APRIL 22, 1985 MINUTES
Cit@ @f NTil-ggi@i@
"WORLD'S LARGEST RESORT CITY"
crry COUNCIL
MAYORRA,ROLDREISCHOBF,R. At
VICE-MAYOR REBA S M@CLANAN, A- @h
JORNA. SAUN, Dik-t, B-gh
NANCY A. C)ZEECH At L-g.
ROBFRTE PEN7RESS, V,@B-h@h
BARBARA M. HENLEY, P..g. B@k
H JACK JENNINGS, JR.@ LY.."- @gh
LOUIS R. JONES. B.,@ B-gh
ROBERT G. JONES, A I L.@
J. HENRY M@COY. JR., K-w@ B-oh
M@ E OBERNDORF, A, L-g.
181 CrrY HALL BUILDING
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RUTH HODGES SMRM, CMC, Cty Ci-k CITY COUNCIL AGENDA VIRCINIA BEACH, VIRGINIA LU56-OM
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April 22, 1985
Virginia Beach City Council
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 5 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSFON OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM
A. INVOCATION: Captain Robert G. Laroe
Chaplain, Fort Story
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
ITEM 11. F. MINUTES
1. Motion to accept/approve the Minutes of April 15, 1985.
G. PRESENTATION
1. Resolution in Recognition - William W. Scott, Jr.
H. PROCLAMATIONS
1. Local History Week - April 22-27, 1985
2. National Volunteer Week - April 22-27, 1985
1. PLANNING
1. AppIi cation of RandaII H. Grlssom for var!ances to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The sites are located at 4913 and 4917 Farrington Drive
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Robert M. Flanagan for a variance to Section
4.4(b) of the Subdivision Ordinance which requ res that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The site Is located at the northeast corner of Oceana
Boulevard and Old Virginia Beach Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of William Earl and Minnie Marle Ludwick for a
variance to Section 4.4(b) of the Subdivision Ordinance
which requires that lot dimensions conform to the
Comprehensive Zoning Ordinance. The site is located on the
south side of Lake Shore Road, 136 feet west of Jack Frost
Road (Sayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of James E. Rohr for a variance to Section
4.4(d) of the Subdivision Ordinance which requires that lots
have direct access to a public street. The site is located
on the west side of Pleasure House Road, south of Lee Avenue
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
5. Application of Virginia Beach Alliance Church for a
conditional use permit for a church on the south side of
Virginia Beach Boulevard, west of To-y Avenue on a three-acre
parcel (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II. i. PLANNING (Cont'd)
6. Application of Farm Fresh, Inc. for a conditional use permit
for a gas station on a 37,262-square oot parcel located at
the southwest corner of Oceana Boulevard and Dam Neck Road
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Rock Ministries, Inc. for a conditional use
permit for an outdoor amphitheater on an 802-acre parcel
located on the south side of Indian River Road, west of West
Neck Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
8. Application of Charles J. McCotter and/or Assigns for a
change of zoning trom 1-1 Light Industrial District to B-2
Communit,-Bus:Tness District on a one-acre parcel loc t@ed
east of Lishe e P lace;
AND,
a conditional use permit for a bowling alley on a 3.329-acre
parcel located at the eastern extremity of Lishelle Place
(Princess Anne Borough).
(This application was EXPEDITED from the April 9, 1985
Planning Commission meeting.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval of both appliciations.
9. Application of John W. Smith for a change of zoning from R-3
Residential District to A-2 Apartment District on a 9.373-
acre parcel located on the south side of Shore Drive, west
of Independence Boulevard (Bayside Borough).
a. Letter from the City Manager transmits the
recornmendation of the Planning Commission
to allow withdrawal.
10. Application of James R. Sherman for a chanqe of zoning from
R-6 Residential District to R-9 kesid;ntial Townhouse
District on a 16,117-square toot parcel located at the
northwest corner of General Booth Boulevard and San Marcos
Lane (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
11. Application of Hudgins Real Estate for a change of zoning
from R-9 Residential Townhouse District to 0-1 Office
District on a 15,625-square foot pgrcel-located on the west
side of Pacific Avenue, south of Sea Pines Road (Virginia
Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II. I. PLANN.TNG (Cont'd)
12. App Ii cation of Floyd E. Kel lam Jr. and Ann le B. Ke l lam,
Trustees of Trust B under the Will of Floyd E. Kellam, for a
change of zoning from AG-2 Agricultural District to B-2
Community-Business District on a 38,376-square foot parcel
located on Princess Anne Road and North Landing Road
(Princess Anne Borough).
(This application was deferred on April 15, 1985 for one
week.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. Application of George F. Darden, Jr. for a change of zoning
from B-2 Community-Business District to A-2 Apartment
District on a 10.961-acre parcel located on the north side
of First Colonial Road, east of North Great Neck Road
(Lynnhaven Borough).
(This application was deferred on April 8, 1985, and April
15, 1985.)
a. Letter from the City Manager transmits no
recommendation of the Planning Commission
due to a tie vote.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution in Recognition to William W. Scott, Jr.
2. Ordinance declaring that certain property adjacent to
General Booth Boulevard at the northeast corner of
General Booth Boulevard and Dam Neck Road excess and
authorizing the City Manager to convey said property to
the adjacent property owner, Bel-Aire, Inc.
3. Ordinance, on SECOND READING, to appropriate $26,000 to
the Community Services Board FY 1985 Budget and to
transfer $28,500 within the CSB Budget for the purchase
of four vans.
4. Ordinance, on SECOND READING, to appropriate $42,000 to
the Public Works Department to cover increases in school
dumpster charges.
5. Ordinance, on SECOND READING, to appropriate $3,626 for
the Mounted Police Unit and for the construction of an
emergency exit for the Police-Services Division.
6. Ordinance to transfer $98,000 from the Water and Sewer
Fund Reserve for Contingencies to the Public Utilities
Department repairs to a gravity sewer line in Princess
Anne Plaza.
7. Bingo/Raffle Permits:
Beachcomber Corvette Club Raffle
Church of the Holy Family Bingo
Twirling Aces - Star Force of Tidewater Bingo/Raftle
8. Request of the City Treasurer for tax refunds in the
amount of $1,258.14.
ITEM II. K. UNFINISHED BUSINESS
1. Quarterly Report on Resort Advisory Commission's
Immediate Action Program: Mr. Tim Barrow
2. Discussion of Transfer Station Location
3. United Way Family Center: Tax Exempt Status--Sponsored
by Councilwoman Barbara Henley
L. NEW BUSINESS
1. Interim Financial Statements for the Period July 1, 1984,
through March 31, 1985: Discussion
M. ADJOURNMENT
1. Motion to adjourn.
Wednesday, April 24 Budget Workshop
7:30 p.m. Conference Room
Tuesday, April 30 Budget Workshop
7:30 p.m. Conference Rc>om
Thursday, May 2 Budget Workshop
9-11:30 a.m. Conference Room
Monday, May 6 Regular Session
2:00 p.m. Council Chambers
FIRST READING
Monday, May 13 Regular Session
2:00 p.m. Council Chambers
SECOND READING
Monday, April 29, 1985
Fifth Monday
Regular Council Recess
M I N U T E 5
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 22, 1985
The Regular Meeting of the Council of the City ok Virginia Virginia
was called to order by Mayor Harold Heischober in the Conference Room, CitY
Hall Building, on Monday, April 22, 1985, at 5:00 in the evening.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Nancy A. Creech, Robert G. Jones, and Meyera E. Oberndorf
Councilwoman Creech entered the EXECUTIVE SESSION at 5:25 p.m.
Councilman Robert Jones entered the EXECUTIVE SESSION at 5:35 p.m.
Councilwoman Oberndorf was out of the City due to a death in the family.
April 22, 1985
- 2 -
ITEM # 23515
Mayor Heischober edtertained a motion to permit Couiicil to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virgiiiia, as amended, for
the followiiig purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment.
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
cotidition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plaiis for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdictioii of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert C. Jones, and Meyera E. Oberndorf
April 22, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 22, 1985
7:25 p.m.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
April 22, 1985, at 7:25 in the evening.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
J. Heary McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
INVOCATION: Captain Robert G. Leroe
Chaplain
Fort Story
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 22, 1985
- 4 -
14AYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
RESOLUTION /BACK BAY
SALTWATER PUMPING PROJECT ITEM # 23516
Councilwoman Henley referenced ADD-ON Resolution of City Council of the
City of Virginia Beach requesting the COMMISSION OF GAME AND INLAND
FISHERIES to fund the SALTWATER PUMPING PROJECT in BACK BAY.
This item will be ADDED to the AGENDA after the Planning Items.
Item II-E.2
UNITED WAY FAMILY CENTER ITEM # 23517
The City Clerk noted item concerning the UNITED WAY FAMILY CENTER: Tax
Exempt Status (See Item II-K.3 of the Formal Agenda). Same has been re-
scheduled for May 6, 1985.
April 22, 1985
5
Item 11-F. 1
MINUTES ITEM # 23518
Upon motion by Councilwoman Creech, secoiided by Councilman McCoy, City
Council APPROVED the MINUTES of April 15, 1985.
Votirig: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jenniags, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
6
Item II-G. 1
PRESENTATION ITEM # 23519
Mayor Heischober presented a RESOLUTION IN RECOGNITION to;
WILLIAM W. SCOTT, JR.,
This Resolution recognized Bill Scott, a veteran professional driver,
for his life saving efforts on LABOR DAY, September 3, 1984.
William W. Scott, Jr., and his family were in attendance to accept this
RESOLUTION.
April 22, 1985
7
Item II-H.1
PROCLAMATIONS
LOCAL HISTORY WEEK ITEM # 23520
Mayor Heischober PROCLAIMED the week of April 22-27, 1985 as:
LOCAL HISTORY WEEK
This PROCLAMATION was accepted by James A. Bergdoll, Vice Presidetit of College
Relations and Plaaning for VIRGINIA WESLEYAN COLLEGE.
This PROCLAMATION recognized the program sponsored by the Virginia Beach History
Forum on Saturday, April 27, 1985, at Virginia Wesleyan College, the Order of
Cape Henry, 1607, the Princess Anne Historical Society, aiid the Virginia Beach
Maritime Historical Museum.
Mr. Bergdoll introduced Dr. Steven S. Mansfield, Professor of History at Virgiiiia
Wesleyan and Co-ordinator of the Princess Anne County Collection, who spoke
conceriiing the History Collection at Virginia Wesleyan College and recognized
the following in attetidance:
Carolyn Powell, Treasurer, Virginia Beach History Forum
Mrs. Elizabeth Coward, Secretary of the Order of Cape Henry, 1607
Admiral Richard Rumble, Director of the Virginia Beach Maritime
Historical Museum
April 22, 1985
- 7a -
rartamati a an
WHEREAS, the Virginia Beach History Forum is sponsoring a program entitied
"In Whose Footsteps? A Founding Dilemma" on Saturday, April 27, at Virginia
Wesleyan College, in order to focus attention on the several groups and individ-
uals who contributed to the early development of Princess Anne County and Virginia
Beach; and
WHEREAS, materials from the Virginia Wesleyan College Local History Collection
will be on display at the April 27 program; and
WHEREAS, the Order of Cape Henry, 1607 will hold its annual pilgrimage to the
Landing Cross at Cape Henry on Sunday, April 28; and
WHEREAS, the Princess Anne County Historical Society is currently conducting
its annual membership drive and will hold its annual meeting at Upper Wolfsnare on
Sunday, May 5; and
WHEREAS, the Virginia Beach Maritime Historical Museum is currently planning
its "Summer Days for Youth" programs to be held on Saturdays during June and July
to emphasize the City's maritime heritage for young people.
NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach,
do hereby proclaim Monday, April 22 through Sunday, April 28 as
LOCAL HISTORY 6EEK
in Virginia Beach and call attention to our rich local history and its part
in our national heritage.
Given under my hand and seal this twenty-second day of April, nineteen
hundred and eighty-five.
Harold Heischober
Mayor
April 22, 1985
8
Item II-H. 2
PROCLAMATION ITEM # 23521
Mayor Heischober PROCLAIMED the week of April 22-28, 1985 as:
VOLUNTEER RECOGNITION WEEK
This PROCLAMVFION recognized the outstanding contributions made by our
fellow citizens who are volunteeing their services and resources to our
City.
This PROCLAMATION was accepted by Marnie Morgan, Co-Chairman of the Council
of Volunteers for the City of Virginia Beach.
The following were also in attendance:
Giles Dodd - Assistant to the City Manager
for Administration
Auxiliary Police Officer Onorato
Sharon Hoffenberget - Theraputic Riding Program
Hagan Sykes - Library Volunteer
The Mayor referenced the service hours of the Volunteers equated to a con-
tribution of over $1 MILLION a year to our City of Virginia Beach.
April 22, 1985
- 8a -
16
rioirlam;attiatt
WHEREAS, volunteer service is an integral part of our history and our
American way of life; and
WHEREAS, this service has improved and enriched the quality of life
in our nation, our state, and our community; and
WHEREAS, this service has been continued and enhanced by the citizens
of Virginia Beach and our City and citizenry benefit from the actions,
concerns, and dedication of these volunteers.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia
Beach, do hereby proclaim the week of April 22-28, 1985 as
VOLUNTEER RECOGNITION WEEK
in Virginia Beach and urge all citizens to observe this week by recognizing
the outstanding contributions that are being made to our lives and communi-
ties by our fellow citizens who are volunteering their services and resources
in our City.
Given under my hand and seal this twenty-second day of April, nineteen
hundred and eighty-five.
Harold Heischober
Mayor
April 22, 1985
9
Item II-I.1
PLANNING ITEM # 23522
Randall H. Grissom, the applicant, represented himself
The following registered in favor of the applicatio. but yielded to Council's
motion:
Mona Elliott
Dolores McGarvey
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED the application of RANDALL H. GRISSOM for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decision of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
divisioa for Randall H. Grissom. Property located at
4913 and 4917 Farrington Drive. Plats with more detailed
information are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 10 -
Item II-1.2
PLANNING ITEM # 23523
Craig T. Roberts represented the applicant
Upon motion by Councilman Jennings, secondedby Councilwoman Creech, City
Council APPROVED the application of ROBERT M. FLANAGAN for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decision of Administraitive Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Robert M. Flanagan. Property
located at the southeast corner of Old Virginia
Beach Road and Oceana Boulevard. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
Robert G. Jones
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
Item 11-I.3
PLANNING ITEM 23524
The City Clerk noted error concerning dimensions of the front lot iD the
application of WILLIAM EARL AND MINNIE MARIE LUDWICK for a variance to
Section 4.4(b)
Attorney Robert Cromwell represented the applicant and referenced meeting
with Members of the Lake Shores Civic League. As the Civic League unanimously
voted to oppose this application, the applicant has requested WITHDRAWAL of
the application
The following registered in OPPOSITTON but yielded to Council's Motion:
Grant G. Gullickson
Bernice Heuser
Paul Turner
UpOn MOtiOD by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of the application of WILLLAM EARL AND MINNIE MARIE
LUDWICK for a variance to Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decision of Administrative Officers in
regard to certain elements of the Subdivison Ordi-
nance, Subdivision for William Earl and Minnie Marie
Ludwick. Property located on the south side of Lake
Shores Road, 136.45 feet west of Jack Frost Road.
Plats with more detailed information are available in
the Department of Planning. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 12 -
Item II-I.4
PLANNING ITEM # 23525
Attorney Grover Wright represented the applicant aiid requested this application
be referred back to the PLANNING STAFF and PLANNING COMMISSION, as a different
plan had been devised. This would entail the installation of a City Street,
although smaller than normal.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council REFERRED BACK TO THE PLANNING STAFF AND PLANNING COMMISSION for
RECONSIDERATION as a different plan has been devised, the application of
JAMES E. ROHR for a Variance to Section 4.4(d) of the Subdivision Ordinance.
Appeal from Decision of AdminiStrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
division for James E. Rohr. Property located on the
west side of Pleasure House Road, 88.90 feet south of
Lee Avenue. Plats with more detailed information are
available in the Departmeiit of Planning. BAYSIDE BOROUGH
Voting: 10-0
Council 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, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf April 22, 1985
- 13 -
Item 11-1.5
PLANNING ITEM # 23526
Reverend Mark Wilson, Pastor of The Virginia Beach Alliance Church, represented
the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH
ALLIANCE CHURCH for a Coilditonal Use Permit as per the following:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
ALLIANCE CHURCH FOR A CONDITIONAL USE PERMIT FOR
A CHURCH R0485740
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordiiiance upon application of The Virginia Beach Alliance
Church for a Conditional Use Permit for a church on the
south side of Virginia Beach Boulevard, 430 feet west of
Toy Avenue. Said parcel is located at 5441 Virginia Beach
Boulevard and contains 3 acres. Plats with more detailed
iriformation are available in the Department of Planning.
BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 14 -
Item II-1.6
PLANNING ITEM # 23527
Attorney Grover Wright represented the applicant
The following registered in favor of the application but yielded to Council's
Motion:
C. K. Holmes
George Sutton
Cynthia Smith
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, CitY
Council ADOPTED an Ordinance upon application of FARM FRESH, INC., for a
Conditional Use Permit for a gas station with Condition Number I AMENDED,
and a fourth condition ADDED as per the following:
ORDlNANCE UPON APPLICATION OF FARM FRESH FOR
A CONDITIONAL USE PERMIT FOR A GAS STATION R0485741
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Farm Fresh, Inc. for a
Conditional Use Permit for a gas station on certain
property located at the southwest corner of Oceana
Boulevard and Dam Neck Road. Said parcel contains
37,262 square feet more or less. Plats with more
detailed information are available in the Department
of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. There shall be
one access on Dam Neck Road to this particular parcel.
tlte-Master-Street-amd-Higliway-Pleft.One access point
shall be allowed on Oceana Boulevard, as per the
agreement of the applicant to allow only one additional
access to the applicant's adjacent property on Oceana
Boulevard.
2. Cross access easements with the adjoining commercial
property.
3. Dedication Qf an appropriately sized scenic easement
along Oceana Boulevard as required by the Master Street
and Highway Plan and in accordance with the city of
Virginia Beach specifications and standards.
4. Public restrooms shall be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eighty-five.
April 22, 1985
- 15 -
item 11-I.6
ITEM # 23527 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 16 -
Item II-I.7
PLANNING ITEM # 23528
Tom Laurendeau, Business Administrator of Rock Church, represented the
applicant and requested WITHDRAWAL of this applicatiod
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, CitY
Council ALLOWED WITHDRAWAL of the ordinance upon application of ROCK
MINISTRIES, INC. for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ROCK MINISTRIES,INC.
FOR A CONDITIONAL USE PERMIT FOR AN OUTDOOR AMPHITHEATER
Ordinance upon application of Rock Ministries, Inc. for
a Conditional Use Permit for an outdoor amphitheater on
the south side of Indian River Road, 4600 feet more or
less west of West Neck Road. Said parcel is located
at 2865 Indian River Road and contains 802 acres. Plats
with more detailed information are available in the De-
partment of Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
April 22, 1985
Meyera E. Oberndorf
- 17 -
Item 11-I.8
PLANNiNG ITEM # 23529
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, CitY
Council ADOPTED an Ordinaiice upon application of CHARLES J. McCOTTER and/or
ASSIGNS for a Change of Zoniiig and a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF CHARLES J. McCOTTER
AND/OR ASSIGNS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-I TO B-2 Z0485971
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Charles J. McCotter and/or
Assigns for a Change of Zoning District Classification
from 1-1 Light Industrial District to B-2 Community-
Business District on certain property located 1800 feet
more or less south of International Parkway, 321 feet
east of Lishelle Place. Said parcel contains I acre.
Plats with more detailed information are available in
the Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF CHARLES J. McCOTTER AND/OR
ASSIGNS FOR A CONDITIONAL USE PERMIT FOR A BOWLING ALLEY
R0485742
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon appplication of Charles J. McCotter and /or
Assigns for a Conditional Use Permit for a bowling alley on
certain property located the eastern extremity of Lishelle
Place. Said parcel contaiiis 3.329 acres. Plats with more
detailed information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. An 8-foot cypress fence along the property line
adjacent to residential areas.
2. All lightiag is to be directed toward the inside
of the site away from adjacei,t residential areas.
3. The stipulations contaiiied in Attorney Grover Wright's
letter of March 21, 1985, shall be incorporated into
@he APPROVAL of said application (said letter is @ereby
made a part of the.proceedings.)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eighty-five.
April 22, 1985
- 18 -
Item II-I.8
PLANNING ITEM # 23529 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
April 22, 1985
- 18a -
C,
ANI)
March 21, 1985
Mr. and Mrs. Robert W. Meeker
c/o Mr. John Quinn
Lynn Properties, Inc.
2714 Virginia Beach Boulevard
Virginia Beach, VA 23452
Mr. and Mrs. Robert Ambs
2908 Cherie Drive
Virginia Beach, VA 23456
Mr. and Mrs. Norman Johnson
2912 Cherie Drive
Virginia Beach, VA 23456
Re: One-story Bowling Center
Lishelle Place off
Lynnhaven Parkway
3.329 Acres
Ladies and Gentlemen:
This will confirm Mr. Charles McCotter's promise
to you that he will voluntarily agree with the Planning
Commission and the City Council incident to the rezoning to
B-2 and the use permit for the bowling alley that he will
erect a cypress fence where his property adjoins the
residential property and that it will be at least 6' tall,
and if the City allows it up to 81 tall, and that he will
attempt to keep the noise level as low as possible and the
dust down and to keep the site free of trash and debris, and
that he will direct all lighting inwardly to minimize any
light toward the residences, and that he will join in any
efforts reasonably necessary to prevent Newman Street from
being connected to Lishelle Place.
Mr. McCotter appreciates your open-mindedness and
cooperation and will make every effort to be a good
neighbor.
He is, by copy of this letter to the Planning
Director and to Mrs. Reba McClanan, your Borough
Councilwoman, making this a matter of record so that they
will know that he has met with you all and that you all are
working together.
Thank you.
@pectfully,
GCWjr:bgd g@, Jr.
cc: Mr. Charles McCotter
Mr. Robert J. Scott, Planning Director
Mrs. Reba McClanan, Councilwoman
Mr. Thomas Ammons, Chairman, Planning Commission
The Honorable Harold Heischober, Mayor
Industrial Development Authority
Attention: Mr. James DeBellis April 22, 1985
- 19 -
item 11-1.9
PLANNING ITEM # 23530
Sam Scott, of Scott Development Company, represented the applicant and
requested WITHDRAWAL of said application
Upon motion by Couacilman Louis Jones, seconded by Councilman Fentress,
City Council ALLOWED WITHDRAWAL of an Ordinance upon application of JOHN
W. SMITH for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JOHN W. SMITH FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3
TO A-2
Ordinance upon application of John W. Smith for a
Change of Zoning District Classification from R-3
Residential District to A-2 Apartment District on
certain property located on the south side of Shore
Drive, 1510 feet more or less west of Independence
Boulevard as shown on plats on file in the Department
of Planning. Said parcel contains 9.373 acres. BAYSIDE
BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
None
April 22, 1985
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf
I
- 20 -
Item II-1.10
PLANNING ITEM # 23531
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of JAMES R.
SHERMAN for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JAMES R. SHERMAN
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 TO R-9
Ordinance upon application of James R. Sherman for
a Change of Zoning District Classification fron R-6
Residential District to R-9 Residential Townhouse
District at the northwest corner of General Booth
Boulevard and San Marcos Lane on Lots 28 and 29,
Block D, Rudee Heights. Said parcel contains 16,117
square feet. V+RG+NiA-BEAGH-BOR90GH.LYNNHAVEN BOROUGH*
*The Mayor corrected the AGENDA by referencing the application of JAMES R. SHERMAN
as being in the LYNNHAVEN BOROUGH rather than the VIRGINIA BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
None
April 22, 1985
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 21 -
Item II-1.11
PLANNING ITEM # 23532
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of HUDGINS REAL ESTATE for
a Change of Zoning District Glassification as per the following:
ORDINANCE UPON APPLICATION OF HUDGINS REAL ESTATE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-9
TO 0-1 Z0485972
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA:
Ordinance upon application of Hudgins Real Estate for a
Change of Zoning District Classification from R-9 Resi-
dential Townhouse District to 0-1 Office District on the
west side of Pacific Avenue, 197.78 feet south of Sea
Pines Road on Lot S, Linkhorn Park. Said parcel contains
15,625 square feet. VIRGINIA BEACH BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be met:
A 4-foot dedication of right-of--way along Pacific Avenue
is required in accordance with the Virginia Beach Bikeway
Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council oi the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eightv-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Noiie
Council Members Absent: April 22, 1985
Meyera E. Oberndorf
- 22 -
Item ii-.1,12
PLANNING ITEM # 23533
Attorney Grover Wright represented the applicant
Opposition;
Deborah Sawyer, registered in opposition, but did not speak
Carroll A. Fuller, withdrew his opposition
Jack Henry, resident of Court Circle, spoke in opposition
Gardner T. White, resident of Courthouse Forest, spoke in opposition
The City Clerk referenced Lisa Willard and Willie C. Manson, residents of Court
Circle as being in OPPOSITION, and wishing their names read into the record.
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of FLOYD E. KELLAM, JR., AND
ANNIE B. KELLAM, TRUSTEES OF TRUST B UNDER THE WILL OF FLOYD E. KELLAM for
a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF FLOYD E. KELLAM, JR., AND
ANNIE B. KELLAM, TURSTEES OF TRUST B UNDER THE WILL OF
FLOYD E. KELLAM FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 to B-2 B-1 (AS MODLFIED) Z0485973
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon applicatioii of Floyd E. Kellam, Jr., and
Annie B. Kellam, Trustees of Trust B under the Will of
Floyd E. Kellam, for a Change of Zoning District Classi-
fication from AG-2 Agricultural District to B-2 B-1 Community-
Business District (AS MODIFIED) on certaiii property located
on the north side of Princess Anne Road, 700 feet west of
North Landing Road. Said parcel contains 38,376 square feet.
Plats with more detailed information are available in the De-
partment of Planning. PRINCESS ANNE BOROUGH.
The following conditions will be required:
1. A 6-foot privacy fence will be required along the rear
property line.
2. The restaurant drive-thru shall be eliminated.
3. Architecture and signage shall be subject to review
by the Historical Review BQard.
4. Lighting shall be low level and directed to the interior
of the property.
5. Hours of Operation shall close at 12:00 Midnight.
Prior to the changing of the official zoning maps, the following condition shall
be met:
6. A 20-foot dedication of right-of-way along the frontage
on Princess Anne Road, 45 feet from the centerline of the
old 50-foot right-of-way to provide for an ultimate 90-
foot right-of-way as required by the Master Street and
Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eighty-five.
April 22, 1985
- 23 -
Item II-I.12
PLANNING ITEM # 23533 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McGoy, Jr., D.D.S.
Council Members Voting Nay;
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 24 -
Item II-1.13
PLANNING ITEM # 23534
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jenniags, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of GEORGE F. DARDEN, JR.,
for a Change of Zoning, subject to conditions set forth iii the AGREEMENT
dated April 8, 1985, approved by the Planning Director and submitted by
the applicant's attorney April 22, 1985, as per the following;
ORDINANCE UPON APPLICATION OF GEORGE F. DARDEN, JR.
FOR A CHANGE OF ZONING DISTRICT CLASSIFCIATION FROM
B-2 TO A-2 Z0485974
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinarice upon application of George F. Darden, Jr.,
for a Change of Zoning District Classification from
B-2 Comrnunity-Business District to A-2 Apartment Dis-
trict on certain property located on the north side
of First Colonial Road, 470 feet more or less east of
North Great Neck Road. Said parcel contains 10.961
acres. Plats with mare detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Development shall be in accord with site plan including
PROPOSED RETENTION BASIN.
2. Tree line buffer shall be provided around the RETENTION
BASIN.
3. There shall be minimal tree removal.
4. The number of units shall be limited to 132.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second of April, Nineteen Hundred and Eighty-five.
April 22, 1985
- 25 -
Item 11-1.13
PLANNING ITEM # 23534 (Continued)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 26 -
Item TI-1.13a
ITEM # 23535
RESOLUTION
ADD-ON
Upon motioa by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED the following Resolution;
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, REQUESTING THE VIRGINIA
COMMISSION OF GAME AND INLAND FISHERIES TO FUND
THE SALTWATER PUMPING PROJECT IN BACK BAY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
26a -
A RESOLUTION OF CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
REQUESTING THE VIRGINIA COMMISSION OF
GAME AND INLAND FISHERIES TO FUND THE
SALTWATER PUMPING PROJECT IN BACK BAY
WHEREAS, Back Bay is located within the City of Virginia
Beach and is a unique and irreplaceable natural resource of the
Commonwealth; and
WHEREAS, Back Bay, as a unique natural resource, provides
many hours of recreation to sportsmen from all over the
Commonwealth, as well as providing a refuge for wild game; and
WHEREAS, the water quality and ecological conditions of
Back Bay have deteriorated in recent years due to a number of
reasons; and
WHEREAS, the City of Virginia Beach has recently adopted
A Management Plan for Back Bay, dated December 7, 1984, that was
paid for primarily with City funds; and
WHEREAS, the City of Virginia Beach and the State of
virginia have expended over $780,000 since 1965 in a program to
pump saltwater into Back Bay in order to enhance the quality of the
Bay as an ecosystem; and
WHEREAS, A Management Plan for Back Bay has recommended
that the outfall for the saltwater pumping project be extended into
the Bay; and
WHEREAS, the estimate cost for this extension is
$450,000; and
WHEREAS, the Virginia Commission of Game and Inland
Fisheries has the power to provide funding assistance for this
action; and
WHEREAS, the City of Virginia Beach desires to request
such funding assistance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Commission of Game and Inland
Fisheries is requested to provide funding to extend and improve the
April 22, 1985
- 26b -
outfall system for the saltwater pumping project in Back Bay
located within the City; and
BE IT FURTHER RESOLVED:
That the City Council believes this to be an appropriate
expenditure of the Game Commission as Back Bay is a resource for
the entire Commonwealth; and that it is the responsibility of the
Commonwealth to assist in the protection of this resource for its
citizens. The City Clerk is hereby authorized and directed to
forward a copy of this Resolution to the Secretary of the Virginia
Commission of Game and Inland Fisheries.
Adopted this 22 day of April 1985, by the
Council of the City of Virginia Beach, Virginia.
JDB/da
4
4/19/B5
April 22, 1985
-2-
- 27 -
Item II-J.
CONSENT AGENDA ITEM # 23536
Upon motion by Councilman Jeiinings, seconded by Councilman Louis Jones, City
Council APPROVED in ONE MOTION Items I through 8 of the CONSFNT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Heiiry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 28 -
Item II-J.1
CONSENT AGENDA ITEM # 23537
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council ADOPTED a RESOLUTION IN RECOGNITION to;
WILLIAM W. SCOTT, JR.
Votiiig: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joties, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 28a -
RESOLUTION
IN
RECOGNITION
WHEREAS:
Life is so unpredictable. No day comes back! Life is
short at best! That which makes life most worth living is
the sure knowledge that we ourselves have fulf i I led our
purpose, met our obligations to our fellow citizens and can
be satisfied we have done our best;
WHEREAS:
During Bill Scott's 33-year career as an Exxon tank-truck driver, he
thought many times of how he might react to any emergency or some drastic
circumstance in which he may become involved. No matter how we l I one may
program one's thinking, no one plans for an accident nor do we have a given
pattern of events in any emergency. Exxon provides its drivers an excellent
program of safety but there is nothing to the extent of what happened on Labor
Day, September 3, 1984;
WHEREAS:
Bill Scott, a veteran professional driver, was enroute the Exxon
Service Station on Westover Avenue in Norfolk, he was traveling at
approximately 20 mph on Colley Avenue near the Ronald McDonald House when he
noticed a garbage truck stopped on a side street and proceeded forward. As the
tractor and tanker passed the street, the garbage truck backed into the tanker
and split wide open the trailer contalnlng 8,599 gallons of gas. Scott
continued driving to the next intersection (400-500 feet) to avoid any
explosion near the Ronald McDonald House or the apartment residences. Gas was
flowing like a river. Scott stopped the truck and started to get out but the
vapor was so great the motor did not stop. He left the door open, got back in
and finally stopped the motor. By then flames consumed the driver's side of
the truck as well as the passenger side which was yet closed. Bi I I Scott,
although in flames himself, being a religious man whose faith sustained him,
uttered a prayer and, as if God held back the fire, the flame subsided itself
enough for the driver to slide out the passenger side and escape the explosion
which was immediate and followed the river of gas down the street; and,
WHEREAS:
Although this catastrophic event in the life of Bill Scott is still a
vivid memory with injuries that will linger, he is back to full-time service at
Exxon wearing a JOBST garment and with full faith his hand and arm wiii heal in
time. His alert action to this emergency saved lives as well as property. His
attitude toward the many hours he suffered in the hospital and the semi-loss of
I imb is one of satisfaction that he did the best he could and without a super
strength beyond his own, he would not be here today to continue serving his
cornmunity.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
pauses In its deliberation of business to recognize a citizen whose life-saving
contribution is beyond measure and to whom many are grateful for his alertness
and skills:
W I L L I A M W. S C 0 T T, J R.
BE IT FURTHER RESOLVED: That a copy of this framed Resoiution be spread
upon the Minutes of this Regular Session of City Council on this Twenty-Second
day of April, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
Mayor
April 22, 1985
- 29 -
Item 11-J. 2
CONSENT AGENDA ITEM # 23538
Upon motion by Councilman Jeiinings, seconded by Councilman Louis Jones,
City Council ADOPTED an Ordinance DECLARING that CERTAIN PROPERTY adjacent
to GENERAL BOOTH BOULEVARD at the northeast corner of General Booth Boulevard
and Dam Neck Road EXCESS and authorizing the City Manager to convey said
property to the adjacent property owner, BEL-AIRE, INC.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 29a -
AN ORDINANCE DECLARING THAT CERTAIN
PROPERTY ADJACENT TO GENERAL BOOTH
BOULEVARD AT THE NORTHEAST CORNER
OF GENERAL BOOTH BOULEVARD AND DAM
NECK ROAD EXCESS AND AUTHORIZING
THE CITY MANAGER TO CONVEY SAID
PROPERTY TO THE ADJACENT PROPERTY
OWNER, BEL-AIRE, INC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virqinia Beach acquired the
below-described property as right-of-way for the expansion of
General Booth Boulevard; and
WHEREAS, the alignment of General Booth Boulevard has
been altered such that th6 below-described property is in excess
of the City's needs; and
WHEREAS, the adjacent property owner, Bel-Aire, Inc. has
offered to purchase the below-described property for its fair
market value and has tendered a certified check for this amount
to the City of Virginia Beach;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
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 is authorized and directed to convey said
property to Bel-Aire, Inc. in consideration for its fair market
value.
All that certain lot, piece, or parcel of
land, located in the City of Virginia
Beach, Virginia, designated as "0.663
ACRE," as shown on that certain plat
entitled 'PLAT SHOWING R/W ABANDONMENT
PORTION OF GENERAL BOOTH BOULEVARD
ADJACENT TO PARCEL 'A' AS DESIGNATED ON
PLAT ENTITLED 'PROPERTY SURVEY FOR F.
WAYNE McLESKEY' (M.B.81, P. 50) PRINCESS
ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA.-
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 22 day of April 1985.
RJN/da
3/29/85 - 4/17/85
(B)
April 22, 1985
29b
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April 22, 1985
- 30 -
Item II-J.3
CONSENT AGENDA ITEM # 23539
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council ADOPTED an Ordinance, an SECOND READING, to appropriate
$26,000 to the COMMUNITY SERVICES BOARD FY 1985 BUDGET and to transfer
$28,500 within the CSB Budget for the purchase of four vans.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
30a
AN ORDINANCE TO APPROPRIATE 026,000 TO
THE CONKUNITY SERVICES BOARD FY 1985 BUDGET
AND TO TRANSFER $28,500 WITHIN THE CSB
BUDGET FOR THE PURCHASE OF FOUlt VANS
WHEREAS, the Community Services Board (CSB) is authorized to
revise its annual budget in response to evolving programatic needs and is
required to submit the revisions to the State Department of Mental Health
and Mental Retardation, and
WHEREAS, the CSB has expressed the need for three vans and one
mini-van at a total cost of $54,500 to implement critically needed van replace-
ments, and
WHEREAS, $26,000 of the funding to effectuate this purchase will
come from increased revenues and the resaining $28,500 being financed from
the reallocation of appropriations currently available within the CSB FY 1985
budget.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $26,000 are hereby appropriated to the
Department of Mental Health and Mental Retardation to be offset by a $26,000
increase in estimated revenues in the General Fund.
Be it further ordained that transfer of appropriations in the
amount of $28,500 are hereby approved within the CSB FY 1985 budget.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of April 1985.
April 15. 1985
FIRST READING:
44COND READING: April 22, 1985
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT April 22, 1985
- 31 -
Item II J.4
CONSENT AGENDA ITEM # 23540
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to appropriate
$42,000 to the Public Works Department to cover increases in SCHOOL
DUMPSTER CHARGES.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiian, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
31a
AN ORDINANCE TO APPROPRIATE
$42,000 TO THE PUBLIC WORKS DEPARTNENT
TO COVER INCREASES IN SCHOOL DUMPSTER CRARGES
WHEREAS, the landfill rate was increased to $10 per ton on February
1, 1985 resulting in a direct inpact on the charge to the city for collection
of the school dumpoters, and
WHEREAS, the now landfill rate requires an increase in appropri-
ations from $150,000 to $192,000 to cover the increased cost of the school
dumpster contract, and
WHEREAS, the increase in appropriations will be financed by a
$42,000 increase in estimated revenue.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations to cover the school dumpster contract be
increased by $42,000 in the Public Works Department with a corresponding
increase in general fund estimated revenues.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of April 1985.
FIRST READING: April 15, 1985
SECOND READING: April 22, 1985
APPRO14ED AS TO CONTE14T
,,.,.@.E
DEP,,p.,IENT
April 22, 1985
- 32 -
Item II-J.5
CONSENT AGENDA ITEM # 23541
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $3,626 for
the MOUNTED POLICE UNIT aiid for the construction of an emergency exit for
the POLlCE-SERVlCES DIVISION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
32a
AN ORDINANCE TO APPROPRIATE $3,626
FOR THE MOUNTED POLICE UNIT AND FOR
THE CONSTRUCTION OF AN EMERGENCY
EXIT FOR THE POLICE-SERVICES DIVISION
WHEREAS, the Police Department is establishing a Mounted Police
unit to patrol the resort area and other areas where large groups of people may
congregate, and
WHEREAS, the Police Department also wiahes to build an emergency
exit for ita Services Division, and
WHEREAS, the Police Department has received a donation of $3,626,
which they wish to use toward financing the above.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $3,626 be appropriated for the following purposes:
Purpose Appropriation
Mounted Police Unit $ 1,626
Emergency Exit (Services Division) 2,000
Total $ 3 626
Be it further ordained that the appropriations be financed by a
$3,626 increase in entinated revenue.
Thia ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of April 1985.
FIRST READING: April 15, 1985
SECOND READING: April 22, 1985
APPROVED AS TO CONTENT
@NATURE
DEPARTMENT
April 22, 1985
- 33 -
Item II-J.6
CONSENT AGENDA ITEM # 23542
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance to transfer $98,000 from the Water and Sewer
Fund Reserve for Contingencies to the Public Utilities Department repairs
to a GRAVITY SEWER LINE in Princess Anne Plaza.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
33a -
AN ORDINANCE TO TRANSFER $98,000
FROM THE WATER AND SEWER FUND RESERVE FOR
CONTINGENCIES TO THE PUBLIC UTILITIES DEPARTMENT
FOR REPAIRS TO A GRAVITY SEWER LINE
IN PRINCESS ANNE PLAZA
WHEREAS, the rupture of a gravity sewer line in Princess Anne Plaza
represented an immediate public health hazard, resulting in the need for
emergency repair, and
WHEREAS, damage was too extensive for repairs using city equipment,
resulting in the need to hire a private contractor at an estimated cost of
$127,000, and
WHEREAS, the Department of Public Utilities presently has a balance
of $29,000 for such repairs with an additional $98,000 needed to cover the
total estimated repair costs, and
WHEREAS, the additional $98,000 needed may be transferred from
Reserve for Contingencies in the Water and Sewer Fund.
I
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $98,000 be transferred from the Water and Sewer Fund
Reserve for Contingencies to the Sewer Collection unit of Public Utilities to
cover the cost of emergency repairs to a gravity sewer line in Princess Anne
Plaza.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of April , 1985.
April 22, 1985
KAR/2 ORD11
- 34 -
Item II-J.7
CONSENT AGENDA ITEM # 23543
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council APPROVED the following BINGO/RAFFLE PERMITS:
BEACHCOMBER CORVETTE CLUB RAFFLE
CHURCH OF THE HOLY FAMILY BINGO
TWIRLING ACES - STAR FORCE OF TIDEWATER BINGO/RAFFLE
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf April 22, 1985
- 35 -
Item II-J.8
CONSENT AGENDA ITEM # 23544
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, CitY
Council ADOPTED an ordinance authorizing Tax Refunds in the amount of $1,258-14
upon application Certain Persons and upon certification of the City Treasurer
for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
April 22, 1985
- 35a -
FORM NO. C.A. 7 4/9/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Y ear of Tax Number tion No. Paid
First Atlanta Mortgage Co 83 RE(1/2) 58031-1 12/5/82 6.40
First Atlanta Mortgage Co 83 RE(2/2) 58031-1 6/5/83 6.40
First Atlanta Mortgage Co 84 RE(1/2) 61307-1 12/5/83 7.20
First Atlanta Mortgage Co 84 RE(2/2) 61307-1 6/5/84 7.20
Collateral Investment Co 85 RE(1/2) 60771-9 12/5/84 36.40
Collateral Investment Co 85 RE(2/2) 60771-9 12/5/84 198.48
Clement H & Flora Gimbert 85 RE(1/2) 34339-9 11/14/84 311.72
Pickett Lyle etc 83 RE(1/2) 36879-2 11/26/82 14.00
Antoinette E McMillan 84 pp 192437-5 11/15/84 91.02
Dominion Bank Nat-I Assoc 84 pp 207950-8 3/19/85 93.68
General Electric Credit 84 pp 183514-0 12/5/84 337.50
Donald Nopper 84 pp 211123-2 2/25/85 61.50
John Hong 84 pp 186763-1 12/5/84 86.64
1
Total 1,258.14
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1 258,14 were approved by
the Council of the City of Virginia
Beach on the @ day of April Treasur
Ruth Hodges Smith
City Clerk
y Attorney
- 36 -
Item II-K. I
UNFINISHED BUSINESS ITEM # 23545
RESORT ADVISORY COMMISSION'S IMMEDIATE
ACTION PROGRAM REPORT
Timothy Barrow, Chairman of the RESORT AREA ADVISORY COMMISSION, presented
a progress report on the IMMEDIATE ACTION PROGRAM which City Council
had authorized earlier this year. A copy of the interim report is hereby
made a part of the record.
Mr. Barrow referenced a meeting to be held oil April 23, 1985, with the
Business Community to examine in detail the CODE ENFORCEMENT PORTION of
the IMMEDIATE ACTION PROGRAM.
The PROGRESS REPORT of the IMMEDIATE ACTION PROGRAM entailed the following
topics:
CODE ENFORCEMENT PROGRAM
TNCREASED PUBLIC MALNTENANCE
POLICE PRESENCE
DAILY EVENTS/COURTESY PATROL PROGRAM
STUB STREET CONVERSIONS TO PARKS/LANDSCAPING
CREATION OF DAY USE BEACH FACILITIES
(CAMP PENDLETON)
(FORT STORY)
REFINE VISION/PUBLIC COMMENT
HOST URBAN LAND INSTITUTE'S PANEL ADVISORY SERVICE
RESORT AREA ADVISORY COMMISSION STAFF
STRUCTURE FOR IMPLEMENTATION
Neptune Festivals, lac. will handle the daily events programming and staffing
same with the Special Events Coordinator who has been employed by the City.
James Capps, owiier of the BREAKERS RESORT INN at Sixteenth and Oceau Front, and
a Member of the Board of Directors of the Virginia Beach Tourist Bureau, discussed
conditions on Atlantic Avenue and the Boardwalk aiid concerns for additional pc)lice
protection.
The City Manager will convene with Chief Charles Wall to discuss if additional steps
can be taken prior to May Seventeenth to provide additional police protection in
the RESORT AREA.
April 22, 1985
3 7
Item II-K.2.
UNFINISHED BUSINESS
TRANSFER STATION LOCATION ITEM # 23546
The City Manager referenced City Council investigated approximately nineteen
(19) sites in connection with a SOLID WASTE TRANSFER STATION and devised a
rating system on each of those sites. City Council has requested the staff
to devise a COST BENEFIT STUDY before any further action is taken.
Councilman McCoy referenced discussions concerning the CENTERVILLE TURNPIKE
Present Mount Trashmore No. 2 Site. There are no residential areas within
that vicinity that would be affected and it is in close proximty to Interstate
64.
Attorney Robert Cromwell, represented owner of properties on Bonney Road, spoke
in opposition to SITE A - BENDIX ROAD
Don Dahlman, owner of business on Independence Boulevard, spoke in opposition
to SITE B, INDEPENDENCE BOULEVARD at KENNER LANE
James L. Bedeaux, resident of Windsor Oaks, opposed to SITE C, MOUNT TRASHMORE,
preseated a petition in OPPOSITION from the Home Owners of Windsor Oaks West
(said petition is hereby made a part of the record).
Clarence H. Byler, spoke in oppostion to SITE B, INDEPENDENCE BOULEVARD
at KENNER LANE
Attorney Don Clark, represented Bonney Road Hotel Associates, opposed to
SITE A, BENDIX ROAD
Howard W. Wiseburg, represented Windsor Holland Properties, opposed to
SITE C, MOUNT TRASIMORE
Jesse Pugh, homeowner in Windsor Oaks West, opposed to SITE B, INDEPENDENCE
BOULEVARD at KENNER LANE
David Winiker, represented Larkspur Civic League, opposed to SITE B, INDEPENDENCE
BOULEVARD at KENNER LANE
Joel and Nancy Mandelkorn, opposed any SITE in the PEMBROKE AREA, both presented
letters in opposition (said letters are hereby made a part of the record)
Hal Copeland, resident of Woodlake Road, opposed to SLTE C, MOUNT TRASHMORE,
Attorney Sally Yates Wood, represented Windsor Holland Properties, opposed to
SITE C, MOUNT TRASHMORE.
Jack B. Stokes, represented self, opposed to SITE B, INDEPENDENCE BOULEVARD
at KEENER LANE
Charles E. Ketchu, resident of Windsor Oaks West, opposed to SITE B,
INDEPENDENCE BOULEVARD at KEENER LANE
Attorney Gary Byler, represented a number of developers and residents,
opposed to SITE B, INDENPENDENCE BOULEVARD at KEENER LANE
Nick Maruio, spoke in complete opposition to the location of a TRANSFER
STATION anywhbre.
The Mayor advised City Council will make a recommendation for a particular site
for the SOLID WASTE TRANSFER STATION at the City Council Meeting of May 6, 1985.
There will not be a vote. The Public will then have the opportunity to address
the Council's suggestion before a FINAL DECISION is made.
April 22, 1985
- 38 -
Item 11-K.3
UNIFNISHED BUSINESS ITEM # 23547
UNITED WAY FAMILY CENTER
The City Clerk advised the TAX EXEMPT STATUS of the UNITED WAY FAMILY CENTER
was listed in error on the City Council AGENDA of April 22, 1985.
This item will be discussed at the City Council Meeting of May 6, 1985.
April 22, 1985
- 39 -
Item II-L. I
NEW BUSINESS ITEM # 23548
INTERIM FINANCIAL STATEMENTS
The INTERIM FINANCLAL STATFMENTS for the Period July 1, 1984, through
March 31, 1985, were submitted to City Council.
April 22, 1985
- 40 -
Item 11-M. I
ADJOURNMENT ITEM # 23549
Upon motion by Cou.cilwoma,i Creech, secoiided by Coui,cilman Louis Jo,ies, BY
ACCLAMATION, City Couiicil ADJOURNED the meetitig at 10:10 p.m.
Beverl@ . Hooks
Chief Deputy City Clerk
PiAh Hodges Smitli, CMC old Heisthober
City Clerk
City of Virgifia Beach
Virginia
/bh
April 22, 1985