APRIL 11, 1983 MINUTES
"VVORLD'S LARGEST RESORT CITY"
CITY COU,YCIL
MA )'OR LOUIS R. JONES, B.y,id@ B.,,,.gh
VICE-AIAYOR 13ARBARA M. HENLEY, P..g@ B.,@,gl,
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NA,VCY I. CREECII, A, L,,g@
IIAROLD IIEISCIIOBER, At L.,g@
11. JACk]ENNIV(;S, JR., B.,..,b
ROBERT C,. JONES. A, L,,,@
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J. IFENRY AI,COY. JR.. K@.p@.,Il, B.,,,.gb 212 C17 Y IIAI-L BtJILDt,,IG
MEYERA E. Of3ERNDORF, A, I,.,g, qllVil.-IPAL CEN7'ER
VIR(;INIA BE,ICII, VIRGINIA 23456
RilTli l[OD(;ES SAIITII, CMC, Cill, (@l@,k (804) 427 -4 30 3
CITY COUNCIL AGENDA
April 11, 1983
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 Mavor.
2. Matters for discussion by Council.
3. Review of Planning Items
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. p Policy fclrthe South End of the Citv: Presentation
-Ey Mr. Robert Scott, Director of Department of Planning.
2. Atlantic Avenue Beautification Project: Briefing by Mr. C. Oral
Lambert, Jr., Director of Department of Public Works.
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 P.M.
A. INVOCATION: Rabbi Israel Bornstein
B'NAI ISRAEL Congregation
B. PLEDGE OF ALLEG@CE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of April 4, 1983.
E. PRESENTATION
1. Resolutions in Recognition.
a. Cleta Liverman
b. Mrs. Marvin L. (Lettie) Dozier
F. RESOLUTION
1. Resolution authorizing the City Manager to enter into a
contract for an independent audit of the City of Virginia
Beach for the fiscal year ending June 30, 1983.
(This matter was deferred for one week on March 28, 1983
and for an additional week on April 4, 1983)
2. Resolution discontinuing tbe Iligh Constable's office on
June 30, 1983 and that as of July 1, 1983, the City
Council anticipates the General Assembly will provide for
the services that are now being provided to the judicial
system and the public by the High Constable's Office. The
City Manager is directed to furnish the City Council, during
the current budget review process, with alisting of City
funds provided to the Constitutional officers of the City.
3. Resolution strongly urging the U.S. Navy not to establish
the LCAC (Landing Craft Air Cushion) base in Virginia Beach
and to conduct its training at military installations
outside Virginia Beach so as not to adversely impact the
health, safety, and general welfare of the citizens of and
visitors to our City.
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 disucssion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Resolution in Recognition of Cleta Liverman who served as
General Registrar from January 1, 1976 until January 31, 1983.
2. Resolution of Appreciation to Mrs. Marvin L. (Lettie) Dozier
who served as a member of the Public Library Board from 1967
thru March 1983.
3. Resolution authorizing the enlargement of a nonconforming use
located at the southwest corner of 18th Street and Mediterranean
Avenue as per request of Ronald S. Bray, of Baldwin and Gregg,
Ltd., on behalf of Kolbe Company.
ITEM 11 G. CONSENT AGENDA (Cont,d)
4. Ordinance to Amend and Reordain Section 28-4(a) of the
Code of the City of Virginia Beach, Virginia, Pertaining
to Sewer System Impact Fees, and Section 37-8(a) pertaining to
Water System Impact Fees.
5. Ordinance, on FIRST READING, to accept grants totaling
$34,854 from the Virginia Department of Transportation
Safety and to Appropriate These Funds.
6. Ordinance to Transfer Capital Project Funds of $103,105
to Eliminate The Deficit and Provide for Additional
Computer Software in Capital Project 2-412 Virginia
Beach Boulevard - Phase I
7. Encroachments of S and S Enterprises:
a. Ordinance to authorize a Temporary Encroachment
into a Portion of the Right-of-Way of a City 15'
Alley adjacent to those Properties referred to
as 800 through 816 Surfside Avenue (Lots 8,9 and 10,
Block 13, Croatan Beach) to S & S Enterrpises, its
heirs, assigns and successors in Title.
b. Ordinance to authorize a Temporary Encroachment
into a Portion of the Right-of-Way of a City 15'
Alley adjacent to those Properties referred to
as 812 and 816 Surfside Avenue (Lots 6 and 7, Block
13, Croatan Beacb) to S & S Enterprises, its heirs,
assigns and successors in Title.
8. Ordinance appointing Viewers in the petition of Bruce B.
Mills for the closure of a portion of Dutch Street
(Kempsville Borougb).
9. Low Bid of Southern National Leasing Corporation for the
lease/purchase of electronic voting equipment totalling
$158,180. Southern National Leasing Corporation offers
ten semi-annual payments in arrears at an annual interest
rate of 9.95%. Semi-annual payments would be approximately
$20,460.17. Authorize the City Manager to enter into the
necessary agreements for the implementation of the project.
10. Bingo Permit:
Plaza Dance, Figure and Speed Roller Skating Club.
(This matter was deferred for two weeks on March 23, 1983.)
H. PLANNIIIG
1. Planning Items by Consent.
a. Application of Shore Drive Associates for a conditional use
permit for mini-warehouses on a 3.631-acre arel located
along the south side of Shore Drive, east of Diamond Springs
Road (Bayside Borough)
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
ITEM II FORMAL SESSION (Cont'd)
I. ORDINANCES
1. Amendments to the City Code.
a. Ordinance to Amend and Reordain Section 6-3 of
the Code of the City of Virginia Beach pertaining
to Playing Ball, using Frisbee, etc. on beach.
b. Ordinance to Amend and Reordain Section 6-6 of
the Code of the City of Virginia Beach pertaining
to taking food or drink on beach or adjacent
streets.
C. Ordinance to Amend and Reordain Section 12-5 of the
Code of the City of Virginia Beach pertaining to
fires on Beaches.
(These amendments were deferred on December 6, 1982
for further review)
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to Adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
11 April 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, 11 April
1983, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Eenley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM #19713
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTLVE SESSION
pursuant to the exemptions from opening meetings allowed by
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. PUBLIC FUNDS INVESTMENT: The investing of public
fun where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Heischober, seconded by Vice Mayor
Henley, City Council voted to proceed into the EXECUTIVE
SESSION following the INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
M A T T E R S B Y T H E M A Y 0 R
COUNCIL FUNCTIONS ITEM #19714
Mayor Jones advised the following events were attended by
Virginia Beach Council Members during the month of March,
1983, on behalf of the City:
March 03 Councilman Robert G. Jones represented
the Mayor at the General Membership
Meeting of the Tidewater Utility
Contractors Association in Norfolk.
March 03 Vice Mayor Barbara M. Henley represented
the Mayor at the City Employee of the
Year Dinner sponsored by the Rotary Club.
March 04 Vice Mayor Henley represented the Mayor
at Naval Air Station-Oceana during the
dedication of their new Command Facility.
March 11 Council Members Barbara M. Henley, Robert
G. Jones, Meyera E. Oberndorf, H. Jack
Jennings and "Coach" J. Henry McCoy,
Jr., joined the Mayor in playing a game
of basketball during the James K. Cole
Basketball Tournament sponsored by the
Parks and Recreation Department.
March 11 The Daniel T. Maloney Rifle Range
Dedication was attended by Vice Mayor
Barbara M. Henley and, Councilwoman Meyera
E. Oberndorf.
March 15 Councilwoman Meyera E. Oberndorf attended
the Department of Highways and Trans-
portation Pre-allocation Hearing for 1983,
which was held in Suffolk, Virginia.
March 16 Councilwoman Meyera E. Oberndorf
represented the Mayor at the USS
Independence Dinner Dance at Norfolk
Scope.
March 16 The 84 Lumber Ribbon cutting Ceremony
was attended by Council Members
Robert G. Jones, and Meyera E. Oberndorf.
March 22 Council Members Robert G. Jones, Vice
Mayor Barbara M. Henley, Meyera E.
Oberndorf, Harold Heischober, J. Henry
McCoy, Jr., H. Jack Jennings, and John
A. Baum attended the Tidewater Community
College Business Breakfast.
March 23 The Chamber of Commerce Breakfast with
Betty Diener as speaker was attended
by Vice Mayor Barbara M. Henley, and
Councilwoman Nancy A. Creech.
March 23 Council Members W. H. Kitcbin, Ill,
Vice Mayor Barbara M. Henley, Meyera
E. Oberndorf, Reba S. McClanan, Robert
G. Jones, J. Henry McCoy, Jr., Harold
Heischober, and H. Jack Jennings
attended the Annual Civic Recognition
Dinner.
- 4 -
March 24 Council Members Nancy A. Creech, Meyera
Oberndorf, Vice Mayor Barbara M. Henley,
W. H. Kitchin, III, Harold Heischober,
and H. Jack Jennings attended a luncheon,
tour and briefing at Naval Air Station-
Oceana.
TWENTIETH BIRTHDAY ITEM #19715
Vice Mayor Henley thanked Council Members who arrived early to
receive instructions concerning the Special Council Meeting
April 24, 1983, regarding the Twentieth Birthday Celebration
and requested those who did not attend to contact her.
C I T Y M A N A G E R ' S A D M 1 N I S T R A T I V E I T E M S
ATLANTIC AVENUE BEAUTIFICATION ITEM #19716
The City Manager advised "following the presentation to City
Council the Land Planners ideas and concepts concerning the
Atlantic Avenue Beautification", City Council requested the
Staff to hold Public Hearings throughout the City to receive
input from citizens and asked C. Oral Lambert, Director of
Public Works, to advise Council of recent developments in
this matter.
Mr. Lambert advised that on December 13, 1983, the City's
Consultants, Edward G. Carson and Associates, (affiliated
with Carlton Abbott) briefed Council on the proposed beautification
of Atlantic Avenue from Rudee Inlet to 40th Street. The proposal
consisted of placing overhead utilities underground; widening the
sidewalks; reducing the travel lanes from the existing five (5) lanes
to three (3), with one center lane for turning; planting trees and
shrubs; installing street furniture; and, addressing signage and
illumination.
Mr. Lambert noted it was anticipated the engineering work would
require twelve (12) to eighteen (18) months before construction
could commence.
The City Manager advised there were three (3) areas where the
Staff would like to receive direction from Council:
1. Funding for project
2. Staging of the project
3. Time frame
The cost was approximately $10,110,000; however, the total cost
is $26,000,000.
The City Manager advised he will compile several funding
alternatives for Council's consideration; and, will report
to Council the different phases of the project and time frame
for each.
- 5-
PROPOSED DRAINAGE/SOUTH END ITEM #19717
The City Manager asked Robert J. Scott, Planning Director,
to make a presentation to Council concerning the proposed
drainage at the South End of Virginia Beach.
Mr. Scott advised he and his staff were requested to study
the drainage situation in the southern portion of the City
"with the idea of implementing a proposed policy". The
proposed policy is to:
1. Protect the flood plains in the rural areas
of the City of Virginia Beach from development
2. To minimize additional storm water run off
into drainage areas
3. Provide property owners the same development
potential they have without this policy.
Mr. Scott noted the northern boundary of Lynnhaven Parkway,
Holland Road, London Bridge Road, Oceana Boulevard and
Dam Neck Road is the easily definable boundary on the northern
side. The extent of the flood plains south of that point are
considerable.
There are five advantages to the policy:
1. In line with City's involvement with Federal
Flood Insurance Program
2. Program of maintaining the natural drainage
in the area, as opposed to channelizing it,
will be a positive factor as far as water
quality is concerned
3. Aid to future Capital Improvements necessary
4. Remove the need for future remedial actions
in regard to maintaining the ditches
5. Development along these lines can be a cost
saving factor.
The implementation of this policy is:
1. Amend Article 1203 of the Comprehensive
Zoning Ordinance, Flood Plains
2. Amendment to Section 5.5 of the Subdivision
Ordinance
3. Amendment to the Site Plan Ordinance with
regard to "holding ponds"
4. Amendment to Section 200(a) of the Comprehensive
Zoning Ordinance
- 6-
The City Manager asked C. oral Lambert, Director of Public
Works, to make a preliminary report concerning the maintenance
of agricultural drainage.
Mr. Lambert advised the farmers have no difficulty in maintaining
the ditches and canals that are on their property; however, the
difficulty arises when the ditch or canal leaves their property
and crosses areas where the City has no drainage easements. The
current involvement has to do with public right-of-way and
major canals over which the City has dedicated drainage easements.
In the past, the Soil Conservation Service had assumed some
responsibility in maintaining these large ditches, but funds
for that purpose have dissipated and they are no longer providing
that service. The question is whether or not the City will
assume any responsibility in that regard.
Mr. Lambert advised an inventory of specific ditches and canals
in that area which require maintenance must be conducted after
which priorities will be assigned to the major drainage features
(with aid of Farm Bureau.) An analysis would be conducted to
determine if permits are required from the Army Corps of Engineers
or other permitting agencies. A budget will then be established
along with a maintenance schedule for major drainage facilities.
This matter will be on a future Agenda for Council's consideration.
CONSENT AGENDA ITEM #19718
Vice Mayor Henley advised she had some prepared comments concerning
11-G.10 the application of Plaza Dance, Figure and Speed Roller Skating
Club's request for a Bingo Permit and requested this matter be
removed from the CONSENT AGENDA to be considered separately.
Councilman Kitchin advised he had some concerns with II-G.3,
Resolution authorizing the enlargemetit of a nonconforming use
located at the southwest corner of 18th Street and Mediterranean
Avenue as per the request of Ronald S. Bray, of Baldwin and
Gregg, Ltd., on behalf of Kolbe Company;
AND,
II-G.6, the Ordinance to transfer Capital Project Funds of
$103,105 to eliminate the deficit and provide for additional
computer software in Capital Project 2-412, Virginia Beach
Boulevard, Phase I.
City Council RECESSED into EXECUTIVE SESSION, (1:40 p.m.)
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 April 1983
2:30 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 C. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Rabbi Israel Bornstein
B'NAI ISRAEL Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8-
M I N V T E S
ITEM II-D.1 ITEM #19719
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to APPROVE the Minutes of the Regular Meeting
of 4 April 1983.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert 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
- 9 -
ITEM II-D.2 ITEM #19720
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to DEFER ONE WEEK (18 April
1983), the Minutes of the Special Meeting of April 6, 1983.
Voting: 11-0
Council Members Voting Aye: (to defer)
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
-10-
R E S 0 L U T I 0 N S I N R E C 0 G N I T I 0 N
ITEM II-E.A ITEM #19721
Councilman Kitchin read a Resolution in Recognition and
presented same to SCOTT STERLING for his contribution to
Virginia Beach and its citizenry.
ITEM II-E.B ITEM #19722
Mayor Jones read the Resolution in recognition and presented same
to CLETA LIVERMAN who served as General Registrar from January 1,
1976, until January 31, 1983;
AND,
presented Mrs. Liverman a Stained Glass Seal from the Electoral
Board.
ITEM II-E.C ITEM #19723
Councilman Baum read the Resolution of Appreciation and presented
same to MRS. MARVIN L. (LETTIE) DOZIER who served as a member of
the Public Library Board from 1967 through March 1983.
R E S 0 L U T I 0 N S
ITEM 11-F.1 ITEM #19723
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to DEFER ONE WEEK (18 April 1983),
the Resolution authorizing the City Manager to enter into a
contract for an independent audit of the City of Virginia
Beach for the fiscal year ending June 30, 1983. (This matter
was deferred one week on March 28, 1983, and for an additional
week on April 4, 1983.)
Voting: 8 - 3
Council Members Voting Aye: (for deferral)
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, Ill,
and Meyera E. Oberndorf
Council Members Absent:
None
1 2 -
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
FOR AN INDEPENDENT AUDIT OF THE
CITY OF VIRGINIA BEACH FOR THE
FISCAL YEAR ENDING JUNE 30, 1983.
WHEREAS, requests for proposals have been distributed
to various accounting firms for an independent audit of the financial
statements of the City of Virginia Beach for the fiscal years
ending June 30, 1983, 1984, and 1985, and
WHEREAS, proposals from several accounting firms were
received on March 18, 1983, and reviewed by the auditor selection
committee, and
WHEREAS, the auditor selection committee has recommended
Arthur Young and Company as the firm having the best combination
of qualifications and price, and
WHEREAS, funds have been provided for the audit cost
for the fiscal year ended June 30, 1983, in the FY 1983 Operating
Budget and the FY 1984 Proposed operating Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby
authorized to enter into a one-year contract with Arthur Young
and Company to perform an independent annual audit of the City
of Virginia Beach for the fiscal year ending June 30, 1983.
Unless cancelled by either party, the contract will automatically
renew for a second and third year.
Adopted by the Council of Virginia Beach, Virginia,
on the day of 1983.
DEFERRED ONE WEEK: April 11, 1983
- 1 3 -
ITEM II-F.2 ITEM #19726
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution discontinuing the High Constable's
Office on June 30, 1983, and that as of July 1, 1983, the City
Council anticipates the General Assembly will provide for the
services that are now being provided to the judicial system and
the public by the High Constable's Office. The City Manager is
directed to furnish the City Council, during the current budget
review process, with a listing of City funds provided to the
Constitutional officers of the City.
Voting; 1 1- 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
- 14 -
Requested by: Councilman Baum
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the City Hall
Building, on the 11 day of April , 1983.
On motion by _-Qo,,r,@ilm and seconded by
Councilwomap Creech the foll@@gmresolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, service to the judicial system is a State
responsibility; and
WHEREAS, the High Constable, a City Council
appointment, has been part of that function on a self-sustaining
basis; and
WHEREAS, the 1983 session of the General Assembly
enacted legislation that prohibits the High Constable from
collecting fees for services performed; and
WHEREAS, in response to that prohibition, concerning
the revenues produced from collecting of such fees, the Virginia
Beach City Council has taken the position that the High
Constable's Office will be discontinued after June 30, 1983
because of the General Assembly's action.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That as of July 1, 1983, the City Council anticipates
the General Assembly will provide for the services that are now
being provided to the judicial system and the public by the High
Constable's office; and
BE IT FURTHER RESOLVED that the City Manager is
directed to furnish the City Council, during the current budget
review process, with a listing of City funds provided to the
Constitutional officers of the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of April 1983.
JDB/kg/sm
4/5/83
4/6/83
(RES 3)
- 1 5 -
ITEM II-F.3 ITEM #19727
Dr. Daniel Dickenson spoke in behalf of the Resolution
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to DEFER UNTIL FURTHER INFORMATTON
TS RECETVED the Resolution strongly urging the U. S. Navy not
to establish the LCAC (Landing Craft Air Cushion) base in
Virginia Beach and to conduct its training at military
installations outside Virginia Beach so as not to adversely
impact the health, safety and general welfare of the citizens
of and visitors to our City.
Vot ing: I 1- 0
Council Members Voting Aye: (for deferral)
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
1 6 -
I
Requested by: Councilman Jack H. Jennings
R E S 0 L U T I 0 N
WHEREAS, the U. S. Navy has prepared a Draft Environmental Impact Statement
(DEIS) for alternative locations of a Landing Craft Air Cushion (LCAC) Operational
Base on the east coast of the U. S., and
WHEREAS, four sites were selected for final evaluation which include:
1. NAB Little Creek - Virginia Beach
2. Fort Story - Virginia Beach
3. NAB Annex, Camp Pendleton - Virginia Beach
4. Cape Charles AFB - Cape Charles
WHEREAS, the DEIS recommends the selection of NAB Little Creek for the
operating base, and
WHEREAS, the DEIS states that Fort Story and NAB Annex, Camp Pendleton
will be used for LCAC training and the constant use of the base and these training
areas would have an adverse impact on waterborne traffic including commercial and
pleasure craft, and
WHEREAS, the DEIS states that noise levels will be increased in the
vicinity of the base and training areas, having some effect on the quality of life
in neighboring residential areas, and
WHEREAS, the presence of 54 of these craft (LCAC) constantly operating
adjacent to the coast of Virginia Beach may have an adverse impact on the image
of Virginia Beach as a safe, family-oriented resort community and reduce the
desirability of the beach environment for tourists.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that the U. S. Navy is strongly urged not to establish the LCAC
base in Virginia Beach and to conduct its training at military installations outside
Virginia Beach so as not to adversely impact the health, safety, and general welfare
of the citizens of and visitors to our City.
!T
DEFERRED: April 11, 1983
r
- 1 7 -
0 R D I N A N C E S
ITEM II-I.1 ITEM #19728
THIS ITEM WAS BROUGHT FORWARD IN THE AGENDA
The following spoke in favor of the proposed Ordinances:
Dr. Daniel Dickenson, representing Westminster
Canterbury
Congressman Porter Hardy, Presidents Council,
Westminster Canterbury
Linwood Robinson
Mrs. E. C. Nelson
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to DENY the Ordinance to amend and reordain
Section 6-3 of the Code of the City of Virginia Beach pertaining
to playing ball, using frisbee, etc., on beach.
Voting: I 0 - I
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, Ill,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert C. Jones
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
1 8 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
PLAYING BALL, USING FRISBEE, ETC.,
ON BEACH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-3 of the Code of the City of Virqinia
Beach is hereby amended and reordained to read as follo,s:
Section 6-3. Playing ball, using frisbee, etc., on beach.
It shall be unlawful for any person to engage in ball
playing or the use of a frisbee or any activity of like kind
which may endanger the safety of others on the sand beach, the
boardwalk and the grassy area west of the boardwalk to the
property lines from Rudee Inlet on the south to 42nd Street on
the north or on the sand beach on the Chesapeake Bay lying
between Whaler Court on the east and Kleen street on the west
from 10:00 a.m. to 6:00 p.m. from May fifteenth to September
thirtieth of each year.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the, day of 1982.
3/7/83
(D)
DENIED BY CITY COUNCIL: April 11, 1983
AP4'ROVED@,STr-,
APP
CITY ATT)@,NEY
- 1 9 -
ITEM II-I.I.b ITEM #19729
Upon motion by Councilman Jennings, seconded by Councilwoman
McClanan, City Council voted to INSTRUCT tbe City Attorney's
Office to modify the Ordinance to amend and reordain
Section 6-6 of the Code of the City of Virginia Beach per-
taining to food or drink on beach or adjacent streets to
reflect Council's intent as to beach area and hours affected.
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
2 0 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
TAKING FOOD OR DRINK ON BEACH OR
ADJACENT STREETS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That section 6-6 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 6-6. Taking food or drink on beach or adjacent streets.
It shall be unlawful for any person to take or carry
upon the sand beaches or upon any public street or right-of-way
adjacent to any of the sand beaches within the Borough of
Virginia Beach, or upon the beach ad1/2aeent-te-the-Eynnhaven
Fish-iml-Pier on the_Chesapeake Bay lyinq between Whaler Court on
the east and Kleen Street on the west, or the beach at Little
Island Park--Sandbridge, any glass, bottle, can, cup, paper bag,
paper box, wooden box, basket, styrofoam container or container
of any kind containinq alcohol, beverages, soft drinks, food,
nourishment or refreshments of any kind.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1982.
3/7/83
(D)
Y A
TO BE MODIFIED: April 11, 1193
- 2 1 -
ITEM II-I.I.c ITEM #19730
Upon motion by Councilman Jennings, seconded by Councilman
Baum, City Council voted to ADOPT the Ordinance to amend
and reordain Section 12-5 of the Code of the City of Virginia
Beach pertaining to fires on beaches.
Voting: 1 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, liarold 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
- 2 2 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 12-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO FIRES
ON BEACHES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 12-5 of the Code of the City of Virqinia
Beach is hereby amended and reordained to read as follows:
Section 12.5. Fires an beaches.
It shall be unlawful and a Class 1 misdemeanor for any
person to set fire to or to procure another to set fire to any
wood, brush, logs, leaves, grass, debris or other flammable
material at any time on the sand beach of the Atlantic Ocean in
the Borough of Virginia Beach or on the sand beach on the
Chesapeake Bay lying between Whaler Court on the east and Kleen
Street on the west or between the hours of 11:00 p.m. and 9:00
a.m. on any day on the sand beaches of the Atlantic Ocean and
Chesapeake Bay in the Boroughs of Bayside, Lynnhaven, Princess
Anne and that portion of the Borough of Pungo extending north
from the southern boundary of the city park at Little Island in
the city.
Adopted by the Council of the City of Virainia Beach,
Virginia, on the 11 day of --April 1982.
3/7/83
(D)
APPROVED AS TO C(7@.N-! E',4T
DEPA@,TNqNT
- 2 3 -
ITEM II-I.I.d ITEM #19731
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
THIS ITEM WAS AN "ADD ON" TO THE AGENDA
Mrs. Alice Mullens spoke in favor of the proposed encroachment
Upon motion by Councilman Kitchin, seconded by Councilman
Heischober, City Council voted to ADOPT the Ordinance to
authorize a temporary encroachment into a portion of the
right-of-way of 25th Street to the Princess Anne Inn.
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, ITI, Reba S. McClanan, J. Henry
McCoy, J., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
2 4 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 25TH STREET TO THE
PRINCESS ANNE INN
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 Princess Anne Inn is authorized to construct and
maintain a temporary encroachment into a portion of the City
right-of-way of 25th Street.
That the temporary encroachment herein authorized is
for the purpose of locating a single leg support for an earth
satellite receiver station and that said leg support 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 25th
Street, as shown on that certain plat
entitled: 'Partial Site Plan, Leg Support
Encroachment For Satellite Receiver
Station," 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 The Princess Anne Inn and within
thirty (30) days after such notice is given, said leg support
shall be removed from the City right-of-way of 25th Street by The
Princess Anne Inn and that the Princess Anne Innshall bear all
costs and expenses of such removal; and
PROVIDED FURTHER, that it is expressly understood and
agreed that the The Princess Anne Inn shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees
from and against all claims, damages, losses, and expenses
2 5 -
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 leg support; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that The Princess Anne Inn 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 April 19 S3
MES/re
4/5/83
(29A)
APPPOVED A-S TO CONTENT
APP,RC)I. AS TO F@,Pi
-2-
- 2 6 -
ITEM II-G ITEM #19732
COUNCILWOMAN CREECH RETURNED TO COUNCIL CHAMBERS
COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation of
the City Manager and ADOPT the CONSENT AGENDA by ONE MOT10N
with the exception of II-G.3, II-G.6 and TI-G.10, which will
be voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, 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:
H. Jack Jennings, Jr.
- 2 7 -
ITEM 11-G.1 ITEM #19733
TJpon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to ADOPT the Resolution in
Recognition of Cleta Liverman who served as General Registrar
from January 1, 1976, until January 31, 1983.
Voting: 1 0- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
2 8 -
RESOLUTION IN RECOGNITION
TO
CLETA LIVER14AN
WHEREAS:
The City Council, being the governing body of the City of
Virginia Beach, pauses today in its deliberations of municipal busi-
ness and legislative action to pay tribute to a lady whose unassuming
ways and pleasant attitude contributed efficiency and innovation in
the General Registrar's office from January 1, 1976, until January 31,
1983, when her health precluded her service.
CLETA LIVERMAN was first employed by the City of Virginia
Beach February 1, 1971, as a secretary to the General Registrar and
Electoral Board. C)n November 16, 1973, she accepted a position as a
secretary with the Circuit Court Judges. However, on January 1, 1976,
she was appointed General Registrar to serve the unexpired term of the
retiring Registrar and was appointed to a four-year term March 1,
1979.
During Cleta's tenure, population grew and the number of
reqistered voters increased from 63,734 to 95,442, representinq a qain
of 31,708; fifteen votinq precincts were added to the City; precinct
lines were redrawn to eliminate split districts in one precinct; five
single member House and two Senatorial Districts were developed; the
office staff increased from six to eight positions and moved to its
present enlarged quarters; five satellite assistant registrars were
added; and, in 1980 the Computer Election System for voting was
introduced on a trial basis for the central absentee ballot voting
precinct. It was so successful that aqain in November 1982 they were
used for the 85th House of Eelegates District in addition to the
absentee ballot precinct and currently the system is ready to equip
all precincts with electronic, computerized votinq equipment in the
next election.
THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council recognizes a dedicated, tireless public servant and admins-
trator who quietly executed her duties in a manner of respect from her
subordinates as well as community folk and people from all political
affiliations:
C L E T A L I V E R M A N
BE IT FURTHER RESOLVED: That the Clerk of Council is
directed to frame this Resolution for presentation and spread a copy
upon the record of this Formal Session of Virginia Beach City Council.
Given under my hand and seal this
Eleventh day of April,
Nineteen Hundred and Eighty-Three.
Mayor
- 2 9 -
ITEM 11-G.2 ITEM #19734
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to ADOPT the Resolution of
Appreciation to Mrs. Marvin L. (Lettie) Dozier who served as
a member of the Public Library Board from 1967 thru March 1983.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
- 3 0 -
RESOLUTION OF APPRECIATION
TO
MRS. MARVIN L. (Lettie) DOZIER
WHEREAS, Lettie Dozier has served as a member of the
Public Library Board from 1967 thru March 1983;
WHEREAS, Lettie Dozier has served willingly and untir-
ingly in behalf of the City of Virginia Beach;
WHEREAS, her dedication and unselfish service involved
personal sacrifices and inconveniences, not only to her, but fre-
quently to her family and/or business; and
WHEREAS, we trust she realized satisfaction in success-
fully administering in her advisory capacity, not only to City
Council, but to the citizens of this fast growinq metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of sixteen (16) years of
distinguished service in publicly expressinq its sincere gratitude
for her contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of Appre-
ciation be made a part of the proceedinqs of the Formal Session of
City Council this Eleventh day of April, 1983, in the City of
Virqinia Beach, Virginia.
Given under my hand and seal this
Eleventh day of April,
Nineteen Hundred and Eighty-Three.
Mayor
- 3 1 -
ITEM II-G.2.a ITEM #19735
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to ADOPT the Resolution in
Recognition to Scott Sterling for his contribution to Virginia
Beach and its citizenry.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
3 2 -
RESOLUTION IN RECOGNITION
WHEREAS:
In the course of our lives, there are many people who attain
fame and wealth for activities relating to their fellowmen. There are
many who render such services at great personal sacrifice who are quiet
and unassuminq in their mode of life and place more value on the com-
fort and well-being of others than on praise or wealth.
It is to one of these people that Members of the Virginia
Beach City Council, on behalf of its citizens, recognize:
SCOTT STERLING
He was born in the old Princess Anne Hotel at the Oceanfront
in 1923 to Dorothy and William Sterling. Forty years later, in 1963,
he built the Princess Anne Inn. He has devoted his entire life to the
comforts of others, not only at Princess Anne Hotel and now the Inn,
but his progressive ideas and ideals have served as a catalyst to unite
the hospitality industry in Virginia Beach for the benefit of all our
citizens. He has consistently supported City programs geared to assist
smaller properties with no direct benefit for himself. His hospitality
has not only been in his gracious manner--HOSPITALITY has been his
avocation as well as his vocation--he has made his property available
at no cost for meetings, lodging and meals to visiting travel writers,
planners,,tourism and he has constantly and loyally supported "whatever
was good for Virginia Beach, regardless of cost in time or dollars".
His philosophy has been that "every change is an opportunity or a chal-
lenge".
Scott Sterling has served on numberous Boards and Commissions
-- always as a representative of the hospitality industry in Virginia
Beach. His past and present memberships include: Governor's Travel
Advisory Committee; Virginia Travel Council and its Board of Directors;
Virginia State Chamber of Commerce and Virginia Beach Chamber of Com-
merce and their Tourist Advisory Committees; Society of American Travel
Writers; Lynnhaven Borough Advisory Council; Virginia Beach Erosion
Commission; Virginia Beach Innkeepers Association which evolved into
the Virginia Beach Tourist Bureau; Virginia outdoors Foundation;
Virginia Beach Rotary; Virginia Beach Advertising Agency Selection Com-
mittee; and, others.
The Virginia Beach City Council recognizes this distinguished
career and dedicated citizen with gratitude for his contribution to
Virginia Beach and its citizenry.
NOW, THEREFORE, BE IT RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of this
Formal Session of Virginia Beach City Council this Eleventh day of
April, Nineteen Hundred and Eighty-Three.
Given under my hand and seal this
Eleventh day of April,
Nineteen Hundred and Eighty-Three.
Mayor
- 3 3 -
ITEM II-G.4 ITEM #19736
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to amend and
reordain Section 28-4(a) of the Code of the City of Virginia
Beach, Virginia, pertaining to sewer system impact fees and
Section 37-8(a) pertaining to water @ystem impact fees.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
3 4 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 28-4(a) OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SEWER SYSTEM IMPACT FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 28-4(a) of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 28-4. Sewer system impact fees (line fees), generally.
(a) The fees prescribed by the following subsections
of this section shall be paid for the installation of sewers,
such fees to be known as "line fees." Such fees shall also be
applicable to a use or structure previously connected to the
sewer whenever such use or structure is expanded, changed or
modified. In such cases, the fees shall be determined on the
basis of the total proposed new use or structure, less a credit,
at current rates, for the existing use or structure or the last
structure, if previously demolished; provided, the property has
not been vacant for more than five-+S+ ten (10) years. No credit
shall be allowed after fire-+S+ ten (10) years.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of April -, 1983.
RHM/da
3/29/83
(C)
3 5-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-8(a) OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO WATER SYSTEM IMPACT FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-8(a) of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 37-8. Water system impact fees (line fees), generally.
(a) The fees prescribed by the following subsections
of this section shall be paid as the property owner's share of
the cost of water system installation, such fees to be known as
"line fees." Such fees shall also be applicable to a use or
structure presently connected to the water system whenever such
use or structure is expanded, changed or modified. In such
cases, the fees shall be determined on the basis of the total
proposed new use or structure, less a credit, at current rates,
for the existing use or structure or the last structure, if
previously demolished; provided, the property has not been vacant
for more than five-+5+ ten (10) years. No credit shall be
allowed after +4ve-+S+ ten (10) years.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Boach,
Virginia, on the ii day of L 1983.
RHM/da
3/29/83
(C)
- 3 6 -
ITEM II-G.5 ITEM #19737
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and APPROVE ON FIRST READING the Ordinance
to accept Grants totaling $34,854 from the Virginia Department
of Transportation Safety and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
3 7 -
AN ORDINANCE TO ACCEPT GRANTS
TOTALING $34,854 FROM THE
VIRGINIA DEPARTMENT OF TRANSPOR-
TATION SAFETY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, CitN,7 Council is interested in improving traffic
safety and reducing traffic accidents within the City of
Virginia Beach; and
WHEREAS, grants totaling $34,854 from the Virginia Depart-
ment of Transportation Safety are available for these purposes;
and
WHEREAS, no local funds are required.
-.HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGTNIA BEACH that funds from the above grants be
accepted and $34,854 be appropriated to carry out the programs
as follows:
Police Department.
1. DUI Task Force Program - $ 5,400
Public %brks, Traffic Engineering Division
1. Traffic Engineering Software and Hardware- 27,787
Purchase
2. Traffic Engineering Training 1,667
Total Appropriati $
on- 34,854
BE IT FURTHER ORDAINED that estimated revenues from the
federal government be increased by $34,854 to finance the
appropriation.
This ordinance shall be effective from the date of
adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON
THE DAY OF -1983.
First Reading: April 11, 1983
Second Reading:
TO Cl@',,71..T
- 38 -
ITEM II-G.7.a/b TTEM #19738
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-Of-way of
a City 15' alley adjacent to those properties referred to
as 800 through 816 Surfside Avenue, (Lots 8, 9, and 10,
Block 13, Croatan Beach), to S & S Enterprises, its heirs,
assigns and successors in Title;
AND,
the Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of a City 15' alley adjacent to
those properties referred to as 812 and 816 Surfside Avenue,
(Lots 6 and 7, Block 13, Croatan Beach) to S & S Enterprises,
its heirs, assigns and successors in Title.
Approval is subject to the following:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or hazardous.
4. The owner agrees to connect to City facilities when
they become available.
5. The owner agrees to obtain a highway permit for work
to be done in the City right-of-way.
6. This encroachment shall not be in effect until the
owner enters into an agreement encompassing tbe
above conditions.
Voting: 10-0
3 9 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. 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:
H. Jack Jennings, Jr.
4 0-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF A CITY 15' ALLEY
ADJACENT TO THOSE PROPERTIES REFERRED
TO AS 800 THROUGH 816 SURFSIDE AVENUE
(LOTS 8, 9 AND 10, BLOCK 13, CROATAN
BEACH) TO S & S ENTERPRISES, ITS
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 contained in Section 15.1-893, Code of Virginia, 1950, as
amended, S & S ENTERPRISES, its heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of a City 151 alley adjacent
to those properties referred to as 800, 804 and 808 Surfside
Avenue (Lots 8, 9 and 10, Block 13, Croatan Beach).
That the temporary encroachment herein authorized is
for the purpose of constructinq and maintaining septic tank
drainage fields and that said encroachment shall be constructed
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 particularly described as follows:
An area of encroachment into a portion of
the right-of-way of a City 15' alley and
adjacent to those properties known as
800, 804 and 808, Surfside Avenue (Lots
8, 9 and 10, Block 13, Croatan Beach), as
shown on that certain plat entitled:
SITE PLAN, LOTS 8, 9 AND 10, BLOCK 13,
CROATAN BEACH FOR S & S ENTERPIRSES
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA.,-
a copy of which is attached hereto 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
Virqinia Beach to S & S Enterprises, its heirs, assiqns and
successors in title and that within thirty 30 days after such
- 4 1 -
notice is given, said encroachment shall be removed from the
right-of-way of a City 151 alley adjacent to such properties
referred to as 800, 804 and 808 Surfside Avenue (Lots 8, 9 and
10, Block 13, Croatan Beach) its, 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 S & S Enterprises, its heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virqinia 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 S & S Enterprises, its heirs,
assigns and successors in title 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 11 day of At)ril 1983.
MES/re
2/3/83
3/3/83 APPROVED P@S TO CO@ITENT
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- 4 2 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF A CITY 15' ALLEY
ADJACENT TO THOSE PROPERTIES REFERRED
TO AS 812 AND 816 SURFSIDE AVENUE (LOTS
6 AND 7; BLOCK 13, CROATAN BEACH) TO S &
S ENTERPRISES, ITS 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 contained in Section 15.1-893, Code of Virginia, 1950, as
amended, S & S ENTERPRISES, its heirs, assiqns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of a City 15' alley adjacent
to those properties referred to as 812 and 816 Surfside Avenue
(Lots 6 and 7, Block 13, Croatan Beach).
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining septic tank
drainage fields and that said encroachment shall be constructed
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 right-of-way of a City 151 alley
and adjacent to those properties known as
812 and 816 Surfside Avenue (Lots 6 and
7, Block 13, Croatan Beach), as shown on
that certain plat entitled: 'SITE PLAN,
LOTS 6 and 7, BLOCK 13, CROATAN BEACH FOR
S & S ENTERPIRSES LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VA.," a copy of which is
attached hereto 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 S & S Enterprises, its heirs, assigns and
successors in title and that within thirty 30 days after such
4 3 -
notice is given, said encroachment shall be removed from the
right-of-way of a City 151 alley adjacent to such properties
referred to as 812 and 816 Surfside Avenue (Lots 6 and 7, Block
13, Croatan Beach) its, 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 S & S Enterprises, its heirs, 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 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 S & S Enterprises, its heirs,
assiqns and successors in title executes an aqreement with the
City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of April 1983.
MES/re
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3/7/83
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- 4 4 -
ITEM II-G.8 ITEM #19739
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance appointing Viewers
in the petition of Bruce B. Mills for the closure of a portion
of Dutch Street, in the Kempsville Borough.
Voting: 10 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
- 4 5-
ORDrNANCEAPPOrNTrNG VIEWERS
WHEREAS, Bruce B. Mills has given due and proper notice, in
accordance with the statutes for such cases made and provided that he will
on the- 1-Ith -day of 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 of the hereinafter described poxtion of thkt certain
street, and has filed such application with said Council.
NOW THEREFORE, be it ORDAINED by the Council of the City of
Virg.inia Beach, Virginiat
THA T -5.C 0 t
Lambert
David M. Grochmal are hereby
aRpointed to view the below described property and report in writing to the
Council as soon as p:)ssible , whether in their opinion,
any, and if any, what.inconvenience would result in the discontinuing and
vacating of a p3rtion of that certain street located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
ALL THAT certain portion of Dutch Street (formerly 5th Street) as
shown on the G. W. DEAL MAP, Plat No. 2, a copy of which plat is
duly recorded in the Circuit Court Clerk's Office of Virginia Beach,
Virginia, in Map Book 70, at Page 7-B, the portion to be vacated
being more particularly shown on that survey entitled, "PROPERTY
OF BRUCE B. MILLS A PORTION OF THALIA VILLAGE", a
copy,ofwhich is attached hereto, and the portion to be vacated
being outlined in red on the attached survey and being more par-
ticularly bounded and described as follows-
Beginning at ti-le northeast corner of Lot 25, Block 17, G. W. DEAL
MAP, Plat No. Z; thence N82 '50'03"W 36. 00 feet to the northwest
corner of said lot 25; thence NZZ '05'53" E 5 1. 75 feet to a point;
tlience S82 '50100,'E 20. 00 feet to a point; thence S07* 10' 0011 w
50. 00 feet to tlie POINT OF BECMING.
- 4 6 -
ITEM 11-G.9 ITEM #19740
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and APPROVE the low bid of Southern National
Leasing Corporation for the lease/purchase of electronic voting
equipment totaling $158,180. Southern National Leasing
Corporation offers ten semi-annual payments in arrears at an
annual interest rate of 9.95%. Semi-annual payments would be
approximately $20,460.17; and, authorized the City Manager to
enter into the necessary agreements for the implementation of
this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, 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:
H. Jack Jennings, Jr.
- 4 7 -
ITEM II-G.3 ITEM #19741
COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS
Thomas W. Fisher, Branch Manager, Kolbe Company, spoke in favor
Upon motion by Councilman Kitchin, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizing the encroachment
of a nonconforming use located at the southwest corner of 18th
Street and Mediterranean Avenue as per the request of Ronald S.
Bray, of Baldwin and Gregg, Ltd., on behalf of Kolbe Company.
Approval is subject to the following amendment:
No less than 12 parking spaces
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
- 4 8 -
At a meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
City Hall Building, on the 11 day of April , 1983.
On motion bycouncilman Kitchin and seconded by
Councilman Baug, the following resEl-uEio-n was adopted.
R E S 0 L U T I 0 N
WHEREAS, John G. Kolbe, Incorporated, a Virginia
corporation, desires to construct a warehouse addition to its
commercial food service equipment company located at 18th Street
and Mediterranean Avenue as shown on the attached survey; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because commercial food service equipment and warehouse buildings
are not allowed in the C-1, Arts and Conference District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
zoning ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the enlargement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are equally appropriate
or more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming commercial food service equipment building located
at 18th Street and Mediterranean Avenue, as shown on the attached
survey, which is hereby incorporated by reference, are equally
appropriate or more appropriate to the zoning district in which
they are located than are the existing nonconformities, and the
City Council hereby authorizes the enlargement or extension of
the nonconforming use and the enlargement of a nonconforming
structure in the manner shown on the attached survey.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 11 April l9a3-
CMS/CJ/da
3/24/83
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ITEM 11-G.6 ITEM #19742
C. Oral Lambert, Director of Public Works, and John Herzke,
Traffic Engineer, spoke concerning this matter.
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to ADOPT the Ordinance to transfer Capital
Project Funds of $103,105 to eliminate the deficit and provide
for additional computer software in Capital Project 2-412,
Virginia Beach Boulevard, Phase 1. No local funds are required.
Voting: I I - 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. JoDes, 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
50-
AN ORDINANCE TO THANUEA @"t@TA
PROJECT FUNDS OF $103,105 L
ELIMINATE THE DEFICIT AND IROVIDE
FOR ADDITIONAL COMPUTER 90MAPX
IN CAPITAL PROJECT 2-412 VIR.OlIfIA
BEACH BOULEVARD - PHASE I
WHEREAS, the State Highway Department designed tho
bid SPeCifications for the Virginta Beacb $oulevard
Signalization Project in broad general tetios in ord4SSr,,@@
tO minimize the ctlance of excluding bidders,land.
WHEREAS, certain software features, *bich,tbLo"
lidpartment:of Public Worts desfr'ed were d'bieted @rom
th.e bid sperificational, and
WHEREAS, with the signalization proi4ct n@i6l
completion tbe D6partment of Public Works now desires
to obtain this software which includes additional datEL
base, more reporting capabilities, extended display
and additional maintenance and internal seculity fu
at a total cost of $38,105, and
WHEREAS, Capital Pioject 2-412 Vi' inla BOILCI
Phase I has a deficit oi approximately $65,900 so 11 @SL
transfer of $103,105 is needed to ef'iminilte the di6l
and purchase the additional software, aild
WHEREAS, the necessary funding is available fr@m t
Virginia Beach Boulevard Phase Ill project due to th@
rescheduling of activities and the Bridge Ouardrail
Installation project due to excess funds upon project
completion.
NOW, THEREFORE, BE IT ORDAINED BY @i& COUN6it.0@ Tnt
CITY OF VIRGINIA BEACH that capital prpject funds of $104
be transferred between capital projects as indicated@beloo
to eliminate the deficit and provide fok clddition*
software in project 2-412 Virginia Beach Boulevii*
5 1 -
Transfer from:
2-929 Virginia Beach Boulevard
Phase III $ 76,804
2-950 Bridge Guardrail
Installation 26,301
$103,105
Transfer to:
2-412 Virginia Beach Boulevard
Phase I $103,105
Adopted by the Council of the City of Virginia Beach
on the llth day of April 19 83
APPROVED AS TO COP4T['-
SIGNATURE
DEPARTMENT
- 5 2 -
ITEM II-G.10 ITEM #19743*
COUNCILMAN JONES LEFT COUNCIL CHAMBERS
David Howard, representing Plaza Dance, Figure and Speed Skating
Club
Jean Campbell, Poesidia Institute
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and DENY the application of Plaza Dance, Figure
and Speed Skating Club for a Bingo Permit.
Voting: I 0- 0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, 111,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
*THIS ITEM WAS CORRECTED BY CITY COUNCIL ON April 18, 1983
- 5 3 -
P L A N N I E G A G E N D A
ITEM II-H.I.a ITEM #19744
Robert B. Cromwell, Jr., represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of SHORE DRIVE
ASSOCIATES for a Conditional Use Permit as per the following
subject to the following amendment to condition number two:
2. A six-foot privacy fence along the southern
and western property lines to screen the
proposed use from adjacent residential
structures. Discretion shall be used during
site plan review to accomplish purposes of
compatible neighborhood integrity. Landscaping
along the eastern property line as depicted
on the site plan.
ORDINANCE UPON APPLICATION OF SHORE DRIVE R0483532
ASSOCIATES FOR A CONDITIONAL USE PERMIT
FOR MINI-WAREHOUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Shore Drive Associates
for a Conditional Use Permit for mini-warehouses on
certain property located on the South side of Shore
Drive beginning at a point 259.32 feet East of Diamond
Springs Road, running a distance of 509.46 feet along
the South side of Shore Drive, running a distance of
287.83 feet along the Eastern property line, running a
distance of 640.81 feet along the Southern property
line and running a distance of 276.14 feet along tbe
Western property line. Said parcel contains 3.631-acres.
BAYSIDE BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. City water and sewer.
2. A six-foot privacy fence along the southern and
western property lines to screen the proposed
use from adjacent residential structures. Discretion
shall be used during site plan review to accomplish
purposes of compatible neighborhood integrity.
Landscaping along the eastern property line as
depicted on the site plan.
3. Lighting directed away from adjacent residences.
4. No additional medial openings.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of April, 1983.
5 4 -
Voting: I 1- 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
- 5 5 -
ITEM II-H.l.b ITEM #19745
Attorney Robert B. Cromwell, Jr., represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of THRIFT CAR
CARE, INC., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF THRIFT CAR R0483533
CARE, INC., FOR A CONDITIONAL USE PERMIT
FOR AUTOMOBILE AND SMALL ENGINE REPAIRS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNTA
BEACH, VTRGINIA:
Ordinance upon application of Thrift Car Care, Inc.,
for a Conditional Use Permit for automobile and small
engine repairs on certain property located at the
Southeast corner of Haygood Road and Aragona Boulevard,
running a distance of 150 feet along the South side of
Haygood Road, running a distance of 150 feet along the
Eastern property line, running a distance of 150 feet
along the Southern property line and running a distance
of 150 feet along the East side of Aragona Boulevard.
Said parcel contains 22,500 square feet. BAYSIDE
BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer. .
2. All repair work conducted indoors.
3. Further development of the site to comply to
the Site Plan Ordinance.
This Ordinance shall be effective from date of adoption.
Approved by the Council of the City of Virginia Beach,
Virginia, on tbe Eleventh day of April, 1983.
5 6 -
Voting: I 1-0
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, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 7 -
1TEM II-H.2.a ITEM #19746
Attorney Grover C. Wright, Jr., represented the applicant
The following spoke in opposition:
Peter C. Athens
Jack DeCaprio
Eugene Farrar
Dr. Benjamin Troutman, 535 Lake Drive
Dick Bishop, relinquished his time
Councilman Heischober made a motion, seconded by Councilman
Jennings, to APPROVE the application of PATRICK L. STANDING
for a Conditional Use Permit for three duplexes.
Councilman Kitchin offered a SUBSTITUTE MOTION, seconded by
Councilwoman Oberndorf, to DENY the application of PATRICK
L. STANDING for a Conditional Use Permit for three duplexes.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 5 - 6
Council Members Voting Aye: (substitute motion)
Vice, Mayor Barbara M. Henley, Robert G. Jones*,
W. H. Kitchin, III, Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Louis R. Jones, and J.
Henry McCoy, Jr.,
Council Members Absent:
None
*COUNCILMAN JONES VOICED A VERBAL "AYE"
- 5 8 -
The recorded vote on the MAIN MOTION is as follows:
Voting: 7 - 4
Council Members Voting 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
- 5 9 -
ORDINANCE UPON APPLICATION OF PATRICK L. R0483534
STANDING FOR A CONDITIONAL USE PERMIT
FOR THREE DUPLEXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Patrick L. Standing for
a Conditional Use Permit for three duplexes at the
Southeast intersection of Lakewood circle and
Mediterranean Avenue on Lots B, C, and D, Lot 104,
Lakewood. Said parcels contain 15,161.7-square
feet. VIRGINIA BEACH BOROUGH.
When the development plans for this project are
reviwed by the staff, the following may be required:
1. City water and sewer.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of 11, 1983.
- 60-
1TEM II-H.2.b ITEM #19747
COUNCILMAN McCOY LEFT COUNCIL CHAMBERS
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to EXTEND the 120 day time limita-
tion and grant FINAL APPROVAL to the ordinance closing, vacating
and discontinuing a portion of Old Virginia Beach Boulevard in
the petition of Jack and Dorcas Helfant, in the Lynnhaven Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, R. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
6 1 -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS OLD VIRGINIA BEACH BOULEVARD
AS SHOWN UPON THI
PLAT SHOWING PROPOSED CLOSURE OF A
PORTION OF OLD VIRGINIA BEACH BOULEVARD
LYNNHAVEN BOROUGH --- VIRGINII NIA
WHEREAS, it appearing by Affidavit that proper notice has
they
been given by JACK HELFANT & DORCAS HELPANT that xkk would make
application to the Council of the City of Virginia Beach, Virginia,
on May 10 , 1982 , to have the hereinafter-described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAIN8D by the Council of the City of Virginia
Beach, Virginia, that the hereinafter-described street be
discontinued, closed and vacated:
BEGINNING at a point at the NE intersection of Old Virginia Beach Boulevard and
Virginia Beach Boulevard; thence running N 49*13'52" E 120.70' to a point on the
southern right-of-way line of Old Virginia Beach Boulevard, which point is known
as the point of beginning; thence continuing from said point N 49'1315211 E a
distance of 150.71' to a point on the southern right-df-way line of Old Virginia
Beach Boulevard; thence turhing and running N 40*46'8" E 12.11' to a point; tbence
turning and running N 40*26'42" E 12.11'R. to a point on the northern right-of-way
line of Old Virginia Beach Boulevard; thence turning and running along the northern
right-of-way line along a curve arc the radius of which is 452.47', arc - 8.34',
to a point; thence continuing along the nortbern right-of-way line of old Virginia
Beach Boulevard S 50*36'40" W 16.81' to a point; thence turning and running N 45*
58'2" W 6.91' to a point still on the northern right-of-way line of Old Virginia
Beach Boulevard; thence turning and running S 48@59'28" W 125.10' to a point still
on the northern right-of-way line of Old Virginia Beach Boulevard to a point; thence
turning and running S 41'00'32'- E 15.45' to a point; thence continuing S 40*46t8l'
E 15.45' to the point of beginning.
Said parcel of land being a portion of Old Virginia Beach Boulevard
6 2 -
oil tti @At c-,:,i 4i, 1,,:,: C)Il 1 -@C, !'!),o 1)
cilo,@t)illlll oil oil LYN'il-;AVEN
I-Ici-11-111@11----Vi,,,'INT7,@ DEAC,'I, VI@7,Gl,@iA.
A COY'.--i-f4---d cor,@, of this Or@4n-nce@ rhall, be filed in the
Clerl-'s Office of @,h@ Cir,@,i@- Co,,lrt o@ -,he (--ity of Vi-ginia Beach
i!idexed iri the r@,imc Of i--I',C- Ci-ty of Bpach a, Grantor.
This Ordinance shall be in effect thirty (30) days from
the date of its passage.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of April, 1983
- 6 3 -
ITEM II-H.2.c ITEM #19748
Attorney Bruce Murphy represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and DENY the application of NEWSOME
FARM ASSOCIATES for a Variance to Section 4.4(b) of the
Subdivision Ordinance , pr the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
ordinance, Subdivision for Newsome Farm Associates.
Property located at the Northwest corner of Connie
Lane and Lawrence Drive. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
Voting: 9 - 2
Council Members Voting Aye: (for denial)
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, and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 6 4 -
ITEM ii-H.2.d ITEM #19749
Attorney Michael Inman represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of DR. ROBERT
W. WADDELL, TRUSTEE FOR VIRGINIA BEACH ORTHOPEDIC ASSOCIATES
EMPLOYEE PROFLT SHARING PLAN, for a
Classification as per the following
A-3 Apartment District TO A-2 partment District:
ORDINANCE UPON APPLICATION OF DR. ROBERT Z0483713
W. WADDELL, TRUSTEE FOR VIRGINIA BEACH
ORTHOPEDIC ASSOCIATES EMPLOYEE PROFIT
SHARING PLAN, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2
COMMUNITY-BUSINESS DISTRICT TO A-2
APARTMENT DISTRICT (MODIFIED FROM
A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Dr. Robert W. Waddell,
Trustee for Virginia Beach Orthopedic Associates
Employee Profit Sharing Plan, for a
District Classification from B-2 Community-Business
District to A-2 Apartment District (modified from
A-3 Apartment District) on certain property located
on the Northwest side of Witchduck Road beginning at
a point 490.45 feet Southwest of Ferry Plantation
Road, running a distance of 203.77 feet along the
Northwest side of Witchduck Road, running a distance
of 492.99 feet in a Northwesterly direction, running
a distance of 235 feet in a Northeasterly direction
and running a distance of 408.09 feet in a Southeasterly
direction. Said parcel contains 2.476-acres.
BAYSIDE BOROUGH
When the development plans are reviewed by the staff,
the following may be required:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
It is also agreed that the following condition will
be met:
1. Modified to A-2 Apartment District.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of ril, 1983.
6 5 -
Vot ing: I I - 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
- 6 6 -
ITEM II-H.2.e ITEM #19750
Attorney Donald E. Rhodes represented the applicant
Mrs. Sadye Shaw, Newsome Farms Civic League, spoke in
opposition, and presented a petition from residents
in the area (a copy of which will be made a part of
these proceedings.)
Upon motion by Councilman Heischober, seconded by Councilman
Baum, City Council voted to APPROVE the application of MARGARET
R. MILLS AND GARPHINE E. SMITH for a Change of Zon
Classification as per the following:
ORDINANCE UPON APPLICATION OF MARGARET R. Z0483714
MILLS AND GARPHINE E. SMITH FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-6 RESIDENTIAL DISTRICT TO A-1 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Margaret R. Mills and
Garphine E. Smith for a Ch f Zoning District
Classification from R-6 @esidential District to A-1
Apartment District on certain property located 412.75
feet East of Lawrence Drive beginning at a point 304
feet North of Daniel Smith Road, running a distance
of 333.50 feet in a Northeasterly direction, running
a distance of 572 feet in a Southeasterly direction,
running a distance of 356.38 feet in a Southwesterly
direction and running a distance of 570 feet more or
less in a Northwesterly direction. Said parcel con-
tains 5-acres more or less. BAYSIDE BOROUGH.
When development plans are reviewed by the staff,
the following may be required:
1. Standard improvements as required by the Site
Plan Ordinance
2. City water and sewer.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of April, 1983.
6 7 -
Voting: 6 - 5
Council Members Voting Aye:
i.h. A. Baum, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, and J.
Henry McCoy, Jr., D.D.S-
Council Members Voting Nay:
Nancy A. Creech, Vice Mayor Barbara M. Henley,
W. H. Kitchin, III, Reba S. McClanan, and Meyera
E. oberndorf
Council Members Absent:
None
- 6 8 -
U N F I N I S H E D B U S I N E S S
ITEM 11-J.1 ITEM #19751
Councilman Baum made several comments concerning the recent
decision of the Arts and Humanities Commission that there be
no regional cooperation regarding the arts and humanities and
noted the final decision is with the City Council.
E X E C U T I V E S E S S I 0 N
ITEM 11-L.1 ITEM #19752
Upon motion by Councilman Jones, seconded by Councilwoman
Oberndorf, City Council voted to RECESS into EXECUTIVE
SESSION (7:00 p.m.) pursuant to Section 2.1-344 Code of
Virginia, as amended, for the purpose of discussing
Personnel Matters, Public Funds investment and Legal
Matters after which to adjourn.
Voting: 10-1
Council Members Voting Aye:
John A. Baum*, Nancy A. Creech, Harold Heischober,
Vice Mayor Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, III*,
Reba S. McClanan*, and Meyera E. Oberndorf*
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
*COUNCILMAN BAUM VOICED A VERBAL "AYE"
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE"
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE"
- 6 9 -
A D J 0 U R N M E N T
ITEM II-L.2 ITEM #19753
Upon motion duly made and seconded City Council adjourned at
7: 30 p m .
Diane M. Hickman, Deput C-ty Cl@rk
.th Hdg@. Im.1h, IMC iiayor s
City Clerk
City of Virginia Beach,
Virginia
11 April 1983
dmh/bh