HomeMy WebLinkAboutAUGUST 8, 1983 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y@id. S.@.gb
VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gb
JOHN A. BAUM, B ... gb
NANCY A. CREECH, A, L.,g.
HAROLD HEISCHOBER, At L.,g,
H. JACK JENNINGS. JR., Ly..b.@.. B...gb
ROBERT G. JONES. At L.,g.
W. H. KITCHIN, lit. Vigi.i. fl,.@b
REBA S. M@CLANAN. P,i.@... A-. 8 ... gb 212 CITY HALL BUILDING
1, HENRY M@COY. JR.. K,.p@@ill, B.-.gh MUNICIPAL CENTER
MEYERA E. OBERNDORF, At L.,S, VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CMC, Cify Cl-lk (804) 427-4303
CITY COUNCIL AGENDA
August 8, 1983
Meeting: 9:00 a.m. - Planning Workshop The Honorable
Paul A. Sciortino, Comonwealth
Attorney, will present a discussion
of the Conflict of Interest Act to
be followed by recommendations to
include Landscape Ordinance, Definitions
with the CZO, CIP Process, Major Right-
of-Way Improvement Policy, and Building
in Flood Plain Area.
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION,OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEHS:
1. Virginia Beach Ambassador Program: Presentation by
Mr. A. James De Bellis, Director of Department of
Economic Development.
2. Marine Science Museum Project Bids: Discussion
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. IMVOCATION: Reverend Roy R. Jackson
United Methodist Conference. Retired
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of August 1, 1983.
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
in the ordinary course of business by City Council and will
be enacted by one motion in the form listed. There will be
no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda
and considered separately.
1. Resolution to Accept and Approve the Recommendations
of the Water and Sewer Bond Information Committee to
Proceed with Court Validation Process.
2. Resolution authorizing the City Manager to enter into
Joint Powers Agreement with the City of Chesapeake
regarding the Pendleton Child Service Center, to be
known as the "Pendleton Project".
3. Ordinance, on SECOND READING, to revise certain rev6nue
estimates and reduce appropriations in the 1983-1984
Fiscal Year Operating Budget. (Constitutional Officers)
4. Ordinance, on SECOND READING, to appropriate funds of
$2,000,000 to the School Capital Projects Fund.
5. Ordinance to Transfer Funds of $28,500 to provide for
Off Season Parking on Atlantic Avenue.
6. Ordinance to Transfer Capital Project Funds of $44,768
from Project 2-815 Stumpy Lake Drainage to Project 2-812
Oceana N.A.S. Entrance. (This item was deferred for one
week on August 1, 1983. It is requested that thia item
be deferred indefinitely until this matter can be
further reviewed.)
7. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way Linkhorn Drive to Mr.
Stephen C. Baugh, his heirs, assigns and successors
in title.
8. Ordinance to Authorize a Temporary Encroachment into
a portion of the right-of-way of Princess Anne Road
by Cashvan Arabian Farms.
9. Ordinance appointing viewers in the petition of
Oxford Development Enterprises, Inc., for the closure
of portions of Pennsylvania Avenue, Maryland Avenue,
Virginia Avenue, West Virginia Avenue, and First Street
(Kempsville Borough).
ITEM II E CONSENT AGENDA (Cont'd)
10. Ordinance closing, vacating and discontinuing a portion
of Poinciana Drive (Lynnhaven Borough) in the petition
of Merlin Van Statzer and Rita Statzer. (This matter
was deferred on June 20, 1983 until August 1, 1983, and
for an additional week on August 1, 1983.) (The
applicant has requested this item be deferred for an
additional three weeks.)
11. The following State-Local Hospitalization Contracts are
submitted for consideration by City Council:
1982-83 1983-.84
Bayside HOSPital $215.35 $252.72
Chesapeake General Hospital 238.77 298.96
Children's Hospital of Kings
Daughters 308.57 367.67
DePaul Hospital 266.36 333.23
Lake Taylor City Hospital 106.02 100.50
Leigh Memorial Hospital 308.57 367.67
Louise Obici Memorial 182.52 221.45
Maryview Hospital 274.63 291.25
Medical College of Virginia 270.76 316.19
Norfolk Community Hospital 228.39 251.63
Norfolk General Hospital 308.57 367.67
Portsmouth General Hospital 245.50 289.90
Riverside Hospital, Inc. 196.77 249.78
Virginia Beach General 250.88 326.77
Walter Reed Memorial Hospital, Inc.196.77 221.88
Virginia Beach Department of
Public Health (Clinic) 15.00 15.00/visit
All clinic and emergency room
rates 15.00 15.00/3risit
12. Low bid of Major T. Archbell, Inc., in the amount of
$667,860.64 for Lake Shores Sanitary Sewer, Phase III,
Contract I;AND, low bid of Crowder Contracting Company,
Inc. in the amount of $81,300, for Lake Shores Sanitary
Sewer, Phase III, Contract II (CIP 6-827); AND.authorize
the City Manager to enter into the necessary agreements
for the implementation of this project.
13. Low bid of Suburban Grading & Utilities, Inc., in the
amount of $225,953.18 for Lynnhaven Colony Sanitary
Sewerage Facilities, Phase III, Section 3, Contract I;
AND, low bid of Woodington Electric, Inc. in the amount
of $96,969.00 for Lynnhaven Colony Sanitary Sewerage
Facilities, Phase III, Section 3, Contract II; AND,
authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
14. Low bid of SR International, in the amount of
$4,678,000.00 for the Marine Science Museum Project
(CIP 3-928); AND,authorize the City Manager to enter
into the necessary agreements for the implementation
of this project.
15. Low bid of Todd Electric Company, in the amount of
$88,324.53 for the Power Management System (CIP 3-943);
AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
16. Low bid of Asphalt Roads & Materials, Inc., in the amount
of $993,445.97 for the Seatack Neighborhood Street
Improvement - Phase I Project; AND, authorize the City
Manager to enter into the necessary agreements for the
implementation of this project.
ITEM II E. CONSENT AGENDA (Cont'd)
17. Low bid of Acoustical Installers, Inc./Asbestos
Contairunent Corporation of $126,800.00 for the
Virginia Beach Convention Center Insulation
and Caulking Project; AND, authorize the City Manager
to enter into the necessary agreements for the
implementation of this project.
18. Raffle Permit:
Messiah Lutheran Church
F. PLANNING ITEMS
1. Application of Donald L. Moore. T/A Marsha Lynn
Building Corporation for a c@a e of zoning from
R-9 Residential-Townhouse District to R-8 Residential
District on two parcels, totalling 6.4 acres, located
on the east side of Indian Hill Road and the west side
of Lakeside Drive (Bayside Borough). (This item was
deferred for a report from the City Attorney on August 1.
1983).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Lynnhaven North Associates for a
change-of-zoning of three parce s, totalling 24.2538
acres, from I-1 Light Industrial District to B-2
Community-Business District, located west of Lynnhaven
Parkway, north and south of Avenger Drive, and on the
east of South Lynnhaven Road, north of Homespun Avenue
(Lynnhaven Borough);
AND,
Change of Zoning of three parcels, totalling 24.2536
acres from B-2 Community-Business District to I-1
Light Industrial District, located west of Lynnhaven
Parkway, north and south of Avenger Drive, and on the
east side of South Lynnhaven Road, north of Homespun
Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for withdrawal.
3. Application of Edith Lawrence White for a change of
zoning from R-5 Residential District to 0-1 Office
District on a 33,759-square foot parcel located a ong
the west side of North Lynnhaven Road, south of Virginia
Beach Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for withdrawal.
4. Application of Donna R. Goodson for a change of zoning
from R-5 Residential District to B-2 Community-Business
District on an 11,880 square foot parcel located along
the east side of South Great Neck Road, north of Potters
Road (Lynnhaven Borough).
a. Letter from the City manager tranbmits the
recommendation of the Planning Commission
for approval.
ITEM II F. PLANNING ITEMS (Cont'd)
5. Application of Hickory Corporation for a channe of
zoning from R-6 Residential District to A-2 Apartment
District on a 34,607-square foot parcel ocated at
the southeast corner of Barberton Drive and "A" street
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
6. Application of Hudgins & Associates, Inc. for a change
of zoning from A-1 Apartment District to B-1 Busineas-
Residential District on a 1.45-acre parcel located at
the southeast corner of Norfolk Avenue and Marshview
Drive (Lynnhaven Borough).
a. Letter frm the City Manager tranmits the
recommendations of the Planning Commission
for denial.
7. Application of Heritage Construction Company, Inc.
for a change of zoning from R-6 Residential District
to R- @Residential District on a 3.59-acre parcel
located along the west side of Riddle Avenue, south
of Air Station Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits tbe
recommendations of the Planning Commission
for approval.
8. Application of George Lee, TIA Econmy Tire Center,
for a co pe-it for an autmobile repair
estab i@sldintionana1/2 :sle, and servicing of tires on a
21,617-square foot parcel located along the north
side of Virginia Beach Boulevard, east of First
Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
9. Application of Gary C. and Valerie A. Madsen for a
conditional use permit for a duplex on a 6,250-Bquare
foot parcel located along the east side of Cypress
Avenue, south of 16th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
10. Application of Colonial Self-Storage for a conditional
use permit for mini-warehouses on a 2.459-acre parcel
located along the east side of Village Drive, south
of Laskin Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
11. Application of Mr. James Lea Pappas for a conditional use
armit for an automobile body and paint shop on a 20,000
square foot parcel located on the southeast corner of
St. Paul Street and Virginia Beach Boulevard (Lynnhaven
Borough). This site is located within the Atlantic Park
Community Development Target Area.
a. Letter from the City Manager tranmits the
recommendations of the Planning Commission
for approval.
ITEM II FORMAL SESSION (Cont'd)
G. UNFINISHED BUSINESS
H. NEW BUSINESS
I. ADJOURNMENT
1. Motion to Adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
CONFLICT OF INTEREST ACT
Commonwealth's Attorney
August 8, 1983
9:00 a.m.
Commonwealth's Attorney Paul A. Sciortino advised Council of changes in the
"Conflict of Interest Act" which were effective July 1, 1983. A new hand-
book is available. Mr. Sciortino and Deputy Conmonwealth's Attorney Robert
Humphreys briefed Council on the following points:
1. Reporting forms.
2. Revised methods.
3. Forms to be filed with City Clerk (not Clerk of Circuit
Court, as previously done).
4. Forms to be filed by January 15 annually.
5. Forms to be of public record for five (5) years.
6. Three definitions of "personal interest".
7. Three percent (3%) total equity exceeding $10,000.
8. Competitive bidding.
9. No opinions directly to Attorney General; opinions are
to be rendered by Commonwealth's Attorney; only those
opinions contested will go to the Attorney General.
10. Commonwealth's Attorney represents "bar of prosecution".
The following were present at the Briefing:
CITY COUNCIL STAFF
John A. Baum Thomas Muehlenbeck, City Manager
Nancy A. Creech David M. Grochmal, Assistant
Harold Heischober to the City Manager for
Vice Mayor Barbara M. Henley intergovernmental Affairs
H. Jack Jennings, Jr.
Mayor Louis R. Jones
Robert G. Jones
W. H. Kitchin, III
Reba S. McClanan
CITY COUNCIL MIMBERS NOT PRESENT
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
August 8, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
PLANNING CONCERNS
August 8, 1983
9:45 a.m-
Robert J. Scott, Director of Planning, briefed Council on the following:
Landscape Ordinance
The proposed Landscape Ordinance was discussed and will be reviewed by the
Planning Commission for recommendation to City Council.
Definitions - Comprehensive Zoning Ordinance
The proposed revisions to definitions of the CZO were discussed and will be
reviewed by the Planning Commission for recommendation to City Council.
Capital Improvement Program Process
The possible future role for the Planning Commission insofar as it being
included in "processing" was discussed. This year, the Planning Staff will
present the CIP to the Planning Commission for their recommendation to the
City Manager who, in turn, will make his recommendation to City Council.
Building in Flood Plain
Proposals were discussed, including boundary lines, developed/developable/
non-developable areas. The City's policy is to limit development in flood
plains but allow increased density on the balance of parcel(s). The Planning
Commission is to review this matter and make recommendations to City Council.
Major Right-of-Way Improyement olic
@X
This issue is to be discussed in the Executive Session.
The following were present at tbe Briefing:
CITY COUNCIL STAFF
John A. Baum Thomas Muehlenbeck, City Manager
Nancy A. Creech David M. Grochmal, Assistant
Harold Heischober to the City Manager for
Vice Mayor Barbara M. Henley intergovernmental Affairs
H. Jack Jennings, Jr. Robert J. Scott, Director, Planning
Mayor Louis R. Jones Jack Whitney, Chief of Comprehensive
Robert G. Jones Planning
W. H. Kitchin, III
Reba S. McClanan
CTTY COUNCIL MEMBERS NOT PRESENT
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
August 8, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 8, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, August 8, 1983, at Twelve-Forty 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,
W.H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Robert G. Jones* and Meyera E. Oberndorf**
*Councilman Jones arrived at 12:45 p.m.
**Councilwoman Oberndorf was in Alaska attending a National League of Cities
Steering Committee Meeting on Energy, Environment and Natural Resources
(August 2-8, 1983).
August 8, 1983
-2-
ITEM # 20393
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. 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 Councilwoman Creech, seconded by Councilman Baum, Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
August 8, 1983
-3-
M A T T E R S B Y T H E M A Y 0 R
COUNCIL MEETINGS ITEM # 20394
By consensus, it was agreed to have the regular Council meeting on Tuesday,
September 6, 1983, in lieu of September 5 which is LABOR DAY (Holiday observed
by tbe City of Virginia Beach). The meeting will be held at the regular time.
Also, by consensus, Council agreed not to hold the regularly scheduled meeting
September 19 inasmuch as September 18-20 is the 78th Annual Meeting of the
Virginia Municipal League (VML) in James City County, Virginia.
FARM BUREAU'S ANNUAL BAR-B-QUE ITEM # 20395
Mayor Jones reminded Council members of the Farm Bureau's Annual Bar-B-Que
to be held at 6:00 p.m. on Tuesday, August 9, 1983, at the Anchor Baptist
Retreat on Princess Anne Road.
August 8, 1983
-4-
M A T T E R S B Y C 0 U N C I L
LCAC TTEM # 20396
Councilman Jennings stated there will be a meeting of LCAC on Tuesday, August 9,
1983, at 9:00 a.m., Pavilion Board Room, hosted by the United States Navy for a
special briefing.
Councilman Jennings also stated the Navy will be hosting members of the Mayor's
Advisory Committee on the trip to Panama City, Florida to observe the LCAC.
Members of Council were invited to attend. Said meeting will be August 10,
1983. Departure from Norfolk will be at 8:00 a.m. at the Naval Air Station -
Norfolk. Councilman Jennings advised that anyone interested in the trip sbould
contact David Grochmal in the office of the City Manager.
August 8, 1983
-5-
M A T T E R S B Y C I T Y M A N A C E R
AMBASSADOR PROGRAM ITEM # 20397
A presentation was given by A. James DeBellis, Director of the Department of
Economic Development, on Virginia Beach's Ambassador Program. The Ambassador
Program is a voluntary program in which individuals and groups join in the
effort of the Virginia Beach Department of Economic Development, and its
three divisions, to foster continued steady, healthy growth for the City.
Mr. DeBellis presented to Council a brochure entitled "A Brief Case for
becoming a Virginia Beach Ambassador" and an "Ambassador Business Card"
which is "a special sales tool for ambassadors to use when they meet tourism,
convention or industrial development prospects". Said brochure and card are
hereby made a part of the record. Mr. DeBellis urged the continued support
of the program.
MARINE SCIENCE MUSEUM
PROJECT BIDS ITEM # 20398
The City Manager suggested the award of the contract on the Marine Science
Museum Project be awarded to the low bidder; and, if it is discovered at a
future date that State funds are unavailable, the projects that have the
lowest priority at that time be identified so the City is not encumbering
the projects now. If, in fact, this situation presents itself, the problem
should be addressed at that time.
Relative to the above, as Council had suggested the staff is in the process
of compiling next year's CIP (Capital Improvement Program) for Council's
consideration. The report should be available in October.
EROSION CONTROL PROGRAM ITEM # 20399
The City Manager stated Colonel Hudson of the United States Army Corps of
Engineers is desirous of making a presentation to Council on the new Erosion
Control Program prior to a public hearing on the subject. It was suggested
that Colonel Hudson be allowed to make his presentation at 11:00 a.m. on
Monday, August 15, 1983. By consensus, Council agreed to same.
This "briefing" brought about a discussion concerning workshops, presentations,
etc. Vice Mayor Henley suggested the possibility of setting aside the first
Monday of each month for any necessary briefings. The City Manager stated his
desire to meet with Department Heads on items coming forth at the City Manager's
meeting Wednesday, August 10 prior to further discussion of this matter.
August 8, 1983
-6-
CONSENT AGENDA REVIEW ITEM # 20400
Brief discussion was held on Items 5, 6, 8, 9 and 17 under the Consent Agenda
and Items 6 and 7 under Planning Items. See the Formal Agenda for actions by
Council.
RECESS INTO EXECUTIVE SESSION ITEM # 20401
City Council recessed into EXECUTIVE SESSION at One-Sixteen in the afternoon.
August 8, 1983
-7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 8, 1983
2:15 p.m.
Council Members Present:
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.
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
INVOCATION: Reverend Roy R. Jackson
United Methodist Conference, Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 8, 1983
-8-
VISITORS - CEREBRAL PALSY PROGRAM ITEM # 20402
Mayor Jones recognized Paula Cleveland, Director of the Virginia Beach
Adult Services - Cerebral Palsy Program. In attendance with her were
five adults who are participants in the program.
August 8, 1983
-9-
Item 11-D.1
MINUTES ITEM # 20403
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City Council
APPROVED the Minutes of August 1, 1983.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-10-
Item II-E
CONSENT AGENDA ITEM # 20404
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED IN ONE MOTION Items I through 18 of the CONSENT AGENDA,
with the exception of Item 5 (for discussion), Item 6 (to be deferred
indefinitely), Item 10 (to be deferred for three weeks) and Item 17
(information to be presented by the City Manager regarding irregularities
in the bid).
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
Item II-E.1
CONSENT AGENDA ITEM # 20405
Nick Meiuro spoke regarding the water issue.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED a Resolution to accept and approve the recommendations of
the Water and Sewer Bond Information Committee to proceed with court
validation process.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-12-
RESOLUTION TO ACCEPT AND APPROVE
THE RECOMMENDATIONS OF THE WATER
AND SEWER BOND INFORMATION COMMITTEE
TO PROCEED WITH COURT VALIDATION
PROCESS
WHEREAS, on November 4, 1980, a $46 million Water and
Sewer Bond Referendum was approved by a majority of the
qualified voters of the City of Virginia Beach, and
WHEREAS, projects totaling $11,956,784 were designated
for specific water supply projects, and
WHEREAS, after an amount of $1,812,353 was expended
on several of these supply projects and the Council
deemed them not feasible, and
WHEREAS, on August 1, 1983, the Bond Information
Committee rendered a report to the City Council recommending
that the city proceed with a court validation process to
obtain authorization to expend the remaining $10,144,431
on feasible water supply sources the Council deems appropriate:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, that the report of the committee be
accepted and approved and the City Attorney is hereby
authorized and directed to proceed with the court validation
process.
Adopted: August 8, 1993
August 8, 1983
-13-
Item II-E.2
CONSENT AGENDA ITEM # 20406
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED a Resolution authorizing the City Manager to enter into
Joint Powers Agreement with the City of Chesapeake regarding the Pendleton
Child Service Center to be known as the "Pendleton Project".
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. BaLun and Meyera E. Oberndorf
August 8, 1983
-14-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the City Hall
Building, on the 8th day of August 1983.
On motion by r,,,n,il,,n @. and seconded
y "cmpr-win
b tne 1. Resolution was
adopte
R E S 0 L U T I 0 N
WHEREAS, the City of Chesapeake and City of Virginia
Beach, by joint resolution, established a joint venture known as
the "Pendleton Project' for the treatment of juveniles with
behavioral problems who are residents of the cities of Chesapeake
and Virginia Beach, and
WHEREAS, the parties desire to incorporate the
provisions of the joint resolution into a written agreement
pursuant to 515.1-21 of the Code of Virginia, 1950, as amended.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager is hereby authorized to execute
the written agreement incorporating the provisions of the joint
resolution pursuant to S15.1-21 of the Code of Virginia, 1950, as
amended, which agreement pertains to the joint venture of the
parties, known as the "Pendleton Project."
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 8 198 3.
JAR/SM
8/3/8 3
(2)
August 8, 1983
-15-
Ttem II-E.3
CONSENT AGENDA ITEM # 20407
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to revise certain estimates
and reduce appropriations in the 1983-1984 Fiscal Year Operating Budget
(Constitutional Officers).
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-16-
t;
AN ORDINANCE TO REVISE CERTAIN REVENUE
EST114ATES AND REDUCE APPROPRIATIONS IN THE
1983-1984 FISCAL YEAR OPERATING BUDGET
WHEREAS, the State Reimbursement for the operation of the
Constitutional Officers approved by the Compensation Board for the 1983-1984
fiscal year was $324,762 leas than that anticipated in the City's Operating
Budget and,
WHEREAS, the Constitutional Officers, at the City Manager's request,
reevaluated their budgets and revenue sources and identified additional revenues
of $306,644 and appropriatioa reductions of $18,118,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that estimated revenues in the 1983-1984 fiscal year operating budget be
revised as follows:
Current Revised Variance
Revenue Revenue Over
Revenue Item Estimate Estimate (Under)
Reimbursement-Commissioner
of the Revenue 512,686 $ 447,607* (65,079)
Reimbursement-Treasurer 626.785 481.202* (145,583)
Reimbursement-Commonwealth's
Attorney 491,916 496.705* 4,789
Reimbursement-Sheriff 1,805,468 1,684,952* (120,516)
Reimbursement-Commonwealth's
Attorney-Welfare Fraud 36,924 38,551* 1,627
Reimbursement-Jail Expenses 493,600 537.987 44,387
Current Taxes-Personal
Property 21,734,631 21,894,388 159,757
Sheriff's Fees 15.000 37,500 22.500
Intereat on Delinquent
Taxes 260,000 300.000 40,000
Prior Year
Personal Property 30,000 70,000 40,000
Total Variance $(18,118)
*Determined by the Compensation Board.
And be it further ordained that appropriations be reduced as follows:
Current Revised
Budget Unit riation Appropriation Total
Comonwealth's Attorney $1,010,850 $ 996,732 $ 14,118
City Treasurer 1,566,045 1,562,045 4,000
Total Reduction $ 18,118
First Reading: August 1, 1983
Second Reading: August 8, 1983
Approved by the Council of the City of Virginia Beach on the 8th day
of August 1983.
L-1-ORD7
August 8, 1983
-17-
Item II-E.4
CONSENT AGENDA ITEM # 20408
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of
$2,000,000 to the School Capital Projects Fund.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Bawn and Meyera E. Oberndorf
August 8, 1983
AN ORDINANCE TO APPROPRIATE FUNDS
OF $2,000,000 TO THE SCHOOI, CAPITAL
PROJECTS FUND
WHEREAS, on july 12, 1982, CitY Council endorsed
the School Board application to the State Board of
Education for the purp,,, of borrowing $2 million from
the Literary Fund for construction of a new elementary
school in the West Kempsville area (Capital Project
1-916), and
WIIEREAS, the State B()ard f Education has approved
the loan at an annual interest rate of 3%, and
WHEREAS, the project is a part of the City,,
Capital Improvement Program and is presently underway.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACII tilat fund.'3 of $2,000,000 ar(@
hereby appropriated to the School Capital Projects Fund
for the construction of project 1-916 Centerville
Elementary School.
BE IT FURTHER ORDAINED tllat this approl)riation be
offset by Literar@, Fund Loan proceed-s ol $2,000,000.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on the 8th day of Augus, 1983.
FlRST READING: August 1, 1983
SECOND READING: August 8, 1983
August 8, 1983
-19-
Item II-E.5
CONSENT AGENDA ITEM # 20409
William Eagen, ownar of the Dunes Motor Inn, registered opposition.
Upon motion by Councilman Kitchin, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to transfer funds of $28,500 to provide for
off-season parking on Atlantic Avenue.
Voting: 8-1
Council Members Voting Aye:
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, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-20-
AN ORDINANCE TO TRANSFER FUNDS
OF $28,500 TO PROVIDE FOR OFF
SEASON PARKING ON ATLANTIC AVENUE
WHEREAS, in October, 1981, City Council accepted
the recommendations of its Committee on Resort Area
Parking which included the removal of all parking
from Atlantic Avenue with the exception of the loop
area, and
WHEREAS, the Virginia Beach Tourist Bureau, the
Chamber of Commerce, and the Virginia Beach Restaurant
Association have requested of Council that parking be
allowed on both sides of Atlantic Avenue during the
period of November 1 through March 31, in order to
stimulate business during the off season, and
WHEREAS, the estimated cost for oavement marking
and sign work to provide for Atlantic Avenue parking
during the off season and its removal in the spring
is $28,500, and
WHEREAS, City Council desires to promote parking
on both sides of Atlantic Avenue from November 1, 1983
through March 31, 1984, and
WHEREAS, funding can be provided by transfer from
the General Fund Reserve for Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $28,500 be
transferred from the General Fund Reserve for
Contingencies to the Department of Public Works to
provide for off season parking on Atlantic Avenue.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on 8th day of August 1983.
August 8, 1983
-21-
Item II-E.6
CONSENT AGENDA ITEM # 20410
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to DEFER INDEFINITELY an Ordinance to transfer Capital Project
Funds of $44,768 from Project 2-815 Stumpy Lake Drainage to Project 2-812
Oceana N.A.S. Entrance. (Tbis item was deferred for one week on August 1,
1983.)
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-22-
AN ORDINANCE TO TRANSFI:N
CAPITAL PROJECT FUNDS OF
$44,768 FRONI PROJECT 2-815
STUNIPY LAKE DRAINACE TO
PROJECT 2-812 OCEANA N.A.S.
ENTRANCE
WHEREAS, project 2-812 Oceana N.A.'S. Entrance
was one of the capital projects approved for close-out
by City Council on June 27. 1983, and
WHEREAS, the presence of a new bill for $44,768
from the Virginia Department of Highways and Transportation
to be charged to this project requires that the project
remain open, and
WHEREAS, due to tlie close-out transfers, project
2-812 Oceana N.A.S. Entrance is in need of additional
appropriations of $44.768 to offset the new expenditure, and
WHEREAS, the necessary funds may be transferred from
project 2-815 Stumpy Lake Drainage due to the inactive
status of the project.
NOW, THEREFORE. BE IT ORDATNED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, that funds of $44,768 be
transferred from project 2-815 Stumpy Lake Drainage to
project 2-812 Oceana N.A.S. Entrance to provide for the
necessary appropriations to match expenditures for the
Oceana pro.ject.
Adopted by the Council of the City of Virginia Beach
on the q th day of A,, 19
-23-
Item II-E.7
CONSENT AGENDA ITEM # 20411
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to ADOPT an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Linkhorn Drive to Mr. Stephen C. Baugh, his
heirs, assigns and successors in title (Virginia Beach Borough). Approval/
adoption of this ordinance was subject to the following six conditions, in
addition to the fact that the drainage problem will be addressed at the Site
Plan Review.
1. The owner agrees to remove the encroachment when notified by
the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to mai.ntain said encroachment so as not to
become unsightly or hazardous.
4. The owner agrees to submit a traffic control plan, obtain the
necessary highway permits, and post a bond.
5. The owner agrees to install said line by boring under existing
driveways (no open cuts).
6. An agreement shall be executed encompassing the above conditions
before this encroachment is authorized.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-24-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY LINKHORN DRIVE TO MR. STEPHEN C.
BAUGH, HIS HEIRS, ASSIGNS
AND SUCCESORS 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, Mr. Stephen C. Baugh, his heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the City right-of-way of Linkhorn Drive.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 31 PVC
force main to service a six unit condominium complex adjacent to
Linkhorn Drive on certain property as described in Deed 130ok 280
at pages 327, 328 and 329 and that said encroachment shall be
constructed and maintained in accordance with the City of
Virginia Beach Public WorkS Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion
of the City's right-of-way known as
Linkhorn Drive, on the certain plat
entitled: 'FORCE MAIN ENCROACHMENT INTO
LINKHORN DRIVE FOR STEPHEN C. BAUGH," a
copy of which is on file in the
Department of Public Work 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 Mr. Stephen C. Baugh, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Linkhorn Drive and that Mr. Stephn C. Baugh, his
August 8, 1983
-25-
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Stephn C. Baugh, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Mr. Stephen C. Baugh executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of August 19 83
MES/re
8/1/83
(29-B)
-2-
August 8, 1983
-26-
Item II-E.8
CONSENT AGENDA ITEM # 20411a
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to ADOPT an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Princess Anne Road by Cashvan Arabian
Farms (Princess Anne Borough). Approval/adoption was subject to the following:
1. The owner agrees to remove the encroachment when notified
by the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of this encroachment.
3. The owner agrees to maintain said encroachment so as not
to become unsightly or hazardous.
4. The owner agrees to obtain a highway permit and post a bond.
5. The owner agrees to jack or bore under Princess Anne Road and
driveways (no open cuts).
6. This encroaclunent shall not be in effect until an agreement
is executed encompassing the above conditions.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-27-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF PRINCESS ANNE ROAD BY
CASHVAN ARABIAN FARMS
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 Cashvan Arabian Farms, its heirs, assigns and
successors in title is authorized to construct and maintain a
temporary encroachment into a portion of the City right-of-way of
Princess Anne Road.
That the temporary encroachment herein authorized is
for the purpose of maintaining a 2"PVC force main and that said
force main shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Princess
Anne Road, as shown on that certain plat
entitled: "PRIVATE FORCE MAIN
ENCROACHMENT INTO PRINCESS ANNE ROAD FOR
CASHVAN FARMS," 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 Cashvan Arabian Farms and within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City right-of-way of Princess Anne Road
by the Cashvan Arabian Farms and that the Cashvan Arabian Farms,
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 Cashvan Arabian Farms, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
August 8, 1983
-28-
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 Cashvan Arabian Farms 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 8thday of August 19 83.
MES/sm
7/6/83
(29E)
August 8, 1983
- 29-
Item II-E.9
CONSENT AGENDA ITEM # 20412
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to APPROVE an Ordinance appointing viewers in the petition of
Oxford Development Enterprises, Inc. for the closure of portions of Pennsylvania
Avenue, Maryland Avenue, Virginia Avenue, West Virginia Avenue, and First Street
(Kempsville Borough).
Voting: 9-0
Council Members Voting Aye:
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, ]. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-30-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Oxford Development Enterprises, Inc. has given
due and proper notice, in accordance with the statutes for such
cases made and provided that they will on the 8th day of August,
1983, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of viewers to view the below-described
property and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described portions of
certain streets, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT D,,,id M C,@,h,al
Robert J. Scott and
C. Oral Lambert, Jr. are hereby
appointed to view the below-described property and report in writing
to the Council, as soon as possible, whether in the'
ir opinion, any,
and if any, what inconvenience would result in the discontinuing
and vacating of portions of those certain streets located in the
City of Virginia Beach, virginia, and more particularly described
as foliows:
With reference to that certain plat entitled
"Midway, Property of Noranne Realty Corp.
located on London Bridge Road at Rosemont",
dated March 17, 1925, made by C.R. McIntire,
Engineer, and recorded in the Office of the
Clerk of the Circuit Court of the City of
Virginia Beach, virginia, in map Book 7, at
page 130:
Pennsylvania Avenue from the southerly line of
Bonney Road to a point between the northerly
lines of Lot 13, in Block 7, and Lot 13, in
Block B.
Maryland Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
Virginia Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
August 8, 1983
-31-
West Virginia Avenue from the southerly line
of Bonney Road to the northerly line of First
Street and from a point opposite the northerly
line of Lot 13, in Block 11, to the northerly
line of Second Street.
First Street from the westerly line of West
Virginia Avenue, to a point approximately 154
feet west of the westerly line of Pennsylvania
Avenue, said point being at the line of property
generally known as Thalia Garden Apartments.
UY, CROMWELL, BETZ
& LUSTIG, P.C.
.I-.EY. T I..
2
August 8, 1983
-32-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING PORTIONS OF PENNSYLVANIA
AVENUE, MARYLAND AVENUE, VIRGINIA AVENUE,
WEST VIRGINIA AVENUE AND FIRST STREET
AS SHOWN ON PLAT ENTITLED "Midway,
Property of Noranne Realty Corp. Located
on London Bridge Road at Rosemont", A COPY
OF WHICH PLAT IS ATTACHED HERETO
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Oxford Development Enterprises, Inc.,
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, and as permitted by the
Code of the City of Virginia Beach, virginia, Petitioner applies
for the vacation, closure and discontinuance of portions of certain
streets within the City of Virginia Beach, Virginia, described as
follows:
With reference to that certain plat entitled
"Midway, Property of Noranne Realty Corp.
located on London Bridge Road at Rosemont",
dated Marcb 17, 1925, made by C.R. McIntire,
Engineer, and recorded in the Office of the
Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 7, at
page 130:
Pennsylvania Avenue from the southerly line of
Bonney Road to a point between the northerly
lines of Lot 13, in Block 7, and Lot 13, in
Block 8.
Maryland Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
Virginia Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
West Virginia Avenue from the southerly line
of Bonney Road to the northerly line of First
Street and from a point opposite the northerly
line of Lot 13, in Block 11, to the northerly
line of Second Street.
First Street from the westerly line of West
virginia Avenue, to a point approximately 154
feet west of the westerly line of Pennsylvania
UY, CROMWELL, BETZ Avenue, said point being at the line of property
& LUSTIG, P.C. generally known as Thalia Garden Apartments.
August 8, 1983
-33-
2 That no inconvenience will result to any persons by
reason of said closing, vacation and discontinuance of said portions
of streets; and the Petitioner prays that this Honorable Council
appoint Viewers as provided by law to view said portions of platted
streets proposed to be closed and to report in writing to the Council
as to whether in the opinion of said Viewers what inconvenience,
if any, would result from the vacation, closure and discontinuance
of said portions of streets as herein described.
3. That on the 17th day of July, 1983, and on the 24th
day of July, 1983, notice of the presenting of this Petition will
be published in The Beacon, a newspaper of general circulation in
the City of Virginia Beach, virginia.
4. That your Petitioner holds valid contracts and
options to purchase the fee simple title to all of the land along
and adjacent to said portions of streets. Your Petitioner, whose
address is 4351 Garden City Drive, Suite 300, Landover, Maryland
20785, requests that said portions of streets be closed conditioned
upon your Petitioner acquiring said fee simple title.
Respectfully submitted,
OXFORD D@OPMENT ES, INC.
,ENTERPRIS
Richard D. Guy, Esquire
Robert B. Cromwell, Jr., Esquire
GUY, CROMWELL, BETZ & LUSTIG, P.C.
Pembroke Office Park
Pembroke One, Suite 525
Virginia Beach, VA 23462-2989
(804) 499-8971
UY, CROMWELL, BETZ
& LUSTIG, P.C.
T L..
2 August 8, 1983
-34-
It. II-E-.IO
CONSENT AGENDA ITEM # 20413
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to DEFER FOR THREE WEEKS (to September 6, 1983) an Ordinance
closing, vacating and discontinuing a portion of Poinciana Drive (Lynnh-en
Borough) in the petition of Merlin Van Statzer and Rita Statzer. (This
matter was deferred on June 20, 1983 until August 1, 1983.)
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-35-
Ttem II-E.11
CONSENT AGENDA ITEM # 20414
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to APPROVE the following State-Local Hospitalization Contracts:
1982-83 1983-84
Bayside Hospital $215.35 $252.72
Chesapeake General Hospital $238.77 $298.96
Children's Hospital of Kings Daughters $308.57 $367.67
DePaul Hospital $266.36 $333.23
Lake Taylor City Hospital $106.02 $100.50
Leigh Memorial Hospital $308.57 $367.67
Louis Obici Memorial $182.52 $221.45
Maryview Hospital $274.63 $291.25
Medical College of Virginia $270.76 $316.19
Norfolk Community Hospital $228.39 $251.63
Norfolk General Hospital $308.57 $367.67
Portsmouth General Hospital $245.50 $289.90
Riverside Hospital, Inc. $196.77 $249.78
Virginia Beach General $250.88 $326.77
Walter Reed Memorial Hospital, Inc. $196.77 $221.88
Virginia Beach Department of Public Health $ 15.00 $ 15.00/visit
All clinic and emergency room rates $ 15.00 $ 15.00/visit
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-36-
Item II-E.12
CONSENT AGENDA ITEM # 20415
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to APPROVE the low bid of Major T. Archbell, Inc., in the amount
of $667,860-64, for Lake Shores Sanitary Sewer, Phase III, Contract 1; AND,
low bid of Crowder Contracting Company, Inc. in the amount of $81,300 for
Lake Shores Sanitary Sewer, Phase III, Contract IT (CIP 6-827); AND, authorized
the City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-37-
Item II-E.13
CONSENT AGENDA ITEM # 20416
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the low bid of Suburban Grading & Utilities, Inc. in the
amount of $225,953.18 for Lynnhaven Colony Sanitary Sewerage Facilities,
Phase III, Section 3, Contract 1; AND, low bid of Woodington Electric, Inc.
in the amount of $96,969.00 for Lynnbaven Colony Sanitary Sewerage Facilities,
Phase III, Section 3, Contract IT; AND, authorized the City Manager to enter
into the necessary agreements for the implementation of this project.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-38-
Item 11-E.14
CONSENT AGENDA ITEM # 20417
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the low bid of SR International in the amount of $4,678,000
for the Marine Science Museum Project (CIP 3-928); AND, authorized the City
Manager to enter into the necessary agreements for the implementation of
this project.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-39-
Item II-E.15
CONSENT AGENDA ITEM # 20418
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the low bid of Todd Electric Company in the amount of
$88,324.53 for the Power Management System (CIP 3-943); AND, authorized
the City Manager to enter into the necessary agreements for the implemen-
tation of this project.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-40-
Item II-E.16
CONSENT AGENDA ITEM # 20419
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED the low bid of Asphalt Roads & Materials, Inc. in the
amount of $993,445.97 for the Seatack Neighborhood Street Improvement -
Phase I Project; AND, authorized the City Manager to enter into the neces-
sary agreements for the implementation of this project.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
Item II-E.17
CONSENT AGENDA ITFM # 20420
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council voted to REJECT the bid of Acoustical Installers, Inc./Asbestos
Containment Corporation for the Virginia Beach Convention Center Insulation
and Caulking Project, due to discrepancies in the bid; and, to AWARD the
contract for the Project to Waco, Inc. in the amount of $145,000; AND, authorized
the City Manager to enter into the necessary agreements for the implementa-
tion of this project with Waco, Inc.
Voting. 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heiscbober, Vice Mayor Barbara M. lienley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-4 2-
Item II-E.18
CONSENT AGENDA ITEM # 20421
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED a Raffle Permit for Messiah Lutheran Church.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Bawn and Meyera E. Oberndorf
August 8, 1983
-43-
Item II-F.1
PLANNING ITEM ITEM # 20422
Attorney Grover Wright represented the applicant.
James Healy, representing Water Oaks Condominium Association, spoke in opposition
to the application.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council voted to ADOPT an Ordinance upon application of DONALD L. MOORE,
T/A MARSHA LYNN BUILDING CORP., for a Change of Zoning from R-9 to R-8 as
follows. The motion included the stipulation that the City Clerk be provided
with a copy of the REVISED Agreement by the City Attorney.
ORDlNANCE UPON APPLICATION OF DONALD L. MOORE, T/A
MARSHA LYNN BUILDING CORP., FOR A CHANGE OF ZONING
FROM R-9 to R-8 Z0883735
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Donald L. Moore, T/A
Marsha Lynn Building Corp., for a Change of Zoning
District Classification from R-9 Residential-Townhouse
District to R-8 Residential District on parcels located
on the east side of Indian Hill Road and the west side
of Lakeside Drive.
Parcel 1: Located on the east side of Indian Hill Road
beginning at a point 450 feet more or less north of
Bayville Road, running a distance of 1257 feet along the
western property line, running a distance of 145 feet
along the northern property line, running a distance
of 1112.50 feet along the eastern property line,
running a distance of 90 feet along the southern property
line, running a distance of 50 feet in a northerly
direction and running a distance of 82 feet in a
westerly direction.
Parcel 2: Located on the west side of Lakeside Drive
beginning at a point 730 feet more or less northwest
of Shore Drive, running a distance of 721.35 feet
along the west side of Lakeside Drive, running a
distance of 116.96 feet along the northern property
line, running a distance of 655.34 feet along the
western property line and running a distance of 225
feet along the southern property line.
Said parcels contain 6.4 acres. BAYSIDE BOROUGH.
The following may be required by the staff:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen Hundred, Eighty-Three.
August 8, 1983
-44-
Item II-F.1
PLANNING ITEM ITEM # 20422 (continued)
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Eeischober, 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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-45-
Item II-F.2
PLANNING ITEM ITEM # 20423
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to allow WITHDRAWAL of the applications of LYNNHAVEN NORTH
ASSOCIATES for a Change of Zoning from I-1 to B-2; AND, Change of Zoning
from B-2 to I-1 per the following:
ORDINANCE UPON APPLICATION OF LYNNHAVEN NORTH ASSOCIATES
FOR A CHANGE OF ZONING FROM I-I TO B-2
ordinance upon application of Lynnhaven North Associates
for a Change of Zoning District Classification from I-1
Light Industrial District to B-2 Community DistriCt on
parcels on the west side of Lynnhaven Parkway, north of
Avenger Drive.
Parcel 1: Located 589.97 feet west of Lynnhaven Parkway
beginning at a point 1300 feet more or less north of
Avenger Drive, running a distance of 1412.09 feet along
the northern property line, running a distance of 634.43
feet along the western property line, running a distance
of 134.68 feet in a southeasterly direction, running a
distance of 190 feet in a northeasterly direction, run-
ning a distance of 217.51 feet in a southeasterly direction,
running around a curve in a northeasterly direction a
distance of 655.90 feet and running a distance of 300 feet
in a northerly direction.
Parcel 2: Located 1732.50 feet west of Lynnhaven Parkway
beginning at a point 250 feet more or less north of
Avenger Drive, running a distance of 365 feet along the
southern property line, running a distance of 357.81 feet
along the western property line, running a distance of
209.23 feet in an easterly direction, running a distance
of 215 feet in a southerly direction, running a distance
of 165.71 feet in an easterly direction and running a
distance of 84.35 feet in a southerly direction.
Parcel 3: Located 399.99 feet west of Lynnhaven Parkway
beginning at a point 250 feet more or less north of
Avenger Drive, running a distance of 1111.16 feet along
the southern property line, running a distance of 547.70
feet along the western property line, running a distance
of 386.94 feet along the northern property line, running
a distance of 504.13 feet in a southeasterly direction and
running a distance of 172.16 feet along the eastern pro-
perty line.
Said parcels contain 24.2538 acres. LYNNHAVEN BOROUGH.
AND,
August 8, 1983
-46-
Item II-F.2
PLANNING ITEM ITEM # 20423 (continued)
ORDINANCE UPON APPLICATION OF LYNNHAVEN NORTH ASSOCIATES
FOR A CHANGE OF ZONING FROM B-2 TO 1-1
Ordinance upon application of Lynnhaven North Associates
for a Change of Zbning District Classification from B-2
Community-Business District to T-1 Light Tndustrial Dis-
trict on parcels located west of Lynnhaven Parkway, north
and south of Avenger Drive, and on the east side of South
Lynnhaven Road, north of Homespun Avenue.
Parcel 1: Located on the west side of Lynnhaven Parkway
beginning at a point 243.99 feet north of Avenger Drive,
running a distance of 399.99 feet along the northern
property line, running a distance of 239.71 feet along
the western property line, running a distance of 77.36 feet
in an easterly direction, running a distance of 210 feet
in a northerly direction, running a distance of 175 feet
in an easterly direction, running a distance of 188 feet
in a southerly direction, running a distance of 155 feet
in an easterly direction and running a distance of 243.99
feet more or less along the west side of Lynnhaven Parkway.
Parcel 2: Located on the west side of Lynnhaven Parkway
beginning at a point 498.10 feet south of Avenger Drive,
running a distance of 705.76 feet along the southern
property line, running a distance of 73.97 feet in a
northwesterly direction, running around a curve in a
northeasterly direction a distance of 1100 feet more or
less and running a distance of 498.10 feet along the west
side of Lynnhaven Parkway.
Parcel 3: Located on the east side of South Lynnhaven
Road beginning at a point 100 feet more or less north of
Homespun Avenue, running a distance of 914.35 feet along
the east side of South Lynnhaven Road, running a distance
of 544.30 feet in an easterly direction, running a dis-
tance of 408.89 feet in a southerly direction, running a
distance of 165 feet in an easterly direction, running a
distance of 170 feet in a northerly direction, running
a distance of 200 feet in an easterly direction, running
a distance of 238.89 feet in a northerly direction, running
a distance of 221.35 feet in an easterly direction, running
a distance of 172.30 feet in a southwesterly direction,
running a distance of 65 feet in a westerly direction,
running a distance of 396.65 feet in a southerly direction,
running a distance of 120 feet in an easterly direction,
running a distance of 166.11 feet in a southeasterly
direction, running a distance of 100 feet in a southerly
direction and running a distance of 979.46 feet along the
southern property line.
Said parcels contain 24.2536 acres. LYNNHAVEN AND PRINCESS
ANNE BOROUGHS.
August 8, 1983
-47-
Item II-F.2
PLANNING ITEM ITEM # 20423 (continued)
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
E. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-48-
Item II-F.3
PLANNING ITEM ITEM # 20424
Edith White represented herself.
Joan Chebetar, representing the Pinewood Garden Civic League, spoke in opposition
to the application and presented a petition (hereby made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, CitY
Council voted to DENY the application of EDITH LAWRENCE WHITE for a Change
of Zoning from R-5 to 0-1 per the following:
ORDINANCE UPON APPLICATION OF EDITH LAWRENCE WHITE FOR
A CHANGE OF ZONING FROM R-5 TO 0-1
Ordinance upon application of Edith Lawrence White for a
Change of Zoning District Classificaion from R-5 Residential
District to 0-1 Office District on certain property located
on the west side of North Lynnhaven Road beginning at a
point 222 feet south of Virginia Beach Boulevard, running
a distance of 225 feet along the west side of North Lynn-
haven Road, running a distance of 150 feet along the
southern property line, running a distance of 225 feet
along the western property line and running a distance
of 150 feet along the northern property line. Said parcel
contains 33,759 square feet. LYNNHAVEN BOROUGH.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Councl.1 Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-49-
Item II-F.4
PLANNING ITEM ITEM # 20425
Donna Goodson represented herself.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to ADOPT an ordinance upon application of DONNA R. GOODSON
for a Change of Zoning from R-5 to B-2 per the following:
ORDINANCE UPON APPLICATION OF DONNA R. GOODSON FOR A
CHANGE OF ZONING FROM R-5 TO B-2 Z0883736
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA:
Ordinance upon application of Donna R. Goodson for a
Change of Zoning District Classification from R-5
Residential District to B-2 Community-Business District
on certain property located on the east side of South
Great Neck Road beginning at a point 118.78 feet north of
Potters Road, running a distance of 72 feet along the
east side of South Great Neck Road, running a distance
of 165 feet along the northern property line, running a
distance of 64.6 feet along the eastern property line and
running a distance of 165.17 feet along the southern pro-
perty line. Said parcel is located at 138 South Great
Neck Road and contains 11,880 square feet. LYNNHAVEN
BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen Hundred, Eigh Three.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-50-
Item II-F.5
PLANNING ITEM ITEM # 20426
Attorney Robert Steinhilber represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to ADOPT the ordinance upon application of HICKORY CORPORA-
TION for a Change of Zoning from R-6 to A-2 per the following:
ORDINANCE UPON APPLICATION OF HICKORY CORP. FOR A CHANGE
OF ZONTNG FROM R-6 TO A-2 Z0883737
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corp. for a
hange of Zcning District Classification from R-6
Residential District to A-2 Apartment District on certain
property located at the southeast corner of "A" Street and
Barberton Drive on Lots 1 through 9, Block 12, Woodland.
Said parcel contains 34,607 square feet. LYNNHAVEN BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required:
1. Standard improvements as required by the Site Plan Ordinance,
including the installation of standard right-of-way improvements
along Barberton Drive and "A" Street. Improvements to
Barberton Drive shall include pavement widening, curb and
gutter, sidewalk and drainage facilities. Improvements to "A!'
Street shall include a 24-foot pavement section, curb and gutter,
sidewalk and drainage facilities.
2. City water and sewer.
3. No dredging, filling, bulkheading or other waterfront-related
activities will be allowed without the proper permits from the
appropriate federal, state and local agencies.
Prior to the changing of the official zoning maps, the following conditions will
be met:
1. Resilbdivision of the property and vacation of internal lot lines
to avoid the creation of nonconforming lots and to ensure that all
lots have access to a public street.
This Ordinance shall be effective from date of adopti.on.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen-Hundred,-Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
- 51-
Item II-F.6
PLANNING ITEM ITEM # 20427
James Thurman represented Salt Marsh Civic League.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to DENY the application of HUDGINS & ASSOCIATES, INC. for
a Change of Zoning from A-1 to B-1 per the following:
ORDINANCE TJPON APPLICATION OF HUDGINS & ASSOCIATES, INC.
FOR A CHANGE OF ZONING FROM A-1 TO B-1
Ordinance upon application of Hudgins & Associates, Inc.
for a Change of Zoning District Classification from A-1
Apartment District to B-1 Business-Residential District
on certain property located at the southeast corner of
Norfolk Avenue and Marshview Drive, running a distance of
175 feet along the south side of Norfolk Avenue, running
a distance of 260.72 feet along the eastern property line,
running a distance of 152.06 feet in a southwesterly
direction, running a distance of 129.04 feet in a north-
westerly direction, running a distance of 262.51 feet
along the western property line and running around a
curve a distance of 31.42 feet. Said parcel contains
1.45 acres. LYNNHAVEN BOROUGH.
Voting: 9-0
Council Members Voting Aye:
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-
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-52-
Item II-F.7
PLANNING ITEM ITEM # 204-18
Attorney Harry Hicks represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to DEFER *for one week to August 15, 1983 (to be the last
Planning Item on the agenda) the application of HERITAGE CONSTRUCTION
COIIPANY, INC. for a Change of Zoning from R-6 to R-8 per the following:
ORDINANCE UPON APPLICATION OF HERITAGE CONSTRUCTION COMPANY,
INC. FOR A CHANGE OF ZONING FROM R-6 TO R-8
Ordinance upon application of Heritage Construction Company,
Inc. for a Change of Zoning District Classification from
R-6 Residential District to R-8 Residential District on
certain property located on the west side of Riddle Avenue
beginning at a point 115 feet more or less south of Air-
station Drive, running a distance of 260 feet along the
west side of Riddle Avenue, running a distance of 235
feet along the south side of Garden Drive, running a dis-
tance of 125 feet in a southerly direction, running a
distance of 217 feet in an easterly direction, running
a distance of 145 feet in a southerly direction, running
a distance of 436 feet along the southern property line,
running a distance of 600 feet along the western property
line and running a distance of 100 feet along the northern
property line. Said parcel contains 3.59 acres. LYNNHAVEN
BOROUGH.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
*City Policy requires restrictive covenants be distributed with the Agenda to
members of City Council. The Agreement herein referenced was delivered to the
City Attorney only just prior to this Formal Session of City Council.
-53-
Item II-F.8
PLANNING ITIM ITEM # 20429
George Lee represented himself.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to ADOPT an ordinance upon application of GEORGE LEE, T/A
ECONOMY TIRE CENTER, for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF GEORGE LEE, T/A ECONOMY
TIRE CENTER FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISIVENT AND SALES AND SERVICING OF TIRES R0883563
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of George Lee, T/A Economy
Tire Center for a Conditional Use Permit for an auto-
mobile repair establishment and sales and servicing
of tires on the north side of Virginia Beach Boulevard,
140 feet more or less east of First Colonial Road on
Lots 3, 4 and 5, Block 5, Oceana Gardens. Parcel is
located at 1658 Virginia Beacb Boulevard and contains
21,617 square feet. LYNNHAVEN BOROUGH.
Tbe following may be required by the staff:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen Hundre , Fi hty- hr@ee.
Voting., 9-0
Council Members Voti.ng Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitcbin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-54-
Item II-F.9
PLANNING ITEM ITEM # 20430
Gary Madsen represented himself.
Upon motion by Councilman Kitchin, seconded by Councilman Heischober, City
Council voted to ADOPT an ordinance upon application of GARY C. AND VALERIE
A. MADSEN for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF GARY C. AND VALERIE A.
MADSEN FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R0883564
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gary C. and Valerie A.
Madsen for a Conditional Use Permit for a duplex on
certain property located on the east side of Cypress
Avenue, 100 feet south of 16th Street on Lots 19 and
20, Block 17, Lakewood. Said parcel contains 6,250
square feet. VIRGINIA BEACH BOROUGH.
During further review of the development plans for this project, the following
may be required:
1. City water and sewer.
This Ordi.nance shall be effective from date of adopti.on.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen Hundred, Eighty-Three.
Voting. 9-0
Council Members Voting Aye:
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.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-56-
Item IT-F.11
PLANNING ITEM ITEM # 20432
Attorney Grover Wright represented the applicant.
The following spoke regarding the application:
Reverend Barnett Thoroughgood
John Becker
Rose Lee Norman
Robert Albritton, Jr.
Susie Whitehurst
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
voted to ADOPT, subject to a seventh condition, an ordinance upon application
of JAMES LEE PAPPAS for a Conditional Use Permit for an automobile body and
paint shop per the following:
ORDTNANCE UPON APPLICATTON OF JAMES LEE PAPPAS FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE BODY AND PAINT
SHOP R0883566
BE TT ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of James Lee Pappas for a
Conditional Use Permit for an automobile body and paint
shop on certain property located on the southeast corner
of Virginia Beach Boulevard and St. Paul Street on
Lots 1, 2 and 5, Oceana Gardens. Parcel located at
132.5 Virginia Beach Boulevard and contains 20,000 square
feet. LYNNHPVEN BOROUGH.
The following may be required by the staff@
1. City waller aii(I sewer.
2. All repair work is to b(@ perform@@d ii-@doors.
3. El.i.mina4lion of the proposed @ntran,e/@xit onto D,,kes La@e
since Dukes T,ane co,sists of a Dri@ate eirht-foot ingress/
egress easement.
As conditions of the use permit, the following are required:
1. A 20-foot dedication along the frontage on Virginia Beach
Boulevard, 45 feet from the centerline of the old 50-foot
right-of-way to provide for an ultimate 90-foot right-of-
way as per the Master Street and Highway Plan and a 10-
foot dedication along the frontage on St. Paul Street,
25 feet from the centerline of the old 30-foot right-of-
way to provide for an ultimate 50-foot standard right-
of-way.
2. A privacy fence along the southern and eastern property lines.
3. A bus shelter is to be provided.
4. No outside storage of cars will be permitted.
5. No ingress/egress will be permitted off St. Paul Street.
6. Hours of operation will be from 8:00 a.m. to 6:00 p.m.
7. A Fire Department-al)proved sprinkler system shall be installed
throughout the entire building.
August 8, 1983
-57-
I tern ~
PLANNING ITeM
STEM ~ 20432 (continued)
This ordinance shall be effective from date of adoption.
Adopted by the council of the City of Virginia Beach, Virginia, on the ~
day of ~' '~ Hundred, E~ghty .Three.
Voting: 8-1
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, 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-
Council MemberS Voting Nay:
Vice Mayor Barbara M.Henley
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-57-
Item II-F.11
PLANNING ITEM
ITEM # 20432 (continued)
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
day of August, Nineteen Hundred, Eighty-Three.
Voting: 8-1
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, 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.
Council Members Voting Nay:
Vice Mayor Barbara M.Henley
Council Members Absent:
John A. Baum and Meyera E. Oberndorf
August 8, 1983
-58-
item II-G.1
UNFINISHED BUSINESS ITEM # 20433
Councilman Jennings stated the United States Navy's desire to brief Council
on the LCAG Vehicles at the Informal Session on August 22, 1983. By con-
sensus, it was agreed that Council would meet at 5:00 p.m-
Item II-G.2
UNFINISHED BUSINESS ITEM # 20434
Councilman Robert Jones stated he will be attending a VML Legislative Committee
meeting in Richmond on August 10, 1983, at which time consideration will be
given to four items he had suggested be included in their Legislative Package.
August 8, 1983
-60-
Item II-T.1
ADJOURNMENT ITEM 20436
By consensus, Council adjourned at Four Twent:y-Five in the afternoon.
'Deputy City Clerk
RL cmc Mayo@ Louis Jones
City Clerk Iv
City of Virginia Beach
Virginia
/jk
August 8, 1983