HomeMy WebLinkAboutDECEMBER 21, 1981 MINUTES
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"WORLD'S LARGEST RESORT CITY"
C17Y COU,4CIL
MAYOR J. HENRY M@COY JR., D.D.S., K..p,.ill, S.@.gh
VICE-MAYOR HAROLD HEISCHOSER@ A, L.,g,
JOHN A. BAUM, B.@.gb
E. T. BUCHAAIAN, Ly..b.@,. B.-.gb
F. REID ERVIN, A, L.,g.
BARBARA M. HENLEY, P-g@ B.@.gh
CL.ARENCE A. HOLLAND, M.D., B ... id, B--.gh
9'. H. KITCHIN, lit, Vilgi-i- B-,h B.@.gh
REBA S. M@CLANAN, P,i.c,'@ A@.. 8.1--gh
,MEYERA E. OBERNDORF, A, L.,gl 222 CITY HALL BUILDING
PATRICK L. STANDING, A@ L.,g, MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SM17H. Cily Clllk (804) 427-4303
CITY COUNCIL AGENDA
December 21, 1981
ITEII I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER flayor J. Henry ticcoy, Jr., D.D.S-
B. ROLL CALL OF COUNCIL
C. riOTION TO RECESS INTO INFORRIAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT tl.ATTERS
1. t@latters for discussion by Mayor.
2. !latters for discussion by Council.
3. Parking Meter Rates: Discussion.
4. Lake Shores Sewer Project: Discussion.
5. Encroachments into Ocean Avenue Right of Way: Discussion.
6. Raven Restaurant Encroachment: Discussion.
7. Farmer's Market Study: Discussion.
ITEtl II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Steve Schoof
New Life Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AriERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS rlEETING:
1. Motion to accept/approve the flinutes of December 14, 1981.
2
ITEM II E. RESOLUTIONS
1. Resolution authorizing Mr. Anthony L. Montagna, Jr., on
behalf of his client, Mr. George Nelson, to reconstruct
the nonconforming residential structure located at
2749 West Landing Road.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the 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. Request of the City Manager to defer the applications of
Kathleen Chapman and Somers M. Wilton, Sr., for encroach-
ments into the right of way of Ocean Avenue for two weeks.
These items were deferred for two weeks on December 7, 1981.
2. Ordinance to authorize the acquisition of property in fee
simple for Avalon Terrace sanitary sewer projects and the
acquisition of temporary and permanent easements of right-
of-way, either by agreement or by condemnation.
3. Bingo/raffle permits:
Aragona Community Recreation Center, Inc. Bingo
Women's American ORT (Organization for Bingo/Raffle
Rehabilitation Through Training)
St. Matthew's Catholic Church Bingo
Kniights of Columbus 4632 Bingo/Raffle
Diamond Springs Gardenwood Park Civic Bingo
League
Church of the Ascension Bingo/Raffle
VFW #392 General MacArthur Post Bingo
Auxiliary to the General Hospital of Raffle
Virginia Beach
Great Neck Wrestling Club Raffle
4. Ordinance, on SECOND READING, to accept a grant totaling $20,200
from federal aid to public libraries and to appropriate these
funds.
3
ITEM II G. PLANNING ITEMS
1. Application of Edna and Albert Gomez for a change of zoning
from,AG-2 Agricultural District to B-2 Community-Business
District on a 3.34-acre parcel located on the east side of
North Landing Road, south of Princess Anne Road (Princess
Anne Borlough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
2. Application of Virginia Beach Holding Corporation for a
change of zoning from A-1 Apartment District to A-2 Apartment
District on an 11.075-Tc-re parcel located at the s-outhwest
intersection of Reynard Drive and Freemac Drive (Lynnhaven
Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
3. Application of Hazel James Davis for a change of zoning
from R-8 Residential District io- 0-1 Office District on a
.22-a@re parcel located at@t e southeast corner of Virginia
Beach Boulevard and Louisa Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
4. Application of Dr. Marilou M. Kollar and Dr. Connie R. Weet
for a change of zoning from R- R@esidential District to
0-1 Office District on a .3 -@acre parce ocated on the
northeast corner of Morrison Avenue and Ansol Lane (Lynnhaven
Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
5. Application of Chong H. Pak, t/a Pak's Auto Body Repair, for
a.conditional use permit for auto body repair and painting
on a .074-acre parcel located along the west side of Maxey
Drive, north of Virginia Beach Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
6. Application of Cape Henry Hardware, Inc., for a conditional
use permit for outside storage on a .83-acre parcel located
on the east side of North Greai Neck Road, north of Mill
Dam Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
4
ITEM II H. ORDINANCES
1. Street Closures
a. Petition of Bangel-Kramer Enterprises, Inc., for the
closure of a portion of Croatan Road and Kerry Lane
(Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission for denial. The Viewers
concur with the recommendation of the Planning Commission.
b. Petition of Beach Villas, Inc., for the closure of a
portion of 20th Street (Virginia Beach Borough).
The applicant.requests a withdrawl of this application,
and a letter from the City Manager transmits the recommen-
dation of the Planning Commission to allow this withdrawl.
c. Petition of D. Murray Malbon for a closure of a portion
of Jefferson Avenue (Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission for ap2roval; however, the
Viewers do not concur with the @ec mm@endation of the
Planning Commission.
d. Petition of Harry Sandler for the closure of a portion
of Cape Henry Drive (Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission for approval. The Viewers
concur with the recommendation oW the Planning Commission.
e. Petition of Thomas C. and Judith C. Kay for the closure
of a portion of Circle Lane (Lynnhaven Borough).
Letter from the City Manager transmits the recommendation
of the Planning Commission for approval; however, the
Viewers do not concur with the recomendation of the
Planning Commission.
f. Petition of Chapel Hill Builders for the closure of a
portion of Kil,ngs Neck Road (@yhnhaven Borough)-.
Letter from the City Manager transmits the recommendation
of the Planning Commission for approval. The Viewers
concur with the recommendation of the Planning Commission.
g. Petition of Richard H. Kline for a closure of a 24-
foot unnamed right-of-way (Lynnhaven Borough).
Letter from the City Manager transmits the recommen@ation
of the Planning Commission for approval. The Viewers
concur with the recommendation o? the Planning Commission.
5
ITEM II H. ORDINANCES (cont'd)
2. City Code Amendments
Ordinance to amend and reordain Section 6-111 of the
Code of the City of Virginia Beach, Virginia pertaining
to the speed of motor boats, and to change the title
of the section.
3. Appropriations
a. Ordinance, on FIRST READING, to appropriate funds of
$208,909 to the Department of Public Works for
Atlantic Avenue improvements.
b . Ordinance, on FIRST READING, appropriating Fifty Thousand
Dollars ($50,000.00) for the purpose of undertaking an
engineering study of the potential impact of Virginia
Beach membership in the Appomattox River Water Authority.
I. APPOINTMENTS
1. Advertising Selection Committee
2. Development Authority
3. Board of Electrical Appeals
4. Bo,ard of Plumbing and Mechanical Appeals
J. UNFINISHED BUSINESS
1. Lake Shores sewer lines vs. septic tanks.
K. NEW BUISINESS
L. ADJOURNMENT
1. Motion to adjourn.
**NOTE: Regular meeting of City Council for December 28, 1981 is CANCELL@D.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 December 1981
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, 21 December 1981, 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. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
ITEM #17544
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 the
condition, acquisition or use of real property for public purpose,
or of the disposition of publicly held property, or of plans for
the future of an institution which could affect the value of
property owned or desirable for ownership by such institution.
3. 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 Council man Buc ha nan, sec onded by Council man Stand in g ,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Votin 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
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M A T T E R S B Y T H E M A Y 0 R
ITEM #17545
Mayor McCoy advised Council that the City Clerk was in DePaul Hospital
Mrs. Smith seriously injured her back.
I N F 0 R M A L S E S S I,O N
PARKING METER RATES ITEM #17546
The City Manager advised Members of City Council of parking meter rates
in comparable resort cities.
The Ordinance prepared to amend the Virginia Beach City Code (Section
21-396(a)) will be presented for further discussion in the FORMAL SESSION
January 4, 1981.
LAKE SHORES SEWER PROJECT ITEM #17547
Dr. George Sjol und, Director, Virginia Beach Health Department, advised
that in designating sections of the City as potential health hazard areas
the Health Department uses criteria including the following: (1) the
age'of the system and (2) the location of area in relation to a public
water use area. "Potential" in this context means that a likelihood
exists that a public health problem will occur if the area is not sewered.
In Lake Shores, the major consideration in its location on our public
water supply, Little Creek Reservior.
Dr. William Crawford, Regional Director, State Health Department, spoke
regarding this matter.
This matter will be on the FORMAL AGENDA.
4-
ENCROACHMENTS/OCEAN AVENUE ITEM #17548
The City Manager advised that Mr. Lambert has contacted all of the
property owners on Ocean Avenue, and the City Manager notified the
two who are instrumental in allowing an easement to be constructed.
The property owners will not grant or sell an easement voluntarily.
Lot three was sold to Mr. Josh Darden, who went to the Board of Zoning
Appeal s for a wai ver to the setback requi rement sand to construct a
d u p 1 e x .
By consensus of Council, the City Attorney was directed to review
from a legal standpoint the following alternatives:
1. Do nothing
2. Condemn an easement
3. Permit the encroachment into Ocean Avenue
RAVEN RESTAURANT ENCROACHMENT ITEM #17549
The City Manager advised that Council granted an encroachment several
months ago to the Raven Restaurant. Conditions were made that they
improve the sidewalk, etc. The restaurant is now requesting
permission to enclose that encroachment with glass (similar to the
Tenth Street Restaurant).
The City Manager further advised this matter would be handled
admin i st rat i vely ; however , he wanted Council ' s concur re n ce.
It was the consensus of Council to permit this encroachment.
FARMER'S MARKET STUDY ITEM #1 7550
The City Manager made reference to the report forwarded to Council
on the Farmer' s Market, prepared by Richard Cockrel 1 , Director of
the Department of Agriculture.
City Council recessed into.EXECUTIVE SESSION, (1:45 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 December 1981
2:30 p.m.
Council Members Present:
John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, Ill, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
INVOCATION: Reverend Steve Schoof
New Life Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES-OF AMERICA
6-
M I N U T E S
ITEM II-D.1 ITEM #17561
Upon motion by Councilwoman Oberndorf , seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
December 1 4, 1 981 .
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baiffn, 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
7-
R E S 0 L U T I 0 N
ITEM II-E.1 ITEM #17552
Upon motion by Councilwoman McClanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing Mr. Anthony L. Montagna, Jr., on
behalf of his client Mr. George Nelson, to reconstruct the nonconforming
residential structure located at 2749 West Landing Road.
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
8-
Requested by: City @ana4er/Director of Planning
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 21 day of December 1981 .
on motion by Coun-cilwoman McClanan and seconded by
Councilman Standing owing resolue-ion was adopted.
I the foll
R E S 0 L U T I 0 N
WHEREAS, Mr. George Nelson desires to renovate and repair
a residential structiire located at 2749 West Landing Road as shown
on the attached schematic; and
WHEREAS, the structure does not conform to the provisions
of the Comprehensive Zoning Ordinance because there is another
residential structure located on the same lot; and
WHEREAS, pursuant to SS105(c)(4) of the Comprehensive Zoning
Ordinance, City Council may authorize the reconstruction of a non-
conforming structure if Council finds that the structure as
reconstructed is equally or more appropriate to the zoning district
than the existing nonconforming structure.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the reconstruction of
the nonconforming residential structure located at 2749 West Landing
Road, as shown on the attached schematic, is more appropriate to the
zoning district in which it is located than the existing nonconforming
structure; and the City Council hereby authorizes the reconstruction
of said structure in the manner shown on the attached schematic.
Adopted by the Council of the City of Virginia Beach,
Virginia, on December 21, 1981
CMS/cj
12/4/81
-10-
C 0 N S E N T A G E N A
ITEM II-F ITEM #17553
Upon motion by Counci I man Ba um , secon ded by Counci 1 woman Obe rn do rf
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION, with
the exception of ITEM II-F.2 which will be voted on separately.
Vot ing: 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
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE".
ITEM II-F.1 ITEM #17554
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of,the City Manager
and DEFER the request of'Kathleen Chapman and Somers M. Wilton, Sr.,
for 6ncroachments into the right-of-way of Ocean Avenue, (January 4,
1 98 2)
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
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE".
1 2-
ITEM II-F.3 ITEM #17555
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bingo/Raffle Permits:
Bingo - Aragona Community Recreation Center,
Inc.***
Bingo/Raffle - Women's American ORT (Organization
for Rehabilitation Through Training)
Bingo - St. Matthew's Catholic Church
Bingo/Raffle - Knights of Columbus 4632*
Bingo - Diamond Springs Gardenwood Park
Civic League
Bingo/Raffle - Church of the Ascension
Bingo - VFW #392 General MacArthur Post
Raffle - Auxiliary to the General Hospital
of Virginia Beach
Raffle - Great Neck Wrestling Club
Voting: I I - 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, Ill**, 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
*Not applicable to a Raffle Permit
**COUNCILMAN KITCHIN VOICED A VERBAL "AYE".
***Application for the Raffle Permit not finalized
1 3-
ITEM II-F-4 ITEM #17556
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to accept a Grant totaling
$20,200 from Federal Aid to Public Libraries and to appropria te these
funds.
Vating: 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
*COUNCILMAN KITCHIN VOICED A VSRBAL "AYE"
1 4-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $20,200 FROM FEDERAL AID
TO PUBLIC LIBRARIES AND TO APPROPRIATE
THESE FUNDS
WHEREAS, City Council is interested in enhancing the quality
of service provided by our Public Libraries, and
WHEREAS, a grant of $20,200 from Federal Aid to Public
Libraries is available for this purpose,
WHEREAS, no local funds are required,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds from the above grant be accepted and
$20,200 be appropriated to the Department of Public Libraries
for the FY 82 Operating Budget as follows:
Personal Services & Fringe Benefits $ 6,829
Consultant's Fee 1,350
Circulation Desks (3) 12,021
Total Appropriation $20@200
Be it further ordained that Estinated Revenues from the Federal
Government be increased by $20,200 to finance the appropriations,
and
Be it further ordained that one personnel position is hereby
authorized for the duration of the grant, to be paid from the
grant, with the employee class to be determined by the City Manager.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
21 day of December 19 81
First Reading: December 14, 1981
Second Reading: December 21, 1981
0 C@JFNT
INEY
1 5-
ITEM II-J.1 ITEM #17557
LAKE SHORES SEWER LINES VS. SEPTIC TANKS WAS BROUGHT FORWARD AND
CONSIDERED PRIOR TO ITEM II-F.2, (the Ordinance regarding Avalon
Terrace sewer installations
Mayor McCoy requested the City Attorney to present his legal opinion
on this matter.
The City Attorney advised "there is outstanding litigation in other
sections of the City on this very issue, and to change the operation
at the present time may give cause for different charges to be made
concerning that law suit. Unless therq are ample and justifiable
reasons from the Health Department that Council should take some other
course, I would recommend that we stay on that same course as recommended
by the Health Department."
The following persons appeared in opposition to sewer installation in
the Lake Shores area of Virginia Beach:
Mr. James Laughlin, 5252 Shenstone Circle
Mr. Francis Pogue, President, Lake Shores Civic League,
1816 Meredith Road,
Mr. Theodore Cataldo, 5173 Lake Shores Road
Mr. Lloyd Willett, 5229 Tern Road
Mrs. Ruth Warren, representing residents of Lakeview
Park
Mr. Charles Baber, 1608 Shenstone Court
Dr. William A. George, 5221 Lake Shores Road
Mr. Kevin S. Peek, resident of Lakeview Park
Mrs. Margaret Harrell
Mr. William McCullen
Dr. William Crawford, Regional Director, State Health Department, appeared
concerning this matter.
Dr. George Sjolund, Director, Virginia Beach Health Department, appeared
concerning this matter.
1 6-
ITEM II-F.2 ITEM #17558
Upon motio@i by Councilman Buchanan, seconded by Councilwoman Oberndorf ,
City Council voted to DEFER FOR TWO WEEKS (4 January 1982), the Ordinance
to authorize the acquisition of property in fee simple for Avalon Terrace
sanitary sewer project and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or by condemnation.
Voting: 9- 2
Council Members Voting Aye: (for deferral)
E. T. Buchanan, F. Reid Ervin, 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:
John A. Baum, and Vice Mayor Harold Heischober
Council Members Absent:
None
1 7-
P L A N N I N G A G E N D A
ITEM II-G-1 ITEM #17559
Mr. Pat Gome:z represented the applicant
Upon motion by.Councilwoman McClanan, seconded by Councilwoman Henley,
City Council voted to DEFER FOR THIRTY DAYS the application of EDNA
AND ALBERT GOMEZ for a Change of Zoning District Classification, as
per the following:
Ordinance upon application of Edna and Albert Gomez for a
Chan'e of Zo nin, Dittrict Classification from AG-2 Agri-
cuTtural Di ,trict to B-2 Community-Business District on
certain property located on the East sid6 of North Landing
Road beginhing at a point 150 feet more or less South of
Princess Anne Road, running a distance of 134.92 feet along
the East side of North Landing Road, running a distance of
413.60 feet in a Southeasterly direction, running a distance
of 318 feet in a Southwesterly direction, running a distance
of 220 feet more or less in a Southeasterly direction, run-
ning a distance of 440 feet more or less in a Northeasterly
direction, running a distance of 430 feet more or less in a
Northwesterly direction, running a distance of 45-10 feet in
a Southwesterly direction and running a distance of 207.30
feet in a Northwesterly direction. Said parcel contains
3.34 acres more or less. PRINCESS ANNE BOROUGH.
Voting: 1 1 - 0
Council Members Voting Aye: (for deferral)
John A. BaLin, 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
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE" FOR DEFERRAL.
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ITEM II-G.2 ITEM 17560
Senator A. Joseph Canada represented the applicant
Upon motion by Coun c il man Buchanan , seconded by Counci l woman Hen l ey, Ci ty
Council voted to DEFER UNTIL JANUARY 4, 1982 the application of VIRGINIA
BEACH HOLDING CORPORAT ION f or a -Change of Zon in g District Cl as s if i cation ,
as per the following:
Ordinance upon application of Virginia Beach Holding Corporation
for a Change of 'Oning 'istrict C,aSS ification from A-1 Apartment
Distr ict to T-2 kpartent District on certain property located at
the Southwest intersection of Reynard Drive and Freemac Drive,
running a distance of 256.95 feet along the South side of Reynard
Drive, running a distance of 252-13 feet along the Western property
line, running a distance of 1440.20 feet along the Southern property
line, running a distance of 413-71 feet along the Eastern property
line, running a distance of 1243 feet in a Westerly direction,
running a distance of 100 feet in a Southerly direction, running a
distance of 60 feet in a Westerly direction and running a distance
of 108.02 feet in a Northerly direction. Said parcel contains
11.075 acres. LYNNHAVEN BOROUGH.
Vot ing 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
ITEM I I-G. 3 ITEM #1 7 561
Senator A. Joseph Canada represented the appl@icant
Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of HAZEL JAMES DAVIS for a Change of Zoning
District Classification, subject to the recommended con l@tions transmitted
in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF HAZEL JAMES DAVIS Z01221621
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COLINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hazel James Davis for a Chan!l oofffzoenin,
District Classification from R-8 Residentia'l Ulstrict to U ic
District on certain property located at the Southeast corner of Virginia
Beach Boulevard and Louisa Avenue, running a distance of 60 feet along
the South side of Virginia Beach Boulevard, running a distance of 162
feet along the Eastern property line, running a distance of 60 feet
along the Southern property line and running a distance of 162 feet
along the East side of Louisa Avenue. Said parcel contains .22 acre.
LYNNHAVEN BOROUGH.
Apprbval 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 provide pavement widening, sidewalk and
curb and gutter improvements to Louisa Avenue and Virginia
Beach Boulevard as needed.
4. The developer shall provide adequate site drainage including
all necessary downstream improvements and easements.
5. A-17-foot dedication along the frontage on Virginia Beach
Boulevard, 45 feet from the centerline of the existing
56-foot right-of-way; together with a five-foot dedication
along the frontage on Louisa Avenue, 25 feet from the
centerline of the existing 40-foot right-of-way.
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 December, 1981.
- 20 -
Voting: 11-0
Council Members Voting Aye:
John A. BaLgn, 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
21 -
ITEM II-G-4 ITEM #17562
Mr. James A. Darden represented the applicant
Mr. Andy Wood spoke in favor of the application
Mr. Bobby Jarman appeared in opposition
Mrs. June Lawrence appeared in opposition
Upon motion by Cbuncilman Buchanan, seconded by Councilwoman Oberndorf,
City Council voted to DENY the application of DR. MARILOU M. KOLLAR AND
DR. CONNIE R. WEET for a Change of Zoning District Classification, as per
the following:
Ordinance upon application of Dr. Marilou M. Kollar and Dr. Connie
R. Weet for a Change of Zoning District Classification from R-8
Residential District to 0-1 0 n certain property
located at the Northeast corner of Ansol Lane and Morrison Avenue,
running a distance of 150 feet along the North side of Ansol Lane,
running a distance of 100 feet along the Eastern property line,
running a distance of 150 feet along the Northern property line
and running a distance of 100 feet along the East side of Morrison
Avenue. Said parcel is located at 2728 Ansol Lane and contains
.34 acre. LYNNHAVEN BOROUGH.
Voting: 6-5
Council Members Voting Aye: (for denial)
E. T. Buchanan, F. Reid Ervin, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Vice Mayor Harold Heischober, Clarence A.
Hol land, M. D. , Mayor J. Henry McCoy, Jr. , D. D. S. , and
Patrick L. Standing
Council Members Absent:
None
- 2 2-
ITEM II-G.5 ITEM #17563
Mr. Edgar Ramos represented the applicant
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CHONG H. PAK, T/A PAK'S
AUTO BODY REPAIR for a Conditional Use Permit subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CHONG H. PAK, Z01221438
T/A PAK'S AUTO BODY REPAIR FOR A CONDITIONAL
USE PERMIT FOR AUTO BODY REPAIR AND PAINTING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Chong H. Pak, T/A Pak's Auto Body
Repair for a Conditional Usb Permit for auto body repair and
painting on certain property located on the West side of Maxey
Drive beginning at a point 50 feet more or less North of Virginia
Beach Boulevard, running a distance of 25 feet more or less along
the West side of Maxey Drive, running a distance of 130 feet more
or less along the Northern property line, running a distance of 25
feet more or less along the Western property line and running a
distance of 130 feet more or less along the Southern property line.
Said parcel is located at 305 Maxey Drive and contains .074 acre.
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. All repair work shall be conducted within the building.
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 December, 1981.
2 3-
Vot ing 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
- 24-
ITEM II-G-6 ITEM #17564
Mr. Phil Wellman, President of Cape Henry Hardware, Inc., appeared
in favor of his application
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CAPE HENRY HARDWARE, INC., for a Conditional
Use Permit subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CAPE HENRY HARDWARE R01221439
INC., FOR A CONDITIONAL USE PERMIT FOR OUTSIDE
STORAGE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Cape Henry Hardware, Inc. , for a
Conditional Use Perinit for outside storage on certain property
located on the East Side of North Great Neck Road beginning at
a point 730 feet North of Mill Dam Road, running a distance of
112 feet along the East side of North Great Neck Road, running
a distance of 360 feet along the Northern property line, run-
ning a distance of 90 feet along the Eastern property line and
running a distance of 360 feet along the Southern property line.
Said parcel contains .83 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 two (2) years.
2. Standard improvements as required by the Site Plan Ordinance.
3. The storage yard shall be completely enclosed except for
necessary openings for ingress and egress by a solid wooden
fence not less than six feet in height.
4. Items to be contained within the proposed outside storage
area must be in conjunction with sales on the property.
5. A solid six (6') foot fence shall be provided along the
northern property line.
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 December, 1981
2 5-
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baun, 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
26-
0 R D I N A N C E S S T R E E T C L 0 S U R E S
ITEM II-H.I.a ITEM #17565
Mr. Tom Aiken spoke in opposition
Upon motion by Coun c i l man Buchanan, seconded by Coun c il man Stand in g , Ci ty
Council voted to uphold the recommendation of the Planning Commission and
DENY the petition of Bangel-Kramer Enterprises, Inc., for the closure of
a portion of Croatan Road;
AND, APPROVE the closure of the cul-de-sac at the northern end of Kerry
Lane, subject to the resubdivision of all surrounding p@operties
affected by this closure.
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 7-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
PORTIONS OF THAT CERTAIN STREET APPROXIMATELY TWENTY
FEET IN WIDTH KNOWN AS CROATAN ROAD
AND A CRESCENT SHAPED PORTION OF THE CUL-DE-SAC AT THE
END OF KERRY LANE, LOCATED IN THE CITY OF VIRGINIA BEACH
VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"RESUBDIVISION OF PART OF DROATAN BEACH',, WHICH PLAT
IS RECORDED IN THE CLERK'S OFFICT OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP
BOOK 37 AT PAGE 11.
WHEREAS, it appearing by affidavit that proper notice has
been given by the Bangel-Krambr Enterprises, Inc. that it would
make application to the Council of the City of Virginia Beach,
Virginia, on October 26, 1981, to have the hereinafter
described steet discontinued, closed and vacated; and WHEREAS,
it is the judgment of the Council that said street be dis-
continued, 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 dis-
continued, closed, and vacated:
PARCEL I
Northern twenty feet (20') of part of
Croatan Road beginning at a point in the
northern line of Croatan Road at its
intersection with the western line of Kerry
Lane as shown on the plat entitled
'Resubdivision of Part of Croatan Beach"
recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 37 at page 11,
and from said point of beginning running N.
741 251 431 W. 776.179 feet to a point;
thence turning and running along an arc
curve to the right having a radius of
101.10 feet an arc distance of 70.228 feet
to a point; thence turning and running S.
271 471 4211 W. 44.434 feet to a point;
thence turning and running S. 74, 251 43"
E. 830.290 feet to a point; thence turning
and running along an arc curve to the left
having a radius of 20 feet an arc distance
of 30.712 feet to the point of beginning
aforesaid.
I 9 21
- 28-
PARCEL II
Northern Twenty Feet (201) of part of
Croatan Road beginning at a point in the
northern line of Croatan Road and the
eastern line of Kerry Lane as shown on the
aforesaid "Resubdivision of Part of Croatan
Beach" and from said point of beginning
running S. 74@ 25' 43" E. 500.116 feet to a
point in the Western line of Secotan Road;
thence turning and running along an arc
curve to the right having a radius of
938.37 feet an ar-- distance of 3.894 feet
to a point; thence running along an arc
curve to the right having a radius of 20
feet an arc distance of 23.031 feet to a
point; thence turning and running N. 74'
251 4311 w. 491.866 feet to a point; thence
turning and running along an arc curve to
the right having a radius of 20 feet an arc
distance of 31.416 feet to the point of
beginning aforesaid.
PARCEL III
That certain crescent shaped portion of the
cul-de-sac at the northern end of Kerry
Lane as shown on the plat, 'Resubdivision
of Part of Croatan Beach", recorded in the
Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map
Book 37, at Page 11, lying adjacent to Lots
7 and 8, on Kerry Lane on the plat afore-
said.
Said parcels of land being portions of -@roatan Road and Kerry
Lane as shown on that certain plat of property of Croatan
Beach, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 37 at page 11 which is made a part hereof by rel@erence.
SECTION II
This Order shall be in effect from a date thirty (30) days
after its passage.
SECTION III
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 name of the City
of Virginia Beach as Grantor.
DENIED: the closure of a portion of Croatan Road
APPROVED: the c ul -de - sac at tLe-.Io rther n end of
Kerry Lane
1 2/21
- 2 9-
ITEM II-H.I.b ITEM #17566
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning Commission
and PERMIT WITHDRAWAL of the petition of Beach Villas, Inc., for the
closure of a portion of 20th Street, in the Virginia Beach Borough.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
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
*COUNCILMAN STANDING VOICED A VERBAL "AYE" FOR WITHDRAWAL
- 30 -
j
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF 20TH STREET AS SHOWN ON A PLAT ATTACHED
HERETO
WHEREAS, it appearing by affidavit that proper notice has
been given by Beach Villas, Inc., that it would make application to the
Council of the City of Virginia Beach, Virginia, on
to have a portion of the hereinabove 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:
Bounded on the east by a cinderblock wall, located
at the terminus of that portion of 20th Street previously
closed (from the west side of Cypress Avenue west to the
said cinderblock wall), thence, along the south side of
20th Street a distance of 45.68 feet to a point; thence
N 36* 03' E a distance of 46.88 feet to a point; thence
N 24* 52' W across said 20th Street to a point on the
north side of 20th Street; thence in a north easterly
direction along the said north side of 20th Street to the
cinderblock wall a distance of approximately 77 feet.
Said parcel of land being a portion of Twentieth Street as indicated
on that certain plat of property entitled "Park Place Beach Villas - A
Condiminium" and which is m&de a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be forwarded to the
Clerk of the Circuit Court of Virginia Beach, Virginia for recordation
showing the City of Virginia Beach as grantor.
SECTION III
This ordinance shall be in effect thirty (30) days from the
date of its passage.
UTLER& BUTLER
.TTORNEYS T L..
1 2 / 21 81
- 31 -
ITEM II-H.l.c ITEM #17567
Attorney V. Alfred Etheridge, Jr., represented the applicant
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the petitioh of D. Murray Malbon for the closure of a
portion of Jefferson Avenue, in the Lynnhaven Borough.*
Voting: 11-0
Council Members Voting Aye:
John A. BaLgn, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Hplland,
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
*Although the Minutes reflect this item in the proper order the voting
sheet reflects this item out of order.
- 3 2-
ITEM #17567(a)
Attorney Etheridge requested the City Council to reconsider the petition
of D. Murray Malbon for the closure of Jefferson Avenue and approve the
Ordinance as drafted by the City Attorney.
Upon motion by Coun c il man Buchanan, seconded by Counci I man Ba um , Ci ty
Council voted to RECONSIDER the petition of D. Murray Malbon for the
closure of a portion of Jefferson Avenue, in the Lynnhaven Borough.
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
33-
ITEM #17567(b)
Upon motion by Councilman Buchanan, seconded by Councilman Baum, City
Council voted to ADOPT the Ordinance AS DRAFTED BY THE CITY ATTORNEY
closing a poetion of Jefferson Avenue, in the Lynnhaven Borough:
Voting: I I - 0
Council Members Voting Aye:
John A. Bam , 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
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE" FOR APPROVAL
34-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VJ%RIABLE WIDTH KNOWN AS JEFFERSON
AVENUE, AND THE VACATING OF ANY PORTION OF
WRIGHT'S R. OF W. NOT PREVIOUSLY CLOSED AND
THE RESULTING RESUBDIVISION OF LOTS, SECTIONS
A, B, C, AND D, ALL OF WHICH ARE SHOWN ON
THAT CERTAIN PLAT ENTITLED "CLOSURE OF A
PORTION OF JEFFERSON AVENUE, AND RESUBDIVI-
SION OF UNNUMBERED LOT AND LOT 2, AND SEC-
TIONS A, B, C, AND D, A DIVISION OF ALBERT
WRIGHT'S ESTATE (M.B. 13, PG. 2), VACATED
WRIGHT'S R. OF W. AND PORTION OF VACATED
JEFFERSON AVENUE (M.B. 3, PG. 24), LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VA.'- REVISED 11-25-81,
WHICH PLAT IS ON FILE IN THE PLANNING DEPART-
MENT OF THE CITY OF VIRGINIA BEACH.
WHEREAS, it appearing by affidavit that proper notice
has been given by D. Murray Malbon, that he would make application
to the Council of the City of Virginia Beach, Virginia, on
September 21, 1981, 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 discon-
tinued, closed and vacated subject to the restrictions contained
in the below-referenced plat:
Beginning at a point where the Easterly side
of Jefferson Avenue as shown on a plat entitled
"Virginia Beach Annex No. 2" which plat is
recorded in the Clerk's office of the Circuit
Court of Virginia Beach, Virginia, in map
Book 3 at page 24, intersects with the South-
erly side of 19th Street; thence S 830 26' 11"
W 21.90 feet along the Southerly side of 19th
Street; thence S 80 5' 21" W 72.29 feet; thence
S 60 241 39" E 241.78 feet; thence N 830 35'
21" E 9.35 feet; thence along a curve to the
right (radius: 420 feet) 41.35 feet; thence
along a curve to the right (radius: 420 feet)
24.40 feet; thence N 140 401 16" E 33.05 feet;
thence N 60 24' 39" W 218.04 feet to the point
of beginning.
Said parcel of land being a portion of Jefferson Avenue
as indicated on that certain plat entitled "CLOSURE OF A PORTION
3 5 -
OF JEFFERSON AVENUE, AND RESUBDIVISION OF UNNUMBERED LOT AND LOT
2, AND SECTIONS A, B, C, AND D, A DIVISION OF,ALBERT WRIGHT'S
ESTATE (M.B. 13, PG. 2), VACATED WRIGHT'S R. OF W. AND PORTION OF
VACATED JEFFERSON AVENUE (M.B. 3, PG. 241, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VA.", REVISED 11-25-81.
SECTION II
BE IT FURTHER ORDAINED that the resubdivision establish-
ing lots A-1, B-1, C-1, and D-1 is hereby approved, and that any
portion of Wright's R. of W. that has not heretofore been closed
or vacated is hereby closed and vacated by reason of this resub-
division and plat vacation as shown on that certain plat entitled
"CLOSURE OF A PORTION OF JEFFERSON AVENUE, AND RESUBDIVISION OF
UNNUMBERED LOT AND LOT 2, AND SECTIONS A, B, C, AND D, A DIVISION
OF ALBERT WRIGHT'S ESTATE (M.B. 13, PG. 2), VACATED WRIGHT'S R.
OF W. AND PORTION OF VACATED JEFFERSON AVENUE (M.B. 3, PG. 24),
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA.", REVISED 11-25-81 pursuant
to Section 15.1-482(a) of the Code of Virginia, 1950, as amended.
SECTION III
A certified copy of this ordinance and attached plat
shall be recorded in the Clerk's 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 IV
This Ordinance shall be effective thirty (30) days from
the date of its passage.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-First day of December, 1981
-2-
- 36 -
ITEM II-H.I.d ITEM #17568
Samuel I. White represented the applicant
Attorney W. R. Wahab spoke regarding this matter.
Councilman Buchanan advised he received a request from neighbors in the
area for a two week deferral (January 4, 1982).
Councilman Buchanan made a motion to DEFER this matter until January 4,
1 982.
There being no second, the motion was lost.
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the petition of Harry Sandler for the closure of a portion
of Cape Henry Drive, in the Lynnhaven Borough; subject to the following
provisions:
The vacation of the existing lot lines for all
surrounding properties affected by this closure
in order to ensure that all lots have access to
a public street.
The ultimate disposition of this right-of-way
should be by means of purchase rather than
direct conveyance to the adjoining property
owner.
Voting: 1 0 - I
Council Members Voting Aye:
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:
E. T. Buchanan
Council Members Absent:
None
3 7-
ORDINANCE NO.
Ili THE MA,= OF CLOS@T, VACAMG AM
DISCCRTM@G A PORTICN OF THAT CERTAIN
STREL;T OF VARIABLE @4=, i AS CAPE
lMqRY DRIVE, AS S@ TJPON THAT =Aiai
PLAT ==, '@PEFLTY LIM AI\ID
TOPOGRAPHIC SLTRVEY OF LOTS 1, 2, P-TTD ME
@@A=G PORTION OF LOTS 3 THRU 10,
MMUDL-qG BLOCK 5, AM TliAT PoniolZ OF
HD'LLY AVEME LYING lURT[i AILM SOUIH OF A
RIGRT-OF-WAY DESI N.S.R.R. ELECRIC
DIVISION (NOW PEDP= OF THE CITY OF
BEAC[il VIR ) L)MMVEQ SHORES,
(14.B. 7, P. 167) FOR Y@ sm=,
1970.
1 it appearing by Affidavit that property notice has been
gi- bY Harry Sandler tbat he would make application to the camcil of the
City of Virginia Beach, Virginia, on , to bave
the hereinafter described street discontirrued, closed mid vacated; and
WHERMS, it is the judgment of the Council that said street be
discon@d, closed and vacated;
NOW, IT, ,
SECrION I
BE IT 0 by the Comcil of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed and vacated:
All that certain piece or parcel of 1.md desigiated as Cape Henry
Drive, Area = 0.483 acre situated, lying and being in Lyrmhaven Borough, city
of Virginia Beach, Vir@, as s@ on that certain plat entitled "Property
Line -d ToPograPhic Survey of Lots 1, 2-d the r portion of lots 3
d= 10, inclusive, Block 5, and that portion of Holly Avenue lying North and
South of a Right-of-Way desi@ted N.S.R.R. Electric Division (now the pro-
p-ty of the City of Vir@a Beach, Virginia), L@ven Shores (M.B. 7, P.
167) for Harry Sandle:e', Scale 1"--20', dated May 1, 1970, made by Frank D.
Tarrall, Jr. and Associates, a copy which is hereto attached, said parcel
being -re ParticularlY bounded and described as follows:
Begirming at a point where the wstern right-of-way line of Jetty
Street (60') intersects the northern riglit-of-way line of Cape Henry Drive
(50') as shmm on the aforesaid plat, from said point of begiming continue
along the weste2:n right-of-way line of jettj Street across the ri@-of-way
3 8-
line of Cape @ Drive S100-19'-00"E, 50.00 feet; thence rm along the
southern right-of-way of Cape Hen-ry Drive S790-4l'-OUII, 415.46 feet; thence
.N220-34'-00"W, 51.17 feet crossing the right-of-way line of Cape Henry Drive
to its northern rig)at-of-way line; thence rm.along said northe-m right-of-
way line ii790-4l'OO"E, 426.31 feet to the point of begiming. Said parcel
contains 0.483 Acre.
Said parc,-l of land b@cts, a portion of Cape Henry Drive as indicated
on that certain plat of Lymihaven Shores, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in MV Book 7, at Page 167, and which is Tmde a part hereof by reference
thereto.
SECI'IO-LI II
A copy of tbis ordinance shall be filed in the office of the Clerk of
the Circuit Court of this City with the City being named as Grantor.
SECrION III
This Ordinance shall be in effect thirty (30) days after date of its
passa.ge.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of December, 1981
3 9-
ITEM II-H.l.e ITEM #17569
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the petition of Thomas C. and Judith C. Kay for the closure
of a portion of Circle Lane, in the Lynnhaven Borough; subject to the
provision of a utility easement over the entire parcel, and deleting
the provision that the roadway remain public from Shore Drive and end
in a cul-de-sac having a radius of at least fifty (50) feet.
Voting: 9- 2
Council Members Voting Aye:
John A. BaLon, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Clarence A. Holland, M.D., W. H.
Kitchin, III*, Mayor J. Henry McCoy, Jr., D.D.S., Meyera
E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
I Barbara M. Henley**, and Reba S. McClanan***
Council Members Absent:
None
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
**COUNCILWOMAN HENLEY VOICED A VERBAL "NAY"
***COUNCILWOMAN McCLANAN VOICED A VERBAL "NAY"
40 -
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
THOMAS C. KAY and JUDITH C. KAY
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF A PAPER STREET KNOWN AS
CIRCLE LANE, IN LYNNRAVEN BOROUGH, IN
TIIE CITY OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, proper notice of the intended application of
the applicants, Thomas C. Kay and Judith C. Kay, to be presented
to the City Council of the City of Virginia Beach, Virginia, on
the _day of 1 1981, and for the vacation of the
hereinafter described portion of Circle Lane in the City of Vir-
ginia Beach, Virginia, was on the day of -1 1981,
duly posted at "he Courthouse of the Circuit Court of the City of
Virginia Beach, Vir.@inia, and at two other public places in the
City of Virginia Beach, Virginia, in confo=ity with the manner
prescribed by Code of Virginia, Section 15.1-364, for t@ institution
of proceedings for the vacation of a public street; and
WHEREAS said application was made to the City Council of
the City of Virginia Beach, Virginia, on the day of
1981, and in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the conduct of such proceedings,
the City Council of the City of Virginia Beach, Virginia, on the
day of 1 1981, which was more than ten days
after posting notice of the intended application as aforesaid,
appointed C. Oral Lambert -1 David M. Grochmal
and Robert J. Scott I as viewers to view such portion of
Circle Lane and report in writing whether in their opinion, any and
if any, what, inconvenience would result from discontinuing the same,
and said viewers have made such report to the City Council of the
City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and after
notice to the la-nd proprietors affected thereby, along the street
GROVER C. W-RIGHT. JR.
AT
- 41-
proposed to be vacated, it is the judgment of the City Council
of the City of Virginia Beach, Virginia, that these proceedings
have been instituted, conducted and concluded in the manner pre-
scribed by Code of Virginia, Section 15.1-364, that no inconvenience
would result from vacating and discontinuing the portion of said
Circle Lane, and that the portion of said Circle Lane should be
vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Virginia Beach, Virginia:
1. That the folloiwng portion of Circle Lane, in the
Borough of Lynnhaven, in the City of Virginia Beach, Virginia, be,
and the same hereby is, vacated and discontinued:
All that portion of Circle Lane which adjoins
Lot 9A as shown on plat entitled "Resubdivision
of Lots 5-9, Linkhorn Bay Corporation, Lynnhaven
Borough, Virginia Beach, Virginia" recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 88, page 20,
and as shown on the plat attached hereto entitied
"Plat Showing A Portion Of Circle Lane To Be Closed
And Vacated By The City Of Virginia Beach, Virginia",
dated July 28, 1980, made by Rouse-Sirine Associates,
Ltd.
2. This ordinance shall be in effect from and after
thirty (30) days from the date of its adoption.
3. A certified copy of this ordinance of vacation shall
be recorded as deeds are recorded, and indexed in the nane of the
City of Virginia Beach, Virginia, as grantor, and in the name of
Thomas C. Kay and Judith C. Kay, as grantees, in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, at
the expense of the applicants.
Certified to be a true and exact copy of an ordinance
adopted by the City Council of the City of Virginia Beach, Virginia,
at its regular meeting held on the 21 -day of December -1 1981.
TESTE: Ruth Smith, City Clerk
Adopted by the Council of the City of Virginia By City Clerk
Beach, Virginia, on the day of
ecember, 1981.
- 42-
ITEM II-H-1-f ITEM #1 7570
Attorney James Evans 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 petition of Chapel Hill Builders for the closure of a portion
of Kings Neck Road, in the Lynnhaven Borough, subject to the resubdivision
of all surrounding properties affected by the closure.
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 3-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCON-
TINUING A PORTION OF THAT CERTAIN STREET OF
VARIABLE WIDTH KNOWN AS KINGS NECK ROAD, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PROPOSED
CLOSURE OF A PORTION OF KINGS NECK ROAD IN KING'S
POINT EAST, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA".
I,IHERFAS, it appearing by Affidavit that proper notice
@as been given by Chapel Hill Builders, that it would make ap-
plication to the Council of the City of Virginia Beach, Vikginia,
on 1981 to have the hereinafter described street
discontinued, closed and vacated; and
IIHEREAS, it is the judgment of the Council that said
street be discontinued, closed and vacated;
NOW, THEREFO-RE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be dis-
continued, closed and vacated:
That portion of Kings Neck Road beginning at a
point on the northeasterly right-of-way line of
Kings Neck Road, said point being N440 241 24" E,
853.45 ft. from the northwesterly end of return
of the northerly corner of the intersection of
King's Neck Road and Shakespeare Drive; thence
N440 241 24" W, 127.28 ft. to a point; thence
along a curve to the right having a central angle
of 100 45' 15", a radius of 50.00 ft. and an arc
length of 9.38 ft. to a point; thence along an-
other curve to the right, which curve is not tan-
gent to the previously described curve, having a
central angle of 1470 28' 18", and a radius of
50 ft., and an arc length of 128.69 ft. and a
chord,bearing of SS580 08' 33" E, to a point; thence
along a curve to the left having a central angle
of 600 00' 00", and a radius of 50.00 ft. and an
arc length of 52.36 ft. to a point, the point of
beginning.
Said parcel of land being a portion of Kings Neck Road as indi-
cated on that certain plat of property to be vacated along exist-
ing Kings Neck Road for Chapel Hill Builders, which plat is re-
corded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book at page
and which is made a part hereof by reference.
44-
SECTION II
The street discontinuance closure and vacation as provided
in Section 1, above shall not be e,ffective until such time as two (2)
lanes of the relocated Kings Neck Road have been constructed and are
operable; and Chapel Hill Builders shall at all times maintain an
adequate paved roadway for thru-traffic during the construction of
the aforesaid relocated Kings Neck Road.
SECTION III
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 of Virginia Beach as Grantor.
SECTION IV
This Ordinance shall be in effect thirty (30) days from
the date of its passaue.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of December, 1981
-2-
4 5-
ITEM II-H-1.9 ITEM #17571
Attorney William R. Wahab represented the applicant, and requested
a deferral
Upon motion by Councilman Buchanan, seconded by Councilman Baum, City
Council voted to DEFER FOR THIRTY (30) days the petition of Richard H.
Kline for the closure of a 24-foot, un6amed right-of-way, in the Lynnhaven
Borough.
Voting: I 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
*VICE MAYOR HEISCHOBER VOICED A VERBAL "AYE" FOR DEFERRAL
46-
ORDINA"@l-E ','O.
Al@' ORDI@'@A@'@Cl,. CL,OS@ci, VACATINC@
AND DfSCON@TINLIT',,T(, 'rT4AT CET?,q'@,11,1
UtTDEVELOT@'E],' @IGII'I'-OT-'_',,T AY T@'v'ENTY-FOUR
v
FEET (24') l,i WID'I'H LOCATED
IN LYNNHAVEN BOROU(,,H, CITY OF
@IIPGINIA BEilC@'i VlrCINIA
@VflEltE,@S, pi-or)er notice thit Richai-d H. Kline would mai@(@
c@ition to t'.ie city Couticil of city C)f vi!.gini,,l P@,-a@h@ Vil",i)i,
i-,ave the describecl uiicic-velcped rilbt-o@-way t@verty-fo(,:r f-,Lt
(241) in width closed, vacated and discontinued as duly posted; and
WHEREAS, the Petitioner as owiier of the property abuttinp,- said
street which ;s affected by its closure has requested the saiet str--et to
be closed; and
WIIEREAS, application was made to the Citv Platinin@ Co.,niTii,--@i
c.,n
and to the City Council, and, pursuant to the stattites in sucli cases
mf-de provided, the Council appointed Viewers who have reported te-, tlic-
Council that no inconvenience to the public or to pti,@ate individuals
would result from stich closing, vacatira and d'sco@-@ti;iuanc-P.- and
WITT7TtEAS, it i3 t,i-- jttdg-,r@ent of the Coti@c;l tilct th-- siii
Iiould bc clc,.,Icd, vacateli and
NOW. THE'IEFORE, be it ORDAINEI) BY THE (-,'OU@@CIL OF 'rT@,
CITY OF VIDGINIA --'-ACIT, V@@l-IG'@,IIA;
Sectioti 1: Tliat the said uidevelcped right-of-v,,ay twenty-fcl]C
feet (241) in width located in Lynnhaven Borough, City of Vir@,,;ni@.
Beach, Virginia, is hereby closed, vacated and discontinued, said
of-way not being needed for public use:
ALL that certain undevelopcd rig@lit-of-way situate in
the Lynnhaven Borough of the City of Virainia B,-ach,
Virginia, twenty-four feet (241) in width running
north between parallel lines from tlie northerl riglit-
of-way line of Soutliern Boulevard (whicli is tha" cer-
tain 'Lwenty-four foot street running adjacent to
Norfolk ai,.d Sotthern ilailroad) ii di:@tance of 222 feet
as stiown oii tliat cert:,i;n maD of "Pror)ert@7 @f @v !L
Piyiie, locate(] at Lvilnil.,IvE-'n in Princess Anne Co.
Va.,. S(,al(- 100' Api,;l 24, 1946, W.B. -@allup
1--ounty Surveyor", whicli m&D is recorded of record in
th@, Clcrlls -f,ic!c of Ih-- --@@roult @-(,Urt oi tiic@ CiLy
of Vir,ini,) Virginia i@n. Boo'@ 18, P-t @,i@e
20.
Scction 2: T@i,,it thirty (lavf, (,,fter this dLi@, @-opy cf
@l LA,i this Ordinance, e-rti@ed @@V th@ Clc,,Yk, be specad udon the i
i 11 (-;Ou- ci tlc 'v f
4 7-
Bcach. Viegillir,, n i,dexd !r, Ilcl.
a dccd of
d an
lands.
Ths Ordinance
e,,iactcd ar@d approv(,.d this da
y
of 1981.
8.5. 1 1. C
FACil. 234@?
2
- 48-
ITEM II-H.2.a ITEM #17572
Upon motion by Coun c il man Buchanan, seco nded by Counci l woman Hen l ey,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Section 6-111 of the
Code of the City of Virginia Beach, Virginia, pertaining to the
speed of motor boats, and to change the title of the section.
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 9-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-111 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA PERTAINING
TO THE SPEED OF MOTOR BOATS, AND TO
CHANGE THE TITLE OF THE SECTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-111 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained as follows:
Section 6-111. Operation of motor
boats at such excessive speed or in uch manner
as to cause danqerous waxe.
(a) It shall be unlawtul for any person operating any
motor boat to pass under any bridge or to operate any motor boat
in any public waterway at such excessive speed or in such manner
as to cause swells or wakes injurious to other boats or vessels
or to bulkheads, piers and shorelines. No person shall be
convicted of violating this subsection unless appropriate signs
indicating the requirement for reduced speed or "no wake" have
been posted so as to give notice thereof, and the city manager is
hereby authorized to post such signs or buoys pursuant to state
or federal regulations as he deems necessary. A plat showing the
aforesaid signs, which have been approved pursuant to state and
federal regulations, shall be available for public inspection
during normal office hours.
(b) The operator of a motor boat, when approaching or
passing vessels under way or lying to or at anchor or made fast
to the shore, or when approaching or passing piers, docks or
boathouses, or when approaching or passing persons in the water
or using water skis or surfbords, shall slacken speed te-the
emtent-neeessery and shall operate such motor boat at such speed
and in such manner as to avoid endang6ring persons or property
by the effect of the motor boat's operation or wake.
(c) Any person who violates the provisions of this
section shall be guilty of a Class 4 misdemeanor.
This ordinance shall be effective from the date of its
adoption.
Adopted by the City Council of the City of Virginia
Beach on the 21 day of December 19 81
GLF/re
12/8/81
A.1
- 50 -
ITEM II-H.3.a ITEM #17573
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to appropriate funds of $208,909
to the Department of Public Works for Atlantic Avenue improvements.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. BaLim, 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
Rc-quested by: City @',Ianager
A'\' ORDINANCE '@'O AprROPRIATE FuliDS
OF $208,909 TO T-'@ DPAar@.rll OF
PUBLIC WO,-,KS FOR ATLANTIC iVENUE
1112ROVLI-IENTS
WHEREAS, the reroval of @'-zom Atl,-,Iltic ANenue has
created the need to prof:i.le and ,)ajc the road surface includitig
the installation of new signs and additio-lal trllffic s@@cqials on
Street, and
WHEREAS, the cost of the new signs will be funded from the
operating budget and the pavement rrarkings will be funded from a
Highway Safety Grant, and
WHERI,:AS, funds of $208,909 are needed for che remainder of
tlie work which is pavement from 5th Street to 31st Street and
traffic signals at 19tll Street.
NOW, IIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH that funds of $208,909 be appropriated from the
General Fund Balance to the Department of Public "orks .-or Atlantic
Avenue improvements.
T'Iii-- ordinance shall be e.4fective from date of ado,,)t,*On.
Adopted by the Council of the Citv of Virgin-a B-ach , -@he
of- 19
First Reading: December 21, 1981
Second Reading:
S[Ci4ATUP-'
DEPAPTMENV.
5 2-
ITEM II-H.3.b ITEM #17574
Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON FIRST READING the Ordinance appropriating Fifty Thousand Dollars
($50,000) for the purpose of undertaking an engineering study of the
potential impact of Virginia Beach membership in the Appomattox River
Water Authority.
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 3-
AN ORDINANCE APPROPRIATING FIFTY THOUSAND
DOLLARS ($50,000.00) FOR THn-' PURPOSE OF
U14DERTAKING AN ENGINEERING SII'UDY Or TiiE
POTEN@mIAL IMPACT OF VI.RGINIA BEACH MEI-ISER SHIP
IN THE 1,PPObIATTOX RIVER ;IATER AUTHORTa'.z
WHEREAS, the City of Virginia Beach has expressed a
desire to s6ek membership in the Appomattox River Water
Authority; and
WHEREAS, the Appomatox River Water Authority has
approved the undertak4.ng of an Engineering -otudy to exaiiiine
various aspects of the potential inipact upon the Authority's
systen, should Virginia Beach be granted mcinb,-,,--sliip; and
WHEREAS, the City 6f Virginia Beach is willing to bear
tbe cost of such study; and
NOW, -@Hr-IIEFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the ano,-,nt of F'if"y Thous@-nd Dollars ($50,000.00)
is hereby appropriated @-or such ourpose. the C4.11y Mar,;ngor
is hercby authc,--!-zod to cxecute a contract upon ap.-roval as to
fotm by the City Attorney for such Engineering Study at a cost
not to exceed Fifty Thousand Dollars ($50,000.00) without further
authorization.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 1981.
P-IIMI d a
12/17/81 FIRST READING: December 21, 1981
(1) S@COND READING:
- 54-
A P P 0 1 N T M E N T S
ITEM II-I.1 ITEM #17575
Upon nomination by Councilman Kitchin, City Council APPOINTED the
following to the ADVERTISING SELECTION COMMITTEE for terms 6f two
(2) years, beginning January 1, 1982 and terminating December 31,
1 98 3:
Representative of Council - F. Reid Ervin
Staff Members - A. James DeBellis
Edwin S. Clay, III
Public-At-Large - Harry B. Price, III
Citizens of Virginia Beach - Daniel L. Kensil
Lynn Fisher
Scott Sterling
Melvin Koch
Robert Herman
Voting: 10-0
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, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
F. Reid Ervin
Council Members Absent:
None
*COUNCILMAN BAUM VOICED A VERBAL "AYE"
ITEM II - I. 2 ITEM #1 7 576
Upon nomination by Vice Mayor Heischober, City@Council.voted to
APPOINT Mr. Van H. Cunningham to the DEVELOPMENT AUTHORITY to
fill the unexpired term of John W. Wilson, term ending'August 31,
1983.
Voting: 11-0
Council Members Voting Aye:
John A. BaLn, 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
- 56-
ITEM II-I-3 ITEM #17577
Upon nomination by Councilman Holland, City Council voted to REAPPOINT
to the BOARD OF ELECTR I CAL APPEALS Wil Ii am H. Du is,VEPCO Re pre sentati ve,
for a term of two (2) year s beg in n in g January 1 , 1 982 and term in ating
December 31, 1983; AND, APPOINT Robert Henry Smith, Certified Master
Electrician, for a term of two (2) years beginning January 1, 1982 and
terminating December 31, 1983.
Votin g : I 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan*, F. Reid Ervin, Vice Mayor
Harold Fleischober, Barbara M. Flenley, 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"
5 7-
ITEM II-I-4 ITEM #17578
Upon nomination by Councilman Holland, City Council voted to REAPPOINT
to the BOARD OF PLUMBING AND MECHANICAL APPEALS James V. Powell, Jr.,
Engineer, for a term of two (2) years beginning October 3, 1981 and
terminating October 2, 1983; AND, APPOINT Dalvin V. White, Jr., Building
Contractor, and Donald D. Jones, Jr., Master Plumber, for a term of two
(2) years begin@ning January 1, 1982 and terminating December 31, 1983.
Vot i nSS 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:
No ne
- 58-
A D J 0 U R N M E N T
I
ITEM II-L.1 ITEM #17579
Upon motion by Councilman Ervin, City Council adjourned at 4:45 p.m-
Diane M. Hickman, D@e 'ut-y-@ity C @rk
RL4th Hodges 5-glit@h, City C erk Mayor nr@y, j S.
City of Virginia Beach,
V i r g i n i a
21 December 1981
dmh/l et