HomeMy WebLinkAboutJANUARY 5, 1981 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY ki@COY JR.. O.D.S., B .... Rb
VICE-MAYOR IIAROLD liEISCHOBER, A, L.,g.
)OHN A. SAUM. B.@.gb
F. REID ERVIN, A, L.,,,
BARBARA M. HENLEY, P..R. B.-.Rb
CLARENCE A. HOLLAND. tA.D.. B.,.id. B...gh
W. H. KITCHIN. lil. Villi.i. B ... b B.-lb
REBA 5. M@CLANAN, P,i-... A-. B.,..gb
DONALD W. MERRICK. L,-b..- B...gb
MEYERA E. OBERNDORF, A, L.,g. 212 CITY HALL BUILDING
PATRICK L. STANDING, A, L.,g. MUNICIPAL CENTER
VIRGINIA BEACii, VIRGINIA 23456
RUTH HODGES SMITH, Cii, Ci-lk (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 1:00 p.m. - 5 January 1981
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor
2. Matters for discussion by Council
3. Fox Fire Subdivision - Request for Modification
to the Master Street and Highway Plan: Discussion
by Robert J. Scott, Director of the Planning
Department.
4. Status of Water Supply: Update.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Mr. Stephen Marion
Pastor
Kempsville Church of Christ
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED
STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D . MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the minutes o@,f
December 15, 1980.
E. PUBLIC HEARING
1. Notice of a Public Hearing for the purpose
of considering the proposed Amendments to
the City Charter and submitting same to the
General Assembly.
2. Notice of a Public Hearing to determine whether
a franchise should be considered to operate a
cable television system from Third Street to
Cavalier Drive (Virginia Beach Borough).
ITEM II F. CONSENT AGENDA
All matters listed under tbe Consent Agenda are
considered to be routine by tbe City Council and
will be enacted by one motion in the form listed.
Tbere 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. Resolution requesting the State Highway
Commissioner to acquire the necessary
rights-of-way for Newtown Road Project
UOOO-134-107 and Haygood Road Project
UOOO-134-107 and convey the title to such
rights-of-way to the City of Virginia
Beach upon completion of the project.
2. Ordinance to authorize acquisition of property in
fee simple for right-of-way for the intersection
of Oceana Boulevard and Virginia Beach Boulevard
Project No. 2-816 and the acquisition of temporary
and permanent easements of rights-of-way, either
by acquisition or by condemnation.
3. Request of the Commissioner of the Revenue for
license refunds in the amount of $767.50.
4 . Request of the City Treasurer for tax refunds
in the amount of $1,058.13.
5. Ordinance, on second reading, to appropriate
$13,775 to ext nd a specialized Mental Health
Grant for emotionally handicapped students.
6. Ordinance, on second reading, to appropriate
funds from the outheastern Virginia Areawide
Model Program (SEVAMP)
7. Ordinance, on second reading, to provide fourth
cycle funding Tor-the Clean Community System
Program in the amount of $31,014.00
ITEM II G. PLANNING ITEMS
1. Application of Joseph Burroughs for a change of
zoning from AG-2 Agricultural District to B-2
Community-Business District on a 1.8 acre parcel
located at the Southwest intersection of Indian
River Road and Princess Anne Road (Pungo Borough).
This request was deferred uritil today on
December 8, 1980.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Rutb L. Hassell and Mavin B.
Beasley for the@eti-tion for the closure of
a portioft of Greenwell Road, formerly known
as Ewell Place (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II H. ORDINANCES
1. First Readings
a. Ordinance, on first reading, to appropriate
$148,812 for the removal of submerged steel
pilings at the former site of the Virginia
Beach Steel Fishing Pier.
I. UNFINISHED BUSINESS
1. Request of Michael A. Inman, Attorney, for
reconsideration of the application of Stantley
Jones and Pamela K. Jones for a conditional
use permit. (Request for reconsideration was
deferred until today on December 15, 1980).
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 5, 1981
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the
Conference Room, in the City Hall Building, on Monday, January 5,
1981, at One o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. YjcClanan, Mayor J. Henry @Coy, Jr. , Donald W.
@rrick, and @yera E. Oberndorf
Council Members Absent:
Patrick L. Standing
ITEM #16044
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. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other
disposition of publicly held property. (Acquisition, use
or disposition of publicly held property).
3. Discussion concerning the prospective business or
industry where no previous announcement had been made
of the business or industry's interest in locating in
the connnunity. (New Business).
4. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
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Upon motion by Councilman Holland, seconded by Councilman Merrick,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Bam, F. Reid Ervin, Vice @yor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. YjcClanan, Myor J. Henry YjcCoy, Jr., Dcnald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
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M A T T E R S B Y T H E M A Y 0 R
ITEM #16045
Mayor McCoy advised Council that the Norfolk City Council adopted a
Taxi Cab Ordinance permitting reduction of the fare and one-half
fee; however, they did allow the cab companies to impose a 50cts rate
increase in fares.
Mayor McCoy requested Council to adopt an Ordinance concerning this
matter at the next Council meeting, (January 12, 1981).
ITEM #16046
@yor McCoy requested Council to adopt, in the FORMAL SESSION of
Council, a Resolution of Appreciation to Eastern Air Lines, as
requested by the Norfolk Port and Industrial Authority:
RESOLUrION OF APPRECIATION
TO
AIP, LINES
do hereby reco@ize this remarkable record of achie@t,
undertaken and perfarmd for the benefit of the people of the
Greater Ti@ter Area:
WHEREAS, Eastern Air Lines did inaugurate nonstop passenger
service betuven the Cities of Norfolk/Virginia Beach, Virginia,
and Atlanta, Georgia, an N r 1, 1979, with fiw daily
jets; and,
WHEREAS, Eastern Air Lines did furthez increase its frequency of
service between the Cities of Norfolk/Virginia Beach, Virginia,
and Atlanta, Georgia, an December 11, 1980, with sevm daily
jets; and,
WHEREAS, Eastern Air Lines did ina@ate ncnstop passenger
service between the Cities of Norfolk/Virginia Beach, Virginia,
and Raleigh, North Carolina, and direct cnestop to Miami, Flcrida,
on Decenber 11, 1980; and,
WHEREAS, @ough Eastern Air Lines' presence in the Ti@ter
mrketplace in providing healthy ccnpetition it did indeed st@ate
trawl to Atlanta, and t@ough its nujor hub of that City to
Albuquerque, Austin, Birmingbam, Cancun, Charleston, Colmbia, Corpus
Christi, Cozaml, Dallas, Daytcna Beach, Denwz, El Paso, Fort
Lauderdale, Fort @yers, Gainesville, Greenville, Houston, Jacksonville,
@s Vegas, Los Angeles, @lbourne, Yierida, Yjexico City, Mimni, Mobile,
Mmtego Bay, Nashville, NEw Orleans, Portland, Reno, Saint Lcyuis,
Salt Lake City, San Antonio, San Francisco, San Juan, Sarasota, Sa
Seattle, Tallahassee, Tairpa, Tucson, and West Palm Beach; and,
, tbrough the strong efforts of a sophisticated ad\ertising,
marketing program md regional sales solicitation campaign, the
Tidewater ccmmnity has benefited as Eastern did indeed serve over
one quarter of a @llim passengers during the calendar year of
1980; and,
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WHEREA,S, the Tideumter cammity is indebted to the ccrporate
leadership of Colonel Frank Boram, President, Chainwn , and
Ch:Lef Executi-ve Officer, the reg@ leadership of Wilfred
Canbre, Vice President of Sales and Service Southern Divisim,
to the local leaderg4 of Jolm @ughlin, Mamger Sales and
Service-Norfolk/Virginia Beach, and Robert @rney, Manager,
Passenger and Cargo Sales-Tidewater area of Eastem Air Lines.
Let these facts be spread upm the recard acccmpanied by the
sincere and grateful acknowledgement of this Authority and
the citi@ s you serw so wll. "
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #16047
Councilwoman McClanan advised Council of the Ordinance concerning the
removal of submerged steel debris and pilings at the former site of
the Steel Pier; and requested the followi-ng wording be placed in
future Ordinances, such as these:
'!Any item is the respcnsibility of the perscn who @d
it, and initially placed it there."
'Mv City is not liable for the remval of debris, such
as pilings and piers, as they are the soul respcnsibility
of the @r. "
The City Attorney advised Council he will study the matter and bring
it back to Council for their consideration.
I N F 0 R M A L A G E N D A
ITEM #16048
The City Manager advised Council of a letter in the "For Your
Information" section of the Agenda concerning the bids of Bond
Anticipation Notes, in the amount of $21,500,000.
The low bidder was Citibank, N. A. with an effective bid of 8.3725%.
ITEM #16049
The Planning Director advised Council of the request for a
modification to the Master Street and Highway Plan in conjunction
with the construction of the Fox Fire Subdivision, by the reduction
of the Goodman Road right-of-way from a 66-foot right-of-way to a
60-foot right-of-way (four-lane, undivided highway).
This matter will be forward to Council at a later date for vote.
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ITEM #16050
The Director of Public Utilities appeared before Council in the
INFORMAL SESSION to advise Council of the City's net water
consumption from 1977 through 1980; and, further advised that
as of January 1, 1981, four (4) of the four (4) Nottoway River
pumps were in operation, and two (2) of the four (4) Blackwater
River pumps were in operation. (A copy of the report will be
made a part of these proceedings).
The City Manager advised Council that during the winter season the
City will be keeping track of the status of the water supply system
and it is anticipated the City will be requesting the Innkeepers to
advise the incoming tourists of the City's need for water conservation.
It is suggested the increased water rates be advertised in the BEACON
for clarification to the citizens of Virginia Beach.
ITEM #16051
Councilwoman Oberndorf made reference to a letter received from
Doctor W. B. Crawford, Regional Medical Director, concerning
"treated water" and supplementing the water purchased from the
City of Norfolk with well fields.
City Council recessed into EXECUTIVE SESSION, (1:43 p.m.)
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F 0 R M A L A G E N D A
VIRGINIA BF-ACH CITY COUNCIL
Virginia Beach, Virginia
January 5, 1981
2:20 p.m.
Council Members Present:
Jobn A. Baun, F. Reid Ervin, Vice @yor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @yor J. @ @Cay, Jr., Donald W.
@=ick, and @yera E. Oberndorf
Council Members Absent:
Patrick L. Standing
INVOCATION: Mr. Stephen Marion
Pastor
Kempsville Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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m I N U T E S
ITEM II-D.1 ITEM #16052
Upon motion by Councilwoman Oberndorf, seconded by Councilman Merrick,
City Council voted to DEFER ACTION on the Minutes of December 15, 1980,
until the Council Meeting of 12 January 1981.
Voting: 10-0
Council Members Voti-ng Aye:
John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. IkClanan, @yor J. Henry @Coy, Jr., Donald W.
@rrick, and Yjeyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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P U B L I C H E A R I N G S
ITEM II-E.1 ITEM #16053
The following appeared concerning the PUBLIC BEARING to consider
proposed Amendments to the Charter of the City of Virginia Beach,
said Amendments, if approved, to be submitted to the 1981 Virginia
General Assembly:
Mrs. Martha Kessler was in favor of the proposed
Amendments to the City Charter; however, she did
have some questions concerning the Advisory Referendum.
Mr. Richard J. Webbon, Council of Civic Organizations,
was in favor of the proposed Amendments to the City
Charter; however, he felt the term of the Mayor should
be four (4) years instead of the two- (2) year term now
in effect.
Mrs. Helen Love was in favor of the Amendments to the
City Charter.
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to ADOPT "Alternative B", as amended -- the Resolution
as submitted in the Agenda this date deleting the wording:
"Such anuunt as the Counci-I nay determine
not to exceed"
relating to COMPENSATION OF MEMBERS OF City Council:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid E@, Vice Mayor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III
Reba S. @Clanan, @yor J. Herlry @Coy, Jr., Donald W.
Yerrick, and @yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
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R E S 0 L U T I 0 N
WHEREAS, it is the opinion of the Council of the City of
Virginia Beach, Virginia, that the following amendment needs to be
made to the Charter of the City of Virginia Beach, Virginia; and,
WHEREAS, in order to make this amendment, legislative
action is required by the General Assembly of Virginia; and,
WHEREAS, a public hearing was held after due notice of
the same and the proposed Charter Amendment in accordance with
Section 15.1-835 of the Code of Virginia, 1950, as amended:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly of Virginia is roquested to
make the following amendment to the aforementioned Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED, OF
THE ACTS OF ASSEMBLY OF 1962, WHICH PROVIDES
A CHKRTER FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY CHANGING SECTION 3.04 OF THE
CHARTER OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO COMPENSATION OF MEMBERS
OF CITY COUNCIL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
That Chapter 147, as amended, of the Acts of Assembly
of 1962, which provides a Charter for the City of Virginia Beach,
Virginia, be amended by changing Section 3.04 of the Charter of
the City of Virginia Beach, Virginia, as follows:
Section 3.04: Compensation of Members of Council; appointment of
Members to office of profit.
Councilmen shall receive as compensation for their services
$8,000.00 $4999 per annum for Councilmen and $10,000.00 $8999 per annum
for the Mayor. No member of the Council shall be appointed to any
office of profit under the City Government during the term for which
elected and for one year thereafter.
BE IT FURTHER RESOLVED that the City Clerk is directed to
forward a copy of this Resolution to each member of the General
Assembly representing the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
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ITEM II-E.2 ITEM #16054
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to ADOPT the Resolution relating to the Election
of the Mayor.
Voting: 7-3
Council Members Voting Aye:
F. Reid Ervin, Vice @yor Harold Heisc@ber, Barbara M. Henley,
W. H. Kitchin, III, Reba S. YjcClanan, Donald W. @rrick, and
Yieyera E. Oberndorf
Council Members Voti-ng Nay:
John A. Baun, Clarence A. Holland, and @yor J. Henry
@Ccy, Jr.
Council Members Absent:
Patrick L. Standing
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R E S 0 L U T I 0 N
.WHEREAS, it is the opinion of the Council of the City of
Virginia Beach, Virginia, that the following amendment needs to be
made to the Charter of the City of Virginia Beach, Virginia; and,
WHEREAS, in order to make this amendment, legislative
action is required by the General Assembly of Virginia; and,
WHEREAS, a public hearing was held after due notice of
the same and the proposed Charter Amendment in accordance with
Section 15.1-835 of the Code of Virginia, 1950, as amended:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly of Virginia is requested to
make the following amendment to the aforementioned Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED, OF
THE ACTS OF ASSEMBLY OF 1962, WHICH PROVIDES
A CHARTER FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY CHANGING SECTION 3.07 OF THE
CHARTER OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO THE ELECTION OF THE
MAYOR.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
That Chapter 147, as amended, of the Acts of Assembly
of 1962, which provides a Charter for the City of Virginia Beach,
Virginia, be amended by changing Section 3.07 of the Charter of
the City of Virginia Beach, Virginia, as follows:
Section 3.07. Selection and duties of Mayor and Vice-Mayor.
On or after July 1, 1981, the Mayor shall be elected by
direct election of the voters for a term of two (2) years. Any
member of Council or any qualified candidate therefore, may declare
themselves a candidate for Mayor by filing in a manner prescribed by
General Law. The candididate for Mayor receiving the highest number
of votes shall be Mayor, provided, however, that he or she shall first
be elected to Council.
At the first meeting of the term following the General
Election of Council Members, the Council shall choose, by a majority
vote of all members thereof, one of its members to be Vice-Mayor.
The Mayor shall preside over the meetings of the Council,
shall act as head of the City Government for ceremonial purposes
and shall.have such other rights and duties as the Council may
prescribe, in addition to all the rights and privileges of Council
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Members re@eilmen of the City.
The Vice Mayor shall perform the duties of Mayor in the
absence or disability of the Mayor.
BE IT FURTHER RESOLVED that the City Clerk is directed
to forward a copy of this Resolution to each member of the General
Assembly representing the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
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ITEM II-E.3 ITEM #16055
UDon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
council voted to ADOPT the Resolution relating to Advisory Referendums,
(Alternate "C")
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @yor J. Heriry @Coy, Jr., Donald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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R E S 0 L U T I 0 N
WHEREAS, it is the opinion of the Council of the City of
Virginia Beach, Virginia, that the following amendment needs to be
made to the Charter of the City of Virginia Beach, Virginia; and,
WHEREAS, in order to make this amendment, legislative
action is required by the General Assembly of Virginia; and,
WHEREAS, a public hearing was held after due notice of
the same and the proposed Charter Amendment in accordance with
Section 15.1-835 of the Code of Virginia, 1950, as amended:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly of Virginia is requested to
make the following amendment to the aforementioned Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED, OF
THE ACTS OF ASSEMBLY OF 1962, WHICH PROVIDES
A CHARTER FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY CHANGING SECTION 3.09 OF THE
CHARTER OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO ADVISORY REFERENDUMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
That Chapter 147, as amended, of the Acts of Assembly of
1962, which provides a Charter for the City of Virginia Beach, Virginia,
be amended by changing Section 3.09 of the Charter of the City of
Virginia Beach, Virginia, as follows:
Section 3.09. Advisory Referendums.
Upon the filing with the Clerk of the Circuit Court of
the City of Virginia Beach, of a petition signed by a number of
qualified voters in Virginia Beach equaling twenty-five percentum of
the number of voters voting in Virginia Beach at the last Regular
Election, as certified by the City Registrar, the Chief Judge of the
Circuit Court of the City of Virginia Beach shall, by order of records,
call for Advisory Referendum taking the sense of the voters on the
question proposed in the petition at the next succeeding Regular
Election. The Referendum shall be conducted in accordance with the
provisions of Section 24.1-165 of the Code of Virginia, 1950, as amended.
Following certification of the election results by the
Electorial Board to the Chief Judge, the Court shall enter an order
proclaiming the results of such election and a duly certified copy of
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such order shall be transmitted to the governing body.
BE IT FURTHER RESOLVED that the City Clerk is directed t6
foward a copy of this Resolution to each member of the General
Assembly representing the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
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ITEM II-E.4 ITEM #16056
Attorney Sam Houston appeared before Council requesting his client,
Resort Satellite Communications, be permitted to operate a Cable
Television system from Third Street to Cavalier Drive, in the
Virginia Beach Borough.
Mrs. Alice Mullen, President of Resort Satellite, appeared in
favor of the request.
Mr. Roger Pierce, Division Vice President for Cox Cable Television,
appeared concerning this matter.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf,
City Council declared there is a need for a second Cable Television
Franchise along the Oceanfront from Third Street to Cavalier Drive,
in the Virginia Beach Borough.
It was noted that a Public Hearing on the above matter will be held on
January 19, 1981, at 2:00 p.m.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanm, Myor J. Henry @Coy, Jr., Donald W.
Yierrick, and Yjeyera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
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C 0 N S E N T A G E N D A
ITEM II-F.1 ITEM #16057
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution requesting the State Highway Commissioner to acquire
the necessary rights-of-way for Newtown Road Project UOOO-134-107 and
Haygood Road Project UOOO-134-107 and the acquisition of temporary and
permanent easements of right-of-way, either by acquisition or by
condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, Yjayor J. Henry Yr-Coy, Jr., Dcnald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standi-ng
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Requested by: Public Works Department
The Regular Meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers of the
City on the Fifth day of January, 1981.
On motion by Councilwoman Henley, seconded by Councilwoman
Oberndorf, the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Section 33.1-89 of the Code of Virginia, as
amended, by the 1970 Session of the General Assembly, authorizes the
State Highway Commissioner to acquire rights-of-way for the construction,
reconstruction, alteration, maintenance and repair of public highways
within municipalities on projects which are constructed with State
participation; and,
WHEREAS, Section 33.1-89, as amended, further provides
that the State Highway Co=issioner may exercise such authority only
upon receipt of official request from the City or Town involved.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH hereby requests the State Highway Commission
to acquire the necessary rights-of-way for Newtown Road Project
UOOO-134-107 and Haygood Road Project UOOO-134-107 within the Corporate
Limits of said City and to convey the title to such rights-of-way to the
City of Virginia Beach upon completion of the project. The City of
Virginia Beach agrees to reimburse the State Highway Department for
five (5%) of all costs incurred in the acquisition and conveyance of such
rights-of-way and it is understood that such acquisitions will be
handled by the Commissioner under established policies and procedures
and his decision in all instances shall be final.
JAR:kg
12/18/80
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ITEM II-F.2 ITEM #16058
Upon motion by Cou-ncilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to authorize acquisition of property in fee simple
for right-of-way for the intersection of Oceana Boulevard and Virginia
Beach Boulevard Project No. 2-816 and the acquisition of temporary and
permanent easements of right-of-way, either by acquisition or by
condemnation.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice @yor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, Mayor J. @Coy, Jr., @d W.
@ick, and @era E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
1/5/81
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Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR INTERSECTION OF OCEANA BOULEVARD AND
VIRGINIA BEACH BOULEVARD PROJECT NUMBER
2-816 AND THE ACQUISITION OF TEMPORARY
AND PERMANENT EASEMENTS OF RIGHT-OF-WAY
EITHER BY ACQUISITION OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the construction
of this important roadway to provide transportation and for other
public purposes for the preservation of the safety, health, peace, good
order, comfort, convenience, moral and for the welfare of the people in
the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condenmation pursuant to Section
15.1-236 et seq., and Section 33.1-89 et seq., Code of Virginia of 1950,
as amended, all that certain real property in fe6 simple, including
temporary and permanent easements of right-of-way as shown on the plans
entitled, "TURN JANES FOR OCEANA BOULEVARD AND VIRGINIA BEACH BOULEVARD."
These plans being on file in the Office of Real Estate, Department of
Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made in behalf of the City of Virgi-nia Beach, to
the extent that funds are available, a reasonable offer to the owners
or persons having an interest in said lands, if refused, the City Attorney
is hereby authorized to institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this Ordinance shall be inforce and effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
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ITEM II-F.3 ITEM #16059
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendatio-n of the City Manager and
APPROVE the request of the Commissioner of the Revenue for License
Refunds in the amount of $767.50.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, ttyor J. Henry YcCoy, Jr., Domld W.
ktrrick, and @yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
- 22-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER OF
THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Co=issioner of the Revenue are hereby approved:
LICENSE DATE
YEAR PAID BASE PENALTY INT. TOTAL
elson, Lois J 1980 8/28/80 25.00 25.00
13 Pri-nce Phillip Drive
irginia Beach, VA. 23452
/A Testing Services
iller, Deborah 1980 Final Audit 106.00
oan Kassier
/A The Village Butcher
24 Highpoint Avenue
a. Beach, VA 23451
The above abstement(s) totaling $ 131.00 were approved by the
Council of the City of Virginia Beach on the day of
19
Ruth Hodges Smith, City C er
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AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER OF
THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATE
YEAR PAID BASE PENALTY INT. TOTAL
happell, 0. F. 1975 5/29/75 636.50 636.50
340 E. Ocean View Avenue
8
orfolk, VA 23518
The above abstement(s) totaling $ 636.50 were approved by the
Council of the City of Virginia Beach on the day of
19
Ruth Hodges Smith, City Clerk
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ITEM II-F.4 ITEM #16060
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Treasurer for tax refunds in the amount
of $1,058.13.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @yor J. @ @Coy, Jr., Donald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
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AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA:
That the following applications for tax refunds upon certification
of the Treasurer are hereby approved.
Tax Type Ticket Exonera- Date Penalty Int. Total
ame Year of Tax Number tion No. Paid
illiam, Caroline so RE 5LI27-4 (1/2) 11/14/79 29.60
il liam, Caroline 80 RE 51127-4(2/2) 11/14/79 29.60
,William A., III 77 RE 50711-3(6mo) 5/24/77 17.60
oK, William A., III 78 RE 52221-1(1/2) 11/08/77 17.40
William A., III 78 RE 52221-1(2/2) 11/08/77 17.40
WillimnA., III 79 RE 54735-5(1/2) 11/13/78 16.00
William A., III 79 RE 54735-5(2/2) 11/13/78 16.00
, Helen M. 78 RE 49991-5(1/2) 10/18/77 58.73
, Helen M. 78 RE 49991-5(2/2) 05/22/78 58.73
, Helen M. 79 RE 52323-7 (1/2) 10/18/78 49.60
, Helen M. 79 RE 52323-7(2/2) 05/18/79 49.60
s, @y Jean 80 P@g 51986 11/30/80 12.00
d, David J. 79 pp 127185 10/26/79 62.15
s, S. E. 80 pp 31842 10/01/80 303.46
tar Cross Corp. 80 RE 60602-9(1/2) 12/05/79 160.13
tar Cross Corp. 80 RE 60602-9(2/2) 06/05/80 160.13
This Ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1.058@ic3il of were approved by
ttie CO the City of Virginia
Beach on the 5 day of January
Ruth Hodges Smith, City C er
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ITEM II-F.5 ITEM #16061
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON SECOND READING the Ordinance to appropriate $13,775 to extend
a specialized Mental Health Grant for emotionally handicapped students.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid E@, Vice Yjayor liarold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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AN ORDINANCE TO APPROPRIATE FUNDS
TO EXTEND A SPECIALIZED MENTAL
HEALTH GRANT FOR EMOTIONALLY
HANDICAPPED STUDENTS
WHEREAS, the City Council approved an appropriation on
June 23, 1980, for the Department of Mental Health and Mental
Retardation (DMH/MR) to provide specialized mental health clinical
treatment and support services in the City's Public School Special
Education Program for emotionally handicapped students; and,
WHEREAS, the DMH/MR anticipates additional mental health
fees of $13,775 to be collected to extend the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to collect
the anticipated fees for the City, and funds are hereby appropriated
in the amount of $13,775 to the DMH/MR for the above specialized mental
health program; and,
BE IT FURTHER RESOLVED that the appropriations will be
financed by $13,775 estimated revenues from fees; and,
BE IT FURTHER ORDAINED that five (5) personnel positions
are hereby authorized to be paid from the fees, with the employee
classes to be determined by the City Manager.
FIRST READING: 15 December 1980
SECOND READING: 5 January 1981
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
This Ordinance shall be effective from date of adoption.
28-
ITEM II-F.6 ITEM lil6O62
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON SECOND READING the Ordinance to appropriate funds in the
amount of $19,081 from the Southeastern Virginia Areawide Model Program,
(SEVAMP).
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @ycr J. @Coy, Jr., Donald W.
@rrick, and Yeyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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AN ORDINANCE TO APPROPRIATE FUNDS
FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMP)
WHEREAS, the Department of Health has determined a need
to continue dealing with the health and health related problems of
elderly individuals; and,
WHEREAS, the Department of Mental Health and Mental
Retardation (MH/MR) has determined a need to provide temporary substitute
care for elderly individuals while their family members are absent; and,
WHEREAS, the SEVAMP has awarded the Department of Health
$10.697 and Department of MH/MR $8,384 to provide their above respective
services.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
award and enter into the necessary contractual agreements for the City,
and funds are hereby appropriated in the amount of $10,697 for the
Department of Health, and $8,384 for the Department of MH/MR; and,
BE IT FURTHER ORDAINED THAT the appropriations will be
financed by $6,786 estimated revenue from the SEVAMP and $12,295
transferred from the General Fund Balance; and,
BE IT FURTHER ORDAINED that two personnel positions are
hereby authorized for the Department of Health for the duration of the
award, to be paid from the award, with the employee classes to be
determined by the City Manager.
FIRST READING: 15 December 1980
SECOND READING: -5 January 1981
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
This Ordinance shall become effective from date of
adoption.
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ITEM II-F.7 ITEM #16063
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON SECOND READING the Ordinance to provide Fourth Cycle Funding
for the Clean Community System Program in the amount of $31,014.00.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. DtClanan, Yiayor J. Herwy @Coy, Jr., Donald W.
@ick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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AN ORDINANCE TO PROVIDE FOURTH
CYCLE FUNDING FOR THE CLEAN
COMMUNITY SYSTEM PROGRAM
WHEREAS, City Council is interested in utilizing educational,
technological, and enforcement techniques to measurably reduce litter on
a City-wide basis; and,
WHEREAS, these techniques will be structured to induce,
over a period of time, behavioral and attitudinal changes of the citizens
toward littering; and,
WHEREAS, the State Department of Conservation and Economic
Development, Division of Little Control, will provide Fourt-h Cycle Funding
in the amount of $31,014.00, for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept a
Grant for the City, and funds are hereby appropriated in the amount of
$31,014.00 for the Clean Community System Program; and,
BE IT FURTHER ORDAINED that the appropriations be financed
by $31,014.00 Estimated Revenue,from the State Department of Conservation
and Economic Development; and,
BE IT FURTHER ORDAINED that two personnel positions are
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.
FIRST READING: 15 December 1980
SECOND READING: 5 January 1981
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifth day of January, 1981.
This Ordinance shall become effective upon date of
adoption.
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P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #16064
Mr. Joseph Burroughs appeared in behalf of this application
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of JOSEPH E. BURROUGHS for a Ch pge of Zo@n
District Classification, as per the following, subject to tie conditions
outlined in the City ffa-nager's letter.
ORD@CE LPON APPLICATION OF JOSEPH E. BUM@
FCR A CHAN(T OF ZONING DISTRICR CLASSIFICATION FRDM
AG-2 AGRICLILTURAL DISMICR TO B-2 CCMRNITY-BUSINESS
DISTRICr
BE rr ORDA= BY TBE CC)LNCIL OF THE CIRY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Joseph E. B=oughs for a Change Of
ing District Classification fran AG-2 Agricultural District t.
-A Gcm=ity-Busimss District on certain property located on the
South side of Indian River Road beginning at a point 150 feet West
of Princess Anne Road, rurming a distance of 165 feet Tmre or less
almg the South side of Indian River Road, running a distance of
112.58 feet in a Southerly direction, rl=ing a distance of 16 feet
in a Westerly direction, rl=ing a distance of 82 feet in a Southerly
direction, running a distance of 68 feet in a Westerly direction,
ru-mi-ng a distance of 74 feet in a Northerly direction, running a
distance of 118 feet in a Westerly direction, rurming a distance of
119.87 feet in a Northerly direction, rtrming a distance of 257.19
feet along the South side of Indian River Road, running a distance
of 651.24 feet in a Southeasterly direction, rumiing a distance of
171.51 feet in a Northerly di-rection, running a distance of 219.29
feet in an Easterly direction, rurming a distance of 270 feet iwre
or less almg the West side of Princess @ Road, rurming a distaice
of 150 feet in a Westerly direction and rurriing a distance of 130 feet
in a Nortberly direction. Said parcel contains 3.92 acres imre or
less. PINGO BOROUGH.
Approval is subject to the cmditions in cmjunctim with the intended
use of the land:
1. Reduction from 3.92 acres to 1.8 acres
2. Standard inpro@nts as required by the Site Plan Ordinance.
3. Appro-ved for septic tank, drainfield, and protected water
supply system, pending receipt of an acceptable site plan.
4. Downstrean drainage ea@nts and inpro@ts n-ay be required.
- 33-
5. Right-of-vmy irrprovmmts are necessary along both
Indi.an Ri-ver Road and Princess Ame Road; this
includes pa@t widening, ctwb and gutter, sidewalk,
and drainage facilities.
The provision of left-tum and by-pass lanes at the
main entrance.
7. A 30-foot dedication along Indian River Road.
This Ordinance shall be effectiw frcrn date of adoption.
Adopted by the Council of the City of Virgi-nia Beach,
Virginia, on the Fifth day of January, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, lhyor J. Henry @Coy, Jr., Donald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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S T R E E T C L 0 S U R E S
ITEM II-G.2 ITEM #16065
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of RUTH L. HASSELL AND MAVIN B. BEASLEY, as
per the following:
Application of Ruth L. Hassell and @vin B. Beasley for the
disccntinuarice, closure, and abandorrmnt of a portim of
E@ll Place begirming at the Southern boundary of Lake Driw
and raming in a Southerly direction a distance of 350 feet
more or less to the Northern boundary of Judge lane. Said
street is 50 feet in width and contains .37 acre udre or
less. BKYSIDE BORDLUH.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice @yor Harold Heischcber,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, @yor J. Henry @Coy, Jr., @d W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
3 5-
ORDINANCE NO.
]ti THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTIoti OF THAT CERTAItl
STREET OF VARIABLE WIDTH, KNO@N AS F-WELL
PLACE, AS SHOWN upoq THAT CERTAIN PLAT
ENTITLED, "AMENDED MAP CHESAPEAKF. SHORES",
wHICH PLAT IS RECORDED IN THE CLERK"S OFFICE
OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN MAP BOOK AT PAGE
WHEREAS, -it app.eari,g by Affidavit thlt proper notice h,, been given
by Ruth L. Hassell and Mavin B. Beasley, that they would make application to
the Council Of the City of Virginia Beach, Virginia, on ' 19-
scontinued, closed and vacated; and
1to have the hereinafter desc,lbed street di
S, it is the judament of the Council that Said street be dis-
@4HEREA
continued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAITIED by the Council Of the City of Virginia Beach, Virgini@,
that the hereinafter described street be discontinued, clo,ed and vacated:
s shown on the plat entitled
That portion Of Ewell Place ap,operty of Lake Joyce Realty
e,apeake Shores ( 8 at paqe
Amended Map Ch !d plat being ecorded in mp Bool
Corporation sa . .ly described as follows:
82 more particular
a point on the @estern line of Ewell Place
BEGINNING at rsects the northern lipe of Cove Court as
where it inte pl t; thence j, a northern direction along
shown on saida
ine If Ewell Place 374' m,re or less to a
the western Iaid line intersects the souther, line of Lake
point where 5 direction along the prolonga-
Drive; thence in an eastern f Lake Drive 50' to a point
tion of the southern line c, s
tern line of Ewell Place intersect, the outhern
where the eas n a southern direction along the
line f Lake Drive; thence i ss to a point
of Ewell Place 3741 more or le of Cove Court;
eastern line i e intersects the northern line
where said 1nrn direction along the prolongation of Cove
thence in a weste
Court 50' tO the point of beginning
g a portion of Ewell Place as indicated on that certai
Said parcel of land bein i,ting Ewell Place, which plat is recol
plat of property to be Ilacated along e,,
t of the City of Virginia Beach,
ed j, the Clerk's Office If the Circuit Cour
t hereof
and which is made a Par
Virginia, in Map Book at Page
by reference.
SECTIO@L 11
of its passage.
11 be in effect from the date
Thil order sha
I 581
- 36-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Ruth L. Hassell and Mavin B. Beasley have given due and pro-
per notice, in accordance with the statutes for such cases made and provided
that they will on the day of 19-, 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 street of variable width, 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 Lambert David M. Grochmal
Robert J. Scott
and - are hereby appointed
to view the below described property and report in writina- to the Council on or
before 1 19 , 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 @@ir_qinia Beach,
Virginia, and more particularly described as follows:
That portion of Ewell Place as shown on the plat entitled
Amended Map Chesapeake Shores property of Lake Joyce Realty
Corporation said plat being recorded in Map Book 8 at page
82 more particularly described as follo%.js:
BEGINNINIG at a point on the western line of Ewe]] Place
where it intersects the northern line of Cove Court as
shown on said plat; thence in a northern direction along
the western line of Ewe]] Place 374' more or less to a
int where said line intersects the southern line of Lake
Po
Drive; thence in an eastern direction along the prolonga-
tion of the southern line of Lake Drive 50' to a point
where the eastern line of Ewell Place intersects the southern
line of Lake Drive; thence in a southern direction along the
eastern line of Ewell Place 374' more or less to a point
where said line intersects the northern line of Cove Court;
thence in a western direction along the prolonoation of Cove
Court 50' to the point of beginning
I 5 81
3 7-
All the above shown on that certain plat entitled, "Amended Map
Chesapeake Shores-, which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the aforedescribed street.
1 5 81
- 38-
IN THE MATTER OF CLOSING, VACATING A@ID
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS E@4ELL
PLACE, AS SHO@-IN UPON THAT CERTAI@I PLAT
ENTITLED, "AMENDED MAP CHESAPEAKE SHORES",
WHICH PLAT IS ATTACHED HERETO.
P E T I T I 0
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGIIIIA
easley, respectfully
your Petitioners, R,th L. Hassell and Mavin B. B
5 follows:
represent a
1. That pursuant to the provision, of Section 15.1-364 of the Code
ded, the Petitioners apply for the vacating, closing
of \Iirginia, 1950, as amen
hich is more specifi-
inuance of a portion of that certain street, w
and discont
cally described as follows:
That portion of Ewell Place as sh-n on the plat entitled
p,operty of Lake Joyce Realty
Amended map Chesapeake Shores Book 8 at page
Corporation said plat being recorded in Map
82 more parti,ularly described as fol]Ows:
BEGI@IMI@IG at a point on the western line of Fwell Place
,here it intersects the northern line of Cove Court as
shown on said plat; thence in a northern direction along
the western line of Ewell Place 374' more or less to a
aid line intersects the southern line of Lake
point where s the prolonga-
thence in an eastern direction along
Drive; uthern line of Lake Drive 50' tc) a point
tion of the 5tern line of Ewell Place intersects the southern
where the eas in a southern direction alonq the
line of Lake Drive; thence
more or le5s to a point
eastern line of Ewell Place 374' f Cove Court;
where said li,,o intersects the northern line 0
rn direction along the prolonaation of Cove
thence in a weste eginning-
Court 50' to the point of b
Said parcel of land being a portion of F@ell Place, as indicated on
p Chesapeake Shores", which plat !S at-
ed, "Amended Ma
tain plat entitl
that cer
corded with the
hereof, and intended tn be re
tached hereto and made a part
Ordinance closing the aforedescribed street.
ns by reasoh of
ience Njill result to any perso
2. That no inconven
nd the petitioners
said closing, vacation and discontinuance of said street; a
pray that this Honorable Council appoint Vie,ers as provided by law to view
rt in writing to the
oosed to be closed and to repo
said platted street pro 19 as to
Council, o,, or before the _ day of
inconvenience, if any, would
of said Viewers, what
whether in the opinion
5/ 81
39-
result from the discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the 3]st day of October, 1980, Notice of the presenting of
this Application was posted at the Courthouse of the Circuit Court of the
City uf \Iirginia Beach, Virginia, on the premises to be closed, and at the City
Hall Annex, Igth Street and Arctic Avenue, Virginia Beach, Virginia, as evi-
denced by the Affidavit attached hereto, and a copy of said Notice.
Respectfully submitted,
Of Counsel
Wallace B. Smith, Esquire
Murphy, Spinks and Benson
3284 Virginia Beach Boulevard
P. 0. Box 2195
Virginia Beach, Virg7nia 23452
5 81
- 40-
F I R S T R E A D I N G S
ITEM II-H.1 ITEM #16066
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to appropriate funds of
$148,812 for the removal of submerged steel debris and pilings at
the former site of the Virginia Beach Steel Fishing Pier.
Voting: 10-0.
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vire @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClman, @yor J. Heriry YtcCoy, Jr., Donald W.
@rrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 41-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $148,812 FOR THE REMOVAL OF
SUBMERGED STEEL DEBRIS AND PILINGS AT
FORNER SITE OF THE VIRGINIA BEACH
STEEL FISHING PIER
WHEREAS, there remain submerged steel debris and pilings at
the former site of the Virginia Beach Steel Fishing Pier at 2nd Street
on the Oceanfront which are a dangerous hazard to health; and,
WHEREAS, it is the intent of the City Council to have the
debris and pilings removed according to the desired specifications of
the City Engineer and to elixninate any further physical hazard; and,
WHEREAS, the removal can be satisfactorily performed at a
cost of $148,812 as presented in the low bid of Smith Brothers, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $148,812 be appropriated from the General
Fund Balance to the Department of Public Works for the purpose of
satisfactorily removing the submerged steel debris and pilings at the
former site of the Virginia Beach Steel Fishing Pier; and,
BE IT FURTHER ORDAINED that the City Manager is authorized to
enter into a contract with Smith Brothers, Inc., the low bidder, to
perform the necessary work.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
FIRST READING: 5 January 1981
SECOND READING:
This Ordinance shall be effective from date of adoption.
4 2-
U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #16067
Upon motion by Councilman Ervin, seconded by Mayor McCoy, City Council
voted to RECONSIDER on 12 January 1981 the request of Michael A. Inman,
Attorney, for reconsideration of the application of STANTLEY JONES AND
PAMELA K. JONES for a Conditional Use Permit for single family dwellings.
Voting: 6-4
Council Members Voting Aye: (for reconsideration)
F. Reid Ervin, Vice @yor Harold Heischober, Clarence A. Holland,
W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Cay, Jr.
Council Members Voting Nay:
John A. Baun, Barbara M. Henley, Donald W. @=ick, and @yera
E. Oberndorf
Council Members Absent:
Patrick L. Standing
- 4 3-
ITEM II-1.2 ITEM #16068
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution of Appreciation to Eastern
Air Lines, as requested by the Norfolk Port and Industrial Authority.
RESOLLTfICN OF APPRECIATION
TO
EASIERN AIR LDES
"We do hereby recogiize this remarkable record of achievement,
undertaken and performed for the benefit of the people of tbe
Greater TidL-water Area:
S, Eastern Air Lines did inaugurate nonstop passenger
service between the Cities of Norfolk/Virginia Beach, Virginia,
and Atlanta, Georgia, on N r 1, 1979, with five daily
jets; and,
, Eastern Air Lines did further increase its f-requency of
service between the Cities of Norfolk/Virginia Beach, Virginia,
and Atlanta, Georgia, m Dec@r 11, 1980, with seven daily
jets; and,
WHERF.AS, Eastern Air Lines did inaugurate nonstop passenger
service between @ Cities of Norfolk/Virginia Beach, Virginia,
arid Raleigh, North Carolina, and direct onestop to Florida,
an December 11, 1980; and,
WHEREAS, @ough Eastern Air Lines' presence in the Tidewater
rmrketplace in providing healthy canpetition it did indeed st@ate
travel to Atlanta, and @ough its rmjor hub of that City to
Albuquerque, Austin, Birminghmn, Cancun, Charleston, Coluirbia, Corpus
Christi, Cozumel, Dallas, Daytona Beach, Denver, El Paso, Fort
Lauderdale, Fort @rs, Gainesville, Greenville, Haustm, Jacksonville,
@s Vegas, Los Angeles, @lb@ , @rida, Yjexico City, Miami, @bile,
Rmtegc) Bay, Nashville, New Orleans, Portland, Reno, Saint
Salt Lake City, San Antonio, Sen Francisco, San Juan, Sarasota, Sa
Seattle, Tallahassee, Tanpa, Tucson, and West Palm Beach; and,
, through the strong efforts of a sophistir-ated advertising,
mrketing program and regional sales solicitatim c@aigi, the
TidE.water camimity has benef ited as Eastern did indeed serve over
one quarter of a million passengers during the calendar year of
1980; and,
WHMM, the Tidewater ccmmnity is indebted to the corporate
leadership of Colonel Frank Bonnan, President, Chairman , and
Chief @ecutiw Officer, tbe regional leadership of Wilfred
Cmbre, Vice President of Sales and Service Soutbern Division,
to the local leadership of John YicLa@in, Mamger Sales and
Service-Norfolk/Virginia Beach, and Robert @rney, Manager,
Passenger and Cargo Sales-Tidewater area of Eastern Air Lines.
@t these facts be spread tpm the record accmpanied by the
sincere and grateful ackncwledgmmt of this Authority and
the citi@s you serw so @ll."
Adapted by t@ Council of the City of Virginia Beach, Virg@, cn the
Fi.fth day of January, 1981.
44-
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baum, F. Reid Ervin, Vice Yjayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W.
Yierrick, and @yera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 45-
N E W B U S I N E S S
ITEM II-J.1 ITEM #16069
Councilwoman Oberndorf requested the Planning Department to study the
Ordinance of Jacksonville, Florida, relating to land use regulations
in the vicinity of airports and Naval Air Stations. (A copy of the
Ordinance will be made a part of these proceedings).
ITEM #16070
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Cou,ncil voted to RECESS into EXECUTIVE SESSION for the discussion of
the following; and, ADJOURNMENT upon completion of the EXECUTIVE
SESSION, (4.-50 p.m.):
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other disposition
of publicly held property. (Acquisition, use or disposition
of publicly held property).
3. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, Mayor J. @Coy, Jr., Donald W.
@ick, and I*yera E. Oberndorf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
46-
City Council ADOURNED at 5:30 p.m.
Diane M. Hickman, Deputy City Cler@
Ruth Hodges-Smith, City Clerk Mayo@. hen Co@@, D.D.S.
City of Virginia Beach,
Virginia
5 January 1981
dmh/asb