The URL can be used to link to this page

Home My WebLink AboutFEBRUARY 11, 1985 MINUTES @it3, ,f. "WORLD'S LARGEST RESORT CITY" f cny couNc]L MAYOR HAROLD REISCHOBER, At ,ICE-MAyOR @A S.,VC@AX A- &-gh JOHN A. SA UM, BI-@@ B-gh NANCY A. CREECH, At @. ROBFRT E. PENMSS, VIII@ BI-h B-Ok BARBARA M. @. P..g- @gh R. JACK @INGS. J.R.. L,."-- B-gh LOUIS R. JONES. B-Y@ @A ROBERT G. JONES, At @. J. HENRYmCOY. JR.. K-W@ @gh MEYERA E. OBERNLIORF. At L-M, t8i CrrY HAU BUIWING MUNICIPAL C@ RU7W HO@ES smnw, cmc, ct, C4.,* CITY COUNCIL AGENDA VLRrrNIA @Cg, VIRGINIA @OM 18041427.4M February 11, 1985 Virginia Beach CitY Counc-il BRzzrzsc - 'Irorvard, ffampton noads - Conference Room - 12:30 PM XEir!rrliG OF VIRGXNXA BEACH CRTY COUNCXL - CcnfOrenCe Room - 1:00 PM A. C&LL TO ORDER - mayor Harold Heischober B. ROLL CALL OF COUNCIL C. NOTrO)f TO RSCESS INTO EXECUTrvE SESSION .rTEM -rl. REGULAR SESSZOX OF VRRGINXA BEacm citr couNCIL - Council ChamberS 2 PM A. RNVOCATION: Reverend James H. Gatlin, Sr. St. Paul's Church of God in Christ B. PLEDGE OF ALLEG@CE TO THE FLAG OF THE UtilTED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CrTf MANAGER'S ADMINXSZRATIVE ITEMS 1. Review of E. MMORICOUNCIL - DISCUSSRON OF PERTINENT MATTERS 1. Mrs. Annabelle HaplorkoVski - sponsored by Councilwoman meyera oberndorf. F. )LrNUfBS 1. motion to acceptlapp-ve the Ninates of February 11, 1985. G. PRESENTARION 1. Resolution in Recognition - Harry M. Carter, Jr. golen Dwyee A. Los Lively Marry @dler Lt. J.i). Jr-icks Brace Payne H. PLANNZNG 1. Application of outlet Mall Propertles and Marj Corporatlon for a condiLtiLonal use permit for the sale of tires, tire accessories and related items on an 11,450-square foot parcel located on the east side of independence Boulevard, south of the Norfolk and Southern Railroad right-of-way (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allov vithdrawal- 2. Application of Jones and Frank 011. EquipMent CorpOration for a conditional use permit for a gas station in conjunction with a convenience food store on a 41,818-square foot parcel located at the southeast corner of Princess Anne Road and Parl.iament Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of GSCR Associates for a conditional use permit for a self-service gas station on a 25,700-square foot parcel located on the west s.Lde of Oceana Boulevard, north of Dam Nec,-k Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of S.X.R., Ltd., for a change of zoning from AG-1 Agricultural District to R-5 Residential District on a 1.8-acre parcel located south Tf rondon Bridge Road, east of the Pine Ridge subdivision (Princess Anne Borough). a. Letter from the City Manager transmits the recommendat.ion of the Planning Commission for approval. 5. Application of Winifred B. Johnson and Mr. and Mrs. Daniel Gordon for a change of zoning from A-1 Apartment District to B-2 Community-Business District on a 1.11-acre parcel located on the north 'side of Holland Road, west of Rosemont Road (Princess Anne Borough). a. Letter from the City Manager transmits the recoi=endation of the Planning Commlssion for approval. 6. Applications of Rosomry B. Smltb for ch-ges of zonla on an undeveloped slte located on the south side of London Bridge Road, west of Hunts Neck Trail (Princess Anne Borough); From AG-2 Agricultural District to R-8 Residential District on a5.5-acre parcel; From AC-1 Agricultural District to R-8 Residential District on a7-acre parcel; AND, From R-3 Residential District to B-2 Community-Business. District on a 2-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of VlrgJnia S. Godwin and Leigh S. Huston for a change of zoning from AG-2 Agricultural District to B-2 Community-Business District on a 27,732.885-square foot parcel located on the south side of Old Dam NeCk Road adjacent to Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. RESOLUTIONSIORDXJFAJFCES 1. Special Revenue Bonds a. Resolution inviting and encouraging the Newport News Redevelopment and Housing Authority to issue its Special Revenue Bonds in the amount of $6,500,000 for the benefit of Brand!IvJme Associates. (This item was deferred until today on February 4, 1985). 2. General a. Resolution In support of a proposal by the National League of Cities on Rate Regulation of Cable Television. J. CONSEN2' AGENDA All matters listed ander the Cons(@nt Agenda are considered In the ordinary course of business I)y City Council and will be enacted by ons notion in the fom listed. Xf an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Recognition t-D Harry M. Carter, Tr. - Transportation @ety Commisslon 2. Resolution In Recognition to melon Dungee - Southeastern Virginia Areawide Moddl Progrtm 3. Resolution in Recognition to A. Leo Lirely - Arts and Human.ities Commission 4. Resolution in Recognition tc- Harry Sandler - Virg.Lnia Beach Developmant Authority 5. Resolution in Recognition to Lt. J.D. Hicks Life saving Attempt 6. Resolution in Recognition to Bruce Payne Life Saving Attempt 7. Resolution authorizing the City manager to execute agreements of lease for the Green Ran Farm. 8. Resolution authorizing the City Manager to execute a cost participation agreement with off-Price Factory Mall Associates for sewer facilities at Hilltop. 9. ordinance, on SECOND READXNG, to appropriate $175,000 from Fund Balance to Projecit 2-025 Haster Street and Highway Plan Up-Date for a Comprehensive Up-Date. 10. Raffle Permit - Back Bay Wildf@owl Guild, Xnc. 11. Request of the City Treasuri?r for tax refunds in the amount of $5,403.51. K. UNFXNXSEED BUSXNESS 1. Report of Bond Referendum Comiittes L. NEW BUSXNBSS 1. Hampton Roads Stadium - Presentation by Brad Face 2. Request of Virginia Beach Congregation of Jrehovah's Witnesses for an amendment to conditional use permit approved July 5, 1983. 3. Virginia Department of Highvays and rransportation Construction Funding - listing of projects and budgetary estimates. 4. 1984-8511988-89 CXP - presentation and discussion. 5. Capital Project Status Report for period ending December 31, 1984 - discussion. M. RECESS IFOR COUNCIL APPOXNREE EVALUATXON N. AWOURNMENT 1. Notion to adjourn. city counci.1 meeting of February 18, 1985 CANCELLED Holiday M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G "FORWARD HAMPTON ROADS" February 11, 1985 12:30 p.m- Mayor Heischober called the Council Briefing to order at 12:30 p.m- in the Conference Room and asked Councilwoman Nancy Creech to present: "FORWAP,D HAMPTON ROADS" A Dynamic 5-year $5-Million plan to move Hampton Roads into the future: $1 - Million - Resources Marketing Center $4 - Million - Economic Program The five year campaign to raise these funds was "kicked off" in October 1984 and to-date more than $2-Million pledges are registered. This "dynamiic" program is structured to benefit every locality from a "consistent, businesslike marketing strategy". The intent is to "take Hampton Roads to the national and international marketplace". Councilwoman Creech introduced Bill Genter, President, Hampton Roads Chamber of Commerce, who explained "balancing and diversifying our economic base is the major goal of this program". Business men and women have made the commitment to move forward and "Forward Hampton Roads" is the vehicle through which this commitment can be realized. Mr. Center introduced Don Kelly, Regional Director - Audio Visual, who presented a slide show depicting the market analysis and re- flecting upon the "5 Basic Market Elements": 1. Market Analysis 2. National/International Marketing 3. Tourism/Travel Marketing 4. Small Business Retention/Development 5. Public/Private Partnership Councilwoman Creech advised this presentation has been made to each of the mulii- cipalities participating in the area of Hampton Roads (Chespeake, Norfolk, Ports- muth, Suffolk and Virginia Beach). She further advised the funding is strictly from the private sector and no municipal funds are necessary. The "Forward Hampton Roads" booklet, distributed to Members of City Council and the City Manager, is hereby made a part of the record. February 11, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 11, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, February 11, 1985, at 1:00 in the afternoon. Council Members Present: John A. Buam, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None February 11, 1985 - 2 - ITEM # 23190 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 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 briefiiigs 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 Fentress, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. 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 February 11, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL February 11, 1985 2:00 p.m. Mayor Harold Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, February 11, 1985, at 2:00 in the afternoon. Councii Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: The City Clerk gave the INVOCATION in the absence of Reverend James H. Gatlin, Sr., Pastor of St. Paul's Church of God in Christ. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 11, 1985 - 4 - MAYOR/COUNCIL - DISCUSSION OF PERTLNENT MATTERS Item II-E.1 ANNABELLE NAPIERKOWSKI ITEM # 23191 SHORE DRIVE Councilwoman Oberndorf sponsored Annabelle Napierkowski's appearance before the City Council. Mrs. Napierkowski presented a petition of over 1700 signatures requesting the following: 1. The speed limit on Shore Drive be lowered to 35 miles per hour between Pleasure House Road and Gate 4 of Little Greek Amphibious Base. 2. "No Turn on Red" signs be posted at the in- tersections of Pleasure House Road and In- dependence Boulevard with Shore Drive. 3. Pedestrian crosswalks be painted at the inter- sections of Pleasure House Road and Independence Boulevard with Shore Drive. Said petition is hereby made a part of the record. This petition involves only a one mile stretch of road on which three naval housing projects exist along with commercial, single and multi-family dwellings. Three hundred and nine (309) accidents occurred last year on Shore Drive preceded by Three hundred and thirty-one (331) in 1983. There were twenty (20) deaths on Shore Drive in a four year period between 1980 to 1984. On October 6, 1984, Mrs. Napierkowski's twelve year old daughter, Tammy Ann, died while attempting to cross Shore Drive near its intersection with Pleasure House Road. Councilwoman Oberndorf requested the staff investigate a Pedestrian Cross-Walk light with a button which the individual can press to safely cross the street. Councilman McCoy suggested the possibility of the widening of Shore Drive as well as Pedestrian Walk-overs in areas such as Pleasure House Road and In- dependence Boulevard. Mayor Heischober referenced the Report of the Traffic Engineer, John W. Herzke, to the City Manager concerning a Traffic Analysis of Shore Drive. There have been previous speed limit studies of Shore Drive. The matter of painted cross- walks at signalized intersections is presently being made. February 11, 1985 5 Item 11-F. I MINUTES ITEM 23192 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Minutes of February 4, 1985, but CORRECTED the Summmary of Council Actions dated January 28, 1985. Concerning Item II.L/M ADD ON Cox Cable Rate Increase - Request for RECONSIDERATION, the following error was reflected in recording the vote: Mayor Heischober's vote should be NAY. Councilwoman Henley's vote should be AYE. 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 February 11, 1985 6 Item II-G.1 PRESENTATION ITEM 23193 Mayor Heischhober presented a RESOLUTION IN RECOGNITION to; Harry M. Carter, Jr. Member Transportation safety Commission This Resolution recognized Harry M. Carter, Jr.'s untiring and dedicated service to the TRANSPORTATION SAFETY COMMISSION. February 11, 1985 7 Item II-G.1 PRESENTATION ITEM 23194 Mayor Heischober was to present a RESOLUTION IN RECOGNITION to: Helen Dungee Member Virginia Areawide Model Program This Resolution recognized Helen Dungee's untiring and dedicated service to the VIRGINIA AREAWIDE MODEL PROGRAM. As Helen Dungee was unable to attend the PRESENTATION, her RESOLUTION will be mailed. Mrs. Dungee advised the correct spelling of her name is Helma. The orrect name of the organizatio, is So,the,stern Virginia Areawide Model Program. February 11, 1985 8 Item 11-G. I PRESENTATION ITEM 23195 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: A. Lee Lively Member Arts and ilumanities Conmiission This Resolution recognized A. Lee Lively's untiring and dedicated service to the ARTS AND HUMANITIES COMMISSION. February 11, 1985 9 Item II-G.1 PRESENTATION ITEM 23196 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: Harry Sandler Member Development Authority This Resolution recognized Harry Sandler's untiring aiid dedicated service to the DEVELOPMENT ATJTHORITY. February 11, 1985 - 10 - Item II-G.1b. PRESENTATION ITEM # 23197 Mayor Heischober presented RESOLUTIONS IN RECOGNITION t.: Lt. J. D. Hicks Bruce Payne These Resolutions recognized the "LIFE-SAVING ATTEMPTS" of the above gentlemen in connection with the Life-Saving Attempt of 5-year old Clarence Neely, III on Thursday, January 24, 1985. Reginald Johnson, a student at ECPI Computer School, died in his attempt to save Clarence Neely. Members of the Johnson and Neely family were presetit and received copies of the aformentioned Resolutions. Mayor Heischober advised the ultimate sacrifice of Reginald Johnson will be specifically recognized upon receipt of more information from North Caroli@a. February 11, 1985 Item 11-G. 2 ANNOUNCEMENTS BIRTHDAYS ITEM 23198 Mayor Heischober recognized the BIRTHDAys of the following Council Members: Meyera E. Oberndorf February 10, 1985 John Baum February 11, 1985 J. Henry McCoy, Jr., D.D.S. February 15, 1985 Louis Jones February 17, 1985 Robert E. Fentress February 26, 1985 February 11, 1985 - 12 - Item II-H. 1 PLANNING ITEM # 23199 Upon motion by Cuncilman McCoy, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of OUILET MALL PROPERTIES AND MARJ CORPORATION for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF OUTLET MALL PROPERTIES AND MARJ CORPORATION FOR A CONDITIONAL USE PERMIT FOR THE SALE OF TIRES, TIRE ACCESSORIES AND RELATED ITEMS Ordinance upon application of outlet Mall Properties and Mari Corporation, for a Conditional Use Permit for the sale of tires, tire accessories and related items on certain property located on the east side of Independence Boulevard beginriing at a point 486 feet south of the Norfolk & Southern Railroad right- of-way. Said parcel is shown at N.T.W. Site on plans on file in the Department of Planning and contains 11,450 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Healey, 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 February 11, 1985 - 13 - Item 11-H.2 PLANNING ITEM # 23200 Mike Milanovich, resident and Past President of Kempsville Civic League, spoke iii oppostion. N. R. Culbertson, resident, registered in opposition but did not speak TJpon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of JONES AND FRANK OIL EQUIPMENT CORPORATON for a Conditional Use Permit as per the following: ORDlNANCE UPON APPLICATION OF JONES & FRANK OIL EQUIPMENT CORPORATION FOR A GAS STATION IN CONJUNCTION WITH A CON- VENIENCE FOOD STORE Ordinance upon application of Jones & Frank Oil Equipment Corporation for a Conditional Use Permit for a gas station in conjunction with a convenience food store on certain property located at the southeast corner of Princess Anne Road and Parliament Drive on Parcel E, Section One, Arrow- head. Said parcel contains 41,818 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Couticil Members Voting Nay: None Council Members Absent: None February 11, 1985 - 14 - Item II-H.3 PLANNING ITEM # 23201 Michael Resh, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of GSCR ASSOCIATES for a Conditional Use Permit as per the followiiig: ORDINANCE UPON APPLICATION OF GSCR ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE GAS STATION R0285718 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of GSCR Associates, for a Conditional Use Permit for a self-service gas station on certain property located on the west side of Oceana Boulevard, 970 feet more or less north of Dam Neck Road. Said parcel contains 25,700 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Dedication of appropriately sized scenic easement, and a controlled access easement along the frontage on Oceana Boulevard as per the Master Street and Highway Plan. 2. Public restrooms are to be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleveiith day of February, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None February 11, 1985 Council Members Absent: - 15 - Item 11-H.4 PLANNING ITEM # 23202 David Eckhardt, Real Estate Broker and Principal in S.I.R., Ltd., represented the applicant Barbara Ferguson, President of the Hunt Club Forest Civic Association, spoke in favor of the application Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of S.I.R., LTD. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF S.I.R., LTD. FOR A CHANGE OF ZONINING DISTRICT CLASSIFICATION FROM AG-1 TO R-5 zo285954 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of S.I.R., Ltd., for a Change of Zoning District Classification from AG-1 Agricultural District to R-5 Residential District on certain property located 1650 feet more or less South of London Bridge Road, 120 feet more or less east of Windy Pines Bend. Said par- cel is located at 2341 London Bridge Road and contains 1.8 acres. Plats with more detailed information are avail- able in the Department of Plaiiniilg. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of February, Nineteen Hundred aitd Eighty-five. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: None February 11, 1985 - 16 - Item II-H.5 PLANNING ITEM # 23203 Norman Biggs, represented the applicant Upon niotion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Couacil ADOPTED an Ordinance upon application of WINIFRED B. JOHNSON AND MR. AND MRS. DANIEL GORDON for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF WINIFRED B. JOHNSON AND MR. AND MRS. DANIEL GORDON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Z0285955 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Winifred B. Johnson and Mr. and Mrs. Daniel Grodon, for a Change of Zo District Classificatioii from A-1 Apartment District to B-2 Community usiness District on Lots 1-20, Block 4, Pecan Gardens. Said parcel is located at 3642 Holland Road and contains 1.11 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of February, Nineteen Hundr ve. 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 February 11, 1985 Council Members Absent: None - 17 - Item II-H.6 PLANNING ITEM # 23204 Attorney Grover Wright represented the applicant Barbara Ferguson, President of the Hunt Club Forest Civic Association, spoke in favor of the application Michael Ludwig, registered in opposition but did nOt speak Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ADOPTED Odinances upon application of ROSEMARY E. SMITH for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 R-6 (AS MODIFIED) Z0285956 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Rosemary E. Smith for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 R-6 (AS MODIFIED) Residential District on certain property To-cated 250 feet more or less south of London Bridge Road, 540 feet more or less west of Hunts Neck Trail. Said parcel contains 5.5 acres more or less. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 R-6 (AS MODIFIED) Z0285957 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Rosemary E. Smith, for a Change of Zoning District Classification from AG-1 Agri- cultural District to R-8 R-6 (AS MODIFIED) Residential District on certain property located 650 feet more or less south of London Bridge Road, 650 feet more or less west of Hunts Neck Trail. Said parcel contains 7 acres more or less. Plats with more detailed information are available iii the Department of Planniiig. PRINCESS ANNE BOROUGH. A N D, February 11, 1985 - 18 - Item II-H.6 PLANNING ITFM # 23204 (Co-ti-.ed) ORDINANCE UPON APPLICATION OF ROSEMARY E. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 R-6 (AS MODIFIED) Z0285958 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Rosemary E. Smith, for a District Classification from R-3 Resi- tential District to R-6 Residential Dist,ict (AS MODIFIED) on certain r-P-@ty located . t@. .0-Uth side of Loiidon Bridge Road, 500 feet more or less west of Hunts Neck Trail. Said parcel contains 2 acres more or less. Plats with more detailed information are available in the Departme.t Of Planning. PRINCESS ANNE BOROUGH. The following condition shall be req,ired: 1. The applicant has voluntarily agreed to submit a deed restriction limiting the desity to 3 dwelling units per acre, to be re,,,rded in the Office of the Clerk of the Circuit Court. These Ordinances Shall be effective upon the date of adoptioj,. Adopted by the Council of the City of Virginia Beach, Virginia, o, the Eleventh da@ of FebruarY, Nineteen Hundred and Eighty-five, Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, R,bert E. Fentress, Mayor Harold Heischober, Barbara M. Healey, H. Jack Jenaings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones COuncil Members Absent: None February 11, 1985 - 19 - Item II-H.7 PLANNlNG ITEM # 23205 Attorney Gleii Croshaw represented the applicant and conveyed their request this application by AMENDED TO 0-1 and one further restriction of having only one curb cut on the site will be added. Lou Pace, representing Virginia Beach Civic Coalition and resident of Hunt Club Forest, spoke in opposition Janice Barber, Vice President of Red Mill Farms Civic Association, spoke in opposition A MOTION was made by Vice Mayor McClanan, seconded by Councilman Baum to DENY an Ordinance upon application of VIRGINIA S. GODWIN AND LEIGH S. HUSTON for a Change of Zoning from AG-2 Agricultural District to B-2 Community Business District on a 37,732.885-square foot parcel located on the south side of Old Dam Neck Road adjacent to Oceana Boulevard (Princess Anne Borough) A SUBSTITUTE MOTION was made by Councilman Louis Jones, seconded by Councilman Fentress, to ADOPT an Ordinance upon application of VIRGINIA S. GOODWIN AND LEIGH S. HUSTON for a Change of Zoning from AG-2 Agricultural District to 0-1 Office District (AS AMENDED) on a 37,732.885-square foot parcel located on the south side of Old Dam Neck Road adjacent to Oceana Boulevard (Princess Anne Borough) Voting: 5-6 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Robert E. Fentress, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Nancy A Creech, Mayor Harold Heischober, Barbara M. Henley, Vice Mayor Reba S. McClanan, and Meyera E. Oberndarf Council Members Absent: None February 11, 1985 - 20 - Item II-H. 7 PLANNING ITEM # 23205 (Continued) Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of VIRGINIA S. GODWIN AND LEIGH S. HUSTON for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF VIRGINIA S. GODWIN AND LEIGH S. HUSTON FOR A CRANGE OF ZONING DISTRICT CLASSIFIFICATION FROM AG-2 TO B-2 Ordinance upon application of Virginia S. Godwin and Leigh S. Huston, for a Change of Zoning District Classi- fication from AG-2 Agricultural District to B-2 Community Business District on certain property located on the east side of Oceana Boulevard, south of Old Dam Neck Road. Said parcel is located at 1097 Old Dam Neck Road and contains 37,732.885 square feet. Plats with more de- tailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Robert E. Fentress, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None February 11, 1985 - 21 - Item II-I.1 RESOLUTIONS ITEM # 23206 Upon motion by Councilman McCoy, seconded Councilwomaii Oberndorf, City Council ADOPTED the following: RESOLUTION INVITING AND ENCOURAGING THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL REVENUE BONDS IN THE AMOUNT OF $6,500,000 FOR THE BENEFIT OF BRANDYWINE ASSOCIATES. Bradywine Associates desires to develop a 172-unit residential rental apartment project on 9.2 acres located at the southwest corner of Baker Road and Lake Edward Drive. The staff has determined that this property is zoned A-2. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Healey, 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 February 11, 1985 21a SUM"Y SHELPT CITY OF VIRGrmiA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE 13OND TO BE ISSUED BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: Brandywine Associates Project 9.2 acres at the Southwest Corner of 2. LOCATION: Baker Road and Lake Edward Drive Virginia Beach, Virginia 3. DESCRRPTION Of PROJECT: 172-Unit Residential Rental Apartment Project 4. AMOUNT OF BOND ISSUE: $6@500,000 S. PRINCIPALS: GENERAL PARTNERS: Amurcon Corporation of Virginia Robert W. Schaberg Barton M. Berman LIMITED PARTNERS: Robert-W. Schaberg Barton M. Berman 6. ZONING CLASSIFICATION: a. Present zoning classification of the Fcoperty A-3 b. Is rezoning proposed? Yes No XX c. If so, to what zoning classification? N/A The purpose of this Resolution is to encourage the Newport News Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Brandywine Associates. February 11, 1985 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: January 22, 1985 TO: THE CITY COUNCIL OF VIRGINRA 3EACH, VIRGINIA PROJECT NAME: Brandywine Associates Project TYPE OF FACILITY: 172-unit Rental Apartment Project 1. MaxiMum amount of financing sought $6,500,000 2. Estimated taxabl* valut of the facility's real prop*rty to be constructed in tho municipality $6,500,000 3. Estimated real proporty tax per year using pr*sent tax rates $41,500 4. Estimated personal proptrty tax per year using pres*nt tax rates S N/A 5. Estimated merchants' capital (business license) tax per yoar using present tax rates $ N/A 6. Estimatod dollar value per year of goods and servic*s that will b& purchased locally $300,000---- 7. Estimated numb*r of regular employees on year round basis 3 8. Average annual salary per employe* $12,000 The information contain*d in this Statement is based solely on facts and astimat*s provided by tho Applicant, and the Authority has made no independent investigation with repoct thereto. City of Virginia Beach Devolopment Authority By CFai-rmiE-- PROJECT NA14E: Brandywine Associates Project PROJECT ADDRESS: 9.2 Acres at Southwest Corner of Baker Road and Lake Edward Drive TYPE OF PROJECT: 172-Unit Residential Rental Apartment RESOLUTION WHEREAS, Brandywine Associates, a Virginia limited partnership (the "Developer") desires to construct housing in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, the City wishes to induce the construction of such housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the construction of said housing with the proceeds of industrial development revenue bonds exempt from taxation pursuant to 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Newport News Redevelopment and Housing Authority (the "Authority") has the power to make loans for assistance in housing construction and is willing to issue bonds for the benefit of the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need tor tbe Authority to exercise its aforesaid powers within the City for the purposes hereinabove described, and the Authority is invited and encouraged to issue its bonds for the benefit of th, Developer and the furtherance of said purposes. 2. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer, or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest due thereon or other cost, incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. February Adopted this day of #2y. 1985. 2 February 11, 1985 - 22 - Item II-1.2 RESOLUTIONS ITEM # 23207 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council ADOPTED a Resolution in support of a proposal by the NATIONAL LEAGUE OF CITIES on RATE REGULATION OF CABLE TELEVISION. This Resolution shall be forwarded to the FEDERAL COMMUNICATIONS COMMISSION and the NATIONAL LEAGUE OF CITIES. Voting: 8-3 Council Members Voting Aye: Nancy A. Creecht Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jolies, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Mayor Harold Heischober, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *Verbal Aye February 11, 1985 - 22a REQUESTED BY: COUNCILMAN ROBERT G. JONES RESOLUTION IN SUPPORT OF A PROPOSAL BY THE NATIONAL LEAGUE OF CITIES ON RATE REGULATION OF CABLE TELEVISION WHEREAS, the Cable Communications Policy Act of 1984 sets up standards which affect the manner by which cities may requlate the rates charged for basic services; and WHEREAS, the Notice of Proposed Rulemaking issued by the Federal Communications Commission contains provisions that would preclude rate regulation in systerns which serve over 72% of the nation's cable television subscribers; and WHEREAS, the National League of Cities, on behalf of cities which have granted cable franchises, has proposed a dif.@erent method which would allow a city to regulate rates for basic service unless the city is served by: (1) five or more over-the- air stations, including affiliates of each of the major television networks, an independent commercial station, and an educational or public broadcasting station; and (2) an economically-viable competitor which provides at least five channels of multi-channel service; and WHEREAS, the City of Virginia Beach is not served by an economically-viable competitor and, therefore, if the proposal by NLC were adopted, the City would be able to continue to engage in rate regulation for the provision of basic service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH THAT it strongly endorses the proposal by the National League of Cities and calls upon the FCC to adopt the comments proposed by NLC in order to provide that cities may continue to regulate rates in cities where effective competition does not exist. ADOPTED THIS 11 DAY OF Febritary 1985. February 11, 1985 - 23 - Item II-J. CONSENT AGENDA ITEM # 23208 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION ltems 1 through 11 of the CONSENT AGENDA. 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 February 11, 1985 - 24 - Item II-J.1 CONSENT AGENDA ITEM # 23209 Upon motion by Councilwoman Creech, Seconded by Councilwoman Oberndorf, City Council ADOPTED a RESOLUTION IN PECOGNITION: Harry M. Carter, Jr. Member Transportation Safety Commission 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 February 11, 1985 - 24a RESOLUTION OF APPRECIATION TO HARI?Y M. CARTER, JR. WHEREAS: Harry M. Cazter, Tr. sez-ved as a member of the Transportation Safety Commission, he has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved peraonal sacrifices and inconveniences, not only to him but frequently to his famity. We trust much satisfaction waa reatized in successfully admini8tering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metro- polis. Advisors and Volunteera @e saved the City untold dol@s, but, more importantly, our successful growth depends upon them. His footpz-ints in the sands of time witt tong reflect the tremendous strides of his service. NCW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliber-ations to express pride in and deepest gratitude for this service to HARI?Y M. CARTER, JR. BE IT FURTHER RESOLVED: That thie Resolution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Council this Eteventh day of February, Nineteen Hundred Eighty-Five. ha,,d @ seal, Mago-rl February 11, 1985 - 25 - Item 11-J. 2 CONSENT AGENDA ITEM # 23210 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Councii ADOPTED a RESOLUTION IN RECOGNITION: Helen Dungee Member Virginia Areawide Model Program 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 Mrs. Dungee advised the correct spelling of her name is Helma. The correct name of the organization is Southeastern Virginia Areawide Model Program. February 11, 1985 - 25a RESOLUTION OF APPRECIATION TO HELEN DUNGEE WHEREAS: Helen Dungee served as a member of the South- eastez-n Virginia Areawide modet Program for ten years, she has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, her dedication and unselfish service have involved personal sacrifices and inconveniences, not only to her but frequently to her famity. We trust much satisfaction waa reatized in auccessfully administering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metro- polis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our succesefut growth depends upon them. Her footpz-ints in the sands of time will tong reflect the tremendous strides of her service. NOIW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembled pauses in its deliberationa to express pride in and deepest gratitude for these years of service to HELEN DUNGEE BE IT F[IRTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Council this Eleventh day of February, Nineteen Hundred Eighty-Five. un my @ia?u February 11, 1985 - 26 - Item II-J.3 CONSENT AGENDA ITEM # 23211 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED a RESOLUTION IN RECOGNITION: A. Lee Lively Member Arts and Humanities Commission 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 February 11, 1985 - 26a RESOLUTION OF APPRECIATION TO A. LEE LIVELY WHEREAS: A. Lee Lively sezved as a member of the Arts and Humanities C@ssion for five yeara, he has served willingly and untiringly in behatf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and inconveniences, not only to him but frequently to his famity. We tz-ust much satiefaction was reatized in auccessfutly adminiatering in this advisory capacity--not only to City Council but atso to the citizens of this fast-groving metro- polis. Advisors and Volunteers have saved the City untold dotLars, but, more importantly, our successful growth depends upon them. Hia footprints in the sands of time will tong reftect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its delibez-ations to express pride in and deepest gratitude for these years of 8ervice to A. LEE LIVELY BE IT FURTHER RESOLVED: That this Resolution be frwned for presentation with a copy spr@ upon the Minutes of this Format Session of Virginia Beach City Councit this Eleventh day of February, Nineteen Hundred Eighty-Five. oil February 11, 1985 - 27 - Item II-J.4 CONSENT AGENDA ITEM # 23212 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED a RESOLUTTON IN RECOGNITION: Harry Sandler Member Development Authority 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 February 11, 1985 - 27a RESOLUTION OF APPRECIATION TO HARRY SANDLER WHEREAS: Harry Sandler served as a member of the Development Authority, he has served @llingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and inconveniences, not onty to him but frequently to hi8 famity. We trust much sati8faction was realized in suocesafully administeiqng in thi8 advisory capacity--not only to City Council but also to the citizens of this fast-growing metro- polis. Advisors and Volunteers have saved the City untold dottars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will tong reflect the tremendous strides of his service. NCW, THEREFORE, BE IT RESOLVED: That the Vi@qinia Beach City Council here assembled pauses in its deliber-ations to express pride in and deepest gratitude for thie Bervice to HARRY SANDLER BE IT FURTHER RESOLVED: That this Resolution be frwned for presentation with a copy spread upon the minutes of this Formal Session of Virginia Beach City Council this Eteventh day of February, Nineteen Hundred Eighty-Five. hand and seal, Y@r February 11, 1985 - 28 - Item II-J.5 & 6 CONSENT AGENDA ITEM # 23213 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED RESOLUTIONS IN RECOGNITION to: Lt. J. D. Hicks Bruce Payne These RESOLUTLONS recognized the "LIFE-SAVING ATTEMPTS" of the above gentlemen in connection with the Life-Saving Attempt of 5-year Clarence Neely, 1II on Thursday, January 24, 1985. Vatiiig: 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 February 11, 1985 - 28a - RESOLUTION LIFE-SAVZNG ATTEMPT WHEREAS: On Thursday, January 24, 1985, 5-year old Clarence Neely XXX, son of Mr. and Mrs. Clarence Neely 11, 5700 block of Accomac Square, Virginia Beach, was playing with other children in an area to the rear of an apartment complex in the D@ond Springs area when he began shoe-skating on the ice. The ice broke and Clarence fell In. His 8-year old brother, Dametrius, and a friend, Marvin Rocd, plunged Into the icy,waters In an effort to rescue Clarence. They managed to pull themselves free and ran for help. A neighbor, Clara Baldwin, called the emergency rescue squad. Reginald Johnson and Bruce Pa!;ne, students at ECPX Computer School, heard that a child from their neighborhood had fallen into Lake Whitehurst and ran to the shoreline. Clarence's mother pleaded for help to save her small son. Payne and Johnson went onto the Ice and they, too, fell Into the depths of the lake. As they struggled, Chesapeake Firef.Lghters arrived and Lt. J. D. Hicks tied a rope around himself, gave the anchor end to someone on the shore and slid onto the Ice on his chesti WHEREAS: Rescue efforts were hampered by the thin ice covering the @e and the extreme cold weather. At approximately 5:00 p.m., Lt. Hicks pulled Bruce onto the broken Ice. Jo@on pushed Payne forward within reach of the rescuers and then slipped underneath and drowned. At 5:27 p.m. the body of Clarence Neely ill was pulled from the water, adm@stered mouth-to-mouth resuscitation and taken by ambu@ce to Humana Bayside Hospital where he was pronounced dead at about 7:25 p.m. Bruce Payne was treated at the hospital and later released; and WHEREAS: The clock of life Is wound but once, And no man has the power-- To tell just when the hands will stop, At late or early hour. Wbat do we live for? Xs It not to make life less difficult for each other and give purpose to our own? NOW, THEREFORE, BE IT RESOLVED: That In recognition of his brave and unselfish conduct during this life saving event, the Virginia Beach City Council does publicly recognize Lt. J. D. H I C K S for hls expedient efforts and thank him for the saving of another citizen's life. Given under my hand and seal this Eleventh day of February, Nineteen Hundred Eighty-Five. Mayor February 11, 1985 28b RESOLUTZON LZPB-SAVZNG ATTExpr NWEREAS: On Thursday, January 24, 1985, 5-year old Clarence Neely xzxl son of Mr. and Mrs. Clarence Seely XX, 5700 b@k of Acconac Square, Vlrginia Beach, vas playing vith other children In an area to the rear of an apartment complex in the Diamond Springs area when he began shoe-skating an the Ice. T!be ice broke and Clarence fell In. His 8-year old brother, Dometrlus, and a friend, Marvin Hood, plunged .into the Icy vaters in an effort to rescue Clarence. rhey managed to pull themselves free and ran for help. A neighbor, Clara Baldwin, called the emergency rescue squad. Reginald Johnson and Bruce Payne, students at SCPZ Computer School, heard that a child from their neighborhood had fallen into Lake Whitehurst and ran to the shoreline. Clarence's mother pleaded for help to save her small son. Payne and Tohnson vent onto the Ice and they, too, fell Into the depths of the @e. As they struggled, Chesapeake Firefi!7hters arrlved and Lt. J. D. Hicks tied a rope around himself, gave the anchor end to someone on the shore and slid onto the Ice on his chest; NERREAS: Rescue efforts vere hampered by the thin ice coveringr the lake and the extreme cold weather. At approximately 5:00 p.m., Lt. Hicks pulled Bruce onto the broken ice. Johnson pushed Payne forward vithin reach of the rescuers and then slipped underneath and drowned. At 5:27 p.m. the body of Clarence Neely XXX vas pulled from the vater, administered mouth-to-mouth resuscitation and taken by ambulance to Humana Dayside Hospital vhere he was pronounced dead at about 7:25 p.m. Bruce Payne was treated at the hospital and later released; and NERREAS: The clock of life is wound but once, And no man has the powez-- To tell just when the hands vill stop, At late or early hour. Nhat do ve live for? Xs it not to make life less difficult for each other and give purpose to our own? NOW, THEREFORE, BE XT RESOLVED: That In recognition of his brave and unselfish conduct during this emergency situation and unfor@ate incident, the Virginia Beach City Council publicly recognizes B R U C E P A Y N B for his courageous action and thanks him for acting "beyond the call to duty' in the best tradition of Virginia Beach. Given under my hand and seal thls Eleventh day of rebruary, Nineteen Hundred Eighty-Five. mayor February 11, 1985 - 29 - Item II-J.7 CONSENT AGENDA 1TEM # 23214 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute agreements of lease for the GREEN RUN FARM with the City of Norfolk and NEWMAN BROTHERS. Newman Brothers submitted a bid for the sublease in the amount of $10,560. 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. Obertidorf Council Members Voting Nay: None Council Members Absent: None February 11, 1985 29a A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREE.14ENTS OF LEASE FOR THE GREEN RUN FARM WHEREAS, since 1973, Virainia Beach has leased from the City of Norfolk a 100 acre tract of land in the Green Ruh Farm area adjacent to Princess Anne Park, and WHEREAS, Virginia Beach, in turn, has subleased this property to a local farmer, based upon a competitive bid, and WHEREAS, the current lease and sublease expire on January 30, 1985, and the following bids have been received for the sublease for the Deriod January 31, 1985 to January 30, 1990: Bidder Annual Lease Ainount Newinan Brothers $10,560 Charles W. Shirley 8,000 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the high bid of Newman Brothers in the annual lease amount of $10,560 is hereby accepted and the City Manager is hereby authorized to enter into the necessary agreements of lease with the City of Norfolk and Newinan Brothers for the Norfolk owned Droperty in the Green Run Farm Area. This resolution shall be effective from the date of its adoption. Ado-Dted by the City Council of the City of Virginia Beach, Virginia on the 11 day of February 1985. February 11, 1985 AGREEMENT OF LEASE THIS AGREEMENT OF LEASE, made this day of 19_, by and between the CITY OF NORFOLK, a municipal corporation of the State of Virginia, hereinafter called "Lessor," and the CITY OF VIRGINIA BEACH, hereinafter called 'Lessee.' WITNESSETH, that the Lessor lets unto the Lessee all that certain property containing 100 acres, more or less, being a portion of the land referred to as the 'Green Run Farm," located in the City of Virginia Beach, and more particularly shown on the plat attached hereto and made a part hereof. The above letting is on the following terms and conditions: 1. This lease shall commence on January 31, 1985, and expires on January 30, 1990, at midnight. 2. Either party hereto may terminate this lease at any time during the term of said lease by giving the other party hereto written notice of at least six (6) months prior thereto. The Lessor reserves the right to mail by ordinary mail said notice to terminate lease, or to deliver said notice to the Lessee or any authorized agent of Lessee. The Lessee accepts these conditions as the legal means to cancel lease. 3. The rent for the entire term of this lease shall be FIFTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($52,800.00). This amount shall be known as the "full rental amount' and consist of payments payable in equal installments of FIVE THOUSAND TWO HUNDRED AND EIGHTY DOLLARS ($5,280.00) semi-annually on each January 31 and September 1. Checks shall be made payable to the City Treasurer, and mailed to the City Real Estate Agent, Room 407, City Hall, Norfolk, Virginia 23501. 4. The property shall be used exclusively for agricultural purposes. 5. No timber shall be removed from the leased area without the written consent of the Lessor, except for ordinary maintenance of said land. 6. The Lessee shall have the right to sublease the property under the same terms ahd conditions as contained herein and, notwithstanding the provisions of Item 3 of this agreement, may deduct advertising expenses related to such subleasing activity from the rental payment amounts due to the Lessor. 7. The Lessee shall keep in full force and effect public liability insurance in some company authorized to do business in the State of Virginia, insuring the City of Norfolk in the amounts of $100,000.00 for the death of or injury to any one person in any one accident; $300,000.00 for the death of or injury to more than one person in any one iccident; and $25,000.00 for damage to or destruction of property in any one accident against liability from any and all claims, actions and suits that may be asserted or brought against the City of Norfolk for any injury to or death of any person or persons or for any damage to or destruction of property resulting from the ownership, use, occupancy, repair, maintenance or upkeep of said property. Evidence of such insurance shall be filed with the Director of General Services, Room 304, City Hall Building, Norfolk, Virginia 23501. -2- 8. Any taxes imposed on this property will be the responsibility of the Lessee. IN WITNESS WHEREOF, the City of Norfolk has caused this lease to be executed in its name and on its behalf by is proper officer or officers, duly authorized; and the City of Virginia Beach has caused the same to be executed in its name and on its behalf by its proper officer or officers, duly authorized. CITY OF NORFOLK BY ATTEST: Approved as to Form and Content: CITY OF VIRGINIA BEACH BY Thomas H. Muehle beck, City Manager ATTEST: Ruth Hodges Smith, City Clerk cil, APPROVED AS TO FORM -3- DEPAUMEW OF LAW THIS AGREEMENT OF LEASE, made this Fifteenth day of January -, 1985, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Lessor", party of the first part, and Newman Brothers, 717 London Bridge Road, Virginia Beach, Virginia, hereinafter referred to as "Lesseell, party of the second part. W I T N E S S E T H: That the Lessor, for and in consideration of the rent and covenants and agreements to be kept and performed by the parties hereto, agrees to rent, lease and farm-let, and does by these presents hereby rent, lease and farm-let to the Lessee, and Lessee does hereby accept said lease upon the terms and conditions set forth herein, all that certain farm, tract or parcel of land, together with the barns, buildings and appurtenances thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and more particularly described as follows: That parcel of land outlined in red designated as 100.001 acres to be retained by City of Norfolk, on that certain plat entitied "PLAT OF GPEEN RUN FARM", owned by City of Norfolk, Virginia, located in Seaboard Magisterial District, Princess Anne County, Virginia, dated December, 1959, and revised August, 1966, Prepared by Division of Surveys, Department of Public Works, Office of the Circuit Court of Virginia Beach, in Map Book 72, at Page 83, a copy of which is attached hereto and made a part hereof. THIS LEASE is conditioned upon the following terms, conditions and covenants: 1. This lease is subject to the provisions of the leas, of the subject property between the City of Norfolk and the lessor, dated the day of , 19-. 2. This lease shall cormence on January 31, 1985, and expire on January 30, 1990, at midnight. 3. It is understood and expressly agreed between the Lessor and Lessee that this lease may be terminated by the Lessor at any time during the term, upon t.he giving of thirty (30) days written notice to the Lessee of the Lessor's intention to so terminate. 4. Upon termination of the lease, or any part thereof, prior to the end of the term, Lessor shall pay to Lessee a mutually agreed upon sum for the unharvested crops thereon, and Lessor shall refund any rent monies paid in excess of the actual time of occupation under the terms of this lease to be determined by twelve (12) months equally divided rental base. 5. The Lessee shall pay as rent for the said tract of land or farm, together with the barns, buildings and appurtenances thereon, a full rental amount of Fifty-Two Thousand Eight Hundred Dollars ($52,800.00) payable as follows: Four Thousand Seven Hundred Fifty-Two Dollars ($4,752.00) [5,280.00 less bid deposit of $528.001 on or before thirty (30) days from the date first above written; Five Thousand Two Hundred Eighty Dollars ($5,280-00) on or before August 31, 1985; Five Thousand Two Hundred Eighty Dollars (5,280.00) on or before January 31, 1986; Five Thousand Two Hundred Eighty Dollars ($5,280.00) on or before August 31, 1986; Five Thousand Two Hundred Eighty Dollars ($5,280-00) on or before January 31, 1987; 2 - Five Thousand Two Hundred Eighty Dollars ($5,280-00) on or before August 31, 1987; Five Thousand Two Hundred Eighty Dollars ($5,280.00) on or before January 31,1988; Five Thousand Two Hundred Eighty Dollars ($5,280.00) on or before August 31, 1989; Five Thousand Two Hundred Eighty Dollars ($5,280.00) on or before January 31, 1989; Five Thousand Two Hundred Eighty Dollars ($5,280.00) on or before August 31, 1989. In the event that the rental payment is not received on the date/dates specified above, the Lessee hereby covenants and agrees to pay a late fee equal to ten percent (10%) of the total annual rent specified above. Lessor expressly reserves all other rights and remedies provided herein and/or by law in respect thereto. 6. The premises are leased by Lessor to Lessee "as is", and the sole responsibility for the maintenance and upkeep of the premises shall be with the Lessee. 7. Lessee agrees to protect and to hold Lessor harmless from all damage or injury to person or property which may result from Lessee's use or occupancy of the premises, and to protect and indemnify the City of Virginia Beach, Virginia and its officers and employees from any and all claims, demands, suits, actions, judgments and recoveries for or on account of damage or Injury, including death, to property or person occurring on the leased premises. S. Lessee shall not assign this lease agreement, or sublet, or underlet the farm or parcel or any portion thereof without the prior written consent of the Lessor. 9. Lessee agrees that he will manage and keep the land, buildings and fences belonging to the hereinabove described farm or tract in as good condition as they are at the corrrnencement of this lease, unavoidable accidents excepted; Lessee further agrees that he will deliver up possession of the said premises at the end of said term of lease or upon earlier termination of said lease as provided for in Section 3 above, in as good order and condition as the same are now, unavoidable accidents as aforesaid and reasonable wear and tear to the buildings excepted. 10. Lessee covenants that the property shall be used only for agricultural purposes, and further covenants that no timber shall be removed from the leased premises without the written consent of the Lessor, except for ordinary maintenance of said land. 11. The Lessee hereby authorizes an attorney at law to appear in any court of record in the 5tate of Virginia, or any other state in the United States, on default in the payment of any installment due on the above obligation, and waive the issuance and service of process, and confess a judgment against the Lessee in favor of the Lessor hereof for the amount of rent owed, together with costs of suit and reasonable attorney's fees, and to release all errors and waive all right of appeal. 12. The Lessee hereby agrees that this lease shall be terminated and all rights forfeited upon breach of any of the foregoing conditions upon ten (10) days written notice of the breach. -4- IN WITNESS WHEREOF, said Lessor and said Lessee have executed this lease in duplicate originals, one of which is retained by each of the parties, this day and year aforesaid. CITY OF VIRGINIA BEACH By City Manager (SEAL) City Clerk @y Newman of Newman Brothers Approved As To Contents F@ce Departme6l Approved As To Form Crty Attorney STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager, and RUTH HODGES SMITH, City Clerk, for the City of Virginia Beach, Virginia whose names as such are signed to the writing above bearing date the - day of , 19 _ , have acknowledged the same before me in my City and State aforesaid. Given under my hand this - day of 19-. Notary Public My Commission Expires: -5- STATE OF VIRGINIA. CITY OF to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Guy Newman of Newman Brothers, 717 London Bridge Road, Virginia Beach, Virginia whose name as such is signed to the foregoing writing, bearing date the day of 19@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 9 day of I 9 Notary Public My Commission Expires: -6- - 30 - Item II-J.8 CONSENT AGENDA ITEM # 23215 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute a cost participation agreement with OFF-PRICE FACTORY MALL ASSOCIATES for SEWER FACILITIES AT HILLTOP. 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 February 11, 1985 30a A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH OFF-PRICE FACTORY MALL ASSOCIATES FOR SEWER FACILITIES AT HILLTOP WHEREAS, Off-Price Factory Mall Associates is desirous of developing land located at Hilltop in the Lynnhaven Borough in accordance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into a cost participation agreement requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide sewer service to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $3,064 for sewer improvements with such costs to be charged to existing capital project #6-316 Various Sewer Projects, and WHEREAS, such construction at tbis time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the City Manager is hereby authorized to execute a cost participation agreement with Off-Price Factory Mall Associates for construction of sewer facilities at Hilltop. Said agreement is attached hereto and the same is hereby approved. This resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of February , 1985. February 11, 1985 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AMP@T, Made this day of 198-, by and between hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of Remaining Portion of Parcel 2-A-1 (M. B. 1 1 1 , P. and WHEREAS, Owner ;is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREA,S, the City has requested that such construction be greater in scope than is necessary to provide service to this Project: and @EAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is attached hereto as Exhibit A. 2. The City shall make cash payment to Owner in the 4mount of $ 3,064.00 after successful completion of the System and acceptance thereof by the City in accordance with Exhibit A. 3. The Ci.ty shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the System. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof,'the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. -2- IN WITNESS WliEREOF, Off Price Factory Mall Associates I ------------ has caused its name to be herc,.iinto signed by @W th M. o W@@ and tbe City of Virginia Beach, Virginia, - - -------- - - - ---------- has caused its name to be lieretinto signed by its City @liii;ti;er. WITNESS the following signatures and seals. APPROVED AS TO CotiTZ@..-7,i SIGN-T- APPROVL:: CITY OF VIRGINIA BEACH CITY By (UE:Ci-I-Ai-iFa Oe r@ ATTEST: APPROVED AS TO CONTENTS: APPROVED AS TO FORM: ------Uf@Attornei Depa Utilities each Gtnei fb CAII '$4 SEWER PIPE I PLACING STING 8" SEWER PIPE in AVI 2 .0-WE AVI nn :ia pi PAD kwl C--. C"IS-L FOR OFF FLC70RY Cji-l't-',,i7T '-!A.LL /T IIILL'IOP @@o new service connec'@-@:ons are required with this cost par'6icipation agreer.Lnt. - 31 - Item II-J.9 CONSENT AGENDA ITEM # 23216 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $175,000 from Fund Balance to Project 2-025 MASTER STREET AND HIGHWAY PLAN UP-DATE for a Comprehensive Up-Date. Voting: 11-0 Council Mernbers 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 C. 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 February 11, 1985 31a AN ORDINANCE TO APPROPRIATE 6175,000 FROM FUND BALANCE TO PROJECT 2-025 MASTER STREET AND HIGHWAY PLAN UPDATE FOR A COMPREHENSIVE UPDATE WHEREAS, the city staff realizes the need for a comprehensive update of the Master Street and Highway Plan to analyze present and potential traffic flow problems on city roads, and WHEREAS, the city recently has completed negotiations with the con- sulting firm of Harland-Bartholomew and Associates, Inc. for conducting a study on the Master Street and Highway Plan and recommending solutions to traffic congestion problems, and WHEREAS, the cost of the consultant agreement is estimated at $175.000 and is to be financed from general fund balance, NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA BEACH that project 2-025 Master Street and Highway Plan Update is hereby established as a capital project and that $175,000 is transferred from general fund balance to the Engineering and Highways Capital Project Fund to finance the update. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to execute the agreement with Harland-Bartholomew and Associates, Inc. for a study on the Master Street and Highway Plan. First Reading: February 4, 1985 Secottd Reading: February 11, 1985 Approved by the Council of the City of Virginia Beach on the 11 day of February 1985. February 11, 1985 L-1-ORDII - 32 - Item II-I-10 CONSENT AGENDA ITEM # 23217 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, CitY Council APPROVED the following RAFFLE PERMIT: BACK BAY WILDFOWL, INC. 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 February 11, 1985 - 33 - Item 11-1.11 CONSENT AGENDA ITEM # 23218 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds upon application of certain persons and upon certification of the Treasurer for payment in the amount of $5,403.51. 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 February 11, 1985 FORM NO. C.A. 7 - 33a - 1/24/85 EML AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tion No. Paid Rogelio B Mendez 84 pp 192633-7 11/16/84 160.98 Ann Marie Cole 84 pp 30046-1 6/5/84 102.78 Dale S Sodervick 83 pp 133148-1 6/5/83 21.30 Lawrence Huggins 82 pp 154984-4 5/11/84 42.56 Lawrence Huggins 83 pp 172599-2 7/19/84 42.56 Gordon Harper Auto Sales 84 pp 184153-4 12/5/84 185.64 Earl & Theora Hydeman 84 pp 187394-6 11/30/84 205.14 G & G Industries Ltd 84 pp 54811-4 6/5/84 95.76 Keith M Adams 84 pp 171892-7 12/5/84 8.22 Keith & Cheryl Adams 84 pp 171893-6 12/5/84 41.04 Larry E Walter 84 pp 159528-5 6/5/84 19.50 Mary C G Gary 85 RE(1/2) 33222-1 12/5/84 ',;49.16 Mary C G Gary 85 RE(1/2) 33223-0 12/5/84 530.80 Mary C G Gary 85 RE(1/2) 33224-9 12/5/84 1,332.41 Mary C G Gary 85 RE(1/2) 33225-8 12/5/84 64.00 Mary C G Gary 85 RE(1/2) .33226-7 12/5/84 224.00 Mary C G Gary 85 RE(1/2) 33227-6 12/5/84 220.00 G L Anspach 85 Dog V10475 1/14/85 5.00 Thomas Reilly 85 Dog V16405 1/17/85 5.00 Thomas Reilly 85 Dog V16407 1/17/85 5.00 Henry T Keeling 85 Dog V09812 1/8/85 7.00 James Prevette 85 Dog V15837 1/10/85 5.00 Suzanne Brooks N/A Adm. Fee N/A 11/21/84 ir.00 Lynn H Conkwright N/A Pkng 71569 1/9/85 20.00 William C Jones N/A Pkng 80656 11/21/84 15.00 c- Total 3,922.85 JAN @ 'C. G'-r- LA, W This ordinance shall be effective from date of adoption. The above abatemenqs) totaling C-It y SI-92?.85 were approved by the Council of the City of Virginia Beach on theII day of February 1985 Johl T. Atk@so@ Ti@a@urer Approv@d as Ruth Hodges Smith City Clerk ale Bimson, City Attorney FORM NO. C.A. 7 - 33b 1/31/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D:t,, Penalty lnt. Total Y ear of Tax Number tion No. p id D L Peterson Trust 84 pp 36069-0 6/5/84 204.78 D L Peterson Trust 84 pp 36020-8 6/5/84 191.28 Jill A Muntz 84 pp 193789-7 11/29/84 30.00 Adam A Kippes 83 pp 79467-9 5/23/83 125.28 Adam A Kippes 84 pp 189174-8 11/29/84 111.00 Rebecca A Guard 84 pp 62676-1 6/5/84 247.50 Dive Scan Inc 83 pp 38276-6 11/16/84 90.02 Jennifer L Kent 84 pp 188945-8 11/30/84 105.78 Theodore Batt 85 Dog V16512 1/28/85 7.00 Anne D Kenyon 85 Dog V16366 1/17/85 5.00 Total 1,117.64 FEB i DEPT- OF LAW This ordinance shall be effective from date of adoption. b, T.7- above batement(s) totaling ,'l 17 .e4 -ere approved by the Council of Pe City of Virginia Beach on the '-' day of e,5ruary. 1985 App5oved t') Ruth Hodges Smith City Clerk Dale Bimson, City Attorney February 11, 1985 - 33c - FORM NO. C.A- 7 1/25/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Dat* Y ear of Tax Number tion No. Pai d Penalty I nt. Total Raymond & Amanda Tranchant 85 RE(2/2) 92026-5 12/5/84 363.02 Total 363.02 28 L%5 Dl!". OF LAW This ordinance shall be effective from date of adoption. Th@3abOvoe2abatemenqs) totaling 63. @.ere approved by Certi s to p the Council of the City of Virginia Beach on the I 1 day of ebruar@ 1985 form: Ruth Hodges Smith City Clerk 7- City Attorney - 34a - Mayor Heischober ANNOUNCED the appointments of the Five (5) BOND REFERENDUM COMMITTEES: 1985 CORRECTIONAL CENTER BOND REFERENDUM COMMITTEE Councilman John A. Baum Mrs. Judy Conners Mr. Andrew Fine Mr. F. Thomas Holland Mr. Garland L. Isdell Reverend John H. Jordan Mr. H. Rives King (Chairman) Councilwoman Meyera E. Oberndorf Mr. Donald Rhodes Sheriff S. J. Smith Colonel John T. Sprague, Jr. Mr. Richard J. Webbon 1985 SCHOOL BOND REFERENDUM COMMITTEE Mr. Thomas Barton Mr. James R. Bergdoll Ms. Scottie Breed Mr. Robert H. Callis, Jr. Councilwoman Nancy A. Creech Mr. Robert H. DeFord, Jr. (Chairman) Mr. F. Gordon Harper Councilwoman Barbara Murden Henley Mr. Danny J. Michaels Mr. William Schlimgen Dr. Duncan S. Wallace Dr. Roy A. Woods 1985 HIGHWAY BOND REFERENDUM COMMITTEE Mr. Robert W. Clyburn Mr. David Eckhardt Mr. James N. Fletcher Ms. Dorcas Helfant (Chairperson) Mr. Issac Herbert Mr. Edward H. Heuer Councilman Robert G. Jones Mr. Dan Kensill Councilman J. Henry McCoy, Jr., D.D.S. Mr. J. Curtis Payne Mr. Robert Stanton Mrs. Dorothy Sturtridge 1985 WATER AND SEWER BOND REFERENDUM COMMITTEE Mr. Daniel Arris (Chairman) Mr. Richard S. Browner Mr. Robert Carter Mr. F. Reid Ervin Councilman Robert E. Fentress Mr. Richard Guy Councilman Jack Jeniiings Mr. Michael Katsias Mr. Aaron A. Parsons Mr. R. Bradshaw Pulley Mr. Donald F. Reid Mr. Dean Williams STEERlNG COMMITTEE - CITIZEN REPRESENTATIVES Mr. Daniel Arris Mr. Robert H. DeFord, Jr. Ms. Flo Haynie Mayor Harold Heischober Ms. Dorcas Helfant Mr. Sam Houston Councilman Louis R. Jones Mr. Gary Kennedy Mr. Rives H. King Vice Mayor Reba S. McClana, - 35 - Item II-L. 1 NEW BUSINESS ITEM # 23220 HAMPTON ROADS STADIUM Brad Face, representing "FUTURE OF HAMPTON ROADS, INCORPOPATED", presented th, concept for a HAMPTON ROADS STADIUM. The Hampton Roads area is the largest market in the Country without access to a major league team; therefore, a recommendation was made to all localities in Hampton Roads that a professional research project be undertaken to determine if the area could afford to build a stadium locally and whether the benefits of such a project would be worth the expense. Five sites have been proposed by the Cities of Newport News, Portsmouth and Suffolk; however, the consultant has been specifically instructed to study any site in the Hampton Roads area that would be feasible. The participation of every locality in the region is welcome. Six official responses have been received from Councils and Boards of Supervisors of the area. All have been POSITIVE. A funding formula based on population has been submitted to area Mayors and Managers. This formula is based on four cents per capita for the cities and counties which have NOT proposed sites and eight cents per capita for the cities who will be guaranteed a site analysis based on their earlier pro- posals. Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the concept for a REGIONAL STADIUM and authorized the City Manager to prepare the appropriate Ordinance for FIRST & SECOND READINGS and the appropriation of the Four Cents Per Capita ($12,000) participation in the Study being proposed by "Future of Hampton Roads, Incorporated". 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. Oberridorf Council Members Voting Nay: None Council Members Absent: None February 11, 1985 - 36 - Item II-L.2 NEW BUSINESS ITEM # 23221 VIRGINIA BEACH CONGREGATION OF JEHOVAH'S WITNESSES Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City Council scheduled CONSIDERATION at the February 25, 1985, City Council Meeting of the following: Request of VIRGINIA BEACH CONGREATION OF JEHOVAH'S WITNESSES for an amendment to a Conditional Use Permit approved July 5, 1983. The Conditional Use Permit had stated said parcel contained 3.11 acres. Due to right-of-way dedications on Pritchard Road and Marlene Street, the aforementioned parcel now contailis 2.82 acres set aside for a Church. The applicant has requested same be AMENDED to reflect this change in acreage. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenniiigs, 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 February 11, 1985 3 7 Item II-L.3 NEW BUSINESS ITEM # 23222 VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION As per the request of State Urban Engineer, Jim Skeens, a listing of projects and budgetary estimates was prepared by representatives from Traffic Engineering, Engineering, Public Works and Planning . Jim Skeens had requested the identi- fication of $17-20 Million of additional road projects for the Virginia De- partment of Highways and Transportion future construction. Projects proposed are as follows: Rudee Inlet Bridge $ 8,ooo,ooo Oceana Boulevard 11,300,000 Dam Neck Road - Phase 1 9,300,000 Independence Boulevard - Phase IV 5,600,000 Ferrell Parkway - Phase IV 11,000,000 Indian River Road - Phase 11I 6,000,000 Northampton Boulevard - Phase II 4,900,000 Maps of these Project Sites are hereby made a part of the proceedings. Councilman McCoy advised the MAYOR'S AD HOC COMITTEE ON TRANSPORTATION officiaily supports the Bond Referendum . This Committee wishes to meet with the Consultant for the MASTER STREET AND HIGHWAY PLAN upon his arrival and has forwarded a letter to the General Assembly ENDORSING the Joint Subcormnittee to be appointed to study the transportation needs in Southampton Roads. The MAYOR'S AD HOC COMMITTEE ON TRANSPORTATION reviewed each of the aforementioned Road Projects. The Committee highly endorses the first four; however, there was some thought that perhaps funds for the Rudee I,l,t Bridge Project could be derived from elsewhere. Vice Mayor McClanan referenced London Bridge Road. As a commitment has bee, made this particular project should not be forgotten. February 11, 1985 :,.Wy Do - - - - - - - Pi ECT TE AD no IGANNET I RA BIRD 7 7@ -7@ entef 1-a -G- 1 6 0 0 USN S@c February 11, 1985 37b . .... ....... G 13EACI PE LETOIY S" ATE OCEANA NAVAL AIR STATION ,IILITARY P.ESERVAION AL -4 PRO@JEC SITE 0 0 f CEANA -BOULEVARD ---SCALE: 10-3200 February il,,f985 37c A EAN /'OCEA NA NAVAL,A@R STATION USN @JECT ITE DAM: NE c@ DAM.,NECK ROAD PHASE I @SCALE: 10-3200' February 11, 1985 37d mo e JHS D@ART PA,NT .DAD nDowS CT .... ES s 4 LA iei lot tvct,v, A VIR:, t,,Nl EACH-BLVU A E OULEVA -:)E,Nc - RD' Li HAii S C A L E:J@,l . 1 6 0 0 @k -1 @w,-il -- 11 - 0 0 'All -11 February 11, 1985 37e toot 0 ROJECT 92'0 itAG @T:KKELL PARKWAY PHASE IV S.-CALE: 10-3iOo I F@bruary 11, 1985 37f 17 i- M OP. L'L-'PKWY'o@,@. 4p RO si INDIAN RIVER ROAD PHASE Ill SCALE: I -320C February 11, 1985 37@ !j; fir. I "P R,'O J E CT IT E APTO N.. BOULEVARD S; February 11, 1985 - 38 - Item II-L.4 NEW BUSLNESS ITEM # 23223 1984-85/1988-89 CIP The City Manager presented the 1984-85/1988-89 CAPITAL IMPROVEMENT PROGRAM. Councilwoman Henley requested the Staff forward copies of the CIP to Members of the School Baord, as well as Members of the Planning Commissioll. Lou Pace, resident of Hunt Club Forest and representing Virginia Beach Coalition of Civic Leagues, spoke concerning inclusion of London Bridge Road in the Capital Improvement Program, Independence Boulevard being under the Referendum Bond Portion of the CIP, and the $7.9 Million necessary to build Pungo Ferry Road Bridge. Councilman Jennings inquired when Staff would be joining together capital improvement programs with planriing items to enable a better forecast. The City Manager responded same would commence with the March Agenda. February 11, 1985 - 39 - Item II-L.5 NEW BUSINESS ITEM # 23224 CAPITAL PROJECT STATUS REPORT Period ending December 31, 1984 The @ITAL PROJECT STATUS REPORT for Period Ending December 31, 1984, was distributed to City Council (a copy of same is hereby made a part of the record). Mayor Heischober noted the high percentage of financing the City has accomplished through CHARTER BONDS as opposed to the REFERENDUM route. February 11, 1985 - 40 - Item II-L.6 NEW BUSINESS ITEM # 23225 RESOLUTION TO ESTABLISH A COMMISSION TO STUDY ADD-ON A RESOLUTION was introduced by Councilmen Robert G. Jones and H. Jack Jennings, Jr., to establish a COMMISSION on LOCAL GOVERNMENT to study in depth the composition and organizatiori of the City's form of government and make re- commendations. In conducting the study, the Commission shall address the following matters: 1. Whether or not the size and organization of City Council should be changed. 2. Whether or not the formula for the representation on Council of geographical areas of the City should be changed. 3. Wbether or not the Mayor should be elected by the City Council or directly by the voters. 4. Whether or not the City should have a City Manager form of government or some other form of goveriiment. BY CONSENSUS, City Council scheduled further discussion for the City Council Meeting of February 25, 1985. February 11, 1985 40a Requested by: Councilman H. Jack Jennings, Jr. Councilman Robert G. Jones RESOLUTION WHEREAS, The City of Virginia Beach was created under its present charter on January 1, 1963, which charter established the current organization of City Council and city government; WHEREAS, since January 1, 1963, the City of Virginia Beach has grown in population from approximately 160,000 citizens to over 300,000 citizens, and is projected to grow to a city of over 450,000 by the turn of the century; WHEREAS, members of the public have from time to time expressed concern regarding the size and organization of City Council and whether or not there should be a direct election of the Mayor of the City; WHEREAS, the City Council of the City of Virginia Beach desires that the public be served by its local government in a manner that is most responsive to the present and future needs of the City and most effective in the economical and efficient operation of local government; and WHEREAS, the City Council believes that a thorough examination of the structure of local government is timely and that a study of it should be undertaken by a group of local citizens as objectively as possible and without regard to partisanship, but with due regard for promoting the pubiic interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach establish a Commission on Local Government to study in depth the composition and organization of the city's form of government and make recommendations, if it deems desirable, for alterations or modifications. In conducting the study the Commission shall address the following matters, and such other matters as may be deemed necessarily related: 1. Whether or not the size and organization of City Council should be changed. 2. Whether or not the formula for the representation on Council of geographical areas of the City should be changed. 3. Whether or not the Mayor should be elected by the City Council or directly by the voters. 4. Whether or not the City should have a city manager form of government, a strong mayor form of government, or soine other form of government. The Commission shall be comp(?sed of a chairperson and six members, and shall make its report and recommendations to City Council on or before August 5, 1985. Adopted this day of February, 1985. February 11, 1985 - 41 - Item IT-M. RECESS FOR COUNCTL APPOINTEE EVALUATION ITEM # 23226 BY CONSENSUS, City Council DEFERRED the EVALUATION of COUNCIL A-PPOINTEES. February 11, 1985 - 42 Item II-N. ADJOURNMENT 1TEM # 23227 Upoii motion by Councilman Louis Joiies, seconded by Councilmaii Jeiinings, City Council ADJOURNED the meetiiig at 4:50 p.m. Voting: 11-0 Couiicil Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold Heischober,"Barbara M. Henley,"H. Jack Jennings, Jr., Louis R. Jones, Robert G. Joiies,"Vice Mayor Reba S. McClanali,*J. Heiiry McCoy, Jr., D.D. S.* aild Meyera E. OberLidorf Council Members Voting Nay: None Council Menibers Abseilt: None *Verbal Aye Beverly T. Hooks Chief Deputy City Clerk R@h Hodges Smi Mayor @,:o'ld@ be, City Clerk City of Virginia Beach Virgiiiia /bh