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Home My WebLink AboutNOVEMBER 5, 1984 MINUTES "WORLD'S LARGEST RESORT CITY" Cny COUNCJL MAYOR HAROLD IMSCROM, At L-9, VICE-ALAYOR MU S. JltCLANAN. @.. A- B-gh JOHN A. RA ETM. M.@ B-"k IVANCY A. CREECH, At L-" RO@T E. F@. V@ B..h B-wh @ M HENLEY. ftn. @h B. JACK JENNINGS. JR.. L@ @h LOUIS R. JONES. JkV"& @k ROBFRT G. JONFA A, L-g. J. M@RYMICOY, JR., K-P.@ @k MEYERA E. O@RF. At 281 CITY MALL BUMDING MUNICIPAL M'= RU7W HODGES WnE. CMC. C1/2tv cl-k CITY COUNCIL AGENDA VLRCJNIA @CH VIRGIIVL4 MM NO 1804142?4$Oi November 5, 1984 Virginia Beach City Council BRIEFING - 12:30 PM - Foxfire and Courthouse Estates Developments ITEM 1. MEETING OF VIRGINIA REACH CITY COUNCIL - Conference Room - I PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. KOTIOK TO RECESS INTO E)CECUTIVE SESSION ITEH 11. RFGULAR SESSION OF VIRGINIA BRACH CITY COUNCIL - Council Chanbers - 2 PM A. INVOCATION: Reverend Lawrence J. Reesman III Bayside Christian United Church of Christ B. PLEDGE OF AL-LEGIANCE TO THE FLAG OF THE UNITED STATES OF AMFRICA C. ELECTRONIC ROLL CALL OF COUNCIL D. CITY MANAGER'S ADt4INISTRATIVE AGENDA, 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of October 22, 1984. G. PUBLIC GS 1. Ordinance to amend and reordain Section 36-172 of the Code of the City of Virginia Beach relating to the maximum rate of fare for taxicabs. 2. Proposed budgetary increase to aopropriate funds of $864,280 to the School Operating Fund for the health insurance program. H. PLMING 1. AMENDt4ENT to an Ordinance adopted by City Council relating to the application of Newtown Developers for a change of zoning district classification from A-1 to B-2 on the north side of Goodman Road by deletiug a requirement of a dedication of a cul-de-sac with a 50-foot radius on Goodman Road adopted July 6, 1981 (Briarlake Corporation). (City Council voted to coasider this matter on October 8, 1984.) 2. Ordinance closing, vacating and discontinuing a portion of 14th Street in the petition of Sandeastle Motel, Inc. Virgi.ia Beach Borough). a. Letter from the City Manager reco-ending FINAL approval. 3. Application of Hoser W. Cunuinghas for a conditional use permit for a home for the elderly on a 29,432.7-square foof parcel located on the east side of Lynn Shore Drive, north of Virginia Beach Boulevard (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Virginia Beach Ecmettical Housing, Inc. for a condition 1 permit for an emergency shelter for families an 8, 8 on %@.IE square f oot parcel located at 241 Cassady Aveuue (Lynahaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approv&l. S. Application of Robert R. leasley, et ale, and W. Cecil Carpenter for a conditional use permit for recreational facilities of an outdoor nature 'deck over th ee cabana.) located on the Oceanfrout, south of 58 th Street (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Kirk's, incorporated for a conditional use permit for the installation of auto and residential/commercial glass on a 16,500-square foot parcel located at the northeast corner of Rosemont Road aud Hilber Street (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comatission for approval. 7. Application of James L. Harrall and Associates for a conditional use permit for a gasoline station with convenience store on a 40,U/J-squar@foot parcel located on the uorth side of Saudbridge Road, east of Entrada Drive (Princess Aaae Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. B. Application of Exxon Corporation for a conditional use permit for an automobile service station on a 30,221-square foot parcel located at the northeast corner of Holland Road and Shippe Corner Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of John T. Atkinson for a tonditional use permit for a duplex on a 7,000-square foot parcel located on the south ;ide-of 13th Street, west of Rudee Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of F. Wayne McLeakey. Jr. for a conditional use permit for a duplex on a 7,000-square foot parcel located on the east side of Cypress Avenue, north of 14th Street (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of F. Wayne Mc @ key ' Jr. for a conditional use permit for a duplex on a 7,000-square foot parcel located at the southeast corner of 13th Street and Rudee Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 12. Application of Sandbridge Chapel for a conditional use permit for a church on a 1.62-acre parcel located at the northeast and southeast intersections of Little Island Road and Bouita Lane (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 13. Application of J. Morter for a conditional use permit for twelve single-family dwelling units in the AG-1 Agricultural District on a 36-acre parcel located on the north and south sides of Hungarian Road, west of Blackwater Road (Blackwater Borough). a. Letter from the City Maaager transmits the recommendation of the Planning Commission for denial. 14. Application of Hickory Corporation for a change of zoning from A-1 Apartment District to A-2 Apartmeut District on a 1.5-acre parcel located on the north side of Virginia Avenue, west of Rudee Avenue (Lynahaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 15. Application of John B. &ad Maureen Jard for a change of zoning from R-5 Residential District to A-4 Apartment District on a one-acre parcel located at the southeast corner of Chinquapin Lane and Birdneck Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 16. Application of S.I.R., Ltd. for a change of zoning from R-3 Residential District to R-5 Residential District on a 1S.2-- acre parcel located on the south side of London Bridge Road, east of Pine View Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 17. Application of Harry L. Snyder for a change of zonint from 0-1 Office District to B-2 Business-Residential District on 72-3,086.8-square foot parcel loc'ated on the south side of Laskin Road, west of Gay Drive (Lynnhaven Borough). a. Letter from the City M4nager transmits the recommendation of the Planning Commission for denial. I. RESOLUTIONS/ORDYNAMCKS 1. Special Revenue BondB a. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority ia the amount of $10,000,000 to Terry/Peterson "sociates II Project (Chimney Hill Apartments). b. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $5,000,000 to Terry/Peterson Associates I Project (Pembroke Crosging Apartments). c. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housiug Authority in the amount of $10,000,000 to 195 Associates Project. 2. Ordinance to amend and reordain Section 36-172 of the Code of the City of Virginia Beach relating to the maximum rate of fare for taxicabs. 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 notion in the form listed. If an item is removed from the CorLsent Agenda, it will be discussed and voted upoa separately. 1. Resolution authoriziug and directing the City Manager to execute a lease agreement between the City of Virginia Beach and the Virginia Commission of Game and Inland Fisheries for the purpose of expandiag and renovating the Owls Creek B"t Ramp. 2. City Manager's Revised OrgauLzational Structure: a. Resolution to remove Deputy and Assistant City Mauagers from the City Pay Plan. b. Ordinance to add Section 2-151.1 to Article IV, pertaining to the City Hanager, and amending Section 2-75, Article ilip pertaining to officers and employees generally, of the Code of the City of VirgizLia Beach, Virginia. c. Ordinance to authorize the transfer of appropriations and allocate positions for the uew City Organization Structure. 3. Ordinance to add Section 12-30 to the Code of the City of Virginia Beach, Virgiaia, pertaining to Fire Department records. 4. Ordinance to transfer funds of $13,000 to the Department of Public Works for construction of a rasp at the beach for the physically handicapped. 5. Ordinance to transfer funds of $505 from the General Fund Reserve for Contingeucies to the Police Departmeut for reimbursement of legal expenses incurred by a police officer in the performance of his duties. 6. Ordinance authorizing the City Manager to execute an agreement for health consulting services and transferring funds of $31,650 for these services. 7. Ordinance to transfer $24,500 for the relocation of the Icanomic Developmnt DeparUwnt. 8. Ordinance, on FIRST READING, to transfer Capital Projects appropriations to provide for current needs of projects included in the prelimiaary FY 1985-1989 CIP. 9. Ordinance, on FIRST READING, to appropriate funds of $864,280 to the School Operating Fund for the Health Insurance Progran. 10. Ordinance, on FIRST READING, to appropriate funds of $71,868 for the Federal Food Staup Fmployment Service Program. 11. OrdirLance, on FIRST READING, to accept and appropriate $36,341.00 from the Southeastern Virginia Areawide Model Program (SEVANP). 12. Ordinauce to authorize a temporary encroachment into a portion of the right-of-way of Lynnhaven Road, to Lynnhaven Mall Associates, its assigns and successors in title. 13. Ordinance appointing viewers in the petition of Kitchell L. Dunbar and Linda S. Dunbar for the closure of a portion of Maynard Avenue (Kempsville Borough). 14. Ordinance appointing viewers in the petition of Holland Office Park kosociates and R. G. Moore Building Corporation for the closure of a portion of Branksome Drive (Kempaville Borough). 15. Ordinance appointing viewers in the petition of W. Taylor Johnson, Jr., for the Entate of W. Taylor Johnsou, Sr., for the closure of an unnamed 30-foot lane (Lynnhaven Borough). 16. Low bid of Asph&lt Roads and Materials Cospany, Inc., in the amount of $1,261,075.30, for the Mill Dam Community Improvements, Coutract 1; AND, a low bid of Luke Construction Cospany. Inc., in the amount of $138,800, for the 14ill Dam Community Improvements, Contract 11. 17. Ordiaance authorizing the City Manager to execute a Deed of Reversion from the City of Virginia Beach to S.A.S. Associates for a pump station site that is no longer used by the City of Virginia Beach. 18. Ordinance authorizing the City Manager to execute an agreement with Virginia leach Ecumenical Housing, Inc., to provide temporary housing to homeless families in Virginia Beach. 19. Request of the City Treasurer for tax refunds in the anount of $411.55. K. UNFINISHED BUSINESS L. NEW BUSINESS 1. 1-64 Directional Signing M. ADJO@ 1. Motion to adjourn. nGULAR CITY COUNCIL IMTING NOVMER 12, 1984 C A N C B L L 3 D (Viteran's Day) M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G FOXFIRE AND COURTHOUSE ESTATES November 5, 1984 12:30 p.m. The BRIEFING concerning the status of the two developments south of the "GREEN LINE", FOXFIRE and COURTHOUSE ESTATES, was called to order by Mayor Heischober in the Council Chambers, City Hall Building, on Monday, November 5, 1984, at 12:30 in the afternoon. Director of Planning Robert Scott located these particular parcels on a map, and outlined the following chronological events in connection with the FOXFIRE DEVELOPMENT: February 10, 1984 Preliminary subdivision submitted for review April 23, 1984 City Council action suspended all review of development plans until July 1, lq84. July 9, 1984 Preliminary subdivision review complete subdivison approval denied due to in- adequate recreation/open space. September 21, 1984 Resubmittal of preliminary subdivison. October, 1984 Subdivision approval again denied due to minor problems. November 2, 1984 Resubmittal of preliminary subdivision Staff believed APPROVAL of their proposed plan is EMINENT. Preliminary Subdivsion Satistics: R-5 107.5 acres 263 single-family homes A-1 37.2 acres 390 townhouse units recreation/open space 8.1 acres lake 11.5 acres Virginia Department of Highway Right-of-Way 3.3 acres TOTAL 167.6 acres 653 dwelling units November 5, 1984 - 2 - FOXFIRE AND COURTHOUSE ESTATES B R I E F I N G (Continued) Robert Scott further outlined the events in connection with the COURTHOUSE ESTATES DEVELOPMENT, which is not so clearly defined: APPROVED approximately 1970 as a PLANNED UNIT DEVELOPMENT February 21, 1984 Preliminary subdivision submitted for review April 23, 1984 Preliminary subdivision review complete; subdivision approval denied due to lack of compliance to City Council approved land use plan. Applicant was informed that Planning Commission review and City Council appproval would be required prior to subdivision approval and the prop- erty located north of North Landing Road must also be shown on the plan. September 18, 1984 Resubmittal of preliminary subdivison showing both sides of North Landing Road Preliminary Subdivison Statistics: Zoning PD-EL Land Use Use Area Dwelling units/acre I Parcel North of North Landing Road commercial 15.0 acres recreation/open space - 4.0 acres -- apartments 590 24.6 acres 24 Total 590 43.6 acres II Parcel Between North Landing Road and Indian River Road school (dedicated) 40.0 acres -- commercial 5.5 acres recreation/open space - 26.0 acres -- single family(5000 sq.ft.) 1390 231.7 acres 6 townhouses 832 68.7 acres 12 apartment 560 32.1 acres 17 Total 2782 404.0 acres III Parcel South of Indian River Road recreation/open space - 13.1 acres -- single family 14 25.2 acres 1.8 Total 14 38.3 acres GRAND TOTAL 3386 458.9 7.4 November 5, 1984 - 3 - FOXFIRE AND COURTHOUSE ESTATES B R I E F I N G (Continued) Upon review of this plan, the following was CONCLUDED by staff: (1) With respect to the southern part of the property (portion south of North Landing Road), a plan is being submitted that is not in accordance with Council's Approved Land Use Plan. This must be rectified by applying for an amendment to the plan or by other means which would comply with the original plan. This will be difficult because of the rearrangement of the school sites. (2) The approved plan calls for dwelling units at a density of 12 to 36 dwelling units per acre on the northern site. The submittal shows, a density of 24 dwelling units per acre on that site. With respect to present facilities in the area and what other types of land uses are in the area both now and in the foreseeable future, the staff has concluded that a density range of 12 dwelling units per acre would be appropriate. Due to the number of units proposed for Courthouse Estates, the volume of traffic generated will be quite large and has the capability of overloading certain roads within the area. The above property is no longer in single ownership but separate parts are owned by different entities. Included in the original land use plan approved by City Council were some sites for schools, which have been since relocated. November 5, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 5, 1984 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, November 5, 1984, at 1:05 in the afternoon. Council Members Present: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: John A. Baum, Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Councilman John A. Baum entered the Executive Session at 1:13 p.m. *Councilwoman Nancy A. Creech entered the Executive Session at 1:13 p.m. November 5, 1984 - 2 - ITEM # 22720 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 of 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. TJpon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION. Voting: 8-0 Council Members Voting Aye: 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: John A. Baum, Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. November 5, 1984 - 3 - R E C U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 5, 1984 2:00 p.m. Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, November 5, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. INVOCATION: Reverend Lawrence J. Reesman III Pastor Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 5, 1984 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 CONSENT AGENDA REVISED ORGANIZATIONAL STRUCTURE ITEM # 22721 Councilwoman Oberndorf referenced the City Manager's Revised ORGANIZATIONAL STRUCTURE (See Item II-J.2a.b.c. of the Consent Agenda). Councilwoman Oberndorf inquired as to the proposed removal of the Deputy and Assistant City Managers from the current City Pay Plan, and if these positions would be applicable to the Grievance Process and other personnel policies, including "across the board" general increases, as the regular City Employees. The City Manager advised the Deputy and Assistant City Managers would not be entitled to any across-the-board increases. Their salary evaluation would strictly adhere to a merit basis. The City Attorney advised these positions would not be applicable to the Personnel GRIEVANCE PROCEDURE, but would have all retirement and health benefits as City Employees and serve at the pleasure of the City Manager. Item II-D.2 TAXICAB RATE INCREASES ITEM # 22722 Councilman Louis Jones referenced the Ordinance to amend and reordain Section 36-172 of the Code of the City of Virginia Beach realting to the maximum rate of fare for taxicabs (See item II-I.2 of RESOLUTIONS/ORDINANCES). Councilman Louis Jones inquired as to the last rate increase involving taxicabs. Tbe last rate increase was February 1981. November 5, 1984 Item II-F.1 MINUTES ITEM 22723 Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council APPROVED a Correction to the Minutes of September 24, 1984, as follows: Page 32 - ITEM # 22571 (CONSENT AGENDA ITEM II-J.8 - Ordinance to Transfer Capital Project Funds to Project #3-826 ENERGY CONSERVATION PROGRAM) The Motion should correctly read: Upon motion by Councilwoman Oberndorf, seconded by Council- woman Creech, City Council ADOPTED an Ordinance to Transfer @i94TgOG $150,000 of Capital Project Funds to Project #3-826 ENERGY CONSERVATION PROGRAM for an Additional Chiller for the Juvenile Court building expansion. AND, Council further AMENDED the Minutes of October 22, 1984 as follows: Page 13 - ITEM # 22691 (ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION R01084861) Letters dated October 30, 1984 to Mr. Lyle Tatro from Assistant City Attorney Charles Salle' and November 5, 1984 from City Attorney J. Dale Bimson to Vice Mayor Reba S. McClanan are hereby incorporated into the minutes of October 22, 1984. These letters referenced the verbal agreement by SOUTHLAND CORPOP,ATION to provide appropriate screening between the new Seven-Eleven facility that is located at Oceana Boule- vard and Harpers Road and the adjacent residential development. Page 25 ITEM # 22699 (ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 AND FROM R-3 to B-2 (ZO1084909 and Z01084910) REt4OVE Condition No.l. and RESTATE as per the following: 1. Applicant has voluntarily agreed to berm the back of the shopping center and place a tree line adjacent to All residential lots. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentressp Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.t 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. Councilwoman Oberndorf referenced the SUMMARY OF COUNCIL ACTIONS was typed on the old form which li-sted Councl.lman Kitchin rather than Councilman Fentress. October 30, 1984 Mr. Lyle ~atro .. ~outhland Corporation 7931 Haltrin Drive Norfolk, Virginia 23518 Dear Mr. Tatro: This letter is to confirm our telephone conversation to the effect that Southland Corporation agrees to provide appropriate screening between the new 7-11 facility to be located at Oceana Boulevard and Harper's Road and the adjacent residential development. I understand that the screening will be included on the site plan when it is submitted for approval by the City. Thank you for your cooperation is this matter. Very truly yours, Charles M. salle' Assistant City Attorney CMS/cb Thomas M. Muehlenbeck, City Manager Robert Scott, Planning November 5, 1984 5b - Cit3,@f J. DALE BIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGI.IA BEACH, VIRGINIA 23456-9002 (804) 427-4531 November 5, 1984 Vice-Mayor Reba S. McClanan Councilman Robert E. Fentress Municipal Center Virginia Beach, Virginia Dear Councilmembers: In reference to our recent conversation, I enclose a letter dated October 30, 1984- whereby, Mr. Lyle Tatro of Southland Cor- poration has verbally @greed by telephone conversation to provide appropriate screening between the new Seven-Eleven facility that is located at Oceana Boulevard and Harpers Road and the adjacent residential development. Furthermore, it is understood that this screening may be reviewed at the site plan stage. You may decide to include this letter as part of the minutes concerning this use permit that was approved on October 22, 1984. If you have any further questions, please give me a call. Very truly yours, @@ @ @ 101,@- @- '@@/ @ J. Dale Bimson JDB:jh cc: City Clerk November 5, 1984 6 Item II-F.2 PROCLAMATION ITEM 22724 ADD ON Mayor Heischober PROCLAIMED the month of November, 1984 as SCORE MONTH (SERVICE CORPS OF RETIRED EXECUTIVES) This PROCLAMATION recognized the contribution made by SCORE to the City's economy and to small businesses. This PROCLAMATION was accepted by Chairman William Pritchard Councilwoman Creech further complimented William Pritchard upon his citation by the Small Business Administration for his operation of one of the finest SCORE operations in the State of Virginia. November 5, 1984 - 6a - CITY OF Virginia Beach OFFICE OF THE MAYOR PROCLAMATION WHEREAS, the Norfolk SCORE Chapter No. 6 0 of the Service Corps of Retired Executives has contributed greatly to m @a -ny small businesses in and around the City of Virginia Beach and, WHEREAS, SCORE consists of many fine and dedicated retired executives; and, WHEREAS, SCORE provides services to small businesses at no cost; and, WHEREAS, we are now celebrating the 20th anniversary of the beginning of SCORE; NOW, THEREFORE, 1, Harold Heichober, Mayor of the City of Vir do hereby proclaim this month of November, 1984, 2tinia Beach the th anniversary of SCORE, as SERVICE CORPS OF ILDI@RT@D EXECUTIVES MONTH in the City of Virginia Beach and call upon all citizens to celebrate this month and to recognize the contribution made by SCORE to our economy and to small business. IN TESTIMONY WHEREOF, I have herelinto set my hand and caused to be affixed the great seal of the City of day of November, 1984. MAYOR November 5, 1984 7 Item II-G. 1 PUBLIC HEARING ITEM 22725 Mayor Heischober declared a PUBLIC HEARING for the following: AMENDMENT TO SECTION 36-172 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE MAXIMUM RATE OF FARE FOR TAXICABS Herbert R. Dise, owner of Diamond and Yellow Cab of Virginia Beach, and representing Beach and Coastal Cabs, spoke concerning this rate increase from eighty (80cts) cents per mile to one ($1.00) dollar per mile. There being no further speakers, Mayor Heischober closed the PUBLIC HEARING. (See Item II-I.2 RESOLUTIONSIORDINANCES) November 5, 1984 - 7a PUBLIC NOTICE On November 5, 19B4, at 2 p.m., at the City Council Chambers (in the City Hall Building), the City Council of the City of Virginia Beach will consider an increase in the rates and charges for taxicabs (Section 36-172 of the Virginia Beach City Cods), as sat forth belows Currant Proposed ------- -------- Fraction of a mile for which rate is charged .. 1/8 1/5 Rate applied to the first fraction (drop) ..... $1.00 $1.00 Rate applied to each additional fraction ...... $0.10 $0.20 If hired on an hourly basis, the rate of $9.00 per hour still applies. Ruth Hodges Smith, CMC City Clerk - 8 - Item II-G. 2 PULBIC HEARING ITEM # 22726 Mayor Heischober declared a PUBLIC HEARING for the following: PROPOSED BUDGETARY INCREASE TO APPROPRIATE FUNDS OF @864,280 TO THE SCHOOL OPERATING FUND FOR THE HEALTH INSURANCE PROGRAM There being no speakers, Mayor Heischober closed the PUBLIC HEARING. (See Item II-J.9 of the Consent Agenda) November 5, 1984 Sa PUBLIC NOTICE PUBLIC HEARING CITY OF VIRGINIA BEACH PROPOSED BUDGETARY INCREASES FOR TliE 1984-1985 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.1 of the City Code a public hearing will be held by the City Coundil in Council Chambers in the City Hall Building on Monday, November 5, 1984 at 2:00 p.m., to discuss proposed increases in the Operating Budget for fiscal year 1984-1985 as follows: PROPOSED INCREASES General Fund Transfers to the School Operating Fund $ 864,280 Schoo Op ating Fund C.ntr! ctu :i Services (Fringe Benefits) 864,280 ESTIMATED REVENUES General Fund Unappropriated Fund Balance $ 864,280 School Operatl Eund T.an.f.r. fromn!the he Gen6ral Fund $ 864,280 Individuals desiring to pro- vide otal comment should register before the hearing begins with the City Clerk's Office on the second floor of the City Hall Building or by calling 427-4303. Hodges-Smith, CMC City Clerk November 5, 1984 9 Item II-H. PLANNING ITEM 22727 ADD-ON Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of EDWIN B. LINDSLEY, JR., for the discontinuance, closure and abandonment of a portion of Cape Henry Drive as per the following: FINAL APPROVAL Application of Edwin B. Lindsley, Jr., for the dis- continuance, closure and abandonment of a portion of Cape Henry Drive beginning at the eastern boundary of Urchin Road and running in an easterly direction a distance of 300.94 feet. Said parcel is 25.08 feet in width and contains 7,548 square feet. LYNNEAVEN 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., 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. November 5, 1984 ORDINANCE NO. AN ORDINANCE CLOSING. VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET 25 FEET WIDE KNOWN AS CAPE HENRY DRIVE LOCATED IN LYNNHAVEN BEACH IN THE CITY OF VIRGINIA BEACH, VLRGINIA WIIEREAS, proper notice that Edwin B. Lindoley. Jr. would make application to the City Council of the City of'Virginia Beach, Virginia. to have the hereinafter described portion of that certain undeveloped street, 25 feet wide, known as Cape Henry Drive closed, vacated and discontinued was duly advertised; and WHEREAS, the Petitioner as owning the contiguous parcels to said street, which is effected by its closure. has requested that said street be closed; and WHEREAS. Application was made to the City Planning Commission and to the City Council, and, pursuant to the 13tatutes in such cases made and provided, the Council appointed viewers who have reported to the Council that no Inconvenience to the public or to the private indi- viduals would result from such closings, vacating and discontinance; and WHEREAS, it te the judgment of the Council that the said streets should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Section 1: That the said undeveloped street 25 feet wide known as Cape Henry Drive described below. located in Lynnhaven Beach in the City of Virginia Beach, Virginia, is hereby closed, vacated and discon- tinued, said etreet not being needed for public use: ALL that certain pieoe or parcel of land, situate, lying and being in the City of Virginia Beach. Virginia. and being a portion of that certain undeve- loped street known as "Cape Henry Drive". being more particularly bounded and described as follows: com- mencing at the point of the intersection of the southeast corner of Lot 13, and the southwest corner of Lot 14 as shown on that plat of Lynnhaven Beach, Block L (Mop Book 5, Page 71). thence turning and running north 80*81 east 150.94 feet to a point, thence turning and running south 5*211 east 25.08 feet to a point, thence turning and running south 80081 west 300.94 feet to a point, thence running north 5*211 west 25.08 feet to a point. thence turning and running north 80008'east 150 feet to the point of beginning. Said parcel contains 7,523.50 square feet and is more fully described by reference to that plat entitied "Plat Showing Portion of Cape Henry Drive to be cloaed, Lynnhaven Beach, Virginia Beach, Virginia, Scale: I" = 201, January 30, 1984. Gallop Surveyors & Engineers, Ltd., Virginia Beach. Virginia". Section 2: A copy of this Ordinanoe. certified by the Clerk, -be spread upon the public,records in the Clark's Office in the Circuit Court in the City of Virginia Beach, Virginia and indexed in the name of the City of Virginia Beach as Grantor. Section 3: This Ordinance shall be effective thirty (30) days from date of its adoption. 3.13.29.C FINAL APPROVAL -- November 5, 1984 -2- - 10 - Item II-H.1 PLANNING ITDI # 22728 Attorney Robert Crcymwell represented the applicant Director of Planning Robert Scott and Assistant to tbe City Manager David Grochmal responded to inquires regarding the cul-de-sac (Due to a change in the NEWSOME FARMS DEVELOPMENT PLAN, the cul-de-sac is no longer required in the location previously shown.) A MOTION was made by Councilman Louis Jones, seconded by Councilwoman Oberndorf to DEFER this application until the City Council Meeting of November 19, 1984. This motin was WITHDRAWN, in order that this item might be discussed at the end of the Planning Items. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED the following: AN ORDINANCE TO AMEND AN ORDINANCE UPON APPLICATION OF NEWTOWN DEVELOPERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION 'FROM A-1 TO B-2 ON THE NORTH SIDE OF GOODMAN ROAD BY DELETING A REQUIREMENT OF A DEDICATION OF A CUL-DE-SAC WITH A 50-FOOT RADIUS ON GOODMAN ROAD ADOPTED JULY 6, 1981. 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. November 5, 1984 - 10a - AN ORDINANCE TO AMEND AN ORDINANCE UPON APPLICATION OF NEWTOWN DEVELOPERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 to B-2 ON THE NORTH SIDE OF GOODMAN ROAD BY DELETING A REQUIREMENT OF A DEDICATION OF A CUL-DE-SAC WITH A 50-FOOT RADIUS ON GOODMAN ROAD ADOPTED JUI,Y 6, 1981 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Than an ordinance upon application of Newtown Developers for a chanqe of zoning district classification on certain property located on the north side of Goodman Road is hereby amended and reordained by deleting the following: Dedication and improvement of a cul-de-sac with a 50-foot radius on Goodman Road. This ordinance shall be effective from date of adoption. ADOPTION: November 5, 1984 November 5, 1984 Item 11-H.2 PLANNING ITEM 22729 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance closing, vacating and discontinuing a portion of 14th Street in the petition of SANDCASTLE MOTEL, INC., as per the following FINAL APPROVAL Application of The Sandcastle Motel, Inc. for the dis- continuance, closure and abandonment of a portion of 14th Street beginning at the eastern boundary of Atlantic Avenue and running in an easterly direction a distance of 150 feet. Said parcel is 89 60 feet in width and contains 12,000 square feet. VIRGINIA BEACH BOROUGH. Street Closure corrected from 80 feet to 60 feet in width. The City Manager referenced consideration by the Planning Department as to access to the beach and boardwalk relative this application. 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. November 5, 1984 CITY OF VIRGINIA BEACH TO (ORDINANCE OF VACATION THE SANDCASTLE MOTEL, INC. a Virginia Corporation AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF 14TH STREET, IN VIRGINIA BEACH BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, The Sandcastle Motel, Inc., to be presented to the City Council of the City of Virginia Beach, Virginia, on the_ day of , 1984, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the_ day of , 1984, and on the- day of 1984, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the - day of , 1984, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the _ day of 1984, appointed and as viewers to view such street ,nd report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of 14th Street in the Borough of Virginia Beach, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that portion of 14th Street between Atlantic Avenue and Atlantic Boulevard in Virginia Beach Borough of the City of Virginia Beach, Virginia, as shown on "Property of Norfolk R. R. Virginia Beach, Virginia", recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Kap Book 6, at page 329, and as shown on the plat attached hereto entitled "Study Plan of Proposed Street Closure and Relocation of 14th Street East of Atlantic Ave.", Virginia Beach Borough, virginia Beach, Virginia, dated October 19, 1983, and made by Gallup Surveyors & Eligincers, Ltd. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of The Sandcastle Motel, Inc., as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall be effective thirty (30) days from the date of its adoption. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the_ day of 1984. TESTE: RUTH SMITH, CITY CLERK By city Clerk FINAL APPROVAL -- November 5, 1984 - 12 - Item II-H.3 PLANNING ITEM # 22730 Attorney Glen Crowshaw represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of HOMER W. CUNNINGHAM for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF HOMER W. CUNNINGHAM FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE ELDERLY R01184682 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of HoTner W. Cunningham for a Conditional Use Permit for a home for the elderly on the east side of Lynn Shore Drive, 577.3 feet north of Virginia Beach Boulevard on ParcQ.1 A. Said parcel is located at 342 Lynn Shore Drive and contains 29,432.7 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Installation of an automatic sprinkler system and an automatic fire alarm system meeting the approval of the Department of Fire Plans Review Office and the City Fire Protection Engineer. Ihis Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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. November 5, 1984 - 13 - Item II-R.4 PLANNING ITEM # 22731 Attorney Carolyn Cox represented the applicant Flora Haynie, President of Virginia Beach Ecumenical Housing, Inc., also represented the applicant (The General Guidelines and a Fact Sheet on VIRGINIA BEACH ECUMENICAL HOUSING, INC., are hereby made a part of the record.) Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ECUMENICAL HOUSING, INC., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ECUMENICAL HOUSING, INC., FOR A CONDITIONAL USE PERMIT FOR AN EMERGENCY SHELTER FOR FAMILIES R01184683 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Virginia Beach Ecumenical Housing, Inc., for a Conditional Use Permit for an emergency sbelter for families on Lot 11, Block 25, Princess Anne Plaza, Section Two. Said parcel is located at 241 Cassaday Avenue and contains 8.893.4 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. There shall be a maximum of four (4) adults, with no maximum on dependent children (under 18 years of age). 2. There shall be a maximum of three (3) automobiles at any given time. 3. Conditional Use Permit shall be for a period of two years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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: November 5, 1984 None Council Members Absent: - 14 - Item II-H.5 PLANNING ITEM # 22732 W. Cecil Carpenter represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of Robert R. Beasley, ETALS, and W. Cecil Carpenter for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF ROBERT R. BEASLEY, ETALS, AND W. CECIL CARPENTER FOR A CONDITONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R01184684 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert R. Beasley, ETALS, and W. Cecil Carpenter for a Conditional Use Permit for recreational facilities of an outdoor nature (deck over 3 cabanas) located on the west side of Ocean Front, 95 feet south of 58th Street on Lot 3, Block 7, Ubermeer. Said parcel contains 5,250 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Approval is for a period of two (2) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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, 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. November 5, 1984 - 15 - Item II-H.6 PLANNING ITEM # 22733 Attorney William T. Webb represented the applicant Uon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of KIRK'S, INCORPORATED for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF KIRK'S, INCORPORATEDFOR A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF AUTO AND RESIDENTIAL/COMMERICAL GLASS R01184685 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Kirk's Incorporated,for a Conditional Use Permit for the installation of auto and residential/commerical glass on Lots 12 and 13, Section 1, Westmoreland Estates. Said parcel is located at 146 Rosemont Road and contains 16,500 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The hedge and chain link fencewhicb screens the residential property, shall be left intact. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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.t 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. *Verbal Aye November 5, 1984 - 16 - Item II-H.7 PLANNING ITEM # 22734 Attorney Glen Crowshaw represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of JAMES L. HARRELL AND ASSOCIATES as per the following: ORDINANCE UPON APPLICATION OF JAMES L. HARRELL AND ASSOC., FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION Ordinance upon application of James L. Harrell and Assoc., for a Conditional Use Permit for a gasoline station with convenience store on certain property located on the north side of Sandbridge Road, 500 feet east of Entrada Drive, Lagomar. Said parcel contains 40,075 square feet. Plats with more detailed information are available in the De- partment of Planning. PRINCESS ANNE 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., 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. November 5, 1984 - 17 - Item II-H.8 PLANNING ITEM # 22735 Attorney James M. Pickrell represented the applicant Harold D. Sipler, Real Estate Representatie of Exxon Corporation, re- presented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF EXXON CORPOFATION FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01184686 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station on property located at the northeast corner of Holland Road and Shipps Corner Road on Part of Parcel A-2, Cardinal Estates, Inc., Said parcel is located at 3188 Shipps Cor- ner Road and contains 30,221 square feet. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. A dedication of right-of-way, temporary construction easements and permanent drainage easements as shown on Holland Road Phase IV plans on file in the City Engineer's Office as per the Master Street and Highway Plan. 2. Landscaping shall be required as submitted in the revised site plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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. November 5, 1984 - 18 - Item II-H.9 PLANNING ITEM # 22736 Richard Browner represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of JOHN T. ATKINSON for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF JOHN T. ATKINSON FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R01184687 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of John T. Atkinson for a Conditional Use Permit for a duplex on the south side of 13th Street, 50 feet west of Rudee Avenue on Lots 7 and 8, Block 120, Lakewood. Said parcel contains 7,000 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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. November 5, 1984 - 19 - Item II-H.10 PLANNING ITEM # 22737 Richard Browner represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon applicati.on of F. WAYNE McLESKEY, JR., for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR., FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R01184688 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA: Ordinance upon application of P. Wayne McCleskey, Jr., for a Conditional Use Permit for a duplex on lots 23 and 24, Block 105, Lakewood. Said parcel is located at 1405 Cypress Avenue and contains 7,000 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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 C. 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. (Item II-H.10 and Item II-H.11, Applications of F. Wayne McLeskey, Jr., were voted upon together.) November 5, 1984 - 20 - Item II-H.11 PLANNING ITEM # 22738 Richard Browner represented the application Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR., for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR. FOR A CONDIIIONAL USE PERMIT FOR A DUPLEX R01184689 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of F. Wayne McLeskey for a Conditional Use Permit for a duplex on Lots 9 and 10, Block 120, Lakewood. Said parcel is located at 900 and 902 13th Street and contains 7,000 square feet. VIRGINIA BEACH BOROUGH. This OrdinAnce shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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. (Item II-H.10 and item II-H.11, Applications of F. Wayne McLeskey, Jr., were voted on together.) November 5, 1984 - 21 - Item IT-H.12 PLANNING ITM # 22739 Attorney Robert Cromwell represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of SANDBRIDGE CHAPEL for a Conditonal Use Permit as per the following: ORDINANCE UPON APPLICATION OF SANDBRIDGE CHAPEL FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01184690 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Sandbridge Chapel for a Conditional Use Permit for a church at the southwest intersection of Little Island Road and Bonita Lane on Lot 16, Section 1, Back Bay Meadows and at the southeast and northeast intersections of Little Island Road and Bonita Lane on Lots 87-90, Section 2, Tract C, Sandbridge Beach. Said parcels contain 1.62 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: rent-ftge 1. A 15-foot dedication of right-of-way along the frontage on Sandpiper Road, 45 feet from the centerline of the existing 60-foot right-of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan shall be eliminated; however, an agreement shall be filed with the City stating that the Church will not construct on this 15 feet so the City may have this property, wbenever necessary, for Ferrell Parkway. The only improvements to be constructed or installed within this 15 feet shall be landscaping. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-fbur. 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. November 5, 1984 - 22 - Item II-H.13 PLANNING ITEM # 22740 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council DENIED an Ordinance upon application of J. MORTER for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF J. MORTER FOR A CONDITIONAL USE PERMIT FOR TWELVE SINGLE-FAMILY DWELLING UNITS Ordinance upon application of J. Morter for a Conditional Use Permit for 12 single family dwelling units in the AG-1 Agricultural District on certain parcels located 600 feet north and south of Hungarian Road beginning at a point 7,820 feet more or less west of Balckwater Road as shown on the plat entitled "Subdivision of Parcels A & B of Blackwater Forest" on file in the Department of Planning. Said parcel contains 36 acres more or less. BLACKWATER 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., 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. November 5, 1984 - 23 - Item II-H.14 PLANNING ITEM # 22741 Attorney Richard E. Payne represented the applicant Reference was made to a letter from Captain C. L. Tinker, Commanding Officer, of the Naval Air Station Oceana, in opposition to this application (Said letter is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of HICKORY CORPORATION for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 to A-2 Z01184911 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Hickory Corporation for a Chang6 of Zoning District Cldssification from A-1 Apartment District to A-2 Apartment District on certain property located on the north side of Virginia Avenue beginning at a point 640 feet more or less west of Rudee Avenue, running a distance of 125.79 feet along the north side of Virginia Avenue, running a distance of 231.18 feet in a northwesterly direction, running a distance of 248.92 feet in an north- easterly direction, running a distance of 181 feet in a southeasterly direction and running a distance of 213.80 feet in a southerly direction. Said parcel contains 1.5 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Noise Disclosure Statements shall be provided to the purchasers or renters of the property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. 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: November 5, 1984 None Council Members Absent: - 24 - Item II-H.15 PLANNING ITEM # 22742 R. E. Dudley, builder in Virginia Beach, represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of JOIM B. AND MAUREEN JARD for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF JOHN B. AND MAUREEN JARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2 (AS AMENDED) Z01184912 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of John B. and Maureen Jard for a Change of Zbning District Cla8sification from R-5 Resi- dential District to A-4 A-2 (AS AMENDED) Apartment District on property located at the southeast corner of Birdneck Road and Chinquapin Lane. Said parcel is located at 1051 Chinquapin Lane and contains I acre. LYNNHAVEN BOROUGH. Prior to the changing of tbe official zoning maps, the following condition will be met: A variable width right-of-way dedication along Chinquapin Lane, 25 feet from the centerline of the existing right-of- way to provide for an ultimate 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 Fifth Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert 0. Jones, and Meyera E. Obernodrf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Vice Mayor McClanan ABSTAINED as husband is involved in a closing regarding this property. November 5, 1984 - 25 - Item II-H.16 PLANNING ITEM # 22743 David C. Eckhart, real estate broker and one of the principals involved in the application, represented the applicant Attorney Lorin D. Hay represented the applicant Ray Duell, President of Virginia Beach Civic Coalition, spoke in favor of the application Herbert Smith, owner of Fox-Ridge, a Horse Farm, spoke concerning the possible erection of a fence. Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of S.I.R., Ltd. for a Cbange of Zoning per the following: ORDINANCE UPON APPLICATION OF S.I.R., LTD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO R-5 Z01184913 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 R-3 Residential District to R-5 Residential District on certain property located on the South side of London Bridge Road, 1550 feet more or less east of Pine View Avenue. Said parcel is located at 2341 London Bridge Road and contains 15.2 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: A variable width right-of-way dedication along London Bridge Road to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. The following condition shall also be required: Noise Disclosure Statements shall be provided to the purchasers of the property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eigh@iour._ Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, E. 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. November 5, 1984 - 26 - Item II-H.17 PLANNING ITEM # 22744 Attorney Morris H. Fine represented the applicant Harry L. Snyder, the applicant, was also in attendance Michael Pasquale, resident of 601 Gay Drive, spoke in opposition Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of HARRY L. SNYDER for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF HARRY L. SNYDER FOR A CHANGE OF ZONLNG DISTRICT CLASSIFICATION FROM 0-1 TO B-1 (AS AMENDED) Z01184914 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Harry L. Snyder for a Change of Zoning District Classifitation from 0-1 Office District to B-1 Business-Residential District (As Amended) on Lot 6, Fremac Lake Shores. Said parcel is located at 1353 Laskin Road and contains 23,086.8 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of November, Nineteen Hundred and Eighty-four. Voting: 9-1 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, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. November 5, 1984 - 27 - Item II-I.I.a.b.c. RESOLUTIONS ITEM # 22745 Special Revenue Bonds Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council ADOPTED the following Resolutions: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOFMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $10,000,000 TO TERRY/ PETERSON ASSOCIATES II PROJECT (CHIMNEY HILL APARTMENTS) RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $5,000,000 TO TERRY/PETERSON ASSOCIATES I PROJECT (PEMBROKE CROSSING APARTMENTS) RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $10,000,000 TO 195 ASSOCIATES 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 Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. City Council requested the Staff report concerning the total cumulative revenue lost by the City of Virginia Beach regarding the issuance of these Special Revenue Bonds by Redevelopment and Housing Authorities, to contact cities who have Redevelopment and Housing Authorities and determine the amount of monies actually going into the General Revenue Fund, and determine if the City's Industrial Development Authority would be in a position to issue these bonds. November 5, 1984 SUMMARY SHEET CITY OF-VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Terry/Peterson Associates II Proje(@i 1. PROJECT NAME: Chimney Hill Apartments 2. LOCATION: Northwest corner of Addison Street and Chimney Hill Parkway 3. DESCRIPTION OF PROJECT: 204-Unit Rental Aparliment Project T--Story Garden Apartents 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: Frederick J. Napolitano Richard E. Olivieri John H. Peterson, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A The purpose of this Resolution is to invite and encourage the Suffolk Redevelopment and Housing Authority to issues its Special Revenue Bonds for the benefit of Terry/Peterson Associates II (Chimney Hill Apartmonts). 1 1/5/ 9 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA - PROJECT NAME: Chimney Hill Apartments (Terry/Peterson Associates II Project) TYPE OF FACILITY: 204-Unit Rental Apartment Project 1. Maximum amount of financing sought $io,ooo,ooo 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 6,936,000 3. Estimated real property tax per year using present tax rates $ 55,488 4. Estimated personal property tax per year using present tax rates $ N/A 5. Estimated merchants' capital (business license) tax per year using present tax rates $ - N/A 6. Estimated dollar value per year of goods $5,712,000 - During con- and services that will be purchased struction locally $ 195,840 --T@eafter 7. Estimated number of regular employees on year round basis 8 B. Average annual salary per employee $ 15,000____ The information contained in this Statement is based solelv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By CE-air-ma-n- OCEANA I N 11 I-KIN('I: S ANNI I T NOUSTRIAL U.Nil wi.l.. NE SCALE I'z 2640 (.5 MILE) AR 2640 0 2640 5280 7920 10! 0 1 2 MILES (Terry/@eterson Associates I p 7. caw-c--r i4,bb &c s6 A-'Z Pi'Q'b % b a %i ec--r RESOLUTION WHEREAS, Terry/Peterson Associates II, a Virginia general partnership, or any partnership or corporation of which Frederick J. Napolitano is a partner or shareholder (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 housing in order to provide needed apartment dwellinqs; and WHEREAS, the Developer desires to finance the development of said housing with the proceeds of special revenue bonds exempt from taxation pursuant to SS 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Suffolk Redevelopment and Housing Authority (the "Authority") has the power to make loans for assisting 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 for the 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 the Developer and the fur- therance 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 costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. Adopted this 5th day of November, 1984. -2- 1/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Pembroke Crossing Apartments (Terry/Peterson Associates I Project) TYPE OF FACILITY: 100-Unit Rental Apartment Project 1. Maximum amount of financing sought $ 5 , 0 0 O., 0 0 0 2. Estimated taxable value of the facility's real property to be constructed in the municipality $-L, 00,000 3. Estimated real property tax per year using present tax rates $ 26,720 4. Estimated personal property tax per year using present tax rates $ - -N/A 5. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A__ 6. Estimated dollar value per year of goods $2,800,000 - During con- and services that will be purchased struction locally $ @--T@eafter 7. Estimated number of regular employees on year round basis 4 8. Average annual salary per employee $ 1 5 , 0 0 0 The information contained in this Statement is based solelv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By-- ci7a-i r-m a-n--- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Terry/Peterson Associates i Project 1. PROJECT NAME: Pembroke Crossing Apartments Intersection of Pembroke Boulevard 2. LOCATION: and Witchduck Road, north of Pembrok Boulevaid 6fi-d e-a, 3. DESCRIPTION OF PROJECT: 100-Unit Rental Apartment Project 2-Story Garden Apartme t@s 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: Frederick J. NaDolitano Richard E. Olivieri John H. Peterson, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A The purpose of this Resolution is to invite and encourage the Suffolk Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Terry/Peterson Associates I (Pembroke Crossing Apartments). LLk@l/A VEN INLET (11,10 !O 0 > ,4 SCALE 1 2640 (.5 MILE) 0 0 2640 5280 7920 10560 FE 0 1 2 MILES -06 @V PR OSEC LCC@TI ON -P Q- oz r, c-T tv A -1 F- -PE m th(t ov-F- ce-@ @ AI?Altrv-L-- (Terry/Peterson Associates I) N. 1. LAi i 'rC-@@vcw- -T LA p @ 0 1: @ a o.A tz c r P. ip Atr RESOLUTION WHEREAS, Terry/Peterson Associates I, a virginia general partnership, or any partnership or corporation of which Frederick J. Napolitano is a partner or shareholder (the "Developer") desires to construct housing in the City of Virqinia Beach, Virginia (the "City"); and WHEREAS, the City wishes to induce the construction of housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the development of said housing with the proceeds of special revenue bonds exempt from taxation pursuant to S 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Suffolk Redevelopment and Housing Authority (the "Authority") has the power to make loans for assisting 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 for the 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 the Developer and the fur- therance 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 costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. Adopted this 5th day of November, 1984. -2- SUMMARY S@EET CITY Ok IR lif A B DEVELOP14ENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: 195 Associates Project North side of Virginia Beach Boule- 2. LOCATION: vard, four hundred feet east of,-. Davis Street, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: approximately 195@unit rental apart- ment project 4. AMOUNT OF BOND ISSUE: $10,000,000 S. PRINCIPALS: Ramon W. Breeden, Jr., 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. is rezoning proposecl? Yes No X C. If so, to what zoning classification? N/A The purpose of this Resolution is to invite and encourage the Suffolk Redevelopment and Housing Authority to issue its Special Revenue Bondo for the benefit of 195 Associates. 1/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: 195 Associates Project TYPE OF FACILITY: 195-Unit Rental Apartment Project 1. maximum amount of financing sought $ 1 0 1 0 00 I 0 0 0 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 8 , 0 0 0 , 0 0 0 3. Estimated real property tax per year using present tax rates $ 64,000 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 $ 350,000 7. Estimated number of regular employees on year round basis 10 8. Average annual salary per employee $ 15,000 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 repect thereto. City of Virginia Beach Development Authority By -Cliairman'-- RESOLUTION iQHEREAS, 195 Associates, a Virginia general partnership, or any partnership or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder (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 housing in order to provide needed apartment dwellings; ard WHEREAS, the Developer desires to finance the development of said housing with the proceeds of industrial development revenue bonds exempt from taxation pursuant to SS 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Suffolk Redevelopment and Housing Authority (the "Authority") has the power to make loans for assisting 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 for the 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 the Developer and the fur- therance 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 costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. Adopted this 5th day of November, 1984. -2- q d10 C-, m 0 0 0 riF H Z 0 Ln <D mu, F'- A) En rn (n P. 0 (t P, a (D0 0) tJ 1-h 0rt M (D .:7 cn mID ct rt > z tTi C) 'V ). z> > > m M> > 0m til xx > mZ a 0 M > ZC) oz n> > z - 28 - Item II-I.2 ORDINANCE ITEM # 22746 Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to amend and reordain Section 36-172 of the Code of the City of Virginia Beach relating to the maximum rate of fare for TAXICABS. 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. November 5, 1984 - 28a - AN ORDINANCE TO AMEND AND RBORDAIN SECTION 36-172 OF THE CODE OF TIIE CITY OF VIRGINIA BEACH RELATING TO THE MAXIMUM RATE OF FARE FOR TAXICABS. BE IT ORDAINED BY THE COUNCIL OFTHECITY OFVIRGINIA BEACH, VIRGINIA: Sm 36-172. Ma@um rat@Taxicabs. (a) No person owning, operating, controlling or driving a taxicab within the city shall ebarge an amount to exceed the following rates of fare: (1) For the first 4gii@gh44 one-fifth of a mile or fraction thereof . . . . . . . . . . . . . . . . . $1.00 (2) For each succeeding @n@gli@ one-fifth of a mile or fraction thereof . . . . . . . . . . . . L2,Q (3) Trunk charge . . . . . . . . . . . . . . .0.50 (4) For each minute of waiting time . . . . . .0.15 (5) Gasoline surcharge, per trip . . . . . . .0.50 If hired on an hourly basis, the rate of nine dollars ($9.00) per hour shall apply. (b) Reserved (c) Notwithstanding the provisions of this section, taxicabs bringing passengers into tbis city from witbout the city shall charge the rates prescribed by the city or county in which they are licensed. (d) Any application for a fare increase under this section shall include justification for such fare increase and such financial and operating information as may be requested by the city manager. The city council shall hold a public hearing before acting on any such application for a fare increase, after public notice for at least ten (10) days. This ordinance shall be effective froni date of adoption. Adopt d the Coouvneci by v of beof the City of Virginia Beach on the da N r 1984. AP ATUP.E DEPARTMENT @19ATURE CITY ATTORNEY November 5, 1984 - 29 - Item II-J. CONSENT AGENDA ITEM # 22747 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED in ONE MOTION, Items 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of the CONSENT AGENDA. Item No. 2.a.b.c. was voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heiscbober, 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. November 5, 1984 - 30 - Item II-J.1 CONSENT AGENDA ITEM # 22748 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED a Resolution authorizing and directing the City Manager to execute a lease agreement between the City of Virgi.nia Beach and the Virginia Commission of Game and Inland Fisheries for the purpose of expanding and renovating the OWLS CREEK BOAT RAMP. 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. November 5, 1984 - 30a - A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA COMMISSION OF GAmE AND INLAND FISHERIES FC)R THE PURPOSE OF EXPANDING AND RENOVATING THE OWLS CREEK BOAT RAMP WHEREAS, the Virginia Commission of Game and Inland Fisheries (Commission) proposes to expand and renovate the Owls Creek boat rarip at no charge to the City of Virginia Beach; and WHEREAS, prior to the commencement of such improvement to the said boat ramp, it will be necessary for the City of Virginia Beach to enter into a lease agreement with the Commission; and WHEREAS, the Council of the City of Virginia Beach deems it desirable that the Commission expand and renovate the said boat ramp; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that it is in the best interests of the citizens of the City of Virginia Beach that the City and the Comrqission enter into a lease agreement for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute the attached lease agreement on behalf of the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fif th day of November 1984. GLF/sm November 5, 1984 30b - PROPERTY LEASE AGREEMENT This Lease and Agreement is entered into on this day of 19 1 by the Virginia Commission of Game and Inland Fisheries, hereinafter referred to as "the Commission" and the City of Virginia Beach, hereinafter referred to as "Landowner". WITNESSETH THAT: Whereas the Landowner deems it desirable that the Comission establish public boat ramps, docks and related facilities on the hereinafter described property; and, Whereas the Commission is agreeable to establishing public boat ramps, docks, and related facilities; NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the Comission's improving the hereinafter described real estate with boat ramps/boat docks, without charge and subject to and in strict compliance with all the following conditions and requirements, the following described parcel(s) of real estate shall be leased to the Commission for a period of 20 years: A portion of land located off General Booth Boulevard and Owls Creek in the City of Virginia Beach, more specifically described on the drawings marked Exhibit "A" attached hereto and made a part hereof. The Commission is further granted I successive option period of 20 years each, provided the Commission notifies the Landowner in writing that it intends to accept each such successive period, which notice must be given by the Commission in writing thirty (30) days prior to the end of the current term of the lease, and should said notice not be given, then this lease shall lapse and be of no further force and effect. The above described tract of real estate is leased to the Commission for the purpose of constructing public boat ramps, and such other features as may be deemed necessary in the discretion of the Commission for the satisfactory operation of the said public boat ramps. The following special terms of obligation are mutually agreed upon, and violation of any terms by the Landowner may result in cancellation of the lease by the Commission. November 5, 1984 30c - The Commission shall: 1. Cause to be constructed boat ramps of sufficient size, quality, and engineering standards to be acceptable for public use. 2. Be responsible for the erection and maintenance of suitable signs for informational and regulatory matters. No other signs shall be erected without prior written approval of the Commission. 3. As a lessee have a Leasehold right to this property, and as such, shall be empowered to make any and all regulations in regard to use of the property. The Landowner shall, at no cost to the Commission: 1. Be responsible for the trash/litter cleanup and removal in accordance with normal acceptable sanitary standards as determined by the Commission. 2. Be responsible for mowing of grass and controlling of weeds, brush, or other vegetation in an acceptable eye-appealing manner as determined by the Commission. 3. Adopt and enforce appropriate ordinances to control traffic, sanitation, litter, and disorderly conduct within the area covered by this lease; provided that the Landowner shall not make any charge, direct or indirect, as a prerequisite for the use of this or any other boat launching facility constructed or maintained, in whole or in part, by the Commission, without the written permission of the Commission. 4. Share enforcement responsibilities with the Commission of all laws, ordinances, or regulations pertaining to the area covered by this lease. 5. Exempt the Commission from all taxes, levies, service charges, etc., on the area covered by this lease. 6. Be responsible for reasonably necessary maintenance of the ramps and docks as required, in the opinion of the Commission, for safe use by the public. 7. The Landowner shall be responsible for the reasonably necessary maintenance, grading, and upkeep of the access roads and parking areas. November 5, 1984 30d - This Lease and Agreement may be modified or amended upon written agreement to so modify and amend, executed by all parties hereto. This Lease and Agreement is executed in triplicate. WITNESS THE FOLLOWING SIGNATURES: VIRGINIA COMMISSION OF GAME AND INLAND FISHERIES Attest: By: Executive Director LANDOWNER Attest: By: Authorized Official November 5, 1984 - 'In. - - Li November 5, 1984 30f yp Tip. .,ZB Noveinber 1984 74 P)t -76@ TYP Typ. November 5, 1985 - 31 - Item II-J.2a.b.c. CONSENT AGENDA ITEM # 22749 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the City Manager's Revised ORGANIZATIONAL STRUCTURE: a. Resolution to remove Deputy and Assistant City Manager from the City Pay Plan. b. Ordinance to add Section 2-151.1 to Article IV, pertaining to the City Manager, and amending Section 2-75, Article III, pertaining to officers and employees generally, of the Code of the City of Virginia Beach, Virginia. c. Ordinance to authorize the transfer of appropriations in the amount of $150,000 and allocate positions for the new City Organization Structure. * Corrected to read Assistant City Manager for Human Services rather than Assistant City Manager for Human Resources. * Corrected to read assistant city manager for human services rather than assistant city manager for human service. Voting: 10-0 Council Members Voting Aye. John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones@ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye - 31a REBOLUTION TO REMOVE DEPUTY AND ASSISTANT CITY MANAGERS FROM THE CITY PAY PLAN WHEREAS, the City Council has approved the establishment of poaitions for Deputy City Manager for Development, Assistant City Manager for Administration, Assiatant City Manager for Human Servicea and Asaintent City Manager for Analysis and Evaluation, and WHEREAS, the City Manager domires that these positions not be included on the pay plan for employeas of the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the Director of Personnel is directed to exclude from th* pay plan the poaitions of Deputy City Manager for Development, Asaistant City Manager for Administration, Assistant Clty Manager for Human Services and Aasiatent City Manager for Analysis and Evaluation. Adopted by the Council of the City of Virginia Beach, Virginia on the _ 5__ day of _November 19-84 ------------------------- November 5, 1984 - 31b - AN ORDINANCE TO ADD SECTION 2-151.1 TO ARTICLE IV, PERTAINING TO THE CITY MANAGER, AND AMENDING SECTION 2-75, ARTICLE III, PERTAINING TO OFFICERS AND EMPLOYEES GENERALLY, OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-151.1 of the Code of the City of Virginia Beach, Virginia, is hereby added pertaining to City Manager and Section 2-75 is hereby amended and reordained pertaining to Officers and Employees Generally and read as follows: Section 2-151.1. Deputy city manager and assistant city managers. The following positions are hereby created in the office of the city manager: the deputy city manaqer for development, the assistant city manager for administration, the assistant city manager for analysis and evaluation and the assistant city manager for human services. Their duties shall be such as may be prescribed by the city manager. Section 2-75. Service d@ivided into exempt and merit services; composition of exempt service. (a) The service of the city is divided into exempt service and merit service. (b) The exempt service shall consist of: (1) Members of the city council and all other elected officials or persons appointed to fill vacancies in elective offices. (2) The city manager, the deputy city manager, assistant city managers, assistants to the city manager and all heads of departments or offices who are appointed by the city manager. (3) Constitutional officers and their employees. (4) All appointees of the city council. (5) Employees of the health department. November 5, 1984 - 31c - (6) Employees of the school board. (7) Judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts. (8) Employees of social services. (9) Employees of the agriculture department compensated by the state. (10) The general registrar. (11) Employees of juvenile probation. (12) Members of boards and commissions. (13) Any individual whose relationship with the city arises from or under any express contractual agreement to which such individual is a party or whose position is created by such contract. Adopted this 5 day ofnovember 1984, by the Council of the City of Virginia Beach, Virginia. KJC/da misc 10/31/84 11/15/84 November 5, 1984 -2- - 31d - AN ORDINANCE TO AUTHORIZE THE TRANSFER OF APPROPRIATIONS AND ALLOCATE POSITIONS FOR THE NEW CITY ORGANIZATION STRUCTURE WHEREAS, the City Manager has proposed a new city organization structure which requires the addition of positions for a Deputy City @tanager for Development, an Assistant City Manager for Administration, an Assistant City Manager for Human Services, and an Assistant City Manager for Analysis and Evaluation, and WHEREAS, the City Manager's FY 1985 budget message indicated that $150,000 of the General Fund-Reserve for Contingencies was ear,,narked for anticipated costs associated with the reorganization, and WHEREAS, it is necessary tliat this sum be transferred from the Reserve for Contingencies account in order for the City Manager to institute the reorganization, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the City Manager is authorized to transfer funds as necessary not to exceed $150,000 from the General Fund-Reserve for Contin- gencies to institute the new city organization structure. BE IT FURTHER ORDAINED that positions be created in the FY 1985 budget for tlie Deputy City Manager for Development, the Assistant City Manager for Human Services and the Assistant City Manager for Analysis and Evaluation in addition to the position for the Assistant City Manager for Administration which is already a budgeted position. Adopted by the Council of the City of Virginia Beach on the Fifth day of November 19 84 - November 5, 1984 KAR/2 ORD2 - 32 - Item II-J.3 CONSENT AGENDA ITEM # 22750 Uon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to add Section 12-30 of the Code of the City of Virginia Beach, Virginia, pertaining to FIRE DEPARTMENT RECORDS. 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. November 5, 1984 - 32a - AN ORDINANCE To ADD SECTION 12-30 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING M FIRE DEPARTMENT RECORDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 12-30 of the Code of the City of Virginia Beach, Virginia, pertaining to fire department records, is hereby added and reads as follows: Section 12-30. Authority of department to furnish copies of records, and fees therefor. (a) The department of fire protection is hereby authorized to furnish photostatic copies of fire reports and to allow fire reports to be viewed by proper persons. (b) For the services mentioned in subsection (a) above, the following fees shall be charged: (1) Photostatic copy of fire incident report: $3.00. (2) Photostatic copy of fire inspection report: $3.00. (3) Pulling fire report to review only: $3.00. Adopted this 5 day of 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da 9/27/84 (MISC.1) November 5, 1984 - 33 - Item ii-i.4 CONSENT AGENDA ITEM # 22751 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer funds of $13,000 to the DEPARTMENT OF PUBLIC WORKS for construction of a RAMP at the Beach for the physically handicapped. 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. November 5, 1984 - 33a - AN ORDINANCE TO TRANSFER FUNDS OF $13,000 TO THE DEPARTMENT OF PUBLIC WORKS FOR CONSTRUCTION OF A RAMP AT THE BEACH FOR THE PHYSICALLY HANDICAPPED WHEREAS, the Department of Public Works has reviewed and recommends a proposal to construct a ramp that would provide access to the beach for the physically handicapped, and WHEREAS, the project also has the supdort of the Mayor's Committee on the Handicapped, the Endependence Center/Community Services Board, and adjoining property owners, and WHEREAS, a site at 17th Street has received the most support for this effort and seems appropriate because of its availability to public restrooms and the municipal parking lot, and WHEREAS, the estimated construction costs for this project are $13,000 and funds are available by transfer from the General Fund Reserve for Contingencies. NOW THEREPORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $13,000 be transferred from the General Fund Reserve for Contingencies to the Department of Public Works for construction of a ramp at the beach for the physically handicapped. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 5 day of November 1984. November 5, 1984 - 34 - Item II-J.5 CONSENT AGENDA ITEM # 22752 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer funds of $505 from the General Fund Reserve for Contingencies to the POLICE DEPARTMENT for reimbursement of legal expenses incurred by a POLICE OFFICER in the performance of his duties. 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. November 5, 1984 - 34a - AN ORDINANCE TO TRANSFER FUNDS OF $505 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REII,'@BURSEIIENT OF LEGAL EXPENSES INCURRED BY A POLICE OFFICER IN THE PERFORTIANCE OF IIIS DUTIES WHEREAS, a Virginia Beach police officer was charged with assault in the course of his duties, and WHEREAS, the officer incurred legal fees of $505 in preparing his defense, and WHEREAS, the complainant withdrew the warrant against the officer and the officer is seeking, from the City, reimbursement of his legal fees in accordance with Section 15.1-131.6 of the Code of Virginia, and WIIEREAS, City Council considers tliis request reasonable and proper. NOW THEREFORE Bv- IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $505 be transferred from the General Fund Reserve for Continqencies to the Police Department for legal fees involving the above incident. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 5 day of November 1984. November 5, 1984 - 35 - Item II-J.6 CONSENT AGENDA ITEM # 22753 upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement for HEALTH CONSULTING SERVICES and transferring funds of $31,650 for these services. Voting: 10-0 Council Meinbers 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. November 5, 1984 - 35a - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR HEALTH CONSULTING SERVICES AND TRANSFERRING FUNDS OF 031,650 FOR THESE 5ERVICES WHEREAS, a co*mittes of city and *chool officials has propared a request for proposal (RFP) seeking the **rvice& of an independent consultant to assist the city and school board with the exployes group health plan, and WHEREAS, among the services to be provided by the consultant are an analyze of the present health care programs, development of the most coat effective programs to wast amployes noeds, preparation of specifications for bidding the health care programs, and evaluation of ail propooala, and WHEREAS, based on the consultant proposals recoived, the committee recommends that the firm of Johnson and Higgins be selected as the con&ultant for the employee group health plan, and WHEREAS, :funda of 031.,650 are needed to employ the firm ,:bf@Johnson.-and Higgi" 'for thecity's share of the cost of the'.0 services, and @ WHEREAS,'the,necosearlp@:f@nds are availabis :from the General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Nonager is hereby authorized to execute an agreement with the firm of Johnson and Higgins for health consulting services baosd on their proposal. BE IT FURTHER ORDAINED, that fund4 of 031,650 be transferred from the General FuAd Reserve for Contingencies to provide for the city's share of the cost for these servico*. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 day of November 19, 84 --- ............................ ------- November 5, 1984 - 36 - Item II-J.7 CONSENT AGENDA ITEM # 22754 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer $24,500 for the relocation of the ECONOMIC DEVELOPMENT DEPARTMENT. 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. November 5, 1984 36a - AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR THE KELOCATION OF THE ECOMONIC DEVELOPt4ENT DEPARTMENT WHEREAS, office space for the Administrative and Industrial Development divisions of the Department of Economic Development has become inadequate, and WHEREAS, the reallocation of those divisions to leased office space on Lynnhaven Parkway in the Oceana West Industrial Park will allow them to function more efficiently and to better serve the City's economic development program, and WHEREAS, the relocation will require the expenditure of $24,500 for a commercial mover, office furniture, a telephone system, and the con- struction of bookcases/storage spaces, and WHEREAS, appropriations may be transferred within the FY 1984-1985 Operating Budget of the Department of Economic Development for the relocation costs. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $24,500 be transferred within the Department of Economic Development for the cost of relocating the Administrative and Industrial Development Divisions offices. Adopted by tlie Council of the City of Virginia Beach on the 5 day of November 19 84 . November 5, 1984 - 37 - Item II-J.8 CONSENT AGENDA ITEM # 22755 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to transfer Capital Projects appro- priations to provide for current needs of projects included in the preliminary FY 1985-1989 CIP. 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. November 5, 1984 - 37a - AN ORDINANCE TO TRANSFER CAPITAL PROJECTS APPROPRIATIONS TO PROVIDE FOR CURRENT NEEDS OF PROJECTS INCLUDED IN THE PRELIMINARY FY 1985-1989 CIP WHEREAS, the preliminary FY 1985-FY 1989 Capital Improvement Program details the City's capital project needs for the next five years, and WHEREAS, based on the most recent cost estimates from various departments, there is a need to transfer existing appropriations to bring current funds in line with current project needs as shown in the preliminary CIP, NOW, THEREFORE, BE IT ORDAINED BY THE OOUNCIL OF THE CITY OF VIRGINIA BEACH that appropriations be transferred between capital projects and from the liater and Sewer Reserve for Contingencies as enumerated below to provide for current capital projects needs. Project Class/Project Amount Highway Projects Transfer To: 2-804 North Beach Storm Drainage-Phase II + 1,184,106 2-806 Indian River Road-Phase 11 + 400,724 2-933 Lynnhaven Parkway-Phase VI + 780,000 Transfer From: 2-003 Lynnhaven Parkway-Holland Road Intersection - 780,000 2-705 Bonney Road - 597,268 2-805 Kempsville Road-Phase I - 987,562 Net Change -0- Water and Sewer Projects Transfer To: 5-304 Small Line Improvements + 188,949 5-623 Columbus Street Pump Station #2 + 2,787 5-800 Virginia Beach Blvd. Main-Phase IIA + 858 5-959 Emergency Production Well-Suffolk + 60,848 5-960 Emergency Production Well-Isle of Wright + 28,400 5-961 Emergency Production Well- Southamption + 4,706 6-815 Infiltration, Tnflow, and Rehabilitation + 760 6-903 Lynnhaven Colony + 164,883 6-924 County and Kempsville Connection to HRSD + 100,000 6-930 Lynnhaven Acres + 5,000 November 5, 1984 - 37b - Transfer From: * @306 Water Distribution-75% - 164,081 * 6-315 Queen City - 1,385 * 6-316 Various Sewer Projects - 212,854 C 905 First Colonial Road - 1,139 Improvements to Site - 16,019 Water and Sewer Reserve for Contingencies - 161,713 Net Change -0- Active Project. Included in the preliminary CIP Substantially Completed Project. T)oes not appear in the preliminary CIP Adopted by the Council of the City of Virginia Beach on the day of 19-. FIRST READING: November 5, 1984 SECOND READING: November 5, 1984 RATS-16/ORDl-1, ORDl-2 37c m(D o- 0 0 00 w :4 09 00 o, m -00 co - o, ba 00 w 00 a, w 00" 00 ol@@@eD @ g a"Dg a, @ 0 )R8. - w -VV-- . . @: . 91 SID 00 OD 0. 0 a, o. @00-- w 00 o00 o 10 a, 0. 4-OWN o, m lb 0- m m m m m m m m m m November 5, 1984 - 38 - Item II-J.9 CONSENT AGENDA ITEM # 22756 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $864,280 to the SCHOOL OPERATING FUND for the HEALTH INSURANCE PROGRAM. 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. November 5, 1984 - 38a - AN ORDINANCE TO APPROPRIATE FUNDS OF $664,280 TO THE SCHOOL OPERATING FUND FOR THE HEALTH INSURANCE PROGRAM WHEREAS, over the last few years City Council has held constant the amount of the city employee contribution in the health insurance program by funding the health insurance deficits, and WHEREAS, in FY1983-1984 the School Board r)assed on to school employees the increased health insurance costs by increasing employec contributions by a total of $864,280, and WHEREAS, as a result, the city's contribution to the health insurance program per employee is greater than the amount the school district contributes per school employee, and WHEREAS, it is the request of the School Board that City Council apDroDriate a sum of $864,280 to the School Operating Fund to bring in line the amount contributed per school employee with the amount contributed per city employee, and WHEREAS, the necessary funds are available from the General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $864,280 be appropriated from the General Fund Balance to the School Operating Fund for the School Health Insurance Program. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on - day of 1984. PUBLI-- HEARING: November 5, 1984 FIRST READING: N@vprnhpr 5- 1984 SECOND READING: - 39 - Item II-J.10 CONSENT AGENDA ITEM # 22757 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $71,868 for the FEDERAL FOOD STAMP EMPLOYMENT SERVICE PROGRAM. 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 C. 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. November 5, 1984 - 39a AN ORDINANCE TO APPROPPIAT9 FUND* OF 071,8q8 FC)R T"E FEDERAL FOOD @tamp empi.OYMONT ZERVICE P@OGRAM WHEREAS, the Dqpai7t*ent of Vocial Services has been notifigd that the Federal FooO Stamp Emplpympnt 5orvice Program will be extended from October 1, 1984 through Juns aO, 1985, and WHEREAS, thia program is funded in the PY 84-65 Operating Budget for ooly three mqnth*, and WHEREAS, in order to continue thle program to thp and of the year an additional,appr@priation of $71,860 is n4eded, and WHPRVA,9, the *4ditional appropri4tion will provide for and fr*nge benefits for three socidl workers apd two clerical positions, and WHgREA.5. the city will be roimbursed at the r*te of .100k for all expenditures relating to this program, NOW,,THEREFOIIE,, BE IT C)RDAINED BY 'rHE COUNCIL OF TliE CITY OF VIRGINIA @EACH that fuhdo of V7X,4168 are horeoy appropriated to the Department of @cial Servcces Xor salaries and fringe benefitr. relate4 to the continuation through June SOO 19" of the Federal Food $tamp E*ployment Service PrQgFam, BE IT FURTHER ORDAINED that EbtlmatoO Revenoeo from the Federal Government be increased by 071,660 to findnCI3 the appropriation. AdpptoO by tho Council of the City of V*rginin Bpach on the ____@_day of @_@ -------------------------- First Readihj:__- November 5,-1984 ----------------- togond Rapding: -------------------------------- November 5, 1984 - 40 - Item II-J.11 CONSENT AGENDA ITEM # 22758 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate $36,341.00 from the SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP). 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. November 5, 1984 - 40a - AN ORDINANCE TO ACCEPT AND APPROP FUNDS FROM TTIE SO VIRGINIA AREAWIDE MODEL P (S WHEREAS, the Department of Health has detennlned a rip-ed to continue providing for the health related problems of elderly individuals, and , the Departnient of Mental Health and Mental Retardation (M/MR) has determiried a need to cc)ntinue providing teniporary substitute care for elderly individuals while their family rs are absent, and WHEREAS, the SEVAMP has awarded the Department of Health $38,398.00 and the Departmnt of NH/MR $26,345.00 to provide their above respective services, and , City Council has already included $28,402.00 for the Depar @ nt of Health in the FY 84-85 operating budget. NOW, RE, BE IT 0 BY THE COLNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to accept the award and enter into the necessary contractual agreements for the city: Funds are hereby appropriated in the amount of $9,996.00 for the Department of Health and $26,345.00 for the Departnient of Mental Health and Mental Retardation. BE IT F 0 that the apprcpriations will be financed by $36,341.00 estimated revenue fran SEVAMP. FIRST READING: November 5, 1984 SEODND READING: November 5, 1984 - 41 - Item II-J.12 CONSENT AGENDA ITEM # 22759 Uon motion by Councilman Baum, seconded by Councilwoman Creech, City Concil ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lynnhaven Road, to LYNNHAVEN MALL ASSOCIATES, its assigns and successors in ti.tle. This Ecnroachment shall be subject to tbe following conditions: 1. This encroachment shall be constructed in accordance with City specifications. 2. This encroachment shall terminate upon notice by the City within 60 days. 3. The applicant shall hold the City harmless of any liability as a result of this encroachment. 4. This encroachment shall not be in effect until an agreement is executed encompassing the above conditions. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. November 5, 1984 - 41a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LYNNHAVEN ROAD, TO LYNNHAVEN MALL ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Lynnhaven Mall Associates, its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Lynnhaven Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining an irrigation system and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Lynnhaven Road as shown on that certain plat entitled: "Lynnhaven Mall, Virginia Beach, Virginia," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Lynnhaven Mall Associates, its assigns and successors in title and within sixty (60) days after such notice is given, said encroachment shall be removed from the November 5, 1984 - 41b - City right-of-way of Lynnhaven Road by the Lynnhaven Mall Associates and that the Lynnhaven Mall Associates, its assigns and successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Lynnhaven Mall Associates, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Lynnhaven Mall Associates executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of November I 9 84 MES/re 9/2 5/8 4 (29H) AS TO F-!:,rM "GNATURE CITY ATT()RNIFY November 5, 1984 41c 920 Itr i I I lit: L November 5, 1984 - 42 - Item II-J.13 CONSENT AGENDA ITEM # 22760 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing viewers in the petition of MITCHELL L. DUNBAR and LINDA S. DUNBAR for the closure of a portion of MAYNARD AVENUE (Kempsville Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager C. Oral Lambert, Jr. Director of Public Works 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 MeTnbers Absent: J. Henry McCoy, Jr., D.D.S. November 5, 1984 - 42a - ORDINANCE APPOINTING VIEWERS WHEREAS, mitchell L. Dunbar and Linda S. Dunbar have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 5th day of November, 1984, apply to the City Council of the City of Virginia Beach, virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what, inconvenience would result from the discontinuance of the herein- after described portion of that certain street of variable width, and have filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David M. Grochmal , and C. Oral Lambert, Jr. are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion any, and if any, what, inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the North right-of-way of Maynard Avenue at the dividing line between lots 10 and 11, "Plat of Euclid Place - Suburb of Norfolk, Virginia", recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, in Map Book 4, at pages 62 and 63; thence running along the North line of Maynard Avenue North 75@ 24' 28" East a CLARK STANT, P.C. distance of 189.01 feet to a point; and thence running South 31@ 391 54" East a distance of November 5, 1984 - 42b - 31.38 feet; and thence South on Maynard Avenue South 75' 241 28" West a distance of 210.29 feet; and thence North 7- 19, 7 " East a distance of 3 2 . 34 feet to the point of beginning. All of the above as shown upon that certain plat entitled, "Plat showing Portion of Maynard Avenue to be Closed, Bayside Borough, virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforesaid described street. gs.a oap.mld.c ADOPTED: November 5, 1984 CLARK SRANT, P.C. 2 November 5, 1984 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS MAYNARD AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF PORTION OF MAYNARD AVENUE TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA,,' WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMDERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, Mitchell L. Dunbar and Linda S. Dun- bar, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of that @certain street, which is more specifically described as follows: Beginning at a point on the North right-of-way of Maynard Avenue at the dividing line between lots 10 and 11, "Plat of Euclid Place - Suburb of Norfolk, Virginia", recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, in Map Book 4, at pages 62 and 63; thence running along the North line of Maynard Avenue North 75* 24' 28" East a distance of 189.01 feet to a point; and thence running South 31* 391 5411 East a distance of 31.38 feet; and thence South on Maynard Avenue south 751 241 2811 West a distance of 210.29 feet; and thence North 71 191 7" East a dis- tance of 32.34 feet to the point of beginning. Said parcel of land being a portion of Maynard Avenue, as indicated on that certain plat entitled "Plat showing Portion of Maynard Avenue to be Closed, Bayside Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afore- described street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said CLARK & STANT, P.C. street; and the Petitioners pray that this Honorable Council I appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the _ day of , 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 21st day of October, 1984 and on the 28th day of October, 1984, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land alonq and adjacent to and affected by said portion of the platted street are your Petitioners herein, Mitchell L. Dunbar and Linda S. Dun- @bar, P.O. Box 61918, Virginia Beach, Virginia 23462, R. E. Town- @send Estate and the City of Virginia Beach. Respectfully submitted, MITCHELL L. DUNBAR and LINDA,S. DUNBAR B,@ Of Counsei Gerard T. Schafer, Esquire CLARK & STANT, P.C. 900 Sovran Bank Buildinq One Columbus Center Virginia Beach, Virginia 23462 (804) 499-8800 gs.a p.mld.c CLARK STAN-R, P.C. 2 CLAP,K & STANT, P. C. ATTORNEYS AND COUNSELORS Al LA@' 10 ANN BL@IR ... @O@R@N BA.K BUIM@G LRARD T. SCHAFER 5TEPHI@N W'. BURKE @RL SCHV@AR@, nl DONALD H. CIARK O.E COLUMBUI CE@TER THO@15 B. 5HITTLEV'OKTH THO@5 R. FRANTZ. VIRCINIA BEACH,VIPC]NiA 23412 THOI@ U. @NYDER @P,EIOR)' A. CIORDANO FREDERICK T. STANT, rii ROBERI 1. HADDAD I.H. TYLER IT@T MICH@EL B. H@A. 5TEP.E@ C. @.AIN ERIC A. HA@IER TIL@C.@IEK:(.1.) Ll.UGLAS E. "@iLf T@LE.: I FREDERICK T. ST.INT, JR. @RY KEATIN@ ROBERT C. @IORECOCK .1 I.-IEI ROBI,RT @l@ REEL@ R@IBERI E. RULIIFF .11@ l@Ll NI, CERTIFICATE OF VESTING OF TITLE I, Gerard T. Schafer, attorney for Mitchell L. Dunbar and Linda S. Dunbar, do hereby certify that (1) I am an attorney at law and represent Mitchell L. Dunbar and Linda S. Dunbar, the Petitioners, (2) that if the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Marvin C. Overcash and Peter A. Agelas-lo, 111, Executors of the Estate of Elizabeth T. Overcash. Said property referred to herein is hereby described as follows: Beginning at a point on the North right-of-way of Maynard Avenue at the dividing line between Lots 10 and 11, "Plat of Euclid Place - Suburb of Norfolk, Virginia", recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, in Map Book 4, at pages 62 and 63; thence running along the North line of Maynard Avenue North 751 241 2811 East a distance of 189.01 feet to a point; and thence running South 31* 391 54" East a distance of 31.38 feet; and thence South on Maynard Avenue South 751 241 28" West a distance of 210.29 feet; and thence North 70 191 711 East a dis- tance of 32.34 feet to the point of beginning. - 43 - Item II-J.14 CONSENT AGENDA ITEM # 22761 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing viewers in the petition of HOLLAND OFICE PARK ASSOCIATES and R. G. MOORE BUILDING CORPORATION for the closure of a portion of BRANKSOME DRIVE (Kempsville Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager C. Oral Lambert, Jr. Director of Public Works 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. November 5, 1984 - 43a - ORDINANCE APPOINTING VIEWERS WHEREAS, Holland Office Park Associates and R. G. @loore Building Corp. have given proper notice, in accordance with the statutes for such cases made and provided that they will on the 5th day of November, 1984, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, what incon- venience, if any, would result from the discontinuance of the hereinafter described portion of that certain street, and have filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, Virginia, and more par- ticularly described as follows: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled "Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virgi- nia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern riqht of way line of Branksome Drive and the Northerly corner of Parcel A, 3 . 7 0 6Acres); thence from said point of beqinning running in a Northeasterly direction of North 42100100" East a distance of 61.85 feet to a point which is the South- western corner of Parcel B, (5.306 Acres); thence runninq along the Northern right of way line of Branksome Drive South 62'04'30" East a distance of 64.88 feet to a point; thence con- tinuing along said right of way line and following a curve to the right having a radius of 810.00 feet and a distance of 199.28 feet to a point; thence turning and running along the southern right of way line of Branksome Drive South 42101116" West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksome Drive Nortli 62@04'30" West a distance of 79.92 feet November 5 1984 - 43b - to said point of beginning. (Portion of Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acres) All the above as shown upon that certain plat entitled "Plat Showing a Portion of Branksome Drive to be Closed, Kemps- ville Borougli, Virginia Beach, Virginia", which plat is attached hereto and maci,- a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. ADOPTED: November 5, 1984 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CFRTAIN STREET, KNOWN, AS BRANKSOME DRIVE, AS SHOWN UPOti THAT CERTAIN PLAT ENTITLED " PLAT SHOWING A PORTION OF BRANKSOME DRIVE TO BE CLOSED" AS SHOtqN ON "SUBDIVISION OF A PORTION OF THE ESTATE OF HUGH E. OWENS, SR., KEMPSVILLE BOROEJGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Holland Office Park Associates and R.G. Moore Building Corp., respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled "Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virgi- nia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginning running in a Northeasterly direction of North 42100100" East a distance of 61.85 feet to a point which is the South- western corner of Parcel B, (5.306 Acres); thence running along the Northern right of way line of Branksome Drive South 62*04130" East a distance of 64.88 feet to a point; thence con- tinuing along said right of way line and followinq a curve to the right having a radius of 810.00 feet and a distance of 199.28 feet to a point; thence turning and running alonq the southern right of way line of Branksome Drive South 42*01116" West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuinq along said Southern right of way line of Branksome Drive North 62104'30" tqest a distance of 79.92 feet to said point of beginning. (Portion of Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acres) Said parcel of land being a portion of Branksome Drive, as indicated on that certain plat entitled "Plat Showing A Por- tion of Branksome Drive To Be Closed", as shown on "Subdivision of a Portion of The Estate of Hugh E. Ownes, Sr., Kempsville Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the ordi- nance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reasori of said closing, vacation, and discontinuance of said street; and the Petition prays tllat this Honorable Council appoint viewers as L)rovided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the _ day of 1 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 22nd day of October, 1984, and on the 29th day of October, 1984, notice of the presenting of this application was published in the Virginian Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of the land along the sotithwest and northeast portions of the platted street are your Petitioners herein, Holland office Park Associates and R. G. Moor,- Building Corp., 4480 Holland Office Park, Suite 225, Virginia Beach, Virginia 23452. Respectfully submitted, HOLLAND OF and R. G. MO By: co@g-L Robert E. Ruloff CLARK & STANT, P.C. One Columbus Center 900 Sovran Bank Building Virginia Beach, Virginia 23462 (804) 499-8800 CLARK 8 STANT, P. C. AT-rORNEYS AND COUNSELO@ AT LAW 10 AN. BLAIR 900 SOI@ BANK BUILDING CER.ARD T. SCHAFER STEPHEN W. BURKE KARL SCHWAPTZ, nl DONALD H. CLARK ONE COLU.BUS CE@R 'rHOMA5 B. 5HLTrTLEWORTH @O@5 FL. FRANTZ VIRGINIA BEACH,VIRGINIA 23462 THOMAS E. SNYDER rRECORY A. GIORDANO FREDERICK T. STANT, M ROBEP.T 1. HADDAD JOHN TYLER STANT MICFiAEL B. HAMAR TE@EPHONE: (8-) .99-88-- STEPFIEN C. SWAIN ERIC A. @USER TELECOPIER: (B-) @3-03.5 DOUGLA5 E. @HLE @LEX: 7108.@93@2 FREDERICK T. STANT, JR. @RY KEATING .F C.@.@@L ROBERT C. MORECOCK ROBERT M.REE. ROBERT E. RULOFF FIL@ CERTIFICATE OF VESTING OF TITLE I, Robert E. Ruloff , attorney for Holland Off ice Park Associates and R. G. Moore Building Corp., do hereby certify that: 1. I am an attorney at law and represent Holland Office Park Associates and R. G. Moore Building Corp., the Peti- tioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, virginia, then title to said property will vest in Holland Office Park Associates and R. G. Moore Building Corp., the adjacent landowners; in fee simple ownership. The said property referred to herein is hereby described as follows: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled "Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virginia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginiling running in a North- easterly direction of North 42100100" East a distance of 61.85 feet to a point which is the Southwestern corner of Parcel B, (5.306 Acres); thence running along the Northern right of way line of Branksome Drive South 62104'30" East a distance of 64.88 feet to a point; thence con- tinuing along said right of way line and following a curve to the right having a radius CLAP,K F6 STANT, P. C. of 810.00 feet and a distance of 199.28 feet to a point; thence turning and running alonq the southern right of way line of Branksome Drive South 42*01,16- West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksome Drive North 6200413011 west a distance of 79.92 feet to said point of beginning. (Portion of Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acr o r, E p uloff Subscribed and .r. 0before me this day of October, 1984. Notary Public My commission Expires: CURVE DATA NQI RADIU3 DELTA TANGENT ARC I 810.00' 14'-05'-4e 100. 15' ::9 Z 750 00. @2 14--05' 46' 97..73' z i 13 ZO' PERMANENT DRA114AGE EASEMENT_ CD (M,S@ 124, P 17) Now or Formerly PARCEL B LUKE CONSTRUCTION COMPANY, INC. 3. CO . (M.lk Ill P. 52)(0.9.1350,P Z74) 0 (M.S. 124 , P. 17) (D.R 1074, P 658) zw F, d 7 @20'PERMANENT ORAINAGE EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH,VIRGINIA Now or Formerly NKSOME EXPRESSWAY CONST CO. (M.B.111,P.4eA,49A,52) DRIVE TO K CLOSED (M.S. 107, P, 54) 0.364 ACRE @(D PARCEL A tkt& 124, P. 17) Ea 14ow or Formerly w HOLLAND OFFICE PARK > ASSOCIATES -o Ix (0.9. 1995, P. T79) .w Zz 0 d z w N 47'- 49'- 39' W 257. 53' HOLLAND ROAD (V(iriable Width) PLAT SHOWING A PORTION OF BRANKSOME DRIVE TO BE CLOSED KEMPSVILLE BOROUGH - VIRGINIA BEACH,VIRGINIA SCALE-: l" =.ioo' AUGUST,1984 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS-ENGINEERS-PLANNERS VIRGINIA BEACH,VIRGINIA 0 50 100 200 300 400 FEET GRAPHIC SCALE - 44 - Item II-J.15 CONSENT AGENDA ITEM # 22762 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing viewers in the petition of W. TAYLOR JOHNSON, JR., FOR THE ESTATE OF W. TAYLOR JOHNSON, SR., for the closure of an UNNAMED 30-FOOT LANE (Lynnhaven Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager C. Oral Lambert, Jr. Director of Public Works 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. November 5, 1984 44a OPDINANCE APPOINTING VIEWERS WHEREAS, the Estate of W. Taylor Johnson, Sr. by W. Taylor Johnson, Jr. , Trustee, has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on November 5, 1984, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, and, and if any, what inconvenience would result from the dis- continuance of the hereinafter described street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT t. David M. Grochmal C. oral Lambert, Jr. and are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL TIIAT certain 30' Lane (Unnamed) being and located in the City of Virginia Beach, Virginia, and being more particularly described az follows: Beginning at a point in the southwest corner of Lot 96 as shown on that certain physical survey entitled "Physical Survey for Street Closure Being An Unnamed 301 Lane & Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park"; and from said point of beginning thence N 031 381 00" E 147.3' to a point; thence along a curve to the left with a radius of 50' an arc distance of 283.64' to a point on the west side of the said 30' Lane; thence S 031 381 0011 W 147.241 to a point on the north side of Bay Colony Drive; thence in an easterly direction 30 feet, more or less, along the north side of Bay Colony Drive to the point of beginning. November 5, 1984 44a All the above as shown upon that certain physical survey entitled "Physical Survey for Street Closure Being An Unnamed 301 Lane & Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park" which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afore-described street. ADOPTED: November 5, 1984 November 5, 1984 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN STREET, KNOWN AS 30' LANE (UNNAMED), AS SHOWN UPON THAT CERTAIN PHYSICAI, SURVEY ENTITLED, "PHYSICAL SURVEY FOR STREET CLOSURE BEING AN UNNAMED 30' LANE & CUL-DE-SAC ADJOINING LOTS 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - SECTION 1, CAVAI,IER PARK", VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, the Estate of W. Taylor Johnson, Sr. by W. Taylor Johnson, Jr., Trustee, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of that certain street, which is more specifically described as follows: ALL THAT certain 301 Lane (Unnamed) being and located in the City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a point in the southwest corner of Lot 96 as shown on that certain physical survey entitled "Physical Survey for Street Closure Being An Unnamed 30' Lane & Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park"; and from said point of beginning thence 14 031 381 00" E 147.3' to a point; therice along a curve to the left with a radius of 50' an arc distance of 283.64' to a point on the west side of the said 30' Lane; thence S 031 381 00" W 147.24' to a point on the north side of Bay Colony Drive; thence in an easterly direction 30 feet, more or less, along the north side of Bay Colony Drive to the point of beginning. Said parcel of land being that certain 30' Lane (Unnamed), cul-de-sac and round traffic island, as indicated on that certain physical survey entitled "Physical Survey for Street Closure Being An Unnamed 30' Lane & Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park", which physical survey is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforesaid street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the llth day of December, 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of the said street, as herein reported and described. 3. That on October 23, 1984, and on October 30, 1984, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. That the fee simple owner of all land along and adjacent to and affected by said platted lane is your Petitioner herein, the Estate of W. Taylor Jobnson, Sr. by W. Taylor Johnson, Jr., Trustee, 141 Business Park Drive, Virginia Beach, Virginia. Respectfully submitted, ESTATE OF W. TAYLOR JOHNSON, SR. B@ 'I Wk Taylor J(Nhnson, Jf7., Trustee 2 ATTORNEY AND COUNSELLOR AT LAW .I.. VIR.INIA VIRGINIA BEACH, VIRGINIA 23452 340-0500 ('1@R'I'-I.FICATE OF VESTING OF TITLE @,k,pLeiiil)c,r 4, 1984 '-Vhe llanoribl.e City Council Ci.t.y o( klirgi-nia B(2Eicii t,'Iuyii.cip@i.1 CeritLr Vii:gini,i Bez,,c.,h, Virginia 23456 Dezir Meinbers of City Cotincil: 1, Bruce B. ttills, attorney for the Estate of Vi. Tayl(ir Johnson, Sr., do hereby certify that: 1. -.1 iiii ,ii-i ItL-()]-Ilcy It law iilcl represent tlic@ r,,'stito of W. 1101111',;Ull, ttirl-cl)u OWII(!@L' Of tl)L' Pi-operty; 2. If tli(-, IlropLrty descrii)cd bc@.low is discontinuld, closed @iiiki vicated by Lhe Council of the City of Virginia Beacli, Virginia, Lli(,ti Liltl.c@ Lo qaic'l property wil.1 vest iii LIIL@ Lstate of W. TIylor Johnson, Sr. the hol.der of the underlying fee in said property. That the Estate of W. Taylor Johnson, Sr. owns of record all land adjacent to the area to be closed. The said property referred to hereiri is hereby described as follows: ALL THAT certain 30' Lane (Unnamed) being and located in the City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a poiiiL :Ln the southwest corner of Lot 96 as shown on tliat cortai.n pliysicil. survey entitled "Physical Survey for Street Closure Being An Unnamed 30' Lane & Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park"; and froin said point of begi-nning theilce N 03@ 38' 00" E 147.3' to a poirit; thence along a curve to the left with a radius of 50' an arc distance of 283.641 to a point on the @vest side of the said 30' Lane; thence S 031 381 0011 w 147,241 to a point on the north side of Bay Colony Dri.ve; thence 4-n an easterly direction 30 feet, more or less, along the north side of Bay Colony Lo Llic,. poli)L c)f bcigi nni.ng. Y'Oijr's very truly,, @'B ritice B. Oil-is' - 45 - Item II-J.16 CONSENT AGENDA ITEM # 22763 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED the following Low Bids: Low Bid of ASPHALT ROADS AND MATERIALS COMPANY, INC., in the amount of $1,261,075.30, for the MILL DAM COMMUNITY IMPROVEMENTS, CONTRACT I; Low Bid of LUKE CONSTRUCTION COMPANY, INC., in the amount of $138,800.00 for the MILL DAM COMMUNITY IMPROVEMENTS, CONTRACT II; (CIP 6-831, 5-834, and 2-947) AND, Authorized the City Manager to enter into the necessary agreements for the implementation of these projects. 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. November 5, 1984 - 46 - Item II-J.17 CONSENT AGENDA ITEM # 22764 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute a Deed of Reversion from the City of Virginia Beach to S.A.S. ASSOCLATES for a Pump Station Site that is no longer used by the City of Virginia Beach. 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. November 5, 1984 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF REVERSION FROM THE CITY OF VIRGINIA BEACH TO S.A.S. ASSOCIATES FOR A PUMP STATION SITE THAT IS NO LONGER USED BY THE CITY OF VIRGINIA BEACH WHEREAS, on December 12, 1981, S.A.S. Associates conveyed to the City of Virginia Beach a Deed of Dedication for a pump station site (Site), said Deed having been recorded in the Circuit Court Clerk's Office of the City of Virginia Beach in Deed Book 2187, at Page 1379, a copy of said Deed attached as Exhibit A; and WHEREAS, that Deed specified that if the City of Virginia Beach should cease to operate the sewer pump station located on the Site, that property would revert to S.A.S. Associates; and WHEREAS, on or about August 10, 1984, the City of Virginia Beach activated the Bonney's Corner Sewage Pump Station, which diverted the sewage flows from the Site to the Bonney's Corner Sewage Pump Station; and WHEREAS, by this act, the Site has reverted to S.A.S. Associates and should be conveyed to them by the Deed of Reversion, a copy of said Deed of Reversion attached as Exhibit B; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to execute the attached Deed of Reversion conveying the Site from the City of Virginia Beach to S.A.S. Associates. Adopted by the Council of the City of Virginia Beach, Virginia, on November 5 1984. misci KJC/da 9/1 2/8 4 9/1 3/8 4 1 0/3/8 4 November 5, 1984 -TXHI@IT A I( 2 1 3 'l,l]IS 01.' ii)tide tliis 3.2@li dity or l@)Y iiiici I)c@tvv(@eii Associatos, ii Virfriiiiii troilei-al partilevslilp, I)arty of tlio fil-St pai,t, aiicl tlie City of Virgiiiia Beach, Vivgin-.a, a I\/Iilllit!il)ill (@ol' J)ol'IIt loil ill (1)(@ ('!Oflllllollw(@liltli 01' Vii'L?,.illiil, Ptll!ty of tlie vv I 11, iq l@ s s 17 11, I l; IVIII,,Itl',AS, tiie pLti,Ly uf ti@e SOCOII(L PUL,T dcsii,CS CCL-LUill PI'OPCVty @il)oWll oil 41 I)Ili( L@iiLitte(i "StiL)Llivi.,;ioji of S.A.S. lli,ol)L!i,y" foi- iise tis a ptjiiii) stittioti and foi- tlle bejicfit of '1110 gCIIL,,I'al PLibliL, aild call acquive tli(! SkII)jocL 1)1'0])L@i-Ly t)Y (@Oll(lollijiittioii 4iii(I by tile, exci-eisl of tlic l@)OW(@i, of cillilliiiiiiit (loilittill; Lilicl WTIElti?AS, tlie piivty or tile first part is williiig to vollillti),.ily coilLi,il)tltc, ttiid (joii[ite Llic 1)1'01?L@i,ty Col)VLY(,-(l Lo Llic L)III'ty of tile SOCUI)(I pai,t ill li(ILI of coiidciiiii,,itioli Pt-OCCO(Jilic...s pi-i- iiiai@ily fur Llie bl@iiefit uf tlie golici-ill public. NOW TIlEftr-FOIIL, iii coiisidet,atioii of the proinises, ttic pal-ty of tlle fiest part does liereby graii.t, dedicate, transfer alid convey unto tlie party of tlie secojid part, witli GoneriLl Warvaiity alid Fnglisil Coveiiniits of Title, the followiilg described property, to-wit; ALL 'I'IIA'P certiiiii parcel of ILiiid, witli t)ie iinprove- iiielits t[ici,ooli, l(i)owji, iiiiinbei-ed aild desigiiatod as "Puilip St@itioll Sitoll oii ti)tit c(@rttiiii plat clititled "Subdivisioii of S.A.S. l',,operty", niade by Basgier & Associates, aProfessioiial Corporation, Con@ulting Eiigineers, Su,,voyors and Planncrs, said plat being recoi-ded iii tlio Cl(,i,l@'s Office of tlle Cil-ciiit Cotil,t of tjle City of Vil-l@l-iiiiti Beacli, Vii-p-iiiia ill, IvIap Bool@ 152, at Page 54. I'P 13EING piti,t of Llie saiiic pi,operty conveyed to tlle party of tlie fii,st part by deed of S.B.R.C. A,@sociates, aVii-giiiia geiieval pai-tiiership, recoi,ded iii I)ee(:] 13c)ol< 21.32 itt P,,It,,e 20, in tile Office of @lie Clc@L.I< of Llie Cil,cuiL Coul-t of tlie City of Vii-ginia Beach, Virg-iiiia. is iiiadc expi-essly subject to tlio cojiditions, ii @l i i (:i i, L,.,4 (ii. vtt t i oiis ,;et foi,tli iii dtily i,eco:,.A-@ cl cecls, plats and otilei, iiisti, Lillielits constitutiiig coilsti,uctivo notice in 11 litn II of, titl(,. t(-) 'ti,,[? !)I,t)[)Cl,ty 1'.0,1,01)y CO!'IVOY('Ll lill@tc: I iL)@ !,Iy oi, becoiiie iiiof- 1 3 0 t@!l) @l II c L" illicl 1- k,-v 01- d ti L i oil llc!i, (@or, tlil I,)ttL, ty of ti@.@ secoild @.1 1)@ S()IOly @IL)SPoiisiUlo l'ui- tlil iiiiiijiLLiittiiL(, tilid ul)(,i,ittioii of LliL, sewol, I)tillll) st@itioii ivliicll coiistjttit(,,s tlio iiiiprovuifl'?nt L-iii,i,ciiLly coiisti-ticte(I oii tlie tibove desci,il)ed i)ropei,ty, for suell pel-iod of, (illl(! it@; (lit@ I)IIi,ty of' tll(@ ',(@011(i [)Ili't tii)l)l-OPI.iutc I'oi, tjic, I-)Qlici,it c@t' tile pul)]iL-; liowever, slid obligation shall liot Lliltil Wl)iCil tillic illi tiecess l'otid to tlio pvopli,ty described IIL@i,ciii itecei)t@ible to tlie [)&i,ty of Llie secoiid pttvt sliall be coiiiolcted. Iii tll(! (!Voilt ililit til@- [)Iii-LY of tllc secoiicl I)tll,t ecascs to upei,itte tilid llllljllttlill tilo SLibjLct SCWCI- I)IIIIIP statioli, tile PPOPCI-ty IICL-Cill cojiveyed silitil i-evei-t to tlic 1)1'1,ty of tilo f@i,1/2;t Pill't. WI'I'NII.SS Llic fulluwiii@ sigiitittives itild souls-, S.A.S. ASSOCIATI@S, a Vii-giiiiii geiici,al pai,tners)iip Ily (.3 L@ L) General Ilat,tiiei, OLPARTIVILN I By (SEAL) Ai,tliui, B-Sandlei,, Geiiei,ul llartjier YkPPROVr-D AS TO FCf,']Vl 5IGNATURC CITY OF VIRGINIA BEACH, Cil'Y A'IlOf@14EY U MLI Col-L)Ol'iltioii By (SEAL) <[ -i;y manager STATI?, OF VIRGINIA CI'I'Y OF VIRGINIA BLIACII, to-wit; 1, tlie uii(]Li,sigiled, Li Notai-y Public iii Rild fop tlie City aiid State aforesaid, do liei-3by cei,tify that Steveii B. Sandler aiid Ariliui, 13. Sitiiclloi-, Geiiei,t.,l I'Lit-Liicrs uf S.A.S. I%ssociates, wliose ]lailies ill-e sigile(i to tiie foregoiiig Deed of Dedication, have aclcnowledged tile same before -iy C)f tilis d, GIVEQ uiider iiy iiliiid, Liiis day of /111, Notai,y I 2 "I PG 01-' VfltCi'i',@IA ill'ACIT, t()-@vit; @i Niliti,y tltiblic iii liil(j fol- tile City and 11(@l'(!t)Y (,'Ci'tify tillit ('J.';OIIGL' I.,. IIANf3URY, CiLy Manager i l@II) IL' i@; t L) (110 go i l19 I)LL(I ()f Ucdic@itioii, Iiiis I ' 3ti,i tj ZLIILIZII7 1982 tlio L,(,I'ot.e. tlli!, .1 (I y of i y GIVI"N lifidei' itly likiii(,I, tliis 13tli dtiy of iLaiLi@y Notai,y PtibirL My Colillilissioll exi)il.L@s: 4/30/82 D.i U.29.(, .,FV ................ EXHIBIT B 017 ilEVI?IISION 01@7 iti@Vf@ITSION iiiaic tilis day of Septeinber, L!Il@,l L)y itiict bltwceii tile City of Vii-ginia Beach, Virgillia, a municipal iii Liie COillilIL)IIWLItltll ol' Vii-ginia, 1)111,ty 01' tile fil,:3t part und S.jk.S. Associites, a Vii-Lyillia general partnership, ptirty of the se(lond W I 'r N E 8 S E T Ii WTI]7,111?,AS, tlie party of the first part did obtain fee siinple owriol-.@iiiip of the below-des(,,Pibed real property by Deed of Dedication (ilitoti I)OLolilli(,v 12, 1981 tind recorded in the Clerl@'s Offioe uf the (,'il'CLIiL ur Lli(,, city or vii-gitiia licticii, iii i)ecd l@uul( 2187, Ut IlugL 1:17@); und WIIPI'Itl-@AS, the said I)eed uf I)edication provided tliat "iti tile L,Vellt that tile party of the second part [the City of Virgiiiia Beach] ceuses to operate and inaintain the subjeet sewer pump station, the pro- perty herein @onveyed shtill revet-t to the party of the first puvt [S.A.S. Associates]"; and WI-IEREAS, tiie parties heretu do agree that the party of the second part has ceased to operate and maintain the subject sewer pump station aiid that the below-desevibed real property should revert to the party of the second part by the terins of aforesaid Deed of Dedication. NOW, THEREFOIIE, in uonsidpration of the premises, the pavty of the first part does hereby grant and dedicate, transfer and uunvt-y LL) Liie par-ty of the seconcl p@ivt, with General Wai-v@iiity @iiid Eiigl:sil cc)vell,tllts or 'ritle, the f'ollowitig desL!ril)L-d pi,opeL-ty, to-wit: -1- ALf., 'ri-LAT certain parcel of i@,nd, with the ii-nprove- lilollis tll(,i,ooti, kiiowil, litililbei,ed and designatt-,d as "I.'Liiiip StaLioil Sit@" oii LlIaL Let'Laiii Plat eiititled "StAbclivision of S.A.S. Pi,operty", made by Basgier & AssociatL,s, a Pilofessional (7,orporation, Consulting 911[-V(@Yol'.13 lincl llltiiiiioi-s, said plat being i-ecoi-ded iii tlle Cleri@is Office of ttie Circuit Court or Llie City 01-' Vi'-P,inia Beacti, Virginia, in Map Book I'V ill@'ING t[iL) s;lille pl'OPL'L'ty COIlVeYOd to the I)Llrty of 1);ii-L )y I)LO(I or I)ecliLatioll of S.A.S- Vii,[.,iiii@i peilei,,il pat,tnersilip, i-ecord(-cl g @ 1 79 ii 0 Of LIIL@ 218'[, ;AL I'a L 3 i Llic Offi L Cleric of the Circuit Court of the City of Virginia 13each, Virginia. '.Vllis conveyance is made expressly subject to the conditions, t-(@sti,ictions, easeiiients and reservutions set forth in the duly i-ecorcied 1)[@ILi litici OLII(ll- ilisti,LiiiieiiLs coilstitutinty consLt,Lictive iioticl, iii tilo cliain of property liei-eby conveyed wllicii liave not L@xpired by u tiiiie IiiiiiLtitioii coii(iiined tilei,ein oi, othet,wise becoine ineffective. Wl't'NrSS tlie l'ollowing sigrit:t@tires and seals: CI'PY OF VIliGINIA BL@ACI-1, a municipal corporation By (SEAL) City Manager S.A.S. ASSOCIATES, a Virginia general partnership B SI]AL) y L,,.,, 13. S@l,@dii,, G,@.,L@,,l I'ai,tnLr B -(SLAL) Arthur B. Sanctier, Uenerai Partner -2- 01, V11tc,,INIA c',I'I'Y 01@ Vllt("INIA 1317.ACI-1, to-wil: St.ibset-ibeci aiid sworii to before ine, a Notary Public, this I)Y I City klillitigul, ur ---------------- Lli(! (,i(y oi' Vii,pini@.t lic@,icli. Notary Public My Co,iiiiiission Expires: STA'rE OF VIRGINIA CII.Py OF VIIIGINIA BEACH, to-wit: ;Iil(l ,jwol,ll to 1)(!I'oi,o iiil,, ii Notat,y I'uL)Iic, LI)i@ clay or Septeinber, 1984, by Steven B. Sandler and Arthur B. SandIL@t-, Ilixi,tn(,i-s ul, S.A.S. Ai,.iocitite.,i. Notary Public My Coiiiiiiission r@xpives: J.-IAUS/8.24.10.C -3 - CLARK @ STAN], P C. Certificate of Vesting of Title Page Irwo CLARK STANT, P.C. B /Gerard T. Schafer THIS DEED OF REVERSION made this Zk 'K 1984 by Ind between the I day of Septembe,, Corporation ir, the Common C'ty If Virginia Beach, Virginia, a mnici pal S,A,S, 4ssOciates wealth Of VirgiTlia, Party of the firs t Part and part. a Virginia general Partnership, Party of the second WHIIREAS. th- P-rty f th@ fir!,t Ple -described real property by I)eed of- Dedication Ownership of the be]Ow Pa"t did obtain fee sim dated December 12, 1981 and recorded in the Clerkt Circuit Cou"t Of th@ s Office of the 1379; and C'ty -f Virgini- Beach, izl Deed Book 2187, at Page event WHEREAS, the said I)eed of Declication that the Plrty of PrOvided that "in t thesecond p. t , he ceases r Ih. C,ty of Virginia Beach] tO OPerate and maintai, , sewer pump , perty h@llein t' I lubi e,t tation, the p,o- conveyed shall rolert tO the pa,ty of the first IS,A,S, AssOciates]"; and pa , t WHEHEAS, the Parties he first part has reto dO agree that the Plrty of thL, le@ed tO operate and m.itain thL' subjel-t 'ewe, pump station ayid that the e o b I W-described real property ,hould reve,t t. t e party of th, second Part by the term, If aforesaid Deed of Dedication. b NOW. TliER_,FORE, , 'o Of the first Plrt does hereby grant -d dedicate, transf b party nsideration Of the premises, t e LYLE.SIEGEI. CROSH,@ er and 'Onvey t) Ille Party of the elond part, KNEYSATLAW W'th Gene,,l Warranty and English 'A B-CH. VA. U. Covenants of Title, the fOllOwing describec' P"Operty, t.-Wit: -1- ALL THAT certain parcel of land, with the improve- ments thereon, known, numbered and designated as "Pump Station Site" on that certain plat entitled "Subdivision of S.A.S. Property", made by Basgier & Associates, a Professional Corporation, Consulting Engineers, Surveyors and Planners, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virgi@ Beach, Virginia, in Map Book 152, at Page 54. IT BEING the same property conveyed to the party of the first part by Deed of Dedication of S.A.S. As3ociates, a Virginia general partnership, recorded in Deed Book 2187, at Page 1379 in the Office of the Clerk of the Circuit Court of the City of Virgiria Beach, Virginia. This conveyance is made expressly subject to the conditions, restrictions, easements and reservations set forth in the duly recorded deeds, plats and other instruments constituting constructive notice in the chain of property hereby conveyed which have not expired by a time limitation contained therein or otherwise become ineffective. WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH, a municipal corporation By (SEAL) City Manager S.A.S. A ES, a Virginia ge!n B3r 7;, (SEAL) APPItOVW As To CONTFNTS an ner - < -@ -1@-I @ "/ F'/ B, (SEAL) PIC.EI7. LYL., SIL..L. . @..@HA@ iier, General Partner A@RNEYS AT 1,A@ VIRGINIA BEACH. @A .1@@ DEP@TMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me, a Notary Public, this day of September, 1984, by City Manager of the City of Virgirtia Beach. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me, a Notary Public, tyds day of September, 1984, by Steven B. Sandler and Arthur B. Sandler, General Partners of S.A.S. Associater, Notary Public My Commission Expires: IFS- JLH/8.24.10.C PICKEW, LYLE. SIEGEL, D.EsCH.. . @HOSH@@ .WOR.EYS @T L@W DE.CH, -3- ATION S PERTIE HIDG Exhibit showing City pump station site to r6vert to SAS Properties. PH:mc 11/1/84 (C 11-2) - 47 - Item II-J.18 CONSENT AGENDA ITEM # 22765 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement with VIRGINIA BEACH ECLTMENICAL HOUSING, INC., to provide temporary housing to homeless families in Virginia Beach. 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. November 5, 1984 - 47a - REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ORDINANCE AIJTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VIRGINIA BEACH ECUMENICAL HOUSING, INC., TO PROVIDE TEMPORARY HOUSING TO HOMELESS FAMILIES IN VIRGINIA BEACH WHEREAS, the City has received funds from the United States Department of Housing and Urban Development under the Emergency Jobs Bill of 1983 (P.L. 98-8); and WHEREAS, the City has allocated a portion of these funds to be utilized for the provision of Emergency Housing to homeless families; and WHEREAS, Virginia Beach Ecumenical Housing, Inc. intends to acquire and rehabilitate a dwelling located at 241 Cassady Avenue for the purpose of providing temporary emergency housing; and WHEREAS, Virginia Beach Ecumenical Housing, Inc. represents that it is qualified and willing to perform the services in connection with providing temporary emergency housing to homeless families in accordance with the terms and conditions of an agreement providing for the sum of Fifty-five thousand five hundred dollars (55,500). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into an agreement with Virginia Beach Ecumenical Housing, Inc. for the purpo5es referenced above and for the terms and conditions more fully specified in an agreement attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia on this Fifth -day of November 1984. APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney D@rec#@,@ Depiirtm Ho@ikg and Commun Development November 5, 1984 - 48 - Item II-J.19 CONSENT AGENDA ITEM # 22766 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $411.55 upon application of certain persons and upon certification of the Treasurer for Payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. 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. November 5, 1984 - 48a - FORM NO. C.A. 7 10/16/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Y ear of Tax Number tion No. P id George B Lechner 84 pp 90745-9 9/28/84 11.35 D L Peterson Trust 84 pp 36288-5 5/31/84 160.92 We Try Harder Inc 84 pp 161163-1 5/17/84 239.28 Total 411.55 Ln OCT 1 8 198@ DEPT. OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling ent; $411 SS were approved by the Council of the City of Virginia Beach on the 5day of leasurer Approved as to forfo: Ruth Hodges Smith City Clerk ember 5 198 - 49 - Item 11-K. I UNFINISHED BUSINESS ITEM # 22767 RESORT ARFA ADVISORY COMMISSION ADD-ON Councilwoman Henley referenced a letter from Timothy Barrow, Chairman of the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION, concerning consideration of the Commission's initial report presented to City Council on October 22, 1984. The City Manager also referenced the Survey by Old Dominion University will be available for presentation to City Council on November 19, 1984. A SPECIAL WORKSHOP will be scheduled concerning the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION. Item II-K.2 UNFINISHED BUSINESS ITEM # 22768 EMPRESS II ADD-ON Councilman Jennings referenced a BRIEFING on the EMPRESS TWO (Electro Magnetic Project Off-Coast). This is the proposed Navy Project to be possibly constructed 15 miles off the Coast of Virginia Beach. A Briefing will be scheduled concerning same. ITEM II-K.3 UNFINISHED BUSINESS ITIM # 22769 COMPREHENSIVE PLAN WORKSHOP ADD-ON Councilwoman Henley referenced the possibility of a City Council WORKSHOP concerning discussion of the COMPREHENSIVE PLAN before the Third Public Hearing on November 19, 1984. The Mayor advised City Council will be POLLED concerning a WORKSHOP and same will be scheduled. Councilwoman Henley also referenced scheduling WORKSHOPS and PUBLIC HEARINGS regarding the CAPITAL IMPROVEMENT PROGRAM. November 5, 1984 - 50 - Item II-K.4 UNFINISHED BUISNESS ITEM # 22770 STATE LEGISLATORS BREAKFAST ADD-ON The City Manager advised City Council he has scheduled a BREAKFAST MEETING with the STATE LEGISLATORS, for discussion of the 1985 LEGISLATIVE PACKAGE, at 8:00 a.m. on December 4, 1984. Item II-K.5 UNFINISHED BUSINESS ITEM # 22771 LAKE CHRISTOPER HOMES ASSOCIATION ADD-ON Councilwoman Oberndorf referenced a letter from the LAKE CHRISTOPHER HOMES ASSOCIATION concerning a rezoning application that would affect their area. This Association had requested same be RESCHEDULED for a night Council Meeting. Mayor Heischober referenced he had advised the Association that there were not any night Council Meetings in either November or December. Item II-K.6 UNFINISHED BUSINESS ITMA # 22772 LITTLE NECK BIKEWAY ADD-ON Councilman Jennings expressed gratitude to the Department of Public Works, and the Department of Parks and Recreation for the construction and dedication of the LITTLE NECK BIKEWAY. Item II-K.7 UNFINISHED BUSINESS ITEM # 22773 PUBLIC HEARING HJR 119 ADD-ON Vice Mayor McClanan referenced a PUBLIC HEARING, Wednesday, November 7, 1984, concerning HOUSE JOINT RESOLUTION 119. City Council supports developer participation in off-site development. November 5, 1984 - 51 - Item II-L. I NEW BUSINESS ITEM # 22774 1-64 DIRECTIONAL SIGNING C. Oral Lambert, Director of Public Works, advised City Council concerning 1NTERSTATE 64 DIRECTIONAL SIGNING from I-264/I-44 INTERCHANGE to BOWERS HILL. The basic problem is that I-64 is a designated east-west route, however, for this last section of the interstate, the actual direction of travel differs from the assigned route direction. In order to correct this problem, the State has proposed redesignating a portion of INTERSTATE 64, tbat portion from Route 44 to Bowers Hill, to 1NTERSTATE 664. If Council councurs, the Staff would like to indicate their support of this proposal to the STATE HIGHWAY DEPARTMENT. As part of the City's recommendation, the staff would stipulate that proper advertising and/or public hearings be provided by the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION. Some business addresses and promotional material might be affected by the afore- mentioned change. In addition, the City would request assurances from the Highway Department, and Federal Highway Administration, if necessary, that this change in route designation would not have any adverse affect on Inter- state funding concering proposed improvements to Interstate 64. By changing the route, it would not place these improvements in a lower priority. November 5, 1984 - 52 - Item II-M.1 RECESS INTO EXECUTIVE SESSION ITEM # 22775 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel, Publicly Held Property, and Legal Matters, after which to adjourn (5:22 p.m.). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 53 Item II-M.2 ADJOURNMENT ITEM # 22776 By CONSENSUS, City Council adjourned the meeting at 7:15 p.m. Beverlf 0. Hooks Deputy City Clerk Rkith Hodges Sm@th, CMC City Clerk City of Virginia Beach Virginia /bh November 5, 1984