MAY 13, 1985 MINUTES
Cit@ C)-f
"WORLD'S LARGEST RESORT CITY"
CnTCOEWCLL
MAYOR HAROLD IMSCHOBER. At
VICE MAYOR REBA S. M@CLANAN, A- @gh
JOHN A. EAUM. Bi.@-@k
NANCY A. CREECH, At Z-"
ROBERT E @. V@ B.-h @k
BARBARA M HENLEY. @ @k
R. JARK @ING@ JR., L@- B-gh
LOUIS R. JO@. &y@ @h
ROBERT G. JONES. A, L-g,
J. HENRY McCOY. JR., K-p-@ @h
MEYFRA E. O@RF, A@ L.,Y, 181 CFRY HALL BUILDING
MVNICIPAL CE@
RUTH HODGES SMrrH. CUC, City Ci-k CITY COUNCIL AGENDA VIRGINIA BFA CH VIRGINL4 U06 9M
180414274303
may 13, 1985
Virginia Beach City Council
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chainbers - 2 PM
A. INVOCATION: Father Frederick H. Feusahrens
Holy Spirit Catholic Church
B. PLEDGE OF AI.I.RGIANCE 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. MINUTES
1. Motion to accept/approve the Minutes of May 6, 1985.
G. PRESENTATIONS
1. Virginia Beach Safety Council Life Saver Awards
a. Lt. James Davis Hicks
b. Reginald Johnson
c. Bruce Payne
d. Jose Villanueva
H. PROCLAMATIONS
1. Kilitary Appreciation Week - May 12-18, 1985
Armed Forces Day at Fort Story - May 18, 1985
2. Municipal Clerk's Week - May 13-17, 1985
3. Ruritan Week - May 13-19, 1985
4. Law Enforcement Appreciation Week - May 13-19, 1985
5. Virginia Beach Tourism Week - May 19-25, 1985
I. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Silverleaf Drive in the petition of the City of Virginia
Beach (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
2. Ordinance closing, vacating and discontinuing a portion of
Old Princess Anne Road in the petition of the City of
Virginia Beach (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
3. Application of Covington-Gostel Investment Group, Ltd. for a
variance to Section 4.4(c) of the Subdivision Ordinance
which requires that corner lots be platted ten feet wider
than the minimum lot width required by the Comprehensive
Zoning Ordinance. The applicant wishes to subdivide a
15,840-square foot parcel into two lots located at the
northeast corner of Dalrymple Street and Seaton Drive
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of National Pride for a conditional use permit
for an automobile repair facility of a 37,026-square foot
parcel located at the southeast corner of South Witchduck
Road and Ruritan Lane (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
5. Application of Bellauy Manor Preschool, by Janet Kottke for
a conditional use permit for a preschool (120 students) on a
4.4-acre parcel located on the south side of Providence
Road, west of Luke Drive (Kempsville Borough).
a. Letter from the City Nanager transmits the
recommendation of the Planning Commission
for approval.
6. Application of R. Larry Turner, President, Richmond Venture
Coupany, Ltd., for a conditional use permit for outside
storage on a 5.97-acre parcel located on the north side of
Tn-dian River Road, east of Kempsville Road (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Edgardo P. Agustin and Estate of David A.
Barber for a conditional use permit for a day care center on
a two-acre parcel located on the east side of Salem Road,
north of Salem Lakes Boulevard (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Paul R. Thompson for a change of zoning
from R-5 Residential District to 0-1 Office District on a
10,254-square foot parcel located at the southeast corner of
Princess Anne Road and White Oak Drive (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
9. Application of Stanley F. Scott for a change of zoniae from
R-7 Residential District to B-4 Resort-Commercial District
on a 9,000-square foot parcel located at the northeast
corner of 9th Street and Cypress Avenue (Virginia Beach
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of Gaston F. Dough, Jr. and James Gallagher for
a change of zo@n from A-1 Apartment District to B-4
Resort-Commercial District on a 21,000-square foot parcel
located on the north side of 15th Street, west of Pacific
Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Application of Merrit Chauncy Krabenbill, Executor, Estate
of Chris W. Krahenbill, for a change of zon ng from R-8
Residential District to A-2 Apartment District located on
the east side of @rincess Anne Road, north of Baxter Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
J. ORDINANCES
1. Proposed Ordinances for Fiscal Year 1985-86 Operating
Budget:
a. Ordinance, on SECOND READING, making appropriations for
the fiscal year beginning July 1, 1985 and ending June
30, 1986 in the sum of Three Hundred Eighty-Seven
Million, Eight Hundred Nine Thousand, Four Hundred Three
Dollars ($387,809,403) for Operations and One Hundred
Twenty-Five Million, Five Hundred Sixty-Six Thousand,
One Hundred Ninety-Five Dollars ($125,566,195) in
Interfund Transfers and regulating the payment of money
out of the City Treasury, as amended.
b. Ordinance, on SECOND READING, establishing the tax levy
of real estate for Tax Fiscal Year 1986.
c. Ordinance, on SECOND READING, establishing the tax levy
on personal property and machinery and tools for the
Calendar Year 1986.
2. Ordinance, on FIRST READING, to amend and reordain Section
35-115 of the Code of the City of Virginia Beach pertaining
to utility taxes.
K. 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. Resolution in support of the continuation of the Virginia
Beach Clean Community Program with grant funding to be
furnished by the Division of Litter Control of the State.
2. Resolution authorizing the enlargement of the
nonconforming structure located at 1229 Barrs Road
(property of Novells Joyner).
3. Ordinance to amend and reordain Section 2 of the Code of
the City of Virginia Beach, Virginia, by providing for a
public hearing before appointment of School Board
members.
4. Ordinance authorizing the City Manager to execute an
agreement with Tidewater Co@nity College to produce ten
television programs that will be of interest and benefit
to senior citizens.
5. Ordinance to transfer $65,000 in appropriations from the
City Garage Expansion Project to the Animal Control
Building Addition.
6. Low bid of Atlantic X-Ray, in the amount of $33,837.09,
for the Human Resources Renovation - X-Ray Equipment;
AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
L. UNFINISHED BUSINESS
m. NEW BUSINESS
1. Virginia Beach Scenic Waterways Plan: Presentation by
Southeastern Virginia Planning District Commission
2. Storawater Management Plan: Engineering Services
N. ADJOURNMENT
1. Notion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 13, 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, May 13, 1985, at 12:30 in the afternoon.
Council Members Present:
John A. Baum, 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 Absent:
Nancy A. Creech, and Vice Mayor Reba S. McClanan
Councilwomari Nancy Creech entered the EXECUTIVE SESSION at 12:40 p.m.
Vice Mayor Reba S. McClanan entered the EXECUTIVE SESSION at 12:40 p.m.
May 13, 1985
- 2 -
ITEM # 23589
Mayor Heischober entertained a niotion to permit Council to conduct its EXECU-
TIVE 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 dispositioti 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 instituion.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff institution. consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting; 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Pentress, 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:
None
Council Members Absent: May 13, 1985
Nancy A. Creech and Vice Mayor Reba S. McClanan
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 13, 1985
2:30 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, May 13,
1985, at 2:30 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.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Roy Jackson, Ret.
United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 13, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
item II-D.1
CONSENT AGENDA
NONCONFORMING STRUCTURE/
NOVELLA JOYNER ITEM # 23590
The City Manager referenced a Resolutio@i authorizing the enlargement of the
nonconforming structure located at 1229 Barrs Road (property of NOVELLA JOYNER)
(See Item 11-K.2 of the Consent Ageiida).
This item will be pulled for additional discussion.
item II-D.2
CONSENT AGENDA
TIDEWNrER COZIMUNITY COLLEGE/
TEN TELEVISION PROGRAi4S ITEM # 23591
Councilwomen Henley and Oberndorf refereiiced an Ordinance authorizilig the City
Manager to execute an agreeemnt with TIDEWATER COMMUNITY COLLEGE to produce ten
television programs that will be of interest and benefit to senior citizens. (See
Item II-K.4 of the Consent Agenda).
Maryann I. Ustick, Director of Community Developmeiit, advisei the aforementioned
films will be available to Senior Citizeis city-wide.
Pamela LiLigle, Director of Public Informatioii, refereliced the films would be
aired on Channel 29.
May 13, 1985
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.I.
SAJO FARM MANOR HOUSE ITEM # 23592
Councilman Louis Jones requested discussion of the SAJO FARM MANOR HOUSE
be scheduled for the City Council Meeting of May 20, 1985.
May 13, 1985
6
Item II-F. 1
MINUTES ITEM # 23593
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED the -.@IINUTES of May 6, 1985.
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
COUDCil Members Absent:
None
May 13, 1985
7
Item II-G. 1
PRESENTATIONS ITEM 23594
Mayor Heischober introduced Councilman Jack Jennings, aud Pearl Mallory to
present the VIRGINTA BEACH SAFETY COUNCIL LIFE SAVER AWARDS.
Councilman Jennings was instrumental in the formulation of the VIRGINIA
BEACH SAFETY COUNCIL, and was President for two different terms. Pearl
Mallory is Committee Chairman of the VIRGINIA BEACH SAFETY COUNCIL.
The following LIFE SAVER AWARDS were presented:
Lt. James Davis Hicks
Reginald Johnson (posthumously)
Bruce Payne
Jose Villanueva
The award to Jose Villanueva was presented for the rescue of Beth Ann Dail
on January 24, 1985. Jose Villanueva was unable to attend.
The following awards were presented in conjunction with the attempted rescue
of CLARENCE NEELY, III on January 24, 1985.
Lt. James Davis was in attendance to receive his award.
Reginald Johnson's parents were unable to attend. His award will be mailed.
Bruce Payne was in attendance.
Councilmari Jennings referenced that duplicates of the LIFE SAVER AWARDS will
be displayed in the Administration BuildiLig of the City of Virginia Beach
Municipal Center.
May 13, 1985
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8
Item II-R.1
PROCLAMATION ITEM # 23595
Mayor Heischober PROCLAIMED the week of May 12-18, 1985 as:
MILITARY APPRECIATTON WEEK
AND, Saturday, May 18, 1985 as:
ARMED FORCES DAY AT FORT STORY
The following CoTninanding Officers were in atteiidance to accept the
PROCLAMATION:
Captain L. F. Norton, Oceana
Captain John W. Bitoff, Dam Neck
Captain John F. Doyle, Little Greek Amphibious Base
Captain Joseph Farrell, Fort Story
T@iis PROCLAMATION recognized the importance of the military ia the City,
and urged individuals to pay special recognition to our military community.
May 13, 1985
8a
WHEREAS, the City of Virginia Beach has long been home base for four of America's
important military installations: Oceana Naval Air Station, Little Creek Amphibious
Base, Fleet Combat Training Dam Neck, and Fort Story; and
WHEREAS, approximately twenty percent of Virginia Beach's residents are in the
military and another sixteen percent are military retirees who have established per-
manent residence in Virginia Beach; and
WHEREAS, these four installations provide employment, both military and civilian,
for over 30,000 persons, with an approximate annual payroll of $450 million; and
WHEREAS, the City of Virginia Beach recognizes the importance of the military in
our City, not only in an economic aspect, but also because of the military's contribu-
tions to our social, cultural, and civic growth and development; and
WHEREAS, the City of Virginia Beach and the Virginia Beach Council of the Hampton
Roads Chamber of Commerce would like to set aside this special time to recognize the
members of our military community and their leaders.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim the week of May 12-18, 1985 as
MILITARY APPRECIATION BEEK
and Saturday, May 18, 1985 as
ARMED FORCES DAY AT FORT STORY
and urge all businesses and individuals to pay special recognition to our military
community during this time.
Given under my hand and seal this thirteenth day of May, nineteen hundred and
eighty-five.
Harold Heischober
Mayor
May 13, 1985
9
item 11-H.2
PROCLAMATION ITEM # 23596
Mayor Heischober PROCLAIMED the week of May 13-19, 1985 as:
MUNICIPAL CLERK'S WEEK
Vice Mayor Reba S. McClanan read the PROCLAMATION and presented same to
Ruth Hodges Smith, CMC, City Clerk of Virginia Beach.
This PROCLAMATION recognized the vital services performed by the Municipal
Clerks and their outstanding dedication and ocotribution to the communities
they serve.
May 13, 1985
9a -
WHEREAS, the success of City government is measured in direct proportion to its
ability to meet the needs of its people; and
WHEREAS, the Municipal Clerk is important to the community as a whole--that
the records of its government be orderly and the operation of the Clerk's Office
be in an official manner; and
WHEREAS, the Municipal Clerk provides a direct link between past and present,
serving as the central source of knowledge and records of this City's governing body,
the City Council; and
WHEREAS, the Municipal Clerk records the proceedings and decisions of the legis-
lative body, undertaking a variety Of ackninistrative tasks vital to an effective and
responsible government; and
WHEREAS, the Municipal Clerk strives to more efficiently and effectively serve
the Council and its citizens by staying abreast of technological advances in today's
world through professional education and training.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim the week of May 13-17, 1985 as
MUNICIPAL MERKIS WEEK
in Virginia Beach in recognition of the vital services performed and in recognition
of their outstanding dedication and contribution to the communities they serve.
Given under my hand and seal this thirteenth day of May, nineteen hundred and
eighty-five.
Harold Heischober
Mayor
May 13, 1985
- 10 -
Item 11-H.3
PROCLAMATION ITEM # 23597
Mayor Heischober PROCLAIMED the week of May 13-19, 1985, as:
RURITAN WEEK
Councilman McCoy read the PROCLAMATION and presented same to
Cotton McClenney, District Governor of the Holland District of Ruritan, and
Robert Vaughan, Past Zone Governor.
This PROCLAMAIION recognized the contributions made by RURITAN to the
uiiderstanding between rural and urban interests in their various communities.
May 13, 1985
loa -
el
riart,ant;attlatt
WHEREAS, Ruritan National was organized May 21, 1928 in Holland, Virginia;
and
WHEREAS, Ruritan have made excellent contributions to the understanding between
rural and urban interests in their various communities and seek to continue as well
as to expand upon this relationship; and
WHEREAS, Ruritan National comprises over 1,300 clubs and 38,000 citizens of
this great country, all of whom foster ideals of fellowship and goodwill; and
WHEREAS, their activities result in innumerable acts of unselfish service to
those neighbors and others suffering misfortune and severe hardship.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim May 13-19, 1905 as
RURITAN WEEK
in Virginia Beach to be observed by all Ruritan members and further urge the citizens
of Virginia Beach to join in the celebration of this 57th Anniversary of this praise-
worthy, community-oriented organization.
Given under my hand and seal this thirteenth day of May, nineteen hundred and
eighty-five.
Harold Heischober
Mayor
May 13, 1985
Item 11-H.4
PROCLAMATION ITEM 23598
Mayor Heischober PROCLAIMED the week of May 13-19, 1985 as:
LAW ENFORCEMENT APPRECIATION WEEK
This PROCLAMATION recognized the dedication of the excellent police force of
Virginia Beach and urged citizens to pay tribute to those officers who have
given their lives.
David Hewes, President of the Fraternal Order of Police accepted this
PROCLAMATION.
May 13, 1985
lla -
46
riartam;attion
WHEREAS, throughout Tidewater the week of May 13-19, 1985 has been designated as
Law Enforcement Appreciation Week; and
WHEREAS, all Americans should take time to consider the services performed for
them by the Lavi Enforcement Community; and
WHEREAS, at the same time, Americans should remember and honor those officers
who have lost their lives in performance of their police duties.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim the week of May 13-19, 1985 as
LAW EWORCEMENT APPRECIATION WEEK
in Virginia Beach and urge citizens to pay tribute to those officers who have given
their lives to protect our City, and also recognize the dedication of the excellent
police force of Virginia Beach to which we are grateful for making our City a safe,
enjoyable community in which to live.
Given under my hand and seal this thirteenth day of May, nineteen hundred and
eighty-five.
Harold Heischober
Mayor
May 13, 1985
12 -
Item II-H.5
PROCLAMATION ITEM # 23599
Mayor Heischober PROCLAIMED the week beginniiig May 19, 1985 as:
VIRGINIA BEACH TOURISM WEEK
Councilman Fentress read the PROCLA14ATION and presented same to Jerry Ross,
representative of the Tourist Industry, and Bill Miller, who represented
the Restaurant Association.
This PROCLAMATION recognized the tourism industry in Virginia Beach and the
benefits from the effects of tourism through its enhancement of our personal
growth, education and intercultural understanding.
Councilman Fentress recognized James Ricketts, Director of Tourism.
May 13, 1985
12a
WHEREAS, the tourism industry is extremely important to the City of Virginia Beach,
contributing greatly to our economic prosperity; and
WHEREAS, each citizen of Virginia Beach benefits from the effects of tourism through
its enhancement of our personal growth, education, and intercultural understanding, as
well as the general economic well- being of the City; and
WHEREAS, the tourism industry in Virginia Beach annually generates millions of
dollars in City tax revenue, thousands of full- and part-time employment opportunities,
and total spending exceeding a quarter of a billion dollars; and
WHEREAS, tourism can be expected to play an even greater role in the lives of the
Virginia Beach people in coming years.
NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do hereby
proclaim the week beginning May 19, 1985 as
VIRGINIA BEACH TOURISM WEEK
and call upon the people of Virginia Beach to observe such week and reflect upon the
value of the tourism industry to our City and our citizens.
Given under my hand and seal this thirteenth day of May, nineteen hundred and
eighty-five.
Harold Heischober
Mayor
May 13, 1985
- 13 -
Item 11-1. I
PLANNING ITEM # 23600
Louis Lucente, President of Terry Corporation, represented the applicalit
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance closing, vacating and discontinuing a portion
of SILVERLEAF DRIVE in the petition of the CITY OF VIRGINIA BEACH.
Application of the City of Virginia Beach for the
discontinuance, closure aDd abandonment of a portion
of Silverleaf Drive located at the Southwest inter-
section of Silverleaf Drive and Holland Road. Said
parcel contains 26,221 square feet. Plats with more
detailed information are available in the Department
of Planning. KEMPSVILLE BOROUGH.
This closure shall be subject to the following conditions
1. Resubidivision of the property to incorporate
the closed area into adjoining parcels.
2. The closure of this right-of-way shall be con-
tingent upon compliance with the above stated
condition within 180 days of the approval by
City Council.
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
May 13, 1985
- 13a
(']R(>MWPLI., B]-'TZ & I,ITI@;T]O, 1'.
ATT'IRN ". ..J, CO@IN..-.. @T I-.@
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M. march 22, 1985
T..- S. C.....
R. E.....
I, R. Edward Bourdon, Jr., attorney for Terry CorDoration of
Virginia, do herebv certify that:
i. I am an attorney at law and represent Terry Corporation of
Virginia.
2. That based upon my examination of title, it is my ooinion
that if the portion of the street sought to be closed is discontinued,
closed and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said streets will vest in Terry Corporation of Virginia,
the owner of the fee in all adjacent property.
3. The portion of street to be closed, referred to herein, is
described as follows:
That certain portion of Silverleaf Drive, beginning
at a point 348.36' from the intersection of Silver-
leaf Drive and Independence Boulevard and from said
point at the beginning continuing along an arc with
a radius of 307.04 feet, a distance of 184.81 feet
to a point, thence along an arc with a radius of 137
feet, a distance of 37.33 feet to a point, thence
along an arc with a radius of 1,080 feet, a distance
of 137.89 feet to a point, thence S 46001'54" East,
a distance of 319.80 feet to a point, thence con-
tinuing along an arc with a radius of 1,000 feet '
a distance of 549.50 feet in a westerly directio@ to
the point of beginning as shown on that certain plat
entitled "PLAT SHOWTNC, A PORTION OF SILVERLEAF DRIVE
(FO10fr.RLY HOLLANI) ROAD RELOCATED) TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA KEMPSVIILE BOROUGH -
VIRCINIA BEACH, VIRGINIA."
GLTY, CROMIEI.I,, BETZ & LUSTIC, P.C.
By
R. Edward Bourdon, Jr.
REBir/ssp
May 13, 1985
AN ORDINANCE CLOSING, "CATING, AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS SILVERLEAF
DRIVE, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED 'PLAT SHOWING A PORTION OF
.SILVERLEAF DRIVE (FORMERLY HOLLAND
ROAD RELOCATED) TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA,', WHICH PLAT IS AVAILABLE
FOR REVIEW IN THE OFFICE OF THE CITY
ATTORNEY, MUNICIPAL CENTER, VIRGINIA
BEACH, VIRGINIA
WHEREAS, it appearing that the City has advertised this
proposed street closure by advertising the same in the Virginia
Beach Sun News, on and ; and
WHEREAS, it is the judgment of the Council and Viewers
that closure and discontinuance of the below-described street
will not result in any public inconvenience, upon the completion
by the applicant of the conditions imposed by City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the hereinafter described street be
discontinued, closed, and vacated, which portion is more
particularly described as follows:
That certain portion of Silverleaf
Drive beginning at a point 348.36'
distance from the intersection of
Silverleaf Drive and Independence
Boulevard and from said point of
beginning continuing along an arc
with a radius of 307.04 feet, a
distance of 184.81 feet to a point,
thence along an arc with a radius of
137 feet, a distance of 37.33 feet
to a point, thence along an arc with
a radius of 1,080 feet, a distance
of 137.89 feet to a point, thence
S 46'01154" East, a distance of
319.80 feet to a point, thence
continuing along an arc witha radius
of 1,000 feet, a distance of 549.50
feet in a westerly direction to the
point of beginning as shown on that
certain plat entitled 'PLAT SHOWING
A PORTION OF SILVERLEAF DRIVE
(FORMERLY HOLLAND ROAD RELOCATED) TO
BE CLOSED FOR TERRY CORPORATION OF
VIRGINIA KEMPSVILLE BOROUGH -
VIRGINIA BEACH, VIRGINIA.-
2 That a certified copy of this Ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
indexed in the name of the City of Virginia Beach, Virginia, as
grantor.
3. This Ordinance shall become effective sixty (60)
days from the date of its' adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1985.
RJN/da
2/27/85
(23)
APPROVED: May 13, 1985
May 13, 1985
- 14 -
Item II-I.2
PLANNING ITEM # 23601
Louis Lucente, President of Terry Corporation, was in attendance representing
the applicant, but did not speak
Upon motion by CouncilmaD McCoy, seconded by Councilwoman Oberndarf, CitY
Council APPROVED an ordinance closing, vacating, and discontinuing a portion
of OLD PRINCESS ANNE ROAD in the petition of the CITY OF VIRGINIA BEACH.
Application of the City of Virginia Beach for the
discontinuance, closure and abaudonment of a portion
of Old Princess Anne Road beginning on the north side
of Timberlake Drive and running in a northwesterly
direction a distaiice of 474 feet. Said parcel con-
tains 17,947 square feet. Plats with more detailed
information are available in the Department of Planning.
KEMPSVILLE BOROUGH.
This closure shall be subject to the following conditions:
1. Resubdivision of the property to incorporate
the closed area into adjoining parcels.
2. The closure of this right-of-way shall be
contingent upon compliance with the above
stated condition within 180 days of the
approval by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jen@,ings, 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:
Nancy A. Creech May 13, 1985
-14a
(illY, CROMWITLL, IIJETZ & I,IISTIC4, P.
ATTON.gy. @ND COIIW.EWR. AT L-
D. G.@ P...-.
L.-. A"@
B. C----, J-
vmol.-
B-. R. S-.., J. -
D. H--. Mareli 25, 1985
T...- S. C.....
1, R. Edward Bourdon, Jr., attorney for Terry Corporation of
Virginia, do hereby certify that:
1. I am an attorney at law and represent Terry Corporation of
Virginia.
2. Tbat based upon my examination of title, it is my opinion
that if the portion of street sought to be closed is discontinued, closed
and vacated by the Cotincil of the City of Virginia Beach, Virginia, then
title to said street will vest in Terry Croporation of Virginia and Robert
E. Hughes, Jr. and Marilyn S. Hughes, husband and wife, the adjacent land-
owners.
3. Tlie portion of street to be closed, referred to herein, is
described as follows:
That certain portion of Princess Anne Road beginning
at a point 28.10 feet from the easternmost corner of Lot
32 in the Subdivision of Dunbarton - Section One,
recorded in Map Book 92, at Page 44, and from said point
of beginning N 15058'33" West, a distance of 100.50
feet to a point, thence S 21"41'12" East, a distance of
374.13 feet to a point, thence S 42043'09" East, a
distance of 115.76 feet to a point, thence S 21"41'12"
East, a distance of 366.09 feet to a point, thence WeSt
along the northern right of way line of Green Meadows
Drive a distance of 51.55 feet to the point of begin-
ning as shown on that certain plat entitled "PLAT
SHOWItiC A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED
FOR TERRY CORPORATION OF VTRGINIA KE@FPSVILLE BOROUGH -
VIRGINIA BEACH, \'IRGII,'IA."
GUY, CRO@V.,IELL, BETZ & LUSTIG, P.C.
By
R. Edward Bourdon, Jr.
REBjr/ssp
May 13, 1985
AN ORDINANCE CLOSING, "CATING, AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS PRINCESS
ANNE ROAD, AS SHOWN ON THAT CERTAIN
PLAT ENTITLED 'PLAT SHOWING A PORTION
OF PRINCESS ANNE ROAD TO BE CLOSED
FOR TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA,' WHICH PLAT IS AVAILABLE
FOR REVIEW IN THE OFFICE OF THE CITY
ATTORNEY, MUNICIPAL CENTER, VIRGINIA
BEACH, VIRGINIA
WHEREAS, it appearing that the City has notified the
public of this proposed street closure by advertising the same in
the Virginia Beach Sun News, on and
and
WHEREAS, it is the judgment of the Council and the
Viewers that closure and discontinuance of the below-described
street will not result in any public inconvenience upon the
completion by the applicant of the conditions imposed by Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That pursuant to Section 15.1-364, Code of Virginia,
1950, as amended, the hereinafter described street be
discontinued, closed, and vacated, which portion is more
particularly described as follows:
That certain portion of Princess
Anne Road beginning at a point 28.10
feet from the easternmost corner of
Lot 32 in the Subdivision of
Dunbarton - Section one, recorded in
Map Book 92, at Page 44, and from
said point of beginning N 15*58'33"
west, a distance of 100.50 feet to a
point, thence S 21'411121 East, a
distance of 374.13 feet to a point,
thence S 42*43109' East, a distance
of 115.76 feet to a point, thence S
21'411121 East, a distance of
366.091 feet to a point, thence West
along the northern right of way line
of Green Meadows Drive a distance of
51.55 feet to the point of beginning
as shown on that certain plat
entitled "PLAT SHOWING A PORTION OF
PRINCESS ANNE ROAD TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA.'
2. -That a certified copy of this Ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
indexed in the name of the City of Virginia Beach, Virginia, as
grantor.
3. This Ordinance shall become effective sixty (60)
days from the date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1985.
RJN/da
2/17/85
3/4/85
(23)
APPROVED: May 13, 1985
-2-
- 15 -
Item 11-1.3
PLANNING ITEM # 23602
Julius Gostel, Jr., the applicant, represented himself
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council APPROVED the application of COVINGTON-GOSTEL INVESTMENT GROUP,
LTD. for a Variance to Section 4.4(c) of the Subdivision Ordinance
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Covington-Gostel In-
vestment Group, Ltd. Parcel located 150 feet
east of Legare Lane at the northern boundary
of Dalrymple Street. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
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. McCianan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 13, 1985
- 16 -
Item II-I.4
PLANNING ITEM # 23603
Attorney Glenn Croshaw represented the applicant and requested WITHDRAWAL
of the application
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL
PRIDE for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF NATIONAL PRIDE FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
FACILITY
Ordinance upon application of National Pride, for
a Conditional Use Permit for an automobile repair
facility on certain property located at the south-
east corner of South Witchduck Road and Ruritan
Lane on part of Lots A and B, and Lots C and D.
Said parcel contains 37,026 square feet. Plats
with more detailed information are available in
the Department of Planiiing. KEMPSVILLE BOROUGH.
Voting; 9-0
Council Members Voting Aye;
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert C. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
Council Members Abstaining: May 13, 1985
Vice Mayor Reba S. McClanan
1 7
Item II-1.5
PLANNING ITEM 23604
Jan Kottke, Owner and Director of Bellamy Manor Preschool, represented the
applicant
Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City
Council ADOPTED an Ordinance upon application of BELLAMY MANOR PRESCHOOL
BY JANET KOTTKE for a Conditional Use Permit for a preschool allowing
expanding of school from 50 to 120 students as per the following:
ORDINANCE UPON APPLICATION OF BELLAMY MANOR PRE-
SCHOOL BY JANET KOTTKE FOR A CONDITIONAL USE PERMIT
FOR A PRESCHOOL (120 STUDENTS) R0585744
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bellamy Manor Preschool
by Janet Kottke for a Conditional Use Permit for a
preschool (120 students) on the south side of Providence
Road, 550 feet west of Luke Drive. Said parcel is lo-
cated at 4925 Providence Road and contains 4.4 acres.
Plats with more detailed information are available in
the Department of Plaiining. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth day of May, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R. Jones,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Abseiit:
Nancy A. Creech
May 13, 1985
Item II-1.6
PLANNING ITEM 23605
Sam Segar, realtor, represented the applicailt
Jerry Greene, purchaser of the applicant's property, also spoke concerning
the application but did not speak
Upon mation by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of R. LARRY TURNER, PRESIDENT,
RICHMOND VENTURE COMPANY, LTD. for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF R. LARRY TURNER,
PRESIDENT, RICHMOND VENTURE COMPANY, LTD., FOR
A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE
R0585745
BE IT HEREBY ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordiiiance upon application of R. Larry Turiier,
President, Richmond Venture Company, Ltd., for
a Conditional Use Permit for outside storage on
certain property located on the north side of
Iiidian River Road, 260 feet east of Kempsville
Road. Said parcel is located at 5228 Indian
River Road and contaias 5.97 acres. Plats with
More detailed informati.on are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. An 8-foot privacy fence is to be provided along the
property lines adjoining residential development.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth day of May, Nineteen Hundred and Eighty-five.
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:
Nancy A. Creech
May 13, 1985
- 19 -
Item 11-1.7
PLANNING ITEM # 23606
John C. Eggert, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of EDGARDO P. AGUSTIN AND
ESTATE OF DAVID A. BARBER for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICAT10N OF EDGARDO P. AGUSTIN
AND ESTATE OF DAVID A. BARBER, FOR A CONDITIONAL
USE PERMIT FOR A DAY CARE CENTER (for the Hearing
Disabled) R0585746
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Edgardo P. Agustin
and estate of David A. Barber, for a Conditional
Ues Permit for a day care center on certain
property located oii the east side of Salem Road,
360 feet more or less iiorth of Salem Lakes Boule-
vard. Said parcel contaiiis 2 acres. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH
The following condition shall be required:
1. A variable width right-of-way dedication along
the frontage on Salem Road to provide for an
ultiraate 90-foot right-of-way and a proposed
bikeway as required by the Master Street and
Highway Plan and the Virginia Beach Bikeway
Plan. The proposed alignment is o@i file in
the City Engineer's office.
This Ordiiiance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteeiith day of May, Nineteen HuLidred and Eighty-five.
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:
Nancy A. Creech
May 13, 1985
- 20 -
Item 11-1.8
PLANNING ITEM # 23607
Ray Birdsong, represented the Kempsville Manor Civic League, spoke in
opposition and presented a petition containing the names of 160 residents
opposing the application (said petition is hereby made a part of the record)
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of PAUL R. THOMPSON for a
Charige of Zoning as per the following:
ORDINANCE UPON APPLICATION OF PAUL R. THOMPSON FOR
A CHANCE OF ZONING DISTRICT CLASSIFICATION FOR A
CHANGE OF ZONING FROM R-5 To 0-1
Ordinance upon application of Paul R. Thompson for
a Change of Zoning District Classification from R-5
Residential District to 0-1 Office District on cer-
tain property located at the southeast corner of
Princess Anne Road and White Oak Drive. Said par-
cel is located at 505 White Oak Drive and contaias
10,254 square feet. Plats with more detailed in-
formatio@i are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, 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
May 13, 1985
- 21 -
Item 11-1.9
PLANNING ITEM # 23608
Stanley F. Scott, the applicant, represented himself
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of STANLEY F. SCOTT for a
Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF STANLEY F. SCOTT
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-7 TO B-4 Z0585975
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Stanley F. Scott for
a Change of Zoning District Classification from R-7
Residential District to B-4 Resort-Commercial District
at the Northeast corner of 9th Street and Cypress
Avenue on Lots 29, 31, and 33, Block 38, Shadowlawn
Heights. Said parcels contain 9,000 square feet. Plats
with more detailed information are available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth day of May, 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 May 13, 1985
2 2
Item II-I.10
PLANNING ITEM # 23609
Richard L. Grimstead, AIA, Architect, represented the applicant
The City Attorney requested DEFERRAL of the application to allow revision of the
AGREEMENT by the Planning Department, and the City Attorney's Office.
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council DEFERRED for three weeeks until the City Council Meeting of June
3, 1985, an Ordinance upon application of GASTON F. DOUGH, JR., AND JAMES
GALLAGHER for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF GASTON F. DOUGH, JR.,
AND JAMES GALLAGHER FOR A CHANGE OF ZONING FROM
A-1 TO B-4
Ordinance upon application of Gaston F. Dough, Jr.,
and James Gallagher for a Change of Zoning District
Classification from A-1 Apartment District to B-4
Resort-Commercial District on Lots 11, 13, and 15,
Block 20, Virginia Beach Development Co. Said parcels
are located at 311, 313, and 315 15th Street and con-
tain 21,000 square feet. Plats with more detailed
information are available in the Department of Planning.
VIRGINIA BEACH 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 Jenniags, 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
May 13, 1985
- 23 -
Item II-1.11
PLANNING ITEM # 23610
AttorDey Gary Byler represented the applicant and requested the Change of Zoning
from R-8 Residenital District to A-2 Apartment District be AMENDED to A-1.
Bernard Silvergerg, President the Kempsville Garden Civic Association,
spoke in opposition
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of MERRITT CHAUNCY KRAHENBILL,
EXECUTOR, ESTATE OF CHRIS W. KRAHENBILL, for a Change of Zoning as per the
following:
ORDINANCE UPON APPLICAT10N OF MERRIT CHAUNCY KRAHENBILL,
EXECUTOR, ESTATE OF CHRIS W. KRAHENBILL FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8 TO A-2
Ordinance upon application of Merritt Chauncy Krahenbill,
Executor, Estate of Chris W. Krahenbill, for a Change
of Zoning District Classification from R-8 Resi @.tial
District to A-2 Apartment District on certain property
located on the east side of Princes5 Anne Road, 400
feet north of Baxter Road. Said parcel contains 2.38
acres. Plats with more detailed information are available
in the Department of Planning. 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:
May 13, 1985
None
- 24 -
Item II-J.
ORDINANCES ITEM # 23611
William E. Holt, Treasurer of the Council of Civic Organizations, spoke
in opposition to increase in Budget
David Hewes, Presideiit of Princess Anne Lodge #8 Fraternal Order of Police,
spoke concerning the proposed cost of living increase for City Employees
A motion was made by Councilman Jeniiings, seconded by Councilwoman Henley to
decrease the SCHOOL BUDGET by $188,071 for the Fiscal Year 1985-86.
Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Councilwoman Creech, City
Council voted concerning the revisions submitted to the FY 1985-1983 Proposed
Operating Budget (copy of said revisions are hereby made a part of the record)
to the following:
1. The effective date for the City employees
across-the-board increase will be
chaiiged from 4dly-+T-+985 to Septembef-
17-.1995- September 1, 1985 to July 1,1985 - 6647999 + 667,000
Eliminate No. 10.
+O.
+--946T231 + 273,231
(The balailce of $273,231 can be placed in
a surplus undesignated fund.)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Louis R. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
and Me@era E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jeniiings, Jr., and
Robert G. Jones.
Council Members Absent:
None
May 13, 1985
24a
OFFICE OF THE CITY MANA(IER MUNICIPAL CENTER
iw4) 427@ VIRGINIA BEACH. VIRGINIA 23.WOW2
may 9, 1985
The Tionorable Mayor
Members of the Council
Dear Council Members:
At the budget vorkshops and at the first reading of the budget, Council
approved various revisions to the PY 1985-1986 Proposed Operating Budget. In
total these revisions reduced the budget by $2,680,326 to the amount of
$385,129,077.. Below I have summarized those revisions:
Proposed FY 1985-1986 Appropriations $ 387,809,403
1. The effective da te for the City employees
across-ttie-board salary increase will be
changed from Jitly 1, 11,95 to September
1. 1985. - 667,000
2. The salary increase for "classified" School
'3oard employees will change from a 7.5%
across-the-board and a one step merit to
a 5% across-the-board and a two step merit. - 200,000
3. The contribution to the Committee for Inter-
goverrtmental Tax Equity will be eliminated. - 5,000
4. The fund ing for the 'Accelerated Highway
Construction PY 1985-1986 Capital Rudget"
will not be included in the budget. - 3,000,000
5. The City will contribute funds for the
construction of the Veterans Memorial. + 25,000
6. The conttibution to the Fndependence renter
will be increased from $29,105 to $33,848. + 4,743
7. A contribution will be provided to the
Volunteers of America agency to reimburse
them for FY 1985-1986 real estate t--Nes
due to the City. + 5,500
KAR/2 IYTTER17-1
May 13, 1985
24b -
-2-
Letter to Members of Council may 9, 1985
8. A contribution to the YWCA's Women-in-Crisis
program will be added to the budget. + 16,200
9. Funding for the engineering of the Burton
Station capital project will be included in
the budget. + 200,000
10. A reserve will be added for the potential
increase in employee health insurance
benefits. + 940,231
Council Recommended FY 1985-1986 Appropriations $385 129 077
Proposed FY 1985-1986 Estimated Revenues $ 387,809,403
1. Funding from the Undesignated General Fund
Balance will not be used to support the budget. - 2,680,326
Council Recommended FY 1985-1986 Estimated Revenue $ 385,129,077
Council also recommended a $1,500,000 challenge grant for the construction
of the Virginia Beach Arts Center. However, this grant will not be included in
the operating budget, but instead will be considered at a later date.
I wish to express to Council my appreciation for the time and effort you
have contributed towards the review of the budget.
Sincerely yours,
ec
City Manager
THM/WCK/kar
KAR/2 LETTER17-2
May 13, 1985
- 25 -
item II-J-1a.
ORDINANCES: ITEM # 23612
Upon motion by Counciman Louis Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED the following ordinance, as further AMENDED:
ORDINANCE, ON SECOND READING, MAKING APPROPRIATIONS FOR
THE FISCAL YEAR BEGINNING JULY 1, 1985, AND ENDING JUNE
30, 1986, IN THE SUM OF THREE-HUNBRED-EIGHTY-SEVEN-Mihl,+9N
E+614T-HUNDRED-NINE-T-14GUSANE)T-FOUR-HUNDRED-THREE-DOLEARS-
($494TS09T493) THREE HUNDRED EIGHTY-FIVE MILLION, ONE
HUNDRED TWENTY-NINE THOUSAND, SEVENTY-SEVEN DOLLARS
($385,129,077) FOR OPERATIONS AND GNE-HUNDRED-fWENTY-
ONE HUNDRED
TWENTY-TWO MILLION, FIVE HUNDRED SIXTY-SIX THOUSAND
ONE HUNDRED NINETY-FIVE DOLLARS ($122,566,195) IN
INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY
OU-T OF THE CITY TREASURY, AS AMENDED.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Louis R. Jone6, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
and Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley, H. Jack Jennings, Jr., and
Robert C. Jones.
Council Members Absent:
None
May 13, 1985
-25a
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1985 AND ENDING JUNE 30,
1986, IN THE SUM OF THREE HUNDRED EIGHTY-FIVE
MILLION, ONE HUNDRED TWENTY-NINE THOUSAND, SEVENTY-
SEVEN DOLLARS ($385,129,077) FOR OPERATIONS AND
ONE HUNDRED TWENTY-TWO MILLION, FIVE HUNDRED
SIXTY-SIX THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS
($122,566,195) IN INTERFUND TRANSFERS AND REGULATING
THE PAYMENT OF MNEY OUT OF THE CITY TREASURY,
AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Annual
Budget for the City for the fiscal year beginning July 1, 1985, and ending
June 30, 1986, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating FIVE HUNDRED SEVEN
MILLION, SIX HUNDRED NINETY-FIVE THOUSAND, TWO HUNDRED SEVENTY-TWO DOLLARS
($507,695,272) consisting of ONE HUNDRED TWENTY-TWO NLLLION, FIVE HUNDRED SIXTY-
SIX THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS ($122,566,195) in interfund trans-
fers and THREE HUNDRED EIGHTY-FIVE MILLION, ONE HUNDRED TWENTY-NINE THOUSAND,
SEVENTY-SEVEN DOLLARS ($385,129,077) for operations or so much thereof as may be
necessary as set forth in the Annual Budget for the fiscal year 1985-86, are
hereby appropriated subject to the conditions hereafter set forth, for the year
1985-86, for the use of the several departments and specially designated funds of
the City Government, and for the purposes hereafter mentioned, as set forth in
said Annual Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 1985 and ending June 30, 1986 as follows:
Budget
Item of Expenditures 1985-1986
GENERAL FUND:
Legislative Department:
Municipal Council $ 298,467
City Clerk 204,010
Total $ 502,477
Executive Department:
City Manager $ 595,497
Public Information Office 268,813
Cable TV 269,312
Public Information Office - Operations 102,013
Total $ 1,235,635
-1-
May 13, 1985
Budget
Item of Expenditures 1985-1986
GENERAL FUND:
Law Department:
City Attorney $ 1,179,524
Finance Department.
Commissioner of the Revenue $ 1,640,646
Board of Equalization 12,770
City Real Estate Assessor 995,569
Treasurer 1,954,685
Director of Finance:
Administration 273,279
Accounting 985,076
Payroll 184,357
Business License Audit 269,755
Independent Auditing 63,000
Purchasing 400,836
Total $ 6,779,973
PERSONNEL DEPARTMENT:
Administration $ 167,966
Employee Relations 190,690
Testing and Selection 227,709
Wage and Salary 224,565
Training 88,100
Total $ 899,030
Judicial Department:
Circuit Court $ 158,266
General District Court 41,839
Juvenile and Domestic Relations District Court 26,310
Public Defender 10,000
Commonwealth's Attorney 1,227,476
Commonwealth's Attorney - Social Services Fraud 59,199
Consumer Protection 130,007
Sheriff's Office 604,482
Correctional Operations:
Court Support Services 398,370
Treatment 772,785
Custodial 2,421,498
Clerk of the Circuit Court 328,144
Magistrates 15,044
Juvenile Probation:
Management and Support 554,393
Intake Unit 296,710
Diversion Unit 187,239
Field Units 660,522
Total $ 7,892,284
Health Department:
Preventive Medicine $ 1,473,300
Occupational Health 270,693
Total $ 1,743,993
Social Services Department:
Director of Social Services $ 5,976,959
Public Assistance 1,692,500
Hospitalization 656,300
Total $ 8,325,759
-2-
Budget
Item of Expenditures 1985-1986.
Police Department:
Adminiatration:
Police Chief's Staff $ 1,107,206
Planning and Analysis 289,626
Personnel and Training 448,867
Services 2,041,970
Uniform Division:
Auxiliary Police 44,983
Patrol and Administrative Support 10,294,823
S.P.O.T. 3,273.955
Communications Division 2,169,543
Investigative Division 3,127,877
Animal Control 823,393
Medical Examiner 8,000
Total 23,630,243
Public Works Department:
Administration:
Director's office $ 193,322
Real Estate Office 335,996
Business Office 186,960
Highway Division:
Administration 650,502
Inspections 987,218
Street Maintenance 5,090,858
Drainage Maintenance 1,632,274
Bridge Maintenance 1,485,617
Engineering Division:
Administration 267,593
Plan Review 376,117
Surveying 610,922
Mapping 1,646,947
Drafting 257,160
Waterfront operations/Inspections 180,058
Special Projects 262,425
Building Construction 408,990
Traffic Engineering Division:
Design and Administration 3,679,926
operations 2,089,596
Solid Waste Division:
Solid Waste Administration 181,043
Refuse Disposal 1,432,505
Refuse Collection 8,246,710
Sanitation inspections 241,814
Solid Waste Transfer Station 520,370
Back Bay Salt Water Project 79,916
Total $ 31,044,839
Parks and Recreation:
Director of Parks and Recreation $ 341,876
Parks and Maintenance;
Administration 173,276
Construction and Maintenance 2,658,454
Parks and Beaches 1,038,023
Golf Courses:
Red Wing Golf Course 515,944
Bow Creek Golf Course 383,352
owl Creek Munici@al Tennis Center 21,481
Boardwalk Trains 18,351
Recreation:
Virginia Beach Recreation Center (Kempaville) 930,681
Bow Creek Recreation Center 265,657
Administration 388,356
Adult Activities 381,320
-3-
Budget
Item of Expenditures 1985-1986.
Parks and Recreation: (concluded)
Recreation: (concluded)
Youth Activities $ 689,980
Athletics 359,363
Shakespeare Festival Program 22,350
Therapeutic Program 281,485
Parks and Recreation Programs - Self-Supporting 29,600
Total 8,499,549
Library Depart'lent:
ni.
tr.ti.n.
Admi
Administration $ 265,124
Programming and Community Services 50,140
Public Services:
Great Neck Area Library 219,318
Bayside Area Library 231,150
Oceanfront Area Library 206,035
Kempsville Area Library 242,583
Windsor Woods Area Library 234,339
Information Services 491,744
Extension Services 360,784
Special Services 158,913
Collection Management and Automated Services:
Technical Services 434,710
Automated Services 162,139
Collection Development 568,070
Information Services:
Municipal Reference 120,658
Total $ 3,745,707
Planning Department:
Management and Support $ 407,552
Comprehensive Planning 361,079
Operations 411,336
Total $ 1,179,967
Agriculture Department:
Administration $ 139,884
VPI Extension Services 226,368
Farmers' Produce Market 134,388
Environmental Services 64,915
Total $ 565,555
Department of Economic Development:
Director of Economic Development $ 205,242
Civic Center 76,460
Tourist Development 2,020,068
Industrial Development 527,498
Convention Promotion 411,837
Pavilion 1,102,595
Parking Lots 17,665.
Total $ 4,361,365
Department of General Services:
Administration:
Director of General Services $ 158,058
Employee Safety 92,880
Building Maintenance:
Management and Support 3,212,864
Electrical 396,800
Heat and Air Conditioning 587,564
General Maintenance 1,595,823
Custodial 1,747,545
-4-
Budget
Item of Expenditures 1985-1986
Department of General Services: (concluded)
Landscape Division:
Superintendent of Landscape Services $ 303,618
Grounds Maintenance 1,711,579
Beautification 1,238,522
Clean Community 36,243
Beach Maintenance 290,791
Street Cleaning 234,352
Mail Distribution 179,880
Total $ 11,786,519
Boards and Commissions:
General Registrar $ 370,787
Resort Area Advisory Commission 543,738
Mosquito Control-Kempsville/Bayside 522,371
Hosquito Control-Princess Anne 381,098
Mosquito Control-Virginia Beach/Lynnhaven 494,103
Zoning Board of Appeals 14,656
Arts and Humanities Commission 299,409
Mass Transit Operations 720,000
Wetlands Board of Virginia Beach 14,622
Department Volunteer Council 36,036
Erosion Commission 1,768,931
Total $ 5,165,751
Non-Departmental:
Contributions $ 769,792
Employee Training and Special Benefits 415,989
Total $ 1,185,781
Fire Department:
Administration $ 404,883
Fire Prevention 961,444
Fire Suppression 10,416,316
Training 379,589
Forestry 10,790
Total $ 12,173,022
Department of Data Processing:
Administration $ 299,749
Systems and Programming 1,168,746
Computer Operations 1,945,209
Central Files 286,937
Total $ 3,700,641
Department of Permits and Inspections:
Administration $ 488,778
Housing Code Enforcement 227,588
Building Inspections 787,543
Zoning Code Enforcement 299,460
Weights and Measures 97,356
Total $ 1,900,725
Department of Mental Health:
Board Office $ 246,979
Comprehensive Mental Health:
Program Clinical Support 273,728
Geriatric Services 111,047
outpatient Services 377,782
Community Rehabilitation 608,677
Emergency Services 395,626
Child and Youth Services 437,442
-5-
Budget
item of Expenditures 1985-1986
Department of Mental Health: (concluded)
Mental Retardation/Developmental Disabilities:
Program Support $ 234,622
Residential Services 182,142
Adult Services 299,036
Transportation Program 80,672
Respite Care Program 74,198
Infant Stimulation Program 85,495
Substance Abuse Services 868,284
Alcohol Safety Action Program 243,911
Alcohol Detoxification 264_2@7
Total $ 4,783,908
Offices;
Information System Coordination Office 75,211
Office of Emergency Services 237,756
Office of Emeriency Medical Services 743,375
Virginia Museum of Marine Sciences 784,113
office of Research and Strategic Analysis 271,086
Office of Budget and Evaluation 458,477
Total $ 2,570,018
Transfers to Other Funds: $ 118,588,367
Reserve for Contin encies:
,g
Regular $ 773,231
Salary 5,650,000
Microcomputers 500,000
Total $ 6,923,231
TOTAL RENERAL FUND $ 270,363,863
WATER AND SEWER FUND:
Department of Public Utilities:
Director's Office $ 253,342
Engineering 2,272,651
Water Production/Resources 7,935,758
Operations Administration 792,673
Water Distribution 2,098,223
Water Production 1,429,747
Sewer Collection 1,803,724
Sewer Pump Stations 2,566,117
Customer Services 3,495,248
Total $ 22,647,483
Revenue Bond Debt Service: $ 9,896,326
Transfer to Other Funds: $ 3,977,828
Reserve for Contingencies:
Regular $ 678,113
Salary 312,305
Total $ 990,418
TOTAL WATER AND SEWER FUND $ 37,512,055
-6-
Budget
item of Expenditures 1985-1986
SCHOOL OPERATING FUND:
Department of Education:
Administration $ 1,611,243
Research, Planning and Development 405,883
Instruction 88,643,551
Other instructional Costs 11,134,215
Attendance and Health 2,221,623
Pupil Transportation 5,863,368
Operation of School Plant 11,044,324
Maintenance of School Plant 5,939,771
Fixed Charges 30,222,875
Summer School 421,204
General Adult Education 355,630
Basic Adult Education 251,340
Vocational Adult Education 313,672
Capital Outlay 3,080,184
TOTAL EDUCATION $ 161,508,883
LAW LIBRARY FUND:
Library Department:
Law Library $ 91,118
Reserve for Contingencies:
Salary $ 2,651
TOTAL LAW LIBRARY FUND $ 93,769
GENERAL DEBT FUND:
Debt Service $ 33,561,852
PENDLETON CHILD SERVICE CFNTER FUND:
Judicial Department:
Pendleton Child Service Center $ 584,905
Reserve for Contingencies:
Salary $ 23,204
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 608,109
TIDEWATER VIRGINIA ASAP FUND:
Department of Mental Health:
Tidewater Virginia ASAP $ 1,168,421
Reserve for Contingencies:
Salary $ 32,181
TOTAL TIDEWATER VIRGINIA ASAP FUND $ 1,200,602
COMMUNITY DEVELOPMENT FUND:
Execu
Community Development Administration $ 381,203
Rehabilitation Administration 169,296
Total $ 550,499
-7-
Budget
item of Expenditures 1985-1986.
Reserve for Contingencies:
Salary $ 19,000
TOTAL COMMUNITY DEVELOPMENT FUND $ 569,499
SCHOOL CAPITAL PROJECTS FUND:
Department of Education:
School Construction $ 1,104,000
ENGINEERING AND HIGHWAYS CAPITAL PROJECTS FUND:
Public Works Department:
Highway Construction $ 910,640
WATER AND SEWER CAPITAL PROJECTS FUND:
Department of Public Utilities:
Water Construction $ 73,000
Sewer Construction 189,000
TOTAL WATER AND SEWER CAPITAL PROJECTS FUND $ 262,000
TOTAL BUDGET $ 507,695,272
Less: Interfund Transfer 122,566,195
NET BUDGET $ 385,129,077
Section 2. Subject to the provisions of Chaper 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of permanent positions, shall be the maximum number of positions
authorized for the various departments of the City during said fiscal year except
changes or additions authorized by the Council and as hereinafter provided. The
City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not ex-
ceed the respective appropriations made therefor. The City Manager is authorized
to make such rearrangements of positions within and between bureaus, divisions,
and departments named herein, as may best meet the uses and interests of the
City.
Section 3. All collections of delinquent City taxes shall be credited to
the General Fund of the City by the Treasurer.
-8-
Section 4. All collections of local taxes levied shall be credited to the
General Fund of the City. Transfers shall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section 5. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1986, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1986.
Section 6. No department or agency for which appropriations are made under
the provisions of this Ordinance shall exceed the amount of the appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each budget unit
included in this Ordinance.
The City Manager or the Assistant City Manager for Analysis and Evaluation
is hereby authorized to approve transfers for appropriations within any depart-
ment or between departments in an amount not to exceed $10,000 in any single
transaction, and is further authorized to approve transfers and expenditures from
the Reserve for Contingencies in an amount not to exceed $10,000 in any single
transaction except as herein provided. The City Manager may limit expenditures
to the classes of appropriations as set forth in the budget document or as
required by the State Auditor of Public Accounts if such requirements are dif-
ferent from the classes shovn in the budget document. in addition, the City
Manager may transfer appropriations from Reserve for Contingencies, in amounts
necessary, for across-the-board salary increases approved by City Council and
for microcomputers from the microco
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this ordinance for the payment
of interest or bonds on the bonded debt of the City Goverrunent or the former
political subdivisions of Virginia Beach and Princess Anne County.
-9-
Section 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the City departments, bureaus or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty and one-half cents (20.5cts) per mile of actual tra-
vel for the first 15,000 miles and eleven cents (110) per mile for additional
miles of such use within the fiscal year.
Section 9. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-sum"
amounts, including payments to employees of the School Board.
Section 10. That this Ordinance shall be in effect from and after the date
of its adoption.
Section 11. ;hat if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
First Reading: May 6, 1985
Second Reading: May 13, 1985
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13
day of May 1985.
-10- May 13, 1985
- 26 -
Item 11-J.lb
ORDINANCES ITEM # 23613
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance, on SECOND READING, establishing the tax levy of REAL
ESTATE for Tax Fiscal Year 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, 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
May 13, 1985
- 26a -
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1986
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. A14OUNT OF LEVY ON RFAL ESTATE-
There shall be levied and collected for fiscal year 1986 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, a rate of eighty cents ($.80) on each one hundred dollars
($100) of assessed valuation thereof. The real property tax rates which have
been prescribed in this section Bhall be applied on the basis of one hundred per-
centum of the fair market value of such real property except for public service
real property which shall be on the basis as provided in Section ;g 512 1
58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO-
VIDED FOR IN SECTION 58.1-2604 OF THE CODE OF VIRGINIA (1950), As
AMENDED.
There shall be levied and collected for general purposes for fiscal year 1986
taxes on all Public Service Real Property, which has not been equalized as pro-
vided for in Section 68 512 1 58.1-2604, of the Code of Virginia (1950), as
amended, on each one hundred dollars ($100) of assessed valuation thereof at a
rate to be determined in accordance with Section 58 514 2 58.1-2606 of the Code
of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON -CERTIFIED POLLUTION OONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal year
1986 taxes on all real estate certified by the Commonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate
of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The real property tax rates imposed in this section shall be applied on
the basis of one hundred percentum of fair market value of such real property.
-1-
26b -
Section 4. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 5. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading: May 6, 1985
Second Reading: May 13, 1985
1 Adopted by the Council of the City of Virginia Beach, Virginia, on thel3
day of May 1985.
May 13, 1985
-2-
2 7
Item II-J.1c.
ORDINANCES ITEM 23614
Uon motion by Councilwoman Oberndorf, seconded by Councilman Feiitress, City
Council ADOPTED an Ordinance, on SECOND READING, establishing the tax levy
on PERSONAL PROPERTY and MACHINERY AND TOOLS for the Calendar Year 1986.
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
May 13, 1985
- 27a -
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR TRE CALENDAR YEAR 1986.
BE IT ORDAINED BY THE OOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF IEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1986 calen-
dar year taxes on all tangible personal property, not exempt from taxation and
not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The rate imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such personal property.
Section 2. AMOUNT OF IZVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO-
PERTY USED AS MOBILE HOMES OR OFFICES.
There shall be levied and collected for general purposes for the calendar
year 1986 taxes on all vehicles without motor power as defined in Section 36-71
of the Code of Virginia (1950), as amended, used or designated to be used as
mobile homes or offices or for other means of habitation by any person, a rate of
eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The personal property rates which have been prescribed in this section
shall be applied on the basis of one hundred percentum of the fair market value
of sucb personal property.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on all boats or watercraft under five tons burthen used for busi-
ness or pleasure, at the rate of six dollars ($6) on each one hundred dollars
($100) of assessed valuation thereof. The rate imposed by this section shall be
on the basis of fifty percentum (50%) of the fair market value of such personal
property.
-1-
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on all tangible personal property certified by the Commonwealth of
Virginia as "Pollution Control Equipment and Facilities" not exempt from taxa-
tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof. The rate imposed by this section shall be applied on
the basis of fifty percentum (50%) of the fair market value of such personal
property.
Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLE14ENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1986 cale@
dar year, taxes on all farm machinery and Implements, farm tools, and farm live-
stock, including all horses, poultry, and grains and feeds used for the nurture
of farm livestock and poultry, not exempt from taxation, at the rate of one
dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
The rate imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such personal property.
Section 6. AMOUNT OF IEVY ON MACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on machinery and tools, not exempt from taxation, at the rate of
one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
The tax imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair ibarket value of such machinery and tools.
Section 7. AMOUNT OF LEVY ON AIRCRAFT.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all aircraft defined in Section SSg 829 i 58.1-3506 of the Code
of Virginia (1950), as amended, at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The tax imposed by this
section shall be applied on the basis of fifty percentum (50%) of the fair market
value of such aircraft.
-2-
Section 8. AMOUNT OF IEVY ON ANTIQUE AJJTOMOBILES-
There shall be levied and collected for the calendar year 1986 for geueral
purpose taxes on a@l antique automobiles defined in Section 46.1-1 of the Code of
Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The tax imposed by this section
shall be applied on the basis of fifty percentum (50%) of the fair market value
of such antique automobiles.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all heavy construction machinery as defined in Section 99 929 a
58.1-3506 of the Code of Virginia (1950), as amended, at the rate of six dollars
($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax
imposed by this section shall be applied on the basis of fifty percentum (50%) of
the fair market value of such heavy construction equipment.
Section 10. AMOUNT OF IZVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE-
PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all Research and Development Business tangible personal pro-
perty, not exempt from taxation, at the rate of one dollar ($I) on each one hun-
dred dollars ($100) of assessed valuation thereof. The tax imposed by this sec-
tion shall be applied on the basis of fifty percentum (50%) of the fair market
value of such Research and Development Business tangible personal property.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all energy conversion equipment defined in Section is 931 01
58.1-3506 of the Code of Virginia (1950), as amended, at the rate of one dollar
($l) on each one hundred ($100) of assessed valuation thereof. The.tax imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such energy conversion equipment.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all computer hardware used by businesses primarily engaged in
-3-
providing data processing service to other nonrelated or nonaffiliated busi-
nesses, not exempt from taxation, at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The tax imposed by this
section shall be applied on the basis of fifty percentum (50%) of the value of
such computer hardware to be determined as specified in Section 58 829 9
58.1-3506 of the Code of Virginia, as -ended.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT
USED FOR RECREATIONAL PURPOSES ONLY.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all privately owned pleasure boats and watercraft used for
recreational purposes only, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The rate imposed by this section
shall be on the basis of fifty percentum (50%) of the fair market value of such
personal prope@.
Section 14 14. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section @ 15. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1986.
First Reading: May 6, 1985
Second Reading: May 13, 1985
Adopted by the Council of the City of Virginia Beach, Virginia on the 13
day of May 1985.
-4-
- 28 -
Item II-J.I.d
ORDINANCES ITEM # 23615
Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City
Council ADOPTED, on SECOND READING, ai) Ordinance to amend and reordain
Section 35-181 and add Section 35-183.1 to Chapter 35, Article VIII of
the Code of the City of Virginia Beach, Virginia, pertaining to ADMISSIONS
TAX.
*This Ordinance was ADOPTED in error on May 6, 1985. The Ordinance should
have stated: "APPROVED, on FIRS'L READING".
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members AbseLit:
None
May 13, 1985
28a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-181 AND ADD SECTION
35-183.1 TO CHAPTER 35 ARTICLE VIII
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
ADMISSIONS TAX
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT SECTION 35-181 IS HEREBY AMENDED
AND REORDAINED AND SECTION 35-183.1 IS HEREBY ADDED AS
FOLLOWS:
Section 35-181. Definitions.
The following words and phrases, when used in this
article, shall, for the purposes of this article, have the
meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Admission charge. "Admission charge" means the charge
made for admission to any amusement or entertainment, exclusive
of any federal tax thereon, including a charge made for season
tickets, to all clubs and organizations for amusement and
entertainment.
City treasurer. 'City treasurer' means the treasurer
of the city and any of his duly authorized deputies and agents.
Comissioner of revenue. *Commissioner of revenue"
means the commissioner of revenue of the city and any of his duly
authorized deputies and agents.
Place of amusement or entertairanent. "Place of
amusement or entertainment" means any place in the city
wherein or whereat any of the following, or amusements or
entertainments similar to the following, are located, conducted,
performed, exhibited and operated: Circuses, carnivals,
menageries, amusement parks, moving-picture shows, fairs, shows
and exhibitions of all kinds; dances; basketball, football,
wrestling, boxing and sports of all kinds; swimming pools,
bowling alleys, roller rinks, golf courses, miniature golf
eaurses, charter boats, drift boats, party boats solely operated
within the corporate limits and within one mile into the adjacent
May 13, 1985
- 28b -
waters, and other such things of a similar nature; concerts,
theatrical, vaudeville, dramatic, operatic and musical
performances and performances similar thereto; lectures, talks,
literary readings, and performances similar thereto; such
attractions as merry-go-rounds, Ferris wheels, roller coasters,
leap-the-dips and the like, and all other public amusements,
performances and exhibitions not specifically named herein; and
any roof garden, cabaret or other similar place furnishing a
public performance for profit, which shall include any room in
any hotel, restaurant, hall or other public place where music and
dancing privileges or any other entertainment is offered the
patron in connection with the serving or selling of food,
refreshments or merchandise. A performance shall be regarded as
being furnished for profit for purposes of this article even
though the charge made for admission, refreshment service or
merchandise is not increased by reason of the furnishing of such
performance.
Special tax auditor. "Special tax auditor" means the
special tax auditor of the city and any of his duly authorized
deputies and agents.
Section 35-183.1. Exception for certain participatory s]Eorts.
Notwithstandin other section of this article,
there shall be no tax payable on charges made for participating
in the following participatory sports:- golf cours s, tennis,
bowling, swimming, and roller skating. However, admission
charges for observing these sports shall be subject to the tax.
Adopted by the City Council of the City of Virginia
Beach, Virginia on the 13 day of May 1985.
FIRST READING: May 6, 1985 AS TO Cn%-T,,
SECOND READING: May 13, 1985
SIGNATUlt
MES/re
4/25/85
(ORD I) APPIICVC-ii .111, -.3 i!oILM
CITY ATTORNEY
- 29 -
Item II-J.2.
ORDINANCES ITEM # 23616
Upoii motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, CitY
Council APPROVED an Ordinance, on FIRST READING, to amend aDd reordain Section
35-115 of the Code of the City of Virginia Beach pertaining to UTILITY TAXES.
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. Oberadorf
Council Members Voting Nay:
Notie
Council Members Absent;
None
May 13, 1985
29a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-115 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO UTILITY TAXES
BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT SECTION 35-115 OF THE CODE OF THE CITY OF VIRGINIA
BEACH IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Sec. 35-115. Levied; amount; exclusions.
(a) For each year, beginning January first and ending December
thirty-first of each such year, unless otherwise changed by the council,
there is hereby imposed and levied by the city, upon each residential
purchaser of a utility service, a tax in the amount of twenty (20)
percent of the charge, exclusive of any federal tax thereon, made
by the seller against the purchaser with respect to each utility ser-
vice. -a R d. i @ a dd i-4:6o w -t he r-e -i s- 6e i-e Ii y- *a p-o s e-d & ng @e v4 e 4- - by -t he
of-Lh& @arg-e, wxc-ept-as-
o,t.kocw.i@ @EKn- pco-vi-d@,d-I -e)bclc@ve-o4-awy-f--dLPel- tax-t-hei-e@@ @@
@ .4@ p.*r""Qr wt" awst@t-40-eachwt4.1@t@ "@@e-
W,i,rh-r-es-pert-to the -commemi-al- p-mr@as-ers-of @e4epYm@s-er-ri@-,- L-he-
t,a,x-e4el.l -be @w-ei4ty- (2N -parc.Qnt.@@sic -c@@s-.f4Dr. Iocal-exrhang4o
&eLeph"e-@r-miGe, and-ail@@Qc@Qrvices. liro*i@4 @n-coRnec4"n.@ith
"al. &Kcka.Rge te@pAo4*eseovi-ce. &hali, 6@ ra&edat "r.44).PQ@ept-
.4@@ (1) There is excluded from the tax imposed and levied by
this section so much of the charge, exclusive of any federal tax thereon,
made by the seller against the purchaser for gas, electricity or water
service as is, for each such service, in excess of twelve dollars
($12.00) for any single-family unit for any month or part of a month. Where
more than one single-family unit is served by one meter, in computing
such maximum of twelve dollars ($12.00), the same shall be multiplied
by the number of single-family units served by such meter.
May 13, 1985
- 29b -
4-d 2) There is excluded from the tax imposed and levied by
this section so much of the charge, exclusive of any federal tax thereon,
made by the seller against the purchaser for residential telephone
service as is in excess of twelve dollars ($12.00) for any month or
part of a month.
@ -Tke-tac-6ape-s@.d-boi-t4lio-eoct-c@sM41. -not-be-a-pp-l@d to-a.Ry-
@r-t@m-ok .0 moot@l?.c4pafge-fec &@ gt@l-w
.or- in4uatwiwA -pur@@eT-the@ &xoQe@-f.&u-P -hu@d-d&ll."ra -+$4,044..@O-).
@-cke@r-roges. tke-wQxdc-"@mme-mo4al. Qr-indiur-t-g@l,
4io4, be &@nQtNc64 ro i6no4ude-a-v@ct6aacy- i,& .6h4a Wis4nes-a
&f.weat-&ng- "aptm&n@ -@r@t-ket- "c.4 4weal4ng- Lmi@ -as-te- wti-i@y-s&rv4c-e
f-u@s@d-d4r,-cb4y-t& &n &pa-ptne" &w c+@r-Goc@dwel-4i-mg-uo-i*t prow@e4,
@wQv4w , @hct@u*l"y-soc*ic." -@ @h. pmr-o@@a. &@owgu.
&c@race-@t@s-f@w @iew@g-pool-c,-o*tg4de- @@ti-ng -an4
otUer-aoc@@ *G" @"I .6e@&ema-d &OmmeF*ial @-E @d.As4w+Ql@wpc4asQs,.
(b) For each year, beginning January 1st and ending December 31st
of each such year, unless otherwise changed by the council, there
is hereby imposed and levied by the city, upon each commercial or
industrial purchaser of an electric, gas, or water utility service,
a tax in the amount of fifteen (15) percent of the first $500 of the
monthly charge, and five (5) percent on the amount between $500 and
$1,600 of the monthly charge for any single billing for electric,
gas, or water service, exclusive of any federal tax thereon, made
by the seller against the purchaser with respect to each utility service.
The tax imposed by this section shall not be applied to any portion
of a monthly charge for any single electric, gas, or water utility
service to a commercial or industrial purchaser that exceeds one thousand
six hundred dollars ($1,600.00).
With respect to the commercial purchasers of telephone services,
the tax shall be twenty (20) percent on basic charges for local exchange
May 13, 1985
- 29c -
telephone service, and all other services provided in connection with
local exchange telephone service shall be taxed at four (4) percent.
The tax imposed by this section shall not be applied to any portion
of a monthly charge for any single telephone utility service to a
commercial or industrial purchaser that exceeds four hundred dollars
($400.00) .
(c For the purposes of this section, the words "commercial
or industrial purchaser" shall not be construed to include a purchaser
in the business of renting apartments or other such dwelling units
as to utility service furnished directly to an apartment or other
such dwelling unit; provided, however, that utility services purchased
by such purchaser through separate meters for hallways, swimming pools
outside liphtinp and other accessory uses shall be deemed commercial
or industrial purchases.
This ordinance shall be ef f ective sixty ( 60) days f rom adoption.
Eo AS TO CONTEt4lS-
API rt) AS
FIRST READING: May 13, 1985
SECOND READING:
May 13, 1985
- 30 -
Item II-K
CONSENT AGENDA ITEM # 23617
Upoii motion by Councilwoman Oberodorf, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items I through 6 of the CONSENT AGENDA with
the exception of Item 2 which was voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor iiarold Heischober,
Barbara M. Henley, B. Jack Jennings, Jr., Louis R. Jones,
Robert C. 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:
Nancy A. Creech
May 13, 1985
- 31 -
Item II-K.1
CONSENT AGENDA ITEM # 23618
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a Resolution in support of thd continuation of the VIRGINIA
BEACH CLEAN COMMUNITY PROGRAM with grant fudding to be furnished by the
State Division of Litter Control.
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 C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couacil Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 13, 1985
- 31 -
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
recognizes the existence of a litter problem within the city;
and
WHEREAS, the Virginia Litter Control Act of 1976 provides,
through the Department of Conservation and Economic Development,
Division of Litter Control, for grants for the purpose of enhancing
local litter control programs; and
WHEREAS, the Virginia Beach Clean Community Program is
in its seventh year of funding under this program; and
WHEREAS, in order for the eighth year funding application
to be forwarded to the Division of Litter Control, said application
must be endorsed by Council.
NOW, THEREFORE, BE IT RESOL17ED THAT the Council of the
City of Virginia Beach endorses and supports the continuation of
the Virginia Beach Clean Community Program with grant funding to
be furnished by the Division of Litter Control of the State of
Virginia.
BE IT FURTHER RESOLVED THAT the Department of Conserva-
tion and Economic Development, Division of Litter Control, is hereby
requested to consider and approve said grant application and
program, said program being in accord with the regulations governing
the use and expenditure of these funds.
Adopted this 13 day of May 1985.
Af-PIZOVED AS 10 CONTENT
IGNAI-'J@E
I)EPA"ITMENT
TO R
May 13, 1985
- 32 -
item II-K.2
CONSENT AGENDA ITEM # 23619
Miss Novella Joyner, the applicant represented herself
Maryann I. Ustick, Director of Community Development, spoke concerning the
application
John Perry, represented the Burton Station Civic League, and spoke in
opposition
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council ADOPTED a Resolution authorizing the enlargement of the nonconforming
structure located at 1229 Barrs Road (Property of NOVELLA JOYNER).
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, Robert G. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
May 13, 1985
32a -
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING STRUCTURE LOCATED
AT 1229 BARRS ROAD (PROPERTY OF NOVELLA
JOYNER)
WHEREAS, Novella Joyner desires to construct an eight-
foot by 26.5 foot addition to her single-family residence located
at 1229 Barrs Road, Virginia Beach, Virginia, which enlargement
is shown as the hatched area on that certain survey entitled
"PHYSICAL SURVEY OF SITE B PROPERTY OF ARTHUR HAROLD (A PART OF
OLD JAMES CORNICK FARM) LOCATED NEAR BURTONS STATION PRINCESS
ANNE CO. VA. 1229 BARRS ROAD VIRGINIA BEACH, VIRGINIA FOR
NOVELLA JOYNER" (the 'Survey"), a copy of which is attached
hereto and made a part hereof; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because single-family residences are not allowed in the I-1,
Light Industrial District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the enlargement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are equally appropriate
or more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming single-family residence, located at 1229 Barrs
Road, Virginia Beach, Virginia, as shown on the Survey, are
equally appropriate or more appropriate to the zoning district in
which they are located t-han are the existing nonconformities; and
the City Council hereby authorizes the enlargement or extension
of the nonconforming use and the enlargement of the nonconforming
structure in the manner shown on the Survey.
Adopted by the Council of the City of Virginia Beach,
Virginia, on May 13, 1985
Ci/da
5/7/85 - (2)
32b
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- 33 -
Item II-K.3
CONSENT AGENDA ITEM # 23620
Upon mation by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to amend and reordain Section 2 of the Code of
the City of Virginia Beach, Virginia, by providing for a PUBLIC HEARING before
appointment of SCHOOL BOARD MEMBERS.
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:
Nancy A. Creech
May 13, 1985
33a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
PROVIDING FOR A PUBLIC HEARING
BEFORE APPOINTMENT OF SCHOOL BOARD
MEMBERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
At least seven days (7) prior to the appointment of
any School Board member, the City Council shall hold one or more
public hearings to receive the views of the citizens within the'
school district. The City Clerk shall cause public notice to be
given at least ten days (10) prior to any hearing by publication
in a newspaper having a general circulation within the City.
This ordinance shall be effective July 1, 1985.
Adopted by the Council of the City of Virginia Beach on
the 13 day of May , 1985.
(Note: For State law authority, see SS22.1-29.1 of the Code of
Virginia, as amended.)
JDB:jh
4/19/85
May 13, 1985
- 34 -
Item II-K.4
CONSENT AGENDA ITEM # 23621
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing the City Manager to Execute an
Agreement with TIDEWATER COMMUNITY COLLEGE to Produce ten television
programs that will be of interest and benefit to senior citizens.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jenniiigs, 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:
Nancy A. Creech
May 13, 1985
34a
Requested by the Department of Housing and Comunity Development
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH TIDEWATER
C " UNITY COLLEGE TO PRODUCE TEN
TELEVISION PROGRAMS THAT WILL BE OF
INTEREST AND BENEFIT TO SENIOR CITIZENS
WHEREAS, the City has available funds from the U. S. Department
of Housing and Urban Development under the Community Development Block
Grant Program in the Ninth Program Year; and
WHEREAS, the Citizen's Advisory Committee desires to utilize these
funds to address problems confronting senior citizens in the City of
Virginia Beach; and
WHEREAS, senior citizens are considered to be persons of low and
moderate income for whom Community Development funds MAY be used; and
WHEREAS, Tidewater Community College represents that it is
qualified and willing to perfom the services in connection with the
production of ten video tapes specifically produced to disseminate
infomation that will be of benefit and of interest to senior citizens;
and
WHEREAS, Tidewater Comunity College has agreed to perfom
these services in accordance with the tems and conditions of a
contract providing for the sum of Fifteen Thousand Dollarg ($15,000).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGIrlIA:
The attached contract is hereby approved and the City Manager
is hereby authorized and directed to sign the attached agreement with
Tidewater Community College for the purposes referenced above and for
the terrns and conditions inore fully specified in an agreement attached
hereto and incorporated by reference.
Adopted by tte Council. o.' tha Cit@, of Virginia Beach, Virginia,
on the day of May 1985.
APPROVE.0 AS TO CONTENT
mary(nn gastick.
Department
APPROVED AS TO FORM
- 35 -
Item II-K.5
CONSENT AGENDA ITEM # 23622
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer $65,000 in appropriations from the
City Garage Expansion Project to the ANIMAL CONTROL BUILDING ADDITION.
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:
Nancy A. Creech
May 13, 1985
- 35a -
AN ORDINANCE TO TRANSFER
$65,000 IN APPROPRIATIONS
FROM THE CITY GARAGE EXPANSION PROJECT
TO THE ANIMAL CONTROL BUILDING ADDITION
WHEREAS, the current estimated costs for construction of the Animal
Control Building Addition total $356,000, and
WHEREAS, current appropriations for the addition are $291,000,
necessitating an increase of $65,000, and
WHEREAS, it is estimated that the completed City Garage Expansion
project will have surplus appropriations in excess of$65,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations tolalling $65,000 be transferred from
surplus funds for the City Garage Expansion project (#3-616) to the Animal
Control Building Addition project (#3-808).
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 13 day of May 1985.
p,
May 13, 1985
- 36 -
Item II-K.6
CONSENT AGENDA ITEM # 23623
Upon motion by Councilwomail Oberndorf, seconded by Councilman McCoy, City
Council APPROVED the LOW BID of ATLANTIC X-RAY, in the amoant of $33,837.09,
for the HUMAN RESOURCES RENOVATION - X-Ray Equipment; AND, AUTHORIZED the
City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 10-0
Council Members Votiilg Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
May 13, 1985
- 37 -
Item 11-M.I.
VIRGINIA BEACH SCENIC WATERWAYS PLAN
CANOE TRAILS ITEM # 23624
Arthur Collins, SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, pre-
sented the VIRGINIA BEACH SCENIC WATERWAYS PLAN. The City of Virignia Beach
wished to examine the potential of these waters for Canoeing and other
recreational attributes.
This report was divided into five parts:
NEEDS ASSESSMENT
WATERWAYS INVENTORY
ISSUE IDENTIFICATION
RECREATIONAL POTENTIAL OF WATERWAYS
RECOMMENDAED ACTIONS
Virginia Beach needs approximately 32 more miles of Scenic or recreational
waterways to meet the demands of the City alone. Beside the natural and
man-made features of existing waterways, there are a number of other facts
affecting the recreational potential of waterways:
WATERWAY LINKAGE
WATERWAY USE CONFLICTS
LAND OWNERSHIP AND RIGHT-OF-WAY
IMPACTS OF LAND DTVELOPMENT
SAFETY
MAINTENANCE
SCENIC WATERWAY DESIGNATION
RECREATIONAL FACILITIES AND SUPPORT SERVICE
SIGNAGE
PROMOTION
COST
The areas RECOMMENDED FOR IMMEDIATE ACTION are as follows:
1. West Neck Creek from Princess Anne Road to West Neck Road
should be designated as the first link in Virginia Beach's
Scenic Waterway System.
2. The City of Chesapeake sbould be contacted to begin co-ordi-
nation for development of the trail from West Neck Creek to
Pocaty River in Chesapeake.
3. A loop consisting of Ashville Bridge Creek, Muddy Creek and
Hells Point Creek should be designated. Appropriate faci-
lities and services should be provided.
4. Owls Creek should be promoted for tourist use in conjunction
with the Marine Science Museum.
5. The unnamed tributary at Pungo Ferry Road should be de-
signated.
Councilwoman Oberndorf referenced a magazine entitled: "Canoeiiig and Kayakiag"
continaing an article that promotes Virginia Beach most eloquently: "Virginia
Beach, Virginia, a widely diverse chaiii of Rivers, Creeks alid Canals". This
magazifie is distributed throughout the United States and Canada.
NATIONAL GEOGRAPHIC MAGAZINE is doing a series of photographs depicring the City's
scenic waterways which they photographed accompanying Lillie Gilbert.
May 13, 1985
- 38 -
item 11-M.l.
VIRGINIA BEACH SCENIC WATERWAYS PLAN
ITEM # 23624 (C..ti..@d)
Upon motion by Councilwoman Oberndorf, seconded by Couacilman Baum, City Couacil
ACCEPTED the SCENIC WATERWAY PLAN REPORT and instructed the Staff to structure
Phase-In and make recommendations as to the City's financial obligation.
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
- 39
Item 11-M.2
NEW BUSLNESS
STORMWATER MANAGEMENT PLAN
Engineering Services ITEM # 23625
The City Manager referenced Memorandums of April 30, and May 2, 1985, advising
City Council of ENGINEERING SERVICES required for THE STORM WATER MANAGEMENT
PLAN.
The project will consist of the following:
a. Redefiiie/verify watersheds
b. Recommend methods to handle rutioff from subwatersheds,
i.e., pipe system, ditches, natural waterways, floodplains,
etc.
c. Evaluate existilig systems and recommend remedial actioll where
needed.
d. Develop a drainage plan - canals, collection system to re-
ceiving waters.
e. Budget estimate for any remedial action
f. Priortize recommended projects
g. Review the need/feasibility of a participatory drainage policy.
h. Multiple use of certaiii drainage facilities for recreational
purposes (such as a canoe trail), or as aesthetic amenities
within neighborhoods.
i. Establish water quality parameters including use of "Best
Management Practices" to minimize rulicff
j. Consistancy with scenic waterways plan
k. Consistancy with Back Bay Watershed Management Plan and
Lynnhaven Water Quality Plan
City Engineer Donald Trueblood advised City Council of an Architect Engineering
Selection process which has been approved by the City Council and requires the
committee iiiterview various firms who are qualified, submit the recommendation
to the City Manager, who in turn submits same to City Couiicil. Mr. Trueblood
recommended not to specifically exclude any firm at this particular stage.
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council
AUTHORIZED the City Maiiager to "REQUEST A PROPOSAL" for engineering services to
provide a STORMWATER MANAGEMENT PLAN for drainage.
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 C. Jones, Vice Mayor Reba S. McClaiiall, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: May 13, 1985
None
- 40 -
Item II-M.3.
NEW BUSINESS ITEM # 23626
TRT STUDY
ADD-ON
Couiicilman Jennings advised of an article appearing in the VIRGINIAN-PILOT/LEDGER-
STAR concerning the construction of an Eastern Terminal Transportation Complex
at the location where the Virginia Beach Civic Center is currently iocated. There
was an inference that this rail service betweeil Norfolk and Virginia Beach was near
completion.
Councilman Jennings was assured that the RAIL SERVICE between Norfolk and Virginia
Beach is currently no more than a FEASIBILITY STUDY.
Item II-M.4
NEW BUSINESS ITEM # 23627
"DOGS ON THE BEACH"
ADD-ON
Councilman Jennings referenced a,letter from Councilman Fentress and himself,
dated May 7, 1985, to the Mayor and Members of Council concerning the contro-
versy surrounding "dogs on the beach" in the North Virgiiiia Beach area between
42nd and 89th Streets.
An Ordinance regarding this particular subject will be on the City Council AGENDA
May 20, 1985.
May 13, 1985
- 41 -
Item II-M.5
NEW BUSINESS
VIRGINIA BEACH ARTS CENTER
ADD-ON ITEM # 23628
Councilman Fentress referenced the City Manager's letter of May 10, 1985,
concerning the $1.5 MILLION request for the VirSinia Beach ARTS CENTER
be treated as a "CHALLENGE GRANT", City participation to be contingent on a
like contributiou from the Commonwealth of Virginia.
A motion was made by Councilman Fentress, seconded by Councilwoman Oberndorf
to treat the $1.5 MILLION request for the VIRGINIA BEACH ARTS CENTER
as a "CHALLENGE GRANT", pending state action.
Motion and second were WITHDRAWN.
By CONSENSUS, City Council will place on the AGENDA of May 20, 1985, a RESOLUTION
to estabish a "CHALLENGE GRANT" of $1-112 MILLION to the VIRGINIA BEACH ARTS
CENTER.
May 13, 1985
4 2
Iteni II-N.1
ADJOURI,iMENT ITEM # 23629
Upoii inot:Lon by Coukicilinai, Bauni, BY ACCL@IATION, CitY COUL'Cil AI)JOIJRNLD the
meetiiig at 5:25 p.iii.
Bc
Cliief Deputy CiLy Cl.erk
P,dth Hodges Smin, CMC Mayor Harold Heiscliober
City Clerk
City of Virgi@iia Beacli
Virgiiiia
/bh
May 13, 1985