HomeMy WebLinkAboutJANUARY 7, 1985 MINUTES
City of Virgi:n.ia Beach
"WORLD'S LARGEST RESORT CITY"
CiTY COUNCIL
MA YOR HAROLD HEISCHOBER, At Large
VICE-MA YOR REBA S. McCLANAN, Pri1u:e.. A..... IJorot¿gh
JOHN A. BAUM, BlDckwater IJorot¿gh
NANCY A. CREECH, At Large
ROBERT E. FENTRESS, Virginia Beat:h IJorot¿gh
BARBARA M. HENLEY, Pu..go IJorot¿gh
H. JACK JENNINGS, JR., LynlÙl4"e.. IJorot¿gh
LOUIS R. JONES, I/4Yli<ù Boror.gh
ROBERT G. JONES, At Large
J. HENRY McCOY, JR., Ke...",vùù Borough
MEYERA E. OBERNDORF, At Large
RUTH HODGES SMITH, CMC, City Clerk
CI TY COUNCI L AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 2J.I.56-ØDœ
18041 J,f7-4'O'
January 7, 1985
Virginia Beach City Council
ITEM I.
MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Rooa - 1:00 PM
A.
CALL TO ORDER - Mayor Harold Heischober
B.
ROLL CALL OF COUNCIL
C.
MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II.
REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL-
Council Chaabers - 2 PM
A.
INVOCATION:
Reverend Thomas H. Britton
Lynnhaven Colony United Church of Christ
B.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C.
ELECTRONIC ROLL CALL OF CITY COUNCIL
D.
CITY MANAGER'S ADMINISTRATIVE ITEMS
1.
Review of Consent Agenda
E.
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F.
HI NOTE S
1.
Motion to accept/approve the Minutes of December 17, 1984
G.
PRESENTATION
1.
Maury Riganto Awards - Traci Strickland and James D. Fussell
H.
PUBLIC HEARING
1.
Cox Cable Request for Rate Increase
I.
PLANNI NG
1.
Ordinance closing, discontinuing and vacating a portion of
Old Wolfsnare Road in the petition of F. Wayne McLeskey, Jr.
(Lynnhaven Borough).
a.
Letter from the City Manager transmits
his recommendation for FINAL approval.
2.
Ordinance closing, discontinuing and vacating a portion of
Ego Drive located east of Matt Lane in the petition of
Williaa R. and Helen H. Holz (Lynnhaven Borough).
(This street closure was deferred on December 17, 1984).
a.
Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the viewers concur, for approval.
J.
RESOLUTIONS/ORDINANCES
1.
Resolution to adopt the revised COMPREHENSIVE PLAN,
including an expression of legislative intent that the PLAN
shall be construed as recommending no increase in
residential density beyond what is now allowed by right of
conditional use permit under the existing zoning on property
south of the "Green Line" for the next five (5) years.
(This resolution was deferred December 17, 1984 to January
7, 1985).
2.
Ordinance to amend and reordain Section 35-6.1(b) of the
Code of the City of Virginia Beach, Virginia, pertaining to
personal property tax on motor vehicles and trailers;
proration thereof.
K.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1.
Ordinance to amend and reordain Chapter 23 of the City
Code by adding Section 23-26.1 to the Code of the City of
Virginia Beach, Virginia, pertaining to solicitation for
immoral purposes.
L.
M.
N.
O.
2.
Ordinance, on SECOND READING, to appropriate $85,000 to
charge-off a loan due from the Virginia Beach Maritiae
Historical Museua, Inc.
3.
Ordinance, on SECOND READING, to appropriate $5,500,000
for various engineering and highway projects (Revenue
Sharing Allocation).
4.
Ordinance, on SECOND READING, to appropriate funds
totalling $1,862,805 to implement the immediate action
program as proposed by the Virginia Beach Resort Area
Advisory Co88ission.
5.
Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of General Booth Boulevard,
to McDonald Corporation, its assigns and successors in
title.
6.
Design Ferrell Parkway, Phase 1-B (CIP 2-936) Project.
Letter from the City Manager requests that Council
authorize the staff to proceed with the design of the
Collector-Distributor System as reflected in Alternative
II.
7.
Bingo/Raffle Permits:
Kellam Band Parents' Association, Inc.
Spina Bifida Association of Tidewater
March of Dimes Birth Defects Foundation
Bingo/Raffle
Bingo/Raffle
Raffle
8.
Request of the City Treasurer for tax refunds in the
amount of $7,439.06.
9.
Request of the Commissioner of Revenue
refunds in the amount of $11,248.18.
for
license
UNFINISHED BUSINESS
NEW BUSINESS
1.
LEGAL HOLIDAY - February 18, 1985 - Cancel or Reschedule
Regular City Council Meeting
2.
Request of Christian Broadcasting Network for WAIVER of a
condition in the approval of a conditional use permit
January 16, 1984 (Student Housing).
RECESS OF COUNCIL
1.
Appointee Evalution
ADJOURNMENT
1.
Motion to adjourn.
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 7, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, January 7, 1985, at 1:00 in the afternoon.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Councilwoman Creech entered the EXECUTIVE SESSION at 1:15 p.m.
January 7, 1985
- 2 -
ITEM # 22999
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1.
PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2.
LEGAL MATTERS: Consultation with legal counselor 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 Louis Jones, seconded by Councilman Jennings, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
January 7, 1985
- 3 -
REG U L A R
S E S S ION
VIRGINIA BEACH CITY COUNCIL
January 7, 1985
2:00 p.m.
Mayor Harold Heischober called the Regular Session of the Virginia Beach
City Council to order in the Council Chambers, City Hall Building, on
Monday, January 7, 1985, at Two O'Clock in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Thomas H. Britton
Pastor
Lynnhaven Colony Congregational Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
January 7, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D. 1
SPECIAL MEETING/
CITY COUNCIL
ITEM # 23000
The City Manager requested a SPECIAL MEETING of CITY COUNCIL at 1:00 p.m. on
January 23, 1985, to receive BIDS on the sale of $21,230,000 of the $21,400,000
PUBLIC IMPROVEMENT BONDS and $6,240,000 of the unissued balance of $46,000,000
WATER and SEWER BONDS.
Item II-D.2
CONSENT AGENDA
VIRGINIA BEACH RESORT
AREA ADVISORY COMMISSION
ITEM 11 23001
Councilwoman Henley referenced an Ordinance, on SECOND READING, to appropriate
funds totalling $1,862,805 to implement the immediate action program as proposed
by the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION (See Item II-K.4 of the
Consent Agenda) This item will be pulled for discussion.
Item II-D. 3
SOLICITATION FOR
IMMORAL PURPOSES
ITEM 11 23002
Councilman Baum referenced an Ordinance to amend and reordain Chapter 23 of
the City Code by adding Section 23-26.1 of the Code of the City of Virginia
Beach, Virginia, pertaining to SOLICITATION FOR IMMORAL PURPOSES (See Item II-K.l
of the Consent Agenda). This item will be pulled for discussion with Chief Charles
Wall responding to inquires.
January 7, 1985
- 5 -
Item II-F.l
MINUTES
ITEM # 23003
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council APPROVED the Minutes of December 17, 1984.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 6 -
Item II-G.l.
PRESENTATION
ITEM It 23004
Mayor Heischober presented the MAURY RIGANTO AWARDS to the following:
Traci Strickland (Bayside High School)
James D. Fussell (Kempsville High School)*
G. Garland Payne, Vice Chairman of the Parks and Recreation Commission,
City of Virginia Beach, introduced the recipients of these awards.
This AWARD recognized outstanding student athletes in the VIRGINIA BEACH
SCHOOL SYSTEM.
Traci Strickland's parents were also in attendance, as well as her coaches
from Bayside High School, Mrs. Nocher and Mrs. Griffin.
*James D. Fussell, a Freshman at the University of Tennessee, was unable to
attend the Presentation; however, his parents, Dr. and Mrs. James Fussell,
were in attendance, and his high school coach, Keith Lowrance, accepted
the AWARD.
Harold Whitehurst, Director of Parks and Recreation, was also in attendance.
January 7, 1985
- 7 -
Item II-H. 1
PUBLIC HEARING
ITEM # 23005
Mayor Heischober DECLARED a PUBLIC HEARING on the following:
COX CABLE REQUEST FOR RATE INCREASE
The following spoke in support of this request:
Roger Pierce, Vice President and General Manager of Cox Cable,
spoke in support of this request.
J. Randall Blow, Assistant City Attorney, spoke concerning authority of
City Council to regulate the PLAYBOY CHANNEL (Channel 27). The Commonwealth
Attorney must receive complaints from the community that the PLAYBOY CHANNEL
is obscene and an investigation will be held to determine if same is true.
City Council will not be able to act under FCC Regulations until that de-
termination is made, the channel is judged to be obscene and a conviction is
secured.
The following were in attendance representing COX CABLE to respond to
inquiries, but did not speak:
Neal Barranton
Dana Coltrin
William Wright
Dale Thompson
The following spoke in oppostion to the COX CABLE Request for RATE INCREASE:
Reverend Fritz Stegemann, Pastor of Open Door Chapel. Reverend Stegemann dis-
tributed information concerning pornography, as well as a letter from Cox
Cable to Councilman Jennings and Fentress, to City Council (same is hereby
a part of the record).
Reverend James Kilpatrick, Pastor of Friends Church in Virginia Beach
Reverend John Giminez, Pastor of Rock Church
Leroy Cason, retired Bell Telephone Manager, resident of Bayside and Thoroughgood
area.
Reverend Dan Varela, Pastor of New Creation Community Church
Bruce Fulcher, student at CBN UNIVERSITY, and employee of CHRISTIAN BROADCASTING
NETWORK.
Kirk Devenney, new resident, employee of J. C. Penney and student at CBN
UNIVERSITY
Joseph Starcevich, preparing for ministery at Rock Chuch
Virginia Teagle, resident of Virginia Beach for thirty-three years
Mrs. Charles E. Parker, Twelve (12) year resident of Virginia Beach
John Barlow, resident of Ocean View area
There being no further speakers, Mayor Heischober closed the PUBLIC HEARING.
January 7, 1985
- 7a -
. .. .. .
..
6 Virginia Beach Sun, December 26, 1984
PUBLIC NOTICE .
The Virginia Beach City
CouDcll, at its Reaular Session.
2:00 p.m. Monday. January',
1985. will consider the request o(
Cox Cable Virginia Beach (or a
monthly RATE INCREASE (or
Basic Cable Service (rom 59.24 to
$10..50. All persons who desire to
speak should register with the
City Clerk prior to this Council
meeting.
Ruth Hodges Smith, CMC
City Clerk
139-6 It 12-26 VB
January 7, 1985
- 8 -
Item II-I.l
PLANNING
ITEM # 23006
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR.,
for closing, discontinuing and vacating a portion of OLD WOLF SNARE ROAD
as per the following:
FINAL APPROVAL
Application of F. Wayne McLeskey, Jr., for the dis-
continuance, closure and abandonment of a portion of
Old Wolfsnare Road beginning at the intersection of
Wolfsnare Road (Relocated) and Westminister Lane,
running a distance of 121.52 feet along the south
side of Wolfsnare Road (Relocated), running a dis-
tance of 431.65 feet in a southwesterly direction,
running a distance of 40.79 feet in a southerly di-
rection, running a distance of 518.01 feet in a
northeasterly direction, running a distance of 13
feet in a southerly direction and running around
a curve in a southeasterly direction a distance
of 33.35 feet. Said parcel contains .37 acre more
or less. LYNNHAVEN BOROUGH.
This Closure had been approved by City Council on January 7, 1981,
subject to the following condition:
The ultimate disposition of this right-of-way should
be by means of purchase rather than direct conveyance
to the adjoining property owner.
As the applicant does not own all of the property adjoining a portion
of the street that was closed, and the City cannot require purchase,
the City Council, as requested by the City Manager's recommendation,
removed this condition and issued FINAL APPROVAL of the Street Closure.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
I II
- 8a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS
I
OLD ~~OLFSNARE ROAD, LOCATED I N THE L YNNHA VEN BOROUGH OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOUN ON THAT
CERTAIN PLAT ENTITLED IIPLAT SHOWING A PORTION OF OLD
WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF
VIRGINIA BEACH, VIRGINIA, LY~NHAVEN BOROUGH - VIRGINIA
BEACH, VIRGININ', WHICH PLAT IS RECORDED IN THE CLERK1S
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 F. Wayne McLeskey, Jr., that he would make
application to the Council of the City of Virginia Beach, Virg~lia,
on 1981, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, c10sed, 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 discon-
tinued, closed, and vacated:
Beginning at a point, said point being on the cast
right of way line on North Great Neck Road and the
Northwest right of way line of Old Wolfsnare Road,
and from said point along a curve to the right having
a radius of 524.73 feet, an arc distance of 35.20
feet to a point; thence continuing along a curve to
the righthaving a radius of 2230.00 feet, an arc
distance of 347.31 feet to a point; thence r.162°37'19I1E
a distance of 115.20 feet to a point; thence along a
curve to the right having a radius of 590 feet, an arc
distance 40.81 feet to a point; thence continuing on a
curve to the right, having a rad-ius of 90.35 feet, an
arc .distance of 38.52 feet to a point; thence S 73°341
3311 E, a distance of 15.00 feet to a point; thence
along a curve to the right having a radius of 30.00 feet,
an arc distance of 27.09 feet to a point; thence along ù
curve to the left, having a radius of 20.00, an arc
distance of 33.35 feet to ù point; thence U 27°2410011 H
a distance of 13.00 feet to a point; thence S 62°36'00"1-/
a distance of 185.84 feet to a point; thence along ù
curve to the left having a radius of 2200.00 feet, an
arc distance of 342.64 feet to ù point; thence continuing
along a curve to the left having a radius of 494.73 feet,
an arc distance of 63.1',4 feet to a point; thence
N Ot031O5" E) ù distance of 117.70 feet to the po"jnt of
beginning. (portion to be vacated is designated 19)365
square feet on the be10\'¡ described plat.)
Said parcel of land being a portion of Old Wolfsnare Road, as indi-
cated on that certain plat entitled "PLAT SHOWING A PORTION OF OLD
WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA
BEACH, VIRGINIA, LYNNHAVEN BOROUGH - VIRGINIA ßEACH, VIRGINIA") which
is recorded in the Clerkls Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book , at page
January 7, 1985
- 8b -
and \'Jh i ch is made a part hereof by reference.
SEcn ON I I
A certified copy of this ordinance and attached plat shall
be filed in the clerk's office of the City of Virginia Beach and
indexed in the name of the City of Virginia Beach as grantor.
SECTION II I
This Order shall be in effect from the date of its passage.
FINAL APPROVAL'.
January 7, 1985
January 7, 1985
- 9 -
Item II-I. 2
PLANNING
ITEM if 23007
Attorney Stuart Held represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED, subject to final approval in 180 days, an Ordinance for
the discontinuance, closure and abandonment of a portion of Ego Drive
in the petition of WILLIAM R. and HELEN H. HOLZ.
Application of William R. and Helen H. Holz for
the discontinuance, closure and abandonment of
a portion of Ego Drive beginning at the eastern
boundary of Matt Lane and running in an easterly
direction a distance of 134.6 feet. Said parcel
is 50 feet in width and contains 3,358.30 square
feet. LYNNHAVEN BOROUGH.
Approval was subject to the following:
1.
Resubdivision of the property to incorporate the closed
area into adjoining parcels to avoid the creation of a
nonconforming lot.
2.
Dedication of a 20-foot drainage easement on the center-
line of the existing 50-foot right-of-way.
3.
The 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:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 9a -
CHRISTIE, HELD, SPANOULIS ß CHRISTIE
^ P..o..."O",^L CO..PO..^TIO'"
AITORNEYS AND COUNSELLORS AT LAW
245 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
GEORGE A. CHRISTIE
STUART H. HELD
CONSTANTINE A. SPANOULIS
CHRIS A. CHRISTIE
TELEPHONE
(804) 422-1400
CERTIFICATE OF VESTING OF TITLE
I, Stuart H. Held, attorney for ~Jilliam R. Holz and Helen H. Holz, do
hereby certify that:
1.
I am an attorney at law and represent William R. Holz and Helen H.
Holz, 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
property will vest in William R. Holz and Helen H. Holz and Ra~~ond E. Lett and
Debra V. Lett, the adjacent landowners.
The said property referred to herein is hereby described as follows:
Ego Drive beginning at a point on the East side of
Matt Lane North 2 degrees, 21 minutes West a
distance of 50 feet to a point and thence North 87
degrees, 39 minutes East a distance of 134.57 feet
to a point, thence South 1 degree, 15 minutes East a
distance of 50.01 feet to a point; thence North 87
degrees, 39 minutes East 133.61 feet to the point of
beginning.
r ..
~eld
January 7, 1985
CHRISTIE. HELD
&PANOUUS II CHRISTIE
A -OI'~"IONAL COIOf"OAATION
ATTOIO""'" AT LAW
YI""""'A KACH, yl""",,"A
- 9b -
l
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS EGO DRIVE
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING
PORTION OF EGO DRIVE TO BE CLOSED" AS SHOWN ON SUB-
DIVISION OF WEST OCEANA GARDENS, LYNN HAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA, MADE BY LEE S. ROOD, P.C.,
LAND SURVEYOR, DATED JANUARY 19, 1984 WHICH PLAT IS
ATTACHED HERETO.
TO:
PETITION
THE ¡'lAY OR Aim THE HEMBERS OF THE COUNCIL OF THE CITY
OF VIRGI~IA BEACH, VIRGINIA
Your Petitioners, William R. Holz and Helen H. Holz, respectfully
represent as follows:
1.
That pursuant to the provisions 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:
Ego Drive beginning at a point on the East side of
Matt Lane North 2 degrees, 21 minutes West a
distance of 50 feet to a point and thence North 87
degrees, 39 minutes East a distance of 134.57 feet
to a point, thence South 1 degree, 15 minutes East a
distance of 50.01 feet to a point; thence North 87
degrees, 39 minutes East 133.61 feet to the point of
beginning.
Said parcel of land being a portion of Ego Drive, as indicated on
that certain plat entitled "Plat Show'ing Portion of Ego Drive To Be Closed"
as shown on Subdivision of West Oceana Gardens, 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
Petitioners pray that this Honorable Council appoint Viewers as provided by
January 7, 1985
CHRISTIE. HELD,
6PANOULIS 6 CHRISTIE
A .."OFUIò,OfojA. CCHt"O"ATIOfo¡
AnCHt"'ET~ AT LAW
V"'(;""'A aLAc". V"""""A
- 9c -
law to view said platted street proposed to be closed and to report in
writing to the Council on or before the
day of
, 1984,
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
day of
, 1984, notice of the
presenting of this application was published in the Beacon, a newspaper of
general circulation, in the City of Virginia Beach, Virginia.
4.
That the fee simple owners of all land along and adjacent to and
affected by said portion of the platted street are your Petitioners herein,
William R. Holz and Helen H. Holz, and Raymond E. Lett and Debra V. lett,
200 Matt lane, Virginia Beach, Virginia.
Respectfully submitted,
WILLIAM R. HOll
~S~ H. HOLl
BY&tf;a.\
ouns~,
Stuart H. Held
CHRISTIE, HELD, SPANOUlIS & CHRISTIE
A Professional Corporation
245 First Colonial Road
Virginia Beach, Virginia 23454
422-1400
January 7, 1985
- 10 -
Item II-J.l
RESOLUTION
ITEM 11 23008
Attorney Robert Cromwell, represented Courthouse Estates
Attorney Glen Croshaw, represented Lone Star, Inc., and Sandbridge
Development Company
Attorney Wallace B. Smith, represented Kenneth E. Watts' property
on Sandbridge Road
Attorney Paul M. Lipkin, represented the M. R. Adams and M. R. Adams,
Jr. Estates.
Mary Virginia Mathews, property owner, adjacent to Nimmo Church, represented herself
Irvin A. Douglas, represented the Council of Civic Organizations
Maxine C. Graham, represented self and George and Anne Reese
Ed Lynk, a property owner, registered, but did not speak
Upon motion by Council Louis Jones, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution to AMEND the COMPREHHENSIVE PLAN of October
1979, recommending no increase in residential density beyond what is now
allowed by right of conditional use permit under the existing zoning on
property south of the "Green Line" for the next five (5) years and the
City Manager will prepare a Request for Proposal for a Land Use Consultant
with no approval of site plans or building permits on parcels larger than
five acres south of the Green Line until after January 1, 1986.
A motion was made by Councilman McCoy, seconded by Councilman Baum, to DEFER
Adoption of a Resolution to AMEND the COMPREHENSIVE PLAN of October 1979,
and vote immediately on the question of DOWNZONING. Said motion was WITHDRAWN.
This Resolution was presented by Councilman Louis Jones and further amended
by City Council.
The Second Paragraph on the third page was AMENDED as per the following:
"BE IT FURTHER RESOLVED:
That, pending the receipt of the recommendations of the
consultant to be hired and the adoption of a plan of implemen-
tation by the City Council, which plan the City Council antici-
pates adopting prior to Seþ~effibe~-~,-~986, January 1, 1986, it
is the policy of the City Council that for parcels of land larger
than five (5) acres the City neither approve any site plan, nor
issue any building permit in any residential development or area
where site improvements have not begun as of the date of this Re-
solution in the residentially or commercially zoned land south of the
Green Line; and, ..."
AND,
The following paragraph was ADDED to said Resolution:
"BE IT FURTHER RESOLVED:
That the City Attorney is requested to prepare and for-
ward to City Council on January 14, 1985, an ordinance implementing
the policy set forth in this Resolution."
Mayor Heischober requested Robert Scott, Director of Planning, notify
the PLANNING COMMISSION that they no longer need to address the issue of
DOWNZONING, ( the Reclassification of 196 Parcels in the Princess Anne/Pungo
Boroughs.)
January 7, 1985
-
- 11-
Item II -J . 1
RESOLUTION
ITEM # 23008 (Continued)
Voting:
9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
Councilwoman Oberndorf referenced the SOUTHEASTERN VIRGINIA PLANNING DISTRICT
COMMISSION will consider,on January 16, 1985, whether to include the SOUTHEASTERN
FREEWAY in the Southeastern Virginia Regional 2000 Highway Study. If the
Commission decides to include same, this would become part of the City's MASTER
STREET and HIGHWAY PLAN. This has not been considered in the REVISED Comprehensive
Land Use Plan. Councilwoman Oberndorf requested the professional planners be
aware of same.
*
The Original Resolution in City Council's AGENDA was replaced by an AMENDED Re-
solution delivered by Courier, this in turn was replaced by a further AMENDED
Resolution distributed by Councilman Louis Jones in the City Council Meeting.
This Resolution was again AMENDED and the FINAL ADOPTED version is hereby made
a part of the proceedings.
January 7, 1985
- lla -
RESOLUTION
WHEREAS:
It is the duty of the Virginia Beach City Council, under
state statute (§15.1-446.1, Code of Virginia), to accompl ish "a
coordinated, adjusted and harmonious development of its territory which
wi I " in accordance with present and probable future needs and
resources, best promote the health, safety, morals, order, convenience,
prosperity and general welfare of the City's inhabitants";
WHEREAS:
In October, 1979, the City Council adopted a Comprehensive
Plan pursuant to the aforesaid requirements of the Code of Virginia;
WHEREAS:
Pursuant to the instructions set forth in the Code of
Virginia, §15.1-454, the Comprehensive Plan has been reviewed by the
Planning Commission of the City which determined that an amendment of
the plan is advisable;
WHEREAS:
The Planning Commission of the City, after extensive
deliberations, has recommended to the City Council that it adopt a new
Comprehensive Plan and presented to the City Council for its review a
recommended draft dated October 23, 1984;
WHEREAS:
The recommended new Plan considers one of the most pressing
problems before the City to be its rapid growth in a southerly
direction into its predominately agricultural area, which growth gives
rise to incompatible land uses and strains City resources in the
provision of urban infrastructure;
WHEREAS:
The new Plan considers it essential to provide for orderly
transition from rural to urban land use in this area and sets forth a
dividing I ine, commonly known as the "Green Line", as the most
effective tool to manage this transition;
WHEREAS:
There is already in existence residential zonings south of
the Green Line which are inconsistent with the new Plan's proposals for
managing growth and which, if developed, wi I I create some of the very
problems to be control led by the Comprehensive Plan, namely, the
el imination of incompatible land uses and the timely provision of urban
faci I ities and services;
WHEREAS:
The City Council is highly mindful both of its obi igations to
the public to provide for orderly growth within the City and of the
rights of private land owners to use and enjoy their land without
confiscation and free from discriminatory restrictions;
WHEREAS:
The publ ic interest and the rights of private land owners
south of the Green Line would be served jointly by a land use
implementation plan that sets forth a scheduled transition, containing
a phased sequence of growth under which the City would provide roads,
sewers, water, schools, pol ice and fire protection, and other municipal
services required by an urbanized area;
WHEREAS:
The proposed new Comprehens i ve P an I acks such a p I an of
implementation and thereby creates uncertainty and an inabi I ity to
inform all interested parties of the future avai labi ity of municipal
faci I ities and services south of the Green Line and to make known to
the City Council the requirements and the cost of such facilities and
services; and,
January 7, 1985
- llb -
WHEREAS:
The time and effort required to prepare such a plan of
implementation is beyond the resources currently available within the
City and should be performed by a consulting firm with strong
credentials and proven performance in the area of land use planning
coordinated with detai led analyses of fiscal impact;
WHEREFORE, BE IT RESOLVED:
That the City Councl I of the City of Virginia Beach hereby
amends the Comprehensive Plan dated October, 1979, with the express
legislative intent that the Plan shal I be construed as recommending no
increase In residential density beyond what is now at lowed by right or
conditional use permit under the existing zoning on property south of
the Green Line for the next five (5) years. The leg i s at i ve intent
expressed here i n sha I be i nc I uded with I n the text the Comprehens i ve
Plan.
BE IT FURTHER RESOLVED:
That the City Counc i hereby requests the City Manager to
prepare prompt I y a Request for Proposa for the purpose of hi ring a
land use consulting firm to prepare a plan of Implementation for land
use south of the Green Line and north of the line of Indian River Road
as extended eastward to the At I ant I c Ocean a long the Pr I ncess Anne
Borough I Ine from the Pungo Intersection of Indian River Road and
Princess Anne Road, with particular attention to the demands upon City
faclt Ities and services and the fiscal Impact upon the Capital
Improvement Program of the City and for him to provide to Council his
recommendation of a firm to conduct the study; and,
BE IT FURTHER RESOLVED:
That, pend I ng the rece I pt of the recommendat Ions of the
consultant to be hired and the adoption of a plan of Implementation by
the City Council, which ptan the City Councl anticipates adopting
prior to January 1, 1986, It Is the pol Icy of the City Council that for
parcels of land larger than five (5) acres the City neither approve any
site plan, nor Issue any bui tding permit in any residential development
or area where s ite Improvements have not begun as of the date of
Resolution In the residentially or commercial Iy zoned land south of the
Green Line; and,
BE IT FURTHER RESOLVED:
That the City Counci I hereby requested the City Manager to
submit to It in specific and enumerated form al I recommendations for
amending the existing Comprehensive Plan in regard to the entire City.
BE IT FURTHER RESOLVED:
That the City Attorney Is requested to prepare and forward to
City Council on January 14, 1985 an ordinance implementing the pol Icy
set forth In this Resolution.
Adopted by the City Counci I of the City
Virginia, on January 7, 1985.
of Virginia Beach,
January 7, 1985
- 12 -
Item II-J.2
ORDINANCE
ITEM # 23009
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress,
Council ADOPTED an Ordinance to amend and reordain Section 35-6.1
(b) of the Code of the City of Virginia Beach, Virginia, pertaining to
PERSONAL PROPERTY TAX on motor vehicles and trailers; proration therof.
City
The following AMENDMENT shall be added:
The City Treasurer will stamp or have printed, when feasible, notification
of proration on the application for decal replacement. The City Attorney
has deemed this notification legal.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
January 7, 1985
--
- 12a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-6.1(b) OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO PERSONAL
PROPERTY TAX ON MOTOR VEHICLES AND
TRAILERS; PRORATION THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-6.1(b) of the Code of the City of
Virginia Beach, Virginia, pertaining to Personal Property Tax on
Motor Vehicles and Trailers; Proration thereof, is hereby amended
and reordained to read as follows:
Section 35-6.1.
Personal Property tax on motor vehicles and
trailers; proration thereof.
(b) When any taxable property loses its situs within the
city or its title is transferred to a new owner, the taxpayer
shall from that time be relieved from personal property tax on
such taxable property and receive a refund of personal property
tax already paid, or a credit toward taxable property newly
transferred to the taxpayer, or a credit against personal
property taxes outstanding against the taxpayer, at the option of
the commissioner of revenue, on a monthly prorated basis, upon
application to the commissioner of the revenue, provided that
application is made within 6Ae three years from the last day of
the tax year during which the taxable property lost situs or had
its title transferred.
The commissioner of revenue shall make a
reasonable effort to ascertain and notify any taxpayer entitled
to a prorated refund of personal property taxes pursuant to this
subsection.
The city treasurer shall stamp or have printed, on
the application for a duplicate city decal for new or substitute
vehicles as required by section 21-84 of this code, notification
to the applicant that he may be entitled to a prorated refund of
personal property taxes assessed against any vehicle which he
sold or transferred to a new owner.
Adopted this
7
day of
January
, 198 5, by the Council of
the City of Virginia Beach, Virginia.
APPROVED AS TO CI)ì.';;';t
~. 5IG¡~ATU:;,E
MES/re
12/18/84
1/14/85
(ORD H)
'-,-..------
: "" I C "l1E-'" :- " r, ,
,....7 .. J r: ~ .!¡
--l. . -,-
", , . .
."'.',' .
985crfY .-,~.:;:":y
January 7,
- 13-
Item II-K.
CONSENT AGENDA
ITEM II 23010
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items 1 through 9 EXCEPT Items 1 and 4 which
were voted upon separately.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
, I
- 14 -
Item II-K.l
CONSENT AGENDA
ITEM /I 23011
Chief Charles Wall spoke concerning this Ordinance and explained the Police
Department must currently use a State Felony Code and is requesting a
City Misdemeanor Ordinance to make it illegal to solicit for immoral
purposes.
Assistant City Attorney Randall Blow also referenced the Ordinance as
being constitutional and enforceable.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to amend and reordain Chapter 23 of the City Code by
adding Section 23-26.1 to the Code of the City of Virginia Beach, Virginia,
pertaining to SOLICITATION FOR IMMORAL PURPOSES.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
January 7, 1985
I
I
I
I
- 14a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CITY CODE BY
ADDING SECTION 23-26.1 TO THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO SOLICITATION
FOR IMMORAL PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 23-26.1 of the Code of the City of
Virginia Beach, Virginia, is hereby added pertaining to
solicitation for immoral purposes and reads as follows:
Section 23-26.1.
Prostitution and immoral acts; solicitation.
Any person, within the limits of the city, who shall
solicit another by word, sign, or gesture to commit any act that
is lewd, lascivious, indecent or prostitute shall be guilty of
soliciting for prostitution or other immoral purposes, which
shall be a class 2 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this
7
day of ~an~:r~, 198~.5
RMB/da
MISC
11/14/84
APPI~C'jm I,':: -r:.) CC':::::'-"
...,-----
Sl(~:,.~ '_,ë
___..H_-""--
DC".:~:;':\Et..n
r;; &f!j,', :~, ~ (5JfL
rYJ,';., "- {
January 7, 1985
- 15 -
Item II-K.2
CONSENT AGENDA
ITEM 1/ 23012
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $85,000 to
charge-off a loan due from the VIRGINIA BEACH MARITIME HISTORICAL MUSEUM,
INC.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
- 15a -
AN ORDINANCE TO APPROPRIATE $85,000 TO
TO CHARGE-OFF A LOAN DUE FROM THE VIRGINIA
REACH MARITIME HISTORICAL MUSEUM, INC.
WHEREAS, the Virginia Beach Maritime Historical
Museum, Inc. has an outstanding liability in principal
amount of $85,000 to the City of Virginia Reach as evi-
denced by an installment note dated February 24, 1981, and
WHEREAS, City Council deems it appropriate to relieve
the Museum of repaying this debt, including interest, by
charging-off the loan amount.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA REACH, VIRGINIA that $R5,000 be
appropriated from the General Fund Balance to charge-off
the loan of the Virginia Reach Maritime Historical Museum,
Inc.
RE IT FURTHER ORDAINED that the City Manager is
authorized to return the original note to the Museum.
This ordinance shall he in effect from the date of
its adopt ion.
Adopted by the Coun~il of the City of Virginia Reach,
Viq~inia on
Janaury
day of
7
, 19R.f.5
FIRST REAnING:
December 17, 1984
SECOND READING:
Januarv 7. 1985
JCM/ORD/33
January 7, 1985
I I
- 16 -
Item II-K.3
CONSENT AGENDA
ITEM 11 23013
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $5,500,000
for various engineering and highway projects (REVENUE SHARING ALLOCATION).
Voting:
11-0
Council Members Voting Aye:
*
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jonesf Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
- 16a -
AN ORDINANCE APPROPRIATING FIVE MILLION
FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) FOR VARIOUS
ENGINEERING AND HIGHWAY PROJECTS (REVENUE SHARING ALLOCATION)
WHEREAS, City Council desires to provide needed engineering and
highway projects for the citizens of Virginia Beach, and
WHEREAS, it is anticipated that the City will receive from
Federal Revenue Sharing $5,500,000 in the sixteenth entitlement period.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds are to be made available under the Revenue
Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for
the period of October 1, 1984 through September 30, 1985 be appropriated for
the purposes as indicated below:
Engineering and Highways
$ 5,500,000
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Reach, Virginia
on the 7 day of January
FIRST READING: December 17, 1984
SECOND READING: January 7, 1985
, 19W4.5
AFPROVED AS TO CONTENT
.
51(,~A TUR[
DEPART'v',ENT
V3E:":~w(r
CITY /'\1 rO'<N['(
January 7, 1985
KAR/2 ORD8
- 17 -
Item II-K.4
CONSENT AGENDA
ITEM # 23014
Councilwoman Henley referenced the funds requested for positions to the VIRGINIA
BEACH RESORT AREA ADVISORY COMMISSION in the amount of $289,715. Councilwoman
Henley would prefer ADOPTING the Ordinance to appropriate funds totaling
$1,573,090 rather than $1,862,805 and vote on the funds for positions through
the Budget Appropriations representing the difference of $289,715 for personnel.
Councilman Robert Jones also expressed concern for the personnel costs with
particular reservations for the funds allocated the Director of the Staff in
the amount of $37,000.
Councilman Jennings REITERATED his request that the City Manager report to
City Council on a ninety-day basis concerning accomplishments of the
VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION.
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds totalling
$1,862,805 to implement the IMMEDIATE ACTION PROGRAM as proposed by the VIRGINIA
BEACH RESORT AREA ADVISORY COMMISSION; however, prior to the employment of
any PERSONNEL, the City Manager will review his proposals with the City Council
for their FINAL APPROVAL.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 17a -
AN ORDINANCE TO APPROPRIATE FUNDS
TOTALING $1,862,805 TO IMPLEMENT
THE IMMEDIATE ACTION PROGRAM AS
PROPOSED BY THE VIRGINIA BEACH
RESORT AREA ADVISORY COMMISSION
WHEREAS, the Initial Report of October 22, 1984 prepared by the
Virginia Beach Resort Area Advisory Commission recommended an Immediate
Action Program to improve the image of the Resort City, and
WHEREAS, the Program called for corr~ctive actions, demonstration
projects, and continuing efforts, and
WHEREAS, the City Manager and his staff have studied the report and
at the request of City Council have determined the financial impact to
the City to implement the Pro~ram, and
WHEREAS, the Program is estimated to cost $1,862,805 during the
remainder of FY1985 and includes the creation of a Resort Advisory
Commission, provides for several personnel positions and/or other expen-
ditures in several departments of the city and establishes a capital pro-
ject for the Resort Area Demonstration projects, and
WHEREAS, funding for the Immediate Action Program may be provided
from the General Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $662,805 be appropriated from the
General Fund Balance to provide funds to implement the proposals as listed
in the Resort Area Advisory Commission's Immediate Action Pro~ram.
BE IT FURTHER ORDAINED that nine personnel positions be established
with the classification, pay range and placement to be determined by the
City Mana~er.
BE IT FURTHER ORDAINED that the Resort Area Demonstration Projects
are hereby established as a capital project and that funds of $1,200,000
are hereby appropriated from the General Fund Balance for this project.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on
7
day of
January
, 19~~
FIRST READING:
December 17, 1984
SECOND READING:
January 7. 1985
JCM/ORD/31
APPROVED AS TO CONTENT
~ln¡ATURt
January 7, 1985
r::)f\;.~~:/\~Ní
A1-t\7\l-.. -'. Þ:'¡~V?~1n I
~ -W 1<1-.-- -\LUJ4fi
V ',I'i',.,.,-
r-,' . "~""C"
- 18 -
Item II -K. 5
ITEM /I 23015
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of General Booth Boulevard, to McDONALD CORPORATION,
its assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1.
The owner agrees to remove the encroachment when notified
by the City, at no expense to the City.
2.
The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3.
The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4.
The owner must submit, and have approved, a traffic control
plan before commencing work within the City's right-of-way.
5.
A highway permit must be obtained and a bond posted prior
to commencing work within the City's right-of-way.
6.
No open cut of a public roadway shall be allowed except
under extreme circumstances, such exceptions shall
be submitted to the Highway Division for final approval.
7.
This encroachment shall not be in effect until an agreement
has been executed encompassing the above conditions.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
~- --
- 18a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF GENERAL BOOTH
BOULEVARD, TO MCDONALD CORPORATION,
ITS ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the McDonald Corporation, its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of General
Booth Boulevard.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 2" PVC
sanitary sewer force main to serve a structure located on Parcel
'A' near the intersection of General Booth Boulevard and South
Birdneck Road and that said encroachment shall be constructed in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as General
Booth Boulevard as shown on that certain
plat entitled: "PLAT SHOWING PRIVATE
FORCE MAIN ENCROACHMENT IN GENERAL BOOTH
BOULEVARD RIGHT-OF-WAY," a copy of which
is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of McDonald Corporation, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of General Booth Boulevard by the McDonald
Corporation and that the McDonald Corporation, its assigns and
January 7, 1985
- 18b -
successors in title shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the McDonald Corporation, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the McDonald Corporation executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virg inia, on the ~ day of January --------' 1985 .
MES/re
11/14/84
(29C)
APPROVED AS TO COr'HdH
5iGNATL:tè
C~P.!>R11-M¡':1
-2-
January 7, 1985
- 18c -
, . .. .. .
~
NOW OR FORMERLY
W. H. GOODWIN
CM.B.lðl PG.ð3)
314.88
N86836100 W -
0
0
g
z
0
...
t!
en
~
-- ',y
PARCEL IAI
0.98 AC.
S03824'OOIlW le.Be'
S 86836100"£
. 2ð9.ISI
~
0
0
Q)
PARCEL IBI
0.77 AC.
S 86"3600 E
SOUTH BIRDNECK ROAD ,
PLAT SHOWING
PRIVATE FORCE MAIN ENCROACHMENT
IN GENERAL BOOTH BLVD.
RI GHT OF WAY
PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA
~ HOGGARD/EURE ASSOCIATES
Suve,as/ Planners/Engineers
' Porlsmou'h. Virgi nia
SCALI: - I .. .sOn.
4-84
- 19 -
Item II-K.6
CONSENT AGENDA
ITEM 11 23016
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council AUTHORIZED the staff to proceed with the design of the COLLECTOR-
DISTRIBUTOR SYSTEM as reflected in Alternative II concerning the FERRELL
PARKWAY, Phase I-B (CIP 2-936) PROJECT.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
_---I
--
'1~
~',
, -:):
f'
_,~OI
,- /J.' - '
,-,- I
'l /.
- --------' / ¡- ,,' ,
- , - ------- - , --:,> - ~ ¡/.
, ' ~, - --------------- ------'--' ,',' é
,<~~", -~----------'/,-~ ---, ',~, , {f
J_, ---~'--<" -----'/'-,1 ,-""', ~~ {'It.--
/ ~'/ \ ',' "'---,',' -----------'
-""""'-----', '-- ,~,,':/ -; -r--,------------- ~--------------- \ .
..-/ -::::::--;- '-..--' , / ------~' ')~'- ' .
, ' ' --- --:'~/ ¿ ,,~,', Ii 'C' ~ ' ~ ~ - "" ':':'" f/" ",
,', "-'" '\, ,r--..,----"'-', ""-----~ - ',"~ .
" " ,.- ,-,' -, ' \ " 1 ,- " ------:--... '----,:;,} : - --- ,:----, ,,/ Q"" - ~-'" I
,- '--=:' ." \,' !': ~ '" ~:~ -:" ,}~
---.. ,', I' ,,'---.,1,-1':, \\ ¡; ,'" - ~""/'
,.--' :"'\ "\)~"~/ '-71'-/( C",', ,\,~ /'( -,:~,I", ",'::':',:,>ìJ~-~"';::"-:
--""v/./'-" i '....;, ,~\ '----' -, ,."',,,"
...... ),/, I ~', ,",,\ ,'/:/-",;-
// '\ ,\ II' r -,---' '" '/j-"
, ,/ _/' " j"dì /i " \ ,\) '-----'~"/' ---- ,1.1
-,~:~'~, '~'J"--,-'\\\,-" , ,,\,' \'\\,"",-~", ,,'~#..i ,'ï~~: :,r---'," ,',;>/~,' /.'/
-,v r:\ '\\\\\,,-, ", '-"....,./(1 :1/'
, " , \ ' .---:-- .--, ,- ' i I' "
"<::......... /, ¡i; r:J ~,ru.' ~, ' ..... ,1/'
-........'" ( ,r--....-' / ".,r:~, \,"\.\ '\~ ' . j /' '-"""::, I'!, / .'
-.........:~~I;\'\\~\\'{1o;"-z,...'-, ,;, ,------.c','
\ \. , '? rfì .,.. ,,' /
, " ',' r . ".,- ,\"", " . "I' '-...,', I ,
/~"'-. ',,\ è:\,\'~' ~+)" ,/' ~'~"/ .
/ /\', '\V)" ,,~ (-) '~~~J ~ij~~r---: ('/ /-.
.-,<,:~\\" \:\",\ \ - "-,,,~,.>~::.-, />~~" '-\0.1', ,-c-' h" ,:,: /
n\,'\"'\ :--...,',<Ò);, - ~ ',),'~C; :J/, V., , "~"""""', '\';,' /P' ,1
':\ '\:~;/ ,- "----..~. " - '::;~'(// ' i//
\)'~?~~'~-',.' ,~( - .--:,~~,(, " .;{f;,' ",':'/"~:,~'.~.~~:.~::t A
v' \ '-', .; \ - (, ¡~~ '¡. . "/...,:':';'~~
\ ~..,:, .:~,'-.".'~~,' '. ." V{_1:":~~"':'"'" -~
'--....------ . ~~\. //õ/r./" ",
~' J "l'~', / ,..,/~" . '.t.
.\~:-;"---------- \~. -'- , .: :~~:' ;' /:",: ,.", "'.
'~' """'/",'
. . ,(,~ -:¿/f/ //7,
. ..();.,/ /--/-Ø
., .. / l/.';"
, «,.1; i./-
:)7/,
.,.'~ 1/'., /.-
~~'/' ,;- ~"
/ . .... ' , . :::::::--------.
.£./1// '. ~-~,;:: ~~
/,,: /' " ' ---~... ~
- 1.% 1/ ~-----.~.... ,~
11 .. --~ i~
.. ,'~~~~;~r-~:+->!~\I; Ai' ',; r ,- .". ~,:.." , ~
. ;~?;. '~~ . . ~,.,. C/~:', ",--"--;---,,--,, ...
'/'ø'-~.~.. \; . A"~,i,\,(),,~,,.;j';6: .
,of';;.'........\ '. '~...' - ..~-" W.(, ',', '-------",
//,;-:'~:'" t,-',\ , "', " ' ~,' '.': -' .~. .......,,~:,'.:-, \,'\: r'"':",,"
/"'-"'\ "',' "\- "-"', ~
./'::,"-.><:" '\ ,,',' . '\\,: "\\- r-..'\~
" .~. ", ).,' '/ ~ '\ ',..-J." \" ',r-, " . , ", ----:::----.
, ,./,' :.-"\ /. ..-----.~': ' / ------- --
" . ','~' " "':"'" , ",'~ :::::::===-- '
'\\ ',/ ,--'....} 'I' "\\ ,.',""';'----:- ,,-
" '0-' ^' A_- ;1 ~\ "
<""""~--~:~;' <'.1/"',\ :~
.-.'1
~,
------
. --:---
~ --
-'-----,
.----'
------------------- ,
---------~ -.
--
.,. ,
"
-------
~.-'~
, "
-' "":'-------.
, -----
'--
~-
--',
.....
" :".
. '"
'.....-
- '.--r-,
~'
- 1
-
, ,.....:.--J:
'~,'
~~
~
, '
- ,
^'~"
,.....
- -.
;(
, , ~,------
¡] "~~'
1'\' -- ',,- / / - .--!
'\'- -//""""",,"....'/' -,~.
"';:-v / .......... \ ' '-"--------",
) ~ ,~" ~ '
-' / /~\ \ \ .
,,( ,,(', ,.-..
,: ......... ,
'--
--
r
-', "-
"
I
I
I
'---- ". ---
'-'-':> '--.-
. '- -.......:. ,--------, ,--
,~ ' -----.......: --
<it....... - . -
~~.~ ~~,
-::>
:::<.0 ~
~~. ~-"", --
~~. '~
- --- : -..
\ '
I'
',--'
-
, ,
¡'--
~.
:I
~
:n
..
="'
ó~
z =
w :;
,.. i<
~ ~
c: "
w.;.
,.. Õ
...J ~
< ;;:
i5
<.>
ò
"
N
, \
'-
. \ ~
'/
..
..
<.>
"'
\ "
'/^"" ,.....---- - '-:::
1,-' '- -.,/ ..-.... ----
. , ' -
, /-
/ '"
, -'
"-"",,,/:
-..... ,
'- ,
, '...."""",
'-"
~
~ r"
. J --
,-'
',,',
"
//
, ,
- ----....,...; . ---
"'~"'/)
. , ~ --------
( ,
, <)
,.-
I
~
, ......---
-------- ~-< . _! ~~'!..é!-,ry .. 7 ,
1985
, ,
- 20 -
Item II-K.7
CONSENT AGENDA
ITEM II 23017
Upon motion by Councilman Robert Jones, seconded by Concilman McCoy, City
Council APPROVED the following BINGO/RAFFLE PERMITS:
BINGO/RAFFLE:
Kellam Band Parents' Association, Inc.
Spina Bifida Association of Tidewater
RAFFLE:
March of Dimes Birth Defects Foundation
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 21 -
Item II-K.8
CONSENT AGENDA
ITEM # 23018
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing Tax Refunds upon application of
certain persons and upon certification of the Treasurer for payment in the
amount of $7,439.06.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 21a -
FORM NO. C.A. 7
12/14/84
EMC
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 following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket E xonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Thomas Willcox Jr 85 RE ( 1 /2) 98290-1 11 /7/84 40.00
Thomas Willcox Jr 85 RE (l /2) 98291-0 11 /7/84 40.00
Ethel R Kesler 85 RE ( 1 /2) 49736-6 11/16/84 22.00
Jeffrey L & Ann B Sykes 84 pp 148903-3 5/18/84 94.08
Sambas Restaurant Inc 84 pp 132996-5 6/5/84 3,177 . 60
Nazareth Benevolent & Literary 84 pp 110784- 7 6/5/84 69.00
Total
3,442.68
~.")':.~w'[~~
a'~ ~~
..... DEC 17 19M
DEPT. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3,442.68 were approved by
the Council of the City of Virginia
Beach on the-7-- day of ] anuary > . 1985
/-',
{~
Ruth Hodges Smith
City Clerk
January 7, 1985
FORM NO. C.A, 7
- 21b -
12/10/84
EMl.
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 following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Nazareth literary Inst 83 pp 1 0301 8- 1 8/31/83 91.65
GE Credit Auto lease 82 pp 154389-5 2/3/83 244.32
Robert G Brennan Sr 84 pp 17411-5 6/5/84 111. 00
Eric J Sasser 84 pp 1 33728-8 5/6/84 164.28
Melvin Nobles 84 pp 194359-5 11/13/84 33.53
William T Pouchie 82 PP 150707 -8 3/5/84 75.85
William T Pouchie 83 PP 180216-8 1/5/84 74.59
William J Dilbeck N/A Pkng 1 3182 11 /13/84 20.00
lake Edward North Inc 84 RE(l/2) 49188-0 12/5/83 1,504.58
lake Edward North Inc 84 RE(2/2) 49188-0 6/5/84 1,504.58
Anyce D McCraken 85 RE(l/2) 59060-1 10/30/84 6.00
Anyce D McCraken 85 RE(2/2) 59060-1 10/30/84 6.00
Atti1io & Frances ~iordano 85 RE(1/2) 34380-7 11/2/84 80.00
Atti1io & Frances Giordano 85 RE(2/2) 34380-7 11 /2/84 80.00
;'.,' , r.~,¡_',... l~, . ".:
¡: \, . . \
t~i',-"'~'~""'." ¡.~
'\1':1:' .o"'.i
ll~:",~«, 11 " ~
"",,"v t}ó4
Total
3,996.38
D g~r, 0 t:: i-A \¡V
'0
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3> 996 38 were approved by
the Council of the City of Virginia
Beach on theL-day of J;ml1;¡ry. 1985
)--
~
Ruth Hodges Smith
City Clerk
January 7, 1985
- 22 -
Item II-K.9
CONSENT AGENDA
ITEM II 23019
Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council ADOPTED Ordinances authorizing License Refunds uþon application of
certain persons and upon certification of the Commissioner of the Revenue
in the amounts of $9,618.40, $155.67, $184.87, and $1,299.24 for a TOTAL of
$11 , 258 . 18. *
* This amount had been incorrectly stated in City Council's Agenda as
$11 ,248.18.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jonest Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
January 7, 1985
~
FORM NO. C."'. 8
- 22a -
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 certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penal ty
I nt.
Total
Bay Mechanical, Inc.
833 Seahawk Circle
Va. Beach, VA 23462
1983/84
Audit
1,8R5.92
1,R~5.92
Bonnie Be-Lo Markets, Inc.
4603 Cape Henry Avenue
Norfolk, VA 23513 1983/84
Audit
3,169.99
3,16~.?9
Commonwealth Capital Corp.
T/A Friday's
2560 Richmond Road
Lexington, KY 40509 1983/84
Audit
4,562.49
4,562.49
as to Payment: ,
Ivan D. Mapp U1P
Commissioner of Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $9,618.40
were approved by the Counci I
of the City of Virginia Beach on the
7
day of --January
,13 85
Ruth Hodges Smi th
City Clerk
January 7, 1985
FORM NO. C.A. 8
- 22b -
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 certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penal ty
I nt.
Total
D & D Porcelain, Inc.
308 Booty Lane
Va. Beach, VA 23451
1983
Audit
20.57
20.57
Expressions, Ltd.
T/A Eve's Hallmark Shop
969 Calypso Lane
Va. Beach, VA 23454
1983
Audit
96.35
96.35
Latta, Robert R.
T/A Robert R. Latta Realty
1206 Laskin Rd., S-lll
Va. Beach, VA 23451 1984
9/5/84
38.75
3A.75
cer~
Ivan D. Mapp
Commissioner of Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s) totaling $155.67
were approved by the Counci I
of the City of Virginia Beach on the
7
day of
January
,13 85
Ruth Hodges Smi th
City Clerk
January 7, 1985
- 22c -
FORM NO. C.A. 8
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 certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penal ty
Int.
Total
Medical Weight Control & Guidance
System, Inc.
138 Suffolk Plaza, #B
Suffolk, VA 23434-4337 1982/83
Audit
109.12
10~.12
,
Tavaso1bagheri, Reza
T/AImport Auto Sales
P. O. Box 61470
Va. Beach, VA 23462
1984
11/19/84
51.75
51.75
Weeks, Richard G.
T/A Enhance Realty
6095 E. Indian River Rd., S-203
Va. Beach, VA 23464 1983
Audit
24.00
24.00
Certified as to Payment:
Ivan D. Mapp
Commissioner of Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $184.87
;) It';
were approved by the Counci I
of the City of Virginia Beach on the
7
day of
January
,H 85
Ruth Hodges Smi th
City Clerk
January. 7, 1985
FORM NO. C.". 8
- 22d -
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 certification of the Commissioner of the
Revenue are hereby approved:
,-
License Date Base Penal ty Int. Total
Year Paid
Center, Inc,
1984 Audit 1,299.24 1,299.24
NAME
Worth's Bayside Service
T/A Bayside American
5724 Cheyenne Circle
Va. Beach, VA 23462
Ivan D. Mapp
Commissioner of Revenue
This ordinance shall be effective from date of
adoption.
T he above abatement( s) total i ng $1, 299 . 24
of the City of Virginia Beach on the
were approved by the Counci I
7
January
,13 85
day of
Ruth Hodges Smi th
City Clerk
..,--.
January 7, 1985
1- ....
I
- 23 -
Item II-L.l
UNFINISHED BUSINESS
ITEM II 23020
LANIER BUSINESS PRODUCTS,INC./
DICTAPHONE, INC.
ADD-ON
Councilmen Jennings and Robert Jones met on Friday, January 4, 1985,
in Councilman Jones' office with representatives from LANIER BUSINESS
PRODUCTS, INC., AND DICTAPHONE, INC. Councilmen Jennings and Robert
Jones had been appointed by Mayor Heischober as a Committee to evaluate
the proposals for "THOUGHT PROCESSING" in the City Clerk's Office and
make recommendations to City Council.
By CONSENSUS, City Council AGREED to a 30-Day TRIAL BASIS on each of the
LANIER/DICTAPHONE "THOUGHT PROCESSING" Equipment with "NO CHARGE and
"NO OBLIGATION" on the part of the City.
January 7, 1985
- 24 -
Item II-L.2
UNFINISHED BUSINESS
ITEM # 23021
SANDBRIDGE SHORELINE PROTECTION GROUP
ADD-ON
Councilwoman Henley referenced on December 10, 1984, she distributed
copies of a letter received from Jack Bailey, SANDBRIDGE SHORELINE
PROTECTION GROUP, concerning preservation and restoration of the
beach and dunes in the 3500 block of Sandfiddler Road. The City
Manager and the City Attorney had replied to this Group's requests
and copies were forwarded to Mr. Bailey. The staff had determined
the requests were beyond the City's authority.
Councilwoman Henley requested the City continue to have open com-
munication with this group and others throughout the City in the event
there does become a viable alternative available. With Council's know-
ledge and permission, Councilwoman Henley requested to meet with these
various groups in order that the Council may stay informed of their
investigations.
January 7, 1985
- 25 -
Item II-M.l
NEW BUSINESS
ITEM II 23022
LEGAL HOLIDAY
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council CANCELLED the Regular City Council Meeting of February 18, 1985,
as same is a LEGAL HOLIDAY.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 26 -
Item II-M.2
NEW BUSINESS
ITEM # 23023
CHRISTIAN BROADCASTING
NETWORK
Roy Mendelsohn, Director of Construction Services, represented the
applicant
CHRISTIAN BROADCASTING NETWORK had requested a WAIVER of a condition
in the approval of a Conditional Use Permit on January 16, 1984 by City
Council (STUDENT HOUSING).
The City Council ADOPTED the Ordinance upon application of CBN for a
Conditional Use Permit for STUDENT HOUSING subject to a total of 200
units. CBN is now requesting the number of units be increased to 224.
The City Manager distributed copies of a site plan totaling 104.61 acres.
and referenced the Conditional Use Permit only applied to the 19.89 acre
tract.
Robert Scott, Director of Planning, referenced the original request was
for 1200 units on the property, but was reduced to 200.
Councilwoman Henley requested the entire MASTER PLAN of the CHRISTIAN BROAD-
CASTING NETWORK be presented to City Council when this CONSIDERATION comes
back to City Council.
The Mayor requested a VERBATIM to determine if the applicant or the City
proffered the 200 units.
Councilman Louis Jones requested the applicant advise whether they are
asking for an increase of 24 units on this parcel with no decrease anywhere
else on the property.
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council
SCHEDULED CONSIDERATION on February 4, 1985, request of CHRISTIAN BROADCASTING
NETWORK for a WAIVER of a condition in the approval of a Conditonal Use Permit
( ADOPTED by City Council on January 16, 1984)
Voting:
8-3
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, and Vice Mayor Reba S. McClanan
Cuncil Members Absent:
None
January 7, 1985
- 27 -
Item II-M.3
NEW BUSINESS
ITEM II 23024
URANIUM MINING
MORATORIUM
ADD-ON
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings,
Council ADOPTED a RESOLUTION unanimously supporting and endorsing the
imposition of an indefinite MORATORIUM on Uranium Mining and Milling in
the Commonwealth of Virginia.
City
The City's representatives in the GENERAL ASSEMBLY will be advised and
forwarded a copy of said Resolution by the City Clerk.
Councilwoman Oberndorf distributed a list of Uranium Resolutions in alphabetical
and date order (said list is hereby made a part of the record).
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 27a -
Requested by Councilwoman Meyera E. Oberndorf
RES 0 L UTI 0 N
WHEREAS, the subject of uranium mining and milling has
created extensive study and discussion throughout the
Commonwealth of Virginia over the past four years, and;
WHEREAS, the Uranium Sub-committee of the Coal and
Energy Commission, the Uranium Administrative Group and the
Uranium Task Force have studied and commissioned extensive
studies on the matter, and;
WHEREAS, significant environmental, economic, social and
political questions have not been fully addressed, and;
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has voiced its opinion on this issue concerning the
environmental concerns, and;
WHEREAS, legislation before the 1985 General Assembly is
pending to allow uranium mining and milling in Virginia;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach, Virginia, that it unanimously supports
and endorses the imposition of an indefinite moratorium on
uranium mining and milling in the Commonwealth of Virginia;
FURTHER, BE IT RESOLVED that the City Council requests its
General Assembly representatives to introduce such legislation
and encourages others to support the indefinite uranium mining
and milling moratorium.
ADOPTED:
January 7, 1985
January 7, 1985
- 28 -
Item II-M.4
NEW BUSINESS
ITEM # 23025
OFFERING STATEMENT
BOND ISSUE HUNTON & WILLIAMS
ADD-ON
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED a Resolution authorizing and directing the City Manage~ in
collaboration with the City's financial advisors, to complete the Preliminary
Official Statement for the offering of sale of PUBLIC IMPROVEMENT BONDS and
WATER AND SEWER BONDS and provide for its distribution to prospective bidders
on the bonds. The City Manager, in collaboration with the City's Financial
Advisors, is hereby authorized and directed to prepare and distribute to
prospective bidders on the bonds a NOTICE OF SALE.
A SPECIAL MEETING of CITY COUNCIL will be held at 1:00 p.m. on January 23, 1985,
to receive BIDS on the sale of PUBLIC IMPROVEMENT BONDS and WATER AND SEWER
BONDS.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 28a -
RESOLUTION
WHEREAS, the Ci ty of Virginia Beach proposes to sell $21,230,000
of the $21,400,000 public improvement bonds authorized by ordinance
adopted on December 10,
1984, and $6,240,000 of the unissued
balance of $46,000,000 water and sewer bonds authorized by ordinance
adopted on August 27, 1980, and approved at an election on November
4, 1980;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1.
The printer's proof dated January 4,
1985, copies of
which have been provided each member of the Council,
is hereby
approved as the form of the Preliminary Official Statement for
the offering of the bonds.
The City Manager, in collaboration
with the city's financial advisors,
is hereby authorized and
directed to complete the Preliminary Official Statement and
provide for its distribution to prospective bidders on the bonds.
2.
The City Manager,
in collaboration with the city's
financial advisors, is hereby authorized and directed to prepare
and distribute to prospective bidders on the bonds a Notice
of Sale in form similar to notices used for prior city bond
issues.
Adopted by the Council of the City of Virginia Beach on
the -~-- day of
Tanuar¥---___--------------------- --' 19_~~_.
January 7, 1985
- 29 -
Item II-M.5
NEW BUSINESS
ITEM 11 23026
INTRODUCTION OF
ASSISTANT CITY MANAGERS
ADD-ON
The City Manager INTRODUCED to City Council:
Edgar Dean Block
Assistant City Manager for
Analysis and Evaluation
Hector A. Rivera
Assistant City Manager for
Human Services
Their Appointments were effective January 1, 1985.
January 7, 1985
- 30 -
Item II-N.l
APPOINTEE EVALUATION
ITEM # 23027
Upn motion by Councilman McCoy, seconded by Councilman Baum, City Council
DEFERRED EVALUATION of the CITY MANAGER and the CITY CLERK until the Council
Meeting of January 14, 1985; AND, DEFERRED EVALUATION of the CITY ATTORNEY
AND CITY REAL ESTATE ASSESSOR until the Council Meeting of January 21, 1985.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 7, 1985
- 31 -
Item II-O.l
ADJOURNMENT
ITEM II 23028
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADJOURNED the meeting at 6:10 p.m.
Voting:
ll-O~~
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
~~ ¿J /'/~
Beverly. Hooks
Chief Deputy City Clerk
)
'!
~ ".f ~/ ~
u h Hodges Smi , CMC
City Clerk
jJ '\
/ ~ / ')
/) /' / i II ,-
'1 './/¡ /' \ í / Y /
!cJ/;if/v (/' ¿¿;1(1411/1/
Mayor arold Heischober
City of Virginia Beach
Virginia
/bh
*VERBAL VOTE
January 7, 1985