HomeMy WebLinkAboutAPRIL 19, 1982 MINUTES
H. KiT@,ifIN, l,,,,
2!@, f17
CA'-[- -](J 01@DFR - @layor t'c(:oll,,, Jr., P.P.S.
[ICLI- U,,Ll@ OF CO!JNCII-
V@OTIOII -l'O RECI-SS Iti"10 lr4FORlAAI-/EXECIJ- TV SF. S 0
E s @l
!',Ei t-@ei,s f, r di cuss or,@ by
2. dis.(-IISSiOr b@' CCL'ncil .
L, rL @,jood
2:00
Revercrd tl. -@.idge Pc,'L r,,2
it@L-d @'ISN
PLED,Z 01- TO Ti T' f7
DF- if I F,D STPFES O@ P,,,
D C@i@: i"!@EVio,[JS
n C4@ll
u 'n @lirili cs of
i
1@@. S
s 41 .]ic @i ci@ r
F ES 01- t)T I O@@ S
Rcsoluti(,iis o-F Appt,o C4 t-'o
ri
b. lirs. tl. R. [@@iller
2. llesol,,jtio!i R(@cogiiiziiig a Lit(,-Sa@,iiig Event
fir. Al Traiiicr
3. Genera'l
a. Resoltitic)@ll setting for,th @llic City's court-le@,tv,@
b. Resolution authori7ii)ci ar.-d ratii@lirig actir)),!,,; ci' the
City Attoi-ii2y pcr'L@;ii@ng to 'L[16' eXC'C.LI'L-iUil Ci-r
agre,i,-@etits with cc-rtain pa,@,-Iiirj contrictor, in the I*i(;(.,--
viater area.
c. Resolutiori setting forth the policy of the Cit,@, (',i
Beach in t,eqard to L,@teyisic)ri of th,-, PLI@ilic,
sc@,@,j,2r ,;ysl:cms iiito zr,,,,ts devel(jped r)rior to th.-
ther,c!of. (Defei,red Apri'l 12, l@)82, u,.)ti-l'
G. COIISENT AGE14DA
All n@atters listed under the Consent ',grnd-, E,,re "o
routitic by 21-tie@ City Counci i afict 'L,,-
ttie forro. listed. There @,jill Le no Fe@.@,r,3te discu'l@@i@r @ll- th,@,@
i tenis . l' @.,@scussion is desired, tha', b(,
the Consent Agenda and considered sc@par-ately,
1. Raffle Permit: Poseidia Institute, Ilic.
a. Letter from the City Manaaer rccomne!nds dert4a"-,
(This i'Ler,) was def(,@,i-cd fr,,)f@ FQbruar,y 22, 193@,
again frcim April 12, 19@'),
2. Ra.@fle Permit: Thc Beac@i Crtiisei,s (I,,o;iien's Adv@'t Soft@iill
a. Lettet, from th@ @,i-tv M,?nagLr dcli4a;.
3. Rdffle Permit: Plaza kecreation, [-td.
a. Froin the Ci
4 .
a. [.(,i, th(, tliji)ac ei, r
'i
5. Orc@'inancp. tO @lL@Lhot i Ll!e ac,,JLI-isi t ic)r,. c,,-
eitliei- Ly or
6. l@ii(, @ity
(i i n parf:@)
CI a n i a I c! @@i ct 0 ii- D-i@i
f (,(i ii2
P, p@, 4 2
tc)da@
1. L,,tter ii,oiii tl'L' Cii,@ tr@n,liiiit,- thL, 'C)il
of th(,, Planrina f,,It@ cil,@tial.
d
b Apdl i CL, ti 1);,. of Ct v- [-),ir. 1-@c T/A tl Gol i!,. c:on
tioria@i usepiiii La r,i ii @ittir(, )it @lcrc@
parcel locatc2d a+ tlie noilt c@ i,i- of
(')Li-ei,r-ed oil Aj)-ti@l 12, i@)@,12, uitil i-,@,day).
Le@Lt,er froii '@I)e Cilv i;@an@iger triiiFrliLs tr,.-
of th(,, Pl@,iining for
2. New Items
a, A-pplication of Rober" W. TTI M.D., for a chFt-lu,@
of 7oning froin r-i Dis@@i-i :t: L@) A-2
ISL4
s u Iiras coi,ner c)f L In !<oad and Robir,
1 Letter fro!i tlie Cit@, V,@,t-,agcr
I
,)f tt)- ',)@@.@ining Con@Tlis,@iort @or @,IL,)val-.
b. App@14cition of T@ioir.-is P. and Jc)arn Collins f,@i, a cc,,r:@l-
.oii,al use p(.)@,mit for a lloll(-@ occL@@,it@()!,, Liid
tE,j,chirig e-ic,.c@li-olysis)
nortli siO,,L. o@@ Ca-1.1 -viest cl- Sout@i
(Lyiiiiitziveri bui@ough).
1. Letter from tiie C-.ty lllanager transmits t[@c
of the Planriing Comirission for -,,,r),,)I,oval .
c. Application of A PAC of Vir',4iiii,,, in(,. . for a cc@ildii,-ic)n,,@l
pev,iiiit for i landfill --on--a-lzlO-acre r,,zarcel ot@ t@':@,
L,,, t side of @c-@ari@-@oulc,,vard, sdutii ol thc@ @@IC)rfo@ik and
Soutli,,,i@ii (Lynnliavpn Borotig@,',
1 Letter from the City
I - f@l'
of the Planriing Co i is,i-11 val
A
d f a l , z ro r a c c, r d i a ti s
i'k ce
y- @'a rp on a cr p r l I oca tfd
@iic)ng th? ol: flo@lil
Gr(,,,t @,!eck I'loed ri ii vri 'L@ c) r@, ijg l'i
0 TI lilc,
L"t'! t f@ e, @, r r: t i (i
I
h I Co;iinlisi@ioil fDr
C, C, TI
i\ i t i
t i 0
ta r,, L
of V-1 i@cii (,d
Ba,,,,s i (,e Bc);,c L, I!i c) T(, ti
L(,. !,tor t-r oiii l@lie C i y@L( t%,,r
oi7 @ulie i)l anni rici Corir", (@ri for
f. RequE@st of Rol)-rt-L.... I'l,00@'- f('Y' a t,) @(@ct iori 14.zl,(t))
of the Stibdiv-'Isioi) w@,-icli lot
to coiiform to thf4 iv@ Zciii;ic e
to subd,@.vide a
.229 and .26 act,cs in l@!is @ill, c- i @,; I
soi@th sicle of !-')Dl@OLit RO ea I
E@ St 0 S V Av e r,,,i p-
side Borougli).
Lc@tai- fyon '@i Cit@! f,'ai i -i o'@i
of the P@ianritig Cc)ii@iiiis,iol, for
g . Ord i nance to iniend and r2ord@,,, i n Prt i c! c-, 1. S@(,,t I r,)it 1 0,,3I
of t h- -c -1@ii
conforiiii'iig uscs ,
P,ND,
Orcii nance to am,,2.,id and v oc@i,(,E, i)@i Arti c] e, Z SE@,c 1@ i o!l q
of the Coriipreh(@rs i @,e Zoni r! q O@-(ii i-,Zticc- pf).r [,a i ti i i:g .i, cui,-
ditional tj3c-,.
Lett(-,r fi@o:@i @ f;,, Ci ty
tlic, City A'G-toriiey foi- a on,,-@@
1. City Code Amendmen@,
a. Ordina!ice arnendina Cliapt@!i, 2 of th.0 Crtic-.@ cf (It,,' C-f
Vit-git)ia Bcac@i, Virginia, b,y @idc;inc a rc,,cts! s2c@ "o i r E@ t r)
to adi,,iiiiistratioti;
AND,
Resolution directing the Fersonne -I to reii,@%,o th(-,
f-.'ve j 4
.rect fro,7,i the 1-il.lv @ [)ay I)jar!.
2. L(,w Bic;
a. Lo@@ i'! c@ Bc)llirict Cc)., I I y i I
iii f:lic) -.@rioiin' of
@j t; @ 0 i- L i I t 'L- l
f t
,r
C-1 t Sol' y (,()T
F)(-, @c-r,re @l f ro i,@i
K "J@IFINISIEF,' [@@J,-@lr,'ESS
L. NEW BUSINESS
M. t'iDJOURNMENT
1. l,iotion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
19 April 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 19 April
1982, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
None
ITEM #18063
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
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 @he 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. 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.
- 2 -
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
V o t i n g : 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
M A T T E R S B Y T H E M A Y 0 R
CITY MANAGER ITEM #18064
Mayor McCoy advised that City Manager Designate,Thomas Muehlenbeck,
was in Virginia Beach "house hunting" and requested he be sent
several items for his perusal, (CIP, Comprehensive Plan, budget,
etc. ) -
M A T T E R S B Y C 0 U N C I L M E M B E R S
MR. VIRGINIA CONTEST, ITEM #18065
Councilwoman Oberndorf advised that a Kempsville Borough resident
Mr. Alcorn, won the Mr. Virginia Contest and the residents in the
area are very pleased and proud of Mr. Alcorn.
I N F 0 R M A L S E S S I 0 N
SOMERTON CREEK/ASSAMOOSICK SWAMP ITEM #18066
The City Manager advised Council he invited Durwood Curling, Executive
Director, Southeastern Public Service Authority, to present Council a
report on the Somerton Creek and Assamoosick Swamp Study.
The SPSA Board of Directors has identified two streams as potential
raw water sources for the Tidewater area, Somerton Creek and
Assamoosick Swamp.
The table below summarizes the pertinent information for the
recommended sites on these streams:
Assamoosick Swamp Somerton Creek
at Site 3 near Pittinantown
Safe Yield for Drainage Area* 30.0 MGD 8.1 MGD
Drainage Area 78.5 sq. mi 81.2 sq. mi
Normal Pool Elevation 70 feet 25 feet
Normal Pool Area 7,456 acres 2,029 acres
Storage at Normal Pool 109,923 ac. ft- 9,668 ac. ft.
Silt Storage Life 50 years 10 years
- 4 -
Four separate water quality concerns have been addressed in the
preliminary design of the recommended facilities and the proposed
operational strategy mitigates these concerns.
a. Algal blooms in the Chowan River
b. Union Camp discharge requirements
C. Norfolk Pumping from the Blackwater and
Nottoway River
d. Flows for herring migration.
Three alternative systems on the Nottoway River/Assamoosick Swamp
were evaluated. The alternatives evaluated are described as
f ol lows:
AN-1 - Construct a water pump station on the
Nottoway River and transmission main to Lake
Prince and Lake Cohoon to deliver an average
of less than 40 MGD to Norfolk and Portsmouth
for treatment and transmission. No reservoir
is included in this option.
AN-2 - Construct a water pump station on the
o@ttoway River to supplement the water impounded
by a reservoir at Site 3 on the Assamoosick Swamp
and pump an average up to 65 MGD into Lake Prince
and Lake Cohoon for treatment and transmission by
Norfolk and Portsmouth.
AN-3 - Construct pumping stations and reservoirs
as in Alternative AN-2 and also construct a water
treatment plant and transmission lines to trans-
mit treated water eastward for those communities
which desire to use this source of supply.
Additional Water
Alternative Project Cost Bond Issue Size Supply
AN-1 $89,370,000 $113,400,500 Less than 40 MGD
untreated
AN-2 82,814,500 105,137,500 65 MGD Untreated
AN-3 153,357,000 194,695,000 65 MGD Treated
*These safe yield estimates do not include augmentation from other
sources such as deep wells or surface water pumping. Use of
supplementary water from these sources would increase the stated
safe yields.
*An evaluation of pumping water from the Nottoway River for the
Assamoosick Swamp sites was conducted under a prescribed set of
operational rules. Operating the Assamoosick Swamp reservoir
and pumping from the Nottoway according to the operational rules
could increase the yield to 65 MGD without adverse impacts to
other downstream users.
- 5-
Cost estimates to construct the recommended facilities and transmit
untreated water to the reservoirs of the existing SPSA members are
as follows:
Assamoosick Swamp Somerton Creek
Nottoway River Pumping Station $ 3,824,000 $-------
Nottoway River Raw Water Line 7,590,000 -------
Reservoir Construction 7,844,500 4,122,500
Raw Water Pumping 3,237,500 1,067,500
Transmission Facilities 35,858,500 6,612,500
Land and Land Clearing 21,730,000 6,174,500
Relocation 2,730,000 8,640,000
Total Project Cost $ 82,814,500 $26,617,000
Bond Issue Size $105,137,500 $33,972,000
Unit Cost of Operation, $.65JI000 gals. $ 1.65/1000 gals.
Maintenance, and Debt at
full utilization (Treatment
Cost not included)
GENERAL BOOTH BOULEVARD ITEM #18067
The City Manager advised that during the presentation of General Booth
Boulevard, Phase I, there was a question raised concerning the alignment
of the highway where it intersects with Dam Neck Road.
The City Manager presented material to Council which would answer
their questions concerning this matter.
City Council recessed into EXECUTIVE SESSION, (1:30 p.m.)
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
19 April 1982
2:10 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober,*Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.**
INVOCATION: Reverend W. Ridge Petre
Chaplain - Retired USN
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*Due to the absence of Mayor McCoy, Vice Mayor Heischober presided
at the Mayor's Chair.
- 7 -
M I N U T E S
ITEM II-D.1/2 ITEM #18068
Upon motion by Councilman Ervin, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Special Meeting
of 6 April 1982 and the Regular Meeting of 12 April 1982.
Voting : I 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
**MAYOR McCOY ENTERED MEETING AT 2:17 p.m.
- 8 -
P U B L I C H E A R I N G
ITEM II-E.1 ITEM #18069
Mayor McCoy opened the Public Hearing on the Community Housing
and Development 8th Year Funding.
There being no one registered to speak the Mayor declared the
Public Hearing closed.
R E S 0 L U T I 0 N S A P P R E C I A T I 0 N
ITEM II-F.l.a/b ITEM #18070
Upon motion by Councilman Holland, seconded by Councilman Baum,
City Council voted to ADOPT the Resolutions of Appreciation for:
HERBERT L. SMITH, III - HISTORICAL REVIEW BOARD
1 9 68 -1 98 2
MRS. W. R. MILLER - HISTORICAL REVIEW BOARD
1963-1982
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 9-
RESOLUTION
WHEREAS, Mr. Herbert L. Smith, III, served as a
member of the Historical Review Board from November 1968
through April 1982;
WHEREAS, Herb served willingly and untiringly in
behalf of the City of Virginia Beach.
WHEREAS, we trust he realized satisfaction in
successfully administering in his advisory capacity not
only to City Council, but to the citizens of this fast
growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of thirteen (13)
years of distinguished service by publicly expressing its
sincere gratitude for his contribution of time, eriergy and
i ntel I ec t .
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of C4ty Council this 19th day of April, 1982, in the
City of Virginia Beach, Virginia.
Given under my hand and seal.
-10-
RESOLUTION
WHEREAS, Mrs. W. R. Miller, served as a
member of the Historical Review Board from November 1963
through April 1982;
WHEREAS, Mrs. Miller served willingly and untiringly in
behalf of the City of Virginia Beach.
WHEREAS, we trust she realized satisfaction in
successfully administering in her advisory capacity not
only to City Council, but to the citizens of this fast
growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of nineteen (19)
years of distinguished service by publicly expressing its
sincere gratitude for his contribution of time, energy and
in tellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be rr..ade a part of the proceedings of the Formal
Session of City @uouncil this 19th day of Apri-i, 1982, in the
City of Virginia Beach, Virginia.
G-I*ven under iny hand and seal.
-11-
R E S 0 L U T I 0 N - L I F E-S A V I N G
ITEM II-E.2.a ITEM #18071
Mrs. Hughes presented Mr. Trainer a Resolution from the Virginia
Beach Safety Council
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution Recognizing a Life-Saving
Event and present same to:
MR. AL TRAINER
Voting I 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 2 -
RESOLUTION
A LIFE SAVING EVENT
WHEREAS, on October 25, 1981, just after midnight, AL
TRAINER of Virginia Beach was traveling with three friends enroute
home via Interstate 64 near Northampton Boulevard when he saw a car
burst into flames after being hit by a large sedan. The intense
heat and thick smoke frightened rescurers. It was evident the car
would explode any second.
WHEREAS, Evelyn Itzkowitz, her husband, sister-in-law
and a friend were traveling west on I-64 enroute Norfolk from a
Virginia Beach concert when the large sedan struck them and they
were trapped inside their small auto; and,
WHEREAS, Al Trainer stopped his car and instructed his
friends to halt the traffic and find a fire extinguisher. Dis-
regarding his own safety, with great personal courage, decisive
action and quick response he rushed to the passenger side of the
car, forced open the metal windor frame, shattering the glass
and pulled Mrs. Itzkowitz from the flaming car through the
broken window. Upon placing the injured woman on the grass median
area, he wanted to return to rescue the other passengers but heard
a "whooshing" sound as he saw the small car explode. Immediately
Trainer left the accident scene and no one could identify him.
Later he said it was the worse thing he had ever seen, was sick and
had to get away. He had done all he could but felt he had not done
enough.
NOW, THEREFORE, BE IT RESOLVED AND IN RECOGNITION of his
unselfish and brave conduct during this unfortunate incident, the
Virginia Beach City Council does publicly recognize AL TRAINER for
his courageous action and thank him for his efforts which led to
saving a citizen's life. Al Trainer acted above and beyond the
call of duty in the best tradition of Virginia Beach. The City
Clerk is requested to enter this Resolution of Appreciation
honoring Al Trainer into the proceedings of this Council's permanent
record this Nineteenth day of April, Nineteen Hundred and Eighty-Two.
Given under my hand and seal
- 1 3-
R E S 0 L U T I 0 N S G E N E R A L
ITEM II-F.3.a ITEM #18072
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and DEFER UNTIL SUCH TIME AS DETERMINED BY THE CITY MANAGER the
Resolution setting forth the City's court-leave policy.
Voting: I I - 0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
14 -
Requested by: City Council
The regular meeting of the Cou!,ci-l of the City of
Vi-rgini.a Beach, Virginia, was hel.d in tlie Council Chz,,mb,--rs of
@he Adiainistration Building, of the City of Virginia Beach, on
1982.
On inotion by and seconded
by t o@l o@w:E@plesolution
was adodted.
R E S 0 L U T I 0 N
WHEREAS, employees of the City of Virginia Beach are
often called to serve as witnesses or as Durors in the various
State and Federal courts; and
WHEREAS, the Council of the City of Virginia Beach
recognizes the necessity for employees of the City of Virginia
Beacli to perform such obligations, and the Council of the City
of Virginia Beacli encourages the conscientious performance of
sxich duties; and
WHE REAS, the-City of Virginia Beach provides paid court
leave to such enployees who perform the@e necessary dut;-es; and r
WHEREAS, such employees are often compensated for such
appearances by the court, over and above the regular rate of pay
that thcy rccci-ve from the City while per-@or@,ing st,.c-
and
WHEPZP.S, the receipt o@- such payment by City employees
constitutes double compensation which exceeds the initial intent
of the City's paid court-leave policy,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That it shall be the policy of the City bf Virginia
!ach to grant paid court leave to its employees when they serve
ds witnesses or jurors iri nonpersonal litigation. Such employees
shall, ho,,iever, have deducted from their :,,zilz@ry ,-he --lTfount of the
compensation they received from the court as payment for having
served as a witness or juror. However, if an employee wishes
to talze annual, I-.eave or comperisatory leav@, servii-@g
in such capaci.ty, that employee may receive full pay and the
court compensation.
That the City l@lanager is hereby i.nstrLicted to impleitient
an appropriate personnel policy in accordance with the provisions
of this Resolution.
This Resolution shall become effective July 1, 1982.
ADOPTED:
RHM/cj
3-22-82
DEFERRED by the Council of th e City of Virginia
Beach, Virginia, on the Nineteenth day of April,
1 98 2
- 1 6 -
ITEM II-F.3.b ITEM #18073
Upon motion by Councilmaan Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing and ratifying actions of the
City Attorney pertaining to the execution of settlement agreements
with certain paving contractors in the Tidewater area.
Voting: I 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 7 -
A RESOLUTION AUTHORIZING AND
RATIFYING ACTIONS OF THE CITY
ATTORNEY PERTAINLNG T@O THE
EXECUTION OF SETTLEMENT AGREE-
MENTS WITH CERTAIN PAVING
CONTRACTORS IN THE TIDEWATER
AREA
WHEREAS, the City Attorney of the City of Virginia Beach
has filed a civil suit in the United States District Court for the
Eastern District of Virginia, Norfolk Division, on behalf of the
City of Virginia Beach seeking certain damages against certain
companies; and
WHEREAS the aforesaid companies and certain of their
officers and employees liave made or have agreed to make settlement
payments to the City of Virginia Beach, Virginia.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the City Attorney, on behalf of the City of Virginia
Beach, be and hereby is authorized to enter into Settlement Agree-
ments with the companies and individuals hereinafter indentified
with respect to settlement of claims arising out of alleged viola-
tions of federal and state antitrust laws with respect to collusive
bids submitted to and contracts for work performed for the City for
asphalt ahd paving work, which settlements shall be in such amounts
as previously communi@ated and on such other terms as the City
Attorney may approve; as evidenced by the City Attorn6y's execution
of such Settlement Agreements; and
BE IT FURTHER RESOLVED, that the companies and individuals
to which this Resolution applies are:
1. Contractors Paving Company, Incorporated
Clinton M. Teets
Ralph H. Breakfield
2. Ashland-Warren, Inc., Sam Finley, Incorporated,
Warren Brothers Company, APAC-Virginia, Inc., and
Ashland 04-1, inc.
E. Ray Waterfield
Robert G. Remington
Edgar E. Gutknecht
Jack H. Hinds
Walter N. Lancaster
Harvey E. Moore
Robert W. Thompson
8-
3. Ames and Webb, Incorporated
Harold N. Webb
Leighton S. Gaddy
Estate of John Bratten
Estate of Robert L. Webb
4. Portsmouth Paving Corporation
R. Curtis Saunders, Jr.
5. Birsch Construction Corporation and
Wilbert B. Siviter
BE IT FURTHER RESOLVED that the City Attorney be and
hereby is authorized to execute any Settlement Agreements,
Covenants Not To Sue and othet documents necessary to effect
such settlements; and
BE IT FURTHER RESOLVED that the Settlement Agreerents
heretofore entered into between the City and Rea Construction
Company and Asphalt Roads and Materials Company, incorporated,
the terms of which have previously been approved, be and hereby
are ratified and confirmed in all respects.
AP','P,OVED Ac@ TO C,).',ITENT
JDB:er
4-19-82
qlfz-
- 1 9-
ITEM II-F.3.c ITEM #18074
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to DEFER FOR TWO WEEKS (May 3, 1982) the
Resolution setting forth the policy of the City of Virginia Beach
in regard to extension of the public water and/or sewer systems into
areas developed prior to the availability thereof.
Voting: 1 1 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
20 -
A R@SOLLT-I-IT 011-1@'
OF @-HE C-ITY OP VIRG!t,'IA BEA@-@'i IN
RE(iARD TO OF THY,' P@l'@"LIC
T@1-0
DF,VFE,C)PFD PRIOR TO TfiE AV"l-',,'@BILITY -@i'-7REOP
WHEREAS, many areas exist in the City pf Virginia Beach
which were developed prior to availabi'.ity of public wa-ler and/or
sewer to such areas; and
1,W.EREAS, real or potential health and safetv hazards
may exist in such areas as a result of tlie inability of soil
conditions to continue to support septic tank and other on-site
disposal systems and of the pollution caused by the
malfunctioning of such systems; and
WHEREAS, real or potential health and safety hazards
may exist in such areas as a result of the unavailability of C,
adequate supplies of groundwater fit for human consumntion and in
sufficient quantities to meet demands for fire protection needs;
and
WHEREAS, the City of Virginia Beach has recoqnized t,he
need to extend public sewer and water service into such'areas and
has, since the 1960's, followed a policv for orderly extension of
sucli service based upon long-established criter4@a; and
WHEREAS, extentions to the svstem are accomplished
through tho wate-- and sewer enterprise fund established for that
purpose and the fees generated are necessary to maintain the
financial integrity-of the fund so that it can remain
self-supporting, and
WHEREAS, the Council of the City of Vir_qinia Beach
wishes to reaffirm its policy relating to extension of the public
water and sewer systems into such previously develoided areas and
to the construction of such water and sewer facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
--ITY OF VIRGINIA BEACH:
a., chall bo the policy of the Ci-ty of Vi-rqi@i@
I
I
Beach to evaltiate the possible extension of public water and
I
I
i
i
i
i
2 1-
sewer service into unserved areas whenever any of the followinq
conditions occur:
a. The Health Departr.,ert or otl)er appropriate puL31ic
agency determ4nes that a real or Poten-@ial heal'lh or safe@l,v
liazard exists, or
b. Fifty-one percent (51%) of the propertv owners in a
Predetermined service area sign agreements requesting city sewer
service, or
C. Seventy-five percent (75%) of the property owner
s
in a predetermined service area sign agreements recruesting City
water service; and
BE IT FURTHER RESOLVED, that upon the occurrence of any
one of sucb conditions, the Department of Public Utilities shall
furnish to the City Manager a service area map, an analysis of
need, a preliminary cost estimate, and a recoltmendation for sucli
extension project. The City Manager shall then present such
information to the Citv Council. If such area is not an
agricultural area or an area ecomonically infeasible for
connection to the Public Utility System, the Council shall
determine whether the project should be included in thc Capital
Improvements Proqram and, if so, what priori"y such project
should be given.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on
RHM/da
(RES)
3/17/82 DEFERRED by the Council of the City of Virginia
'4/24/82
beach, Virginia, on the Nineteenth day of @ril,
4-@9/82
1982
-2-
- 22 -
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18075
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the CONSENT AGENDA by ONE MOTION with the exception of II-G.1
which will be voted on separately.
Voting : 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 3 -
ITEM II-G.2 ITEM #18076
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the request of the City Manager and DENY
the application of The Beach Cruisers (Women's Adult Softball Team)
for a Raffle Permit.
V o t i n g :1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 4 -
ITEM II-G.3 ITEM #18077
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the request of the City Manager and
APPROVE the following Raffle Permits:
Plaza Recreation, Ltd.
American Diabetes Association (Tidewater Chapter)
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 5 -
ITEM II-G.4 ITEM #18078
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the request of the City Manager and
ADOPT the Ordinance to authorize the acquisition of a pump station
site for Lynnhaven Colony, Phase III, Section 3 and the temporary
easements either by agreement or by condemnation.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 6-
REQUESTED BY: CITY MANAGER/PUBLIC UTILITIES
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF A PUMP STATION
SITE FOR LYNNHAVEN COI,ONY,
PHASE III, SECTION 3 AND
TEMPORARY EASEMENTS EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project for public purposes for
the preservation of the safety, health, peace, good order,
convenience, and welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CO[INCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant t6
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Vi.rginia of 1950, as amended,
all those certain real property easements includinq temporary
easements as shown on the plans or plats entitled, Lynnhaven
Colony, Phase III, Section 3, Pump Station Site CIP 6-903, these
plans or plats being on file in the Department of Public
Utilities/Engineering, Virginia Beach, Virqinia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virqinia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons havinq an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said propertv.
Sectioh 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of V
Virginia, on the 11 day of April 19 8 2
JAR/kq/re
4/2/82
(9)
APP
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- 2 8-
ITEM II-G.5 ITEM #18079
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the request of the City Manager and
APPROVE the request of the City Treasurer for tax refunds in the
amount of $196.29.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
',E IT OP.DAINF@D Tiil- Cl F'@ C;;: F3 E,@, V i, @3 1 t,! 1
of tl'.C
I,' AH E Tzy I r,t. T
Year of '@ @-"X 14 v ri 6 e@, M@. P,-, i
"@a te of r'otet, Van Gunten 8i llil is %'! A 4 8 1 28.11
ohn dS@q i d c 3 I Pkng @19 1 3 12.00
8 i P@nq 559,)1
cli 12.0r@
ulian P!-, q,@ 82 Pkr,,g 20@'6@ 3/1
,utual @ec:ei@al & Loati 80 Rr (I /',o 4 12/1,/79 I?.@-5
@utual F'co,:,ral Sivings & Lo,3n 8 @, PE(2/2) 2C,43,-:-4 6/5/80 12.95
,jtua-I Fe@.@i-al Saii-,gs e@ I-oan 81 12/5/180 3.,-,0
,itu,,' led'i,al --)avings o a,-, 1 RE(',)/2) 311,@c-6 6 / 5 / C, 1 13.30
21.-icy &@,-r@e C ',' u s i c k 79 RE(1/2) 43561-1 1 'i / I / 7.3 2.06
aw@,y L' ! @@, t, -', ('"t%lus i ck 7D RE(',/@)NI 4, P,5 4 -- -i 5/17/79 2.06
e;,)c;y &Vii r i p@C u s . c, k 80 RE('@/2) 4 F 5 01 r" - I z 1 01'@19;,70, 4.71
ewey &@'a i@ i e U,@- i c 80 PE(',)/2) 5 7 / F, 0 A.71
e,,-.,e,, Li'@ a r0 @-lus -1 c k 8 1 i@ EI 5,1 I?-.76
,-V!ey a), C V',ii s i c k 31 E 5/,,/81 12.7[,
c,.@ev a r r s 4 C!, q il:-,. 'il
L2 RE(1/2@ 56@'6-6 10!21/Sl
e,"y ilia r -1 C i@llus -1 ck 1.2 rE 51@3,IS6-6 101,@21/Pl ir).31
Tctal 1 ,,6 2 c-i
Ihi.3 ordi:,,an@ slia"i b@ c@tforti%,(4 f,,o;,i dat@ of
The a!)at-r, c-t(,) t-tc,!:riC
#1 96 . 29_ a -Y
- v@ ,e veki i,
ih(? Councii of !lie City cf Vi!yin!Ei
(3each on tl:3 I -9day 3i
_p-r i
1) r,) v -,i d [cini:
flutit Flodges
City --I@ik
City f@ ttc,i;,
- 3 0-
ITEM II-G.1 ITEM #18080
Miss Jean Campbell, Executive Director of Poseidia Institute, Inc.,
spoke in favor of the raffle permit.
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and DENY the request of Poseidia Institute for a Raffle Permit.
Voting : I 0 - 0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
E. T. Buchanan
Council Members Absent:
None
- 3 1-
P L A N N I N G A G E N D A
ITEM II-H.I.b ITEM #18081
THE MAYOR PERMITTED THIS MATTER TO BE BROUGHT FORWARD
Attorney Grover C. Wright, Jr., represented the applicant
The following spoke in opposition:
Nancy Parker, Old Beach Civic League
Mike LaGiglia, Jr., representing Old Beach Civic
League and residents in area.
George Georghiou, resident in area
Mike LaGiglia, Sr.
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the application of GUY-DAN, INC., T/A
GHOSTLY GOLF for a Conditional Use Permit as per the following subject
to the inclusions of the following conditions.
The applicant will be required to furnish 42
parking spaces
There shall be appropriate fencing along the
northern property line
No music will be played after 10:00 p.m.
All lighting be directed away from the
residential area and onto the property.
ORDINANCE UPON APPLICATION OF GUY-DAN, INC., R0482452
TJA GHOSTLY GOLF FOR A CONDITIONAL USE PERMIT
FOR A MINIATURE GOLF COURSE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Guy-Dan, Inc., T/A Ghostly
Golf for a Conditional Use Permit for a miniature golf
course on certain property oc t@ed at the Northeast corner
of 21st Street and Arctic Avenue, running a distance of
200 feet along the North side of 2]st Street, running a
distance of 140 feet along the Eastern property line,
running a distance of 200 feet along the Northern property
line and running a distance of 140 feet along the East
side of Arctic Avenue. Said parcel contains .65 acre.
VIRGINIA BEACH BOROUGH.
- 3 2 -
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer. Restroom facilities are
to be provided.
3. A variance from the standard parking requirements
will be required. The site plan for "The Haunted
House" was approved for 33 spaces. Parking for a
miniature golf course is at a ratio of 1.5 spaces
per hole. The applicant has proposed 25 spaces.
The applicant will be required to furnish 42 parking
spaces.*
4. There shall be appropriate fencing along the northern
property line.
5. No music will be played after 10:00 p.m.
6. All lighting will be directed away from the
residential area, and onto the property.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of tbe City of Virginia Beach, Virginia.
on the Nineteenth day of A 1982.
*Total of 42 parking spaces includes 33 for The Haunted House, plus 9 additional
spaces.
Voting: 6 - 5
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Mayor J. Henry McCoy, Jr.,
D.D.S., and Patrick L. Standing
Counyil Members Voting Nay:
Barbara M. Henley, Clarence A. Holland, M.D., W. H
Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
- 3 3 -
ITEM II-H.2.d ITEM #18082
THE MAYOR PERMITTED THIS MATTER TO BE BROUGHT FORWARD
Miss Pat Rohr represented the applicant and requested this matter be
deferred as Mrs. Hernandez was out of the Country.
The following spoke in opposition:
Attorney Grover C. Wright, Jr., represented
John Tromba
Nelson Sabin deferred his comments to the
President of the Great Neck Estates Civic League
Max Gunn, President of Great Neck Estates Civic
League, presented petitions in opposition to the
proposed use permit (a copy of which will be made
a part of these proceedings)
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of JUDY AMICK-HERNANDEZ for a
Conditional Use Permit as per the following:
Ordinance upon application of Judy Amick-Hernandez for
a Conditional Use Permit for a day care center on certain
property located on the North side of Great Neck Circle
beginning at a point 108 feet West of North Great Neck Road,
running a distance of 130 feet along the North side of
Great Neck Circle, running a distance of 209.03 feet along
the Western property line, running a distance of 130.02 feet
along the Northern property line and running a distance of
207 feet along the Eastern property line. Said parcel
contains .62 acre. LYNNHAVEN BOROUGH.
3 4-
V o t i n g 1 1 - 0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 35-
ITEM II-H.l.a ITEM #18083
Richard Browner represented the applicant
Lyle Wermers, designer of Sylvan Lakes, spoke in opposition
Timothy Barrow, resident of area, presented Council a letter
stating his opposition to the proposed zoning change.
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of JOHN BAINES AND C. S. YODER
for a Change of Zoning District Classification as per the following:
Ordinance upon application of John Baines and C. S.
Yoder for a 'h:n' ing District Classification
from R-5 Re,id nt7aTfDlosZrict to 0-1 Office District
on certain property located on the North side of
First Colonial Road beginning at a point 300 feet more
or less West of Mill Dam Road, running a distance of
2004.73 feet along the North side of First Colonial
Road, running a distance of 458.43 feet in a North-
easterly direction and running a distance of 2124.58
feet in a Southeasterly direction. Said parcel contains
11.172 acres. LYNNHAVEN BOROUGH.
Voting: 6-5
Council Members Voting Aye: (for denial)
E. T. Buchanan, F. Reid Ervin, Barbara M. Heriley,
W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
John A. Baum, Vice Mayor Harold Heischober, Clarence
A. Holland, M.D., Reba S. McClanan, and Mayor J. Henry
McCoy, Jr., D.D.S.
Council Members Absent:
None
- 3 6 -
ITEM II-H.2.a ITEM #18084
Attorney Thomas C. Broyles represented the applicant
Upon motion by Councilman Baum, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ROBERT W. WOODHOUSE,
III, M.D., for a Change of Zoning District Classification as
per the following:
ORDINANCE UPON APPLICATION OF ROBERT W. WOODHOUSE, Z0482651
III, M.D., FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM B-1 BUSINESS-RESIDENTIAL DISTRICT TO
A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Robert W. Woodhouse, III,
M.D., for a Can 7 District Classification
from B-1 Busines?!Reo idoennit 'al District to A-2 Apartment
District on certain property located at the Southeast
corner of Laskin Road and Red Robin Drive, running a
distance of 306.26 feet along the South side of Laskin
Road, running a distance of 176.56 feet along the Eastern
property line, running a distance of 316.20 feet along the
Southern property line and running a distance of 176.48
feet along the Eastern side of Red Robin Drive. Said
parcel contains 1.265 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements: pavement widening, curb
and gutter, sidewalk and storm drainage facilities
shall be addressed during site plan review.
4. The developer shall provide an adequate drainage
outfall system with all necessary downstream
improvements and easements.
5. A 10-foot dedication along the frontage on Laskin Road,
70 feet from the centerline of the existing 120-foot
right-of-way to provide for an ultimate 140-foot right-
of-way as per the Master Street and Highway Plan. Sufficient
right-of-way exists along the frontage on Red Robin Road.
6. The vacation of the existing lot lines in order to avoid
the creation of nonconforming lots.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Nineteenth day of April, 1982.
3 7 -
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 38 -
ITEM II-H.2.b ITEM #18085
Mrs. Collins spoke in behalf of her application
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THOMAS P. AND JOANN L.
COLLINS for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF THOMAS P. AND R0482453
JOANN L. COLLINS FOR A CONDITIONAL USE PERMIT
FOR A HOME OCCUPATION (PERFORMING AND TEACHING
ELECTROLYSIS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Thomas P. and Joann L. Collins
for a Conditional Use Permit for a home occupation (electrolysis and
teaching of) on certain property located on the North side of
Bells Road beginning at a point 850 feet more or less West of
South Birdneck Road, running a distance of 75.06 feet along the
North side of Bells Road, running a distance of 199.86 feet
along the Western property line, running a distance of 75 feet
along the Northern property line and running a distance of 202.62
feet along the Eastern property line. Said parcel contains .346
acre. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of three (3) years.
2. Compliance with Article 2, Section 229 of the
Comprehensive Zoning Ordinance pertaining to
home occupations.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Nineteenth day of @ i@, 1982.
3 9 -
Voting 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 0 -
ITEM II-H.2.c ITEM #18086
Mrs. Allen, Secretary to APAC, represented the applicant
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of APAC OF VIRGINIA, INC., for
a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF APAC OF VIRGINIA, R0482453
INC., FOR A CONDITIONAL USE PERMIT FOR A LAND-
FILL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of APAC OF VIRGINIA, INC., for a
Conditional Use Permit for landfill on certain property lo-
cated on the East side of Oceana Boulevard beginning at a
point 3825 feet South of the Norfolk and Southern Railroad
Right-Of-Way, running a distance of 1476.07 feet along the
Southern property line, running a distance of 2815.84 feet
along the Eastern property line, running a distance of 355.74
feet in a Southwesterly direction, running a distance of
405.24 feet in a Northwesterly direction, running a distance
of 156.46 feet in a Westerly direction, running a distance of
232.32 feet in a Northwesterly direction, running a distance of
112 feet in a Southwesterly direction, running a distance of 251
feet in a Southeasterly direction, running a distance of 501 feet
in a Southwesterly direction, running a distance of 121.05 feet
in a Westerly direction and running a distance of 2514.80 feet
along the Western property line. Said parcel contains 140 acres.
LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. No excavation, filling, dredging or bulkheading will be
allowed without obtaining the necessary permits from
State. Local and Federal Agencies, including the State
Health Department, Division of Solid and Hazardous
Waste Management.
3. A variable width drainage easement for Canal No. 1 is
to be dedicated to the City of Virginia Beach.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Ninet-eenth day of April, 1982
- 41 -
Voting 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 2-
ITEM II-H.2.e ITEM #18087
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of GATEWAY FREEWILL BAPTIST
CHURCH for a Conditional Use Permit as per the following; subject to
the applicant agreeing to the conditions.
ORDINANCE UPON APPLICATION OF GATEWAY FREEWILL R0482454
BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT
FOR A GROUP HOME (WEEKEND USE FOR MILITARY
PERSONNEL)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Gateway Freewill Baptist
Church for a Conditional Use Permit for a group home
(weekend use for military personnel) on certain property
located on the South side of Virginia Beach Boulevard
beginning at a point 520 feet more or less West of Toy
Avenue, running a distance of 60 feet along the South
side of Virginia Beach Boulevard, running a distance of
413.10 feet in a Southwesterly direction, running a
distance of 196.80 feet in a Northwesterly direction,
running a distance of 213.13 feet in a Northerly di-
rection, running a distance of 217.28 feet in a North-
westerly direction, running a distance of 1310.63 feet
along the Western property line, running a distance of
864.82 feet along the Southern property line, running
a distance of 1226.38 feet along the Eastern property
line, running a distance of 160 feet in a Northwesterly
direction, running a distance of 225.41 feet in a South-
westerly direction, running a distance of 146 feet in a
Northwesterly direction, running a distance of 200.41
feet in a Northerly direction, running a distance of
96 feet in a Northwesterly direction and running a di-
stance of 212.96 feet in a Northerly direction. Said
parcel contains 25 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A 20-foot dedication for the frontage on Virginia
Beach Boulevard, 80 feet from the construction
centerline of the median, together with a variable
width permanent drainage easement along the western
property line where it intersects the proposed right-
of-way of Virginia Beach Boulevard.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Nineteenth day of April, 1982.
- 43 -
Voting 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
ITEM II-H.2.f ITEM #18088
Attorney Vince Olivieri represented the applicant
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ROBERT L. WOOD for a
VARIANCE to Section 4.4(b) of the Subdivision Ordinance as per the
f ol]owing
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Robert L. Wood. Property located on the
South side of Lookout Road, 302 feet East of Sea View
Avenue. Plats with more detailed information are
available in the Department of Planning. BAYSIDE BOROUGH.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance, which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide a .489 acre undeveloped parcel into two
(2) lots .229 and .26 acres in size.
Voting 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 5-
ITEM II-H.2.g ITEM #18089
COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS
Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan,
City Council voted to uphold the request of the City Attorney and DEFER
ONE WEEK (26 April 1982) the following Ordinances:
Ordinance to amend and reordain Article 1, Section
105(f) of the Comprehensive Zoning Ordinance per-
taining to nonconforming uses
Ordinance to amend and reordain Article 2, Section
221(g) of the Comprehensive Zoning Ordinance per-
taining to conditional uses
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D.
4 6 -
Atl OPDltl"@@,CE -10 f,@49
AIZIICL-- 1, ')EC-rlO'I' 105(f)
I'El C U
BE IT ORDAII@ED BY TFE COut@CIL OF TIIE CITY OF VIRGINIA BEACII, @tIRGII@IA,
That Article 1, Section 105, t4onconforniing Uses, of the C.Z.O. is amended
aiid i-eord.-,ined in part by.adding the follo@.,,ing:
(f) ndei, Constrticfion. lierein
clip,rice in tl,.e plans T-or const@-LICtiOll
ac,,fl for @@Iiicii an ctlv s -,@ e
rit a[)Di-o\,ed subdivision
iicy @.,,as I,,@@,,7u]ly issuci prio,,@ to
@,dinance, ol' 0, all
-Y tliei,eto.
Adopted @y the Council of the City of Virgiiiia Beach, Vil'ginia, on the
clay of 11082.
s:g
ri
SIGN,%TLIr.
CITY ATT02t,:Y.
c
LU
c:
DEFEkt<@D i)y tii eCouncil of the City of.Virginia Beach,
Virginia., on the Nineteenth day of April, T982.
TO
Al,"i-ICLE 2, St-CIIO@'i 221(9)
OF TliE Co:ll@pp@-fi@l,!SIVE ZOi'il@'@-@ 0;@IDI;,'A@@CE
PERTAlt,'!@.'G '@O tis,t-:s
BE IT OI@DAII\IED BY TIIE COUI"CIL Or- T!iC-- ',IT' Oi'- V'R@li'iiiA
That Ai'ticle 2, Section. 2011(9) 01 tlie Co!ll.l)!-c.,Iie.,isive Z,,,@ng Ordii,a:irc is
aiiiended and reoi-d@iined in part as follol-is:
(9) 'Unless otlieri-,,ise I)rovided i..,hen'a conciitional use pe)-mit is issuod,
L-lie applicant r,,ust s.ho,,-i and beai- c,%,idei,,ce ir, cood .@a',-@ii of Iiis
inteii-LiOll tO proceed tqi'li tlie const)luctioii an@ use of the land.
Cons@Lructioii shall begin oi@ thc use of the latid for %.;Ilich a
conditional. use pei-iiit has been obtained sl@iall colli-elice 1-litilin
ti,ielve (12) niotitlis froin the date of isstiiiice ol' s@ild permit;
said I)eri,-,it sli@ill be void. Pi-ior to tlie endilig of
the tiielve (12) i-,oiith pei,iO'J, Lipon %,i)@itten i,equest b, the
-il use 1)er;nit
applicant to tlie Plannitig Di)-ec-o)-, tlil conditionl
sliall be extended foi, an ad,@'itional six T6@w. All cciiditicnal
tise perinits iiot acted Lpon as set foi-th above sliall bc,.col@ll.vol
eigliteen (18) rioiiths froi,,i date of isstiar)ce. tict-,.iitlistF@.ndilll @-illy-
tliing iii 'Ll,,e zotiiiin distr,ict @-e(,ulations to @ill, orltrl@rl/@"r-cl,-,
-c o-i -, d-i t i-o -i o c,)n-
sti-uction oi-
To-f Ii e-c o ii @i -
-iiid rec,.@i c@,.
n - h@c., oiicii ses accessoi-V 41 @),eLc)
allci.@ed ot is iii its
3!) s all oi,ii,
t e)-m
1, colisti,@@( I 11 r @sc, "Ill CC,-iljul,cc-lotl
is a
c c.
c bp
0 T,),,j c L inn
is ll)ltlated. Const)@,iction c), use
LDa- o. Tne str lias
ace.
Adopted by the Council of the City of Vi.)-ginia Beach, Vi..rgi.nia, on tlie
day of 1982.
Cl-fY ATTC'@IEY
F i t i Courci of 'lie Cit ol@ Virc iiiia Beil@cli
- 4 8-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.l.a ITEM #18090
COUNCILMAN HOLLAND RETURNED TO COUNCIL CHAMBERS
Upon motion by Councilman Buchanan, seconded by Councilman Baum,
City Council voted to ADOPT the Ordinance amending Chapter 2 of
the Code of the City of Virginia Beach, Virginia, by adding a
new Section relating to administration with the following changes
and ADDITIONAL WORDING:
Paragraph 2 - That City Council w4;; shall meet with
the City Manager, City Attorney and Clerk of Council
at the first regular Council meeting of the months of
July, October, January, and April for the purpose of
discussing assignments and performance.
Paragraph 3 - That City Council w4ll shall meet with
the Real Estate Assessor and High Constable at the
first regular Council meeting of the months of July
and January for the purpose ot discussing assignments
and performance.
SUCH MEETING MAY BE DEFERRED OR WAIVED BY FORMAL VOTE
OF COUNCIL.
AND, ADOPT the Resolution directing the Personnel Director to remove
the five direct Couiicil appointees from the City's pay plan.
Voting : 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchaanan*, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE" FOR APPROVAL
4 9 -
AN ORDINANCE AMENDING CHAPTER
2 OF THE CODE OF THE CITY OF
VIRGINIA BEACII, VIRGINIA, BY
ADDING A NEW SECTION RELATING
TO ADMINISTRATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
(1) That annually in October of each year the Mayor and
Vice-Mayor shall submit a report to city council evaluating the
performance of its direct appointees, namely, the city manaqer,
city attorney, clerk of council, city real estate assessor, and
high constable.
(2) That city council shall meet with the city manager,
city attorney, and clerk of council at the first regular council
meeting of the months of July, October, January, and April for
the purpose of discussing assignments and performance. Such
meetings may be deferred, or waived, by formal vote of Council.
(3) That city council shall meet with the city real
estate assessor and hiqh constable at th@ first regular council
meeting of the months of July, and January for the purpose of
discussing assignments and performance. Such meetinqs may be
deferred, or waived, by formal vote of Council.
(4) Notwithstanding any other provisions of law, the
direct appointees of council mentioned in (1) above shall have
their salaries and benefits determined annuall-y in October by
action of city council.
This ordinance shall be effective from date of
June 1, 1982.
ADOPTED: 19 April 198'@'
4/21/82
4/14/82
4/12/82
(A)
At a meeting of the Coundil of
the City of Virginia Beach held
on the 19 dzry of April, 1982,
the following resolution was
adopted
R E S 0 L U T I 0 N
WHEREAS, City Council desires to evaluate the
performance of its direct appointees; and
WHEREAS, City Council also desires to remove
these appointees from the pay plan of the City of virginia
Beach:
THEREFORE, BE IT RESOLVED BY THE COUNICIL OF THE
CITY OF VIRGINIA BEACH-@
THAT the Director of Personnel is hereby directed
to remove the five direct Council appointees from the City's
pay plan.
This resolution shall become effective on June
1, 1982.
ADOPTED 19 April 1982
JDB:er
4-19-82
APpp,OA.In'@, AS TO Co@@ITE@IT
DEP,@,@Tt" @'4T
CIIMY ATf-1)@,NEY
- 51-
L 0 W B I D S
ITEM II-I-2-a ITEM #18091
The following bids have been received for the Independence Boulevard
Timberlake Project (CIP 5-934):
A. Stuart Bolling Company, Inc. $193,451.00
Vico Construction Corporation $196,050.00
Suburban Grading & Utilities, Inc. $209,278.00
Engineer's Estimate $320,660.00
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of A. Stuart Bolling Company, Inc., in the
amount of $193,451.00 and authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 2 -
A P P 0 1 N T M E N T S
ITEM II-J.1 ITEM #18092
City Council DEFERRED until a future Council meeting appointments to
the CITIZENS ADVISORY COMMITTEE.
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #18093
Upon motion by Councilman Ervin, City Council adjourned at 3:45 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges 50ith, CMU, City C erk Mayor J. Henry McCoy, Jr., D.D.S.
City of Virginia Beach,
Virginia
19 April 1982
dmh/led