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SEPTEMBER 10, 1984 MINUTES Cit@c,,f -Vil7-@i@i@ E34e@@@ "NORLD'S LARGEST RESORT CITY" CrTy COUNCIL MAYOR HAJ?OLD HEISCHOBER. At I.,g. VICE-MA YOR REBA S M@CLANAV. A- B-gh JOHN A@ BAUM. Blk-,,, B-gh NANCY A. CREECH. At L.@y, ROBF-RT E. FENTRESS. Vi@ B,@A B-gh BARBARA M. HENLEY. P..g. B-gh H. JACK JENNINGS. JR.. L".M.- B-gh LOUIS R. JONES, Bv@ B-gh ROBERT G. JONES. Al L.@, J. HENRY MCOY. JR., K,.p.@ @-gh MEYERA E OBFRNDORF. At L.,g. 181 CnY HALL BIIILDING MUNICIPAL CEN7F.R RUTH HODGES surrm, CMC. Cly Cl,@k CITY COUNCIL AGENDA VIRCINIA BEACH. VIRGINIA U"6.Wff 18041427.4M September 10, 1984 Virginia Beach City Council ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 p.m- A. CALL TO ORDER - Mayor Harold Heiscbober B. ROLL CALL OF COUNCIL I C. MOTION TO RE(;ESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Cbambers - 2:00 p.m. A. INVOCATION: Reverend E. H. Terrell, Pastor St. John A. M. E. Churcb B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. CITY MANAGER'S ADMINISTRATIVE AGENDA 1. Request Centerville Turnpike 2. Review of Consent Agenda E. DISCUSSION OF PERTINENT MATTERS - Mayor/Council II. F. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of a. August 27, 1984 b. August 20, 1984 (Deferred August 27, 1984) G. PRESENTATION 1. Certificate of Conformance in Financial Reporting - Giles G. Dodd, Assistant City 14anager for Administration R. PLANNING 1. Application of Runnington Holding Corporation for the closure of a portion of Cape Henry Drive (formerly Holly Avenue) (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for val. 2. Application of W. W. Reasor Enterprises for a conditional se permit for mini-warehouses on a 4.553-acre parcel located on the east side of Lord Dunmore Drive, north of Providence Road (Kempsville Borough). (This matter was deferred on August 27, 1984 to September 10, 1984). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Donald T. and Judith Ann Eagles for a conditional u ermit for horseback riding lessons and horse training on an 11.849-acre parcel located on the south side of North Muddy Creek Road, east of Princess Anne Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Thomas C. and Helen B. Oamundson and Kehillat Bet Hamidrash (Kempsville Conservative Synagogue) for a conditional use permit for a synagogue on a two-acre parcel located at 4945 Providence Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Firestone Tire & Rubber Company for a conditional use permit for expansion of present facilities on a 1.02-acre parcel located at the northwest corner @f Providence Road and South Military Highway (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. II.H.6. Application of Tank Lines, Inc. for a concdlitional use permit for a gasoline station on a one-acre parcel located at the southwest corner of Princess Anne Road and tiffany Lane (Kempsville Borough). (This application was deterred on July 2, 1984). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of Burvell Ray Gallop for a conditional use rmit for mini-warehouses on a 2.926-acre parcel located on the west side of Kempsville Road, south of Indian River Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Marjorie Wright for a conditional use permit for a residential kennel on a 25,000-square foot parcel located at 1212 Acredale Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of C & F Enterprises, a Virginia General Partnership, for a conditional use permit for a bulk storage yard on a two-acre parcel located at 1251 Oceana Boulevard (Princess Anne Borough). a. Letter from the City Kanager transmits the recommendation of the Planning Commission for approval. 10. Application of Robert Herman and Herman, Inc. for a change of zoning from B-5 Resort-Commercial District to H-2 Resort Hotel District on a 1.03-acre parcel located at tife southeast corner of Atlantic Avenue and 2nd Street (Lynnhaven Borough). (This application was deferred on August 13, 1984 to August 20, 1984 and on August 20, 1984 to September 10, 1984). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of John A. Brown for a change of zoning from R-5 Residential District to A-2 Apartment District on a 35,458- square foot parcel located at the northwest corner of Old Great Neck Road and Reagan Avenue (Lynnhaven Borough).(This application was deferred on June 25, 1984 to July 2, 1984 and on July 2, 1984 to September 10, 1984). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 12. Application of R. G. Moore Building Corporation for a change of zoning from R-8 Residential District to artment District on a 2.5-acre parcel located east of Princess Anne Road and south of Bonney Road, adjacent to the former Norfolk and Southern Railroad right-of-way (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for val- 11- H- 13. Application of R. G. Moore Building Corporation for a change of zoning from R-6 Residential District to A-1 Apartment District on a 2.11-acre parcel located on the south side of Bonney Road, east of South Witchduck Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 14. Application of Samuel Sandler, Harry Sandler, Allen J. Gordon, Daniel Gordon, and Tavia F. Gordon for a change of zoning from R-8 Residential District to B-2 Community- Business District on a 1.95-acre parcel located on the nort@ side of Indian River Road, east of Thompkins Lane (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 15. Application of Dr. C. M. McCoy for a change of zoning from B-1 Business-Residential District to B-2 Community-Business District on a 30,056.4-square foot parcel located along the west side of Military Highway, south of Dyer Place (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 16. Application of Urban Associates Three for a modification to the Land Use Plan of Indian Lakes to include townhouse sites on a two-acre parcel located on the east side of Indian Lakes Boulevard, south of Kittery Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. I. RESOLUTIONS/ORDINANCES 1. Industrial Development Revenue Bonds: a. Resolution inviting and encouraging Portsmouth Redevelopment and Housing Authority to provide their special revenue bonds to Relgency Apartments Associates ($32,000,000). b. Resolution encouraging the Hampton Redevelopment and Housing Authority to issue its special revenue bonds for the benefit of Windsor Holland Properties ($5,500,000). c. Resolution encouraging the Hampton Redevelopment and Housing Authority to issue its special revenue bonds for the benefit of Mayflower Seaside Tower Associates ($17,000,000). 2. Ordinance to delete Section 7-29 of the Code of the City of Virginia Beach, pertaining to replacement of mutilated, lost or stolen decal. 3. Ordinance to amend and reordain Section 18-3 of the Code of the City of Virginia Beach, Virginia, pertaining to General I)uties of License Inspector and Assistants. 4. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Croatan Road, to Bangel- Kramer Enterprises, its assigns and successors in title. II.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 motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. 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. 2. ordinance, on SECOND READING, to accept grants and appropriate $231,220 from State aid to public libraries and $5,739 from Federal aid to public libraries. 3. ordinance, on FIRST READING, to accept and appropriate $127,100.00 from the U. S. Department of Housing and Urban Development for Rental Housing Rehabilitation. 4. Ordinance, on FIRST READING, to appropriate funds of $10,000 for the Shakespeare Festival Program. 5. Ordinance to appropriate $5,292,960 for Fiscal Year 1985 for the payment of purchase orders brought forward from Fiscal Year 1984. 6. ordinance to Transfer Capital Project funds of $60,000 for Project #6-832 Doncaster Sewer Line Extension. 7. Ordiiiance to Transfer Capital Project funds of $56,000 for Linkhorn Cove Park Site Acquisition. 8. ordinance to Transfer funds of $77,580 within the Department of Public Works for the Temporary Labor Services Program. 9. Ordinance to Transfer funds of $21,500 to provide Off Season Parking on Atlantic Avenue. 10. Ordinance to include Social Services Employees under the City's Pay Plan and to Transfer funds of $482,889 for this purpose. 11. Ordinance to Transfer $40,248 of Capital Project Funds to #2-014 Lynnhaven Inlet Maintenance Dredging and #2-970 Lynnhaven Inlet Dredgiug- 12. Ordinance to authorize the acquisition of permanent Utility Easements for Demolition of Weaver Drive Pumping Station and Extension of Gravity Sewer to serve Williams Village C.I.P- 6-915, either by agreement or by condemnation. 13. Ordinance authorizing the City Manager to execute a Deed of Vacation and Quitclaim between the City of Virginia Beach and Dominion Homes Corp., vacating portions of the five foot Utilities and Drainage easements lying along the northeast and northwest boundaries of parcel 'C' on the subdivision plat of "Timberlake Parcel 29,100," in the Kempsville Borough. 14. Ordinance appointing Viewers in the petition of Roland H. and Virginia L. Copeland for the closure of a portion of Ranger Street (Kempsville Borough). 15. Low Bid of Asphalt Roads & Materials Company, Inc., in the amount of $92,840, for the 1984-85 Various Roads Contracts; and authorize the City Manager to enter into the necessary agreements for Lhe implementation of this project. 16. Low Bid of A & W Contractors, Inc., in the amount of $168,523, for the Small Line Improvements Contract 9 (CIP 5-304); and authorize the City Manager to enter into the necessary agreements for the implementation of this project. 17. Low Bid of Rea Construction Company, in ttie amount of $2,844,500.52, (Alternate #1), for the Lynnhaven Parkway Phase IV (CIP 2-933) and Lynnhaven Parkway-Holland Road Intersection (CIP 2-003) Projects; and authorize the City Manager to enter into the necessary agreements for the implementation of these projects. 18. Bingo/Raffle Permit: District Eight Little League. 19. Request of Commissioner of Revenue for license refunds in the amount of $478.85. K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 1. Motion to adjourn. 5 Item II-F.1 MINUTES ITEM # 22503 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council APPROVED the Minutes of September 10, 1984, with corrections as follows: Page 10 - ITEM # 22451 (ORDINANCE UPON APPLICATION OF THOMAS C & HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (KEMPS- VILLE CONSERVATIVE SYNAGOGUE FOR A CONDITIONAL USE PERMIT) REPLACE the word Conservation with Conservative. This was a typographical error in tbe second paragraph, third line and in the fifth paragraph, third line as follows: "Upon motion by Councilman McCoy, seconded by Council- woman Oberndorf, City Council ADOPTED an Ordinance upon application of THOMAS C. AND HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (Kempsville Conservative Synagogue) for a Conditional Use Permit per the following:" "Ordinance upon application of Thomas C. & Helen B. Osmundson and Kehillat Bet Hamidrash (Kempsville Genaervation Conservative Synagogue) for a Conditional Use Permit ........ AND, City Council AMENDED the following: Page 15 ITEM # 22456 (ORDINANCE UPON APPLICATION OF C & F ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT) ADD the words "but not limited to" after the word "including" in the following condition: 3. Limited to "storage" of recreational vehicles including but not limited to boats, trailers, automobiles and motorcycles -- no abandoned or junk vehicles. AND, City Council corrected the following: Page 23 ITEM # 22462 (ORDINANCE UPON APPLICATION OF SAMUEL SANDLER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON, AND TAVIA F. GORDON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION) REPLACE the word ADOPTED with DENIED in the following para- graph- "Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APOPTEI) DENIED an Ordinance upon application of SA14UEL SANDLER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON AND TAVIA F. GORDON for a Change of Zoning per the following:" September 17, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Septeniber 10, 1984 The Re@ular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Feischober in the Conference Room, City Hall Building, on Monday, September 10, 1984. 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, 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 1:25 p.m. September 10, 1984 - 2 - ITEM # 22440 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 HATTERS: 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 Baum, seconded by Councilman Louis Jones, City Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 September 10, 1984 - 3 - R E C U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 10, 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, September 10, 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 E. H. Terrell Pastor St. John A.M.E. Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 10, 1984 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 REQUEST OF CBN REGARDING RELOCATION OF CENTERVTLLE TURNPIKE ITEM # 22441 Mayor Heischober advised that this item concerning the request of the CHRISTIAN BROADCASTING NETWORK regarding the relocation of CENTERVILLE TURNPIKE will be moved to "NEW BUSINESS" for discussion. Item II-D.2 CONSENT AGENDA GRIEVANCE PROCEDURES/ CITY EMPLOYEES ITEM # 22442 The City Manager advised that the 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 Viginia Beach, Virginia, pertaining to GRIEVANCE PROCEDURES for City Employees (See Item II-J.1 of the Consent Agenda) is requested to be DEFERRED for two weeks, in order that additional review by staff may be performed. DONCASTER SEWER LINE EXTENSION ITEM # 22443 Councilwoman Oberndorf referenced Transfer of Funds from the Kempsville County Utilities Purchase (See Item II-J.6 of the Consent Agenda). This item was an Ordinance to Transfer Capital Project Funds of $60,000 for Project #6-832 DONCASTER SEWER LINE EXTENSION. Councilwoman Oberndorf requested this item be pulled for discussion and clarification by staff. LINKHORN COVE PARK SITE ACQUISITON ITEM # 22444 Councilwoman Oberndorf referenced the Ordinance to Transfer Capital Project Funds of $56,500* for LINKHORN COVE PARK Site Acquisition (See Item II-J.7 of the Consent Agenda). Councilwoman Oberndorf requested this item be pulled for discussion and clarification. SOCIAL SERVICES EMPLOYEES/ CITY'S PAY PLAN ITEM # 22445 Councilwoman Henley, and Councilman Jennings referenced the Ordinance to in- clude SOCIAL SERVICES EMPLOYEES under the City's Pay Plan and to Transfer funds of $482,889 for this purpose (See Item II-J.10 of the Consent Agenda). This item will be discussed. *This amount of Capital Project Funds was incorrectly listed in Council's Agenda as $56,000. September 10, 1984 5 Item II-F.l.a.b- MINUTES ITEM 22446 Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council APPROVED the Minutes of August 20, 1984, and August 27, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 10, 1984 - 6 - Item II-G.1 PRESENTATION ITEM # 22447 By CONSENSUS, City Council DEFERRED until the City Council Meeting of September 17, 1984, PRESENTATION of the CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING. September 10, 1984 7 Item II-H. 1 PLANNING ITEM 22448 Attorney Kal Kalezis represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, subject to Final Approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of a portion of Cape Henry Drive (formerly Holly Avenue) in the petition of RUNNINGTON HOLDING CORPORATION. Application of Runnington Holding Corp., for the dis- continuance, closure and abandonment of a portion of Cape Henry Drive (formerly Holly Avenue) beginning at the western boundary of Jade Street and running in a westerly direction a distance of 165.57 feet. Said parcel is 25 feet in width and contains 4,139.25 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to avoid the creation of a nonconforming lot. 2. The closure of this right-of-way shall be contingent upon compliance with the above stated condition within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 10, 1984 7a ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET SHOWN AS HOLLY AVENUE (NOW KNOWN AS CAPE HENRY DRIVE), AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT SHOWING 25' STRIP ADJACENT TO AND SOUTH OF LOT 16 BLOCK 7 AND BEING SHOWN AS HOLLY AVENUE ON THE PLAT OF LYNNHAVEN SHORES M.B. 7, P. 167, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 11, = 20', 22 MAY, 1984, GALLUP SURVEYORS & ENGINEERS, LTD.", WHICH IS ATTACHED HERETO. WHEREAS, it appearing by Affidavit that proper notice has been given by Runnington Holding Corporation, a Virginia Corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on 1984, to Ihave the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the the judgment of the Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the her&inafter described street be discontinued, closed and vacated: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16, in Block 7, i! being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven ii Shores, which Plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of the said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of ALEZIS D. KALEZIS beginning thence running South 10' 19, 00,, ATTORNEY AT LAW East for a distance of 25.00 feet to a point 7@ll l@d@@.d@.-Cilil located in the north right of way line of the i,,i.i. @.,h. Villi@i. 2.1455 above described old Norfolk and Southern Railroad right of way; thence running South 791 41' 001, West, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point September 10, 1984 7b located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 10, 191 001, West for a distance of 25.00 feet to a point which is the southwest corner of said Lot 16, Block 7, as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 791 411 001, East, along the south boundary line of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores, for a distance of 165.57 feet to a point, the point of beginning. Said parcel of land being a portion of Holly Avenue (now known as Cape Henry Drive) on that certain plat entitled, "Street Closure Plat Showing 25, Strip Adjacent to and South of Lot 16, Block 7 and Being Shown as Holly Avenue ln the Plat of Lynnhaven Shores M.B. 7, P. 167, Lynnhaven Borough, Virginia Beach, Va., Scale 11, = 201, 22 May, 1984, Gallup Surveyors & Engineers, Ltd.11, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach described above. LEZIS D. KALEZIS A7rORNEY AT 1,AW 7.11 i,i.i. Ikh, 2:34.55 September 10, 1984 7c - ui- VIRGINIA CI'I'Y OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify ttiat TI-IOMAS 11. MLIT'IlLr!,NBI@.CK, City Manager, and RI)TH HODCES SMITH, City Clerk, for the City of Virginia Beach, whose names are signed to the foreqoing Deed of Vacation and Ouitclaim, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1984. NjL=,, E-Y @u i-,l-i-c My Commission Expires: CJ/da 8/3 0/8 4 (27-C) September 10, 1984 -2- - 7d - KALEZIS D. KALEZIS ATTORNIrY AT i-AW NOFrrH ORNEAT NECK ROAD VIRGINIA BKACH, VIRGINTA @l (004) May 25, 1984 The Honorabl.e City Council City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 CERTIFICATE OF TITLE Dear Members of City Council: I, Kalezis D. Kalezis, attorney for Runninqton Holding Corporation, a Virginia Corporation, do hereby certify that: 1. I am an attorney at law and represent Runnington Holding Corporation, a Virqinia Corporation. 2. Title to the property described below is vested of record in Windsor Investors, Ltd. If the Property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then Windsor Investors, Ltd., the hoilder of the underlying fee in said property, will hold same free and clear of the public right of way over said property. The said property referred to herein is hereby described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16 in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of said Lot 16, in Block 7, September 10, 1984 7e as shown on the aforesaid Plat of Lynnhaven Shores and from said point of beginning thence running South 10* 191 001, East for a distance of 25.00 feet to a point located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running South 79* 411 0011 West, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 101 191 0011 West for a distance of 25.00 feet to a point which is the southwest corner of the said Lot 16, Block 7, as shown on the aforesaid Plat of Lynrlhaven Shores; thence running North 79* 411 00" East, along the south boundary line of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shorcs, for a distance of 165.57 feet to a point, the point of beginning. Very truly yours, Ka.',@. is D. KDK.mdj September 10, 1984 8 Item II-H.2 PLANNING ITEM 22449 Attorney Grover Wright represented the applicant Donald Middleton, President of the Civic League of Fairfield, registered as NEUTRAL. Mr. Middleton read a statement that the Civic League of Fair- field, supports the construction of the W. W. REASOR ENTERPRISES mini- warehouses, but subject to the provision that access to the mini-warehouses be from Kempsville Road, with no access being permitted from Lord Dunmore Drive (copy of said statement is hereby made a part of the record) Robert Engesser, represented himself and registered as Neutral, but confirmed his agreement with Donald Middleton's statement Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of W. W. REASOR ENTERPRTSES for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF W. W. REASOR ENTERPRISES FOR A CONDTTIONAL USE PERMIT FOR MINI-WAREHOUSES R0984660 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of W. W. Reasor Enterprises for a Conditional Use Permit for mini-warehouses on cer- tain property located on the east side of Lord Dunmore Drive beginning at a point 737 feet North of Providence Road, running a distance of 113 feet along the east side of Lord Dunmore Drive, running a distance of 1208.82 feet along the northern property line, running a distance of 131.83 feet in a southwesterly direction, running a distance of 25 feet in a southeasterly direction, running a distance of 88.87 feet in a southwesterly direction, run- ning a distance of 292 feet in a westerly direction, run- ning a distance of 56.57 feet in a northwesterly direction, running a distance of 218 feet in a westerly direction, run- ning a distance of 132.54 feet in a northwesterly direction and running a distance of 540 feet in a westerly direction. Said parcel contains 4.553 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Hieschober, 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 September 10, 1984 9 Ite. II-H.3 PLANNING ITEM # 22450 Judith and Donald Eagles, the applicants, were in attendance to respond to any questions Upon motion by Councilwoman Henley, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon applicatioti of DONALD T. AND JUDITH ANN EAGLES for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF DONALD T. AND JUDITH ANN EAGLES FOR A CONDITIONAL USE PERMIT FOR HORSEBACK RIDING LESSONS AND HORSE TRAINING R0984661 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Donald T. and Judith Ann Eagles for a Conditional Use Permit for horseback riding lessons and horse training on certain property located on the south side of North Muddy Creek Road beginning at a point 5400 feet more or less east of Princess Anne Road, running a distance of 573.28 feet along the south side of North Muddy Creek Road, running a distance of 1042.02 feet along the eastern property line, running a distance of 61.18 feet in a southwesterly direction, running a distance of 333.95 feet along the southern property line and running a distance of 1037.95 feet along the western property line. Said parcel is located at 1669 North Muddy Creek Road and contains 11.849 acres. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 10, 1984 - 10 - Item II-H.4 PLANNING ITEM # 22451 Attorney Donald Rhodes represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of THOMAS C. AND HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (Kempsville Conservation Synagogue) for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF THOMAS C. & HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (KEMPSVILLE CONSERVATIVE SYNAGOGUE) FOR A CONDITIONAL USE PERMIT Ro984662 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Thomas C. & Helen B. Osmundson and Kehillat Bet Hamidrash (Kempsville Conservation Synagogue) for a Conditional Use Permit for a synagogue on certain property located 267.49 feet south of Providence Road beginning at a point 880 feet more or less west of Luke Drive, running a distance of 151.15 feet along the northern property line, running a distance of 543.30 feet along the western property line, running a distance of 101.15 feet in a south- easterly direction, running a distance of 100 feet in a southwesterly direction, running a distance of 50 feet in a southeasterly direction and running a distance of 643.30 feet along the eastern property line. Said parcel is located at 4945 Providence Road and contains 2 acres. KEMPSVILLE BOROUGH The following conditions shall be required: 1. Resubdivision of the property to incorporate this parcel with the adjoining parcel to the east in order to meet the 3 acre mininyum lot area requirement for a church. 2. Dedieet@it Reservation of right-of-way for Indian Lakes Boulevard extended as shown on the alignment on file in the City Engineer's Office. 3. When this reservation is exercised, that portion of property needed for City right-of-way may be pur- chased by the City (based on the pro-rata percentage allocated for the road) from the applicant at the same cost as the initial purchase price. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. September 10, 1984 - 10a - Item II-H.4 PLANNING ITEM # 22451 (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 September 10, 1984 Item II-H.5 PLANNING ITEM # 22452 Michael Masceola represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of FIRESTONE TIRE & RUBBER COMPANY for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF FIRESTONE TIRE & RUBBER COMPANY FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF PRESENT FACILITIES R0984663 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Firestone Tire & Rubber Company for a Conditional Use Permit for expansion of present facilities to new service center on certain property located on the northwest corner of Providence Road and South Military Highway, running a distance of 228.48 feet along the north side of Providence Road, running a distnace of 148.92 feet along the western property line, running a distance of 366.10 feet along the northern property line and running a distance of 230 feet along the west side of South Military High- way. Said parcel contains 1.02 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. 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 September 10, 1984 - 12 - Item II-H.6 PLANNING ITEM # 22453 Attorney Glenn Croshaw represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an odinance upon application of TANK LINES, INC., for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF TANK LINES, INC. FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION R0984664 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Tank Lines, Inc., for a Conditional Use Permit for a gasoline station on cer- tain property located at the southwest corner of Princess Anne Road and Tiffany Lane, running a distance of 180 feet along the south side of Princess Anne Road, running around a curve a distance of 31.42 feet, running a distance of 198.23 feet along the west side of Tiffany Lane, running a distance of 200 feet in a northwesterly direction and running a distance of 218.23 feet in a northeasterly di- rection. Said parcel contains I acre. KEMPSVILLE BOROUGH The following conditions shall be required: 1. A five-foot traffic control easement exists along Princess Anne Road. Therefore, permanent access will be limited to Tiffany Lane. 2. Five-year temporary access easement to Princess Anne Road, subject to the documentation by the applicant. The City Attorney is to report to Council upon ap- proval of the document. Should Ferrell Parkway be constructed within the five-year period the temporary access would be eliminated. The access will be for right ingress traffic only. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. 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: September 10, 1984 None - 13 - Item II-H.7 PLANNING ITEM # 22454 Harrell Aygarn, Civil Engineer, represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of BURWELL RAY GALLOP for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF BURWELL RAY GALLOP FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0984665 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Burwell Ray Gallop for a Conditional Use Permit for mini-warehouses on certain property located on the west side of Kempsville Road beginning at a point 300 feet more or less south of Indian River Road, running a distance of 200 feet along the western side of Kempsville Road, running a distance of 647.84 feet along the southern property line, running a distance of 201.42 feet along the western property line and running a distance of 560 feet along the northern property line. Said parcel contains 2.926 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Hours of operation shall be restricted to 6:00 a.m. to 10:00 P.M. 2. Lighting is to be directed away from the residences and turned off at 10:00 p.m. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred 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 September 10, 1984 - 14 - Item 11-H.8 PLANNING ITEM # 22455 Marjorie Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of MARJORIE WRIGHT for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF MARJORIE WRIGHT FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R0984666 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Marjorie Wright for a Conditional TJse Permit for a residential kennel on Lot 28, Section 4, Acr6dale. Parcel located at 1212 Acredale Road and contains 25,000 square feet. KEMPSVILLE BOROUGH. The following condition shall be required: 1. As the number is naturally reduced, those dogs dying off will not be replaced until the number present is stabilized at 4. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. 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 September 10, 1984 - 15 - Item 11-H.9 PLANNING ITEM # 22456 Robert Flannagan represented the applicant Commander Petrie registered his opposition by phone to the City Clerk Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of C & F ENTERPRISES, a Virginia General Partnership, for a Conditional Use Permit, per the followir@g: ORDINANCE UPON APPLICATION OF C &F ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT R0984667 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of C &F Enterprises, a Virginia General Partnership, for a Conditional Use Permit for a bulk storage yard on certain property located on the west side of Oceana Boulevard beginning at a point 1100 feet more or less south of Harpers Road, running a distance of 210 feet along the west side of Oceana Boulevard, running a distance of 409.6 feet along the southern property line, running a dis- tance of 210 feet along the western property line and running a distance of 409.6 feet along the northern property line. Said parcel is located at 1251 Oceana Boulevard and contains 2 acres. PRINCESS ANNE BOROUGH. The following conditions will be required: 1. A 20-foot dedication along the frontage on Oceana Boulevard, 45 feet from the centerline of the existing 50-foot right-of-way to provide for an ultimate 90- foot right-of-way as per the Master Street and Highway Plan. 2. An 8-foot fence with sufficent landscaping buffer to be planted in accordance with City Staff determining the distance for buffering on the front and two sides of the property. 3. Limited to "storage" of recreational vehicles including boats, trailers, automobiles and motorcycles -- no abanadoned or junk vehicles. 4. Five (5) year limitation. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of Septembet, Nineteen Hundred and Eighty-four. September 10, 1984 - 15a - Item II-H.9 PLANNING ITEM # 22456 (Continued) Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: None September 10, 1984 - 16 - Item II-H.10 PLANNING ITEM # 22457 Attorney Grover Wright represented the applicant A motion was made by Councilir@an Jennings, seconded by Councilwoman Creech, to ADOPT an Ordinance upon application of ROBERT FERMAN AND HERMAN, INC. for a Change of Zoning from B-5 Resort-Commerical District to H-2 Resort Hotel District on a 1.03-acre parcel located at the southeast corner of Atlantic Avenue and 2nd Street (Lynnhaven Borough) A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Councilwoman Oberndorf, to DEFER for one week the application of ROBERT HERMAN AND HERMAN, INC. for a Change of Zoning from B-5 Resort-Commercial District to H-2 Resort Hotel District, in order that the City Attorney might review. The Board of Zoning Appeals had denied the applicant's request to have the Restaurant considered an accessory use to the Hotel. Voting: 3-8 (SUBSTITUTE MOTION LOST) Council Members Voting Aye; Barbara M. Henley, Robert C. Jones, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Cuncil Members Absent: None Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of ROBERT HERMAN AND HERMAN, INC. for a Change of Zoning per the following; ORDINANCE UPON APPLICATTON OF ROBERT HERMAN AND HERMAN, INC. FOR A CHANGE OF ZONING FROM B-5 to H-2 Z0984883 Ordinance upon application of Robert Herman and Herman, Inc. for a Change of Zoning Classification from B-5 Resort-Commer- cial D7i-strict on certain property located at the southeast corner of Atlantic Avenue and 2nd Street, running a distance of 300 feet along the east side of Atlantic Avenue, running a distance of 150 feet along the southern property line, running a distance of 300 feet along the eastern property line and running a distance of 150 feet along the south side of 2nd Street. Said parcel contains 1.03 acres. LYNNHAVEN BOROUGH. *Councilman Jennings referenced AGREEMENT between ROBERT HERMAN & HERMAN, INC., and the City of Virginia Beach, Virginia (Said AGREEMENT is hereby made a part of the proceedings)with reference to SURFING in this area. This Ordinance shall be effective upon the date of adoption, Adopted by the Co,,ncil of the CitY of Vi.rginia Beach, Virginia, on the Tenth day of Septemb,?r, NinOteOn Hundred and Eighty-f-ur. September 10, 1984 - 17 - Item II-H.10 PLANNING ITEM # 22457 (Continued) Voting: 8-1 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert G. Jones Council Members Abstaining: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None September 10, 1984 - 17a - This Aqreement, made this day of 1984, by and b;t;een 71 Grantor, of the one part, and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virqinia, Grantee, of the other part. WITNESSETH: WHEREAS, the Grantor has initiated amendments to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the classification of the Grantor's property from B-5, Resort Commercial District to H-2, Resort Hotel District, on certain property located at the Southeast corner of Atlantic Avenue and 2nd Street, runninq a distance of 300 feet along the East side of Atlantic Avenue running a distance of 150 feet along the Southern property line, running a distance of 300 feet alonq the Eastern property line and runninq a distance of 150 feet along the South side of 2nd Street, containing approximately 1.03 acres, said property being referred to hereinafter as 'the property." WHEREAS, the Grantee's policy is to provide only for the orderly development and use of land, for various purposes, and to protect the health, safety, welfare and morals of its citizens, through zoning and other land development legislation; and September 10, 1984 - 17b - WHEREAS, the- (-,rantor acknowledaes that the oompetina and sometimes incompatible uses of propertv conflict, and recognizing that in order to protect the health, safety, welfare and morals of the citizens and the community of Virginia Beach which may be adversely effected by change in uses, certain reasonable covenants and conditions governinq and relating to the uses of the property are needed to cope with the situation which the Grantor's rezoninq application gives rise to; and WHEREAS, the Grantor has voluntarily proferred in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoninq Map, in addition to the regulations provided for the zoninq districts or zones by the existing overall zoninq ordinance, the followinq reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoninq Map relative to the property described above, which have a reasonable relation to the rezoninq and the need for which is related to and in part generated bv the rezoning and Grantors potential development of the subject property; and WHEREAS, said conditions having been profered by the Grantor and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect despite any changes to or subsequent amendments to the zoning ordinance or implementation of a new zoninq ordinance, unless, notwithstanding the foregoing, these covenants and conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City -2- September 10, 1984 - 17c of Virginia Beach, virqinia and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that saili instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by tlle governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, conditional use permit, site plan, buildinq permit or subdivision approval, hereby makes the followinq declaration of covenants and conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and aqrees that this declaration shall constitute covenants running with the said property, which shall be bindina upon the property and upon all parties and persons claiminq under or through the Grantor, its successors, personal representatives, assigns, grantees and other successors in interest or title. The Grantor declares, recognizes, covenants and agrees that (1) all the land areaincluding the area commonly referred to as the "beach". lying to the east of the proderty is public -3- September 10, 1984 c)[ ttif- l,ublic i ii jrt,i t-11 l.i,-' @IL I 'iJ" U t 1 -Ii' I tL-Sdlill @A;-, surfing area; (2) it will not io Aiiy @ct L,j @i,@(--k closure )r @)C r,@@ILICI ion <)I- tti.@ i t A d @tiii,l -)f the prc-)Pect-@,/ j disclosure clause identifyinq.thf- itel -L3c @)f tiic- i-,r,-,p@-rtv @z: public beach an(i the riqhts of the City and )[ the public r:-) @jl:,- same for surfinq and other public purposes an(i to t:ecltlldte sa@n,, in the public inti-rest. The Grantor, aqrees and clearly un(ierstands tilat failure to meet all covenarits and conclitioris !;hall constitute cause to deny the is@;uance of anv of tkie r@qulre(i buildin,4 ur occupancy permits as may he appropriate, and the zoniliq map may show by an appropriate symbol on the map of the existence of conditions attaching to the zoning of ttie subject property on tile inap and that the ordinance and ttie conditir)ns may be made rea(iil,i available and accessible for public inspection in the Planninq Department and that they may be recorded in the Clerk's Office nl the Circuit Court of the City -)E Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. IN WITNESS WHEREOF, the4Grantor has caused this instrument to be executed in its corporate name by its as duly authorized by its stockholders and board of HERMAN, INC. BY SEAL) @4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I /-ci rii a Notary Publi and for the City and State aforesaid, do h@r-,,hy cer@ify thatz Whose name as such is signed to thp- foreqoinq writing bcarinq date on the 2-7-- day of I has acknc)wiedqed the same before me in my City and State aforesaid. GIVEN under my hand this day of 19@. September 10,11984 - 18 - Item II-H.11 PLANNING ITEM # 22458 Attorney Donald Rhodes represented the applicant and presented a petition of residents endorsing the application of John A. Brown for a Change of Zoning (said petition is hereby made a part of the record). A motion was made by Councilman Jennings, seconded by Councilman Fentress to ADOPT an application of JOHN A. BROWN for a Change of Zoning from R-5 Residential District to A-1 Apartment District (AMENDED from A-2) on a 35,458-square foot parcel located at the northwest corner of Old Great Ncck Road and Reagan Avenue (Lynnhaven Borough). Voting: 4-7 (MOTION LOST) Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Nancy A. Creech, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None Upon MOTION by Councilman Louis Jones, seconded by Councilwoman Creech, City Council DENIED an Ordinance upon application of JOHN A. BROWN for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF JOHN A. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2 Ordinance upon application of John A. Brown for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on certain property located at the northwest inter- section of Reagan Avenue and Old Great Neck Road, running a distance of 290.4 feet along the north side of Reagan Avenue, running a distance of 122.1 feet along the western property line, running a distance of 290.4 feet along the northern property line and running a distance of 122.1 feet along the the west side of Old Great Neck Road. Said parcel is located at 405 Old Great Neck Road and contains 35,458 square feet. LYNNHAVEN BOROUGH. September 10, 1984 - 19 - Item II-H.11 PLANNING ITEM # 22459 (Continued) Voting: 8-3 (MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Robert E. Fentress, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None September 10, 1984 - 20 - Item II-H.12 PLANNING ITEM # 22460 Attorney Grover Wright represented the applicant Tuck Bowie, Talbot and Associates, also represented the applicant A motion was made by Councilman McCoy, seconded by Councilman Baum, to ADOPT an Ordinance upon Application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District on certain property located 630 feet southeast of the intersection of Bonney Road and South Witchduck Road. (Kempsville Borough) A SUBSTITUTE MOTION was made by Councilwoman Oberndorf, seconded by Council- woman Henley, to DENY an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District (KEMPSVILLE BOROUGH). Voting: 4-7 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: 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 Absent: None Upon motion by Councilman McCoy, seconded by Counclman Baum, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning as per the following: ORDINANCE LJPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM R-8 TO A-1 Z0984884 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 Zbning Distritt Classi- fication from R-8 @esidential District to A-1 Apartment District on certain property located 630 feet southeast of the intersection of Bonney Road and South Witchduck Road, running a distance of 400 feet in a northeasterly direction, running a distance of 658 feet in a south- easterly direction, running a distance of 25 feet in a southerly direction, running a distance of 538 feet in a northwesterly direction, running a distance of 112.35 feet in a westerly direction, running a distance of 130 feet in a southwesterly direction and running a distance of 79.03 feet in a northwesterly direction. Said parcel contains 2.5 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of September, Nineteen Hundred and Eighty-four. September 10, 1984 2 1 Item II-H.12 PLANNING ITEM # 22460 (Continued) Voting: 7-4 (MAIN MOTION CARRIED) 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, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None September 10, 1984 - 22 - Item II-H.13 PLANNING ITEM # 22461 Attorney Grover Wright represented the applicant Dan Humphries, adjacent property owner, spoke in favor of the application Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City Council DENIED 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 BUTLDING CORPORATION FOR A CRANGE OF ZONING DISTRICT CLASSIFTCATION FROM R-6 TO A-1 Ordinance upon application of R. C. Moore Building Corporation for a Change of Zoning District Classification from R-6 Residential District to A-1 Apartment District on certain property located on the south side of Bonney Road beginning at a point 240 feet more or less east of South Witchduck Road, running a distance of 195 feet along the south side of Bonney Road, running a distance of 495.5 feet along the eastern property line, running a distance of 186.9 feet along the southern property line and running a distance of 514.9 feet along the western property line. Said parcel contains 2.11 acres. KEMPSVILLE BOROUGE. 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. Renry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 10, 1984 - 23 - Item II-H.14 PLANNING ITEM # 22462 Attorney Allen J. Gordon represented the applicant Roberta Jennings, represented the Newlight Civic League, and spoke in oppositon. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of SAMUEL SANDLER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON AND TAVIA F. GORDON for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF SANUEL SANDER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON, AND TAVIA F. GORDON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 ordinance upon application of Samuel Sandler, Harry Sandler, Allen J. Gordon, Daniel Gordon and Tavia F. Gordon for a Change of Zoning Distirct Classification from R-8 Resi- dential District to B-2 Community-Business District on certain property located on the north side of Indian River Road beginning at a point 160 feet east of Thompkins Lane, running a distance of 349.42 feet along the north side of Indian River Road, running a distance of 225.93 feet along the eastern property line, running a distance of 379.36 feet along the northern property line and running a distance of 229.68 feet along the western property line. Said parcel contains 1.95 acres. 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. Jonest Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None *Verbal Aye Council Members Absent: None September 10, 1984 - 24 - Item II-H.15 PLANNING ITEM # 22463 Attorney Grover Wright represented the applicant Thomas Holland, represented Elizabeth River Shores Civic League and spoke in Opposition. noting the wetlands area from Kings Creek Betty M. Dewberry, resident of Elizabeth River Shores Civic League, spoke in Opposition, citing the Thomas Murray House located in this area, and built in 1791. Virginia Beach City Council had extended special protective zoning to this residence in an effort to perserve its his- toric value. Mrs. Conrad registered opposition by phone to the City Clerk TJpon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Odinance upon application of Dr. C.M. McCOY for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF DR. C. M. McCOY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO B-2 Ordinance upon application of Dr. C. M. McCoy for a Change of Zoning District Classification from B-1 Business-Residential District to B-2 Community- Business District on certain property located on the west side of South Military Highway beginning at a point 900 feet more or less south of Dyer Place, running a distance of 99.43 feet along the west side of South Military Highway, running a dis- tance of 350 feet more or less along the southern property line, running a distance of 50 feet more or less in a northerly direction, running a distance of 112 feet in an easterly direction, running a dis- tance of 15 feet more or less in a northerly direction and running a distance of 231.54 feet along tbe northern property line. Said parcel is located at 705 South Military Highway and contains 30,056.4 square feet. KEMPSVILLE BOROUGH. Voting: 10-1 Council Members Voting Aye: 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: John A. Baum Council Members Absent: None September 10, 1984 - 25 - Item II-H.16 PLANNING ITEM # 22464 Reference was made to a letter from Gilbert E. Holt, President of CONCORDIA requesting WITHDRAWAL of the Application of URBAN ASSOCIATES THREE for a modification to the Land Use Plan (Said letter is hereby made a part of the record). Norman Berman, resident of Indian Lakes, presented a petition with 172 signatures in opposition to this Modification to the Land Use Plan (Said petition is hereby made a part of the record). Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of URBAN ASSOCIATES THREE for a Modification to the Land Use Plan as per the following: ORDINANCE UPON APPLICATION OF URBAN ASSOCIATES THREE FOR A MODIFTCATION TO THE LAND USE PLAN OF INDIAN LAKES Ordinance upon application of Urban Associates Three for a modification to the Land Use Plan of Indian Lakes to include townhouse sites on a 2-acre parcel located on the east side of Indian Lakes Boulevard, 352 feet south of Kittery Drive. Plats with more detailed in- formation are available in the Department of Planning. 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 September 10, 1984 - 26 - Item II-I.1a.b.c. RESOLUTIONS ITEM # 22465 Guy R. Fridell, attorney of tbe firm of Willcox and Savage, responded to Council's inquires concerning monitoring of twenty (20%) percent in Revenue Bonds that is reserved for those who require some type of subsidy for low and moderate income. Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED the following RESOLUTIONS: RESOLUTION INVITING AND ENCOURAGING PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO PROVIDE THEIR SPECIAL REVENUE BONDS TO REGANCY APARTMENTS ASSOCIATES ($32,000,000). RESOLUTION ENCOURAGING THE HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL REVENUE BONDS FOR THE BENEFIT OF WINDSOR HOLLAND PROPERTIES ($5,500,000). RESOLUTION ENCOURAGING THE HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL REVENUE BONDS FOR THE BENEFIT OF MAYFLOWER SEASIDE TOWER ASSOCIATES ($17,000,000). As a part of tbis motion to ADOPT, the various Redevelopment and Housing Authorities are to advise the City of Virginia Beach concerning their occupancy availability for the twenty (20%) percent of low and moderate- income units. 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 September 10, 1984 - 26c - RESOLUTION OF THE CITY COUNCIL OF VIRGINIA BEACH DECLARING A NEED FOR PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE MULTI-FAMILY RENTAL HOUSING BONDS FOR REGENCY APARTMENTS ASSOCIATES LIMITED PARTNERSHIP WHEREAS, pursuant to Section 36-23 of the Code of Virginia of 1950, as amended, the City Council (the Council) of the City of Virginia Beach, Virginia (the City) has held a public hearing for the purpose of determining whether (i) insanitary or unsafe inhabited dwelling accommodations exist in the City, or (ii) there is a shortage of safe or sanitary dwelling accommodations in the City available to persons of low income at rentals they can afford, and that these conditions can best be remedied through the exercise by the Portsmouth Redevelopment and Housing Authority of its powers under the Virginia Housing Authorities law within the territorial boundaries of the City; and WHEREAS, Regency Apartments Associates Limited Partnership (the Company) has requested the Portsmouth Redevelopment and Housing Authority to assist the Company in its acquisition and rehabilitation of a eight hundred sixty-two (862) unit multi-family rental housing project (the Project) known as the Reqency Apartments, located at 2100 Westminister Lane in the City by issuing up to Thirty-Two Million Dollars ($32,000,000) of its Multi-family Rental Housing Bonds (the Bonds); and WHEREAS, twenty percent (20%) of the units in the Project will be occupied by individuals or families of low or moderate income as defined in Treasury Regulations Section 1.103-8(b)(8)(v); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council hereby determines and finds (i) that insanitary or unsafe inhabited dwelling accommodations exist in the City, (ii) that there is a shortage of safe or sanitary dwelling accommodations in the City available to persons of low income at rentals they can afford, and (iii) that these conditions can be best remedied through the exercise by the Portsmouth Redevelopment and Housing Authority of its powers within the City, including specifically the issuance of the Bonds. 2. The Council hereby declares that there is a need for the Portsmouth Redevelopment and Housing Authority to exercise its powers in the City by issuing the Bonds. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on September 10, 1984. September 10, 1984 - 26a - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: REGENCY APARTMENTS 2. LOCATION: 2100 Westminister Lane Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 862 Unit Multi-Family Rental Housing Project 4. AMOUNT OF BOND ISSUE: $32,000,000 5. PRINCIPALS: AmReal Realty, Inc. and N. Barton Tuck, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A The purpose of this Resolution is to invite and encourage the Portsmouth Redevelopment and Housing Authority to issue its Special Revenue Bond for the benefit of Regency Apartments Associates Limited Partnership. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bond. September 10, 1984 PT.ZOJECT NA-@IE- REGENCY APARTMENTS PROJECT ADDRESS: 2100 Westminister Lane, Virginia Beach, @7A TYPE OF PROJECT! rental housing project @eptember 10, 1984 - 26d SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU THORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: Windsor Holland Properties Western end of Windsor Oaks West, 2. LOCATION: between Mount Trashmore and Holland Plaza Shoppi5g Center in Virginia Beach, Virginia i - 3. DESCRIPTION OF PROJECT: construction of 152 units of resi- dential apartments 4. AMOUNT OF BOND ISSUE: $5,500,000 5. PRINCIPALS: Barry D. Clark, Nanc L. Cl rk' Howard M. Weisberg, ,! M,ron Chen, Lee D. Cohen, General Investors Realty Associates 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-1 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? A portion along one side of the property is zoned B-2. while re- zoning is not r-equired for'the construction of this facility, the Applicant may request that such be rezoned A-1, and a corresponding strip along the opposite side of the property could be zoned from A-1 to B-2 in exchange. The purpose of this Resolution is to encourage the Hampton Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Windsor Holland Properties. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. September 10, 1984 I L I LOCATION PLAN HOLI-AND PLAZA APARTMENTS PROJECT NAME: Windsor Holland Properties PROJECT LOCATION: western elld f Wind..r O@k.@ West; Between Mount Trash- more & Holland Plaza Talbot& Shopping Center TYPE OF PROJECT: 152-Unit Resideil@ial Ltd Apartments September 10, 1984 - 26f - RESOLUTION WHEREAS, Windsor Holland Properties, a Virginia general partnership (the "Developer") desires to construct housing in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, the City wishes to induce the construction of such housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the construction of said housing with the proceeds of industrial revenue bonds exempt from taxation pursuant to SS 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Hampton Redevelopment and Housing Authority (the "Authority") has the power to make loans for assistance in housing construction and is willing to issue bonds for the benefit of the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Authority to exercise its afore- said powers within the City for the purposes hereinabove de- scribed, and the Authority is invited and encouraged to issue its bonds for the benefit of the Developer and the furtherance of said purposes. 2. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the September 10, 1984 - 26g Developer, or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest due thereon or other costs incident thereto, and neither the faith and credit not the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. Adopted this September 10 1984. -2- September 10, 1984 - 26h - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AP-PROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED By HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: Mayflower Seaside Tower Associates 2. LOCATION: 34th Street and Atlantic Avenue Virginia Beach, Virginia renovation of 15-story brick and 3. DESCRIPTION OF PROJECT: masonry building containing 268 residentiai apart@ent n@its and 4,700 square feet of first-floor retail commerciai space (cong ruc e-d in 1950) 4. AMOUNT OF BOND ISSUE: $17,000,000 5. PRINCIPALS: Tittlpton C. Hildgins and William S. Hudgins 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-5 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? N/A The purpose of this Resolution is to encourage the Hampton Redevelopment and Housing Authority@to issue its Special Revenue Bonds for the benefit of Mayflower Seaside Tower Associations. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. September 10, 1984 26i map ion 451 (,AMP Pl@.7d PROJECT NAME: Mayflower Seaside Tower Associates PROJECT LOCATION: 34th Street and Atlantic Avenue TYPE OF' PROJECI': Reiiovdtioti of Bldg. Containirig 268 Apart@'.'i ment Units - 26j RESOLUTION WHEREAS, Mayflower Seaside Tower Associates, a Virginia limited partnership or any other partnership or corporation of which Littleton C. Hudgins is a partner or shareholder (the "Developer") desires to renovate existing housing in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, the City wishes to induce the acquisition and renovation of such housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the acquisition and renovation of said housing with the proceeds of industrial revenue bonds exempt from taxation pursuant to SS 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Hampton Redevelopment and Housing Authority (the "Authority") has the power to make loans for assistance in housing acquisition and renovation and is willing to issue bonds for the benefit of the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Authority to exercise its afore- said powers within the City for the purposes hereinabove de- scribed, and the Authority is invited and encouraged to issue its bonds for the benefit of the Developer and the furtherance of said purposes. September 10, 1984 - 26k - 2. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer, or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest due thereon or other costs incident thereto, and neither the faith and credit not the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. Adopted this September 10 19 84. -2- September 10, 1984 - 27 - Item 11-I.2 ORDINANCE ITEM # 22466 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance to DELETE Section 7-29 of the Code of the City of Virginia Beach, pertaining to REPLACEMENT OF MUTILATED, LOST OR STOLEN BICYCLE DECALS. 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 September 10, 1984 - 27a - Requested by: City Treasurer AN ORDINANCE TO DELETE SECTION 7-29 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO REPLACEMENT OF MUTILATED, LOST OR STOLEN DECAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7-29 of the Code of the City of Virginia Beach, Virginia, is hereby deleted as follows: Adopted by the City Council of the City of Virginia Beach, Virginia on the day of 1984. MES/ih 08/20/84 (E) APIVED TO C&IT SIGNATURE DEPARTMENT FORM S@NATURE CrrY ATTORNEY September 10, 1984 - 28 - Item II-I.3 ORDINANCE ITEM # 22467 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to AMEND and reordain Section 18-3 of the Code of the City of Virginia Beach, Virginia, pertaining to General DUTIES of LICENSE INSPECTOR AND ASSISTANTS. 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 September 10, 1984 28a - Requested by: Commissioner of Revenue AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING To GENERAL DUTIES OF LICENSE INSPECTOR AND ASSISTANTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-3 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 18-3. Designation and general duties of license inspector and assistants. The commissioner of revenue shall designate some person in his office to act as license inspector and such assistant license inspectors he may deem necessary. The license inspector and the assistant license inspectors shall see that the provisions of this chapter are enforced. The license inspector or any assistant license inspector shall make such reports to the commissioner of revenue as may be required and perform any service required by the commissioner of revenue in connection with the enforcement of the provisions of this chapter. It is hereby specifically made the duty of the license inspector, his assistants, and the police department to issue summonses to any person found to be in violation of this chapter to come before the general district court of the city. Adopted by the City Council of the City of Virginia Beach on the 10 day of September , 1984. MES/ih AP@VEO AS TO CONTENT 08/17/84 (E) StGNATW I ORIM CITY A7T,' ':,'FY September 10, 1984 - 29 - Item II-I.4 ORDINANCE ITEM # 22468 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way of Croatan Road, to BANGEL-KRAMER ENTERPRISES, its asigns and successors in title. The following conditions of this Encroachment shall be required: 1. Construction shall be in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to any officer of Bangel-Kramer Enterprises, 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 Croatan Road by the Bangel- Kramer Enterprises. 3. Bangel-Kramer Enterprises, its assigns and successors in title shall bear all costs and expenses of such removal. 4. It is expressly understood and agreed that the Bangel-Kramer Enterprises shall idemnify 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. 5. This ordinance shall not be in effect until such time that the Bangel-Kramer Enterprises executes an agreement with the City of Virginia Beach encompassing the afore- mentioned provisions deemed appropriate by the City Attorney. 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 September 10, 1984 - 29a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CROATAN ROAD, TO BANGEL-KRAMER ENTERPRISES, 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 Bangel-Kramer Enterprises, 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 Croatan Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a brick and wood fencing ahd 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 Croatan Road, as shown on that certain plat entitled: "FENCE LOCATION, SCHOONER QUAY AT CROATAN, SHEETS 1, 2 & 3," copies which are 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 Bangel-Kramer Enterprises, 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 Croatan Road by the Bangel-Kramer Enterprises and that the BAngel-Kramer Enterprises, its assigns and successors in title shall bear all costs and expenses of such removal. September 10, 1984 - 29b - And PROVIDED FURTHER, that it is expressly understood and agreed that the Bangel-Kramer Enterprises, 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 Bangle-Kramer Enterprises executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, 10 September 84 Virqinia, on the day of 19-. MES/re 9/3/84 (29C) APPROVED AS TO CONTENT SIGNATURE DEPARTMENT Alt AS TfO 0 @j CITY ATTORNEY -2- September 10, 1984 - 30 - Item II-J. GONSENT AGENDA ITEM # 22469 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION, Items I* 2, 3, 4, 5, 8, 9, 11, 12, 13, 14, 15, 16, and 17* of the CONSENT AGENDA. Item No. 1 was DEFERRED for two weeks until the City Council Meeting of September 24, 1984. Items 6, 7 and 10 were voted upon separately. Concerning Item No. 17, the City Manager requested the staff be given authority to proceed with either Alternate #1 or Alternate #IA in the Lynnhaven Parkway Phase IV and Lynahaven Parkway-Holland Road Intersection Projects. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 31 - Item 11-J. I CONSENT AGENDA ITEM # 22470 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council DEFERRED for two weeks, until the City Council Meeting of Septemer 24, 1984, 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: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 32 - Item II-J.2 CONSENT AGENDA ITEM # 22471 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance, on SECOND READING, to accept grants and appro- priate $231,220 from State aid and $5,739 from Federal aid to PUBLIC LIBRARIES. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 32a - AN ORDINANCE TO ACCEPT GRANTS OF $231,220 FROM STATE AID TO PUBLIC LIBRARIES AND $5,739 FROM FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Libraries, and WHEREAS, grants of $231,220 from State Aid to Public Libraries and $5,739 from Federal Aid to Public Libraries are available for this purpose, and WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the above two grants be accepted and funds of $236,959 be appropriated to the Department of Public Libraries for the FY 85 Operating Budget as follows: Contractual Services $ 25,659 Books and Subscriptions 107,957 Library and Other Supplies 1,509 Furniture and Fixtures 38,180 Data Processing Equipment 63,654 Total $236,959 BE IT FURTHER ORDAINED that Estimated Revenues from tbe Commonwealth of Virginia be increased by $231,220 and Estimated Revenues from the Federal rovernment be increased by $5,739 to finance the appropriations. This ordinance sball be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 10 day of September 19 84 FIRST READINC: August 27, 1984 September 10, 1984 SECOND READIIG: F. T::, JIN September 10, 1984 - 33 - Item II-J.3 CONSENT AGENDA ITEM # 22472 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate $127,100.00 from the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT for RENTAL HOUSING REHABILITATION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 33a AN ORDMMCE 7o ACCEPT AND APPROPRI= $127,100.00 FROM THE U. S. DEP OF HOUSING AND F'OR HOUSIt4G ILITATICN the U. S. t of Housing @ Urban Developmnt (HLD) has awarded the City of Virginia Beach a grant in the amount of $127,100.00 for use in Rental Housirig Rehabi-litation, and , the City of Virginia Beach has develcped a Rental Housirbg Rehabilitation program omta the necessary isms for iml@tatim in cmpliance with federal and local directives, and WHEREAS, the use of these furxis for Rental Hous@ Rehabilitation wi.11 assist in the City's goal of eliminating deteriorated corxlitions in low and moderate inoane neighborhoods. NOrA, TH=DM, BE IT 0 BY THE IL OF THE CrrY OF IA BEACH, IA: That funding of $127,100.00 fran HUD be acoepted and appropriated for use in Rental Housing Rehabilitation. AND BE IT FURTHER ORDAI = , that the apprcpriations be f 100% by federal furxis fran HM, with rio local rratch required. FIRST @IM: September 10, 1984 SEOCND READING: September 10, 1984 - 34 - Item II-J.4 CONSENT AGENDA ITEM # 22473 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $10,000 for the SHAKESPEARE FESTIVAL PROGRAM. Voting; 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 34a - AN ORDINANCE TO APPROPRIATE FUNDS OF $10,000 FOR THE SRAKESPEARE FESTIVAL PROGRAM WHEREAS, the Department of Parks and Recreation has pro- vided a Shakespeare Festival Program from August 17th through September 1, and WHEREAS, the Virginia Beach Public Schools has requested that the department provide seven additional performances of Macbeth at the Pavilion Theatre for Virginia Beach students from September 17th-21st, and WHEREAS, the additional performances are estimated to cost $10,000 and the School Administration is willing to pay this amount for these services. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $10,000 be appropriated to the Department of Parks and Recreation for the additional performances of the Shakespeare Festival Program and that local miscellaneous revenues be increased by $10,000 to offset the additional appropriation. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: September 10, 1984 SECOND READING: JCM/ORD/15 APPROVED AS TO CONTCNT 11-@ATl DEPARTP,@'!NT September 10, 1984 CITY ATIORNEY - 35 - ltem 11-J.5 CONSENT AGENDA ITEM # 22474 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED an Ordinance, on FIRST READING, to appropriate $5,292,960 for Fiscal Year 1985 for the PAYMENT OF PURCHASE ORDERS brought forward from Fiscal Year 1984.* *"FIRST READING" was OMITTED on the Agenda of City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 35a - 0 lk AN ORDINANCE TO APPROPRIATE $5,292,960 FOR FISCAL YFAR 1985 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1984 WHEREAS, during the course of business in fiscal year 1984, purchase orders or contracts were issued committing the City to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1984 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1984 there were purchase orders or contracts totaling $5,292,960 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $5,292,960 unexpended and represented by purchase orders outstanding on June 30, 1984 be reappropriated as additions to fiscal 1985 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $3,987,826 Water and Sewer 548,518 Law Library 538 Tidewater Virginia ASAP 11,807 Pendleton Child Service Center 9,407 School Operating 734,864 Total Outstanding $5 292 960 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: September 10, 1984 SECOND READING: JCM/ORD/19 September 10, 1984 - 36 - Item II-J.6 CONSENT AGENDA ITEM # 22475 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED an Ordinance to transfer Capital Project Funds of $60,000 for Project #6-832 DONCASTER SEWER LINE EXTENSION.* * Councilwoman Oberndorf's Motion was to transfer $60,000 from the County/ Kemspville Connection of HRSD to the Little Neck Area. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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. September 10, 1984 - 36a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $60,000 FOR PROJECT #6-832 DONCSTER SEWER LINE EXTENSION WHEREAS, the Department of Public Utilities desires the exten- sion of sewer lines along Doncaster Court in the Little Neck area to serve present and future homeowners, and WHEREAS, the cost of the sewer extension is estimated at $60,000, and WHEREAS, the amount needed may be transferred from project #6-924 County/Kempsville Connection to HRSD due to the inactive status of that project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that project #6-832 Doncaster Sewer Line Extension is hereby established as a capital project and that $60,000 is transferred from project #6-924 County/Kempsville Connection to HRSD for sewer lines along Doncaster Court. Adopted by the Council of the City of Virginia Beach on the 10 day of September 19 84 APPROVED AS TO CONTENT SIG.NATUP,E At September 10, 1984 KAR/2 ORD17 - 37 - Item II-J.7 CONSENT AGENDA ITEM # 22476 Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to Transfer Capital Project Funds of $56,500* for LINKHORN COVE PARK SITE ACQUISITION. *This amount was incorrectly listed on City Council's Agenda as $56,000. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Earold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None September 10, 1984 - 37a AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $56,500 FOR LINKHORN COVE PARK SITE ACQUISITION WHEREAS, the FY84-FY88 Capital Improvement Program includes project 4-810 Linkhorn Cove Park, and WHEREAS, in accordance with the Reservation Agreement, the owner of the property to be acquired for the park site has requested reimbursement for taxes and interest paid on the property in addition to the raw land cost, and WHEREAS, it is estimated that in addition to the $49,020 presently available for this site acquisition, additional funds of $56,500 will be needed, and WHEREAS, the needed funding may be transferred on a tem- porary basis from project 4-915 Lynnhaven Park. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA that capital project funds of $56,500 be transferred from project 4-915 Lynnhaven Park to project 4-810 Linkhorn Cove Park for site acquisition. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 10 day of September 1984. JCM/ORD/23 September 10, 1584 - 38 - Item II-J.8 CONSENT AGENDA ITEM # 22477 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to Transfer funds of $77,580 within the Department of Public Works for the TEMPORARY LABOR SERVICES PROGRAM. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 38a - AN ORDINANCE TO TRANSFER FUNDS OF $77,580 WITHIN THE DEPARTMENT OF PUBLIC WORKS FOR THE TEMPORARY LABOR SERVICES PROGRAM WHEREAS, in the FY84-85 Operating Budget of the Department of Public Works, Refuse Collection Unit, funds of $77,580 were allocated for temporary unskilled salaries, and WHEREAS, the Department has found it advantageous to utilize by contractual arrangement temporary labor services in lieu of direct employment of temporary personnel, and WHEREAS, the Refuse Collection Unit requests a transfer within its budget of $77,580 from temporary unskilled salaries into contractual services in order to participate in the temporary labor services program. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of S77,580 be transferred within the Department of Public Works, Refuse Collection budget unit from temporary unskilled salaries to contractual services for utilization in the temporary labor services program. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 10 day of September 1984. JCM/ORD/21 September 10, 1984 - 39 - Item 11-J.9 CONSENT AGENDA ITEM # 22478 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to Transfer funds of $21,500 to provide OFF SEASON PARKING ON ATLANTIC AVENUE. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 39a - AN ORDINANCE TO TRANSFER FUNDS OF $21,500 TO PROVIDE OFF SEASON PARKING ON ATLANTIC AVENUE WHEREAS, City Council desires to promote off season parking on Atla'ntic Avenue, and WHERFAS, the estimated materials cost for temporary markings is $21,500 and the Department of Public Works will provide the labor to install the materials and to remove them in the spring, and WHEREAS, the necessary funding can be provided by transfer from the General Fund Reserve for Contingencies. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $21,500 be trans- ferred from the General Fund Reserve for Contingencies to the DepartTnent of Public Works to provide for off season parking on Atlantic Avenue. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 10 day of September 1984. AriPROVEL) AS TO CONTENT SIG @4A DEPARTMENT -D AS@ FQRA& r 'WNAT@.IRE CITY ATTORNEY JCM/ORD/13 September 10, 1984 - 40 - Item II-J.10 CONSENT AGENDA ITEM # 22479 Frances Elrod, Director of Social Services, spoke concerning this Ordinance. Mrs. Elrod advised in the transfer of these funds, State Compensation would reimburse the major portion, leaving the City an approximate expenditure of $48,000. Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to include SOCIAL SERVICES EMPLOYEES under the CITY'S PAY PLAN and to transfer funds of $482,889 for this purpose. 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 September 10, 1984 40a - z p- z 0 o Z z 0 AN ORDINANCE TO INCLUDE SOCIAL SERVICES EMPLOYEES UNDER THE > u CITY'S PAY PLAN AND TO TRANSFER 0 FUNDS OF $482,889 FOR THIS PURPOSE WHEREAS, recently the State Board of Social Services approved the city's application for a "Compensation Only Deviation" Plan for employees of the Department of Social Services for Virginia Beach, and WHEREAS, the plan allows for these employees to be recognized as city employees for pay/salary purposes only, and WHEREAS, in order to place the 225.6 social services employees on the city's pay scale funds of $121,498 are needed for salaries and fringe benefits and an additional $361,391 are needed to provide the 7.5% general salary increase given city employees on July 1, 1984, and WHEREAS, the total conversion cost of $482,889 may be pro- vided by transfer of $167,272 from a Social Services Reserve for Contingencies salary account and $315,617 from the General Fund Reserve for Contingencies salary account. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that social services employees be recognized as city employees for the purposes of pay/salary and be included under the city's pay plan. For this purpose funds of $167,272 from the Social Services Reserve for Contingencies salary account and $315,617 from the General Fund Reserve for Contingencies salary account are hereby transferred to the various salary and fringe benefits accounts of the Department of Social Services. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 10 day of September 1984. JCM/ORD/17 September 10, 1984 - 41 - Item II-J.11 CONSENT AGENDA ITEM # 22480 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to Transfer $40,248 of Capital Project Funds to #2-014 LYNNHAVEN INLET MAINTENANCE DREDGING and #2-970 LYNNHAVEN INLET DREDGING. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 41a - AN ORDINANCE TO TRANSFER $40,248 OF CAPITAL PROJECTS FUNDS To #2-014 LYNNHAVEN INLET HAINTENANCE DREDGING AND #2-970 LYNNHAVEN INLET DREDGING WHEREAS, the City had established two capital projects for dredging of the Lynnhaven Inlet, #2-970 Lynnhaven Inlet Dredging for site acquisition and the original dredging and #2-014 Lynnhaven Inlet Haintenance Dredging for site preparation and periodic maintenance dredging, and WHEREAS, additional spoils site and site preparation are needed to proceed with the maintenance dredging in accordance with the agreement with the U.S. Army Corps of Engineers, and WHEREAS, project #2-970 will need $36,248 to cover site acquisi- tion costs and project #2-014 will need $4,000 to cover site preparation costs, and WHEREAS, the total amount needed may be transferred from project #2-712 Dredging Eastern Branch Lynnhaven River since that project is pre- sently inactive, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that capital project funds be transferred as shown below to provide additional funds for the dredging of Lynnhaven Inlet. Transfer To: #2-014 Lynnhaven Inlet Haintenance Dredging $ 4,000 #2-970 Lynnhaven Inlet Dredging 36,248 Transfer From: #2-712 Dredging Eastern Branch Lynnhaven River $ 40,248 Adopted by the Council of the City of Virginia Beach on the 10 day of September 19 84 September 10, 1984 KAR 2 ORD16 - 42 - Item II-J.12 CONSENT AGENDA ITEM # 22481 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to authorize the acquisition of permanent UTILITY EASEMENTS for Demolition of WEAVER DRIVE PUMPING STATION and Extension of Gravity Sewer to serve WILLIAMS VILLAGE C.I.P 6-915, either by agreement or by condemnation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 42a - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PERMANENT UTILITY EASEMENTS FOR DEMOLITION OF WEAVER DRIVE PUMPING STATION AND EXTENSION OF GRAVITY SEWER TO SERVE WILLIAMS VILLAGE C.I.P. 6-915, EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience and welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property for permanent easements as shown on the plans or plats entitled, Demolition of Weaver Drive Pumping Station and Extension of Gravity Sewer to Serve Williams Village C.I.P. 6-915, these plans or plats being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of,Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of September 19 84. JAR/sm APPRO hk TO CONTENT 8/30/84 CERTIFIE@S TO AVAILABILITY OFFUNDS (9) c Beach, % ENT for Admi APP S SIGNATIJ AT !V - 43 - Item II-J.13 CONSENT AGENDA ITEM # 22482 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance authorizing the City Manager to execute a DEED OF VACATION and QTJITCLAIM between the City of Virginia Beach and DOMINION HOMES CORPORATION, vacating portions fo the five-foot Utilities and Drainage Easements lying along the northeast and northwest boundaries of parcel 'C' on the subdivision plat of "TIMBERLAKE PARCEL 29,100", in the Kempsville Borough. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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. September 10, 1984 - 43a - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM BETWEEN THE CITY OF VIRGINIA BEACH AND DOMINION HOMES CORP., VACATING PORTIONS OF THE FIVE FOOT UTILITIES AND DRAINAGE EASEMENTS LYING ALONG THE NORTHEAST AND NORTHWEST BOUNDARIES OF PARCEL 'C' ON THE SUBDIVISION PLAT OF 'TIMBERLAKE PARCEL 29,100,' IN THE KEMPSVILLE BOROUGH WHEREAS, by Plat, entitled "SUBDIVISION OF TIMBERLAKE PARCEL 29,100 KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA,' dated March 25, 1982, prepared by Basgier and ASSOCiates, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 155, at Page 54 (hereinafter the 'Plat'), Timberlake Associates, predecessor in title to Dominion Homes Corp., dedicated to the City of Virginia Beach a 'five foot easement ... along and adjacent to all side and rear lot lines ... for the installation and/or maintenance of utilities and drainage facilities," which dedication is reflected in the 'NOTES' portion of the Plat. A reduced copy of the Plat is attached hereto and made a part hereof as "Exhibit A;" and WHEREAS, Dominion Homes Corp, a Virginia corporation, as owner of Parcel "C" as shown on the Plat, has requested that the City vacate the dedicated five foot utilities and drainage easements alonq the northeast and northwest property lines of Parcel "C" (hereinafter the 'Easements To Be Vacated'). The location and approximate size of the Easements To Be Vacated are shown as the shaded area on Exhibit A; and WHEREAS, it has been determined by the Department of Public Works that the Easements To Be Vacated are in excess of the needs of the City of Virginia Beach and are no longer required for utilities and drainage purposes, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Manager is hereby authorized to execute a Deed of Vacation and Quitclaim (a copy of which is attached hereto as Exhibit B and is incorporated herein by reference) between the September 10, 1984 - 43b - City and Dominion Homes Corp., releasing the City's right and interest in the Easements To Be Vacated. Adopted by the Council of the City of Virginia Beach, Virginia, on September 10, 1984 Ci/da (C) 8/3 0/8 4 APPr'.r-'VED A.-, T-0 CON'TENT D',.PARTM',,'4T D AS TO fopm :Izll,116@ 1 @IGNATURE CITY ATTORNEY September 10, 1984 -2- FXHIB fT43,b - THIS DEED OF VACATION AND QUITCLAIM, made this day of 1984, by and between the CITY OF VIRGINIA BR@ACH, a municipal corporation of the Commonwealth of Virqinia, party of the firsl part, and DOMINION HOMES CORP., a Virginia corporation, whose current address is 234 Church Street, martinsville, Virginia, 24112, party of the second part. W I T N E S S E T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first parl- hereby releases, vacates, and forever OUITCLAIMS unto the party of tlie secotid part its right and interest, if any, in the following described property: A].]. those certain five foot titilities and draiiiage easeitierits alonq and witilill tile northeast and northwest property lines of Parcel "C," which easeinents were dedicated to the City of Beach by "NOTES" shown on that certain plat entitled "SUBDIVISION OF TIMBERLAKE PARCEL 29,100,11 dated March 25, 1982, prepared by Basgier and Associates, a Professional Corporation, Consulting Engineers-Surveyors-Planners, Virginia Beach, Virginia, and recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virqinia, in Map Book 155, at Page 54. All other easements dedicated to the City of Virginia Beach by the aforesaid plat which have not herein or heretofore been released are hereby affirmed. This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain of title, if any, co@stituting constructive notice thereof. IN WITNESS WHEREOF, the City of Virqinia Beach has caused its name to be signed by its City Manager and its seal to be affixed and attested to by its City Clerk, and said action was authorized by an ordinance adopted by the Council of the City of Virginia Beach, at a meetinq duly called and held on the day of 1984. CITY OF VIRGINIA BEACH By --'-=ity Manaqer (SEAL) ATTEST: September 10, 1984 - 43d - WINDSOR OAKS BOULEVARD - 44 - Item II-J.14 CONSENT AGENDA ITEM # 22483 Attorney Richard Lowery was in attendance to respond to any questions concerning the Street Closure Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance appointing VIEWERS in the petition of ROLAND H. and VIRGINIA L. COPELAND for the closure of a portion of Ranger Street (Kempsville Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager C. Oral Lambert, Jr. Director of Public Works Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 44a OL.DI14ANCE APPOINTING VIE'.VE@Q- -;IHE'EAS, Roland H. and Virginia L. Copeland, have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 10th day of September, 1984, adply to the City Council of the City of Virginia Beach, Virginia, for the adpointment of viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, and, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of Fifty Foot width, and have filed such an-pli- catiDn with said Council. lij;ll, THE@iEFO@,@,, be it @)@1,DAINED by the Council of the City of Virginia Beach, Virginia$ ROBERT J.. SCOTT THAT DAVID M. GROCHMAL and C. ORAL LAMBERT, JR. are hereby apoointed to view the below described property and report in writing to the Council, as soon as Dossible, whether in their o.Dinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a Dortion of that certain street of Fifty F---t width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Ranger Street beginning at a point on the East side of Maralon Drive and thence N-- 40 33' E a distance of 50-00 feet to a point along @ight 0of Way of Maral()n Drive, and thence S 85 2?' E for 189.25 feet to a noint, whese the open Dart of Ranger St. ends; thence s 4 33' @,,i for a distapce of 50 feet, t:) a point, thence North 85- 27' W for a distance of 189.25 feet to the point of beginning. (Portion to be vacated is designated as 9412.5 square feet of -,anger Street.) All the above, as shown upon that certain plat entitled "Plat showing propised street closing of part of l@an_-er Street, Avalon Villa, KemDsville Borough, Virginia Beach, Virginia for Roland H. Cooeland Scale 111 . 40' dated August 4, 1984 by James C. Hickman, Land'Surveyor, Virginia Beach, Virginia (#84-650 plat recorded in Map Book 85 page 41) @,lihich -olat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afDredescribed street. September 10, 1984 - 44b - IN THE MATTER OF CL,)SING, VACATING AND DISCONTINUING A P @,"TIJN )F THAT CEl@TAII4 ST@@ET, KN.@117N AS 'AliGE'% O@T-E-13T, AS SH-;.',TN UPON THAT CERTAIN PLAT --?NTITLED, "'@DLAT SH@@'ll@NG P.-@OPOSI@'D ST-'EET CL 1SING I,iF PAI@T -,'F @DANGE@ STREET, AVAL@N VILLA, KE14PSVILLE B)-iOUGH, VI-@GINIA BEACH, VII)GINIA FOR ROLAND H. CO@VELAND SCALT-@ 1', . 4o, DATF--D AUGU.ST 4, 1984 BY JAMES C. HICKMAN, LA-iiD SU@1,VEY@;.@,, VII@GINIA. B@-;,ACH, VI@GINIA ($84-650 PLAT 'IECO,@L)ED IN VI@@GIIiIA. BF,,,ACH, VI-),GINIA YIAP Bj,)K 85 PAGE 41) P-PTITION TO: THE YIAYO@, AND THE MEMBE@S OF THE COUNCIL JF THE CITY :)F VI-IGINIA BEACH, VI@IGINIA Your Petitioner, Roland H. Copeland and Virginia L. CoDeland respectfully redresent as follows: 1. That Dursuant to the DrDvisions of Secti@n 15.1- 364 of the 1950 Code of Virginia, as amended, the Petitioner aoplies for the vacating, closing, and discontinuance of a nortion of that certain street, which is more sdecifically desc@-ibed as follows! Ranger Street beginning at a Doint on the East side of Maralon Drive and thence N 40 33' -;' a distance of 50-00 feet t:) a Doint along .-@ight,c)f "lay of Maralon Drive, and thence S 85- 27';E for 189.25 feet to a point, whese the open part of Ranger St. ends, thence S 4 33' W for a dista@ce of 50 feet, to a Point, thence N@)rth 85- 27' @,i for a distance of 189.25 feet to the ooint of beginning. (rortion to be vacated is designatod as @412.5 square feet of .@anger Street.) All the above, as shown udon that certain plat entitled "Plat showing orooosed street closing of Dart of @'Langer Street, Avalon Villa, KemDsville B'D@-ough, Virginia Beach, Virginia for Roland H. Co'Deland Scale 111 . 40' dated August 4, 1984 by James C.*Hickman, Land Surveyor, Virginia Beach, Vi@oginia (-11184-650 T)lat recorded in I,,Ian Book 85 ,)age 41) Which plat is attached hereto and made a Dart hereof and intended to be recorded with the Jrdinance closing the aforedascribed street. - 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance @of said strebt, and the Petitijner Drays that this HinDrable Council aDDoint viewers as nrovided by la:,,@i to view said platted street Droposed to be closed and t,) report in writing tc) the Council on ir before the 10th day of SeDtember, 1984, as to whether in the o.T)inion of said Viewers, what inconvenience, if any, would result from the discontinuance and cldsing of this portion of said street, as herein reported and described. September 10, 1984 - 44c - 3. That on the 12th day of August, 1984 and on the lgth day of August, 1984, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein, Roland H. Copeland and Virginia L. Copeland, Steven E. Walls and Lynn H. Walls, 724 Maralon Drive, Virginia Beach, Virginia 23464. Respectfully submitted, ROLAND H. COPELAND VIRGINIA L, I Bys Ric-hard W sel RICHARD W. LOWERY 1467 Virginia Beach Boulevard Virginia Beach, Virginia 23454 September 10, 1984 44d LAW OFFICES .iIP67 $*M V I RG I N I A BEACH BLVO. VIRGINIA BEACH,VA 23462 RICHARD W. LOWERY TELEPHONE 3 LAII,xney at -CaW or VJ3STING OF TITLE 11 tiohard @.11. lo@.iery attorney for, .17@oland H. and Virginia L. Copeland do hereby cor-tify that: I am an attorney at law and represent i-'oland H. and- (,'O )(@ l@Z@Ll id _, 1;11(,, 2. If the T.)roT)erty describea beloi,) is discontinued, closed and vacaL@,@t by Coun(:ij- oi' -Lll(,' @i-ty @):[, Vil-@,inia 13ctoli, Vir,@,illiEt, tll(,,'l title -to said [,)i:,o.l)er-Ly @,iii]. vest in @,oland ii, Cof.)eland; Virginia I.. L )C@l@irid; @@,,L-cven l@. 'olall.s ancl Lynn H. li,,Ialls , -the adjac@,ri-t landc)wner,3; in none of record the hol.der of the underlying fee in said propertyl in none of record. -Lhe assignec of N / A. -the adjacent Dro-r)er-Ly c)wner or holder of the under- lying fee in @aid pr,operty. The said prot)erty referred tL) hei-ein is hereby described as f i@an-ar Street be-inn@ng at a i.)oint on the @-@ast side of iliaralon irive and thence N 4 33' E a distance of 50-00 feet.to a point al.@)ng "ight -)f @lay )f Marainn D--,-ive, and thence S 85 27' -,@ for 189.25 feet to i i)oint, @vhere the )i)@eii 1)ai,t :-)f -Lliciicc, 3 i @-Laiicc) of 50 feE,,-L, -L@) a p@)irl-L, -Lhenco @,I)i---th 85' 27' for a distance of 189-25 feet to the !)Oint of be,,,,-iriniti-. (P@);,.'tioii to be vaca-ted is desi,nated as 9412.5 square :Cec@-L )-C @an-ej." ;@'tree-L.) All- tho above, as sh,)@@in u;),)n that certain ,,).Lat eriti-tj-(,d Ill)lat sh)v,;iri prot)@)sed sti:,ee-L c@Lc)sing of T)art )f e,- @'treet; Aval,@ii Villa, l@empsville Borough, Virginia Beach, Vir-inia for Roland 1-1. Co,)t-land - Scale Ill = 4@0' dated August iP, @L984, by Jame.,,, C. Ilickiiiaii, 1.@aiid Surveyor; 520@2 l@rividence September 10, 1984 44e recorded in Vi.'-(,itiia Map Ijuoic 85 page 41) @-Jhj.cli ola-L is at'Lached hercto and made a oart hereof and i.ii-L(.'ridoct -Li) be 1-coo4-(Ied wi,Lh the ()rdinanc@osing the aforedes- cribed @,,-treet. 1456 Virginia Boach Blvd. V.irginia Beach, Va- 23454 Phe 425-0??3 September 10, 1984 - 45 - Item II-J.15 CONSENT AGENDA ITEM # 22484 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the LOW BID of ASPHALT ROADS & MATERIALS COMPANY, INC., in the amount of $92,840, for the 1984-85 Various ROADS CONTRACTS; and AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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. September 10, 1984 - 46 - Item II-J.16 CONSENT AGENDA ITEM # 22485 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the Low Bid of A & W CONTRACTORS, INC., in the amount of $168,523, for the SMALL LINE IMPROVEMENTS Contract 9 (CIP 5-304); AND, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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. September 10, 1984 - 47 - Item II-J.17 CONSENT AGENDA ITEM # 22486 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the Low Bid of REA CONSTRUCTION COMPANY, in the amount of $2,844,500.52, (Alternate #1 or Alternate #IA) for the LYNNHAVEN PARKWAY PHASE VI (CIP 2-933) and LYNNHAVEN PARKWAY-HOLLAND ROAD INTERSECTION (CIP 2-003) Projects; AND, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of these projects. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 48 - Item II-J.18 CONSENT AGENDA ITEM # 22487 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the following BINGO/RAFFLE PERMIT; District Eight Little League Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 - 49 - Item II-J.19 CONSENT AGENDA ITEM # 22488 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $478.85 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 10, 1984 [-OIZM 140. C.A. 0 49a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND Ul'ON CERTIFICATION Ol= TFIE COMMISSIONER OF TI-IE REVENUE 13E I-F ORDAINED BY TI-IE COUNCIL OF TFIE CITY OF VIRGINIA BEACH, VIRGINIA: *Fiiat tile followiilg applicatioiis for license refund3, upcn certification of the Commissioner of the liovc,,iikic,, ziic licieby @ipproved: NAME L i ceiise Date Base Penalty Int. Total Ye,-ii@ Paid R. J. Koch, Jr. Enterprises, Inc. T/A Commonwealth Paper Company 160 Wellman Street Norfolk, VA 23502 1980/82 Audit Audit 478.85 s to Payiyient: 0 , 4 Ivan D. Mapp v( Commissioner of Revenue This ordinance sliall be effective fi,om date of adoption. The above abateinent(s) totaiiilg @478. 85 were approved by the Council 10 September 19 of tlie C i ty of V i rg i n i a Beach on the clay of Ruth Hodges Smith City Gleil( September 10, 1984 - 50 - Item 11-K. 1 UNFINISHED BUSINESS COMMERCIAL UTILITY TAX ITEM # 22489 ADD-ON Councilwoman Henley referenced "A SURVEY OF THE LEVEL OF MAJOR LOCAL REVENUE SOURCES IN ELEVEN VIRGINIA CITIES AND COUNTIES FOR THE FISCAL YEAR 1984-85". This was prepared by the Budget Office of the City of Chesapeake (Copy of same is hereby made a part of the record). Council- woman Henley noted the Commercial Utility Tax of the City of Virginia and the City's comparison with the other localities. The City Manager will give further consideration to proposed decrease in this Utility Tax and prepare an analysis. September 10, 1984 - 51 - Item II-K.2 UNFINISHED BUSINESS EROSION AND SEDIMENTATION ORDINANCE ITEM # 22490 ADD-ON Councilman Baum referenced the EROSION and SEDIMENTATION ORDINANCE and the enforcement of same in the Blackwater Borough. September 10, 1984 - 52 - Item II-K.3 UNFINISHED BUSINESS POLICE MONITORING OF TRAFFIC ITEM # 22491 ADD-ON Councilman McCoy referenced the possibility of On Duty Police to assist in moving Traffic at Intersections during peak hours. The City Manager will advise City Council concerning same. September 10, 1984 - 53 - Item II-K.4 UNFINISHED BUSINESS CITY PAY PLAN ITEM # 22492 ADD-ON Councilman Jennings referenced his previous request regarding Ordinances affecting the Pay Plan of City Employees. Councilman Jennings wished to make certain that any salary increases for City Employees are in conjunction with some form of national gauge for inflation. The City Manager will review and advise City Council. September 10, 1984 - 54 - Item II-K.5 UNFINISHED BUSINESS COMPREHENSIVE PLAN ITEM # 22493 ADD-ON Mayor Heischober referenced TENTATIVE DATES for PUBLIC HEARINGS regarding the COMPREHENSIVE PLAN: September 25, 1984 October 2, 1984 October 4, 1984 Councilwoman Oberndorf had suggested that these PUBLIC HEARINGS be divided among the PAVILION, the KEMPSVILLE RECREATION CENTER, and CREEDS HIGH SCHOOL or the SENIOR CITIZENS CENTER for geographical consideration. September 10, 1984 - 55 - Item 11-K.6 UNFINISHED BUSINESS CONSULTANTS STUDY ON HIGHWAYS ITEM # 22494 ADD-ON Councilman Robert Jones referenced the status of the study by outside consultants on HIGHWAYS/ROADS. The City Manager advised that the RFP (Request For Proposal) had been disbursed. Proposals have been received and the Architect and Engineering Committee will be meeting the beginning of October at which time interviews will commence. September 10, 1984 - 56 - Item 11-L. I NEW BUSINESS CBN CHANGE OF ZONING CONDITIONS ITEM # 22495 ADD-ON The City Manager referenced conditions placed on the Change of Zoning in the matter of the application of CURISTIAN BROADCASTING NETWORK (June 15, 1981). Roy Mendelsohn, Dirctor of Construction Services for CBN has requested relief from these conditions, particularly those that were placed regarding the relocation of CENTERVILLE TURNPIKE. The Conditions were based on the premise that CBN and not the City wished to RELOCATE Centerville Turnpike. The City Manager recommended that no action should be taken for the WAIVER of any conditions in previous changes of zoning as requested by the CHRISTIAN BROADCASTING NETWORK (CBN). By CONSENSUS, City Council accepted the City Manager's recommendation, no action is necessary. September 10, 1984 - 57 - Item 11-L.2 NEW BUSINESS VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION MEETING ITEM # 22496 ADD-ON The City Manager advised of the Meeting with the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION on Friday, September 7, 1984, regarding the City's concerns on the 8-laning of Indpendence Boulevard and our philosophy that the widening of the Bridge over "44" should be a part of the TOLL ROAD ATJTHORITY. This Meeting was also attended by Mayor Heischober and Councilman McCoy. By CONSENSUS, City Council AUTHORIZED the City Manager to make the necessary contacts and negotiations with the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANS- PORTATION regarding the proposed widening of Independence Boulevard. September 10, 1984 - 58 - Item II-L.3 NEW BUSINESS SUBCOMMITTEE/ HOUSE JOINT RESOLUTION 119 ITEM # 22497 ADD-ON Councilwoman Creech referenced her appointment to the SUBCOMMITTEE for HOUSE JOINT RESOLUTION 119 which is studying standards for Subdivision, Streets, and related matters. The First Meeting of this Committee was held on August 31, 1984, and also attended by Councilwomen Henley, and Oberndorf, as well as David Grochmal, Assistant to the City Manager for Inter-Governmental Affairs. Presentation was made by Richard Lockwood of the Virginia Department of Highways and Transportation as to amount of funds needed by the year "2000". Councilwoman Creech further referenced PTJBLIC HEARINGS to be scheduled, one in Virginia Beach, and requested that the City prepare a PRESENTATION in regard to same. September 10, 1984 - 60 - Item II-M. I ADJOURNMENT ITEM # 22499 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADJOURNED the meeting at 6:37 p.m. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Beverly 6). Hooks Deputy City Clerk Rut dge. Smit CIIC City Clerk City of Virginia Beach Virginia /bh September 10, 1984