MARCH 7, 1983 MINUTES
"1/2NORLD'S LARGEST RESORT CITY"
CIT@' COUNCIL
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VICE-'I.AYOR li@IRIJARA M. HENLEY, P@@g@
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CITY COUNCIL AGENDA
@larch 7, 1983
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. @IOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTA-ION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion bx Mayor.
2. Matters for discussion by Council.
3. Revie74 of Planning Items.
E. CITY K4,NAGER'S ADMINISTRATIVE ITEMS:
1. North Beach Drainage Phase II: Briefing.
2. Landfill No. 2: Briefing by Mr. Robert J. Scott, Director
of Planning Department.
3. Business, Professional and Occupational License Tax
Conversion: Discussion. (See Formal)
4. Review of Consent Agenda.
ITEM II FOLMAL SESSION: 2:00 p.m.
A. INVOCATION: Captain Clarence E. LeMasters
Chaplain
Chapel, Oceana Naval Air Station
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A'IERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. @lotion to accept/approve the Minutes of February 28, 19S3.
E. PUBLIC HEARING
1. Continued from February 28, 1983: Community Development
Ninth Program Year
F. CONSE14T AGENDA
All matters listed under the Consent Agenda are considered in the
ordinarv course of business by City Council and will be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Ordinance to amend and reordain Section 11-9 of the Code
of the City of Virginia Beach pertaining to rental
charges and periods for the Farmer's Market.
2. Ordinance to transfer Capital Project Funds of $300,000
from Chesapeake Beach Drainage Project (C.I.P. 2-817)
to the development of Independence and Buckner Boulevards
(C.I.P. 2-995).
(This matter was deferred for one week on February 28,
1983.)
3. Ordinance approving the terms and conditions of an agree-
ment for consulting services between the City of Virginia
Beach and Roy Mann Associates, Inc.; Authorizing and
directing the City Manager to execute the approved agree-
ment and authorizing the City Manager to implement the
terms and provisions of the approved agreement and trans-
ferring funds of $150,000.
4. Ordinance, on SECOND READING, to appropriate funds of
$1,688,828 to establish a School Textbook Rental Fund FY
1982-83 Budget.
5. Ordinance, on SECOND READTNG, to appropriate funds of
$1,010.00 for the Tidewater Builders Association Schol-
arship House.
6. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 24th Street to Sandollar
Associates.
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of a City 15' paper street
to Allen Richter, his heirs, assigns and successors in
title.
ITEM II F. CONSENT AGENDA (Cont'd)
8. Ordinance to authorize a temporary encroachment into
a portion of the ri@ht-of-@iay of the southwest corner
of Independence Boulevard and Ewell Road to Lake Smith
Terrace Garden Club.
9. Ordinance to authorize a temporary encroachment into a
portion of the right-of-iqay of Regency Drive to the
Regency Apartments.
10. Raffle Permits:
Kings Grant Elementary School PTA
Bayside Junior High School Band Parents' Association
Kin.@ston PTA
Bayside High School Band Parents' Association
G. PLANNING ITEMS
1. Ordinance closing, vacating and discontinuin@. a portion
of Shore Drive located west of Croix Drive in the petition
of Virginia Beach Resort Conference Hotel (Lynnhaven Borough).
a. Letter from the City @lana@.er transmits the
recommendation of the Planning Commission,
and the Viewers concur, for denial.
2. Ordinance closing, vacating and discontinuing a portion
of Shore Drive located west of Beech Street in the petition
of Bay Front Associates, Ltd. (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recor,unendation of the Planning Commission,
and the Viewers concur, for denial.
H. ORDINAINCE
1. Ordinance to amend and reordain Sections 18-52(a), 18-53(a)
through (c), 18-55(a), 18-56(b) and (c), 18-73(a), 18-75(a),
18-80(a), 18-85, 18-88(a), 18-89(a), 18-91(c), 18-99(a),
18-100.1(a), 18-101(a), 18-102(a) and 18-113(b) of the Code
of the City of Virginia Beach relating to Business, Profes-
sional and Occupational License Taxes.
City Manager recommends approval.
I. LTNFINISHED BUSINESS
1. Request of R. G. Moore Building Corporation for waiver of
restrictions on a 35.5-acre parcel, Bay Lake Beach - Ocean
Park area, Bayside Borough ("Water Oaks")
J. NEW BUSTQESS
K. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 March 1983
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Louis R. Jones
in the Conference Room, City Hall Building, on Monday,
7 March 1983, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 2 -
ITEM #19565
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the
following purposes:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
3. LEGAL MATTERS: Consultation with legal counsel or
bri fi-gs by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Vice Mayor Henley,
City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 3-
M A T T E R S B Y T H E M A Y 0 R
CITY FUNCTIONS ITEM #19566
Mayor Jones thanked the following Council Members for attending
City functions on behalf of the City of Virginia Beach during
the month of February 1983, and thanked Vice Mayor Henley for
presiding over the Council Meeting of February 28, 1983, during
his absence:
February 02 - Council Members J. Henry McCoy, Jr.,
Meyera E. Oberndorf, Nancy A. Creech,
and Robert G. Jones attended the
groundbreaking for Loehmanns Plaza on
Virginia Beach Boulevard, east of
Willis Wayside.
February 04 - Councilman Robert G. Jones represented
the Mayor at the ribbon cutting at
Lynnhaven Mall on Vocational Educational
Week.
February 04 - The Virginia Beach Research and Advisory
Council held its annual banquet at Tandoms.
Those attending from the Council were
Council Members Harold Heischober, Nancy
A. Creech, John A. Baum, H. Jack Jennings,
Jr., and Vice Mayor Barbara M. Henley.
Council Members Robert G. Jones and
Meyera E. Oberndorf attended the reception
preceeding the dinner.
February 04 - The Fraternal Order of Firefighters,
Inc., h@ld their annual banquet the
same night at the Lone Pine Restaurant.
it was attended by Councilwoman Meyera
E. Oberndorf. Councilman Robert G.
Jones attended the reception.
February 06 - Councilwoman Meyera E. Oberndorf attended
a Black Bistory Concert at Little Creek
Amphibious Base Theatre.
February 10 - Councilwoman Meyera E. Oberndorf
represented the Mayor at The Virginia
Orchestra League's Fan Fare 2000 held
at the Norfolk Scope.
February 19 - Councilwoman Meyera E. Oberndorf
represented the Mayor at the ribbon
cutting for the new Pizza Hut at
Kempsville and Indian River Roads.
February 26 - Vice Mayor Barbara M. Henley represented
the Mayor at the Windsor Community Girl
Scout International Fiesta.
February 28 - Council Members Nancy A. Creech, H. Jack
Jennings, Jr., John A. Baum, Harold
Heischober, and Meyera E. Oberndorf
attended the dedication ceremonies of
the new addition to Stihl, Inc.
- 4 -
BASKETBALL PRACTICE ITEM #19567
Mayor Jones announced the Basketball Classic will be held on
March 11, 1983, and Coach J. Henry McCoy, Jr., has called a
practice session for Tuesday, March 8, 1983, at 8:00 a.m.,
at the Kempsville Recreational Center.
TWENTIETH BIRTHDAY ITEM #19568
Vice Mayor Henley advised notices are going out to the citizens
of Virginia Beach advising them of the Twentieth Birthday
Celebration and presented Council a copy of the invitation list
and requested if there are other groups or individuals who should
be invited please notify her as soon as possible.
KNOTTS ISLAND ITEM #19569
Vice Mayor Henley made reference to the application of John H. and
Thomas F. Gray for a variance on the east side of Knotts Island
Road, north of the Virginia-North Carolina State Line coming before
City Council on March 28, 1983, and noted in that area people
subdivide their property somewhat differently and requested the
Planning Department study the area and make recommendations to
City Council concerning variances in the Knotts Island area.
WEAPONS ORDINANCE TTEM #19570
Councilman Baum advised that during last week's Council Meeting
(February 28, 1983), the Weapons Ordinance was deferred for
ninety days to permit the staff to meet with the citizens on
this matter.
Councilman Baum requested this matter be brought back sooner
as the citizens interested in this Ordinance would like to see
the entire Ordinance repealed.
The City Manager advised the staff was researching several questions
asked by Members of Council regarding the various reasons for changes
in the Ordinance and as soon as the study is complete the Ordinance
will be brought back to Council.
3 / 7 / 8 3
- 5 -
NATIONAL LEAGUE OF CITIES ITEM #19571
Councilwoman Oberndorf advised she attended the Steering Committee
on Energy, Environment and Natural Resources for the National
League of Cities and noted people are concerned about clean air,
water and the disposal of toxic waste; however, more people
attended the Sunday session on the deregulation of natural gas
as consumers are going to be directly affected by the price of
"take and pay".
Councilwoman Oberndorf advised that Richard Fortuna, House
Energy and Commerce Committee, who was discussing "super
fund sites" which are toxic waste sites and there is still
an unrestricted disposal of hazard waste and there are no
Federal regulations in effect to prevent another Tines Beach.
TASK FORCE/DRUNK DRIVING ITEM #19572
Councilman Heiscbober advised that during December of 1982 he
attended a meeting in Richmond, Virginia, pertaining to the
problem of "driving under the influence" and noted that momentum
is building up at all levels of government to establish DUI counter-
measures, including federal legislation (Howard/Barnes Bill),
appropriating $125-Million to support those activities.
City Council has already approved the concept of a City Task Force
to be chaired by Lillian DeVenney. Mrs. DeVenney has agreed and
recommends to City Council the following people as Members of the
full Committee:
Chairlady - Mrs. Lillian DeVenney
Police - Paul J. Lanteigne
James E. Howland
Clergy - Reverend Barnett Thoroughgood
Chaplain (Retired) Walter L. Gallup
Education - Garland Jackson
PTA - Delores Delaney
Military - Captain Paul L. Hryskanich, USN
Commander Howard W. Childress, USN Ret.
Colonel Jim Blewster, USA
Transportation - Tench Phillips
Substance
Abuse - Margaret Glisson
Medical - Gail Lossee, Nurse
Robert Waddell, Doctor
-6 -
Victim - Lauren Mundt
Emergency
Services - Ed Hanson
Insurance - Frank Pennella (GEICO)
Media - Russ Redmond
Attorney - Gus Spanoulis
Beer
Disbributor - Larry Sutton
Mayor Jones appointed the above mentioned people as an Ad Hoc
Committee and advised that Councilman Heischober will act as
liaison between this Committee and City Council.
WEDNESDAY AGENDA ITEM #19573
Councilman Heischober requested the City Manager to "poll the
Members of this Council to determine if the Wednesday Agenda
distribution is working". There is a cost benefit relationship
as more material is being disbributed during the Council
Meetings, sp@cial courier deliveries and overtime costs.
Councilman Jennings requested when reports are received by City
Council the staff prepare a one page summary of the report.
CHARLES BOWDEN ITEM #19574
Councilman Kitchin made reference to a letter received from
Charles Bowden requesting permission to appear before City
Council today (March 7, 1983), to discuss possible waiver of
City water and sewer on four (4) lots in Thoroughgood, Bayside
Borough.
Councilman Kitchin advised he will sponsor Mr. Bowden under NEW
BUSINESS.
- 7 -
COX CABLE MAGAZTNE ITEM #19575
Councilman Jennings advised Council he has received several
telephone calls from citizens complaining about Cox Cable
charging $1.00 for the Cable TV Guide which previously has
been free and noted this charge will be increased March 10,
1983, to $2.00.
Councilman Ifeischober requested the City Manager investigate
the revenues they will derive from magazine advertising. He
expressed concern that advertising fees might be included in
Cox Cable's gross revenues.
The City Manager advised he will investigate this matter and
report back to City Council.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E T T E M S
NORTH BEACH DRAINAGE PROJECT ITEM #19576
The City Manager asked C. Oral Lambert, Director of Public Works,
and Donald Trueblood, City Engineer, to make a presentation on
the North Beach Drainage Project.
Mr. Trueblood advised that due to the strong negative public
response to the recently constructed weir type beach outfall
at the end of 79th Street, the Department of Public Works
requested the design consultant (Baldwin and Gregg, Ltd.) to
reinvestigate alternative outfall types and locations for the
remaining phases of the North Beach Drainage project. This
presentation is based an their recommendation and a thorough
review by this Department of drainage policy and its
applicability to this project area.
The various outfall alternatives studied by the consultant
included several types of ocean outfalls which would discharge
at or beyond the surf zone as described below:
1. Underground pipe to mean low water, then above
sea level to point of discharge supported by
piles.
2. Underground pipe leading to a submerged outfall
structure beyond normal swimming zone.
3. Underground pipe beyond swim zone with outlet
above sea level (fountain outlet).
4. Underground pipe with discharge at mean low
water line.
3 7 8 3
-8 -
These alternatives are considered infeasible due to the high
construction and maintenance costs that would be involved in
any system placed in the surf zone or on the ocean floor.
Discharging into inland waterways is only applicable to Phases
III, IV and V and has been incorporated into the proposed
phasing.
The proposed phasing is an attempt to reduce the number of
beach outfalls by utilizing a reduced design storm for sizing
the collection and discharge systems. Present City criteria
requires the use of a minimum 10-year design storm in
determining the size of the pipes used in a drainage system.
This means that a drainage system is sized to accommodate the
peak runoff from a storm that, on an average, occurs once in
a 10-year period. The reduced design storm concept is based
on using the peak runoff from a storm that occurs more
frequently and involves less total rainfall, in sizing a
drainage system.
The primary purpose of utilizing the reduced design storm
concept is the reduction in the number of outfalls required
to serve the area. Under the existing plan, a total of five
(5) outfalls are necessary. All of these outfalls are
presently planned to utilize the weir type beach outfall as
constructed with Phase 1. Utilizing the reduced design
storm concept, only one additional outfall will be required.
This outfall is proposed to discharge into Crystal Lake;
however, if the environmental imact is determined to be
unacceptable, this outfall would have to be located on the
oceanfront.
If the recommended phasing is approved by City Council, Phase II
project can be redesigned and prepared for advertisement of con-
struction bids by September 1983.
COST COMPARISON*
PHASE EXISTING PROPOSED
I Completed Completed
ii $1,578,000 $1,650,000
iii $1,855,000 $1,780,000
iv $1,716,000 $ 385,000
v $1,819,000 $1,685,000
Total $6,968,000 $5,500,000
Difference is = $1,468,000 (21% Savings)
*Costs are estimated based on preliminary data and are for
comparison only.
- 9 -
PROPOSED PHASING - NORTH BEACH DRAINAGE
PHASE I: Same as existing phasing, project has been
constructed.
PHASE II: 83rd to 89th Streets and 74th to 68th Street .
Gravity collection system in side streets
w/gravity trunk line along Atlantic Avenue
tying into gravity trunk lines for Phase I.
This would allow for utilization of existing
pump station and outfall structure.
PHASE IIT: Pump Station at 61st Street with discharge force
main down Atlantic Avenue to 49th Street and into
Crystal Lake, also install a gravity trunk line
along Atlantic Avenue, north and south of the
pump station tying into the existing drainage
systems.
PHASE TV: 58th to 67th Streets, gravity collection system
in side streets tying into gravity trunk line
built with Phase TTI project.
PHASE V: 49th to 57th Streets, gravity collection system
in side streets with gravity trunk line down
Atlantic Avenue to:
a. the Phase TII pump station, or
b. a pump station at 54th Street with
discharge through same force main
constructed with Phase III.
Mr. Lambert advised general public workshops and subcommittee
meetings will be held prior to meeting with the North Virginia
Beach Civic League.
LANDFILL NUMBER TWO ITEM #19577
Robert J. Scott, Planning Director, spoke before City Council
concerning zonings in the area of Landfill Number Two. Mr.
Scott advised the City is going ahead with plans to expand
the Landf ill and , at some time in the f uture convert the Landf ill
into a recreational facility.
The zoning category in the area of the Landfill is R-8 Residential
District. No zoning category in the City allows, as such, a land-
fill; however, many zoning categories in the City, including the
R-8 District permits a land use (public buildings and grounds).
-10-
There are three ways to address the problem:
1. Amend the Comprehensive Zoning Ordinance to
permit landfills as a conditional use (not
recommended)
2. Amend the Comprehensive Zoning Ordinance but
NOT in the R-8 District (not recommended)
3. Go ahead as is and develop under the existing
zoning under the concept of public buildings
and grounds (staff recommended)
LICENSE TAX CONVERSION ITEM #19578
The City Manager advised in 1978 the Virginia General Assembly
amended Section 58-266.1 of the Code of Virginia imposing
ceilings on all local business, professional and occupational
license taxes througbout the State. These ceiling rates would
be applicable to all license tax years beginning on and after
January 1, 1983, (the City's license year is May I through
April 30).
The State Department of Taxation has developed guidelines
identifying:
a. The ceiling rates and the types of businesses
included under each,
b. The local licenses which are exempt from the
ceiling rates
C. The criteria which would determine whether or
not a locality is required to make the rate
conversions.
In addition, the Department of Taxation has provided information
describing the process which localities required to make the
conversion may utilize in order to alter the local rates gradually
rather than all at one time.
A report prepared by the Research Team advised a loss of $600,000
in revenues in the 1983-84 license year which will be felt in the
1982-83 fiscal year. This amount had previously been reflected
in Fy 1983 budget projections.
- I 1 -
CONSENT AGENDA ITEM #19579
It was the consens,,s of City Council to remove from the Consent
Agenda II-F.1, the ordinance to amend and reordain Section 11-9
of the Code of the City of Virginia Beach pertaining to rental
charges and periods for the Farmer's Market, to receive input
from the Director of Agriculture, E. R. Cockrell, Jr.
City Council RECESSED into EXECUTIVE SESSION, (1:40 p.m.)
I
- 1 2 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 March 1983
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones*, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
INVOCATION: Captain Clarence E, LeMasters
Chaplain
Chapel, Oceana Naval Air Station
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*MAYOR JONES VOICED A VERBAL "PRESENT"
- 1 3 -
M I N U T E S
ITEM II-D.1 ITEM #19580
Upon motion by Councilman Jennings, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of the
Regular Meeting of 28 February 1983 as corrected.
Item #19525 - ...it was necessary to def-er
continue this Hearing ...
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 14 -
P R E S E N T A T I 0 N
ITEM #19581
Mr. Glen Bond, National Fish and Wildlife Services, Back Bay
National Wildlife Refuge, presented a check to the City of
Virginia Beach in the amount of $114,358, in behalf of the
Fish and Wildlife Services for property owned by the Services
entitled Back Bay National Wildlife Refuge and that portion of
Mackay Island in the City of Virginia Beach. This check is in
lieu of taxes, and represents 90.6% of what the taxes would have
been.
P U B L I C H E A R I N C
ITEM II-E.1 ITEM #19582
Mayor Jones advised this is a CONTINUATION of the Public Hearing
concerning Community Development Ninth Program Year.
Councilwoman Oberndorf read the following letter:
"FROM: The Citizens Advi.sory Committee for
Housing and Community Development
TO: The Honorable Mayor
Me@ers of Council
"Dear Council Members:
"The Citizens Advisory Committee for Housing and
Community Development met in special session on
March 1, 1983, to consider recommendations for
the Ninth Program Year of Community Development
funding.
"In keeping with its goal of water, sewer, streets
and decent housing for all the citizens of Vi.rginia
Beach, the Committee respectfully submits the
following recommendations:
Burton Station - $ 75,000 for site drainage
Gracetown - $ 27,010 for r@design and
right-of-way acquisition
Mill Dam - $810,668 for right-of-way
acquisition and construction
Newsome Farms - $100,000 for right-of-way
acquisition
Queen City - $100,000 for right-of-way
acquisition
Reedtown - $441,500 for right-of-way
acquisition and construction
Seatack - $140,000 for right-of-way
acquisition
Total $1,694,178
1 5 -
"The CAC is happy to report the completion of the
reflect the availability of previously allocated
funds for the projects.
"If there are any questions concerning the recornmendations
of the Committee, please contact Mr. Moore of the Office
of Housing and Community Development for he is fully
cognizant of the informtion and discussion that led to
their adoption of the Committee."
Very truly yours,
John Perry
Chairman
The City Manager was directed to meet with the Citizens Advisory
Committee and bring recommendations back to City Council.
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19583
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of
II-F.1 which will be considered separately.
Vot ing: 9 -0
Council Members Voting Aye:
- 1 5 -
"The CAC is happy to report the completion of the
Beecbwood and Doyletown projects. Also, the small
amounts indi.cated for several of the programs
reflect the availability of previously allocated
funds for the projects.
"If there are any questions concerning the recomendations
of the Committee, please contact Mr. Moore of the Office
of Housing and Community Development for he is fully
cognizant of the inforniation and discussion that led to
their adoption of the Committee."
V@ry truly yours,
John Perry
Chairman
The City Manager was directed to meet with the Citizens Advisory
Committee and bring recommendations back to City Council.
C 0 N S E N T A G E N D A
ITEM II-F TTEM #19583
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of
II-F.1 which will be considered separately.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
- 1 6 -
ITEM 11-F.2 ITEM #19584
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to transfer
Capital Project Funds of $300,000 from Chesapeake Beach
Drainage Project (CIP 2-817) to the development of Independence
Boulevard and Buckner Boulevard (CIP 2-995). (This matter was
deferred for one week on February 28, 1983).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
1 7 -
AN ORDINANCE TO TRANSFER CAPITAL
PROJECT FUNDS OF $300,000 FROM
THE CHESAPEAKE BEACH DRAINAGE
PROJECT(C.I.P. 2-817) TO THE
DEVELOPMENT OF INDEPENDENCE AND
BUCKNER BonEVARDS(C.I.P. 2-995)
WHEREAS, Woods Green Run, Inc., is developing certain
real property in Green Run Subdivision; and
WHEREAS, the development of the property requires the
construction of certain roads including Buckner Boulevard and
a portion of Independence Boulevard; and
WHEREAS, in accordance with the City's Major Right-of-Way
Improvement Policy the developer has agreed to construct these
roads, and the City will reimburse the developer those costs
incurred which exceed the cost to construct a standard sub-
division street(with regard to Independence Boulevard) and
a standard collector street(with regard to Buckner Boulevard);
and
WHEREAS, based on bids received by the developer to
construct these two boulevards, the City's participation in
the construction costs is estimated to approach $300,000; and
WHEREAS, funding is available from the Chesapeake Beach
Drainage Project due to the reduced scope of the project as
requested by the residents of the area during a public hearing
on December 15, 1982.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that Independence Boulevard Phase VI A, for the
development of Independence and Buckner Boulevards, is hereby
approved as a capital project and that capital project funds of
$300,000 are hereby transferred from Chesapeake Beach Drainage
Project(C.I.P. 2-817) to Independence and Buckner Boulevards
(C.I.P. 2-995) as the City's cost for participation.
Adopted by the Council of the City of Virginia Beach on
Seventh day of March 1983.
JDB:jh APPIZOVED AS TO C
51G@'iATURZ
- 18-
ITEM II-F.3 ITEM #19585
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance approving the terms
and conditions of an agreement for consulting services between
the City of Virginia Beach and Roy Mann Associates, Inc.;
Authorizing and directing the City Manager to execute the
approved agreement and authorizing the City Manager to implement
the terms and provisions of the approved agreement and trans-
ferring funds of $150,000.
Vot ing: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
1 9 -
AN ORDINANCE APPROVING TIIE TERMS AND
CONDITIONS OF AN AGREEMENT FOR CON-
SULTING SERVICES BETWEEN THE CITY OF
VIRGINIA BEACH AND ROY MANN ASSOCIATES,
INC.; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE THE APPROVED
AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO IMPLEMENT THE TERMS AND
PROVISIONS OF THE APPROVED AGREEMENT
AND TRANSFERRING FUNDS OF $150,000.
WHEREAS, the City of Virginia Beach and Roy Mann
Associates, Inc., have reached an accord for consultaht
services in preparing the Back Bay Watershed Management
Plan; and
WHEREAS, it is the desire of the Council of the
City of Virginia Beach to'impl6ment the contract, dated
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
THAT the terms and conditions of the agreement, a
copy of which is attached hereto, are hereby approved.
The City Manager is authorized and directed to
execute the agreement on behalf of the city.
The City Manager is authorized and directed to
implement and carry out the terms and provisions of the
approved agreement.
The Back Bay Watershed Management Plan is hereby
approved as a capital project and Revenue Sharing funds
totaling $150,000 are hereby transferred from the
following projects to the Back.Bay Watershed Plan
(project 2-996):
Project 2-815 Stumpy Lake Drainage
and Outfall $ 74,868
Project 2-823 Salem Canal
Improvements 75,132
Total $150 000
This ordinanceshall be effective from and after its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventh day of March, 1983
-20 -
CONSULTANT AGREEMENT
THIS AGREEMENT is made this 15th day of March, 1983, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation hereinafter
referred to as "City" and ROY MANN ASSOCIATES, INC., hereinafter referred
to 6s "Contractor".
W I T N E S S E T H
That for and in consideration of the following mutual convenants and
agreements contained herein, the parties hereto agree as follows:
The Contractor will prepare the Back Ba,y Watershed Management Plan
per attached description (see "Exhibit A") Interview Presentation - En-
vironmental Planning and tlanagement Services for a Back Bay Watersh d@
Mana2ement Plan prepared by the Contractor on January 5, 1983.
Following completion of responsibilities under this agreement, the
Contractor will be paid upon invoice 'the sum of $150,000 for the time per-.
iod March 15, 1983 through March 15, 1984 to be paid in the folloviing in-
stallments: $50,000 at project co'mmencement, $40,000 at the end of June,
1983, $40,000 at the end of September, 1983, $10,000 at the end of Decem-
ber, 1983, and the balance of $10,000 upon completion of the project in
March,1984.
Environmental planning and management services to be performed by the
Contractor in accordance with THIS AGREEMENT shall begin within five (5)
days after receipt of official notice from the CITY to proceed with the
work.
The City reserves the right to teminate THIS AGREEMENT in whole or in
part at any time, after providing the Contractor fifteen (15) days advance
notice in writing at which time the Contractor shall discontinue all work
and services and upon payment of all amount owed to the Contractor, shall
deliver to the CITY all surveys, analyses 6r other data completed or par-
tially completed, and that these shall become and remain the property of
the CITY. In the event THIS AGREEMENT is so terminated, payment shall be
made on the basis of the actual percent complete on the effective date of
terTni nation.
The Contractor hereby covenants and agrees to indemnify and hold
harmless the City of Virginia Beach from and against all losses and costs
incurred as a result of claims, demands, payments, suits, actions, recover-
ies, and judgements of every nature and description which are brought or
recovered against@the City, its agents or employees, by reason or any acts
of omissions by the Contractor or those acting in or on their behalf in the
desigh or execution of the work represented by tllis Agreement.
In the event any provision of this Agreement is found to be unenforce-
able by a court of law, the remainder of this Agreement shall remain in full
force.
The Contractor agrees not to assign or subcontract its responsibilities
under this Agreement to any third party without the express, written per-
mission of the City.
3/7j83
2 1 -
IN WITNESS WHEREOF, the parties hereto have executed and
sealed THIS AGREEMENT as of the daY and year first above written.
ROY MANN ASSOCIATES, INC.
Date:
SEAL (IF INCORPORATED)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
a Notary Public in and for the City
and State aforesaid, do hereby certify that
of
whose name is signed to the writing above, bearing date on
has acknowledged the same before me in my City and State aforesaid.-
Given under my hand this day of 1983.
My Commission expires
Notary Public
Attest: CITY OF VIRGINIA BEACH, VIRGINIA
Ruth Hodges Smith, City Clerk Thomas H. Muehlenbe ck, City Manager
j/7j83
-2 2 -
ITEM II-F.4 ITEM #19586
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT ON SECOND READING the Ordinance
to appropriate funds of $1,688,828 to establish a School Textbook
Rental Fund Fy 1982-83 Budget.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. B. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
2 3-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $1,688,828 TO ESTABLISH A SCHOOL
TEXTBOOK RENTAL FUND FY 1982-83
BUDGET
WHEREAS, the Attorney General of Virginia has
opined that School Board expenditures of funds generated
by the rental of textbooks requires an appropriation of
the local governing body, and
WHEREAS, the Virginia Beach School Board has a
textbook rental plan whereby rental income is deposited
in a textboo'k@rental'fund and purchases of textbooks
h
r6l.@: d' e) es e ron i@@'i@nd. and
WHEREAS, the,School B6ard has submitted Textbook
Rental Fund budget fo'r@'FY@1982-83@in oider to comply
with the Attorney General's opinion, and
WHEREAS, the Textbook Rental budget approved by
the School Board on February 15, 1983, includes total
revenues of $1,688,828 and total disbursements of
$1,688,828 for fiscal year 1982-83.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $1,688,828
be appropriated fQr a School Textbook Rental Fund
budget in the manner approved by the School Board in
of February 15.,198
URTHER ORDAINED tha
16n
b Estimat6d.Revenu tbook 1
@Rental@Fund,o $1,688,828.
This ordinance shall be effective from the
date of its adoption
Adopted by the Council of the City of Virginia
Beach on the S@venthday of March 19 83
First Reading: February 28, 1983
Second Reading: March 7, 1983 APPPOVED AS TO CONTENT
SIGNATUPE
DEPART,'@@@-iNT
APP 70 FPP,@L
- 2 4 -
ITEM II-F.5 ITEM #19587
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Counci.1 voted to uphold the recommendation
of the City Manager and ADOPT ON SECOND READING the Ordinance
to appropri.ate funds of $1,010 for the Tidewater Builders
Association Scholarship House.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 2 5 -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $1,010.00 FOR THE TIDEWATER
BUILDERS ASSOCIATION SCHOLARSHIP
HOUSE
WHEREAS, since 1966 the Tidewater Builders Association has sponsored
the building of a Scholarship House, and
WHEREAS, the profits from the sale of the house are given to the
Association's Scholarship Foundation to a@qard scholarships to Tidewater
students, and
WHEREAS, the 1983 Scholarship House is to be built in Virginia Beach
and the Association has requested that the city pay the building permit fees
and water and sewer tap fees for this house, and
WHEREAS, the building permit fees amount to approximately $300 and
the water and sewer tap fees are $710, and
WHEREAS, the Department of Public Utilities has requested that the
Water and Sewer Fund be reimbursed should the water and sewer tap fees
be pi-3vil-'ed by Council.
N014, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that the City Manager is hereby authorized to make payment
for the building permit fees and water and sewer tap fees for the Scholarship
House.
BE IT FURTHER ORDAINED that funds of $710 are hereby appropriated from
the General Fund Balance to pay the Water and Sewer Fund for the Scholarship
House line fees. Furthermore, $300 is hereby appropriated for the building
permit fees.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 7th day of March 1983.
FIRST READING: February 28, 1983
SECOND READING: March 7, 1983
- 2 6 -
ITEM IT-F.6 TTEM #19588
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize a
tempbrary encroachment into a portion of the right-of-way
of 24th Street to Sandollar Associ,ates.
Approval is subject to the following:
1. The owner agrees to remove the encroachment
when notified by the City at no expense to
the Ci@ty.
2. The owner agrees to keep and hold the City
free and harmless of any liability as a result
of this encroachment.
3. The owner agrees to accept all liability for
any damage to the Old Coast Guard Station
(Maritime Mus@um) and any necessary improvements
that may be necessary as a result of the pile
driving.
4. The owiier agrees to replace, at his own expense,
any concrete sections that are partially cut,
cracked or otherwise damaged due to construction
activity.
5. The owner agrees to maintain said encroachment so
as not to become unsightly or hazardous.
6. The owner agrees to construct the piles and pile
caps in accordance with Department of Public Works'
standards.
7. This Ordinance shall not be in effect until such
time as an agreement is executed encompassing the
above provisions.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, 111, J.
Henry McCoy, Jr., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 2 7 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OP-WAY OF 24TH STREET TO SANDOLLAR
ASSOCIATES
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, SANDOLLAR ASSOCIATES is authorized to construct and
maintain a temporarv encroachment into a T)ortion of the Citv
right-of-way of 24th Street.
That the temporary encroachment herein authorized is
for the purpose of concrete piles and pile caps in conjunction
with the construction of a hiqh rise structure adjacent to 24th
Street and that said concrete piles and pile caps shall be
constructed in accordance with the Citv of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is Tore
particularlv described as follows:
An area of encroachment into a portion of
the Citv's right-of-way known as 24th
Street, as shown on that certain plat
entitled: "Concrete Piles and Pile Cap
Encroachment into 24th Street," a copv of
which is on file in the Virainia Beack
Department of Public Works and to which
re@erence is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virqinia Beach to anv officer of SANDOLLAR ASSOCIATES and within
ninety (90) days after such notice is given, said SANDOLLAR
ASSOCIATES shall be removed from the City right-of-way of 24th
Street bv SANDOLLAR ASSOCIATES and that SANDOLLAR ASSOCIATES
shall bear all costs and expenses of such removal; and PROVIDED
FURTHER, that it is expressly understood and agreed that
SANDOLLAR ASSOCIATES shall indemnify and hold harmless the City
of virqinia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
- 2 8 -
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
concrete piles and pile caps, and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that SANDOLLAR ASSOCIATES executes an aoreement
with the City of Virqinia Beach encompassing the aforementioned
provisions and other provisions deemed appropriate by the City
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7thday of March 19 83.
MES/sm
2/2 2/8 3
(29A)
S-OCO,',-.E@JT
E.! T
T
-2-
- 2 9 -
ITEM II-F.7 ITEM #19589
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of a City 15-foot paper street to Allen Richter, his heirs,
assigns and successors in title.
Approval is subject to the following:
1. The owner agrees to construct said septic tank
drainfield as indicated Alternate I on the
attached site plan.
2. The owner agrees to remove the encroachment, at
no expense to the City, when City sewer and water
service becomes available to this area.
3. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
4. The owner agrees to maintain said encroachment so
as not to become unsightly or hazardous.
5. The owner agrees to construct and maintain the
septic tank in accordance with the Department of
Public Works' specifications.
6. This Ordinance shall not be in effect until the
owner executes an agreement with the City
encompassing the above provisions.
Voting; 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 3 0 -
Reciuested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
E'qCROACHMENT I'QTO A PORTION OF THE
RIGHT-OF-WAY OF A CITY 151 PAPER
STREET TO ALLEN RICHTER, HIS HEIRS,
ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THF 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, Allen Richter, 656 Atlantic Avenue, his heirs, assigns
and successors in title is authorized to construct and rnaintain a
tem,Dorary encroachment into the riaht-of-way of a Citv 151 par)er
street.
That the temporary encroachment herein authorized is
for the purpose of constructina and maintaining a septic tank
drainage field and that said encroachinent shall be constructed
and maintained in accordance with the City of Virginia Beach
Public Works Department's sr)ecifications as to size, aliqnment
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 riaht-of-way known as a City
15, paper street, on the certain plat
entitled: "SITE PLAN, LOT 7, BLOCK 20,
CROATAN BEACH, M.B. 24, P. 37, LYNNHAVEN
BOROUCH, VIRGINIA BEACH, V.A,.," a copy of
which is on file in the Department of
Public Work and to which reference is
made for a irore particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virqinia Beach to Allen -Pichter, his heirs, assians and
successors in title and that within thirty 30 days after such
notice is cjiven, said encroachment shall be removed from the City
right-of-way of a City 151 paper street and that Allen Richter,
-3 1-
his, heirs, assigns and successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDFD FURTHER, that it is expressly understood
and agreed that Allen Richter, his heirs, assigns and successors
in title shall indemnify and hold harmless the City of Virqinia
Beach, its agents and employees from and aqainst all claims,
damaqes, 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 encroachnent.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such ti-,ie that Allen Richter, his heirs, assigns
and successors in title executes an aqreemen-I with the City of
Virqinia Beach encompassinq the afore-mentioned Provisions.
Adopted by the Council of the Cit-v of Virginia Beach,
Virginia, on the 7th- day of March 1983.
MES/re
1/3/83
(29-A)
-2-
- 3 2 -
ITEM II-F.8 ITEM #19590
Upon motion by Councilinan McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of the southwest corner of Independence Boulevard and Ewell
Road to Lake Smith Terrace Garden Club.
Approval is subject to the following:
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 bazardous.
4. The owner agrees to erect this sign in accordance
with the specifications of the Department of Public
Works.
5. This Ordinance shall not be in effect until the
owner executes an agreement with the City
encompassing the above provisions.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 3 3 -
AN ORDINANCE TO AT3THOPIZ-1 A TF@IPOPARY
ENCROACHMENT INTO A PO.RTION OF THE
RIGHT-OF-WAY OF S.iq. COIZ@IFR OF INDEPENDENCF
BOULEVARD AND EWELL ROAD TO LAKE SMITH
TE.RRACE GARDFN CLTJB
BE IT ORDAINED BY THF CO@TNCIL OF THE CITY OF VIP.CITJIA
BEACH, VIRGINIA:
That pursuant to the authoritv and to the extent
thereof contained in Section 15.1-893, Code of Virainia, 1950, as
amended, the LAKE SMITH TERP.ACE GARDFN CLUB is authorizec3. to
construct and maintain a temporarv encroachment into a portion of
the Citv richt-of-walv of S.W. corner o,' Tndependence Boulevard
and Ewell Road.
That the temporarv encroachment herein authorized is
for the purpose of constructinq and roai-ntaininq a cornrrunitv
identification siqn and that said sic- shall be constructed and
maintained in accordance vith the Citv of Virqinia Reach Public
Works Department's specifications as to size, alionment and
location, and further that such tempo-a-v encroachment is more
described as follo,,?S:
An area of encroachtnent into a portion of
the Citv's riqht-of-wa-,, known as S.W.
corner of In.9epenclence P',)Lilevard and
Ewell Road, as shown or that certain plat
entitle,9: "T,ake qmith Terrace Fntrance
Marker Plans and Details," a cor)v of
which is on file in the Virainia Reach
Department of Public WC)r<s and to which
reference is rnade for a r,.ore carticular
Oescription.
PROVIDFD, JJOWFVFP., that the temdorarv encroachment
herein authorized shall terminate upon notice by the City of
Virqinia Beach to any officer of Lake SI7.ith Terrace Garden Club
and within thirtv (30) days after suc@ notice is qiven, said
communitv identification siqn shall he ret,.oved from the city
right-of-way of S.W. corner of Independence Boulevard and Ewell
Road by the Lake Smith Terrace Carlen Club and that the Lak,.-
Smith Terrace Garden Club shall bear all costs and expenses of
such removal; and
PROVInED FURTHER, that it is exnresslv understoo(i and
aqreed that the Lake Smith Terrace Gar@en Cluh shall indemnifv
and hold harmless the (,itv of Virainia ?each, its aaents and
- 3 4 -
employees from and against all claims, damaqes, losses, and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arisinq out of the location
or existence of such cornmunity ioentification siqn; and
PROVIDED FURTHER, this ordinanc(- shall not he in effect
until such time that the Lake Smith Terrace Garden Club executes
an aqreement with the City of Virainia Beach enco]P]Dassino the
afore-inentionerl provisions and other orovisions (leeired
appropriate by the City Attornev.
Adopted by the Council of the Citv of Virainia Reach,
Virqinia, on the 7thda.v of @larch 1983 -
MES/sm
2/3/83
(29)
SIGNATURE
DEPARTMENT
-2-
- 3 5 -
ITEM II-F.9 ITEM #19591
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of Regency Drive to the Regency Apartments.
Approval is subject to the following:
1. The owner agrees to install said encroachment
a mi.nimum of 15-feet behind the face of the
curb.
2. The owner agrees that said sign shall not
exceed 32-square feet in total sign area.
3. The owner agrees to remove the encroachment
when notified by the City at no expense to the
City.
4. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
5. The owner agrees to maintain said encroachment so
as not to become unsightly or hazardous.
6. This Ordinance shall not be in effect until the
owner has executed an agreement encompassing the
above provisions.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr. , D. D. S. , and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
3 6 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACPMEFT INTO A PORTION OF THE
RIGHT-OF-WAY OF REGENCY DRIVE TO THE
REGENCY APARTMENTS
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 Virqinia, 1950, as
amended, the Regency Apartments is authorized to construct and
maintain a temporary encroachment into a portion of the City
ri(ght-of-way of Reciency Drive.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a subdivision
identification sign and that said subdi,7ision identification sion
shall be constructed and maintained in accordance with the City
of Virqinia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporarv
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's riqht-of-wav known as Regency
Drive, as shown on that certain plat
entitled: "Reqency Sign Subdivision
Entrance dated 1/5/83," 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 Regency Apartments and within
thirty (30) days after such notice is qiven, said Regency
Apartments shall be removed from the City riqht-of-wa-v of Reqency
Drive by the Regency Apartments and that the Regency Apartments
shall bear all costs and expenses of such removal; and
PROVIDED FURTHER, that it is expressly understood and
aqreed that the Regency Apartments shall indemnify and hold
harmless the City of Virqinia Beach, its agents and employees
from and aqainst all claims, damages, losses, and expenses
- 3 7 -
including reasonable attorney's fees in case it shall bo-
necessary to file or defend an action arising out of the location
or existence of such subdivision identification sign; and
PROVIDED FURTHER, this or(3inance shall not be in effect
until such time that the Reqency Apartments executes an aqreement
with the City of Virainia Beach encompassing the afore-mentioned
provisions and other provisions deemed aopropriate by the City
Attorney.
Adopted bv the Council of the Citv of Virainia Reach,
Virqinia, on thE,- 7th day of ---March 1983-.
MES/re
0 2/0 3/8 3
(29B)
p
-2-
- 3 8 -
ITEM 11-F.10 ITEM #19592
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and APPROVE the following Raffle Permits:
Raffle Kings Grant Elementary School PTA
Raffle Bayside Junior High School Band
Parents' Association
Raffle Kingston PTA
Raffle Bayside High School Band Parents'
Association
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, ill,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 3 9 -
ITEM II-F.1 1TEM #19593
Mr. E. R. Cockrell, Jr., Director of the Department of
Agriculture, spoke on this matter
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to DEFER FOR TWO WEEKS (March 21, 1983),
the Ordinance to amend and reordain Section 11-9 of the Code of the
City of Virginia Beach pertaining to rental charges and periods for
the Farmer's Market.
Voting: 9-0
Council Members Voting Aye. (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
4 0 -
AN ORDINANCE TO AMEND AND REORDA-IN-SECTION
11-9 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO RENTAL CHARGES AND
PERIODS FOR THE FARMER'S MARKET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 11-9 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 11-9. Rental Charqes and periods generally.
f-!#ty-eents-+$+2v5G+-,eer-week7
ty-f @ve
(a) The city manager shall establish and adiust all rental
periods as well as all rents, fees, and other charqes applicable
to the farmer's market. The revenues received by the citv from
those offering or selling farm or domestic products on the
farmer's market shall be used to maintain and operate the
market.
@41-
..(b) All rent payments, fees, and,other charges attrfbutable
to those offerinq or selling farm or domestic products on the
market shall be coiiected as rents and paid no later than the end
of the rental period.
(c) No charges will be made to individuals invited by the
market staff to partici@ate in promotional events.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1983.
DEFERRED BY CITY COUNCIL: March 7, 1983
RJN/da
3/23/82 AS 'O '10
8/1 6/8 2
12/28/82 E
2/23/83
(A)
- 4 2 -
P L A N N I N C A G E N D A
ITEM II-G.1 ITEM #19594
Upon motion by Councilman Jennings, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of
the Planning Commission and DENY the Ordinance closing,
vacati,ng and discontinuing a portion of Shore Drive located
west of Croix Drive in the petition of Virginia Beach Resort
Conference Hotel, in the Lynnhaven Borough.
Voting: 9-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
4 3 -
ORDINANCE NO.
IN THE MATTER OF CLOSIDIG, VACATING, AITD DISCON-@INUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH KNO',QN AS SHORE DRIVE,
LOCATED Ill THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH,
VIRGI14IA, AS SHOI,,M ON THAT CERTAIII PLAT ENTITLED "PROPOSED STREET
CLOSURE PLAN OF PORTION OF SIIORE DRIVE R/W ALONG AND ADJACENT TO
PARCEL 'Y' AS SHO,@Rq ON PLAT ENTITLED 'SUBDIVISION OF PART OF
PROPERTY OF DAVID I. LEVINE, ET AL'," LYNNHAVE'LL BOROUGH, VIRGINIA
BEACH, VIRGINIA, VIHICH PLAT IS RECORDED I'] THE CLERK'S OFFICE OF
THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN @IAP
BOOK , PAGE
WHEREAS, it appearing by affidavit that prolder notice
has been given by Virginia Beach Resort Conference Hotel, a
Virginia general partnership, that it would make application to th2
Council of the Citv of Virginia Beach, Virginia, on the day
of 1 198-, to have the hereinafter-descrihed street
discontinued, closed, and vacated; and
WHEP,EAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTIO@@T I
BE IT ORDAINFD by the Council of the City of Virginia
Beach, Virginia, that the hereinafter desdribed street be discon-
tinued, closed, and vacated:
Shore Drive, beginning at a Point on the
northern side of Shore Drive distant 209.77
feet west of the intersection of Croix Drive
and Shore Drive; thence running south 760
53' 30" west 218.10 feet to a Doint; thence
turning and running south 150 @8' 30"
west 15 feet to a point; thence turning and
running north 760 53' 30" west 218.10 feet
to a point; thence turning and running north
15 0 51' 42" west 15 feet to the point of
beginning. (Portion to be vacated is desig-
nated as 3,271.50 square feet of Shore Drive.)
Said parcel of land is shown on that certain plat
entitled "Proposed Street Closure Plan of Portion of Shore Drive
R/W along and adjacent to Parcel 'Y' as shown on plat entitled
'Subdivision of Part of Pronerty of David I. Levine, et al',"
Lynnhaven Borough, Virginia Beach, Virginia, made by Engineering
Z-4 Services, Inc., dated October 1, 1982, which plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
4 4 -
Virginia, in Map Book page and which is made a
part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in th
office of the Clerk of Circuit Court of the City o-F Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
SECTIO,N III
This Order shall be in ef@@ect 30 days from the date of
its passage.
DENIED BY CTTY COUNCIL: March 7, 1983
7f.-A
- 4 5 -
ITEM II-G.2 ITEM #19595
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, C@ity Council voted to uphold the recommendation of
the Planning Commission and DENY the Ordinance closing, vacating
and discontinuing a portion of Shc)re Drive located west of Beech
Street in the petition of Bay Front Associates, Ltd., in the
Lynnhaven Borough.
Voting: 9-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creecb, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
Nc)ne
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
4 6 -
ORDINANCE NO.
IN THE @IATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET OF VARIABLE WIDTH KNO@IN AS SHORE DRIVE,
LOCATED IN THE LYNNHAVEN BOROUGH OF THE CI-.Y OF VIRGINIA BEACH,
VIRGINIA, AS SHOWN 011 THAT CERTAIN PLAT ENTITLED "VACATION PLAT
PORTION OF SHORE DRIVE, AT PARCEL 'X,' SUBDIVISION OF PART OF
PROPERTY OF DAVID I. LEVINE, ET AL," LYNTIHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF
THE CIRCUIT COURT OF THE CITY OF VIRGI@TIA BEACH, VIRGINIA, IN @IAP
BOOK , PAGE
WHEREAS, it appearing by affidavit that proper notice.
has been given by Bay Front Associates, Ltd., a Virginia corpora-
tion, that it would make application to the Council of the City
of Virginia Beach, Virginia, on the 20th day of December, 1982,
to have the hereinafter-described street discontinued, closed
and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed and vacated:
Shore Drive, beginning at a TDoi-nt on the
northern side of Shore Drive di-stant 662.87
feet west cf the intersection of Beech Street
and Shore Drive; thence runni-ng south 760 53'
30" west 147.56 feet to a poi-nt; thence alona
a curve to the left having a radius of 2,0!4.86
feet, an arc distance of 288.65 feet to a
point; thence south 130 35' 26." east 10.09
feet tDa point; thence along a curve to the
ri-ght having a radi-us of 2,QO4.86 feet, an arc
distance of 288.58 feet to a point; thence north
760 53' 30" east 148.00 feet to a point; thence
north 150 38' 30" west 10.01 feet to the 3Doint
of beainning. (Porti-on to be vacated i-s des;.cr-
nated as 4,364 square feet of Shcre Drive.)
Said oarcel of land is shown on that certain plat
entitled "Vacation Plat, Portion of Shore Drive at Parcel 'X,'
C Subdivision of Part of Property of David I. Levine, et al,"
@--, .cts L-
Lynnhaven Borough, Virginia Beach, Virginia, made by Stephen I.
4 7 -
Boone & Associates, P.C., dated October 5, 1982, which plat is I
recorded in the Clerk's Office of the Circuit Court of the City i
of Virginia Beach, Virginia, in Map Book page
and which is made a oart hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in
the Office of tvie Clerk of Circuit Court of the City of
Virginia Beach, indexed in the name of the City of Virginia Beac.-I
as grantor.
SECTION III
This Order shall be in effect 30 days from the date o@-
its passage.
DENIED BY CITY COUNCIL: March 7, 1983
- 48 -
0 R D I N A N C E S
ITEM TI-H.1 ITEM #19596
Upon motion by Councilman Kitchin, seconded by Councilman McCoy,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Sections
18-52(a), 18-53(a) through (c), 18-55(a), 18-56(b) and (c),
18-73(a), 18-75(a), 18-80(a), 18-85, 18-88(a), 18-89(a),
18-91(c), 18-99(a), 18-100.1(a), 18-101(a), 18-102(a) and
18-113(b) of the Code of the City of Virginia Beach relating
to Business, Professi.onal and Occupational License Taxes.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, TII,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
-4 9 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 18-52(a), 18-53(a) through (c), 18-55(a),
18-56(b) and (c), 18-73(a), 18-75(a), 18-80(a), 18-85,
18-88(a), 18-89(8), 18-91(c), 18-99(a), 18-100.1(a),
18-101(a), 18-102(a) and 18-113(b) OF THE CODE
OF THE CITY OF VIRGINIA BEACH RELATING
TO BUSINESS, PROFESSIONAL AND OCCUPA-
TIONAL LICENSE TAXES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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 $25.00 and @ty-one thirty-nine one-
hundredths of one percent of the gross receipts in excess of $2,500.00 i6 such
business during the preceding 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 operating within such
park a bowling alley, hobby horse, merry-go-round, ferris wheel, old miU, 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, basebah machines, bowling alley machines, hockey machines,
auto testing machines, machines for testing strength or grip, electronic gun and
rifle machines, 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: $700.00 and, in
addition thereto, @tir-@tbs thirty-nine 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 parking lots; provided, that coin-operated pinball machines shall
be separately licensed under the law relating ttiereto.
- 5 0 -
(b) When an amusement park has six or less of the amusements
enumerated in subsection (a) of this section, such license telx shall be as follows:
$100.00 for each amusement and, in addition thereto, fottr-ten@ thirty-nine
one-hundredths of one percent of the gross receipts from all the amusements,
exclusive of any federal and city admission tax thereon.
(c) Whenever any amusement within an amusement park is operated by
a person other than tbe operator of such park, such person shall pay for such
amusement the following license tax: $50.00, and in addition thereto, fotir+eiiths
thirty-nine one-hundredths of one percent of the gross receipts therefrom,
exclusive of any federal and city admission tax thereon.
Section 18-55. Automotive services and garage businesses.
(a) Every person engaged in any automotive service and garage
business shau pay a license tax equal to $25.00 and @rty-eight thirty-seven one-
hundredths of one percent of the gross receipts in excess of $2,500.00 in such
business during 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 $25.00 and one-half forty-five one-hundredths of one percent on
gross receipts in excess of $2,500.00 in such business during the preceding
calendar year.
(e) Every person who shall conduct or operate a beauty parlor or
hairdressing establishment shall pay a license tax of $25.00 and one-t%+f fortv-
five one-hundredths of one percent on gross receipts in excess of $2,500.00 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.
Section 18-73. Same-Vending machines.
(a) Every person engaged 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 $25.00 and, in addition, one-f-ott@
twenty-three one-hundredths of one percent of the gross receipts in excess of
- 5 1 -
$2,500.00 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
definiie place of business. The license tax aforesaid shall not be subject to
proration.
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 engaged in any contracting service business shall pay a license tax
equal to $50.00 and@vefi@rt sixteen one-hundredths of one percent of the gross
receipts in excess of $5,000.00 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 building contractors.
(2) Highway and street construction.
(3) Heavy construction.
(4) Special trade contractors:
a. Plumbing, heating and air-conditioning.
b. Painting, paper hanging and decorating.
c. Electrical.
d. Masonry, stone setting and other.
e. Stonework.
f. Plastering and lathing.
g. Terrazzo, tile, marble and mosaic work.
h. Carpentering.
i. Floor laying 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.
o. Excavating and foundation work.
p. Wrecking and demolition work.
q. Removing contents of privies, cess pools, septic tanks and other similar
facilities.
Section 18-80. Educational service businesses.
(a) Every person engaged in any educational service business shall pay a
license tax equal to $25.00 and f4Fty-two forty-six one-hundredths of one percent
of the gross receipts in excess of $2,500.00 in such businesses during the
preceding calendar year.
- 5 2 -
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 shau pay an annual license tax equal to $25.00
and f@r-ty-six forty-two one-hundredths of one percent of the gross receipts in
excess of $2,500.00 during the preceding calendar year, except receipts from
telephone service and except rent from stores and offices. (Code 1965, SS20-129)
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 $25.00 and f4f-ty-twe, fortv-six one-hundredths of
one percent of the gross receipts in excess of $2,500.00 in such business during
the preceding calendar year.
Section 18-89. Merchants, retail.
(a) Every person engaged in the business of a retail merchant shall pay a
license tax equal to $25.00 and one-fourth twentv-three orie-hundredths of one
percent of the gross sales, whether paid or not, in excess of $2,500.00 in such
business during the preceding calendar year.
Section 18-91. Money lenders generally; handling or dealin.@ in installment paper.
(c) Every person engaged in the business of lending money under the
provisions of the state Uniform Small Loan Act* shau pay a license tax of
$500.00 and @-pe@nt ei_ghty-four one-hundredths of the gross receipts of such
business during the preceding calendar year in excess of $50,000.00, excluding
repayments of principal.
Section 18-99. Personal service businesses.
(a) Every person engaged in any personal service business shall pay a
license tax equal to $25.00 and &w@l-f forty-five one-hundredths of one percent
of the gross receipts in excess of $2,500.00 in such business during the preceding
calendar year.
Section 18-100.1. Professional service busineses and professions.
(a) Every person engaged in any professional service business or profession
shall pay a license tax equal to $25.00 and se@t-@t4@@ sixtv-seven one-
hundredths of one percent of the gross receipts in excess of $2,500.00 in stich
business during the preceding calendar year.
5 3 -
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 $25.00 and six-ty-two . t -rie one-hundredths of one
percent of the gross receipts in excess of $2,500.00 in such business during the
preceding calendar year.
Section 18-102. Repair service businesses.
(a) Every person engaged in any repair service business shall pay a license
tax equal to $25-00 and t@tr-L-igh-t thirtv-severi one-hundredths of one percent
of the gross receipts in excess of $2,500.00 in such business during the pre ceding
calendar year.
Section 18-113. Trailer courts.
(b) Every person conducting the business of keeping a trailer court shall Pay
an annual license tax equal to $15-00 per space used or intended to be used as
such, within such trailer court, and 6, 1,5ere@ 5 1)ercent of the gross receipts of
the business (Juring the preceding calendar year.
This ordinance shall become effective Mav 1, 1983.
Adopted by the Council of the Citv of Virginia Beach, Virginia, on
the s@,@,ith day of '4a, h 1983.
T
APPROVED AS TO FOPJA
CITY AT-iC@,
- 5 4 -
U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #19597
Attorney Grover C. Wright, Jr., representing R. G. Moore Building
Corporation, spoke before City Council requesting a waiver of
a 75-foot buffer on the south and west side of the property in
which no physical improvements can be made with the exception
of fencing and pedestrian paths AND a 250-foot and 150-foot
set-back for all buildings from the property lines on the west
and south side, respectively.
The following spok@ in opposition:
Tom Ackiss, representing the Baylake Pines
Civic League
Jack H. Stewart, 2508 Indian Hill Road
James W. Hayes, resident of Baylake Pines
Charles Thompson, representing the Ocean
Park Civic League
Herbert Wittershiem, 4453 Blackbeard Road
Deane Williams relinquished his time
Mayor Jones advised the citizens and Council that "two members
of City Council have requested Council move into EXECUTIVE
SESSION as they have some legal questions they would like
answered."
Upon motion by Councilman McCoy, seconded by Councilwoman
Creech, City Council voted to RECESS into EXECUTIVE SESSION,
(3:58 p.m.) pursuant to Section 2.1-344 Code of Virginia, as amended,
for the purpose of discussing a Legal Matter.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H.
Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 5 5 -
City Council reconvened into the FORMAL SESSION at 4:23 p.m.
with the following Members of Council present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jenni.ngs,
Jr., Mayor Louis R. Jones, W. H. Kitchin, 111, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
Mayor Jones advised "I am holding this item over for one week
(March 14, 1983), and the City Council would like for the two
of you (Mr. Wright and Mr. Ackiss) , to get together and try
to work out some type of an amiable agreement between the
two of you. Hopefully you will be able to bring it back to the
Council next week and give us an opportunity to act in a manner
that would be acceptable to both parties. So we will not be
making any decisions on this itern today."
Councilman Baum made several comments concerning this matter.
Mayor Jones advised Mr. Wright City Council wished him to meet
not only with the Baylake Pines Civic League but also the Ocean
Park Civic League and Water Oaks Civic Leagues.
N E W B U S I N E S S
ITEM II-J.1 ITEM #19598
Attorney Grover C. Wright, Jr., representing Mr. Charles F.
Bowden, spoke before City Council requesting possible waiver
of City water and sewer on four (4) lots on Wakefield Drive,
in the Thoroughgood section, Bayside Borough.
It was the consensus of Ci.ty Council this matter be placed
on the Agenda of March 14, 1983, under UNFINISHED BUSINESS
to hear recommendations from the Staff.
Aubrey V. Watts, Jr., Director of Public Utilities, spoke on
this matter.
- 5 6 -
ITEM #19599
Mayor Jones advised City Council was going to postpone hearing
any information on the Public Library for two weeks, (March 21,
1983).
ITEM #19600
Vice Mayor Henley advised Council of a letter from the City
Manager concerning the expedition of an application for a
conditional use permit by Mary A. Landis t/a Little World
Private School, located on the corner of Chester and Waverly
Drives in Virginia Beach.
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to EXPEDITE the application of
Mary A. Landis t/a Little World Private School, to be heard
by the Planning Commission May 10, 1983, and by City Council
on May 16, 1983.
Vo t ing: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr. , D. D. S. , and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
- 5 7 -
E X E C U T T V E S E S S I 0 N
ITEM #19601
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to RECESS into EXECUTTVE
SESSION, (4:55 p.m.) pursuant to Section 2.1-344 Code of
Virginia, as amended, for the purpose of discussing Personnel
Matters, Public Funds Investment and Legal Matters after
which to adjourn.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and Reba S. McClanan
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
- 5 8 -
A D J 0 U R N M E N T
ITEM 11-K.1 ITEM #19602
Upon motion duly niad, and seconded City Council adjourned
at 5:12 p.ni.
Diane M. Hickman, Deputy City Clerk
Ru@h Hodg@s Smith, CMC Mayc nes
Ci.ty Clrk
City of Virginia B@acla,
Virginia
7 March 1983
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