HomeMy WebLinkAboutJANUARY 5, 1987 MINUTES
(2 it c 3f NTi 1-"- i I I i-@ L3@ -- l@l i
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G JONES, A@ L.,g,
VICE MAYOR MEYERA E. OBERNI)ORF, Al L.,g,
ALBERT W BALKO, Ly@@h ... @ B,@-gh
JOHN A BAUM, Bi-k.." B-,h
R013ERT E FENTRE , Vigi@i. B ... h @@.gh
IIAROLL) HEISCHOBER, Al L,,,
BARBARA M HENI-EY, P.@g@ B,@.gh
REBA S kf@L-4NAN, Pi@,,, A@@, P--.gh
JOHN D WO@, K,.,-ii, @--gh VIRGINIA B@ CITY MWIL
NANCY K PAPKER, Al L,,g,
jOliN L PERRY By,id, gh 281 CaT HALL BUILDING
MUNICIPAL CENTER
R(JTH HODGES SMITH. (@MC, (:i', Cl-@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456- 2
(804) 427-@303
January 5, 1987
ITEt4 I. IL CONFERENCE SESSION: - Conference Rom - 12:30 PM
A. CITY COUNCIL CONCEMS
ITEM II. INFO@ SESSION: - Conference Rom - 1:00 PM
A. CALL To ORDER - Mayor Robert G. Jones
B. ROLL OF COUNCIL
C. @ION To RECESS INTO EXECUTIVE SESSION
ITEM III. FOMN SESSION: - Council rs - 2:00 PM
A. I IoN: Reverend Robert A. Laws-
Providence Presbyterian Church
B. PLEDGE OF ALLERIANCE To THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADC)PTION OF ITEMS FOR THE FO@ AGENDA
E. MINUTES
1. INFOPMU & FORMAL SESSIONS: December 22, 1986
F. PIJBLIC HEARIM
1. PLANNIW.
a. RECONSIDERATION of the application of Steven H. Davidson for a
Conditional Use Pemit for a single faffnily li in the AG-1
Agricultural District on a 13-acre parcel located on the east
side of Princess Anne Road, south of Pungo Ferry Road, approved
October 14, 1985, with a condition for road reservation (Pungo
Borough).
This itern was DEFERRED November 17, 1986 and December 22, 1986.
Recomendation: NONE
b. Application of Green Hill by the Bay Condeminim Association for
a conditional Use Perrnit for a pier on certain property locatp-d
at the northern eitre-mity of Lovett's Pond Lane containing 8,712
square feet niore or less (Lynnhaven Borough).
This item was DENIED August 2, 1982.
Recomendation: APPROVAL
c. Application of HopIn Food Stores, Inc. for a Conditional Use
Permit for qasoline sales in conjunction with a convenience store
Toca-ted at 1196 Indian Lakes Boulevard containing 25,831 square
feet (Kernpsville Borough) .
Recomendation: DENIAL
d. Application of Fratemal order of Police (F.O.P. @e #28)
located at 4301 Bomey Road containing 1.62 acre (Kemsville
Borough):
Change of Zonina frctn R-6 Residential District to 0-1 office
District;
AND,
Conditional Use Perrnit for an F.O.P. @ e.
Rec@ndation: DENIAL for both iteins
e. ordinance closing, vacating and discontinuing a portion of an
unnamd 40-foot right-of wa in the petition of Marc-Lynn
Associates (Lynnhaven Boro@g@h).
Reccmendation: DENLAL
f. ordinance closing, vacating and discontinuing a portion of
Huntsrnan Drive in the petition of Hudgins & Associates (Lynnhaven
Borough).
Rec@ndation: DENIAL
G. RESOLUTIONS
1. Resolution authorizing and directing the Zoning Adrninistration
officer to appeal the decisions of the Board of Zoning Appeals in
granting certain variances regarding Billboards on December 17, 1986.
2. Resolution to provide direction to the City Manager to proceed with
plans and doc@nts necessary to inplerrent the Atlantic Avenue
circulation and Demnstration Project.
H. CONSEW AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Cc)uncil and will be enacted by one
motion in the form listed. if an item is remved frcm the Consent
Aqenda, it will be discussed and voted upon separately.
1. ordinance to amend and reordain Section 21-371 of the City Code of
the City of Virginia Beach, virginia, parking in space reserved for
haridicapped persons.
2. ordinance upon SECOND RFADIM to appropriate to the Davis Corner Fire
Department/RescuL, Squad, Inc. $30,000 for a new ambulance.
3. ordinance upon FIRST READIM to appropriate $25,000 to the Departmsnt
of Mental Health, I*ntal @tardation and Substance Abuse for
inpatient altematives.
4. ordinance appointing viewers in petition of Bayville Farms Associates
for closure of a portion of Five Forks lbad.
5. ILW BID to Shoreline Contractors, Inc. in the anount of $114,200.00
for the construction of Landstown Pump Station Modifications - CIP
5-712.
6. ordinance authorizing tax refurids to the City Treasurer in the amount
of $2,476.74.
7. ordinance authorizing license refunds to the Ccmissioner of Revenue
in the amount of $7,891.70.
i. APPOINTMENTS
25TH ANNIVERSARY CELEBRATION COMMITREE
BOARD OF BUILDING CODE APPEALS
Building Maintenance Division
Electrical Division
%w Construction Division
Pl @ ing & Mechanical Division
CONSTITUTION rAY COMMI = E
FRANCIS LAND HOUSE BOARD OF GOVERNORS
J. UNFMSHED BUSINESS
K. NEW BUSINESS
1. Cancel/Reschedule Meting of February 16, 1986, (City Holiday) GEORGE
vasE IS BIRTEMY.
2. Interiin Financial Statements for the Period July 1, 1986, through
November 30, 1986.
L. AW
VIRGINIA BEACH CITY COUNCIL
ALL SESSIONS
SCHEDULED F'OR
Y, jANuARY 19, 1987
HAVE BEEN DULED
TO
TUESDAY, JANUAYff 20, 1987
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 5, 1987
The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
JanuarY 5, 1987, at 12:00 NOON.
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Reba S.
McClanan, John D. Moss, Nancy K. Parker, and John L.
Perry
Council Members Absent:
None
- 2 -
M A T T E R S B Y M A Y 0 R
ITEM # 26628
The Mayor referenced City Council's goals and objectives to be accomplished
within the coming year. The Mayor wished advice concerning priorities.
The Mayor specified the HMP (Councilwoman Henley, McClanan and Parker)
Committee's endeavors in behalf of the COMPREHENSIVE ZONING ORDINANCE as a
major accomplishment.
ITEM # 26629
Concerning his own envisions, the Mayor advised he wished an updating of the
COMPREHENSIVE PLAN for the COURTHOUSE-SANDBRIDGE STUDY AREA particularly in
repect to the construction of the Southeastern Expressway through the entire
length of said Study Area. If same is constructed, this would have enormous
impact on land use withi.,i that area of the City.
ITEM # 26630
The Mayor also advised the LAKE GASTON project was most certainly a high
priority and all preparations must be documented for construction of said
project, if a BOND REFERENDUM is to be brought before the Public in November.
ITEM # 26631
The Mayor referenced a review of the Council's BOARDS AND COMMISSIONS. Some of
these Boards are appointed, but City Council does not retain close contact with
their accomplishments. Regarding the additional creation of BOARDS AND
COMMISSIONS, the City should have its own Committee relative BEAUTIFICATION for
continued enhancement of the Community.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 26632
Councilman Balko advised PENN STATE is NUMBER ONE. Councilman Balko requested
D. J. Dozier be recognized for his outstanding performance, perhaps a
PROCLAMATION or RECOGNITION. Councilman Baum advised PENN STATE played as a
team, not as individual stars. William H. (D.J.) Dozier, TI received the MAURY
RIGANTO MEMORIAL AWARD from City Council on May 23, 1983. Vice Mayor Oberndorf
referenced his sincerity concerning his religious beliefs.
ITEM # 26633
Herman IIJRII Reid, Jr. was also mentioned by Vice Mayor Oberndorf and Councilman
Heischober. IIJRII Reid, "TIDEWATER PLAYER OF THE YEAR", received a RESOLUTION OF
RECOGNITION for being named to the first team of the Twenty-Ninth Annual PARADE
"All-American Basketball Team" on June 24, 1985. IIJRII is now at the University
of North Carolina.
ITEM # 26634
Councilman Baum referenced the update of the GOMPRERENSIVE ZONING ORDINANCE but
added much more than an update is required of the PUNGO/BLACKWATER area and the
future for Agriculture in this aforemetioned area. In addition to the CZO
addressing this, perhaps the Southeastern Planning District Commission could
address same with an update provided to City Council by the representatives of
VPI, as well.
Councilwoman Henley referenced the package of Administative Goals and advised
the Farmettes were thriving in Pungo. Councilwoman Henley advised of one very
poor piece of land that comprised 3-3/4 acres which sold for $55,000. The
values are substantial for a farmette development on Land Mangement Property
and the effect that might have on the future needs should be investigated as
well.
ITEM # 26635
The Capital Projects, particularly roads, needs to move forward expeditiously
with progress being monitored by City Council. This is most important as
Citizens are paying higher taxes.
Councilwoman Henley also expressed concern relative some of the School Projects
and believed projects on the 1985 REFERENDUM have not progressed very far.
Councilwoman Henley believed the Center for Effective Learning was urgent and
OnlY $45,000 has been encumbered for the $6-MILLION appropriation. Councilwoman
Henley also referenced the Princess Anne High School modernization has only
$438,000 encumbered at this time and air conditioning was a part of this
modernization.
ITEM # 26636
Councilwoman Henley further referenced priortizing of beaches concerning sand
replenishment by January 15, 1987. Perhaps before purchase of waterfront
properties, citizens should be forewarned. Councilwoman Henley also inquired as
to the City's responsibility to the citizens who reside on Oceanfront Property
and how much of the damage was covered by the Federal Flood Insurance and the
ultimate liability of the Federal Insurance Program.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 26637
Councilwoman Henley reiterated the MISSION STATEMENT for 1986 The City of
Virignia Beach exists to provide governmental services to residents in an
efficent and effective manner."
Councilwoman Henley requested the City must police the CAMPGROUPS to ensure
they are not utilized as permanent residential facilities; however, does the
City have the necessary manpower to enforce same. Councilwoman Henley was
concerned with the high traffic fatality rate in Vriginia Beach
ITEM # 26638
The City Manager advised of an ADD-ON to today's City Council AGENDA concerning
a Resolution Declaring an Emergency in the SANDBRIDGE AREA of the City as a
result of the New Year's Day Storm, 1987.
Vice Mayor Oberndorf referenced if there was technology for the nourishment of
the Beach which would enable the sand to stay there for a reasonable amount of
time. If this is an environmentally fragile area, what rights under the
Constitution do these people have to continue to build there or can the
Government say it is impossible to maintain and there can be no building there?
This issue should be investigated concerning the cost ratio if the public can
design a beach, maintain it and nourish it, or would it be in the long run
beneficial because of Mother Nature @lo have certain areas remain natural and
not be developed.
ITEM # 26639
Vice Mayor Oberndorf further referenced the teamwork involved in the PENN STATE
victory and based upon the fine comments by Members of City Council, the idea
of STRATFGIC PLANNING occurred to her once more for the Council as a policy
making body. This would entail using a facilitator to work with City Council.
City Council could convene as a body in an all-day session observing the issues
important to all Members, set goals and prioritize same.
ITEM #26640
Councilman Moss reiterated concerns relative the growth of the Operating
Budget, independent of the new Capital Improvement Projects requiring personnel
and other similar situations, the City hold the Prior Base to grow no faster
than the Consumer Price Inflater Index to be more in keeping with the growth
and the income of the residents who reside within the City. Councilman Moss
also referenced the Housing Stock Preservation concerning legal authority to
proceed with same. This item might be beneficial to include in the July 1
OPERATING BUDGET.
ITEM # 26641
Councilman Moss further advised his main priority would entail the Direct
Election of the School Board. Councilman Moss requested the City Attorney's
office to place in legal form a draft of a Charter Amendment concerning same.
- 5 -
C I T Y C 0 U N C I L 0 0 N C E R N S
(Continued)
ITEM # 26642
Councilman Moss also expressed concern relative productivity and layering of
the EXECUTIVE BRANCH and perhaps the need for a possible reoganizational
structure.
ITF14 # 26643
Councilwoman Parker requested a WORKSHOP with the TNDUSTRIAL DEVELOPMENT
AUTHORITY to identify their projected goals and in which direction they are
going for in 1987. Because of new changes in tax laws, the City's thinking
might have to be readjusted.
ITEM # 26644
Councilwoman Parker referenced a BACK BAY DISTRICT OVERLAY. This will be on the
list of the HMP Committee.
ITEM # 26645
Councilwoman Parker also referenced the Clean Water Management Act and the
financial impact upon the City. The City Manager advised said information was
being developed by the Staff based upon the fact the ACT was VETOED by the
President. Now, the City is back to the original rules and regulations. The
NLC has estimated same will be in excess of $8,000 per outfall point that must
be permitted by the EPA, which would be expensive. For the permitting process,
the City must begin monitoring the type of water that comes from the outfalls
within thirty minutes after a rainfall begins and a sample of same acquired to
ascertain what types of chemicals are in the water and what needs to be
accomplished. Councilman Baum requested that as Staff was investigating same ,
a determination be made relative the effect this would have on agricultual land
drainage.
Vice Mayor Oberndorf advised she had drafted letters to all the representatives
in Congress from the State of Virginia requesting that when the new session
commences, they please respond as to whether they will support the new CLEAN
WATER Bill. This new legislation would override the VETO.
TTEM # 26646
Councilman Fentress requested City Council proceed ahead with discussions with
the INDUSTRIAL DEVELOPMENT AUTHORITY, the first part of the year.
ITEM # 26647
Councilman Fentress wished Council would review and ADOPT a MASTER DEVELOPMENT
PLAN for the Municipal Center Report dated March 1986, as well as discuss
proper funding.
IT@l # 26648
Councilman Fentress also requested further information from the Staff, if their
studies justified State Assumption of the Juvenile Court Service Unit. This had
been WITHDRAWN from the 1987 LEGISLATIVE PROPOSALS and n,,ore accurate figures
depicting the Net City Savings of Virginia Beach were to be presented before
the Legislators reconvened.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
TTEM # 26649
Councilman Perry requested this year in making the City's decisions, City
Council reflect upon the effect of their decisions on the lives of those before
them, there be an upward mobility of minorities, the Streets, Water and Sewer
in all the TARGET AREAS, and the roads in the rural areas be brought up to the
standards of the City, and the stigma of racism be eliminated, apparant in some
forms of government in Virginia Beach. All Members of City Council will
hopefully be slow to praise and condemn until fully aware of the facts.
ITEM # 26650
Councilman Heischober referenced the need for Elderly Housing. Councilman
Heischober advised their was a misconception of the Citizens concerning the
OPERATING BUDGET vs. the CAPITAL IMRPOVEMENT PROGRAM. Many believe both
documents are the same. As soon as the City can make the first year of the
CAPITAL IMPROVEMENT PROGRAM's Expenditures part of the OPERATING BUDGET's
consideration, the better off the City will be.
CITY COUNCIL RECESSED at 12:55 P.M- for a PHOTOGRAPH of the entire Council.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
Teh Mayor RECONVENED the CONFERENCE SESSION at 1:05 P.M. in the Conference
Room.
ITEM # 26651
The City Council discussed the COMPREHENSIVE ZONING ORDINANCE with respect as
to a total revision or just an update.
Councilwoman Henley believed that this would be a two step process with the
first part being just a format revision. The other would entail the major
indepth Zoning Categories.
Councilman Fentress believed the Staff and the Planning Commission were going
to investigate the Zoning Categories especially with reference to the
elimination of A-4-
The Mayor advised the most modern Zoning Ordinances were necessary for the City
of Virginia Beach. The HMP Committee might very well wish a CONSULTANT to
assist the Council in devising same. The City Manager advised the Planning
Staff and the Research Department might prepare exactly what the CONSULTANT
would research.
Councilwoman Baum requested perhaps the exact action of the Planning Commission
concerning the CZO be emphatically stated by the HMP COMMITTEE. Councilman
Baum requested copies accompanied by suggestions of firm direction by
categories be prepared for City Council.
Councilwoman McClanan referenced there should be standard conditions entailed
with the granting of the Conditional Use Permits.
Councilman Perry referenced Lake Smith, Gracetown and Reedtown which were zoned
approximately fifty (50) years ago. The City Attorney will assist Councilman
Perry in drafting an Ordinance relating to same.
- 8 -
ITEM # 26652
The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City flall Building, on Monday,
January 5, 1987, at 1:30 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 9 -
ITEM # 26653
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- iu -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
January 5, 1987
2:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, JanuarY 5,
1987 at 2:10 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Robert A. Lawson
Providence Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 11 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 26654
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item III-D.1 ITEM # 26655
Councilwoman McClanan referenced LOW BID to Shoreline Contractors, Inc. in the
amount of $114,200.00 for the construction of Landstown Pump Station
Modifications - CIP 5-712. (See Item III-H-5 of the CONSENT AGENDA).
This item will be pulled for discussion.
Item III-D.2 ITEV # 26656
Councilman Moss referenced an ADD-ON item under NEW BUSINESS. Councilman Moss
will sponsor Rae LaSesne.
Item III-D-3 ITEM # 26657
The City Manager referenced an ADD-ON item under NEW BUSINESS concerning A
RESOLUTION DECLARING AN EMERGENCY IN THE SANDBRIDGE AREA OF THE CITY AS A
RESULT OF THE NEW YFARIS DAY STORM, 1987.
Item III-D.4 ITEM # 26658
Councilman Baum referenced a BEACON article concerning MOUNTAIN BIKES. This
item will be added under NEW BUSINESS.
1 2
Item III-E.1
MINUTES ITEM # 26659
Upon motion by Councilwoman Heischober, seconded by Vice Mayor Oberndorf, City
Council APPROVED the MINUTES of the INFORMAL & FOR@IAL SESSIONS of December 22,
1986 as CORRECTED:
Page 22, ITEM # 266io, ORDINANCES:
Ordinance to amend and reordain Section 37-7.1 of the
Code of the City of Virginia Beach, Virginia,
pertaining to Water Resource Recovery Fees generally
at a rate of $75 per D.F.U effective January 1, 1987.
The Vote was INCORRECTLY recorded. Vice Mayor
Oberndorf voted NAY not AYE.
The Vote should correctly read:
Voting: 10-1.
Page 47, ITEM # 26627, ADJOURNMENT:
City Council ADJOURNED the Meeting at 12:46 P.?4.
A.M.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item III-F.l.a-9
PUBLIC HEARING
PLANNING ITF14 # 26660
Mayor Jones DECLARED a PUBLIC HFARING on:
PLANNING ITEMS
a. STEVEN H. DAVIDSON VARIANCE
b. GREEN HILL BY THE BAY CONDOMINIUM CONDITIONAL USE PERMIT
c. HOP-IN FOOD STORES, INC. CONDITIONAL USE PERMIT
d. FRATERNAL ORDER OF POLICE CHANGE OF ZONING AND
(F.O.P. Lodge #28) CONDITIONAL USE PERMIT
e. MARC-LYNN ASSOCIATES STREET CLOSURE
f. HUDGINS & ASSOCIATES STREET CLOSURE
- 14 -
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 26661
Steven Davidson, the applicant, represented himself and advised his Attorney
William Burnside and the City Attorney's Office had concurred in principle to
an agreement. Mr. Davidson requested DEFERRAL to enable review of said
document.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of February 2, 1987, RECONSIDERATION of
the Reservation approved October 14, 1985 in the application of STEVEN H.
DAVIDSON for a Conditional Use Permit for a single-family dwelling.
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
property located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parcel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
This Ordinance was ADOPTED on October 14, 1985.
The following condition will be RECONSIDERED:
1. A reservation of right-of-way thru this parcel to
provide for an ultimate 94-foot right-of-way for
Princess Anne Road Relocated in accordance with the
Master Street and Highway Plan and the "Princess
Anne Road at Pungo Ferry Road" preliminary
alignment on file in the City Engineer's Office.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
5
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM 26662
Raymond J. Whelahan, President of Green Hill By the Bay Condominium Association,
represented the applicant and advised approval was received by the CORPS OF
ENGINEERS.
Tom B. Langley, Civil Engineer, represented Green Hill By the Bay Condominium
Association and presented Exhibits A - E (Existance of Common Element, 20
Slip-Marina, Difference between today's proposal and Proposal Denied August 2,
1982, enlarged drawing of the @laterfront Properties, as well as Rules and
Regulations of the Association Pier.) Said Exhibits are hereby made a part of
record.
Stephen Lindsey, Property owner, spoke in support of the application
OPPOSITION:
Ron Makela, represented the Great Neck Association of Civic Leagues
Attorney W. R. "Buster O'Brien, represented two of the adjacent land owners in
the Green Hill By the Bay Condominium Association, and some of the waterfront
owners on adjacent property.
Virginia Meredith, resident in Green Hill By the Bay
A motion was made by Councilman Balko, seconded by Councilwoman McClanan to
DENY an Ordinance upon application of Green Hill by the Bay Condominium
Association for a Conditional Use Permit for a pier on certain property located
at the northern extremity of Lovett's Pond Lane containing 8,712 square feet
more or less (Lynnhaven Borough).
A SUBSTITUTE MOTION was made by Councilman Perry to DEFER for sixty (60) days
an Oridnance upon application of Green Hill by the Bay Condominium Association
for a Conditional Use Permit for a pier on certain property located at the
northern extremity of Lovett's Pond Lane containing 8,712 square feet more or
less (Lynnhaven Borough). Said MOTION FAILED for a LACK OF A SECOND.
Upon motion by Councilman Balko, seconded by CouncilwoEan McClanan, City
Council DENIED an Ordinance upon application of GREEN HILL BY THE BAY
CONDOMINIUM ASSOCIATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GREEN HILL BY THE BAY
CONDOMINIUM ASSOCTATION FOR A CONDITIONAL USE
PEPJIIT FOR A PIER
Ordinance upon application of Green Hill by The Bay
Condominium Association for a Conditional Use
Permit for a pier on certain property located at
the northern extremity of Lovett's Pond Lane. Said
parcel contains 8712 square feet more or less.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
- i6 -
item III-F.l.b
PUBLIC HEARING
PLANNING ITEM # 26662 (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,*
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Mayor Robert G. Jones and John L. Perry"
Council Members Absent:
None
*Verbal Vote
1 7
Item III-F.l.c.
PUBLIC HEARING ITFAM # 26663
PLANNING
Robert Woodard, Vice President of the Stratford Chase Civic League, registered
in OPPOSITION
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
DENIED an Ordinance upon application of HOP-IN FOOD STORES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE
SALES IN CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of Hop-In Food Stores,
Inc. for a Conditional Use Permit for gasoline
sales in conjunction with a convenience store at
the northeast corner of Indian Lakes Boulevard and
Pleasant Valley Road. Said parcel is located at
1196 Indian Lakes Boulevard and contains 25,831
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM 26664
Attorney R. J. Nutter represented the applicant and presented a revised
AGREEI@IENT stating the use of the property shall be restricted to a Fraternal
Order of Police Lodge. No other use can exist on this property.
Sergeant Thomas T. Herring, President of the FRATERNAL ORDER OF POLICE LDOGE
NO. 28, also represented the applicant
Joseph Miskell, resident of Bonney Road, also spoke in support of said
application
The City Clerk referenced a letter from Commodore Lodge #3, Fraternal Order of
Police, in support of said applicantion. Said letter is hereby made a part of
the record.
A MOTION was made by Councilman Moss, seconded by Councilwoman McClanan to DENY
an Ordinance upon application of Fraternal Order of Police (F.O.P. Lodge #28)
located at 4301 Bonney Road containing 1.62 acre (Kempsville Borough) for a
Change of Zoning from R-6 Residential District to 0-1 Office District; AND, a
Conditional Use Permit for an F.O.P. Lodge.
A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman Perry
to ADOPT Ordinances upon application of the Fraternal Order of Police (F.O.P.
Lodge #28) located at 4301 Bonney Road containing 1.62 acre (Kempsville
Borough) for a Change of Zoni@ from R-6 Residential District to 0-1 Office
District; AND, a Conditional Use Permit for an F.O.P. Lodge.
Voting: 4-7 (MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober
and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 19 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 26664 (Continued)
Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council
DENIED Ordinances upon application of the FRATERNAL ORDER OF POLICE (F.O.P.
LODGE #28):
ORDINANCE UPON APPLICATION OF FRATERNAL ORDER OF
POLICE (F.O.P. LODGE #28) FOR A CHANGE OF ZONING
DISTRTCT CLASSIFICATTON FROM R-6 TO 0-1
Ordinance upon application of Fraternal Order of
Police (F.O.P. Lodge /t28) for a Change of Zoning
District Classification from R-6 Residential
Distirict to 0-1 Office District on the south side
of Bonney Road, 210 feet more or less east of South
Fir Avenue. Said parcel is located at 4301 Bonney
Road and contains 1.62 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF FRATERNAL ORDER OF
POLICE (F.O.P. LODGE #28) FOR A CONDITONAL USE
PERMIT FOR AN F.O.P LODGE
Ordinance upon applcation of Fraternal Order of
Police (F.O.P Lodge #28) for a Conditional Use
Permit for an F.O.P. Lodge on the south side of
Bonney Road, 210 feet more or less east of South
Fir Avenue. Said parcel is located at 4301 Bonney
Road and contains 1.62 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, Harold Heischober, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
John A. Baum, Robert E. Fentress and John L. Perry
Council Members Absent:
None
- 20 -
Item ITT-F.l.e
PUBLIC HFARING
PLANNING ITEM # 26665
Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL.
OPPOSITION:
Steve Doucette, resident of St. James Drive, was not in OPPOSITON to the
WITHDRAWAL
LCDR Petrie, represented NAS Oceana, and advised the Navy was in agreement
with any plan that will allow continued access to Government property and
the Navy was not in OPPOSITION to the Withdrawal.
Ross Barnes, resident of Salt Marsh Point, was opposed to another road coming
in from South Birdneck.
Rosa Lee Norman, represented the Birdneck Civic League and was OPPOSED to the
opening of Birdneck Road
Candie Palen, resident of Salt Marsh Point
The City Clerk referenced letters in OPPOSITION from residents of the Salt
Marsh Point Subdivision. (Said letters are hereby made a part of the
record.)
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of MARC-LYNN
ASSOCIATES for the discontinuance, closure and abandonment of aportion of an
unnamed 40-foot right-of-way.
Application of Marc-Lynn Assoicates for the
discontinuance, closure and abandonment of a
portion of an unnamed 40-foot right-of-way as shown
on the plat entitled "Portion of 40' Unnamed Street
as Shown on Plat Entitled Property of Thomas Lamb
Located Near Seatack, M.B. 20, P-32, Lynnhaven
Borough, Virginia Beach, VA." Parcel is located
125.66 feet east of South Birdneck Road, 300 feet
South Birdneck Road, 300 feet South of Hughes
Avenue and contains 12,000 square feet more or
less. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item III-F.l.f
PUBLIC HEARING
PLANNING ITE14 # 26666
Attorney Robert Cromwell represented the applicant
Upon motion of Councilman Balko, seconded by Councilman Fentress, City Council
DEFERRED for Compliance of Conditions until the City Council Meeting of July
13, 1987, an Ordinance upon application of HUDGINS & ASSOCIATES for the
closure, abandonment and discontinuance of a portion of Huntsman Drive.
Application of Hudgins and Associates, a Virginia
Corporation, for the discontinuance, closure and
abandonment of a portion of Huntsman Drive
(formerly Denver Avenue) beginning at the northern
boundary of Brant Road and running a distance of
170 feet more or less in a northerly direction.
Said parcel contains 9,000 square feet more or
less. LYNNHAVEN BOROUGH.
1. Dedication of the utility easements and right-of-way.
2. Replace existing gravity sewer pipe with ducktoe
iron pipe.
3. Closure of this right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,*
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor
Meyera E. Ober-,idorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
21 a -
ORDItIANCE NO.
IN THE @IATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS HUNTSMAN DRIVE, LOCATED IN THE
LYNNHAVEtl BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THAT CERTAIN PLAT ENTITLED, "STREET CLOSTJRE PLAT PORTION
OF EIUNTSMAN DRIVE (FORMERLY DENVER AVE.)", WHICII PLAT IS RECORDED
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by Hudgins and Associates, Inc., a Virginia
corporation, that it would make application to the Council of the
City of Virginia Beach, Virginia, on December 3, 1984, to have
the hereinafter described portion of said street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that said portion
of 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 portion of said street
be discontinued, closed and vacated:
ALL THAT certain part or portion of Huntsman Drive,
(formerly Denver Avenue), being and located in the City
of Virginia Beach, Virginia, and being more particu-
larly described as follows,: Beginning at a point which
point is the southeastern corner of Lot 16, Block 5, as
shown on that certain plat entitled "Street Closure
Plat Portion of Huntsman Drive (Formerly Denver Ave.)",
which plat is dated 28 February, 1984; from said point
of beginning, thence N 06@ 35' 39" E 155.111 to a
point; thence S 401 241 3111 E 15.601 to a point; thence
N 621 231 18" E 46.67' to a point; thence S 06@ 351 39"
W 170.70' to a point; thence N 831 241 21" W 50.001 to
the point of place of beginning.
Said parcel of land being a portion of Huntsman Drive, as
indicated on that certain plat of property entitled "Street
Closure Plat Portion of Huntsman Drive (Formerly Denver Ave.)"
which plat is recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Map Book _, at
page and which is made a part hereof by reference.
january 5, 1987
21b -
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
2
January 5, 1987
- 22 -
Item III-G.1
RESOLUTIONS ITEM # 26667
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Resolution authorizing and direct!-ng the Zoning
Administration Officer to appeal the decisions of
the Board of Zoning Appeals in granting certain
variances regarding Billboards on December 17,
1986.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 22a -
A RESOLUTION AUTHORIZING AND DIRECTING
THE ZONING ADMINISTRATION OFFICER TO APPEAL
THE DECISIONS OF THE BOARD OF ZONING
APPEALS IN GRANTING CERTAIN VARIANCES
REGARDING BILLBOARDS ON DECEMBER 17, 1986
WHEREAS, the Board of Zoning Appeals, on December 17,
1986, granted a variance to Dimitrios T. Kouloukis and Edwin B.
Lindsley, Jr., allowing a variance of 16 feet to a 34-foot
setback for a billboard on Site B, Subdivision of Parcel 3,
Euclid Place; and
WHEREAS, the said Board did also on that date grant
variances to F. Donald Reid, Rubin I. Hedspeth, and Edwin B.
Lindsley, Jr., allowing variances of 21 feet to a 29-foot set-
back, 14 feet to a 36-foot setback, and allowing a billboard to
be on improved property;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Zoning Administration officer be, and hereby
is, authorized and directed to appeal the aforesaid decision to
the Circuit Court of the City of Virginia Beach and to undertake
all necessary or advisable measures incident thereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 5 day of January 198 7
WMM/cb
12 / 2 3/86
January 5, 1987
- 23 -
Item III-G.2
RESOLUTIONS ITEM # 26668
Timothy Barrow, represented the Joint Resort Advisory Commission
Robert Vakos was present, representing the Hotel-Motel Association
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution to provide direction to the City Manager
to proceed with plans and documents necessary to
implement the Atlantic Avenue Circulation and
Demonstration Project.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, John D.
Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harold Heischober
- 23a -
RESOLUTION TO PROVIDE DIRECTION TO THE CITY MANAGER TO PROCEED WITH
PLANS AND DOCUMENTS NECESSARY TO IMPLEMENT THE ATLANTIC AVENUE
CIRCULATION AND DEMONSTRATION PROJECT
WHEREAS, City Council resolution, dated December 16,
1985, directed the Resort Ar@a Advisory Commission to prepare a
re3ort circulation proposal for city staff review and submission to
City Council for con3ideration; and
WHEREAS, that this proposal represents a major consensus
commitment fi,om the Joint Circulation Committee of the Resort Area
Advisory Commission and the Virginia Beach Hotel/Motel Association;
and
WHEREAS, the City Council during their informal meeting
of December 15, 1986 were pre3ented the proposal orally, along with
graphics and di3plays for the purpose of general familiarization;
and
WHEREAS, an approved Capital Improvement Program has the
necessary available funds to provide a demon3tration of the
proposal within a section of Atlantic Avenue referred to as
"Superblocks".
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That it hereby expreSSe3 its de3ire to proceed with the
initial pha3e of a long range program for in3talling a circulation
system and demonstration project on and along Atlantic Avenue
between Rudee Inlet and 44th Street.
Adopted by the Council of the City of Virginia Beach,
Virginia on January 5 1 1987.
- 24 -
Item III-H.
CONSENT AGENDA ITF14 # 26669
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVE-D in ONE MOTION Items 2, 3, 6 and 7 of the CONSENT AGENDA:
Items III-H. 1, 4, and 5 were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 25 -
Item III-H.1
CONSENT AGENDA ITEM # 26670
Steve Johnson, Chairman of the Mayors' Committee on the Handicapped spoke in
support of this Ordinance.
Chief Charles Wall also responded to City Council's inquiries concerning thia
Ordinance.
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
DEFERRED INDEFINITELY:
Ordinance to amend and reordain Section 21-371 of
the City Code of the City of Virginia Beach,
Virginia, pertaining to parking in spaces reserved
for handicapped persons.
This DEFERRAL will enable the AMENDING of said Ordinance to include the
special "handicapped license plate". The minimum fines should also be
identified on the above grade signs which indiciated said spaces are reserved
for the handicapped. This would assist in educating the public. City Councl
also requested three (3) city working days be changed to five (5) calendar days
in connection with the penalty of twenty-five dolars ($25-00).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 26 -
Item III-H.2
CONSENT AGENDA ITEM # 26671
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance to appropriate to the Davis Corner Fire
Department/Rescue Squad, Inc. $30,000 for a new
ambulance.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 26a -
AN ORDINANCE TO APPROPRIATE
TO THE DAVIS CORNER FIRE DEPARTMENT
A,ND RESCUE SQUAD, INC. AN AMOUNT
OF $30,000 FOR A NEW AMBULANCE
WHEREAS, the Davis Corner Fire Department and Rescue
Squad, Inc. has indentified the need to replace an ambulance, and
WHEREAS, a new ambulance which will better serve the
needs of the citizens within the service area will cost
approximately $30,000, and
WHEREAS, the Davis Corner Fire Department and Rescue
Squad, Inc. has requested $30,000 for this purpose and City
Council considers it appropriate to make this amount available
for such a purpose.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds of $30,000 be appropriated
from the General Fund Balance to the Davis Corner Fire Department
and Rescue Squad, Inc. for the purchase of a new ambulance. It
is anticipated that these funds will be repaid on the following
schedule:
July 1, 1987 $10,000
July 1, 1988 10,000
July 1, 1989 10,000
Total $30,000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia on 5 day of January 198*.7
FIRST READING: December 22, 1986
SECOND READING: Janaury 5, 1987
Janaury 5, 1987
Item III-H-3
CONSENT AGENDA ITEM # 26672
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED upon FIRST READING:
Ordinance to appropriate $25,000 to the Department
of Mental Health, Mental Retardation and Substance
Abuse for inpatient alternatives.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 27a -
AN ORDINANCE TO APPROPRIATE $25,000
TO THE DEPARTMENT OF MENTAL HEALTH,
MENTAL RETARDATION AND SUBSTANCE
ABUSE FOR INPATIENT ALTERNATIVES
WHEREAS, the Virginia State Department of Mental Health and Mental
Retardation continues to experience overcrowding problems at state facilities,
and
WHERFAS, the Department has approved a plan to address this problem by
providing additional funds to localities to develop local alternatives to care in
state facilities, and
WHERF-AS, the Department has allocated funds in the amount of $25,000 to
the City of Virginia Beach to develop inpatient alternatives for residents of
Virginia Beach, and
WHEREAS, the Community Services Board of Virginia Beach has determined
tbat these funds will allow purchase of needed additional local adult psychiatric
inpatient care during FY 86-87.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $25,000 be appropriated to the
Department of Mental Health, Mental Izetardation and Substance Abuse and that
anticipated revenue from the Commonwealth be increased by $25,000.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1986.
First Reading: January 5, 1987
Second Reading:
CAC/1 ORD22.bjm
- 28 -
Item III-H.4
CONSENT AGENDA ITEM # 26673
Attorney Mary Jane Inglesby represented the applicant
Upon motion by Councilman Perry, seocnded by Councilman Baum, City Council ADOPTED:
Ordinance appointing viewers in petition of
Bayville Farms Associates for closure of a portion
of Five Forks Road.
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr., Director of Public Works
Robert Scott Director of Planning
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 28a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Bayville Farms Associates, a Virginia Limited
Partnership, has given due and proper notice, in accordance
with the statutes for such cases made and provided that they
will on the day of 1 1987, apply to the City
r%L lel In
Council of the appointment of Viewers to view the below-
described property and report in writing to the Council
whether, in the opinion of said Viewers what, if any,
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street, and
has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral r-t, Jr.
Robert Scott and
David Grochml are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in
their opinion what, if any, inconvenience would result in
the discontinuing and vacating of a portion of the certain
street located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
Beginning at a point in the southern right-of-way
line of Shore Drive (Virginia Route 60), where the same
i-s intersected by the eastern right-of-way line of the
street to be vacated hereby (commonly known as Five
Forks Road) which point is S 74@321491, W a distance of
517.21 feet from the intersection of the southern
right-of-way line of Shore Drive and the western
right-of-way line of Baylake Driv(-,, the Point of
Beginning; thence from such Point of Beginning along
the eastern right-of-way line of Five Forks Road, S
27'54'17" W a distance of 579.35 feet to a point;
thence turning and running N 60159'04" W a distance of
30.01 feet to a point in the western right-of-way line
of Five Forks Road; thence along said western
right-of-way line of Five Forks Road N 27@54'17" E a
distance of 550.44 feet to a point located in the
southern riqht-of-way line of Shore Drive; thence along
said southern right-of-way line of Shore Drive N
74*32'49" E a distance of 41.26 feet to a point in the
January 5, 1987
- 28b
eastern right-of-way line of Five Forks Road, the Point
of Beginning. (Portion to be vacated is designated as
0.389 acres of Five Forks Road.)
All the above as shown upon that certain plat entitled, "Map
of Parcels c & D, Property of Bayville Farms, Inc. , Bayside
Borough, Virginia Beach, Virginia", which plat is attached hereto
and made a part hereof and intended t, b, recorded with the
Ordinance closing the aforedescribed street.
ADOPTED: Janaury 5, 1987
2
- 29 -
Item III-H.5.
CONSENT AGENDA ITEM # 26674
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
LOW BID to Shoreline Contractors, Inc. in the
amount of $114,200.00 for the construction of
Landstown Pump Station Modifications - r.1p 5 412
CIP 5-925.*
i@The City Manager advised of an error in the CIP Project Number.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Item III-H.6.
CONSENT AGENDA ITEM 26675
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, Ctiy
Council ADOPTED:
Oridnance authorizing Tax Refunds in the amount of
$2,476.74 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
RM NO. C.A. 7 - 30a - 121 19/86 LMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the tollowing applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
First Assembly of God 87 RE(1/2) 84233-9 11/10/86 19.83
Leonard E & Alma Belkov 87 RE(l@2) 7245-6 11/17/86 480.00
Raymond C Fentress 87 RE(1/2) 32393-4 11/20/86 92.61
Shearson Lehman Mortgage 87 RE(1/2) 18924-1 11/26/86 22,03
Shearson Lehman Mortgage 87 RE(1/2) 18922-3 11/26/86 22.03
Master Lease Corp 86 pp 105221-6 5/15/86 1,051.26
Elizabeth M Thomson 86 pp 228347-4 11/24/86 254.28
American Equipment Leasing 86 pp 3052-7 5/29/86 216.78
Terry L Sweeney 86 pp 227302-9 11/14/86 92.28
We Try Harder Inc 86 pp 170711-7 5/21/86 210.78
Fred Junior Antrip 86 pp 182853-9 12/2/86 12.86
J D Ennis 86 Dog V]6427 10/22/86 2.00
Total 2,476.74
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the@-day of --J@ry, 1987
John T. Atkinso
Approved as to form:
Ruth Hodges Smith
City Clerk
J. Dale Bimson, City Attorney
- 31 -
Item III-H.?
CONSENT AGENDA ITEM # 26676
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $7,891.70 upon application of certain persons
and upon certification of the Commissiner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
31 a
NO. CA 5 FEV. SW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerfification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penatty InL Total
Year Paid
Medical Leasing Assoc. Inc.
1853 Old Donation Pkwy.
Va. Beach, VA 23454 1986 Audit 127.35 127.35
Rhodes, Donald H. & Watson, L. R.
T/A Rhodes & Watson
1257 N. inlynnview Rd.
Va. Beach, VA 23454 1985 Audit 125.82 125.82
Stratford Dev. Corp.
608 Cind, Ct.
Va. Beacli, VA 23464 1985-86 Audit 53.66 53.66
Certified as to Payment:
o@rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
J. Dale Bimson
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 06. 8 3 were approved by the Council
January 87
of the City of Virginia Beach on the@ day of 19 -
Ruth Hodges Smith
City Clerk
- 31 b
FOM NO C.A 9 KV 3%
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE Cl-Ty OF VIRGINIA BEACH, VIRGINIA:
That the following applir-ations for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int. Total
Year Paid
Black Angus Rest. of VB Inc.
T/A Above/Michaels on the Beach
3323 Pacific Ave.
Va. Beach, VA 23451 1986 Audit 617.59 617.59
Bowman, Joseph R.
T/A Joseph R. Bowman P E
4308 Westwell Lane
Va. Beach, VA 23455 1984-86 Audit 83.95 83.95
Harris, Elizabeth A.
T/A The Clip Joint
212 E. 39th Street
Norfolk, VA 23504 1985 Audit 12.99 12.99
Certified as to Payment:
R@bert P. Vaughan
Commissioner of the Revenue
Approved as to torm:
J. Dale Bimson
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S714 - ;,l were approved by the Council
of the City of Virginia Beach on the5day of 19 87
Ruth Hodges Smith
City Clerk
-31 c-
NO. C.A 8 REV. 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C" OF VIRGINIA BEACH, VIRGINIA:
That the folkwang applications for lioanse refunds, upon cerflilcation of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penafty Int. Totw
Year Paid
Fleet Indifstrial Loan Co., Inc.
#5 Koger Executive Center, S-202
Norfolk, VA 23502 1986 Audit 6,685.94 6,685,94
Freeman Consulting Ltd.
T/A Backstage Hair Designers
5237 Dundee Lane
Virginia Beach, VA 23464
1985 Audit 10.28 10,28
Gift World, Inc.
c/o Jeff Laibstain
#7 Downtown Plaza
Norfolk, VA 23510 1984/86 Audit 174.12 174.12
Certified as to Payment:
@ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
J. Dale Bimson
City Attorney
This ordinarice shall be effective from date of
adoption.
The above abatement(s) lotaling $ 6, 8 7 0. 3 4were approved by the Council
of the City of Virginia Beach on the day of Ta nnljry .19 87
Ruth Hodges Smith
City Clerk
Item III-I.
APPOINTMENTS ITEM # 26677
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
25TH ANNIVERSARY CELEBRATION CO@IMITTEE
BOARD OF BUILDING CODE APPEALS
Building Maintenance Division
Electrical Division
New Construction Division
Plumbing & Mechanical Division
CONSTITUTION DAY COMMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
- 33 -
Item III-K.1
NEW BUSINESS ITF14 # 26678
Upon motion by Councilman Fentress, City Council CANCELLED the City Council
Meeting of February 16, 1987 (CITY HOLIDAY) GEORGE WASHINGTONIS/ABRAHAM
LINCOLN'S BIRTHDAY.
City Council did not RESCHEDULE same.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 34 -
Item III-K.1
NEW BUSINESS ITEM # 26678 (Continued)
A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker to
RECONSIDER the CANCELLATION of the City Council Meeting of February 16, 1987,
(City Holiday) GEORGE WASHINGTONIS/ABRAHAM LINCOLN'S BIRTHDAY.
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress
Mayor Robert G. Jones and John D. Moss
Council Members Absent:
Harold Heischober
- 35 -
Item III-K.2
NEW BUSINESS ITEM # 26679
The City Manager referenced the CITY OF VIRGINIA BEACH INTERIM FINANCIAL
STAT@TS for the Period July 1, 1986 through November 30, 1986.
Counelwoman McClanan advised shehad several questions concerning School Board
overruns and various other matters.
The City Manager advised he had numerous questions from individual Members of
City Council cocnerning the INTERIM FINANCIAL STATEMENTS and if all Members
would comprise a list he will respond to those inquiries individually as well
as the entire Council.
- 36 -
Item III-K-3-
NEW BUSINESS ITF14 # 26680
ADD-ON
Robert Matthias, Co-ordinator for Inergovernmenatl Relations, responded to
City Council inquiries. Various photographs depicting damage in the
SANDBRIDGE AREA were distributed to City Council and are hereby made a part
of the record.
The City Manager referenced receipt of a Memorandum from Donald Trueblood,
Chief Engineer, to Jerald Banagan, City Real Estate Assessor, establishing
the length and width of the aforementined Beach and the average depth of
the restored section. The City Manager was also in receipt of a Memorandum
of January 5, 1987, from Jerald Banagan estimating the loss to Sandbridge
Beach due to the Storm and Beach Erosion for a total of approximatley
$2,250,000.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley, City
Council ADOPTED:
RESOLUTION DECLARING AN EMERGENCY IN THE SANDBRIDGE
AREA OF THE CITY AS A RESULT OF THE NEW YEAR'S DAY
STORM, 1987.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 36a -
RESOLUTION AN EMERGENCY
IN THE SANDBRIDGE AIREA OF THE CITY
AS A FESULT OF THE NEW YEAR'S DAY STOR4, 1987
WHEREAS, on January 1, 1987, an extremely high astronomical tide
occurred on the beaches of Virginia Beach; and,
WHEREAS, an intense low pressure system (northeaster) occurred at
the same tim to produce winds approaching 50 knots; and,
WHEREAS, the ccmbination of high astronomical tide and the
northeaster produced damging winds and surf with tides up to three
feet above normal; and,
WHEREAS, the area of the City known as Sandbridqe suffered severe
erosion to the beach and sand dunes, as well as structural damage to
scnie oceanfront homes; and,
WHEREAS, should another northeaster occur similar to the one just
experienced, there would be severe damage to the residences along the
oceanfront, extremly severe damage to the beach at Sandbridqe and a
threat to infrastructure improvements serving the Sandbridge comnunity.
NOW, THEREF'ORE, BE IT RESOLVED BY THE (WNCIL OF THE CITY OF
VIRGINIA BEACH that a clear and present danger exists because of the
stonn damage occurring on January 1, 1987, in the Sandbridge area of
the City; and,
BE IT FURRHER RESOLVED that an emr-gency is hereby declared
pursuant to Section 62.1-13.5:3, Section 62.1-13.25:1 and Section
62.1-13.25 Subsection 3K of the Code of Virginia. The City Manager and
Staff are directed to take such actions as are necessary to amliorate
the effects of the storm event of January 1, 1987, and to take the
necessary measures to reduce possible damage frorn another northeaster.
Adopted by the Council of the City of Virginia Beach on the 5th day of
January, 1987.
- 37 -
Item III-K.4.
UNFINISHED BUSINESS ITEM # 26681
ADD-ON
Councilman Moss sponsored Rae LaSesne, a sixteen-year resident of Kempsville,
to speak concerning PARKS and the PROTECTION OF LANDSCAPING contained
therein.
Rae LaSesne advised he had witnessed tremendous effort on behalf of the
Planning Commission and the City Council to promote the enhanced appearance of
many developments through the requirement for proper landscaping. Because of
neglect and vandalism, their efforts have often been in vain.
A PARK was established across from the Ridglea Community. Mr. LaSesne
distributed various photographs depicting damage after a period of ten years
has elapsed, the trees are not providing proper buffering. The grass on the
berms did not develop until two years ago. The Parks and Recreation Department
at the request of the Civic League made a determined effort to grow grass,
except they had to continually repeat their efforts after children had used the
berms as slides and vehicles had driven over same. Littering occurs almost
every day.
Contractors were installing new cable for VIRGINIA POWER. They continued to
work on Friday, January 2, 1987, after the heavy rainfall. Extended areas were
converted into quagmires. The photogaphs depicting the damage resulting from
same were by the City Parks and Recreation Department.
The City Manager advised he will investigate @'he situation concerning charging
VIRGINIA POlklER for their damage to the Park.
Councilman Moss also requested the Staff determine whether the conditions
imposed upon certain applications regarding landscaping and berm require the
applicant to replace vegetation if same should die.
- 38 -
Item III-K-5-
NEW BUSINESS ITEM # 26682
ADD-ON
Counclman Baum referenced an article in THE BEACON entitled: "Mountain
Bikes, The Latest Craze To Hit The Resort Area".
Said article refers to off-road bikes becoming popular in Virginia Beach
despite a lack of areas to ride said bikes.
Councilman Baum requested the Legal Staff review as these are similar to the
four-wheel drive trucks in damage caused to citizens' property. Councilman
Baum inquired as to the rights of private property owners who do not want
these mountain bikes on their property.
- 39 -
Item III-K.6
UNFINISHED BUSINESS ITEM # 26683
ADD-ON
Vice Mayor Oberndorf referenced on Interstate 58 every sign denotes the
distance to the City of Norfolk, but there are no signs depicting the existance
of Virginia Beach until you are well into the City of Suffolk.
Vice Mayor Oberndorf requested a letter be forwarded to the Virginia State
Highway Department requesting Virginia Beach be added to the signs advising the
distance to the City of Norfolk.
The City Manager advised the Mayor had addressed a similar concern and a letter
has been forwarded to the Virginia Department of Transportation regarding same.
Councilman Balko suggested copies of the aforementioned letter be forwarded to
the State Legislators and Members of the Transportation Commission.
- 40 -
Item III-K.7
UNFINISHED BUSINESS ITEM # 26684
ADD-ON
The Mayor referenced the invitation to the MARIOTT COURTYARD-NORFOLK OPENING on
Greenwich Avenue.
The Mayor advised he called the Sales Manager and advised him this was an
affront to the largest City in Virginia. The Mayor was pleased to note the
Industrial Department had already contacted this gentleman and expressed their
objection to the refernce to "Norfolk".
- 41 -
Item III-K.8
UNFINISHED BUSINESS ITEM # 26685
ADD-ON
Councilman Fentress referenced the appearance of the signage upon entering the
City of Virginia Beach. It would make a tremondous difference, if the main
arteries coming into the City could be designated by erecting a small
attractive sign with landscaping surrounding same.
The City Clerk advised the NATIONAL LEAGUE OF CITIES is still listing Norfolk
as the largest City in Virginia.
Item III-L.1
ADJOURNMENT ITEM # 26686
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 6:02 P.M.
Beverlzr'O. Hooks
Chief Deputy City Clerk
,Kuth Hodge Sith, CMC
City Clerk
City of Virginia Beach
Virginia