JULY 1, 1985 MINUTES
Cit@ C>f @@@c:fa
"WORLD'S LARGEST RESORT CITY"
CnYCOLWCIL
MA YOR HAROLD BEISCHOBER, A@ L-9,
VICE MAYOR REBA S. M@CLANAN, A- B-gh
JOHN A. RAUM. Bik@@ B-gh
NANCY A. CMECH. At @
ROBERT E FEN77ZESS, V@-B-h@k
BARBARA M HENLEY. Pw D-Wh
H, JACK JEAWINGS, JR., L@ B-gh
LOUIS R. JOARES. &y@ B@h
ROBERT G. JONES. A@ L.,g.
J. HENRY MCOY. JR.. K-P.@ B-gh
MEYERA E. OBERN7)ORP, At L-9. 281 CRFY HALL BUILDING
RUTH HODGES SMRFH. CMC, City CLk CITY COUNCIL AGENDA MUNICIPAL CENM
VIRGINIA BEACH, VIRRINIA 2U56-MM
18041427-4303
July 1, 1985
Virginia Beach City Council
BRIEFING - Conference Room - 11:00 AM
Interim CIP Presentation
Twice-A-Week Garbage Collection
ITEM 1. 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 PM
A. INVOCATION: Father Fredereck J. Feusahreng
Holy Spirit Catholic 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
ITE@l II. F. MINUTES
1. Motion to accept/approve the Minutes of June 24, 1985.
G. PRESENTATIONS
1. Virginia Beach Safety Council Life Saver Award
Troy Williams
2. Resolution of Appreciation to Louise 0. MeManue
3. Harry Paviour and Ronald Peake, British Fire Officers
4. Cheryl Strange, Niss Virginia Beach
5. Donna Daout, Miss Tidewater
6. Neptune Festival Presentation
H. PLANNING
1. Ordinance closing, vacating and discontinuing a 30-foot
unnamed lane and cul-de-sac adjoining Lots 85-96, Section 1,
Cavalier Park in the petition of the Estate of W. Taylor
Johnson, Sr. (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for FINAL approval.
2. Ordinance closing, vacating and discontinuing a portion of
Ego Drive in the petition of William R. and Helen R. Holz
(Lynahaven Borough).
a. The applicant requests an extension of time for
compliance.
3. Applicatton of Inlynnview Coupany, a Virginia Corporation,
for a change of zonia& from R-8 Residential District to A-2
Apartment District on a 30-acre parcel located on South
Lynnhaven Road, between the north intersection with
Lynnhaven Parkway and Silina Drive (Lynnhaven Borough).
This application was Deferred by City Council June 10, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Ordinance to amend and reordain Section 4.5 of the
Subdivision Ordinance pertaining to Public Sites and Open
Spaces.
This ordinance was Deferred by City Council June 10, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II. H. 5. Ordinance to amend and reordain the Comprehensive Plan dated
January 23, 1985, regarding commercial development in the
General Booth Boulevard area.
This ordinance was Deferred by City Council May 6, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
I. ORDINANCES/RESOLUTIONS
1. Ordinance to amend Chapter 2, Section 2-396 of the Code for
the City of Virginia Beach and to modify the composition of
the City's Planning Co @ ssion;
AND
Ordinance to amend and reordain Chapter 2, Section 2-396 of
the Code of the City of Virginia Beach pertaining to the
composition, organization, appointment and qualifications of
members of the Planning Co=aission;
AND
Resolution proposing one Planning Commission member for each
of the seven boroughs with four At Large members, and
recommending that the Policy Manual No. 15118 be amended.
J. ORDINANCES
1. Ordinance to amend and reordain Section 21-364 of the Code
of the City of Virginia Beach, Virginia, pertaining to
General Parking Prohibitions.
2. Ordinance to add SS5-5.1 of the Code of the City of Virginia
Beach pertaining to Dog Killing Domestic Animals.
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 notion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution of Appreciation to Louise 0. McHanus-
2. Ordinance declaring certain property excess and
authorizing the City Manager to dispose of same.
3. Ordinance to authorize the acquisition of property in fee
simple for right-of-way for London Bridge-Potters Road
Intersection Project and the acquisition of temporary and
permanent easements of right-of-way either by agreement
or by condemnation and to transfer the necessary funds
for acquisition of land or interest in said land.
4. Appointment of Nianza Wallace as Assistant City Attorney,
as of July 1, 1985, be confirmed by City Council pursuant
to Section 2-166 of the Code of the City of Virginia
Beach.
ITEM II. K. 5. Ordinance, on SECOND READING, to accept and appropriate a
grant of $9,685,684 from the U.S. Department of Education
for Project #1-937 Salem Junior High School.
6. Ordinance, on FIRST READING, to accept and appropriate a
Grant Award from the Department of Housing and Urban
Development to the Community Development Eleventh Program
Year.
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Pacific Avenue, to
Ashburton Corporation, its assigns and successors in
title.
B. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Atlantic Avenue, to Ice
Cream Alley, Inc., its assigns and successors in title.
9. Ordinance to authorize a temporary encroachment into a
portion of certain City property known as 100-foot strip
surrounding Lake Bradford, to Pleasure House Station,
Inc., its assigns and successors in title.
10. Ordinance appointing Viewers in the petition of 24th
Street Associates for the closure of a portion of 25th
Street (Lynnhaven Borough).
11. Low bid of J. G. Horton and Son in the amount of $186,205
for the Lynahaven Park Racquetball Courts Project.
12. Raffle Permit:
Messiah Lutheran Church
13. Ordinance authorizing license refunds in the amount of
$1,156.78
L. APPOINTMENTS
1. Planning Commission
2. Local Government Study Commission
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Request of Franklin R. Wiley, Executive Vice-President,
Ramon Breeden Companies, for reconsideration of a change
of zoning.
2. 911 Emergency Telephone System
3. Legal Holiday - Labor Day, September 2, 1985
4. Recess into Executive Session:
Council's Semi-Annual Meeting with Direct Appointees
0. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
July 1, 1985
11:00 A.M.
The City Manager iiitroduced Edgar Deaii Block, Assistaiit City Maiiager for Analysis
and Evaluation,who tha@iked Walter Kraemer aiid his staff and Patricia Phillips
aiid her staff for their efficient and expeditious compilation to provide City
Cou@icil with a package, "INTERIM CAPITAL IMPROVEMENT PROGRAM".
The Staff iiicorporated the results of the Reserve Policy aiid aii extensive
iiitertial alialysis of the projects, their schedulitig alid finaLiCitlg.
The Staff further presented their recommendations as related to each of the
cate@.ories iLi bouiid compilati.on that will be hereby made a part of the record.
The City Maiiager i@itroduced C. Oral Lambert, Director of Public Works, who
respo@ided to City Couiicil 's coiicerlis that citizetis have a "TWICE-A-WEEK
GARBAGE COLLECTION" reiiistated by the Summer of 1986.
The Staff preseiited ALTERNATIVES ONE through NTNE alid a comparison of
Cost, the Impact of Automated Service versus a Tax Increase was pre-
seiited. The Staff was also iiistructed to give City Coulicil a further
breakdown of mafiual vs. automated service to reiiistate "Twice-A-Week
Garbage CollectiOLl" by the summer of 1986.
July 1, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 1, 1985
The Regular Meeting of the Council of the City of Virgiiiia Beach, Virgiiiia,
was called to order by Mayor Harold Heischober iii the CoLiference Room, City
Hall Bulding, on Moiiday, July 1, 1985, at 12:30 in the afteriioon.
Council Members Presetit:
John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Heilley, H. Jack Jeiiiii[igs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClafiaii, J. Heiiry
McCoy, Jr., D.D.S., a@id Meyera E. Oberndorf
Council Members Absent:
NoLie
July 1, 1985
- 2 -
ITEM # 23852
Mayor Heischober entertaiiied a motioil to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assigiiment, appointment, promotion, performance, demotion,
salaries, discipliiiing or resigiiation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideratioii 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 HATTERS: Consultatioii with legal counsel or briefings
by staff members, coiisultants, or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilwoman Creech, seconded by Couiicilmaii Robert Jones, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting: 8-0
Council Mmebers Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Felitress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abseiit:
Louis R Jones, Vice Mayor Reba S. McClanall and
Meyera E. Oberndorf
Councilwoman Meyera E. Oberiidorf entered the EXECUTIVE SESSION at 12:40 p.m.
Councilman Louis Joiies eritered the EXECUTIVE SESSION at 12:40 p.m.
Vice Mayor McClanan entered the EXECUTIVE SESSION at 12:45 p.m.
July 1, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 1, 1985
2:10 p.m.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Cuncil in the Council Chambers, City Hall Building, on Monday, July 1,
1985, at 2:10 iii the afternoou.
Couiicil Members Present:
Johii A. Baum, Nancy A. Creech, Robert E. Feutress, Mayor Harold
Heischober, Barbara M. Healey, H. Jack Jenniiigs, 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: Father Fredereck J. Feusahreus
Holy Spirit Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
July 1, 1985
ANNOUNGMENT
ADD-ON ITEM 23853
The Mayor requested a MOMENT OF SILENCE to express gratitude on the return of
the HOSTAGES aboard TWA Flight 847.
The Mayor advised that the City is currently working with the Department of
the Navy and the City of Norfolk in preparation of a FORMAL GREETING upon
the HOSTAGES return.
There will also be a FORMAL CFREMONY in the Coulicil Chambers during the month
of August.
i.ly 1, 1985
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.l.
PLANNING AGENDA ITEM # 23854
Mayor Heischober refereiiced the Ordinance to AMEND and REORDAIN the COMPREHENSIVE
PLAN dated January 23, 1985, regarding COMERCIAL DEVELOPMENT in the GENERAL
BOOTH BOULEVARD AREA (See ltem II-H.5 of the Planning Agenda).
This item will be DEFERRED for additional editing.
July 1, 1985
6
Item II-F.1
MINUTES ITEM # 23855
Upoii motion by Councilmaii Baum, seconded by Councilmaii McCoy, City Council
APPROVED the Minutes of June 24, 1985, with the followig correction6:
ITEM # 23805 - Page 4 - IN MEMORIUM
December 18, 1978 should correctly read December 31, 1978 as per the
following:
"Mr. Webboii was City Clerk of Virginia Beach from September 1, 1968 until
Deeeia]5ef-48T-4948 December 31, 1978.
ITEM # 23823 - Page 20 - RELALIGN THE INTERSECTION OF FERRELL
PARKWAY AND PRINCESS ANNE ROAD IN THE
AREA NORTH OF THE MUNICIPAL CENTER AS
SHOWN ON MAPS ON FILE IN THE DEPARTMENT
OF PLANNING.
The Vote was incorrect. J. Henry McCoy, Jr., D.D.S. did not vote AYE, he
was ABSENT. Robert C. Joiies voted AYE, as per the following:
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Louis R. Jones, Robert G. JoDes, and Vice Mayor Reba S.
McClanan,
Council Members Abseat:
Robert E. Fentress, end H. Jack Jeniiings, Jr., and
J. Heiiry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
ITEM # 23833 - Page 30 - CONSENT AGENDA
There was a TYPOGRAPHICAL ERROR as per the following:
ORDINANCE TO AMEND AND REORDAIN SECTION 21-338 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINA, PERTAINING TO
CHEMICAL T-EXT TEST FOR ALCOHOL CONTENT.
The City Attorney's Office presented Council today with a FURTHER AMENDED
version of the aforementioned Ordinance to comply with State Code Amendments
effective July 1, 1985, and thus the Ordinance ADOPTED June 24, 1985, will be
DECLARED NULL AND VOID.
July 1, 1985
7
Item II-F.1
MINUTES ITEM # 23855 (Coritiiued)
Votiiig: 10-0
Council Members Votiiig 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 Abseiit:
Nancy A. Creech
July 1, 1985
8
Item 11-G.1
PRESENTATION ITEM 23856
Mayor Heischober presented the VIRGINIA BEACH SAFETY COUNCIL LIFESAVER
AWARD TO:
Troy Williams
Troy Willaims and Members of his family were iii attendance to receive the
award.
Pearl Mallory, Committee Chairman was also preseiit.
Troy Williams saved the life of his Great-Great AuntAlice Edmonds,oii March
20, 1985. She is bliiid aiid caiinot walk without assistance.
July 8, 1985
8a
SAF COUNCIL
xmiowelli@.4al T R 0 Y W I L L I A M S
VIRGINIA BEACH LIFESAVER
0- Wd--d-9, M-,@h 20, 1985 t 8:00 p., T@-Y Willi.- h-@d h" 76
ld .-t Ali@. Ed--d@, @@ " bli.d -d ..... t -lk
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p.1ld ..t f th. d-@ Ith hi.. T@.y l-,..d hi. t..h.ig... c-
Y.-. .90 h- h. g@.d..C.d f@- th. City f V@gi@. B..@h Fi,.
Ed.@.ti- Offic.'@ Fifth G,.d. Pi- S.fty Sch-1. With..t hi. g.icj,
..ti-, Toy ..d hi. .-t -.ld @.t h.- @.@vi-d .. th. fl.-. .pidly
P@..d th-.gh th. ho....
@ei@imon w
,y W.4e4evI, cts.4a e caooed e 0 d
,4alenland@,4e4;a,(OlIA,.V,.t - - ,
va,,4 gal.1 n,
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July 1, 1985
9
Item II-G.2
PRESENTATION ITEM 23857
Mayor Heischober preseiited a RESOLUTION OF APPRECIATION to:
Louise 0. McManus
Arts and Humanities Commission
Louise McManus ACCEPTED this Resolution. Her daughter was also in atteadance.
This RESOLUTION recognized Mrs. McManus' dedication aiid unselfish service as
a MEMBER and CHAIRMAN of the ARTS AND HUMANITIES COMISSION.
July 1, 1985
- 10 -
Item 11-G.3
PRESENTATION ITEM # 23858
Mayor Heischober introduced two BRITISH FIRE OFFICERS visitilig the City:
Harry Paviour
Ronald Peake
These Fire Oficers were part of an EXCHANGE PROGRAM between the City of Virgiiiia
Beach and the County of Kent.
A Framed City Seal and a Jefferson Cup were preseiited to each of the Fire Officers
by the Mayor. They, in turn, presented gifts to the Mayor from the Couiity of Kent.
July 1, 1985
Item 11-G.4.5
PRESENTATIONS ITEM # 23859
Mayor Heischober INTRODUCED:
Cheryl Strange
Miss Virgiiiia Beach
Donna Daout
Miss Tidewater
The Mayor presented each with a JEFFERSON CUP embossed with the City Seal.
July 1, 1985
- 12 -
Item II-G.6
PRESENTATION ITEM # 23860
Mayor Heischober introduced Couiicilwoman Nancy Creech, President of the
NEPTUNE FESTIVAL BOARD OF DIRECTORS. Councilwoman Creech further intro-
duced Douglas Talbot, Chairman of the TWELFTH ANNUAL NEPTUNE FESTIVAL, who
in turn presented King Neptune The Twelfth,Michael C. Savvides, atid his
wife, Gypsy, as well as the NEPTUNE FESTIVAL PRINCESSES and the ROYAL LADIES
OF THE REALM.
Each of the Princesses presented the Mayor and City Council with representative
gifts of the NEPTUNE FESTLVAL.
Tom Flanders, Chairman of the 1984 NEPTUNE FESTIVAL, presented City Couiicil
with a Check in the amount of $10,000 to further reduce the loan made to
the NEPTUNE FESTIVAL by the City.
July 1, 1985
- 13 -
Item II-G.7
ADD-ON ITEM # 23861
A motion was made by Couiicilman McCoy, seconded by Councilman Louis Jolies to
have the City Attorney DRAFT aii Ordinance REPEALING an Ordinance to Add
Section 21-259 to the Code of the City of Virginia Beach, Virgiiiia, pertaiiiing
to TRUCKS on ATLANTLC AVENUE, and place on City Couiicil's AGENDA of July
8, 1985.
Voting: 5-6 (MOTION DEFEATED)
Council Members Voting Aye:
Barbara M. Henley, Louis R. Jolies, Vice Mayor
Reba S. McClanan, J. Heiiry McCoy, Jr., D.D.S., aiid
Meyera E. Oberndorf
Couticil Members Votng Nay:
John A. Baum, Naiicy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jeniiings, Jr.,
and Robert G. Jones
Council Members Absent:
None
July 1, 1985
- 14 -
Item 11-H. I
PLANNING ITEM # 23862
Upon motion by Councilman Jennings, seconded by Coulicilman Fentress, City
Council ADOPTED an Ordinance closiiig, vacating and discontinuing a 30-foot
unnamed laiid and cul-de-sac adjoiiiing Lots 85-96, Section 1, Cavalier Park
in the petitioii of the ESTATE OF W. TAYLOR JOHNSON, SR.
FINAL APPROVAL
Application of the Estate of W. Taylor Johnson, Sr., for
the discolitinuance, closure and abandoiimeiit of a 30-foot
uiiamed lane aiid cul-de-sac adjoining Lots 85-96, Sectioii
1, Cavalier Park. Said parcel contains 12,984 square
feet. LYNNHAVEN BOROUGH.
Votirig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, 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
July 1, 1985
- 14a -
FINAL APPROVAL - July 1, 1985
ORDINANCE NO.
IN THE HATTER OF CLOSING, VACATING, AND DISCONTINUING THAT
CERTAIN STREET KNOWN AS 30' LANE (UNNAt4ED) , LOCATED IN THE
LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THAT CERTAIN PHYSICAL SURVEY ENTITLED, 'PHYSICAL SURVEY
FOR STREET CLOSURE BEING AN UNNABIED 30' LANE & CUL-DE-SAC
ADJOINING LOTS 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 & 96 -
SECTION 1, CAVALIER PARK", WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by the Estate of W. Taylor Johnson, Sr. by W. Taylor
Johnson, Jr., Trustee, that he would make application to the
Council of the City of Virginia Beach, virginia, on 1
1984, to have the hereinafter described street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that said street
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 street be discontinued,
closed and vacated:
ALL THAT certain 30' Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and being more
particularly described as follows: Beginning at a
point in the southwest corner of Lot 96 as shown on
that certain physical survey entitled "Physical Survey
for Street Closure Being An unnamed 30' Lane &
Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91,
92, 93, 94, 95 & 96 - Section 1, Cavalier Park" which
said physical survey is intended to be recorded
herewith; and from said point of beginning thence N 03*
381 00" E 147.31 to a point; thence along a curve to
the left with a radius of 501 an arc distance of
283.641 to a point on the west side of the said 30'
Lane; thence S 03* 381 001 W 147.241 to a point on the
north side of Bay Colony Drive; thence in an easterly
direction 30 feet, more or less, along the north side
of Bay Colony Drive to the point of beginning.
Said parcel of land being a 301 Lane (Unnamed), cul-de-sac
and round traffic island, as indicated on that certain physical
survey of property entitled "Physical Survey for Street Closure
Being An Unnamed 301 Lane & Cul-De-Sac Adjoining Lots 85, 86, 87,
88, 89, 90, 91, 92, 93, 94, 95 & 96 - Section 1, Cavalier Park",
which physical survey 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,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
This ordinance shall be effective thirty (30) days from
the date of its adoption.
2
4WRLL PIIXS
CAT. NO.@.
3EInT-TC-n 3E3. MXXX-S
ATTORNEY ANO COUNSELLOR AT LAW
VIRGINIA BEACH, VIRGINIA 23452
TCL ... O.. 3.0-0500
CFPTIFICATE OF VESTING CF TITLE
September 4, 1984
The Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council;
I, Bruce B. tlills, attorney for the Estate of W. Taylor
Johnson, Sr., do hereby certify that:
1. I am an attorney at law and represent the Estate of W.
Taylor Johnson, Sr., current owner of the Property;
2. If the Property described below is discontinued, closed
and vacated bv the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in the Estate of W. Taylor
Johnson, Sr. the holder of the underlying fee in said property.
That the Estate of W. Taylor Johnson, Sr. owns of record all land
adjacent to the area to be closed.
The said property referred to herein is hereby described as
follows:
ALL THAT certain 30' Lane (Unnamed) being and located
in the City of Virginia Beach, Virginia, and being more
particularly described as follows: Beginning at a
point in the southwest corner of Lot 96 as shown on
that certain physical survey entitled "Physical Survey
for Street Closure Being An Unnamed 301 Lane &
Cul-De-Sac Adjoining Lots 85, 86, 87, 88, 89, 90, 91,
92, 93, 94, 95 & 96 - Section 1, Cavalier Park"; and
from said point of beginning thence N 031 381 00" E
147.3' to a point; thence along a curve to the left
with a radius of 501 an arc distance of 283.641 to a
point on the west side of the said 30' Lane; thence S
031 381 0011 w 147.241 to a point on the north side of
Bay Colony Drive; thence in an easterly direction 30
feet, more or less, along the north side of Bay Colony
Drive to the point of b@ginning.
yours very truly?
L
B"6e B. tlills
nson Sr.
d & cul-de-sac
ec. 1, Cavalier
Park
Lynnhaven BQrough
- 15 -
ltem 11-H.2
PLANNING ITE4 # 23863
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council GRANTED A SIXTY-DAY EXTENSION OF TIME for compliance of conditioiis
in the application of WILLIAM R. AND HELEN H. HOLZ for the closure of a
portion of Ego Drive (Lyniihaven Borough).
Applicatioii of William R. and Helen H. Holz for the dis-
continuance, closure and abandonment of a portion of Ego
Drive beginning at the eastern boundary of Matt Lane and
runniiig in an easterly direction a distance of 134.6 feet.
Said parcel is 50 feet in width and contains 3,358.30 square
feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy 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
July 1, 1985
- 16 -
Item 11-H.3
PLANNING ITEM # 23864
Attorney Grover Wright represeilted the applicaiit
Pamela Etheridge, represented her husbaiid, Al Etheridge who was hospitalized
The following spoke iii OPPOSITION:
Steve S. Dudley, represeiited the Priiicess Anne Plaza Civic League
Robiii Reese, represented the Princess Anne Plaza League and distributed
photographs to Couiicil of properties in Lyiinhaven Forest and Doyleway
across from the proposed rezoning application. These photographs dis-
played congestion.
Joanne Goyette, resident of Club House Circle
Jo Ryan, President of the Priiicess Aiiiie Plaza Civic League
Doris Whittingtoii, resident of Tobin Arch
Helen Dubanevich, resident of Pritchard Road
Lee Williams, Presideiit of the Doyleway CoMMULlity Civic League
Irv Douglas, President of the Council of Civic Organizations
Buddy Kiiig, resideiit of 200 Presidential Boulevard
A motion was made by Councilmaii Jenniiigs, seconded by Councilmati Fentress
to ADOPT aii Ordiiiance upoii application of INLYNNVIEW COMPANY, a Virgiiiia
Corporation, for a Change of Zoning from R-8 Residential District to A-2
Apartment District oii a 30-acre parcel located oti South Lytinhaven Road, between
the north intersection with Lyniihaveii Parkway and Siliiia Drive (Lyniihaven
Borough). Councilman Jeniiings advised this particular applicatioli adhered
to the precepts of the COMPREHNSIVE LAND USE PLAN, aiid was favorably re-
comnieiided by the Planniiig Commission, as well as the Plaiining Staff. The
Traffic ADaylsis requested by Couiicil revealed this particular developmetit
would not iiicrease the traffic volumes above the present capacity designed
for South Lynnhaveii Road.
A SUBSTITUTE MOTION was made by Vice Mayor McClanan, seconded by Councilman
Robert Joiies to DENY an Ordinance upoii application of INLYNNVLEW COMPANY, a
Virgiiiia Corporatioii for a Chatige of Zoning from R-8 Resideiitial District
to A-2 Apartme@it District on a 30-acre parcel located oLi South Lyniihaven
Road, between the tiorth intersectioii with Lynnhaveii Parkway and Siliiia Drive
(Lyiiiihaven Borough). Vice Mayor McClanaii advised her motion was based oti
paragraph four of the City Manager's letter quoting a portion of the Compre-
hensive Plan: " ....There may be be some particular sites along major roadways
iii the Study Area where moderate density iiicreases may be appropriate, but before
approval of any such iucreases, not oiily shoul-d the proposal meet the usual
criteria for compatibility atid environmental i.mpact, but it should also be
demoiistrated that no roadway inadequacy would result or be iticreased by such
de@isity iiicrease both oi) the subject parcel and oii other parcels to which the
same iticrease might apply."
Votilig. 4-6 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanaii, and
Meyera E. Oberndorf
Cou@icil Members Voting Nay:
Johii A. Baum, Nancy A. Creech, Robert E. Felitress,
Mayor Harold Heischober, H. Jack Jeiiiiings, Jr.,
and J. Henry McCoy, Jr., D.D.S.
Couiicil Members Absetit:
Noiie
Council Members Abstai@li@ig:
Barbara M. Heiiley
- 17 -
Item II-H.3
PLANNING ITEM # 23864 k'Colitiliued)
Upon motion by Couiicilmaii Jenniiigs, seconded by Councilmaii Fentress, CitY
Council ADOPTED an Ordiiiance upoii application of INLYNNVIEW COMPANY, a
Virginia Corporation, for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF INLYNNVIEW COMPANY, A
VIRGINIA CORPORATION, FOE A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO A-2 Z0785993
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinaiice upoii application of Inlyntiview Compaiiy, a Vir-
giiiia Corporation, for a Change of Zoning District Classi-
fication from R-8 Residential District to A-2 Apartment Dis-
trict on certain property located on the east side of South
Lynnhaveii Road, 420 feet iiorth of St. Albans Commons. Said
parcel contains 30 acres. Plats with more detailed infor-
matioii are available iii the Department of Planning. LYNNHAVEN
BOROUGH
The following conditions shall be required:
1. Approval is subject to covenants aiid conditions out-
liiied in an agreement oii file iii the Department of
Planning. This instrument is to be recorded in the
Clerk's Office of the Circuit Court of the City of
Virgiiiia Beach, Virginia.
2. The applicant has voluntarily agreed that at least
50% of the uiiits will be three-storied units.
Prior to the chaiiging of the official zoning maps, the followilig coliditions
shall be met:
1. Dedication of right-of-way aloug South Lynnhavell
Road to provide for an ultimate 94-foot right-of-
way as per the Master Street aiid Highway Plan and
the Virginia Beach Bikeway Plan.
2. Dedication of a variable width draiiiage easement
measured from the property line to 15 feet beyond the
top of the baiik along Loiidoii Bridge Greek.
This Ordinance shall be effective upoti the date of adoption.
Adopted by the Council of the City of Virgiiiia Beach, Virginia, on the
First day of July, Nineteen Hundred aiid Eighty-five.
July 1, 1985
- 18 -
Item 11-H.3
PLANNING ITEM # 23864 (Contiiiued)
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Louis R. Jones, Robert G. Joiies,
Vice Mayor Reba S. McClanaii, and
Meyera E. Oberndorf
Couacil Members Abstainiiig:
Barbara M. Henley
Couilcil Members Ab@et;
None
July 1, 1985
- 19 -
Item II-H.4
PLANNING ITEM # 23865
The City Attorney distributed copies of an AMENDED Ordinance to AMEND AND REORDAIN
Section 4.5 of the Subdivision Ordinaiice pertaiiiing to PUBLIC SITES AND OPEN SPACES.
"Public Sites" and "Open Spaces" were substituted for "Park Sites" in the verbage
of the Ordinance.
Vice Mayor McClanan referenced a further AMENDED Version of the Ordinance which
she distributed to City Council. Iii Section (b), liiie 4 beginiiing with
"However", she suggested the followilig change:
"....However, iii subdivisions where the resulting area to be
reserved for recreational purposes would be less thati two
(2) acres, and would serve iio useful public purpose, the
City Council may waive the open space
requiremetits.
AND, uiider Subsectioil (c), the following change:
"(c) As a further alternative to the requirements iii (a)
and (b) above, the developer may establish a homeowner's
associatioti to own and maintaiii open space and facilities.
If the developer chooses this option, he shall deed the
property and facilities t6 the homeowner's association.
No property and/or facility shall be deeded to a homeowlier's
association which cannot be used as deeded for inteiided
purposes. The amount of open space provided and the
iiature, extent alid availability of facilities or other
improvemeiits provided must be
approved by the City Departmelit of Parks
aiid Recreation to be useable and signed off as such
before the property is deeded to the homeowner's asso-
ciatioti. This shall fall into the same time frame as if
land were being dedicated or reserved.
AND, uiider Subsectioti (e), the following change:
"(e) The developer must provide clearly defined street aild
pedestrian access in readily useable
condition for the homeowners to the public sites and opeii
sites.
Couiicilmaii Louis Jones suggested under (b) (3) this paragraph begin with
the following words:
"(3) At the option of the City, the developer may contribute..."
Mayor Heischober suggested that uuder Subsection (b), the following change:
"(b) As au alternative to the requirement in (a) above,
the developer shall...."
(1), (2), (3), and (4) would theii follow as requirements.
Upon motioii by Councilmaii Louis Jolies, secoiided by Councilwoman Creech,
City Council DEFERRED INDEFINITELY aii Ordinance to AMEND AND REORDAIN Sectioil
4.5 of the Subdivision Ordiiiance pertaining to PUBLIC SITES AND OPEN SPACES.
The Department of Parks and Recreation is to provide Council with their
comments concerning same.
The City Attorney will provide Council with a DRAFT of this Ordinance as
I
lurther revised in their Agenda Package on July 8, 1985.
July 1, 1985
- 20 -
Item II-H.4
PLANNING ITEM # 23865 (Coiitiiiued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClalian, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Voting Nay:
None
Council Members Absent:
None
July 1, 1985
- 21 -
Item II-H.5
PLANNING ITEM # 23866
Attorney Glenn Croshaw, represented area residents aiid requested they
be advised of a DEFINITE date of DEFERRAL and be provided with a copy
of the PROPOSED Resolution concerning COMMERCIAL DEVELOPMENT in the GENERAL
BOOTH BOULEVARD AREA.
The following residents registered but did not speak:
Barbara Ferguson
Lou Pace
Glenn Taititer
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council DEFERRED until the City Council Meeting of August 12, 1985, the followiilg:
RESOLUTION TO AMEND AND REORDAIN THE COMPREHENSIVE
PLAN DATED JANUARY 23, 1985, REARDING COMMERCIAL
DEVELOPMENT IN THE GENERAL BOOTH BOULEVARD AREA.
This was incorrectly placed on Couacil's AGENDA as an ordinance. The City Attorney
distributed corrected copies of this as a Resolution and a further AMENDED version
including the words " with a miiiimum of ten (10) acres " in the third paragraph.
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 C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Voting Nay;
None
Council Members Absent:
None
July 1, 1985
- 22 -
Item II-1. I
ORDINANCES/RESOLUTIONS 1TEM # 23867
Thomas Ammons, Chairman of the Planniiig Commission, spoke concerning
this Ordinance
Rae LeSesiie, represented the Council of Civic Organizatioiis, and urged Council
to coiitinue to appoint members of the Planning Commission based upon their
qualifications and abilities, not oii their Borough represelitatioli
City Council did iiot take action on the followiiig:
ORDINANCE TO AMEND CHAPTER 2, SECTION 2-396 OF THE CODE
FOT THE CITY OF VIRGINIA BEACH AND TO MODIFY THE COMPOSITION
OF THE CITY'S PLANNING COMMISSION;
AND,
RESOLUTION PROPOSING ONE PLANNING COMMISSION MEMBER FOR EACH
OF THE SEVEN BOROUGHS WITH FOUR AT LARGE MEMBERS, AND RE-
COMMENDING THAT THE POLICY MANUAL NO. 15118 BE AMENDED.
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City
Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, SECTION 2-396 OF THE
CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE COMPOSITION,
ORGANIZATION, APPOINTMENT AND QUALIFICATIONS OF MEMBERS OF THE
PLANNING COMMISSION.
Votilig; 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. Joiles, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Votilig Nay.
None
Council Members Absent;
NoLie
July 1, 1985
- 22a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2, SECTION 2-396 OF THE CODE
OF THE CITY OF VIRGINIA BEACH PERTAINING
TO THE COMPOSITION, ORGANIZATION,
APPOINTMENT AND QUALIFICATIONS OF
MEMBERS OF THE PLANNING COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that Section 2-396 of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 2-396 Composition; organization, appointment and
qualifications of members.
The planning commission of the city shall consist of
shaii-be-organieed-as-previded-by-general-law of eleven (11)
members. One (1) member shall be appointed from among the
residents of each of the seven boroughs of the city, and the
four(4) additional members shall be appointed from the city at
large. The Commission shall be organized as provided by general
law. All members of the commission shall be appointed by the
council and shall be residents of the city, qualified by
knowledge and experience to make decisions on questions on
community growth and development; provided that at least
one-halt six (6) of the members so appointed shall be
freeholders.
This ordinance shall be effective from the date of its
adoption. i
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1st day of July 1985.
GLF/ih
06/26/85
(G) APPROVED AS TO CONTENT
SfGNATURE
DEPARTMENT
- 23 -
Item II-J.1.
ORDINANCES ITEM # 23868
Upoii motioii by Councilman Jennings, secoiided by Councilman McCoy, City Couiicil
DEFERRED INDEFINITELY an Ordinance to ameiid and reordain Section 21-364 of the
Code of the City of Virginia Beach, Virginia, pertaiiiing to GENERAL PARKING
PROHIBITIONS.
This Ordinance was DEFERRED to eiiable the City Attoriiey to AMEND same by
specifically addressing the Beach areas of the City as beiiig affected by this
Odinance.
Votiiig: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
Noiie
Coulicil Members Absent:
Noiie
July 1, 1985
- 24 -
Item 11-J.2
ORDINANCES ITEM # 23869
Upon motion Vice Mayor McClalian, seconded by Councilman Robert Jones, City
Couiicil ADOPTED AS AMENDEDan Ordinance to Add Sectioii 5-5.1 of the Code
of the City of Virgiiiia Beach pertainitig to DOG KILLING DOMESTIC ANIMALS.
"habitually" will be removed from Subsection (a), line 7, page 1 of
the aforementioned Ordinance.
Votilig: 9-1
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Ceech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jeniiiilgs, Jr., Louis R. Joiies, Robert G. JoLies, aiid
Vice Mayor Reba S. McClanan
COULICil Members Votiiig Nay;
J. Hetiry McCoy, Jr., D.D.S.
Council Members Abseiit:
None
Couiicil Members Abstainilig:
Meyera E. Oberndorf
July 1, 1985
- 24a -
AN ORDINANCE TO ADD S 5-5.1 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO DOG KILLING
DOMESTIC ANIMALS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT S 5-5.1 OF THE CODE OF THE CITY OF
VIRGINIA BEACH IS HEREBY ADDED TO READ AS FOLLOWS:
Section 5-5.1. Dog killing domestic animals.
(a) If any dog shall kill another dog(s) or domestic
animal(s), or if the animal warden, or his duly authorized a@ntl.
has reason to believe that such dog has killed another dog(s) or
domestic animal(s), the owner of such dog shall be summoned
before the general district court of the city to show cause why
such dog should not be destroyed. If it appears.from the
evidence that such dog has killed other dogs or domestic animals,
the court may order the dog destroyed in accordance with the.
provisions of S 29-213.88 of the Code of Virginia. It shall be
unlawful for any person to harbor or conceal any dog which has
been ordered destroyed by the general district court.
(b) Any person who owns any dog that has been ordered
killed pursuant to subsection (a) above by the general district
court and who appeals that decision to the circuit court shall be
responsible for the fees connected with the impoundment of the
dog by the bureau of animal control. If on appeal, the circuit
court determines that the dog should not be destroyed, no such
fees for impounding of the dog shall be assessed.
(c) The dog shall be confined by the bureau of animal
control pending a determination by the general district court.
pursuant to subsection (a) above and shall remain confined until
such time as all of the owner's appeals are exhausted.
(d) If the animal warden, or his duly authorized agent,
has reason to believe that any dog has killed another dog(s) or.
domestic animal(s), said dog may be taken into custody and
confined by the bureau of animal control pending determination by
the courts pursuant to this section.
Adopted on the lstday of July 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
4/3/85
6/26/85
(ORD I)
-2-
- 25 -
Item II-J.3
ORDINANCES ITEM # 23870
ADD-ON
In coiisideration for APPROVAL of the Minutes of June 24, 1985, City
Council DECLARED the Ordinaiice to Ameiid and Reordain Section 21-338 of the Code of
the City of Virginia Beach, Virgiiiia, pertaining to CHEMICAL TEST for ALCOHOL
CONTENT ADOPTED by the Council of the City of Virginia Beach, Virginia, on
June 24, 1985, NULL AND VOID.
Upon motion by Couiicilman Robert Jones, Seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance to Amend and Reordain Section 21-338 of the Code
of the City of Virginia Beach, Virginia, pertaining to CHEMICAL TEST for ALCOHOL
CONTENT comply with State Code Amendments effective July 1, 1985.
Votig: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan,
and Meyera E. Oberiidorf
Council Members Voting Nay:
None
Council Members Abseiit:
Robert E. Fentress and J. Henry McCoy, Jr., D.D.S.
J. OALE BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VI@5iNIA 23456-9002
(804) 427-4531
July 1, 1985
The Honorable Harold Heischober, Mayor
Members of City Council
Dear Mr. Mayor and Members of Council:
Due to an amendment to the State Code that did not appear
in the text of changes that was originally received by my
office, some additional changes to our City Code Section
21-338 have been made. Since the State Code amendment3 gO
into effect July 1, 1985, it is highly recommended that the
amendment to our Code be adopted today.
Very truly VOI-irs,
J. imson
C, rney
JDB/RMB/awj
cc: City Manager
City Clerk
- 25a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-338 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CHEMICAL TEST FOR
ALCOHOL CONTENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-338 of the Code of the City of Virginia
Beach, Virginia, pertaining to chemical test for alcohol content,
is hereby amended to read as follows:
Section 21-338. Chemical test to determine alcoholic content of
blood.
(a) As used in this section, "license" means any
driver's license,-
temporary driver's license or instruction permit authorizing the
operation of a motor vehicle upon the highways. The term
"division," as used in this section, means the state division of
consolidated laboratory services.
(b) Any person, whether licensed by the state or not,
who operates a motor vehicle upon-a-publie-iiiejhway in this city
shall be deemed thereby, as a condition of such operation, to
have consented to have a sample of his blood or breath taken for
a chemical test to determine the alcoholic content of his blood,
if such person is arrested for a violation of section 21-336,
within (2) hours of the alleged offense. Any person so arrested
shall elect to have either the blood or breath sample taken, but
not both. If either the blood test or the breath test is not
available, then the available test shall be taken. However, it
shall not be a matter of defense if the blood test or the breath
test is not available. In addition, if the accused elects a
breath test, he shall be entitled, upon request, to observe the
process of analysis and to see the blood-alcohol reading on the
equipment used to perform the breath test. If such equipment
automatically produces a written printout of the breath test
result, this written printout, or a copy thereof, shall be 2iven
to the accused in each case. be-required-te-have-eit)ter-the
(c) If a person, after being arrested for a violation
of section 21-336 and after having been advised by the arresting
officer that a person who operates a motor vehicle upon a public
highway in this city shall be deemed thereby, as a condition of
such operation, to have consented to have a sample of his blood
or breath taken for a chemical test to determine the alcoholic
content of his blood, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this city, then
refuses to permit the taking of a sample of his blood or breath
for such test, the arresting officer shall take the person
arrested before a committing magistrate . If he again so refuses
after having been further advised by such magistrate of the law
requiring a blood or breath test to be taken and the penalty for
refusal, and so declares again his refusal in writing, upon a
form provided by the division, or refuses or fails to so declare
in writing and such fact is certified as prescribed in subsection
(n) of this section, then no blood or breath sample shall be
taken even though he may thereafter request same.
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse
designated by order of a circuit court acting upon the
recommmedation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken
and using instruments sterilized by the accepted steam sterilizer
or some other sterilizer which will not affect the accuracy of
the test, or using chemically clean sterile disposable syringes,
-2-
shall withdraw blood for the purpose of detemining the alcoholic
content thereof. No Civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures.,--and-previded-EoL-therT-that The foregoing shall not
relieve any such person from liability for neqligence in the
withdrawing of any blood sample.
(e) Portions of the blood sample so withdrawn shall be
placed in each of two (2) vials provided by the division, which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showing on each the name of the accused, the
name of the person taking the blood sample and the date and time
the blood sample was taken. The vials shall be placed in two (2)
containers provided by the division, which containers shall be
sealed so as not to allow tampering with the contents. The
arresting or accompanying officer shall take possession of the
two (2) containers holding the vials as soon as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer taking
possession of the other container (hereinafter referred to as
second container) shall, immediately after taking possession of
the second container, give to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
list of those laboratories, approved by the division, and their
addresses-7-&PPreved-by-the-divisien@ Such form shall contain a
space for the accused or his counsel to direct the officer
possessing such second container to forward that container to
such approved laboratory for analysis, if desired. The officer
having the second container, after delivery of the form referred
to in the preceding sentence (unless at that time directed by the
accused in writing on such form to forward the second container
to an approved laboratory of the accused's choice, in which event
the officer shall do so), shall deliver the second container to
-3-
the chief of police or his duly authorized representative. The
chief of police or his representative upon receiving same shall
keep it in his possession for a period of seventy-two (72) hours,
during which time the accused or his counsel may, in writing, on
the form provided for hereinabove, direct the chief of police to
mail such second container to the laboratory of the accused's
choice chosen from the approved list.
(f) The testing of the contents of the second
container shall be made in the same manner as hereafter set forth
concerning the procedure to be followed by the division, and all
procedures established herein for transmittal, testing and
admission of the result in the trial of the case shall be the
same as for the sample sent to the division.
(g) A fee not to exceed
twenty-five ($25.00) shall be allowed the approved laboratory for
making the analysis of the second blood sample, which fee shall
be paid out of the appropriation for criminal charges. If the
person whose blood sample was withdrawn is subsequently convicted
for violation of section 21-336, the fee charged by the
laboratory for testing the blood sample shall be taxed as part of
the costs of the criminal case and shall be paid into the general
fund of the state treasury.
(h) If the chief of police is not directed, as
provided in this section, to mail the second container within
seventy-two (72) hours after receiving such container, he shall
destroy such container.
(i) Upon receipt of the blood sample forwarded to the
division for analysis, the division shall cause it to be examined
for alcoholic content and the director of the division or his
designated representative shall execute a certificate which shall
indicate the name of the accused, the date, time and by whom the
blood sample was received and examined, a statement that the
container seal had not been broken or otherwise tampered with, a
statement that the container was one provided by the division and
a statement of the alcoholic content of the sample. The
-4-
certificate attached to the vial from which the blood sample
examined was taken shall be returned to the clerk of the court in
which the charge will be heard. The certificate attached to the
container forwarded on behalf of the accused shall also be
returned to the clerk of the court in which the charge will be
heard, and, on motion of the accused, such certificate shall be
admissible in evidence when attested by the pathologist or by the
supervisor of the laboratory approved by the division.
(j) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
division, a report of the results of such analysis shall be made
and filed in that office. upon proper identification of the vial
into which the blood sample was placed, the certificate, as
provided for in this section, shall, when duly attested by the
director of the division or his designated representative, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis.
(k) Upon the request of the person whose blood or
breath sample was taken for a chemical test to determine the
alcoholic content of his blood, the results of such test or tests
shall be made available to him.
(1) A fee not exceeding ten dollars ($10.00) shall be
allowed the person withdrawing a blood sample in accordance with
this section, which fee shall be paid out of the appropriation
for criminal charges. If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section
21-336, or is placed under the purview of a probational,
educational or rehabilitational program, as set forth in section
18.2-271.1 of the Code of Virginia, the amount charged by the
person withdrawing the sample shall be taxed as part of the costs
of the criminal case and shall be paid into the general fund of
the state treasury.
(m) In any trial for a violation of section 21-336,
this section shall not otherwise limit the introduction of any
-5-
relevant 6vidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the
blood or breath test or tests, if any, consider such other
relevant evidence of the condition of the accused as shall be
admissible in evidence. The failure of an accused to permit a
sample of his blood or breath to be taken for a chemical test to
determine the alcoholic content of his blood is not evidence and
shall not be subject to comment by the prosecution at the trial
of the case, except in rebuttal; nor shall the fact that a blood
or breath test has had been offered the accused be evidence or
the subject of comment by the prosecution, except in rebuttal.
(n) The form referred to in subsection (c) of this
section shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal, a
declaration of refusal and lines for the signature of the person
from whom the blood or breath sample is sought, the date and the
signature of a witness to the signing. If such person refuses or
fails to execute such declaration, the committing justice, clerk
or assistant clerk shall certify such fact, and that the
committing justice, clerk or assistant clerk advised the person
arrested that such refusal or failure, if found to be
unreasonable, constitutes grounds for the revocation of such
person's license to drive. The committing or issuing justice,
clerk or assistant clerk shall forthwith issue a warrant charging
the person refusing to take the test to determine the alcoholic
content of his blood with violation of this section. The warrant
shall be executed in the same manner as criminal warrants. Venue
for the trial of the warrant shall lie in the court of the city
in which the offense of driving under the influence of
intoxicants is to be tried.
(o) The executed declaration of refusal or the
certificate of the committing justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the
committing justice, clerk or assistant clerk to the court in
-6-
which the offense of driving under the influence of intoxicants
shall be tried.
(p) When the court receives the declaration of refusal
or certificate referred to in subsection (o) of this section,
together with the warrant charging the defendant with refusing to
submit to having a sample of his blood or breath taken for the
determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such time as
the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
Upon request, the defendant shall be granted a trial by jury on
appeal to the circuit court.
(q) The declaration of refusal or certificate under
subsection (o), as the case may be, shall be prima facie evidence
that the defendant refused to submit to the taking of a sample of
his blood or breath to determine the alcoholic content of his
blood as provided hereinabove. However, this shall not be deemed
to prohibit the defendant from introducing, on his behalf,
evidence of the basis for his refusal to submit to the taking of
a sample of his blood or breath to determine the alcoholic
content of his blood. The court shall determine the reasona-
bleness of such refusal.
(r) If the court or jury finds the defendant guilty as
charged in the warrant issued under this section, the court shall
suspend the defendant's license for a period of
six (6) months for a first offense and for one (1) year for a
second or subsequent offense or refusal within one (1) year of
the first or other such refusals. The time shall be computed as
follows: The date of the first offense and the date of the
second or subsequent offense; however, if the defendant pleads
quilty to a violation of section 21-336, the court may dismiss
the warrant.
(s) The court shall forward the defendant's license to
the commissioner of the division of motor vehicles of Virginia as
in other cases of similar nature for suspension of license,
-7-
unless the defendant appeals his conviction. In such case the
court shall return the license to the defendant upon his appeal
being perfected.
(t) The procedure for appeal and trial shall be the
same as provided by law for misdemeanors; if requested by either
party, trial by jury shall be as provided in article 4 of chapter
15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia,
and the city shall be required to prove its case beyond a
reasonable doubt.
(u) No person arrested for a violation of section
21-336 shall be required to execute, in favor of any person or
corporation, a waiver or release of liability in connection with
the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(v) The court or the jury trying the case shall
determine the innocence or the guilt of the defendant from all
the evidence concerning his condition at the time of the alleged
offense.
(w) Chemical analysis of a person's breath, to be
considered valid under the provisions of this section, shall be
performed by an individual possessing a valid license from the
division to conduct such tests, with a type of equipment and in
accordance with the methods approved by the division. Such
breath-testing equipment shall be tested for its accuracy by the
division at least once every six (6) months. Any individual
conducting a breath test under the provisions of this section and
and as authorized by the division shall issue a certificate,
which will indicate that the test was conducted in accordance
with the manufacturer's specifications, the equipment on which
the breath test was conducted has been tested within the past six
(6) months and has been found to be accurate, the name of the
accused, the date, the time the sample was taken from the
accused, the alcoholic content of the sample and by whom the
sample was examined. Such certificate, when duly attested by the
authorized individual conducting the breath test, shall be
-8-
admissible in any court in any criminal or civil proceeding as
evidence of the facts therein stated and of the results of such
analysis. Any
such certificate of analysis purporting to be signed by a person
authorized by the division shall be admissible in evidence
without proof of seal or signature of the person whose name is
signed to it. The officer making the arrest, or anyone with him
at the time of the arrest, or anyone participating in the arrest
of the accused, if otherwise qualified to conduct such test as
provided by this section, may make the breath test or analyze the
results thereof. A copy of such certificate shall be forthwith
delivered to the accused.
(x) The steps set forth in this section relating to
the taking, handling, identification and disposition of blood or
breath samples are procedural in nature and not substantive.
Substantial compliance therewith shall be deemed to be
sufficient. Failure to comply with any one or more of such steps
or portions thereof, or a variance in the results of the two (2)
blood tests, shall not, of itself, be grounds for finding the
defendant not guilty, but shall go the weight of the evidence and
shall be considered as set forth above with all the evidence in
the case, provided that the defendant shall have the right to
introduce evidence on his own behalf to show noncompliance with
the aforesaid procedure or any part thereof, and that, as a
result, his rights were prejudiced.
This Ordinance shall become effective July 1, 1985.
Adopted this I day of July 1985, by the Council of
the City of Virginia Beach, Virginia.
RMB/da
(B)
6/18/85
7/1/85
-9-
- 26 -
Item II-K.
CONSENT AGENDA ITEM # 23871
Upon motion by Councilwomaii Creech, seconded by Councilman McCoy, City Council
APPROVED iii ONE MOTION Items 1 through 13 of the CONSENT AGENDA.
Voting: 10-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Felitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jenniiigs, Jr., Robert G.
Joties, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
aiid Meyera E. Oberndorf
Couiicil Members Voting Nay:
None
Council Members Abseiit:
Louis R. Joiies
July 1, 1985
Item II-K.1 - 27 -
CONSENT AGENDA ITEM # 23872
Upoii motioii by Councilwoman Creech, secoiided by Couiicilmaii McCoy, City Council
ADOPTED a RESOLUTION OF APPRECIATION to:
Louise 0. McManus
Member
Arts and Humanities Commission
Votilig: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClaiian, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Council Members Absent:
Louis R. Jones
July 1, 1985
- 27a -
RESOLUTION OF APPRECIATION
TO
LOUISE 0. McMANUS
WHEREAS: Louise 0. McManus served as a member of the
ARTS & HUMANITIES COMMISSION for eight years, having served
as Chairman 1983-1985, she served willingly and untiringly
in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, her dedication and
unselfish service have involved personal sacrifices and
inconveniences, not only to her but frequently to her family.
We trust much satisfaction was realized in successfully
administering in this advisory capacity--not only to City
Council but also to the citizens of this fast-growing
metropolis. 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 pauses in its deliberations to
express pride in and deepest gratitude for this service to
LOUISE 0. McMANUS
BE IT FURTHER RESOLVED: That this Resolution be framed
for presentation with a copy spread upon the Minutes of this
Regular Session of Virginia Beach City Council this First
day of July, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
July 1, 1985
- 28 -
Item II-K.2
CONSENT AGENDA ITEM # 23873
Upoii motion by Councilwoman Creech, seconded by CouDcilman McCoy, City Council
ADOPTED an Ordinaiice declaring certain PROPERTY EXCESS; AND, AUTHORIZING the
City Manager to dispose of same.
A 5,258-square foot parcel was acquired as a part of the NEWLIGHT COMMUNITY
DEVELOPMENT STREET IMPROVEMENTS PROJECT. This property is hereby coilveyed
to adjacent property owiiers, Mr. and Mrs. Harri6 Jenniilgs.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
July 1, 1985
28a
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MALNAGER TO DISPOSE OF SA-ME.
.1
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
i
i I
iVIRGINIA:
lqhereas, the City of Virginia Beach acquired ownership of the follow-
@iing described property by deed recorded in Deed Book 2244, at Page 1847.
Whereas, the City Council is of the opinion that the following
,described property is in the excess of the needs of the City of Virginia Beach.
i I
i@ NOW,.THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
;BEACH, VIRGINIAI-
1. That the following described property is hereby declared to be
in excess of the needs of the City of Virginia Beach and that the City Manager
l@is authorized to convey said property in the manner he deem in the best
',interests of the City of Virginia Beach reserving therein any and all easements
,Pertaining thereto.
All that certain portion of Parcel 046 outlined in red as it
appears on that certain plat entitled: "PLAT OF PROPERTY TO
BE ACQUIRED PARCEL 046 NEWLIGHT NEIGHBORIIOOD COMMUNITY
DEVELOPMENT PROPERTY OF MILTON J. AND RurH N. GILCHRIST
(DEED BOOK 1356, PAGE 552) KEMPSVILLE BOROUGH REV. MAY 26,
1982 VIRGINIA BEACH, VIRGINIA R. KENNETH WEEKS ENGINEERS
2733 TIDEWATER DRIVF NORFOLK, VIRGINIA 23509 (804) 625-
0395". Said plat is attached hereto and to which reference
is made for a more particular description.
It being specifically understood that the area declared
excess is only that portion of parcel 046 outlined in red
and containing 5,258 square feet.
It being in part, a portion of the land conveyed to the
City of Virginia Beach, Virginia by Milton J. Gilchrist,
and Ruth N. Gilchrist, husband and wife, by deed recorded
in Deed Book 2244, at Page 1847 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia
2. The property described above shall be assembled with the property
i'adjacent thereto and owned by Harris Jennings and Otealia Jennings, husband
,land wife. Furthermore, the southern boundary line of the patcel described in
aragraph two above shall be vacated so that the parcel adjacent thereto and
ir
currently owned by Harris Jennings and Otealia Jennings, husband and wife,
shall be incorporated into one lot.
July 1, 1985
28b
3. This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the day
of i,,Iy 85.
19
NOTE: State law requires a 0 CONTENT
three fourths vote ?f A",ROVED AS T
Council when disposing
of property. (9 votes) SIGNAT
DEPARTMENT
APPROVED AS TO FOPM
CITY ATT@)'!' @Y
July 1, 1985
- 29 -
Item II-K.3
CONSENT AGENDA IEM # 23874
Upon motion by Councilwomaii Creech, secoiided by Councilmaii McCoy, City Council
ADOPTED an Ordinance to authorize the acquisition of property in fee simple for
right-of-way for LONDON BRIDGE-POTTERS ROAD INTERSECTION PROJECT and the ac-
quisitioil of temporary and permaiieiit easements of right-of-way either by
agreement or by cotidemiiation aiid to transfer the necessary funds for acquisition
of land or interest iii said land.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
aLid Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abseiit:
Louis R. Jones
July 1, 1985
- 29a -
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR LONDON BRIDGE-POTTERS ROAD INTERSECTION PROJECT
AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEr4ENTS OF RIGHT-OF-WAY EITHER
BY AGREEKENT OR BY CONDENNATION AND TO
TRANSFER THE NECESSARY FUNDS FOR ACQUISITION
OF LAND OR INTEREST IN SAID LAND.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, a public necessity exists for the expansion of this
important project and for public purposes for the preservation of the
safety, health, peace, good order, comfort, convenience, morals and for
the welfare of the people in the City of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation, pursuant to Section
15.1-236 et seq. and Section 25-46.1 et seq., Code of Virginia of 1950,
as amended, all that certain real property, in fee simple, including
temporary and permanent easements as shown on that certain plat showing
a 110 foot easement, on file in the Department of Public Works,
Municipal Center, City of Virginia Beach, Virginia.
Section 2. The City Attorney is hereby authorized to make,
or cause to be made, on behalf of the City of Virginia Beach, a reaso-
nable offer to owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute pro-
ceedings to condemn said property.
Section 3. The project #2-028 London Bridge-Potters Road
Intersection is hereby established as a capital project and funds of
$107,000 are hereby transferred from project #2-823 Salem Canal
Improvements-Phase I to cover the cost of the acquisition of land or
interest in said land.
Section 4. That an emergency is hereby declared to exist and
this ordinance shall be in force and effect from the date of its adop-
tion.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1 day of July 1985.
July 1, 1985
RATS/ORD9
- 30 -
Item II-K.4
CONSENT AGENDA IEM # 23875
Upon motion by Councilwoman Creech, seconded by Couiicilman McCoy, City Council,
pursuant to Section 2-166 of the Code of the City of Virginia Beach, CONFIRMED
the AppoiDtmerit of NIANZA WALLACE as Assistant City Attorney as of July 1, 1985,
Voting: 10-0
Couiicil Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Joiies, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Couiicil Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
July 1, 1985
- 31 -
Item II-K.5
CONSENT AGENDA ITEM # 23876
Upon motion by Councilwoman Creech, secoiided by Councilman McCoy, City Couiicil
ADOPTED an Ordinance, on SECOND READING, to accept and appropriate a gralit of
$9,685,684 from the U.S. DEPARTMENT OF EDUCATION for PROJECT # 1-937 SALF24
JUNIOR HIGH SCHOOL.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClaiian, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Abseiit:
Louis R. Jones
July 1, 1985
- 31a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT OF $9,685,684
FROM THE U. S. DEPARTMENT OF EDUCATION
FOR PROJECT #1-937 SALEM JUNIOR HIGH SCHOOL
WHEREAS, the City of Virginia Beach School Board has applied for
and received approval of a grant from the United States Department of
Education for construction of a junior high school along Recreation Drive
which is designated as project #1-937 Salem Junior High School, and
WHEREAS, the amount of the federal grant is estimated at
$9,684,685, and
WHEREAS, in order to properly account for these funds, it will
be necessary to record the grant as revenue and to appropriate the funds to
project #1-937.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the grant of $9,684,685 from the United States
Department o@ Education is hereby accepted and the funds are appropriated to
project #1-937 Salem Junior High School in the School Capital Projects Fund.
BE IT FURTHER ORDAINED, that the appropriations be offset by an
increase of $9,684,685 in estimated revenues in the Engineering and Highways
CaDital Project Fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
First July 85
day of 19
June 24, 1985
FIRST READING:
SECOND READING: July 1, 1985
July 1, 1985
32 -
Item II-K.6
CONSENT AGENDA ITEM # 23877
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
A-PPROVED aii Ordiriance, on FIRST READING, to accept and appropriate a GRANT
AWARD in the amount of $2,466,000 from the DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT to the COMMUNITY DEVELOPMENT ELEVENTH PROGRAM YEAR.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Louis R. Jones
July 1, 1985
- 32 a -
AN ORDTHANCE TO ACCEPT A GRANT AWAAO
FROM THE OEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND TO APPROPRIATE
FUNDING FOR THE COMMUNITY DEVELOPMENT
ELEVENTH PROGRAM YEAR
WHEREAS, the Department of Housing and Urban Development (HIJD) has awarded
a grant of $2,466,000 for funding the Community Development Eleventh Proqram
Year, and
WHEREAS, the Department of Housing and Urban Development has approved the
Community Development Eleventh Program Year budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That funding from HUD be accepted and funds appropriated for the following
projects and purposes:
APPROPRIATIONS ACTIVITY
$ 4oo,ooo Gracetown Streets/Drainage Improvements - Construction
155,000 Lake Smith Water/@ewer/Streets/Drainage Improvements -
Additional Construction Costs
200,000 Newsome Farm Street/Drainage Improvements - Acquisition
26,ooo Queen City llater/Sewer - Fngineering
54i,ooo Seatack Street/Drainage Improvements Phase IIA - Acquisi-
tion/Construction
164,833 Housing Rehabilitation
175,500 Replacement Housing/Relocation
105,000 Last Resort Housing Loans
25,000 Homesharing Program
46,7o4 Code Enforcement/Demolition/Clearance
169,296 Housing Programs Administration
4,595 Black Heritaqe Awareness Cultural Activities
284,322 General Management and Oversicht
168,750 Contingencies
$2, 000 TOTAL APPROPRIATIONS
That the appropriations wil I be financed by $2,466,000 in federal funds fron
the Department of Housing and Urban Development.
FIRST READING: July 1, 1985
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the day of
1 1985.
Approved As To Content: Approved as to Form:
Mar,, David S. Hay,,tity Attorney
Department of Hoysing & Com- City Attorney's nffice
munity Development
July 1, 1985
- 33 -
Item II-K.7
CONSENT AGENDA ITEM # 23878
UpoLi motion by Councilman Creech, seconded by Couiicilman McCoy, CitY Couticil
ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion
of the right-of-way of PACIFIC AVENUE to ASHBURTON CORPORATION, its assigns
and successors iii title.
This Ericroachment shall be subject to the following coliditiolls:
1. The owner agrees to remove the encroachmedt when
notified by the City, at no expelise to the City.
2. The owner agrees to keep and hold the City free
and harmless of aiiy liability as a result of the
eiicroachment.
3. The owiier agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. This eiicroachment shall not be in effect until aii
agreement has beeti executed eiicompassing the above
conditions.
Voti@ig: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClatiaii, J. Hetiry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
Louis R. Jones
July 1, 1985
- 33a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF PACIFIC AVENUE, TO
ASHBURTON CORPORATION, ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Ashburton Corporation, its assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of Pacific
Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a flush mounted
sign with a 4" overhang into City's right-of-way to serve J.
Edgar's Restaurant and that said encroachment shall be
constructed in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Pacific
Avenue as shown on that certain plat
entitled: "PHYSICAL SURVEY OF SOUTHERN
401 OF LOT 22 PLAT OF VIRGINIA BEACH
(M.B. 1, PG. 20) VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA FOR PAUL
ANGELSON SCALE: 11=101,' a copy of which
is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Ashburton Corporation, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Pacific Avenue and that Ashburton
July 1, 1985
- 33b -
Corporation, its assigns and successors in title shall bear all
costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that Ashburton Corporation, its assigns and successors
in title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment;
and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Ashburton Corporation executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the I day of July 19 85
GLF/re
5/9/85
(29A)
APPROVki) A!i 10 CONT t-4;,@.
6*NAYM
AS TO FPR*
SIGNATUFM
CITY ATTORNEY
July 1, 1985
33c
T141S IS TO CERTIOY THATON 178:s
SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND PHYSICAL IMPRO
PLAT. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES A
MENTS OR VISIBLE EASEMENTS EXCEFR AS SHOWN.
MILLER - FOX - STEPHENSON. F.C.
By:
,a4ooe,6f 5 AWOeA4.1 V-VZZIS
M Z34OZ iW/5/Z
cavolr
CLEC7,ZAC Ir -O.% 76,
70e r B L t9C,<
4t / 7,09
r i"rIA(e&
@
'09. sz, awa Tcispvavr- av
Of .10 7 7 A66 to 73
PHYSICAL SURVEY
OF
SOUTHERN 40' OF LOT 22
*PLAT OF VIRGINIA BEACH'
(M.B. 1, PG. 20)
VIRGINIA BEACH BOROUGH, VIRGINIA BFACH, VIRGINIA
THIS PROPERTY
hPPEARS TO BE FOR
IN ZONE *C"
(NO HAZARD ZONE) PAUL ANGELSON
kS SHOWN ON PANEL i.ly 1, 1985
20 OF THE FLOOD SCALE: I" o 101
HAZARD BOUNDARY
4APS, CITY OF
VIRGINIA BEACH, VIRGINIA,
DATED JANUARY 17, 1985.
33d
IF
LA
July 1, 1985
- 34 -
Item II-K.8
CONSENT AGENDA ITEM # 23879
Upon motion by Couiicilwomaii Creech, secoiided by Councilmaii McCoy, City Council
ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion
of the right-of-way of ATLANTIC AVENUE, to ICE CREAM ALLEY, INC., its
assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachme@it when
notified by the City, at no expense to the City.
2. The owiier agrees to keep and hold the City free
and harmless of any liability as a result of the
eiicroachmeKit.
3. The owner agrees to maiiitain said encroachment so
as not to become unsightly or a hazard.
4. This encroachmelit shall not be iii effect until an
agreemeilt has been executed eiicompassing the above
coiiditions.
Votiiig: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClaiian, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Couiicil Members Voting Nay:
Notie
Couiicil Members Absent:
Louis R. Joiies
July 1, 1985
3-5
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF ATLANTIC AVENUE, TO ICE
CREAM ALLEY, INC., ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Ice Cream Alley, Inc., its assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of Atlantic
Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining an on premise
flush mounted advertising sign to extend 911 into City's
right-of-way and that said encroachment shall be constructed in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, aliqnment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Atlantic
Avenue as shown on that certain plat
entitled: '11616 ATLANTIC AVENUE VA. BEACH
VA. 23451,' a copy of which is on file in
the Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Ice Cream Alley, Inc., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Atlantic Avenue and that Ice Cream Alley,
Inc., its assigns and successors in title shall bear all costs
and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that Ice Cream Alley, Inc., its assigns and successors
in title shall indemnify and hold harmless the City of Virginia
- 36 -
Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment;
and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Ice Cream Alley, Inc., executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1 day of July 19 85.
GLF/re
5/10/85
(29B)
APPROVED AS TO
SIGNATURE
DEPARTMENT
-2-
37 AW4
516,3 /-C.(I,9-/O,
S7i
K-
44'
L
JulY 1, 1985
- 38 -
Item II-K.9
CONSENT AGENDA ITEM # 23880
Upon motion by Cuncilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinaiice to authorize a temporary ENCROACHMENT iiito
a portion of certain City property knowii as 100-foot strip surrounding
LAKE BRADFORD, to PLEASURE ROUSE STATION,INC., its assigns and successors
in title.
This Encroachment shall be subject to the following conditiolis:
1. The owiier agrees to remove the elicroachment when
iiotified by the City, at iio expense to the City.
2. The owner agrees to keep aild hold the City free
and harmless of aiiy liability as a result of the
eucroachmerit.
3. The owlier agrees to maiiitain said encroachmeiit so
as aot to be come unsightly or a hazard.
4. The owner agrees not to commeiice coiistructioii within
the 100-foot strip surrounding Lake Bradford until
such time as notice has beeri provided to show that
the City of Norfolk will not invoke its reverter
clause option by reason of the encroachmelit.
5. This eiicrochment shall not be in effect ulitil ati
agreemeiit has been executed encompassing the above
conditions.
Voting: 10-0
Couiicil Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fetitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
aiid Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Couiicil Members Absent:
Louis R. Jones July 1, 1985
- 38a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CERTAIN
CITY PROPERTY KNOWN AS 100-FOOT STRIP
SURROUNDING LAKE BRADFORD, TO PLEASURE
HOUSE STATION, INC., ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Pleasure House Station, Inc. its assiqns and
successors in title are authorized to construct and maintain a
temporary encroachment into a portion of certain City property
known as 100-foot strip surroundinq Lake Bradford.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 18'
storm drain to serve the Columbus House Station Condominurns and
that said encroachment shall be constructed in accordance with
the City of Virqinia Beach Public Works Department's
specifications as to size, aliqnment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion of
the certain City property known as
100-foot strip surrounding Lake Bradford
as shown on that certain plat entitled:
"SITE IMPROVEMENT PLAN PLEASURE HOUSE
STATION BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA ROUSE - SIRINE ASSOCIATES, LTD.
SURVEYORS, ENGINEERS, PLANNERS VIRGINIA
BEACH, VIRGINIA," a copy of which is on
file in the Virginia Beach Department of
Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporarv encroachment
herein authorized shall tertninate upon notice by the City of
Virginia Beach to any officer of Pleasure House Station, Inc.,
its assigns and successors in title and within thirty (30) days
after such notice is qiven, said encroachment shall be removed
from certain City property known as 100-foot strip surrounding
Lake Bradford and that Pleasure House Station, Inc., its assigns
JulY 1, 1985
- 38b -
successors in title shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that Pleasure House Station, Inc., its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Pleasure House Station, Inc., executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
1 July 85
Virginia, on the day of 19
GLF/re
5/22/85
(29H)
APPROVED AS TO Cot4-.
EPARTMETT-
-2-
July 1, 1985
38c
%
@LEASURE MOUSE ROAD
rli
PLEASURE HO
It Ill
July 1, 1985
- 39 -
Item II-K.10
CONSENT AGENDA ITEM # 23881
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED aii Ordinance appoititing VIEWERS in the petition of 24th
STREET ASSOCIATES for the closure of a portioii of 25th Street. (Lyniihaven
Borough).
The Viewers are:
Robert J. Scott Director of Plaiiiiiiig
C. Oral Lambert, Jr., Director of Public Works
David M. Grochmal Director of General Services
Votilig: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
aiid Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abseiit:
Louis R. Joiies
July 1, 1985
39a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, 24th Street Associates, a Virginia General
Partnership, has given due and proper notice in accordance with
the statutes for such cases made and provided that they will on
the day of July
- - 1 1985, apply to the City
Council of the City of Virginia Beach, Virginia for the
appointment of viewers to view the below described property and
report in writing to the Council whether, in the opinion of said
viewers, any, and if any, what inconvenience would result in the
discontinuance of the hereinafter described portion of that
certain street of variable width, and have filed such application
with Council.
NOW THEREFORE, be it ORDAINED by the Council of the city of
Virginia Beach:
THAT C. Oral Lambert, Jr.
Robert J. Scott and
David M. Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result from the
discontinuing and vacating of a portion of that certain street of
variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
Beginning at a point in the eastern side of
Barberton Drive, formerly Woodland Avenue, which
point is also the southeastern terminus of the
intersection of 25th Street, formerly "E" Street,
39b
with the eastern side of Barberton Drive, formerly
Woodland Avenue, and from said point north 30
degrees 13 minutes east, 50 feet to a point in the
north side of 25th Street which is also the
northeastern terminus point of Barberton Drive and
25th Street, thence south 59 degrees 47 minutes
east along the north side of 25th Street, 615 feet
to a point in the north side of 25th Street,
thence south 22 degrees 56 minutes west, 50 feet
to a point in the south side of 25th Street,
thence north 59 degrees 47 minutes west, 620 feet
to the point of beginning along the south side of
25th Street.
All as shown bn the plat of Woodland, property of
Noranne Realty Corporation, Princess Anne County,
Virginia, made by S. W. Armistead, C.E., 111 =
1001, dated August, 1925, and recorded in Map Book
7, at page 98 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach; Woodland
Avenue on said plat now being Barberton Drive and
"E" Street now being 25th Street.
All the above as shown on the aforedescribed plat which plat
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed Street.
ADOPTED: July 1, 1985
JulY 1, 1985
- 39c -
By Counsel
a@rryp@andolph/K(i
CATON & KOCH,IP.C
2508 cific 4venue
Post Office Box 42
Virginia Beach, Virginia 23458
JulY 1, 1985
39d -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET KNOWN AS 25TH STREET, FORMERLY KNOWN AS "E"
STREET, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "WOODLAND,
PROPERTY OF NORANNE REALTY CORPORATION, PRINCESS ANNE COUNTY, NOW
CITY OF VIRGINIA BEACH.
PETITION
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, 24th Street ASsociates, a Virginia General
Partnership, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street which is more specifically described as follows:
Beginning at a point in the eastern side of
Barberton Drive, formerly Woodland Avenue, which
point is also the southeast@rn terminus of the
intersection of 25th Street, formerly "E" Street,
with the eastern side of Barberton Drive, formerly
Woodland Avenue, and from said point north 30
degrees 13 minutes east, 50 feet to a point in the
northeastern terminus point of Barberton Drive and
25th Street, thence south 59 degrees 47 minutes to
a point in the north side of 25th Street, thence
south 22 degrees 56 minutes west, 50 feet to a
point in the south side of 25th Street, thence
north 59 degrees 47 minutes west, 620 feet to the
point of beginning along the south side of 25th
Street.
All as shown on the plat of Woodland, property of
Noranne Realty Corporation, Princess Anne County,
Virginia, made by S. W. Armistead, C.E., 1" =
100', dated August, 1925, and recorded in Map Book
7, at page 98 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach; Woodland
Avenue on said plat now being Barberton Drive and
"E" Street now being 25th street.
2. That no inconvenience will result to any persons by
reason of the closing, vacation and discontinuance of the Street.
July 8, 1985
39e -
3. That your Petitioner prays that the Council appoint
viewers as provided by law to view the platted Street proposed to
be closed and to report in writing to the City Council on or
before the day of 1 1985, as to
whether in the opinion of said viewers, what inconvenience, if
any, would result from the discontinuance and closing of this
portion of the Street as herein reported and described.
4. That on the day of 1985,
and on the day of 1985, notice
of the presenting of this application was published in the Beacon,
a newspaper of general circulation in the City of Virginia Beach,
Virginia.
5. That the fee simple owners of all land along and
adjacent to and affected by the platted street are Jerry F.
McDonald, from whom your Petitioners hold an equitable interest by
real estate contract of purchase, Steingold Family Trust, Bank of
Virginia Trust Company and Lewis Steingold, Trustees, %Maurice
Steingold, Post office Box 3202, Norfolk, Virginia 23514; Cephas
L. Moses and Betty J. Moses; Maurice E. Tower; and Bentley W.
Jensen; Frederick P. Aucamp; W. D. White and Phyllis G. White;
Thomas J. Walsh and Lorraine G. Walsh, Marsh Street Condominium
Unit Owners Association; and the owner of the end of the street
where 25th Street dead ends in the City of Virginia Beach.
Respectfully submitted,
24TH STREET ASSOCIATES
A Virginia General Partnership
July 1, 1985
39f
CATC)N KOCH, P.C.
II(G@[A B@.ACIH. 2.i I
EIIWARII 1. CATI)N Ak@ A COI@E 60@
B,@R) PANI@OLT'li KOCfi
CERTIFICATE OF VESTING OF TITLE
1, Barry Randolph Koch, attorney for 24th Street Associates,
a Virginia General Partnership, do hereby certify that:
1. I am an attorney-at-law and represent the Petitioner.
2 . If the property described below iS discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Commerce
Corporation Of Norfolk, a Virginia Stock Corporation, the holder
of the underlying fee in said property from whom the applicant is
purchasing the fee in the street, and who will be the contract
equitable title holder thereof prior to the time this matter is
heard by City Council.
The said property referred to herein is hereby described as
follows:
Beginning at a point in the eastern Side of
Barberton Drive, formerly Woodland Avenue, which
Point is also the southeastern terminus of the
intersection of 25th Street, formerly "E" Street,
with the eastern side of Barberton Drive, formerly
Woodland Avenue, and from said point north 30
degrees 13 minutes east, 50 feet to a point in the
north side of 25th Street which is also the
northeastern terminus point of Barberton Drive and
25th Street, thence south 59 degrees 47 minutes
east along the north side of 25th Street, 615 feet
to a point in the north side of 25th Street,
thence soutli 22 degrees 56 minutes west, 50 feet
to a point in the south side of 25th Street,
July 1, 1985
39g -
thence north 59 degrees 47 minutes west, 620 feet
to the point of beginning along the south side of
25th Street.
All at shown on the plat of Woodland, property of
Noranne Realty Corporation, Princess Anne County,
Virginia, made by S. W. Armistead, C.E., 1" =
1001, dated August, 1925, and recorded in Map Book
7, at page 98 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,- Woodland
Avenue on said plat now being Barberton Drive and
"E" Street now being 25,th Street.
C. H, P.C.
By:
]5a y Rando2ph Koch
At rney for 24th Stleet-
Ast-ociates
July 1, 1985
39h
th Street Assoc., a Virginia Gen,
rtnership - portion of 25th St.
nhaven Borough Jul 1 1985
- 40 -
Item II-K.11
CONSENT AGENDA ITEM # 23882
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the LOW BID of J. G. HORTON AND SON in the amount of $186,205
for the LYNNHAVEN PARK RACQUETBALL COURTS PROJECT (CIP 4-915); AND, AUTHORIZED
the City Maiiager to enter ilito the necegsary agreements for the implementatioll
of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
July 1, 1985
- 41 -
Item 11-K.12
CONSENT AGENDA ITEM # 23883
Upon motion by Councilwoman Creech, secoiided by Councilman McCoy, City
Council APPROVED the followng RAFFLE PERMIT:
MESSIAH LUTHERAN CHURCH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanaii, J. Henry McCoy, Jr., D.D.S.,
aiid Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
Louis R. Jones
July 1, 1985
- 41
Item II-K.13.
CONSENT AGENDA ITEM # 23884
Upon motioii by Councilwoman Creech, secotided by Couiicilman McCoy, City
Council ADOPTED an Ordinaiice authorizing License Refunds in the amount of
$1,156.78 upon application of Certain Persons and upon Certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanaii, J. Henry McCoy, Jr., D.D.S.,
alid Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
July 1, 1985
41b
FORM NO. C.A. 8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION C)F 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
Ansell, Charles R..& Yoder, R. L.
T/A Ansell Yoder Associates
109 Holly Crescent, S-201
Va. Beach, VA 23451 Audit 1983/84 89.53 89.53
Hudson, S. B., MD, PC
2380 Bays Edge Avenue
Va. Beach, VA 23451 Audit 1983 438.85 438.85
Moulinex Regal, Inc.
T/A Moulinex Regal Factory Outlet
2820 Crusader Circle
Va. Beach, VA 23456 1984 06/13/84 628.40 628.40
Certified as to Payment:
Commissioner of Revenue
Approved as t m:
@te Bimson
This ordinance shall be effective from date of ity Attorney
adoption.
The above abatemengs) totaling 1,156.78 were approved by the Council
1 July
of the City of Virginia Beach on the -day of
Ruth Hodges Smith
City Clerk
July 1, 1985
- 42 -
Item 11-L.I.2.
APPOINTMENTS ITEM # 23885
BY CONSENSUS, City Couiicil RESCHEDULED the followitig appointments:
PLANNING COMMISSION
LOCAL GOVERNMENT STUDY COMMISSION
July 1, 1985
- 43 -
Item II-N.1
NEW BUSINESS ITEM # 23886
Attorney Robert Cromwell represented the applicant
Franklin R. R Wiley, Executive Vice-president of the Ramon Breeden Companies,
advised the commercial construction would be limited to oile floor and 8,000
square feet.
Upon motioii by Councilman Louis Jones, seconded by Councilman McCoy, City
Couiicil will CONSIDER, as per the request of the RAMON W. BREEDEN COMPANIES,
a WAIVER of a condition of a VOLUNTARY PROFFER (Granted upon a Change
of Zonilig on September 12, 1983, upon application of INTERNATIONAL PARKWAY
INVESTMENT PROPERTIES, SEVEN D CORPORATION, AND SEVEN A CORPORATION from
B-3 to B-4 in the BAYSIDE BOROUGH).
The condition requested for removal is:
"If multiple-family dwellings are constructed on the
property, no other use shall be made of the property."
City Council will CONSIDER a WAIVER of this colidition on August 5, 1985,
Voting: 9-2
Council Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jeiinings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanali, aiid J. Henry McCoy, Jr., D.D.S.
Council Members Votiiig Nay:
Barbara M. Henley and Meyera E. Oberlidorf
Coulicil Members Absent:
Noiie
July 1, 1985
- 44 -
Item II-N.2
NEW BUSINESS ITEM # 23887
Chief Charles R. Wall advised City Council of the ENHANCED 9-1-1 system (E-911).
This particular system has a feature known as ALI, or Automatic Location
Identification. Withili two seconds of receiving the call in the EMERGENCY
OPERATIONS CENTER, the ALI will display on a video terminal the caller's telephone
number, the address, alid any other location iiiformation which may be pertinent
to expedite respoiise.
E-911 could be provided to the citizens at a very minimal cost. By ADOPTION of an
Ordiiiance, City Council could authorize a surcharge on local telephone service,
costing subscribers an estimated twenty-eight (28cts) cents per month during the
two-year implementation period, and approximately twenty-three (23cts) cents per
moiith thereafter to eiicompass maiiiteiiaiice charges.
Upoii motion by Councilman Jennings, seconded by Couiicilwomall Creech, City
Council AUTHORIZED a LETTER OF INTENT for enhaticement of EMERGENCY TELEPHONE NO.
911 to CONTINENTAL TELEPHONE.
Councilman Baum requested staff submit a colored map of the areas where this
ENHANCED 9-1-1 system would apply.
Votiiig: 10-0
Council Members Votiiig 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, aiid
Meyera E. Oberndorf
Couacil Members Voting Nay:
None
Council Members Absent:
J. lleliry McCoy, Jr., D.D.S.
- 45 -
Item II-N.3
NEW BUSINESS ITEM # 23888
Upon motion by Councilman Louis Joiies, seconded by Councilmaii Fetitress, City
Council CANCELLED the regular meetiiig of September 2, 1985 (LABOR DAY).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberadorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
July 1, 1985
- 46 -
Itein II-N.3a.
NEW BUSLNESS
ADD-ON ITEM # 23889
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council RESCHEDULED the regular meeting of September 23, 1985 (Annual
Virginia Muiiicipal League Conference in Roanoke, Virginia) to Monday,
September 30, 1985, at 7:00 P.M.
Votiiig: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiiiings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Couiicil Members Votilig Nay:
None
Couticil Members Abseiit:
J. Heiiry McCoy, Jr., D.D.S.
July 1, 1985
- 47 -
Item II-N.4
NEW BUSINESS ITEM # 23890
Upon motion by Councilman Jeniiings, seconded by Councilman Baum, City
Council RESCHEDULED the SEMI-ANNUAL MEETING WITH DIRECT APPOINTEES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
July 1, 1985
- 48 -
Item II-N.5
NEW BUSINESS ITEM # 23891
ADD-ON
Due to the BRIEIFING regarding the CAPITAL LMPROVEMENT PROGRAM and alterations
in the ATLANTIC AVENUE REVITALIZATION PROJECT, Councilman Robert Jones re-
quested Michael J. Barrett, Director of the RESORT AREA ADVISORY COMMISSION,
report to Council concerning the Commission's projects.
This would enable Couticil to realize the issues needed to be addressed iii
terms of policy. Michael Barrett will present this report after the report
of the URBAN LAND INSTITUTE
Item II-N.6
NEW BUSINESS ITEM # 23892
ADD-ON
Councilman Robert Jones inquired as to the possibility of changing the name of
South Lynnhaveii Road from the poixit it iiitersects Lynnhaven Parkway to Potters
Road, as same is a natural extensioii.
City Staff will investigate as there exists a number of these situatioiis in the
City.
July 1, 1985
- 49 -
Item 11-0.
ADJOURNMENT ITEM # 23893
UPOLI matioii by CouLicilmati Baum, aiid BY ACCLAMATION, Cty Cou,icil ADJOURNED the
meetiiig at 6:15 p.m.
Beverl@ 0. Hooks
Chief Deputy City Clerk
FZth Hodges Sm-ith, CMC Maydr Harold Heisc7ho@e
City Clerk
City of Virgiiiia Beach
Virgi@iia
/bh
July 1, 1985