HomeMy WebLinkAboutJULY 10, 1989
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CITY COUNCIL
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JULY 10, 1989
ITEM 1. GROWTH MANAGEMENT WORKSHOP - Conference Room - 11:00 AM
ITEM 11. CITY MANAGER'S BRIEFINGS
A. COUNCIL ON THE ENVIRONMENT
B. TAX RELIEF FOR THE ELDERLY, HANDICAPPED, DISABLED
Patricia Phillips, Director, Office of Research and Analysis
ITEM 111. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM IV. INFORMAL SESSION - Conference Roorn - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend James C. Rittenhouse
First Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - July 3, 1989
F. PRESENTATION
TASK FORCE TO STUDY THE RECREATIONAL EQUIPMENT ORDINANCE REPORT
William J. fiolloran, Jr., Chairman
G. PUBLIC HEARING:
1. PLANNING - RECONSIDERATIONS
a. Applications of R. G. MOORE BUILDING CORPORATION for
reconsideration of conditions to amend the restrictive
covenants so as to per-mit use by the general public and sale
and conveyance without City Council's prior approval:
1. From PD-H2 Planned Unit Development District to B-1 (As
Modified) Community-Business District on property located
at the Southwest corner of Independence Boulevard and Round
Hill Drive (GLENWOOD SUBDIVISION - KEMPSVILLE BOROUGH);
From PD-H2 Planned Unit Development District to P-1
Preservation District on property located n the North @nd
South sides of Independence Boulevard (Proposed), West of
Salem Road (GLENWOOD SUBDIVISION - I<EMPSVILLE BOROUGH);
Approved: December 9, 1985
From R-5 Residential District to B-2 Communi-@y Business
District on property located on the West side of Salem Road
4980 feet more or less North of Elbow Road (GLENWOOD
SUBDIVISION - KEMPSVILLE BOROUGH);
Frorn R-5 Residential District to PD-H2 Planned Unit
Development District on property locatud on the West sia-e
of Salem Road, beginning at a point 2060 feet more or less
North of Elbow Road and extending in a Westerly direction
to the Eastern boundary of Indian River Road (GLENWOOD
SUBDIVISION - I<EMPSVILLE BOROUGH);
Approved: February 25, 1985
AND,
2. From R-8 Residential District to P-1 Preservation District
on property located 460 feet North of the Northern terminus
of Broad Meadows Boulevard (CYPRESS POINT SUBDIVISION -
BAYSIDE BOROUGH);
Fro[n R-1 Residential District to P-1 Preservation District
on property located North of the Northern tenninus of Broad
Meadows Boulovard (CYPRESS POINT SUBDIVISION - BAYSIDE
BOROUGH);
From R-1 Residential District to PD-H2 Planned Unit
Development District on property located at the Northern
terminus of Broad Meadows Boulevard running along the
Northerii boundary of proposed Haygood Road (CYPRESS POINT
SUBDIVISION - BAYSIDE BOROUGH);
Frofn R-5 Residential District to R-8 Residential District
on property located 1741 feet North of the Northern
t(-rm i n us of Broad Meadows Boulevard (CYPRESS POINT
SUBDIVISION - BAYSIDE BOROUGH).
Approved: February 4, 1985
b. Request of JOHN and JOSEPHINE PARKER for reconsideration of
conditlons in the April 27, 1987, approved application of
Independence Tire, Inc. for a Conditional Use Permit for
installation of tires at the Northwest corner of South Plaza
Trail and Rosemont Road (LYNNHAVEN BOROUGH).
Scheduled for Reconsideration: June 5, 1989
2. PLANNING
a. Application of WAYNE R. and MARY G. EIBAN for a Conditional Use
Per7nit for a duplex in the AG-2 Agricultural District on Lot 9,
Nawney Creek (4525 Three Pines Lane), containing 1 acre (PUNGO
BOROUGH).
Recommendation: APPROVAL
b. Application of MARK R. JESPERSEN for a Conditional Use PerTnit
for a residential kennel on the West side of Charity Ne
Road, South of Gum Bridge Road, (4231 Charity Neck Road),
containing 11.35 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
c. Application of WILLIAM W. CHANDLER and WILLIAM DRINKWATER for
a Change of Zoning District Classification f rorn R-7.5
Residential District to A-12 Apartment District on Site F.
Linkhorn Park (3609 Holly Road), containing 10,672 square feet
(VIRGINIA BEACH BOROUGH).
Deferred: July 3, 1989
Recommendation: DENIAL
d. Petition of JERRY C. SEAY for the discontinuance, closure and
abandoninent of a portion of Windsor Crescent beginning at the
Northern boundary of Jefferson Boulevard and running
iNorthwesterly along the boundary of Lot 6, Block 57, Ocean
Park, Section C, containing 3527 square feet (BAYSIDE BOROUGH).
Recommendation: DENIAL
e. Applications of INDIAN RIVER COUNTRY CLUB ESTATES, L.P.
(PRINCESS ANNE BOROUGH):
1. Change of Zoning District Classification f rorn AG-1
Agricultural District to R-20 Residential District on
property located 600 feet North of Indian River Road and
600 feet West of West Neck Road, containing 211.8 acres;
2. Change of oning District Classification f rorn AG-2
Agricultural District to R-20 Residential i@strict on the
following par e s.
(a) Parcel I: located on the North side of Indian River
Road, 5403.35 feet more or less West of West Neck
Road;
(b) Parcel 2: located at the Northwest intersection of
Indian River Road and West Neck Road;
(c) Parcel 3: located on the West side of West Neck Road
North of Indian River Road;
(Three parcels contain a total of 79.1 acres)
AND,
3. Cond it iona 1 Use Permit for a rec reationa I faci Ii ty of an
outdoor nature (golf course) located at the Northwest
iritersection of Indian River Road and West Neck Road,
containing 180.8 acres.
Recommendation on All Three Applications: DENIAL
H. RESOLUTIONS/ORDINANCES
1. Resolution approving the location and major design features of
proposed project Alignment 4 on Constitution Drive and requesting
Virginia Department of Transportation acquire all rights-of-way
necessary for this project, conveying all rights-of-way to the City
at the appropriate time (CIP 2-007).
2. Resolution requesting the City Manager review the concept of an
arts-oriented New Yearts Eve celebration and make recornmendations
to City Council In August re FIRST NIGHT VIRGINIA BEACH.
3. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach:
a. Sections 28-6 and 28-7 re sewer line fee exernptions for certain
elderly, handicapped and financially disadvantaged persons;
b. Sections 35-64 and 35-66 re the exemption, deferral or freeze
of real estate taxation for elderly and disabled persons;
c. Sections 37-10 and 37-11 re recovery fee exemptions for certain
elderly, handicapped and financially disadvantaged persons.
1. CONSENT AGENDA
Al I matters I i sted under the Cc)nsent Agenda are considered in the
ordinary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. If an item is removed frOM thE, COnsent
Agenda, it will be dis--ussed and voted upon separately.
1. Resolution to charge-off $265,671.95 of accounts receivable as
uncollectible accounts as of June 30, 1989.
2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach:
a. ADD Section 6-32 re casting garbage, etc., Into waters;
b. Section 6-122, and ADD Sections 6-122.1, 6-122.2, 6-122.3 and
6-122.4 re operating motorboat, vessel, water skis, etc., while
under Influence of Intoxicating beverages or drugs;
c. Section 6-124 re life preservers, fire extinguishers required
on water vessels-,
d. ADD Sections 6-125 and 6-126 re skin and scuba divers; diver's
flag required and Identification numbers required on
motorboats;
e. ADD Section 7-62 re safety equipment required, moped operators
and passengers;
f. Section 23-7 re resisting, obstructing, etc., City Officers.
3. Ordiiiance authorizing and directing the City Manager to execute a
quitclaim deed releasing to the School Board the Cityts Interest in
a four hundred sixty-five (465) square feet parcel of a five (5)
acre parcel of land leased to the City by the School Board by lease
dated May 18, 1976.
4. Orditiance authorizing acquisition of property in fee simple for
right-of-way for left turn lane, Princess Anne Road at the Post
Office; and, the acquisition of temporary and permanent easements
of right-of-way, eitlier by agreement or condemnation.
5. Ordinance, upon SECOND READING, to APPROPRIATE $7,500 in additional
revenue for Contingencies to implement a Certificate of Occupancy
Program for rental units.
6. Orditiance, upon FIRST READING, to APPROPRIATE $129,994 to the
Department of Mental Health/Mental Retardation and Substance Abuse
tor enhancements to Departmental operations.
7. Ordinance to TRANSFER $128,500 to Project 2-816 Traffic Safety
improvements for sidewalk projects and geometric improvernents.
8. Ordinances authorizing ternporary encroachments into the City's
property as follows:
a. Nortli Bay Inlet Sout@i (3101 Little Island Road - Proposed
bulkhead and pier) to Wi I liam P. Deuchler, his heirs, assigns
and successors iii title.
b. Blue Gi I I Inlet (304 Tuna Lane - Proposed bulkhead, concrete
boat ramp, existing 101 x 161 dock) to Mi ]ton E. and Brenda S.
Womack, their heirs, assigns and successors in title.
9. LOW BIDS:
a. REA Construction Company, in the amount of $81,280.65, for the
Spigel Road Improvement Project (CIP 2-837).
b. Conrad Brothers, Inc., in the amount of $3,064,305.25, for
Resort Streetscape Improvements, Section 1, Phase 11 (CIP 2-
067, 5-966, 6-925).
c. Lttility Builders, Inc., for Lakeview Park in the amounts of:
$1,193,793.40, Contract I (CIP 6-932), Sanitary Sewerage
and Water Distribution Facilities;
$1,324,248.50, Contract 11 (CIP 5-021), Sanitary Sewerage
and Water Distribution Facilities;
d. Woodington Corporation, for Lakeview Park in the amount of:
$183,239.00, Contract Ill (Bid No. 0369), Sewer Pump
Station.
10. Authorization to proceed with tinal design of lndlan River Road
Phase IV (CIP 2-065).
J. APPOI @ENTS
ADVERTISING ADVISORY REVIEW COMMITTEE
BOARD OF BUILDING CODE APPEALS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION
K. UNFINISHED BUSINESS
1. LIGHT RAIL ADVISORY REFERENDUM
Resolution pursuant to Section 3.05(f) of the Charter of the City
of Virginia Beach requesting that the Circuit Court of the City of
Virginia Beach enter its order placing an Advisory Referendum on
the November 7, 1989, Ballot subrnitting to the voters certain
proposed ordinances providiiig for a LIGHT RAIL SYSTEM between the
City of Virginia Beach and the City of Norfolk.
2. Request for authorization to grant permission to developers of
Lynnhaven Office/Industrial Park to extend Sabre Street between
South Lynnhaven Road and Lynnhaven Parkway.
L. NEW BUSINESS
1. Interim Financial Statements for Period July 1, 1988 through
May 31, 1989.
M. ADJOURNMENT
CITY COUNCIL RECESS
July 11 - 31, 1989
cmd
7/6/89
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Item IV-E.I.
MINUTES TTEM # 31582
Upon motion by Councilwoman fienley, secoiided by Councilman Baum, City Council
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of July 10, 1989, as
CORRECTED:
TTEM # 31538 - Ttem V-G.2.b. - Page 26
ORDINANCE UPON APPLICATION OF MARK R. JESPERSEN FOR
A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
R07891239
The following condition was omitted:
5. The Conditional Use Permit shall be for this
applicant only and not continue with the land.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council @lembers Absent:
Reba S. McClanan
August 7, 1989
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrginia Beach, Vlrginla
July 10, 1989
The GROWTH MANAGEMENT WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called
to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on
Monday, July 10, 1989, at 11:00 A. M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
Consultants Present:
Robert Pierson - Project Manager - Rogers, Golden & Halpern
Charles Siemon - Attorney - Siemon, Larson & Purdy
Wendy Larsen - Attorney - Siemon, Larson & Purdy
- 2 -
C I T Y M A N A G E R 'S B R I E F I N G
COUNCIL ON THE ENVIRONMENT
12:30 P.M.
ITEM # 31508
Jack Whitney, Director of Environmental Management, advised the Office of Ocean
and Coastal Resource Mangement (OCRM) of the National Oceanic and Atmospheric
Administration (NOAA), U.S. Department of Commerce and the Virginia Council on
the Environment, will hold a PUBLIC HEARING for the purpose of receiving
comments on the Commonwealth of Virginia's request to amend its federally
approved Coastal Resources Management Program by incorporating the 1987, 1988,
and 1989 amendments to the Coastal Primary Sand Dune Protection Act, as amended
in 1985. This Hearing will also solicit comments on issues to be addressed as
part of the federal review of the request under the National Environmental
Policy Act (NEPA). Jack Whitney introduced Ellie L. Irons, Environmental
Programs Analyst - Council on the Environment, and Sharon Anderson, Assistant
Administrator - Council on the Environment. The Hearing will be SCHEDULED July
19, 1989 at 7:00 P.M. in the City Council Chambers of Virginia Beach.
Sharon Anderson, Assistant Administrator for Chesapeake Bay and Coastal
Programs, Virginia Council on the Environment, advised Virginia's Coastal
Program began in 1986. The Sand Dune Act was one of the pieces of legislation
contained in the Coastal Program. In March 1987, the Virginia General Assembly
made changes and additions to the language in the 1985 amendment. These changes
served to more clearly delineate Sandbridge Beach as an area in jeopardy from
erosion, to expand the area included in the provision that owners of Sandbridge
property shall not be prohibited from erecting and maintaining bulkheads, to
protect the rights of adjacent property owners, and to supply measures designed
to prevent the possibility of erosion between adjoining but non-contiguous
bulkheads.
The 1988 General Assembly eliminated the requirement for the adjacent property
owner's consent to the proposed construction of bulkheads. It also established
June 1991, as the expiration date for construction of bulkheads.
The 1989 General Assembly amended the act to clarify the language by
substituting and defining the word "beach" where the term "reach" had been
previously used.
NOAA has three courses of action, once the formal amendment request is
reviewed:
The amendment can be APPROVED.
The amendment can be DENIED.
APPROVAL of the amendment can be DELAYED.
Under the Federal Regulations, NOAA has authority to CANCEL Virginia's Coastal
Program.
- 3 -
C I T Y M A N A G E R 'S B R I E F I N C
TAX RELIEF FOR THE ELDERLY, HANDICAPPED, DISABLED
12:42 P.M.
ITEM 31509
Lee Hedberg, Research Co-ordinator Department of Research and Strategic
Analysis, presented information relative Tax Relief for the Elderly,
Handicapped and Disabled.
Since 1980, the amount of relief offered through the Real Estate Tax Program
has gone from approximately $27,000 to over $405,000 in fiscal year 1988-89,
which is a significant increase. From 1987-88 to 1988-89, the increase in the
Program had been approximately 29%. In Fiscal Year 1987, City Council APPROVED
an increase in the income and net worth limitation from $15,000 and $40,000
respectively to $18,000 and $50,000 respectively. This resulted in
approximately a 74% increase.
Lee Hedberg referenced:
GENERAL ADJUSTMENTS
1. $7,500 income exclusive for disabled (Water &
Sewer)
2. Update poverty income parameters (Water & Sewer)
3. Align $7,500 income exclusive for disabled.
4. Eliminate 2-year residency requirement.
5. Application period January I to June 30
6. Late Filing deadline: July 31
7. Application every three (3) years (Annual
certification)
8. Clarify City Code on Water & Sewer exemption
Lee Hedberg advised the Real Estate Tax Relief Options:
OPTION INCOME NET WOR'FH FIRST YF-AR COST FIVE YEAR COST
1 20,000 60,000 525,000 $3.25-MILLION
2 22,000 60,000 581,500 3.60-MILLION
3 18,000 50,000 498,300 3.46-MILLION
22,000 75,000
4 19,000 60,000 511,700 3.47-MILLION
22,000 75,000
5 18,000 50,000 498,300 3.08-MILLION
The Net Worth computation is exclusive of the house and up to one-acre of
property. Options 3 and 4 represent a gradual approach. If income and net worth
remained the same for the next year, three years later, the City could increase
it to the state maximum of $22,000 (income) and $75,000 (net worth) with some
intermediate change in between.
- 4 -
I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 31510
The City Manager advised Request for authorization to grant permission to
developers of Lynnhaven Office/Industrial Park to extend Sabre Street between
South Lynnhaven Road and Lynnhaven Parkway had been REMOVED from the AGENDA.
(See Item V-K.2 under UNFINISHED BUSINESS).
ITEM #31511
The City Manager referenced an ADD-ON Resolution directing the Planning
Commission to investigate and make recommendations pertaining to bus terminals,
parking for bus terminals and other similar and related uses, should City
Council wish to ADD this to UNFINISHED BUSINESS.
- 5 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM #31512
Mayor Oberndorf referenced a PUBLIC HEARING SCHEDULED by Senator Joseph V.
Gartlan, Jr., of Fairfax County, Chairman of the Joint Subcommittee Studying
Laws relating to the Towing and Recovery Industry (SJR 206). The PUBLIC HEARING
will be Friday, July 21, 1989 at 2:00 P.M. in the Virginia Beach City Council
Chambers. All interested persons are invited to attend and make their views
known to the group. Specifically, the Subcommittee is seeking the comments of
towing and recovery operators, law enforcement personnel, local government
officials, consumer representatives and interested citizens on the following
issues:
The identification, removal and disposal of abandoned vehicles
The towing of vehicles which impede the flow of traffic
The ability of towing and recovery operators speedily to respond
to motor vehicle crashes and similar emergencies
The availability of information necessary to enable towing and
recovery operators to identify and notify owners of towed vehicles
and persons having a security interest in those vehicles.
The timeliness and adequacy of notices provided to vehicle owners
and persons having a security interest in those vehicles when
vehicles are towed.
The adequacy and fairness of mechanisms by which owners of towed
vehicles and persons having a security interest in those vehicles
may reclaim the vehicles
The need for immunizing towing and recovery operators from law
suits for wrongfully towing vehicles
The need for statutory apportionment of towing charges among
owners of tractor trucks, semitrailers, trucks, and their cargoes
The adequacy and appropriateness of liens presently available to
towing and recovery operators for towing and storage charges
The need for government compensation of towing and recovery
operators for removal and disposal of abandoned vehicles
The desirability and feasibility of providing government payments
to persons who wish to discard vehicles, in order to keep these
vehicles from being abandoned along the highways or on other
public or private property.
Serving with Senator Gartlan on the Subcommittee are: Senator Moody E.
Stallings of Virginia Beach, Senator Kevin G. Miller of Rockingham; Delegate
James F. Almand of Arlington; Delegate Barnard S. Cohen of Alexandria; Delegate
Howard E. Copeland of Norfolk; Delegate Jack Kennedy of Norten; and Delegate
James B. Dillard, II, of Fairfax County.
Councilman Balko requested this PUBLIC HEARING be video-taped for Members of
City Council.
- 6 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31513
Mayor Oberndorf referenced letter of June Twenty-sixth from William H. Hegge,
Refuge Manager of MacKay Island National Wildlife. This is an invitation to the
City Council to visit the facility either collectively or independently at
their convenience (Said letter is hereby made a part of the record).
ITEM # 31514
Mayor Oberndorf referenced the Tenth Anniversary and Dedication Celebration for
HERMES ABRASIVES on September 10, 1989, at 11:00. The Governor will be in
attendance frorn 11:00 to NOON.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31515
Vice Mayor Fentress referenced the JUDICIAL CENTER Project. The City Manager
advised information has been forwarded to City Council and suggested a WORKSHOP
be SCHEDULED for an August City Council Agenda.
Councilman Moss would not be in favor of making a tax increase without the
public's endorsement. Councilman Moss would be in support of a referendum or
making a cut in the Budget.
ITEM # 31516
Councilman Sessoms referenced a message for the Mayor from Irvine Hill,
Director of Communications for Cox Cable, advising of a meeting with Friends of
the Financial News Network. Mayor Oberndorf advised, as she will be out of
town, a representative will attend in her stead.
ITEM # 31517
Councilman Sessoms mentioned Curtis Strange and the possibility of recognition.
The City Council advised Curtis Strange, United States Open Champion for the
Second Year, had received a RESOLUTION IN RECOGNITION at the City Council
Meeting of June 27, 1988.
ITEM # 31518
Councilwoman Parker referenced the FINAL REPORT OF THE MAYOR'S TASK FORCE TO
STUDY THE RECREATIONAL EQUIPMM ORDINANCE. In the report, Vote No. 11 stated
"Should a Referendum be placed on the May 1990 Ballot asking the Voters whether
front yard parking of Recreational vehicles is to be allowed in Virginia
Beach?" The Vote was NO 11-1. Councilwoman Parker inquired whether the Council
was interested in placing said REFERENDUM on the November Ballot.
Mayor Oberndorf advised the citizens are preparing a petition to request City
Council to place same on the Ballot.
ITEM # 31519
Vice Mayor Fentress will sponsor the Resolution directing the Planning
Commission to investigate and make recommendations pertaining to bus terminals,
parking for bus terminals and other similar and related uses under NEW
BUSINESS.
ITEM # 31520
Councilman Perry expressed concern relative the deceleration lanes on Newtown
Road at Food Lion, which are too short. Councilman Perry witnessed three
accidents.
ITEM # 31521
Councilman Moss advised residents in the vicinity of the Rosemont Forest
Elementary School were concerned the access to the School from the Round Hill
Drive side be provided by the beginning of the School Year, September 1989. At
present, the only access to that property is through Bellamy Plantation. The
residents wished to make sure there was a dual flow of traffic.
- 8 -
ITEM # 31522
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, July 10, 1989, at 1:22 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
None
- 9 -
ITEM # 31523
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATMRS: Discussion or consideration of prospective candidates
for employment, appointment of specific public officers and appointees,
or employees pursuant to Section 2.1-344(A) (1) for City Council
appointive agencies; and, (2) for Employment of a City Attorney.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, pursuant to Section 2.1-344(A) (3),
said property to be used for repair and parking of City vehicles,
recreation facilities, and/or construction of public buildings and
facilities.
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 10, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, July
10, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend James C. Rittenhouse
First Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNTTED STATES OF AMERICA
Item V-D. 1.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31524
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WIIEREAS: The Virgiiiia Beacti Ci.ty Council convened into EXECUTIVE SESSION, pursuant
to the affirmative vole recorded here and in accordance with tl-ie provisions of Tile
Virginia Frecdom of Information Act; and,
WIIEREAS: Scction 2.1-@144.1 of the Codc of Virgin:la recluir(,s a certification by the
governing I)ody LliaL such Executive Scssi.on was conducted in coilforiuity witli Virginia
law.
NOW, THEREFORE, BE IT RESOLVED: ThaL the Virg@Lnia Beach City Council hereby
certifies that, to thc besl of each meniber's knowledge, (a) otily public business matters
lawfully exempted froni Ol)en Meeting requiremonls by Virginia law were disclisscd in
Executive Session to whicli this certification resolulion applies; and, (b) only sucli
public business iiiatters as were idcntified in Llic niotion convening this Executive
Session wore heard, discussed or considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice @layor FenLress, seconcled by Councilnian Sessoms, City Cotincil voted
to proceed into EXECUTIVE SESSION Lo conslder:
PERSONNEL MATTERS: Discussion or consideration of prospeclive candidales for
employment, appointment of specific public officers and appointees, or employees
pursuant to Sectioii 2.1-344(A) (1) for City Council appointive agencies; and, (2)
for Employment of a City Attorncy.
PUBLICI,Y IIFLD PROPFRTY: Discussion or consideralion of tho coildition, acquisiti.on or
use of real property for public purpose, or of the disposili.ori of I)ublicly lield
property, pursuant to Section 2.1-344(A) (3), said prol)crly to be uscd for repair
and parking of City vehiclcs, recreation facliti.es, alid/or construction of I)ublic
I)uiidings and facili-ties.
VOTE:
Council Menibers Voting AYE:
Albert @@. Bal-ko, Jolin A. Baum, Vicc l@layor l@obcrt E. FeilLress, liarold
Ileiscliober, Barbara M. Ilenlcy, Reba S. McClanaD, Jolin D. Moss, @layor Moyera L.
Oborndorf, Nancy K. Parlcer, Jolin L. Perry and William D. Sossoms, Jr.
Council Metnbers Vociiig NAY:
None
Council Mcml)ors ABSTA.INING:
None
Council Mcnibers ABSENT for Lhc Vote:
Noti(@
Council Members ABSENT for Lhe Meeting:
Nonc
i Cleric
- 12 -
Item V-E. 1.
ITEMS RELATIVE
THE FORMAL AGENDA ITEM # 31525
Vice Mayor Fentress referenced a Resolution directing the Planning Commission
to investigate and make recommendations pertaining to bus terminals, parking
for bus terminals and other similar and related uses. Vice Mayor Fentress will
add this under NEW BUSINESS.
ITEM # 31526
The City Clerk referenced the request of Attorney William L. Nusbaum to speak
relative Authorization to proceed with final design of Indian River Road Phase
IV (CIP 2-065). (See Item V-I.10 of the CONSENT AGENDA).
ITEM # 31527
Councilman Moss distributed a copy of an ALTERNATE Resolution Directing No
Expenditures to be made on a Light Rail System prior to submission of the issue
to voters at an Advisory Referendum (See Item V-K.1 under UNFINISHED BUSINESS).
ITEM # 31528
The City Manager referenced the Request for authorization to grant permission
to developers of Lynnhaven Office/Industrial Park to extend Sabre Street
between South Lynnhaven Road and Lynnhaven Parkway (See item V-K.2 under
UNFINISHED BUSINESS). As additional staff research is required, this item will
be REMOVED from the Agenda.
ITEM # 31529
Councilman Baum referenced Ordinance authorizing acquisition of property in fee
simple for right-of-way for left turn lane, Princess Anne Road at the Post
Office; and, the acquisition of temporary and permanent easements of right-of-
way, either by agreement or condemnation. (See Item V-I.4 of the CONSENT
AGENDA). Councilman Baum requested information relative the extremely high cost
of this acquisition
ITEM # 31530
Councilman Baum referenced LOW BIDS: REA Construction Company, in the amount of
$81,280.65, for the Spigel Road Improvement Project (CIP 2-837) AND, Conrad
Brothers, Inc., in the amount of $3,064,305.25, for Resort Streetscape
Improvements, Section I, Phase 11 (CIP 2-067, 5-966, 6-925) (See Item V-T.9 of
the CONSENT AGENDA). Items relative road construction should contain the
length of the road.
- 13 -
Item V-E. 1.
MINUTES ITEM # 31531
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of July 3, 1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum
Council Members Absent:
None
Councilman Baum ABSTAINED as he was not in attendance during the Formal Session
of the City Council Meeting of July 3, 1989.
- 14 -
Item V-E. 2.
INTRODUCTTON
ADD-ON ITEM # 31532
Mayor Oberndorf introduced Mercedes Garcia Parreno, an Exchange Student from
Spain.
Mayor Oberndorf presented Mercedes with a CERTIFICATE OF HONORARY CITIZENSHIP
signed by all Members of City Council.
'Vao (gtinfcrreb fllc Tit[c of
- 15 -
Item V-F. 1.
PRESENTATION ITFAM 31533
William J. Holloran, Jr., - Chairman TASK FORCE TO STUDY THE RECREATIONAL
EQUIPMENT ORDINANCE, presented their report (Said report is hereby made a part
of the record.)
William J. Holloran advised the conclusions and recommendations:
1. The current ordinance is fair and adequately reflects the
aesthetic, safety, and environmental concerns of most Virginia
Beach citizens.
(Commensurate with this conclusion is the recommendation that
front yard parking should not be allowed in residential lots of
Virginia Beach.)
2. The definition of a recreational vehicle in the Virginia Beach
City Code needs to specifically deal with camping van conversion.
The suggested wording is contained in Addendum II which contains
a new draft ordinance recommended by the Task Force.
(This recommendation corrects a deficiency in the current law.
Camping van conversions with a standard van chassis, commercially
customized for camping which do not exceed the following
dimensions: 19' in length, or 8' in height, or 7' in width, most
often serve as second or even primary vehicles and are unlikely
to be cited for a violation by a City inspector.)
3. The private and public storage of recreational vehicles can be
equitably promoted by the City.
(The number of public and private facilities available for
storage of recreational vehicles is limited, and their owners do
contribute taxes to the City. The Task Force felt the private
sector might be persuaded to operate private commercial storage
facilities if a liberal attitude towards granting conditional use
permits where allowed, or variance were granted relieving certain
development requirements.)
4. The Task Force requests the City Council require that any free
standing residence to be approved for construction in Virginia
Beach have an unobstructed space of at least 10 feet wide by 20
feet deep on one side or the other of the residence. However, if
a tree of 2 inch caliper or more pre-exists, the tree is to have
priority and is to remain.
(In addition, the Task Force requests that any townhouse to be
approved for construction have 20-foot wide paved alleys
separating the rear yards of the buildings and that the required
off-street parking for each unit be accessible from these alleys.
This proposal should also include the provision that open spaces
in townhouse developments be adequate so that there would be
greater open space for trees, lawns and storm water infiltration
than the current density provides.)
5. The Task Force recommends wording be added to the ordinance that
strengthens the general conditions under which a recreational
vehicle may be stored in the City. These include conditions for
temporary front yard loading and unloading, flammable liquids,
dangerous or unsafe storage, proof of ownership, license
requirements and dumping.
(This provision is recommended is order to prevent abuse of the
twenty-four hour loading and unloading provision of the current
ordinance.)
- 16 -
Item V-F. 1.
PRESENTATION ITEM # 31533 (Continued)
6. The Task Force recommends wording be added to the ordinance that
strengthens the general conditions under which a recreational
vehicle may be stored in the City. These include conditions for
temporary front yard loading and unloading, flammable liquids,
dangerous or unsafe storage, proof of ownership, license
requirements and dumping.
(These provisions, which are reflected in the draft ordinance
(Addendum I) presented in the report, are intended to deal with a
variety of aesthetic, safety and environmental concerns denoted
by the members of the Task Force.)
7. The Task Force recommends that unannounced random inspections for
recreational vehicle compliance in residential subdivisions be
added to the "enforcement by complaint" policy of the City.
(The Task Force realizes this recommendation would have to be
accomplished within the current personnel limits of the City of
Virginia Beach. The Task Force felt the "enforcement by
complaint" consistently pits neighbor against neighbor and should
not be the only means of assuring compliance to a City ordinance
that is deemed necessary for the common good of its citizens.)
- 17 -
Item V-G.1
PUBLIC HFARING
PLANNING ITEM # 31534
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING - RECONSIDERATIONS
(a) R. G. MOORE BUILJ)ING CORPORATION AMEND/RESTRICRIVE COVENANTS
Glenwood/Cypress Point
(b) JOHN AND JOSEPHINE PARKER CONDITIONAL USE PERMIT
2. PLANNING
(a) WAYNE R. AND MARY G. EIBAN CONDITIONAL USE PERMTT
(b) MARK R. JESPERSEN CONDITIONAL USE PERMIT
(c) WILLIAM W. CHANDLER/
WILLIAM DRINKWATER CONDITIONAL USE PERMIT
(d) JERRY C. SEAY STREET CLDSURE
(e) INDIAN RIVER COUNTRY CLUB CHANCES OF ZONING AND
ESTATES, L.P. CONDITIONAL USE PERMIT
- 18 -
Item V-G.I.a
PUBLIC HEARING
PLANNING - RECONSIDERATION ITEM # 31535
The following registered in SUPPORT of the application:
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3600, represented
the applicant and advised the applicant wished to amend the restrictive
covenants so as to permit use by the general public and sale and conveyance
without City Council's prior approval. Attorney Nutter advised the applicant
had proffered three conditions: (1) The new owner would accept all the
responsibilities of R. G. 14oore Building Corporation, nothing can change
unless approved by City Council; (2) The new owner must maintain the Golf
Course to the same standard of care existing at the time of transfer, (3)
The City would receive full notice of any change in ownership and the names
of the principals in the corporation or partnership. R. J. Nutter referenced
letters from Norfolk Academy, Bayside High School, Virginia Wesleyan
College, Virginia Beach Crime Solvers and Operation Smile International in
support and appreciation for utilization of the Cypress Point and Glenwood
Golf Courses. Attorney Nutter also presented a petition in support of
allowing the public to play golf at Glenwood and Cypress Point. (Said
letters and petitions are hereby made a part of the record.)
Clarence Lupton, President - Southeastern Club Management, Inc., 11 Lighthouse
Lane Hilton Head Island, South Carolina 29928 Phone: (803) 686-2988, has been
employed by R. G. Moore to manage his golf courses and club houses.
Tom Spivak, 653 Lord Dunmore Drive, Phone: 424-5122, represented the Annual
DePaul Ilospital Golf Tournament, held at Cypress Point and Glenwood.
Harold McDuffie, 1164 Lawson Cove Circle, Phone: 499-4222 (Cypress Point)
Tom Dunford, 4907 Cypress Point Circle, Phone: 456-0601 (Cypress Point)
Deborah Henry, 5373 Lake Lawson Road, Phone: 490-8871 (Cypress Point)
Jean Nolf, 1176 Lawson Cove Circle, Phone: 456-9411, (Cypress Point)
George Kemp, 3737 Clubhouse Road, Phone: 340-6355 (represented both)
Margie Pearce, 1249 Foursome Lane, Phone: 490-2723, (Cypress Point)
M. L. Tomble, 5232 Clubhouse Road, Phone: 497-3060, (Cypress Point)
Colonel Ray G. Snyder, 5436 Clubhouse Road, Phone: 456-5654 (Cypress Point)
Sherry Taylor, 1211 Foursome Lane, Phone: 499-3908 (Cypress Point)
Chris Egan, 1200 Eagleway, Phone: 471-1474 (Glenwood)
The following registered in SUPPORT but WAIVED the right to speak:
Sandra Hormuth, 4132 Mill Stream Road, Phone: 340-6974
The following registered in OPPOSITION:
The City Clerk referenced letter from Douglas Mitchell (Glenwood Resident)
advising the Glenwood Homeowners should have the right to take over the course
from R. G. Moore, plus the green space/open space should be protected by
Council for the Glenwood Subdivision. The City Clerk also referenced petition
from the Glenwood residents (over 300 signatures) in OPPOSTTTON to the
applicant's request (Said petitions and letters are hereby made a part of the
record.)
William Stanford, 5190 Cypress Point, Phone: 499-9448 (Cypress Point)
Britt Lipscomb, 945 Summerside Court, Phone; 471-0608 (Glenwood)
Bill Garner, 1909 Vunnell Court, Phone: 471-3811 (Glenwood)
Richard Fisher, 2021 Drumheller Court, Phone: 588-0423 (Glenwood)
Claudette Thomure, 1220 Eagle Road, Phone: 471-4774 (Glenwood)
Frank Graves, 5369 Clubhead Road, Phone: 497-6556 (Cypress Point)
Ed Pauley, 1993 Southaven Drive, Phone: 474-2498 (Glenwood)
Joseph 1. Williams, 5103 Cypress Point Circle, Phone: 671-7290, (Cypress
Point)
George Sauer, 1209 Smith Cove Circle, Phone: 497-4390 (Cypress Point)
Daniel Baxter, 2001 Drumheller Court, Phone: 495-7224, (Glenwood)
Hugh Albritton, 5321 Lake Lawson, Drive, Phone: 671-2293 (Cypress Point)
Reed Mays, 5329 Clubhouse Road, Phone: 497-7136 (Cypress Point)
Lee Powell, 1040 Backwoods Road, Phone: 671-7774 (Cypress Point)
Rae H. LeSesne, 5325 Thornbury Lane, Phone: 487-8008, resident of Kempsville
Steve Verbanic, 5220 Chipping Lane, Phone: 499-7484 (Cypress Point)
The following registered in OPPOSITION, but WAIVED the right to speak:
C.O. Philpott, 1248 Foursome Lane, Phone: 499-3455 (Cypress Point)
M. C. Milby, 1239 Foursome Lane, Phone: 497-9256 (Cypress Point)
E.M. Breakfield, 1223 Foursome Lane, Phone: 497-2803 (Cypress Point)
- 19 -
Item V-G. 1.
PUBLIC HEARING
PLANNING - RECONSIDERATION TTEM # 31535 (Continued)
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
APPROVED WAIVING certain Restrictive Covenants in the Applications of R. G.
MOORE BUILDING CORPORATION on the Changes of Zoning approved February 4,
1985, for CYPRESS POINT Subdivision in the Bayside Borough; and, approved
February 25, 1985, for GLENWOOD Subdivision in the Kempsville Borough. City
Council ADOPTED Resolution authorizing the City Manager to execute the
Agreements submitted by Kempsville Lake Number One Partnership and R. G. Moore
Building Corporation, each dated June 5, 1989, and to execute the Hold Harmless
Agreement submitted by R. C. Moore Building Corporation dated June 5, 1989. A
certified copy of this resolutiori shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, indexed as if a deed
to land.
CYPRESS POINT - February 4, 1985
ORDINANCE UPON APPLICATION OF R. G. MOORE AND
ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING
DISRICT CLASSIFICATION FROM R-8 TO P-1 Z0285950
Ordinance upon application of R. G. Moore and
Robert H. Deford, Jr., for a Change of Zoning
District Classification from R-8 Residential
District to P-1 Preservation District on certain
property located 460 feet north of the northern
terminus of Broad Meadows Boulevard as shown on
plats on file in the Department of Planning. Said
parcel contains 81.78 acres. BAYSIDE BOROUGH.
ORDINANCE UPON APPLICATION OF R. G. MOORE AND
ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-1 TO P-1 Z0285951
Ordinance upon application of R. G. Moore and
Robert H. Deford, Jr., for a Change of Zoning of
Zoning District Classification from R-1 Residential
District to P-1 Preservation District on certain
property located north of the northern terminus of
Broad Meadows Boulevard as shown on plats on file
in the Department of Planning. Said parcels
contain 57.02 acres more or less. BAYSIDE BOROUGH.
ORDINANCE UPON APPLICATION OF R. G. MOORE AND
ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-1 TO PD-H2 Z0285952
Ordinance upon application of R. G. Moore and
Robert H. Deford, Jr., for a Change of Zoning
District Classification from R-1 Residential
District to PD-H2 Planned Unit Development District
on certain property located at the northern
terminus on Broad Meadows Boulevard running along
the northern boundary for proposed Haygood Road as
shown on plats on file in the Department of
Planning. Said parcel contains 329.1 acres.
BAYSIDE BOROUGH
- 20 -
Item V-G.l.a.
PUBLIC HEARING
PLANNING - RECONSIDERATION ITEM # 31535 (Continued)
ORDTNANCE UPON APPLTCATION OF R. G. MOORE FOR A
CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-5
TO R-8 Z0285953
Ordinance upon application of R. G. Moore, for a
Change of Zoning District Classification from R-5
Residential District to R-8 Residential District on
certain property located 1741 feet north of the
northern terminus of Broad Meadows Boulevard as
shown on plats on file in the Department of
Planning. Said parcel contains 90.6 acres. BAYSIDE
BOROUGH.
GLENWOOD February 25, 1985
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRTCT
CLASSTFICATION FROM R-5 TO B-2 Z0285959
Ordinance upon application of R. C. Moore Building
Corporation for a Change of Zoning District
Classification from R-5 Residential District to B-2
Community Business District on certain property
located on the west side of Salem Road 4980 feet
more or less north of Elbow Road. Said parcel
contains 14 acres (AS AMENDED). Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
ORDINANCE UPON APPLICATION R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATTON FROM R-5 TO PD-H2 Z0285960
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District
Classification from R-5 Residential District to
PD-H2 Planned Unit Development District on certain
property located on the west side of Salem Road,
beginning at a point 2060 feet more or less north
of Elbow Road and extending in a westerly direction
to the eastern boundary of Indian River Road. Said
parcels contain 780 acres (AS AMENDED). Plats with
more detailed information are available in the
Department of Planning. KEMPSVTLLE BOROUGH.
GLENWOOD December 9, 1985
ORDINANCES UPON APPLTCATTON OF R. G. MOORE BUTLDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM PD-H2 TO B-1 (AS MODIFIED)
Z012851041
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District
Classification from PD-H2 Planned Unit Development
District to B-1 (As Modified) Community-Business
District on certain property located at the
southwest corner of Independence Boulevard and
Round Hill Drive. Said parcel contains 6.8 acres.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH.
- 21 -
Item V-G. 1.
PUBLIC HEARING
PLANNING - RECONSIDERATION TTEM # 31535 (Continued)
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM PD-H2 to P-1 Z012851042
Ordinance upon application of R. G. Moore for a
Change of Zoning District Classification from PD-H2
Planned Unit Development District to P-1
Preservation District on certain property located
on the north and south sides of Independence
Boulevard (Proposed), west of Salem Road as shown
on the Land Use Plan of Glenwood on file in the
Department of Planning. Parcels contains 165 acres
more or less. KEMPSVILLE BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McCianan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
RESOLTJTION
WHEREAS, Kempsville Lake Number one Partnership and
R.G. Moore Building Corp. have petitioned the Virginia Beach
city council to amend the Declarations of Restrictions for
the Glenwood and Cypress Point Subdivisions; and
WHEREAS, the proposed amendments have been reviewed
and approved by Staff; and
WHEREAS, the proposed changes will not change the
land use plan adopted by City Council for either of these
respective subdivisions, and R.G. Moore Building Corp. has
agreed that the quality of the development adjacent to the
golf course will not be diminished as a result of these
changes; and
WHEREAS, the proposed changes benefit the public
and do not diminish the quality of the development or the
rights of the residents in each of the respective
subdivisions.
NOW, THEREFORE, be it resolved by the city Council
of the City of Virginia Beach, Virginia that:
1. The City Manager is hereby authorized,to
execute the Agreements submitted by Kempsville Lake Number
one Partnership and R.G. Moore Building Corp., each dated
June 5, 1989.
2. The City Manager is hereby authorized to
execute the liald Harmless Agreement submitted by R.G. Moore
Building Corporation dated June 5, 19B9.
3. A certified copy of this resolution shall be
recorded in the Clerk's Office of the circuit court of the
City of Virginia Beach, Virginia indexed as if a deed to
land.
10 July
ADOPTED this day of JWMI 1989.
sks/docs/glen.res
AGREEMENT
THIS AGREEMENT, made this 5th day of June, 1989, by
and between KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP, a Virginia
general partnership (hereinafter "Partnership"), R.G. MOORE
BUILDING CORP. (hereinafter "Corporation"), and CITY OF
VIRGINIA BEACH, a municipal corporation of the commonwealth
of Virginia (hereinafter "City").
W I T N E S S E T H
WHEREAS, Partnership and City entered into a
Declaration of Restrictive Covenants dated February 4, 1985,
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Deed Book 2392 at Page
131 (hereinafter the "Declaration"); and
WHEREAS, the Partnership was required by the
Declaration to -maintain and operate an eighteen hole golf
course,.tennis courts, swimming pool, country club/clubhouse,
and associated recreational and open space uses and amenities
within the open space recreational areas as shown on the land
use plan for the Cypress Point Subdivision, and to provide
certain amenities within these uses such as showers, lockers,
pro shops, snack bar, a 100 seat restaurant, and other
similar recreational uses specified in the Declaration; and
WHEREAS, the Partnership has complied with the
Declaration and made the aforesaid improvements and
maintained them as agreed; and
WHEREAS, the parties to the Declaration now wish to
amend the provisions contained therein to allow the members
of the general public to use these areas and to allow the
parties to this Declaration to transfer their interest in the
recreational and open space areas provided certain conditions
are met; and
WHEREAS, the parties acknowledge that these
amendments are beneficial to the public at large and the
citizens of Virginia Bea6h and will not erode or alter the
precepts of the prior Declaration.
NOW, THEREFORE, in consideration of the following
mutual covenants and agreements, the adequacy of which are
hereby acknowledged, the parties agree as follows:
1. All of the terms and conditions of the
Declaration, except to the extent 7nodified herein, are hereby
incorporated herein by reference as if fully set out herein.
2. Notwithstanding any provision of this Agreement
or the Declaration, the property subject to the restrictions
contained in the Agreement and Declaration shall apply solely
to the property shown as the golf course, and such other
recreational and open space areas so designated on the land
use plan for the Cypress Point Subdivision. No other
property within the subdivision shall be affected by the
Agreement or the Declaration.
3. The corporation accepts full responability for
the obligations of the Partnership, the Grantor in the
Decl@ration, and Corporation agrees to abide by those
conditions as modified herein as if Corporation were the
original Grantor in the Declaration. The City acknowledges
2
and approves Corporation's assumption of Partnership's
obligations under the Declaration and releases Partnership
from any further obligation, responsibility or benefit
resulting from the Declaration or this Agreement.
4. Corporation (Grantor) and City agree to amend
paragraphs 3 and 4 of the Declaration as shown below:
(3.) The open space and recreational areas shall
only be used for the golf course, swimming pool,
tennis, country club/clubhouse, which shall consist
of showers, lockers, pro shops, snack bar and a 100
seat restaurant, recreation, and open space and
other related recreational uses as may be specified
in the Land Use Plan, all of which uses and
structures shall be made available for use and
enjoyment by all residents of the PD-H2 project and
club members and their invited guests, together
with such members of public as the Grantor may
allow. Use of the facilities shall be subject to
assessments and fees for the use and maintenance
thereof.
(4.) The Grantor shall make the open space and
recreational areas available for use and enjoyment
by all residents of the PD-H2 project and club
members and their invited guests, together with
such members of public as the Grantor may allow.
Uses of the facilities shall be subject to
assessments and fees for the use and maintenance
thereof.
5. Corporation (Grantor) and City agree to amend
the last paragraph on page 3 of the Declaration such that
Corporation (Grantor) and any successors in interest may
convey its interest in the open space and/or recreational
facilities referenced in the Declaration to third parties and
be relieved of all of its obligations under the Declaration
with respect to the property so conveyed without the prior
approval of the City Council provided the following
conditions are satisfied:
A. All of Corporation's (Grantor'S) obligations
to maintain the recreational areas and/or open space areas as
provided by the Declaration and this Agreement shall be fully
and conpletely binding upon Corporation's (Grantor's)
successors in interest.
B. The Corporation's (Grantor's) successors in
interest agree to maintain the recreational area and/or open
space areas conveyed to a standard equal to the conditions of
these areas at the time of transfer.
C. The Corporation (Grantor) shall advise the
City, by certified letter, when it transfers its interest in
any or all of the aforesaid recreational and open space areas
and of the name and principles of the successors in interest.
6. The preceding paragraphs of this Agreement
shall run with the land and be binding upon the parties'
successors in interest.
7. R.G. Moore Building Corp. agrees for itself
that the quality of the development contiguous to the golf
course shall not be diminished as a result of the amendments
authorized by this Agreement. This paragraph shall be,
binding solely upon R.G. Moore Building Corp.
IN WITNESS WHEREOF, the parties hereto have
executed the foregoing document as of the date hereinabove
4
written pursuant to due authority of its general partners.
KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP,
a Virginia general partnership,
By: R.G. MOORE BUILDING CORP., a
Virginia stock corporation,
general partner,
By:
R.G. Moore, President
And By: INDEPENDENT DEVELOPERS, LTD., a
Virginia stock corporation,
general partner,
By:
W. R. Epstein, President
R.G. MOORE BUILDING CORP.,
a Virginia stock corporation,
By:
R.G. Moore, President
CITY OF VIRGINIA BEACH, a
municipal corporation of the
Commonwealth of Virginia,
By:
Aubrey V. Watts, City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in an
for the State of Virginia at Large, do hereby certify that
R.G. Moore, President of R.G. Moore Building Corp., General
Partner of Kempsville Lake Number 1 Partnership, whose name
is signed to the foregoing Agreement dated the day of
June, 1989, has acknowledged the same before me in'the City
and State aforesaid.
Given under my hand this day of June, 1989.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in an
for the State of Virginia at Large, do hereby certify that
W.R. Epstein, President of Independent Developers, Ltd.,
General Partner of Kempsville Lake Number 1 Partnership,
whose name is signed to the foregoing Agreement dated the
day of June, 1989, has acknowledged the same before me
Tn-the City and State aforesaid.
Given under my hand this day of June, 1989.
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in an
for the State of Virginia at.Large, do hereby certify that
R.G. Moore, President of R.G. 'Moore Building Corp., whose
name is signed to the foregoing Agreement dated the _day
of June, 1989, has acknowledged the same before me in the
City and State aforesaid.
Given under my hand this day of June, 1989.
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary Public in an
for the State of Virginia at Large, do hereby certify that
Aubrey V. Watts, City Manager of the City of Virginia Beach,
whose name is signed to the foregoing Agreement dated the
6
day of June, 1989, has acknowledged the same before me
in Ehe City and State aforesaid.
Given under my hand this day of June, 1989.
Notary
my commission Expires:
sks/docs/cyp.pt
7
AGREEMENT
THIS AGREEM ENT, made this day of June, 1989,
by and between KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP, a
Virginia general partnership (hereinafter "Partnership"),
R.G. MOORE BUILDING CORP. (hereinafter "Corporation"), and
CITY OF VIRGINIA BEACH, a municipal corporation of the
Co=onwealth of Virginia (hereinafter "City").
W I T N E S S E T H
WHEREAS, Partnership and City entered into a
Declaration of Restrictive Covenants dated February 25, 1985,
recorded in the Clerk's office of the Circuit Court of the
City of Virginia Beach, Virginia in Deed Book 2395 at Page
1745 (hereinafter the "Declaration"); and
WHEREAS, the Partnership was required by the
Declaration to maintain and operate an eighteen hole golf
course, tennis cour ts, swimming pool, country club/clubhouse,
and associated recreational and open space uses and amenities
within the open space recreational areas as shown on the land
use plan for the Glenwood subdivision, and to provide certain
amenities within these uses such as showers, lockers, pro
shops, snack bar, a 100 seat restaurant, and other similar
recreational uses specified in tbe Declaration; and
WHEREAS, the Partnership has complied with the
Declaration and made the aforesaid improvements and
maintained them as agreed; and
WHEREAS, the parties to the Declaration now wish to
amend the provisions contained therein to allow the members
of the general public to use these areas and to allow the
parties to this Declaration to transfer their interest in the
recreational and open space areas provided certain conditions
are met; and
WHEREAS, the parties acknowledge that these
amendments are beneficial to the public at large and the
citizens of Virginia Beach and will not erode or alter the
precepts of the prior Declaration.
NOW, THEREFORE, in consideration of the following
mutual covenants and agreements, the adequacy of which are
hereby acknowledged, the parties agree as follows:
1. All of the terms and conditions of the
Declaration, except to the extent modified herein, are hereby
incorporated herein by reference as if fully set out herein.
2. Hotwithstanding any provision of this Agreement
or the Declaration, the property subject to the restrictions
contained in the Agreement and Declaration shall apply solely
to the property shown as the golf course, and such other
recreational and open space areas so designated on the land
use plan for the Glenwood subdivision. No other property
within the Subdivision shall be affected by this Agreement or
the Declaration.
3. The Corporation accepts full responstbility for
the oblig4tions of the Partnership, the Grantor in the
Declaration, and Corporation agrees to abide by those
conditions as modified herein as if Corporation were the
original Grantor in the Declaration. The City acknowledges
2
and approves Corporation's assumption of Partnership's
obligations under the Declaration and releases Partnership
from any further obligation, responsibility or benefit
resulting from the Declaration or this Agreement.
4. Corporation (Grantor) and City agree to amend
paragraphs 3 and 4 of the Declaration as shown belOW:
(3.) The open space and recreational areas shall
only be used for the golf course, swimming pool,
tennis, country club/clubhouse, which shall consist
of showers, lockers, pro shops, snack bar and a 100
seat restaurant, recreation, and open space and
other related recreational uses as may be specified
in the Land Use Plan, all of which uses and
structures shall be made available for use and
enjoyment by all residents of the PD-H2 project and
club members and their invited guests, together
with such members of public as the Grantor may
allow. Use of the facilities shall be subject to
assessments and fees for the use and maintenance
thereof.
(4.) The Grantor shall make the open space and
recreational areas available for use and enjoyment
by all residents of the PD-H2 project and club
members and their invited guests, together with
such members of public as the Grantor may allow.
Use of the facilities shall be subject to
assessments and fees for the use and maintenance
thereof.
5. Corporation (Crantor) and City agree to amend
the last paragraph on page 3 of the DeClaration such that
Corporation (Grantor) and any successors in interest may
convey its interest in the open space and/or recreational
facilities referenced in the Declaration to third parties and
be relieved of all of its obligations under the Declaration
with respect to the property so conveyed without the prior
approval of the City Council provi ded the following
conditions are satisfied:
3
A. All of Corporation's (Grantc)rls) obligations
to maintain the recreational areas and/or open space areas as
provided by the Declaration and this Agreement shall be fully
and completely binding upon Corporation's (Grantor's)
successors in interest.
B. The corporation's (Grantor's) Successors in
'interest agree to mainta,n the recreational area and/or open
space areas conveyed to a standard equal to the conditions of
these areas at the time of transfer.
C. The corporation (Grantor) shall advise the
City, by certified letter, when it transfers its interest in
any or all of the aforesaid recreational and open space areas
and of the name and principles of the successors in interest.
6. The preceding paragraphs of this Agreement
shall run with the land and be binding upon the parties'
successors in interest.
7. R.G. Moore Building Corp. agrees for itself
that the quality of the development contiguous to the golf
course shall not be diminished as a result of the amendments
authorized by this Agreement. This paragraph shall be
binding solely upon R.G. Moore Building Corp.
IN WITNESS WHEREOF, the parties hereto have
executed the foregoing document as of the date hereinabove
4
written pursuant to due authority of its general partners.
KEMPSVILLE LAKE NUMBER I PARTNERSHIP,
a Virginia general partnership,
BY: R.G. MOORE BUILDIXG CORP., a
Virginia stock corporation,
general partner,
By: R.G. Moore, President
And By: INDEPENDENT DEVELOPERS, LTD., a
Virginia stock corporation,
general partner,
By: Epstein, Pre.1dnt
R.G. MOORE BUILDING CORP.,
a Virginia stock corporation,
By: R.G. MoOre, Pres dent
CITY OF VIRGINIA BEACH, a
municipal corporation of the
Commonwealth of Virginia,
By: Aubry V. Watts, City m .. ger
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
11 I a Notary Public in an
for the State . hereby certify that
R.G. Moore, President of R.'. moore Building Corp., General
Partner of KemPsville Lake Number 1 Partnership, whose name
is signed to the foregoing Agreement dated the I day of
June, 1989, has acknowledged the same before me in the City
and State aforesaid.
Given under my hand this day of June, 1989.
Nota
my commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
1, I a Notary Public in an
for the State of Virginia t Lrge, do hereby certify that W.
R. Epstein, President of Independent Developers, Ltd.,
General Partner of Kempsville Lake Number I Partnership,
whose name is signed to the foregoing Agreement dated the
day of June, 1989, has acknowledged the same before me
in-the city and aforesaid.
Given under my hand this day of June, 1989.
Nota
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, a Notary Public in an
for the State of virgiia at La@ge, do hereby certify that
R.G. moore, President of R.G. Moore Building Corp., whose
name is signed tothe foregoing Agreement dated the _ day
of June, 1969, has acknowledged the same before me in the
city and State aforesaid.
Given under my hand this day of June, 1989.
tary Public
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
lic in an
I, a Notary Pub
for the State o hereby certify that
Aubrey V. Watts, City Mana,er of the City of Virginia Beach,
whose name is signed to th foregoing Agreement dated the
6
day of June, 1989, has acknowledged the same before me
n@the city and State aforesaid.
Given under my hand this d,y of June, 1989.
Nota:
My Commission Expires:
sks/docs/kemps
7
HOLD
This Agreenent, nade this 5th day of Juns, 1989 by and
botween the CITY OF VIRGINIA BEACH, a municipal vorporation
(hereinafter "City"), and R.G. MOORE BUILDING CORP., a Virginia
corporation (hereinafter "Moore").
WHEREAS, Moore and city have entered into two Agreements,
each dated Uune 5, 1989 (hereinafter "Agreements"), conrerning the
aLltereLtion of oonditions contained in two doculnents entitled
"Declaration of Restrictive Covenantall (hereinalfter
"Daclarationall) dated February 4, 1985 and February 25, 1985 for
the Glenwood and Cypreso Point Subdivisions, respectively; and
WHEREAS, the aforesaid Declarations allowed for their
azaandment and modification following approval by the Virginia
Beach City Council; and
WHEREAS, the Virginia Beach City Council, after notice and a
public hearing, has authorized the azendments to the Declarations
as provided in the Agreements datod Juns 5, 1989; and
WHEREAS, Moore has agreed to hold harmless and defend the
city from any actions brought as a reault of the amendment.
NOW, THEREFORE, in consideration of the following mutual
covenants, the adequacy of which is hereby acknowledged, the
parties agree as follows:
1. The terms of the Declarations referenced above be and
the same hereby are amended as provided in the aforesaid
Agreements dated June 5, 1989.
2. Moore will hold harmless and defend the City of Virginia
Beach, its officers and employees from any action brought by
Ul, r I tL 1,10 . @LJ4 -4 @ I I U@ J ul-i I 0 F' 03
raaidents of either the Glenwood or Cypress Point subdivibiona
cliallanging the amendment of their respective DeclAration of
Restrictions referenced horeinabove as a result of City Counoills
July 10,
action on azmsxb@ 1989.
3. The Virginia Beach City council has by resolution adopted
July 10,
on @w)S, 1989 authorized the City Manager to execute this Hold
Harmless Agreement.
CITY OF VIRGINIA BEACH,
By:
Aubrey V. Watts, city manager
R.G. MOORE BUILDING CORP.,
BY:
R.G. Moors, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
subscribed and sworn to before me this _ day of
Juns, 19B9 by Aubrey V. Watts, City Manager.
Not@ @lic
Xy Commission Expires;
sTATE or VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribad and sworn to before me this day of
Zune, 1989 by R.G. Moors, President of R.G. Moore@u ding Corp.
Notary Public
my Co=ission Expires:
ska/doca/hh.agr
2
- 22 -
Item V-G.l.b.
PUBLIC HEARING
PLANNING - RECONSIDERATION ITEM # 31536
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
The City Clerk referenced letter from Paul Viarengo, Member of the Bow Creek
Civic League, dated June 23, 1989, advising the OPPOSITION of the Civic
League.
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
APPROVED AMENDING CONDITIONS No. 1, 4 and 5, upon request of JOHN and JOSEPHINE
PARKER in the April 27, 1987, approved application of Independence Tire, Inc.
for a Conditional Use Permit for installation of tires at the Northwest corner
of South Plaza Trail and Rosemont Road (LYNNHAVEN BOROUGH).
ORDINANCE UPON APPLICATION OF INDEPENDENCE TIRE,
INC., FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE
REPAIR (INSTALLATION OF TIRES) R04871033
Ordinance upon application of Independence Tire,
Inc. for a Conditional Use Permit for automobile
repair (installation of tires) at the northwest
corner of South Plaza Trail and Rosemont Road. Said
parcel is located at 3600 South Plaza Trail and
contains 1.02 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The applicable conditions, As Amended:
1. The usage shall be limited to the sale and
installation of tires, mufflers, front end
alignments, spin balancing, brake work, general
minor auto repairs and state inspections.
2. The tires shall be picked up at least twice weekly
and stored neatly in the interim.
3. The landscaping shall remain at the same level
existing at the present time.
4. There will be no other cornmercial activity other
than what has been stated in said application.
5. The hours of operation shall be from 8:00 a.m. to
6:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m.
2.88 :iii. on Saturdays.
6. There shall be no outside car storage overnight on
the property.
7. A plat vacating all interior lot lines must be
recorded.
- 23 -
Item V-G.I.b.
PUBLIC HEARING
PLANNING - RECONSIDERATION TTEM # 31536 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Itein V-G.2.a
PUBLIC HEARING
PLANNING ITEM # 31537
Mary G. Eiban, 4525 Three Pines Lane, Phone: 721-5530, the applicant,
represented her husband and herself.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of WAYNE R. AND MARY G. EIBAN for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WAYNE R. & MARY
GLIDEWELL EIBAN FOR A CONDITTONAL USE PERMIT FOR A
DUPLEX IN THE AG-2 AGRICULTURAL DISTRICT R07891238
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wayne R. & Mary
Clidewell Eiban for a Conditional Use Permit for a
duplex in the AG-2 Agricultural District on Lot 9,
Nawney Creek. Said parcel is located at 4525 Three
Pines Lane and contains 1 acre. PUNGO BOROUGH.
The following conditions shall be required:
1. The separate living area shall be used only by
relatives of the occupants of the main unit and
shall not be available to the general public.
2. The separate living area shall not be expanded
beyond the existing six-hundred eight (608) square
feet.
3. There shall be no alteration made to the exterior
of the structure to accommodate the duplex.
4. Approval is for a period of two (2) years. At each
review and renewal, certification shall be made as
to the resident relationship of the secondary unit
by the occupant of the primary unit. This
Conditional Use Permit shall expire upon sale of
property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of July, Nineteen Hundred and Eighty-nine.
- 25 -
Iten V-G.2.b
PUBLIC HEARING
PLANNING ITEM # 31537 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item V-G.2.b.
PUBLIC HEARING
PLANNING ITEM # 31538
Mark R. Jespersen, 4231 Charity Neck Road, Phone: 426-5233, represented the
applicant
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of MARK R. JESPERSEN for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF MARK R. JESPERSEN FOR
A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
R07891239
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mark R. Jespersen for
a Conditional Use Permit for a residential kennel
on the west side of Charity Neck Road, south of Gum
Bridge Road. Said parcel is located at 4231 Charity
Neck Road and contains 11.35 acres. Plats with more
detailed infomation are available in the Department
of Planning. PUNGO BOROUGH
The following conditions shall be required:
1. Approval is for a period of booe (2) one (1) year.
If there is no opposition registered by adjoining
property owners, renewal shall be by administrative
approval.
2. The maximum number of dogs allowed will be fourteen
(14).
3. This Conditional Use Permit shall be limited to
breeding and training of Akita, Kheeshound, Samoyed
and Chow-Chow dogs.
4. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keepiDg with the recommendations for the proposed
Back Bay/North Landing River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of July, Nineteen Hundred and Eighty-nine.
- 27 -
Item V-G.2.b.
PUBLIC HEARING
PLANNING ITEM # 31538 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heiscliober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 28 -
Item V-G.2.c.
PUBLIC HEARING
PLANNING ITEM # 31539
Attorney William Thomas represented the applicant and distributed petitions in
support of the application
George M. Shaw, 3601 Holly Road, Phone: 425-7845, represented the Princess Anne
Manor Corporation and spoke in OPPOSITTON
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council DENIED an Ordinance upon application of WILLIAM W. CHANDLER AND WILLIAM
DRINKWATER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF WILLIAM W. CHANDLER
AND WILLIAM DRINKWATER FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO A-12
Ordinance upon application of William W. Chandler
and William Drinkwater or a Change of Zoning
District Classification from R-7.5 Residential
District to A-12 Apartment District on Site F,
Linkhorn Park. Said parcel is located at 3609 Holly
Road and contains 10,672 square feet. VTRGINIA
BEACII BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item V-G.2.d.
PUBLIC HEARING
PLANNING ITEM # 31540
Attorney Edward Bourdon, Guy, Cromwell et als, Phone: 499-8971, represented
the applicant
Dr. Gail Mottola, 3933 Shady Oaks Drive, Phone: 460-3933, represented the Ocean
Park Civic League and spoke in opposition
Letters in OPPOSITION from Judith K. Connors and Harry Adelman, President of
the Ocean Park Civic League are hereby made a part of the record
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DENIED an Ordinance upon application of JERRY C. SEAY for the
discontinuance, closure and abandonment of a portion of Windsor Crescent.
Ordinance upon application of Jerry C. Seay for the
discontinuance, closure and abandonment of a
portion of Windsor Crescent beginning at the
northern boundary of Jefferson Boulevard and
running northwesterly along the boundary of Lot 6
Block 57, Ocean Park, Section C. Said parcel
contains 3527 square feet. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item V-G.2.e.
PUBLIC HEARING
PLANNING ITEM # 31541
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Thomas C. Broyles, 704 Crystal Lane, Phone: 491-4002, represented the
applicant
A MOTION was made by Councilwoman McClanan seconded by Councilman Perry to
ADOPT applications of INDIAN RIVER COUNTRY CLUB ESTATES, L.P. (PRINCESS ANNE
BOROUGH): Change of Zonin.2 District Classification from AC-1 Agricultural
District to R-20 Residential District on property located 600 feet North of
Indian River Road and 600 feet West of West Neck Road, containing 211.8
acres;Change of Zoning District Classification from AG-2 Agricultural District
to R-20 Residential District on the following parcels: (a) Parcel 1: located
on the North side of Indian River Road, 5403.35 feet more or less West of West
Neck Road; (b) Parcel 2: located at the Northwest intersection of Indian River
Road and West Neck Road; (c) Parcel 3: located on the West side of West Neck
Road North of Indian River Road; (Three parcels contain a total of 79.1 acres);
AND, Conditional Use Permit for a recreational facility of an outdoor nature
(golf course) located at the Northwest intersection of Indian River Road and
West Neck Road, containing 180.8 acres.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Vice Mayor
Fentress, City Council DEFERRED INDEFINITELY, pending (a) Adoption of the
Comprehensive Plan, (b) litigation of the Green Line, and, (c) TDR resolve in
Growth 14anagement in the applications of INDIAN RIVER COUNTRY CLUB ESTATES,
L.P.
ORDINANCE UPON APPLICATION OF INDIAN RIVER COUNTRY
CLUB ESTATES, L.P., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO R-20
Ordinance upon application of Indian River Country
Club Estates, L.P., for a Change of Zonin- District
Classification from AG-1 Agricultural District to
R-20 Residential District on certain property
located 600 feet north of Indian River Road and 600
feet west of West Neck Road. Said parcel contains
211.8 acres. Plats with more detailed information
are available in the Department of Planning.
PRTNCESS ANNE BOROUGII.
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER COUNTRY
CLUB ESTATES, L.P., FOR A CHANGE OF ZONING DISTRTCT
CLASSTFICATION FROM AC-2 TO R-20
Ordinance upon application of Indian River Country
Club Estates, L.P., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-20 Residential District on the following parcels:
Parcel 1: Located on the north side of Indian
River Road, 5403.35 feet more or less west of West
Neck Road.
Parcel 2: Located at the northwest intersection of
Indian River Road and West Neck Road.
Parcel 3: Located on the west side of West Neck
Road, north of Indian River Road.
Said parcels contain 79.1 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
- 31 -
Item V-G.2.e.
PUBLIC HEARING
PLANNING ITEM # 31541 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF INDIAN RIVER GOLF
CLUB, INC. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY
Ordinance upon application of Indian River Golf
Club, Inc. for a Conditional Use Permit for a
recreational facility of an outdoor nature (golf
course) on certain property located at the
northwest intersection of Indian River Road and
West Neck Road. Said parcel contains 180.8 acres.
Plats with more detailed information area available
in the Department. PRINCESS ANNE BOROUGH.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. ffenley and Reba S. McClanan
Council Members Absent:
None
- 32 -
Item V-H.I.
RESOLUTIONS/ORDINANCE ITEM # 31542
Larry Newcomb and Jack Stewart, represented VDOT and were in attendance to
respond to City Council's inquiries.
The following spoke in SUPPORT of Constitution Drive Extended Flyover:
John A. Vaughan, President of Monarch Development,Inc. 324 Southport Circle,
Phone: 490-3046
Robert Schaefer, President of the Pembroke Mall Mechants Association, Phone:
497-8733, represented the Central Business District Association
George Freeman, 4305 Country Club Circle, Phone: 464-3346
Nick Economos, 4453 Bonney Road, Phone: 497-7400, Owner - Omni Hotel, spoke in
support of Alternate 4
Brooks Pollock, 161 Pinewood Road, Phone: (W) 497-0490, Owner - GMAC Office
Building and Superstore Shopping Center, spoke in support of Alternative 4.
Gerald Divaris, One Columbus Center, Phone: 497-2113, President of the Central
Business District Association, spoke in support of Alternate 4.
Steve Dudley, 400 Clyne Lane, Phone: 486-4258
George DeLano, 521 Buffer, Drive, Phone: 497-6126, spoke against Alternate 4 in
support of Alternate 1A, President of the Larkspur Civic League. Copy of
statement is hereby made a part of the record.
Lee Banks, 1901 Jack Frost Road, Phone: 464-4023, Member of Lake Shore Civic
League and referenced the following letters:
Richard C. Jachens, President of the Pembroke Manor Civic League, Inc.-
in support of the alignment which would have the minimum disrupting iiqpact on
the Mount Trashmore recreation park.
James F. Willenbrink, President, Civic League of Pembroke Meadows, Inc.,
expressed preferance for Alernative 4.
Raymond K. White, President - Lake Shores Civic League, requesting
construction of the flyover on Constitution Drive begin as soon as possible
and be the one that least effects the Mount Trashmore recreational park.
William H. Holloran, Executive Director - Hampton Roads Chamber of Commerce,
4512 Virginia Beach Boulevard, spoke in support of the Constitution Drive
Extended Flyover and took no position on any of the proposed alignments (Copy
of statement is hereby made a part of the record.)
Sandra Hormuth, 4132 Mill Stream Road, Phone: 340-6974, registered her
OPPOSITION to Alternate 4 from Audience.
Fred Poteet, 341 Edwin Drive, Phone: 497-3553, represented the Satellite
Systems Corporation and spoke in opposition to Alternate 4 and in support of
Alternate IA
Kathryn Byler Clark, 4730 Princess Anne Road, represented the Meadows
Partnership, spoke in support of Alternate 4.
The City Clerk referenced the following letters:
Curtis R. Catron, Catron Companies, in support of Aligrunent 1A
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED, AS AMENDED*:
Resolution approving the location and major design
features of proposed project Alignment IA on
Constitution Drive.
*The last paragraph shall be eliminated:
"BE IT FURTHER RESOLVED that the City of Virginia
Beach requests the Virginia Department of
Transportation to acquire all rights-of-way
necessary for this project conveying all rights-
of-way to the City at the appropriate time."
- 33 -
Item V-H.I.
RESOLUTIONS/ORDINANCE ITEM # 31542 (Continued)
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Mayor Meyera E. Oberndorf, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Reba S. McClanan, John D. Moss and
Nancy K. Parker
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED as he owns property in the area which might be
affected depending upon which alignment is selected.
R E S 0 L U T I 0 N
WHEREAS: A location Public Hearing was conducted on January 25, 1989,
in the City of Virginia Beach by representatives of the Commonwealth of
Virginia Department of Transportati-on after due and proper notice for the
purpose of considering the proposed location of Constitution Drive, Project
UOOO-134-120, PE 101, in the City of Virginia Beach, at which hearing aerial
photographs, drawings and other pertinent information were made available for
public inspection in accordance with state and federal requirements;
WHEREAS, All persons and parties in attendance were afforded full
opporturiity to participate in said Public Ilearing;
WHEREAS, Representatives of the City of Virginia Beach were present and
participated in said Hearing;
WHEREAS, The Council had previously requested the Virginia Department of
Transportation to program this project; and,
WHEREAS, The Council considered all such matters;
NOW THEREFORE, BE IT RESOLVED: That the Council of the City of Virginia
Beach hereby approves the location and major design features of the proposed
project alignment designated as Alignment IA.
ADOPTED by the Council of the City of Virgi.nia Beach on the Tenth day of
July, Nineteen Hundred Eighty-Nine.
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- 34 -
Item V-H.2.
RESOLUTIONS/ORDINANCE ITFIII # 31543
Upon motion by Councilman Sessoms, seconded by Councilman Moss, City Council
ADOPTED:
Resolution requesting the City Manager review the
concept of an arts-oriented New Year's Eve
celebration and make recommendations to City
Council in August re FIRST NIGHT VIRGINIA BEACH.
Voting: 7-0
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry* and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress and Harold Heischober
Council Members Absent:
Albert W. Balko and John A. Baum
"Verbal Aye
Vice Mayor Fentress and Council Member Heischober ABSTAINED as they are Members
of the Board of the Virginia Beach Chamber of Commerce
A RESOL,U'FION REGAR[)ING
FIRST NIGHT VIRGINIA BEACH
WHEREAS, the Council believes the City has a responsibility to enhance
the quality of life for its citizens by encouraging and promoting cultural
events within the City through grants to local arts organizations; and
WHEREAS, the presence of art activities and cultural amenities are
recognized as a drawing card for attracting businesses and professionals, and
provides a sense of community pride and value; and
WHEREAS, First Night celebrations of the arts are successfully
conducted In over 23 cities in North America and provide a family oriented,
alcohol-free alternative to traditional New Year's Eve Celebrations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the City Manager review tlle concept
of an arts-oriented New Year's Eve celebration and iiiake recoinmendations to
the Council in August regarding First Night Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on this
10 day of 1989.
- 35 -
Item V-H.3.
RESOLUTIONS/ORDINANCE ITEM # 31544
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach:
Sections 28-6 and 28-7 re sewer line fee
exemptions for certain elderly, handicapped and
financially disadvantaged persons;
Sections 35-64 and 35-66 re the exemption,
deferral or freeze of real estate taxation for
elderly and disabled persons;
Sections 37-10 and 37-11 re recovery fee
exemptions for certain elderly, handicapped and
financially disadvantaged persons.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Albert W. Balko
Vice Mayor Fentress requested OPTION 3 be utilized to phase in the limits of
this program according to the State Code.
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 28-6 AND 28-7 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO SEWER LINE
5 FEE EXEMPTIONS FOR CERTAIN ELDERLY,
6 HANDICAPPED AND FINANCIALLY
7 DISADVANTAGED PERSONS
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Sections 28-6 and 28-7 of the Code of the City of
11 Virginia Beach, Virginia, are hereby amended and reordained to
12 read as follows:
13 Section 28-6. Sewer line fee exemptions--For certain elderly and
14 handicapped persons.
15 (a) Exemption or partial exemption from payment of the
16 line fees prescribed by section 28-4 is provided for certain
17 property owners who qualify under this section. The exemption is
18 to be administered by the city manager or his authorized designee,
19 herein referred to as the administrator. The administrator is
20 hereby authorized and empowered to prescribe, adopt and enforce
21 such rules and regulations, including the requirement of answers
22 under oath, as may be reasonably necessary to determine
23 qualifications for exemption. The administrator may require the
24 production of certified tax returns and appraisal reports to
25 establish income and financial worth.
26 (b) Exemptions shall be granted under this section
27 subject to the following provisions:
28 (1) Title to the property for which the line fee exemption is
29 sought must he held or partially held by the applicant at
30 least one hundred twenty (120) days prior to the installation
31 or scheduled date of installation, whichever comes first, of
32 the public sewer system.
33 (2) The owner of the title or partial title must be sixty-five
34 (65) years of age or older at least one hundred twenty (120)
35 days prior to the installation or scheduled installation
36 date, whichever comes first, of the public sewer system. If
37 such person is under sixty-five (65) years of age, he or she
38 shall possess a certification by the social security
39 administration, the veterans administration, or the railroad
40 retirement board, or if such person is not eligible for
41 certification by any of these agencies, a sworn affidavit by
42 two (2) medical doctors licensed to practice medicine in the
43 commonwealth, to the effect that such person is permanently
44 and totally disabled, as defined in subsection (f) of this
45 section. The affidavit of at least one of such doctors shall
46 be based upon a physical examination of such person by such
47 doctor. The affidavit of one of such doctors may be based
48 upon medical information contained in the records of the
49 civil service commission which is relevant to the standards
50 for determining permanent and total disability, as defined in
51 subsection (f) of this section. Such medical affidavits
52 shall be filed with the administrator at such time as the
53 applicant files a sewer line fee exemption affidavit.
54 (3) The dwelling to be connected to the public sewer system must
55 be the sole dwelling of the applicant claiming exemption.
56 (4) The total combined income during the immediately preceding
57 calendar year from all sources of the owners of the dwelling
58 living therein and of the owner's relatives living in the
59 dwelling does not exceed eighteen thousand dollars
60 ($18,000.00); provided that the first five thousand dollars
61 ($5,000.00) of income of each relative, other than spouse or
62 spouses of the owner or owners living in the dwelling shall
63 not be included in such total; and provided further that the
64 first seven thousand five hundred dollars ($7,500.00) or any
65 portion thereof of income received by a permanently and
66 totally disabled owner shall not be included in such total.
67 (5) The net combined financial worth of the owner shall not
68 exceed fifty thousand dollars ($50,000.00), excluding the
69 fair market value of the house to be connected to the public
70 sewer system. Net combined financial worth shall include the
2
7 1 value of all assets, including equitable interests, of the
72 owner and of the spouse of the owner.
73 (c) Persons applying for line fee exemption under this
74 section must file with the administrator a line fee exemption
75 affidavit setting forth, in a manner prescribed by the
76 administrator, the location and value of the property to be
77 connected to the public sewer, the names of the persons related to
78 the owner and occupying the dwelling, their gross combined income
79 and their net combined financial worth. If such applicant is
80 under sixty-five (65) years of age, medical certification or
81 affidavits, as set forth in subsection (b)(2) of this section
82 shall also be filed with the administrator.
83 (d) Where the person claiming exemption conforms to the
84 standards and does not exceed the limitations contained in this
85 section, the line fee exemption shall be as shown in the following
86 schedule:
87 Total income, all sources Exemption
88 $ 00.00 to $10,000.00 100%
89 10,001.00 to 12,000.00 80%
90 12,001.00 to 14,000.00 60%
91 14,001.00 to 16,000.00 40%
92 16,001.00 to 18,000.00 20%
93 (e) If, within twelve (12) months after the line fee
94 exemption is obtained under this section, the applicant's
95 financial position should change, so that its effect would be to
96 remove the person holding the exemption from within the limits and
97 standards of this section, then the person holding the exemption
98 shall refund the amount of the exemption to the city.
99 (f) For purposes of this section, a person is
100 permanently and totally disabled if he is so certified as required
101 in subsection (b)(2) of this section and is found by the
102 administrator to be unable to engage in any substantial gainful
103 activity by reason of any medically determinable physical or
104 mental impairment or deformity which can be expected to result in
105 death or can be expected to last for the duration of such person's
106 life.
3
107 (g) Any person falsely claiming an exemption or
108 violating any provision of this section shall be guilty of a Class
109 1 misdemeanor-
110 Section 28-7. Same--For certain financially disadvantaged
ill persons generally.
112 (a) Exemption er partial eiee from payment of the
113 line fees prescribed by section 28-4 is provided for certain
114 financially disadvantaged property owners who qualify under this
115 section. The exemption is to be administered by the city manager
116 or his authorized designee, herein referred to as the
117 administrator. The administrator is hereby authorized and
118 empowered to Prescribe, adopt and enforce such rules and
119 regulations, including the requirement of answers under oath, as
120 may be reasonably necessary to determine qualifications for
121 exemption. The administrator may require the production of
122 certified tax returns and appraisal reports to establish income
123 and financial ;;n@ worth.
124 (b) Exemptions shall be granted under this section
125 subject to the following provisions:
126 (1) Title to the property for which the line fee exemption is
127 sought must be held or partially held by the applicant at
128 least one hundred twenty (120) days prior to the installation
129 or scheduled date of installation, whichever comes first, of
130 the sewer line.
131 (2) The dwelling to be connected to the sewer line must be the
132 sole dwelling of the applicant claiming exemption.
133 (3) The total combined income of the owner and the owner's
134 relatives living in the household during the year immediately
135 preceding the installation must be determined by the
136 administrator as not exceeding the f-e!4:e;;4:ng most recent
137 federally established poverty thresholds.
138 b;ufnber ef Pe@
139 Q;;np:p and owner-'s Re@at@'-v p 9;.F e r-
140 4a HgU
141 One Persens
142 T;;e PereGns
143
144 Fea,- Per-seas
4
45 Five Persc)ns
146 Six Persons 979
47 Seven Perse)ns 976
148 Eight Persons 868
149 14!me er Mare 508
50 (4) The net combined financial worth of the owner shall not
51 exceed twenty thousand dollars ($20,000.00), excluding fair
152 market value of the house to be connected to the sewer line.
153 Net combined financial worth shall include the value of all
154 assets, including equitable interests, of the owner and of
155 the spouse of the owner.
156 (c) Persons applying for line fee exernption under this
157 section must file with the administrator a line fee exemption
158 affidavit, setting forth, in a manner prescribed by the
159 administrator, the location and value of the property to be
160 connected to the line, the names of the persons related to the
161 owner and occupying the dwelling, their gross combined income and
162 their net combined financial worth.
163 (d) Where the person claiming exemption conforms to the
164 standards, and does not exceed the limitations contained in this
165 section, the line fee exemption shall be one hundred (100)
166 percent.
167 (e) If, within twelve (12) months after an exemption is
168 obtained under this section, the applicant's financial position
169 changes so that its effect would be to remove the person holding
170 the exemption from within the limits and standards of this
171 section, then the person holding the exemption shall refund the
172 amount of the exemption to the city.
173 (f) Any person falsely claiming an exemption or
174 violating any provision of this section shall be guilty of a Class
175 1 misdemeanor.
176 Adopted by the Council of the City of Virginia Beach,
177 Virginia on Intb day of 1989.
178 RMB/lmt
179 06/28/89
180 CA-03382
181 \ordin\proposed\28-006et.pro
5
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 35-64 AND 35-66 OF THE CODE OF
3 THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO THE EXEMPTION, DEFERRAL OR
5 FREEZE OF REAL ESTATE TAXATION FOR
6 ELDERLY AND DISABLED PERSONS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Sections 35-34 and 35-66 of the Code of the City of
0 Virginia Beach, Virginia, are hereby amended and reordained to
1 read as follows:
2 Section 35-64. General prerequisites to grant; effect of
3 residency in hospital, nursing home, etc.
4 (a) Either the exemption, deferral or freeze, but not
5 more than one, as provided for in this division shall be granted
6 to persons subject to the following provisions:
7 (1) The title to the property for which exemption, deferral or
8 freeze is claimed is held, or partially held, on June
9 thirtieth immediately preceding the taxable year, by the
0 person or persons claiming exemption, deferral or freeze and
1 is occupied as the sole dwelling of such person or persons.
2 (2) The head of the household occupying the dwelling and owning
3 title or partial title thereto or either spouse in a dwelling
4 jointly held by a husband and wife is either permanently and
5 totally disabled or is sixty-five (65) years of age or older
6 on June thirtieth of the year immediately preceding the
7 taxable year; provided however, that a dwelling jointly held
8 by a husband and wife may qualify if either spouse is over
9 sixty-five (65) years of age on such date.
0 (3) 'Phe applieant has been a resident of the e@ty fef at leas+
1 twe (2) years i@ediately L5recedinEj the request f-er
2 emefnptien, deferral er freeze.
3 (43) 'Phe tetal: eefnbined inceffie, during the i@ediately preceding
4 ca4:endar year, fzrefn all sedrees exelu-ding the first seven
5 theusand five hundred elel:l:ars ($7,500.00) er any portien
6 thereee ef- eceived by an e@oner as perfnanent
37 disability eoffipensatien, ef the asoner of the d%ielling living
38 thefein and ef the escner's relatives living in the elsoe3:4:ing
39 elees net exeeed eighteen theusatid d-el:lars
40 previdee] that, the fifst f-ive thousand dollars ($5,000.00)
1 of incofne of each re3:ative, other than a spettse ef the
2 estner, of otoners, whe is 1 .ving in the dsoell@ng shal:! not be
3 ifteluded in sueh tetal. The total combined income received
4 from all sources during the preceding calendar year by: (i)
5 owners of the dwelling who use it as their principal
6 residence and (ii) owners' relatives who live in the
7 dwelling, shall not exceed eighteen thousand dollars
8 ($18,000); provided that the first five thousand dollars
9 ($5,000.00) of income of each relative, other than a spouse
0 of the owner, or owners, who is living in the dwelling shall
1 not be included in such total; and provided further that the
2 first seven thousand five hundred dollars ($7,500.00) or any
3 portion thereof of income received by a permanently and
4 totally disabled owner shall not be included in such total.
5 (@4) The net combined financial worth, including equitable
6 interests, as of December thirty-first of the year
7 inlmediately preceding the taxable year, of the owners, and of
8 the spouse of any owner, excluding the value of the dwelling
9 and the land, not exceeding one acre, upon which it is
0 situated, does not exceed fifty thousand dollars
1 ($50,000.00).
2 (,&5) The dwelling is occupied.
3 (b) The fact that persons who are otherwise qualified
4 for tax exemption, deferral or freeze pursuant to this division
5 are residing in hospitals, nursing homes, convalescent homes or
6 other facilities for physical or mental care for extended periods
7 of time shall not be construed to mean that the real estate for
8 which tax exemption, deferral or freeze is sought does not
9 continue to be the sole dwelling of such persons during such
0 extended periods of other residence, so long as such real estate
1 is not used by or leased to others for consideration.
2
2 Section 35-66. Applicant's affidavit and certificate of
3 disability.
4 (a) Annual]-,, latef than June thirtieth, --- a.@-lef reh
5 first, the pefsen ef persons claifffing an exeffiption, deferral "
6 Ereeze uneler t-his Elivision shall file a real estate ta3t
7 exemption,ldef-.ra4:/If-reeze aff-idavit @oith the city ntanager. Each
8 person (or persons) claiming an exemption, deferral or freeze
9 under this division shall file a real estate tax
0 exemption/deferral/freeze affidavit with the city manager. The
1 affidavit shall be filed between January 1 and June 30 preceding
2 the tax year for which relief is sought. Such affidavit shall set
3 forth, in a manner prescribed by the city manager, the location
4 and assessed value of the property and the names of the related
5 persons occupying the dwelling for which exemption, deferral or
6 freeze is claimed, their gross combined income and their net
7 combined financial worth. The affidavit shall also include
8 indication as to whether the person or persons claim either the
9 exemption, deferral or freeze option, the amount of deferral being
0 one hundred (100) percent of the real estate tax liability.
1 Commencing on January 1, 1990, each affidavit filed pursuant to
2 this section shall be deemed valid for a period of three (3)
3 years; provided, however, that each year during the three (3) year
4 period and within the time requirement for filing affidavits, the
5 person or persons claiming exemption, deferral or freeze shall
6 file with the city manager a certification that the information
7 contained on the affidavit has not changed or that, if any change
8 has occurred, that such change does not serve to violate the
9 limitations and conditions provided in this division.
0 (b) If the applicant is under sixty-five (65) years of age,
1 the affidavit required by subsection (a) above shall have attached
2 thereto a certification by the social security administration, the
3 veterans administration or the railroad retirement board, or if
4 such person is not eligible for certification by any of these
5 agencies, a sworn affidavit by two (2) medical doctors licensed to
3
0 6 practice medicine in the commonwealth, to the effect that such
07 person is permanently and totally disabled as defined in section
08 3 5-61. The affidavit of at least one of such doctors shall be
09 based upon a physical examination of the applicant by such doctor.
10 The affidavit of one of such doctors may be based upon medical
11 information contained in the records of the civil service
12 commission which is relevant to the standards for determining
13 permanent and total disability, as defined in section 35-61.
14 (c) The city manager is hereby authorized to accept and
15 process late filings of the affidavits described in subsections
16 (a) and (b) above until July thirty-first of the tax year
17 for which exemption, deferral or freeze is sought. The city
18 manager shall accept and process such late filings in cases of (1)
19 first time applicants, or (2) where he determiiies that the failure
20 to grant the exemption, deferral or freeze would serve to create
21 an extreme hardship for the applicant.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia on loth- day of July 1989.
24 GLF/lrnt
25 6/21/89
26 CA-03379
27 \ordin\proposed\35-064etc.pro
APpROVED AS TO CONTENTS
@EC
r
4
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 37-10 AND 37-11 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO RECOVERY FEE
5 EXEMPTIONS FOR CERTAIN ELDERLY,
6 HANDICAPPED AND FINANCIALLY
7 DISADVANTAGED PERSONS
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Sections 37-10 and 37-11 of the Code of the City of
11 Virginia Beach, Virginia, are hereby amended and reordained to
12 read as follows:
13 Section 37-10. Recovery fee exemptions--For certain elderly
14 and handicapped persons.
is (a) Exemption or partial exemption from payment of the
16 recovery fees prescribed by section 37-7.1 is provided for certain
17 property owners who qualify under this section. The exemption is
18 to be administered by the city manager or his authorized designee,
19 herein referred to as the administrator. The administrator is
20 hereby authorized and ernpowered to prescribe, adopt and enforce
21 such rules and regulations, including the requirement of answers
22 under oath, as may be reasonably necessary to determine
23 qualifications for exemption. The administrator may require the
24 production of certified tax returns and appraisal reports to
25 establish income and financial worth.
26 (b) Exemptions shall be granted under this section
27 subject to the following provisions:
28 (1) Title to the property for which the recovery fee exemption
29 is sought must be held or partially held by the applicant at
30 least one hundred and twenty (120) days prior to the
31 installation or scheduled date of installation, whichever
32 comes first, of the water line.
33 (2) The owner of the title or partial title must be sixty-five
34 (65) years of age or older at least one hundred and twenty
35 (120) days prior to the installation or scheduled
36 installation date, whichever comes first, of the water line.
37 if such person is under sixty-five (65) years of age, he or
38 she shall possess a certification by the social security
39 administration, the veterans administration, or the railroad
40 retirement board, or if such person is not eligible for
41 certification by any of these agencies, a sworn affidavit by
42 two (2) medical doctors licensed to practice medicine in the
43 cornrnonwealth, to the effect that such person is permanently
44 and totally disabled, as defined in subsection (f) of this
45 section. The affidavit of at least one of such doctors shall
46 be based upon a physical examination of such person by such
47 doctor. The affidavit of one of such doctors may be based
48 upon medical information contained in the records of the
49 civil service commission which is relevant to the standards
50 for determining permanent and total disability as defined in
51 subsection (f) of this section. Such medical affidavits
52 shall be filed with the administrator at such time as the
53 applicant files a water line fee exemption affidavit.
54 (3) The dwelling to be connected to the water line must be the
55 sole dwelling of the applicant claiming exemption.
56 (4) The total combined income during the immediately preceding
57 calendar year from all sources of the owners of the dwelling
58 living therein and of the owner's relatives living in the
59 dwelling does not exceed eighteen thousand dollars
60 ($18,000.00); provided that the first five thousand dollars
61 ($5,000.00) of income of each relative, other than spouse or
62 spouses of the owner or owners living in the dwelling shall
63 not be included in such total; and provided further that the
64 first seven thousand five hundred dollars ($7,500.00) or any
65 portion thereof of income received by a permanently and
66 totally disabled owner shall not be included in such total .
67 (5) The net combined financial worth of the owner shall not
68 exceed fifty thousand dollars ($50,000.00), excluding the
69 fair market value of the house to be connected to the water
70 line. Net combined financial worth shall include the value
2
71 of all assets, including equitable interests, of the owner
72 and of the spouse of the owner.
73 (c) Persons applying for recovery fee exemption under
74 this section must file with the administrator a recovery fee
75 exemption affidavit setting forth, in a manner prescribed by the
76 administrator, the location and value of the property to be
77 connected to the water line, the names of the persons related to
78 the owner and occupying the dwelling, their gross combined income
79 and their net combined financial worth. If such applicant is
80 under sixty-five (65) years of age, medical certification or
81 affidavits, as set forth in subsection (b)(2) of this section
82 shall also be filed with the administrator.
83 (d) Where the person claiming exemption conforms to the
84 standards and does not exceed the limitations contained in this
85 section, the recovery fee exemption shall be as shown in the
86 following schedule:
87 Total income, all sources Exemption
88 $ 00.00 to $10,000.00 100%
89 10,001.00 to 12,000.00 80%
90 12,001.00 to 14,000.00 60%
91 14,001.00 to 16,000.00 40%
92 16,001.00 to 18,000.00 20%
93 (e) If, within twelve (12) months after the recovery
94 fee exemption is obtained under this section, the applicant's
95 financial position should change so that its effect would be to
96 remove the person holding the exemption from within the limits
97 and standards of this section, then the person holding the
98 exemption shall refund the amount of the exemption to the city.
99 (f) For purposes of this section, a person is
100 permanently and totally disabled if he is so certified as required
101 in subsection (b)(2) of this section and is found by the
102 administrator to be unable to engage in any substantial gainful
103 activity by reason of any medically determinable physical or
104 mental impairment or deformity which can be expected to result in
105 death or can be expected to last for the duration of such
106 person's life.
3
107 (g) Any person falsely claiming an exemption or
108 violating any provision of this section shall be guilty of a
109 Class 1 misdemeanor.
110 Section 37-11. Same--For certain financially disadvantaged
ill persons generally.
112 (a) Exemption er partial e;Eefnptien from payment of the
113 recovery fees prescribed by section 37-7.1 is provided for certain
114 financially disadvantaged property owners who qualify under this
115 section. The exemption is to be administered by the city manager
116 or his authorized designee, herein referred to as the
117 administrator. The administrator is hereby authorized and
118 empowered to prescribe, adopt and enforce such rules and
119 regulations, including the requirements of answers under oath, as
120 may be reasonably necessary to determine qualifications for
121 exemption. The administrator may require the production of
122 certified tax returns and appraisal reports to establish income
123 and financial worth.
124 (b) Exemptions shall be granted under this section
125 subject to the following provisions:
126 (1) Title to the property for which the recovery fee exemption is
127 sought must be held or partially held by the applicant at
128 least one hundred twenty (120) days prior to the
129 installation, or scheduled date of installation, whichever
130 comes first, of the water line.
131 (2) The dwelling to be connected to the water line must be the
132 sole dwelling of the applicant claiming the exemption.
133 (3) The total combined income of the owner and the owner's
134 relatives living in the household during the year immediately
135 preceding the installation must be determined by the
13 6 adrninistrator as not exceeding the fGlleWd:ng most recent
137 federally established poverty thresholds.
138 Mi-;m.hpr- ef PeEsens:
139 A;..;npr- g.nd PA.@.;ppr- I gi ;.-es PeveEty
140 Living in HGuseheld h:ppgl;nld-
141 Gne Persens 5,7gl
142 Two Per-sens :7,;:7g
143 Three Persens 8,:738
144 Feur Persens 11,209
4
145 Five Persens 3:3,964
146 Six Persons 3:4,979
147 Seven Persc)ns 3:6 , 9!? 6
148 Eight Persons 3:8,868
149 ?4ine or More Persons 22,508
150 (4) The net combined financial worth of the owner shall not
151 exceed twenty thousand dollars ($20,000.00), excluding the
152 fair market value of the house to be connected to the water
153 line. Net combined financial worth shall include the value
154 of all assets, including equitable interests, of the owner
155 and of the spouse of the owner.
156 (c) Persons applying for a recovery fee exemption under
157 this section must file, with the administrator, a recovery fee
158 exemption affidavit setting forth, in a manner prescribed by the
159 administrator, the location and value of the property to be
160 connected to the line, the names of the persons related to the
161 owner and occupying the dwelling and their gross combined income
162 and their net combined financial worth.
163 (d) Where the person claiming an exemption conforms to
164 the standards and does not exceed the limitations contained in
165 this section, the recovery fee exemption shall be one hundred
166 (100) percent.
167 (e) If, within twelve (12) months after a recovery fee
168 exemption is obtained under this section, the applicant's
169 financial position should change so that its effect would be to
170 remove the person holding the exemption from within the limits and
171 standards of this section, then the person holding the exemption
172 shall refund the amount of the exemption of the city.
173 (f) Any person falsely claiming an exemption or
174 violating any provision of this section shall be guilty of a Class
175 1 misdemeanor.
176 Adopted by the Council of the City of Virginia Beach,
177 Virginia on lnrh day of Ti, I 1989.
178 RMB/lmt
179 06/28/89
180 CA-033823
181 \ordin\proposed\37-010et.pro
5
- 36 -
Item V-I.
CONSENT AGENDA ITEM # 31545
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the CONSENT
AGENDA.
Item V.1-10 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A RESOLUTION TO CHARGE-OFF
DELINQUENT ACCOUNTS
WHEREAS, it is standard accounting procedure to allow for
a charge-off of uncollectible accounts, and
WHEREAS, an earnest and diligent effort has been made by
city departments to collect their overdue accounts, and
WHEREAS, the following accounts which total $265,671.95
are deemed to be uncollectible:
Public Utilities:
FY 83-84 Water Usage/Sewer Maintenance Bills $235,015.35
Water Inspection Invoices 16,658.58
Public Works:
Refuse Disposal 6,283.33
Highways 1,302.88
Police:
False Alarms 4,325.00
Animal Control 320.00
General Services:
Printing and Distribution 246.59
Building Maintenance/Telecommunications 317.50
Mental Health/Adult Services 1,074.62
Planning 75.00
General Registrar 48.50
City Clerk 4.60
Total Amount to be Charged-Off 71.95
NOTE: The individual invoices are available for City Council
Review.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $265,671.95 of accounts receivable as
represented above be charged-off as uncollectible accounts as of
June 30, 1989.
Adopted by the City Council of the City of Virginia Beach,
AP,IRCW-ti)cAiil(D GED@NTS 10 day of July 1989.
SIGNATUP,E
DEPARTMENT
A.',)PROVED AS TO LEGAL
@I.JFFICIENCY AND FCRM
- 38 -
Item V-I.2
CONSENT AGENDA ITEM # 31547
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach:
ADD Section 6-32 re casting garbage, etc., into
waters;
Section 6-122, and ADD Sections 6-122.1, 6-
122.2, 6-122.3 and 6-122.4 re operating
motorboat, vessel, water skis, etc., while
under influence of intoxicating beverages or
drugs;
Section 6-124 re life preservers, fire
extinguishers required on water vessels;
ADD Sections 6-125 and 6-126 re skin and scuba
divers; diver's flag required and
identification numbers required on motorboats;
ADD Section 7-62 re safety equipment required,
moped operators and passengers;
Section 23-7 re resisting, obstructing, etc.,
City Officers.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE TO AMEND AND REORDAIN
E CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY AMENDING
4 SECTION 6 - 1 2 2AND ADDING NEW
5 SECTIONS 6-122.1, 6-122.2, 6-122.3
6 and 6-122.4 PERTAINING TO OPERATING
7 MOTORBOAT, VESSEL, WATER SKIS,
8 ETC., WHILE UNDER INFLUENCE OF
9 INTOXICATING BEVERAGES OR DRUGS
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That the Code of the City of Virginia Beach is hereby
14 amended and reordained by amending section 6-122 and adding new
15 sections 6-122.1, 6-122.2, 6-122.3 and 6-122.4 to read as follows:
16
17
18 Section 6-122. Operating motor boat, vessel, water skis, etc.,
19 while under influence of intoxicating beverages or
20 drugs.
21
22 it shall be unia@eful and a elass 1 fnisdeffteaner Eer any
23 persen to eperate any fneter beat or other vessel, or fnanipulat-e
24 any @eater sitis, suffbeard or othef sifflilar device an any eE thL-
25 waters in the eity sohile undef the infzl:uence of- intemicatinej
26 beverages er undef the influence of any self adfninist-.-'
27 A. No person shall operate any watercraft or motorboat
28 which is underway (i) while such person has a blood alcohol
29 concentration of 0.10 percent or more by weight by volume as
30 indicated by a chemical test administered in accordance with
31 SS6-122.1, (ii) while such 2erson is under the influence of
32 alcohol, (iii) while such person is under the influence of any
33 narcotic drug or any other self-administered intoxicant or drug of
34 whatsoever nature, or any combination of such intoxicants or drugs
35 or (iv) while such person is under the combined influence of
36 alcohol and any drug or drugs, to a degree which impairs his
37 ability to operate the watercraft or motorboat safely.
38 B. No person shall operate any watercraft or motorboat
39 which is underway during any period for which such person has been
40 ordered not to operate a watercraft or motorboat pursuant to SS
41 29.1-738 or S 29.1-738.4 of the Code of Virginia, or 5 6-122 or SS
42 6-122.4 of this code, or similar ordinances of any county, city or
43 town.
44 C. -For purposes of this article, the word "operatell
45 shall include being in actual physical control of a watercraft or
46 motorboat and "underway" shall mean that a vessel is not at
47 anchor, or made fast to the shore, or aground.
48 Any person who violates any provision of this section
49 shall be guilty of a Class 1 misdemeanor.
50
51 Section 6-122.1. Analysis of breath to determine alcohol content
52 of blood.
53
54 Any person who is suspected of a violation of subsection
55 A of SS 6-122 shall be entitled, if such equipment is available, to
56 have a preliminary breath analysis for the purpose of obtaining
57 an analysis of the probable alcohol content of his blood. The
58 procedures and requirements of SS 18.2-267 of the Code of Virginia,
59 shall apply, mutatis mutandis.
60
61 Section 6-122.2. Consent to blood or breath test.
62 A. Any person who operates a watercraft or motorboat
63 which is underway upon waters of the Commonwealth shall be deemed
64 thereby, as a condition of such operation, to have consented to
65 have samples of his blood or breath or both blood and breath taken
66 for a chemical test to determine the alcoholic or drug or both
67 alcoholic and drug content of his blood, if such person is
68 arrested for operating a watercraft or motorboat which is underway
69 in violation of subsection A of S 6-122, within two hours of the
70 alleged offense. Any person so arrested shall elect to have
71 either the blood or breath sample taken, but not both. If either
72 the blood test or the breath test is not available then the
73 available test shall be taken. However, it shall not be a matter
74 of defense if the blood test or the breath test is not available.
75 In addition, if the accused elects a breath test, he shall be
76 entitled, upon request, to observe the process of analysis and to
77 see the blood-alcohol reading on the equipment used to perform the
2
78 breath test. If such equipment automatically produces a written
79 printout of the breath test result, this written printout, or a
80 copy thereof, shall be given to the accused in each case.
81 B. If a person, after being arrested for a violation
82 of subsection A of SS 6-122 and after having been advised by the
83 arresting officer that a person who operates a watercraft or
84 motorboat which is underway upon the waters of the Commonwealth
85 shall be deemed thereby, as a condition of such operation, to have
86 consented to have a sample of his blood or breath taken for a
87 chemical test to determine the alcohol or drug content of his
88 blood, and that the unreasonable refusal to do so constitutes
89 grounds for a court to order him not to operate a watercraft or
90 motorboat which is underway upon the waters of the Commonwealth,
91 then refuses to permit the taking of a sample of his blood or
92 breath for such tests, the arresting officer shall take the person
93 arrested before a committing magistrate. If he again so refuses
94 after having been further advised by such magistrate of the law
95 requiring a blood or breath test to be taken and the penalty for
96 refusal, and so declares again his refusal in writing upon a form
97 provided by the Division of Consolidated Laboratory Services
98 (hereinafter referred to as the Division), or refuses or fails to
99 so declare in writing and such fact is certified as prescribed in
100 subsection P of SS 18.2-268 of the Code of Virginia, then no blood
101 or breath sample shall be taken even though he may thereafter
102 request same.
103 C. When any person is arrested for operating a
104 watercraft or motorboat which is underway in violation of
105 subsection A of SS 6-122, the procedures and requirements of
106 subsections D and F through S of SS 18.2-268 of the Code of
107 Virginia shall apply, mutatis mutandis, to this section.
108 D. If the court or jury finds the defendant guilty of
109 unreasonably refusing to permit a blood or breath sample to be
110 taken, the court shall order such person not to operate a
ill watercraft or motorboat which is underway for a period of twelve
112 months for a first offense and for twenty-four months for a second
3
113 or subsequent offense of refusal within five years of the first or
114 other such refusal. However, if the defendant pleads guilty to a
115 violation of subsection A of SS 6-122, the court may dismiss the
116 refusal warrant.
117
118 Section 6-122.3. Presumptions from alcoholic content.
119 In any prosecution for operation of a watercraft or
120 motorboat which is underway in violation of subdivisions (ii) or
121 (iv) of subsection A of 5 6-122, the amount of alcohol in the
122 blood of the accused at the time of the alleged offense as
123 indicated by a chemical analysis of a sample of the accused's
124 blood or breath to determine the alcoholic content of his blood in
125 accordance with the provisions of SS 6-122.2 shall give rise to the
126 following rebuttable presumptions:
127 1. If there was at that time 0.05 percent or less by
128 weight by volume of alcohol in the accused's blood, it
129 shall be presumed that the accused was not under the
130 influence of alcoholic intoxicants;
131 2. If there was at that time in excess of 0.05 percent
132 but less than 0.10 percent by- weight by volume of
133 alcohol in the accused's blood, such facts shall not
134 give rise to any presumption that the accused was or
135 was not under the influence of alcoholic intoxicants,
136 but such facts may be considered with other competent
137 evidence in determining the guilt or innocence of the
138 accused;
139 3. If there was at that time 0.10 percent or more by
140 weight by volume of alcohol in the accused's blood, it
141 shall be presumed that the accused was under the
142 influence of alcoholic intoxicants.
143
144 Section 6-122.4 Additional penalty for reckless or intoxicated
145 operation of a watercraft or motorboat.
146
147 In addition to any other penalties authorized by law,
148 upon conviction of any person for violation of any provision of
4
1 49 6-1 2 2, the court shall order such person not to operate a
150 watercraft or motorboat which is underway u]Don the waters of the
151 Commonwealth for a period of twelve months from the date of a
152 first conviction or for a period of three years from the date of
153 a second or subsequent conviction within ten years of a first
154 conviction. The period specified in any such order prohibiting
155 operation of a watercraft or motorboat which is underway imposed
156 pursuant to this section shall run consecutively with any such
157 order imposed for refusal to permit a blood or breath sample to be
158 taken.
159 The period specified in any such order prohibiting
160 operation of a watercraft or motorboat which is underway imposed
161 pursuant to this section may be suspended by the court only as
162 authorized in SS 29.1-738.5 of the Code of Virginia.
163
164 Adopted by the Council of the City of Virginia Beach,
165 Virginia, on the 10th day of Jul.y 1989.
166
167 WEB/epm
168 05/22/89
169 05/25/89
170 CA-03332
171 \ordin\proposed\06-122etc.pro
5
APPROVED AS TO CO@4TE,@TS
SIGNATUR'@
DIPARTMENT
'APPROVED AS TO LIGAL
D FOR.iA
NANCE TO AMEND THE CODE OF THE CITY OF
ORNE'@ VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW
3 SECTION 6-124, PERTAINING TO LIFE PRESERVERS,
4 FIRE EXTINGUISHERS REQUIRED ON WATER VESSELS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Code of the City of Virginia Beach is hereby amended by
8 adding a new section 6-124, which shall read as follows:
9 Section 6-124. Life preservers, fire extinguishers, etc. required.
10 It shall be unlawful and a Class 4 misdemeanor for any person
11 to operate any water craft or vessel which does not carry, in
12 conformance with the Regulations of the Virginia Board of Game and
13 Inland Fisheries applicable to vessels of t
14 (a) At least one life preserver for each person on
15 board;
16 (b) On power vessels, operable fire e ingu shing
17 equipment;
18 (c) On vessels sixteen (16) feet and over and
19 vessels carrying passengers for hire, visual
20 distress signals; and
21 (d) On vessels thirty-nine (39) feet and over,
22 audible signalling devices.
23 Adopted by the City Council of the City of Virginia
24 Beach, Virginia, on the inrh day of Jiilv 1989.
25 WEB/epm
26 05/12/89
27 06/06/89
28 CA-89-3321
29 \ordin\proposed\06-124.PRO
Al@VKY,v'- "-
CGAL
APPRO\'E[)
RDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 SECTION 6-32 PERTAINING TO CASTING
5 GARBAGE, ETC., INTO WATERS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That the Code of the City of Virginia Beach is hereby amended
10 and reordained by adding a new section 6-32 to read as follows:
11
12
13 Section 6-32. Casting garbage, etc., into waters.
14
15 Except as otherwise permitted by law, it shall be unlawful
16 for anv Person to cast, throw or dump any garbage, refuse, dead
17 animal, trash, carton, can, bottle, container, box, lumber, timber
18 or like material, or other solid waste, except fish or crab bait
19 in any form, into any of the waters of this city. When a
20 violation of any provision of this section has been observed by
21 any person, and the matter dumped or disposed of has been ejected
22 from a boat, the
23 to be the person ejecting such matter; provided, however, that
24 such presumption shall be rebuttable by competent evidence. Every
25 such act shall be a misdemeanor punishable by a fine not to exceed
26 one hundred dollars ($100.00) or confinement in jail not to exceed
27 thirty days, or both.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 10th day of July 1989.
31
32 WEB/epm
33 05/30/89
34 CA-3337
35 \ordin\proposed\06-032.pro
APPROVED AS TO CONTENTS
DEP ARTN@E @4
APPROVED AS T@ LEGAL
D F (-; R,%A
N ORDINANCE TO AMEND AND REORDAIN
,qt4EY THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING NEW
4 SECTIONS 6-125 AND 6-126 PERTAINING
5 TO SKIN AND SCUBA DIVERS; DIVER'S
6 FLAG REQUIRED AND IDENTIFICATION
7 NUMBERS REQUIRED ON MOTORBOATS
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11 That the Code of the City of Virginia Beach is hereby amended
12 and reordained by adding new sections 6-125 and 6-126 to read as
13 follows:
14
15
16 Section 6-125. Skin and scuba divers; diver's flag required.
17
18 A. No person shall engage in skin diving or scuba diving
19 from a boat in any waters which are open to boating, or assist in
20 such diving, without displaying a diver's flag from a mast, buoy
21 or other structure at the place of diving; and no 2erson shall
22 display such a flag except when diving operations are underway or
23 in preparation, or display such a divers' flag in a location which
24 will unreasonably obstruct vessels from making legitimate
25 navigational use of the water.
26 B. The diver's flag will be square, not less than twelve
27 (12) inches on a side, and shall be of red background with a
28 diagonal white stripe, of a width equal to one fifth (1/5) of the
29 flag's height, running from the upper corner adjacent to the mast
30 downward to the opposite outside corner.
31 C. No operator of a vessel underway shall permit such
32 vessel to approach closer than twenty-five (25) yards to any
33 structure from which a diver's flag is being displayed.
34
35 Section 6-126. Identification numbers required for motorboats
36 1. No person shall operate or give permission for the
37 operation of any motorboat on any waters of the city unless the
38 motorboat is numbered in accordance with SS 29.1-702 of the Code of
39 Virginia, et. seg., federal law, or a federally approved numbering
4 0 system of another state. In addition to the numberin2
41 requirements, (i) the certificate of number must be in effect and
42 available on board for inspection, (ii) the identifying number set
43 forth in the certificate of number must be displayed on each side
44 of the bow of the motorboat, and (iii) decals signifying the last
45 month and year during which the certificate of number is valid
46 must be displayed on each side of the motorboat within six (6)
47 inches of the registration number so as to be visible while the
48 motorboat is being operated.
49 2. Violation of this section shall constitute a Class 4
50 misdemeanor.
51
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 10th day of July 1989.
54
55 WEB/epm
56 05/30/89
57 CA-3335
58 \ordin\proposed\06-125etc.pro
2
A71 T" C--'.@TE.@ITS
5 I G N ATIJ,, E
DEPARTMENT
APPROVED AS TO LEGAL
1, ANDFOPM AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA, BY ADDING A NEW
4 CITYATTORNEY SP-CTION 7-62 PERTAINING TO SARETY
5 EQUIPMENT REQUIRED, MOPED OPERATORS
6 AND PASSENGERS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10 That the Code of the City of Virginia Beach is hereby amended
11 and reordained by adding a new section 7-62 to read as follows:
12
13
14 Section 7-62. Safety equipment required, moped operators and
15 passengers.
16
17 Every person operating a moped on a public street or
18 highway of the city shall wear a face shield, safety glasses or
19 goggles approved by the Superintendent of State Police, or shall
20 have his moped equipped with safety glass or a windshield at all
21 times while operating such vehicle; and any operator and any
22 passengers thereon shall wear protective helaiets of a type
23 approved by the SLiperintendent.
24 (b) Any person who knowingly violates this ordinance shall
25 be guilty of a traffic infraction and shall be subject to a fine
26 of not more than fifty dollars ($50.00).
27
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 10th day of July 1989.
30
31 WEB/epm
32 6/07/89
33 CA-03346
34 \ordin\proposed\07-062.pro
APP@oVrl) AS TO Co,',ITE@@'!TS
,A,,,)rROVED AS TO LEC-AL
ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-7 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO RESISTING,
5 OBSTRUCTING, ETC., CITY OFFICERS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-7 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 23-7. Resisting, obstructing, etc., city officers.
14
15 a. If any person without just cause
16 obstructs a iudge, magistrate, justice, juror, witness or any law
17 enforcement officer in the performance of his duties as such, or
18 fails or refuses without just cause to cease such obstruction
19 when requested to do so by such judge, maqistrate, iustice,
20 juror, witness or law enforcement officer, he shall be guilty of
21 a Class 4 misdemeanor.
22 b. If any person, by threats or force, knowingly
23 attempts to intimidate or impede a judge, magistrate, justice,
24 juror, witness, or any law enforcement officer, lawfully engaged
25 in his duties as such, or to obstruct or impede the
26 administration of justice in any court, he shall be deemed to be
27 guilty of a Class 1 misdemeanor.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the lotb day of Julv 1989.
31
32 WEB/epm
33 05/22/89
34 CA-03333
35 \ordin\proposed\23-007.pro
36
- 39 -
-ftem V-I.3
CONSENT AGENDA ITEM # 31548
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing and directing the City
Manager to execute a quitclaim deed releasing to
the School Board the City's interest in a four
hundred sixty-five (465) square foot parcel of a
five (5) acre parcel of land leased to the City by
the School Board by lease dated May 18, 1976.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
The City Clerk referenced Councilman Moss's letter of March 30, 1989, which
pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife is a teacher with the Virginia Beach School System, he is
able to review, make recommendations and approve or deny a budget regarding the
School Board fairly, objectively and in the public interest. (Said letter is
hereby made a part of the proceedings.)
JOIAN 0. MOSS 4021 GLEN FIOAD
COUNCILMAN vinGINIA BEACH, VINGINIA 23452
KEMPSVILLE BOROUGH (804) 490-0318
March 30, 1988
Mrs. Ruth Hodges smith, CMC
city clerk
Municipal Center
Virginia Beach, VA 23456
Re: School Board Budget
Dear Mrs. Smith:
Pursuant to Section 2.1-639.14E of tlic Code of Virginia,
Ann., I make the following dcclaration:
1. As a member of the City Council of the City of Virginia
Beach, I have a duty and responsibility to the citizcns of
Virginia Beach to review, make recommendations and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Interests Act prior to
taking any action on the School Board budget, I am disclosing
that my wife is a teacher in the Virginia Beach school system;
and
3. My wife, as a teachcr in a profession, occupation and
group along with several hundrcd othcr teachors, could possibly
be affected by City Council's vote on the School Board budget;
and
4. I am ablc to rcvicw, make recommcndations and approvc or
deny a budget regarding the School Board fairly, objectively and
in the public interest even though my wife is one of many
teachers within the school system.
Accordingly, I respectfully request that you record this
declaration in the official records of the City council. Thank
you for your assistance and cooperation in this matter.
ours,
ncilmember
JDM/CJS/awi
cc: Paul A. Sciortino, CoiTunonwealth Attorney
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE A QUITCLAIM DEED,
3 RELEASING TO THE SCHOOL BOARD THE CITY'S
4 INTEREST IN A FOUR HUNDRED SIXTY-FIVE (465)
5 SQUARE FEET PARCEL OF A FIVE (5) ACRE PARCEL
6 OF LAND LEASED TO THE CITY BY THE SCHOOL
7 BOARD BY LEASE DATED MAY 18, 1976
8 WHEREAS, representatives of Cox Cable Hampton Roads,
9 Inc. (hereinafter referred to as "Cox Cable") have approached the
10 City and the School Board and have requested authorization to use
11 a four hundred sixty-five (465) square feet parcel of a five (5)
12 acre parcel of land leased to the City by the School Board by lease
13 dated May 18, 1976 for the purpose of erecting a microwave
14 communications tower;
15 WHEREAS, the tower will enable Cox Cable to provide
16 cable television services, including the educational and
17 governmental access channels (28 and 29), to residents of the
18 Blackwater Borough and surrounding areas;
19 WHEREAS, in recognition of the benefits the City and the
20 School Board would realize from the erection of the proposed tower,
21 the City desires to release its rights to, and interest in, the
22 above-referenced four hundred sixty-five (465) square feet parcel
23 to the School Board thereby allowing the School Board to lease the
24 parcel to Cox Cable.
25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the City Manager is hereby authorized and directed
28 to execute a quitclaim deed releasing to the School Board the
29 City's interest in a four hundred sixty-five (465) square feet
30 parcel of a five (5) acre parcel of land leased to the City by the
31 School Board by lease dated May 18, 1976.
32 Adopted by the Council of the City of Virginia Beach on
3 3 the 10 day of July 1 1989.
34 Adoption of this ordinance requires an affirmative vote
35 of three-fourths (3/4) of all of the members of City Council.
36 RMB/dga/dhh
37 06/15/89
38 0-0/30/89
39 CA-3351
40 (deed.ord)
A@ TO CONI t;@ i
SIGNATUP,E
'R V E D A'@ rLt7, ?A
u@
-ITY ATTO@
2
THIS QUITCLAIM DEED, made this _ day of
1989, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia, hereinafter
referred to as "Lessee", party of the first part, and the SCHOOL
BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter called
"Lessor", part of the second part.
W I T N E S S E T H:
WHEREAS, the Lessor, by Lease dated May 18, 1976, and
recorded in the Clerk's office of the Circuit Court of the City of
iVirginia Beach, Virginia, in Deed Book 1579, at page 249, leased
five acres of land to Lessee; and
WHEREAS, Lessee desires to quitclaim all interest they
have under the terms of said Lease in and to a certain portion of
the five acres of land;
NOW, THEREFORE, That for and in consideration of the sum
of TEN DOLLARS ($10.00), cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby
acknowledged, the said party of the first part does hereby release
and quitclaim unto the said party of the second part, and to their
heirs and assigns, all of its right, title in and to the following
described property, to-wit:
ALL THAT certain piece or parcel of land,
shown as the 15.011 x 31.01 shaded area on that
certain plat entitled "SURVEY OF PROPERTY PART
OF PROPERTY OF THE CITY OF VIRGINIA BEACH
'BLACKWATER FIRE STATION' DB 1588 p. 252
BLACKWATER BOROUGH VIRGINIA BEACH, VA." dated
March 21, 1989, prepared by Gallup Surveyors
& Engineers, Ltd. , a copy of which is attached
hereto and made a part hereof, to which
reference is hereby made for a more particular
description.
IT BEING a part of the same property conveyed
to the party of the second part by that
certain Lease dated May 18, 1976, recorded in
the Clerk's office aforesaid in Deed Book
1579, at page 249.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH, VIRGINIA,
a municipal corporation
City Manager
ATTEST:
RUth Hodges Smith, CMC
City Clerk
THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
By
Chairman
ATTEST:
clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that Aubrey V.
2
Watts, Jr. , City Manager for the CITY OF VIRGINIA BEACH, whose name
as such is signed to the foregoing Deed, has acknowledged the same
before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this day of 1989.
Notary Publ c
my Commission Expires:
STATE OF VIRGINIA
ICITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that Ruth Hodges
Smith, CMC, City Clerk for the CITY OF VIRGINIA BEACH, whose name
as such is signed to the foregoing Deed, has acknowledged the same
before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this day of 1989.
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that
Chairman for the SCHOOL BOARD OF THE CITY OF
3
VIRGINIA BEACH, whose name as such is signed to the foregoing Deed,
has acknowledged the same before me in the City of Virginia Beach,
State of Virginia.
GIVEN under my hand this day of 1989.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, I a Notary Public in and for the
City and State aforesaid, do hereby certify that - I
Clerk for the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, whose
name as such is signed to the foregoing Deed, has acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this day of 1989.
Notary Public
My Commission Expires:
RMB/RCP/dhh
SCHOOL.DED
06/28/89
4
-7(,
FAG, 9
;7c. 1 97 6
by afid betweeti the SCV:OOL BOARC OF TIIE CITY OF VIRGINIA BEACH, VIRGINIT,,
hereinafter czilled "Lessot-@', party of the first part, and '6he CITY OF
Corrvnonwcalth of
VIRGINIA BEA',H, VIRGINIA, a niunicipal corporation of the.
Virginia, liereiriafter referred to as "Lessee", party of the second pat,t-
W I -F N E S S E T H
WHEREAS, the Lessor is the owner of certaiii property, hereinafter
described, in the Borough of Slack'viater, City of Virginia Beach, Virainia;
and
WHEREAS, Lessee desires "o lease said propei,ty '@o be used as a
fire station and for other municipal purposes.
NOW, THEREFORE, WITNESSETH:
The Lessor, party of the first part, for and in consideration of
the rent and covenants and agreements to be kept and performed by the parties
hereto, agrees to let and rent, and does by these presents hereby let and
rent unto the Lessee, party of the second part, upon the following terms and
conditions the following described property, to-wit:
All that certain triangular parcel of land
with the appur"enances and improveiner,.ts
thereto situated near Bla-1k@iater Baptist
Lhu-c@, in B'iaci(w.3tet@ if@
of Virginia Beach, Virginia, lor[Tler;,,, Pungo
Magisterial District, in the Couiity of
Princess Anne, Virginia, at tile intersection
of the Indian Creek and Gibbs @.@loos Pijbl,*.c
Road, which said ti-act of land contains Five
(5) acres, niore oi, less, and is bOL;i-ided on
the north by Indian Creek, on the east by
the Gibbs Woods Road ai)d on tne solitli and
west by the branch nov@ Cr formerly owned b%t
Thoinas 1. Satiyer dnd is the saiiie pt-operty
conveyed to the Couiit.v @)chcol Boai@d of
Princess Aniie, 'lirgiiiia, b-@ Ed,,.Jin F. Cox
and wife, by deed ('ated July 16, 1923, and
recorded 4n De@d Book, 121, at Page 318, -,ii
the Clerk;, -
,Office of the Circtjit Court o-
the City of Virginia Beach, Virginia.
!T the ;ame Prope.-t@, cc-,n,,,eyed to the
Lessor by deed of Ralph Lee r-t,!)s@l,
for the Blackt./ater Recrea,'-iori Cominittee,
dated the 11@h day of May, 10,76.
-,'i,,@S lease is coiidi'-'cned upon t@.e follow-ing 'enils, cc.,-iditiors
and covenatits:
1. The tern of this lease shall be for a period of forty (40)
years, coiinenciiig on the S day of 197Fj, and thi,@ lease
shall teminate at midnight on the day of 2016
I
with the right of renewal for an additional tern or ter-,ns/Of forty (40) yeai's-
2. The rent for the subject premises shall be the sum o,@ Orie
Dollar ($1.00) to be paid annually on the _ day of and
other good and valuable consideration.
3. It is expressly agreed between the parties hei-eto tha'. the
Lessee shall have the right to and control of the deniised premises during
the terin of the lease period or periods,
WITNESS the following signatures and seals on the day, month and i
year first above written.
THE SCHOOL BOARD OF THE CITY
QF VIRGINIA BEACH, VIRGINIA
By
ATTEST:
c
ITY,OF VIRGINIA BEACH, VIRGItilA
ATTEST'
C I erik
STATE OF VIRGI NIA
CITF OF V'LRGI;,'Il@
1, a t@otary Public
in and for the City and State aforesaid, do hereby certify that
Chairman, and
Secretary, for the City of Virginia Beach School Board, whose names a-, such@
i: are sigiied to the foregoing lease, bearing date on the
1976, have acknowledged the same before iie. in my
City and State aforesaid.
GIVEN under my hand this day of 1Q,76.
Mv Connission Expires:@-/ - '7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a iiotary Public
in and for the City and State aforesaid, do hereby certify that GEORGE L.
HANBURY, City Manager, and RICHARD J, WEBBON, City Clerk, for the City of
Virginia Beach, Virginia, whose names as such are signed to the foregoina
lease, bearin 0
g date on the @day f 1976, have
ii acknowledged the same before me ill my City and State aforesa4.d.
GIVEN under my hand this y of 1976.
blic
My Commission Expires:
-@ONTV
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TIIE CITY OF VII@(-,INIA fqt-ACII @Ilt @Al' l@@ t"I
BLACKWATEI? FIRE STATlOt4" Ill IIIACII
lw
- 40 -
Item V-1.4
CONSENT AGENDA ITEM # 31549
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for left turn lane,
Princess Anne Road at the Post Office; and, the
acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AIJTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 LEFT TURN LANE PRINCESS ANNE ROAD AT POST
4 OFFICE AND THE ACQUISITION OF TEMPORARY AND
5 PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER
6 BY AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "LEFT TURN LANE PRINCESS ANNE RD. AT POST OFFICE C.I.P
23 2-816,11 these plans being on file in the Office of Real Estate
24 Department of Public Works, Virginia Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the City of Virginia Beach,
3 5 Virginia, on the 10 day of July 19 89
3 6
37
3 8
3 9
40
41
4 2
4 3
44
45
46 06 29 /89
47 CA-3391
48 \ordin\noncode\papost.ord
CT
ty,
er's Marke
OJECT
SITE
ilicipal Ceiiter
se ES
@LEFT TURN LANE
' " @ - "b. AT POST OFFIC
PRINCESS ANNE R
N .11@- I I
C.I.P. No. 2-816
- 41 -
Item V-1.5
CONSENT AGENDA ITEM # 31550
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $7,500 in additional
revenue for Contingencies to implement a
Certificate of Occupancy Program for rental units.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROFRIATE $7,500 IN ADDITIONAL
2 IEVZNUE kND TO TRANSVZR 074,676 V9LOM TITZ VY 1989-90
3 GENERAL FUND RESERVE FOR CONTINGENCIES TO IMFLEMENT
4 A CERTIFICATE OF OCCUPANCY PROGRAM FOR RENTAL UNITS
5 WHEREAS, the housing stock within the city is aging and in some
6 Instances falling Into disropair a.,l ft is ill tlio city's lntorost to try and
7 prevent neighborhood decline;
8 WHEREAS, the Departments of Housing and Neighborhood Preservation,
9 formerly called Housing and Community Development and Permits and Inspections
10 have developed a Certificate of Occupancy Program which will ensure that rental
11 units within Special Emphasis Areas will be maintained in accordance with minimum
12 housing codes;
13 WHEREAS, the program will issue a Certificate of Occupancy for
14 rental properties after the completion of an inspection and the certification
15 that the property meets minimum housing code;
16 WHEREAS, it is anticipated that the program can be initiated with
17 two housing inspectors conducting approximately 4,000 initial inspections each
18 year at an estimated cost of $82,176 as shown below;
19 Salaries and Fringe Benefits (2-Housing Inspector I's) $ 49,001
20 Support Costs 7,655
21 Motor Vehicles and Radios 25,520
22 TOTAL 176
23 WHEREAS, a fee of $25.00 will be charged in the event repairs or
24 corrections are required and have not been completed by the time of the
25 reinspection of the property, resulting in a total revenue collection of
26 approximately $7,500 annually,
27 WHEREAS, there is sufficient funding available in the FY 1989-90
28 General Fund Reserve for Contingencies to support this program.
29 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31 That funds in the amount of $82,176 be appropriated to the Department
32 of Housing and Neighborhood Preservation for implementing a certificate of
33 occupancy program.
34 BE IT FURTHER ORDAINED:
35 That the program be funded by a $74,676 transfer from tbe FY 1989-
36 90 General Fund Reserve for Contingencies and $7,500 from additional estimated
37 revenues in the FY 1989-90 Operating Budget.
38 Adopted by the City Council of the City of Virginia Beach, Virginia,
39 on the Tenth day of July 1989.
40 First Reading July 3, 1989
41 Second Reading July 10, 1989
APPROVEL)
SUFFICIENCY ANL,
- 42 -
Item V-I.6
CONSENT AGENDA ITEM # 31551
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance, to APPROPRIATE $129,994 to the
Department of Mental Health/Mental Retardation and
Substance Abuse for enhancements to Departmental
operations.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE @129,994 TO
2 THE DEPARTMENT OF MENTAL HEALTH/MENTAL
3 RETARDATION AND SUBSTANCE ABUSE FOR
4 ENHANCEMENTS TO DEPARTMENTAL OPERATIONS
5
6
7 WHEREAS, the state Department of Mental Health, Mental Retardation and
8 Substance Abuse Services has provided maintenance funds for operation of the City
9 of Virginia Beach Department of Mental Health/ Mental Retardation/ and Substance
10 Abuse in excess of those budgeted in the Approved City of Virginia Beach FY 89-
11 90 Operating Budget;
12 WHEREAS, the state Department of Mental Health, Mental Retardation and
13 Substance Abuse has also made available additional funds for intravenous drug
14 abuse treatment and substance abuse prevention;
15 WHEREAS, these additional funds from the state require no additional local
16 matching funds;
17 WHEREAS, the Virginia Beacb Community Services Board has recommended that
18 these additional funds be used to add four (4) additional full time permanent
19 positions for program erihancements and support and for expanded computer support;
20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA:
22 That funds in the amount of $129,994 be appropriated to the Mental Health/
23 Mental Retardation and Substance Abuse Fund for FY 89-90 and that revenue from
24 the Commonwealth be increased by $129,994 and that four (4.0) additional full
25 time permanent positions be authorized for program enhancements.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th
27 day of July, 1989.
28
29 First Reading July 10, 1989
30 Second Reading
31
32
33
34 AP'l-@O@IED AS TO CONTENTS
5IG14ATIJRE
DEr'AP.TMENT
APPR -,VED AS TO LEGAL
'-ZU@F!CIENCY AND FORM
- 43 -
Item V-I.7
CONSENT AGENDA ITEM # 31552
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $128,500 to Project 2-816
Traffic Safety improvements for sidewalk projects
and geometric improvements.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $128,500 TO PROJECT 2-816 TRAFFIC SAFETY IMPROVEMENTS
3 FOR SIDEWALK PROJECTS AND GEOMETRIC IMPROVEMENTS
4 WHEREAS, the Capital Improvement Program includes project 2-816 Traffic
5 Safety improvements to improve traffic capacity including turn lanes, bypass
6 lanes, intersection improvements, realigrunent of sharp curves, and traffic
7 signalization;
8 WHEREAS, Public Works has identified the need for four sidewalk projects
9 totaling $83,500 to allow safe passage at various public scbools and $45,000 to
10 cover the cost of geometric improvements;
11 WHEREAS, the $128,500 additional funds needed may be transferred from
12 project 2-034 Pavilion Drive South since the project is presently on hold pending
13 dedication of property, with the funds to be replaced as needed in the next CIP.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $128,500 are hereby transferred from project
17 2-034 Pavilion Drive South to project 2-816 Traffic Safety Improvements for
18 sidewalk improvements and geometric improvements.
19 This ordinance shall be effective from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 Tenthday of July 1989.
;KPPROVED AS TO CONTENTS
DEIART.IIEIIT
A@@;-@@,,-'VED AS TO LEGAL
FU.'.'!@IENCY AND FORM
- 44 -
Item V-I.8
CONSENT AGENDA ITEM # 31553
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances authorizing temporary encroachments into
the City's property as follows:
North Bay Inlet South (3101 Little Island Road
- Proposed bulkhead and pier) to William P.
Deuchler, his heirs, assigns and successors in
title.
Blue Gill Inlet (304 Tuna Lane - Proposed
bulkhead, concrete boat ramp, existing 10' x
16' dock) to Milton E. and Brenda S. Womack,
their heirs, assigns and successors in title.
The following conditions of each Encroachment shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to be unsightly or a hazard.
4. The owner must obtain an approved waterfront
permit.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1. Zeq@iested by Dopartment of Publj.c Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 IIITO THE CTTY'S PROPERTY
5 KNOWN AS NORTH BAY INLET
6 SOIITH TO WILLIAM P.
7 DEUCHLER, HIS HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITI,E
1-0 BE IT ORDAINED BY THE COITNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent
13 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
14 amended, William P. Deucliler, his heirs, assigns and successors
15 in title, is authorized to construct and maintain a temporary
16 encroachment into the City's property known as North Day Inlet
3.7 South.
18 Tbat the temporary encroachment herein authorized is
19 for the purpose of constructing and maintaining a timber bulkhead
20 and pier and that said encroachment shall be constructed and
21 niaintained in accordance with the City of Virginia Beach Public
22 Works Department's specifications as to size, alignment and
23 location, and further that such temporary encroachment is more
24 particu.larly described as follows:
25 An area of enc.,roachment into the
26 City's property known as North Bay
27 Tnlet South, as shown on that
28 certain plat entitled: "PROPOSED
29 BULK, E-ILL & DOCK IN NORTH BAY
30 INLET SOUTI] AT SANDBRIDGE COUNTY. OF
31 VA. BCH., STATE VA. APPLICATION BY
32 W. DEUCHLER DATE 8-4-88 REVISED
33 3.1/21/88,11 a copy of which is on
34 f i.le in the Department of Public
35 Works and to which reference is
36 i@iade for a more particular
37 description.
38 PROVIDED, HOWEVER, that the temporary encroachment
39 herein authorized shall terminate upon notice by the City of
40 Virginia Beach to William P. Deuchler, his heirs, assigns and
41 successors in title and that within thirty (30) days after such
42 not-i-ce is gi.ven, said encroachment shall be removed from the
43 City's property known as North Bay Inl.et South, and that William
4 4 P. 'oeuchler, his heirs, assigns and successors in title shall
45 bear all costs and expenses of such removal.
46 AND, PROVIDED FIJRTHER, that it is expressly understood
47 @nd agreed that William P. Deuchler, his heirs, assigns and
48 successors in title shall. indemnify and hold harmless the City of
49 Virginia Beach, its agents and employees from and against all
50 claims, damages, losses and expenses including reasonable
51. attorney's fees in case it shall be necessary to file or defend
52 an action ari-sing out of the location or existence of such
53 eiicroachment-
54 AND, PROVIDED FURTHER, that this ordinance shall not be
55 in effect until such time that William P. Deucliler executes an
56 agreement with the City of Virginia Beach cncompassing the
57 aforementioned provisions.
58 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the 10 day of July 1989
60 JAS/ils
61 04/18/89
62 CA-89-3273
63 (encroach\deuchler.ord)
/@S T@
D @'i R, @ /t!.
AS
2
THIS AGREEMENT, made this day of W,?,-z
bv and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
niunicipal corporation, party of the first part, and WILLIAM P.
'IDEUCHLER, not marricd, HIS IIEIRS, ASSIGNS AND SUCCESSORS IN
@ITITLE, party of thc second part.
W I T N E S S E T H:
'-Phat, WHEREAS, it !.s proposcd by thc party of tbe
second part to con@,truct and maintain a timber bulkhead and
ipier in the City of Virginia Beach; and
WHEREAS, i.ri constructing and maintaining such
ilbulkhead and pier, it is necessary that the said party of the
second part encroach into the City's proporty known as North
i Bay Inlet South; and said party of the second part has
rcquested that the party of the first part grant a tcmporary
encroachment to facilitate such bulkhead and pier within the
City's propc,,rty known as Nortli Bay Inlet Soiith.
NOW, THEREFORE, for and in consideration of the
prcmises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to tl-ie said party of tlle first
part, receipt of whicli is hereby acknowledgcd, the party of the
GPIN
f i.rst part doth grant to the party of thc sccond part a
temporary encroachTlcnt to iise the, City's propcrty known as
IlNorth Bay Inl(,-t South for the purpose of constructing and
l@maintaini.ng such bulkhead and pier.
It -i.s expressly understood and agreed that such
temporary encroachment will be constructed and maintained iri
irginia and
accordance with the laws of the Commonwcalth of V
thc,. City of Vi:cginia Beach, and in accordance witli the City of
Virginia Beach Public Works Department's specifications and
approval as to si.ze, alignmcnt and location and is more
particularly described as follows, to wit:
An area of encroachment into the City's
property known as North Bay Inlet South, as
shown ori that cert.ain plat entitled:
"PROPOSED BULK, FILL & DOCK IN NORTTI BAY
INLET SOUTII AT SANDBRIDGE COUNTY OF VA.
BCH., STATE VA. APPLICATION BY W. DEUCHLER
])ATE 8-4--88 RF.VISED 11/21/88,11 a copy of
whi.ch is attached hereto and to which
rc,,ference is made for a more particular
descri.pti.on.
It is fiirther c.,xpressl.y understood and agreed that
ttic temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thi.rty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's property known as North Bay Inlet South by the party of
thc, second part; and that thc party of thc second part shall
,bear all costs and expenses of such removal.
2
agreed that
Tt is fiirther cxprcssly understood and
Iltlic, party of tbe sccond part ryiust ohtain an approved waterfront
perniit.
it is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
tlie city of Virginia Beach, its agcnts and employees, from and
against all claims, damages, losscs and expenses including
reasonable attorney's fees in case it shall be riecessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
it is furthcr expressly understood and agreed that
riothing lic,,rein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any oncroachment other than that specified
Iherein and to thc limi-ted extcnt specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than thc party of the second part.
it is further cxpressly understood and agreed that
the party of the sccond part must submit and have approved by
Ithe party of the first part an insurance policy, satisfactory
I
ilto the party of the first part, in compliance witli the law, and
f or an amount suf f icient properly to protect the party of the
ifirst part and the party of the second part. The party of the
first part shall be an additional insured under thc terms of
any such insurance policy. Stich i.nsurance policy must be
submitted by the party of the second part and deemed acceptable
by the party of the first part before thc proposed cncroachment
can be excrcised or constructed.
It is further cxprcssly understood and agreed that
'lithc party of the first part, upon revocation of such authority
iland permission so granted, may remove any such cncroachmcnt and
I
l@charge tlie cost thercof to the party of the second part, and
iicollect the cost i.n any mannc,.r providcd by law for the
11
icol.lection of local or state taxes; may requirc the party of
ithe sccond part to remove such tcmporary encroachment; and
ipending such removal, the party of the first part may charge
-the party of thc second part compcnsation for thd use of such
portion of the city's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land
so occupied if it werc owned by the party of the second part;
and if such removal shall not be made within thc time ordered
@hereinabove by this Agreement, the City shall impose a penalty
lin the sum of One Hundred Dollars ($100.00) per day for each
and ev(-,ry day tliat slich encroachment is allowed to continue
thereafter, and shall collect such compensation and pcnalties
iri any manner providcd by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, William P. Deuchler, the said
lparty of the second part, has caused this Agreement to be
l'
lexecuted by his signature and seal duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
4
n its behalf bY its City Manager and
lexecui:ed i.n Lts namc and o
ed by its City Clerk.
I1-ts --,c,,il be licrcll.nto ,ff3,xed and attc,,St
CITY OF VTRGINIA BEACH
By
C 1--y Matiagrr
@'(SEAL)
i!ATTEST:
City Clerk
EAL)
Will.iam P. Deuc lor
@ISTA'CE OF VIRGINIA
11,CITY OF VIRGINIA BEACH, to-wit:
T, a Notary
1 Pj.blic d.n and for tlie City and State aforcsal.d, do hereby
licertify that ATJBREY V. WATTS, JR., City Manager for the CITY
IOF VIRGINIA BEACII, whose naine is Fiqncd to th(- foregoing
I I
l@Agrcement bearing date on @--hc day of
ii
ii 19_, Iias acknowledged the samc b('-fore mc-, in my City and
i
ilState aforesaid.
GIVEN undcr my haiid this day of
Notary Public
IMy Coinmissiori Expires:
i[STA'CE OF VIRGINIA
i!CITY OF VIRGINIA BEACH, to-wi-t:
T. , a Notary
!,Public in ind for thc City and State aforesaid, do liereby
,certify that RUTII IIODGES SMITH, City Clerk for the CITY OF
IVIRGINIA BEACH, wbose name is si.gned to tho foregoing Agreement
ibearing date on the day of 19 has
acknowledged the same before me iri my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
illMy Commission Expircs:
@ISTATE OF VTRGINIA
CITY OF VIRGTNIA BEACH, to-wit:
-RLt-rti -8. CoLk, @(u4 l@f-ii a Notary
iPublic in and for the City and State aforesaid, do hereby
certify that William P. Deuchl.or, not married, whose narne is
sigricd t.o the foregoi.ng writing, bearing datc the day of
198 has acknowledged the same
libefore me in iny City and State aforesaid.
GivEn undcr my hand this day of
@otar@ Piiblic
IIMY Commission Expires: lqc?i
6
JAS/I IS
na.te: 04/25/89
ICA-89-3273
@l(ericroacli\deuchl(@r.agr)
APFROVED AS TO CONTL'1'4TS
DEPARTMENT
AP',IROVED AS TO LEGAL
'7U,@FICIENCY AND FORM
7
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VICI N IT
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i Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO THE CITY'S PROPERTY
5 KNOWN AS BLUE GILL INLET
6 TO MILTON E. WOMACK AND
7 BRENDA S. WOMACK, HUSBAND
8 AND WIFE, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
3.0 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 Tbat pursuant to the authority and to the extent
14 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
15 amended, Milton E. Womack and Brenda S. Womack, husband and wife,
16 their heirs, assigns and successors in title, are authorized to
17 construct and maintain a temporary encroachment into the City's
1.8 property known as Blue Gill Tnlet-
19 That the temporary encroachment herein authorized is
20 for the purpose of constructing and maintaining a bulkhead, boat
21 ramp, and dock and that said cncroachment shall be constructed
22 and maintained in accordance with the City of Virginia Beach
23 Public Works Department's specifications as to size, aligriment
24 and location, and further that such temporary encroachment is
25 more particularly described as follows:
26 An area of encroachment into the
27 City's propcrty known as Blue Gill
28 Inlct, on the certain plat
29 entitled: "PROPOSED BULKHEAD,
30 FILL, & RAMP IN BLUE GILL INLET AT
31 SANDBRIDGE COUNTY OF VA. BCH. STATE
32 VA. APPLICATION BY M. WOMACK DATE
33 3/28/88 SCALE I " @ 3 01 , " a copy
34 of which is on file in the
35 Department of Publi-.c works and to
36 which reference is made for a more
37 particular description.
38 PROVIDED, HOWEVER, that the temporary encroachment
39 herein authorized shall terminate upon notice by the City of
40 Virginia Beach to Milton E. Womack and Brenda S. Womack, husband
41 and wife, their heirs, assigns and successors in title and that
42 within thirty (30) days after such notice is given, said
43 encroachment shall be removed from the City's property known as
4 4 Blue Gill Inlet and that Milton E. Womack and Brenda S. Womack,
45 husband and wife, their heirs, assigns and successors in title
46 shall bear all costs and expenses of such removal.
47 AND, PROVIDED FURTHER, that it is expressly understood
48 and agreed that Milton E. Womack and Brenda S. Womack, husband
49 and wife, their heirs, assigns and successors in title shall
50 indemnify and hold harmless the City of Virginia Beach, its
51 agents and empl-oyees from and against all claims, damages, losses
52 and expenses including reasonable attorney's fees in case it
53 shall be necessary to file or defend an action arising out of the
54 location or existence of such encroachment.
55 AND, PROVIDED FURTHER, that this ordinance shall not be
56 in effect until such time that Milton E. Womack and Brenda S.
57 Womack, husband and wife, cxecute an agreement witb the city of
58 Virginia Beach cncompassing the aforementioned provisions.
59 Adopted by the Council of the City of Virginia Beach,
60 Virginia, on the 10 day of July 19 89
61 JAS/jls
62 04/07/89
63 CA-89-3256
64 (ordin\noncode\womack.ord) qrROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
EUzc:ICIENCY AND FORM
2
TTTS AGREEMENT, made this day of M c@.(@
I 19_ta, by and b--tween thc CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporatic)n, party of thc first part, and MILTON E.
WOMACK and BRENDA S. WOMACK, liu!-7;baiid and wifc,,, TIIEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part.
w I T N E S S E T H:
That, WTIEREAS, it is proposcd bv tlie parties of the
second part to construct and maintain a wooden bulkhead,
concrete boat ramp, and oxisting 1.01 X 161 dock in the City of
ljirginia Beach; and
W.IIEREAS, in constructing aiid inaintainirig such
bulkh(@ad, boat ramp, and dock, it is n(,,,ccssary that the said
parties of the sccond part encroach into the Ci.ty's property
knowia as Blue Gill Inlet; and said par-ties of tho second part
liave requested that the party of the first part grant a
tcmporary encroachment to facilitate such biilkhcad, boat ramp
and dock within thc City's property known as Blue Gill Inlct.
NOW, THEREFORE, for and i.n consideration of the
proiniscs and of the benc,,fits accruing or to accrue to the
parties of thc second part and for the furthcr consideration of
ne Doll.ar ($1..00), -i-n hand paid, to the said partv of thc,
0
c c, f whicli !.s hcrc,-by ackn(Dwledgcd, the party
Eirst part, r c..ipt o
of the first part dot:li grant to tlica parties of thc second part
a temporary encroa(@hmc,.nt to usc,, thc City's property kriown as
Blue Gill Inl-ct for tlic purpose of constructing and
inaj-ntaining sucli biilkhcad, boat ramp, ).nd dock.
it i.s expr(.,ssly understood and agreed that such
temporary oiicroachmcnt will bc constructed and maintaincd in
accordance %,7ith the laws of thc, Commonwealth of Virginia and
the Cit.y of Virginia Dt@ach, and 3.n accordanc(-' with the City of
Virgi.iiia Bcach Piibl-d.c Works Department's sp(',cifications and
approval as to size, al-i.gnm(@nt and I-ocation and is more
part@icul-arly describc,,d as fol]-ows, to wit:
irea of encroachmc-,nt irito th City's
pi.-operty kiiown as Bl.uc Gil-1. Inlet as shown
on that --(.,,rtain plat entitlcd: "PROPOSED
BULKHEAD, FILL, & RAMP IN BLUE GILL -INLET
AT SANDDRIDGE COUNTY C)F VA. BCII. STATE VA.
APPLICATION BY M. WOMACK DATE 3/28/88
-CALE 1" 301,1' a copy of wliich is
attached hereto and to which rcfercnce is
inade fc)r a more partictil.ar dc,.rcrir)ti-on.
it is further c.,xpressly u.nd,cr,-tood and agreod thit
tlie !-(@mporEtry encroachrii(@nt h(,roin atittiorized sliall tc,.rminatc
upon noticc by the City of Virgd-iii.a B(.'.ach to the parties of the
secorld part, and that. witliin tliirty (30) days aft(@r such notice
11 is given, such teinporary encroachment shall be removed from
tlie City's property kiiown a.s Bluc Gill Inlct by the parti.es of
the second part; and. that thc partics of tlic second part shall
bear all costs and expen--es of siich removal.
1 is f t.irther cxprcssly uiidc@rstood and agreed that
d
t,he@ pal.-t-i-c.,s of thc,, second part --hall irid(,mnify and hol
1-iarinless the city of Virginia Beach, its agents and employces,
from and agairist a-LI claims, damages, losses and expcnses
e
!-ncl.uding reasonabl-c attorn(,y's fees in case it shall b
necessarv to f-i.Ic-, c)i, defend an iction arising out of thc
location or existence of sucli tempor@try encroachment.
Tt !.F. further c,,xpres,-;I.y understood and agreed that
nothing hcrei.n contai-ned shall be construed to cn]-argc such
permissi.on and authority to pcrmit the mai.ntenance or
construction of any oncroachi-nent othcr than that specified
herein zind t-.o the limitc-d cxt@,lit spccified hcrein, nor to
permi.t tbo maj-ntenance and coristruction of any encroachment by
atiyone other thziri thc parties of the second part.
It if, furtli(-,r cxprcssly understood and agreed that
the party of the second part shall- bear thc responsibility of
obtaining an approved waterfront permit.
-it is further c)cpressly iinderstood and agreed that
tlae party of the firsl part, upon revocation of such authority
aiid perniission so granted, may remove any such encroachment and
charge tlie cost thc,,reof to '.he pa.rties of the second part, and
coll.cct thc cost in iriy inanner provi.ded by law for the
collection of local or, state taxcs; may require the parties of
the second part to romovr-, such temporary encroachment; and
pending siicli rcmoval, the party of the first part may charge
the parties of the second part compensation for thc use of such
3
valent of what would bc
City property encroached upon Lhe equi
tbe real propcrty tax i.Lpon the ].and so occupicd if it were
1 owned by thc parties of tho sccond part; and if such removal
sliall not be made within the time ordcred hercinabove by this
Agrccment, the City shall impose a penalty in the suin of Onc
Hundred Dollars ($100.00) per day for each and every day thar
siach encroachment is a.Ilowcd tc) continuc ttiercafter, and shall
cc)ll-ect such compensation and pcnalties i.n any manner provided
I)y iaw tor the collcction of ).ocal or state taxcs.
IN WITNESS WIIEREOF, Milton E. Womack and Brenda S.
ii womack, husband and wife, the said parties of thc second part
have caused this Agreement to be execiited by their signaturcs
and seals duly affixod. Furtlier, tliat the City of Virginia
Beach has caused this Agreemeiit to be oxccilted in its riame anci
on i-ts behalf by its City Managcr aiid its seal be hereunto
-iffixed and attested by its City Cl.c,.rk.
CTTY OF VIRGINIA BEACH
By
(SEAL) (,it@, Manager
ATTEST:
City Clerk
('s@AL
Milton E. Wom
-(SEAL)
Bronda S. Woniack
STATE OF VIRGITTIA
CITY OF VIRGTNIA BEACH, to-wit:
1, a Notary
Public -Ln @iiid fc)r tlic City and State aforesaid, do hereby
cort-ify that AUBREY V. WATTS, JR., City Managcr for thc CITY
BEACH, whos,-, name is sigried to the foregoing
OF VIRGINIA
Agreement bearing date on the day of 19
lias @icknowledged thr2 samc before Tti('- i-n my City and Stato
aforesaid.
GIVEN under my hand thi.s day of
19
Notary Publ.ic
My Commj-ssi-on Expircs:
STATE OF VIRGINIA
CITY OF VTRGINIA DEACH, to-wit:
I, 11 Notary
Public i.n and for ttie City and State aforesaid, do hereby
c(@rtify that RUTH IIODGES SMITH, City Clerk for thc CITY OF
VIR.GINIA BEACII, whc.)se name i.s signed '@o thc foregoing Agreement
bcaring datc,, ari thc,@ day of 19 _, has
acknowledged the same bcfore me irl my City @in(I State tforesaid.
GIVEN under my hand thi.,; day of
19
Notary Piibl.ic
My Commisf3ion Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Piibl.ic in and for tlic City and Stato aforesaid, do hereby
cc,.rtify that Miltc)n E. Womack, whoso name is signed to the
foregoiiig writirig, bearing date. the /P day of
19 has acknowledged the same
I-)cfore mc -in iny City and State aforesaid.
Given under iny hand this C-2 day of
i 9@/
ic
My Commission Expires:
STATE OF' VIRGINIA
Cl'ry OF VIRGINIA BEACII, to-wit:
a Notary
Public iii and for tlic City and Statc aforcsaid, do hereby
certify tliat Brcrida S. Womack, whose riame iF@ signed to the
1 forcgoi.ng writing, bearing datc, tlic day of
1.9 has acknowlcdged the same
beforo me in fny City and State aforcsaid.
Given undcr my hand this day of
ic
My Commissiori Expires: .2 ;7
JAS/ils
0 4 / 07 / 89
CA-89-3256
(ciicy-oach@\wolTiack. agr)
@PIROVED AS ro
DEPAR
APPROVED AS TO LE AL
SUFFICIENCY AND FORM
y
Pkopo:se-CL bLLL@ecLd
cLr e cx- encroo ch -mnt
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LOCATION MAP
- 45 -
Item V-I.9
CONSENT AGENDA ITEM # 31554
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
IDW BIDS:
RF-A Construction Company, in the amount of
$81,280.65, for the Spigel Road Improvement Project
(CIP 2-837).
Conrad Brothers, Inc., in the amount of
$3,064,305.25, for Resort Streetscape Improvements,
Section 1, Phase IT (CIP 2-067, 5-966, 6-925).
Utility Builders, Inc., for Lakeview Park in the
amounts of:
$1,193,793.40, Contract I (CIP 6-932), Sanitary
Sewerage and Water Distribution Facilities;
$1,324,248.50, Contract II (CIP 5-021), Sanitary
Sewerage and Water Distribution Facilities;
Woodington Corporation, for Lakeview Park in the
amount of:
$183,239.00, Contract III (Bid No. 0369), Sewer
Pump Station.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 46 -
Item V-I.10
CONSENT AGENDA ITEM # 31555
Attorney William L. Nusbaum, 1700 Dominion Tower, Norfolk, Virginia, Phone:
429-0612, represented the Indian Lakes Apartments and spoke in OPPOSITION. The
proposed plan of Indian Lakes Boulevard, Phase II, will destroy all of Indian
Lakes Apartments' landscaping frontage. (Statement is hereby made a part of
the record.)
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED:
Authorization to proceed with final design of
Indian River Road Phase IV (CIP 2-065).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 47 -
Item V-J. I
APPOINTMENTS ITEM # 31536
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ADVERTISING ADVISORY REVIEW COMMITTEE
BOARD OF BUILDING CODE APPEAIS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
- 48 -
Item V-J.2
APPOINTMENTS ITEM # 31557
Upon NOMINATION by Councilrnan Sessoms, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION
David W. Groth
(unexpired term through 12/31/91)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 49 -
Item V-K.1a.
UNFINISHED BUSINESS
ADD-ON ITEM # 31558
Councilman Perry advised Magistrate Brown wished to express appreciation for
the Traffic Light on Seaboard Road. Water and sewer is also now being
instal.led.
- 50 -
Item V-K. 1.
UNFINISHED BUSINESS
LIGHT RAIL ITEM # 31559
William J. Holloran, Jr., 4512 Virginia Beach Boulevard, Phone: 490-1221,
Executive Director - Hampton Roads Chamber of Commerce, spoke in support of
regional mass transit and presented a statement of position from the Hampton
Roads Chamber of Commerce which is hereby made a part of the record. The
Chamber suggested the City Council take no action until all the information
and options are available for public review and education
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to ADOPT
an Alternate Resolution Directing No Expenditures be made on a Light Rail
System prior to submission of the issue to voters at an Advisory Referendum.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Sessoms to ADOPT AS AMENDED* Alternate Resolution Directing No Expenditures to
be made on a Light Rail System prior to submission of the issue to voters at an
Advisory Referendum.
'@On Line 21, the words: "or declaration of intent" shall be omitted.
Upon Motion by Councilman Moss, seconded by Councilwoman Parker, City Council
TABLED the SUBSTITUTE MOTION TO AMEND Alternate Resolution Directing No
Expenditures be made on a Light Rail System prior to submission of the issue to
voters at an Advisory Referendum and to delete the words "or declaration of
intent".
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley and William D. Sessoms,
Jr.
Council Members Absent:
None
- 51 -
Item V-K.I.
UNFINISHED BUSINESS
LIGIff RAIL ITEM # 31559 (Continued)
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker, to ADOPT
the Alternate Resolution:
Resolution Directing No Expenditures to be made on
a Light Rail System prior to submission of the
issue to voters at an Advisory Referendum.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, Reba S. McClanan,* John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober,** Barbara M. Henley, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
None
*Verbal Aye
*"Verbal Nay
- 52 -
Item V-K.I.
UNFINISHED BUSINESS
LIGHT RAIL ITEM # 31559 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
DENIED:
Resolution pursuant to Section 3.05(f) of the
Charter of the City of Virginia Beach requesting
that the Circuit Court of the City of Virginia
Beacti enter its order placing an Advisory
Referendum on the November 7, 1989, Ballot
submitting to the voters certain proposed
ordinances providing for a LIGHT RAIL SYSTEM
between the City of Virginia Beach and the City of
Norfolk.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Reba S. McClanan, John D. Moss,*
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
*Verbally Changed Aye to Nay
- 53 -
Item V-K.2.
UNFINISHED BUSINESS
LIGHT RAIL ITEM # 31560
A MOTION was made by Councilman Heischober, seconded by Vice Mayor Fentress to
ADOPT a Resolution to authorize Tidewater Transportation District Commission to
undertake a financial plan for proposed Light Rail services for the U.S. Naval
Base extension.
Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilwoman McClanan,
City Council DENIED:
Resolution to authorize Tidewater Transportation
District Commission to undertake a financial plan
for proposed Light Rail services for the U.S. Naval
Base extension.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John A. Baum, Harold Heischober, Barbara M. Henley
and William D. Sessoms, Jr.
Council Members Absent:
None
As the hour was late, Mayor Oberndorf requested the Council Members who made
the Motion to DENY to again SCHEDULE for the City Council Agenda of August 7,
1989, the Resolution to authorize Tidewater Transportation District Commission
to undertake a financial plan for proposed Light Rail services for the U.S.
Naval Base extension. This would afford an opportunity for further information
to be presented.
- 54 -
Item V-K.3
UNFINISHED BUSINESS ITEM # 31561
BY CONSENSUS, City Council RFMOVED FROM THE AGENDA:
Request for authorization to grant permission to
developers of Lynnhaven Office/Industrial Park to
extend Sabre Street between South Lynnhaven Road
and Lynnhaven Parkway.
- 55 -
Item V-K.4.
UNFINISffED BUSINESS ITEM # 31562
ADD-ON
Councilman Balko advised concerns expressed by Councilman Perry relative the
septic tank of Mrs. Mamie Brock have been resolved and she is now living in a
house on Princess Anne Road
- 56 -
Item V-L. 1.
NEW BUSINESS ITEM # 31563
City of Virginia Beach, Virginia, Interim Financial Statements for the period
July 1, 1988, through May 31, 1989, were distributed to City Council and are
hereby made a part of the record.
- 57 -
Item V-L. 2.
NEW BUSINESS ITEM # 31564
ADD-ON
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council:
AUTHORIZED the City Manager to employ the services
of MERCER, SLAVIN & NEVINS, INC. as consultants in
the search for a City Attorney.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 58 -
Item V-L.3.
NEW BUSINESS ITEM # 31565
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Resolution Directing the Planning Commission to
investigate and make recommendations pertaining to
Bus Terminals, Parking for Bus Terminals and other
similar and related use.
Voting: 11-0i@
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Vote
A RESOLUTION DIRECTING THE PLANNING COMMISSION TO
INVESTIGATE AND MAKE RECOIMMENDATIONS PERTAINING TO
BUS TERMINALS, PARKING FOR BUS TERMINALS AND OTHER
SIMILAR AND RELATED USES.
WHEREAS, current regulations in the zoning ordinance
regarding bus terminals, parking for bus terminals and otlier
similar and related uses are of some concern to the City Council;
and,
WHEREAS, there may be a better way to regulate these uses to
better protect community interests while still affording reasonable
riglits to private property owners,
NOW, TIIEREFORE, BE IT RESOLVED BY TITE COUNCIL OF THE CTTY OF
VIRGINIA BEACII, VTRGINTA:
That the Planning Commissi.on is hereby requested to review
the applicable regulations in the zoning ordinance, recommend any
changes to tliem as al)pyopriale, and rel)ort their findings wit[lin 45
days.
ADOPTED by the Council of the City of Virginia Beach on the
Tenth day of July, Nineteen Hundred Eighty-Nine.
- 59 -
Item V-L.4.
NEW BIJSINESS ITEM # 31566
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to transfer funds in the amount of
$1,700,000 to Project #3-989 Refuse Collection and
Garbage Facility and to authorize the City Manager
to enter into an agreement for the acquisition of
the property.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Menibers Voting Nay:
Reba S. McClanani@
Council Members Absent:
None
*Verbal Nay
I AN ORDINANCE TO TRANSFER FUNDS IN THE
2 AMOUNT OF $1,700,000 TO PROJECT #3-989 REFUSE
3 COLLECTION AND GARAGE FACILITY AND TO AUTHORIZE
4 THE CITY MANAGER TO ENTER INTO AN AGREEMENT
5 FOR THE ACQUISITION OF THE PROPERTY
6 WHEREAS, it is in the city's interest to acquire property along Holland
7 Road for the future relocation of the Bendix Road Refuse Facility and provide for
8 additional recreational areas;
9 WHEREAS, the owner has agreed to sell to the city 17.62-acres of land
10 plus existing improvements for $1,675,000, along with $25,000 for appraisals,
11 title searches and fees resulting in a total cost to the city of $1,700,000;
12 WHEREAS, approximately 6.2-acres of the property will be used as a
13 recreational facility and provide access to the scenic waterway;
14 WHEREAS, the $1,700,000 may be funded by a transfer of $1,390,000 from
15 project #2-036 Roadways Advanced Land Acquisition, $260,000 from Project #4-939
16 Neighborhood Park Development, and $50,000 from Project #4-948 Scenic Waterways
17 Improvement;
18 WHEREAS, with the exception of project #4-948 Scenic Waterways
19 Improvement, these transfers will be replaced with the proceeds from the sale of
20 the current Refuse Collection and Garage Facility located on Bendix Road.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BFACii, VIRGINIA:
23 That funds in the amount of $1,700,000 are hereby transferred in the
24 amount of $1,390,000 from project #2-036 Roadways Advanced Land Acquisition,
25 $260,000 from project #4-939 Neighborhood Park Development, and $50,000 from
26 project #4-948 Scenic Waterways Improvement to project #3-989 Refuse Collection
27 and Garage Facility for the purchase of property for a refuse collection and
28 garage facility with all of the transfers excepting the $50,000 from project
29 #4-948 to be replaced with the proceeds from the sale of the city's current
30 Refuse Collection and Garage facility located on Bendix Road.
31 BE IT FURTHER ORDAINED:
32 That the City Manager is hereby authorized to enter into an agreement
33 with the owner for purchase of the property.
34 This ordinance shall be effective from the date of its adoption.
35 Adopted by tbe Council of the City of Virginia Beach, Virginia on the
36 10th day of July 1989.
- 60 -
Item V-L.4.
NEW BUSINESS ITFIQ # 31567
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED:
Resolution authorizing and directing the City
Manager to Market the Bendix Road Property.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION AUTHORIZING AND
2 DIRECTING THE CITY MANAGER TO MARKET
3 CERTAIN CITY PROPERTY
4 WHEREAS, the City of Virginia Beach is the owner of
5 certain property located on Bendix Road, in the Borough of
6 Kempsville, which property consists of approximately 17.48 acres
7 of land and is located in the 0-2 Office District;
8 WHEREAS, the present use of the property is as a storage
9 yard and repair facility for City equipment;
10 WHEREAS, it is contemplated that the equipment currently
11 stored upon the property is, in the future, to be stored
12 elsewhere;
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
14 THE CITY OF VIRGINIA BEACH, VIRGINIA:
15 That the CitY Manager be, and hereby is, authorized and
16 directed to undertake all measures necessary or advisable for the
17 marketing of the aforesaid property, for sale or lease, and to
18 inform the City Council of any bona fide offers to purchase or
19 lease such property which may be made.
20 Adopted by the City Council of the City of Virginia
21 Beach, Virginia on the 10 day of July, 1989.
22 WMM/dhh
23 CA-89-3402
24 07/10/89
25 \ordin\noncode\bendixrd.res
- bl -
Item V-M. 1.
ADJOURNMENT ITEM # 31568
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:40 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
_Wth Hodges- Smith, CMC M yr- ObernJorf
City Clerk Mayor
City of Virginia Beach
Virginia