Nawney Creek
Road (Pungo Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. AMENDMENT to an Ordinance adoted by City Council relating to
a change of zoning from RS-4 to CL-3 granted to
Residential-Commercial Investors, Inc. on April 17, 1972 by
deleting the provision for a 30 -foot dedication and
substituting a 10-foot dedication along Shore Drive (Fanney
property).
(City Council voted to reconsider this item on September 17,
1984).
11. Ordinance to amend and reordain Section 5.10 of the
Subdivision Ordinance pertaining to underground utilities;
Ordinance to amend and reordain Section 6.3 of the
Subdivision Ordinance pertaining to final plats and data;
AND,
ITEM II. H. PLANNING (Continued)
an Ordinance to amend and reordain Section 8.4 of the
Subdivision Regulations, Appendix B of the Code of the City
of Virginia Beach pertaining to fees for vacation of a plat.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Amendment to the PD-H 2 Land Use Plan for Sajo Farm located
along the east side of Baker Road, south of Anthony Lane
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
1. RESOLUTIONS/ORDINANCES
1. Ordinance, on FIRST READING, to appropriate funds of
$167,900 from the General Fund Balance for the updating of
the Municipal Center Master Plau.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one notion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution authorizing conversion of a nonconforming use
located at 3003 Atlantic Avenue (property of JG&R, a
Virginia General Partnership) (Virginia Beach Borough).
2. Ordinance to transfer Capital Project Funds of $61,410 to
Project 2-412 Virginia Beach Boulevard Phase I; AND,
authorizing the City Manager to execute an agreement of
sale.
3. Ordinance to transfer Capital Project Funds of $15,400 to
Project 2-997 Indian Lakes Boulevard Extended.
4. Ordinance to amend and reordain Sections 2-129, -130, 2-
131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138, and 2-139
of the Code of the City of Virginia Beach, Virginia,
pertaining to grievance procedures for City employees.
(This Ordinance was deferred on September 10 and 24,
1984.)
5. Ordinances, on SECOND READING, to appropriate:
a. $7,311,135 for the FY 1984-85 School Cafeteria
Enterprise Fund Budget;
b. $5,647,141 for City of Virginia Beach School Programs
funded by Special Categorical Grants for School Year
1984-85;
C. $2,256,800 for the FY 1984-85 School Textbook Rental
Fund Budget.
6. Ordinance, on FIRST READING, to appropriate funds of
$100,000 for the purchase of a computerized management
system for Tidewater Virginia Alcohol Safety Action
Program (TVASAP).
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Bonney Road, to Beach-
Oxford Associates, its assigns and successors in title.
ITEM II. J. CONSENT AGENDA (Continued)
8. Bingo/Raffle Permits:
Raffle Spina Bifida Association of Tidewater
Bingo/Raffle Filipino Women's Club of Tidewater, Inc.
Raffle Zeta Kappa Chapter of Beta Sigma Phi
9. Request of the City Treasurer for tax refunds in the
amount of $198.55.
10. Request of the Commissioner of the Revenue for license
refunds in the amount of $6,104.47.
K. APPOINTMENTS
1. Arts & Humanities Commission
2. Personnel Board
3. Transportation Safety Commission
L. UNFIMISHED BUSINESS
1. Update on Water Resource Information: Presentation by
Mr. Aubrey V. Watts, Jr., Director of Department of
Public Utilities
2. Request of Briarlake Corporation to remove provision on
rezoning application of June 10, 1981.
M. NEW BUSINESS
1. Request for RECONSIDERATION of the changes of zoning DENIED
in the applications of Gallagher Associates, Holland
Road/Landstown Road (Princess Anne Borough) (September 24,
1984).
2. Request for DELETION of a condition placed on a change of
zoning upon property on Virginia Beach Boulevard in the
application of Ben Y. Ward.
3. Application of Lakeside Construction Corporation for
MODIFICATION OF DESIGN STANDARDS for Red Mill Section 8.
N. AWOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 8, 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 Buiding, on Monday, October 8, 1984, at 1:00 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Eenley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones
*Councilman Robert G. Jones entered the Executive Session at 1:08 p.m.
October 8, 1984
- 2 -
ITEM # 22586
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City
Council voted to proceed into the EXECUTIVE SESSION, to be followed by
the REGULAR SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
October 8, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 8, 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, October
8, 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, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Jerome C. Ross
Pastor
Mount Olive Baptist Church
PLEDGE OF ALLEGLANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 8, 1984
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
CONSENT AGENDA
TIDEWATER VIRGINIA
ALCOHOL SAFETY ACTION
PROGRAM/APPROPRIATION ITEM # 22587
The City Manager referenced the Ordinance, on FIRST READING, to appropriate funds of
$100,000 for the purchase of a computerized management system for Tidewater
Virginia Alcohol Safety Action Program (TVASAP) (See Item II-J.6 of the Consent
Agenda). The City Manager requested that this item be DEFERRED INDEFINITELY
in order that the staff may send out an RFP (Request for Proposal) to determine
the exact cost of this equipment.
Item II-D.2
CONSENT AGENDA
INDIAN LAKES BOULEVARD
EXTENDED /PROJECT 2-997 ITEM # 22588
Councilwoman Henley referenced an Ordinance to transfer Capital Project Funds of
$15,400 to Project 2-997 INDIAN LAKES BOULEVARD Extended (See Item II-J.3 of
the Consent Agenda). Councilwoman Henley further noted that within the agreement,
with the City of Virginia Beach, URBAN ASSOCIATES - THREE stipulated they would
perform work in accordance with construction plans and specifications prepared
by Talbot and Associates. The Storm Drainage Endwall was estimated at only
$9,000. The City Manager referenced that the adjustment of $15,400 was made as
a moral responsibility, since it was evidenced tbat a mistake had been made in
the estimates of construction costs.
The City Manager further referenced, as per Councilwoman Henley's request,
additional information will be provided by the Director Public Works, C. Oral
Lambert, just prior to the discussion of this particular item in the Consent Agenda.
Item II-D.3
PROJECT 2-412 VIRGINIA
BEACH BOULEVARD
PHASE II* ITEM # 22589
Councilman Robert Jones referenced an Ordinance to transfer Capital Project
Funds of $61,410 to Project 2-412 VIRGINIA BEACH BOULEVARD PHASE II* AND,
authorizing the City Manager to execute an agreement of sale. (See Item
II-J.2 of the Consent Agenda). Councilman Jones further requested an
elaboration concerning this particular item of what is being accomplished
by that purchase.
The City Manager noted that same will be provided by Director of Public Works,
C. Oral Lambert, just prior to the Consent Agenda in the Formal Session.
*This was incorrectly stated as Phase I in the Ordinance contained in City
Council's Agenda, it should have been referenced as Phase II.
October 8, 1984
5
Item II-F. I
MINUTES ITEM # 22590
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council APPROVED the Minutes of September 24, 1984.
Councilman Fentress noted a CORRECTION in the SUMMARY OF COUNCIL ACTIONS:
Item II.I.1 - RESOLUTIONS AUTHORTZING THE ISSUANCE OF IDR
BONDS ADD ON'S
j. Burlage Corp. - $3,600,000
k. Expressway Inn Inc. - $3,080,000
1. Turnpike Properties,Inc. - $3.950,000
m. Shore Drive Motel Assoc. - $1,500,000
The vote was incorrectly listed as 10-1 should have read 10-0. (Same was
CORRECT in the actual MINUTES.)
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
6
Item II-G.1
PROCLAMATION ITEM # 22591
Mayor Heischober PROCLAIMED the month of October as
MOZART MONTH
Mayor Heischober further noted that this PROCLAMATION had been mailed to the
Cultural Alliance of Greater Hampton Roads. As per the request of the Mayor,
Councilwoman Creech, who is active in this particular organization, read the
PROCLAMATION.
This PROCLAMATION recognized the music and era of MOZART.
October 8, 1984
6a -
riariam;ati Lin
WIEREAS, the Moza4t Festivat knA conceived d COUpte Oi ye",&
No by the d4tiAt6 di4eCto4,6 06 6ou4 majo-t a4tA otganizationA--
e ViAginia OpeAa A44o@tion, the Vitginia Stage Company, the
ViAginia Symphony, and the ChAyAteA --a4 a way they coutd
att combine theia ei6o4t6 aaound one theme; and
WWREAS, the CuttuAat Attiance o6 Gteate4 Hampton Roact6
ha,6 cootdinated the detivitiea o6 va-tioua othe,4 gitoup6 into a
,6chedate th4t cove44, 6ot the moat pa4t, the mon@ og OctobeA,
but inctude,6 a Sew datea beyond; and
WWREAS, The Fe.6tivat begina, on a mo4e Ae-tiouA note 6o4
the MO/LE Atudiou,6 AAoza4t ob-6e4veA.6, with a tectu4e-pe46o@ce
,6eAie-4 at Otd Dominion Univ@ty ("A4ozatt: Man and Gen@n,
640M Sep@eA 19 - Octobe4 27); the ViAg@ State Conipany @t
p,te4ent PeteA Sha66eA,,6 Tony ""d wanin.9 "AmadeuA- at the Wett,6
TheateA @tob" 10 - 27; the Ch4y.6teA wUt have an ex-
hibit,ion o6 18th CentuAy po4cetain and pkinta on toan i4om the
MetAopotitan mu,6eum in New VoAk and the p4ivate cotte@on o6
Hen4y Ctay Ho6heimeA, 64om Octobe4 12 - DecembeA 9; the Vi4ginia
Symphony witt p4eAent a taibute to #Aoza4t, inctuding Mu.6ic o6
Moza4t, Satie4i, and T@ikov,,Ay, with-6pe@t gueat viotini-6t,
Cha)tteA CaAUeman, Octobe4 IS - 20; and the Vi4gini4 OpeAa Amoc-
iation @t pe46o4m Moza4t,,6 "Ma44iage o6 Figa4o", OctobeA 26 -
MovembeA 4; and
WffREAS, thaoughout the month o6 OctobeA, (OHRO-FM and Channet
15 witt be devoting many houA.6 o6 ptog4 9 in t4ibute to Moza4t
and the FeAtivat.
NOW, THEREFORE, 1, H44otd Heiwhobe4, Mayo4 o6 the City o6
ViAgini,a Beach, do h"eby pto@im the month o6 OctobeA 1984 a,6
MOZAIZT MOArrH
and aage citize" to take adv4ntage oi thi,& oc@on by enjoying
to the jutte,6t the mu4ic and eila o6 Moza4t.
Given ande4 my hand and .6eat th"
Ttmnty-eighth Day o6 SeptembeA.
Nineteen Hun&ed and Eighty-6ou4.
,w
Mayo4
October 8, 1984
7
Item II-G.2
PROCLAMATION ITEM # 22592
Mayor Heischober PROCLAIMED October 1984 as
BIG BROTHER/BIG SISTER VOLUNTEER RECRUITMENT MONTH
This PROCLAMATION recognized the Big Brothers/Big Sisters Volunteer
Recruitment Campaign.
Gary Yellin, Executive Director of Big Brothers/Big Sisters, and
Louisa Strayhorn, Board Member of Big Brothers/Big Sisters accepted
the PROCLAMATION.
Gary Yellin recognized Councilwoman oberndorf as one of the Founding
Members of BIG BROTHERS/BIG SISTERS.
October 8, 1984
- 7a
WHEREAS, a ta4ge numbea o6 boy,6 and giatz a4e tiving in 4ingte pa4ent
6amitie-6, without two pa4ents to p4ovide guidance, di4ection and tove 6o4
them; and
WHEREAS, youngAte4.6 in 6ingte pa4ent AamitieA o6ten have diiiicatty
4eaching theia Autt potentiat in po,6itive .6o@t, emotionat and cha4acte4
devetopment; and
WffREAS, Big IkotheA,6/gig Si.6teA.6 oS TidewateA p4ovide-6 6uppo4t,
dikection and positive 4ote modeta 6o4 hunct4ed.6 oi young-6teA,6 thaough the
u.6e oi votuntee4 Big BAotheA.6 and Si,6teA,6; and
WHERE,kS, Big 84othe4,6/gig Si,6teA.6 o6 TidemteA need,6 additionat vot-
unteeA,6 to hetp meet the need,6 o6 the young,6te4.6 kuiting 6o4 a Big B4oth"
o4 Si,6teA.
NOW, THEREFORE, 1, HaAotd Hei4chobe4, Mayo4 oS the City o6 Vi4ginia
Beach, do heaeby p4octaim OctobeA 1984 a-6
BIG BROTHERIBIG SISTER VOLUNTEER RECRUITMEArr MOArrH
in Vi4ginia Beach catt upon att citizen,6 to happoit the gig B4otheA,6/Big
Si,6teA,6 votunteea 4ee-taitment e=paign.
In witne4a Y*eteo6, I have heaeunto
6et my hand and .6eO thi,6 eighth Day
oS Octobe4, Nineteen Hund4ed and
Ei,ghty-AouA.
Mayo4
October 8, 1984
8
Item 11-G.3
PROCLAMATION ITEM # 22593
Mayor Heischober PROCLAIMED the month of October 1984 as
CRIME PREVENTION MONTH
Councilman Jennings read the PROCLAMATION as per the request of the Mayor.
The PROCLAMATION urged all citizens and institutions, public and private,
to become aware and participate in crime prevention activities.
This PROCLAMATION was accepted by:
Charles Wall, Chief of Police
Joseph Campbell, Postmaster of Virginia Beach
Sergeant Daniel Kappers, representing National Crime Prevention
Postmaster Joseph Campbell referenced that the Post Office was pleased
to be a member of the National Crime Prevention Coalition. This support
was illustrated by the issuance of a Commerative First Day Issue Stamp:
"McGruff, the Crime Fighting Dog".
The Postmaster presented each Member of City Council with a Commerative
First Day Issue Stamp.
Mayor Harold Heischober, City Manager Thomas Muehlenbeck, and Chief Charles
Wall were further recognized with presentations prepared jointly by the
United States Postal Service and Virginia Beach Crime Prevention, a plaque
and a display of stamps, as well as a framed Commerative First Day Issue
Stamp.
McGruff, the Crime Fighting Dog, was also in attendance to say a few words
to City Council. He is the National Symbol of Crime Prevention.
Robert Poyner, Master Police Officer and Sergeant Daniel Kappers, referenced
Football Cards (REDSKINS) issued in an effort to teach child safety.
A framed set of these football cards was presented to Mayor Harold Heischober,
City Manager Thomas Muehlenbeck, and Chief Charles Wall.
A full set of the football cards was also presented to the individual Members
of City Council in recognition of their efforts towards Crime Prevention.
October 8, 1984
- 8a -
4k
riartzimtttlion
WffREAS, Mationat C4ime P-tevention Month was e,6tabti-6hed in 1983 by the Ctime
PAevention Coatition to encou4age citizen invotv@nt in paeventing c4ime in Ame4,c'ca;
and
WHEREAS, in 1983 atone, app4oximatety 70 mittion peopte tived in hou4ehot"
touched by c4ime; and
WHEREAS, the 4ate o6 viotent c4ime ha,6 inc4ea,6ed ove4 461 in the ta,6t decadel-
and
WHEREAS, the incidence o6 buAgta4y and the6t ha,6 inc4ea,6ed ove4 75% du4ing
t,he Aame pe4iod; and
WHEREAS, c4ime and the 6ea4 oA c4ime a66ect the @tt-being and quatity o6 ti6e
oA citizena and in,6titution,6 in Vi4ginia Beach; and
WHEREAS, the 6inanciat tom, pe4zonat injuay and comunity dete4io4ation a,6
a tesutt o6 ctime in Viitginia Beach i,6 intoteaabte; and
WHEREAS, citizen c4ime pievention action has p4oven to be a .6uccemSut 6o4ce
in ftecent cilime 4eduction t4end,6.
NOW, THEREFORE, 1, Ha4otd HeZ6chobeA, MayoA oi the City oi ViAginia Beach do
he4eby p4octaim the month o6 Octobet 1984 a,6
CRIME PREVENTION MOArrH
and u4ge att citizen-6 and inztitutiona, pubtic and p4ivate, to become a=4e oS and
pa4ticipate in c4ime plievention activitie,6.
Given unde4 my hand and 6eat this
Eighth Day o6 Octob", Nineteen
Handited and Eighty-6ou4.
Ha4otd HeischobeA
MayoA
October 8, 1984
- 9 -
Item II-G.4
ANNOUNCEMENTS ITEM # 22594
ADD-ON
Mayor Heischober expressed appreciation to the Ladies of the CAPE HENRY
WOMEN'S CLUB for the McGruff Key Chains.
October 8, 1984
- 10 -
Item 11-H. 1
PLANNING ITEM # 22595
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING
CORPORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM B-2 TO R-5 Z01084886
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District Classi-
fication from B-2 Community Business District to R-5
Residential District on certain property located on
the north side of Recreation Drive beginning at a
point 2250 feet west of Salem Road, running a dis-
tance of 275 feet along the north side of Recreation
Drive, running a distance of 400 feet along the
western property line, running a distance of 625 feet
along the northern property line, running a distance
of 150 feet in a southerly direction, running a dis-
tance of 350 feet in a westerly direction and running
a distance of 250 feet in a southerly direction. Said
parcel contains 3.7 acres. KEMPSVILLE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A 30-foot dedication of right-of-way along the frontage
on Recreation Drive, 45 feet from the centerline of the
existing right-of-way to provide for an ultimate 90-foot
right-of-way for Lynnhaven Parkway as per the Master
Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, Nineteen Hundred and Eighty-four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech* Robert E. Fentresst Mayor Harold
Heischober* Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones* Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Item II-H. 2
PLANNING ITEM 22596
Attorney Robert Cromwell represented the applicant
and requested City Council APPROVE WITHDRAWAL of the Application
Upon motion by Councilwoman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED WITHDRAWAL of an Ordinance upon application of WALTER D.
ROBBINS for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF WALTER D. ROBBINS FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2
Ordinance upon application of Walter D. Robbins for a
Change of Zoning Distritt Classification from B-2 Com-
munity Business District to A-2 Apartment District on
certain property located 210 feet more or less North
of Providence Road beginning at a point 351.40 feet west
of Woodstock Road, running a distance of 58.62 feet in a
northerly direction, running a distance of 80 feet in a
northwesterly direction, running a distance of 422 feet
in a northerly direction, running a distance of 275.74
feet in a northwesterly direction, running a distance of
30 feet in a westerly direction, running a distance of
705.90 feet in a southerly direction, running a distance
of 200 feet in an easterly direction, running a distance
of 70 feet more or less in a northerly direction and
running distance of 180 feet more or less in an easterly
direction. Said parcel is located at 5950 Providence
Road and contains 3.587 acre. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 8, 1984
- 12 -
Item II-H.3
PLANNING ITEM # 22597
Senator A. Joseph Canada represented the applicant
Paul W. Bridwell, resident of Anthony Lane, requested that the tree line
not be infringed upon since it is historical
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of W. B. MEREDITH for
a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF W. B. MEREDITH FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
TO H-1 Z01084887
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. B. Meredith for a
Change of Zoning Distritt Classification from B-2
Community Business District to H-1 Hotel District on
certain property located on the south side of Nort-
hampton Boulevard beginning at a point 200 feet east
of Baker Road, running a distance of 135.41 feet along
the south side of Northampton Boulevard, running a
distance of 171.84 feet in a southeasterly direction,
running a distance of 150 feet in a northeasterly di-
rection, running a distance of 407.50 feet in a southerly
direction, running a distance of 541.92 feet along the
southern property line, running a distance of 200.16
feet along the east side of Baker Road, running a dis-
tance of 54.86 feet in an easterly direction, running
a distance of 228.57 feet in a northeasterly direction
and running a distance of 165 feet in a northwesterly
direction. Said parcel contains 3.9 acres. BAYSIDE
BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed to retain the
(32-foot) buffet and tree line along the southern
boundary.
Prior to the changing of the official zoning maps, the following condition
will be met:
Dedication of a 10-foot permanent drainage easement along
the frontage on Northampton Boulevard in accordance with
the Northampton Boulevard project plans on file in the
City Engineer's Office.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, Nineteen Hundred and Eighty-four.
October 8, 1984
- 13 -
Item II-H.4
PLANNING ITEM # 22597 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 14 -
Item II-H.4
PLANNING ITEM # 22598
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of OGLESBY-ARNHOLD REALTY, LTD.
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY,
LTD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2 Z01084888
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Oglesby-Arnhold Realty,
Ltd., for a Chatgo of Zoning Disttict Classification
from B-2 Community Business District to A-2 Apartment
District on certain property located on the north
side of Virginia Beach Bouelvard beginning at a point
600 feet east of Davis Street, running a distance of
470 feet along the north side of Virginia Beach
Boulevard, running a distance of 550.5 feet in a
northeasterly direction, running a distance of 350.18
feet in a northwesterly direction, running a distance
of 685.73 feet in a northeasterly direction, running
a distance of 175.6 feet in a northwesterly direction,
running a distance of 805.34 feet in a southwesterly
direction, running a distance of 50 feet in a southeasterly
direction and running a distance of 400 feet in a south-
westerly direction. Said parcel contains 6.3 acres.
BAYSIDE BOROUGH
The following condition shall be required:
1. The portion of this parcel fronting on Virginia Beach
Boulevard to a depth of 200 feet shall remain B-2
Community Business District.
Prior to the changing of the official zoning maps, the following condition
will be met:
A 20-foot reservation of right-of-way along the frontage
on Virginia Beach Boulevard, 80 feet from the proposed
centerline of the new roadway and a permanent drainage
easement, both as shown on the Virginia Beach Boulevard
plans on file in the City Engineer's office. These areas
will be purchased in conjunction with the road project
and the applicant should contact the Real Estate Division
of Public Works regarding the required reservation agree-
ments.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, Nineteen Hundred and Eighty-four.
October 8, 1984
- 15 -
Item II-H.4
PLANNING ITEM # 22598 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 16 -
Item II-H.5
PLANNING ITEM # 22599
Attorney Grover Wright represented the applicant and requested WITHDRAWAL of
the application.
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of VICTOR
DUBRAY for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF VICTOR DUBRAY FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
TO A-2
Ordinance upon application of Victory Dubray for a
Change of Zoning District Classification from AG-2
Agricultural District to A-2 Apartment District on
certain property located on the north side of Culver
Lane beginning at a point 400 feet more or less east
of Oceana Boulevard, running a distance of 596.34
feet along the north side of Culver Lane, running a
distance of 751.9 feet along the eastern property
line, running a distance of of 782 feet in a south-
westerly direction, running a distance of 155.1 feet
in a northwesterly direction and running a distance
of 106.23 feet in a southwesterly direction. Said
parcel contains 5 acres. PRINCESS ANNE BOROUGH
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
*Items II-H.5 and II-H.6 were voted upon together.
October 8, 1984
- 17 -
Item II-H.6
PLANNING ITEM # 22600
Attorney Grover Wright represented the applicant and requested WITHDRAWAL of
the application
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ALLOWED WITHDRAWAL of Ordinances upon application of ROBERT M.
AND ANNE MAE NOELL AND MAYMIE L. DAWSON for Changes of Zoning per the
following:
ORDINANCE UPON APPLICATION OF ROBERT M. AND ANNE MAE NOELL
AND MAYMIE L. DAWSON FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 TO A-2
Ordinance upon application of Robert M. and Anne Mae Noell
and Maymie L. Dawson for a Change of Zoning District Classi-
fication from AG-2 Agricultural District to A-2 Apartment
District on certain property located on the west side of
Oceana Boulevard beginning at a point 700 feet more or less
north of Culver Lane, running a distance of 1000 feet more or
less along the west side of Oceana Boulevard, running a dis-
tance of 600 feet along the northern property line, running
a distance of 670 feet along the western property line and
running a distance of 600 feet along the southern property
line. Said parcel contains 11.8 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF ROBERT M. AND ANNE MAE NOELL
AND MAYMIE L. DAWSON FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-1 TO A-2
Ordinance upon application of Robert M. and Anne Mae Noell and
Maymie L. Dawson for a Change of Zoning District Classification
from AG-1 Agricultural District to A-2 Apartment District on
certain property located 600 feet west of Oceana Boulevard
beginning at a point 700 feet more or less north of Culver Lane,
running a distance of 1770 feet more or less in a northwesterly
direction, running a distance of 180 feet more or less in a north-
easterly direction, running a distance of 600 feet more or less
in a southeasterly direction, running a distance of 1050 feet
more or less in an easterly direction and running a distance
of 670 feet more or less in a southwesterly direction. Said
parcel contains 11.94 acres. PRINCESS ANNE BOROUGH.
October 8, 1984
- 18 -
Item II-H.6
PLANNING ITEM # 22600 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
*Items II-H.5 and 11-H.6 were voted upon together.
October 8, 1984
- 19 -
Item II-H.7
PLANNING ITEM # 22601
Bryan Robbins represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED Ordinances upon application of LOWE'S COMPANIES, INC., for
a Change of Zoning and a Conditional Tlse Permit per the following:
ORDINANCE UPON APPLICATION OF LOWE'S COMPANIES, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO
1-1 Z01084889
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Lowe's Companies, Inc. for a
Change of Zoning District Classification from 0-1 Office Dis-
trict to 1-1 Light Industrial District on certain property
located 370 feet more or less north of Bonney Road beginning
at a point 1400 feet more or less west of Bendix Road, running
a distance of 203.97 feet along the southern property line,
running a distnace of 384.52 feet along the western property
line, running a distance of 215 feet along the northern
proeprty line and running a distance of 445.69 feet along
the eastern property line. Said parcel contains 2 acres.
KEMPSVILLE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF LOWE'S COMPANIES, INC. FOR A
CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE OF BUILDING
MATERIALS R01084671
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Lowe's Companies, Inc., for a
Conditional Use Permit for outside storage of building
materials on certain property located 370 feet more or less
north of Bonney Road beginning at a point 1400 feet more or
less west of Bendix Road, running a distance of 203.97 feet
along the southern property line, running a distance of 384.52
feet along the western property lie, running a distance of
215 feet along the northern property line and running a dis-
tance of 445.69 feet along the eastern property line. Said
parcel contains 2 acres. KENPSVILLE BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed to enclose the
storage area with a privacy fence with redwood slats.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, Nineteen Hundred and eighty-four.
October 8, 1984
- 20 -
Item 11-H.7
PLANNING ITEM # 22601 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 8, 1984
- 21 -
Item II-H.8
PLANNING ITEM # 22602
Upon motin by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of ROSSO AND MASTRACCO, INC.
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF ROSSO AND MASTRACCO, INC.
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE
STATION R01084672
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGINIA:
Ordinance upon application of Rosso and Mastracco, Inc. for a
Conditional Use Permit for a gasoline service station in con-
junction with a Tinee Giant Convenience Grocery Store on cer-
tain property located at the northwest corner of Newtown Road
and Broad Meadows Boulevard, running a distance of 503.19 feet
along the north side of Newtown Road, running a distance of
271.63 feet along the western property line, running a dis-
tance of 795.69 feet along the northern property line and
running a distance of 271.63 feet along the west side of
Broad Meadows Boulevard. Said parcel contains 3.99 acres.
BAYSIDE BOROUGH.
The following condition shall be required:
1. Restrooms shall be open to the public.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor liarold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 8, 1984
- 22 -
Item II-H.9
PLANNING ITEM # 22603
Neil C. McCloud, the applicant, represented himself
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of NEIL C. McCLOUD for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF NEIL C. McCLOUD FOR A
CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
R01084673
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Neil C. McCloud for a
Conditional Use Permit for a residential kennel on
certain property located on the south side of Mill
Landing Road beginning at a point 2270.50 feet east
of Nawney Creek Road, running a distance of 425.59
feet along the south side of Mill Landing Road, running
a distance of 854.73 feet along the eastern property
line, running a distance of 416 feet along the southern
property line and running a distance of 807.49 feet a-
long the western property line. Said parcel is lo-
cated at 1665 Mill Landing Road and contains 8.04
acres. PUNGO BOROUGH.
The following conditions shall be required:
1. A maximum number of ten (10) dogs 8hall be allowed.
2. Approval is for a period of five (5) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of October, 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. Henely, 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.
October 8, 1984
- 23 -
Item 11-H.10
PLANNING ITEM # 22604
Attorney Grover Wright represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN A CERTAIN
ZONING ORDINANCE ADOPTED BY CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH RELATING TO A
CRANGE IN ZONING FROM RS-4 to CL-3 GRANTED
TO RESIDENTIAL-COMMERCIAL INVESTORS, INC.
ON APRIL 17, 1972, BY DELETING THE PROVISION
FOR A 30-FOOT DEDICATION AND SUBSTITUTING
A 10-FOOT DEDICATION ALONG SHORE DRIVE.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 23a -
AN ORDINANCE TO AMEND AND REORDAIN
A CERTAIN ZONING ORDINANCE ADOPTED
BY CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH RELATING A CHANGE
IN ZONING FROM RS-4 to CL-3 GRANTED
TO RESIDENTIAL-COMMERCIAL INVESTORS,
INC. ON APRIL 17, 1972 BY DELETING
THE PROVISION FOR A 30 FOOT DEDICATION
AND SUBSTITUTING A 10 FOOT DEDICATION
ALONG SHORE DRIVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Zoning Ordinance adopted on April 17, 1972
changing the zoning from RS-4 to CL-3 for Residential-Commercial
Investors, Inc. is hereby amended and reordained by deleting the
provision for a 30 foot dedication along Shore Drive and substituting
a 10 foot dedication therefore.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of October 19 8
JDB: j h
9 / 1 9 / 8 4
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A ',!),n
AP
CITY ATIORNEY
October 8, 1984
- 24 -
Item II-H.11
PLANNING ITEM # 22605
Upon motions by Councilman Louis Jones, seconded by Councilmen Fentress and
McCoy, City Council ADOPTED the following Ordinances:
ORDINANCE TO AMEND AND REORDAIN SECTION 5.10
OF THE SUBDIVISION ORDINANCE PERTAINING TO
UNDERGROUND UTILITIES;
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 6.3
OF THE SUBDIVISION ORDINANCE PERTAINING TO
FINAL PLATS AND DATA;
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 8.4
OF THE SUBDIVISION REGULATIONS, APPENDIX B
OF THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO FEES FOR VACATION OF A PLAT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 24a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5.10
OF THE SUBDIVISION ORDINANCE
PERTAINING TO UNDERGROUND UTILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 5.10 of the Subdivision Ordinance be amended and reordained
by adding the following:
5.10 Except as provided below, transmissions,
distribution, and customer service uti ity aci ities carrying -or
used in connection with el ctric power, street lights, telephone,
telegraph, cable television, petroleum, gas or si
p ace Dejow the surtace ot the ground. Exceptions are as follows:
(a) Equipment such as electric distribution transformers, switch-
gear, meter pedestals, telephone pedestals, meters, service
connections and the like nonnally installed above groun in
accordance with accepted utility practices for un ergroun
distribution.
(b) Temporary overhead facilities required for construction
@urposes.
(c) Iligh tension transmission lines. 50,000 volts or more.
All installations shall be in accord with applicable codes and the
specifications of the Department of Public Works, as approved by
the Council of the City of Virqinia Beach, and shall be in aeco-rdance
with charges as approved by the State Corpora ion Commission.
The requirements of this provision shall not apply to subdivisions
with lot sizes of three acres or more.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8 day of October 1984.
APPROVAO AS To CONTENI'
,g - -
1,A), T
/C@TY @T(ORNEY
October 8, 1984
- 24b -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6.3
OF THE SUBDIVISION ORDINANCE
PERTAINING TO FINAL PLATS AND DATA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6.3 of the Subdivision Ordinance be amended and reordained
in part as follows:
Sec. 6.3. Final plats and data.
The final subdivision plat shall be prepared by a certified civil
engineer or land surveyor in ink on an approved durable tracing medium
at a scale of 1"= 100' unless a different scale is approved by general
rule for classes of cases or by the Planning Director in a particular
case. All original tracings shall be presented at-ene-of between the
following sizes: x ii"
and 18" x 24". Lettering shall be no less than 1/10 inch or 2.54 mm.
in height. Lettering and line weight shall be no less than .013 inches
or .3302 mm. Letter and line spacing for contrb] pencil drawings shall
be no less than .050 inches and for ink drawings no less than .040
inches. When more than one sheet is required, all sheets shall be
u@mb@red and of the same size, with match marks to guide preparation if
composite maps, and an index map on a sheet of the same size as the sec-
tional maps shall be filed, which shall show, among other things,
sectional map numbers, all lot and block numbers, and street names. In
addition, a small scale location map showing the property shall be re-
quired. The final plat shall show the following data, and shall be
completed and processed as indicated.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8 day of October 1984.
AP@ AS TO CON-$Et\,T
@ORM,
c;CrJAl URE
CITY ATTOKNEY
October 8, 1984
- 24c -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8.4 OF THE SUBDIVISION
REGULATIONS, APPENDIX B OF THE CODE
OF THE CITY OF VIRGINIA BEACH
PERTAINING To FEES FOR VACATION OF A
PLAT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8.4 of the Subdivision Regulations be
amended and reordained in part as follows:
Any application for the vacation of a plat or part
thereof shall be accompanied by a fee of
one hundred dollars ($100.00) to cover the cost of
processing.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of October 19 84
JAR/re
6/1/84
(G)
October 8, 1984
- 25 -
Item II-H.12
PLANNING ITEM # 22606
Attorney Grover Wright represented the applicant and requested that City
Council ALLOW WITHDRAWAL of the application.
Attorney William Wahab represented Citizens Against Incompatible Rezoning,
and referenced that they did not want the applicant to proceed with this
application again ADMINISTRATIVELY through the regular City channels
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City
Council ALLOWED WITHDRAWAL of the application for an Amendment to the PD-H2
LAND USE PLAN for SAJO FARM subject to the condition that in the event
the applicant should make an effort to apply for a zero lot line side yard
setback change from eight feet (8') to ten feet (10') for each side yard
and zero lot lines for the otber yard, the Staff would not be allowed to
make any administrative decisions without prior consideration of City
Council for SAJO FARM located along the east side of Baker Road beginning
at a point 168.24 feet south of Anthony Lane. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 26 -
Item II-I.1
ORDINANCE ITEM # 22607
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED an Ordinance, on FIRST READING, to appropriate funds of $167,900
from the General Fund Balance for the updating of the MUNICIPAL CENTER
MASTER PLAN.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 26a -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $167,900 FROM THE
GENERAL FUND BALANCE FOR THE
UPDATING OF THE MUNICIPAL
CENTER MASTER PLAN
WHEREAS, the present master plan for the development of the
Municipal Center was developed te. years ago, and
WHEREAS, the municipal center and surrounding area has
developed more rapidly than anticipated, and
WHEREAS, City staff has prepared a Request for Proposal
(RFP) and has recolved proposals for a new master plan, and
WHEREAS, based on the proposals received, It Is the recom-
mendation of the selection committee that the contract be
awarded to the firm of Waller, Todd and Sadler, and
WHEREAS, funds of $167,900 are noeded for the development
of the master plan.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $167,900 be appropriated
fro@ the General Fund Balance to create a capital project for a
new master plan for the development of the Municipal Center.
BE IT FURTHER ORDAINED that the City Manager is hereby
authorlzed to enter Into an agreement with Waller, Todd and
Sadler for the d.@elopment of the aster plan.
Thls ordinance shall be effective from the date of Its
adoptlon.
Adopted by th. Council of the City of Virginia Beach,
Virginta on day of 1984.
FIRST READING: October 8, 1984
SECOND READING:
ORIGINAL/20
October 8, 1984
- 27 -
Item II-J
CONSENT AGENDA ITEM # 22608
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION, Items 1, 4, 5, 6*, 7, 8, 9, and 10 of the CONSENT
AGENDA.
*Item No. 6 WAS DEFERRED INDEFINITELY.
Item No. 2, and Item No. 3 were voted upon separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 28 -
Item 11-J. I
CONSENT AGENDA ITEM # 22609
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED a Resolution authorizing conversion of a NONCONFORMING USE located
at 3003 Atlantic Avenue (property of JG&R, a Virginia General Partnership).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Earold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 28a -
RESOLUTION AUTHORIZING CONVERSION OF
A NONCONFORMING USE LOCATED AT 3003
ATLANTIC AVENUE (PROPERTY OF JG&R, A
VIRGINIA GENERAL PARTNERSHIP)
WHEREAS, JG&R, a Virginia general partnership, desires
to convert to an ice cream parlor a 360-square-foot portion of an
existing, nonconforming game room located on its property at 3003
Atlantic Avenue, Virginia Beach, Virginia. The location of the
proposed ice cream parlor is shown as the shaded area on that
certain survey entitled "PHYSICAL & TOPOGRAPHICAL SURVEY OF
'SEASIDE AMUSEMENT PARK' BEING ROTS 1 THRU 6 - BLOCK 73 VIRGINIA
BEACH DEVELOPMENT CORPORATION" (the "Survey"), a reduced copy of
which is attached hereto and made a part hereof; and
WHEREAS, the existing use and proposed use do not
conform to the provisions of the Comprehensive Zoning Ordinance
because game rooms and ice cream parlors, respectively, are not
allowed in the H-2, Hotel District except as an accessory use to
a hotel; and
WHEREAS, pursuant to SS105(e) of the Comprehensive
Zoning Ordinance, City Council may authorize conversion of one
nonconforming use to another nonconforming use if Council finds
the proposed use is equally appropriate or more appropriate to
the zoning district than is the existing nonconforming use.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that conversion of a
portion of a nonconforming game room to a nonconforming ice cream
parlor is equally appropriate or more appropriate to the zoning
district in which the proposed use is located than is the exist-
ing nonconforming use; and the City Council hereby authorizes
conversion of a 360-square-foot portion of the nonconforming game
room located at 3003 Atlantic Avenue, Virginia Beach, Virginia,
to a nonconforming ice cream parlor. The location of the
proposed ice cream parlor is shown as the shaded area on the
Survey, a copy of which is incorporated herein by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 8, 1984
October 8, 1984
Ci/da
10/1/8 4
(3)
28b
A 7LAN7'IC OCEAN
CONCRErE
BOARDWALA'
'ArN
A@ I
61 C@ 8 I.A@E
16 14
ArLAN7'IG AVENUE (60@
10,Y)'SICAL iS rOPOGRAPlilCAL SURVEY
o,
'SEASIDE AAfusEAfENr PARK -
BEI@a
Lors / rNRu 6 - &LocK -j
VIRGINIA BEACH DEvELop,-M,,,,
4.,A.rz-, e.6
IAC@
October 8, 1984
- 29 -
Item II-J.2
CONSENT AGENDA ITEM # 22610
C. Oral Lambert, Jr., Director of Public Works, responded to Council's
inquiries concerning this Ordinance
Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City
Council ADOPTED an Ordinance to transfer Capital Project Funds of $61,410
to Project 2-412 VIRGINIA BEACH BOULEVARD.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 29a -
AN ORDINANCE TO TRANSFER
CAPITAL PROJECT FUNDS OF
$61,410 TO PROJECT 2--412
VIRGINIA BEACH BOULEVARD
WHEREAS, the Department C)f Public Wc)rks ha8 negotiated
an Agreement of Sale for two parcels of property owned by Anthony
and Irene Ga2;-otos, and
WHEREAS, the aettlement is bazed on two separate appra@-aai-S
with the State participating in the cost of one parc,-,l that
is needed for improvements to road project 2-412 Virginia Beach
Boulevard and the city assuming the total cost of the
second pctrcel, and
WHPREAS, the city desires to purchase the --econd parcel
to acqliir@ a large drainage easement for future develpmetit
a proposed canal, and
WHE-:PEAS, the co5t of the second p*rcel i5 $52,000 and
2-412 Virginia Beach Boulevard has a current
dc-iicit of $9,410 for a total funding request of $61,41(,-, Anli
WHEREAS, the iiecessary funding may be trnnsf@rr@-d 1,@:
project 2-712 Dredging Eastern Branch of Lynnhaven River due
to the iriact@-ve status of this project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that capital project funds of $61,410 be
transferred from project 2-712 Dredging Eaztern Branch of Lynnhavon
River to @roject 2-412 Virginia Beach Boulevard to eliminate
the current deficit in the road project and for site acquisition.
BE IT FURTHER ORDAINED, that the City Manager is hereby
authorized to execute an Agreement of Sale attached hereto with
Anthony and Irene Galiotos for the above subject property.
Adopted by the Council of the City of Virginia Beach on
the - 8 ... day of__October 19 84
-------------------------
Qctober 8, 1984
- 29b
Parcol 417
Projeco 0058-134-101, RW-203
AtelSiteet Virginia Beach Boulevard
Baromeb Lynnhaven
city o/ virssaid seack. virlinis
irkis,&grttmtulof,$&It, Ma& this -day al ig
by ANnioNY S. CALTOTOS and IRENE A, GALTOTOS, His Wi fe
hwoindtw mtomd to as "Imdorn-*# even @gh AWO @ One. and the City of Virdinis 8@ a M@@PW
cmwagion of IM @onr*Wsh 01 Virgjni44 h-oiiwtor mimrod to " Iciy...
jgilltS$tik: 7Uttorndinewaidwmioneianedollar@odwv&IOWO@d-d@
maipt 01 which is hor*by @ledged. the -.0ty'. agm" to buy md the "i I dwass to foli. k"
@ all Jims. all his rights "W interosts in me following de@@ land tog*LW wilb all is to the
City by dood of loneral warrancy, PIOP-IY Oxecuted, ack-wiedi" and doliverod with w" comm(4 at dde,
k" loom all oncuohrmc@
rho land and i@v""Ia subject to this AW-i 01 a4f - @bed " kilow4:
All that certain lot. tract or parcel of land together with improvewnts
thereon belonging, lying, situated and being in the City of Virginia Beach.
Virginia and designated and described as: "PROPERTY TO BE ACQUIRED
AREA - 16,7S4 SQ. Fr." as shown on that certain plat entitled: "PLAT
SHOWING PROPERTY AND EASEMENTS TO BE ACQUIRED By THE CITY OF VIRGINIA B@,
FROM ANTHONY S. & IRENE A. GALIOTOS LYNNHAVEN BOROUGH--VIRGINIA BEACH,
VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF
PUBLIC WORKS CITY OF VIRGINIA BEACH. VIRGINIA DATE: AUGUST 14, 1984
SCALE; I" - 501".
Together with the peraanent right and easement to use the additional areas
shown on said plat as being required for the proper construction and main-
tenance of drainage facilities and containing 34.488 square feet.
Together with the temporary right and casement to use the additional areas
shown on the aforesaid plat for construction cut and/or fill slopes as being
required for the proper execution and maintenance of work, containing 1.506
square feet. Said easement will terminate when the City grades the property
adjacent to the lands to be conveyed so that there no longer @sts the
necessity for maintenance or until such tiae all construction has terminated
and the City accepts the work as being completed.
The cowl @aidormion I" the conyoy-ce provided tor hwein* is m OWIDWN
tjytjrry-NTNF THOUSAND ONE HUNDRED THREE DOLLARS ($99,103@00) in full
CONSIDE)TATION:
for land, permanent drainape easement. nor," r,n@t
D nts thereon and any and all dam.os
October 8- IQRL -
- 29c
CL4U$E NO. I
WidA*ld =Lit t" pmwa" have 0 with aw twa0la thats
mw MM* to notify an Adent 0 and to Mm the keys ovw
so a @entative who wift atter OW is is "dafadary to
dWiww me @mng pare 01 am considerastan withhold.
CLAUSE NO. 2
"It to @atood and @ by the l@ner that Buil@ within or an ng upon lbe proposed riaht
ai way h"n d@bed *Mll be mmved by the ldndowner within days (not to .90 doys)
bm date of cm&act &Dd &at die conaideration for val in iM @t *l f MWI be vi&
hold by tho City mtil amid btdlcfinga havo of way. Ii ia Awthw md@
abod and @ d!ot it bcIcUngs we not t" Will @
tsit hwh dio @d * ow be rsmvod or dmwi@
forthwith by the City or her agen@
CLAUSE NO. 3
'Ii is mder4tood md &&ood b7 the lm&wner ho is to v&cot* dad @ve all Par@ propwty "a t"
buildinga within or an@ing days (ime
d"cribod vi
to o@ 90 days) @ dmto of
CLAUSE NO. 4
'It is @stood aW Ar light ot
way hor*m deacnbod xw .90 days)
rthi.
b.
bm dato 01 conbect."
CLAUSE NO. 5
'It is @s@ by th* landownor LW BWI&ng (a) No.
is @ted pard&lly an tho right mmirual prop-trot the l@wnor.
rho l@wnw hereby agreas hi to allow iho Cily or its agents or @
tractors to remv* the entore bu to@ay m Is as may 0
be noc
CLAUSE NO. 6
"Tho lm&wner by his this ing@t agrow Lil-t gmto the
I 1-@. 1-kiiho - y an ""mme for its
@lities moaa hia m"nl6l'Mn2a and odj"mt to th* now right of way similar in &U mopects to @ which
it @ @i0ye. upm the ---Pe@ce ol this ag@nt of sWe by the City as herainatter w"id*4 do aaid utility
MOPMY. its employ"&. agents. or contractors aholl h"o dn right to enfor upon the Mads of the l@wner in
@ to p=sod with the rwocation of said @lities, @ng the omplotion ot tho grmt Callod for h@sk
CLAUSE NO. 7
'7t ia spocifically understood IM A vacato4 mmo of the mwty io to he mwvod
do property unless poi@
CLAUSE NO. 8
I'lu l@wner said land for any and all dmq" md
towt awy Butior horounder and by @ of the a4d ow
posed constmctic all claims dot aWy bo "& by -d
iftmt by ro"on *l such -voy-- -dl" conatructiom
CLAUSE NO. 9
"The City, or its ag-ta, -y -o,6&o tho right to entor @ dos aaid propwty tor hO
noco"my /or the conatruction of this proj*ct without turthor notice to th* )@ner."
October 8, 1984
29d
10
"Them ham bom no otbw @-8, -p-tati- -& which we not oft @ in &his in.
CL4VSE NO. IJ
,,7u cmaidwaden @m&ve awtioned reproments the valas ot all "tat" or intw"ts in I&* and do
10 -"nmg l@ of the l@wner which @y mWt by r"am of as U" to which LU cily Will put
&" @ go be cmvoy" 7lis l@wner &green to -opt kie lodatly P-p-dmwo @o to @ U"
sidwelion lcr his intmost md rights in die @d 11"
CLAUSE NO. 12
"In do omt the @owner is @e to cmvoy @*aU@ dtis 90 00 CitY h@ provida4 oW 4* City
@d elect to inaiitace cmdmwdcn proco"nga tor the @ ot acquiting titl@ to such l@ it is mgeed
by Am I nor &Mt two im@t "Y b* in in nos as ovidence a/ d#@ vaio ol I,,d
md @@ it my,. to do @ning prowly of the I
CEAV$z NO. 13
"The l@aw hmeby cov@to md &groos for himooll. his hwra and a"igne and aucc"~., duw th*
sideradon hwein ~dm" &Wl be iD li@u 01 anY @ all d&ins to @aotion and @. by roaam f t"
lo"tion, adnatnwgicw ow awat@ *l tb* highway or O&W ploject by @ city, incl"ng @ W@
@iiii" as MY be , ow thst @ CitY &WI hd- 60 light to anter upon and tske p""@.n .1 L%@
@ pnor to 'ho oxomtion and dativwy of tho doed which i* to be oxomgod in the @want this a*@t ai sag
is "CL "
Irien"a the following signot@ ow &*sis:
C"y OF U BEACK VIMNIA
13y:
LANDOWNER
SFAL)
ified 48 to A vaiubility APPROVED AS TO CONTENT APPROVED AS TO FORM
Isl 1. Dale Sinson
cgor of Fin~# (Datei City Attomey
October 8, 1984
Eloo
I OD
CD
tD
CD
C)
:D
M
(A
rn co
z-
0
October 8, 1984
- 30 -
Item II-J.3
CONSENT AGENDA ITEM # 22611
C. Oral Lambert, Jr., Director of Public Works, responded to Council's
inquiries concerning this Ordinance, with particular emphasis on the
Storm Drainage Endwall
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an,Ordinance to transfer Capital Project Funds of $15,400 to
Project 2-997 INDIAN LAKES BOULEVARD EXTENDED.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf*
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
*Verbal Nay
October 8, 1984
- 30a -
AN ORDINANCE TO TRANSFER CAPITAL
PROJECT FUNDS OF $15,400 TO PROJECT
2-997 INDIAN LAKES BOULEVARD EXTENDED
WHEREAS, on August 1, 1983, City Council provided
funds for the development of Indian Lakes Boulevard from
south of Halifax Drive to Indian River Road, and
WHEREAS, the city entered into an agreement with Urban
Associates - Three for the con8truction of this project, and
WHEREAS, the estimated cost of the storm drainage end-
wall provided in the contract was $9,000 and the low bid
received by Urban Associates - Three for the work was
$24,400, and
WHEREAS, Urban Associates - Three is requesting an
adjustment of $15,400 in the contract price due to this
underestimate in the cost of the endwall, and
WHEREAS, the Department of Public Works has reviewed
the request and believes the adjustment is warranted, and
WHEREAS, the necessary funds may be transferred from
excess funds in completed capital project 2-939 Dozier's
Bridge.
NOW, T14EREFORE, BE IT ORDALNED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $15,400 be
transferred from pro,ject 2-939 Dozier's Bridge to project
2-997 lndian Lakes Boulevard Extended to cover the addi-
tional cost of the storm drainage endwall.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on Eighth day of October 1984.
ORIGINAL/30
AP-@RO'.IED AS
October 8, 1984
THlS AGREEMENT, made this 22nd day of June, 1983, by and
between URBAN ASSOCIATES-THREE, a Virginia general partnership
consisting of Larrymore Organization, Inc., a Virginia corpora-
tion, and The Warbux Company, a Virginia general partnership,
hereinafter referred to as the "Owner", party of the first part,
and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, hereinafter referred to as the "City",
party of the second part.
WHEREAS, the Owner is the developer of 465.21 acres, more
or less, of land in the Borough of Kempsville, City of Virginia
Beach, Virginia, commonly known and designated as the Subdivi-
sion of Indian Lakes, reference being made to that certain deed
of Virginia National Bank, dated June 30, 1976, duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 1578, at page 254, 'for a more
particular description thereof; and
WHEREAS, the City has adopted a Major Right-of-Way
Improvement Policy which is to apply to all roads on the City's
Master Street and Highway Plan projected to pass through or abut
a proposed development; and
WHEREAS, the Owner is willing to dedicate to the City that
part of the proposed right-of-way for Indian River Road and
Indian Lakes Boulevard which lies within the Subdivision of
Indian Lakes as shown on that certain plat entitled "Plat
Showing Dedication of a Portion of INDIAN LAKES BOULEVARD and a
Portion of INDLAN RIVER ROAD to the City of Virginia Beach,
Virginia from Urban Associates-Three" signed by John R.
Saunders, Ill, C.L.S., on April 12, 1982, prepared by Talbot &
Associates, Ltd., Engineers-Architects-Planners-Surveyors, Vir-
ginia Beach, Virginia and recorded or to be recorded in the
-2-
Clerk's Office of the Circuit Court of the City' of Virginia
Beach, Virginia, a copy of which is attached hereto as "Exhibit
A"; and
WHEREAS, Indian River Road and Indian Lakes Boulevard are
included on the City's master Street and Highway Plan; and
WHEREAS, the City has determined that part of the length of
Indian Lakes Boulevard is necessary to provide immediate access
to the proposed project and that the Owner will be given credits
for all expenditures in excess of what it would cost to
construct a standard city street; and
WHEREAS, the City is requiring the owner to design and
construct, in accordance with plans and specifications approved
by the City, two lanes of the ultimate section of Indian Lakes
Boulevard as required by the City's Major Right-of-Way Improve-
ment Policy; and
WHEREAS, the City is willing to participate with the owner
in the construction of said road and related improvements
subject to the following terms and conditions:
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in
consideration of the premises and the mutual covenants and
undertakings of the parties of this agreement, the parties
hereto mutually agree each with the other as follows:
I
1. The Owner agrees to perform, or cause to be performed,
such clearing, grading, street improvements, storm drainage,
engineering and surveying as may be necessary to construct
Indian Lakes Boulevard from south of Halifax Drive (Station
14+80) to Indian River Road (Station 25+50) in accordance with
the following drawings which were prepared by Talbot A
Associates, Ltd. and approved by the City:
- 3 -
a. Construction Plans of INDIAN LAKES Section
J-2, Indian Lakes Boulevard (Station 14+80 to Station
19+30), approved AuguSt 13, 1980.
b. Constroction Plans of INDIAN LAKES BOULEVARD
Station 19+30 to Station 25+50, approved February 22,
1982.
2. The construction costs shall be construed to cover all
necessary labor, materials, engineering, testing and inspection
fees, bonding and costs incident to said project whether
performed by the Owner or by the Owner's subcontractors. Should
the Owner or City request a modification of the plans referred
to @n paragraph I above, and if requested by Owner and the City
approves such revision, resulting in an increase or decrease in
quantities, the amount prorated between the Owner and the City
will be adjusted as hereinafter provided in paragraph 7 hereof.
3. To facilitate the construction of said road as
described in paragraph I of this agreement, the Owner has
dedicated, or agrees to dedicate, to the City the necessary
right-of-way within the Indian Lakes Subdivision for Indian
River Road from Indian Lakes Boulevard to the Owner's southern-
most property line and Indian Lakes Boulevard from a point south
of Halifax Drive to Indian River Road.
4. The Owner agrees to furnish, if required, a Perfor-
mance Bond with Corporate Surety, Letter of Credit, or other
security approved by the City Attorney in an amount equal to the
work to be completed, which bond shall remain and be in full
force and effect until a final inspection and approval of the
work by the City; however, the amount of such bond shall be
subject to reduction, from time to time, as the work is
performed. The cost of such bond or any other bond or bonds
required by the City shall be included as a cost of the project.
-4 -
5. The Owner covenants and agrees that the work'described
herein shall be fully completed twelve (12) months after the
execution of this agreement by the City.
6. The Owner agrees to perform the work in accordance
with the construction plans and specifications prepared by
Talbot & Associates, Ltd., and at the unit prices shown on the
Tabulation of Construction Cost.for Indian Lakes Boulevard dated
June 22, 1983, attached hereto as "Exhibit B".
7. The Owner agrees that with respect to Indian Lakes
Boulevard it will, at its cost and expense, bear the first One
Hundred Twenty-three Thousand Seven Hundred Ten Dollars
($123,710) of cost (based on 1,070 lineal feet x $103 per lineal
foot = $110,210, plus one-half of the cost of Item C-5, 6011
R.C.P. - $13,500), and the City agrees that it will pay to the
Owner the balance of the cost, in the amount of One Hundred
Eleven Thousand Four Hundred Ninety-five and 87/100 Dollars
($111,495.87), based on the quantities and unit prices shown on
"Exhibit B" hereto attached. Should the quantities be increased
or decreased, or items deleted o, added, the amount paid by the
City shall be adjusted accordingly.
8. After expending its share of the first costs, the
Owner will thereafter submit a monthly or other periodic
requisition for the quantity of work performed, and it is
expressly understood and agreed that the City will make payment
thereof within twenty (20) days after receipt of such requisi-
tion.
9. The City agrees that after completion of the work that
such improvements shall become a part of the City's street
system and the City shall thereafter be responsible for the
maintenance and repair of such improvements.
-5-
10. It is further understood and agreed by the parties
hereto that this agreement shall be construed, interpreted and.
applied according to the laws of the State of Virginia and shall
be binding upon the heirs, personal representatives, executors,
devisees, and administrators, successors, grantees, and assigns
of the parties hereto.
IN WITNESS WHEREOF, URBAN ASSOCIATES-THREE has caused its
name to be hereunto signed by one of its General Partners, THE
WARBUX COMPANY, by Stanley Waranch, a General Partner, and the
CITY OF VIRGINIA BEACH has caused its name to be hereunto signed
by its City Manager and attested by the City Clerk, duly
authorized.
URBAN ASSOCIATES-THREE,
a general partnership
By: THE WARBUX COMPANY,
a general partnership
By:
GE
CITY OF VIRGINIA BEACH, VIRGINIA
By:
Ci y Manager
ATTEST:
(SEAL)
ity Clerk
-6-
State of Virginia
City of Virginia Beach, to wit:
1, Kaye B. Horan, a Notary Public in and for the State of
Virginia, do hereby certify that Stanley Waranch, a General
Partner of The Warbux Company, a General Partner of Urban
Associates-Three, a general partnership, whose name as such is
signed to the foregoing writing, bearing date the 22nd day of
June, 1983, has acknowledged the same before me in said City and
State aforesaid.
GIVEN under my hand this _ day of July, 1983.
Notary Pub ic
MY Commission expires: April 25, 1987
State of Virginia
City of Virginia Beach, to wit:
I, a Notary Public in and
for the State of Virginia, do hereby certify that Thomas H.
Muehlenbeck and Ruth Hodges Smith, City manager and City Clerk,
respectively, whose names as such are signed to the foregoing
writing, bearing date the 22nd day of June, 1983, have
acknowledged the same before me in said City and State
aforesaid.
GIVEN under my hand this _ day of July, 1983.
Notary Pub c
My Commission expires:
Exhibit A
lbj
2
50.
rill
w a
@;lv I
13'
if
All
4.1
9 t
itly
15
ell
EXHIBIT B
Jun. 22, 1983
TABULATION OF CONSTRUCTION COSTS FOR INDIAN LAKES BOULEVARD PRO14 SOUTH
OF HALIFAX DRLVE (STA. 14.80) TO INDIAN RIVER ROAD (STA. 25+50)
The follo.ing tabulation is i, a ... rdance with approved construction plans for Indi.,,
L-ke. Boule@ard as sho.n on the drawi.gs for Indian Lakes, Section J-2, approved Aug.
13, 1980, and for Indian Lakes Boulevard pp@oved Feb. 22, 1983, t, be revi,ed t,
pr.vide for 60- RCP (Ite. C-5 belo.), inst.ad of 72' RCP as shown on said dra.ings.
ITEM DESCRIPTION QUAN./UN. UNIT COST TOTAL COST
A. Grading:
1. Excavation (to design subgrade
a.d s.ales) & Off site disposal 3,851 CY 4.00 $ 15,404.00
2. Select fill (for ditch &
roadway) 228 CY 4.50 1,026.00
3. Exist. pavement to be obsc,red
& off site disposal 711 SY 3.00 2,133.00
B. Street Impro@e.ents:
1. 1-112' bit. conc. surf. S-5 6,072 SY 2.50 15,180.00
2. 4-1/2' bit. conc. base 8-3 6,002 SY 6.62 39,733.24
3. 6' sail ce..nt stabilization 5,396 SY 3.75 20,235.00
4. 6' (Type I or it gg.) 70 SY 4.50 315.00
S. 9' (Type I or II agg.) 606 SY 6.75 4,090.50
6. V.D.H. CG-6 840 LF 6.50 5,460.00
7. V.D.H. CG-2 425 LF 6.00 2,550.00
8. V.a. CG-1 26 LF 6.00 156.00
9. V.D.H. MS-IG 365 LF 16.00 5,840.00
10. 4' x 4' conc. sidewalk 815 LF 5.75 4,686.25
11. curb ra.p type 'A' 1 EA 150.00 150.00
12. Curb ra.p type 'B- I EA 140.00 140.00
13. Erosion & sedimentation control 2 AC 500.00 11000.00
a. Cleaning pad LS 500.00 500.00
b. Grade/seed LS 1,500.00 11500.00
14. V.S. Type Ill barricade I EA 350.00 350.00
15. VDHT ED-1 d@lineators 5 EA 30.00 150.00
16. Street lights (175W) I in,tallatiln
(Actual Cost) 3 &A 850.00 2,550.00
17. Street light. - 1st year
op.rating co.t (Actual Cost) 3 EA 105.72 317.16
18. VDHT GR-1 g.ard r,il
& etal posts 200 LF 10.00 2,000.00
19. VDHT GR-5 nd treatmenl I EA 450.00 450.00
20. Street na.e astop signs
(A.tual Cost) I EA 100.00 100.00
21. Adjust rim of exist. SS anhole I EA 150.00 150.00
C. Storm Drainage
1. 15' R.C.P. 55 LF 13.00 715.00
2. 18' R.C.P. 70 LF 17.00 11190.00
3. 24' R.C.P. 73 LF 20.00 1,460.00
4. 30' R.C.P. 407 LF 27.90 11,355.30
5. 60- R.C.P. 270 LF 100.00 27,000.00
6. Sgl. catch basin 3 EA 1,500.00 4,500.00
7. Dbi. catch basin I EA 1,600.00 1,600.00
8. V.D.H. DI-I 1 EA 750.00 750.00
9. Flared end sec. 24- 1 EA 253.00 253.00
10. C..@e@t MH to dbl c.b. I EA 900.00 900.00
11. Endw.11 I EA 91000.00 91000.00
12. Sediment traps @ S.D. inlets 4 EA 30.00 120.00
Subtotal Construction: 185,009.45
D. Engineering & Sur@eying 1,070 LF 13.50 14,445.00
E. Bonding (As Req.ired by City) 4,500.00
P. City Inspections (Act.,l C,,t) 1,500.00
G. Soils Testing 10 DAYS 200.00 2,000.00
H. Supervision & Ove,head
(151 of Construction) 27,751.42
Total $235,205.87
- 31 -
Item II-J.4
CONSENT AGENDA ITEM # 22612
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED the following Ordinance:
ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-129, 2-130, 2-131,
2-132, 2-133, 2-134, 2-136, 2-137, 2-138, and 2-139 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO
GRIEVANCE PROCEDURES FOR CITY EMPLOYEES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONs 2-129, 2-130, 2-131, 2-132,
2-133, 2-134, 2-136, 2-137, 2-138,
AND 2-139 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO GRIEVANCE PROCEDURES FOR CITY
EMPLOYEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 2-129, 2-130, 2-131, 2-132, 2-133, 2-134,
2-136, 2-137, 2-138, and 2-139 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained
pertaining to grievance procedure as follows:
Section 2-129. "Grievance" defined; determination of
grievability.
(a) A "grievance"
shall be defined as a complaint or dispute by an employee
relating to his employment, including, but not necessarily
limited to the following, and excluding matters listed in Section
(b) below:
(1) Disciplinary actions +nvelvinet including
dismissals, demotions and suspension, provided that dismissals
shall be grievable whenever resulting from formal discipline or
unsatisfactory job performance.
(2) Concerns regarding the applications, meaning
or interpretation of personnel policies, procedures, department
of personnel approved rules and regulations.
(3) Acts of reprisal as the result of utilization
of the grievance procedure, including reprisal as a result of
participating in another employee's grievance.
(4) Complaints of discrimination on the basis of
race, color, creed, sex, age, er handicaps-, political affiliation
or national origin.
(b) Complaints shall not be grievable under-this
div4s4en7 where they involve:
(1) Establishment and revision of wages or
salaries, position classifications or general benefits.
(2) Work activity accepted by the employee as a
condition of employment or work activity which may be reasonable
reasonably expected to be a part of the job content.
(3) The contents of ordinances, statutes or
established personnel policies, procedures or department of
personnel approved rules and regulations.
(4) Failure to promote, except where the employee
can show established promotional policies or procedures were not
followed or applied fairly.
(5) The methods, means and personnel by which
work activities are to be carried on.
(6) Bischarqe Termination, layoff, demotion or
suspension from duty because of lack of work, reduction in work
force or job abolition.
(7) Management's rights as outlined in Section
2-139.
(c) If there is a question of grievability, either the
grievant or management must contact the director of personnel
immediately and in writing to request a determination of
grievability. The question of grievability may only be raised
once the grievance has been placed in writing (step 2), but prior
to the convening of the personnel board hearing
4+@ The decisions regarding whether or not a matter is grievable
shall be made by the city manager or the director of personnel
within ten-f+g+ fourteen (14) consecutive calendar days of the
receipt of the request in writing. The decision of the city
manager or director of personnel as to grievability may be
appealed to the circuit court of-the-city pursuant to state law
for a hearing de novo within ten (10) calendar days. The circuit
court's decision on the issue of qualifying for a board hearing
is final and is not appealable.
-2-
Section 2-130. Time limits.
r-ted" eftnedt
The five-f5@ various consecutive calendar working day
periods referred to throughout this-division these ordinances
will include all leave,
holiday, and unauthorized absence time, as well as normal work
days and weekend days for all employees.
Section 2-131. Types of Grievances.
Grievances
pertaining to dismissal, demotion and suspension for more than
five-+S+ forty (40) consecutive working hours days shall be
defined as Type A grievances. All other grievances shall be
defined as Type B.
Section 2-132. Eligibility to utilize grievance procedure.
All full-time permanent and part-time permanent City
merit employees, as defined in section 2-76, and all full-time
permanent and part-time permanent employees of the constitutional
offices (excluding elected officials) by written consent of the
elected official shall be eligible to utilize all phases of the
grievance procedure set forth herein.
All full-time permanent
and part-time permanent employees of the department of mental
health and mental retardation who are terminated on the grounds
of patient abuse shall be eligible to utilize the grievance
procedure only up to and including step 4 (city manager).
Thereafter, the employee may proceed as indicated in Section
2.1-.114.5:1 of the Code of Virginia, 1950, as amended. All merit
and constitutional office employees (excluded elected officials)
whose employment status is part-time temporary, part-time
probational, full-time temporary and full-time probational, shall
be eligible to utilize such procedure only up to and including
step 4 (city manager) involving Type B grievances. For the
purpose of this section, a probational employee shall be defined
-3-
as an employee who has yet to COmplete the initial six (6) months
of employment with the city for
p.rt-time employees), and terminating on the e ee's
annive sary date, with the exception of police and fire positions
in which designated employees serve a one year initial
probationary period which follows any original employment or
reemployment and terminatinq on the emplovee's anniversary date.
At no time shall any part-time temporary, part-time probational,
full-time temporary or full-time probational employee be allowed
to appeal a Type A grievance. All permanent police officers who
elect to follow the police officers bill of rights to-air-their
shall not be eligible under the
procedure provided herein
Section 2-133. General grievance procedure - Type A grievances.
Type A grievances pertain to dismissal, demotion, or
suspension for more than forty (40) working ours,
(a) Type A grievances may only be appealed directly to
the personnel board.
(b) Written notification of the intent to appeal a
Type-A-grievenee to the personnel board must be received by the
secretary of the personnel board within five-fs@ ten (10)
consecutive working alendar days of the notification te
of the employee's dismissal, demotion or suspension for more
than forty (40) working days hours. Upon
notification of the grievant's intent to appeal, the secretary of
the personnel board (or designee)- shall arrange the time and
place of the hearing and notify all affected parties of
this within fourteen (14)-
consecutive calendar days.
(c) Unless otherwise agreed, the personnel board
hearing on-a-Type-A-grievanee shall be scheduled i-m-arder-to
-4-
aliew-a-maximtm-ef no later than twenty-+29@ thirty-130)
consecutive calendar days
from the end of the aforementioned fourteen (14) consecutive day
period. Should the secretary of the board determine that an
employee is continually noncooperative or is not appropriately
following the personnel board procedures, prior to the convening
of the personnel board,
hearing-Lgreeedure5T-he the secretary of the board shall send
written notification to the employee specifying employee's
noncompliance and allowing the employee five (5) consecutive
working days to comply with the procedures of the personnel
board. If the employee does not comply within five (5)
consecutive working days with the personnel board procedures_
after receipt of the written notification, the secretary of the
board shall have full authority to cancel the hearing and the
employee shall forfeit all rights to such a hearing.
(d) The personnel board's decision regarding Type A
grievances shall be final and binding and shall be consistent
with law and written policy. Either the grievant or management
may petition the circuit court for an order requiring
implementation of the decision of the personnel board.
Section 2-134. Same - Type B grievances.
Type B grievances are only those other than issues
pertaining to dismissal, demotion, suspension for more than forty
(40) consecutive working hours.
(a)fb+ Step 1. The aggrieved employee (grievant),
shall discuss the grievance with the immediate supervisor within
ten (10) consecutive calendar days
from the date of its occurrence or knowledge of its occurrence.
-5-
The immediate supervisor must verbally reply to the grievant
within ten (10) consecutive calendar
days of the date of this discussion.
(b)@e+ Step 2. If the grievance is not settled
verbally in step 1, the grievant may, within
werking ten (10) consecutive calendar days of the immediate
supervisor's verbal reply, submit the grievance in writing to the
same supervisor on a "grievance statement and remedy form"
available from the department of personnel or any city-owned
information bulletin board. The immediate supervisor must reply
in writing to the grievant on the "grievance reply and remedy
form" within ten (10) consecutive
calendar days of receipt of the written grievance.
(c) id+ Step 3. If the grievance is not settled in
step 2, the grievant may appeal the immediate supervisor's
decision by forwarding the "grievance statement and remedy form"
to the department head within ten
(10) consecutive calendar days of the immediate supervisor's
response. The department head must meet and discuss the
grievance with the employee and the immediate supervisor, and
must reply in writing to the grievant on the "grievance reply and
remedy form" within fire-f5@-con"eutive-werking ten (10)
consecutive calendar days of the receipt of the written
grievance. If the immediate supervisor is the department head,
steps 2 and 3 are consolidated into a single step.
(d) ie+ Step 4. If the grievance is not settled in
step 3, the grievant may appeal the decision by forwarding the
.grievance statement and remedy form" to the city manager within
five-fS+-eensecutive-working ten (10) consecutive calendar days
of the department head's response. The city manager or his
designee may shall meet and discuss the grievance with the
employee, the department head and the immediate supervisor and
must respond in writing to the grievant on the "grievent
-6-
grievance reply and remedy form" within ten-f49@-een5eeutive
working fourteen (14) consecutive calendar days of the receipt of
the written grievance. If the immediate supervisor is the city
manager, steps 2, 3 and 4 are consolidated into a single step.
(e) -fi@ Step 5. If the grievance is not settled in
step 4, the grievant may appeal the decision to the personnel
board. The decisions of the personnel board shall be final and
binding and shall be consistent with law and written policy. The
.grievance statement and remedy form,' and the "grievance reply
and remedy form" must be sent to the director of personnel within
ten (10) consecutive calendar days
of the city manager's response. Upon notification of the
grievant's intent to appeal, the secretary of the personnel board
must arrange the time and place of the hearing and notify all
affected parties of such time and place within five-+S+
eensecut4ve-working fourteen (14) consecutive calendar days. The
personnel board hearing shall be scheduled in order to allow a
maximum of twenty-f29@ thirty (30) consecutive calendar days from
the end of the aforementioned fourteen (14) consecuti
period.
Either the
grievant or management may petition the circuit court for an
order requiring implementation of the decision of the personnel
board.
Section 2-136. Legal representation.
-Eeeh The grievant aha+i-be-alloweel may, at any step
beyond the first second step of the this procedure, preser4beel-by
thiS-diVi8'iOn7-te be accompanied or represented by an individual
of his choice which who may be legal counsel. Representation of
the grievant must be at the expense of the grievant. The city
attorney or a designated alternate attorney may serve management
or the personnel board at any step beyond the first second step
in the grievance procedure.
-7-
Section 2-137.
Failure to meet time limits and waivin" st:ps
procedur nd simultaneo us u. ot
open door policy and ;r?evance proce@ure.
(a) Should there be extenuating circumstances, the
secretary of the personnel board eart may alter the time limits as
set forth herein.
After the initial
filing of a written grievance, failure of either party to comply
with all substantial procedural requirements of the grievance
procedure without just cause will result in a decision in favor
of the other party on any grievable issue, provided the party not
in compliance fails to correct the noncompliance within five (5)
consecutive working days of receipt of written notification by
the other party of the compliance violation. Such written
notification by the grievant shall be made to the city manager.
Failure of either party without just cause to comply with all
substantial procedural requirements at the personnel board
hearing shall result in a decision in favor of the other party.
(b) The waiving of steps within the grievance
procedure is prohibited. Should a case of grievability be
appealed to the circuit court for review, a determination of
grievability by the court does not allow the waiving of the
remaining steps in the grievance procedure.
(c) An employee filing a grievance shall be able to
simultaneously utilize the Open Door Policy and the Grievance
Policy prior to step 2. Once the grievance has been placed in
writing at step 2, the grievant shall not simultaneously pursue
-8-
the Open Polic and Grievance Procedure on the same
issue.
Section 2-138. Freedom from reprisal.
An employee filing a grievance or participating in
another employee's grievance shall have the right to follow all
the steps of the grievance procedure with complete freedom from
reprisal.
Section 2-139. Management
rights.
Nothing in this division is intended to circumscribe or
modify the existing management rights of-the-e+ty to do the
following:
(1) Direct the work of its employees.
(2) Hire, promote, transfer, assign and retain
employees' positions within the agency.
(3)+4+ Maintain the efficiency of governmental
operations.
(4)@5@ Relieve employees from duties because of lack of
work.
(5)f6+ Take actions as may be necessary to carry out the
duties of the agency in emergencies.
(6)+4+ Determine the methods, means and personnel by
which operations are to be carried out.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of October 1984.
KJC/RHM/da
(MISC)
9/2 3/8 3
2/1/8 4
5/2 3/8 4
7/2/8 4
8/3/84
8/2 1/8 4
9/1 3/8 4
1 0/3/8 4
-9-
- 32 -
Item II-J.5
CONSENT AGENDA ITEM # 22613
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED the following Ordinances, on SECOND READING:
ORDINANCE TO APPROPRIATE $7,311,135 FOR THE FY 1984-85
SCHOOL CAFETERIA ENTERPRISE FUND BUDGET;
ORDINANCE TO APPROPRIATE FUNDS OF $5,647,141 FOR
THE CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY
SPECIAL GRANTS FOR SCHOOL YEAR 1984-85;
AND,
ORDINANCE TO APPROPRIATE FUNDS OF $2,256,800 FOR THE
FY 1984-85 SCHOOL TEXTBOOK RENTAL FUND BUDGET.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
32a -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$7,311,135 FOR THE FY 1994-85 SCHOOL
CAFETERIA ENTERPRISE FUND BUDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by the sale of
cafeteria meals require an appropriation of the local governing
body, and
WliEREAS, the Virginia Reach School Board has a cafeteria
meal program whereby meal income is deposited in a cafeteria enter-
prise fund and purchases of food and other related expenses are
paid from this fund, and
WHEREAS. the School Board has submitted a Cafeteria Enter-
prise Fund budget for FY 1984-85 in order to comply with the Attorney
General's opinion, and
WHEREAS, the Cafeteria Enterprise Fund budget approved by the
School Board on July 17, t984 included total revenues of $7,311,135
and total disbursements of $7,311,135 for fiscal year 1984-85.
NOW, THEREFORE, BE IT OPDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $7,311,135 be
appropriated for a School Cafeteria Enterprise Fund budget in the
manner approved by the School Board in its meeting of July 17, 1984.
BE IT FURTHER ORDAINED that this appropriation be
financed by Estimated Revenues in the Cafeteria Enterprise Fund
of $7,311,135.
This ordinance shall be effeclive from the date of its adop-
tion.
Adopted by the Council of the City of Virginia on the
8th day of October 1984.
PUBLIC HEARING: September 24, 1984
FIRST READING: September 24, 1984
SECOND READING: October 8, 1984
RATS/15-SCHOOLCAFE
A.;)Pr.'OVED AS TO CONTENT
Sl(;NA.TU'E
DEPAR(MENT
T(I FI)RM October 8, 1984
RNEt
a2b -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $5,647,141 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROCRAMS P[INDED BY SPECIAL
GRANTS FOR SCHOOL
CATEGORICAL
YEAR 1984-85
WHEREAS, the Virginia Beach School Board has been notified
that it will receive funds of $5,647,141 through special state
and federal categorical grants for Lhe school year 1984-85, and
WHEREAS, these funds were not included in the FY 1984-85
School Operating BudgeL approved by City Council, and
WHEREAS, the School Board at its meeting on August 21, t984
approved thia funding and requests that City Council appropriate
these funds, and
WHEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINLA that funds of $5,647,141 are
hereby appropriated for school purposes for FY 1984-85 under
the auspices of the following grants:
Grant Source Amount
Pay-for-Performance State $ 50,000
Remedial Education State 200,000
Chapter 1, P.L.97-35 Federal 3,508,908
Chapter 11, P.L. 97-35 Federal 423,947
Title VI-B.P.L. 94-142 Federal 1,429,753
Title VI-C.P.L. 94-142 Federal 22,236
Title VI-C.P.L. 89-313 Federal 6,096
Transition Program for
Refugee Children,
P.L. 96-212 Federal 6,201
Total State and Federal Categorical
Grants $ 5,647,141
BE IT FURTHER ORDAINED that this appropriation will be
financed by $250,000 estimated revenue from the Commonwealth and
$5,397,141 estimated revenue from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
This ordinance shall be effective for the fiscal year
beginning July 1, 1984.
Adopted by the Council of Lhe City of Virginia Beach,
Virginia on the Eighth day of October 1984.
Public Hearing: Septeniber 24, 1984
First Reading: Sdptember 24, 1984
Second Reading: nn@nbeg 8, 1994
October 8, 1984
- j2c
AN ORDINANCE TO APPROPRIATE FUNDS OF
$2,256,800 FOR THE FY 1984-85 SCHOOL
TEXTBOOK RENTAL FUND B(IDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by the rental of
textbooks require an appropriation of the local governing body,
and
WHEREAS, the Virginia Reach School Board has a textbook
rental plan whereby rental income is deposited in a textbook ren-
tal fund and purchases of textbooks and other related expenses are
paid from this fund, and
WHEREAS, the School Board has submitted a Textbook Rental
Fund budget for FY 1984-85 in order to comply with the Attorney
General's opinion, and
WHEREAS, the Textbook Rental budg@t approved by the School
Board on August 21, 1984 included total revenues of $2,256,800 and
total disbursements of $2,256,800 for fiscal year 1984-85.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $2,256,800 be
appropriated for a School Textbook Rental Fund budget in the
manner approved by the School Board in its meeting of August 21, 1984.
BE IT FURTHER ORDAINED that this appropriation be
financed by Estimated Revenues in the Textbook Rental Fund of
$2,256,800.
This ordinance shall be effective from the date of its adop-
tion.
Adopted by the Council of the City of Virginia on the
Li,hth day of Ort,h@, 1984.
PUBLIC HEARING: September 24, 1984
FIRST READING: September 24, 1984
SECOND READING: October 8, 1984
RATS/15-SCHOOLTEXT
APPROVED AS TO CO?ITENT
DEPARTMENT
IDAS I RM
I October 8, 1984
T,
CIT,A
- 33 -
Item II-J.6
CONSENT AGENDA ITEM # 22614
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED INDEFINITELY the following Ordinance, on FIRST READING, to appropriate
funds of $100,000 for the purchase of a computerized management system for
TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP).
This item was DEFERRED, in order that the staff may send out a Request For
Proposal (RFP) to determine exact cost of this aforementioned equipment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 34 -
Item II-J.7
CONSENT AGENDA ITEM # 22615
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to authorize a Temporary ENCROACHMENT into a Portion
of the right-of-way of Bonney Road, to BEACH-OXFORD ASSOCIATES, its assigns
and successors in title.
This Encroachment shall be subject to tbe following conditions:
1. The owner agrees to remove the encroachment when notified
by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroacbment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic control
plan before commencing work within the City's right-of-way.
5. A highway permit must be obtained and a bond posted prior to
commencing work within the City's right-of-way.
6. The owner agrees that any existing sidewalk, curb and
gutter, or other improvements disturbed or damaged during
installation of the encroachment must be replaced with
matching materials.
7. This encroachment shall not be in effect until an agreement
has been executed encompassing the above conditions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 8, 1984
- 34a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF BONNEY ROAD, TO
BEACH - OXFORD 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 Beach - Oxford 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
Bonney Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 8" D.
I. sanitary sewer line to service the Bonney Roacl Apartments 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 Bonney
Road as shown on that certain plat
entitled: "Encroachment Location Plat of
Off-Site Sanitary Sewer, Bonney Road
Apartments for Beach - Oxford
Associates," 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 Beach - Oxford Associates, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Bonney Road by the Beach - Oxford Associates
and that the Beach - Oxford Associates, its assiqns and
successors in title shall bear all costs and expenses of such
removal.
- 34b -
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Beach - Oxford 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 Beach - Oxford Associates executes an
aqreement 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 8 day of October 1 9 84
MES/re
7/1 2/8 4
(29G)
-2-
October 8, 1984
34c
ev C) cv c-/ (-c; 0
<
S,11 41
4 7
17 I S@lf 7 -(r
@11117e
October 8, 1984
- 35 -
Item II-J.8
CONSENT AGENDA ITEM # 22616
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the following BINGO/RAFFLE PERMITS:
SPINA BIFIDA ASSOCIATION OF TIDEWATER RAFFLE
ZETA KAPPA CHAPTER OF BETA SIGMA PHI RAFFLE
FILIPINO WOMEN'S CLUB OF TIDEWATER,INC. BINGO/RAFFLE
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 36 -
Item II-J.9
CONSENT AGENDA ITEM # 22617
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing Tax Refunds upon application of certain
persons in the amount of $198.55 and upon certification of the Treasurer
of Virginia Beach for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
36a - 9/27/84 EMC'
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
ANI) [)[ION CERTII-ICATION OF TFIE TREASURER
1-01-1 PAYMENI-
131- 11 OIII)AINED BY I'I-IE COUN(;IL OF -FHE CITY OF VIRGINIA BEACH, VIRGINIA:
ilic followiilg applicatioiis fol' tax refuiids upcil certification of the Treasurer are hereby approved:
t4AI,iE Tzix rypc Ticket Exoiiera- D -,tte Penalty I t. Tet@l
Year of T,-tx Ntiiiiber tioii No. Paid
Oscar M Stevenson N/A Pkng 54005 9/24/84 12.00
Gertie L Barnes N/A Pkng 53171 8/21/84 10.00
Pariiela M Aden N/A Pkng 76999 5/23/84 6.00
Cindy M Haller N/A Pkng 67145 9/19/84 20.00
R W Murphy 84 Dog V18816 9/18/84 7.00
James E Lawlor 84 pp 90148-2 5/8/84 113,28
Robert D Jacobs 83 pp 71971-5 9/12/84 27.07
Ryan Enterprises Inc 84 pp 132189-2 9/20/84 3.20
Total 198.55
SEp 2,,S 1984
Tliis ordinance shall be effective from date of adoption.
I-lie @ibuva abatetileill(s) totalilig
$-L98. 55 -- - were appi,oved by
1110 COLII)Cil of tfie City of Viigitlia
13(,,,icli oii [lie 8--clay of .. CLC-tober.
1984
Approved as to form:
Rut[i llodges Siiiitli
C i ty C I orl<
lf@ Attor@n'ey
8, 1984
- 37 -
Item II-J.10
CONSENT AGENDA ITEM # 22618
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing License Refunds upon application of certain
persons in the amount of $6,104.47 and upon certification of the Commissioner
of Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
37a -
l@ORM NO. C.A, 0
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
Bl@ IT ORL)AINED BY TI-JE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ttiat the followiiig applications for license refunds, upon certification of the Cominissioner of the
[IOV(,'IILIC -,ire liereby approved:
NAME L iceiise Date Base Pesially Iiii. Total
Year Paid
Seaport Shoppe, Inc.
5380 CliaLliaiii Lake Dr.
Va. Beach, VA 23464 1981/83 Audit 72.49 72.49
Warren, Melvin
T/A Home Diversified Services
1029 Bryce Lane
Va. Beach, VA 23464 1983 Audit 6.00 6,00
Certifi(ld as to Payinent:
Ivan D. Mapp
Commissioner of Revenue
Approved as to forin:
@j
Tllls ordinance shall be effective froiii date of C ty Attorney
adoption.
The above abatement(s) total ing $ 7 84 9 were approved by the Council
of the City of Virginia Beach on the -- 8day of October 84
19
RLItli Hodges Siiiitli
City C lerl(
October 8, 1984
37b -
AN OIIDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
L)POI,l (,ER'l-IFIGAI'ION Oi-- 'I'IIF Cl-OMMI.11.@()NFFI
OF THE REVENUE
L3E 11- 01-iDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA:
Tli,it tlie following applications for license refunds, upon certification of tlie Commissioner of the
aic lil.,roby approved:
NAME Liceilse Date Base Penalty lnt. Total
Year Paid
Mi.dgett, A. B. , LlsLaL(@ of
T/A A. B. Midgett Co.
c/o Sovrati Banlc, N. A.
Va. Beach Trust
P. 0. Box 3000
Norfolk, VA 23514 1984' 6/20/84 360.28 360.28
Mister Jim's Juinbo Sub Sand., Inc.
T/A Mister Jim's
1514 Spring Mead6w Blvd.
Norfolk, VA 2351.8 1984 6/18/84 26.30 26.30
Smi-th, Ronald A. &Kindler, Vicky Jo
T/A Action Accounting & Taxes
5900 BLickminister Lane 1983 Audi.t 30.28 30.28
Va. @-@;tcli, VA 23462 Cortif Payiiiuilt:
Ivan D. Mapp@
Comniissioner of Revenue
orm:
This ordinance shall be effective froin date of
adoption. I
The above abatement(s) totaling $416 . 86 were approved by the Council
of the City of Virginia Beach on the @-Aay of Qctober '1984
I
Ruth Hodges Smith
Ci ty Clerk
October 8, 1984
37c-
140@ C.A. 0
AN ORDINANCE AU i'HORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
L3l- I l' OIIDAII@EL) i3Y TI-IF COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
'I-liat tlio followilig applicatic)iis for license refunds, ijpon certification of tile Coniinissioner of the
IIUVCIILIC ilic IIUIC@I)Y ill)l)IOVC,'Ci:
NAME L iceiise Date Base Peiialty Int. Total
Year Paid
f,ziru Corp.
T/A Rainboz
837 Brinson Lane
Va. Beach, VA 23455 1983 Audit 67.49 67.49
Lomax, Joseph E.
T/A Loiiiax Mobile Key & Lock Service
3200 Granby Street
Norfolk, VA 23504 1983/84 Audit 34.99 34.99
Malbon, Guy & Meredith, W. B., Jr.
T/A Va. Beacti Water Sports
P. 0. Box 106
Va. Beach, VA 23451 1984 7/19/84 106.00 1.06.00
Cei'lifigd as to Payiiieiit:
Iv.. D. Mp
Commissioner of Revenue
App@oved as t@ form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 208. 48 _ were approved by the Council
of the City of Virginia Beach on the day of S/.
Ruth Hodges Smith
City Clerk
October 8, 1984
I 1) I@.i I I .. C. A. 11 37d -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
131@ 1'1'01IDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
I-Itat tlie following applications for liceiise refunds, upon certification of tlie Commissioner of the
NAME L iceiise Date Base Penalty Int. Total
Year Paid
I-larcum Enterprises, Inc.
III/A 'I'lio Ilot Dog flut
5875 Oak Terrace Dr.
Va. Beach, VA 23462 1982/83 Audit 327.35 327.35
liurlc!y, Michael J. & Janet 0.
T/A Shaklee Distributors
7943 S. W. 104LI1 St., Apt. C-110
Miami, FL 33156 1984 Audit 80.79 80.79
J. W. Milligan Contracting, Inc.
525 - 2ist SLr(,(-,L
Va. Beach, VA 23451 1981/82 Audit 164.53 164.53
ayiiieiit:
Commissioner of Revenue
Approved as 4 form:
This ordinance shall be effective from date of
adoption.
The above abateiiient(s) totaling 5 7 2 , 6 7 were approved by the Council
8 October 84
of the City of Virginia Beach on the-day of
Rutii Flodges Smith
City Clerk
October 8, 1984
37e
17 01 @ 1,1 N 0. C. A. a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
131- 1 1- OIIDAINED BY -rfle COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
I'llEit tile followiiig applicatioiis for licetise refunds, upon certificatioii of ttie Coiiiiiiissioner of the
I TUVUIILIU itt L" 1101 CI)y @ll)l)l OVC.I(I:
NAME L iceiise Datp Base Penalty Int, Total
Y c,, a r Paid
Cube, Ltd.
2605 Shore Dr.
Va. Beach, VA 23451 1982/83 Audit 64.50 64.50
Dilling, Arthur
ql/A Cheryl's Pub & Subs
1217 Llydon Court
Vzt. B(,,;icii, VA 2 3 4 6 4 1983 Audit 115.16 115.16
Empress Spa Lady of Va. Beach
T/A Einpress Spa Lady
4176 S. Plaza lilrail, S-111
Va. Beach, VA 23452 1982/83 Audit 2,136.50 2,136.50
CertitAed as to Payinent:
Ivan D. Mapp I I
Commissioner of Revenue
Approved as to form:
This ordiiiance shall be effective froin date of
adoption.
Tlie above abatement(s) totaling 2,31 -16 were approved by tlle Council
8 October
of the City of Virginia Beach on the- day of 19 84
Ruth Hodges Smith
City Clerl(
October 8, 1984
37f -
AN ORDINANCE AUTHORIZING LICENSE NE@UNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONEN
OF Ti@E IIEVENUE
IJE 11- ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Tllat tlie following applications for license refunds, upon certification of the Commissioner of the
liel()I)Y @ll)l)ioved:
NAME Licetise Date Base Penalty Int. Total
Ye@it Paid
Charles Gee, III, Inc.
T/A Bayside Exxon
P. 0. Box 5643
Va Beach, VA 23455 1983 Audit 780.88 780.88
Commercial Cleaning Corp.
4709 Larlspur Court
VEi. L3(-,.icli, VA 2 3 4 6 2 1982 Audit 6 2 . 50 6 2 . 50
Cox, llirvey L., Jr. & Tina L.
T/A Charlie 0
166 I-luntington Dr.
Va. Beach,, VA 23462 1983/84 Audit 64.81 64.81
Certifi@d as to Payment:
Ivan 0. Mapp
Commissioner of Revenue
Appr@ved as to forrw.
-n
This ordinance shall be effective from date of y ttorn
adoption.
The above abatement(s) totaling 9 0 8 . 19 were approved by the Council
of the City of Virginia Beach on the-- 8 day of October 19 84
Ruth Hodges Smith
City Clerl(
October 8, 1984
37g -
1- 0 11,1 11 0. l@.. A. 8
AN O[IDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
L3E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1-11@it tlie. followilig al)l)lic@itioiis foi licoilso refunds, Lipoii cortificatioii of ific Coiliiiiissiolier of tile
@ire liorel)y approved:
NAME L iceiise Date Base Penalty Iiii. Total
Year Paid
Amnions, Thoinas M., III
303 - 34th Street
Va. Beach, VA 23451 1984 7/16/84 263.08 263.08
Browii, Jack S.
T/A Oiie Stop Food Store & Texaco Gas
G095 Eiicliaii l@ive@r lZd. , S-201
Va. Beach, VA 23464 1982/83 Audit 1,310.16 1,310.16
Carrah(,r, G]-anys P.
'i'/A LIllic)t's lillernational
4314 Gadwall Place
Va. Beach, VA 23462 1983 Audit 30.38 30.38
Certif ieq as to Payment:
Ivaii D. Mapp
Commissioiier of Revenue
This ordinance sliall be effective froin date of
adoption.
The above abatement(s) totaling 1 , 60 3. 6 2 were approved by the Council
of tlie City of Virginia Beach on ttie --8 -,.,day of - Octoh@-.-- 19 &4
Rutli Hodges Siiiitli
City Clerk
October 8, 1984
- 38 -
Item II-K.1.2.3
APPOINTMENTS ITEM # 22619
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS & HUMANITIES COMMISSION
PERSONNEL BOARD
TRANSPORTATION SAFETY COMMISSION
October 8, 1984
- 39 -
Item II-L.1
UNFINISHED BUSINESS
WATER RESOURCE INFORMATION ITEM # 22619
Director of the Department of Public Utilities, Aubrey V. Watts, Jr., presented
City Council with an update on WATER RESOURCE INFORMATION. He illustrated
through charts the short-term water supply and demand situation that will
probably exist in Virginia Beach during the next decade. Based upon analysis of
the previous ten (10) years which is the period of time the City has been op-
erating under the current contract with the City of Norfolk, the staff has
analyzed that data and per customer consumption information and thus made pro-
jections of water demand in the future.
The number of accounts or connections to the City's system has increased from
approximatey 41,000 to 80,000 connections or basically a 100% increase in the
number of customers served during that period of time. The per account con-
sumption has only increased 50%, which is attributable to the City's conser-
vation program and to decisions made by Council in 1977 relating to modifications
to the plumbing code to require water conservation devices in all new construction.
The City's current consumption is approximately 24 MILLION gallons a day and
for 1994, the staff is estimating that same would be approximately 40 MILLION
gallons a day. The Staff has also attempted to project what the City of
Norfolk could adequately supply Virginia Beach and based on different types
of scenarios, that amount would be anywhere from 24 to 29 MILLION gallons a
day exclusive of the emergency wells.
With a series of charts Director Watts illustrated that the staff had taken
three (3) growth patterns, a MEDIUM GROWTH PROJECTION, which represented a
growth pattern very similar to what has been experienced during the last
ten years; a LOW GROWTH PROJECTION which represented approximately one standard
deviation less than the MEDIUM or about 3,000 units annually, and a HIGH CROWTH
PROJECTION which related to about 5500 units annually. The charts further
depicted what the City's actual consumption had been for the last ten years.
Another chart was used to illustrate three different types of Operational
Scenarios for the City of Norfolk water supply system:
(1) 1% Risk, Storage Depleted
(2) Zero Risk, Storage Depleted
(3) Zero Risk, Prudent Management
In 1981, the City of Virginia Beach constructed five (5) Emergency Wells. During
the short term of those contracts, those wells have the capability of providing
approximately 20 MILLION Gallons of water a day additionally; however because of the
time frame that those wells can be pumped it amounts to only 10 MILLION Gallons
a day increase.
October 8, 1984
- 40 -
Item II-L. 1
UNFINISHED BUSINESS ITEM # 22619 (Continued)
Director Watts' Summary of Recommendations are as follows:
1. Expidite Lake Gaston Project
2. Renegotiate Contracts for Emergency Wells
A. Isle Wight
B. Southampton
C. Suffolk
3. Renegotiate Water Supply contract
A. Norfolk
B. Evaluate Future Impact of Chesapeake
4. Annual Status Report to City Council
5. Review and Update Drought Contingency Planning and
Conservation Programs
6. Investigate Growth Management Alternative Actions to Stem
Increase in Water Demand
A. Moratorium/Limitation on Water Service Connections
B. Selective Rezoning Favoring Low Water Use
C. Moratorium/Limitation on Rezonings
D. Moratorium/Limitation on Subdivisions/Site Plans
E. Rezone Undeveloped Land to Lower Density Tjse
F. Moratorium/Limitation on Building Permits
G. Mandatory Conservation
Councilwoman Henley referenced the Summary of Recommendations and salinity in private
wells, as well as proposed Uranimum Mining and its connection to possible ground
water contamination. Councilwoman Henley requested that Council take a position
with the City's Legislators.
Councilwoman Oberndorf further referenced contamination of ground water by
uranimum mining and the Virginia Municipal League had taken a position requesting
a MORATORIUM on this particular issue in the State of Virginia.
Councilmen Baum and Louis Jones referenced MORATORIUMS in the Sunmary of
Recommendations. It was requested that a copy of this Water Resource Information
be made available to the Planning Commission.
Mayor Heischober extended Council's appreciation to Aubrey Watts and requested
that City Council be provided with any significant data concerning water re-
sources before the annual report.
October 8, 1984
- 41 -
Item II-L.2
UNFINISHED BUSINESS
BRIARLAKE CORPORATION ITEM # 22620
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council SCHEDULED RECONSIDERATION on November 5, 1984 for the request of
BRIARLAKE CORPORATION to remove provision on rezoning application of June
10, 1981 (NEWTOWN DEVELOPERS, a Virginia General Partnership).
The provision is as follows:
1. Dedication of a cul-de-sac with a 50-foot radius on
Goodman Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 42 -
Item II-M.1
NEW BUSINESS
GALLAGHER ASSOCIATES/
RECONSIDERATION ITEM # 22621
Attorney Grover Wright represented the applicant
Mrs. Paul Wilson, owner of the property with her husband, was in attendance
but did not speak
Attorney Wright stated a REVISED SITE PLAN for 249 units had been submitted
to the Department of Planning, and further stated as per Vice Mayor McClanan's
request the applicant will work with the STAFF concerning the FLOODWAY instead
of zoning same P-1 PRESERVATION DISTRICT.
TJpon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
Scheduled RECONSIDERATION on October 22, 1984, for the request of the Changes
of Zoning DENIED in the applications of GALLAGHER ASSOCIATES per the following:
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM
AC-1 to R-8
Ordinance upon application of Gallagher Associates for a
Change of Zoning Distritt Classification from AG-1 Agri-
7u-ltural District to R-8 Residential District on cer-
tain property located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south of
Landstown Road, running a distance of 1153.14 feet in a
northeasterly direction, running a distance of 1062.54 feet
in a southeasterly direction, running a distance of 990.99
feet in a southerly direction, running a distance of 976.95
feet in a westerly direction, running a distance of 117.36
feet in a southwesterly direction, running a distance of
444.73 feet in a northwesterly direction, running a distance
of 503.14 feet in a southwesterly direction, running a distance
of 503.14 feet in a northwesterly direction, running a distance
of 133.62 feet in a southwesterly direction and running a dis-
tance of 149.26 feet in a northwesterly direction. Said parcel
contains 42.319 acres. PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF GAUAHER ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8
Ordinance upon Application of Gallagher Associates
for a Change of Zoning District Cla88ification from
AG-2 Agricultural District to R-8 Residential District
on certain property located on the east side of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 361.54 feet
along the east side of Eolland Road, running a dis-
tance of 651.53 feet in a northeasterly direction,
running a distance of 448.51 feet in a northwesterly
direction and running a distance of 452.91 feet in
a southwesterly direction. Said parcel contains 4.67
acres. PRINCESS ANNE BOROUGH.
October 8, 1984
- 43 -
Item II-M. I
GALLAGHER ASSOCIATES/
RECONSIDERATION ITEM # 22621 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 TO PD-H2
ordinance upon Application of Gallagher Associates for
a Change of Zoning District Classification from R-8
@esidential District to PD-H2 Planned Unit Development
District on parcels located on the east side of Holland
Road.
Parcel 1: Located on the east side of Holland Road be-
ginning at a point 3400 feet more or less south of Land-
stown Road, running a distance of 361.54 feet along the
east side of Holland Road, running a distance of 651.53
feet in a northeasterly direction, running a distance
of 448.51 feet in a northwesterly direction and running
a distance of 452.91 feet in a southwesterly direction.
Parcel 2: Located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 1153.14 feet
in a northeasterly direction, running a distance of 1062.54
feet in a southeasterly direction, running a distance of
990.99 feet in a southerly direction, running a distance
of 976.95 feet in a westerly direction, running a distance
of 117.36 feet in a southwesterly direction, running a dis-
tance of 444.73 feet in a northwesterly direction, running
a distance of 240 feet in a southwesterly direction, running
a distance of 503.14 feet in a northwesterly direction,
running a distance of 133.62 feet in a southwesterly di-
rection and running a distance of 149.26 feet in a north-
westerly direction. Said parcels contain 46.989 acres.
PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO P-1
Ordinance upon Application of Gallagher Associates for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to P-1 Preservation District on cer-
tain property located 2500 feet more or less east of
Holland Road beginning at a point 2000 feet more or less
south of Landstown Road, running a distance of 728.51
feet in a nortbeasterly direction, running a distance
of 2508.70 feet in a southeasterly direction, running
a distance of 987.64 feet in a westerly direction,
running a distance of 990.99 feet in a northerly direction
and running a distance of 1062.54 feet in a northwesterly
direction. Said parcel contains 37.842 acres. PRINCESS
ANN BOROUGH.
October 8, 1984
- 43a -
Item II-M. 1
GALLAGHER ASSOCIATES/
RECONSIDERATION ITEM # 22621 (Continued)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Reischober, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
October 8, 1984
- 44 -
Item II-M.2
NEW BUSINESS
BEN Y. WARD/
DELETION OF A CONDITION ITEM # 22622
Attorney Robert Cromwell represented the applicant
This item was moved forward after Planning Item No. 4 (OGLESBY-ARNHOLD REALTY,LTD),
as it was directly related to tbis particular application.
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council Scheduled RECONSIDERATION on October 22, 1984, for the request for
DELETION of a condition placed on a change of zoning upon property on
Virginia Beach Boulevard in the application of BEN Y. WARD. City Council
had ADOPTED an Ordinance upon application of FRALIN AND WALDRON, INCORPORATED
for a Change of Zoning District Classification from B-2 Community-Business
District to A-4 Apartment District on January 15, 1979 (BAYSIDE BOROUGH).
The Condition to be DELETED is as follows:
Zoning to become effective when funding for elderly
housing is obtained.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 45 -
Item II-M.3
NEW BUSINESS
LAKESIDE CONSTRTJCTION ITEM # 22623
Attorney Gordon Tayloe represented Lakeside Construction Corporation and submitted
a plan which would provide a tie from Sandy Shores to Ferrell Parkway. (Said
statement is hereby made a part of the record.)
Through a series of graphics Robert Scott, Director of Planning, discussed
six alternatives developed as a result of the application of LAKESIDE CONSTRUCTION
CORPORATION for Modification of Design Standards for RED MILL SECTION 8.
Alternative 4 was the recommendation of the PLANNING DEPARTMENT. It provided
for a 60-foot wide right-of-way including a four-lane undivided road section.
Alternative 4 from point "A" to point "B" follows approximately the same
alignment as the other alternatives but at this point swings to the west
and parallels Red Mill Boulevard with a tier of lots in between coming at
this point at Ferrell Parkway. This will not provide a great deal of impact
in any way to the neighborhood, except to the extent that the road would abut
approximately the rear seven or eight already platted lots. lt will maximize
the future use of Section 8.
Upon motion by Vice Mayor McClanan, seconded by Councilman McCoy, City Council
APPROVED SUPPORT of Alternative 4 of the 6 Alternatives presented for Modification
of Design Standards for RED MILL SECTION 8 in the application of LAKESIDE
CONSTRUCTION CORPORATION.
Application of Lakeside Construction Corporation for
a modification of design standards with respect to
Section 4.1 of the Subdivision Ordinance for Red
Mill Farm, Section 8. More detailed information
is available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October
- 46 -
Item II-M.4
NEW BUSINESS
ADD-ON
COUNCIL MEETING/
NOVEMBER 26, 1984 ITEM # 22624
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council CANCELLED the City Council Meeting of November 26, 1984, to allow
Members of Council to attend the NATIONAL LEAGUE OF CITIES CONFERENCE in
Indianapolis, Indiana, November 24-28, 1984.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 8, 1984
- 47 -
Itern II-M.5
NEW BUSINESS
ADD-ON
HOUSE JOINT
RESOLUTION 119 ITEM # 22625
Councilwoman Creech referenced PUBLIC HEARINGS set on HOUSE JOINT RESOLUTION
119 which is studying standards for Subdivision, Streets, and related matters.
The PUBLIC HEARING will be held in Northern Virginia at 10:00 a.m., and in
Norfolk, Virginia at 4:00 p.m. in the City Hall Council Chambers. Both PUBLIC
HEARINGS are on Wednesday, November 7, 1984.
The City of Virginia Beach will be making a presentation at the Norfolk PUBLIC
REARING.
October 8, 1984
- 48 -
Item II-M.6
NEW BUSINESS
ADD-ON
VIRGINIA MTJNICIPAL
LEAGUE ITEM # 22626
Councilman Louis Jones advised Councilwoman Meyera Oberndorf was elected
as VICE CHAIRMAN of the URBAN AFFAIRS COMMITTEE of the VIRGINIA MUNICIPAL
LEAGUE.
The Mayor and City Council extended their congratulations.
October 8, 1984