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APRIL 9, 1984 MINUTES Cit@C),f -Vir-&Xi@iet ,,WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y@id, B.-.gb VICE-MAYOR BARBARA M. HENLEY, P..g. B.-.gb JOHN A. BAUM, B...gh NANCY A' CREECH. Al L.,g, HAROLD IFFISCHOBER. At L.,g. H. JACK JENNINGS, JR., Ly..b.... B.@.gb ROBERT G. ]ONES. At L.,g. W. Ii. KITCHIN. Ill, Vigi.i. B,.@b REBA S. M@CLANAN. P,i.@.@. A... B.-gb 212 CITY HALL BUILDING 1. HENRY M,COY. )R., B .... gh MUNICIPAL CENTER MEYERA E. OBERNDORP, At L.,S, VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, CMC, City Cl,lk (804) 427-4303 CITY COUNCIL AGENDA April 9, 1984 ITEM I. INFORMAL SESSION: 11:30 a.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 discussion by mayor. 2. Hatters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Central Library Presentation. 2. Discussion of Budget Workshop Dates. 3. Review of Consent Agenda ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCKTION: Reverend Roy R. Jackson Methodist Conference, Ret. B. PLEDGE OF AT.T.RGIMCK 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 2, 1984. E. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one notion in the form listed. 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 requesting the State Highway and Transportation Commission to acquire the necessary right-of-way for the Baygood Road Project and agreeing to reimbuse the State for 5% of the costs incurred in this acquisition. 2. Resolution authorizing the advertising for a Public Rearing pursuant to Section 15.1-431 of the Code of Virginia, as amended, relating to the authorization of an encroachment and lease of air space over the public right-of-way of Ocean Avenue to Neptune Associates T/A Ramada Inn of the Beach. 3. Resolution requesting the Virginia Recreation Advisory Commission to designate the Great Neck Park as a public recreational area and to recommend to the Virginia Highways and Transportation Commission that recreational access and bikeway funds be allocated for an access road and related bikeway to serve said park and request the Virginia Highways and Transportation Commission to allocate the necessary funds as herinbefore described. 4. Ordinance to Amend and Reordain Chapter 6, Article 1, by adding Section 6-29 to the Code of the City of Virginia Beach, Virginia, pertaining to Beaches, Boats and Waterways. 5. Ordinance, on SECOND READING, to accept a grant and appropriate $26,565 from the Virgiuia Division of motor Vehicles to carry out the D. U. 1. Overtime Program. 6. Ordinance, on SECOND READING, to appropriate funds of $97,850 from the General Fund Balance for the Beach Replenishment Program as provided by the Virginia Beach Erosion Commission. 7. Ordinance to Transfer funds of $340.00 from the General Fund Reserve for Contingencies to the Police Department for reimbusement of legal expenses incurred by a Police Officer in the performance of his duties. 8. Ordinance appointing viewers in the petition of Bruce B. 14ills for the closure of a portion of Pennsylvania Avenue (Kempsville Borough). 9. Ordinance appointing viewers in the petition of Robert H. and @e P. Raymond and Elvin F. and Geraline W. Lilley for the closure of a portion of Trotter Drive (Kempsville Borough). 10. Ordinance appointing viewers in the petition of Lands End Associates for the closure of a portion of a 30-foot road crossing from Marshview Drive to Indian Avenue (Lynnhaven Borough). 11. Request of City Treasurer for tax refunds in the amount of $750.30. 12. Request of Commissioner of Revenue for license refunds, in the amount of $3,387-23. F. PIANNING 1. Application of Congressman Norman Simisky for an encroachment into a right-of-way known as 61st Street. a. City Manager's letter transmits the request that the City's administrative decision be reconsidered by City Council. 2. Application of Daniel Pierro for the closure of a portion of First Street, consisting of an unimproved 50-foot right-of way totalling 5,000 square feet (.115 acre). (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. The City Manager's letter further recommends that this closure be denied or the closure include the full portion of First Street Between Avenue L and South Kentucky Avenue. 3. Application of Creech Developsent Corporation for a conditional use perait for mini-warehouses on a 1.598-acre parcel located along the south side of Harpers Road, east of Phantom Boulevard (Princess Anne Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of WAVY Television, Inc., for a conditional use. permit for a televisiou trans@sion and relay station on a 2.58-acre parcel located at the southwest corner of South Boulevard and Expressway Drive (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Ji-te B. Francisco for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Subdivison Ordinance. This site is located on the south side of Parliament Drive, west of Huntington Drive (Kempsville Borough). a. Letter of the City 14anager transmits the recommendation of the Planning Commission for approval. 6. Application of N. Joseph Dreps for a Variance to Sections 4.1(m), 5.5(a), and 5.5(b) of the Subdivision Ordinance which require that street right-of-way widths be in relation to proposed density and/or land use of the property adjacent to the road and within the parcel to be subdivided, curb and gutter, and drainage facilities. This site is located at the northwest intersection of South Spigel Drive and Gilbert Circle (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Plannin Commission for approval. 7 . Application of John B. German for a change of zouim from R-6 Residential District to 0-1 Office District on a 7,312.5-square foot parcel located at 677 Rosemont Road (Princess Anne Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. 8. Application of R. G. Moore Building Corporation for a change of zoning from PD-B 2 Planned Unit Developsent District to P-1 Preservation District on a 19-65-acre parcel located south of Dam Neck Road, east of Oceana Boulevard (Princess Anne Borough). a. Letter of the City Manager transmits the reco=endation of the Planning Commission for approval. 9. Applications of Hattie E. Greshan for changes of zoning. These undeveloped sites are located along the east side of Oceana Boulevard, south of Old Dam Neck Road. (Princess Anne Borough) From AG-1 Agricultur&l District to B-2 Comuuity-Business District on a 4.35-acre parcel; AND, From AG-2 Agricultural District to B-2 Comunity-Busiuess District on an 11.45-acre parcel. a. Letter of the City Manager transmits the recommendations of the Planning Commission for approval. 10. Applicatious of Gallager Associates for changes of zon@. These sites are located along the east side of Holland Road, south of Landstown Road (Princess Anne Borough). From AG-1 Agricultural District to R-8 Residential District on a 42.319-acre parcel; AND, From AG-2 Agricultural District to R-8 Residential District on a 4.67-acre parcel; AND, From R-8 Resideutial District to PD-B 2 Planned Unit Development District on a 46.989-acre parcel; AND, From AG-1 Agricultural District to P-1 Preservation District on a 37.842-acre parcel. a. Letter of the City Manager transmits the recommendations of the Planning Commission for approval of these applications. G. APPOI S: 1. Advertising Selection Committee. 2. Community Services Board 3. Historical Review Board 4. Housing Board of Appeals H. UNFINISHED BUSINESS i. NEW BUSINESS J. ADJOURMNT 1. Motion to adjouru PUBLIC HEARING: IFY 84-8 OPERATINC BUDGET APRIL 23, 1984, 2:00 P.M- ciTy coUNCIL CHMMERS M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 9, 1984 The Regular Meeting of the 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 9, 1984, at Eleven Thirty in the morninq. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech*, Robert G. Jones, and J. Henry McCoy,Jrt, D.D.S. Note: Councilwoman Creech entered the Informal Session at 11:35 a.m. Councilman McCoy entered the Informal Session at 12:00 p.m. April 9, 1984 - 2 - ITEM ff 21662 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, Code of virginia, as amended, for the following purposes; 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. 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 Heischober, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. April 9, 1984 - 3 - M A T T E R S B Y V I C E M A Y 0 R RESPONSE TO EMERGENCY APPEAL BY CITY OF VIRGINIA BEACH ITEM # 21663 In conducting an EMERGENCY APPEAL for assistance to the residents of North Carolina who suffered devestation from the tornadoes, Vice Mayor Henley expressed her appreciation to the fantastic staff of the City of Virginia Beach. Vice Mayor Henley mentioned, in particular, the Office of Public Information, Emergency Services, Traffic Engineering and the Fire Stations. Approximately 22,300 pounds of goods were collected as well as donation checks. The News Media and the Citizens of the City of Virginia Beach are to be congratulated as well. M A T T E R S B Y C 0 U N C I L RESORT AREA ADVISORY COMMISSION* ITEM # 21664 After the adjournment of the City Council Meeting of April 2, 1984, Council- man Kitchen met with Counilman Jones concerning his RESOLUTION for a Resort Area Advisory Commission.- Councilman Kitchen and Councilman Jones met with the Board of Virginia Beach Research and Advisory Council on Friday, April 6, 1984. The VBRAC offered to assist City Council to coordinate information with the City Manager. The VBRAC indicated a willingness to investigate not only the Atlantic Avenue Beautification but all other aspects of the tourist industry which would effect/benefit the City as a whole. JOHN G. AND MARY WILLIAMS APPLICATON FOR CHANGE OF ZONING R-6 to A-1 (BAYSIDE BOROUGH) ITEM # 21665 Councilwoman Oberndorf referenced request by Attorney Grover Wright to DEFER the Application of JOHN G. AND MARY WILLIAMS for a CHANGE OF ZONING from R-6 Residential District to A-1 Apartment District (Bayside Borough), as the applicants would be out of the Country. Councilwoman Oberndorf further referenced a letter from the residents of Witchduck Landing and Aragona Village requesting that this Change of Zoning remain as advertised on the Agenda of April 23, 1984, so they might attend the night session and not take time from work. City Council action is reflected in the FORMAL SESSION under NEW BUSINESS. *Re: Atlantic Avenue Beautification April 9, 1984 - 4 - M A T T E R S B Y C I T Y M A N A G E R CENTRAL LIBRARY PRESENTATION ITEM # 21666 Director of Public Libraries Marcy Sims presented,in conjunction with Laszlo Aranyi, Achitect, the plans for the Central Library. Mrs. Sims stated there were three primary goals considered in the designing of the Central Library: (1) The Buildinq was to be as operationally efficient as possible. (2) The Building would be functionally efficient. (3) The Building should be flexible to accommodate new technologies. Mr. Aranyi, in further unveiling the plans for the Library, stated that the Building consists of 88,000 square feet and is located between Loehman's Plaza and Willis Wayside. There would be 350 parking spaces a- vailable. Employee parking would be separate and located in the back. The first floor will consist of an acre and a 'half with 24,900 square feet on the second floor. The majority of the first floor will be completely open space. One of the major features of the building is energy conservation. A savings of approximately 50% over a conventional building should result. Mr. Aranyi exhibited a "study" model of the facility which faces "true" south for 'year round energy conservation. The facility appears as an ISLAND OF KNOW- LEDGE. REFUSE COLLECTION ROUTING CHANGE ITEM # 21667 ADD-ON Admininstrator of Solid Waste P. Wade Kyle, presented an adjustment in Re- fuse Collection in an area from Rudee Inlet to Ninno Church. Effective May 15, 1984 , garbage collection will be on TUESDAY rather than Thursday. In conjunction with Public Information and the News Media, the residents will be notified. COMMUNITY DEVELOPMENT AND HOUSING DIRECTOR ITEM # 21668 As Director of Conununity Development and Housing,Ben Moore will be leaving his position on Friday, April Thirteenth. The City Manager has appointed Carl Thoren, Assistant City Engineer, to serve in this position during the interim period. DR. BETTY DIENER SECRETARY OF COMMERCE ITEM # 21669 Betty Diener, Secretary of Commerce, will meet with Members of City Council Thursday, April 12, 1984 at 6:00 P.M. concerning FALSE CAPE STATE PARK re- garding closing the southern end of the Park (BARRICADE). April 9, 1984 - 5 - M A T T E R S B Y C I T Y M A N A G E R (Continued) VIRGINIA STATE LEGISLATOR'S LUNCHEON ITEM # 21670 The City Manager will arrange Luncheon with the STATE LEGISLATORS and City Council on Wednesday, May 9, 1984, 12:00 NOON to 2:00 P.M. at the PAVILION. BUDGET WORKSHOP ITEM # 21671 BUDGET WORKSHOP for Discussion of FY 1984-85 City of Virginia Beach Operating Budget scheduled for Monday, April 16, 1984, 10:30 a.m., City Council INFORMAL CONFERENCE ROOM. CONSENT AGENDA CITY CODE AMENDMENT CHAPTER 6, ARTICLE I Beaches, Boats, and Waterways ITEM # 21672 Councilman Kitchen requested information concerning an Ordinance to Amend and Reordain Chapter 6, Article I, by adding Section 6-29 to the Code of the City of Virginia Beach, pertaining to Beaches, Boats and Waterways (See Item II-E.4 of the Formal Agenda). VIEWERS/BRUCE B. MILLS ITEM # 21673 Councilman Heischober inquired as to Ordinance appointing viewers in the petition of Bruce B. Mills (See Item II-E.8 of the Formal Agenda). RECESS INTO EXECUTIVE SESSION ITEM # 21674 City Council recessed into EXECUTIVE SESSION at 12:20 p.m. April 9, 1984 - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 9, 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf council Members Absent: Robert G. Jones INVOCATION: Reverend Roy R. Jackson Pastor Methodist Conference, Ret. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 9, 1984 7 item II-D.1 MINUTES ITEM 21675 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the Minutes of April 2, 1984. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Mayor Louis R. Jones Council Members Absent: Robert G. Jones April 9, 1984 Item II-E CONSENT AGENDA ITEM 21676 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 9 Item II-E.1 CONSENT AGENDA ITEM 21677 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution requesting the State Hiqhway and Transportation Cormission acquire the necessary right-of-way for the Haygood Road Project and agreeing to reimburse the State for 5% of the costs incurred in this acquisition. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 9a R E S 0 L U T I 0 N WHEREAS, Section 33.1-89 of the Code of Virginia. as amended by the 1970 Session of the General Assembly, authorized the State Highway and Transportation Commission to acquire rights of way for the construction, reconstruction, alteration, maintenance and repair of public highways within municipalities @n projects which are constructed with state or federal participation; and, WHEREAS, Section 33.1-89, as amended, further provides that the State Highway and Transportation Commission may exercise such authorityonlyupon receipt of official reque@t from the city or town involved. NOW, THEREFORE, BE IT RESOLVED, that the City Council of @irginia Beach, Virginia, hereby requests the State Highway d Transportation Commissioner to acquire the necessary rights way for the HAYGOOD ROAD PROJECT UOOO-134-107, RW-202 within e corporate limits of said city and to convey the title to ch rights of way to the City of Virginia Beach and agrees to eimburse the State Highway and Transportation Department for FIVE PERCENT (5%) of all costs incurred in the acquisition and -onveyance of such rights of way; and, it is understood that @uch acquisitions will be handled by the Commissioner under ?stablished policies and procedures and his decision in all Lnstances will be final. CITY COUNCIL OF VIRGINIA BEACH By Mayor @kTTEST: 1984 Ulty Clerk ril 9, 1984 - 10 - Item II-E.2 CONSENT AGENDA ITEM # 21678 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the advertising for a Public Hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended, relating to the authorization of an encroachment and lease of air space over the public right-of-way of Ocean Avenue to Neptune Associates T/A Ramada Inn of the Beach. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1964 10a - RESOLUTION AUTHORIZING THE ADVERTISING FOR A PUBLIC HEARING PURSUANT TO SECTION 15.1-431 OF THE CODE OF VIRGINIA, AS AMENDED, RELATING TO THE AUTHORIZATION OF AN ENCROACHMENT AND LEASE OF AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RAMADA INN OF THE BEACH WHEREAS, Ramada Inn has requested an encroachment and .the right to lease air space over the public right-of-way of Ocean Avenue; and WHEREAS, such lease and encroachment would entitle the Ramada Inn to construct and maintain an overhead enclosed walkway over Ocean Avenue; and WHEREAS, this matter has been reviewed by the Department of Public Works; and WHEREAS, the Department of Public Works finds the provisions of the agreement dated March 9, 1984 acceptable. THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Clerk is authorized and directed to advertise the ordihance and attached agreement dated March 9, 1984, as prescribed in Section 15.1-431 of the Code of Virginia, as amended, in a newspaper of general circulation in the City of Virginia Beach. The applicant shall be responsible for advertising costs. ADOPTED. April 9, 1984 JDB:jh 4-4-84 April 9, 1984 10b Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO AND TO LEASE AIR SPACE OVER THE PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A RA14ADA INN ON THE BEACH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-376.1, Code of Virginia, (1950), Neptune Associates t/a Ramada Inn on the Beach is hereby authorized to construct and maintain an encroachment into the air space over the public right-of-way of Ocean Avenue. That the encroachment herein authorized is for the purpose of constructing and maintaining an overhead, enclosed walkway to connect Ramada Inn's conference center on the west side of Ocean Avenue to its restaurant on the east side of Ocean Avenue between 56th Street and 57th Street in the City of Virginia Beach. That this Ordinance shall not become effective until the attached agreement, containing the provisions upon which the license to encroach granted herein is conditioned, shall be executed by the City Manager and Neptune Associates t/a Ramada Inn on the Beach, and until Ramada Inn shall have complied with all provisions contained in such agreement. Adopted by the Council of the City of Virginia Beach on the day of 1984. APPROVED AS 10 NES/re (29C) APPROVED AS TO FCRM CITY AT-,,,@l.,"FY April 9, 1984 loc THIS AGREEMENT, made this day of #Aec4 1984 by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation, hereinafter referred to as the 'City,' and NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH, hereinafter referred to as 'Ramada Inn.' WHEREAS, it is proposed by Ramada Inn to construct and maintain an overhead, enclosed walkway for the purpose of connecting its conference center on the west side of Ocean Avenue to its restaurant on the east side of Ocean Avenue betweeh the 56th Street and 57th Street in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such walkway, it is necessary that Ramada Inn encroach into the air space over i the public right-of-way known as Ocean Avenue; and, therefore, Ramada Inn has requested that the City grant a temporary encroachment to facilitate such walkway within the air space over. the public right-of-way of Ocean Avenue. NOW, THEREFORE, in consideration of the premises and of the mutual promises hereinafter contained, the City doth grant toi Ramada Inn, to the extent of its authority as contained in Virginia Code 515.1-376.1, a temporary encroachment to use a portion of the air space over the public right-of-way known as Ocean Avenue for the purpose of constructing and maintaining an overhead, enclosed walkway in accordance with the following terms and conditions. 1. Ramada Inn shall construct and maintain such April 9, 1984 loa - I walkway in accordance with the laws Of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City Department of Public Works' specifications and approval as to size, design, alignment and location. All plans, specifications, and construction procedures pertaining to the maintenance or construction of such walkway shall be approved by i the City Department of Public Works prior to the start of construction. No construction or maintenance of such walkway shall commence until all permits required by law have been issued by the City Department of Public Works or other appropriate legal; authority. 2. The walkway shall be of the type and shall be constructed so as not to interfere with the public use or travel on or in ocean Avenue, and shall have a minimum clearance of sixteen feet (161). The walkway shall not contain or have placed thereon any name, lettering or device intended for identification, advertising or publicity purposes. 3. Ramada Inn shall at all times keep the walkway in proper repair and shall make at its own expense such repairs thereto as the City or its duly authorized representative shall deem necessary for the safety of persons and property using the public right-of-way of ocean Avenue. 4. Ramada inn shall restore and replace at its sole expense any portion of Ocean Avenue and any public utility disturbed by reason of the construction, maintenance or existence -2- April 9, 1984 io@ of the walkway in a manner and with materials satisfactory to the@ City or its duly authorized representative. 5. Ramada Inn shall pay to the City annually for the license granted herein a sum equal to the greater of One Dollar and Fifty Cents ($1.50) per square foot of air space utilized by such walkway or Four Hundred and Fifty Dollars ($450.00). such sum shall become due and payable on the first day of eaen calendar year or portion thereof which the walkway is in existence. 6. Ramada Inn shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorn:yl: fees which the City may be required to pay or otherwise sust:in y reason of the construction, maintenance, location, or e st.nce of such wilkway. 7. Ramada Inn shall furnish to the City a certificate of insurance indicating that Ramada Inn has in effect comprehensive general liability insurance, naming the City as an additional name insured, which defends and insures the City against any liability resulting from the construction, maintenance or existence of such walkway. Such contract of insurance shall be written by a company and in the form approved by the City's Risk Manangement Division and shall afford, where applicable, liability coverage for bodily injury including death, i and/or damage, destruction to and/or loss of use of property in an amoun t not less than One Million Dollars ($1,000,000) -3- April 9, 1984 lof - for each accident combined single limit coverage. Ramada Inn shall pay all premiums chargeable for the acquistion and maintenance of such liability insurance and shall keep such insurance in full force and effect at all times during the existence of the walkway. The contract of insurance shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty days (60) after written notice that the insurance will be cancelled is given to the Director of Risk Management of the City- 8. Ramada Inn shall furnish a bond to the City, with corporate surety approved by the City Attorney, in the sum of Ten Thousand Dollars ($10,000) conditioned upon the completion of construction, maintenance or removal of the walkway by Ramada Inn promptly upon being directed to do so by the City or its duly authorized representative in accordance with the terms of this agreement. Ramada Inn shall pay all premimums chargeable for the bond and shall keep such bond in full force and effect at all times during the existence of the walkway. The bond shall contain a provision that it sball not be terminated or otherwise allowed to expire prior to sixty (60) days after written notice that the bond will be cancelled is given to the Director of the City Department of Public Works. 9. The City does not intend by entering into this agreement to grant any franchise to Ramada Inn, and the City hereby expressly reserves the right to terminate or amend this agreement upon written notice to Ramada Inn. Within ninety (90) days after notice to terminate is given, the walkway shall be -4- April 9, 1984 log removed from the air space above the public right-of-way of Ocean Avenue by Ramada inn, and Ramada Inn shall bear all costs and expenses of such removal. Upon such termination, Ramada Inn shall also be responsible to repair, replace or restore any portion of Ocean Avenue or any public utility damaged by the removal of such walkway to the satisfaction of the City or its duly authorized representative at Ramada Inn's sole expense. On the failure, refusal or neglect of Ramada Inn to comply with t-he provisions of this paragraph or any other provision of this Agreement, the City shall have the right to perform Ramada Inn's obligation hereunder and charge the cost thereof to Ramada Inn. Such cost may be collected by the City in any manner provided by law for the collection of local or state taxes. 10. Any failure, refusal or neglect to conform fully with the provisions of this agreement by Ramada Inn shall be grounds for immediate termination by the City. CITY OF VIRGINIA BEACH By City Manager NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH By Resort motor Inns, Inc.,,neril Partner By La @ (@ David Pender, Iii President April 9, 1984 10h STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. NUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to a Notary Public in and for the City and State aforesaid, do hereby certify that David Pender, III, President and General Partner of NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH BY RESORT MOTORS INNS, INC., whose name is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1 9&. Not-ary PWbl-ic my commission Expires:@, 10 APPROVI@@ A3 TO CO!:]-@-@@T MES/re 3/1/84 (29C) -6- April 9, 1984 Item II-E.3 CONSENT AGENDA ITEM 21679 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution requesting the Virginia Recreation Advisory Commission to designate the Great Neck Park as a public re- creational area and to recommend to the Virginia Highways and Trans- portation Commission that recreational access and bikeway funds be allocated for an access road and related bikeway to serve said park and request the Virginia Highways and Transportation Connission to allocate the necessary funds as herinbefore described. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - lla - The regular meeting of the Council of the City of Virginia Beach, Virginia was held in Council Chambers of the City Hall Building on the Ninth day of Alpri-I , 1984. On motion by Councilman Jennings and seconded by -1 the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Great Neck Park site is to be developed by the City of Virginia Beach as a recreational facility serving the resi- dents of the Commonwealth of Virginia and the general public; and WHEREAS, the facility is in need of adequate road access and a Class I bikeway; and WHEREAS, the procedure governing the allocation of recreational access and bikeway funds requires joint action by the Virginia Recrea- tion Advisory Commission and the Virginia Highways and Transportation Commission; and. WHEREAS, a statement of policy agreed upon between the said commissions approves the use of such funds for the construction of access roads to publicly-owned recreational areas, bikeways and historical sites; and TATHEREAS, the Coundil of the City of Virginia Beach has duly adopted a zoning ordinance pursuant to Section 15.1-486, Code of Virginia, as amended; and ll?HEREAS, it appears to the City Council that all requirements have been met to permit the Virginia Recreation Advisory Commission to designate the Great Neck Park as a recreational facility and further permit the Virginia Highways and Transportation Commission to provide funds for access to this public recreation area. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby requests the Virginia Recreation Advisory Commission to designate the Great Neck Park as a public recreati6nal area in the City of Virginia Beach and to reconunend to the Virginia Highways and Transporation Commission that recreational access and bikeway funds be allocated for an access road and related bikeway to serve said park7 and BE IT FURTHER RESOLVED that the Virginia Highways and Transpor- tation Commission is hereby requested to allocate the necessary recreational funds to provide a suitable access road and related bikeway as hereinbefore described. APPIZOVED AS TO CONTENT SIGNATtJ@E DEPARTMENT - 12 - Item II-E.4 CONSENT AGENDA ITEM # 21680 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to Amend and Reordain Chapter 6, Article I, by adding Section 6-29 to the Code of the City of Virginia Beach, Virginia, pertaining to Beaches, Boats and Waterways. Voting: 10-0 Council Members Voting Aye: John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jenninqs, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 12a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, ARTICLE I, BY ADDING SECTION 6-29 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BEACHES, BOATS AND WATERWAYS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-29 is hereby added to the Code of the City of Virginia Beach, Virginia, and reads as follows: Section 6-29. Appointment of persons to enforce Article I. The city manager is authorized to appoint persons in addition to the regular police officers of the city to enforce this article by the issuance of summonses. Sugh persons shall wear a uniform as prescribed by the city manager or his duly authorized agent. Adopted this 9 day of April 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (MISC) 4/3/84 APPI,ZOVED AS TO CONT[tl'f SIGNAf'-'KE DEPARTMENT AS IZI&M MNATUREt CITY ATTORNEY April 9, 1984 - 13 - Item II-E.5 CONSENT AGENDA ITEM # 21681 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED, on SECOND READING, an Ordinance to accept a qrant and appropriate $26,565 from the VIRGINIA DIVISION OF MOTOR VEHICLES to carry out the D. U. I. Overtime Program. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 13a - AN ORDINANCE TO ACCEPR A Mr $26,565 FROM THE VIRG@ DIVISION OF MOTOR VE3iICLES AND TO APPROPR= THESE FUNDS City couricil is 2nterested in @r-.Ing traffic -fety and reducing traffic accidents within the City of Virginia Beach; and a grant totalirig $26,565 fran the Virginia Division of Motor Vehicles is available for these purposes; -d WHEREAS, rio local furxis are required. NCW, BE IT 0 BY THE COUNCIL OF THE Crry OF IA BEACH that funds frcin the above gr-t be -cepted and $26,565 be ap- propriated to carry out the D. U. I. Ov PrOgram- BE IT ORDAINED that estimted revenues frcrn the Federal government be ircreased by $26,565 to f the appropriation. This ordinance shall be effective fran the date of adoption. Adcpted by the Council of the City of Virginia on the day of April 9, 1984. PUBLIC April 2, 1984 FIFM READING: April 2, 1984 EMIM: April 9, 1984 Er, AS TO CONTEN'T vq DC9ARTMENT April 9, 1984 - 14 - Item II-E.6 CONSENT AGENDA ITEM # 21662 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of $97,850 from the General Fund Balance for the BEACH REPLENISHMENT PROGRAM as provided by the Virginia Beach Erosion Cornmission. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 -. 14a - AN ORDINANCE TO APPROPRIATE FUNDS OF $97,850 FROM THE GENERAL FUND BALANCE FOR THE BEACH REPLENISHMENT PROGRAM AS PROVIDED BY TliE VIRGINIA BEACH EROSION COMMISSION WHEREAS, the City Council desires to continue the Beach Replenishment Program which includes the hauling and placement of sand on the beach, and WHEREAS, the sand hauling program for this spriilg will cost $645,500 as determined by low bid, and WHEREAS, the Erosion Commission has funds of $547,650 available for the project and the additional funding needed of $97,850 can be provided from the General Fund Balance. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $97,850 be appropriated frc)ln the General Fund Balance to the Erosion Cormnission budget to complete funding needed for the spring sand hauling project. This ordinance shall be effective from tlio (latc,. of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Ninth day of April 1984. PUBLIC HEARING: April 2, 1984 FIRST READING: April 2, 1984 SECOND READING: April 9, 1984 APPP,OV'v.D AS -, 0 CT"NI t@l-t OT.INT April 9, 1984 - 15 - Item II-E. 7 CONSENT AGENDA ITEM # 21683 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to Transfer funds of $340.00 from the General Fund Reserve for Contingencies to the Police Department for reimbursement of legal expenses incurred by a Police Officer in the performance of his duties. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 15a - AN ORDINANCE TO TRANSFER FUNDS OF $340.00 FROM THE CENERAL FTTND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A POLICE OFFICER IN THE PERFORMANCE OF HIS DUTIES WHEREAS, a Virginia Beach police officer was charged with assault in the course of his duties and was found not guilty by the General District Court, and WHEREAS, legal fees of $340.00 were incurred by the officer in presenting his defense, and WHEREAS, Section 15.1-131.6 of the Code of Virginia enables the governing body to reimburse an officer for reasonable fees if the officer is found not guilty, and WHEREAS, City Council considers this request reasonable and proper. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $340.00 be transferred from the General Fund Reserve for Contingencies to the Police Department for legal fees involving the above incident. This ordinance shall be effective from the date of its adoption. Adopted: April 9, 1984 APPROVED AS TO CONTENT DEPARTME April 9, 1984 CITY ATTORNEY - 16 - Item II-E.8 CONSENT AGENDA ITEM # 21684 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an ordinance appointing Viewers in the petition of BRUCE B. MILLS for the closure of a portion of Pennsylvania Avenue (Kempsville Borough). The Viewers are: Robert J. Scott - Director of Planning David M. Grochmal - Assistant to the City Manager for Inter-Governmental Affairs C. Oral Lambert, Jr. - Director of Public Works Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 16a - CERTIFICATE OF VESTING OF TITLE I, Joseph T. Waldo attorney for Bruce B. Mills, do hereby certify that: 1. I am an attorney at law and represent Bruce B. Mills, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners; The said property referred to herein is hereby described as follows: ALL THAT certain portion of PENNSYLVANIA AVENUE as appears on the Plat of "Midway", a copy of which plat is duly recorded in the Circuit Court Clerk s Office of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portion to be vacated being otitlined in red on the attached survey and being more particularly bounded and described as follows: BEGINNING at a point, which point is located at the southwest corner of Lot 17, Block 8; thence, from said point of beginning, N 06, - 57'-251' W 1 57. 50 feet to a point which point is located at the southwest corner of @t 1Z, Block 8; thence, turning and running S 83 * -02 - 3511 W 50. 00 feet to a point which point is located at the northeast corner of Lot 13, Block 7; thence turning and running S 06 57 -2511 E 157. 50 feet to a point which point is the southeast corner of Lot 17, Block 7; thence turning and running N 83* -OZ 35" E 50.00 feet to the-point of beginning. Joseph T. Waldo Attorney-at- Law Rolm Centre Suite 301 4701 Columbus Street Virginia Beach, Virginia Z346Z April 9, 1984 16b - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN PORTION OF THA-. STrE@---, -VNCI'.'N il.'@ PEIII"'-@-,'-VAN'-% A V--','L7E. P E TI'FION TO: THE MAYOR AND THE M--MBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI.A. Your petitioner, Bruce B. Mills, respectfully represent as follows: 1. That pursuant to the provisions of Section 15 1-364 of the Code Virginia, as amended, the petitioner applies for the vacating, closing and discontinuance of a partion of that certain street which is niore specifically described as follows: ALL THAT certain portion of PENNSYLVANIA AVENUE as appears on the Plat of "Midway", a copy of which plat is duly recorded in the Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page 1 30, the portion to bc vacated being outlined in red on the attached survey and being mare particularly bounded and described as follows: BEGINNING at a point, which point is located at the southwest corner of Lot 1 7, Block 8 ; thence, from said point of beginning, N 06* -57'-25" W 157. 50 feet to a point which point is located at the southwest corner of Lot 12, Block 8; thence, turning and running S 83 * -02'-35" W 50. 00 feet to a point which point is located at the northeast corner of Lot 13, Block 7; thence turning and running S 06 * -571-25" E 157. 50 feet to a point which point is the southeast corner of Lot 17, Block 7; thence turning and running N 83* -02'- 35" E 50. 00 feet to the point of beginning. 2. That no inconvenience will result to any persons by reason of said clooing, vacation and discontinuance of said slrect; and tlie pctitioncr prays that this H:)norahle Council appoint viewers as provided by law to view said platted street proposcd to be closcd and to rcpurt in writing to the Council on or before the day of 1984, as to whether in the oplnion of said Viewers, w,iat inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. April 9, 1984 16c - 3. That on the day of 1984, and on the day of 1984, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. Petitioner is the owner of lots 13-17, Block 7, Plat of Midway, which lots abut the western right of way line of Pennsylvania Avenue. Oxford Development Co. owns the lots abutting the eastern right of way line of Pennsylvania Avenue. R c ully subrnitted, ruie B. Mil? April 9, 1984 16d ORDINANCE APPOINTING VIEWERS WHEREAS, Bruce B. MiUs has given due and proper notice, in accordance with the statutues for such cases made and provided that he will on the 9th day of April 1984, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below- described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconv6nience would result from the discontinuance of the hereinafter descr 'ibed portion of that certain street, and has filed such application with said Council. NOW THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THA T Robert J. Scott David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council as soon as possible whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT certain portion of PENNSYLVANIA AVENUE as appears on the Plat of "Midway". a copy of which plat is duly recorded in the Circuit Court Clerk's OffLce of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portion to be vacated being outlined in red on the attactfed survey and being more particularly bounded and described as follows: BEGINNING at a point, which point is located at the southwest corner of Lot 17, Block 8 ; thence, from said point of beginning, N 06 * -57'-251' W 1 57. 50 feet to a point which point is located at the southwest corner of Lot 12, Block 8; thence, turning and running S 83 @ -021-3511 W 50. 00 feet to a point which point is located at the northeast corner of Lot 13, Block 7; thence turning and running S 06* -57'-Z5" E 157. 50 feet to a point which point is the southeast corner of I-ot 17, Block 7; thence turning and running N 83* -02'- 35" E 50. 00 feet to the point of beginning. April 9, 1984 - 17 - Item II-E.9 CONSENT AGENDA ITEM # 21685 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an ordinance appointing Viewers in the petition of ROBERT H. and MAMIE P. RAYMOND and ELVIN P. and GERALINE W. LILLEY for the closure of a portion of Trotter Drive (Kempsville Borough). The Viewers are: Robert J. Scott - Director of Planning David M. Grochmal - Assistant to the City Manaqer for Inter-Goverrimental Affairs C. Oral Lambert, Jr., - Director of Public Works Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Votinq Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 17a - LAW OFFICES Cox, Cox, & Cox 1518 ATLANTIC "ENUE VIRGINIA BEACH. VIRGINIA 23451 (W4) 4254595 LUCIAN S. COX. JR. March 2, 1984 LUCIAN S. COX. SR. (1879-1971) LUCIAN S. COX, Ill rof. ou, flig s 331 HARRY R. PURKEY. JR. CERTIFICATE OF VESTING OF TITLE I, Harry R. Purkey, Jr. , attorney for Robert ki. Raymond, 14amie P. Raymond, Elvin F. Lilley, and Geraline W. Lilley, do hereby certify that; 1. I am an attorney at law aud represent Robert H. Raymond, Mamie P. Raymond, Elvin F. Lilley, and Geraline W. Lilley, the petitioners. 2. If the property described. below is discontinued, closed and vacated by the Council of the City of Virginia beach, Virginia, then title to said property will vest in Robert H. Raymond, Mamie P. Raymond, Eivin F. Lilley, and Geraline W. Lilley, the adjacent landowners. The said property referred to herein is hereby described as follows; Trotter Drive, formerly Leland Street, beginniug at a point iu the northwestern corner of the intersection of Trotter 1)rive and Reon Drive 82.63 feet south of the northern side of Lot 34; thence from said point south 00 degrees 15 minutes west 70.DU feet to a point; thence along a curve to the right having a radius of 10 feet, an arc distance of 15.71 feet to a point; thence north 89 degrees 45 minutes west 153.00 feet to a point; thence north 00 degrees 15 minutes east 50.00 feet to a point; thence south 89 degrees 45 minutes east 153.00 feet to a point; thence along a curve to the left having a radius of 10 feet, an arc distance of 15.71 feet to the poiut of beginning. (Portion to be vacated is designated as 8,192.9 square feet of Trotter Drive, formerly Leland Street). Kespectf@lly, ,,.rry R. Purkey, "@r4 April 9, 1984 - 17b - ORDINANCE APPOINTING VIEWERS WHEREAS, Robert H. Raymoud and Hamie P. Raymond and Livin F. Lilley and Geraline W. Lilley, have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 9th day of April , 1984, apply to the City Council of the City of Virginia beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the vacating, closing and discontinuance of the hereinafter described portion of that certain street of variable width, and have filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virgiuia Beach, Virginia: THAT Robert J. Scott David M.Grochmal and C. oral Lambert, Jr. are hereby appointed to view the below described property and repart in writine to the Council, as soon as possible, whether in their opinion, any, and it any, what inconvenience would result in the vacating, closing and discontinui n@ ot a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Trotter Drive, formerly Leland Street, beginning at a point in the northwestern corner of the intersoction of Trotter Drive and Reon Drive 82.63 feet south of the northern side of Lot 34; thence from said point south 00 degrees 15 minutes west 7U.OU feet to a point; thence along a curve to the right having a radius of 10 feet, an arc distance of 15.71 feet to a point; thence north 89 degrees 45 minutes west 153.00 feet to a ioint; thence north 00 degrees 15 minutes east 50.00 feet to a point; thence south 89 degrees 45 minutes east 153.00 teet to a point; thence along a curve to the left having a radius of iU feet, an arc distance of 15.71 feet to the point of beginnint. (Portion to be vacated is designated as 8,192.9 square feet of Trotter Drive, formerly Leland Street). All the above as shown upou that certain plat entitled, "Survey of Property for Street Closure being that portion of Trotter Drive (Lelaud Street Plat) abutting Lots 34 and 36, Woodhaven, Kempaville Borough, Virginia beach, Cox, Cox & cox Virginia", which plat is attached hereto and made a part hereof and ixitended .@OR. El$ T @W 1518@T@NTICAVENUE to be recorded with the Ordinance closing the aforedescribed street. VIRGINIA BEACH, VA @.51 April 9, 1984 - 17c - IN TifE HATTER OF CLOSING, VACATLNG AND DISCUNTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS TROTTER DRIVE (FORMERLY LELAND STREET), AS SkiUWN UPON THAT CERTAIN PLAT ENTITLFD, "SURVEY OF PRUPERTY FOR STREET CLOSURE BEING THAT PORTION OF TROTTER DRIVE (LELAND STRELT PLAT) ABUTTING LOTS 34 AND 36, WOODHAVEN, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA," Whlcli PLAT is ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, Robert H. Raymond and Mamie P. Raymoud, and Livin F. Lilley and Geraline W. Lilley, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, the Petitioners apply for the vacating, closing, and discontinuance of a portion of that certain street, which is more specificaLly described as follows: Trotter Drive, formerly Leland Street, begiuning at a poiut in the northwestern corner of the intersectiou of Trotter L)rive and Reon Drive 82.63 feet south of the northern side of Lot 34; thence from said poiut south 00 degrees 15 minutes west 70.00 feet to a point; thence along a curve to the right having a radius of 10 feet, an arc distance of 15.71 feet to a point; thence north 89 degrees 45 minutes west 153.00 feet to a point; thence north 00 degrees 15 minutes east 50.00 feet to a poilit; thence south 89 degrees 45 minutes east 153.00 feet to a pointi thence along a curve to the left having a radius of 10 feet, an arc distance of 15.71 feet to the point of beginning. (Portion to be vacated is designated as 8,192.9 square feel of Trotter Drive, formerly Leland Street). Said parcel of land being a portion of Trotter Drive (formerly Leland Street) as indicated on that certain plat entitied, "Survey of Property for Street Closure being that portion of Trotter Drive (Leland Street Plat) abuttiug Lots 34 and 36, Woodhaven, Kempsville borough, Virgiuia beach, Virginia", which plat is attached hereto and made a part hereof and iutended to be recorded with the Ordinance closing the aforedescribed street. Cox, Cox & Cox .@ORNEYSAT@W l@I.AT-@TICA@E..E VIRGI.IA..ACH VA23"1 April 9, 1984 17d - 2. That no inconvenience will result to any persons by reason of said closing, vacation, aud discontinuance of said street; and the Petitioners pray that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as soon as possible as to whether in the opinion of said Viewers, any, aud it any, what inconvenience would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 22nd day of February , 1984 and on the. 29th day of February , 1984, notice of the presenting of this applicatiou was published in the Virgiuia Beach Sun, a newspaper of general circulation, iu the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein, Robert H. Raymond and Mamie P. Raymond, IU37 Reon Drive, Virginia beach, Virginia; and Elvin F. Lilley and Geraline W. Lilley, 1033 Reou Drive, Virginia Beach, Virginia. Respectfully submitted, ROBERT H. ELAYMOND, MAMIE P. KAYMOND, ELVIN F. LILLEY aud GERALINE W. LILLEY By Of Counsel Harry R. Purkey, Jr. Cox, Cox & Cox 1518 Atlantic Avenue Virginia Beach, Virginia 23451 (804) 425-8565 Cox, Cox & Cox @@OR.EIS @T @. 1518AT@NTIC@VENUE VIRGINIA BEACH, VA 23@@l April 9, 1984 - 18 - Item II-E.10 CONSENT AGENDA ITEM # 21686 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an ordinance appointing Viewers in the petition of LANDS END ASSOCIATES for the closure of a portion of a 30-foot road crossing from Marshview Drive to Indian Avenue (Lynnhaven Borough). The Viewers are: Robert J. Scott - Director of Planning David M. Grochmal - Assistant to the City Manager for Inter-Governmental Affairs C. Oral Lambert, Jr., - Director of Public Works Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: Robert G. Jones April 9, 1984 18a MELVIN FRIEDMAN. P.C. ATTORNEY AND COUNSELLOR AT LAW 4"0 HAYGOOD ROAD VIRGINIA BEACH. VIRGINIA @55 TELEPHONE: @00 AREA CODE 804 CERTIFICATE OF VESTIW. OF TITLE I, Melvin Friedn-an, Attorney for IANFB END ASSOCIATES, a Virginia limited partnership, do hereby certify that: 1. I am an attorney at law and represent LANEf3 END ASSOCIATES, a Vityinia lirrdted partnetship, the Petitioner. 2. If the property described below is discontirmed, closed and vacaLed by the Council of the City cf Virginia Beach, Virginia then title to said prcperty will vest in LANRB END ASSOCIATES, a Virginia li@ted parLnetship, the holder of the underlying fee in said prcperty. . .......... .. ...... I..@ . . ...... 3. The said prcperty referred to herein is hereby described as follows: ALL of that certain pdrtion cf a 301 wide road situated in the Lynnhaven Borcagh. of the City of Virginia Beach, Virginia, cross- irig the prcperty of LANDS END ASSOCIATES, a Virginia limited partnership, fran the vkstern end of a 30' Wide Road closed bY Virginia Beach City Council by Ordinance No. 15,262, recorded in Deed Bock 2250 at page 1651 in the Clerk's Office cf tbe Circuit Court of the City of Virginia Beach, Virginia to the east to the end of the 30 foot wide road to be vacated at its intersection in the eastern right of vay line of Ma@hview Drive to the mest, as shDwn on that certain plat entitleci "PIAT SHOWING FORTION OF 30 FOOT WIDF ROAI) TO BE CLOSEI) BY THE CI7Y CP VIFCINIA FEAai, VA. OFDINANCE, LYNNHAVEN BDROUGH, VIFIGINIA BEACH, VIWINIA,'- nade by Wilfred P. Laige, Inc., dated February 22, 1984, attached herelo, that certain portion of the 30 foot wide road beirg imre particu- larly boanded and dewribed by reference to the plat as follows: Beginnirg at tbe point of intetsection of the southern right of way line of Norfolk Avenue and tbe eastern right of vay line of ?Aarshview Drive; then runnirg S. 6* 33' 40" W., a distance of 282.52' to a point aarked by a pin; then tirnirg and runnirg S. 49' 041 28" W., a distance of 4.25' to a pdint mrked by a pin, be@ the point of beginnirg, then turnirg and runnirg S. 40* 56' 21" E. , a distance of 129.04', to a pc)int miked by a pin, then turnirg and runnirg N. 49' 051 02" E. , a distance of 10.00', to a point narked by a pin, then tirning and runnirg S. 40* 56' 21" E. , a distance of 541.281 to a pc)int mrked by a pin, then twnirg and runnirg S. 46@ 35' 42" E. , a distance of 10.01 I to a point mrked by a pin, then turning and mnnirg S. 40* 56' 21" E. , a distance April 9, 1984 18b - of 180.32' to a point rrelrked by a pin, then tirnirg and runnirg S. 76' 01l 0011 E. , a distance of 338.80' to a point na@ed by a pin, then turnirg and junnirg S. 33* 03' 29" E. , a distance of 44.02', to a point uarked by a pin, then turnirg and runnirg N. 76* 01' 0011 E., a distance cf 380.501 to a point narked by a pin, then turnirg and runnirg N. 401 561 21" W., a distance of 860.56' to a point rrarked by a pin, then tirnirg and runnirg N. 49- 04- 28" E. , a distance of 30.00', to a PC)int narked by a pin, mhich is the point of beginnirg. DATED: m@,,h s lqs4 lvin Fri nun April 9, 1984 18C - ORDIMWE APPOINTIWI VIINERS WHEREAS, LANDS END ASSOCIATES, a Vi@inia limited partne@hip, afteivards referred to as the Applicant, has glven due notice, in accord- ance with the statutes for stuh cases nade and provided that they will on the 9th day of April, 1984, apply to the City Ccuncil of the City of Vitginia Beach, Vir-ginia for the appdin@nt of Viewem to view the below described prcperty and report in writirg to the Council whether, in the opinion of said ViEwers, any, and if arW, %bat inconvenience @uld result fran the discontimance of the hereinafter described portion of that certain street of ariable width, and has filed such application with said Council. NON, THEREFORE, be it ORDAINED by the Coancil of the aty of Virginia Beach, Vi@inia: THAT Robert J. Scott David M. Grochmal AND, C. Oral Lambert, Jr. are hereby appdinted to view the below described prcperty and report in writirg to the Council, as soon as pc)ssible, mhether in their cpinion, arW, and if ary, what incorivenience would result in the discontiruirg and vacat- iorg of that certain street of variable width located in the City of Vir- ginia Beach, Virginia, and ndre particularly described as follows: ALL of that certain portion of a 301 wide road situated in the Lynnhaven Borcagh of the City of ViTginia Beacb, Virginia, crcss- ing the prcperty of LANDS END ASSOCIATES, a Vizginia limited partne@hip, fran the wstern end of a 30' Wide Road closed by Vitginia Beach City Caincil by Ordinance No. 15,262, recorded in Deed Bock 2250 at page 1651 in the Cletk's Office of the Circuit Court of the City of Virginia Beach, Virginip, to the east to the end of the 30 foot wide road to be vacated at its intersection in the eastern right of Yay line of Marshview Drive to the vest, as shown on that certain plat entitled "PLAT SHOWING FORTION OF 30 FOOT WIDE ROAD TO BE CLOSED BY THE CIIY OF VIFRINIA BEACH, VA. ORDINATCE, LYNNHAVEN BOROUGH, VIFCINIA BEACH, VIFrINIA," mde by Wilfred P. Large, Inc., dated February 22, 1984, attached hereto, that certain portion of the 30 foot wide road beirg ffore particu- larly bounded and described by reference to the plat as follows: Beginnirg at the point of intersection of the sc)uthern right of way line of Norfolk Avenue and the eastern right of vay line of Marshview Drive; then tunnirg S. 6@ 33' 40" W., a distance of 282.521 to a point narked by a pin; then turnirg and runnirg S. April 9, 1984 - 18d - 49' 041 28" W., a distance of 4.251 to a pc)int mtked by a pin, beirg the pdint of beginnirg, then tirnirg and runnirg S. 40* 56' 2111 E., a distance of 129.041, to a point rrarked by a pin, then turnirg and Tunnirg N. 491 051 0211 E. , a distance of 10.00', to a point narked by a pin, then turnirg and runnirg S. 40* 56' 21" E. , a distance of 541.281 to a pc)int narked by a pin, then ttwnirg and runnirg S. 46@ 351 42" E. , a distance of 10.01 I to a PC)int ffarked by a pin, then turnirig and iunnirg S. 40@ 561 21" E. , a distance of 180.321 to a pdint mtked by a pin, then turning and tunnirg S. 76* 01' 00" E., a distance of 338.80' to a pdint nurked by a pin, then turnirg and runnirg S. 33' 03' 29" E. , a distance of 44.021, to a pdint rrELrked by a pin, then turnirg and tunnirg N. 76* 01' 00" E., a distance of 380.501 to a pc)int narked by a pin, then twnirg and runnirg N. 40@ 561 21" W., a dlstance of 860.561 to a point rnirked by a pin, then turnirg and tunnirg N. 49- 04- 28" E. , a distance of 30.001, to a pdint rmtted by a pin, vbich is the point of beginnirg. All the above as shown updn that certain plat entitled, "PI-AT SHOWING FORTION CF 30 FOOT WIDE ROAD TO BE CIOSED IN THE CITY OF VIFCINIA BEACH, VA. ORDINME, LYNNHAVEN BDROUGH, VIFCINIA BEACH, VA., vbich plat is attached hereto and nade a part hereof and intended to be recorded with the Ordinance closirg the aforedescribed street. April 9, 1984 18e 2 z ,4ii 04 OCEAN Ar@ANr'C CL cti Co,- 1/00/ -.9ps 4 100, J,,eo-,.qo 190 DRIVE April 9, 1984 18 f IN THE HATTER OF CLOSIW,, VACATING AND DISODNTINUIW, A FORTION CF THAT CERTAIN SMFT, KNOWN AS A 30 FOOT WIDE ROAD, AS SHC)WN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHONIIC FORTION OF 30 F'OOT WIDE ROAD TO BE CLOSED BY THE CITY OF VIFOINIA BEACH, VA. ORDINANCE, LYNNHAVEN B)ROUGH, VI@INIA BEAaf, VIFCINIA," WHICH PIAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE R&MBFRS OF THE CX)UICIL OF THE Cl'fY CP VIFCINIA BEACH, VIEGINIA Your Petitioner, LANES END ASSWIATES, a VitEinia limited partner- ship, afterwards referred to as the Petitioner, respeclfully represent as follokvs: 1. That ptrsuant to the provisions of SecLion 15.1-364 of the Code of Virginia, 1950, as amended, the Petitioner applies for the vacat- ing, clo6ir4g, and dlscontinaance of a pc)rtion of that certain street, vhich is mre specifically described as follows: ALL of that certain pdrtion of a 30' wide road situated in the Lynnhaven Borcugh of the City of Vi@inia Beach, Virginia, cross- ing the prcperty of LANDS END ASSOCIATES, a ViMinia limited partnership, frcrn the @stern end of a 30' Wide Road closed by Viryinia Beach City Council by Ordinance No. 15,262, recorded in DeeJ Bock 2250 at page 1651 in the Clerk's Office of the Circuit Court of the City of Viryinia Beacb, Vitginia to the east to the end of the 30 foot wide road to be vacated at its intemection in the eastern right of my line of Mar-shview Drive to the @st, as shown on that certain plat entitled "PIAT SHONING FORTION OF 30 FOOT WIDE ROAD TO BE CLOSED BY THE CITY CF VIFCINIA BEACH, VA. ORDINArCE, L VFN BOROUGH, VIFCINIA BEACH, VIFCINIA," nade by Wilfred P. Latge, Inc., dated Februaly 22, 1984, attached hereto, that certain pdrtion of the 30 foot wide road being mre particu- larly bcunded and described by reference to the plat as follows: Beginnirg at the pc)int of intemection of the SC)uthern right of way line of Norfolk Awnue and the easterd right of vay line of Marshview Drive; then runnirg S. 6@ 33' 40" W. , a distance of 282.521 to a point rrarked by a pin; then turnirg and runnirg S. 49' 041 28" W., a distance of 4.251 to a point rarked by a pin, beirg the @int of beginnirg, then tlwnirg and runnirg S. 40* 561 21" E. , a distance of 129.041, to a pdint garked by a pin, then turnirg and tunning N. 49' 05' 02" E. , a distance of 10.00', to a point mrked by a pin, then tirnirg and runnirg S. 40* 56' 21" E. , a distance of 541.28' Lo a point natked by a pin, then turnirg and April 9, 1984 18g - runnirg S. 46' 351 42" E. , a distance of 10.01' to a point rmlked by a pin, then turnirg and runnir4g S. 401 561 21" E. , a distance of 180.32' to a point rmtked by a pin, then turnirg and runnirg S. 7ir 01' 00" E. , a distance of 338.801 to a pc)int mrked by a pin, then turnirig and runnirg S. 33' 03' 29" E. , a distance of 44.021, to a pc)int rrELrked by a pin, then turnirg and mnnirg N. 76' 01' 00" E. , a distance of 380.50' to a point rrarked by a pin, then twnirg and tunnirg N. 40* 56' 21" W., a distance of 860.561 to a point mrked by a pin, then turnirg and runnirg N. 49- 04' 28" E. , a distance of 30.001, to a pdint narked by a pin, vhich is the point of beginning. 2. That no inconvenience will result to ary pemons by reason of said closirg, vacation, and discontirmance of said street; and the Peti- tioner prays that this Honorable Council appc)int vicvers as provided by law to view said platted street prcposed to be closed and to report in writirg to the Council on or before the 9th day of April, 1984, as to whether in the cpinion of said Viewers, vbat inconveninece, if ary, @uld result fran the discontinaance and closirg of this pc)rtion of said street, as herein reported and described. 3. That on March 18, 1984 and )Aarch 25, 1984, notice of the presentirg of this application was published in the Beacon, a n(,vspaper of general circulation in the City of Virginia Beach, Vitginia. 4. That the fee simple owner-s of all land a-lorg and adjacent to and affected by said portion of the platted street are your Petitionem herein, Lands End Associates, a Vizginia limited partne@hip. RESPECTFULLY SUBMITTED, LANL'S END ASSOCIATES, a Virginia limited partner,ship BY: Of Counsel Melvin Friednan MELVIN FRIEDMAN, P.C. 4660 Haygood Road Virginia Beach, Vir-ginia 23455 (804) 460 6000 April 9, 1984 - 19 - Item II-E.11 CONSENT AGENDA ITEM # 21687 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $750.30 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Menbers Voting Nay: None Council members Absent: Robert G. Jones April 9, 1984 FORM NO. C.A. 7 - 19a - 3/23/84 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 Exonem- Date Penalty I nt. Total Year of Tax Number tion No. Paid D A Sprinkle 83 RE(1/2) 77196-2 11/16/82 20.00 D A Sprinkle 83 RE(2/2) 77196-2 8/17/83 20.48 Jesse 0 & Lena M Reese 82 RE(1/2) 65214-6 11/25/81 10.44 Jesse 0 & Lena M Reese 82 RE(2/2) 65214-6 6/5/82 10.44 Jesse 0 & Lena M Reese 83 RE(1/2) 67883-1 12/1/82 16.14 Jesse 0 & Lena M Reese 83 RE(2/2) 67883-1 6/5/83 16.14 Kellam Pickrell & Lawler 83 RE(1/2) 3058-5 12/5/82 56.76 Diversified Mail Marketing 84 RE(1/2) 22597-2 12/5/83 120.00 Mattie G James 84 RE(1/2) 43638-9 10/19/83 51.52 Allen Jr & Anne W Jones 84 RE(1/2) 44862-4 10/25/83 3.07 Michael & Deborah Winesett 83 pp 194797-6 3/2/84 .62 Charles & Kathy Bensten 83 pp 188690-6 3/2/84 2.14 Anastasia & John Crampton 83 pp 189522-8 3/6/84 .46 Anastasia & John Crampton 83 pp 189523-7 3/6/84 10.11 Richard A Lyons 83 pp 192040-5 3/7/84 10.43 Richard A Lyons 83 pp 192041-4 3/7/84 .05 Charles Boothe 83 pp 188795-0 3/7/84 10.35 Charles Boothe 83 pp 188794-1 3/7/84 .12 Luzuiminda C Tayag 83 pp 139757-0 9/12/83 105.47 Eric J Lowe 83 pp 87680-3 8/31/83 150.37 Diamond Enterprises 83 pp 167136-2 11/9/83 60.18 Brite Parris 83 pp 109009-9 12/7/83 60.01 Wanda Mae Lowe N/A Pkng 63887 2/29/84 15.00 MAR 28 1984 Total 750.30 DEPT- OF LAW This ordinance shall be effective from date of adoption. The above abatemenqs) totaling Certi @750.30 were approved by the Council of the City of Virginia 1984 p@ Beach on the 9- day of +/-Pril-, John T. tkinson, Treasurer Approved as to form: Ruth Hodges Smith City Clerk April 9, 1984 - 20 - Item II-E.12 CONSENT AGENDA ITEM # 21688 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $3,387.23 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 20 AN ORDINANCE AUTHOFI. LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for licesise refunds, upon certif lcation of tlie Commissioner of the Revenue are hereby approved: NAME License Date Baso Pcnalty Int. Total Year Paid Dravis, Marlene & Jacobson, Elizabeth T/A Bedside Manner P. 0. Box 2303 Va. Beach, VA 23A50 i983 1/18/84 12.00 12.00 Elektro-Physik, Inc. 1129 Indeperidence Blvd. Va. @each, VA 23456 Audit Credit, .519.50 519.50 Topolcic, George B. T/A Express Press 2768 Shore Drive Va. Beach, VA 23451 Audit Credit 47.93 ..47.93" Certi@ed as to Payment: This ordinance shall be effective from date of adoption. The above abatement(s) totalind $579-43 were approved by the Council of the City of Y!rginia Beach on the 9-' day of 4 8 Ruth HoJges Smith City Clerk April 9, 1984 20b AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF'RHE COMMISSIONER OF THE REVENUE BE IT ORDAINED 13Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following zipplications for license rofunds, upon certification of tlie Commissioner of the Revenue are hereby appro@,ed: NAME License Date Base Penalty Int. Total Year Paid Nutri/System Weight Loss Co., Inc. T/A.Weight Loss Medical Ctr. Attn: James G. Murray, Tax Accountant Old York & Rydal Roads Jenkintown, PA 19046 1983 3/8/84- 430.71 430.71 Saenz, Enriaue A., MD, FACS 880 Kempsviile Rd., Suite 2100 Norfolk, VA 23502 Audit Credit 117.'12 117.32--- Smittle, Tonie S.' 1636 Lake Christopher Dr. Va. Beach, VA '23462r 1983 3.2/20/83 SS.75 RR.75 Ce nt: Ivan D. Mqpp U.V Commissibi of Rev Appro/e@ as to J. Dt. Bi.... This ordinance shall be effective from date of ty Attorney adoption. The above abatement(s) totaling $636.78 were approved by the Council 9 April 84 of the City of Y-irginla E each on the day of 19- . Ruth HDdges Smith City Clerk April 9, 1984 FORM NO. C... 0 --- - 20c AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CEERTAIN PERSONS AND UPON CERTIFICATION OF THE COVIMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenua are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Solar Resources of Tidewater, Inc. c/o Eagle Electric Corp. 4980 Cleveland Street Va. Beach, VA 23462 Audit Credit 2,114.64 2,11A.64 Va. Beach Waves, Inc. c/o J. Lawrence Brownell, Pres. 1504 Baycliff Court Va. Beach, VA 23454 Audit Credit 56.38 56.38 Cer ment: Ivan 0. Mapp Comnilssioner of R Approved as to form: U4./baii Bimson This ordinance shall be effective from date of C/ty Attorney adoption. The above abatement(s) total intf @2,171.02 wereapprovedbythecouncil of the City of Virginia Beach on the 9 day of April 19 84 Ruth Hodges Smith City Clerk April 9, 1984 - 2 1 - Item II-E.(l) ANNOUNCEMENTS ITEM # 21689 Mayor Jones announced an ELECTRIC POINTER was provided for the speakers at the Podium to indicate their area of interest on the wall map. Mayor Jones also announced that the CITY UTILITY POLICY would not be presented today but rather on April 16, 1984. April 9, 1984 - 22 - Item II-F.1 PLANNING ITEM # 21690 Billy McDowell, pool contractor, represented the applicant. C. Oral La@ert, Director of Public Works, responded to City s Encroachment Policy. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED the Application of Congressman NORMAN SISISKY for an ENCROACHMENT into a right-of-way known as 61st Street. This Application concerned the replacement of an existing privacy fence. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 23 - Item II-F.2 PLANNING ITEM # 21691 Attorney Bruce Mills represented the Applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of DANIEL PIERRO for the closure of a portion of FIRST STREET. ORDINANCE UPON APPLICATION OF DANIEL PIERRO FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTION OF FIRST STREET Ordinance upon Application of Daniel Pierro for the dis- continuance, closure and abandoriment of a portion of First Street beqinning at the Eastern boundary of South Kentucky Avenue and running in an easterly direction a distance of 100 feet. Said street is 50 feet in width and contains 5,000 square feet. KEMPSVILLE BOROUGH Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Robert G. Jones April 9, 1984 23a - ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF TI-IAT CERTAIN STREET KNOW-N AS FIRST STREET, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA AS SHOWN ON THAT CERTAIN PLAT ENTITLED " PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY VIRGINIA BEACH, VIRGINIA Scale 1" = ZO', Date: November 1, 1983, FREEMAN & FREEM-AN, ENGINEERS & SURVEYORS". WHEREAS, it appearing by affidavit that proper notice has been given by Daniel A. Pierro and Hazel Craig that They would make application to the Council of the City of Virginia Beach, Virginia, on to have the hereinafter described street discontinued, closed, and vacated; and W"HEREAS, it is the judgement of the Council that sitid street be discontinued, closed and vacated: NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain portion of First Street as shown on the Plat of "MIDWAY", a copy of which plat is duly recorded in the Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page 130, the portion to be vacated being more particularly shown on that survey entitled, PLAT SHOWING PROPOSED VACATION OF A PORTION OF FIRST STREET SUB- DIVISION OF NADWAY VIRGINIA BEACH, VIRGINIA, Scale: 111 = 20', Date: November 1, 1983, FREE@N & FREEMAN, Engineers & Surveyors", a copy of which is attached hereto, and the portion to be vacated being outlined in red on the attached survey and being more particularly bounded and described as follows: BEGINNING at a pin, which pin is located at the northwest corner of Lot One, Block IZ, Plat of Midway; thence from said Point of Beginning, NO* 16' W 50 feet to a pin which pin is located at the southwest corner of Lot 16, Block One, Plat of Midway; thence, turning and running along the southern property line of said lot 16, N89* 441 E 100. 00 feet to a pin, which pin is located at the southeast corner of said lot 16; thence, April 9, 1984 23b turning and running S O* 16 E 50 feet to a pin, which pin is located at the northeast corner of Lot One, Block 12, Plat of Midway; thence turning and running S 89 * 441 W 100. 60 feet to the POINT OF BEGINNING. SECTION 11 A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. April 9, 1984 - 24 - Item II-F.3 PLANNING ITEM # 21692 Attorney Grover Wriqht represented the Applicant. Upon motion of Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an ordinance upon application of CREECH DEVELOPMENT CORPORATION for a Conditional Use Pe=it. ORDINANCE UPON APPLICATION OF CREECH DEVELOPMENT CORP- ORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0484624 BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Creech Development Corp- oration for a Conditional Use Permit for mini-warehouses on certain property located on the south side of Harpers Road beginning at a point 570 feet more or less east of Phantom Boulevard, running a distance of 263.21 feet along the south side of Harpers Road, running a dis- tance of 177.20 feet in a southerly direction, running a distance of 132.55 feet in an easterly direction, running a distance of 25.70 feet in a northerly di- rection, running a distance of 102 feet in an easterly direction, running a distance of 78.50 feet in a south- erly direction, running a distance of 443.30 feet along the southern property line and running a distance of 236.36 feet along the western property line. Said parcel contains 1.598 acres. PRINCESS ANNE BOROUGH The following conditions shall be be required: 1. Adequate Screening. 2. Hours of Operation are from 6:00 a.m. to 9:00 p.m. 3. Lighting to be directed toward interior of site. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth day of April, Nineteen Hundred and Eighty-Four. April 9, 1984 2 5 Item II-F.3 PTANNING ITEM 21692 (Continued) Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 26 - Item II-F.4 PLANNING ITEM # 21693 Attorney Grover Wright represented the Applicant. upon motion by councilman McCoy, seconded by Councilwoman Oberndorf, CitY Council ADOPTED an Ordinance upon application of WAVY TELEVISION, INC. for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF WAVY TELEVISION, INC., A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR A TELEVISION TRANSMISSION AND RELAY STATION R0484625 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of WAVY Television, Inc., a Virginia Corporation, for a Conditional Use Permit for a television transmission and relay station on certain property located at the southwest corner of South Boulevard and Expressway Drive, running a dis- tance of 300 feet along the south side of South Boule- vard, running a distance of 326 feet along the western property line, running a distance of 225 feet along the southern property line, running a distance of 330 feet more or less in a northeasterly direction and running a distance of 150 feet more or less along the west side of Expessway Drive. Said parcel contains 2.58 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 Ninth day of April, Nineteen Hundred and Eighty-Four. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 27 - Item II-F.5 PLANNING ITEM # 21694 Jim H. Francisco, Applicant, in attendance to respond to any questions. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED a Variance to Section 4.4(b) of the Subdivision ordinance in the matter of the application of JIMMIE H. FRANCISCO. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivison Ordi- nance, Subdivision for Jimmie H. Francisco. Property located on the south side of Parliament Drive, 130 feet more or less west of Huntington Drive. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, and Robert G. Jones April 9, 1984 - 28 - Item II-F.6 PTANNING ITEM # 21695 Richard Browner, represented the Applicant Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council APPROVED a Variance to Sections 4.1(m), 5.5(1), and 5.5(b) of the Subdivision ordinance in the matter of the application of N. JOSEPH DREPS. Councilman Jennings as a part of his MOTION stated that Approval would be subject to special building techniques to avoid erosion. (Plat distributed by Richard Browner is hereby made a part of the proceedings) Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision ordi- nance, Subdivision for N. Joseph Dreps. Property located at the northwest intersection of S. Spigel Drive and Gilbert Circle. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Special building techniques to avoid erosion. 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, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Mernbers Voting Nay: None Council Members Absent: Robert G. Jones, J. Henry McCoy, Jr., D.D.S. April 9, 1984 28a ro 24 - 29 - Item II-F.7 PLANNING iTEm # 21696 Willia Daniels, resident of Rosernont Road, spoke in opposition. Letter from Odessa Richardson of Rosernont Road in opposition to this proposed Rezoning also referenced. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council DENIED an ordinance upon application of JOHN B. GERMAN for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF JOHN B. GERMAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Ordinance upon Application of John B. German for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on Lots 42, 43 and 44, Block 22, Pecan Gardens. Parcel is located at 677 Rosemont Road and contains 7312.5 square feet. PRINCESS ANNE 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, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones, J. Henry McCoy, Jr., D.D.S. April 9, 1984 - 30 - Item II-F.8 PLANNING ITEM # 21697 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, 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 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 TO P-1 Z0484843 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 Distict Classification from PD-H2 Planne@Unit Development District to P-1 Preservation District on parcels located south of Dam Neck Road and east of Oceana Boulevard as shown on the plats of Sandy Shores, Phases One, Two and Three on file in the Department of Planning. Said parcel contains 19.65 acres. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: A variable width dedication along the frontage on Old Dam Neck Road to provide for an ultimate 66 foot right-of-way as per 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 Ninth day of April, Nineteen Hundred and Eighty-Four. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 31 - Item II-F. 9 PLANNING ITEM # 21698 Attorney Moody E. Stallings represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of THE ESTATE OF HATTIE E. GRESHAM for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF THE ESTATE OF HATTIE E. GRESHAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO B-2 Z0484844 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon Application of the Estate of Hattie E. Gresham for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Busi- ness District on certain property located 600 feet east of Oceana Boulevard beginning at a point 800 feet more or less south of Old Dam Neck Road, running a distance of 850 feet along the western property line, running a distance of 230 feet more or less along the southern property line, running a distance of 690 feet more or less along the eastern property line, running a dis- tance of 190 feet more or less in a northwesterly di- rection, running a distance of 150 feet more or less in a northeasterly direction and running a distance of 40 feet more or less in a northwesterly direction. Said parcel contains 4.35 acres. PRINCESS ANNE BOROUGH A N D, ORDINANCE UPON APPLICATION OF THE ESTATE OF HATTIE E. GRESHAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Z0484845 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon Application of the Estate of Hattie E. Gresham for a Change of zoninq District Classification from AG-2 Agricultural District to B-2 Conununity-Business District on certain property located on the east side of Oceana Boulevard beginning at a point 750 feet more or less south of Old Dam Neck Road, running a distance of 550 feet more or less alonq the east side of Oceana Boule- vard, running a distance of 390 feet more or less in a southeasterly direction, running a distance of 430 feet along the southern property line, running a distance of 850 feet more or less along the eastern property line, running a distance of 40 feet more or less in an easterly direction, running a distance of 50 feet more or less in a northerly direction and running a distance of 550 feet more or less along the northern property line. Said parcel contains 11.45 acres. PRINCESS ANNE BOROUGH April 9, 1984 - 32 - Item II-F. 9 PIANNING ITEM # 21698 (Continued) These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the in@th day of April, Nineteen Hundred and Eighty-Four. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 33 - Item II-F.10 PLANNING ITEM # 21699 Attorney Grover Wright represented the Applicant Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council DEFERRED for thirty (30) days until the City Council meeting of May 14, 1984, as Applicant had not submitted a revised plan reflecting a total of 249 units to the Planning Department, Ordinances upon application of GALLAGER ASSOCIATES for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 to R-8 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from AG-1 Agri- cultural District to R-8 Residential District on cer- tain property located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062.54 feet in a southeasterly direction, running a distance of 990.99 feet in a southerly direction, running a distance of 976.95 feet in a westerly direction, running a dis- tance of 117.36 feet in a southwesterly direction, running a distance of 444.73 feet in a northwesterly direction, running a distance of 240 feet in a south- westerly direction, running a distance of of 503.14 feet in a northwesterly direction, running a distance of 133.62 feet in a southwesterly directon and running a distance of 149.26 feet in a northwesterly direction. Said parcel conains 42.319 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the east side of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 361.54 feet along the east side of Holland Road, running a dis- tance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Said parcel contains 4.67 acres. PRINCESS ANNE BOROUGH A N D, April 9, 1984 - 34 - Item II-F.10 PLANNING ITEM # 21699 (Continued) ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon Application of Gallager Associates for a Change of Zoning District Classification from R-8 R s@idential District to PD-H2 Planned Unit Development District on parcels located on the east side of Holland Road. Parcel 1: Located on the east side of Holland Road be- ginning at a point 3400 feet more or less south of Land- stown Road, running a distance of 361.54 feet along the east side of Holland Road, running a distance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Parcel 2: Located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062.54 feet in a southeasterly direction, running a distance of 990.99 feet in a southerly direction, running a distance of 976.95 feet in a westerly direction, running a distance of 177.36 feet in a southwesterly direction, running a dis- tance of 444.73 feet in a northwesterly direction, runninq a distance of 240 feet in a southwesterly direction, running a distance of 503.14 feet in a northwesterly direction, running a distance of 133.62 feet in a southwesterly di- rection and running a distance of 149.26 feet in a north- westerly direction. Said parcels contain 46.989 acres PRINCESS ANNE BOROUGH A N D, ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO P-1 Ordinance upon Application of Gallager Associates for a Change of Zoning D strict Classification from AG-1 Agri- cultural District to P-1 Preservation District on cer- tain property located 2500 feet more or less east of Holland Road beginning at a point 2000 feet more or less south of Landstown Road, running a distance of 728.51 feet in a northeasterly direction, running a distance of 2508.70 feet in a southeasterly direction, running a distance of 987.64 feet in a westerly direction, running a distance of 990.99 feet in a northerly direction and running a distance of 1062.54 feet in a northwesterly di- rection. Said parcel contains 37.842 acres. PRINCESS ANNE BOROUGH. April 9, 1984 - 35 - Item II-F.10 PIANNING ITEM # 21699 (Continued) Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 36 - Item II-G.1, 2 & 4 APPOINTMENTS ITEM # 21700 By CONSENSUS, City Council RESCHEDULED Appointments of the following: ADVERTISING SELECTION COMMITTEE COMMUNITY SERVICES BOARD HOUSING BOARD OF APPEALS April 9, 1984 - 37 - Item II-G.3 APPOINTMENT ITEM # 21701 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED the following: Lillian B. Youell HISTORICAL REVIEW BOARD (To fill the unexpired term of maryanne Nixon to March 31, 1986) Voting. 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones April 9, 1984 - 38 - Item II-H ADD-ON UNFINISHED BUSINESS ITEM # 21702 Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council RESCINDED the portion of the Action by City Council on April 2, 1984 APPROVING Authorization to ADVERTISE the following SPECTAL REVENUE BOND: CHASE LYNNHAVEN LIMITED PARTNERSHIP ($7,500,000) Suffolk Redevelopment and Housing Authority Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Votinq Nay: None Council Members Absent: Robert G. Jones April 9, 1984 38a - SUMMARY SHEET SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY SPECIAL REVENUE BOND Project Name: Chase Lynnhaven Limited Partnership Project Location: South Lynnhaven Road across from Lee Highlands Boulevard. See map attached. Description of 154-unit apartment complex, including land- Project: scaping and recreational amenities. The Project is further described in the attachment. Amount of Bond: $7,500,000 Principals: Chase Lynnhaven Limited Partnership is a Virginia limited partnership, the general partners of which are Crow, Terwilliger & Michaux, Inc., a Virginia corporation, and Crow-Terwilliger Company, a Georgia corporation. The principals of those companies are described in the attached resume of the Development Team. April 9, 1984 - 39 - Item II-I ADD-ON NEW BUSINESS ITEM # 21703 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council RESCHEDULED the Application of JOHN G. AND MARY WILLIAMS for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District (Bayside Borough) from the City Council Meeting of April 23, 1984 to the City Council Meeting of May 14, 1984. Attorney Grover Wright stated the residents of Witchduck Landing and Aragona Village in opposition to this rezoning would be notified of the RESCHEDULING, and copies of said letters sent to the City Clerk's office for the record. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M.Henley, and Meyera E. Oberndorf Council Members Absent: Robert G. Jones April 9, 1984 - 40 Item II-J.1 ADJOURNMENT ITEM # 21704 Upon motion by Councilwoman Creech, City Council ADJOUR14ED the meeting at 3:30 p.m. - @.., y Deputy City Clerk cmc Mayo2 Louis P(/ Jones City Clerk City of Virginia Beach virginia /bh