HomeMy WebLinkAboutJUNE 10, 1985 MINUTES
Cit@c),f -vil-wirai@
"WORLD'S LARGEST RESORT CITY"
crry CO&WCIL
MAYOR HAROLD IMSCHOBFR, At L-w
V,ICE-MA YOR REBA S. M@AN, @.. A- B-gh
JOHN A. DA UM. M-@- @h
NANCY A. CREECH, At L-w
ROBERT E. FEN77?ESS, V@ B-A B-gh
BARBARA M. RENLEY. P.V. @k
H JACK @INGS, JR., L@ D-Wh
LOUIS R. JONES. By@ @A
ROBFRTG. JOAES, At @.
J. RENRYM@COY, JR., K-@ B-gh
MEYFRA E. OBERARDORF A I Lm, 181 Cny HALL BUILDIM
MUNICIPAL C@
RU7W HODGES SMrrM. CMC. Oly Cl-k CITY COUNCIL AGENDA VIRGRNIA BEACH VIRGRIVIA @OM
427@
June 10, 1985
Virginia Beach City Council
BRIEFING - Conference Room - 12:00 PM
A. Amendment to Section 4.5 of the Subdivision Ordinance
pertaining to OPEN SPACE and PUBLIC SITKS
B. Sajo Land Use Plan
C. Master Street Righway Plan Amendment
Robert J. Scott, Director of Planning
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Confo-rence Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSIOR OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend William E. Austin
Virginia Beach Christian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of June 3, 1985.
G. PLANNING
1. Application of Runnymead Corporation for an extension to
to s::divi7t:n ement condition of street closure
S,r , (V i n : c
p
.7mLe .!:Iuie h Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to grant this extension.
2. Application of A. M. Randolph for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide an existing 56,029.49-
square foot (1.286 acres) parcel into two lots (Lynnhaven
Borough.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of W. R. Runnels for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide an approximately three-
acre parcel into 19 lots (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of Richard T. Nelson for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide an 89,572-square foot
(2.056-acre) parcel into two lots (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
5. Application of Atlantic Resort Associates for a conditional
use permit for a bicycle rental on a 30,000-square foot
parcel located at the northeast corner of Atlantic Avenue
and Ilth Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of 14ike Bell (Mike Bell Building Corporation,
Inc.), for a conditional use permit for a day care center on
a one-acre parcel located on the west side of Salem Road,
South of Salem Woods Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Colonial Baptist Church for a change of
zoning from R-8 Residential District to B-1 Business!
Residential District on a 3.5-acre parcel located on the
west side of Centerville Turnpike, south of Lynnhaven
Parkway (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
8. Application of Jerry Sykes for a change of zoni@ from R-8
Residential District to B-2 Community-Business District on a
22,965-square foot parcel located on the north side of
Alicia Drive, west of Baxter Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Jerry J. Collier for a change of zoning from
I-2 Heavy Industrial District to B-2 Community-Business
District on a 1.831-acre parcel located on the south side of
Virgi i@a Beach Boulevard, 120 feet east of Raycox Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of the Council of United Filipino Organizations
of Tidewater, Inc., for a change of zoning from R-5
Residential District to 0-1 Office District on a 1.052-acre
parcel located southeast of Baxter Road, northeast of
Princess Anne Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Application of Garland E. Bennett, Jr., and Carlton F.
Bennett for a change of zoning from A-1 Apartment District
to 0-1 Office District on a 21,809-square foot parcel
loc@ted at the southeast corner of Bonney Road and South
Kentucky Avenue (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of Ben Y. Ward, Esther B. Ward, William R. Ward
and Victoria L. Ward for a change of zoning from R-8
Residential District to B-2 Community-Business District on a
4.43-acre parcel located on the west side of Centerville
Turnpike, south of Kempsville Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
13. Application of Inlynnview Company, a Virginia Corporation,
for a change of zoning from R-8 Residential District to A-2
Apartment District on a 30-acre parcel located on S u@th
Lynnhaven Road, between the north intersection with
Lynnhaven Parkway and Silina Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
14. Ordinance to amend and reordain Section 4.5 of the
Subdivision Ordinance pertaining to Public Sites and Open
Spaces.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
15. Ordinance to amend the Haster Street and Highway Plan dated
December 16, 1974. This matter was deferred May 20, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
H. PESOLUTIONS
1. Resolution to Virginia Commission of Highways and
Transportation for Virginia Route 58 By-Pass.
2. Resolution approving the issuance of Multifamily Rental
Housing Bonds for Columbus Station Associates, Ltd.
3. Resolution to authorize the City Manager to prepare the
necessary contracts for Group Health Care Coverage for
Municipal Employees.
I. ORDINANCES
1. Ordinance authorizing the City Manager to execute an
agreement with CMR Builders, Inc., subsidizing a project
located in the Seatack Target Area for low to moderate
income individuals with Community Development Block Grant
Funds.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Ordinance authorizing the City Manager to execute an
agreement for purchase and grant of easement over and
across City Property for the establishment, maintenance,
operation and use of a Safety Area and Restricted Use
Zone.
2. Ordinance upon First Reading to accept funds of $30,000
from the Hampton Roads Water Quality Agency and
appropriate these funds to Project #2-996 Back Bay
Watershed Plan.
3. Ordinance upon First Reading to appropriate additional
funds to the Police Department Operating Budget for
increased police patrol within the Carper Housing area
and to authorize the City Manager to enter into an
agreement with the United States Department of the Navy.
4. Low bid of Litton Office Products Center in the amount of
$126,679.98 for the Human Resources Building -
Furnishings (CIP 3-938).
5. Raffle Permit:
Princess Anne Women's Club
6. Ordinance authorizing license refunds in the amount of
$5,056.40 upon application of certain persons and upon
certification of the Commissioner of the Revenue.
K. APPOINTMENTS
1. Social Services Board
2. STAKA (Private Industry Council)
3. Southeastern Virginia Planning District Commission
4. Tidewater Regional Group Home Commission
L. UNFINISHED BUSINESS
1. Local Government Study Commission
M. NEW BUSINESS
1. Request of Warnie E. and Nita F. Conley for
reconsideration of use permit conditions.
N. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
June 10, 1985
12: 00 p. m.
The BRIEFINGS concerning OPEN SPACE AND PUBLIC SITES, THE SAJO LAND USE PLAN,
AND THE MASTER STREET AND HIGilWAY PLAN AMENDMENT were called to order by Mayor
Harold Heischober in the Conference Room, City Hall Building, on Monday, June
10, 1985, at 12:00 in the afternoon.
@tem A. V4ENDMENT TO SECTION 4.5 OF THE SUBDIVISION ORDINANCE PERTAINING TO
OPEN SPACE AND PUBLIC SITES
Mayor Heischober introduced Thomas H. Muehlenbeck, City Manager, who in turn
introduced Robert J. Scott, Director of Planning. Robert Scott distributed
copies of City Code Section 4.5 and discussed the proposed amendment as
related to the current ordinance.
The current code section provided:
1. Reservation of a percentage of site, based on the
lot sizes involved, for future purchase within five
years by the City to provide for open space and
recreational needs.
2. Dedication, to the City, of recreational area no less
than 'half the area required for reservation.
3. Dedication, to the City, of less than 'half the area
required for reservation provided the developer installs
recreation improvements that provide a total recreational
facility that is equivalent in value to the required
reservation.
4. Any other arrangement mutually agreed to by the City
and the developer that provides a recreational facility
that is equivalent in value to the required reservation.
The Propo6ed Amendment was reviewed by the Planning Commission and further re-
vised by the Staff as per the following recommendations:
1. Cash donations which the developers may contribute to the City
should be used to acquire park sites, as well as recreation
facilities.
2. In order to prevent development of future pocket size parks
which could burden the Parks Division staff and budget and
result in future development and maintenance problems, the
acreage which the Planning Director may waive should remain
at two acres. This is consistent with department policy of
not accepting land for recreational purposes of less than one
acre.
June 10, 1985
- 2 -
B R I E F I N C
(Continued)
Item B. SAJO LAND USE PLAN
Robert J. Scott, Director of Planning, discussed the SAJO FARM CRANGE OF ZONING
APPLICATION OF R. G. MOORE:
1. The Original Proposal
II. The Original Approved Plan
III Changes to Council's Approved Plan
IV. Adjustment ot Recreation Requirements
V. The Current Plan
In summary, the current plan for the east side of Diamond
Springs Road has never been changed from that approved by
the City Council in November, 1983, except for the current
absence of the Sajo Manor property and the future need to
provide additional recreation on that side of the road. On
the west side of Diamond Springs Road, the land use plan now
calls for 219 townhouses and 276 medium density single family
homes for a total of 495 units, and the amount of open space
has been increased from 2.54 acres to approxiately 5.45 acres.
A copy of the land use plan in detail for the west side of
Diamond Springs Road is included with the memo and is the
same plan that was presented to the City Couiicil on May
20, 1984.
Item C. MASTER STREET AND HIGHWAY PLAN AMENDMENT
Due to time constraints for the EXECUTIVE SESSION, the Proposed Amendments
to the Master Street and Highway Plan were presented in the REGULAR SESSION
prior to the deliberation of an Ordinance to amend the Master Street and
Highway Plan.
June 10, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 10, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, an Monday, June 10, 1985, at 1:00 in the afternoon.
Council Members Present;
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and
J. Henry McCoy, Jr., D.D.S.
Councilman Jennings entered the EXECUTIVE SESSION at 1:10 p.m.
Councilman McCoy entered the EXECUTIVE SESSION at 1:08 p.m.
June 10, 1985
- 2 -
iTEM # 23716
Mayor Heisciiober entertained a motion to permil Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants, or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Nancy A. Creech, H. Jack Jenning8. Jr., and
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 10, 1985
2:10 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia Beach
City Council in the Councii Chambers, City Hall Bulding, on Monday, June 10,
1985, at 2:10 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice @layor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
INVOCATION: Reverend William E. Austin
Virginia Beach Christian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Councilman Louis Jones had to leave to atteiid a Funerlal, will rejoiti the
Council Meetirig.
June 10, 1985
- 4 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
WARNIE E. AND NITA F.
CONLEY WAIVER ITEM # 23717
Mayor Heisciiober referenced the Request of WARNIE E. AND NITA F. CONLEY for a
WAIVER of Use Permit Conditions (See Item II-M.1 under NEW BUSINESS).
This item has been moved forward on the AGENDA to the very first item under
the PLANNING AGENDA.
June 10, 1985
5
Item II-F.1
MINUTES ITE@F # 23718
Upon motion by Councilwomaii Creech, seconded by Councilman Fentress, City
Council APPROVED tbe MINUTES of June 3, 1985.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Robert G. Jones, Vice Mayor Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Louis R. Jones
Council Members Abstaining:
Meyera E. Oberndorf
June 10, 1985
6
Item II-F.2
PRESENTkfION
ADD-ON ITEM # 23719
George Hardin, Chairman of the NUYOR'S COMMITTEE ON HANDICAPPED, presented
a RESOLUTION IN RECOGNITION to the Mayor and the Virgiaia Beach City
Council for their role in furthering accessibility to the Beach on Atlantic
Avenue for disabled persons of citizens aiid tourists by installing a RAMP
for the HANDICAPPED.
Kim Beach and Linda Scotece, Members of the MAYOR'S COMKLTTEE ON HANDICAPPED,
were also in attendance to present this RESOLUTION to the Mayor aLd the Virginia
Beach City Council.
June 10, 1985
6a
R E 5 0 L U T I 0 N
WHEREAS, the Virginia Beach hayor's Comittee on H"icapped became aware of the
rkeed for wheelchair access to the beach ww ocean; WW
WHEREAS, this project was essential to e the resort City and @e it awail-
'@le to the wheelchair user, other di@led per@, and the elderly--both citizen and
tourist; and
WHEREAS, this project was brought to the attention of the City Cw"ii by the
Mayor's Comittee on handicapped; and
WHEftEAS, the City Courkcil approwed the construction of this project "w instructed
the Public Works Department to construct the wheelchair access r @ ; and
WHEREAS, this project is now complete aM available for use at 17th Street and
oceanfront.
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach Mayor's Comittee on Handi-
capped recognizes the Virginia Beach City Council for its dedication to the construction
and completion of this project, making Virginia Beach orke of the few mmicipalities in
the Llnited States offering recreational access for the di@led to the beach and Gcean.
Given under our hands this fourteenth day of May, nineteen hundred and eighty-fiue.
eorge Haoen, Chbimm
Mayor's C@ittee on Handic@d
Rev. Thomas H. Britton .3oel Abraham Katherine Xefteris
Rodney Green Evelyn Tuttle Jerry O'bryan
Sharon Gros @ n Jean Douglas Nancy Montgomery
Linds Scotece Beth Ewing gay fudela
Robert Shesler Stephen Jo@ Dr. Jay Lazier
Rev. John Stallings, Jr. Jeffrey Beaton Marilyn Mort@
Leroy Fowler Penny Denissen Ulli Munroe
Jacqueline Joe
June 10, 1985
- 7 -
Item II-P.3
ANNOUNCEMENT
ADD-ON ITEM # 23720
Councilwoman Meyera Oberndorf introduced Boy Scout Steven Crawford, of
Kempsville and Carolanne Farms.
Steven is working on his CITIZENSHIP BADGE. He is a Member of Troop 499,
CARROW BAPTIST CRURCH.
June 10, 1985
8
Item II-G.1
PLANNING ITEM # 23721
Carston Heinlein, Vice President and General Manager of The Runnymede
Corporation, represented the applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council GRANTED AN EXTENSION OF TIME for compliance of the condition until
August 17, 1985, in the application of RUNNYMEAD CORPORATION for the
closure of a portion of Lee Street (Old Virginia Beach Road and Old
Country Road) (Virginia Beach Borough).
Application of The Runnymede Corporation for the dis-
continuance, closure and abandonment of Lee Street
(Old Virginia Beach Road and Old Country Road) on
certain property located on the north side of 21st
Street beginning at a point 120 feet more or less
west of Cypress Avenue, running a distance of 31.53
feet along the north side of 21st Street, running a
distance of 206.03 feet in a northwesterly direction,
running a distance of 210 feet more or less in a
southwesterly direction, runaing a distance of 50
feet more or less in a northwesterly direction, running
a distance of 340 feet more or less in a northeasterly
direction, running a distance of 67 feet in an easterly
direction, running a distance of 193 feet in a south-
westerly direction and running a distance of 237 feet in
a southeasterly direction. Said parcel contains 22,855.9
square feet. VIRGINIA BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
June 10, 1985
9
Item II-C.2
PLANNING ITEM # 23722
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council APPROVED the application of A. M. RANDOLPH for a Variance to Section
4.4(b) of the Subdivision Ordinance
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivison
Ordinance, Subdivision for A. M. Randolph. Parcel
located at 609 Bay Colony Road, Plats with more
detailed information are available in the Department
'- Planning. LYNNHAVEN BOROUGH.
o,
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Louis R. Jones
June 10,1985
- 10 -
Item 11-G.3
PLANNING ITF14 # 23723
W. P. Burkheimer, Jr., of Engineering Services, Inc., represented the
applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED the application of W. R. RTJNNELS for a Variance to Section
4.4(b) ot the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for W. R. Runnells. Parcel lo-
cated on the east side of Salem Road, 55 feet south
of Zodiac Lane. Plats with more detailed infor-
mation are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
June '0,1985
Item II-G.4
PLANNING ITEM 23724
The Mayor referenced the letter from the applicant requesting WITHDRAWAL.
OPPOSITION:
Attorney Robert Cromwell, represented the adjacent property owners and was in
OPPOSITION to the WITHDRAWAL.
The following REGISTERED in OPPOSITION but did not speak:
James Ramborger, Vice President of the Great Neck Association of Civic Leagues
Dr. Abbott L. Granoff, President of the Linkhorn Civic League.
The City Clerk referenced letters in OPPOSITION to the application, as well as
a petition in opposition (said letters and the petition are hereby made a part
of the record).
Upon motion by Councilman Jennings, seconded by Concilman Fentress, City
Council DENIED the application of RICHARD T. NELSON for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subidivision
Ordinance, Subdivision for Richard T. Nelson. Par-
cel located at the western extremity of Bluecher
Court. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Robert G. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
June 10,1985
- 12 -
Item II-G.5.
PLANNING ITEM # 23725
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council DEFERRED for two weeks until the City Council Meeting of June
24, 1985, an Ordinance upon application of ATLANTIC RESORT ASSOCIATES.
This application was DEFERRED as neither the applicant nor their re-
presentatives were in attendance.
ORDlNANCE UPON APPLICATION OF ATLANTIC RESORT
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR
A BICYCLE RENTAL
Ordinance upon application of Atlant4lc Resort
Associates for a Conditional Use Permit for a
bicycle rental on certain property located at
the northeast corner of Atlantic Avenue and Ilth
Street. Said parcel is located at 1101 Atlantic
Avenue and contains 30,000 square feet. Plats with
more detailed information are available in the De-
partment of Planning. VIRGINIA BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye;
John A Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Robert C. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
June 10, 1985
- 13 -
Item II-G.6
PLANNING ITEM # 23726
The City Clerk advised of telephone call from Mrs. Mike Bell requsting WITHDRAWAL
of the application of their Conditional Use Permit.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of MIKE BELL (MIKE BELL BUILDING
CORPORATION, INC.) for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MIKE BELL (MIKE BELL
BUILDING CORPORATION, INC. FOR A CONDITIONAL USE
PERMIT FOR A DAY CARE GENTER
Ordinance upon application of Mike Bell (Mike Bell
Building Corp., inc.) for a Conditional Use Permit
for a day care center on certain property located
on the west side of Salem Road, 500 feet south of
Salem Woods Road. Said parcel contains I acre more
or less. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress,* Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Louis R. Jones
Verbal Aye
June lo,, 1985
- 14 -
Item 11-G.7
PLANNING ITEM # 23727
TJpon motion by Cuncilman McCy, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITliDRAWAL of an Ordinance upon application of COLONIAL
BAPTIST CHURCH for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF COLONIAL BAPTIST CHURCH
FOR A CHANGE OF ZONING FROM R-8 TO B-1
Ordinance upon application of Colonial Baptist Church
for a Change of Zoning District Classification from
R-8 Residential District to B-1 Business Residential
District on certain property located on the west side
of Centerville Turnpike, 950 feet more or less south
of Lynnhaven Parkway. Said parcel is located at 2221
Centerville Turnpike and contains 3.5 acres. KEMPSVILLE
BOROUGH.
Votiiig: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Louis R. Jones
June 10, 1985
- 15 -
Item II-G.8
PLANNING ITEM # 23728
Jerry Sykes, the applicant, represented himself
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of JERRY SYKES for a Change
of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JERRY SYKES FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-8 to B-2
Z0685981
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Jerry Sykes for a Change
of Zoning District Classification from R-8 Residential
District to B-2 Community-Business District on certain
property located on the north side of Alicia Drive,
176.02 feet west of Baxter Road. Said parcel is located
at 4732 Alicia Drive and contains 22,965 square feet more
or less. Plats with more detailed information are avail-
able i@i the Department of Planning. KEIIPSVILLE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be met:
1. A 10-foot dedication of right-of-way along the frontage
on Alicia Drive, 25 feet from the centerline of the Old
30-foot right-of-way to provide for a 50-foot standard
right-of-way.
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 June, Nineteen Hundred and E
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Louis R. Jones
June 10,1985
- 16 -
Item II-G.9
PLANNING ITEM # 23729
Attorney Michael Inman represented the applicant
Upon motion 'Dy Councilman Jennings, seconded by Councilman Fentress, CitY
Council ADOPTED an Ordinance upon application of JERRY J. COLLIER for a
Change of Zoning as per the following:
ORDINANCE UPON APPLICiiTION OF JERRY J. COLLLER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-2
TO B-2 Z0685982
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Jerry J. Collier for a
Change of Zoning District Classification from I-@@
Heavy Industrial District to B-2 Community-Business
District on certain property located on the south
side of Virginia Beach Boulevard, 120 feet more or
less east of Haycox Road. Said parcel contains 1.831.
Plats with more detailed information are available in
the Department of Planning. LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be met:
1. A reservation of right-of-way including a temporary con-
struction easement and permanent drai@iage easements as
shown on the Virginia Beach Boulevard Plans on file with
the City Engineer's Office and in accordance with the Mas-
ter Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of June, Nineteen Hundred and Eighty-five.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
June 10, 1985
None
Council Members Absent:
- 17 -
Item II-C.10
PLANNING ITEM # 23730
A motion was made by Councilman McCoy, seconded by Councilwoman Oberndorf
to DEFER for two weeks an Ordinance upon application of the COUNCIL OF UNITED
FILIPINO ORGANIZATIONS OF' TIDEVJATER, INC., for a Change of Zoning. Said
Motion was WITHDRAWN.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of the COUNCIL OF UNITED
FILIPINO ORGANIZATIONS OF TIDEWATER, INC., for a Chalige of Zoning as
per the following:
ORDINANCE UPON APPLICATION OF THE COUNCIL OF UNITED
FILIPINO ORGANIZATIONS OF TIDEWATER, INC., FOR A CIIANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1
Z0685983
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of United Filipino Organizations
of Tidewater, Inc., for a Change of Zoning District Classi-
fication from R-5 Residential District to 0-1 O@fice Dis-
trict on certain property located 194.35 feet southeast
of Baxter Road, 1120.20 feet northeast of Princess Anne
Road. Said parcel contains 1.052 acres. Plats with more
detailed information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of June, Nineteen Hundred and Eighty-five.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, R. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abserit:
Nancy A. Creech and Louis R. Jones June 10,1985
Item II-G.11
PLANNING ITEM 23731
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of GARLAND E. BENNETT, JR., AND CARLTON
F. BENNETT for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF GARLAND E. BENNETT, JR.
AND CARLTON F. BENNETT FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO 0-1 Z0685984
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VLRGINIA:
Ordinance upon application of Garland E. Bennett, Jr.,
and Carlton F. Bennett for a Change of Zoning District
Classification from A-1 Apartment District to 0-1 Office
Dstrict on certain property located at the southeast
corner of Bonney Road and S. Kentucky Avenue on Lots
1, 2, 3, 4, 5, 6, 7 and the northern 5-feet of Lot 8,
Block 1, Midway. Said parcel contains 21,809 square
feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. There shall be no curb cuts on Bonney Road.
2. A 15-to 20-foot buffer shall be provided along the
southern boundary adjacent to the property zoned A-1
Apartment District.
The Applicant voluntarily agreed that all traffic entering and exiting this site
will be on Kentucky Avenue.
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 June, Nineteen Hundred and Eighty-five.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Robert C. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jennings, Jr., and
Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
June 10, 1985
- 19 -
Item II-G.12
PLANNING ITEM # 23732
Craig Stevenson represented the applicant
Upon motion by Councilaian McCoy, seconded by Councilwoman Oberndort, City
Council DENIED an Ordinaiice upon applicalion of BEN Y. WARD, ESTHER B. WARD,
WILLIAM R. WARD and VICTORIA L. WARD for a Change of Zoning as per Lhe
following:
ORDINANCE UPON APPLICATION OF BEN Y. WARD, ESTHER
B. WARD, WLLLIAM R. WARD An VICTORIA L. WARD FOR
A CHANGE OF ZONING DISTRICI CLASSIFICATION FROM R-8
TO B-2
Ordinance upon application of Ben Y. Ward, Esther B.
Ward, Wlliam R. Ward and Victoria L. Ward for a Change
of Zoning District Classification from R-8 Res d@ential
Distict to B-2 Community-Business District ou certain
property located on the west side of Centerville Turn-
pike, 1650 feet more or less south of Kempsville Road.
Said parcel is located at 2013 Centerville Turnpike and
contains 4.43 acres. Plats with more detailed infor-
mation are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberudorf
Council Members Voting Nay:
None
Council Member5 Absent:
Louis R. Jones
June 10, 1985
- 20 -
Item II-G.13
PLANNING ITEM # 23733
Attorney Grover Wright iepresented the applicant
The City Attorney referenced the AGREEMENT from the applicant was in proper
presentation order.
Tbe City Clerk referenced letters in opposition to the application (said letters are
hereby made a part of the record), and read the following names, as not speaking but
registered in OPPOSITION:
Cecil Whittington
Mr. and Mrs. C. J. Schweers
Mrs. Fockler
Mrs. Wallace H. Brown
Johii Ross
Fred and Molly Smith
Mr. and Mrs. Leland Nanny
Mr. and Mrs. A. B. Brown
Fred Smith
Nina i)arling-Bennett
Ebonne S. Pruden
Mrs. Kuhn
Mrs. Jean William.$
Murray Williams
Teresa Northrup
Mrs. Frank Mehrtens
The following spoke in OPPOSITION to said application:
Steve S. Dudley, Yepresented the Princess Anne Plaza Civic League
Robin Reese, represented the Princess Anne Plaza Civic League and presented
petitions containing over 1,000 signatures in opposition (said petitions are
hereby made a part of the record)
Robert Turbyfill, resident of Cobblestone Drive, registered in OPPOSITION, but
did not speak
Randi Snlith, resident of Highlands Boulevard
Jo Ryan, President of Princess Anne Plaza League, registered in opposition, but did
not speak
LCDR Petrie, represented the Naval Air Station Oceana, and referenced
said application was in the AICUZ Zone .
Lee Williams, President of the Doyleway Community Civic League, presented a
petition containing 104 signatures in opposition (said petition is hereby made
a part of the record).
G. W. Kleinsasser, resident of Bow Creek Boulevard, registered in opposition, but
did not speak
V. A. Etheridge distributed to City Council a TIDEWATER APARTMENT COUNCIL
VACANCY SURVEY (Said Survey is hereby made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council
DEF M ED until the City Council meeting of July 1, 1985, an Ordinance upon appli-
cation of INLYNNVIEW COMPANY, a Virginia Corporation for a Change of Zoning per
the following:
ORDINANCE UPON APPLICATION OF INLYNNVIEW COMPANY, A
VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO A-2
Ordinance upon application of Inlynnview Company, a Vir-
ginia Coroporation, for a Change of Zoning District Classi-
ficaton from R-8 Residential District to A-2 Apartment Dis-
trict on certain property located on the east side of South
Lynnhaven Road, 420 feet north of St. Alans Conmons. Said
parcel contains 30 acres. Plats with more detailed infor-
mation are available in the Department of Planning, LYNNHAVEN
BOROUGH.
June 10, 1985
- 21 -
Item II-G.13
PLANNING ITEM # 23733 (Continued)
This DEFERRAL is to enable City Staff to provide a current traffic count of
South Lynnhaven Road, the impact on Sil,na Drive, and the ultimate impact on
South Lynnhaven Road, as well as the amount of land in said application that is
in the FLOODPLAIN.
Voting: 10-0
Council Members Voting Aye:
John A Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, J., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Barbara M. Henley
June 10, 1985
- 22 -
Item II-G.14
PLA14NING ITEM # 23734
City Council fequested the following AMEiiDMENTS to the Ordinance to AMEND AND RE-
ORDAIN Section 4.5 of the Subdivison Ordinance pertaining to PUBLIC SITES AND
OPEN SPACES:
Page One, Section (a), the third paragraph beginning with "However" shail be
gramatically reworded to apply to all options of this Subdivision Ordinance, both
reservation a@id dedication, sections (a) and (b) (1), (2), (3), and (4), and
on line two of the above mentioned paragraph, 2 acres shall be substituted
for 1/4 acre as per the following:
....... recreational purposes would be less than one-fetirtit-kli4@
aere two (2) acres , and would serve no usefui public purpose,
the Director of Planning niay waive the open space requirements."
Page Two, Section (b) (3), line one shall be reworded as per the following:
"...to the requirement of Section 4.5ka) providea that it is
determined by the Planning Director and the Parks and Recreation
Director that this cash donation can be used to acquire park sites
or recreation facilities which will benefit the residents of the
Vice Mayor McClanan referenced she did not wish to encourage the idea of money and
equipment. As areas of high density are developed, there are some areas that
need just open pieces of land.
A MOTION wa@ made by Councilman Jennings, seconded by Councilman McCoy, to
ADOPT an Ordiance, as further AMENDED, to AMEND AND REORDAIN Sections 4.5 of the
Subdivison Ordinance pertaining to PUBLIC SITES AND OPEN SPACES. This MOTION
was WIT14DRAWN.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
DEFERRED until the City Council Meeting of July 1, 1985, an Ordinance to AMEND
AND REORDAIN Section 4.5 of the Subdivison Ordinance pertaining to PUBLIC SITES
and OPEN SPACES. This DEFERRAL is to enable staff to redraft the aforementioned
Ordinance
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecn, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
dones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
June 10, 1985
Council Members Absent:
- 23 -
Item II-G.15
PLANNING ITEM # 23735
Rae H. LeSesne, representing the Council of Civic Organizat"ons, spoke in
oppositioii to the MAS'RER STREET AND HIGHWAY PLAN.
Upoii Motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following AMENDMENTS of the Ordinance to AMEND the MASTER STEET
AND HIGHWAY PLAN dated December 16, 1974, as per the following:
(1) Realign the eastern portion of Shipps Corner
Road to follow the existing alignment.
(3) Realign Ferrell Parkway between Windsor Oaks
Boulevard and Independence Boulevard Extended
in accordance with the approved design of the
Ferrell Parkway Phase I-B Project.
(5) Realign the intersection of Princess Anne Road
and General Booth Boulevard in the area of Nimmo
Church in accordance with the approved con5truction
plans for the General Booth Boulevard Phase I Project.
AND, DEFERRED until the City Council Meeting of June 24, 1985, the following
AMENDMENTS:
(2) Realign the intersection of Indian River Road and
Elbow Road.
(4) Realign the intersection of Ferrell Parkway and
Princess Anne Road in the area north of the Muni-
cipal Center.
Vice Mayor McClanan voiced verbal opposition to cul-du-sacs on General Booth
Boulevard.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heriley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None June 10, 1985
23a -
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974,
is hereby amended as follows:
1. Realiqn the eastern portion of Shipps Corner Road
to foilow the existing alignment as shown on maps
on file in the DepartTnent of Planning.
2. Realiqn Ferrell Parkway between Windsor Oaks Boulevard
and Independence Boulevard Extended in accordance with
the approved design of the Ferrell Parkway Phase I-B
project.
3. Realiqn the intersection of Princess Anne Road and
General Booth Boulevard in the area of Nimmo Church
in accordance with the approved construction plans
for the General Booth Boulevard Phase I project.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 10 day of June 1985.
JAR/re
6/12/85
(JAR MISC.1)
June 10, 1985
- 24 -
Item 11-H.1
RESOLUTIONS ITEM # 23736
Upon motion by Councilwoinan Oberndorf, seconded by Councilman Louis R. Jones,
City Council ADOPTED a Resolution to the VIRGINIA COMMISSION OF HIGHWAYS AND
TRANSPORTATION for VIRGINIA ROUTE 58 BI-PASS.
This Resolution shall be forwarded to the VIRGINIA BEACH LEGISLATORS in the
General Assembly and the Virginia Highways and Transportation Commissioners for
their consideration iu adopting the Six-Year Plan for the Commonwealth of Vir-
ginia.
These funds available to accommodate the Southeastern Quadralit of the Route 58
By-Pass would be available from the Primary Funds and would not affect the
funds available to the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 10, 1985
- 24a -
R E S 0 L U T I 0 N
TO
VIRGINIA COMMISSION OF HIGHWAYS AND TRANSPORTATION
VA ROUTE 58 BY-PASS
WHEREAS: Most Southside Hampton Roads vehicular and rail traffic
must move through Suffolk, carrying commercial, agricultural and
industrial products from place of manufacture to point of shipping or
use;
WHEREAS: As early as 1965 the development of the Route 58 By-Pass
around the urban core area of Suffolk was recognized by the Hampton
Roads Region as a critical link to insure the smooth and efficient flow
of such traffic;
WHEREAS: The 1980 Southeastern Virginia Regional Transportation
Study, prepared by Wilbur Smith and Associates in 1965, recommended the
development of the four quadrants of the Route 58 Suffolk By-Pass;
WHEREAS: The Northeastern and Northwestern quadrants were
constructed, and significantly contributed to the improvement of East-
West traffic throughout the Region;
WHEREAS: The balance of the By-Pass, specifically the
Southeastern and Southwestern legs have yet to be constructed, and
North-South traffic flows remain congested, adversely impacting
critically important transportation flows throughout the Hampton Roads
Region;
WHEP,EAS: The completion of the Route 58 Suffolk By-Pass has been
on the Year 2000 Plan for approximately three years, with construction
scheduled for that period of time that the Year 2000 traffic volumes
are reached;
WHEREAS: Preliminary updated traffic counts indichte that these
volumes in several areas have been nearly reached;
WHEREAS: The Virginia Department of Highways has made a
considerable commitment to this project in terms of right-of-way
acquisition; and
WHEREAS: The Hampton Roads Area Chamber of Commerce has
determined that the development of the Southeastern quadrant of the
Route 58 By-Pass is the highest priority of identified regional
transportation improvement needs.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach: That the Virginia Commission of Highways and
Transportation is hereby urged to place the Southeastern Quadrant of
the Route 58 By-Pass on the State's Six-Year Transportation Improvement
Program;
BE IT FURTHER RESOLVED that this City Council directs this
Resolution be forwarded to the Virginia Beach Legislators in the
General Assembly and the Virginia Highways and Transportation
Commissioners for their consideration in adopting the Six-Year Plan for
the Commonwealth of Virginia with a copy spread upon the Minutes of
this Regular Session of Virginia Beach City Council this Tenth day of
June Nineteen Hundred and Eighty-Five.
Given Under My Hand and Seal,
Mayor
- 25 -
Item II-H.2
RESOLUTIONS 1TEM # 23737
Attorney Ctiaries Salle' advised City Council that financing concerned with
tlie issuance of MULTIFAMILY RENTAL HOUSING BONDS for COLUMBUS STATION ASSOCIATES,
LTD., was for an apartment project on a 35-acre parcel of land. This particular
property was rezoned in 1981. At the time of the rezoning, the project was
presented to the City Council as a retirement coununity, but said rezoning was
not conditioned on same being built as a retirement community; therefore, it
is now zoned B-4.
The following Permits were approved in conjunction with this project:
July 21, 1981 WETLANDS PERMIT
September 10, 1981 OPEN BURNING PERMIT
September 16, 1981 EROSION AND SEDIMENTATION
PROTECTION PERMIT
428 Units in this area have already been constructed. The project in con-
junction with the issuance of the MULTIFAMLLY RENTAL HOUSING BONDS for
COLUMBUS STATION ASSOCIATES, LTD. is 108 units. City Council previously
approved financing by the HAMPTON REDEVELOPMENT AND HOUSING AUTHRITY for
a phase of this same apartment project.
Upon motion Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the ISSUANCE of MULTLFAMILY HOUSING
BONDS for COLUMBUS SIATION ASSOCIATES, LTD.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan,
and Meyera E. Oberndorf
Coucil Members Absent:
None
June 10, 1985
- 25a -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY RENTAL HOUSING REVENUE BOND
1. PROJECT NAME: Columbus Station Apartments - Phase III
2. LOCATION: Northeasterly side of Constitution Drive
opposite the intersection of Carapace Lane and
Constitution Drive, Virginia Beach, Virginia
3. BESCRIPTION OF PROJECT: 108 Unit Multifamily Rental
Housing Project
4. AMOUNT OF BOND ISSUE: $2,700,000
5. PRINCIPALS: Gemini Builders, Inc., George Dragas, Jr.
and Marcus G. Dragas
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: B-4
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is to approve Virginia
Bea@h Ddvel6pment Authority's issuance of its Special Revenue
Bonds for the Benefit of Columbus Station Associates, Ltd.
June 10, 1985
- 25b -
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL RV-VENUE BOND FINANCING
DATE: April 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Columbus Station Apartments - Phase III
TYPE OF FACILITY: 108 Unit Multifamily Rental Housing
Project
1. Maximum amount of financing sought $2,700,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $2,700,000
3. Estimated real property tax per
year using present tax rates $ 28,000
4. Estimated personal property tax
per year using present tax rates $ 5,000
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $- N/A
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 103,000
7. Estimated number of regular
employees on year round basis 3 (includ-
ing phases
I and II)
8. Average annual salary per employee $ 25,000
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
B y @
June 10, 1985
Ch ,ch
P,
c>,i 'FA/RROWHEAD
PIT
3
4
L@40D It
7
3
Et
0
13
PROJECT NAME: Columbus Station Apartments Phase III
PROJECT ADDRESS: Northeasterly side of Constitution Drive opposite the
intersection of Carapace Lane and Constitution Drive
Virginia Beach, Virginia
TYPE OF PROJECT: 108 Unit Multifamily Rental Housing Project
June 10, 1985
- 25d
RESOLUTION APPROVING THE ISSUANCE OF
MULTIFAMILY RENTAL HOUSING BONDS FOR
COLUMBUS STATION ASSOCIATES, LTD.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Colum-
bus Station Associates, Ltd., a Virginia partnership (the
Company) whose address is 4538 Bonney Road, Virginia Beach,
Virginia 23462, for the issuance of the Authority's
multifamily rental housing bonds in an amount not to exceed
$2,700,000 (the Bonds) to assist in financing of the Compa-
ny's acquisition, construction, and equipping of a 108 unit
multifamily rental housing project (the Facility) on approxi-
mately 3.3 acres of land located on the northeasterly side of
Constitution Drive opposite the intersection of Carapace Lane
and Constitution Drive in the City of Virginia Beach, Virgin-
ia (the City), and to be owned, operated or managed by the
Company and has held a public hearinq thereon on May 14,
1985; and
WHEREAS, pursuant to Section 11.1 of Chapter 643 of the
Virginia Acts of Assembly of 1964, as amended, the Authority
has determined that (i) there is a significant shortage of
affordable sanitary and safe residential rental property in
the City for individuals and families of low and moderate
income and (ii) provision of financing of the Facility
meeting the requirements of Section 103(b)(4)(A) of the
Internal Revenue Code of 1954, as amended (the Internal
Revenue Code), by the Authority will be in the public inter-
est and will benefit the inhabitants of the City through the
promotion of their safety, health, welfare, convenience or
prosperity; and
WHEREAS, the Authority has requested the City Council
(the Council) of the City to approve the issuance of the
Bonds to comply with (i) Section 103(k) of the Internal
Revenue Code and (ii) Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended (the Virginia Code); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing, if any, and the fiscal impact state-
ment required by Section 15.1-1378.2 of the Virginia Code
have been filed with the Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Bonds by the Authority, for the benefit of the Compa-
ny, to the extent of and as required by Section 103(k) of the
Internal Revenue Code and Section 15.1-1378.1 of the Virginia
Code, to permit the Authority to assist in the financing of
the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643 of the 1964 Acts of the
General Assembly of Virginia, as amended, the Bonds shall
provide that neither the City nor the Authority shall be
June 10, 1985
- 25 e -
obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the
taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
4. In approving this Resolution, the City of
Virginia Beach, including its elected representatives,
officers, employees, and agents, shall not be liable, and
hereby disclaims all liability for, any damages to any
person, direct or consequential, resulting from (1) the
Authority's failure to issue bonds for the Facility for any
reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other
projects if the issuance of tax-exempt multifamily rental
housing bonds by the Authority is restricted by any State or
Federal statute now or hereafter enacted; or (2) the Authori-
ty's failure for any reason after the issuance of bonds for
the Facility to allocate a portion of its allowable industri-
al development bond volume to the Facility if the issuance of
tax-exempt multifamily rental housing bonds by the Authority
is restricted by any State or Federal statute now or hereaf-
ter enacted.
5. This Resolution shall take effect iminediately
upon its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, V' . . June 10, 1985
irginia, on
1985.
June 10, 1985
2
26 -
Item II-H.3
RESOLUTIONS ITEM # 23738
The following registered to speak if there was OPPOSITION to said
Resolution
Dr. C. A. Holland
Willaim J. Pastore, represented the United Medical Plan of Virginia
Upon moton by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED a Resolution to authorize the City Manager to prepare the necessary
contracts for GROUP HEALTH CARE COVERAGE for MUNICIPAL EMPLOYEES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McCla@aan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberadorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
June 10, 1985
27g -
z
0
u I 0 RESOLUTION TO AUTHORIZE THE CITY
0 L z
0 MANAGER TO PREPARE THE NECESSARY
< z CONTRACTS FOR GROUP HEALTH CARE
COVERAGE FOR MUNICIPAL EMPLOYEES
>
0
WHEREAS, City Council of the City of Virginia Beach
desires to offer health care benefit plans to employees
and their families, and
WHEREAS, specifications for such plans, to include
Health Maintenance Organizations and indemnity group health
programs, have been prepared and proposals have been
received from several companies, and
WHEREAS, the consulting firm of Johnson and Higgins has
reviewed the proposals submitted for basic (high option) and
supplemental (low option) indemnity group health plans and
recommends the proposal of Blue Cross/Blue Shield of
Virginia, and
WHEREAS, the City's Group Health Benefits Committee has
reviewed the proposals submitted for Health Maintenance
Organization plans and recommends for the individual practice
association - United Medical Plan of Virginia and for the
group model - HMO Plus, and
WHEREAS, these proposals appear to best meet the City's
needs for health care programs for municipal employees and
their families.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is
hereby authorized to prepare, for City Council's review, the
necessary contracts with the above firms to provide health
coverage for municipal employees to begin August 1, 1985.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 10 day of June 1985.
JCM/32
June 10, 1985
- 28 -
Item II-1. I
ORDINANCES ITEM # 23739
Upon motin by Councilman Louis Jones, seconded by Councilman Baum, City
Council ADOPTED aa Ordinance authorizing the City Manager to execute
an AMENDED Agreement with CMR Builders, Inc., subsidizing a project
in the SEATACK TARGET AREA for low to moderate incc)me individuals with
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones,
Robert G. Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
H. Jack Jennings, Jr., and Meyera E. Oberndorf
Council Members Ab5ent:
J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
Nancy A. Creech
June 10, 1985
- 28a
Requested by the Office of HOUSing and Community Development
ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CMR BUILDERS,
INC., SUBSIDIZING A PROJECT LOCATED IN THE
SEATACK TARGET AREA FOR LOW TO MODERATE
INCOME INDIVIDUALS WITH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, CMR Builders, Inc., is the owner of
approximately 7.447 acres of property located on Virginia Beach
Boulevard and in the Seatack Target Area; and
WHEREAS, CMR Builders, Inc., has represented to the
City that it could not develop and market its proposed 85 unit
townhouse project on this parcel for low to moderate income
individuals unless Community Development Block Grant Funds are
utilized to construct water, sewer, streets and drainage for this
project; and
WHEREAS, the City desires to improve the property to
provide for the construction of housing affordable to low and
moderate income persons pursuant to Section 24 CFR 570.201(c)
with Community Development Funds in the amount of up to $329,580;
and
WHEREAS, CMR Builders, Inc., has constructed Eighty
Five (85) townhome units on the subject property and shall make
available for sale at least 43 of the 85 units to purchasers who
are low to moderate income individuals as established by HUD
Section 8 Guidelines and/or purchasers who shall rent to persons
for a term of at least one year from date of sale which lessees
shall be low and moderate income individuals as established by
the HUD Section 8 Income Guidelines.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
The attached agreement is hereby approved and the City
Manager is hereby authorized and directed to sign the agreement
with CMR Builders, Inc., for the purposes referenced above and
June 10, 1985
- 28b -
for the terms and conditions more fully specified in an agreement
attached hereto and incorporated by reference.
BE IT FURTHER ORDAINED, that the attached agreement
supersedes the terms and conditions of that certain Agreement
dated September 12, 1983 by and between Arnhold and Company and
City.
DSH/re
5/14/85
(MISC.)
APPROYE"s YO LOI,L
c ILA
SIGNJkTURE
r->c@ C"t,@
DEPARTMENT
APPROVED AS TO FORM
Sf(,NA RURE
C" ATT@)PI]Fl
ADOPTED: June 10, 1985
June 10, 1985
-2-
28c
AGREEMENT
made this day of Jur,6, 1985, by
THIS AGREEMENT
ration, or
and between CMR BUILDERS, INC., a Virginia Corpo
assigns, (hereinafter referred to as "CMR"), and the City Of
Virginia Beach, a political subdivision of the Commonwealth of
Virginia, its successors, and/or assiqns (hereinafter referred to
as "City").
WITNESSETH:
of certain real Property
WHEREAS, CMR is the owner
located in the City of Virginia Beach (hereinafter referred to as
rty") and more fully described as:
the "Prope
Approximately 7.447 acres located on
Virqinia Beach Boulevard, in the City Of
Virginia Beach, Virqinia, designated and
described as Parcel 2 and Parcel 4 on a
certain plat Of survey entitled: 'Lease
Plat of Property of B. m. Company on
Virqinia Beach Boulevard," Virginia Beach
Borough, Virginia Beach, Scale; 1"=100',
dated October 11, 1972, made by Duncan
and Johnson, Ltd., Engineers and
Surveyors, virginia Beach, Virginia,
which plat is duly of record in the
Clerk's office of the Circuit Court of
the City of virginia Beach, Virginia, in
map Book 94, Page 7.
WHEREAS, the City of Virqinia Beach is a political
subdivision of the Commonwealth of Virqinia which wishes to
rtunities and carry out
provide and encourage housing oppo
community development activities for persons of low and moderate
income within said City; and
erenced above is located in the
WHEREAS, the property ref
Seatack target area of the City of Virginia Beach; and
28d
city that it coul
WHEREAS, CMR has represented to the d
not develop anci market this project for low to moderate income
ed in Paragraph 4 on page 5 of this
individuals as referenc
Agreement unless community development funds are utilized to
construct portions of the infrastructure on the above-referenced
property; and
WHEREAS, the City desires to improve the property to
provide for the construction of housing affordable to low and
moderate income persons pursuant to 24 CFR 570.201 (c) with
community development funds in an amount of uo to Three Hundred
Twenty-Nine Thousand Five Hundred and Eighty Dollars
as more fully described in that certain cost
$329,580.00)
estimate made by Miller-Fox-Stevenson, P.C., dated March 17,
1983, a copy of which is attached hereto and made a part hereof;
and
WHEREAS, CMR has aqreed to construct or have constructed
eighty-five (85) townhome units on subject property in accordance
with the approved subdivision plat attached hereto and made a
part hereof.
NOW, THEREFORE, CMR, for itself, its assiqns, successors
in title and lessees for the consideration referenced above and
the conditions hereinafter set forth does hereby agree as
follows:
1. Rights-of-way and easements.
a. CMR agrees to dedicate to the City all necessary
nstruction
richts-of-way, temporary and permanent co
-2-
June 10, 1985
28 e
easements to the City that are necessary to construct
the infrastructure on the property.
b. City agrees to incorporate the subject
improvements into its approved project activities for
water, sewer, streets and drainage as a cotnmunity
development project.
2. Number and type of units to be constructed.
a. CMR agrees to construct or have constructed
eighty-five (85) townhouse units on the lots of the
subject property.
b. Such units shall consist of the following types:
(the below number of unit type may be adjusted with the
written approval of the authorized officer of the Office.
of Housing Community Development.)
(1) Seven-one bedroom units.
(2) Twenty-five-two bedroom units.
(3) Fifty-three-three bedroom units.
c. The units to be constructed shall further
consist of ten percent (10%) of the units specifically
desioned for the elderly and/or physically handicapped.
d. All units so constructed shall be available for
purchase with a design acceptable to the Virginia
Housing Development Authority (VHDA).
3. Cost of units.
a. The cost of the units shall be determined as
follows:
-3-
28 f
(1) Value of land is Three Thousand Dollars
($3,000) per unit for the number of townhouse lots as
proposed, eicghty-five (85) units. [Total purchase price
of the land in total not to be more than Two Hundred
Fifty-Five Thousand Dollars ($255,000)).
(2) Value of material at cost.
(3) Value of labor at cost and administrative
costs to include interest and marketing fees.
(4) Overhead and profit shall be calculated in
accordance with guidelines established by the Virginia
Housing Development Authority and shall be calculated in
accordance with acceptable industry standards for
similar projects and shall be calculated as actual cost
associated with this project.
(5) Overhead and profit shall be calculated as
a percentage of the estimated total cost of the project
including 3. a. (1), (2), (3), and (4) as per above,
said percentage not to exceed eighteen percent (18%)
with no percentage earned on the money paid by the City
for the infrastructure of the Parcels.
b. CMR shall submit a cost estimate of all units to
be constructed which shall. indicate that the Three
Hundred Twenty-Nine Thousand Five Hundred Eighty Dollars
($329,580.00) cost estimate as per the attached estimate
of Miller-Fox-Stephenson P.C. of the infrastructure to
the parcel of land is not included in the cost of the
units to be sold.4-
289
4. Purchasers.
a. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
CMR SHALL MAKE AVAILABLE FOR SALE AT LEAST 43 OF THE 85
UNITS TO PURCHASERS WHO ARE Low TO MODERATE INCOME
INDIVIDUALS AS ESTABLISHED BY HUD SECTION 8 INCOME
GUIDELINES AND/OR PURCHASERS WHO SHALL RENT TO PERSONS
FOR A TERM OF AT LEAST ONE YEAR FROM DATE OF SALE WHICH
LESSEES SHALL BE LOW AND MODERATE INCOME INDIVIDUALS AS
ESTABLISHED BY THE HUD SECTION 8 INCOME GUIDELINES.
5. Minority utilization.
a. minority suppliers and contractors shall be
given the opportunity to bid on all work and supplies
for the construction of the units.
b. CMR shall exercise its best efforts to assure
the employment of minority employees for all positions
that may become available as a result of this project.
C. CMR shall use best efforts to contract thirty
percent (30%) of all subcontract work to minority
vendors, suppliers and contractors.
d. CMR shall comply with the Federal Labor
standards Provisions promulgated by the U.S. Department
of Housing and Urban Development to effectuate
compliance with the Davis-Bacon and related acts and
contract work hours standards. Said Federal Labor
Standards Provisions are attached hereto and
incorporated by reference.
-5-
28h: -
6. For each of the 43 units referenced in paraqraph 4
above sold to and closed witti a purchaser as defined in paragraph
4 hereinabove, CMR shall be reimbursed by the City community
development jobs bill funds in the amount of Seven Thousand Six
Hundred Sixty-Five Dollars ($7,665.00). All units to be
reimbursed by City community development funds shall be sold by
September 30, 1985 and those units sold to purchasers who shall
rent to low and moderate income individuals, as established by
the BUD Section 8 Income Guidelines, shall begin the term of the
lease no later than the date of sale or October 31, 1985.
7. Notwithstanding any terms, clauses, conditions or
references to the contrary, in the event CMR, its assigns,
successors in title or lessees fail to comply with any of the
tertns of this Agreement, CMR, its assigns, or successors in tille-
or lessee shall reimburse the City of Virginia Beaph Community i
Development Block Grant Fund in the amount of funds previously
paid to CMR as per this Agreement for the inirastructure of the
above-mentioned Parcels. The Office of Housing and Community
Development may prepare a compliance report wherein it shall
certify that the owners have complied with the terms of this
Agreement as of the date of said report and CMR shall make
available the necessary documents for such report.
8. City will allocate to CMR Builders for permanent
financing, for all purchasers who qualify, sufficient funds from
-6-
28i
its virginia Housing DevelopTnent Authority allocation for all
such purchasers' use if such funds are available.
9. CMR aqrees to post bonds or letters of credit in
the amount of the community development funds disbursed as
referenced in Paragraph 6 and in a form acceptable to the City
Attorney which bond or letter of credit guarantees the
reiTnbursement of the City of Virginia Beach Community Development@
Block Grant Fund in the amount of the funds so disbursed in the
event CMR, it heirs, assigns, successors in interest or lessees
fail to comply with any of the terms or conditions of this
Agreement. The bond or letter of credit is to be released upon
satisfactory completion of all of the terms, clauses and
conditions of tbis Agreement.
10. It is expressly understood and agreed that this
Aareement is to be recorded in the office of the Clerk of the
Circuit Court of the City of Virqinia Beach, Virginia, same to be
indexed to Deeds under the owner's name as Grantor and City's
name as Grantee, it beinq specifically understood, covenanted and
agreed that the terms of the Agreement may be enforced by the
City, its successors and assigns and shall run with the
property.
11. This Agreement supercedes the terms and conditions
of that certain Aareement dated September 12, 1983 by and between
Arnhold & Company, Inc. and City.
-7-
28'
IN WITNESS WHEREOF, the parties hereto have executed
and sealed this Agreement as of the day and year first written
above.
CM UILDERS, INC.
a /vi' ataon
,@esidefit
CITY OF VIRGINIA BEACH
Thomas H. Muehlenbeck
City Manager
ATTEST:
Ruth Hodges Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid do hereby certify
that President and
's
&.ss7 r e?anrt yon behalf of CMR BUILDERS, INC., a virginia
corporation, whose names as such are siqned to the foregoinq
Agreement, bearing date on the day of @lYt-Li
28k
1985, have acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
1985.
My Commission Expires: 3LI:
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 THOMAS H. MUEHLENBECK, CITY MANAGER, and RUTH HODGES SMITH,
CITY CLERK, on behalf of the City of Virginia Beach, whose names
as such are signed to the foregoing Agreement, bearing date on
the day of 1985, have acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
DSH/re
2/26/85
(48.28)
t ve
E)EPARTMENI
APP S TO FORM
The underlining contained in this I
agreement is on this copy onlt- CITY ATfC)RI'4EY
for informational purposes. The origina,l
agreement does not co
- 29 -
Ttem 11-J.
CONSENT AGENDA ITEM # 23740
Upon motioii by Councilwoman Creech, secoiided by Couiicilwomai) Oberiidorf, City
Council APPROVED in ONE MOTION Items I through 6 of the CONSENT AGENDA.
Votilig; 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, aiid
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
- 30 -
Item II-J.1
CONSENT AGENDA ITEM # 23741
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance Authorizing the City Manager to execute an Agreement
for purchase and grant of EASEMENT Over and across City Property for the es-
tablishment, maintenance, operation and use of a SAFETY AREA AND RESTRICTED
USE ZONE.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
30a
RE(-)UESTED BY: PUBLIC WORKS
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
PURCHASE AND GRANT OF EASEMENT OVER AND
ACROSS CITY PROPERTY FOR TRE
ESTABLISHMENT, MAINTENANCE, OPERATION
AND USE OF A SAFETY AREA AND RESTRICTED
USE ZONE
WHEREAS, the City of Virginia Beach, Virainia is the
owner of that certain parcel of property as shown as Parcel 576,
containing 0.967 of an acre, on Atlantic Division, Naval
Facilities Command, Drawing No. 4078991, approved February 8,
1983, last revised March 27, 1985, entitled "Boundary Line Survey
of Paul Sparrow, et al, Properties for Area 8, P-995 Restrictive
Easement FY-82-Naval Air Station Oceana--Lynnhaven Borouqh-
Virginia Beach, Virginia," drawing on file in the Public Works
Department, Office of Real Estate, of the City of Virginia Beach,
Virginia (hereinafter the 'Property"); and
WHEREAS, the United States of America, actinq by and
through the Department of the Navy, hereinafter called
"Government," desires to acauire by purchase, perpetual easements
for clearance, restrictions and ingress and egress on, over,
across, and throuqh said lands for the establishment,
maintenance, operation and use of a safety area and restrictd use
zone; and
WHEREAS, the purchase price of $14,400.00 has been
established by an independent appraiser to be the value of the
easement; and
WHEREAS, the City Council is of the opinion that the
easement should be granted and conveyed to the United States of
America for and in consideration of $14,400.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manaqer is hereby authorized to execute
an Agreement for Purchase and Grant of Easement grantinq, selling
and conveying to the United States of America for and in
consideration of $14,400.00 a perpetual easement for clearance,
restrictions and ingress and egress on, over, across, and through
0.967 of an acre of land as described in the Grant of Easement.
30b -
A copy of said Grant of Easement is attached hereto as Exhibit
"A" and made a part hereof.
Adopted by the Council of the City of Virqinia S-each,
Virginia on the 10 day of June 1985.
JAR/sm
6/5/85
(ORD/H)
A CONTENT@
FORM
June 10, 1985
-2-
30c
PARCEL 5711
239 57 N 00'-22'-45 E
N 07--4 @4 E
t 184.93
Point of Boginnt'ng
Parcel 5778578A
0 0CL
PARCEL 577 0-
n
w
@A RCF-
P4,
C L,7
-.Oo
10 co
7Z
a.
PAI,cEL 0.
i4-
o" W
w
- 31 -
item II-J. 2
CONSENT AGENDA ITEM # 23742
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, to accept funds of $30,000
from the HAMPTON ROADS WATER QUALITY AGENCY and appropriate these funds
to Project #2-996 BACK BAY WATERSHED PLAN-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
31a
F-
z
z
0
AN ORDINANCE TO ACCEPT FUNDS OF $30,000
FROM THE HAMPTON ROADS WATER QUALITY AGENCY
AND APPROPRIATE THESE FUNDS TO PROJECT
0 #2-996 BACK BAY WATERSHED PLAN
WtiEREAS, the Hampton Roads Water Quality Agency (HRWQA) has awarded
the City of Virginia Beach $30,000 as reimbursement for the portion of the
costs incurred in developing the Back Bay Watershed Management Plan (project
#2-996), and
WHEREAS, in order to properly and easily account for these funds,
it will be necessary to record the award as revenue and to appropriate the
funds to project #2-996.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the award of $30,000 from the Hampton Roads Water Quality
Agency is hereby accepted and the funds are appropriated to project #2-996 Back
Bay Watershed Management Plan in the Engineering and Highways Capital Project
Fund.
Be it further ordained that the appropriation be offset by an
increase of $30,000 in estimated revenues in the Engineering and Highways
Capital Project Fund.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
FIRST READING June 10, 1985
SECOND READING
June 10, 1985
- 32 -
Item II-J.3
COlqSF!qT AGENDA ITEM # 23743
Upon inotion by Councilwoman Creech, seconded by Councilwoman Oberndorf, CitY
Council APPROVED an Ordinance, on FIRST READING, to appropriate additional
funds in the amount of $21,935 to the POLICE DEPARTMENT OPERATLNG BUDGET
for INCREASED POLICE PKIROL within the CARPER HOUSING area and to authorize
the City Manager to enter into an agreement with the UiiTED STATES DEPARTMENT
OF THE NAVY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
32a
,z AN ORDINANCE TO APPROPRIATC ADDITIONAL
FUNDS TO THE POLICE DEPARTMENT OPERATING
BUDGET FOR INCREASED POLTCE PATROL WITHIN
THE CARPER HOUSING AREA AND TO AUTHORIZE
THE CITY KANAGER TO ENTER INTO AN AGREENENT
WITH THE UNi,rED STATES DEPARTMENT OF THE NAVY
WHEREAS, the Department of the Navy is intereated in increasing
police protection in the Carper Housing area during the evening hours of the
summer months, and
WHEREAS, in order to do so, the Navy Department is seeking to
enter into an agreement with the City of Virginia Beach in which the city
will provide the police officer, vehicle and equipment with the Navy to pay
the salaries and fringe benefits of the assigned officer, and
WHEREAS, the salaries and fringe benefits of the assigned
officer is estimated to cost $21,935 throughout the summer months.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $21,935 are hereby appropriated
to the Police Department operating budget to be offset by a like increase in
estimated revenue in the General Fund.
Be it further ordained, that the City Nanager is hereby
authorized to enter into an agreement with the United States Department of
the Navy to provide increased police patrol in the Carper Housing area
during the summer months.
This ordinance shall be in effect from the date of, its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
FIRST READING: June 10, 1985
SECOND READING:
June 10, 1985
- 33 -
Iteni II-J.4
CONSLNT AGENDA ITEM # 23744
Upon motioii by Couriciiwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED the LOW BID of LITTON OFFICE PRODUCTS CENTER iii the amount
of $126,679.98 for the HUMAN RESOURCES BUILDING - FURNISHINGS (CIP 3-938);
AND, AUTHORIZED the City Manager to enter into the necessary agreements
for the impolmentation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Votiilg Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
- 34 -
Item II-J.5
CONSENT AGENDA ITEM # 23745
Upon motion by Cuncilwoman Creech, seconded by Coancilwomai Oberndorf, City
Council APPROVED the following RAFFLE J?ERMIT:
PRINCESS ANNE WOMEN'S CLUB
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Hei5chober, Barbara M. Henley, E. Jack Jeanings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
- 35 -
Item II-J.6 ITEM # 23746
CONSENT AGENDA
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED aii ordinance authorizing LICENSE REFUNDS in the amount of
$5,056.40 upon application of certain persons and upon certification of
the ComTnissioner of the Revenue.
Voting: 10-0
Council Members Votiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndarf
Council Members Voting Nay:
None
Council Members Ab5ent:
J. Henry McCoy, Jr., D.D.S.
June 10, 1985
FORM NO. C... a 35 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Tavenner, William C., Jr.
T/A Vanmark Enterprises
P. 0. Box 68278
Va. Beach, VA 23455 1984 05/02/84 163.75 163.75
Welch Industries, Inc.
T/A Welch Pile Driving
4750 Baxter Road
Va. Beach, VA 23462 1985 05/85 4,239.65 4,239.65
Welch Industries, Inc.
T/A @,'elch Camper Center
4750 Baxter Road
Va. Beach, VA 23462 1985 05/85 800.00 800.00
Certified as to Payment:
Commissioner of Revenue
Approved as to fo
J.D 'o.
- B'M'
This ordinance shall be effective from date of ty Altrr..y
adoption.
The above abatement(s) totaling $5, 056 . 40 were approved by the Council
of the City of Virginia Beach on the 10 day of June ------- --- 19 85
Ruth Hodges Smith
City Clerk
June 10, 1985
- 36 -
Item II-K.1.2.3.4
APPOINTMENTS ITEM # 23747
BY CONSENSUS, City Council RESCHEDULED for June 17, 1985, the following
APPOINTMENTS:
SOCIAL SERVICES BOARD
STAMA (PRIVATE INDUSTRY COUNCIL)
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
June 10, 1985
- 37 -
Item II-L.1
UNFINlSHED BUSINESS ITEM # 23748
LOCAL GOVERNMENT STUDY COMMISSION
City Council discussed a Resolution, ADOPTED BY City Council on April 8, 1985,
to ESTABISH COMMISSION ON LOCAL GOVMIMENT to study in-depth and make re-
commendations as to the composition and organization of the City's form of
government.
Council willl reconsider the number of members which should comprise this
Commission.
Councilman Baum suggested Reid Ervin and Patrick Standing be added to this proposed
iist of members. Councilman Fentress requested Georg Vakos' name be considered.
Some Members of City Council expreased the importance of having the majority
of this committee be comprised of members within the City rather than from
the outside area.
Any reorganization will entail action by the General Assembly which does not
convene until the First of the Year.
A suggestion was made to have an advisor to thi5 group, a constitutional attorney,
who would be well informed as to compliance with the Federal Voting Rights Act.
BY CONSENSUS, City Council will SCHEDULE APPOINTMENTS for the LOCAL GOVERNMENT
STUDY COMMISSION on June 17, 1985.
June 10, 1985
- 38 -
Item II-M. I
NEW BUSINESS ITEIII # 23749
WARNIE E. AND NITA F. CONLEY
CONDITIONAL USE PERMIT
Warnie Conley, the applicant, was in attendance to repond to any inquires
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council will CONSIDER on June 24, 1985, a WAIVER of a condition in the Ordi-
nance upon application of WARNIE E. AND NITA F. CONLEY for a Conditional
Use Permit for mini-warehouses.
This Ordinance was ADOPIED by City Council on February 6, 1984. The Gondition
to be WAIVERED is as follows:
"A 6-foot solid privacy fence shall enclose
the storage area."
Votiiig: io-o
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
June 10, 1985
This item was moved forward on the AGENDA before the Planning Items.
Cit@c>f
June 10, 1985
The Honorable Mayor
Members of the Council
Dear Council Members:
On February 6, 1984, City Council approved the application
of Warnie E. and Nita F. Conley for a conditional use Dermit for
mini-warehouses on a 4.915-acre parcel located along the west
side of Holland Road, north of Shipps Corner Road (Princess
Anne Borough). The applicant has requested that Council waive
the requirement placed on this use permit for a six-foot privacy
fence around the entire area. The reasons are outlined in the
attached letter.
If Council wishes to reconsider this item, it can be
scheduled for the June 24, 1985, meeting.
Sincerely yours,
Thomas H
City Mani
THM:kdh
cc: Mr. and Mrs. Warnie E. Conley
- 39 -
Item 11-M.2
NEW BUSINESS ITEM # 23750
LEGISLATIVE DINNER
ADD-ON
Mayor Heischober advised Council the Dinner Meeting with the General Assembly
Delegation on June 14, 1985, has been CANCELLED.
City Council will be polled for a more acceptable date.
Item II-M.3
NEW BUSINESS 1TEM # 23751
WASHINGTON POST ARTICLE
ADD-ON
Councilwoman Henley referenced an article appearing in the WASHINGTON POST.
Copies of same have been distributed to Members of Council. This article
contained many negative comments concerning BACK BAY.
Item II-M.4
NEW BUSINESS ITEM # 23752
DOGS ON BEACH
ADD-ON
Council,nan Robert Jones referenced the Ordinance to AMEND and REORDAIN
Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining
to DOGS ON BFACH, ADOPTED on June 3, 1985.
Sigas will be posted on the beaches concerning this Ordinance
Item II-M.5
NEW BUSINESS ITEM # 23753
PORTRAITS OF
MAYOR/ClTY MANAGER
ADD-ON
Mrs. Cassandra (GO-GO) Barnes referenced portraits of former Mayor Louis Jones
and City Manager Muehlenbeck. She was interested as to when their likenesses
would be di,5played in City Hall.
The City Clerk advised that arrangements are being made.
June 10, 1985
- 40 -
Item 11-N.
ADjOUxdiMLNT ITEM # 23754
Upot, motiori by Couiicilmati Jenniiigs, and BY ACCLAMAT10N, CitY Couiicil ADJOURNFD th@
meeting at 6:05 p.m.
Chief Deputy City Clerk
@th Hodges smifh, cmc r
City Clerk
City of Virginia Beach
Virginia
/bh
Julie 10, 1985