AUGUST 1, 1983 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOT@IS R. JONES, B.y@id@ B.,..gh
VICE-MA YOR BARBARA M. HENLEY, P..g. B.,@.gb
1011,V A. BAliM, B.-.gb
NANCY A. (' REECH, Al L.,g@
IIAROLD IIEISCIIOBER, At L.,R@
ii. JACK JENNIN(;S. JR., Ly..h.... B.@.gh
ROBERT (;. IONE@@@ A, L,,,g@
W. Ii. KITCffIN, Ill, Vig,.i@ 13@.@b
REBA S. M, CLAA;AN, A@.. Bo,..gb 212 CITY HALL BUILDING
1. IIENRY M,COY, JR., KI.P@@ill, fl@1--gh MUNICIPAL CEIYTER
MEYERA E. ORERNDORP. At L.,g, VIRGINIA REACH, VIRGINIA 2345(,
RUTH HODGES SMITH, CMC, City Cl@lk (804) 427-4 30 3
CITY COUNCIL AGENDA
August 1, 1983
Meeting: 9:00 a.m. - Planning Workshop (Recommendations
to include Conditional Zoning,
Agreements of Voluntary Compliance,
and Rezoning Process.
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS TNTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSTON OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. matters ifor discussion by Council
E. CITY MANAGER'S ADMINISTRATIVE ITEMS,.
1. Water/Sewer Bond Information Committee: Report by Mr.
A. J. Chewning, III.
2. Architectural Program for the Central Library: Report
by Mr. B. Franklin Hemphill, Library Consultant.
3. Proposed Parking on Atlantic Avenue During Winter Months:
Discussion.
4. Task Force for Jobs Bill to Design a Request for Proposal
for Day Care Services: Discussion.
5. Overall Land Use Plan for Green Run: Presentation by Mr.
Robert J. Scott, Director of Planning Department.
6. Back Bay Committee Workshop Proposed for September 12, 1983:
Discussion.
7. Interim Financial Report for June 30, 1983: Discussion by
Mr. Giles G. Dodd, Director of Finance Department.
8. CIP Quarterly Status Report for Quarter Ending June 30, 1983
Discussion by Mr. Giles G. Dodd, Director of Finance.
9. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Roy N. Wilson
Church of Christ, Oceana
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of July 11, 1983.
E. RESOLUTIONS
1. Resolution by the Council of the City of Virginia
Beach that the Department of Highways and Transpor-
tation revise the priorities for construction of
the Great Neck Road improvements to provide for
immediate construction of Section C-501 to provide
relief for the residents of Chelsea and Green Hill
Farms.
2. Resolution authorizing the City Manager to install
a traffic signal at the intersection of Great Neck
Road and Upper Chelsea Reach.
3. Resolution authorizing a Modification to the Design
of the North Beach Drainage Project.
F. ORDINANCES
1. Ordinance to Amend and Reordan Section 2-81 of the
Code of the City of Virginia Beach, Virginia, per-
taining to Mandatory Retirement Age.
2. Ordinance to Amend and Reordain Section 2-217.2 of
the Code of the City of Virginia Beach, Virginia
pertaining to Awarding Contracts.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
in the ordinary course of business by City Council and will
be enacted by one motion in the form listed. There will be
no separate discussion of these items. If discussion is de-
sired, that item will be removed from the Consent Agenda and
considered separately.
1. Resolution of Appreciation to Russell 0. Siler for his
services as Chairman of the Community Services Board.
2. Resolution authorizing the City Manager to execute the
required documents transferring and assigning the City
of Virginia Beach's interest in such gifts to the Vir-
ginia Museum of Marine Sciences Foundation, Inc., to be
used specifically for the financial assistance of the
Virginia Museum of Marine Sciences. (On February 14, 1983,
City Council accepted as gifts interests in Chesapeake
Oil and Gas 1980 #7, a limited partnership, and contract
rights in three Pennsylvania oil wells owned by Bold
Venture, a general partnership. )
ITEM II G. CONSENT AGENDA (Cont'd)
3. Ordinance to Amend and Reordain Chapter 2 of
the Code of the City of Virginia Beach by
adding a new section relating to amendments
of the Annual Budget Ordinance.
4. Ordinance to Provide for the Payment of Worker's
Compensation Benefits to Members of the City
Council.
5. Ordinance Authorizing Certain Events Conducted
on City Property to be Exempt from the Prohibition
against working or transacting business on Sunday.
6. Ordinance, on SECOND READING, to accept $2,575,000 from
the Department of Housing and Urban Development and to
appropriate these funds for certain projects and pur-
poses.
7. Ordinance, on FIRST READING, to revise certain revenue
estimates and reduce appropriations in the 1983-1984
Fiscal Year Operating Budget. (C,)n,titutional Officers)
8. Ordinance, on FIRST READING, to appropriate funds of
$2,000,000 to the School Capital Projects Fund.
9. Ordinance to Transfer Funds of $50,000 from Water and
Sewer Fund Reserve for Contingencies to the Water and
Sewer Capital Projects Fund for Legal Services as re-
quired for the Lake Gaston Water Resource Project.
10. Ordinance to Transfer Funds of $24,000 to Continue Bulk
Mailing by the Department of Parks and Recreation.
11. Ordinance to Transfer Capital Project Funds of $44,768
from Project 2-815 Stumpy Lake Drainage to Project 2-812
Oceana N.A.S. Entrance.
12. Ordinance to Transfer Funds within the FY 84 TVASAP Budget
to establish twelve full-time permanent positions.
13. Ordinance Authorizing a $45,000 Temporary Cash Advance to
the Department of Economic Development.
14. Ordinance to Transfer Capital Project Funds of $111,496
from Project 2-815 Stumpy Lake Drainage to Project 2-997
Indian Lakes Boulevard.
15. Ordinance to Transfer Capital Project Funds of $97,000
between Capital Projects to Provide a Sewer Pump Station
for Croatan Beach Area.
16. Ordinance to Transfer Funds of $45,000 within the Depart-
ment of Public Works to Provide for the Use of Temporary
Labor Services.
17. Ordinance to Authorize a Temporary Encroachment into a
portion of the right-of-way of Close Avenue to Ocean
Point Properties, Inc., its assigns and successors in
title.
18. Ordinance to Authorize a Temporary Encroachment into a
portion of the right-of-way Newtown Road to Mr. George
E. Langley, his heirs, assigns and successors in title.
ITEM II G. CONSENT AGENDA (Cunt'd)
19. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way of Sandfiddler Road to
Mr. Robert S. Dolsey and Mr. Louis D. Parhain, Jr.,
their heris, assigns and successors in tltle.
20. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way of Kempsville Road to
Texaco, Inc.
21. Ordinance appointing Viewers in the petition of John
Franklin, III, and Martha D. Franklin for the closure
of a portion of an alley bounded by Elm Avenue and
Dare Drive (Lynnhaven Borough).
22. Ordinance closing, vacating and discontinuing a portion
of Poinciana Drive (Lynnhaven Borough) in the petition
of Merlin Van Statzer and Rita Statzer. (This matter
was deferred on June 20, 1983 until August 1, 1983)
(Applicant has requested that this item be deferred
for an additional week.)
23. Low bid of Asphalt Roads and Materials Company, Inc.,
in the amount of $254,438.70 for the 1983-84 Bituminous
Concrete Schedule for Completed Utility Projects; AND,
authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
24@ Raffle Permits:
Ocean Park Women's Club
Tidewater Smocking Arts Guild
Virginia Beach S.P.C.A.
25. Request of the City Treasurer for Tax Refunds in the amount
of $1,695.20.
H. PLANNING ITEMS
1. Ordinance to Amend and Reordain Article 6, Section 602
of the Comprehensive Zoning Ordinance Pertaining to Lot,
Yard, Open Space, Density, Height, and Lot Coverage Re-
quirements in the A-1 Apartment District.
(This item was voted on June 6, 1983 to be EXPEDITED
from the 7/12/83 Planning Commission to the 8/1/83 City
Council.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Ordinance closing, vacating, and discontinuing a portion
of Kleen Street and Cape Henry Drive in the petition of
Lynn Beach Associates, a Virginia General Partnership.
(Lynnhave Borough).
a. Letter from the City Manager transmits the
recommendation of the Plannlng Commission
and the Viewers concur for denial.
3. Ordinance closing, vacating, and discontinuing a portion
of an undeveloped 30-foot right-of-way yhich runs north
from Hatteras Road to Citation Drive in the petition of
David F. and Tina L. Ellis (Kempsville Borough). Council
approved this request on November 1, 1982 subject to con-
ditions. These conditions have been met. (This item had
been deferred previously 30 days on 5/9/83, 2 weeks on
6/13/83, 1 week on 6/27/83, and on 7/5/83 to 8/1/83)
a. Letter from the City Manager transmits the
recommendation for FINAL APPROVAL.
ITEM II FORMAL SESSION (Cont'd)
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to Adjourn.
Senator Trible's Town Hall Meeting
Virginia Beach City council Chambers
8:00 P.M., August 5, 1983
I
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
P L A N N I N G W 0 R K S H 0 P
August 1, 1983
9:00 a.m.
City Manager Thomas Muehlenbeck stated the purpose of the workshop was to
discuss three items, as follows, for Council to review:
1. Conditional Zoning
2. Agreements of Voluntary Compliance
3. Rezoning Process
Efforts to coordinate this workshop were prompted by Vice Mayor Barbara M.
Henley and Councilwoman Nancy A. Creech.
Correspondence (consisting of several pages) pertaining to the stated topics
directed to City Manager Muehlenbeck from Planning Director Robert J. Scott
was distributed to Council members and is hereby made a part of the record.
In outlining the subject matter, Mr. Scott gave brief analyses, after which
discussion was held. In particular, the resolution regarding Comprebensive
Zoning Ordinance (adopted February 7, 1983) was discussed with the suggestion
tbat it be reworded (second page of the resolution; page 42 of the Minutes
of February 7, 1983; first paragraph, fourth line) to reflect: shall
be deferred for rehearing, by the Planning Commission, until such time
Vice Mayor Henley suggested a proposal be enacted regarding building in flood
plains (next week's workshop, August 8, 1983).
The following were present at the Planning Worksbop:
CITY COUNCLL
John A. Baum
Nancy A. Creech (arrived at 9:17 a.m.)
Harold Heischober
Vice Mayor Barbara M. Henley
H. Jack Jennings, Jr.
Mayor Louis R. Jones
Robert G. Jones
W. H. Kitchin, Ill (arrived at 9:40 a.m.)
Reba S. McClanan
J. Henry McCoy, Jr., DDS (arrived at 10:32 a.m.)
Meyera E. Oberndorf
STAFF
Thomas Muehlenbeck, City Manager
Jay Richardson, Chief Deputy City Attorney
Jack Whitney, Chief of Comprehensive Planning
Robert J. Scott, Director of Planning
Michael J. Barrett, Assistant to the City Manager for Citizen Affairs
David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 1, 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 1, 1983, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
11. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Ki-tchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech If
Councilwoman Creech entered the meeting at 12:45 p.m.
August 1, 1983
-2-
ITEM # 20332
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilman Baum, seconded by Councilman McCoy, Council voted
to proceed into the EXECUTIVE SESSION following the INFOPMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
Councilwoman Creech entered the meeting at 12:45 p.m.
August 1, 1983
-3-
M A T T E R S B Y C 0 U N C I L
BELLAMY MANOR ESTATES ITEM # 20333
Councilman McCoy stated a meeting would be held August 3, 1983 of Bellamy
Manor Estates regarding cut-through of Sellwood Drive. An invitation was
extended to all Council members.
LACV-30's ITEM # 20334
Councilman Jennings stated Congressman Whitehurst met with City/citizen
representatives July 30, 1983 wherein concerns were aired regarding the
LACV-30 vehicles. Congressman Whitehurst assured the LACV Advisory Com-
mittee that he would look into the concerns they expressed at the Army command
level and report to the Committee in the near future.
David Grochmal was also present at the meeting and stated that in addition to
the Army air cushion vehicle, the City now has some indication from the Navy that
they are approaching finalization of their FDIS on the Navy air cushion vehicle
and they will be seeking meetings with City staff members, Council and the
Mayor's Advisory Committee in the near future.
A meeting is scheduled to be held in Panama City, Florida, August 10, 1983.
URANILM ADVISORY GROUP ITEK # 20335
Councilwoman Oberndorf commented the Uranium Advisory Group is unhappy with
Marline in Pittsylvania County.
NATIONAL LEAGUE OF CITIES ITEM # 20336
Councilwoman Oberndorf advised she will be representing Virginia Beach at
the Energy Environment and Natural Resources Committee of the National
League of Cities the week of August 8, 1983, in Alaska.
August 1, 1983
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M A T T E R S B Y C I T Y M A N A C E R
WATER/SEWER BOND
INFORMATION COMITTEE ITEM # 20337
Mr. A. J. Chewning, III, presented a report by the Bond Information Committee
regarding water and sewer bonds. Said report is hereby made a part of the
record. Recommendations of the Conmittee will be on the Formal Agenda August 8,
1983.
CENTRAL LIBRARY ITEM # 20338
A printed report entitled "The Architectural Program for the Central Library"
prepared by B. Franklin Hemphill, Library Consultant, was presented to Council
members (said report is hereby made a part of the record). Due to illness,
Mr. Hemphill was not present at the meeting. Laszlo Aranyi, Architect, was
in attendance and answered Council's concerns regarding useable space and
temperature control in the Central Library. Also present was Marsha Simms,
Library Director.
ATLANTIC AVENUE PARKING ITEM # 20339
Discussion was held on the proposed parking on Atlantic Avenue during winter
months. This item will be placed on the Formal Agenda August 8, 1983.
JOBS BILL TASK FORCE -
DAY CARE SERVICES ITEM # 20340
In accordance with the recommendations of the staff, Ci.ty Manager Muehlenbeck
presented the following to serve on a Task Force to design a Request for
Proposal for Day Care Services, as part of the Jobs Bill:
BENJAMIN MOORE Community Development Department
JOHN PERRY/ALICE GREEN Ci.tizen Advisory Committee
NANCY HINCH Social Services
Two Council members volunteered to serve on the Task Force as follows:
REBA S. McCLANAN
MEYERA E. OBERNDORF
This item was voted upon in the Formal Session under "Appointments".
August 1, 1983
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M A T T E R S B Y C I T Y M A N A G E R
(continued)
GREEN RUN - OVERALL
LAND USE PLAN ITEM # 20341
Robert J. Scott, Director of Planning, made a presentation on the overall
Land Use Plan for Green Run. Councilman Jennings stated bis desire that
this item be expedited witb a 60-day limitation. All Council members con-
curred witb this statement. The "overall plan" will be discussed by City
Council in the near future.
WORKSHOP - BACK BAY ITEM # 20342
Vice Mayor Henley and Councilman Baum serve on tbe Back Bay Committee and
expressed the desires of the Consultants on Back Bay to have the input of
Council members prior to drafting a document for presentation to Council.
Vice Mayor Henley stated it would be advantageous for Council members to meet
with the Consultants.
A Workshop will be held September 12, 1983 at 11:00 a.m. The City Manager
will prepare notices of the meeting.
INTERIM FINANCIAL REPORT ITEM # 20343
Mr. Giles G. Dodd, Director of Finance, presented the Interim Financial
Report for June 30, 1983. Said report is hereby made a part of the record.
CIP QUARTERLY STATUS REPORT ITEM # 20344
Mr. Giles G. Dodd, Director of Finance, presented the CIP Quarterly Status
Report for Quarter Ending June 30, 1983. Said report is hereby made a part
of the record.
REVIEW OF CONSENT AGENDA ITEM # 20345
Brief discussion was held on Consent Agenda Items 3, 4, 10, 11 and 13. See
Formal Agenda for action taken by Council.
RECESS INTO EXECUTIVE SESSION ITEM # 20346
City Council recessed into EXECUTIVE SESSION at One Forty in the afternoon.
August 1, 1983
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 1, 1983
2:15 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, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Roy N. Wilson
Church of Christ, Oceana
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 1, 1983
-7-
Item II-D.1
MINUTES ITEM # 20347
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council APPROVED the Minutes of July 11, 1983.
Voting: 10-0
Council Members Voting Aye:
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:
John A. Baum
August 1, 1983
-8-
Item II-E.1
RESOLUTION ITEM # 20348
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council ADOPTED a Resolution requesting the Department of Highways and Trans-
portation revise the priorities for construction of the Great Neck Road
improvements to provide for immediate c ... tr,,,tion f Section C-501 to pro-
vide relief for the residents of Chelsea and Green Hill Farms.
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 1, 1983
- 9-
Requested by: Councilmember Jack H. Jenninqs, Jr.
At a meetinq of the Council of the City of Virqinia
Beach, Virginia, was held in the Council Chambers, in the
City Hall Buildina, on the 1st day of August 1983.
On Tnotion by Counci@an Jennnsgs and seconded
Lly Councilman Heischober tnt- to w e olution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Council of Virqinia Bpach, Virginia,
recognizes the problem of ingress and eqress that exists for the
residents of the Chelsea and Green Hill Farms area of the City
because of the high density of traffic on Great Neck Road; and
WHEREAS, the two lane roa(l, desiqned to carry 6,000
vehicles per day, now carries approximately 20,000 vehicles per
day; and
WJiEREAS, traffic volume is estimated to continue to
increase at a rate of 10-12% per year; and
WHEREAS, plans for improvement of the road are
virtually complete, and most of the riqht-of-wav for the southern
hal[ of the Project has been dedicated to the City; an(i
WHEREAS, thp Crpat Neck Proiect (UOOO-134-108, C-501,
C-502) has been divided into two sections which will be
advertised and awarded for construction as two contracts; and
WHEREAS, the Federal Hiqhway Administration, which will
fund 75% of the Project, advises that 'There is no apparent
reason why the southern half of the project cannot be constructed
first"; and
WHEREAS, the City Traffic Engineer advises that
construction of the southern T)ortion of the Proiect (C-501) would
help to provide relief to the traffic problems and reduce the
hiqh rate of accidents now occurrinq in the section, Shore Haven
Drive to Thomas Bishop Lane.
NOW, THEREFORE, BE IT RESOI,VED BY THE COUNCIL OP THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Departn,.ent of Hiqhways and Transportation
revise the priorities for construction of the rreat NPck Road
August 1, 1983
-10-
improvements to provide for immediate Construction f Section
a d ,
C-501 to provide relief for the residents of Chelse an rre,n
Hill Farms.
F3E IT FURTHER RESOLVED, that the City Clerk is
authorized ani directed to forward a certified copy of this
Resolution to the Department of Hiqhways and Transportation of
the Commonwealth of Virginia.
Adopted by the Council of the City of Virginia Beach,
Virainia, on this _lst day of August 1983.
JDB/da
7/25/83
(3)
A'z -i
:7
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August 1, 1983
Item II-E.2
RESOLUTION ITEM # 20349
A motioniwas made by Councilman Jennings, seconded by Councilman Heischober,
to adopt a Resolution authorizing the City Manager to install a traffic signal
at the intersection of Great Neck Road and Upper Chelsea Reach; however, the
motion was LOST.
Voting: 3-8 (MOTION LOST)
Council Members Voting Aye:
Harold Heischober, H. Jack Jennings, Jr., Reba S. McClanan
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
J. Eenry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
August 1, 1983
-12-
REQUESTED BY: COUNCILMAN H. JACK JENNINGS, JR.
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
is of the view that a safety hazard exists at the intersection
of Great Neck Road and Upper Chelsea Reach; and
WHEREAS, such a hazard exists especially in the
morning hours between 7:30 a.m. and approximately 9 a.m: and
WHEREAS, numerous accidents resulting in property
damage have taken place at this particular intersection over
the last three years; and
WHEREAS, a traffic device is not warranted by the
Federal Manual of Uniform Traffic Control Devices; and
WHEREAS, City Council if of the opinion that for
safety reasons installation of traffic controls at this
intersection is in the best interest of the City of Virginia
Beach.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager is authorized to install a
traffic signal at the intersection of Great Neck Road and Upper
Chelsea Reach.
ADOPTED:
JDB:ER
7-27-83
August 1, 1983
-13-
Item II-E.3
RESOLUTION ITEM # 20350
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED a Resolution authorizing a modification to the design of the North
Beach Drainage 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 C. 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 1, 1983
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A RESOLUTION AUTHORIZING A
MODIFICATION TO THE DESI(,N
OF THE NORTH BEACH DRAINAGE
PROJECT
WHEREAS, the City of Viroinia Beach has adopted the
North Beach Drainaqe Project which is included in the Five Year
Capital Improvement Program; and
WHEREAS, the oriqinal desiqn concept of the North Beach
Drainage Project consisted of five outfalls and was based on a
storm of such maqnitude that it would occur once in ten years;
and
WHEREAS, the City staff has recommended that the design
of the North Beach Drainaae Project now be modified by utilizinq
the reduced storm concept based on a storm of such maqni.tude that
it would occur once per voar rather than once in ten-@7ears
tliereby combining drainaqe areas and reducing the total number of
outfalls required; and
WHEREAS, such a modification would accomplish the same
result as the oriqinal desiqn concept and would result in
substantial savings for the City of Virqinia Beach.
NOW, THEREFORE, BE IT PESOLVED BY THE CITY COUNCIL OP
THE CITY OF VIRGINIA BEACH, VIRGINIA that the staff of the City
of Virginia Beach is authorized to modify the original desiqn of
the North Beach Drainage Project by utilizing the reduced storm
concept to combine drainaqe areas thus reducinq the total number
of outfalls reauired which concept will be based on a storm of
such magnitude that it will occur once t)er year rather than a
once in ten-years.
This Resolution shall become effective the date of its
adoption.
Adopted by the Council of the City of Virqinia Beach on
the 1st day of August 1983. P.10
A!' A3 TC.,,
7/26/83
MTS/re
(RES.2) 0 r. ROA
-15-
Item 11-F.1
ORDINANCE ITEM # 20351
Upon motion by Councilman BaLim, seconded by Vice Mayor Henley, City Council
ADOPTED an Ordinance to amend and reordain Section 2-81 of the Code of the
City of Virginia Beach, Virginia, pertaining to Mandatory Retirement Age.
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 1, 1983
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Requested by the City Council
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-81 OF THE CODE OF THE CITY
OF VIRCINIA BEACH, VIRGINIA,
PERTAINING TO MANDATORY RETIREMENT AGE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-81 is hereby amended and reordained to
read as follows:
Section 2-81. Mandatory retirempnt aqe.
Unless otherwise provided bv state or federal statute, no
employee of the city, ether-them includinq appointees of the city
council, shall he employed after the end of the month in which he
or she attains aqe seventy (70).
Adopted this 1st dav of August 1983.
RHM/CJ/da
7/14/83
(alt.3.1)
T,
August 1, 1983
-1 7-
Item II-F.2
ORDINANCE ITEM # 20352
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to amend and reordain Section 2-217.2 of the
Code of the City of Virginia Beach, Virginia pertaining to awarding contracts,
with a revision to page one, last line, as follows:
The word "may" shall be inserted in lieu of "shall".
"Manager who shall @@y then approve an award of the contract to a..."
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 1, 1983
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-217.2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA PERTAINING
TO AWARDING CONTRACTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-217.2 of the Code of the City of
Virginia Beach, Virginia is hereby amended and reordained as
follows.
Section 2-217.2 Awarding contracts.
Contracts shall be awarded to the lowest responsible
and responsive bidder. In determining the lowest bidder, the
following factors shall be considered:
(1) Price.
(2) Ability, capability and skill of the bidder to perform the
contract.
(3) Whether the bidder can perform the contract promptly or
within the timeframe specified.
(4) The character, integrity, reputation, judgment, experience
and efficiency of the bidder.
(5) The quality of performance of previous contracts.
(6) The financial resources and ability of the bidder to
perform the contract.
(7) The ability of the bidder to provide future maintenance for
the use of the subject of the contract. (Contract may be
for services, supplies, equipment, etc.)
It shall be the duty of the Purchasinq Aqent in the
awarding of contracts, pursuant to the authority qranted in
Section 2-214.2, to give substantial consideration to the lowest
cost, and to endeavor to award contracts to the lowest bidder if
and when it is determined that, based on cost and on the other
above-mentioned factors, award to the lowest bidder will be in
the best interest of the City. If the Purchasinq Agent
determines that an award of a contract to the lowest bidder is
not in the best interest of the City, he shall so notify the City
Manager who mav then approve an award of the contract to a
bidder other than the lowest bidd,,. Said approval shall be
based on the City Manager's independent (letermination, after
givinq (lue consideration to the recommendations of the Purchasing
Agent, that such award is in the best interest of the City. When
the City Manager decides to award a contract to a bidder other
than the lowest bidder, he shall notify City Council of-his
decision.
Adopted by the Council of the City of Virginia Beach,
Virginia, this day of 1983.
RMB/sm
7/15/83
(P)
..........
-2-
-20-
Item II-G
CONSENT AGENDA ITEM # 20353
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED IN ONE MOTION Items 1 through 25 of the CONSENT AGENDA,
with the exception of Items 11 and 22, which were DEFERRED for one week
pursuant to the City Manager's request.
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 1, 1983
-21-
Item II-G.1
CONSENT AGENDA ITEM # 20354
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED a Resolution of Appreciation to RUSSELL 0. SILER for his
services as Chairman of the Community Services Board.
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 1, 1983
-22-
RESOLUTION IN APPRECIATION
WHERFAS: There are many citizens whose unselfish qualities
and untiring enerqies are worthy of recognition, there are few whose
lives touch so many in social, cultural and religious realms;
WHEREAS: The Community Services Board is an aqent of the
City of Virginia Beach responsible for the establishment and operation
of the Mental Health, Mental Retardation and Substance Abuse proqrams
as provided by the State Code, subject to laws and requlations relat-
ing to qovernmental agencies with general powers, duties and respon-
sibilities for the best welfare of the community;
WHEREAS: Membership is composed of lay and professional
elements of the community in broad representation with fifteen Council-
appointed community leaders. One of these, Reverend Russell 0. Siler
of Emanuel Lutheran Church, first appointed to fill an unexpired term
on August 25, 1980, and then beinq reappointed to a three-year term
through December 1984, is currently Chairman of the Community Services
Board; and,
WHEREAS: Dedication and unselfish service now call Reverend
Siler to greater commitment, his term will be interrupted to allow him
to further his education at the Antioch School of Law at the nation's
capitol in Washington, D.C.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach city
Council recognizes
R U S S E L L 0. S I L E R
for his distinguished service and expresses its sincere gratitude for
his successful administration, his personal time and energy as well as
his keen understanding and promotion of the agency's purposes, all of
which have meant much to the Board and will long be qratefully remem-
bered by the Council.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation at the Community Services Board Thursday, July 28, 1983,
and a copy spread upon the minutes of the next regular Formal Session
of the Virginia Beach City Council.
Given under my hand and seal,
Mayor
August 1, 1983
-23-
Item II-G.2
CONSENT AGENDA ITEM # 20355
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED a Resolution authorizing the City Manager to execute the
required documents transferring and assigning the City of Virginia Beach's
interest in such gifts to the Virginia Museum of Marine Sciences Foundation,
Inc., to be used specifically for the financial assistance of the Virginia
Museum of Marine Sciences. (on February 14, 1983, City Council accepted as
gifts interests in Chesapeake Oil and Gas 1980 #7, a Limited Partnership,
and contract rights in three Pennsylvania oil wells owned by Bold Venture,
a General Partnership.)
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 1, 1983
-24-
R E S 0 L U T I 0 N
WHEREAS, on February 14, 1983, City Council accepteel as
qifts for the City certain interests in Che8apeake Oil and Gas
1980 #7, a limited Partnership, and c-ertain contract riqhts in
oil wells owned by Bold Venture, a aeneral partnership; and
WHERFAS, it was intended hy the donors of th(-se ciifts
that they be used for the financial assistance of the Vir(.Tinia
Musetim of Marine Sc,.i(-nces or sornp- other ,imilar puhlic nurpose as
may be deemed appropriate bv the City Council; and it is now
deemed appropriate and in the public interest to transfer and
assiqn these cifts from the City to the Virqinia Museum of Marine
Sciences Foundation, Inc.
NOW TPEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manaqer is herebv authorized to execute
the required documents transferrinq and assiqninq the city of
Virqinia Beach's interest in such qifts to the Virqinia Museum of
Marine Sciences Foundation, Inc., to be used specifically for the
financial assistance of the Virqinia Museum of Marine
Sciences.
Adopted by the City Council of the Citv of Virainia
Beach, Virqinia on the 1st day of August 1983.
ME.q/sm
7/22/83
(MES.1)
Aug,,t 1983
-25-
Item II-G.3
CONSENT AGENDA ITEM # 20356
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to amend and reordain Chapter 2 of the Code
of the City of Virginia Beach by adding a new section relating to amend-
ments of the Annual Budget Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
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 1, 1983
-26-
REQUESTED BY: DEPARTMENT OF FINANCE
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING A NEW
SECTION RELATING TO AMENDMENTS OF
THE ANNUAL BUDGET ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
The City clerk is authorized and directed to publish a
notice of a Council meeting and a public hearing on ordinances for
budget amendements proposedby the City Manager once in a newspaper
having general circulation in the City of Virginia Beach seven (7)
days prior to such meeting.
The City Council shall consider such proposed budget
amendment ordinance at the advertised meetinq after providing a
public hearing during such meeting; provided, however, that any
such amendment which exceeds one percent of the total revenue
shown in the currently adopted budget must be accomplished in the
same manner as set out in Section 15.1-162, Code of Virginia,
as amended.
When the proposed amended budget ordinance exceeds
one percent of the total revenue shown in the current adopted
budget ordinance, the public hearing shall be held at least
seven (7) days prior to approval.
ADOPTED: August 1, 1983
JD--: er r m
7 -25-8 3 0 T
7-27-8 3
August 1, 1983
-27-
Item 11-G.4
CONSENT AGENDA ITEM # 20357
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to provide for the payment of Worker's
Compensation benefits to members of the City Council.
Voting-. 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 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 1, 1983
-28-
AN ORDINANCE TO PROVIDE FOR THE
PAYMENT OF WORKER'S COMPENSATION
BENEFITS TO MEIMBERS OF THE CITY
COUNCIL
WHEREAS, Section 65.1-4 of the Code of Virginia
previously excluded members of City Councils from the provisions
of the Virqinia Worker's Compensation Act; and
WHEREAS, the 1983 General Assembly amended Section
65.1-4 of the Code of Virginia to allow City Councils to elect
to include its members under the Virginia Worker's Compensation
Act by adoption of a resolution or ordinance; and
WHEREAS, the members of the City Council desire to be
covered by the provisions of the Virginia Worker's Compensation
Ac-,.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT, pursuant to Section 65.1-4 of the Code of
Virginia, as amended, the members of the City Council of the
City of Virginia Beach, virgina, presently serving or hereafter
elected or appointed in accordance with the Charter and Code
of the City of Virginia Beach, Virginia, do hereby elect to
have its members included as employees of the City of Virginia
Beach for the purpose of being eligible to receive any and all
benefits to which they may be entitled under the provisions of
the Virginia Worker's Compensation Act as set forth in Section 65.1-4
of the Code of Virginia.
BE IT FURTHER ORDAINED that the City Manager is authorized
and directed to take the necessary action to accomplish the
inclusion of the City Council members under the Worker's Compensa-
tion Act.
JDB:er
7-25-83 August 1, 1983
-29-
Item II-G.5
CONSENT AGENDA ITEM # 20358
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing certain events conducted on
City property to be exempt from the prohibition against working or trans-
acting business on Sunday.
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 1, 1983
-30-
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
AGAINST WORKING OR TRANSACTING
BUSINESS ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virqinia Reach
to designate on a case-by-case basis the events which are exempt
from workinq or transactinq business on Sundays; and
WHEREAS, the followinq City property has been
desiqnated by the Council of the City of virginia Beach, for the
followinq dates, as the site for the followinq events:
Date City Property Event
Auqust 28, 1983 Pavilion WFOG Home Show
October 23, 1983 Pavilion 'Own Your Own Business
Expo"
BE IT ORDAINED BY THE COUNCIL OF 'rHE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition aqainst workina or transactino business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 1st day of August 1981.
JDB/da
7/13/83
(misc)
I (,IRNEY
August 1, 1983
-31-
Item II-G.5
CONSENT AGENDA ITEM #20359
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to accept $2,575,000
from the Department of Housing and Urban Development and to appropriate
these funds for certain projects and purposes.
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 1, 1983
-3 2-
Requested by the bffice of Housinq and Community Development
AN ORR)INANCE TO ACCEPT $2,575,000.00 FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE THESE FUNDS FOR CERTAIN
PROJECTS AND PURPOSES
WHEREAS, the Department of Housinq and Urbar
Development (HUD) has approved the Ninth Proqram Year fundinq of
the Community Development Proqram.
WHEREAS, one of the obiectives of such a pr(gram is to
upqrade deteriorated neiqhborhoods and to retard the
deterioration in transitional neighborhoods.
NOW, THEREFORE, BE IT ORDA INED BY THF COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That funding from HUD be accepted and appropriated for
the following projects and purposes:
APPROPRIATIONS ACTIVITY
$ 75,000 Burton Station Site Drainaqe
27,010 Gracetown Streets
810,668 Mill Dam Water/Sewer/Streets
100,000 Newsome Farm Streets
100,000 Queen City Water/Sewer/Streets
441,500 Reedtown Water/Sewer/Streets
116,751 Seatack Streets Phase II
250,000 Housinq Rehabilitation
100,000 Relocation
100,000 Relocation/Last Resort Housinq
75,000 Site Improvements
439,071 Administration
$2,635,000 TOTAL APPROPRIATIONS
Total Community Development Funds (Funds
generated from housinq rehab loan funds and
- 60,000 water/sewer fees)
$2,575,000 Total Entitlement Grant (1983-84)
That the appropriations will be financed 100% by
federal funds from HUD, with no local match required.
FIRST READING: July 11, 1983
SECOND READING: Aug. 01, 1983
August 1, 1983
-33-
Item II-G. 7
CONSENT AGENDA ITEM # 20360
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED an Ordinance, on FIRST READING, to revise certain revenue
estimates and reduce appropriations in the 1983-1984 Fiscal Year Operating
Budget (Constitutional officers).
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 1, 1983
-34-
AN ORDINANCE TO REVISE CERTAIN REVENUE
T-7
ESTIt4ATES AND REDUCE APPROPRIATIONS IN THE
1983-1984 FISCAL YEAR OPERATING BUDGET
WHEREAS, the State Reimbursement for the operation of the
Constitutional Officers approved by the Compensation Board for the 1983-1984
fiscal year was $324,762 less than that anticipated in the City's Operating
Budget and,
WHEREAS, the Constitutional Officers, at the City Manager's request,
reevaluated their budgets and revenue sources and identified additional revenues
of $306,644 and appropriation reductions of $18,118,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that estimated revenues in the 1983-1984 fiscal year operating budget be
revised as follows:
Current Revised Variance
Revenue Revenue Over
Revenue Item Estimate Estimate (Under)
Reimbursement-Commissioner
of the Revenue $ 512,686 $ 447,607* $ (65,079)
Reimbursement-Treasurer 626,785 481,202* (145,583)
Reimbursement-Commonwealth's
Attorney 491,916 496,705* 4,789
Reimbursement-Sheriff 1,805,468 1,684,952* (120,516)
Reimbursement-Commonwealth's
Attorney-Welfare Fraud 36,924 38.551* 1,627
Reimbursement-Jail Expenses 493,600 537,987 44,387
Current Taxes-Personal
Property 21,734,631 21,894,388 159,757
Sheriff's Fees 15,000 37,500 22,500
intereat on Delinquent
Taxes 260,000 300,000 40,000
Prior Year
Personal Property 30,000 70,000 40,000
Total Variance $ (18,118)
*Determined by the C6mpensation Board.
And be it further ordained that appropriations be reduced as follows:
Current Revised
riation Appropriation Total
Comonvealth's Attorney $1,010,850 $ 996,732 $ 14,118
City Treasurer 1,566,045 1,562,045 4,000
Total Reduction $ 18,118
First Reading: August 1, 1983
Second Reading:
Approved by the Council of the City of Virginia Beach on the day
of 1983.
L-1-ORD7
-35-
Item II-G.8
CONSENT AGENDA ITEM # 20361
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of
$2,000,000 to the School Capital Projects Fund.
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 1, 1983
-36-
AN ORDINANCE TO AIIPROIIRIATI@" L,UNDS
OF $2,000,000 TO TIIE SCHOOI, CAPITAL
PROJECTS FUND
WHEREAS, on July 12, 1982, City Council endorsed
the School Board applic@ttion to the State Board of
Education l'or the purpose of borrowing $2 million from
tlie Literary Fund for construction oF .1 nc,,w elementary
school in tlie West Kempsville area (Capital Project
1-916), and
WIIEREAS, the State Board of@ Educ,@ition has approved
the loan at an a.nnual interest rate of 3','@, and
WIIEREAS, the project is a part of the City's
Capital Improvement Program and is presently underway.
NOW, THEREFORE BE IT ORDAINED BY TIIE COUNCIL OF
THE CITY OF VIRGINIA BEACII that l'unds of' $2,000,000 are
hereby appropriated to the S(.@hool C@,tpittl Projects Fund
for the construction of pro,jc,(,,t, .1-916 Centerville
Elementary School.
BE IT FURTHER ORDAINED t@liat thi,,- appropriation be
offset by Literary Fund Loan pro(-,eeds of $2,000,000.
This ordinance shall be (i@ff'c2ctivc@ from the date of
its adoption.
Adopted by the Council of' t,h(? City of Virginia Beach
on the day of 1983.
FIRST READING: August 1, 1983
SECOND READING:
-3 7-
Item II-G.9
CONSENT AGENDA ITEM # 20362
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer funds of $50,000 from Water and
Sewer Fund Reserve for contingencies to the Water and Sewer Capital Pro-
jects Fund for legal services as required for the Lake Gaston Water Re-
source 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 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 1, 1983
-38-
AN ORDINANCE TO TRANSFER FUNDS
OF $50,000 FROM WATER AND SEWER
FUND RESERVE FOR CONTINGENCIES
TO THE WATER AND SEWER CAPITAL
PROJECTS FUND FOR LEGAL SERVICES
AS REQUIRED FOR THE LAKE GASTON
WATER RESOURCE PROJECT
WHEREAS, City Council desires to pursue the Lake Gaston
alternative as a possible solution to the City's long-term
water supply needs, and
WHEREAS, the Department of Public Utilities is requesting
a transfer of funds of $50,000 for legal services as needed for
the Water Resource Project, and
WHEREAS, the funding for this activity can be provided from
the Water and Sewer Fund Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $50,000 be transferred from
Water and Sewer Fund Reserve for Contingencies to the Water
andSewer Capital Projects Fund for legal services as required
for the Lake Gaston Water Resource Project.
Adopted by the Council of the City of Virginia Beach,
virginia, on the -1st day of August 1983.
August 1, 1983
-39-
Item II-G.10
CONSENT AGENDA ITEM # 20363
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer funds of $24,000 to continue bulk
mailing by the Department of Parks and Recreation.
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 1, 1983
-40-
AN ORDINANCE TO TRANSFER
FUNDS OF $24,000 TO CONTINUE
BULK MAILING BY THE DEPAR'NIENT
OF PARKS AND RECREATION
WHI@@.REAS, t@he De-partment of Park,; and Pecreation
has determined that their bulk mailing effort in May
1983 was a sti(-Icess based on thc@ r(spons(, of the public
and increased revenues, and
WHEREAS, the deptrtment d(,sires to (@ontinue bulk
mailing thr(,(, times a year on(@e (@ach in t,he fall,
winter, and spring, and
WIIEREAS, the mailing co,,;ts l'or bulk mailing three
times a year are (?stimated at apprc)ximat(,.Iy $24,000, and
WHEREAS, the department has budgeted funds of $12,000
which can be transferred from advertising to postal
services to (@over the fall mail-out ,tnd needs additional
funds or $12,000 to cover tlie winter and spring mail-outs, and
WIIEREAS, the additional funds of $12,000 can be made
available from the General Fund Reserve for Contingencies.
NOW, TliEREFORE, BE IT ORDAINED BY THE COUNCIL OF
TIIE CITY OF VIRGINIA BEACII that funds or $12,000 be
tran.,4Ferr(@d wit@hin t.he op(,r@il ing budg(,I. of' the Department
of Parks and Recreation from advertising to postal services
to c@ov(@r t@h(, f:all bulk mailing program, and
Be it further ordaine@d that funds o,r $12,000 be
transferred from the General Fund Re@,erve for Contingencies
to the Department of Parks and Recreation t.o cover the
winter and spring bulk mailing programs.
Adopted by the Council of thc, Cit,y of Virginia
Belacli on the 1st day of August 19 83
August l,'1983
-41-
Item II-G.11
CONSENT AGENDA ITEM # 20364
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council DEFERRED for one week an Ordinance to transfer Capital Project
Funds of $44,768 from Project 2-815 Stumpy Lake Drainage to Project 2-812
Oceana N.A.S. Entrance.
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 1, 1983
-4 2-
AN ORDINANCE TO TRANSFER
CAPITAL PRO.'ECT FUNDS OF
$44,768 FROM PROJECT 2-815
STUMPY LAKE DRAINACIE TO
PROJECT 2-812 OCEANA N.A.S.
ENTRANCE
WHEREAS, project 2-812 Oceana N.A.S. Entrance
was one of the rapital projects approved for close-out
by City Council on June 27, 1083, and
WHEREAS, the presence of a new bill for $44,768
from the Virginia Department of Highways and Transportation
to be charged to this project requires that the project
remain open, and
WHEREAS, due to the close-out transfers, project
2-812 Oceana N.A.S. Entrance is in need of additional
appropriations of $44,768 to offset the new expenditure, and
WHEREAS, the necessary funds mav be transferred from
project 2-815 Stumpy Lake Drainage due to the inactive
status of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, that funds of $44,768 be
transferred from project 2-815 Stumpl7 Lake Drainage to
project 2-812 Oceana N.A.S. Entrance to provide for the
necessary appropriations to match expenditures for the
Oceana project.
Adopted by the Council of the City of Virkinia Beach
on the day of 19
August 1, 1983
-43-
Item II-G.12
CONSENT AGENDA ITEM # 20365
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer funds within the FY 84 TVASAP
Budget to establish twelve full-time permanent positions.
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. Ki.tchin, 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 1, 1983
-44-
AN ORDINANCE -0 TRANSFER
FUNDS WITHIN THE FY 84
TVASAP BUDGET TO ESTABI,ISH
TWELVE FULL-TIME PERMANENT
POSITIONS
WHEREAS, in the FY 84 operating budget TVASAP received
approval for fourteen temporary position,,;, and
WHEREAS, in order to maintain their standards and
continue to provide service at th(,,ir present level under
an increasing workload, TVASAP is requesting that twelve
of the fourteen temporary positions b(@ converted to full-time
permanent st,.Ltu-@ and the two remaining temporary positions
which were a duplication be deleted, and
WHEREAS, the twelve permanent positions consist of
five clerical positions and s(,ven coijnselors and funding
can be provided by reallocating appropriations within the
TVASAP budget between fring(@ b(@n(,,fits and
contractual services with no additional funding required.
NOW, TIIEREFORE, BE IT ORDAINED BY @IIE COUNCIL OF THE
CITY OF VIRGINIA BEACH that twelve full-time permanent
positions consisting of 5 clerical positions and 7 counselors,
are hereby authorized in the FY 84 TVASAP budget and that
funds be transferred as follows to provide for these positions:
From: Personal Salari(,s -$14,990
Contractual Sc@rvices -9,647
To: Fringe Benefit@ +$24,637
Net Charge $ -0-
Be it further ordained that fourteen temporary positions
are hereby removed from the FY 84 TVASAP budget.
Adopted by the Council of the City of Virginia Beach
on the 1st day of August 1983
-45-
Item II-G.13
CONSENT AGENDA ITEM # 20366
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing a $45,000 temporary cash advance
to the Department of Economic Development.
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, IIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1983
-46-
REQUESTED BY: DEPARTMENT OF ECONOMIC DEVELOPMENT
AN ORDINANCE AUTHORIZING A
$45,000 TEMPORARY CASH ADVANCE
TO THE DEPARTMENT OF ECONOMIC
DEVELOPMENT
WHEREAS, industry practice requires payment to
entertainers at the time of their performances; and
WHEREAS, computer ticket sales made at outlets
other than Pavilion (off-site sales) are not available to
the,City for several days after a performance; and
WHEREAS, the Department of Economic Development
estimates the potential off-site sales, required at settle-
ment for the Virginia Beach Jazz Festival, at $45,000:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the Finance Director is authorized to issue
a temporary advance not exceeding $45,000 to the Assistant
Coiivention Center Manager to help in making settlement with
the entertainers in the Virginia Beach Jazz Festival that
is booked at the Pavilion for August 12th, 13th, and 14th,
1983. This cash advance is to be repaid at the earliest
possible time.
ADOPTED: August 1, 1983
i! y
August 1, 1983
-47-
Item II-G.14
CONSENT AGENDA ITEM # 20367
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer Capital Project Funds of $111,496
from Project 2-815 Stumpy Lake Drainage to Project 2-997 Indian Lakes
Boulevard.
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. Ki.tchin, 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 1, 1983
-48-
AN ORDINANCE TO TRANSFER CAPITAL
PROJECT FUNDS OF $111,496 FROM
PROJECT 2-815 STUIMPY LAKE DRAINAGE
TO PROJECT 2-997 INDIAN LAKES BOULEVARD
WHEREAS, Urban Associates-Three is developing certain
real property in the Kempsville Borough, known as Indian Lakes
subdivision, and
WHEREAS, the development of the property requires the
construction of certain roads including a portion of Indian
Lakes Boulevard from south of Halifax Drive to Indian River
Road, and
WIIEREAS, the developer has agreed to design and construct
two lanes of the ultimate section of Indian Lakes Boulevard
from south of Halifax Drive to Indian River Road in accordance
with the City's Major Right-of-Way Improvement Policy, and
WHEREAS, the city will reimburse the developer those
costs incurred which exceed the cost to construct a standard
subdivision street, and
WHEREAS, the total project is estirlated to cost $235,206
and the city's share is $111,496, and
WHEREAS, funding for the city's share of the project is
available from Project 2-815 Stumpy Lake Drainage due to the
inactive status of this project.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the development of Indian Lakes Boulevard
from south of Halifax Drive to Indian River Road is hereby
aDproved as a capital project and that cadital project funds
of $111,496 are hereby transferred from Project 2-815 Stumpy
Lake Drainage to Project 2-997 Indian Lakes Boulevard for
construction idurposes.
BE IT FURTHER ORDAINED that the City Manager is hereby
authorized to enter into the appropriate agreement with Urban
Associates-Three for the city's participation in the
construction costs of Indian Lakes Boulevard.
This ordinance shal.1 be effective from the date of its
adoption.
Adopted by the Council of the the City of Virginia Beach,
virginia on 1st day of August 1983.
-49-
Item II-C.15
CONSENT AGENDA ITEM # 20368
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer Capital Project Funds of $97,000
between Capital Projects to provide a sewer pump station for Croatan Beach
area.
Voting: 11-0
Council Members Voti.ng 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 1, 1983
-50-
AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $97.000
BETWEEN CAPITAL PROJECTS TO PROVIDE
A SEWER PUMP STATION FOR CROATAN BEACK AREA
WHEREAS, Bangel-Kramer Enterprises is developing certain real
property in the Croatan Beach area and is required to build a sever pump
station to serve the project and,
WHEREAS, the Department of Public Utilities has requested the
developer to increase the capacity of the pump station to serve as an area-
wide station with the City responsible for the differential cost, esti-
mated at $97.000 and.
WHEREAS, the City has not scheduled construction of the area-
wide pump station to begin until October 1984 but wishes to enter into an
agreement with the developer to take advantage of a substantial cost
savings,
WOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA REACH, that appropriations be transferred between capital projects
as enumerated below to provide funds for the Croatan Beach pump station.
Transfer from:
5-827 Birdneck Point Water System 85,710
- Improvement to Sites 11,290
Transfer to:
6-933 Croatan Beach + $ 97,000
Be it further ordained that the City Manager is hereby
authorized to enter into the appropriate agreement with Bangel-Kramer
Enterprises, Inc. to provide for a sewer pump station for the Croatan Beach
area.
Adopted by the Council of the City of Virginia Beach on the
1st day of August 19 83
KAR-2/ORD1
-51-
Item 11-G.16
CONSENT AGENDA ITEM # 20369
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer funds of $45,000 within the
Department of Public Works to provide for the use of temporary labor
services.
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 1, 1983
-52-
AN ORDINANCE TO TRANSFUR FUNDS
OF $45,000 WITHIN TIIE DEPART@IENT
OF PUBLIC WORKS TO RROVID@ FOR THE
USE OF TEHIPORARY LABOR SERVICES
WHEREAS, the Department of Public Works has utilized
a temporary labor services program in FY 83 and is very
pleased with the results of th(', progr',Lm, Ind
W]iEREAS, ratlier than fill (,.(,rtain v,,i(@,int personnel
positions, the department has augmented labor crews with
t(@mporary labor eontracted from privatc, firms, and
WIIEREAS, the advantag(,s of tbe program are greater
rlexibility of manpower and reduction in pe@rsonnel costs, and
WHEREAS, the department desires to c@ontinue the
program in FY 84 and will fr(-,eze five personnel positions
in order to t@ran,,;fer $45,000 ror the program, and
NOW THEREFORE BE IT ORDAINED BY THII' COUNCIL OF THE
CITY 01' VIRGINIA BEACii that funds of $45,000 be transferred
within the Department of Public Works from personnel costs
to contractual services in order to continue the temporary
labor services program for FY 1984,
Adopted by tlie Council of the City of Virginia Beach,
Virginia on thc@ 1st d,,i y o f August 19 83
August 1, 1983
-53-
Item II-G.17
CONSENT AGENDA ITEM # 20370
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Close Avenue to Ocean Point Properties,
Inc., its assigns and successors in title.
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 1, 1983
-54-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF CLOSE AVENUE TO OCFAN
POINT PROPERTIES, INC., ITS
ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRCINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virainia, 1950, as
amended, Ocean Point Properties, Inc., its assiqns and successors
in title is authorized to construct and maintain a temporary
encroachment into the riqht-of-way of Close Avenue.
That the temporarv encroachment herein authorized is
for the purpose of erectina and maintaininq four private 21 PVC
sanitary sewer lines and that said encroachment shall be erected
and maintained in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment
and location, and further that such temporary encroachment is
more particularly described as follows:
An area of encroachment into a portion
of the City's riqht-of-way known as
Close Avenue, on the certain plat
entitled: "Encroachrnent Into Close
Avenue," a copy of which is on file in
the Department of Public Works and to
which reference is Tnade for a more
partic,ilar description.
PROVIDET), HOWEVER, that the tetnporary encroachment
herein authorized shall terminate upon notice bv the Citv of
Virqinia Beach to Ocean Point Properties, Inc., its assians and
successors in title and that within thirty 30 days after such
notice is qiven, said encroachment shall be removed from the City
right-of-way of Close Avenue and that Ocean Point Properties,
Inc., its assiqns and successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Ocean Point Properties, Inc., its assians and
successors in title shall indemnify and hold harmless the City of
Virqinia Beach, its aqents and employees frrm and aqainst all
August 1, 1983
-55-
claims, damaqps, losses, and expenses includinq reasonabIL-
attorney's fees in case it shall be necessarv to file or defend
an action arisinq out of the location or existencp- of such
encroachment.
AND, PROVIDED FURTHER, that t@lis ordinance shall not be
in effect tintil such time that Ocean Point Properties, Inc.,
executes an agreement with the City of virqinia Beach
encompassinq the afore-mentioned provisions.
Adopte,i by the Council of the City of Virqinia Beach,
Virainia, on the -lqt day of Aupust 19 83.
MES/sm
7/22/83
(29-B)
@T
'A
-2-
August 1, 1983
-56-
Item II-G.18
CONSENT AGENDA ITEM # 20371
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way Newtown Road to Mr. George E. Langley, his
heirs, assigns and successors in title.
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 1, 1983
-5 7-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY NEWTOWN ROAD TO MR.
GEORGE E. LANGLEY, HIS HEIRS,
ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contaiped in Section 15.1-893, Code of virginia, 1950, as
amended, George E. Langley, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Newtown Road.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining a private 21 PVC
force main to service the offices of Langley and McDonald located
at 484 Newtown Road and that said encroachment shall be erected
and maintained in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment
and location, and further that such temporary encroachment is
more particularly described as follows:
An area of encroachment into a portion
of the City's right-of-way known as
Newtown Road, on the certain plat
entitled: 'PROPERTY OR GEORGE E. &
ELIZABETH C. LANGLEY, It4STALLATION PLAN,'
a copy of which is on file in the
Department of Public Work and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to George E. Langley, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Newtown Road and that George E. Langley his
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that George E. Langley, his heirs, assigns and
August 1. 1983
-58-
in title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that George E. Langley executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1st day of August ig 83
MES/re
7/26/83
(29-C)
A
CITY ATTOI@NEY
-2-
August 1, 1983
-59-
Item II-G.19
CONSENT AGENDA ITEM # 20372
TJpon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Sandfiddler Road to Mr. Robert S. Dolsey
and Mr. Louis D. Parham, Jr., their heirs, assigns and successors in title.
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 1, 1983
-60-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORA@Y
ENCROACHMENT INTO A PORTION OF THE
RIG14T-OF-WAY OF SANDFIDDLER ROAD TO MR.
ROBERT S. DOLSEY AND MR. LOUIS D.
PARHAM, JR., THEIR HEIPS, ASSICNS
AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in ',ection 15.1-893, Co(le@ of Virciinia, 1950, as
amended, Mr. Robert S. Dolsey and Mr. Louis D. Parham, Tr., their
heirs, assiqns an(I successors in title are atithorized to
construct and maintain a temporary encroachment into the
riqht-of-wav of Sandfiddler Road.
That the temporary encroachment herein authorized is
for the purpose of erectinq and maintaininq two 2-inch PVC force
mains and a 6 inch steel encasement pipe and that said
encroachment shall be erected and maintained in accordance with
the City of Virqinia Beach Public Works Department's
specifications as to size, alignment and location, and further
that such temporary encroachment is more Darticularly described
as follows:
An area of encroachment into a portion of
the Citv's riqht-of-way known as
Sandfiddler Road, on the certain plat
entitled: 'Site Plan Proposp(i Billkhearl &
Driveway Lot 19 - Sect. 2 - TR. C
Sandbridoe Reach M.B. 51, P. 55, April
25, 1983, paaes 1, 2, 3, and 4," a copy
of which is on file in the T)Ppartment of
Public Works and to which reference is
made for a more Particular description.
PROVIDED, HOWEVFP, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virqinia Beach to Mr. Robert S. Dolsev and Mr. Loilis D. Parham,
Jr., their heirs, assiqns and successors in title and that within
thirty 30 days after such notice is aiven, said encroachment
shall be removed from the City riaht-of-way of Sandfiddler Road
and that Mr. Robert S. Dolsey and Mr. Louis D. Parham, their
heirs, assigns and sticcessors in title shall bear all costs and
expenses of such removal.
Au ust 1 1
-61-
AND, PROVIDED FURTHER, that it is expressly understood
and aoreed that mr. Robert S. T)olspy an(, Mr. Louis D. Parham,
their heirs, assiqns and successors in title shall indemnify and
hold harmless the City of virqinia Reach, its aqents and
emplovees from and aqainst all claims, damacies, losses, and
expenses includinq reasonable attorney's fees in case it shall be
necessary to file or defend an action arisinq out of the location
or existence of such encroach.,nent.
AND, PRON7IDFD FURTHER, that this ordinance shall not be
in effect until such time that Mr. Rohert .9. Dolsey and Mr. Louis
D. Parham execute an acirepyrent with the City of Virqinia Beach
encompassina the afore-mentione(i provisions.
Adopted by the Council of the City of Virainia Beach,
Virqi.nia, on the 1st (iay of August 19 83.
MES/SM
7/22/83
(29-B)
'T
@3 FO
CITY AT"C@,.,IEY
-2-
August 1, 1983
-62-
Item II-G.20
CONSENT AGENDA ITEM # 20373
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Kempsville Road to Texaco, Inc.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, 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 1, 1983
-63-
REQUESTED BY: DEPART@IENT OF PUBLIC UTILITIES
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF KEMPSVILLE ROAD TO TEXACO INC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Texaco Inc. is authorized to construct and maintain
a temporary encroachment into a portion of the City right-of-way
of Kempsville Road.
That the temporary encroachment herein authorized is
for the purpose of 2" force main and that said Texaco Inc. shall
be constructed in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment
and location, and further that such temporary encroachment is
more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Kempsville Road, as shown on that certain
plat entitled: "Plan of Encroachment
Agreement For Texaco, Inc.," a copy of
which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Texaco Inc. and that within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City right-of-way of Kempsville Road by
the Texaco Inc. and that the Texaco Inc., its assigns and
successors in title shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Texaco Inc., its assigns and successors in
title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's
August 1, 1983
-64-
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment;
and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Texaco Inc. executes an agreement with
the City of Virginia Beach encompassing the afore-mentioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of August 1983
MES/re
5/30/83
(29B)
APPROVED AS TO COMTENT
5IGNATURE
DEPARTMENT
il IOFORM
C, @, -,,,T 7.i@EY
-2-
August 1, 1983
-65-
Item 11-G.21
CONSENT AGENDA ITEM # 20374
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an ordinance appointing Viewers in the petition of Jobn
Franklin, III, and Martha D. Franklin for the closure of a portion of an
alley bounded by Elm Avenue and Dare Drive (Lynnhaven Borough).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1983
-66-
ORDINANCE APPOINTINO VIEWERS
WHEREAS, John-Franklin, III and Martha D. Franklin
have given due and proper notice, in accordance with the
statutes for such cases made and provided that they will on the
1st day of August, 1983, apply to the City Council of the City
of Virginia Beach, Virginia, for the appointment of viewers to
view the below described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance,
vacation and closure of the hereinafter described portion of
that certain alley, and has filed such application with said
Council;
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT
and
are hereby
appointed to view the below described property and report in
writing to the Co.uncil, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain
alley located in the City of Virginia Beach, Virgiriia, and more
particularly described as follows:
That portion of an undeveloped alley
bounded by Elm Avenue on the South and Dare
Drive on the North, which lies between Lot
13 of Block 21 on the West and Lot 27 of
Block 21 on the East and more particularly
described as beginning at a pin on the SW
corner of Lot 27, Block 21, thence South
851 45' 45" West a distance of 15 feet to a
pin in the SE corner of Lot 13, Block 21,
thencp North 041, 14' 15" West to the
northernmost point of Lot 13, thence along
a line having a radius of 988.37' which is
the South side of Dare Drive to a point on
Dare Drive which meets the dividing line
between Lots 27 and 28, Block 21, were it
extended in a northerly direction to a
point in the South side of Dare Drive;
thence South 851 45' 45" West to a pin in
the dividing line between Lots 27 and 28,
Block 21, thence South 04@ 141 15" East a
distance of 501 to the point of beginning
as shown on that plat of Croatan Beach,
recorded in Map Book 24, Page 37, in the
Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia.
-67-
All of the above as shown upon that certain plat
entitled, "Physical.Survey for Alley Closure, Croatan Beach,
Lynnhaven Borough, Virginia Beach, virginia", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed alley.
August 1, 1983
-68-
Item II-G.22
CONSENT AGENDA ITF14 # 20375
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council DEFERRED for one week the Ordinance closing, vacating and discon-
tinuing a portion of Poinciana Drive (Lynnhaven Borough) in the petition
of Merlin Van Statzer and Rita Statzer. (This matter was deferred on
June 20, 1983 until August 1, 1983.) (Applicant had requested this item
be deferred for an additional week, thus the action by Council this date.)
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 1, 1983
-69-
Item II-G.23
CONSENT AGENDA ITEM # 20376
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the low bid of Asphalt Roads and Materials Company, Tnc.
in the amount of $254,438.70 for the 1983-84 Bituminous Concrete Schedule
for Completed Utility Projects; 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, 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 1, 1983
-70-
Item II-G.24
CONSENT AGENDA ITEM # 20377
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the following Raffle Permits:
Ocean Park Women's Club
Tidewater Smocking Arts Guild
Virginia Beach S.P.C.A.
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, IIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 1, 1983
-71-
Item II-G.25
CONSENT AGENDA ITEM # 20378
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED an Ordinance authorizing Tax Refunds in the amount of
$1,695-20 upon application of certain persons and upon certification of
the Treasurer for payment.
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 1, 1983
NO. C.A. 7 -7 2-
7/1 5/83 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 appilcations for tax refunds upon certification of the Treasurer are hereby approved:
NANE Tax Type Ticket Exonera. D:!de Penalty lnt. Total
Y ear of Tax Number tion NO. p i
infred 0 & Ruby L Stant 80 RE(1/2) 60579-8 11/21/79 35.17
infred 0 & Ruby L Stant 80 kE(2/2) 60579-8 6/5/80 35.17
infred 0 & Ruby L Stant 81 RE(1/2) 71874-6 11/17/80 39.75
infred 0 & Ruby L Stant 81 RE(2/2) 71874-6 6/1/81 39.75
infred 0 & Ruby L Stant 82 RE(1/2) 74928-5 11/16/81 43.37
infred 0 & Ruby L Stant 82 RE(2/2) 74928-5 5/19/82 43.37
atricia J van den Berg 82 RE(1/2) 80395-6 12/5/81 72.00
atricia J van den Berg 82 RE(2/2) 80395-6 6/5/82 72.00
nnio & Virginia J Opalio 83 RE(2/2) 93961-2 6/5/83 95.88
ohn E Dreuitt 83 RE(1/2) 22564-2 4/4/83 10.60
eorge L & Priscilla A Ayers 83 RE(1/2) 3306-5 12/3/82 14.44
iley H Chow et ux 83 RE(1/2) 14634-5 12/5/82 896.40
rican Video 83 pp 2678-6 6/5/83 271.26
Paul D Henderson 83 pp 64010-3 6/5/83 26.04
Total 1,695.20
JUL 1 IqRl
DEP'T- OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling e
$3 695 20 were approved by
the Council of the City of Virginia
Beach on the i . t day of 1983
r(
A ved as to form..
Ruth Hodges Smith
City Clerk lt'3
August 1, 1983
-73-
Item II-H.6
PLANNING ITEM IT04 #20379
(moved forward on the Agenda)
Senator Joseph Canada represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council
voted to ADOPT the ordinance upon application of MARY 1. RAMUS for a Change of
Zoning from B-2 to R-8 (MODIFIED from B-4) with the two stipulations outlined
in the City Manager's letter of August 1, 1983, understanding that City sewer
is not yet available and a septic tank will be used until sewer becomes available,
per the following:
ORDINANCE UPON APPLICATION OF MARY 1. RAMUS FOR A
CHANGE OF ZONING FROM B-2 TO R-8 (MODIFIED FROM B-4) Z0883734
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Mary I. Ramus for a
Change of Zoning District Classification from B-2
Community-Business District to R-8 Residential
District on certain property located on the south side
of Bayside Road beginning at a point 390 feet more
or less east of Ellis Avenue, running a distance of
85.12 feet along the south side of Bayside Road,
running a distance of 132 feet in a southeasterly
direction, running a distance of 84.42 feet along the
northwest side of Shell Road and running a distance of
171.40 feet in a northwesterly direction. Said parcel
contains 13,288 square feet. BAYSIDE BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the First day
of August, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
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
August 1, 1983
-74-
Item II-H.6
PLANNING ITEM ITEM #20380
(moved forward on the Agenda)
Senator Joseph Canada represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council
voted to ADOPT the ordinance upon application of MARY I. RAMUS for a Conditional
Use Permit per the following:
ORDINANCE UPON APPLICATION OF MARY I. RAMUS FOR A
CONDITIONAL USE PERMIT TO OPERATE A HOME FOR ADULTS R0883560
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Mary 1. Ramus for a
Conditional Use Permit to operate a home for adults
on certain property located on the south side of
Bayside Road beginning at a point 390 feet more or
less east of Ellis Avenue, running a distance of 85,12
feet along the south side of Bayside Road, running a
distance of 132 feet in a southeasterly direction,
running a distance of 84.42 feet along the northwest
side of Shell Road and running a distance of 171.40
feet in a northwesterly direction. Said parcel con-
tains 13,288 square feet. BAYSIDE BOROUGH,
The following may be required by the staff:
1. City water and sewer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the First 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 1, 1983
-7 5-
Item II-H.1
PLANNING ITEM ITEM # 20381
Channing Phiffer of Tidewater Builders Association spoke in favor of the ordinance.
Ray LeSesne of the Council of Civic Organizations spoke in opposition.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council voted to uphold the recommendation of the Planning Commission and
ADOPTED the Ordinance to amend and reordain Article 6, Section 602, of the
Comprehensive Zoning Ordinance pertaining to Lot, Yard, Open Space, Density,
Height, and Lot Coverage requirements in the A-1 Apartment District. (This
item was voted on June 6, 1983 to be expedi.ted from the July 12, 1983 Planning
Commission to the August 1, 1983 City Council meeting.)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Meyera E. Oberndorf
Council Members Absent:
None
August 1, 1983
-76-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 602 OF TnE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO LOT, YARD, OPEN SPACE,
DENSITY, HEIGHT, AND LOT COVERAGE
kEQUIREMENTS IN THE A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 6, Section 602, lot, yard, open space,
density, height and lot coverage requirements in the A-1 apartment
district of the C.Z.O., be amended and reordained as follows:
Section 602. Minimum lot area, lot width, yard spacing, recreation
space, maximum density, height, and lot coverage
regulations.
Within an A-1 Apartment District, the following shall
constitute the lot, yard, and open space requirements:
(a) The minimum lot area for multiple-family, elngle
family duplex, and semi-detached dwellings
prineipal-ase@ shall not be le9a-than ten thousand (10,000) square
feet,-, and the minimum lot area for single-family dwellings shall be
five thousand (5,000) square feet, provided, however, that the
miinimum lot area for each section of semi-detached dwellings shall
be five thousand (5,000) square feet. No minimum lot area shall be
required of 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 oE a permitted use; and provided, further,
that the minimum lot area for any use other than as hereinabove
provided shall net be less-them forty thousand (40,000) square
feet;, provided, however, that the minimum lot area for churches
shall be three (3) acres.
(b) The minimum lot width for multiple-family dwellings
shall be one hundred (100)
feet, for single-family shall be eiejhty-fgg@ forty-five (45) feet
and for duplex shall be seventy-five (75) feet. The minimum lot
width for each section of semi-detached dwellings shall be
thirty-five (35) feet. No minimum lot width shall be required of
any off-street parking facility, located on a zoning lot other than
August 1, 1983
-7 7-
the zoning lot on which the principal use is situated, to meet
parking requirements of a permitted use; and provided, further, that
the minimum lot width for any use other than as hereinabove provided
shall neL- be I-ess-them one hundred fifty (150) feet.
(c) The minimum yard requirements for multiple-family,
single-family, duplex, and semi-detached shall be as
follows:
(1) Front yards shall have a minimum depth of
fifteen (15) feet for multiple-family, s+ngie-familyt duplex, and
semi-detached dwellings,
tises and a minimum depth of twenty (20) feet for single-family
dwellings and for uses other than the foregoing. Such front yards
shall, except for necessary access walks and drives, be maintained
in landscaping and shall not be used for parking.
(2) Side and rear yards shall have the following
minimum depths:
(i) Side and rear yards shall be ten (10) feet
in the case of multiple-family, s+nej3!e-
familyT and duplex
For single-family
dwellings, the minimum rear yard shall be
ten (10) feet and the minimum side yard
shall be eight (8) feet. Notwithstanding
the above, there shall be no required side
yard on one side of a single-family
dwelling (the "Zero" side), provided the
following requirements are met:
(a) The reguired side yard opposite the
Zero side shall be at lea t ten (10)
feet.
(b) The required side yard on the lot
adjacent to the Zero side shall be at
least ten (10) feet.
(c) The Zero side shall be so designated
on the subdivision plat in accordance
-2- August 1, 1983
-78-
with section 4.4(i) of the Subdivision
Ordinance.
(ii) For semi-detached units, the rear yard
shall be ten (10) feet and the side yard
shall be eight (8) feet; and
(iii) Fifteen (15) feet in all Other cases.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 1st day of August 1983.
CMS/da
(B.1)
7/27/83
August 1, 1983
-3-
-7 9-
Item II-H.2
PLANNING ITEM TTEM # 20382
Attorney Grover Wright represented the applicant.
Attorney Bill Wahab represented the Lynnhaven Colony Civic League.
Attorney Glenn Croshaw represented the estate of Clyde Absolem.
A motion was made by Councilman Jennings, seconded by Councilman Baum, to
approve the Ordinance closing, vacating, and discontinuing a portion of
Kleen Street and Cape Henry Drive in the petition of LYNN BEACH ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP, subject to the addition of a sixth item and
approving Items 1 through 5 in the City Manager's letter of August 1, 1983.
After discussion, an AMENDED MOTION was made by Councilman Jennings, seconded
by Councilman Baum, to APPROVE the above stated Ordinance, subject to deletion
of Item 1, approval of Items 2, 3, 4, and 5, and the addition of a sixth item
as follows:
6. Retention of public pedestrian access of easement (walkway)
to the Beach in a generally north-south direction along Kleen
Street.
Voting: 7-4
Council Members Votirig Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
None
August 1, 1983
-80-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
A PORTION OF THOSE CERTAIN STREETS OF VARIABLE WIDTH
KNOWN AS KLEEN STREET AND HOLLY AVENUE (A/K/A CAPE
IIENRY DRIVE), LOCATED IN THE LYNNHAVEN BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT PORTIONS
OF KLEEN STREET AND HOLLY AVENUE,,, WHICH PLAT 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 Lynn Beach Associates, a Virginia general partner-
ship, that it would make application to the Council of the City
of Virginia Beach, Virginia Beach, Virginia, on
1983, to have the hereinafter described streets discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that said streets
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described streets be discontinued,
closed and vacated:
ALL THOSE certain parts or portions of Holly Avenue
(also known as Cape Henry Drive) and of Kleen Street
being and located in the City of Virginia Beach,
Virginia, and being more particularly described as
follows: Beginning at a point in the southwestern
corner of Lot 22, Block 1, on the Plat of Lynnhaven
Beach which said plat is duly recorded in the Clerk's
office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 5, at Page 71; from said
point of beginning, thence N 05@ 21' W along the
eastern line of Kleen Street to a point, which point
is the intersection between the eastern line of Kleen
Street and a prolongation in an eastward direction of
the northern lot line of Lot 18, Block 8, Plat of
Lynnhaven Shores (M.B. 7, P. 167 in the aforesaid
Clerk's office); thence S 801 08' W 60.19 feet to a
point in the western line of Kleen Street, which point
is also the northeastern corner of said Lot 18; thence
S 051 211 E along the western line of Kleen Street a
distance of 220 feet to the northwestern intersection
of Kleen Street and Holly Avenue (a/k/a Cape Henry
Drive); thence S 80' 081 W along the northern line of
Holly Avenue 167.04 feet; thence S 09@ 52' E 25 feet;
thence N 80@ 08' E 402.53 feet; thence N 09@ 52' W 25
feet to the southeast corner of Lot 22 in said Block 1;
thence S 80@ 08' W 175.3 feet to the place or point of
beginning.
August 1, 1983
-81-
Said parcels of land being portions of Kleen Street and Holly
Avenue (a/k/a Cape Henry Drive) as indicated on that certain
plat of property to be vacated along existing Kleen Street and
Holly Avenue (a/k/a Cape Henry Drive) for Lynn Beach Associates,
a Virginia general partnership, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book I at page _, and which
is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
-2-
August 1, 1983
-82-
Item II-H.3
PLANNING ITEM ITEM # 20383
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council
ADOPTED the Ordinance closing, vacating, and discontinuing a portion of an
undeveloped 30-foot right-of-way which runs north from Hatteras Road to
Citation Drive in the petition of DAVID F. AND TINA L. ELLIS (Kempsville
Borough). Council approved this request on November 1, 1982 subject to condi-
tions. These conditions were met. (This item had been deferred previously
30 days on 5/9/83, 2 weeks on 6/13/83, 1 week on 6/27/83, and on 7/5/83 to
8/1/83.)
Voting: 10-0 (FINAL APPROVAL)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 1, 1983
-83-
ORDINANCE NO.
AN ORDINANCE CLOST, G, VACA NG AND DISCO NUN
A PORTION OF THA N 171 NTI I
T CERTA N STREET 30 FEET WIDE
RUNNING NORTH BETIIEEN HATTERAS ROAD
AND CffAnON DRIVE
LOCATED IN KEMPSVILLE BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
11 q Ul
WHEREAS, proper notice that David F. and Tina L. F i. wo d
make application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter described portion of Ihat certain
undeveloped street, 30 feet wide running North between Hattera.% Road and
Citation Drive clo.Red, vacated and discontinuted wa.% duly advertised;
and
WHEREAS, the Petitioner, as owning part of the property
abutting said street, which i, effected by its closure, has requested
that said street be closed; and
WHEREAS, application was made to the City Planning CommL%sion
and to the City Council, and, pursuant to the statutes In such ewes
made and provided, the Council appointed Viewers who have reported to
the Council that no inconvenience to the public or to private tndivi-
duals would re,.;ult from such cl@ng.-,, vacating and discontinuance; and
WHEREAS, it Lq 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
CrrY OF VIRGINIA BEACH, VIRGINIA:
Section 1: That the said undeveloped street 30 feet wide
running North between Hatteras Road and Citation Drive described below,
located in the Kempsville Borough of the City of Virginia Beach,
Virginia, iq hereby closed, vacated and dL,;continued, said street not
being needed for public tlse-
"A portion of that certain undeveloped street situate
in Virginia Beach, Virginia, known &% 11301
RIGHT-OF-WAY", commencing at the northeast corner of
Parcel B a% shown on that certain plat entitled
"Huntington - Section l(M.B. 56, P. 19) where -;aid
point abutts the southern line of Citation Drive and
from said point of beginning running along the
we%tern boundary of Parcel B S 22' 231 1011 W a
di,,tance of 226.961 to a pin; thence turning and
lit.l@;YS AT 1,AW running in a southeasterly direction parallel with
.'fA HF.A( 11, VA 2:1412 Kempsville Road S 23' 001 E a distance of approxima-
tely 451 to a point on the western property line of
Lot 21; thence running along the westerly property
-1-
August 1, 1983
-84-
pin on the soutbwestern boundary of Lot 1,
Block C, Huntington - Section 1; thence con-
tinuing in a northerly direction along the
western line of Lot 1, N 22*23"10' E a dis-
tance of 142.161 to a point on the eastern
line of Citation Drive; thence turning and
running in a southwesterly direction a dis-
tance of 45' to a pin, which pin is the point
.of beginning.
Section 2: A copy of this Ordinance, certified by the.
Clerk, shall be spread upon the public records in tbe Clerk's
Office in tbe Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the City of Virginia Beach
as Grantor.
Section 3: This Ordinance shall be effective thirty
(30) days from date of passage.
6.11.12.c
Adopted by the Council of the City of Virginia Beach, Virginia on the First
day of August, Nineteen Hundred Eighty-Three.
-2- August 1, 1983
-85-
Item II-H.4
PLANNING TTEM ITEM # 20384
Attorney Edward Caton represented Drs. Visser, Martin and McQuire.
Attorney Glenn Croshaw represented the applicant and presented a letter from
Wilbur Smith and Associates, Tnc. addressed to Mr. Sam Scott which is hereby
made a part of the record.
Martha J. Clukey represented Wolfsnare Civic League.
Sam Scott of Cavalier Properties spoke.
A motion was made by Councilman Jennings that City Council RETAIN the condition
of approval for the rezoning adopted December 20, 1982, relating to the applica-
tion of CAVALIER PROPERTIES, A LIMITED PARTNERSHIP, for a Change of Zoning
district classification from B-2 Community-Business District to A-2 Apartment
District:
"5. Improvement of existing median cut in the southerly
direction to include a left-turn lane."
There was no second to the motion by Councilman Jennings.
Upon motion by Councilman McCoy, seconded by Councilman Kitchin, City Council
voted to uphold the recommendation of the staff and ADOPTED the deletion of
the condition for "improvement of existing median cut in the southerly direction
to include a left-turn lane".
Voting: 9-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TII, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum and H. Jack Jennings, Jr.
Council Members Absent:
None
August 1, 1983
-86-
REQUESTED BY: CITY MANAGER
AN ORDINANCE TO REPEAL A CERTAIN REQUIRE.@4ENT
OF AN ORDINANCE ADOPTED DECEMBER 20, 1982,
RELATING TO THE APPLICATION OF CAVALIER
PROPERTIES, A LIMITED PARTNERSHIP, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT TO
A-2 APART,4ENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the following language is hereby repealed and
deleted fro@-n the ordinance approving the zoning application
dated December 20, 1982 for Cavalier Properties, a limited
partnership, for a change of zoning district classification from
B-2 to A-2.
"Improvement of existing med-ian cut in the
Southerly direction to @,nclude a left-turn
lane."
This ordinance ghall be effective from the date of
its adoption.
ADOPTED: AuRust 1, 1983
JDB: er
7 -27 -8 3
August 1, 1983
-87-
Item II-H.5
PLANNING ITEM ITEM # 20385
Attorney Grover Wright represented the applicant.
The following also spoke:
Attorney Carl Isbrandtsen, Baylake Pines/Ocean Park Civic League.
Tuck Bowie, Engineer, Talbot and Associates.
Thomas L. Ackiss, President, Baylake Pines Civic League.
James R. Healy, Board of Directors, Water Oaks Condominium Association.
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council
voted to DEFER the application of DONALD L. MOORE for a Change of Zoning from
R-9 to R-8 for one week until a full report is obtained from the City Attorney's
office.
ORDINANCE UPON APPLICATION OF DONALD L. MOORE, T/A
MARSHA LYNN BUILDING CORP., FOR A CHANGE OF ZONING
FROM R-9 TO R-8
Ordinance upon application of Donald L. Moore, T/A
Marsha Lynn Building Corp., for a Lhang@o nin
District Classification from R-9 Residential-
Townhouse District to R-8 Residential District on
parcels located on the east side of Indian Hill Road
and the west side of Lakeside Drive.
Parcel 1: Located on the east side of Indian Hill
Road beginning at a point 450 feet more or less
north of Bayville Road, running a distance of 1257
feet along the western property line, running a
distance of 145 feet along the northern property
line, running a distance of 1112.50 feet along the
eastern property line, running a distance of 90 feet
along the southern property line, running a distance
of 50 feet in a northerly direction and running a
distance of 82 feet in a westerly direction.
Parcel 2: Located on the west side of Lakeside Drive
beginning at a point 730 feet more or less northwest
of Shore Drive, running a distance of 721.35 feet
along the west side of Lakeside Drive, running a
distance of 116.96 feet along the northern property
line, running a distance of 655.34 feet along the
western property line and running a distance of 225
feet along the southern property line.
Said parcels contain 6.4 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, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None August 1, 1983
-88-
Item II-H-7
PLANNING ITEM ITEM # 20386
Alan W. Fulmer, builder, represented the applicants.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
voted to uphold the recommendation of the Planning Commission and ADOPTED an
ordinance upon application of SHIRLEY J. AND JOHN A. SMITH for a Conditional
Use Permit for a single-family home in the AC-1 District.
Vice Mayor Henley commented the applicant should be made aware of a private
road and the requirements necessary for same to be made a public road.
ORDINANCE UPON APPLICATION OF SHIRLEY J. AND JOHN A.
SMITH FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
HOME IN AN AG-1 AGRICNTURAL DISTRICT R0883561
BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Shirley J. and John A.
Smith for a Conditional Use Permit for a single-family
home in the AG-1 Agricultural District on certain
property located 2546.64 feet north of London Bridge
Road and Lot A-22, Plat of Princess Anne Hunt Club,
Inc. Property is located at 2284 London Bridge Road
and contains 5.52 acres. PRINCESS ANNE BOROUGH.
The following may be required by the staff:
1. Compliance with required criteria for installation of septic
tanks in poorly-drained soils.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the First 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 1, 1983
-89-
Item II-H.8
PLANNING ITEM ITEM # 20387
Attorney William Burnside represented the applicant.
Norman Anderson represented the Wolfsnare Acres Civic League and presented a
letter which is hereby made a part of the record.
Dr. George Stallings, Pastor of First Colonial Church, spoke.
A motion was made by Councilman Jennings, seconded by Councilman Heischober,
to approve tbe application of FIRST COLONIAL BAPTIST CHURCH for a Conditional
Use Permit for a Christian Life Center, subject to the Planning Commission's
recommendations; however, deleting Item 2 and amending Item 3 to read:
"3. A proper buffer and landscaping along the western property
line be retained and protected."
A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilwoman
Creech, to APPROVE the subject application subject to all four conditions
outlined in the City Manager's letter dated August 1, 1983.
ORDINANCE UPON APPLICATION OF FIRST COLONIAL BAPTIST
CHURCH FOR A CONDTTIONAL USE PERMIT FOR A CHRISTIAN
LIFE CENTER R0883562
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of First Colonial Baptist
Church for a Conditional Use Permit for a Christian
Life Center (church and related facilities) on certain
property located on the west side of First Colonial
Road beginning at a point 230 feet more or less north
of Wolfsnare Road, running a distance of 254.61 feet
along the west side of First Colonial Road, running a
distance of 526.69 feet along the northern property
line, running a distance of 281.28 feet along the
western property li-ne and running a distance of 565.52
feet along the southern property line. Said parcel is
located at 929 First Colonial Road and contains 3.46
acres. LYNNHAVEN BOROUGH.
The following may be required:
1. City water and sewer.
2. Improvement of the existi.ng ditch along the western property
line in accordance with the Wolfsnare Ditch Plans on file in the
City Engineer's office.
3. A proper buffer and landscaping along the western property line.
As a condition of the use permit, the following is required:
1. Dedication of a 30-foot drainage easement along the western edge
of this property for the Wolfsnare Ditch Improvements AND a 15-
foot dedication along the frontage on First Colonial Road, as per
agreements between the church and the City in 1973. Said dedica-
tions have never been made.
This Ordinance shall be effective from the date of adoption.
Adopted by the Counci.1 of the City of Virginia Beach, Virginia on the First day
of August, Nineteen Hundred
August 1, 1983
-90-
Item II-H.8
PLANNING ITEM (continued) ITEM # 20387
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,
Meyera E. Oberndorf
Council Members Voting Nay:
Harold Heiscbober, H. Jack Jennings, Jr., Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
August 1, 1983
-91-
APPOINTMENTS ITEM # 20388
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
APPOINTED the following to serve on the TASK FORCE to design a Request for
Proposal for DAY CARE SERVICES, as part of the JOBS BILL:
BENJAMIN MOORE Community Development Department
JOHN PERRY / ALICE GREEN Citizen Advisory Committee
NANCY HINCH Social Services
REBA S. McCLANAN Council Member
MEYERA E. OBERNDORF Council Member
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 1, 1983
-9 2-
Item 11-J.1
NEW BUSINESS ITEM # 20389
Jill Seay, sponsored by Councilman Robert Jones, requested Council assign
a special committee to investigate the possibility of relighting the
"Flame of Hope". Mrs. Seay presented Council with written background
information (hereby made a part of the record).
Mayor Jones referred the matter to the Military Liason Committee and
requested the City Manager obtain cost estimates, etc.
Item IT-J.2
NEW BUSINESS TTEM # 20390
The legal staff will review the report of the Water/Sewer Bond Information
Committee which is scheduled for the Formal Agenda August 8, 1983.
Mr. Nick Maurio voiced his concerns about funds appropriated regarding water
and sewer.
Item II-J.3
NEW BUSINESS ITEM # 20391
The Navy will host a meeting in Panama City, Florida on August 10, 1983 for
the viewing of the LCAC vehicles. Members of Council and the Mayor's
Air Cushion Vehicle Advisory Committee were invited to attend.
August 1, 1983
- 93-
Item II-K.
ADJOURNMENT ITEM # 20392
By consensus, Council adjourned at Five Fifty in the evening.
Joan M. Keith
Deputy City Clerk
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City Clerk
City of Virginia Beach
Virginia
/jk
August 1, 1983
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id. 8 .... gb
VICE-MAYOR BARBARA M. HENL.EY, P@@,. B.,..gh
JOHN A. RA (;M, B.,..gh
,VANCY A. ( REECH. At L.,g@
IIAROLD IIE'ISCIIOBER, Af L.,g,
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ROBERT (;. ]ONES, A, L.,g@
W. Ii. KITCIIIN, ill. Vilgl-,- B@-lb
REBA S. 1/21,CLANAN. P,,@ ... @ A,.@ B .... gh 212 CITY HAI L BVILDING
1. IIENRY 61,COY, JR., K,.p..ill. B.--gb MUNICIPAL CENTER
MEYERA E. ORERNDORP. At L.,g, VIRGINIA BEACif, VIRGINIA 2345(,
R(ITH HOV(;ES SMITOI, CMC. Cily Cillk (804) 427-4 303
CITY COUNCIL AGENDA
August 1, 1983
Meeting: 9:00 a.m- - Planning Workshop (Reconmendations
to include Conditional Zoning,
Agreements of Voluntary Compliance,
and Rezoning Process.
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Water/Sewer Bond Information Committee: Report by Mr.
A. J. Chewning, III.
2. Architectural Program for the Central Library: Report
by Mr. B. Franklin Hemphill, Library Consultant.
3. Proposed Parking on Atlantic Avenue During Winter Months:
Discussion.
4. Task Force for Jobs B@ill to Design a Request for Proposal
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- --------- ------
------ ------ ------
6. Back Bay Committee Workshop Proposed for September 12, 1983:
Discussion.
7. Interim Financial Report for June 30, 1983: Discussion by
Mr. Giles G. Dodd, Director of Finance Department.
8. CIP Quarterly Status Report for Quarter Ending JuTle 30, 1983
Discussion by Mr. Giles G. Dodd, Director of Finance.
9. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Roy N. Wilson
Church of Christ, Oceana
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of July 11, 1983.
E. RESOLUTIONS
1. Resolution by the Council of the City of Virginia
Beach that the Department of Highways and Transpor-
tation revise the priorities for construction of
the Great Neck Road improvements to provide for
immediate construction of Section C-501 to provide
relief for the residents of Chelsea and Green Hill
Far,ms.
2. Resolution authorizing the City Manager to install
a traffic signal at the intersection of Great Neck
Road and Upper Chelsea Reach.
3. Resolution authorizing a Modification to the Design
of the North Beach Drainage Project.
F. ORDINANCES
1. Ordinance to Amend and Reordan Section 2-81 of the
Code of the City of Virginia Beach, Virginia, per-
taining to Mandatory Retirement Age.
2. Ordinance to Amend and Reordain Section 2-217.2 of
the Code of the City of Virginia Beach, Virginia
pertaining to Awarding Contracts.
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 de-
sired, that item will be removed from the Consent Agenda and
considered separately.
1. Resolution of Appreciation to Russell 0. Siler for his
services as Chairman of the Community Services Board.
2. Resolution authorizing the City Manager to execute the
required documents transferring and assigning the City
of Virginia Beach's interest in such gifts to the Vir-
ginia Museum of Marine Sciences Foundation, Inc., to be
used specifically for the financial assistance of the
Virginia Museum of Marine Sciences. (On February 14, 1983,
City Council accepted as gifts interests in Chesapeake
Oil and Gas 1980 #7, a limited partnership, and contract
rights in three Pennsylvania oil wells owned by Bold
Venture, a general partnership. )
ITEM II G. CONSENT AGENDA (Cont'd)
3. Ordinance to Amend and Reordain Chapter 2 of
the Code of the City of Virginia Beach by
adding a new section relating to amendments
of the Annual Budget Ordinance.
4. Ordinance to Provide for the Payment of Worker's
Compensation Benefits to Members of the City
Council.
5. Ordinance Authorizing Certain Events Conducted
on City Property to be Exempt from the Prohibition
against working or transacting business on Sunday.
6. Ordinance, on SECOND READING, to accept $2,575,000 fram
the Department of Housing and Urban Development and to
appropriate these funds for certain projects and pur-
poses.
7. Ordinance, on FIRST READING, to revise certain revenue
estimates and reduce appropriations in the 1983-1984
Fiscal Year Operating Budget. (Con,titutional Officers)
8. Ordinance, on FIRST READING, to appropriate funds of
$2,000,000 to the School Capital Projects Fund.
9. Ordinance to Transfer Funds f $50,000 from Water and
Sewer Fund Reserve for Contingencies to the Water and
Sewer Capital Projects Fund for Legal Services as re-
quired for the Lake Gaston Water Resource Project.
10. Ordinance to Transfer Funds of $24,000 to Continue Bulk
Mailing by the Department of Parks and Recreation.
11. Ordinance to Transfer Capital Project Funds of $44,768
from Project 2-815 Stumpy Lake Drainage to Project 2-812
Oceana N.A.S. Entrance.
12. Ordinance to Transfer Funds within the FY 84 TVASAP Budget
to establish twelve full-time permanent positions.
13. Ordinance Authorizing a $45,000 Temporary Cash Advance to
the Department of Economic Development.
14. Ordinance to Transfer Capital Project Funds of $111,496
from Project 2-815 Stumpy Lake Drainage to Project 2-997
Indian Lakes Boulevard.
15. Ordinance to Transfer Capital Project Funds of $97,000
between Capital Projects to Provide a Sewer Pump Station
for Croatan Beach Area.
16. Ordinance to Transfer Funds of $45,000 within the Depart-
ment of Public Works to Provide for the Use of Temporary
Labor Services.
17. Ordinance to Authorize a Temporary Encroachment into a
portion of the right-of-way of Close Avenue to Ocean
Point Properties, Inc., its assigns and successors in
title.
18. Ordinance to Authorize a Temporary Encroachment into a
portion of the right-of-way Newtown Road to Mr. George
E. Langley, his heirs, assigns and successors in title.
ITEM II G. CONSENT AGENDA (Cont'd)
19. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way of Sandfiddler Road to
Mr. Robert S. Dolsey and Mr. Louis D. Parham, Jr.,
their heris, assigns and successors in title.
20. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way of Kempsville Road to
Texaco, Inc.
21. Ordinance appointing Viewers in the petition of John
Franklin, III, and Martha D. Franklin for the closure
of a portion of an alley bounded by Elm Avenue and
Dare Drive (Lynnhaven Borough).
22. Ordinance closing, vacating and discontinuing a portion
of Poinciana Drive (Lynnhaven Borough) in the petition
of Merlin Van Statzer and Rita Statzer. (This matter
was deferred on June 20, 1983 until August 1, 1983)
(Applicant has requested that this item be deferred
for an additional week.)
23. Low bid of Asphalt Roads and Materials Company, Inc.,
in the amount of $254,438.70 for the 1983-84 Bituminous
Concrete Schedule for Completed Utility Projects; AND,
authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
24. Raffle Permits:
Ocean Park Women's Club
Tidewater Smocking Arts Guild
Virginia Beach S.P.C.A.
25. Request of the City Treasurer for Tax Refunds in the amount
of $1,695.20.
H. PLANNING ITEMS
1. Ordinance to Amend and Reordain Article 6, Section 602
of the Comprehensive Zoning Ordinance Pertaining to Lot,
Yard, Open Space, Density, Height, and Lot Coverage Re-
quirements in the A-1 Apartment District.
(This item was voted on June 6, 1983 to be EXPEDITED
from the 7/12/83 Planning Commission to the 8/1/83 City
Council.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Ordinance closing, vacating, and discontinuing a portion
of Kleen Street and Cape Henry Drive in the petition of
Lynn Beach Associates, a Virginia General Partnership.
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Conoission
and the Viewers concur for denial.
3. Ordinance closing, vacating, and discontinuing a portion
of an undeveloped 30-foot right-of-way Which runs north
from Hatteras Road to Citation Drive in the petition of
David F. and Tina L. Ellis (Kempsville Borough). Council
approved this request on November 1, 1982 subject to con-
ditions. These conditions have been met. (This item had
been deferred previously 30 days on 5/9/83, 2 weeks on
6/13/83, 1 week on 6/27/83, and on 7/5/83 to 8/1/83)
a. Letter from the City Manager transmits the
recommendation for FINAL APPROVAL.
ITEM 11 FORMAL SESSION (Cont'd)
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to Adjourn.
Senator Trible's Town Hall Meeting
Virginia Beach City Council Chambers
8:00 P.M., August 5, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
P L A N N I N G W 0 R K S H 0 P
August 1, 1983
9:00 a.m.
City Manager Thomas Muehlenbeck stated the purpose of the workshop was to
discuss three items, as follows, for Council to review:
1. Conditional Zoning
2. Agreements of Voluntary Compliance
3. Rezoning Process
Efforts to coordinate this workshop were prompted by Vice Mayor Barbara M.
Henley and Councilwoman Nancy A. Creech.
Correspondence (consisting of several pages) pertaining to the stated topics
directed to City Manager Muehlenbeck from Planning Director Robert J. Scott
was distributed to Council members and is hereby made a part of the record.
In outlining the subject matter, Mr. Scott gave brief analyses, after which
discussion was held. In particular, the resolution regarding Comprehensive
Zoning ordinance (adopted February 7, 1983) was discussed with the suggestion
that it be reworded (second page of the resolution; page 42 of the Minutes
of February 7, 1983; first paragraph, fourth line) to reflect: ...... shall
be deferred for rehearing, by the Planning Commission, until such time
Vice Mayor Eenley suggested a proposal be enacted regarding building in flood
plains (next week's workshop, August 8, 1983).
The following were present at the Planning Workshop:
CITY COUNCIL
John A. Baum
Nancy A. Creech (arrived at 9:17 a.m.)
Harold Heischober
Vice Mayor Barbara M. Henley
H. Jack Jennings, Jr.
Mayor Louis R. Jones
Robert C. Jones
W. H. Kitchin, III (arrived at 9:40 a.m.)
Reba S. McClanan
J. Henry McCoy, Jr., DDS (arrived at 10:32 a.m.)
Meyera E. Oberndorf
STAFF
Thomas Mueblenbeck, City Manager
Jay Richardson, Chief Deputy City Attorney
Jack Whitney, Chief of Comprehensive Planning
Robert J. Scott, Director of Planning
Michael J. Barrett, Assistant to the City Manager for Citizen Affairs
David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 1, 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 1, 1983, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Ki.tchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Councilwoman Creech entered the meeting at 12:45 p.m.
August 1, 1983