AUGUST 27, 1984 MINUTES
City e>£ Virgir1ia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR HAROLD HEISCHOBER, At Large
VICE.MAYOR REBA S. McCLANAN, Princess Anne Borough
JOHN A. BAUM, Blackwater Borough
NANCY A. CREECH, At Large
ROBERT E, FENTRESS, Virginia Beach Borough
BARBARA M, HENLEY, Pungo Borough
H. JACK JENNINGS, JR., Lynnhaven Borough
l,OU/S R. JONES, Bayside Borough
OBERT G, JONES, At Large
0 HENRY McCOY, JR., Kempsvi/J.e Borough
fEYERA E. OBERNDORF, At Large
'UTH HODGES SMl11I, CMC, City Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 2$456.90Q2
(804 J 1,27-1.$0$
August 27, 1984
Virginia Beach City Council
Briefing:
Tidewater Transportation District Commission-
Norfolk/Virginia Beach Rail Passenger Service - 4:30 p.m.
ITEM I.
MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6:00 p.m.
A.
CALL TO ORDER - Mayor Harold Heischober
B.
ROLL CALL OF COUNCIL
C.
MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II.
REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers
- 7:00 p.m.
A.
INVOCATION:
Miss Cheryl Duke
Chaplain
Seashore State Park
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 August 20, 1984.
a.
The City Clerk and City Attorney
request deferral to September 10, 1984.
ITEM II.
E.
F.
G.
H.
PRESENTATION
1.
Resolution in Appreciation - W. H. Kitchin III
Review of Consent Agenda
DISCUSSION OF PERTINENT MATTERS - Mayor/Council
PLANNING
1.
Application of Andrew S. Fine and Morris H. Fine t/a Vintage
Imports, Ltd. for a change of zoning from R-6 Residential
District to B-2 Community-Business District on a 1.819-acre
parcel (1444 Kempsville Road) located on the east side of
Kempsville Road, south of Indian River Road (Kempsville
Borough) .
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2.
Application of Russell E. and Louise F. Simpson for a change
of zoning from R-5 Residential District to 0-1 Office
District on a 24,979.4-square foot parcel located at the
southeast corner of Princess Anne Road and Downey Drive
(Kempsville Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3.
Application of Cerino Construction for a change of zoning
from R-6 Residential District to A-2 Apartment District on a
1.62-acre parcel located along the south side of Bonney
Road, east of South Fir Avenue (Kempsville Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4.
Application of Guillermo E. and Blandine M. Espejo for a
change of zoning from R-8 Residential District to A-1
Apartment District on a 6.344-acre parcel located on the
west side of Baxter Road, north of Kenley Road (Kempsville
Borough) .
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5.
Application of the Trustees of Beth Messiah Synagogue for a
conditional use permit for a church/synagogue building on a
10.8-acre parcel located on the north side of Holland Road,
west of Delft Drive (Princess Anne Borough).
(This application was deferred until today on August 20,
1984.)
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II.
H.
PLANNING (Cont'd)
6.
Application of W. W. Reasor Enterprises for a conditional
use permit for mini-warehouses on a 4. 553-acre parcel
located on the east side of Lord Dunmore Drive, north of
Providence Road (Kempsville Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7.
Application of Tidewater Korean Baptist Church for a
conditional use permit for a church on a 2.779-acre parcel
located at the southwest corner of Overland Road and
Oakengate Drive (Kempsville Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8.
Application of Albert J. Ondic, Jr. and Jammie Featherstone
for a conditional use permit for a home occupation (beauty
salon) on a 14, 700-square foot parcel located on the west
side of Ash Avenue, north of Southern Boulevard (Kempsville
Borough) .
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9.
Application of Norman Gladden, Jr. for a conditional use
permit for a recreational facility of an outdoor nature
(shooting range) on a 34-acre parcel located off a private
road that runs north from Princess Anne Road, just west of
its intersection with Public Landing Road (Pungo Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10.
Application of Hickory Corporation for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The site is located on the west side of Thompkins Lane,
south of Thompkins Court (Kempsville Borough).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
11.
Amendments to the Comprehensive Zoning Ordinance pertaining
to height requirements:
Amend and reordain Article 5, Section 503, pertaining to
height regulations in residential areas;
Amend and reordain Article 5, Section 582(e), pertaining to
height regulations;
Amend and reordain Article 5,
pertaining to height regulations;
574,
by
adding
Section
AND,
Amend and reordain Article 6, Section 603, pertaining to
height regulations for apartments.
(These amendments were deferred until today on August 20,
1984).
a.
Letter from the City Manager requests
indefinite deferral of these amendments.
ITEM II.
L
J.
RESOLUTIONS/ORDINANCES
1.
Ordinance to amend and reordain Section 33-6 of the Code of
the City of Virginia Beach, Virginia, pertaining to sales
conducted on or adjacent to public right-of-way (peddlers).
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1.
Resolution of Appreciation to W. H. Kitchin III.
2.
Resolution amending Travel Regulations for the City of
Virginia Beach.
3.
Resolution to re-define the boundaries of the Atlantic
Park Community Development Target Neighborhood (Oceana
community).
4.
transfer
$7,200
Jobs
Bill
within
the
Ordinance
Program.
to
5.
Ordinance, on SECOND READING, to accept a grant and
appropriate $13,977 .00 from the Department of Criminal
Justice Services.
6.
Ordinance, on FIRST READING, to accept grants and
appropriate $231,220 from State aid to public libraries
and $5,739 from Federal aid to public libraries.
7.
Ordinance appointing viewers in the petition of Mr. and
Mrs. Reiter for the closure of a portion of Old Holland
Road (Kempsville Borough).
8.
Authorization of the publication of a Notice of Public
Hearing for September 10, 1984 for Regency Apartments
Associates Limited Partnership (Portsmouth Redevelopment
and Housing Authority).
9.
State-Local Hospitalization Contracts:
1983-84
1984-85
Chesapeake General Hospital
Children's Hospital of the
King's Daughters
Community Mental Health Center
DePaul Hospital
Hampton General Hospital
Humana Hospital-Bayside
Maryview Hospital
Medical College of Virginia
Norfolk Community Hospital
Portsmouth General Hospital
Riverside Hospital
Louise Obici Memorial Hospital
University of Virginia
Walter Reed Memorial
Hospital, Inc.
Virginia Beach Department of
Public Health (CLINIC)
All clinic and emergency room
rates are:
$298.96
$350.84
367.67
264.60
333.23
421. 28
264.28
365.42
271.03
295.69
335.39
356.65
303.73
324.88
275.49
261. 73
356.65
252.72
291. 25
316.19
251. 63
289.90
249.78
221.45
316.19
221.88
254.89
15.00
15.00
15.00
15.00
10.
Request of the City Treasurer for tax refunds in the
amount of $1,214.29.
ITEM II.
K.
L.
M.
UNFINISHED BUSINESS
1.
Francis Land House Proposal
2.
Bond Referendum - November 1984
NEW BUSINESS
1.
Resolution of City Council of the City of Virginia Beach,
Virginia, delegating to the City of Virginia Beach
Development Authority the power to allocate the City's
"Private Activity Bond Limit".
ADJOURNMENT
1.
Motion to adjourn.
CITY COUNCIL MEETING
OF
SEPTEMBER 3, 1984
CAN C ELL E D
LEGAL HOLIDAY
August 27, 1984
B R I E FIN G
- u '
Tidewater Transportation District Commission
(I:
~ ...
Norfolk/Virginia Beach Rail Passenger Service
4:30 p.m.
James C. Echols, Executive Director of the Tidewater Transportation District
Commission, presented a guide which the TIDEWATER TRANSPORTATION DISTRICT
COMMISSION used to formulate their present transportation policy:
Enhance public mobility. Offer a mix of innovative public
transportation services that meet the needs of a wide range
of user groups.
Provide those services which maximize ridership within the
available financial resources.
Attract more people into fewer vehicles. Encourage employers
to develop incentives for employee use of public transporation
services.
Public transportation service efficiency and.,~ffectivy,nesf?
should be constantly evaluated to form a basis for making
service changes.
':: '
Public transportation should be used as a tool to direct
growth in desirable patters and support economic development.
Use of existing resources, such as the present highway system,
to provide public transportation service in an effective and
efficient manner.
These goals serve as a guideline to direct the planning and implementation
of a Rail Passenger Transit System along the "Virginia Beach Line," on a 17.1
mile long single-track freight rail line extending from just west of Norfolk
State University in Norfolk to just south of The Pavilion in Virginia Beach.
This project is patterned after an existing and very successful rail passen-
ger system in San Diego. The three main attributes of San Diego's system-
proven technology, simple utilitarian design, and maximizing use of facilities
already in existence - will be incorporated into the Norfolk-Virginia Beach pro-
ject.
The concept of and preliminiary planning for the exising rail right-of-way and
original transit system was formed during the early 1870's. By the late 1880's
steam locomotives and passenger cars were operating between a point on the east
bank of Broad Creek and the beach front. A ferry was boarded in the heart of
old downtown Norfolk, which proceeded up the Eastern Branch of the Elizabeth
River to the entrance to Broad Creek and the western terminus of the rail line.
August 27, 1984
- 2 -
B R I E FIN G
Tidewater Transportation District Commission
(Continued)
In 1900, the line was bought from northern interests by the Norolk Southern Rail-
road, and between 1902 and 1904, the entire loop was electrified. By this time,
the line extended from downtown Norfolk almost directly east to the beach, then
northerly parallel with the beach around Cape Henry, then westerly, parallel
with the Chesapeake Bay Beach, crossing Lynnhaven inlet and then proceeded south-
westerly to the beginning point. Five-car trolley trains, capable of 55 mph speeds,
operated over the line and by the mid-1920's, as many as fifty cars were in oper-
ation. The peak of the operation was about 1929, by which time the automobile had
begun to take its toll on the line's ridership.
During 1936, the trolleys were replaced by self-propelled, direct-drive gasoline
rail buses, with an operating speed of 50 mph. Even though some resurgence
of ridership occurred during World War II, necessitating the operation of four
rail buses and several steam trains, the line ceased operation on November 8,
1947, due to loss in ridership.
From 1947 until the present, the right-of-way (ROW) has been used for freight train
operation only. Early in 1974, the ROW was purchased by the Southern Railway Sys-
tem.
Freight service is currently provided by the Norfolk and Western Railway (a div-
ision of Norfolk Southern Corp.) on a five-day per week frequency. The line is
operated at night from Norfolk and Western's Portlock Yard in Chesapeake, leaving
the track unused for two-thirds of the day. The train generally turns at Euclid
(MP VB-8.0), but goes irregularly to Virginia Beach and occasionally to Oceana
Naval Air Station via a short industrial spur. Night freight service is preferred
in order to take advantage of reduced vehicular traffic at the 15 signalled and
33 unsignalled grade crossings.
The NORFOLK-VIRGINIA BEACH PUBLIC TRANSPORT CORRIDOR STUDY was prepared by Wilbur
Smith and Associates in October, 1977 to investigate alternative types of public
transportation systems for the Norfolk-Virginia Beach Corridor. The two corri-
dors evaluated extended fron Norfolk to the oceanfront resort area of Virginia
Beach. One corridor is bordered on the west by the Norfolk Central Business
District (CBD) and on the east by the oceanfront resort area. The second corri-
dor follows a southeasternly direction along 1-64 from the Naval Operating Base
north of the Norfolk CBD to connect with the main corridor for continuation to
the oceanfront.
Three basic alternatives were developed and evaluated as to their improvement over
the present transit service in the corridor. The alternatives were Improved Bus,
Commuter Rail, and Light Rail.
The PROSPECTUS submitted by TRT is hereby made a part of the record.
Funding for the proposed Norfolk/Virginia Beach Rail Passenger Service would be:
80% Federal Funds
10% State Funds
5~ City of Norfolk Funds
5% City of Virginia Beach
Funds
August 27, 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, August 27, 1984, at 6:00 in the evening.
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.
*Councilman J. Henry McCoy, Jr., D.D.S. entered the Executive Session at
6:02 p.m.
August 27, 1984
- 2 -
ITEM fI 22402
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 SESSION.
1.
PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2.
LEGAL MATTERS: Consultation with legal counselor briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City
Council voted to proceed into the EXECUTIVE SESSION at 6:00 in the evening,
to be followed by the REGULAR SESSION.
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.
August 27, 1984
- 3 -
REG U L A R
S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 27, 1984
7:00 p.m.
Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, August
27, 1984, at Seven O'Clock in the evening.
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, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Miss Cheryl Duke
Chaplain
Seashore State Park
Mayor Heischober presented Chaplain Duke with a framed copy of ' the CITY SEAL
in appreciation for her services to Seashore State Park. Chaplain Duke has
just been appointed Associate Pastor of the Zion Reformed Church, United
Church of Christ, in Greenville, Pennsylvania.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 27, 1984
- 4 -
Item II-D.1
MINUTES
ITEM fI 22403
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City
Council DEFERRED APPROVAL of the Minutes of August 20, 1984, until the City
Council Meeting of September 10, 1984.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 5 -
Item II-E. 1
PRESENTATION
ITEM /I 22404
Mayor Heischober presented a RESOLUTION OF APPRECIATION to:
W. H. KITCHIN, III
COUNCIL MEMBER 1980-1984
(Virginia Beach Borough)
An Engraved Plaque depicting the photographs and signatures of City
Council was also presented to W. H. KITCHIN by Vice Mayor McClanan.
Councilman Kitchin's wife, Jan, and daughters, Pilar and Meredith, were
in attendance.
August 27, 1984
- 6 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II -G. 1
JOINT MEETING
PLANNING COMMISSION/
CITY COUNCIL
ITEM fI 22405
The City Manager advised of the JOINT MEETING of the PLANNING COMMISSION
and the CITY COUNCIL of Virginia Beach on Thursday, August 30, 1984, at
7:00 p.m. in the PAVILION Conference Room.
- 7 -
Item II-H. 1
PLANNING
ITEM fI 22406
Attorney Gardner Haight represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ANDREW S. FINE AND MORRIS
H. FINE T/A VINTAGE IMPORTS, LTD. for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ANDREW S. FINE & MORRIS
H. FINE T/A VINTAGE IMPORTS, LTD. FOR A CHANGE OF
ZONING FROM R-6 TO B-2 Z0884880
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Andrew S. Fine & Morris
H. Fine T/A Vintage Imports, Ltd., for a Change of
Zoning District Classification from R-6 Residential
District to B-2 Community-Business District on certain
property located on the east side of Kempsville Road
beginning at a point 800 feet south of Indian River
Road, running a distance of 192.27 feet along the east
side of Kempsville Road, running a distance of 398.30
feet along the southern property line, running a dis-
tance of 185.30 feet along the eastern property line
and running a distance of 468.49 feet along the northern
property line. Said parcel is located at 1444 Kempsville
Road and contains 1.819 acres. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 8 -
Item II-H.2
PLANNING
ITEM fI 22407
Attorney Edwin C. Kellam represented the appllcant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of RUSSELL E. AND LOUISE F.
SIMPSON for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF RUSSELL E. AND LOUISE F.
SIMPSON FOR A CHANGE OF ZONING FROM R-5 TO 0-1 Z0884881
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Russell E. and Louise F. Simpson
for a Change of Zoning District Classification from R-5 Re-
sidential District to 0-1 Office District on certain property
located at the southeast corner of Princess Anne Road and
Downey Drive, running a distance of 101.32 feet along the
south side of Princess Anne Road, running a distance of
12.50 feet in a southerly direction, running a distance
of 15.35 feet in an easterly direction, running a distance
of 163.59 feet along the eastern property line, running a
distance of 125 feet along the southern property line and
running a distance of 233.55 feet along the east side of
Downey Drive. Said parcel contains 24,979.4 square feet.
KEMPSVILLE BOROUGH.
The following condition shall be required:
1.
The applicant has voluntarily agreed to construct a
6-foot privacy fence along the southern property
line.
Prior to the changing of the official zoning maps, the following condition must
be met:
A 10-foot dedication along the frontage on Downey Drive, 25
feet from the centerline of the old 30-foot 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
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Augus t 27, 1984
- 9 -
Item II-H.3
PLANNING
ITEM fI 22408
Reference was made to the letter dated August 6, 1984, from the applicant,
Ralph J. Cerino, Jr., requesting WITHDRAWAL of his application
(said letter is hereby made a part of the record)
The following registered in OPPOSITION but did not speak,
as WITHDRAWAL of the application was requested:
W. W. Turner, represented self.
J. P. Miskell, represented self
Marie Russell, resident of South Fir Avenue
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITHDRAWAL of the Ordinance upon application of CERINO
CONSTRUCTION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF CERINO CONSTRUCTION FOR A
CHANGE OF ZONING FROM R-6 TO A-2
Ordinance upon application of Cerino Construction for a
Change of Zoning District Classification from R-6 Resi-
dential District to A-2 Apartment District on certain
property located on the south side of Bonney Road be-
ginning at a point 227 feet east of South Fir Avenue,
running a distance of 50 feet along the south side of
Bonney Road, running a distance of 578 feet along the
eastern property line, running a distance of 150 feet
along the southern property line and running a dis-
tance of 577 feet along the western property line. Said
parcel contains 1.62 acres. KEMPSVILLE BOROUGH
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 10-
Item II-H.4
PLANNING
ITEM II 22409
Attorney Harry Hicks represented the applicant
*Reference was made to a letter from Howard P. Sykes, Jr., Attorney re-
presenting BAYKEMP ASSOCIATES, requesting dedication to the City of Virginia
Beach of a drainage easement encompassing the existing ditch and preserving
the flow of surface water runoff in the matter of the application of Guillermo
E. and Blandine M. Espejo (said letter is hereby made a part of the record)
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of GUILLERMO E. AND BLANDINE
M. ESPEJO for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF GUILLERMO E. AND BLANDINE
M. ESPEJO FOR A CHANGE OF ZONING FROM R-8 TO A-1 ZO884882
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Guillermo E. and Blandine M.
Espejo for a Change of Zoning District Classification from
R-8 Residential District to A-1 Apartment District on cer-
tain property located on the west side of Baxter Road, 779.68
feet north of Kenley Road. Said parcel is known as Lot 7,
Map of A. W. Cornick's Kempsville Farm and contains 6.344
acres. KEMPSVILLE BOROUGH
Prior to the changing of the official zoning maps, the following conditions
will be met:
1.
A 50-foot dedication along the frontage of Baxter Road
to match the alignment on file with the City Engineer's
Office and provide for an ultimate 90-foot right-of-way
as per the Master Street and Highway Plan.
2.
A 25-foot dedication along the eastern property line
to provide for an ultimate 60-foot right-of-way for
Bonney Road Relocated as per the Master Street and
Highway Plan
*The dedication of a drainage easement encompassing the existing ditch and
preserving the flow of surface water runoff will be addressed in the Site
Plan Review.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
August 27, 1984
None
- 11-
Item II-H.5
PLANNING
ITEM 11 22410
The Honorable Buster O'Brien represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance to authorize the BETH MESSIAH SYNAGOGUE to
hold 10.7133 acres of land in the City of Virginia Beach, pursuant to
Section 57-12, the Code of Virginia; and, further, ADOPTED an Ordinance
upon applicaton of THE TRUSTEES OF BETH MESSIAH SYNAGOGUE for a Conditional
Use Permit for a church.
ORDINANCE TO AUTHORIZE THE BETH MESSIAH SYNAGOGUE TO
HOLD 10.7133 ACRES OF LAND IN THE CITY OF VIRGINIA
BEACH.
AND,
ORDINANCE UPON APPLICATION THE TRUSTEES OF BETH
MESSIAH SYNAGOGUE FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R0884656
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Trustees of Beth Messiah
Synagogue for a Conditional Use Permit for a church/synagogue
building on certain property located on the north side of
Holland Road beginning at a point 1400 feet more or less
west of Delft Drive, running a distance of 599.39 feet a-
long the north side of Holland Road, running a distance of
1097.51 feet in a northeasterly direction, running a dis-
tance of 311.86 feet in a southeasterly direction, running
a distance of 409 feet in a southwesterly direction, running
a distance of 201.80 feet in a northwesterly direction and
running a distance of 686.07 feet in a southwesterly di-
rection. Said parcel contains 10.8 acres. PRINCESS ANNE
BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- lla -
AN ORDINANCE TO AUTHORIZE THE
BETH MESSIAH SYNAGOGUE TO HOLD
10.7133 ACRES OF LAND IN THE
CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority therefor contained in
the Code of Virginia, Section 57-12, the Trustees of the Beth
Messiah Synagogue are hereby authorized to take and hold in
the City of Virginia Beach, Virginia, 10.7133 acres of land
at anyone time if such acreage is to be devoted exclusively,
and is subsequently so devoted, to a church/synagogue building,
chapel, cemetary, offices, exclusively used for administrative
purposes of the church/synagogue, a Sunday-school building
and playgrounds therefor, and parking lot for the convenience
of those attending any of the foregoing, and a church manse,
parsonage or rectory; specifically included in such acreage
is the 10.7133 acre parcel located on the north side of Holland
Road, west of Delft Drive in Princess Anne Borough.
Adopted by the Council of the City of Virginia Beach
on the
27
day of
August
, 1984.
JDB:er
8-23-84
APPROVED AS TO CONTENT
.-,
SIGN,t, TURf
DEPARTMENT
August 27, 1984
- 12 -
Item II-H.6
PLANNING
ITEM fI 22411
Reference was made to a letter from Attorney Grover C. Wright, dated
August 2, 1984, requesting DEFERRAL of the Application of W. W. Reasor
for a change of zoning (said letter is hereby made a part of the record).
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED until the City Council Meeting of September 10, 1984,
an Ordinance upon application of W. W. REASOR ENTERPRISES for a Conditional
Use Permit per the following:
ORDINANCE UPON APPLICATION OF W. W. REASOR ENTER-
PRISES FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
Ordinance upon application of W. W. Reasor Enterprises
for a Conditional Use Permit for mini-warehouses on
certain property located on the east side of Lord
Dunmore Drive beginning at a point 737 feet north of
Providence Road, running a distance of 113 feet along
the east side of Lord Dunmore Drive, running a dis-
tance of 1208.82 feet along the northern property line,
running a distance of 131.83 feet in a southwesterly
direction, running a distance of 25 feet in a southeasterly
direction, running a distance of 88.87 feet in a south-
westerly direction, running a distance of 292 feet in a
westerly direction, running a distance of 56.57 feet
in a northwesterly direction, running a distance of
218 feet in a westerly direction, running a distance
of 132.54 feet in a northwesterly direction and running
a distance of 540 feet in a westerly direction. Said
parcel contains 4.553 acres. KEMPSVILLE BOROUGH
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 13-
Item II-H.7
PLANNING
ITEM II 22412
Attorney Richard A. Saunders, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of TIDEWATER KOREAN BAPTIST
CHURCH for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF TIDEWATER KOREAN BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R0884657
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Tidewater Korean Baptist
Church for a Conditional Use Permit for a church on cer-
tain property located at the southwest corner of Over-
land Road and Oakengate Drive, running a distance of
443.95 feet along the west side of Overland Road,running
a distance of 292.73 feet along the southern property
line, running a distance of 374.78 feet along the western
property line and running a distance of 294.42 feet along
the south side of Oakengate Drive. Said parcel is located
at 201 Overland Drive and contains 2.779 acres. KEMPSVILLE
BOROUGH.
The following condition shall be required, IF REQUESTED BY THE CITY:
1.
A dedication of right-of-way for the frontage along
Overland Road to provide for a standard 50-foot
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
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 14 -
Item II-H.8
PLANNING
ITEM It 22413
Albert J. Ondic, Jr." represented the applicant
Jammie Featherstone, represented the applicant
Upon motion by Councilman McCoy, seconded by Vice Mayor McClanan, City
Council ADOPTED an Ordinance upon application of ALBERT J. ONDIC, JR.,
AND JAMMIE FEATHERSTONE for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF ALBERT J. ONDIC, JR.,
AND JAMMIE FEATHERSTONE FOR A CONDITIONAL USE PERMIT
FOR A HOME OCCUPATION (BEAUTY SALON) RO884658
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Albert J. Ondic, Jr.,
and Jammie Featherstone for a Conditional Use Permit
for a home occupation (beauty salon) on certain prop-
erty located on the west side of Ash Avenue beginning
at a point 122.50 feet north of Southern Boulevard,
running a distance of 122.5 feet along the west side
of Ash Avenue, running a distance of 120 feet along
Northern property line, running a distance of 122.5
feet along the western property line and running a
distance of 120 feet along the southern property line.
Said parcel is located at 113 Ash Avenue and contains
14,700 square feet. KEMPSVILLE BOROUGH
The following condition shall be required:
1.
Approval is for a period of two years.
2.
The City will monitor traffic and parking.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
8-3*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
*Due to a malfunction of the VOTING MACHINE, the Vote was taken VERBALLY.
August 27, 1984
- 15 -
Item II-H.9
PLANNING
ITEM If 22414
Attorney Robert Steinhilber represented the applicant
The following were in attendance in support of the application
but did not speak:
Norman Gladden, Applicant
Charles A. Roper
A. D. Alberi
John Mason
Harry Dryer
Bob Regnier
Construction plans of the shooting range and letters of recommendation
were submitted to Council (said plans and letters are hereby made a
part of the record).
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of NORMAN GLADDEN, JR., for
a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF NORMAN GLADDEN, JR.,
FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL
FACILITY OF AN OUTDOOR NATURE (shooting range)
R0884659
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Norman Gladden, Jr., for a
Conditional Use Permit for a recreational facility of an
outdoor nature (shooting range) on certain property lo-
cated 1250 feet north of Princess Anne Road beginning at
a point 420 feet east of the intersection with Public
Landing Road, running a distance of 1000 feet more or
less along the southern property line, running a distance
of 50 feet more or less in a northeasterly direction, run-
ning a distance of 640 feet in a northwesterly direction,
running a distance of 270 feet in a northeasterly direction,
running a distance of 500 feet in a northerly direction,
running a distance of 350 feet in a northeasterly direction,
running a distance of 50 feet in a northerly direction,
running a distance of 200 feet in a southeasterly direction,
running a distance of 800 feet in a northeasterly direction,
running a distance of 260 feet in an easterly direction,
running a distance of 360 feet in a southerly direction,
running a distance of 300 feet more or less in a south-
westerly direction and running a distance of 1200 feet
more or less in a southerly direction. Said parcel con-
tains 34 acres more or less. PUNGO BOROUGH
The following conditions shall be required:
1.
Construction of the range shall be in accordance with
plans submitted with this application.
2.
Hours of operation will be restricted to between 10:00 a.m.
and 6~ee p.m.SUNDOWN, Monday through Saturday and between
12:00 Noon and 6~ee p.m. SUNDOWN, on Sunday. No operation
will be allowed after sundown.
3.
The facility shall be staffed during all hours of operation
and secured during closed hours.
* 4.
The applicant will provide adequate access to this site from
a public right-of-way.
*The Council and staff noted that Marvin Road is not a PUBLIC ROAD, but a PRIVATE
one.
- 15a -
Item II-H.9
PLANNING
ITEM fI 22414 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-seventh day of August, Nineteen Hundred and Eighty-four.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 16 -
Item II-H. 10
PLANNING
ITEM fI 22415
Attorney Frank Butler represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of HICKORY CORPORATION for a
VARIANCE to Section 4.4(b) of the Subdivision Ordinance. (NEWLIGHT COMMUNITY
DEVELOPMENT TARGET AREA)
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Hickory Corporation. Property
located on the west side of Thompkins Lane, 900 feet
more or less south of Thompkins Court. Plats with
more detailed information are available in the De-
partment of Planning. KEMPSVILLE BOROUGH
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 17 -
Item II-H.ll
PLANNING
ITEM 11 22416
Letter from Edward R. Roehm, AIA, President-Elect of the American
Institute of Architects, in support of the amendments to the
Comprehensive Zoning Ordinance pertaining to height requirements
was distributed to Council (said letter is hereby made a part of
the record).
Laszlo Aranyi, represented the American Insitute of Architects
Art Ross, President of Associated Designers, Limited.
Joe McClurkin, President of Coastal Roofing
Attorney Edward Caton presented a further AMENDED version of the
amendment to Article 5, by adding Section 574, pertaining to
height regulations in the Comprehensive Zoning Ordinance
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 5
SECTION 503 OF THE COMPRHENSIVE ZONING
ORDINANCE PERTAINING TO HEIGHT REGULATIONS
IN RESIDENTIAL AREAS;
ORDINANCE TO AMEND AND REORDAIN ARTICLE
5, SECTION 582(e) OF THE COMPREHENSIVE
ZONING ORDINANCE PERTAINING TO HEIGHT
REGULATIONS;
* ORDINANCE TO AMEND AND REORDAIN ARTICLE 5,
BY ADDING SECTION 574 TO THE COMPREHENSIVE
ZONING ORDINANCE PERTAINING TO HEIGHT REGU-
LATIONS IN AN R-8 RESIDENTIAL DISTRICT
(AS AHENDED);
AND,
ORDINANCE TO AMEND AND REORDAIN ARTICLE 6,
SECTION 603 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO HEIGHT REGULATIONS
FOR APARTMENTS.
*This was the substitute Ordinance submitted by Attorney Edward Caton.
This Ordinance had been Amended by the addition of ...."IN AN R-8
RESIDENTIAL DISTRICT" after the words... "PERTAINING TO HEIGHT REGULATIONS"
in the caption, and ...."on a conforming lot", after the words ..."forty
(40) feet" in the second paragraph, fourth line.
Voting:
7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, and
Meyera E. Oberndorf
August 27, 1984
- 17a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 503 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HEIGHT REGULATIONS
IN RESIDENTIAL AREAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 5, Section 503, Height Regulations, of the
C.Z.O. is hereby amended and reordained as follows:
Section 503.
Height regulations.
No portion of any building or other structure located
within an R-1 Residential District shall exceed thirty-five (35)
feet in height, except that such building or other structure may
be constructed to a maximum height of forty (40) feet, provided,
however, that the side yard setbacks (other than a side yard
adjoining a street) shall be increased by five (5) feet if the
building or other structure exceeds thirty-five (35) feet in
height.
Notwithstanding the above, no building or other
structure shall exceed the height limit established by
section 202(b).
er-ëfte-fte~~ftë-~~æ~ë-e8eðe~~8fteð-eY-8eeë~eft
%9%tet7-Wft~efteYer-~8-æere-re8er~ee~Ye.
27
Adopted this ---- day of
August
, 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/CJ/da
MISC.1
4/27/84
4/30/84
5/7/84
,"-',_., A'"' 1",r"\ Cn"HHfr
A"n" "~',"'",," , '" .,"
J'~ir'¡ 'v,.".,., ..
-_._---,..~-~;'!~.;~;------
--
--'--'-'DE"AR1W:~T
"'#~ 'D.~S:9? f~~t
('- ,,:;~~,:1U~
V C11~41,
August 27, 1984
- 17b -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 582(e) OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HEIGHT REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 5, Section 582, Height Regulations, of the
C.Z.O. is hereby added and reads as follows:
. . .
(e)
Height regulations:
No portion of any building or other structure located
within an R-9 Townhouse District shall exceed thirty-five (35)
feet in height e~-~fte-ftei~ft~-liffii~-e~~ððli~fteð-ðy-~ee~iefi-~e~tðt7
wbiefteve~-is-ffie~e-~es~~ie~iveõ, except that attached dwellings
containing no more than six (6) units may be constructed to a
maximum height of forty (40) feet and attached dwellings
containing seven (7) or more units may be constructed to a
maximum height of forty (40) feet provided the side yard setbacks
(other than a side yard adjoining a street) shall be increased by
five (5) feet if the building or other structure exceeds
thirty-five (35) feet in height and contains seven (7) or more
attached dwellings.
Notwithstanding the above, no building or
other structure shall exceed the height limit established by
section 202(b).
Adopted this
27
day of
August
, 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/CJ/da
ALT3.1
5/7/84
5/9/84
5/10/84
r~.'¡".j,,'iD f,5 Y:ì
j .,..
.'- ,- -"-:;~'~::;;~l(7-
d" ,.__._,.,--,-------,,_.....,-
L"h'/\Pi¡,'J'T
.~ EC,Î, -~~, ii_,!'$'1' i ,-
5..-;'.: .', ì. ,.t
August 27, 1984
c~ .. /, ;'r,";
- 17c -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, BY ADDING SECTION 574 TO
THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HEIGHT REGULATIONS IN
AN R-8 RESIDENTIAL DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 5, Section 574, Height Regulations, of the C.Z.O.
is hereby added and reads as follows:
Section 574.
Height regulations.
No portion of any building or other structure located within an
R-8 Residential District shall exceed thirty-five (35) feet in height,
except that such building or other structure may be constructed to a
maximum height of forty (40) feet on a conforming lot, provided, that
the side yard setbacks (other than a side yard adjoining a street) shall
be increased by five (5) feet if the building or other structure exceeds
thirty-five (35) feet in height and provided, further, that where there
is no required yard on one side of a single-family dwelling, the side
yard required in section 573(d) (2) shall be at least fifteen (15) feet.
Notwithstanding the above, no building or other structure shall exceed
the height limit established by section 202(b).
Adopted this
27
day of
August
, 1984, by the
Council of the City of Virginia Beach, Virginia.
August 27, 1984
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, BY ADDING SECTION 574 OF
THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HEIGHT REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 5, Section 574, Height Regulations, of the
C.Z.O. is hereby added and reads as follows:
Section 574.
Height regulations.
No portion of any building or other structure located
within an R-8 Residential District shall exceed thirty-five (35)
feet in height, except that such building or other structure may
be constructed to a maximum height of forty (40) feet, provided,
that the side yard setbacks (other than a side yard adjoining a
street) shall be increased by five (5) feet if the building or
other structure exceeds thirty-five (35) feet in height and
provided, further, that where there is no required yard on one
side of a single-family dwelling, the side yard required in
section 573(d)(2) shall be at least fifteen (15) feet.
Notwithstanding the above, no building or other structure shall
exceed the height limit established by section 202(b).
Adopted this
day of -
, 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/CJ/da
ALT3.1
4/27/84
4/30/84
5/7/84
APPROVED AS TO co~.jT!.:nT
SIC~1Ai u~~
-_....;---_._-
DE? ART MENT
Y. D ASM. r- ~t"
) . ~ ~~
NATURE
CITY A TTORN~Y
- 17d -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 603 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HEIGHT REGULATIONS
FOR APARTMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 6, Section 603, Height Regulations, of the
C.Z.O. is hereby added and reads as follows:
Section 603.
Height regulations.
No portion of any building or other structure located
within an A-1 Apartment District shall exceed thirty-five (35)
feet in height ð~-~fte-fte~~ft~-~~ffl~~-e~~að~~~fteð-ðy-~ee~~ðft-~e~tðtï
wfi~efieve~-~~-fflð~e-fe~~~~e~~veõ, except that attached dwellings
containing no more than six (6) units may be constructed to a
maximum height of forty (40) feet and that single-family
dwellings, attached dwellings containing seven (7) or more units,
and semi-detached dwellings may be constructed to a maximum
height of forty (40) feet provided the side yard setbacks (other
than a side yard adjoining a street) shall be increased by five
(5) feet if such buildings exceed thirty-five (35) feet in
height.
In addition, where there is no required side yard
setback on one side (the "Zero Side") of a single-family dwelling
which exceeds thirty-five (35) feet in height, the required side
yard on the lot adjacent to the Zero Side shall be at least
fifteen (15) feet.
Notwithstanding the above, no building or
other structure shall exceed the height limit established by
section 202(b).
Adopted this
27
day of
August
, 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/CJ/da
ALT3.1
5/7/84
5/9/84
5/10/84
AÞPROVED AS TO CON'i~~n
August 27, 1984
SIGt'iAIURé
DEPARTMENT
- 18 -
Item 11-1.1.
RESOLUTIONS
ITEM fI 22417
ADD-ON
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a RESOLUTION endorsing the concept presented by the
TIDEWATER TRANSPORTATION DISTRICT COMMISSION for the continued development
of the study to restore RAIL PASSENGER SERVICE between Virginia Beach
and Norfolk, and further requested the Commission to incorporate the
project tasks into the regional transportation and comprehensive plans,
and to present to this Council a request for funding for local support
of the cost of proceeding with the study.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings. Jr., Louis R.
Jones. Robert G. Jones, Vice Mayor Reba S. McClanan. J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 18a -
RES 0 L UTI 0 N
WHEREAS, the Tidewater Transportation District Commission has
been exploring the feasibility of restoring rail passenger service
between Virginia Beach and Norfolk, including short extensions to
carry service to the Oceanfront and the downtown areas; and
WHEREAS, important reasons which exist for reimplementing passenger
rail service are to provide an alternative to congested expressways
and arterials in this densely-settled corridor, and also to serve
vacationers and residents and to enhance the attractiveness of the
Virginia Beach-Norfolk area for continued economic development; and
WHEREAS, certain factors now at work in the economy of the area
dictate that as development creates more intense use of available land,
that demand for public transportation for commuters, tourists, and
non-commuters will increase.
In addition, as congestion and travel
time increase, so will the applicability of alternate transit service
to the densely-developed areas: and
WHEREAS, the reintroduction of rail passenger service will
complement the current and planned beautification and revitalization
of both downtown Norfolk and the Oceanfront where the rail transit lines
can be coordinated with existing transit systems; and
WHEREAS, the rail system envisioned for this area can be very cost
effective because of the use of existing Norfolk-Southern lines, at
grade crossings, existing feeder services at both ends, and continued
freight operations; and
WHEREAS, the Tidewater Transportation District Commission has
endorsed the continued development of the study through adoption of
the Action Plan which sets forth eleven tasks for completion to carry
on with the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, THAT:
Council endorses the concept presented by the Tidewater Transportation
District Commission for the continued development of the study to
restore rail passenger service between Virginia Beach and Norfolk, and
further requests the Commission to incorporate the project tasks into
the regional transportation and comprehensive plans and to present to
this Council a request for funding for local support of the cost of
proceeding with the Study.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH - AUGUST 27, 1984
- 19 -
Item 11-1.2
ORDINANCE
ITEM fI 22418
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED an Ordinance to amend and reordain Section 33-6 of the Code of the
City of Virginia Beach, Virginia, pertaining to sales conducted on or ad-
jacent to public right-of-way. (PEDDLERS).
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 19a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 33-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SALES CONDUCTED ON OR ADJACENT TO
PUBLIC RIGHT-OF-WAY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 33-6 of the Code of the City of Virginia
Beach, Virginia, pertaining to sales conducted on or adjacent to
public right-of-way, is hereby amended and reordained as
follows:
Section 33-6.
Sales conducted on or adjacent to the public
right-of-way.
For purposes of this section only, "sale or exchange" shall
be defined as the advertising, displaying, offering or exchanging
for value of the below-mentioned items.
The sale or exchange of any item, including, but not limited
to, any and all goods, wares, flowers, prepared or unprepared
food or any other product by any person from any temporary
structure including but not limited to any table or stand, or
from any motor vehicle, trailer, cart, dray, wagon, pushcart or
any hand or peddle-propelled vehicle shall be subject to the
following regulations:
( a)
Sales conducted in the public right-of-way.
( 1 )
No such sale or exchange shall be made in any
street or public right-of-way along any street for which the
posted speed limit is greater than twenty-five (25) miles per
hour, nor shall such sale or exchange be made in any street or
public right-of-way within twenty-five feet (25') of any
intersection.
( 2 )
No person conducting such sale or exchange in any
street or public right-of-way may remain within anyone block
area for more that fifteen (15) minutes before moving to another
block.
Additionally, such sale or exchange may not be repeated
in the same block within any eight (8) hour period.
A block
shall be understood to mean a section of a street between its
intersection with two (2) adjoining streets, or a section of
street five hundred feet (500') in length, whichever is shorter.
August 27, 1984
- 19b -
( 3 )
The provisions of subsection (a) hereof shall not
apply to such sales or exchanges conducted on the premises of the
Virginia Beach Farmers Market.
(b)
Sales conducted on private property adjacent to the
public right-of-way.
Persons conducting a sale or exchange of the type
described in this section on private property, and persons
allowing their private property to be used for such sales or
exchanges, shall be subject to the following regulations:
(1 )
No sale or exchange shall take place or be
conducted, and no structure used for such sale or exchange shall
be located, within fifty feet (50') of the closest edge of the
nearest sidewalk pavement, or street pavement if there is no
sidewalk, of any public right-of-way.
( 2 )
The person conducting the sale or exchange shall
have obtained written permission to conduct such activity from
the owner of the property involved, and shall have also obtained
from such owner exclusive control over any area of the property,
within the allowed area, sufficient to ensure that there is
adequate space for the safe circulation of traffic, such area
shall not be less than eight hundred (800) square feet.
The
person conducting the sale or exchange shall not allow any other
activity to be conducted within this minimal eight hundred (800)
square foot area.
( 3 )
Such sales or exchanges shall not be conducted on
or from vacant lots.
( 4 )
Before any person may conduct such sale or
exchange, such person must have provided to and have had approved
by the department of permits and inspections a plat or site plan
identifying the location of the property on which the activity is
to be conducted and showing the location of the structure from
which the sale or exchange activity will occur, the area under
the control of such person, and provisions for well-defined
vehicular entrances and exits.
Such plat or site plan shall be
accompanied by a nonrefundable fee of twenty-five dollars
-2-
August 27, 1984
- 19c -
($25.00) for processing.
After review and approval of such plat
or site plan by the department of permits and inspections,
application shall be made to the city manager or his designee for
a permit to engage in the activities covered by this section, in
accordance with this section and the approved plat or site plan.
Such application shall state the name, address and telephone
number of the person or persons conducting the activity, the days
and hours of operation, and shall include evidence of the
property owner's permission to so use the property, as required
above, as well as a copy of the approved plat or site plan.
A
copy of the permit issued by the city manager or his designee as
well as a copy of the approved plat or site plan and the written
permission of the property owner shall be kept at the site of the
activity.
Such permit must be obtained before a business license
for such activity may be issued, and shall be renewed annually
prior to the renewal of any business license.
( 5 )
The requirements of subsection (b) hereof shall
not apply to outdoor sales and exchanges which occur as an
incidental part of the retail sales activity of a merchant
regularly conducting business from a permanent building where
such sales are conducted on the premises of the building and in
close proximity to said building¡ nor shall they apply to the
otherwise lawful sale of market produce and related items from
the site on which they are grown¡ nor to garage sales in
residential areas.
( 6 )
Nothing herein shall exempt any person conducting
a sale or exchange of the type described herein from the
requirements of the comprehensive zoning ordinance or any other
applicable provision of the law.
(7 )
A person who obtains a permit pursuant to
subsection (4) above shall be allowed one sign which shall be
permanently attached to a motor vehicle and which shall not
exceed ten (10) square feet in size.
August 27, 1984
-3-
- 19d -
(c)
Compliance.
Every person who obtains a permit under the
requirements of this section shall keep the permit, approved plat
or site plan and written permission of the property owner in a
convenient ~~ð~ place and whenever requested to do so, shall
exhibit the same to any police officer, agent of the commissioner
of revenue or inspector for the department of permits and
inspections.
Violation of any of the requirements of this
section shall constitute a Class 1 misdemeanor.
The city manager
or his designee shall revoke the permit issued to any person
pursuant to subsection (b)(4) upon his conviction of violating
any of the provisions of this section.
ADOPTED:
August 27, 1984
CMS/da
8/22/84
(G)
August 27, 1984
-4-
- 20 -
Item II-J.
CONSENT AGENDA
ITEM If 22419
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, and ~; ,",II ~
10 of the CONSENT AGENDA.
Ann Joyce, resident of the Oceana Community, spoke concerning Item No.3
She registered opposition to the Oceana Community being removed from its
status as a portion of the Atlantic Park target neighborhood.
Larry L. and Kathryn Reiter were in attendance to respond to any questions
concerning Item No.7.
Voting:
10-0
'< '
Council Members Voting Aye:' '
I ~
.,
i
'1 "
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 21 -
Item II-J.1
CONSENT AGENDA
ITEM II 22420
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED a Resolution of Appreciation to:
W. H. KITCHIN, III
COUNCIL MEMBER 1980-1984
(Virginia Beach Borough)
Voting:
10-0
,]. "
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 21a -
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August 27, 1984
RESOLUTION
IN
APPRECIATION
WHEREAS: The City Council regularly assembles to
deliberate upon the affairs of business, legislation and City
policy, they are aware of the many facets of municipal govern-
ment which must be coordinated for the necessities and com-
forts of its citizens. Therefore, on this Twenty-Seventh day
of August, Nineteen Hundred Eighty-Four, the Virginia Beach
City Council, as a part of its regular proceedings, expresses
by unanimous vote its gratitude to:
W. H. KITCHIN III
for the public service he has rendered during his term of
office, for his unrelenting effort to achieve the highest
level of fiscal management, for his diligence in promoting the
principles of good land use planning, for his tenacity in pur-
suing those matters related to the Council-Manager form of
government and for his dedication to the American system of
municipal government in which people remain supreme.
WHEREAS: Butch Kitchin is a life long resident of
Virginia Beach, he has served his community in a wide variety
of professions from serving as a lifeguard to supervisor of
the Beach Service and then managing it. He played football
and ran track in high school, served as President of Virginia
Beach Junior High School PTA and taught for six years in the
City's school system after graduation from William and Mary
where he met and married Jan and they now have three daughters
in the school system. He was Founder and President of the Old
Beach Civic Association, participated in "Virginia Beach
Tomorrow" Brookings Institute Study, served on the Mayor's
Fact Finding Study Group on Camp Pendleton' Public Access, was
Vice Chairman of the City's Housing Board of Appeals, a
charter member of the Virginia Beach Maritime Museum, was a
city employee in the Virginia Beach Planning Department 1962-
63 and elected the Beach Borough Council representative 1980-
1984, where he gave of himself diligently and with integrity.
NOW, THEREFORE, BE IT RESOLVED: That
tion of Appreciation be spread upon the Minutes
Session of the Virginia Beach City Council with
for presentation.
this Resolu-
of this Regular
a copy framed
Given under my hand and seal,
Mayor
- 22 -
Item II-J.2
CONSENT AGENDA
ITEM fI 22421
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED a Resolution amending TRAVEL REGULATIONS for the City
of Virginia Beach.
III. GENERAL POLICY
A.
Travel on city business includes trips within and outside of
the city to conferences, conventions, workshops, seminars,
educational and training courses (including those approved by
the Training Committee) forums and other city related busi-
ness meetings. Justifiable expenses related to such travel
are described in Section IV of this regulation. A~eeftd6ftee
6~-6ft-Ötl~-öf-8~6~e-eöftfefeftee.-eee7.-by-membef8-öf-~~e-6i~y
6ötlftei~-i8-~imi~ed-~ö-~wö-membef8-*~he-M6yöf.-Öf-~i8-de8igftee
6ftd-6ft-6ddi~ieft6~-membef-öf-6ötlftei~t.-tlft~e88-6þþföved-by-6ötlftei~.
Voting:
10-0
Council Members Voting Aye:
.8
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
,
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 22a -
RES 0 L UTI 0 N
WHEREAS, the Council of the City of Virginia Beach
has reviewed the Official Travel Regulations for the City; and
WHEREAS, the Council of the City of Virginia Beach
is of the opinion that certain changes should be made concerning
these regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the attached Official Travel Regulations
(Exhibit A) are hereby incorporated by reference and are approved
and adopted.
Any travel regulations that are inconsistent with
those set forth in Exhibit A are hereby repealed.
This resolution shall be effective from date of
adoption.
ADOPTED:
August 27, 1984
JDB:er
8-22-84
August 27, 1984
- 22b-
OFFICIAL TRAVEL REGULATIONS
EXHIBIT A
1.
PURPOSE
Stated herein are the City's policy and the necessary rules
and regulations for payment of expenses incurred while City
employees, members of the City Council, and appointees of the
City Council are traveling on City business. It is the
intent of this policy to assure fair and equitable treatment
to all individuals traveling on City business at City
expense. It is the purpose of these regulations to provide a
reasonable and systematic means by which the cost of travel
may be estimated for budget preparation and controlled for
purposes of economy. Should these regulations conflict with
travel policy under either partially or fully funded State
and/or National grants, then State or National regulations
shall apply.
II.
DEFINITIONS
A.
Authorized Trips - Travel on City business for which
funds have been approved by the City Council and/or the
City Manager in the budget process or have been given
special consideration by the Training Committee.
B.
Travel Advance - Money given in advance of travel when
the estimated expenses are to be more than $50.00.
C.
Authorized Signature Those individuals with the
authority to permit travel on City business. On
official travel forms, authorized signatures include the
department head or representative in the case of the
Training Committee, the Personnel Director or
representative.
D.
Travel Expense Reimbursement Voucher CD.F. 8-4) - The
form prepared by the traveler upon conclusion of the
authorized trip for reimbursement of travel expenses.
E.
Official Mileage Chart CD.F. 55) - The form prepared by
the traveler for reimbursement of official travel in
personal car.
F.
Travel Advance Form CD.F. 5-5) - A vendor's invoice
prepared by the traveler and indicating the destination,
date and amount needed for travel.
G.
Traveler - The individual representing the City on an
authorized trip.
- 22c -
III. GENERAL POLICY
--..
......
IV.
...
-
A.
Travel on City business includes trips within and
outside of the City to conferences, conventions,
workshops, seminars, educational and training courses
(including those approved by the Training Committee),
forums and other City related business meetings.
Justifiable expenses related to such travel are
described in Section IV of this regulation. ~ttcHàaRCc
at an out of otatc conferencc, ct. BY æeæ13ero of tHO
.city Council io liæited to t'.JO æeæbero (the Mayor, or
his dcoigRcc QRà an additional æeæBer of CoHHcil),
tlnlcB~ appro.cd by Council.
B.
All travel authorizations, advances and reimbursements
shall be made only on the authorization of the City
Council, City Manager or the department head or his/her
duly authorized representative.
Claims for reimbursement must be presented to the
Department of Finance on the standard Travel Expense
Reimbursement Voucher properly signed by a person
authorized to approve expenditure documents and the
traveler.
C.
Employees authorized to travel may secure an advance of
funds to cover the cost of travel. All travel advances
should be presented to the Finance Director's office not
more than fifteen (15) days or less than seven (7) days
before the start of travel in order to allow adequate
time for preparation of finances.
D.
It is the responsibility of the traveler to prepare the
Travel Expense Reimbursement Voucher for expenses
incurred. It is also the traveler's responsibility to
file the travel voucher and receipts with the Director
of Finance no later than 30 days from the date of
returning from the trip. If reimbursement is claimed
later than 30 days, it may be disallowed, unless
previous authorization has been given by the Finance
Department.
E.
Any expense considered excessive will be disallowed.
JUSTIFIABLE EXPENSES
A.
Transportation
1.
In general, the City will reimburse for travel the
coach airfare when available or the current mileage
rate, not to exceed the cost of coach airfare.
1
- 22e -
IV.
JUSTIFIABLE EXPENSES (Continued)
B.
C.
3.
Related Transportation Costs
a.
Taxicabs, public conveyance and limousine fare,
including tips, will be allowed if travel by
such means is necessary. All such expenses must
be justified and explained in the Travel Expense
Reimbursement Voucher.
b.
Ferry fares, road and bridge tolls, and parking
charges are reimbursable items. Receipts should
accompany these expenses and are required for
any parking expenses.
c.
If a rental car is necessary, the most
economical model should be selected and all
receipts should accompany the Travel Expense
Reimbursement Voucher.
Lodgings
1.
Expenditures for lodgings must be reasonable. It is
recognized that expenditures will vary by geographic
locations; the City shall pay the prevailing single
room rate per employee at the place of lodging.
2.
When two or more employees of the same sex are
attending the same event, the sharing of quarters is
encouraged. \vhen quarters are shared, the double
room rate will be reimbursed.
3.
Hotel accommodations, or other travel expenses,
should not be charged directly to the City of
Virginia Beach. Instead, the cost of lodging must
be substantiated by paid bills for purposes of
reimbursement.
Meals
1.
Expenditures for meals must be reasonable. It is
recognized that expenditures will vary by geographic
locations; however, if the expenditure is considered
excessive, the Travel Expense Reimbursement Voucher
will be adjusted.
2.
The City discourages the practice of requesting
reimbursements for noon meals within the City
limits.
- 22f -
IV.
JUSTIFIABLE EXPENSES (Concluded)
D.
E.
Other Travel Expenses
1.
Tips are considered as a proper item of traveling
expenses, provided the amounts are in proportion to
the services rendered. They should be listed
separately on the Travel Expense Reimbursement
Voucher.
2.
For registration fees for conferences, conventions,
seminars, banquets, etc., which require payment in
advance, a Vendor's Invoice with a proper
registration form stating the amount of the fee must
be presented to the Finance Department at least two
weeks in advance of the conference. If possible,
upon return from the conference, a receipt for the
registration fee should accompany the Travel Expense
Reimbursement Voucher. If the registration fees are
paid at the conference, then a receipt is required
for reimbursement.
3.
Long distance telephone or telegraph charges will be
reimbursed if related to City business only. The
points and parties between which the calls were made
or the wires sent must be stated on the voucher
together with the reason therefor. In addition, a
City of Virginia Beach Long Distance Telephone Memo
should be completed for all long distance calls.
Non-Reimbursable Items
1.
Personal expenses, such as: telephone calls,
haircuts, valet, laundry, beauty parlor, and room
service are not reimbursable.
2.
Self entertainment acti vi ties such as: paid TV,
movies, night clubs, health clubs, dinner theatres,
bowling, etc., are not reimbursable.
3.
No traveler shall be allowed either
transportation expenses when he/she is
by another traveler who is entitled to
transportation expenses.
mileage or
transported
mileage or
4.
No travel insurance premiums will be paid by the
City.
5.
The cost of travelers checks or money orders is not
a reimbursable item.
6.
Loss of funds or personal belongings while traveling
is the responsibility of the traveler and will not
be reimbursed.
- 23 -
Item II-J.3
CONSENT AGENDA
ITEM fI 22422
Ann Joyce, resident of the Oceana Community, spoke concerning this item.
She registered opposition to the Oceana Community being removed from its
status as a portion of the Atlantic Park Target Neighborhood.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED a Resolution to re-define the boundaries of the ATLANTIC
PARK COMMUNITY DEVELOPMENT TARGET NEIGHBORHOOD. This Resolution deleted
the Oceana Community from the Atlantic Park Target Area.
. .
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 23a -
A RESOLUTION TO RE-DEFINE
THE BOUNDARIES OF THE ATLANTIC PARK
COMMUNITY DEVELOPMENT TARGET NEIGHBORHOOD
WHEREAS, there is Federal assistance available for the support of
Community Development and Housing activities directed toward specific
objectives such as the e1 imination of the deteriorated conditions in
low and moderate income neighborhoods; and
WHEREAS, the City of Virginia Beach has designated twelve low and
moderate income neighborhoods to be e1 igib1e for Federal assistance for
Community Development and Housing activities; and
WHEREAS, the targeted neighborhood designated as Atlantic Park
includes a large portion of another neighborhood know as Oceana; and
WHEREAS, residents of the Oceana Community have petitioned the
City Council and the Housing and Community Development Citizen Advisory
Committee to have their community removed from its status as a portion
of the Atlantic Park target neighborhood; and
WHEREAS, the Housing and Community Development Citizen Advisory
Committee passed a Resolution on June 20, 1984, approving the deletion
of the Oceana Community from the Atlantic Park target area and inviting
the Oceana Community to petition the Citizen Advisory Committee and the
City Council to be designated a community e1 igib1e for Federal assistance
if a majority of its residents request this action; and
WHEREAS, the staff of the Department of Housing and Community
Development have designated new boundaries for the Atlantic Park target
neighborhood based on records of the Oceana Civic League and the Atlantic
Park - Seatack Civic League and based on information provided by community
leaders in both neighborhoods; and
WHEREAS, the attached map, hereby incorporated by reference, esta-
b1ishes the new boundaries of the Atlantic Park neighborhood.
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 provide
such information to the Department of Housing and Community Development
as may be necessary to revise the number and the location of households
e1 igib1e for Federal Community Development Block Grant assistance to
August 27, 1984
- 23b -
targeted neighborhoods.
BE IT FURlliER RESOLVED that the attached map, hereby incorporated
by reference, establishes the new boundaries of the Atlantic Park Comnunity
DeveloIJIlent Target Neighborhood.
Adopted by the Council of the City of Virginia Beach, Virginia,
on this ..E..... day of
August
,1984.
Approved as to content:
~jJ~
P of Housing
Comnuni y DeveloIJIlent
Approved as to form:
~s.
City AttO:::¡
August 27, 1984
- 23c
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- 24 -
Item II-J.4
CONSENT AGENDA
ITEM fI 22423
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer $7,200 within the JOBS BILL
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., Robert G.
Jones, Vice Mayor Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Louis R. Jones
August 27, 1984
- 24 a -
AN ORDINANCE TO TRANSFER
$7,200 WITHIN THE JOBS BILL PROGRAM
WHEREAS, the City has received funds from the U. S. Department of
Housing and Urban Development under the Emergency Jobs Bill of 1983 (P.L.
98-8); and
WHEREAS, the Department of Housing and Community Development has
identified the need for a clerical position for the Jobs Bill Program; and
WHEREAS, funds are available in the Burton Station Temporary Street
Repairs project as well as in the completed Tidewater Builders Association
Building Maintenance Preapprenticeship program; and
WHEREAS, the use of these funds will not affect the completion of
the Burton Station project; and
WHEREAS, the addition of these funds to administration will not ex-
ceed the allowed 20% for that purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that a transfer of appropriations in the amount of $7,200
be made within the Jobs Bill Budget as follows:
Burton Station Temporary Street
Repa i rs
Transfer To Transfer From
$1 ,783
$5,417
$7,200
$7,200 $7,200
Tidewater Builders Association-
Building Maintenance
Jobs Bill Administration
Total Transfer
Adopted by the Council of the City of Virginia Beach on the
27
day of
August
, 1984.
August 27, 1984
- 25 -
Item II-J. 5
CONSENT AGENDA
ITEM II 22424
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to accept a grant and
appropriate $13,977.00 from the DEPARTMENT OF CRIMINAL JUSTICE SERVICES.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 25a -
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $13,977.00 FROM THE
DEPARTMENT OF CRIMINAL JUSTICE
SERVICES AND TO APPROPRIATE THESE
FUNDS.
WHEREAS, the City Council ia intereated in improving
services to delinquent children and reducing juvenile delinquency
within the City of Virginia Beach and the Statel and
WHEREAS, a grant totaling $13,977.00 from the Virginia
Department of Criminal Justice Services is available for these
purposes; and
WHEREAS, no local funds are required; and
WHEREAS, the City of Virginia Beach is interested in
acting as the grantee/sponsor for the Partners in Aftercare
program which was begun as a volunteer program in the Court Services
Unit.
NOW, THEREFORE, BE IT ORDAINED BY THF COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds from the above grant be accepted and
$13,977.00 be appropriated to carry out the program a8 follows:
Court Service unit
Partners in Aftercare Program
$13,977.00
BE IT FURTHER ORDAINED that estimated revenue from the
Federal Government be increased by $13,977.00 to finance the
appropriation.
This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach on
the
27
day of
August
, 1984.
SECOND READING:
August 20. 1984
August 27. 1984
FIRST READING:
.' ..
..
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. .
. - _. - '
August 27, 1984
- 26 -
Item II-J. 6
CONSENT AGENDA
ITEM II 22425
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council APPROVED an Ordinance, on FIRST READING, to accept grants and
appropriate $231,220 from State aid and $5,739 from Federal aid to
PUBLIC LIBRARIES
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
Augus t 27, 1984
-, 2óa -
AN ORDINANCE TO ACCEPT GRANTS
OF $231,220 FROM STATE AID TO
PUBLIC LIBRARIES AND $5,739
FROM FEDERAL AID TO PUBLIC
LIBRARIES AND TO APPROPRIATE
THESE FUNDS
WHEREAS, City Council is interested in enhancing the
quality of service provided by our Public Libraries, and
WHEREAS, grants of $231,220 from State Aid to Public
Libraries and $5,739 from Federal Aid to Public Libraries
are available for this purpose, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the above two grants be accepted
and funds of $236,959 be appropriated to the Department of
Public Libraries for the FY 85 Operating Budget as follows:
Total
$ 25,659
107,957
1,509
38,180
63,654
$236,959
Contractual Services
Books and Subscriptions
Library and Other Supplies
Furniture and Fixtures
Data Processing Equipment
BE IT FURTHER ORDAINED that Estimated Revenues from
the Commonwealth of Virginia be increased by $231,220 and
Estimated Revenues from the Federal Government be increased
by $5,739 to finance the appropriations.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on the
day of
, 19
FIRST READING:
August 27, 1984
SECOND READING:
" "
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August 27, 1984
- 27 -
Item II-J. 7
CONSENT AGENDA
ITEM If 22426
Larry L. and Kathryn Reiter were in attendance to respond
to any questions
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance appointing viewers in the petition of Larry L. and Kathryn
Reiter for the closure of a portion of old Holland Road (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., Robert G.
Jones, Vice Mayor Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 27a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Mr. and Mrs. Reiter has given due and proper
notice, in accordance with the statutes for such cases made
and provided that they will on the ~ day of c~j
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 hereinafter described portion of that certain street
of variable width, and has 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
Da~id 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:
August 27, 1984
- 27b -
Old Holland Road beginning at a point at the North
West corner of Lot 29, Block E, Section l, Part Two
Windsor Oaks West said point being the intersection
of the said Lot 29 and the northern corner of the
.03 acres shown on that exhibit entitled property
to be acquired by Larry L. and Kathryn A. Reiter from
the City of Virginia Beach, from said point of begin-
ning running S62°39'38"E along the southern property
line of the said Lot 29, a distance of 38.92 feet to
a point, thence S62°39'38"E a distance of 89.27 feet
along the southern property line of Lot 29 to a point,
thence running S28°33'56"W a distance of approximately
67 feet to a point thence turning and running in a
westerly direction along the southern edge of Old
Holland Road a distance of approximately l28 feet to
a point thence running N2l015'22"E 66.72 feet to the
point of beginning.
All the above as shown upon that certain Exhibit entitled
"Exhibit Showing a Portion of Old Holland Road to be Closed for
Larry L. and Kathryn Reiter, Virginia Beach, Virginia," which
exhibit is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed street.
August 27, 1984
- 27c
I [\f '.I'llI': iv1A'L".L'EIZ DE' CLœJINC, VACNI'ING AND
DISCONTINUING A POI\'1'JON OF TIIAT CrŒ,'J'AIN
:)'I'J\I':F:'1' OF' ViìlUABLJ': \'HI),J'll, I\NO\\I!\I AS "OLD
iIOT.I.7\ND J\()AD", TIE; ~;IJOhIN UI)ON 'J'Ill\'I' Clm.TT\IN
1':;:IIII~1 'I' I-:I\I'I'J'I'LI-:I) "l)I,I) Ilt:I,L/\NIJ IW/\IJ" 1 :;IIOV,.JINC
j'IZIJI'¡':I:'L'Y '.1'0 1m /\COUIl\I':\J 1-'1\O¡Vj TIll': CI'J'Y OF
\lll~CJl\IIA !H';/\Cl.l, VJIZCJNJ/ì BY LAIUZ'{ .1.. l\ND
FF\'J'!IrnrN rn':I'I'ET\, \'ilTIC¡1 l;;;,(¡nnIT I:; l\'j"J'AC1ŒD
IIE1Œ;'J'O .
I' ],; 'I' I 'I' \ 0 N
, .,., .... , .' ,m .....
TO:
'l'I'!E M/\ YOH iìND 'J'11E MI;;[V'1l3Ims OF THE COUNCIL
OF 'J'In;: c:r'L'Y Of VJ!\CINI/\ BEACH, VIEGINIA
YOUJ: IJl~L:.i.l_.i.UJ1Cr~.;, L¿trry L. ncit~r and Kathryn H.eiter,
respectfully represent as follows:
1.
That pun;udllt to I:.hc provisions of §15.1-364 of the
1950 Code of Virginia, as amended, the petitioners apply for the
VéìcaU.nC], closing uncI discontinuance of a portion of that cerle,in
street" which is more specifically described as follows:
OJd Holland Road beginning at a point at the North West
corner of Lot 29, Block E, Section 1, Part Two Windsor Oaks
West said point being the intersection of the said Lot 29
and the northern corner of the .03 acres shown on that
exhibit entitled property to be acquired by Larry L.
and Kathryn A. Reiter from the City of Virginia Beach,
from said point of beginning running S62039'38"E along
the southern property line of the said Lot 29 a distance
of 38.92 feet to a point, thence S62039'38"E a distance
of 89.27 feet along the Southeón property line of Lot 29
to a point, thence running S28 33'56"\\1 a distance of
approximately 67 feet to a point thence turning and running
in a westerly direction along the Southern edge of Old
Holland Road a distance of approximately 128 feet to a
point thence running N21015'22"E 66.72 feet to the point
of beginning.
Said parcel of land being a portion of Old Holland Road
and designated as "OLD HOLLAND ROAD" as shown on that certain
exhibit entitled "PLAN SHOWING PROPERTY TO BE ACQUIRED FROM THL
CITY OF VIRGINIA BEACH, VIRGINIA, BY LARRY L. REITER AND KATHRYN
REITER", dated May 3, 1984, made by Talbot and Associates, Ltd.
- 27d -
which plan is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed
street.
2.
The Petitioners also request that the parcel south of
Old Holland Road and any portion of Old Holland Road not accruing
to the Petitioners upon the closing of the street as shown on the
above-mentioned plan, be declared excess and of no useful purpose
to the city of Virginia Beach, Virginia, and sold to the
Petitioners.
3.
That no inconvenience will result to any persons by
reason of said closing, vacation and discontinuance of said
street, or by reason of the determination that said parcel is
excess or of no useful purpose to the City of Virginia Beach; and
the Petitioners pray that thi~ Honorable Council appoint viewers
as provided by law to view said platted street proposed to be
closed, and to report in writing to the Councilor or before the
day of
, 1984, as to whether, in the opinion ~f
the Viewers, any inconvenience would result from the
discontinuance and closing of this portion Qf said street.
4.
That on the
15th
day of
August
, 1984, and on the
22nd day of August
, notice of the presenting application was
published in the Beacon, a newspaper of general circulation, in
the City of Virginia Beach, Virginia.
5.
That the fee simple owners of all land along and
August 27, 1984
- 2 -
- 27e -
./
.
adjacent to and affected by said portion of the platted street
are YOLlJ:' pe Li Lj.oners l1erein, Lar.t:'y L. Eei Ler and Kathryn Reiter,
and the City of Virginia Beach.
Respectfully submitted,
LARRY L. REITER and
By:ATÆJj
Ç/' 0 Co ns
Lorin D. Hay, Esquire
4336 Virginia Beach Blvd.
Virginia Beach, VA 23452
(804) 486-6800
- 3 -
August 27, 1984
- 27f -
C~RTIFICATE OF VESTING OF TITLE
I, Lorin D. Hay, attorney for Larry L. Reiter and Kathryn
Reiter, do hereby certify that:
:I. .
1,:1111 em att.orney ell:, law LInd l~cpresent Larry L. Reiter
and Kathryn Reiter, the petitioners.
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 Larry L. Reiter and Kathryn
Reiter and the City of Virginia Beach, the adjacent landowners;
in fee simple.
The said property referred to herein is described as follows:
Old Holland Road beginning at a point at the North West
corner of Lot 29, Block E, beetion 1, Part Two Windsor
Oaks West said point being the intersection of the said
Lot 29 and the northern corner of the .03 acres shown on that
exhibit entitled property to be acquired by Larry L. and
Kathryn A. Reiter from the Cit~ of Virginia Beach, from said
point of beginning running 862 39'38"E along the southern
property line of the said Lot 29, a distance of 38.92 feet to
a point, thence S62o39'38"E a distance of 89.27 feet along
the southern property line of Lot 29 to a point, thence
running S28o33'56"W a distance of approximately 67 feet
to a point thence turning and running in a westerly direction
along the southern edge of Old Holland Road a distance of
approximately 128 feet to a point thence running N2lol5'22"E
66.72 feet to the point of beginning.
August 27~ 1984
- 28 -
Item II-J.8
CONSENT AGENDA
ITEM II 22427
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
APPROVED Authorization of the publication of a Notice of Public Hearing
for September 10, 1984, for REGANCY APARTMENTS ASSOCIATES LIMITED PARTNERSHIP
(Portsmouth Redevelopment and Housing Authority).
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 29 -
Item II-J. 9
CONSENT AGENDA
ITEM It 22428
Upon motion by Councilman Jennings. seconded by Councilman McCoy, City Council
APPROVED the following State-Local Hospitalization Contracts:
Chesapeake General Hospital
Children's Hospital of the
King's Daughters
Community Mental Health Center
DePaul Hospital
Hampton General Hospital
Humana Hospital - Bayside
Maryview Hospital
Medical College of Virginia
Norfolk Community Hospital
Portsmouth General Hospital
Riverside Hospital
Louise Obici Memorial Hospital
University of Virginia
Walter Reed Memorial
Hospital, Inc.
Virginia Beach Department
of Public Health (CLINIC)
All clinic and emergency room
rates are:
1983-84 1984-85
$298.96 $350.84
367.67 421. 28
264.60 264.28
333.23 365.42
271. 03
252.72 295.69
291.25 335.39
316.19 356.65
251. 63 303.73
289.90 324.88
249.78 275.49
221. 45 261.73
316.19 356.65
221.88 254.89
15.00 15.00
15.00 15.00
Out-Patient
Surgery
$238.57
286.47
248.49
184.30
201.07
228.07
242.52
206.54
187.33
177 .98
173.33
The State pays 75% of the cost, with the municipality paying the remaining
25%.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McC1anan3 J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 27, 1984
- 29a -
City e>£ Virgir1ia Beach
DEPARTMENT OF SOCIAL SERVICES
486- 7223
Mr. Thomas H. Muehlenbeck, City Manager
Municipal Center
Virginia Beach, Virginia 23456
Dear Mr. Muehlenbeck:
3432 VIRGINIA BEACH BOULEVARD
VIRGINIA BEACH, VIRGINIA 23452-4497
August 21 t 1984
We are enclosing SLH contracts for fourteen hospitals and one for Virginia
Beach Department of Public Health and would appreciate your presenting these to
City Council for their approval.
There are still four contracts, General Hospital of Virginia Beach, Lake
Taylor City Hospital, Leigh Memorial Hospital and Norfolk General Hospital that
~ "have not been received as they are still negotiating with the State Department
on a per diem rate.
RA TES AS FOLLOW:
Chesapeake General Hospital
Children's Hospital of the King's Daughters
Community Mental Health Center
DePaul Hospital
Hampton General Hospital
Humana Hospital-Bayside
Maryview Hospital
Medical College of Virginia
Norfolk Community Hospital
Portsmouth General Hospital
Riverside Hospital
Louise Obici Memorial Hospital
University of Virginia
Walter Reed Memorial Hospital, Inc.
Virginia Beach Dept. Public Health (CLINIC)
All clinic and emergency room rates are:
Out-patient
1983-1984 1984-1985 Sur2erv
$298.96 $350.84 $238.57
$367.67 $421.28 $286.47
$264.60 $264.28 -------
$333.23 $365.42 $248.49
------- $271.03 $184.30
$252.72 $295.69 $201.07
$291. 25 $335.39 $228.07
$316.19 $356.65 $242.52
$251.63 $303.73 $206.54
$289.90 $324.88 -------
$249.78 $275.49 $187.33
$221.45 $261. 73 $177.98
$316.19 $356.65 -------
$221. 88 $254.89 $173.33
$ 15.00 $ 15.00 -------
$ 15.00 $ 15.00
Sixty-eight per cent of the daily in-patient rate equals the out-patient
surgery rate.
Please return all copies to us after they have been processed.
......,.. .'
, rõ)~@ill..u~Œ ill
,) W AUG 21 1984
"
FSE/bc
Enclosures: 15
,;
CITY MANAGER
CITY OF VIRGIt"¡IA BEACH
Sin~ Ilzú
(Mr&:5Frances S. ~I
Director
August 27, 1984
- 30 -
Item II-J. 10
CONSENT AGENDA
ITEM II 22429
Upon motion by Councilman Jennings, seconded
ADOPTED an Ordinance authorizing Tax Refunds
upon application of certain persons and upon
Treasurer for payment.
by Councilman McCoy, City Council
in the amount of $1,214.29
certification of the City
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay~
None
Council Members Absent~
Louis R. Jones
August 27, 1984
- 30a -
8/15/84
EMC
FORM NO, C,A, 7
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 E xonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
',",'"
Colonial Mortgage Co of DC 83 RE(2/2) 92801-8 8/4/83 177 . 07
W J & M Gavin 84 RE(1/2) 31040-6 10/25/83 13.00
W J & M Gavin 84 RE(2/2) 31040-6 5/11 /84 13.00
W J & M Ga vi n 83 RE(1/2) 29358-7 10/28/82 11.80
W J & M Gavi n 83 RE(2/2) 29358-7 10/28/82 11.80
W J & M Ga vi n 82 RE(l/2) 28217-1 10/27/81 10.62
W J & M Gavin 82 RE(2/2) 28217-1 10/27/81 10.62
W J & M Gavin 81 RE(1/2) 27372-5 11/13/80 9.68
W J & M Gavin 81 RE(2/2) 27372-5 11 /13/80 9.68
\~ J & ~1 Gavin 84 RE(1/2) 31039-9 10/25/83 60.36
W J & M Gavin 84 RE(2/2) 31039-9 5/10/84 60.36
W J & M Gavin 83 RE(1/2) 29357-8 10/28/82 54.80
W J & M GllV"Ír¡ 83 RE(2/2) 29357-8 10/28/84 54.80
W J & M Gavin 82 RE(1/2) 28216-2 10/27/81 49.32
W J & M Gavin 82 RE(2/2) 28216-2 10/27/81 49.32
W J & M Gavin 81 RE(1/2) 27371-6 11 /13/80 44.88
W J & M Gavin 81 RE(2/2) 273íl-6 11/13/80 44.88
John C & Betty J Saunders 84 PP 133926-8 6/5/84 17.88
Betty J Saunders 84 PP 133860-6 6/5/84 72.78
L r'y W Brewster 84 PP 17581-9 5/16/84 114. 84
J ;s F Bullard 84 PP 20999-9 6/4/84 142.50
0 11d R Thomas 84 PP 151391-6 5/14/84 15.78
S in T Johnson 84 PP 80243-7 5/30/84 125.28
~:t¡911 M & Pauline Gibboney 83 PP 190539-7 2/3/84 25.98
Karen M Hi nk 83 PP 195861-4 5/1/84 13.26
\ (,"lc' ':" ,;
\ 'J, I ' , ; ,
If )\')' ,;~
j.,) , \
'",'",,',',
AUt) 1 7lQ¡\of
Tota 1
1,214.29
[) . ,.oj ii, \,.,' i' LJ'i \IV
This ordinance shall be effective from date of adoption.
The aþove abatement( s) total i ng
$1. 214 . 29 were approved by
the Council of the City of Virginia
Beach on the-.l1- day of Augl,lst_- .
1984
Ruth Hodges Smith
City CierI,
----..----,-----------------..---____.._m.....' - -~..
- 31 -
Item II-J. lOa
APPOINTMENTS
ITEM 11 22430
ADD-ON
Mayor Heischober announced his APPOINTMENT of Councilman Robert E. Fentress
to assist Councilman Robert G. Jones as an AD HOC Council liaison to the
RESORT AREA ADVISORY COMMISSION (Atlantic Avenue Beautification Commission).
August 27, 1984
- 32 -
Item II-J. lOb
APPOINTMENTS
ITEM II 22431
ADD-ON
Mayor Heischober announced his APPOINTMENT of Councilman J. Henry McCoy, Jr.,
D.D.S., to replace Councilman Robert G. Jones as Chairman of the MAYOR'S AD
HOC COMMITTEE ON ROADS, TRAFFIC AND PARKING.
Councilman McCoy will also appoint citizens to this Committee, and after he
has made said apointments will advise the Mayor.
August 27, 1984
- 33 -
Item II-K.1
UNFINISHED BUSINESS
FRANCIS LAND HOUSE
ITEM fI 22432
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED the following Ordinances:
ORDINANCE TO TRANSFER APPROPRIATIONS
FOR IMPROVEMENT TO THE FRANCIS LAND
HOUSE ($58,582)
ORDINANCE AMENDING CHAPTER 2
A NEW SECTION TO THE CODE OF
OF VIRGINIA BEACH, VIRGINIA,
TO THE CREATION OF THE BOARD
OF THE FRANCIS LAND HOUSE
BY ADDING
THE CITY
PERTAINING
OF GOVERNORS
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 27, 1984
- 33a -
AN ORDINANCE TO TRANSFER
APPROPRIATIONS FOR IMPROVEMENT
TO THE FRANCIS LAND HOUSE
WHEREAS. the physical improvements of the Francis Land House
(Rose Hall) have been acknowledged by City Council;
WHEREAS. certain improvements costing $100,582 shall be made
to the Francis Land House;
WHEREAS. $42,000 presently exists in Capital Project fl3-617
Rose Hall Site Improvements for this purpose; and,
WHEREAS, the remaining $58.582 may be transferred from surplus
funds in Project 113-616 City Garage Expansion,
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds in the amount of $58,582 be transferred from
Capital Project 113-616 City Garage Expansion to Project 113-617 Rose Hall
Site Improvements.
Adopted by the Council of the City of Virginia Beach on the
-2~_day of
August
, 19 84.
August 27, 1984
- 33b -
AN ORDINANCE AMENDING CHAPTER 2
BY ADDING A NEW SECTION TO THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO THE CREATION
OF THE BOARD OF GOVERNORS OF THE
FRANCIS LAND HOUSE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 2 of the Code of the City of Virginia Beach,
Virginia, is hereby amended by adding a new section, pertaining to
the creation of the Board of Governors of the Francis Land House,
which shall read as follows:
Creation of the Francis Land House Board of Governors.
(a)
There is hereby created the Francis Land House Board of
Governors which shall consist of no less than eleven (11) nor more
than fifteen (15) members.
The members of the Board shall be appointed
by the City Council for terms of three (3) years~ except the initial
appointments which shall be made for such lesser terms as to provide
staggered expirations thereof.
The Board shall select from its mem-
bership a chairman and vice-chairman.
~)
The Francis Land House Board of Governors shall meet at
least once every quarter and additionally as the Board deems necessary.
The Board shall be responsible for responding to City Council requests
for recommendations of the planning, policy and management of the Francis
Land House.
Adopted this ~day of
August
, 1984~ by the Council
of the City of Virginia Beach, Virginia.
August 27, 1984
- 34 -
Item II K.2.
UNFINISHED BUSINESS
BOND REFERENDUM
ITEM fI 22433
Bruce MaGuire, Deputy Superintendent of the Virginia Beach School Board,
spoke on behalf of the school system referencing the proposed
Bond Referendum for school facilities.
Sheridan Barber, President of the Red Mill Civic Organization, spoke con-
cerning inclusion of a School in the BOND REFERENDUM to be located in the
General Booth Area, and distributed information pertaining to a Red Mill
Farm Elementary School in the CIP (Said information is hereby made a part
of the record).
Rae LeSesne, Treasurer - Council of Civic Organizations, spoke as a tax payer
and resident of the City.
A motion was made by Councilman McCoy, seconded by Councilman Baum,
TO DEFER the BOND REFERENDUM until early 1985.
A SUBSTITUTE MOTION was made by Councilman Robert Jones, seconded by
Councilman Louis Jones, for APPROVAL, on FIRST READING, of the following
Ordinances, authorizing a BOND REFERENDUM for the November 1984 Ballot:
ORDINANCE AUTHORIZING THE ISSUANCE OF STREET AND
HIGHWAY BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT OF $36,000,000
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS.
ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIR-
GINIA, IN THE MAXIMUM AMOUNT OF $14,500,000,
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS.
Voting:
5-6 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McC1anan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
August 27, 1984
- 35 -
Item II-K.2
UNFINISHED BUSINESS
BOND REFERENDUM
ITEM fI 22433 (Continued)
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
DEFERRED until early 1984 FIRST READING of the following Ordinances auth-
orizing a BOND REFERENDUM:
ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL
BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA
IN THE MAXIMUM AMOUNT OF $21,600,000 SUBJECT
TO THE APPROVAL OF THE QUALIFIED VOTERS.
ORDINANCE AUTHORIZING THE ISSUANCE OF STREET
AND HIGHWAY BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
$36,000,000 SUBJECT TO THE APPROVAL OF THE
QUALIFIED VOTERS.
ORDINANCE AUTHORIZING THE ISSUANCE OF WATER
AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT OF $14,500,000,
SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS.
Voting:
6-5 (MAIN MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
August 27, 1984
- 36 -
Item II-K.3
UNFINISHED BUSINESS
ADD-ON
VIOLATION OF RIGHTS/
ROBERT B. ENGESSER, Colonel USMC
ITEM fI 22434
VIOLATION OF RIGHTS of Colonel Robert B. Engesser, USMC, is hereby made
a part of the record.
Mr. Engesser wished to speak first on an item which was DEFERRED (Item
II-H.6 - W. W. Reasor Enterprises) and then a matter not on the Agenda.
Mr. Engesser was invited by the Mayor to return September 10, 1984, when
the above matter will be heard.
August 27, 1984
- 37 -
Item II-L.1
RESOLUTION/
PRIVATE ACTIVITY BOND LIMIT
ITEM If 22435
Robert Berry, Chairman of the Virginia Beach Development Authority
James DeBellis, Director of Economic Development
Harold Gallup, Director of Industrial Development
Frederick W. Twyman, Chairman of the Legal Committee of the Virginia Beach
Development Authority
Charles Sallé, Assistant City Attorney
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED the following Resolution:
RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, DELEGATING TO THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THE POWER TO ALLOCATE
THE CITY'S "PRIVATE ACTIVITY BOND LIMIT"
AND, APPROVED as submitted, the "Policy and Criteria
for Industrial Revenue Bond Financing; the "Economic
Impact for Bond Allocation Review"; and, the "Action
Calendar for Industrial Revenue Bonds".
Voting:
6-5*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jennings, Louis R. Jones,
Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
*Due to a malfunction of the VOTING MACHINE, the vote was taken VERBALLY.
August 27, 1984
- 37a -
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, DELEGATING
TO THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY THE POWER TO ALLOCATE THE CITY'S
"PRIVATE ACTIVITY BOND LIMIT"
WHEREAS, Section 103(n) of the Internal Revenue Code of
1954, as amended (the Code), as presently implemented in the
Commonwealth of Virginia by Executive Order Number 50(84) of the
Governor of Virginia, dated July 31, 1984 (the Order), permits the
Counties and Cities of Virginia to allocate their respective
"private activity bond limits" to "private activity bonds" issued
by "issuing authorities" for projects within their respective
jurisdictions, in order to assure exemption from Federal income
taxation of interest on such "private activity bonds"¡ and
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), is the only "issuing authority" unconditionally
empowered to issue "private activity bonds" for projects located
within the City of Virginia Beach, Virginia (the City)¡ and
WHEREAS, the City Council of the City of Virginia Beach,
Virginia (the Council), deems it appropriate to delegate to the
Authority the power to make allocations of the City's "private
activity bond limit" under the Code and the Order to "private
activity bonds" issued by the Authority to finance projects located
within the City¡
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1.
The City Council of the City of Virginia Beach,
Virginia, hereby delegates to the Authority, the power to make
allocations of the "private activity bond limit" available to the
City under Section 103(n) of the Internal Revenue Code of 1954, as
amended, and the Order to "private activity bonds" issued to
finance projects located within the City.
2.
The power of allocation delegated hereby shall
include both (i) the power to allocate the "Local Allocation" of
the City referred to in Section C.1. of the Order and (ii) the
August 27, 1984
- 37b -
power to specify those projects for which allocation from the
"State Reserve" referred to in Section C.3. thereof shall be
requested by the City.
The Authority is hereby appointed the
"authorized representative" of the Council for purposes of filing
all applications and other documents necessary or appropriate under
the Order to obtain any requested allocation from the "State
Reserve."
3.
The Council, its officers, the officers of the City,
the Authority and the officers of the Authority shall cooperate in
complying with the requirements of Section 103(n) of the Code (and
any implementing Treasury Regulations, whether temporary or final)
and the Order, to the end that there shall be allocated to all
"private activity bonds" issued by the Authority to finance
projects located within the City and which the Authority deems
worthy, sufficient "private activity bond limit" to assure
exemption of the interest on the bonds from Federal income
taxation.
4.
This Resolution shall take effect immediately upon
its adoption.
Adopted this
27
day of
August
, 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/da
4
8/23/84
August 27~ 1984
-2-
- 37c -
1.
Purpose
The purpose and objective of industrial revenue bonds is to
stimulate industrial and economic development that is
compatible with the various economies of the city.
The
creation and retention of jobs, real estate taxes, and
construction activity are the main activities of the program.
This policy has been developed in response to the provisions
of the "Deficit Reduction Act of 1984" and the Internal
Revenue Code of 1954 and as amended.
The Virginia Beach Development Authority has a $21,195,000
allocation through December 31, 1984.
The objective is to
allo~ate all of the allocati~n by October 1, 1984 and to
prepare requests for additional funds from the State's
Reserve Pool for those projects that qualify.
The procedure
for the remainder of 1984 and through 1985 is to use a
quarterly allocation system for industrial revenue bond
financing.
II. Project Categories
The following categories are listed in order of priorities
and the subcategories are listed only in alphabetical order.
Priority 1
Industrial and High Tech Facilities (manufacturing,
production, assembly, warehousing, distribution,
wholesale, transportation, and office) - This listing is
August 27,. 1984
- 37e -
not all inclusive and is used as a reference for the
type of activity found in an industrial and high-tech
facility.
A.
Priority 2
Equipment
B.
Ex is t i 119 f ac il it v
c.
Existing industry
D.
Owner occupied
E.
Pre leased by developer
1;' .
Speculative construction
Hotel and Motel Projects
A.
Equipment
Existing facility
B.
c.
Parking facility
Priority 3
Office Buildings (Marketing, research and development,
corporate headquarters, regional headquarters and
industrial services) - This listing is not all inclusive
but is used as a referen~e for the type of activity
found in an office building.
A.
Equipment
B.
Existing facility
c.
Owner occupied, corporate or regional facility
D.
preleased by the developer
E.
speculative
F.
Tenant improvements
August 27, 1984
- 37f -
Priority 4
Commercial Projects (Shopping centers, professional
offices, marinas, per~onal service establishments, and
veterinary establishments) - This listing is not all
inclusive but is used as a reference for the type of
activity found in a commercial facility.
A.
Equipment
B.
Freestanding retail facility
Tenant improvements
c.
.:
,-
August 27, 1984
- 37g -
ECONOMIC IMPAC'r
FOR
BOND ALLOCATION REVIEW
August 27, 1984
- 37h -
Economic Impact Statement
1.
Amount of investment
2.
Amount of industrial revenue bond financing
sought
3.
Estimated taxable value of the facility's
real property to be constructed in the City
of Virqinia Beach
4.
Estimated real property tax per year using
present tax rate
5.
Estimated personal property tax
6.
Economic impact statement demonstratinq the
Qverall return to the ci~y:
A.
Number of new jobs
B.
Payroll generated $---
Number of jobs retained
Av. Wage $
C.
D.
payroll retained $
Av. Wage $
$-
$-
$
$
$
Estimate of the value ~f goods and services purchased
E.
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type
Value
$-
$
$
$
TOTAL $
August. 27, 1984
~---,
- 37 i -
10.
11.
(;' .
Estimated building permit fee and other municipal
fees
$
$
G.
Estimated construction payroll
H.
Estimated value of construction material
to b(~ purchased within the City of
Virginia Beach
$
I.
Estimated number of construction jobs
J.
Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7.
Is the site currently zoned for the use of being proposed
for industrial revenue bond financing?
No
Yes
8.
Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes
No
9.
Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes
No
Location of project (attach location map)
Explanation of alternative financing that has been
reviewed for project ----
August 27, 1984
- 37 j -
I hereby certify tl1at the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this
190<1.
day of
,
Notary Public
My Commission Expires:
August 27. 1984
- 37k -
ACTION CALENDAR
FOR
INDUSTRIAL REVENUE BONDS
August 27.. 1984
- 371 -
Calendar for 1984 - 1985
A.
1984 industrial revenue bonds will be issued in
accordance with Executive Order 50 from the Governor of
Virginia as executed on ~uly 31, 1984, and any
¿unendlllents thereto.
B.
1985 Calendar
Committee Meeting
.
19th.
IRB allocation
11 th
All previous
allocations closed &
IRB allocations
17th.
IRB allocation
All previous
allocations closed
Reallocation of all
unused allocations
Month
VBDA
City Council
Jan.
Feb.
Mar.
Apr.
9th
15th.
May
.June
July
9th
15th
Alig.
Sept.
Oct.
8th
14th
Nov.
Dec.
6th
Dec.
10th
(Pending CC
meeting)
August 27, 1984
- 38 -
Item II-L.2
NEW BUSINESS
ADD-ON
WHRO-TV ORDINANCE
ITEM fI 22436
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to Transfer Funds of $20,000 from the
General Fund Reserve for Contingencies as a grant to WHRO-TV for the
telecast of the VIRGINIA SYMPHONY CONCERT on October 18, 1984.
The City Manager stated that when these funds were recaptured they would
be made available to the Arts and Humanities for the furtherance of their
activities.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 38a -
AN ORDINANCE TO PROVIDE FUNDS
OF $20,000 TO WHIW-TV TO BE
USED IN TIll. TILECAST OF THE
VIICIIUA SYMPHONY OONCERT
WHIIIAS, the Mozart 'e.tiva1 will feature a concert by the
Virlinia Syaphony at the Virlinia leach Pavilion on October 18,
1984, and
WHEREAS, WHRO-TV he. reque.ted of City Council a ¡rant of
$20,000 to cover the direct out-of-pocket co.t. paid to third
partie. for variou. facilitie., .ervice., and .upplie. needed to
teleca.t the event acro.. the .tate, and
WHEREAS, the telecaat will be the fir.t ..jor .tatevide
"live" broadca.t of a major cultural event and City Council
de.ire. to de.onserate it. c088it88nt to the cultural life of
Virainia Beach.
NOW THEREFORE, BE IT ORDAINED IY THE OOUReIL or TIll CITY OF
VIRGINIA BEACH, VIRGINIA that fund. of $20,000 be tran.ferred
from the General 'und Reaerve for Continaencie. a. a Irant to
WRRO-TV to be used in the televi.ion orilination of the October 18th
Virginia Syaphony Concert fr08 the Virlinia leach 'avilion.
Thi. ordinance ahall be effective fr08 the date of it.
adoption.
Adopted by the Council of the City of Virlinia leach.
Virlinia on
27
de, of Augus t
. 1984.
JCM/ORD/ll
August 27, 1984
- 39 -
Item II-L.3
NEW BUSINESS
ADD-ON
DAM NECK RESIDENTS/
NOISE DISCLOSURE
ITEM /I 22437
Councilwoman Henley referenced residents in the area of DAM NECK being
impacted by the noise and actual vibrations of the guns. Councilwoman
Henley requested that the staff determine what procedure could be used
to communicate with the Board of Realtors to determine if the Board
would broaden their Noise Disclosure in order to provide the same
courtesy to the area around Dam Neck as it provides to the residents
of Oceana.
August 27. 1984
- 40 -
Item II-L.4
NEW BUSINESS
ADD-ON
ACQUISITION POLICY
ITEM fþ 22438
Councilman Baum referenced Residue Parcels and was concerned about the basis
the City utilizes in paying for these properties.
Councilman Baum inquired as to the City's Acquistion Policy concerning same.
August 27, 1984
- 41 -
Item II-M.1
ADJOURNMENT
ITEM If 22439
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council
ADJOURNED the meeting at 10:55 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
~ 0 ;!/~
Beverly. Hooks
Deputy City Clerk
~~~~-
R h Hodges ith, CMC
City Clerk
City of Virginia Beach
Virginia
/bh
August 27, 1984