HomeMy WebLinkAboutDECEMBER 13, 1982 MINUTES
Cit@c>f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
Al,i YOR LOUIS R. 10@NES, R.y,id@ B.,..Rb
VICE-,IIAYOR BAR13ARA Al. HENIEY, P@@g. B.,.@,gh
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ROBERT G. ]ONES. A, L.,g@
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REBA S. 1/21,CLANAN. P,i@,@@, A@@@ B.,..gb 212 CITY HALL BU[LDING
J. HENRY VI,COY, IR.. K@.p,,@ill@ B.,.,,gb
MEYERA E. 013ERNDORF, At L.,g@ MUNIC(PAL CEVTER
VIRGINIA BEACH, VIRGINIA 23456
Rt/Tli IIODGES SMITH. C,@IC, Cily Cll,k (804) 427-4 30 3
CITY COUNCIL AGENDA
December 13, 1982
ITF-M I INFORMAL SESSION; 1.1;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 ITEMS:
1. Beautification of Atlantic Avenue: Briefing by Edward
G. Carson and Associates.
2. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 P.M.
A. INVOCATION: Reverend John W. Haynes
Ashbury United Methodist 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 December 6, 1982
City Council Meeting, and Special Meeting of General Assembly
Legislators representing the City of Virginia Reach on
December 8, 1982.
E. RESOLUTION
1. Resolution accepting bids on $7.5 Million General Obligation
Water and Sewer Bond Serieg of 1982. (Resolution being
prepared, will be available Monday.)
F. 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
spearate discussion of these items. If discussion it desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution approving the location and major design features
of the Kempsville Road, Phase II, Project as presented at
the Public Hearing on September 29, 1982, including the
additions requested by St. Mark's Catholic Church, and
requesting the Virginia Department of Highways and Trans-
portation (VDHT) to proceed with the advertisement for
construction bids for this project.
2. Ordinance, on SECOND READING, to accept and appropriate a
grant from the Federal Emergency Management Agency totaling
$9,810 and transfer local funds of $15,790 for the purpose
of establishing a Mobile Emergency Communications Center.
3. Resolution authorizing the City Manager to cause such in-
formation or materials as may be necessary to be provided
to the appropriate state agencies (the Virginia Commission
of Game and Inland Fisheries and the Commission of Outdoor
Recreation) to permit the formulation, approval and funding
of the Owls Creek Boat Ramp project at an estimated cost
of $110,000.
4. Resolution authorizing certain changes in Compensation or
allowances for City Council Appointees.
5. Ordinance appointing viewers in the petition of William V.
Dowding, Dorothy P. Dowding, and William H. Thumel, Jr.
for the closure of a 15-foot lane between 74th and 75th
Street (Lynnhaven Borough).
6. Financing proposal received from Xerox for lease/purchase of
Xerox 2080 currently being rented by the Print Shop. They
offer a sixty-month purchase plan at 8% annual interest
resulting in an estimated savings of $54,129. Authorize
the City Manager to enter into the necessary agreements
for the lease/purchase of this equipment.
ITEM II G. PLANNING ITEMS
1. Application of Clyde L. Collier for a Change of Zonin& from
A-2 Apartment District to A-3 Apartment District on a 3.015-
acre parcel located along the north side of North Greenwell
Road, west of Northampton Boulevard (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Hunt Contracting Company, Inc. for a Change
of Zoning from R-5 ResidenFial District to P-1 Preservation-
District on property loc ted on the north s-Ede of Parliament
Drive, west of Yoder Lane (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Holiday Lake Company, a General Partnership,
for a Change of Zoning from R-8 Residential District to
B-2 Community-Business District on a 1.496-acre parcel and
for a Change 6f Zoninf. from R-8 Residential District to
0-1 Office District on a 1.01-acre parcel. This site is
located along the east side of General Booth Boulevard,
south of South Birdneck Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of R. Wayne and Ruth Anne Rusbuldt for a Con-
ditional Use Permit for a communications tower on a 4.47-
acre parcel focated along the west side of Rusbuldt Lane,
southwest of Salem Road (Princess Anne Borough). This matter
was deferred for four weeks on November 15, 1982 City Council
Meeting.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of J. C. Witcher, Jr. for a Conditional Use Permit
for two duplexes on a 9,979-square foot (.229-acr ) undeveloped
parcel located along the south side of 12th Street, east of
Rudee Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Couunission
for approval.
6. Application of Virginia Beach United Methodist Church for a
Conditional Use Permit for an addition to a church on a 1.446-
acre parcel located at the northeast corner of 18th Street and
Pacific Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Kimmel Automotive, Inc., t/a
for a Conditional Use Permit for mounting and balancing tires
on a 30,000-square foot (.688-acre) parcel located along the
north side of Shore Drive, west of Pleasure House Road (Bayside
Borough).
a. Letter from the City Manager transmits the
recomendation of the Planning Commission
for approval.
ITEM II G. PLANNING ITEMS (Cont'd)
8. Application of Ferrell Farm Development Corporation, or
Assigns, for a Conditional Use Permit for a 150-room
motel on a 3.476-acre parcel located along the east
side of Bonney Road, southeast of the Bonney Road/In-
dependence Boulevard intersecti6n%. (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Putt-Putt Golf and Games for aConditional
Use Permit for a minature golf course on a two-acre
parcel located along the south side of Lynnhaven Parkway,
east of South Lynnhaven Road (Princess Anne Borough).
a. Letter from tbe City Manager transmits the
recommendation of the Planning Commission
that Council allow withdrawal of this request.
10. Application of William N. Thompson for a Conditional Use
Permit for an automobile repair establis@ment on a 32,187.4-
square foot (.738-acre) parcel located along the north side
of Holland Road, east of Garfield Avenue (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recomm6ndation of the Planning Commission
for approval.
11. Application of James E. Moore, Sr. for a variance t6 Section
4.4 (b) of the Subdivision ordinance. He wishes to sub-
divide a 7.84-acre undeveloped parcel located at the western
extremity of the intersection of River Road and River Court
into six parcels, two of which (Lots 2 and 5) will be a
"flag lot" configuration. (LYNNHAVEN BOROUGH)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of Richard W. Galliford for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot di-
mensions to conform to the Comprehensive Zoning Ordinance.
He wishes to subdivide a 2.32-acre parcel into two lots, one
of which will be in a "flag lot" configuration. The site is
located at 836 South Spigel Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recoimnendation of the Planning Commission
for denial.
H. UNFINISHED BUSINESS
1. Request of Leonard L. Hodges for removal of a condition
on a Variance to Sections 4.4(b) and (d) of the Subdivision
Ordinance for a parcel located at the terminus of Glen Arden
Road (Kempsville Borough) approved February 8, 1982. Ihis
request was deferred for one week from the December 6, 1982
Council Meeting.
2. Appeal of encroachment denial for Creative Displays, Inc.
to erect and maintain two billboards on Independence
Boulevard near Norfolk and Southern Railroad. (This item
was deferred on November 1, 1982 for 30 days, and for an
additional week on December 6, 1982.
ITEM II I NEW BUSINESS
1. Presentation by Mr. Bruce Mills, Chairman of the
Electoral Board, and Mr. Shelby Thomas, of Computer
Election Systems, regarding the use of electronic
voting machines citywide.
J. ADJOURNMENT
1. Motion to Adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 December 1982
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, 13 December
1982 at Eleven-Thirty in the morning.
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.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones**
*PRESENTATION ON BEAUTIFICATION OF ATLANTIC AVENUE WAS HELD
IN COUNCIL CHAMBERS
**COUNCILMAN JONES ATTENDED THE JLARC MEETING IN RICHMOND
- 2 -
ITEM #19190
Mayor Jones entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant
to the exemptions from opening meetings allowed by Section 2.1-344
Code of Virginia, as amended, for the following purposes:
1. PERSONNL 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
r@iefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, 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:
Robert G. Jones
- 3-
B E A U T I F I C A T I 0 N 0 F A T L A N T I C A V E N U E
ITEM #19191
The City Manager asked C. Oral Lambert, Director of Public
Works, to make a presentation to Council concerning the
Architectural Firm of Edward G. Carson and Associates.
Mr. Lambert advised that the Edward G. Carson and Associates,
Inc., was commissioned to develop a conceptual design for
beautification of Atlantic Avenue. Mr. Lambert introduced
Mr. Edward Garson who presented Council the concept and
designs on the beautification of Atlantic Avenue from Rudee
Inlet to 40th Street.
Mr. Carson introduced Mr. Carlton Abbott, Abbott Associates,
Architects and Planners, who worked with Edward G. Carson
and Associates in developing this plan.
Mr. Abbott presented Council a slide presentation on existing
conditions along Atlantic Avenue and developments along the East
Coast.
PHASE ONE:
Improve the pedestrian environment, all utilities
should be moved underground. Atlantic Avenue
should be reduced to tbree traffic lanes and one
bike lane. The widened sidewalks will allow
spreading trees to be planted. Trolley and taxi
standing pullovers can be cut into the sidewalks
to give the pedestrian safe access to public
transit. Signage, illumination and landscape
Ordinances should be revised to establish
viable guidelines for property improvement.
PHASE TWO:
Reappraisal of the trolley system. The route,
capacity and connection to satellite parking
facilities should be studied. Atlantic Avenue
will need a focal point. Virginia Beach should
undertake the development of an "Ocean Center".
"Ocean Center" will further improve the
commerce and property values along Atlantic Avenue
and encourage private property owners to repair
and upgrade their real estate.
PHASE THREE:
A new multi-level ocean pier could be developed
as an extension of Ocean Center. Open and en-
closed walkways lined with shops; restaurants
and public amenities, would give the oceanfront
a dynamic new facility and would establish
Virginia Beach as a resort and commercial center
that could be enjoyed year-round.
- 4 -
An Oceanfront Development Authority of City Staff members should
be established for the sole purpose of coordinating the planning
and development of the resort vicinity. A "Review Committee"
should be formed as an "arm of this Development Autbority"
comprised of:
Representatives of the design professions and
private interest groups.
Residents whose roles would be to critique plans
and specifications for compliance with new illum-
ination, signage and landscape Ordinances.
SHORT TERM - STAGE ONE
Can be done block by block
Place all utilities underground
Widen sidewalks/reduce traffic lanes
Plant trees, landscaping, etc.
Install street furniture
Provide trolley and taxi standing
pullovers
LONG TERM - STAGE TWO
increase trolley capacity
Develop public transit link with
satellite parking
Develop Ocean Center as focus for linear
development
Develop a multi-level ocean pier
The total cost for the conceptual design is $26,444,754. Cost for
Atlantic Avenue ONLY, $19,910,218.
It was the consensus of Council that the City Manager and staff
present these plans to the citizens of Virginia Beach for their
awareness and imput.
The remainder of the INFORMAL SESSION was held in the Conference
Room.
- 5 -
M A T T E R S B Y T H E M A Y 0 R
OFFICIAL FUNCTIONS ITEM #19192
The following Members of City Council represented the City at
official functions during the month of November:
11/05 Councilman Harold Heischober represented
the Mayor at the Drunk Driving Forum in
Richmond.
11/10 Councilwoman Meyera E. Oberndorf re-
resented the Mayor at the 207th
Anniversary Ball of the United States
Marine Corps held in Norfolk.
11/15 Council Members John A. Baum, 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.D.S., and Meyera E.
Oberndorf attended the ground-breaking
ceremony for Phase II of Tidewater Community
College.
11/16 Councilwoman Meyera E. Oberndorf and
Councilman Robert G. Jones attended
Councilwoman Reba S. McClanan's Town
Hall Meeting in Green Run.
Councilwoman Meyera E. Oberndorf and
Vice Mayor Barbara M. Henley toured
the HRSD Atlantic Treatment Plant.
11/17 Council Members H. Jack Jennings, Robert
C. Jones and Meyera E. Oberndorf attended
the Virginia Municipal League Legislative
Meeting held in Norfolk.
11/18 Councilwoman Reba S. McClanan represented
the Mayor at a luncheon in recognition of
National Alzheimer's Disease Week.
Councilmen Harold Heischober, H. Jack
Jennings, Jr., and Robert G. Jones
attended the 7th Annual Tidewater Mayor's
Prayer Breakfast in Norfolk.
11/18-11/19 - Vice Mayor Barbara M. Henley and Councilwoman
Meyera E. Oberndorf attended the Virginia
Highway and Transportation Conference in
Lexington, Virginia.
11/20 - Vice Mayor Barbara M. Henley attended a
meeting with officials of the Division of
State Parks at False Cape State Park.
11/23 - Councilman Robert G. Jones represented
the Mayor at the "Topping Off" Ceremony
for the Pavilion Tower.
11/20 - Vice Mayor Barbara M. Henley represented
the Mayor and provided welcoming remarks
at Brandon Junior High School during the
visitation phase of accreditation by the
Southern Association of Colleges and
Schools.
- 6 -
M A T T E R S B Y T H E C 0 U N C I L
JOHN T. MAMOUDIS ITEM #19193
Councilman Kitchin advised that on October 18, 1982, City Council
approved the application of John T. Mamoudis for a change of
zoning from R-7 Residential District to B-4 Resort-Commercial
District, in the Virginia Beach Borough.
Due to site plan problems, the applicant is requesting:
The five-foot dedication be included in the
original requirements
Waive condition number seven (7) "No decks
or structures over lake".
This matter will be brought up in the FORMAL SESSION under NEW
BUSINESS.
SPRINKLER SYSTEM ITEM #19194
Councilwoman Oberndorf requested information from the Fire Chief,
Harry Diezel, as to wby some applicants in zoning changes must
provide sprinkler systems and others do not?
The Fire Chief advised Council that the sprinkler systems are
required in areas where their "response time" is longer.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
REVIEW OF CONSENT AGENDA ITEM #19195
Vice Mayor Henley asked on Item II-F.3, the Resolution authorizing
the City Manager to cause such information or materials as may be
necessary to be provided to the appropriate State Agencies (the
Virginia Commission of Game and inland Fisheries and the Commission
of Outdoor Recreation) to permit the formulation, approval and
funding of the Owls Creek Boat Ramp Project at an estimated cost
of $110,000, if it were the type of funding whereby City Council
could not charge for the use of the boat ramps?
The City Manager advised he will provide the answer to Council's
question in the FORMAL SESSION.
- 7 -
Councilman McCoy advised he will discuss in EXECUTIVE SESSION Item
11-F.4 the Resolution authorizing certain changes in Compensation
or Allowances for City Council Appointees.
Councilman Kitchin advised on Item II-F.2, Second Reading of the
Ordinance to accept and appropriate a Grant for Federal Emergency
Management Agency totaling $9,810 and transfer local funds of
$15,790 for the purpose of establishing a Mobile Emergency
Communications Center, that the vehicle had been purchased
previously. The funds are for the establishment of the Center.
City Council recessed for lunch, (12:56 p.m.)
City Council recessed into EXECUTIVE SESSION, (1:30 p.m.)
- 8-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 December 1982
2:35 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend John W. Haynes
Asbury United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
M I N U T E S
ITEM II-D.1 ITEM #19196
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to APPROVE the Minutes of the Regular Meeting
of December 6, 1982, and the Minutes of the Joint Special Meeting
of the General Assembly Legislators representing the City of
Virginia Beach on December 8, 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-10-
R E S 0 L U T I 0 N
TTEM II-E.1 ITEM #19197
Robert Reil, President of Wainwright and Ramsey, spoke concerning
this matter.
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
City Manager and ADOPT the Resolution accepting bids on
$7.5-Million General Obligation Water and Sewer Bonds Series
of 1-982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-11-
RESOLUTION RATIFYING AND APPROVING
ACCEPTANCE BY CITY MANAGER OF BID FOR
$7,500,000 GENERAL OBLIGATION WATER
AND SEWER BONDS, SERIES OF 1982
WHERF,AS, the Council of tbe City of Virginia Beach
offered on November 16, 1982 at competitive sale $7,500,000
General Obligation Water and Sewer Bonds, Series of 1982, and
WHEREAS, the only bid received was for an effective net
interest cost (NIC) of 9.910,V/., and
WHEREAS, City Council rejected this bid and authorized
the City Manager to proceed to market the issue tbrough
negotiation, and
WHEREAS, the City Manager has now completed negotiations
and accepted a bid on December 9, 1982 from the managing
undexwxiters, The First Wisconsin National Bank and Investment
Corporation of Virginia, for an NIC of 9.5965@/..
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF Tim CITY
OF VIRGINIA BEACH that the acceptance by the City Manager of
the bid of The First Wisconsin National Barik and Investment
Corporation of Virginia for the sale of $7,500,000 General
Obligation Water and Sewer Bonds, Series of 1982 as follow
is hereby ratified and approved:
Year of Amount Interest
Maturity of Bonds Rate
1984 $ 100,000 10.00%
1985 100,000 10.00
1986 100,000 10.00
1987 100,000 10.00
1988 100,000 10.00
1989 200,000 10.00
1990 300,000 10.00
1991 300,000 -9.60
8.30
1992 400,000
1993 400,000 8.60
1994 400,000 9.00
1995 500,000 9.20
1996 500,000 9.40
1997 500,000 9.50
1998 500,000 9.60
1999 500,000 9.70
2000 500,000 9.75
2001 500,000 9.90
2002 500,000 9.90
2003 500,000 9.90
2004 500,000 9.90
Total $7 500 000
Average Net Interest Cost (NIC) 9.5965r/.
Adopted by the Council of the City of Virginia Beach on
Thirteenth day of Deceirber , 1982.
- 1 2 -
A P P 0 1 N T M E N T S
ITEM #19198
This matter was added to the Agenda
Councilman McCoy nominated the following to the SCHOOL BOARD for
terms of three (3) years each, beginning January 1, 1983 and
ending December 31, 1985.
Susan B. Flanagan - Pungo Borough
Burton G. Campbell - Kempsville Borough
A. Andrew Ege, Jr. - At Large
Roy A. Woods - At Large
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to CLOSE THE NOMINATIONS on
appointments to the SCHOOL BOARD.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 3-
The recorded vote on the nominees for the SCHOOL BOARD is as
follows:
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 1 4 -
ITEM #19199
Councilman Kitchin nominated the following to the PLANNING COMMISSION
for a term of four (4) years each, beginning January 1, 1983 and
ending December 31, 1986:
Hassel E. Perrel - Bayside Borougb
Kenneth D. Barefoot - Bayside Borough
Steven S. Atkinson - Pungo Borough
Nancy K. Parker - Virginia Beach Borough
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to CLOSE THE NOMINATIONS on appointments to the
PLANNING COMMISSION.
Voting: I 1 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, B. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 5 -
The recorded vote on the nominees for the PLANNING COMMISSION is
as follows:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 6 -
ITEM #19200
Mayor Jones advised Council of a note received from Mrs. Roberta
Grater who wished to speak before Council concerning School
Board busing.
Councilwoman Oberndorf advised "in view of the fact there is
much confusion concerning the responsibilities of the City
Council to the Scbool Board" she would sponsor Mrs. Grater
under NEW BUSINESS.
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19201
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
City Manager and ADOPT the CONSENT AGENDA by ONE MOTION with
the exception of II-F.1 which will be considered separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones*, Robert G. Jones, W. H.
Kitchin, ITT, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-MAYOR JONES VOICED A VERBAL "AYE"
- 1 7 -
ITEM 11-F.2 ITEM #19202
Upon motion by Councilman Heischober, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT ON SECOND READING the Ordinance to accept
and appropriate a Grant from the Federal Emergency Management
Agency totaling $9,810 and transfer local funds of $15,790 for
the purpose of establishitig a Mobile Emergency Communications
Center.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones,* Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
-18 -
Requested by: Office of Emergency Services
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GRANT FROM THE FEDERAL E@RGENCY
MANAGEMENT AGENCY TOTALING $9,810 AND
TRANSFER LOCAL FUNDS OF $15,790 FOR
THE PURPOSE OF ESTABLISHING A MOBILE
ENERGENCY COMMUNICATIONS CENTER
WHEREAS, a Mobile Emergency Communications Center will
provide city officials with an effective tool to monitor and
control resources engaged in major emergency or disaster
operations, and
WHEREAS, the City Garage has obtained a vehicle previously
used in the school system that can be renovated and equipped
to serve as the Mobile Emergency Communications Center At a
total cost of $25,600, and
WIEREAS, the Federal Emergency Management Agency (F@)
has agreed to provide $9,810 in matching funds to assist in
the modificatiorxs necessary to place the vehicle in service, and
WHEREAS, additional local funding of $15,790 is needed to
complete modifications including the purchase and installation
of radios and associated equipment, and
WHEREAS, the Police and Fire departments have agreed to
provide $5,000 each from available funds in their FY 83
operating budgets for the renovation and equipping of the
vehicle, and the remaining balance needed of $5,790 is
available by transfer from the General Fund Reserve for
Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF TEE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant from FEMA and funds of $9,810 are hereby
appropriated to the Office of Emergency Services for a Mobile
Emergency Communications Center.
BE IT FURTHER ORDAINED that the appropriation be financed
by $9,810 estimated revenue from the Federal Goverrunent.
APpp,OVI,D AS TO C014TEPIT
,@.IA@@ll
D,IAI, t.@VT
A IAZ_
C, , "T
BE IT FURTHER ORDAINED that the additional funding of
$15,790 needed to place the vehicle in service be transferred
to the Office of Emergency Services from available funds as
follows:
Police Department $ 5,000
Fire Department 5,000
General Fund Reserve for Contingencies 5,790
Total Transfer $15@790
This ordinance shall be effective from the date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Thirteenth f December
Virginia on day 0 1982.
FIRST READING: December 6, 1982
SECOND READING: December 13, 1982
APPr@OVED AS TO CONT@@NT
SIGNATUP,E
DEPARTM'INT
Al 0 10 I
- 2 0 -
ITEM II-F.3 ITEM #19203
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution authorizing the City Manager
to cause such information or materials as may be necessary to
be provided to the appropriate State Agencies (the Virginia
Commission of Game and Inland Fisheries and the Commission of
Outdoor Recreation) to permit the formulation, approval and
funding of the Owls Creek Boat Ramp Project at an estimated
cost of $110,000.**
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones,- Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
**The City Manager advised Council if the funds are utilized the
City will not be able to charge a fee for use of the boat
ramps.
2 1 -
Requested by: Assistant to the City Manager
For Intergovernmental Relations
R E S 0 L U T I 0 N
WHEREAS, the Virginia Commission of Game and
Inland Fisheries and the Commission,@of Outdoor Recreation
provide funding assistance to develop recreational facilities
including boat ramps; and
WHEREAS, the City of Virginia Beach desires to
request such funding assistance for the rehabilitation/expansion
of the Owls Creek Boat Ramp; and
WHEREAS, the development of the subject boat ra.,np
facility is anticipated to cost an estimated $110,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH-.
THAT the City Manager is hereby authorized and
directed to cause such information or materials as may be
necessary to be provided to the appropriate state agencies
to permit the fo--Mulation, approval and funding of this
boat rwnp project. -
ADOPTED: December 13, 1982
APP,IOVED AS TO CO,'4TL?..'T
EY
- 2 2 -
ITEM II-F.4 ITEM #19204
Upon motion by Councilman Heischober, seconded by Councilman McCoy,
City Council voted to ADOPT the Resolution authorizing certain
changes in Compensation or allowances for City Council Appointees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones,* Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
2 3 -
A RESOLUTION AUTHORIZING CERTAIN
C@'GES 1N COMPENSATION OR
ALLOWANCES FOR CITY COUNCIL
APPOINTEES
WHEREAS, City Council periodically reviews tbe performance
of its direct appointees, and
WHEREAS, City Council has indicaled its desire to make
certain clianges in Council appointees' compensation or
allowances.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the following-changes in compensation or
allowances for Council appointees are hereby approved:
1. M er - Increase automobile
allowance to $3,600 per annum
effective January 1, 1983. Review
salary in 1983 prior to the
anniversary date of employment.
2. ity Assessor - Increase salary 5%
effective January 1, 1983.
3. Hi@ Constable - Increase salary
2 1/2% effective January 1, 1983
and an additional 2 1/2% effective
July 1, 1983.
4. @it oriie - Increase salary
2 1/2 % ef-fective January 1, 1983
and an additional 2 1/2% effecitve
July 1, 1983.
5. City Clerk - Increase salary 2 1/2%
effective January 1, 1983 and an
additional 2 1/2% effective
July 1, 1983.
Adopted: December 13, 1982
- 2 4 -
ITEM 11-F.5 ITEM #19205
Upon motion by Councilman Heischober, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance appointing Viewers in the petition
of William V. Dowding, Dorothy P. Dowding and William H. Thumel,
Jr., for the closure of a 15-foot lane between 74th and 75th
Street, in the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones,* Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
2 5 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, William V. Dowding, Dorothy P. bowding and William
H. Thumql, Jr., have given.due and proper notice, in accordance
lwith the statutes for such cases made and provided, that they
will on the day of a@ply to the City
Council of the City of Virginia Beach, Virginia, for the appoint-
ment of Viewers to view the below-described property and report
in writing to the Council, whether, in the opinion of said
iviewers, any, and if any, what'inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain stre6t, and have filed such application with said
;Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
:5of Virginia Beach, Virginia:
Robert J. Scott
THAT
C. Oral Lambert
and
David M. Grochmal are hereby
:appointed to view the below described property and report in
@writing to the Council, as soon as possible, whether in their'
opinion, any, and if any, what inconvenience would result in
.@the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
15 foot lane beginning at a point on the North side of 74th
Street, formerly 112th Street,at the Southwest corner of
Lot 1 as shown on the plat of Shore Realty Corp. recorded
in the Clerk's Office of the Circuit Court of Virginia Beach
in Map Book 7, at page 124, thence running @ortherly along
the rear lot lines of Lots 1-7 a distance of 180 feet to
the Northwest corner of Lot 7, thence across said 15 foot
lane to the Northeast corner of Lot 47,thence along the
Eastern lot line of Lot 47 a distance of 85 feet to the
Southeast corner of Lot 25, thence to the Northeast corner
of Lot 78,a distance of 10 feet, thence along the Eastern
line of Lot 78 a distance of 85 feet to the Southeast corner
of Lot 78, thence 15 feet to the point of beginning.
All of the above property as shown on that certain plat
entitled "Shore Realty Corp." iecorded in the Clerk's Office of
the Circuit Court of the Ci-ty of Virginia Be6ch, Virginia in Ma@
Book 7, at Page 124, which plat is attached hereto and made a
6
part hereof and intended to be recorded with the Ordinance closing
the aforesaid street.
--D
Adopt,2d by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 19'82
- 2 7 -
ITEM 11-F.6 ITEM #19206
Upon motion by Councilman Heischober, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Financing proposal received from Xerox for lease/
purchase of Xerox 2080 currently being rented by the Print Shop.
They offer a sixty-month purchase plan at 8% annual interest
resulting in an estimated savings of $54,129 and authorized the
City Manager to enter into the necessary agreements for the lease/
purchase of this equipment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones,* Robert G. Jones,
W. B. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR JONES VOICED A VERBAL "AYE"
- 2 8 -
ITEM II-F.1 ITEM #19207
William McClurg, representing St. Mark's Catholic Church, spoke
in favor of the proposed Resolution.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution approving the location and
major design features of the Kempsville Road, Phase II, Project
as presented at the Public Hearing on September 29, 1982, in-
cluding the additions requested by St. Mark's Catholic Church
and requesting the Virginia Department of Highways and Trans-
portation (VDHT) to proceed with the advertisement for con-
struction bids for this project:
Two entrances with one crossover and an
appropriate left-turn lane for their future
facility on Kempsville Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. 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:
None
- 2 9 -
Requested by: Department of Public Works
R E S 0 L U T I 0 N
WHEREAS, a public hearing was conducted on September
29, 1982, in the City of Virginia Beach by respresentatives of
the Commonwealth of Virginia, Department of Highways and
Transportation, after due and proper notice for the purpose of
considering the proposed location and design of Kempsville Road
from 0.13 mile south of Indian River Road to 0.20 mile south of
Centerville Turnpike, State Project: 0190-134-103, C501, FHWA
No. M-5403, in the City of Virginia Beach at which hearing
aerial photographs, drawings, and other pertinent information
were made available for public inspection in accordance with
State requirements; and
WHEREAS, all persons and parties in attendance were
afforded full opportunity to participate in said public hearing;
and
WHEREAS, representatives of the City of Virginia Beach
were present and participated in said hearing; and
WHEREAS, the Council has previously requested the
Virginia Department of Highways and Transportation on September
22, 1980 to program this project; and
WHEREAS, the St. Mark's Catholic Church has requested
two entrances with one crossover and appropriate left turn lane
for their future facility on Kempsville Road.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Cciuncil approves the location and major design features
of the proposed project as presented at the public hearing,
including an additional crossover with appropriate left turn lane
provided at approximately Station 98+50 and two entrances as
requested by those representing the church of St. Mark.
30 -
BE IT FURTHER RESOLVED that the Council of the City
of Virginia Beach requests the Virginia Department of Highways
and Transportation to proceed with the advertisement for construc-
tion bids for Kempsville Road from 0.13 mile south of Indian
River Road to 0.20 mile south of Centerville Turnpike as
presented at the aforementioned public hearing.
ADOPTED: December 13, 1982
- 3 1 -
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #19208
Attorney Robert B. Cromwell, Jr., represented the applicant
Robert Smith, President, Chesapeake Beach Civic League, spoke
in opposition
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CLYDE L. COLLIER for a
Change of Zoning District Classification as per the following:
Voting: 8 - 3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, ITT and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
None
- 3 2 -
ORDINANCE UPON APPLICATION OF CLYDE L. COLLIER Z01282685
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION
FROM A-2 APARTMENT DISTRICT TO A-3 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA
BEACH, VIRGINIA:
Ordinance upon application of Clyde L. Collier for a
Change of Zoning District Classification from A-2
Apartment District to A-3 Apartment District on cer-
tain property located on the North side of North
Greenwell Road beginning at a point 36.48 feet West
of Northampton Boulevard, running a distance of 506.37
feet along the North side of North Greenwell Road,
running a distance of 267.19 feet along the Western
property line, running a distance of 464.42
feet along the Northern property line, running a distance
of 147.08 feet along the West side of Northampton
Boulevard and running a distance of 122.57 feet in a
Southerly direction. Said parcel contains 3.015 acres.
BAYSTDE BOROUGH
During further review of the development plans for this
project the following may be required by Staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the Cityof Virginia Beach,
Virginia, an the Thirteenth day of December, 1982.
1 2 13 8 2
- 3 3 -
ITEM IT-C.2 ITEM #19209
Ray LeSesne spoke on this matter
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of HUNT CONTRACTTNG COMPANY,
INC., for a Change of Zoning District Classification as per the
following:
Voting: 10 -1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 3 4 -
ORDINANCE UPON APPLICATION OF HUNT CONTRACTING Z01282686
COMPANY, INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFTCATION FROM R-5 RESIDENTIAL DISTRICT TO
P-1 PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA
BEACH, VIRGINIA:
Ordinance upon application of Hunt Contracting Company,
Inc., for a Change of Zoning District Classification
from R-5 Residential District to P-1 Preservation
District on property located on the North side of
Parliament Drive, 400 feet more or less West of Yoder
Lane, as shown on plats on file in the Department of
Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective from date
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Thirteenth day of
December, 1982
- 3 5 -
ITEM II-G.3 ITEM #19210
Attorney Thomas C. Broyles represented tbe applicant
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Creech, City Council voted to APPROVE tbe application of
HOLIDAY LAKE COMPANY, A GENERAL PARTNERSHIP, for a Change of
Zoning District Classification as per the following:
Voting: 7 - 4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Reba
S. McClanan, and 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 E. Oberndorf
Council Members Absent:
None
- 3 6 -
ORDINANCE UPON APPLICATION OF HOLIDAY LAKE COMPANY Z01282687
A GENERAL PARTNERSHIP FOR A CHANCE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
An Ordinance upon application of Holiday Lake Company,
a General Partnership, for a Change of Zoning District
Classification from R-8 Residential District to B-2
Community-Business District on certain property lo-
cated on the East side of General Booth Boulevard
beginning at a point 480 feet more or less South of
South Birdneck Road, running a distance of 316.10
feet along the East side of General Booth Boulevard,
running a distance of 130 feet more or less along the
Southern property line, running a distance of 230 feet
more or less in a Northeasterly direction, running a
distance of 90 feet more or less in a Northeasterly
direction, running a distance of 45.65 feet in a
Northerly direction and running a distance of 191.87
feet along the Northern property line. Said parcel
contains 1.496 acres. PRINCESS ANNE BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. On-site detention may be required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
- 3 7 -
ITEM II-C.3a ITEM #19210(a)
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Creech, City Council voted to APPROVE the application of HOLIDAY
LAKE COMPANY, A GENERAL PARTNERSHIP, for a Change of Zoning
District Classification as per the following:
Voting: 6-5
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:
John A. Baum, Vice Mayor Barbara M. Henley, Robert G.
Jones, W. H. Kitchin, 111, and Meyera E. Oberndorf
Council Members Absent:
None
- 3 8 -
ORDINANCE UPON APPLICATION OF HOLIDAY LAKE Z01282688
COMPANY, A GENERAL PARTNERSHIP FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-8
RESIDENTIAL DTSTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Holiday Lake Company, A
General Partnership, for a Change of Zoning District
Classification from R-8 Residential District to 0-1
Office District on certain property located on the
East side of General Booth Boulevard beginning at a
point 800 feet more or less South of South Birdneck
Road, running a distance of 340 feet along the East
side of General Booth Boulevard, running a distance
of 130 feet along the Southern property line, running
a distance of 340 feet along the Eastern property line
and running a distance of 130 feet along the Nortbern
property line. Said parcel contains 1.01 acre.
PRINCESS ANNE BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. On-site detention may be required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
- 3 9 -
ITEM II-G.4 ITEM #19211
Attorney Donald H. Rhodes represented
Commander Curtin, AICUZ Officer, Oceana Naval Air Station
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of R. WAYNE RUSBULDT AND
RUTH ANNE RUSBULDT for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF R. WAYNE RUSBULDT AND R01282502
RUTH ANNE RUSBULDT FOR A CONDITIONAL USE PERMIT FOR
A COMMUNICATIONS TOWER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of R. Wayne Rusbuldt and
Ruth Anne Rusbuldt for a Conditional Use Permit for
a communications tower on certain property located
on the West side of Rusbuldt Lane (formerly Meadow
Drive) beginning at a point 1050 feet more or less
Southwest of Salem Road. Said parcel is known as
Lots 17, 18, 19, 20, Salem Acres and contains 4.47
acres. KEMPSVILLE BOROUG@
Approval is subject to the following condition.
1. Height shall be capped at 280 feet maximum,
above mean sea level,
FAA.
This Ordinance shall be effective from date of adoption.
Adapted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
*CORRECT BOROUGH, AGENDA HAD PRINCESS ANNE BOROUGH
-40 -
VIRGINIA:
IN THE GENERAL DISTRICT COURT OF THE CITY OF VIRGINIA BEACH
CRIMINAL DIVISION
CITY OF VIRGINIA BEACH
Plaintiff
v.
R. WAYNE RUSBULDT
2201 Salem Road
Virginia Beach, Virginia 23456
Defendant
CONSENT DECREE AND ORDER
THIS MATTER came on upon an agreement of the parties
herein and arguments of counsel.
WHEREAS, it appearing to the Court that the Defendant,
R. Wayne Rusbuldt, was charged with violating S531 of the
Comprehensive Zoning Ordinance of the City of Virginia Beach,
namely that he was operating a business in a residential area;
and
IT FURTHER APPEARING to the Court that the Defendant's
storage of tower material and tower sections at his residence at
2201 Salem Road, Virginia Beach, Virginia, as well as his use of
Bay Towers Company trucks and employees at his above-noted
residence, constitutes a violation of the aforementioned zoning
ordinance; and
IT FURTHER APPEARING to the Coutt that the Defendant, R.
Wayne Rusbuldt, has stipulated now that he is aware of the
requirements of the Comprehensive Zoning Ordinance of the City of
Virginia Beach and that he will cease the above-referenced
activities at his residence at 2201 Salem Road, Virginia Beach,
Virginia, and assure this Court and the City of Virginia Beach
that he will comply with the provisions of the Comprehensive
zoning Ordinance of the City of Virginia Beach; and
IT FURTHER APPEARING to the Court that the Defendant, R.
Wayne Rusbuldt, has granted inspectors from,the Permits and
Inspections Department of the City of Virginia Beach the right to
-4 1-
access to his property at 2201 Salem Road, Virginia Beach,
Virginia, to monitor his compliance with the Comprehensive zoning
Ordinance of the City of Virginia Beach; and
WHEREAS, the City of Virginia Beach has indicated that
in light of Mr. Rusbuldt's representations before this Court,
the City respectively requests this matter be continued for a
period of one (1) year on the condition that if Mr. Rusbuldt
complies with all of the above-referenced provisions of this
Otder and of the Comprehensive Zoning Ordinance of the City of
Virginia Beach, the City of Virginia Beach would ask the Court to
dismiss the charge presently pending against Mr. Rusbuldt in this
Court.
it is hereby ADJUDGED, ORDERED, and DECREEB that the
Court will withhold a finding of guilt and continue the
above-styled matter for a period of one (1) year until Wednesday,
December 14, 1983, at which time the Court will consider
dismissing the charge pending against the Defendant, R. Wayne
Rusbuldt, based upon h.is compliance with the above-referlinced
conditions.
ENTER:
Judge
I ask for this:
p.q.
Nutter, II
I./Sxtant City Attorney
Seen:
Donalci H. Rhodes
-2-
4 2 -
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Member Absent:
None
12/13/82
- 4 3 -
ITEM II-G.5 ITEM #19212
COUNCILMAN McCOY LEFT COUNCIL CHAMBERS
Attorney V. A. Etheridge, Jr., represented the applicant
Upon motion by Council-man Kitchin, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE tbe application of J. C. WITCHER, JR.,
for a Conditional Use Permit as per the following:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 4 -
ORDINANCE UPON APPLICATION OF J. C. WITCHER, R01282503
JR., FOR A CONDITIONAL USE PERMIT FOR TWO
DUPLEXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of J. C. Witcher, Jr.,
for a Conditional Use Permit for two duplexes on
property located on the South side of 12th Street,
100 feet East of Rudee Avenue. Said parcel is
known as Lots 5, 6,7 and 8, Block 118, Lakewood
and contains 9.979 square feet. VIRGINIA BEACH
BOROUGH.
During further review of the development plans for
this project the 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 Thirteenth day of December, 1982.
12/13/82
- 4 5 -
ITEDI II-G.6 ITEM #19213
Attorney Thomas Broyles represented the applicant
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of VIRGINIA BEACH UNITED
METHODIST CHURCH for a Conditional Use Permit as per the following:
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Penry McCoy, Jr.,,D.D.S
- 4 6 -
ORDINANCE UPON APPLICATION OF VTRGINIA BEACH R01282504
UNITED METHODIST CHURCH FOR A CONDTTIONAL USE
PERMIT FOR AN ADDITION TO A CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA
BEACH, VIRGINIA:
Ordinance upon application of Virginia Beach United
Methodist Church for a Conditional Use Permit for an
addition to a church on property located at the North-
east corner of 18th Street and Pacific Avenue on Lots
14 thru 22, Block 32, Plat No. 2, Virginia Beach
Development Company. Said parcel is located at 207
18th Street and contains 1.446 acres. VIRGINIA BEACH
BOROUGH.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of tbe City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982
- 4 7 -
ITEM II-G.7 ITEM #19214
Robert Barnes represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of KIMMEL
AUTOMOTIVE, INC., T/A TREADQUARTERS, for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE, R01282505
INC., T/A TREADQUARTERS, FOR A CONDITIONAL USE
PERMIT FOR MOUNTING AND BALANCING TIRES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Ki=el Automotive, Inc.
T/A Treadquarters, for a Conditional Use Permit for
mounting and balancing tires on certain property lo-
cated on the North side of Shore Drive beginning at
a point 160 feet more or less West of Pleasure House
Road, runnin-. a distance of 150 feet along the North
side of Shore Drive, running a distance of 200 feet
along the Western property line, running a distance
of 150 feet along the Northern property line and
running a distance of 200 feet along the Eastern
property line. Said parcel is located at 4816
Shore Drive and contains 30,000 square feet.
BAYSIDE BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. A revised site plan depicting detailed parking
information.
This Ordinance shall be effective from date of
adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
-4 8 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 9 -
ITEM TI-G.8 ITEM #19215
COUNCILMAN McCOY RETURNED TO COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of FERRELL FARM DEVELOPMENT
CORPORATION, OR ASSIGNS, for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF FERRELL FARM R01282506
DEVELOPMENT CORPORATION, OR ASSIGNS, FOR A
CONDITIONAL USE PERMTT FOR A 150-ROOM MOTEL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA
BEACH, VIRGINIA:
Ordinance upon application of Ferrell Farm Develop-
ment Corporation, or Assigns, for a Conditional Use
Permit for a 150 room motel on certain property
located on the East side of Bonney Road beginning at
a point 800 feet more or less Southeast of the
intersection of Bonney Road and independence Boulevard,
running a distance of 170 feet more or less along the
East side of Bonney Road, running a distance of 866.97
feet in a Northeasterly direction, running a distance of
66.40 feet in a Northwesterly direction, running a dis-
tance of 40 feet in a Westerly direction, running a
distance of 44.70 feet in a Southwesterly direction,
running a distance of 89 feet in a Westerly direction,
runnng a distance of 62 feet in a SDUthwesterly direction,
running a distance of 27 feet in a Westerly direction,
running a distance of 52.70 feet in a Northwesterly
direction, running a distance of 39.60 feet in a South-
westerly direction, running a distance of 29.80 feet in
a Westerly direction, running a distance of 49 feet in
a Northerly direction, running a distance of 55.31 feet
in a Northwesterly direction, running a distance of 221.86
feet in a Southwesterly direction, running a distance of
135.53 feet in a Southeasterly direction and running a
distance of 365.23 feet in a Southwesterly direction.
Said parcel contains 3.476 acres. KEMPSVILLE BOROUGH.
As a condition of the use permit, the following is
required:
Installation of an automatic sprinkling system meeting
the approval of the City Fire Protection Engineer.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
2. No dredging, filling, bulkheading or other waterfront
related activity will be allowed without the proper
permits from the appropriate Local, State and Federal
Agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
5 0 -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 1 -
ITEM II-G.9 ITEM #19216
Upon motion by Councilwoman McClanan, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and PERMIT WITHDRAWAL of the
application of PUTT-PUTT GOLF AND GAMES for a Conditional Use
Permit as per the following:
Ordinance upon application of Putt-Putt Golf and Games
for a Conditional Use Permit for a miniature golf course
on certain property located on the South side of
Lynnhaven Parkway beginning at a point 750 feet more or
less East of South Lynnhaven Road, running a distance of
196 feet along the South side of Lynnhaven Parkway,
running a distance of 469 feet in a Southeasterly direction,
running a distance of 40 feet in a Southwesterly direction,
running a distance of 278 feet in a Westerly direction,
running a distance of 41 feet in a Northwesterly direction,
running a distance of 62 feet in a Northeasterly direction
and running a distance of 258 feet in a Northwesterly di-
rection. Said parcel contains 2 acres. PRINCESS ANNE
BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 2 -
ITEM 11-G.10 ITEM #19217
Jack ilaworth represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
WILLIAM N. THOMPSON for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF WILLIAM N. THOMPSON R01282507
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISHMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of William N. Thompson for a
Conditional Use Permit for an automobile repair establish-
ment on property located on the North side of Holland Road,
93 feet East of Garfield Avenue on Lots 17 thru 20, Block
8, Pecan Gardens. Said parcel contains 32,187.4 square
feet. PRINCESS ANNE BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. The applicant must pay his pro rata share of the
cost of piping the remaining section of ditcb
along the eastern property line. The details
of this arrangement will be worked out with
the City, the applicant and adjacent property
owners.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of December, 1982.
5 3 -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 4 -
ITEM II-G.'@l ITEM #19218
Robert Sutherland represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the request of JAMES E. MOORE, SR., for a
variance to Section 4.4(b) of the Subdivision Ordinance as per
the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for James E. Moore, Sr.
Property located at the western extremity of the
intersection of River Road and River Court and
contains 7.84 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 5 -
ITEM II-G.12 TTEM #19219
Attorney Robert B. Cromwell, Jr., represented the applicant
Attorney Grover C. Wright, Jr., represented area residents
in opposition to the proposed variance.
Upon motion by Councilman Jennings, seconded by Councilwoman
McClanan, City Council voted to uphold the recommendation of
the Planning Commission and DENY the request of RICHARD W.
GALLIFORD for a variance to Section 4.4(b) of the Subdivision
Ordinance as per the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Richard W. Galliford.
Property located at 836 South Spigel Drive and
contains 2.32 acres. LYNNHAVEN BOROUGH.
Voting 7 - 4
Council Members Voting Aye: (for denial)
Harold Heischober, Vice Mayor Barbara M. Henley, H.
Jack Jennings, Jr., Mayor Louis R. Jones, Robert G.
Jones, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, W. H. Kitchin, III,
and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 5 6 -
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #19220
Leonard Hodges spoke in behalf of his application
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to remove condition number
two (2) from the variance granted to LEONARD L. HODGES on
February 8, 1982:
The applicant has voluntarily agreed to provide
a fence along both sides of the access road.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 7 -
ITEM II-H.2 ITEM #19221
Attorney F. Sullivan Callahan represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to RENEW authority for Creative
Displays, Inc., to maintain two billboards on Independence
Boulevard near Norfolk and Southern Railway until such time
as City Council asks them to vacate the site for the widening
of Independence Boulevard at which time the City will give
them sixty (60) days notice to vacate the site. Creative
Displays will not be liable for compensation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry Mcoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 8 -
N E W B U S I N E S S
ITEM TT-I.1 ITEM #19222
Bruce B. Mills, Chairman of the Electoral Board, made a presentation
to City Council regarding the use of electronic voting machines
City-wide and advised the Board needs Council's approval and
authorization to purchase additional electronic voting machines
to replace the "lever" equipment.
The City Manager was directed to investigate the best financing
arrangement concerning the electronic voting machines and bring
his recommendations to Council on December 20, 1982.
Mrs. Cleta Liverman, General Registrar, spoke on this matter.
Mr. Shelby Thomas, Computer Election Systems, spoke on this
matter.
ITEM II-I.2 ITEM #19223
Upon motion by Councilman Kitchin, seconded by Councilman Jennings,
City Council voted to AMEND condition seven (7) in the application
of JOHN T. MAMOUDIS for a Change of Zoning District Classification
from R-7 Residential District to B-4 Resort-Commercial District
(approved October 18, 1982), as follows:
No decks or structures over the lake EXCEPT TWO
stairwells as required by the Fire Code for fire
exit purposes.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, 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 Abstaining:
Robert G. Jones
Council Members Absent:
None
- 5 9 -
ITEM #19224
The City Clerk advised Council that Mrs. Roberta Grater, who was
to speak before Council concerning School Board busing, had ali
appointment and was uiiable to stay; however, Mrs. Grater requested
she be placed on a future Council Agenda.
ITEM #19225
The City Clerk advised Council of a letter in the Agenda Package
from Dr. Jessie Lawrence who requested an opportunity to speak
before Council concerning her road.
Vice Mayor Henley advised she discussed this matter with the City
Manager and he is investigating the problem. Dr. Lawrence will be
scheduled for NEW BUSINESS, December 20, 1982.
A D J 0 U R N M E N T
ITEM II-J.1 ITEM #19226
Upon motion by Councilman Ileischober, City Council adjourned at
5:26 p.m.
Diane M. Hickman, Deputy City ClerF@
R th Hodge S y Jones
City Clerk
City of Virginia Beach,
Virginia
13 December 1982
dmh/bh