MARCH 28, 1983 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUi4CIL
MAYOR LOUIS R. ]ONES, B.y@id@ B.,..gh
VICE-MAYOR BARBARA M. HENLEY, P..g. B@ ... gh
JOH,N A. BAUM. B.,..gb
NANCY A. CREECH. At L.,g@
HAROLD IIE(SCIIOBER, A, L.,p
H. JACK JEN,VINGS, JR.. Ly@.b.@@. B@@.gb
ROBERT G. JONES, A, L.,g@
W. 11. KITCHIN, fit. Vigi@i. B@.@b
REBA S. AI,CLANAN, P,i.@@- A..@ B.,..gb
1. HENRY bl,COY, JR., K@@p.@ill@ B@,@.gb 212 CITY HALL BUILDING
MEYERA E. OBERNDORF, Al L.,V MU,VICIPAL CENTER
VIRGINIA BEACH, VtRGIIiIA 23456
RUTH HODGES SMIT[L, CAIC, Cily Cl@,k (804) 427 -4 30 i
CITY COUNCIL AGENDA
March 28, 1983
ITEM I INFORMAL SESSION: 4:00 ID.M.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTI@IE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT tiATTEPS
1. Matters for discussion by MaVor.
2. Matters for discussion by Council.
3. Review of Planning Items.
E. CTTY MANAGER'S ADMINISTRATIVE ITEMS:
1. Presentation of 1983-84 Onerating Budget.
2. Subdivis'ion Regulations for Knotts Island: Presentation
bv Mr. Robert J. SCott, Director of DeDartment of Planning.
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Father William H. Carr
Holy Spirit Catholic Church
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 March 21, 1983.
E. PRESENTATION
1. Kempsville High School German-American Partnership Program
Students
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 endina June 30, 1983.
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 senarate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Resolution authorizing the City Manager and staff to
proceed with activity on the Virginia Museum of
marine sciences.
2. Resolution requesting the Virginia Department of High-
ways and Transportation to program construction of
Princess Anne Road, Phase III.
3. Ordinance, on SECOND READING, to appropriate funds of
$331,100 for police and fire vehicles and reduce the
1983-1984 Budget request for those vehicles by $461,112.
4. Ordinance, on FIRST READING, to authorize one new full-
time position in the Community Development Housina
Rehabilitation Section.
5. Ordinance to transfer $555,010 within the Community
Development Program.
6. Ordinance to transfer appropriations between Capital
Projects to close-out completed Capital Projects in the
Community Development Program.
7. Low bid of W. R. Hall, Jr., Contractor, in the amount
of $54,482.24, for the First Colonial Road Force Main
and Pump Station - Contract I;
AND,
a low bid of Van de Riet Construction Companv, Inc.,
in the amount of $143,700.00, for the First Colonial
Road Force Main and Pump Station, Contract II; and,
authorize the City Manager to enter into the necessary
agreements for the implementation of this vroject.
ITEM II G. CONSENT AGENDA (Cont'd)
B. Ordinance authorizing the City Manager and City Clerk
to execute a joint powers agreement between the City
of Virginia Beach and the City of Chesapeake for
installment of water and sewer services along
Providence Road, Phase IV, located in the Cities of
Chesapeake and virginia Beach.
9. Bingo Permit:
Plaza Dance, Figure and Speed Roller Skating Club
H. PLANNING
1. Planning Items by Consent
a. Ordinance closing, vacating and discontinuing a 24-
foot unnamed right-of-way in the petition of Richard
H. Kline (Lynnhaven Borough).
(This matter was deferred indefinitely on February
8, 1982.)
1. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for apdroval.
b. Application of Sea Pines Associates for a conditional
use pe@t for a temporary parking lot on a 1.31-acre
parcel located at the sout west co n@er of Atlantic
Avenue and 34th Street (virginia Beach Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Coinmission
for approval.
C. Application of John C. Aspinwall for a conditional use
permit for mini-warehouses on a 4.4-acre parcel located
along the south side of Shore Drive, west of IndeDendence
Boulevard (Bayside Borouqh).
1. Letter from the City Manager transmits the
recommendation of the Planning Cormnission
for approval.
2. Planning Items for Deliberation
a. Application of Nelson P. Tibbitt, Jr. for a change of
zoning from R-6 eside7nti 1 District t. A-2 TpartmeTt
District on a seven-acre parcel located along the south-
east corner of Pembroke Boulevard and Witchduck Road
(Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
b. Application of Runnington Investment Corporation for a
change of zoning from I-1 Industrial District to
B-4 Resort-Commercial i@strict on a 6,381-square foot
parcel located along the south side of Pinewood Drive,
west of Mediterranean Avenue (Virginia Beach Borough).
1. Letter from the City Manager transmits the
recomrnendation of the Planning Commission
for approval.
ITEM II H. PLANNING (Cont'd)
2. Planning Items for Deliberation (cont'd)-
c. Applications of John H. and Thomas F. Gray for:
(1) a variance to Sections 4.4(b) and (d) of the Sub-
division Ordinance which requires that lot dimensions
conform to the Comprehensive Zoning Ordinance and
that each lot in a subdivision have direct access to
a public street. The applicant wishes to subdivide a
13.47-acre parcel located along the east side of
Knotts Island Road, north of the Virginia/North
Carolina State Line, into four parcels, two of which
will be in a "flag lot" configuration. The DroT)osed
parcels (A, B, C, D) will total 1.79, 1.64, 5.03 and
5.01 acres, respectively; and,
(2) a conditional use permit for two single-family homes
in the AG-1 Agricultural District oti-ots totaling
13.5 acres located along the west side of Knotts
Island Road, north of-the Virginia/North Carolina
State Line (Pungo Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial of both ap
.plications.
I. APPOINTMENTS
a. Historical Review Board
b. Personnel Board
C. Public Library Board
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
28 March 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,
28 March 1983, at Four o'clock in the afternoon.
Council Members Present:
John A. Baun, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech, Robert G. Jones*, W. H. Kitchin,
Ill, and J. Henry McCoy, Jr., D.D.S.
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ITEM #19637
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE 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, assigrznent, appoi-ntment, promotion, per-
formance, demtion, salaries, disciplining or resignation
of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of e condi o@n, acquisition or @e of real property
for public purpose, or of the disposition of publicly
held property, or ol- plans for the future of an instit-
ution which could affect the value of property owned or
desirable for ownership by such instituion.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staf@- menbers, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Vice Mayor Henley, seconded by Councilman Bauin,
City Council voted to proceed into EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert G. Jones,* W. H. Kitchin,
III, and J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN JONES ENTERED MEETING AT 4:30 p.m.
- 3-
B U D G E T P R E S E N T A T I 0 N
ITEM #19638
The City Manager advised, as required by Section 5.02 of the
Virginia Beach City Charter, he was presenting the proposed
City operating budget for Fiscal Year ending June 30, 1984.
This is a balanced budget since the recomtnended expenditures
do not exceed estimated revenues and fund balance projected
to be available June 30, 1983.
Proposed Percent
Revenue Summary 1983-84 Of Total
General Property Taxes $85,295,942 29.21%
Other Local Taxes 57,887,643 19.81@%
Other Local Sources 44,969,604 15.40%
From the Commonwealth 91,152,809 31.21%
From the Federal
Government 5,793,262 1.98%
From Fund Balance 6,935,294 2.38%
Total $292,034,554 100.00%
Appropriation Summary
School Operations $124,968,425 42.79%
City Operations 115,602,381 39.59%
Debt Service
(City/School) 22,892,471 7.84%
Self Supporting:
Water/Sewer Operations 18,265,863 6.25%
Water/Sewer Debt Service 10,305,414 3.53%
Total $292,034,554 100.00%
There are no tax rates proposed for increases. The real estate
rate will remain at 80-cents per $100 of assessed value and the
personal property rate at $6.00 per $100. Some property owners
will pay more real estate tax, however, as a result of increased
property values, which have increased an average of 8.291% as a
result of general reassessment and 4.099% from normal growth.
Real property assessments used for computation of revenues in
this budget totaled $7,667,158,272, exclusive of Public Service
Corporation properties. All other general revenue tax rates
are proposed for continuance at existing rates.
Virginia Beach has a reputation for having an extremely fine
school system and the credit must go to City Council for
providing funds as well as to the School Board and the Division
Superintendent for their leadership roles.
In this budget, no reduction has been made to the amount
recommended by the School Board. The proposal is to educate
approximately 55,500 students during 1983-84 for $124,968,425.
This represents an increase of $11,106,613 which is 9.75% over
the 1982-83 budget. The amount to be provided from the General
Fund has increased $5,438,741 or 8.84% from $61,441,144 to
$66,874,885 (includes the State share,, of sales tax returned to
the City for education of $14,922,700).
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In Fiscal Year 1983, after an extensive review of the employee's
health care plan, revisions to the coverage were designed and
proposals requested. Based on the proposals received, the City
switched coverage from Blue Cross/Blue Shield to Prudential.
The new plan has been in effect since August 1, 1982, and based
on preliminary experience figures, it appears that a rate
increase will not be necessary in Fiscal Year 1984.
There is a deficit, however, from the previous plan estimated to
be $2.5-Million which Blue Cross/Blue Shield officials indicate
must be paid by August 1, 1983. If it is determined this amount
must be paid, approximately $1.8-Million can be made available
from FY 1983 budget. The remaining $700,000 has been included
in the FY 1984 budget.
For a number of years, the water and sewer operations have been
self-supporting from fees and charges generated from the system.
This concept is continued in this budget as no tax funds are
used to support the water and sewer fund other than the General
Fund reimbursement by hydrant charges related to fire service.
However, water and sewer revenue projections in this budget
include anticipated rate increases. A rate study being con-
ducted by the engineering firm of Buck, Seifert and Jost is
not yet complete but additional revenues are needed in FY 1984
to close the revenue gap and to continue the enterprise on a
self-supporting basis. The report on the rate study should
be available for Council consideration prior to July 1, 1983.
Despite continuing system expansion and growing demands for
service, enhancements above the current level of operations
have been held to a minimum. No additional employees are pro-
posed for the Utility Operations. The largest single increase
is in utility debt service which is projectd to increase by
$2,238,055 to $20,305,414.
During Fiscal 1983, and in the preparation of the FY 1984 budget,
several steps have been taken which will help to hold the line on
expenditures in the future:
Department directors have been requested to develop
realistic program measures to assist employees in
determining what is expected of them. It is antici-
pated that such gauges will result in improved em-
ployee moral, increased productivity and a resulting
lower cost to the citizens of Virginia Beach. Per-
formance measures are shown in the respective
department budgets this year.
Funds have been requested in this budget for the
acquisition of word processing equipment in several
departments. From our own experience, we have seen
that the use of work processors improves employee
moral, increases productivity and will curtail the
necessity for additional clerical employees in
future budgets.
In filling vacancies and in an el-fort to curtail the
hiring of personnel which may not be needed, a review
process has been developed wherein staff members in
the City Manager's office review all personnel
requisitions to ensure that the need for the requested
employee is valid.
-5-
Appropriations unexpended as a result of unfilled
personnel positions are frozen and not available
to transfer for other purposes.
A Staff Task Force has developed a new policy on
the use of take-home vehicles. This policy, when
fully implemented, will result in direct savings
to this City and fewer citizen complaints about
cars being driven home at night.
Pilot projects in Quality Circles have been
implemented in the Departments of Fire, Police,
General Services, Data Processing, Public
Utilities and Public Works. Quality Circles is
a proven successful employee involvement process
in which groups of employees doing similar work
meet on a regular basis to identify, analyze and
solve problems in their area. When done correctly,
it will improve productivity, quality, communications
and reduce costs.
Section 5.07 of the Virginia Beach City Charter requires that a
Public Hearing be held on the budget as submitted so that all
interested persons can be heard. Council has previously set a
Public Hearing for Wednesday, April 27, 1983, at 7:00 p.m., at
the Pavilion Theatre. Workshops have been set for the Council
Conference Room for April 4th and 18th at 10:00 a.m., and April
6th and 20th at 7:00 p.m.
The City Manager recommended the proposed budget for Fiscal Year
1983-84 for Council's adoption.
-6 -
I N F 0 R M A L S E S S I 0 N
M A T T E R S B Y T H E M A Y 0 R
HAMPTON ROADS VIRGINIA ITEM #19639
Mayor Jones advised Council of a letter presented to him by the
City Clerk from Congressman G. William Whitehurst advising the
Postal Service has designated "Hampton Roads Virginia" as the
postmark for the Hampton Roads Area, including the City of
Virginia Beach.
SAILOR OF THE YEAR ITEM #19640
Mayor Jones advised Council the Chamber of Commerce has requested
the City of Virginia Beach host the Sailor of the Year Reception.
The estimated cost is approximately $1,200. The City of Virginia
Beach has hosted this Reception for the past three (3) years.
OBSERVANCE OF PASSOVER ITEM #19641
Councilwoman Oberndorf advised she must leave the Council Meeting
to observe Passover, which begins Twenty minutes before sundown.
She asked when the discussion on Cox Cable would take place and
read a letter from Mr. Giles G. Dodd, Assistant to the City
Manager for Finance and Research, concerning this matter.
WESTMINSTER CANTERBURY ITEM #19642
Councilman Jennings advised the "Beach" Ordinances are in the
process of revision. Residents of the Chesapeake Beach/
Westminster Canterbury area have been working with the Staff
and the results will be forthcoming to Council in the near
future.
3/ 28 83
-7 -
PLANNING ITEMS ITEM #19643
Mayor Jones advised on the Planning Agenda the first three (3)
do not have opposition and can be approved as CONSENT AGENDA
items.
The City Attorney advised on Item II-H.l.a, the ordinance to
close, vacate and discontinue a 24-foot unnamed right-of-way
in the petition of Richard H. Kline, Lynnhaven Borough, the
applicant's Attorney has requested a one (1) week deferral.
It was noted the application of Runnington Investment Corporation
for a change of zoning from I-1 Light Industrial District to B-4
Resort-Commercial District will be deferred one (1) week as the
applicant has not provided the voluntary agreement limiting the
use of this land to multiple-family development.
It was the consensus of City Council to vote on each Planning
Item separately.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
SUBDIVISION REGULATIONS ITEM #19644
The City Manager asked Robert J. Scott, Planning Director, to
make a presentation concerning subdivision regulations for
Knotts Island.
Mr. Scott presented Council an outline of the subdivision
regulations for Knotts Island:
I. Current Situation
Same subdivision regulations apply here as
elsewhere:
(a) Frontage on City street required
(b) Street dedication and improvement required
(c) No flag lots except in accordance with
Section 200(c)
Unusual land configurations exist:
(a) Pre-existing flag lots are numerous
(b) Many land-locked parcels exist
(c) Very little in the way of standard
improvements or street widths exists.
II Issues
(a) What problems exist with application of current
standards?
(b) Should any standards be relaxed or modified to
alleviate these problems
-8-
(1) Dedication standard
(2) Improvement standard
(3) Flag lot standard
(4) Frontage on City street standard
(c) What problems would result if standards
relaxed?
(d) Can special treatment be expended to one
particular area of the City? Should it?
(e) If the answers to (d) are yes, should the
area be expanded to include other rural
areas of Pungo and Blackwater?
Mr. Scott advised the Council not to amend the Subdivision
Ordinance concerning Knotts Island, but to give "special"
thoughts to the Knotts Island area.
INDUSTRIAL DEVELOPMENT ITEM #19645
The City Manager advised a meeting will be scheduled with
the Industrial Development Authority for discussion of
Industrial Revenue Bonds on April 7, 1983, at 8:00 a.m..
This will be a breakfast meeting.
GENERAL ASSEMBLY ITEM #19646
The City Manager advised if Council would like to meet with
our representatives from the General Assembly it would be
scheduled for April 18, 1983, at 9:00 a.m., in the Council
Conference Room.
LITTLE ISLAND PARK ITEM #19647
The City Manager advised he would like to begin the formulation
of an advertisement where the City could set up a year-to-year
lease for the rental of beach equipment at Little Island Park.
3 2 8 8 3
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KEMPSVILLE GOLF COURSE ITEM #19648
The City Manager advised, during his absence, some statements
were made that the City would have an opportunity to purchase
Kempsville Golf Course and Council had requested a study be
prepared concerning this.
With council's concurrence the City will "hold off" on the study
until a formal offer to purchase the Kempsville Golf Course is
received.
Councilwoman Oberndorf advised the original story she read in
the paper stated that Kempsville Golf Course was up for purchase
to a developer; however, in Sunday's paper (March 27, 1983), the
article stated that R. G. Moore was the owner of the Golf Course
and asked if the City of Virginia Beach knew who the owner was?
The City Manager advised he will look into this matter and report
back to Council.
CONSENT AGENDA ITEM #19649
The City Manager advised item II-G.8, the ordinance authorizing
the City Manager and City Clerk to execute a Joint Powers
Agreement between the City of Virginia Beach and the City of
Chesapeake for installation of water and sewer services along
Providence Road, Phase IV, located in the Cities of Chesapeake
and Virginia Beach, (Queen City Project), will pass three (3)
tracts of land: MaLoy, Ella Webb (2 tracts), which will be
included in the project.
INDEPENDENT AUDIT ITEM #19650
The City Manager advised he would like to defer one (1) week
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, 1982.
City Council RECESSED into EXECUTIVE SESSION, (5:00 p.m.)
-10-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 March 1983
7:00 p.m.
Council Members Present:
John A. Baun, Harold Heischober* Vice Mayor
f
Barbara M. Henley, H. Jack Jennings, Jr-,
Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
INVOCATION: Father William H. Carr
Holy Spirit Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN HEISCHOBER VOICED A VERBAL "PRFSENT"
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M I N U T E S
ITEM II-D.1 ITEM #19651
Upon motion by Councilman Baum, seconded by Vice Mayor Henley,
City Council voted to APPROVE the Minutes of the Regular
Meeting of March 21, 1983, AS CORRECTED.
ITEM #19640 - It was the consensus of City Council that
those items recommended for approval by
both the Planning Department and the
Planning Commission and upon which no
opposition is registered wiil be listed
as CONSENT....
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 1 2-
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #19652
Mayor Jones introduced Miss Nancy Pinder who explained to Council
the Kempsville High School German-American Partnership Program
(GAP) and asked two (2) o-, the students to make a presentation to
the Mayor.
ITEM II-F.1 ITEM #19653
Upon motion by Vice Mayor Henley, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and DEFER ONE (1) WEEK (April 4, 1983)
the Resolution authorizing the City Manager to enter into
a contract for an independent audit o@@ the City of Virgiiiia
Beach for the Fiscal Year ending June 30, 1983.
Voting: 7-0
council members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack jennings, jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
Noiae
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
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C 0 N S E N T A G E N D A
ITEM II-G ITEM #19654
Upon motion by Councilman Baum, secoilded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of
II-G.9 which will be considered separately.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Harold Heischcber, Vice Mayor
BarbaLra M. flenley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Rcbert G. Jones, and
Reba S. MoClanan
Council Members Voting Nay:
Norie
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 14-
ITEM II-G.1 ITEM #19655
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Manager and staff to
proceed with activity on the Virginia Museum of Marine Sciences.
Voting: 7-0
Council Members Voting Aye:
John A. Baizn, Harold Heischober, Vice mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 16-
ITEM II-G.2 ITEM #19656
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution requesting the Virginia Department of
Highways and Transportation to program construction of Princess
Anne Road Phase III.
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischcber, vice mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 28th day of March 1983.
on motion by Councilman Baum and seconded
b solution was
a
R E S 0 L U T I 0 N
WHEREAS, the Virginia Department of Highways and
Transportation has indicated its willingness to initiate the
improvement of Princess Anne Road, Phase III, in the City of
Virginia Beach; and
WHEREAS, the contemplated improvement is urgently
needed and is in consonance with the Southeastern Regional Master
Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That, the Virginia Department of Highways and
Transportation is hereby requested to program the construction of
the improvement of Princess Anne Road, Phase III, from 0.095
miles east of Windsor Oaks Boulevard to Landstown Road, including
its intersection with the transitions along Landstown Road.
BE IT FURTHER RESOLVED, that the City of Virginia Beach
does hereby agree to pay five percent (5%) of the construction
cost of said project, and five percent (5%) of the engineering
design, right-of-way acquisition and utility relocation costs and
adjustment of said project, according to Highway Department
Policy, and the necessary funds will be appropriated for these
plirposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia
Beach agrees that if such project is established and Virginia
Beach decides at any time not to proceed further with it, then,
by this Resolution, Virginia Beach agrees to reimburse the
Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
3/28/83
Adopted by the Council of the City of Virginia Beach,
Virginia, on March 28, 1983
JAR/sm
3/15/83
(RES/2)
AP
GNATURE
ARTME14T
---APPROVE'D@AS T ORM
C,!.,@, -, u
CITY ATTORNEY
-2-
3/28/83
- 1 9-
ITEM II-G.3 ITEM #19657
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Or@inance to appropriate funds of
$331,100 for police and fire vehicles and reduce the 1983-1984
Budget request for those vehicles by $461,112.
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 20-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $331,100 FOR POLICE AND FIRE
VEHICLES AND REDUCE THE 1983-1984
BUDGET REQUEST FOR THOSE VEHICLES
BY $461,112
WHEREAS, recently the Virginia Department of Highways
and Transportation received bids for police and fire
vehicles, and
WHEREAS, the State Office of Purchases and Supply
has indicated that the City may ride this bid and include
its FY84 replacement vehicle purchase of forty police
.,..vehicles and three fire vehicles in this production
order, and
WHEREAS, the unit cost of the winning bid with the
State is approximately $3,000 less than the proposed unit
cost for City vehicles in FY84, and
WHEREAS, an order of forty-three vehicles at this
time will cost $331,100 and reduce the FY84 Police and
Fire Departmental budget requests for replacement
vehicles by $461,112.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $331,100 be
appropriated from the General Fund Balance for the
purchase of forty police vehicles and three fire vehicles
as follows:
Appropriation
Police Department $308,000
Fire Department 23,100
Total $331,100
BE iT FURTHER ORDAINED that the FY84 budget requests
6@- the Police and Fire Departments for the gcquisition
of these vehicles be reduced by $428,811 and $32,301
respectively.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach onTwenty-Eighth day of March 1983.
FIRST READING: March 21, 1983
SECOND READING: March 28, 1983
- 2 1-
ITEM II-G.4 ITEM #19658
Upon motion by Counci @n Baum, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and APPROVE ON FIRST READING the Ordinance
to authorize one new full-time position in the Community
Development Housing Rehabilitation Section.
Voting: 7-0
Council Members Voting Aye:
John A. Ba@ Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Requested by: The Office of Housing and Community Development
AN ORDINANCE M AUT=ZE
CNE NEW FULL-TDE POSITICN
IN THE =Y DEVELOPNENR
HOUSING REHABIL=ICN SBCTION
WHEE?EAS, the Office of Housing and Cammnity Develcgnent (IUD), as
one of its functions, provides @ing rehabilitatim services to low and
@erate incane fanLLlies, and
WHEFEAS, HM no lmger desires to @loy architectural f@ to provide
these services, and
it has been de@ ecmanically feasible to utilize Housing
Re.habilitation @ialists within BM tc) perfonn these services, and
the perfommces of these services will require cne additicnal
HM Housirig Rehabilitaticn Specialist.
NCW, E3E IT O@ BY TBE CWWIL OF THE CM OF V==
BEACH, VIRGIM:
'Ihat cne nEw full-tune Hous3-ng Rebabil 1 taticn Specialist position be
authorized within the Office of Housing and Ccnucunity Devel t with tbe class
of the @loyee to be de ed by the City Manager.
BE IT @ CRDAJNM that appropr3.atioris be made in the m=t of
$4,767 utilizing unappropriat@ funds in the c=ent aclninistrative budget which
had been designated for contingencaes and local option.
FIP.ST READING: 28 Yjarch 1983
SECOND @ING:
Adopted by the Council of the Ci-ty of V Beach cn the day
Of 1983.
ApPrkoVgD AS TO CONTENT
SIGNATURE
;-PRM
1: I Ely
- 2 3-
ITEM II-G.5 ITEM #19659
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the ordinance to transfer $555,010 within the Community
Development Program.
Voting: 7-0
Council Members Voting Aye:
John A. Baixn, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
2 4-
AN ORD TO MMSEER $555,010
WITHIN THE COMMLNITY DEVELOPMENR PROGRAM
WHEREAS, the Office of Housing and Camunity Development (FED) has
been notified that the construction phase of their Seatack Street project is
ready to be bid, and
WHEREAS, the dete@tion has been @de that additional appropriations
are required so that funding for this construction phase can be certified, and
WHEREAS, funds are available for transfer frm canpleted and closed out
IED capital projects and frcrn selected other HCD capital project budgets, and
, funding to the ongoing projects frcrn which these transfers
will be made will be restored in future Camiunity De-log-t prog- ye-s.
NOW, THM=PE, BE IT ORD@ BY THE COUNCIL OF THE C= OF VIRGINIA
BEACH, VI-RGINIA:
That transfers of appropriations in the anount of $555,010 be made
within the Camunity Develo@t Capital Project Budget for funding the Seatack
Street project.
FIRST READING: March 28, 1983
Adopted by the Council of the City of Virginia Beach on the 28 day
of March -, 1983.
- 25-
ITEM II-G.6 ITEM #19660
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to transfer appropriations between Capital
Projects to close-out completed Capital Projects in the Community
Development Program.
Voting: 7-0
Council members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 2 6 -
AN ORDINANCE TO TRANSFER APPRC)PRIATIC)NS
BE@ CAPITAL PROJBCFS TO CU)SE-OUT
C D CAPIML PRD=S IN TBE
COMKJNITY DEVELOPM!QT PROGRAM
@REAS, varic)us Camunity Develorment capital projects have been
ccmpleted and it is necessary to close-out the financial records of these
projects, and
@, sane catipleted projects have excess and scrne insufficient
appropriations, and
MEREAS, the close-out requires apprcpriations and expenditures be
equal for each ccnpleted project,
NOW, RE, BE IT ORDA= BY TBE COUNCIL OF TEH CITY OF VIRGINIA
BEACH that appropriations be transferred between capital projects as enutierated
below to allcw the close@t of ccmpleted Ccnmunity Develorment capital projects.
Program Year Project N /Project Transfer Amomt
Transfer Frcin
4, 5 5958 Atlantic Park Water II $22,200
3, 4, 5 6610 NEwscm Farms Sewer 12,438
2, 3, 4 6611 Newlight Sewer 3,149
3 6823 Seatack Sewer VII 3,810
Transfer To
3 5706 Grace@ Water 2,980
3, 4, 5 5707 Newscine Fanz Water 34,638
3 6822 Seatack Sewer VI 3,979
No Transfer R@ed
2, 3 5616 Newlight Water -0-
5 5955 Beechwood Water -0-
5 6906 Beechwood Sewer -0-
5 6920 Atlantic Park SE'ver -0-
Net Change -0-
Adopted by the Cc)uncil of the City of Virginia Beach on the 28th day
of March 1983.
@RTI-k NT
rcj For
- 27-
ITEM II-G.7 ITEM #19661
The following bids have been received for the First Colonial Road
Force Main and Pump Station - Contract I and II (CIP 6-905):
CONTRACT I
W. R. Hall, Jr., Contractor $54,482.24
Carter Bell Corporation $54,906.00
Major T. Archbell, Jr. $62,036.66
A & W Contractors, Inc. $63,556.00
Chesapeake Bay Contractors, Inc. $69,798.65
Inner-View, Ltd. $71,320.00
A. Stanley Mundy & Company $75,448.00
M. E. Wilkins, Inc. $78,754.38
ENGINEERIS ESTIMATE $86,815.00
CONTRACT II
Van de Riet Construction Co., Inc. $143,700.00
Crowder Contracting Co., Inc. $146,000.00
Luke Construction Company $152,000.00
Hunt Contracting Corporation $129,781.00 (incomplete bid)
ENGINEERIS ESTIMATE $150,200.00
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of W. R. Hall, Jr., in the amount of
$54,482.24, for Contract I;
AND,
the low bid of Van de Riet Construction Co., Inc., in the amount of
$143,700.000, Contract II, for the First Colonial Road Force Main
and Pump Station; and authorized the City Manager to enter into the
necessary agreements for the implementation of this project.
Voting: 7-0
2 8-
Council Members Voting Aye:
John A. Bam. Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jemings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., @ Meyera E. oberridorf
- 2 9 -
ITEM II-G.8 ITEM #19662
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the City Manager and City Clerk
to execute a joint powers agreement between the City of Virginia
Beach and the City of Chesapeake for installment of water and
sewer services along Providence Road, Phase IV, located in the
Cities of Chesapeake and Virginia Beach.
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischcber, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Rcbert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent-.
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and meyera E. Oberndorf
- 30-
AN ORDINANCE AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE
A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF VIRGINIA BEACH AND THE CITY OF
CHESAPEAKE FOR INSTALLATION OF WATER
AND SEWER SERVICES ALONG PROVIDENCE
ROAD, PHASE IV, LOCATED IN THE CITIES
OF CHESAPEAKE AND VIRGINIA BEACH
WHEREAS, it has been determined that the most feasible
manner in which to provide public sewer and/or water service to
the Queen City subdivision and to Parcels 001, 002, and 003 (as
shown on State Highway Projects UOOO-134-110, RW-201, C-501 and
UOOO-131-103, RW-201, C-501, Providence Road-Military Highway to
Atlantic Avenue) is for the City of Chesapeake and the City of
Virginia Beach to jointly undertake the installation of a public
sewer force main, water main, and gravity sewer main in
conjunction with building of the aforesaid road project;
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager and City Clerk are hereby
authorized to execute a joint powers agreement between the City
of Virginia Beach and the City of Chesapeake which provides for
installation of sewer and water services to certain parcels
located in the Cities of Virginia Beach and Chesapeake, as
described in said agreement, a copy of which is attached hereto
and made a part hereof.
BE IT FURTHER ORDAINED that all service charges for
sewer within the areas of Virginia Beach serviced by Chesapeake
will be collected by the City of Chesapeake in accordance with
the applicable ordinances of the City of Chesapeake.
Adopted by the Council of the City of Virginia Beach,
virginia, on 28 March 1983
CJ/da
3/2/83
3/9/83
(A) APP-IOVED AS TO CONTE14T
r
c,"
2 8 8 3
3 1 -
THIS AGREE@IENT made this day
1982, by and bet@,7een the CITY OF VIRGINIA BEACH, a municipal
corporation of the State o@@ Vir@.inia hereinafter called
"Vir@.inia Beach", and the CITY OF CHESAPEA@"E, a M.,u-@licipal corporati-on
of the State of Virginia hereinafter called "Chesapeake".
1,T.HEREAS, Virginia Beach desires to provide sanitary
sewer and water service to the Queen City subdivision; and
WHEP,EAS, Vir@inia Beach desires to provide sanitary sewer
service to certain properties within Vir@iiia Beach identified as
Parcels 001, 002 and 003 on the plans for State High@iay Projects
UOOO-134-110, Rli-201, C-501 and UOOO-131-103, R@%7-201, C-501,
Providence Road-llilitary High@.7ay to A-@IPPtic Avenue; and
WHEREAS, Chesapeake desires to p@-ovide water service to a
certain property within Chesapeake ide-,iti-@@4-ed as Parcel 001 on
the plans for State High@qay Projec-@s UOOO-134-110, Rli-201, C-501
ar-d UOOO-131-103, RI,7-202, C-501, Provide,-Ice Road-Military Hig@qay
to A-Ilantic AvenLe; and
WHEREAS, a force main and a water main must be installed
within the project 1L,-.iits of the State Hi-.n-,,7ay projects in order to
provide the service to Queen City; and
WHEP,EAS, a gravity sewer must be installed within the
project li,-,iits of the State High@qay projec@-s in order to provide
the service to the above parcels within the Vir-.inia Beach City
limits; and
32-
WHEREAS, Chesapeake, in conjunction with the State Hi.@laway
Department, will undertake such road projects in the near future;
and
IqHEREAS, Virginia Beach has no sewerage system in the
vicinity; and
@IHEREAS, Chesapeake has no water system available to
Parcel 001; and
1,MEREAS, Virginia Beach will be installin@ a water main
in front of Parcel 001 and Chesapeake desires to cooperate with
Vir@.inia Beach in accomplishin-. the installation o@@ public sewer
and water service to the above subdivision; and
1-4FEREAS, Chesapeake has public sewer service available
in the vicinity and desires to cooperate with Vir@.inia Beach in
accomplishin-. the installation of public sewer service to the
above parcels; and
14H@-REAS, it has been determined that the most feasible
man-,ier in iqhich to provide public sewer and/or water service
to the a.-ore,"qentioned subdivision and parcels is for Chesapeal<e
and Virginia Beach to jointly undertake the installation of a
public sewer force main, water main and gravity sewer main iri
conjunction with the building of,said road project.
NOW, THEREFORE, THIS AGREE,@FENT WITNESSETH: That for
and in consideration of the premises and the mutual a-.reement
herein contained, Virginia Beach and Chesapeake do hereby agree
as follows:
1. Chesapeake a-.rees to have a sewer force main installed
to serve the Queen City subdivision in Virginia Beach, a @.7ater main
2
3 3 -
installed to serve the Queen City si-,bdi-vision in Vir.ainia Beacl,
and Parcel 001 in Chesapeake and a gravity sewer installed to
serve Parcels 001, 002 and 003 in Vir@.inia Beach. Installation
and testin.@ shall be in accord with plans approved by the Vir-.@_,Iia
Beac'fl and Chesapeake Departments of Publ4-c Utilities, and the
Vir@.ini-a Department of Hi.-hways and Transportation. Final
acceptance of these facilities will be at the sole discretion o@@
Virginia Beacli.
2.- Vir@.inia Beach and Chesar)eall-e agree to reimburse the
Vir.@inia Depar-@ment of Hi-@.*,i@qays and Transportation for the con-
struction cost of that portion of the sl-,bject sewer forceirain,
water line arid gravity sewer located withi-la their respective ci-tv
limits.
3. Virginia Beach will reir,,.bu--se Chesapeake for all
ena.ineerin@., constructi-on, and inspecti-or, costs for the sewer
force main Pnd water main facilities located within the Chesapeall-e
city limits to provide service to the Queen City subdivision
located within the Vir-.inia B6ach city limi-ts, the service line
and meter box to serve Parcel 001 located within the Chesapeake
city limits and the gravity sewer facilities located within
the Chesapeake City limits to provide service to Parcels 001,
002 and 003 located within the Vir.@inia Beach City limits. Re-
imbursen,ent will be based on the unit prices in the hi@.h@lay
contract plus applicable engineerin- and inspection costs.
4. Vir@inia Beach will collect all water line a-nd taD
fees, and service char.@es in accordance with the applicable
3
34-
Virginia Beach ordinances for the connection made to serve Parcel
001 within Chesapeake, This water customer shall be treated as a
Vir@inia Beach customer i-.i all respects; includin@ collection o.-
monies due, discontinuance of service, and qualitv of service pro-
vided. Chesapeall-e will cooz)erate in any necessary matters to
assist Vir.@inia Beach in t-rie collection of monies o@-led bv custo,-,.ers
in Chesapeal@e for services covered by this a@reement. It is
expresslv uriderstood tha-@ all obli.@ations contained herein for
Virginia Beach providin@ @.7ater service to ar,.y individual outside
o@- its corporate boundarv is expressly subject to the execution of
an amendment to the exist4.,a@. water contract between t,-ie Cities o@@
Norfolk a-,ld Vir.@inia Beac@,. 1
5. Vir@.i-nia Be@-ch will collect all sewer line and tap
fees, based on the existi.7-.@ rates at the time of connection, for
all con-,iections made to se--ve proper-,y wit'@ii-n Vir.@in-@a Beacli. Any
line and ta@ fees collec-@ed by Vir@.inia Beach for cornectio--s to
the se@.7er ir@@i-n over and a-l-ove the amounts paid to Vir.@i-,ii-a Depa-@t-
ment of High@qavs and Tra.--l@-Dortation and tl,,.e City o@- Chesapea"@e, as
outlined in 2 ard 3 above, will be paid to the City of Chesapeake.
Chesapeake will collect PI-1- sewer servi-ce charges in accordance
with the applicable Chesa-oeake ordinances for all connectio-,is made
to serve property within Vir-inia Beach. These sewer custo-,ners
shall be treated as Chesa@eake customers in all respects; includ-
in@. collection of monies di-,e, discontinuance of service and
quality of serv4.ce provided. Virginia Beach will cooperate in
any necessary matters to assist Chesapeake i@l the collection of
monies o@.7ed bv customers in Vir@.inia Beacl@q for services covered
by t,qis a@reement.
4
35
6. The subject sewer force main and water lines shall
be considered parts of the public se@,7er and water systems of
Virginia Beach, ivhich t,7ill retain le-.al o@,nership responsibilitv
for such lines.
7. The subje ct @ravity se@.ier line shall be considered
a part o-f the public sewer syste.,-l of Chesapeake, iqtlich will retain
le.@al o@,rnership resnonsibility for such line.
8. The Virginia Beach Departme-,it of Public Utilities
shall have perpetual access within Chesapeal<e's street ri@.ht-of-way
for the maintenance, operati-o.,i, and reconst@,ction of tiese se,,..-er
force mai-,i and water lines a-,id appu-@-@enances. A pe=,it shall be
obtained fro-.n Chesapeake whenever work is necessary withi-n the
street ri-.ht-of-way except in the case of an emer@.ency.
9. The Chesapeal,-e Department of Public Utilities sliall
h--ve perpetual access within Vir.@i-.i4-a Beach's street ri.@ht-cf-way
for mai-ntenance, operation and of the gravity sewer line and
appurtenances. A pe=i-L shall be obtained fro,-n Vir@inia Beach
whenever work is necessary within the street right-of-way except
i-,i the case o.@ an energency.
IN WITNR-_SS WHEREOF, The City of Virginia Beach, Vir@.inia,
has caused th4.s A@.reement to be executed by its City Manager and
attested by its Cit7 Clerk, both bein@. duly aut',Iorized therefore;
and the City of C'Llesapeake, Vir.@in-@@a, has caused this Agreement to
be executed by its City Mana@.er and attested by its City Clerk,
both bein- duly authorized therefore.
5
36 -
CITY OF VIRGINIA BEACH, VIRGINIA
By
ulty
ATT--S7@:
CITY OF CHESAPEAK@ , viaG!,@TIA
Bv
a@er
ATT-@ST:
6
-37-
ATTEST:
SEAL
APPROVED AS TO CONTENTS:
Depa--t-,@ien-@ of Public Utilities
APPROVED AS TO FOP@NI:
City Attorney
STATE OF VIRGINIA
CITY OF to-wit:
The fcre-.oin@. instr@@.ent was acl,:,iowled@.ed before me by
of
this day of
19
1\10tary Public
My co,-,.,,Iission expires:
STATE OF VIPGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoin@. instrument was acknowledged before me by
Thomas H. @luehlenbeck and Puth Hod@es Smith, the City @lala@er and
City Clerk, respectively, of the City of Virginia Beach, this
d,@y of 19
@lotary Fu-b!IC
E--p
JCD:mr@ 7
- 3 8-
ITEM II-G.9 ITEM #19663
Miss Jean Campbell, Poesidia Institute, spoke in opposition
Michael J. Barrett, Assistant to the City Manager for Citizen
Affairs, spoke on this matter
upon motion by Councilman Jennings, seconded by Councilwoman
McClanan, City Council voted to DEFER FOR TWO (2) WEEKS the
request of Plaza Dance, Figure and Speed Roller Skating Club
for a Bingo Permit.
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. Baun, Harold Heischober, Vice mayor
]3arbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, TII, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 3 9-
P L A N N I N G A G E N D A
ITEM II-H.la ITEM #19664
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to DEFER ONE WEEK (April 4, 1983), the
application of RICHARD H. KLINE for the petition for closure of
a 24-foot unnamed right-of-way, in the Lynnhaven Borough.
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. BauTt, Harold Heischober'Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Rcbert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
40-
ORDItiANCE NO.
AN ORDINANCE CLOSING, VACATING
A,ND DISCONTINUING THAT CERTAIN
UNDEVELOPED RIGHT-OV-WAY IBIENTY-FOUR
FEET (241) it@ WIDTH LOCATED
IN LYNNHAVEN BOROUGH, CITY OF
VIRGINIA BEACH, VIRGINIA
WHERP-AS, proner notice that Richard H. Kline would make
application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter described undeveloped right-
of-way twenty-four feet (24') in width closed, vacated and dis-
continued as duly posted; and
WHEREAS, the Petitioner as owner of the propertv abutting
said street which is affected by its closure has requested the
said street to be closed; and
WHEREAS, application was made to the City Planning Com-
mission and to the City Council, and, pursuant to the statutes
in such cases made provided, the Council appointed Viewers who
have reported to the Council that no inconvenience to the public
or to private individuals would result from such closing, va-
cating and discontinuance; and
'iMEREAS, it is the judgment of the Cbuncil that the said
street should be closed, vacated and discontinued;
NOT,I, THEREFO-RE, be it ORDAIQED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
Section 1: That the said undeveloped right-of-way twenty-
four feet (241) in width located in Lynnhaven Borough, City of
Virginia Beach, Virginia, is herebv closed, vacated and discon-
tinued, said right-of-wav not being needed for Dublic use:
ALL that certain undeveloped right-of-way situate
in the Lynnhaven Borough O.- the City of Virginia
Beach, Virginia, t@ventv-four feet (241) in width
running north between ;Darallel lines from the
northern ri-ght-of-wav line of Southern Boulevard
(which is tha-, certalri twenty-four foot street
running adjacent to Norfolk and Southern Railroad)
a distance of 222 feet as shown on that certain
map of "Property of W.R. Pavne, located at Lynnhaven
in Princess Anne Co., Va., @cale l' = 100', ADril
24, 1946, W.B. Gallup - County Survevor", which mau
is recorded of record in t-lie Clerk's office of the
Circuit Court of the City of Virginia Beach, Virginia
in Map Book 18, at Page 20.
4 1-
Section 2: That thirty (30) days after this date, a copy
of this Ordinance, certified by the Clerk, be spread upon the
public records in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in a like manner
as a deed of lands.
Section 3: This Ordinance shall be effective thirty (30)
days from the date of its adoption.
This ORDINANCE NO. enacted and approved this
day of 1983.
71 '@@l
@T
DEFERRED ONE WEEK: Mar&h 28, 1983
-2-
- 4 2-
ITEM II-H.lb ITEM #19665
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman
Ileischober, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of SEA PINES
ASSOCIATES for a Conditional Use Permit as per the following:
ORDINANCE UPON APPT@TCATION OF SEA PINES R0383529
ASSC)CIATES FOR A CONDITIONAL USE PER4IT
FOR A @RARY PARKING LOT
BE IT O@NED 13Y THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application ol- Sea Pines Associates for
a Conditional Use Perinit for a temporary parking lot
on certain property located at the Sou@est corner of
Atlantic Avenue and 34th Street, running a distance of
210 feet along the West side of Atlantic Avenue, run-
ning a distance of 130 feet in a Westerly direction,
rurining a distance of 90 feet in a Southerly direction,
running a distance of 100 feet along the North side of
33rd Street, running a distance of 300 feet along the
East side of Pacific Avenue and running a distance ol@
230 feet along the South side of 34th Street. Said
parcel contains 1.31-acres. VIRGINIA BEACH BOROUGH.
As a condition of the use permit, the following is
required:
1. Approval is for a period of two (2) years.
2. This parking lot is subject to the requiremnts
established by the Departrnent of Public Works
for ternporary use.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of March, 1983.
4 3 -
Voting: 7 -0
Council Members Voting Aye:
John A. Bauii, Harold lieischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Rcbert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, Ill, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
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ITEM II-H.IC ITEM #19666
George Stephens, Scott and Company, represented the applicant
John Aspinwall spoke in behalf of his application
Sam Scott, Scott and Company, spoke in behalf of the application
Upon motion by Vice Mayor Henley, seconded by Councilwoman
McClanan, City Council voted to DEFER ONE WEEK (April 4, 1983), the
application of JOHN C. ASPINWALL for a Conditional Use Permit as per
the following:
Ordinance upon application of John C. Aspinwall for a
Conditional Use Permit for mini-warehouses on certain
property lc>cated on the South side of Shore Drive
beginning at a point 600 feet more or less West of
Independence Boulevard, running a distance of 160.24
feet along the souti, side of Shore Drive, running a
distance of 531.65 feet along the Western prcperty
line, running a distance of 40 feet in a Southwesterly
direction, running a distance of 25 feet in a South-
easterly direction, running a distance of 410 feet
in a Northeasterly direction, running a distance of
415 feet in a Southeasterly dire@on, running a
distance of 280.06 feet in a Northerly direction,
running a distance of 137.09 feet in a Westerly
direction, running a distance of 117.34 feet in a
Southerly direction, running a distance of 355 feet
on a Westerly direction and running a distance of
260 feet in a Northerly direction. Said parcel
contains 4.4-acres. BAYSIDE BOROUGH.
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
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ITEM II-H.2.a ITEM #19667
Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Heischober, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of NELSON
P. TIBBITT, JR., for a Chan2e of Zoning District Classification
as per the following
ORDINANCE UPON APPLICATION OF NELSON P. zo383712
TIBBIIIT, JR., F-OR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FRCM R-6 RESI-
DENTIAL DISTRICT To A-2 APARTMENT
DISTRICT
BE 1T ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA:
ordinance upon application of Nelson P. Tibbitt, Jr.,
for a Change of Zoning District Classification frcrn
R-6 Residential District to A-2 Apartment District
on certain property located at the Southeast corner
of P@roke Boulevard and Witchduck Road, running a
distance of 715 feet along the @t side of Witchduck
Road, ruming a distance of 100 feet in a Southeasterly
direction, running a distance of 262.08 feet in a
Northeasterly direction, r=ing a distance of 169.8
feet in an Easterly direction, running a distance o@-
237.5 feet in a Northeasterly direction, running a
distance of 40.12 feet in an Easterly direction,
running a distance of 138 feet in a Northeasterly
direction, running a distance of 101.70 feet in a
Westerly direction, running a distance of 44 feet
in a Nor@esterly direction, running a distance of
39 feet in a Northeasterly direction, running a
distance of 65.90 feet in a Northwesterly direction,
running a distance of 84.80 feet in a Northeasterly
direction and running a distance of 256.94 feet in a
Northwesterly direction. Said parcel contai-ns 7-acres
more or less. BAYSIDE BOROUGH.
During further review of the developinent plans for this
project, the following nuy be required by the staff:
1. Standard improvemnts as required by tbe Site Plan
ordinance.
2. City water and sewer.
3. Permits frcm the appropriate local, state and
federal agencies may be required for filling,
bulkheading or other waterfront related facil-
i ty.
Prior to the change on the official zoning maps the
following will be met:
1. The applicant will voluntarily record a deed
restriction to l@t the total n@er of units
constructed to 86.
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Voting: 7 -0
Council Members Voting Aye:
John A. Baun, Harold Heischcber, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent;
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
- 4 7 -
ITEM II-H.2.b ITEM #19668
Attorney Frank Butler represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman
Jones, City Council voted to DEFER ONE WEEK (April 4, 1983)
the application of RUNNINGTON INVESTMENT CORPORATION for a
Change of Zoning District Classification as per the following:
ordinance upon application of Runnington Investinent
Corporation for a Change of Zoning District Classifi-
cation frcrn 1-1 Light Industrial District to B-4 @sort
Ccninercial District on the South side @- Pinewood Drive,
100 feet West of Mediterranean Avenue. Said parcel is
located on Lots 17 and 18, Block 8, Pinewood, and con-
tains 6381-square feet. VIRGINIA BEACH BOROUGH.
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. ]3aun, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jermings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Myera E. Oberndorf
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ITEM II-H.2.c.1/2 ITEM #19669
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Vice Mayor Henley, seconded by Councilman Baum,
City Council voted to APPROVE the applications of JOHN H. AND
THOMAS F. GRAY for a Variance to Section 4.4(b) and (d) of the
Subdivision ordinance AND a Conditional Use Permit as per the
following:
Appeal frcm Decisions of Aclrninistrative officers
in Regard to certain elements of the Subdivision
Ordinance, Subdivision for John H. and Thcmas F.
Gray. Said property is lc)cated on the East side
of Knotts Island Road, 311.06 feet North of the
Virginia-North Carolina State Line. Plats with
more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
ORDINANCE UPON APPLICATION OF JOM H. AND P,0383530
TH@ F. GRAY FOR A CONDITIONAL USE
PER4IT FOR TWO (2) SINGLE-FAMILY HCMES
IN THE AG-1 AGRICLUTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of John H. and Thcms F.
Gray for a Conditional Use Permit for two-single-
fan-Lily hcmes in the AG-1 Agricultural District on
lots located on the East side of Knotts Island Road
beginning at a point 311.06 feet North of the Virginia-
North Carolina State Line, running a distance of 15.64
feet along the East side of Knotts Island Road, running
a distance of 451.69 feet in an Easterly direction,
running a distance of 472.94 feet in a Northerly direction,
running a distance of 570.64 feet in a @lesterly direction,
running a distance of 15.62 feet along the East side of
Knotts Island Road, running a distance of 1388.40 feet
along the Northern property line, running a distance of
520.82 feet along the Eastern property line and running
a distance of 1281.70 feet along the Southern property
line. Said parcel contains 13.5-acres. PUNGC) BOROUGH.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of march, 1983.
4 9-
Voting: 7 -0
Council Members Voting Aye:
John A. Bauii, Harold Heischcber, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
@yor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
@ oy, Jr., D.D.S., and Meyera E. Oberndorf
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A P P 0 I N T M E N T S
ITEM II-H.1 ITEM #19670
Upon nomination by Councilman Heischober, City Council APPOINTED
James H. Agles to the HISTORICAL REVIEW BOARD, term ending
March 31, 1985.
Voting: 7-0
Council Members Voting Aye:
John A. Baun, Harold Heischober, Vice Mayor
Barbara M. I-Ienley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. 11. Kitchin, III, J. lienry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
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ITEM II-I.2 ITEM #19671
Consideration of appointments to the PERSONNEL BOARD were
rescheduled to a future Council Meeting.
ITEM II-I.3 ITEM #19672
Upon nomination by Councilman Baum, City Council voted to APPOINT
Arlene Lewis and REAPPOINT Mrs. Ira Hancock to the PUBLIC LIBRARY
BOARD for terms of three (3) years each expiring March 31, 1986.
Voting: 7-0
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, and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
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N E W B U S I N E S S
ITEM II-K.1 TTEM #19673
Roger Pierce, Vice President of Cox Cable of Tidewater, spoke
before City Council regarding a rate increase of 81-cents
imposed on Cox Cable customers due to copyright fees.
City Council advised Mr. Pierce to file through the normal
processes for a rate increase and meet with the City Attorney
and Cox Cable's Attorneys on this matter.
Mr. Pierce advised he would meet with the City's and Cox
Cable's Attorneys and contact the City Council or City
Manager within one week.
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #19674
Upon motion by Councilman Baum, City Council adjourned at
9:23 p.m.
Diane M. Hickman, Deputy City Clerk
Ru@h Hodg@s Smith, CMC Jones
City of Virginia Beach,
virginia
28 March 1983
dmh/asd
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