FEBRUARY 4, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
CFTY COUNCJL
MA YOR BAROLD HEISCRO@. At L-9.
VICE-MA YOR REBA S MCLANAN. P-.. A- B-vk
JOHN A. RALW, M."W@ &-gh
NANCY A. CRFECH, At L-9.
ROBFRTE. @SS. V,@ B.-h @k
BAJ?@ N @, P-P. @h
H. JACK @INGS, JR., L@.k- @h
LOUIS R. JOARES. Dw@ @h
RODFRT G. JONE'S. At @
J. HENRY MCOY. JR.. K-P.@ @h
A(EYERA E. OBERNDO@ At @, MI CnY HALL BUILDING
RE7TH HODGES &WRN. CVC, Cilv Ckk CITY COUNCIL AGENDA MUVICLPAL @
VIRGINIA @ CH VIRGINIA M" m"
18041427-4=
February 4, 1985
Virginia Beach City Council
STAFF BRIEFING - Legislatlve Up-date - Conference Room - 12.-30 PM
12,Em 1. MBBTXNG OF VIRGINZA BEACH CZTR COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTXON TO RECESS INTO EXECUTIVE SESSION
ITEM IX. REGULAR SESSION OF VZRGZNXA BEACH CITR COUNCIL - Council chambers - 2 PM
A. XNVOCARXOK: Reverend Harold B. Thornton
Christ Presbyterian Church
B. PLEDGE OF ALLEGIANCE To THE FLAG OF THE UNITED STATES OF A14ERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CXTR MAJFAGER'S ADMINISTRATIVE RTEMS
1. Review of Consent Agenda
E. MARORICOUNCZL - DISCUSSXON OF PERTRNENT MATTERS
ITEM ii. F. MrNUrES
1. motion to acceptlapprove the Minutes of January 28, 1985.
G. PRESENRATION
1. Resolutions in Recognition:
a. Edvin Ke.Ilan - Arts and Humanities Commission
b. Mary Russo - Volunteer Council
c. Frank Williamson - Transportation Safety Commission
H. PL"NXSG - RECONSIDEU7xOm
1. Request of Christ@ Broadcasting Network for waiver to
condition of Use Permit approved January 16, 1984.
1 - PLANNXNG
1. Request of Floyd D. Svartz for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires that lot
d.imensions conform to the Comprehensive Zonlng ordinance.
The applicant wishes to resubdivide three existing parcels
totalling 15,360-square feet into one lot located along the
south side of Lakeview Drive, southwest of Bromfield Avenue
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
2. Ordinance closing, vacating and discontinuing portions of
Southern Boulevard, Maynard Avenue and Lavender Lane in the
petition of Ernest L. and Phyllis A. Hudson (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Commission for
ap,prova2; however, reflects the opinion of the
Viewers this would be a public inconvenience.
3. ordinance closing, vacating and discontinuing a portion of
Huntsman Drive (formerly Denver Avenue) in the petition of
Hudg.ins and Assoclates (Lynnhaven Borough).
a. Letter from the City Manager transmits no
recomendation from the Planning Commission;
however, reflects the opinion of the Viewers
this would be a public inconvenience.
4. ordinance closing, vacating and discontinuing a portion of
Branksome Drive (formerly Alease Drive) in the petition of
R.G. Moore Building Corporation (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the viewers concur, for approval.
5. Application of OylesbylAznhold, Ltd. for a change of zoning
from A-4 Apartment District to A-2 Apartment District on a
4.5-acre parcel located on the north side of Virginia Beach
Boulevard, east of Davis Street (Bayside Borough).
a. Letter from the City Manager transmits the
reccmmendation of the P @ ning Commission
for approval.
IPEN II. I. PLANNIIVG (continued)
6. Application of Gleneagle Associates for a change of zoning
from B-2 Community-Business District to A-2 Apartment
District on a 32,417.55-square foot parcel located at the
northwest corner of North Birdneck Road and Waterfront Drive
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of 24th Street Associates for changes of zoning
on a 21,875-square foot parcel located on The north side of
24th Street, east of Barberton Drive (Lynnhaven Borough):
From A-1 Apartment District to A-2 Apartment District an a
4,375-square foot parcel;
AND,
From R-6 Residential District to A-2 Apartment District on a
17,500-square foot parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Fred A. Raycox, XXI, and Edmund C. Ruffln for
a change of zoning from B-2 Community-Business District to
A-2 Apartment District on a 3.51-acre parcel located on the
south side of Laskin Road, east of North Birdneck Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of R.G. Moore and Robert H. DeFord, Jr., for
changes of zoning on an undeveloped site located at the
northern tez7n!nus of Broad meadows Boulevard (Bayside
Borough):
From R-8 Residential District to P-1 Preservation District
on an 81.78-acre parcel;
Prom R-1 Residential District to P-1 Preservation District
on a 57.02-acre parcel;
Prom R-1 Residential District to PD-H2 Planned Unit
Development District on a 329.1-acre parcel;
AND,
From R-5 Residential District to R-8 Residential District on
a 90.6-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
J. RESOLUTZONSIORDZNANCES
1. Special Revenue Bonds
a. Resolution inviting and encouraging the Newport News
Redevelopment and Housing Authority to issue its Special
Revenue Bonds in the amount of $6,500,000 for the
benefit of Brandyvine Associates.
ITEM ii. J. RESOLUTIONSIORDINANCES (continued)
2. Ordinances
a. Ordinance, on FIRST READING, to appropriate $175,000
from Fund Baldnce to Project 2-025 Master Street and
Highway Plan UP-Date for a Comprehensive Up-Date.
b. ordinance to amend and reordain Section 21-364 of the
Code of the City of Virg@a Beach, Virginia, pertaining
to general parking prohibitickns.
X. CONSENR 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 notion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution in Recognition to Edwin Kellan Arts and
Humanities Commission
2. Resolution in Recognition to Mary Russo Volunteer
Council
3. Resolution in Recognition to Frank Williamson -
Transportation Safety Commission
4. Resolution in Recognition to Kenneth Carbaugh Community
Services Board
5. Resolution in Recognition to Mason Notan Community
Services Board
6. Resolution in Recognition to T!b@ Northan Comm@ty
Services Board
7. Resolution in Recognition to Bernard Pandleton -
Community Services Board
8. Resolution in Recognition to Pauline Porter - Community
Services Board
9. Resolution in Recognition to Bernardine Wallace -
Cmmunity Services Board
10. Ordinance, on SECOND RFADING, to amend and reordain
Article 11, Sections 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a),
18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of Virginia
Beach pertaining to the Iicense tax schoduls.
11. Ordinance, on SECOND READXNG, to accept and appropriate
grants totaling $23,500 from the Virginia D.Lvision of
Motor Vehicles.
12. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Kempsville Road, to Ror-k
Church, its assigns and successors in title.
13. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way Pacific Avenue and 10th
Street to Thomas M. Murphy, his heirs, assigns and
successors in title.
ITEM II. K. CONSENT AGENDA (continued)
14. Low bid of inner-View, Ltd., in the amount of $851,463,
for the North Beach Storm Drainage System, Phase 11; AND,
authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
15. Raffle Permit - James K. Cole Memorial Scholarship Fund
L. UNFINISHED BUSINESS
1. Presentation by Cox Cable
2. Report of Band Referendum Conmittee
M. NEW BUSINESS
1. "Forward, Hampton Roads" - Sponsored by Councilwoman Nancy
Creech.
2. Interim Financial Statements for July 1, 1984, through
December 31, 1984.
3. Resort Area Advisory Commission - Staff Positions
N- RECESS FOR COUNCIL APPOXNTEE EVALUATION
O. ADJOVRNMENT
1. Notion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
S T A F F B R I E F I N G
LEGISLATIVE UP-DATE
February 4, 1985
12:30 p.m.
The STAFF BRIEFING concerning the LEGISLATIVE UP-DATE was called to order
by Mayor Harold Heischober in the Council Chambers on Monday, February
4, 1985, at 12:30 p.m.
The City Manager introduced David Grachmal, Director of General Services,
and the City's Legislative Liaison.
The City's Legislative Liaison to the General Assembly reviewed the LEGIS-
LATIVE PACKAGE APPROVED by City Council. Robert Matthias, Director of Grants
distributed copies of this report. (Copy of same is hereby made a part of
the record).
Mr. Grochmal Reported on the HOUSE and SENATE BILLS which have been intro-
duced by Members of the General Assembly and advised the status of these
BILLS:
BILL NO. PATRON BILL CONTENT STATUS
S.B. 513 BABALAS Would disallow polygraphs in In Committee
employment screening.
H.B. 1121 HALL Broadens the definition of tax Passed House as
exempt properties Substitute
H.B. 1145 BLOXOM Would freeze @otel room tax Passed House
at present rat@
H.B. 1292 ROBINSON,W.P. Would disallow polygraphs In Committee
in employment screening.
H.B. 1349 PIGKETT Allows Virginia Beach Develop- Engrossed for
ment Authority to issue bonds Third Reading
for low-moderate income housing.
H.B. 1457 PICKETT Would create the Atlantic Public Engrossed for
Beach Commission Third Reading
H.B. 1676 PARKER Would allow trailers on rural Passed House
lots with only the same re- with Amendments
strictions as site-built homes.
H.B. 1752 PICKETT Raises salaries of Mayor and Passed House
Council
H.B. 1769 DICKS Exempts a 1-block area in Engrossed for
Sandbridge from Dune Pro- Third Reading
tection Ordinance.
February 4, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 4, 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, February 4, 1985, at 1:45 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
February 4, 1985
- 2 -
ITEM # 23152
Mayor Heischober entertained a motion 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 disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by
such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual
or potential litigation or other legal matters within the juris-
diction of the public body.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, Ctiy
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 4, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 4, 1985
2:10 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, February 4,
1985, at 2:10 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Harold B. Thornton
Pastor
Christ Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
February 4, 1985
- 4 -
CIIY MANAGER'S ADMINIS'IRATIVE AGENDA
Item II-D.1
SPECIAL REVENUE
BONDS ITEM # 23153
The City Manager referenced the Resolution inviting and encouraging the NEWPORT
NEWS REDEVELOPMENT AND HOUSING AUTHORITY to issue its Special Revenue Bonds in
the amount of $6,500,000 for the benefit of BRANDYWINE ASSOCIATES (See Item
No. 11-J.1 under RESOLUTIONS/ORDINANCES).
The City Manager requested Council consider DEFERRAL of this Resolution for one week
until the City Council Meeting of February 11, 1985, as some questions have arisen
concerning open-space and park areas.
February 4, 1985
5
Item II-F. I
MINUTES ITEM 23154
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the MINUTES of January 28, 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
Council Members Absent:
None
February 4, 1985
6
Item II-G.I.a.
PRESENTATION ITEM 23155
Mayor Heischober was to present a RESOLUTION IN RECOGNITION to;
Edwin Kellam
Member
Arts and Humanities Commission
This Resolution recognized Edwin Kellam's untiring and dedicated service to the
ARTS AND HUMANITIES COMMISSION.
As Mr. Kellam was unable to attend the PRESENTATION, his RESOLUTION will be mailed.
7
Item II-G.I.b.
PRESENTATION Item 23156
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
Frank Williamson
Member
Transportaion Safety Commisson
This Resolution recognized Frank Williamson's untiring and dedicated service to
the TRANSPORTATION SAFETY COMt4ISSION.
February 4, 1985
8
Item II-G.1c.
PRESENTATION ITEM 23157
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
Mary Russo
Coordinator
Volunteer Council
This Resolution recognized Mary Russo's untiring and dedicated service to the
VOLUNTEER COUNCIL.
The Mayor further referenced Mary Russo's function as the Volunteer Council
Coordinator entailed ultimately supervising the activity of approximately
3800 volunteers.
February 4, 1985
9
Item II-H. 1
PLANNING
RECONSIDERATION ITEM 23158
Roy Mendelsohn, Director of Construction Services, represented the
applicant and displayed an aerial photograph and a Master Plan of CHRISTIAN
BROADCASTING NETWORK which had been presented to Council previously.
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council
APPROVED the Request of CHRISTIAN BROADCASTING NETWORK for a WAIVER of a
Condition to the APPROVAL of a Conditional Use Permit for Student Housing
(RO184601) granted by City Council on January 16, 1984.
City Council increased the number of units to be constructed from 200 to
224 on 19.89 acres. I(EMPSVILLE BOROUGH.
Vice Mayor McClanan specifically requested as the A-2 Apartment District was
DENIED originally and the Conditional Use Permit feature was added to the
R-8 Residential District, this not be used as a means to eventually procure
this A-2 Apartment District.
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
February 4, 1985
- 10 -
Item II-I. I
PLANNING ITEM # 23159
Attorney Carrollyn Cox represented the applicant
and presented a site plan (said plan is hereby made a part
of the record).
Floyd Swartz,.the applicant represented himself
F. J. Hudgins, potential purchaser of the applicant's property
Oppostion:
Dora Marshall Mullins, owner of two neighboring lots
Paula Plante, property owner of Lot No. 255
John P. Secosky, presently closing on adjacent property
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council APPROVED the application for a VARIANCE to Section 4.4(b) of the
Subdivison Ordinance upon application of FLOYD D. SWARTZ as per the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivsion Ordinance,
Subdivision for Floyd D. Swartz. Property is located at
1300 Lakeview Drive. Plats with more detailed infor-
mation are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R.
Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
This application was moved to the end of the PLANNING AGENDA as the attorney
for the applicant could not be present earlier.
February 4, 1985
Item II-I.2.
PLANNING ITEM 23160
Attorney Aridrew Fine represented the appplicant
The City Clerk referenced letter dated January 10, 1985 from the
Hampton Roads Sanitation District concerning granting of a suitable
easement (said letter is hereby made a part of the record)
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council APPROVED, subject to final approval in 180 days, an Ordinance for
the discontinuance, closure and abandonment of portions of Sattthern-Bettlevatd,
Maynard Avenue and Lavender Lane in the petition of ERNEST L. AND PHYLLIS
A. HUDSON. This Street Closure will EXCLUDE Southern Boulevard.
Application of Ernest L. and Phyllis A. Hudson for the
discontinuance, closure and abandonment of portions of
aftd Maynard Avenue adjacent to the
southern boundaries of Blocks 57 and 58 between Rose-
marie Avenue and Aragona Boulevard and a portion of
Lavendar Lane between Cleveland Street and Maynard
Avenue. Said parcel contains 1.162 acres. KEmpsvi@LE
BAYSIDE BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by means of purchase rather than direct conveyance
to the adjoining property owner, subject to deter-
mination by the City Attorney's Office.
2. Resubdivision of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as well as to insure that all lots have access
to a public street.
3. The closure of this right-of-way shall be contingent
upon compliance with the above stated conditions within
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 February 4, 1985
lla
ORDINANCE NO.
JIN THE 14ATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
';THOSE CERTAIN STREETS KNOWN AS SOUTHERN BOULEVARD, MAYNARD AVENUE
;AND LAVENDER LANE LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OFI
i
iVIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED
1 "PLAT PURSUANT TO STREET CLOSING, EUCLID PLACE, KEMPSVILLE
@BOROUGH, VIRGINIA BEACH, VIRGINIA".
AS, it appearing by affidavit that proper notice has
WHERE
!been given by Ernest L. and Phyllis A. Hudson, that they would
make application to the Council of the City of Virginia Beach,
Virginia, on the day of 19-, to
have the hereinafter described streets discontinued, closed and
vacated; and
WHEREAS, it is the judgment of the Council that said streets
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described streets be discontinued,
closed and vacated:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84' 541
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 05' 51' 48" W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84' 541 30" W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05@ 051 30" W, 30
feet to the point of beginning.
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73' 101 53" E, 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 05@
051 30" E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 73' 101 5311 W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
051 511 48" E, 30.56 feet to the point of beginning.
February 4, 1985
ilb
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 3011 E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05* 051 30" W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 101 5311 W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05' 051 30" E, 446.27 feet to the point
of beginning.
Said parcels of land being portions of Southern Boulevard,
Maynard Avenue and Lavender Lane, as indicated on that certain
plat of property to be vacated entitled "Plat Pursuant to Street
Closing, Euclid Place, Kempsville Borough, Virginia Beach,
Virginia".
SECTION II
A certified copy of this ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach, indexedl
in the name of the City of Virginia Beach, as grantor.
SECTION TII
CO TET,'T
@IT
February 4, 1985
Ilc
FIENE, FINE, LEGUM F]INE, P.A.
A@RNEYS A@
ONIC COMMFRCH PARK
@@U- OA. A' S-ET ... I.I@.
o@- @x .@-6
VIRG@ BEACH. VIRG@ 23462
CERTIFICATE OF VESTING OF TITLE
I, GARDINER M. HAIGHT, attorney for Ernest L. and Phyllis A.
Hudson, do hereby certify that:
1. I am an attorney at law and represent Ernest L. and
Phyllis A. Hudson, the petitioners.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Ernest L. and
Phyllis A. Hudson and the Norfolk Southern Railway Company the
adjacent landowners.
The said property referred to herein is hereby described as
follows:
(1) SOUTHERN BOULEVARD beginning at a point on the
northern line of the right of way of the Norfolk
Southern Railway Company at its intersection with the
western side of Rosemarie Avenue; thence along the right
of way of the Norfolk Southern Railway Company S 84' 541
30" E, 122.50 feet, to a point at the intersection of
the southern side of Southern Boulevard and Maynard
Avenue; thence N 05' 51' 48' W, 30.56 feet, to a point
at the intersection of the northern side of Southern
Boulevard and Maynard Avenue; thence N 84* 541 30" W,
116.69 feet to a point, which was formerly the western
side of Rosemarie Avenue; thence S 05' 051 301 W, 30
feet to the point of beginning.
February 4, 1985
lld -
FINE, FINE, LEGUM & FINE
(2) MAYNARD AVENUE beginning at a point in the northern
line of the right of way of the Norfolk Southern Railway
Company at its intersection with the southern side of
Maynard Avenue; thence along the southern side of
Maynard Avenue N 73' 10' 53' E, 838.03 feet to a point
on the western side of Aragona Boulevard; thence N 05'
05' 30" E, 32.33 feet to a point on the north side of
Maynard Avenue; thence along the north side of Maynard
Avenue S 73' 101 53" W, 844.29 feet to a point, which is
the intersection of the northerly side of Maynard Avenue
and the northerly side of Southern Boulevard; thence S
05' 51' 48" E, 30.56 feet to the point of beginning.
(3) LAVENDER LANE beginning at a point on the southwest
corner of its intersection with Cleveland Street; thence
S 84' 541 3011 E, 50.0 feet to a point on the southeast
corner of the intersection of Lavender Lane and
Cleveland Street; thence S 05' 051 30' W, 426.16 feet to
a point on the north side of Maynard Avenue; thence S
73' 10' 53' W, 53.89 feet to a point at the northwest
corner of the intersection of Lavender Lane and Maynard
Avenue; thence N 05' 051 3011 E, 446.27 feet to the point
of beginning.
GARDnER M. HAIGIIT,I
Fine, Fine, Leg6m,/and Fine
One Commerce Park
Witchduck Road at Cleveland Street
Post Office Box 61546
Virginia Beach, Virginia 23462
(804) 490-4545
February 4, 1985
- 12 -
Item Il-I.3
PLANNING ITEM # 23161
The City Clerk referenced letter from C. David Whitley, Vice President
of the Hudgins Orgainization, requesting DEFERRAL of thirty days in
order for the Department of Public Utilities and the City Attorneys' office
to make an evaluation. (Said letter is hereby made a part of the record)
Upon motion by Counclman Jennings, seconded by Councilwoman Oberndorf, City
Council DEFERRED for thirty days until the City Council Meeting of March
4, 1985, an ordinance closing, vacating and discontinuing a portion of Huntsman
Drive (formerly Denver Avenue) in the petition of HUDGINS AND ASSOCIATES.
Application of Hudgins and Associates, a Virginia Corp-
oration, for the discontinuance, closure and abandonment
of a portion of Huntsman Drive (formerly Denver Avenue)
beginning at the northern boundary of Brant Road and
running a distance of 170 feet more or less in a northerly
direction. Said parcel contains 9,000 square feet more or
less. LYNNHAVEN BOROUGH.
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., 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:
Louis R. Jones
February 4, 1985
- 13 -
Item II-I.4
PLANNING ITEM # 23162
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to final approval in 180 days, an Ordinance for
the discontinuance, closure and abandonment of a portion Branksome Drive
(formerly Alease Drive) in the petition of R. G. MOORE BUILDING CORPORATION
and HOLLAND OFFICE PARK ASSOCIATES as per the following:
Application of R. G. Moore Building Corp., and Holland
Office Park Associates for the discontinuance, closure and
abandonment of a portion of Branksome Drive (formerly Alease
Drive) beginning at a point 635.90 feet northeast of Holland
Road and 270 feet more or less northwest of Edwin Drive and
running in a northwesterly direction a distance of 265 feet
more or less. Said parcel contains 15,856 square feet.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by means of purchase rather than direct con-
veyance to the adjoining property owner, subject
to determination by the City Attorney's Office.
2. Resubdivision of the property and vacation of inter-
nal lot lines to incorporate the closed area into ad-
joining parcels, as well as to insure that all lots
have access to a public street.
3. The closure of this right-of-way shall be contingent
upon compliance with the above stated conditions within
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: February 4, 1985
None
13 a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS BRANKSOME DRIVE, LOCATED IN THE
KEMPSVILLE BOROUGH, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED 'PLAT SHOWING A PORTION OF BRANKSOME
DRIVE TO BE CLOSED, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS
RECORDED IN THE CLERK'S OFFICE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA IN MAP BOOK
AT PAGE
WHEREAS, it appearing by affidavit that proper notice
has been given by Holland Office Park Associates and R. G. Moore
Building Corp., that they would make application to the Council
of the City of Virginia Beach, Virginia, on to
have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgement of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be discon-
tinued, closed and vacated:
That portion of Branksome Drive (formerly
Alease Drive) as shown on the plat entitled
'Subdivision of a Portion of the Estate of
Hugh E. Owens, Sr., Kempsville Borough, Virgi-
nia Beach, Virginia" as shown in Map Book 124,
at page 17, beginning at a point being the
intersection of the Southern right of way line
of Branksome Drive and the Northerly corner of
Parcel A, (3.706 Acres); thence from said
point of beginning running in a Northeasterly
direction of North 42*00'00" East a distance
of 61.85 feet to a point which is the South-
western corner of Parcel B, (5.306 Acres);
thence running along the Northern right of way
line of Branksome Drive South 62*04'30" East a
distance of 64.88 feet to a point; thence con-
tinuing along said right of way line and
following a curve to the right having a radius
of 810.00 feet and a distance of 199.28 feet
to a point; thence turning and running along
the southern right of way line of Branksome
Drive South 42*01'16' West a distance of 60.00
feet to a point; thence turning and running
along the Southern right of way of Branksome
Drive and following a curve to the left having
a radius of 750.00 feet and a distance 184.52
feet to a point; thence continuing along said
Southern right of way line of Branksorqe Drive
North 62*04'30" West a distance of 79.92 feet
to said point of beginning. (Portion of
February 4, 1985
Branksome Drive, formerly Alease Drive, to be
closed consisting of 0.364 Acres)
Said parcel of land being a portion of Y3ranksome Drive
as indicated on that certain plat of property to be vacated along
existing Branksome Drive for Holland office Park Associates and
R. G. Moore Building Corp., which plat entitled "Plat Showing A
Portion of Branksome Drive To Be Closed, Kempsville Borough,
Virqinia Beach, Virginia", is recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach, Virginia in Map
Book at Page and which is made a part hereof by
reference.
SECTION II
A certified copy of this ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of tlie City of Virginia Beach, as grantor.
CLARK & STANT, P. C.
AT-rORNEY5 ANI' COTINSF.LORS AT L@W
10 ANN BLAIP. V.. 50@RAN BANK BUILDING GERIRD T. SC@FER
STEPHEW U. BUPKE @RL SCHWAFLTZ. M
DONALD H. C@FIK ONE COLUMBUS CE@ER THO&W D. SHURTLEWOP.TH
THOMAS R. FKANTZ VIRGINIA BEACH,VIRGINIA 23462 THOMAS E - SNYDEP,
GREGORY A. CIORTIANO FREDF RICK T. STAWT, M
ROBEFLT 1. 14ADDAD 1OH14 TYLER STANT
MICHAEL B. H.MAR TELEPHO.E:(@) 499-8800 STEPHEt4 C. S@'AIN
ERIC A. HAUSEK TLLECOPIER: (8-) W3-03-5
DOLICLAS E. KAHLE TELEX: 71.8829352 FREDEFLICK T. STAWT, IR.
@RY KEATINC
P,OBERT C. ORECOCK
ROBERT M.REED
ROBERT E. RULOFF OU@ 'ILL NO-
CERTIFICATE OF VESTING OF TITLE
I, Robert E. Ruloff , attorney for Holland Office Park
Associates and R. G. Moore Building Corp., do hereby certify that:
1. I am an attorney at law and represent Holland
Office Park Associates and R. G. Moore Building Corp., the Peti-
tioners.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Holland Office
Park Associates and R. G. Moore Building Corp., the adjacent
landowners; in fee simple ownership.
The said property referred to herein is hereby described
as follows:
That portion of Branksome Drive (formerly
Alease Drive) as shown on the plat entitled
'Subdivision of a Portion of the Estate of
Hugh E. Owens, Sr., Kempsville Borough,
Virginia Beach, Virginia" as shown in Map Book
124, at page 17, beginning at a point being
the intersection of the Southern right of way
line of Branksome Drive and the Northerly
corner of Parcel A, (3.706 Acres); thence from
said point of beginhing running in a North-
easterly direction of North 42*00100" East a
distance of 61.85 feet to a point which is the
Southwestern corner of Parcel B, (5.306 Acres);
thence running along the Northern right of way
line of Branksome Drive South 62*04130" East a
distance of 64.88 feet to a point; thence con-
tiniiing along said right of way line and
following a curve to the right having a radius
CLARK 8 STANT, P. C.
of 810.00 feet and a distance of 199.28 feet
to a point; thence turninq and running along
the southern right of way line of Branksome
Drive South 42101116" west a distance of 60.00
feet to a point; thence turning and running
along the ';outhern right of way of Branksome
Drive and following a curve to the left having
a radius of 750.00 feet and a distance 184.52
feet to a point; thence continuing along said
Southern right of way line of Branksome Drive
North 621041301 West a distance of 79.92 feet
to said point of beginning. (Portion of
Branksome Drive, formerly Alease Drive, to be
closed consisting of 0.364 Acres
r E @uloff
Subscribed and befre me this
day of October, 1984.
Notary Public
my commission Expires:
- 14 -
Item II-1.5
PLANNING ITEM # 23163
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon applicaton of OGLESBY/ARHNOLD, LTD. for
a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF OGLESBY/ARHNOLD, LTD.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICAT10N
FROM A-4 TO A-2 Z0285946
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Oglesby/Arhnold, Ltd.
for a Change of Zoning District Classification from
A-4 Apartment District to A-2 Apartment District on
Lot 7, Plat of Newtown Cross Road. Said parcel is
located at 5464 Virginia Beach Boulevard and contains
4.5 acres. BAYSIDE BOROUGH.
The following condition shall be required:
1. A 20-foot dedication of right-of-way along Virginia
Beach Boulevard including two permanent drainage
easements as shown on sheets 7 and 7A of the Virginia
Beach Boulevard Plans on file with the City Engineer's
Office and in accordance with the Master Street and
Highway Plan. On other rezonings in the area there
have been reservations rather than dedications re-
quired for Virginia Beach Boulevard.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourth day of February, 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
February 4, 1985
- 15 -
Item II-I.6
PLANNING ITEM # 23164
Attorney Moody Stallings represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of GLENEAGLE ASSOCIATES for
a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF GLENEAGLE ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO A-2 Z0285947
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gleneagle Associates,
a Virginia Corp., for a 'Change of Zoning District
Classification from B-2 Community Business District
to A-2 Apartment District on certain property located
at the northwest corner of North Birdneck Road and
Waterfront Drive. Said parcel contains 32,417.55
square feet. Plats with more detailed information
are available in the Department of Planning. LYNNHAVEN
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourth day of February, 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
February 4, 1985
- 16 -
Item II-1. 7
PLANNING ITEM # 23165
Terrence Gearhart, Member of the Twenty-fourth Street Associates
Partnership
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of 24th STREET ASSOCIATES
for Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF 24TH STREET ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 to A-2 Z0285948
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of 24th Street Associates,
for a Change of Zoning District Classification from
A-1 Apartment District to A-2 Apartment District on
Lot 29, Block 9, Woodland. Said parcel is located
837 24th Street and contains 4375 square feet.
LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF 24TH STREET ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 To A-2 Z0285949
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of 24th Street Associates,
for a Change of Zoning District Classification from
R-6 Residential District to A-2 Apartment District
on Lots 30 thru 33, Block 9, Woodland. Siad parcel
is located at 841 24th Street and contains 17,500
square feet. LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be meet:
Dedication of right-of-way is required for a 60-foot
ultimate right-of-way for 24th Street.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourth day of February, Nineteen Hundred and Eighty-five.
February 4, 1985
1 7
Item 11-I. 7
PLANNING ITEM 23165 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 4, 1985
- 18 -
Item II-I.8
PLANNING ITEM # 23166
Attorney Grover Wright represented the applic ant
James A. Kitchin, Jr., of Bryant-Fentress-Kitchin, Inc., responded to
inquiries concerning the letter Attorney's dated January 29, 1985.
(Said letter is her@by made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, CitY
Council ADOPTED an Ordinance upon application of FRED A. HAYCOX, III and
EDMUND C. RUFFIN, for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF FRED A. HAYCOX, Ill
AND EDMUND C. RUFFIN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 to A-2 Z0285949A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upoti application of Fred A. Haycox, III
and Edmund C. Ruffin, for a
Classification from B-2 Community Business District
to A-2 Apartment District on certain property located
on the south side of Laskin Road, 830 feet more or
less east of N. Birdneck Road. Said parcel is lo-
cated at 1035 Laskin Road and contains 3.51 acres.
Plats with more detailed information are available in
the Department of Planning. LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following
condition will be met:
A ten-foot dedication of right-of-way along the frontage
of Chiquapin Trail, 25 feet from the centerline of the
old 30-foot right-of-way to provide for an ultimate
50-foot standard right-of-way.
The following condition shall also be required:
Letter from Attorney Grover C. Wright, Jr., dated February
1, 1985, which confirms agreement of Messrs Ruffin and
Haycox stating that they will not change the ZONING
MAP until they are assured that the property of Bryant-
Fentress-Kitchin, Inc., is not subject to any increased
setback or other requirements as a result of the RAYCOX/
RUFFIN REZONING. (Said letter is hereby incorporated into
the conditions and made a part of the proceedings).
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Four ndred and Eight
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: February 4, 1985
- 19 -
Item II-I.9
PLANNING ITEM # 23167
Attorney Grover Wright represented the applicant
and displayed a plan of the proposed CYPRESS POINT
Larry Barry, Vice President of Langley and McDonald, also represented the
applicant
Opposition:
Robert Galewiski, resident of Lawson Forest Subdivision, and President of
C.A.I.R.
Letters dated January 12, 1985, in opposition to the changes of zoning
request of R. G. Moore and Robert H. Deford, Jr. from Georgette Constant
Davis are hereby made a part of the record.
A motion was made by Councilman Louis Jones, seconded by Concilwoman Oberndorf
to DENY Ordinances upon application of R. G. MOORE and ROBERT H. DEFORD, JR.,
for Changes of Zoning on an undeveloped site located at the northern terminus of
Board Meadows Boulevard (Bayside Borough) as same does not comply with the
COMPREHENSIVE PLAN.
Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Concilman Baum, City
Council ADOPTED Ordinances upon application of R. G. MOORE and ROBERT H. DEFORD,
JR., for Changes of Zoning per the following:
ORDINANCE UPON AIIPLICATON OF R. C. MOORE AND ROBERT
H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-8 TO P-1 Z0285950
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore and Robert H.
Deford, Jr., for a Change of Zoning District Classification
from R-8 Residential District to P-1 Preservation District
on certain property located 460 feet north of the northern
terminus of Board Meadows Boulevard as shown on plats on file
in the Department of Planning. Said parcel contains 81.78
acres. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF R. C. MOORE AND ROBERT
H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-1 TO P-1 Z0285951
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore and Robert H.
Deford, Jr., for a Change of Zoning District Classification
from R-1 Residential District to P-1 Preservation District
on certain property located north of the norther terminus
of Broad Meadows Boulevard as shown on plats on file in the
Department of Planning. Said parcels contain 57.02 acres
more or less. BAYSIDE BOROUGH.
February 4, 1985
- 20 -
Item II-I.9
PLANNING ITEM # 23167 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF R. G. MOORE AND ROBERT
H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FFROM R-1 TO PD-H2 Z0285952
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA:
Ordinance upon application of R. G. Moore and Robert H.
Deford, Jr., for a Change of Zoning District Classi-
fication from R-1 Residential District to PD-H2 Planned
Unit Development District on certain property located
at the northern terminus of Broad Meadows Boulevard
running along the northern boundary of proposed Haygood
Road as shown on plats on file in the Department of
Planning. Said parcel contains 329.1 acres. BAYSIDE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO R-8 Z0285953
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore, for a Change
of Zoning District Classification from R-5 Residential
District to R-8 Residential District on certain property
located 1741 feet north of the northern terminus of
Broad Meadows Boulevard as shown on plats on file in the
Department of Planning. Said parcel contains 90.6 acres.
BAYSIDE BOROUGH.
The following conditions shall be required:
1. Allow Density for the Lake (borrow pit) and reduce the
number of lots on the shoreline, thereby enlarging
the waterfront lots, for a total not to exceed 1,080
units.
2. The proposed Flag Lots shall be limited to 16.
3. Dedication of right-of-way 110 feet in width for pro-
posed Haygood Road Relocated as per the Master Street
and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourth day of February, Nineteen Hundred and Eighty-five.
February 4, 1985
- 21 -
Item 11-1.9
PLANNING ITEM # 23167 (Continued)
Voting: 6-5 (SUBSTITUTE MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
February 4, 1985
J. [)ALE SIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002
(804; 427-4531
February 12, 19P5
The Honorable Mayor
Members of Council
Virginia @-each, Virginia
Re: R. G. Moore/Robert H. Deford Zoiling
Application - Kempsville Lake ilo. 1
Par-Inership Re--oning Stipulation
Agreement - Our File CA8500946
Dear Mr. flayor and Members of Council:
I enclose for your information the proffer comriitted by
the applicants. This agreement has been approved as to content
and form.
By a copy o.@ this letter to the City Clerk, I am requesting
that she make this agreement a part of the minutes of the meeting
this application X,7as considered and adopted.
If any member of Council has any questions concerning this
matter, please give myself or jay Richardson a call.
,TDB:jh
cc: Thomas H. Muehlenbeck
Ruth H. Smith
KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP,
a Virginia geheral partnership
TO (DECLARATION OF RESTRICTIVE COVENANTS FOR
CYPRESS POINT RECREATIONAL AND OPEN SPACE
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS DECLARATION OF RESTRICTIVE COVENANTS, made
this 4th day of February, 1985, between KEMPSVILLE LAKE
NUMBER 1 PARTNERSHIP, a Virginia general partnership,
(Grantor) of the one part, and CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia,
(Grantee) of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor, upon its petitions to the
Grantee, has been been granted certain changes of zoning to
PD-H2 District on certain prol)erty hereinafter described
located in the Bayside Borough of the City of Virginia
Beach, Virginia, pursuant to Section 1120 through 1128 of
the Comprehensive Zoning Ordinance of the City of Virginia
Beach, Virginia, said rezoning having taken place on the 4th
day of February, 1985, and incident thereto having had its
proposed PD-H2 land use plan, as well as such additional
supplementary information as necessary to satisfy the
conditions of said Ordinance, approved by the Grantee
through its governing body; and
WliEREAS, the approved land use plan calls for
138.8 acres, more or less, of open space to be owned and
maintained by the Grantor and incident thereto the open
space shown on said land use plan vfas zoned to P-1; and
WHEREAS, the approved larid use plan for the P-1
District included the location of @)roposed open spaces and
recreational areas, the nature of t@he recreational
facilities proposed, and the means of maintenance of such to
be as aforesaid by the Grantor; an@i
WHEREAS, the open space and recreational areas are
shown on the plat attached hereto zlnd recorded herewith; and
WHEREAS, these restrictive covenants are necessary
to be recorded to prohibit the use of the open space and
recreational areas for any purpose other than recrea tion and
open space use for a period of 50 years from February 4,
1985;
NOW, THEREFORE, the Grantor does hereby for
itself, its successors and assigns for a period of 50 years
from February 4, 1985, impress the open space and
recreational areas zoned P-1 and containing 138.8 acres,
more or less, shown basically as golf course, tennis,
swimming pool, country club/clubhouse, and associated
recreational and open space uses on the plat attached hereto
entitled "Land Use Plan Cypress Point" with the following
restrictive covenants which shall run with the land:
1. Grantor hereby assumes all responsibility for
and agrees to maintain the open space and recreational areas
as shown on the Land Use Plan, including all structures
located thereon.
2. Grantor shall maintain and operate an 18-hole
golf course, tennis, swimming pool, country club/clubhouse,
and associated recreational and open space uses and
amenities within the open space and recreational areas.
3. The open space and recreational areas shall
only be used for the golf course, swimming pool, tennis,
country club/clubhouse, which shall consist of showers,
lockers, pro shops, snack bar and a 100 seat restaurant,
recreation, and open space and other related recreational
uses as may be specified in the Land use Plan, all of which
uses and structures shall be rnade available only for use and
enjoyment by all residents of the PD-H2 project and club
members and their invited guests, subject to assessments for
the use and maintenance thereof, and shall not be open or
made available to the general public.
4. The Grantor shall make the open space and
recreational areas available for use and enjoyment by all
2
residents of the PD-H2 project and club members and their
invited guests, subject to assessments for the use and
maintenance thereof, and shall iiot be open or made available
to the general public.
Nothwithstanding the foregoing, if hereafter, upon
the concurrence of the governing body of the Grantee, as
evidenced by a recorded resolution or ordinance of the
governing body of the Grantee, (a) the open space and
recreational areas are dedicated by the Grantor to the Grantee,
and the dedication is accepted by the Grantee, in which event
these restrictive covenants shall be null and void, and the
open space and recreational areas shall be owned by the
Grantee and may be devoted to such uses as the Grantee, in
its sole discretion, may elect, or (b) the Grantor may transfer
ownership and maintenance of all responsibility to a homeowners'
association or other private entity or agent, in which case
these restrictive covenants will remain in full force and effect
provided sufficient evidence of the niaintenance capability of
said association or other private entity or agency is presented
to the governing body of the Grantee and approved by the
governing body, as evidenced by a recorded resolution or
ordinance whereupon responsibility of the Developer or Grantor
shall be terminated.
IN WITNESS WIIEREOF, the Graiitor has executed the
foregoing restrictive covenants as of the date hereinabove
written, pursuant to due authority of its Board of Directors
and stockholders.
KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP,
a Virginia general partnership
BY: R. G. MOORE BVILDING
CORPOR,A,P,10@,/beneral Partner
BY
R. G. Moore, Prbtident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for
the State of Virginia at Large, do hereby certify that R. G.
Moore, President of R. G. Moore Building Corporation, whose
name is signed to the foregoing Declaration of Restrictive
3
Covenants dated February 4, 1985, has acknowledged the same
before me as General Partner on behalf of the Grantor,
Kempsville Lake Number 1 Partnership, a Virginia general
partnership, in the city and state aforesaid.
Given under my hand this day of Pebruary,
1985.
U'll.
-@e s
My tommi-ssl-.. e-.pi
APPROVED AS TO FORTA
CITY AT
- 22 -
Item II-J.1.
RESOLUTIONS ITEM # 23168
Upon mation by Councilwoman Creech, seconded by CouDcilman Robert Jones, City
Council DEFERRED for one week until the City Council Meeting of Feburary 11,
1985, the following Resolution:
RESOLUTION INVITING AND ENCOURAGING THE NEWPORT NEWS
REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL
REVENUE BONDS IN THE AMOUNT OF $6,500,000 FOR THE BENEFIT
OF BRANDYWINE ASSOCIATES.
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
February 4, 1985
- 23 -
Item II-J.2a
ORDINANCES ITEM # 23169
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED an Ordinance, on FIRST READING, to appropriate $175,000
from Fund Balance to Project 2-025 MASTER STREET AND HIGHWAY PLAN UP-DATE
for a Comprehensive Up-Date.
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
February 4, 1985
- 23a -
AN ORDINANCE TO APPROPRIATT @175,000
FROM FUND BALANCE TO
PROJECT 2-025 MASTER STREET AND HIGHWAY PLAN UPDATE
FOR A COMPREHENSIVE UPDATE
WHEREAS, the city staff realizes the need for a comprehensive update of
the Master Street and Highway Plan to analyze present and potential traffic flow
problems on city roads, and
WHEREAS, the city recently has completed negotiations with the con-
sulting firm of Harland-Bartholomew and Associates, Inc. for conducting a study
on the Master Street and Highway Plan and recommending solutions to traffic
congestion problems, and
WHEREAS, the cost of the consultant agreement is estimated at $175,000
and is to be financed from general fund balance,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF VIRGINIA
BEACH that project 2-025 Master Street and Highway Plan Update is hereby
established as a capital project and that $175,000 is transferred from general
fund balance to the Fngineering and Highways Capital Project Fund to finance the
update.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized to
execute the agreement with Harland-Bartholomew and Associates, Inc. for a study
on the Master Street and Highway Plan.
First Reading: February 4, 1985
Second Reading:
Approved by the Council of the City of Virginia Beach on the day
of 1985.
February 4, 1985
L-1-ORDII
- 24 -
Item II-J.2b.
ORDINANCES ITEM # 23170
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to amend and reordain Section 21-364 of
the Code of the City of Virginia Beach, Virginia, pertaining to GENERAL
PARKING PROHIBITIONS.
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
February 4, 1985
- 24a -
Requested by: City Manager's Office, Department of Permits and
Inspections, and Police Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-364 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO GENERAL PARKING PROHIBITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-364, of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 21-364. General parking prohibitions.
(a) No person shall park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control
device, in any of the following places:
(1) Within fifteen (15) feet of a fire hydrant.
(2) Within any designated fire lane.
(3) At any place so as to block any fire department
connection.
(4) Within fifteen (15) feet of the driveway entrance
to any fire station and, on the side of a street
opposite the entrance to any fire station, within
seventy-five (75) feet of the entrance, when
properly signposted.
(5) within fifteen (15) feet of the entrance to a
building housing rescue squad equipment or
ambulances, provided such buildings are plainly
designated.
(6) In front of a public or private driveway.
(7) Within an intersection.
(8) On the roadway side of any vehicle parked at the
edge or curb of a street (double parking).
February 4, 1985
- 24b -
(9) Upon any bridge or other elevated structure upon a
street or highway or within a tunnel.
(b) No person shall park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control
device, in any of the following places:
(1) on a sidewalk.
(2) On a crosswalk.
(3) Within twenty (20) feet of a crosswalk at an
intersection; provided, however, that where there
is no crosswalk at an intersection, no person shall
so park a vehicle within twenty (20) feet from the
intersection of curb lines or, if none, then within
fifteen (15) feet of the intersection of property
lines.
(4) Within thirty (30) feet upon the approach to any
flashing beacon, stop sign or traffic-control
signal located at the side of a roadway.
(5) Between a safety zone and the adjacent curb or
within thirty (30) feet of points on the curb
immediately opposite the ends of a safety zone,
unless a different length is indicated by official
signs or markings.
(6) Within fifty (50) feet of the nearest rail of a
railroad grade crossing.
(7) Alongside or opposite any street excavation or
obstruction, when such parking would obstruct
traffic.
(8) At any place where official signs prohibit, reserve
or restrict parking.
(9) In a residential or apar@ment district (area), if
such vehicle is a commercial vehicle in excess of twenty (20)
feet in length and/or seven (7) feet in height. This restriction
shall not apply to commercial vehicles parked while engaged in
February 4, 1985
-2-
- 24c -
the normal conduct of business or in the delivery or provision of
goods or services in a residential or apartment district (area).
(c) When a notice or citation is attached to a vehicle
found parked in violation of any provision of this section, the
owner of the vehicle may, within three (3) city working days
thereafter, pay to the city treasurer, in satisfaction of such
violation, a penalty of fifteen dollars ($15.00), for a violation
of any provision of subsection (a), or ten dollars ($10-00) for a
violation of any provision of subsection (b), for each hour or
fraction thereof during which such vehicle was unlawfully parked.
Such payment shall constitute a plea of guilty of the violation
in question. If such payment is not postmarked or received by
the city treasurer within three (3) working days of the city
after receipt such notice or citation, the penalty shall be
thirty dollars ($30.00) for a violation of any provision of
subsection (a) of this section and twenty dollars ($20.00) for a
violation of any provision of subsection (b) of this section.
(d) The failure of any owner to make payment in accord
with subsection (c) above or present the notice or citation for a
violation of this section at an office of the city treasurer for
certification to the general district court, within thirty (30)
days, shall render such owner, upon conviction of such violation,
subject to a fine of not more than fifty dollars ($50.00).
5
Adopted this 4 day of February 1984, by the
Council of the City of Virqinia Beach, Virginia.
RMB/da
misc
10/26/84
ApPROVED AS TO Co@ITEtIT
r,'EPi',@TY,ENT
February 4, 1985
-3-
- 25 -
Item II-K.
CONSENT AGENDA ITEM # 23171
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED in ONE MOTION Items 1 through 15.
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.t Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
February 4, 1985
- 26 -
Item II-K.1
CONSENT AGENDA ITEM # 23172
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a Resolution in Recognition to:
Edwin Kellam
Arts and Humanities Commission
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.j Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
February 4, 1985
- 26a
RESOLUTION OF APPRECIATION
TO
EDWIN KELLAM
WHEREAS:
Edwin Kettam served as a member of the Arts and
Hwnanities Com@ssion, he has served toittingly and untiringty
in behatf of the City of Virginia Beach;
WHEREAS:
His dedication and unselfish service have involved
personal sacrifices and inconveniences, not only to him but
frequentLy to his famity. We trust much satisfaction Ms
reatized in successfuLLy administering in this advisory
capacity--not onty to City Councit but also to the citizens
of this fast-growing metropolie. Advisors and Votunteers
have saved the City untold dottars, but, more importantty, our
successfut growth depends upon them. His footprints in the
sands of time wiLL Long reftect the tremendous strides of his
service.
NOIW, TGEREFORE, BE IT RESOLVED:
That the Virginia Beach City Councit here assembted
pauses in its deliberations to express pride in and deepest
gratitude for this service to
EDWIN KELLAM
BE IT FURTHER RESOLVED:
That this ResoLution be franed for presentation
with a copy spread upon the Minutes of this Format Session
of Yirginia Beach City Council this Fourth day of February,
Nineteen Hundred Eighty-Five.
Given under my hand and seat,
February 4, 1985
- 27 -
Item II-K.2
CONSENI AGENDA ITEM # 23173
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a Resolution in Recognition to:
Mary Russo
Coordinator
Volunteer Council
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Miyor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,- Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
February 4, 1985
- 27a -
RESOLUTION OF APPRECIATION
TO
MARY RUSSO
WHEREAS:
Mary Russo served as the Cooy-dinator for the
Votunteer CounciL for six years, she served wittingly and
untiringty in behalf of the City of virginia Beach;
WHEREAS:
Throughout these years, her dedication and unsetfish
seroice have invotved personat sac@fices and inconveniences,
not only to her but frequentty to her famity. We trust much
satisfaction was realized in successfutly administering in
this advisory capacity--not only to City Council but atso to
the citizens of this fast-growing metropotis. Advisors and
VoLunteers have saved the City untotd dollars, but, more
importantly, our successfut growth depends upon them. Her
footprints in the sands of time wiLL tong reflect the tremen-
dous strides of her service.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council here assembted
pauses in its detiberations to express pride in and deepest
gratitude for these years of service to
MARY RUSSO
BE IT FURTHER RESOLVED:
That this Resotution be framed for presentation
with a copy spread upon the Minutes of this Format Session
of Virginia Beach City Councit this Fourth day of February,
Nineteen Hundred Eighty-Five.
Giv my hand and seal,
ita@or
February 4, 1985
28 -
Item II-K-3
CONSENT AGENDA ITEM 23174
Upon motion by Councilwoman Obernd,,f, seconded by Councilman Baum, City
Council ADOPTED a Resolution in Recognition to:
Frank Williamson
Transportation Safety Commission
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, R,be,t 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
Councii Members Absent:
None
*Verbal Aye
February 4, 1985
- 28a -
RESOLUTION OF APPRECIATION
TO
FRANK WILLIAMSON
WHEREAS: Frank Williamson served as a member of
the Transportation Safety Com@ssion for seven years, he has
served willingly and untiringty in behatf of the City of
Virginia Beach;
WHEREAS: Throughout these years, his dedication
and unselfish service have invotved personat sacrifices and
inconveniences, not only to him but frequentty to his famity.
We trust much satisfaction was reatized in successfutly ad@n-
ir,tering in this advisory capacity--not only to City Councit
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untotd dottars,
but, more importantly, our successfut growth depends upon
them. His footprints in the sands of time @tt tong reftect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City CounciL here assembled pauses in its detiberations
to express pride in and deepest gratitude for these years of
service to
FRANK WILLIAMSON
BE IT FURTHER RESOLVED: That this ResoLution be
framed for presentation with a copy spread upon the Minutes
of this Format Session of Virginia Beach City Council this
Fourth day of February, Nineteen Hundred Eighty-Five.
and and seat,
r
February 4, 1985
- 29 -
Item II-K.4-9
CONSENT AGENDA ITEM # 23175
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED the following Resolutions in Recognition to Members of
the COMMUNITY SERVICES BOARD:
Kenneth Carbaugh
Mason Moton
Thomas Northam
Bernard Pendleton
Pauline Porter
Bernadine Wallace
These Resolutions in Recognition had been previously mailed to the recipients.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.* Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye February 4, 1985
RESOLUTION OF APPRECIATION
TO
KENNETH CARBAUGH
WHEREAS: Kenneth Carbaugh served as a member of
the Community Services Board for seven years, he has served
wilLingty and untiringly in behatf of the City of Virginia
Beach;
WHEREAS: Throughout these years, his dedication
and unsetfish service have invotved personal sacrifices and
inconveniences, not onty to him but frequentty to his famity.
We trust much satisfaction was reatized in successfuLLy admin-
istering in this advisory capacity--not onty to City Council
but also to the citizens of this fast-growing rwtropolis.
Advisors and Volunteers have saved the City untold dottars,
but, more importantly, our successfut growth depends upon
them. His footprints in the sands of time @tL tong reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Councit here assembted pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
KENNETH CARBAUGH
BE IT FURTHER INSOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes
of this Format Session of Virginia Beach City Councit this
Fourth day of February, Nineteen Hundred Eighty-Five.
Given @nder my hand and seal,
mdyd@
RESOLUTION OF APPRECIATION
TO
MASON MOTON
WHEREAS: Mason Moton served as a member of the
Community Services Board for five years, he has served witt-
ingty and untiringty in behatf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication
and unselfish service have involved personat sacrifices and
inconveniences, not anty to him but frequentty to his famity.
We trust much satisfaction was reatized in successfutty adniin-
istering in this advisory capacity--not onty to City Council
but atso to the citizens of this fast-growing rwtropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time witt tong reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembted pauses in its detiberations
to express pride in and deepest gratitude for these years of
service to
MASON MOTON
BE IT FURTHER INSOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes
of this FormaL Session of Virginia Beach City Council this
Fourth day of February, Nineteen Hundred Eighty-Five.
Givenlunder my hand and seat,
RESOLUTION OF APPRECIATION
TO
THOMAS NORTHAM
WHEREAS: Thomas Northam served as a member of the
Community Services Boani for five years, he has served witt-
ingty and untiringly in behatf of the City of Virginia Beach;
WHEREAS: Throughout these years, his dedication
and unselfish service have invotved personal sacrifices and
inconveniences, not only to him but frequentty to his famity.
We trust much satisfaction was reatized in successfulty admin-
istering in this advisory capacity--not only to City Councit
but atso to the citizens of this fast-growing metropotis.
Advisors and VoLunteers have saved the City untold dottars,
but, more importantly, our succe8sfut growth depends upon
tltem. His footprints in the sands of time WILL tong reflect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Councit here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
THOMAS NORTHAM
BE IT FURTHER RESOLVED: That this Resotution be
framed for presentation with a copy spread upon the Minutes
of this Format Session of Virginia Beach City Councit this
Fourth day of February, Nineteen Hundred Eighty-Five.
Givel under my hand and seal,
RESOLUTION OF APPRECIATION
TO
BERNARD PENDLETON
WHEREAS: Bernard Pendleton served as a member of
the Community Services Board for eight years, he has served
witlingty and untiringly in behalf of the City of Virginia
Beach;
WHEREAS: Throughout these years, his dedication
and unselfish semice have involved personal sacrifices and
inconveniences, not only to him but frequentty to his famity.
We trust much satisfaction was reatized in successfully admin-
istering in this advisory capacity--not onty to City Councit
but also to the citizens of this fast-growing lwtropolis.
Advisors and Volunteers have saved the City untold dottars,
but, more importantly, our successful growth depends upon
them. His footprints in the sands of time @tt tong reftect
the tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Councit here assembted pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
BERNARD PENDLETON
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes
of this Format Session of Virginia Beach City Councit this
Fourth day of February, Nineteen Hundred Eighty-Five.
Given under my hand and seal,
RESOLUTION OF APPRECIATION
TO
PAULINE PORTER
WHEREAS: Pautine Porter served as a member of the
Community Services Board for six years, she has served witt-
ingty and untiringly in behalf of the City of Virginia Beach;
WHEREAS: Throughout these years, her dedication
and unsetfish service have invotved personal sacrifices and
inconveniences, not onty to her but frequently to her famity.
We trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Councit
but also to the citizens of this fast-growing 7wtropotia.
Advisors and VoLunteers have saved the City untold dottars,
but, more importantly, our successfut growth depends upon
them. Her footprints in the sands of time witt tong reftect
the tremendous strides of her service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City CounciL here assembted pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
PAULINE PORTER
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the minutes
of this Format 5ession of virginia Beach City Councit this
Fourth day of February, Nineteen Hundred Eighty-Five.
ive under my hand and seal,
-Rdyor
RESOLUTION OF APPRECIATION
TO
BERNADINE WALLACE
WHEREAS: Bernadine WaLlace served as a member of
the Community Sezvices Boayd for six years, she has served
wittingly and untiringty in behalf of the City of Virginia
Beach@
WHEREAS: Throughout these years, her dedication
and unsetfish service have invotved personal sacrifices and
inconveniences, not onty to her but frequently to her family.
We trust much satisfaction was reatized in successfuLLy admin-
istering in this advisory capacity--not only to City Councit
but also to the citizens of this fast-growing mtropolis.
Advisors and Volunteers have saved the City untotd doLLars,
but, more importantty, our successfut growth depends upon
them. Her footprints in the sands of time will tong reftect
the tremendous strides of her service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Councit here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
BERNADINE WALLACE
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes
of this Format Session of Virginia Beach City CounciL this
Fourth day of February, Nineteen Hundred Eighty-Five.
n under my hand and seat,
- 30 -
Item II-K.10.
CONSENT AGENDA ITEM # 23176
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance, on SECOND READING, as per the following:
Ordinance, on SECOND READING, to amend and reordain
Article II, Section 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53(a) (c) (d) and (e), 18-54(a), 18-55(a),
18-56(b) (c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b) and 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of Virginia
Beach pertaining to the license tax schedule.
This Ordinance shall become effective May 1, 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.t 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:
None
February 4, 1985
*Verbal Aye
30a
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
II, SECTIONS 18-46, 18-47(a), 18-48(a) and
(b), 18-52(a), 18-53(a)(c)(d) and (e),
18-54(a), 18-55(a), 18-56(b)(c) and (d),
18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71,
18-72(b), 18-73(a), 18-74(a), 18-75(a) and
(b), 18-76.1(b), 18-77(a) and (b), 18-79(a),
18-80(a), 18-82(a), 18-85, 18-86(a), 18-87,
18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and
(e), 18-92(a), 18-99(a), 18-100(a) and (b),
18-100.1(a) and (b), 18-101(a), 18-102(a),
18-104, 18-105, 18-109(a), 18-110(a),
18-111, 18-112(a) and (b), 18-113(b),
18-114(a) 18-116 OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO THE LICENSE TAX SCHEDULE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article II, Sections 18-46, 18-47(a), 18-48(a) and
(b), 18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a),
18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-73(a),
18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b),
18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a),
18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a),
18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a),
18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b),
18-113(b), 18-114(a) 18-116 of the Code of the City of Virginia
Beach, Virqinia, are hereby amended and reordained as
follows:
Section 18-46. Unclassified businesses or trades.
Every person engaqed in any business or trade not
subject to a specific license tax under the provisions of this
chapter or other ordinance of the city shall pay a license tax
equal to the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts,
in-eneesS-Of-@T50@GO in such business or trade during the
preceding calendar year.
Section 18-47. Agents for selling books, magazines and
periodicals.
(a) Each agent for selling books, magazines and
periodicals shall pay a license tax of $497GO-Lger-yeaL,-OL.-$S@OG
per-menthT-if-fer-iess-than-one-year the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts attributable to the business conducted within the city
during the preceding calendar year. In addition, a fee of $20.00
will be collected from each agent granted a permit to sell
door-to-door.
February 4, 1985
Section 18-48. Agricultural service businesses.
(a) Every person engaged in any agricultural service
business shall pay a license tax equal to 025790-and
twenty-seven the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts 4n-eneess-ef
$275997GG in such business during the preceding calendar year.
(b) Agricultural service businesses, as referred to in
this section, shall. include those businesses set out below and
any miscellaneous agricultural service businesses not elsewhere
classified:
(1) Grist mills, includinq custom flour mills.
(2) Crop dusting: contract.
(3) Crop spraying: contract.
(4) Weed control, on a contract or fee basis.
(5) Veterineriana-anel Animal hospitals.
(6) Animal husbandry services:
a. Animal breeding and traininq.
b. Doq grooming shops.
c. Kennels.
(7) Horticultural services.
Section 18-52. Amusement and recreation service businesses.
(a) Every person engaged in any amusement and recreation
service business shall pay a license tax equal to $ZST99-and
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
business during the precedinq calendar year.
Section 18-53. Amusement parks.
(a) The owner or operator of any permanent park for
public amusement in the city open to the public shall, for the
privilege of operatinq within such park a bowling alley, hobby
horse, merry-go-round, ferris wheel, old mill, dip-the-dips and
other similar amusements, bathhouses, boat houses, parking lots
and the following coin-operated devices: Machines for exhibiting
pictures, automatic photo machines, baseball machines, bowling
alley machines, hockey machines, auto testing machines, machines
for testino strenqth or grip, electronic gun and rifle machines,
-2-
aeroplane-testing machines, basketball machines, foot-ease
machines, weight scale machines, punching bag machines, tractor
machines, crane machines, voice-recording machines and similar
coin-operated amusement devices that are usual to an amusement
arcade operation, other than coin-operated pinball machines,
shall pay the following license tax:
thereteT the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts, exclusive of any
federal and city admission tax thereon, from all such activities,
except the gross receipts from the operation of such bathhouses,
boat houses and parkinq lots; provided, that coin-operated
pinball machines shall be separately licensed under the law
relating thereto.
(c) Whenever any amusement within an amusement park is
operated by a person other than the operator of such park, such
person shall pay for such amusement the following license tax:
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
therefrom, exclusive of any federal and city admission tax
thereon.
(d) Any person, other than the operator of an amusement
park, who shall operate any amusement within such park, for which
tickets are not sold, such as recordinq the voice, guessing one's
weight, testing one's strength and the like, shall pay a license
tax of $,Sg@99 the qreater of thirty dollars or thirty-six one
hundredths of one percent of the qross receipts therefrom.
(e) Any person operating any concession, amusement
enterprise or other like business enterprise, for which a license
tax is not specifically provided in this section, shall pay an
annual license tax of $lGG7G4t-providedT-howeverT-that-&MY
$ITGG9709 the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts therefrom.
-3-
Section 18-54. Athletic fields or parks for professional
sports.
(a) Every person operating an athletic field or park for
professional baseball games, football games and other
professional games of similar character, where a charge is made
for admission, shall pay a license tax of 025vgg-EeL--eaeh-day
the greater of
thirty dollars or thirty-six hundredths of one percent of the
gross receipts, exclusive of any federal and city admission tax
thereon, from admissions to such athletic field or park.
Section 18-55. Automotive services and garage businesses.
(a) Every person enqaged in any automotive service and
garage business shall pay a license tax equal to $as7oo-and
the greater of thirty dollars or thirty-six one hundredths of one
percent of the qross receipts in such
business durinq the preceding calendar year.
Section 18-56. Barbershops, beauty parlors and barber and
beauty culture schools.
(b) Every person who shall conduct or operate a
barbershop shall pay a license tax of $257GO-and-ferty-one
the greater of thirty dollars or thirty-six one hundredths of one
percent on gross receipts in such business
during the preceding calendar year.
(c) Every person who shall conduct or operate a beauty
parlor or hairdressing establishment shall pay a license tax of
the greater of thirty dollars or thirty-six
one hundredths of one percent on gross receipts 4n-eiteese-of
$27599799 in such business during the preceding calendar year. A
license issued under this chapter pursuant to the payment of the
license tax set out in this subsection shall not authorize the
teaching or instruction of beauty culture or cosmetology.
-4-
(d) Every person who shall conduct or operate a barber
school or beauty culture school shall pay a license tax of
@i2S799 the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts in such business
during the preceding calendar year. The rendering by students in
such school, in the course of their training, of services usually
performed in barbershops and beauty parlors shall not require the
payment of an additional license tax required by this
section.
Section 18-58. Barqing and liqhterinq.
Every person engaged in the city in the business of
barginq and liqhterinq, or who shall hire out barqes, liqhters or
vessels to do this work, or have an office in the city where such
contracts are made, shall pay a license tax of $SOTOO.the greater
of thirty dollars or thirty-six one hundredths of one percent of
the gross receipts in such business conducted in the city during
the preceding calendar year.
section 18-59. Beach equipment rental - Generally.
(a) Each person engaged in the business of renting beach
equipment in the city shall pay a license tax based-upen-the
-5-
of the greater of thirty dollars or thirty-six one hundredths of
one percent of the gross receipts in such business during the
preceding calendar year.
Section 18-60. Same - Surfboards.
(a) Each person engaged in the business of renting
surfboards in the city shall pay a license tax based-algen-the
of the greater of thirty dollars or thirty-six one hundredths of
one percent of the gross receipts in such business during the
preceding calendar year.
Section 18-62. Billiard, pool or bagetelle tables or
shuffleboards.
(a)
-6-
or-net Every person engaged in the business of operating a pool
room in which are located billiard, pool or bagetelle tables or
shuffleboards shall pay a license tax of the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts in such business during the preceding calend ear.
Section 18-63. Billposters.
(a) Every person engaqed in business as a billposter
shall pay a license tax of $2GOTGG the greater of thirty dollars
or thirty-six one hundredths of one percent of the gross receipts
in such business.
Section 18-64. Boardinghouses, lodging houses and tourist
homes.
Every person engaged in keeping a boardinghouse, lodging
house or tourist home, where the total number of rooms available
for boarders or lodgers is 5 or less shall pay an annual license
tax of the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
Where the total number of rooms
available for boarders or lodgers is over 5, such person shall
pay the license tax reauired of hotels and other like
establishments under section 18-85.
Section 18-65. Bondsmen.
(a) Every person who shall, for compensation, enter into
any bond or bonds for others, whether as principal or surety,
shall pay a license tax of $2GG7GG the greater of thirty dollars
or thirty-six one hundredths of one percent of the gross receipts
in such business during the preceding calendar year.
Section 18-66. Card-writing stands.
Every person operating a card-writing stand shall pay a
license tax of 04GTGG the greater of thirty dollars or thirty-six
one hundredths of one percent of the gross receipts
therefrom.
-7-
Section 18-71. City directories.
Every person engaged in the city in the business of
publishing or distributing a directory, commonly known as a "city
directory," havinq an office or representative, or making a
contract for work or soliciting for work, in the city, shall pay
a license tax of $89799 the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
attributable to the business conducted within the city durinq the
preceding calendar year. In addition, a fee of $20.11 will be
collected from each agent granted a permit to solicit.
Section 18-72. Coin-operated machines - Operators.
(b) Every operator shall pay a license tax of $200.00
and, in addition, one-feurth the greater of thirty dollars or
thirty-six one hundredths of one percent on the share of gross
receipts actually received by the operator from such business for
the precedinq calendar year
Section 18-73. Same - Vending machines.
(a) Every person engaqed in the business of selling
goods, wares and merchandise through the use of coin-operated
vending machines shall be classified as a retail merchant on that
phase or part of the business done through such machines and
shall pay a license tax of greater
of thirty dollars or twenty-ene one hundredths of one percent of
the gross receipts for the privilege of
doing business in this city; provided, however, that if any such
person has more than one definite place in this city at which
goods, wares or merchandise are stored, kept or assembled for
supplying such vending machines, each such place in excess of one
shall be regarded as an additional definite place of business.
Section 18-74. Commercial service businesses.
(a) Every person engaged in any commercial service
business shall pay a license tax equal to $25TG9-and the greater
of thirty dollars or thirty-twe six one hundredths of one percent
of the gross receipts in such business
during the preceding calendar year.
-8-
Section 18-75. Contractors and persons constructing houses
for subsequent sale or rental.
(a) Subject to the provisions of section 58-299 of the
Code of Virginia, every person engaqed in any contractinq service
business shall pay a license tax equal to $SGTGO-amel the greater
of thirty dollars or sixteen one hundredths of one percent of the
gross receipts in-e*eess-ef-@579997GG in such business during the
preceding calendar year. Contract service businesses referred to
in this subsection shall include those businesses set out below
and any miscellaneous contract service business not elsewhere
classified:
(1) General buildinq contractors.
(2) Highway and street construction.
(3) Heavy construction.
(4) Special trade contractors:
a. Plumbing, heating and air-conditioning.
b. Painting, paper hanqing and decorating.
C. Electrical.
d. Masonry, stone setting and other.
e. Stonework.
f. Plasterinq and lathinq.
g. Terrazzo, tile, marble and mosaic work.
h. Carpentering.
i. Floor layinq and other floorwork.
j. Roofing and sheet metal work.
k. Concrete work.
1. Structural steel erection.
M. Ornamental metal work.
n. Glass and glazing work.
0. Excavatinq and foundation work.
p. Wrecking and demolition work.
q. Removing contents of privies, cesspools, septic tanks and
other similar facilities.
(b) Any person enqaqed in the business of erecting or
constructing office buildings, motels, hotels, condominiums,
houses or any other structures suitable for habitation for the
-9-
purpose of selling the same, not employing therefor a contractor
or person who shall act as superintendent who has paid the
license tax required by law, shall pay a license tax as provided
in subsection (a) of this section for a person enqaqed in
business as a contractor; provided, however, if such person
maintains ownership of such structure and rents or leases rooms
or space in such structure, then such person shall pay a license
tax equal to $597GG-and the greater of thirty dollars or sixteen
one hundredths of one percent of the actual cost of construction
No license for the conduct of such
business shall be transferred ner-shall-the-lieense-tax-be
prerated.
Section 18-76.1. Dealers in precious metals and gems.
(b) Tax levied on receipts. Every dealer engaged in
business in the city of purchasinq, acquiring or sellinq
secondhand precious metals or gems shall pay a license tax equal
to the qreater of thirty dollars or
thirty-six one hundredths of one percent of all gross receipts
received in the resale either-at-retaii-er-whelesale of such
precious metals or gems made in-emeege-ef-$275GG799 during the
preceding calendar year.
pureha9e97
Section 18-77. Detectives, detective aqencies, watchmen
services, security patrols and similar security
services.
(a) Every person operating a detective agency or enqaged
in the business of a detective shall pay a license tax of
emlgieye'4T-ani4-for-eaek-a444itienal-elgerateL--er-person-empleye&T
-10-
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calend ear. Any person or
agency obtaining a license under this subsection may conduct the
business of furnishing watchmen for compensation, without
securing an additional license under subsection (b) of this
section for so doing.
(b) Every person or agency furnishina watchmen security
patrols or similar security services for compensation shall pay
a license tax of
watehrRem-er-FnereT-ineluding-the-ewnerT-there-shall-be-paid-a
the qreater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Section 18-79. Dry cleaning, dyeing, towel and linen rental
service, etc., (nonlocal).
(a) Every person engaged in the business of dry
cleaninq, dyeinq, laundry, ruq cleaning, pressing or towel and
linen rental service, who does such work outside the city and who
solicits or receives such work in the city to be done outside the
city, shall pay a license tax of $69@9-fer-eaeh-vehiele-er
reeeiv,imej-eL--delivering-sueh-wer)e the greater of thirty dollars
or thirty-six hundredths of one percent of the gross receipts
attributable to the business conducted within the city.
Section 18-80. Educational service businesses.
(a) Every person engaged in any educational service
business shall pay a license tax equal to $25TOO-and-ferbY-twe
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
businesses during the preceding calendar year.
Section 18-82. Emigrant labor agents.
(a) Every person engaged in the business of soliciting,
hiring or contracting with laborers to be employed by persons
other than himself beyond the limits of the state, and every
agent of sucb person, shall pay a license tax of 057999@e-per
year the greater of ix one hundredths
of one percent of the qross receipts in such business urinq the
preceding calendar year. Such
prerate4-amel-the license shall not be transferred.
Section 18-85. Hotels, motels, motor lodges, etc.
Every person conducting the business of keeping a hotel,
motel, motor lodge, auto court or tourist camp shall pay an
annual license tax equal to $25799-and the qreater of thirty
dollars or thirty-mine six one hundredths of one percent of the
gross receipts during the preceding
calendar year, except receipts from telephone service and except
rent from stores and offices.
Section 18-86. Junk dealers and canvassers; secondhand dealers.
(a) Every person engaged in business in the city as a
junk dealer shall pay a license tax equal to $25799-and
ene-fearth the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross sales, whether paid for or
not, in such business during the preceding
calendar year.
Section 18-87. Marinas.
Every person engaged in the business of keeping or
-12-
operating a marina shall pay a license tax equal to @25799
and-twenty-eiejht ars or thirty-six
one-hundredths of one percent of the gross receipts, including
the gross receipts from the sale of gasoline, motor oils,
engines, engine parts, boats and other merchandise, repairs and
equipment and from the berthing of boats, in-eneess-of
027599TOG in such business during the preceding calendar
year.
Section 18-88. Medical and other health service businesses.
(a) Every person engaged in any medical or other
health-service business shall pay a license tax equal to $astoo
and-forth-three the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts 4ft-emeese-ef
02T5GG7GO in such business during the preceding calendar
year.
Section 18-89. Merchants, retail.
(a) Every person enqaged in the business of a retail
merchant shall pay a license tax equal to $25vGO-and eater
of thirty dollars or twenty-ene one hundredths of one percent of
the gross sales, whether paid or not, 4n-eneeSS-O#-$275GOTGO in
such business during the preceding calendar year.
Section 18-91. Money lenders generally; handling or dealing
in installment paper.
(a) Every person, other than banks, bankers, pawnbrokers
and those set forth in the following subsections of this section
engaged in the business of purchasing salaries, er-ef lending
money, or handling or dealing in installment paper, with or
without security or endorsement, shall pay a license tax of
$SeGTGO the greater of thirty dollars or fifty-eight one
hundredths of one percent of the gross receipts in such business
durinq the precedinq calendar year.
-13-
fe* (b) No license, the tax for which is set out in this
section, shall be transferable.
Section 18-92. Pawnbrokers.
(a) Every person enqaqed in business as a pawnbroker
shall pay a license tax of
as-a-merehant-that-inay-]5e-imposedr--The-lieense-ta3e-imposed-by
the greater of thirty dollars
or thirty-six one hundredths of one percent of the gross receipts
in such business during the preceding calendar year.
Section 18-99. Personal service businesses.
(a) Every person enqaged in any personal service
business shall pay a license tax equal to
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
business durinq the preceding calendar year.
Section 18-100. Photographers, film developers, etc., with no
permanent place of business in city; canvassers
or solicitors for photographers film developers,
etc.
+a* Every person engaged in the business of taking
pictures or photoqraphs or developing, copying or enlarging the
-14-
same, or both, but who has no permanent place of business in the
city, shall pay a license tax of $158709 the qreater of thirty
dollars or thirty-six hundredths of one percent of the gross
receipts attributable to such business conducted in the city
during the preceding calendar year.
Secton 18-100.1. Professional service businesses and
professions.
(a) Every person enqaged in any professional service
business or profession shall pay a license tax equal to $2s7GG
and-sixty-two the greater of thirty dollars or fifty-eight one
hundredths of one percent of the gross receipts 4n-emeess-ef
$27599799 in such business durinq the precedinq calendar year.
(b) Professional service businesses and professions
referred to in this section shall include those businesses and
professions set out below and any miscellaneous professional
service business or profession not elsewhere classified:
(1) Accounting, auditing and bookkeeping services.
(2) Dentists and dental surqeons.
(3) Engineers, architects and surveyors.
(4) Industrial desiqners.
(5) Attorneys at law.
(6) Orthodontists.
(7) osteopathic physicians.
(8) Physicians and surqeons.
(9) Gynecologists.
(10) Neurologists.
(11) Obstetricians.
(12) Oculists.
-15-
(13) ophthalmologits.
(14) Pathologists.
(15) Psychiatrists.
(16) Psychoanalysts.
(17) Radiologists.
(18) Veterinarians.
Section 18-101. Real estate and finance businesses.
(a) Every person engaged in any real estate or finance
business shall pay a license tax equal to $257GO-and the greater
of thirty dollars or fifty-five eiqht one hundredths of one
percent of the gross receipts in-exee95-0f-$27599TOO in such
business durinq the preceding calendar year.
Section 18-102. Repair service businesses.
(a) Every person engaqed in any repair service business
shall pay a license tax equal to $25TGO-anel the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts in such business during the
precedinq calendar year.
Section 18-104. Shooting galleries and archery ranges.
Every person operating a shooting gallery or archery
gallery or archery range shall pay a license tax of $45TGO
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such business during the
preceding calendar year.
Section 18-105. Taxicabs and for-hire cars.
Every person engaqed in the business of operatinq
taxicabs or for-hire cars over the streets of the city, under
provisions of this Code and other ordinances of the city
regulating the operation of taxicabs and for-hire cars, to whom a
certificate of public convenience and necessity for the operation
of such taxicabs and for-hire cars has been issued, shall pay a
license tax of
-16-
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Section 18-109. Theaters for moving pictures.
(a) Every person engaged in the business of furnishing
entertainment by the use of moving or talking pictures in a
theater or drive-in establishment where a charge is made for
admission shall pay a license tax of
the greater of thirty dollars or thirty-six
one hundredths of one percent of the gross receipts, exclusive of
any federal or city excise tax thereon, received for admissions
during the preceding calendar year. Where merchandise is sold at
any such theater, a merchant's license shall be required in
addition to the above.
Section 18-110. Theatrical performances, etc.
(a) On every theatrical performance or any performance
similar thereto, panorama or any public performance or exhibition
of any kind, except motion pictures, where an admission fee is
charged, there shall be paid a license tax of r74GTGO-fer-eaeh
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts therefrom.
Section 18-112. Trading stamps, premium coupons, etc.
(a) Every person engaged in the business of selling or
issuinq trading stamps or any similar devices to merchants or
redeeminq trading stamps or any similar devices, givinq money
-17-
rebates or other things of value therefor, shall pay a license
tax equal to the greater of thirty dollars
or thirty-six one hundredths of one percent of the value of the
trading stamps or any similar devices sold, issued or redeemed,
in such business during the preceding
calendar year.
(b) Every person who shall redeem, on behalf of any
manufacturer, premium coupons, certificates or similar devices
attached to oriqinal packages put up by such manufacturer and
sold under his trade name, brand or mark shall pay a license tax
of @+oovG@ the greater of thirty dollars or thirty-six one
hundredths of one percent on the value of the premium coupons,
certificates or similar devices.
Section 18-113. Trailer courts.
(b) Every person conducting the business of keeping a
trailer court shall pay an annual license tax equal to $lSvOG
trailer-eedrt7-aM6-4v5 the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts of
the business during the precedinq calendar year.
Section 18-114. Transportation and warehousing businesses.
(a) Every person engaged in any transportation and
warehousing business shall pay a license tax of $45TOO-and
L-wenlay-e-itthl! the greater of thirty dollars or thirty-six
one-hundredths of one percent of the gross receipts 4n-emeess
in such business during the preceding calendar
year.
Section 18-116. wrecking or salvaging automobiles.
Every person engaged in the business of wrecking or
salvaging automobiles, having an office or representative or
making contracts for work or soliciting work in the city, shall
pay a license tax of @5grOG the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 4 day of February 1985.
This Ordinance shall become effective May 1, 1985.
MES/re
01/08/85
01/2 2/8 5
01/29/85
(ORD I)
FIRST READING: January 28, 1985
SECOND',READING: February 4, 1985
February 4, 1985
-19-
- 31 -
Item II-K.11
CONSENT AGENDA ITEM # 23177
Upon motion by Councilwoman Oberndarf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate
grants totaling $23,500 from the VIRGINIA DIVISION OF MOTOR VEHICLES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings@ Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbai Aye
February 4, 1985
-31a
AN ORDINANCE TO ACCEPT GRANTS
TOTALING $23,500 FRCM TEIE VIRGINIA
DIVISICN Cr MCTOR VEHICIXS AND TO
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in iwproving
traffic safety and reducing accidents within the City of Virginia
Beach,and
WHEREAS, fcur grants totaling $23,500 are available
from the Virginia Division of Motor Vehicles for these purposes;
and
VIHEREAS, no local funds are required.
NOVI, THEREFORE, BE IT ORDAINED BY THE CCUNCIL OF THE
CITY CF VIRGINIA BEACH that funds from the above grants be accepted
and $23,500 be appropriated to carry out the programs as fcllows:
1. Child Care Restraint Distribution and
Training Progrwn - $2,000
2. EMT Training Program Enhancerent - $2,500
3. occupant Restraint/Traffic Safety Display - $9,000
4. Computer Automated Traffic Suiripons System - $10,000.
BE IT FURTHER ORDAINED that estimated revenues frcr. the
Federal Goverrunent be increased by $23,500 to finance these
appropriations.
This ordinance shall be effective from the date of adopticn.
FIRST READING: January 28, 1985
SECCND RFADING: February 4, i985
Adopted by the Council of the City of Virginia Beach on the
4 day of February 1985
-_d7,
February 4, 1985
- 32 -
Item II-F.12
CONSENT AGENDA ITEM # 23178
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Councl ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of the right-of-way of Kempsville Road to ROCK CHURCH, its
assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment
so as not to become unsightly or a hazard.
4. This encroachment shall not be iii effect until
an agreement has been executed encompassing the
above conditions.
Voting: 11-0
CouTicil 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. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votirig Nay:
None
Council Members Absent:
None
February 4, 1985
- 32a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF KEMPSVILLE ROAD, TO
ROCK CHURCH, ITS ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Rock Church, its assigns and successors in title is
authorized to construct and maintain a temporary encroachment
into a portion of the City right-of-way of Kempsville Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a flag pole and
that said encroachment shall be constructed in accordance with
the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Kempsville Road as shown on that certain
plat entitled: "ROCK CHURCH VIRGINIA
BEACH, VIRGINIA ROCK CHURCH FLAG POLE,' a
copy of which is on file in the Virginia
Beach Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary
encroachment herein authorized shall terminate upon notice by the
City of Virginia Beach to any officer of Rock Church, its assigns
and successors in title and within thirty (30) days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Kempsville Road and that Rock Church, its assigns
and successors in title shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that Rock Church, its assigns and successors in title
shall indemnify and hold harmless the City of Virginia Beach, its
agents and employees from and against all claims, damages,
losses, and expenses including reasonable attorney's fees in case
February 4, 1985
- 32b -
it shall be necessary to file or defend an action arising out of
the location or existence of such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Rock Church executes an agreement with the
City of Virginia Beach encompassing the afore-mentioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of February 19 85.
MES/re
12/17/8 4
(29H)
.,y
-2-
February 4, 1985
lit
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L*SICNLD JLC ROCK CHURCH VIRGINIA BEACH, VIRGINIA
THE CIGG PARTNERSHIP
UKAWN FEW
CEGG ROCK CHURCH FLAG POLE
CHLCKLU ABG
NOV@MBER 14,1984 AP@ED JLC SHEET I OF 3
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SECTION
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FOUNDATION DETAIL
NO SCALE
I)(SgNLD JLC ROCK CHURCH VIRGINIA BEACH, VLRGWIA
THE CECC PARTNERSHIP
DKAWN FEW
CEGG I.,..IA ROCK CHURCH FLAG POLE
CHICKEU ABG
NOVEMBER 14,1904 APPKOVLD JLC SHEET I OF 3
GENERAL NOTES
1. MATERIALS AND DESIGN STRESSES:
CONCRETE F'c - 3500 PSI
STEEL F'y - 36 KSI
2. STEEL PLATE SHALL CONFORM TO ASTM A36.
3. CORRUGATED TUBE SHALL BE GALVANIZED 16 GAUGE STEEL, AND CONFORM TO
AASHTO M36 OR M218.
4. SEALANT SHALL BE POLYURETHANE CONFORMING TO ASTM C 920, TYPE S OR M.
GRADE P, CLASS 25, USE T.
5. HARDWOOD WEDGES SHALL RECEIVE A PRESERVATIVE TREATMENT IN ACCORDANCE
WITH AWPA STANDARDS.
6. ALL WELDING SHALL BE IN ACCORDANCE WITH AWS Dl.l.
7. CONCRETE SHALL BE ALLOWED TO CURE FOR 14 DAYS BEFORE FLAG POLE IS
ERECTED. THE FLAG POLE SHALL BE CENTERED PLUMB AND TRUE IN THE
CORRUGATED STEEL TUBE WITH HARDWOOD WEDGES. THE TUBE SHALL THEN BE
FILLED WITH SCREENED DRY SAND AND THOROUGHLY TAMPED IN 6-INCH LIFTS. THE
TAMPED SAND SHALL BE SEALED AGAINST MOISTURE WITH 2 INCHES OF SEALANT.
LtS@D JLC ROCK CHURCH VIRGINIA BEACH, VIRGINIA
THE CEGG PARTNERSHIP
UKAWN FEW
CEGG ROCK CHURCH FLAG POLE
CHLC$:fD ABG
NOVEMBER 14,1984 APMOVED JLC SHEET 3 OF 3
- 33 -
Item II-F.13
CONSENT AGENDA ITEM # 23179
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of the right-of-way Pacific Avenue and 10th Street to THOMAS
M. MURPHY, his heirs, assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so as
not to become unsightly or a hazard.
4. The owner must submit and have approved a traffic
control plan before commencing work within the City's
right-of-way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-of-way.
6. This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
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.1 Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndarf
Council Members Voting Nay;
None
Council Members Absent:
None February 4, 1985
*Verbal Aye
- 33a
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY PACIFIC AVENUE AND 10TH
STREET TO THOMAS M. MURPHY, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Thomas M. Murphy, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Pacific Avenue and 10th
Street.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining underground
footings and pilings for an addition to Murphy's Emerald Isle
Motel and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion
of the City's right-of-way known as
Pacific Avenue and 10th Street, on the
certain plat entitled: 'A 50 UNIT
ADDITION TO MURPHY'S EMERALD ISLE MOTEL,'
a copy of which is on file in the
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Thomas M. Murphy, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Pacific Avenue and 10th Street and that Thomas M.
Murphy, his heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
February 4, 1985
- 33b
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Thomas M. Murphy, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Thomas M. Murphy executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of February 19 85
MES/re
11/28/8 4
(29C)
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT
AS
&r 1,0
I SIGNATU
CITY ATTORNEY
-2-
February 4, 1985
33c
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February 4, 1985
- 34 -
Item II-F.14
CONSENT AGENDA ITEM # 23180
Upon motion by Councilwoman Oberndarf, seconded by Councilman Baum, City
Council APPROVED the Low Bid of INNER-VIEW, LTD., in the amount of $851,463
for the NORTH BEACH STORM DRAINAGE SYSTEM, PHASE II; AND, AUTHORIZED the
City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.@ Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
February 4, 1985
- 35 -
Item II-F.15
CONSENT AGENDA ITEM # 23181
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED the following Raffle Permit:
JAMES K. COLE MEMORIAL SCHOLARSHIP FUND
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.@ Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
February 4, 1985
- 36 -
Item II-L.1
TJNFINISIIED BUSINESS ITEM # 23182
COX CABLE PRESENTATION
Roger Pierce, Vice President and General Manager of Cox Cable,
spoke in support of the Rate Increase and noted that he was remiss in not
advising the City that at the request of local partners, Corporate headquarters
would conduct an evaluation to determine the company's value and a possible
stock "buy-back" arrangement.
Robert N. Redella, Corporate Director of Investment Planning (Atlanta Office),
presented a visual display (copy of said display is hereby made a part of
record). Mr. Redella advised Cox Cable Communications is purchasing the
shares from the Local Partners, not Cox Cable Virginia Beach. The rate
increase proposal is based on Cox Cable Virginia Beach's attempt to obtain
a fair return on its OPERATING ASSETS only.
Neal Barronton, Corporate Financial Analyst, also presented a visuai display
(copy of said display is hereby made a part of the record). Mr. Barronton
addressed Cox's Rate Evaluation and emphasized Cox Communications is
the parent company and provides the funds for ail of its subsidiaries.
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED the following Resolution:
A RESOLUTION ANNULLING AUTHORIZATION GRANTED
TO COX CABLE VIRGINIA BEACH, INC., TO INCREASE
THE MONTHLY RATE CHARGED TO SUBSCRIBERS FOR BASIC
SERVICE.
On January 14, 1985, City Council had granted AUTHORIZATION to COX CABLE VIRGINIA
BEACH to increase its rate for basic monthly service.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. 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 February 4, 1985
36a -
A RESOLUTION ANNULLING AUTHORIZATION
GRANTED TO COX CABLE VIRGINIA BEACH, INC.
TO INCREASE THE MONTHLY RATE CHARGED TO
SUBSCRIBERS FOR BASIC SERVICE
WHEREAS, Cox Cable Virginia Beach, Inc., applied to
City Council for authorization to increase the rate charged to
subscribers for basic service from $9.24 per month to $10.50 per
month; and
WHEREAS, as required by the CATV Ordinance, adopted by
City Council on May 17, 1976, a scheduled renegotiation session
and public hearing were held to consider the application; and
WHEREAS, during said scheduled renogotiation session
and public hearing, Cox Cable Virginia Beach presented a
financial report to City Council in support of its contention
that the rate increase was necessary in order for Cox Cable
Virginia Beach to gain a reasonable return on its investment;
and
WHEREAS, based on said report and on oral representa-
tions made to City Council concerning the need for the requested
increase, City Council did, on January 14, 1985, grant authoriza-
tion to Cox Cable Virginia Beach to increase its rate for basic
monthly service; and
WHEREAS, City Council granted authorization of said
increase in reliance on financial information presented by Cox
Cable Virginia Beach which was presumed to represent a full
disclosure of the financial status of Cox Cable Virginia Beach;
and
WHEREAS, within one week of granting authorization for
the requested increase, City Council was informed by sources
other than Cox Cable Virginia Beach that Cox Cable Virqinia
Beach's parent company, Cox Cable Communications, Inc., was
negotiating a stock redemption of the stock of local investors at
a return on investment of 450%; and
WHEREAS, City Council was further informed that said
negotiations began in March 1984; and
February 4, 1985
36b -
WHEREAS, the failure of Cox Cable Virginia Beach to
provide information regarding the proposed stock redemption,
prior to January 14, 1985, effectively denied City Council the
benefit of a full financial disclosure in making the decision to
grant or deny the rate increase request; and
WHEREAS, City Council has reviewed the additional
information which was not provided prior to the January 14, 1985,
and has determined that if said information had been provided
prior to January 14 1985, the rate increase qranted on that date
would not have been granted,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the authorization granted to Cox Cable Virginia
Beach, Inc., on January 14, 1985, to increase the monthly rate
charged to subscribers for basic service is hereby annulled.
Adopted this 4 day of February 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
RES.3
2/4/85
February 4, 1985
- 3 7 -
Item II-L.2
UNFINISHED BUSINESS ITEM # 23183
REPORT OF BOND REFERENDUM
COMMITTEE
The City Manager advised the Report of the BOND REFERENDUM COMMITTEE will
be presented at a later Council Meeting.
February 4, 1985
- 38 -
Item II-M.1
NEW BUSINESS ITEM # 23184
"FORWARD, @TON ROADS"
By CONSENSUS, the Presentation: "FORWARD, HAMPTON ROADS", sponsored by Council-
woman Nancy Creech, was DEFERRED to the February 11, 1985, City Council Meeting.
This Presentation will be conducted from 12:30 to 1:00 p.m., prior to Council's
EXECUTIVE SESSION.
February 4, 1985
- 39 -
Item 11-M. 2
NEW BUSINESS ITEM # 23185
INTERIM FINANCIAL STATEMENTS
JULY 1, 1985 through
DECEMBER 31, 1985
Giles Dodd, Assistant to the City Manager for Administration, was in
atteDdance to respond to any inquiries concerning the INTERIM FINANCIAL
STATEMENTS for the period July 1, 1984 through December 31, 1984.
Mayor Heischober advised REVENUES were $4.8 MILLION ahead of expectancy
and EXPENDITURES were $9.3 MILLION less than expectancy.
February 4, 1985
- 40 -
Item II-M.3
NEW BUSINESS ITEM # 23186
RESORT AREA ADVISORY COMMISSION
STAFF POSITIONS
Michael J. Barrett, Assistant to the City Manager for Citizen Affairs,
presented City Council a report on the RESORT AREA ADVISORY COMMISSION
STAFF .
Mr. Barrett will serve as Director of the IMMEDIATE ACTION PROGRAM of the
RESORT AREA ADVISORY COMMISSION. The funds necessary to fund these positions
has been reduced. A Budget will be provided for this continuing operation
beginning July 1, 1985.
Mr. Barrett advised that a main priority of the Staff will be to report to
City Council on a ninety-day basis concerning the accomplishments of this
program.
RESORT AREA ADVISORY COMMISSION STAFF
*ASSISTANT TO THE CITY MANAGER $51,672
CODE ENFORCEMENT COORDINATOR $26,532
MANAGEMENT ANALYST 1 $19,224
ADMINISTRATIVE ASSISTANT Ill $19,704
PLANNER I $20,712
SECRETARY IV $14,640
SECRETARY I $10,344
MOTOR EQUIPMENT OPERATOR $12,312
ZONING INSPECTOR $15,768
*Position already established in the City Manager's office
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council APPROVED the STAFF POSITIONS for the IMMEDIATE ACTION PROGRAM of the
RESORT AREA ADVISORY COMMISSION.
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
(City Council had requested on January 7, 1985, prior to the employment of
any PERSONNEL for the IMMEDIATE ACTION PROGRAM of the RESORT AREA ADVISORY
COMMISSTON, the City Manager review his proposals with the City Council
for their FINAL APPROVAL. (See Item # 23014, Minutes of January 7, 1985).
February 4, 1985