AUGUST 22, 1983 MINUTES
Cit@ C)-f -vir-wiraiel
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LO(IIS R. JONES, B.,@id@ 8 .... gb
VICE-MAYOR IIARF3ARA M. liENLEY, P@.g. B.,-.gh
1014,V A. F3A(;M, B@,@.gb
NANCY A. CREECII. At L@.,g@
IfAROI.r) IIEISCFIOBER, A, L@,g@
H. JACW JENNiN(;S, JR., Ly@.b.,,- B.,,,.gb
ROBERT (;. 10,VES. A, L.,R@
W. Ii. Ki7CIIIN, Ill, V,,,@,,, R,-ch
REBA S. M, (:I,AVAN. ,, A@.@ 212 CITY HALL 811ILDIN(i
1, IIENRY bf,(@01'. JR., K,.p,,,,Il, 13 ....... gb MUNICIPAL CENTER
MEYERA E. OfiERNDORF, A, L.,g, VIRGINIA BEACH, VIRGINIA 23456
RI'Tti HODGES SMITII, CMC, Cill Ct"k f804) 427-4303
CITY COUNCIL AGENDA
August 22, 1983
ITEII I INFO@NIAL SESSION: 5:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. 140TION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. itatters for discussion bY Mayor.
2. Ilatters for discussion by Council.
E. CTT'Y tWIArER'S AD,4INISTRATIVE ITDIS:
1. Atlantic Avenue Beautification Project.
2. Review of Consent Agenda.
ITEM II FO@IAL SESSION: 7:00 p.m.
A. TNVOCATION: Reverend Fritz Stegemann, Pastor
Open Door Chapel
B. PLEDGE OF ALLEGIANCE TO Tlir FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETTNG:
1. Motion to accept/approve the Minutes of August 15, 1983.
E. PRESENTATION:
1. Resolution recognizing James L. Ogden
F. PUBLIC HEARING
1. Ordinance to appropriate f.nds of $3,529,130 for
City of Virginia Beach School Programs funded by
special Categorical Grants for school year 1983-84.
(First Reading September 6, 1983)
2. Ordinance to appropriate funds of $1,708,677 to
establish a School Textbook Rental Fund FY 1983-84
Budget.
3. Ordinances to accept and appropriate:
a. $28,687 Employee Services Program
b. $17,598 Emergency Food and Shelter Program
C. $13,450 Fa.ily Violence Prevention Program
d. $2,166 Department of Transportation Safety
e. $2,000 Community Diversion Program
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
in the ordinary course of business by City Council and will
be enacted by one motion in the form listed. There will be
no separate discussion of these items. Tf discussion is
desired, that item will be removed from the Consent Agenda
and considered separately.
1. Resolution recognizing Mr. James L. Ogden for his
continued civic endeavors and for his persistent
effort in apprehending individuals involved in
illegal activity.
ITEM II FORMAL SESSION (Cont'd)
G. CONSENT AGENDA (Cont'd)
2. Resolution authorizing the City Manager to
execute the Tidewater ElecLronic Network for
Police Information (TENPIN) Contract.
3. Ordinance to Transfer Fiscal Year 1982-1983
Appropriations within various departments.
4. Ordinance to Transfer Capital Project Funds
of $222,724 between Capital Projects for the
purchase of two park sites.
5. Ordinance, on FIRST READING, to appropriate funds
of $1,708,677 to establish a School Textbook
Rental Fund FY 1983-84 Budget.
6. Ordinance, on FIRST READING, to accept a Federal
Grant of $28,687 and appropriate these funds for
an Employment Services Program.
AND
Ordinance, on FIRST READTNG, to accept a Federal
Grant of $17,598 and appropriate these funds for
an Emergency Food and Shelter Program.
7. Ordinance, on FIRST READING, to accept and
appropriate $13,450 from the Virginia Family
Violence Prevention Prggram.
8. Ordinance, on FIRST READING, to accept and
appropriate $2,166 from the Virginia Department
of Transportation Safety.
9. Ordinance, on FIRST READING, to accept a Grant
Award from the Department of Corrections totaling
$2,000 and to appropriate these funds for the
Virginia Beach Community Diversion Program.
10. Ordinance authorizing the City Manager to execute
a substitute agreement for the agreement authorized
on August 2, 1982 extending the franchise of the
Virginia Beach Fishing Pier, Inc. for a period of
five years under certain terms and conditions.
11. Ordinance authorizing the acquisition in fee simple
of property adjacent to the Norfolk-Southern Railroad
right-of-way at or about its intersection with First
Colonial Road by either agreement or condemnation for
the purposes of locating and maintaining a water
transmission line.
12. Low Bid of E. G. Middleton, Inc., in the amount of
$27,940 for the Lynnhaven Park Softball Field Lights
(CIP 4-916); AND, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
ITEM II FORMAL SESSION (Cont'd)
G. CONSENT AGENDA (Cont'd)
13. Low Bid of Winkelman, Inc., in the amount of
$131,900, for the Stumpy Lake Watershed Improvements
Project, Phase III (CIP 2-815); AND, authorize the
City Manager to enter into the necessary agreements
for the implementation of this project.
14. Raffle Permit:
Thalia-Malibu Recreation League
15. Request of the City Treasurer for tax refunds in the
amount of $9,612.83.
16. Request of the Commissioner of Revenue for license
refunds in the amount of $2,359.07.
H. PLANNING ITEMS
1. Ordinance closing, vacating and iscolitin-i-9
a portion of an unimproved alley located between
Virginia Beach Boulevard and 18th Street in the
petition of Peter J. Gualeni and Joseph J. Gualeni.
(Lynnhaven Borough) This closure was approved
on February 14, 1983 subject to conditions being
met within 180 days.
a. Letter from the City Manager requests a
deferral to September 6, 1983.
2. Ordinance closing, vacating and discontinuing
a 24-foot unnamed right-of-way in the petition
of Richard H. Kline (Lynnhaven Borough). This
closure was approved on April 4, 1983 subject
to conditions being met.
a. Letter from the City Manager recommends final
aoRroval to this street closure.
3. Resolution authorizing consent of the City of
Virginia Beach to the amendment of certain
restrictive covenants and conditions: Atlantic
Permanent Savings & Loan Association (Corporate
Designs, Limited, AugusL 28, 1978)
a. Letter from the City Manager transmits his
recommendation for approval.
4. Application of John P. and Jeanette D. Highfill
for a change of zoning from A-1 AparLment District
to A-2 Apartment DisLrict at the Southeast corner
of Alabama Avenue and Garfield Avenue, lots I ttiru
9, Block 8, Pecan Gardens. Said parcel contains
22,762 square feet. (Princess Anne Borough)
a. Letter from the City Manager Lransmits the
recommendation of the Planning Commission
for approval.
ITEM II FORMAL SESSION, (Cont'd)
H. PLANNING ITEMS, (Cont'd)
5. Application of William-Robert and Company for a
change of zoning from B-2 1) "n 't @Business District
C - I y
to A-3 Apartment District n a 37,7 7-square foot
parcel located at the northeast corner of Newtown
Road and Broad Meadows Boulevard (Bayside Borough).
a. Letter from the City Manager transmits tlie
recommendation of the Planning Commission
for approval.
6. Application of Chesapeake Investment Corporation
for a change of zoning from A-1 Apartment District
to A-2 Apartment District on an 8.2-acre parcel
located along the west side of College Park Boulevard,
north of Chestnut Hill Road (Kempsville Borough).
This matter was deferred from July 11, 1983 at the
request of the applicant's attorney.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of John W. Smith for a change of zoning
from R-3 Residential Dis r@i t to A-3 Apartment District
on a 9.373-acre parcel located along the south side
of Shore Drive, west of Independence Boulevard;
AND,
B-2 Cornmunity-Business District to A-3 Apartment
District on a 10.627-acre parcel located along the
sbuth side of Shore Drive, west of Independence
Boulevard. (Bayside Borough)
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
8. Applications of Walter F. Chow for a change of
zoning from R-6 Residential District to B-2
Community-Business District on a 2.6-acre parcel
located along the south side of Virginia Beach
Boulevard, east of Fair Meadows Road (Bayside Borou-.h);
AND
Conditional Use Pemit for mini-warehouses an
a 2.6-acre parcel located along the south side of
Virginia Beach Boulevard, east of Fair Meadows Road
(Bayside Borough).
a. Letters from the City Manager transmit the
recommendations of the Planning Commission
for approval of these applications.
.9. Application of Thomas R. and Joan G. Eckert for a
conditional use permit for a four-room addition to a
school on a 33,000-square foot parcel located at the
northeast corner of Shore and Treasure Island Drives
(Bayside Borough). Council voted to expedite this
matter 6/20/83.
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
ITEM II FORMAL SESS10N (Cont'd)
H. PLANNING ITEMS,(Cont'd)
10. Ordinance to amend and reordain Article 6,
Sections 613(a) and 633(a) of the Comprehensive
Zoning Ordinance pertaining to minimum lot area
in the A-2 and A-4 Apartment Districts.
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
to deny the amendment to Section 613(a) and
approve the amendment to Section 633(a).
I. APPOINTMENTS
1. Community Corrections Resource Board
2. Development Authority
3. Pendleton Project Management Board
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Clark-Wbitehill Company of Virginia Beach -
proposal to develop apartment project on
east side of Rosemont Road, south of Holland
Road
L. ADJOURNMENT
1. Motion to Adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 22, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, August 22, 1983, at Five-Thirty in the afternoon.
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, III, Reba S. McCla,an,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
August 22, 1983
-2-
ITEM # 20469
Mayor Louis R. 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 beld property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by
such institution.
3. LEGAL 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 Vice Mayor Henley, seconded by Councilman Baum, Council
voted to proceed into the EXECUTIVE SESSTON 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, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1983
-3-
M A T T E R S B Y C 0 U N C I L
SILVER-HAIRED LEGISLATURE TTEM # 20470
Councilwoman McClanan proposed the formation of a resolution in recognition
of service rendered by certain people in the "Silver-Haired Legislature"
to the City.
LACV-30 TRAINING ITEM # 20471
Councilman Jennings stated training is on-going at Fort Story (24 hours a
day for six (6) days) of the LACV-30 vehicles. He said he had received
18 telephone calls complaining about the noise these vehicles generated.
EMERGENCY EVACUATION PLAN ITEM # 20472
Prompted by the devastation caused by Hurricane Alicia in Galveston, Texas,
Councilman Jennings suggested the Gity adopt an Emergency Evacuation Plan
and requested the City Manager investigate this system and the possibility
of C & P Telephone Company printing the evacuation route in the next issue
of the telephone directory.
CITY CODE, SECTION 38-6 ITEM # 20473
Councilman Jennings requested the section of the Code dealing with weapons
be placed under "Unfinished Business" on the Formal Agenda August 22, 1983.
BOND REISSUE ITEM # 20474
Regarding authorization to reissue bonds at a lower rate, Councilman Heischober
stated the City Charter does not allow this. A legislative proposal has been
initiated which, hopefully, will allow this.
ABANDONED VEHICLE FRANCHISE ITEM # 20475
Councilman Heischober stated additional information will be presented to
Council in approximately three weeks.
DUMPSTER PROGRAM ITF14 # 20476
Councilman Robert Jones voiced concern that the Dumpster Program (summer)
ended August 15, 1983 (concern was prompted by telephone calls from citizens
displeased with the situation). The CiLy Manager is to investigate the
matter.
August 22, 1983
-4-
M A T T E R S B Y C I T Y M A N A G E R
ATLANTIC AVENUE BEAUTIFICATION ITEM # 20477
City Manager Muehlenbeck requested Council's authorization to proceed with
preliminary engineering work (at an anticipated cost of $200,000, arrange-
ments for which have already been made in the CIP).
After discussion by Council members, and by consensus, this item will be
placed on the September 6, 1983, Agenda.
NAVY BRIEFING ITM4 # 20478
Per the U. S. Navy's request, the Briefing originally scheduled for August 22,
1983, will be held September 6, 1983, at 11:00 a.m. Admiral McDonald will
make the presentation on the Navy's new air cushion vehicles.
JOBS BILL ITEM # 20479
The City's agreement with Arnhold & Company was discussed. See the Formal
Agenda for action taken by Council.
CLARK-WHTTEHILL COMPANY ITFM # 20480
Regardi-ng the proposed apartment project by Clark-Whitehill Company of
Virginia Beach, two alternatives were discussed. See Formal Agenda for
action by Council.
RECESS INTO EXECUTIVE SESSION ITEM # 20481
City Council recessed into @CUTIVE SESSION at Six Twenty-Eight in the
evening.
August 22, 1983
-5-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 22, 1983
7:32 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, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Fritz Stegemann
Pastor
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERTCA
August 22, 1983
-6-
LITTLE MISS VIRGINIA BEACH ITEM # 20482
Mayor Jones recognized "Little Miss Virginia Beach 1983", VIVIANNE DEVERA-
HIPOL, eight-year old daughter of Drs. Rose and Manuel Hipol of Virginia
Beach. Vivianne will be entering the third grade at Norfolk Academy. She
won the title of "Little Miss Virginia Beach" by competing with eleven
other contestants in the categories of physical fitness, talent and evening
gown. Her talent was singing "Tomorrow" from the Broadway Show, "Annie".
Vivianne also studies piano, violin and ballet. The pageant was sponsored
by the City of Virginia Beach, Department of Parks and Recreation.
August 22, 1983
-7-
Item II-D.1
MINUTES ITEM # 20483
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council APPROVED the Minutes of August 15, 1983.
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
August 22, 1983
-8-
Item 11-E.1
PRESENTATION ITEM # 20484
Mayor Jones presented to JAMES L. OGDEN, Game Warden, a Resolution in
recognition of his continued civic endeavors and his persistent effort
in the apprehension of individuals involved in an illegal activity.
August 22, 1983
-9-
Item II-F
PUBLIC BEARING ITEM # 20485
Mayor Jones declared a PUBLIC HEARING for the proposed BTJDGET APPROPRIATIONS.
Under the new State law, the School Categorical Grants for the 1983-84
Budget exceeded one percent (1%) of the Fiscal Year Budget and were heard this
date, althougb action will not be taken until September 6, 1983. Other
properly advertised appropriations were heard this date and were presented
for action under the CONSENT AGENDA.
No speakers were registered in favor of nor in opposition to the following
BUDGET APPROPRTATIONS:
1. Ordinance to appropriate funds of $3,529,130 for the
City of Virginia Beach School Programs funded by
special Categorical Grants for the school year 1983-84.
(First Reading will be September 6, 1983.)
2. Ordinance to appropriate funds of $1,708,677 to
establish a School Textbook Rental Fund for Fiscal
Year 1983-84 Budget.
3. Ordinances to accept and appropriate:
a. $28,687 Employee Services Program
b. $17,598 Emergency Food and Shelter Program
C. $13,450 Family Violence Prevention Program
d. $ 2,166 Department of Transportation Safety
e. $ 2,000 Community Diversion Program
The Mayor declared the PUBLIC HEARTNG for the proposed BUDGET APPROPRIATIONS
closed.
August 22, 1983
-10-
Item IT-G
CONSENT AGENDA ITEM # 20486
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED IN ONE MOTION Items I through 16, EXCEPT Item 10, of the
CONSENT AGENDA. Item 10 was voted on 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., 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
August 22, 1983
Item II-G.1
CONSENT AGENDA ITEM # 20487
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution recognizing JAMES L. OGDEN for his continued
civic endeavors and for his persistent effort in apprehending individuals
involved in an illegal activity.
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
August 22, 1983
-1 2-
R (C S 0 L U T -7 0 N
WHGCIWS, the C4ty 04 V4,zgi@a geach ij @v4-eged to have marty co"cientioaj and
dedicated @ti3ow whoje co@b@on,4 to the commuruta make V'4@,ua 'geach a bettelt p@ace
to '@ve aqd Mz. @amej Lee Ogden 4,J one of theje individualj;
WN,cIWS, Mt- Ogdert ij a meinbel o4 the Cze@ VolunteeA Reicue Squad and hai b,,,,n
iinc.e 1971, c7tzd ij the oruy ccadiac tech@ciart at Czeed,,;
WHCIZ@S, 0,1 4uauit 3, 1983, Mt. 0,9d-, aj 9-e Wa)tden, @ tenociouj in hij pu,?jui@
@o apptehend what he b@4eved to be 4ndiv4du@,j 4nvo)ved in i@@egcu dee,? hun@,n,,;
act'vitie,j, which uitimat@.u zejoted in the a4Aeit o4 iuipecti in conne@on w@th the
9A-4ng o@ a @azge amount o4 m@@uczna. On thij date, M4. Ogden, while zejpjndinq to and
,7elu,zn4ng faom a zeacue c@@ at appzo@mateiy 2:00 a.m. , 4aw an empty caA @ong @he
hi9h-Y- Mlz- Ogde-n zet@ed hL-e, piched up h@,j State tAuCk and 7etwmed to the caz arzd
,zadioed Police to chech the ca4 ze@,itz@on, bel@eving the iitdiv4duGUj may be invo@ved in
i@lega,i burttirtg. Mz. Ogden 3aw tau come out o@ the uuo@, he corttar-ted Police
arzd jtopped the jujpe@. A4te4 the Po@ice az@ved tbey 4ourtd a ctate contcLirt4ng 44ve
m@@uana plan-tj, jug4 ot watez and @arlt 4ood. 44tez day.Zight ML. Ogden zetuzned to the
-ecz with a flo)ice daua inveitigatoz and 4ound aPPTox4mat@y 50 m@Auana @antj in the
-odA with a jtzeet v@ue o4 S8,000 - $10,000.
NCW, 7-H61?EFMIc, BE 7T l@,cSOLVcD: That the Vtz@rua Beach C4ty Coun@@ ?eco@3:e., @amel
L. Ogden fot h4,j co@nued civic endeavozj and 4oz hij peAj4,jtent e4@olit in appzehendinq
individucU,j invo@ved @n an i@@eg@ activit.U.
@iven undea my hand arld je@ thtj Tw@-,jecond dag o4 4u@t, 1983
MaWoz Louij Z?. 7on--
August 22, 1983
-13-
Ttem II-G.2
CONSENT AGENDA ITEM # 20488
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution authorizing the City Manager to execute the
Tidewater Electronic Network for Police Infor-mation (TENPIN) Contract.
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
August 22, 1983
-14-
REQUESTED BY: CITY MANAGER
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE THE TIDEWATER
ELECTRONIC NETWORK FOR POLICE
INFORMATION (TENPIN) CONTRACT
WHEREAS, the City of Virginia Beach contracts with the City of Norfolk to
participate in the Tidewater Electronic Network for Police Information Project (TENPIN
Project), and
WHEREAS, the TENPIN Project plays an important role in enhancing the
regional effectiveness of our law enforcement officers, and
WHEREAS, funding for this project has been provided in the FY 84 Operating
Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager is authorized to enter into the appropriate
contract with the City of NorfoIk for the City of Virginia Beach to participate in the
TENPIN Project for the contract period July 1, 1983, through June 30, 1984.
This Resolution shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of August, 1983.
APP;ZOVED AS TO CONTEt4T
@IGNATU@E
D@PARTMENT
AST 0 M
August 22, 1983
-15-
Item II-G.3
CONSENT AGENDA ITEM # 20489
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to transfer Fiscal Year 1982-1983 appropriations
within various departments.
Voting: 11-0
Council Members Voting Aye:
John A. BaLim, 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, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1983
-16-
AN ORDINANCE TO TRANSFER
FISCAL YEAR 1982-1983 APPROPRIATIONS
WITHIN VARIOUS DEPARTMENTS
WHEREAS, unanticipated conditions caused the expenditures of various
City budget units to exceed their appropriations, and
WHEREAS, other budget units within the respective departments have
excess appropriations in amounts greater than those budget units exceeding their
appropriations, and
WHEREAS, the City desires to reallocate appropriations within the
affected departments to alleviate the variance between expenditures and
appropriations,
NOW, THEREFORE,.BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that appropriations be reallocated as follows:
Appropriation
Department/Budget Unit
Judicial:
06210 - Juvenile Probation - Management and
Support $ + 44,000
06018 - Public Defender - 44,000
Police:
09020 - Patrol and Administrative Support + 94,000
09028 - Investigative Division - 94,000
Public Works:
10312 - Refuse Collection + 287,000
10314 - Solid Waste Transfer Station - 287,000
Parke and Recreation:
11012 - Construction and Maintenance + 73,000
11022 - Parks and Beaches - 73,000
First Reading: _ l9R3 -
Approved by the Council of the City of Virginia Beach on the 22nd day
of August 1983.
APP,'.OVED -IS TO CON'['!T
DEPAR-.tAFNT
Al TO FOIRM
L-1-ORD8
August 22, 1983
-17-
Item II-G.4
CONSENT AGENDA ITEM # 20490
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council ADOPTED an Ordinance to transfer Capital Project Funds of $222,724
between Capital Projects for the purchase of two park sites:
RED MILL FARMS PARK
SAW PEN POINT PARK
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
August 22, 1983
-18-
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
FUNDS OF $222,724 BETWEEN CAPITAL PROJECTS
FOR THE PURCHASE OF TWO PARK SITES
WHEREAS, the current Capital Improvement Program includes the
future development of two neighborhood parks, Red Mill Farms Park and Saw
Pen Point Park and,
WHEREAS, the reservations for these two future park sites will
expire-on November 15, 19$3 and December 6, 1983, respectively after
which the owners will no longer be required to hold the areas as park sites
and,
WHEREAS, funding for the park sites is not scheduled to be
available until after the expiration date of the reservations and it is the
recommendation of the Parks and Recreation Department to purchase the sites
before the expiration dates to avoid increases in prices,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations be transferred between capital projects
as enumerated below to provide funds for two parks reservations.
Transfer to:
4-917 Red Mill Farms Park $ + 145,350
4-808 Saw Pen Point Park + 77,374
Transfer from:
4-802 Woodstock Park - 222,724
Adopted by the Council of the City of Virginia Beach on the
22nd day of August I 9@.
August 22, 1983
KAR-2/ORD2
-19-
Item II-G.5
CONSENT AGENDA ITEM # 20491
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of
$1,708,677 to establish a School Textbook Rental Fund for the Fiscal Year
1983-84 Budget.
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
August 22, 1983
AN ORDINANCE TO APPROPRIATE FUNDS OF
$1, 708,677 TO ESTABLISH A SCHOOL TEXTBOOK
RENTAL FUND FY 1983-84 BUDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by the rental of
textbooks requires an appr-opriation of the local governing body, and
WHEREAS,the Virginia Beach School Board has a textbook
rental plan whereby rental income is deposited in a textbook rental
fund and purchases of textbooks and other related expenses are paid
from this fund, and
WHEREAS, the School Board has submitted a Textbook Rental
Fund budget for FY 1983-84 in order to comply with the Attorney
General's opinion, and
WHEREAS, the Textbook Rental budget approved by the School
Board on July 19, 1983, includes total revenues of $1, 708, 677 and
total disbursements of $1, 708, 677 for fiscal year 1983-84.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEA CII that funds of $1, 708, 677 be
appropriated for a School Textbook Rental Fund budget in the
manner approved by the School Board in its meeting of July 19, 1983.
BE IT FURTHER ORDAINED that this appropriation be
financed by Estimated Revenues in the Textbook Rental Fund of
$1,708,677.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia on the day
of -1 1983.
FIRST READING: August 22, 1983
SECOND READING:
AP,,@',).OVED AS TO CONTENT
DEPARTt@,@-@NT
August 22, 1983
-21-
Item II-G.6
CONSENT AGENDA ITEM # 20492
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, Ordinances to accept a Federal Grant of
$28,687 and appropriate these funds for an Employment Services Program;
AND,
to accept a Federal Grant of $17,598 and appropriate these funds for an
Emergency Food and Shelter 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
August 22, 1983
-2 2-
AN ORDINANCE TO ACCEPT A FEDERAL
GRANT OF $28,687 FOR AN EMPLOYMENT
SERVICES PROGRAM AND TO APPROPRIATE
TIIESE FUNDS
WHEREAS, the Virginia Department of Social Services is participating
in a federal grant which requires Food Stamp recipients to participate
in an employment services program, and
WHEREAS, the City of Virginia Beach has been designated as
one of several localities to participate in this pilot pr-ogram, and
WHEREAS, the program is designed to assist Food Stamp
recipients in obtaining work experience by providing assistance
through the Department of Social Services in job search and regis-
tration for jobs, and
WHEREAS, the grant award of $28, 687 will provide for five
technical and two clerical positions to accomplish the task of assisting
approximately 800 Food Stamp recipients during a three month pilot
project, and
WHEREAS, no local funds are required.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant for the city and funds are hereby appropriated
to the Department of Social Services for the following purpose:
Estimated Revenue Local Total
From The Federal Government Alatch riation
Employment Services Pr-ogram $28, 687 $28, 687
BE IT FURTHER ORDAINED that the appropriation be financed by
$28,687 estimated revenue from the federal government.
BE IT FURTHER ORDAINED that seven personnel positions are
hereby authorized for the duration of the grant to be paid from the
grant with the class of employees to be determined by the City Manager.
BE IT FURTHER ORDAINED that should the federal reimbursement
for this program, based on the actual expenditures incurred, be less
than the amount appropriated, the appr-opriation will be reduced
accordingly.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on day
of 1983.
FIRST READING: August 22, 1983
SECOND READING:
-23-
AN ORDINANCE TO ACCEPT A
FEDERAL GRANT OF $17,598 FOR
AN EMERGENCY FOOD AND SHELTER
PROGRAM AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the Department of Social Ser-vices has been informed
of a federal grant award of $17,598 authorized under Public Low 98-8
for emergency food and shelter to needy citizens, and
WHEREAS, the department will use these funds to contract with
local churches to provide emergency food and shelter to indigent
Virginia Beach families, and
VVHEREAS, no local funds are required.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant for the city and funds of $1 7, 598 are hereby
appropriated to,the Department of Social Services to contract with
local churches to provide emergency food and shelter to indigent
Virginia Beach families.
BE IT FURTHER ORDAINED that the appropriation be financed
by $17, 598 estimated revenue from the federal government .
This ordinance shall be effective fr-om the date of its adoption.
Adotped by the Council of the City of Virginia Beach on day
of 1 1983.
FIRST READING: Atigi@,t 22- lgFi3
SECOND READING:
August 22, 1983
-24-
Item TI-G.7
CONSENT AGENDA ITEM # 20493
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to accept and appropriate
$13,450 from the Virginia Family Violence Prevention 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 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
August 22, 1983
-25-
AN OMINANCE TO
AND APPROPR= $13,450.
FRC)M THE VIRGINIA FAMILY
VIOLENCE PREVENTION PROGRAM
WHEREAS, the Virginia F@ly Violence Prevention Program has made
available a grant in the amount of $13,450 to the Departnent of Mental Health
and Mental Retardation, and
, this grant will be used to pravide funding for the "Ilm In
Charge" program for children who are left alone at hcrne after school, and
WHEREAS, this grant will enable the five-session "I'm In Charge" pro-
grarn to be presented to the city's 5th and 6th graders and their families so as
to increase their self-care kncwledge and skills.
NOW, BE rr OMA= BY THE COLMTL OF THE CTTY OF VTRGINIA
BEACH, @INIA:
That the City Manager is hereby authorized to accept the grant for the
city, and funds are hereby appropriated for the following purpose:
MH/MR "I'm In Charge" Progran $13,450
BE IT OM that appropriaticns will be financed by $13,450
estimated revenue fran the state De t of Mental Health and Mental Retaidaticn,
with no local match required, and
That one part-time personnel position is hereby authorized, to be paid
fran the grant, with the class of the cmployee to be de by the City Manager.
F @ T READING: August 22, 1983
SBCCND READING:
Adcpt,ed by the C@cil of the City of Virginia Beach, Virginia cn
the day of 1983.
APpRoVCD AS @o
CITY ATIORNEY
August 22, 1983
-26-
Item II-G.8
CONSENT AGENDA ITEM # 20494
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to accept and appropriate
$2,166 from the Virginia Department of Transportation Safety.
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
August 22, 1983
- 27-
AN ORDINANCE TO ACCEPT A
OF $2,166 FRCM THE @INIA
DEPARTMHNT OF TRANSPOR'IATICN
SAFETY AND TIO APPROPR= THESE
FLNDS
WHEREAS, City Ca=il is interested in traffic safety and the
effectiVe prosecuticn of drunken drivers within the City of Virginia Beach,
and,
the DepaL@t of Transportaticn Safety (DOTS) has awarded
a grant of $2,166 for Advanced Legal Training and DUI Prosecution, and
WHEREAS, the fiscal year 1984 budget includes the $1,865 that will
satisfy the local in-kind match contribution.
NOW, TE=FE, BE rr OFDA= BY THP CITY COLMIL OF TIE CTRY OF
VIRGINIA BEACH:
That the funds frcm the above grant be accepted and $2,166 be ap-
propriated to carry out the progran.
BE IT FURTHER ORDA= that the appropriatim be financed by $2,166
in estimated revenue fran the Deparbuent of Transportation Safety.
Adopted by the C=cil of the City of Virginia Beach cn the
day of -, 1983.
FIRST READING: August 22, 1983
WMING:
August 22, 1983
-28-
Item II-G.9
CONSENT AGENDA ITEM # 20495
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to accept a Grant Award fr-
the Department of Corrections totaling $2,000 and to appropriate these funds
for the Virginia Beach Community Diversion 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
August 22, 1983
-29-
AN OIOINANCE TO @Pr A GRANT
FRCM THE DEP OF
CORRBCTICNS TOTALING $2,000 AND TO
APPRC)PRIATE THESE FIOR TBE
VIRGINIA BEACH ITY DIVERSICN
wHEREAs, the Virginia General Assembly has enac@ the C@ity
Corrections Incentive Progran which niakes fiuids available to jurisdictictis
within the C ealth for the purposes of diverting qualified nm-violent
offenders fran the State penitentiaries for the purpose of rehabilitating these
offenders and allowing thern the opportunity to make restituticn for their cri-;
and
WHEREAs, the City of Virginia Beach is currently operating such a p-
graan; and
, the Council of the City of Virginia Beach has heretofore ac-
cepted grant funding of $164,800 frcfn the Virginia Department of Cor-ti-s fOr
the 1984 Fiscal year; and
, the virginia De t of Correcticns has appraved an addi-
ticnal $2,000 for a strative costs to accmplish the cbjectives stated above:
NOW, BE rr 0 BY THE COU4CIL OF THE C=Y OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept additional funds fOr
the grant for the City and fmds are hereby appropriated for the follcwing purposes.
Est. Revenue
fran Other
Agencies Local Match Apprcpriaticns
C@ity Diversion Program $2,000 $0 $2,000
(@clnent)
That the appropriatlon be financed by $2,000 in estimated revenue fran
the Virginia Department of Corrections.
FIRST READIM: August 22, 1983
SBCCND READING:
Adop@ by Council of the City of Virginia Beach cn the
day of 1983.
APP,")VE@ pS TC CONTtt4T
16P ST C)
-Y
-30-
Item II-G.10
CONSENT AGENDA ITEM # 20496
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council ADOPTED an Ordinance authorizing the City Manager to execute
a substitute agreement for the agreement authorized on August 2, 1982,
extending the franchise of the Virginia Beach Fishing Pier, Inc. for a
period of five years under certain terms and conditions, with a CORRECTION
to the agreement (page 3, last line) as follows:
"permit any nuisance, dancing, music, tinrett&aneble
noise or other .......
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
August 22, 1983
-31-
AN ORDINANCE AUTHORIZING CITY MANAGER TO
EXECUTE A SUBSTITUTE AGREEMENT FOR THE
AGREEMENT AUTHORIZED ON AUGUST 2, 1982
EXTENDING THE FRANCHISE OF THE VIRGINIA
BEACH FISHING PIER, INC. FOR A PERIOD
OF FIVE YEARS UNDER CERTAIN TERMS AND
CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manaqer is authorized to execute the
franchise aqreement attached as Exhibit "A" between the City of
Virqinia Beach, a municipal corporation of the Commonwealth of
Virginia, and the Virqinia Beach Fishing Pier, Inc., a Virqinia
stock corporation, which owns and operates a wooden fishinq pier
structure that proiects into the waters of the Atlantic Ocean at
15th Street in the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 2nd day of August 1983.
JDB/sm
8/18/8 3
(MISC)
August 22, 1983
-32-
THIS AGREEMENT, made this 14th day of May, 1982, by and
between the CITY OF VIRGINIA BEACH, a municipal corooration of
the Commonwealth of virqinia, hereinafter called the City, and
VIRGINlA REACH FISHING P19R, INC., a Virqinia stock corporation,
which owns and operates a wooden fishing pier structure which
projects into the waters of the Atlantic Ocean at 15th Street in
the City of Virqinia Beach, Virginia, and VIRGINIA BEACH
AMUSEMENT COMPANY (also known as VIRGINIA BEACH FISHING PIER AND
AMUSEI$ENT CO.), a Virginia general partnership, which owns
certain real property located at 15th Street and Atlantic Avenue
in virginia Beach, Virginia. Both companies hereinafter
collectively referred to as the Pier and Amusement Company;
WITNESSETH THAT:
WHEREAS, in settlement of a controversy between the Citv
and the Pier and Amusement Company which has its roots in a
franchise issued to the Pier and Amusement Company's oredecessor
in title by the City Council of the City on May 14, 1962 (a copy
of which is attached hereto and made a part hereof and is marked
"Exhibit A") permittinq the construction and operation of a pier
at said location, same beinq a replacement structure for a pier
which had existed and been operated by the Pier and Amusement
Company prior thereto, the controversy involving, amonq other
thinqs, franchise fees due the City by the Pier and Amusement
Company and the validity of the May 14, 1962 qrant;
NOW, THEREFORE, the parties, having compromised, settled
and satisfied all matters in dispute between them, do hereby set
forth a written memorial of that aqreement, and hence do agree as
follows-
1. The Pier and Amusement Company acknowledqes the
riqhts of the City and of the public to the use of the beach area
between the platted lot lines of the property of the Pier and
Amusement Company and the Atlantic Ocean and the riqht of the
City to reasonably regulate same in the public interest, same
-33-
being recognized as having been dedicated aa a public recreation
easement.
2. Except as may be amended herein, the parties
acknowledge and aqree to be bound and obligated by the terms,
conditions, limitations, rights and duties stated in the
invitation to bid and the bid (hereinafter called "franchise")
contained in the minutes of the City Council of the City of
Virginia Beach on May 14, 1962, a copy of which is attached
hereto and made a part hereof as if fully stated herein, and is
marked "Exhibit Aft.
3. The parties aqree that pursuant to Section 15.1-314
of the Code of Virginia 1950 as amended, the franchise described
in "Exhibit A," which was to expire and terminate on May 14,
1982, shall be extended for a term of Five (5) years, until May
13, 1987, and that durinq the period of the extension of the
franchise the parties shall be subject to the provisions of
"Exhibit A" as well as this contract.
4. The Pier and Amusement Company agrees to pay to the
City the sum of Fifteen Thousand Dollars ($15,000.00), which sum
represents unpaid and past due franchise fees. The Pier and
Amusement Company further agrees that it will pay the City the
sum stated in this paracraph, without demand, immediately after
this contract has been siqned by the parties hereto.
5. The City hereby releases the Pier and Amusement
Company from claims for any remaininq past due franchise fees in
excess of the sum stated in paragraph Pour (4) above, the parties
recognizing that any past due fees in excess of that sum are
barred by the statute of limitations.
6. The parties agree that durinq the term of the
extension of the franchise, the Pier and Amusement Company shall
pay to the City a fee of Three Thousand Dollars ($3,000.00)
annually. The said annual fee shall be paid, without demand, to
-2-
-34-
the Treasurer of the City of Virqinia Beach in the following
installments on or before the following dates:
Installment Period: Date fee to he paids
May 14, 1982 thru May 13, 1983 may 14, 1982, or
immet,liately after thtg
contract is siqneel by
the parties hereto
(whichever is later)
May 14, 1983 thru May 13, 1984 May 14, 1983
May 14, 1984 thru May 13, 1985 May 14, 1984
May 14, 1985 thru May 13, 1986 May 14, 1985
May 14, 1986 thru May 13, 1987 May 14, 1986
7. The Pier and Amusement Company acknowledges that in
addition to the aforesaid franchise fee its operations are
subject to all other applicable laws, includinq, but not limited
to state and municipal ordinances relating to noise and
nuisances, permits and licensinq, license taxes, admissions
taxes, and sales taxes.
8. The Pier and Amusement Company hereby aqrees and it
is distinctly understood that no business activities shall be
allowed or conducted or operated on the pier except the
following:
a) rental and sale of tackle and bait for fishina, both
natural and artifical
b) restaurant, the space of which shall not exceed an
area of 4,600 square feet
c) kite shop
d) beach and gift shop
e) bath house
f) game room
9) bicycle rental
9. It is hereby agreed and expressly understood that
on and after December 31, 1982, The Pier and Amusement Company
will not itself conduct or permit nor allow others to conduct or
permit any nuisance, dancinq, music, noise or other
1
-3-
-35-
sounds which are audible outside the buildinqs or structures
located on the pier.
10. It is hereby agreed anO expressly understood that
the rights, duties and privileges, and intereat qranted herein,
shall not be assignable without the consent and prior written
approval of the City of Virginia Beach.
11. If any provision(s) of this contract is declared
invalid by any tribunal, the remaining provisions of the contract
shall not be affected thereby.
12. It is expressly understood that the City reserves
the right to terminate, and/or cancel this franchiae at any time
The Pier and Amusement Compay violates or fails to comply with
any of the terms, conditions or duties stated in the invitation
to bid, the franchise dated May 14, 1962 (Exhibit 'A") or this
contract.
13. This contract represents the complete agreement of
the parties and may not be chanqed, modified, amended, enlarqed
or extended unless so stated in writing, and siqned by the
parties, and where required by law, approved by the City Council
of the City of Virginia Beach.
WITNESS the following signatures and seals.
CITY OF VIRGINIA BEACH
By
Thomas H. Nuehlenbeck
City Manaqer
Attests
Ruth Hodges Smith
City Clerk
VIRGINIA BEACH FISHING PIER, INC.
By
-4-
-36-
VIRGINIA BEACH AMUSEMENT COMPANY
(Also known as VIRGINIA REACH
FISHTNG PIER AND AMUSEMENT CO.)
By -1
Albert L. Bonney
General Partner
By
M @e La,7 man
General Partner
STATE OF VIRGINIA
C'ITY OF VIRGINIA BEACH, to wit:
I, a Notary Public
in and for the City and State aforesaid do hereby certify that
THOMAS H. MUEHLENSECK, City Manaqer, and RUTH HODGES SMITH, City
Clerk, for the City of Virginia Beach, whose names as such are
siqned to the foregoing writing bearinq date on the _ day of
19 have acknowledqed the same before me in my
City and State aforesaid.
Given under my hand this day of
1982.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
1, - Iff- , a Notary Public
in and for the City and State aforesaid do hereby certify that
SAM LACHMAN, President of the VIRGINIA BEACH PISHING PIER, INC.*
whose name as such is siqned to the foregoing writing bearinq
date on the /@ day of 19@ has acknowledged the
same before me in my City and state aforesaid.
Given under my hand thisl)91 day of
ig.r3.
vie
Notary PUb IC
My Commission Expires:
@6v. '3@1'3 -5- August 22, 1983
-37-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
1, a Notary Public
in and for the -eity State d hereby certify that
ALBERT L. BONNEY, General Partner of the VIRGINIA BEACH AMUSEMENT
COMPANY whose name as stich is signed to the foreqoing writinq
bearing date on the day of t l9c2-, has
f
acknowledged the same before me in my City and State aforesaid.
Given under my hand this ID day of @lA@
190.
Not Public
My Commission EXpires: -@y
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wi
a Notary Public
in and for the City and State aforesaid do hereby certify that
MILDRED LACHMAN, General Partner of the VIRGINIA BEACH AMUSEMENT
COMPANY, whose name as such is siqned to the foregoinq writinq
bearing date on the /(/ day of 194';L, has
acknowledqed the same before me in my City and State aforesaid.
Given under my hand this day of
I 9
Notary Public
My Commission Expires:
(A-48.12)
5/26/82
8/4/82
4/6/83
6/20/83
-6-
May 14, 1962
2.-30 P.M.
A Special Meeting of the Council of the City@of Virgini&'Beach!,.vas held in
the Council*Chambers on Mondv,'May 3.4,'1962 at 2:30 P.m., A3-1 the councilmen were
present.
On motion by Mr. TarraU, seconded by Mr. McCombs, and by unardmous vote
open bids on the VirgircLa Beach Fishing Pier were carr-ied over until 10:00 A.M.
may 15, 1962. The meeting'was adjourned until Tuesday, May 3,5, 1962 at 3.0-00 A.M.
.OnQ bid va3 received on Fishing Pier froTA Virginia Beach Pielriand Amusement
CompaTW. An invitation to bid as follows:
The City Council of the Pity of Virg:Lnia Beach asks bids an the.
construction and operatibn of a fishing itnd amusement pier in the
Citv of VirgiT]ia Beach on the oceanfront within the area between
Ilith and 15th Street and comencing at Ocean Avenue, North ap- -
proximately 100 feet from the northeast corner 6f 3Lhth Street ard
Ocean Avenue, thince eastwardly into the Atlantic Oceah.-
Any franchise awarded under this invitation shall be subject to:
1. That the construction will be in accordance with plans
and specific.ations furnished to the City E@gineer and approved
by said City Engineer prior to opetdng of bids.
2. That such Iiidder shall furnish with the bid, approval
of the United States Corps of Engineers for auch constmction.
3. Tha
t the maintenance and operation of the pier shall b
iii-acc6rdance with the'ordinance's of the City of Virgifta-Bea@h
and the I:aws of the Conr.,onwealth 'of.Virgini@
4. That the City Engineer and otber City officia:Ls shan be
allowed to enter upon sa4-d pier to inspect the pier and its
facilities at any and all times.
5. That all piling shall be made of steel including a3-l re-
placement pilings, unless otherwise approved by the City Entineer.
6..That the pier sha3.1 during the-entire period of the-said
franchise be kept and maintained in good physical order, upon the
@enalty of forfeiture of the said franchise at any time by resol-
utfon of the Ccyuncil of the City of Virginia Beach if the same is i-.
in their opinion improperly maintained, and :Lf for any reason the
said pier is discontinued or not further used, the franchisse
hereby covenants to re-nove the same.
7. That all necessary and proper license be obtained and all
speiial taxes req-..dred by the City of Virginia Beach be pmmptly
p4id.
That the,franchisee wil-I pay to@the.City,prcM@3* in ac-
cordan;e with thi igried terms t@-e -s'um bid f6r the franchise.
9. That the franchisie shall @rovide a'dequate off-street
parking immediateli adjacent to the pier site.
,10.That constmction will be connenced within fifteen (15)
da:ys of the awarding of the franchise and expediously completed.
ll..That the franchi3ee agrees to indemniff and hold the City
of Virginia Beach free and harmless from liab@lity on account of
injury and damage to person or property growitig out of the opera-
tion of the business on said pier or by reason of the construction
or repair thereof and in the event that.suit be brou@.ht against the
City of Virginia Beach either independently or jointly, with fran-
chisee or others.on aecount of this tranchise; the 3aid franchisee will
defend the City in ariy such suit at franchisp,.Ia cost and will pay any
judgerient which may be secu@d against'@.he City either :Endependently
or jointly with franchisee or:others; and furth6r that franchisee @l
furnish the City a policy 01"insurance u-ith aome insurance company
acceptable to the City to insure the City aeainst arq 3uch liability.
12. That before any ri-ihts or privili!ees granted herein are
exercia@d by the franchisee the franchisee 3hall execute a bond
with good and sufficient security pvyable tothe City of Virgirla Beach
in tho Drinci@al @ of Fiie Thousand ($5,000-00) Dollarsil conditioned
upon the comnliance with tho,'terms of this'franchise.the full amount
of.which bohd shall be -co.Uectable as.liquidated damage3 for any fail-
"39-
ure on the part of the holder thereof to ecnply wit), the terns of said
frAnchise- The said bcnd to *continue in full force and effect throu@h-
ou-I the life of sajd franchise.
-@ 13.That @dfranchise i3 to extend for a period of twenty (20)
years or bntil such franchise shau be revoked for railure to comply
with the terms of such franchise or for other good cause.
@ IL.That if the City of Virginia Beach determines that the exis-
tence of a pier at this location hinders the normal flow of satid along
the beach front, the franchisee agrees to make such nece3sary correc-
tions as the City may require.
The City reserves the right to refuse all bids.
JLU bids sha3.1 be -eturnable to the Clerk of the Cit-y Council on or be-
fore Monday, Yay 14, 1962, at 2:30 o'clock p.m., at which time all bids
will be opened.
Approved for advertisement by Virginia Beach City Council h/2/62.
C.ITY. OF VIRGINIA BEACH
By_ Levis E. Smith
Cler y Counci.1
The foll@ng bid is from the Virginia Beach Pier and Amusement company:
Virginia Beach Pier and AmusLment Company aubmits its bid to construct
.and operate a Fishing and Amusement Pier in the City of Virgirda Beach
on the ocean front, within the area between 14th and 15th Streets, in
the City of Virgirda Beach, commencing on Ocean Avenue north approxi-
mately one hundred (1001) feet from the northeast ecrner of lhth
Street and Ocean Aventie; thence easterly into the Atlantic Ocean; and
agrees that if awarded the franchise that it lwiu construct a pier
in accordance with plans and specificiations furnished by the City
Engineers and 3taths that it has submitted it3 plans to the City En-
gineers.
TFAT it has aD val of the Ar7kv Engineers, and that it will operate
.Pro
and maintain the pier in accordance -dith the ordinances of the City
of 'Virginia Beach and the law3 of the Connonwealth of Virgirda, and
that it will.comply with all the conditions and provisions set forth
in the invitation to bid the aame as if incorporated in this bid, and
that it will pay to the City cfr the franchise, in additicn to the com-
pliance with the Drovisions of the invitation, the 3um of Three Thousand
($3,000.00) Dollars per year, and pay in addition thereto the same fees
and other costs as aDDlicable to all other merchants oderating 3imilar
businesse3 in the Cii@ of Virginia Beach, That all suc@ ccet3 and fees
shau be in accordance with the rules and regulations per3cribed by
the City Council for the City of Virgina Beach or it3 duly designated
representatives.
%u
This bid is inde in accordancii vith'the i@tation duly published bv
the dity of Virginia Peach and if this bid is accepted, the under-
3igned agrees to ccmwnce work promptly and prosecute the constructiidn
of the pier to cc.Tvielion promatly in accordance with the ln%,Jtation.
VIRGINIA ?Ekci! PIM A"'D CO.
4J
iacem L. =orne,.,,
Sa-*d -@d Acce:)ted:
City of Virgirda Beach
By
W. Rus3ell Hatchettp City nager
On motion of @. Caton, seconded by ftr. Tarrall and by unanimou3 vote the bid
or'the Virginia Beach Pier and Airusement Comoany was accepted.
'-!if re t-,:in@ nc- i*iir:!i- r I.I.@ r., i,:In:
-40-
Item II-G.11
CONSENT AGENDA ITEM # 20497
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing the acquisition, in fee simple, of
property adjacent to the Norfolk-Southern Railroad right-of-way aty or
abouty its intersection with First Colonial Road by either agreement or
condemnation for the purposes of locating and maintaining a water trans-
mission line.
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
August 22, 1983
-41-
REQUESTED BY: DEPARTMENT OF PUBLIC WORKS
AN ORDINANCE AUTHORIZING THE ACQUISITION
IN FEE SIMPLE OF PROPERTY ADJACENT TO THE
NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY AT
OR ABOUT ITS INTERSECTION WITH FIRST COLONIAL
ROAD BY EITHER AGREEMENT OR CONDEMNATION FOR
THE PURPOSES OF LOCATING AND MAINTAINING A
WATER TRANSMISSION LINE
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
location and maintenance of a water transmission line in the
above-referenced location to provide water to the citizens of the
City and for other public purposes for the preservation of the
safety, health, peace, good order, convenience, and welfare of
the citizens of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Attorney is hereby authorized to acquire
by purchase or condemnation, pursuant to Title 15.1, Code of
Virginia, 1950, as amended, fee simple ownership of that certain
property shown on the plat entitled "PLAT SHOWING PROPERTY OF
WINDSOR INVESTORS, LTD. AND WATER LINE WHICH CROSSES THIS
PROPERTY SOUTH OF NORFOLK AND SOUTHERN RAILWAY TRACT EAST OF
FIRST COLONIAL ROAD IN OCEANA, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA," dated July 7, 1981, prepared by Basgier's &
Associates, and on file in the City Attorney's Office and
Department of Public Utilities, Virginia Beach, Virginia.
That the City Attorney is hereby authorized to make or
cause to be made on behalf of the City of Virginia Beach, to the
extent funds are available, a reasonable offer to the owners or
persons having an interest in such lands; if refused, the City
Attorney is hereby authorized to institute proceedings to condemn
said property.
That an emergency exists and this Ordinance shall be in
full force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 22nd day of August 1983.
RHm/da APP-OVED t@@ T,) CCIITEt4T
(B.1)
7/2 8/8 3
8/15/83
@A,
-42-
Item II-G.12
CONSENT AGENDA ITEM # 20498
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED the low bid of E. G. MIDDLETON, INC. in the amount of
$27,940 for the Lynnhaven Park Softball Field Lights (CIP 4-916); AND,
authorized the City Manager to enter into the necessary agreements for the
implementation of this project.
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
August 22, 1983
-43-
Item II-G.13
CONSENT AGENDA ITEM # 20499
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED the low bid of WINKELMAN, INC. in the amount of $131,900
for the Stumpy Lake Watershed Improvements Project, Phase Ill (CIP 2-815);
AND, authorized the City Manager to enter into the necessary agreements
for the implementation of this project.
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, TTI, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1983
-44-
Item II-G.14
CONSENT AGENDA ITEM # 20500
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED a Raffle Permit for Thalia-Malibu Recreation League.
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
August 22, 1983
-45-
Item II-G.15
CONSENT AGENDA ITEM # 20501
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing Tax Refunds upon application of
certain persons and upon certification of the Treasurer for payment in the
amount of $9,612.83.
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
August 22, 1983
NO. C.A. 7 -46- 8/9/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Dat" Penalty I nt. Total
Y ear of Tax Number tion No. Paid
deral National Mortgage 83 RE(1/2) 80476-7 11/3/82 6,048.40
cille Grimstead 83 RE(1/2) 32579-4 12/5/82 146.76
ke Holly Ltd 83 RE(2/2) 80235-9 5/12/83 165.48
tual Federal S& L 80 RE(2/2) 4480-4 6/5/80 10.28
tual Federal S& L 81 RE(1/2) 35978-6 12/5/80 10.74
tual Federal S& L 81 RE(2/2) 35978-6 6/5/81 10.74
tual Federal S& L 82 RE(1/2) 37338-6 12/5/81 11.61
tual Federal S& L 82 RE(2/2) 37338-6 6/5/82 11.61
tual Federal S& L 83 RE(1/2) 38599-7 12/5/82 13.39
aboard Associates 81 RE(1/2) 67420-3 10/22/80 14.78
aboard Associates 81@ RE(2/2) 67420-3 5/12/81 14.78
aboard Associates 82 RE(1/2) 70511-6 10/20/81 15.88
board Associates 82 RE(2/2) 70511-6 5/10/82 15.88
tual Federal S& L 80 RE(1/2) 64211-4 12/5/79 4.44
tual Federal S& L 80 RE(2/2) 64211-4 6/5/80 4.44
tual Federal S& L 81 RE(1/2) 76073-4 12/5/80 4.02
tual Federal S& L 81 RE(2/2) 76073-4 5/15/81 4.02
tual Federal S& L 82 RE(1/2) 79263-7 11/10/81 5.40
tual Federal S& L 82 RE(2/2) 79263-7 6/5/82 5.40
ods Corner Associates 82 RE(1/2) 86479-2 4/8/82 411.79
ods Corner Associates 82 RE(2/2) 86479-2 6/1/82 362.75
urel & Allen Swenson 83 pp 138739-5 5/20/83 21.00
lliam S Amos 83 pp 2822-1 5/8/83 25.50
nderosa System Inc 82 pp 100686-5 6/5/82 1,899.42
an Shek Yui 82 pp 148276-3 12/3/82 229.50
hn E Luke 83 pp 88081-6 5/25/83 18.70
irley Sheppard 83 pp 128527-2 5/20/83 66.12
ckie A Shaffer 83 Pkng 65872 7/7/83 10.00
lliam Martin 83 Pkng 4702 7/7/83 10.00
niel M Thornton 83 Pkng 7 7/5/83 20.00
nald Hoel 83 Pkng 73759 6/29/83 20.00
.7r,
AUG I0 lbd3 Total 9,612.83
D-r-_PT. ()F LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling en
$9612.83 were approved by
the Council of the City of Virginia
Beach on the2,2-day of Auguqt. 1983.
John r
App as to form:
Ruth Hc)dges Smith
City Clerk
Dale E3 imson'.' City Attorne-y
-47-
Item 11-G.16
CONSENT AGENDA ITEM # 20502
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED Ordinances authorizing license refunds upon application of
certain persons and upon certification of the Commissioner of the Revenue
in the amounts of $1,823.93 and $535.14, respectively (totaling $2,359.07).
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
August 22, 1983
-48-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
DE-IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the fOllOwing applications for license refunds, upon certificatiol
of the Commissioner Of the Revenue are hereby approved:
TOTAL
.58 79 9. 58
ather Image Inc 1983 6/5/83 384.60 384.60
05 Edinburgh Dr.
Beach, Va. 23452
Beach Real Estate Assoc
th and Atlantic Ave. 1983 6/1/83 614.75
Beach, Va. 23451 614.75
lfoliday Inn
PP, William T.
09 E. SayshOre Drive
Beach, Va. 23451
William T. Rapp (See Letter 1983 5/31/83 25.00 25.00
Certified as to Payment:
IQ
-nv
Col Revenue
Approved as to form:
Y Attorney
The above abatement(s) totaling $ 1,823.93 ---re approved by the
ncil of the CitY Of Virginia Beach on the 22nd day of t
83
-49-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE.IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
E
NAME YEAR PAID BASE PENALTY INT. TOTAL
seph Brown
0. Box 5244
Beach, Va. 23455 1983 6/3/83 407.39 407.39
siness Closed (Pro-rated)
nboy, Harry S. - Maybelle U.
Conboy Enterprises
01: Providence Rd. 1979-82 See Audit Statement 127.75
Beach, Va. 23464
Certified as to Payment:
AUG l') 'iv Ivan D PFapp
Commis;ioner of Revenue
Approved as to form:
L)'r-_PT. OF LAW
L)F-PT. C)F LAW J. Dale giffison
City Attorney
The above abatement(s) totaling $ 535.14 -were approved by the
council of the City of Virginia Beach on the 22nd day of August
19 83
Ruth Hodges Smith
City Clerk
August 22, 1983
-50-
Item II-H.1
PLANNING ITEM ITEM # 20503
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DEFERRED to September 6, 1983, FINAL APPROVAL on an Ordinance
closing, vacating and discontinuing a portion of an unimproved alley located
between Virginia Beach Boulevard and 18th Street in the petition of PETER
J. GUALENI AND JOSEPH J. GUALENI (Lynnhaven Borough). This closure was
approved on February 14, 1983, subject to conditions being met within 180
days.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, E. 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
August 22, 1983
-51-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF TIIAT CERTAIN STREET OR ALLEY AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAN OF PROPERTY PRO-
POSED ALLEY CLOSURE BEING THE WESTERtl MOST PORTION
OF THE ALLEY LOCATED IN BLOCK 3 PLAT OF ATLANTIC
INVESTMENT COMPANY M. B. 55 P. 33 LYNNHAVEN BOROUGH
VIRGINIA BEACH, VIRGINIA", DATED SEPTEMBER 15, 1982,
MADE BY GALLUP SURVEYOR.C a ENGINEERS, LTD., WHICII
PI,AT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Peter J. Gualeni and Joseph J. Gualeni, that they
would make application to the Council of the City of Virginia
Beach, Virs.,inia, on to have the hereinafter
described stre@et or alley, discontinued, closed, and vacated;
and
WREREAS, it is the judgment of the Council that said
street or alley be discontinued, closed, and vacated;
NOT-1, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street or alley
be discontinued, closed, and vacated:
The westernmost portion of the alley located
in Block 3, Plat of Property of the Atlantic
Investment Company, recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 55,
page 33, beginning at a point in the southern
right of way line of the aforesaid alley where
it intersects with the northwest corner of
Lot 2, in Block 3, on the aforesaid plat of
the Property of the Atlantic Investment Company,
said point of beginning being 141.18 feet north
of 17th Street, 60' (R/W), as M-easured along
the western boundary line of said Lot 2, in
Block 3, on the aforesaid plat, and from said
point of beginninl- thence running N 05* 30' E
for a distance of 20.17 feet to a point; thence
running in an easterly direction along the
southern boundary line of Lots 30, 29 and 28,
in Block 3, on the aforesaid plat of property of
the Atlantice Investment Coripany N 88' 05' 35" E
for a distance of 90.60 feet to a point; thence
running in a southerly direction S 01* 54' 25" E
for a distance of 20.00 feet to a point in the
August 22, 1983
-52-
northeast corner of Lot 5 in Block 3, on the
aforesaid plat of Property of the Atlantic
Investment Company; thence running in a
westerly direction along the northern boundary
line of Lots 5, 4, 3 and 2, in Block 3, on the
aforesaid plat of Property of Atlantic Invest-
ment Company S 88* 05' 35" W for a distance
of 93.20 feet to a point, the point of beginning.
Said parcel of land being a portion of a street or alley,
as shoi,?n on that certain plat entitled "Plan of Property Proposed
Alley Closure Being the Western Most Portion of the Alley Located
in Block 3 Plat of Atlantic Investment Company M. B. 55 P. 33
Lynnhaven Borough Virginia Beach, Virginia", dated September 159
1982, made by Gallup Surveyors & Engineers, Ltd., which plat is
recorded in the Clerk's Office of the Circuit Court of the City
of Vir-inia Beach, Virginia, in Map Book
at page
and which is made a part hereof by reference.
SECTION II
A certified copy of the Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach, indexed
in the name of the City of Virginia Beach, as grantor.
S@E@,@-TION III
Adopted by the Councit o6 t,'te city 06 Vi/Lginia Beach, Vitginia,
on the Foutteentit day o6 Febtua)ty, 1983.
Apptovat is subject to the Jottowing:
1. The appt.@cant wizt zubmit a tettell cetti6ying that
Lot No. 11, a6 6hown oii tlie attached ptat, i6
abu-tted by a City ztteet.
2. Retentioii o6 a utitity easement ovet the entite
c@,ca paoposed 60t cfo,5ute.
3. Beiote the 4epatate paopetty owneA4 adjacent to the
sl@,Leet cait utitize the ceo,6ed pottion o6 the zt4eet,
'o buitdiiig ot 6etback pukpo,6es, the ptope ty mtL,6t
be subdivided to incokpoaate the cto4ed aaea into
adjoini@tg patcets, a@id tlie owne,% muat Aubmit deed's
o@ eaaement ovet the City 6ot utitity putpo4ea,
acceptabte to the City Atto&ney.
4. Coinptiance with the above-stated condition4 within
180 days and 6inat apptovat by City Councit bhoutd
itct take ptace untit att conditionz a&e met.
(Section Ill 06 the attaclied OAdinance witt be
cofiipteted when Councit ha6 decided the conditiona
hat-c beeit met.)
-53-
Item 1I-H.2
PLANNING ITEM ITEM # 20504
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council DEFERRED to September 6, 1983, FINAL APPROVAL on an Ordinance
closing, vacating and discontinuing a 24-foot unnamed right-of-way in the
petition of RICHARD H. KLINE (Lynnhaven Borough). The applicant requests
that certain of the conditions established in the original approval on
April 4, 1983, be deleted.
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
August 22, 1983
-54-
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING THAT CERTAIN
UNDEVELOPED RIGHT-OF-WAY TWENTY-FOUR
FEET (241) It; WIDTH LOCATED
IN LYNNHAVEN BOROUGH, CITY OF
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Richard H. Kline would make
application to the City Council of the City of Virginia Beach,
Virginia, to have the hereina:fter described undeveloped right-
of-way twenty-four feet (241) in width closed, vacated and dis-
continued as duly posted; and
WHEREAS, the Petitioner as owner of the property abutting
said street which is affected by its closure has requested the
said street to be closed; and
WHEREAS, application was made to the City Planning Com-
mission and to the City Council, and, pursuant to the statutes
in such cases made provided, the Council appointed Viewers who
have reported to the Council that no inconvenience to the public
or to private individuals would result from such closing, va-
cating and discontinuance; and
'AHEREAS, it is the judgment of the Council that the said
street should be closed, vacated and discontinued;
NOW, THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
Section 1: That the said undeveloped right-of-way twenty-
four feet (241) in width located in Lynnhaven Borough, City of
Virginia Beach, Virginia, is herebv closed, vacated and discon-
tinued, said right-of-way not being needed for oublic use:
ALL that certain undeveloped right-of-way situate
in the Lynnhaven Borough of the City of virginia
Beach, Virginia, twentv-four feet (241) in width
running north between parallel lines from the
northern right-of-way line of Southern Boulevard
(which is that certain twenty-four foot street
running adjacent to Norfolk and Southern Railroad)
a distance of 222 feet as shown on that certain
@ILW- map of "Property of W.R. Payne, located at LynnhaVen
20=@n- in Princess Anne Co., Va., Scale l' = 1001, April
VA 22482
24, 1946, W.B. Gallup - County Surveyor", which map
is recorded of record in the Clerk's office of the
Circuit Court of the City of Virginia Beach, virginia
in Map Book 18, at Page 20.
August 22, 1983
-55-
Section 2: That thirty (30) days after this date, a copy
of this ordinance, certified by the Clerk, be spread upon the
public records in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in a like manner
as a deed of lands.
Section 3: This Ordinance shall be effective thirty (30)
days from the date of its adoption.
This ORDINANCE NO. enacted and approved this
day of 1983.
-4T
-2-
-56-
CERTIFICITE OF VRSTING TITLE
I, William R. Vlahab, attorney for Richard H. Kline, do her@
certify that:
1. I am an attornev at law and renresent Richard H.
Kline, the petitioner.
2. If the proverty described below is discontinued,
closed and vacated bv the Council of the City of Virginia
Beach, Virginia, then title to said property will vest in
Richard H. Kline, the adjacent landowner on both sides,
subje.ct to utilities and drainage eas-onts previously granted
to the City of Virginia Beach.
The said nroperty referred to herein is heteby described
as follows:
ALL that cer-ain undeveloped right-of-wav situate
in th6 Lynnhaven 3orough of the City of Virginia
Beach, Virqinia, twenty-four feet (241) in width
running nortli between Darallel lines from the
nort.h6rn right-of-way line of Southern Boulevard
(which is that certain twenty-four foot street
running adjacent to Norfolk and Southern 'tailroad)
a distance of 222 feet as shown on that certain
maD of 'Property of W.R. Payne, located at Lynnhaven
in Princess Anne Co., Va., Scale 11 - 1001, Acril
24, 1946, i-I.B. GalluD - County Surveyor", which
map is recorded of record in the Clerk's Office of
t,lie Circuit Court of the City of Virginia Beach,
Virginia in !tao Book 18, at Page 20.
WR!4:mer
August 22, 1983
-5 7-
Item II-H-3
PLANNING ITEM TTEM # 20505
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
ADOPTED a Resolution authorizing consent of the City of Virginia Beach to
the amendment of certain restrictive covenants and conditions: ATLANTIC
PERMANENT SAVINGS & LOAN ASSOCIATION (Corporate Designs, Limited -
August 28, 1978). (Resolution hereby made a part of these proceedings.)
Voting: 10-1
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, 111, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
August 22, 1983
-58-
CITY OF VIRGINIA BEACH, A MUNICIPAL
CORPORATION OF THE COMMONWEALTH OF
VIRGINIA
TO (RESOLUTION AUTHORIZING CONSENT
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, A MUNICIPAL CORPORATION
OF THE COMMONWEALTH OF VIRGINIA,
THROUGH ITS GOVERNING BODY, THE
CITY COUNCIL, TO THE AMENDMENT OF
CERTAIN RESTRICTIVE COVENANTS AND
CONDITIONS
ATLANTIC PERMANENT SAVINGS & LOAN
ASSOCIATION
WHEREAS, an instrument setting forth certain
covenants and restrictions, dated September 30, 1978,
running with a certain parcel known generally as 301 36th
Street, Virginia Beach, Virginia, and legally described as
Parcel Q, Map of Linkhorn Park, Property of Virginia Beach
Development Co., and Adjacent Properties, dated November
1916, and recorded in the Clerk's Office of the Circuit
Court of the City of virginia Beach, Virginia, in map Book
5, at page 151, was recorded in said Clerk's Office on
February 19, 1981, in Deed Book 1863, at page 773 and
following; and
WHEREAS, said covenants and restrictions were
properly amended pursuant to resolution of the City Council
of the City of Virginia Beach, Virginia, adopted on February
9, 1981, and recorded in the Clerk's Office aforesaid in
Deed Book 2093, at page 197 and following; and
WHEREAS, the present record owner of the property
affected, that is, the grantee herein, has requested,
pursuant to law and pursuant to the authority therefore set
forth in the original covenants and restrictions, a further
amendment thereto; and
WHEREAS, proper notice in accord with the restric-
tions as amended and in accord with law and in accord with
Code of Virginia, Section 15.1-431, has been held before the
grantor; and
August 22, 1983
-59-
WHEREAS, the amendment set forth hereinafter as
petitioned for by the grantee is in accord with good zoning
practice and in the public interest;
NOW, THEREFORE, BE IT RESOLVED that the City of
Virginia Beach, through its governing body, the City Council
of the City of Virginia Beach, Virginia, after a duly
advertised public hearing in accord with Code of Virginia,
Section 15.1-431, and in accord with the procedure therefor
set forth in the said restrictions as amended hereby, con-
sents to the amendment of those covenants and restrictions
recited hereinabove as heretofore amended so as to insert
the following language in paragraph (1) in line 4 thereof
between the word,"decorators" and the word "provided": "and
any type of general office use allowed in the 0-1 office
District";
Be it further RESOLVED that a certified copy of
this resolution shall be recorded at the expense of the
grantee in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in the name of
both the grantor and grantee, provided prior thereto the
grantee shall execute such copy of this resolution in the
space provided hereinbelow as record owner; whereupon, upon
recordation of a certified copy hereof executed by the
grantee (Atlantic Permanent Savings & L<)an Association), as
the record owner of the subject property, consented to by
the City, as evidenced by this resolution, the covenants and
restrictions as heretofore amended shall be thereby amended
as set forth hereinabove with no separate instrument of
amendment being required.
Adopted by the City Council of the City of
Virginia Beach, Virginia, on the 22nd day of August
1983.
August 22, 1983
-60-
Certified to be a true excerpt from the minutes of
the Council of the City of Virginia Beach, Virginia, the
22nd day of August 1983.
RUth Hodge's Stnith, City
Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was executed by Atlantic
Permanent Savings & Loan Association as the record owner of
the subject property through its duly authorized officer,
, who, after being by me first
duly sworn, signed and acfno-wledged the foregoing instrument
as the act of Atlantic Permanent Savings & Loan Association
pursuant to due authority.
ATLANTIC PERMANENT SAVINGS &
LOAN ASSOCIATION
By:
Given under my hand this day of
1983.
Notary Public
My commission expires on the _ day of
19
VIRGINIA:
In the Clerk's Office of the Circuit Court of virginia
Beach, this day of , 1983, at
this instrument was receive an , upon the certi icate o
acknowledgment thereto executed, admitted to record. The
tax imposed by paragraph 58-54.1 of the Code of Virginia has
been paid in the amount of $
Teste:
J. CURTIS FRUIT, Clerk
By:
Mary E. Cooper, D. C.
August 22, 1983
-61-
Item II-H.4
PLANNING ITEM ITEM # 20506
Attorney Robert C. Miller represented the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of JOHN P. AND JEANETTE
HTCHFILL for a Change of Zoning from A-1 to A-2 per the following:
ORDINANCE UPON APPLICATION OF JOHN P. AND JEANETTE
HIGHFILL FOR A CHANGE OF ZONING FROM A-1 TO A-2
ordinance upon application of John P. and Jeanette D.
Highfill for a Change of Zoning District Classification
from A-1 Apartment District to A-2 Apartment District
at the southeast corner of Alabama Avenue and Garfield
Avenue on Lots 1 through 9, Block 8, Pecan Gardens.
Said parcel contains 22,762 square feet. PRINCESS
ANNE BOROUGH.
Voting: 10-1
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, and
Meyera E. Oberndorf
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
*Verbal Aye.
August 22, 1983
-62-
Item 11-H.5
PLANNING ITEM ITEM # 20507
Attorney Robert Cromwell represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of WILLIAM-ROBERT
AND COMPANY for a Change of Zoning from B-2 to A-2 per the following:
ORDINANCE UPON APPLLCATION OF WILLIAM-ROBERT & CO.
FOR A CHANGE OF ZONTNG FROM B-2 TO A-2 (MODIFIED
FROM A-3) Z0883744
BE IT ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon application of William-Robert & Co.
for a Change of Zoning District Classification from
B-2 Community-Business District to A-2 Apartment
trict (modified from A-3) on certain property located
at the northeast corner of Newtown Road and Broad
Meadows Boulevard, running a distance of 201.08 feet
along the north side of Newtown Road, running a
distance of 160.83 feet along the eastern property
line, running a distance of 220 feet along the northern
property line and running a distance of 186.86 feet
along the east side of Broad Meadows Boulevard. Said
parcel contains 37,767 square feet. BAYSIDE BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. On-site retention of storm water.
It is also agreed that the following condition will be met:
1. Modified to A-2 Apartment District.
Prior to the changing of the official zoning map, the following condition
will be met:
1. A 10-foot dedication along the frontage on Newtown Road, 45 feet
from the centerline of the exisitng 80-foot right-of-way to
provide for an ultimate 90-foot right-of-way as per the Master
Street and Highway Plan. Sufficient right-of-way exists along
Broad Meadows Boulevard.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Second day of August, Nineteen Hundred, Eighty-Three.
August 22, 1983
-63-
Item IT-H.5
PLANNING ITE4 TTEM # 20507 (continued)
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
August 22, 1983
-64-
Item TI-H.6
PLANNING ITEM ITEM # 20508
Representing the applicant were Leigh Ansell, Attorney; Don Chapman,
Architect; and, Larry Goldrich, Developer.
Sam Houston, attorney, represented the elderly.
Charles Oates spoke in opposition and presented a petition (hereby made a
part of the recard).
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of CHESAPEAKE INVESTMENT
CORPORATION for a Change of Zoning from A-1 to A-2 per the following:
ORDINANCE TJPON APPLTCATION OF CHESAPEAKE TNVESTMENT
COMPANY, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE
OF ZONING FROM A-1 TO A-2
Ordinance upon application of Chesapeake Investment
Company, A Virginia General Partnership, for a
Change of Zoning District Classification from A-1
Apartment District to A-2 Apartment District on
certain property located on the west side of College
Park Boulevard beginning at a point 300 feet more or
less north of Chestnut Hill Road, running a distance
of 1145 feet along the west side of College Park
Boulevard, running a distance of 268.73 feet along the
northern property line, running a distance of 998.88
feet along the western property line and running a
distance of 432 feet along the southern property
line. Said parcel contains 8.2 acres. KEMSPVILLE
BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
Council Members Absent:
None
August 22, 1983
-65-
Item II-H. 7
PLANNING ITFM ITEM # 20509
Attorney Robert Cromwell represented the applicant.
Attorney Henry Sadler represented the Lake Shores Civic League in opposition
to the application.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council DEFERRED to September 26, 1983, Ordinances upon application of
JOHN W. SMTTH for Changes of Zoning from R-3 to A-3; AND, from B-2 to A-3
per the following:
ORDINANCE UPON APPLICATION OF JOHN W. SMITH FOR A
CHANGE OF ZONING FROM R-3 To A-3
Ordinance upon application of John W. Smith for a
Change of Zoning District Classification from R-3
Residential District to A-3 Apartment District on
certain property located on the south side of Sbore
Drive beginning at a point 1510 feet more or less
west of Independence Boulevard, running a distance
of 689.79 feet along the south side of Shore Drive,
running a distance of 900 feet more or less along the
western property line, running a distance of 330 feet
along the southern property line and running a
distance of 760 feet along the eastern property line.
Said parcel contains 9.373 acres. BAYSIDE BOROUGH.
AND,
ORDTNANCE UPON APPLICATION OF JOHN W. SMITH FOR A
CHANGE OF ZONING FROM B-2 To A-3
Ordinance upon application of John W. Smith for a
Change of Zoning District Classification from B-2
C(Ymmunity-Business District to A-3 Apartment Dis-
trict on certain property located on the south side
of Shore Drive beginning at a point 860 feet more
or less west of Independence Boulevard, running
a distance of 650 feet along the south side of Shore
Drive, running a distance of 760 feet more or less
along the western property line, running a distance
of 405.98 feet along the southern property line,
running a distance of 50 feet in a northwesterly
direction, running a distance of 90 feet in a north-
easterly direction, running a distance of 120 feet
in a westerly direction and running a distance of
470 feet more or less along the eastern property line.
Said parcel contains 10.627 acres. BAYSIDE BOROUGH.
August 22, 1983
-66-
Item II-H.7
PLANNING ITEM ITEM # 20509 (continued)
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. Kitcbin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1983
-67-
Item II-H.8
PLANNING ITEM ITEM # 20510
A letter from Attorney Grover Wright requesting deferral of this item
was read by the City Clerk.
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council DEFERRED until September 6, 1983, Ordinances upon application of
WALTER F. CHOW for a Change of Zoning from R-6 to B-2; AND, a Conditional
Use Permir for mini-warehouses, per the following:
ORDINANCE UPON APPLICATION OF WALTER F. CHOW FOR
A CHANGE OF ZONING FROM R-6 TO B-2
Ordinance upon application of Walter F. Chow for a
Change of Zoning District Classification from R-6
Residential District to B-2 Community-Business Dis-
trict on certain property located on the south side
of Virginia Beach Boulevard beginning at a point 730
feet east of Fair Meadows Road, running a distance
of 220 feet along the south side of Virginia Beach
Boulevard, running a distance of 562 feet along the
eastern property line, running a distance of 210
feet along the southern property line and running
a distance of 590 feet along the western property
line. Said parcel contains 2.6 acres. BAYSIDE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF WALTER F. CHOW FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
ordinance upon application of Walter F. Chow for a
Conditi.bnal Use Permit for mini-warehouses on
certain property located on the south side of
Virginia Beach Boulevard beginning at a point 730
feet east of Fair Meadows Road, running a distance
of 220 feet along the south side of Virginia Beach
Boulevard, running a distance of 562 feet along the
eastern property line, running adistance of 210
feet along the southern property line and running
a distance of 590 feet along the western property line.
Said parcel contains 2.6 acres. 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, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1983
-68-
Item 11-H.9
PLANNING ITEM ITEM # 20511
Mrs. Joan G. Eckert represented herself.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of THOMAS R. AND
JOAN G. ECKERT for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF TIIOMAS R. AND JOAN G.
ECKERT FOR A CONDITIONAL USE PERMIT FOR A FOUR-
ROOM ADDITION TO A SCHOOL R0883571
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Thomas R. and Joan G.
Eckert for a Cbnditional Use Permit for a four-room
addition to a school on certain property located
at the northeast corner of Shore Drive and Treasure
Island Drive, running a distance of 200 feet along
the north side of Shore Drive, running a distance
of 165 feet along the eastern property line, run-
ning a distance of 200 feet along the northern pro-
perty line and running a distance of 165 feet along
the east side of Treasure Island Drive. Said parcel
contains 33,000 square feet. BAYSIDE BOROUGH.
The following may be required by the staff:
1. City water and sewer.
2. Installation of an automatic fire alarm system meeting the
requirements of the City Fire Protection Engineer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Second day of August, Nineteen Hundred, Eighty-Three.
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
August 22, 1983
-69-
Item II-B.10
PLANNING ITEM ITEM # 20512
TJpon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City
Council DENIED the amendment to Section 613(a);
AND,
APPROVED the amendment to Section 633(a) of Article 6 of the Comprehensive
Zoning Ordinance pertaining to minimum lot area in the A-2 and A-4 Apartment
Districts.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, 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
August 22, 1983
-70-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTIONS 613(a) AND 633(a)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MINIMUM LOT AREA
IN THE A-2 AND A-4 APARTMENT DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 613, Minimum lot area, lot width, yard spacing,
recreation space, and maximum density and lot coverage regulations, of the C.Z.O.
be amended and reordained in part as follows:
(a) The minimum lot area for multiple family, single-family, duplex and
semi-detached dwellings and lodging use (as a principal use) shall
Rat be less-than-twemty-thousaRd-@2gygQG4 fourteen thousand
square feet; provided, however' that the minimum lot area r e;ocho)
section of semi-detached dwellings shall be five thousand (5,000)
square feet. No minimum lot area shall be required for any off-street
parking facility located on a zoning lot other than the zoning lot on
which the principal use is situated, to meet parking requirements of a
pemitted use; and provided further, that the minimum lot area for any
use other than as hereinabove provided shall (not) be less than forty
thousand (40,000) square feet; provided further that the minimum lot
area for churches (shall) be three (3) acres.
That Article 6, Section 633, Minimum lot area, lot width, yard spacing,
recreation space, maximum density, height and lot coverage regulations, of the
C.Z.O. be amended and reordained in part as follows:
(a)
FR4tted-usects-and-ppevtded-further-that The minimum lot area S42e for
any use other than as-here*Rabove-ppevtde4 dwellin :nd 10 se
shall be not-less-thar forty thousand (40,000 squ!r Teetdgi7geu
minimum lot area for churches shall be three (3) acres.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1983. APPROVED AS TO CONTFNT
*August 22, 1983, DENIED the amendment
to Section 613(a).
*August 22, 1983, ADOPTED amendment
to Section 633(a).
(:ITY August 22, 1983
-71-
Item II-I
APPOINTMENTS ITEM # 20513
By consensus, Council RESCHEDULED the following appointments:
1. Community Corrections Resource Board
2. Development Authority
3. Pendleton Project Management Board
August 22, 1983
-7 2-
Item II-J
UNFINISHED BUSINESS ITEM # 20514
A motion was made by Councilman Jennings and seconded by Councilman Heischober
to REPEAL Section 38-6 of the Code of the City of Virginia Beach, which per-
tains to the permits for the purchase of certain weapons.
Upon SUBSTITUTE MOTION by Councilwoman McClanan, seconded by Councilman Baum,
City Council DEFERRED action on this item until further information is re-
ceived from the City Attorney.
Voting: 7-4 (STJBSTLTUTE MOTION)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TIT,
Reba S. McClanan
Council Members Voting Nay:
Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr.,
D.D.S., Meyera E. Oberndorf
Council Members Absent:
None
August 22, 1983
-73-
Item II-K.1
NEW BUSINESS ITEM # 20515
Attorney Hugh Patterson represented the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED a Resolution of consent in accordance with Section 36-23
of the 1950 Code of Virginia, as amended, declaring there exists a need
for the Suffolk Redevelopment and Housing Authority to exercise the powers
granted under Article TV, Title 36, as amended, for the benefit of the
citizens of the community and thereby authorized the issuance of tax-
exempt bonds under TEFRA Regulations to finance the Oak Springs Development
i.n Virginia Beach, Virginia.
Voti.ng: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
W. E. Kitchin, TIT, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
August 22, 1983
-74-
R E S 0 L U T I 0 N
IIHEREAS, Clark-Whitehill Enterprises, Inc. (the
"Developer") desires to construct housing in the City of
Virginia Beach; and
WHEREAS, the City of Virginia Beach wishes to
induce construction of housing in order to provide needed
apartment dwellings; and
WHEREAS, the Developer desires to finance the
development of said housing with the proceeds of industrial
revenue bonds exempt from taxation pursuant to Section 103(b)
(4) (A) of the Internal Revenue Code; and
WHEREAS, the Suffolk Redevelopment and Housing
Authority has power to make loans for assistance in housing
construction, and is willing to issue its bonds for the
benefit of the Developer;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Suffolk Redevelopment
and Housing Authority to exercise its aforesaid powers within
the City of Virginia Beach for the purposes hereinabove
described, and the Authority is invited and encouraged to issue
its bonds for the benefit of the Developer and the furtherance
of said purposes.
2. These resolutions shall not be deemed an endorse-
ment of said bonds or the creditworthiness of the Authority,
the Developer or any other person or entity, and the bonds
shall provide that the City shall not be obligated to pay
the bonds or the interest thereon or other costs incident
thereto, and neither the faith and credit nor the taxing power
of the Commonwealth, the City or the Authority shall be pledged
thereto.
JDB:er
8-22-83
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Second day of August, Nineteen Hundred, Eighty-Three.
-75-
Item II-K.2
NEW BUSINESS ITEM # 20516
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution authorizing the City Manager to exe-
cute an agreement with Arnhold and Company, Inc. subsidizing a project
located in the Seatack Target Area for low-to-moderate income individuals
with $329,580 of Community Development Block Grant Funds;
AND,
AMENDED the agreement (page five, Article c., and Article 6) as follows:
',C. Contractor shall use best efforts to contract
THIRTY PERCENT (30%) of all sub-contract work shfill to
be sub-contracted to minority vendors, suppliers an @con-
tractors."
AND,
"6. Arnhold shall ............ ready for occupancy
within @@ht@e@(lq) mon@h@ from the date...."
Voting: 11-0
Counci.1 Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, U. 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
August 22, 1983
-76-
Requested by the Office of HouSing and Community Development
RESOLUTION AUTHORIZING THE CITY MANAGER To
EXECUTE AN AGREEMENT WITH ARNHOLD AND
COMPANY, INC. SUBSIDIZING A PROJECT LOCATED
IN THE SEATACK TARGET AREA FOR LOW To
MODERATE INCOME INDIVIDUALS WITH $329,580
OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, Arnhold and Company, Inc. is the owner of an
option to purchase approximately 7.447 acres of property located on
Virginia Beach Boulevard and in the Seatack Target Area; and
WHEREAS, Arnhold has represented to the City that it could
not develop and market its proposed 85 unit townhouse project on
this parcel for low to moderate income individuals unleas $329,580
of Community Development Block Grant Funds are utilized to construct
water, sewer, streets and drainaqe for this project; and
WHEREAS, th.e City desires to improve the property to
provide for the construction of housing affordable to low and
moderate income persons pursuant to Section 24 CFR 570.201(c) with
Community Development Funds in the amount of $329,580; and
WHEREAS, Arnhold and Company, Inc. has agreed to construct
or have constructed Eighty Five (85) townhome units on the subject
property and sell at least 43 of the 85 units to purchasers who are
low to moderate income individuals as established by HUD Section 8
Guidelines and at a sales price affordable to low to moderate income
individuals as established by HUD Section 8 Income Guidelines.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized to enter into an
agreement with Arnhold and Company, Inc. subject to the approval
from HUD that the funds may be utilized for the purposes referenced
above and for the terms and conditions more fully specified in an
agreement attached hereto and incorporated by reference.
Adopted by the Council of the City of Virqinia Beach,
Virginia on the 22nd day of August 1983.
DSH/sm
6/23/83
8/18/83
(RES.3)
August 22, 1983
-77-
AGREEMENT
THIS AGREEMENT, made this - day of
1983, by and between Arnhold & Company, Inc., a virginia
Corporation, or assigns, (hereinafter referred to as 'Arnhold"),
and the City of Virqinia Beach, a political subdivision of the
Commonwealth of Virginia, its successors, and or assigns
(hereinafter referred to as 'City').
WITNESSETH:
WHEREAS, Arnhold is the owner of an option to purchase
certain real property located in the City of Virginia Beach
(hereinafter referreti to as the 'Property') and more fully
described as:
Approximately 7.447 acres located on
Virginia Beach 13oulevar(l, in the City of
Virginia Beach, virginia, designated and
described as Parcel 2 and Parcel 4 on a
certain plat of survey entitled: 'lease
Plat of Property of B. M. Company on
Virqinia Beach Boulevard," Virginia Beach
Borough, Virginia Beach, Scale; 1--lool,
dated October 11, 1972, made by Duncan
and Johnson, Ltd., Enqineers and
Surveyors, Virginia Beach, Virginia,
which plat is duly of record in the
Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virqinia, in
Map Book 94, Page 7.
WHEREAS, the City of Virginia Beach Is a political
subdivision of the Commonwealth of Virqinia which wishes to
provide and encouraqe housing opportunities and carry out
community development activities for persons of low and moderate
income within said City; and
WHEREAS, the property referenced above is located in the
Seatack target area of the City of Virginia Beach, and
WHEREAS, Arnhold has represented to the City that it
could not develop and market this project for low t'o moderate
income individuals as referenced in paraqraph no. 4 on page 4 of
this aqreement unless the $329,580 of community development funds
are utilized to construct the infrastruction on the
above-referenced property.
Au st 22, 1983
-78-
WHEREAS, the City desires to improve the property to
provide for the construction of housinq affordable to low and
moderate income persons pursuant to 24 CPR 570.201 (c) with
community development funds in the amount of Three Hundred Twenty
Nine Thousand Five Hundred and Eiqhty Dollars ($329,580.00) as
more fully described in that certain cost estimate made by
Miller-Fox-Stevenson, P.C., dated march 17, 1983, a copy of which
is attached hereto and made a part hereof, and
WHEREAS, Arnhold has aqreed to construct or have
constructed EIGHTY FLVE (85) townhome units on subject property
in accordance with an approved sub-division plat, a preliminary
plat is attached hereto and made a part hereof, and
NOW, THEREFORE, Arnhold, for itself, its heirs, assigns,
successors in title and lessees for the consideration referenced
above and the conditions hereinafter set forth does hereby agree
as follows:
1. Rights-of-way and Easements.
a. Arnhold aqrees to dedicate to the City all
necessary riqhts-of-way, temporary and permanent
construction easements to City that are necessary to
construct the infrastructure on the property.
b. City aqrees to incorporate the subject
improvements into its approved project activities for
water, sewer, streets and drainage as a community
development project.
2. Number and type of units to be constructed.
a. Arnhold agrees to construct or have constructed
EIGHTY-FIVE townhouse units on the lots of the subject
property.
b. Such units shall consist of the followinq types:
(the below number of unit types may be adjusted with the
written approval of the authorized officer of the Office
of Housinq Community Development.)
August 22, 1983
-2-
-79-
with no percentage earned on the money paid by the City
for the infrastructure of the Parcels.
b. Arnhold shall submit a cost estimate of all
units to be constructed which shall indicate that the
Three Hundred Twenty Nine Thousand, Five Hundred Eighty
Dollars ($329,580.00) cost estimate as per the attacheti
estimate of Miller-Fox-Stephenson P.C. of the
infrastructure to the parcel of land is not included in
the cost of the units to be sold.
4. Purcbasers.
a. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
ARNHOLD SHALL SELL AT LEAST 43 OF THE 85 UNITS TO
PURCHASERS WHO ARE LOW TO MODERATE INCOME INDIVIDUALS AS
ESTABLISHED BY HUD SECTION 8 INCOME GUIDELINES AND AT A
SALES PRICE BETWEEN $30,000 and $42,000 PER UNIT
AFFORDABLE TO LOW TO MODERATE INCOME INDIVIDUALS As
ESTABLISHED BY HUD SECTION 8 INCOME GUIDELINES. -
b. Determination of income and sales price for the
remaininq 42 units shall be in compliance with
quidelines established by the Virginia Housinq
Development Authority Urban Preservation and infill
Proqram.
5. Minority Utilization.
a. Minority suppliers and contractors shall be
given the opportunity to bid on all work and supplies
for the construction of the units.
b. Arnhold shall exercise its best efforts to
assure the employment of minority employees for all
positions that may become available as a result of this
project, and aqrees to set up a training program with
the assistance of the Office of Housing and Community
August 22, 1983
-4-
-80-
Development to train personnel subject to the
guidelines in the newly qppr 9 bill.
C. THIRTY PERCENT (30%) of -all sub-contract work
@l be sub-contracted to minority vendors, suppliers
and contractors.
6. Arnhold shall within six (6) months from the date
hereof commence the construction on the property referenced on
page 1 of this agreement and shall,ha-,Ae all 85 townhome units
ready for occupancy within twelve 12) months from the date of
commencement of the construction.
7. It is understood that Arnhold's ability to
construct any units as developers is contingent upon obtaining
financing. If such financing is not obtained by the owners and
the property is sold, the purchaser of said property will be
bound by the terms of this aqreement, and Arnhold may be released
from the obligations of this agreement if the City determines
that the purchaser of said property is financially capable of
carryinq out the terms and conditions set forth above.
8. Notwithstanding any terms, clauses, conditions or
references to the contrary, in the event Arnhold, its heirs,
assigns, successors in title or lessees fail to comply with any
of the terms of this aqreement, Arnhold, its heirs, assi(jns, or
successors in title or lessee shall reimburse the City of
Virginia Beach Community Development Block Grant Pund in the
amount of Three Hundred Twenty-Nine Thousand, Five Hundred and
Eighty Dollars ($329,580) advanced funds allocated as per this
aqreement for the infrastructure of the above mentioned Parcels.
The Office of Housinq and Community Development may prepare a
compliance report wherein it shall certify that the owners have
complied with the terms of this agreement as of the date of said
report.
9. Arnhold aqrees to post a bond or letter of credit
in the amount of Three Hundred Twenty-Nine Thousand, Five Hundred
and Eiqhty Dollars ($329,580) and in a form acceptable to the
City Attorney which bond or letter of credit quarantees the
reimbursement of the City of Virqinia Beach Community Development
-5-
Au ust 2
Block Grant Fund in the amount of Three Hundred Twenty-Nine
Thousand, Five Hundred and Eiqhty Dollars ($329,580) in the event
Arnhold, its heirs, assigns, successors In intereat or lessees
fail to comply with any of the terms or conditions of this
agreement. The bond or letter of credit'is to be released upon
satisfactory completion of all of the terms, clauses and
conditions of this agreement.
10. it is expressly understood and aqreed that this
agreement is to be recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia, same to be
indexed to Deed's under the owner's name as Grantor and City's
name as Grantee, it beinq specifically understood, convenanted
and aqreed that the terms of the agreement may be enforced by the
City, its suctessors and assiqns and shall run with the
property.
IN WITNESS WHEREOF, the parties hereto have executed
and sealed this agreement as of the day and year first written
above.
ARNHOLD & COMPANY, INC.
a virginia corporation
President
Secretary
CITY OF VIRGINIA BEACH
Thomas H. Muehlenbeck
City Manager
ATTEST:
Ruth Hodqes Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary
Public in and for the City and State aforesaid do hereby certlfy
-6-
Au ust 22 11@1.1
-82-
that President and
Secretary on behalf of ARNHOLD & COMPANY, INC., a Virginia
corporation, whose names as such are siqned to the foreqoinq
Agreement, bearinq date on the day of
1983, have acknowledqed the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
1983.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary
Public in and for the City and State aforesaid do hereby certify
that THOMAS H. MUEHLENBECK, CITY MANAGER, and RUTH HODGES SMITH,
CITY CLERK, on behalf of the City of Virqinia Beach, whose names
as such are siqned to the foreqoing Aqreement, bearinq date on
the day of 1983, have acknowledqed
the same before me in my City and State aforesaidi
GIVEN under my hand this day of
1983.
Notary Public
my Commission Expires:
5/5/83
5/19/83
8/18/83
(48.16)
NT
DIIIIT.@l-T
CITY ATTC)':@-IFY
-7-
August 22, 1983
-83-
Item II-K.3
ADD-ON
NEW BUSINESS ITE4 # 20517
Councilman Robert Jones referenced a letter in the Agenda package from
Estelle R. Burns (2830 Shore Drive, Virginia Beach, Virginia 23451) con-
cerning babysitting services in the City of Virginia Beach.
The City Manager advised this matter is under staff review and he will
report findings to the members of City Council.
August 22, 1983
-84-
Item II-L
ADJOURNMENT ITIN # 20518
By consensus, City Council adjourned at Nine Forty-Two in the evening.
J@a/ M. Keith
@uty City Clerk
Ru@Hodges m@iith, CMC s
City Clerk
City of Virginia Beach
Virginia
/jk
August 22, 1983