SEPTEMBER 9, 1985 MINUTES
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"WORLD'S LARGEST RESORT CITY"
Cn,Y COUNCIL
MAYOR HAROLD HEISCHOBM. A,
VICE-MA YOR REBA S M@CLANAN A- B-gh
JORN A. DAUM, BI-k-@ @h
NANCY A. CREECH, A, @@
ROBERT E. F@SS, V,@- B-h B-gh
BA,RBARA M HENLEY, P..g. B-gh
H. JACK @INGS, JR., L".M.- B-Wh
LOUIS R. JONES, By@ B-gh
ROBERT G. JONES. A, L-g@
J. RENRYM@OY. JR., K..P.@ B--gh
MEYERA E. OBERNDORF, A, L.,g, 281 CIYYHALL BUILDflVG
MUNICIPAL CENM
RUTH HODGES SMIM, CMC, Ctv CUk CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGDVIA 23456-9m
[8041427-4303
September 9, 1985
Virginia Beach City Council
ITEM I. BRIEFING: Conference Room - 12 NOON
1. Demonstration of Automated Refuse Collection Vehicles
ITEM II. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I PM
A. GALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM III. REGULAR SESSION OF VIRGINIA BFACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Horace A. Culpepper
Calvary Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PRESENTATIONS
1. Life Saving Award - Virginia Beach Safety Council
Barry H. Russ
G. PROCLAMATION
1. KISS YOUR BABY WFEK/NLTIONAL CYSTIC FIBROSIS WEEK
September 8-14, 1985
H. MINUTES
1. Motion to accept/approve the Minutes of August 26, 1985.
I. PLANNING - REQUEST FOR WAIVER
1. City Council on August 19, 1985, agreed to consider a WAIVER
to the change of zoning granted Mrs. G. J. Gulbranson and
Mrs. Nancy Vest on March 21, 1983, from R-5 Residential
District to 0-1 Office District on a 4.41-acre parcel
located on the north side of Providence Road, east of Indian
River Road (Kempsville Borough).
J. PLANNING - BY CONSENT
1. Application of Wilfred P. Large for a variance to Section
4.4(b) of the S.bdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The site is located at the western extremity of Casey Court
on Lots 5A and 5B, London Bridge Manor. Land use within the
area includes single-family, semi-detached, and duplex
residences. The applicant wishes to subdivide two existing
lots, Lots 5A and 5B, subdivision of London Bridge Manor
(Lynnhaven Borough).
Recommendation: APPROVAL
2. Application of Open Door Chapel for a change of zoning from
B-2 Community-Business District to R-6 Residential District
on a 14,810-square foot parcel located south of Virginia
Beach Boulevard, east of East Groveland Road (Lynnhaven
Borough).
AND
Application of Open Door Chapel for a conditional use permit
for a group home on a 14,810-square foot parcel located
south of Virginia Beach Boulevard, east of East Groveland
Road (Lynnhaven Borough).
Recommendation: APPROVAL of both applications
3. Application of Michael R. Sanders, Sanders Development, Inc.
for a conditional use permit for Jiffy Lube Service Center
auto repair on a 20,908.8-square foot parcel located on the
east side of Independence Boulevard, north of Wishart Road
(Bayside Borough).
AND
Application of Michael R. Sanders, Sanders Development, Inc.
for a conditional use permit for a Jiffy Lube Service Center
auto repair on a 14,375-square foot parcel located on the
south side of Indian River Road, east of South Military
Highway (Kempsville Borough).
Recommendation: APPROVAL
4. Application of Stokes and Associates for a conditional use
permit for the installation of tires and batteries and minor
repair work on a 25,000-square foot parcel located on the
north side of Virginia Beach Boulevard, east of Horace
Avenue (Bayside Borough).
Recommendation: APPROVAL
5. Application of Marley A. Woodall for a conditional use
permit for a single-family residence in the AG-1
Agricultural District on a 6.888-acre parcel located on the
south side of Nanneys Creek Road, west of Muddy Creek Road
(Pungo Borough).
Recommendation: APPROVAL
K. PLANNING
1. Application of Johnson, Inc. t/a Henry JohnsorL Tire Center
for a conditional use permit for sale and installation of
tires and auto repairs on a 29,288.68-square foot parcel
located on the south side of Lynnhaven Parkway, east of
Holland Road (Princess Anne Borough).
This item was DEFERRED August 19, 1985, and August 26,
1985.
Recommendation: APPROVAL
2. Appl-ication of Presbyterian League of Norfolk Presbytery,
Inc., for a change of zoning from AG-2 Agricultural District
to R-5 Residential District on a 5.648-acre parcel located
on the west side of Holland Road, north of First Settlers
Avenue (Princess Anne Borough).
Recommendation: APPROVAL
3. Application of Helen V. Standing for a change of zoning from
B-2 Community-Business District to B-4 Resort-Commercial
District on a 28,822-square foot parcel located on the west
side @f North Birdneck Road, south of Bluebird Drive
(Lynnhaven Borough).
Recommendation: DENIAL
4. Ordinance closing, vacating and discontiriuing a portion of
Sandra Lane in the petition of S & C Company (Kempsville
Borough).
a. The applicant requests an extension of time for
compliance.
Recommendation: APPROVAL
5. Ordinance closing, vacating and discontinuing a portion of
Ego Drive in the petition of William R. and Helen H. Holz
(Lynnhaven Borough).
Recommendation: DENIAL
L. RESOLUTIONS/ORDINANCES
1. Resolution seeking Congressional support for ensuring that
certain elements be incorporated in the reauthorization of
the COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LIABILITY ACT (SUPERFUND).
M. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is removed
from the Consent Agenda, it will be discussed and voted upon
separately.
1. Ordinance to repeal Section 21-376 of the Code of the City
of Virgiiia Beach, Virginia, pertaining to abaudoned,
wrecked, junked, etc., vehicles.
2. Ordinance to amend and reordain Section 21-378 of the Code
of the City of Virginia Beach, Virginia, pertaining to
removal, storage and s@ of unattended vehicles.
3. Ordinance to authorize acquisition of property in fee simple
for right of way for Indian River Road-Box Culvert Project
and The acquisition of temporary and permanent easements of
right of way either by agreement or by condemnation.
4. Ordinance to authorize acquisition of property in fee simple
for right of way for Gatewood Park Sewerage System and the
acquisition of temporary and permanent easements of right of
way, either by agreement or by condemnation.
5. Ordinance to transfer appropriations totalling $50,900 in
order to fund salaries and benefits for two sanitarian
positions for the Health Department.
6. Ordinance to transfer $20,000 of Capital Project Funds to
Project #2-029 Route 44-Baxter Road Flyover to provide for
appraisal services.
7. Ordinance to transfer $59,000 of Capital Project Funds to
Project #2-026 Rudee Inlet entrance channel dredging to
cover the cost of quantity overruns.
8. OrdirLance to transfer funds of $414 from the General Fund's
reserve for contingencies to the Police Chief's Division for
reimbursement of legal expenses incurred by a City employee
in the performance of his duties.
9. Ordinance to transfer appropriations from reserve for
contingeacies to fund a consultant study of the AICUZ area
suitable land uses and economic development activities.
10. Ordinance upon FIRST READING to appropriate $27,949 to the
Office of the Commonwealth's Attorney for a-a additional
attorney position.
11. Ordinance upon SECOND READING to accept and appropriate a
grant of $200,000 from the Virgiiia Health Department for
maternal and child health care.
12. Ordinance authorizing tax refunds in the amount of $642.75.
13. Ordinance authorizing license refunds in the amount of
$718.04.
N. APPOINTMENTS
Public Library Board
0. UNFINISHED BUSINESS
P. NEW BUSINESS
1. Proposed Travel Agency offers:
a. C. I. Travel Centers
b. Gibson World Travel
c. International Travel Agency Limited
2. Traffic Count Information for Zoning Changes
Q. ADJOURNNENT
1. 14otion to adjourn.
R. SPECIAL MEETING - VIRGINIA BEACH CITY COUNCIL
CITY COUNCIL REGULAR SESSION
SEPTEMBER 23, 1985
VIRGINIA MUNICIPAL LEAGUE ANNUAL CONFERENCE
RESCHEDULED
TO
7:00 PM
SEPTEMBER 30, 1985
will
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M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 9, 1985
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Harold Heischober in the
Conference Room, City Hall Building, on Monday, September 9, 1985, at
1:00 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM # 24137
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes, to be followed by the REGULAR
MEETING.
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 within the jurisdiction of the public body.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Louis
Jones, City Council voted to proceed into the EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 9, 1985
2:00 p.m.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on
Monday, September 9, 1985, at 2:00 p.m. in the evening.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jories, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Horace A. Culpepper
Calvary Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24138
ABANDONED/WRECKED/
JUNKED VEHICLES
Mayor Heischober referenced an Ordinance to repeal Section 21-376 of the
Code of the City of Virginia Beach, Virginia, pertaining to abandoned,
wrecked, juuked, etc., vehicles; AND, an Ordinance to amend and reordain
Section 21-378 of the Code of the City of Virginia Beach, Virginia,
pertaining to removal, storage and sale of unattended vehicles. (See Item
II-M.1 and 2 of the Consent Agenda). These items will be DEFERRED for
further preparation by staff.
Item II-D.2
CONSENT AGENDA ITEM # 24139
HEALTH DEPARTMENT
Vice Mayor McClanan referenced an Ordiannce to transfer appropriations
totalling $50,900 in order to fund salaries and benefits for two sanitarian
positious for the Health Department (See Item II-M.5 of the Consent
Agenda). Vice Mayor McClanan expressed concern about additional positions
so early in the year as the BUDGET had just been ADOPTED.
Vice Mayor McClanan referenced an Ordinance, on FIRST READING, to
appropriate $27,949 to the Office of the Commonwealth's Attorney for an
additional attorney position (See Item II-M.10 of the CONSENT AGENDA).
Vice Mayor McClanan referenced she will be voting NAY on tbis particular
item.
Councilwoman Henley further referenced this item and inquired as to whether
this comprised the full cost of this position. The City Staff advised this
included both fringe benefits and salary.
Item II-D.3.
CONSENT AGENDA ITEM # 24140
RUDEE INLET ENTRANCE CHANNEL
Councilwoman Creech referenced an Ordinance to transfer $59,000 of Capital
Project Funds to Project #2-026 Rudee Inlet Eutrance Channel dredging to
cover the cost of quantity overruns.(See Item 11-M.7 of the CONSENT
AGENDA).
Councilwoman Creech requested this Item be pulled for a separate vote as
she will be ABSTAINING.
Se?tember 9, 1985
- 5 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
(Continued)
Item II-D.4
CONSENT AGENDA ITEM # 24141
AICUZ STUDY
Councilman Fentress referenced an Ordinance to transfer $47,000 from
reserve for contingencies to fund a consultant study of the AICUZ area
suitable land uses and economic development activities. (See Item
II-M.9 of the CONSENT AGENDA).
Councilman Fentress asked if this study would be co-ordinated with the
Navy sepcifications and uses. The City Staff advised this item would be
DEFERRED to coincide with the Contract to be presented to Council.
Councilman Jennings asked if this item would have a time clause. The
first portion of the study should be produced within 60 days. The second
phase would entail approximately 200 days above and beyond the initial
60 day period.
Septmber 9, 1985
- 6 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
VIRGINIA MUNICIPAL LEAGUE ITEM # 24142
Councilwoman Oberndorf referenced she will be leaving the Meeting of the
VIRGINIA MUNICIPAL LEAGUE on September 24, 1985, as YOM KIPPUR commences at
sundown this day.
Councilwoman Oberndorf requested Council designate a VOTING ALTERNATE.
The City Manager advised the VML has authority as a total to select an
alternate member from those City Council representatives present.
September 9, 1985
- 7 -
Item II-F.1
PRESENTATION ITEM # 24143
Mayor Heischober presented a LIFE SAVING AWARD from the VIRGINIA BEACH
SAFETY COUNCIL to:
BARRY H. RUSS
This AWARD recognized his efforts in saving the life of two swimmers
near Lynnaven Inlet in treacherous currents.
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8
Item II-G.1
PROCLAMATION ITEM 24144
Mayor Heischober PROCLAIMED the week of September 8-14, 1985 as:
KISS YOUR BABY WEEK/NATIONAL CYSTIC FIBROSIS WEEK
Charles Martak, President of the TIDEWATER CHAPTER OF CYSTIC FIBROSIS
accepted this PROCLAMATION
This PROCLAMATION recognized Cystic Fibrosis as the NUMBER ONE genetic
killer of children and young adults in the United States, and urged
citizens to learn the signs of Cystic Fibrosis.
September 9, 1985
8a
WHEREAS, Cystic Fibrosis, the number one genetic killer of children and young adults
in the United States, is a crippling, debilitating lung and digestive disease; and
WHEREAS, early diagnosis and treatment are essential to preventing lung damage and
lengthening the lives of the thousands of American children wh, suffer with Cystic Fibrosis
and
WHEREAS, parents can help discover Cystic Fibrosis by kissing their children to
detect the symptom of a strong salty taste of the skin; and
WHEREAS, "Kiss Your Baby Week/National Cystic Fibrosis Week," sponsored by the local
chapters of the Cystic Fibrosis Foundation, is designed to hlep parents recognize the
signs of Cystic Fibrosis.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby
proclaim the week of September 8-14, 1985 as
KISS YOUR BABY WEEK/NATIONAL CYSTIC FIBROSIS WEEK
in Virginia Beach and urge citizens to join me in learning the signs of Cystic Fibrosis.
Given under my hand and seal this nineth day of September, nineteen hundred and
eighty-five.
Mayor
9
Item II-H.1
MINUTES ITEM 24145
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council APPROVED the Minutes of August 26, 1985.
However, a CORRECTION was noted in the SU@Y OF COUNCIL ACTIONS of August
26, 1985
Item III- T/U/V/1. Ordinance, on SECOND READING, authorizing
the issuance of School Bonds of the City in
the maximum amount of $13,300,000 for the
purposes stated in Dr. Brickell's letter of
August 21, 1985, SUBJECT TO THE APPROVAL OF
THE QUALIFIED VOTERS.
This Vote was incorrectly stated at 8-3
should have read 8-0. Vice Mayor McClanan,
Councilmen Robert o@nes, and J. Henry McCoy,
Jr., D.D.S., were ABSENT
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creecb, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 10
Item II-I.1
PLANNING - REQUEST FOR WAIVER
ITEM # 24146
Attorney Elwood Isley represented the applicant. Copies of SITE PLAN were
presented to City Council (copy of same is hereby made a part of the
record).
James Nocito, Contract Purchaser of the rezoned parcel of property, also
represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council GRANTED A WAIVER in the Ordinance upon application of MRS. C. J.
GULBRANSON AND MRS. NANCY VEST for a Change of Zoning from R-5 residential
District to 0-1 Office District on a 4.41-acre parcel located on the north
side of Providence Road, east of Indian River Road (Kempsville Borough).
This Ordinance was ADOPTED by Council on March 21, 1983.
The condition to be WAIVED is as follows:
A limit of one entrance on Providence Road
aligned with the existing median cut on
Providence Road.
City Council will ALLOW an ADDITIONAL CURB CUT as indicated on the
aforementioned SITE PLANS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Item II-J
PLANNING - BY CONSENT ITEM 24147
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council APPROVED in one MOTION Items II-J.1, II-J.2, II-J.3,
II-J.4, and II-J.5 of the PLANNING - BY CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heiscbober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
- 12 -
Item II-J.1
PLANNING - BY CONSENT ITEM # 24148
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council APPROVED the application of WILFRED P. LARGE for a Variance
to Section 4.4(b) of tbe Subdivision Ordinance.
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Wilfred P. Large.
Property located at the Western extremity of
Casey Court on Lots 5A and 5B, London Bridge
Manor. Plats with more detailed information are
available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item II-J.2
PLANNING - BY CONSENT ITEM # 24149
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED Ordinances upon application of OPEN DOOR CHAPEL for
a Change of Zoning and Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF OPEN DOOR CHAPEL
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO R-6 Z09851008
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Open Door Chapel
for a Change of Zoning District Classification
from @-2 Community-Business District to R-6
Residential District on certain property located
510 feet more or less south of Virginia Beach
Boulevard, 700 feet more or less east of East
Groveland Road. Said parcel is located at 3177
Virginia Beach Boulevard and contains 14,810
square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF OPEN DOOR CHAPEL
FOR A CONDTIONAL USE PERMIT FOR A GROUP HOME
R0985776
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Open Door Chapel
for a Conditional Use Permit for a group home on
certain property located 510 feet more or less
South of Virginia Beach Boulevard, 700 feet more
or less east of East Groveland Road. Said parcel
is located at 3177 Virginia Beach Boulevard and
contains 14,810 square feet. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Automatic sprinkler and fire alarm system meeting the approval
of the City's Fire Protection Engineer.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
Septmber 9, 1985
- 14 -
Item II-J.2
PLANNING - BY CONSENT ITEM # 24149 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth of September, Nineteen Hundred and Eighty-Five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9,1985
- 14a -
STATEMENT OF CONSENT
APPLICANT: Open Door Chapel
APPLICATION: Conditional Use Permit for a Group Home
DESCRIPTION: On a 14,810-square foot parcel located
south of Virginia Beach Boulevard, east
of East Groveland Road (Lynnhaven
Borough)
CITY COUNCIL SESSION: September 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. Automatic sprinkler and fire alarm system meeting the
approval of the City's Fire Protection Engineer.
er
By:
Owner/Attorney/Agent
Date:
- 15 -
Item II-J.3
PLANNING - BY CONSENT ITEM # 24150
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED Ordinances upon application of MICHAEL R. SAMDERS,
SANDERS DEVELOPMENT, INC. for Conditional Use Permits as per the
following:
ORDINANCE UPON APPLICATION OF MICHAEL R. SANDERS,
SANDERS DEVELOPMENT, INC. FOR A CONDITIONAL USE
PERMIT FOR JIFFY LUBE SERVICE CENTER AUTO REPAIR
R0985777
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Michael R. Sanders,
Sanders Development, Inc., for a Conditional Use
Permit for a Jiffy Lube Service Center auto
repair on certain property located on the east
side of Independence Boulevard, 177.35 feet north
of Wishart Road. Said parcel contains 20,908.8
square feet. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The following condition shall be required:
1. A 5-foot landscape buffer to be provided along tbe northern and
eastern property lines to buffer adjoining office buildings.
AND,
ORDINANCE UPON APPLICATION OF MICHAEL R. SANDERS,
SANDERS DEVELOPMENT, INC., FOR A CONDITIONAL USE
PERMIT FOR A JIFFY LUB SERVICE CENTER AUTO REPAIR
R0985778
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Michael R. Sanders,
Sanders Development, Inc., for a Conditional Use
Permit for a Jiffy Lube Service Center auto
repair on certain property located on the south
side of Indian River Road, 400 feet east of South
Military Highway. Said parcel contains 14,375
square feet. Plats with more detailed
information area available in the Department of
Planning. KEMPSVILLE BOROUGH.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
September 9, 1985
- 16 -
Item II-J.3
PLANNING - BY CONSENT ITEM # 24150 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth of September, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Septmber 9, 1985
- 16a -
STATEMENT OF CONSENT
APPLICANT: Michael R. Sanders,
Sanders Development, Inc.
APPLICATION: Conditional Use Permit for Jiffy Lube
Service Center auto repair
DESCRIPTION: A 20,908.8-square foot parcel located on
the east side of Independence Boulevard,
north of Wishart Road (Bayside Borough)
CITY COUNCIL SESSION: September 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RFCOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A five-foot landscape buffer to be provided along the
northern and eastern property lines to buffer adjoining
office buildings.
Own7er
By:
Owner/Attorn6y/Agent
Date:
1 7
Item II-J.4
PLANNING - BY CONSENT ITEM 24151
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of STOKES
ASSOCIATES for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF STOKES & ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR THE INSTALLATION
OF TIRES AND BATTERIES AND MINOR REPAIR WORK
R0985779
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Stokes & Associates
for a Conditional Use Permit for the installation
of tires and batteries and minor repair work on
the north side of Virginia Beach Boulevard, 100
feet east of Horace Avenue on Lots 6-9, 22-26 and
part of Cambridge Steet (closed), Block 67,
Euclid Place. Said parcel contains 25,000 square
feet. BAYSIDE BOROUGH.
The following condition shall be required:
1. A reservation of two permanent drainage easements as shown on
the Virginia Beach Boulevard Plans on file with the City
Engineer's Office.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virignia Beach, Virginia, on the
Ninth of September, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 17a -
STATEMENT OF CONSENT
APPLICANT: Stokes and Associates
APPLICATION: Conditional Use Permit for the
Installation of Tires and Batteries and
Minor Repair Work
DESCRIPTION: A 25,000-square foot parcel located on
the north side of Virginia Beach
Boulevard, east of Horace Avenue (Bayside
Borough)
CITY COUNCIL SESSION: September 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMt4ENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A reservation of two permanent drainage easements as
shown on the Virginia Beach Boulevard Plans on file with
the City Engineer's Office.
Owner
By:
@er/Attortfey
Date:
- 18 -
Item II-J.5
PLANNING - BY CONSENT ITEM # 24152
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of MARLEY A. WOODALL
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MARLEY A. WOODALL
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
RESIDENCE R0985780
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Marley A. Woodall
for a Conditional Use Permit for a single family
residence in the AG-1 Agricultural District on
certain property located on the south side of
Nanneys Creek Road, 300 feet west of Muddy Creek
Road. Said parcel contains 6.888 acres. Plats
with more detailed information are available in
the Department of Planning. PUNGO BOROUGH.
The following condition shall be required:
1. A dedication of right-of-way along the frontage on Nanneys
Creek Road in order to provide for an ultimate 66-foot
right-of-way as per the Master Steet and Highway Plan.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth of September, Nineteen Hundred and Eighty-five
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 18a -
STATEMENT OF CONSENT
APPLICANT: Marley A. Woodall
APPLICATION: Conditional Use Permit for a Single-
Family Residence in the AG-1 Agricultural
District
DESCRIPTION: A 6.888-acre parcel located on the south
side of Nanneys Creek Road, west of Muddy
Creek Road (Pungo Borough)
CITY COUNCIL SESSION: September 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMt4ENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO TilE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING HAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A dedication of right-of-way along the frontage on
Nanneys Creek Road in order to provide for an ultimate
66-foot right-of-way as per the Master Street and
Highway Plan.
By: Owner/Attorney Ag@.t
Date:
- 19 -
Item II-K.1
PLANNING ITEM # 24153
David F. Thompson, represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of JOHNSON, INC., T/A
HENRY JOHNSON TIRE CENTER for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF JOHNSON, INC., T/A
HENRY JOHNSON TIRE CENTER FOR A CONDITIONAL USE
PERMIT FOR SALE AND INSTALLATION OF TIRES AND
AUTO REPAIRS R0985781
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Johnson, Inc., T/A
Henry Johnson Tire Center for a Conditional Use
Permit for sale and installation of tires and
auto repairs on certain property located on the
south side of Lynnhaven Parkway, 1800 feet more
or less east of Holland Road. Said parcel is
located at 1092 South Lynnhaven Parkway and
contains 29,288.68 square feet. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. Approval shall be for a period of two (2) years.
2. Only minor automobile repair shall be conducted on the interior
of the building,
3. There sball be no outside storage of used tires.
4. There shall be at least three (3) pick-ups per week of used
tires.
The following condition was NOT REQUIRED:
Dedication of right-of-way is required along Lynnhaven Parkway
to provide for an ultimate 110 foot right-of-way in accordance
with the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth of September, Nineteen Hundred and Eighty-five.
September 9,1985
20 -
Item II-K.1
PLANNING ITEM 24153 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9,1985
- 21 -
Item II-K.2
PLANNING ITEM # 24154
William J. Davenport, III, represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of PRESBYTERIAN
LEAGUE OF NORFOLK PRESBYTERY, INC. for a Change of Zoning as per the
following:
ORDINANCE UPON APPLICATION OF PRESBYTERIAN LEAGUE
OF NORFOLK PRESBYTERY, INC., FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5
Z09851009
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Presbyterian League
of Norfolk Presbytery, Inc., for a Change of
Zoning District Classification from AG-2
Agricultural District to R-5 Residential District
on certain property located on the west side of
Holland Road, 160 feet more or less north of
First Settlers Avenue. Said parcel contains
5.648 acres. Plats with more detailed information
are available in the Department of Planning.
PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The applicant has voluntarily agreed to construct 1-story ranch
type homes on the lots adjacent to Lots 6-9 and that no trees
will be removed within the required setbacks.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth of September, Nineteen Hundred and Eighty-five
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Robert G. Jones
September 9, 1985
- 22 -
Item 11-K.3
PLANNING ITEM # 24155
Attorney Bru6e W. Gallup represented the applicant, and requested
DEFERRAL of said application for thirty days
Upon motion by Councilman Jennings, seconded by Councilman Fentress,
City Council DEFERRED for thirty days until the City Council Meeting of
October 14, 1985, an Ordinance upon application of HELEN V. STANDING for
a Change of Zoning as per the following:
ORDIANCE UPON APPLICATION OF HELEN V. STANDING
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO B-4
Ordinance upon application of Helen V. Standing
for a Change of Zoning District Classification
from @-2 Community-Business District to B-4
Resort-Commercial District on certain property
located on the west side of North Birdneck Road,
151 feet south of Bluebird Drive. Parcel is
located at 565 North Birdneck Road and contains
20,822 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S*, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
September 9,1985
- 23 -
Item II-K.4
ITEM # 24156
PLANNING
Ben Simon, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council GRANTED AN EXTENSION OF COMPLIANCE for ninety days until
December 9, 1985, in the application of S & C COMPANY for the closure
of a portion of Sandra Lane.
Application of S and C., a Virginia General
Partnership, for the discontinuance, closure and
abandonment of a portion of Sandra Lane beginning
at the southern boundary of Indian River Road and
running in a southerly direction a distance of
265 feet to the northern boundary of Mineola
Drive. Said parcel is 50 feet in width and
contains 13,250 square feet. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Septmber 9, 1985
- 24 -
Item II-K.5
PLANNING ITEM # 24157
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance closing, vacating, and discontinuing a
portion of EGO DRIVE in the petition of WILLIAM R. AND HELEN H. HOLZ as
per the following:
Application of William R. and Helen H. Holz for
the discontinuance, clsoure and abandonment of a
portion of Ego Drive beginning at the Eastern
boundary of Matt Lane and running in an easterly
direction a distance of 134.6 feet. Said parcel
is 50 feet in width and contains 3,358.30 square
feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
- 25 -
Item II-L.1
RESOLUTION ITEM # 24158
Thomas E. Stanley, Organizer, Clean Water Action Project, spoke
concerning this RESOLUTION. Copies of the SUPERFUND Resolution and a
statement of unanimous ADOPTION by the Suffolk City Council are hereby
made a part of the record.
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED a Resolution seeking Congressional support for ensuring
that certain elements be incorporated in the reauthorization of the
CONPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT
(SUPKRFUND); AND, Authorized the City Clerk to forward copies of said
Resolution to Senators John Warner and Paul Trible, and Congressman G.
William Whitehurst.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
- 25a -
A RESOLUTION SEEKING CONGRESSIONAL SUPPORT FOR ENSURING
THAT CERTAIN ELEMENTS BE INCORPORATED IN THE
REAUTHORIZATION OF THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE COMPENSATION AND LIABILITY ACT (SUPERFUND)
WHEREAS, hazardous waste disposal sites currently pose a serious threat to the
nation's health and the national environment; and
WHEREAS, materials which cause injury, disease, birth defects, and death are
buried in many sites contaminating drinking water, soil, and food; and
WHEREAS, a strong federal Superfund law is a necessary program for controlling
or eliminating hazardous waste sites, and the present law must be reauthorized prior
to its expiration in October 1985.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach
that:
1. The Superfund program should contain the following basic elements:
- A fund of a minimum of $10 hillion for clean-up activities;
- The EPA be put on a strict, realistic schedule to increase the
pace of clean-ups, especially those already on the National
Priority List;
- Require permanent clean-up of dump sites wherever feasible;
- Establish uniform national standards for EPA clean-ups to
guarantee that public health is protected;
- Increase community participation in the Superfund process to
foster better clean-up and improve community relations;
- Mandate that Superfund sites be cleaned up to the level required
under existing environmental statutes;
- Establish a strong right-to-know provision in Superfund that does
not pre-empt stronger State right-to-know laws.
2. The City Clerk is hereby authorized to forward copies of this
resolution to Senators John Warner and Paul Trible, and Congressman
G. William Whitehurst.
Adopted by the Council of the City of Virginia Beach on this 9th day of
September 1985
Ruth Hodges Smith, CMC
City Clerk
- 26-
Item 11-L.2
ITEM # 24159
RESOLUTION
ADD-ON
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones,
City Council ADOPTED an Ordinance to Transfer funds of $490,000 of
CAPITAL PROJECT FUNDS to PROJECT 13-928 VIRGINIA MARINE SCIENCE MUSEUN
to provide for additional costs
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
26a -
AN ORDINANCE TO TRANSFER FUNDS OF $490,000 OF
CAPITAL PROJECT FUNDS TO PROJECT #3-928 VIRGINIA
14ARINE SCIENCE MUSEUM TO PROVIDE FOR ADDITIONAL COSTS
WHEREAS, due to the complex nature of project #3-928
Virginia Marine Science Museum, architectural and construction costs
are exceeding original estimates resulting in a $490,000 increase in
the project costs, and
WHEREAS, the additional funds needed may be transferred
from pyojects #3-500 Fire Station #18 Green Run and #3-938 Health
Department Renovation which are expected to have excess appropriations
of $65,000 and $425,000, respectively, upon project completion.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that capital project funds in the
amount of $490,000 is hereby transferred as shown below to provide for
the additional costs of the Virginia Marine Science Museum project.
Transfer From:
Project #3-500 Fire Station #18-Green Run $ - 65,000
Project #3-938 Health Department Renovation - 425,000
Transfer To:
Project #3-928 Virginia Marine Science Museum $+ 490 000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virgisia on the Ninth day of Septembet 1985.
CAC/I ORD5
CITY OF VIRGINIA BEACH, VIRGINIA
FISCAL IMPACT STATEHENT-CAPITAL PROJECTS
OVER THE LIFE OF THE PROJECT
1. CIP #/PROJECT TITLE: 3-928 Virginia Marine Science Museum
2. PROJECT DESCRIPTION: A 41,500 square foot building designed to display
10,000 gallons of marine aguaria.
Current itevised
3. COST SUMMARY: Estimate Adjustment Estimate
Plans and Engineering 602,088 P7,817 669,905
Site Acquisition 155,164 (3,259) 151,905
Construction 4,803,000 178,829 4,981,829
Furnishings 77,000 73,000 150,000
Contingencies 107,150 150,186 257,336
Administration 40,000 23,427 63,427
Total Cost Estimate 5 784 402 490 000 6 274 402
4. FUNDING SOURCE:
Charter Bonds 3,600,000 425,000 4,025,000
Revenue Sharing 100,000 65,000 165,000
State Contribution 2,084,402 - 2,084,402
5 784 402 490 000 6 274 402
5. PROJECT COMPLETION DATE: 5/85 12/85
6. COMMENTS: The $490,000 to be transferred from projects #3-500 and #3-938
are estimated surplus and will have no impact on these two pro-
jects .
CAC JV/CPIMPACT
- 27 -
Item II-M.
CONSENT AGENDA ITEM # 24160
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council APPROVED IN ONE MOTION Items 3, 4, 5, 6, 7, 8, 10, 11,
12, and 13 of the CONSENT AGENDA.
Items 1, 2 and 9 were DEFERRED
On Item 7, Councilwoman Creech VERBALLY ABSTAINED.
On Item 10, Vice Mayor McClanan registered a VERBAL MAY Vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item II-M.1
CONSENT AGENDA ITEM # 24161
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council DEFERRED for additional preparation by City Staff the
following:
ORDINANCE TO REPEAL SECTION 21-376 OF THE CODE OF
THE CITY OF VIRGINLA BEACH, VIRGINIA, PERTAINING
TO ABANDONED WRECKED, ETC., VEHICLES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
29 -
Item II-J.2
CONSENT AGENDA ITEM # 24162
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council DEFERRED for additional preparation by City Staff the
folowing:
ORDINANCE TO AMEND AND REORDAIN SECTION 21-378 OF
THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO REMOVAL, STORAGE AND SALE OF
UNATTENDED VEHIGLES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item II-M.3
CONSENT AGENDA ITEM # 24163
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to authorize acquisition of property
in fee simple for right-of-way for INDIAN RIVER ROAD-BOX CULVERT PROJECT
and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
WAY FOR INDIAN RIVER ROAD - BOX
CULVERT PROJECT AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF
RIGHT OF WAY EITHER BY AGREEMENT OR BY
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project to provide drainage and
for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, 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 condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that certain real property in fee simple, including temporary
and permanent easements of right of way as shown on the plans
entitled, ICITY OF VIRGINIA BEACH, VIRGINIA DEPARTMENT OF PUBLIC
WORKS ENGINEERING DIVISION INDIAN RIVER ROAD CULVERT CROSSING AT
LYNNHAVEN PARKWAY," 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 on behalf of the City of Virginia
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 in force and effect from the
date of its adoption.
Adopted by the Council of the City of virginia Beach
Virginia, on the 9 day of September , 19 85. App@C ENT
JAR/rab
8/1 4/8 5
(9)
S[GNAT@IRE
- 31 -
Item II-M.4
CONSENT AGENDA ITEM # 24164
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to authorize acquisition of property
in fee simple for right-of-way for GATEWOOD PARK SEWERAGE SYSTEM and the
acquisition of temporary and permanent easements of right-of-way either
by agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
- 32 -
Item II-M.5
CONSENT AGENDA ITEM # 24165
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to transfer appropriations totalling
$50,900 in order to fund salaries and benefits for two SAWITARIAN
POSITIONS for the HEALTH DEPARTMENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
0 AN ORDINANCE TO TRANSFER APPROPRIATIONS
c,, TOTALLING $50,900 IN ORDER TO FUND SALARIES
AND BENEFITS FOR TWO SANITARIAN POSITIONS
FOR THE HEALTH DEPARTMENT
C)
WHEREAS, The City of Virginia Beach desires to provide safe and
clean restaurants and other food establishments for its residents and visi-
tors, and
WHEREAS, the number of restaurants has grown by more than 500
over the last decade, and
WHEREAS, the Health Department needs two additional sanitarian
positions to assist in making the legally required inspections and to moni-
tor restaurants in accordance with safe health standards, and
WHEREAS, there are sufficient surplus funds appropriated in the
Health Department's fiscal year 1985-1986 operating budget to funds these
two positions.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that two additional sanitarian positions be created for the
Health Department for the 1985-1986 fiscal year.
BE IT FURTHER ORDAINED, that $50,900 be transferred from surplus
funds in the Health Department's fiscal year 1985-1986 operating budget to
fund those two sanitarian positions.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Ninth day of September 1985.
KAR/13 ORD2
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY
FOR GATEWOOD PARK SEWERAGE SYSTEM AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT OF WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important sewerage system and for other
public purposes for the preservation of the safety, health,
peace, good order, comfort, convenience, 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 condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89, et seq, Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled, "THE CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS
UTILITIES VIRGINIA BEACH, VIRGINIA C.I.P. NO. 6-808 SANITARY
SEWERAGE SYSTEM GATEWOOD PARK OCTOBER, 1984," 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 on behalf of the City of Virginia
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 in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,.
Virginia, on the 9 day of -September 19 85 - A@l T
UR
JAR/rab
8/2 0/8 5
(9)
- 33 -
Item II-M.6
CONSENT AGENDA ITEM # 24166
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to tansfer $20,000 of Capital Project
Funds to PRWECT 1 2-029 ROUTE 44-BAXTER ROAD FLYOVER to provide for
appraisal services.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER $20,000 OF
CAPITAL PROJECT FUNDS TO PROJECT #2-029
ROUTE 44-BAXTER ROAD FLYOVER TO PROVIDE
FOR APPRAISAL SERVICES
o
WHEREAS, on August 19, 1985 Council adopted an ordinance
to authorize acquisition of property in fee simple for right of way for
project #2-029 Route 44-Baxter Road Flyover, and
WHEREAS, prior to the acquisition of right-of-way, it
will be necessary to obtain appraisals of the needed parcels with such
services estimated to cost $20,000, and
WHEREAS, the needed funds for appraisals may be trans-
ferred from project #2-837 Various Public Improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $20,000
are hereby transferred from project #2-837 Various Public Improvements
to project #2-029 Route 44-Baxter Road Flyover to provide for appraisal
services.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the Ninth day of September 1985.
CAC/1 ORD14
- 34 -
Item II-M.7
CONSENT AGENDA ITEM # 24167
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to transfer $59,000 of Captial Project
Funds to PROJECT 2-026 RUDEE INLET ENTRANCE CHANNEL dredging to cover
the cost of quantity overruns.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining:
Nancy A. Creech*
*Verbal
September 9,1985
z
z
0
0
0
0
<
L) AN ORDINANCE TO TRANSFER $59,000
> OF CAPITAL PROJECT FUNDS TO PROJECT #2-026
0 @-A @ 6
RUDEE INLET ENTRANCE CHANNEL DREDGING
TO COVER THE COST OF QUANTITY OVERRUNS
WHEREAS, the capital improvement program includes project #2-026
Rudee Inlet Entrance Channel Dredging for deepening of the entrance channel
to improve passage of boats, and
WHEREAS, on March 1, 1985 Council awarded the low bid from
Norfolk Dredging Company for dredging of the channel, and
WHEREAS, the contractor has removed an additional 16,799 cubic
yards of material above the original base estimate and is entitled to an
overrun of $59,000, and
WHEREAS, the additional amount needed for project #2-026 may be
transferred from #2-712 Dredging-Eastern Branch Lynnhaven River.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $59,000 are hereby
transferred from project #2-712 Dredging-Eastern Branch Lynnhaven River to
li2-026 Rudee Inlet Entrance Channel Dredging to cover the cost of the quan-
tity overruns in dredging of the entrance channel.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
-Ninth day of Septetaber 19 85
KAR/13 ORD3
- 35 -
Item II-M.8
CONSENT AGENDA ITEM # 24168
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance to transfer funds of $414 from the
General Fund's Reserve for Contingencies to the POLICE CHIEF'S DIVISION
for reimbursemeut of legal expenses incurred by a City Employee in the
performance of his duties.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
1-
z
%
AN ORDINANCE TO TRANSFER FUNDS OF
$414 FROM THE GENEPAL FUND'S RESERVE
0
0 FOR CONTINGENCIES TO THE POLICE CHIEF'S
DIVISION FOR REIMBURSEMENT OF LEGAL EXPENSES
< INCURRED BY A CITY EMPLOYEE IN THE PERFORMANCE
OF HIS DUTIES
>
0
WHEREAS, a Virginia Beach police officer was charged
with assault while performing his duties, and
WHEREAS, the employee incurred legal fees of $414 in
preparing his defense, and
WHEREAS, the case was nol prossed by the General District
Court, and
WHEREAS, the officer is seeking reimbursement from the
City for his legal fees in accordance with Section 15.1-131.6 of the
Code of Virginia, and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $414 be transferred from
the General Fund's Reserve for Contingencies to the Police Chief's
Division for legal fees involving the above incident.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the Ninth day of September 1985.
CAC/I ORD13
- 36 -
Item II-M.9
CONSENT AGENDA ITEM # 24169
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council DEFERRED an Ordinance to Transfer $47,000 from Reserve for
Contingencies to fund a Consultant Study of the AICUZ AREA suitable Land
Uses and Economic Development Activities.
This Ordiance was DEFERRED to co-ordinate with the CONTRACT for the
CONSULTANT STUDY OF THE AICUZ AREA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item II-M.10
CONSENT AGENDA ITEM # 24170
UPon motion by Councilman Louis Jo,es, seconded by Councilman Fentress,
City Council APPROVED an Ordinance, on FIRST READING, to appropriate
$27,949 to the Office of the Commonwealtb's Attorney for an additio,,l
attorney position.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan*
Council Members Absent:
None
*Verbal Nay
0
L)
AN ORDINANCE TO APPROPRIATE $27,949
TO THE OFFICE OF THE COKKONWEATLH'S ArrORNEY
0 FOR AN ADDITIONAL ATTORNEY POSITION
WHEREAS, the office of the Comonwealth's Attorney has requested
an additional attorney position to allow reinstatement of the Target
Misdemeanor Program, and
WHERRAS, the cost of the new position is estimated st $27,949
for salaries, fringe benefits, supplies and furniture, and
WHEREAS, the total cost may be offset by an increase in asti-
mattd revenues as a result of increased funding from.the Compensation Board.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the mmunt of $27,949 are hereby appropriated
to the Comonwealth's Attorney's budget for a new Attorney I position.
BE IT FURTHER ORDAINED that the appropriations be offset by a
like increase in estimated revenues.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
FIRST READING: September 9, 1985
SECOND READING:
- 38 -
Item II-M.11
CONSENT AGENDA ITEM # 24171
Upon fnotion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance, on SECOND READING, to accept and
appropriate a grant of $200,000 from the VIRGINIA HEALTH DEPARTMENT for
maternal and child health care.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO ACCEPT AND APPROPRIATE
A GFLANT OF $200,000 FROM THE VIRGINIA
HEALTH DEPARTMENT FOR KATERNAL AND
CHILD REALTH CARE
WHEREAS, the City of Virginia Beach is interested in
providing quality prenatal and postnatal services to eligible Virginia
Beach residents, and
WHEREAS, the Virginia General Assembly has made funds
available through the State Health Department in the amount of $200,000,
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach that the City Manager is hereby authorized to
accept the Maternal and Child Health Care Grant for the City and funds
totalling $200,000 are hereby appropriated for that purpose.
BE IT FURTHER ORDAINED that ten personnel positions are
hereby authorized for the duration of the grant to be paid from the
grant with the classes of the employees to be determined by the City
Manager.
This ordinance shall be effective from the date of its
adoption.
FIRST READING: August 26, 1985
SECOND READING: Septmber 9, 1985
Adopted by the Council of the City of Virginia Beach,
Virginia on the Ninth day of Septeinber 1985.
APPROVED AS TO CONTENT
DEPAR[M'INT
A,@ T P&i
C", @,,,R;4EY
CAC/I ORD6
- 39 -
Item II-M.12
CONSENT AGENDA ITEM # 24172
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance authorizing Tax Refuuds in the amount
of $642.75 upon application of certain persons and upon certification of
the City Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO, C.A@ 1 8/1 6/ 85 EMC
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, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Christian Broadcasting 85 RE(2/2) 16679-4 6/3/85 12.00
Henry S Poteet 85 RE(2/2) 29484-2 7/24/85 87.97
Annie Lou M Payne 84 RE(2/2) 67407-7 5/17/84 24,96
Dove Construction Co 85 RE(2/2) 102449-1 6/5/85 318.66
Randolph F Young 84 pp 170982-1 6/28/85 62.43
Rolando & Naylis Trimino 85 pp 160016-1 6/5/85 63.00
Nancy J Petty 84 pp 119806-2 1/28/85 68.73
Connie Starling 85 Dog 20676 7/1/85 5.00
AUG i9
C@F L@.@'V
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$642-75 -- - were approved by
the Council of the City of Virginia 7P
Beach on the 9 -day of @eRtem@er, 1985
Treasurer
A
Ruth Hodges Smith
City Clerk
- 40 -
Item II-M.13
CONSENT AGENDA ITEM # 24173
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance authorizing License Refunds in the
amount of $718.04 upon application of certain persons and upon
certification of the Commissioner of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 9, 1985
FORM NO. C.A. 8
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:
NAME L icense Date Base Penalty Int. Total
Year Paid
Professional Rehabilitati6n
751 Independence Cir., S-203
Va. Beach, VA 23455 1983/84 Audit 35.52 35.52'
Shoney's, Inc.
T/A CaPtain D's Seafood
557 Denbigh Blvd.
Newport News, VA 23602 1985 06/18/85 50.00 50.00,
Suffolk Oil Co., Inc.
T/A Union-76, Independence Blvd.
P. 0. Box 1218
Suffolk, VA 23434 1983/84 Audit 632.52 632.52.
Certified as to Payment:
an
Commissioner of R
Approved as to form:
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling -$718 . 04 ed by the Council
were approv
of the City of Virginia Beach 9 1 Scppember 85
on the -- day ot
Ruth Hodges Smith
City Clerk
- 41 -
Item II-0.1
UNFINISHED BUSINESS ITEM # 24174
ADD-ON
Councilman Baum referenced the letter to the CORPS OF ENGINEERS from the
City Manager dated September 9, 1985, concerning CANAL NO. 2.
Councilman Baum emphasized the paragraph of said letter concerning the
City of Virginia Beach bearing the costs of operating and maintaining the
project upon completion of construction. Councilman Baum was concerned
with high maintenance costs. The City has never constructed canals of this
size. Having to remove all the silt might be very expensive and would lead
to bulkheading. Councilman Baum requested a written report relative the
cost of bulkheading both sides in the event the cost became prohibitive. As
the City did quite a bit of excavation, he also requested additional
information on the approximate number of cubic yards that are being
removed based on further lowering and widening.
Councilman Jennings reiterated Councilman Baum's concerns and requested
information concerning the potential cost of constructing a silt trap to
prevent all of the silt from flowing directly into the Lynnhaven River.
The City Manager's letter of intent to the U.S. Army corps of Engineers is
hereby made a part of the record.
September 9, 1985
4 2
Item II-P.I.
NEW BUSINESS ITEM 24175
Marion Garrett, Owner, Adventure Travel, spoke in OPPOSITION to said
PROPOSAL
The City Manager referenced proposals received from Travel Agencies in
response to the City's Request For Proposal. The City Manager
recommended that the top three ranked companies be used on a bid basis
for a four-month period with information being compiled in regard to
savings, service, etc.
The Proposed TRAVEL AGENCY offers were:
C.I. TRAVEL CENTER
GIBSON WORLD TRAVEL
INTERNATIONAL TRAVEL AGENCY LIMITED
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council VOTED tbe Current Travel Policy remain in effect allowing
Council and Staff to continue making travel arrangements with current
agents.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
J. Henry McCoy, Jr.
Council Members Voting Nay:
Barbara M. Henley,* Robert G. Jones,* and Meyera E. Oberndorf*
Council Members Absent:
None
Council Members Abstaining:
Louis R. Jones
*Verbal Nay
- 43 -
-Item II-P.2
NEW BUSINESS ITEM # 24176
John Herzke, Traffic Engineer, advised the Staff's analysis on traffic
counts and the impacts related to same.
Sam Houston, Sr., Member of the Transportation Committe of 100, spoke
concerning the necessity of traffic counts.
The City Manager advised of the four alternatives available and costs
associated with providing traffic count information for zoning
applications to be heard by City Council:
Alternative #1: Continue under present system of simply
using whatever traffic count information is
available. The date the count was taken is
also included, but no new or additional
traffic counts would be included.
Alternative #2: Establish a City-wide annual count program
similar to the Virginia Department of
Highways and Transportation System. This
would insure count data no older than one
year on our major roadways. Total Combined
Cost: $61,323
Alternative #3: Provide additional counts as necessary
using existing equipment. This wil require
an additional employee. With this method,
there would not be an annual, city-wide
count program, but counts would be
performed on zoning agenda items on an "as
needed" basis. Total Combined Cost:
$23,121
Alternative #4: Require the developers to provide a traffic
impact analysis for development plans and
rezoning applications. This would be
prepared by a professional engineer
utilizing current traffic count data, if
available.
The City Staff recommended ALTERNATIVE 14
The Council recommended development of certain guidelines which the
Council and Planning Commission wil give creditibility. The Council
advised that accumulation of those reports over a period of time would
be of assistance wbenever the COMPREHENSIVE PLAN is subject to AMENDMENT
as well as the CAPITAL IMPROVEMENT PROGRAM.
Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City
Council ACCEPTED ALTERNATIVE #4, subject to FINAL APPROVAL after certain
perimeters have been established and presented to Council.
44
Itefn II- P. 2
NEW BUSINESS ITEM # 24177 (Continued)
Voting: 11-0
Couricil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 45 -
Item II-Q.1.
RECESS INTO
EXECUTIVE SESSION ITEM # 24177
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Louis Jones, seconded by Councilman Robert Jones, City
Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel
Matters and Legal Matters, after which to reconvene (4:08 p.m.).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechl Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 46 -
Item II-Q.2
RECONVENE ITEM # 24178
Upon motion by Councilman Louis Jones, seconded by Councilman
Fentress, City Council RECONVENED the REGULAR SESSION of City Council
(5:20 P.M.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
UNANIMOUS VERBAL
- 47 -
Item II-11.1
APPOINTMENTS ITEM # 24179
Upon NOMINATION by Councilman Louis Jones, City Council APPOINTED to the
PUBLIC LIBRARY BOARD for a three year term ending August 31, 1988:
John L. Carvil, Jr.
Susan M. Clark
Lettie Dozier
Samuel H. Knoll
A N D,
REAPPOINTED the following for a three year term ending August 31, 1988:
Betty Nottingham
Royanna Redon
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*UNANIMOUS VERBAL
September 9, 1985
- 48 -
Item II-Q.3
RECESS INTO
EXECUTIVE SESSION ITEM # 24180
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council voted to RECESS into EXECUTIVE SESSION for discussion of
Acquisition of Real Estate (5:25 p.m.), after which to adjourn..
Voting: 11-0 *
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
UNANIMOUS VERBAL
September 9, 1985
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Item II-Q.4
ADJOURNMENT ITEM # 24181
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy,
City Council ADJOURNED the meeting at 5:55 P.M.
Voting: 11-0 *
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
UNANIMOUS VERBAL*
laever y O@
Chief Deputy City Clerk
Kuth Hodges fm th, CMC Mayor Harola He ScLiaber
City Clerk
City of Virginia Beach,
Virginia
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