OCTOBER 20, 1980 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY 0,COY JR., D.D.S., K..p..iii. B.-.gh
VICE-MAYOR MAROLD HEISCHOBER. At L.,g.
JOHN A. BAUM. 8-gb
F. REID ERVIN, At L.,g.
BARBARA M. HENLEY. P..g. B.-gb
CLARENCE A. HOLLAND, M.D., S.y.id. B...gb
W. M. KITCHIN. Ill. Vigi.i. B-.b B...gh
REBA S. AKCLANAM, P,i.,-. A-. B.-.gb
DONALD W. MERRICK, Ly..h... B...8h
MEYERA E. OBERNDORF, At L.,S. 212 CITY HALL BUILDINC
PATRICK L. STANDINC, At L.,R. MUNICIPAL CENTER
VIRCINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, Ciiy Cl-lk (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 1:00 p.m. - October 20, 1980
A. CALL TO ORDER KAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT 14ATTERS
1. Water Conservation and Related Topics: Update.
2. Wishart Cove Recreation Area: Discussion of request of residents
of Wishart Cove not to have a neighborhood playground constructed.
3. Halloween Curfew: Discussion.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend William E. Austin
Pastor
Virginia Beach Christian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 6 October 1980
j3
2. Motion to accept/approve the Minutes of @ Oct0ber 1980
E. PUBLIC HEARING
1. A Public Hearing to consider the need for Fairfax County
Redevelopment and Housing Authority to exercise its powers
in the City of Virginia Beach for the financing of a proposed
Housing project. (U. S. HUD, Sec. 8)
F. RESOLUTIONS
1. Resolution of Appreciation
2. Resolutions of Action
a. Resolution requesting the Department of Highways and Transpor-
tation to appraise the rights-6f-way for the Virginia Beach
Boulevard project. (Deferred for one week on October 13, 1980)
b. Resolution requesting Fairfax County Redevelopment and Housing
Authority to assist in financing a proposed multi-family housing
project to be constructed for persons of low income in the City
of Virginia Beach, ('Bridle Creek Apartments").
C. Resolution to adjust grant allocation schedules in Community
Development grant applications for the fourth, fifth and sixth
year programs.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine
by the City Council and will be enacted by one motion in the form listed.
There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda and considered
separately.
1. An Ordinance to amend and reordain Section 38-2 of the Code of the
City of Virginia Beach relating to the discharge of firearms, etc.,
in certain areas.
2. An Ordinance to authorize the acquisition of property in fee simple
for right-of-way for Newlight Neighborhood Community Development Street
Improvements and the accfuisition of teml>orary and permanent easements
of right-of-way, either by agreement or by condemnation.
3. An Ordinance to authorize the accluisition of property in fee simple
for right-of-way for Doyletown Neighborhood Community Development Street
Improvements and the acquisition of temporary and permanent easements
of right-of-way, either by agreement or by condemnation.
4. Letter frorft the City Manager requesting indefinite deferral of the
two Ordinances relating to line fees charged for detached garage
apartments or detached maid's quarters.
G. CONSENT AGENDA (continued)
5. An Ordinance Appointing Viewers in the application of John C. Hill,
Jr., Pearl Jean Hill, William H. Jennings, Jr., and Evelyn S.
Jennings for a petition for the closure of a portion of Twain Lane
(Bayside Borough).
6. Recfuest of the City Treasurer for tax refunds in the amount of
$1,692.49.
7. An Ordinance, on SECOND READING, to appropriate $295,000 from the
General Fund Balance to the Fiscal Year 1981 Operations Budget for
the Ruaee Inlet Sand Trap Dredging project.
S. An Ordinance, on SECOND READING, appropriating $5,200,000 for
various schools, highway and engineering projects, buildings, and
parks and recreation projects (Revenue Sharing Allocations).
E. PLANNING ITEMS
1. New Applications
a. Application of T. M. and Jean T. Malbon for a change of zoning
from AG-2 Agricultural District to R-8 Residential District on
a 9.114-acre parcel;
AND, a change of zoning from AG-1 Agricultural District to R-8
Residential District on a 77.665-acre parcel.
This property is located south of the intersection of Dam Neck
and Dwyer Roads (Princess Anne Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
b. Application of George B. Wilson for a conditional use permit for
a cemetery on a 110.881-acre parcel located on the east side of
Holland Road, south of North Landstown Road (Princess Anne
Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
c. Application of S. M. Riggs and Richatd E. Galloway for a condi-
tional use permit for retail seafood sales on a .22-acre parcel
located on the west side of Mediterranean Avenue, south of 1,8--h
Street (Virginia Beach Borbugh).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
d. Application of Donald G. Wolf for a conditional use permit for a
muffler shop on a .25-acre parcel located on the south side of
Indian River Road, west of Clinton Street (Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
H. PLANNING ITEMS
1. New Applications (continued)
e. Application of Word of Life Christian Center for a conditional
use permit for a church on a 2.6-acre parcel located at the
intersection of Princess Anne Road and Edwin Drive (Kempsville
Borough).
1. Letter from the City Manager transmits the recormendation
of the Planning Commission for approval.
2. Subdivision Ordinance
a. An Ordinance to amend and reordain Section 4.5 of the Subdivision
Ordinance of the City of Virginia Beach relating to public sites
and open spaces.
I. ORDINANCES
1. Ordinance(s) authorizing temporary encroachments into portions of the
city drainage and canal easements in the Subdivision of Chelsea to
construct bulkheads:
a. Mr. James Hoffius
b. Mr. Richard Foster
c. Mr. Charles T. Phillips
d. Mr. James E. White, Jr.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Application of Yellow Cab of Norfolk, Inc., trading as Brown Auto
Services, for a Certificate of Public Convenience and Necessity
for operation of seven (7) for-hire cars in the City of Virginia
Beach.
a. Letter from the City Manager requests denial of this application.
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
20 October 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the
Conference Room, in the Administration Building, on Monday, 20 October
1980, at one o'clock in the afternoon.
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry MrCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
F. Reid Ervin*
*Councilman Ervin remained at the Special Water Emergency meeting in
Chesapeake to represent the City of Virginia Beach as the Mayor and
City Manager came to Council.
ITEM #15731
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property. (Acquisition, use or disposition of
publicly held property)
2. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys,pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters)
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Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESS10N.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
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M A T T E R S B Y T H E M A Y 0 R
ITEM #15732
Mayor McCoy advised Council of the Special Emergency Water Meeting
held in the City of Chesapeake; and, further advised that Councilman
Ervin and the City Attorney were remaining to represent the City of
Virginia Beach.
The City Manager advised Council that the City of Suffolk had employed
the services of an Attorney associated with the firm of McGuire, Wood
and Battle, to determine the legal status of their Ordinance to support
their stand against drilling the wells.
I N F 0 R M A L S E S S I 0 N
ITEM #15733
The City Manager advised Council of the request of the residents of
Wishart Cove asking the City of Virginia Beach not to invoke its
reservation for park purchase as it is adjacent to Independence
Junior High School.
Parks and Recreation has advised the City that there are sufficient
recreational areas surrounding the property.
This matter will be brought to Council at a future date for discussion
and vote.
ITEM #15734
The City Manager advised Council of the Holloween Curfew in the City
of Virginia Beach. Anyone over twelve (12) years of age is not
permitted to Trick or Treat, and all children under twelve (12) years
of age must be off the streets by nine o'clock in the evening.
(Sections 23-54.1 and 23-54.2)
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15735
Councilman Holland advised Council of a request received from one
Civic League in the Bayside Borough asking for the publication of
allowances for residents who have wells to hook up to.City water
and sewer.
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ITEM #15736
Councilma-n Baum referenced a memorandum received from David S. Hay,
Assistant City Attorney, concerning the Ordinance on "Land Disturbing
Activity".
ITEM #15737
Councilman Kitchin asked the City Manager if any thought had been
given to more of a conservation effort as far as percentage is
concerned.
The City Manager advised that the CitY of Virginia Beach is "at the
mercy of the City of Norfolk", and if the water shortage becomes more
critical businesses will have to be closed.
ITEM #15738
Councilman Merrick advised Council he received a telephone cail from
a resident in the Kings Point section of the City advising him that
all residents in the area have agreed to pay their share, over a ten
year period, for the reconstruction of the Kings Point Ditch,.
The city manager advised Council that a Public Hearing would have to
be held concerning this matter, after which the City will have to
assess each resident's property.
ITEM #15739
Councilwoman McClanan requested information concerning the Rock Church
and parking problems in the Kempsville Borough.
The City Manager advised Council he has placed No Parking signs in the
area; however, they are only on one side of the street.
ITEM #15740
Councilwoman McClanan advised Council she had requested Joe Lowenthan
to provide information concerning the mandating of bi-linguel education
in the schools for the City's 1,500 students who speak another language,
and approximately 750 would be classified as having limited proficiency.
A Resolution will be prepared opposing the mandating pf bil-linguel
education in the schools.
1 0 / 20 80
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ITEM #15741
The City Manager advised Council that Councilwoman McClanan had requested
a bistory of the Virginia Beach Boulevard Project, copies of which were
passed to Council for their perusal.
City Council recessed into EXECUTIVE SESSION (1:30 p.m.).
6-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2:10 p.m.
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
F. Reid Ervin*, and W. H. Kitchin, III
*Councilman Ervin remained at the Special Water Emergency Meeting in
Chesapeake to represent the City of Virginia Beach, as the Mayor and
City Manager came to Council.
INVOCATION: Reverend William E. Austin, Pastor
Virginia Beach Christian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E @S
ITEM II-D.1 ITEM #15742
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to APPROVE the Minutes of the Regular Meeting of
6 October 1980.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heiscbober, Barbara M. Henley,
Clarence A. Holland, Reba S. McClanan, Mayor J. Henry McCoy, Jr. ,
Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*, and W. H. Kitchin, III
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ITEM I I-D. 2 ITEM #15743
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE with a CORRECTION the Minutes of the
Regular Meeting of 13 October 1980:
ITEM #15729 - Have been corrected and each member
has received the corrected copy.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
Donald W. Merrick
Council Members Absent:
F. Reid Ervin*, and W., H. Kitchin, III
10 20 80
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P U B L I C H E A R I N G
ITEM ii-E.1 ITEM #15744
A Public Hearing to consider the need for Fairfax County Redevelopment
and Housing Authority to exercise its powers in the City of Virginia
Beach for the financing of a proposed Housing Project. (U.S. HUD,
Section 8).
COUNCILMAN KITCHIN ENTERED MEETING AT 2:18 p.m.
The following appeared in favor of Fairfax County Redevelopment and
Housing Authority exercising its powers in the City of Virginia Beach
for the financing of a proposed Housing Project:
Mr. N. Harrison Stoneman, Vice President of Fralin
and Waldron
Mr. Peter Shea, Underwriting firm of Cregy
Attorney John Ashton, Hunton and Williams
Mr. Elwood Waldron, Fralin and Waldron
Mr. Tom Jennings, Indian Lakes homeowner, appeared in opposition.
As the Resolution regarding the above matter had to be reworded due
to the deletion of the following Paragraph, this matter was deferred:
WHEREAS, due to extremely high interest rates
wbich currently prevail in the money markets,
the Project is not financially feasible unless
a method can be devised of financing the Project
through tbe issuance of Tax Exempt Obligations.
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R E S 0 L U T I 0 N
ITEM II-F.1 ITEM #15745
RESOLUTION OF APPRECIATION
WHEREAS, on Labor Day, September First, 1980, 15 year old Martha Bennett,
a sophomore at Bayside High School, and 14 year old Mark Bennett,
a freshman at Independence Junior High School, waited in a car
while their father was shopping at Haygood Shopping Center; and,
WHEREAS, this teenage brother and sister were alerted by the screams of
a woman lying on the ground while a man was running with a lady's
purse to a car in which he quickly fled; and,
WHEREAS, Martha mentally recorded a description of the man, the vehicle
and its occupants, as well as the unusual color of the license
plate as it sped out of the parking lot with a full report to
her father upon his return to the car; and,
WHEREAS, the family stopped for gas and Martha and Mark were discussing
the robbery when Martha recognized the suspect again and Mark
quickly went to ask the station attendant to call the police.
She was skeptical, so Mark attempted other action during which
he saw a police officer and reported the incident; and,
WHEREAS, Martha and Mark were quick to perceive and prompt to act, the
suspects were apprehended within less than three hours and
charged with robbery.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
commends Martha and Mark Bennett for their bravery, their
awareness of circumstances and their readiness to serve their
community.
BE IT FURTHER RESOLVED: That City Council acknowledges these youth
citizens with this expression of gratitude and records same
in the Minutes of October 20, 1980.
Given under my hand and seal tbis Twentieth day of October, Nineteen
Hundred and Eighty.
.J. Henry McCoy, Jr., D.D.S.
Mayor
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Mayor McCoy read the Resolution of Appreciation and presented same
to Martha Bennett and Mark Bennett.
Mr. and Mrs. Leonard Bennett were present during the presentation.
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution of Appreciation and presented
same to Martha Bennett and Mark Bennett.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
1 2-
ITEM II-F.2.a ITEM #15746
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the City of
Virginia Beach on the Twentieth day of October, 1980.
R E S 0 L U T I 0 N
WHEREAS, an Ordinance adopted by the Council of the City of
Virginia Beach, Virginia, on January 8, 1979, authorized the acquisition
of property in fee simple for right-of-way for the Virginia Beach
Boulevard Project; and,
WHEREAS, by agreement between Local and State Officials,
allocated funds will be used to expedite construction of roads of a
higher priority in Virginia Beacb, except for funds that will be used
for engineering, acquisition of right-of-way, and computerization of
signals on the Virginia Beach Boulevard Project; and,
WHEREAS, the Virginia Department of Highways and Transportation
will undertake to appraise the necessary rights-of-way and handle
relocation assistance and/or property management assistance for the
aforesaid project upon authority to do so from the City of Virginia
Beach;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Virginia Beach hereby requests the Virginia Department of
Highways and Transportation to appraise the rights-of-way for Project
Number 000-58-134-101, R/W 201, Section C-503 and to handle relocation
assistance and/or property management assistance for the aforesaid
project.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentieth day of October, 1980.
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Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Resolution requesting the Department of Highways and
Transportation to appraise the rights-of-way for the Virginia Beach
Boulevard Project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
-1 4-
ITEM II-F.3 ITEM #15747
RESOLUTION TO ADJUST GRANT ALLOCATION SCHEDULES
IN COMMUNITY DEVELOPMENT GRANT APPLICATIONS FOR
THE FOURTH, FIFTH AND SIXTH PROGRAMS YEARS
WHEREAS, the revised engineering estimates for Beechwood
water, sewer and streets; and Doyletown streets and drainage indicate
that the cost of these projects will exceed the amount of funds
available; and,
WHEREAS, Seatack streets; Newlight streets; Queen City water
sewer and streets cannot be bid during this fisc6LI year; and,
WHEREAS, there is a need to begin the planning and design
of a Seatack Fire Station, and to implement a Lead Poisoning and
Abatement Program; and,
WHEREAS, the City's contract with HUD is conditioned upon
the expenditure of Four Million Dollars ($4,000,000), in the 1980-81
fiscal year; and,
WHEREAS, as required by regulation of the U. S. Department
of Housing and Urban Development governing amendments to the Community
Development Program, on October 15, 1980, the Citizens Advisory Committee
for Housing and Community Development sponsored a public hearing concerning
the proposed changes in allocation of the Fourth, Fifth and Sixth Years
funding concerning the purposes set out above.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized and directed
to provide such information or material to the U. S. Department of
Housing and Urban Development as necessary to permit the approval of the
following changes in the Fourth, Fifth and Sixth Years Grant Allocation
Schedules:
10/20/80
-1 5-
Original
Fourth Program Year Application Adjustment Revised
Queen City Water $ 100,000 ($ 50 00 0 $ 50 , 00 0
Queen City Sewer 130,000 -0- 130,000
Newsome Farm Sewer 720,900 -0- 720,900
Newsome Farm Water 153,000 -0- 153,000
Gracetown Water 146,500 -0- 146,500
Seatack Streets 495,642 (268,870) 226,772
Newlight Streets 1 8 5,0 81 43,081) 1 4 2, 000
Real Property Acquisition 50,000 -0- 50,000
Rehabilitation 250,000 -0- 250,000
Contingencies 45,000 -0- 45,000
Administration 106,000 -0- 106,000
Atlantic Park Water II -0- 361,951 361,951
TOTAL $2,382,123 $2,382,123
Original
Fifth Year Program Application Adjustment Revised
George Washington Park $ 275,000 -0- $ 275,000
Atlantic Park Water 500,000 -0- 500,000
Queen City Sewer 120,000 (120,oob) -0-
Queen City Streets 50 , 00 0 -0- 50 , 0 00
Gracetown Sewer 393,000 -0- 393,000
Gracetown Water 153,000 -0- 153,000
Beechwood Sewer 212,000 -0- 212,000
Beechwood Streets 50,000 -0- 50,000
Beechwood Water 15,000 -0- 15,000
Atlantic Park Sewer 50,000 -0- 50,000
Newsome Farm Water 100,000 -0- 100,000
Real Property Acquisition 90,000 -0- 90,000
Relocation 59,000 -0- 59,000
Rehabilitation 50,000 -0- 50,000
Contingencies/Local Option 41,183 -0- 41,183
Administration 201,817 60 , 000 2 6 1 , 8 1 7
Beechwood/Pleasure House Road 200,000 -0- 200,000
Atlantic Park Water II -0- 60,000 60,000
TOTAL $2,560,000 $2,560,000
10/20/80
-1 6-
Or iginal
Sixth Program Year Application Adjustment Revised
Beechwood Streets $ 416,950 $628,195 $1,045,145
Burton Station Study 15,000 -0- 15,000
Doyletown Streets 345,000 122,798 467,798
Gracetown Streets 65,000 -0- 65,000
Mill Dam Water and Sewer 40,000 -0- 40,000
Mill Dam Streets 30,000 -0- 30,000
Lake Smith Water and Sewer 30,000 -0- 30,000
Lake Smith Streets 40,000 -0- 40,000
Newlight Streets 5 5 8 , 7 8 6 5 58 , 7 8 6 -0-
Newsome Farm Streets 70,000 -0- 70,000
Seatack Streets 323,030 (323,030) -0-
Real Property Acquisition 69,105 -0- 69,105
Rehabilitation 42,000 -0- 42,000
Relocation 100,000 -0- 100,000
Contingency/Local Option 23,000 -0- 23,000
Toxic Lead Detection/Abatement 5,000 5,000
Administration 391,129 -0- 391,129
Beechwood/Pleasure House Road 200,000 -0- 200,000
Seatack Fire Station -0- 30 , 000 30 , 0 00
Code Enforcement Demolition -0- 25,000 25,000
Atlantic Park Water II -0- 75,823 75,823
TOTAL $2,764,000 -0- $2,764,000
AND BE IT FURTHER RESOLVED, that tbe Council of the City of
Virginia Beach gives its assurance that the intent of the Act will be
complied with in full.
AND BE IT FURTHER RESOLVED, that the U. S. Department of
Housing and Urban Development is respectfully requested to assist in
the prompt,approval and funding of the subject changes in order that
the public interest of this City may be best protected.
Adopted by tbe Council of the City of Virginia Beach, Virginia,
on the day of 1980.
@IRST READING: 20 October 1980
SECOND READING:
10/20/80
1 7-
Mr. Sam Houston appeared before Council regarding the Resolution to
adjust Grant allocation schedules in Community Development Grant
applications for the Fourth, Fifth and Sixth Year Programs.
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to ADOPT ON FIRST READING the Resolution to adjust
Grant Allocation Schedules in Community Development Grant applications
for the Fourth, Fifth and Sixth Year Programs; with the understanding
that the Seatack Recreational Center will be constructed for the
residents in the Seatack area.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
-1 8-
ITEM #15748
Mr. Bruce McCail, resident of 5312 Thornberry Lane, appeared before
Council regarding the water shortage.
Mr. McCall advised Council tbat in addition to the current incentives
a reward and penalty system should be included, which could result in
the following:
1. Residents using less than their average allocation
of 60 or 50 gallons per day, per person, would be
able to "bank" their savings.
2. Residents exceeding their allocation should begin
their next billing cycle at the rate schedule wherein
they completed their previous cycle.
If further water reduction is mandated by the City of Norfolk a meter
reading would be necessary at that particular date so consumption could
be monitored from that time forward.
C 0 N S E N T A G E N D A
ITEM II-G ITEM #15749
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council agreed to separate Item No. II-G.8 from the CONSENT
AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
-1 9-
ITEM II-G.1 ITEM #15750
The remaining items listed as the CONSENT AGENDA were considered and
enacted by ONE MOTION:
Requested by: City Manager's Office
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO THE
DISCHARGE OF FIREARMS, ETC. , IN CERTAIN AREAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-2(a) of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 38-2. Discharge of firearms, etc., in certain areas.
(a) It shall be unlawful to discharge any firearm, spring-
propelled rifle or pistol, air-propelled rifle or pistol, from or
across any land or water North or West of the trac& of the line beginning
at the intersection of Elbow Road and the Chesapeake-Virginia Beach City
boundary line, then Northeastwardly along Elbow Road to Salem Road, thence
Southeastwardly along Salem Road to North Landstown Road, thence North-
eastwardly along Landstown Road to Princess Anne Road, thence Southeast-
wardly along Princess Anne Road to Oceana Boulevard, thence Northeastwardly
along Oceana Boulevard to Dam Neck Road, thence Eastwardly along Dam Neck
Road to its intersection with the Atlantic Ocean: except that this
prohibition shall not apply to shotguns discharging pellets under the
following conditions:
1. On land that is fifty (50) acres or more of contiguous
area; and,
2. Under one ownership; and,
3. Used primarily for agricultural purposes; and,
4. The landowner has applied for a permit from the Chief
of Police to use his property for this purpose, the
permit shall be granted by the Chief of Police if the
applicant meets the requirements of this Sectlion; and,
10/20/80
- 20 -
5. Any pers6n discharging a shotgun as set forth
above, shall at all times, while engaged in such
activity have in his possession written permission
from the landowner to discharge such weapon on the
premises.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
Councilwoman Henley requested the citizens be notified of the Ordinance
adopted regarding the discharge of firearms, etc.
The City Manager advised Council the large property owners and other
citizens will be notified of the change in the Ordinance.
10/20/80
- 21-
ITEM II-G.2 ITEM #15751
Requested by: Real Estate Division and Housing and Community Development
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR NEWLIGHT NELGHBORHOOD COMMUNITY DEVELOPMENT
STREET IMPROVEMENTS AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY
EITHER BY AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important project to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, convenience,
moral and welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section
15.1-235, et seq, and Section 33.1-89, et seq., Code of Virginia of 1950,
as amended, all that certain real property in fee simple including
temporary and permanent easements of right-of-way as shown on the plans
entitled, "NEWLIGHT NEIGHBORHOOD COMMUNITY DEVELOPMENT Office of Housing
and Community Development, City of Virginia Beach, Virginia, EXISTING AND
NEW STREET RIGHTS-OF-WAY, January 31, 1980, Scale as Shown, R. Kenneth
Weeks Engineers, Norfolk, Virginia," these plans being on file in the
Office of Real Estate, Department of Public Works, Virginia Beach,
Virginia.
Section 2. That the City Attorney is hereby authorized to
make or cause to be made on behalf of the City of Virginia Beach, to the
extent that funds are available, a reasonable offer to the owners or
persons having an interest in said lands, if refused, the City Attorney
is hereby authorized to institute proceedings to condemn said property.
Section 3. Tbat an emergency is hereby declared to exist and
this Ordinance shall be in force and effect from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twent:Leth day of October, 1980.
- 2 2-
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of tbe City Manager
and APPROVE the Ordinance to authorize the acquisition of property in
fee simple for right-of-way for Newlight Neighborhood Community
Development street improvements and the acquisition of temporary and
permanent easements of right-of-way, either by agreement or by
condemnation.
Council Members Voting Aye:
Jobn A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 2 3-
ITEM II-G.3 ITEM #15752
Requested by: Real Estate Division and Housing and Community Development
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR DOYLETOWN NEIGHBORHOOD COMMUNITY
DEVELOPMENT STREET IMPROVEMENTS AND THE
ACQUISITION OF TEMPORARY AND PERMANEMT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREE-
MENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia
@each, Virginia, a public necessity exists for the construction of this
important project to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, convenience,
moral and welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section
15.1-236, et seq., and Section 33.1-89, et seq., Code of Virginia of 1950,
as amended, all that certain real property in fee simple including
temporary and permanent easements of right-of-way as shown on the plans
entitled, "Doyletown Neighborhood Community Development, Office of
Housing and Community Development, City of Virginia Beach, Virginia,
Existing and New Street Rights-of-Way, January 31, 1980, Scale as Showri,
R. Kenneth Weeks Engineers, Norfolk, Virginia," tbese plans being on
file in the Office of Real Estate, Department of Public Works, Virginia
Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to
make or cause to be made on behalf of the City of Virginia Beach, to
the extent that funds are available, a reasonable offer to the owners
or persons having an interest in said lands, if refused, the City Attorney
is hereby authorized to institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and
this Ordinance shall be in force and effect from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
- 24-
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold tbe recommendation of the City Manager
and APPROVE tbe Ordinance to autborize tbe acquisition of property
in fee simple for right-of-way for Doyletown Neighborhood Community
Development Street Improvements and the acquisition of temporary and
permanent easements of right-of-way, either by agreement or by
condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 2 5-
ITEM II-G.4 ITEM #15753
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and DEFER INDEFINITELY the Ordinances relating to line fees charged
for detached garage apartments or detached maid's quarters.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
1 0 20 80
- 26-
1TEM II-G. 5 ITEM #15754
ORDINANCE APPOINTING VIEWERS
WHEREAS, JOHN C. HILL, JR., AND PEARL JEAN HILL, and
WILLIAM H. JENNINGS, JR., AND EVELYN S. JENNINGS have given due and
proper notice, they being the only adjoining landowners on said
portion of street and the only persons affected by said closure, in
accordance with the Statutes of such cases made and provided, that they
would on this day apply to the 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 the said Viewers, any, and if any, what inconvenience would result
from the discontinuing of said portion of street, and have filed such
application with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That C. Oral Lambert
Robert J. Scott
David M. Grochmal be, and
they are hereby appointed to view the below described property and
report, in writing, to the Council on or before the Twenty-fourth day
of November, 1980, whether, in their opinion, any, and if any, what
inconvenience would result from the discontinuing, closing and vacating
of the hereinafter described street, to-wit:
The Western terminus of Twain Lane dividing
Lot One (1), Block N, Section Five (5), and
Lot One (1), Block 0, Section Four (4), Lake
Smith Terrace, Virginia Beach, Virginia, as
shown on the Plat entitled "Plat showing
Western end Twain Lane, in Lake Smith Terrace,
Section Four (4) and Five (5) , proposed to be
closed, Virginia Beach, Virginia, for John C.
Hill, Jr., and William H. Jennings, Jr., Scale
1" = 50', 9-3-80, Alton M. Butler, Land Surveyor,
P. C."
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentietb day of October, 1980.
2 7-
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance appointing Viewers in the application of
John C. Hill, Jr., Pearl Jean Hill, William H. Jennings, Jr., and
Evelyn S. Jennings for a petition for the closure of a portion of
Twain Lane, in the Bayside Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 28-
ITEM II-G.6 ITEM #15755
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of the City Treasurer for tax refunds in the
amount of $1,692.49.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
NO. C.A. 7 2 9- 10/8/80 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty [nt. Total
Y ear of Tax Number tion No. Paid
e, George W. 78 pp 107816 6/1/78 132.12
e, George W. 79 pp 120619 12/5/79 146.28
ffman, Helen B. 77 RE 2805-1 (6m.) 5/18/78 12.11
ffman, Helen B. 78 RE 3169-8 (1/2) 5/18/78 11.42
ffman, Helen B. 78 RE 3169-8 (2/2) 5/18/78 10.88
bertson, G.-W. 80 pp 96563 6/4/80 102.60
mches, Bernice F. 78 RE 58597-4 (1/2) 12/1/77 18.23
mches, Bernice F. 78 RE 58597-4 (2/2) 6/1/78 18.23
mches, Bernice F. 79 RE 61597-7 (1/2) 12/4/78 32.87
mches, Bernice F. 79 RE 61597-7 (2/2) 6/5/79 32.87
mches, Bernice F. 80 RE 57923-7 (1/2) 11/28/79 27.85
mches, Bernice F. 80 RE 57923-7 (2/2) 6/5/80 27.85
Total 573.31
orT i 3 r@@10
C)F L-Aw
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling Ce payment
were approved by
the Council of the City of Virginia
Beach on the- day of a @M.- -
@ohky. Atkinsorl-, Tr
Approved as to rm:
Ruth Hodges Smith
City Clerk
al'6 Bimsdn, City Attorney
NO. C.A. 7 - 30 - 9/1 9/80 E'IC
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 Da!e Penalty I nt. Total
Year of Tax Number tion No. p id
Reparian Investment 77 pp 1100033 7/16/80 132.54
Conseps Data Systems 80 pp 23730 8/20/80 702.86
Purkey.C., Ilirke,,t H. RO pp 9@1656 7/22/80 146.26
Laubach, Merritt S. so pp 67108 5/5/80 110.70
Lex, Richard F. RE 840-8 (1/2) r,/15/80 18.68
Lex, Richard-F. 80 RE P49-8 (2/2) 5/30/80 8.14
Total 1,11g.18
SEP z3
@ L-A)N
or
D
This ordinance shall be effective from date of a-doption.
The above abatement(s@ totaling Certi
were approved by
the Council of the City of Virginia
Beach on the-day of
J h
Ruth Hodges Smith Approved as to form:
CitY Clerk
7,@
@n Cly Allrney
- 31 -
ITEM II-G.7 ITEM #15756
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON SECOND READING the Ordinance to appropriate $295,000
from tbe General Fund Balance to the Fiscal Year 1981 Operations
Budget for the Rudee Inlet Sand Trap Dredging Project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 3 2-
AN ORDINANCE TO APPROPRIATE $295,000
FROM THE GENERAL FUND BALANCE TO THE
FISCAL YEAR 1981 OPERATIONS BUDGET
FOR THE RUDEE INLET SAND TRAP DREDGING
PROJECT
WHEREAS, Rudee Inlet has a sand trap designed to prevent
the accumulation of sand in its channel; and,
WHEREAS, the sand trap is presently filled to capacity;
and,
WHEREAS, the sand, if not removed, could be a hazard to
navigation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That $295,000 be appropriated from the General Fund Balance
to the Fiscal Year 1981 Operating Budget of the Department of Public
Works for the sand removal.
The City Manager is authorized to execute tbe necessary
contract awarded by low bid.
FIRST READING: 13 October 1980
SECOND READING: 20 October 1980
ADOPTED ON: 20 October 1980
- 3 3-
1TEM II-G.8 ITEM #15757
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON SECOND READING the Ordinance appropriating Five
Million Two Hundred Thousand Dollars ($5,200,000), for various
Schools, Highways and Engineering Projects, Buildings, and Parks and
Recreation Projects (Revenue Sharing Allocations).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
F. Reid Ervin*
- 3 4 -
AN ORDINANCE APPROPRIATING FIVE MILLION
TWO HUNDRED THOUSAND DOLLARS ($5,200,000)
FOR VARIOUS SCHOOLS, HIGHWAY AND ENGINEERING
PROJECTS, BUILDINGS, AND PARKS AND RECREATION
PROJECTS (REVENUE SHARING ALLOCATIONS)
WHEREAS, the City Council is desirious, due to continued growth,
in providing needed school, highway and engineering, building, and
parks and recreation capital projects, and
WHEREAS, it is anticipated that the city will receive from
Federal Revenue Sharing Funds $5,200,000 for the twelfth entitlement
period,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds to be made available under the Revenue Sharing Program
(State and Local Fiscal Assistance Act of 1973 amended) for the periods
October 1, 1980 through September 30, 13 81 be appropriated as follows:
SCHOOLS $2,262,796
To include: Providence Elementary
School and New Cox Senior High School
HIGHWAYS AND ENGINEERING 1,260,170
To include: Pleasure House Road
Phase I, Dredging Eastern Branch
Lynnhaven River and Inlynnview
Road
BUILDINGS 1,531,185
To include: Beach Borough Parking Lots,
30th St. Restroom Mall, City Garage Ex-
pansion, Rose Hall Site Improvements,
Bendix Road Refuse Facility, Little Neck
Area Library, Fire Station #9, Building
Maintenance Headquarters Expansion, Parks
and Recreation Office Renovation, and
Landfill #2
PARKS AND RECREATION 145,849
To include: Bayville Farm Park and
Woodstock Park
Total $5,200,000
Adopted by the Council of the City of Virginia Beach, Virginia
on the Twentieth day of October ig 80
First Reading: 13 October 1980
Second Reading: 20 October 1980
APPpOVED AS TO CONTENT
DEPARTMENT
ITEM #15758
THE ENCLOSED APPLICATION OF T. M. AND JEAN T.
MALBON WAS OMITTED FROM THE COUNCIL MINUTES
OF OCTOBER 20, 1980.
BOTH APPLICATIONS WERE VOTED ON TOGETHER.
10/20/80
An Ordinance upon application of T. M. and Jean T. Malbon for a
Change of Zoning District Classification from AG-2 Agricultural
Distri6t-to R- IC, strict on certain property located
on the South side of Dam Neck Road beginning at a point 255 feet
more or less East of the intersection of Dam Neck Road and Dwyer
Road, running a distance of 52.40 feet along the South side of
Dam Neck Road, running a distance of 509.49 feet in a Southerly
direction, running a distance of 273.91 feet in an Easterly
direction, running a distance of 515.58 feet in a Northerly di-
rection, running a distance of 167.27 feet along the South side
of Dam Neck Road, running a distance of 600 fee't in a Southerly
direction, running a distance of 440 feet in a Westerly direction,
running a distance of 460 feet more or less in a Southwesterly
direction, running a distance of 100 feet in a Northerly direction,
running a distance of 512.49 feet in a Northwesterly direction,
running a distance of 130.69 feet along the South side of Dwyer
Road, running a distance of 176.76 feet in a Southeasterly direction,
running a distance of 269.55 feet in a Northeasterly direction,
running a distance of 200.03 feet in an Easterly direction and running
a distance of 515.52 feet in a Northerly direction. Said parcel
contains 9.114 acres more or less. PRINCESS ALNNE BOROUGH.
10/20/80
- 35-
P L A N N I N G A G E N D A
ITEM II-H.1@.a ITEM #15758
Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant.
Councilman Baum made a motion, seconded by Councilman Standing, to
APPROVE the application of T. M. AND JEAN T. MALBON, for a Change
of Zoning District Classification, as per the following; subject to
the conditions outlined in the City Manager's letter, with the
exception of the wording on cindition #4, which reads:
4. All drainage ditches on &L--ad@aeeitt--t-a this site are
to be piped and an adequately-sized drainage easement
dedicated over each.
An Ordinance upon application of T. M. and Jean T. Malbon for a
Change of Zoning District Classification from AG-1 Agricultural
District to R-8 Residential District on certain property located
600 feet South of Dam Neck Road beginning at a point 640 feet
more or less East of the intersection of Dam Neck Road and Dwyer
Road, running a distance of 2781.28 feet along the Eastern pro-
perty line, rimning a distance of 2120.89 feet along the Soutbern
property line, running a distance of 2386.28 feet along the
Western property line and running a distance of 900 feet more or
less along the Northern property line. Said parcel contains
77.665 acres. PRINCESS ANNE BOROUGH.
Voting: 5-5
Council Members Voting Aye:
John A. Baun, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Donald W. Merrick, and Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin*
Due to a tie vote, the motion was LOST.
- 3 6 -
ITEM II-H.l.b ITEM #15759
Mr. Paul L. Williams appeared in behalf of the applicant.
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of George B. Wilson for a Conditional Use
Permit, as per the following; subject to the conditions outlined in the
City Manager's letter:
ORDINANCE UPON APPLICATION OF GEORGE B. WILSON R01080344
FOR A CONDITIONAL USE PERMIT FOR A CEMETERY
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of George B. Wilson for a Conditional Use
Permit for a cemetery on certain property located on The East side of
Holland Road beginning at a point 3300 feet South of North Landstown
Road, running a distance of 361.54 feet along the East side of Holland
Road, running a distance of 853.88 feet in a Northeasterly direction,
running a distance of 321.04 feet in a Southeasterly direction, running
a distance of 133.62 feet in a Northeasterly direction, running a dis-
tance of 503.14 feet in a Southerly direction, running a distance of
240 feet in an Basterly direction, running a distance of 444.73 feet
in a Southerly direction, running a distance of 177.36 feet in a
Northeasterly direction, running a distance of 1964.59 feet in an
Easterly direction, running a distance of 3050.87 feet in a North-
westerly direction, running a distance of 362.55 feet in a Southwesterly
direction, running a distance of 123 feet in a Northeasterly direction
and running a distance of 2213.13 feet in a Southwesterly direction.
Said parcel contains 110.881 acres. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in conjunction with the
intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Septic tank approval subject to a soil evaluation of this
site.
3. Compliance with Article 2, Section 226 of the Comprehensive
Zoning Ordinance pertaining to Cemeteries, Columbariums,
Crematories, and Mausoleums.
4. A 15-foot dedication along Holland Road.
5. Right-of-way improvements will be necessary along Holland Road;
this includes pavement widening, curb and gutter, sidewalk and
drainage facilities.
6. Tbe dedication of a drainage easement 150 feet from the center-
line of Canal #2.
7. All drainage ditches located on or adjacent to this site are to
be piped and an adequately-sized drainage easement dedicated over
each.
.This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980
3 7-
Vot ing: 1 0-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 38-
ITEM II-H.l.c ITEM #15760
Mr. Richird Galloway appeared in behalf of the applicant
Upon motion by Councilman Kitchin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of S. M. RIGGS AND RICHARD E.
GALLOWAY for a Conditional Use Permit, as per the following; subject
to the conditions o,,tlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF S. M. RIGGS AND R01080345
RICHARD E. GALLOWAY FOR A CONDITIONAL USE PERMIT
FOR RETAIL SEAFOOD SALES
BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VI-RGINIA BEACH, VIRGINIA:
Ordinance upon application of S. M. Riggs and Richard E. Galloway for
a Conditional Use Permit for,retail seafood sales in certain property
located on the West side of Mediterranean Avenue beginning at a point
50 feet South of 18th Street, running a distance of 100 feet along
the West side of Mediterranean Avenue, running a distance of 100 feet
along the Southern property line, running a distance of 100 feet along
the Southern property line, running a distance of 100 feet along the
Western property line and running a distance of 100 feet along the
Northern property line. Said parcel contains .22 acre. VIRGINIA BEACH
BOROUGH.
Approval is subject to tbe following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
- 3 9 -
ITEM II-H.l.d ITEM #15761
Mr. Donald G. Wolf appeared in behalf of his application.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the Ordinance upon application of DONALD G. WOLF for a
Conditional Use Permit, as per the following, subject to the conditions
outlined in the Cit@manager's letter:
ORDIN&NCE UPON APPLICATION OF DONALD G. WOLF FOR R01080346
A CONDITIONAL USE PERMIT FOR A MUFFLER SHOP
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Donald G. Wolf for a Conditional Use
Permit for a muffler shop on certain property located on the South
side of Indian River Road beginning at a point 618 feet West of
Clinton Street, running a distance of 65 feet along the South side
of Indian River Road, running a distance of 60 feet in a Southwesterly
direction, running a distance of 45.46 feet in a Northwesterly direction,
running a distance of 33.08 feet in a Southwesterly direction, running a
distance of 130 feet in a Southeasterly direction and running a distance
of 154 feet along the Eastern property line. Said parcel contains .25
acre. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan and Subdivision
Ordinance.
2. City water and sewer.
3. All repair work is to be performed within the building.
4. The submission of a revised site plan with an acceptable
traffic circulation pattern.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
Voting: 10-0
40 -
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
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ITEM II-H.l.e ITEM #15762
Pastor J6e Martin appeared in behalf of his application.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of WORD OF LIFE CHRISTIAN CENTER for a
Conditional Use Permit, as per the following, subject to the conditions
outlined in the Cit@manager's letter, with the exception of condition
#5, which is to read as follows:
5 . Tite - ap p4:4eftitt- -lit d -iee te 9- t- hat-app r e3e !ina te ly - 4T .290
Parking for the church is
to be provided at a ratio of one space per five
(5) seats. Genseettient-4:y-,
ORDINANCE IJPON APPLICATION OF WORD OF LIFE CHRISTIAN R01080347
CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Word of Life Christian Center for a
Conditional Use Permit for a church on certain property located
on the East side of Princess Anne Road beginning at a point 310
feet more or less South of Edwin Drive, running a distance of 200
feet along the East side of Princess Anne Road, running a distance
of 300 feet more or less in a Northeasterly direction, running a
distance of 500 feet in a Northwesterly direction, running a
distance of 180 feet more or less along the South side of Edwin
Drive, running a distance of 180 feet in a Southeasterly direction,
running a distance of 20 feet in a Northeasterly direction, running
a distance of 170 feet in a Southeasterly direction and running a
distance of 170 feet in a Southwesterly direction. Said parcel
contains 2.6 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjtmction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Approval is to be for a period of ONE (1) YEAR.
4. Approval of a variance to the 3 acre minimum area required
from the Board of Zoning Appeals.
5. Parking for the church is to be provided at a ratio of one
(1) space per five (5) seats.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
4 2-
Votin g: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*
-4 3-
ITEM II-F.2b ITEM #15764
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to ADOPT the Resolution requesting Fairfax County
Redevelopment and Housing Authority to assist in financing a proposed
multi-family housing project to be constructed for persons of low
income in the City of Virginia Beach, ("Bridle Creek Apartments");
deleting the second paragraph which read as follows:
WHEREAS, due to the extremely high interest rates which
currently prevail in the money markets, the Project is
not financially feasible unless a method can be devised
of financing the Project through the issuance of Tax
Exempt Obligations.
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Donald W. Merrick, Meyera E. Oberndorf
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Absent:
F. Reid Ervin*
It was noted that the Resolution in the Agenda, and the one passed to
Council by Hunton and Williams, are one and the same Resolution.
- 4 4-
At a meeting of the Council of the C-ity
of Virginia Beacb held in the Council
Chambers on the Twentieth day of
October, 1980, tbe following Resolution
was adopted.
RESOLUTION
WHEREAS, the United States Department of Housing and Urban
Development ("HUD"), bas indicated its willingness to provide rental
assistance subsidies pursuant to Section 8 of the United States Housing
Act of 1937 for a 132-unit multi-family housing project to be constructed
in the City of Virginia Beach, Virginia, (the "Ci,yll), for persons of low
income and known as the "Bridle Creek Apartments" (the "Project"); and,
WHEREAS, pursuant to the Virginia Housing Authorities Law,
Chapter 1, Title 36, Code of Virginia of 1950, as amended (the "ACT"),
redevelopment and housing authorities may issue tax exempt obligations
to provide the financing for low income housing projects such as the
Project; and,
WHEREAS, althougb there is no Redevelopment and Housing
Authority created in the City of Virginia Beach, pursuant to Section
36-23 of the Act a Redevelopment and Housing Autbority created in anotber
jurisdiction is authorized to provide the financing for the Project
provided that the City Council first adopt, after a public hearing,
a Resolution finding that (a) there is a need for such an Authority to
exercise its powers in the City, (b) there is a shortage of safe or
sanitary dwelling accommodations in the City available to persons of
low income at rentals they can afford; and, (3) these conditions can best
be remedied through the exercise of such Authority's power within the
City; and,
WHEREAS, it appears that such conditions do exist in the
City and that the Project will alleviate a shortage of housing in the
City for persons of low income; and,
WHEREAS, the Fairfax County Redevelopment and Housing Authority
(the "Authority"), will soon issue tax exempt obligations in order to
- 4 5-
finance a low income bousing project in Fairfax County and these are
indications that the Authority may be willing to issue additional
obligations in connection with that financing in amounts sufficient to
finance the Project in Virginia Beach;
NOW, THEREFORE, BE IT ORESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. A Public Hearing is required by Section 36-23 of the Act
was held in the City Council Chambers, Virginia Beach, Virginia, on
October 20, 1980, at 2:00 o'clock p.m. The Clerk of the City Council
was authorized and directed to cause a Public Notice of such hearing
to be published in Virginia Beach Sun, a newspaper published in the
City of Virginia Beach, at least ten (10) days prior to the date of such
meeting; and, such acts are hereby ratified.
2. There is a shortage of safe and sanitary dwelling
accommodations in the City of Virginia Beach, Virginia, available to
persons of low income at rentals they can afford and these conditions can
be best remedied through the exercise of the Fairfax City Redevelopment
and Housing Authority's powers within the territorial boundaries of the
City of Virginia Beach, Virginia, in the financing of the Project, provided
that such exercise shall not have the effect of establishing a Redevelopment
and Housing Authority for the City of Virginia Beach.
3. The Fairfax County Redevelopment and Housing Authority is
hereby requested to make a determination whether it would be willing to
assist in financing the Project and to administer the Section 8 rental
subsidies under an annual contributions contract with HUD.
- 46-
ITEM II -H. 2. a ITEM #15763
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.5 OF THE SUBDIVISION ORDINANCE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO PUBLIC,SITES AND OPEN SPACES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 4.5 of the Subdivision Ordinance of the City of
Virginia Beach, Virginia, is amended as follows:
4.5 Public Sites and Open Spaces
It is required that residential developers meet the following
recreational open space requirements to serve the residents of their
developments:
(a) The developer shall reserve within his subdivision a parcel
of land for open space and recreational purposes according
to tbe following rates:
% of Total Land Required
Lot Size for Open Space
Less than 5,000 sq. ft 15%
5,000 sq. ft. - 7,499 sq. ft. 12%
7,500 sq. ft. - 9,999 sq. ft. 10%
10,000 sq. ft. - 14,999 sq. ft. 8%
15,000 sq. ft. - 19,999 sq. ft. 7%
20,000 sq. ft. - 29,999 sq. ft. 6%
30 , 000 sq. f t . - 3 9 , 9 9 9sq. ft. 5%
greater than 40,000 sq. ft. 3%
However, in subdivisions where the resulting area to be reserved
for recreational purposes would be less than two acres, and would
serve no useful public purpose, the Director of Planning may waive
the open space requirements.
(b) As an alternative to the requirement in (a) above, if mutually
agreed to by the City and the developer, the developer may elect
to meet the recreational open space requirement by one of the
following methods:
(1) The developer may dedicate at no cost to the City a parcel
of land equal in size to one-half the area derived from (a)
above.
(2) The developer may dedicate at no cost to the City a parcel
of land lesser in size than one-half the area derived from
(a) above, provided that he also installs facilities or
other improvements on an approved schedule so that the
total recreational amenity provided is in the opinion of
the Planning Director equivalent to that which would
be provided by (a) above.
(3) Any other arrangement mutually agreed to by the City and
the developer, provided that the recreational amenity
made available is equivalent to that which would be provided
by (a) above.
10/20/80
4 7-
(c) As a further alternative to the requirements in (a) and (b)
above the developer may establish a homeowner's association
to own and maintain open space and facilities. The amount of
open space provided, and the nature, extent, and availability
of facilities or other improvements provided must be sufficient
in the opinion of the Planning Director to constitute a
recreational amenity equivalent to that which would otherwise
be provided by (a) above.
(d) All land provided for recreation must be easily accessible
from all the lots of the subdivision and must be located on
land well suited for recreational purposes. No land whose
use for recreational purposes is significantly impeded by
the presence of easements, soil conditions, topographic
conditions, or other similar factors, shall be included as
land set aside for recreation.
(e) The developer must provide clearly defined street and
pedestrian access to the open space areas.
(f) Any reservation of land for public acquisition and use
required under this provision shall be void if not exercised
within five years from the date of recordation of the
subdivision agreement, provided, however, that the City Council
may release such reserved land at an earlier date if it is
found to be no longer necessary to the public purpose. The
compensation due the developer shall be an expressed element
of the subdivision agreement.
(g) The developer shall be required to show in dotted lines on
the final plat how he will develop any reserved areas in the
event that the City elects not to acquire the reserved pro-
perty.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
-4 8-
COUNCILMAN HOLLAND LEFT CHAMBERS
Upon mot ion by Councilman Baum, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the Planning Commission and
APPROVE the Ordinance to amend and reordain Section 4.5 of the
S,ubdivision Ordinance of the City of Virginia Beach relating to public
sites and open spaces.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*, and Clarence A. Holland
item #15764 was inadvertently omitted from the numbe ring system
-4 9-
ITEM II-I.l.a/b/c/d ITEM #15765
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinances authorizing a temporary encroachment into
a portion of the City drainage and canal easements in the subdivision
of Chelsea to the following property owners:
Mr. James Hoffius
Mr. Richard Foster
Mr. Charles T. Phillips
Mr. James E. White, Jr.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heiscbober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin*, and Clarence A. Holland
- 50 -
Requested by: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT BY MR. JAMES HOFFIUS INTO A
PORTION OF THE CITY DRAINAGE AND CANAL
EASEMENT IN THE SUBDIVISION OF CHELSEA
BE 1T 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 Mr. James Hoffius,
1800 Duke of York Quay is authorized to erect and maintain a temporary
encroachment in the City drainage and canal easement.
That the temporary encroachment herein authorized is for the purpose
of constructing and maintaining a bulkhead located adjacent to bis
property at 1800 Duke of York Quay; and that such bulkbead shall be erected
and maintained in accordance with the City of Virginia Beach Public
works Department's specifications and approval as to size, alignment,
and location and shall be more particularly described as follows:
An area of encroachment into a portion of
the City's drainage and canal easement as
shown on that certain plat entitled:
"Proposed Bulkhead Plan In: Chelsea Canals
At: Chelsea Application By: J. Hoffius,"
a copy of which is on file in the Department
of Public Works City of Virginia Beach to which
reference is made for a more particular description.
PROVIDED, HOWEVER, that tbe temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Mr. Hoffius
and that within Ninety (90) days after such notice is given, such
temporary encroachment shall be removed from the City drainage and
canal easement by Mr. James Hoffius, his agents or employees; and that
Mr. James Hoffius sball bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
tbat Mr. James Hoffius sball indemnify and hold harmless the City of
- 51-
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 temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than tbat specified
herein and to the limited extent specified herein, not to permit the
maintenance or construction of any encroachments by anyone other than
Mr. James Hoffius.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October, 1980.
- 52-
Requested by: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT BY MR. RICHARD FOSTER INTO A
PORTION OF THE CITY DRAINAGE AND CANAL
EASEMENT IN THE SUBDIVISION OF CHELSEA
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 Mr. Richard Foster
1858 Duke of York Quay, is authorized to erect and maintain a temporary
encroachment in the City drainage and canal easement.
That the temporary encroachment herein authorized is for the purpose
of constructing and maintaining a bulkhead located adjacent to his
property at 1858 Duke of York Quay;@and that such bulkhead shall be erected
and maintained in accordance with the City of Virginia Beach Public
Works Department's specifications and approval as to size, alignment,
and location and shall be more particularly described as follows:
An area of encroachment into a portion of
the City's drainage and canal easement as
shown on that certain plat entitled:
"Proposed Bulkhead Plan In: Chelsea Canals
At: Chelsea Application By: R. D. Foster
a copy of which is on file in the Departmerlt
of Public Works City of Virginia Beach 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 Mr. Richard
Foster and that within Ninety (90) days after such notice is given, such
temporary encroachment shall be removed from the City drainage and
canal easement by Mr. Richard Foster, his agents or employees; and
that Mr. Richard Foster shall bear all costs and expenses of such
removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Mr. Richard Foster 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
53-
case it shall be necessary to file or defend an action arising out of
the location or existence of such temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than that
specified herein and to the limited extent specified herein, nor to
permit the maintenance or construction of any encroachment by anyone
other than Mr. Richard Foster.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October 1980.
- 54-
Requested by: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORAR7
ENCROACHMENT BY MR. CHARLES T. PHILLIPS INTO A
PORTION OF THE CITY DRAINAGE AND CANAL
EASEMENT IN THE SUBDIVISION OF CHELSEA
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 Mr. Charles Pbillips
1816 Duke of York Quay, is authorized to erect and maintain a temporary
encroachment in the City drainage and canal easement.
That tbe temporary encroachment herein authorized is for the purpose
of constructing and maintaining a bulkhead located adjacent to his
property at 1816 Duke of York Quay; and, that such bulkbead shall be erected
and maintained in accordance with the City of Virginia Beach Public
Works Department's specifications and approval as to size, alignment,
and location and shall be more particularly described as follows:
An area of encroachment into a portion of
the City's drainage and canal easement as
shown on that certain plat entitled:
"Proposed Bulkhead Plan In: Chelsea Canals
At: Chelsea Application By: Charles Phillips
a copy of which is on file in the Department
of Public Works City of Virginia Beach to whicb
reference is made for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment berein authorized
shall terminate upon notice by the City of Virginia Beach to Mr. Phillips
and that within Ninety (90) days after such notice is given, such
temporary encroachment shall be removed from the City drainage and
canal easement by Mr. Charles Phillips, his agents or employees; and
that Mr. Charles Phillips shall bear all costs and expenses of such
removal.
AND, PROVIDED FURTHER, that it is expressly understood and agre.ed
that Charles Phillips 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
- 5 5-
case it shall be necessary to file or defend an action arising out of
the location or existence of such temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than that
specified herein and to the limited extent specified herein, nor to
permit the maintenance or construction of any encroachment by anyone
other than Mr. Charles Phillips
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of October 1980.
- 56-
Requested by: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT BY MR. AND MRS. JAMES WHITE INTO A
PORTION OF THE CITY DRAINAGE AND CANAL
EASEMENT IN THE SUBDIVISION OF CHELSEA
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 Mr. and Mrs.
James E. White, Jr., 1812 Duke of York Quay, is authorized to erect and
maintain a temporary encroachment in the City drainage and canal easement.
That the temporary encroachment herein authorized is for the purpose
of constructing and maintaining a bulkhead located adjacent to his
property at 1812 Duke of York Quay; and, tbat such bulkhead shall be erected
and maintained in accordance with the City of Virginia Beach Public
Works Department's specifications and approval as to size, alignment,
and location and shall be more particularly described as follows:
An area of encroachment into a portion of
the City's drainage and canal easement as
shown on that certain plat entitled:
"Proposed Bulkhead and Dock In: Chelsea Canals
At; Chelsea Application By: James E. White, Jr.,
a copy of which is on file in the Department
of Public Works City of Virginia Beach 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 Mr. and Mrs.
James E. White, Jr., and that within Ninety (90) days after such notice is
given such temporary encroachment shall be removed from the City drainage
and canal easement by Mr. and Mrs. James E. White, Jr., his agents or
employees; and, that Mr. and Mrs. James E. White, Jr., shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Mr. and Mrs. James E. White, Jr. 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
- 5 7-
fees in case it shall be necessary to file or defend an action arising
out of the location or existence of such temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than that
specified herein and to the limited extent specified herein, nor to
permit tbe maintenance or construction of any encroachment by anyone
other than Mr. and Mrs. James E. White, Jr.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twentieth day of Ottober 1980.
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
- 58-
COUNCILMAN ERVIN ENTERED MEETING AT 4-30 p.m.
N E W B U S I N E S S
ITEM II-K.1 ITEM #15766
Attorney Robert L. Simpson, Jr., representing Yellow Cab of Norfolk
(Browns Auto), and Langly Land.
Attorney Simpson advised Council his client is requesting a permit to
operate seven (7) for hire vehicles (limousines).
Letters of recommendations were received concerning the above matter,
and have been made a part of these proceedings.
The following appeared in favor of the request:
Mr. Robert F. Apperson, Capes Shipping Agencies, Inc.
The following appeared in opposition to the request:
Attorney John Hooker, representing five taxi cab companies
in the City of Virginia Beach
Mr. Herbert R. Dise, Dliamond Cab Company
Councilman Baum made a motion, seconded by Councilwoman McClanan, to
APPROVE the request of Yellow Cab of Norfolk (Browns Auto), and grant
them a Certificate of Public Convenience and Necessity for six (6)
months.
Vice Mayor Heischober offered an AMENDMENT to the MAIN MOTION, to
approve the request for six (6) months, and Browns Auto will agree
to furnish service strictly to launch area, and will not pick up
riders in Virginia Beach where their destination point is Virginia
Beach.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilwoman
Oberndorf, to DEFER FOR ONE WEEK the request of Yellow Cab of Norfolk, Inc.
(Browns Auto), for a Certificate of Public Convenience and Necessity.
Voting: 11-0
10/20/80
5 9-
Council Members Voting Aye: (for Substitute Motion)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-60 -
ITEM #15767
Councilman Ervin advised Council there were several proposals presented
today during the meeting of City officials from the surrounding area
concerning the emergency measures to provide water to Norfolk and
Virginia Beach.
Councilman Ervin made a motion, seconded by Councilman Baum, that the
Virginia Beach City Council recess into EXECUTIVE SESSION to consider
these proposals after which they will ADJOURN.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Mmbers Voting Nay:
None
Council Members Absent:
None
City Council recessed into the EXECUTIVE SESSION at 5:15 p.m.
10 20 80
-61 -
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #15768
Upon motion by Councilman Ervin, seconded by Councilman Baum, and by
UNANIMOUS vote, the meeting adjourned at 6:15 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges ith, City Clerk May@ H o@ D.D.-T
I
City of Virginia Beach,
Virginia
20 October 1980
dmhlmas
I