APRIL 16, 1984 MINUTES
Cit@@f @ilr@irai@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y.id. B@,..gh
VICE-MAYOR BARBARA M. HENLEY, P.@g. B.,..gb
JOIIN A. BAUM, B.-.gb
NANCY A. CREECH, A, L.,g,
HAROLD HEISCIIOBER, At L.,,"
H. JACK JENNINGS, JR., Ly..h..@. B.@.gb
ROBERT G. ]ONES, Al L.,g@
W. ii. KITCHIN. Iii, Vigi@,. B@.@b
REBA S. M,CLANAN, A..@ B.,o.gb
1. HENRY bl,COY. JR.. B.,..gb 212 CITY HALL BUILDING
MU,NICIPAL CENTER
MEYERA E. OIJERNDORF, Al L.,g@ VIRGINIA BEACH, VTRGINIA 23456
RUTH HOD(;ES SMITif, CMC, Cily Cl@lk f 804) 427 -4 30
CITY COUNCIL AGENDA
April 16, 1984
BUDGET WORKSHOP: 10:30 a.m.
ITEM I. INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
1. Matters for discus
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Discussion of Proposed Bond Referendum Date
2. Review of Consent Agenda
ITEM II. FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Father James Dorsan
Church of the Holy Family
B PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of April 9, 1984.
2. Motion to correct the 14inutes of March 26, 1984, Item Number
21602.
E. PUBLIC M"ING
1. Proposed budget increase to appropriate funds of $435,600
for Police and Fire Vehicles and reduce the 1984-1985 Budget
request for those vehicles by $453,000.
F. RESOLUTION
1. Resolution of City Council of Virginia Beach declaring need
for Newport News Redevelopment and Housing Authority to
issue Rental Housing Development Bonds for Peppertree II
Associates, a Virginia Limited Partnership to be fomed in
which Snyder-Runt Corporation will be the General Partner.
G. 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. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution endorsing the application for the Seventh Program
Cycle of the Clean Community System Project; authorizing the
City Manager to direct the necessary staff to plan, budget
and apply for a grant to be used to fund this Program; AND,
requesting the Department of Conservation and Economic
Development, Division of Litter Control, to consider and
approve this application.
2. Ordinance to amend and reordain Section 18-108 Subsection
(a) of the Code of the City of Virginia Beach, Virginia,
pertaining to temporary and transient businesses;
an Ordinance to amend and reordain Section 18-93 Subsection
(a) of the Code of the City of Virginia Beach, Virginia,
pertaining to peddlers generally;
AND,
an Ordinance to amend and reordain Section 18-94 Subsection
(a) of the Code of the City of Virginia Beach, Virginia,
pertaining to peddlers of bottled drinks, hot dogs and
wrapped sandwiches.
G. CONSENT AGENDA (Cont'd)
3. Ordinance to amend and reordain Section 35-6(a) of the Code
of the City of Virginia Beach pertaining to penalty and
interest when personal property taxes not paid on time;
AND,
an Ordinance to amend and reordain Section 35-37(a) of the
Code of the City of Virginia Beach pertaining to penalty and
interest when installment not paid on time (taxes on real
estate).
4. Ordinance to transfer Capital Project Funds of $37,573 to
Project 2-812 Oceana NAS Entrance.
5. Ordinance to transfer funds of $65,000 from the Water and
Sewer Reserve for Contingencies for a new meter reading
system.
6. Ordinance to transfer funds of $39,000 from the Water and
Sewer Reserve for Contingencies for the purchase of three
trailers (Department of Public Utilities).
7. Ordinance, on FIRST READINC, to appropriate funds of
$435,600 for police and fire vehicles and reduce the 1984-
1985 Budget request for those vehicles by $453,000.
8. Low bid of Warbler Construction Company, Inc., in the amount
of $651,842.40, for Contract 1;
Low bid of Crowder Contracting Company, Inc., in the amount
of $363,700.00, for Contract II, for the Ocean Park Drainage
Project, Phase I;
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of these projects.
9. Bingo/Raffle permits:
St. Nicholas Greek Orthodox Church
Friends of Roller Skaters
10. Certificate of Public Convenience and Necessity:
David W. Best, M.D.
11. Request of the Commissioner of the Revenue for license
refunds in the amount of $768.19.
H. PLANNING
1. FINAL APPROVAL for the closure of a 20-foot alley located on
the west side of Arctic Avenue, south of 33rd Street in the
petition of Arthur S. Kreger, Shirley K. Levin, Ruth S.
Kreger, Parker-Sparks, Inc. and Roger W. Hiller (Virginia
Beach Borough).
a. Letter from the City Manager transmits the
recomendation for final approval.
H. PLANNING (Cont'd)
2. Application of Charity United Methodist Church for a
conditional use permit for an addition to a church
(education building) on a 31,363-square foot parcel located
at the norhtwest corner of Gum Bridge Road and Charity Neck
Road (Pungo Borough).
(This application was expedited by City Council on March 5,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Martha L. Kirtley for a conditional use
permit for a home occupation (natural child birth classes)
on an 11,979-square foot parcel located at 4604 Gilling
Court (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of CBN for a conditional use permit for a line-
of-sight relay device on a 14.274-acre parcel located ou@th
Tf the intersection of Indian River Road and Centerville
Turnpike (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Harris W. Pardue T/A Westview Auto Center for
a conditional use permit for an auto repair establishment on
a 32,800-square foot parcel located at the northwest corner
of Indian River Road and Sunnyside Drive (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Comission
for approval.
6. Application of Evelyn M. Fleming for a conditional use
permit for a rest/retirement home on a 4.36-acre parcel
located along the west side of Salem Road, south of
Recreation Drive (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Harry T. and Leatha L. Ferguson for a change
of zoning from R-8 Residential District to B-2 Community-
Business District on a 1.44-acre parcel located along the
south side of Indian River Road, west of Kempsville Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8 . Application of Heritage Construction Company, Inc. for a
change of zoning from R-6 Residential District to R-8
Residential District on a 2.385-acre parcel located afon-g
the west side of @iddle Avenue, south of Air Station Drive
(Lynnhaven Borough).
(This application was referred back to the Planning
Commission by City Council on February 6, 1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of R. G. Moore Building Corporation for a change
of zoning from B-2 Community-Business District to R-8
Residential District on a 40,293-square foot parcel located
along the east side of Salem Road, north of Elbow Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of John E. and Wilma M. Sirine for a change of
zoning from R-6 Residential District to 0,-1 Office District
on a 19,586-square foot parcel foc-ated @long the east s d@e
of South Fir Avenue, south of Bonney Road (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
I. APPOINTMENTS
1. Community Services Board
2. Housing Board of Appeals
J. UNFINISHED BUSINESS
1. Request of Charlemagne Associates, Inc., developer of
Charlemagne by the Bay Condominiums, for an encroachment
onto a public pedestrian access easement.
(This request was deferred for 30 days on February 6,
1984 and for an additional 30 days on March 12, 1984
until today.)
K. NEW BUSINESS
1. Utility Extension Policy - Presentation by Mr. Aubrey V.
Watts, Jr., Public Utilities Director
L. ADJOURNMENT
1. Motion to adjourn.
PUBLIC HEARING: FY 84-85 OPERATING BUDGET
APRIL 23, 1984, 2:00 P.M.
CITY COUNCIL CHAMBERS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
BUDGET WORKSHOP
April 16, 1984
10:30 a.m.
In response to City Council inquiries, Real Estate Assessor Jerald
Banagan explained the REAL ESTATE ASSESSMENT PROCESS. In an effort to
explain the various procedures, samples of records were distributed to
Council. (These samples are hereby made a part of the record). An assessment
record is kept on each property in the City and a map of each neighborhood
in the City is maintained for market comparison. Average typical increase
for Assessments in the City of Virginia Beach was 4-1/2%. However, the City has
approximately 100,000 parcels and about 13,000 parcels increased more than 10%.
Mr. Banagan further referenced that apartments have been good investments in the
last two years. Rents have been increasing and vacancies are very low. A-
partments increased twice the City average this year. Convention Hotels
appreciated considerably. Generally, the percent of increase on the assessment
reflects a year's appreciation, and in some cases shows an adjustment in the
previous year's assessment. STATE LAND EVALUATION ADVISORY COMMITTEE forwards
the City each year a breakdown of the recommended values per acre of tillable
forest, marsh and swamp land. As a result of SLEAC's classifications, there
has been a dramatic percentage of increase on marsh and swamp lands.
The appraiser's office is working with Data Processing now and should be com-
puterized within eighteen months. Basically these computers will be used for
storage of data. Approximately twenty-two (22%) percentof the City's revenue
is derived from real property taxes.
The City Manager referenced responses by members of City Council to the Pre-
liminary Survey of the FY 1984-1985 Operating Budget, and how these re-
sponses served as guidelines in the City's formulation of the Budget. The
City Manager also referenced inquiries by Council concerning his recommendation
for Employee Salary Increase of 7-1/2%. This increase was based on main-
taining a comparison with the schools' district, the State of Virginia, and
other cities to keep Virginia Beach in a competitive market. In response to
Council inquiries regarding the impact of growth on the Revenue are estimated
to be approximately $13,356,000. Council had also referenced the number
of new positions recommended in the Budget. In response to questions
involving the City's Media Salary for FY 1984, the average is $16,968.
With reference to master meters, after several meetings with utility
companies, it was determined that due to cost effectiveness it should
remain unchanged.
The City Manager reviewed the REVENUES of the FY 1984-1985 OPERATING BUDGET.
By CONSENSUS, a review of the EXPENDITURES will be discussed after the
PUBLIC HEARING in INFORMAL SESSION, April 23, 1984.
April 16, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 16,, 1984
The Regular Meeting of tbe Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, April 16, 1984, at Twelve Forty-five in the
afternoon.
Council Members Present:
John A. Baurn, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 2 -
ITEM # 21705
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-
344, coae of Virginia, as amendea, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Jones, seconded by Vice Mayor Henley, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 3 -
M A T T E R S B Y C 0 U N C I L
CITY CODE AMENDMENT
PERSONAL PROPERTY/
REAL ESTATE TAXES ITEM # 21706
Councilwoman McClanan referenced an Amendment to Ordinances to amend
and reordain Section 35-6(a) of the Code of the City of Virginia Beach
pertaining to penalty and interest on personal property taxes, and Sec-
tion 35-37 (a) of the Code of the City of Virginia Beach pertaining to
penalty and interest concerning taxes on real estate (See Item II-G.3
of the Formal Agenda). Councilwoman McClanan requested this amendraent
be inserted as paragraph (c) of each of the above mentioned Ordinances
This addition is as follows:
"Provided, however, this amendment shall not reduce the
amount of any delinquent taxes for which a penalty and
interest were assessed or were assessable prior to the
date of the adoption of this amendment."
INDUSTRIAL REVENUE
BONDS ITEM # 21707
Councilman Jennings referenced Article in the ARKANSAS GAZETTE about Supreme
Court declaring invalid $4 MILLION in INDUSTRIAL REVENUE BONDS issued by
Little Rock for construction of a motel. Councilman Jennings also referenced
article of March 31, 1984 from the VIRGINIAN-PILOT concerning pending legis-
lation. (Said articles are hereby made a part of the record) . Councilman
Jennings suggested discussion of Industrial Revenue Bonds be placed
on the AGENDA in City Council's meeting with Virginia Legislators on
May 9, 1984.
RESIDENTIAL
AGRICULTURAL LAND USE ITEM # 21708
Councilman Baum referenced Article by Olqa Wickerhauser in THE VIRGINIAN-
PILOT of April 16, 1984 (Said article is hereby made a part of the record).
This article concerned conflicts between residential and agricultural use
of land.
REORGANIZATION
PLAN ITEM # 21709
Councilman Jones requested information concerning the City Manager's REORGANI-
ZATION. The City Manager responded that he is formulating job descriptions
and has requested $150,000 be included in the FY 85 Budget ADOPTION on May 15,
1984. Hopefully reorganization will be effective by or soon after July 1, 1984.
April 16, 1984
- 4 -
M A T T E R S B Y C I T Y M A N A G E R
PROPOSED BOND
REFERENDUM ITEM # 21710
The City Manager, in a discussion with City Council concerning the Proposed
Bond Referendum Date, referenced conversations with the REGISTRAR and that
he had been advised a SPECIAL ELECTION could not be held within 60 days
of the General Election. Therefore, it appeared the latest date a Special
Election could be held would be September 4, 1984. Approximate cost
of a Special Election would be $50,000. The City Manager and his staff
will confer with the newly retained Bond Consultants on April 24, 1984,
after which Council may wish to evaluate.
KEMPSVILLE GREENS ITEM # 21711
Director of Planning Robert J. Scott presented information concerning KEMPS-
VILLE GREENS revision to the PLANNED UNIT DEVELOPMENT PLAN (Kempsville
Meadows Golf Course). The developer has indicated he wishes to deviate from
the concept of a ten (10) story highrise and replace same with three 6-story
and one 5-story structures. Council had originally approved the PUD Plan with
450 units. The number of units to be in the highrise was originally 154 and
this plan reduces that number to 138. The difference would be made up else-
where. The City Staff will meet with Civic Leagues in order that they might fully
understand the plan, as originally presented, has been altered considerably.
TIMBERLAKE
LAND USE PLAN ITEM # 21712
TIMBERLAKE ASSOCIATES proposed an additional gasoline service station on
Independence Boulevard which was not approved in the original Land Use Plan.
This approval will be ADMINISTRATIVELY executed.
VIRGINIA BEACH RACQUET CLUB ITEM # 21713
Director of Planning Robert J. Scott referenced VIRGINIA BEACH RA@UET CLUB
on Great Neck Road and Thomas Bishop Lane and clarified their original plans
indicated an addition to an existing building; however, current plans indicate
a free standing building to the north of that existing building. Structures
are approximately the same size. Staff will ADMINISTRATIVELY execute.
April 16, 1984
- 5 -
MAT T E R S BY C IT Y MANA GE R
(Continued)
CONSENT AGENDA
OCEAN PARK DRAINAGE
PROJECT ITEM # 21714
Councilman Jennings inquired as to Ocean Park Drainage Project (See Item
II-G.8 of the Formal Agenda). Councilman Jennings was concerned about
water being discharged into Crab Creek, a tributary of Pleasure House
Creek which empties directly into the Western Branch of the Lynnhaven River.
Staff will request PRESENTATION to City Council by Paul Fisher, Director
of HAMPTON ROADS QUALITY WATER DEPARTMENT.
PERSONAL PROPERTY/
REAL ESTATE TAXES ITEM # 21715
Councilman Heischober requested an Amendment to ordinances to amend and
reordain Section 35-6(a) of the Code of the City of Virginia Beach per-
taining to penalty and interest on personal property taxes, and Section
35-37 (a) of the Code of the City of Virginia Beach pertaining to penalty
and interest concerning taxes on real estate (See Item II-G.3 of the Formal
Agenda). This addition is to be inserted in paragraph (a) of each Ordi-
nance after the words "nine and six-tenths (9.6) percent per annum". This
addition is as follows:
"and after the first year at the published IRS rate"
POLICE AND
FIRE VEHICLES ITEM # 21716
Councilman Heischober inquired as to ordinance to appropriate funds of
$435,600 for police and fire vehicles and reduce the 1984-1985 Budget re-
quest for those vehicles by $453,000 (See Item II-G.7 of the Formal Agenda).
PLANNING ITEM
CHARITY UNITED
METHODIST CHURCH iTEm # 21717
ADD ON
City Manager referenced application of CHARITY UNITED METHODIST CHURCH for a
Conditional Use Permit for an addition to a church (See Item II-H.2 of the
Formal Agenda). one of the conditions of this application entailed a
five-foot dedication along the frontage on Charity Neck Road. As a ceme-
tary and septic tank drain line would be involved, a change of language was
necessary with reference to the dedication being held in abeyance until the
City decided improvements on road frontage may be needed.
I
RECESS INTO
EXECUTIVE SESSION ITEM # 21718
City Council recessed into EXECUTIVE SESSION at 1:40 p.m.
April 16, 1984
- 6 -
P 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 16, 1984
2:00 p.m.
Council members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
INVOCATION: Father James Dorsan
Church of the Holy Family
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 16, 1984
7
Item II-D.1
MINUTES ITEM 21719
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED the Minutes of April 9, 1984.
Voting: 7-0
Council Members Votinq Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Robert G. Jones
Coundil Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
8
Item II-D. 2
CORRECTIONS
MINUTES/MA,RCH 26, 1984 ITEM # 21720
Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City
Council APPROVED the CORRECTIONS to the Minutes of March 26, 1984.
(See ITEM #21602, Page 11, March 26, 1984 RESOLUTIONS) Minutes should read
as follows:
"Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council ADOPTED a Resolution
inviting and encouraging the issuance of Special Revenue
Bonds to ROSEGATE ASSOCIATES ($1,500,000) through the
SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY."
Voting: 8-0
Council Members Votinq Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
9
Item II-E.1
PUBLIC HEARING ITEM 21721
Mayor Jones declared a Public Hearing on the following:
PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS OF $435,600
FOR POLICE AND FIRE VEHICLES AND REDUCE THE 1984-1985
BUDGET REQUEST FOR THOSE VEHICLES BY $453,000.
Inasmuch as there were no speakers, Mayor Jones claosed the Public Hearing.
April 16, 1984
9a -
PUBLIC tDrICE
PUBLIC HEARIRC
CITY OF VIRGINIA BEACH
PROPOSED BUDGETARY INCREASES
FOR TtiE 1983-1984 FISCAL YEAR
Pursuant to Chapter 2,
of the City Code a public
hearing will be held by the
city council in council
Chambers in the City Hall
Building on MOndaY, April 16,
1984 at 2:00 p.m., to discuss
proposed increases in the
Budget for fiscal year
1983-1984 as follows:
PROPOSED INCREASES
General Fund
olice Department 4i j56,400
Fire Department 49,500
Sheriff's OffiCe 9,701
Total General Fund $ 435,600
ESTIKATED REVENUES
General Fund
Unappropriatea
Fund Balance $ 435,600
individuals desiring to
provide oral coment should
register before the hearing
begins with the City Clerk's
office on the second floor of
the City Hall Building bY
calling 427-4303.
u H
City Clerk
To APPEAR IN THE VIRGINIA
BEACH "SUNII, WEDNESDAY,
APRIL 4, 1984.
KAR/5 HEARING1
April 16, 1984
- 10 -
Item II-F.1
RESOLUTIONS ITEM # 21722
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED a Resolution declaring need for NEWPORT NEWS REDEVELOP-
MENT AND HOUSING AUTHORITY to issue Rental Housing Development ]3onds
for PEPPERTREE II ASSOCIATES, A Virginia Limited Partnership to be formed
in which Snyder-Hunt Corporation will be the General Partner. Amount of
Bonds is $8,000,000.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
10a -
RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH
DECLARING NEED FOR
NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTFIORITY
TO ISSUE RENTAL HOUSING DEVELOPMENT BONDS
FOR PEPPERTREE 11 ASSOCIATES, A
VIRGINIA LIMITED PARTNERSHIP TO BE FORMED
IN WHICH SNYDER-HUNT CORPORATION
WILL BE THE GENERAL PARTNER
WHEREAS, the Newport News Redevelopment and Housing
Authority (the Authority) has requested the Virginia Beact,
City Council (the Council) to declare that there is a need
for the Authority to exercise its powers in the City of
Virginia Beach (the City) to issue its Rental Housing
Development Bonds (the Bonds) in an amount not to exceed
$8,000,000 to assist Peppertree 11 Associates, a Virginia
limited partnership to be formed in which Snyder-Hunt
Corporation will be the general partner (the Company), in
financing the acquisition and construction of the Peppertrue
Ii Apartments to be located on the north side of Wildwood
Drive, west of Colonial Arms Circle and the Atlantic Hygieile
Center in Virginia Beach, Virginia (the Project); and
WHEREAS, the Council has held this day a public
hearing on this matter; and
WHEREAS, the Company has indicated that the Project
will remain residential rental property for a minimum ot Leii
years and 20% of the units will be occupied at all times by
low to moderate income tenants in compliance with
103(b)(4)(A) of the Internal Revenue Code; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council hereby declares that there is a
need for the Authority to exercise its powers to issue tlie
Bonds in the City.
2. There is a shortage of safe or sanitary
dwelling accommodations in such municipality available to per-
sons of low income (as defined in Section 36-3 of the
Virginia Housing Authorities Law of the Code of Virginia of
1950, as amended) and these conditions can be best remedied
through the exercise of the Authority's powers within tlie
City to issue its Bonds.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by a quorum of the Council of the City of
Virginia Beach, Virginia, on April 16 1984.
April 16, 1984
10b -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY
Project Name: Peppertree II Apartments
Project Location: North side of Wildwood Drive,
west of Colonial Arms Circle
and the Atlantic liygiene Center
in Virginia Beach, Virginia
Description of Project: Multifamily rental housing
apartment complex
Amount of Bond(s): $8,000,000
Principals: General partner will be
Snyder-Hunt Corporation
The purpose of this Resolution is to encourage and invite Newport
News Redevelopment and Housing Authority to issue its bonds for
the benefit of Peppertree II Associates.
A fiscal impact statement will be attached to and submitted with
the Resolution approving the issuance of the bonds.
April 16, 1984
Item II-G.
CONSENT AGENDA ITEM 21723
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council APPROVED in ONE MOTION, Items 1, 2, 31 4, 5, 6, 7, 8- 9, 10,
and 11 of the CONSENT AGENDA.
-Items 3 and 8 were approved for DEFERRAL.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 12 -
Item II-G.1
CONSENT AGENDA ITEM # 21724
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution endorsing the application for the
Seventh Program Cycle of the CLEAN COMMUNITY SYSTEM PROJECT; authorizinq
the City Manager to direct the necessary staff to plan, budget and apply
for a grant to be used to fund this Program; AND, requesting the Department
of Conservation and Economic Development, Division of Litter Control, to
consider and approve this application.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
12a -
The recjular @ting of the Council of the City of Virginia Beach, Viryi[IL,l
was held in Council rs of the City Hall Building on LtiL, ciay C)i
A-li 1 1984.
On motion by and Seconded by Councilwoman
the following resolution was adopted.
RESOLUTION
, the Council of the City of Virginia Beach recognizes the
existence of a litter problern within the boundaries of the City of VirgiiiiA
Beach; and
, the Vixginia Litter Control Act of 1976 provides, through thc,
Department of Conservation and Econcinic Devel t, Division of Litter Control,
for the allocatim of public funds in @ fom of Grants for thL purpo@ cf c-ii-
hancing local litter control progr@; and
, the istrative staff has reviewed and considered thL, Regulatic)ns
and the Application covering adnmistration and use of said funds.
NOW, RE, BE IT RESOLVED that the Council of the City of Virginii
Beach hereby endorses and supports such a program for the City of Virginia Beach
as is indicated in the attached Application Fam EC@l and hexeby authorizes
the City Manager to give direction to the necessary staff to plan, budget, and ap-
ply for a Grant, which, if approved, will be used to fund said Program; and
BE IT @ RESOLVED @t the Depa@t of C(-)nser-vzitioii aiid Ecoiicliiic
Devel t, Division of Litter Control, is hereby requested to considcr arid
approve said Application and Procjram, said Program being in accord with thc,
regulations governing use and expenditure of said funds.
April 16, 1984
- 13 -
Item II-G. 2
CONSENT AGENDA ITEM # 21725
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED the following Ordinances:
Ordinance to amend and reordain Section 18-108 Subsection
(a) of the Code of the City of Virginia Beach, virginia,
pertaining to TEMPORARY AND TRANSIENT BUSINESSES;
Ordinance to amend and reordain Section 18-93 Subsection
(a) of the Code of the City of Virginia Beach, virginia,
pertaining to PEDDLERS generally;
AND,
Ordinance to amend and reordain Section 18-94 Subsection
(a) of the Code of the City of Virginia Beach, virginia,
pertaining to PEDDLERS of bottled drinks, hot dogs and
wrapped sandwiches.
Voting. 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 13a -
REQUESTED BY: COMMISSIONER OF THE REVENUE
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 18-108 SUBSECTION (A) OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO TEMPORARY OR
TRANSIENT BUSINESSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-108 Subsection (a) of the Code of the
City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Sec. 18-108. Temporary or transient businesses.
(a) Every person who shall engage in, do or transact
any temporary or transient business in the city for the sale of
goods, wares and merchandise and who, for the purpose of carrying
on such business, shall hire, lease, use or occupy any building
or structure, motor vehicle, tent, car, boat or public room, or
any part thereof, including rooms in hotels, lodginghouses or
house of private entertainment, or in any street, alley or other
public place, for a period of less than on year, for the
exhibition of or sale of such goods, wares or merchandise, shall
pay for such privilege, a tax of $500.00.
fraction-thereefv The license for which such tax is paid shall
not be transferable.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 16 day of April 1983.
MES/sm
6/9/83
9/13/83
3/28/84
(E)
April 16, 1984
13b -
REQUESTED BY: COMMISSIONER OF THE REVENUE
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 18-93 SUBSECTION (A) OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO PEDDLERS
GENERALLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-93 Subsection (a) of the Code of the
City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Sec. 18-93. Peddlers Generally.
(a) Every person peddling goods, wares, merchandise or
products of any description, except as in this this chapter
otherwise provided, shall pay a license tax of 059799 $500.00.
All peddlers applying_to be licensed under this section shall-
first obtain a permit from the Man@@..
Adopted by the Council of the City of Virginia Reach,
Virginia, on the 16 day of April 1983.
MES/sm
6/9/83
11/21/83
(E)
April 16, 1984
13c -
REQUESTED BY: COMMISSIONER OF THE REVENUE
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 18-94 SUBSECTION (A) OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO PEDDLERS
OF BOTTLED DRINKS, HOT DOGS AND
WRAPPED SANDWICHES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-94 Subsection (a) of the Code of the
City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Sec. 18-94. Peddlers of bottled drinks, hot dogs and wrapped
sandwiches.
(a) Every person peddling bottled soft drinks, hot
dogs and wrapped sandwiches from a cart, wagon, truck,
automobile, basket or tray shall pay a license tax of $50700
$300.00. All peddlers licensed under this section shall first
obtain a permit from the City M@a @r. Such tax shall not be
prorated and the license shall not be transferable.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 16 day of April 1983.
MES/sm
6/9/8 3
9/13/83
3/28/84
(E)
APPROVED AS TO CON-Cll'.'@IT
SIGNATURE
DEPARTMENT
ED Al T I R,
_T,,
C,T, 'T""",
April 16, 1984
- 14 -
Item II-G.3
CONSENT AGENDA ITEM # 21726
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council DEFERRED for one week until the City Council Meeting of
April 23, 1984, the following:
Ordinance to amend and reordain Section 35-6(a) of the Code
of the City of Virginia Beach pertaining to penalty and
interest when PERSONAL PROPERTY TAXES not paid on time;
AND,
Ordinance to amend and reordain Section 35-37(a) of the
Code of the City of Virginia Beach pertaining to penalty
and interest when installment not paid on time (TAXES ON
REAL ESTATE).
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
14a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-6(a) OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO PENALTY AND INTEREST WHEN
PERSONAL PROPERTY TAXES NOT PAID ON
TIME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-6(a) of the Code of the City of
virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 35-6. Penalty and interest when personal property taxes
not paid on time.
(a) In the event any taxes on personal property are not
paid on or before the time the same are due and payable as set
forth in section 35-5, there shall be added thereto a penalty of
ten (10) percent of the amount of such unpaid taxes or the sum oE
ten dollars ($10.00), whichever shall be greater, and such taxes
and penalty shall bear interest commencing on the first day
following the day such taxes were due, at the rate of nine and
six-tenths (9.6) per ahnum.
(b) The assessment of a penalty under this section
shall not be deemed a defense to a criminal prosecution for
failing to make such return of taxable property as may be
required by law.
Adopted by the Council of the City of Virginia Beach,
Virginia, this day of 1984.
MES/re
3/22/84
(G)
A5 rkD
April 16, 1984
14b -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-37 (a) OF THE CODE OF
THE CITY OF VIRGINIA BEACH
PERTAINING PENALTY AND INTEREST
WHEN INSTALLMENT NOT PAID ON
TIME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-37(a) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 35-37. Penalty and interest when installment not
paid on time.
(a) In the event any installment of taxes on real
estate is not paid on or before the time the same is due and
payable as set forth in section 35-36, th.ere shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be greater, and such installment and penalty shall bear
interest commencing on the first day following the day such taxes
were due, at the rate of nine and six-tenths (9.6) percent per
annum"
pereent-per-annumv
(b) The assessment of a penalty under this section
shall not be deemed a defense to any criminal prosecution for
failing to make such return of taxable property as may be
required by law.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1984.
MES/re
3/22/84
(G)
April 16, 1984
- 15 -
Item II-G.4
CONSENT AGENDA ITEM * 21727
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to transfer Capital Project Funds of
$37,573 to Project 2-812 OCEANA NAS Entrance.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Mem]Ders Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 15a -
AN ORDINANCE TO TRANSFER
CAPITAL PROJECT FUNDS OF
$37,573 TO PROJECT 2-812
OCEANA NAS ENTRANCE
WHEREAS, project 2-812 Oceana N.A.S. Entrance was one of the capital
projects approved for close-out by City Council on June 27, 1983, and
WHEREAS, an additional bill froin the Virginia Department of Highways
and Trarisportation to be charged to this project required the project to reinain
open, and
WHEREAS, project 2-812 will need additional funds of $37,573 to offset
the cost of the additional expenditure, and
WHERF,AS, the necessary funds may be transferred frofn project 2-605
Buccaneer Road Bulkhead due to the axvletion of the project,
NOW, THEREFORE, BE rr ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $37,573 be transferred from project 2-695 Buccaneer Road
Bulkhead to T)roject 2-812 Oceana N.A.S. Entrance to cover the additional expen-
diture for that project.
Adopted by the Council of the City of Virginia Beach on the 16 day
of April 19-.
RATS/15-ORD1 April 16, 1984
- 16 -
Item II-G.5
CONSENT AGENDA ITEM # 21728
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to transfer funds of $65,000 from the
Water and Sewer Reserve for Contingencies for a NEW METER READING SYSTEM.
Voting: 8-0
Council Members Voting Aye;
John A. Dam, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 16a -
AN ORDINANCE TO TRANSFER
FUNDS OF $65,000 FROM THE
WATER AND SEWER RESERVE FOR
CONTINGENCIES FOR A NEW METER
READING SYSTEM
WHEREAS, the Department of Public Utilities has been
notified by the manufacturer Of the city,, present meter
reading system that repair and replacement parts are no
longer in production for several of the system's critical
components, and
WHEREAS, the Department of Public Utilities is concer,,d
that the unsure maintenance support on equipment that has
been in service over five years will hamper the meter reading
effort, and ultimately the billing cycle may be affected,
and
WHEREAS it is the recommendation of the Department that
city staff proceed with the acquisition of a new meter
reading system which based on current prices will cost
approximately $65,000, and
WHEREAS, the funds needed for the purchase of a new
system are available in the Water and Sewer Fund Reserve for
Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $65,000 be transferred
from the Water and Sewer Fund Reserve for Contingencies to
the Department of Public Utilities for the acquisition of a
new meter reading system.
This ordinance shall be effective from the date of its
adoption.
Adopted: April 16, 1984
TO 1COtI.TEi4T
D',PA@,ME'4T
TOOIOP
"T, ,T,,-, @14EY April 16, 1984
- 17 -
Item II-G.6
CONSENT AGENDA ITEM # 21729
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an ordinance to transfer funds of $39,000 from the
Water and Sewer Reserve for Contingencies for the purchase of three
TRAILERS (Department of Public Utilities).
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 17a -
AN ORDINANCE TO TRANSFER FUNDS
OF $39,000 FROM THE WATER AND
SEWER RESERVE FOR CONTINGENCIES
FOR THE PURCHASE OF THREE TRAILERS
WHEREAS, Automotive Services has advised the
Department of Public Utilities of the need to repair
three utility trailers due to the Poor design of the
axle and hub assembly, and
WHEREAS, the repair cost will be $5,400/per
trailer for axle and suspension replacement, and
WHEREAS, two of the trailers are scheduled for
routine replacement in PY85 and consequently the
Department of Public Utilities desires to purchase at
this time new trailers with a five year service life at
a cost of $13,000 each rather than expend funds for
repair costs for one year, and
WHEREAS, the funds of $39,000 needed for immediate
purchase are available in the Water and Sewer Fund
Reserve for Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $39,000 be transferred
from the Water and Sewer Fund Reserve for Contingencies
to the appropriate budget units in the Department of
Public Utilities for the purchase of three trailers.
13E IT FURTHER ORDAINED that the FY85 budget request
of the Department of Public Utilities for the acquisition
of two trailers be reduced by $26,000.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach
on Sixteenth d,y of April 1984.
APi)rZ,_',@ro A@, TO CO:@'TF.14T
April 16, 1984
AST
ATIL
CIII ATTRNEY
Item II-G.7
CONSENT AGENDA ITEM 21730
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council APPROVED , on FIRST READING, an Ordinance to appropriate funds
of $435,600 for POLICE AND FIRE VEHICLES and reduce the 1984-1985 Budget
request for those vehicles by $453,000.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- lBa -
AN ORDINANCE TO APPROPRIA,RF,
FTINDS OF $1:35,600 FOR POT,T('E
ANI) ANI)
Till," l@)91-1985 BIIDGI,',T
FOR TIIOSE VEIIICI,ES BY
WHEREAS, the State Office of Piirchas(,s and Stil)p]N,
indicated that the city m,,ty purchase poliee and rir(, v(@hi(,,](,,,
under the current State contract which (,xpirc,,- on Af)ril
1984, and
WHEREAS, the Police and Fire Departments and
Office have rc,,qii(@st(,c] tlial. the city purchase und(,r tli(,
current State contract a total of forty-four marked v(,Iii(,](@,
proposed for th(@s(,, of'ric(,,s in th(@ FY 84-85 op(@r:it it)g
and
WHEREAS, a purchase at this time will s,,tve 3@) to 5'; in
purchase price over next year, and will provid(@ a mor(,
acceptable delivery time on next year's cars, and
WHEREAS, the total cost for a pur(,hase now is $il35,(;OO
based on a unit cost of $9,900 and the FY 85 budget
for these vehicl(,,s will b(, redu(@ed by $453,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIE, 01,' I'lil@]
CITY OF VIRGINIA BEACII that runds of $435,600 b(', approl)ri;Lt.(,Ci
from the General I?iitid Biilaiiec for the I)ur(-,hase of@ fort.\'-@OLII'
marked vebieles ts follows:
Apl)ropriation
Police Department (36 units) $356,400
Fire Departm(@nt (5 units) 49,500
Sheriff's Office (3 units) 29,700
Total $435,600
BE IT FURTHER ORDAINED that tll(, l'Y 85 I)Lidg(,t
of the Police and Fire Departments and Sheriff's Office for
the acquisition of ttiese v(@hicles be reduc(,,d 1).v @3C)0,000,
$50,000, and $43,000 respectively.
AdoptE,d by th(@ ('otin(@il oi@ tli(, ('it,y ol'
Virginia on the day of 19-.
Public Hearing:
First Reading: April 16, 1984
Second
- 19 -
Item II-G.8
CONSENT AGENDA iTEm # 21731
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council DEFERRED for Council Briefing the following:
Low bid of Warbler Construction Company, Inc., in the
amount of $651,842.40, for CONTRACT I;
Low bid of Crowder Contracting Company, Inc., in the
amount of $363,700-00 for CONTRACT II, for the OCEAN
PARK DRAINAGE PROJECT, PHASE I;
AND, authorize the City Manager to enter into the nec-
essary agreements for the implementation of these projects.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 20 -
Item II-G.9
CONSENT AGENDA ITEM # 21732
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council APPROVED Bingo/Raffle Permits for the following:
ST. NICHOLAS GREEK ORTHODOX CHURCH
FRIENDS OF ROLLER SKATERS
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 21 -
Item II-G.10
CONSENT AGENDA ITEM # 21733
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council APPROVED Certificate of Public Convenience and Necessity
for the patient van operated by the Virginia Beach Dialysis Center
for the following:
DAVID W. BEST, M.D.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
- 22 -
Item II-G.11
CONSENT AGENDA ITEM # 21734
Upon moton by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance authorizing License Refunds in the
amount of $768.19 upon application of certain persons and upon certi-
fication of the Commissioner of the Revenue.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy,
Jr., D.D.S.
April 16, 1984
22a -
AN OIIDINANCE AUTHOIIIZING LICENSF- riEFUNDS
UPON APPLICATION OF CERTAIN @'E[isONI; Atql)
UPON CERTIFICATION OF T[iE COMMISSIONEI-I
OF THE REVENUE
BE IT 0RDAINED BY THE COUNCIL OF THE CITY C)F VIRGINIA 13EACII,,VI[IGINIA:
That the following applications for license refunds, upon certification of tlie Collirli"'SiOn-:!r Of tlle
Revenue ire hereby approved:
NAME License Date Base Penalty lnt. Tol@il
Year Paid
Adains, Itzindolph
T/A Adams Coritracting
3556 ifilber StrLet
Va. Beach, VA 23452 Audit Credit 3.0.24 10.24
Alexayider, Peter, MD
1537 Baypoint Dr.
Va. Beach, VA 23454 Audit CrdO'lt 699.20 (@99.20
Cr,iwford, George 11.
c/o Eleanor Crawford.
105 DePaul Medical Bldg. 1983 7/14/83 58.75
Norfolk, VA 23505
c eilt:
c
Approved a
son
This ordinance shall be effective from date of ey
adoption.
The above abatement(s) totaling $7G8 @9_ were approved by the Council
16
oi the City of Virginia Beach on the --- day of
Ruth Hodges Smith
City Clerk
April 16, 1984
- 23 -
Item II-H.1
PLANNING ITEM # 21735
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an ordinance upon application of ARTHUR S. KREGER, SHIRLEY
K. LEVIN, RUTH S. KREGER, PARKER-SPARKS, INC., AND ROGER W. MILLER for a
Street Closure as per the following:
FINAL APPROVAL
ORDINANCE UPON APPLICATION OF ARTHUR S. KREGER, SHIRLEY
K. LEVIN, RUTH S. KREGER, PARKER-SPARKS, INC., AND ROGER
W. MILLER FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT
OF A 20-FOOT ALLEY
Ordinance upon Application of Arthur S. Kreger, Shirley K.
Levin, Ruth S. Kreger, Parker-Sparks, Inc., and Roger W.
Miller for the discontinuance, closure and abandonment
of a 20-foot alley located on the west side of Arctic
Avenue beginning at a point 140 feet south of 33rd Street
and running in a westerly direction a distance of 150
feet. Said parcel contains 3000 square feet. VIRGINIA
BEACH BOROUGE
Voting; 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
23a
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
ARTHUR S. KREGER, et al.
SHIRLEY K. LEVIN, et al.
RUTH S. KREGER, et al.
PARKER-SPARKS, INC., et al.
ROGER W. MILLER, et al.
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF AN ALLEY 201 X 1501.1@N VIRGINIA BEACH
BOROUGH, IN TIIE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicants, Arthur S. Kreger, Sliirley K. Levin, Ruth
S. Kreger, Parker-Sparks, Inc., and Roger W. Miller, to be
presented to the City council of the C@@ty of Virginia Beach,
Virginia, on the 7th d@,y of Novembc@r 1 1983, for the
vacation of the hereinafter described alley in the City of
Virginia Beach, Virginia, was on the 27th day of September,
1983, and on the 4th day of October, 1983, duly published
twice with six days elapsing between the two publications
in a newspaper published or having gen,@ral circulation in
the City of Virginia Beacli, Virginia, @;pecifying the time
and place of hearing at which affected persons might appear
and present their views, in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of an alley 201
x 150'; and
WHEREAS, said application wa!3 made to the City
Council of the City of Virginia Beach, Virginia, on the
10th day of October, 1983, and in confomity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the City
of Virginia Beach, Virginia, on the 10 day of October, 1983,
appointed Robert J. Scott David Grochmal and
C. Oral Lambert, Jr. ,as viewers to view such street and
report in writing whether in their opinion any, and if
any, what inconvenience %,,ould result from discontiuing the
November 7, 1983
23b
same, and said viewers have made such report to the City
Council of the CitY of Virginia Beach, Virginia; and '
WHEREAS, from such report and other evidence, and
after notice to the land proprietors a@@fected thereby, along
the alley 20' x 150' proposed to be vacated, it is the
judgment of the City Coun--il of the City of VirginiA Beach,
virginia, that these Proceedings have been instituted,
conducted and concluded in the manner Prescribed by Code of
Virginia, section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portion of Said
alley, and that the portion of said alley should be vacated
and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of an alley 201 x
150' in the Borough of virginia Beach, in the City of
Virginia Beach, Virginia, be and the same is hereby v4cated
and discontinued:
All that certain piece or parcel of land
situate, lying and being in the City of
'Virginia Beach, State of Virginia, designated
as that portion of a 20' alley or lane in
Block 105 on that certain plat entitled
"Map of Linkhorn Park, Property of Virginia
Beach Developmelit Company an,,l Adjacent
Properties," wh@-ch plat is recorded in
the Clerk's Office of the Circuit Court
of the City of virginia Beach, Virginia,
in Map Book 5, at page 151, fronting 201
on the western side of Arctic Avenue and
running back be@-ween parallel lines 1501;
its northern line being the southern line
of Lots 11, 12 and 13 in said Block 105;
and its southerii line being the northern
line of Lots 1, 2 and 3 in said Block 105;
and as shown on the plat attached entitled
"Street Closure Plat, Portion of 20' Alley
Located Between 32nd St. & 33rd St. and
West of Artic Avenue, Recorded in Block 105,
Map of Linkhorn Park, Property of Virginia
Beach Development Co. and Adjacent Properties,
M.B. 5, Pt. 2, P. 157, Virginia Beach Borough,
Virginia Beach, Va." dated June 15, 1983,
made by Gallup Surveyors & Engineers, Ltd.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virgiriia Beach, Virginia, as grantor,
and in the name of Arthur S. Kreger, Shirley K. Levin, Ruth
November 7, 1983
23c -
S. Kreger, Parker-Sparks, Inc., and Roger W. Miller as
grantees, in the Clerk's Office of the -@ircuit Court of the
City of Virginia Beach, Virginia, at the expense of the
applicants.
3. This Ordinance shall be effective thirty (30)
days from the date of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held
on the day of 198 .
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
FINAL APPROVAL: April 16, 1984
November 7, 1983
- 24 -
Item II-H.2
PLANNING ITEM # 21736
Floyd Waterfield, Building Corftmittee, represented the applicant.
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon applicaton of CFIARIT'Y UNITEI) METHODIST
CHURCH for a Conditional Use Permit. As noted by the City Manager, one
of the conditions of this application entailed a dedicatio,. As a ceme-
tary and septic tank drain line would be involved, a change of languge
was necessary for that condition.
ORDINANCE UPON APPLICATION OF CHARITY UNITED METHODIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR AN ADDITION
TO A CHURCH (EDUCATION BUILDING) R0484626
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Charity United Methodist
Church for a Conditional Use Permit for an addition to a
church on certain property located at the northwest ,rn,r
of Gum Bridge Road and Charity Neck Road, running a dis-
tance of 164.40 feet along the north side of Gum Bridge
Road, running a distance of 140.41 feet along the western
property line, running a distance of 154.70 feet along
the northern property line, running a distance of 136.38
feet along the west side of Charity Neck Road and running around
a curve a distance of 99.92 feet. Said parcel contains
31,363 square feet. PUNGO BOROUGH.
The following conditions shall be equired:
1. A 5-f@t dedication along the frontaqe on Charity Neck
Road,
and a 49-faet dedication along the
frontage on Gum Bridge Road,
when such londitions
are required by the City in connection with improvements
of those roads.
2. Approval of the necessary variances by the Board of Zoning
Appeals.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of April, Nineteen Hundred a,,d i@gh@ o@ur.
April 16, 1984
- 25 -
Item II-H. 2
PLANNING ITEM # 21736 (Continued)
Voting: 8-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober,H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Barbara M. Henley
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 26 -
Item II-H.3
PLANNING ITEM # 21737
Martha L. Kirtley, Applicant, in attendance to represent herself.
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council ADOPTED an ordinance upon application of MARTHA L. KIRTLEY for
a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF MARTHA L. KIRTLEY FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (NATURAL
CHILD BIRTH CLASSES) R0484627
BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Martha L, Kirtley for a
Conditional Use Permit for a home occupation (natural
child birth classes) on Lot 15, Bellamy Manor East.
Said parcel is located 4604 Gilling Court and contains
11,979 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Approval is limited to a period of two years.
2. Limited to a maximum of six couples one night a
week.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of April, Nineteen Hundred and Eighty-Four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 27 -
Item II-H.4
PLANNING ITEM 0 21738
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings,
City Council ADOPTED an Ordinance upon application of CEN for a Con-
ditional Use Permit.
ORDINANCE UPON APPLICATION OF CBN FOR A CONDITIONAL
USE PERMIT FOR A LINE-OF-SIGHT RELAY DEVICE R0484628
BE IT BEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of CBN for a Conditional Use
Permit for a line-of-sight relay device on certain prop-
erty located 1460.75 feet southwest of the intersection of
Indian River Road and Centerville Turnpike (Relocated),
running a distance of 474.37 feet in a southwesterly di-
rection, running a distance of 469.91 feet in a south-
easterly direction, running a distance of 544.80 feet
in a southerly direction, running around a curve in a
southeasterly direction a distance of 359.27 feet,
running around a curve in a northeasterly direction a
distance of 644.84 feet and running around a curve in a
northwesterly direction a distance of 1213.97 feet. Said
parcel contains 14.274 acres. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of April, Nineteen Hundted and Eighty-Four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 28 -
Item II-H.5 ITEM # 21739
Van Pardue, Applicant, was in attendance to respond to any questions
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of HARRIS W. PARDUE,
T/A WESTVIEW AUTO CENTER for a Conditional Use PerTnit.
ORDINANCE UPON APPLICATION OF HARRIS W. PARDUE, T/A
WESTVIEW AUTO CENTER FOR A CONDITIONAL USE PERMIT
FOR AN AUTO REPAIR ESTABLISHMENT R0484629
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Harris W. Pardue, T/A
Westview Auto Center for a Conditional Use Permit for
an auto repair establishment on certain property 10-
cated at the northwest corner of Indian River Road and
Sunnyside Drive, running a distance of 202.94 feet along
the north side of Indian River Road, running a distance
of 185.54 feet along the western property line, running a
distance of 115.16 feet along the northern property line
and running a distance of 245.18 feet along the west side
of Sunnyside Drive. Said parcel contains 32,800 square
feet. KEMPSVILLE BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
ixteenth day of April, Nineteen Hundred and Eighty-Four.
Voting: 9-0
Council Memhers Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Memhers Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 29 -
Item II-H.6
PLANNING ITEM # 21740
Attorney Glenn Croshaw represented the applicant.
Nianza E. Wallace, II, representing N. E. Wallace and Jackson Estate,
spoke in opposition
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman McClanan,
City Council DENIED an ordinance upon application of EVELYN M. FLEMING
for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF EVELYN M. FLEMING FOR A
CONDITIONAL USE PERMIT FOR A REST/RETIREMENT HOME
ordinance upon application of Evelyn M. Fleming for a
Conditional Use Permit for a Rest/Retirement Home on
certain property located on the west side of Salem
Road beginning at a point 1691.61 feet south of Recre-
ation Drive, running a distance of 212.16 feet along the
west side of Salem Road, running a distance of 986.19
feet along the southern property line, running a distance
of 187.65 feet along the western property line and running a
distance of 907.38 feet alonq the northern property line.
Said parcel is located at 1725 Salem Road and contains 4.36
acres. KEMPSVILLE BOROUGH
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 30 -
Item II-H.7
PLANNING ITEM # 21741
Sam Scott represented the Applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech City
Council ADOPTED an Ordinance upon application of HARRY T. AND LEATRA L. FERGUSON
for a Change of Zoning per the following@
ORDINANCE UPON APPLICATION OF HARRY T. & LEATHA L
FERGUSON FOR A CHANGE OF ZONING DISTRICT CLASSFICATION
FROM R-8 TO B-2 Z0484846
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA:
Ordinance upon application of Harry T. & Leatha L.
Ferguson for a Change of Zoning District
Classification from R-8 Residential District to B-2
COMMunity-Business District on certain property
located on the South side of Indian River Road
beginning at a point 900 feet more or less west of
Kempsville Road,running a distance of 150 feet
along the south side of Indian River Road, running
a distance of 412 feet along the western property
line, running a distance of 150 feet along the
southern property line and running a distance of
412 feet along the Eastern property line. Said
parcel contains 1.44 acres. KEMPSVILLE BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of April, Nineteen Hundred and Eighty-Four.
The following condition shall be required:
1. Dediciation of an appropriately sized scenic easement
along this site's frontage along Indian River Road.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
(Councilwoman Oberndorf noted: "As given the existing commercial pattern in
this area, the proposed rezoning is in keeping with the intent of the
Comprehensive Plan for the area.")
April 16, 1984
- 31 -
Item II-H-8
PLANNING ITEM # 21742
Attorney Harry Hicks represented the applicant.
(Mr. Hicks advised the acreage should be 2.80 as shown on the survey rather than
2.385 as shown in the city records.)
Z. W. Sturgis, Vice President of Heritage Construction.
A motion was made by Councilman Jennings, seconded by Counciman Heischober to
APPROVE an Ordinance upon application of HERITAGE CONSTRUCTION COMPANY for a
Change of Zoning from R-6 Residential District to R-8 Residential District per
the following.
Voting 4-5 (MOTION TO APPROVE LOST)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, and
H. Jack Jennings, Jr.,
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
THE MOTION TO APPROVE WAS DEFEATED BY A VOTE OF 4 TO 5.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City
Council DENIED the Ordinance upon application of HERITAGE CONSTRUCTION
COMPANY,INC., for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF HERITAGE CONSTRUCTION
COMPANY, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 to R-8
Ordinance upon application of Heritage Construction
Company, Inc., for a Change of Zoning District
Classification from R-6-iesidential District to R-8
Residential District on certain property located on
the west side of Riddle Avenue beginning at a point
169.40 feet south of Airstation Drive, running a
distance of 180 feet more or less along the west
side of Riddle Avenue, running a distance of 134.88
feet along the south side of Garden Drive, running
a distance of 133.39 feet in a southerly direction,
running a distance of 210 feet in an easterly
direction, running a distance of 131.25 feet in a
southerly direction, running a distance of 429.70
feet along the southern property line and running a
distance of 514.20 feet along the western property
line. Said parcel contains @@5- 2.80 acres.
LYNNHAVEN BOROUGH.
April 16, 1984
- 32 -
Item II-H-8
PLANNING ITEM # 21742 (continued)
Voting: 5-4
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G.
Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creecb, Harold Heischober, and H. Jack
Jennings, Jr.
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 33 -
Item II-H.9
PLANNING ITEM # 21743
Attorney Grover Wright represented the applicant.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO R-8 Z0484847
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District
Classification from B-2 Community-Business District
to R-8 Residential District on certain property
located 165 feet east of Salem Road beginning at a
point 70 feet more or less north of Elbow Road,
running a distance of 266.94 feet along the
southern property line, running a distance of
118.43 feet along the eastern property line,
running a distance of 234-09 feet along the
northern property line and running a distance of
219.45 feet along the western property line. Said
parcel contains 40,293 square feet. KEMPSVILLE
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of April, Nineteen Hundred and Eighty-Four.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Hayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 34 -
Item II-H.10
PLANNING ITEM # 21744
Attorney Grover Wright represnted the applicant.
Marie H. Russell, resident of Fir Avenue, was present in opposition to the
Rezoning.
William W. Turner, resident of Fir Avenue, was present in opposition to the
Rezoning.
(Letter from John E. and Wilma M. Sirine of April 3, 1984 requesting WITHDRAWAL
of their Application is hereby made a part of the record.)
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council APPROVED WITHDRAWAL of an Ordinance upon applicaton of JOHN E. AND
WILKA M. SIRINE for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF JOHN E. AND WILMA M.
SIRINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 to 0-1
Ordinance upon application of John E. and Wilma M.
Sirine for a Change of Zoning District Classification
from R-6 Residential District to 0-1 Office Distict
on certain property located on the east side of South
Fir Avenue beginning at a point 137.33 feet south of
Bonney Road, running a distance of 140 feet along the
east side of South Fir Avenue, running a distance of
139.90 feet along the southern property line, running
a distance of 140 feet along the eastern property line
and running a distance of 139.90 feet along the northern
property line. Said parcel contains 19,586 square feet.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
- 35 -
Item II-I-I
APPOINTMENTS ITEM # 21745
By CONSENSUS, City Council RESCHEDULED Appointments for the April 23, 1984
City Council Meeting of the following:
COMMUNITY SERVICES BOARD
April 16, 1984
- 36 -
Item II-I-2
APPOINTMENTS ITEM # 21746
Upon motion of Councilman Jennings, City Council APPOINTED the following.
Nelson Sabin HOUSING BOARD OF APPEALS
(To fill the unexpired term of John M. Connell to June 30,
1984, PLUS a two (2) year term ending June 30, 1986.)
April 16, 1984
- 37 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 21747
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council APPROVED the request of CHARLEMAGNE ASSOCIATES, INC., developer of
Charlemagne by the Bay Condominiiuns, for an encroachment onto a public
pedestrian access easement, subject to a Deed of Dedication for a five
foot easement approved by the City Attorney in exchange for this nine
foot encroachment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
April 16, 1984
37a -
THIS DEED OF EASE14ENT, made this day of
1984, by and between VTRGINIA BEACII RESORT CONFERENCE IIOTEL,
a Virginia general part:nership, tlie first party, and the
CITY OF VIRGINIA BEACII (1@ereinafter referred to as "City"),
a municipal corporation cf the Commonwealth of Virginia, the
second p@irty; And Tri-iFtec,
the tliird party;
W I T N E S S E T Ii:
That for and in cons@ideration of the sum of Ten Dollars
($10.00), cash in liand paid, and other good and valuable
considerations, the reced.pt of wliich is liereby acknowledged,
the first party does her(,by grant, with general warranty,
unto tlie City, a nonexclusive easement for the purpose of
public pedestrian accee-,s over a certain strip of land, 5
feet in width, designat@ed "5' PEDESTRAIN ACCESS EASEMENT
BEING DLDICATED" on thz--t certain plat entitled "PLAT OF
PEDESTRIAN ACCESS EASE@@,NT BEING DEDICATED TO TIIE CITY OF
VIRGINIA BEACH BY VIRGINIA BEACH RESORT C014FERENCE liOTEL A
VIRGINIA' GENERAL PARTlq]7',RSIIIP D.B. 2212, PC. 1291", Scale:
1" = 100', made by engineering services, inc., dated March
7, 1984, attached hereto and to b& recorded contemporaneously
herewith.
The first party e>,-pressly reserves, for the benefit of
itself and its successors and assigns, the right to use said
strip of land, and/or grant other easeinents over, under, on
or above tlie same, so long as such use and/or other ease-
meiits are not incorisistent wit]) LI)e riglits lierein granted to
the City.
The first party ccvenants that it is seized in fee
simple of the above described property and has the right and
power to grant the aforesaid easement; that the City shall
have quiet and peaceful possession tliereof free from all
encumbrances; and that -t will cxecute such further assurances
thereof as. may be requi.,,@ite.
April 16, 1984
- 37b -
The third party joiiis in tlie execution of tliis i-ii-
strument solely for the I)urpose of consenting to the i,,rantiii?,
of the easemeiit liereby coiivcyed zind to Iii!; i-il@lit
title and interest as Triistee under that certain deed of
trust from the first par,--y to 3@iiTies R. Porter, c!t
March 1, 1984, and recor-led in tlie Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 2318, at page 1-42, in the easement herl@by con-
veyed.
WITNESS tlie following signatures and seals:
VIRGINIA BEACII RESORT CONFERFNCE
HO'fEL, a Virgi.nia general
partnerstiip
By
General Partner
By: O.W.L. Resort, a Virginia
general partnership
By_
D a@i d--@. -@61-s b y , J r .
General Partner
"tee
STATE OF VIRGINIA
CITY OF to-wit:
a Notary Public in
and for the City and State aforesaid, do liereby clrtify tii@it:
Ilarvey B. Shiflet, 111, peneral partner of Virginia Beach
Resort Conference liotel, a Virtinia gener@l partnershi.p,
wliose name as stich is ,@igned to tlie foregoing Deed I)earing
date on the c3ay of 14,,ircli, 1984, ]-las @icknowl eliged tlie
same before me in my C'.ty and State aforesaid.
GIVI-..N Llii(3cr iiiy li.,iiid tliis clay of
1984.
April 16, 1984
@@oL@iry Ptiblic
37d -
STATE OF VIRGINIA
CITY OF to-wit:
I, a Notary Public in
and for the City and State aforesaid, do liereby certify
David B. Ogelsby, Jr. , general p;trtner of 0. W. L. Rt@,,;oi-t@ , ;t
Virginia general partnership, geiieral 1)arLiler of Vii-Viiii;i
Beach Resort Coriferencc-, liotel, a Virginia genc@ral partnersllip,
wliose name as such is signed to the foregoing Deed be;iring
date on the _ day of March, 1984, has acknowledge(] tlie
same before me in ITIY CLty and State aforesaid.
GIVEN under my hajid this - day of
1984.
Notary Pu-ric
My Coinmission expires:
STATE OF
CITY/COUNTY OF to-wit:
1, a Notary Public in
and for the City/County and State aforesai.d, do liereby
certify that I Trustee, wliose
name as such is signed to the foregoing Deed bearing date on
the_ day of March, 1984, has acknowledged the saine
before me in my City/County and State aforesaid.
GIVEN under my hand this _ day of
1984.
My Commission expires:
April 16, 1984
37e
f-,. EAA-E. BAY
Pi A rREFERENCES
-,@G. 30
M. 8.'89,
hf. B. 145, PG. /8
PARCEL
k) h)
C4
CIZ @1%.
c
til
in
76-533, 0-9.
SHOR,- DRI VE
VA RIA,6L C W)
PLA7' 0
PEDESRRIAN ACCE
BEIAIG DE-DICA rED rO
-Y OF VIRGIIVI,4, GE-A
;rHE Cl 7
CH
BY,
VIRGINIA 6EACH REsoi?rCONFEREVCE HorEL
A VIRGINIA GEIV.-RA L PA R TIVERSHIP
D. B. 22 12, PG. /0,9/
/001
DA 7-C AFARCH 7, 198 4
LYNAIHAVL-N -60ROUGH VIRGINIA' REACH, VIIYGINIA
engineering services inc
ng Land S
urveyingl--@-,
37f -
MEMORANDUM
Charlemagne by the Bay Condominium was constructed on
Portions 22, 23 and 24 of Lot E, The Landings Subdivision,
Virginia Beach, Virginia by Charlemagne Associates, Inc.
Construction began in late 1981 and was substanti-ally c()m-
pleted by the summer of 1.982. Along the western boundary
line of Portion 22, there exists a 10' Public Pedestrian
Access Easement, which easement extends from Croix Courc i.n
the Landings Subdivision on the south to the Chesapeake Bay
on the north.
Wlien the condominium property was developed, a portion
of the concrete pavement parking area for the condominium
encroached onto the Public Pedestrian Access Easement. The
concrete pavement encroachment was shown on the approved
site plan for the condominium. Because of the topography of
the condominium site and the adjacent property to the west,
it was necessary to place a retaining wall along the edge of
the concrete pavement and the condominium property to prevent
drainage from and erosion of the property to the west of the
condominium onto the condominium property.
The following is a description of that portion of the
Public Pedestrian Access Easement over which this request
for authorization of an encroachment extends:
ALL THAT certain portion of a 10' Public Pedestrian
Access Easement, which extends along the western li@-ne
of Portion 22, Lot E, The Landings Subdi-vision, which
Easement, Portion, and Lot, are shown on a cercain plat
entitled "SUBDIVISION PLAT OF THE LANDINGS, LYNNHAVEN
BOROUGH -VIRGINIA BEACH, VIRGINIA", Scale 1" = 50',
dated October 1, 1980, made by Engineering Services,
Inc., Civil Engineering/Land Surveying, Virginia Beach,
Virginia, which plat is recorded in the Clerk's Offi.ce
of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 147, at page 7, and with reference
to which said portion of the Public Pedestrian Access
Easement over which the encroachment is authori.zed to
exist is more particularl,y described as follows:
April 16, 1984
37q -
BEGIN at a pin in the westernmost point in the di.vi.ding
line between Portion 21, Lot D and Portion 22, Lot E,
and from said pin thence running S 15@51'42" E a distance
of 136.66' to a pin; thence turning and running N
76*53'30" E a distance of approximately 10' to a point
in the eastern line of the 10' Public Pedestrian Access
Easement; thence turning and running northerl.y along
the eastern line of the 1.0' Public Pedestrian Access
Easement N 15@51'42" W a distance of 1.36.66' to a point
in the dividing I.ine between Portion 21, Lot D and
Portion 22, Lot E; thence turning and running S 76@53'30"
W a distance of approximately 10' to a pin, the POINT
OF BEGINNING.
April 16, 1984
-2-
- 38 -
Item II-K.
NEW BUSINESS ITEM # 21748
ADD-ON
Councilwoman Oberndorf referenced Memorandum from Director of Planning
Robert J. Scott to the City Manager (Copy of which is hereby made a part
of the record) concerning proposed Amendment to Article 5, Section
573 (f) of the COMPREHENSIVE ZONING ORDINANCE. The Planning Commission
had deferred the matter for sixty (60) days.
Concilman Jennings referended that he had contaced Tuck Anderson, Pres-
ident of the North Beach Civic League, to confer with his Board of
Directors concerning this AMENDMENT.
April 16, 1984
- 39 -
Item II-K.1
NEW BUSINESS ITEM # 21749
The Director of Public Utilities, Aubrey V. Watts, Jr., presented the
City's UTILITY EXTENSION POLICY. Mr. Watts reviewed the six (6) pre-
sent policy considerations for extension and expansion of water and
sewer systems:
1. Subdivision ordinance
2. Site Plan Ordinance
3. Administrative Regulations
4. Standards of the Department of Public Utilities
5. State Requirements
A. Water (Waterworks Regulations, State Board of Health)
B. Sewerage (Sewerage Regulations, State Department of
Health and State Water control Board)
6. Comprehensive Plan
In previous discussions, one KEY POINT was summarized: The City sizes faci-
lities to meet the COMPREHENSIVE PLAN or the CURRENT ZONING whichever repre-
sents the greatest impact on the Utility System.
Mr. Watts utilized a map to demonstrate the "no growth" line which appears
in the current COMPREHENSIVE PLAN and the impact of Utility Facility Devel-
opment in coordination with this line. Basically, this line separates
the developed or growth areas from the more rural areas of the City. This
line has been defined by some as a "no-growth" line and others compare it to
a "no rezoning" line. There is a significant difference. If this is a "no
growth" line, then there is a built-in conflict within the system. There is
substantial acreages of land to the south, or in the rural portion of the
City, which are currently zoned for other than rural activities. Mr. Watts
referenced various options:
1. Size the facility for each specific development.
2. Size utilities according to the Comprehensive Plan or
Current Zoning, which ever represents the greatest im-
pact on the Utility System.
3. Move the line and hopefully eliminate some of the con-
flicts between the COMPREBENSIVE PLAN and the property
which is already zoned.
4. Provide four service areas to meet certain geographic
specific areas.
5. Down Zone the property.
nAPS concerning three specific subdivisons, THREE OAKS DFVELOPMENT, FOXFIRE
DEVELOPMENT, and COURTHOUSE ESTATES PLANNED UNIT DEVELOPMENT, were presented.
April 16, 1984
- 40 -
Item II.L.1
RECESS INTO
EXECUTIVE SESSION ITEM # 21750
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Vice Mayor Henley, seconded by Councilwoman Creech, City
Council voted to RECESS into EXECUT@ SESSION for discussion of legal
matters after which to adjourn. (4:15 p.m.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
*Vote was taken VERBALLY
April 16, 1984
41 -
Item II-L.2
ADJOURNMENT ITEM 21751
By CONSENSUS, Council adjouined the meeting at Four Fifty-Five in the
evening.
y
Deputy City Clerk
cmc "@y r@. u
City Clerk
I
City of Virginia Beach
Virginia
/bh
April 16, 1984