APRIL 2, 1984 MINUTES
Cit@@f E3@@@la
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y@id@ B.,@.gh
VICE-MAYOR BARBARA M. HENLEY, P..g. B .... gb
JOHN A. BA UM, B.-.gb
NANCY A. CREECII, A, L.,g,
IIAROLD ItEiSCIIOBER, A, L.,g,
H. JACK JENNINGS, JR., Ly..b..@. B.,..gb
ROBERT G. ]ONES. A, L.,g.
W. Ii. KITC[IIN, 111, Vigi.,. B@.,b
REBA S. M,CLANAN, A@.@ B .... gb
J. HENRY hl,COY, JR., K@.p@@ill@ 8 --- gb 212 CITY HALL BUILDING
MUNICIPAL CENTER
MEYERA E. OIJERNDORF, At L.,g, VIRGINIA BEACII, VIR(;INIA 2345(,
ROTti IIOD(;ES SMITII, CMC, Cily Cillk (804) 427 4 30 3
CITY COUNCIL AGENDA
April 2, 1984
ITEM 1. INFORMAL SESSION: 12:00 Noon
A. CALL TO ORDER Vice Mayor Barbara M. Henley
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Vice Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Vacation of Drainage Easement for Krof I Discussion of
possible effects on flood plain.
2. Review of Consent Agenda
ITEM 11. FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Frederick Carroll, Jr.
Faith Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of March 26, 1984.
E. PRESENTATION
1. Resolution - Bruce B. Mills
F. PROCLAMATION
1. Child Abuse Prevention 14onth - April 1984
G. PUBLIC HEARING
1. Proposed budget i ncrease to accept a grant tota I i ng $26, 565
from the Virginia Division of Motor Vehicles and to
appropriate these funds.
2. Proposed budget increase to appropriate funds of $97,850
from the General Fund Balance for the Beach Replenishment
Program as provided by the Virginia Beach Erosion
Commission.
H. RESOLUTIONS
1. Resolution to establish and appoint a Resort Area Advisory
Commission.
2. Resolution referring the PD-H2 Planned Unit Development
District Ordinance to the Planning Commission for its report
and recommendation.
1. 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. There wl I I be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution to Bruce B. Mills, retiring Chairman, Virginia
Beach Electoral Board.
2. Ordinance to transter Capital Project Funds of $4,000 for
property title work for Rudee Inlet Dredging.
3. Ordinance to accept a grant totaling $26,565 from the
Virginia Division of Motor Vehicles and to appropriate these
tunds.
4. Ordinance to appropriate funds of $97,850 from the General
Fund Balance for the Beach Replenishment Program as provided
by the Virginia Beach Erosion Commission.
5 - Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 34th Street to Mayflower -
Virginia Associates, assigns and successors in title.
6. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Ocean View Avenue to W. F.
Oliver, Jr., his heirs, assigns and successors in title.
7. Ordinance authorizing the City Manager to execute a deed of
vacation and quitclaim between the City of Virginia Beach
and Bernard Kroll and Albert Kroll vacating portions of the
200' drainage easement at Scarborough Square, in the
Princess Anne Borough.
(This matter was deferred for one week on March 26, 1984.)
8. Ordinance appointing viewers in the petition of Colcon
Development Company, Inc. for the closure of portions of
Woodland Street and Wagon Road (Kempsville Borough).
9. Ordinance to authorize acquisition of property in fee simple
for right-of-way for Great Neck Road Phase 11 Project and
the acquisition of necessary temporary and permanent
easements, either by agreement or by condemnation.
10. Finance proposal by Southern National Leasing Corporation at
an interest rate of 8.35% for the lease/purchase of various
pieces of equipment totaling $98,063.
11. Bingo/Raffle Permits:
Bingo Green Run Homes Association
Raffle Seahawk Booster Club
J. PLANNING
1. FINAL APPROVAL for the closure of a portion of a 30-toot
unimproved right-of-way located 500 feet south of Norfolk
Avenue in the petition of Hudgins and Associates (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation for final approval.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. Presentation of 1984-85 Operating Budget
M. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 2, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Vice Mayor Barbara M. Henley in the Conference Room,
City Hall Building, on Monday, April 2, 1984, at Twelve O'Clock in the
afternoon.
Council Meinbers Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones, Robert G. Jones@ and J. Henry McCoy, Jrt,D.D.S.
Note: Councilman Jones entered the Informal Session at 12:07 p.m.
Councilman McCoy entered the Informal Session at 12:05 p.m.
April 2, 1984
- 2 -
ITEM # 21624
Vice Mayor Henley entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, Robert G. Jones@ and J. Henry McCoy, Jr.- D.D.S.
April 2, 1984
- 3 -
M A T T E R S B Y V I C E M A Y 0 R
F24ERGENCY APPEAL BY CITY OF
VIRGINIA BEACH ITEM # 21625
Vice Mayor Henley mentioned her concerns as well as those expressed by
the citizenry referencing the devestation of our neighbors as a result
of the tornadoes. Accompanied by Councilwoman Oberndorf, Vice Mayor
Henley contacted Director of Emergency Services Lee Eskey and City
Manager Muehlenbeck. Lee Eskey further explained that he had in turn
contacted the State Office of Emergency Services in North Carolina
and had been notified that assistance was primarily needed in the
way of items such as baby products, diapers, paper products, blankets
and linens; etc., as well as some food. After discussions with Public
Information Director Pamela Lingle, an EMERGENCY APPF-AL was issued through
the News Media via "PRESS RELEASE" requesting the aforementioned items
be delivered to any Virginia Beach Fire Station by Thursday, April 5, 1984,
at 12:00 (noon). A list of all fire stations was attached to this PRESS
RELEASE.
Council indicated support of this endeavor.
(See ADD ON Item IT.F. of the Formal Agenda)
INFORMAL SESSION ITEM # 21626
The INFORMAL SESSION of the Council of the City of Virginia Beach will
begin at 11:30 a.m. on April 9, 1984.
HOLIDAY
May 28, 1984 ITEM # 21627
City Council will decide in FORMAL SESSION under NEW BUSINESS whether to
CANCEL or RESCHEDULE the Virginia Beach Council Meeting of May 28, 1984.
PD-H2 PLANNED
UNIT DEVELOPMENT
DISTRICT ORDINANCE ITEM # 21628
Vice Mayor Henley inquired as to whether there were any concerns regarding
the PD-H2 Ordinance (See Item II.H.2 of the Formal Agenda). The City
Manager indicated he had discussed with Director of Planning Robert
Scott some clarification within the PD-H2 Ordinance itself which would reflect
normal site plan and subdivision review must still be conducted by the
Staff.
April 2, 1984
- 4 -
M A T T E R S B Y C 0 U N C I L
RESOLUTION OF
APPRECIATION ITEM # 21629
Councilwoman Oberndorf requested a RESOLUTION OF APPRECIATION be presented
to the Ladies Auxiliary of the Virginia Beach Borough Fire Department
for all of their endeavors in connection with the commemoration of the
Norwegian Lady and the destruction of the Norwegian Ship, Dictator. The
Auxiliary has never requested any type of public contribution nor have
they been recognized by the Council of the City of Virginia Beach.
Councilwoman Oberndorf believed this Auxiliary promoted the ainbassadorial
mood and would be most worthy of a RESOLUTION OF APPRECIATION.
INDUSTRIAL REVENUE
BONDS ITEM # 21630
Councilman Jennings indicated that Congress is considering placing a
ceiling on INDUSTRIAL REVENUE BONDS. Councilman Jennings further remarked
that due to his rather strong opinions regarding the utilization of In-
dustrial Revenue Bonds, he believed that Virginia Beach should set an
example for the rest of the State and correct any abuses on the local level
prior to the Federal Government's enaction of a law concerning Industrial
Revenue Bonds.
Councilwoman Oberndorf inquired as to the type of criteria being established
and who is going to to qualify for the limited amount of money available.
Councilman Heischober requested the Department of Economic Development and
Assistant City Attorney Charles Salle' prepare a "position paper" for
Council's consideration.
April 2, 1984
- 5 -
M A T T E R S B Y C I T Y M A N A G E R
NATIONAL GUARD/
NAVAL RESERVES AWARD ITEM # 21631
The City Manager informed Council of the presentation of an award to
the CITY OF VIRGINIA BEACH at a joint meeting of the National Guard and
Naval Reserve held last Saturday evening, March Thirty-first. This a-
ward was in recognition of the City allowinq their employees to parti-
ciapate in the Naval Reserves and National Guard.
DEED OF VACATION
AND QUITCLAIM/
KROLL ITEM # 21632
Chief Engineer Donald Trueblood presented, as a result of concerns expressed
by Council, a discussion of possible effects on the Flood Plain in the
matter of the application of Bernard Kroll and Albert Kroll for a deed
of vacation and quitclaim. There is a rear lot drainage problem which was
not graded properly during construction and the Highway Division is aware of
this problem. This deed of vacation would not have any effect on this
drainage problem and this application is above the line that is affected by the
new FLOOD PLAIN ORDINANCE.
CONSENT AGENDA
DIVISION OF MOTOR
VEHICLES/BEACH
REPLENISHMENT PROGRAM ITEM # 21633
The City Clerk advised City Council that an Ordinance to accept a grant
totaling $26,565 from the Virginia Division of Motor Vehicles (See Item II-I.3
of the Formal Agenda) AND an ordinance to appropriate funds of $97,850 from the
General Fund Balance for the Beach Replenishment Program (See Item 11-I.4 of
the Formal Agenda) are on FIRST READING which was inadvertently omitted from
the AGENDA.
April 2, 1984
- 6 -
M A T T E R S B Y C I T Y M A N A G E R
Continued
ADD ON
RESORT AREA ADVISORY
COMMISSION ITEM # 21634
Councilwoman Creech requested the Resolution to establish and appoint a
Resort Area Advisory Commission be cross-referenced in the records of
the City Clerk's Office to reflect the Atlantic Avenue Beautification.
Councilman Jones referenced his request for a Resolution to establish
a RESORT ARF-A ADVISORY COMMISSION which would provide Council with
advice and recommendations regarding the plan of development and beauti-
fication of the ENTIRE Beach Resort area.
Councilman Kitchin advised that Old Dominion University is in the process
of a COST BENEFIT STUDY and City Council authorized preliminary engineering
work be done towards scaling back the Atlantic Avenue Beautification Project
with different cost figures. Both studies should be completed in Aucjust
or September. The City should weigh cost benefit of making improvements
or letting it develop on its own through individual businesses. Council
should arrange two or three meetings between now and the time the studies
are completed concerning the problems and alternatives of what needs to be
accomplished in relation to the Atlantic Avenue Beautification plan.
Councilman Jennings proposed a time limitation concerning the development
of a plan by this Advisory Commission. (See Item II.H.1, Formal Agenda.)
RECESS INTO
EXECUTIVE
SESSION ITEM # 21635
City Council recessed into EXECUTIVE SESSION at 1:10 p.m.
April 2, 1984
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCL
April 2, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones
INVOCATION: Reverend Frederick Carroll, Jr.
Pastor
Faith Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 2, 1984
Item II-D.1
MINUTES ITEM 21636
upon motion by Councilman 13aum, seconded by Councilwoman oberndorf, City
Council APPROVED the Minutes of March 26, 1984.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council MenLbers Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
Mayor Louis R. Jones
April 2, 1984
- 9 -
Item II-E.1
PRESENTATION ITEM # 21637
Vice Mayor Henley presented a RESOLUTION OF APPRECIATION to:
BRUCE B. MILLS . . . .. . . . . . . . . VIRGINIA BEACH ELECTORAL BOARD
Thomas Ferguson, Chairman of the Electoral Board, also presented
Bruce Mills with a stained glass plaque of the CITY SEAL.
April 2, 1984
- 10 -
Item II-F.1
PROCLAMATION ITEM # 21638
Vice Mayor Henley PROCLAIMED the month of April, 1984 as
CHILD ABUSE PREVENTION MONTH
This Proclamation recognized the continuing need to support innovative
programs to prevent child abuse and assist parents and family members
when child abuse occurs.
Accepting the Proclamation was Mrs. Delores Delaney, Legislative Chairman
Virginia Beach Council of PTA and Juvenile Protection Chairman - State
PTA, and students from the Virginia Beach School System. These students
participated in a National PTA Program called REFLECTIONS. Vice Mayor
Henley presented each of the following students with the official Virginia
Beach Pin:
Suzanne Frailing Angela Davila
Green Run Elementary - 2nd Grade Kemps Landing - 7th Grade
*1st Place - Jr. High Art
Mark Flanagan Dawn Jones
Brandon Jr. High - 9th Grade Green Run High - 10th Grade
*1st Place - High School Art
Anne Byrd Katherine Ann Schoenhoff
Princess Anne High - llth Grade Bayside Jr. High - 7th Grade
*3rd Place - Senior High Literature *2nd Place - Music
Johnathan Garner Michael Chertoc
Holland Kindergarten First Colonial High 10th Grade
*1st Place - Music
Jessica Frick Lisa Bennetti
Green Run Elementary - 6th Grade Holland Elementary 2nd Grade
*3rd Place - Music
The above placements reflect National Competition.
Captain M. E. Beane of the Police Trauma Unit also spoke concerning this
Proclamation expressing his appreciation to City Council
April 2, 1984
- 10a
Wt(EREAS, the incidence and paevetence oi chitd abu.6e and negtect have 4eached
ata4ming p4opoition,6 in the United State,6, whe4e 11,690 ca,6" o6 chitd abu,6e and
negtect wAe.6ub,6tantiated in Vi4ginia du4ing 6i.6cat yea4 1982-83; and
(OHEREAS, Vi4ginia jaceh a continuing need to zuppo4t innovative p4og4am to
pAevent chitd abuae and amist pa4ent6 and 6amity me-mbe4,6 when chitd abuse occu4,s;
and
WHEREAS, Cong4@ has ex)mu,6ed it6 comitment to .6eeking and apptying sotution,6
to thi.6 p4obtem by e.6tabti-6hing Ap4it as Chitd Abu-6e P4evention Month nationwide;
and
WHEREAS, in Vi4ginia Beach, mx have dedicated individuat,6 and ciganization,5 who
m4k daity to countet the p4obtem o6 chitd abu,6e and negtect and to hetp pa4ent,6
obtain the a-mi,6.tance they need; and
WHEREAS, paevention cA chitd abu,6e and negtect, a 4e,6ponzibitity o6 all citizena
o6 Vi4ginia Beach, witt onty 4uutt 6,tom community education and a=4enem o6 bette4
chitd 4ea4ing pAaetice,6, 4ecognition oA a communityl,6 obtigation to p4otect att
eh-itd4en i4om abu,6ing adatt6, and a peA,6onat commibnent to hetp a neighbo4 expe4iencing
dii6icatty in the pa4ent 4ote;
NOW, THEREFORE, 1, Loui6 R. Jonu, Mayo4 oA the City o6 Vi4ginia Beach, do he4eby
p4octaim the month oi ApAit, 1984 a,6
CHILD ABUSE PREVEArrION MONTH
in the City oS ViAginia Beach and catt upon ouA citizen-6 to ob,6eAve the month with
app4op4iate p4og4am6, ce4emonie,6 and activitiea.
IN WITNESS WHEREOF, I have he4eunto set my hand and cau,6ed the 6eat o6 the City
o6 ViAginia Beach to be aiiixed this 6econd day oi Ap4it, nineteen hund4ed and
eighty-iou4.
Louis R. one,6
Mayo4
April 2, 1984
Item II-F. 2
ADD-ON
PRESS RELEASE ITEM 21639
Ater discussion in INFORMAL SESSION, and CONSENSUS of Approval by City Council,
Vice Mayor Henley read the PRESS RELEASE entitled "City of Virginia Beach
issues Emergency Appeal". This Release requests assistance for the tornado
suffers in North Carolina by providing such items as baby products, diapers, paper
products, blankets and linens, etc, as well as some food to be delivered
to any Virginia Beach Fire Station by Thursday, April 5, 1984, at 12:00
(noon). (A copy of this Press Release is hereby made a part of the proceedings.)
April 2, 1984
lia -
PRESS REL
Is off It
CITY OF VIRGINIA BEACH
ISSUES
EMERGENCY APPEAL
The City of Virginia Beach has issued an emergency appeal to
assist the tornado sufferers in North Carolina. The following
items are needed:
Baby Diapers
Small Childrens Clothing
Linens
Blankets
Personal Hygiene Items
Paper Products
Plates
Cups
Plastic eating utinsils
Napkins
Paper towels
Food-non-perishable, pre-cooked
Residents can deliver these items to any Virginia Beach Fire
Station by Thursday, April 5, 1984, at 12:00 (noon).
For further information contact the Office of Emergency
Services at 427-4192.
(ATTACHED IS A LIST OF FIRE STATIONS)
PML:dmh
4/02/94
City of Virginia Beach , Office of Public Information I Municipal Center
Virginia Beach, VA 23456-9002 , (8041 427-4111
April 2, 1984
ocean Park -Station 1) Davis Corner (Station 2) London Oridgt (Station 3)
3752 E. Stratford Road 4672 Maygood Road 2310 Virginia Beach Bouloward
Virginia Beach, VA 234SS p. 0. Box 4121
P. o. sax SOSI 'inia leach. VA 234S4
phone: (804) 46@9408 Virg
Virginia Beach, VA 234SS phone. (804) 340-6230
phone: (804) 464-lS45
Chesapeake Beach (statio'n 4) Princ*ss Anne (StatiOn 5) Creeds (Station 6)
2461 Princess Anne Road a..t* 3. Box 3034
2444 Pleasure House RO&d P. 0. so, 602S Norris Neck Road
P. 0. Box SI$7 B*ach. VA 234S7
Vir'inla Beach, VA 234SS Virginia Beach. VA 234SG Virginia
9 phong.. (804) 427-2400 Phons: (804) 426-2771
Phons: (804) 464-4116
Thalia (Station 7) Ocean& (StatiOn 8) geopswille (Station 9)
407 N. 7balia Road 1201 Bayne Drive S145 Ruritan Court
Virginia Beach, vA 23452 Virginia Beach. VA 23454 Virginia Beach. VA 23452
Phone: (BO4) 340-5560 Phons: (804) 481-7028 phon*-. (804) 497-7127
Woodstack (Station 10) Beach Borough (Station 11) statack (Station 12)
5656 Provid*nce Road 20th Street and Arctic Ave. 249 S. Birdneck Road
P. 0. Box 465 Virginia Beach. VA 23453
Virginia Beach, VA 23464 (BD4) 428-BS52
Phone: (804) 424-5523 Virginia Beach. VA 2345B Phone:
Phone: (804) 428-2363
Blackmater (Station 13) Piaza (station 16) Sandbridge (Station 17)
Blackwater & Indian Creek Roads 3608 S. plaza Trail Sandbridge 9 Sandpiper Roads
P. 0. Box 2128 virginia Beach. VA 23456
Back Bay Station Virginia Beach. VA 23452 Phone: (804) 426-6646
Virginia Beach, VA 23457
Phone. (804) 421-2200 Phons: (604) 340-2660
Green Rum (Station 18) Beach Volunt*er Rescue (Station 14)
1501 S. Lyanhaven Parkway Phone: 428-1642
Virginia Beach, VA 23455
Phone: (804) 495-3683
April 2, 1984
- 12 -
Item II-G.1&2
PUBLIC HEARING ITEM # 21640
Vice Mayor Henley declared a Public Hearing on the following:
PROPOSED BUDGET INCREASE TO ACCEPT A GRANT
TOTALING $26,565 FROM THE VIRGINIA DIVISION
OF MOTOR VEHICLES AND TO APPROPRIATE THESE
FUNDS.
PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS
OF $97,850 FROM THE GENERAL FUND @CE FOR
THE BEACH REPLENISHMENT PROGRAM AS PROVIDED BY
THE VIRGINIA BEACH EROSION COMMISSION.
Inasmuch as there were no speakers, Vice Mayor Henley closed the Public Hearing.
April 2, 1984
- 12a -
PUBLIC NOTICE
PUBLIC REARING
CITY OF VIRGINIA BEACH
PROPOSED BUDGETARY INCREASES
FOR THE 1983-1984 FISCAL YEAR
Pursuant to Chapter 2,
of the City Code a public
hearing will be held by the
City Council in Council
Chambers in the City Ball
Building on Monday, April 2,
1984 at 2:00 p.m., to discuss
proposed increases in the
Budget for fiscal year
1983-1984 as follows:
PROPOSED INCREASES
General Fund
Department of
Public Works
Erosion Commission $ 97 850
Grants Consolidated Fund
Police Grant-
Overtime
D.U.I. Program 26 565
ESTIMATED REVENUES
General Fund
Unappropriated
Fund Balance 850
Grants Consolidated Fund
Revenue from the
Federal Govertment $ 26 565
Individuals desiring to
provide oral comment should
register before the hearing
begins with the City Clerk's
office on the second floor of
the City Ball Building or by
calling 427-4303.
Ruth Hodge's Smith, CHC
City Clerk
KAR/5 REARINGI
April 2, 1984
- 13 -
Item II-H.1
RESOLUTIONS ITEM # 21641
Upon motion by Councilman Jones, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution to establish and appoint a RESORT AREA AD-
VISORY COMMISSION with the following A14ENDMENT (proposed by Councilman
Jennings) inserted at the end of the fourth paragraph following the
sentence ending with the words "may be enhanced":
The Commission's initial report and recommendations are to
be presented to City Council on or before October 22, 1964.
Voting: 8-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jenninqs, Jr., Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum and W. H. Kitchin, III
Council Members Absent:
Mayor Louis R. Jones
April 2, 1984
- 13a -
RESOLUTION
WHEREAS, the City Council is accutely aware of the unique asset
the City has in the beach resort area and the central role it plays in
symbolizing the City's quality of life and in generating tax revenues to
promote the general welfare of the City, and
WHEREAS, the City Council has recognized, in particular, the needs
of Atlantic Avenue for beautification and development to further this role,
and
WHEREAS, this focus on beautification and development of Atlantic
Avenue should be broadened and coordinated in a systematic manner for
the entire beach resort area, including the Civic Center and Pavilion, both
to promote the City's image and its tourist and convention industry and to
preserve the integrity of the residential neighborhoods already established
in the area, and
WHEREAS, the achievement of this purpose by attracting substantial
private investment requires the formulation of a plan that sets out the
aspirations of the City for the area's future,
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH hereby establishes and appoints a Resort
Area Advisory Commission to provide it with specific advice and
recommendations regarding a plan of development and beautification for the
entire beach resort area to the end that the tax base and the quality of life
of our residents and the millions of tourists who visit our City annually
may be enhanced.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 2 day of April 1984.
April 2, 1984
- 14 -
Item II-H.2
RESOLUTIONS ITEM # 21642
Upon motion by Councilman Heischober, seconded by Councilwoman oberndorf,
City Council ADOPTED a Resolution referring the PD-H2 Planned Unit De-
velopement District Ordinance to the Planning Commission for its report
and recommendations. Some clarification will be inserted within the PD-H2
Ordinance which would reflect normal site plan and subdivison review must
still be conducted by the Staff.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
April 2, 1984
- 14a -
RESOLUTION REFERRING THE PD-H2 PLANNED
UNIT DEVELOPMENT DISTRICT ORDINANCE To
THE PLANNING COMMISSION FOR ITS REPORT
AND RECOMMENDATION
WHEREAS, a committee appointed by City Council has
reviewed and modified the PD-H2 zoning districts; and
WHEREAS, it is the desire of Council that the
Planning Commission study and review this matter and give
its recommendations on the proposed ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT this matter is referred to the Planning
Commission for its review, report and recommendation.
ADOPTED: April 2, 1984
JDB:er
3-28-84
April 2, 1984
- 14b -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 11 C. OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE PD-H2 PLANNED UNIT DEVELOPMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 11 C. of the Comprehensive Zoning
ordinance of the City of Virginia Beach, Virginia, pertaining to
the PD-H2 Planned Unit Development District, is hereby amended
and reordained to read as follows:
C. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT.
Section 1120. Legislative intent.
The purpose of the PD-H2 District is to encourage
innovative and attractive housing alternatives to the type_of
development otherwise permitted in the underlying zoning
district. The PD-H2 DiStrict may be used as a means of
developing lots smaller than otherwise required only when the
plan of development is substantially different from that allowed
in the underlying zoning district and when the amenities provided
in the PD-H2 land use plan create public benefits which offset.
any detrimental effects of development on smaller lots or at a-
higher density,
Section 4420 .1121. Application.
Procedures for application for a change of zoning to
PD-H2 District shall be the same as for all other zoning
categories. In addition to information otherwise required by
this ordinance, there shall also be included with the application
a proposed PD-H2 land use plan as well as such additional
supplementary information as necessary to satisfy the conditions
of this article. PD-H2 Districts may be established only in
existing residential or apartment di,stricts subject to the
general requirements and according to the procedure specified
herein. Where the land use plan calls for open space to be owned
or maintained by any private entity, then a petition for change
April 2, 1984
14c
of zoning to P-1 on such land shall be
approved before any subdivision plat of the property within the
PD-H2 District is approved for recordation or any building permit
issued. As an exception to Section 107(g), there shall be no fee
charged for such a rezoning petition to P-1, and as an exception
to Section 302(a), the minimum lot size requirement of five (5)
acres in the P-1 DiStrict shall not apply as it pertains to the
rezoning of this land.
Section 1122. ACtion by the planning director.
If the applications complies with the applicable rules
and regulations of this ordinance, the planning director shall-
transmit the application to the planning commission along with
his findings as to the manner in which the application addresses
the following criteria:
(a) Open space promotion;
(b) Preservation of woodlands, waterways, shorelines,
and floodplains;
(c) Preservation of historic areas;
(d) Preservation of natural or manmade recreational
areas;
(e) Reduction of long-term municipal maintenance
costs; and
(f) Compatibility with adjacent housing patterns.
City council shall consider the above findings, among
other things, in evaluating the applications, provided, however,
no application shall be approved which does not conform to the
legislative intent expressed in this Article.
Section 4424 1123. Minimum tract size.
The minimum tract size for PD-H2 development shall be
five (5) acres.
Section 4492 1124. PD-H2 land use plan.
The land use plan shall 4neiude-the-followingt provide
for development of the property within the PD-H2 District in a
manner which is compatible with the development and zoning of the
-2-
April 2, 1984
- 14d
land adjacent to the district. The land use plan shall show how
the proposed development of the property would differ from that
which would otherwise be permitted in the underlying zoning
district and the public benefit to be gained by developing the
property in a PD-H2 District.
The land use plan shall provide for the following:
(a) Location of proposed streets;
(b) Proposed number of dwelling units;
(c) Total acreage of the site;
(d) Proposed housing types, location of areas devoted
to each housing type, acreage and number of units
for each such area, and the minimum lot size
proposed for each area and housing type;
(e) Location and nature of other proposed uses;
(f) Location of proposed open spaces, public sites,
and recreational areas, nature of recreational
facilities proposed, and means of maintenance of
such;
(g) Regulations governing the height, setback
requirements, off-street parking requirements and
sign restrictions for each area within the PD-H2
project.
When adopted, the PD-H2 land use plan shall serve as a
supplement to and, where they conflict, as a replacement for, the
zoning regulations of the underlying district.
Section 4424 1125. Allowed uses.
Within the PD-H2 District, only the following uses and
structures shall be permitted:
(a) Principal uses and structures:
(1) Dwelling units of the types specified in the
land use plan;
(2) Public buildings, structures, and other
public uses;
April 2, 1984
-3-
- 14e -
(3) Recreational facilities of the type described
in the plan;
(4) Child care education centers, in connection
with public or private elementary schools or
churches;
(5) Day care centers;
(6) Public utilities installations and
substations; provided offices or storage
or maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than individual
transformers, shall be surrounded by a wall,
solid except for entrances and exits, or by a
fence with a screening hedge five (5) to six
(6) feet in height; and provided also,
transformer vaults for u-nderground utilities
and like uses shall require only a landscaped
screening hedge, solid except for access
opening.
(b) Accessory uses.
Uses which are customarily accessory and clearly
incidental and subordinate to the principal use
shall be allowed as accessory uses.
(c) Conditional uses.
(1) Churches;
(2) Family care homes, foster homes, and group
homes;
(3) Home occupations.
Section 4424 1126. Housing types and density.
Housing types and density for the various areas within
the PD-H2 project shall be as specified on the land use plan.
However, the overall density for the PD-H2 project shall not
exceed that which could be achieved with conventional subdivision
April 2, 1984
-4-
14f -
in the underlying district, or that indicated in the following
table, whichever is greater.
Underlying Zoning District Density (Dwelling Units/Acres)
R-1 .8
R-2 1.1
R-3 1.7
R-4 2.25
R-5 3.0
R-6 3.5
R-7 6.0
R-8 6.0
R-9 9.0
A-1 12.0
A-2 18.0
A-3 24.0
A-4 36.0
The overall area of the PD-H2 project shall be construed
as including any areas rezoned to P-1 or dedicated as a public
site in conjunction with the project.
Section 442S 1127. Open space, public sites, and recreation
areas.
Maintenance and ownership of open space, public sites
and recreational areas in the PD-H2 DiStrict shall be as
specified in the land use plan or in the accompanying documents,
and shall consist of one of the following:
(a) Homeowners association.
If a homeowners association is to assume ownership
of the open space, then it shall bear all responsibility for
maintenance of the land and all structures thereon. All
landowners in the PD-H2 District shall be members of the
homeowners association. There shall be restrictive covenants
recorded which prohibit use of the subject land for any purpose
but recreation and open space use. Such covenants shall run with
the land and be in full force and effect for a period of at least
fifty years. These covenants shall become part of the deed to
each lot or parcel within the development. Such covenants shall
be approved by the city attorney and recorded before the first
building permit in the project is issued. A rezoning petition to
April 2, 1984
-5-
14g -
P-1 Preservation District
reraning-pebition-te-PB-H27-and-shall-eever including all land to
be owned and maintained by the homeowners association shall be
approved before any subdivision plat of the property within the
PD-H2 District is approved for recordation or any building permit
issued.
(b) Ownership by other public or private entity.
Ownership of the open space may be by another
public or private entity. In this event, a rezoning petition to
P-1 Preservation District, shall-be-filed-simultaneeesly-with-the
including all land to
be owned and maintained by the subject entity, shall be approved
before any subdivision plat of the property within the PD-H2
District is approved for recordation or any building permit
issued. Such entity shall be responsible for all maintenance of
the open space, and shall make the use and ehjoyment of the open
space available to all residents of the PD-H2 project.
Additionally, restrictive covenants as in (a) above shall be
filed prohibiting the use of the subject land for any purpose but
recreation and open space use.
ib+ (C) Dedication to the city.
The open space may be dedicated to the city as a
public site but only upon the concurrence of the city council.
If the dedication is accepted, the public site open-speee shall
be maintained by the city as open space, except that city
council after having received recommendations from the city
manager may designate portions of public sites for use other than
an open space, provided the remaining amount of property
maintained as open space is not less than fifty percent (50%) of
the amount of property which would have been reserved pursuant to
the subdivision ordinance for recreational purposes if the
property in the PD-H2 District had been developed according to
the underlying zoning district.
use-by-all-the-regidente-of-the-eity-of-Virelinia-BeaehT
April 2, 1984
-6-
14h -
Except for public sites, open space shall only be used
in its natural state or for recreational related uses. No
structure shall be erected except for maintenance or recreational
purposes. The combination of open space and public sites
provided shall be a minimum of fifteen (15) percent of the gross
acreage of the tract of land and shall not include lakes,
floodways, or other bodies of water.
of-approval-of-the-PB-H2-hand-Use-Plan7
Section 44-26 1128. Changes to approved plan.
Any changes to housing type, density, allowed uses, or
location of any of the elements, or other aspects of the land use
plan, where the change is not clearly in keeping with the concept
of the plan as approved by city council, shall require an
amendment to the PD-H2 land use plan. Such amendment shall be
approved only in the manner of approval of the original land use
plan. Changes which clearly are in keeping with the concept of
the plan as approved by city council may be made by the planning
director.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the _ day of 1984.
CMS/da
Alt/3 Misc.
2/21/84
3/19/84
3/20/84
3/23/84
April 2, 1984
-7-
- 15 -
Item II-I
CONSENT AGENDA ITEM # 21643
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
and 11 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.! Robert G. Jones!
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 16 -
Item II-1.1
CONSENT AGENDA ITEM # 21644
Upon motion by Councilwoman oberndorf, seconded by Councilman Heischober,
City Council ADOPTED a Resolution of Appreciation to BRUCE B. MILLS, re-
tiring Chairman, Virginia Beach Electoral Board.
Votingr 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.1 Robert G. Jones!
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 16a -
RESOLUTION
TO
BRUCE B. MILLS
WHEREAS: The Virginia Beach City Council , being the
governing body of this fast growing metropolis and the largest
resort c ity i n the wor I d, pauses today i n i ts de I i berat i on of
municipal business and legislative action to pay tribute to a
gentleman whose unassuming ways and pleasant attitude
contributed efficiency during recent years and innovations with
the Virginia Beach Electoral Board; and,
WHEREAS: BRUCE B. MILLS was first appointed to the
Electoral Board in August 1976. He held the position of
Chairman from March 1982 until his retirement from the Board in
February 1984. During his tenure as Chairman, the City of
Virginia Beach purchased and installed the electronic voting
equipment from Computer Election Systems. The electronic punch
card was used City-wide in November 1983 for the House and
Senate State elections. During his tenure, the City was given
approval for a new "blanket" voter registration procedure which
encourages civic groups and organizations to hold voter
registration drives.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes a dedicated, tireless public
servant and administrator who quietly executed his duties in a
manner of respect from community folk as well as all political
affiliations:
B R U C E B. M I L L S
BE IT FURTHER RESOLVED: That the Clerk of Counci I is
directed to frame this Resolution for presentation and spread a
copy upon the record of this Formal Session of Virginia Beach
City Council this Second day of April, Nineteen Hundred
Eighty-Four.
Given under my hand and seal,
Mayor
April 2, 1984
- 17 -
Item II-I. 2
CONSENT AGENDA ITEM # 21645
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance to transfer Capital Project Funds of
$4,000 for property title work for RUDEE INLET DREDGING.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.! Robert G. Jones!
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
'Verbal Aye
A.pril 2, 1984
- 17a -
AN ORDINANCE TO TRANSFER
CAPITAL PROJECT FUNDS OF $4,000
FOR PROPERTY TITLE WORK FOR
RUDEE INLET DREDGING
WHEREAS, the FY 1984-1988 Capital Improvement Program includes
project #2-830 Rudee Inlet Dredging for the semi-annual maintenance dredging
of Rudee Inlet as proposed by the U. S. Army Corps of Engineers, and
WHEREAS, the initial funding for this project is scheduled from
the proceeds of the 1984 Charter Bonds and is not currently available, and
WHEREAS, there is a present need to provide for the legal fees
for the property title work to provide the Corps of Engineers the real
estate interests they have requested, and
WHEREAS, the cost of the title work is estimated at $4,000 and
the funding may be provided from project #2-712 Dredging Eastern Branch
Lynnhaven River due to a slight delay in activity on the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $4,000 are hereby transferred from project
#2-712 Dredging Eastern Branch Lynnhaven River to project #2-830 Rudee Inlet
Dredging to provide for the property title work on the project.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 2 day of April 1984.
April 2, 1984
KAR/2 ORD4
- 18 -
Item II-I.3
CONSENT AGENDA ITEM # 21646
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council APPROVED, on FIRST READING, an Ordinance to accept and appro-
priate a grant totaling $26,565 from the VIRGINIA DIVISION OF MOTOR VEHICLES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.' Robert G. Jonesl
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 18a -
AN ORDINANCE TO ACCEPT A
TIOT $26,565 FRJM TIE VIRGMM
DIVISION OF MOMR VEHICLES AND TO
APPROPRLaM THESE
wHEREAs, City Council is interested in @roving traffic safety
and reducing traffic accidents within the City of Virginia Beach; and
WHEREAS, a grant totaling $26,565 fran the Virginia Division of
Motor Vehicles is available for these purposes; and
WHERFAs, no local funds are required.
NC)W, RE BE IT 0 BY THE ODUNCIL OF THE CrrY OF
VIRGINIA BEACH that funds frorn the above grant be accepted and $26,565 be ap-
propriated to carry out the D. U. I. Overtinie Program.
BE IT FM= 0 that estineted revenues fran the Federal
government be increased by $26,565 to finance the appropriation.
This ordinance shall be effective frcrn the date of adoption.
Adopted by the Council of the City of Virginia Beach on the
day of -, 1984.
PUBLIC HEARING: April 2, 1984
FIRST READING: April 2, 1984
SBCCND READING:
-0 CONTEt4l
C9AII'MENT
April 2, 1984
- 19 -
Item II-I.4
CONSENT AGENDA ITEM # 21647
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council APPROVED, on FIRST READING, an ordinance to appropriate
funds of $97,850 from the General Fund Balance for the BEACH REPLENISHMENT
PROGRAM as provided by the Virginia Beach Erosion Commission.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.1 Robert G. Jonesl
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 19a -
AN ORDINANCE TO APPROPRIATE FUNDS OF $97,850
FROM THE GENERAL FUND BALANCE FOR THE BEACH
REPLENISHMENT PROGRAM AS PROVIDED BY THE
VIRGINIA BEACH EROSION COMMISSION
WHEREAS, the City Council desires to continue the Beach
Replenishment Prograrn which includes the hauling and placement
of sand on the beach, and
WHEREAS, the sand hauling program for this spring will
cost $645,500 as determined by low bid, and
WHEREAS, the Erosion Commission has funds of $547,650
available for the project and the additional funding needed
of $97,850 can be provided from the General Fund Balance.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $97,850 be appropriated from
the General Fund Balance to the Erosion Commission budget to
complete funding needed for the spring sandhauling ldroject.
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.
PUBLIC HEARING: April 2, 1984
FIRST READING: April 2, 1984
SECOND READING:
AP,"p,C)V@@D AS 70 CC)NIE@IT
April 2, 1984
- 20 -
Item II.I.5
CONSENT AGENDA ITEM # 21648
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 34th Street to MAYFLOWER-VIRGINIA
ASSOCIATES, assigns and successors in title and subject to the following
conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the en-
croachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner shall submit construction plans for this
encroachment to the Department of Public Works/
Engineering Division for approval prior to start
of construction.
5. The owner agrees that no signs or lettering are to
be mounted or painted onto the encroachment without
the express written permission of the City's Building
Instructions Division.
6. This encroachment shall not be in effect until an
agreement is executed encompassing the above conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.- Robert G. Jones*
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye April 2, 1984
- 20a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 34TH STREET TO
MAYFLOWER - VIRGINIA ASSOCIATES,
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 Mayflower - Virginia Associates is authorized to
construct and maintain a temporary encroachment into a portion of
the City right-of-way of 34th Street.
That the temporary encroachment herein authorized is
for the purpose of two canvas canopies connected to its building
at 34th Street between Atlantic and Pacific Avenue and that said
encroachment shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as 34th
Street, as shown on that certain plat
entitled: 'SITE PLAN ENTRY CANOPIES
ENCROACHMENT LOCATION - MAYFLOWER
VIRGINIA ASSOCIATES 3701 PACIFIC AVENUE,
VIRGINA BEACH, VIRGINIA" a copy of which
is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Mayflower - Virginia Associates
and within thirty (30) days after such notice is given, said
encroachment shall be removed from the City right-of-way of 34th
Street by the Mayflower - Virginia Associates and that the
Mayflower - Virginia Associates, its assigns and successors shall
bear all costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Mayflower - Virginia Associates, its assigns
and successors in title shall indemnify and hold harmless the
A ril 2 198
- 20b -
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 Mayflower - Virginia Associates executes
an agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of April 19 84
MES/re
3/1/84
(29C)
-2-
April 2, 1984
- 21 -
Item II.I.6
CONSENT AGENDA ITEM # 21649
Upon motion by Councilwoman oberndorf, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Ocean View Avenue to W.F- OLIVER,JR.,
his heirs, assigns and successors in title and subject to the following
conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of this en-
croachment.
3. The owner or his agent must obtain a fill permit from
the City Engineer prior to cormencing any work.
4. The owner must agree to stabilize new sand as required
by the City Engineer.
5. The owner must agree that the City Engineer shall determine
the acceptability of the type of fill material to be
used and to provide whatever information the City Engineer
may require to determine the acceptability of the fill
material.
6. This encroachment shall not be in effect until an agree-
ment is executed encompassing the above conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.1 Robert G. Jones'
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
-Verbal Aye April 2, 1984
- 21a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OCEAN VIEW AVENUE TO
W. F. OLIVER, JR., HIS HEIRS, ASSIGNS
AND SUCCESORS 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, W. F. Oliver, Jr., his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Ocean View Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a sand dune line
and that said encroachment shall be constructed and maintained 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 ocean
View Avenue, on the certain plat entitled:
"FILL PERMIT FOR MR. & MRS. W. P. OLIVER,
JR., PROPERTY PLAN & PROFILE LOTS 7 & 8
CHESAPEAKE PARK VIRGINIA BEACH," a copy of
which is on file in the Department of
Public Work 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 W. F. Oliver, Jr., his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Ocean View Avenue and that W. P. Oliver, Jr., his
heirs, assigns and successors in title Shall bear all Costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that W. F. Oliver, Jr., his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
- 21b -
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, that this ordinance shall not be
in effect until such time that W. F. Oliver, Jr., executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of April 19 84
MES/re
3/7/84
(29H)
APppov:D AS
DEPART,@A-@"I
To
-2-
April 2, 1984
- 22 -
Item II.I.7
CONSENT AGENDA ITEM # 21650
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance authorizing the City Manager to execute
a deed of vacation and quitclaim between the City of Virqinia Beach and
BERNARD KROLL AND ALBERT KROLL vacating portions of the 200' drainage
easement at Scarborough Square, in the Princess Anne Borough.
(This matter was deferred for one week on March 26, 1984)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.1 Robert G. Jonesl
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
22a
AN ORDINANCE AUTHORIZING THE CITY MANAGER To
0
EXECUTE A DEED OF VACATION AND QUITCLAIM
Z,
BETWEEN THE CITY OF VIRGINIA BEACH AND
BERNARD KROLL AND ALBERT KROLL VACATING
< PORTIONS OF THE 2001 DRAINAGE EASEMENT AT
SCARBOROUGH SQUARE, IN THE PRINCESS ANNE BOROUGH
WHEREAS, by plat, entitled 'STREET DEDICATION AND EASEMENT
PLAT SCARBOROUGH SQUARE FOR BERNARD KROLL, ALBERT KROLL, AND RUTH
COHEN PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," dated
October, 1969, and recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, in map ]3ook 84, at
Page 13, Bernard Kroll and Albert Kroll (the 'Owners") conveyed to
the CitY of Virginia Beach a 200' drainage easement across their
property; and
WHEREAS, the Owners have requested that the City of
Virginia Beach release its right and interest in those portions of
the 'EXISTING 2001 DRAINAGE EASEMENT" shown as the shaded areas on
that certain plat entitled 'PLAT SHOWING AREA OF 200' DRAINAGE
EASEMENT TO BE VACATED AND 30, UTILITY EASEMENT TO BE DEDICATED AT
SCARBOROUGH SQUARE FOR CHAPEL HILL BUILDERS PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA,' dated November 29, 1983, revised
February 7, 1984, and March 14, 1984, and prepared by Basgier and
Associates, Consulting Engineers-Surveyors-Planners, Virginia
Beach, Virginia, a reduced copy of which is attached her,to and
made a part hereof as 'Exhibit A;' and Said shaded areas are
hereinafter collectively referred to as 'Portions Of The 2001
Drainage Easement To Be Vacated"; and
WHEREAS, it has been determined by the Department of
Public Works that the Portions Of The 200' Drainage Easement To Be
Vacated are in excess of the needs of the City of Virginia Beach,
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
and incorporated herein by reference as Exhibit B), releasing the
City's right and interest in the Portions Of The 200' Drainage
Easement To Be Vacated to Bernard Kroll and Albert Kroll.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 2, 1984
CJ/da - (C) - 3/1
- 23 -
Item II-I.8
CONSENT AGENDA ITEM # 21651
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance appointing viewers in the petition of
COLCON DEVELOPMENT COMPANY, INC. for the closure of portions of Woodland
Street and Wagon Road (Kempsville Borough).
The Viewers are:
Robert J. Scott - Director of Planning
David M. Grochmal - Assistant to the City Manager
for Inter-governmental Affairs
C. Oral Lambert, Jr. - Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.! Robert G. Jones!
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council M@ers Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 23a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Colcon Development Co., Inc. has given due and
proper notice, in accordance with the statutes for such
cases made and provided that they will on the 2nd day of
April, 1984, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to
view the below-described property and report in writing to
the Council whether, in the opinion of said Viewers, any,
and if any, what inconvenience would result from the
discontinuance of the hereinafter described portions of
those certain streets of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scott David M. Grochmal
and C. Oral Lambert, Jr., are hereby appointed to view
the below described property and report in writing to the
Council, as soon as possible, whether in their opinion, any,
and if any, what inconvenience would result in the
discontinuing and vacating of portions of those certain
streets of variable width located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
April 2, 1984
- 23b -
SEE ATTACHED "EXHIBIT A"
(for complete legal description)
All the above as shown upon tbat certain plat entitled
"Street Closure Plat for Colcon Development Corp. Plat of A.
C. Jarvis Land M.B. 5 PT. 1 P. 78 Kempsville Borough
Virginia Beach, Va.", dated 1 Feb. 1984, which plat is
attacbed hereto and made a part hereof and intended to be
recorded with the ordinance closing the aforedescribed
street.
April 2, 1984
23c -
LEGAL DESCRIPTION
PARCEL I; The Wagon Road, &/k/a the Roao, beginning at the
northeast corner of Lot 76 as shown on that c*rtain plat
entitled "Plat of A. C. Jarvis Land 1914" which-soid plai is
duly recorded in the Clerk's office of the Circuit Court of
the City of Virejinia Beach, Virginia, in Map Book 5, page
78, and from said point of beginning thence along ths
western most line of the Wagon Road, a/k/a the Road, S 28
24" E 545 feet moie -or less to a point on the edge of Thalia
Creek; thence N 6-20 061 59" E 25 feet more or leas to a
point; thence N 410 jOl 49" E 5 feet more or leas to a point
in the eastern line of the Wagon Road, a/k/a the' Road;
thence alorlq the eastern line of the Wagon Road, a/k/a the
Road, N 28- 241 W 528 feet more or less to a point which
point is the northwestern most corner Pf Lot 77 as shown on
the above referenced plat; thence S 89U 351 39" W 33.98 feet
more or less along the southern line of L&Fayette Ave.,
which line would also be the prolongation of the northern
line of Lot 77 in a westerly direction to the northeastern
most corner of Lot 76, the point and place of beginning.
PARCEL II: Woodland Streg@-- - Beginning at a point, whtch
said point is located S 00 241 2111 E 250 feet more or less
from the northwestern most corner of Lot 74 as shown on that
certain plat entitled "Plat of A. C. Jarvis Land 1914",
which plat is duly recorded in the Clerk's Office ok the
Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 5, page 78 and also shown on that certain plat
entitled "Plat of Southern Part of the Sheldon Farm Princess
Anne Co., Va. Showing Location of Farms and Garden Sites,
Elizabeth Park and Land Co.", dated idly 1913 and duly
recorded in the Cler@'s Office aforesaid in Map Book 47,
page 49; thence N 89" 35' 39" E 392 feet more or less as
shown on the aboveplato to the southeastern most corner of
Lot 76; thence S 280 241 E 50 feet more or less to the point
in the southern line of Woodland 'Street; thence S 890 351
39" W along the southern line of Woodland Street to a point
in the western line of Lot 74, said last call is at all
times 50 feet from and pararell to the southern line of Lots
75 and 76 aforesaid; thence N 000 241 21" W 50 feet more or
less to a point, which point is the point and place of
beginning.
All the above, as shown upon that certain plat entitled
"Street Closur'e Plat for Colcon Development Corp. Plat of A.
C. Jarvis Land MB 5, Pt. 1, P. 78 ' Kempsville Borough,
Virginia Beach, Va." dated 1 Feb. 1984.
April 2, 1984
23d -
IN THE MATTER OF CLOSING, VACACTING AND
DISCONTINUING PORTIONS OF THOSE STREETS
KNOWN AS WOODLAND STREET AND THE WAGON
ROAD, A/K/A THE ROAD, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT
FOR COLCON DEVELOPMENT CORP. PLAT OF A. C.
JARVIS LAND M.B.5 PT. 1 P. 78 KEMPSVILLE
BOROUGH VIRGINIA BEACH, VA." DATED 1 FEB.
1984, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Colcon Development Co., Inc.,
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner
applies for the vacating, closing, and discontinuance of
portions of those certain streets, which are more
specifically described as follows:
SEE ATTACHED "EXHIBIT All
(for complete legal description)
Said parcels of land being portions of Woodland Street
and the Wagon Road, a/k/a the Road, as indicated on that
certain plat entitled "Street Closure Plat for Colcon
Development Corp. Plat of A. C. Jarvis Land M.B. 5 PT. 1 P.
78 Kempsville Borough Virginia Beach, Va.", which plat is
attached hereto and made a part hereof and intended to be
EVANS&WOOD
April 2, 1984
23e -
recorded with the Ordiance closing the aforedescribed
streets.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
streets, and the Petitioner prays that this Honorable
Council appoint viewers as provided by law to view said
streets proposed to be closed and to report in writing to
the Council on or before the day of 1 1984, as
to whether in the opinion of said viewers, what
inconvenience, if any, would result from the discontinuance
and closing of those portions of said streets, as herein
reported and described.
3. That on the 18th day of March, 1984, and on the
25th day of March, 1984, notice of the presenting of this
application was published in the Beacon, a newpaper of
general circulation, in the City of Virginia Beach,
Virginia.
4. That the contract purchaser of all land along and
adjacent to and affected by said portions of the streets to
be closed is your Petitioner herein, Colcon Development Co.,
Inc., 1023 Laskin Road, Suite 103, Virginia Beach, Virginia
2 3 4 51 .
Respectfully submitted,
EVANS&WOOD COLCON DEVELOPMENT CO., INC.
(Contract Purcha
By
Michael E. Wood Of Counsel
EVANS & WOOD
1023 Laskin Road, Suite 103
Virginia Beach, Virginia 23451 April 2, 1984
23f -
LEGAL DESCRIPTION
PARCEL I: The Wagon Road, a/k/a the Road, beginning at the
northeast corner of Lot 76 as shown on that certain plat
entitled "Plat of A. C. Jarvis Land 191411 which said plat is
duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 5, page
78, and from said point of beginning thence along th
western most line of the Wagon Road, a/k/a the Road, S 28
24" E 545 feet more or less to a point on the edge of Thalia
Creek; thence N 62 0 06' 59" E 25 feet more or less to a
point; thence N 410 j8' 49" E 5 feet more or less to a point
in the eastern line of the wagon Road, a/k/a the Road;
thence alon the
,g eastern line of the Wagon Road, a/k/a the
Road, N 28 241 W 528 feet more or less to a point which
Point is the northwestern most cornerpf Lot 77 as shown on
the above referenced plat; thence S 89 35' 391 W 33.98 feet
more or less along the southern line of LaFayette Ave.,
which line would also be the prolongation of the northern
line of Lot 77 in a westerly direction to the northeastern
most corner of Lot 76, the point and place of beginning.
PARCEL II: Woodland Stregt-.- Beginning at a point, which
said point is located S 00 '241 21" E 250 feet more or less
from the northwestern most corner of Lot 74 as shown on that
certain plat entitled "Plat of A. C. Jarvis Land 1914"'
which plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 5, page 78 and also shown on that certain plat
entitled "Plat of Southern Part of the Sheldon Farm Princess
Anne Co., Va. Showing Location of Farms @and Garden Sites,
Elizabeth Park and Land Co.", dated Jdly 1913 and duly
recorded in the Cler@'s Office aforesaid in Map Book 47,
page 49; thence N 89u 351 39" E 392 feet more or less as
shown on the above plate to the southeastern most corner of
Lot 76; thence S 280 241 E 50 feet more or less to the point
in the southern line of Woodland 'Street; thence S 890 35'
39" W along the southern line of Woodland Street to a point
in the western line of Lot 74, said last call is at all
times 50 feet from and pararell the southern line of Lots
75 and 76 a-foresaid; thence N 00%0 24' 21" W 50 feet more or
less to a point, which point is the point and place of
beginning.
All the above, as shown upon that certain plat entitled
"Street Closure Plat for Colcon Development Corp. Plat of A.
C. Jarvis Land MB 5, Pt. 1, P. 78 Kempsville Borough,
Virginia Beach, Va." dated 1 Feb. 1984.
April 2, 1984
- 23g -
EVANS & WOOD
ATTORNEI'S ANI) ('OUNSIII,OnS AT l@Al@
.U.T.
%'IRGINIA BEACH, VIR(IINIA 23451
CERTIFICATE OF VESTING OF TITLE
I, Michael E. Wood, attorney for Colcon Development Co.,
Inc. do hereby certify that:
1. I am an attorney at law and represent Colcon Development
CO., Inc., the petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Elizabeth Park
& Land Co. and Oak Park, Inc., both defunct Virginia
corporations, the holders of the under-ly.ing,fp@.in said streets.
However, petitioner as Contract Pdr-6@
aser is acquiring fee simple
title to the lots surrounding said streets and at such time as
the petitioner acquires the fee simple title to the adjoining
lands, then a Receiver for each corporation will convey the
underlying fee in Woodland Street and the Wagon Road, a/k/a the
Road, in as much as the same is applicable to Lots 74, 75, 76,
77, and 78, A. C. Jarvis Land, Map Book 5, page 78.
truly yours,
@/- @ @ @C/I /
el E. Wood
MEW:shj
April 2, 1984
24 -
Item II-I.9
CONSENT AGENDA ITEM # 21652
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED AN Ordinance to authorize acquisition of property
in fee simple for right-of-way for GREAT NECK ROAD PHASE II PROJECT and
the acquisition of necessary temporary and permanent easements, either
by agreement or by condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.! Robert G. Jones'
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
24a -
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR GREAT NECK ROAD
PHASE II PROJECT AND THE ACQUISITION OF NECESSARY
TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREE-
MENT OR BY CONDEMNATION.
WHEREAS, by Resolution, R-80-603, adopted January 14, 1980,
the Council of the City of Virginia Beach, Virginia requested the
State Highway and Transportation Coinmissioner to acquire the
necessary rights-of-way for the Great Neck Road Phase II Project
within the corporate limits of said City; and
WHEREAS, the State Highway and Transportation Commissioner
has now requested the City of Virginia Beach to assist in acquisition
of right-of-way for the Great Neck Road Phase II Project; and
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 to provide transportation and for other
public purposes and for the preservation of the safety, health,
peace, good order, comfort, convenience, and for the 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
in fee simple, including necessary temporary and permanent easements
as shown on the plans entitled, Great Neck Road Project, Section C-501
and Section C-502, these plans being on file in the Office of Real
Estate Department of Public Works, Virginia Beach, Virginia.
April 2, 1984
24b -
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.
Soction 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 2 day of April 1984.
JAR:jmh
3 2 3/ 84
April 2, 1984
- 25 -
Item II-I.10
CONSENT AGENDA ITEM # 21653
Upon motion by Councilwoman oberndorf, seconded by Councilman Heischober,
City Council APPROVED a Finance proposal by SOUTHERN NATIONAL LEASING
CORPORATION at an interest rate of 8.35% for the lease/purchase of various
pieces of equipment totaling $98,063; AND, authorized the City Manger to
enter into the necessary agreernents with SOUTHERN NATIONAL LEASING
CORPORATION for the lease/purchase of this equipment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.*, Robert G. Jones!
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 26 -
Item II-I.11
CONSENT AGENDA ITEM # 21654
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council APPROVED Bingo/Raffle Permits for the following.
BINGO GREEN RUN HOMES ASSOCIATION
RAFFLE SEAHAWK BOOSTER CLUB
Voting: 10-0
Council Members Voting Aye:
John A. Eaum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.* Robert G. Jones*
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
*Verbal Aye
April 2, 1984
- 27 -
ITEM II-J.1
PIANNING ITEM # 21655
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of HUDGINS AND ASSOCIATES
for a Street Closure as per the following:
FINAL APPROVAL
ORDINANCE UPON APPLICATION OF HUDGINS AND ASSOCIATES FOR
THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A 30-FOOT
UNIMPROVED RIGHT-OF-WAY
Ordinance upon Application of Hudgins and Associates for the
discontinuance, closure and abandoriment of a portion of an
unnamed and unimproved 30 foot street as shown on the Plat
of Colonel L. D. Starkes Farm, beginning at a point 550
feet more or less south of the intersection of Norfolk Avenue
and the east side of Marshview Drive, running a distance of
850.52 feet in a southeasterly direction continuing for a
distance of 333.88 feet in an easterly direction for a total
of 1,184.04 feet along the northern boundary line, running
a distance of 44.04 feet in a southeasterly direction along
the eastern boundary line, running a distance of 375.61 feet
in a Westerly direction and continuing a distance of 860 feet
in a northwesterly direction for a total of 2,420.01 feet
along the southern boundary line, running a distance of 30
feet in a northeasterly direction alonq the western boundary
line. Said parcel contains 38,681 square feet. LYNNHAVEN
BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Cuncil members Absent:
Mayor Louis R. Jones, J. Henry McCoy, Jr., D.D.S.
April 2, 1984
itJAL APPtqOu4i- ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS AN UNNAMED 30 FOOT STREET,
LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAN OF
PROPERTY FOR STREET CLOSURE BEING A PORTION OF AN UNNAMED AND
UNIMPROVED 30' STREET AS SHOWN ON PLAT OF COL. D. L. STARKED
FARM ', WHIRH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP
BOOK _, AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by Hudgins and Associates, a Virginia corporation,
that it would make application to the Council of the City of
Virginia Beach, Virginia, on October _, 1983, to h"e the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that-the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain part or portion of an unnamed 30 foot
right-of-way located in the City of Virginia Beach,
Virginia, and being shown on that certain plat entitled
'Col. L. D. Starke's Farm" which said plat is duly
recorded in the Clerk's Office of the Circuit Court of
the City of Virgihia Beach, Virginia, in Map Book 10 at
page 15, and said portion of said unnamed 30 foot
street is more particularly described as follows:
Beginning at a point on the southeasterly side of
Marshview Drive where the southeasterly right-of-way
line of Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said plat of
the L. D. Starke Pam recorded in map Book 10 at page
15, and from said point of beginning thence S 400 561
21" E 850.52 feet to a point; thence S 760 031 210 E
333.88 feet to a point; thence S 33* 061 54" E 44.04
feet to a point; thence N 76* 031 21' W 375.61 feet to
a point; thence N 400 561 21" W 860.00 feet to a point
on the southeasterly side of Marshview Drive; thence
along the southeasterly side of Marshview Drive N 490
041 28" E 30.00 feet to the point or placd of
beginning; said area to be closed being shown on
FINAL APPROVAL - April 2, 1984
April 2, 1984
that certain survey entitled "Plan of Property for
Street Closure Being a Portion of an Unnamed and
Unimproved 30' Street as shown on Plat of Col. L.
D. Starke's Farm."
Said parcels of land being a portion of an unnamed 30 foot street
as indicated on that certain plat of property entitled *Plan of
Property For Street Closure Being A Portion Of An Unnamed And
Unimproved 301 Street As Shown On Plat Of Col. L. D. Starkes
Farm", 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,
indexed i@ the name of the City of Virginia Beach, as grantor.
SECTION Ill
April 2, 198 4
33 IR X!Cr-, ]B. MIILT--3
A"ORNEY ANO COUNSKLLOR AT LAW
VIRGINIA GRACH. VIROINIA a3462
Tt,.P.o.c @0-0500
CERTIFICATE OF VESTING OF TITLE
July 11, 1983
Th6 Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council:
I, Bruce B. MillS, attorney for Hudgins and Associates, Inc.
do hereby certify that:
1. I am an attorney at law and represent Hudgins and
Associates, Inc., the petitioner.
2. If the Property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the adjacent
landowners.
SEE EXHIBIT A ATTACHED HERETO
Yours very truly,
Bruce B. 14ills
April 2, 1984
EXHIBIT A
ALL TITAT certain part or portion of an unnam4d 30
foot right-of-way located in the City of Virginia
Beach, Virginia, and being shown on that certain
plat entitled "Col. L. D. Starke's Pam" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in map Book 10 at page 15, and
said portion of said unnamed 30 foot street is
more particularly described as follows: Beginning
at a point on the southeasterly side of Marshview
Drive where the southeasterly right-of-way line of
Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said
plat of the L. D. Starke Farm recorded in Map Book
10 at page 15, and from said point of beginning
thence S40 0 561 210 E850.52 feet to a point;
thence S 76* 031 210 E333.88 feet to a point;
thence S 33* 061 540 E 44.04 feet to a point;
thence N 760 031 21* W375.61 feet to a point;
thence N 40* 561 21" W 860.00 feet to a point on
the southeasterly side of Marshview Drive; thence
along the southeasterly side of Marshview Drive N
490 041 28" E 30.00 feet to the point or place of
beginning; said area to be closed being shown on
that certain survey entitled 'Plan of Property for
Street Closure Being a Portion of an Unnamed and
Unimproved 301 Street as shown on Plat of Col. L.
D. Starke's Farm."
April 2, 1984
- 28 -
ITEM II-K.1
ADD-ON
UNFINISHED BUSINESS ITEM # 21656
Councilman Baum requested the City Manger to address (via a Staff Briefing
in the near future) the City's ACQUISITION POLICY. In the appraisal pro-
cess citizens are to be reimbursed for damage occurring to their residue
land. There are many possible instances where this damage is so severe that
the City should purchase the whole parcel rather having to take care of a small
parcel in the future. The City Policy should be known, so City Council
may avoid entering into any type of salvage operation.
Councilwoman Oberndorf further referred to the fact that City Council was
informed that only a very few homes would be directly IMPACTED by the con-
struction on General Booth Boulevard. She requested the City Manager inform
Council as to what happens to residents whose homes have greater IMPACT than
the ENGINEERS had originally anticipated.
April 2, 1984
- 29 -
Item II-L.1
ADD-ON
NEW BUSINESS ITEM # 21657
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council voted to CANCEL and not RESCHEDULE the City Council Meeting
of may 28, 1984 (Legal Holiday)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Cuncil Members Absent:
Mayor Louis R. Jones, J. Henry McCoy, Jr., D.D.S.
April 2, 1984
- 30 -
Item II-L.2
NEW BUSINESS ITEM # 21658
The City Manager presented via a series of CHARTS the proposed CITY OF
VIRGINIA BEACH OPERATING BUDGET for the Fiscal Year ending June 30, 1985.
The Budget is balanced and represents the plan of operations for the City.
During the past year, the City experienced an unprecedented growth in the
Construction Industry. This fact is reflected by the issuance of 17,424
Building Permits in the Calendar Year 1983, which was greater than any
other year in the City s history. This number is somewhat inflated by
Mechanical Permits issued two years ago. A Building Permit Value of
some $550.7 MILLION for the Calendar Year was reflected in one of the
charts along with some 8,635 Housing Units that were permitted during
the same period.
By use of the following charts, the City Manager illustrated the BUDGET
and REVENUE SUMMARY
BUDGET SUMMARY
AMOUNT % OF
(MILLIONS) TOTAL
SCHOOL $141.0 42.0
CITY 133.7 39.8
DEBT SERVICE 29.1 8.7
WATER & SEWER
OPERATIONS 21.0 6.2
WATER & SEWER DEBT SERVICES 11.0 3.3
335.8 100.0%
14.7% INCRFASE OVER PY 1984
REVENUE SUMMARY
AMOUNT % OF
TOTAL
GENERAL PROPERTY TAXES $ 98.5 29.3
OTHER LOCAL TAXES 64.3 19.2
OTHER LOCAL SOURCES 55.4 16.5
FROM THE COMMONWEALTH 104.2 31.0
FROM THE FEDERAL GOVERN@IENT 5.8 1.7
FROM FUND BALANCE 7.6 2.3
$335.8 100.0%
'These first three RESOURCES, which are the City's own local resources amount
to almost 65% of the Total Operatinq Budget.
April 2, 1984
- 31 -
Item II-L.2.
NEW BUSINESS ITEM # 21658 (continued)
The Property Tax rate being recommended will remain at 80cts per $100 and
that is at a 100% Assessment Ratio. The Personal Property will remain
$6.00 per $100 at a 50% ratio. In other words, no change is recommended
for the FISCAL YEAR 1985.
The SCHOOL DISTRICT has presented its budget of $140,966,023 for the
OPERATION OF THE SCHOOLS for FISCAL YEAR 1985. This figure is some 12.8%
larger than the current original budget, as was expressed in the Superin-
tendent's Budget Message. The City Manager further referenced that he
had made no changes in the BUDGET adopted by the SCHOOL BOARD and has
included it in its entirety in the PROPOSED FY 1985 CITY BUDGET.
The City Budget contemplates an additional 122 Full Time Positions plus
temporary positions equal to 12 full time equivalents. Some of the new
positions are needed to maintain present services whereas others are to
enchance present services.
An increase in funding is proposed for the promotion of Cultural Activities
and Enrichment Program sponsored by the Arts and Humanities Commission
up from $85,200 in the present fiscal year to $188,415 in FY 1985.
The Police and Fire Department have made a major request as the outside
radio systems have been playing havoc with thier communication system.
The Departments have recommended and the City Manager fully concurs that
the present communications system should be replaced, which has been in-
cluded in this Budget for a total of approximately $2,700,000, Approxi-
mately $435,600 of that amount will be coming from the water and sewer
department for their share.
A Mid-Wife Program has been recommended under the Human Services Department
to be added in the hospital delivery of infants of low income obstetric pa-
tients. Approximately $150,000 has been included for this activity.
A GENERAL SALARY INCREASE for City Employees of 7.5% effective July 1, 1984,
has been recommended.
There has been an ACCOUNTING CHANGE to reflect more accurately the nature
of lease purchase payments. All payments on lease purchase contracts are
budgeted in the general debt fund rather than in the budgets of the purchasing
departments as in previous years.
Approximately $150,000 has been set aside for costs associated with REORGANIZATION.
It has been projected that the UNDESIGNATED FUND BALANCE for July 1, 1984
will be $26.4 MILLION.
(The City Manager's Message is hereby made a part of the proceedings)
April 2, 1984
- 31a -
April 2, 1984
The Honorable Mayor
Members of the Council
Dear Council Members:
As required by Section 5.02 of the Virginia Beach City Char-
ter, I am pleased to present the City of Virginia Beach Proposed
operating Budget for fiscal year ending June 30, 1985. The budget
is balanced and represents the plan of operations for the city.
It represents long hours ot preparation, discussion, analysis, and
review. This Proposed Budget will allow the city to continue all
current programs at the present service levels and increase or
enhance others to the extent enumerated in Attachment 1. These
service levels above current operations have been justified by the
department heads as being essential to continue or improve those
services required by the citizens.
During the preparation of this budget, we attempted to
respond to guidelines expressed by Council Members through the
recent budget survey developed by the Council Committee. The
survey responses dealt with such issues as general policies,
employee compensation, services, operating expenditures, capital
requirements, and revenue sources. Issues not covered in the
document will be addressed in subsequent material to be distri-
buted to Council. We were extremely gratified to have this direc-
tion from Council in the development of this budget document.
During the last year, the city experienced unprecedented
growth in the construction industry. This fact is reflected in
the 17,424 building permits issued in calendar year 1983, a number
greater than any other year in the city's history. The popula-
tion, which now exceeds 300,000 persons, is larger than any other
city in Virginia. These two factors will challenge the city
government to move ahead in maintaining existing services for an
expanded citizenry and improving the organization to enhance pro-
ductivity so that these services can be provided at the least
possible cost. Having celebrated its 20th anniversary in 1983,
the city is now coming of age and the plan proposed in this FY
1985 budget, if approved, will provide the city and school board
staffs the ability to continue the pursuit of excellence in muni-
cipal service delivery.
April 2, 1984
31b -
2 -
The following is a brief overview of the budget as proposed:
Proposed Percent
Revenue Summary 1984-85 of Total
General Property Taxes $ 98,475,599 29.32%
Other Local Taxes 64,274,730 19.14%
Other Local Sources 55,402,226 16.50%
From the Commonwealth 104,232,201 31.04%
From the Federal Government 5,836,324 1.74%
FrOM Fund Balance 7,585,598 2.26%
Total $335,806,678 100.00%
Appropriation Summary
School Operations $140,966,023 41.98%
City Operations 133,719,002 39.82%
Debt Service (City and School) 29,127,936 8.67%
Self Supporting:
Water and Sewer Operations 20,995,283 6.25%
Water and Sewer Debt Service @0, 98,434 3.28%
Total $335,806,678 100.00%
The total budget is 14.7% higher than the original budget you
approved for FY 1984 and 13.5% higher than the FY 1984 budget, as
adjusted through December 31, 1983. Below is an analysis of the
growth in the budget by major category:
1983-84 1983-84 1984-85 % Increase
Original Adjusted Proposed Proposed Proposed
Budget Budget Budget over over
School: (Million ) (Millions) (Millions) @us e@d
Operations $125.0 $125.3 $141.0 12.8% 12.5%
Debt Service 8.6 8.6 8.9 3.5% 3.5%
Total 133.6 $-l 3@9 $149.9 12.2% 11.9%
City:
Operations $116.3 $118.6 $133.7 14.9% 12.7%
Debt Service 14.3 14.3 20.2 41.3% 41.3%
Total 1 3 0 . 6 -!Vf3 2 -9 @l 3.9 17.8% 15.8%
Water & Sewer:
Operations $ 18.3 $ 18.6 $ 21.0
11.0 14.8% 12.9%
Debt Service 10.3 10.3 6.8% 6.8%
Total 28.6 28.9
$ 32.0 11.9% 10.7%
TOTAL $292.8 $295.7 $335.8 4.7% 13.5%
April 2, 1984
- 31c -
3 -
SCHOOL OPERATIONS
Superintendent of Schools, Dr. E. E. Brickell has presented a
budget of $140,966,023 for the operation of the schools for FY
1985. As pointed out in his message, this figure is 12.8% larger
than the current original budget. He attributes the increase to
growth in student population,, program changes to implement speci-
fic curriculum recommendations, increased fringe benefit costs,
salary increases for school employees, and some non-personnel
items. In his message, Dr. Brickell indicates that salaries and
fringe benefits account for 88.5% of the total budget. He and the
school board have proposed a 10% average increase for all person-
nel, including step increases. It is indicated that the plan will
provide an average teacher's salary of $22,656 for 190 days of
employment plus about $5,480 fringe benefits and $718 in hospita-
lization insurance payments. Other items in the school budget are
enumerated in the Superintendent's message. I have made no
changes in the budget adopted by the school board but, rather,
have included it in its entirety in the proposed FY 1985 city
budget.
CITY OPERATIONS
This city budget contemplates an additional 122 full-time
positions plus temporary positions equal to 12 full-time equiva-
lents. Because of growth, some of the new positions are needed to
maintain present services whereas others are to enhance present
services (Attachment 1). Several of the major functions affecting
this budget, of which some include new positions, are:
Citizen Safety. The Police Department has included 12 tem-
porary positions to assist in Beach Borough patrol during summer
months, 29 permanent positions to serve the increased growth in
the city, 6 positions for communications officers and 2 animal
control officers.
The Fire Department, through an organizational change, has
requested 3 captains to command a fourth fire battalion and 15 new
firefighter positions to create an additional ladder company.
Also, 1 additional clerical position will be hired in the Fire
Department.
In addition to the new positions, the Police, Fire, and
Personnel Departments, have been reviewing the Patrolman, Master
Patrolman, Firefighter, and Master Firefighter positions to deter-
mine if the present compensation is equitable with the tasks per-
formed by those positions. This task force will complete their
work in the very near future. A reserve has been established in
anticipation of their ultimate recommendations.
Enri . There is $132,799 for 9 full-time posi-
tions in this budget to establish the operational staff, complete
the installation of exhibits, and develop guides and curriculum
April 2, 1984
31d -
4
for the opening on May 1, 1985 of the Virginia Marine Science
Museum.
Also, included in this budget is $101,605 to hire 5 positions
for selection, acquisition, cataloging, processing, and storage of
150,000 books and media for the ultimate opening of the Central
Library.
We are proposing to increase funding for the promotion of
cultural activities and enrichment programs sponsored by the Arts
and Humanities Commission from $84,200 in FY 1984 to $188,415 in
FY 1985.
Technology. In order to improve productivity and minimize
the creation of positions in future years, funds have been pro-
vided in this budget for the acquisition of 9 microcomputer
systems for use in several departments. We have also included
$375,000 to purchase an additional mainframe computer and $300,000
to purchase a relational data base. The latter is a technological
change which will reduce program development time and make data
more easily accessible to user departments.
The Police and Fire Chiefs have been concerned for some time
about the interference from outside radio systems affecting the
ability of police and fire to respond to emergency situations.
They have recommended, and I concur, that the present communica-
tion system should be replaced and there is included in this
budget a total of $2,700,000 which will provide a system in the
800 MHz frequency range. The new system will provide the expan-
dability needed with the growth in the populated areas. Of the
total cost, $435,600 will be paid from the Water and Sewer
Enterprise Fund.
Human Services. For the first time, the Health Department
will begin a midwife program to aid in the hospital delivery of
infants for low income obstetrical patients. Five positions have
been included for this purpose in this budget at a cost of
$ 1 50 O 0 0 .
To respond to child and adult abuse and neglect complaints,
provide adequate foster care, and provide job sites in the private
sector for ADC recipients, the Department of Social Services has
included two additional full-time and nine part-time positions at
a cost of $143,852. In addition, $167,000 has been provided in
Reserve for Contingencies to change Social Service employees from
state to city status to provide equity with other city positions.
There are 3 positions proposed for the Department of Mental
Health and Mental Retardation to provide outreach therapy to the
high risk elderly population, outreach activities and services for
handicapped infants, and to bring the substance abuse program up
to a minimum level of support capability.
April 2, 1984
- 3le -
5 -
Employee Compensation and Benefits. I continue to be pleased
with the dedication of Virginia Beach employees and feel that we
must continue programs to enhance employee retention while at the
same time improving productivity to provide services at lower cost
to citizens.
In the budget, there is proposed a 7.5% general salary
increase for City employees, effective July 1, 1984. Since 1970,
cost-of-living salary increases approved for employees did not
keep pace with the actual rise in the cost-of-living. Using the
"Kiplinger Washington Newsletter" consumer price indices from
1970, employees would need a 9% salary increase just to maintain
parity with past increases in the cost-of-living. In addition,
"Kiplinger" is projecting the cost-of-living to rise another 5% in
the 1984 calendar year. Although the general increase will not
totally compensate for the past and projected increase in the
cost-of-living, it does constitute a major effort.
Also, I have been interested in providing additional incen-
tive for employees who have reached the longevity steps of the pay
plan. We have considered a provision for a modification to the
City's pay scale that will present an opportunity for employees in
the longevity pay steps to obtain additional remuneration. Upon
reaching the last step of the range, employees may be eligible to
receive a one-time salary payment if they qualify under the pre-
sent performance appraisal system. The plan is intended to moti-
vate employees who have reached the final steps in the ranges
without the salary being permanently elevated. We will discuss
this concept with Council.
Lease Purchase @a il n@tel. In this budget, there is an
accounting change to reflect more accurately the nature of lease
purchase payments. All payments on lease purchase contracts are
budgeted in the General Debt Fund rather than in the budgets of
purchasing departments, as in previous years, since these
contracts represent debts of the city. However, the accounting
change has a dramatic impact on city debt service. Of the $5.9
million increase in that category, $2.8 million represents these
capital lease payments which have previously been recorded as part
of city operations. The remaining $3.1 million increase will be
needed mainly to pay debt service costs for new charter bond
issues.
Reorganization. With the rapid rate of growth and change
occurring in Virginia Beach, there is a need to develop an admi-
nistrative structure which can plan for the future. we must be in
a position to anticipate change and respond actively to direct the
service delivery systems accordingly. In this light, aplan of
reorganization has been developed and, with Council concurrence, I
plan to implement the structure in the near future. Because of
time constraints, I was unable to address specific areas of the
plan in this budget, but in the General Fund Reserve for
Contingencies account, we have earmarked $150,000 for anticipated
costs associated with the reorganization.
April 2, 1984
- 31f -
6 -
REVENUE RESOURCES
The lowering of interest rates has provided the city with
increased home construction, commercial investment, and consumer
spending which will result in significant increases in revenues
from local taxes. In the General Fund, for example, FY 1985 reve-
nues are projected to total $231,336,357 which is 16.7% greater
than the FY 1984 original budget estimate and 11.2% over the
recently revised FY 1984 estimate. Combined with $7.6 million
from the undesignated General Fund balance, current revenues were
sufficient to balance the budget. As a result, it was not
necessary to propose increasing any of the local tax rates. The
real estate tax rate will remain at 80@ per $100 of fair market
value and the personal property rate will continue at the present
$6.00 per $100 of assessed value using a 50% assessment ratio.
However, real property owners may notice an increase in the
amount of taxes because of the appreciation in property values.
The City Real Estate Assessor's office in the last annual general
reassessment of real property, estimated the average assessment
increase to be 5.45%. An additional 6.75% increase in the real
property tax base is anticipated from growth. The projected real
property tax base will produce $884,000 for each l@ of the tax
rate.
In FY 1984, the city received more revenue than anticipated
from the proration of personal property taxes. Initially, we
estimated the amount would be $1.4 million, whereas through March
1984, the city will realize approximately $1.8 million. We now
project the annual amount in FY 1984 to be $2.4 million and esti-
mate $2.6 million in the FY 1985 budget.
All other local tax rates are proposed to remain the same.
UNDESIGNATED GENERAL FUND BALANCE
After projecting expenditures and revising estimated revenues
for FY 1984, we are anticipating an undesignated General Fund
balance on July 1, 1984 of $26.4 million after using $7.6 million
to balance the FY 1985 budget. This results in a 92.7% increase
over the July 1, 1983 figure of $13.7 million. The undesignated
General Fund balance is expected to be 7.9% of the FY 1985 Pro-
posed Operating Budget.
PUBLIC HEARING
Section 5.07 of the Virginia Beach City Charter requires that
a public hearing be held prior to the adoption of the budget.
Also, I am sure that Council will want appropriate workshop
sessions with the staff for more detailed analysis of this
spending plan. I recommend that the public hearing be held on
Wednesday, April 25, 1984 at 7:00 p.m. in the Pavilion Theatre. I
April 2, 1984
- 3lg
7 -
suggest that Council establish workshop sessions prior to that
date, as desired.
State law requires the adoption of the school budget prior to
May 15, and the City Charter requires adoption of the city budget
prior to June 1. To be adopted, there must be two readings of the
budget.
RECOMMENDATIONS
In preparing this budget, we have tried to keep in mind the
major problems and needs this city faces. The decisions to be
made now are more difficult and complex than ever before because
of the increasing size of the city and the demands placed upon
you. This budget will provide you with the staff and resources to
provide essential services while, at the same time, maintain an
attitude of fiscal responsibility.
The budget is recommended for your consideration and adop-
tion. The staff and I will be available to provide you with any
additional information or assistance to aid in your deliberations.
Respectfully submitted,
Thomas H. muehlenbeck
City Manager
April 2, 1984
- 31h -
ATTACHMENT I
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVELS
1984-85 BUDGET
The 1984-85 Proposed City Budget will maintain existing
levels of service with some enhancements and improvements in
several budget units as summarized below:
GENERAL FUND
PUBLIC INFORMATION OFFICE - $40,918 for a microcomputer to
improve office automation and for repair and maintenance of video
equipment.
OFFICE OF EMERGENCY MEDICAL SERVICES - $53,533 for one (1)
position for emergency medical training; a new chassis for an
ambulance; an automobile; communications equipment to decrease
response times; and training equipment.
VIRGINIA MUSEUM OF MARINE SCIENCES - $132,799 for nine (9)
full time and ten (10) temporary positions for recruitment and
training of the museum's operational staff; completion of the
installation of various exhibits; development of guides and curri-
culum for all museum programs in preparation for the grand opening
on May 1, 1985.
CITY ATTORNEY - $234,778 for six (6) positions plus equipment
to allow for reasonable response time to provide the legal ser-
vices requested.
COMMISSIONER OF THE REVENUE - $51,677 for two (2) positions
plus equipment to handle anticipated office workload due to the
growth of the City.
CITY REAL ESTATE ASSESSOR - $2,714 for additional training
and related memberships for the professional growth and expanded
knowledge of the appraisal personnel.
TREASURER - $23,877 for two (2) positions to accomodate the
increased workload due to proration of personal property taxes.
DIRECTOR OF FINANCE - $23,481 for two (2) positions plus
equipment for technical support in the area of cash management
and for processing invoices.
PURCHASING - $31 ',222 for two (2) positions to handle
increase emands for services in a time frame acceptable to user
agencies.
TESTING AND SELECTION - $10,262 for conversion of a part-time
position to full-time allowing the development of new methods to
assist departments in the employee selection process.
April 2, 1984
- 31i
ATTACHMENT I - Continued
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVELS
1984-85 BUDGET
GENERAL FUND
WAGE AND SALARY - $18,994 for one (1) position to perform
additional point/method evaluations for determining appropriate
levels Of positional compensation.
COMMONWEALTH'S ATTORNEY - $55,935 for the upgrade of the pre-
sent word processinf sy-s@@-to enhance office automation and
assist in archiving data.
JUVENILE PROBATION - $32,050 for Sierra II, a Wilderness
Stress Program, which has proven to be an effective alternative to
traditional probation.
PREVENTIVE MEDICINE - $150,000 for five (5) positions with
the primary responsibility of aiding in the hospital delivery of
low income, uncomplicated obstetrical patients 24 hours every day.
DIRECTOR OF SOCIAL SERVICES - $143,852 for two (2) full-time
and nine (9) part-time positions- to respond to child and adult
abuse and neglect complaints; provide adequate foster care; and
provide job sites in the private sector for ADC recipients.
POLICE ADMINISTRATION - $88,183 for four (4) positions, one
clerical and three officers to type confidential investigative
reports and lengthy de-briefs; investigate lengthy narcotic
conspiracy cases; supervise and manage undercover operations; and
prepare necessary case files in preparation for presentation in
court.
SERVICES DIVISION - $27,182 for one (1) position to provide
supe vlsion on the evening shift for eight to ten persons
currently operating without any general supervisor.
UNIFORM DIVISION - $559,311 for twenty-four (24) officers and
twelve (12) temporary police aides plus field equipment for proac-
tive and reactive response; for daytime policing of the oceanfront
area and of all special events; and for enhancement of winter
traffic enforcement and crime prevention.
COMMUNICATIONS DIVISION - $1,939,791 for six (6) officers to
man two additional consoles plus handle an increased number of
calls and allow the upgrade of communications equipment for
improving reliability, and reducing outside radio interference and
maintenance cost.
INVESTIGATIVE DIVISION - $62,320 for additional clothing
allowance plus six used vehicles.
April 2, 1984
- 31i -
ATTACHMENT I - Continued
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVELS
1984-85 BUDGET
GENERAL FUND
ANIMAL CONTROL - $49,852 for two (2) positions, a truck, and
a radio to investigate additional animal complaints; pick-up addi-
tional animals, and check dog tags throughout the City.
DIRECTOR OF PUBLIC WORKS - $2,000 for two fireproof file
cabinets to store the increasing number of development bonds.
HIGHWAY DIVISION - $234,994 for one (1) position to increase
office efficiency; additionai paving equipment; and improvements
to the canal waterway system.
ENGINEERING DIVISION - $44,889 for one (1) position plus
vehicle and equipment to monitor the tidal action in the Lynnhaven
and Back Bay areas, and to support the Virginia Beach wetlands
Board.
TRAFFIC ENGINEERING DIVISION - $619,379 for one (1) position
to handle an increased number f@calls for Miss Utilities plus
additional funding for pavement markings; field equipment; and the
expansion of street lighting.
SOLID WASTE DIVISION - $18,179 for overtime plus equipment
for trash collecti n se]Fvices at ten public schools on weekends
during May through September.
DIRECTOR OF PARKS AND RECREATION - $50,000 for a computerized
system to assist i maki g ore informed decisions in the areas of
recreation programs, park services, golf courses, and transpor-
tation services.
PARKS AND MAINTENANCE - $30,005 for two (2) positions to
assist in the main enance of new park sites and in the upkeep of
existing facilities.
RECREATION - $6,400 for communication equipment and addi-
tional maintenance for staff vehicles responsible for transporting
the elderly and the handicapped.
LIBRARY ADMINISTRATION - $4,764 for one (1) position to
handle routine cleric-ii-functions-
AREA LIBRARIES - $21,266 for two (2) positions to assist in
handling circulation transactions; provide clerical and accounting
support; and provide additional books and equipment to allow
public access to the catalog of holdings.
April 2, 1964
31k
ATTACHMENT I - Continued
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVE@S
1984-85 BUDGET
GENERAL FUND
REFERENCE SERVICES - $23,343 for two (2) positions to
increase information given to individuals and groups plus increase
the lending of books and other materials.
TECHNICAL SERVICES - $12,736 for additional support services
to the area libraries and divisions plus additional circulation
services.
CENTRAL LIBRARY - $101,605 for five (5) positions for selec-
tion, acquisition, cataloging, processing, and storage of an
opening day collection of 150,000 books and media; planning of
staff organization; and selection of the Central Library staff.
MANAGEMENT AND SUPPORT - $2,719 for additional supplies and a
filing system to file rezoning applications, reports, and studies.
COMPREHENSIVE PLANNING - $13,720 for transportation planning
computer software and a microcomputer system to develop a mathema-
tical model for computing future travel demands and traffic
distribution.
OPERATIONS - $40,717 for one (1) position plus additional
professional services to improve development review functions.
AGRICULTURE ADMINISTRATION - $3,100 for additional contribu-
@6'f-and Water Conservation District to
tion to the Virginia Dare 1
implement conservation programs for FY 1985.
DIRECTOR OF ECONOMIC DEVELOPMENT - $9,050 for a microcomputer
to allow the annual update of the industrial directory, the main-
tenance of industrial area tenants with related data, and main-
tenance of a building inventory.
TOURIST DEVELOPMENT DIVISION - $89,399 for additional media
advertising in major markets plus additional professional services
and supplies to promote the City.
LANDSCAPE SERVICES - $115,184 for four (4) full-time posi-
tions to provide an additional pump station crew; twenty-four (24)
temporary positions to maintain greenbelts and the boardwalk; and
additional communications equipment and site improvements.
MAIL DISTRIBUTION - $4,171 for an electronic accounting
system and an additional telephone.
GENERAL REGISTRAR - $23,137 for a microcomputer system to
automate v rious office functions and enhance efficiency.
April 2, 1984
- 311 -
ATTACHMENT I - Continued
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVELS
1984-85 BUDGET
GENERAL FUND
FIRE ADMINISTRATION - $2,500 for establishment of Assessment
Cent rs to evaluate departmental promotions and process new appli-
cants.
FIRE PREVENTION - $5,565 to provide training equipment and
films plus specialized training to improve the effectiveness of
the Investigative Unit and to the individual investigator's
courtroom credibility as an expert witness.
SUPPRESSION - $1,000,574 and nineteen (19) positions to pro-
vide fourth battalion to increase operational capabilities, to
improve documentation and reporting; and to upgrade the com-
munications system to the 800 MHz range.
DATA PROCESSING DIRECTOR'S OFFICE - $10,164 for an additional
word nsole an upgrade t e present word processing
syste r the increased automation of office operations.
OPERATIONS - $827,662 for data processing equipment, training
for rogramer., replacement of furniture, and a fourth generation
computer language to enhance user and systems development.
CENTRAL FILES - $9,084 for the conversion of microfiche
oper tion to 16mm roll film and jacketed microfilm, resulting in
increased production.
PERMITS AND INSPECTIONS ADMINISTRATION - $14,406 for computer
equip ricai a tivity and therefore provide more
time for the issuance of permits.
COMPREHENSIVE MENTAL HEALTH - $27,124 for one (1) position to
provide outreac igh risk, elderly population, and
support the elderly respite care program.
MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES - $24,080 for
one (1) Pos tion to r@oifde-s rvices and@ut]E@ii&h activities for
handicapped infants; and contractual agreements with Tidewater
Association of Retarded Citizens and Community Alternatives to
help clients unable to be integrated into on-going day activities.
SUBSTANCE ABUSE SERVICES - $13,640 for one (1) position to
bring t e su stance A uii Program up to a minimum level of support
capability.
PEmnT.P,pr)m RRTT.D SERVICE CENTER FUND
PENDLETON CHILD SERVICE CENTER - $58,948 for an additional
resid residential slots for girls.
April 2, 1984
- 31m -
ATTACHMENT I - Continued
DEPARTMENT ENHANCEMENTS
BY FUND
ABOVE CURRENT SERVICE LEVELS
1984-85 BUDGET
TIDEWATER VIRGINIA ASAP FUND
TIDEWATER VIRGINIA ASAP - $180,880 for six (6) positions plus
equipment to handle-th@pr-ogram growth due to the increased number
of clients.
WATER AND SEWER FUND
PUBLIC UTILITIES ENGINEERING - $145,552 for equipment to
improve the capability for working in adverse atmospheres;
improve records development and management; and upgrade of the
communications systems to the 800 MHz range.
WATER PRODUCTION/RESOURCES - $4,200 for software and micro-
computer accessories to expand the capabilities of the microcom-
puter and to improve planning and engineering for the Lake Gaston
project.
OPERATIONS - $474,992 for four (4) positions to aid in Kiss
Utility markings; to control data processing activities in the
Control Center; plus to maintain vehicles and equipment for sewer
pump stations. Additional equipment is also included to upgrade
the communications system to the 800 MHz range.
CUSTOMER SERVICES - $460,997 for a rate study and the upgrade
of the communications system to the 800 MHz range.
PRINT SHOP INTERNAL SERVICE FUND
PRINTING AND DISTRIBUTION - $21,904 for photo-typesetter
equipment to set copy for the Print Shop, Public Information
office, and Parks and Recreation to eliminate travel time and
mileage between city offices and typesetters.
CITY GARAGE INTERNAL SERVICE FUND
AUTOMOTIVE SERVICES - $262,724 for three (3) positions to
reduce downtime of city vehicles and maintain the level of service
with an expanded fleet.
April 2, 1984
3 2
Item II-L.3
ADD-ON
NEW BUSINESS ITEM 21659
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
City Council SCHEDULED a PUBLIC HEARING for the VIRGINIA BF-ACH OPERATING
BUDGET for the Fiscal Year ending June 30, 1985 at 2:00 p.m. in the Council
Chambers of the City of Virginia Beach on April 23, 1984.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
April 2, 1984
- 33 -
Item II-L.4
ADD-ON
NEW BUSINESS ITEM # 21660
Upon motion by Councilman McCoy, seconded by Council Baum, City Council
APPROVED Authorization to ADVERTISE the following SPECIAL REVENUE BONDS
CHASE LYNNHAVEN LIMITED PARTNERSHIP ($7,500,000) Suffolk Redevelopment and
Housing Authority.
PEPPERTREE II ASSOCIATES ($8,000,000) Newport News Development
and Housing Authority
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
April 2, 1984
33a
SUMMARY SHEET
SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
SPECIAL REVENUE BOND
Project Name: Chase Lynnhaven Limited Partnership
Project Location: South Lynnhaven Road across from Lee
Highlands Boulevard. See map attached.
Description of 154-unit apartment complex, including land-
Project: scaping and recreational amenities. The
Project is further described in the attachment.
Amount of Bond: $7,500,000
Principals: Chase Lynnhaven Limited Partnership is a
Virginia limited partnership, the general
partners of which are Crow, Terwilliger
& Michaux, Inc., a Virginia corporation,
and Crow-Terwilliger Company, a Georgia
corporation. The principals of those companies
are described in the attached resume of
the Development Team.
April 2, 1984
33b -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Peppertree II Apartments
Project Location: Just north of the intersection of
Old Donation Parkway and First
Colonial Road, Virginia Beach, Virginia
Description of Project: Multifamily rental housing apartment comple:
Amount of Bond(s): $8,000,000
Principals: General partner will be Snyder-Hunt Corporation
April 2, 1984
- 34 -
Item II-M.I.
ADJOURNMENT ITEM 21661
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADJOURNED the meeting at 3:25 p.m.
Beverly-0. Hooks
Deputy City Clerk
@th Hodges Sir@th, CMC Vice Mayor Barbara M . Henley@,
City Clerk
City of Virginia Beach
Virginia