FEBRUARY 3, 1986 MINUTES
Cit@ C)-f E3@ek@@
"WORLD'S LARGEST RESORT CITY"
Cr7Y COUNCIL
MA YOR HAROLD h7JSCHOBFA A i
VICE,,VA YOR MM S M@CLANAN, P-.. A- @A
.tOBN A. DAUM. Bi.@ @A
NANCY A. CREECH. At @
ROBE2?T E FENTRESS, V@ B-h @k
BA&BARA M @ @ B-"h
H. JACK @LVGS. JR.. L@ @k
LOUIS R. JONM, Bv@ @h
ROBFRT G. JONES. A@ L-19.
J HENRY M@COY, JR.. K-P,@ @k
MEYERA E. OBERN7)ORF' At L-9@ 281 CrrYHAU BUMD@
RU7'H HODGES SMrrH, CMC, Cty Cl-k MUNICMAL CE@
CITY COUNCIL AGENDA VIRGINIA BEACH, VRRGWIA 0"6-om
18041427.4M
February 3, 1986
Virginia Beach City Council
BRIEFING: Personal Property Taxes - Conference Room 12:30 FM
Mr. Robert Vaughan, Commissioner of Revenue
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend William F. Mahon
Charity United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PRESENTATIONS
1. Clean Community Governor's Award
Richard J. Leclaire
2. Resolutions in Recognition:
James E. Snyder
G. MINUTES
1. Motion to accept/approve the Minutes of January 27, 1986.
H. PUBLIC HEARING
Refuse Transfer Station Site
1. PLANNING
1. Application of R. Larry Turner, Pres., Turner & Associates
for a conditional use permit for a day care center located
at the west side of General Booth Boulevard (Princess Anne
Borough).
Recommendation: APPROVAL
2. Application of Property Buyers, Inc. for a conditional use
permit for multi-family dwellings in the C-1 District
located at the south side of 19th Street (Virginia Beach
Borough.
Recommendation: DENIAL
3. Application of Hop-In Food Stores, Inc. for a conditional
use permit for gasoline pumps in conjunction with a
convenience store located at the northeast corner of
Centerville Turnpike and Old Ridge Road (Kempsville
Borough).
Recommendation: DENIAL
4. Ordinance closing, vacating and discontinuing a portion of
Baltic Avenue and Maryland Avenue in the petition of
William L. Freed (Virginia Beach Borough).
Recommendation: Planning Commission - APPROVAL
Viewers - DENIAL
5. Application of Rodney B. and Brenda J. Kellogg for a
variance to Section 4.4 (b) of the Subdivision Ordinance
which requires that lot dimensions conform to the
Comprehensive Zoning Ordinance (Princess Anne Borough).
Recommendation: DENIAL
6. Application of Joseph E. and Susan C. Thain for a change of
zoning from R-7 Residential District to B-4 Resort-
Tom-mercial District located at 312 Winston Salem Avenue
(Virginia Beach Borough).
Recommendation: APPROVAL
7. Application of Fred H. Rosenblm for a change of zoning
from R-8 Residential District to B-2 Community-Business
District located at the southwest corner of Indian River
Road and Ferry Point Road (Kempsville Borough).
Recommendation: DENIAL
8. Application of Four Star Productions for a change of zoning
from R-6 Residential District to B-2 Community-Business
District located at the east side of Newtown Road (Bayside
Borough).
Recommendation: DENIAL
9. Application of David K. Hillquist for a change of zoning
from B-5 Resort-Commercial to H-2 Resort Hotel District
located at the northwest corner of Atlantic Avenue and
Fourth Street (Virginia Beach Borough).
Recommendation: APPROVAL
AND,
Ordinance closiig, vacating and disconti,,iuing a portion of
an A@y between 4th and 5th Streets in the petition of
David K. Hillquist (Virginia Beach Borough).
Recommendation: DENIAL
10. Application of Colcon Development Go., for a change of
zoning from B-3 Central-Business District to B-4 Resort-
Cominercial District located at the south side of Southern
Boulevard (Kempsville Borough).
Recommendation: DENIAL
11. Application of John E. Shomier, Jr. and Erma Young Shomier
for a change of zoning from R-8 Reside,-ltial District to B-2
Comunity-Business District located at 1846 Salem Road
(Kempsville Borou h).
Recommendation: DENIAL
12. Application of City of Virginia Beach to Amend and Reordain
the Compreheusive Zoning Ordinance, Article II, Part C re
PD-H2
Recommendation: APPROVAL
J. RESOLUTION/ORDINANCE
1. Resolution for selection of a Refuse Transfer Station site
recommendation to Southeastern Public Ser-vice Authority
2. Ordinance to authorize acquisition of property in fee
simple for right-of-way for Elbow Road extended (Elmer
Tolle Subdivision) and tbe acquisition of temporary and
permanent easements of right-of-way either by agreement or
by condemnation
Deferred January 21, 1986
3. Isle of Wight County Water Purchase Contract
4. To amend and reordain Section 7-57 of the Code of the City
of Virginia Beach, Virginia, pertaining to riding on the
sidewalk
K. 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.
Richard J. Leclaire
1. Resolutions in Recognition
James E. Snyder
2. Resolution certifying Insurability for City Work in
Virginia Department of Highways and Transportation right-
of-way
3. Ordinance upon FIRST READING to accept and appropriate
$40,272 from State Funding to the Community Services Board
and to establish two positions for a Day Treatment Program
for Emotionally Disturbed Children
4. Ordinance, on SECOND READING, to appropriate $21,160 from
state funding to the Community Services Board In support of
detoxification and rehabilitation services
5. FINAL APPROVAL: Ordinarice closing, vacating and
discontinuing portion of 22nd Street in the petition of
Runnington Investment Corporation (Lynnhaven Borough)
6. Relocation of the Police Firing Range to City owned
property at Creeds Airfield
7. Raffle Permit:
Back Bay Wildfowl Guild, Inc.
Virginia Beach City Union of King's Daughters
8. Ordinance authorizing tax refunds in the amount of
$2,291.44
9. Ordinance authorizing Ucense refunds in the amount of
$7,818.80
L. UNFINISHED BUSINESS
1. Open Space and Recreation Requirements
M. NEW BUSINESS
1. Buffering Standards for Easements
Mr. Roger Huff, City Arborist
2. Interim Financial Statements for the Period of July 1, 1985
through December 31, 1985.
N. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
April 1 Special Session of City Council for
presentation 12: Noon
April 1-16 City Council's review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 22 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC BEARING and FIRST READING
of Appropriation Ordinance
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
PERSONAL PROPERTY TAXES
12:30 P.M.
February 3, 1986
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on February 3, 1986, at 12:30 P.M.
The City Manager introduced Robert Vaughan, Commissioner of Revenue, who
advised the single most important item of taxation included in the category
of tangible personal property is AUTOMOBILES. The City of Virginia Beach
levies personal property taxes against retail va]Lues and all other Hampton
Roads cities levy against loau value of the NATIONAL AUTOMOBILE DEALERS'
ASSOCIATION OFICIAL USED CAR GUIDE, EASTERN REGIONAL DIVISION (Standard
Guide of Assessments and Valuations) . Mr. Vaughan advised it was time to
conform and a rate adjustment would be necessary to accomplish this.
Chespeake, Hampton, Newport News, Norfolk and Portsmouth use the NADA/LV
(Loan Value) as their Source of Asessment/Value as OPPOSED to the City of
Virginia Beach utilizing the NADA/RV (Retail Value). To accomplish this a
rate adjustment will be necesary for the 1986/1987 City Budget.
Mr. Vaughan distributed copies of his letters of October 4, 1985, and
February 3, 1986, "Tangible Personal Property Tax Rates -- Motor Vehicles
Only - All Virginia Cities, Counties and Selected Towns, 1984", and pages
from the NADA illustrating his points. (Said information is hereby made a
part of the record).
There are approximately 200,000 cars and trucks in Virginia Beach and a $10
ERROR could mean a $2 MILLION Tax Deficit.
Mr. Vaughan will return to City Council in April concering the fiscal
impact and a recommendation with respect to automobiles and boats.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 3, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, February 3, 1986, at 1:00 P.M.
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
- 2 -
ITEM # 24883
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara
M. Henley, 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:
Robert E. Fentress and H. Jack Jennings, Jr.
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 3, 1986
2:00 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
February 3, 1986, at 2:00 P.M.
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: Reverend Rudolph Tucker
Tabernacle United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
Item II-A.1
MOMENT OF SILENCE Item # 24884
Mayor Heischober requested all in attendance STAND while Councilman
Jennings requested PRAYERS and a MOMM OF SILENCE in respect to the seven
brave crew members of the CHALLENGEP.
Councilman Jennings advised Astronaut Michael J. Smith was bis former
neighbor in Kings Grant.
- 5 -
Item II-F.1
PRESENTATION ITEM # 24885
Max Gunn, Chairman of the Clean Community Commission accompanied by Rid-It,
the Frog, presented to the City of Virginia Beach:
THE CLEAN COMMUNITY GOVERWR I S AWARD OF EXCELLENCE
Virginia Beach is the only one of six communities in the entire State to
receive this AWARD four times in a row.
6
Item II-F.2a
PRESENTATION ITEM 24886
Mayor Heischober PRESENTED a RESOLUTION IN REOOGNITION:
RI J. LECLAIRE
Robert J. Scott, Director of Planning, ACCEPTED this Resolution as Richard
Leclaire was unable to attend.
This Resolution recognized Mr. LeClaire's dedication and unselfsih service
as a Member of the Planning Commission from January 1, 1982, through
December 31, 1985.
Februar 3 1986
- 7 -
Item II-F.2b
PRESENTATIONS ITEM # 24887
Mayor Reischober PRESENTED aRESOLUTION IN RECOGNITION:
JAMES E. SNYDER
This Resolution recognized the dedication and unselfish service of Mr.
Snyder as a Member of the Planning Commission from January 1, 1978, through
December 31, 1985.
Item II-G.1
MINUTES ITEM 24888
Upon motion by Councilwoman Obendorf, seconded by Councilwoman Creech, City
Council APPROVED the Minutes of January 27, 1986.
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
9
Item II-H.1
PUBLIC HEARING ITEM # 24889
Mayor Heischober DECLARED a PUBLIC HEARING concerning:
REFUSE TRANSFER STATION SI[TE
The City Manager advised of a correction in the information distributed to
City Council concerning the PROPOSED TRANSFER STATION RECOMMENDATION:
6. Owner is willing to sell.
The Owner is no longer in a position of desiring to sell and will speak in
OPPOSITION to CLEVELAND STREET as the proposed site.
Wade Kyle, Director of Solid Wastes, presented via VCR Monitors and Maps
the Staff's evaluation of the four proposed TRANSFER STATION SITES:
CLEVELAND STREET: This is the Staff's Primary Recommendation.
This site is located in the Euclid Industrial Area bounded by the
City's Water Towers to the East, railroad tracks to the South,
industrial uses to the West and Cleveland Street to the North.
The access would be either Witchduck Road and/or the Iudependence
Bouelvard exits. Zoning is B-3 and I-1.
LANDSTOWN ROAD: This is the Staff's Second Priority Site. This
site is bounded by the City of Virginia Beach Public Utilities
and Public Works Fleet Storage Facility. Rosemont Road is to the
East and City owned property surrounds the remaining portion of
the site. It is near the Landstown Road and Princess Anne Road.
Access to this site would be Rosemont Road Improved to Landstown.
Also traffic could come off of Holland Road coming into the site
from Landstown Road and Princess Anne Road. Zoning is R-8 but
has a potential for a Business or Industrial Zoning since the
City Fleet Yard immediately adjacent to it is 1-1.
GREENWICH ROAD: The City Staff's Third Priority. This location
is bounded by the Virginia Beach Norfolk Expressway to the North,
vacant industrial property to the East, Greenwich Road to the
South, and a Lake to the West. Access would primarily be off the
Witchduck Road Interchange onto Greenwich Road and into the site.
Zoning for this site is 1-1. Private development plans have
been announced for this site.
LONDON BRIDGE ROAD/CRUSADER CIRCLE: This is the City Staff's
Fourth Priority. It is located in the Oceana Industrial Park and
bounded by London Bridge Road to the East, an Industrial
Warehouse to the South and to the West and an Industrial Building
to the North. The access for this parcel would be off of London
Bridge Road with a potential to use Crusader's Circle and a
possibility of Transportation Lane. The Zoning for this parcel
is I-1; however, this is within approximately 2 miles of the
existing Transfer Site and could cause some distribution
problems.
February 3, 1986
10 -
Item II-H.1
PUBLIC HEARING ITEM 24889 (Contineud)
The following spoke in OPPOSITION to the four possible @SFER LOCATIONS:
CLEVELAND STREET
Thomas A. Lindsey
W. C. Stebbins
Attorney Glenn Croshaw
Flora Burns
Ed Hanson
Ernest L. Hudson
Beryl Adler
LONDON BRIDGE ROAD/CRUSADER CMCLE
Paul M. Gottal
Harry Purkey, Jr.
Glenn D. Collard
J. Randolph Sutton
Edward Clowes
James G. Kollar
Kelly S. Telford
GREENWICH ROAD
Attorney R. J. Nutter, represented Landmark Communications, William
Freed, Larry Sutton, Alfred Dryfus, Jane Goldman, Mike Wood, and
Mark Slaughter
Tom Lyons
Scott Minner
LANDSTOWN ROAD SITE
Attorney Michael R. Strong
There being no further speakers, the Mayor DECLARED the PUBLIC HEARING
CLOSED.
Item II-I.1
PLANNING ITEM 24890
R. Larry Turner, the applicant, represented himself
Barbara Ferguson, President of the Hunt Club Forest Civic Association,
questioned the use of the property.
Sandra Tainter, Red Mill Farms Civic Association, advised the Association
was not in opposition to the Child Care Center but are strongly opposed
to the property being utilized for anything other than a Church.
A MOTION was made by Vice Mayor McClanan, seconded by Councilman Baum, to
DENY an Ordinance upon application of R. LARRY TURNER, PRESIDENT, TURNEP,
AND ASSOCIATES for a Conditional Use Permit for a day care center located
at the west side of General Booth Boulevard (Princess Anne Borough).
A SUBSTITUTE MOTION was made by Councilman Jennings, seconded by Councilman
McCoy, to ADOPT an Ordinance upon application of R. LARRY TURNER,
PRESIDENT, TURNER & ASSOCIATES for a Conditional Use Permit for a day care
center located at the west side of General Booth Boulevard (Princess Anne
Borough).
Voting: 2-8 (SUBSTITUTE MOTION LOSES TO A NEGATIVE VOTE)
Council Members Voting Aye:
H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Abstaining:
Robert G. Jones
Council Members Absent:
None
- 12 -
Item II-I.1
PLANNING ITEM # 24890 (Continued)
upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council DENIED an Ordinance upon application of R. LARRY TURNER., PRESIDENT
TURNER & ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF R. LARRY TURNER,
PRESIDENT, TURNER & ASSOCIATES FOR A CONDITIONAL
USE PERMIT FOR A DAY CARE CENTER
Ordinance upon application of R. Larry Turner,
President, Turner & Associates for a Conditional
Use Permit for a day care center on certain
property located on the west side of General Booth
Boulevard beginning at a point 450 feet more or
less north of Red Mill Bouelvard. Said parcel
contains 1.25 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor
Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
Robert G. Jones
Council Members Absent:
None
- 13 -
Item II-I.2
PLANNING ITEM # 24891
The City Clerk referenced LCDR Petrie had called and notified of the
OPPOSITION of NAS Oceana, as same was located within the AICUZ Zone.
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of PROPERTY BUYERS, INC.
FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS
Ordinance upon application of Property Buyers,
Inc., for a Conditional Use Permit for a
multi-family dwelling in the C-1 District on
certain property located on the south side of 19th
Street, 330 feet more or less west of Jefferson
Avenue. Said parcel contains 1.817 acres. Plats
with more detailed information are available in the
Department of Planning. VIRGINIA BEACH 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
Februar 3 1986
- 14 -
Item II-I.3
PLANNING ITFM # 24892
Attorney Grover Wright represented the applicant
Jim Tinkham, represented the applicant and William Wood, the owner of the
property
OPPOSITION:
Monte Perau, adjacent resident
Emiliano Labrador, adjacent resident
Patrick Tedesco, Vice President of Charlestown Civic League and Certified
Community Planner
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of HOP-IN FOOD STORFS, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
INC., FOR A CONDITIONAL USE PERMIT FOR GASOLINE
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of Hop-In Food Stores,
Inc. for a Conditional Use Permit for gasoline
pumps in conjunction with a convenience store on
certain property located at the northeast corner of
Centerville Turnpike and Old Ridge Road. Said
parcel contains 32,434.7 square feet. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, 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:
John A. Baum
Council Members Absent:
H. Jack Jennings, Jr.
- 15 -
Item II-1.4
PLANNING ITEM # 24893
Attorney Robert Cromwell respresented the applicant
William L. Freed, the applicant, also represented himself
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance closing, vacating and discontinuing a portion
of Baltic Avenue an&-iter,land-Avenne (AS MODIFIED) in the petition of
VIIJ,IAN L. FREED
Application of William L. Freed for the
discontinuance, closure and abandoriment of portions
of Baltic Avenue and-Maryiand-kvenee as follows:
Baltic Avenue: Beginning at the northern boundary
of Maryland Avenue and running in a northerly
direction a distance of 100 feet.
Maryiand- -@@-"Int-@-feet
west-@--A@@ -Avent2e-@@img--i@@-westeri:y
50- sitiare-feet.
VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. Closure of Maryland Avenue has been withdrawn from this request.
2. A 20-foot utility easement is required on Baltic Avenue, as well
as a 25-foot public ingress/egress easement.
3. Resubdivision of the property to incorporate the closed area into
adjoining parcels and to insure that all lots have access to a
public street.
4. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera
E. Oberndorf
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING PORTIONS OF THOSE CERTAIN
STREETS OF VARIABLE WIDTH, KNOWN AS BALTIC
AVENUE AND 11TH STREET (NOW MARYLAND AVENUE),
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
'STREET CLOSURE OF A PORTION OF BALTIC AVENUE
AND MARYLAND AVENUE, VIRGINIA BEHCH BOROUGH,
VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper
notice has been given by William L. Freed, that he would make
application to the Council of the City of Virginia Beach, virginia,
on , 1985, to have the hereinafter described
streets discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said streets be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the CitY Of
Virginia Beach, Virginia, that the hereinafter described streets
be discontinued, closed, and vacated:
All that certain parcel of property lying,
situate and being in the Beach Borough of the
City of Virginia Beach, virignia, as shown
on that certain Map of Shadow Lawn Heights
which plat is duly recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7, at
page 14, and with reference to said plat being
more particularly described as follows:
THAT CERTAIN portion of Baltic Avenue
and llth Street (now Maryland Avenue) lying
south of 12th Street (now 9th Street),
beginning at a pin located at the intersection
of the Southern right-of-way line of 12th
Street (now 9th Street) and the western
right-of-way line of Baltic Avenue, thence
from said point of beginning S 7* 15' E a
distance of 200 feet, along the western
right-of-way line of Baltic Avenue, to the
point of intersection with the northern
right-of-way line of llth Street (now Maryland
Avenue); thence turning and running at right
GUY, CROMWELL, BETZ angles to said former course, N 82@ 451 E a
& LUSTIG, P.C.
T L@. distance of 90 feet along the northern
right-of -way line of llth Street (now Maryland
Avenue) to a point at the southwestern corner
of Lot 5, Block 26 of Shadow Lawn Heights;
- 1 -
thence turning and running at right angles
to said former course S 7' 151 E a distance
of 50 feet to a point on the southern
right-of -way line of llth Street (now Maryland
Avenue); thence turning and running at right
angles to said former course S 82* 45' W, a
distance of 200 feet, along the southern
right-of -way line of llth Street (now Maryland
Avenue), to a point; thence turning and
running at right angles to said former course,
N 7' 151 W a distance of 50 feet, to a pin at
the southeastern corner of Lot 31, Block 16
of Shadow Lawn Heights; thence turning and
running at right angles to said former course,
N 82' 451 E a distance of 60 feet, along the
northern right-of-way line of Ilth Street
(now Maryland Avenue) to a point of
intersection with the eastern right-of-way
line of Baltic Avenue; thence turning and
running at right angles to said former course,
N 7' 151 W, a distance of 200 feet, along the
eastern right of way line of Baltic Avenue,
to a pin at the point of intersection with
the southern right-of-way line of 12th Street
(now 9th Street); thence turning and running
at right angles to said former course, N 82*
45' E a distance of 50 feet, along the southern
right-of-way line of 12th Street (now 9th
Street) to the said point of beginning as
shown on that Plat entitled "STREET CLOSURE
OF A PORTION OF BALTIC AVENUE AND MARYLAND
AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINIA.-
Said parcel of land being a portion of Baltic Avenue and llth
Street (now Maryland Avenue) as indicated on that certain plat
of property to be vacated South of what is presently 9th Street,
in Shadow Lawn Heights for William L. Freed, which plat is recorded
in the Clerk' s Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book at page and which
is made a part hereof by reference.
SECTION II
This Order shall be in ef f ect from the date of its
passage.
APPROVED: February 3, 1986
UY, CROMWELL, BETZ
& LUSTIG, P.C.
reb
2
Gu,y, CROMWELL, BETZ & LUSTIO, P. C-
ATTORNEYS -- CouxszwR. @T L-
Fh@.A.. D. G- P....-. O@,.@. P- AmB. Conz
W,-. L..,.-
R .... T D. C-.--, J. P @.-S@.T.
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R. E.-. J- July 15, 1985
I, R. Edward Bourdon, Jr., attorney for william L. Freed,
do hereby certify that:
1. I am an attorney at law and represent William L. Freed.
2. That based upon my examination of title, it is my
opinion that if the portions of those streets sought to be closed
are discontinued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said streets will vest in
the owners of the fee in the streets which were reserved at the time
said streets were dedicated and plats put to record.
3. The portions of those streets to be closed, referred
to herein, are described as follows:
All that certain parcel of property lying,
situate and being in the Beach Borough of the
City of virginia Beach, virignia, as shown on
that certain map of Shadow Lawn Heights which
plat is duly recorded in the Clerk's office of
the Circuit Court of the city of virginia Beach,
virginia in Map Book 7, at page 14, and with
reference to said plat being more particularly
described as follows:
THAT CERTAIN portion of Baltic Avenue and
llth Street (now Maryland Avenue) lying south
of 12th Street (now 9th Street), beginning at a
pin located at the intersection of the Southern
right-of -way line of 12th Street (now 9th Street)
and the western right-of-way line of Baltic
Avenue, thence from said point of beginning S 7*
GUY, CROMWEILL,BETZ & LUSTIO, P. C.
Page 2
July 15, 1985
15' E a distance of 200 feet, along the western
right-of-way line of Baltic Avenue, to the ffint
of intersection with the northern right-o way
line of llth Street (now Maryland Avenue) ; thence
turning and running at right angles to said
former course, N 82* 45' E a distance of 90 feet
along the northern right-of-way line of llth
Street (now Maryland Avenue) to a point at the
southwestern corner of Lot 5, Block 26 of Shadow
Lawn Heights; thence turning and running at right
angles to said former course S 7* 151 E a distance
of 50 feet to a point on the southern right-of-way
line of llth Street (now Maryland Avenue) ; thence
turning and running at right angles to said
former course S 82* 451 W, a distance of 200
feet, along the southern right-of-way line of
llth Street (now Maryland Avenue), to a point;
thence turning and ning at right angles to
said former course, @* 151 W a distance of 50
feet, to a pin at the ioutheastern corner of Lot
31, Block 16 of Shadow Lawn Heights; thence
turning and running at right angles to said
former course, N 82* 45' E a distance of 60 feet,
along the northern right-of-way line of llth
Street (now Maryland Avenue) to a point of
intersection with the eastern right-of-way line
of Baltic Avenue; thence turning and running at
right angles to said former course, N 70 151 W,
a distance of 200 feet, along the eastern right
of way line of Baltic Avenue, to a pin at the
point of intersection with the southern
right-of-way line of 12th Street (now 9th
Street); thence turning and running at right
angles to said former course, N 820 451 E a
distance of 50 feet, along the southern
right-of -way line of 12th Street (now 9th Street)
- 16 -
Item II-I.5
PLANNING ITEM # 24894
Attorney R. J. Nutter represented the applicant and advised same will not
increase the density to the area.
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED the application of RODNEY B. AND BRENDA J. KELLOGG for a
Variance to Section 4.4 (b) of the Subdivision Ordinance which required
that lot dimensions conform to the Comprehensive Zoning Ordinance:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Rodney B. and Brenda J.
Kellogg. Parcel is located at 3153 Colechester
Road. Plats with a more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Abstaining:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
Februar 3 1986
1 7
item II-I-6.
PLANNING ITEM 24895
Joseph E. Thain, the applicant, represented himself and requested DEFERRAL
for sixty (60) days in order to seek another contract or determine their
direction in this matter.
The City Clerk referenced letter of January 30, 1986, requesting DEFERRAL
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council DEFERRED for sixty (60) days until the City Council Meeting of
April 7, 1986, tthe Ordinance upon application of JOSEPH E. AND SUSAN C.
THAIN for a Change of Zoning:
Ordinance upon application of Joseph E. and Susan
C. Thain for a Change of Zoning District
Classification from R:7 Residential District to B-4
Resort-Commercial District on Lots 9, 10 and 11,
Block 18, Shadowlawn. Said parcels are located at
312 Winston Salem Avenue and contain 13,931 square
feet. VIRGINIA BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
- 18 -
Item II-I.7
PLANNING ITEM # 24896
The City Clerk referenced letter of January 6, 1986, from the applicant,
Fred H. Rosenblum, D.D.S., requesting WITHDRAWAL.
The following registered in OPPOSITION:
Reverend Thomas Jennings
Delanne Ferrell
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of FRED H. ROSENBLUM for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF FRED H. ROSENBLUM FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8
TO B-2
Ordinance upon application of Fred H. Rosenblum for
a Change of Zoning District Classification from R-8
Residential District to B-2 Community-Business
District at the southwest corner of Indian River
Road and Ferry Point Road. Said parcel is located
at 5521 Indian River Road and contains 16,988
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH. (NEWLIGHT TARGET AREA)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
- 19 -
Item II-1.8
PLANNING ITEM # 24897
Attorney Robert Steinhilber represented the applicant
The City Clerk referenced a lettter of January 30, 1986, from Edith E.
Young, an adjacent property owner, who was in favor of said application
Arkansas Foreman, represented the Newsome Farms Civic League, spoke in
and presented Council with a petition in OPPOSITION to same.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council DENIED the Ordinance upon application of FOUR STAR PRODUCTIONS
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF FOUR STAR PRODUCTIONS
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 TO B-2
Ordinance upon application of Four Star Productions
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 Newtown Road, 170 feet more or less north
of Connie Lane on part of Site 23, Newsome Farms.
Said parcel contains 1.972 acres. Plats with more
detailed information area available in the
Department of Planning. BAYSIDE BOROUGH. (NEWSOME
FARM TARGET AREA)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
Februar 3 19
- 20 -
Item II-I.9a.
PLANNING ITEM # 24898
Attorney Grover Wright represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones,
City Council ADOPTED an Ordinance upon application of DAVID K. HILLQUIST
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF DAVID K. HILLQUIST
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO H-2 Z02861059
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of David K. Hillquist
for a Change of zoning District Classification from
B-5 Resort-Commercial to H-2 Resort District on the
northwest corner of Atlantic Avenue and 4th Street
on Lots 1-4 and 7-9, Block 8, Ocean Lot Investment
Company. Said parcels are located at 400 and 424
Atlantic Avenue, 205 4th Street and 208 5th Street
and contains 1.16 acres. VIRGINIA BEACH BOROUGH
The following condition shall be required:
1. A height limit of 100 feet.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Third day of February, Nineteen Hundred and Eighty-six.
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
Coouncil Members Absent:
None
Februar 3 1986
- 21 -
Item 11-9.b
PLANNING ITEM # 24898b
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones,
City Council APPROVED an Ordinance closing, vacating and discontinuing a
portion of an Alley between 4th and 5th Streets in the petition of DAVID K.
HILLQUIST:
Application of David K. Hillquist for the
discontinuance, closure and abandonment of an alley
located between 4th Street and 5th Street running
from the west side of Atlantic Avenue to the east
side of Pacific Avenue. Said parcel is 15 feet in
width and contains 3646 square feet. VIRGINIA
BEACH BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property to incorporate the closed area into
adjoining parcels and to insure that all lots have access to a
public street.
2. The ultimate disposition of the right-of-way shall be by means of
purchase ratber than direct conveyance to the adjoining property
owner, subjectto determination by the City Attorney's Office.
3. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
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
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
FIFTEEN FOOT WIDE ALLEY, LYING WEST OF
ATLANTIC AVENUE BETWEEN 4TH STREET AND
5TH STREET, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, 'PLAT SHOWING 15, ALLEY
TO BE CLOSED IN BLOCK 8 OCEAN LOT
INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper
notice has been given by David K. Hillquist, that he would make
application to the Council of the City of Virginia Beach, Virginia,
on October 28 -, 1985, to have the hereinafter described
streets discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said streets be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described streets
be discontinued, closed, and vacated:
All that certain parcel of property lying,
situate and being in the Beach Borough of the
City of Virginia Beach, Virignia, as shown
on that certain "PLAT OF THE OCEAN LOT
INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA,
which plat is duly recorded in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7, at
page 6, and with reference to said plat, being
more particularly described as follows:
THAT CERTAIN portion of an Alley 15 feet
in width, lying West of Atlantic Avenue in
Block 8 as shown on the "PLAT OF THE OCEAN
LOT INVESTMENT COMPANY, VIRGINIA BEACH,
VIRGINIA, between 4th Street to the South and
5th Street to the North, beginning at a pin
located at the intersection of the Western
right-of-way line of Atlantic Avenue and the
Northern right-of-way line of the 15' Alley,
thence from said point of beginning N 83* 101
00" E a distance of 244.42 feet along the
Uy, CROMWELL, BETZ northern right-of-way line of the 15' Alley
& LUSTIG, P.C.
@l L.W to a pin at the southwestern corner of Lot 5,
in Block 8; thence N 06* 501 001 W a distance
of 15 feet to a pin at the northwestern corner
of Lot 11, in Block 8; thence S 83' 101 001 W
a distance of 241.68 feet along the southern
right-of-way line of the 15' Alley to a pin
at the point of intersection with the western
right-of-way line of Atlantic Avenue; thence
along the western right-of-way line of
Atlantic Avenue along the arc of a curve with
a radius of 1106.00 feet, an arc distance of
15.25 feet to the point of beginning as shown
on that Plat entitled "PLAT SHOWING 15' ALLEY
TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT
COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINIA.-
Said parcel of land being a portion of the 151 Alley as indicated
on that certain plat of property to be vacated West of what is
presently Atlantic Avenue between 4th and 5th Streets for David
K. Hillquist, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book at page and which is made a part hereof
by reference.
SECTION II
A certified copy of this ordinance shall be filed
in the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This ordinance shall be effective sixty (60) days
from the date of its adoption.
APPROVED: February 3, 1986
Uy, CROMWELL, BETZ
LUSTIG, P.C.
reb
2
Guy, CRomwELL, BETZ & LUSTro, P. C.
ATT .... @S -. @@ L-
D. 0- p..... .o".@. P-.
L..@,. A-@ Co.. .0.
R .... @ B. C-.w.-, J.
T..- F. B.-, J..
H.-. R. S-.., J. .. . ...... T,t-.
J..@- M. C.--
T..- S. C@.... December 10, 1985
R. E-. B.@.-., J..
G M. K.-@, IU
I, R. Edward Bourdon, Jr., attorney for David K. Hillquist,
do hereby certify that:
1. I am an attorney at law and represent David K.
Hillquist.
2. That based upon my examination of title, it is my
opinion that if the portion of the alley sought to be closed is
discontinued, closed and vacated by the Council of the CitY of
Virginia Beach, Virginia, then title to said street will vest in the
adjoining property owners, subject to possible clouds on the fee
title to the southern half of the alley, adjoining lots 7, 8, 9, 10,
11 and 12.
3. The portion of street to be closed, referred to herein,
is described as follows:
THAT CERTAIN portion of an Alley 15 feet in
width, lying West of Atlantic Avenue in Block 8
as shown on the 'PLAT OF THE OCEAN LOT INVESTMENT
COMPANY, VIRGINIA BEACH, VIRGINIA, between 4th
Street to the South and 5th Street to the North,
beginning at a pin located at the intersection
of the Western right-of-way line of Atlantic
Avenue and the Northern right-of-way line of the
151 Alley, thence from said point of beginning
N 83* 101 00" E a distance of 244.42 feet along
the northern right-of-way line of the 151 Alley
to a pin at the southwestern corner of Lot 5,
in Block 8; thence N 06' 501 0011 W a distance of
15 feet to a pin at the northwestern corner of
Lot 11, in Block 8; thence S 83' 10' 0011 W a
distance of 241.68 feet along the southern
right-of-way line of the 151 Alley to a pin at
the point of intersection with the western
right-of-way line of Atlantic Avenue; thence
along the western right-of-way line of Atlantic
Guy, CRomwELL, BETZ & LUST]IG, P. C.
Page 2
December 10, 1985
Avenue along the arc of a curve with a radius
of 1106.00 feet, an arc distance of 15.25 feet
to the point of beginning as shown on that Plat
entitled "PLAT SHOWING 151 ALLEY TO BE CLOSED
IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA
BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA."
GUY, CROMWELL, BETZ & LUSTIG, P.C.
By.@- I
R. Edward Bourdon,
reb
- 22 -
Item II-I.10
PLANNING ITEM # 24899
Attorney Michael Wood, represented the applicant, and requested DEFERRAL of
said application.
Mr. Wood requested DEFERRAL to enable the Planning Department to
investigate whether conditions warrant a change in the zoning of a
particular area from B-3 to B-4. On January 23, 1984, City Council
ADOPTED:
Resolution that only that area east of Beasley
Drive to Thalia Creek and bordered by Virginia
Beach Boulevard on the North and Southern Boulevard
an the South is hereby declared as suitable for
apartment development.
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council DEFERRED for sixty (60) days until the City Council Meeting of
April 7, 1986, an Ordinance upon application of COLOON DEVELOPMENT COMPANY,
INC. for a Change of Zoning. This DEFERRAL wil enable the Director of
Planning, Robert Scott, the applicant, and the Planning Department to
determine if this one particular application would warrant a deviation of
City Council's Resolution. The recommendations will be presented to
Council. Mr. Wood will investigate the architectural aspect and prepare
same for Council.
ORDINANCE UPON APPLICATION OF COLCON DEVELOPMENT
COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 TO B-4
Ordinance upon application of Colcon Development
Company for a Change of Zoning District
Classification from B-3 Central-Business District
to B-4 Resort-Commercial District on certain
property located on the south side of Southern
Boulevard beginning at a point 450 feet east of
Constitution Drive on Lots 74078, A. C. Jarvis
Land. Said parcel contains 10.0349 acres. Plats
with more detailed information area available in
the Department 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
*VERBAL VOTE
- 23 -
Item II-I.11
PLANNING ITREM # 24900
Attorney Moody Stallings represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council DENIED an Ordinance upon application of JOHN E. SHOMIER, JR. AND
ERMA YOU14G SHOMIER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF JOHN E. SHOMIER, JR.
AND ERMA YOUNG SHOMIER FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 TO B-2
Ordinance upon application of John E. Shomier, Jr.
and Erma Young Shomier for a Change of Zoning
District Classification from R-8 Residential
District to B-2 Community-Business District on Lots
30-34, Rock Creek, Phase I. Said property is
located at 1846 Salem Road and contains 1.006
acres. KEMPSVILLE BOROUGH.
Voting: 9-2
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, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
Barbara M. Henley and Robert G. Jones
Council Members Absent:
None
- 24 -
Item II-I.12
PLANNING ITEM # 24901
Rae H. LaSesne, represented the Council of Civic Organizations, and spoke
in OPPOSITION to said Amendment.
Jim Morrow, President of the Morrow Group of Companies and a General
Partner in Lotus Creek Associates, advised his company had employed a
nationally recognized design firm who suggested offering their services
in connection with the redrafting of the PD-H2 Ordinance.
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council RE BACK to the Planning Commission the City's
application to:
AMEND the Comprehensive Zouing Ordinance, Article
II, part C re PD-H2
City Council suggested the repeal of this Ordinance and that it be
considered within sixty days and EXPEDITED to City Council.
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
- 25 -
Item II-J.1
RESOLUTION/ORDINANCE ITEM # 24902
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones,
City Council APPROVED:
Resolution for the selection of LANDSTOWN as
a Refuse Transfer Station site for Southeastern
Public Service Authority.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones and Vice Mayor Reba S.
McClanan
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
None
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
has reviewed and considered numerous sites within the City for
a transfer station for the Southeastern Virginia Public Service
Authority; and
WHEREAS, it has considered staff recommendations,
information obtained during public hearings and other data.
NOW, THEREFORE, BE IT RESOLVED BY THE COUUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the below described site is the one recommended
to Southeastern Virginia Public Service Authority for the
establishment of a transfer station:
LANDSTOWN
This resolution shall be effective from the date
of adoption.
ADOPTED: February 3, 1986
JDB: er
1-30-86
- 26 -
Item II-J.2
RESOLUTION/ORDINANCE ITEM # 24903
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED until all parties effected are notified, cost figures are
derived and a new Ordinance is redrafted:
Ordinance to authorize acquisition of property in
fee simple for rigbt-of-way for Elbow Road extended
(Elmer Tolle Subdivision) and the acquisition of
temporary and permanent easements of right-of-way
either by agreement or by condemnation.
Mrs. Selma Tolle, the applicant, expressed appreciation to the staff for a
proposed redesigning of the Elbow Road Extension. Upon completion of the
Road, she would like to have access to her property from same. Until this
Road is completed, she wished to use same as her driveway.
Donald Trueblood, Chief Engineer, presented a suggested new alignment. The
"Green" Alignment displayed on the map was the one previously discussed
before City Council.
This has been redesigned and designated by a "Blue" Alignment. If we come
straight across the "Blue " Alignment then the near side of this aforeside
Alignment would be a few feet outside the drip line of the trees, therefore
they would not be disturbed. Tbe right-of-way would be about 10 feet from
the adjacent store owned by John Baldwin. With the "Green" Alignment, the
right-of-way would be 28 feet from the store.
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
- 27 -
Item II-J-3
RESOLUTION/ORDINANCE ITEM # 24904
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED:
Ordinance authorizing exection of the First
Supplemental Agreement to the February 9, 1981, Isle of
Wight County Water Contract
Voting: 10-0
Council Members Voting Aye:
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:
John A. Baum
AN ORDINANCE AUTHORIZING EXECUTION OF
THE FIRST SUPPLEMENTAL AGREEMENT TO THE
FEBRUARY 9, 1981, ISLE OF WIGHT
COUNTY WATER CONTRACT
WHEREAS, on February 9, 1981, the Council of the City
of Virginia Beach authorized the City Manager to execute a
contract to purchase water from Isle of Wight County; and
WHEREAS, on February 13, 1981, the Council of the City
of Virginia Beach authorized the City Manager to execute an
Addendum to that contract; and
WHEREAS, that contract will expire on February 9,
1986, unless the contract is renewed by both Isle of Wight
County and the City of Virginia Beach; and
WHEREAS, Isle of Wight County has indicated that they
will not approve the renewal of the water purchase contract
unless the First Supplemental Agreement is approved and made a
part of the contract; and
WHEREAS, such First Supplemental Agreement further
clarifies the actual Agreement between the parties.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and he hereby is, authorized
to execute the said First Supplemental Agreement to the Isle of
Wight County water contract dated February 9, 1981, a copy of
which is attached hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 3rd day of February, 1986.
KJC/cb
2/3/86
THIS FIRST SUPPLEMENTAL AGREEMENT made as of the
day of 1 1986, between the COUNTY OF ISLE OF WIGHT
of the Commonwealth of Virginia ("Isle of Wight"), and the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia ("Virginia Beach"), provides:
RECITALS
A. Isle of Wight and Virginia Beach have entered into an
Agreement made as of the 9th day of February, 1981 (the
"Agreement"), and pursuant thereto two water supply wells (the
"New Wells") within the County of Isle of Wight have been
constructed and are intended to be capable of delivering
approximately eight million gallons of water per day. Virginia
Beach has made appropriate arrangements with the City of Norfolk
("Norfolk") to wheel and treat water from the New Wells.
B. Virginia Beach has been receiving, and expects from
time to time in the future to receive, from Norfolk water derived
from four water supply wells (the "Old Wells") located on
property of Norfolk within the boundaries of Suffolk (on Tax
Assessor's Parcels No. 16-9, 17-23 and 8-3) wbich wells are
currently owned by Norfolk. The Old Wells are presently capable
of delivering approximately sixteen million gallons of water per
day.
C. Virginia Beach has also entered into agreements in
1981 with the City of Suffolk and the County of Southampton and
pursuant thereto, two water supply wells have been constructed
within the City of Suffolk intended to be capable of delivering
approximately eight million gallons of water per day and one
supply well has been constructed in the County of Southampton
capable of delivering approximately four million gallons of water
per day. Virginia Beach has made appropriate arrangements with
the City of Norfolk to wheel and treat water from these "Suffolk
and Southainpton wells".
D . Recognizing the scarcity of water supply in
Southeastern Virginia and the concerns of Isle of Wight to assure
continued integrity of a satisfactory water supply to its
citizens, Virginia Beach has agreed that, so long as Virginia
Beach receives water from the New Wells, it will make a money
contribution to Isle of Wight which will make available to Isle
of Wight the means to develop alternative sources of surface
water or groundwater, and further has agreed to mitigate adverse
effects on property owners affected by pumping of the New Wells
in accordance with the Mitigation Program appended to the
Agreement.
E. Virginia Beach recognizes that pumping of the Old
Well, as well as the Suffolk and Southampton wells, may have the
same general effects on Isle of Wight and its citizens as pumping
of the New Wells.
F. Isle of Wight has requested that Virginia Beach's
money contribution to provide Isle of Wight means to develop
alternative sources of water supply or groundwater be based upon
withdrawals of water from the Old Wells, the New Wells and the
Suffolk and Southampton wells.
G. Virginia Beach has requested Isle of Wight to consent
to water transmission mains and booster pumping stations to be
located in Isle of Wight, and to amend the Agreement in
connection therewith, as provided in paragraph 4 below.
AGREEMENT
Now, therefore, in consideration of the premises and of
the mutual covenants, conditions and undertakings set forth
below, Isle of Wight and Virginia Beach agree as follows:
1. Water received by Virginia Beach or its citizens from
or through the Norfolk water system is metered (at the points of
entry across the Virginia Beach city line) by Norfolk for the
purpose of billing Virginia Beach monthly for water purchased
- 2 -
from Norfolk. Virginia Beach agrees to provide copies of such
bills to Isle of Wight within ten days of their receipt by
Virginia Beach.
If the Old Wells, the Suffolk or Southampton wells, or any
of them are pumped in any month during which Virginia Beach or
its citizens receives any water from or through the Norfolk water
system, it shall be conclusively presumed that pumping of the Old
Wells, including the Suffolk and Southampton wells, in such month
was TO SUPPLY WATER TO VIRGINIA BEACH to the extent of the lesser
of: (a) the amount of water pumped from the Old Wells and/or the
Suffolk or Southampton wells in such month, or (b) the excess, if
any, of (i) over (ii), where (i) is the amount of water received
by Virginia Beach and its citizens from or through the Norfolk
water system in such month divided by 0.85, and (ii) is the sum
of (x) the amount of water which was pumped from the New Wells in
such month and (y) the amount of Alternate Water (as hereinafter
defined) which is demonstrated by Virginia Beach to have been
pumped or otherwise produced into the Norfolk water system for
Virginia Beach during such month.
For purposes hereof, Alternate Water consists of water
meeting all of the following requirements:
(A) (i) Such water is pumped or otherwise produced from a
well, reservoir, or other source of supply located wholly outside
of Isle of Wight and not presently or in the past utilized by
Norfolk or any other political subdivision which has received
water from or through the Norfolk water system on or before the
date of this First Supplemental Agreement, and (ii) such water is
pumped or produced solely for the purpose of supplying Virginia
Beach. For purposes of this paragraph, in the case of wells, the
source shall be the well rather than the acquifer from which it
draws; the Blackwater-Nottoway supply is acknowledged to be one
of the existing sources being utilized by Norfolk.
(B) Norfolk acknowledges in its water supply contract
with Virginia Beach, or otherwise in writing, that Virginia Beach
- 3 -
is the owner (or is entitled to the sole use and benefit) of such
water.
(C) Such water is placed in, or flows into, one of the
Norfolk reservoirs located wholly or partly in Suffolk or Isle of
Wight or is placed in a Norfolk transmission main which transmits
to Norfolk water from Norfolk's reservoirs located in Suffolk or
Isle of Wight.
(D) The water pumped or produced from any such well or
other source is accurately metered with a written report of the
amount pumped or produced during the month at each such well or
other source being provided to Isle of Wight by Virginia Beach.
So long as there shall be any Alternate Water, Virginia
Beach shall to the extent possible permit, or arrange for, Isle
of Wight and its agents and employees to have reasonable access
during normal business hours to meters at any wells or other
sources of supply producing such Alternate Water in order to
determine that the meters are in good working order and are
measuring accurately the amount of Alternate Water being pumped
or produced for Virginia Beach.
It shall be conclusively presumed that all water pumped
(other than water pumped for the use of Isle of Wight) from the
New Wells during the term of the Agreement, as amended hereby, is
TO SUPPLY WATER TO VIRGINIA BEACH.
2. In order to make a reasonable allowance for such
administrative overhead as Isle of Wight may have in these
matters, and, further, in order to make available to Isle of
Wight the means to develop alternative sources of surface water
or groundwater and otherwise to make fair and reasonable
provisions for the safety, health and welfare of the citizens of
Isle of Wight, Virginia Beach shall, so long as water is supplied
to it from the New Wells or the Old Wells or the Suffolk or
Southampton wells for five years from the date of this First
Supplemental Agreement, pay to Isle of Wight on a monthly basis a
contribution equal to the Applicable Contribution Rate for eacb
- 4 -
one thousand gallons of water pumped from either the New Wells or
the Old Wells or the Suffolk or Southampton wells during the
month in order TO SUPPLY WATER TO VIRGINIA BEACH or its citizens
(determined pursuant to the rules set out in paragraph 1 hereof),
provided, however, the contribution due from Virginia Beach in
respect of any month shall not exceed the greater of (i) the
Applicable Contribution Rate per one thousand gallons pumped
multiplied by eight million gallons of water per day (i.e. 8,000
thousand gallons) multiplied by the number of days in such month,
or (ii) the Applicable Contribution Rate per thousand gallons
pumped multiplied by the aggregate number of gallons of water
(expressed in thousands of gallons) pumped from the New Wells
during such month. In calculating the amount due under the
preceding sentence, any water pumped from the New Wells for Isle
of Wight's use shall be disregarded. The Applicable Contribution
Rate shall be seventeen and one-half cents per thousand gallons
during the five years from the date of this First Supplemental
Agreement. Isle of Wight shall not be legally restricted in any
way as to the manner in whch it expends the contribution received
hereunder.
3. The term of the Agreement, as modified by this First
Supplemental Agreement, shall extend to five years from the date
of this First Supplemental Agreement.
4. Isle of Wight and Virginia Beach bereby agree that
from and after the effectiveness of this First Supplemental
Agreement, neither the Agreement nor this First Supplemental
Agreement shall prohibit Virginia Beach from constructing water
Transmission Facilities in Isle of Wight, including all items
necessary to monitor or transfer water through such mains such as
booster pumping stations, blow-off valves, other control devices,
coupling joints and telemetry devices, (all of which are
hereinafter referred to as the "Transmission Facilities").
Virginia Beach agrees: (a) that it will not hereafter establish
or expand a water supply system of any kind within or partly
- 5 -
within Isle of Wight, or any component thereof, unless the Board
of Supervisors of Isle of Wight in its discretion consents
thereto, (b) the Transmission Facilities, if constructed, shall
be used solely to transmit surface water developed outside
Isle of Wight, which surface water shall be in no way mixed witb
or supplemented by well water (other than water from the New
Wells and/or the Suffolk and Southampton wells constructed during
1981 to supply Virginia Beach, water from such wells being
permitted to be transmitted through the Transmission Facilities,
if constructed), (e) before constructing the Transmission
Facilities or any portions thereof, Virginia Beach shall first
apply for such conditional use permits or other permits as may be
required by the applicable zoning laws or other laws of Isle of
Wight, it being understood that Virginia Beach reserves the right
to contest the validity of any such laws and that Isle of Wight
is not hereby waiving or approving in advance any such permits,
and (d) if Virginia Beach provides to any political subdivision
consideration or benefit for the agreement, consent or permit of
that political subdivision to allow the construction or operation
of a water transmission main through such political subdivision,
then Isle of Wight shall be entitled to the same consideration or
benefit (but if Virginia Beach provides any such consideration or
benefit to more than one political subdivision, Isle of Wight
shall be entitled to a consideration or benefit equal to the
greatest consideration or benefit provided by Virginia Beach to
other political subdivisions and Isle of Wight shall not be
entitled hereunder to receive consideration or benefit equal to
the aggregate consideration or benefit provided by Virginia Beach
to other political subdivisions).
5. In addition to the foregoing provisions of this First
Supplemental Agreement, the original agreement of Isle of Wight
and Virginia Beach dated February 9, 1981 is amended as follows:
A. Amend paragraph 9. of said Agreement and paragraph 1.
of said Addendum to read as follows:
- 6
This contract shall continue for a period of ten (10)
years from February 9, 1986, and may only be modified or amended
by a writing of equal dignity executed by the parties hereto.
Upon completion of said ten (10) years period, this contract
shall automatically renew for an additional ten (10) years unless
notice is given in writing, at least six (6) months prior to the
date of expiration hereof to the Chief Executive Officer of the
corresponding jurisdiction that either party desires that the
Agreement not automatically renew. Notice shall be effective
upon receipt.
B. Amend the Mitigation Program, Exhibit A, by adding in
the place and stead thereof, the following:
This mitigation plan shall apply to all wells located in
the County of Isle of Wight.
(1) Virginia Beach and Isle of Wight jointly will
determine which property owners are adversely affected by pumping
from any wells operated by or for Virginia Beach in Isle of Wight
County, Southampton County, or the City of Suffolk and take any
or all of the steps set forth below to prevent interruption of
water supply to such property owners.
(2) For administration of this mitigation plan, an
adversely affected property owner shall notify Isle of Wight
directly of any such adverse impact upon his well from pumping by
or for Virginia Beach as aforesaid. If Isle of Wight has good
cause to believe the property owners well(s) is being adversely
affected by pumping by or for Virginia Beach, Isle of Wight may
then take whatever action it deems necessary to remedy such
situation by one of the methods set forth in this mitigation
program. Isle of Wight shall then forward a statement for any
expenditures for such mitigation to Virginia Beach. If Virginia
Beach and Isle of Wight are unable to agree that it was necessary
to implement any such measures required under this plan or which
measures should have been implemented, the matter shall be
referred to a hydrologist or groundwater consultant upon whom
- 7 -
both parties agree for binding arbitration and such hydrologist
or groundwater consultant shall determine whether it was
necessary to implement the alternatives for mitigation of the
adverse effects and which measures should have been implemented
and determine the fair amount of compensation due therefor.
(3) In each case of a well serving a property owner which
is determined to be adversely affected by pumping from any well
developed to supply water for the City of Virginia Beach, one or
more of the following alternatives for mitigation of the adverse
effects will be investigated and applied as appropriate:
a. Lowering of Pump,
b. Installation of New Pump,
C. Lowering of Well,
d. Drilling of New Well, and
e. Interconnections with other local
unaffected wells.
Virginia Beach agrees to bear the costs for any of the above
steps necessary to alleviate adverse impact to affected property
owners.
(4) If Virginia Beach and Isle of Wight are unable to
determine in advance that a property owner's well(s) will be
adversely affected by said well, and such property owner's
well(s) stop providing sufficient quantities of water fit for
consumption as a result of pumping to supply Virginia Beach, then
Isle of Wight will take any and all of the following emergency
steps, as necessary, to provide an inunediate alternative water
supPly to the affected property owner:
a. Trucking water in bulk for human and livestock
consumption,
b. Temporary interconnections with local unaffected
wells,
C. Provision of temporary substitute housing for the
family if necessary, and
d. Any combination of any of the above measures
8
which will insure that the property owner will not be required to
go without water for normal human or livestock use for more than
twenty-four (24) hours.
As soon as possible after implementation of the measure or
measures required by sub-paragraphs 1 through 4 above, the
affected property owner shall be entitled to receive one or more
of the alternatives for mitigation of the adverse affects as
stated under paragraph (3) above.
(5) Any property owner who, of necessity, has undertaken
reasonable self-help to mitigate adverse conditions at his well
caused by pumping to supply Virginia Beach, will be reimbursed
for the reasonable costs of such self-help measures upon
presentation by him of appropriate documentation to Isle of
Wight.
(6) Before pumping commences at any well as herein
provided an escrow account fund shall be established by Virginia
Beach in the amount of FIFTY THOUSAND DOLLARS ($50,000.00) and
maintained in that amount throughout the period of this Agreement
and any extension thereof for the purpose of administering the
mitigation program set forth above.
IN WITNESS WHEREOF, Isle of Wight and Virginia Beach have
each caused this First Supplemental Agreement to be signed on its
behalf and its seal to be affixed and attested by officials
thereto duly authorized, pursuant to authority given by
resolutions adopted by their respective governing bodies.
COUNTY OF ISLE OF WIGHT
By
a rman, Board of Supervisors
Attest:
Clerk
9
CITY OF VIRGINIA BEACH
By
City Manager
Attest:
Clerk
COMMONWEALTH OF VIRGINIA
COUNTY OF ISLE OF WIGHT
I, the undersigned, a Notary Public in and for the County
and Commonwealth of Virginia, do hereby certify that RICHARD L.
TURNER, Chairman and W. B. OWEN, Clerk for the Board of
Supervisors of Isle of Wight County, Virginia, whose names as
such are signed to the foregoing Agreement have acknowledged the
same before me in my County and Commonwealth aforesaid.
Given under my hand this day of 1986.
Notary Public
My commission expires:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
I, the undersigned, a Notary Public in and for the City
and Commonwealth aforesaid, do hereby certify that
, City Manager, and
City Clerk, for the City fo Virginia Beach, whose names as such
are signed to the foregoing Agreement, have acknowledged the same
before me in my City and Commonwealth aforesaid.
Given under my hand this day of
1986.
My commission expires:
-10-
- 28
Item II-J-4
RESOLUTION/ORDINANCE ITEM # 24905
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance to amend and reordain Section 7-57 of the
Code of the City of Virginia Beach, Virginia,
pertaining to riding on the sidewalk
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
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 7-57 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO RIDING ON SIDEWALK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 7-57 of the Code of the City of Virginia
Beach, virginia, pertaining to riding on sidewalk, is hereby
amended and reordained as follows:
Section 7-57. Riding on sidewalks.
(a) it shall be unlawful for any person to ride a
bieyele-or moped on any sidewalk or designated -cycle route
within the city.
(b) It shall be unlawful for any person to ride a
bicycle on any sidewalk within the City ec7ept sidwal s that
have been designated as bicycle routes. All sidewalks adjacent
to or within residential areas are hereby designated as bicycle
routes.
(b)(c) The prohibition regarding bicycles contained in
this section shall not apply to any person who is handicapped and
who has a city number plate or tag for the handicapped, issued
pursuant to article II of this chapter, attached to his bicycle.
or-MeLsed.
(e)(d) In locations where the riding of bicycles on sidewalks or
crosswalks is not prohibited:
(1) A person riding a bicycle upon and along a
sidewalk, or across a roadway upon and along a crosswalk, shall
yield the right-of-way to any pedestrian and shall give an
audible signal before overtaking and passing such pedestrian; and
(2) A person ridinq a bicycle upon and along a
sidewalk, or across a roadway upon and along a crosswalk, shall
have all rights and duties of a pedestrian under the sa;@.e
circumstances.
(d)(e) A violation of this section shall constitute a
traffic infraction punishable by a fine of not less than five
dollars ($5.00) nor more than twenty-five dollars ($25-00).
Adopted this 3rdday of February , 1986, by the
Council of the City of Virginia Beach, virginia.
WEB/ld
1/29/86
(F)
-2-
- 29 -
Item II-J.5
RESOLUTION/ORDINANCE ITEM # 24906
ADD-ON
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED:
A RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, OPPOSING SENATE BILL NO. 281 AS
ORIGINALLY SUBMITTED TO THE COMMITTEE ON COMMERCE
AND LABOR.
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. Heury
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
A RESOLUTION OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
OPPOSING SENATE BILL NO. 281 AS
ORIGINALLY SUBMITTED TO THE
COMMITTEE ON COMMERCE AND LABOR
WHEREAS, Senate Bill No. 281 was submitted to the
Committee on Commerce and Labor on February 3, 1986; and
WHEREAS, passage of this proposed legislation
may take away from the courts their control and administration
of presently pending and future receivership proceedings; and
WHEREAS, the courts have proven to be the
appropriate forum to oversee the reinstatement of corporations
that ceased to exist more than five years ago, and, therefore
should not be removed from this important aspect of corporations
reinstatements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the Council of the City of Virginia Beach,
Virginia opposes Senate Bill No. 281 and respectfully requests
the Committee on Commerce and Labor to defeat Senate Bill No. 281
as originally submitted.
Adopted by the Council of the City of Virginia
Beach on the 3rd day of February, 1986.
THIS IS CERTIFIED TO BE A TRUE COPY OF
A RESOLUTION ADOPTED BY THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH ON THE 3RD
DAY OF FEBRUARY, 1986.
Ruth Hodges Smith, CMC
City Clerk
1986 SESSION
LD0942142
I SENATE BILL NO. 281
2 Offered January 21, 1986
3 A BILL to amend and reenact SSSS 13.1-754 and 13.1-916 of the Code of Virginia, relating to
4 the reinstatement of corporations.
Patron-Joannou
7
a Referred to Committee on Commerce and Labor
lo Be it enacted by the General Assembly of Virginia:
11 1. That SSSS 13.1-754 and 13.1-916 of the Code of Virginia are amended and reenacted as
12 follows:
13 SS 13.1-754. Reinstatement of a corporation that has ceased to exist.-A corporation that
14 has ceased to exist may apply to the Commission for reinstatement withifi
15 thOFOSItef- unless the corporate existence was teminated by order of the Commission upon
If a finding that the corporation has continued to exceed or abuse the authority conteffed
17 upon It by law. The Commission . for good cause shown, shall enter an order reinstating
IS the corporate existence upon receiving an annual report together with payment of a
19 reinstatement fee of $100 plus all registration fees, penalties and franchise taxes that were
21 due before the corporation ceased to exist and that would have become due thereafter if
21 the corporation had not ceased to exist, together with interest to the date of the
22 application. The application for reinstatement may be by letter signed by an officer or
23 director of the corporation, or may be by affidavit signed by an agent of any shareholder's
24 interests stating that after diligent search by such agent no officer or director can be
25 found. The Commission shall assess the amounts that would have become due together with
26 interest to the date of the application. Upon the entry by the Commission of an order of
27 reinstatement, the corporate existence shall be deemed to have continued from the date of
29 termination of corporate existence except that reinstatement shall have no effect on any
29 question of 1)ersonal liability of the directors, officer-s or agents in respect to the period
36 between termination of corporate existence and reinstatement. If the name of a corpomtion
31 that has ceased to exist has been assumed or reserved or registered by any other person,
32 the reinstated corporation shall not engage in business until it has amended its articles of
SS incorporation to change its name.
34 SS 13.1-916. Reinstatement of corporation that has ceased to exist.-A corporation that has
35 ceased to exist may apply to the Commission for reinstatement withiii @ yeafs thSFS&tter.
36 unless the corporate existence was terminated by order of the Commission upon a finding
37 that the corporation has continued to exceed or abuse the authority conferred upon it by
38 law. The Commission , for good cause shown, Shall enter an order reinstating the
39 corporate existence upon receiving an annual report together with payment of a
41 reinstatement fee of ten dollar's plus all registration fees and penalties that were due
41 before the corporation ceased to exist and that would have become due thereafter if the
42 corporation had not ceased to exist, together with interest to the date of the application.
43 The applicatioi for reinstatement may be by letter signed by an officer or director of the
44 corporation. The Commission shall assess the amounts that would have become due
45 together with interest to the date of the application. Upon the entry by the Commission of
44 an order of reinstatement, the corporate existence shall be deemed to have continued from
47 the date of the termination of corporate existence except that reinstatement shall have no
48 effect on any question of personal liability of the directors, officers or agents in respect of
49 the @od between termination of corporate existence and reinstatement. If the name of a
51 corporation that has ceased to exist has been assumed or reserved or registered by any
51 other person or corporation, the reinstated corporation shall not transact business unti it
52 has amended its articles of incorporation to change its aame.
53
64
- 30 -
Item II-J-6
RESOLUTON/ORDINANCE ITEM # 24907
ADD-ON
Councilwoman Renley referenced the City Manager's letter concerning a
PROPOSED BILL to never allow the reduction of funds to Community Service
Boards.
The Staff advised a Resolution has not yet been drafted for consideration.
As same would interfere with the powers of local government, Councilwoman
Henley requested a Resolution be drafted.
- 31 -
Item II-K
CONSENT AGENDA ITEM # 24908
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8 and 9.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Haro-ld 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
- 32 -
Item 11-K-1
CONSENT AGENDA ITEM # 24909
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED:
Resolutions in Recognition:
Richard J. LaClaire
James E. Snyder
Virginia Beach Planning Commission
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. flenry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 32a-
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge tbat we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: James E. Snyder served as a member of the
Planning Commission from January 1, 1978 through December 31, 1985.
Throughout these eight years his dedication and unselfish service have
involved personal sacrifices and inconveniences, not only to him but
frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Third day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
JAMES E. SNYDER
Given under my hand and seal,
Mayor
- 32b-
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to build a better society --
dedication and conmitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Richard J. LeClaire served as a member of the
Planning Commission from January 1, 1982 through December 31, 1985.
Throughout these four years his dedication and unselfish service have
involved personal sacrifices and inconveniences, not only to him but
frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Third day of February, Nineteen Hundred
Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep
GRATITUDE and RESPECT to:
RICHARD J. LECLAIRE
Given under my hand and seal,
Mayor
- 33 -
Item II-K-2
CONSENT AGENDA ITEM # 24910
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED:
Resolution certifying Insurability for City Work in
Virginia Department of Highways and Transportation
right-of-way
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Haro-ld 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
-33a -
RESOLUTION CERTIFYING INSURABILITY FOR CITY WORK IN VIRGINIA
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION RIGHT-OF-WAY
WHEREAS, it becomes necessary from time to time for the
City of Virginia Beach to obtain permits from the Virginia
Department of Highways and Transportation to install, construct,
reconstruct, maintain, and operate certain public works and
public utilities projects, along, across, over, and upon the
highway system of Virginia; and
WHEREAS, expense, damage, or injury may be sustained by
the Commonwealth of Virginia growing out of the granting to the
City of Virginia Beach by the Virginia Department of Highways
said permits for the work aforesaid;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach, Virginia:
Section 1: That per the provisions of Section 1.064 of
the Land Use Permrt- Manual of the Virginia Department of Highways
and Transportation the City of Virginia Beach does hereby grant
assurance to the Virginia Department of Highways and
Transportation that it shall in all respects comply with all of
the conditions of the permit or permits that have been, or will
be, granted to the City of Virginia Beach and that the City of
Virginia Beach does hereby certify that it is self-insured for
personal injury and property damage that may arise from the work
performed under permit and/or from the operation of the permitted
activity as follows: Up to one million dollars ($1,000,000) each
occurrence to protect the agents and employees of the Virginia
Department of Highways and Transportation and members of the
Highways and Transportation Commission; up to twenty-five
thousand dollars ($25,000) each occurrence to protect the
Virginia Department of Highways and Transportation, the Highways
and Transportation Commission, and the Commonwealth.
Section 2: That the City Manager or his designee, be,
and the same herefy- is, authorized to execute on behalf of the
City of Virginia Beach all Land Use Permits and related documents
of the Virginia Department of Highways and Transportation.
Section 3: That this resolution shall be a continuing
resolution and sh@ll not be revoked by the Council unless and
until sixty (60) days written notice of any proposed revocation
be submitted by the Council to the Virginia Department of
Highways and Transportation.
City of Virqinia Beach
BY(,
Title'
ADOPTED: February 3, 1986
(SEAL)
ATTEST:
Cfty Clerk
Form approved:
,-- l(Li, I At. , @
,v /@
wgtwa
0 ulty Attorhe)(
- 34 -
Item II-K-3
CONSENT AGENDA ITEM # 24911
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $40,272 from State
Funding to the Community Services Board and to
establish two positions for a Day Treatment Program for
Emotionally Disturbed Children
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
- 34a -
AN ORDINANCE TO APPROPRIATE $40,272 FROM STATE
FUNDING TO THE COMMUNITY SERVICES BOARD AND TO
ESTABLISH TWO POSITIONS FOR A DAY TREATMENT
PROGRAM FOR EMOTIONALLY DISTURBED CHILDREN
WHEREAS, the City of Virginia Beach has 60,000 school-age children with
7,045 students receiving special education services, and
WHEREAS, the City has experienced a rapid increase in the number of
severely emotionally disturbed children who are currently receiving therapeutic
services through the Community Services Board's Comprehensive Mental Health
Services (CMHS) and special education from the City's public school programs, and
WHEREAS, although 320 children are presently being served by the school
system and CMHS, there are 20 children for whom none of the present programs are
sufficient to meet their needs, and
WHEREAS, these children are not progressing academically, socially or
psychologically, but some would benefit from a day treatment program combining
mental health and educational components, and
WHEREAS, the State Department of Mental Health and Mental Retardation
recently issued an RFP to Community Services Boards across the state for
children's mental health services, and
WHEREAS, the Virginia Beach Community Services Board submitted a Day
Treatment Program proposal recommending the addition of two positions at a cost
of $40,272 to focus on intervention and support of the child in his/her school
and community, and
WHEREAS, Virginia Beach was one of four proposals selected by the State
for funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $40,272 be accepted from the State
and appropriated in the Department of Mental Health/Mental Retardation for two
additional positions to establish a day treatment program for emotionally
disturbed children.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1986. This ordinance shall be
effective from the date of its adoption.
First Reading February 3, 1986
Second Reading
TO
PWC 13/ORD8
Item II-K-4
CONSENT AGENDA ITEM 24912
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED upon SECOND 'READING:
Ordinance to appropriate $21,160 from state funding
to the Community Services Board in support of
detoxification and rehabilitation services
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor liarold 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
- 35a -
AN ORDINANCE TO APPROPRIATE $21,160
FROM STATE FUNDING TO THE
COMMUNITY SERVICES BOARD
IN SUPPORT OF DETOXIFICATION
AND REHABILITATION SERVICES
WHEREAS, in anticipation of the January 1, 1986 closing of the substance
abuse unit at Eastern State Hospital, the Hampton Roads Community Services Boards
and the staff of Eastern State Hospital made a proposal to provide funding to
local community services boards for the development of alternative community ser-
vices, and
WHEREAS, the joint local/state effort resulted in a negotiated ini-
tiative to enhance local community services board substance abuse services with
the endorsement on September 19, 1985 of the Virginia Beach Community Services
Board, and
WHEREAS, the State Department of Mental Health and Mental Retardation
has endorsed joint Eastern State Hospital and Hampton Roads Community Services
Boards' transition plan, earmarking $21,160 in FY 86 and $39,960 in FY 87 to the
Virginia Beach Community Services Board in support of detoxification and rehabili-
tation services, and
WHEREAS, the Virginia Beach Community Services Board will provide ser-
vices allowing for a continuum of treatment from the residential component through
outpatient care and case management and the purchase of local, short-term residen-
tial care for substance abusers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $21,160 be accepted from the State
and appropriated in the Department of Mental Health/Mental Retardation for these
services for substance abusers.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Third day of February 1985. This ordinance shall be
effective from the date of its adoption.
First Reading January 27, 1986
Second Reading February 3, 1986
7'
PWC 13/ORDIO
z-
- 36 -
Item II-J-5
CONSENT AGENDA ITEM # 24913
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council AUTHORIZED FINAL APPROVAL Ordinance closing, vacating and
discontinuing portion of 22nd Street in the petition of Runnington
Investment Corporation (Lynnhaven Borough)
Application of Runington Investment Corp., for the
discontinuance, closure and abandonment of a portion of
22nd Street beginning at a point 422 feet East of
Barberton Drive, running a distance of 104.01 feet
along the Southern property line, running a distance of
64.86 feet along the Eastern property line, running a
distance of 145.33 feet along the Northern property
line and running a distance of 50 feet along the
Western property line, (Lynnhaven 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
ORDINANCE NO.-
IN THE 14N= OF CLOSING, VACATINC AND DISCONTINUING A PORTICN OF THAT
CEP,TAI-N STREFT SHOM AS A POECION OF 22ND
WHERF-AS, it appearing by Affidavit that proper notice has been given
by Rurmington Investment Corp., a Virqinia corporatiori, that it wadd Tmke
@Dplicai-ion to i-he (7oLLicil of i-.he rit,,, of Viroinia Beact), Virginia, or.
Fe@ruz-xy 1.2, @-98@l, tz ha,.,e tlie h@reinafter described street discontinued,
closed and vacated; and
M @, it is the judgffent of the Council that said street be
discontinued, closed and vacated;
N(II, RE,
SBCTION I
BE IT 0 by the Council of the City of Virginia Beach,
Virrji.nia, that the hereinafter described street be discontinued, closed
and vacated:
All of that certain par-t or parcel of land located in.the City of
Virginia Beach, Vircjinia, which said parcel is a part of 22nd
Street (to be closed) described as beginning at the southeast
corner of the intersection of Barberton Drive and 22nd Street;
thence along the south side of 22nd Street S82*02'00"E 326.00
fL,et to a point, thence S67'21'00"E 96.00 feet to a point m
the south side of 22nd Street which said point is the true point
of beginning of the por-tion of 22nd Street to be closed; thence
N22139'00"E 50.00 feet to a pc)int on the north side of 22nd
Street, thence S67121'00"E 145.33 feet to a point on the dividing
line be the property described herein and that of the
"Subdivision of Seacrest Park" which is reoorded in Map Book
29 at page 75, thence along said dividing line S62@13'00'W
64.86 feet to a point on the south side of 22nd Street, thence
N67121100"W 104.01 feet to the point of begim@. The portion
of 22nd Street to be closed described herein contains 6233.75
sq. feet or 0.14 acres.
SBCTIGN 11
A cer-tified copy of this ord@ce shall be filed in the Offioe of
the Circuit Court of the City of Virginia Beach described abcyve.
..........
FINAL APPROVAL:
February 3, 1986
Dec 13, 1984
The Honorable City Council
City of Virgi-nia Beach
@bmicipal ce-nter
Virginia Beach, VA 23456
C=Irl@.TE OF TITLE
Dear f,@rs of City Council:
I, Frank E. Butler, III, attorney for Rw-minqton Investment Corp.,
a Virginia corporation, do her-eby certify that:
1. I am an attorney at law and represent Runnington Inves@t Corp.,
a Virginia co@ration.
2. Title to the property described below is vested of record in the
City of Virginia Beach, VirgirLia, (citing ocean Island L-in vs. Virainia Beach,
216 VA. 474: acceptance of part of a single street is an acceptance of entire
street, when streets are offered for dedication to the City of Virginia Beach).
3. That the fee simple (>.ner or contract owner of all land aloncr and
adjacent to and. affected by said por-tion of the platted street is Runnincjton
Inves@t Coro., a Virginia corporation. If the property described below is
discontinued, closed and vacated by the Council of the City of Virginia Beach,
Vi-rginia, then RL=ington Inves @t Corp., the @er of all land along and
adjacent to said land, will ourch,,se the vacated street from the City of
Virginia Beach, Virginia.
The said property ref=ed to herein is hereby described as follows:
All of that certain part or parcel of land located in the City of
Virainia Beach, Vi-rginia, which said parcel is a part of 22nd Street
(to be closed) described as beginning at the southeast corner of the
i.ntersection of Barber-ton Drive and 22nd Street; thence along the
south side of 22nd Street S82102'00"E 326.00 feet to a point, thence
S67121'00"E 96.00 feet to a Doint on the south side of 22nd Street
which said point is the true poi-nt of begiming of the portion of
22nd Street to be closed; thence N22@39'00" E 50.00 feet to a point
on the nor-th side of 22nd Street, tl-i(ance @167@2l'OO"E 145.33 feet to
a po-t - the clividing line between the p descr@ herein and
that of the "Subdivision of Seacrest Park" which is recorded in Map
Book 29 at page 75, thence along said dividing line S621131001'w 64.86
feet to a pc)int on the south side of 22nd Street, therice N67121100"W
104.01 feet to the point of beginning. The porticn of 22nd Street to,
be closed described herein contains 6233.75 sq. feet
F'EB,III/cb
- 37 -
Item II-K-6
CONSENT AGENDA ITEM # 24914
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED:
Relocation of the Police Firing Range to City owned
property at Creeds Airfield
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
38
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED:
RAFFLE PERMIT
Back Bay Wildfowl Guild, Inc.
Virginia Beach City Union of King's Daughters
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
- 38 -
Item II-K-7
CONSENT AGENDA ITEM # 24915
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED:
RAFFLF PERMIT
Back Bay Wildfowl Guild, Inc.
Virginia Beach City Union of King's Daughters
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
- 39 -
Item II-K-8
CONSENT AGENDA ITEM # 24916
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED:
Ordinance authorizing tax refunds in the amount of
$2,291.44 upon application of certain persons and upon
certification of the City Treasurer for payment.
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
FORM NO. C.A. 7
1/23/86 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total
Year of Tax Number tion No. paid
David I & Gail M Levine 86 RE(1/01) 57739-5 12/5/85 15.32
Martin & Helen Garfinkel 86 @IF(1/2) 35106-6 1/8/86 118.34
Rudee Loop Assoc 86 RE(1/2) 85000-8 12/23/85 780.47
John G Ferguson 85 pp 190894-4 47065 11/20/85 21.00
Donald F & Jean Kern 85 pp 199889-2 1/2/86 51.34
Total 986.47
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the 'A -day of 1986
Ap.proved as to form:
Ruth Hodges Smith
City Clerk
Di torney
ORM NO. C.A. 7 1/21/86 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foiluwing applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total
Y ear of Tax Number tion No. p aid
Kempsville Lake #1 86 RE(1/2) 52801-9 12/5/85 13.34
Kempsville Lake #1 86 RE(1/2) 52802-8 12/5/85 11.75
Kempsville Lake #1 86 RE(1/2) 52803-7 12/5/85 22.74
W F Hudgins 83 RE(1/2) 39783-1 11/29/82 80.10
W F Hudgins 83 RE(2/2) 39783-1 5/16/83 80.10
W F Iludgins 84 RE(1/2) 41764-9 11/21/83 124.60
W F Hudgins 84 RE(2/2) 41764-9 5/16/84 124.60
W F Hudgins 85 RE(]/2) 43966-0 11/20/84 124.60
W F Hudgins 85 RE(2/2) 43966-0 5/14/85 124.60
W F Hudgins 86 RE(1/2) 46370-2 11/19/85 .40
Juan F Ponce 85 pp 208270-8 47052 11/20/85 174.00
Bryant G Pace 85 pp 120133-3 47002 5/15/85 9.00
Charlie H Heffington 85 pp 196050-1 47023 11/29/85 330.42
Joyce Ann Lee 85 pp 94497-0 47032 5/23/85 29.22
Michael Kenslow 85 pp 8763n-2 46655 6/11/85 35.50
Virginia Beach Dodge Inc N/A Pkng 57572 1/6/86 20.00
Total 1,304.97
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to paymqt;
were approved by
the Council ot the City of Virginia
Beach on the -@ day of ua@, 1986
Approved as to f@:
Ruth Hodges Smith
City Clerk
- 40 -
Item II-K-9
CONSENT AGENDA ITEM it 249'17
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED:
Ordinance authorizing license refunds in the amount of
$7,818.80 upon application of certain persons and upon
certification of the Commissioner of Revenue for
payment.
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
Februar
FORM NO. C.A, 8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty I nt. Total
Year Paid
Perrault, Wendv & Michael
T/A Wendy Enterprises
2200 Cutler Ridge
Virginia Beach, VA 23454 1984/85 Audit 24.38 24.3R
Regulite Co., Inc., The
P. 0. Box 8756
Virginia Beach, VA 23450 1981/85 Audit 1,050.63 1,050.63
Robinson, Robert G.
T/A Benaiah Enterprises
1200 Shenvalee Drive
Virginia Beach, VA 23464 1984 Audit 229.25 229.25
Certified as to Payment:
an
Approved as to
B 'm.
This ordinance shall be effective from date of Cty A tt., @e@
adoption.
The above abatement(s) totaling 1,104.26 were approved by the Council
of the City of Virginia Beach on the, 3 ___ day of -,February 86
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 0
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty lnt. Total
Year Paid
Fire Brand, Inc.
5004 Virginia Beach Blvd.
Virginia Beach, VA 23462 1984/85 Audit 1,667.78 1,667.7P
McGowan, Adrian L.
1304 Murray Drive
Chesapeake, VA 23322 1983/85 Audit 1,174.36 1,]7d.36
Montgomery, Virginia
T/A Computer Ernphasis Assoc.
2292 Windy Pines Bend
Virginia Beach, VA 23456 1985 Audit 119.00 lj.a.nn
Certified as to Payment:
n
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 2 , 9 6 1 . J 4 were approved by the Council
of the City of Virginia Beach on the- 3 --- day of ____February______ , 13_86_
Ruth Hodges Smith
City Clerk
FORM NO. C.A. a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L i cense Date Base Penalty lnt. Total
Year Paid
Vakos, John W.
T/A JV's
13th St. & Atlantic Avenue
Virginia Beach, VA 23451 1983/84 Audit 511.18 511.1p
Wilkersori, R. R. & Netterville, T.
5218 Johnson Avenue
Portsmoutli, VA 23701 1985 Audit 80.00 80.00
Zytnick, Lesia B.
T/A Val's Pizza of Pelpbroke
3409 Va. Beach Blvd.
Virginia Beach, VA 23452 1984 Audit 12.09 12.09
Certified as to Payment:
han
Appro,ved as to fo
I
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 6 0 3. 2 7
were approved by the Council
3 February 86
of the City of Virginia Beach on the day of
Ruth Hodges Smith
City Clerk
FORM NO, C.A, 8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Andresen, A. & White, J.
T/A Ann & Judy's Boutique Of Pungo
1776-C Princess Anne Road
Virginia Beach, VA 23456 1983/85 Audit 54.02 54.02
Cattelain, Jean R.
T/A Quality Machine Tool Co.
4988 Fuclid Road
Virginia Beach, VA 23462 1984 Audit 298.56 29P.56
Dick Kellv Fnterprises,etal
T/A Cerca Del Diar Motel
813 Shore Drive
Norfolk, VA 23518 1983/85 Audit 327.75 327.75
Certified as to Payment:
n
Appro@ed as toilorm:
tDa to Br Im@o
This ordinance shall be effective from date of y Atto ney
adoption.
The abuve abatement(s) totaling 6 8 0 . 3 3 were approved by the Council
ot the City of Virginia Beach on the -3 day of -- February 86
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Dudley, Allen C.
1629 Michigan Ave.
Va- Beach, VA 23454 1985 11/19/85 30.00 30.00
Frye, Sharron A. & E. Linda
T/A Temptations
617 Shamrock Rd.
Charlottesville, VA 22901 1984/85 Audit 32.79 32.79
Jordan Coiistruction, Inc.
405 Air Park Rd.
Ashland, VA 23005 1983/84 Audit 2,052.26 2,052.26
Certified as to Payment:
an
Approved as to forml
This ordinance shall be effective from date of im n
adoption. ty Attorney
Theaboveabatement(s) totaling@2 @L5,95 were approved by the Council
of tlie City of Virginia Beach on the - 3 day of ---- February 86
Ruth Hodges Smith
City Clerk
FOHM NO. C.... 6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Pipe Crafts Corp.
1407 Air Rail Ave.
Va. Beach, VA 23455 1983/84 Audit 47.88 17,R8
Stegemann, Frank
T/A Custom Systems
4209 Buttonwood Court
Va. Beach, VA 23462 198A Audit 18.21 18.21,
Wright, John P.
T/A Lakeside Center Assoc.
808 Newtown Rd., S-101
Va. Beach, VA 23462 1984 Audit 88.66 RP.66
Certified as to Payment:
an
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatemenqs) totaling- $154 . 75 were approved by the Council
of the City of Virginia Beach on the -- 3 day of February_ 86
- ---------
Ruth Hodges Smith
City Clerk
- 41 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 24 918
OPEN SPACE AND RECREATION REQUIREMENTS
Robert Scott, Director of Planning and Harold Whitehurst, Director of Parks
and Recreation, presented Council with information concerning OPEN SPACE
AND TION REQUIREMENTS.
Harold Whitehurst advised Council, the Subdivision Ordinance had performed
quite adequately. Since 1970, there were over 60 dedications of
neighborhood parks, and there will be approximately 30 more within the next
f ive years. The small adjoining subdivisions have combined to dedicate
useable parks. Mr. Whitehurst reiterated the HIN@ ADMINISTR.ATIVE PARKS
STANDARDS:
Neighborhood Park: One-half to 10 acres located
w t n east walking distance.
Community Park: 10 to 30 acres designed to serve
two or more neighborhoods.
District Parks: 30 to 200 acres representing a
major commitment of local recreational resources.
These Parks should be centrally located within the
study area.
The SUBDIVISION ORDINANCE is accomplishing the neighborhood requirement.
Robert Scott advised since 1970, the City has operated under Section 4.5 of
the SUBDIVISON ORDINANCE. Due to changes in the City, there are slightly
different needs, and adjustments are necessary.
Mr.Scott referenced PROPOSED ADMINISTRATIVE GUIDELINES IN CONMNCTION WITH
SECTION 4.5 OF THE SUBDIVISON ORDINANCE. Mr. Scott advised in Administering
Section 4.5 of the Subdivision Ordinance, the City shall, in each case,
consider the following criteria in acquiring open space and recreation
land:
1. Amount of Land
2 Accessibiliity and Visibility
3. Configuration
4. Physical Relationship to Other Recreation Areas
5. Type of Open Space
6. Topographic Conditions
7. Conditions Impeding Use of Property
8. Distribution of Land Within Subdivision
9. Maintenance
10. Subdivision Agreement
11. Homeowners Association
Concerning the ORDINANCE TO AMEND AND REOPDIAN SECTION 4.5 OF TEIE
SUBIDIVISION ORDINANCE PERTAINING To puBLIC SITES AND OPEN SPACES, the
threshold for acreage size has been reduced from two (2) acres to one-half
1/2 acre. If this land is less than one-half (1/2) acre in size, the staff
would still be in a position to waive the "open space" requirement and
continue to process the application. If, however, the parcel acquired is
one-half (1/2) acre or larger and there seemed to be Some doubt as t, its
usefulness, the decision would be deferred to City Council.
BY CONSENSUS, upon completion of the Presentation, City Council SCHEDULED
for the City Council Meeting of February 10, 1986:
ORDINANCE TO AMEND AND REORDAIN SECTION 4.5 OF THE
SUBDIVISION ORDINANCE PERTAINING TO PUBLIC SITES
AND OPEN SPACES
- 42 -
Item II-L.2
ADD-ON ITEM # 24919
Sheldon L. Corner, Chairman of the MAYOR'S CODE OF ETHICS COMMITTEE
presented to City Council the REVISED Conflict of Interest Ordinance for
their consideration:
ORDINANCE REQUIRING DISCLOSURE OF INFORMATION AND
OTHER MEASURES TO DEFINE AND IDENTIFY SITUATIONS
WHICH GIVEN RISE TO CONFLICT OF INTERESTS, OR
APPARENT CONFLICT OF INTERESTS, AND UNETHICAL
CONDUCT ON THE PARTS OF PUBLIC OFFICIALS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
The section concerning Standards of Ethical Conduct has been extracted and
incorporated in a Resolution offered for Council's consideration as a CODE
OF ETHICS FOR ]ELECTED AND APPOINTED OFFICI"S.
The Second page begins the PROPOSED Ordinance and includes several changes.
There is one form for written disclosure rather than the several which were
originally incorporated.
Mayor Heischober APPOINTED Vice-Mayor McClanan and Councilman Fentress to
serve on the COMMITTEE to review the CONFLICT OF INTEREST ORDINANCE and
return to City Council with their opinions.
- 43 -
Item 11-M.1
NEW BUSINESS ITEM # 24920
BUFFERING STANDARDS FOR EASEMENTS
Deputy City Manager Aubrey Watts and Roger Huff, City Aborist, presented
information concerning BUFFERING STANDARDS FOR EASEMENTS.
This information was presented through slides and graphics. These SCREENING
MATERIALS are depicted in three (3) categories:
CATEGORYI- PLANT MATERIAL REACHING 81 - 101.
CATEGORY II PLANT MATERIAL REACHING 201
CATEGORY III PLANT MATERIAL REACHING 30'
It is anticipated that these categories could be used alone or in
conjuntion with fencing which could provide immediate screening. A list
depicting examples of various plants is hereby made a part of the record.
City Staff recommended on future REZONINGS and USE PERMITS where it is made
a condition by Council for screening that it be specified as to CATEGORY I,
11, or 111, and if a fence is desired for screening or security.
- 44 -
Item II-M.2
NEW BUSINESS ITEM # 24921
ADD-ON
Reverend Barnett Thorougbgood, President of the SEATACK CIVIC LEAGUE,
sponsored by Councilman Robert Jones expressed concern that the SEATACK
CIVIC LEAGUE'S position was not represented in the application of ROBERT H.
JOSEPHBERG AND JAMES C. NOCITO on January 27,1986, for a Change of Zoning
from R-6 Residential District to @ B-1 (AS MODIFIED) Community-Business
District located at the northeast corner of South Birdneck Road and
Longstreet Avnenue (Lynnhaven Borough).
Mrs. Susie Whitehurst, Vice President of the SEATACK CIVIC LEAGUE
reiterated Reverend Thoroughgood's concerns and asked that City Council
RECONSIDER the application.
Mr. William Mason, a Member of the Family ownership, for the property
rezoned January 27, 1986, substantiated their position of that date.
Attornery R. Steinhilber advised City Council that their application was
presented to the best of his knowledge in the deliberations of January 27,
1986. He further stated he was not aware of OPPOSITION and had not been
privileged to the information presented by Reverend Thoroughgood and Mrs.
Whitehurst.
There being NO MOTION for "Reconsideration", NO ACTION was taken by City
Council.
- 45 -
Item II-M.3
NEW BUSINESS ITEM # 24922
INTERIM FINANCIAL STATEMENTS
Assistant City Manager for Administration Giles Dodd distributed to City
Council:
INTERIM FINANC@ STATEMENTS
For The Period July 1, 1985
through December 31, 1985
Said information is hereby made a part of the record.
- 46 -
Item II-N.1
RECESS INTO EXECUTIVE SESSION ITEM # 24923
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to R.ECESS INTO EXECUTIVE SESSION for discussion of Personnel,
Publicly Held Property and Legal Matters, after which to adjourn (8:25
P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
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
*VERBAL VOTE
February 3, 1986