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JANUARY 16, 1984 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COU,\ICIL AIA YOR 1,0(11S R. 10,\IES, B ... id@ 13@,,,,gh VICE-,tIAYOR 13AR13ARA M. HEVI.EY. B,,,,,,gb JOI/,V A. BAI;AL, NANCY A. (@REECH. I, L.,g,, IIAROLO ltriSCIIOBER, A, L.,g@ 11. JACK II?.. Ly@,,h ... @ B. .,h ROBERT G. ]OVE@@, A, L,,,R, W. 11. KITCIIIN, lti, iligi@,. 13,.ch RE13A S. Al,,,LAN,iV, P,i@.... A@@, 13,,,..gb '12 CITY IIALI, RUIL.DIVG 1, IIENRY @1,COY. JR., B,,,,,,gb MIJVICIPAL CElq7'ER MEYERA E. 013ERNI)ORI@. A, [,.,g, VIR(;INIA BEACI(, VIRGINIA 2345(, RUTII IIODGES SAItTli, CMC, Ci,y (:I,,k (804) 427-4 303 CITY COUNCIL AGENDA January 16, 1984 ITEM I. SFSSION: 11:00 a.m. A. CALL To ORDER Mayor Loouis R. Jones B. ROLL C-UL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/ IVE SESSION D. PRESENTATION/DIscijssIoN OF PERTINERR MATRFRS 1. Mtters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S @SMTIVE ITEMS 1. wtbane Gas Recc)very - Landfill No. 2: Presentation by De.oartment of Public Works. 2. Highway Funding Allocation Proposal: Discussion. 3. PD-H 2 Regulations: Presentation by Mr. Robert Scott, Director of Department of Planning. 4. Heritage Construction Ch-ge of ZOnipa: Discussion of deed restriction. 5. RE,,view of Consent Agenda. ITEM II. FO@ SFSSION: 2:00 p.m. A. INVOCATICN: Reverend JaTnes Ashrwre Bayside Presbyterian Church B. PLEDGE OF ALLBGIANCE TO THE FLAG OF = UNITED STATES OF AMERICA C. E=RONIC ROI.L CALL OF COUNCIL D. OF PRFVIOUS ME=ING: 1. Mcytion to accept/approve the Minutes of January 9, 1984 E. PROCLAMATION 1. " ty College Week" - January 22-28, 1984. F. PRESENTATICNS 1. Jesse W. and Ruth E. Drew Meworial. 2. Resolutions of Appreciation. a. Mary Davenpor-t - Ccmmunity Develo@t Citizens Advisory ccmnittee. b. Norman W. Morris - DeveloEmnt Authority. c. @sell Fmcks - Southeastern Virginia Areawide model Program G. RESOLUTICNS 1. Resolution supporting the full funding of the Board of Education's Standards of Quality. 2. Resolution supporting Congressman G. William Whitehurst's efforts to secure adequate federal funding to begin the process of cleaning up Chesapeake Bay and calling upon all political jurisdictions that border the Bay to voice their support for adequate federal funding to prevent destruction of Chesapeake Bay. 3. Resolution approving the projects listed in the proposed Capital Inprov@t Prograrn for the Fiscal Years 1983-1984 through 1987-1988 as amended by City council. 4. Resolution scheduling Public Hearing on February 6, 1984 at 2:00 P.M. to @d Section 6.05.1 of the Charter of the City of Virginia Beach re Authority for issuance of bonds or refunding bonds in such @unts as shall nct increase the total indebtedness H. OC)NSENT AGENDA All rmtters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one mction in the form listed. There will be rio separate discussion of these it@. If discussioi-i is desired, that item will be remved from the Consent Agenda and considered separately. 1. Resolution - Jesse W. and @th E. Drew Memrial 2. Resolution of Appreciation in Recognition: a. Mary Davenport ty Development Citizens Advisory ttee. b. Nornian W. Morris - Develo@nt Authority. c. Russell Fmcks - Southeastern Virginia Areawide Model Program. 3. Ordinance to Awnd and Reordain Section 35-38 of the Code of the City of Virginia Beach pertaining to Suits in Equity to Enforce Liens for Deliriquent Taxes. 4. Ordinance to and Reordain Chapter 5 of the Code of the City of Virginia Beach, Virginia relating to Animals and Fowl; by Arnending Section 5-48 Subsection (C) thereto pertaining to Tax Imposed. 5. Ordinance adopting speed limits for wtor vehicles on highways, streets, and ar-teries throughout the City of Virginia Beach. 6. ordinance, on sEcoND READING, to appropriate funds of $11,900 to the Police Department for building alterations and equipment (Public Safety Building). 7. Ordinance, on SBCOND READING, to accept grants totaling $37,345 from the Virginia Division of MoWr Vehicles and to apprcpriate these funds. 8. Ordinance, on SECOND READING, to decrease the ty Diversion Progranis appropriations and revenues by $7,050. 9. Ordinance, on FIRST READING, @ropriating Six Million Forty Thousand Sixty-Eight Dollars ($6,040,068) for various Fngineering and Highways, and Building Projects (Revenue Sharing Allocation) 10. Ordinance to transfer Capital Project Funds of @44,167 to Project # 5-304 Srmll Line Inprovemnts for Repairs and Additions to Existing Water @j-ns. 11. ordinance appointing Vi@rs in the petition of Donald W. and Selena Starbuck and Richardson C. and Lirida B. Bell for the closure of a portion of Lauderdale Avenue (Bayside Borough 12. Ordinance appointing Vievmrs in the petition of Richardson C. and Linda B. Bell for the closure of a pc)rtion of Garrision Avenue (Bayside Borough). 13. Ordinance authorizing and directing the City @ger to execute a Lease Agreemnt with the Trustees of the Rock Church. 14. Bingo Permit: Residents' Association of Westminister- Canterbury of n Roads,Inc. Sandbridge Fire Brigade, Inc. 15. Certificate of Public Converiience and Necessity for one for-hire vehicle: D.W. Bell, Inc. I. PLANN@ 1. Ordinance closing, vacating and discontinuing a portion of Lynn Shores Drive in the petition of Thcmas G. and Irma C. Harty and Thcms M. and Rita K. Vojtec (Kempsville Borough)(Council approved request on April 4, 1983. This matter vas deferred for 30 days on October 10, 1983 and on November 14, 1983.) a. Letter froin the City Manager transmits the recmwndation that FINAL APPROML be DEFERRED for 30 days, as City Attorney has not been notified as to whether conditions have been net. 2. ordinance closing, vacating and discontinuing portions of Pennsylvania Avenue, Maryland Avenue, Virginia Avenue, West Virginia Avenue, and First Street -in the E>etition of Oxford Devel@nt Enterprises, Inc. (Kempsville Borough) a. @tter from the City Manager transmits the re@ndation of the Plaming ssion and the Vie@rs concar for FINAL APPROVAL. 3. Application of Melvin L. Phelps, Francis L. @bell, and Joseph Carl Turner, Turstees for Bible Baptist Church, f-or a conditional use permit for a church on a four-acre parcel located along the south side of S l@ Road, v&st of Highland Drive (Kempsville Borough). a. Letter from the City Manager transmits the re@ndation of the Planning Ccmmission for approval. 4. Applications of R. G. Moore ]3uilding Corporation for changes of zoning in the Kernpsville Borough: a. From 0-1 Office District to R-5 Residential District on certain prcper-ty east of Princess Anne Road, south of Baxter Road. Said parcel contains 2.965 acres. b. From R-5 Residential District to PD-H2 Planned Unit Develor-ment District on certain property east of Princess Anne Rcad, south of Baxter Road. Said parcel contains 155.098 acres. c. Frcm R-5 Residential District to P-1 Preservation District on cer-tain property east of Princess Anne Road, south of Baxter Road. Said parcel contains 113.4 acres. d. From R-5 Residential District to A-1 Apartment District on certain property located along the east side of Tndian River Road, south of Lynnhaven Parkw-ay. Said parcel contalins 23.7 acres. Letter frorn the City Manager transmits the r ndation of the Planning Ccmission for approval of applications (a.b.c.d.) and reccmnendation of the Plarming DeparTnent for deferrel of (d.). 5. Applications of CBN for a changes of zoning in the K@sville Borough: a. Fran R-8 Residential District to H-1 FIotel District on a 15-acre parcel located on the southuest side of Indian River Road b. From R-8 Residential District to R-1 Residential District on an 8.92-acre parcel located east of Centerville TLirnpike, south of Indian River Road. AND, Applications of CEN for conditional- use permits in the Kenpsville Borough: c. for student housing (1,200 units) on a 104.61-acre parcel located along the west side of Centerville Turnpike, north of Brandon Boulevard. d. for a line-of-sigILt relay device (satellite dish antennaj)-on a 13.1-acre parcel located south of Indian River Road, east of Centerville Turnpike. e. for horse stables on an 8.92-acre parcel located east of Centerville Turnpike, south of Indian River Road. Letter from the City Manager transmits the reccmendation of the Planning ssion for approval. J. UNFINISHED BUSINESS I K. NEW BUSINESS 1. -Pequest of Wayne H. Skirmer on behalf of Outreach for Christ, Inc. for the City's endorsemnt of their request for tax exenipt status under the state law.(Suggestion of City Manager that Public Hearing be scheduled) L. RECESS INTO @IVE SESSION FOR COMCIL APPOINTEE EVALUATION PER CITY' ORDINANCE M. AWOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 16, 1984 11:12 a.m. Mayor Louis R. Jones announced there would be an informal discussion of the Capital Improvements Program for Fiscal Years 1983-84/1987-88, as proposed by the City Manager, and continued from the discussion of January 9, 1984. Appropriation of funds for C.I.P. projects will be in the form of an Ordinance. Councilman Jennings expressed his interest in full funding, by the City, of the Great Neck Recreation Center. Councilman Robert Jones concurred with this, and further stated his desire that the City consider funding of a recreation center in the Bayside Borough. Councilman Heischober expressed his concern about the Baxter Road widening (page 7 of the Proposed C.I.P.) and stated his desire that Council give consideration to this project prior to 1988. Councilman McCoy was supplied with the right-of-way acquisition costs on Baxter Road. It was noted that no funds have been "earmarked" for said acquisition. Councilman Baum requested an update on the Ferrell Parkway project. Council Members received a copy of "Dam Neck Road/Ferrell 'arkway Study" prior to the meeting. Regarding sewer lines proposed for Sandbridge, Councilman Jennings stated his desire that the City consider a compromise relative to Phase I in the form of a resolution limiting, or restricting, any new connection to the Phase I project to any areas north of that line. City Attorney Bimson was requested to research this possibility and determine the legalities of same. A written report from the City Manager was requested. Councilman Robert Jones requested a comprehensive report regarding the Atlantic Avenue Beautification Project. City Manager Muehlenbeck stated that, in the future, the C.I.P. "process" will begin one month prior to the usual time. In accordance with Councilman Baum's request, Council Members received in their agenda package a summary of "Why People Move to Virginia Beach". The meeting was adjourned at Twelve Fifteen in the afternoon. ALL COLINCIL @IF24BERS WERE PRESENT. January 16, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 16, 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 lionday, January 16, 1984, at Twel-Ve Forty-Three in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. l.enley, H. Jack Jennings, Jr., @layor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. -,4cClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None January 16, 1984 -2- ITEM # 21209 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. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 16, 1984 -3- M A T T E R S B Y C 0 U N C I L MASTER STREET AND HIGHWAY PLAN/BAXTER ROAD ITEM # 21210 Councilman McCoy proposed that Council reaffirm its position with regard to an Ordinance to amend the @laster Street and Highway Plan dated December 16, 1974, allowing the wideni.ng of Tndependence Boulevard from Jeanne Street to Holl-and Road, and deleting any reference to the re- location ol- Baxter Road (see "New Business" under Formal Agenda). This Ordinance was voted upon November 7 and 21, 1983, as well as January 9, 1984. A corrected copy of the Ordinance was presented to Council Members by Councilman McCoy. NATIONAL LEAGUE OF CITIES ITEM # 21211 Councilman Robert Jones stated there will be a congressional meeting (a "workshop" regarding legislative issues which Congress will be considering) of the National League of Cities in Washington, DC on March 3, 4, 5 and 6, 1984. Several Council Members expressed an interest in attending the meeting. Members of Council will decide if a majority of them expect to attend this Conference whether or not to cancel the regular Council meeting of March 5, 1984. WEAPONS (GUN) CONTROL ORDINANCE ITEM # 21212 The Ordinance to amend City Code Section 38-6 concerning purchase of certain weapons will be on Council's Agenda January 23, 1984. The City Attorney advised Council that all concerned parties (who had previously registered their interest) had been notified to this effect. January 16, 1984 -4- M A T T E R S B Y T H E C I T Y M A N A C E R METHANE GAS RECOVERY - LANDFILL NO. 2 ITEM # 21213 A presentation was made by C. Oral Lambert, Director, Department of Public Works, on methane gas recovery at the City's landfill (No. 2) on Centerville Turnpike. Mr. Lambert stated that the landfill at Centerville Turnpike has five times the amount of refuse contained at Mount Trashmore. The refuse contained at Landfill No. 2 would produce 1.5 billion cubic feet of methane gas per day (the equivalent of 7,500 gallons of gas per day). Mr. Lambert listed the potential uses of methane gas as follows: 1. Burn in its natural forin as heat. 2. Refine and sell to utility company. 3. Burn to generate electricity and then sell it. 4. Refine and contain for use as a source of fuel for motor vehicles. Mr. Lambert stated the desire of the City to explore the possiblity of allowing the private sector the opportunity of recovering the methane gas; consequently, the City would have no capital outlay. The Department of Public Works has identified twenty-seven energy firms which may be interested in submitting proposals for recovery/refining of the subject gas. The gas is presently dissipating into the air. As stated by Mr. Lambert, various scenarios could be developed based upon interest by the private sector. JLARC HIGHWAY FUNDING ITEM # 21214 Council Members were presented with a letter dated January 5, 1984, from the City Manager regarding the JLARC Highway Funding Allocation Proposal. Attached to said letter were two analyses of the impact of the proposal on Virginia Beach and other selected cities. Mr. David Grochmal, Assistant to the City Manager for Intergovernmental Relations, explained the contents of these analyses. Said letter and analyses are hereby made a part of the record. Councilwoman Oberndorf stated she had recently received a letter regarding "urban traffic count" in which the Government's intention to enter this under another program was stated. Traffic counts will now be reinstated. January 16, 1984 -5- M A T T E R S B Y T H E C I T Y M A N A G E R (continued) PD-H 2 REGULATIONS ITEM # 21215 Mr. Robert Scott, Director of Department of Planning, made a presentation on PD-H 2 regulations in response to concerns expressed by Council Members. He elaborated upon the material contained in his memorandum addressed to City Manager Muehlenbeck. Said memorandum, which was presented to all Council Members, is hereby made a part of the record. See Item 11-J.6, Formal Agenda, Unfinished Business. HERITAGE CONSTRUCTION COMPANY/ CliANGE OF ZONING/DEED RESTRICTION ITEM # 21216 Due to lack of time for discussion of the request by Heritage Construction Company to be relieved of a deed restriction, this item will be handled administratively. January 16, 1984 -6- RECESS INTO EXECUTIVE SESSION ITEM # 21217 City Council recessed into EXECUTIVE SESSION at One Fifty-Two in the afternoon. January 16, 1984 -7- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 16, 1984 2:05 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend James Ashmore Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 16, 1984 -8- Item II-D.1 MINUTES ITEM # 21218 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of January 9, 1984. Voting; 11-0 Council Members Voting Aye: John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. 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: None January 16, 1984 -9- Item II-E. I PROCLAMATION ITEM # 21219 Mayor Louis R. Jones proclaimed the week of January 22 through January 28, 1984, as: COMMUNITY COLLEGE WEEK Accepting the Proclamation was Dr. Michael F. LaBouve, Provost, Tidewater Community College-Virginia Beach Campus. Also present was Dr. E. T. Buchanan, Dean of Student Services, Tidewater Community College-Virginia Beach Campus. January 16, 1984 -9a- P R 0 C L A M A T I 0 N WHEREAS, the veaq concept o6 community cotteges wa,6 conceived by a Viiginian, Thomas JeAAe)t6on, who thought to bettea educate the peopte and enabte them to paotect theii newty gained qight4 ba caeating in,stitution,s oA highea lea@ning within a day',s ho4Aeback lide; and WHEREAS, in 1966 the ViAginia State Legistatate c)teated the Depa)ttment o6 and State Boaid AeA the eatabtishment and maintenance oA a statetoide sy@em o6 comp@ehensive cormnunity coffe_qe,5; and WHEREAS, the 23 community coffeges in the 6y,6tem make avaitabte a wide Aange oA pAog4ams and 6eAvice6 to eveiy citizen in Vi)tqinia at minimat cost; and WHEREAS, theze inztitutiona have vaovided hundieds and thou,6andz o@ ViAginians with the skitf6 needed AoA good job6, coftege tAan6AeA COUA,se,6, counseting Ae)tvices and a vaaiety o@ cuttu@af @4vice6, 5eAving moAe than 250,000 citizen6 each yeaa; and WHEREAS, the CommLinity Cottege Sy6tem i6 entea@ng into an exciting new eAa, with a new chaywettot, qkeatea chaffenge6 and a new 6en6e oA mi,5,5ion; and WHEREAS, it is app@optiate that the peopte o@ Vi4ginia Aecognize the contaibutionz oA theia commumity cotteges, 6uppoit theze inztitution,6 and p4omote pubfic awakene6z o@ the zetvicez avaifabfe to ouA citizen,6; and WHEREAS, Tidewatelt Community Cottege ha's wived the Aegt'on 4knce 1968, paoviding acceszibte, tow co,5t, po6t 6econdaAy educationaf o,rpoz- tunitiez to citizenz 04 the City oA Vi@ginia Beach. NOW, THEREFORE, 1, Louis R. Jonez, MayoA o@ the City o6 ViAginia Beach do heaeby paoctaim the week o4 JanuaAy 22-28, 1984 az COMMUN7TY COLLEGE WEEK in the City oA Vitginia Beach and commend TCC 6o4 it@ out6tanding 4eAvice to the citizen,6 o4 ouA community. Given unde4 my hand and zeat thia sixteenth day o@ Janua@y n4neteen hundaed and eiphty-AouA. Matio@ January 16, 1984 Itein II-F.1 PRESENTATION ITEM # 21220 With a Resolution to that effect, Mayor Louis Jones announced the establish- ment of the JESSE W. AND RUTH E. DREW MEMORIAL in response to their generous support of the Virginia Beach Public Library with the bequest of their estate to the City for this purpose. This gift will result in lasting benefits for all citizens to enjoy a vast collection of books and reading materials that otherwise would have been impossible. Accepting the Resolution was Beth Gustafson, niece of the Jesse W. and Ruth E. Drew. With Miss Gustafson was Mrs. Martha Simms, Director of Public Libraries. January 16, 1984 Item II-F.2 PRESENTATIONS ITEM # 21221 Resolutions of Appreciation were presented by Mayor Jones to the following persons for their services to the City of Virginia Beach as members of various Boards and Commissions. MARY DAVENPORT ---- Community Development Citizens Advisory Committee NORMAN W. MORRIS ---- Development Authority RUSSELL RUCKS ---- Southeastern Virginia Areawide Model Program January 16, 1984 -12- Item 11-G.1 RESOLUTION ITEM # 21222 Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City Council ADOPTED a Resolution supporting the full funding of the BOARD OF EDUCATION'S STANDARDS OF QUALITY. A copy of the Resolution will be sent to Dr. E. E. Brickell, Superintendent of Public Schools, and each member of the General Assembly by the City Clerk. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -12a- R E S 0 L U T I 0 N w Public education is of prime importance in the advancement of our society; H The costs of providing high quality E educational programs to all citizens of Virginia Beach have escalated rapidly in recent years; R More and more requirements are being E levied upon the public schools of the Commonwealth; and, A Mandates have not always been accompanied S: by adequate fiscal support. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council support the full funding of the Standards of Quality actual costs as estimated by the Board of Education. BE IT FURTHER RESOLVED: That this Resolution be spread upon the Minutes of this Formal Session of the Virginia Beach City Council; and that the City Clerk forward certified copies to the Virginia Beach School Board, the Governor and each member of the Virginia General Assembly. Given under my hand and seal this Sixteenth day of January, Nineteen Hundred Eighty-Four. Mayor January 16, 1984 -13- Item IT-G.2 RESOLUTION ITEM # 21223 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council ADOPTED a Resolution supporting Congressman C. William Whitehurst's efforts to secure adequate federal funding to begin the process of cleaning up CHESAPEAKE BAY and calling upon all political jurisdictions that border the Bay to voice their support for adequate federal funding to prevent destruction of Chesapeake Bay. Councilman Jennings requested that a copy of the Resolution be sent to Virginia Federal Delegates, as well as major political jurisdictions bordering the Chesapeake Bay. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -13a- R E S 0 L U T I 0 N WHEREAS, Congressman G. William Whitehurst has co-sponsored legislation that would commit the federal government to its share of the funds for the cleanup of the Chesapeake Bay; and WHEREAS, it is the policy of the Council of the City of Virginia Beach, Virginia, to preserve, protect, and maintain sensitive environmental areas in and adjacent to the City; and WHEREAS, in order to protect beaches and dunes, the City adopted a Coastline Management Ordinance which went into effect before Virginia's Coastal Resources Management Plan became operational; and WHEREAS, the health, safety, and welfare of our citizens and over two million visitors annually is directly affected by the water quality in the Chesapeake Bay; and WHEREAS, the Chesapeake Bay is a precious natural resource which forms an essential component of man's environment, yielding finfish, shellfish, and nourishing the food chain through salt marshes and non-vegetated tidal flats; and WHEREAS, the Chesapeake Bay represents an irreplaceable recreational resource which supports fishing, boating, swimming, and a pure, visually-pleasing, aesthetic experience which enhances the qualify of life for all who live around it or visit it; and WHEREAS, through man's carelessness and thoughtlessness, our stewardship of this precious natural resource has been insufficient to maintain its integrity in the ecological balance of nature; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that our support be voiced for Congressman Whitehurst's efforts to secure adequate federal funding to begin the process of cleaning up the Bay; and BE IT FURTHER RESOLVED that the Council calls upon all political juris- dictions that border the Bay to voice their support for adequate federal funding for this necessary effort to prevent further destruction of the Chesapeake Bay. January 16, 1984 -14- Item II-G. 3 RESOLUTION ITEM # 21224 Speaker in favor Sandbridge sewer: Maxine C. Graham Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED a Resolution approving the projects listed in the proposed CAPITAL IMPROVEMENT PROGRAM for the Fiscal Years 1983-1984 through 1987-1988, as amended, with the exception of the Sandbridge sewer, Phase 1, which was deferred to January 23, 1984. Councilwoman McClanan noted her intent to abstain from voting on the portion of the C.I.P. concerning Princess Anne Road/Kempsville Road. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClana * n, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Reba S. McClanan January 16, 1984 -14a- A RESOLUTION APPROVING THE PROJECTS LISTED IN THE PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR THE FISCAL YEARS 1983-1984 THROUGH 1987-1988 AS AMENDED BY CITY COUNCIL WHEREAS, the City Manager on November 14, 1983 presented to City Council the proposed Capital Improvement Program for fiscal years 1983-1984 through 1987-1988, and WHEREkS, City Council held three public hearings on the proposed program to provide for public comment, and I WHEREAS, based on public comment, City Council has determined the need for the projects in the proposed CIP along with the subsequent amendment-9 @n in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY TRE COUNCIL OF THE CITY OF VIRGINIA REACH that the projects for the construction of, or additions to capital facilities listed in the proposed CIP for 1983-1984 through 1987-1988 and as subsequently amended by City Council in the attached Exhibit A are hereby approved as capital projects. BE IT FURTHER RESOLVED that the projects shall be financed from funds to be provided periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered or rescheduled in any manner at any time by City Council. Adopted: January 16, 1984 January 16, 1984 KAR/3 cipoRD -14b- CITY OF VIRGINIA BEACH, VIRGINIA PROPOSED Ff 1983-84/FY 1987-88 CAPITAL IMPROVEMENT PROGRAM SUMMY OF CITY ODUNCIL AME TS Pr*Ject Title City Council Amendment Now Facilities for the Center for Project was added to the program. Effective Learning Financing for the $5,400,000 project will co@ from the proposed 1984 Bond Referendum. Bellamy Area Access Bridge Project was added to the program. Appropriation for the $200,000 will be provided in the 1983-1984 fiscal year through the reallocation of appropriation originally intended for project 02-002 Baxter Poad Relocation. Little,Neck Bikeway Appropriations for the $335,975 project Project 04-924 will be provided in the 1983-1984 fiscal year through the reallocation of approp- riation originally intended for project #2-002 Baxter Road Relocation. Gr4mt Neck Recreation Conter- Additional funding in the amount of ?ha" I - Project #4-801 $120.025 will be provided in the 1983-1984 fiscal year Lhrough the reallo- catioR of appropriations originally intended for project #2-002 Baxter Road Relocation. Total project cost will be revised to $3,374,670. Baxter Road Relocation Funding in th* amount of $656,000 for the P#oject #2-W2 project originally scheduled in 1983-1984 fiscal y"r will be reallocated to other projects. Appropriations originally scheduled for project #4-924 Little Neck Bikeway in the 1985-1986 and 1986-1987 fiscal year in the amount of $136,540 and $199,435 respectively will be reallocated to this project. Total project cost will be revised to $1,400,925 pending final decision on project disposition. Sandbridso Sever Lines-Ph"e I Projects will be deleted from the pro- Ph&se 11 - Project #6-931 & 06-936 posed program. Various School Painting-P@e I Project will be deleted from the prograa Project 01-953 because out Legal Bond Council did not coneLder this a bondable project. ApproprtatLons originally scheduled for this project will be reallocated to pro- ject #1-917 Red Kill Farm Elementary School (Pon4laton Sits). Red Will glementary School Additional appropriations in the amount (Pondleton Sits) Project #1-917 of $425,000 have been allocated to thts project frou project from project 01-953 Various Schools Painting-Phase 1. Total project cost will be revised to $4,875.000. K"/3 CIPI January 16, 1984 -14c- CA Zo v r-l C-o m(4m n C) bd m tn r4 > > z 0 > -i "-3 pa C) x z 0 tq m x0 pq t- 0 11 o -0 'i En tv z 0 0 > ;c p- - m t- - r- o > z m ch m o z C) pa n t:t z t-Iw w 0 .3 zr- m m En z V. cn - 0 w C- oo - C- t. 0 & 00- 0 0 0 w CO m"13 > 030 & 0 0 0 al w - m al 10 > t. C) al C) r- kA Iv w PO 0 :3 0 o kA 10 9- < ;o 10 m 14 < rn m;3 z 11 C) 00 00 w OQ I %A kA C) w m z PO > CO m C) 00 > > w w 9- DQ m ,D C> C, 10 OD al 00 m cn I 10 H w m m 1- 00 < o, o, al :K w 0 CD CD w CD 0- CO > 0. H c m w a - 0 CD N 00 0 0 w 00 oc 00 0 0. C. 0 00 C) 0- a, w 0 10 10 C:) C. 10 r C, o, C, 4 a, C, (I C, mm 0 C) C> 10 o, CD Cc 0 C) CD 0 0 C, el C, m @ C, - al CO - M o: 0, w C, n @ Im w C w w cx - C, cx c c c - C) c (D C) 10 0 C, C) c oc al C, U@ cx 10 I c m c cx C I t, c oc ICC. [.. c c c -15- item 11-G.4 RESOLUTION ITEM # 21225 Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ADOPTED a Resolution scheduling a PUBLIC HEARING on February 6, 1984, at 2:00 p.m. to amend SECTION 6.05.1 of the CHARTER of the City of Virginia Beach regarding authority for ISSUANCE OF BONDS or REFUNDING BONDS in such amounts as shall not increase the total indebtedness. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Councl.1 Members Voting Nay: None Council Members Absent: None January 16, 1984 -15a- The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 16 day of January , 1984. on motion by ('n,@ncilma and seconded by C@,@,h @ 'ggr"o to@.ing Resoiution was adopte. I R E S 0 L U T I 0 N WHEREAS, the Charter of the City of Virginia Beach provides the purpose for which bonds or notea may be issued and provides the authority for issuance of bonds; and WHEREAS, it appears to be in the best interest of the City of Virginia Beach that Section 6.05 be amended. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia; that 1. Section 6.05.1 of the Charter of the City of Virginia Beach, Virginia be amended to read as follows: Section 6.05.1. Authority for issuance of bonds. -- No bonds of the city shall be issued until their issuance shall have been authorized by an ordinance adopted by the affirmative vote of two-thirds of all members of the council and approved by the affirmative vote of a majority of the qualified voters of the city voting on the question at an election called and held for the purpose in the manner provided by law for submitting any question or proposition to the voters; provided that bonds and other obligations shall not be subject to the foregoing requirements if they are (a) of a type excluded from the computation of indebtedness of cities and towns under Section 10(a) of Article VII of the Constitution and are authorized and issued so as to satisfy the conditions for exclusion set forth therein, or (b) refunding bonds; provided, further, that the council may, without submitting the question of their issuance to the qualified voters, issue bonds or other obligations in any calendar year for any proper purpose in such amounts as shall not increase the total indebtedness of the city, as determined in the manner set forth in Section 10(a) of Article VII, by more than ten million dollars above the amount of such indebtedness at the January 16, 1984 -15b- beginning of such calendar year. For the purposes of this paragraph the terms "bonds," other obligations' and "indebtedness" shall not include contractual obligations of the city other than bonds and notes. For purposes of determining the amount of bonds or other obli ions eamptiL-Lng-the-ennttal- ether-eblkgatteno that may be issued in any calendar year without a referendtm an election, there shall not be included (i) bonds or other obligations that were approved at an election and (ii) refunding bonds, in each case issued in such year. Authorized and dnisomed bonds or other obligations which could have been issued without a refevendom an election on December thirty-one in the year they were authorized may be issued in any subsequent year without affecting the annual limitation for such subsequent year. The total indebtedness of the city as determined in accordance with the provisions of Article VII, Section 10 of the Constitution shall not at any time exceed ten per centum of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes, nor shall the limitations imposed by the preceding paragraph on the issuance of bonds or other obligations in any calendar year without a referendum be increased, until after such questions shall have been submitted to the voters of the city in a referendum held pursuant to Section 3.09 of this Charter. 2. A public hearing on the proposed Charter amendments shall be held at 2:00 p.m., on February 6, 1984, pursuant to Section 15.1-835 of the Code of Virginia of 1950, as amended. 3. The City Clerk is hereby authorized and directed to give public notice of such public hearing pursuant to Section 15.1-835 at least ten days prior to sucb hearing. Adopted by the Council of the City of Virginia Beach, Virginia this 16th day of January 1984. JDB/sm 1/4/84 (RES.4) -2- -16- Item II-H CONSENT AGENDA ITEM # 21226 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, in ONE MOTION, CONSENT AGENDA Items 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, except Items 3, 4 and 5 which were voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., 14ayor Louis R. Jones, Robert G. 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: None January 16, 1984 -17- ltem II-H.1 CONSENT AGENDA ITEM # 21227 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, Citv Council ADOPTED a Resolution establishing the JESSE W. AND RUTH E. DREW MEMORIAL and expressing gratitude to the family for their bequest. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henl.ey, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin. III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Co,-,ncil Members Voting Nay: None Council Members Absent: None Jan,.iary 1.6, 19@4 -17a- EMU"ICN Scatetimes in the forest, the tallest trees fall. For every tree there is a brarich that reaches out and plants a seed of life. A drop of rain caught in the leaf-cup of a lilac flashes in the sunlight with a Bplendor that outshines the glistening j@ls of a mnarch; Jesse W. and Ruth E. Drew @re longtim residents of Virginia Beach and frequerrtly expressed their love publicly for our City; they also expressed their hopes for its future. Books and reading fornied a vital segment in their lives as vas evidenced by their avid use of the Public Library. They believed in Socrates' adnmition to "Employ your tim in inproving yourself by other nien's writings so you shall com easily by what others have labored hard for." They believed that next to acquiring good frierids, their best acquisition was that of a good book ... Words touched by a rraster have uriexpected life and soul; and, The Drews found pleasure in the Library, they trarlslated this interest into generous support of the Virginia Beach Public Library with the bequest of their Estate to the City for this purpose. This gift wi.11 result in lasting benefits for all citizens to enjoy a vast collection of books and reading materials that otherwise @ld have been @ssible. NOW BE IT F4=LVED: That the Virginia Beach City @cil publicly express its gratitude to the Drew fanaly and hereby establises the JESSE W. AND MM E. DPZQ MEW)@ to be distributed in accordance with the tertm of the bequest of their est,ate. BE IT @ RESOLVED: That this Resoluticn be franied for presentation to the Drew family and spread upon the minutes of this Formal Session of Virginia Beach City Council this Sixteenth day of January, Nineteen HurKIred Eighty-Fax. Given under my hand and seal, mayor january 16, 1984 -18- Item II-H.2 CONSENT AGENDA ITEM # 21228 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED Resolutions of Appreciation to: MARY DAVENPORT .... Conimunity Development Citizens Advisory Coamittee NORMAN W. MORRIS .... Development Authority RUSSELL RUCKS .... Southeastern Virginia Areawide Model Program Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -18a- RESOLUTION OF APPRECIATION TO nARY DAVENPORT WHEREAS: Mary Davenport has served as a member of the Community Development Citizens Advisory Committee for several years, she has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, her dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to her but frequently to her family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. Her footprints in the sands of time will long reflect the tremendous strides of her service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to MARY DAVENPORT BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixteenth day of January, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor January 16, 1984 -18b- RESOLUTION OF APPRECIATION TO NORMAN W. MORRIS WHEREAS: Norman W. Morris was first appointed a member of the Development Authority on September 1, 1975, he has served willingly and untiringly for eight years in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to NORMAN W. MORRIS BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixteenth day of January, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor January 16, 1984 -18c- RESOLUTION OF APPRECIATION TO RUSSELL RUCKS WHEREAS: Russell Rucks was first appointed a member of the Southeastern Virginia Areawide Model Program on February 28, 1972, he has served willingly and untiringly for eleven years in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to RUSSELL RUCKS BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixteenth day of January, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor January 16, 1984 -19- Item 11-H. 3 CONSENT AGENDA 1TEM # 21229 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain SECTION 35-38 of the CODE of the City of Virginia Be h prtaining to suits in equity to enforce liens for DELINQUENT TAXES; AND, further amended the Ordinance to include the following insertion in paragraph (c), third line, after the word "mailed" and before the word "to": ...... .. by the City Treasurer .. ...... Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennin@.s, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan and J. lienry McCoy, Jr., D.D.S. Council Meinbers Absent: None January 16, 1984 *Verbal aye. -19a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-38 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO SUITS IN EQUITY TO ENFORCE LIENS FOR DELINQUENT TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-38 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 35-38. Suits in equity to enforce liens for delinquent taxes. (a) Pursuant to article 8 of chapter 21 of title 58 (section 58-1117.1 et seq.) of the Code of Virginia, the city attorney may institute and conduct, in the name of the city, all necessary and proper suits in equity for the purpose of enforcing all the liens of the city for real estate taxes on any real estate on which taxes are delinquent and unpaid for a period of three (3) years or more, exclusive of the then current year. (b) The city attorney is hereby authorized to appoint such special assistants to the city attorney as are necessary for the specific purpose of instituting suits for the enforcement of liens of the city for real estate taxes. Such special assistants to the city attorney shall be compensated from the proceeds of the enforcement of the lien. (c) No less than thirty (30) days prior to the initiation of any legal proceedings under this section, notice shall be mailed by the City Treasurer to the record owner of any such real estate at his last known address as listed in the tax records of the city, and to his current address as listed in the telephone directory if it is different from the address listed in the tax records. Adopted by the Council of the City of Virginia Beach, Virginia this 16th day of January 19 84 MES/sm 12/2 3/8 3 (D) January 16, 1984 -20- Item II-H.4 CONSENT AGENDA ITEM # 21230 Speaker: Elizabeth Sills Upon motion by Councilman Jennings, seconded by Councilman Kitchin, City Council ADOPTED an Ordinance to amend and reordain CHAPTER 5 of the CODE of the City of Virginia Beach, -Lrginia relating to animals and fowl by amending SECTION 5-48, SUBSECTION (C), thereto pertaining to tax imposed; AND, further amended the Ordinance to include the following insertion on the first page, paragraph (c), third line from the bottom, after the word "application" and before the word "certification": ...... "an appropriate Veterinarian's .. ..... FURTHER, the City Attorney was directed to forward a letter with the amended Ordinance to the City Treasurer stating the "legislative intent" of City Council. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 16, 1984 Requested By: City Treasurer AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA RELATING TO ANIMALS AND FOWL BY AMENDING SECTION 5-48 SUBSECTION (C) THERETO PERTAINING TO TAX IMPOSED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-48 is amended and reordained hereto as follows: Section 5-48. Tax Imposed. (a) A license tax is hereby imposed on doqs required to be licensed under this article in the following ainounts: (1) For each male dog, unneutered ........... $ 7.00 (2) For each female dog, unspayed ........... 7.00 (3) For each male dog, neutered ........... 2.00 (4) For each female dog, spayed ........... 2.00 (5) Kennel of five (5) to twenty (20) dogs .. 25.00 (6) Kennel of twenty-one (21) or more ....... 35.00 (b) No license tax shall be levied under this section on any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a hearing dog for a deaf or hearing-imparied person. For the purposes of this subsection, a "hearing dog" is a dog trained to alert its owner, by touch, to sounds of danqer and sounds to which the owner should respond. (c) unspayed-deejav Any person who applies for a license tag for a neutered or spayed dog shall present, at the time of application, an appropriate veterinarian's certification suitable to the City Treasurer attesting to the neutering or spaying of the dog. if such certification is not so presented the dog shall be taxed the fee levied on unneutered and unspayed dogs. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of January 1984. (AS AMENDED) JDB/MES/re 0 1/0 4/8 3 0 2/0 2/84 (D) -2- -21- Item 11-H.5 CONSENT AGENDA ITEM # 21231 A motion was made by Councilman Jennings, seconded by Councilman Kitchin, to ADOPT an Ordinance adopting SPEED LIMITS for motor vehicles on highways, streets, and arteries throughout the City of Virginia Beach. A substitute motion was made by Councilman Robert Jones, seconded by Councilman McCoy, to DEFER the above-referenced Ordinance. Due to a negative vote, the substitute motion LOST. Voting: 3-8 (Motion to defer LOST) Council Members Voting Aye: Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, 111, and Meyera E. Oberndorf Council Members Absent: None Voting: 8-3 (Motion to ADOPT) 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, and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Absent: None January 16, 1984 -2la- AN ORDINANCE ADOPTING SPEED LIMITS FOR MOTOR VEHICLES ON HIGHWAYS, STREETS, AND ARTERIES THROUGHOUT THE CITY OF VIRGINIA BEACH WHEREAS, the Commonwealth of Virginia authorizes localities to adopt ordinances regulating the speed limits for motor vehicles within the boundaries of those localities; and WHEREAS, the Traffic Engineering Division of the Department of Public Works has conducted an engineering and traffic investigation of the highways, streets, and arteries throughout the City of Virginia Beach; and WHEREAS, as a result of this engineering and traffic investigation, the Traffic Engineering Division has recommended to City Council that the speed zones applicable to highways, streets, and arteries throughout the City of Virginia Beach be as indicated in the speed zone inventory, dated December 6, 1983, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the speed limits applicable to highways, streets, and arteries throughout the City of Virginia Beach be as indicated in the speed zone inventory, dated December 6, 1983, as amended, a 6opy of which is attached hereto and incorporated herein by reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of January 1984. RJN/cb 12/ 28/83 pw January 16, 1984 -2lb- INTER-OFFICE CORRESPONDENCE PATE: December 6, 1983 TO: R. J. Nutter VEPARTMENT: City Attorney's Office FROM: John W. Herzke DEPARTMENT: Traffic Engineering SUBJECT: Speed Zone Inventory Per your request, please find enclosed a copy of our speed zone inventory which details the speed limits on all of the major or significant road- ways tbz,,.ighout the city. We did not list every subdivison street as all of those are classified at 25 mph. Should you desire further informaticyn or assistance on this matter, please advise. Ho Ei jwh/rg ..enclosure Du@ CITY ATT@ItNcy -21c- SPEED ZONE INVENmRy ADNIRAL DEGRASSE ROAD 2S mph in its entirety. ALICIA DRIVE 3S mph from Baxter Road to Bonney Road. 25 mph from Bonney Road to its dead end. ATLANTIC AVENUE 25 mph from Rudee Inlet to Pacific Avenue. 3S mph from Pacific Avenue to 81st Street. 2S mph from 100 feet north of glst to 93d Street 35 mph from 83d Street to Fort Story. AI)BURN DRIVE 2S mph in its entirety. RACK BAY 1ANDING ROAD 3@h from Princess Anne Road to the dead end. RAKER ROAD 3S mph from Newtown Road to Ward Court. 25 mph from Ward Court to Bayside Road. 3ALTIC AVENUE 30 mph from Laskin Road to Virginia Beach Blvd. 25 mph from Virginia Beach Blvd. to Winston-Sal( BAUM ROAD 45 mph from Crags Causeway to Chesapeake City L@ RAXTER ROAD 4S mph in its entirety. BAYSIDE ROAD 25 mph in its entirety. BELLS ROAD 35 mph from Oceana Blvd. to Birdneck Road. BIRDNECK ROAD 35 mph from Laskin Road to 100 feet south of Be 4S mph from 1001 south of Bells Road to Gen. Bo( 35 mph from Gen. Booth Blvd.@'to Southern Termini BLACKW@TER LOOP 2S mph in its entitety. BLACKWATER ROAD fnoph rfo r:ccars and k s as follows: (1) from Chesapeake City Limits to 4001 soutil o Blackwater Loop's Southern Terminus. (2) Hungarian Road to Indian Creek Road. 4S mph from Indian Creek Road to N.C. State Lin@ 3S inph from 4001 south of the southern end of Yluc-k-water Loop to 77S' south of Pungo Ferry Rd January 16, 1984 -2ld- SPEED ZONE INVEN7'ORY Sheet 2 RIACKWATER ROAD (CONTINUED) 3S mph from 10001 south of Blackwater CTook ri ge to Hungarian Road. 25 mph from 10001 north of Hungarian Road to 7751 south of Pungo Ferry Road. DONNEY ROAD 35 mph from Witchduck Road to Alicia Drive. 35 mph from Independence Blvd. to Rosownt Roa( MJZZARD NECK ROAD 35 mph in its entirety. CAMPBELL'S LANDING ROAD 35 mph in its entirety. CENTERVILLE TURNPIKE 40 mph from 3100 ft. south of Indian River Roa, to Kempsville Road. 30 mph from Indian River Road to 3100' south 0 Indian River Road. 45 mph from Kempsville Road to Chesapeake CitY CHARITY NECK ROAD 35 mpl. rom Muddy Creek Road to Nanney's Creek CLEVELA,ND STREET 25 mph from Euclid Road to Clearfield Avenue. 30 mph from Euclid Road to Kellam Road. SS mph from Kellam Road to independence Blvd. COLECHESTER ROAD 25 mph in its entirety. COLLEGE PARK BOULEVARD 35 mph in its entirety. COLIDIBUS LOOP 35 mph in its entirety. CONSTITUTION DRIVE 25 mph from Independence Blvd. to William Pit, 35 mph from William Pitt Road to Va. Beach B couRTHOUSE DRIVE 25 mph in its entirety. CRAGS CAUSEWAY 45 mph in its entirety. DAHLIA DRIVE 25 mph from Lynnhaven Pkwy. to Independence B 35 mph from Independence Blvd. to Dandelion C 25 mph from Dandelion Cres. to Green Garden C DAJ,i NECK ROAD 4S mph in its entirety. DAWLEY ROAD 35 mph in its entirety. DI,OIOI%D SPRINGS ROAD So mph from Northampton Blvd. to Shore Drive. January 16, 1984 -2le- SPEED ZONE INVENRORY Sheet 3 DRLD4 POINT ROAD 35 mph in its entirety. DWYER ROAD 3S mph in its entirety. EDWIN DRIVE 25 mph in its entirety. ELBOW ROAD 25 mph from the Chesapeake City limits to the castermost intersection of Indian River Road. 35 mph from the easternmost intersection of Indi ver Road to Sales Road. EUCLID ROAD 3S mph from Virginia Beach Blvd. to Independenct FERRELL PARKWAY 40 mph from Indian River Road to Pleasant Valle) FERRY PLANTATION ROAD 40 mph from Witchduck Road to Haygood Road FIRST COLONIAL ROAD 4S mph from Great Neck Road to 5001 North of Wol snare Road 3S mph from SOO' north of Wolfsnare Road to Poti FIRST COTJRT ROAD 3S mph from Pleasure House Road to Shore Drive. FITZ7'OWN ROAD 2S aph from Princess Anne Rd. west to its termii 35 mph from Princess Anne Rd. to Morris Mock Rd FLANNIGANIS LANE 25 mph in it5 entirety. GENERAL BOOTH BLVD. 35 mph from Oceana Blvd. to 17S ft. north of Prosperity Road. SS mph except 4S mph for trucks from 1751 north Prosperity Rd. to 11001 south of Croatan Road. 40 mph from 11001 south of Croatan Rd. to Harbo Point Road. 35 mph from Harbor Point Road to Pacific Avenue GEORGE MASON DRIVE 2S mph in its entirety. GIBBS ROAD 35 mph from Blackwater Road to its terminus at N. C. State line. GLEBE ROAD 2S mph in its entirety. GREAT NECK ROAD 25 mph from Shore Drive to Ocean Shore Avenue. 45 mph from Shore Drive to 2251 north of Rust@ Lane. 3S mph from 22S' north of Rustwood Lgw to Pott -21f- SPEED ZONE INVENTORY Sheet 4 GREEN BLVD. 30 mph from Princess Anne Road to ind@ence GREEWELL ROAD 25 mph in its entirety. #c GREENWICH ROAD 2S mph from Nowtown Road to 7001 west of Busine ar Drive. 35 mph from 7001 west of Business Park Dr. to I east of the Norfolk 6 Southern RR Tracks. 25 mph from 1001 east of the Norfolk & Southern RR @ cks to Witchduck Road. GRINSTEAD LANE 25 mph in its entirety. GL$l BRIDGE ROAD 35 mph from Princess Anne Road to @tuddy Creek HARPERS ROAD 35 mph in its entirety. HARRIS ROAD 35 mph in its entirety. HAYGOOD ROAD 35 mph in its entirety. HEAD RIVER ROAD 25 mph from Blackwater Road to South Head Rivei 35 mph from South Head River Rd. to 50001 west South Head River Road. 25 mph from 50001 wast of South Head River Rd. T200-1 west of South Head River Road. 35 mph from 62001 west of South Head River Rd. esapeake City Limits. SOUTH HEAD RIVER ROAD 25 mph in its entirety. HOLLAND ROAD 45 mph from Independence Blvd. to 32001 north firs-t Settlers Avenue. 35 mph from 32001 north of First Settlers Ave. Princess Anne Road. HORN POINT ROAD 25 mph in its entirety. HUNGARIAN ROAD 45 mph in its entirety. INDEPENDENCE BOULEVARD 45 mph from Shore Drive to 4251 north of Witch 35 mph from 4251 north of Witchduck Road to Va Beach Blvd. 45 mph from Virginia Beach Blvd. to 67S' south Nes it Drive. January 16, 1984 -21g- SPEED ZONE INVENTORY Sheet 5 INDEPENDENCE BOTJLEVARD (CONTINUED) 35 mph from 67S' south of Nesbit Drive to Lynn) Parkway. I i INDIAN RIVER ROAD 40 mph from Chesapeake City limits to 3501 cas, Centerville Turnpike. 45 mph from 3501 east of Centerville Turnpike 4501 west of the west intersection of Elbow Ro; 25 mph from 450' west of'the west intersection Elbow Road to 11SO' east of the east intersect of Elbow Road. 45 mph from 1150' east of the east intersectio of Elbow Road to 12001 west of Princess Anne R 35 mph from 12001 west of Princess Anne Road t 2501 east of Princess Anne Road. 45 mph from 2501 east of Princess Anne Road to New !ridge Road. 35 mph from New Bridge Road to @luddy Creek Roa INDIAN CREEK ROAD 45 mph in its entirety. INDIAN LAKES BOULEVARD 35 mph in its entirety. INTERNATIC)NAL PARKWAY 35 mph in its entirety. IVES ROAD 25 mph in its entirety. JAMES MADISON BOULEVARD 25 mph in its entirety. JARVIS ROAD 3S mph in its entirety. KEMPSVILLE ROAD 35 mph from Princess Anne Road to Providence t 40 mph from Providence Road to Indian River R( 3S mph from Indian River Road to Brandon Blvd 4S mph from Brandon Blvd. to the Chesapeake C KINGS GRANT ROAD 35 mph from Va. Beach Blvd. to N. Lynnhaven R( 25 mph all other sections. kNoTrS ISLAND ROAD 25 mph in its entirety. LAND OF PROMISE ROAD 45 mph in its entirety. January 16, 1984 -21h- SPEED ZONE IWENTORY Sheet 6 LANDS70NN ROAD 4S mph from Holland RO&4 to 5300' south of Princt Anne Road. 35 mph from S3001 south of Princess Anne Road to Salem Road. LASKIN ROAD 3S mph from 7001 east of,Great Neck Road to Grea Neck Road. 45 mph fiom 7001 east of Great Neck Road to 6001 west of Baltic Ave. 25 mph from 6001 west of Baltic Avenue to Pacifi LEROY DRIVE 2S mph in its entirety. LITTLE NECK ROAD 35 mph in its entirety. LONDON BRIDGE ROAD 35 mph from Potters Road to 10001 north of Bowla Parkway. 45 mph from 3001 south of Rowiand Pkwy.to 10001 north of Bowland Pkwy. 55 mph fo;owcar!.and 45 mph for trucks from 3001 s..Ih Cf Ind Parkway to 1FOO, north of Shipr corner. 45 mph from 10001 north of Shipps Corner Road tc Oceana Blvd. LOTUS DRIVE 35 uph in its entirety. LYNNHAVEN PARKWAY 3S mph from Va. Beach Bivd. to 4501 north of Vi@ing' Drive. 45 mph from 4SO, north of Viking Drive to 4751 of Riverbend Road 35 mph from 4751 south of Riverbend to 250' Sou 3f Ski Lodge Road 45 mph from 2501 south of Ski Lodge Road to Pri Anne Road. 25 mph from Indian River Road to Stewart Drive. @LkLBON ROAD 35 mph in its entirety. MATTAPONI ROAD 25 mph in its entirety. @IILITARY HIGHWAY SO mph in its entirety. MILLDAM ROAI) 35 mph in its entirety. January 16, 1984 -2li- SPEED ZONE INVENTORY Sheet 7 MILL LANDING ROAD 3S mph from Princess Ale Road to Stowe Road. 2S mph from Stowe Road to its eastern torainus. MDRRIS NECK ROAD 3S mph in its entirety. NUDDY CREEK ROAD 3S mph An its entirety. MUNDEN POINT ROAD 35 mph in its entiretyl' WMDEN ROAD 30 mph in its entirety.. NANNEYS CRFEK ROAD 3S mph in its entirety. NEW BRIDGE ROAD 3S mph in its entirety. NEWrOWN ROAD 35 mph in its entiretyi, NORFOLK AVENUE 30 inph in its entirety. NORMMIPTON BOULEVARD 45 mph from Norfolk City limits to Diamond Sprin Road. SS mph from Diamond Springs Road to the Chesapea Tay-Bridge Tunnel. NORTH LANDING ROAD 25 mph from Princess Anne Road to 3001 west of eo@rge 14ason Drive. 35 mph from 3001 west of George Mason Drive to 42001 west of West Neck Road. SS for cars and fr- 42001 we! oWest Neck Ro.!'tmophChefro,:p:taukce'sLity LIM!TS. NORTH LYNNHAVEN ROAD 3S mph from Lynnhaven Parkway to Virginia Beach 25 mph from Virginia Beach Blvd. to Kings Grand 3S mph from Kings Grant Road to Little Neck Roa, OCEANA BOULEVARD 35 mph from Princess Anne Road to 6001 south of Lon on Bridge Road. 4S @h from 6001 south of London Bridge Road to 2SO@south of Old Dam Neck Road. 3S mph from 2501 south of Old Dam Neck Road to 1501 north of Prosperity Road. January 16, 1984 -21j- SPEED ZM INVENTORY Sheet 8 OCEANA BOULEVARD (CONTINUED) 4S mph from 1501 north of Prosperity Road to 34001 north of Harper's Road. 50 uph for cars and 4S mph for trucks from 34001 north of Harper's Road to 200 out of Southern Boulevard. 30 mph from 2001 south of Southern Blvd. to Virginia Beach Blvd. 25 mph from Virginia Beach Blvd. to Old Virginia Beac Blvd. OLD CAROLINA ROAD 4S mph in its entirety. OLD DA)II NECK ROAD 35 mph from Oceana Blvd. to Dwyer Road. 2S mph from Dwyer Road to the Southern terminus. OLD DONATION PARKWAY 45 mph in its entirety. PACIFIC "ENUE 3S mph in its entirety. PAINTERS LANE 25 mph in its entirety. PARLIAMM DRIVE 3S mph in its entirety. PEFLEY LANE 2S mph in its entirety. PEMBROKE BOULEVARD 3S mph from Witchduck Road to Independence Blvd. 2S mph from Independence Blvd. to its eastern Term-inus. PLAZA TRAIL 35 mph from Independence Blvd. to Holland Road. 2S mph from Holland Road to Virginia Beach Blvd PLEASANT RIDGE ROAD 4S inph in its entirety. PLEASURE HOIJSE ROAD 3S mph in its entirety. POCAHONTAS CLUB ROAD 3S mph in its entirety. POrrERS ROAD 3S mph from Lynnhaven Parkway to 42001 west of Station Road. 45 mph from 42001 west of Air Station Road to 3 west of First Colonial Road. 35 mph from 3501 west of First Colonial Road to First Colonial Road. January 16, 1984 -21k- SPEED ZONE INVENTORY Sheet 9 PRINCESS ANNE ROAD 35 mph f-rom Norfolk City LiNits to loot cast of Kemp;hire Lane. 4S mph from 1001 east of Kempshi" Lane to ISO, iast-of Edwin Drive. 35 nph from 1501 east of Edwin Drive to Corner R, 45 mph from Corner Road to Landstown Road. 'S h for rs and 45 mph for trucks from - 7 :: 4 Land,to. R d to 28001 north o Gle o Road 4S mph from 28001 north of Globe Road to 16001 north of Glebe Road. 35 mph from 16001 north of Glebe Road to lool north of Glebe Road. 25 mph from 1001 north of Glebe Road to 3501 east of Holland Road. 45 mph from 3501 east of Holland Road to 10001 west of Oceana Blvd. 35 mph from 10001 west of Oceana Blvd. to 8001 Tast-of Oceana Blvd. 4S mph from 8001 east of Oceana Blvd. to 11SO' south of Seaboard Road. 3S mph from 11501 south of Seaboard Road to 1200 south of Indian River Road. 45 mph from 12001 south of Indian River Road to 5001 south of West Neck Road. SS mph for cars and 45 mph for trucks from 5001 south of West Neck Road to 10001 nort of N. Stowe Road. 35 mph from 10001 north of N. Stowe to 19SO' sot Tf M-ill Landing Road. ::u7p h r ru rom 5 h@o:o,r c -d 5 cks f 19 o, .,i,Trs Roa Landin: f: 11001 north of Buzzard Neck Road. @h from 11001 north of Buzzard Neck Road to 7501 north of Nlorris Neck Road. 25 mph from 7501 north of Morris Neck Road to 9001 south of Morris Neck Road. January 16, 1984 -2 1 1 SPEED ZONE INVENTORY Sheet 10 PRINCESS ANNE ROAD (CONTINUED) SS Wh cars and 45 mph for trucks from 9001 south o@ Morris Neck Road to the N.@. State Lil PROSPERITY ROAD 35 mph from Birdneck Road to General Booth Blvd 25 mph from Oceana Blvd. to General Booth Blvd. PROVIDENCE ROAD 3S mph from Princ.ess Anne Road to Keopsville Ro; 4S mph from Kempsville Road to Indian River Roa, 40 mph from Indian River Road to Military Highw 3S mph from @tilitary Highway to Chesapeake City PUBLIC LANDING ROAD 35 mph in its entirety. PUNGO FERRY ROAD 45 mph from Princess Anne Road to 4001 west of Street. 2S mph from 4001 west of Carmel St. west for 19 45 japh from 23001 west of Carmel St. to Blackwa ROBINSON ROAD 25 mph in its entirety. ROSEMONT ROAD 35 mph from Virginia Beach Blvd. to Holland Roa 25 mph from Holland Road to L)rnnhaven Parkway. SALEM ROAD 40 mph from Princess Anne Road to 9001 south of Zodi@c Lane. 35 mph from 9001 south of Zodiac Lane to Elbow 40 mph from Elbow Rd. to N. Landing Road. SALMONS ROAD 35 mph in its entirety. SANDBRIDGE ROAD 45 mph from Princess Anne Road to Atwoodtown Rc 35 mph from Atwoodtown Road to 4601 west of nks Lane. 4S mph from 4601 west of Banks Lane to 400' we! of Sandpiper Road. 2S inph from 4001 west of Sandpiper Road to Tan-dFiddler Road. SANDFIDDLER ROAD 2S mph in its entirety. January 16, 1984 -21 SPEED ZONE INVENTORY Sheet 11 SANDPIPER ROAD 3S mph from Sandbridge Road south to its torminu 2S mph from Sandb-ridge Road north. SEABOARD ROAD 25 mph from Princess Anne Road north to its terv 35 mph from Princess Anne Road (near L*Roy Drive sout to 43001 south of LeRoy Drive. 4S mph from 4300' south of LeRoy Drive south to the southern intersection with Princess Anne RoE SHIPPS CABIN ROAD 3S mph in its entirety. SiilPPS CORNER ROAD 4S mph in its entirety. SHORE DRIVE SO mph from Norfolk City limits to 12SO' west o@ the main entrance to Seashore State Park. 55 mph from 12501 west of the main entrance to Seashore State Park to 12001 west of 83d Street SOUTH BO(JLEVARD 25 mph from 2001 west of Expressway Lane to Independence Boulevard. 3S mph from 2001 west of Expressway Lane to 150 west of Nest Colonial Parkway. 25 mph from 1SO' west of West Colonial Parkway Palace Green boulevard. SOUTHERN BOULE VARD 2S mph from Princess Anne Road east to its lerm-inus east of the F.O.P. Club. 30 mph from Witchduck Road to Euclid Road. 30 mph from First Colonial Road to Oceana Blvd. 2S mph all other sections of this street. SOtJ71i LYNNHAVEN ROAD 3S mph in Its entirety. SMWE ROAD 25 mph in its entirety. STUA,RT ROAD 25 mph in its entirety. THURSTON AVENUE 25 mph in its entirety. VAUGHAN ROAD 2S mph in its entirety. January 16, 1984 -21 n- SPEED ZONE IWENT'ORY ::Sheet 12 VIRGINIA BEACH BOULEVARD 45 mph from Norfolk City Limits to London Bridge Creek. 4 3S mph from London Bridge Creek to 7001 east of Great Neck Road. 4S mph from 7001 east of Great Neck Road to Air. Station Road. 3S mph from Air Station Rpad to Oceana Boulevard 40 mph from Oceana Boulevard to Birdneck Road. 3S mph from Birdneck Road to 2001 east of Parks 2S mph from 2001 east of Parks Ave. to Pacific A WESLEYAN DRIVE 35 mph in its entirety. WEST LANDING ROAD 2S mph in its entirety. WEST NECK ROAD 40 mph in its entirety. WHITEHURST LANDING ROAD 35 mph from Kempsville Road to 1001 north of Hick;rson Drive. 25 ml% from 1001 nortli of Hickerson Drive to its northern terminus. WITCHDUCK ROAD 35 mph from Princess Anne Road to Independence B 25 mph from Independence Blvd. to its northern terminus. WOLFSNARE ROAD 35 mph from First Colonial Road to Great Neck Ro 17TH STREET 25 mph in its entirety. 19ni STREET 35 inph from Birdneck Road tocypress Avenue. 25 mph from C),Pyess Avenue to Atlantic Avenue 21ST STREET 3S mph from Parks Avenue to Baltic Avenue. 2S mph from Baltic Avenue to Atlantic Avenue. 22ND STREET 2S mph from Atlantic Avenue to Baltic Avenue. 35 mph from Baltic Avenue to Parks Avenue. 31ST STREET 2S mph in its entirety. 83RD STREET 25 mph in its entirety. ALL 0711ER STREETS ARE 25 @IPI] January 16, 1984 -22- Item II-H.6 CONSENT AGENDA ITEM # 21232 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, appropriating funds of $11,900 to the POLICE DEPARTMENT for building alterations and equipment (Public Safety Building). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -22a- AN ORDINANCE TO APPROPRIATE FUNDS OF $11,900 TO THE POLICE DEPARTMENT FOR BUILDING ALTERATIONS AND EQUIPMENT WHEREAS, the Police Department indicates that the present design of the reception area of the Public Safety Building is inadequate for proper security and admittance, and WHEREAS, it is the desire of the Police Department to structurally modify the reception area and also provide office space for the Special Investigations Unit at a total cost of $8,000, and WHEREAS, in addition, the Police Department is in need of additional communications equipment for surveillance operations and a hostage phone system for handling hostage and barricaded criminal situations at a total cost of $3,900, and WHEREAS, the Police Department desires to utilize a local contribution of $11,900 from a private citizen for these various purposes, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $11,900 are hereby appropriated to the Police Department for building alterations to the Public Safety Building and for additional communications equipment needed in surveillance operations and hostage situations and that local revenues be increased by $11,900 to finance the appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day of January 19-84 PUBLIC HEARING: January 9, 1984 FIRST HEARING:- January 9, 1984 SECOND HEARING: January 16, 1984 tT -23- Item II-H. 7 CONSENT AGENDA ITEM # 21233 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, accepting and appropriating grants totaling $37,345 from the VIRGINIA DIVISION OF MOTOR VEHICLES. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -23a- AN ORDINANCE TO AOCEPT GRANTS TOTALING $37,345 FROM TBE VIRGINIA DIVISION OF WMR VEHICLES AND TO APPROPPJAT'E THESE FUNDS WHEREAS, City Council is interested in inprovirig traffic safety and reducing traffic accidents within the City of Virgi-nia Beach; and wHEREAS, grants totaling $37,345 from the Virginia Division of Motor Vehicles are available for these purposes; and , no local funds are required. NOW, @RE, BE IT O@ BY THE CITY MMIL OF THE CITY OF VIPZINIA BEACH that funds fr(xn the above grants be accepted and $37,345 be appropriated to carry out the progrmb as follows: Police Department 1. Computer Au@ted Traffic Summons System $25,000 2. Field Breath Analysis Units 10,500 Public Works, Traffic Engineering Division 1. Traffic Engineering Training -1,845 Total Appropriations $37,345 BE IT FURTHER ORDA= that estinoted revenues frcm the federal goverrmient be increased by $37,345 to finance the appropriation. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach on the -16th day of January , nn. 1984 PURLIC HEARING: January 9, 1984 FIRST READING: January 9, 1984 SECCND READING: January 16, 1984 January 16, 1984 -24- ltem II-H.8 CONSENT AGENDA ITEM # 21234 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, to decrease tbe COMMUNITY DIVERSION PROGRAM'S appropriations and revenues by $7,050. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -24a- AN ORDINANCE TO DE)CRFASE 'nfE COMKINITY DIVERSION P@ APPROPRIATIONS AND REVENLJES By $7,050 WHEREAS, the City Council approved qrants in the amunt of $166,800 for the C@ity Diversion Proqram (CDI) in the 1983-84 Fiscal Year, and WHEREAS, the Departmnt of Corrections has reduced the grant award by $7,050 frcfn $166,800 to $159,750, and NOW, @RE, BE IT OFDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That FY 83-84 C@ity Diversion Programs appropriations and revenues are hereby reduced in the amc)unt of $7,050. FIRST FEADING: January 9, 1984 SEOC)ND READING: January 16, 1984 Adopted by the Council of the City of Virgi-nia Beach on the 16th day of January 1984. January 16, 1984 -25- Item 11-H.9 CONSENT AGENDA ITEM # 21235 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, on FIRST READING, an Ordinance appropriating $6,040,068 for various Engineering and Highways, and Building Projects (REVENUE SHARING ALLOCATION). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -25a- AN ORDINANCE APPROPRIATING SIX MILLION FORTY 'RHOUSAND SIXTY-EIGHT DOLLARS ($6,040,068) FOR VARIOUS ENGINEERING AND HIGHWAYS, AND BUILDING PROJECTS (REVENUE SHARING ALLOCATION) WHEREAS, City Council desires to provide needed engineering, highway and building projects for the citizens of Virginia Beach, and WHEREAS, it is anticipated that the City will receive from Federal Revenue Sharing $6,040,068 in the f if teenth entitlement period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINA BEACH: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the period October 1, 1983 through September 30, 1984 be appropriated for the purposes as indicated below: Engineering and Highway $ 5,818,400 Buildings 21,668 Total $ 6 040 068 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1984. FIRST READING: Januarv 16, 1984 SECOND READING: KAR/2 ORD2 -26- Item 11-H.10 CONSENT AGENDA ITEM # 21236 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer CAPITAL PROJECT FUNDS of $844,167 to Project 5-304 SMALL LINE IMPROVEMENTS for repairs and additions to existing water mains. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 16, 1984 -26a- AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $844,167 TO PROJEC'R #5-304 SMALL LINE IMPROVEMENTS FOR REPAIRS AND ADDITIONS TO EXISTING WATER MAINS WHEREAS, the Proposed FY 1984 - 1988 Capital Improvement Program inclu- des project #5-304 Small Line Improvements for repairs and additions to existing water mains, and WHEREAS, Council recently awarded two bids for construction to improve water flow and pressure in the Beach Borough from Norfolk Avenue to 23rd Street and from 42nd Street to 49th Street which is included in the scope of project #5-304, and WHEREAS, additional funds of $844,167 are needed to cover construction costs, and WHEP,EAS, excess funds exist in project #5-907 North Virginia Beach Area Mains from 50th Street to 89th Street, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $844,167 be transferred from project #5-907 North Virginia Beach Area Mains to project #5-304 Small Line Improvements in the 1980 Water and Sewer Referendum Fund to provide sufficient funds for repairs and additions to existing mains. Adopted by tlie Council of the City of Virginia Beach on the 16t-h day of Januarv 1984 - L-1-ORD2 January 16, 1984 -2 7- Item II-H.11 CONSENT AGENDA ITEM # 21237 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance appointing Viewers in the petition of DONALD W. AND SELENA STARBUCK AND RICHARDSON C. AND LINDA B. BELL for the closure of a portion of Lauderdale Avenue (Bayside Borough). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -27a- ORDINANCE APPOINTING VIEWERS WHEREAS, Donald W. Starbuck and Selena Starbuck, husband and wife and Richardson C. Bell and Linda B. Bell, husband and wife, have given due and proper notice in accordance With the Statutes for such cases made and provided, that they wiu on the 16th day of January, 1984, at 2:00 o'clock p.m., 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 discontinuing and closing of the hereinafter described undeveloped street and have filed application with said Council. NOW, THEREFORE, be it ORDAINED by the City Council of the City of Vlrginia Beach, VirgiTlia that David M. Grochmal I Robert J. Scott and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council on or before 1984, whether In their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of a portion of that certaln unimproved street, 50 feet wide, known as Lauderdale Avenue, located in the Bayside Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: MT.L@.SIEGM A portion of that certain undeveloped street situate @ER&C@HAW 'OMEYS@TLAW in Virginia Beach, Virginia, known as "Lauderdale CA MACH, V@ @2 Avenue (50 feet) (formerly known as Lake Avenue), commencing at a point 116.8 feet east of the northeast intersection of Morton's Road and Lauderdale Avenue where the western boundry of Lot 35, Block 12, intersects, thence proceeding S -1- January 16, 1984 -27b- 58023'00" E a distance of 275.00 feet to the intere- section of the easterly line of Lot 25, Block 12; thence turning S 31032'50" W a distance of 50.00 feet to the southern property line of Lauderdale Avenue; thence turrdng N 58*23100" W and running a distance of 275.00 feet; then turning N 31@3215011 E a distance of 50.00 feet to the said point of beginning. Said parcel containing 0.3156 acres and more fully described by reference to the plat entitled "Plat Showing Portion of Lauderdale Avenue to be Vacated, Discontinued and Closed, situated between Block 9, Amended Map of Chesapeake Shores (MB 8, p 82) and Block 12, Map of Chesapeake Park (MB 4, p 47), Bayside Borough - Virginia Beach, Virginia, Scale: 111 = 501, October 21, 1983. Rouse-Sirine Associates, Ltd., Land Surveyors, Virginia Beach, Virginia. 11.5.1.C EW. L F 3CHER@C STE&@ rO@S AT LAW IRA REACH, V@ -2- January 16, 1984 -28- Item II-H.12 CONSENT AGENDA ITEM # 21238 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance appointing Viewers in the petition of RICHARDSON C. AND LINDA B. BELL for the closure of a portion of Garrison Avenue (Bayside Borough). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -28a- ORDINANCE APPOINTING VIEWERS WHEREAS, Richardson C. Bell and Linda B. Bell, husband and wife, have given due and proper notice in accordance with the statutes for such cases made and provided, that they will on the 16th day of January, 1984, at 2:00 o'clock p.m., 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, incon- venience woiad result from the discontinuing and closing of the hereinafter described undeveloped street and have filed application with said Council. NOW, THEREFORE, be it ORDAINED by the City Council of the City of Virginia Beach, Virginia that David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council on or before 1984, whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of a portion of that certain unimproved street, 50 feet wide, known as Garrison Avenue, located in the Bayside Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: A portion of that certain undeveloped street situate in Virginia Beach, Virginia, known as Garrison Avenue (50 feet), commencing at a point at the northwest intersection of Ocean View Avenue and Garrison Avenue where the northeast boundry of Lot 20, Block 16 of the plat of Chesapeake Park interesects; thence pro- ceeding S 55042133" E a distance of 49.39 feet to a point being the northwest interesection of Garrison Avenue, Ocean View Avenue and the northwest corner of January 16, 1984 -28b- Lot 1, Block 15 of ihe Plat of Chesapeake Park; thence proceeding S 21"57112" W a distance of 149.98 feet to the southwest corner of Lot 37, Block 15 and the intersection of Garrison Avenue and Laudordaie Avenue; thence proceeding S 7000814011 W a dista@nce of 66-46 feet; thence turning and running N 22018146" E a distance of 204.84 feet to the point of beginning. Said parcel containing 0.1988 acres and more fully described by reference to the plat entitled "Plat Showing a Portion of Garrison Avenue to be Vacated, Discontinued and Closed Adjacent to Blocks 15 & 16, Chesapeake Park (MB 4. P 47), Bayside Borough - Virginia Beach, Virginia, Scale: I" = 501, October 25. 1983, Rouse-Sirine Associates, Ltd., Land Surveyors. Virginia Beach, Virginia. 11.8.16.C -2- January 16, 1984 -29- Item II-H.13 CONSENT AGENDA ITEM # 21239 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing and directing the City Manager to execute a Lease Agreement with the Trustees of the ROCK CHURCH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -29a- AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE TRUSTEES OF THE ROCK CHURCH WHEREAS, the Trustees of Rock Church agree to lease an area owned by the City of Virginia Beach for the purpose of using same as a parking lot; and WHEREAS, this is a renewal of a previous lease that has expired; and WHEREAS, the Trustees of Rock Church request to renew thelease for an initial term of five (5) years, to be extended on a one (1) year basis from thereon. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager ofthe City of Virginia Beach is hereby authorized and directed to execute the lease agree- ment between the City of Virginia Beach and tha Trustees of the Rock Church. ADOPTED by the Council of the City of Virgi.nia Beach on the 16th day of January 1984. JDB:er 1/11/84 January 16, 1984 -30- Item II-H.14 CONSENT AGENDA ITEM # 21240 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED Bingo Permits for: RESIDENTS' ASSOCIATION OF WESTMINISTER CANTERBURY OF HAMPTON ROADS, 1NC. SANDBRIDGE FIRE BRIGADE, INC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. 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: None January 16, 1984 - 31- Item II-H.15 CONSENT AGENDA ITEM # 21241 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED a Certificate of Public Convenience and Necessity for one for-hire vehicle for D. W. BELL, INC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 16, 1984 -32- Item II-I.1 PLANNING ITEM # 21242 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for 30 days to February 20, 1984, FINAL APPROVAL of an Ordinance upon application of TH014AS G. AND IRMA C. HARTY AND THOMAS M. AND RITA K. VOJTEC for a street closure per the following. Council approved this request on April 4, 1983. The matter was deferred for 30 days on October 10, 1983 and on November 14, 1983. ORDINANCE UPON APPLICATION OF THOMAS G. AND IRMA C. HARTY AND THOMAS M. AND RITA K. VOJTEK Ordinance upon application of Thomas G. and Irma C. Harty and Thomas M. and Rita K. Vojtek for the dis- continuance, closure and abandonment of a portion of Lynn Shores Drive and Rumford Lane, running a distance of 161.34 feet along the west side of Lynn Shores Drive, running a distance of 35 feet more or less along the southern property line, running a distance of 208 feet more or less along the western property line and running a distance of 20.87 feet more or less along the south side of Rumford Lane. Said parcel contains 6,093 square feet. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 16, 1984 -33- Item II-I.2 PLANNING ITEM # 21243 Attorney Richard Guy represented the applicant. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council authorized FINAL APPROVAL of an Ordinance closing, vacating and discontinuing portions of Pennsylvania Avenue, Maryland Avenue, Virginia Avenue,West Virginia Avenue, and First Street in the petition of OXFORD DEVELOPMENT ENTERPRISES, INC., subject to conditions outlined below (as contained in the City Manager's letter of January 16, 1984 and the City Attorney's letter of January 16, 1984, both of which are hereby made a part of the record). ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT ENTERPRISES, INC. FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF THE FOLLOWING STREETS: Pennsylvania Avenue: On the south side of Bonney Road bounded on the east by Lots 8-20, Block 5, and Lots 1-12, Block 8, and bounded on the west by Lots 1 and 8-19, Block 6, and Lots 1-12, Block 7, Plat of Midway. Maryland Avenue: On the south side of Bonney Road bounded on the east by Lots 8-20, Block 4, and Lots 1-17, Block 9, and on the west by Lots 1 and 21-32, Block 5, and Lots 18-34, Block 8, Plat of Midway. Virginia Avenue: On the south side of Bonney Road bounded on the east by Lots 8-20, Block 3, and Lots 1-17, Block 10, and on the west by Lots 1 and 21-32, Block 4, and Lots 18-34, Block 9, Plat of Midway. West Virginia Avenue: On the south side of Bonney Road bounded on the east by Lots 8-20, Block 2, and Lots 13-17, Block 11, and on the west by Lots 1 and 21-32, Block 3, and Lots 18-22, Block 10, Plat of Midway. First Street: Bounded on the north by Lots 20-21, Block 3, Lots 20-21, Block 4,; Lots 20-21, Block 5; and, Lot 19, Block 6, and on the south by Lot 1, Block 7; Lots 1 and 34, Block 8; Lots I and 34, Block 9; and, Lots I and 34, Block 10, Plat of Midway. Said streets are 50 feet in width and contain 5 acres more or less. KEMPSVILLE BOROUGH. These closures were approved subject to the following conditions: 1. All interior lot lines be vacated in order to assure that no lots lack frontage on a dedicated public street. 2. The closure of this right-of-way shall be contingent upon compliance with all conditions within 180 days of approval by City Council. 3. Proof of ownership of all properties affected by these closures is re4uired (required previously as a condition of the street closures granted on December 13, 1976). 4. An easement is required over an existing eight-inch water line located in Maryland Avenue. January 16, 1984 -34- Item II-I.2 PLANNING ITEM # 21243 (continued) Conditions (continued): 5. Final approval is subject to the applicant submitting a Bond acceptable to the City in form and amount, covering the cost of improvements, to Seconi Street in accordance with City standards. 6. The Ordinance closing the street is to be effective i.nuary 16, 1984. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach on the Sixteenth day of January, Nineteen Hundred and Eighty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 16, 1984 -35- Item II-I.3 PLANNING ITEM # 21244 Attorney Robert Cromwell represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of MELVIN L. PHELPS, FRANCTS L. CAMPBELL, AND JOSEPH CARL TTJRNER, TRUSTEES for BIBLE BAPTIST CHURCH, for a Conditional Use Permit for a church per the following; ORDINANCE UPON APPLICATION OF MELVIN L. PHELPS, FRANCIS L. CAMPBELL AND JOSEPH CARL TURNER, TRUSTEES FOR BIBLE BAPTIST CHURCH, FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0184600 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Melvin L. Phelps, Francis L. Campbell and Joseph Carl Turner, Trustees for Bible Baptist Church, for a Conditional Use Permit for a church on certain property located on the south side of Salem Road beginning at a point 1000 feet more or less west of Highland Drive, running a distance of 69.76 feet along the south side of Salem Road, running a distance of 373.50 feet in a southwesterly direction, running a distance of 311.47 feet in a northwesterly direction, running a distance of 360 feet in a southwesterly direction, running a distance of 155 feet in a southeasterly direction, running a distance of 600 feet in an easterly direction and running a distance of 376 feet in a northeasterly direction. Said parcel contains 4 acres. KEMPSVILLE BOROUGH. As a condition of the Conditional Use Permit, the following was required: 1. A 30-foot dedication along the frontage on Salem Road, 45 feet from the centerline of the old 30-foot right- of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach on the Sixteenth day of January, Nineteen Hundred and Eighty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 16, 1984 -36- Item II-1.4 PLANNlNG ITEM # 21245 Attorney Grover Wright represented the applicant. Bill Hendricks, representing Larkspur Civic League, spoke in favor of the application. Councilman McCoy called Council's attention to a letter addressed to Mr. R. G. Moore from David R. Winiker, President, Larkspur Civic League, Ltd. dated January 13, 1984, which is hereby made a part of the proceedings. Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of Zoning, per the following, with the conditions stated in Mr. Winiker's letter (referenced above and made a part of the proceedings), and the exception of the second condition which was deleted. ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM 0-1 TO R-5 Z0184803 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from 0-1 Office District to R-5 Residential District on certain property located 250 feet more or less south of Baxter Road beginning at a point 450 feet more or less east of Princess Anne Road, running a distance of 777.98 feet along the northern property line, running a distance of 166.93 feet along the eastern property line, running a distance of 789.88 feet along the southern property line and running a distance of 162.85 feet along the western property line. Said parcel contains 2.965 acres. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO PD-H2 Z0184804 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-5 Residential District to PD-H2 Planned Unit Development District on certain property located on the east side of Princess Anne Road beginning at a point 600 feet more or less south of Baxter Road, running a distance of 1334.75 feet along the east side of Princess Anne Road, running a distance of 3747.29 feet along the southern property line, running a distance of 2455.30 feet along the eastern property line, running a distance of 1620.48 feet along the south side of Baxter Road, running a distance of 956.37 feet in a southeasterly direction, running a distance of 1405.19 feet in a westerly direction, running a distance of 437 feet in a southerly direction and running a distance of 304.70 feet in a southwesterly direction. Said parcel contains 155.098 acres. KEMPSVILLE BOROUGH. A N D, January 16, 1984 -37- Item II-I.4 PLANNING ITEM # 21245 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO P-1 Z0184805 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-5 Residential District to P-1 Preservation District on property located on the east side of Princess Anne Road, 600 feet south of Baxter Road, as shown on plats on file in the Department of Planning. Said parcel contains 113.4 acres. KEMPSVILLE BOROUGH. The following conditions were required: 1. The P-1 zoned acreage to remain a golf course. 3. No streets to be cut through from the golf course development to Larkspur. 4. No fencing to be erected on golf course property between the golf course and Larkspur. 5. Substitution of one or two 2-story townhouses in lieu of the 4-story condominium between the third and fourth fairways. 6. Relocation of at least two 2-story townhouses on the north side of the second fairway in order to preserve a particularly scenic grove of trees. 7. Construction of golf cart paths throughout the entire course. 8. Tree conservation to the maximum extent possible. 9. owners may not, either singly or in concert, petition the City for rezoning of the golf course. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach on the Sixteenth day of January, Nineteen Hundred and Eishty-Four. Voting: 10-1 Council Members Voting Aye: John A. Bauin, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Eenley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Meinbers Absent: None -37a- L A R K S P U R c I v I c L E A G U E L T D @l E AS E - DO.E SS @o 508 Edwin Drive, Virginia Beach, VA 23462 Jaii.ary 13, 1984 Mr. R. G. @loore, President R. G. @loore Building Corporation 4480 Holland Road Virginia Beach, VA 23452 Dear @ir. @icore; It is tlie intention of the I-.-4rkspur Civic Leag,@e to support y,,ur to rezone the Kenipsville COlf zind Cuuntry Club to PDH-2 becziuse of ,our to the foil,,wing req,ic,lts ll);3,le by tlie Civic LLague: - The P-1 zozied acre@ige to remain a golf cotirse. - Ttle golf course membersliip to retain its sc!mi-private status. - No @treets to be cut fr.i3@ tlie ,;,,lf co@ir.@e dcv(,I(,i@;.,'i)t tc L:irl,@,ptir. - No f,@ii(,ing to I,,@ @i,ct,,d @,,i @,,,lf proi,ee LV 11@@t t l@,- i@o If CO ki@ - )f (Ir LWC) t )iv tli(, t or%, , c,@icle h@t , @n tlie 3i d 'Itli I I - aL I t )I@v t oii t l@,@ i,, @r t Ii @@i l I t ii,- -'[,i - rkl,.t i "Ti (,f I t t i@:lt l@, I l@r(l@ll 11,11, t I ii. i I - Ti rv:@ti(,ri t o t i@,. L C) II P:I,- L (1@ @l,'L 1), f a;)C! (111!1,'T I S t ]-ii t 0 @@ I I'Lir f,,r L11" Altl,nugli it @;is no t d i S C Ll @ SLd 1111 r i f),,; otir iii, c, t 1 ii,@ ""(3 1, i t i s Liiit .oLi c(,nsid(@r a t') 1 i, I I,, ,,t @ect ti iit t tie ii@ers f@ian, not tl,er si:,@ I l@ 1, j,, i',,) (:i t\' f,@r gc) If c otir se rezotiitig . I t i s our L@,i@] 'l @@t @ind i rig t 1,@@t f,@r ii c, %, i 7 i, L I,,, l,o.nd bv l @ c i s i ciis o f t 1, c p r t C,,)u 1, ( i I , t t@, - I , f ) I , i :i t t (' ;i-,I@ i t) i@ddr@,,,.; tlic- i(,Il of 1,0, @l f@,t,@l . I zciii:ig I , t c, ;, 1 1 t r tI,, ""l, :il,@.1t c)f tlie 8olf (,c,ur6L@ I)E.- ],,,!(@d. A ccp)- of tliis i,ttrur f,as ,.It Lcl r, of L11" CitN L L -38- Item TI-I.4.d PLANNING ITEM # 21246 Attorney Grover Wright represented the applicant. Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council DEFERRED for one week to January 23, 1984, an Ordinance upon application of R. G. MOORE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING FROM R-5 TO A-1 Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment U17strict on certain property located on the east side of Indian River Road beginning at a point 2700 feet more or less south of Lynnhaven Parkway, running a distance of 306.12 feet along the east side of Indian River Road, running a distance of 2128.20 feet along the southern property line, running a distance of 771.88 feet along the eastern property line and running a distance of 2217.13 feet along the northern property line. Said parcel contains 23.7 acres. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -39- Item 11-1.5 PLANNING ITEM # 21247 Attorney Grover Wright represented the applicant. Joe Wharton, Engineer, Langley and McDonald, explained details of the application. Upon motion of Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances upon application of CBN for Changes of Zoning, with conditions outlined below; AND, for Conditional Use Permits, with conditions as outlined. ORDINANCE UPON APPLICATION OF CBN FOR A CHANGE OF ZONING FROM R-8 TO H-1 Z0184806 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN for a Change of Zoning District Classification from R-8 Residential District to H-1 Hotel District on certain property located on the south side of Tndian River Road beginning at a point 740 feet east of Centerville Turn- pike, running a distance of 690 feet along the south side of Indian River Road, running a distance of 950 feet along the eastern property line, running a distance of 650 feet along the southern property line and running a distance of 970 feet along the western property line. Said parcel contains 15 acres. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF CBN FOR A CHANGE OF ZONING FROM R-8 TO R-1 Z0184807 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: Ordinance upon application of CBN for a Change of Zoning District Classification from R-8 Residential District to R-1 Residential District on certain property located 750 feet more or less east of Centerville Turn- pike beginning at a point 2896 feet south of Indian River Road, running a distance of 770 feet along the western property line, running a distance of 570 feet along the southern property line, running a distance of 150 feet in a northeasterly direction, running a distance of 110 feet in a northwesterly direction, running a distance of 670 feet along the eastern property line and running a distance of 465.61 feet along the northern property line. Said parcel contains 8.92 acres. K124PSVILLE BOROUGH. Prior to the changing of the official zoning maps, the following will be required: 1. Dedication of right-of-way 110 feet in width for Centerville Turnpike relocated as per the Master Street and Highway Plan. 2. As per original rezoning to B-2 agreement to dedicate addi- tional right-of-way along this site's frontage on Indian River Road so as to provide for the future eight-lane roadway. The applicant is to prepare a recordable agreement and file it in the Office of the Clerk of Circuit Court advising they wil.1 dedicate additional right-of-way. January 16, 1984 -40- Item II-I-5 PLANNlNG ITEM # 21247 (continued) ORDINANCE UPON APPLICATION OF CBN FOR A CONDITIONAL USE PERMIT FOR STUDENT HOUSING* R0184601 BE 1T HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN for a Conditional Use Permit for student housing (1200 units) on certain property located on the west side of Centerville Turnpike beginning at a point 100 feet more or less north of Brandon Boulevard, running a distance of 827.73 feet along the west side of Centerville Turnpike, running a distance of 1708.63 feet in a northwesterly direction, running a distance of 1033.10 feet in a southwesterly direction, running a distance of 838.50 feet in a north- westerly direction, running a distance of 1631.40 feet in a southwesterly direction, running a distance of 2539.26 feet along the southern property line and running a distance of 955.48 feet in a northeasterly direction. Said parcel contains 104.61 acres. KEMPSVILLE BOROUGH. *This Conditional Use Permit for Student Housing applies only to the amended dimensions -- not tbe entire 104.61 acres. The following conditions are required: 1. Approval is for a total of 200 units. Ttirnp ikeT-55 d--39-fee 3. Dedication of right-of-way 110 feet in width for Centerville Turnpike relocated as per the Master Street and Highway Plan. A N D, ORDINANCE UPON APPLICATION OF CBN FOR A CONDITIONAL USE PERMIT FOR A LINE-OF-SIGHT RELAY DEVICE R0184602 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN for a Conditional Use Permit for a line-of-sight relay device (satellite dish antennas) on certain property located 950 feet south of Indian River Road beginning at a point 1430 feet east of Centerville Turnpike running a distance of 710 feet along the eastern property line, running a distance of 840 feet along the southern property line, running a distance of 600 feet along the western property line and running a distance of 840 feet along the northern property line. Said parcel contains 13.1 acres. KEMPSVILLE BOROUGH. The following condition is required: 1. Dedication of right-of-way 110 feet in width for Genterville Turnpike Relocated as per the Master Street and Highway Plan. A N D, January 16, 1984 -41- Item 11-I.5 PLANNING ITIM # 21247 (continued) ORDINANCE UPON APPLICATION OF CBN FOR A CONDITIONAL USE PERMIT FOR HORSE STABLES R0184603 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN for a Conditional Use Permit for horse stables on certain property located 750 feet more or less east of Centerville Turnpike beginning at a point 2896 feet south of Indian River Road, running a distance of 770 feet along the western property line, running a distance of 570 feet along the southern property line, running a distance of 150 feet in a north- easterly direction, running a distance of 110 feet in a northwesterly direction, running a distance of 670 feet along the eastern property line and running a distance of 465.61 feet along the northern property line. Said parcel contains 8.92 acres. KEMPSVILLE BOROUGH. The following condition is required: 1. Dedication of right-of-way 110 feet in width for Centerville Turnpike Relocated as per the Master Street and Highway Plan. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -42- Item II-J. I UNFINISHED BUSINESS ADD-ON TTEM # 21248 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council REAFFIRMED its action of November 7 and 21, 1983 and January 9, 1984, relative to the Ordinance to Amend the Master Street and Highway Plan dated December 16, 1974, by restating Council's intent to allow widening of Independence Boulevard from Jeanne Street to Holland Road and deleting any reference to relocation of Baxter Road. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, 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: None January 16, 1984 -42a- AN ORDINANCE TO AIMEND THE MASTER STREET AND HIGn'AY PLAN DATED DECE,@IBER 16, 1974 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and High%qav Plan dated December 16, 1974, is hereby amended as follows: 1. Increase Independence Boulevard to a 160-foot right-of-way from Jeanne Street to Holland Road. Remove the scenic ease- ment from Baxter Road to 11@lland Road. BeH-levefd-te-4ntefseet-4ndepeR,4efiee-R4:-Kennef-4,ane7 ADOPTED by the Council of the Citv of Virginia Beacli, Virgiriia, on the day of 1984. iz ,Iantiary 16, 1984 -43- Item II-J.2 UNFINISHED BUSINESS ADD-ON ITEM # 21249 Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council voted to RECONSIDER the application of WOODS GREEN RUN II for Land Use Modification (Green Run, Phase V of December 19, 1983) within three weeks (February 6, 1984). Councilman Baum requested a verbatim transcript on this issue. Voting: 6-5 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None January 16, 1984 -44- Item II-J.3 UNFINISHED BUSINESS ADD-ON ITEM # 21250 Regarding the Budget Workbook Questionnaire, City Council requested the City Manager review Council's comments and prepare a consensus of same. January 16, 1984 -45- Item II-J.4 UNFINISHED BUSINESS ADD-ON ITEM # 21251 The City Manager will present Council with a report on the AUTOMATED OFFICE SYSTEMS on January 23, 1984. January 16, 1984 -46- Item II-K.1 NEW BUSINESS ITEM # 21252 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council APPROVED a PUBLIC HEARING on the request of WAYNE H. SKINNER (on behalf of OUTREACH FOR CHRIST, INC.) for the City's consideration of their request for tax exempt status under the State law. The Public Hearing will be January 23, 1984 at 7 o'clock. 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, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. January 16, 1984 -47- Item II-K.2 NEW BUSINESS ADD-ON ITEM # 21253 Councilman Baum expressed the desire that City Council's policy should be clarified as to the question of sewer lines being extended into the areas termed "agricultural" under the COMPREHENSIVE PLAN. He questioned the effect of extending the Phase I Sandbridge sewer line and whether it was accessible across Princess Anne Road to land zoned either agricultural or R-3. He stated the same answer would be appropriate to both the Sandbridge Sewer, Phase I, and the existing line on the west side of Ninmo Church. The City Manager will present a report regarding the City's policy on the above-referenced matter on January 23, 1984. January 16, 1984 -48- Item II-K.3 NEW BUSINESS ADD-ON ITEM # 21254 Mayor Jones will appoint a committee January 23, 1984, to review PD-H2 regulations regarding Change of Zoning applicati.ons; consequently, Council action was deferred until the Committee makes a report. (See Item I-E.3 of the Informal Agenda.) January 16, 1984 -49- Item II-K.4 NEW BUSINESS ADD-ON ITEM # 21255 The City Manager and City Clerk will update various books for the Members of Council (Code Book, Fmployee Handbook, Boards and Commissions, etc.) on a quarterly basis, beginning January 1984. January 16, 1984 -50- Item II-L. RECESS INTO EXECUTIVE SESSION ITEM # 21256 By consensus, City Council RECESSED into Executive Session, per City Ordinance, for Council Appointee Evaluation at Five Forty-Two in the evening. January 16, 1984 Item II-M. ADJOURNMENT ITEM # 21257 By consensus, Council adjourned the meeting at Seven Eighteen in the evening. City Clerk City of Virginia Beacii Virginia /jk Jantlary 16, 1984