HomeMy WebLinkAboutJANUARY 9, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y,id@ B.,..gb
VICE-MAYOR BARBARA M. HENLEY, P.@g. B@,@,gb
JOHN A. BAUM, B@,..gh
NANCY A. CREECII. A, L.,g@
HAROLD IIEISCIIOBER, A, L.,g@
Ii. JACkC]EN,%'INGS, JR., Ly@.h.... B.,.@gh
ROBERT G. JONES, A, L,,,"
W. /i. KITC]IIN, Ill, Vigi@i. B ... b
REBA S. M,CLA,%AN, P,i.,@,, A..@ B.-.gb
1. liENRY AI,COY, JR., Bo,@.gb 212 CITY HALL BUILDI,%G
MIJNICIPAL CENTER
MEYERA E. OBERNDORF, At L.,g, VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CMC, Cily Cl@,k (804) 427 -4 30 3
CITY COUNCIL AGENDA
January 9, 1984
IT'EM I SESSICN: 12:30 a.m.
A. CAM To ORDER Mayor Louis R. Jones
B. ROLL CAJLL OF COL)NCIL
C. MOTICN 'M RE= INFO INFO@/EXE=IVE SESSION
D. P TICN/DISCE3SSICN OF PFRRINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY Is @STRATIVE ITEMS
1. methane Gas Recovery - Landfill No. 2: Presentation by
De t of Public Works.
2. High@y Funding Allocation Prcposal: Discussion.
3. PD-H 2 Recjulations: Discussion.
4. Request by Sea Bay Devel t Corporatim to Expedite
Rezoning Application.
5. Request by Albano Cl@s to Expedite Use Permit
Applicaticn.
6. Review of Coment Agerxia-
ITEM II. FIORMAL SESSION: 2:00 p.m.
A. INVOCATICN: Reverend David J. Anderson
Kenpsville Presbyterian Church
B. PII= OF ALLEGIANCE TO THE FLAG OF THE UNITED SRATES OF AMERICA
C. E=RONIC ROLL CALL OF COUNCIL
D. @ OF PREVIOUS MEFTI@:
1. Mcytion to accept/approve the M3-nutes of Deceniber 19, 1983.
E. PUBLIC HEARING
1. Proposed budgel increase to appropriate funds of $11,900 to
the Police De t for building alterations and equipmnt
(Public Safety Bui@g).
2. Proposed budget increase to accept grants totaling $37,345
frorn the Virginia Division of Motor Vehicles and to
appropriate these funds.
F. RESOLUTIONS
1. Industrial Revenue Bonds
a. Resolution approving the issuance of Iridustrial
Devel t Revenue Bonds to Berksh3-re Associates
($4,000,000), through the Suffolk Redevelo@t and
Housing Authority.
b. Resolution approving the issuance of Iridustrial
Devel@nt Revenue Borids to 140 Assmiates
($6,000,000), through the Suffolk Redevel t and
Housing Authority.
c. Resolution approving the issuance of Iridustrial
Develol3ment Revenue Bonds to N, M & H Associates (not to
exceed $5,000,000), through the Portamuth Redevelo@t
and Housing Authority.
2. General
a. Resolution authorizing the Virginia Municipal
League/Virginia Association of Comties Steering
Ccrnmittee to aid in negotiations with C & P Tel
Coupany regarding fair and equitable telephone rates on
behalf of the City.
G. ORDINANCE
1. ordiriance to amend the Master Street and Highuay Plan dated
Deceniber 16, 1974 (widening of Indeperidence Boulevard).
H.
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Ccyuncil and will be
enacted by one mcvtion in the form listed. There will be no
separate discussion of these it@. If discussion is desired,
that item will be removed from the Consent Agenda and considered
sep2Lrately.
1. Resoluticn endorsing the application of the officials of the
Scbool Board to the State BoaLrd of Education of Virginia for
t'he purpose of borrowing $2-Million frcrn the Literary Fund
for construction of a new junior high school in the
Kenpsville Borough.
2. Resolution requesting the plamling ccmission to provide a
r ation on whether athletic training canps should be
allowed in the agriculturally-@ed areas of the City under
the conprehensive Zoning ordinance.
3. Resolution approving the enlargemnt of the ncnoonforming
oyster processing building, located at 947 Hurds R-d, at
the request of William E. Smith, Sr-
4. ordinance to and reordain Chapter 5 of the Code of the
City of Virginia Beach, Virginia, relating to animls and
fowl by @ding Section 5@ Subsection (c) thereto
pertaining to tax @sed.
5. ordiriance to amnd and reordain Secticn 5-71 of the Code of
the City of Virginia Beach, Virginia, pertaining to
disposition of unredeemed animls-
6. Ordirtance, on FIRSR READING, to appropriate funds of $11,900
to the Police Departmnt for building alteratior's and
equi@t (Public safety Building).
7. ordinance, on FIRST READING, to accept grants totaling
$37,345 fr-cm the Virginia Division of Motor Vehicles and to
appropriate these funds.
8. ordinance, on FIRST READING, to decrease the ty
Diversion program apprcpriations and revenues by $7,050.
9. ordinance to transfer $15,227.00 within the ty
Devel t Progr-.
10. ordinance to transfer Water and Sevmr Capital Projects Fund
of $28,350 for purchase of property for locating and
mintaining a vater transmission line (First Colonial @d) -
11. Ordinance to authorize a t@rary encroacbmnt into a
portion of the rights-of-uay of E. Stratford Rc)ad, Bay Drive
and Shore Drive to 3556 @re Drive Associates, a Virginia
General Partnership, assigns and successors in title.
12. Low bid of Major T. Archbell, Inc., in the amc)unt Of
$498,694, for the Small Line Improvements Project; AND,
authorize the City Manager to enter into the necessary
agre@ts for the impl@tation of this project.
13. Raffle Permit: Tri City ORT
14. Request of the Comissioner of the Revenue for li@
refunds in the amount of $1,172.61.
15. Request of the City Treasurer for tax refunds in the amount
of $3,245.40.
PLANNING
1. ordinance closing, vacating and discontinuing a porticn of
an undeveloped 15-foc)t alley bourided by Elm Avenue on the
south and Dare Drive on the riorth in the petition of Jchn
and D. Frariklin III (L@ven Borough).
a. Letter frcrn the City @ger tranmdts the
r tion of the Planning Ocmnission,
and the Vie@s concur, for FINAL APP@.
2. Application of Elayne Thymides for a change of n@in frcin
R-6 Residential District to R-8 Residential District on a
13,830-square foot parcel located at the northeast corner of
South Birdneck Road and Hughes Avenue (Lynnhaven Borough).
a. Letter from the City Mamger transmits the
r dation of the Plaming ssion
for denial.
3. Applicaticn of NaLtional Child Care Centers, Inc. for a
conditional use pertnit for a day care center on a 32,443-
square foot parcel located alcng the south side of Old
Doriation Parkuay, @st of First Colonial Road (Lynrihaven
Borough).
a. Letter fran the City %mger transmits the
re tion of the Planning Ccnnission
for approval.
4. Application of Tid@ter Reg@l G@ Home ssicn for
a conditional use permit for a children's group h@ on a
3@,000-square foot parcel located along the north side of
13th Street, @st of Parks Avenue (Virginia Beach Borough);
AND,
a Resolution authorizing the City Manager to negcrtiate and
execute a lease betwen the City of Virginia Beach and
Tidewater Regional G@ @ ccmission for the property
located at the corner of 13th Street and Parks Avenue,
Virginia Beach, Virginia, to house the "Tide%ater Regional
Group Harm Ccmission Crisis Intervention Center".
a. Letters fr(xn the City Manager transmit the
recamiendation of the Plaming ssion
for approval of the conditional use
perrnit and to authorize hiin to enter into
the necessary lease agr@t.
5. Applications of R. G. Moore Building Oorporation for a
conditional use permit for cpen space prcmotion on a 249-
acre parcel;
AND, a variance to Secticn 4.4(b) of the Subdivision
Ordinance which requires that lot d@sions confozm to the
Comprehensive Zoning Ord@ce. The site, currently known
as the Dey Farm, is located along the east side of Great
Neck Road, south of Upper Chelsea Reach (Lynnhaven Borough).
a. Letter from the City Manager transmits the
r dation of the Planning C@ssicn
for approval.
6. Applicaticns of Gloria H. Davis for a conditional use permit
for three single-faniily d@llings in the AG-1 Agricultural
District on a 36.19-acre parcel;
AND,
a variance to Section 4.4(b) of the Subdivision ordirkmce
Which requires that lcrt d ions conform to the
Carprehensive Zcning ordiriance. The site is located alcng
the south side of Drm Point Road, south of Muddy Creek Road
(Pungo Borough) .
a. Letter from the City Manager transmits the
re dation of the Planning ocniadssion
for approval.
7. Application of Dr. Nino Aloro for a change of zon@ frorn
R-6 Residential District to 0-1 Office District m a
23,612.36-square foot parcel located at the north@st corner
of Laskin and Farmington Roads (Lynnhaven Borough).
a. Letter from the City Manager transmits the
r tion of the Planning ccntnission
for approval.
B. Applicaticn of Doris N. Absalcm Trust for a change of zoning
frcm R-8 Residential District to B-2 t@Business
District cn a 1.31-acre parcel located at the northeast
comer of Cape Henry Drive and Urchin Road (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
r ation of the Plaming ssion
for approval.
9. Applications of Damy L. and William R. Collier for a
change of @ fran B-1 Business-Residential District to
R-5 Residential District cn a 10.3-acre parcel located along
the south side of Herniitage Road, southeast of Pleasure
House Road (Bayside Borough);
AND,
a variance to Section 5.5(a) and 5.5(b) and 5.6 of the
Subdivision ordinance which require curb and gutter,
drainage facilities and sid@l-ks. The site is located
along the south and north sides of Hermitage Road and along
the north side of Thoroughgood Drive (Bayside Borough).
a. Letter from the City Mamger transrnits the
recomTi--ndation of the Plaming ssion
for app
10. Ordinance to and reordain Article 14, Section 104 of
the Wetlarids Zoning ordinance (increase the number of votes
required for a majority).
a. Letter frcin the City Manager transmits the
re=miendation of the Planning Ccmuission
for approval.
J. UNFINISHM BLJSINESS
K. NEW BXJSINESS
1 - Request of Grover C. Wright, Jr - for @ release of a
condition @sed on a change of zoning granted to ichn E.
Siririe and Associates on Sept@ 10, 1973.
2. Bellamy Manor II Subdivision
L. DM EM=IVE SESSICN FIOR COUNCIL APPO EVAIIJATION
PER CITY ORDINANCE
M. AW
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 9, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, January 9, 1984, at Twelve Fifty-Five in the
afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
January 9, 1984
- 2 -
ITEM # 21166
Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE
SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for dis-
cussion of legal matters, to be followed by the INFORMAL SESSION.
1. 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 Jennings, seconded by Councilwoman Creech
City Council voted to proceed into tbe INFORMAL SESSION following the
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. BaLm, Nancy A. Creecb, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
- 3 -
RECESS INTO
EXECUTIVE SESSION ITEM # 21167
City Council recessed into EXECUTTVE SESSION at Twelve Fifty-Seven in the
afternoon.
Due to the length of the Executive Session, Council did not reconvene for
the Informal Session.
January 9, 1984
- 4 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 9, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. R. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: City Clerk
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
NOTE: This Formal Session of City Council was the FIRST to be telecast
LIVE by Cox Cable TV.
January 9, 1984
5
Item II-D.1
MINUTES ITEM # 21168
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council APPROVED the Minutes of December 19, 1983.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
6
Item II-E.1;2
PUBLIC HEARING ITEM # 21169
Mayor Jones opened the Public Hearing for:
PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS OF $11,900 TO
THE POLICE DEPARTMENT FOR BUILDING ALTERATIONS AND EQUIP-
MENT (PUBLIC SAFETY BUILDING)
A N D,
PROPOSED BUDGET INCREASE TO ACCEPT AND APPROPRIATE GRANTS
TOTALING $37,345 FROM THE VIRGINIA DIVISION OF MOTOR
VEHICLES
There being no speakers on either of the above issues, Mayor Jones declared
the Public Hearing closed.
January 9, 1984
7
Item II-F. 1
RESOLUTIONS ITEM 21170
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT
REVENUE BONDS to:
BERKSHIRE ASSOCIATES (through the Suffolk
Redevelopment and Housing Authority) $4,000,000
140 ASSOCIATES (through tbe Suffolk
Redevelopment and Housing Authority) $6,000,000
N, M & H ASSOCIATES (through the Portsmouth
Redevelopment and Housing Authority) $5,000,000 (not to exceed)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
-7a-
RESOLUTION
WHEREAS, Berkshire Associates, a Virginia limited part-
nership, (the "Developer") desires to construct housing in the City
of Virginia Beach (the "City"); and
WHEREAS, the City wishes to induce the construction of
housing in order to provide needed apartment dwellings; and
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of industrial revenue bonds exempt
from taxation pui-suant to SS 103(b)(@)(A) of the Internal Revenue
Code; and
WHEREAS, the Suffolk Redevelopment Housing Authority (the
"Authority") has the power to make loans for assistance in housing
construction, and is willing to issue its bonds for the benefit of
the Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCTL OF THE
CITY OF VTRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise its
aforesaid powers within the City for the purposes hereinabove described
and the Authority is invited and encouraged to issue its bonds for
the benefit of the Developer and the furtherance of said purposes.
2. These resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the Developer
January 9, 1984
-7b-
or any other person or entity, and the bonds shall provide that the
City shall not be obligated to pay the bonds or the interest due
thereon or other costs incident thereto, and neither the faith and
credit nor the taxing power of tbe Commonwealth, the City or the
Authority shall be pledged thereto.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
2 - January 9, 1984
-7c-
RESOLUTTON
WHEREAS, 140 Associates, a Virginia limited partnership,
(the "Developer") desires to construct housing in the City of Virginia
Beach (the "City"); and
WHEREAS, the City wishes to induce the construction of
housing in order to provide needed apartment dwellings; and
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of industrial revenue bonds exempt
from taxation pursuant tc @@ 103(b)(4)(A) of the Internal Revenue
Code; and
WHEREAS, the Suffolk Redevelopment and Housing Authority
(the "Authority") has the power to make loans for assistance in housing
construction, and is willing to issue its bonds for the benefit of
the Developer.
NOW, NIEREFORE, BE TT RESOLVED BY THE CITY COUNCTL OF THE
CTTY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise its
aforesaid powers within the City for the purposes hereinabove described
and the Authority is invited and encouraged to issue its bonds for
the benefit of the Developer and the furtherance of said purposes.
2. Tl,,ese resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the Developer
January 9, 1984
-7d-
or any other person or entity, and the bonds shall provide that the
City shall not be obligated to pay the bonds or the interest due
thereon or other costs incident thereto, and neither the faith and
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
Adopted by the Council of the City of Vi.rginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
2
January 9, 1984
-7e-
RESOLUTION
WHEREAS, N, M & H Associates, a Virginia general partnership
(the "Developer"), desires to acquire, construct and equip a multi-
family housing project consisting of 95 housing units and associated
amenities (the "Project") in the City of Virginia Beach, Virginia, and
to operate the Project so as to make available at least 20% of the
housing units to person of low or moderate income; and
WHEREAS, the City of Virginia Beach wishes to foster the
availability of housing to persons of low or moderate income; and
WHEREAS, the Developer desires to finance the acquisition
construction and equipping of the Project with the proceeds of
industrial development bonds exempt from taxation pursuant to Section
103(b)(4)(A) of the Internal Revenue Code; and
WHEREAS, the Portsmouth Redevelopment and Housing Authority
has the power to make loans for assistance in housing construction by
private sponsors, and has the power to issue its bonds for the benefit
of the Developer to make such a loan; and
WHEREAS, there is a shortage of safe or sanitary dwelling
accommodations in the City of Virginia Beach available to persons of
low income at rentals they can afford; and
WHEREAS, these conditions can best be remedied through the
exercise of the Portsmouth Redevelopment and Housing Authority's
powers with the City of Virginia Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Portsmouth Redevelopment and
Housing Authority to exercise its aforesaid powers within the City of
Virginia Beach for the purposes hereinabove described, and the
Authority is invited and encourage to issue its bonds for the benefit
of the Developer and the futherance of said purposes.
January 9, 1984
-7f-
2 The Chairman or Vice-Chairman of or counsel selected by
the Authority is hereby authorized to attend to the institution of a
proceeding on the Authority's behalf, if requested to do so by the
Developer, in the Circuit Court of the City of Portsmouth to provide
for the judicial validation of the bonds pursuant to Article 6,
Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended,
and, in connection therewith, to take whatever further action, inclu-
ding the prosecution of an appeal, as is deemed necessary or desirable
in o@der to provide for validation of the bonds.
3. These resolutions shall not be deemed an endorsement of
said bonds or the creditworthiness of the Auihority, the Developer or
any other person or entity, and the bonds shall provide that the City
shall not be obligated to pay the bonds or the interest thereon or
other costs incident thereto, and neither the faith and credit nor the
taxing power of the Commonwealth, the City or the Authority shall be
pledged therefor.
Adopted by the Council of the City of Virginia Beach on the.Ninth day of
January, Nineteen Hundred and Eijzhty-Four.
GKQ-3/NMH-RESO - 2 -
January 9, 1984
Item 11-F.2
RESOLUTION ITEM 21171
The City Clerk called attention to an article which Council members were
presented entitled "Negotiation vs. Regulation" (excerpt from VIRGINIA
TOWN AND CITY). Said article is hereby made a part of the record.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED a Resolution authorizing the Virginia Municipal League/
Virginia Association of Counties Steering Committee, on behalf of the City,
to aid in negotiations with C & P TELEPHONE COMPANY.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
- 8a-
RESOLUTION
WHEREAS, the rates charged to local governments by C & P
Telephone Company of Virginia are not subject to the jurisdiction
of the State Corporation Commission, and
WHEREAS, the Virginia Municipal League/Virginia
Association of Counties Steering Committee has been formed to
negotiate fair and equitable telephone rates on behalf of local
governments, and
WHEREAS, C & P Telephone Company of virginia has
declined the Steering Committee's invitations to enter into good
faith negotiations of telephne rates for local governments, and
WHEREAS, there is pending before the State Corporation
Commission a request by C & P Telephone Company of Virginia to
increase its Virginia jurisdictional rates effective January 1,
1984,
BE IT RESOLVED THAT:
1. The Council of the City of Virginia Beach is opposed
to any proposal for the telephone companies and other public
utilities to amend the Virginia Code provisions which exempt local
governments from the schedule of rates established by the Virginia
State Corporation Commission for service rendered to persons,
firms and corporations, and it authorizes appropriate officials of
this jurisdiction to express this oppos:'--ion to members of the
Virginia General Assembly.
2. The Council of the City of Virginia Beach authorizes
the Virginia Municipal League/Virginia Association of Counties
Steering Committee to negotiate fair and equitable telephone rates
on behalf of the City.
3. In the event that a contract providing for fair and
equitable rates for telephone service rendered by Chesapeake &
Potomac Telephone Company to this jurisdiction has not been
accepted and entered into prior to the imposition of an increase
in telephone service rates by the State Corporation Commission now
being considered thereby, the appropriate officials of this
January 9, 1984
- 8b-
jurisdiction are authorized to continue payment of those rates
that are in effect on December 1, 1983.
4. The City Clerk is authorized and directed to forward
a copy of this resolution to the Virginia Municipal League and to
members of the General Assembly of Virginia representing the City
of Virginia Beach.
I Adopted by the Council of the City of Virginia Beach,
Virginia this 9th day of January 1984.
(RES. 2)
1/3/84
-2-
January 9, 1984
9
Item II-G.1
ORDINANCE ITEM 21172
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to AMEND the MASTER STREET AND HIGHWAY PLAN
dated December 16, 1974 (widening of Independence Boulevard). (This item
was on Council's Agenda November 7 and November 14, 1983.)
Voting: 11-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
- 9a-
AN ORDINANCE TO AMEND
THE MASTER STREET Ai4D HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and [lighway Plan dated December 16, 1974, is
hereby amended as follows:
1. Increase Independence Boulevard to a 160-foot right-of-way
from Jeanne Street to Holland Road. Remove the scenic ease-
ment frorn Baxter Road to Holland Road.
2. Relocate Baxter Road between VEPCO right-of-way and Independence
Boulevard to intersect Independence at Kenner Lane.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
9th day of January 1984.
APPROrD AS TO CC."jTr-,NT
January 9, 1984
- 10 -
Item II-H
CONSENT AGENDA ITEM # 21173
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED, in ONE MOIION, CONSENT AGENDA Items 1, 3, 6, 7, 8, 9, 10,
11, 12, 13 (Councilwoman Oberndorf noted her intention to abstain on this
one item), 14 and 15. Separate votes were taken on Items 2, 4 and 5.
Voting: 11-0
Council Members Voting Aye:
John A. Baum* Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III* 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 9, 1984
Item II-H.1
CONSENT AGENDA ITEM 21174
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution endorsing the application of the officials of
the School Board to the State Board of Education of Virginia for the purpose
of borrowing $2 million from the Literary Fund for construction of a new
junior high school in the Kempsville Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum,* Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings,,Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III,'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 9, 1984
-lla-
R E S 0 L U T I 0 N
WHEREAS, the Code of Virginia authorizes the
Board of Education to make loans from the Literary
Fund to the school boards for the purpose of erecting,
altering or enlarging school buildings, and
WHEREAS, Officials of the School Board for the
City of Virginia Beach have prepared an application
addressed to the state Board of Education of Virginia
for the puroose of borrowing from the Literary Fund
$2,000,000 for a new junior high school building in
Kempsville Borough to be paid in 20 annual installments
and the interest thereon at 3 percent paid annually.
WHEREAS, City Council desires to support this
request and believes it to be appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that the apdlication to
the State Board of Education of Virginia for a loan
of $2,000,000 from the Literary Fund to the School
Board of the City of Virginia Beach is hereby aoproved.
This resolution shall be in effect from the
date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the 9th day of January -1 1984.
January 9, 1984
- 12 -
Item II-H.2
CONSENT AGENDA ITEM # 21175
Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution requesting the Planning Commission provide
a recommendation on whether athletic training camps should be allowed in
the agriculturally-zoned areas of the City under the Comprehensive Zoning
Ordinance. This Resolution was adopted with the following stipulations:
1. The Planning Commission will furnish a definition of
an athletic training camp.
2. The Planning Commission will identify areas in zoning
categories which would be suitable/acceptable for a
facility such as an athletic training camp.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
-12a-
R E S 0 L U T I 0 N
WHEREAS, the City Council desires to obtain the
Planning Conunission's recommendation as to allowing athletic
training camps inagriculturally zoned areas; and
WHEREAS, pursuant to Section 15.1-493 of the Code
of Virginia, the Planning Commission's input is required in
this issue.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the Planning Commission is requested to provide
the City Council its recoiuaendation whether athletic training
camps should be allowed in the agriculturally zoned areas
under the Comprehensive Zoning ordinance of the City of
Virginia Beach.
BE IT FURTHER RESOLVED that a copy of this
resolution be forwarded to the Chairman of the Planning
Commission.
ADOPTED: January 9. 1984
JDB: er
1-3-84
January 9, 1984
- 13 -
Item II-H.3
CONSENT AGENDA ITEM # 21176
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the enlargement of the nonconforming
oyster processing building, located at 947 Hurds Road, at the request of
WILLIAM E. SMITH, SR.
Voting: 11-0
Council Members Voting Aye:
John A. Baum4 Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, 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 9, 1984
-13a-
R E S 0 L U T I 0 N
WHEREAS, William E. Smith. Sr. desires to reconstruct
and enlarge an existing oyster processing building located at 947
Hurds Road, virginia Beach, Virginia, as shown on the attached
survey; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because oyster processing buildings are not allowed in the R-1,
single-Family Residence District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the enlargement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are equally appropriate
or more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming oyster processing building, located at 947 Hurds
Road, Virginia Beach, Virginia, as shown on the attached survey,
which is herein incorporated by reference, are equally
appropriate or more appropriate to the zoning district in which
they are located than are the existing nonconformities, and the
City Council herein authorizes the enlargement or extension of
the nonconforming use and the enlargement of the nonconforming
structure in the manner shown on the attached survey.
Adopted by the Council of the City of Virginia Beach,
Virginia, on January 9, 1984
CMS/CJ/da
1/3/84
(3)
January 9, 1984
-13b-
roll
Cle-r@
- 14 -
Item II-H.4
CONSENT AGENDA ITEM # 21177
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to AMEND and REORDAIN Chapter 5 of the Code
of the City of Virginia Beach, Virginia, relating to AN@l:s- AND FOWL
by amending Section 5-48, Subsection (c), thereto pertaining to tax imposed.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, 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 9, 1984
- 14a-
Requested By: City Treasurer
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
RELATING TO ANIMALS AND FOWL BY
AMENDING SECTION 5-48 SUBSECTION
(C) THERETO PERTAINING TO TAX IMPOSED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-48 is amended and reordained hereto as
follows:
Section 5-48. Tax Imposed.
(a) A license tax is hereby imposed on dogs required to
be licensed under this article in the following amounts:
(1) For each male dog, unneutered ........... $ 7.00
(2) For each female dog, unspayed ........... 7.00
(3) For each male dog, neutered ........... 2.00
(4) For each female dog, spayed ......... 2.00
(5) Kennel of five (5) to twenty (20) dogs 25.00
(6) Kennel of twenty-one (21) or more .... 35.00
(b) No license tax shall be levied under this section on
any dog that is trained and serves as a guide dog for a blind
person or that is trained and serves as a hearing dog for a deaf
or hearing-imparied person. For the purposes of this subsection,
a "hearing dog" is a dog trained to alert its owner, by touch, to
sounds of danger and sounds to which the owner should respond.
(c)
neatered-er-spayed-dog-sitall-preseRtT-at-the-time-of-applieationT
enspayeel-dogs@ Any person who applies for a license taq for a
neutered or spayed doq shall present, at the time of application,
certification suitable to the C.ity Treasurer_.attesting to the
neutering 2r og.
@a@n f the if such certification is not so
January 9, 1984
- 14b -
presented the dog shall be taxed the fee levied on unneutered and
unspayed dogs.
This Ordinance shall be effective thirty (30) days after
the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of January 1984.
JDB/MES/re
01/0 4/8 3
(D)
-2-
- 15 -
Item II-H.5
CONSENT AGENDA ITEM # 21178
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council DEFERRED for two weeks (to January 23, 1984) an Ordinance
to amend and reordain Sec i@on-T-71 of the Code of the City of Virginia
Beach, Virginia, pertaining to DISPOSITTON OF UNREDEEMED ANIMALS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III@ 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 9, 1984
15a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-71 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DISPOSITION OF
UNREDEEMED ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-71 of the Code of the City of Virginia
Beach, Virginia, pertaining to disposition of unredeemed animals
is hereby amended and reordained as follows;
Section 5-71. Same - Disposition of unredeemed animal.
If a dog or cat impounded under this article is not
claimed by its owner within five (5) days, it shall be disposed
of in accord with the provisions of section 29-213.19 of the Code
of Virginia. In the event a resident of the city proposes to
adopt such an+mal dog or cat, pursuant to such section, he shall
pay a fee not to exceed fifty dollars ($50.00) to be determined
administratively by the city manager
eents-+O&rSg* to cover the cost of transfer, seizure and
veterinary care ef for the dog or cat. The person desiring to
adopt the dog or cat shall sign an adoption contract agreeing to
abide by the rules and regulations of the bureau of animal
control. Such person shall, in the case of a dog, obtain a
proper license for such a dog, pursuant to article III of this
chapter, within ten (10) days of such transfer.
Adopted by the Council of the City of Virginia Beach,
Virginia, this -- day of 1983.
KJC/da This drdinance shall be effective thirty days from adoption.
10/6/83
11/7/83
(MISC.1)
January 9, 1984
- 16 -
Item II-H.6
CONSENT AGENDA ITEM # 21179
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of
$11,900 to the POLICE DEPARTMENT for building alterations and equipment
(Public Safety Building). A Public Hearing was held on this item this date
(January 9, 1984) (see Item II-E.1).
Voting: 11-0
Council Members Voting Aye:
John A. Baum* Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III@ 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 9, 1984
-16a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $11,900 TO THE
POLICE DEPARTMENT FOR BUILDING
ALTERATIONS AND EQUIPt4ENT
WHEREAS, the Police Department indicates that the
present design of the reception area of the Public Safety
Building is inadequate for proper security and admittance,
and
WHEREAS, it is the desire of the Police Department
to structurally modify the reception area and also provide
office space for the Special Investigations Unit at a total
cost of $8,000, and
WHEREAS, in addition, the Police Department is in
need of additional connunications equipment for surveillance
operations and a hostage phone system for handling hostage
and barricaded criminal situations at a'total cost of $3,900, and
WHEREAS, the Police Department desires to utilize a
local contribution of $11,900 from a private citizen for
these various purposes, and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $11,900 are hereby
appropriated to the Police Department for building alterations
to the Public Safety Building and for additional communications
equipment needed in surveillance operations and hostage
situations and that local revenues be increased by $11,900 to
finance the appropriation.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 19
PUBLIC HEARING:- January 9. 1984
FIRST HEARING: January 9. 1984
SECOND HEARING:
January 9, 1984
- 17 -
Item II-H.7
CONSENT AGENDA ITEM # 21180
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED, on FIRST READING, an Ordinance to accept and appropriate
grants totaling $37,345 from the VIRGINIA DIVISION OF MOTOR VEHICLES. A
Public Hearing was held on this item this date (January 9, 1984) (see Item
II-E.2).
Voting: 11-0
Council Meinbers Voting Aye:
John A. Baum,*Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III* 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 9, 1984
-17a-
M OW TO GMM
$37,345 Fwm THE vi
DIVISICN OF VEMC-73-N AND TO
THESE FUNDS
MMM, City Couricil is interested in inproving traffic safety arxi
uq traffic acc@ts wi@ the City of Virginia Beach; and
WHEFtMs, grants totaling $37,345 fram the Viiiinia Division of
Vehicles are available for these purposes; and
WHEFEAS, no local funds are required.
NOW, , BE IT BY THE CITY CMM OF THE cny or
BEACH that furids fram the above grants be accepted and $37,345 be
appropriated to out the programs as follaws-
Police t
1. Ccqxter Autcmted Traffic S@ System $25,000
2. Field Breath Analysis Units 10,500
Public Works, Traffic Enqineeririq Division
1. Traffic Engineerirxj Training 1,845
Appropriations $37,345
BE IT FURTHER that esumted revenues frm the federal goverriment
be inc by $37,345 to finanoe the appropriation.
This o shall be effective fran the date of adoption.
Adopted by the Council of the City of Virgmia Beach on the day
of , 1983.
PMWC January 9, 1984
Blw @m: January 9, 1984
SBCOND FMDI%:
- 18 -
ltem II-H.8
CONSENT AGENDA ITEM # 21181
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED, on FIRST READING, an Ordinance to decrease the COMMUNITY
DIVERSION PROGRAM'S appropriations and revenues by $7,050.
Voting: 11-0
Council Members Voting Aye:
John A. BaLunj Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III* 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 9, 1984
-18a-
AN OIWINANCE To
THE CCMKJNITY DTVERSION PRDGRAMS
APPRDPRIATIONS AND BY $7,050
WHEFIFAS, the City Council appraved grants in the amumt of $166,800
for the CmnLmity Diversion Program (CDI) in the 1983-84 Fiscal Year, and
WHEWM, the Department of Corrections has reduced the grant award
by $7,050 fram $166,800 to $159,750, and
NOW, FE, BE IT 0 BY THE L OF THE CITY OF VIRGINIA
BEACH:
That FY 83-84 Community Diversion Programs appropriations and revenues
are hereby reduced in the @t of $7,050.
FIIW RWING: January 9, 1984
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1984.
January 9, 1984
- 19 -
Item II-H.9
CONSENT AGENDA ITEt4 # 21182
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer $15,227 within the COMMUNITY
DEVELOPMENT PROGRAM.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, III! 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 9, 1984
-19a-
AN ORDINANCE TO TRANSFER $15,227.00
WITHIN THE ITY PMENT
p
the Of f ice of Housing and C@ity Developrnent (HCD) for
the City of Virginia Beach has identified the need for additional funding of the
Newlight Street and Drainage Project, and
WHEREAS, funds are available in the Ccmmity Development eighth pro-
grain year strative budgets, and
, the use of these funds for the street project will not affect
the strative operation.
NCW, RE, BE IT 0 BY THE COUNCIL OF T-HE CITY OF VIRCINIA
BEACH, VIRGINIA:
That a transfer of appropriations in the mdunt of $15,227.00 be made
from the Eighth Program Year adm3-nistrative budget to the Eighth Program Year
Newlight Street and Drainage Project.
Adopted by the Council of the City of Virginia Beach on the 9th day
of January 198 4
January 9, 1984
- 20 -
Item II-H.10
CONSENT AGENDA ITEM # 21183
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer WATER AND SEWER Capital Projects
Funds of $28,350 for purchase of property for locating and maintaining a
WATER TRANSMISSION LINE (FIRST COLONIAL ROAD).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111' 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 9, 1984
- 20a -
AN ORDINANCE TO TRANSFER WATER AND SEWER
CAPITAL PROJECTS FUND OF $28,350 FOR
PURCHASE OF PROPERTY FOR LOCATING AND
MAINTAINING A WATER TRANSMISSION LINE
WHEREAS, City Council @ previously authorized the acquisition in fee
simple of property adjacent to the Norfolk-Southern Railroad right-of-way at or
abou@ its intersection with First Colonial Road for the purpose of locating and
maintaining a water transmission line, and
WHEREAS, the parcel, along with an appraisal and title examination is
estimated to cost $28,350, and
WREREAS, the Department of Public Utilities desires to transfer excess
appropriations in the Water and Sewer Capital Projects Fund for purchase of the
property,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $28,350 be transferred from excess funds in the Improvements
to Site account in the Water and Sewer Capital Projects Fund to project #5-973
First Colonial Road Phase Ill for purchase of property for a water transmission
line.
Adopted by the Council of the City of Virginia Beach on the 9th day
of January 19 4
L-1-ORDI January 9, 1984
- 21 -
Item II-H.11
CONSENT AGENDA ITEM # 21184
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing a temporary encroachment into a
portion of the rights-of-way of East Stratford Road, Bay Drive and Shore
Drive to 3556 SHORE DRIVE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, Assigns
and Successors in Title.
Voting: 11-0
Council Members Voting Aye:
John A. Baum@ Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, III' 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 9, 1984
-2la-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHTS-OF-WAY OF E. STRATFORD ROAD,
BAY DRIVE AND SHORE DRIVE TO 3556 SHORE
DRIVE ASSOCIATES, A VIRGINIA GENERAL
PARTNERSHIP, 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 3556 Shore Drive Associates, a Virginia general
partnership, is authorized to construct and maintain a temporary
encroachment into a portion of the City rights-of-way of E.
Stratford Road, Bay Drive and Shore Drive.
That the temporary encroachment herein authorized is
for the purpose of concrete bulkhead 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 rights-of-way known as E.
Stratford Road, Bay Drive and Shore
Drive, as shown on that certain plat
entitled: "PLAN VIEW BULKHEAD PLACEMENT,"
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 3556 Shore Drive Associates and
within ninety (90) days after such notice is given, said
encroachment shall be removed from the City rights-of-way of E.
Stratford Road, Bay Drive and shore Drive by 3556 Shore Drive
Associates, and that the 3556 Shore Drive Associates, its assigns
and successors shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the 3556 Shore Drive Associates, its assigns and
-2lb-
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 3556 Shore Drive Associates 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,
Virginia, on the 9th day of January 19 84
MES/re
12/16/83
1/3/84
(29H)
DEPARTMENT
0 FORM
CITY Al'@RNEY
-2-
Januar 9 1984
-21c-
CNESAPKAN
NOTE
1. ALL ELEVATa4 ON M.L.W. 0.00
CHESAPEAKE
SAY VICINITY MAP
-PROPO@CONC.
'BULKHEArt.@!a ELEV. 12.00)
ROPOSI
SHORE DRP4E U. RTE. 60
Pmpm: "LICHM @off PLAN VIEW
ow
O&TW, E.LIL - 0. 00
JACROT @MTV @RS: 1'. 100'
THK CRUAFCAag G* "M SAV 10 CHCSAPEAKE OAT '47
AT %now& stacm,
C I r'F OF VA. OffACH 6TATC VA.
BULKHEAD PLACEMENT
my wmftwv in P*Opcom
LIMITED FAATMERWO I
ON- I Cr 10 SATC 10 - 27- 83
ar 9 1984
-2ld-
01 CHESAPEAKE SAY
w
w
W
-Duist
z
DETAIL
EET 8
PROP CONTO
PROP RIP-RAP
VD.H.&T CLASS
PLAN VIEW
@N: @HF.AD PukcgMKXT to 0 30
*&vvo KLW- - 0.00
"JACabi @aTi oweams: to CMGSAPIEARE SAY
AT VIMIOIIA SCAC"
a W.E SHEET I BULKHEAD PLACEMENT cirlr or wa@ eirayll UL
ow - m --
Liurna @omir I
5 of 10 D&Tig 10-27- 83
January 9, 1984
-2le-
t
CHESAPEAKE SAY
2.
w
w
.. . . ............................... .
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rmop CONC.-
SEE DETAILLI I BULKHEAD
SHEET 7
. ........ .
PLAN VIEW
O&TWO ILL.W.- 0.00 so a so
A04ACamy @nty owmans: M.
CM"PGAIgg GAY
AT VIMMIA M"
BUL.KHUD PL=Mvff CtrY OF VA. B&ACH STATE VA.
A-LICATM my @ d @wy
--T 2 10 OATC fO-27-83
January 9, 1984
-21f-
D-U OF WAMR ... SAY
C14ESAPEAKE...
w
w
w
w
w UWD
w
...... A"ftX..To OF DUNS
...................................................... ....... .......... ... .......... . ..............................
DRIVE
SAY
PROP TOP OF .%Fp- cow-
w BULKHEAD ELE (BULKHEAD
Z
PLAN VIEW
20 no
o&Two ILLW- 0,00
MMACCIOT @RTW ow CNZUMAI[G BAT
I AT VIMMIA DCACH.
cffv or 'A. STATE w
a $U SHUT I BTLKNEAD PLACEMENT mftocavom @v@TT IN NW--
LONOTO PMTNERS"IP I
a smagr 3 or 10 D&Tg 10-27-6i
January 9, 1984
-21g-
... C"CSAPUO
DAY
w
w
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%PPROX
............. . .................. .... ....
w
z
w
z
14
.12.00
,C, PROP
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ITYR)
2D PLAN0 VIEW so
"Two N.L%t 0.00
@"hT @NTV OVINCOS: IN CHI@AICE "V
AT vio@ o@
$99 $NUT I OMKHFAD PLACILMENT CITY OF VA. BEACH STATE VA.
al @ N @
ummo -'p '
soint 4 - 10 0=10-27-.3
-21h-
THIS AGREEMENT, made this 30th day of December, 1983, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
1 corporation, party of the first part, and 3556 SHORE DRIVE
ASSOCIATES, a Virginia general partnership, ASSIGNS AND SUCCESSORS
IN TITLE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the second
part to construct and maintain a concrete bulkhead behind its
proposed condominium located at the intersection of E. Stratford
Road and Shore Drive in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such concrete
bulkhead, it is necessary that the said party of the second part
encroach into a portion of an existing City rights-of-way of E.
Stratford Road, Bay Drive and Shore Drive; and said party of the
second part has requested that the party of the first part grant
a temporary encroachment to facilitate such concrete bulkhead
within a portion of the City rights-of-way of E. Stratford Road,
Bay Drive and Shore Drive.
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the party of the
second part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part,
receipt of which is hereby acknowledged, the party of the first
part both grant to the party of the second part a temporary
K SrA,%-r, P.C.
January 9, 1984
-2li-
encroachment to use a portion of the , City rights-of-way of
E. Stratford Road, Bay Drive and Shore Drive for the purpose of
constructing and maintaining such concrete bulkhead.
It is expressly understood and agreed that such temporary
encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City ot
Virginia Beach, and an accordance with the City of Virginia Beach
Public Works Department's specifications and approval as to size,
alignment and location and is more particularly described as
follows, to wit:
An area of encroachment into a portion of the
City's rights-of-way known as E. Stratford
Road, Bay Drive and Shore Drive, as shown on
that certain plat entitled: 'PLAN VIEW
BULKHEAD PLACEMENT,' a copy of which is
attached hereto and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, that the City of Virginia Beach intends to improve, fori
public purposes, any portion of East Stratford Road, Bay Drive or'
Shore Drive which is subject to the easement encroachment granted.
herein, and that within ninety (90) days after such notice is
given, such temporary encroachment shall be removed from the City@
rights-of-way of E. Stratford Road, Bay Drive and Shore Drive by
the party of the second part; and that the party of the second
part shall bear all costs and expenses of such removal.
K SL@ANT, P.C.
2
-21j-
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including rea-
sonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of such
temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such per-
mission and authority to permit the maintenance or construction
of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance
and construction of any encroachment by anyone other than the
party of the second part, its duly authorized agent or employer.
it is further expressly understood and agreed that the
six foot contour will be restored after construction of the
bulkhead, and that the exposed portion of the proposed structure
will be constructed above the six foot contour.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending sucli removal,
STAITY, P.C.
A-.@@
V
3
-21k-
the party of the f irst part may charge the party of the second
part compensation for the use of such portion of the easement
encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the party of
the second part; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City shall impose,
a penalty in the sum of One Hundred Dollars ($100.00) per day for,
each and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
CITY OF VIRGINIA BEACH
By
(SEAL) City Manager
ATTEST:
City Clerk
3556 SHORE DRIVE ASSOCIATES,
a Virginia general partnership
By its general partner: INGENUITY IN PROPERTY LIMITED
PARTNERSHIP 1,
a Virginia limited partnership
By its general partner: DIVARIS KANAGEMENT CORP.
By:_
@@ent
K STANrr, P.C.
T
4
January 9, 1984
7-
-21 1-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for,
the City and State aforesaid, do hereby certify that THOMAS H
MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, tor
the CITY OF VIRGINIA BEACH, whose names as such are signed to the
foregoing Agreement have acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
198
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
i, Fran Hildreth a Notary Public Public in and
for the City and State aforesaid, do hereby certify that G. S.
Divaris, President of DIVARIS MANAGEMENT CORP., a Virginia cor-
poration, and which is the general partner of INGENUITY IN
PROPERTY LIMITED PARTNERSHIP 1, which is the general partner of
ittb SMUKE DRIVE ASSOCIATES, whose name is signed to the
foregoing Agreement has acknowledged the same before me ill iuy
I City and State aforesaid.
GIVEN under my hand this 30th day of December
1983.
K STANT. P.C. Notary Public
My Commission Expires: I was commissioned Fran Taylor
April 30, 1985
5
January 9, 1984
-21 m
CHESAPE
NCYTE
1. ALL M"ATIONS ON M,LW.. 0.00
CHESAPEAKE
BAY vicim
ELEV. 12.00)
SHORE DRIVE U. S. RTE. 60
PLAN VIEW
too a we
DATUN- N.LW.. 0.00
JACENT al ltffry Ma:
The CMISAMAXE ON THIE MAT ii CHESA"A-Z NAY
%MMMA *CACIO
of
BULKHEAD PLACEMENT c#T' vt@u
@IcAkrom ow ou@v I-*opfwn I
January 9, 1984
-21n-
CHESAPEAKE BAY
X@7
-Duaig
DETAIL
MEET 8
qc
ROP CONTOUR
PROP RIP-RAP
VD.H.ST CLASS
n
PVRPQSC: IULKWAD PLACEMC$ff 20 PLAN a VIEW 20
*.Two KLW- - 0.00
P.WTRTT O..Cms: - IN CMESAPEAICK DAY
AT vimloila &"CN
a KE SHEET I BULKHEAD PLACEMENT C$rlr or V&o@ BTATE ML
@ICATON 61@'w p-g-
a LOUrrIED @@IP I
S.99T 5 m 10 O.Ya 10-27-83
January 9, 1984
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-2lo-
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Apftlcavpm my @ of @per"
UN'MDRWWltgmlp ,
ingtir 2 of (O O.Vt tO-27-83
January 9, 1984
-21p-
KE 0-U Of' WAY" SAY
C14ESAPEA
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...... ......... ... . .. ............... . ...........
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RI VE
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w OULKNIIAD ELI
PURPOSI: BULKNM @IL&Klff PLAN VIEW
0
DATUM KLLW- - 0.00
AD.O&Cgl.v @RNTY OWNERS:
ill CHESAPIEAKK DAY
AT VIOMNIA UACH
SEE SHEET I BULKHEAD PLACEMENT crriv or %%. @ WT&TE UL
a @ICATME ev @TY in @TY
LINIT90 PMTKITSHIP I
I INIETT 5 (W 10 DATC 10-27-83i
----.Janu-@9, @4--
-21q-
SAY
z
z
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0.
PROP
CONTMR
(TYR)
PUM"Sg: BULKMF" PLACUENT PLAN 0VIEW no
"TUM M.LVE - 0.00
me,
visom s@
a SEE SHEET I BULKHIEAD PLACEMENT CITV W V&. birACH S'fAT9 VA.
a ST @ el @
UNMD @ip I
S-ittr 4 OF 10 DAYCIO-27-83
Janiary 1, 1'98,7
- 22 -
Item II-H.12
CONSENT AGENDA ITEM # 21185
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED the low bid of MAJOR T. ARCHBELL, INC. in the amount of
$498,694 for the SMALL LINE IMPROVEMENTS PROJECT; AND, AUTHORIZED the City
Manager to enter into the necessary agreements fo@the implementation of
this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III* 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 9, 1984
- 23 -
Item II-H.13
CONSENT AGENDA ITEM # 21186
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED a Raffle Permit for TRI CITY ORT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum,* Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III,* Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
*Verbal aye. January 9, 1984
- 24 -
Item 11-H.14
CONSENT AGENDA ITEM # 21187
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances authorizing LICENSE REFUNDS (in the amounts of
$171.15, $485.29, $516.17, totaling $1,172.61) upon application of certain
persons and upon certification of the Commissioner of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum@; Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, IIIJ 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 9, 1984
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSC)NS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC@I, VIRGINIA:
1 4
That the fOllOwing applications tor license refunds, upon certification of the Conimissioner of the
Revenue are hereby approved:
NAME L icense Date Base Perially flit. Total
Year Paid
A A & A Auto Sales, Inc.
T/A Same
8809 Gramel Street
Norfolk, VA 23503 1983 10/4/83
Baldwin, Everett j.
T/A Baldwin Blasting & Coatings
20 Campton St., R2, c/o Pat Kelly
Seabrook Beach, NH 03874 19R2/83 Audit 25.:)O
Bubba's Hot Dogs, Inc.
5277 Princess Anne Rd.
Va. Beach, VA 23462 1983 5/18/83
Ce ed as to Payment:
Ivan D. Mapp
Commissioner of RevenL]e
orm:
This ordinance shall be effecti,e from date of
adoption.
The above abatement(s) totaling@17_1. 15 were approved by the Couticil
of the City of Virginia Beach on the th day of January-___ ------
84
.th Hdge. Sith
City Clerk
J,,nuary 9, 1984
FORM NO. C.A. 8 -24b-
AN ORDINANCE AUTHORIZING LICENSE @UNDS
UPON APPLICATION OF CERTAIN PERSONS ANb
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 L icense Date Base Penalty Int. Total
Year Paid
Peck, Calvin
P. 0. Box 4648
Va. Beach, VA 23454 1982/83 Audit 1.76.01
Peck Enterprises, Inc.
P. 0. Box 4648
Va. Beach, VA 23454 1981/83 Audit 133.85
R. L. Riggs, Ltd.
T/A Western Auto Assoc, Store
915 Goldsboro Ave.
Va. Beach, VA 23451 1983 6/5/83 175.43
c to.Payment:
Ivan D. Mapp
Commissioner of Revenue
A
This ordinance shall be effective from date of ity Attorney
adoption.
The above abatemengs) totaling $ 4 8 5 . 2 9 were approved by the Council
of the City of Virginia Beach on the @th-- day of 1 9 -E-4--
Ruth Hodges Smith
City Clerk
January 9, 1984
AN ORDINANCE AUT 0 ZI NG LICENSE REFUNDS
UPON APPLICATIONUCERTAIN PERSONS AND
UPON CER,RIFICATION 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 L lcense Date Base Penalty Int. Total
Year Paid
hacker Enterprises, Ltd.
5201 Va. Beach Blvd.
a. Beach, VA 23462 1983 6/22/83
inchester Associates, Inc.
3908 Shady Oaks Drive
a. Beach, VA 23455 1982 Audit 32.OP
Ce ed as to P@yment:
Ivan D. Mapp
Commissioner of Revenue
Approved as to form:
This ordinance shall be effective from date of y Attorney
adoption.
The above abatement(s) totalind .17 were approved by the Council
9th January
of the City of.V.Irginia Beach on the-day of .1984
Ruth Hodges Smith
City Clerk
January 9, 1984
- 25 -
item II-H.15
CONSENT AGENDA ITEM # 21188
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances authorizing TAX REFUNDS (in the amounts of
$1,191.82, $268.08, $47.88 and $1,737.62, totaling $3,245.40) upon applica-
tion of certain persons and upon certification of the Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Bauml Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 1111 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 9, 1984
-25a-
1 21 21 83 [M(
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 lnt. Tot@
Y ear of Tax Number tion No. Paid
Image & Sound Productions 82 pp 147503-0 12/5/82 737.@@
Esther 0 McCarthy 82 pp 149128-1 1 1/1 1/@52
Steven Hall 81 pp 140308 11/28/81
Steven Hall 82 pp 146582-6 12/6/82
Evelyn R Bridges 83 pp 163403-7 11/4/83 101.1
Total I '191 A@,
This ordinance shall be effective from date of adoption.
The above abatement(s) toialing
- 2 were approved by
the Council of the City of Virginia
Beach on the 9 day of an. 1984.
Ap d as to fo
Ruth Hodges Smith
City Clerk
D@l@bl-mson,'Cil-y Attorney
-25b-
1 211 6/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNI)S
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- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Dorothy E Knott 83 pp 174488-2 11/10/83 138.90
P Lee Starkey 83 pp 183801-3 12/5/83 129. 1 @I
Total 268.0i;
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling to paym
268.08-___ were approved by
the Council of the City of Virginia
Beach on the 9 day of Jan. 198.4
nson, Trea@urer
Approved as to form:
Ruth Hodges Smith
City Clerk
ey
NO. C.A. 7 1 2/ 22/ 83 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 appllcations for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exoiiera- Date P@n.ity lilt. Tot,,l
NAME Y ear of Tax Number tion No. Paid
44858-2 11/25/81 11.34
Jan P & Danny Kucharczk 82 RE(1/2) 5/26/82 11.34
Jan P & Danny Kucharczk 82 RE(2/2) 44858-2 12/2/82 I?.60
Jan P & Danny Kucharczk 83 RE(1/2) 46322-4 5/31/83 I'll.bU
Jan P & Danny Kucharczk B3 RE(2/2) 46322-4
Total 47.88
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c to paym
were approved by
the Council of the City of Virginia
Beach on the @ day of @@4. n@ na
Ruth Hodges Smith
City Clerk Attorney
January 9, 1984
-25d-
0. C.A. 7 1 2/ 9/ 83 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 follovving applicat,lons for tax refunds upon certification of the Treasurer are i,ereby approved:
x Type Tickct Exonera. Date Penalty lnt. Total
Ta Paid
NAME Year of Tax Number tion No.
82 pp 143289-9 11 / 29/ 82 1 3@i. @i4
ame,s L Boileau 141233 11/23/81 614.40
age & Sound Prod 81 pp -8 6/5/83 113.00
vid L Brooks 83 pp 17179 6/5/83 II,. 00
D L & C Brooks 83 pp 17180-5 5/8/83 270. t)(,)
Edward G &MarY E Kreyling 83 pp 81163-2 5/8/83 4 3.'3@,
Edward G &Mary E Kreyling 83 pp 81164-1 12/5/81 1 @)o. 10
Associated Tax Service 82 RE(1/2) 4372-3 119.10
6/5/82 @3
Associated Tax Service 82 RE(2/2) 4372-3 12/5/80
Associated Tax Service 81 RE(1/2) 4326-1 6/5/81 126.90
Service 81 RE(2/2) 4326-1 12/1/83 30.00
Associated Tax N/A Pkng 4186 30.00
J K Williams N/A Pkng 41543 10/31/83
E Lynn Forehand
Total 1,737.0;,
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
1737 . 62 were approved by
t-hwEo-.n-ci-l of the City of Virginia
Beach on the-9 -day of -Jan.--1984- Ji
A
Ruth Hodges Smith
city Clerk Attorr ey
- 26 -
Item II-I.1
PLANNING ITEM # 21189
With both conditions of Council's approval October 3, 1983 (Item #20715)
having been met, Councilman Jennings made a motion, seconded by Vice Mayor
Henley, whereupon City Council granted FINAL APPROVAL for the street closure
in the petition of JOHN FRANKLIN, III and MARTHA D. FRANKLIN as follows:
Application of John and Martha D. Franklin, III for
the discontinuance, closure and abandonment of a
portion of an undeveloped 15-foot alley bounded
by Elm Avenue on the south and Dare Drive on the
north, which lies between Lot 13 of Block 21 on
the west, and Lot 27, of Block 21, on the east, as
shown on that plat of Croatan Beach recorded in
Map Book 24, page 37, in the Clerk's Office of the
Circuit Court. Said parcel contains 750 square
feet more or less. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 9, 1984
- 27 -
Item II-I.2
PLANNING ITEM # 21190
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DENIED an Ordinance upon application of ELAYNE THYMIDES for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ELAYNE THYMIDES FOR
A CHANGE OF ZONING FROM R-6 TO R-8
Ordinance upon application of Elayne Thymides for
a Change of Zoning District Classification from
R-6 Residential District to R-8 Residential District
on certain property located at the northeast corner
of South Birdneck Road and Hughes Avenue, running
a distance of 201.82 feet along the north side of
Hughes Avenue, running a distance of 71 feet along
the eastern property line, running a distance of
169.91 feet along the northern property line and
running a distance of 77.82 feet along the east
side of South Birdneck Road. Said parcel contains
13,830 square feet. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, liarold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 9, 1984
- 28 -
Item 11-1.3
PLANNING ITEM # 21191
Jim Carr represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of NATIONAL CHILD
CARE CENTERS, INC. for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF NATIONAL CHILD CARE
CENTERS, INC. FOR A CONDITIONAL USE PERMIT FOR A
DAY CARE CENTER R0184596
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRCTNIA BEACH, VIRGINIA:
Ordinance upon application of National Child Care
Centers, Inc. for a Conditional Use Permit for a
day care center on certain property located on the
south side of Old Donation Parkway beginning at
a point 900 feet west of First Colonial Road, running
a distance of 59.97 feet along the south side of
Old Donation Parkway, running a distance of 22.47
feet in a southerly direction, running a distance
of 16.86 feet in a southwesterly direction, running
a distance of 165.64 feet in a southerly direction,
running a distance of 154.42 feet in a southeasterly
direction, running a distance of 80 feet more or
less in a northeasterly direction and running a
distance of 180 feet more or less along the west
side of First General Parkway. Said parcel contains
32,443 square feet. LYNNHAVEN BOROUGH.
As a condition of the Use Permit, the following was required:
1. Installation of an automatic sprinkler system meeting the
approval of the City Fire Protection Engineer.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 9, 1984
- 29 -
Item II-I.4
PLANNING ITEM # 21192
John C. Matish represented the applicant.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of TIDEWATER REG10NAL
GROUP HOME COMMISSION for a Conditional Use Permit for a children's
group home;
AND,
ADOPTED a Resolution authorizing the City Manager to negotiate and execute
a lease between the City of Virginia Beach and TIDEWATER REGIONAL GROUP
HOME COMMISSION for the property located at the corner of 13th Street and
Parks Avenue, Virginia Beacb, Virginia, to house the "Tidewater Regional
Group Home Commission Crisis Inter-vention Center".
ORDINANCE UPON APPLICATION OF TIDEWATER REGIONAL
GROUP HOME COMMISSION FOR A CONDITIONAL USE PERMIT
FOR A CHILDREN'S GROUP HOME R0184597
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Tidewater Regional
Group Home Commission for a Conditional Use Permit
for a children's group home on certain property
located on the north side of 13th Street beginning
at a point 125 feet west of Parks Avenue, running
a distance of 250 feet along the north side of 13th
Street, running a distance of 140 feet along the
western property line, running a distance of 250
feet along the northern property line and running
a distance of 140 feet along the eastern property
line. Said parcel contains 35,000 square feet.
VIRGINIA BEACH BOROUGH.
As a condition of the Use Permit, the following was required:
1. Installation of automatic fire alarm and sprinkler systems
meeting the appproval of the City Fire Protection Engineer.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None January 9, 1984
-29a-
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A LEASE BETWEEN
THE CITY OF VIRGINIA BEACH AND TIDEWATER
REGIONAL GROUP HOME COMMISSION FOR THE
PROPERTY LOCATED AT THE CORNER OF 13TH
STREET AND PARKS AVENUE, VIRGINIA BEACH,
VIRGINIA, TO HOUSE THE 'TIDEWATER REGIONAL
GROUP HOME COMMISSION CRISIS INTERVENTION
CENTER"
WHEREAS, there exists a strong need in the City of
Virginia Beach for a Crisis Intervention Center; and
WHEREAS, the City of Virginia Beach, Virginia, desires
to provide the land to the Commission for a 'Crisis Intervention
Center;' and
WHEREAS, the Tidewater Regional Group Home Commission
has agreed to construct a suitable building and to provide the
personnel and equipment to operate a Crisis Intervention Center at
the aforesaid location; and
WHEREAS, the City Manager is in the process of
negotiating a lease with the Commission, a copy of which is
attached hereto labeled as Exhibit A, for the property located at
the corner of 13th Street and Parks Avenue to accomplish this
end.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach,
Virginia, be, and he hereby is, authorized to negotiate and
execute a lease agreement with the Tidewater Regional Group Home
Commission for the property located at the corner of 13th Street
and Parks Avenue, Virginia Beach, Virginia, for the purpose of
providing a Crisis Intervention Center for Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on January 9 1984.
CLL/sm
1/3/84
(RES.3)
January 9, 1984
- 30 -
Item II-1.5
PLANNING ITEM # 21193
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING
CORPORATION for a Conditional Use Permit for open space promotion;
AND,
APPROVED a Variance to Section 4.4(b) of the SUBDIVISION ORDINANCE per the
following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDTNG
CORPORATION FOR A CONDITIONAL USE PERMIT FOR OPEN
SPACE PROMOTION R0184598
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Conditional Use Pennit for open
space promotion on certain property located on the
east side of Great Neck Road beginning at a point
810 feet south of Upper Chelsea Reach, running a
distance of 2117.10 feet along the east side of
Great Neck Road, running a distance of 2181.37 feet
along the southern property line, running a distance
of 3800 feet more or less along the eastern property
line, running around a curve in a northwesterly
direction a distance of 3998.67 feet, running a
distance of 690 feet in a southwesterly direction,
running a distance of 396.56 feet in a southeasterly
direction, running a distance of 637.04 feet in
a southerly direction, running a distance of 827.17
feet in a southwesterly direction, running a distance
of 755.45 feet in a southerly direction and running
a distance of 414.93 feet in a southwesterly direction.
Said parcel contains 249 acres. LYNNHAVEN BOROUGH.
As conditions of the Use Permit, the following were required:
1. Dedication of the proposed right-of-way and the temporary
construction easements along the frontage on Great Neck Road.
2. Recreational/open space shall be for the benefit of those
residing in this development.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
A N D,
January 9, 1984
- 31 -
Item II-1.5
PLANNING ITEM # 21193 (continued)
Appeal from decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for R. G. Moore Building
Corporation. Property located on the east side
of Great Neck Road, 810 feet south of Upper Chelsea
Reach. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
- 32 -
Item II-1.6
PLANNING ITEM # 21194
Attorney Grover Wright represented the applicant.
Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of GLORIA H. DAVIS for a Conditional
Use Permit for three single-family dwellings;
AND,
APPROVED a Variance to Section 4.4(b) of the SUBDIVISION ORDINANCE per
the following:
ORDINANCE UPON APPLICATION OF GLORIA H. DAVIS FOR
A CONDITIONAL USE PERMIT FOR THREE SINGLE-FAMILY
DWELLINGS R0184599
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gloria H. Davis for
a Conditional Use Permit for three single-family
dwellings in AG-1 Agricultural District on certain
property located along the south side of Drum Point
Road, running a distance of 736.67 feet east of
Muddy Creek Road, running in an easterly direction
along the south side of Drum Point Road a distance
of 448.37 feet, running in a southerly direction
a distance of 577.93 feet, running in an easterly
direction a distance of 345.91 feet, running in
a southerly direction a distance of 756.13 feet,
running in a westerly direction a distance of 84.18
feet, running in a southerly direction a distance
of 1514.9 feet, running in a westerly direction
a distance of 420.22 feet, running in a northwesterly
direction a distance of 267.64 feet, running in
a northerly direction a distance of 2579.33 feet.
Said parcel contains 36.19 acres. PUNGO BOROUGH.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
A N D,
Appeal from decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Gloria H. Davis. Property
located on the south side of Drum Point Road, 736.67
feet east of Muddy Creek Road. Plats with more
detailed information are available in the Department
of Planning. PUNGO BOROUGH.
January 9, 1984
- 33 -
Item II-I.6
PLANNING ITEM # 21194 (continued)
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
- 34 -
Item IT-I.7
PLANNING ITEM # 21195
Dr. Nino Aloro represented himself.
Upon motion by Councilman Jennings, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance upon application of DR. NINO ALORO
for a Change of Zoning, subject to adequate screening of existing residences
directly to the north of the subject site, per the following:
ORDINANCE UPON APPLICATION OF DR. NINO ALORO FOR
A CHANGE OF ZONING FROM R-6 TO 0-1 Z0184800
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Dr. Nino Aloro for
a Change of Zoning District Classification from
R-6 Residential District to 0-1 Office District
on certain property located at the northwest corner
of Laskin Road and Farmington Road, running a distance
of 140 feet more or less along the north side of
Laskin Road, running a distance of 153 feet along
the western property line, running a distance of
168.83 feet along the northern property line and
running a distance of 152.83 feet more or less along
the west side of Farmington Road. Said parcel contains
23,612.36 square feet. LYNNHAVEN BOROUGH.
Approval was subject to the following:
1. Adequate screening of existing residences directly to the
north of the site.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice 14ayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 9, 1984
- 35 -
Item II-1.8
PLANNING 1TEM # 21196
Delegate Owen Pickett represented the applicant.
Opposition:
Attorney William Wahab, representing Lynnhaven Colony Civic League (presented
petitions which are hereby made a part of the record)
Alexander Platt, Vice President, Lynnhaven Colony Civic League
Alfonzo Strazzullo
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of DORIS N. ABSALOM TRUST
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF DORIS N. ABSALOM TRUST
FOR A CHANGE OF ZONING FROM R-8 TO B-2 Z0184801
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA:
Ordinance upon application of Doris N. Absalom Trust
for a Change of Zoning District Classification from
R-8 Residential District to B-2 Communith-Business
District on certain property located at the northeast
corner of Cape Henry Drive and Urchin Road on Lots
8 through 14, Block L, Lynnhaven Beach. Said parcel
contains 1.31 acres. LYNNHAVEN BOROUGH.
Approval was subject to the following conditions:
1. Proper screening is to be provided along the southern property
line on Cape Henry Drive.
2. Entrances to this parcel shall be on Urchin and Sea Shell Roads.
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None January 9, 1984
- 36 -
Item II-I.9
PLANNING ITEM # 21197
This item was moved forward on the Agenda and was the first Planning item
heard.
Attorney Bruce Mills represented the applicant and presented a Deed of
Easement and Deed of Restrictions, which will be made a part of the applica-
tion (subject to review by the City Attorney). Mr. Mills called attention
to the fact that the parcel in question consisted of 6.9 acres rather than
10.3 acres as indicated in the Agenda.
In favor:
Maurice Conner, President, Thoroughgood Civic League
Malcom Higgins, Attorney, representing Thoroughgood Civic League
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of DANNY L. COLLIER
and WILLIAM R. COLLIER for a Change of Zoning, with conditions as outlined
below;
AND,
APPROVED a Variance to Section 5.5(a) and 5.5(b) and 5.6 of tbe SUBDIVISION
ORDINANCE per the following:
ORDINANCE UPON APPLICATION OF DANNY L. COLLIER
AND WILLIAM R. COLLIER FOR A CHANCE OF ZONING FROM
B-1 TO R-5 Z0184802
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA:
Ordinance upon application of Danny L. Collier and
William R. Collier for a Change of Zoning District
Classification from B-1 Business-Residential District
to R-5 Residential District on parcels located at
4700 Thoroughgood Square.
Parcel 1: Located on the south side of Hermitage
Road beginning at a point 220 feet more or less
southeast of Pleasure House Road, running a distance
of 527.75 feet in a southeasterly direction, running
a distance of 270 feet in a northeasterly direction,
running a distance of 400 feet more or less along
the south side of Hermitage Road, running a distance
of 70 feet in a westerly direction and running a
distance of 199.95 feet in a southwesterly direction.
Parcel 2: Located on the noth side of Hermitage
Road beginning at a point 300 feet more or less
southeast of Pleasure House Road, running a distance
of 1270.17 feet along the north side of Hemitage
Road, running a distance of 494 feet more or less
along the eastern property line, running a distance
of 358.44 feet along the northern property line,
running a distance of 90 feet in a southwesterly
direction, running a distance of 150 feet in a southeasterly
direction, running a distance of 130 feet in a southwesterly
direction, running a distance of 150 feet in a northwesterly
direction and running a distance of 170.95 feet
in a southwesterly direction.
Parcel 3: Located at the northwest intersection
of Thoroughgood Drive and Collier Lane, running
a distance of 326.19 feet along the north side of
Thoroughgood Drive, running a distance of 300 feet
more or less along the western property line, running
a distance of 387.34 feet along the northern property
line and running a distance of 195.17 feet along
the eastern property line.
Said parcels contain 6.9 acres. BAYSIDE BOROUGH.
- 37 -
Item II-I.9
PLANNING ITEM # 21197 (continued)
Approval of the Change of Zoning was subject to the following conditions:
1. 2,000 square-foot minimun house size.
2. 10-foot easement.
3. Retention of brick pillars at the entrance.
4. Maximum of one unit per lot (total of 19 lots).
This Ordinance shall be effective the date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth day of
January, Nineteen Hundred and Eighty-Four.
A N D,
Appeal from decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Danny L. Collier and
William R. Collier. Property located on the south
and north sides of Hermitage Road and the north
side of Thoroughgood Drive. Plats with more detailed
information are available in the Department of Planning.
BAYSIDE BOROUGH.
NOTE: This Variance applies only to the interior
streets of this subdivision.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 9, 1984
38 -
ADD-ON ITEM 21198
S P E C I A L B U L L E T I N
At 3:40 p.m., Mayor Jones announced that the City of Virginia Beach had just
received confirmation that it had been issued a Section 404 Permit by the
U. S. Army Corps of Engineers in response to the City's application for
withdrawal of water from Lake Gaston in North Carolina.
Mayor Jones stated that this endeavor had become a reality due to City
Council's cooperative efforts. He expressed appreciation for the efforts
expended by City Manager Muehlenbeck, as well as Public Utilities Director
Aubrey Watts.
January 9, 1984
- 39 -
ADD-ON ITEM # 21199
N E W S R E L E A S E
Mayor Jones read the following News Release:
"The City of Virginia Beach today filed two law suits in the United
States District Court in Norfolk, Virginia, seeking to establish the legality
of its plan to build and operate a water supply pipeline from Lake Gaston
to Virginia Beach. These actions followed the issuance today of the pipeline
construction permit by the U. S. Army Corps of Engineers in Norfolk.
"The two law suits were filed as class actions to bind all persons
who object to the construction of the pipeline or who own land abutting
the Roanoke River in North Carolina. The defendants named in the suits
are representatives of the classes, and any other person who opposes the
pipeline or who owns land along the river may be entitled to intervene in
one or both suits for the purpose of opposing the pipeline project.
"One of the suits asked the Court to declare that the construction
permit issued by the Corps of Engineers is valid. Opponents of the pipe-
line have charged that the Corps could not lawfully issue a permit without
first preparing an Environmental Impact Statement (EIS). The Corps found
that the pipeline project would have no significant environmental impact
and that preparation of an EIS was not required by law.
"The second suit seeks a declaration that the 'riparian rights' of
land owners along the Roanoke River in North Carolina will not be violated
by the operation of the pipeline. Opponents to the withdrawal have com-
plained about adverse effects of reduced amounts of water flowing down-
stream in the Roanoke River. The Virginia Beach law suit alleges that
any reduction in stream flow will be insignificant and will not damage
downstream land owners.
"Defendants in the two actions include the Roanoke River Basin Asso-
ciation, an organization which has coordinated opposition to the pipeline,
and three of its officers or former officers; North Carolina Governor James B.
Hunt; Champion International Corporation; and, Weyerhaeuser Corporation,
which owned riparian land on the Roanoke River.
"Virginia Beach plans to build an 84.5 mile pipeline across Southeastern
Virginia for the purpose of meeting its water supply needs through the year
2030. The Corps of Engineers' permit authorizes withdrawal from Lake Gaston
of a maximum of 60 million gallons of water per day (MGD). Virginia Beach
plans to withdraw only 10 MGD in 1990, increasing to 48 MGD by 2030. The
remainder of the 60 MGD authorized by the Corps will be divided among the
cities of Chesapeake and Franklin, and Isle of Wight County, Virginia.
"Current estimates project Virginia Beach's cost of construction to be
$176 million,exclusive of financing cost. Delays in construction will
increase those costs by approximately $1 million per month. The City filed
the two law suits in order to have a speedy and comprehensive resolution of
the legal question presented by pipeline opponents and therefore avoid costly
delays in cotistruction."
Mayor Jones advised that anyone having questions regarding the above
should contact City Attorney Dale Bimson.
January 9, 1984
- 40 -
Item II-1.10
PLANNING ITEM # 21200
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance to AMEND AND REORDAIN Article 14, Section 1406,
of the WETLANDS ZONING ORDINANCE (increasing the number of votes required for
a majority).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 1984
-40a-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 14, SECTION 1406 OF THE
WETLANDS ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 14, Section 1406, of the Wetlands Zoning
Ordinance be amended and reordained in part as follows:
Section 1406. Action of board.
In acting on any application for a permit, the board
shall grant the application upon the concurring vote of three-+3f
four (4) members. The chairman of the board, or in his absence
the acting chairman, may administer oaths and compel the
attendance of witnesses. Any person may appear and be heard at
the public hearing. Each witness at the hearing may submit a
concise written statement of his testimony. The board shall make
a record of the proceeding, which shall include the application,
any written statements of witnesses, a summary of statements of
all witnesses, the findings and decision of the board, and the
rationale for the decision. The board shall make its
determination within thirty (30) days from the hearing. If the
board fails to act within such time, the application shall be
deemed approved. Within forty-eight (48) hours of its
determination, the board shall notify the applicant and the
commissioner of such determination and if the board has not made
a determination it shall notify the applicant and the commission
that thirty (30) days has passed and that the application is
deemed approved.
January 9, 1984
-40b-
The board shall transmit a copy of the permit to the
commissioner. If the application is reviewed or appealed, then
the board shall transmit the record of its hearing to the
commissioner. Upon a final determination by the commission, the
record shall be returned to the board. The record shall be open
for public inspection at the office of the recording officer of
the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on January 9, 1984
DSH/re
10/14/83
(B)
APPROVED AS TO CONTENT
A C,'@ TO FO R @'i
/;,y
-2-
- 41 -
Item II-J. 1
UNFINISHED BUSINESS
ADD-ON ITEM # 21201
Regarding Green Run, Phase V, final Land Management modification (December 19,
1983), Councilman Robert Jones requested the City Manager advise Council on
the City's position relating to the Comprehensive Plan and PUD.
January 9, 1984
- 42 -
Item II-K.1
NEW BUSINESS ITEM # 21202
NOTE: Vice Mayor Henley presiding in the absence of Mayor Jones.
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council CONSENTED to RECONSIDER the release of a condition imposed on
a Change of Zoning granted to JOHN E. SIRINE AND ASSOCIATES on September 10,
1973. Said RECONSIDERATION/ADVERTISEMENT will be scheduled for February 6,
1984 at 2:00 p.m.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
January 9, 1984
- 43 -
Item II-K.2
NEW BUSINESS ITEM # 21203
Prior to the Public Hearing on proposed budget increases (Ttems II-E.1
and TI-E.2 of the Agenda), Councilman McCoy advised interested parties
of the BELLAMY MANOR 11 SUBDIVISTON tbat City Council, by consensus,
had tentatively decided to transfer funds of $200,000 within the CIP
Projects, from the improvement of the Baxter Road intersection, to the
bridge in question. If negotiations with the developer are successful,
the remaining cost will be defrayed by the developer.
January 9, 1984
- 44 -
Item II-K.3
NEW BUSINESS
ADD-ON ITEM # 21204
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council agreed to EXPEDITE to February 27, 1984 at 7 o'clock the Change of
Zoning application of SEA BAY DEVELOPMENT CORPORATION.
Voting: 10-0
Council Yembers Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
January 9, 1984
- 45 -
Item II-K.4
NEW BUSINESS
ADD-ON ITEM # 21205
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council agreed to EXPEDITE to February 27, 1984 at 7 o'clock the Conditional
Use Permit application of ALBANO CLEANERS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
January 9, 1984
- 46 -
Item II-K. 5
NEW BUSINESS
ADD-ON ITEM # 21206
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings,
City Council AUTHORIZED the City Attorney to advise the State Legislature
that City Council endorses the concept that the VIRGINIA DEPARTMENT OF
AGING should remain a unique and distinct body and should not be combined
with the Department of Social Services, as reconimended by @he JLARC Study.
A letter (with its attachments) from Sam Houston (advocate for the elderly
and handicapped) was presented to Council Members regarding the above-
referenced subject and is hereby made a part of the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. R. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
January 9, 1984
- 47 -
Item 11-L
RECESS INTO EXECUTIVE SESSION ITEM # 21207
By consensus, Council RESCHEDNED (to January 16, 1984) the following:
COUNCIL APPOINTEE EVALUATION
January 9, 1984
- 48 -
Item II-M.1
ADJOURNMENT ITEM # 21208
By consensus, Council adjourned the meeting at Four Ten in the afternoon.
ith Vid6 Mayor BarSara M. He.ltfy
y Clerk
cmc
City Clerk
City of Virginia Beach
Virginia
/jk January 9, 1984