HomeMy WebLinkAboutJUNE 6, 1983 MINUTES
Cit@ C:)f -vit-wi@i@ 13@4a@ti
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y@id. B.,..Rh
VICE-MA YOR BARBARA M. HENLEY, P..,. B.,..gb
IOIIN A. BAI)M, B.-.gb
NANCY A. CREECti, At L.,g,
IIAROLD IIEISCIIOBER, At L.,g,
H. JACKC JENNINGS. JR., Ly..h.@@. B...,b
ROBERT G. ]ONES. A, L.,S,
W. Ii. KITCIIIN. Ill, Vigi.i. R@.@b
REBA S. 41,CLANAN. A... B.-gb 212 CITY HALL BUILDIVG
J. IIENRY 61,COY. JR.. K@.p@@ill@ 8 --- gb MUNICIPAL CENTER
MEYERA E. OBERNDORF, At L.,g, VIRGINIA BEACH, VIRGINIA 23456
RUTH IIODGES @MITII. CMC. Cily Cl@lk (804) 427-4303
CITY COUNCIL AGENDA
June 6, 1983
EXECUTlVE SESSION: 11:00 a.m.
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 INFO&MAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
F. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Request by Mrs. Shirley J. Smith for Expedition of Conditional
Use Permit Application
2. Review of Consent Agenda
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend B. G. Campbell
Westwood Hill Baptist Church
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 May 23, 1983.
E. PUBLIC HEARING
1. $740,000 - U. S. Department of Housing and Urban Development
(HUD) - Jobs Bill Funds
F. RESOLUTION
1. Resolution designating the intersection of Kempsville Road
and Providence Road as "Kempsville Corners".
G. 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. Ordinance, on FIRST READING, to amend and reordain
Section 35-50 of the Code of the City of Virginia
Beach pertaining to roll-back tax when use changes
to nonqualifying use.
2. Ordinance to amend and reordain Sections 21-72 and
21-370 of the Code of the City of Virginia Beach,
Virginia, pertaining to local vehicle license.
(This matter was deferred for two weeks on May 16,
1983.)
3. Ordinance to amend and reordain Section 5-31 of the
Code of the City of Virginia Beach pertaining to
bird sanctuaries, Wolfsnare area (Lynnhaven Borough).
4. Ordinance to transfer capital project funds of
$259,200 for renovation of the Virginia Beach Dome.
5. Ordinance to transfer capital project funds of
$101,216 to provide for well structures and land-
scaping for the emergency production wells and to
match appropriations and expenditures for these
projects.
6. Ordinance, on SECOND READING, to increase appro-
priations to the Alcohol Safety Action Program
(DUI), by $50,203.00.
7. Ordinance, on FIRST READING, to accept a grant of
$33,500 from the Department of Transportation
Safety and transfer FY 83 appropriations for the
purchase of two motorcycles.
ITEM II G. CONSENT AGENDA (Cont'd)
8. Ordinance, on FIRST READING, to increase appropria-
tions for the Department of Parks and Recreation
and increase estimated revenues concerning recreation
class fees for Fiscal Year 1983 and 1984 in the
amounts of $3,000 and $22,500.
9. Ordinance, on FIRST READING, to authorize the
Finance Director to issue petty cash fund balances
to departments and agencies of the City.
10. Ordinance requiring examination of criminal records
of applicants for employment with the City of
Virginia Beach.
11. Ordinance authorizing the City Manager and City Clerk
to execute a utility service agreement among the City
of Virginia Beach, the City of Chesapeake, and Woods
Corner Associates for provisions of water and sewer
services to Charlestowne Lakes South, located in the
Cities of Virginia Beach and Chesapeake.
12. Bingo/Raffle Permits:
Civitan Club of Virginia Beach Bingo
Marching Cavaliers' Parent Association Raffle
Sandbridge Fire Brigade, Inc. Bingo
13. Request of the City Treasurer for tax refunds in the
amount of $951.72.
14. Request of the Commissioner of the Revenue for license
refunds in the amount of $2,854.18.
H. PLANMING ITEMS
1. Application of Stuart Held for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires that lot dimen-
sions conform to the Comprehensive Zoning Ordinance. The
applicant wishes to subdivide a 660-square foot (13.2'X50')
parcel off of a larger 7,000-square foot parcel (Lot C) in
order to convey it to an adjoining lot (Lot B), since a
building, which currently exists on the site, extends over
the lot lines. The site is located on the northwest corner
of Atlantic Avenue and 18th Street (Virginia Beach Borough).
(This matter was deferred for two weeks on May 16, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval and the City Attorney for
deferral.
2. Application of Harbour Enterprises, Inc. for a conditional
use permit for a temporary parking lot on a 15,000-square
foot parcel located along the east side of Atlantic Avenue,
north of 20th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II H. PLANNING ITEMS (Cont'd)
3. Application of Blajac Associates Inc., T/A the Aquarius
Motel Apartments for a conditional use permit for bicyle
rentals on a 22,500-square foot parcel located along the
east side of Atlantic Avenue, south of 20th Street
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Daniel C. Lake for a conditional use permit
for a duplex o a 6,0@square foot parcel locat d@along
the north side of 10th Street, west of Cypress Avenue
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Coulmission
for approval.
5. Application of Della Lee Barton for a variance to Section
4.4(b) of the ub@divi l@o Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide a 14,520.9-square foot
parcel into two lots, one of which will be a "flag lot"
configuration. The site is located along the south side
of Old Virginia Beach Boulevard, east of Realty Avenue
(Lynnhaven Borough).
(This matter was deferred on April 25, 1983 and on May 16,
1983, for three weeks.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial and the Planning Department
staff for approval.
6. Applications of Mary 1. Ramus for a change of zoning from
B-2 Community-Business is@trict to EF-4 Resor-t Commercial
District;
AND,
a conditional use permit to operate a home for adults on a
13,288-square To-ot parcel located along the-so th side of
Bayside Road, east of Ellis Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
(City Council recently adopted a policy
not to consider planning items in target
areas until a report has been received
from the Task Force studying these areas.)
7. Application of William R. Collier and Danny L. Collier for
a change of zoning from B-1 Business-Residential District
to A-1 Apartment District on a 2.7-acre parcel located
along the south side of Hermitage Road, east of Pleasure
House Road (Bayside Borough).
a. Letter from the City Manager transmits the
recomendation of the Planning Commission
for denial.
I
ITEM 11 H. PLANNING ITEMS (Cont'd)
8. Applications of C. Gordon Oliver for a change of zoning
from R-6 Reside@tial Distr7ict to A-2 Apartment District
on a@8. IT-a-cre parcel;
a change of zoning from B-2 Community-Business District
to A-2 Apartment District on a 26,400-square foot parcel;
AND, a changeof zoning from R-6 Residential District to
B-2 Community-@usiness District on a 1.14-acre parcel.
These sites are located along the northwest intersection
of Haygood Road and Aragona Boulevard (Bayside Borough).
a. Letter from the City Manager transmits the
reconmendation of the Planning Coimmission
for approval.
1. ORDINANCE
1. Ordinance to add a Section 2-231 to the Code of the City
of Virginia Beach pertaining to the operation of satellite
offices by the City Treasurer.
J. UNFINISHED BUSINESS
1. Reconsideration of conditions attached to rezoning on
Great Neck Road of The Breeden Company, Inc. City
Council approved their application for a change of
zoning from R-5 Residential District to 0-1 Office
District on July 12, 1976. They requested the fence
requirement be waived. (Lynnhaven Borough)
(This matter was deferred until today on May 23, 1983.)
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 6, 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, June 6, 1983, at Eleven O'Clock in the morning.
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.,
and Meyera E. Oberndorf
Council Members Absent:
John A. Baum
June 6, 1983
-2-
ITEM # 20021
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION after 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. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
4. 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 McCoy, seconded by Vice Mayor Henley, City Council
voted to proceed into the EXECUTIVE SESSION.
Voting: 10-0
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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
City Council RECESSED into EXECUTIVE SESSION at Eleven Ten in the morning.
June 6, 1983
-3-
I N F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 6, 1983
12:55 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.,
and Meyera E. Oberndorf
Council Members Absent:
John A. Baum
June 6, 1983
-4-
ITEM # 20022
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. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
4. 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 Heischober, seconded by Councilman Jones, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 10-0
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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
June 6, 1983
-5-
M A T T E R S B Y T H E M A Y 0 R
COUNCIL FUNCTIONS ITEM # 20023
Mayor Jones expressed appreciation to Council members for their participation
in several events during the month of May on behalf of the City as follows:
..... Councilwoman Creech and Councilwoman Oberndorf attended
the Planning Council Panel Presentation at Holiday Inn-
Executive on Newtown Road
..... Councilman Heischober attended the groundbreaking cere-
mony of the expansion of Bayside Hospital.
..... Councilman Jennings attended the Crime Solvers' Golf
Tournament at Hell's Point Golf Course.
..... The "Sailor of the Year" reception held at Oceana was
attended by Councilwoman Oberndorf, Vice Mayor Henley,
Councilman Jennings, Councilwoman McClanan, and
Councilman Robert Jones.
..... "Sailor of the Year Night" whicb was held at Bayville Park
was attended by Councilwoman Creech, Councilman Jennings,
Councilwoman Oberndorf, and Councilman Robert Jones.
..... "Sailor of the Year" banquet was attended by Councilman
Jennings and Councilwomen Creech, Oberndorf and McClanan.
..... Vice Mayor Henley represented the Mayor and welcomed to
Virginia Beach the Virginia State Lions Convention held
at the Pavilion.
..... In attendance at the "Discover TRT" function held at
Holiday Inn-Scope were Councilwoman Oberndorf and
Councilman McCoy.
..... Councilman Jennings attended the Tidewater Builders
Association (TBA) meeting held at Lake Wright in honor
of Fred Napolitano.
..... The annual outing of the Chamber of Commerce held at
Oceana was attended by Councilwomen Creech and Oberndorf
and Councilmen Jennings, Heischober, Baum, McCoy and
Robert Jones.
..... Councilmen Jennings and Reischober attended the ribbon
cutting for the Public Works' Solid Waste Transfer
Station at Laskin Road and Virginia Beach Boulevard.
..... "Waterside" activities were attended by Councilwomen
Creech and Oberndorf and Councilmen Kitchin, Baum, McCoy,
Jennings, and Robert Jones.
June 6, 1983
-6-
M A T T E R S B Y C 0 U N C I L
URANTUM MINING ITEM # 20024
In a letter dated May 9, 1983, addressed to the Honorable J. Paul Councill,
tbe Virginia Municipal League expressed serious concern about the procedures
being followed by the Uranium Administrative Group (copy of said letter was
sent to the Governor). (A copy of the subject letter is hereby made a part
of the record.)
Vice Mayor Henley stated her feeling that the City should consider "echoing"
the Governor's concerns, either to the Uranium Administrative Group or at
least to our own legislators. She also stated the uranium mining question
probably seems to be far removed from us but it is very pertinent regarding
our future water source. It is felt that Marline Corporation is doing a
great job of promoting what they would like to do. The City should let its
concerns be known so if the General Assembly does take action in their next
session they will have our concerns before them. Vice Mayor Henley commented
the uranium mining that is referenced by Marline Corporation is in areas
that are quite different from Virginia -- aired areas, sparsely developed
areas -- not a comparable situation giving the density, comparison to other
places.
Fredericksburg was extremely concerned when Marline Corporation had the leases
in the Rappahannock River Basin. They temporarily abandoned those leases
last year which does not mean they cannot be renewed. Danville is concerned
about Pittsylvania. Tbe City of Virginia Beach should make its position known.
Councilman Jones presented the question "What is more dangerous about uranium
mining than any kind of mining?", to which Vice Mayor Henley replied it was the
possible effect on groundwater as well as surface water. Councilman Heischober
stated there is residue introduced into the water supply. Councilwoman Oberndorf
made the statement "We are talking about 'mining' AND 'milling'." Nuclear
waste results. A presentation was shown using France as an example and some-
where else that was very sparsely populated in the United States. Councilwoman
Oberndorf stated she thought the letter the Subcommittee sent to Delegate
Councill listed specifically:
(1) They have not chosen specific sites, so obviously the environ-
mental studies cannot be done and the City cannot react to it
knowing that they have not said to Marline Corporation where
they want it.
(2) It says the State Code recommends the evaluation of proposals
not only with the aid of independent consultants but also
participation of the public. They had a public hearing and
the only people who were allowed to testify were Marline
Corporation, Union Carbide, and the Nuclear Regulatory
Commission. No one else was allowed to speak.
(3) Environmental Quality Policy Committee wanted the General
Assembly to know they are deeply concerned. Folks across the
State are concerned about not rushing into this type thing
until more specific data is compiled so we will not, for
instance, in the question of Virginia Beach not investing
$180 million to bring water from Gaston,and then find out
the rivers that feed into Gaston have been contaminated --
and they may not be -- but we do not know. They want the
State to move more cautiously and have more input. If the
remal.nder of Council is amenable to draft a resolution
of concern, that could be sent to the Governor because he
also appoints these committees as well as the members of the
House of Delegates and Senate on the State level to let them
know we, as a City, are concerned.
Councilman Heischober commented it is qui-te possible that, if left alone,
the residue of the uranium mining may jeopardize the new study the Corps of
Engineers is doing. On that basis, a permit may not be realized.
June 6, 1983
7-
ORDINANCE CHANGE
A-1 DISTRTCT ITEM # 20025
On the Planning Commission agenda for July 12, there is to be heard an
Ordinance change to the A-1 District. Councilwoman Creech requested
expedition of this item to the August 1 meeting of City Council.
LCAC TTEM # 20026
Councilman Jennings made reference to a letter from him addressed to the
Honorable Mayor and Members of the Council dated June 1, 1983 which out-
lined events leading up to, and including, a meeting with the Navy on May 26,
1983, to talk about the LCAC (copy of said letter is hereby made a part
of the record). He stated the Navy is still amenable to looking at a move
to the Eastern Shore as an alternative.
FORT STORY LCAV-30 PROGRAM ITEM # 20027
Upon introduction by Councilman Jennings, David Grochmal gave a brief
report to Council relative to the LCAV-30's at Fort Story. Mr. Grochmal
distributed an article which appeared in the Friday morning edition of the
"Virginian Pilot" (copy of which is hereby made a part of the record) which
related to the letter City Manager Muehlenbeck sent to General Small (copy
of which Council members received dealing with the Environmental Tmpact
Statement for LCAV-30's at Fort Story). When the City obtained copies of the
Environmental Impact Statements that were done in 1976 and 1978, it appeared
that they did not contain much analysis on the impact; they simply made a
statement that there was no significant impact. The City does not believe
that is the case; therefore, a letter was written but a response has not
been received.
In the newspaper article, it is stated that more testing of four vehicles
is to be done in July and August, yet the letter from Colonel Blewster
(which was received approximately a month ago) stated they were going to
have fourteen vehicles by the end of the year. Mr. Grochmal stated he was
not sure if they thought this complied with the National Environmental Policy
Act or not. He also stated that the City does not believe in the accuracy
of their claim that no significant impact was made in testing. The City
would like to see the study they have done to support that. Staff will be
talking to them about the announcement for the continuing of testing and
about a response to the letter written by the City Manager.
June 6, 1983
-8-
VIRGINIA MUNICIPAL LEAGUE ITEM # 20028
Councilman Robert Jones stated he had been appointed to the Legislative
Committee of the Virginia Municipal League. A meeting is to be held
June 30, at which time legislation will be compiled for the Committee to
be presented at the next session of the Virginia General Assembly.
City Manager Muehlenbeck and David Grochmal have taken the initiative and
identified four particular things which they think should be taken to the
Committee to try to get on the VML's legislative program. They involve
(1) the distribution of ABC profits according to the current population;
(2) pushing for the Contraband Forfeiture Act (almost passed last time);
(3) modifications possibly in the Procurement Act regarding professional
services; and,
(4) clarification as to "Interbasin Transfer" of water.
Councilman Jones commented that from the legislative package last fall
should anyone have anything to be presented at the June 30 meeting, he
would be glad to comply. He advised he felt it would be helpful if Council,
by resolution, requested him to do these things.
J. B. SEAFOOD RESTAURANT ITEM # 20029
Councilman Jones commented he assumed Council members received a copy of
a letter from the law firm of Paulson, Fancher and Dockery regarding
J. B. Seafood Restaurant. The City Manager has already responded and
offered to furnish Council with a copy of that response.
June 6, 1983
-9-
M A T T E R S B Y C I T Y M A N A G E R
CUP - SHIRLEY J. SMITH ITEM # 20030
A letter request was submitted by Mrs. Shirley J. Smith for expedition
of a Conditional Use Permit application (copies of said letter were fur-
nished Council members). This item is to be heard by the Planning Com-
mission July 12; consequently, the most expeditious time Council could
handle this would be August 1.
NORTH VIRGINIA BEACH
DEVELOPMENT ITEM # 20031
Councilman Baum was unable to be in attendance at this meeting; however,
he requested Council to invite the Planning Commission to the briefing
to be held June 20 regarding "development of the North End" and suggested
Council meet at 11:00 o'clock in the morning to enable the staff to make
said presentation.
VIRGINIA BEACH DOME ITEM # 20032
It was moved this past week to close the Dome until the City has an opportunity
to remove the asbestos. James Kreger, Executive Director of the Virginia Beach
Pops, requested the City Manager to advise Council they have sold 50% of the
season tickets and they trust the Dome will be reopened by September 25 (for
their first performance). City Manager Muehlenbeck stated the City anticipates
having the Dome open by September 1. There are a number of other events which
the staff has been working on with people who have contracts to relocate some
of those activities to the Pavilion. At this point, it has worked smoothly.
CONSENT AGENDA ITEM # 20033
Mayor Jones asked Mr. Giles Dodd for an interpretation of the roll-back tax
item; i.e., when does the interest rate go into effect? Mr. Dodd stated his
understanding that when the assessor computes the roll-back tax it changes
whenever the use of the property changes. It is only when the property is
no longer farmed that the interest rate applies.
Councilman Heischober requested three items be pulled from the Consent Agenda
for brief discussion -- Items 1, 4 and 9.
Councilman McCoy requested Item 2 be pulled from the Consent Agenda.
Councilman Jones questioned Item 3 -- "What is the significance of establish-
ing a bird sanctuary?" The City Manager replied the birds are protected in
a sanctuary.
ITEM # 20034
City Council RECESSED into EXECUTIVE SESSION at One-Twenty in the afternoon.
June 6, 1983
-10-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 6, 1983
2:10 p.m.
Council Members Present:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.*
INVOCATION: Reverend B. G. Campbell
Westwood Hill Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 6, 1983
Councilman Jennings entered the meeting at 3:30 p.m.
Item II-D.1
MINUTES ITEM # 20035
Upon motion made by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council APPROVED the Minutes of May 23, 1983.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-13a-
REQUESTED BY: COUNCILMAN J. HENRY McCOY, JR.
A RESOLUTION DESIGNATING THE
INTERSECTION OF KEMPSVILLE ROAD AND
PROVIDENCE ROAD AS "KEMPSVILLE
CORNERS".
WHEREAS, Providence square Shopping Center is located
at the intersection of Kempsville Road and Providence Road; and
WHEREAS, Fairfield Shopping Center is located at the
intersection of Kempsville Road and Providence Road; and
WHEREAS, the Providence Square Shopping Center and
Fairfield Shopping Center Merchants Association desire that said
intersection have a distinct name which the general public will
readily associate with said intersection; and
WHEREAS, the Providence Square Shopping Center and
Fairfield Shopping Center Merchants ASsociation desire that said
intersection be designated as "Kempsville Corners."
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRIGNIA, that the intersection of Kempsville
Road and Providence Road in the City of Virginia Beach is hereby
and shall henceforth be designated as "Kempsville Corners."
Adopted by the City Council of the City of Virginia
Beach, Virginia on the 6th day of June 1983.
5/27/83
(RES.3) APPROVED AS TO CONTENT
@'-@AT.@@
CITY ATT lp,!Ey
"C',
-14-
Item II-G
CONSENT AGENDA ITEM # 20038
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED, in ONE MOTION, the Consent Agenda, with the exception of
Items 1, 2, 4 and 9.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-15-
Item II-G.1
CONSENT AGENDA ITEM # 20039
Upon motion by Councilman Heischober, seconded by Councilman Kitchin, City
Council voted to DEFER action on an Ordinance, on First Reading, to amend
and reordain Section 35-50 of the Code of the City of Virginia Beach per-
taining to roll-back tax when use changes to nonqualifying use, until such
time as the City Manager can reconsider this item and present to Council
a realistic rate of interest.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-15a-
Requested by: Finance
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-50 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO ROLL-BACK TAX WHEN USE CHANGES
TO NONQUALIFYING USE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-50 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 35-50. Roll-back tax when use changes to
nonqualifying use.
There is hereby imposed a roll-back tax, in such amount
as may be determined under section 58-769.10 of the Code of
Virginia, upon any property as to which the use changes to a
nonqualifying use under this division, plus simple interest on
such roll-back taxes at the same interest rate of-5im-+6@
pereent-per-annum applicable to delingu@nt real estate taxes
pursuant to section 35-37 of this Code. The real estate assessor
shall determine and assess the roll-back tax of the owner of any
real estate liable for such tax, which shall be paid to the city
treasurer within thirty (30) days after the assessment. Failure
of the owner to pay such tax within thirty (30) days shall cause
the owner to be liable for an additional penalty of ten (10)
percent of the amount of the roll-back tax, which penalty shall
be collected as part of the tax. In addition to such penalty,
there is hereby imposed interest at the same interest rate ef
applicable to delinquent real
estate taxes pursuant to section 35-37 of this Code on the amount
of roll-back tax for each month or fraction thereof during which
failure to pay continues.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1983.
First Reading:
Second Reading:
3/24/83
4/15/83
(D)
-16-
Item II-G.2 ITEM # 20040
Upon motion by Councilman McCoy, seconded by Councilwoman McClanan, City
Council voted to DENY an Ordinance to amend and reordain Sections 21-72 and
21-370 of the Code of the City of Virginia Beach, Virginia, pertaining to
local vehicle license (this matter was deferred for two weeks on May 16,
1983).
Voting: 5-3
Council Members Voting Aye;
Harold Heischober, Mayor Louis R. Jones, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera Oberndorf
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, III
Council Members Absent:
John A. Baum, Nancy A. Creech, H. Jack Jennings, Jr.
June 6, 1983
-16a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-72 AND 21-370 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO LOCAL VEHICLE LICENSE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 21-72 and 21-370 of the Code of the City
of Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Section 21-72. General requirements.
(a) It shall be unlawful for any person to operate a
motor vehicle, trailer, or semitrailer after the thirty-first day
of January of any license year, without having paid the requisite
license tax and displaying the current license plate or decal
required by this article. Any motor vehicles, trailer or
semitrailer parked on any public street or in any public parking
lot, without displaying such current license plate or decal shall
be presumed to have been operated by its owner in violation of
this section.
(b) Any person who violates any provision of this
section shall be guilty of a Class 4 misdemeanor and each day's
continuance of such violation shall constitute a separate
offense. Any person desiring to pay the fine for such violation
prior to the date set for a court hearing, as indicated on the
summons issued for such violation, shall be required to provide
proof that a current license plate or decal, as required by this
article, has been purchased.
Cross Reference: Parking without city decal, S21-370.
Section 21-370. Parking vehicle without current state license or
city decal.
It shall be unlawful for any person to park any vehicle
having no current state license on-any-h4lhway-w+th4!n-the-e4tyT
plate or no current city decal on any highway or on any public
parking lot within the City.
-16b-
Cross Reference: Operating a vehicle without city
decal, SS21-72.
Adopted by the Council of the City of Virginia Beach on
the day of , 1983.
KJC/da
(A)
3/16/83
-2-
-17-
Item II-G.3 ITEM # 20041
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to amend and reordain Section 5-31 of the
Code of the City of Virginia Beach pertaining to bird sanctuaries, Wolfsnare
area (Lynnhaven Borough).
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-17a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-31 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO BIRD
SANCTUARIES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT SECTION 5-31 OF THE CODE OF THE
CITY OF VIRGINIA BEACH IS HEREBY AMENDED AND REORDAINED AS
FOLLOWS:
Section 5-31. Established; purpose.
The following described areas in the city are hereby
declared to be bird sanctuaries for the protection of all birds:
(1) North Thalia in Kempsville Borough:
Beginning at a point in the center of
Thalia Creek on the north side of U.S.
Route 58 (Virginia Beach Boulevard);
thence in a northerly direction following
the center of Thalia Creek to the merger
of Thalia Creek, the western branch of
Lynnhaven River and Buchannan Creek;
thence in an easterly direction along the
center of Buchannan Creek (Lynnhaven and
Kempsville Borough line) to the northeast
boundary of Thalia Shores; thence in a
southerly direction along the Lynnhaven
and Kempsville Borough line to a point;
thence along the borough line in a
westerly direction approximately twelve
hundred (1200) feet, more or less, to a
point; thence along the borough line in a
southerly direction to the north side of
U.S. Route 58 (Virginia Beach Boulevard)
and Route 1192 (West Brook Road); thence
in a westerly direction along U.S. Route
58 to the point of beginning.
- 17b -
(2) Chesopian Colony in Lynnhaven Borough:
Beginning at a point in the center of
Pine Tree Branch on the north side of
U.S. Route 58 (Virginia Beach Boulevard);
thence in a northerly direction following
the center of Pine Tree Branch to the
merger of Pine Tree Branch, the eastern
branch of Lynnhaven River and London
Bridge Creek; thence in a southeasterly
direction along the center of London
Bridge Creek to U.S. Route 58 (Virginia
Beach Boulevard); thence along the north
side of U.S. Route 58 in a westerly
direction to the point of beginning.
(3) The subdivisions known as Kings Grant,
Alanton, Kings Forest, Malibu, Birchwood
Gardens, Lynnhaven Acres,
Cape-Story-By-The-Sea, Bay Island and
Trantwood Shores in the Borough of
Lynnhaven and Nottingham Estates, Laurel
Cove and Aragona Village in Bayside
Borough.
(4) All that certain area located in
Lynnhaven Borough, including, but not
limited to those subdivisions known as
Wolfsnare Plantation, Southern Points,
Robin Hood Forest and Great Neck Estates,
and being more particularly described as
follows: Beginning at a point in the
center of Wolfsnare creek on the western
side of Great Neck Road; thence in a
westerly direction following the center
line of Wolfsnare Creek to the merger of
Wolfsnare Creek and the eastern branch of
-17c -
the Lynnhaven River; thence in a
northerly direction along the center line
of the eastern branch of the Lynnhaven
River to the merger of the center line of
the eastern branch with Inlynnview Road
extended; thence, in an easterly
direction and running parallel to Robin
Hood Road, down the center of Inlynnview
Road to the intersection of Inlynnview
Road and Five Points Road; thence in a
northerly direction, down the center of
Five Points Road to the point of
intersection of Five Points Road and Rose
Hall Drive; thence in an easterly
direction, down the center of Rose Hall
Drive to the intersection of Rose Hall
Drive with Great Neck Road, thence in a
southerly direction and traveling along
the western right-of-way line of Great
Neck Road, to the point of merger of the
center line of Wolfsnare Creek with the
western right-of-way line of Great Neck
Road, said point being the point of
beginning.
(5) All that certain area bounded on the
north by Shore Drive, on the south by
Long Creek, on the west by Great Neck
Road and on the east by the subdivision
known as Cape-Story-By-The-Sea.
(6) The subdivision known as Lakeview Shores,
Lake Smith Terrace, Lake Smith
Terrace-West, Thoroughgood, Thoroughgood
Estates, Lake Shores, Bayville Park,
- 17d -
Baylake Pines and Baylake Beach in
Bayside Borough.
(7) All that certain area located in Princess
Anne Borough being described as follows:
From the intersection of the center line
of Hell Point Creek and Tabernacle Creek
to its intersection with the center line
of Muddy Creek to its termination at
North Bay, then northwardly along the
center line of Hell Point Creek to the
point of origin. (8) The subdivisions
known as Kempsville Heights,
Point-of-View, Arrowhead, Carolanne
Farms, Huntington, Fairfield, Kempsville
Manor, Kempsville Gardens, Lark Downs,
Larkspur, Kempsville Colony, Bellamy
Manor, Acredale, Reverton, Lakeville
Estates and Stratford Chase in Kempsville
Borough and Fawn Village at Indian Lake.
(9) All that certain area located in Princess
Anne Borough being described as follows:
From the center line of North Landing
Road easterly five hundred (500) feet and
westerly five hundred (500) feet and
running parallel to North Landing Road
from the south line of Indian River Road
to the Chesapeake City boundary line on
the Intercoastal Waterway.
(10) The subdivision known as Lago-Mar in
Princess Anne Borough.
(11) The subdivision known as Green Run in
Princess Anne ]3orough.
- 17e
The subdivisions known as Pembroke
Meadows, Pembroke Manor, Witchduck Point
and Witchduck Bay in Bayside Borough.
(13) The subdivision known as Lynnhaven
Colony.
(14) All that certain area known as Chesapeake
Beach in the Bayside Borough of the city;
said area is bounded on the south by
Shore Drive, bounded on the north by
Chesapeake Bay, bounded on the west by
Little Creek Amphibious Base, and bounded
on the east by the subdivision known as
Baylake Pines.
(15) All that certain area known as Princess
Anne Plaza in the Lynnhaven and Princess
Anne Boroughs of the city; said area is
bounded on the north by the Virginia
Beach toll road, bounded on the west by
Rosemont Road, bounded on the south by
Holland Road and Lynnhaven Parkway, and
bounded on the east by Lynnhaven
Parkway.
(16) All that certain area known as Wolfsnare
in the Lynnhaven Borouqh of the city;
said area is bounded on the east by First
Colonial Road, on the north by the
Northern Branch of Wolfsnare Creek, on
the west by Great Neck Road, and on the
south by the Southern Branch of Wolfsnare
Creek, Regency Apartments, and Laskin-
Road; to include the subdivision of First
Colonial Estates, Camden Estates,
- 17f -
Glouster Village, Hilltop Manor,
Wolfsnare Acres, Washington square, and
Woods of Washington Square.
This ordinance shall become effective on the date of
this adoption.
RMB/re
5/27/83
(E)
ADOPTED: June 6, 1989
DEPARTMENT
0 0 @'2?
CITY ATT"Rr':EY
-18-
Item II-G.4 TTEM # 20042
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT an Ordinance to transfer capital project funds
of $259,200 for renovation of the Virginia Beach Dome.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera Oberndorf
Council Members Voting Nay:
None
Vouncil Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-18a-
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
FUNDS OF $259,200 FOR RENOVATION OF THE
VIRGINIA BEACH DOME
WHEREAS, the insulating material in the interior ceiling of the Dome
contains asbestos which is known to constitute a health hazard, and
WHEREAS, City Council desires to remove the asbestos material and
install a suitable insulating material, and
WHEREAS, a feasibility study has been prepared which concludes that
removal of the asbestos will cost approximately $259,200 including architectural
fees, construction costs, and contingencies, and
WHEREAS, the necessary funding can be transferred from Projett 3-826 -
Energy Conservation Program due to the low bid on this project being substan-
tially below the cost estimate,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that renovation of the Virginia Beach Dome, to include the removal of
asbestos material and installation of a suitable insulating material is hereby
approved as a capital project and that capital project funds of $259,200 are
hereby transferred from Project 3-826 - Energy Conservation Program to Project
3-952 - Renovation of the Virginia Beach Dome to perform the above work.
Adopted by the Council of the City of Virginia Beach on the - 6th day
of June , 19 83 .
-19-
Item II-G.5 ITEM # 20043
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to transfer capital project funds of $101,216
to provide for well structures and landscaping for the emergency production
wells and to match appropriations and expenditures for these projects.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-19a-
AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF
$101,216 TO PROVIDE FOR WELL STRUCTURES AND LAND-
SCAPING FOR THE EMERGENCY PRODUCTION WELLS AND TO
HATCH APPROPRIATIONS AND EXPENDITURES FOR THESE
PROJECTS
WHEREAS, five emergency production wells were constructed on sites
located in Suffolk, Isle of Wight, and Southampton to help alleviate shortages in
the City's water supply during dry periods, and
WHEREAS, construction activity on these wells is completed except for
well housings for the two Suffolk wells and landscaping for the Southampton well,
and
WHEREAS, excess appropriations of $55,664 exist in the Isle of Wight
wells project and excess expenditures exist in the Suffolk and Southampton wells
projects of $87,232 and $13,984 respectively, including the estimated costs for
the remaining work, and
WHEREAS, the excess appropriations in the Isle of Wight wells project
along with available appropriations from the Water and Sewer Capital Projects
Fund, Improvement to Sites account can be used to fund the remaining work at the
Suffolk and Southampton wells and match appropriations and expenditures for the
emergency production wells projects,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that capital project funds of $101,216 be transferred among capital pro-
jects as indicated below to provide for the remaining work needed at the
Southampton and Suffolk wells and to match appropriations and expenditures for
the emergency wells projects:
Transfer to:
5-959 - Emergency Production Wells - Suffolk $ 87,232
5-961 - Emergency Production wells - Southampton 13,984
Total $ 101,216
Transfer from:
5-960 - Emergency Production Wells -
Isle of Wight $ 55,664
- Improvements to Sites 45,552
Total $ 101,216
Adopted by the Council of the City of Virginia Beach on the - 6th day
of June 19 83
-20-
Item II-G.6 ITEM # 20044
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance, on SECOND READING, to increase appropriations
to the Alcohol Safety Action Program (DUI), by $50,203.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-20a-
AN ORDINANCE TO INCREASE
APPRC)PRIATICNS TO THE AICOHOL
SAFETy ACTICN PROGRAM (DUI)
WHEFtEAS, the City Police Department has placed increased @hasis
on dealing with individuals who drive while intoxicated, and
WHERFAS, the average caseload for the Alcohol Safety Action Programs'
Driving Under the Influence treatment mit has doubled since the begiming of
the fiscal year, and
WHEREAS, additicnal resources are required in alcohol education,
treatnmt t@, and routine supportive services for the DUI program, and
, the DUI progrm is self-supported by ASAP client fees.
NOW, MMMRE, BE IT BY THE COUNCTL OF THE CITY OF VIRGINIA
@H that appropriations be increased in the DUI Program by $50,203 as follows:
Personal Services $(1,056.00)
Fringe Benefits (425.00)
Ccntractual Services 47,030.00
Interrial S@ices 429.00
Other Charqes 956.00
Capital Outlay 379.00
Leases and Rentals 2,890.00
Net Increase $50,203.00
BE IT FLJRTHER OMA= that the appropriations be financed by a
$50,203.00 increase in est@ted revenue frcm ASAP Client Fees.
FIRST READING: May 23, 1983
SECCND READING: June 6, 1983
Adopted by the C@cil of the City of Virginia Beach on the 6th
day of 1983.
;,@OpROVE-D AS TO CONIENT
1. T-al N-T
Ar
-21-
Item II-G.7 ITEM # 20045
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, to accept a grant of $33,500
from the Department of Transportation Safety AND transfer FY 83 appropria-
tions for the purchase of two motorcycles.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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;
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-2la-
AN OpD To ACCEPT A GRANT
CF $33,500 FRCM THE DEPARTMERE
OF TRMSPORTPITICN SA= AND
TRANsFER Fy 83 APPROPRIATICNS
FOR THE P OF TWO MOMRCYCLES
city Cm=il is interested in traffic safety in the City of
virginia Beach, and
, the De t of Transportation Safety (DOTS) has aw-ded a
grant of $33,500 for a Police Motorcycle Enforc@t Program, and
, the fiscal year 1984 budget has included $33,500 in revenue
that will ccrrke fran this afor@tioned grant, and
, the transfer of $14,400 of fiscal year 1983 appropriations
is needed to purchase two mtorcycles to satisfy part of the City match requirement.
NOW, RE, BE rr ORDANM BY THE 00@IL CF THE CITY OF VIRGINIA
BEACH:
That the City Manager is hereby authorized to accept the afor@tioned
grant and that funds of $14,400 be transferred within the Fy 83 Operating Budget
of the Police De t for the purchase of two motorcycles for the program.
FIRST READING: June 6, 1983
SECaND READING:
Adopted by the Council of the City of Virginia Beach m the day
of 1983.
0
- 22-
Item II-G.8 ITEM # 20046
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, to increase appropriations
for the Department of Parks and Recreation AND increase estimated revenues
concerning recreation class fees for Fiscal Year 1983 and 1984 in the amounts
of $3,000 and $22,500.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-22a-
AN ORDINANCE TO INCREASE APPROPRIATIONS
FOR THE DEPARTMENT OF PARKS AND RECREA-
TION AND INCREASE ESTIMATED REVENUES
CONCERNING RECREATION CLASS FEES FOR
FISCAL YEARS 1983 AND 1984 IN THE AMOUNTS
OF $3,000 AND $22,500.
WHEREAS, the Department of Parks and Recreation in
previous years collected fees for adult and youth classes and
remitted those fees directly to the professional instructors,
and
WHEREAS, this policy has been revised in FY 83 whereby
the fees are recorded as revenue by the city and the amounts
remitted to the instructors are expenditures from the operating
budget, and
WHEREAS, due to this policy change the Department of
Parks and Recreation is requesting an additional appropriation
of $3,000 for its youth activities budget in FY 83 and $22,500
for adult and youth activities in FY 84 to pay the contractual
services for professional instructors, and
WHEREAS, both appropriations will be offset by
increased revenues from the recognition of the participants'
fees as revenue and in addition the department will charge
a $5 administrative cost per participant which will result
in excess revenues over expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT funds of $3,000 for FY 83 and $22,500 for
FY 84 be appropriated to the Department of Parks and
Recreation to pay the contractual services for professional
instructions in adult and youth recreation classes.
BE IT FURTHER ORDAINED that these appropriations be
financed by an increase in estimated revenue of $3,000 in
FY 83 and $22,500 in FY 84.
-22b-
BE IT FURTHER ORDAINED that the City Manager is
hereby authorized to enter into the appropriate contractual
services agreements with professional instructors for
adult and youth recreation classes provided by the
Department of Parks and Recreation as may be provided by
ordinance.
Adopted by the Council of the City of Virginia Beach
Virginia on the day of 19
First Reading: June 6. 1983
Second Reading:
-23-
Item II-G.9 ITEM # 20047
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED, as revised, an Ordinance, on FIRST READING, to authorize
the Finance Director to issue petty cash fund balances to departments and
agencies of the City, AND, further, revised to eliminate the word "an" after
the word "make" in the fifth sentence, third paragraph, and insert the
words "not less than quarterly" after the word "make". Thus, the sentence
would read:
"Each person receiving or administering any such fund
shall make not less than quarterly accounting thereof
through either periodic audit or submission to the
Finance Director of reimbursement vouchers containing
receipts."
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TII,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-23a-
REQUESTED BY: DEPARTMENT OF FINANCE
AN ORDINANCE TO AUTHORIZE THE
FINANCE DIRECTOR TO ISSUE PETTY
CASH FUND ADVANCES TO DEPARTMENTS
AND AGENCIES OF THE CITY
WHEREAS, more efficient administration would be
promoted by establishing one or more petty cash funds for
making change and for payment of claims arising from
commitments made pursuant to provisions of law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the Finance Director is authorized to issue
petty cash fuhd advances not exceeding $2,500 each for use
in making change and purchasing goods and services that are
in urgent neod. Each person receiving or administering any
such fund shall make an accounting thereof through either
periodic audit or submission to the Finance Director of
reimbursement vouchers containing receipts.
This ordinance shall be effective from the date
of its adoption.
ADOPTED:
First Reading: June 6, 1983
Second Reading;
-24-
Item II-G.10 ITEM # 20048
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance requiring examination of criminal records of
applicants for employment with the City of Virginia Beach.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-24a-
REQUESTED BY: THOMAS H. MUEHLENBECK, CITY MANAGER
AN ORDINANCE REQUIRING EXAMINATION OF
CRIMINAL RECORDS OF APPLICANTS FOR
EMPLOYMENT WITH THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, employees of the City have regular access in
the scope of their employment to public property, equipment, and
funds, and such employees have continued contact with members of
the public and their property; and
WHEREAS, the public safety and welfare require that all
such employees be of good moral character and honest demeanor.
It is hereby ORDAINED by the Council of the City of
Virginia Beach, Virginia:
That the City Manager or his designee obtain for each
applicant to be offered public employment in the City, a record
of past criminal convictions, to determine if any such past
criminal conduct would be compatible with the nature of
employment under consideration so as to adequately protect the
public safety and welfare.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on June 6, 1983
Note: For State authority, see S19.2-389, Code of
Virginia, 1950, as amended.
RHM/da
11/12/82
11/29/82
12/1/82
(Misc.)
-25-
Item II-G.11 ITEM # 20049
Upon motion by Councilwoman Creecb, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing the City Manager and City Clerk to
execute a utility service agreement among the City of Virginia Beach, the
City of Chesapeake, and Woods Corner Associates for provisions of water and
sewer services to Charlestowne Lakes South, located in the Cities of
Virginia Beach and Chesapeake.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-25a-
AN ORDINANCE AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE
A UTILITY SERVICE AGREEMENT AMONG
THE CITY OF VIRGINA BEACH, THE CITY
OF CHESAPEAKE, AND WOODS CORNER
ASSOCIATES FOR PROVISION OF WATER
AND SEWER SERVICES TO CHARLESTOWNE
LAKES SOUTH, LOCATED IN THE CITIES
OF VIRGINIA BEACH AND CHESAPEAKE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Manager and City Clerk are hereby authorized
to execute a utility service agreement among the City of Virginia
Beach,the City of Chesapeake, and Woods Corner Associates for
provision of water and sewer services to the Charlestowne Lakes
South subdivision, located in the Cities of Virginia Beach and
Chesapeake, as described in said agreement, a copy of which is
attached hereto and made a part hereof.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 6th day of June, 1983.
cj
6/1/83
25b
CHARLFSTOWNE LAKES SOUTH
UTILITY SERVICE AGREEMENT
THIS AGREEMENT, made this 24th day of May
1983, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation.of the State of Virqinia, hereinafter referred to as
"Virginia Beach,' and the CITY OF CHESAPEAKE, a municipal
corporation of the State of Virginia, hereinafter referred to as
'Chesapeake,' and WOODS CORNER ASSOCIATES, a corporation in the
State of Virqinia, or its assiqns, hereinafter referred to as
"Woods Corner."
W I T N E S S E T H:
WHEREAS, Woods Corner owns and is developing a
residential development known as Charlestowne Lakes South
(hereinafter referred to as "Development"), which lies along the
boundary between Virginia Beach and Chesapeake; and
WHEREAS, at the time Woods Corner sought subdivision
approval for said Development from Virginia Beach, confusion
existed between the parties hereto as to the location of the
boundary lines between Chesapeake and Virginia Beach, with Woods
Corner acting upon the belief that the development was solely
within the political boundaries of virginia Beach, and
WHEREAS, pursuant to requirements for subdivision
approval by Virqinia Beach, Woods Corner installed at its expense
public improvements including streets, drainage, water lines, and
pump stations both within the Development and offsite, such
facilities being so sized as to meet the needs of the said
Development; and
WHEREAS, subsequent to subdivision approval of said
Development by Virginia Beach, it was determined that a portion
thereof (consisting of some fifty-six (56) lots) of Charlestown
Lakes was actually located within Chesapeake; and
WHEREAS, Chesapeake and Virginia Beach desire for
the Development to be developed as originally planned, utilizing
public improvements previously installed; and
25c
WHEREAS, Chesapeake desires for the lots located within
its boundaries to be served by municipal sewer and water service
but does not have facilities available to provide servic* to
them; and
WHEREAS, Woods Corner intends to complete design and
installation of the necessary sewage collection facilities and
potable water distribution facilities within the Development
needed to serve the lots located in Chesapeake and dedicate the
same to virginia Beach; and
WHEREAS, Virginia Beach desires to cooperate with
Chesapeake in furnishing these services to those lots located in
the Chesapeake portion of the Development.
NOW, THEREFORE, this Agreement witnesseth:
That for and in consideration of the premises and
mutual agreements herein contained, Virginia Beach, Chesapeake,
and Woods Corner do hereby agree as follows:
1. The water and sewer services to be provided by
Virginia Reach in Chesapeake pursuant to this Agreement are
limited to that area of the Development located within the
municipal boundaries of Chesapeake, generally described as an
approximate 17 acre portion of Charlestowne Lakes South, Sections
II and III, as generally located on the attached locality map,
entitled "Exhibit A." It is specifically agreed that this
Agreement relates to provision of water and sewer service only
and that all other municipal services will be provided to the
subject area by Chesapeake, provided, however, that maintenance
and testing of fire hydrants in the subject area shall be
performed by the City of Virginia Beach which shall have the
responsibility for first call response therein.
2. Woods Corner and Chesapeake acknowledge that
Virginia Beach is under no legal obligation to service this or
any other area located outside its boundaries except under the
terms hereof. Woods Corner shall be responsible for obtaining
compliance with all applicable ordinances pertaininq to the
development of the subject property in the particular city where
each portion is located.
-2-
25d
3. Woods corner shall design and cause to be
installed, through its agent, the specific sewage collgction and
water distribution facilities for the referenced areas in
accordance with the standards and specifications of the Virainta
Beach Department of Public Utilities and further agrees to
dedicate sai.d facilities and necessary easements upon completion
to Virginia Beach.
4. Virqinia Beach and Chesapeake agree that upon
approval and acceptance of the sewage collection and water
distribution facilities by Virginia Beach, such facilities shall
become part of the Virginia Beach Public Utility System, and
Virqinia Beach shall have the right to provide water and sewer
service to the subject area in Chesapeake. Chesapeake further
agrees that the provisions of the Code of the City of Virginia
Beach governing such services and the fees relating thereto shall
be in full force and effect in that portion of the City of
Chesapeake where service is so provided.
5. Virginia Beach shall have perpetual access within
Chesapeake's streets, easements, and rights-of-way as necessary
for maintenance of the specified Charlestowne Lakes South sewaqe
collection and water distribution facilities. Virginia Beach
will return such easements and rights-of-way to their original
condition after any maintenance or improvements and will hold
Chesapeake harmless for any damaqes done within said easements
and rights-of-way as a result of specific maintainance or
improvement activity by Virginia Beach. In any case where it may
be necessary for Virginia Beach to obtain a permit from
Chesapeake for the performance of any activity related to the
operation of the said water and sewer facilities, Chesapeake
agrees to expedite to the greatest extent possible the permit
application process and agrees to apply the same criteria thereto
as if the applicant were the Chesapeake Department of Public
Utilities.
6. Virqinia Beach agrees that, upon installation of
taps and meters, it will sell water to and accept sewer flow from
-3-
25e
the residents of the specified area and that in return for these
services may collect from the residents the normal and standard
virginia Beach sewer and water fees, provided, however, that any
agreement to provide water service is specifically continqent
upon the continued consent of the City of Norfolk, pursuant to
the 1973 Water Purchase Agreement between Norfolk and Virginia
Beach, as amended.
IN WITNESS WHEREOF, Virginia Beach has caused this
Agreement to be signed in its name and on its behalf by Thomas H.
Muehlenbeck, City Manaqer, and its corporate seal to be hereto
affixed and attested by its City Clerk, pursuant to ordinance
adopted by its Council on day of 1983; and
Chesapeake has caused this Agreement to be signed on its behalf
by John T. Maxwell, City Manager, and its corporate seal to be
affixed and attested by its City Clerk, pursuant to ordinance
adopted by its City Council on thg@-day of , 1983;
and Woods Corner has caused this Agreement to be signed in its
name and on its behalf by President, and the
corporate seal to be hereto affixed and attested by its Secretary
on the day of 1983.
CITY OF VIRGINIA BEACH, VIRGINIA
By
city manager
ATTEST:
City Cle k
CITY OF CHESAPEAKE, VIRGINIA
ATTEST:
WOODS CORNER ASSOCIATES
B
-4-
- 25f
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in afid for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for 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
1983.
rqorary iuo.Lic
My Commission Expires:
STATE OF VIRGINIA
CITY OF
a Notary
Public in and for the City and State aforesaid, do hereby certify
tbat City manager, an
@'4'City Clerk, for the CITY OF CHESAPEAKE, whose names ar, such are
signed to the foregoing Agreement, have acknowleclqed the Same
before me in my City and State aforesaid.
GIVEN under my hand this @@V day of
1983.
My Commission Expires:
-5-
25g
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby certify
that
Assis W. -T@ ) 6)@' President, and Otvei
tant
/Secretary, for WOODS CORNER ASSOCIATES, whose names as such are
sicined to ttie foregoing Agreement, have acknowledqed the same
before me in mY City and State aforesaid.
GIVEN under my hand this 71 h day of
1983.
MY COmmission Expires-
RHM/da
48.13
1/4/83
2/4/83
2/15/83
-6-
25h
7
ariestowne Lakei So
Charlestowne Lal,-es Sout
Section II - 9.7+ Ac.;
29 Lots
Virginia Beach
Charlestowne Lakes South
Section III 7.7+ Acres;
25 Lots
'I',ALBO'F EXHIBIT A
& ASSOCIATES, l,td.i Charlestowne L.kes South Locality 1-tap
for
VIOSIMA SE.C., W*4..'A Utility Service Agreement
- 26-
Item 11-G.12 ITEM # 20050
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council APPROVED the following Bingo/Raffle Permits:
Civitan Club of Virginia Beach Bingo
Marching Cavaliers' Parent Association Raffle
Sandbridge Fire Brigade, Inc. Bingo
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. 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:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
- 2 7-
Item II-G.13 ITE4 # 20051
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED the Ordinance authorizing tax refunds ($951.72) upon applica-
tion of certain persons and upon certification of the Treasurer for payment.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creecb, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, ITI, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
RM NO. C.A. 7 -27a-
5/12/83 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 applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem- Da!e Penalty lnt. Total
Year of Tax Number tion No. p aid
Haywood S Silcox 79 pp 83237 1/25/83 25.42
Joseph M Stacey 83 pp 134867-8 5/5/83 12.00
Dorothy Miller 83 Pkng 64906 5/9/83 10.00
Valley Proteins Inc 82 Pkng 86545 10/25/82 12.00
Sheila F Hightower 83 Pkng 61375 3/31/83 10.00
Gwenlyn M Wood 83 Pkng 60481 3/31/83 10.00
Sally T Wool 82 Pkng 71920 10/14/82 6.00
Herbert & Mary Smith 83 RE(1/2) 75692-5 12/1/82 236.78
Jan & Wilhelmina Deboer 80 RE(1/2) 16202-5 12/3/79 15.35
Jan & Wilhelmina Deboer 80 RE(2/2) 16202-5 6/5/80 15.35
Jan & Wilhelmina Deboer 81 RE(1/2) 19116-3 11/28/80 39.05
Jan & Wilhelmina Deboer 81 RE(2/2) 19116-3 6/5/81 39.05
Jan & Wilhelmina Deboer 82 RE(1/2) 19711-1 12/5/81 12.65
Jan & Wilhelmina Deboer 82 RE(2/2) 19711-1 6/5/82 12.65
Billy & Margaret Chaplain 83 RE(1/2) 14206-3 12/2/82 300.00
J J Cooper 82 pp 26630-9 2/9/83 10.86
James A Sylvester 82 pp 152472-7 4/1/83 83.97
Clyde M Farr 78 pp 116649 3/30/83 10.00
Arthur D Prescott 79 pp 109620 4/15/83 30.59
J L & E S Jones 82 pp 147786-8 11/18/82 60.00
MAY 1 8 Iq
. Total 951.72
DEPT. OF LAW
This ordinance shall be effective from date of adoptlon.
The above abatement(s) totaling Cert payment
$951,72 were approved by
the Council of the City of Virginia
Beach on the 6 day of June 198@
Atkinsen, tr-ea@
Appr
Ruth Hodges Smith
City Clerk
torney
- 28-
Item II-G.14 ITEM # 20052
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED the Ordinance authorizing license refunds ($2,854.18) upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, 1II, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, H. Jack Jennings, Jr., and Robert G. Jones
June 6, 1983
-28a-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMISSIONER
OF THE REVENUE
BE -IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHF VIRGINIA:
That the following applicatio,S for license refunds, upon certification
of the COmmissioner of.the Revenue are hereby approved:
NA-ME LICENSE DAT
YEAR PAID BASE PENALTY INT. TOTAL
HOllisfParran S. 1980/81 Audit 42.54
Inn Media Inc 1982 Audit 275.77
Sutherland, Doyle L
G. Mallek 1981/82 Audit 105.40
Maume, Kevin L. 1980/81/82 Audit 60.1)8
BOYette, William Mark 1981 1981 Audit 84.68
Swan, Terry S. 1982 1982 Letter
25.00
Meekins & Associates 1979-82 1979-82 Audit
Van Sumner, Inc. 1992 8/11/92 tetter
74.50
Certified as to Payment:
MAY I
CoTrunissio e
DEPT. OF LAW Approved as to form:
ity Attorney
The above abatement(s) totaling 2,854@18 were approved by the
council of the City of Virginia Beach on the th day of j.,ie
19 83
Ruth Hgages Smith
City Clerk
-29-
Ttem II-H.1
PLANNING ITEM ITEM # 20053
Upon motion by Councilman Kitchin, seconded by Councilman Heischober, City
Council voted to uphold the recommendation of the City Attorney and DEFERRED
for one week the application of Stuart Held for a variance to Section 4.4(b)
of the Subdivision Ordinance.
Appeal from decision of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Stuart Held. Property
located on the northwest corner of Atlantic Avenue
and 18th Street. Plats with more detailed informa-
tion are available in the Department of Planning.
VIRGINIA BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-30-
Item II-H.2 ITEM # 20054
PLANNTNG ITEM
Dominic Garcia, President of Harbour Enterprises, Tnc., represented himself.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE, subject to conditions outlined, the application of
HARBOUR ENTERPRISES, INC. for a conditional use permit for a temporary parking
lot per the following:
ORDTNANCE UPON APPLICATION OF HARBOUR ENTERPRISES, INC.
FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY PARKING LOT R0683543
BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Harbour Enterprise, Inc.
for a Conditional Use Permit for a temporary parking
lot on certain property located on the east side of
Atlantic Avenue beginning at a point 255 feet north
of 20th Street, running a distance of 100 feet along
the east side of Atlantic Avenue, running a distance
of 150 feet along the northern property line, running
a distance of 100 feet along the eastern property
line and running a distance of 150 feet along the
southern property line. Said parcel contains 15,000
square feet. VIRGTNTA BEACH BOROUGR.
The following may be required by the staff:
1. Construction in accordance with the minimum standards outlined
in the policy for temporary parking lots.
2. Access at location determined by City staff.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of June, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-31-
Item II-H.3 ITEM # 20055
PLANNING ITEM
Louise VanPatten represented Blajac Associates, Inc.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the application of BLAJAC ASSOCIATES, INC., T/A
the AQUARIUS MOTEL APARTMENTS for a conditional use permit for bicycle
rentals as follows:
ORDINANCE UPON APPLICATION OF BLAJAC ASSOCIATES, INC.,
T/A THE AQUARIUS MOTEL APARTMENTS FOR A CONDITIONAL
USE PERMIT FOR BICYCLE RENTALS R0683544
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon application of Blajac Associates, Inc.,
t/a The Aquarius Motel Apartments for a Conditional
Use Permit for bicycle rentals on certain property
located on the east side of Atlantic Avenue beginning
at a point 55 feet south of 20th Street, running a
distance of 150 feet along the east side of Atlantic
Avenue, running a distance of 150 feet along the
southern property line, running a distance of 150 feet
along the eastern property line and running a distance
of 150 feet along the northern property line. Said
parcel is located at 1909 Atlantic Avenue and contains
22,500 square feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of June, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
-3 2-
Item 11-H.4
PLANNING ITEM ITEM # 20056
Attorney Grover Wright represented Daniel C. Lake. He presented a petition
bearing 26 signatures (said petition is hereby made a part of the record).
Dianna Close, President of Shadowlawn Heights Civic League, spoke in opposition
to the application. She presented a petition bearing 12 signatures (said
petition is hereby made a part of the record).
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, Council
voted to DENY the application of DANIEL C. LAKE for a conditional use permit
for a duplex as follows:
ORDINANCE LJPON APPLICATION OF DANIEL C. LAKE FOR A
CONDITIONAL USE PERMIT FOR A DUPLEX
ordinance upon application of Daniel C. Lake for a
Conditional Use Permit for a duplex on certain pro-
perty located on the north side of 10th Street be-
ginning at a point 60 feet west of Cypress Avenue,
running a distance of 60 feet along the north side of
10th Street, running a distance of 100 feet along the
western property line, running a distance of 60 feet
along the northern property line and running a dis-
tance of 100 feet along the eastern property line.
Said parcel is located at 705 and 707 10th Street and
contains 6,000 square feet. VIRGINIA BEACH BOROUGH.
Voting: 7-3
Council Members Voting Aye:
Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E.
Oberndorf
Council Members Voting Nay:
Harold Heischober, H. Jack, Jennings, Jr. and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
John A. Baum
June 6, 1983
-33-
Item II-H.5
PLANNING ITEM ITEM # 20057
Sam Houston, Jr., realtor, represented Della Lee Barton, and requested that
the previous application for a "flag lot" be abandoned.
The Planning Commission recommended denial of the application of Della Lee
Barton for a variance to Section 4.4(b) of the Subdivision Ordinance as no
hardship was presented. However, upon administrative REVIEW a revised
schematic was offered; and, upon further review, the Planning Department
approved this schematic thus allowing the applicant's proposal to narrow
the two end lots by one and one-half feet (1.5'). This recommendation of
the Planning Department was further recommended for approval by the City
Manager.
Copy of memorandum of May 20, 1983, with its attachments; namely, an
approved and a proposed subdivision plat, are made a part of the proceedings.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council voted to APPROVE, subject to the City Manager's letter dated
June 6, 1983, the application of DELLA LEE BARTON for a variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Della Lee Barton. Property
located on the south side of Old Virginia Beach Road,
75 feet east of Realty Avenue. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
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.,
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
-34-
Item II-H.6
PLANNING ITEM ITEM # 20058
Senator A. Joseph Canada represented the applicant, Mary I. Ramus.
Vice Mayor Henley stated her recommendation this item be referred back to
the Planning Commission to be heard July 12, 1983, for determination as
to the appropriate zoning category. This would also allow the report of
the Task Force studying the Comunity Development Target Areas to be
completed.
Upon motion by Vice Mayor Henley, seconded by Councilman Jones, City Council
voted to REFER this application back to the Planning Commission for their
regular meeting July 12, 1983, and thereafter expedite same to the August 1,
1983 meeting of City Council for disposition of the application of MARY I.
RAMUS for a change of zoning from B-2 Community-Business District to B-4
Resort Commercial District;
AND,
a conditional use permit to operate a home for adults.
ORDINANCE UPON APPLICATION OF MARY 1. RAMUS FOR A CHANGE
OF ZONING FROM B-2 TO B-4
Ordinance upon application of Mary I. Ramus for a
Change of Zoning District Classification from B-2
Community-Business District to B-4 Resort Commercial
District on certain property located on the south side
of Bayside Road beginning at a point 390 feet more or
less east of Ellis Avenue, running a distance of 85.12
feet along the south side of Bayside Road, running a
distance of 132 feet in a southeasterly direction,
running a distance of 84.42 feet along the northwest
side of Shell Road and running a distance of 171.40
feet in a northwesterly direction. Said parcel con-
tains 13,288 square feet. BAYSIDE BOROUGH.
AND
ORDINANCE UPON APPLICATION OF MARY I. RAMUS FOR A
CONDITIONAL USE PERMIT TO OPERATE A HOME FOR ADULTS
Ordinance upon application of Mary 1. Ramus for a
Conditional Use Permit to operate a home for adults
on certain property located on the south side of Bay-
side Road beginning at a point 390 feet more or less
east of Ellis Avenue, running a distance of 85.12
feet along the south side of Bayside Road, running a
distance of 132 feet in a southeasterly direction,
running a distance of 84.42 feet along the northwest
side of Shell Road and running a distance of 171.40
feet in a northwesterly direction. Said parcel con-
tains 13,288 square feet. BAYSIDE BOROUGH.
(This item was moved forward on the Planning Agenda.)
-35-
Item II-H.6 (continued)
PLANNING ITEM
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and H. Jack Jennings, Jr.
June 6, 1983
- 35a
FORM No. P.S. I
cDf -vi:v CITY or
19i:miek
INTER-OFFTCE CORRESPONDENCE
DATE: 5/20/83
TO: Thomas H. Muehlenbeck VEPARTMENT: Executive
FROM: Robert J. Sci DEPARTMEt4T: Planning
SUBJECT: Preliminary Subdivision Plat-Dell,, Le, Barton
Attached please find a copy of the approved preliminary subdivision plat
for Della Lee Barton as well as a copy of a subdivision plat proposed and
submitted by Mr. Sam Houston, Jr., on Mrs. Barton's behalf. Mr. Houston
is asking the City Council for a subdivisi,n variance to allow his two end
townhouse units to be platted 28.50 feet wide instead of the 30 feet wide
as required by the zoning ordinance. I believe the City Council Wished to
see a copy of this plat before acting on Mr. Houston's request. Mr. Houston
has submitted multiple copies of these plats and I am sending them along.
RJS/vz
Attachments
35b
,D
ZL
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-36-
Item II-H.7
PLANNING ITEM ITEM # 20059
Bruce B. Mills, Attorney, represented the applicants, William R. Collier and
Danny L. Collier.
A letter dated June 2, 1983, addressed to the Mayor and members of City Council
from Carl W. Isbrandtsen, Attorney, respectfully requested this application be
deferred for a period of sixty (60) days.
The following spoke in opposition to tbe application:
Maurice Mantel registered opposition by telephone.
Joyce Barry, resident, distributed photographs to Council (made a part of the
records).
Maurice Mike Connor presented a petition and a map proposal for townhouses
(hereby made a part of the records).
Malcolm Higgins spoke about the effects on Egret birds and brought some eggs
of the Egret with him for Council's viewing.
Attorney Louis Searleman, resident, passed around to Council members a brocbure-
George Sinkez, resident on Thoroughgood Drive, spoke in opposition.
John E. Cousins, resident on Hermitage Road, spoke in opposition.
Eunice Owens stated she was one of the original owners in the Thoroughgood area.
Upon motion by Councilman Heischober, seconded by Councilman Jennings, City
Council voted to DENY the application of WILLIAM R. COLLIER and DANNY L.
COLLIER for a cbange of zoning from B-1 to A-1 per the following:
ORDINANCE UPON APPLICATION OF WILLIAM R. COLLIER AND
DANNY L. COLLIER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 BUSINESS-RESIDENTTAL DISTRICT
TO A-1 APARTMENT DISTRTCT
Ordinance upon application of William R. Collier and
Danny L. Collier for a Change of Zoning District
Classification from B-17Business-Residential District
to A-1 Apartment District on certain property located
on the south side of Hermitage Road beginning at a
point 250 feet more or less east of Pleasure House Road,
running a distance of 400 feet more or less along the
south side of Hermitage Road, running a distance of
265.17 feet along the eastern property line, running a
distance of 527.75 feet along the southern property
line and running a distance of 289.95 feet along the
western property line. Said parcel contains 2.7 acres.
BAYSIDE BOROUGH.
June 6, 1983
-3 7-
Item II-H.7 (continued)
PLANNING ITE14
Voting: 10-0
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, 1II, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
June 3, 1983
-38-
Item II-H.8
PLANNING ITEM ITEM # 20060
Gordon Oliver and Stuart Oliver spoke in favor of the applications.
Lee R. Gifford, developer, spoke in favor of the applications.
Opposing the applications were the following:
Attorney Grover C. Wright represented Lake Smith, Haygood Point and
Governor's Square Civic Leagues. He presented a petition bearing 824
signatures (said petition is hereby made a part of the records).
Lieutenant Colonel Frank Blair relinquished his time to Grover C. Wright.
K. B. Kinney is a resident north of the subject property.
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council voted to DENY the applications of C. GORDON OLIVER for a
change of zoning from R-6 to A-2;
AND,
a change of zoning from B-2 to A-2.
ORDINANCE UPON APPLICATION OF C. GORDON OLIVER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 TO A-2
Ordinance upon application of C. Gordon Oliver for a
Change of Zoning District Classification from R-6
Residential District to A-2 Apartment District on
certain property located 360 feet north of the north-
west intersection of Haygood Road and Aragona Boule-
vard, running a distance of 752.1 feet along the
eastern property line, running a distance of 507.04
feet along the northern property line, running a
distance of 961.91 feet along the western property
line and running a distance of 410 feet along the
southern property line. Said parcel contains 8.19
acres. BAYSIDE BOROUGH.
ORDINANCE UPON APPLICATION OF C. GORDON OLIVER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO
A-2
Ordinance upon application of C. Gordon Oliver for a
Change of Zoning District Classification from B-2
Community-Business District to A-2 Apartment District
on certain property located 200 feet north of the north-
west intersection of Haygood Road and Aragona Boule-
vard, running a distance of 165 feet along the eastern
property line, running a distance of 160 feet along the
northern property line, running a distance of 165 feet
along the western property line and running a distance
of 160 feet along the southern property line. Said
parcel contains 26,400 square feet. BAYSIDE BOROUGH.
June 6, 1983
-3 9-
Item II-H.8 (continued)
PLANNING ITEM
Voting: 10-0
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.,
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
June 3, 1983
-40-
item II-H.8 (continued)
PLANNING ITEM
Gordon Oliver and Stuart Oliver spoke in favor of the application.
Lee R. Gifford, developer, spoke in favor of the application.
Opposing the application were the following:
Attorney Grover C. Wright represented Lake Smith, Haygood Point and
Governor's Square Civic Leagues. He presented a petition bearing 824
signatures (said petition is hereby made a part of the records).
Lieutenant Colonel Frank Blair relinquished his time to Grover C. Wright.
K. B. Kinney is a resident north of the subject property.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council voted to APPROVE, subject to conditions outlined in the City Manager's
letter of June 6, 1983, the application of C. GORDON OLTVER for a change of
zoning from R-6 to B-2 per the following:
ORDTNANCE UPON APPLICATION OF C. GORDON OLIVER FOR A
CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM R-6 to B-2
Ordinance upon application of C. Gordon Oliver for a
Change of Zoning District Classification from R-6
Residential District to B-2 Community-Business District
on certain property located on the north side of
Haygood Road beginning at a point 160 feet west of
Aragona Boulevard, running a distance of 250 feet along
the north side of Haygood Road, running a distance of
199.86 feet along the western property line, running
a distance of 250 feet along the northern property line
and running a distance of 200 feet along the eastern
property line. Said parcel contains 1.14 acres.
BAYSIDE BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Adequate access to the site by public roadway constructed
in accordance with City standards.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of June, Nineteen Hundred, Eighty-Three.
June 6, 1983
-41-
Item II-H.8 (continued)
PLANNING ITEM
Voting: 6-4
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, III,
and Meyera Oberndorf
Council Members Absent:
John A. Baum
June 6, 1983
-42a-
AN ORDINANCE TO ADD A SECTION 2-231
TO THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE OPERATION OF
SATELLITE OFFICES BY THE CITY TREASURER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-231 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows;
Section 2-231. Satellite Offices.
The city treasurer shall operate satellite offices in
locations other than the municipal complex as desiqnated by citv
council for the Purpose of providing services for the convenience
of citizens.
Charter reference - Authority of City Council to assign
duties to treasurer not inconsistent with state law S8.03.
This ordinance shall be effective on and upon the date
of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 6th day of June 1983.
MES/re
5/13/83
(D)
APPROVED A5 To COt4Ti@"ll
l@q FC;
-43-
Item II-J.1
UNFINISHED BUSINESS ITEM # 20062
G. C. Silva spoke in opposition to the application.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to DENY the waiver of the fence requirement of THE BREEDEN
COMPANY, INC.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Reba S. McClanan,
J. Henry McCoy, Jr., D.DS., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones, W. H. Kitchin, III
June 6, 1983
-44-
Item II-K.1
NEW BUSINESS ITEM # 20063
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council voted to EXPEDITE action on the following items:
1. Ordinance regarding A-1 zoning from the Planning
Commission July 12, 1983 to tbe City Council August 1,
1983.
2. Public Hearing regarding Water Oaks from the Planning
Commission July 12, 1983 to City Council August 1,
1983.
3. Conditional Use Permit upon application of Shirley J.
Smitb from the Planning Commission July 12, 1983 to
City Council August 1, 1983.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Reba S. McClanan,
J. Henry McCoy, Jr., D.DS., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones, W. H. Kitchin, III
June 6, 1983
-45-
Item II-K
NEW BUSINESS
ADD-ON ITEM #20064
Upon motion by Councilwoman McClanan, seconded by Councilman Jennings, City
Council voted to DEFER the application of NIMMO CORNER CORPORATION for a
Change of Zoning from R-3 to R-5 from June 27, 1983 to July 5, 1983.
Voting: 6-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Meyera E. Oberndorf
Council Members Absent:
John A. Baum, Robert G. Jones, W. H. Kitchin, III
June 6, 1983
Item II-L
ADJOURNMENT ITLM 20065
By consensus, City Cot@iicil @idjourned at Six S(,veii iii the cve,iiiig.
/Ruth Hod@es SmiLh, CMC milv(@ s
City Clerk
City of Virginia Beacli,
Virginia
June 6, 1983
/jk