HomeMy WebLinkAboutAUGUST 11, 1980 MINUTES
A G E N D A
Virginia Beach City Council
11 August 1980
ITEM I INFORMAL SESSION: 1:00 P.M.
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Presentation by Roy B. Williamson of Loan Repayment
of Emergency Coronary Care Program.
2. Proposed Ordinance Amendrnent to Water and Sewer Line
Fees: Discussion of current rates charged residents
of garage apartments.
3. Report of Water and Sewer Connittee.
4. Report of Roads Committee.
5. Report of Mayor's Co=nittee on Strategies.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Roy R. Jackson
United Methodist Conference
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETINGS:
1. Correction to Minutes of March 5, 1973, for an item
inadvertently omitted from the typed copy, but clearly
audible on the recording.
2. Motion to accept/approve the Minutes of 14 July 1980.
3. Motion to accept/approve the Minutes of 4 August 1980.
ITEM II E. PRESENTATION:
1. Presentation of Little Miss Virginia Beach - Jennifer
Lea Mohap - daughter of Mr. and Mrs. Frank J. Mohap, Jr.
F. PROCLAMATIONS/RESOLUTIONS:
1. Proclamation proclaiming December 5, 1980 as "I Love
America Day".
2. Resolution requesting additional "primary extensions"
from the State Highway and Transportation Commission.
G. PUBLIC HEARING:
1. Establishment of New Voting Places within the City of
Virginia Beach.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the 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
the Consent Agenda and considered separately.
1. A Resolution calling for an Advisory Referendum as
required by Section 3.09 of the Charter of the City
of Virginia Reach.
2. Resolution requested by the City Attorney for autho-
rization to seek an appeal to the Supreme Court of
Virginia in the case of National Pride Equipment
Incorporated.
3. Resolution certifying arrangements for the adjustment
and/or relocation of utility facilities and the
installation of any new facilities for the construc-
tion and improvement of Oceana Boulevard at the
entrance to Oceana Naval Air Station.
4. Resolution authorizing the City Manager to execute a
deed conveying an easement to C & P Telephone Company
of Virginia for the installation and maintenance of
underground cable and other appurtenances on the
property used by the Kempsville Branch Library.
5. ordinance to amend and reordain Section 22-91 of the
code of the City of Virginia Beach relating to reckless
driving.
6. ordinance to amend Section 2-43.4 of the Code of the
City of Virginia Beach pertaining to merit services.
ITEM II I. PLANNING ITEMS (cont'd)
2. NEW APPLICATIONS (cont'd)
b. Application of Sandra S. Archebelle for a condi-
tional use it for a home occupation (draperies)
on a .33-acre parcel located at the north side of
Partridge Drive, east of Sunnyside Drive (KemT)sville
Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
c. Application of W. W. Reasor Enterprises for a
conditional usjpermit for a mini-warehouse on a
4.553 acre parcel located on the east side of Lord
Dunmore Drive, north of Providence Road (Kempsville
Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning CoTnmission
for approval.
d. Application of S & C Company for a conditional use
- -For the elderly on a 3.390 acre
permit for hous-Eng
parcel located south of Malibu Drive, south of Alcott
Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Coinmission
for approval.
3. Subdivision Variance
a. Application of Mabel C. Brock for a variance to
Section 4.4(d) ;f-the-S division Ordinance which
requires that each lot created in a subdivision
have direct access to a public street. She wishes
to subdivide a 41.12-acre site located approxi-
mately 850 feet north of Campbell's Landing Road
and 2,580 feet east of Morris Neck Road, into two
lots.
1. Letter from the City Manager transmits the
recommendation of the Planning Conunission
for approval.
4. ORDINANCES
a. The Planning Cormnission recommends approval of the
following amendments to the Comprehensive Zoning
Ordinance pertaining to borrow pits:
1. ordinance to amend and reordain Article 1,
Section Ill of the CZO pertaining to
definition of borrow pit.
2. Ordinance to amend and reordain Article 2
of the CZO pertaining to borrow pits.
ITEM II H. CONSENT AGENDA (cont'd)
7. Ordinance to amend and reordain sections 32-4, 32-19,
32-23, 32-26, 32-28, 32-29, 32-30, 32-31, 32-33, 32-34,
32-39, 32-41, 32-42, 32-43, 32-44, 32-45 and 32-48 and
to repeal Sections 32-22, 32-24 and 32-38 of the Code
of the City of Virginia Beach pertaining to streets
and sidewalks.
S. Ordinance to a:mend Section 23-47 of the Code of the City
of Virginia Beach idertaining to the oideration of shuffle-
board or pinball machines in restaurants, etc.
9. The City Manager requests authorization to execute State-
Local Hospitalization contracts on behalf of the City of
Virginia Beach.
10. Appointment of Viewers in the application of Joseph C.
Webb, III and Angela A. Webb for the closure of a portion
of Indian Run Road (Lynnhaven Borough).
11. Request of the Commissioner of Revenue for license refunds
in the amount of $317.10.
12. Request of the City Treasurer for tax refunds in the
amount of $476.12.
I. PLANNING ITEMS:
1. RECONSIDERATIONS
a. Upon Court order, Application of Solar Wash, Inc. for
a conditional use permit for a s lf-ser7v,-ce car wash
on a 3.334-acre parcel located on the west side of
Pleasure House Road, south of Shore Drive (Bayside
Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. NEW APPLICATIONS
a. Application of Campus East Associates for a change of
zoning from R-5 Residential District to A-1 Apartment
District on a 2.289 acre parcel located at the north-
east intersection of Baker Road and Wesleyan Drive
(Proposed) (Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
fo@ denial.
ITEM II J. ORDINANCES
1. GENERAL:
a. ordinance granting a temporary encroachment into a
portion of the public beach area adjacent to the
Atlantic Ocean at 64th Street to Robert M. Smith, Jr.;
AND, an ordinance granting a temporary encroachment
into a portion of the public beach adjacent to the
Atlantic Ocean at 64th Street to Hugh G. Overstreet.
b. ordinance granting a temporary encroachment into a
portion of the right-of-way of Powhatan Avenue by the
Ocean Park Civic League, Inc.
c. Ordinance declaring certain property excess and autho-
rizing the City Manager to dispose of same;
AND, an Ordinance declaring certain pro-Perty excess and
authorizing the City Manager to dispose of same:
(each applying to Holland Road Curve).
2. CITY CODE AMENDMENTS:
a. ordinance requiring real estate and financial disclosure
for certain elected and appointed officials and employ-
ees of the City of Virginia Beach.
b. ordinance to amend Section 13-1 of the Code of the City
of Virginia Beach to establish new voting places within
the Capps Shop and Woodstock precinct.
3. APPROPRIATIONS:
a. Second Readings:
1. Ordinance, on second reading, to appropriate $25,300
for the purchase of ten voting machines.
2. ordinance to appropriate, on second reading, funds
in the amount of $96,439, for the FY 81 operation
of the Virginia Beach visitor's Bureau Information
Center and to establish positions therefore.
3. ordinance to appropriate, on second reading, funds
in the amount of $10,000, for the advertising cost
and increase estimated revenues from Recreation
class fees by a like amount to the Department of
Parks and Recreation.
b. First Readings:
1. Ordinance, on first reading, to increase @he advance
from the General Fund to the City Garage Internal
Service Fund by $45,000.
ITEM II I. PIANNING ITEMS (cont'd)
4. Ordinances (cont'd)
a. The Planning Commission reco-mmends approval of
the following amendinents to the Comprehensive
Zoning Ordinance pertaining to borrow pits:
3. ordinance to amend and reordain Article 3,
Section 30-1 of the CZO pertaining to borrow
pits.
4. Ordinance to amend and reordain Article 4,
Section 40,1 of the CZO pertaining to borrow
pits.
5. Ordinance to wnend and reordain Article 5
of the CZO pertaining to borrow pits,
Sections 501 and 581.
6. Ordinance to amend and reordain Article 6,
Section 601 of the CZO pertaining to borrow
pits.
7. Ordinance to amend and reordain Article 7,
Section 701 of the CZO pertaining to borrow
pits.
8. Ordinance to amend and reordain Article 8,
Section 801 of the CZO pertaining to borrow
pits.
9. Ordinance to amend and reordain Article 9,
Section 911 of the CZO pertaining to borrow
pits.
10. Ordinance to amend and reordain Article 10
of the CZO pertaining to borrow pits, Sections
1001 and 1011.
b. Application of Patricia Lunger and Geneva Brown for
the petition f r the cl@sure of a Portion of Sand
Pine Road (Lynnhaven Borough). This matter was
Tefe re@d for 30 days on June 9, 1980, and until
today July 14, 1980.
1. Letter from the City Manager transmitting the
recommendation of the Planning Cormnission and
the Viewers for denial.
c. Application of Manford A. Sonstegard for the petition
for the closur of an @named street in the Bayside
Borough. 1. parcel is loca ed south of the inter-
section of Sea View Avenue and Lee Avenue and con-
sists of a 30-foot unimproved right-of-way.
1. Letter from the City Manager transmitting the
recommendation of the Planning Cormission and
the Viewers for denial.
ITEM II J. ORDINANCES (cont'd)
3. APPROPRIATIONS (cont'd)
b. FirSt Readings (cont'd)
2. ordinance,on first reading, to appropriate
$3,124,853 for FY 1981 for the payment of
purchase orders brought forward for Fiscal 1980.
3. ordinance, on first reading, to appropriate
$180,306 for additional positions and related
appropriations to the Department of social
Services.
C. Low Bids:
1. Low bid of Suburban Grading & Utilities, Inc.
in the amount of $151,020.60, for the construc-
tion of the Salem Road Bridge replacement;
AND, authorize the City Manager to enter into
the necessary agreements to implement this
project.
K. APPOINTMENTS TO BOARDS/COMMISSIONS:
1. Citizens Advisory Comittee
2. Virginia Beach Development Authority
3. Co=nunity Mental Health and Mental Retardation Services
Board
4. Military Liaison Committee
5. Wetlands Board
6. Mosquito Control Commission
L. OLD BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
11 August 1980
The regular meeting of !he Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the
Conference Room, Administration Building, on Monday, 11 August 1980,
at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #15407
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, or employees of any public body.
(Personnel Matters).
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property. (Acquisition, use or disposition of
publicly held property).
3. Investing of public funds where competition
or bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected. (Financial
Matters).
4. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body. (Legal Matters).
8/1 1/ 8.
2 -
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/8
- 3-
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15408
Mayor McCoy advised Council that when he appointed the Water and
Sewer Committee (4 August 1980), he inadvertently omitted the
name of Garland Isdell.
ITEM #15409
Mayor McCoy advised Council that the travel vouchers of Council
Members are presenting a problem as to the way they are being
completed, and suggested Council turn the vouchers into the
Mayor's Office to be typed and forwarded to the Finance Department.
ITEM #15410
Councilman Holland suggested City departments "cut down" on the
amount of information they place before Council Members during
the meetings, and suggested one copy be made and any Council
Member who wished could study that particular copy.
ITEM #15411
Mayor McCoy reminded Council of the "Walk to False Cape State Park"
Saturday, 16 August 1980, at 10:00 a.m.
I N F 0 R M A L A G E N D A
ITEM #15412
City Manager advised Council that the Water and Sewer Committee met 8/7/80
for approximately four (4) hours to consider forwarding recommendations
to Council concerning the referendum for water and sewer.
The City Manager further advised Council that the Committee will be
presenting their recommendations at a later date.
ITEM #15413
Mr. Roy P. Williamson, President, Council of Virginia Beach
Volunteer Rescue Squads, Inc., appeared before Council during
the INFORMAL SESSION to present the City with a check for $5,000,
which is final payment of a $45,000 loan for a Emergency Coronary
Care Program.
A copy of Mr. Williamson's letter will be made a part of these
proceedings.
8/11/8
4 -
ITEM #15414
The City Manager advised Council he will be forwarding to Council an
Ordinance concerning an amendment to the water and sewer line fees
for garage apartments.
Mr. Aubrey V. Watts, Jr., Director of Public Utilities, appeared
before Council in the INFORMAL SESSION to discuss this matter.
ITEM #15415
Mayor McCoy advised Council the Mayor's Committee on Strategies
("Road" Committee), met to discuss the possibility of "tearing
down" some road projects in increments of $15,000,000 to $20,000,000;
also, the need to advise the citizens of Virginia Beach if there will
be a tax increase if Council decided to "tear down" the projects in
increments.
ITEM #15416
The City Manager advised Council he had received several calls from
residents in the Cove Point section of the City concerning the painting
the name Virginia Beach on the City water towers.
It was the consensus of Council to discontinue painting the name
Virginia Beach on the City's water towers
Co uncil rece s se d into the EXE CUT IVE SESS ION (I : 45 p m) for brief ing
prior to the FORMAL SESSION of City Council.
8 /11 / 8
- 5-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
11 August 1980
2:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Roy R. Jackson, United Methodist Conference.
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM #15417
Upon motion by Councilman Standing. seconded by Councilman Holland,
City Council voted to APPROVE a CORRECTION to the Minutes of March 5,
1973, for an item inadvertently omitted from the typed copy, but
clearly audible on the recording. (ITEM #1560(a))
Voting: 11-0
8 /11 / 8-
-6 -
Council Member.s Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
COUNCILMAN ERVIN VOICED A "VERBAL" AYE.
7-
ITEM #15418
Upon motion by Councilman Standing, seconded by Councilwoman oberndorf,
City Council voted to APPROVE the Minutes of the Regular Meeting of
14 July 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
8-
ITEM #15419
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to APPROVE, with a CORRECTION, the Minutes of 4 August
1 9 80 .
ITEM #15395 - 4tidge Edwin C. Kellam
Voting; 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent;
None
8/11/80
ITEM #15420
Mayor McCoy presented Jennifer Lea Mohap, Little Miss Virginia Beach,
the Seal of the City of Virginia Beach.
ITEM II-F.1 ITEM #15421
P R 0 C L A M A T I 0 N
WHEREAS, in recent transgressions against the United States and of
unrest and strife throughout the world, a crisis is more
evident than ever before; and,
WHEREAS, Americans have united in a common bond of concern and
patriotism not seen since World War II; and,
WHEREAS, freedom is Americans' most precious possession and
privilege not experienced by the peoples of many
countries of the world, but sought after by all; and,
WHEREAS, to show his appreciation for his Country, on December 5,
1979, former City Councilman Buddy Riggs chartered an
airplane to pull a banner that proclaimed "I love America,"
an act of patriotism which received national recognition
and praise from all Tidewater residents who saw and stopped
to wave and cheer.
NOW, THEREFORE, 1, J. Henry McCoy, Jr., Mayor of the City of Virginia
Beach, Virginia, do hereby proclaim Friday, December 5, 1980,
a s
I LOVE AMERICA DAY
in Virginia Beach and urge our citizens, all organizations
and our sister cities to join in this observance in
celebration that we are Americans and we're proud of it!
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the City of Virginia Beach to be affixed this Eleventh
day of August, in the year of our Lord, One Thousand
Nineteen Hundred and Eighty.
J. Henry McCoy, Jr., D.D.S.
Mayor
8/11/80
-10-
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Proclamation proclaiming December 5,
1980, as I LOVE AMERICA DAY.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
Mr. Riggs appeared before Council to express his appreciation for
the proclamation.
8/11/80
-11-
R E S 0 L U T I 0 N
ITEM II-F. 2 ITEM #15422
Requested by: City Manager
R E S 0 L U T I 0 N
WHEREAS, the State Highway and Transportation Commission
has amended Sections 33.1-41 and 33.1-43 of the Code of Virginia,
concerning maintenance payments to towns and cities for maintenance
of streets and roads; and,
WHEREAS, this amendment allows for the addition of
"Primary Extension" mileage within towns and cities having streets
and roads complying with certain condiions and criteria; and,
WHEREAS, the City of Virginia Beach has streets and roads
complying with the conditions and criteria established for the
addition of "Primary Extensions".
NOW, THEREFORE, BE IT RESOLVED, by the Council of the
City of Virginia Beach, that the City requests the State Highway and
Transportation Commission to accept First Colonial Road from Great
Neck Road to Virginia Beach Boulevard; Providence Road from Military
Highway to Kempsville Road; Indian River Road from Military Highway
to Kempsville Road; Holland Road from Route 44 to Princess Anne Road;
Rosemont Road from Virginia Beach Boulevard to Holland Road; Newtown/
Haygood Road from Virginia Beach Boulevard to Independence Boulevard;
Lynnhaven Parkway from North Lynnhaven Road to Princess Anne Road; and,
Oceana Boulevard from Virginia Beach Boulevard to Princess Anne Road,
as "Primary Extensions" and begin maintenance payments to the City
retroactive to July 1, 1980.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August, 1980.
8/11/8Q
1 2-
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution requesting additional "Primary Extensions" from
the State Highway and Transportation Commission.
Voting: 11-0
Council Members Voting Aye-.
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 1 3-
P U B L I C H E A R I N G
ITEM II-G.1 ITEM #15423
A Public Hearing was held regarding the establishment of New Voting
Places within the City of Virginia Beach (Capp Shop and o@odstock
Precincts).
C 0 N S E N T A G E N D A
ITEM II-H. ITEM #15424
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE 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
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the CONSENT AGENDA, with the exception
of items One, Two and Eight which will be voted on separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
8/11/80
-14
Council Members Absent:
None
ITEM II-H. 3 ITEM #15425
At a meeting of the City Council of Virginia Beach,
Virginia, held this Eleventh day of August, 1980, the following
Resolution was adopted:
WHEREAS, the Highway Department proposes to construct or
otherwise improve a section of Oceana Boulevard at Entrance to Oceana
Naval Air Station designated as Highway Project UOOO-134-116, RW-201,
C-501, C-502; and,
WHEREAS, the City Council is responsible for making
arrangements for the adjustment and/or relocation of certain
utilities and for the installation of any new facilities;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
Virginia Beach hereby certifies that all arrangements have been made
or will be made for the relocation and/or adjustment of said utility
facilities, and for the installation of any new facilities. In the
event of any justifiable claims from the road contractor for delays or
interference caused by said utilities, the City of Virginia Beach
hereby agrees to be responsible for said claims, provided it may
legally do so and further provided that the City is advised in writing
by the Highway Department at the time of delay that the road contractor
intends to file a claim.
Said utilities are identified as follows:
Utility Owner Type of Facility
The Chesapeake and Potomac Telephone Communication
Company of Virginia
Virginia Electric and Power Company Gas
Virginia Electric and Power Company Electrical
A copy teste:
Clerk Mayor, City of Virginia
Beach, Virginia
8 /11 80
-1 5-
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution certifying arrangements for the adjustments and/or
relocation of utility facilitie's and the installation of any new
facilities for the construction and improvement of Oceana Bqulevard at
the entrance to Oceana Naval Air Station.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-1 6 -
ITEM-II -H. 4 ITEM #15426
A meeting of the Council of the City of Virginia Beach
Virginia, was held in the Council Chambers, in the Administration
Building, on the Eleventh day of August, 1980.
Upon motion by Councilman Standing, seconded by Vice
Mayor Heischober, the following Resolution was adopted.
WHEREAS, the City of Virginia Beach, a municipal corporation,
is the owner of the property located at the Northeast intersection of
Kempsville Road and Lobaugh Drive, commonly known as
; and,
WHEREAS, the above described property is presently being
used by the Kempsville Branch of the Virginia Beach Public Library
System; and,
WHEREAS, the Chesapeake and Potomac Telephone Company
of Virginia desires to purchase a five (5) foot easement for the
installation and maintenance of underground cable and other
appurtenances; and,
WHEREAS, the City of Virginia Beach is willing to
grant Chesapeake and Potomac Telephone Companv of Vir@inia the
above described easement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City manager is hereby authorized to execute
the attached deed conveying an easement to the Chesapeake and
Potomac Telephone Company of Virginia for the purposes set out
therein.
Adopted by the Council of the City of Virginia Beach
Virginia, on the Eleventh day of August 1980.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Resolution authorizing the City Manager to execute
a deed conveying an easement to the C & P Telephone Company of Virginia
for the installation and maintenance of underground cable and other
appurtenances on the property used by the Kempsville Branch Library.
Voting: 11-0
1 7-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8iii/80
-1 8-
ITEM II-H.5 ITEM #15427
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-91 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO RECKLESS DRIVING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 22-91 of the Code of the City of Virginia
Beach, Virginia , is hereby amended to r@ead as follows:
Section 22-91. Driving certain vehicles in excess of eighty miles
per hour.
A person shall be guilty of reckless driving if he operates
a motor vehicle upon the highways of this City at a speed of twenty
(20) or more miles per hour in excess of the applicable maximum speed
limits prescribed in Section 22-98, paragraphs
altd-41@@e) of this Chapter, or in excess of eighty (80) miles per
hour regardless of the posted speed limit.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the - Elelventh_ day of August -1 1980.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Se6tion 22-91 of the
Code of the City of Virginia Beach, Virginia, relating to reckless
driving.
Voting: 11-0
8/11/80
1 9-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Nons
8/11/80
- 20 -
ITEM II-H.6 ITEM #15428
Requested by: Personnel Department and Pendleton Project.
AN ORDINANCE TO AMEND SECTION 2-43.4
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA PERTAINING TO MERIT SERVICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Section 2-43.4 of the Code of the City of Virginia Beach,
Virginia, is hereby amended as follows:
Section 2-43.4. Merit Service.
The merit service shall comprise all positions not specifically
recited by Section 2-43.3. The merit service shall consist of all those
employees whose employment with the City is governed by the policies,
procedures, rules and regulations of the City merit system as
established by the City Manager and executed by the Director of
Personnel through the central Personnel Office, including employees
of the Pendleton Project, The system of personnel administration for
the City is based on merit principles such as equitable compensation
policies, open competition for employment and advancement and equal
employment opportunities. Merit service employees shall be
employed, promoted, demoted, transferred, disciplined, rewarded and
dismissed solely on the basis of merit and fitness and without regard
to age, race, color, sex, religion, national origin or because of a
physical handicap which will not interfere with the adequate performance
of duties. @
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August 1 1980.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 2-43.4 of the Code of the
City of Virginia Beach pertaining to Merit Service.
Voting: 11-0
8/11/80
21 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8 /11 80
2 2-
ITEM II-H.7 ITEM #15429
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Sections 32-4, 32-19
32-23, 32-26, 32-28, 32-29, 32-30, 32-31, 32-33, 32-34, 32-39, 32-41,
32-44, 32-25, and 32-48 and to repeal Sections 32-22, 32-24, 32-38 of
the Code of the City of Virginia Beach, Virginia, pertaining to
Streets and Sidewalks.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Nons
8 11 80
Requested by C. Oral Lambert, Director -23-
Department of Public Works
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
32-4, 32-19, 32-23, 32-26, 32-28, 32-29, 32-30,
32-31, 32-33, 32-34, 32-39, 32-41, 32-42, 32-43,
32-44, 32-45 AND 32-48 AND TO REPEAL SECTIONS
32-22, 32-24 AND 32-38 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO STREETS
AND SIDEWALKS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA.CH, VIRGINIA:
That Sections 32-4, 32-19, 32-23, 32-26, 32-28, 32-29, 32-30, 32-31,
32-33, 32-34, 32-39, 32-41, 32-LI,2, 32-43, 32-44, 32-45 and 32-48 of the Code of
the City of Virainia Beach, Virginia are here@y amended and reordained as follows:
Section 32-4. Design standard for curbing, combination curb and gutter, etc.
t*p4e -p* pe- eu4 yer tsy- -.f4ared-end- seet*ens- !Re
All curbing, combination curb and qutter, endwalls and flared end sections,
constructed in the city shall be in accordance with design standards on file in the
Office of the City Engineer and rode reference to in the site plan regulation dated
November 28, 1973. Said design regulations are hereby approved by City Council.
Section 32-19. Applicaticin for per@it - Filing; contents generally.
Application for a pennit as required by this article shall be filed in
the office of the d*i-eetef-ef-stree*s-aRd-h*ghways Superintendent of Highway PerTnits
and Inspections on forms supplied by the city. Such a.Dplication shall show all
required infonnation and be signed by the api)licant or his authorized agent. An
applicant shall include in the a.oplication a description of the work to be done
and a sketch showing such work, if required by the d4reeter-e-f-stree-ts-and-h*ehwayF,
Superintendent of Highway Permits and Inspections.
Section 32-22. REPEALED
8 / 11 80
2 4 -
Section 32-23. Issuance and term of permit generally.
The d4reeter-of-stree-ts-and-@*ghways Superintendent of Hi6hway Permits
and Inspections may issue pennits as required by section 32-18.
The d4reetei--of-streets-aRd-h@g@ways, Superintendent of Highway Permits
and Inspections may prescribe a limit for the duration of a permit and may extend
the same.
Section 32-24. REPEALED
Section 32-26. Contents of permit - Generally.
Permits issued under this article shall specify the manner and the
conditions under which the permitted work shall be done.
Unless otherwise specified in the permit, every pennit issued shall be
deemed to include the following provisions:
(a) Public travel shall be protected by adequate lights,
barricades and appropriate warning signals and signs at all tim s.
For maintenance of traffic, the permit shall be accompanied with a
traffic niaintenance/control plan indicating proposed [Teasures for
adequate traffic rmintenance and such plan shall be approved by
the City Traffic Engineer.
(b) Public travel shall be blocked only in the manner and-as
specified in the permit and as depicted on the traffic maintenance/
control plan as approved by the City Traffic Engineer.
(c) Pavement shall be used for piling or storing of excavated
material or for deposit of material and the placing of equipment
only as specified in the permit.
(d) The maximum amount of ditch, trench or other excavation to
be opened at one time shall not exceed five hundred feet, including
the backfilled portion of any trench which is not in condition for
public travel, unless the d4reeter-of-stree-ts-and-@@ghways Superintendent
of Highway Pennits and Inspections finds reason for exception.
2
1 / 80
2 5-
(e) All backfilling of excavations shall be done to a
ninety-five per cent density compaction. Compaction by using water
shall not be pemitted.
(f) On pavement cuts, the pavement shall be restored to its
former diwensions, cross-section and profile, with material con-
forming to city specifications.
(g) No tree roots shall be cut to the extent of rendering the
tree unsafe and, if possible, tunneling through or under roots
instead of cutting anchor roots shall be followed.
(h) Shoulders, ditches and drainage mediums shall be left in
the same condition as found or as specified in the peytnit.
(i) The permittee agrees to repair any sinks in the backfill
or pavement occurring within one year after the work done under the
permit is completed.
(j ) If entrances to adjacent property are affected, the permi ttee
shall, if practical, provide temporary facilities for safe ingress
and egress to such property.
(k) The permittee agrees to restore the street to a satisfactory
condition consistent with adjoining sections of street.
(1) The permittee agrees, by the acceptance of the pemit in
question , to indemnify, keep and hold the city free and hamless from
liability on account of injury or damage to person or property growing
out of activity authorized by the pemit whether such suit be brought
against the city, either independently or jointly with the pemittee.
(m) The pemittee agrees,. by the acceptance of the permit in
question, upon notice in writing, to remove or relocate any structure
or installation placed in, on, under or over any street if such structure
or installation interferes with the use of the street.
(n) The peymittee shall promptly report to the d4reeter-ef-stfee*s
,and-@@ghways Superintendent of Highway Pennits and Inspections when he
has completed the wo@,k authbrized under the permit.
3
8 / 1 1 / 80
26-
Section 32-28. Liability insurance or bond prerequisite to permit for cutting,
etc, paved or improved surface bf street.
Before any peytnit shall be issued pursuant to the provisions of this
articlo to any person to cut, undemine, disrupt or disturb in any manner the
paved or imp@oved surface (including shoulders, sidewalks, curbs and gutters) of
any street, evidence of contractor's public liability- insurance or a bond shall be
given by such person to indemnify, keep and.ho.1-d the city free and harmless from
liability on account of injury or damage to persons or property growing out of the
activity to be authorized by such permit in the
amount of f4f*y-thebisand-de44,3rs, three hundred thousand dollars, except that such
bond shall not be required for any person to install a private driveway across city
property where an improved or established pedestrian walkway does not exist.
Section 32-29. Issuance of permit generally.
Upon the filing of an application as provided in section 32-19, it shall
be the duty of the d@reeter-ef-street5-aRd-@ctsghways Superintendent of Highway Permits
and Inspections, Department of Public Works to ascertain that all work to be done
pursuant to the permit so applied for complies in all respects with prevailing
planning practices, appropriate construction standards and with the provisions of
this code and other ordinances of the city and the resolutions, policies and regula-
tions of the city before he shall issue any permit. The d4reetei--ef-streets-aigd
h4hways Superintendent of Highvey Permits and Inspections, Department of Public
Works shall issue a permit when such compliance is apparent or can be assured by
the terns of the permit.
Section 32-30. Issuance and term of blanket permits.
For work within the contemplation of this article and of a continuing
nature along one or more routes, only one application shall be made and only one
permit shall be required under this article. Persons whose regular course of
business requires work on, under or over, or affecting streets or the use of streets,
may be granted a blanket permit for such work or use. All blanket pemits shall
be accompanied by a traffic rointenance/control plan as approved by the city
traffic engineer. Such blanket permits shall be for not more than one year's
duration.
4
8 /i 180
2 7 -
Section 32-31. Inspection, etc., of mrk done pursuant to permit.
The d@ree*ei--of-streets-aiqd-h4hways Superintendent of Highway Permits
and Inspections shall conduct such inspections as may be necessary to assure that
the work being done and completed conforms to the pennit issued therefor under the
provisions of this article. When the holder of a permit issued under the provisions
of this article reports hork done pursuant to such permit eemp;e#ed,. the-d@ree*er-ef
streets-and-htghwayg Superintendent of Highway Permits and Inspections shall inspect
the work and advise such pennittee of his approva,l or disapproval of such work so
inspected.
Section 32-33. Notice when mrk is not in accordance with permit.
If, the work done
or being done pursuant to a pernit issued under the provisions of this article has
not been done or is not being done in accordance with the permit therefor, or a street
is not left in satisfactory condition, notice shall be given the permittee in question
and such permittee shall haye-a-peasenab;e-t*ffle-te-eerreet-the-saffle correct same when
deemed necessary as follows:
(a) When there is a direct violation of hiqhway specifications:
(b) When work does not comply with conditionsof pertnit, in which case,
the permittee shall be given ten (10) days, upon receipt of a certified
letter, to correct same.
Section 32@34. Correction of work not in accordance with per-mit, etc.
Upon the receipt of a notice given as provided in section 32-33, should
the permittee in question refuse or fail to correct the condition referred to
in such notice within a reasonable time, the d4reeter-of-stpeets-and-h4ghways Superin-
tendent of Highway Per-rnits and Inspections shall cancel the permit in question and
cause the necessary work to be done, deducting the cost thereof from the guarantee
fee; provided that where a bond has been given in lieu of a guarantee fee, pursuant
to section 32-45 appropriate proceedings shall be carried out to recover the cost
thereof. Where a bond or guarantee fee is not required by this article, the cost of
correcting any defective mrk shall be recovered through legal means. When the city
5
8 /11 / 80
2 8-
has to intervene and correct or make safe any, situation that threatens public
liability, a twenty-five percent administrative fee will be added to the cost
of repairing same by means stated in this article.
Section 32-38. Repealed.
Section 32-39. Mail and newspaper boxes.
Mail and newspaper boxes may be placed in the streets without obtaining,
under the provisions of this article, a permit therefor; provided, all such boxes
shall be so located as not to interfere with or endanger public travel or maintenance
on such streets. Mailboxes and newspaper boxes shall be placed within the limits of the
property frontage of the addressfor whichitisto be used. Any-sueh-@x-se-@Beated
and-h*ghways. Any such box so located or so sized as to interfere with or endanger
public travel or create a visibility obstruction for public travel or maintenance
on such streets shall be moved to an approved location upon reasonable notice from
the Superintendent of Iiighway Permits and Inspections. Failure to remove such boxes
after such notice has been given shall constitute a misdemeanor.
Section 32-41. Cutting, etc., trees or shrubs.
The cutting, trimming or spraying of trees or shrubs on any street under
this article shall be pemitted only when fully justified in the public interest and
then only in a manner prescribed in the permit issued therefor as diylected by the
City Arborist ot the Superintendent of Landscape Services. Any bush, shrub, tree,
vege@tion, fence, wall, bem, landscape screening, etc., which obscures, hinders,
or creates a visibility obstruction for vehicles entering a street from another
street or from a driveway shall be trimrmd, relocated, adjusted or removed, which-
ever action is deemed appropriate or necessary for traffic safety by the Traffic
Engineer's Office. For failure to remove, trim, relocate or adjust said item within
fourteen (14) days of written notice from the City Traffic Engineer, the city will
cause such work to be accomplished at the expense of the owner in question.
6
8 /11 / 80
2 9-
Section 32-42. Restoration of paved or improved street surface when permit
was not required for disturbance thereof.
Whenever any person disrupts or disturbs the paved or improved surface
of any street used primarily for public travel and a permit therefor is not required
by this article, such person shall notify the d@reeter-of-streets-aRd-h4ghways
Superintendent of Highway Pemits and Inspections when the paved or improved surface
shall be restored. The city may restore the paved or improved section and shall
render to such person a statement of its costs. Suc@ person shall reimburse the
city for its costs in such restoration.
Section 32-43. Signs, lights and barricades when work tends to affect use
of street.
Whenever any person performs any vnrk which might tend to affect the use
of any street, whether or not a pennit therefor is required by this article, appro-
priate warning signs, lights, barricades or other measures taken shall be in such
manner as to give effective notice and protect the public.
Whenever any such work within any street will affect traffic or public
travel, a traffic ueintenance/control plan is to be submitted and approved by the
City Traffic Engineer. This plan shall contain all necessary items, traffic control
devices, signing, as well as construction sequence to adequately maintain traffic
through and/or around the work area.
Section 32-44. Payment prerequisite to issuance of permit.
Whenever, as provided in this article, an inspection or guarantee fee
is required, such fees shall be paid before the d@reeter-of-s;treets-&nd-h4gi4ways-
Superintendent of Highway Permits and shall issue a pemit under the
provisions of this article.
Section 32-45. Bond in lieu of guarantee fee.
A bond may be accepted by the 44Feetei,-ef-streets-amd-h@ghways Superin-
tendent of Hiqhvay Permits and Inspections in lieu of a guarantee fee under this
article.
Section 32-48. Return of guarantee fee upon completion, etc., of work.
Whenever work done pursuant to a pennit provided for in this article
7
8/11 8(
30 -
is completed and approved by the d@reeter-ef-streets-aRd-h*ghways
of Highway Permits and Inspections, or the city has made the necessary corrections,
the d4reetep-of-rtreets-and-h@g@ways Superintendent of Highway Pemits and Inspections
shall return the guarantee fee, after deducting therefrom the inspection fee and such
other deductions as are provided for in this article, to the pertnittee.
Adopted by the Council of the City of Virginia Beach, Virginia on the
t. b day of Au$Zus t 1980.
APPROVED AS TO,CONTENTS
CITY AT
MTS:kg
3/10/80
8 1 1 80
3 1 -
ITEM II-H. 9 ITEM #15430
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE State-Local Hospitalization contracts; and, further
authorized the City Manager to execute the contracts on behalf of
the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 3 2-
1979-1980 1980-1981
Bayside Hospital $ 1 4 9. 6 1 $ 1 7 4. 4 3
Chesapeake General Hospital 161.98 185.43
Childrens' Hospital of the
Kings Daughters 190.11 223.54
DePaul Hospital 1 71 . 24 1 9 5. 21
General Hospital of Virginia
Beach 168.80 190.79
Hampton General Hospital 1 4 5. 7 7 1 5 9. 3 1
Lake Taylor City Hospital 5 9. 5 9 6 7. 0 2
Leigh Memorial Hospital 1 90 .11 2 2 3 . 5 4
Louise Obici Memorial Hospital 129.04 145.08
Maryview Hospital 160.12 174.73
Medical College of Virginia 177.03 193.71
Norfolk Community Hospital 120.61 141.66
Norfolk General Hospital 1 90 . I 1 2 2 3. 5 4
Portsmouth General Hospital 149.00 173.55
Riverside Hospital 130.65 140.04
University of Virginia 177.03 193.71
Virginia Beach Department of Public
Health (clinic) 1 5. 0 0 e a . 15.00 ea.
All clinic and emergency room rates
are 15.00 ea. 15.00 ea.
ITEM II-H.10 ITEM #15431
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the appointment of Viewers in the application of Joseph
C. Webb, III, and Angela A. Webb for the clos6re of a portion of
Indian Run Road, in the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf,,and Patrick L. Standing
Council Members Voting Nay:
None
8 /11 8(
3 3-
Council Members Absent:
None
IN THi MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET ENTITLED INDIAN RUN ROAD, AS SHOWN
UPON THAT PLAT ENTITLED, "PHYSICAL SURVEY,
LOT 13, BLOCK B, SUBDIVISION OF WOODHURST,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA"
WHICH PLAT IS ATTACHED HEREWITH.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners Joseph C. Webb, III and Angela A. Webb
respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the petitioner applies for
the vacating, closing and discontinuance of a portion of that
certain street, which is more specifically described as follows:
A portion of Indian Run Road as shown on a plat
entitled, "Subdivision of Woodhurst, Princess
Anne County, Virginia, January 1955" made by
Frank D. Tarrall, Jr., and Associates, Surveyors
and Engineers, Norfolk, Virginia, and recorded
in the Clerk's Office of the Circuit Court of
the City of Virginia Beach in Map Book 39, at
Page 21, and being more particularly described
as follows: Beginning at a point marked by a
pin at the Northwest corner of the intersection
of Indian Run Road and Graham Road (formerly
Linkhorn Road); thence in a Westerly direction
along Indian Run Road for a distance of 105.98
feet to a point; thence further Westerly along
Indian Run Road for a distance of 140.10 feet
to a pin; thence in a Southerly direction for
a distance of 50.14 feet to a pin on the opposite
side of Indian Run Road; thence in an Easterly
direction for a distance of 143.79 feet to a pin
on the South side of Indian Run Road; thence
continuing along Indian Run Road in an Easterly
,direction for a distance of 99.88 feet to a pin;
thence in a Northeasterly direction for a dis-
tance of 50.00 feet to the opposite side of
Indian Run Road to a pin which was the point of
beginning.
Said parcel of land being a portion of that certain street
entitled Indian Run Road, as indicated on the certain plat entitled,
8/11/80
- 34-
"Physical Survey, Lot 13, Block B, Subdivision of Woodhurst, Lynnhaven
Borough, Virginia Beach, Virginia," which plat is attached hereto and
made a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said street;
and, the petitioner prays that this Honorable Council appoint Viewers
as provided by law to view said platted street proposed to be closed
and to report in writing to the Council on or before the Second day
of September, 1980, as to whether, in the opinion of said Viewers,
what inconvenience, if any, would result from the discontinuance and
closing of this portion of said street, as herein reported and
described.
3. That on the Twenty-Fourth day of July, 1980, Notice of
the presenting of this Application was posted at the Courthouse of
the Circuit Court of the City of Virginia Beach, Virginia, on the
premises to be closed, and at the City Hall Annex, Nineteenth Street
and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the
Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioner and the City of Virginia Beach are
fee simple owners of all land along and adjacent to and affected by
said portion of the platted street to be closed.
Respectfully submitted,
JOSEPH C. WEBB, III, AND
ANGELA A. WEBB
Angela A. Webb Joseph C. Webb, III
8/11/80
- 3 5-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Joseph C. Webb, III, and Angela A. Webb, have
given due and proper notice, in accordance with the Statutes for
such cases made and provided that they will, on the Eleventh day
of August, 1980, 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 hereafter described
portion of that certain street of variable width, and have 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
David M. Grochmal and
Robert J. Scott are
hereby appointed to view the below described property and report
in writing to the Council on or before September 2, 1980, whether
in their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
A portion of Indian Run Road as shown on a plat
entitled, "Subdivision of Woodhurst, Princess
Anne County, Virginia, January 1955" made by
Frank D. Tarrall, Jr., and Associates, Surveyors
and Engineers, Norfolk, Virginia, and recorded
in the Clerk's Office of the Circuit Court of
the City of Virginia Beach in Map Book 39, at
Page 21, and being more particularly described
as follows: Beginning at a point marked by a
pin at the Northwest corner of the intersection
of Indian Run Road and Graham Road (formerly
Linkhorn Road); thence in a Westerly direction
along Indian Run Road for a distance of 105.98
feet to a point; thence further Westerly along
Indian Run Road f6r a distance of 140.10 feet
to a pin; thence in a Southerly direction for
a distance of 50.14 feet to a pin on the opposite
side of Indian Run Road; thence in an Easterly
direction for a distance of 143.79 feet to a pin
on the South side of Indian Run Road; thence
continuing along Indian Run Road in an Easterly
direction for a distance of 99.88 feet to a pin;
thence in a Northeasterly direction for a dis-
tance of 50.00 feet to the opposite side of
Indian Run Road to a pin which was the point of
beginning.
8/11/80
36 -
ITEM II-H.11 ITEM #15432
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the request of the Commissioner of the
Revenue for@license refunds in the amount of $317.10.
Voting: 11-0
Council Members Votink Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
@37-
ITEM II-H.12 ITEM #15433
Upon motion by Councilman Standing, seco nded by Vice Mayor Heischober,
City Council voted to APPROVE the requdst of the City Treasurer for
tax refunds in the amount of $476.12.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
3 8-
ITEM II-H.1 ITEM #15434
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to include an additional stipulation in the
Resolution calling for an Advisory Referendum as required by Section
3.09 of the Charter of the City of Virginia Beach:
(4) THE FORWARDING OF THIS RESOLUTION SHALL
CONSTITUTE NEITHER ENDORSEMENT NOR
REJECTION OF THE QUESTION DRAFTED BY
THE PETITIONERS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 3 9-
ITEM #15434(a)
Upon motion by Councilman Merrick, seconded by Mayor McCoy, City
Council voted to ADOPT the Resolution calling for an Advisory
Referendum as required by Section 3.09 of the Charter of the City
of Virginia Beach; AND, to include stipulation four (4).
(4) THE FORWARDING OF THIS RESOLUTION SHALL
CONSTITUTE NEITHER ENDORSEMENT NOR
REJECTION OF THE QUESTION DRAFTED BY
THE PETITIONERS.
Voting: 10-1
Council Members Voting Aye:
F. Reid Ervin, Vice Mayor Harold Hischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
John A. Baum
Council Members Absent:
None
8/11/80
-40 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the Eleventh day of August, 1980.
On motion by Councilman Merrick, seconded by Mayor McCoy,
the following Resolution was adopted.
A RESOLUTION CALLING FOR AN
ADVISORY REFERENDUM
WHEREAS, Section 3.09 of the Charter of the City of Virginia
Beach, Virginia, requires that City Council call for an Advisory
Referendum taking the sense of the voters on a question, upon the
filing with the City Clerk of a petition signed by a number of
qualified voters in Virginia Beach, equaling twenty-five (25%)
percent of the votes cast in Virginia Beach at the last regular
election; and,
WHEREAS, the City Clerk has received a petition signed by a
number of persons calling for an Advisory Referendum at the next
succeeding regular election on the question:
"SHALL PUBLICATIONS WHOSE PRIMARY PURPOSE IS
TO DEPICT OR ADVOCATE, BY PICTURE OR WORD,
HOMOSEXUAL ACTS BE DISPLAYED, DISTRIBUTED OR
RECEIVED INTO THE PUBLIC LIBRARIES OF THE
CITY OF VIRGINIA BEACH, VIRGINIA?,'
WHEREAS, the General Registrar for the City of Virginia
Beach, Virginia, has certified that the hereinabove described
petition was signed by a number of qualified voters in Virginia
Beach equaling twenty-five (25%) percent of the votes cast in
Virginia Beach at the last regular election.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TliE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That an Advisory Referendum is hereby called for,
pursuant to Section 3.09 of the Charter of the City of Virginia
Beach, Virginia, seeking the sense of the voters at the next
succeeding regular election on the question:
"SHALL PUBLICATIONS WHOSE PRIMARY PURPOSE IS
TO DEPICT OR ADVOCATE, BY PICTURE OR WORD,
HOMOSEXUAL ACTS BE DISPLAYED, DISTRIBUTED OR
RECEIVED INTO THE PUBLIC LIBRARIES OF THE
CITY OF VIRGINIA BEACH, VIRGINIA?"
8 /1 180
-41 -
2. That the Electorial Board of Virginia Beach, Virginia,
is hereby requested to prepare and place on the ballot, at the
next Succeeding regular election, the above question in accordance
with Section 24.1-165 of the Code of Virginia, 1950, as amended.
3. That a copy of this Resolution be served upon Donnell
P. Davis, Chairman of the Electorial Board of Virginia Beach,
V irgin ia .
4. The forwarding of this Resolution shall constitute
NEITHER endorsement NOR rejection of the question drafted by
the petitioners.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August 1980.
8 / 1 180
4 2-
ITEM #15434(b)
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to study Section 3.09.of the Charter of the City of
Virginia Beach relating to Advisory Referendums, at the time the City's
Legislative packet is adopted.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent;
None
8/11/80
4 3 -
ITEM II-H.2 ITEM #15435
The Resolution requested by the City Attorney for authorization to seek
an appeal to the Supreme Court of Virginia in the case of National Pride
Equipment, Incorporated, was DEFERKE-D until the vote on Solar Wash.
ITEM II-H.8 ITEM #15436
Mr. Donnelly appeared regarding this matter.
Upon motion by Councilman Standing, seconded by Councilman Ervin,
City Council voted to DEFER FOR ONE WEEK the Ordinance to amend
Section 23-47 of the Code of the City of Virginia Beach pertaining
to the operation of shuffleboard or pinball machines in restaurants,
e t c .
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 4 4 -
A P P 0 I N T M E N T S
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, on the
Eleventh day of August, 1980.
On motion by Councilman Standing, seconded by Councilman
Holland, the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, certain persons have been appointed to the CITIZENS
ADVISORY COMMITTEE for the Community Development Block Grant Program;
and,
WHEREAS, certain terms have expired and new appointments need
to be made; and,
WHEREAS, by such action the City Participation Plan, adopted
on September 25, 1978, is hereby amended and confirmed concerning the
CITIZENS ADVISORY COMMITTEE.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the below listed appointments are hereby made, ratified and
confirmed.
TARGET AREAS MEMBERSHIP MEMBER TERM EXPIRES
Doyletown Mrs. Mary Ellen Evans August 10, 1983
Atlantic Park Mrs. Susie Whitehurst August 10, 1983
Gracetown Joseph Lee January 14, 1982
Seatack Reverend Barnett Thorogood August 10, 1983
Burton Station Isaac Herbert January 14, 1982
Mill Dam Johnny Haynes August 10, 1983
Lake Smith Robert Simmons August 10, 1983
Queen City Ernest Benson January 14, 1982
Beechwood Mrs. Leola Williams August 10, 1983
Reedtown Mrs. Sherri Anne Baxter August 10, 1983
Newsome Farms Mrs. Lula W. Cofield January 14, 1982
Newlight Mrs. Alice Green August 10, 1983
AT LARGE MEMBERSHIP MEMBER TERM EXPIRES
At Large Bart Frye August 10, 1983
At Large Mrs. Mary Smith August 10, 1983
At Large Mrs. Mary Davenport Jauary 14, 1982
8/11/80
-4 5-
AGENCY MEMBERSHIP MEMBER TERM EXPIRES
NAACP Representative Clarence M. Morgan, Sr. January 14, 1982
League of- Women Voters
Representative Mrs. Elizabeth McClane August 10, 1983
SEVAMP Representative Sam Houston August 10, 1983
Mental Health/Mental
Retardation Representative Dcctar John Sutherland August 10, 1983
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August 1980.
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to ADOPT the Resolution appointing, ratifying and confirming
appointments to the CITIZENS ADVISORY COMMITTEE.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III
Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
8/11/80
- 4 6-
ITEM #15437
Upon motion by Councilman Standing, seconded by Councilman Ervin, City
Council voted to AFPOINT the following to the MILITARY LIAISON COMMITTEE:
J. Henry McCoy, Jr.
Harold Heischober
Meyera E. Oberndorf
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent;
None
8/11/80
-4 7-
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to REAPPOINT Mr. Robert W. Berry, Jr., to the
DEVELOPMENT AUTHORITY for a term of four (4) years, terminating
August 31, 1984.
Voting 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 4 8-
ITEM II-I.l.a ITEM #15439
Attorney Joseph T. Waldo appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to DENY the application of SOLAR WASH, INC., for a
Conditional Use Permit, and upon the City Attorney's advise, include
the statement that "Council considers the application premature in
light of the planned improvements to Pleasure House Road, spelled
out in the Capital Improvements Program that it is a traffic problem
at this point, and until that matter is relieved under the proposed
improvements envisioned by the Capital Improvements Program, Council
thinks that the matter is premature at this time."
Ordinance upon application of Solar Wash, Inc., for a
Conditional Use Permit for a self-service car wash on
certain property located on the West side of Pleasure
House Road beginning at a point 800 feet South of
Shore Drive, running a distance of 110 feet along the
West side of Shore Drive, running a distance of 207.5
feet along the Southern property line, running a dis-
tance of 114.7 feet along the Western property line
and running a distance of 240 feet along the Northern
property line. Said parcel contains .334 acre.
BAYSIDE BOROUGH.
Voting: 8-1
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
8 /11 80
-4 9-
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr.
I
Council Members Abstaining:
Clarence A. Holland, and Reba S. McClanan
Council Members Absent:
None
8/11/80
- 5 0 -
ITEM II-H.2 ITEM #15440
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to ADOPT the Resolution requested by the City
Attorney for authorization to seek an appeal to the Supreme Court of
Virginia, in the case of National Pride Equipment, Incorporated.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Mayor J. Henrv McCoy, Jr.
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
8/11/80
5 1 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the Eleventh day of August, 1980.
Upon motion by Councilman Merrick, seconded by Vice Mayor
Heisthober , the following Resolution was adopted.
R E S 0 L U T I 0 N
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Attorney is authorized to seek an appeal to
the Supreme Court of Virginia in the case of National Pride Equipment
Incorporated v. City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh - day of August 1980.
This Resolution shall be effective upon date of adoption.
8/11/80
5 2-
ITEM II-I.2.a ITEM #15441
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mr. John BAgley, representing Diamond Lake Estates, appeared in
opposition; and, presented petitions which will be made a part
of these proceedings.
Mr. Charles Hodgman, Larson Forest, appeared in opposition; and,
presented petitions which will be made a mart of these proceedings.
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of CAMPUS EAST ASSOCIATES, for a
Change of Zoning District Classification, as per the following:
1. Picking up the right-of-way.
2. Encroachment upon Larson Forest.
3. The Comprehensive Land Use Plan recommended six
(6) units.
Ordinance upon application of Campus East Associates
for a Change of Zoning District Classification from
R-5 Residential District to A-1 Apartment District
on certain property located at the Northeast inter-
section of Baker Road and Wesleyan Drive (Proposed),
running a distance of 123.49 feet along the East
side of Baker Road, running a distance of 450.74
feet along the East side of Baker Road, running a
distance of 260.44 feet along the Eastern property
line and running a distance of 529.93 feet along the
Southern property line. Said parcel contains 2.289
acres. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
8/11/80
-5 3-
Council Members Absent:
None
ITEM II-I.2.b ITEM #15442
COUNCILMAN ERVIN WAS ABSENT FROM THE CHAMBERS DURING THE HEARING OF
THIS APPLICATION.
Mrs. Sandra S. Archebelle appeared in behalf of the application
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SANDRA S. ARCHEBELLE for a Conditional
'Use Permit, as per the following; subject to the two (2) conditions
outlined in the City Manager's letter.
ORDINANCE UPON APPLICATION OF SANDRA S. ARCHEBELLE R0880329
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(DRAPERIES)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Sandra S. Archebelle for a
Conditional Use Permit for a home occupation (draperies)
on certain property located on the North side of Partridge
Drive beginning at a point 500 feet more or less East of
Sunnyside Drive, running a distance of 28.94 feet along
the North side of Partridge Drive, running a distance of
169.76 feet along the Eastern property line, running a
distance of 91 feet in a Northwesterly direction, running
a distance of 93.50 feet in a Southwesterly direction and
running a distance of 135.91 feet along the Western pro-
perty line. Said parcel contains .33 acre. KEMPSVILLE
BOROUGH.
For the information of the applicant:approval is subject
to the conditions.in conjunction with the intended use
of the land:
1. Approval is for a two (2) year period.
2. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertaining to home occupations.
Voting: 10-0
8 /11 80
- 54-
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, B@rbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. @Clanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 5 5-
ITEM II-I.2.c ITEM #15443
COUNCILMAN ERVIN RETURNED TO CHAMBERS
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mr. Kenneth Schonfeld, member of Fairfield Civic League, appeared
in opposition.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of W. W. REASOR ENTERPRISES
for a Conditional Use Permit, as per the following; subject to the
all of the provisions that are listed in the letter from the City
Manager of August 11, 1980:
ORDINANCE UPON APPLICATION OF W. W. REASOR R0880330
FOR A CONDITIONAL USE PERMIT FOR MINI
WAREHOUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Odinance upon application of W. W. Reasor Enterprises
for a Conditional Use Permit for mini-warehouses on
certai@-n property located on the East side of Lord
Dunmore Drive beginning at a point 737 feet more or
less North of Providence Road, running a distance of
113 feet along the East side of Lord Dunmore Drive,
running a distance of 1208.82 feet along the Northern
property line, running a distance of 131.83 feet in a
Southern direction, running a distance of 25 feet
in an Easterly direction, running a distance of 89.87
feet in a Southerly direction, running a distance of
292 feet in a Westerly direction, running a distance
of 56.57 feet in a Northwesterly direction, running
a distance of 218 feet in a Westerly direction, running
a distance of 132.54 feet in a Northwesterly direction
and running a distance of 540 feet in a Westerly di-
rection. Said parcel contains 4.553 acres. KEMPSVILLE
BOROUGH.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Approval is for the Eastern 670 feet of this site.
2. Standard improvements as required by the Site Plan
Ordinance.
3. A fence or wall not less than six feet in height shall
completely enclose the storage yard except for the
necessary openings for ingress and egress.
8 /11 80
5 6 -
4. The existing drainage easements must be preserved. In
addition, an adequate downstream drainage system must
be provided.
5. Any infringement of mini-warehouses onto the adjoining
shopping center site will not be allowed.
6. A landscaped buffer is to be provided along the Northern
property line.
7. Approval is subject to compliance with the site plan
and rendering on file in the Planning Department
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August -1 1980.
This Ordinance shall be effective upon date of adoption.
Voting: 11-0
Council Members Voting Aye:
John A. Bam, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/8
- 5 7 -
ITEM II-I.2.d ITEM #15444
Mr. Anthony Ditteaux appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of S & C COMPANY for the RENEWAL of a
Conditional Use Prmit increasing the number of units from 117 to 123,
as per the following:
ORDINANCE UPON APPLICATION OF S & C COMPANY R0880331
FOR A CONDITIONAL USE PERMIT FOR HOUSING
FOR THE ELDERLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of S & C Company for a Conditional
Use Permit for housing for the elderly on certain property
located on the East side of Malibu Drive beginning at a point
188.34 feet South of Alcott Road, running a distance of 75.34
feet along the East side of Malibu Drive, running a distance
of 100.45 feet in an Easterly direction, running a distance
of 141.99 feet in a Southerly direction, running a distance
of 485.82 feet along the Southern property line, running a
distance of 280 feet along the Eastern property line, running
a distance of 458.97 feet along the Northern property line,
running a distance of 87.89 feet along the Southern property
line and running a distance of 100.45 feet in a Westerly
direction. Said parcel contains 3.390 acres. LYNNHAVEN
BOROUGH.
Approval is subject to the followi,'.Ig conditions in conjunction
with the intended use of the land:
1. Approval is for 123 units.
2. Standard improvements as required by the Site Plan
Ordinance.
3. City water and sewer.
4. A landscaped buffer along the portions of this site
adjoining single-family homes.
5. All lighting is to be directed toward the interior of
this site and shielded from adjacent residential
properties.
6. The provision of additional drainage easements and
improvements as necessary.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of August, 1980.
8/11/80
- 58-
Vot ing: 1 1 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
5 9-
ITEM II-1.3.a ITEM #15445
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Upon motion by Councilwoman Henley, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of Mabel C. Brock for a
variance to Section 4.4(d) of the Subdivision Ordinance; subject
to the conditions as outlined in the City Manager's letter:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Mabel C. Brock. Property
located 850 feet North of Campbell's Landing Road,
2850 feet East of Dudley's Road. Plats with more
detailed information are available in the Department
of Planning.
The applicant requests a variance to Section 4.4(d)
of the Subdivision Ordinance which requires that
each lot created in a subdivision have direct access
to a public street. The applicant wishes to subdivide
a 41.12 acre site, located approximately 850 feet
North of Campbell's Landing Road and 2,850 feet East of
Morris Neck Road, into two (2) lots.
Approval is subject to the following stipulations:
1. If there is any further subdivision of this
property, full site improvements as well as
public access to all roads, will be required.
2. Approval ONLY for 31 acres, and NOT for the
9 acres which was included in the application.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
8/11/80
- 60-
Council Members Absent:
None
ITEM II-I.4.a.1-10 ITEM #15446
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the following Ordinances to amend
and reordain Sections of the Comprehensive Zoning Ordinance pertaining
to Borrow Pits.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-61-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITION OF BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and
reordained as follows:
Borrow Pit. Any operation involving the breaking or disturbing of the
surface soil or rock where the primary purpose of the operation is
to facilitate or accompl,'sh the traction or removal of sand, soil,
similar :x
gravel, fill, or other teri a] (rather than to produce the
hole from which the material comes) and to transport the material or
cause it 'o b:x mransported off the site of the borrow pit operation.
Specifical ly pt from this definition are the following:
(a) Any excavation for roads, drainage, or similar features
necessari dental to, and in accordance with the
aRproved construction plans for a residential iubd-ivision
or other similar opment act@lvfity vesnoth he ex-
sit; e
cavated material may be hauled o or la
(b) n o
A y excava ono fr;tthe purp 7sue of conducting a bona fide
ag ri,.Jtur ii pe ion, inc aing but not limited to ex-
cavations to impfove drainage, provide watering facilities
for livestock, or create a holding lagoon for animal waste.
(c) Any excavation which is less than 10,000 square feet in area
and less than 1,000 cubic yards in volume;
(d) Any tr ch tch or hole for utillty lines,plr-.nage pipe,
-6r th:n ublic wo Is 7,ac jects where
r simii@ r itie or r.
in ac,
the excavation is _or5anc e with the approved construction
plans.
reFReval-aR4-preeess @ng-of -Aatu ra;-aeewFnw;atien s-of -SamdT-584;- er-ary
Fn4Rera@.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day Of August 1980.
APPRO TO CONTENT
This ordinance shall be effective. <).
from date of adoption. SIGNATAft
I-/ 7-1.
DEPARTME$ft
.VV All(-,7F
@rRIA
SIGNATURE
CITY ATTOPNEY
8 I 180
-6 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 2 of the Comprehensive Zoning Ordinance be amended and
reordained as follows:
226. Borrow Pits
(a) Applicat,' Each application for a use pemit for a
borrow pi On@hall include the following information in
t
addition to the general information required by this
ordinance.
(1) A boundary survey of the subject property, together
with the proposed location of the limits of excava-
tion;
(2) The means of vehicular access to the proposed ex-
cavation;
(3) The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and
other spoil during the process of excavating;
(5) The proposed date on which excavating will commence,
the proposed date on which the excavation will be
completed and the proposed date that all required
restoration measures are to be completed-,
(6) The location of all haul roads leading to public
streets highway s ithin h7t:rea, and the loca-
tion of :7i service rwoads onts
(7) A statement listing the public streets and highways
to be used as haul routes;
(8) A "a: i'ow in'the propo s u!einocfl th7n ert once
e,ca ,t on has been compl:dted d g the location
of proposed lots, streets, structures, and other features.
(b) Special requirements
(1) Undrained pockets and stagnant pools resulting from
surface drainae slal ayed in c dance with
sgarr o H 1th to eliminate
cor
requirements f the S tat d
breeding places for mosquitoes and other insects.
8 11 80
-6 3-
(2) off-street parking areas adequate for all employees'
vehicles and trucks shall be provided.
(3) The edge of the area to be excavated shall be located
at least one hundred feet from all exterior property
lines. The setback area shall not be used for any
purpose :urln, tle period of excavation, including
,verburd n nd spoil storage, except the setback area
may be used for access roads. Exterior limits of all
work shall be monumented with iron markers no less
than five feet above surface of the earth.
(4) Access roads. Access roads to any excavation where
hauling is being conducted shall be maintained in a
dust-free manner. All access roads shall be con-
structed so as to intersect as nearly as possible at
right angles with public streets and highways and no
access road shall intersect any public road at any
angle of less than sixty degrees.
(5) Operating hours. Operating hours of excavating shall
be restricted to between 7:00 A.M. and 7:00 P.M. No
Sunday operations shall be permitted.
(6) Construction of buildings. All buildings used for the
production and processing of excavated material shall
be constructed and maintained as required by the
Building Code of the City.
(7) Roadside landscape. Existing trees and ground cover
along public street frontage shall be preserved and
maintained, and replaced during the period of excava-
tion if the appropriate City authorities deem it
necessary.
(8) Excavation permit. No excavation on the site shall
commence until an excavation pemit has been received
from the Department of Public Works, and all require-
ments of Chapter 31 of the City Code have been com-
plied with.
227. 226. Cemeteries, Columbariums, Crematories, Mausoleums
With respect to cemeteries, columbariums, crematories and
mausoleums, certificates of approval shall be required from
the State Department of Health as to confomity with its
regulations, and, in cases where bodies are to be interred,
from the Health Department, indicating that there is no
danger of contamination of water supply.
228. 227. Drive-in Theatres
(a) Minimum area of a drive-in theatre site shall be ten (10)
acres.
8 11 / 80
-64-
(b) Relation to major streets; entrances and exits. The site
shall be adjacent to a major street, and entrances and
exits shall be from the major street; provided, however,
that where adjacent minor streets can be used for access
to the major street, this arrangement may be permitted,
except in residential districts.
(c) Waiting areas. Off-street parking or storage lanes for
waiting patrons shall be available to accommodate not less
than thirty (30) percent of the vehicular capacity of the
theatre; provided that, if at least four (4) entrance
lanes, each with a ticket dispenser, are provided, then
the amount may be reduced to ten (10) percent of the
vehicular capacity.
228. Extraet4ye-industr@es-
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of August 1980.
This ordinance shall be effective APPROV&D AS TO COITTENT
from date of adoption.
10 7-
8 /11 80
6 5-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 3, SECTION 301
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 3, Section 301, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified, subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Borrow pit;
(2) Cemetery, columbarium,crematory, and mausoleum;
k24 -4ne;ud4Rg-the-reFRova; -of - samd
and-se*;;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980
This ordinance shall be effective from date of adoption.
APPROVED AS TO CO
SIGNATO
-17-
E)'PARTMEfft
A TO ;?:Vi
S'Ct4ATURE
CITY ATTOPNEY
8 11 80
6 6 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures: Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(3) Borrow pit;
(4) k34 Cemetery, columbarium, crematory, and mausoleum;
(5) k44 Churches;
(6) kS4 Community centers;
(7) k64 Drive-in theatres;
(8) k74 Dwellings, one family detached;
kg4 Extraet*ye - 4Rdus tr4esT -4 ne lud4 Rg- the-reFRova; -ef - SaRd
amd-5@4;.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of August , 1980.
This ordinance shall be effective from date of adoption.
APPROVED AS TO CON7@,i@,jl
8 /11 80
6 7-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 5, Section 501, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Borrow pits;
(2) @44 Churches;
(3) @24 Day care centers;
@34 Extraet*ye-*Rdw str@est -4 Re;wd4mg-the-PeFASva4 -ef - sard-
aRd-994;7
That Article 5, Section 581, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of Part
C of Article 2 hereof:
(1) Borrow pits;
(2) k44 Churches
(3) @24 Day care centers;
aRd-984;.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of August 1980. APPROVED AS TO C
This ordinance shall be effective
from date of adoption. I-/ 2-
E)EPAiOAENT
EY
8 /1 180
-6 8-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 601
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 6, Section 601, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Borrow pits;
(2) k;4 Churches;
(3) @24 Day care centers, other than public;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980.
This ordinance shall be effective from date of adoption.
APr,:ICV;,D AS TO CO
/11 80
- 6 9 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 7, SECTION 701
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 7, Section 701, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Borrow pits;
ef-sand-and-se@l;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August , 1980.
This ordinance shall be effective from date of adoption.
APPROVED AS TO COPMNT
SIGNAMRE
DEPARTMMT
AS TO, F(?RM
@/@6
'7 SIGIJATURE '
CITY AT-iORI@cy
8Jll/80
70 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 8, SECTION 801
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 8, Section 801, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(2) Borrow pits;
(3) @24 Cemeteries;
(4) k34 Churches;
k44
aRd-se*4.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980.
This ordinance shall be effective from date of adoption.
A,?PROVED AS TO CONTEM
SIGNA@E
8 1 1 80
- 71 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 911
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 9, Section 911, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(4) Borrow pits;
(5) @44 Bulk storage yards and building contractors' yards, pro-
vided that no sale or processing of scrap, salvage, or
second-hand material shall be permitted in such yards;
and, provided further that such storage yards shall be
completely enclosed except for necessary openings for
ingress and egress by a fence or wall not less than
six (6) feet in height;
(6) @54 Car wash facilities, provided that:
(i) no water produced by activities on the zoning
lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
(ii) a minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car
wash space within the facility.
(7) Churches;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980. APPRoyfiD AS TO CO
Thi's ordinance shall be effective SIGNMKE
from date of adoption.
NT
EY
8 /11 80
7 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 10
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Article 10, Section 1001, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(3) Borrow pits;
(4) k34 Bulk storage yards and building contractors' yards;
provided that no sale or processing of scrap, salvage,
or second-hand material shall be perinitted in such yards;
and provided further that such storage yards shall be
completely enclosed except for necessary openings for
ingress and egress by a fence or wall not less than
six (6) feet in height;
k44
That Article 10, Section 1011, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Us6s and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(2) Borrow pits;
(3) k24 Explosives manufacturing, storage and distribution;
aRd-5941.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980. APPIRC@IED AS TO CO
d
This ordinance shall be effective
from date of adoption.
0
7 3-
ITEM II-I.4.b ITEM #15447
Upon motion by Councilman Merrick, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the aplication of Patricia Lunger and Geneva
Brown for the petition for the closure of a portion of Sand Pine
Road, in the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
- 74-
ORDII;ANCE NO.
IN THE ',IATTER OF CLOSING, VACA-@INO, AND
DISCONTINUING A PORTION 01@' THAT CEITA-@'.%!
STPEET, KNOV:ll AS C-MID PINE @.OA.D, AS SHOWN
UPON THAT CERTAIN PLA-1 ENTITLED, "PLAT
OF SUBDIVISION OF SECTION N(j. 5, I'AR-1 2,
LY14NHAV,EN COLONY, LYNNIIAVEN BOPOU(;H, VIRG"@NIA
BEACH, V,k.", WHII-,H DLAT IS ATTACHED HERETO.
@,THEr,EAS, it appearing by a.-@idavit that Drorer
notice has been given by Patrici-a Lunger and Geneva Brown,
that thev would make application to the Council of t'@le City o@@
Virginia Beach, Virginia, on I 1980,
to have the hereinafter descrided street discontinued, closed,
and vacated; and
'ATliEREAS, it is the judfment of the Council that
said street be discontinued, closed, and vacated;
NOW THEREFOP.E,,
SECTION I
BE IT OPDAINED ty the Council of the C4@tv of
Virginia Beach, Virgiiiia, Lhat the hereinafter described street
be discontinued, closed, and vacated:
Beginning at a Doint in the southern line of Cane
Henry Drive distant 100 reet easterly from the aividing
line between lots 40 and 41 as shown on that certai-n
plat entitled "Subdivision of Section No. 5, Part 2,
Lynnhaven Col,)ny, Lynnhaven Borough, Virginia Beach,
Va." scale 1" = 100', June 1967 duly recorded in the
Clerk's Office of the Circuit Court of Virginia
Beach, Vir@iiiia in IlaD Book 74 at @age 7, which said
Doint is the beginning of a curve to the ri@ht
having a radius of 10 feet and runni-@if along said
curve an arc distance ol@ 15.71 feet to a noint which
is the southern terninus of said curve; thence running
South 16 Degrees 2@o @inutes 09 Seconds East, a distance
of 60 feet to a Doint which marks the beginning of a
curve to the right havin- a radius of 40 feet and
running along said curve an arc d4.stance of 62.33 feet
to a point which is the western terminus o@@ said curve;
thence runnin- South 73 De,,rees 31 Minutes 51 Seconds
1-7est, a distance of 1.14 feet to a point which riarks
the be,@inning of a curve to the le:,'-t having a radius
of 50, said Doint is alos the southwesternr,,.ost corner
of that Portion of Sand Pine @oad Droposed to be
closed, and running along si-ad curve, in an easterly
direction, an arc distance o@@ 36.14 feet to a noint
O-- reverse curve; tlience along a curve to the right
having a radius of 50 feet an arc distance of 78.53
feet to a ,)oint marking the southeaste--nmost corner
0.@ the said Dortion of Sand Pine Doad proposed to be
closed, thence running i.n a northerly direction along
a curve to the right having a radius o@- -)O @-eet an arc
distance o-r 36.14 feet to the northern terminus of
said curve; thence running @Torth 16 Degrees 28 @@,inutes
8/11/ 10
- 75-
09 Seconds West a distance of 58.36 feet to a point
which is the beginning of a curve to the right having
a radius o@@ 10 feet and running along said curve an
arc distance o-@ 15.71' to the eastern terminus ol@' said
curve which lies in the southern line of Cape Henrv
Drive; thence running in a westerly direction along
the sout.iern line of Cape Henry D-rive South Z3 DegreeE
31 @,4inutes 51 Seconds West a distance of 70 feet to
the @oint of beginning.
Said Darcel of land being a portion of Sand Pine Road as indicatec
on that certain T)lat of T)roperty to be vacated along existing
Sand Pine Road L-or Patricia Lunger and Geneva Brovm.
SECTIO'4 II
-@his Order shall be in effect 30 days after
adoption.
DENIED BY COUNCTL: August 11, 1980
/11 80
- 7 6-
CLIFFOILD LOVE, M
ArrORNEY AT LAw
SUITE 306
1604 HILLTOP WEST
EXECUTIVE CE.TER T........
@RGINIA BEACH, VA. 23451 4804) 42@300
CERTIFICATE OF VESTING OF TITLE
I, Clifford Love, III, attorney fo,r Patricia Lunger
and Geneva Brown, do hereby certify that:
1. I am an attorney at law and represent Patricia
Lunger and Geneva Brown, the petitioners.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia
Beach, Virginia, then title to said proeprty will vest in
Patricia Lunger and Geneva Brown, the adjacent property owner
or holder of the underlying fee in said property.
The said property referred to herein is hereby
described as follows:
See Schedule "A" Attached.
L,J.3-rrO@,Love, iii
CLIII/eab
8/11/80
7 7-
S C H E D U L E A
Beginning at a point in the Southern line of
Cape Henry Drive distant 100 feet Easterly
from the dividing line between lots 40 and
41 as shown on that certain plat entitled
Subdivision of Section No. 5, Part 2, Lynnhaven
Colony, Lynnhaven Borough, Virginia Beach,
Virginia." scale 1" = 100 feet, June 1967 duly
recorded in the Clerk's Office of the Circuit
Court of Virginia Beach, Virginia, in Map Book
74 at Page 7, which said point is the beginning
of a curve to the right having a radius of
10 feet and running along said curve an arc
distance of 15.71 feet to a point which is
the Southern terminus of said curve; thence
running South 16 Degrees 28 Minutes 09 Seconds
East, a distance of 60 feet to a point which
marks the beginning of a curve to the right
having a radius of 40 feet and running along
said curve an arc distance of 62.83 feet to
a point which is the western terminus of said
curve; thence running South 73 Degrees 31 Minutes
51 Seconds WEst, a distance of 1.14 feet to
a point which marks the beginning of a curve
to the left having a radius of 50, said point
is also the Southwesternmost corner of that
portion of Sand Pine Road proposed to be closed,
and running along said curve in an Easterly
direction, an arc distance of 36.14 feet to
a point of reverse curve; thence along a curve
to the right having a radius of 50 feet an
arc distance of 78.53 feet to a point marking
the Southeasternmost corner of the said portion
of Sand Pine Road proposed to be closed, thence
running in a Northerly direction along a curve
to the right having a radius of 50 feet an
arc distance of 36.14 feet to the Northern
terminus of said curve; thence running North
16 Degrees 26 Minutes 09 Seconds West a distance
of 58.86 feet to a point which is the beginning
of a curve to the right having a radius of
10 feet and having along said curve an arc
distance of 15.17 feet to the Western terminus
of said curve which lies in the Southern line
of Cape Henry Drive; thence running in a Westerly
direction along the Southern line of Cape Henry
Drive Squth 73 Degrees 31 Minutes 51 Seconds
West a distance of 70 feet to the point of
beginning.
8 /i 180
7 8 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Patricia Lunger and Geneva Brown have given
due and Proper notice, in accordance with the statutes for Such
cases made and Provided that they will on the day of
1 1980, 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 wliether, in the odinion of said Viewers,
any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that
certain street, and has filed such application with said Council.
t@OW, THEREFOPE, be it ORDAINED bv the Council of the
City of Virginia Beach, Virginia:
THAT
and
are hereby appointed
to view the below described property and report in writing
to the Council on or before I 1900,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
Beginning at a Point in the southern line of Cape
Henry Drive distant 100 feet easterly from the dividing
line between lots 40 and 41 as shown on that certain
t)lat entitled "Subdivision of Section :io. 5, Part 2,
Lynnhaven Colony, Lynnhaven Borough, Virginia Beach,
Va." scale 1" = 100', June 1967 duly recorded in the
Clerk's Office of the Circuit Court of Virainia
Beach, Virginia in Ilap Book 74 at Page 7, which said
point is the beginning of a curve to the right
having a radius of 10 feet and runnin@ along said
curve an arc distance o-@ 15.71 feet to a point wliich
is the southern terniinus of said curve; thence running
South 16 Degrees 28 Minutes 09 Seconds East, a distance
of 60 feet to a point wl@aich marks the beginning of a
curve to the rig@t having a radius of 40 feet and
running along said curve an arc distance of 62.83 feet
8/11/80
7 9-
to a point which is the western terriinus of said curve;
thence running South 73 Degrees 31 l,linutes 51 Seconds
West, a distance of 1.14 feet to a Doint which marks
the be@.inning of a curve to the le@@t having a radius
of 50, said point is also the soutliwesternmost corner
of that portion of Sand Pine Road proposed to be
closed, and running along said curve, in an easterly
direction, an arc distance of 36.14 feet to a point
of reverse curve; thence along a curve to the right
having a radius of 50 feet an arc distance of 78.53
feet to a Point markin@ the southeasternmost corner
of the saia portion of .Sand Pine Road prodosed to be
closed, thence running in a iiortherly direction along
a curve to the right having a radius of 50 feet an arc
distance of 36.14 feet to the northern terminus of
said curve; thence running North 16 Degrees 28 Minutes
09 Seconds West a distance of 58.86 -Peet to a point
which is the beginning of a curve to the right having
a radius of 10 feet and running along said curve an
arc distance of 15.71' to the eastern terminus of said
curve which lies in the southern line of Cape Henry
Drive; thence running in a westerly direction along
the southern line o-@ CaT3e Henry Drive South 7"' Degrees
31 Minutes 51 Seconds West a distance of 70 feet to
the T.)oint of beginning.
All the above as shown udon that certain nlat ent4tled,
"Plat o.- Subdivision o@- Section iio. 5, Tart '-,, Lynnhaven Colony,
Lynnhaven Borough, Virginia Beach, @7a.", which T31at is attached
hereto and made a T.)art hereof and intended to be recorded @@ith
the Ordinance closing the aforedescribed street.
APPROVED AS TI) CONTENT
11@1,All I
-Dt-
8/ii/Eo
80-
IN THE NIAT-IER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CER-,AIN
ST@n,EE-L, KNOWN AS SAND PINE ROAD, AS SHOVI@I
UPOk; THAT CERTAIN PLAT ENTITLED, "PLAT
OF SUBDIVISION OF SECTION NO. 5, PAR-@ 2,
LYt@NIIAVEN COLONY, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VA.", @IIIICH PLAT IS ATTACHED HERE-IO.
P E T I T I 0 D@
TO: THE liAYOR AiqD THE IIEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Patricia Lunger and Geneva Brov7n
respectfully represent as follows:
1. That i)ursuant to the Drovisions oF Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioners apply for the vacating, closing and discontinuance
of a portion of that certain street, which is more specifically
described as follows:
Beginning at a Doint in the southern line of Cape
Henry Drive distant 100 feet easterly from the dividing
line between lots 40 and 41 as shown on that certain
plat entitled "Subdivision of Section No. 5, Part 2,
Lynnhaven Colony, Lynnhaven Borough, Virginia Beach,
Va" scale 1" = 100', June 1967 duly recorded in the
Clerk's Office of the Circuit Court of Virginia
Beach, Virginia in liap Book 74 at Page 7, which said
point is the beginning of a curve to the right
having a radius of 10 feet and running along said
curve an arc distance of 15.71 feet to a point which
is the sourthern teripinus of said curve; thence running
South 16 Degrees 28 Minutes 09 Seconds East, a distance
of 60 feet to a point which marks the beginning of a
curve to the right having a radius of 40 feet and
running along said curve an arc distance of 62.83 feet
to a point which is the western terminus of said curve;
thence running South 73 Degrees 31 '@linutes 51 Seconds
West, a distance of 1.14 feet to a T)oint which @marks
the beginning of a curve to the lef@ having a radius
of 50, said point is also the southwesternmost corner
of that portion of Sand Pine @oad proposed to be
closed, and running along said curve, in an easterly
direction, an arc distance of 36.14 feet to a point
of reverse curve; thence along a curve to the right
having a radius of 50 feet an arc distance of 78.53
feet to a point narking the sourtheasternnost corner
of the saia portion of Sand Pine Road proposed to be
closed, thence running in a northerly airection along
a curve to the right having a radius o@@ 50 feet an arc
distance of 36.14 feet to the northern terminus of
said curve; thence running North 16 Degrees 23 Minutes
09 Seconds West a distance of 58.36 @eet to a Doint
which is the beginning o- a curve to the right having
a radius of 10 feet and running along said curve an
arc distance of 15.71' to the eastern terminus of said
curve which lies in the sout,iern line of Cape Henry
Drive; thence running in a westerly direction along
8/11/80
81 -
the southern line of Cape Henry Drive South 73 Degrees
31 Ilinutes 51 Seconds West a distance of 70 feet to
the point of beginning.
Said parcel of land being a portion of Sand Pine Road,
as indicated on that certain plat entitled, "Plat of Subdivision
of Section No. 5, Part 2, Lynnhaven Colony, Lynnhaven Borough,
Virginia Beach, Va.", which plat is attached hereto and made a
part hereof and intended to be recorded with the Ordiance
closing the aforedescribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance oL-
said street; and the petitioner pravs that this Honorable
Council appoint viewers as provided by law to view said platted
street proposed to be closed and to report in writing to the
Council on or before the day o@@ 19,00,
as to whether in the opinion of said Viewers, what inconvenience,
if any, would result @rom the discontinuance and closing of this
vortion of said street, as lierein redorted and described.
3. That on the day o-f 1980
Notice of the presenting of this ADplication was uosted at the
Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, on the premises to be closed, and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
as evidenced by the Affidavit attached hereto, and a copy of
said Notice.
4. That the Petitioners are the fee simdle owners of
all land along and adjacent to and affected by said portion
of the platted street to be closed and consequently, your
Iletitioners are the only landowners affected by the sarie.
ResDectfully submitted,
PA@.RICIA LUI'@GER
GENEVA BROIQN
By
Ut (,our
Clifford Love, III
1604 HilltoD West Executive Center
Suite 306
Virginia Beach, '7irginia 2"1451
8 2-
ITEM II-I.4.c ITEM #15448
Upon motion by Councilman Holland, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of Manford A. Sonetegard for
the petition for the closure of an unnamed street in the Bayside
Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay;
None
Council Members Absent:
None
8/11/80
8 3-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNNAMED STREET, AS'SHOWN UPON THAT
PHYSICAL SURVEY, LOT 27, BLOCK 11,
AMENDED MAP OF BLOCKS 1 AND 3, CHESAPEAKE
SHORES, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA, WHICH PLAT IS ATTACHED HEREWITH.
WHEREAS, it appearing by affidavit that proper notice
has been given by Manford A. Sonstegard, that it would make
application to the Council of the City of Virginia Beach, Virginil,
on July 21, 1980, to have the hereinafter described street dis-
continued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia that the hereinafter described street be dis-
continued, closed, and vacated:
A portion of an unnamed street shown on
Amended map of Blocks 1 and 3, Chesapeake
Shores, Bayside Borough, Virginia Beach,
Virginia, recorded in the Clerk's office of
the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 9, at page 61,
and being more particularly described as
follows: Beginning at a point which is South
67@ East a distance of 95 feet from the pin
marking the dividing line between lots 26 and
27 as shown on the aforesaid Map, said pin
being located on the south side of unimproved
Coronet Avenue, (formerly Wayne Avenue);
thence South 42' 001 West a distance of
163.00 feet; thence along the arc of a curve
in said street 77.79 feet to a pin located on
the dividing line between Lots 27 and 28 on
the aforesaid Map; thence Southwest along
said lot dividing line for a distance of
38.80 feet to a point; thence Northeasterly
along an arc with a radius of 191.78 feet a
distance of 119.01 feet to a point; thence
NMAN, LEE &OUVIERI, P.C. North 42* 00' East a distance of 173.30 feet
Att.,..r t L..
RGINIA BEACH, VIRGINIA
8/11/80
84-
to a point; thence Northwesterly along Coronet
Avenue a distance of 31.71 feet to the point
of beginning.
Said parcel of land being a portion of an unnamed street,
as indicated on the certain plat entitled, "Physical survey, Lot
27, Block 11, Amended Map of Blocks 1 and 3, Chesapeake Shores,
Bayside Borough, Virginia Beach, Virginia," which plat is
attached hereto and made a part hereof.
SECTION II
This Order shall be in effect from the date of its
passage.
SECTION III
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 this City
and indexed in a like manner as a deed of lands, in the name of
the City of Virginia Beach as grantor and Manford A. Sonstegard
and the City of Virginia Beach as grantees.
APPp,OVED AS TO Co,@ITE14T
NMAN, LEE & OLIVIERI, P.C.
Aft.,..y, t L.@
RGINIA BEACH, VIRGINIA
8/11/80
8 5-
CERTIFICATE OF VESTING OF TITLE
I, Michael A. Inman, Attorney for Manford A. Sonstegard, do
hereby certify that:
1. I am an attorney at law and represent, Manford A. Sonstegard,
the petitioner.
2. If the property described below is discontinued, closed and
and vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will vest in the City of Virginia Beach, Virginia,
the adjacent landowner and Manford A. Sonstegard also an adjacent land-
owner.
The said property referred to herein is hereby described as
follows:
A portion of an unnamed street shown on
Amended Map of Blocks 1 and 3, Chesapeake
Shores, Bayside Borough, Virginia Beach,
Virginia, recorded in the Clerk's Office of
the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 9, at page 61,
and being more particularly described as
follows: Beginning at a point which is South
670 East a distance of 95 feet from the pin
marking the dividing line between lots 26 and
27 as shown on the aforesaid Map, said pin
being located on the south side of unimproved
Coronet Avenue, (forinerly Wayne Avenue);
thence South 420 00' West a distance of
163.00 feet; thence along the arc of a curve
in said street 77.79 feet to a pin located on
the dividing line between Lots 27 and 28 on
the aforesaid Map; thence Southwest along
said lot dividing line for a distance of
38.80 feet to a point; thence Northeasterly
along an arc with a radius of 191.78 feet a
distance of 119.01 feet to a point; thence
North 420 00' East a distance of 173.30 feet
to a point; thence Northwesterly along Coronet
Avenue a distance of 31.73 feet to the point
of beginning.
Said parcel of land being a portion of an unnamed street, as
indicated on the certain plat entitled, "Physical survey, Lot 27, Block
11, Amended Map of Blocks 1 and 3, Chesapeake Shores, Bayside Borough,
Virginia Beach, Virginia," which plat is attached.
INMAN, LEE OLIVIERI
Att.,..y, t L.@
RGINIA BEACH, VIRGINIA
Michael A@ Inman
8 1 80
8 6-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Manford A. Sonstegard, has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 9th day of June, 1980,
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 street of variable width, and has filed such appli-
cation with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT
and
are hereby
appointed to view the below-described property and report in
writing to the Council on or before July 21, 1980, whether in
their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
A portion of an unnamed street shown on
Amended map of Blocks 1 and 3, Chesapeake
Shores, Bayside Borough, Virginia Beach,
Virginia, recorded in the Clerk's Office of
the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 9, at page 61,
and being more particularly described as
follows: Beginning at a point which is South
67@ East a distance of 95 feet from the pin
marking the dividing line between lots 26 and
27 as shown on the aforesaid Map, said pin
being located on the south side of unimproved
Coronet Avenue, (formerly Wayne Avenue);
thence South 421 001 West a distance of
163.00 feet; thence along the arc of a curve
in said street 77.79 feet to a pin located on
NMAN, LEE&OLIVIERI, P.C. the dividing line between Lots 27 and 28 on
Am,..y, t L.@
RGINIA BEACH, VIRGINIA
8/11/@o
8 7-
the aforesaid Map; then Southwest along
said lot dividing line for a distance of
38.80 feet to a point; then Northeasterly
along an arc with a radius of 191.78 feet a
distance of 119.01 feet to a point; thence
North 421 001 East a distance of 173.30 feet
to a point; thence Northwesterly along Coronet'
Avenue a distance of 31.73 feet to the point
of beginning.
All the above as shown upon that certain plat entitled,
"Physical survey, Lot 27, Block 11, Amended Map of Blocks 1 and
3, Chesapeake Shores, Bayside Borough, Virginia Beach, Virginia,"
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed
street.
INMAN, LEE & OLIVIERI, P.C.
Aff.,..y, t L..
VIRGINIA BEACH, VIRGINIA
8/11/80
8 8-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNNAMED STREET, AS SHOWN UPON THAT PLAT
ENTITLED, "PHYSICAL SURVEY, LOT 27, BLOCK
11, AMENDED MAP OF BLOCKS 1 AND 3, CHESAPEAKE
SHORES, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA," WHICH PLAT IS ATTACHED HEREWITH.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Manford A. Sonstegard, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
A portion of ah unnamed street shown on
Amended Map of Blocks 1 and 3, Chesapeake
Shores, Bayside Borough, Virginia Beach,
Virginia, recorded in the Clerk's office of
the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 9, at page 61,
and being more particularly described as
follows: Beginning at a point which is South
67* East a distance of 95 feet from the pin
marking the dividing line between lots 26 and
27 as shown on the aforesaid Map, said pin
being located on the south side of unimproved
Coronet Avenue, (formerly Wayne Avenue);
thence South 421 00' West a distance of
163.00 feet; thence along the arc of a curve
in said street 77.79 feet to a pin located on
the dividing line between Lots 27 and 28 on
the aforesaid Map; thence Southwest along
said lot dividing line for a distance of
38.80 feet to a point; thence Northeasterly
along an arc with a radius of 191.78 feet a
distance of 119.01 feet to a point; thence
North 421 001 East a distance of 173.30 feet
to a point; thence Northwesterly along Coronet
Avenue a distance of 31.73 feet to the point
of beginning.
Said parcel of land being a portion of an unnamed street,
as indicated on the certain plat entitled, "Physical survey, Lot
27, Block 11, Amended Map of Blocks 1 and 3, Chesapeake Shores,
INMAN, LEE &OUVIERI, P.C. Bayside Borough, Virginia Beach, Virginia," which plat is attached
VIRG4NIA BEACH, VIRGINIA
8/11/80
8 9-
hereto and made a part hereof and intended to be recorded with
the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of
said street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the 3rd day of July, 1980, as to whether in the opinion
of said Viewers, what inconvenience, if any, would result from
the discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the 21st day of May, 1980, Notice of the
presenting of this Application was posted at the Courthouse of
the Circuit Court of the City of Virginia Beach, Virginia, on the
premises to be closed, and at the City Hall Annex, 19th Street
and Artic Avenue, Virginia Beach, Virginia, as evidenced by the
Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioner and the City of Virginia Beach
are fee simple owners of all land along and adjacent to and
affected by said portion of the platted street to be closed.
Respectfully submitted,
MANFORD A. SONSTEGARD
By DK-
Of Counsel
Michael A. Inman
INMAN, LEE & OLIVIERI, P.C.
Suite 211, Pembroke Four
Pembroke Office Park
Virginia Beach, Virginia 23462
LEE&OLIVIERI, P.C.
IRGINIA BEACH, VIRGINIA
8/11/80
90 -
ITEM II-J.1@.a ITEM #15449
Upon motion by Councilman Merrick, seconded by Councilman Holland,
City Council voted to uphold t;hle recommendation of the City Manager
and APPROVE the Ordinance granting a temporary encroachment into a
portion of the public beach area adjacent to Atlantic Avenue at 64th
Street to Robert M. Smith, Jr.; AND, the Ordinance granting temporary
encroachment at 64th Street to Hugh C. Overstreet.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
Requested By Cl Y"MANAGER
AN ORDINANCE GRANTING A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
PUBLIC BEACH AREA ADJACENT TO THE
ATLANTIC OCEAN AT 64TH STREET TO
HUGH G. OVERSTREET.
JLO9%, 253
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in
Section 15.1-893, Code of Virginia, 1950, as amended, Hugh G. Overstreet is authorized
to erect and maintain a temporary encroachment into a portion of the public beach
area adjacent to Atlantic Ocean at 64th Street.
That the temporary encroachment herein authorized is for the purpose
of maintaining a sailboat sand anchor and that said encroachment shall be maintained
in accordance with the City of Virginia Beach Public Works Department's specifications
as to size, alignmpnt and location, and further that such temporary encroachment
is more particularly described as follows:
An area of encroachment into a portion of the City's
public beach area adjacent to the Atlantic Ocean at
64th Street designated by the area labeled "Sand Anchor"
as shown on that certain plat entitled "Survey of Location
for Sand Anchor for Hugh Overstreet" dated July 14, 1980,
a copy of which is on file in the Department of Public
Works of the City of Virginia Beach and is attached hereto
and to which reference is made for a more particular des-
cription. Furthermore, such encroachment shall be a sand
anchor consisting of one metal auger type pole placed
at least one foot below the surface of the sand at the
point of encroachment with a non-metallicline extending
from each pole to the surface of the sand.
Nothing herein contained shall be construed to enlarge
such permission and authority to permit the maintenance
or construction of any encroachment other than that speci-
fied herein and to the limited extent specified herein.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall
terminate on November 1, 1980, or upon notice by the City of Virginia Beach to Hugh G.
Overstreet and that within 30 days after such notice is given, said encroachment
shall be removed from the public beach area adjacent to Atlantic Ocean at 64th Street
by Hugh G. Overstreet and that Hugh G. Overstreet shall bear all costs and expenses
of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
Hugh G. Overstreet shall indemnify and hold harmless the City of Virginia Beach,
8 / 1 1 / 80
9 2-
:11cl,@!42084 P4,-,i254
its agents and employees from and against all claims, damages, losses, and expenses
including reasonable attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be in effect until
such time that Hugh G. Overstreet executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of August 1980.
DMG:pjb
8-5-80
Authenti@.t@d to Se a T,u. Copy ta6 Reco,d of the City
of Vi,gini. B.ach, d.td @e dy f -?il@, 198o
d,an
APPR,OVED. AS TO CONT.ENT
SIGNATURE
I DEPARJMENT I V
APPROVED AS
i SICN'ATUR
CITY ATTOI
8/11/80
9-3 -
Requested hy City Manager
AN ORDINANCE GRANTING A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
PUBLIC BEACH AREA ADJACENT TO THE
ATLANTIC OCEA14 AT 64TH STREET TO
ROBERT M. SMITH, JR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Robert M. Smith, Jr. is authorized to erect and maintain a temporary
encroachment into a portion of the public beach area adjacent to
Atlantic Ocean at 64th Street.
That the temporary encroachment herein authorized is for
the purpose of maintaining a sailboat sand anchor and that said
encroachment shall be maintained in accordance with the City of
Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary encroach-
ment is more particularly described as follows:
Beginning at a point located at the southeastern-
most corner of Lot 5 of Section E, Block 19,
Cape Henry, at the east end of 64th Street, thence
easterly a distance of 12010" to a point, thence
northerly a distance of 28'0" to a point, said point
being the beginning point of encroachment, thence
northerly a distance of 121011 to a point, thence
easterly a distance of 710" to a point, thence
southerly a distance of 121011 to a point, thence
westerly a distance of 710" to the beginning point
of encroachment. Said location further being shown
on the plat attached hereto and to which reference
is made for a more particular description. Further-
more, such encroachment shall be a sand anchor con-
sisting of four metal auger type poles placed at
least one foot below the surface of the sand at each
point of encroachment with a non-metallic line extend-
ing from each pole to the surface of the sand.
Nothing herein contained shall be construed to enlarge
such permission and authority to permit the maintenance
or construction of any encroachment other than that
specified herein and to the limited extent specified
herein.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate on November 1, 1980, or upon notice by
the City of Virginia Beach to Robert M. Smith, Jr. and that within
8/11/80
94-
Pfr-,256
30 days after such notice is given, said encroachment shall be
removed from the public beach area adjacent to Atlantic ocean
at 64th Street by Robert M. Smith, Jr. and that Robert M. Smith, Jr.
shall bear all costs and expenses of such removal.
AIZD, PROVIDED FURTHER, that it is expressly understood
and agreed that Robert M. Smith, Jr. shall indemnify and hold
harmless the City of Virginia Beadh, its agents and employees from
and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Robert M. Smith, Jr. executes an
agreement with the City of Virginia Beach encompassing the afore-
mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -11 day of August 1980.
DMG:pjb
@GINIA: be C
6 lelk'@ Oflice p/ the ci@@it cp@,t o/ Viginia' Bea,b,,, day
6 at e nd pon h.
. . .... ...... inst,u-ent was , ceived a
6 1 ak@-.Ied e I the,et. annexed, aditi@d t@ recora "The tax imposed by'SS58-54.1 of Lbe Cod@,
has been aid, i@ th, ao.nt of I ...............
p
0 ... ... ...... ..... .
TESTE: J. CURTIS FRUIT, Cl@,k ..... . .. . .... . c
.... .....
Auth.,ti,.ied to he a T,ue Co
@ P@ @r 2@ Pe@d of the City
of Yiginia Boach, dai.d tbe cf@, 1980
AIJO@ S TO CONTENT
$IGNATURE
APPROVED A!
Slf NAT
ICITY ATT
- 95-
ITEM II-J.l.b ITEM #15450
Mrs. Bennie Gibbs appeared in favor of the Ordinance
Upon motion by Councilman Holland, seconded by Councilwoman Ober-idorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance granting temporary encroachment into a
portion of the right-of-way of Powhatan Avenue to the Ocean Park
Civic League, Inc.; subject to the three (3) conditions as outlined
in the City Manager's letter:
1. The encroachment shall terminate upon
notice by the City and shall be removed
within 30 days after such notice is given,
at the expense of the Civic League.
2. The City shall be held harmless from any
liabilities resulting from this encroachment.
3. Ocean Park Civic League, Inc., shall execute
an agreement with the City encompassing the
above provisions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-96-
Requested by Department of Public Works
AN ORDINANCE GRANTING A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF POWHATAN AVENUE BY
THE OCEAN PARK CIVIC LEAGUE, INC.
1091L
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof contained in
Section 15.1-893, Code of Virginia, 1950, as amended, Ocean Park Civic League, Inc.
is authorized to erect and maintain a temporary encroachment into a portion of
the City right-of-way of Powhatan Avenue.
That the temporary encroachment herein authorized is for the purpose
of erecting a community identification sign and that said encroachment shall be
erected and maintained in accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location, and further that
such temporary encroachment is more particularly described as follows:
The area of encroachment as designated by the
shaded area as shown on that certain plat entitled:
"Pl,at Showing Right-Of-Way Encroachment Into A
Portion Of Powhatan Avenue Granted To Ocean
Park Civic League, Inc." dated May 27, 1980, a
copy of which is attached hereto and recorded
simultaneously herewith, to which reference
is made for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terininate upon notice by the City of Virginia Beach to any officer of the
Ocean Park Civic League, Inc. and that within 30 days after such notice is given,
said encroachment shall be removed from the City right-of-way of Powhatan Avenue
by the Ocean Park Civic League, Inc., and that the Ocean Park Civic League, Inc.
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that the Ocean Park Civic League, Inc. shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees from and against all claims,
damages, losses, and expenses including reasonable attorney's fees in case it
8 / 11 80
97-
p4r!i 252
shall be necessary to file or defend an action arising out of the location
or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be in effect
until such time that the Ocean Park Civic League, Inc. executes an agreement
with the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 11 day of August 1980.
MES/ih
6/25/80
Approval is subject to the following conditions:
1. The encroachment shall terminate upon
notice by the City and shall be removed
within 30 days after such notice is
given, at the expense of the Civic League.
2. The City shall be held harmless from any
liabilities resulting from this encroachment.
3. Ocean Park Civic League, Inc., shall execute
an agreement with the City encompassing the
above provisions.
Au)henti@,t.d t. be a,T,u.@py f a@ V!i-ial-Recod of the City
Yi,gi@ia Be@h, datid the day of 1980
Cu,,tod'in
cit C, ci! vi, igi. 8"4
......... .X,.-
to
$..................
8 /1 180
98-
ITEM II-J.l.c ITEM #15451
Upon motion by Councilman Baum, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the Ordinances declaring certain property
excess and authorizing the City Manager to dispose of same,
(each applying to Holland Road
Voting: 11-0
Council Members Voting Aye;
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-99-
Requested by: City Manager
L),Ol@ 2t')84 p4i-,i247
AN ORDINANCE DECLARING CERTAIN
1090 PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE
OF SAt4E.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Wbereas, upon the closure of a certain portion of Holland Road, the
City of Virginia Beach may have acquired a certain interest in a portion
thereof;
Whereas, the City Council is of the opinion that the following
described property is in the excess of the needs of the City of Virginia Beach.
Now, Therefore, Be It Ordained By Ttie Council Of The City Of Virginia
Beach, Virginia:
1. That the following described property is hereby declared to be
in excess of the needs of the City of Virginia Beach and that the City Manager
is authorized to convey said property in the manner he deems in the best interests
of the City of Virginia Beach reserving therein any and all easements pertaining
thereto.
All that certain portion of Holland Road as shown
as solid shaded area as it appears on that certain
plat entitled "Plat Showing Excess Right-Of-Way On
Holland Road And Property To Be Acquired By The
City Of Virginia Beach From Oswald S. Buyrn &
Louise Whitehurst Buyrn," Princess Anne Borough,
Virginia Beach, Virginia, Scale: 1" = 50', dated
August 31, 1978, Revised 9/26/78, prepared by
Bureau of Surveys and Mapping, Engineering Division,
Department of Public Works, Virginia Beach,
Virginia, said pl at being recorded in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 139 at Page 18
to which reference is made for a more particultr d-escription.
IT BEING, in part, a portion of the land which by
Ordinance of the Council of the City of Virginia
Beach, Virginia, dated
was vacated, closed and discontinued as a public
road.
The City of Virgina Beach reserves unto itself, its
successors or assigns a 10' permanent drainage
easement as shown on the aforesaid plat and further
8 /1 180
-100-
,,,i@2084 PAP,; 248
reserves a temporary construction easement under,
oVer and across said closed area of Holland Road.
The said temporary construction easement to
terminate when there no longer exists the necessity
for same.
2. This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the llth
day of August 19 80
JAR/ih
3/7/80 APPROVED AS TO Co.4TE14T
r,EPARiF@'E.INT
o Fo??@'i
Authenticated to 6@ T,@. cPy Of.R@c.,d f fl,e city
i
of Vi,ginia Bleach, dat.d'th- day 0
1980
C-@l.d.an
8/11 80
-101-
Requested by: City Manager
249
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE
OF SAME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Whereas, upon the closure of a certain portion of Holland Road, the
City of Virginia Beach may have acquired certain interest therein; and
Whereas, the City Council is of the opinion that the following described
property is in excess of the needs of the City of Virginia Beach.
Now, Therefore, Be It Ordained By The Council Of The City Of Virginia
Beach, Virginia:
1. That the following described property is hereby declared to be in
excess of the needs of the City of Virignia Beach and that the City Manager is
authorized to convey said property in the manner he deems in the best interests
of the City of Virignia Beach reserving therein any and all easements pertaining
thereto.
All that certain portion of Holland Road as shown as
solid shaded area as it appears and is shown on that
certain plat entitled "Plat Showing Excess Right-Of-
Way On Holland Road And Property To Be Acquired By
The City Of Virginia Beach, Virginia From James G.
and Marilou Kollar," Scale: 1" = 50', dated August 31,
1978, revised: 9/26/78, prepared by Bureau of Surveys
and Mapping, Engineering Division, Department of Public
Works, City of Virginia Beach, Virginia, said plat
being recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in
Map Book 139 at Page -] q
to which eference is made fo a more particular
description.
IT BEING, in part, a portion of the land which
by Ordinance of the Council of the City of
Virginia Beach, Virginia, dated
was vacated, closed and discontinuedas a public road.
The City of Virginia Beach reserves unto itself, its
successors or assigns a 10' permanent drainage easement
as shown on the aforesaid plat under, over and across
the solid shaded area and further reserves a temporary
construction easement under, over and across the
portion of Holland Road closed and described above.
The said temporary construction easement to terminate
when there no longer exists the necessity for same.
8 /11 80
2. This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the Cit@ of Virginia Beach on the llth
day of Aueust 19 80
JAR/ih
3/10/80
APPROVE-@ T
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day of 1910
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8 1 1 80
-1 0 3-
ITEM ii-J.2.a ITEM #15452
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Ordinance requiring real estate and
financial disclosure for certain elected and appointed officials and
employees of the City.
The following change was made in the Disclosure Form:
Annual Disclosure Form for members of the City Council, The Planning
Commission, City Manger, City Attorney, City Clerk, Real Estate
Assessor, Director of Planning, Director of Public Works, Director of
Finance, Director of Economic Development,Director of Permits and
Inspections, and the Director of Public Utilities and providing a list
of income interests of the persons making the disclosure and of members
of their immediate family
Voting: 9 - 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Donald W. Mrrick, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Clarence A. Holland, and Mayor J. Henry McCoy, Jr.
Council Members Absent:
None
8/11/80
-10 4-
AN ORDINANCE REQUIRING REAL ESTATE
AND FINANCIAL DISCLOSURE FOR CERTAIN
ELECTED AND APPOINTED OFFICIALS AND
EMPLOYEES OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.
WHEREAS, public confidence in the Government of the
City of Virginia Beach is dependent upon the integrity of its
elected and appointed officials; and
WHEREAS, it is the opinion of the Council of the City
of Virginia Beach that certain financial disclosures will
strengthen public confidence; and
WHEREAS, such disclosure of these financial interests
should be a matter of public record; and
WHEREAS, to insure impartiality, independence and
honesty in elected and appointed officials, and to instill
confidence in the public of the integrity of their elected and
appointed officials; and
WHEREAS, to insure that public office will not be used
for private gain, only by remuneration as provided by law; and
WHEREAS, to enhance public confidence in the workings
of government as well as in the elected and appointed officials;
and
WHEREAS, to inform certain citizens regarding the
economic interests of the elected and appointed officials who
might present a conflict of interest and to insure that
governmental decisions are properly arrived at and to prevent
special interests from unduly influencing governmental
decisions.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
8/11/80
-10 5-
THAT, annually, in December of each year, it shall be
the duty of members of city council, the planning commission and
the following city officials to complete and file with the City
Clerk a Financial Interest Disclosure form. The form shall be
open to p6b,lic inspection.
City Manager Director of Public Works
City Attorney Director of Finance
City Clerk Director of Economic Development
Real Estate Assessor Director of Permits & Inspections
Director of Planning Director of Public Utilities
The City Council shall prepare aform for the
disclosure of material and financial interests, and the City
Clerk shall provide the form to all persons required to complete
the same.
The form shall require the disclosure of the following
financial interests:
(a) Disclosure of all real estate located in the
City of Virginia Beach, Virginia, in which the declarant has any
legal or equitable interest.
(b) Disclosure of any source of income where the
total annual income exceeds $2,500 from any one source in any
year.
(c) Disclosure of all gifts in excess of $100,
except from members of the declarant's immediate family.
The Personnel Board shall be responsible for the
administration and enforcement of this ordinance. The Board's
duties shall include, but shall-not be limited to, determination
of whether or not disclosure of a particular interest or item is
required and whether or not the declarant has violated any
provision of this ordinance.
Upon determination by the Personnel Board that the
declarant has not complied with anv requirement of this ordinance
-2-
8/11/80
-10 6 -
or ruling of the Personnel Board, the salary of the declarant
shall be forfeited until compliance.
This ordinance shall be effective thirty (30) days from
date of adoption.
Adopte(I by the Council of the City of Virginia Beach on
the llth day of August 1980.
JDB/er/vp/cj/cb/
5/9/8 0
5/15/80
7/1 4/8 0
7/1 6/8 0
7/3 0/8 0
(1)
APpp,OVED AS 0 CONTEIIT
-3-
8/11/80
-10 7-
ANNUAL DISCLOSURE FORM
FOR
MEMBERS OF THE CITY COUNCIL,
THE PLANNING COMMISSION, THE CITY MANAGER,
THE CITY ATTORNEY, THE CITY CLERK,
THE REAL ESTATE ASSESSOR, THE DIRECTOR OF PLANNING
THE DIRECTOR OF PUBLIC WORKS, THE DIRECTOR OF FINANCE
THE DIRECTOR OF ECONOMIC DEVELOPMENT, THE DIRECTOR OF
PERMITS & INSPECTIONS AND THE DIRECTOR OF PUBLIC UTILITIES
AND PROVIDING A LIST OF INCOME INTERESTS OF THE PERSONS
MAKING THE DISCLOSURE AND OF MEMBERS OF THEIR IMMEDIATE FAMILY
NAME:
OFFICE HELD:
ADDRESS:
I. REAL ESTATE
All real estate located in the City of Virginia Beach in which I
have any legal or equitable interest is as follows. Include
members of immediate family (spouse or any other relatives who
resides in the same household). (If more space is needed, please
provide attachments.)
Description of property; address or location:
II. SOURCES OF INCOME
All of my sources of income are as follows: (Income sources need
only be disclosed if your income from any source during the last
calendar year exceeded $2,500 from any one source. The amount of
the income received need not be disclosed.) Include members of
immediate family (spouse or any other relative who resides in the
same household).
Income Source of $2,500 Nature of Income
from any one source
8/11/80
-1 0 8-
III. GIFTS
Gifts in excess of $100 from persons other than my immediate
family are as follows, excluding political contributions that are
reported under general law:
Source of gift and amount:
THE DECLARANT HEREBY ACKNOWLEDGES THAT HE OR SHE IS AWARE OF THE
FOLLOWING:
1. That they are required by City ordinance to disclose the
information contained herein and that failure to do so completely
and accurately could result in forfeiture of his or her salary
from the City of Virginia Beach, Virginia.
2. That this form shall be filed with the City Clerk and shall
be open to public inspection.
3. That any questions as to whether disclosure of a particular
interest in real estate, source of income, or gift is required
will be determined by the Personnel Board
Board, whose judgment shall be final and binding upon the
declarant.
Date (Signature)
(15)
7/30/80
-2-
8/11/80
-10 9 -
ITEM II-J.2.b ITEM #15453
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council voted to APPROVE the Ordinance to amend Section 13-1 of the
City Code to establish new voting places within the Capps Shop and
Woodstock precincts.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-110-
Requested by: Electoral Board
AN ORDINANCE TO AMEND SECTION 13-1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, TO ESTABLISH NEW
VOTING PLACES WITHIN THE CAPPS SHOP
AND WOODSTOCK PRECIIICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 13-1 of the Code of the City of Virginia Beach is
amended and reordained to read as follows:
There are hereby established in the City of Virginia Beach the
following election districts and their respective voting places, as set forth
below:7
ELECTION DISTRICT VOTING PLACES
VIRGINIA BEACH - A 40th Street and Pacific Avenue
VIRGINIA BEACH - B Virginia Beach Junior High School
VIRGINIA BEACH - C Cooke Elementary School
LINKHORN Linkhorn Elementary School
SEATACK Seatack Elementary School
OCEANA Knights of Columbus Hall
235 First Colonial Road
LITTLE NECK Kingston Elementary School
LONDON BRIDGE London Bridge Baptist Church
TRANTWOOD Trantwood Elementary School
GREAT NECK John B. Dey Elementary School
CAPE HENRY Research and Enlightenment Building
PLAZA Lynnhaven Elementary School
WINDSOR WOODS Windsor Woods Elementary School
MALIBU Malibu Elementary School
ARAGONA - A Old Donation Elementary School
ARAGONA - B Aragona Elementary School
CHESAPEAKE BEACH Chesapeake Beach Volunteer Firb Department
THOROUGHGOOD Thoroughgood Elementary School
SHELTON PARK Shelton Park Elementary School
BAYSIDE Bayside Elementary School
DAVIS CORNER Bettie F. Williams Elementary School
KEMPSVILLE Point of View Elementary School
ARROWHEAD Arrowhead Elementary School
LARKSPUR Kempsville Meadows Elementary School
WOODSTOCK Woodsteck Elementafy-Seheol
Avalon Church of Christ
844 Woodstock Road
KEMPS LANDING Fairfield Elementary School
KEMPSVILLE HIGH Kempsville Junior High School
THALIA Thalia Elementary School
MOUNT TRASHMORE United Way Family Center
8 /1 1 80
COURTHOOSE - A Holland Elementary School
COURTHOUSE - B Courthouse Volunteer Fire Station
BROCKS BRIDGE Barnes Store
SIGMA Sandbridge Volunteer Fire Station
CREEDS Creeds Volunteer Fire Department
CAPPS SHOP Pleasafqt-R4dge-Barber Shep-
Princess Anne Mosquito Control Building
848 Pleasant Ridoe Road
BLACKWATER Blackwater Fire Station
CENTRAL ABSENTEE VOTER ELECTION BISTRICT City Hall, Circuit Court, Room 6
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
llth day of August 1980.
JDB:CDP:er
6-27-80
8 /11 80
1 1 2-
ITEM II-J.3.a.1-3 ITEM #15454
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to APPROVE ON SECOND READING the following Ordinances:
ORDINANCE TO APPROPRIATE FUNDS OF
$25,300 FOR THE PURCHASE OF TEN
VOTING MACHINES
ORDINANCE TO APPROPRIATE FUNDS FOR
THE FY 81 OPERATION OF THE VIRGINIA
BEACH VISITOR'S BUREAU INFORMATION
CENTER AND TO ESTABLISH POSITIONS
THEREFORE
ORDINANCE TO APPROPRIATE FUNDS OF $10,000
TO THE DEPARTMENT OF PARKS AND RECREATION
FOR ADVERTISING COST AND INCREASE ESTIMATED
REVENUES FROM RECREATION CLASS FEES BY A LIKE
AMOUNT
Voting 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
-11 3-
Requested by: Chairman, Electoral Board
AN ORDINANCE TO APPROPRIATE
FUNDS OF $25,300 FOR THE
PURCHASE OF TEN VOTING MACHINES
WHEREAS, Sec. 24.1-203 of the Code of Virginia requires that one
voting machine be provided for every seven hundred fifty (750) registered
voters in each precinct, and
WHERF.AS, it is anticipated that the City of Virginia Beach will
have 100,000 registered voters for the 1980 presidential election, and
WHEREAS, ten additional voting machines at a total purchase price of
$25,300 are needed to accomodate the voters.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $25,300 be appropriated from the General Fund
Balance to the Office of the General Registrar for the purpose of purchasing
ten voting machines.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Eleventh day of August 1980.
FIRST READING: July 14, 1980
SECOND READING: August 11, 1980
APPROVED AS TO C014TENT
SIGNATURE
[)Epi%R7ME,IIT
TO..-OR
8/11/80
-1 1 4 -
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE FY 81 OPERATION OF THE
VIRGINIA BEACH VISITOR'S BURFAU
INFORMATION CENTER AND TO ESTABLISH
POSITIONS THEREFOR
WHERFAS, the Virginia Beach Innkeepers Association and the
Chamber of Comerce have agreed that the Tourist Information
Center be operated by the city, and
WHERF-AS, the operating expenses for the Tourist Information
Center for FY 81 are:
Personal Services $39,488
Fringe Benefits 5,910
Contractual Services 8,698
Other Charges 42,343
Total Tourist Information
Center $96@439
WHEREAS, funding for the Tourist Information Center is
available by transfer of $55,000 previously budgeted as a
Contribution to the Chamber of Commerce and by reimbursement of
$32,939 from the Virginia Beach Innkeepers Association and $8,500
from the sale of mailing labels.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $96,439 are hereby appropriated to
the Department of Economic Development for the operation of the
Tourist Information Center as stated including the establishment
of 3 full-time personnel positions an,d 1 part-time position with
classes of employees to be determined by the City Manager.
BE IT FURTHER ORDAINED that this appropriation be financed
by a transfer of $55,000 previously budgeted as a Contribution to
the Chamber of Coumerce and by an increase in Estimated Revenues
of $41,439.
This ordinance shall be effective from July 1, 1980.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 11 day of August 11, 1980 19-.
First Reading:_ July 14, 1980 - -
Second Reading: August 11, 1980
8/11/80
-1 1 5-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $10,000 TO THE DEPARTMENT OF
PARKS AND RECREATION FOR ADVERTISING
COST AND INCREASE ESTIMATED REVENUES
FROM RECREATION CLASS FEES BY A LIKE
AMOUNT
WHEREAS, in the future the Beacon will bill as advertisement
all municipal schedules including class registration schedules
for the Department of Parks and Recreation, and
WHEREAS, for FY 81 the Department of Parks and Recreation
estimates the advertisement cost for class registration schedules
to be $10,000 and
WHEREAS, the Department of Parks and Recreation is increasing
recreation class fees in order to generate an additional $10,000
in revenue to offset this additional cost.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $10,000 be appropriated to the
Department of Parks and Recreation for advertising cost.
BE IT FURTHER ORDAINED that estimated revenues from recreation
class fees be increased by $10,000.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 11 day of August 19 80
First Reading: July 14, 1980
Second Reading: August 11, 1980
AS -1 0 -ION TE?-IT
S!@-@ iAl URE
-o FrRm,
1 80
1 1 6 -
ITEM II-J.3.b.1 ITEM #15455
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE ON FIRST READING the Ordinance to
increase the advance from the General Fund to the City Garage
Internal Service Fund by $45,000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
1 1 7-
AN ORDINANCE TO INCREASE THE
ADVANCE FROM THE GENERAL FUND
TO THE CITY GARAGE INTERNAL
SERVICE FUND BY $45,000
WHEREAS, the c6st of the City Garage inventory rose by
over $45,000 in the 1980 fiscal year; and,
WHEREAS, this investment in inventory has created in the
City Garage Internal Service Fund an insufficiency in operating
ca.sh; and,
WHEREAS, an increase of $45,000 in the advance from th@
General Fund to the City Garage will offset the present imbalance
and provide the City Garage with the flexibility to operate
effectively.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the advance from the General Fund to the City
Garage Internal Service Fund be increased by $45,000.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
FIRST READING: August 11, 1980
SECOND READING:
8/11/80
-11 8-
ITEM II-J.3.b.2 ITEM #15456
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate $3,124,853 for fiscal year 1981 for the payment of
purthase orders brought forward from fiscal year 1980.
Vot ing 11-0
douncil Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
1 1 9 -
AN ORDINANCE TO APPROPRIATE $3,124,853
FOR FISCAL YEAR 1981 FOR THE PAYMENT
OF PURCHASE ORDERS BROUGHT FORWARD
FROM FISCAL 1980
WHEREAS, during the course of business in fiscal year 1980,
purchase orders or contracts were issued committing the City to
purchases of materials, supplies, equipment or services for use by
several departments, divisions, or bureaus; and,
WHEREAS, these purchase orders for contracts were charged
to approp r iations pre viously authorized for the f isca l year ended
June 30, 1980 so as to reduce the unencumbered balance of those
appropriations; and,
WHEREAS, on June 30, 1980, there were purchase orders or
contracts totaling $3,124,853 for which materials, supplies, equipment
or services had not been delivered or invoiced.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, that the funds totaling $3,124,853 unexpended and
represented by purchase orders outstanding on June 30, 1980, be
reappropriated as additions to fiscal 1981 appropriations to the
respective departments, divisions, or bureaus of the City so that
upon delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds
shall be appropriated from the following respective fund balances:
General $1,850,019
Water and Sewer 712,157
Golf Courses Enterprise 97
Law Library 271
School Operating 562,309
Total Appropriations $3,124,853
This Ordinance shall be effective from date of adoption.
FIRST READING: August 11, 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
8/11/80
-120-
ITEM II-J.3.b.3 ITEM #15457
Upon mation by Councilman Merrick, seconded by Councilman Standing,
City Council voted to DEFER FOR ONE WEEK the Ordinance to appropriate
funds for additional positions and related appropriations to the
Department of Social Services.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/11/80
1 2 1 -
AN ORDINANCE TO APPROPRIATE FUNDS
FOR ADDITIONAL POSITIONS AND RELATED
APPROPRIATIONS TO THE DEPARTMENT OF
SOCIAL SERVICES.
WHEREAS, the Department of Social Services had experienced
a large increase in food stamp and public assistance applications;
and,
WHEREAS, this increase requires fifteen (15) additional
personnel positions in order to process these applications within
federally prescribed time frames; and,
WHEREAS, funds required for these positions and accompanying
expenses are as follows:
Salaries $124,601
Fringe Benefits 25,800
Office Supplies 3,930
Capital Outlay 2 5 , 9 7 5
Total $180,306
WHEREAS, the above request has been submitted to the Virginia
State Department of Welfare for their 80% participation; and,
WHEREAS, these positions and appropriation. are contingent
upon State approval and will be adjusted if their approval is less.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $180,306 be appropriated to the
Department of Social Services for the above request contingent upon
State approval. This appropriation is to be financed by an increase
in Estimated Revenues from the Commotlwealth of $144,245 and by $36,061
from the General Fund Balance.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
FIRST READING:
SECOND READING:
DEFERRED: August 11, 1980
8/11/80
1 2 2-
ITEM II-J.c.1 ITEM #15458
Suburban Grading and Utilities, $151,020.60
Incorporated
Jessee Construction $155,392.50
E. V. Williams Company $157,860.00
T. H. Wiggins Company $179,595.00
D. J. W. Construction Company $184,970.33
Inner View, Limited $212,940.85
Consultant's Estimate $195,996.00
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to APPROVE the low bid of Suburban Grading and
Utilities, Incorporated, in the amount of $151,020.60, for the con-
struction of the Salem Road Bridge Replacement; and, further authorized
the City Manager to enter into the necessary agreements for the
implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
8 11 80
1 2 3 -
Council Members Absent:
None
ITEM II-M.1 ITEM #15459
Upon motion by Councilman Ervin, seconded by Councilman Standing,
and by UNANIMOUS vote, the meeting adjourned at 4:50 p.m.
Diane M. Hickman, Deputy City Clerk
N-
E(uth Hodges @mittr-Cfty Clerk a@yorluenrk MNyl D.S.
City of Virginia Beach,
Virginia
11 August 1980
h
8/11/80