HomeMy WebLinkAboutJANUARY 14, 1985 MINUTESCity o£ Vir¢inia Beach
"WORLD'S LARGEST RESORT CITY"'
MAYOR HAROLD HEISCHOBER, At Lin'ge
VICE. MA YOR REBA S. McCLAIVAN,
JO~ A. BAUM, B~t~
N~CY A. C~ECH, At
ROBERT E. FE~SS, Vi~ Beth ~g~
B~A~ M. ~LEY, ~o
H. JACK ~INGS, JR., L~
LOUIS R. JO~S, ~e
ROBERT G. JO~S, At ~ge
J. HENRY McCOY, JR., K~p~
ME~ E. OB~ORF, At
CITY COUNCIL AGENDA
RUTH HODGES SMITH, CMC, Cit~ Clerk
~8I CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA
January 14, 1985
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference R~ - 1 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. NOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
INVOCATION: Reverend Lamar Sentell
Calvary Temple
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGERmS ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of January 7, 1985.
G. PROCLAMATION
1. Community College Week - January 20-26, 1985
H. PLANNING
Ordinance closing, vacating and discontinuing a portion of
Old Holland Road consisting of a 60-foot unimproved right-
of-way containing 7,450-square feet in the petition of Larry
L. Reiter (Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
Ordinance closing, vacating and discontinuing a portion of
Ranger Street consisting of a 50-foot wide improved right-
of-way totalling 9,463-square feet in the petition of Roland
H. and Virginia L. Cop·land (Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for denial.
Ordinance to amend and reordain an Ordinance adopted August
20, 1984 by substituting a 50-foot drainage easement for a
200-foot drainage easement (Shorewood Associates).
(City Council approved scheduling consideration of the
requested amendment December 17, 1984.)
a. City Manager recommends approval.
Ordinance to amend and reordain Article 9, Section 931(c) of
the Comprehensive Zoning Ordinance pertaining to conditional
uses and structures (dormitory for marine-related
operations) in the B-4 Resort C~merclal Dlstrict.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Ordinance to amend and reordain Article 1, Section 111 of
the Comprehensive Zoning Ordinance pertaining to
definitions;
AND,
an Ordinance to amend and reordain Article 12, Sections
1200, 1201, 1202, 1203 and 1204 of the Comprehensive Zoning
Ordinance pertaining to floodplain regulations;
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of the Association of Maryland Pilots for a
conditional use permit for a dormitory for marine-related
operations on a 9,583-square foot parcel located on the
south side of Shore Drive, west of Vista Circle (Lynnhaven
Borough).
am
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of the Church of the Ascension for a conditional
use permit for an addition to an existing church on a 9.94-
acre parcel located on the west side of Princess Anne Road,
south of Baxter Road (Kempsville Borough).
(This application was expedited from the Planning Commission
on January 8, 1985.)
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of William R. McQulikln, Jr. and Patrick S.
McQuilkln for a conditional use permit for three single-
family dwellings in the AG-1 Agricultural District on 3.272
acres located south of the eastern terminus of Drum Point
Road (Pungo Borough).
(On December 10, 1984, City Council referred this
application back to the Planning Commission. On January 8,
1985, this application was expedited from the Planning
Commission to City Council.)
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of PHP Associates for a change of zoning from
R-5 Residential District to A-2 Apartment District on a
14.191-acre parcel located on the east side of South
Birdneck Road, north of Owls Creek Lane (Lynnhaven Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
10.
Application of Catholic Family and Children's Service for a
change of zoning from R-5 Residential District to 0-1 Office
District on a 1.5-acre parcel located west of Princess Anne
Road, south of Baxter Road (Kempsville Borough).
(This application was expedited from the Planning Commission
on January 8, 1985.)
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
11.
12.
Applications of T.C.C. Development Corporation for changes
of zonin9 on an undeveloped site located on the west side of
London Bridge Road, south of Harpers Road (Princess Anne
Borough):
From AG-1 Agricultural District to R-8 Residential District
on a 181.37-acre parcel;
From R-3 Residential District to R-8 Residential District on
a 113.33-acre parcel;
AND,
From R-8 Residential District to PD-H2 Planned Unit
Development District on a 333-acre parcel.
(These applications were deferred untit today on December
10, 1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Applications of David I. and Gale M. Levlne for changes of
zonin~ on an undeveloped parcel located along the north side
of Long Creek between North Great Neck Road and the Cape
Story by the Sea subdivision (Lynnhaven Borough):
From B-2 Community-Business District to B-4 Resort
Commercial District on a nine-acre parcel;
From B-2 Community-Business District to A-4 Apartment
District on an 8.7-acre parcel;
From A-1 Apartment District to B-4 Resort Commercial
District on a 29.6-acre parce;
From A-1 Apartment District to A-4 Apartment District on a
7.3-acre parcel;
From A-1 Apartment District to B-2 Community-Business
District on a 1.1-acre parcel;
From R-6 Residential District to B-2 Resort Commercial
District on a 9.8-acre parcel
AND,
a conditional use permit for housin~ for the elderly on a
34.4-acre parcel located north of Long Creek and east of
proposed relocated North Great Neck Road (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
RESOLUTIONS/ORDINANCES
1. General
a. Resolution authorizing an increase in rates for basic
service charged by Cox Cabte Vlrglnla Beach under
certain terms and conditions.
2. Bonds
a, Resolution approving the issuance of Special Revenue
Bonds from the Hampton Redevelopment and Housing
Authority in the amount of $5,000,000 to Apple Creek
Associates I of Vlrglnla Beach, Ltd.
b. Resolution authorizing the issuance and sale of
$21,230,000 General Obligation Public Improvement Bonds,
Series of 1985, of the City of Virginia Beach, Virginia,
heretofore authorized, and providing for the form,
details and payment thereof;
AND,
a Resolution authorizing the issuance and sate of
$6,240,000 General Obligation Water and Sewer Bonds,
Series of 1985, of the City of Virginia Beach, Virginia,
heretofore authorized, and providing for the form,
details and payment thereof.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution whereby the City of Virginia Beach
relinquishes alt of its rights, if any, to Lot 17,
Wolfsnare Acres, property of Doris Hale.
2. Ordinance to add Section 35-39 to the Code of the City of
Virginia Beach pertaining to the apportionment of taxes
when part of real estate becomes separately owned.
3. Ordinance to authorize a temporary encroachment into a
portion of City property used as a pump station site
located adjacent to Hay~ood Point Road to Doris Centrone,
her heirs, assigns and successors in title.
4. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Providence Road, to Turner
and Associates, its assigns and successors in title.
5. Ordinance appointing Viewers in the petition of
Runnington Investment Corporation for the closure of a
portion of 22nd Street (Lynnhaven Borough).
6. Ordinance appointing Viewers in the petition of S and C
Company for the closure of a portion of Sandra Lane
(Kempsville Borough).
7. Ordinance authorizing and directing the City Manager to
execute Cost Participation Agreements with Investors
Service Corporation for water and sewer facilities.
8. Request of the City Treasurer for tax refunds in the
amount of $237.60.
K. APPOINTMENTS
1. Tidewater Detention Home
L. UNFINISHED BUSINESS
1. Request withdrawn for waiver of condition placed on a
conditional use permit for Indian Circle Townhouses by
Leslie Terry and Roger Cahoon.
(This matter was scheduled for today on December 3,
1984.)
NEW BUSINESS
1, Presentation:
Buchanan
2. Bond Referendum
"Virginia Beach Tomorrow" - Dr. E. T. "Joe"
N. RECESS OF COUNCIL
1. Appointee Evalution
O. ADJOURNMENT
1. Motion to adjourn.
-5 -
Item II-F.1
MINUTES
ITEM # 23066
Upon motion by Councilwoman Oberndorf, seconded by Counclman Louis Jones,
City Council AMENDED the Minutes of January 14, 1985 as follows:
Vice Mayor McCianan requested the following be added:
ITEM # 23042 (ORDINANCES UPON APPLICATION OF T.C.C. DEVELOPMENT
CORPORATION FOR CHANGES OF ZONING FROM AG-1 TO R-5 (AS MODIFIED),
FROM R-3 to R-5 (AS MODIFIED) AND FROM R-5 (AS MODIFIED) TO
PD-H2.
Page 17 - After "...R-8 R-5 (AS MODIFIED) ..." insert the
following:
"according to the PD-H2 Plan dated October 1983, revised
October 8/25 and December 21 and received in Planning on
December 21, 1984."
The reason for this addition was that the PLAN City Council
had in their AGENDA was different from the one ADOPTED.
Page 18 - Add CONDITION No. 4 as per the following:
The applicant agrees, according to an asreeement
dated January 14, 1985, and in addition to the
above conditions, that no development will occur
on any portion of the property until after January
1, 1986, nor shall there be any apartments developed
on any portion of the property.
Page 19 - After "... (AS MODIFIED) TO PD-H2..." insert
the following:
"including the PD-H2 Rezoning Plat as referenced previously on
page 17"
(said Rezoning Plat of Fisher Farm for T.C.C. Development
Company is hereby made a part of the record.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 21, 1985
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 14, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, January 14, 1985, at 12:30 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Councilman McCoy entered the EXECUTIVE SESSION at 12:48 p.m.
January 14, 1985
- 2 -
ITEM # 23029
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Hnery McCoy, Jr., D.D.S.
January 14, 1985
-3 -
REGULAR SESSION
VIRGINIA BEACH CITY COUNCIL
January 14, 1985
2:00 p.m.
Mayor Harold Heischober called the Regular Session of the Virginia Beach
City Council to order in the Council Chambers, City Hall Building, on
Monday, January 14, 1985, at Two O'Clock in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Lamar Sentell
Pastor
Calvary Temple
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 14, 1985
-4-
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.!
PUBLIC IMPROVEMENT BONDS/
WATER AND SEWER BONDS
ITEM #23030
The City Manager advised Council of a trip to New York City on Thursday,
January 17, 1985. The City Manager will be accompanied by Giles Dodd,
Assistant City Manager for Administration, Aubrey V. Watts, Jr., Deputy
City Manager for Development, James DeBellis, Director of Economic Development,
J. Dale Bimson, City Attorney, and Richard Dunford, Assistant to the Director
of Finance. This group will be visiting with a number of companies interested
in purchasing the City's PUBLIC IMPROVEMENT BONDS and the WATER AND SEWER BONDS.
January 14, 1985
- 5 -
Item II-F.1
MONUTES
ITEM #23031
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council APPROVED the Minutes of January 7, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
- 6-
Item II-G.1
PROCLAMATION
ITEM # 23032
Mayor Heischober PROCLAIMED the week of January 20-26, 1985 as
COMMUNITY COLLEGE WEEK
This PROCLAMATION recognized the contribution made by Tidewater Community
College as serving the region since 1968 and providing accessible, low cost,
post secondary, educational opportunities to citizens of the City of Virginia
Beach.
This PROCLAMATION was accepted by Dr. Michael F. LaBouve, Provost, Tidewater
Community College - Virginia Beach Campus, and Dr. E. T. Buchanan, Dean of
Student Services, Tidewater Community College - Virginia Beach Campus.
January 14, 1985
- 6a -
WHEREAS, the very concept of community colleges was conceived
by a Virginian, Thomas Jefferson, who thought to better educate the
peopIe and enable them to protect their newly gained rights by
creating institutions of higher iearning within a day's horseback
ride; and
WHEREAS, in 1966 the Virginia State Legislature created the
Department of and State Board for the establishment and maintenance
of statewide system of comprehensive community colleges; and
WHEREAS, the 23 community colleges in the system make available
a wide range of programs and servlces to every citizen in Virginia
at minimal cost; and
WHEREAS, these institutions have provided hundreds and thousands
of Virginians with the skills needed for good Jobs, college transfer
courses, counseling services and a variety of cultural services, servinc
more than 250,000 citizens each year; and
WHEREAS, it is appropriate that the people of Virginia recognize
the contributions of thelr community colleges, support these institu-
tions, and promote publlc awareness of the services available to our
citizens; and
WHEREAS, Tidewater Community College has served the region since
1968, providing accessible, low cost, post secondary educational oppor-
tunities to citizens of the City of Vtrglnla Beach.
NOW, THEREFORE, I, Harold Hetschober, Mayor of the City of Virgini~
Beach do hereby proclaim the week of January 20-26, 1985 as
COMMUNITY COLLEGE WEEK
in the City of Virginia Beach and commend TCC for its outstanding servic
to the cttlzens of our community.
Given under my hand and seal this
Fourteenth Day of January, Nineteen
Hundred and Eighty-five.
Harold Heischober
Mayor
January 14, 1985
- 7 -
Item II-H. 1
PLANNING
ITEM # 23033
Attorney Lorin Hay represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to final approval in 180 days, an Ordinance
for the discontinuance, closure, and abandonment of a portion of Old Holland
Road in the petition of LARRY L. REITER.
Application of Larry L. Reiter for the discontinuance~
closure and abandonment of a portion of Old Holland
Road beginning at a point 250 feet more or less west
of Table Rock Road and running along the southern
boundary of Lot 29, Block E, Windsor Oaks West. Said
parcel is 50 feet in width and contains 6,400 square
feet more or less. KEMPSVILLE BOROUGH.
Approval shall be subject to the following:
The ultimate disposition of this right-of-way shall be by
means of purchase rather than direct conveyance to the
adjoining property owner, subject to determination by the
City Attorney's Office.
Resubdivison of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as well as to insure that all lots have access
to a public street.
Dedication of a 20-foot utility easement over the existing
water line located in the area proposed for closure.
e
Provision of appropriate easements for existing VEPCO
facilities located in the area proposed for closure.
The closure of this right-of-way shall be contingent
upon compliance with the above stated conditions within
180 days of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
- 7a-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH KNOWN AS OLD
HOLLAND ROAD, LOCATED IN THE BOROUGH
OF VIRGINIA BEACH, VIRGINIA, AS SHOWN
ON THAT CERTAIN EXHIBIT ENTITLED,
"OLD HOLLAND ROAD SHOWING A PORTION OF
OLD HOLLAND ROAD", VIRGINIA BEACH,
VIRGINIA, WHICH EXHIBIT IS RECORDED
IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Larry L. Reiter and Kathryn Reiter, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on
, 1984, to have the hereinafter
described street disco:-~tinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Old Holland Road beginning at a point at the North West corner
of Lot 29, Block E, Section 1, Part Two Windsor Oaks West said
point being the intersection of the said Lot 29 and the
northern corner of the .03 acres shown on that exhibit entitled
property to be acquired by Larry L. and Kathryn A. Reiter from
the City of Virginia Beach, from said point of beginning running
S62°39'38"E along the southern property line of the said Lot 29,
a distance of 38.92 feet to a point, thence S62°39'38''E a distance
of 89.27 feet along the sRuthern property line.of Lot 29 to a
point, thence running S28~33'56"W a distance of approximately
67 feet to a point thence turning and running in a westerly
direction along the southern edge of Old Holland Road a
distance of approximately 128 feet to a point thence running
N21--15'22"E 66.72 feet to the point of beginning.
January 14, 1985
- 7b -
Said parcel of land being a portion of Old Holland Road as
indicated on that certain exhibit, which exhibit is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book , at Page , and which
is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
(CITY ATTORNEY WILL FILL THIS SECTION IN AT A LATER DATE)
January 14, 1985
-8-
Item II-H.2
PLANNING
ITEM # 23034
Attorney Richard Lowery represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to final approval in 180 days, an Ordinance
for the discontinuance, closure and abandonment of a portion of Ranger Street
in the petition of ROLAND and VIRGINIA L. COPELAND.
Application of Roland H. and Virginia L. Copeland for the
discontinuance, closure and abandonment of a portion of
Ranger Street beginning at the eastern boundary of Maralon
Drive and running in an easterly direction a distance of
189.25 feet. Said parcel is 50 feet in width and contains
9,463 square feet, KEMPSVILLE BOROUGH.
Approval shall be subject to the following conditions:
The ultimate disposition of this right-of-way shall be by
means of purchase rather than direct conveyance to the
adjoining property owner, subject to determination by the
City Attorney's Office.
J
Resubdivision of the property and vacation of interal lot
lines to incorporate the closed area into adjoining parcels.
Dedication of a pedestrian easement.
4. Dedication of appropriate easement for the sewer line.
The closure of this right-of-way shall be contingent upon
compliance to the above conditions and FINAL APPROVAL by
City Council within 180 days.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
- 8a -
ORDINANCE N3.
IN THE ~.'~TTER OF CLOSING, VACATING, AND
DISCONTINUING A POdTION OF THAT CERTAIN
ST~EET OF WIDTH ~F 50 FEET KNOWN AS ~.~ANGE~
ST~EET, LOCATED IN T~ ~SVILLE B~i~0UGH
~F THE CITY '~F VIRGINIA BEACH, VI¥~GINIA, AS
SH ~'.~',/N _~N THAT CE2TAIN PLAT ENTITLED, "PLAT
SH~,~?~ING P~0P~SED STREET CLOSING 0F P~qT 0F
i~'.ANGE~ ST:fEET, AVALON VILLA, ~SVILLE
B~,
~ ~ ~a, VI~GINIA BEACH, VIf~GINIA, FOR
l"
ROLAND H. COPELAND oC~ = 40' DATED
AUGUST 4, 1984 BY J~'~S C. HIC~N, LAND
SU~VEY~R VI'~GINIA BEACH VI~'{GINIA ~84
650 PLAT ~ECORDED IN VI~GINIA BEACH,
VIRGINIA Y~P B D)K 85 PAGE 41)
WHEREAS, it appearing by affidavit that prooer
notice has been given by Roland H. Copeland and Virginia
L. Copeland, that it would make application to the
Council of the City of Virginia Beach, Virginia, on
September 10th, 1984, to have the hereinafter described
street discontinued, closed, and vacated; and
?~H~im~EAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated;
N~oh~ THE 2EF021~ ,
SECTION
Big IT O.~DAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described
street be discontinued, closed and vacated,
~anger Street beginning at a point on the_
East side of Naralon Drive and thence N 4~
33' E a distance of 50.00 feet to a ooint
along Rightoof Way of Naralon Drive and
thence S 85 27' ~ for 189.25 feet ~o a point,
wheEe the open part of iqanger St. ends, thence
S 4~ 33' ¥! for a distance of 50 feet, to a
point, thence North 85 27' ~iV for a distance
of 189.25 feet to the point of beginning.
(Portion to be vacated is designated as
9412.5 square feet of 2anger Street.) All
the above, as shown upon that certain plat
entitled "Plat showing orooosed street closing
of part of Ranger Street, Avalon Villa, Kempsville
Borough, Virginia Beach, Virginia for Roland H.
Copeland Scale l"
' 40' dated August 4, 1984 by
James C. Hickman, Land Surveyor, Virginia Beach,
Virginia (#84-650 plat recorded in Mao Book 85
page 41)
Which olat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforedescribed street.
January 14, 1985
- 8b -
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTI ON III
January 14, 1985
-9 -
Item It-H.3
PLANNING ITEM # 23035
Dennis Gerwitz, Engineer with John E. Sirine and Associates, represented
the applicant
Joel Copeland, Principal of Shorewood Associates, represented the applicant
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN AN ORDINANCE
ADOPTED AUGUST 20, 1984 BY SUBSTITUTING A 50-
FOOT DRAINAGE EASEMENT FOR A 200-FOOT DRAINAGE
EASEMENT.
This Ordinance concerned the request of SHOREWOOD ASSOCIATES for a reduction
in the drainage easement requirement. (Ordinances upon application of SHOREWOOD
ASSOCIATES for Changes of Zoning from AG-1 to R-8 and from AG-2 to R-8 ADOPTED
by City Council on August 20, 1984).
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
City Council inquired concerning the policy to be presented regarding reduction
of pollutants to major waterways.
City Council also requested an estimate on the life of drainage easements before
it becomes necessary for the City of Virginia Beach to maintain same.
An interim solution to the question of pollutants to Lake Bradford will be
presented to City Council during its meeting of January 21, 1985. Director
of Public Works, C. Oral Lambert , Jr., will also be present to answer Council
inquires.
January 14, 1985
- 9a -
AN ORDINANCE TO AMEND AND REORDAIN
AN ORDINANCE ADOPTED AUGUST 20, 1984
BY SUBSTITUTING A 50 FOOT DRAINAGE
EASEMENT FOR A 200 FOOT DRAINAGE
EASEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT the following amendment is to be substituted as
follows:
A dedication along Old Dam Neck Road to provide for
an ultimate 66 foot right-of-way as per the Master
Street and Highway Plan.
A dedication along the eastern and southern boundary
of this property for an ultimate 399 50 foot wide
drainage easement as per the Master Drainage and
Canal Plan
A dedication for a 66 foot wide north-south collector
street as per the Master Street and Highway Plan.
This ordinance shall be effective from date of adoption.
January 14, 1985
ADOPTED:
APPROVED AS TO COMTr-HT
DE?,\R1/,AENT
D AS
._41¢lf b
JDB: er
1-2-85
January 14, 1985
- 10-
Item II-H.4
PLANNING
ITEM # 23035
N. B. Newbill, Architect, for Association of Maryland Pilots
Harry Prechtel, Vice President of the Association of Maryland Pilots
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED the following Ordinance:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTION
931 (c) OF THE COMPREHENSIVE ZONING ORDINANCE PER-
TAINING TO CONDITIONAL USES AND STRUCTURES IN THE
B-4 RESORT COMMERICAL DISTRICT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, Henry McCoy, Jr., D.D.S.~
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
*Verbal Aye
January 14, 1985
- lOa-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 931(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO CONDITIONAL USES AND STRUCTURES
IN THE B-4 RESORT COMMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 931, Use regulations, of the C.Z.O. be amended and
reordained in part as follows:
(c) Conditional uses and structures:
(2)
(3)
(4)
(5)
Dormitories for marine pilots;
Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; day
care centers, other than those covered under permitted
principal uses and structures hereinabove, when not
operated by a public agency;
Home occupations;
Marinas, including facilities for storage and repair
of boats and sale of boating supplies and fuel.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of January ,x~ 1985
--~AP~';ROV'- ED AS ~0
January 14, 1985
- 11-
Item II-H.5
PLANNING
ITEM # 23036
Upon motion by Councilman Baum, seconded by Concilman Jennings, City Council
ADOPTED the following Ordinances, with CORRECTIONS:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF
THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITIONS;*
ORDINANCE TO AMEND AND REORDAIN ARTICLE 12, SECTION 1200,
1201, 1202, 1203 AND 1204 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO FLOODPLAIN REGULATIONS.*
*Vice Mayor McClanan noted several necessary typographical corrections.
These corrections are identified on page ll(a) herein.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.~
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
*Verbal Aye
January 14, 1985
- lla-
Item II-H.5
PLANNING
ITEM # 23036 (Continued)
ARTICLE 1, SECTION 111, PERTAINING TO DEFINITIONS:
Line Ten shall correctly read:
"Flood. A general and temporary condition of partial or complete ~m-~m~ae~em
inundation of normally dry land areas from: ..."
Paragraph beginning on Line Seventeen should be moved directly under Section
(c) and the (i) eliminated as per the following:
"(c) Mudslides (i.e., mudflows) which are proximately caused or precipitated
by accumulations of water on or under the ground.
The collapse or subsidence of land along the shore of a lake or ..."
Page Two, line two should correctly read:
"...equalled or exceeded in any given yearT, also referred to as "Base Flood" or
Intermediate Level Flood~
ARTICLE 12, SECTIONS 1200, 1201, 1202, 1203 and 1204, PERTAINING TO FLOODPLAIN
REGULATIONS:
Line Sixteen, Section 1203 (a) should correctly read:
"..levels within the community during the eeme~emee occurrence of the base flood..."
Line Five, Sction 1203 (b), should correctly read:
"...and to offer minimum obstruction to flood flow. The lowest ~R
floor..."
January 14, 1985
ADOPTED AS CORRECTED
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE l, SECTION lll
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article l, Section lll, Definitions, of the C.Z.O. be amended and
reordained in part as follows:
Coastal High Hazard Area. The area subject to high velocity waters, in-
cluding but not limited to hurricane wave wash or tsunamis. The area is
designated on a flood insurance rate map (FIRM) as Zone Vl-30.
Development. Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredg-
ing, filling, grading, paving, excavating, or drilling operations.
Flood. A general and temporary condition of parti'al or complete inunda-
tion of normally dry land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from
any source.
(c) Mudslides (i.e., mudflows) which are proximately caused or precipitated
by accumulations of water on or under the ground.
The collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforseeable event which results in
flooding as defined in (a) of this section.
Mobile Home. A structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers. The term includes, but it
is not limited to, the definition of "mobile home" as set forth in regulations
governing the Mobile Home Safety and Construction Standards Program.
Mobile Home Park or Mobile Home Subdivision. A parcel (or contiguous parcels)
of land divided into two or more mobile home lots for rent or sale which in-
clude facilities for servicing the lot on which the mobile home is to be
affixed, including at a minimum the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction of streets.
One Hundred (100) Year Flood. The flood having an one percent chance of being
equalled or exceeded in any given year, also referred to as "Base Flood" or
Intermediate Level Flood.
Regulatory Floodway. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than
a designated height.
Substantial Improvement. Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either, (a) before the improvement or repair is
started, or (b) if the structure has been damaged, and is being restored,
being the damage occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either (1) any project for improvement
of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living
conditions or (2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic Places.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14
day of January , 1985.
January 14, 1985
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 12
SECTIONS 1200, 1201, 1202, 1203 AND 1204
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO FLOODPLAIN REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 12, Section 1200, Legislative Intent, of the C.Z.O. be
amended and reordalned in part as follows=
Sec. 1200. Leglslative Intent
The purpose of this section is to establish and Identify those
areas to be known as the floodplain and which would be subject to
special regulations. These ordinances are Intended to Implement a
policy of protecting the natural floodplains in the city by requiring
that any fllllng operations taking place maintaln the same flood storage
capability and storm water flow characteristlcs as those that naturally
exist. The purpose of establishing such areas is to protect life
and property, to reduce public costs for flood control, rescue and
relief efforts, and construction and maintenance of man-made drainage
facilities, to preserve the highest possible level of water quality
in the waterways of the area, and to support and conform to the National
Flood Insurance Program.
That Article 12, Section 1201, Establishing the Floodplain Areas,
of the C.Z.O. be amended and reordained In part as follows:
Sec. 1201. Establishing the Floodplain Areas.
The floodplain shall Include areas subject to Inundation by waters
of the one hundred (100) year flood. The basis for the delineation
of these areas shall be the Flood Insurance Study for the City of
Virginia Beach prepared by the U. S. Federal Emergency Management
Agency, Federal Insurance Administration, dated July 17, 1984 and
subsequent revisions. Any land Included within a floodplain shall
be subject to the use regulations and the special requirements relating
to floodways and flood fringes as set forth in this article, provlded
that any permitted development Is further subject to all federal and
state rules and regulations. The floodplain shall be established
In conformance with the definition of floodway and flood fringe.
(a) The "regulatory floodway" Is delineated for purposes of
thls ordinance using the criteria that a certain area within the floodplain
must be capable of carrying the waters of the one hundred (100) year
flood without Increasing the water surface elevation of that flood
more than 1-foot at any point. These areas are specifically defined
in Table 4 of the above referenced Flood Insurance Study dated July
17, 1984 and shown on the accompanylng Flood Boundary and Floodway
Nap, which is a part of the Flood Insurance Study which Is declared
to be a' part of this ordinance and which shall be kept on file at
the Office of the City Engineer.
(bi The flood fringe shall be that area of the lO0-year floodplain
not Included in the floodway. The basis for the outermost of this
area shall be the one hundred (100) year flood elevatlons contained
In the flood profiles of the above referenced Flood Insurance Study
and as shown on the above referenced Flood Boundary and Floodway Map.
(c) The approximated floodplain shall be that floodplain area
for which no detailed flood proflles or elevations are provlded, but
where a one hundred (100) year floodplain boundary has been approximated.
Such areas are shown on the maps accompanying the above referenced
flood Insurance study. In determining the necessary elevations for
the purposes of thls ordinance, other sources of data may be used
such asr
(i) Corps of Engineers - Floodplain Informa, lon Reports
(Ii) U. S. Seologlcal Survey - Flood Prone 9uadrangles
(Iii) U.S.D.A., Soil Conservation Servlce - Flood Hazard Analyses
(Iv) Known high water marks from past floods
(vi Other sources~ e.g. hydrologic and hydraulic analysis by pro-
fessional engineer
(d) The coastal high hazard area shall be those portions of
the floodplaln subject to Inundation by high velocity waters and wave
action and ldentlfled as V zones on the maps accompanying the above
referenced flood Insurance study.
(e) Where no regulatory floodway has been mapped the floodway
shall be deemed to consist of any and all areas of marsh, swamp, or
permanently saturated soils as further defined in Section 111 of this
ordinance.
(fi Inltlal Interpretations of the boundaries of the floodplaln
shall be made by the city engineer. Any person agrleved by the decision
or determination of the city engineer may appeal same to the Board
of Zoning Appeals. Such appeal shall be taken within 30 days after
the decision appealled~ by filing the appropriate notice as referenced
in Sec. 15.1-496.1 of the Code of Virginia.
That Article 12~ Section 1202~ Use Regulations, of the C.Z.O. be
amended and reordalned In part as follows=
Sec. 1202. Use Regulations.
All uses, activltles, and development occurring within any floodplain
shall be undertaken only upon the Issuance of a permlt. Such development
shall be undertaken only in strict compllance wlth the provisions
of this ordinance and with all other applicable codes and ordinances
such as the Virginia Uniform Statewide Bulldlng Code. Prlor to the
Issuance of any such permit, the permit offlclal shall require all
applications to Include compliance with all applicable state and federal
Iaws.
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other dralnage faclllty or system.
Prlor to any proposed alteration or relocation of any channel
or of any watercourse, stream, etc., the State Water Control Board
shall be notlfled. Further, notification of the proposal shall be
given to all affected adjacent municipalities. Copies of such notlfl-
cations shall be forwarded to both the State Water Control Board and
the Federal Insurance Administration.
(a) In the floodway areas of the floodplain, the following uses
and structures may be permltted, subject to the requirements of this
article:
(1) Publlc and private outdoor recreational facllltles~
(2) Agricultural uses, Including farming, grazing and the raislng
of poultry or livestock; provided, that poultry or livestock shall
not be housed within flve hundred (500) feet of any residential, apartment
or hotel district.
(3) Open uses, such as off-street parking or Ioadlng and unloading
areas related to uses In adjoining districts;
(4) Commercial mlning, soil removal and sand pits, subject to
regulations appllcable to extractive Industrles as set forth in the
condltlonal use provisions;
(5) Public Improvements, such as dams, levees and channel Im-
provements, and utilities lnstallatlons and substations, Including
temporary storage of materials, except flammable, toxic or noxious
materials, and temporary location of maintenance installations.
(6) Uses and structures customarily accessory and clearly incidental
and subordinate to uses listed above, Including in connection with
agricultural uses~ roadside stands for the sale of agriculture products
produced on the premises; provided that=
(i) Only one such stand shall be permitted per lot,
(ii) No such stand shall exceed five hundred (500) square feet
In flood area, and
(!11) No such stand on the street frontage shall be erected wlthln
twenty (20) feet of the property line.
(b) In the flood frlnge and approximated floodplain areas of
the fl oodplainw land shall be subject to the use regulation of the
approprlate zoning district as well as the speclal regulations relating
to flood fringe and approximated floodplain as set forth in thls article.
That Artlcle 12, Section 1203, Special Requlrements Applicable
to the Floodplain, of the C.Z.O. be amended and reordained in part
as follows=
Sec. 1203. Special Requirements Applicable to the Floodplaln.
(a) Regulation of floodways. Any provlsion to the contrary
notwlthstandlngw no use or structure or substantial Improvement to
Ean] exlstlng structure shall be permitted in any floodway If such
use or structure or substantial Improvement will adversely affect
normal flood flow~ or will Increase flooding of lands above or below
the property~ or will Increase erosion withln or adjoining the floodway~
or wlll cause dlversion of flood waters In any manner more likely
to create damage than does flow In a normal course~ or will Increase
peak flows or velocities In a manner likely to lead to added property
damage or hazards of Ilfe~ or will Increase amounts of damaging materials
(including those likely to be InJurlous to health) which might be
carrled downstream In floods. Encroachments~ Including fill, new
construction~ substantial improvements~ and other development within
the regulatory floodway that would result In any Increase In flood
levels wlthln the community during the ~ccurrenca of the base flood
discharge is speclflcally prohibited. No varlance shall be granted
for any developmentw use~ or activity within any regulatory floodway
that would cause any Increase In flood heights. The placement of
any mobile home~ except In an existing mobile home park or mobile
home subdlvlslon~ wlthin the regulatory floodway is specifically pro-
hlblted.
(b) Regulation of flood frlnges and approximated floodplain.
Every structure or substantial Improvement to [an] existing structure
permltted In the flood fringe and approximated floodplain shall be
so located, elevated, and constructed as to reslst floatatlon [flotation]
and to offer mlnlmum obstruction to flood flow. The lowest floo~
(lncludlng basement) of every structure shall be a minimum of one
foot above the elevation of the floodplain except as provlded for
In Section 4.1.B.4 of the Site Plan Ordinance. No use shall be permitted
If such use wlll Increase the amounts of potentially damaging materials
(Including those likely to be injurious to health) which might be
carried downstream In floods.
(c) Floodplains subject to special restrictions. Notwlthstandlng
provlslons of this ordlnance to be contrary, there shall be no filling
permitted for the purpose of altering the contour of the land and
that would decrease the flood storage capacity or adversely affect
storm water flow condltlons as determined upon review by the city
engineer except for the purpose of roadway construction or other slmllar
public works constructlon~ and except to provide the minimum amount
of fill to assure adequate functioning of a septic tank system, In
any of the following floodplains:
(1)
Parkway;
North Landing Rlver and Its tributaries south of Lynnhaven
(2) West Neck Creek and Its tributaries south of Shipps Corner
Road and London Bridge Road; and
(3) Bays and creeks comprising the Back Bay system south of
Dam Neck Road and east of Princess Anne Road.
That Artlcle 12, Section 1204, Special Requirements Applicable
to C~3astal Areas, of the C.Z.O. be amended and reordaln as follows=
Sec. 1204. Special Requirements Applicable to Coastal Areas.
Sand dunes, barrier beaches and other natural protective barriers
shall remain Intact to provide protection against wind, waves, and
eroslon damage. Removal of such barriers will be allowed only If
the landowner agrees to construct artificial barriers In their place,
such as seawalls, bulkheads, jetties, or groins, provldlng an equal
or greater protection from wind, wave, and water action.
(a) Coastal High Hazard Area. In the coastal high hazard area
(Zones VI-30), the following regulations shall apply In addition to
the regulations cited above=
(1) No land below the level of the one hundred (100) year tidal
flood may be developed unless the new construction or substantial
Improvement:
(i) is located landward of the reach of the mean high tide~
(il) Is elevated on adequately anchored piles or columns, and securely
anchored to such plies or columns so that the lowest portion of the
structural members of the lowest floor is elevated to at least one
(1) foot above the one hundred (100) year tidal flood level~
(Iii) has been certified by a registered professional engineer or
architect that It ls securely anchored to adequately anchored pilings
or columns In order to withstand velocity waters and hurricane wave
wash;
(iv) has no basement and has the space below the lowest floor free
to obstructions or Is constructed with "breakaway walls" Intended
to collapse under stress without Jeopardizing the structural support
of the structure so that the Impact on the structure by abnormally
high tides or wlnd-drlven waters Is minimized. Such temporarlly enclosed
space shall not be used for human habitation;
(v) does not utilize fill for structural support of buildings
or structures.
(2) In the coastal hazard area of the floodplaln~ land shall
be subJect'to the use regulations of the appropriate zoning dlstrlct,
as well as the special regulations relating to coastal hlgh hazard
areas as set forth in this article, Existing nonconforming uses and/or
structures located on land below the level of one hundred (100) year
tidal flood shall not be expanded.
(3) The placement of mobile homes, except in exlstlng mobile
ho~e parks and subdlvlslons Is strlctly prohibited.
(4) The man-made alteration of sand dunes which would Increase
potential flood damage is prohibited,
ADOPTED AS CORRECTED -- January 14, 1985
-12-
Item II-H.6
PLANNING
ITEM # 23037
N. B. Newbill, Architect, for Association of Maryland Pilots
Harry Prechtel, Vice President of the Asociation of Maryland Pilots
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of the ASSOCIATION OF MARYLAND
PILOTS for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ASSOCIATION OF MARYLAND
PILOTS FOR A CONDITIONAL USE PERMIT FOR A DORMITORY
RO185704
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Association of Maryland
Pilots, for a Conditional Use Permit for a dormitory
for marine related operations on certain property lo-
cated on the south side of Shore Drive, 320 feet more or
less west of Vista Circle and is shown as Parcel B-1 on
the Plat entitled "Subdivision of Parcel B, Subdivison of
Property of Anne M. Braithwaite & Henry S. Braithwaite,
Jr." on file in the Department of Planning. Said parcel
contains 9,583 square feet. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of January, Nineteen Hundred and Ei~hty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
Item II-H.7
PLANNING
ITEM # 23038
Reverend William Dale, Pastor of Church of the Ascension
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of CHURCH OF THE ASCENSION
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF CHURCH OF THE ASCENSION
FOR A CONDITONAL USE PERMIT FOR AN ADDITION TO AN
EXISTING CHURCH RO185705
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Church of the Ascension,
for a Conditional Use Permit for an addition to an
existing church on certain property located on the
west side of Princess Anne Road, 640 feet more or
less south of Baxter Road. Said parcel is located
at 4853 Princess Anne Road and contains 9.94 acres.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
- 14 -
Item II-H.8
PLANNING
ITEM # 23039
Attorney William Wahab represented the applicant
Patrick S. McQuilkin, the applicant, represented himself
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of WILLIAM R. McQUILKIN, JR.,
and PATRICK S. McQUILKIN for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF WILLIAM R. McQUILKIN, JR.
AND PATRICK S. McQUILKIN, FOR A CONDITIONAL USE PERMIT
FOR THREE SINGLE FAMILY DWELLINGS
RO185706
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of William R. McQuilkin, Jr.,
and Patrick S. McQuilkin, for a Conditional Use Permit
for 3 single family dwellings in the AG-1 Agricultural
District on certain property located 558 feet south of
the Eastern terminus of Drum Point Road. Said parcel
contains 3.272 acres. Plats with more detailed infor-
mation are available in the Department of Planning.
PUNGO BOROUGH.
The following condition shall be required:
Standard subdivison requirements as determined by City
Staff, including a suitable road to the site, including
street lights, cul-de-sac and necessary drainage im-
provements.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of January, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
January 14, 1985
None
Item II-H.9
PLANNING
ITEM # 23040
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of PHP ASSOCIATES,
for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF PHP ASSOCIATES, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
TO A-2
Ordinance upon application of PHP Associates, for a
Change of Zoning District Classification from R-5 Resi-
dential District to A-2 Apartment District on certain
property located on the east side of S. Birdneck Road,
870 feet more or less north of Owl's Creek Lane. Said
property is known as Parcels 566, 567, and 568 as shown
on the plat entitled "Plat of Department of the Navy,
Atlantic Division" and recorded in Map Book 173, Page 73
and a parcel shown as "Parcel of John H. Johnson" and
recorded in Deed Book 108, Page 402. Said parcels con-
tain 14.191 acres. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley~ H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 14, 1985
Item II-H. 10
PLANNING
ITEM # 23041
Attorney Anthony M. Thiel represented the applicant and REQUESTED DEFERRAL
of the application
Reverend William J. Dale, represented the applicant but did not speak
Freda Stanley, President of the Catholic Family and Children's Service Board
of Directors, represented the applicant
Howard Tawney, property owner adjacent to the applicant, spoke in
opposition
Gary Lichty, property owner, spoke in opposition.
The City Clerk referenced the letter dated January 9, 1985 from Attorney
Anthony M. Thiel, requesting DEFERRAL of the application (said letter is
hereby made a part of the record).
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council
DEFERRED until the City Council Meeting of February 25, 1985, an Ordinance upon
application of CATHOLIC FAMILY AND CHILDREN's SERVICE for a Change of Zoning
per the following:
ORDINANCE UPON APPLICATION OF CATHOLIC FAMILY AND CHILDREN'S
SERVICE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 to O-1
Ordinance upon application of Catholic Family and Children's
Sevice for a Change of Zoning District Classification from R-5
Residential District to O-1 Office District on certain propety
located 300 feet west of Princess Anne Road, 480 feet more or
less south of Baxter Road. Said parcel contains 1.5 acres.
Plats with more detailed information are available in the De-
partment of Planning. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
- 17-
Item II-H.11
PLANNING
ITEM # 23042
Attorney Grover Wright represented the applicant
Opposition:
Lou Pace, Hunt Club Forest Civic Association
Ray Duell, President of the Lake Placid Civic League
Barbara Ferguson, President of Hunt Club Forest Civic Association
Mary Lou Mansfield, Vice President of Pine Ridge Civic League. She distributed
a petition in opposition to the development of Fisher Farms by TCC Corporation
(said petition contained 143 signatures and is hereby made a part of the record).
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED Ordinances upon application of T.C.C. DEVELOPMENT CORPORATION
for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO
R-8 R-5 (AS MODIFIED) Z0185929
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of T.C.C. Development Corp., for
a Chanse of Zonin~ District Classification from AG-1 Agricul-
tural District to R-8- R-5 (AS MODIFIED) Residential District
on property located 1500 f'eet more or less west of London Bridge
Road, 3805 feet south of Harpers Road as shown on the plat entitled
"Rezoning Plat of Pine Ridge - Phase II for T.C.C. Development
Company" on file in the Department of Planning. Said parcel con-
tains 181.37 acres. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO
R-8 R-5 (AS MODIFIED) ZO185930
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of T.C.C. Development Corp., for
a Change of Zoning District Classification from R-3 Residential
District to R-8 R-5 (AS MODIFIED) Residential District on property
located on the west side of London Bridge Road, 2815 feet more or
less south of Harpers Road as shown on the plat entitled "Rezoning
Plat of Pine Ridge - Phase II for T.C.C. Development Company" on
file in the Department of Planning. Said parcel contains 113.33
acres. PRINCESS ANNE BOROUGH.
January 14, 1985
- 18 -
Item II-H.11
PLANNING
ITEM # 23042 (Continued)
The following conditions shall be required:
1. Density shall be limited to three (3) units per acre
with construction on lots of minimum 5,000 square feet
and maximum of 7500 square feet (278 units on 5,000
square foot lots; 162 units on 6,000 square foot lots;
66 units on 7,500 square foot lots).
2. Dedication of right-of-way along London Bridge Road in
accordance with the alignment on file in the City Engineer's
Office to provide for an ultimate 90-foot right-of-way as
per the Master Street and Highway Plan.
3. Dedication of right-of-way for the proposed extension of
Seaboard Road to provide for an ultimate 90-foot right-
of-way as per the Master Street and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of January, Nineteen Hundred and Eighty-five.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
The Agreement submitted with the January 14, 1985, AGENDA is hereby AMENDED,
subject to approval of the City Attorney and being made a part of this record.
This Amendment shall reflect the modifications and conditions upon APPROVAL as
shown in these proceedings.
January 14, 1985
- 19 -
Item II-H.11
PLANNING
ITEM # 23042 b
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of T.C.C. DEVELOPMENT CORP-
ORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8- R-5
(AS MODIFIED) TO PD-H2 Z0185931
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of T.C.C. Development Corp., for a
Chanse of Zoning District Classification from R-8 R-5 (AS MODIFIED)
to PD-H2 Planned Unit Development District on property located on
the west side of London Bridge Road, 2815 feet south of Harpers
Road as shown on the plat entitled "Rezoning Plat of Pine Ridge -
Phase II for T.C.C. Development Company" on file in the Department
of Planning. Said parcel contains 300 294.7* acres. PRINCESS ANNE
BOROUGH.
*5.3 acres shall remain R-3 as determined by City Council Action December 10, 1984,
(Item #22894, page 21).
The following condition shall be required:
1. Density shall be limited to three (3) units per acre
with construction on lots of minimum 5,000 square feet
and maximum of 7500 square feet (278 units on 5,000
square foot lots; 162 units on 6,000 square foot lots;
66 units on 7,500 square foot lots).
Prior to the changing of the official zoning maps, the following conditions
shall be required:
1. Dedication of right-of-way along London Bridge Road in
accordance with the alignment on file in the City Engineer's
Office to provide for an ultimate 90-foot right-of-way as
per the Master Steet and Highway Plan.
2. Dedication of right-of-way for the proposed extension of
Seaboard Road to provide for an ultimate 90-foot right-
of-way as per the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of January, Nineteen Hundred and Eighty-five.
January 14, 1985
- 20 -
Item II-H.11
PLANNING
ITEM # 23042 b (Continued)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Louis R. Jones and Robert G. Jones
Council Members Absent:
None
The Agreement submitted with the January 14, 1985,AGENDA is hereby AMENDED,
subject to approval of the City Attorney and being made a part of this record.
This Amendment shall reflect the modifications and conditions upon APPROVAL as
shown in these proceedings.
January 14, 1985
Item II-H.12
- 21 -
PLANNING
ITEM # 23043
David I. and Gale Levine, the applicants, requested DEFERRAL. Mrs. Levine
referenced a meeting with E. T. Buchanan, President of the Great Neck
Civic Associations, Mayor Heischober and Councilman Jennings
Opposition:
Attorney William Wahab, registered in opposition, but did not object to DEFERRAL
Ronald W. Makela, President of Cape Story by the Sea Civic Association
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council
DEFERRED Ordinances upon application of DAVID I. AND GALE M. LEVINE for
Changes of Zoning and a Conditional Use Permit. These applications were DEFERRED
two weeks for preparation of legal documents for City Council review on January
28, 1985 and presentation of same thereafter to the Great Neck Association of
Civic Leagues. After review of these documents by the Civic League and other
interested parties, these Changes of Zoning and the Conditional Use Permit
will be considered by City Council.
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRCT CLASSIFICATION FROM B-2 TO B-4
Ordinance upon application of David I. and Gale M. Levine, for
a Chan~e of Zoning District Classification from B-2 Community
Business District to B-4 Resort Commercial District on certain
property located 475 feet south of Shore Drive beginning at a
point 200 feet east of N. Great Neck Road. Said parcel contains
9 acres more or less. Plats with more detailed information
are available in the Department of Planning. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-4
Ordinance upon application of David I. and Gale M. Levine, for
a Chan~e of Zoning District Classification from B-2 Community
Business District to A-4 Apartment District on certain property
located 475 feet south of Shore Drive beginning at a point 950
feet east of N. Great Neck Road. Said parcel contains 8.7 acres
more or less. Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-4
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from A-1 Apartment
District to B-4 Resort Commercial District on certain parcels
located 1000 feet south of Shore Drive, 350 feet east of N.
Great Neck Road and located 1400 feet south of Shore Drive, 900
feet more or less east of N. Great Neck Road. Said parcels contain
29.6 acres more or less. Plats with more detailed information are
available in the Deparrment of Planning. LYNNHAVEN BOROUGH.
January 14, 1985
Item II-H. 12
- 22 -
PLANNING
ITEM # 23043 (Continued)
AND,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1
TO A-4
Ordinance upon application of David I. and Gale M. Levine, for
a Chan~e of Zoning District Classification from A-1 Apartment
District to A-4 Apartment District on certain property lo-
cated 1000 feet more or less south of Shore Drive beginning
at a point 1000 feet more or less east of N. Great Neck Road.
Said parcel contains 7.3 acres more or less. Plats with more
detailed information are available in the Department of Planning.
AND,
ORDINANCE UPON APPLICATION OF DAVID I. MD GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FORM A-1 TO
B-2
Ordinance upon application of David I. and Gale M. Levine, for
a Change of Zoning District Classification from A-1 Apartment
District to B-2 Community Business District on certain property
located 1500 feet south of Shore Drive, 370 feet east of N. Great
Neck Road. Said parcel contains 1.1 acres more or less. Plats
with more detailed information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DAVID I. AND GALE M. LEVINE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-4
Ordinance upon application of David I. and Gale M. Levine, for
Change of Zoning District Classification from R-6 Residential
District to B-4 Resort Commerical District on certain property
located on the west side of Maple Street, 170 feet south of
Poinciana Drive. Said parcel contains 9.8 acres more or less.
Plats with more detailed information are available in the De-
partment of Planning. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DAVID I. AND GAIL M. LEVINE
FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY
Ordinance upon application of David I. and Gail M. Levine, for
a Conditional Use Permit for housing for the elderly on certain
property located 1400 feet more or less south of Shore Drive be-
ginning 900 feet more or less east of N. Great Neck Road. Said
parcel contains 34.4 acres more or less. Plats with more detailed
information are available in the Department of Planning. LYNNHAVEN
BOROUGH.,
January 14, 1985
- 23 -
Item II-H. 12
PLANNING
ITEM # 23043 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
This item was moved forward on the AGENDA to the first item under PLANNING.
January 14, 1985
- 24 -
Stem II-I.a
RESOLUTIONS
ITEM # 23044
COX CABLE/PLAYBOY CHANNEL
ADD-ON
Reverend Fritz Stegemann, Pastor of Open Door Chapel, spoke concerning
the Playboy Channel as not being part of the original agreement with
Cox Cable
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council ADOPTED the following Resolution:
RESOLUTION REQUESTING THE OFFICE OF THE COMMONWEALTH'S
ATTORNEY OF THE CITY OF VIRGINIA BEACH AND/OR THE FED-
ERAL COMMUNICATIONS COMMISSION TO INVESTIGATE CIITZENS'
COMPLAINTS REGARDING THE PLAYBOY CHANNEL WHICH IS PRO-
VIDED BY COX CABLE VIRGINIA BEACH AND TO PROCURE A
JUDICIAL DETERMINATION AS TO WHETHER OR NOT THE PLAYBOY
CHANNEL IS OBSCENE BY LOCAL COMMUNITY AND CONSTITUTIONAL
STANDARDS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1985
REQUESTED BY:
- 24a -
MAYOR HEISCHOBER
RESOLUTION REQUESTING THE OFFICE OF THE
COMMONWEALTH'S ATTORNEY OF THE CITY OF
VIRGINIA BEACH AND/OR THE FEDERAL
COMMUNICATIONS COMMISSION TO INVESTIGATE
CITIZENS' COMPLAINTS REGARDING THE
PLAYBOY CHANNEL WHICH IS PROVIDED BY COX
CABLE VIRGINIA BEACH AND TO PROCURE A
JUDICIAL DETERMINATION AS TO WHETHER OR
NOT THE PLAYBOY CHANNEL IS OBSCENE BY
LOCAL COMMUNITY AND CONSTITUTIONAL STANDARDS
WHEREAS, on May 17, 1976, Cox Cable Virginia Beach was
granted a franchise to construct, operate, and maintain a cable
television system within the City; and
WHEREAS, as part of its programming services, Cox Cable
Virginia Beach provides a program called the Playboy Channel;
and
WHEREAS, various groups and citizens within the City
have complained that the content of the Playboy Channel is
indecent, offensive, harmful, and contributes to the moral
deterioration of the community; and
WHEREAS, said groups and individuals have asked the
City Council to grant Cox Cable's rate increase only if Cox Cable
agrees to remove the Playboy Channel from its program schedule;
and
WHEREAS, City Council has been advised by the Office of
the City Attorney that Federal legislation and case law preclude
localities from regulating program content of cable television
transmissions unless such content is not protected by the First
Amendment to the U.S. Constitution; and
WHEREAS, obscenity, as defined by local community and
constitutional standards is not protected by the First Amendment
to the U.S. Constitution; and
WHEREAS, City Council has been further advised by the
Office of the City Attorney that a decision to grant Cox Cable's
rate increase on the condition that it remove the Playboy Channel
from its schedule, prior to a judicial determination that the
Playboy Channel is obscene by local community and constitutional
January 14, 1985
- 24b -
standards, would be unauthorized regulation of program content
and, therefore, would be in violation of Federal regulations and
case law, and would amount to prior restraint in violation of the
First Amendment to the U.S. Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City requests the Office of the Commonwealth's
Attorney of the City of Virginia Beach and/or the Federal
Commuications Commission to investigate citizens' complaints
regarding the Playboy Channel which is provided by Cox Cable
Virginia Beach, and to procure a judicial determination as to
whether or not the Playboy Channel is obscene by local community
and constitutional standards.
Adopted by the Council of the City of Virginia Beach,
Virginia, on January 14, 1985 , 1985.
RMB/da
1/14/85
-2- January 14, 1985
- 25 -
Item II-l.b
RESOLUTION
ITEM # 23045
COX CABLE RATE
INCREASE
Roger Pierce, Vice President and General Manager of Cox Cable,
spoke in support of this request.
Neal Barranton, Corporate Financial Analyst, represented Cox Cable
John Barlow, represented self, PRO PLAYBOY
J. Randall Blow, Assistant City Attorney, spoke concerning authority of
City Council to regulate the PLAYBOY CHANNEL (Channel 27).
Opposition:
Reverend Fritz Stegemann, Pastor of Open Door Chapel. Reverend Stegemann
distributed information concerning pornography (said information is
hereby made a part of the record).
Mrs. Barbara Henderson, resident and mother
Pastor Douglas Newman, D.D., Superintendent Norfolk District United Methodist
Church
Fred Panteleo, President of the Christian Unity Political Action Committee,
Shirley Mazingo, resident of Tidewater for thirty (30) years.
Reverend Tommy Taylor, Pastor London Bridge Baptist Church
James Dugan, registered in opposition, but did not speak
Joseph Matthew Starcevich, represented self
Randy Brashears, resident of Arrowhead
Thomas W. Jacobson, citizen of the Community
Doreen J. Schuholz, represented self and presented a copy of an English Literature
Paper on crime (said copy is hereby made a part of the record)
Ron Bozart, Father of 4 Children
A motion was made by Councilman Baum, seconded by Concilman McCoy to ADOPT a
Resolution authorizing an increase in rates for basic service charged by COX
CABLE VIRGINIA BEACH~ contingent upon stipulations contained in the City Manager'
Letter of January 14, 1985 (AS AMENDED)
A SUBSTITUTE MOTION was made by Councilman Jennings, seconded by Councilman
Fentress, to DEFER the Decision on the Rate Increase for thirty (30) days
for further discussion of financial matters.
Voting: 4-7 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Robert E. Fentress, H. Jack Jennings, Jr.,
Louis R. Jones, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 26 -
Item II-l.b
RESOLUTION
ITEM # 23045 (Continued)
COX CABLE RATE
INCREASE
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED a Resolution authorizing an increase in rates for basic service
charged by COX CABLE VIRGINIA BEACH contingent upon stipulations contained in
the City Manager's Letter of January 1985 (AS AMENDED).
The RATE INCREASE shall be contingent upon the following conditions:
In addition to the existing equipment and staffing, Cox Cable
Virginia Beach agrees to an annual payment of $125,000 R~e
emd-p~yab½e-M~eh-~-~98~-amd-a~-Jan~a~y-~-o~-eaeh-~-~he
s~eeee~n~-yea~s-e~-~he-~ameh~e, to be used for support of
the Joint Cable Production Unit. The first payment for the
year 1985 would be payable April 15, 1985, in order for same
to be placed in the second quarter of operations for Cox Cable.
For the remainin~ years of the Franchise, the payments of
$125,000 will be made to the City on a quarterly basis. These
funds would be used to purchase additional equipment to enhance
our existing joint city/school production unit, provide resources
to activate Channel 28, the educational access channel, and to
establish a telecast facility in the emergency operations center.
In imposing a new rate of $10.50/month effective February 1, 1985,
that Cox Cable Virginia Beach agrees not to impose another rate
increase for basic service, nor to materially alter its tiering
structure, through December 31, 1985.
As an additional community service, Cox Cable Virginia Beach agrees
to replace the existing Chyron VP-1 Character Generator (a piece of
equipment which generates the written messages on the TV screen)
at the City with the upgraded version, the VP-2, and further,'%hat
Cox Cable agrees to provide a permanently assigned time base corrector
(a piece of equipment used to ensure audio and visual clarity).
Voting: 8-3 (MAIN MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
Robert E. Fentress, H. Jack Jennings, Jr.,
and Louis R. Jones
Council Members Absent:
None
January 14, 1985
- 26a -
RESOLUTION AUTHORIZING AN INCREASE IN RATES
FOR BASIC SERVICE CHARGED BY COX CABLE VIRGINIA
BEACH UNDER CERTAIN TERMS AND CONDITIONS
WHEREAS, Cox Cable Virginia Beach, Inc., has applied for
authorization to increase rates for which they charge their subscriber~
for monthly service; and
WHEREAS, as required by the CATV ordinance, adopted by the Counci~
of the City of Virginia Beach on May 17, 1976, a scheduled renegotiati(
session and a public hearing have been held to consider this request
by Cox Cable Virginia Beach, Inc.; and
WHEREAS, Cox Cable Virginia Beach agrees to provide an annual
payment of $125,000 due and payable March 1, 1985, and at January 1
of each of the succeeding years of the franchise, to be used for suppo]
of the Joint Cable Production Unit; and
WHEREAS, in imposing the new proposed rate of $10.50/month,
effective February 1, 1985, Cox Cable Virginia Beach agrees not to
impose another rate increase for basic service, nor to materially
alter its tiering structure, through December 31, 1985; and
WHEREAS, as an additional community, Cox Cable Virginia Beach
agrees to replace the existing Chyron VP-1 Character Generator at
the City with the upgraded version, the VP-2, and further.that Cox
agrees to provide a permanently-assigned time base corrector.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT effective upon agreement to the above
items, but in no case sooner than January 31, 1985, that Cox Cable
Virginia Beach is authorized to raise their basis monthly rate to
$10.50.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
ON THE 14 DAY OF Janaury
, 1985.
January 14, 1985
- 27 -
Item II-I.2a.
RESOLUTIONS
SPECIAL REVENUE BONDS
ITEM # 23046
Upon motion by Councilwoman Oberndorf, seconded by Concilman Baum, City
Council ADOPTED the following Resolution:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE HAMPTON REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $5,000,000 TO APPLE CREEK
ASSOCIATES I OF VIRGINIA BEACH, LTD.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 27a -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APi~R,)VAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED
BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME:
2. LOCATION:
Apple Creek Associates I of Virgini
Beach~ Ltd. Project _
500 Freemac Drive
Virginia Beaqh, V~rginia
3. DESCRIPTION OF PROJECT:
132-Unit Residential Rental Apartm_~
Pr0]ect
4. AMOUNT OF BOND ISSUE:
$5~000,000
5. PRINCIPALS:
Steve HQ~gey
ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed?
If so, to what zoning
classification?
Yes , No xx
N/A
The purpose of this Resolution is to approve Hampton Redevelop-
ment and Housing's issuance 'of its Special Revenue Bonds for
the benefit of Apple Creek Associates I of Virginia Beach, Ltd.
1115153
FISCAL iMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: November 28, 1984
TO:
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Apple Creek Associates I of Virginia Beach, Ltd. Project
TYPE OF FACILITY: 132-Unit Rental Apartment Project
1. Maximum amount of financing sought
$ 5_ 999 000
e
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$4,000~000
Estimated real property tax per year
using present tax rates
$ 28/,000
Estimated personal property tax per
year using present tax rates
Estimated merchants' capital (business
license) tax per year using present tax
rates
$ N/A
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 2 00.a_O._O 0
Estimated number of regular employees on
year round basis
8. Average annual salary per employee $ .~Q,Q00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto·
City of Virginia Beach
Development Authority
By l". · ' /~, ,,'~,',
Chair~a9'I ~/ ......
PROJECT NAME: Apple Creek Associates I of Virginia Beach, Ltd.
PROJECT ADDRESS: 500 Fremac Dr.~lm__
TYPE OF PROJECT: Multi-Family~
RESOLUTION APPROVING THE ISSUANCE OF
SPECIAL REVENUE BONDS
(APPLE CREEK ASSOCIATES I
OF VIRGINIA BEACH, LTD. PROJECT)
WHEREAS, the City of Virginia Beach Development Authority
(the "Development Authority") has considered the application
of Apple Creek Associates I of Virginia Beach, Ltd., a Virginia
limited partnership, or any partnership or corporation of
which Steve Holsey is a partner or shareholder (the "Company")
to the Hampton Redevelopment and Housing Authority (the "Housing
Authority") for the issuance of the Housing Authority's special
revenue bonds in an amount not to exceed $5,000,000 (the "Bonds")
pursuant to § 103(b)(4)(A) of the Internal Revenue Code of
1954, as amended, to assist in financing the acquisition,
construction, and equipping by the Company of an approximately
132-unit rental apartment project located at 500 Freemac Drive
in Virginia Beach, Virginia (the "Project") and has held a
public hearing thereon on January 8, 1984; and
WHEREAS, the Development Authority has requested the
City Council (the "Council") of Virginia Beach, Virginia (the
"City") to approve the construction of the additional housing
and issuance of the Bonds by the Housing Authority to comply
with Section 103(k) of the Internal Revenue Code of 1954,
as amended, the proposed final Treasury regulations issued
thereunder; and
WHEREAS, a copy of the Housing Authority's resolution
approving the issuance of the Bonds, and a copy of the De-
velopment Authority's resolution recommending approval of
the Bonds by the Council, subject to terms to be agreed upon,
and a record of the public hearings held thereon has been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the additional housing to be provided by the Project
and further approves issuance of the Bonds by the Hampton
Redevelopment and Housing Authority for the benefit of the
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Housing Authority
to assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, and the Bonds
shall provide that neither the City, the City of Hampton,
the Development Authority, nor the Housing Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the
-2-
taxing power of the Commonwealth of Virginia, the City, the
City of Hampton, the Development Authority, or the Housing
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on January 14, 1985.
-3-
- 28 -
Item II-I.2.b.
RESOLUTIONS
GENERAL OBLIGATION
BONDS
ITEM # 23047
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED the following Resolutions:
AND,
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$21,230,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1985, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PRO-
VIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF;
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$6,240,000 GENERAL OBLIGATION WATER AND SEWER
BONDS, SERIES OF 1985, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND
PROVIDING FOR THE FORM, DETAILS AND PAYMENT
THEREOF.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, and Robert G. Jones
January 14, 1985
Z/8/85
- 28a -
At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 14th day of January,
1985, at which the following members were present and absent:
PRESENT:
John A. Baum
Robert E. Fentress
Mayor Harold Heischober
Barbara M. Henley
H. Jack Jennings, Jr.
Louis R. Jones
Vice Mayor Reba S. McClanan
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
ABSENT: Nancy A. Creech, and Robert G. Jones
the following resolution was adopted by the affirmative roll
call vote of a majority of all members of the Council, the ayes
and nays being recorded in the minutes of the meeting as shown
below:
MEMBER VOTE
John A. Baum Aye
Robert E. Fentress Aye
Mayor Harold Heischober Aye
Barbara M. Henley Aye
H. Jack Jennings, Jr. Aye
Louis R. Jones Aye
Vice Mayor'Reba S. McClanan Aye
J. Henry McCoy, Jr.,D.D.S. Aye
Meyera E. Oberndorf Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$21,230,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1985, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
-2-
WHEREAS, the issuance of $21,q00,000 bonds of the City
of Virginia Beach, Virginia (the City), was authorized by an
ordinance adopted by the Council on December 10, 1984, for the
purposes and in the amounts shown below, none of which bonds
have been issued and sold; and
Purpose Amount
School projects, including planning,
site acquisition and improvement,
construction, renovation,
and equipping of schools and
related facilities
$7,284,200
Engineering and highway projects,
including right-of-way acquisi-
tion, construction, improvement
and extension of streets, bridges
and highways, dredging at Rudee
Inlet, and studies, design
and construction of drainage sys-
tems and related facilities
3,101,462
Building projects, including planning,
site acquisition and improvement,
construction, enlargement, renovation,
equipping and furnishing various
municipal buildings and facilities,
including central library, arts center,
Virginia Museum of Marine Sciences,
human resources building, community
center, .juvenile and district court
buildings, and landfill expansion 7,979,188
Parks and recreation projects, including
planning, site acquisition and
improvement, renovation and
improvement of existing parks, and
development of new parks and community
centers
3,035,150
TOTAL $21,400,000;
-3-
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. There are hereby authorized to be issued and sold
$21,230,000 public improvement bonds of the above amount, the
amount for school projects being reduced from $7,284,200 to
$7,114,200.
2. The bonds shall be designated "General Obligation
Public Improvement Bonds, Series of 1985," shall be dated
February 1, 1985, shall be in fully registered form, in denomi-
nations of $5,000 and multiples thereof, and shall be numbered
in the order of authentication. The bonds shall mature in an-
nual installments on February 1 in years and amounts as fol-
lows:
Year Amount Year Amount
1986 $ 735,000 1994 $1,280,000
1987 780,000 1995 1,390,000
1988 825,000 1996 1,515,000
1989 885,000 1997 1,650,000
1990 945,000 1998 1,800,000
1991 1,020,000 1999 1,965,000
1992 1,095,000 2000 2,155,000
1993 1,185,000 2001~ 2,005,000
Each bond shall bear interest at such rate or rates as shall be
determined at the time of sale, payable semiannually on
February 1 and August 1, (a) from February 1, 1985, if it is
authenticated prior to August 1, 1985, or (b) otherwise from
the February 1 or August 1 that is, or immediately precedes,
the date on which it is authenticated (unless payment of
interest thereon is in default, in which case such bond shall
bear interest from the date to which interest has been paid).
Principal shall be payable to the registered owners upon sur-
render of bonds as they become due at the principal corporate
trust office of Citibank, N.A., New York, New York (the Regis-
trar). Interest shall be payable by check or draft mailed to
the registered owners at their addresses as they appear on the
registration books kept by the Registrar. Principal and inter-
est shall be payable in lawful money of the United States of
America.
3. Bonds maturing on or before February 1, 1995, are
not subject to redemption prior to maturity. Bonds maturing on
or after February 1, 1996, are subject to redemption prior to
maturity at the option of the City on or after February 1,
1995, in whole at any time or in part on any interest payment
date, upon payment of a price of par plus interest accrued and
unpaid to the redemption date. If less than all of the bonds
are called for redemption, the bonds to be redeemed shall be
selected by the City's chief financial officer in such manner
as he may determine to be in the best interest of the City,
each portion of $5,000 principal amount being counted as one
bond for such purpose. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by registered or certified mail to the
-5-
registered owners thereof not less than 30 nor more than 60
days prior to the redemption date. If a portion of a bond is
called for redemption, a new bond in principal amount equal to
the unredeemed portion thereof shall be issued to the regis-
tered owner upon the surrender thereof.
4. The bonds shall be signed by the facsimile
signature of the Mayor, shall be countersigned by the facsimile
signature of the Clerk, and a facsimile of the City's seal
shall be printed thereon. No bond shall be valid until it has
been authenticated by the manual signature of an authorized of-
ficer or employee of the Registrar and the date of authentica-
tion noted thereon.
5. The bonds shall be in substantially the following
form:
REGISTERED REGISTERED
No. R-__ $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond, Series of 1985
-6-
INTEREST RATE
%
MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
February 1, 1985
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the City), for
value received, hereby promises to pay, upon surrender hereof
at the principal corporate trust office of Citibank, N.A., New
York, New York (the Registrar), to the registered owner hereof,
or registered assigns or legal representative, the principal
sum stated above on the maturity date stated above, subject to
prior redemption as hereinafter provided, and to pay interest
hereon semiannually on each February 1 and August 1 at the an-
nual rate stated above. Interest is payable (a) from February
1, 1985, if this bond is authenticated prior to August 1, 1985,
or (b) otherwise from the February 1 or August 1 that is, or
immediately precedes, the date on which this bond is
authenticated (unless payment of interest hereon is in default,
in which case this bond shall bear interest from the date to
which interest has been paid). Interest is payable by check or
draft mailed to the person shown as owner hereof at his address
as it appears on the registration books kept by the Registrar
on the 15th day of the month preceding each interest payment
date. Principal and interest are payable in lawful money of the
United States of America.
-7-
THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE
REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL
PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE
HEREOF.
All acts, conditions and things required by the Consti-
tution and statutes of the Commonwealth of Virginia to happen,
exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and the
issue of bonds of which this bond is one, together with all
other indebtedness of the City, is within every debt and other
limit prescribed by the Constitution and statutes of the
Commonwealth of Virginia.
This bond shall not be valid until the Registrar shall
have executed the Certificate of Authentication appearing
hereon and inserted the date of authentication hereon.
-8-
IN WITNESS WHEREOF, the City of Virginia Beach, Vir-
ginia, has caused this bond to be signed by the facsimile sig-
nature of its Mayor, to be countersigned by the facsimile sig-
nature of its Clerk, a facsimile of its seal to be printed
hereon, and this bond to be dated February 1, 1985.
COUNTERSIGNED:
(SEAL)
Clerk Mayor
Date Authenticated:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-
mentioned resolution.
CITIBANK, N.A.,
Registrar
By
Authorized Signature
(Reverse of Bond)
ADDITIONAL BOND PROVISIONS
This bond is one of an issue of $21,230,000 General
Obligation Public Improvement Bonds, Series of 1985, of like
date and tenor, except as to number, denomination, rate of in-
terest, privilege of redemption and maturity, authorized by an
ordinance adopted by the Council on December 10, 1984, and is
-9-
issued pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the City Charter and the
Public Finance Act, to finance various public improvements.
Bonds maturing on or before February 1, 1995, are not
subject to redemption prior to maturity. Bonds maturing on or
after February 1, 1996, are subject to redemption prior to
maturity at the option of the City on or after February 1,
1995, in whole at any time or in part on any interest payment
date, upon payment of a price of par plus interest accrued and
unpaid to the redemption date. If less than all of the bonds
are called for redemption, the bonds to be redeemed shall be
selected by the City's chief financial officer in such manner
as he may determine to be in the best interest of the City,
each portion of $5,000 principal amount being counted as one
bond for such purpose. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by registered or certified mail not less
than 30 nor more than 60 days prior to the redemption date to
the registered owner of each bond to be redeemed at his address
as it appears on the registration books kept by the Registrar.
If a portion of this bond is called for redemption, a new bond
in principal amount equal to the unredeemed portion hereof will
be issued to the registered owner upon the surrender hereof.
-10-
The full faith and credit of the City are hereby
irrevocably pledged for the payment of principal of and
interest on this bond.
The bonds are issuable as fully registered bonds in
denominations of $5,000 and multiples thereof. Upon surrender
of this bond at the principal corporate trust office of the
Registrar, together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal rep-
resentative in such form as shall be satisfactory to the Regis-
trar, the City shall execute, and the Registrar shall authenti-
cate and deliver in exchange, a new bond or bonds having an
equal aggregate principal amount, in authorized denominations,
of the same form and maturity, bearing interest at the same
rate, and registered in names as requested by the then regis-
tered owner hereof or his duly authorized attorney or legal
representative, all subject to the limitations and conditions
provided in the resolution authorizing the issuance of the
bonds. Any such exchange shall be at the expense of the city,
except that the Registrar may charge the person requesting such
exchange the amount of any tax or other governmental charge re-
quired to be paid with respect thereto.
The Registrar shall treat the registered owner as the
person exclusively entitled to payment of principal and inter-
est and the exercise of all other rights and powers of the
-11-
owner, except that interest payments shall be made to the per-
son shown as owner on the registration books on the 15th day of
the month preceding each interest payment date.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s),
assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip
code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
, .Attorney,
to transfer said bond on the books kept for the registration
thereof, with full power of substitution in the premises.
Dated:
-12-
Signature Guaranteed
NOTICE: Signature(s) must be (Signature of Registered Owner)
guaranteed by a member firm
of the New York Stock Notice: The signature above
Exchange or a commercial bank must correspond with the name
or trust company, of the registered owner as it
appears on the front of this
bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
6. The full faith and credit of the City are hereby
irrevocably pledged for the payment of principal of and
interest on the bonds. Unless other funds are lawfully
available and appropriated for timely payment of the bonds, the
Council shall levy and collect an annual ad valorem tax over
and above all other taxes authorized or limited by law on all
locally taxable property in the City sufficient to pay the
principal of and interest on the bonds, as th~ same become due
and payable.
7. The Registrar shall maintain registration books for
the registration of bonds. Upon surrender of any bonds at the
principal corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his
duly authorized attorney or legal representative in such form
as shall be satisfactory to the Registrar, the City shall exe-
cute and the Registrar shall authenticate and deliver in ex-
change, a new bond or bonds having an equal aggregate principal
amount, in authorized denominations, of the same form and
-13-
maturity, bearing interest at the same rate, and registered in
names as requested by the then registered owner or his duly au-
thorized attorney or legal representative. Any such exchange
shall be at the expense of the City, except that the Registrar
may charge the person requesting such exchange the amount of
any tax or other governmental charge required to be paid with
respect thereto.
The Registrar shall treat the registered owner as the
person exclusively entitled to payment of principal and inter-
est and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the per-
son shown as owner on the registration books on the 15th day of
the month preceding each interest payment date.
8. The City Manager, in collaboration with Government
Finance Associates, Inc., or Government Finance Research Cen-
ter, the City's financial advisors, shall make such
completions, omissions, insertions and changes in the
Preliminary Official Statement describing the bonds and
$6,240,000 General Obligation Water and Sewer Bonds, Series of
1985, not inconsistent with this resolution as are necessary to
complete the Preliminary Official Statement as a final Official
Statement. The City Manager shall arrange for the delivery to
the successful bidder on the bonds of up to 300 copies of the
final Official Statement for delivery to the successful bidder.
-14-
9. After bids have been received and the bonds have
been awarded, the Mayor, the City Manager and the Clerk are
hereby authorized and directed to take all proper steps to have
the bonds prepared and executed in accordance with their terms
and to deliver the bonds to the purchasers thereof upon payment
therefor.
10. Ail other actions of officers of the City in
conformity with the purposes and intent of this resolution and
in furtherance of the issuance and sale of the bonds are hereby
approved and confirmed.
11. Such officers of the City as may be requested are
hereby authorized and directed to execute an appropriate
certificate setting forth the expected use and investment of
the proceeds of the bonds in order to show that such expected
use and investment will not violate the provisions of Section
103(c) of the Internal Revenue Code of 1954, as amended, and
regulations issued pursuant thereto, applicable to "arbitrage
bonds." Such certificate shall be in such form as may be re-
quested by bond counsel for the City.
12. The Clerk, in collaboration with the City Attorney,
is hereby authorized and directed to see to the immediate fil-
ing of a certified copy of this resolution with the Circuit
Court of the City of Virginia Beach and within ten days there-
after to cause to be published once in a newspaper having
-15-
general circulation in the City a notice setting forth (1) in
brief and general terms the purposes for which the bonds are to
be issued and (2) the amount of such bonds and the amount for
each purpose.
13. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
14. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a
true and correct extract from the minutes of a regular meeting
of the Council of the City of Virginia Beach held on the 14th
day of January, 1985, and of the whole thereof so far as appli-
cable to the matters referred to in such extract.
WITNESS my signature and the seal of the City of Vir-
ginia Beach, Virginia, this day of January, 1985.
( SEAL )
Clerk, City of Virginia Beach,
Virginia
1/8/85
At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 14th day of January,
1985, at which the following members were present and absent:
PRESENT:
John A. Baum
Robert E. Fentress
Mayor Harold Heischober
Barbara M. Henley
H. Jack Jennings, Jr.
Louis R. Jones
Vice Mayor Reba S. McClanan
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
ABSENT: Nancy A. Creech and Robert G. Jones
the following resolution was adopted by the affirmative roll
call vote of a majority of all members of the Council, the ayes
and nays being recorded in the minutes of the meeting as shown
below:
MEMBER
John A. Baum
Robert E. Fentress
Mayor Harold Heischober
Barbara M. Henley
H. Jack Jenning$,Jr.
Louis R. Jones
Vice Mayor Reba S. McClanan
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
VOTE
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$6,240,000 GENERAL OBLIGATION WATER AND SEWER BONDS,
SERIES OF 1985, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
-2-
WHEREAS, the issuance of $46,000,000 water and sewer
bonds of the City of Virginia Beach, Virginia (the City), was
authorized by an ordinance adopted by the Council on August 27,
1980, and approved by the qualified voters of the City at an
election held on November 4, 1980, to finance the cost of con-
tinuing the City's improvement program for its water and sewer
system, of which bonds $33,680,000 have been issued and sold,
leaving an unissued balance of $12,320,000;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. There are hereby authorized to be issued and sold
$6,240,000 bonds of such unissued balance.
2. The bonds shall be designated "General Obligation
Water and Sewer Bonds, Series of 1985," shall be dated February
1, 1985, shall be in fully registered form, in denominations of
$5,000 and multiples thereof, and shall be numbered in the
order of authentication. The bonds shall mature in annual in-
stallments on August 1 in years and amounts as follows:
Year Amount Year Amount
1985 $230,000 1993 $410,000
1986 240,000 1994 450,000
1987 260,000 1995 490,000
1988 280,000 1996 540,000
1989 295,000 1997 590,000
1990 325,000 1998 645,000
1991 350,000 1999 715,000
1992 380,000 2000 40,000
Each bond shall bear interest at such rate or rates as shall be
-3-
determined at the time of sale, but not to exceed l0x per year,
payable semiannually on February 1 and August 1, (a) from
February 1, 1985, if it is authenticated prior to August 1,
1985, or (b) otherwise from the February 1 or August 1 that is,
or immediately precedes, the date on which it is authenticated
(unless payment of interest thereon is in default, in which
case such bond shall bear interest from the date to which in-
terest has been paid). Principal shall be payable to the
registered owners upon surrender of bonds as they become due at
the principal corporate trust office of Citibank, N.A., New
York, New York (the Registrar). Interest shall be payable by
check or draft mailed to the registered owners at their ad-
dresses as they appear on the registration books kept by the
Registrar. Principal and interest shall be payable in lawful
money of the United States of America.
3. Bonds maturing on or before February 1, 1995, are
not subject to redemption prior to maturity. Bonds maturing on
or after February 1, 1996, are subject to redemption prior to
maturity at the option of the City on or after February 1,
1995, in whole at any time or in part on any interest payment
date, upon payment of a price of par plus interest accrued and
unpaid to the redemption date. If less than all of the bonds of
a maturity are called for redemption, the bonds to be redeemed
shall be selected by the City's chief financial officer in such
manner as he may determine to be in the best interest of the
-4-
City, each portion of $5,000 principal amount being counted as
one bond for such purpose. The City shall cause notice of the
call for redemption identifying the bonds or portions thereof
to be redeemed to be sent by registered or certified mail to
the registered owners thereof not less than 30 nor more than 60
days prior to the redemption date. If a portion of a bond is
called for redemption, a new bond in principal amount equal to
the unredeemed portion thereof shall be issued to the regis-
tered owner upon the surrender thereof.
4. The bonds shall be signed by the facsimile
signature of the Mayor, shall be countersigned by the facsimile
signature of the Clerk, and a facsimile of the City's seal
shall be printed thereon. No bond shall be valid until it has
been authenticated by the manual signature of an authorized of-
ficer or employee of the Registrar and the date of authentica-
tion noted thereon.
5. The bonds shall be in substantially the following
form:
-5-
REGISTERED
No. R-
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
REGISTERED
$
General Obligation Water and Sewer Bond, Series of 1985
INTEREST RATE
MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP
February 1, 1985
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the City), for
value received, hereby promises to pay, upon surrender hereof
at the principal corporate trust office of Citibank, N.'A., New
York, New York (the Registrar), to the registered owner hereof,
or registered assigns or legal representative, the principal
sum stated above on the maturity date stated above, subject to
prior redemption as hereinafter provided, and to pay interest
hereon semiannually on each February 1 and August 1 at the an-
nual rate stated above. Interest is payable (a) from
February 1, 1985, if this bond is authenticated prior to
-6-
August 1, 1985, or (b) otherwise from the February 1 or
August 1 that is, or immediately precedes, the date on which
this bond is authenticated (unless payment of interest hereon
is in default, in which case this bond shall bear interest from
the date to which interest has been paid). Interest is payable
by check or draft mailed to the person shown as owner hereof at
his address as it appears on the registration books kept by the
Registrar on the 15th day of the month preceding each interest
payment date. Principal and interest are payable in lawful
money of the United States of America.
THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE
REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL
PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE
HEREOF.
All acts, conditions and things required by the Consti-
tution and statutes of the Commonwealth of Virginia to happen,
exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and the
issue of bonds of which this bond is one, together with all
other indebtedness of the City, is within every debt and other
limit prescribed by the Constitution and statutes of the
Commonwealth of Virginia.
This bond shall not be valid until the Registrar shall
have executed the Certificate of Authentication appearing
hereon and inserted the date of authentication hereon.
-7-
IN WITNESS WHEREOF, the City of Virginia Beach, Vir-
ginia, has caused this bond to be signed by the facsimile sig-
nature of its Mayor, to be countersigned by the facsimile sig-
nature of its Clerk, a facsimile of its seal to be printed
hereon, and this bond to be dated February 1, 1985.
COUNTERSIGNED:
(SEAL)
Clerk Mayor
Date Authenticated:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-
mentioned resolution.
CITIBANK, N.A.,
Registrar
By
Authorized Signature
(Reverse of Bond)
ADDITIONAL BOND PROVISIONS
This bond is one of an issue of $6,240,000 General
Obligation Water and Sewer Bonds, Series of 1985, of like date
and tenor, except as to number, denomination, rate of interest,
privilege of redemption and maturity, being a portion of the
unissued balance of the $46,000,000 water and sewer bonds
-8-
authorized by an ordinance adopted by the Council on August 27,
1980, and approved at an election held on November 4, 1980, and
is issued pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the City Charter and the
Public Finance Act, to finance the cost of continuing the
City's improvement program for its water and sewer system.
Bonds maturing on or before February 1, 1995, are not
subject to redemption prior to maturity. Bonds maturing on or
after February 1, 1996, are subject to redemption prior to
maturity at the option of the City on or after February 1,
1995, in whole at any time or in part on any interest payment
date, upon payment of a price of par plus interest accrued and
unpaid to the redemption date. If less than all of the bonds of
a maturity are called for redemption, %he bonds to be redeemed
shall be selected by the City's chief financial officer in such
manner as he may determine to be in the best interest of the
City, each portion of $5,000 principal amount being counted as
one bond for such purpose. The City shall cause notice of the
call for redemption identifying the bonds or portions thereof
to be redeemed to be sent by registered or certified mail not
less than 30 nor more than 60 days prior to the redemption date
to the registered owner of each bond to be redeemed at his
address as it appears on the registration books kept by the
Registrar. If a portion of this bond is called for redemption,
a new bond in principal amount equal to the unredeemed portion
-9-
hereof will be issued to the registered owner upon the surren-
der hereof.
The City is required to charge rates or fees to users
of its water and sewer system, to fix and maintain such rates
or fees at such level as will produce sufficient revenues to
pay all costs of operation and the principal of and interest on
the bonds and any other bonds heretofore or hereafter issued on
account of such system and secured by a pledge of water or
sewer revenues, as the same become due. In addition, the full
faith and credit of the City are hereby irrevocably pledged for
the payment of principal of and interest on this bond.
The bonds are issuable as fully registered bonds in
denominations of $5,000 and multiples thereof. Upon surrender
of this bond at the principal corporate trust office of the
Registrar, together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal rep-
resentative in such form as shall be satisfactory to the Regis-
trar, the City shall execute, and the Registrar shall ~uthenti-
cate and deliver in exchange, a new bond or bonds having an
equal aggregate principal amount, in authorized denominations,
of the same form and maturity, bearing interest at the same
rate, and registered in names as requested by the then regis-
tered owner hereof or his duly authorized attorney or legal
representative, all subject to the limitations and conditions
provided in the resolution authorizing the issuance of the
-10-
bonds. Any such exchange shall be at the expense of the City,
except that the Registrar may charge the person requesting such
exchange the amount of any tax or other governmental charge re-
quired to be paid with respect thereto.
The Registrar shall treat the registered owner as the
person exclusively entitled to payment of principal and inter-
est and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the per-
son shown as owner on the registration books on the 15th day of
the month preceding each interest payment date.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s),
assign(s) and transfer(s) unto
(Please print or type name and address, including postaf'~-
code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
· Attorney,
to transfer said bond on the books kept for the registration
thereof, with full power of substitution in the premises.
-11-
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be (Signature of Registered Owner)
guaranteed by a member firm
of the New York Stock Notice: The signature above
Exchange or a commercial bank must correspond with the name
or trust company, of the registered owner as it
appears on the front of this
bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
6. The full faith and credit of the City are hereby
irrevocably pledged for the payment of principal of and
interest on the bonds.
It is hereby covenanted and agreed with the holders of
the bonds that so long as any of the bonds are outstanding and
unpaid the City shall:
(a) charge rates or fees to users of its water and
sewer system and fix and maintain such rates or fees at such
level as will produce sufficient revenue to pay the cost of
operation and administration, the cost of insurance against
loss by injury to persons or property and the principal of and
interest on the bonds authorized hereby and any other bonds
heretofore or hereafter issued on account of such system and
secured by a pledge of water or sewer revenues, as the same
become due;
-12-
(b) apply the revenue derived from the operation
of such system in each fiscal year first to the payment of such
costs of operation, administration and insurance during such
year and then to the payment of principal of and interest on
the bonds and any other bonds heretofore or hereafter issued on
account of such system and secured by a pledge of water or
sewer revenues becoming due in such year;
(c) unless other funds are lawfully available and
appropriated for timely payment of the bonds, levy and collect
an annual ad valorem tax over and above all other taxes autho-
rized or limited by law on all locally taxable property in the
City sufficient to pay the principal of and interest on the
bonds, as the same become due; and
(d) segregate and keep segregated from all other
City funds all revenue derived from the operation of such
system and keep proper records and accounts therefor, separate
and apart from all other records and accounts.
7. The Registrar shall maintain registration books for
the registration of bonds. Upon surrender of any bonds at the
principal corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his
duly authorized attorney or legal representative in such form
as shall be satisfactory to the Registrar, the City shall exe-
cute and the Registrar shall authenticate and deliver in ex-
change, a new bond or bonds having an equal aggregate principal
-13-
amount, in authorized denominations, of the same form and ma-
turity, bearing interest at the same rate, and registered in
names as requested by the then registered owner or his duly au-
thorized attorney or legal representative. Any such exchange
shall be at the expense of the City, except that the Registrar
may charge the person requesting such exchange the amount of
any tax or other governmental charge required to be paid with
respect thereto.
The Registrar shall treat the registered owner as the
person exclusively entitled to payment of principal and inter-
est and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the per-
son shown as owner on the registration books on the 15th day of
the month preceding each interest payment date.
8. The City Manager, in collaboration with Government
Finance Associates, Inc., or Government Finance Research Cen-
ter, the City's financial advisors, shall make such
completions, omissions, insertions and changes in the
Preliminary Official Statement describing the bonds and
$21,230,000 General Obligation Public Improvement Bonds, Series
of 1985, not inconsistent with this resolution as are necessary
to complete the Preliminary Official Statement as a final Offi-
cial Statement. The City Manager shall arrange for the deliv-
ery to the successful bidder on the bonds of up to 300 copies
of the final Official Statement for delivery to the successful
bidder.
Item II-I.2.c.
- 29 -
ORDINANCE
GREEN LINE
ADD -ON
ITEM # 23048
Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones,
City Council ADOPTED the following Ordinance:
ORDINANCE TO PROHIBIT THE APPROVAL AND ISSUANCE
OF PERMITS FOR THE CONSTRUCTION OF STREETS,
DRAINAGE, SEWER, AND/OR WATER FACILITIES WITHIN
THE AREA OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
BOUNDED BY THE GREEN LINE.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, and Vice Mayor
Reba S. McClanan
Council Members Voting Nay;
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 29a-
AN ORDINANCE TO PROHIBIT THE APPROVAL AND
ISSUANCE OF PERMITS FOR THE CONSTRUCTION
OF STREETS, DRAINAGE, SEWER, AND/OR WATER
FACILITIES WITHIN THE AREA OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BOUNDED BY THE
GREEN LINE
WHEREAS, the Planning Commission of the City of Virginia
Beach, Virginia, after extensive deliberations, recommended to
the City Council that it adopt a new Comprehensive Plan and
presented to the City Council for its review a recommended draft
dated October 23, 1984;
WHEREAS, the recommended new plan considers one of the
most pressing problems before the City to be its rapid growth in
a southerly direction into its predominately agricultural area,
which growth gives rise to incompatible land uses and strains
City resources in the provision of urban infrastructure; and
WHEREAS, the new plan considers it essential to provide
for orderly transition from rural to urban land use and sets
forth a dividing line, beginning at the point where the western
boundary line between the Princess Anne Borough and the
Kempsville Borough intersects with the Virginia Beach/Chesapeake
City Line; thence northerly along that line to its intersection
with Princess Anne Road; thence south and east along Princess
Anne Road to Sandbridge Road; thence east along Sandbridge Road
to the Atlantic Ocean; thence southerly along the shore of the
Atlantic Ocean to the Virginia/North Carolina boundary line;
thence westerly along the Virginia/North Carolina boundary line
to the Virginia Beach/Chesapeake City Line; thence northerly
along the Virginia Beach/Chesapeake City Line to the point of
beginning, (hereinafter the "Green Line") as the most effective
tool to manage this transition; and
WHEREAS, the Green Line has been in existence since the
City's adoption of its original Comprehensive Plan and the City
Council has adhered to the Green Line in making land use
decisions; and
WHEREAS, there is already in existence residential or
commercial zonings within the area bounded by the Green Line
January 14, 1985
- 29b -
which are inconsistent with the new plan's proposals for managing
growth and which, if developed, will create some of the very
problems to be controlled by the Comprehensive Plan, namely, the
elimination of incompatible land uses and the timely provision of
urban facilities and services; and
WHEREAS, the City Council is highly mindful both of its
obligations to the public to provide for orderly growth within
the City and of the rights of private land owners to use and
enjoy their land without confiscation and free from
discriminatory restrictions; and
WHEREAS, the public interest and the rights of private
landowners in the area bounded by the Green Line would be served
jointly by a land use implementation plan provided for in
S 15.1-447 of the Code of Virginia, 1950, as amended, (the
"Implementation Plan") that sets forth a scheduled transition,
containing a phased sequence of growth under which the City would
insure that roads, sewers, water, schools, police and fire
protection, and other municipal services would be provided to
meet the needs of an urbanized area; and
WHEREAS, the proposed new Comprehensive Plan lacks such
an Implementation Plan and thereby creates uncertainty and an
inability to inform all interested parties of the future
availability of municipal facilities and services to the
area bounded by the Green Line and to make known to the City
Council the requirements and the cost of such facilities and
services; and
WHEREAS, the time and effort required to prepare the
Implementation Plan is beyond the resources currently available
within the City and should be performed by a consulting firm with
strong credentials and proven performance in the area of land use
planning coordinated with detailed analyses of fiscal impact;
and
WHEREAS, the City Council has directed the City Manager
to have a land use consultant prepare and complete the
Implementation Plan prior to January 1, 1986,
-2-
January 14, 1985
- 29c -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That, prior to January 1, 1986, or at such earlier
date as City Council may establish upon receipt of the
Implementation Plan, the City shall not approve any plans for or
issue any permits for the construction of any public or private
street or other right-of-way, drainage facility, water supply
facility, sewer facility, or erosion and sediment-control
facility (hereinafter collectively the "Improvements") to
serve any parcel or parcels of residentially zoned property for
the purpose of constructing more than one single-family residence
or to serve any parcel or parcels of commercially zoned property
in excess of three (3) acres situate within the area of the City
of Virginia Beach, Virginia, bounded by the Green Line where the
actual construction of the Improvements has not begun and/or
where an erosion and sediment-control plan has not been approved
and an erosion and sediment-control bond posted as of the date of
this Ordinance and where the Improvements or the residential or
commercial zoning classification of the property do not conform
to the recommendations set forth in the Implementation Plan.
2. That wherever the provisions of this Ordinance
conflict with any other ordinance or provision of the Code of the
City of Virginia Beach, Virginia, including any appendix thereto,
the provisions of this Ordinance shall be controlling, provided,
however, that nothing contained in this Ordinance shall prohibit
the City from performing operational and maintenance activities
or making capital improvements for which funds have been or may
be appropriated in order to protect the health, safety, and
welfare of the citizens of the City of Virginia Beach.
Adopted this 14day of January , 1985, by the
Council of the City of Virginia Beach, Virginia.
CMS/da
(I)
119185
1/lo/85
1/11/85
1/14/85 (2:54)
-3-
January 14, 1985
- 30 -
Stem II-J.
CONSENT AGENDA
ITEM # 23049
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED in ONE MOTION Items 1 through 8.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 31 -
Item II-J.1
CONSENT AGENDA
ITEM # 23050
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a Resolution whereby the City of Virginia Beach RELINQUISHES
all of its rights, if any, to Lot 17, WOLFSNARE ACRES, property of DORIS
HALE.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 3la -
RESOLUTION
WHEREAS, a certain 50-foot wide right-of-way designated
as "50' Street to be dedicated if and when needed," on a plat
entitled "SUBDIVISION OF WOLFSNARE ACRES LYNNHAVEN MAGISTERIAL
DISTRICT PRINCESS ANNE COUNTY, VIRGINIA," dated November 11, 1957,
is recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 44, at Page 29; and
WHEREAS, the City of Virginia Beach has no need for the
property and has never, in fact, requested that the same be
dedicated to the City of Virginia Beach; and
WHEREAS, the City Council desires to relinquish all its
interests, if any, in the 50-foot wide right-of-way designated
on the aforesaid plat;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach hereby relinquishes all
of its rights, if any, in the portion of the property designated
as "50' Street to be dedicated if and when needed," as shown on
the above-referenced plat and as referred to on that certain plat
entitled, "RESUBDIVISION OF LOT 17, WOLFSNARE ACRES AND PARCEL
DESIGNATED '50' STREET TO BE DEDICATED IF AND WHEN NEEDED AS SHOWN
ON SUBDIVISION OF WOLFSNARE ACRES LYNNHAVEN BOROUGH - VIRGINIA
BEACH, VIRGINIA," dated November 1, 1984, and recorded in the
Office of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book __, at Page __.
Adopted this 14 day of January , 1985, by the
Council of the City of Virginia Beach, Virginia.
RJN/da
(4)
4/18/84
4/25/84
1/8/85
January 14, 1985
I I
- 32 -
Item II-J.2
CONSENT AGENDA
ITEM # 23051
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to add Section 35-39 to the Code of the City
of Virgnia Beach pertaining to the apportionment of TAXES when part of
REAL ESTATE becomes separately owned.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 32a -
AN ORDINANCE TO ADD ~ 35-39 TO
THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE
APPORTIONMENT OF TAXES WHEN PART
OF REAL ESTATE BECOMES SEPARATELY
OWNED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT ~ 35-39 IS HEREBY ADDED TO THE CODE
OF THE CITY OF VIRGINIA BEACH AS FOLLOWS:
Section 35-39.
Apportionment of cit~ taxes when part of real
estate become~ separgte%y owned.
Upon application of the owner of the separate part, the
Circuit Court of the Cit~ of Virginia Beach may., wh99 an~ part of
real., estate assessed with cit~ taxes has become, since such
assessment, separate propert~ of. an~ of the original owners or of
an~ other person in interest, determine the value, as of the date
of the original assessment, of any portion of such real estate so
.~eparatel~ owned. The court ma~ also determine what part of the
whole amount of the taxes, and of the penalties, if penalties
have accrued upon the taxes, and of the expenses of the sale, if
the propert~ has been sold for the nonpayment 9f such taxes, ma~
be paid b~ such owner of such separate part, his heirs or
assigns, in order to release or redeem such part from the lien of
the taxes ori~inall~ assessed. The amount so fixed shall bear
the same relation to th? whole amount of such taxes, penalties
and expenses as the value of such part of such real estate bore
to the value of the whole, as of the date of the original
assessment. .The cit~ attorne~ and the commissioner of revenue
shall have at least five da~s notice of such application, and the
order of the court shall sh9w that fact. Upon the payment of the
amount so fixed, includin~ all costs, the owner of an~ such part,
his heirs, or assigns, shall hold the same free from an~ lien for
January 14, 1985
- 32b -
city taxes for the year or years in question.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January , 198~ 5
Authority of the city to adopt ordinance:
§ 58.1-3224 (formerly ~ 58-825).
MES/re
11/20/84
(H)
Virginia Code
January 14, 1985
-2-
- 33 -
Item II-J.3
CONSENT AGENDA
STEM # 23052
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of City property used as a pump station site located adjacent
to Haygood Point Road to DORIS CENTRONE, her heirs, assigns and successors
in title.
This Encroachment shall be subject to the following conditions:
The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
Be
The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 33a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CITY
PROPERTY USED AS A PUMP STATION SITE
LOCATED ADJACENT TO HAYGOOD POINT ROAD
TO MRS. DORIS CENTRONE, HER 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, Mrs. Doris Centrone, her heirs, assigns or successors in
title are authorized to construct and maintain a temporary
encroachment into City property used as a pump station site
located adjacent to Haygood Point Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a 16' concrete
driveway 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
City property used as a pump station site
located adjacent to Haygood Point Road as
shown on that certain plat entitled:
"SITE PLAN OF LOT 6 LAKE SMITH ESTATES
BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA
FOR HERMITAGE BUILDING CORPORATION, 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 Mrs. Doris Centrone, her heirs, assigns or
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from City
property used as a pump station site located adjacent to Haygood
Point Road; and that Mrs. Doris Centrone, her heirs, assigns or
successors in title shall bear all costs and expenses of such
removal. 3anuary 14, 1985
- 33b -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mrs. Doris Centrone, her heirs, assigns or
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 this ordinance shall not be
in effect until such time that Mrs. Doris Centrone executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January , 19 85.
MES/re
1/4/85
(29D)
APPROVED AS TO CONTENT
'' $1'GNATU~E
DEPARTMENT
CITY
-2- January 14, 1985
- 33c -
I~he Lot Omdln~ ~ This ~an
I~. Accordance Wit~ The ~te,t
Submitted T~ And Ap~ov~d By~
Snow. Is At Least One ill -~" //Z.' ~ ........
F.B.
JAMES C. HICKMAN
LAND ~URV~YOR
V~taff4A BEAC~ VA. ;34~
January 14, 1985
~.e. ~ ~
Item II-J.4
CONSENT AGENDA
ITEM # 23053
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a
portion of the right-of-way of Providence Road, to TURNER AND ASSOCIATES,
its assigns and successors in title.
This Encroachment shall be subject to the following conditions:
The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
The owner must submit and have approved a traffic
control plan before commencing work within the
City's right-of-way.
The owner agrees that open cutting of Providence Road
will not be allowed. Ail utilities are to be jack/
bored.
This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 34a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF PROVIDENCE ROAD, TO
TURNER AND ASSOCIATES, ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Turner and Associates, its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of
Providence Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 2"
force main to serve property on the southwest corner of
Providence Road and Reon Road and that said encroachment shall be
constructed in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Providence Road as shown on that certain
plat entitled: "PLAT SHOWING PROPOSED 2"
PRIVATE FORCE MAIN WITHIN THE
RIGHT-OF-WAY OF PROVIDENCE ROAD," a copy
of which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Turner and Associates, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Providence Road and that Turner and
Associates, its assigns and successors in title shall bear all
costs and expenses of such removal.
January 14, 1985
- 34b -
And PROVIDED FURTHER, that it is expressly understood
and agreed that Turner and Associates, its assigns and successors
in title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment;
and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Turner and Associates executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January , 1~5 .
MES/re
12/7/84
(29B)
APPROV~O ;:-.5 Tr~ .... '
-2-
January 14, 1985
- 34c -
: _6B.,36,,
; 6°47 20 - ~ c,~k5 ..--
CH. B~.: N 79°12'07'' E
EXIST. I0'
DRAINAGE
D.B. 2284, P 526
INV' ltd Id. ?~
IN¥ DOT 14./dl
= 20.00'
= 34.77'
T= 23.67'
A: 99o36' 20"
CH. BRG.=S 54°29' :>3" E
CH.=30.55'
R'IIVI
INV IN I§ ID
INV OUT 1.5.05
PROPOSED 2" PRIVATE FORCE MAIN
WITHIN THE RIGHT-OF-WAY OF'
PROVIDENCE ROAD
KEMPSVILL E BOROUGH
VIRGINIA BEACH, VIRGINIA
SHOW I NG
PLAT
c~ rtl
D ,. REMAINDER OF
~ ~eT? PARCEL B-I'B ~.o, 0
I ~v ,~e4 AREA EXIST. I0' ~AINAGE Z
'.. 58918 sq. ft. EA~ M B I~ P
EXIST ZO' PRIVATE DRAIN~-~ L., "'"~ ~ I
OWNERS OF.PARCEL I, I ~ JAMES BYRON McpHER~N I ...... a
NOTES I, ' I ATHOL McOONALO SMITH I I
I. Current Owner Is Childrens World, Inc. ,,_,
Deed No 44158, d~led September 17, 1984. 4. Bench Work i~ chtseled ~ on NE. ~11
corner of O.I. on Providence Rd. ~111
~ Survey References' ,
- , , Elev.: 18.87 NB.VD
(A) Reference North taken from Plat Show,n,
Subdlyision o~na ~*tc~l ?~r~p~ Owned 5. Parcel subject lO VEPCO Easement
by Dmrymen~ I c.~ M.~. t · - for pole along Pr~ldence Rd.,
(B) "Subdlvlsio~ of. Parcel ~-I-~ for ABC. Mini D.B. 1038~ P 736.
Warehouse Co /College Pork, M.B. 152, P. 14. _ .........
3. Bearing and distances shown hereon reflect the
resu &s of an actual field survey and co~ply wi~h
pins found which coinc de with previous plats et
record ~s referenced.
CERTIFICATION
I H[~[~Y CErTIfY tho~ ~his boundary su~vey,lo ~he best of my ~nowledge and belief,~ c~reet and co~he~
Land'Suaveness,and Certified L~ndscape A~chilects Th~s s~rvey was made unde~ m~ s~pe~s,~ on August 29, 19~4.
- 35 -
Item II-J.5
CONSENT AGENDA
ITEM # 23054
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance appointing viewers in the petition of
RUNNINGTON INVESTMENT CORPORATION for the closure of a portion of 22nd
Street (Lynnhaven Borough).
The Viewers are:
Robert J. Scott
Director of Planning
C. Oral Lambert, Jr.
Director of Public Works
David M. Grochmal
Director of General Services
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 35a -
ORDINANCE APt~D1NTING VIE '~
WHEREAS, Ru~nington Investment Corp., a Virg~inia corpOration, has
given due and proper notice, in accordance with the statutes for such cases
made and provided that they will on Janizary 14, 1985, apply to the City
of Virginia Beach, Virginia, for the appointment of View~rs to view the
below-described property and report in writing to the City Council whether
in the opinion of the Viewers, what, if any, inconvenience would result
frc~n the discontinuance of the hereinafter described portion of that
certain street, and has filed such application with said Council.
NC~, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
AND C. 0ral Lambert, Jr.
David Grochmal
, are hereby appointed to view the
below-described property and report in writing to the Council, as soon as
possible, whether in their opinion any, and if any, what inconvenience
w~ald result in the discontinuing and vacating of the portion of that
certain street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
All of that certain part or parcel of land located in the City
of Virginia Beach, Virginia, which said parcel is a part of 22nd
Street (to be closed) described as beginning at the southeast
corner of the intersection of Barberton Drive and 22nd Street;
thence along the south side of 22nd Street S82°02'00"E 326.00
feet to a point, thence S67°21'00"E 96.00 feet to a point on
the south side of 22nd Street which said point is the true
point of beginning of the portion of 22nd Street to be closed;
thence N22°39'00"E 50.00 feet to a point on the north side of
22nd Street, thence S67°21'00"E 145.33 feet to a point on the
dividing line between the property described herein and that
of the "Subdivision of Seacrest Park" which is recorded in Map
Bock 29 at page 75, thence along said dividing line S62~13'00'~
64.86 feet to a point on the south side of 22nd Street, thence
N67°21'00"W 104.01 feet to the point of beginning. 5~ne portion
of 22nd Street to be closed described herein contains 6233.75
sq. feet or 0.14 acres.
January 28, 1985
- 36 -
Item II-J.6
CONSENT AGENDA
STEM # 23055
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance appointing Viewers in the petition of S AND C
COMPANY for the closure of a portion of Sandra Lane (Kempsville Borough).
The Viewers are:
Robert J. Scott
Director of Planning
C. Oral Lambert, Jr.
Director of Public Works
David M. Grochmal
Director of General Services
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 36a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, S and C Co., a Virginia general partnership has
given due and proper notice, in accordance with the statutes
for such cases made and provided that they will on the 14th
day of January, 1985, 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 discontinu-
ance of the hereinafter described portion of that certain
street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT
Robert J. Scott
C. Oral Lambert~ Jr.
and David M.Grochmal
are hereby appointed to view the below described property and
report in writing to the Council as soon as possible whether
in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of a portion of that
certain street located in the City of Virginia Beach, Virgin-
ia, and more particularly described as follows:
Ail that certain portion of Sandra Lane, situated
in the City of Virginia Beach, Virginia, bounded on
the north by the right-of-way of Indian River Road,
on the south by the right-of-way of Mineola Drive,
on the west by "PARCEL 'A-4'" and on the east bv
"PARCEL 'A-2'" and "PARCEL 'A-i'", all as shown on
that certain plat entitled "RE-SUBDIVISION OF
PARCEL 'A', INDIAN RIVER ESTATES, SECTION ONE,
KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.",
dated January, 1957, made by Frank D. Tarrall, Jr.
& Associates, duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 43, at page 40, and more
particularly bounded and described with reference
to said plat as follows:
To establish the point of beginning, begin at
a point in the southern line n~ ~.~ ~ight-
of-way of Indian River Road (Route 603), at
the intersection of said southern line of the
right-of-way of Indian River Road and the
January 14, 1985
Runnington Investment Corp.
Closure of portion of 22nd Street
Lynnhaven Borough
- 36b -
eastern line of the right-of-way of MacDonald
Road, as projected; thence run S. 64° 57' 10"
E., a distance of 189.29 feet to a point;
thence continue S. 64° 57' 10" E., a distance
of 297.77 feet to a point, the point of
beginning; thence from said point of begin-
ning, running S. 64~ 57' 10" E., a distance of
90 feet to a point in said southern line of
the right-of-way of Indian River Road; thence
turning and running along an arc of a curve to
the left, having a radius of 20 feet, an arc
distance of 31.42 feet to a point in the
eastern line of the right-of-way of Sandra
Lane; thence running S. 25~ 02' 50" W., a
distance of 235 feet to a point in said
eastern line of the right-of-way of Sandra
Lane; thence running along an arc of a curve
to the left, having a radius of 10 feet, an
arc distance of 15.71 feet to a point in the
northern line of the right-of-way of Mineola
Drive; thence turning and running N. 64~ 57'
10" W., a distance of 70 feet to a point in
said northern line of the right-of-way of
Mineola Drive; thence turning and running
along an arc of a curve to the left, havinq a
radius of 10 feet, an arc distance of 15.71
feet to a point in the western line of the
right-of-way of Sandra Lane; thence turning
and running N. 25° 02' 50" E., a distance of
235 feet to a point in said western line of
the right-of-way of Sandra Lane; thence
running along an arc of a curve to the left,
having a radius of 20 feet, an arc distance of
31.42 feet to a point, the point of beginning.
Ail the above as shown upon that certain plat entitled
"RE-SUBDIVISION OF PARCEL 'A', INDIAN RIVER ESTATES, SECTION
ONE, KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.," duly
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 43, at page 40,
a copy of which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
ADOPTED: January 14, 1985
January 14, 1985
- 36d '
MACDONALD
RD.
LA.
//
MtLISSA
I
- 37 -
Item II-J.7
CONSENT AGENDA
ITEM # 23056
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance authorizing and directing the City Manager
to execute Cost Participation Agreements with INVESTORS SERVICE CORPORATION
for WATER and SEWER FACILITIES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 37a -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS WITH INVESTORS
SERVICE CORPORATION FOR WATER AND
SEWER FACILITIES
WHEREAS, Investors Service Corporation is desirous of
developing land located in the Kempsville Borough in accordance
with the terms and conditions of the city ordinances, and
WHEREAS, in order to provide water and sewer services to
this project, it is necessary for the developer to construct
certain water and sewer facilities, and
WHEREAS, the city desires to enter into cost participation
agreements requesting the developer to engage in construction
greater in scope than is necessary for the project in order to
provide water and sewer services to citizens outside the
project limits, and
WHEREAS, the city's share of costs is estimated at $3,368
for water and $10,650 for sewer improvements and such costs
may be charged to existing capital projects 5-304 Small Line
Improvements and 6-316 Various Sewer Projects respectively, and
WHEREAS, such construction at this time will provide for
future needs and prevent the city from having to incur addi-
tional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute
cost participation agreements with Investors Service
Corporation for construction of water and sewer facilities in
Carriage Mill Subdivision. Said agreements are attached
hereto and the same are hereby approved.
That this ordinance shall be in effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 14 day of January , 1985.
JC?~/31/ORD
January 14, 1985
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 3rd day of ..... Se_p~e_m_be_r
19__87._, by and between Investors Service Corporation
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of
Carriage Mill Subdivision
and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for Owner to construct certain water
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
~partment of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
of $ 3,368.00 after successful completion of the
System and acceptance thereof by the City in accordance with the
approved plans.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons withi~ and without the Project limits.
4. Upon successful Completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to water connections, water mains,
valves, fittings, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
system. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof, the Owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
1:, ,',']'.'... x5 %'.,.ER~.o , Investors Service Corporation
· .' :.~: caus~-u Jt~' name to be hereunto signed by Warner L. Blunt, III
, and the City of Virginia Beach,
Virginia has caused its name to be hereunto sJgned by
, its City Manager.
WITNESS the following signatures and seals.
_.ATE OF VIRGINIA:
COUNTY OF HENRICO, to-wit:
The foregoing instrument was acknowledged before
me this 3rd day of Septen%ber 1984, by Warner L. Blunt,
President and Paige C. Martin, witness.
My Commission 7.'xpires.~25 July 1987
/ Notary/~dbli¢ J
By
CITY OF VIRGINIA BEACH, VIRGIN3
;.['PROVED AS TO FORM
... l,~{Ty
By
City Manager
ATTEST
~ERTIFIED AS T.O AVAILABILITY OF FUND,~
:~-z-~: ".
~ity. of Virginia Beach, Va.-Assistant City
..,._ /~anager for Administration
Doie
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this 3rd day of September,
19 84, by and between Investors Service Corporation
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of
Carriage Mill Subdivision
and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS~ in order for Owner to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
ca_.. ~aymcn% t~ Owner in the amount
2. Thc C~ty shai] ~.ake =' .
3f $ 10,650.00 after successful completion
~ f the System and acceptance thereof by the City in accordance
with E>:hibit A.
3. The City shall have the right at any time to make,
connect, or permit the connection of any Other sewer facility to
the System. Any such connection may be at any point, and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of-the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains,
laterals, pipes, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach.as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless ~rom
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
System. In the event any calim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on
account hereof, the Owner at its sole co~t shall defend the City
against such claims.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
~ity of Virginia Beach, at Owner's exoense.
.......... Investors Service Corporation
· .'~..~ cahscu ~t~' name to be hereunto signed by Warner L. Blunt, III
, and the City of Virginia Beach,
Virginia has caused its name to be hereunto signed by
, its City Manager.
WITNESS the following signatures and seals.
.;
_.ATE OF VIRGINIA:
COUNTY OF HENRICO, to-wit:
The foregoing instrument was acknowledged before
me this 3rd day of September 1984, by Warner L. Blunt,
President and Paige C. Martin, witness.
My Commission Expires~5 July 1987
/ .ot r? blio J
By
ATTEST
CITY OF VIRGINIA BEACH, VIRGIN'
j..?~,ROYED AS TO FORM
By
City Manager
ATTEST
~ERTIFIED A& T.O AVAILABILITY OF FUND~
.City. of Virginia Beach, Va.-Assistant City
,,,,,.. ~anager for Administration
Dal:e
- 38 -
Item II-J.8
CONSENT AGENDA
ITEM # 23057
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance authorizing Tax Refunds upon application
of certain persons and upon certification of the Treasurer for payment in the
amount of $237.60.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
FORM NO. C.A. 7
1 2/20/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Ihe following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAHE Tax Type Ticket Exonera- Date Penalty Int.
Year of Tax Number tion No. Paid
Total
Mike W Mock 84
Fire Brand Emergency Vehicle 84
PP 193183-9 11/21/84 26.04
PP 181441-2 11/14/84 211.56
Total
237.60
DEi I'. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling C
$-2-3-7~-60 were approved by
the Council of the City of Virginia
Beach on the 14 day of .January. ~
1985 J
L~d~rti ' d as to payment;
n T. Atkinsor~, T-reasurer
Ruth Hodges Smith
City Clerk
Approv. e,d as to
January 14, 1985
- 39 -
Item II-K. 1
APPOINTMENTS
ITEM # 23058
Upon NOMINATION by Councilman Robert Jones, City Council REAPPOINTED Judge
Thomas F. Betz, Jr., to the TIDEWATER DETENTION HOME BOARD for a three
year term beginning January 1, 1985 and ending December 31, 1987.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 40 -
Item II-L.1
UNFINISHED BUSINESS
INDIAN CIRCLE TOWNHOUSES
ITEM # 23059
The City Manager advised the applicants' attorney, V. Alfred
telephone conversation, requested WITHDRAWAL of the Request
of a condition.
Etheridge, via
for a WAIVER
Martha B. Daniels, of Indian Circle Townhouses, spoke in opposition
to the WITHDRAWAL
Upon motion by Councilman Fentress, seconded by Vice Mayor McClanan, City
Council DENIED the Request for a WAIVER of a condition in the application for
a CONDITIONAL USE PERMIT by ROGER CAHOON AND LESLIE TERRY to construct 28
apartment units (Approved by City Council 3/12/73) (Indian Circle Townhouses).
The aforementioned condition is:
"A minimum of 15% of the total acreage be provided by
the developer for active recreation."
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 14, 1985
- 41 -
Item II-M.1
NEW BUSINESS
ITEM # 23060
VIRGINIA BEACH TOMORROW
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council APPROVED an Ordinance, on FIRST READING, to approriate funds
of $30,000 from the General Fund Balance to implement the plan for THE
VIRGINIA BEACH TOMORROW PROJECT.
Dr. E. T. "Joe" Buchanan presented the "process" document for the VIRGINIA
BEACH TOMORROW PROJECT (said document is hereby made a part of the proceedings).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr., D.D'.S.
This item was MOVED FORWARD on the AGENDA after the Resolution approving the
Issuance of Special Revenue Bonds from the Hampton Redevelopment and Housing
Authority to Apple Creek Associates I of Virginia Beach, Ltd. (Item II-I.2a.)
January 14, 1985
- 4la -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $30,000 FROM THE GENERAL FUND
BALANCE TO IMPLEMENT THE PLAN FOR
THE VIRGINIA BEACH TOMORROW PROJECT
WHEREAS, on January 14, 1985, Dr. E. T. Buchanan
presented to City Council the "process" document for the
Virginia Beach Tomorrow project, and
WHEREAS, City Council desires to support the
process and wishes to contribute $30,000 towards the
implementation of the plan, and
WHEREAS, the funding needed may be made available
from the General Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of
$30,000 be appropriated from the General Fund Balance for
the Virginia Beach Tomorrow project.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of , 1985.
FIRST READING:
SECOND READING:
January 14, 1985
JCM/ord January 14, 1985
ME MORANDU~7
TO:
FROM:
DATE:
SUBJECT'
Honorable Mayor and Members, Virginia Beach
City Council
E. T. "Joe" Buchanan ~
January 8 lOp~
V:az'ginia Beach To~'ao;~*ow E'.'iefing
I am on your January 14 agenda to brief you on '~[~.is subject.
I thought you might want to review the "Process" document in
advance of that briefing.
If I may answer questions in advance of the January 14 briefing,
please call me at 427-7245 (office) or 481-2595 (home).
/mea
Attachment
The process is stated as four distinct phases.
These are:
I. a.
b.
c. Determine Issues
11/27/84
Organize
Take Inventory of the City (Environmental Scan)
II. Perform an Analysis & Forecast of Factors, Both External
and Internal to the City.
III. Set Goals and Objectives, Develop Strategy, and Plan
IV. Implement the Plan; Monitor Implementation
11/27/84
VBT: PROCESS
PHASE I - ORGANIZE (NB-usually takes 3-6 months) AND DO INVENTORY
OF CITY EG. ENVIRONMENTAL SCAN, SELECT ISSUES
A. ORGANIZE
e
Establish Objectives for the Plan
Draft objectives are:
Through a collaborative public/private effort;
(a) To identify the major issues facing the city between
1984 and 2000, and to recommend strategies to
successfully address these issues.
(b) To anticipate future opportunities and problems and
to respond positively.
(c) To establish a mechanism for continuing, improved
communication between the elements of the public,
quasi-public, and private sectors.
Set Scope of Pro~ect
Time Frame - the.plan is being developed to culminate in
the year 2000.
Set Focus of the Plan
The plan will likely address five issues:
- water supply
- infrastructure ~
- quality of life
- economic development
- leadership development
Geographic Area
The plan is for the City of Virginia Beach, but will
take into account regionalized services and issues,
eg.:
- transportation
- waste water treatment
- water
2
Phase I
Set Budget
Out of pocket money costs* have ranged from:
- Windsor, Conn.
- Ft. Worth
- Memphis
- Philadelphia
- San Francisco
$ 25,000
$100,000
$ 70,000
$5OO,OOO
$5OO,OOO
*lower costs do not reflect contributions of city, etc.
staff time
Set Work Plan
- Set project schedule
- Who is responsible for each portion of planning
effort?
- Identify staff 6paid or volunteer) who will be
required, when they will be required, where they will
be obtained.
- What products will be produced?
- What major meetings will be necessary?
Public Information
- Develop a plan; obtain reporter and editorial writer
En~age Consultant or Facilator
INVENTORY (Environmental Scan)
The inventory or scan has as an end product that handful of
issues that are critical to the city's future (in the year
2000)·
In other cities' planning efforts, the issues selected have
ranged from 4 to 14. Among the issues studied were:
San Francisco
Housing
City Finances
Transportation
Job/Business Opportunities
Memphis
Economic Growth
Public Education
Housing
Amenities
3
Phase I
11/27/84
Tax Reform
Radical Harmony
Health Care Delivery
Black Enterprise
Neighborhoods
Consolidation
Public Transit
Leadership
Citizen Participation
Crime Prevention
Pasadena
Education/Human Services
Housing
Economic Development/Jobs
Neighborhood Preservation
Growth, Image of the. City
Philadelphia
Economic Development'
Poverty and Unemployment
The Public Purse
Energy
Water, Air, and Waste
Transportation
Housing
Education
Health and Human Services
The Peace of the City
Culture and Recreation
The Long-Term Future
Windsor
Public Health
Public Safety
Finance
Education
Social and Cultural Services
Civic and Participation
Naturally the issues to be studied vary from city to city.
4
Phase I
~/27/84
The process for determining which issues to study has two
aspects:
1. External+Local Data
A. Determining External Trends
B. Cohort City Data
2. Forecasting
1. EXTERNAL+LOCAL DATA
a. Megatrends
This inventory initially focuses on factors EXTERNAL to the
city, which will affect our future, ie. the "me~atrends".
These include tax limitation movements, interest rate
changes, export/import trends, major industrial shifts,
antitrust suits against local government; historic
rehabilitation; growth in the hotel/motel (convention)
business; increase in for-profit health care agencies;
proliferation of long distance telephone providers;
declining/increasing use of Appalachian coal; growth in the
festival business, and cable TV. In other words, what are
the "megatrends" affecting all cities--but in particular our
city? (A "futurist" might be hired to do a lecture session
for half a day. Example--Marvin Cetron)
b. Cohort Cities
One part of the external inventory should be an examination
of cities of similar size and/or characteristics, eg.,
suburban cities with a heavy government employment (such as
San Diego), or the half dozen cities we compete with for the
tourist dollar, or selected cities with a similar bond
rating and demographics. This exercise is useful to compare
Virginia Beach against our competitors.
c. Synthesis of a and b
A third aspect ties the megatrends (global, national,
regional, state) and the cohort city data to Virginia Beach
data, so Virginia Beach data can be read a~ainst both peer
city and megatrend data. Local data is gathered as [ollows:
Types of Information to Review During Scan
Population and Demographics
Growth/shrinkage
Age distribution
Household size
Ethnic/minority groups; refugees (42 languages spoken in Va. Be
Education levels
Phase I
11/27/84
Income levels and trends
School population
Economy
Employment by sector (services, construction,
manufacturing, etc.)
Cost and availability of financing
Average size of employer
Health of central business district(s)
Unemployment levels
Skill profile of labor force
Identity of major employers/industries and their prospects
Growth/shrinkage of industries and sectors
Cyclical nature of key industries
Labor cost/unionization
Private investment (hotels, office buildings, etc.)
Technology
Government Fiscal health
Citizen perceptions and expectations
Intergovernmental relationships
Political "clout" within state and region
Extent and quality of public services
Capital improvements plans
Public infrastructure (condition and needs eg.
availability of capital)
Phys£cal Characteristics
Climate
Geographic location
Land available for development
Density
Availability of water
Each of the items should be reviewed from three overall
perspectives:
- Past, present, and future. ~at has happened in the past,
ie. the past 20 years? What is the current situation?
What is likely to happen during the time frame of the
plan, eg. until 2000?
- What is happening nationally? Internationally? Within
the state? In the region? These portions of the scan can
provide comparative information. For example, income
trends in a city or county are much more meaningful when
compared with those in the region, state, and nation. In
addition, this is the point at which the impact of
national, regional, and other external factors impacting
on the city or county is initially assessed. If the
6
Phase I
:1.1/27/8z~
city's dominant industry is declining overall. (perhaps it
has been superseded by technological developments, or a
major group of customers is decreasing in size), the
health of the local economy will warrant additional
investigation. If housing construction is a virtual halt
nation-wide, on the other hand, a slowdown in construction
locally may seem less important.
- Opportunities and constraints.
For example, projections
of real estate development based on historic trends would
be rendered all but meaningless if the supply of develop-
able land in the jurisdiction has just been exhausted.
(eg. Va. Beach "build out" is forecasted for 2010) On the
other hand, a shortage of developable land could point to
an opportunity to annex unincorporated sites on the city's
borders. A shortage of skilled labor may hinder a county's
attempts to attract new industry, but it also might present
an opportunity to train unskilled, unemployed workers.
'This is the critical part of this exercise--matching
megatrend, national, and regional data with local data eg.
matching developing technologies to local industrial
development. The time span of this inventory should be
the 20+ year history of the city. (The future may be less
like the last 3-5 years than we wish to believe!) Insofar
as possible, data should be presented in graphs.
2. FORECASTING
A second portion of this inventory or scan is a look at the
future, ie. FORECASTING.
Ail relevant studies, plans, and projections by staff,
council committees, SEVPDC, banks, utilities, etc. should be
gathered, synthesized, and made available. (Perhaps our
Municipal Reference Library can assist?)
Three scenarios should be developed:
1. Straight line trend projection.
2. Expected scenario, i.e. the most likely future.
3. Constraint scenario, eg. suppose we don't get an
additional water supply?
An example of forecasting is the San Francisco data which is
presented on the next page.
7
Phase I
11127184
San Francisco ProJecUons
(197~ ac lO80)
PopulaUofl
1~JO
Employment
Job Grower
12.12
WiDe · Salarr
(19e0 S--Billions)
642.000
699.000
57.3OO
~.500
13.41
14.43
(1980 S--Billions)
1990 3.13
2000 3.37
Housing Pr~ducUon
19~).1~J0 6.(X~
O.K l~JO O.K
~X:)O laxeO
(The Virginia Beach forecast should show 1984 in the left
column and 2000 in the right column.)
It is my suggestion that much of the work on this scan be
done by city staff. This is obviously subject to review and
approval by city leadership.
8
Phase I
C. SELECTION OF ISSUES (The Steering Committee)
With the external data related to internal data, and
forecasts made, the next step is to identify and define the
issues. ?he trend analysis and forecast should give all our
participants the same data base about the city eg., where it
fits nationally, etc., and the interrelationships among
issues, eg. housing and transportation.
It is suggested that the issues to be studied in Virginia
Beach be initially identified as:
- water supply
- city infrastructure, especially roads
- quality of life
- economic development
- leadership development
We will have to be very careful as a steering group as we·
define the issues. Note that "economic development" can be
defined as:
- strengthening established industry and fostering emerging
industry (Cleveland)
OR
- increasing production and business activity and job
opportunity (New York)
OR
- fostering and attracting hi-tech (San Antonio)
Note also the Philadelphia example, wherein the traditional
issues (housing, education, transportation) were stated--but
four overriding roles were set forth--the city as innovator,
conservator, mediator, and enhancer.
Specific language tied to these four roles was:
- fostering innovation
- conserving and maintaining institutional and physical
infrastructure
- mediating and brokering among diverse interests
- providing an enhanced quality of life through amenities
Note the issues enumerated for San Francisco, Memphis,
Pasadena, Philadelphia, and Windsor above.
9
Phase II
t/27/ 4
PHASE II - EXTERNAL AND INTERNAL ANALYSIS
Now our group of citizens, et al., comes into play.
We now appoint task forces to do an external analysis--ie.,
determine threats and opportunities posed by the external
environment, and internal analysis--our city's strengths
and weaknesses with regard to each issue. Task forces
should include both professionals and volunteers, and
obvious stakeholders.
There should be 15 to 20 members in each task force. The
formation of the task forces, the selection of chairs, and
the expectations and training of the task forces are of
fundamental importance.
In Philadelphia, the task force participants ~ncluded
representatives of six basic constituencies: business,
labor, government, neighborhood and community groups, civic
organizations, and the academic community. Although
representation was neither statistically nor sociologically
precise, participants in all project activities were drawn
from these diverse backgrounds. Involvement of organized
labor and minority groups was less than desired.
To facilitate participation in the project, 12 task forces
were established for major policy areas such as economic
development, transportation, culture and recreation, and
housing and neighborhoods. Leaders were recruited from each
task force, and the leaders recruited members from the
constituencies listed above. Each task force typically had
a core of 15-20 active participants who attended meetings
and carried out the work of the group, and a ring of persons
who were involved less a~tively. This core and ring
structure helped the task forces to accomplish their
mandates while building networks.
In choosing task force leaders, Theodore Hershberg, the
project director, collected names of key people in each of
the 12 policy areas and then met individually with about 120
people before making the task force appointments. About
one-third agreed to be task force leaders and about one-
third agreed to serve on the project's advisory board. The
remaining third chose not to participate directly, but the
"one-on-one" interviewing process left even these people
well-informed and largely supportive of the project.
Spending sufficient time upfront on the selection of task
force chairmen was very important, because these individuals
were critical to the success of the effort.
10
Phase II
11/27/84
It seems clear that both the leaders and the members of each task
force must be trained, and need to have defined in detail the
format, length, level of detail, etc. for work products. Staff
support and BUDGET must be decided in advance of approaching
possible chairs. Among resources which should be defined in
advance are:
typists, photocopy costs; meeting places
The issue of whether or not consensus is forced within a task
force is critical. Perhaps early in the process, no effort
should be made to force consensus; the emphasis should be on new
ideas. Later, hard choices may need to be made--particularly for
questions involving resource allocation.
Our task forces should do an analysis of external and internal
factors which are relevant.
External Analysis
Each task force starts with the megatrend, etc. data.
"External" factors are defined as those which are
uncontrollable, and may include:
- water supply
- interest rates
- national, world trends
- regulatory and legislative changes, eg. tax free
bonds; deregulation; JLARC road formulae changes
- economic changes eg., Considering the considerable
investment the Virginia Beach infrastructure will
require, capital and its costs and availability--
from/for venture capital, home mortgages, bond money,
stocks-- will be a critical issue.
- social, political changes, eg. increase in church
attendance, high divorce rate, exercise boom, single
family homes and parents, political conservatism,
citizen activism
- technological changes, eg. impact on labor;
manufactured housing; cable TV; videodisks;
teleconferencing
11
Phase II
11/27/84
- demographic changes, eg. smaller households;
birthrate variables, increase in number of senior
citizens; changes in retirement age
Once each external factor is indicated, a brief report should be
prepared for each, outlining why it is important and what is
likely to happen. Of major importance is developin~
relationships between factors, eg. the "new" baby boom, and
housing needs.
Internal Analysis
Here our task forces identify internal strengths and
weaknesses. The task force turns to the data on peer cities
and compares and contrasts. We may have several sets of
peers--one set for tourist cities, another for military
cities, another for cities with considerable undeveloped
land, etc.
Here an analysis of, say, economic development literature
from competing cities help define our position. Of equal
importance as facts are perceptions. Considerable inter-
viewing or questionnaire administration might be done to
elicit perceptions of strengths and weaknesses. (CACI rpt.)
Once the strengths/weaknesses are measured and assessed,
qualitative factors, such as human resources, should be
examined. Of particular importance are the following:
Does the community have adequate leadership to
effect change?
Are there adequate and skilled staff to implement
new programs?
Is the issue affected by a large number of
organizations which do not coordinate their
efforts?
This human resource analysis is critical!
The task force then reviews the external analysis to
identify future trends, and matches strengths and weaknesses
with these trends.
Synthesis
The separate reports are now compiled into a single consis-
tent analysis. This can be done by a committee of all task
force chairs, or by some or all of the steering committee.
12
Phase III
11/27/84
This is the "Retreat Weekend"
Philadelphia used 24 national experts, anonymous local
reviewers, ensembles of persons from across task forces, and
seminars to integrate and organize.
The result of this step should be a series of reports--or a
report--describing the major external and internal elements
of the strategic issues. These reports will be the working
papers for the next step--Developing Goals, Objectives, and
Strategies.
PHASE III - DEVELOPING GOALS, OBJECTIVES, STRATEGIES
More specific goals are now developed. Each goal should
both build on a strength and negate a weakness.
Each goal should include at least one objective, a deadline,
and a monitoring element. Goals might best be finalized by
the policy makers, eg. City Council, not by staff or volun-
teers. Staff and volunteers should do the initial drafting,
but policy makers need to have a chance to buy into the
goals.
Next, staff--or the task forces--or some other group--
develop strategies for implementation of the goal. Each
proposed strategy needs to be evaluated on the basis of:
- cost
- personnel
- agencies, organizations involved
- time frame
- impact
- legal aspects
Next, criteria for selecting among strategies is identified.
In New York, "impact" and "feasibility" were the two
criteria. San Francisco used the following:
San Francisco Strategy Selection Criteria
Impact
What effect will this strategy have
on the goal of that task force?
+ - major
0 - medium
- - minor
13
Phase III
ii/27/ 4
Feasibility
Private Sector
Ability
How likely is it that the strategy
can be successfully i~plemented?
+ - very likely
0 - neither likely nor unlikely
- - very unlikely
~at is the private sector's
ability to impact the issue or to
bring expertise or influence to
bear on the strategy.
Timing
+ - great ability
0 - some ability
- - very little ability
How long will it take to Measure
the impact of-the strategy?
City Government
Acceptable
+ - short term (one year or
less)
0 - medium term
- - long term
Will this strategy be acceptable to
City Hall?
+ - definitely
0 - not sure
-- no
Compatibility
with Other
Strategies
Will this strategy also contribute
to the achievement of strategies or
goals in other task forces?
+ - yes
0 - no effect
- - a negative effect on others
Product Champion
An additional element is finding a "product champion".
There should be a single person--or persons--who are
committed to a strategy, and who are willing to work at it
for several years.
14
Phase IV
In addition to long term efforts, some short term efforts need to
be mounted, so there is some immediate pay off to keep the
process alive. Both short term impact and lon~ term benefit in a
sinsle strategy are important.
Once the strategies are selected by the steering group,
discussion is held with the Council to decide which are
politically viable.
Developin~ Action Plans
We don't publish strategies--we publish action plans.
plans state:
- who does what
- when
- who pays for it
DON'T seek official ~doption by Council*in toto.
organize to lobby for and monitor implementation.
personal commitments from as many Council members as
possible.
These
Do
Do get
PHASE IV - IMPLEMENTATION AND MONITORING
The hallmark of successful strategic planning implementation
in the private.sector is its linkage with the annual plan,
or budget cycle. Corporations have found that a large part
of strategic planning's value derives from its use as a
resource allocation mechanism; that is, the strategies
selected for implementation drive the corporation's
investment and budget decisions. In this way,.
implementation becomes a part of everyday operations.
We should note the'Pasadena model. Pasadena implements
strategies in a traditional manner. The goals and
subsequent council discussions are tied directly to the
management objectives (MBO's) of key city staff members, as
well as being tied directly to the city's capital and
operating budgets. This results in very effective
implementation by city government, particularly since
achievement of established objectives is tied to salary
increases in Pasadena. It does not, however, lead to the
use of non-city resources for implementin~ key strategies.
The city is now trying to extend its implementation approach
to incorporate external resources.
15
Phase IV
11/27/84
Monitoring and Updating
A standing committee of the Chamber/CCO/City staff requests an
annual update from agencies/organizations, summarizes progress,
and issues a press release.
Updating is left up to the steering group.
- 42 -
Item II-M. 2
NEW BUSINESS
STEM # 23061
BOND REFERENDUM
The City Manager referenced City Council's request to have a BOND REFERENDUM
during the first quarter of 1985. As sixty (60) days notice must be given
regarding the date selected, the City Manager requested two Council Members
be chosen to work with City Staff to select a recommended date for said
BOND REFERENDUM.
The Mayor advised the City Manager he will confer with Council to select the
two Council Members to work with City Staff. These Council Members will
recommend a date for the BOND REFERENDUM and selection of Committees on
Roads, Water and Sewer, with a report to City Council January 21, 1985.
January 14, 1985
- 43 -
Item II-N.1
APPOINTEE EVALUATION
ITEM # 23062
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council DEFERRED until the City Council Meeting of January 21, 1985, the
EVALUATION of the CITY MANAGER and the CITY CLERK.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings~ Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Verbal Aye
January 14, 1985
- 44 -
Item II-O.1
ADJOURNMENT
ITEM # 23063
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADJOURNED the meeting at 7:25 p.m.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.~ Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Cou~il Members Absent:
J. Henry McCoy, Jr., D.D.S.
'. Hooks
Chief Deputy City Clerk
Ru/th Hod~es Smith, CMC
City Clerk
City of Virginia Beach
Virginia
*Verbal Aye
January 14, 1985