JANUARY 10, 1983 MINUTES
Cit@@f N7i@@irai@ 13@@@ta
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y@id@ B.,..gb
VICE-MA YOR BARBARA M. HENLEY. P..g. B.,..Sb
JOHN A. BAUM, B.,..Sb
NANCY A. CREECH, At L.,g,
HAROLD HEISCIIOBER, At L.,g.
H. JACK JENNINGS, JR.. Ly@.b.... B.@.gb
ROBERT G. ]ONES, Al L.,g@
W. Ii. KITCHIN, lit. Vigi@i,, B@.lb
REBA S. M,CLANAN. P,i ... @@ A@@@ B@,..gb
1. HEVRY AI,COY, JR., K@@p-ill@ B --- gb 212 CITY HALL BUILDING
MU,NICIPAL CENTER
MEYERA E. OBERNDORF, At L.,g@ VIRGINTA BEACH, VIRGINIA 23456
RUTH HODGES SM[Tii, CMC, Cily Cl@,k (804) 427 -4303
CITY COUNCIL AGENDA
January 10, 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 Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Status Report on Virginia Beach Boulevard Signalization:
Mr. John Herzke, Traffic Engineer.
2. Update on Merit System: Mrs. Phyllis Millette, Director
of Department of Personnel.
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 P.M.
A. INVOCATION: Reverend John T. LeGault, Jr.
Scott Memorial United Methodist 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 January 3, 1983.
E. PRESENTATION
1. Resolution in Recognition of Linwood S. Leavitt.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item
will be removed from tbe Consent Agenda and conside@6d'. separately.
1. Resolution in Recognition of Linwood S. Leavitt completing
Forty-One years as a Pharmacist and more than Fifty-Five
years in drtigstore experience.
2. Resolution authorizing the City Attorney to Execute
Proposed Settlement Agreement on behalf of the City
of Virginia Beach relative to the damage to the Pungo
Ferry Bridge.
3. Resolution certifying that the City of Virginia Beach has
made all arrangements or will be making arrangements for
the relocation and/or adjustment of utility facilities,
and for the installation of any new facilities concerning
the Newtown Road, Phase II, Project of the Virginia De-
partment of Highways and Transportation (VDHT).
4. Resolution autborizing a 35' x 40' addition to the west
side of an existing convenience store and self-service
gas station at 1240 Sandbridge Road as per request of Mrs.
Margaret L. Blanton. Location is zoned AG-2 Agricultural
District which makes the use non-conforming.
5. Ordinance authorizing tbe City Manager to execute a Deed
releasing 5 feet of a 20 foot Drainage Easement on Property
of B. G. Construction Corporation.
6. Ordinance appointing viewers in the Petition of Claud P.
Brownley, II; Tren L. Brownley, and Bernice Leonard
for the closure of a portion of an alley adjoining Lots 77,
76, 95, and 96, The Hollies, between Myrtle Avenue and
Atlantic Avenue (Virginia Beach Borough).
7. Low Bid of Emergency One, in the amount of $69,000, for an
aluminum body fire truck;
AND
Low Bid of Southern National Leasing Corporation for lease/
purchase of fire truck. They offer quarterly payments in
arrears at an annual percentage rate of 10.48%. Authorize
the City Manager to enter into the necessary agreements for
the implementation of this project.
ITEM II F. CONSENT AGENDA (Cont@d)
8. Raffle Permits:
Lambda Gamma Omega Chapter Raffle
of Alpha Kappa Alpha Sorority
G. PLANNING ITEMS
1. Application of Sharon Gagnon for a Conditional Use Permit
for a home occupation (babysitting) on a 8,998-square foot
parcel located at 3232 Silina Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of William D. Wright, Douglas J. Ross, and
Louis Lucente, Trustees for Open Door Chapel for a Change
of Zoning from B-2 Community-Business District to A-2
Apartment District on a 21-acre parcel located along the
east side of Groveland Road, south of Virginia Beach
Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of S & S Enterprises, a Virginia General
Partnership, for a Change of Zonin& from B-2 Community-
Business District to I-I Light Industrial District on a
7,000-square foot parcel located along the east side of
Butternut Lane, south of Bonney Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Hudgins and Associates, Inc. for a Change
of Zoning from R-5 Residential District to A-3 Apartment
District on a 15.138-acre parcel located east of South
Birdneck Road, north of Owls Creek Lane (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of R. G. Moore for Changes of Zoning on two
sites located along the east side of First Colonial o@ad,
south of Wildwood Drive (Lynnhaven Borough):
(a) From R-4 Residential District to 0-1 Office
District on an 11.2-acre parcel.
(b) From R-4 Residential District to A-2 Apartment
District on a 23.8-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
H. ORDINANCE
1. Ordinance to Amend and Reordain Section 2-20 of the Code
of the City of Virgini@Beach relating to the Time and
Place of Regular Council Meetings.
ITEM II I. APPOINTMENTS
1. Old Incinerator Site
J. IJNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 January 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, 10 January 1983
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III
- 2 -
ITEM #19297
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, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal counsel
or briefings by staff members, consultants or
attorneys, pertaining to actual or potential
litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to proceed into the EXECUTIVE
SESSION following the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 3 -
M A T T E R S B Y T H E M A Y 0 R
COUNCIL FUNCTIONS ITEM #19298
The Mayor advised the following Council Members attended functions
on behalf of the City of Virginia Beach during the month of
December, 1982:
December I Vice-Mayor Barbara M. Henley and
Councilwoman Meyera E. Oberndorf
attended the dedication ceremonies
for Atlantis Manor, Inc., a residence
for mentally disabled adults.
December I Vice-Mayor Barbara M. Henley
represented the Mayor at a
ceremony at the site of the
proposed Headquarters/Engineering
Services Division Comptex Research,
Inc., Phase I, located in Oceana West
Industrial Park.
Vice-Mayor Barbara M. Henley also
represented the Mayor at the ribbon
cutting ceremony of Ben Franklin Store
at Bayside Shopping Center.
December 3 Vice-Mayor Barbara M. Henley and
Councilwoman Meyera E. Oberndorf
attended the Governor's Forum on
Employment and Training held in
Richmond.
December 9 The City's 12th Annual Employee
Service Awards Program was attended
by Council Members Nancy A. Creech,
B. Jack Jennings, Jr., Robert C.
Jones, Reba S. Mcclanan and Meyera
E. Oberndorf.
December 10 The Annual Development Authority Dinner
was attended by Council Members John A.
Baum, Nancy A. Creech, Harold Heischober,
Vice-Mayor Barbara M. Henley, H. Jack
Jennings, Jr., Robert C. Jones, W. H.
Kitchin, Ill, and J. Henry McCoy, Jr.,
D.D.S. Vice-Mayor Henley provided
remarks on behalf of the Mayor.
December 11 Councilman H. Jack Jennings, Jr.,
represented Mayor at the ribbon cutting
for Sparks Tune-Up on Witchduck Road.
Councilwoman Meyera E. Oberndorf
participated in the nail-driving
ceremony at Rudee's Restaurant in
the Beach Borough.
-4 -
December 12 Councilwoman Meyera E. Oberndorf
represented the Mayor at the lighting
of the monumental Hanukkah Menorah
atop Mt. Trashmore.
December 13 Councilwoman Meyera E. Oberndorf
attended the lighting of the
Christmas Tree atop Mt. Trashmore.
Councilman Robert G. Jones traveled
to Richmond on behalf of the City
regarding JLARC and the Highway
Allocation Formula.
December 15 Vice-Mayor Henley attended the
Regional Assembly of the Virginia
Assembly on Land Use Policies held
at the Tidewater Community Campus in
Suffolk.
VEPCO ITEM #19299
The Mayor advised the City Manager requested he notify Council
that VEPCO will made a presentation to City Council on 7 February
1983 in the FORMAL SESSION regarding right-of-way plans for the
Greenwich Substation.
VIRGINIA MUNICIPAL LEAGUE ITEM #19300
The Mayor advised the Virginia Municipal League has requested
membership appointments to various Committees of the VML.
The Mayor requested Council provide him with a list of the
Committees on which they are willing to serve and he will
then forward the list to the Virginia Municipal League.
AICUZ TASK FORCE ITEM #19301
The Mayor advised he appointed Council Members Nancy A. Creech
and Reba S. McClanan to the AICUZ TASK FORCE.
- 5 -
M A T T E R S B Y C 0 U N C I L M E M B E R S
BACK BAY STUDY COMMITTEE ITEM #19302
Vice-Mayor Henley advised the Back Bay Study Committee was
established on February 2, 1982, for the purpose of investigating
the current status of the Back Bay ecosystem and developing
policy recommendations to guide future local decision-making.
On August 9, 1982, the Committee presented a preliminary Scope
of Work for a locally designed Management Plan for Back Bay and
its watershed. This approach was subsequently endorsed by
Resolution and the administrative staff directed to solicit
proposals and pursue funding sources for the preparation of
the plan.
The Committee selected ROY MANN ASSOCIATES, INC., to perform the
consulting services for the Plan. The firm was selected from a
field of eighteen (18). The Committee feels the final Plan will
provide the City with a cost effective basis upon which to:
1. Continue, terminate or modify the saltwater
pumping operation which currently represents
an annual expenditure of $76,972 in local
funds and $10,000 in State funds
2. Adopt explicit policies regarding sewerage
disposal in the watershed
3. Revise or reinforce land use strategies for those
Comprehensive Plan Study Areas encompassed by the
watershed
4. Develop information and techniques for improving
agricultural practices as they relate to runoff
into Back Bay
5. Revise or amend currently programmed improvements
in the area
6. Develop and transmit City recommendations on permit
actions to other agencies such as the State Water
Control Board
7. Present a more definitive City position on proposed
actions of other levels of government within the
watershed.
Based upon these needs and in accordance with the recently adopted
Procurement Policy, the Committee has authorized the Staff to
negotiate a detailed scope of services and budget with Roy Mann
Associates, Inc. In addition, the Staff has been directed to
present a proposal for state funding assistance to the next
meeting of the Virginia Commission of Came and Tnland Fisheries
scheduled for January 14, 1983, in Richmond, Vir@.inia.
- 6 -
Vice-Mayor Henley thanked Councilman John A. Baum and C. Oral
Lambert, Director of Public Works, for serving on the Committee
and Jack Whitney, Chief, Comprehensive Planning Division, who
also served on the Committee and will be making a report to
the Virginia Commission of Game and Inland Fisheries scheduled
for January 14, 1983.
EVALUATION COMMITTEE ITEM #19303
Councilman McCoy advised Council he and Councilman Baum have met
on the EVALUATION/REEVALUATION COMMITTEE and will be meeting
again in the near future.
SENATE BILL 23 ITEM #19304
Councilwoman McClanan advised Council that the Senate Committee
on General Law will be holding a Public Hearing on Senate Bill
23 (Proposed Comprehensive Conflict of Interest Act) on Wednesday,
January 12, 1983, at 2:00 p.m., in Senate Room B.
Councilwoman McClanan advised if any Members of Council wished
to peruse the Bill and other pertinent information concerning
this matter she will see they get copies.
DRUNK DRIVING TASK FORCE ITEM #19305
Councilman Heischober advised that Mrs. Lillian DeVinney has
accepted to serve on the City of Virginia Beach DRUNK DRIVING
TASK FORCE. Mrs. DeVinney is Vice-President of Many Against
Drunk Driving (MADD), a State Committee.
AGENDA ON WEDNESDAYS ITEM #19306
Councilwoman Oberndorf asked if the City Council could receive
their Agenda package on Wednesdays, instead of Thursdays, to
permit them an extra day for research.
The City Manager advised Council will receive their Agenda on
Wednesdays, beginning the first Council Meeting in February,
(February 1983).
- 7 -
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 F I T E M S
TRAFFIC SIGNALIZATION ITEM #19307
The City Manager advised he asked John Herzke, Traffic Engineer,
to make a presentation to City CounCil concerning the Traffic
Signalization on Virginia Beach Boulevard.
Mr. Herzke advised tbat presently in the City of Virginia Beach
there are 178 traffic signals. Of those 178 signals, thirteen
(13) are flashing and four (4) exclusive pedestrian signals.
Three (3) of those four (4) are located in shopping centers
and flash between the hours of 10:00 p.m. and 9:00 a.m.
Mr. Herzke advised there has been improved traffic flow on Virginia
Beach Boulevard because of the computerization, which should go
"on-line" the end of January or beginning of February, 1983.
UPDATE OF MERIT SYSTEM ITEM #19308
The City Manager asked Mrs. Phyllis Millette, Director of the
Department of Personnel, to make a presentatidn to Council
on the Merit System of the City of Virginia Beach.
Mrs. Millette advised the City of Virginia Beach does utilize
a Merit System in an effort to stimulate professionalism and
competence in City employment. A Merit System is a Personnel
System of comparative merit or achievement governing each
individual, sellection and their progress in the City service.
Mrs. Millette advised Council a Performance Appraisal System
was implemented on July 1, 1982, and developed directly in
response to the variable Merit Pay Plan and is based on
behaviorily anchored performance standards. it provides the
City with a State of Art mechanism for differentiating the
various levels of employee job performance. Appraisals are
based on a ten (10) point scale:
Scores of 9 to 10 Outstanding (71/2% merit increase)
(with approval of the City Manager)
Scores of 7 to 8.9 Very Good (5-@ merit increase)
Scores of 5 to 6.9 Acceptable (2-2% merit increase)
Scores of 3 to 4.9 Needs Improvement (O% merit increase)
Scores of 0 to 2.9 Unacceptable (O% merit increase)
- 8 -
Mrs. Millette advised the general philosophy for which the System
was developed is to:
a. Improve communication and performance
b. Allow Supervisors to reward outstanding
performance; allow lesser rewards for
those performing in an acceptable manner;
and, withhold any reward to those needing
improvement
C. To separate performance appraisal and
merit increases from the disciplinary
process.
Ronald N. McLemore, Training Coordinator, Department of Personnel,
spoke on this matter.
SENATOR TRIBBLE ITEM #19309
The City Manager advised Council the meeting with Senator Tribble
will be held on January 12, 1983, at 10:00 a.m., in the Conference
Room and presented Council with a "Briefing Paper", which outlines
several ideas and questions for Senator Tribble.
CHRISTOPHER DEVELOPMENT
COMPANY ITEM #19310
The City Manager advised Council there were several questions
discussed during the Council meeting of January 3, 1983,
concerning the Christopher Development Company's rezoning
on November 22, 1982, from B-2 Community-Business District
to A-2 Apartment District and questions concerning a previous
sewer agreement under a previous zoning.
The City Manager presented Council copies of Christopher
Development Company's sewer agreement, dated March 25,
1980, for informational purposes only.
- 9 -
REVIEW OF CONSENT AGENDA ITEM #19311
Councilman Heischober advised on Item II-F.7 of the Consent
Agenda he has two observations. Aluminum wrecked does not
repair and a person can rustproof, undercoat and polyglicoat
steel bodies, or iron bodies, that will give you the protection
needed.
Chief Harry Diezel, Fire Department, spoke on this matter.
Councilwoman Oberndorf advised she had some reservations in
Item 11-F.2, the Resolution authorizing the City Manager to
Execute Proposed Settlement Agreement on behalf of the City
of Virginia Beach relative to the damage to the Pungo Ferry
Bridge.
City Council recessed into EXECUTIVE SESSION, (1:40 p.m.)
-10-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 January 1983
2:35 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Ilayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III
INVOCATION: Reverend John T. LeGault, Jr.
Scott Memorial United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN JENNINGS VOICED A VERBAL "PRESENT"
- I 1 -
M I N U T E S
ITEM II-D.1 ITEM #19312
Upon motion by Councilman Baum, seconded by Councilman Jones,
City Council voted to CORRECT the Minutes of November 22, 1982,
Item #19129 to delete item number five (5) of the conditions
upon the Ordinance adopting a Change of Zoning District Classifi-
cation from B-2 Community-Business District to A-2 Apartment
District upon the application of Christopher Development Company
with the understanding reference to item number 5 is to remain
in the Minutes but not as a condition of approval.
Voting; 8 - 2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, Ill
- 1 2 -
ITEM 11-D.2 ITEM #19313
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council voted to APPROVE the Minutes of the Regular
Meeting of January 3, 1983.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
W. H. Kitchin, Ill
- 1 3 -
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #19314
Councilman McCoy read a Resolution in Recognition and presented
same to Linwood S. Leavitt for completing Forty-One years as a
Pharmacist and more than Fifty-Five years in drugstore experience.
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19315
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 14 -
ITEM II-F.1 ITEM #19316
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution in Recognition of
Linwood S. Leavitt completing Forty-One years as a Pharmacist
and more than Fifty-Five years in drugstore experience.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
-15 -
RESOLUTION IN RECOGNITION
WHEREAS:
In the course of our lives, there are many peopze who attain
fame and weatth for their activities retating to their feltomen. There
are many who render such services at great personal sacrifice, who are
quiet and unasswning in their mode of life and place more vatue on the
comfort 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 the citizens, take this means to express their
warm and sincere congratulations to
LIPIWOOD S. LEAVITT
mr. Leavitt fitted his final prescription and retired from the
profession December 31, 1982, completing Forty-One years as a Pharmacist
and more than Fifty-Five years in drugstore experience. He began his
career as a DeZivery B.)y in a Norfolk Drugstore. With carefuz pzanning
and good investment of time, energy and vnges, he put himsezf through
pharnucy schooz in Richmond. He possesses a most important quality--
one of sincere perso-naz concern, compassion and love for his fellow human
beings. Not a day has gone by that he has not made a contribution to
hwnanity. Society exists onzy because of those who lead and those who
follow. Linwod Leavitt has been a nnn among men, a gentzeman among
gentlemen.
In 1941, he returned to Tidewater to begin a career, including
serving five years as a Navat officer during Wortd War II, which brought
him local, regional and nationaz recognition. He practiced in severaz
areas of Pharmacy, including wholesale and Territory Manager of Squibb.
He was Secretary of the Virginia State Bgard of Pharmacy and being first
appointed by Governor Godwin, served ten years as a member of the Virginia
State R?ard. In 1974-75, he was President of the National Ebards of
Pharmcy and in 1976 was selected as "Pharffaciat of the Year'. In 1980, he
was elected President of the Virginia Phar7mceuticaZ Association; and, in
1981, was President of the Alumni Association of the Medical College of
Virginia. LocaLty, he has been a very active member and Past President
of the Princess Anne Rotary C'Iub and Past Master of ELizabeth Masonic Lodge
as wett as a dedicated member of ThaZia United Methodist Church.
The Virginia Beach City Councit recognizes this distinguished
career and dedicated citizen with gratitude for his contribution to
Virginia Beach and its citizenry.
NOW, THERSFORE, IF IT RESOLVED: That this ResoZution be framed
for presentation with a copy spread upon the Minutes of this FormaZ Session
of the Virginia Beach City Council this Tenth day of January, 1983.
Mayor
- 16 -
ITEM 11-F.2 ITEM #19317
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizing the City Attorney
to Execute Proposed Settlement Agreement on behalf of the City
of Virginia Beach relative to the damage to the Pungo Ferry
Bridge.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
1 7 -
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO EXECUTE PROPOSED
SETTLEMENT AGREEMENT ON BEHALF OF
THE CITY OF VIRGINIA BEACH RELATIVE
TO THE DAMAGE TO THE PUNGO FERRY
BRIDGE
R B S 0 L U T I 0 N
Whereas, on August 21, 1978 the City owned Pungo Ferry
Bridge was damaged when struck by a barge being towed by a tug
owned by C. G. Willis, Inc.; and
Whereas, the total damaqe to the bridge was
$231,307.95; and
Whereas, the insurer of C. G. Willis, Inc. has made a
good faith offer to settle the City's claim for $187,160.78, as
per worksheet for settlement attached hereto; and
whereas, it is considered that the offer of settlement
is reasonable and should be accepted.
Now, Therefore, Be It Resolved By the Council of the
City of Virginia Beach, Virginia.
That the City Attorney is hereby authorized to accept
the offer of settlement and to execute any necessary documents or
releases pertaining thereto for and on behalf of the City.
This Resolution shall be effective from the date of
adoption.
Adopted by the Council of the City of Virginia, Beach,
this 10 day of January 19 83
AP:17,-,VED AS TO --',@JTZWT
12/21/82
1/4/83
(RES.2)
- 18 -
ITEM II-F.3 ITEM #19318
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution certifying that the City of
Virginia Beach has made all arrangements or will be making
arrangements for the relocation and/or adjustment of utility
facilities, and for the installation of any new facilities
concerning the Newtown Road, Phase II, Project of the Virginia
Department of Highways and Transportation (VDHT).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
1 9 -
RESOLUTTON
At a @ting of the City Council of Virginia Beach, Virginia, held this
Tenth day of January 19 8 3 the following
resolution was adopted:
, the Hi-ghway Depar@t proposes to oc)nstruct or otherwise irrprove
a section of roadway from Virginia Beach Boulevard to 0.2 miles North of
rginia Beach Boulevard and frorn 0.2 miles North of Virginia Beach . ;@ L,
Boulevard to 0.1 miles North Baker Road designated as Highway Project
vi
uOOO-134-107, iu2O3, iu2O4; and
WHEREAS, the City Council is responsible for rmking arrang@ts for the
adjus@nt and/or relocation of certain utilities and for the installation of
any new facilities;
NOW, M, BE IT PESOLVED, that the City Council of Virginia Beach
hereby certifies that all arrangements have been mde or will be nade for the
relocation and/or adjustnent of said utility facilities, and for the instal-
lation of any new facilities. Tn the event of any justifiable claims frcxn the
road contractor for delays or interference caused by said utilities, the
City of Virginia Beach hereby agrees to be resoonsible for said clainis, provide
it way legally do so and further provided that the City is advised in writing
by the Highway Departuent at the tim of delay that the road contractor
intends to file a claim.
Said utilities are identified as follows:
Utility Owner Type of Facility
Virginia Electric and Power C y Electrical
The Ches@ake and Potcniac Telephone
C y of Virginia cation
City of Virginia Beach Water and Sewer
A copy teste:
Clerk @yor
City of Virginia Beach
AnVI-@OVED AS TO COMTEt:rl
(Z47-1t)
- 2 0 -
ITEM II-F.4 ITEM #19319
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizing a 35' x 40'
addition to the west side of an existing convenience store
and self-service gas station at 1240 Sandbridge Road as per
the request of Mrs. Margaret L. Blanton. Location is zoned
AG-2 Agricultural District which makes the use nonconforming.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 2 1 -
At a meeting of the Council of the City of vircrinia
Beach, Virginia, was held in the Council Chambers, in the
City Fall Building, on the 10 day of January , 1983.
On motion by Councilm,, B@m and seconded by C,@,,ilwoman
.Oberndorf the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Marqaret L. Blanton and Thomas James Blanton
desire to enlarge their convenience store/qas station located at
1240 Sandbridge Road, Virginia Beach, Virginia, shown on the
attached survey; and
WHEREAS, the present use and existinq structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because convenience stores/gas stations are not allowed in the
AG-2, Agricultural District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforminq use and the enlarqement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are eauallv 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 convenience store/gas station located at 1204
Sandbridge Road, 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 the nonconforminq structure in the manner
shown on the attached survey.
Adopted by the Council of the City of Virginia Beach,
Virginia, on - January 10, 1983
CMS/CJ/da
12/22/82
(1)
1/10/83
2 2 -
SURVEYEC
THIS IS TO CERTIFY THAT 1. ON
'rHE PROPERTY SHOWN ON 'RHIS -LAr AND 'RH'AT rHr TITLE LINES Apc) rmE WALLs or THE
BUILDINGS ARE SHOWN ON THIS PLAT
'rHE BUILDINGS STAND STRICTLY WITHIN THE TITLC T.'NES AND -RHERE @RE NC
ENCROACHMENTS OF OTHER 13UILC)INGS N
ON '[HE PROPE-RTY EXCEPT AS SHOW
-SIGNED
E4
Ln
0 in
-S u IL-Y
c, r
WILFRED P. LAPGE
- 2 3 -
ITEM II-F.5 ITEM #19320
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance authorizing the City Manager
to execute a Deed releasing 5 feet of a 20-foot drainage Easement
on property of B. G. Construction Corporation.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
-2 4 -
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO EXECUTE A DEED
RELEASING 5 FEET OF A 20 FOOT
DRAINAGE EASEMENT ON PROPERTY OF
B. G. CONSTRUCTION CORPORATION
WHEREAS, B. G. Construction Corporation has requested that
the City of Virginia Beach release its interest in the northern-
most 5 feet of the "EXIST. 20' DRAIN. EASM'T. (MB 157, PG 53)"
across Lot 2, as shown on the attached plat entitled "AMMENDED
(sic) PLAT OF LOT 2, BLOCK J, GREAT NECK MEADOWS, SECT. 3, PART
1A (M.B. 157, P. 53), LYNNHAVEN BOROUGH, VIRGINIA BCH. VA.,
SCALE: 1" = 40', DATE 11/5/82 FOR: B. G. CONST. CORP.," a copy
of which is attached hereto and made a part hereof; and
WHEREAS, it has been determined by the Department of Public
Works that the remaining 15 feet of the aforesaid drainage ease7
ment will be sufficient for the purpose for which it was created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the City Manager is hereby authorized to execute a
deed, between the City of Virginia Beach, Virginia, and B. G.
Construction Corporation, releasing the City's interest in the
northernmost 5 feet of the "EXIST. 201 DRAIN. EASEM'T.," desig-
nated as "51 OF.EXIST. 20' DRAIN. EASEM'T. HEREBY VACATED" across
Lot 2, as shown on the attached plat.
Adopted by the Council of the City of Virginia Beach, Virginia,
on January 10, 1983
CMS/Ci
A-20
1/3/83
1/4/83
D@PARTME,\T
CITY ATTC,@@"!@y
- 2 5 -
ITEM II-F.6 ITEM #19321
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance appointing Viewers in the
Petition of Claude P. Brownley II, Tren L. Brownley, and
Bernice Leonard for the closure of a portion of an alley
adjoining Lots 77, 76, 95 and 96, The Hollies, between
Myrtle Avenue and Atlantic Avenue, in the Virginia Beach
Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
2 6 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Claud P. Brownley, III, Tren L. Brownley and
Bernice Leonard, has 4iven due and proper notice, in accordance
with the statutes for such cases made and provided that they
will on the 10th day of January, 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 portion of that
certain alley of variable width, and has filed such application
with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and David M. Grochmal
are hereby apointed to view the below-described property and
report in writing to the Council on or before
1 1982, whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and
vacating of a portion of that alley of variable width located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
Beginning at a point in the northeastern corner
of Lot 76 as shown on "Plat of the Hollies Tract,
made by Thomas M. Hodges or the Collins heirs,
recorded in Deed Book 57, at Page 417 and in Map
Book 6, at Page 107, both in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach", thence in a northerly direction 1S feet
in and along the western side of Atlantic Avenue
across a 15 foot alley to the southeast corner of
Lot 95; thence in a westerly direction along the
southern boundary line of Lot 95 and Lot 96, 80
feet to a point, in the southwestern corner of
Lot 96, which said point is on the eastern line
of Myrtle Avenue; thence in a southerly direction
along the eastern line of Myrtle Avenue across
said 15 foot alley to a point in the northwest
corner of Lot 77 as shown on the aforesaid plat;
thence in an easterly direction along the
H.NSON, northern boundary line of said Lots 77 and 76, 80
S-ILINGS feet to the point of beginning.
AND
PIC.A.DSON
2 7 -
All of the above as shown upon that certain plat
entitled, "Plat Showing 15 foot Alley Adjoining Lots 76, 77, 95
and 96, The Hollies, proposed to be closed between Myrtle Avenue
and Atlantic Avenue, Virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed alley.
Adopted by the Council.of the City of Virginia Beach, Virginia,
on the Tenth day of January, 1983
.6.'.3?P,CWD AS TO CONTENT
SIGNATURE
[)'PARTMENT
HANSON.
ST.LLINGS
ANO
RICH.RDSON
@l..INIA
2 8 -
ITEM II-F.7 ITEM #19322
The following bids were received for the lease/purchase of a new
aluminum body fire truck:
Atlas Fire Apparatus
Bid One $60,831.57
Bid Two $66,931.57
Grumman Emergency
Products, Inc. $61,536.00
Emergency One* $69,000.00
American LaFrance
Corporation $70,198.00
*Offered an aluminum tank AND BODY
The Finance Department has bid the lease/purchase arrangement
and received the following bids:
Southern National Leasing
Corporation 10.48%
First Union Leasing Group 11.55%
Union Tidewater Financing
Company 12.50%
GELCO Equipment Leasing
Company 12.92%
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of Emergency One in the amount of $69,000
for one fire truck and authorized the City Manager to enter into
the necessary financial agreements with Southern National Leasing
Corporation to acquire the fire truck through lease/purchase at
an annual percentage rate of 10.48%.
2 9 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 30 -
ITEM II-F.7 ITEM #19323
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Raffle Permit for Lambda Gamma Omega Chapter of
Alpha Kappa Alpha Sorority.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 3 1-
P L A N N I N G A G E N D A
ITEM II-G.5 ITEM #19324
THIS ITEM WAS BROUGHT FORWARD
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Jones,
City Council voted to DEFER UNTIL FEBRUARY 7, 1983, the applications
of R. C. MOORE for Changes of Zoning District Classification as per
the following:
Ordinance upon application of R. G. Moore for a Change of
Zoning District Classification from R-4 Residential
District to 0-1 Office District on certain property located
on the East side of First Colonial Road beginning at a point
250 feet South of Wildwood Drive, running a distance of 1633.08
feet along the East side of First Colonial Road, running a
distance of 524.84 feet along the Southern property line,
running a distance of 303.57 feet in a Northerly direction,
running a distance of 282.12 feet in a Westerly direction,
running a distance of 1419.79 feet along the Eastern property
line, running a distance of 35.52 feet in a Westerly direction,
running a distance of 93.88 feet in a Southerly direction and
running a distance of 189.65 feet in a Westerly direction.
Said parcel contains 11.2 acres. LYNNHAVEN BOROUGH.
Ordinance upon application of R. G. @loore for a Change of
Zoning District Classification from R-4 Residential District
to A-2 Apartment District on certain property located 170.13
feet South of Wildwood Drive beginning at a point 150.11
feet West of Lindsley Drive, running a distance of 2171.51
feet along the Eastern property line, running a distance of
321.08 feet along the Southern property line, running a
distance of 703.45 feet in a Northerly direction, running a
distance of 282.12 feet in a Westerly direction, running a
distance of 1419.79 feet along the Western property line and
running a distance of 520.76 feet along the Northern property
line. Said parcel contains 23.8 acres. LYNNHAVEN BOROUGH.
3 2 -
Voting: 10 -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, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
*COUNCILMAN HEISCHOBER VOICED A VERBAL "AYE"
- 3 3 -
ITEM II-G.1 ITEM #19325
Sharon Gagnon appeared in behalf of her application
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of SHARON GAGNON for a
Conditional Use Permit as per the following subject to the deletion
of the wording of condition numb6r two (2) and inclusion of the
following:
2. Applicant must comply with Section 229 of
the Comprehensive Zoning Ordinance
ORDINANCE UPON APPLICATION OF SHARON GAGNON R0183511
FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (BABYSITTING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Sharon Gagnon for a Conditional
Use Permit for a home occupation (babysitting) on property
located at the Northeast corner of Silina Drive and Corvette
Lane on Lot 13, Block 34, Princess Anne Plaza, Section 7.
Said parcel is located at 3232 Silina Drive and contains
8998 square feet. LYNNHAVEN BOROUGH.
As conditions of the use permit, the following are required:
1. Limited to a maximum of ten (10) children.
4r, -f@-a t-wo- -(2)- @-ar-P,.
2. Applicant must comply with Section 229 of the
Comprehensive Zoning Ordinance.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of January, 1983.
3 4 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
- 3 5 -
ITEM II-G.2 ITEM #19326
Attorney Robert B. Cromwell, Jr., represented the applicant
Commander Curtin, Naval Air Station-Oceana, spoke on this
matter
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of
WILLIAM D. WRIGHT, DOUGLAS J. ROSS AND LOUIS LUCENTE, TRUSTEES
FOR OPEN DOOR CHAPEL, for a Change of Zoning District Classifi-
cation as per the following:
ORDINANCE UPON APPLICATION OF WILLIAM D. Z0183691
WRIGHT, DOUGLAS J. ROSS AND LOUIS LUCENTE,
TRUSTEES FOR OPEN DOOR CHAPEL, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT TO
A-2 APARTMENT DISTRICT
BE IT ORDATNED BY THE COUNCIL OF THE CITY OF VTRGINIA
BEACH, VIRGINIA:
Ordinance upon application of William D. Wright, Douglas J.
Ross and Louis Lucente, Trustees for Open Door Chapel, for
a Change of Zoning District Classification from B-2
Community-Business District to A-2 Apartment District on
certain property located on the East side of Groveland Road
beginning at a point 380 feet more or less South of Virginia
Beach Boulevard, running a distance of 463.89 feet along the
East side of Groveland Road, running a distance of 1324.04
feet along the Southern property line, running a distance of
450 feet in a Northerly direction, running a distance of 550
feet in a Westerly direction, running a distance of 650 feet
in a Northerly direction, running a distance of 325 feet in
a Westerly direction, running a distance of 64.5 feet in a
Southerly direction and running a distance of 506.70 feet in
a Southwesterly direction. Said parcel contains 21 acres
more or less. LYNNHAVEN BOROUGH.
During further review of the development plans for this project,
the following may be required by the staff:
1. Standard improvements as required by the Site Plan.
2. City water and sewer.
3. On-site retention of storm water may be required since
it appears that the present drainage system in the
immediate area cannot handle the generated runoff from
this project.
4. Groveland Park may need to be upgraded from the site to
Virginia Beacb Boulevard. In addition, a second point
of access to the site should be provided.
- 36 -
It is agreed that the following condition will be met:
1. Approval of this request excludes the northern .4
acre known as Parcel A and recorded in Map Book 90,
Page 15.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of January, 1983.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 3 7 -
TTEM 11-G.3 ITEM #19328
COUNCTLMAN McCOY LEFT COUNCIL CHAMBERS
Attorney Donald H. Rhodes represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of S
& S ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, for a Change
of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF S & S ENTERPRISES, Z0183692
A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-
BUSTNESS DISTRICT TO I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of S & S Enterprises, a Virginia
General Partnership, for a Change of Zoning District Classifi-
cation from B-2 Community-@usiness District to 1-1 Light
Industrial District on property located on the East side of
Butternut Lane, 195.34 feet South of Bonney Road on Lots I
and 2, Block B, Rosemont. Said parcel contains 7,000 square
feet. LYNNHAVEN BOROUGH.
During review of the development plans for this project, the
following may be required by the staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Prior to the change on the official zoning maps, the following
condition will be met:
1. Resubdivision of the property and vacation of existing lot
lines in order to incorporate these parcels into adjacent
property to the south in order to meet the minimum require-
ments of the I-I zoning district, as well as to avoid the
creation of nonconforming lots.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of January, 1983.
3 8 -
Voting: 9 - 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, Reba
S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III, and J. Henry McCoy, Jr.,
D.D.S.
- 3 9 -
ITEM II-G.4 ITEM #19329
COUNCILMAN McCOY RETURNED TO COUNCIL CHAMBERS
Attorney Grover C. Wright, Jr., represented the applicant
Commander Curtin, Naval Air Station-Oceana, spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
HUDGINS AND ASSOCIATES, INC., for a Change of Zoning District
Classification as per the following:
ORDINANCE UPON APPLICATION OF HUDGINS AND Z0183693
ASSOCIATES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL
DISTRICT TO A-1 APARTMENT DISTRICT (MODIFIED
FROM A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Hudgins and Associates,
Inc., for a Change of Zoning District Classification
from R-5 Residential District to A-1 Apartment District
(modified from A-3 Apartment District) on certain pro-
perty located 460 feet more or less East of Birdneck
Road beginning at a point 900 feet more or less North
of Owls Creek Lane, running a distance of 1824.71 feet
along the Southern property line, running a distance of
251.40 feet in a Northeasterly direction, running a
distance of 93 feet in an Easterly direction, running a
distance of 1900 feet more or less along the Northern
property line and running a distance of 350 feet more
or less along the Western property line. Said parcel
contains 15.138 acres. LYNNHAVEN BOROUGH.
During further review of the development plans for this
project, the following may be required by the Staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. The existing 40-foot right-of-way off Birdneck
Road should be improved to acceptable City
standards from Birdneck Road to the site.
4. Tlie developer should be responsible for all costs
necessary to construct a left-turn lane on Birdneck
Road at the 40-foot right-of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of January, 1983.
- 40 -
Voting: 7 - 3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
Vice Mayor Barbara M. Henley, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
W. H. Kitchin, III
- 4 1 -
0 R D I N A N C E S
ITEM II-H.1 ITEM #19330
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager to approve the request of Councilman Heischober
and ADOPT the Ordinance to amend and reordain Section 2-20 of the
Code of the City of Virginia Beach relating to the time and place
of Regular Council Meetings.*
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitcbin, III
*Mayor Jones appointed Councilman Heischober and Vice Mayor
Henley to work with the City Manager to ascertain the Date,
Time and Place for the Public Hearing of the 1983-1984 FY
Operating Budget.
-4 2 -
Requested by: Councilmember Harold Heischober
AN ORDINANCE TO AIEND AND REORDAIN
SECTION 2-20 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING
TO THE TIME AND PLACE OF REGULAR
COUiNCIL BEETINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Sec. 2-20. Regular meetings generally-When and where held.
Regular meetings of the council shall be held in the
Administration Building, Municipal Center, Virginia Beach,
Virginia, on the first, second and third Mondays at 12:30 p.m.
and on the fourth Monday of each month at 5:30 p.m., unless
such date shall fall upon a legal holiday, in which case the
meeting will be held on the next succeeding day which is not
a holiday and at the same hour, except as otherwise provided
by special resolution of the council. However, in July of each
year, there shall be regular meetings only on the first two (2)
Mondays of the month.
To accommodate citizen participation in public hearings,
the council may by resolution convene any council meeting at such
public facility in the city that will in the judgment of City
Council acco=odate the citizens; provided however, that notice
shall be provided to the press by the City Manager.
This ordinance shall be effective from date of
adoption.
ADOPTED: January 10, 1983
JDB:jh
-4 3-
A P P 0 I N T M E N T S
ITEM II-I.1 ITEM #19331
Upon nomination by Councilman Jennings, City Council voted to
APPOINT the following to the OLD INCINERATOR SITE DEVELOPMENT
COMMITTEE subject to their resumes' being on file in the City
Clerk's Office:
Elizabeth Bartee Nancy K. Parker
William A. Crosby Daniel H. Proulx
Charles Elstrodt Bea Smith
H. Jack Jennings, Jr. J. Robert Stiffler
W. H. Kitchin, III Janet Werndli
George Whitfield
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
- 4 4 -
ITEM #19332
Upon motion by Councilman Heischober, seconded by Councilman Baum,
City Council voted to RECESS into EXECUTIVE SESSION (4:00) pursuant
to the exemptions from opening meetings allowed by Section 2.1-344
Code of Virginia, as amended, for discussion of Personnel and Legal
Matters after which to adjourn.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan,* J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
*COUNCILWOMAN McCLANAN VOTCED A VERBAL "AYE"
- 4 5 -
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #19333
Upon motion dul.y made and seconded City Council adjourned aL
6:00 p.m.
II.Ll Ilodg,., S@@@ l,, l@6 i4
city ,-
City of Virginia Beach,
Virginia
10 January 1983
dmh/bh