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