HomeMy WebLinkAboutOCTOBER 24, 1995 MINUTESk- it3 o1' Vi -gi tic l-3eac=t-
"WORLD'S LARGEST RESORT CITY"
CITY COUNCII~
MAYOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
J(}IIN A BAUM, Bback~uater Borough
LINWOOD 0 BRANCH Iil V, rgmm Beach Borough
ROBERT K DEAN Pn.cess Anne ~arough
B/ W HARRISON, JR, Lvnnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R ]ONES, Bayn& Borough
NANCY K PARKER, At Large
LOUISA M STRA YHORN, Ktmps~lle Borough
JAMES K SPORE, C~ty Manager
LES/IE L LILLEY, C,ly Atttrrney
RUTtt HODGES SMITtt CMC //L4E C:tv Clerk
CITY COUNCIL AGENDA
October 24, 1995
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I ·
AMPHITHEATER DEDICATION
- Amphitheater Site - 12:NOON
Recreation Dr~ve near Landstown Road
II.
CITY MANAGER'S BRIEFING
- Planning Conference Room #115 -1:30 PM
1st Floor Operations Building
A·
DEVELOPMENT REVIEW
Robert Scott, Director, Planning Department
III. CITY COUNCIL WORKSHOP
- Conference Room -
3:30 PM
A. HOMELESS SHELTER
IV. AGENDA REVIEW SESSION
A®
Be
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
V. INFORMAL SESSION
- Conference Room -
5:30 PM
A·
B·
Ce
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
Ae
B·
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: Reverend Gerald Qualls
Glad Tidings Assembly of God
Ce
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
October 17, 1995
ADOPT AGENDA FOR FORMAL SESSION
Ho
CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PUBLIC HEARINGS
1. RESIDENCE BOUNDARY MODIFICATION RE COUNCILMANIC ELECTIONS
2. PRECINCT CHANGE - ELECTION DISTRICT and VOTING PLACE
J. ORDINANCES
i ·
·
·
o
·
Ordinance to AMEND and REORDAIN Section 10-1 of the Code of
the City of Virginia Beach re Election Districts and Voting
Places within the City of Virginia Beach, ADDING new Colonial
and Colonial Baptist Church respectively (KEMPSVILLE BOROUGH).
Ordinance to AMEND and REORDAIN Chapter 2, Article VI,
Division 3, of the Code of the City of Virginia Beach, ADDING
new Section 2-232 re penalty and interest on past due
accounts.
Ordinance to provide for a franchise by the City of Virginia
Beach to Virginia Power re using and occupying streets,
alleyways and other public places of the City for the purpose
of providing electricity.
Ordinance to authorize a temporary encroachment into a portion
of the City's variable width impoundment easement to Eddie
Ralph Smith and Margaret D. Smith re constructing and
maintaining a bulkhead at 5885 Glen View Drive (KEMPSVILLE
BOROUGH ).
Ordinances appointing viewers:
ao
In the petition of BECO CONSTRUCTION, INC. for the
closure of a portion of "excess right-of-way" adjacent to
Little Neck Road (LYNNHAVEN BOROUGH).
bo
In the petition of R. LEWIS BOGGS for the closure of two
unnamed alleyways (VIRGINIA BEACH BOROUGH):
(1) Intersection of the Northern right-of-way line,
140.15' of 27th Street and the Eastern right-of-way
line of Baltic Avenue.
(2) Intersection of the Southern right-of-way line,
140.17 feet of 30th Street and the Western right-
of-way line of Arctic Avenue.
·
Ordinance to authorize special tax refunds in the amount of
$528.31.
K. RESOLUTIONS
i ·
Resolution re issuance of the V~rginia Beach Development
Authority's multi-family rental housing revenue bond:
(Deferred October 17, 1995)
Sunstates House, L.P.
Not to exceed S7,300,000
·
Resolution to authorize and direct the City Manager to execute
the construction contracts for the remaining portions of the
Lake Gaston Water Supply Project.
L. PUBLIC HEARING - PLANNING
7:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
I ·
RECONSIDERATION OF CONDITIONS ONE AND TWO in the March 26,
1984, approved Application of FENNER V. WOOLARD, JR., JOHN E.
GREEN, JR. and JUNE C. GREEN for a Change of Zoning District
Classification from R-~ Residential District to B-2 Community
Business District re property 470 feet East of Kempsville
Road, 260 feet South of Indian River Road for ONTARIO
DEVELOPMENT, INC. (KEMPSVILLE BOROUGH).
Deferred by Planning Commission
Ordinance for discontinuance, closure and abandonment in the
Petition of LAWRENCE A.. SANCILIO, RACHEL V. SANCILIO, LENA
SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET
BANK/VIRGINIA, Trustees under the will of Israel Steingold,
(LYNNHAVEN BOROUGH):
ae
Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a
distance of 1096 feet more or less to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
be
First Street - Beginning at the Western Boundary of
Avenue E and running in a Westerly direction a distance
of 349.78 feet.
Ce
Avenue E - Western 25.01 feet, beginning at a point 200
feet South of First Street and running in a Southerly
direction a distance of 214.67 feet to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
Deferred Indefinitely:
Deferred for Compliance:
Deferred additional 180 days:
Deferred additional 180 days:
Deferred additional 180 days:
July 6, 1993
September 28, 1993
April 12, 1994
October 25, 1994
April 25, 1995
Recommendation: ADDITIONAL 180 DAY DEFERRAL
·
Application of JUAN ANDRES BURGOS for a ~5~ to Section
4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivision meet all requirements of the City
Zoning Ordinance at 1336 Holly Point Road (LYNNHAVEN BOROUGH).
Recommendation-.
APPROVAL
·
Application of MRS. JOHN S. HILL on Albertha's Drive, Little
Neck, for a ~5~ to Section 4.4 (d) of the Subdivision
Ordinance which requires all lots created by subdivision have
direct access to a public street (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Applications of ROBERT A. JONES on property located on the
South side of Owl's Creek Lane, 783.15 feet East of Gregory
Lane, containing 43,124 square feet (LYNNHAVEN BOROUGH):
a·
Change of Zoning District Classification from R-10
Residential District to B-2 Community Business District.
--
b. Conditional Use Permit for a contractors storage yard.
Recommendation: DENIAL
·
Application of SHARON LEEPER GOLESH for a Conditional Use
~ for boarding horses 513 feet West of Dawley Road, 1030
feet more or less North of Gum Bridge Road (3943 Dawley Road),
containing 23.75 acres (PUNGO BOROUGH).
Deferred:
September 26, 1995
Recommendation:
APPROVAL
·
Application of ST. NICHOLAS GREEK ORTHODOX CHURCH for a
Conditional Us~ Permi~ for a church on the West side of First
Colonial Road, 310 feet South of Laskin Road (621 First
Colonial Road), containing 2.39 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a
Conditional Use Permit for a group home (addition) on the
South side of Virginia Beach Boulevard, East of South
Birdneck Road (1053 Virginia Beach Boulevard), containing 9.6
acres (LYNNHAVEN BOROUGH).
Recommendation-.
APPROVAL
M. APPOINTMENTS
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP
TRANSPORTATION SAFETY COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
I ·
PROPOSED MAY 1996 REFERENDUM QUESTION RE CHANGES IN METHOD OF
ELECTING COUNCIL MEMBERS - Discussion Only
P. ADJOURNMENT
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PUBLIC HEARINGS - CITY COUNCIL CHAMBER
NOVEMBER 14, 1995 - 2:00 PM
RE: ELECTION DISTRICTS
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * *
10/19/95BAP
AGENDA\ 10- 24- 95 . PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rginia
October 24, 1995
Councilman Baum called to order the CITY MANAGER'S BRIEFING RE DEVELOPMENT REVIEW
of the VIRGINIA BEACH CITY COUNCIL in the Planning Conference Room #115, Opera~'ons
Building, on Tuesday, October 24, 1995, at 1.30 P M.
Council Members Present:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones and Nancy IC Parker
Council Members Absent.
Mayor Meyera E. Oberndorf
Vice Mayor William D. Sessoms, Jr.
Linwood O. Branch, III
[ENTERED' 1.50 P.M.]
[A TI'ENDING BANK MEETING
IN RICHMOND]
[ENTERED: 1:55 P.M.]
Louisa M. Strayhorn [ENTERED. 1.48 P.M.]
-2-
ITEM # 39912
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORKSHOP re HOMELESS
SHELTER in the Council Conference Room. City ttall Buil&ng, on Tuesday, October 24, 1995, at 4:00
P.M.
Council Members Present:
John A. Baum, Robert K. Dean, Wilham W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy K. Parker and Louisa M Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ATTENDING BANK MEETING
IN RICHMOND]
Linwood O. Branch, III
[ENTERED 4:18 P.M.]
October 24, 1995
-3-
CITY COUNCIL WORKSHOP
HOMELESS SHELTER
4:00 P.M.
ITEM # 39913
Andrew Friedman, Director of Housing and Neighborhood Preservation, distributed information relative
the Policy Report of the Homeless Advisory Committee, Decisions Analysis Re: Homeless Shelter and
Site Options for Homeless Shelter.
DECISIONS ANALYSIS: HOMELESS SHELTER
Decisions Needed
Whether to establish a
facility subject to
identifying a suitable
site.
Ownership Option -
should the City own
the facility ? If not,
what options are
available to provide
sufficient control of its
use?
Location of facility
Scope of program to
be operated.
Who should operate
the program ?
!
Who ShouM Make It
Council
Council
Council
Councd and City
Manager
City Manager
How
Vote on an ordinance
to appropriate
$800,000; authorize
Ctty Manager to
propose a site.
Include appropriate
language tn
authorizing ordinance.
Vote on a
recommendation from
City Manager
regarding a particular
site; or vta planning
process tf use permit
is needed.
General guidance vta
workshop chscusston.
Via RFP selection
process.
Considerations
If Detox ts a part of
the facility, City
ownership is probably
required City
ownership provides
more control than
otherwise.
See attached chart of
location options.
Ongoing operational
costs; avadability of
Federal funds.
C~ty Manager will
develop Request for
Proposals based on
Council guidance and
staff recommendation.
Dennis Wool, Director - Mental Health/Mental Retardaaon/Substance Abuse, advised City ownership
would be preferable if the Detox facility and Shelter were to be combined. The detox facility wouM be a
continuous project, operating 7 days a week, 24 hours a day.
Andrew Friedman advised, based on City Council's gutdance, the City staff will prepare an RFP, which
will be mailed to all interested parties, inclu&ng non-profit organizations, whtch currently operate
shelters. The RFP will stipulate the types of activities to be cortducted, hours of operation, requirements
of the provider and including all requirements of City Councd The cost proposed by the operations will
be a consideration in the final selection.
October 24, 1995
-4-
CITY COUNCIL WORKSHOP
HOMELESS SHELTER
ITEM # 39913 (Continued)
SITE OPTIONS FOR HOMELESS SHELTER
SITE OPTION
Princess Anne Plumbing -
Shelter and Detox together
Princess Anne Plumbing -
Shelter only
London Bridge - Shelter and
Detox together
London Bridge - Shelter only
Judeo-Christian Outreach
Proposal (without Detox)
ADVANTAGES
Close to 2nd Prec#tct for
transport of persons to Detox;
close to Oceanfront jobs and
transportation; close to soup
kitchin, promdes a convement
location to which to direct
homeless persons who may be
at the Library or other areas
of the resort; may provide
operating efficiencies due to
co-location of two facilities,
ease of renovation
Same as above, and will have
higher bed capactty for
Homeless without Detox
center.
Location is' isolated from
neighborhoods' and businesses,
builchng will reqmre less rehab
than Princess Anne, potential
operation efficiencies due to
co-location.
Same advantages as above
except for operating
efficlencles'.
City ts not involved tn site
acquisition, rehab or building
operation.
DISADVANTAGES
May need to be relocated due
to future redevelopment; may
conflict with area business
and residents; co-location of
facilities will reduce total
capacity for Homeless
persons.
No operating efficiencies;
another site for Detox will be
needed.
Will require large ongoing
transportation program or
TRT route for access; will
mcrease police transport time
from Second Precinct for
Detox; Homeless seela'ng
access will need to walk from
Virginia Beach Boulevard on
roads without sidewalks &/or
through neighborhoods; Navy
will have opportunity to
challenge through
environmental assessment
process.
Same as above except for
Detox transport; Shelter may
not need both buildings -
second building may not be
otherwise usable.
Program operator cannot be
chosen through competitive
process, this may not be
allowable under procurement
requirements; tf site ~s owned
by Judeo-Christian Outreach
and operated by them, less
City control of program will
be possible
After approximately two years of effort, an appropriation of $800,000 for the City to fund "capital costs
associated with innovative Homeless activities" was provided by the U.S. Congress in the HUD
Appropriations Act for Federal Fiscal Year 1995. This Funding was specifically sought for the purpose
of addressing the problems of mainly single, Homeless' persons served by the "Winter Shelter Program"
for many years. Therefore, this grant was obtained prtmardy to deal with the single, Homeless at the
Oceanfront. The first use of these funds wouM have to be for this population. After this facility is obtained,
funds might remain and this wouM be a second decision. It is hoped that funds remaming could address
the issue of Homeless families in the community.
October 24, 1995
-5-
CITY COUNCIL WORKSHOP
HOMELESS SHELTER
ITEM # 39913 (Continued)
Debbie Maloney, Volunteers of American, has operated the Winter Shelter Program for many years.
Dr. Wool advised, in their experience, there is no other vendor in the community or anywhere in the
Commonwealth of Virginia that is wilhng to operate a Social Detox program at the rate of reimbursement
under which the City has been operating The Detox facihty ts able to link into other public service
systems and some referrals into private substance abuse programs. The tdea of combining the Detox
facility with the Homeless Shelter is a secondary issue The primary purpose for the utilization of the
funds is to find a resolution for the Homeless populatton. The experience of linking the two programs in
Northern Virginia has proven to be very successful.
Mr. Friedman referenced Fairfax, which has five (5) different facihties serving the Homeless for a total
capacity of over 250 beds at various locations wtthin the county These facthties are all operated by non-
profit agencies, one of which is I/olunteers of America. Mr. Friedman advised Theresa Stanley is in
attendance representing Reverend Fred Guy. Chatrman of the Homeless Advisory Commtttee.
Debbie Maloney referenced the rules and regulations of the Shelter. If the in&vidual is a threat to
themselves or others, they are dismissed. If an in&vidual conststently breaks the rules, the City will
require a period of time out of the facility and then a time back in the facility depending on the
seriousness of the violation. The City has been working with thetr staff in the Winter Shelter Program.
Mr. Friedman advised his department is working through next year's budget and HUD regarding the
Samaritan House problem re sheltering of families.
Theresa Stanley advised there is chronic mental dlness on the streets. The staff cannot guarantee anyone
is going to recover within 24 months. The first priortty shall always be to move individuals to self-
sufficiency.
Councilman Dean had too many issues regardmg the factlity before he could make a decision. The City
staff and Committee shall confer with Counctlman Dean relattve these issues at his convenience.
BY CONSENSUS, the majority of City Council SUPPORTED the recommendation for a Shelter
combined with a Detox facility and the ownership of the land and the building by the City.
October 24, 1995
-6-
AGENDA
REVIEW
5:00 P.M.
SESSION
ITEM # 39914
Councilman Dean and Council Lady Henley requested discussion during the Formal Session:
J. 2. Ordinance to AMEND and REORDAIN Chapter 2, Article VI,
Division 3, of the Code of the City of Virginia Beach, ADDING
new Section 2-232 re penalty and interest on past due
accounts.
ITEM # 39915
Councilman Dean referenced:
J. 3. Ordinance to provide for a franchise by the City of Virgima
Beach to Virginia Power re using and occupying streets,
alleyways and other public places of the City for the purpose
of providing electricity.
Phil Davenport advised the original franchise agreement was for a total of 21,600 feet over 20 years,
which was 1,080 feet per year. Virginia Power has agreed to 1,800 feet (approximately five blocks) per
year, but will not increase the total footage.
ITEM # 39916
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
ORDINANCES
J.1
J. 3
J. 4
Ordinance to AMEND and REORDAIN Section 10-1 of the
Code of the City of Virginia Beach re Election Districts and
Voting Places within the City of Virginia Beach, ADDING new
Colonial and Colonial Baptist Church respectively
(KEMPSVILLE BOROUGH).
Ordinance to provide for a franchise by the City of Virginia
Beach to Virginia Power re using and occupying streets,
alleyways and other public places of the City for the purpose
of providing electricity.
Ordinance to authorize a temporary encroachment into a
portion of the City's variable width impoundment easement to
Eddie Ralph Smith and Margaret D. Smith re constructing
and maintaining a bulkhead at 5885 Glen View Drtve
(KEMPSVILLE BOROUGH).
October 24, 1995
-7-
AGENDA RE VIEW SESSION
ITEM # 39916 (Continued)
J. 5 Ordinances appointing viewers:
a. In the petition of BECO CONSTRUCTION, INC. for the
closure ofa portion of "excess right-of-way" adjacent to Little
Neck Road (LYNNHAVEN BOROUGH).
b. In the petition of R. LEWIS BOGGS for the closure of two
unnamed alleyways (VIRGINIA BEACH BOROUGH)
(1) Intersection of the Northern right-of-way line, 140.15' of
27th Street and the Eastern right-of-way line of Baltic Avenue.
(2) Intersection of the Southern right-of-way hne, 140 17 feet
of 30th Street and the Western right-of-way line of Arctic
Avenue.
J. 6 Ordinance to authorize special tax refunds in the amount of
$528.31.
October 24, 1995
-8-
AGENDA RE VIEW SESSION
ITEM # 39917
Councilman Dean requested discussion relative:
L. 4 Application of MRS. JOHN S. HILL on Albertha's Drive, Ltttle
Neck, for a Variance to Section 4.4 (d) of the Subdivision
Ordinance which requires all lots created by sub&vision have
direct access to a public street (LYNNHAVEN BOROUGH).
The City Clerk referenced the following item and the applicant's request to ALLOW WITHDRAWAL:
1.5
Applications of ROBERT A. JONES on property located on
the South side of Owl's Creek Lane, 783.15 feet East of
Gregory Lane, containing 43,124 square feet (LYNNHAVEN
BOROUGH):
a,
Change of Zoning District Classification from R-10 Residential
District to B-2 Community Business District.
b. Conditional Use Permit for a contractors storage yard.
ITEM # 39918
Council Lady Henley referenced a meeting wtth the applicant and neighbors last week and they have
agreed to additional conditions, a copy of which Council Lady Henley distributed.
L. 6 Application of SHARON LEEPER GOLESH for a Conditional
Use Permit for boarding horses 513 feet West of Dawley Road,
1030 feet more or less North of Gum Bridge Road (3943
Dawley Road), containing 23. 75 acres (PUNGO BOROUGH).
ITEM # 39919
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
L. 1
RECONSIDERATION OF CONDITIONS ONE AND TWO tn
the March 26, 1984, approved Apphcatton of FENNER V.
WOOLARD, JR., JOHN E. GREEN, JR. and JUNE C.
GREEN for a Change of Zoning District Classificattott from
R-6 Residential District to B-2 Community Business District
re property 470 feet East of Kempsville Road, 260 feet South of
Indian River Road for ONTARIO DEVELOPMENT, INC.
(KEMPSVILLE BOROUGH).
October 24, 1995
-9-
AGENDA REVIEW SESSION
ITEM # 39919 (Continued)
L. 2 Ordinance for di$contint4ance, closure and abandonment in the
Petition of LAWRENCE A.. SANCILIO, RACHEL V.
SANCILIO, LENA SANCILIO, MA URICE STEINGOLD,
LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA,
Trustees under the will of Israel Steingold, (LYNNHAVEN
B OR 0 UGH):
a. Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a distance
of 1096 feet more or less to the Northern boundary of the
Virginia Beach-Norfolk Expressway.
b. First Street - Beginning at the Western Boundary of Avenue
E and running in a Westerly direction a distance of 349. 78 feet.
c~lvenue E - Western 25.01 feet, beginning at a point 200 feet
South of First Street and running tn a Southerly direction a
distance of 214.67 feet to the Northern boundary of the Virginia
Beach-Norfolk Expressway.
L. 3
Application of JUAN ANDRES BURGOS for a Variance to
Section 4.4(b) of the Subdivision Orchnance which requires all
lots created by subdivision meet all requirements of the City
Zoning Ordinance at 1336 Holly Point Road (LYNNHAVEN
BOROUGH).
L. 5
Applications of ROBERT A. JONES on property located on
the South side of Owl's Creek Lane, 783.15 feet East of
Gregory Lane, containing 43,124 square feet (LYNNHAVEN
BOROUGH):
a. Change of Zoning District Classification from R-10
Residential District to B-2 Community Business District.
b. Conditional Use Permit for a contractors storage yard.
L. 6
Application of SHARON LEEPER GOLESH for a Conditional
Use Permit for boarding horses 513 feet West of Dawley Road.
1030 feet more or less North of Gum Bridge Road (3943
Dawley Road), contatnmg 23. 75 acres (PUNGO BOROUGH)
L. 7
Application of ST. NICHOLAS GREEK ORTHODOX
CHURCH for a Conditional Use Permit for a church on the
West side of First Colonial Road, 310 feet South of Laskin
Road (621 First Colonial Road), containing 2.39 acres
(L YNNHA VEN BOROUGH).
L. 8
Application of JUDEO-CHRISTIAN OUTREACH CENTER,
INC., for a Conditional U:;e Permit for a group home
(addition) on the South side of Virginia Beach Boulevara[ East
of South Birdneck Road (1053 Virginia Beach Boulevard),
containing 9.6 acres (LYNNHAVEN BOROUGH).
Item L. 1 and 2 will be DEFERRED BY CONSENT.
Item L. 5 will be WITHDRAWN BY CONSENT.
Item L. 6 will be APPROVED WITH ADDITIONAL CONDITIONS BY CONSENT.
October 24, 1995
- 10 -
AGENDA REVIEW SESSION
ITEM # $9950
Councilman Branch advised he will add an item to UNFINISHED BUSINESS regarding Starship Ice,
which is an temporary inflatable ice skating rink. This facility would be on the Mst Street site and revert
back to the parking lot after the Holiday Light extravaganza. There would be no charge to the City of
Virginia Beach.
October 24, 1995
- 11 -
COUNCIL CONCERNS
5:15 P.M.
ITEM # 39931
Mayor Oberndorf referenced letters of concern relattve towing at the Oceanfront This is not an industry
that is visitor or citizen friendly.
ITEM # 39932
Council Lady Henley referenced the Public Hearing re General Assembly Joint Subcommittee H JR 656
(dedicated funding source for transit) at Norfolk State Untverstty on October 25, 1995. Councilman Dean
had referenced this during the Ctty Council Session of October 17, 1995. Counctl Lady Henley was
concerned the City had chosen not to participate and hoped they wouM reconsider
ITEM # 39933
Councilman Dean referenced the Urban Panners'hip issue.
The City Manager will provide a synopsis of thts report and SCHEDULE a Briefing for the City Council
Session of November 14, 1995, as well as a DRAFT of the Legislative Package.
Mayor Oberndorf believed one of the best analysis was the article in The Richmond Times Dispatch.
October 24, 1995
- 12 -
ITEM # 39934
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Conference Room, City Hall Butldtng, on Tuesday, October 24, 1995, at 5:30 P.M.
Council Members Present:
John A. Baum, Robert K. Dean, Wtlham W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy IC Parker and Louisa M Strayhorn
Council Members Absent:
Linwood O. Branch, III and Vtce Mayor William D Sessoms, Jr
October 24, 1995
- 13 -
ITEM # 39935
Vice Mayor William D. Sessorns, Jr., entertained a motion to permtt City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virginia, as amended, for the following
purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, asstgnment, appotntment,
promotion, performance, demotion, salaries; dtsctphnmg, or restgnatton
of specific public officers, appo#~tees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments: Boards and Commtsstons
Hampton Roads Air Pollution District Commission
Historical Review Board
Southeastern Virgmta Areaw~de Model Program
Transportation Safety Commtss~on
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters' requesting the provision of legal
advice by counsel pursuant to Section 2 1-344(A)(7).
To- Wit:
Disposttion of Pubhc Property
Acqutsition of Property for Pubhc Purpose - Homeless Shelter
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, Ctty Counctl voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John ,4. Baurn, Robert I~ Dean, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louts R Jones, Mayor Meyera E.
Oberndorf,, Nancy K. Parker and Loutsa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Linwood O. Branch, III and Vice Mayor Wilham D. Sessoms, Jr
October 24, 1995
- 14 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 24, 1995
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORM_AL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 24, 1995, at 6:00 P.M.
Council Members Present.
John A. Baum, Ltnwood 0 Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., HaroM Heischober, Barbara M. ttenley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy IC Parker and Louisa M Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
[A TI'ENDING BANK MEETING
IN RICHMOND]
INVOCATION:
Reverend Gerald Qualls
Glad Tidings Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 24, 1995
- 15 -
Item VI-E.
CERTIFICATION OF
EXECUTiT~ SESSION
ITEM # 39936
Upon motion by Council Ixtdy Strayhorn, seconded by Council Lady Parker, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or constdered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
- 16 -
Item VI-F. 1.
MINUTES
ITEM # 3993 7
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, Ctty Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 17, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Ltnwood 0 Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy ~ Parker, and Loutsa M Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
Vice Mayor Wdliam D. Sessoms, Jr.
October 24, 1995
- 17-
Item VI-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39938
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 24, 1995
- 18 -
Item VI-H. 1.
PRESENTATION
ITEM # 39959
ADD -ON
Mayor Oberndorf introduced the .following Boy Scouts in attendance to earn their badges in
communication and citizenship:
Troop 587
Mark Schreiber
Scout Master
Bobby Malitte
Communications Badge Counselor
Virginia Beach Christian Church
Sponsor
Troop 407
Bow Creek Presbyterian Church
Sponsor
October 24, 1995
- 19 -
Item WI-H.2.
PRESENTATION
ITEM # 39940
ADD-ON
Mayor Oberndorf introduced:
Suzanne Fahling
Miss Tourism Worm 1995
Mildred Quiroz
Miss Dominican Republic
Suzanne Fahling is attending Virgtnia Wesleyan College wtth a major concentration in Internattonal
Relations and has participated in extra-curricular acttvttws mvolvtng ban&capped youth. For the past
8 years, she had dedicated her spare time to the Chesapeake btfant Intervention Program, where she
volunteers in caring for and raising funds for mentally retarded chtMren
Mayor Oberndorf presented Suzanne and Mildred tokens of apprectation from Virginia Beach.
October 24, 1995
- 20 -
Item l,q-Ll.
PUBLIC HEARING
ITEM # 39941
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
RESIDENCE BOUNDARY MODIFICATION RE COUNCILMANIC ELECTIONS
The following registered to speak'
Maury Jackson, represented the Council of Civtc Organizations and presented Plan "B", designed by the
Council of Civic Organizations of Virginia Beach A similar Plan had ortgmally been presented on
September 21, 1991, and again April 20, 1993. Satd plan ts hereby made a part of the record.
John T. AtMnson, City Treasurer - City of Virgtma Beach, presented his Plan '5'1", Said plan is hereby
made a part of the record.
Lou Pace, Hunt Club Forest, representing himself, preferred nme equal chstrtcts with Mayor and Vice
Mayor elected by the entire City.
E. George Minns, President - NAACP, advised they will not OPPOSE equalization of the Boroughs, but
has concerns relative the drawing of the lines
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
October 24, 1995
- 21 -
Item VI-LZ
PUBLIC HEARING
ITEM # 39942
Mayor Meyera E. Oberndorf DECLARED ,4 PUBLIC HEARING:
PRECINCT CHANGE - ELECTION DISTRICT AND VOTING PLACE
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
October 24, 1995
- 22 -
Item VI-J.
CONSENT AGENDA
ITEM # $9945
ORDINANCES
Upon motion by Council Lady Henley, seconded by Councd Lady Parker, City Council APPROVED in
one motion Items, 1, 3, 4, 5 a.b. and 6 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert lC Dean. William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy lc Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
Councilman Harrison ABSTAINED on Item V-J. 5b. as he provides legal services for R Lewis Boggs
October 24, 1995
Item VI-J. 1.
CONSENT AGENDA
ITEM # 39944
ORDINANCES
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the
City of Virginia Beach re Election Districts and Voting Places within the
City of Virginia Beach, ADDING new Colonial and Colonial Baptist
Church respectively (KEMPSVILLE BOROUGH).
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-
1 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO ELECTION DISTRICTS AND
VOTING PLACES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Sec. 10-1. Establishment of election districts and voting places.
There are hereby established in the city the following
election districts and their respective voting places, as set forth
below:
Election District
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Courthouse
Creeds
Culver
Davis Corner
Fairfield
Forest
Voting Place
Alanton Elementary School
Bayside Middle School Grade 6
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Indian Lakes Elementary School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Bettie F. Williams Elementary
School
Fairfield Elementary School
Kings Grant Elementary School
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Glenwood
Great Neck
Green Run
Holland
Homestead
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Meadows
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Salem
Seatack
Shannon
Sherry Park
Sigma
Glenwood Elementary School
Francis Asbury United Methodist
Church
Green Run Elementary School
Holland Elementary School
Providence Presbyterian Church
St. Nicholas Catholic Church
Kingston Elementary School
Shelton Park Elementary School
Landstown Community Church
St. Andrews United Methodist Church
The Evangelical Lutheran Church of
the Good Shepherd
St. Aidan's Episcopal Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Pembroke Meadows Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist
Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Point O'View Elementary School
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem Baptist Church
Seatack Elementary School
Church of the Ascension
St. Matthews Catholic Church
Tabernacle United Methodist Church
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South Beach
Stratford Chase
Thalia
Thoroughgood
Timberlake
Trantwood
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Election
District
Virginia Beach Center for the Arts
Providence Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Eastern Shore Chapel
Avalon Church of Christ
Agriculture/Voter Registrar
Building
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This change will become effective following its approval
by the U. S. Department of Justice pursuant to the Voting Rights
Act of 1965, as amended.
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this
Adopted by the City Council of the City of Virginia Beach on
24 day of 0ctober 1995.
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CA-6094
DATA/ORDIN/NONCODE/10-1.PRO
DATE PREPARED: 09/28/95
R-1
APPROVED AS TO CONTENT
V~t~6r Reg'st]~r' t~
APPROVED AS TO LEGAL
SUFFICIENCY
· ,~epartment of Law
- 24 -
Item VI-J. 2.
ORDINANCES
ITEM # 39945
John T..gtkinson, Treasurer, responded to City Councd tnquiries
Upon motion by Councilman Harrison, seconded by Counctlman Hetschober, City Council ADOPTED:
Ordinance to AMEND and REORDA1N Chapter 2, Article VI, Division
3, of the Code of the City of Virginia Beach, ADDING new Section 2-
232 re penalty and interest on past due accounts.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Robert K. Dean, Wtlham W Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Nancy K~ Parker and
Louisa M. Strayhorn
Council Members Voting Nay.
Mayor Meyera E. Oberndorf
Council Members Absent:
Ltnwood O. Branch, III and Vice Mayor Wtlham D Sessoms, Jr
October 24, 1995
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AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2,
ARTICLE VI, DIVISION 3, OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A
NEW SECTION 2-232 PERTAINING TO PENALTY AND
INTEREST ON PAST DUE ACCOUNTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 2, Article VI, Division 3, Section 2-232 of the
Code of the City of Virginia Beach, Virginia, is hereby amended and
reordained to read as follows:
Sec. 2-232. Penalty an4 interest on past 4ue accounts.
(a) Pursuant to section 15.1-37.3:6 of the Code of Virginia,
as amended, any person who fails to pay the city treasurer the
amount due on any city account on or before its due date shall
incur a penalty thereon of ten percent (10%) of the amount due or
ten dollars ($10.00), whichever is greater, which shall be added to
the amount of the account due from such person; provided, however,
that in no case shall the penalty exceed the amount of the account
that is past due. No penalty shall be imposed for failure to pay
any account if such failure was not in any way the fault of the
debtor.
(b) Interest at a rate of nine and six-tenths (9.6) percent
per annum ~rom the first day following the day such account is due
may be col%e~ted upo~ the principal and p~palty of all such
accounts,
(c) For purposes of this section, the "due date" of a city
account shall mean the last day of the month immediately following
the month in which the city's initial bill is mailed.
(d) This section shall not be applicable to taxes, or to any
account the late payment of which is subject to penalty and
interest pursuant to other provisions of the law.
Adopted by the City Council of the City of Virginia Beach on
this 24 day of October 1995.
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CA-6022
DATA/ORDIN/PROPOSED/02-232. ORD
10/18/95
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c,ll ii'r~iu'~7~ "
APPROVED AS TO LEGAL
~epartrnent of Law
- 25 -
Item VI-J. 3.
CONSENT AGENDA
ITEM # 39808
ORDINANCES
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to provide for a franchise by the City of Virginia Beach to
Virginia Power re using and occupying streets, alleyways and other
public places of the City for the purpose of provtdtng electricity.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John ./1. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
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AN ORDINANCE TO PROVIDE FOR THE GRANT OF A
FRANCHISE BY THE CITY OF VIRGINIA BEACH TO USE
AND OCCUPY THE STREETS, ALLEYS AND OTHER
PUBLIC PLACES OF THE CITY FOR THE PURPOSE OF
PROVIDING ELECTRICITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
ARTICLE I. That there shall be granted in the mode prescribed
by law for franchise grants and upon the conditions hereinafter
specified, the rights and privileges in, over, along, on and under
the streets, alleys and public places of the City of Virginia Beach
embodied in the following draft of an ordinance:
AN ORDINANCE TO GRANT TO VIRGINIA ,
ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO
USE AND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC
PLACES OF THE CITY OF VIRGINIA BEACH FOR THE PURPOSE OF
SUPPLYING, DISTRIBUTING, TRANSMITTING AND SELLING
ELECTRIC CURRENT FOR LIGHT, HEAT AND POWER, AND THE RIGHT
AND PRIVILEGE TO CONSTRUCT, MAINTAIN AND OPERATE POLES,
WIRES, CABLES, CONDUITS AND OTHER FACILITIES FOR THE
AFORESAID PURPOSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
1. GRANT.
(a) There is hereby granted to
(hereinafter referred to as Grantee), its successors
and assigns, for the term and subject to the conditions and
limitations hereinafter stated, , alleys and
public places of the City of Virc. ~l ~-~/7/~- ~ter referred
to as the City), and to acquire, . ~ /~'~ ~ain and use,
and if now constructed, to mainta . ~wers, wires,
cables, conduits, ductways, manh6Ie-S-, l~[~rol-~z and appliances
(hereinafter referred to as facilities), in, over, along, on and
under the streets, alleys and public places of the City, for the
purpose of distributing, transmitting and selling electric current
for light, heat and power at any points within the territorial
limits of the City as the same now exist or may hereafter be
extended or altered; provided that such right to sell electric
current for light, heat and power shall extend only to such areas
of the City as are now or may hereafter be allotted to Grantee for
service by authority of a certificate of public convenience and
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necessity issued by the State Corporation Commission in accordance
with law. This grant shall be subject to all applicable federal,
state and local laws, ordinances, rules and regulations.
2. TERM.
The term of the franchise granted by this Ordinance shall
be twenty (20) years, commencing on the date on which the City
Council adopts and approves this Ordinance. To the extent allowed
by law, the Grantee will have an exclusive right to provide the
electric requirements to the City and within the City during the
term of the franchise. The City shall not become, or attempt to
become, directly or indirectly, a provider or supplier of
electricity to itself or to another person or entity during the
term of this Ordinance.
3. LOCATION AND CONSTRUCTION OF FACILITIES.
(a) All facilities hereafter constructed or installed by
Grantee shall be located so as to cause as little interference with
the public use of the streets, alleys and other public ways and
places as is reasonably possible, and all such facilities shall be
maintained in good repair and condition. Facilities located on,
over, under or within the property of the City or private property
shall be constructed, installed and maintained in accordance with
all City ordinances and requirements. Grantee shall avoid
unnecessary damage to trees and shrubbery in and along the streets,
alleys and public places of the City and shall not cut or otherwise
injure such trees and shrubbery to any greater extent than is
reasonably necessary in the construction, maintenance and operation
of its facilities.
(b) In the event the construction, installation, repair
or maintenance of any of the facilities of Grantee necessitates the
removal of trees or other vegetation, such trees and vegetation
shall be replaced to the extent possible promptly upon the
conclusion of the work performed.
(c) Grantee shall not erect, install, move, alter,
repair or relocate any of its facilities in or from any public
street, alley or other public place or dig, cut or otherwise
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disturb the surface of any public street, alley or other public
place, unless a permit authorizing such activity has been obtained
in accordance with applicable provisions of the City Code. The
director of public works or his designee may, in addition to any
other requirement of law or provision of this Ordinance, impose
such additional conditions, requirements or restrictions as will
prevent or minimize interference with or obstruction of the
streets, alleys and other public places, ensure the prompt and
complete restoration of streets and other property damaged,
disturbed or altered by work performed by or on behalf of Grantee,
or otherwise preserve, protect and promote the public health,
safety and welfare.
(d) The director may allow emergency work which is
necessary to ensure the public health, safety or welfare to be
performed prior to the issuance of a permit. In such cases,
Grantee shall provide advance notice to the City, except if the
provision of such notice is not reasonably possible, and in any
case as soon as practicable.
4. RELOCATION OF FACILITIES
Whenever the City shall determine that it is necessary
that any facilities of Grantee originally installed in, over, on
and under any public rights-of-way of any street, alley or public
place of the City should be relocated or removed in connection with
repair, relocation or improvement of said street, alley or public
place, then Grantee shall, within a reasonable time after being
requested in writing to do so, remove or relocate same, using like
construction, at such place as shall be mutually agreeable with the
City and Grantee. Grantee shall bear all costs of removal and
relocation provided the City will obtain or cause to be obtained,
without charge to the Grantee, suitable permits as may be required
by the Grantee for its relocated facilities. If Grantee does not
commence and complete removal or relocation within a reasonable
time, the City may, after giving at least ninety (90) days written
notice to Grantee, take such actions at Grantee's expense as are
necessary to effect such removal and relocation.
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5. USE OF GRANTEE'S FACILITIES
OVERHEAD: Grantee shall, upon request of the City, permit
its poles and other overhead structures to be used without
compensation by the City for the purpose of placing thereon any
traffic lighting, alarm, telephone wires, microwave transmission
systems or other devices which may be necessary or useful for the
provision of police, fire protection and traffic services by the
City; provided that such use by the City shall not interfere with
the proper use of such poles and overhead structures by Grantee and
that the location and character of such City facilities shall be
subject to the approval of Grantee, which approval shall not be
unreasonably withheld; and provided further, that to the extent
permitted by law, the City shall indemnify and save harmless
Grantee from any and all loss, damage, cost or expense to Grantee,
or which may be incurred by Grantee, or to which Grantee may be
subjected by reason of, or as a result of, the use of such poles
and other overhead structures by the City as provided in this
section.
UNDERGROUND: Grantee shall, upon request of the City,
permit its underground conduits and manholes to be used without
compensation by the city for the purpose of placing therein any
facilities which may be necessary or useful for the provision of
police, fire protection and traffic services by the City; provided
that such use by the City shall not interfere with the proper use
of such underground facilities by Grantee and that the location and
character of such City facilities shall be subject to the approval
of Grantee, which approval shall not be unreasonably withheld; and
provided further, that to the extent permitted by law, the City
shall indemnify and save harmless Grantee from any and all loss,
damage, cost or expense to Grantee, or which may be incurred by
Grantee, or to which Grantee may be subjected by reason of, or as
a result of, the use of such underground facilities by the City as
provided in this section.
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6. INDEMNIFICATION.
Grantee agrees to indemnify, defend and hold the City
harmless from and against all claims, demands, injuries, liability
or damage of whatsoever kind on account of, or arising from, the
grant of this Ordinance, the exercise by Grantee of the rights and
privileges granted by this Ordinance, or from the construction,
operation, improvement, relocation or repair of Grantee's
facilities, and in the event that a suit shall be brought against
the City, either independently or jointly with Grantee on account
thereof, Grantee, upon written notice from the City, shall defend
the City in any such suit at the cost of Grantee and, in the event
of a final judgment being obtained against the City, either
independently or jointly with Grantee, Grantee shall pay such
judgment, with all costs, and shall hold the City harmless
therefrom; but nothing set forth herein shall be construed to
render Grantee liable for the negligence of the City, its officers,
agents or employees, or of any other person or corporation.
7. SERVICE.
The rights and privileges herein set forth are granted
and conferred upon Grantee upon the express condition and
understanding that Grantee shall, at all times during the term of
the Franchise, furnish electric current, within the corporate
limits of the City, to the inhabitants, commercial and residential,
of the City. Such service shall be furnished at the rates, and in
accordance with the terms, conditions and standards, approved by
the State Corporation Commission or any other regulatory body
having jurisdiction. Grantee shall maintain its facilities in good
order throughout the term of this Ordinance.
8. FORFEITURE, TERMINATION AND ENFORCEMENT.
(a) In the event Grantee fails to perform its
obligations under Section 7 herein, and such failure is not the
result of circumstances beyond the control of Grantee, and with
respect to which no other remedy is provided for in the Franchise,
the City Council may hold a public hearing no less than thirty (30)
days after the giving of written notice to Grantee. If the City
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Council determines that such failure is of a continuing and
material nature, the City Clerk shall give written notice of such
determination to Grantee. Grantee shall thereafter have six (6)
months' time in which to remedy the conditions which were the
subject of the determination. In the event of Grantee's failure to
remedy such conditions, the City, acting through the City Council,
may declare this Ordinance terminated, and Grantee shall have no
further rights, privileges or authority hereunder; provided,
however, that such declaration of forfeiture shall be subject to
judicial review as provided by law, and provided further, that in
the event such failure cannot, despite the exercise of due
diligence, be remedied within a period of six (6) months, as
hereinabove provided, the City shall allow such additional period
of time as may be reasonably necessary for the remedying of such
failure.
(b) In addition to the remedy hereinabove provided, or
in lieu thereof, at the election of the City, the provisions of
this Ordinance may be enforced by mandamus, action at law, suit in
equity or any other lawful proceeding.
9. DAMAGE TO FACILITIES OF GRANTEE, ETC.
Should any person intentionally destroy or damage any of
the facilities of Grantee within the City or tamper with any
metering device incident to Grantee's facilities or otherwise
intentionally prevent such metering device from properly
registering, or illegally divert electric service so that it does
not pass through the metering device, the City shall cooperate in
any criminal prosecution or other legal action against such
individual; provided, however, that Grantee understands and
acknowledges that the City Attorney has no authority to prosecute
violations of the Virginia Code, and nothing in this Section shall
be construed to require such action.
10. PLANNING.
The City and Grantee agree to coordinate their activities
in those areas in which such coordination may prove beneficial.
Notwithstanding the foregoing, each party shall retain absolute
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discretion and control concerning the timing and other aspects of
its projects, it being the intent of this provision that the
parties take reasonable measure to inform the other of their
respective plans and exercise good faith in cooperating with each
other to the end that the reasonable expectations and benefits
accruing to each of the parties pursuant to this Ordinance not be
frustrated or diminished by inadequate communication.
11. ENVIRONMENTAL/AESTHETIC.
(a) Any construction, extension or relocation of
Grantee's facilities shall reasonably minimize adverse impacts on
the environment and shall be designed and located in such manner as
to minimize adverse aesthetic impacts.
(b) Grantee shall strictly comply with all requirements
of law pertaining to the generation of electromagnetic fields,
including regulations pertaining to the size, location and other
characteristics of facilities generating electromagnetic radiation,
promulgated by any regulatory authority having jurisdiction to
promulgate such regulations.
12. ENERGY EFFICIENCY.
The City and Grantee shall cooperate fully in developing
and implementing programs designed to promote the efficient and
economical use of electricity, including, without limitation,
programs providing financial incentives for the acquisition of
energy-efficient fixtures and other devices.
13. WAIVER.
Neither party shall be excused from complying with any of
the provisions of this Ordinance by reason of any failure or
omission of the other, or any of its officers, employees or agents,
upon any one or more occasions, to insist upon or seek compliance
with any of the provisions of this Ordinance.
14. CONTINUATION OF SERVICE.
In the event this Ordinance is not renewed at the
expiration of its term, or Grantee or the City terminates this
Ordinance for any reason whatsoever, and the City has not purchased
or otherwise acquired the facilities of Grantee, granted a new
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franchise, or otherwise provided for alternative electric service,
Grantee shall not remove any of its facilities, and will continue
to perform all of its obligations under this Ordinance, pending the
resolution of the disposition of the system operated by Grantee
within the City. Grantee shall not withhold or materially reduce
the services provided for in this Ordinance until such time as the
City notifies Grantee, in writing, of the resolution of the
disposition of such system.
15. SEVERABILITY.
The provisions of this Ordinance shall be severable, and
if any one or more of its provisions are adjudicated or declared to
be void or unenforceable by a court of competent jurisdiction or by
any regulatory agency having jurisdiction, the remaining provisions
of this Ordinance not affected by such adjudication or declaration
shall remain in full force and effect and their validity shall
remain unimpaired.
16. UNDERGROUNDING
(a) If the City at its expense, constructs and installs
to the Grantee's specifications the conduits, ductways, manholes,
handholes and appliances necessary to facilitate the undergrounding
of the Grantee's existing overhead facilities, the Grantee shall,
as long as the Grantee remains the exclusive provider of
electricity within the City, at its sole expense relocate such
portions of its existing overhead facilities underground. The City
will obtain or cause to be obtained, without charge to the Grantee,
suitable public or private easements as may be required by the
Grantee for its relocated facilities. The extent of undergrounding
that shall be required of the Grantee annually shall not exceed
1,800 feet and during the 20 year term of this Ordinance shall not
exceed 21,600 feet.
(b) Section 16a shall apply to the resort area bounded
by the following:
· Laskin Road from Birdneck Road to Pacific Avenue
· Pacific Avenue from Laskin Road to Rudee Inlet
· General Booth Blvd. from Rudee Inlet to Birdneck Road
· Birdneck Road from General Booth Blvd. to Laskin Road
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In addition, Section 16a shall apply to the resort area corridors
listed below:
· Atlantic Avenue from 41st Street to 89th Street
· Pacific Avenue from Laskin Road to 45th Street
· Shore Drive from Lynnhaven Inlet to
Fort Story Reservation
· The Resort Area of Sandbridge
· Economic Development Projects within City limits
(c) Any undergrounding in excess of that required of the
Grantee will be at the City's expense.
(d) In the event this Ordinance is terminated for any
reason, other than as a result of the material breach by the
Grantee of its provisions, which breach is not timely cured, or in
the event that notwithstanding this Ordinance the City becomes,
directly or indirectly, a provider or supplier of electricity to
itself or to another person or entity, the City shall pay to the
Grantee, in addition to any other damages that the Grantee may be
entitled pursuant to law, the then-current fair market value of the
facilities relocated underground pursuant to Section 16b.
17. OPERATING AGREEMENT
The Grantee and the City shall enter into an operating
agreement that shall set forth guidelines for recurrent
interactions.
18. ACCEPTANCE
This Ordinance and the rights and privileges hereby
granted and conferred shall not become effective unless and until
the said Grantee shall file with the Clerk of the City its written
acceptance thereof, in form satisfactory to the City, and shall
enter into a bond in the sum of Ten Thousand Dollars ($10,000),
with surety satisfactory to the City Attorney, conditioned to the
effect that the Grantee will construct and maintain, or if
constructed, will maintain, the facilities provided for herein and
reasonably necessary for the exercise of the rights and privileges
granted in and by this ordinance, and will maintain the same in
good order throughout the term of this grant, and will comply with
the terms, provisions and conditions of this Ordinance in all
respects.
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19. ORDINANCES
The rights and privileges granted herein to use the
public property are expressly subject to the conditions,
limitations and provisions contained in the general ordinances of
the City of Virginia Beach, in force, or that may be hereafter
passed by the City, relative to the use of the streets, alleys and
public places of said City so far as they may be applicable to the
rights and privileges herein granted, provided such ordinances that
may be passed will not place unreasonable or impractical burden
upon the Grantee.
ARTICLE II. That upon the approval of this Ordinance by the
City Council it shall be the duty of the City Clerk to cause to be
advertised once per week for four successive weeks, in some
newspaper of general circulation of the City, a descriptive notice
of the proposed ordinance, and in addition the Clerk shall, by such
advertisement, invite bids for the privileges and rights proposed
to be granted by said ordinance, which bids shall be in writing and
shall be delivered to the mayor or, in the absence of the Mayor,
the Vice-Mayor, in open session at the day and hour of the next
regular meeting of the said body to be held next after such
advertisement is completed, which bids shall then be presented to
the City Council by the Mayor, or in the absence of the Mayor, the
Vice-Mayor, to be dealt with and acted upon in the manner
prescribed by law for franchise grants. Said advertisement shall
expressly reserve the right to reject any and all bids, and the
successful bidder shall be required to pay all costs of advertising
this Ordinance in addition to the sum bid by it.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of October, 1995.
CA-95-6107
\Wmordres \ vepco 1. orn
October 13, 1995
R-1
10
- 26 -
Item Vl-J. 4.
CONSENT AGENDA
ITEM # 39946
ORDINANCES
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
City's variable width impoundment easement to Eddie Ralph Smith and
Margaret D. Smith re constructing and maintatntng a bulkhead at 5885
Glen View Drive (KEMPSVILLE BOROUGH).
The following conditions shall be required:
1,
The temporary encroachment shall terminate upon notice by the
City of Virginia Beach to Eddie Ralph Smith and Margaret D.
Smith, their heirs, assigns and successors in title and that
within thirty (30) days after such notice is given, said
encroachment shall be removed from the Ctty's impoundment
easement and that Eddie Ralph and Margaret D Smith, their
heirs, assigns and successors in tttle shall bear all costs and
expenses of such removal.
2.
Eddie Ralph and Margaret D. Smtth, thetr hetrs, assigns and
successors in title shall indemmfy and hold harmless the Ctty
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 locatton or existence of such
encroachment.
3. The party of the second part agrees to maintain said
encroachment so as not to become unsightly or a hazard.
Ordinance shall not be in effect until such time that Eddie Ralph and Margaret D.
Smith execute an agreement with the City of Virginia Beach encompassing the
aforementioned provisions.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John/1. Baurn, Linwood O. Branch, III. Robert K~ Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy ~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CITY'S VARIABLE WIDTH
IMPOUNDMENT EASEMENT TO
EDDIE RALPH SMITH AND
MARGARET D. SMITH, THEIR
HEIRS, 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,
Eddie R. Smith and Margaret D. Smith, their heirs, assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into the City's impoundment easement at the
rear of 5885 Glen View Drive.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining a bulkhead 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 impoundment
easement located at the rear of 5885
Glen View Drive, on the certain plat
entitled: " PROPOSED BULKHEAD IN:
Canal AT; 5885 Glenview Drive CITY
OF VIRGINIA BEACH STATE OF VIRGINIA
APPLICATION BY: Mr. Eddie Smith," a
copy of which is on file in the
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 Eddie Ralph Smith and Margaret D. Smith, their 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's impoundment easement and that Eddie Ralph and Margaret
D. Smith, their heirs, assigns and successors in title shall bear
all costs and expenses of such removal.
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AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Eddie Ralph and Margaret D. Smith, their heirs,
assigns and successors in title shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Eddie Ralph and Margaret D. Smith
execute an agreement with the City of Virginia Beach encompassing
the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of October , 19 95 .
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09-29-95
CBC/tga
F: \.. \CAHOON~SMITH. ORD
!: ~,J~ROVEi:) A,,S T_O..CONTENT
' ' ,
' I)BPART,~ENT
APPROVED AS TO
LEGAL SUFFICIENCY
THIS AGREEMENT, made this ~ ~ day of
19 ~__~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
EDDIE RALPH SMITH and MARGARET D. SMITH, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the
second part (even though more than one).
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead,
it is necessary that the said party of the second part encroach
a portion of an existing variable width City impoundment
into
easement; and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such bulkhead within a portion of the City's variable
width impoundment easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's variable width
impoundment easement for the purpose of constructing and
GPIN 1454-87-1506
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's variable width impoundment
easement as shown on those certain five (5)
plats entitled: "PROPOSED BULKHEAD IN:
CANAL AT: 5885 GLENVIEW DRIVE CITY OF
VIRGINIA BEACH STATE OF VIRGINIA APPLICATION
BY: MR. EDDIE SMITH," a copies of which are
attached hereto and made a part hereof to
which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's variable width impoundment easement by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's variable width impoundment easement.
It is further expressly understood and agreed that
prior to issuance of a permit, the party of the second part must
post a Performance Bond and show proof of public liability
insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
easement encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
party of the second part; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City
shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, EDDIE RALPH SMITH and MARGARET D.
SMITH, the said party of the second part have caused this
Agreement to be executed by his signature and seal duly affixed.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
( SEAL )
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
.~/~.fOVED AS TO CONTENT
-~---
DEPARTMENT
APPROVED A.~",3
~,-"',' :',Ur' FICI£~'''' '~
MA~GARET D. SMITH
LANDFILL
NO2
~ ' ,':-~,.~
ALDEN ~ .
SQUARE _ .;
~EA~E
PURPOSE EROSION CONTROL
DATUM OHW
ADJACENT PROPERTY OWNERS
DATE 8 November 1994
I II
·
' ?
Pleasant O~ovl
Bapl,
CORNER
RIGADOOi
!
ES ,.
I
II - ~ M(LOOY CT-~
'" "~ '~PLANTATION
LAKES ,
- --...,...
~RLESTOWN I
AKES '
CHARLESTOWN
LAKES SOUTH
I
QUAY
'~, 0R
OUT( ABRidGE OU&f
~'u(- z:
-
%~ /'/~/~ -'-::~"
LQOATION PLAN
PROPOSED BULKHEAD
,~ Canal
AT 5885 Glenvlew Drfve
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPUCATION BY Mr. Eddie Smith
SHEET 1 OF 5
i
i i i
CANAL
Two Story Frame
Ne 5885
$ 44 44 aI'E 5000'
I
I
!
I
!
10' Return Well
(Typical)
~-- I0' Draie Eaaement
~-- 5' Malnt. Eaaemeet
Scale I'.30
I I I I Il I
PURPOSE. EROSION CONTROL
O^TUU OHW
ADJACENT PROPERTY OWNERS.
1. G. Katzmann
2. J Herman
November 1994
Glen View Drive
,.,.t,"-* ' , - fl. --."
SITE PLAN
i i i
RECEIVED
NO TES.
(I) THIS DRAWING MA Y ONLY BE USED
FOR THE EXCLUSIVE PURPOSE OF
OBTAINING PERMITS FOR THE
CONSTRUCTION WORK SHOWN
(2)NO TREES WfLL BE REMOVED DURING
THE COURSE OF THIS PROJECT. ALL
VE(~ETA TION DISTURBED SHALL BE
RESTORED IA W THE SEQUENCE OF
EVENTS ON SHEET 5 OF S
PROPOSED BULKHEAD
a= Canal
^T;5885 Glenview Drive
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPLICATION BY' Mr. Eddie Smith
SHEET 2 OF 5
10' Maximum
NOTE Afl timber CCA treated at 25 PCF
except topcap which Is treated at 04 PCF
Existing Grade
Proposed Grade
t
30" MIN
Ga/van/zed
Nut & Washer
(Typical)
5/8'X15' Tie Rods
(~' OC)
BULKHEAD
G, anuler Fill
From Upland Source
Filter Fabric
8" diem x 8' Deadmen
(s' oc)
2'XlO'XS' T&G
Sheet Piles
(rain 50~ penetration)
SEC T/ON
SCALE $/8°- 1'0'
J
--i
Silt Fence to be maintained
Until a Vegtahve Cover
I$ Established
2'X8' Top Cap
4'X6' Wale, (typical)
T O B +4'+/.
1.1/4' Weep Holes
(ZO' O.C )
OHW O'
Mudilne
Piles,
(mtn 50~ penetration)
PURPOSE EROSION CONTROL
DATUM OHW
ADJACENT PROPERTY OWNERS
1. G. Katzmann
2. J. Herman
OATE 8 November 1994
i i i
i i i i i
·
_ ,,
,.,...,.,. , ::'-' .... ,,.,: ,,
~ [I. E:.~L, ",g,-.
·
DETAILS
ii i ! ii
PROPOSED BULKHEAD
~,. Canal
AT 5885 Glenview Drive
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPLICATION BY Mr. Eddie Smith
SHEET 3 OF 5
ii i
Slzeff & Spaced
As Bulkheed Plies
I 1112".~ /
~tur~ Wag ten~th A~ Shown
RETURN
SCALE 3/8' ,,, f'O'
WALL
,i, ,
PURPOSE EROSION CONTROL
D^TUU OHW
ADJACENT PROPERTY OWNERS.
1. G. Katzmann
2 J. Herman
OATE 8 November 1994
ii i
~ No, 17803
RE~URN WALL
ii i
PROPOSED BULKHEAD
~.: Canal
AT 5885 Glenview Drive
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPLICATION BY Mr. Eddie SmIth
SHEET 4 OF 5
Sequence of Events
1
2.
3.
4
5
6
7.
8
g.
Remove existing broken concrete riprap from edge of bank and stockpde onsite.
Dr]ve 8" OD piles and attach wales
Drive sheet piling using wales as a guide.
Install filter fabric.
Install t~e rods and anchorage system.
Erect temporary silt fence.
Place and compact backfill. Place and compact fill adjacent to anchorage pr]or to backfilhng
behind sheet pde wall
Place concrete hi?rap along toe of bulkhead
Grade, seed, fertilize, and mulch all d~sturbed areas.
Notes
1 All d~stances measured to inside face of sheet pdes.
2. Maximum allowable opening at joint is 1/4". If w~der joints appear after the sheets have been
spiked to wale, cover the joint wrth treated timber lath.
3. All sheets shall be placed plumb and not mchned w~thm the plane of the wall
Materials
· Pries
· Wales'
· Sheeting
· Cap.
· Deadmen
· All Hardware'
8" ODxLength As Noted; 2 5 pcf CCA treatment
4"x6", 2 5 pcf CCA treatment
2"xl0"xLength As Noted, Tongue & Groove; 2 5 pcf CCA treatment
2"x8", 0.4 pcf CCA treatment
8" ODxLength As Noted; 2 5 pcf CCA treatment
Hot D~pped Gafvamzed (ASTM A-153)
PURPOSE.
Tie Down Points
i
EROSION CONTROL
DATU~ OHW
ADJACENT PROPERTY OWNERS:
1. G. Katzmann
2. J. Herman
DATE 8 November 1994
i i i
J
..~'..,'~ .
GENERAL NOTES
· i
i
PROPOSED BULKHEAD
a: Canal
At 5885 Glenview Drive
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA
APPLICATION BY
Mr. Eddie Smith
SHEET 5 OF 5
· ii ii m
- 27 -
Item VI-J. Sa.
CONSENT AGENDA
ITEM # 39947
ORDINANCES
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Petition of BECO CONSTRUCTION, INC. for the closure of a portion
of "excess right-of-way" adjacent to Little Neck Road (LYNNHAVEN
BOROUGH).
The ~,~ewers are;
David M. Grochmal
Director of General Services
Robert J. Scott
Director of Planning
Ralph A. Smith
Director of Pubhc Works
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
October 24, 1995
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
ORDINA_N~E APPOINTING
WHEREAS, BECO CONSTRUCTION, INC. has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 24th day of October,
1995, 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 portion of that certain street 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,
Ralph A. Smith
David M. Grochmal
and
Robert J. Scott
are
hereby appointed to view the below described property and
report in writing to the Council on or before October 24, 1995,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
SEE ATTACHED EXHIBIT
Ail of the above as shown upon that certain plat
entitled, "Excess Right-of-Way adjacent to Little Neck Road To
be Closed For Beco Construction", which plat is attached hereto
and made a part hereof and intended to be recorded with the
Ordinance closing the afore-described street.
5261i
- 1 -
'KES, CARNES, BOURDON
& AHERN, P C
AT'I'ORNEYS AT LAW
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of October , 1995.
- 2 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the 24th day of October, 1995, at 6:00 p.m., at the City Hall
of the City of Virginia Beach, at Princess Anne, the
undersigned will petition the Council for the appointment of
Viewers to view the below-described portion of a certain
street and to report to the City Council whether in the
opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing and discontinuance of same,
the said portion of said street being described as follows:
EXCESS RIGHT-OF-WAYADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE LYNNHAVEN
BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown
on that plat entitled "EXCESS RIGHT-OF-WAY
ADJACENT TO LITTLE NECK ROAD TO BE CLOSED
FOR BECO CONSTRUCTION", dated September 6,
1995, by W.P. Large, Inc. containing 0.0426
acres which parcel is more particularly
described as beginning at a point along the
eastern right-of-way of Little Neck Road at
the northwest corner of Lot B-1 as depicted
on that certain plat entitled, "Subdivision
of Lot B, Subdivision of Property of Hubert
L. and Mona H. Dail" recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 182, at
Page 22; and from said point, following the
eastern right-of-way line of Little Neck
Road in a southerly direction along a curve
with a radius of 2904.79° an arc distance of
63.36 feet to the TRUE POINT OF BEGINNING
and continuing from said True Point of
Beginning in a southerly direction along a
curve with a radius of 2904.79° an arc
distance of 39.80 feet to a point; thence
in a southeasterly direction along a curve
with a radius of 20.00° an arc distance of
30.35 feet to a point; Thence north 87° 36'
48" east 25.99 feet to a point; Thence
north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94
feet to a point; Thence in a northwesterly
direction along a curve with a radius of
20.00° an arc distance of 30.07 feet to the
True Point of Beginning.
- 1 -
~KES. CARNES. BOURDON
& AHERN, P C
ATTORNEYS AT LAW
At that time, anyone affected may appear and be heard.
After the report of the Viewers is received, at the
next regular meeting of the City Council, or as soon thereafter
as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of that street in the City of Virginia Beach, Virginia,
described above.
BECO CONSTRUCTION, INC.
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971
5262i
- 2 -
SYKES, CARNES, BOURDON
& AHERN. P C
ATTORNEYS AT LAW
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, BECO CONSTRUCTION, 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 a portion of that certain platted street,
which is more specifically described as follows:
SEE ATTACHED EXHIBIT
Said parcel of land being a portion of excess, unimproved
right-of-way adjacent to Little Neck Road, as indicated on that
certain plat entitled, "Excess Right-of-Way adjacent to Little
Neck Road to be Closed For Beco Construction", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the afore-described street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of said
street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the 24th day of October, 1995, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 2nd day of October, 1995, Notice of
the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia,
and on the premises to be closed, as evidenced by the Affidavit
attached hereto, and a copy of said Notice.
- 1 -
SYKES, CARNES, BOURDON
8, AHERN, P C
ATTORNEYS AT LAW
4. That the Petitioner is the owner in fee simple of
all land along and adjacent to the said portion of the platted
street to be closed.
Respectfully submitted,
BECO CONSTRUCTION, INC.
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One - Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
5259i
- 2 -
EXHIBIT "A"
EXCESS RIGHT-OF-WAY
ADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO
LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION", dated
September 6, 1995, by W.P. Large, Inc. containing 0.0426 acres
which parcel is more particularly described as beginning at a
point along the eastern right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that certain plat
entitled, "Subdivision of Lot B, Subdivision of Property of
Hubert L. and Mona H. Dail" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 182, at Page 22; and from said point, following the
eastern right-of-way line of Little Neck Road in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 63.36 feet to the TRUE POINT OF BEGINNING and
continuing from said True Point of Beginning in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 39.80 feet to a point; thence in a southeasterly
direction along a curve with a radius of 20.00° an arc distance
of 30.35 feet to a point; Thence north 87° 36' 48" east 25.99
feet to a point; Thence north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94 feet to a point;
Thence in a northwesterly direction along a curve with a radius
of 20.00° an arc distance of 30.07 feet to the True Point of
Beginning.
5259i
KES, CARNES BOURDON
& AHERN P C
ATTORNEYS AT LAW
- 3 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. Edward Bourdon, Jr., attorney for BECO
CONSTRUCTION, INC., being first duly sworn, deposes and states:
1. That I am an attorney at law and represent BECO
CONSTRUCTION, INC..
2. That on the--'~4~ day of ° '~ , 1995, I
posted notice of the application to close that certain 1859
square foot of excess right-of-way adjacent to Little Neck Road
on behalf of BECO CONSTRUCTION, INC., for the appointment of
Viewers, and said Notice was posted at the following locations:
(a) COURTHOUSE - Circuit Court of the City of
Virginia Beach, Virginia, Bulletin Board;
(b) CITY HALL ANNEX - 19th Street and Arctic Avenue,
Virginia Beach, Virginia, Bulletin Board; and
SEE ATTACHED EXHIBIT "A".
3. That on the 29th day of September, 1995 and the
6th day of October, 1995, the above referenced Notice was
published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia as
evidenced by the publisher's affidavit attached hereto.
And further the deponent saith not.
"'JR. Edward Bourdon, ~r.
My Commission Expires: August 31, 1998
Subscribed and sworn to before me this 9th day of
October, 1995.
~otary ~u'b[ic
5498i
- 1 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
EXHIBIT
EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO
LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION", dated
September 6, 1995, by W.P. Large, Inc. containing 0.0426 acres
which parcel is more particularly described as beginning at a
point along the eastern right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that certain plat
entitled, "Subdivision of Lot B, Subdivision of Property of
Hubert L. and Mona H. Dail" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 182, at Page 22; and from said point, following the
eastern right-of-way line of Little Neck Road in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 63.36 feet to the TRUE POINT OF BEGINNING and
continuing from said True Point of Beginning in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 39.80 feet to a point; thence in a southeasterly
direction along a curve with a radius of 20.00° an arc distance
of 30.35 feet to a point; Thence north 87° 36' 48" east 25.99
feet to a point; Thence north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94 feet to a point;
Thence in a northwesterly direction along a curve with a radius
of 20.00° an arc distance of 30.07 feet to the True Point of
Beginning.
5261i
- 2 -
The Virginia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452
affidavit
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
to
Th~s day Brenda Anthony
personally appeared before me
and after being duly sworn made
oath.
(1) (He) (She)~s affidavit clerk of
a newspaper published by Byerly
Publ~cahons, ~n the c~ty of V~rg~n~a
Beach, State of V~rg~n~a;
(2) That the advertisement
hereto annexed of
R. Edward Bourdon, Jr.Esq
has been published, ~n sa~d
newspaper on the following
dates'
10-06-95
09-29-95
19
~ ~'fl~c.'h'l~ Affiant
Subscnbed and swor~o before
me ~n my c,ty and state aforesaid
th~s 5th _day ofoctober
19 95
My comm,ssion expires
. ~~= 3.0.,~~j19 99
Nota~ Public
NOTICE
PLEASE TAKE NOTICE, that
at the meeting of the City
Council of the City of Virginia
Beach, Virginia, to be held on the
24th day of October, 1995, at 6:00~
p.m., at the City Hall of the cityI
of Virginia Beach, at Princess
Anne. the undersigned will peti-
tion the Council for the ap-I
pointment of viewers to view the
below-described portion of a
certain street and to report to the
City council whether in the
opinion of the Viewers, what, if
any, inconvenience would result
from the vacating, closing and
discontinuances of same, the said~
portion of said strut being
scril~xl as follows: r
EXCESS RIGHT-OF.WAY
ADJACENT TO LITTLE;
NECK ROAD
ALL THAT CERTAIN PIECE~
OR PARCEL OF LAND SIT-L
UATE, LYING AND BEING IN,.
THE LYNNHAVEN BOROUGH,
OF VIRGINIA BEACH, VIR-:
GINIA as shown on that plat~
entitled "EXCESS RIGHT-OF-
WAY ADJACENT TO LITTLEI
NECK ROAD TO BE CLOSED,
FOR BECO CONSTRUCTION,"
dated September 6, 199:5, by W.P.
Large, Inc. containing 0.0426
acres which parcel is mom parti-
cularly described as beginning at.
a point along thc ca.stem tight-of-
way of Little Neck Road at thc,
northwest corner of Lot B-1 as,
depicted on that certain plat
entitled, "Subdivision of Lot B,
Subdivision of Property of Hubert
L. and Mona H. Dali" recorded in
thc Clerk's Offit~ of the Circuit
Court of the City of Virginia
Beach, Virginia in Map Book
JON M AHEKN
R EDWARD BOURDON, JR
THOMAS S CARNES
JAMES T CROMWELL
LINDA NYE HUSS
KEITH L KIMBALL
KIRK B LEVY
TODD M LYNN
JENNIFER D OILAM-SMITH
JAMES L PEDIGO, JR
HOWARD R SYKES, JR
SYKES, C^RNES, BOURDON & AHEm, q, P. C.
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK
PEMBROKE ONE-THE FIFTH FLOOR
V1RGINIA BEACH, VIRGINIA 23462-2989
25 September 1995
TELEPHONE 499-8971
AREA CODE 804
FACSIMILE (804) 456-5445
OR 671-1454
I, R. Edward Bourdon, Jr. attorney for Beco
Construction, Inc., do hereby certify that:
1. I am an attorney at law and represent Beco
Construction, Inc..
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed
is discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said street will
vest in the City of Virginia Beach, Virginia, a municipal
corporation, subject to the rights of the abutting property
owner.
3. The portion of street to be closed, referred to
herein is described as follows:
EXCESS RIGHT-OF-WAYADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE LYNNHAVEN
BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on
that plat entitled "EXCESS RIGHT-OF-WAY
ADJACENT TO LITTLE NECK ROAD TO BE CLOSED FOR
BECO CONSTRUCTION", dated September 6, 1995, by
W.P. Large, Inc. containing 0.0426 acres which
parcel is more particularly described as
beginning at a point along the eastern
right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that
certain plat entitled, "Subdivision of Lot B,
Subdivision of Property of Hubert L. and Mona
H. Dail" recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia in Map Book 182, at Page 22; and from
said point, following the eastern right-of-way
line of Little Neck Road in a southerly
direction along a curve with a radius of
2904.79° an arc distance of 63.36 feet to the
TRUE POINT OF BEGINNING and continuing from
said True Point of Beginning in a southerly
SYKES, CARNES, BOURDON, & AHERN, P. C.
25 September 1995
Page 2
direction along a curve with a radius of
2904.79° an arc distance of 39.80 feet to a
point; thence in a southeasterly direction
along a curve with a radius of 20.00° an arc
distance of 30.35 feet to a point; Thence
north 87° 36' 48" east 25.99 feet to a point;
Thence north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94
feet to a point; Thence in a northwesterly
direction along a curve with a radius of 20.00°
an arc distance of 30.07 feet to the True Point
of Beginning.
SYKES, CARNES, BOURDON & AHERN, P.C.
R. Edward Bourdon, Jr.
5487i
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
EXHIBIT "A"
EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO
LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION" dated
September 6, 1995, by W.P. Large, Inc. containing 0.04~6 acres
which parcel is more particularly described as beginning at a
point along the eastern right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that certain plat
entitled, "Subdivision of Lot B, Subdivision of Property of
Hubert L. and Mona H. Dail" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 182, at Page 22; and from said point, following the
eastern right-of-way line of Little Neck Road in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 63.36 feet to the TRUE POINT OF BEGINNING and
continuing from said True Point of Beginning in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 39.80 feet to a point; thence in a southeasterly
direction along a curve with a radius of 20.00° an arc distance
of 30.35 feet to a point; Thence north 87° 36' 48" east 25.99
feet to a point; Thence north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94 feet to a point;
Thence in a northwesterly direction along a curve with a radius
of 20.00° an arc distance of 30.07 feet to the True Point of
Beginning.
5260i
- 3 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF EXCESS
RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE
NECK ROAD TO BE CLOSED FOR BECO
CONSTRUCTION".
WHEREAS, it appearing by affidavit that proper notice
has been given by BECO CONSTRUCTION, INC., that they would make
application to the Council of the City of Virginia Beach,
Virginia, on October 24, 1995, to have a portion of the
hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that the
portion of 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:
SEE ATTACHED EXHIBIT
Said parcel of land being a portion of excess right-of-way
adjacent to Little Neck road as indicated on that certain
street closure plat of property to be vacated adjoining and
adjacent to the properties of the Petitioner located in the
Lynnhaven Borough, Virginia Beach, Virginia, which plat is to
be recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, upon adoption of this
ordinance, 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,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
GPIN NO.: 1488-92-4496
- 1 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
eight
5260i
This Ordinance
(180) days from the
SECTION III
shall be effective
date of its adoption.
SECTION IV
Adopted:
- 2 -
one-hundred and
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS ATLAW
EXHIBIT "A#
EXCESS RIGHT-OF-WAY
ADJACENT TO LITTLE NECK ROAD
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as
shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO
LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION", dated
September 6, 1995, by W.P. Large, Inc. containing 0.0426 acres
which parcel is more particularly described as beginning at a
point along the eastern right-of-way of Little Neck Road at the
northwest corner of Lot B-1 as depicted on that certain plat
entitled, "Subdivision of Lot B, Subdivision of Property of
Hubert L. and Mona H. Dail" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 182, at Page 22; and from said point, following the
eastern right-of-way line of Little Neck Road in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 63.36 feet to the TRUE POINT OF BEGINNING and
continuing from said True Point of Beginning in a southerly
direction along a curve with a radius of 2904.79° an arc
distance of 39.80 feet to a point; thence in a southeasterly
direction along a curve with a radius of 20.00° an arc distance
of 30.35 feet to a point; Thence north 87° 36' 48" east 25.99
feet to a point; Thence north 02° 30' 33" west 40.05 feet to a
point; Thence south 87° 29' 27" west 28.94 feet to a point;
Thence in a northwesterly direction along a curve with a radius
of 20.00° an arc distance of 30.07 feet to the True Point of
Beginning.
5259i
- 3 -
- 28 -
Item Vi-J. Sb.
CONSENT AGENDA
ITEM # 39948
ORDINANCES
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Petition orR. LEWIS BOGGS for the closure of two unnamed alleyways
(VIRGINIA BEACH BOROUGH)
a. Intersect¥on of the Northern right-of-way line. 140.15' of 27th
Street and the Eastern right-of-way line of Baltic Avenue.
b.
Intersection of the Southern right-of-way line, 140.17 feet of
30th Street and the Western right-of-way hne of Arcac
Avenue..
The Viewers are:
David M. Grochmal
Robert J. Scott
Ralph A. Smith
Director of General Services
Director of Planning
Director of Public Works
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E.
Oberndorf,, Nancy IC Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Councilman Harrison ABSTAINED as he provides legal services for R. Lewis Boggs.
October 24, 1995
Virginia, 1- r ante with S- has given d'
0~SOIas a- ecti°n 15 - ue and
CtOber .,._ ~nended _. ' ~'364 _~
' ~95, ap_l · Chat he ur the C~~
Beach, V~ ~ Y to the ~. Will on ~. uue of
~ ~rginia, f U~tY Counci~ one 24th
hereinafter des- . or the appoint_ ~ of the City o= .~ ~Y of
the Co- or'bed Stre~ u~ent of Vi~ .... z virginia
an~ unC~l whether, in =~s or alleyways a--~ =-ers to View
Y' What incon- . the opinion ~u report in- .
such ~ ven~ence ~, ..... of said Vi~-~ writing to
~Creets or all~._ -~u~d result ~_ =~ers, any, __~.
~~, B ~aYs; and ~om the discont. =a~ if
NOW, ~__ °ggs has filed .... ~nUance of
v . ~" b~ ' ~{~cati°n With
~rgln~a Beach, Vir . = it O~Ai~D by t' the Cou
T~T g~nia : he Council _= nC~l .
u~ the City of
David .
and
. -~aObert .~ Sc~ '
aPp° i n t ed~
~ thef~ o-' ~g to the Co- c~bed street hereby
from t~ ~Znzon, any, and ~- uncz1, as Soon a- s or alleyways
· ~e d~sconti ~r any, Wha~ ~ Possible
located ~ nuin~ and .. ~ ~ncOn~en~_ ' hether
an the Ci~ Vacating of -- ~Unce wOUld ~_
ParticUlarly de- cy of Vi~gini_ ~he Streets or ~sult
' ~cribe~ _ ~ Beach - all ey~~te
~ ~s follows. -" Varginia' and
~T certai~ ~ '
~'ea, 0.117 '~ fftreet
rub uWI urta ' ~s E '
LIC RIG NG 20, an 1 xasti the
C HT- P at n , da
~O~ou~ ,,~, z~ ~OCAr~O ~..~ CLOS~o _mo ,,~. ie ro se
~ aereto _~ -~aRGINia ,' ~u), V~~ ON ma~ _A Part her~ Uctober
eof. 10,
T~T ce
are~ ~ train ,~
~, u.023 ~ureet
S1 ose ,, Act or _
E d o es, de . all~
~CAT~m ~U~ZNg ~ ~ertain l~.~s "~ ~2'~' as t
L~R ~, 3 TH~,~= LOTs ~ _.~ZOHT_nj~E TO
~- ~, BL~.- ~u 1~ - ~ -~RTT ~ ~='WAv o~ CL~o~"~Y
z u & ~ 5, ~ ' INCL - o, INc ~ AS
pO~-_ CLOSED - ~ LO~ _USIvE ~ _ LUSIVR SHO~ ~
' · o, p e 29T ~u , 10, ~'~ON
"=z'eof voer 6 . ~v~ouGH ' Z'~ ~D~
- , ~ - -~
995, = ~ ~ VIRGiNi_ INC.
~=cached = ~a BEACh'
~ereto a~
The Plats described abo~e are intended to be reCOrded With the
Ordinance closing the portions of the streets or alleyways
described above.
ADOPTED by 2%he City ~ouncil of the City of Virginia Beach,
Virginia, this day of Uctober , 1995.
.~.'APPROVED AS TO
LEGAL SUFFICIENCY
__ D~,~. ~ ....
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of
the City of Virginia Beach, Virginia, to be held on the 24th day of
October, 1995, at 6:00 p.m., in the City Council Chambers, City
Hall, Municipal Center, Virginia Beach, Virginia, 23456, the
undersigned will petition the Council for the appointment of
Viewers to view the hereinafter described portions of two unnamed
lanes or alleyways and report to the City Council whether in the
opinion of the Viewers, what, if any, inconvenience would result
from the vacating, closing, and discontinuance of such lanes or
alleyways in Virginia Beach, Virginia, and described as follows:
ONE
Begin at a point at the intersection of the northern
right-of-way line of 27th Street and the eastern right-
of-way line of Baltic Avenue, from said point running
northerly along the eastern right-of-way line of Baltic
Avenue a distance of 140.15 feet to the true Point of
Beginning; thence running along such right-of-way
Nll°32'20"E a distance of 20.03 feet to a point; thence
turning and running S78°34'09"E a distance of 49.93 feet
to a point; thence turning and running Sl1°31'18"W a
distance of 20.03 feet to a point; thence turning and
running N78°34'18"W a distance of 49.94 feet to the true
Point of Beginning.
TWO
Begin at a point at the intersection of the southern
right-of-way line of 30th Street and the western right-
of-way line of Arctic Avenue, from said point running
southerly along the western right-of-way line of Arctic
Avenue a distance of 140.17 feet to the true Point of
Beginning; thence running along such right-of-way
Sl1°34'00"W a distance of 20.12 feet to a point; thence
turning and running N78°28'31"W a distance of 261.48 feet
to a point; thence turning and running N35°02'05"E a
distance of 21.19 feet to a point; thence turning and
running, S78°37'50"E a distance of 253.04 feet to the
true Point of Beginning.
At that time, any affected person may appear and present his
views.
At the next regular meeting of the City Council after receipt
of the report of the Viewers, or as soon thereafter as the matter
may be placed on the Council agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue the above
described lanes or alleyways.
R. LEWIS BOGGS
By
Of Counsel
Charles M. Sall~
PENDER & COWARD
192 Ballard Court
Virginia Beach, VA 23462
(804) 490-3000
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THOSE CERTAIN STREETS OR ALLEYWAYS AS SHOWN UPON THOSE
CERTAIN PLATS ENTITLED, "PRELIMINARY EXHIBIT SHOWING 20'
LANE TO BE CLOSED AND VACATED AS A PUBLIC RiGHT-OF-WAY
LOCATED IN BLOCK 4 AS SHOWN ON MAP OF CENTRAL PARK, INC.
(M.B. 8, P.10), VIRGINIA BEACH BOROUGH-VIRGINIA BEACH,
VIRGINIA" AND "PRELIMINARY EXHIBIT SHOWING A PORTION OF
20' LANE TO BE CLOSED AND VACATED 2%S A PUBLIC RIGHT-OF-
WAY AS SHOWN ON RESUBDIVISION OF LOTS i THRU 6,
INCLUSIVE, BLOCK 4, AND LOTS 1, 3 THRU 16, INCLUSIVE &
CLOSED PORTION OF 20' LANE, BLOCK 5, AND LOTS 2, 4, 6, 8,
10, 12, 14, 16, 18 & 20 & CLOSED PORTION OF 20' LANE,
BLOCK 6 AND CLOSED PORTION OF 28TH & 29TH STREET, MAP OF
CENTRAL PARK, INC., (M.B. 8, P. 10) VIRGINIA BEACH
BOROUGH - VIRGINIA BEACH, VIRGINIA." DATED OCTOBER 6,
1995, AND OCTOBER 10, 1995, RESPECTIVELY, ATTACHED HERETO
AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, R. Lewis Boggs, 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 a portion of those
certain streets or alleyways which are more specifically described
as follows: '
ONE
ALL THAT portion of that street or alleyway shown as the
dappled area, 0.117 Acres, designated as "EXISTING 20'
LANE TO BE CLOSED" on that certain plat entitled
"PRELIMINARY EXHIBIT SHOWING 20' LANE TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY LOCATED IN BLOCK 4 AS
SHOWN ON MAP OF CENTRAL PARK, INC. (M.B. 8, P.10),
VIRGINIA BEACH BOROUGH-VIRGINIA BEACH, VIRGINIA" revised
October 10, 1995, attached hereto and made apart hereof.
TWO
ALL THAT portion of that street or alleyway shown as the
dappled area, 0.023 Acres, designated as "EXISTING 20'
LANE TO BE CLOSED" on that certain plat entitled
"PRELIMINARY EXHIBIT SHOWING A PORTION OF 20' LANE TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY AS SHOWN ON
RESUBDIVISION OF LOTS 1 THRU 6, INCLUSIVE, BLOCK 4, AND
LOTS 1, 3 THRU 16, INCLUSIVE & CLOSED PORTION OF 20'
LANE, BLOCK 5, AND LOTS 2, 4, 6, 8; 10, 12, 14, 16, 18 &
20 & CLOSED PORTION OF 20' LANE, BLOCK 6 AND CLOSED
PORTION OF 28TH & 29TH STREET, MAP OF CENTRAL PARK, INC.,
(M.B. 8, P. 10) VIRGINIA BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA." dated October 6, 1995, attached hereto and
made a part hereof.
2. That no inconvenience will result to any person by reason
of the closing, vacation and discontinuance of a portion of the
streets or alleyways; and the Petitioner prays that this Honorable
Council appoint viewers as provided by law to view the portion of
the platted streets or alleyways proposed to be closed and to
report in writing to the Council as soon as practicable as to
whether, in the opinion of said Viewers, what inconvenience, if
any, would result from the discontinuance and the closing of the
portion of the streets or alleyways described herein above.
3. That on the 15 day of October, 1995, and on the 22 day of
October, 1995, notice of the presentation of this application was
published in the Beacon section of the Virginian-Pilot & Ledger-
Star, a newspaper of general circulati6n in the City of Virginia
Beach, Virginia.
4. That the owners of the fee simple interest in the land
adjacent to the streets or alleyways described in paragraph 1 of
this Petition are Jerry F. McDonnell and Banana Distributors, Inc.,
who will, as the adjacent land owners, become the fee simple owners
of the closed streets or alleyways.
Respectfully submitted,
R. LEWIS BOGGS
By
Charles M. Sall~
Pender & Coward, P. C.
192 Ballard Court
Virginia Beach, VA 23462-2483
Of Counsel
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Charles M. SallY, attorney for R. Lewis Boggs ("Boggs"),
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent Boggs.
2. That on the 15th day of October, 1995, and on the 22nd
day of October, 1995, notice of the presentation of the
application, on behalf of Boggs, to close those certain streets or
alleyways described as the dappled areas on the attached plats will
be published in the Beacon section of the Virginian-Pilot & Ledger-
Star, a newspaper of general circulation in the City of Virginia
Beach, Virginia.
And further the deponent saith not.
-Charle~ M.~S~ll~
1995.
Subscribed and sworn to before me this llth day of October,
Notary P~blic
My Commission Expires:~i~l/O~
ORDINANCE NO.:
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THOSE CERTAIN STREETS OR ALLEYWAYS AS SHOWN UPON THOSE
CERTAIN PLATS ENTITLED, "PRELIMINARY EXHIBIT SHOWING 20'
LANE TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
LOCATED IN BLOCK 4 AS SHOWN ON MAP OF CENTRAL PARK, INC.
(M.B. 8, P.10), VIRGINIA BEACH BOROUGH-VIRGINIA BEACH,
VIRGINIA" AND "PRELIMINARY EXHIBIT SHOWING A PORTION OF
20' LANE TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-
WAY AS SHOWN ON RESUBDIVISION OF LOTS i THRU 6,
INCLUSIVE, BLOCK 4, AND LOTS 1, 3 THRU 16, INCLUSIVE &
CLOSED PORTION OF 20' LANE, BLOCK 5, AND LOTS 2, 4, 6, 8,
10, 12, 14, 16, 18 a 20 & CLOSED'PORTION OF 20' LANE,
BLOCK 6 AND CLOSED PORTION OF 28TH a 29TH STREET, MAP OF
CENTRAL PARK, INC., (M.B. 8, P. 10) VIRGINIA BEACH
BOROUGH - VIRGINIA BEACH, VIRGINIA." DATED OCTOBER 6,
1995, AND OCTOBER 10, 1995, RESPECTIVELY, ATTACHED HERETO
AND MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been
given by R. Lewis Boggs that he would apply to the Council of the
City of Virginia Beach, Virginia, on October 24, 1995, to have the
hereinafter decribed street or alleyways discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that such streets
or alleyways 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 streets or alleyways be
discontinued, closed, and vacated:
ONE
ALL THAT portion of that street or alleyway shown as the
dappled area, 0.117 Acres, designated as "EXISTING 20'
LANE TO BE CLOSED" on that certain plat entitled
"PRELIMINARY EXHIBIT SHOWING 20' LANE TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY LOCATED IN BLOCK 4 AS
SHOWN ON MAP OF CENTRAL PARK, INC. (M.B. 8, P.10),
VIRGINIA BEACH BOROUGH-VIRGINIA BEACH, VIRGINIA" revised
October 10, 1995, attached hereto and made apart hereof.
TWO
ALL THAT portion of that street or.alleyway shown as the
dappled area, 0.023 Acres, designated as "EXISTING 20'
LANE TO BE CLOSED" on that certain plat entitled
"PRELIMINARY EXHIBIT SHOWING A PORTION OF 20' LANE TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY AS SHOWN ON
RESUBDIVISION OF LOTS 1 THRU 6, INCLUSIVE, BLOCK 4, AND
LOTS 1, 3 THRU 16, INCLUSIVE & CLOSED PORTION OF 20'
LANE, BLOCK 5, AND LOTS 2, 4, 6, 8, 10, 12, 14, 16, 18 &
20 & CLOSED PORTION OF 20' LANE, BLOCK 6 AND CLOSED
PORTION OF 28TH & 29TH STREET, MAP OF CENTRAL PARK, INC.,
(M.B. 8, P. 10) VIRGINIA BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA." dated October 6, 1995, attached hereto and
made a part hereof.
GPIN NO:
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
ADOPTED by the City Council of the City of Virginia Beach,
Virginia, this__ day of , 1995.
LEE ADDISON III CHARLES M SALL£
DAVID L ARNOLD DANIELM SCHIEBLE
SHARON E CONNAUGHTON MARK E SLAUGHTER
RANDOLPH C DuVALL*
LAWRENCE H GLANZER
DOUGLAS J GLENN
DAVID L HORNE
PHILIP J]NFANTINO
DOUGLAS E KAHLE
JAMES B LONERGAN
BURKEW MARGULIES
RICHARD H MATTHEWS
MICHAEL E ORNOFF
GLEN W THOMPSON
LYNN K TIEDGE
JOHN A TILHOU
W ROBERTTURhlER III
JOSEPH T WALDO
BONNIE M WHEELER
GUION H WILLIS
SARAH J ZECCA
ALSO MIEMBER OtIr
NORTH CAROLINA BAR
PENDER & COWARD
A ~ROF[S$~ONAL CORI~'ORATION
ATTORN E YS AN D COU NS E LLORS AT LAW
FOURTH FLOOR GREENWICH CENTRE
192 BALLARD COURT
VIRGINIA BEACH, VIRGINIA 23462-6557
TELEPHONE (80,4) ,490-3000
FACSIMILE (804) 497-1914
October 10, 1995
WILLIAM C PENDER ( 1893-19791
NELSON W COWARD t tgt~ 198~1
MEMBER
COMMONWEALTH LAW GROUP LTD
DIRECT DIAL NUMBER
490-6279
CERTIFICATE OF VESTING OF TITLE
I, Charles M. SallY, Attorney for the Petitioner, R. Lewis
Boggs ("Boggs"), do hereby certify that:
1. I am an attorney at law and represent Boggs.
2. If the streets or alleyways described as the dappled
areas on the attached plats are discontinued, closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title to
the closed streets or alleyways will vest in Jerry F. McDonnell and
Banana Distributors, Inc., as the owners of the fee simple interest
in the land adjacent to the streets or alleyways.
Very truly yours,
Charles M. Sall~
CMS / s p
· I
PIPE (F)
BALTIC
AVE.
((~o' R/w)
M.a. e, P. ~o)
140.15' (FIELD)
GPIN 2418-90-6514
JERRY F. McDONNELL
(D.B. ,3324, P. 1409)
(~.B B, P. ~o)
N11'32'20" E
20.0,3'
~,J ]~ TO BE CLOSED
~S:~ I~c~ (MB 8, P. 10)
~i i~ (D.B. '2~B17, P. 1194)
~" ~ ' ~ AREA= 1000.1,3 SQ.FT.
z L ...... l m 0.023 ACRES
PIN (F)
GPIN 2418-90-6565
N/F {~
JERRY F. McDONNELL
(D.B. 2308, P. 32) ~
(M.B 8, P. 10) ~
GPIN 24.18-90- 7506
JERRY F. McDONNELL
(D.B. 2144, P. ,302)
(M.B 8, P. 10)
~ S11'31'18"W
20.03'
Gl'IN 2~ 18-90- 7779
N/F
JERRY F. McDONNELL
(D.B. 2,308, P. ,32)
D.B. 2817, P. 1194)
(PARCEL ONE)
GPIN 24~8-90-8519
N/F
JERRY F. McDONNELL
(D.B. 2144, P. 302)
(M.B 8, P. ~o)
PRELIMINARY EXHIBIT SHOWING
A PORTION OF 20' LANE
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY
AS SHOWN ON
RESUBDIVISION
OF
LOTS 1 THRU 6, INCLUSIVE, BLOCK 4, AND
LOTS 1,..9 THRU 16, INCLUSIVE &: CLOSED PORTION OF 20' LANE, BLOCK 5, AND
LOTS 2,4,6,8,10,12,14,16,18 &:: 20 &:: CLOSED PORTION OF 20' LANE, BLOCK 6,
AND CLOSED PORTIONS OF 28TH & 29TH STREET
MAP OF CENTRAL PARK, INC.
(M.B. 8, P. 10)
VIRGINIA BEACH BOROUGH-VIRGINIA BEACH, VIRGINIA
A Professiona] Corpot'sUon (~04) 497-7472 FAX (~34) 4~';-0250
£ngineors,$urveyors,Plonners and Lond$copo Architecfs
Falrfax, Va./BHdgewater, Va./Leesburg, Va./Vlrglnla Beach, Va./Chantllly, Va./Winchester, Va.
Proj,No.: Dote: Scale: Acod File:
9168-2- ! 10/06/95 ! "-- 40' 9168,4. DWG
Drown/Checked
A~m/WPC
iiii
i
~ N35'02'05" E
'" ~., ~ 21.19'
HOLLY O A D
~ ~ A.K.A. ~LTIC AVENUE
' ~ (M.B. 8, P. 1
N/F ,
: dERRY F. McDONNELL i
: (D.B. 3378, P. 1923)
~ ~.B. 5, P. lO3)
~ . ~ ~ (~)
JERRY F.N/FMcDONNELL ~ ~ ~
~ ~ CmN 241~-91-7469
(D.~. 2308, P. 32). " ~ ~~ ~P/N 241~-91-74~a
(D.B. 2817, P. 1194) I N/g
: ~ JERRY F. McDONNELL
'. I (D.B. 3428, P. 20~2)
~ ~ (M.B. 5, P, 103~ .~__
,~ --~ N/F
IJERRY F. McDONNELL
~ ~~(D.B. 3427, P. 1699)
,g ~ (M.B. 8, P. 10)
~ ~PIN 24 ~ 8-~ ~ -85 ~ ~
EXISTING 20' ~NE--~ BANANA DISTRIBUTORS, INC.
TO BE CLOSED
~ (D.B. 3409. P. 2103)
(~.~. a, P. ~o) ~. (M.B. S, P. l Oa)
~=S08~.~2 SQ.~.
O. 117 ACRES
PIN
PIN (F) _ 1~0.17 (FIELD) ~F'-I
' A CTIC A VE E
~/~
~0.~'
~0C~7~ ~ ~OCK ~
INC.
(u.~. ~. ~. ~o)
VIRGINIA B~CH BOROUGH-VIRGINIA B~CH, VIRG~~
A ~ofeuion~ Co~ora~on (~) ~7-7~ r~ (~) ~t7~ ~4~ .~0~
Engineers,Su~eyors,Plonners ond Londscope Architects
Fo*~x, Va.~dgewoter, Vo./~rg, Vo.~rginl~ ~och, Vo./Ch~nblly, Vo.~mch~r,
i i ii
Proj.N°.: Dote: Scele: ~od ~le: Drown/Checked
9168-2-1 R~ 10/10/95 1"=40' 9168BR. DWG MTP/WPC
mi ii i ~ i
CONSENT ~4GEND.4
ORDINANCES
ITEM # 39949
Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize special tax refunds in the amount of $528.31,
upon application of certain persons and upon certification of the
Commissioner of the Revenue
Voting:
10-0 (By ConsenO
Council Members l/oting Aye:
John ,'L Baum, Linwood O. Branch, III, Robert K Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. tlenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members I/oting Nay:
None
Council Members ,'lbsent..
I/ice Mayor William D. Sessoms, Jr.
October 24, 1995
FORM NO ¢ A 8 MEV 3 ~6
AN ORDINANCE AUTHORIZING SPECIAL TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND UPON
CERTIFICATION OF THE COMMISSIONER OF THE
REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following apphcatlons for special tax refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved'
NAME TAX DATE BASE PENALTY INT TOTAL
YEAR PAID
Oharhe's Truck Stop Inc.
1211 E. Olney Road
Norfolk, VA 23504
Business Address:
5792 Nort~ton Bloc].
Virginia Beach, VA
1994-95 1994-95 $528 31 $528 31
23455
Th~s ordinance shall be effect,ve from date of
adoption
The above abatement(s) totaling $528 31
of the C~ty of Virginia Beach on the 24
Cerbfled as to Payment
~--.~R~bert P Vaughal~
Commissioner of the Revenue
Approved as to form
~6'sl,~ ~ L,II~ ~
C~ty Attorney
were approved by the Council
day of October ,19 95
Ruth Hodges Smith
C~ty Clerk
- 30 -
Item VI-K. 1.
RESOLUTIONS ITEM # 39950
The following represented the applicant:
Attorney Michael B. Hamar, 1597 Bay Point Drive, Phone: (H) 481-9214, (W) 424-3232, represented
the applicant.
Manning C. Merritt, 1908 West Twin Cove Road, Phone: 481-3007, represented the applicant
Richard Barrett, Stockholder - Sunstates
A motion was made by Councilman Harrison, seconded by Councilman Branch to DENY Resolution re
issuance of the Virginia Beach Development Authority's multi-family rental housing revenue bond:
Sunstates House, L.P., Not to exceed $7,300,000. This ~IOTION was WITHDRAWN.
Upon motion by Councilman Harrison, seconded by Counctlman Branch, City Counctl DEFERRED
INDEFINITEL Y:
Resolution re issuance of the Virginia Beach Development Authority's
multi-family rental housing revenue bond: (Deferred October 17, 1995)
Sunstates House, L.P. Not to exceed $7,300,000
Voting: 10-0
Council Members Voting ,/lye:
John A. Baurn, Linwood 0 Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
- 31 -
Item
RESOLUTIONS
ITEM # 39951
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED:
Resolution to authorize and direct the City Manager to execute the
construction contracts for the rematnmg porttons of the Lake Gaston
Water Supply Project.
The Mayor answered. "Vice Mayor Sessoms, although unable to attend the Ctty Counctl Session, was here
"in spirit" and if present would vote 100% to issue the contracts for construction of the Lake Gaston
Water Supply Project."
Voting: 10-0
Council Members Voting Aye:
John A Baum, Ltnwood 0 Branch, III, Robert K Dean, Wilham W
Harrison, Jr., tlaroM Hetschober, Barbara M Henley, Louts R Jones.
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Wilham D Sessoms. Jr.
October 24, 1995
10
11
12
13
14
15
16
17
18
19
2O
21
22
24
25
27
28
29
3O
34
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACTS FOR THE REMAINING PORTIONS OF THE
LAKE GASTON WATER SUPPLY PROJECT
WHEREAS, on February 11, 1992, the City Council declared that
there existed within the City of Virginia Beach an emergency
arising out of a shortage of public water supplies~ and
WHEREAS, pursuant to that declaration of emergency, the City
Council imposed severs restrictions upon the use of public water
supplies and upon new connections to the City water supply system
pending completion of the Lake Gaston Water Supply Project; and
WHEREAS, because the Lake Gaston Project has not been
completed in the three and one-half years which has passed since
the imposition of the aforesaid restrictions, the state of
emergency still exists~ and
WHEREAS, the Lake Gaston Project has been the subject of many
judicial and administrative decisions, over the course of more than
a decade, establishing and confirming that the Project will not
cause any significant adverse environmental, socioeconomic or other
impacts, and that the Project is fully justified and in the best
interests of the public~ and
WHEREAS, the remaining administrative approval needed for
construction of the Project was granted by the Federal Energy
Regulatory Commission on July 26, 1995; and
WHEREAS, on September 27, 1995, the United States District
Court for the District of Columbia affirmed the decision of the
Secretary of Commerce approving the Project under the Coastal Zone
Management Act~ and
WHEREAS, the injunction previously imposed by the United
States District Court for the Eastern District of North Carolina
has been dissolved~ and
WHEREAS, the only means by which the City can obtain a safe,
reliable and sufficient supply of water at a reasonable cost is by
completing the Lake Gaston Project~ and
WHEREAS, the occurrence of a drought during the time preceding
the completion of the Lake Gaston Project will cause great hardship
38
39
40
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
and serious risk to the health and well-being to the residents and
businesses of the City; and
WHEREAS, even in the absence of a drought, the City and its
citizens and businesses will continue to suffer adverse effects
from the absence of a sufficient supply of water until the Lake
Gaston Project has been completed; and
WHEREAS, in order to expedite, to the greatest practicable
extent, the completion of the Lake Gaston Project, it is necessary
at this time to award construction contracts for the remaining
portions of the Project; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and hereby is, authorized and
directed to execute contracts for the construction of the remaining
portion of the Lake Gaston Water Supply Project, as follows:
Contract
C-1
C-2
C-3
C-4
C-5
D-1
D-3
bow Bidder
Bid Amoun
J.D. Stephens, Inc.
Garney Companies, Inc.
J.D. Stephens, Inc.
J.D. Stephens, Inc.
Rockdale Pipeline, Inc.
Crowder Construction Co.
$16,265,140.60
$17,265,093.70
$16,973,802.80
$15,520,500.20
$9,269,310.40
$12,392,150.00
Mid Eastern Builders, Inc. $3,379,700.00
TOTAL:
$91,065,697.70
61
62
Adopted by the Council of the ~y/of Virginia Beach,
Virginia, on this .~.~ day of (~Q~_%~_~ _, 1995.
63
64
65
66
67
68
69
70
71
CA-95-6109
Noncode \ Lgcontract. res
R-1
October 17, 1995
APPROVED AS TO LEGAL SUFFICIENCY
- 32 -
.fEARING
ITEM # 39952
,~NING
ayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
I. FENNER V. WOOLARD, JR., JOHN E. GREEN, JR.
AND JUNE C. GREEN for ONTARIO DEVELOPMENT, INC.
RECONSIDERATION
CONDITIONS 1 & 2
(3/26/84)
2. LAWRENCE A. SANCILIO, RACHEL V. SANCILIO,
LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD
AND SIGNET BANK/VIRGINIA, Trustees under the will of
Israel Steingold STREET CLOSURE
3. JUAN ANDRES BURGOS
VARIANCE
4. MRS. JOHN S. HILL
VARIANCE
5. ROBERT ,4. JONES
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
6 SHARON LEEPER GOLESH
CONDITIONAL USE PERMIT
7. ST. NICHOLAS GREEK ORTHODOX CHURCH
CONDITIONAL USE PERMIT
8. JUDEO-CHRISTIAN OUTREACH CENTER, INC.
CONDITIONAL USE PERMIT
October 24, 1995
- 33 -
Item VI-L.
PUBLIC HEARING
ITEM # 39953
PLANNING
Upon motion by Council Lady Henley, seconded by Councilman Harrtson, City Council APPROVED in
ONE MOTION Items 1, 2, 3, 5, 6, 7 and 8 of the PLANNING BY CONSENT AGENDA.
Item L. 1 and 2 were DEFERRED B Y CONSENT.
Item L.5 was WITHDRAWN BY CONSENT
Item L.6. was APPROVED WITH AMENDED CONDITIONS.
10-0 (By Consent)
Council Members Voting ~lye:
John/l. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members/lbsent:
Vice Mayor William D Sessoms, Jr
October 24, 1995
- 34 -
Item VI-L. 1.
PUBLIC HEARING
ITEM it 39954
PLANNING
Upon motion by Council Lady Henley, seconded by Councdman Harrison, City Council DEFERRED the
RECONSIDERATION OF CONDITIONS ONE AND TWO in the March 26, 1984, approved Application
of FENNER V. WOOLARD, JR., JOHN E. GREEN, JR. and JUNE C. GREEN for ONTARIO
DEVELOPMENT, INC. for a Change o_f Zoning Dtstrict Classification:
ORDINANCE UPON APPLICATION OF FENNER V. WOOLARD, JR.,
JOHN E. GREEN, JR., AND JUNE C. GREEN FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Z0384841
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Fenner V. Woolard, Jr., John E. Green,
Jr., and June C. Green for a Change of Zoning District Classification
from R-6 Residential District to B-2 Commumty-Business &strict on
certain property located on the east stde of Kempsville Road beginning
at point 250 feet more or less south of Indian River Road, running a
distance of 195.88 feet along the east side of Kempsville Road, running
a distance of 545.51 feet in a southeasterly &rection, running a distance
of 302.56 feet in a northeasterly direction, running a &stance of 175 feet
in a northwesterly chrection, running a &stance of 11796 feet tn a
southwesterly direction and running a &stance of 428.93 feet in a
northwesterly direction. Said parcel contains 2 93 acres. KEMPSVILLE
BOROUGH.
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert If. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D Sessoms, Jr.
October 24, 1995
- 35 -
Item VI-L.Z
PUBLIC HEARING
ITEM # 39955
PLANNING
Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council DEFERRED AN
ADDITIONAL 180 DAYS ~0 4/23/96), an Ordinance for discontinuance, closure and abandonment in
the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE
STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the will of
Israel SteingoM:
Application of Lawrence A. Sancilio, Rachel V. Sancillo, Lena Sancilio,
Maurice Steingold, Lewis B. Stelngold and Signet Bank/Virglnia, Trustees
under the Will of Israel Steingold, for the &scontinuance. closure and
abandonment of the followtng streets'
Wagner Street: Beginning at the southern boundary of Bonney Road and
running in a southerly direction a distance of 1096 feet more or less to
the northern boundary of the Virginla Beach-Norfolk Expressway.
First Street: Beginning at the western boundary of Avenue E and running
in a westerly direction a distance of 349. 78 feet.
Avenue E: The western 25 O1 feet. beginning at a point 200 feet south of
First Street and running in a southerly direction a distance of 214.67 feet
to the northern boundary of the Virgtnta Beach-Norfolk Expressway.
L YNNHA VEN BOROUGH.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
October 24, 1995
- 36 -
Item V-L.$.
PUBLIC HF. ARING
ITEM # 39956
PLANNING
Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council APPROVED the
Application of JUAN ANDRES BURGOS for a l/arian¢¢ to Section 4.4(b) of the Subdivision Ordinance
which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance:
Appeal from Decisions of Admmistrattve Officers tn regard to certatn
elements of the Subdivision Ordinance, Subdivtsion for Juan Andres
Burgos. Property is located at 1336 Itolly Point Road. LYNNHAVEN
BOROUGH.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M Strayhorn
Council Members l/oting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
- 37 -
Item VI-L.4.
PUBLIC HEARING
ITEM # 39957
PLANNING
Attorney Robert Jones represented the applicant
Upon motion by Councilman Harrison, seconded by Councilman Dean, City Council APPROVED the
application of MRS. JOHN S. HILL on Albertha's Drive, Little Neck, for a Variance to Section 4.4 (d)
of the Subdivision Ordinance which requires all lots created by subdivision have &rect access to a pubhc
street.
Appeal from Decisions of Admimstrative Officers in regard to certain
elements of the Subdivision Orchnance, Subdivision for Mrs John S Hill.
Property is located on Albertha's Drtve LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy tC Parker and Loutsa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
October 24, 1995
- 38 -
Item VI-L.5.
PUBLIC HEARING
ITEM # 39958
PLANNING
Upon motion by Council Lady tlenley, seconded by Councdman ttarrison, C~ty Council ALLOWED
WITHDRAWAL of the Ordinances upon apphcat~on of ROBERT A. JONES for a Change of Zomng and
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT A JONES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA'IION FROM R-10 TO
B-2
Ordinance upon apphcation of Robert A Jones fi~r a Change of Zoning
District Classification from R-lO Residential District to B-2 Community
Business District on certain property located on the south side of Owl's
Creek Lane, 783.15 feet east of Gregory Lane The proposed zoning
classification change to B-2 is fi~r commerctal land use The
Comprehensive Plan recommends use of thts parcel for suburban medium
density residential at denstties that are compatible wtth single famtly use
in accordance with other plan policies. Said parcel contains 43.124
square feet. LYNNIIA VEN BOROUGII
AND,
ORDINANCE UPON APPLICAIION OF ROBERT A. JONES FOR A
CONDITIONAL USE PEILMIT FORA CONTI~AC~IORS STORAGE YARD
Ordinance upon apphcatton of Robert A Jo~tes for a Cond~ttonal Use
Permit for a contractors storage yard on the south s~de of Owl's' Creek
Lane, 783.15 feet east of Gregory Lane Sa~d parcel contains 43 124
square feet. LYNNtlA VIz, N BOROUGII
Voting:
10-0 (By ConsenO
Council Members Vottng Aye'
John A. Baum, Lmwood 0 Branch, III, Robert K Dean, Wdham W
Harrison, Jr., tlaroM tteischober, Barbara M Ilenley, Louts R Jones,
Mayor Meyera E Oberndorf. Nancy K Parker and Loutsa M Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
October 24, 1995
- 39 -
Item VI-L.6.
PUBLIC HEARING
ITEM # 39959
PLANNING
Upon motion by Council Lady Henley, seconded by Councilman Harrtson, City Council ADOPTED the
Ordinance upon Application of SHARON LEEPER GOLESH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SHARON LEEPER GOLESH
FOR A CONDITIONAL USE PERMIT R010951992
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of Sharon Leeper Golesh for a Conditional
Use Permit for boarding horses located 513 feet west of Dawley Road,
1030 feet more or less north of Gum Bridge Road. Said parcel is located
at 3943 Dawley Road and contains 23 75 acres PUNGO BOROUGH
The following conditions shall be required'
The maximum number of boarchng horses shall be maintained
at eighteen (18) or fewer
Hours of operation shall be front 8 a m to 8 p m. during the
months of November through March From April through
October, the hours of operatton shall be from 8 a.m to 9 p m.
All lighting on the site shall be dtrected reward and not
overflow onto adjoining properties.
Itorse riding lessons shall be given only by the applicant,
Sharon Golesh.
5. No outside speakers or sound systems shall be permitted.
The applicant shall asphalt the entrance drtveway from Dawley
Road to the facility by June 1, 1996.
These conditions shall remain irt effect for as long as the horse
boarding facility is tn operation One year from the date of
approval (October 1996), staff shall check to see tf these
conditions are being met and submit a report to City Counctl.
Input from adjacent property owners shall be solictted
This Ordinance shall be effecttve tn accordance wtth Sectton 107 (f) of the Zontng Orchnance
Adopted by the Council of the City of Virgtnta Beach, Virgmta, on the Twenty-fourth of October,
Nineteen Hundred and Ptine~_-Five.
October 24, 1995
Item VI-L.6.
PUBLIC HEARING
ITEM # 39959 (Continued)
PLANNING
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K~ Parker and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
Vice Mayor William D Sessoms, Jr.
October 24, 1995
- 41 -
Item VI-L. 7.
PUBLIC HEARING
ITEM # 39960
PLANNING
Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED the
Ordinance upon Application of ST. NICHOLAS GREEK ORTHODOX CHURCH for a Conditional
Permit:
ORDINANCE UPON APPLICATION OF SI' NICHOLAS GREEK
ORTHODOX CHURCtl FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R010951993
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of St Nicholas Orthodox Church for a
Conditional Use Permit for a church on the west side of First Colonial
Road, 310 feet south of Laskin Road Said parcel ts located at 621 Ftrst
Colonial Road and corttains 2 39 acres LYNNtlA VEN BOROUGH
The following condition shall be required'
In keeping with the Ctty's AICUZ regulations, norse attenuatton
measures are required tn the constructton of thts church. The
roof, ceiling and extertor walls shall have a minimum sound
transmission class (STC) of 44. Doors and windows shall have
a minimum of 38 STC
This Ordinance shall be effective in accordance with Sectton 107 (J) of the Zoning Ordinance.
Adopted by the Council of the Cgy of Virginia Beach, Virginia, on the Twen~_-fourth of October,
Nineteen Hundred and Nine~_ -Five.
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Robert K Dean, William W
Harrison, Jr., Harold tleischober, Barbara M Henley, Louis R Jones,
Mayor Meyera E Oberndorf, Nancy K Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Vice Mayor William D. Sessoms, Jr
October 24, 1995
- 42 -
Item VI-L.8.
PUBLIC HEARING
PLANNING
ITEM # 39961
Upon motion by Council Lady Henley, seconded by Councdman Harrison, City Council ADOPTED an
Ordinance upon application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN
OUTREACH CENTER, INC., FOR A CONDITIONAL USE PERMIT FOR
A GROUP HOME (addttion) R010951994
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Judeo-Christtan Outreach Center, Inc. for
a Conditional Use Permit for a group home (addition) on the south side
of Virginia Beach Boulevard, east of South Btrdneck Road Said parcel
is located at 1053 Virginia Beach Boulevard and contains 9 6 acres.
LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virgmta, on the Twcn~_-fourth o.f October.
Nineteen Hundred and Nine~_ -Five.
10-0 (By Consent)
Council Members V'oting Aye:
John A. Baum, Linwood O. Branch, III, Robert tC Dean, Willtam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy ~ Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms. Jr.
October 24, 1995
Item ~-M,
APPOINTMENTS
ITEM # 39962
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP
TRANSPORTATION SAFETY COMMISSION
October 24, 1995
- 44 -
tern Iq-O. 1.
NEW BUSINESS
ITEM # 39963
The City Attorney distributed copies of three (3) proposed May 1996 Referendum Questions re Changes
in the method of electing City Council Members
The City Attorney advised that a petition to the Court, requesttng a Referendum, must be made by January
First. If the decision is made sooner, it may be submitted to the Justice Department for preclearance.
Should the method of electing those members of Ctty Council who are
elected from residence distrtcts be amended from at-large system where
all of the voters of the Ctty cast a ballot for each Counc~lmember to a
ward system where only those voters' restdtng m a Councilmember's
district may cast a vote fi~r that Counctlmember?
YES NO
Should the City Counctlmember elected from each residence district be
elected by all qualified voters' of the C~ty (at large rather than only by the
voters of that district (ward)?
YES NO
Should those Councilmembers elected from residence districts (formerly
boroughs) be elected by all of the quahfied voters of the City at-large
rather than being elected only by the quahfied voters of a
Counc~lmember's district (a ward system)?
YES NO
The City Attorney requested City Council's guidance
October 24, 1995
- 45 -
Item VI-P.
CITY COUNCIL CONCERNS
ITEM # 39963
Mayor Oberndorf expressed concerns relattve the problem of towing. A young mother had her car towed
after she purchased an ice cream cone and then walked to the boardwalk with her two chtldren. She had
to walk to the compound with her children to retrteve her car She &d not have the $80 O0 cash and they
do not accept checks or cre&t cards. A gentleman who was vtszttng Virgmta Beach to take part in the
Korean War Ceremony had his car towed and his cost was $85 00. He ts going to WAVY 10 ON YOUR
SIDE, as the City purports to be a user friendly tourist desti~tatton On Sunday, young people who were
part of the Children's Sabbath, performed admtrably as volu~teers. I447de they were performing, the tow
truck arrived. If you arrive while they are hfimg your car to tow, it costs $25 00 to have them put ~t
down. It took a lot of adult persuasion to make them put the car down and not charge $25.00 Congress
passed legislation that prohibits locahties from being able to control towing fees. Mayor Oberndorf
discussed this with the City Attorney. Councilman Itarrtson advtsed he witnessed a similar occurrence in
front of the Dairy Queen. Council Lady Strayhorn advtsed this ts occurring not just at the Oceanfront in
the Beach Borough, but all over the City.
ITEM # 39964
Council Lady Henley referenced the Public ttearmg re General Assembly Joint Subcommtttee H JR 656
(dedicated funding source for regional transit) at Norfolk State Umversity on October 25, 1995.
Counctlman Dean had referenced this during the Ctty Cou,c~l Sesston of October 17, 1995 Counctl Lady
Henley was concerned the City had chosen not to parttctpate Flora Crtttenden had submttted legislation,
which would have allowed this particular regton to have a dedicated source of funding for transtt as in
Northern Virginia. This legislation proposed a 2% gas tax, whtch would be a de&cated funding source.
The General Assembly had voted to estabhsh a study commtttee By passing H JR 656, they established
this Subcommittee to review this question and consider what was proposed, not only by Ms Crittenden,
but other posstbilities. The Subcommtttee Members are Chatrman- Flora Crtttenden, Vtce Chairman -
Stanley Walker, Howard Copeland, Shtrley Cooper, Frank Wagner. Hunter Andrews, Frederick Quayle,
Joe Frank, Andrew Fine, John F. Malbon, and James T llopkins, III. Thu& there are a substantial
number of votes from Virginia Beach. If the City does not make some comment, Virginia Beach is losing
an opportunity. The whole tdea of this plan ts to at least cap what is being expended on transit by local
sources and possibly reduce same. One of the htgh priority ~tems of the C~ty ts mobdity for cttizens,
businesses and tourists, coordinatton of alternattve modes If the Ctty ts sertous, this' ts going to involve
more funding than our locahty has been able to '~pend. There needs to be some funding source. Federal
aid for transportation has been dechmng for years' It has decreased by 50% over the last decade and
only contributes 14% to the regional public transportatton system now The State fundtng ~s not there.
Hampton Roads receives 11% of State financial asststance for mass transtt Northern Virginia recetves
76% of State financial assistance for nmss transtt The City needs to comment
Council Lady Henley referenced the article re Welfare Reform and the Ptlot Program tn last weeks'
newspaper, one of the constraints of those attempting to gam employment and remove themselves from
welfare has been transportation.
Council Lady Henley advised she had been a member of the Transportation Alliance as a private citizen
since its inception approximately 3 years ago Council Lady Ile~tley wdl speak as a private cttizen at the
Public Hearing.
Council Lady Strayhorn, Member - Tidewater Transportation Commtsston, advtsed she just heard about
HJR 656 at the last TRT Meeting, on Wednesday, October 18, 1995 A representattve of TRT would speak
relative this dedicated funding source. Members' of the Ge~teral Assembly who are supposed to be on the
TRT do not attend the meetings. Counctl Lady Strayhorn advtsed she had expended months getting TRT
to agree to alter a route so the population of Brtdle Creek could have transportation to work.
October 24, 1995
- 46 -
Item VI-P.
CITY COUNCIL CONCERNS
ITEM # 39964 (Continued)
The City Manager suggested, rather than taking a posttion durtng tonight's City Council Session, to
forward a written position Council Lady Henley could advise the City would hke the opportunity to
present their written comments later.
Council Lady Henley advised the Subcommittee would meet Monday, November Twenty-seventh in the
Pentram Building in Hampton. The City Council couM btd~cate they would be submitting written comments
before November Twenty-seventh.
Councd Ixuty Parker requested information re the funds recetved from the COT-21 Program. Mayor
Oberndorf advised this fell short in handling all the transportatton needs' The Ctty chd not receive a fair
share based on the actual funds the Ctty had placed tn the Program.
Council Lady Henley referenced the major overall transportation study by TRT, and they wished to
SCHEDULE a presentation to City Council
October 24, 1995
- 47 -
Item VI-Q.
ADJOURNMENT
ITEM # 39965
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:30 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 24, 1995