HomeMy WebLinkAboutJUNE 21, 1982 MINUTES
Cit@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY McCOY JR., D.D.S., K,.p..ill@ B.@.gb
VICE..MAYOR /iA,70LD IIEISCHOBER, A, L.,.
IOIIN A. BAIJM, B.-.gb
E. T. BUCHAVAN. Ly@.b.,,,. B .... gb
F. REID ERVIN. A, L.,g,
BARBARA M. fiENI Ey, P.@g@ B-@-gb
CLARENCE A. T]OLLAND. AI.D., 8 ... id, B.@.gb
U'. H. K17CHIN, Ill, Vili@i- B@-lb 8-@-gh
REBA S. it,CLAVAN, P,i@c@@, A.@, B.,@.gh
MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDING
PATRICK L. STANDING, A, L.,g. WUNICIPAL CEN7=R
VIRGINIA BEACH. VIRGINIA 23436
RUTH HODGES SMITH. City Cl,lk 1804) 427-4303
CITY COUNCIL AGENDA
June 21, 1982
ITE,li I INFOR,'IAL SESSION: 12:30 p.m.
A. CALL TO ORDER Mayor J. Henry McCoy, Jr.
B. ROLL CALL OF COUNCIL
C. tiOTION TO RECESS INTO INFORIIAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUS""'ON OF PERTINENT tlATTERS
1. Matters for discussion by !Iayor.
2. tiatters for discus
E. CITY MANAGER'S ADMINISTRATIVE ITETIS:
1. Proposed urv by the Arm,y Corps of Enqineers on Beach
Usage: D7scu:yion by Mr. James RicKetts, Department of
Economic Development
2. Hospitalization Plan: Briefing by tir. Giles G. Dodd,
Department of Fina@ce.
ITEM II FORtlAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend T. E. Thieman, D.D.
Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
2
ITEM II D. MINUTES OF PREVIOUS MEETING:
1. Correction to Minutes of June 7, 1982, Item No. 18211, to
remove from the adopted Resolution the following words:
"The payment schedule shall be as set forth in Exhibit
"A" attached hereto and incorporated by reference";
AND,
2. Correction to Minutes of June 14, Item No. 18304, to remove
reference to "Option No. 6 of the City Manager's reconunenda-
tions".
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Ordinance, on SECOND READING, to accept grants totaling $60,025
from the Division of Justice and Crime Prevention, and to
appropriate these funds for certain purposes.
2. Ordinance to amend and reordai@i Section 21-398 of the Code
of Virginia Beach pertaining to hours during iihich division
is applicable.
3. Ordinance to amend and reordain Chapter 21, Section 21-75,
Subsections (a), (b), (c), (d), and (e) of the Code of the
City of Virginia Beach relating to motor vehicle I-.cense
tax rates.
F. PLANNING ITEMS
1. Application of William S. Hudgins for @ change of zoning from
R-7 Residential District to 1-1 Light Industrial District on
an 11,950-square foot parcel located along the east side of
Sykes Avenue, north of Southern Boulevarci (Lynniiaven Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
2. Application of James Parks Atkitison, FrankVernon Atkinson, Jr.,
and Betty G. At l@nson for a change of zoning from R-6 Resideritial
District to A-2 Apartment District on a 21,780-square foot
parcel locafed-along the south side of "B" Street, west of Bar-
berton Drive (Lynnhaven Borouah).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
3
ITEM II F. PLANNING ITEMS (cont'd)
3. Application of Susan Noel Miller Clark for a change of zoning
-b @l@
TFf-if I C-@C-2- Comiitinit
from AG-2 Agric ur i - c y-Business
District on a 29,812-squa-e foot pai,cel located along the west
side of Princess Anne Road, south o,' Indian River Road (Pungo
Borough).
Letter from the City Manager transriits the recommendation of the
Planning Commission for oval.
4. Application of Colonial Service Lo@oration for a change of
zoning from R-1 Residential District to R-2 Residential Dis-
trict on a O@2-@acre parcel located at the southeast inter-
section of North Witchduck Road and Bridgehanipton Drive
(Bayside Borough).
Letter from the City Manager transmits the recommendation of the
Planning Commission for oval.
5. Application of Colonial Serv-tce Corporation for a conditional
use permit for open space promotion on a 30.2-acre parcel
located at the southeast intersection of North Witchduck Road
and Bridgehampton Drive (Bayside Borough).
Letter from the City Manager transmits the recommendation of the
Planning Commission to allow withdrawl of the application.
6. Application of r a conditional
use permit for ) on-a 10.67-
acre parcel loc nt Road, east
of North Muddy Creek Road (Pungo Borough).
Letter from the City Manager transmits the recommendation of the
Planning Commission for @r v@l.
7. Application of Virginia Beach Cam ound , Inc., KOA, for a con-
ditlona use mi t for the expansion of the adjoininq qas station./
't 1tio P:r r site on 9@,250-square foot parcel located a-iong
re ra c nt@
the south side of South Birdneck Road, east of General Booth Boule-
vard (Princess Anne Borough).
Letter from the City Manager transmits the recommendation of the
Planning Commission for approva-i.
8. Application of Robert M. Bosher for a conditiona ernit for
an ard to be located on a five-
acr t side of South Birdneck Road,
south of Bells Road Princess Anne Boroughl.
Letter from the City Manager transmits the recommendation of the
Planning Commission for approval.
9. Request of Randall H.,Grissom for variances to Sections 4.4(a)-
and (b) of the Subdivision Ordirance which require that lot size,
width, depth, shape, orientation, and minimum building setback
lines shall be appropriate for the location of the subdivision and
the type of development and use contemplated, and that lot dimen-
sions shall conform to the Comprehensive Zoning Ordinance. He
wishes to subdivide 4,302 square feet of.@ a larger 35,868 square
foot parcel in order to coiivey it to an adjoining lot. This pro-
Letter froni the City l,'ianager transmits the recommendation of the
Planning Commission for @ @ov@.
4
ITEM II G. ORDINANCES
1. Appropriations - First Readings
a. Ordinance, on FIRST READING, to accept a grant from the
Department of Corrections totaling $117,566 and to ap-
propriate these funds for the Virginia Beach Community
Diversion Program.
b. Ordinance, on FIRST R@IADING, to appropriate funds of $73,842
for additional positions and related appropriations in the
City Attorney's Office.
c. Ordinance, on FIRST READING, to appropriate funds of
$50,000 to the court system for public defender costs.
2. General
a. Ordinance establishing a City Employee Court Leave Policy.
(Deferred from April 19, 1932, until today).
b. Petition of Jack and Dorcas Helfant for the closure of a
portion of Old Virginia Beach Boulevard. This area con-
sists of a 30-foot undeveloped right-of-way totaling
4,530 square feet (Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission, and the Viewers concur, for
approval.
c. Petition of Henry C. Gregory for the closure of a portion
of Cape Henry Drive. This area consists of an undeveloped
25-foot right-of-way totaling .17 acre (Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission, and the Viewers concur, for
approval.
d. Petition of Robert A. Barr for the closure of a portion of
a 15-foot alley totaling 375 square feet at Croatari Beach
(Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission, and the Viewers concur, for
denial.
H. UNFINISHED BUSINESS
I. NEW BUSINESS
J. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 June 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Vice-Mayor Harold Heischober in
the Conference Room, City Hall Building, on Monday, 21 June 1982
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, E. T. Buchanan, Vice-Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, M.Dt, and Mayor
J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing**
ITEM #18326
Vice-Mayor Heischober 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. PUBLICLY HELD PROPERTY: Discussion or consideration of
the condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable ownership by such
institution.
2. PUBLIC FUNDS INVESTMENT: The investing of public funds
where competition or bargaining is involved, where if made
public initially the financial interest of the governmental
unit would be adversely affected.
3. LEGAL MATTERS: Consultation with legal Counsel or briefings
by sta@f embers, consultants or attorneys, pertaining to actual
or potential litigation, or other legal matters within the
jurisdiction of the public body.
*COUNCILMAN HOLLAND ENTERED MEETING AT 12:32 p.m.
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Upon motion by Councilman Buchanan, seconded by Councilman Baum, City
Council voted to proceed into EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting : 8-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing**
**COUNCILMAN STANDING ENTERED MEETING AT 12:33 p.m.
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M A T T E R S B Y T H E M A Y 0 R
LETTER/HAROLD KING ITEM #18327
Vice Mayor Heischober advised Council of letters from Mayor McCoy and
Norfolk Mayor Vincent Thomas to Harold C. King, Commissioner of the
Department of Highways and Transportation, concerning:
Interstate 64 - improvements to Interstate
Route 564 near Little Creek south to Indian
River Road in the City of Chesapeake.
Interstate 264 - improvements to Interstate
Route 264 from downtown Norfolk to Virginia
Route 44 in the City of Virginia Beach
Interstate 564 - Interchange ramps to the
Interchange of Interstate 564 for improved
service to and from the U. S. Naval Base.
Vice Mayor Heischober advised further the above have been placed
back into the State's Road Allocations.
BUSINESS COMMUNICATION ASSOCIATES ITEM #18328
Vice Mayor Heischober advised the City Clerk received a letter from
Business Communications Associates with respect to bidding for radio
maintenance contracts of the City.
Vice Mayor Heischober requested the City Manager to study the content
of that letter and report his recommendations back to Council.
7-11 LIQUOR LICENSE ITEM #18329
Vice Mayor Heischober advised Council of a letter received from
Mrs. Ada DeMint concerning a 7-11 store and its request to obtain
a liquor license and the problems of video games.
Vice Mayor Heischober requested the City Manager to advise Mrs. DeMint
of her options as "there are not too many things that Council can do,
but there are some tbings that Mrs. DeMint can do".
Councilwoman McClanan advised Council that "the one thing in her letter
that we can do is we can oppose the wine and beer license request".
The City Attorney suggested the Police Department "look into" the
matter and based upon their recommendation Council can decide whether
to oppose the request or not.
Vice Mayor Heischober requested the City Manager to contact the
Police Department and return to Council with a recommendation "they
can act on".
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KEMPSVILLE/COUNTY UTILITIES ITEM #18330
Vice Mayor Heischober advised that County/Kempsville Utilities
Resolution and Ordinance did not get into the Council Agenda,
however, it was included in the Agenda Package. The matter
has been placed on the REGULAR AGENDA under UNFINISHED BUSINESS
of today's meeting (21 June 1982).
M A T T E R S B Y C 0 U N C I L M E M B E R S
BLACKWATER BOROUGH ITEM #18331
Councilman Baum requested the City Clerk prepare a Resolution to
area newspapers advising the Blackwater Borough is in the City of
Virginia Beach and the residents in the area are entitled to THE
BEACON.
PRESS RELEASEIREFUSE DISPOSAL ITEM #18332
Councilman Buchanan thanked the City Manager for the Press Release
on the refuse disposal at the schools. Councilman Buchanan advised
he had received several telephone calls from residents and it occurred
to him that perhaps the Press Release can be "made up into some kind
of cheap sign along with the telephone number of Refuse Disposal"
which may eliminate the City Manager receiving telephone calls late
into the evening.
BACK BAY STUDY COMMITTEE ITEM #18333
Councilwoman Henley advised the Back Bay Study Committee met on
21 June 1982 and as part of their discussion asked for the
report by the Staff concerning recommendations for the Ocean
Island application. The report will be forwarded to the City
Manager's office and Councilwoman Henley requested the report
be on the Council Agenda of June 28, 1982, with the appropriate
Resolution.
SECTION 912, PART C(l), CZO ITEM #18334
Councilwoman Henley advised "it came to my attention in relation to
one of the Planning Items today, Council may wish to amend Section 912,
Part (C)(1) of the Comprehensive Zoning Ordinance relating to side
yard setbacks. The present requirement is when B-2 Community-Business
District adjoins the side or rear yard of a zoning lot in a Residential
or Apartment District without an intervening street, it provides for a
25-foot setback; however, such a setback is not required if B-2 adjoins
AG-2, which is the Residential-Agricultural District . The City may
wish to amend Section 912, Part C(l) of the CZO to include Agricultural
2 District in the Section.
Councilwoman Henley requested the Planning Commission study this
matter and repoot its recommendations back to City Council.
- 5 -
MILITARY FAMILY HOUSING ITEM #18335
Councilwoman Oberndorf advised the Southeastern Virginia Planning
District Commission has been "dealing" with the Military Family
Housing and two studies have been conducted by SVPDC. One was
entitled "Implication of Proposed Navy Expansion on Southeastern
Virginia" completed in June of 1981 which stated approximately
48,000 families would be coming into the area within the next
ten (10) years due to the expansion of the Naval forces. The
second study "The Analysis Forecast of the Southeastern Virginia
Housing Market"; which @qas completed January of 1982. An Ad Hoc
Committee was fornieu to make proposals to the Federal Government
and work with the Navy chain of command.
Councilwoman Oberndorf requested she and David M. Grochmal be
permitted to draft a Resolution for Council's consideration advising
the City's Congressional representatives Council would encourage
them to permit private developers to construct multiple-unit as
well as single-unit leasing; up to 50,000 units as opposed to
10,000 units currently being leased any one time, Nation-wide. The
per unit expenditures should be changed and the lease may be entered
into for not more than twenty-five (25) years as opposed to the current
one year leasing.
Domestic Leasing 10 USC 2686 is the title of the proposed legislation.
Vice Mayor Heischober requested the City Manager meet with Councilwoman
Oberndorf and Mr. Grochmal to prepare the Resolution for the Agenda of
28 June 1982.
LAND USE CONFERENCE ITEM #18336
Councilwoman Oberndorf advised she had the opportunity to attend
a Land Use Conference in Wintergreen this past weekend (June 18,
19 and 20, 1982) funded by the Virginia Endowment for the Humanities.
A draft of the proposal will be forwarded to each person attending
the Conference and Councilwoman Oberndorf will provide copies to
each Council Member.
I N F 0 R M A L S E S S I 0 N
ARMY CORPS OF ENGINEERS IEM #18337
The City Manager advised Council of a proposed questionnaire by
the Army Corps of Engineers and introduced James Ricketts, Tourist
Coordinator with the Department of Economic Development and A. James
DeBellis, Director of Economic Development.
Mr. Ricketts advised for approximately one (1) year he has been
meeting with the Corps of Engineers, who are compiling statistics
for Beach Erosion and Hurricane Protection Plan for the City of
Virginia Beach.
- 6 -
The survey will cost approximately $31,000. The City will fund
approximately $10,000 with the Corps funding the remainder.
The survey will provide Information on the density of beach usage,
the origin of the beach users, their economic impact while in the
City, their parking patterns and problems, their desire for
additional beach facilities and beach space, and other data that
will help the City plan tourist promotion, recreation and beach
improvement programs for the future.
A test survey will be done on June 25, 1982, and the full survey
will begin on July 3, 1982, and continue for several weeks. A
final draft of the questionnaire will be submitted for Council's
review June 28, 1982.
Mr. Jonathan Silberman, Professor, Old Dominion University, spoke
on this matter.
HEALTH CARE COVERAGE ITEM #18338
Giles G. Dodd, Assistant to the City Manager/Finance, advised Council
that bids have been received for the City's Health Care Coverage.
The City's Consultant from Edward H. Friend and Company has reviewed
the bids.
Initially, the City has asked for quotations on two plans: one (1) was
a High Option Plan, similar to what the City now has, and one (1) which
would offer lower benefits to employees; however, the bids received
did not show much reduction in premium costs to consider offering
the plans.
Mr. Dodd advised what is being recommended is a Modified Plan with
lower benefits and premium costs to the employees.
The lowest bid was received by the Prudential Insurance Company and
a Resolution will be presented to Council for their consideration
on 28 June 1982 authorizing the City Manager to enter into a contract
with Prudential Insurance Company to provide health care coverage to
municipal employees for Fiscal Year 1983.
Thomas Morrison, Edward H. Friend and Company, spoke on this matter.
The City Manager advised he received a telephone call from Blue
Cross/Blue Shield who requested they be permitted to review the
figures as they feel the City may have misinterpreted their
proposal.
SENATORAL DINNER ITEM #18339
The City Manager advised he has received telephone calls from citizens
concerned with the $2,500 spent on the Senatoral Dinntr held Saturday,
June 19, 1982. The City has not as yet received a bill for the
dinner, however, $2,500 was designated for that purpose.
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COURT LEAVE POLICY ITEM #18340
The City Manager advised there is an item on the Agenda concerning
Court Leave Policy and he has been advised by two (2) employees
that if consideration is to be given in this area some consideration
should be given to the Military Leave Policy. It is believed "military
leave" is federally mandated.
INVITATION ITEM #18341
Vice Mayor Heischober advised that next week (28 June 1982) Council
will begin at 5:00 p.m. to allow for a "Get Acquainted" of "out going"
and "in coming" Council Members at 6:00 p.m. The Formal Session will
begin at 7:00 p.m.
City Council recessed into EXECUTIVE SESSION, (1:10 p.m.)
-8-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 June 1982
2:00 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, Patrick L.
Standing
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
INVOCATION: Reverend T. E. Thieman, D.D.
Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM 11-D.1/2 ITEM #18342
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to APPROVE the Minutes of the Regular Meeting of
June 14, 1982 AS CORRECTED;
AND, APPROVED a correction to the Minutes of the Regular Meeting of
June 7, 1982.
June 14, 1982 - Item #18304 - remove reference to "Option
No. 6 of the City Manager's recommendations".
June 7, 1982 - Item #18211 - remove from the adopted
Resolution the following words: "The payment schedule
shall be as set forth in Exhibit "A" attached hereto
and incorporated by reference".
V o t i n g9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McC]anan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
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C 0 N S E N T A G E N D A
ITEM II-E ITEM #18343
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION.
V o t i n g :9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D,S.
-11-
ITEM II-E.1 ITEM #18344
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPTED ON SECOND READING the Ordinance to accept grants totaling
$60,025 from the Division of Justice and Crime Prevention and to
appropriate these funds for certain purposes.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
1 2 -
AN ORD@@ TO AC(MPT @@@ 'IOTAI,E\IG
$60,025 l@l n-!E D.EVISICXI OF JUSTICE, I-M
C='E@ 'EO @P',zolRI2yrE T@, E
FLNDS FOR N P@)OSES
the City Council is interested in improving the Juvenile
Justice SystEm withi-n the City of Virginia Beach, and
WHEREAS, grants totaling $60,025 frcm the I)ivision o,- justice and
CriTne Prevention (D.JCP) have been awarded to the City for thi.s purpose, re-
quiring a local contribution of $4,172.
RE, BE IT ORDA= BY THE COT-INC= OF THE C= OF VIRGINTA
BEACH, VIRGINIA:
That funds totaling $60,025 frcin the above cjrants be accepted and that
these and a local contribution of $4,172 be appropriated for FY-83 as follows:
Runaway Hotline Procjram $ 25,035
Sierra II, Wilderness
Stress Program 39,162
Total Appropriation $ 64,197
That the appropriations be fi-nanced by $60,025 estimated revelue fran
DJCP, with a local contribution of $4,172 transferred frcxn the General Fund
Balance, and
That one personnel position be continued as currently authorized for
the Runaway Hotline Prograni, to be paid frcm the grant, iqith the employee class
to be deteimined by the City Manager.
This ordinance shall be effective frcm the date of adodtion.
Adopted by the Council of the City of Virginia Beach on the 2 1st
day of June 1982.
FIRST PEADING: June 14, 1982
SECOND READING: June 21, 1982
API'RO\IED AS TO CONT@INT
DEPAPTi@Et@T
--o r@
- 1 3-
ITEM II-E.2 ITEM #18345
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Section 21-398 of the
Code of the City of Virginia Beach pertaining to hours parking is
applicable at the Rudee Island Municipal lot.
Voting : 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
1 4 -
REQUESTED BY: CITY MANAGER/CHIEF OF POLICE
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-398 OF THE CODE OF VIRGINIA
PERTAINING TO HOURS DURING WHICH
DIVISION IS APPLICABLE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-398 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows.
Section 21-398. Hours during which division is applicable.
The provisions of this division shall apply to parking
from 10:00 a.m. to 6:00 p.m., except in the city-owned parkinq
area commonly known as the Rudee Island Municipal Lot wliere they
will apply 24 hours per day, on every day including federal and
state legal hol.idays and Sundays from May first to October first
of each calendar year.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 21 day of June 1982.
MES/re
6/9/82 S TO CC)IiyEt@iz
APPROVED A
- 1 5 -
ITEM II-E.3 ITEM #18346
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to amend and reordain
Chapter 21, Section 21-75, Subsections (a), (b), (c), (d) and (e)
of the Code of the City of Virginia Beach relating to motor vehicle
license tax rates.
Voting : 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
1 6 -
TO' @a) @@ii(i
Ti'l@ 1 T@Z
,3E la' rY 'I'ifE COU@,'Cl@ OF Tiir C-TY OF VIPG@NIZI.
13
VIR@@@IN;A:
Tliat Chapter 21, Sectiun 21-75 Subsections (a), (b), (c), (d)
and (e) of the Co(lle of the C-'Ity of Vi.rginia P-each are hereblv lTlen,-itd
and reordained as follows:
Section 2i-75. linposition of tax.
(a) There is hereby imposed an annual license tax, for each
license year as established by this article, on.motor vehicles,
trailers and semitrailers, tlie amount of which shall be as se-I forth in
the fo@.".owing subsection of this section.
(b) The license tax on a inotor vehicle, weighing four
thousand (4,000) pounds or less, designed and used for the
transportation of passengers, which shall include every such vehicle
which is self-propelled or designed for self-propulsion, regularly kept
in the city and used upon public roadways of the city, shall be
twenty dollars ($20.00), except as otherwise
speci.fically provided in this section. If the motor vehicle as above
described weighs in excess of four thousand (4,000) pouilds, the license
fee shail. be twenty-five doll.ars ($25.00) per
year fcr each license year.
(c) The license tax on a motorcycle shall be
+087991/2@ fifteen dc)llars ($15.00).
(d) The license tax on a utility, boat or camping trailer,
which is normally pulled by passenger car or s'@ation wagon, or a pickup
or panel truck, and which has a gross weight of six thousand fi%,e
liundred (6,500) pounds or less is
i-@3759+ eiqht dollai7s aiid @if y cent@@ ($8.50). Nothing in t',)@ls
paragrz,pli shall b@ coiistrucd as applying to trailers or semi.trailers
is I.i,7ir(i @,)r hLIM0,Ti b@,in,-fs or to
s:?mitrai-,Icrs )I)erateri iiiider tease or rentd.t dqrc@eliiprlv@ or. ut)@t.,-eu
f-]-ie as qiiart,(-.rs --or liu,,icn
1 7 -
bi pai,J, by
Lir)on n,,), LIS(2 t-.h(2 tritis,)
I @ C!, :@'. @l ", " 0
of passengers, whetl)c@r operated Liricier l@,ase or ilot. Tti(@ z,,inourill- of
license tax shall be deteripined by the gross we4.qht of the vehicl-e or
co,nhination of vch,@.cles of whi.ch it .Ls @ pal:-t, o,,ie to ti@p
capacity for whicii ii-. i-s regi.stered and licensed, by the state accordir@g
to the followipg schedule:
New Nt-w
Po,@iids Fee --F-,e Pounds Fop Fte
4,000 or less ... $1@764 $20.00 36,001 - 37,000 .... @46-.89 T51-.60
4,001 - 16,000 ... 20-.99 37,001 - 38,000 .... 48-.1-9
16,001 - 17,000 ... iGv&O 25.80 38,001 - 39,000 .... 49-.40
17,001 - 18,000 ... @.2-.+G 27.10 39,001 - 40,000 .... SGv4e 55.7'@'
18,001 - 19,000 -2-3-.49 -8.40 40,001 - 41,000 .... 5.2-.GG T7.@C,
19rOOl - 2 0 , 0 0 0 .24v-79 2,1.70 41,001 42,000 .... F,-3-.-39 @8 '.--@O
20,001 - 21,000 .2679G 7i 42,001 43,000 .... .54-.6o
21,00@i - 22,000 .2;VgG 'I= 43,001 44,000 .... 51/2790
22,001 - 23,000 -28760 60 44,001 45,000 .... 5-7-.-29 7,
2-),001 - -44,000 29v99 34.90 45,001 4J,000 .... 58-.59 63.50
24,001 - 2 5 O 0 0 ... 44-.@19 @ 60 . 24 LO' 46 , 0 01 4 7 , 0 0 0 .... 59-rag T4 -8 d
25,001 - 26,000 -3-2759 37.50 47,001 48,000 .... 64-.49 66@l('
26,001 - 27,000 ... 3-3789 38. 0 48,001 49,000 .... 6 4
27,001 - 28,000 ... -35-.49 . ' 49,001 50,000 .... 6-3-.-7G
28,001 - 29,000 ... 36-.4(4 41.40 50,001 51,000 .... 6-5700 70.0,@
29,001 - 30,000 3-77-79 42.70 51,001 - 52,000 .... 66-.-30
30,001 - 31,000 -39.zGO 4. 52,001 - 53,000 .... 6;-.6t,
31,001 - 32,000 45.30 53,001 - 54,000 .... 68v9G
32,001 - 33,000 ... 44769 46.60 54;001 - 55,000 ... -7@7-2o
3 3 , 0 0 1 - 3 4 , 0 0 0 4-2-.99 @9 (5 55,001 - 5 6 O 00 -7-+-@ 1/243 -t,
34,001 - 35,000 ... 44-..29 49.20 56,001 - 56,800 .... 4-2-.8(4 77.,@'(,-
35,001 -- 36,000 ... 45-750 50.50 56,801 and over
Adopted by the Council of the City of Virqinia Beach,
oi-i the 21 day of June 1 9 8 2 .
PIP.ST PLADIT@G., June 21, 1982
s@@cot@n READING:
- 18 -
P L A N N I N G A G E N D A
ITEM II-F.4 ITEM #18347
AT THE REQUEST OF VICE-MAYOR HEISCHOBER THIS ITEM AND ITEM #18348
WERE BROUGHT FORWARD.
Richard "Tuck" Bowie, Talbot and Associates, represented the applicant.
The following spoke in opposition:
Captain Arthur S. Pool, Witchduck Civic League
Mrs. June Myers, Witchduck Civic League
Charles Robinson
W. W. Rose, resident of Witchduck Point
Councilman Holland made a motion to APPROVE the application of COLONIAL
SERVICE CORPORATION for a Cl:ne O' loning District Classification to
R-1 on North Witchduck Roa d nd Brid g@ hampton Drive, with a merging
of the remainder of property in R-2 for a total of R-1 and R-2 being
31 units.
Councilman Holland withdrew his motion as the applicant stated it
was not economically feasible to accept the modification to the
applied zoning.
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to DENY the application of COLONIAL SERVICE CORPORATION
for a-Change of Zoning District Classification as per the following:
Ordinance upon application of Colonial Service Corporation for
a Change of Zoning District Classification from R-1 Residential
District to R-2 Residential District on certain property located
at the Southeast intersection of North Witchduck Road and Bridge-
hampton Drive, running a distance of 698.4 feet along the East
side of North Witchduck Road, running a distance of 1397.40 feet
in a Southeasterly direction, running a distance of 692.1 feet
in a Northeasterly direction, running a distance of 780.04 feet
in a Northerly direction, running a distance of 48 feet in a
Northeasterly direction and running a distance of 803.4 feet
along the South side of Bridgehampton Drive. Said parcel contains
30.2 acres. BAYSIDE BOROUGH.
1 9-
V o t i n g7 - 2
Council Members Voting Aye: (for denial)
E. T. Buchanan, Vice Mayor Harold Heischober, Barbara
M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, and Patrick L. Standing
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 20 -
ITEM II-F.5 ITEM #18348
COUNCILMAN BUCHANAN LEFT CHAMBERS
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and permit WITHDRAWAL of the application of COLONIAL SERVICE CORPORATION
for a Conditional Use Permit as per the following:
Ordinance upon application of Colonial Service Corporation for
a Conditional Use Pemit for open space promotion on certain
property located at the Southeast intersection of North Witchduck
Road and Bridgehampton Drive, running a distance of 698.4 feet
along the East side of North Witchduck Road, running a distance
of 1397.40 feet in a Southeasterly direction, running a distance
692.1 feet in a Northeasterly direction, running a distance of
780.04 feet in a Northerly direction, running a distance of 48
feet in a Northeasterly direction and running a distance of 803.4
feet along the South side of Bridgehampton Drive. Said parcel
contains 30.2 acres. BAYSIDE BOROUGH.
Voting 8-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, 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 Voting Nay:
None
Council Members Absent:
E. T. Buchanan, F. Reid Ervin, and Mayor J. Henry
McCoy, Jr., D.D.S.
- 21 -
ITEM II-F.1 ITEM #18349
David Whitley represented the applicant
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of WILLIAM S. HUDGINS for
a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF WILLIAM S. HUDGINS Z0682655
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-7 RESIDENTIAL DISTRICT TO I-1 LIGHT
INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of William S. Hudgins for a Change
of Zoning District Classification from R-7 Residential District
to I-1 Light Industrial District on certain property located on
the East side of Sykes Avenue beginning at a point 580.70 feet
North of Southern Boulevard, running a distance of 50 feet along
the East side of Sykes Avenue, running a distance of 239 feet
along the Northern property line, running a distance of 50 feet
along the Eastern property line and running a distance of 239
feet along the Southern property line. Said parcel contains
11,950 square feet. 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. City water and sewer.
3. The developer is to install standard right-of-way improvements
including pavement widening, curb and gutter, sidewalk and storm
drainage facilities along Sykes Avenue.
4. The developer is to provide an adequate drainage outfall system
with all necessary downstream improvements and easements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of June, 1982.
2 2 -
Voting 8- 0
Council Members Voting Aye:
John A. Baum, 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 Voting Nay:
None
Council Members Absent:
E. T. Buchanan, F. Reid Ervin, and Mayor J. Henry
McCoy, Jr., D.D.S.
6/ 21 /8 2
- 2 3 -
ITEM II-F.2 ITEM #18350
COUNCILMAN BUCHANAN RETURNED TO COUNCIL CHAMBERS
James Parks Atkinson spoke in behalf of the application
Commander Andrew Curtin, AICUZ OFFICER-Naval Air Station Oceana,
spoke in opposition as the property is located in Noise Zone 2.
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 JAMES PARKS ATKINSON,
FRANK VERNON ATKINSON, JR., AND BETTY G. ATKINSON for a Change
of Zonln, lilstcroictillassification subject to the inclusion of
an add tiona nd tion:
The applicant voluntarily agrees to notify the tenants
of noise/crash potential zones.
ORDINANCE UPON APPLICATION OF JAMES PARKS ATKINSON, Z0682656
FRANK VERNON ATKINSON, JR., AND BETTY G. ATKINSON
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of James Parks Atkinson, Frank
Vernon Atkinson, Jr., and Betty G. Atkinson for a Change
of Zoning District Classification from R-6 Residential
District to A-2 Apartment District on certain property
located on the South side of "B" Street beginning at a
point 447.53 feet West of Barberton Drive, running a
distance 132.80 feet along the South side of "B" Street,
running a distance of 28 feet in a Northerly direction,
running a distance of 86.03 feet in a Westerly direction,
running a distance of 99.06 feet in a Southerly direction,
running a distance of 72.46 feet in an Easterly direction,
running a distance of 75 feet in a Southerly direction,
running a distance of 152.39 feet along the Southern property
line and running adistance of 115.95 feet along the Eastern
property line. Said parcel contains 21,780 square feet.
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. City water and sewer.
3. The developer shall install the following right-of-way
improvements to "B" Street including pavement widening,
curb and gutter, sidewalk and storm drainage facilities.
4. The developer shall provide an adequate access outfall
system with all necessary downstream improvements and
easements.
- 24-
5. The developer is to provide an adequate access designed
according to City standards connecting to an improved
right-of-way.
6. The developer shall dedicate the right-of-way and build
a cul-de-sac according to City criteria.
7. Vacation of existing lot lines to avoid creation of
nonconforming lots.
8. Applicant voluntarily agrees to notify tenants of
noise/crash potential zones.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of June, 1982.
2 5-
V o t i n g8- 1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, and Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf*
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 2 6 -
ITEM II-F.3 ITEM #18351
William B. Smith represented the applicant
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER UNTIL JULY 12, 1982 the application of
SUSAN NOEL MILLER CLARK for a Change of Zoning District Classification
as per the following:
Ordinance upon application of Susan Noel Miller Clark for a
Change of zoning District Classification from AG-2 Agricultural
District to S_2Commun ty -Business District on certain property
located on the West side of Princess Anne Road beginning at a
point 500 feet more or less South of Indian River Road, running
a distance of 222.90 feet along the West side of Princess Anne
Road, running a distance of 165.28 feet along the Southern
property line, running a distance of 108.78 feet along the
Western property line and running a distance of 194.25 feet
along the Northern property line. Said parcel contains 29,812
square feet. PUNGO BOROUGH.
Voting 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr,, D.D.S.
- 2 7 -
ITEM II-F.6 ITEM #18352
Lynn Mary McCullough spoke in behalf of the application
Upon motion by Councilwoman Henley, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commi ssion an d AP PROVE the appl i cation of LYNN MARY AND JOHN REI D
McCULLOUGH for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF LYNN MARY AND JOHN R0682467
REID McCULLOUGH FOR A CONDITIONAL USE PERMIT FOR
A HOME OCCUPATION (BOOKKEEPING OFFICE)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Lynn Mary and John Reid McCullough
for a Conditional Use Permit for a home occupation (bookkeeping
officeT o-n certain property located on the South side of Horn
Point Road beginning at a point 621.21 feet East of North Muddy
Creek Road, running a distance of 301.06 feet along the South
side of Horn Point Road, running a distance of 1367.46 feet
along the Eastern property line, running a distance of 449.52
feet along the Southern property line and running a distance of
1722.50 feet along the Western property line. Said parcel
contains 10.670 acres. PUNGO BOROUGH.
Voti ng 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan*, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE"
- 28 -
ITEM II-F.7 ITEM #18353
Ron Earley represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of VIRGINIA BEACH CAMPGROUNDS,
INC., KOA, for a Conditional Us-e Permit as per the following:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CAMP- R0682468
GROUNDS, INC., KOA, FOR A CONDITIONAL USE PERMIT
FOR THE EXPANSION OF THE ADJOINING GAS STATION/
REGISTRATION CENTER SITE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Virginia Beach Campgrounds,
Inc., KOA, for a Conditional Use Permit for the expansion
of the adjoining gas station/registration center site on
certain property located on the South side of South Birdneck
Road beginning at a point 90.43 feet East of General Booth
Boulevard, running a distance of 50 feet along the South side
of South Birdneck Road, running a distance of 185 feet along
the Eastern property line, running a distance of 50 feet along
the Southern property line and running a distance of 185 feet
along the Eastern property line. Said parcel contains 9,250
square feet. PRINCESS ANNE BOROUGH.
Approval is subject to the following rovisions in conjunction
with the intended use of the land:
1. A 15-foot dedication along the frontage on South Birdneck
Road, 45 feet from the center line of the old 60-foot
right-of-way to provide for an ultimate 90-foot right-of-
way as per the Master Street and Highway Plan.
2. The developer is to install standard right-of-way improve-
ments, including pavement widening, curb and gutter, sidewalk
facilities along Birdneck Road.
3. The developer shall provide an adequate drainage outfall system
with all necessary downstream improvements and easements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of June, 1982.
- 29 -
V o t i n g9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 3 0-
ITEM 11-F.8 ITEM #18354
Sanator A. Joseph Canada represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ROBERT M. BOSHER for a
Conditional Use Permit as per the following:
Approval is for a period of two-424 five (5) years.
ORDINANCE UPON APPLICATION OF ROBERT M. BOSHER R0682469
FOR A CONDITIONAL USE PERMIT OR AN EIGHT-FOOT
BY EIGHT-FOOT SIGNBOARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Robert M. Bosher for a Conditional
Use Permit for an eight-foot by eight-foot signboard on certain
property located on the West side of South Birdneck Road beginning
at a point 1300 feet more or less South of Bells Road, running a
distance of 400 feet along the West side of South Birdneck Road,
running a distance of 150 feet in a Northwesterly direction,
running a distance of 675 feet in a Southwesterly direction,
running a distance of 750 feet along the Western property line
and running a distance of 455 feet along the Northern property
line. Said parcel contains 5 acres more or less. PRINCESS ANNE
BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of five (5) years.
2. A 15-foot dedication along the frontage on South Birdneck
Road, 45 feet from the center line of the existing 60-foot
right-of-way to provide for an ultimate 90-foot right-of-way
as per the Master Street and Highway Plan.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the TWenty-First day of June, 1982.
3 1 -
V o t i n g9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 3 2 -
ITEM II-F.9 ITEM #18355
Randall H. Grissom spoke in behalf of his application
Mrs. Mona Elliott spoke in favor
Mrs. Dolores McGarvey spoke in opposition and advised she has signed
petitions opposing the variance (161 signatures). The petitions were
not filed in the City Clerk's Office.
Upon motion by Councilman Holland, seconded by Councilwoman Henley,
City Council voted to DENY the application of RANDALL H. GRISSOM
for variances to Sections 4.4(a) and (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
Randall H. Grissom- Property located at 4913 and 4917 Farrington
Drive. Plats with more detailed infoniiation are available in the
Department of Planning. BAYSIDE BOROUGH.
The applicant requests variances to Section 4.4(a) and (b) of the
Subdivision Ordinance which require that lot size, width, depth,
shape, orientation and minimum building setback lines shall be
appropriate for the location of the subdivision and the type of
development and use contemplated, and that lot dimensions shall
conform to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide 4,302 square feet off of a larger 35,868
square foot parcel in order to convey it to an adjoining lot.
Voting 9-0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
3 3 -
0 R D I N A N C E S F I R S T R E A D I N G
ITEM II-G.I.a ITEM #18356
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to accept a Grant from
the Department of Corrections totaling $117,566 and to appropriate
these funds for the Virginia Beach Community Diversion Program.
V o t i n g :9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
34 -
!kill,
Tl4- F@, CH
CO"l,'IU@i'IIY DIVER'll NPROC@RAII.
his enacted the
Corrections incentive Prograin which makes funds available to jurisdictions
within the Commonwealth for the purposes of diverting qualified non-violent
offenders from the State penitentiaries for the purpose of rehabilitating
these offenders and allowing them the opportunity to make restitution for
their crinies; and
WHEREAS, the City of Virginia Beach is currently operating sucli a
program; and
WHEREAS, the Virginia DepartiTient of Corrections has approved the
necessary funding to continue the Virginia Beach Conmunity Diversion Program
to accomplish the objectives stated above;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CII'Y OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized to accept the grant
for the City and funds are hereby appropriated for tfle following purposes:
Estimated Revenue Local Total
Community Diversion Program from Other Agencies Match App
$117,566.00 $0.00 $11-/,566.00
BE IT FURTHER ORDAINED that two personnel positioils are hereby
authorized for the duration of tiie grant to be paid from the grant with the
classes of the employees to be determined by the City Manager.
FIRST READING: june 21 1982
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1982.
APPPOV.-D AS TO CONTENT
SIGNAT'JRE
DEPARTME@NT
T@F
- 3 5 -
ITEM II-G.l.b ITEM #18357
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to DEFER ONE WFEK (28 June 1982) the Ordinance to
appropriate funds of $73,842 for additional positions and related
appropriations in the City Attorney's Office to assist in the
prosecution of Driving Under the Influence (DUI).
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 3 6 -
AN ORI)INANCE TO F' ,S OF
FOR AI)D 1, I
APPROPi-.@, S
ATT01@',@i,@'Y'S OFFI','-
WHEREAS, ii, i-,dhering i-).il-s ev-'Iclenc,@ and coui-t
procedures, the judges of the Celieral Di.strict Court have requested
thall police officers o@)ta-@In tl)e assistanc,,P- of the Ci.ty Attorney's
off.'ce in "he prosecuti(.)n o- Un@l"-r the Influ,2.11ce
and Run cases and other offenses which in the past have been
presented in the courts by police officers, and
WHEREAS, this new directive will require the direct
involvement of attorneys i-n the City Attorney's Office in order "o
assure that these cases are properly presented; such cases being
handled on a request basis in the past, and
WHEREAS, the Police Depa)--tment has estimated that these
cases will exceed 1,200 in number in a calendar year, and
WHEREAS, the City Attorney is requesting two additional
attorneys, a secretarial position, and related costs totaling
$73,842 in order to render the additional assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that two attorney positions and one secretarial
position are hereby approved for tlie FY 83 Operatirig Budget of tile
City Attorney's office and funds of $73,842 are hereby appropriated
from the General Fund Balance to the City Attorney's Office as
follows:
Personnel (2 attorneys and 1 secretary)
plus fringe benefits $65,400
Related costs (capital otitlay and
office SUppl4es 8,442
Total Appropri-at4ol,
$ 7 3 , 84 2
This ordinance shall be in effect from the date of its
adoption.
A3o@,)t@d @.h, Coui)(@il. (,,f C.'
ty of virctinia Bear--Ii,
Vi.rginia on -ne aa_@, or 1982.
JDB/er/re DEFERRED ONE WEEK: June 21, 1982
G/'l 6/8 2
(@iisc)
- 3 7 -
ITEM II-G.l.c ITEM #18358
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate funds of
$50,000 to the Court System for Public Defender Costs.
Voting : 8 - I
Council Members Voting Aye:
John A. Baum, 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 Voting Nay:
E. T. Buchanan
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 38-
OF
$50,000 TO TiiE COURT S@'ST@', FOR
PUBLIC CC,'ITS
@,113EI@EAS, thL Sc@c-,ciLary of tlie S,,ipremL Coijrt of Virgi.nia
has directed the court system to seek on behalf of the State
reimbursemant froni the I-ocality when the Pub'@ic Defender represents
persons charged with violations of local ordinances, and
WHEREAS, the judges of the General District Court and the Juvenile
and Domestic Relations District Court have determined that the
appropriate payment by the City of Virginia BP-ach is $35.00 per charge
for each defendant who is represented by tbe Public Defender for
violation of local ordinances in these courts, and
WHEREAS, this procedure will connence on July 1, 1982 and is
estimated to cost the city for the 1983 fiscal year a sum of $50,000
which was not budgeted in the FY 83 Operating Budget.
NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACII that funds of $50,000 be appropriated from the
General Fund Balance to ttle various courts to reimburse the State
for the Public Defender representing persons charged with violations
of local ordinances.
This ordinance sliall be in effect from the date of its adop@ion.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1982.
First Reading: June 21, 1982
Second Reading:
,4ppi-@OVED AS TO CO.NTE,'JT
0 Fo:z,%A
C',
- 39-
ITEM II-G.2.a ITEM #18359
Upon motion by Councilwoman McClanan, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance establishing a City Employee Court Leave
Pol icy.
Voting : 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
Requested by: City Council
AN ORDINANCE ESTABLISHING A
CITY EMPLOYEE cbURT LEAVE POLICY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, employees of the City of Virginia Beach are
often called to serve as w,itnesses or as jurors 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
Beach to perform such obliqations, and the Council of the City of
Virginia Beach encourages the conscientious performance of such
duties; and
WHEREAS, the City of Virginia Beach provides paid court
leave to such employees who perform these necessary duties; and
WHEREAS, such employees are often compensated for such
appearances by the court, over and above the regular rate of pay
that they receive from the City while performing such duties;
and
WliEREAS, the receipt of 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 ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
COURT LEAVE POLICY
It shall be the policy of the City of Virginia Beach to
grant paid court leave to its employees when they serve as
witnesses or ]urors in nonpersonal litigation. Such employees
shall, however, have deducted from their salary the amount of the
compensation they received from the court as payment for having
served as a witness or jlii-or. However, if an employee wishes to
take arinual leave or compensatory leave while serving in such
capacity, that employee may receive full pay and tlie court
comt)ensation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on June 21, 1982
RHM/CJ/da
3/22/82
6/16/82
(misc.) 1,PPFOVI@7D AS TO CO'@ITIN'T
SIGNATL;@E
DEPAP,fMENT
TO
E f
-2-
- 4 2 -
ITEM II-G.2.b ITEM #18360
Attorney James Evans represented the applicant.
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and the Viewers and APPROVE the petition of JACK AND
DORCAS HELFANT for the closure of a portion of Old Virginia Beach
Boulevard in the Lynnhaven Borough subject to the following:
1. The ultimate disposition of this right-of-way shall
be by means of purchase rather than by direct conveyance
to the adjoining property owner, subject to determination
by the City Attorney's Office.
2. A utility easement shall be retained for the entire
area proposed for closure.
3. Resubdivision of the property to incorporate the
closed area into adjoining parcels, and the vacation
of existing lot lines to avoid the creation of non-
conforming lots and to ensure that all lots have
access to a public street.
4. The closure of this right-of-way shall be contingent
upon compliance with the above-stated conditions within
120 days of the approval by City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
ORDINANCE NO.
IN THE IIATTER OF CI,OSING, VACATING AND
DISCONTINUING A PORTION OF TIIAT CER'I'AII4 STREET
KNOWN AS OLD VIRGIIIIA BEAC Ii BOIJLEVARD
AS SHO@QN UPON TIIAT CERTAIN PLAT ENTITLED,
PLAT SIIOWING PROPOSED CI,OSURE OF A
PORTION@F 1,D 'V
LYN@A@N@@OROU INIA
WHEREAS, it appearing by Affidavit that proper notice has
thev
been given by JACK IIELFANT & DORCAS HELFANT tliat &t. would make
application to the Council of the City of Virginia Beach, Virginia,
on May 10 , 1982 , to have the hereinafter-described
street discontinued, closed, and vacated; and
WHEREAS, it is the judginent of the Coulicil that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter-described street be
discontinued, closed and vacated:
BEGINNING at a point at the NE intersection of Old Virginia Beach Boulevard and
Virginia Beach Boulevard; thence running N 49@13'52" E 120.70' to a point on the
southern right-of-way line of Old Virginia Beach Boulevard, which point is known
as the point of beginning; thence continuing from said point N 49@13'52" E a
distance of 150.71' to a point on the southern right-of-way line of Old Virginia
Beacli Boulevard; thence turning and running N 40'46'8" E 12.11' to a point; thence
turning and running N 40@26'42" E 12.11'R. to a point on the northern right-of-way
line of Old Virginia Beacb Boulevard; thence turning and running along the nortlierii
right-of-way line along a curve arc the radius of wliicli iq 452.47', arc = 8.34',
to a point; thence continuing along the northern right-of-way line of Old Virgin4@a
Beach Boulevard S 50*36'40" W 16.81' to a point; thence turning and running N 45*
58'2" W 6.71' to a point still on the northern right-of-way line of Old Virginia
Beach Boulevard; thence turning and running S 48@59'28" W 125.10' to a point still
on the northern right-of-way line of Old Virginia Beach Bo6levard to a point; thence
turning and running S 41@00'32" E 15.45' to a point; thence continu4-ng S 40*46'8"
E 15.45' to the point of beginning-
Said parcel of land being a portion of Old Virginia Beach Bc)u'@evard
4 4 -
as indicated on that certain plat entitled PLT.T SHOIQING PROPOSED
CLOSURE OF A PORTION OF OLD VIRGINIA BEACH BOULEVARD, LYNNHAVEN
BOROUGH --- VIRGINIA BEACH, VIRGINIA.
SECTION II
A certified copy of this ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach
indexed in the name of the City O.- Virginia Beach as Grantor.
SECTION III
ORDINANCE--APPOINTING-VIEIIERS
have
WHEREAS, JACK HELFANT & DORCAS HELFANT)CY@ given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 10th day of May
198 2 1 apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the
opinion of said viewers, any, and if any, what inconvenience would
result from the discontiniiance of the hereinafter-described portion
of that certain street of variable width, and has filed such
application with said Council.
NOW, THEREFORE, be it OR,DAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert Robert J. Scott
and David M. Grochmal are hereby appointed to view the
below-described property and report in writing to the Council on or
before , whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
BEGINNING at a point at the NE intersection of old Virginia Beacb Boulevard and
Virginia Beacb Boulevard; thence running N 49'13'52" E 120.70' to a point on the
southern right-of-way line of Old Virginia Beach Boulevard, which point is known
as the point of beginning; thence continuing from said point N 49@13'52" E a
distance of 150.71' to a point on the southern right-of-way line of old Virginia
Beach Boulevard; tbence tur-ning and running N 40@46'8" E 12.11' to a point; tl,.ence
turning and runqing N 40@26'42" E 12.11'R. to a point on the northern right-of-way
line of Old Virginia Beach Boulevard; thence turning and running along the northern
right-of-way line along a curve arc the radius of which is 452.47', arc = 8.34',
to a point; thence continuing along tbe northern right-of-way line of Old Virginia
Beach Boulevard S 50*36'40" W 16.81' to a point; thence turning and running N 45*
58'2" W 6.91' to a point still on the northern right-of-way line of old Virginia
Beach Boulevard; tlience turning and running S 48@59'28" W 125.10' to a point still
on the northern right-of-way line of Old Virginia Beach Boulevard to a point; thence
turning and running S 41'00132" E 15.45' to a point; thence continuing S 40-46'8'-
E 15.45' to the point of beginning.
I
4 6 -
All the above as sh()wn upc)n that certain plat entitled,
PLAT SHOW-ENG PROPOSED CLOSURE OF A PORTION 017 OLD VIRGINIA BEACH
BOULEVARD, LYNNHAVEN BOROUGII --- VIRGINIA BEACH, VIRGINIA
which plat is attached hereto and made a part hereof and intended to
be recorded with the ordinance closing the aforedescribed street.
- 4 7 -
ITEM II-G.2.c ITEM #18361
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and the Viewers and APPROVE the petition of HENRY C.
GREGORY for the closure of a portion of an undeveloped 25-foot
right-of-way totaling .17 acre in the Lynnhaven Borough. Approval
is subject to the following:
1. The ultimate disposition of this right-of-way
shall be by means of purchase rather than by direct
conveyance to the adjoining property owner, subject
to determination by the City Attorney's Office.
However, it should be pointed out that in this
particular case, the City does not own the underlying
fee to said property.
2. Resubdivision of the property in order to incorporate
the closed area into adjoining parcels, as well as the
vacation of existing lot lines to avoid the creation of
nonconforming lots and to ensure that all lots have access
to a public street.
3. The closure of this right-of-way shall be contingent
upon compliance with the above-stated conditions within
120 days of the approval of the City Council.
V o t i n g 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
4 8 -
ORDINANCE NO.
IN TIIE IIATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION 01,' THZki' CLI@'IAIN
STREET ENTITLED, "SURVEY OE1 PROPLR'.F'Y FOR
WINDSOR INVESTORS, LTD. DB 979 P. 456
LOACTED SOUTH OF BLOCK "N" and NORTII OF
THE OLD NORFOLK & SOUTHERN RAILIIAY 501
R/W AS SHOWN ON PLAT OF LYNNHAVEN BEACH,
Ai%IENDED MAP OF PROPERTY OF LYNNHAVEN BEACH
& PARK CO. M.B. 5 P. 71, LYNNIIAVEN BOROUGH,
VIRGINIA BEACII, VA.", WILICH PLAT -TS RECORDED
IN THE CLERK"S OFFICE OF THE CIRCULT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that proper
notice has been given by lienry C. Gregory that he would make
application to the Council of the City of Virginia Beach,
Virginia, on June gth 1982, to have the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontiniied, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described
street be di8continued, closed, and vacated:
ALL THAT certain piece or parcel of land, situated
in the City of Virginia Beach, Virginia, designated
as "PROPERTY OF WINDSOR INVESTORS LTD." on that
certain plat entitled "SURVEY OF PROPERTY FOR WINDSOR
INVESTORS, LTD. DB 979 P. 456 LOCATED SOUTH OF BLOCK
"N" and NORTH OF THE OLD NORFOLK & SOUTHERN RAILWAY
50' R/W AS SHOWN ON PLAT OF LYNNHAVEN BEACH, AMENDED
MAP OF PROPERTY OF LYNNHAVEN BEACII & PARK CO. M.B. 5
P. 71, LYNNH.A-VEN BOROUGH, VIRGINIA BEACH, VA.", which
property is more particularly bounded and described
as follows:
BEGINNING at a point which is S. 05@ 211 E. 260.04
feet from the Southwest intersection of "SHORE DRIVE
(U.S. ROUTE 60)" and IIEBBTIDE ROAD (801 R/W) (Formerly
3rd STREET)"; and running from said.point of beginning
(marked by a pipe) S. 05' 211 E. 25.08 feet to a pin;
thence running S. 80@ 05' W. 300.94 feet along the
north boundary line of the Old Norfolk and Southern
Rai.lwav 50 foot ri-aht of way to a pin; thence ri-inni.na
N. 05- 21' W. 25.08 feet along Redtide Road to a pin;
thence running N. 80@ 05' E. 300.94 feet to the poi-nt
of beginning.
4
The above mentioned plat is attached I,,ereto and is
recorded in tlie Clerk's Office of the Circuit Court of tlie City
of Virginia Beach, Virginia, in Map Book at Page
and which is made a part hereof by reference.
SECTION II
A certified copy of th@s ordinance sliall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
Grantor.
SECTION III
-2-
50 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Henry C. GregOry has given due ahd proper
notice, in accordance with the statutes for such cas,s ade
and provided that they will on the 10th day of May, 1982
apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council
whether,in the opinion of said Viewers, any, and if any,
what inconvenience would result from the discontinuance of
the hereinafter described porti-on of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Cotincil of
the City of Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and
David M. Grochmal are hereby
appointed to view the below described property and report
in writing to the Council on or before June @ 1982, whether
in their opinion, any, and if any, what inconvenience would
result in the discoiitinuing and vacating of a portion of that
certain street of variable width located in the City of
Virgi.nia Beach, Virginia, and more particularly described as
follows:
ALL THAT certain piece or parcel of land, situated
in the City of Virginia Beach, Virginia, designated
as "PROPERTY OF WINDSOR INVESTORS LTD." on that
certain plat entitled "SURVEY OF PROPERTY FOR WINDSOR
INVESTORS, LTD. DB 979 P. 456 LOCATED SOUTH OF BLOCX
"N" and NORTII OF THE OLD NORFOLK & SOUTHERN RAILWAY
50' R/W AS SHOWN ON PLAT OF LYNNHAVEN BEACH, AMENDED
MAP OF PROPERTY OF LYNNHAVEN BEACH & PARK CO. M.B. 5
P. 71, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA.", which
property is more particularly bounded and described
as fol-l-ows:
BEGINNING at a point which is S. 05@ 21' E. 260.04
feet from the Soiithwest intersection of "SHORE DRIVE
(U.S. ROUTE 60)" and IIEBBTIDE ROAD (80' R/W) (Formerly
3rd STREET)"; and running from said point of beginning
(marked by a pipe) S. 05- 23-' E. 25.08 feet to a pin;
thence rurining S. 801 051 W. 300.94 feet along the
north boundary line of the Old Norfolk and Southern
Railway 50 foot ri.glit of way to a pin; thence running
N. 05' 211 W. 25.08 feet along Redtide Road to a pin;
thence running iq. 80' 05' E. 300.94 feet to th(@ ;Doi.nll-
of beg4lnning.
The above mentioned plat is attached hereto and made a
part hereof and intended to be recorded with the ordinance closing
the aforedescribed street.
-2-
- 5 2 -
ITEM II-G.2.d ITEM #18362
COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and the Viewers and DENY the petition of ROBERT A. BARR for the
closure of a portion of a 15-foot alley, totaling 375 square feet,
at Croatan Beach in the Lynnhaven Borough.
Voting : 8-0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, Ill, Reba S. McClanan,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, M.D., and Mayor J. Henry
McCoy, Jr., D.D.S.
53-
Ordinance No.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CTRTAIN
ALLEY, KNOWN AS A PORTION OF THAT CERTAIN
FIFI'EEN FOOT AL"E@ AS SHO@'l@ UPot4 'RHAT -ERTAIQ
PLAT ENTITLED, "PliYSICAL SUHVEY, [,OT 10,
BLOCK 20, CROATAN BEACH, M.B. 24, P. 37,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA,,,
WHICH PLAT IS ATTACHED HERETO.
WIIEREAS, it appearing by affidavit that proper notice has
been given by Robert A. Barr, that it would make application to
the Council of the City of Virginia Beach, Virginia, on
day of , 1982, to have the hereinafter described
street discontinued, closed and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed and vacated:
The western seven and one-half feet of that
certain fifteen foot all--y adjacent to Lot 10,
Block 20, Croatan Beach, as shown on that
certain plat entitled, "Croatan Beach" dated
July 4, 1949, made by William T. McMillian,
C.E., and recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach,
Virg4-nia, in Map Book 24, at page 37, and being
more particularly bounded and described as
follows:
BEGINNING at a point in the northeast corner of
said Lot 10, Block 20 and from said point
running North 85 Degrees 45' 45" East 7.5 feet
to the midpoint of the aforesaid fifteen.foot
alley; thence turning and running South 04
Degrees 141 15" East 15 feet to a point; thence
turning and running South 85 Degrees 45' 45"
West 7.5 feet to the eastern boundary of said
Lot 10, Block 20; thence turning and running
North 04 Degrees 141 15" West 50 feet along the
eastern property line of said Lot 10, Block 20
to the point of beginiiing aforesaid.
6/23 !82
All the above, as shoqn oti ilhat certain plat
entitled, "Physical Survey Lot 10, Block 20,
Croaton Beach, II.B. 24, P. 37, Lyrrihaven
Borough, Vii-ginia Beach, VA", dated Janua@,-y 14,
1981.
The said parcel of land being a portion of that fifteen foot
alley as shown on that certain plat of property of Croatan Beach,
which plat was recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Map Book 24, at page 37 which
is made a part herof by reference.
SECTION II
A certified copy of this Ordinance shall be- filed in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and
shall be recorded in the nanie of the City of Virginia Beach as grantor.
SECTION III
- 5 5 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert A. Barr, has given due and proper notice,
in accordance with the statutes for such cases made and
provided that he will on the day of
1982, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain alley, seven and
one-half feet wide, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia.
That C. Oral Lamhert
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below described property and
report in writing to the Council on or before
, 1982, whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of
a portion of that certain street of variable width located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
The western seven and one-half feet of that
certain fifteen foot alley adjacent to Lot 10,
Block 20, Croatan Beach, as shown on that
certain plat entitled, "Croatan Beach" dated
July 4, 1949, made by William T. McMillian,
C.E., and recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 24, at page 37, and being
more particularly bounded and described as
follows:
6/2lj82
- 56 -
BEGINNING at a point in the northeast corner of
said Lot 10, Block 20 and from said point
running North 85@ 451 45" East 7.5 feet to the
midpoint of the aforesaid fifteen foot alley;
thence turning and running South 041 141 15"
East 50 feet to a point; thence turning and
running South 85@ 451 45" West 7.5 feet to the
eastern line of said Lot 10, Block 20; thence
turning and running North 04@ 14' 15" West 50
feet along the eastern line of said Lot 10,
Block 20 to the point of beginning aforesaid.
All the above as shown upon that certain survey entitled
"Physical Survey, Lot 10, Block 20, Croatan Beach, M.B. 24, P.
37, Lynnhaven Borough, Virginia Beach, Virginia", which survey
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforementioned street.
-2-
6/21182
- 5 7 -
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #18363
Councilman Baum advised appointments to the Southeastern Virginia
Planning District Commission was discussed during last week's
Executive Session (14 June 1982) and it was his suggestion they
not be made until after July 1, 1982, when the new Council will
take office. However, Council will not be meeting but one
time in July, with exception of the Special Meeting 1 July 1982,
and if Council has no objections would like to appoint members
to SVPDC on 28 June 1982.
ITEM II-H.2 ITEM #18364
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to APPOINT Councilwoman Barbara M. Henley to the
GOVERNOR'S TASK FORCE COMMITTEE to replace Councilwoman Reba S.
McClanan.
Voting : 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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 Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S.
- 58 -
KEMPSVILLE/COUNTY UTILITIES ITEM #18365
Kempsville and County Utilities Ordinance and Resolution were not
discussed in FORMAL SESSION as a result of the consensus of the
Members of City Council for a need of more time to study. This
item will be on the FORMAL AGENDA of 28 June 1982.
A D J 0 U R N M E N T
ITEM II-J.1 ITEM #18366
Upon motion by Councilman Standing, City Council adjourned at 4:17 p.m-
Diane M. Hickman, Deputy City Clerk
Ruth Hodges b ty Cl@rk Vice Mayor Harold Heischober
City of Virginia Beach,
Virginia
21 June 1982
dmhjetd