FEBRUARY 28, 1983 MINUTES
Cit@<Df -Vi@@i@i@ E3@@c:la
"WORLD'S LARGEST RESORT CITY"
CITY COU.N;CIL
Mill OR LOLIS R. JONES, B,@,,id@ B.,,@,gh
VICE.,1/21AYOR B@IRBARA M. fiENLEY, P..g@ B@,..gb
]Oti,N A. BAI;,@l,
,IIANCY A. CREECH. At L,,g@
ti@IROLD IIEISCIIOBER, At L.,g@
11, JACkCIEN,\I:,(;S, JR.,
ROf3FRT G. 10\ ES, At L,@,g@
W. It. KITCIII.\. Ill, Vi,gi@@,, B@.@h
REBA S. A..@ B.,@.gb 112 CITY liALL Bl'ILDING
1. IIE@NRY @1,CO)', JR., B,,,@@gb AIUNICIPAL CE,'ITER
MEI'ERA E. OBERNDORF. A, L.,g, VIRGINTA BEACII VIRGINI,T 13456
RI'Til HODGES SIIITII, C,4C, City Cl,,k tSO4) 421--4303
CITY COUNCIL AGENDA
February 28, 1983
DRAINAGE BRIEFING PRIOR TO INFOR-@ - 4:30 p.m.
ITEM I INFO@IAL SESSION: 5:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COLT.NCIL
C. IIOTION TO RECESS INTO INFOP-MAL/ EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion bv Mayor.
2. Matters for discussion by Council.
3. Review of Planning Items.
E. CITY MANAGER'S ADMI@IISTRATIVE ITEMS:
1. City of Virginia Beach Interim Financial Statements July 1,1982,
through January 31. 1983: Presentation by Mr. Giles G. Dodd.
2. Proposed Transportation Center/Parking Facilitv in Beach Borough:
Discussion.
3. Discussion of Proposed Franchises for Lifeguards and Beach
Equipment Rentals.
4. Review of Consent Agenda.
ITEM II FORMAL SEE:SION: 7:00 p.m.
A. INVOCATION: Reverend Roy N. Wilson
Church of Christ Oceana
B. PLEDGE OF ALLEGIA,4CE TO THE FLAG OF THE UNITED STATES OF
AiMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL
D. @ll'@qUTES OF PREVIOUS @IEETING:
1. Motion to accept/approve the Minutes of February 14, 1983.
E. PUBLIC HEARING:
1. OPENING OF SEALED BIDS:
Lifeguard Service and Beach Franchise Areas 1,2, and 3.
2. CO@@tb-NITY DEVELOPNIENT FUNDS AND PROGRAM INCO@1E.
Ninth Program Year
F. PRESENTATION:
1. Resolution in Recognition
a. Vernon Perebee - Dedicated City Employee.
C. RESOLUTIONS
1. Resolutions approving Industrial Development Revenue Bonds.
a. Resolution approving the issuance of Industrial Development
Revenue Bond in the amount of $4,500,000 to Expressway
Motel Associates.
b. Resolution approving the issuance of Industrial Development
Revenue Bond to Columbus Street Associates in the amount
of $1,000,000.
C. Resolution approving the issuance of Industrial Development
Revenue Bond to Thalia Carpet and Drapery Shop, Inc. in
the amount of $500,000.
d. Resolution approving the issuance of Industrial Development
Revenue Bond to Tower Enterprises in the amount of
$700,000.
e. Resolution approving the issuance of Industrial Development
Revenue Bond to Syscon Corporation in the amount of
$5,700,000.
f. Resolution approving the issuance of Industrial Development
Revenue Bond to JAY-CEE Properties in the amount of
$275,000.
g. Resolution approving the issuance of Industrial Development
Revenue Bond to Steven L. McCleaf and Shirley W. McCleaf
in the amount of $500,000.
h. Resolution approving the issuance of Industrial Development
Revenue Bond to AREA Corporation in the amount of $7,000,000.
i. Resolution approving the issuance of Industrial Development
Revenue Bond to John W. Harris & Associates III in the
amount of $725,000.
ITEM II H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted
by one motion in the form listed. 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. Resolution in Recognition to Vernon Ferebee.
2. Resolution authorizing the City Manager to execute a license
agreement with Carolina and Northwestern Railway Company
in order to construct a water line across its ri.@ht-of-way
and provide City Water service to a parcel of property on
Lynnhaven Park@@ay.
3. Ordinance to Amend and Reordain Section 38-6 of the Code of
the City of Virginia Beach, Virginia, pertaining to the Permits
for Purchase of Certain Weapons.
4. Ordinance on SECOND READI;G to appropriate funds of $547
to the Police Department and increase estimated revenues
in the General Fund.
5. Ordinance on FIRST READING to appropriate Funds of $1,688,828
to establish a School Textbook Rental Fund FY 1982-83 Budget.
6. 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 Boulevards (C.I.P.
2-995).
7. Ordinance to Transfer $465,600 within the Community Development
Program.
(This Ordinance was DEFERRED for two weeks on February 14, 1983)
8. Ordinance to Transfer Capital Project Funds of $64,935 from
Project #2-817 - Chesapeake Beach Drainage to Project #2-832
Wesleyan Drive.
9. Ordinance to Transfer Funds of $106,879 within the Erosion
Commission Budget for the Beach Replenishment Program.
10. Ordinance approving the Terms and Conditions of an Agreement
for certain Voter Election Equipment between the City of
Virginia Beach and Computer Election Systems: Authorizing
the City Manager to execute the approved Agreement; Authorizing
the City Manager to implement and carry out the terms of the
approved Agreement.
11. Ordinance closin@., vacating and discontinuing a 15-foot alley
located bett@een Atlantic Avenue and Myrtle Avenue, north of 46th
Street in the petition of Claud P. Brownley, III; Tren L.
Brownley; and Bernice Leonard (Lynnhaven Borough)
(This Closure was Approved by City Council on February 14, 1983
subject to a number of conditions which have now been met.
Council is requested to give its FINAL Approval.)
12. Ordinance to Authorize the Acquisition of Property in Fee
Simple for Rights"of-Way for Queen City Sewer/Water Sewer
Improvements Project and the Acquisition of Temporary and
Permanent Easements of Right-of-Way, either by A@.reement or
by Condemnation.
ITEM II H. CONSENT AGENDA (.Cont'd)
13. Proposal submitted by Minnesco Division of 3M Corporation
for lease/purchase of a microfilm camera and reader/printer
for Police/Records at an annual percentage rate of 9.43%:
AND, authorize the City Manager to enter into the necessary
agreements for this lease/purchase.
14. Request of the City Treasurer for tax refunds in the
amount of $491.99.
15. Request of the Commissioner of Revenue for license refunds
in the amount of $680.77.
I. PLANNING ITL-,IS
1. Comprehensive Zoning Ordinance:
a. Ordinance to Amend and Reordain Article 2,
Section 200 (c) of the Comprehensive Zoning
Ordinance pertaining to Lots of Unusual Depth;
AND,
b. Ordinance to Ainend and Reordain Article 9, Section
901 (a) of the Comprehensive Zoning Ordinance
pertaining to use Regulations in the B-1 Business-
Residential District.
2. Application of Holidav Village, Inc., by R. M. Bosher and R. G.
Bosher, for a conditional use permit for an automobile
service station with a convenience store and registration
office on a @8,357.5-square foot parcel located along the
west side of General Booth Boulevard, south of South Birdneck
Road (Princess Anne Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for approval.
3. Application of Douglas and Pat Perry for a conditional use
permit for a single-family dwelling in the AG-1 Agricultrual
District on a 10-acre parcel located north of London Bridge
Road, west of Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for approval.
4. Applications of Creative Displays, Inc.:
a. Conditional use permit for two 10.5' x 36' billboards
on a 17.401-acre parcel located along the south side
of Eolland Road, east of Rosemont Road (Princess Anne
Borough);
b. Conditional use permit for one 10.5' x 36' billboard
n a 4.405-acre parcel located along the west side
of Holland Road, south of Stoneshore Road (Princess
Anne Borough);
C. Conditional use permit for two 12' x 25' billboards on
2.5-acre parcel located along the west side of
Rosemont Road, south of tbe Virginia Beach-Norfolk
Expressway (Lynnhaven Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for approval.
ITEM II I PLA',i',iIiG ITAIS (Cont'd)
5. Application of Hudgins and Associates for a conditional
use permit for on a 15,000-square foot
parcel located on the northeast corner of Parks Avenue
and 13th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of James N. Belote for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that
lot dimensions conform to the Comprehensive Zoning Ordi-
nance. He wishes to subdivide a 1.467-acre parcel into
t@go lots, one of which will be in a "flag lot" configuration.
The site is located along the east side of lioodstock Road,
north of Providence Road. A single-family residence
currently exists on the site (Kempsville Borough)
a. Letter from the City Manager transmits the
recomnendation of the Planning Commission
for approval.
7. Application of the Trust of G. R. McBride by Robert G.
@IcBride Trustee for a change of zoning from B-2 Community-
Business District to A-2 Apartment District on a 2.7-acre
parcel located along the south side of Shore Drive, east
of Diamond Springs Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. ADplication of Le@@is Ii. and Rose S. Breedlove for a change
o@ zoning from R-4 Residential District to 0-1 Office
District on an 18,443.5-square foot parcel located on the
south side of Wildwood Drive, east of First Colonial Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Wayne Beagle for a change of zoning from
R-5 Residential District to R-8 Residential District on a
22,433-square foot parcel located along the east side of
Greenivell Road, south of Powells Point Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
10. Application of Patrick W. Bruzzese for a variance to Section
4.4 (b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
He wishes to subdivide a 2.647-acre parcel, located along
the north side of Pungo Ferry Road, west of Carmel Street,
into two parcels, one totalling 39,334.68 square feet (.903
acre - Lot 2-A) and the other totalling 1.744 acre (Lot 2-B).
A single-family residence exists on this site (Pungo Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITE,@l II J. ORDINANCES
1. Ordinance approving the terms and conditions of an
Agreement for an Electrical Service Contract between
the and the Virginia Electric
and Power Company; Authorizing and Directing the
City Manager to execute the Approved Agreement;
and Authorizing and Directin.@ the City @lanager to
Implement and Carry Out the terms and provisions
of the Approved Agreement.
2. Ordinance on FIRST READING to appropriate funds
of $1,010 for the Tidewater Builders Association
Scholarship House.
K. APPOI'4'nIENTS
1. Personnel Board
L. alFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOUR-@,IENT
1. Motion to Adjourn
THE MAYOR'S SIGNATURE IS ON THE ORIGINAL
MINUTES IN OUR BOUND MINUTE BOOKS
M I N U T E S
I N F 0 R M A L B R I E F I N G S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 February 1983
The INFORMAL BRIEFING SESSION of the Council of the City
of Virginia Beach, Virginia, was called to order by Vice
Mayor Barbara M. Henley, in the Conference Room, City Hall
Building, on Monday, 28 February 1983, at 4:45 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., W. H. Kitchin, III, and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones, Robert C. Jones, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S.
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ITEM #19506
Mr. Donald R. Trueblood, City Engineer, advised Council that
the present City Policy concerning storm drainage is if the
required pipe is 72" or less the ditch is to be closed. if
the ditch remains open, side slopes of 7:1; can be 3:1 with
15' maintenance strip beyond top of bank on each side.
For watersheds the following criteria is required with regards
to storm frequencies:
1. 10-year storm if area is less than 300 acres
2. 25-year storm if area is greater than 300 acres and
less than 500
3. 50-year storm if area is greater than 500 acres
The following is required if drainage is installed by private
bomeowners:
1. Perimeter - pipe 1/2 or escrow for
2. Off-site - not required to pipe if ditch adequate
3. Interior - pipe
The Piping Policy for existing open ditches is the homeowners
purchase the pipe and the City will install it. Below is a
list of the advantages and disadvantages of open ditches:
A. Advantages:
1. Improve water quality
2. Ground water re-charge
3. Great capacity with large cross-section
4. Can be attractive if slopes are 7:1 and
ditch is wet
5. Slower flow rates - tend to reduce sediment
transfer
B. Disadvantages:
1. Maintenance cost to City and property owner
2. Can be unsightly if steep slopes inhibit maintenance
3. Rodents, vermine, snakes
4. Stagnant water
5. Potential accident and legal liabilities
-3 -
C. With paved invert:
1. Less maintenance, greater capacity
2. Reduced filtering effect, faster flow
Below is a list of the advantages and disadvantages of piped
systems:
A. Advantages:
1. Closed system - no standing water
2. Uses less land
3. Curb and gutter makes streets better
B. Disadvantages:
1. Expensive
2. No chance for natural filtration of pollutants
such as oil, fertilizer, etc.
3. Faster run-off causing higher peaks downstream
4. Faster flow rates increase sediment transfer
5. Limiting capacity to accommodate certain storm.
If exceeded, water in streets, property, etc.
Below is a list of the advantages and disadvantages of retention
systems:
A. Advantages:
1. Lakes and ponds aesthetically pleasing
2. Enables development. Flat grades in Virginia
Beach make it difficult to eliminate water
quickly enough with either pipe or ditch
3. Ground water recharge
4. Tends not to increase downstream flows. Tends
to model what nature does
5. Acts as sediment pond
B. Disadvantages:
1. Maintenance costs
2. Uses significant areas
Below is a list of the advantages and disadvantages of using
natural drainageway vs channelized systems:
A. Advantages:
1. Enhance water quality
2. Ground water recharge
- 4 -
3. Effect on future Capital Improvements
Projects reduced
4. Enhances environment by leaving land in
natural state
B. Disadvantages:
1. Significant amounts of land required,
although land is left in natural
state
2. Less land available for development,
although arrangements could be made
to permit "same" number of units on
usable land
Mr. Trueblood presented a slide presentation showing several
ditches in the area and advised they did not include roadside
ditches or rural areas.
Mr. Trueblood presented Council a listing of ditches to be
piped, along with the estimated costs involved, and ditches
to remain open.
Mr. C. Oral Lambert, Director of Public Works, spoke on this
matter.
M I N U T E S
I N F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 February 1983
The Iaformal Session of the Council of the City of Virginia
Beach, Virginia, was called to order by Vice Mayor Barbara
M. Henley, in the Conference Room, City Hall Building, on
Monday, 28 February 1983, at 5:35 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
R. Jack Jennings, Jr.! Mayor Louis R. Jones,
Robert G. Jones*, and Reba S. McClanan
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ITEM #19507
Vice Mayor Henley 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. PUBLICLY HELD PROPERTY: Discussion or consideration
f the c nd@ition, 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 insti-
tution which could affect the value of property owned
or desirable for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial inter-
est of the governmental unit would be adversely
affected.
4. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants and attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr.*, Mayor Louis R. Jones,
Robert G. Jones,* and Reba S. McClanall
*COUNCILMAN JONES ARRIVED IN MEETING AT 5:53 p.m.
*COUNCILMAN JENNINGS ARRIVED IN MEETING AT 5:40 p.m.
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M A T T E R S B Y C 0 U N C I L M E M B E R S
SCHOOL BUSES ITEM #19508
Vice Mayor Henley made reference to a letter from Joyce
Campbell, Corresponding Secretary, Aragona Civic League,
advising the civic league strongly supports the removal
of scbool buses from parking on the City streets as they
obstruct the vision of drivers and pedestrians.
Vice Mayor Henley requested the City Manager respond to
Mrs. Campbell's letter concerning tbis matter.
FORMAL SESSION ITEM #19509
Vice Mayor Henley advised Council to make remarks during the
INFORMAL SESSION as pertinent and concise as possible in order
to begin the FORMAL SESSION promptly at 7:00 p.m.
SECTION 38-6 ITEM #19510
Councilman McCoy made reference to an item on the CONSENT
AGENDA, Ordinance to amend and reordain Section 38-6 of
the Code of the City of Virginia Beach, Virginia, pertaining
to the permits for purchase of certain weapons, and advised
he would like the Ordinance deferred for thirty (30) days
to provide the staff time to review this matter.
FRANCIS LAND HOUSE ITEM #19511
Councilwoman Creech advised today (February 28, 1983), bids were
to be opened for the utilization of the Francis Land House, and
to bring Council up-to-day on this matter, only two (2) bids were
received:
Council of Garden Clubs
Princess Anne County Historical Society
Three Chapters of the DAR
AND
Scrimshaw Interiors
-4 -
DOG ORDINANCE ITEM #19512
Councilwoman Oberndorf commended David M. Grochmal, Assistant
to the City Manager for Intergovernmental Relations, and his
Committee for the fine work they did on the Dog License ordi-
nance; however, she has received several complaints from
citizens who had problems getting their dog license as they
were unable to show proof their dog had been spayed or neutered.
The City Manager advised he and his staff will review this
matter for possible alternatives or additional information
for Council's perusal.
PARKING PROBLEMS ITEM #19513
Councilman Kitchin made reference to a letter from the City
Manager regarding parking problems on Atlantic Avenue and
advised a meeting was held with the Chamber of Commerce,
Restaurant Association, Tourist Bureau, City Staff, etc.,
concerning the parking problems.
Councilman Kitchin noted requests have been to utilize Atlantic
Avenue for parking during the winter and advised the staff "was
in the process of putting together some figures on time frames
as far as implementation and cost".
This matter will be on a future Council Agenda for further
discussion and vote.
BUCKNER/INDEPENDENCE
BOULEVARDS ITEM #19514
Vice Mayor Henley made reference to a letter from Councilwoman
McClanan concerning an item on the CONSENT AGENDA, Ordinance
to transfer Capital Project Funds of $300,000 from the Chesapeake
Beach Drainage Project (CIP 2-817) to the development of
Independence and Buckner Boulevards (CIP 2-995), and noted the
construction payment was listed as $300,000 in the Ordinance
and was discussed during the last meeting (14 February 1983),
as being $260,000.
The City Manager advised the difference of $40,000 represents
"contingency" funds for this project.
SPEAKER ON NEW BUSINESS ITEM #19515
Councilman Jennings advised he received a request from James
Roebuck, Chairman of the Virginia Beach Arts and Humanities,
requesting permission to speak before Council during the
FORMAL SESSION under NEW BUSINESS concerning "up-to-date
information regarding the "Virginia Beach Pops Orchestra".
22 88 3
- 5 -
TAX EXEMPT ORGANIZATION ITEM #19516
Councilman Jennings advised Council of a letter he sent to
them concerning Wayne Skinner's request that his Orgariization,
Outreach for Christ, be tax eXeMpt and his idea that an Ad Hoc
Committee be established consisting of those persons who should
be addressing this issue.
It was the consensus of Council this matter be referred to the
City Attorney's office for review.
REVIEW OF PLANNING ITEMS ITEM #19517
Vice Mayor Henley advised Councilwoman McClanan wrote Council
concerning two items on the Planning Agenda:
ITEM II-I.lb - The Ordinance to amend and
reordain Article 9, Section 901 (a) of the
Comprehensive Zoning Ordinance pertaining to
use regulations in the B-1 Business-Residential
District
1TEM II-1.4a/b - Applications of Creative Displays,
Inc., for a conditional use permit for TWO 10.5' x
36' billboards on the south side of Holland Road,
east of Rosemont Road;
AND, conditional use permit for ONE 10.5' x 36'
billboard along the west side of Holland Road,
south of Stoneshore Road, in the Princess Anne
Borough.
C I T Y M A N A C E R ' S A D M I N I S T R A T I V E I T E M S
INTERIM FINANCIAL STATEMENTS ITEM #19518
The City Manager asked Mr. Giles G. Dodd, Assistant to the City
Manager for Finance, to brief Council on the Financial Statements
from July 1, 1982 through January 31, 1983.
Mr. Dodd advised that through January 31, 1983, 46.4% of the
total revenues have been collected and in 1982, at this same
period, the City collected 43.9% and in 1981, 43.3%. Tbere
are three major sources of revenues the City is not able to
"get a good handle on" at this time:
Personal Property Tax
Business Licenses
Commonwealth Revenues
-6 -
TRANSPORTATION CENTER ITEM #19519
The City Manager advised Council that James R. Echols, Executive
Director of Tidewater Regional Transit, approached the City of
Virginia Beach to propose establishment of a transportation center/
parking facility in the beachfront area. it would serve as a
terminus for the campaign they will soon launch known as "Discover
Tidewater" which is designed to promote their proposed transit
link between various tourist areas in Tidewater.
The transportation center would have two basic functions:
1. To link our beachfront area with points
of interest and attractions in other
locations such as Waterside and Portsmouth's
Seawall to provide diverse activities for our
visitors who want "more than a beach"
2. If combined with adequate parking, this center
could help make the beachfront a "people place"
as recommended in both the Virginia Beach Ocean-
front Parking Plan and the Atlantic Avenue
Beautification Plan.
The Ad Hoc Transportation Task Force has discussed two basic,
short-term alternatives for this summer"
1. Build a temporary center in the southeast corner
of tbe Pavilion lot and designate it as our
temporary transportation hub
2. Utilize the Dome as a temporary hub.
Both alternatives have advantages and disadvantages. The Task
Force has been unable to arrive at a consensus, therefore, it
is recommended the Dome be designated as the temporary facility
for this summer.
It was the consensus of City Council that this matter can be
handled administratively.
FRANCHISES FOR LIFEGUARDS ITEM #19520
The City Manager advised Council the City advertised it would
be receiving sealed proposals at 7:00 p.m., on Monday, 28 February
1983. With Council's concurrence, it was suggested David M.
Grochmal announce at 6:50 p.m. and at 7:00 p.m. that he would
OPEN the sealed bids for the Lifeguard Service and Beach
Equipment Rental Franchise at Seven o'clock in the Council
Chambers.
David M. Grochmal, Assistant to the City Manager for Tntergovernmental
Relations, spoke on this matter
- 7 -
CONSENT AGENDA ITEM #19521
The City Manager advised on the CONSENT AGENDA ITEM II-H.7,
Ordinance to transfer $465,600 within the Community Development
Program, be deferred indefinitely.
LEGISLATIVE REVIEW ITEM #19522
The City Manager presented Council the status of Virginia
Beach Legislative Package as of February 28, 1983.
Mr. Grochmal advised the documents were final accounting of
what the General Assembly accomplished on the Legislative
Package items. Item Number four, the Virginia Museum of
Marine Sciences, was passed by the House and Senate. Item
Number Six, Pendleton Child Service Center, there was no
increase in the line item budget, but a Bill has been passed
which would change the funding formula to a "50/50 match".
City Council RECESSED into EXECUTIVE SESSION, (6:25 p.m.)
-8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beacb, Virginia
28 February 1983
7:00 p.m.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert C. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech*, Mayor Louis R. Jones, and
Reba S. McClanan
INVOCATION: Reverend Roy N. Wilson
Church of Christ Oceana
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
-9-
M I N U T E S
ITEM II-D.1 ITEM #19523
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Baum, City Council voted to APPROVE the Minutes of the Regular
Meeting of February 14, 1983.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech*, Mayor Louis R. Jones, and
Reba S. McClanan
*COUNClLWOMAN GREECH ENTERED MEETING AT 7:15 p.m.
-10-
L I F E G U A R D S E R V I C E B E A C H R E N T A L S
ITEM II-E.1 ITEM #19524
David M. Grochmal, Assistant to the City Manager for
Intergovernmental Relations, advised "at 6:55 p.m. he
asked for bids to be handed to me and again at 6:59 p.m.
These are the ones I received":
AREA NUMBER ONE:
1. W. H. Kitchin, Jr., t/a North Beach Service
The Franchise Fee FIRST year - $1,000
SECOND year - $1,000
THIRD year - $1,102.50
FOURTH year - $1,157.63
FIFTH year - $1,215.51
Total for five years - $5,525.64
Ca8hier's check - $ 552.56
2. Ocean Rescue Service
The Franchise Fee FIRST year - $20,000
SECOND year - $20,000
THIRD year - $20,000
FOURTH year - $20,000
FIFTH year - $20,000
Total for five years - $100,000
Cashier's check - $ 2,000
3. Virginia Beach Patrol, Inc.
The Franchise Fee FIRST year - $15,000
SECOND year - $15,000
THIRD year - $15,000
FOURTH year - $15,000
FIFTH year - $15,000
Total for five years - $75,000
Cashier's check - 1,500
AREA NUMBER TWO:
1. Ocean Rescue Service (contingent)
The Franchise Fee FIRST year - $15,000
SECOND year - $15,000
THIRD year - $15,000
FOURTH year - $15,000
FIFTH year - $15,000
Total for five years - $75,000
Cashier's check - $ 1,500
2. Ocean Rescue Service
The Franchise Fee FIRST year - $ 5,000
SECOND year - $ 5,000
THIRD year - $ 5,000
FOURTH year - $ 5,000
FIFTH ypa, - $ 5,000
Total for five years - $25,000
Cashier's check - $ 500
3. Virginia Beach Patrol, Inc.
The Franchise Fee FIRST year - $15,000
SECOND year - $15,000
THlRD year - $15,000
FOURTH year - $15,000
FIFTH year - $15,000
Total for five years - $75,000
Cashier's check - $ 1,500
Mr. Grochmal noted a letter was delivered to the Mayor and
Members of City Council from Mr. Tom Shell; however, no bid
documents accompanied the letter and Mr. Grochmal further
noted no one bid on AREA NUMBER THREE.
The following spoke concerning this matter:
Attorney Grover C. Wright, Jr., representing
Virginia Beach Patrol, Inc.
Attorney Robert B. Cromwell, Jr., representing
W. H. Kitchin, Jr., t/a North Beach Service
- 1 2 -
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council directed the Bid Documents be referred to the City
Manager and his staff for review to be brought back to City
Council with their recommendations.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
W. R. Kitchin, IlI
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 1 3 -
C 0 M M U N I T Y D E V E L 0 P M E N T
ITEM II-E.2 ITEM #19525*
COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
Vice Mayor Henley declared the Public Hearing on the Community
Development Funds for the Nineth Program Year open and noted
it was necessary to defer this Hearing for one (1) week to
obtain the input from the Citizens Advisory Committee.
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council voted to CONTINUE the Public Hearing on
the Community Development Funds for the Nineth Program Year to
obtain the input from the Citizens Advisory Committee.
Voting: 7-0
Council Members Voting Aye:
Nancy A. Creech, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay.
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
John A. Baum, Mayor Louis R. Jones, and Reba S. McClanan
- 14 -
ITEM #19526
Councilwoman Creech read the following statement:
"On behalf of the Council's Subcommittee appointed
to oversee the progress of the Museum project, I
would like to make a very brief report on the
actions of the 1983 General Assembly in its allocation
of $2.0-Million - not $1.5-Million as reported in this
morning's paper - for the construction of this facility.
"As I know all of us are aware, unanticipated shortfalls
in state revenues made this an extremely difficult year
to obtain any kind of funding for any purpose. We are
extremely fortunate in being able to have the Museum
added to the state's list of capital projects to be
funded in 1983-1984, providing funds are available.
Although this is a conditional funding, it is significant
in terms of our efforts to obtain state participation in the
building of this project.
"I think it is also significant in terms of the
accomplishments of the entire Virginia Beach
legislative delegation. I know for certain that
our legislators worked hard and worked cooperatively
for the passage of this amndment. I am sure you will
want to join @ in expressing pride and thanks for
their collective accomplishment and in extending a
very special appreciation to Delegate Gwen Pickett who
sponsored the amendment and guided it through the
House Appropriations Committee.
"Council should also know that the amendment received
invaluable support on the Budget Conference Committee -
a committee on which Virginia Beach has no members -
from the legislators from Portsmouth, Hampton and other
parts of the State. I think the fact that the General
Assembly was willing to make an exception for this
project - it was the only building project of its kind
added to the budget - and the help it received from
legislators throughout the State are indicative of the
interest in making this facility become a reality in
Virginia Beach.
"Obviously, Mrs. McClanan and I have not had the time to
fully study the amendment or discuss with staff its
possible impact on establishing a construction schedule.
However, with your concurrence we want to examine this
and report our findings and possible recommendations to
Council later this month."
ITEM #19527
Vice Mayor Henley read the Resolution in Recognition and
presented same to CLYDE N. MERRITT, REAL ESTATE ASSESSOR,
upon the occasion of his retirement for a job well done.
Vice Mayor Henley also presented to Mr. Merritt a Stained Class
City Seal.
- 1 5 -
ITEM II-F.2 ITEM #19528
Vice Mayor Henley presented a Resolution in Recognition to
VERNON FEREBEE who has reached his anniversary of Forty Years
in employment with the City of Virginia Beach.
ITEM #19529
The Resolutions approving Industrial Development Revenue Bonds
were deferred until after the CONSENT AGENDA.
C 0 N S E N T A G E N D A
ITEM II-H ITEM #19530
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
City Manager and ADOPT the CONSENT ACENDA by ONE MOTION with
the exception of ITEMS II-H.3, II-H.6 and Il-R.7 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., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
2 2 8 8 3
- 1 6 -
ITEM II-H.1 ITEM #19531
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Resolutions in Recogntion to:
CLYDE N. MERRITT
VERNON FEREBEE
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 1 7 -
RESOLLITION IN RECOGNITION
UIHEREAS:
F,'Lor,i t,'Le days tchen Ciltenies wcL,5 Gove-,@io,,, o6 Sy@@, Soc@ett@ ;.as bee@t
taxed coith an app,,LopA,@ctte to suppoilt the goveAiii,,7ent. Cd,@l,s, to(c,;L6
and countics have v@ot@,s meastLLm co' Cevy upoil teaz p@op@@es -,,tat oiLde;L
b@ic )Leve@tua O'ot co@nffllt@tity setvices. The act o6 cussesst)ient is ,Lei,'@ted by the
@,5e,s,so,t wliose deteamination is b"ed upon 6o)u7iLttas combi@L@ng kizotcted,,i-, and
expe,tience.
lit ti,c City o6 ViiLgLLia Beach, the i's o;le o6 6,@ve Councit-
appoi@@ve o66ici@ who 5eAve at CoiLiicU',5 pZea,5LL,e. In hi,6 qu@ a;,Id unassum-
ing mannet, CLYDE N. AIERRITT has succe,6,s6uUy iiicuteLed ttie @ o@ ma,@-i@,.o tile
Zevy, tendeting the ve)Ldict a;id satis6yipig the diss,7,t@6ied.
Hi,5 cct,,LeeA began @ a@i App@,,@eA t,)itti the Com@ssionv, o6 RL@?enue in
MoAch 1966 a6t&-L )tetitemerlt 6,,Lo)n the U@@ed Stcte,,s @lavy. He hc-s advcj,ced hZs
education t,'iaough numeao@s sei@ii;iat,@ a@id co@es w[L@c;L quati6ied ;ii)n c 6i-
cation thaough tlie Reat E tate Apl.),tcL@eA and the de@@git-,-,;Icn o6 ASA
... Ameticait Soc,@ety o6 Ap@ais@@... and C.,fHA... Ce'-@@3'ied @kfanu6ac-tuLeL@ Hou5ing
App@seA. He ho-s se)Lved a,5 a Bo(iLd @nembe,-L o6 tlie V@LgijLa o@ As-
,se,s,sing 063'ic Ls (1975, 7976, 1977 a;td 1978); P,,Lesic,e@Lt o3' the Soc@ety
o6 App@se,,us, Hampton Ro@ C'Zapte,-L No. 31 ik@ 7976 a@Ld 1977; P,-L o6 the
A,szociatio@i o@ Goveim@eyLt App@@L e,@s ipi 1987; a)td, vatio@ meiribea-
,5hip,s @n -ecccJ-, 5tate and nat@onat ol@ganiz@oiL6 o3' App@seu aild A.3sLs6ing
0 6 6icetz .
NOW, THEREFORE, BE IT RESOLVED BV THE COLIVCIL OF THE CITY 'L'F VIRGINIA
BEACH, VIRGINIA:
Titat @feiqb@ o6 the Vi,,Lgi;7,ia Beach C@y Cou;zcU heLeby ex@,,.,ss s@iceae
app,te@aticit ajid deepe6t g,,Lat@tude O'c@L the dedicat,-d se,,Lvice o6 "@Lb C
,se,kvai,it.,
CLVDE N. MERR@, REAL ESTATE ASSESSOR
and in behae6 o)' the citizenz cong,Lc,@,LLeat@ him ul.,c@z tlie occ@io;,. c,3' ;,@5 )teti)Le-
ment 6o@ a job tteU done and teish he and hi,5 toveeil @ti3le, kiaxine, b@'eA,5ings
o6 teLu/Le Uvi@ig at HoEiday 1,Lfakid iv@IL happine,@,5 @;L eve,-Ly ende-@-c-L.
BE IT FURTHER RESOLVED: T,'tat a copy oi t,'@ )tesoE@c;i be 5,c@'Lead upon
the tecotd ci @lizs Fo=aZ Ses,@ion ol' -C@ie VZLgi@La Beacli City Cou-;,r-@
Twe y-Eig;tth day o6 Febtuo,Lti, N,biete@i HundAed and Eighty-TIftee.
Vice- @fayo)L @tatfo,,L
-18 -
RE@q,?LUTION IN RECCI-Nl,-10.'@
WHEREAS, t ie Cit:f CounciZ, bein.- the governing bc,@:; of the
City of Virginia Berch, is cancer-ned tha-', Citu e,,nptoyees b@ @@cognized
or their achievements in various facets o@ emu@@oyment ard their
f
contribution of time, tazent and effort;
WHEREAS, ir. the course of our t-Ives, there are r;e,,@ins w@zo
attain fame and g-reat wealth for the ser7,,--'ce t',zey render feLLow-
men. Yet, there are many who render suc@ services at greal rersonal
sacrifice who are qu@'et and unassuming in their mode o.@@ ti.@j and ptace
more va@ue on the c@,fort and weLZ being of o-lilers than on 77'-Zise and
monetary gain;
WHERI@IAS, Vernon Ferebee, PIotor Iqu,,,ment Opera-,or in the
DeDartment of PubZil- Works, Street Mainte,,ance, was empzo!.,El@ @t the
age oi- 16 years on Januari/ 1, 1943, and @.as performed a v---@@--ly of
tasks. His supervisors h@ve described hi-, as a reZiabZe, @@:,Stworthy,
devendabLe. seLf-mo---*va-led and ded@.cated --orker who has
mastered various heav-@-dut7@ motor equiprre@-1. Fe sets an .-@;--,anding
exar,7ple for any Ci@l-,; -m@llo-iee;
liow @T!F
I EC -IT RFSOLVED: @al t@,e Virg@n-. --@.ch City
Cour.ciZ on behaz@ o.@ i-Is citizens, recoc,-.@--es "@is ded,,*ca@-@-: -@-ty em-
pZoyee
17 F -R N 0 N F E R E 3 E E
who has reached his gnn@versaru of FORTY -v7-4RS ,n emvlou7e-,:7 @ith the
City of Virginia @ac',,.
2E IT FURf7= R-ISOLVED: rnat t@e 'viriinia B?ac@ ---'-;y Counciz
pubLicZy expresses @ts gratitude to Verro-@. Ferebee for @@s -@:-,itiniiing
efforts and for his reolitation as an outs-landin.a city The
CZerk o@ Counc@Z is @reby directed to fr--ne tn,*s .@or pre-
sentation with a cocii srread uoon the record o@ this lormaz
session of Cit?j Cou'rCWIZ.
Given under my hand seal this
Twen-,:,.,-Eighth day o.@ --e---,Llary,
Nine-een Hundred an@ -7,1@@;,ty-Three.
Mayor
- 1 9 -
ITEM II-H.2 ITEM #19532
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Resolution authorizing the City
Manager to execute a license agreement with Carolina and
Northwestern Railway Company in order to construct a water line
across its right-of-way and provide City water service to a
parcel of property on Lynnhaven Parkway.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 2 0 -
A meeting of the Council of the City of Virqinia Beach,
Virginia, was held in the Council Chambers, in the Administration
Buildinq, on the 28th- day of FebDruar_y_ 1983.
On motion by Councilman Jenning:s and seconded
by Counciliqoman Creech the following FResolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, Decker Realty Companv is constructing a
buildinq on a parcel of property in the City of Virainia Beach on
Lynnhaven Parkway; and
WHEREAS, in order to provide City water service to the
said property to fulfill domestic and fire protection needs, it
is necessary for the City to obtain permission fro.,n Carol.ina and
@Nlorthwestern Railway Conpany to construct a water line across its
right-of-wa,v; and
WHEREAS, said extension of the City wate.- syste-m is
beneficial to the health, safety, and welfare of the citizens of
the Citv of Virqinia Beach.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and he hereby is, authorized
to execute a License Agreement with the Carolina and Northwestern
Railway Company.
Adopted by the Council of the City of Virqinia Reach on
F-ebruary 28 1983.
RHM/cb
2/8/83
RES/2
- 2 1 -
ITEM II-H.4 ITEM #19533
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT ON SECOND READING the Ordinance to
appropriate funds of $547 to the Police Department and increase
estimated revenues in the General Fund.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 2 2 -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $547 TO THE POLICE
DEPARTNIENT AND INCREASE
ESTINIATED REVENUES IN THE
GENERAL FUND
WHEREAS, the Police vice squad seized $547 in
a gainbling raid, and
WHEREAS, the ensuing court case has been
concluded, and the money seized has been forfeited
to the City of Virginia Beach, and
WHEREAS, the Police Department has requested
that the confiscated funds be placed in the Uniform
Division's confidential account for use bv the
vice unit, and
WHEREAS, City Council feels this is a proper
request and desires to support the ef-lorrs of the
Police Department's vice unit.
NOVi' THEREFORE BE IT ORDAINED BY THI- COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds o-@ S547 are
hereby appropriated to the Police Depar-L.-ent Uniform
Division's confidential account for use bv the vice
unit.
BE IT FURTHER ORDAINED that the Geiieral Fund
Revenue confiscated nionies be increased bv $547 to
finance this appropriation.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City o-@ Virginia
Beach on 28 day of February lc-'83.
FIRST READING: F,?bruary 14, 1983
SECOIID READING: F,?br@.ry 28, 1983
- 2 3 -
ITEM II-H.5 ITEM #19534
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and APPROVE ON FIRST READING the Ordinance
to appropriate funds of $1,688,828 to establish a School
Textbook Rental Fund Fiscal Year 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., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*Although City Council is being asked to appropriate these
funds, the appropriation is financed by the revenues generated
from the textbook rental operation and not local taxes.
-24-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $1,688,828 TO ESTABLISH A SCHOOL
TEXTBOOK RENTAL FUND FY 1982-83
BUDGET
IVIIEREAS, tlie Attorney General of Vir.-inia has
opined that Sclicol Board expenditures of funds gelierated
by the rental ol- textbooks requires an appropriation o@@
the local governin.- body, and
@'l-HEREAS, the Virginia Beach School Board has a
textbool@- rental plan whereby rental income is deposited
in a textbook rental fund and purchases of textbooks
and other related expenses are paid from this fund, and
@',@HEREAS, tlie School Board has submitted a Textbook
Rental Fund bud-let for FY 1982-83 in order to compl@,
with the Attorney General's opinion, and
1','HEREAS, the Textbook Rental bud.-et approved bv
the School Board on Feb-uary 15, 198-), includes total
revenues ol- $1,688,828 and total d 4sburser@ients of
$1,688,S2S for fiscal year 1982-8-@.
N
@ 07 THEREFORE, BE IT ORDAIN-Z:) BY THE COUNCIL Of-
THE CITY O@ VIRGINIA BEACH that funds o-@ Sl,688,828
be appropl-iated for a School Textboo'l- Rental Fund
bud.-et in the manner approved bv the School Board in
its meeting of February 15, 1983.
B@- IT FURTHER ORDAI@NED that this aTDpropriation
be financed by Estimated Revenues in the Textbook
Rental Fund of $1,688,828.
This ordinance shall be effective from the
date ol its adoption
Adopted by the Council of the City of Virginia
Beacii oii the day of 19
First Readin,,,: 28 February 1983
Second Readin.-:
- 2 5 -
ITEM II-H.8 ITEM #19235
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to transfer Capital
Project Funds of $64,935 from Project #2-817 - Chesapeake Beach
Drainage to Project #2-832 Wesleyan Drive. (Campus East)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
2 6 -
AN ORDINANCE TO TRANSFER CAPITAL
PROJECT FUNDS OF $64,935 FROM PROJECT
#2-817 - CHESAPEAKE BEACH DRAINAGE
TO PROJECT #2-832 - WESLEYAN DRIVE
WHEREAS, Campus East Associates is developing in the Bayside Borough,
certain real property which, according to the City's @laster Street and Highway
Plan, is to be bisected by the extension of Wesleyan Drive, and
WHEREAS, the developer has agreed to participate with the City on a
fifty-fifty basis in the construction of Wesleyan Drive through the Developer's
project, and
WHEREAS, the City's cost to participate in this agreement is estimated
to be $317,335, and
WHEREAS, Project #2-832 - Wesleyan Drive has available funding of
$252,400 and an additional $64,935 is needed, and
WHEREAS, the additional funding needed can be transferred from Project
#2-817 - Chesapeake Beach Drainage due to the reduced scope of that project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that capital project funds of $64,935 be tran,;ferred from Project #2-817 -
Chesapeake Beach Drainage to Project #2-832 - Wesleyan Drive.
BE IT FURTHER ORDAINED that the City Ilanager is hereby authorized to
enter into an agreement with Campus East Associates to participate on a fifty-
fifty basis in the cost of construction of Wesleyan Drive through the DeveloperIs
project.
Approved by the Council of the City of Virginia Beach, Virginia on the
day of February 1983.
- 2 7 -
ITEM II-H.9 ITEM #19536
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordiance to transfer funds of
$106,879 within the Erosion Commission Budget for the Reach
Replenishment Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 2 8 -
AN ORDINANCE TO TRANSFER FUNDS
OF $106,879 WITHIN THE EROSION
COMMISSION BUDGET FOR THE BEACH
REPLENISHMENT PROGRAM
WHEREAS, City Council desires to continue the Beach Replenishment
Program which includes the hauling and placement of sand on the beach
yearly; and
WHEREAS, the sand hauling program for this spring will cost
$560,000 as determined by low bid; and
WHEREAS, the Erosion Commission has funds of $453,121 specifically
available for the project and the additional funding needed of $106,879
is available by transfer from other sources within the Commission's
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $106,879 be transferred from available sources within
the Erosion Commission budget in order to complete the funding requirements
for the hauling and placing of 140,000 cubic yards of sand on the beach.
Adopted by the Council of the City of Virginia Beach on 2 8th
day of February, 1983.
- 2 9 -
ITEM II-H.10 ITEM #19537
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance approving the Terms
and Conditions of an Agreement for certain Voter Election
Equipment between the City of Virginia Beach and Computer
Election Systems; Authorizing the City Manager to execute
the approved Agreement; Authorizing the City Manager to
implement and carry out the terms of the approved Agreement.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
-30 -
AN ORDINANCE APPROVING THE TElu4S AND
CONDITIONS OF AN AGREEMENT FOR CERTAIN
VOTER ELECTION EQUIPMENT BETWEEN THE
CITY OF VIRGINIA BEACH AND COMPUTER
ELECTION SYSTEMS: AUTHORIZING THE CITY
MANAGER TO EXECUTE THE APPROVED AGREE-
MENT: AUTHORIZING THE CITY MANAGER TO
IMPLEMENT AND CARRY OUT THE TERMS OF THE
APPROVED AGREEMENT
WHEREAS, the City of Virginia Beach and Computer
Election Systems have reached an agreement concerning the purchase
of certain election equipment that has been requested by the
Virginia Beach Electoral Board; and
WHEREAS, it is the desire of the City Council of the
City o@@ virginia Beach to implement the contract dated February
22, 1983.
NOW, THEREFORE, BE IT ORDAINED BY T@IE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the terms and conditions of the agreement, a
copy ol- which is attached her@to, are hereby approved.
The City Manager is hereby authorized and directed
to execute the agreement on behalf of the City subject to Ccimputer
Election Systems providing a promissory note for $40,000.00
secured by a payment bond of like amount.
The City Manager is hereby authorized and directed to
imple-,nent and carry out the terms and provisions of the approved
agr--ement.
This ordinance shall be effective from and a@@ter
its adoption.
ADOPTED: February 28, 1983
JDB:er
2- 2 3-8 3
- 3 1 -
ITEM II-H.11 ITEM #19538
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance closing, vacating
and discontinuing a 15-foot alley located between Atlantic
Avenue and Myrtle Avenue, in the petition of Claud P. Brownley,
III, Tren L. Brownley and Bernice Leonard, in the Lynnhaven
Borough.*
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*All conditions having been met, this is FINAL approval of
the Street Closure
3 2 -
ORDINA@ICE NO.
Irl TIIE MAT'I'ER 01- CLOSING, VACATI@IG AND
DISCONTIrqUI@IG THAT CERTAI@T ALLEY BETWEEN
t4YRTLE AVENUE AND ATLANTIC AVEDIUE, LOCATED
TN THE CITY OF VIRGINIA BEACH, VIRGINIA,
SliOl@itl ON TtiAT CERTAIrl PLA'P ENTITLED "PLAT
Sii0@IING 15 FOOT ALI,EY ADJOINING LOTS 76,
77, 95 AND 96, THE [IOLLIES, PROPOSED TO BE
CLOSED BET%QEEN T@IYRTLE AVENUE AND ATLANTIC
AVE@JUE, VIRGINIA BEACii, VIRGINIA, WIIICH PLAT
IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN NIAP BOOK I AT PAGE
WHEREAS, it appearing by affidavit that proper noticr,
has been given by Claud P. Brownley, III, Tren L. Bro;inley arict
Bernice Leonard, that they would make application to the CoLinril
ol@ the City of Virginia Beach, Virginia, on January 10, 19@l, t
have the hereinafter described alley discontinued, closed ati@-I
vacated; and
@liffEREAS,. it is the judgment of the Council that s,lid
alley be discontinued, closed a.,id vacated;
NOW, THEREFORE,
SECTIO@l I
BE IT ORDAI@IED by the Council of the City c)@- Virairi-i
Beach, Virginia, that the hereinafter described alley be
di-scontinued, closed and vacated:
Beginriing at a point in the northeastern corne-
of Lot 76 as shown on "Plat of the Hollies Tract,
made by Thomas M. Hod@es or the Collins heirs,
recordecl iri Deed Book 57, at Page 417 and in Map
Book 6, @it Page 107, both in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach", thence in a northerly direction 15 feet
in and alorig the weste-n side Of Atlantic Avenue
corner c@
across a 15 foot alley to the southeast
Lot 95; thence in a westerly direction along the
southern boundary line of Lot 95 and Lot 96, 80
feet to a point, in the southwestern corner of
Lot 96, which said point is ori the easl@ern line
of Myrtle Avenue; thence in a southerly dire-tion
alorig the eastern line of P4yrtle AvE@nue across
said 15 foot alley to a point in the nort),,iest
corner of Lot 77 as sho,,in on the aforesaid plal@;
thence in an easterly direction along the
northerri I)oundary liz-.e of said Lots 77 and 76, 80
feet to the point of beginning.
Said parcel of larid being that certain alley as indicated orl
IAIIIIGS that certain plat of property to be vacated betvieen Myrtle
Avenue. and Atlantic Avenue, in the City of Virginia Beach,
3 3 -
Vir,Uinia, which plat is recorded in the Clerk's Office of til(,
Circuit Court 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 iti
the office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as granti)r.
SECTION III
This order shall be in effect 30 days from the dzite- of
its passage.
.so.,
@ILINGS
- 3 4 -
ITEM II-H.12 ITEM #19239
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance authorizing the
acquisition of property in fee simple for rights-of-way for
Queen City Sewer/Water Sewer Improvements Project and the
acquisition of temporary and permanent easements of right-
of-way, either by agreement or by condemnation.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Ab8ent:
Mayor Louis R. Jones, and Reba S. McClanan
-35 -
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN
FEE SIMPLE FOR RIGHTS-OF-WAY FOR QUEEN CITY SEWER/WATER
STREET IMPROVEMENTS PROJECT AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER
BY AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and to provide water and sewer lines and for other public
purposes for the preservation of the safety, health, peace, good
order, comfort, convenience, and for the welfare of the people in
the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Citv Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, includinq temporary and
permanent easements of rights-of-way as shown on the plans
entitled, Queen City Sewer/Water/Street Improvements Prolect,
these plans beinq on file in the office of Real Estate Department
of Public Works, Virqinia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall he in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -28 day of February 19 83.
ATURE
DSH/re
(9) DEPART/V@ENT
APPROVE@D AS TO Fr-Rtcl,
f)
-36 -
ITEM II-H.13 ITEM #19540
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and APPROVE the proposal submitted by
Minnesco Division of 3M Corporation for lease/purchase of a
microfilm camera and reader/printer for Police/Records at
an annual percentage rate of 9.43%; AND, authorized the City
Manager to enter into the necessary agreements for this
lease/purchase.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 3 7 -
ITEM II-H.14 ITEM #19541
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and APPROVE the request of the City Treasurer
for tax refunds in the amount of $491.99.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
M NO. C.A. 7 -3 8-
2/1 5/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the followi-ng applications for tax refuhds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Timothy T Masem 83 Pkng 16282 1/27/83 10.00
Peter Eustis 82 Pkng 21706 11/26/82 10.00
Paul A Malvin 82 Pkng 77412 11/18/82 12.00
Estate of Edward F Gee 80 Wills N/A 1/9/80 16.67
Anna B Kemper 83 Dog V15407 1/11/83 5.00
Robertson C Dailey 83 Dog V12259 2/2/83 2.00
William & Alice Brewster 83 RE(1/2) 9336-6 12/5/82 2.00
Claud P Brownley etals 83 RE(1/2) 10623-6 12/5/82 4.00
John W & Mable L Lamb 83 RE(1/2) 47033-2 12/29/82 65.37
Inez C Hyman 77 PP 45524 8/3/82 188.54
John W Francisco 78 pp 32143 1/27/83 33.58
Robert C Schultz 82 pp 151801-1 12/5/82 26.10
Darryl E Miller 80 pp 78233 1/18/83 16.95
J Howard Ballard 82 pp 142819 12/1/82 99.78
Total 491.99
0-
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ 4 9 1 . 9 9 were approved by
the Council of the City of Virginia
Beach on the 28 day of February
Approved as to form:
Ruth Hodges Smith
City Clerk
D@le-Bimso'n, 6it@y-Attorney
- 39-
ITEM II-H.15 ITEM #19542
Upon motion by Couricilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and APPROVE the request of the Commissioner
of the Revenue for license refunds in the amount of $680.77.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
FORM NO. C.A. a -4 0 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certificatiori of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
C.R.V. Inc.
3140 Chapparral Dr. 1982 Audit 437.50
Suite C 206
Roanoke, Va. 24018
Desmonds of Va. Beach, Inc.
2210 Greenbrier Drive
Charlottesville, Va. 22901 1982 Audit 197.47
Setzer, Richard W., Jr. &
Joseph D. 1981 2/10/82 25.00
700 Coach House Ct.
Va. Beach, Va. 23452
Video Movies, Inc. 20.80
1738 E. Little Creek Rd. COtified as to Payment:
Norfolk,.Va. 23518 1981 Audit
Ivan D. Mapp (-/V
Commissioner of Revenue
Approvlq as t
b-ate Bimson
This ordinance shall be effective from date of ty Attorney
adoption.
The above abatement(s) totaling 680.77 were approved by the Council
of the City of Virginia Beach on the 28 day of February g 8 3
Ruth Hodges Smith
City Clerk
-4 1-
ITEM II-H.3 ITEM #19543
The City Clerk read the listing of names of those persons
opposing the proposed Ordinance.
Upon motion by Councilman McCoy, seconded by Councilman
Kitchin, City Council voted to DEFER FOR NINETY (90) DAYS
(June 6, 1983), the Ordinance to amend and reordain Section
38-6 of the Code of the City of Virginia Beach, Virginia,
pertaining to the permits for purchase of certain weapons
to permit the Staff to meet with the citizens on this matter
and bring back recommeiidations to City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Non@
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
-4 2 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE PERMITS FOR
PURCHASE OF CERTAIN WEAPONS
BE IT ORD.:KINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-6 of the Code of the Citv of Virqinia
Beach, Virginia, is hereby amended and reordained as follows:
Section 38-6. Permit prerequisite to purchase of certain
weapons.
(a) No person shall sell, lease, rent, give or
otherwise furnish to any person within the city any pistol,
-I-Ike-k@nd7
revolver, or similar tvpe of handaun unless a permit qranted by
the chief of police, or such other officer of the police
department as may be desiqnated,' in writing,-by,the chief of
police, is presented authorizing the holder of such permit.to
acquire such weapon. Such permit shall.be surrendered to the
person furnishing such weapon, who shall preserve it for
inspection, upon recuest, by the police of the city.
(b) No permit reauired by (a) above shall-be issued
to:
1. Anv person under the ace of 18 years;
2. Anv convicted felon;
3. Anv r)erson under indictment or information for
a felony;
4. Anv person who at the time of application is
charged with acrime involving violence;
5. Any person who has been found to be not quilty
of a felony on the basis of insanitv;
6. Any person who is a fuaitive from justice;
7. Any person who presently is an unlawful user
of, or addicted to, marijuana, a denressant,
timulant, or narcotic drug; and
8. Anv person who has been committed to a mental
institution.
(C)+b@ Every applicant for a permit recuired bv this
section shall pay to the city treasurer an application fee of
2/28/83
-4 3-
five dollars ($5.00). This fee shall not be charqed to sworn
police officers of the city.
C-1-ase-+-m-iadeymeaner7 It shall be unlawful and a Class I
misdemeanor for any person to acquire or to sell such weapon as
named herein without obtainina the permit as herein recuired.
Adopted by the Council of the City of Virainia Beach,
Virainia, on the day of 1983.
DEFERRED FOR NINETY DAYS: 28 February 1983
KJC/da
1/24/83
(E)
-2-
-4 4 -
ITEM II-H.6 ITEM #19544
Mr. Crowshaw represented the following citizens who own property
in the Chesapeake Beach area:
Mr. Cliff Golden
Mr. Dennis Abernathy
Mr. and Mrs. Charles Eurea
Mr. Harold Abernathy
Mr. B. Frank Williamson
Mr. Crowshaw requested deferral of this matter to permit his
clients input.
Upon motion by Councilman H@ischober, seconded by Councilwoman
Creech, City Council voted to to DEFER FOR ONE WEEK (March 7,
1983), the Ordinance to transfer Capital Project Funds of
$300,000 from the Chesapeake Beach Drainage Project (CIP 2-817)
to the development of Independence Boulevard and Buckner
Boulevard (CIP 2-995)-
Vot ing: 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.,"@-^ Robert C. Jones, W. H. Kitchin, III, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*Councilwoman McClanan wrote a letter to City Council concerning
this matter. (A copy of which will be incorporated in the
Minutes of this day's meeting.
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
-4 5-
@it@ C>f -Vit-@i@i@
REBA S. MC CLAN AN 3224 BURNT STILL ROAO
COUNCIL MEMBER VIRGINIA BEACH, VIRGINIA 2@4@
PRINCESS ANNE BOROUGH PHOIE (80@) 3@0-8835
28 February 1983
Honorable Mayor and
Members of City Council
Re: Ordinance to transfer Capital Project
Funds of $300,000 from the Chesapeake
Beach Drainage Project (CIP 2-817) to
the development of Independence and
Buckner Boulevard (CIP 2-995).
Dear Fellow Council Members:
I would simply like to mention the fact that tbe
item on the CONSE@NT AGENDA, concernin.@ Buckner Boulevard and
Independence Boulevard, was given to us last week with the
estimates for the construction payment on the part of the
City bein@. $260,000, arid tonight's Resolution indicates that
we are appropriati@i.@ $300,000, which is $11-0,000 more than
the low bid estimate that was stated to us last week.
This particularly bein@. in my Borou@.h, of course,
gives me pleasure to know that any road is being improved
and updated in the area; however, I believe the item should
be amended to include the cost that was given to us last
week.
Thankin@. you for your consideratiori, I am,
Sincerely yours,
Reba S. McCla-,ian
RSMcC:dmh
- 4 6 -
ITEM II-H.7 ITEM #19545
Upon motion by Councilwoman Creech, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the City Manager and DEFER INDEFINITELY the Ordinance to
transfer $465,600 within the Community Development Program.
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., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
-4 7 -
AN ORDINANCE TO TRANSFER
$465,600.00 WITHIN THE
COMMUNITY DEVELOPMENT PROGRAM
WHEREAS, the Office of Housing and Cbmmunity
Development (HCD) has been notified that the constructioh Phase
of their Seatack Street Project is ready to be bid, and
WHEREAS, the determination has heen made that
additional approdriations are required so that funding for this
construction phase can be certified, and
WHEREAS, funds are available for transfer from the
@ommunity Development seventh and eight program year caldital
project budgets, and
WHEREAS, funding to the projects from which these
transfers will be made'will be restored in the FY 84 Community
Development budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRIGNIA BEACH, VIRGINIA:
That a transfer of aidpropriations in the amount of
$465,600.00 be made within the Seventh and Eighth Program Year
capital proiect budqets for funding the Seatack Sl@re,--t Project.
Adopted by the Council of the City of Virginia Beach on
the day of 1983.
JDB/re
2/8/83
(D) DEFERRED INDEFINITI-LY: 28 February 1983
APPROVED AS TO CO.NTE,,T
-4 8 -
ITEM II-G.1 ITEM #19546
The following persons spoke concerning these Resolutions:
Barry Hunter
James L. Miller, Tower Enterprises
David N. Reda, Attorney for Steven L. McCleaf and
Shirley W. McCleaf
Morris Flater, Hunton and Williams, for Expressway
Motel Associates
Robert J. Mills was registered but did not speak
David Richardson, AREA Corporation
Upon motion by Councilwoman Creech, seconded by Councilman
Jones, City Council voted to ADOPT the Resolutions approving
the issuance of Industrial Development Revenue Bonds:*
Resolution approving the issuance of Industrial
Development Revenue Bond in the amount of
$4,500,000 to EXPRESSWAY MOTEL ASSOCIATES.
Resolution approving the issuance of Industrial
Development Revenue Bond to COLUMBUS STREET
ASSOCIATES in the amount of $ITGGGTGGG AMENDED:
$3,800,000.
Resolution approving the issuance of Industrial
Development Revenue Bond to THALIA CARPET AND
DRAPERY SHOP, INC., in the amount of $500,000.
Resolution approving the issuance of Industrial
Development Revenue Bond to TOWER ENTERPRISES
in the amount of $40GTG99 AMENDED: $600,000.
Resolution approving the issuance of Industrial
Development Revenue Bond to SYSCON CORPORATTON
in the amount of $5,700,000.
Resolution approving the issuance of Industrial
Development Revenue Bond to JAY-CEE PROPERTIES
in the amount of $275,000.
Resolution approving the issuance of Industrial
Development Revenue Bond to STEVEN L. McCLEAF
AND SHIRLEY W. McCLEAF in the amount of $;G97(490
AMENDED: $600,000.
Resolution approving the issuance of Industrial
Development R@venue Bond to AREA CORPORATION in
the amount of $7,000,000**
Resolution approving the issuance of Industrial
D@velopment Revenue Bond to JOHN W. HARRIS AND
ASSOCIATES, III, in the amount of $725,000
2 2 88 3
4 9 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*ALL INDUSTRIAL DEVELOPMENT REVENUE BOND RESOLUTIONS WERE VOTED
ON BY ONE MOTION
**Resolution was incorrect in Agenda; however, the corrected
one has been incorporated in this day's meeting.
2 / 2 88 3
- 5 0 -
A meetinq of the Council of the City of virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 28 day of February 1983.
On motion by Councilwoman Creech and seconded by
Councilman Jones the following Reso ution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENIJE
BOND TO EXPRESSWAY MOTEL ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the
application of Expressway Motel Associates (the Company) for the
issuance of the Authority's industrial development revenue bond
in an amount not to exceed $4,500,000 (the Bond) to assist in the
financing of the Company's acquisition, construction, and
equipping of a motel facility (the Facility) in Virginia Beach,
Virginia, and has held a public hearinq thereon on February 8,
1983.
WHEREAS, the Authority has reauested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approvinq the
issuance of the Bond, subject to terms to be agreed upon and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virqinia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the
benefit of Expressway Motel Associates, to the extent required by
Section 103(k) of the Internal Pevenue Code, to permit the
Authority to assist in the financinq of the Facility.
2. The approval of the issuance of the Bond, as reauired by
Section 103(k), does not constitute an endorsement of the Bond Or
the creditworthiness of the Company, but, as required bv Section
-51-
15.1-1380 of the Code of virginia of 1950, as amended, the Bond
shall provide that neither the City nor the Authority shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on February 28, 1983 198 3.
CMS/CJ/da
2/1 6/8 3
(I.1
-2-
52 -
A meeting of the Council of the City of Virginia Beacli,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 28 -_ day of February 1983.
On motion by Wf@r-p@- -- and seconded by
Cou ne to wlii@Reso ution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSIJANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO COLUMBUS STREET ASSOCIATES
WHEREAS, the City of Virqinia Beach Development Authority of
Virginia Beach, Virginia (the Authoritv), has considered the
application of Columbus Street Associates (the Company) for the
issuance of the Authority's industrial development revenue bond
in an amount not to exceed $3,800,000 (the Bond) to assist in the
financing of the Company's acquisition, construction, and
eq.uippina of an office and warehouse facility (the Facilitv) in
Virginia Beach, Virginia, and has held a public hearing thereon
on February 8, 1983.
WHEREAS, the Authority has rec-rues-1--d the Citv Council (the
Council) of Virginia Beach, VirQinia (tle City), to approve the
issuance of the Pond to comidly with Secl.ion 103(k) of the
Internal RevenLie Code of 1954, as ameneed; and
WHEREAS, a copy of the Authoritv's resolution approving the
issuance of the Bond, subject to terms to be aqreed upon and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY T-TIE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virqinia,
approves the issuance of thp- Bond by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the
benefit of Columbus Street Associates, to the extent required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the Company, but, as required bv Section
- 5 3-
15.1-1380 of the Code of Virginia of 1950, as amended, the Bond
shall provide that neither the Citv nor the Authoritv shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxinq power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect im.,nediatelv upon
its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on 28-February 983 198 3.
CMS/CJ/da
2/1 6/8 3
-2-
-5 4 -
A meetinq of the Council of the City of Virqinia Beach,
Virginia, was held in the Council Chambers, in t@e Administration
Buildinq, on the 98__ dav of Fetruarv 1983.
On motion by Creech and seconded by
Councilman Jones the followl-nq Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO THALIA CARPET AND DRAPERY SHOP, INC.
WHEREAS, the City of Vir-inia Beach Development Authority of
Virginia Beach, virginia (the Authority), has considered the
application of Thalia Carpet and Drapery Shop, Inc. (the Company)
for the issuance of the Authority's industrial development
revenue bond in an amount not to exceed $500,000 (the Bond) to
assist in the financing o--@ the Company's acquisition,
construction, and ectuipping o-@ a manufacturina and retail carpet
and drapery facility (the Faci-lity) in Virginia Beach, virginia,
and has held a public hearina thereon on February 8, 1983.
WHEREAS, the Authoritv has reauested the City Council (the
Council) of virqinia Beach, Virginia (the City), to approve the
issuance of the Bond to cointDl,,@ with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a cody of the Authority's resolution approving the
issuance of the Bond, sublect to terms to be aqreed upon and a
record of the public hearino has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the Citv of Virginia Reach
Development Authority of Virqi-nia Reach, virqinia, for the
benefit of Thalia Carpet and Drapery Shop, Inc., to the extent
recruired by Section 103(k) o" the Internal Revenue Code to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Pond, as required by
Section 103(k), does not cons@@itute an endorsement of the Bond or
the creditworthiness of the Comoany, but, as required by Section
- 5 5 -
15.1-1380 of the Code of Virginia of 1950, as amended, the Bond
shall provide that neither the City nor the Authority shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Coinmonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 28 February 1983 1983.
CMS/CJ/da
2/16/83
-2-
- 5 6 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 28_ day of February 1983.
On motion by Councilwoman Creech and seconded by
Councilman Jones --,-tFe--foll-o-wiii Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO TOWER ENTERPRISES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the
application of Tower Enterprises (the ComDany) for the issuance
of the Authority's industrial development revenue bond in an
amount not to exceed S700,000 (the Bond) to assist in the
financing of the Coi,.ipany's acquisition, construction, and
equipping of an office building facility (the Facility) in
Virginia Beach, Virginia, and has held a public hearing thereon
on February 8, 1983.
WHEREAS, the Authority has recruested the City Council (the
Council) of Virqinia Beach, virginia (the City), to approve the
issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
record of the public hearincr has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the
benefit of Tower Enterprises, to the extent required by Section
103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as reauired by
Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the Company, but, as required by Section
- 5 7 -
15.1-1380 of the Code of Virginia of 1950, as amended, the Bond
shall provide that neither the City nor the Authority shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 28 February 1983.
CMS/CJ/da
2/1 6/8 3
(I.1)
-2-
5 8
inia Beach
irq Imi ation
@c nist
t'ie y 0 the
'.t
C'
Counc I 0 1,a
e ailtlalr" i"Igs3-
'I
0 f tb tbe C..n@il C @Y
p, mee n(3 irl
tl Icl
F
b
was he day ana se onded
virainia ' 0, tfle @- sc ,ioptec',
Iution w
or, ,tion 'DY -c-q poviNG TliE
p,pp PF\TFNUE
LopMF,NT
.a Beach L)evelopment @lthority
City of jirgin' -,ec t e
the hor ity), h.E5 c.@.ide
inia (the PIlt for the i.suance
Beachr Virg n (the Coinpany)
virgirli n
ON corl2oratio 7enue I)oncl ian
cation of Sysc jal development re
apPli .,t in the
ndustr
p"thority,@ i (the Bond) tO assl
of the a $6,000,000 anci
amOunt not to Kcee acq c."@truction, .1ity for
.f the Conlpany's s an,,i a facl
financing ,d computer office ,,,d@,,re
equiPpin'l of en(-lineering Ian(i testing of co.,).ter
.ng, SsemblY Vi-cqinia Beach, Virainia, an,3 has
light @@nufactut1,,,ility) in
l,cti,elY the FebrLiarY 81 1gs3. cil (the
(col arina th,y-eon on tne Citv Coul'
held a p.blic le @ cl
@uthor,t,l has reclues@e o,e tne
the city), t@ ap'P'c
@714FP,EAS r ,,,Chl Virainil (the f the
inia 03(k)
nc,l) of virq -ectlon 1
cou t'rie Bond to COTR 'Ply ith " an(i
issuance If C,d, f 954, as amended; .0,7ina the
ternal Re,7enue @uthorit'7'S resolution app
In aC-Py -f t,, e to be agreed upon and a
WHERF, A's t t. tel.-s
eB,)ra, s.bject T, iled witb the clerk If the
ssuance Of tb has beenf
i the public iearing
recOr8 of O? THE cITl OF "'PGINIA
c,uncil; CITY COUtqCIL
-IT RESOLVED 31 THE
13E vi-cqinia,
,j,,P,GINIA' (4inia Beac'n,
BEp,cli I of the City Of Vi rqini- Beac"
The C,uncil the city Of Vi -
issuance Of the Bond by .., Vi,qinia, f,, the
,,pp-co,ies the B@a Section
DevelOPment A,thoritY to the extent requir,d bv
,,,SCON CC)rporation, t. pe@-it t" , ,,,thority to
benefit of Internal Reien,e Code,
103(k) "the of tne Facil'ty' ,,uirea by
the financing lce Of the Bond,
assist 'n the Bond Or
t'le is;'
2. The alP"-"" O' sement Of
an en8Or )rl
d.es not consti,,,Ite eluil@d by S@cti(
S,ction 103(k), Comr)any, but, as
creditworthines' -f the
-5 9-
15.1-1380 of the Code of Virginia of 1950, as amended, the Bond
shall provide that neither the City nor the Authority shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 28 February 1983.
CMS/CJ/da
2/16/83
(I.1)
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-6 0 -
A meetin@ of the Council of the City of Virginia Beach,
Vir-inia, was held in the Council Chambers, in the Administration
Building, on the 28th day of February, 1983.
On motion by Councilwoman Creech and seconded by
Councilman Jones , the fouowing Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOP,@IENT REVENUE
BOND TO JAY-CEE PROPERTIES,
a Virginia general partnership
WHEREAS, the City of Vir.@inia Beach Development Authority of
Virginia Beach, Vir.@inia (the Authority), has considered the application
of JAY-CEE Properties, a Virginia general partnership (t,ie Company)
for the issuance of the Authority's industrial development revenue bond
in an amount estimated at Two Hundred Seventy-Five Thousand DoUars
($275,000.00) (the Bond) to assist in the financing of the Company's
acquisition of an industrial warebouse/office and li@.ht manufacturing
facility (the Facility) in Virginia Beach, Vir.vinia, and has held a
public hearing on February 8, 1983.
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Vircinia (the City), to approve the issuance
of the Bond to comply with Section 103(k) of the Internal Revenue Code
of 1954, as amended; and
IVHEREAS, a copy of the Autliority's resolution approving the
issuance of the Bond, subject to terms to be a,,reed upon and a record of
the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virainia Beach, Viroinia, appro-
ves the issuance of the Bo-,id by the City of Virginia Beach Development
Authority of Viroinia Beach, Vircqnia, for the benefit of JAY-CEE
Properties, a Vir.@inia general partnership, to the extent required by
Section 103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bond or the
creditworthiness of the Company, but, as required by Section 15.1-1380
of the Code of Vir.@inia of 1950, as amended, the Bond shall provide that
-1-
- 6 1 -
neither the City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Authority
shaU be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on February 28, 1983.
2.11.63.C
-2-
-6 2 -
A meeting of the Council of the City of Viroinia Beach,
Virginia, was held in the Council Chambers, in the Administration
Buildin.a, on the 28th day of February, 1983.
On motion by Councilwoman Creech and seconded by
Councilman Jones , the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDTJSTRIAL DEVELOPMENT REVENUE
BOND TO STEVEN L. McCLEAF and SHIRLEY W. McCLEAF
WHEREAS, the City of Virainia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the application
of Steven L. McCleaf and Shirley IV. McCleaf (tlie Company) for the
issuance of the Authority's industrial development revenue bond in an
amount estimated at Six Hundred Thousand Dollars ($600,000.00) (the
Bond) to assist in the financing of the Company's acquisition, construc-
ti on, and equipping of a warehouse and storage facility for li@ht
industry and manufacturing (the Facility) in Virginia Beach, Virginia,
and has held a public hearing on February 9, 1983.
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virainia (the City), to approve the issuance
of the Bond to comply with Section 103(k) of the Internal Revenue Code
of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a record of
the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virgi@lia, appro-
ves the issuance of the Bond by the City of Virginia Beach Development
Authority of Virginia Beach, Virginia, for the benefit of Steven L.
McCleaf and Shirley W. McCleaf, to the extent required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist in the
financin.@ of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bond or the
creditworthiness of the Company, but, as required by Section 15.1-1380
of the Code of Virc.inia of 1950, as amended, the Bond shall provide that
neither tlie City nor the Authority shall be obligated to pay the Bond or
-1-
-6 3 -
the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither tile faith or credit
nor the taang power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Vir,,dnia,
on February 28, 1983.
2.11.62.C
-2-
-6 4 -
c@- -@he 0-@ Virc:-'--'-a
Virginia, @,ias held in the Council Chambers, in the Adminis--ration
Building, on the*28th day of February, 1983.
On mo-@ion by Councilwoman Creech and seconded by
Councilman Jones the following Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO AREA CORPOPATION
WHEREAS, the City ol- Virginia Beach Develoloment Authority of
Virginia Beach, Virginia (the Authority), has considered the
application of AREA Cornoration (the Company) for the issuance
of the Aut-ority's industrial development revenue bond in an
amount not to exceed $7,000,000 (the Bond) to assist in the
financing o.- the Companvls acquisiticn, construction, and equioping
of a shopping center facilitv (the Facility) in Virginia Beach,
Virginia, and has held a public hearing thereon on Februpry 8, 1983.
WHEP,az,S, the Authority has requested the City Council (the
Council) o-@ Virginia Beach, Virginia (the City), to approve the
issuance o-@ the Bond to comi-Dly with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolutions approving the
issuance o-@ the Bond, subject to terms to be agreed upon and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of t@e City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Developmen@@ Authority of Virginia Beach, Virginia, for the
benefit of ARF-A Corporation, to the extent required by Section
103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The aoproval c-@ the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the ComDany, but, as required by Section
6 5-
13.1-13'0@6 o@@ rhe Code o@@ -@irginia of 1930, as amend@--@, Bond
shall provide that neither the City nor the Authorilv shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
.therefor, and neither the faith or credit nor the taxing-power of
the Commonwealth, the City, or the Authority shall be cledged
thereto.
3. This Resolution shall take effect immediately upon its
adcption.
Adopted by the Council of the City of virginia Beach,
Virginia, on February 28, 1983.
-2-
-6 6 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 28 day of February 1983.
On motion by Councilwoman Creech and seconded by
Councilman Jone t e o lowing Resolu-cion was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO JOHN W. HARRIS & ASSOCIATES III
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the
application of John W. Harris & Associates III (the Company) for
the issuance of the Authority's industrial development revenue
bond in an amount not to exceed $725,000 (the Bond) to assist in
the financing of the Company's acquisition, construction, and
equipping of an office building facility (the Facility) in
Virginia Beach, Virginia, and has held a public hearing thereon
on February 8, 1983.
WHEREAS, the Authority has reguested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution at)proving the
issuance of the Bond, subject to terms to be agreed ul)on and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virqinia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authoritv of Virqinia Beach, Virginia, for the
benefit of John W. Harris & Associates III, to the extent
reauired by Section 103(k) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the Company, but, as required by Section
-6 7 -
15.1-1380 of the Code of Virginia of 1950, as amended, the Bond
shall provide that neither the City nor the Authority shall be
obligated to pay the Bond or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 28 February 1983.
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P L A N N I N C A G E N D A
ITEM II-I.l.a ITEM #19547
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilman Jennings,
City Council voted to APPROVE the request of the City Attorney and
DEFER FOR TWO WEEKS (March 14, 1983), the Ordinance to amend and
reordain Article 2, Section 200 (c) of the Comprehensive Zoning
Ordinance pertaining to Lots of Unusual Depth.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert C. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Mayor Louis R. Jones, and
Reba S. McClanan
-6 9 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 200(c)
OF THE tO@1PREHENSIVE ZONING ORDINANCE
PERTAINING TO LOTS OF UNUSUAL BEPTH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Artic le 2, Section 200(c), Lots of unusual depth, of the C.Z.O.
be amended and reordained in part as follows:
(c) Lots of unusual depth. Where an existing lot is of sufficient
area to permit the ereetien creation by subdivision of more
than one building lot in districts permitting residential build-
ing, one additional sifigle-faFnily-resideme6*building lot May be
permitted through resubdivision of the lot, provided that the
lot can be resubdivided in accordance with applicable zoning
requirements and subdivision regulations, and that a fifteen
(15)-foot easement of right-of-way meeting the requirements of
subdivision regulations is provided and duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach. Such arrangements shall be permissible only where no public
expenditures for streets or extensions of utilities are involved,
and where the following special conditions are satisfied:
(1) That a portion of the lot to be resubdivided be adjacent
to a public street.-
C2) That for reasons of unusual shape, dimensional restrictions,
topography or area limitations, a normal street dedica'lion
of fifty (50). feet cannot be made.
(3)_ That the lot to be resubdivided shall exist as an isola,@ed
example and that it not rtoccur in a repetitive manner in
the 6rea or subdivision.
Adopted by the Council of the City of Vi.rgilnia Beach, Yirgini,a, on the
day of 1983.
AP@RCVED AS -iO CC'17;14T
/3
NT
Cl-iY AT-IOPNEY
- 7 0 -
1TEM 11-I.I.b ITEM #19548
Upon motion by Councilman Heischober, seconded by Councilman
Baum, City Council voted to uphold the recommendation of the
Planning Commission and ADOPT the ordinance to amend and re-
ordain Article 9, Section 901(a) of the Comprehensive Zoning
Ordinance pertaining to use regulations in the B-1 Business-
Residential District;
AND
DENY the outstanding application of Roland W. Storbeck* for a
Change of Zoning District Classification from B-2 Community-
Business District to B-1 Business-Residential District AND
return all fees to the applicant.**
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Mayor Louis R. Jones, and
Reba S. McClanan
*Councilwoman McClanan wrote a letter to Council concerning this
matter. (A copy of which will be incorporated in the Minutes of
this day's meeting.)
-*See Item Numbers 19550 and 19550(a)
7 1 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 901(a)
OF THE COMPREHENSIVE ZONING ORDINANCE'
PERTAINING TO USE REGULATIONS
IN THE B-1 BUSINESS-RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 901(a), Principal uses and structures, of the C.Z.O-
be amended and reordained in part as follows:
901. Use regulations.
Within a B-1 Business-Residential District, only the following uses
and structures shall be permitted:
(a) Principal uses and structures:
(13) Repair and sales for radio and television and
other household appliances, except where such
establishments exceed 2500 square feet of floor
area.
(14) kl34 Restaurants, provided that drive-in establishments
shall not be permitted.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day Of February 1983.
74) CO@q7Z.@l 1-
2 2 8 8 3
7 2 -
28 February 1983
Honorable Mayor and
Members of City Council
Dear Council liembers:
The item on the agenda today for B-1 zoning
conditional use permits concerning TV Sales and Repairs
should have had included with it the original application
of Roland W. Storbeck for a change of zoning from B-1
to B-2.
On November 8, 1982, we deferred Mr. Storbeck's
ori@.inal application until we had the subject information
and Ordinance concerning the change within the B-1 category
as to the principal use of TV Sales and Repair. The
motion was to defer the item until the Planning Commission
had reviewed the principal uses in the B-1 catetory, with
reference to TV Sales and Repair with the application of
Mr. Storbeck to come back at the same time as the new
Ordinance. I do not know the specific procedure since
the Planning Commission, itself, at this ti=e did not
act on the application. However, I believe since they
ori@.inally acted upon Mr. Storbeck's application and
it had been heard by the Council, that we will have to
have some action to deny the original application before
he can proceed with his plans for this piece of property.
I would bope that it would be -the pleasura of
the City Council to not only pass the Ordinance conceruin@.
the condl@tional use permit, but also to act on Mr. Storbeck'B
ori@.inal application for changing the B-1 zoning to B-2,
and deny that application so that it is not pending.
Mr. Storbeck has been very patient during this
whole procedure, which has been somewhat elongated, and
I would hope that rather than delaying it an7 further some
action could be taken at tonight's meeting.
Sincerely yours,
Reba S. McClanan
RSlIcC:dhm
- 7 3 -
ITEM II-I.2 ITEM #19549
COUNCILWOMAN CREECH RETURNED TO CHAMBERS
Attorney A. Joseph Canada represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of HOLIDAY
VILLAGE, INC., BY R. M. BOSHER AND R. G. BOSHER for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF HOLIDAY R0283523
VILLAGE, INC., BY R. M. BOSHER AND R.
G. BOSHER FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE SERVICE STATION WITH
CONVENIENCE STORE AND REGISTRATION
OFFICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Holiday Village,
Inc., by R. M. Bosher and R. C. Bosher, for a
Conditional Use Pe mit for an automobile service
station with convenience store and registration
office on certain property located on the West
side of General Booth Boulevard beginning at a
point 190 feet South of South Birdneck Road,
running a distance of 210.5 feet along the
West side of General Booth Bounevard, running
a distance of 151.68 feet along the Southern
property line, running a distance of 186.67
feet along the Western property line and
rurming a distance of 135.58 feet along the
Northern property line. Said parcel contains
28,357.5 square feet. PRINCESS ANNE BOROUGH.
During further review of the developiwnt plans
for this project, the following may be required
by the staff:
1. City water and sewer.
2. On-site retention of storm water may be required
since it appears that the present drainage system
in the area is incapable of handling the runoff
generated from this development.
3. The extent of right-of-way iitrovements required
will be determined during site plan review.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of February, 1983
7 4 -
Voting: 8-0
Council Members Voting Aye:
Jobn A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert C. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 7 5 -
ITEM #19550
COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to RECONSIDER the Ordinance to amend and
reordain Article 9, Section 901 (a) of the Comprehensive
Zoning Odinance pertaining to use regulations in the B-1
Business-Residential District.
Voting: 8-0
Council Members Voting Aye: (to reconsider)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Robert C. Jones, W.
H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Mayor Louis R. Jones,
and Reba S. McClanan
- 7 6 -
ITEM #19550(a)
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of tbe Planning
Commission and ADOPT the Ordinance to amend and reordain Article
9, Section 901(a) of the Comprehensive Zoning Ordinance pertaining
to use regulations in the B-1 Business-Residential District;
AND
DENY the outstanding application of Roland W. Storbeck for a
Change of Zoning District Classification from B-2 Community-
Business District to B-1 Business-Residential District AN]4
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Robert G. Jones, W.
H. Kitchin, 111, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Mayor Louis R. Jones, and
Reba S. McClanan
-?7-
ITEM II-I.3 ITEM #19551
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of DOUGLAS
AND PAT PERRY for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF DOUGLAS AND R0283524
PAT PERRY FOR A CONDITIONAL USE PERMIT FOR
A SINGLE-FAMILY DWELLING IN THE AG-1
AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Douglas and Pat Perry
for a Conditional Use Permit for a single-family
dwelling in the AG-1 Agricultural District on cer-
tain property located 2200 feet more or less North
of London Bridge Road beginning at a point 4224
feet more or less West of Oceana Boulevard, running
a distance of 443.01 feet along the Western property
line, running a distance of 1040.13 feet along the
Northern property line, running a distance of 466.66
feet along the Eastern property line and running a
distance of 933.28 feet along the Southern property
line. Said parcel contains 10 acres. PRINCESS ANNE
BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. Only the dwelling shall be connected to the proposed
septic tank. No commercial use shall be permitted.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of February, 1983.
COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS
7 8 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 7 9 -
ITEM 11-I.4/a/b/c ITEM V19552
Earl Hanbury represented the applicant
The following spoke in opposition:
B. H. Bridges, Jr., Chaprman, Virginia Beach
Beautification Commission
Howard Weisberg, Clark/Whithill, owner of
Oak Springs
B. F. Voultsides
John W. Miller, Jr.
June Keene
Commander Warren L. Post
Upon motion by Councilman Heischober, seconded by Councilman
McCoy, City Council voted to REFER BACK TO THE PLANNING
COMMISSION:
Application of Creative Displays, Inc., for
a Conditional Use Permit for two 10.5' x 36'
Billboards on a 17.401-acre parcel located on
the south side of Holland Road, east of Rosemont
Road, in the Lynnhaven Borough;
Application of Cr@ative Displays, Inc., for
a Conditional Use Permit for one 10.5' x 36'
Billboard on a 4.40@-acre parcel located along
the west side of Holland Road, south of
Stoneshore Road, in the Princess Anne Borough;
Application of Creative Displays, Inc., for
a Conditional Use P ermit for two 12' x 25'
Billboards on a 2.5-acre parcel located along
the west side of Rosemont Road, south of the
Virginia Beach-Norfolk Expressway, in the
Lynnhaven Borough.
AND, the Planning Commission is directed to study Section 216
of the City Code Appendix A-ZONING: Outdoor Advertising
Structures, Billboards, Signboards and Poster Panels to
consider the inclusion of Holland Road, Rosemont Road and/or
others as "streets, highways, interstates and expressways
designated in having special sign restrictions".
Voting. 9 -0
-8 0 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*Councilwoman McClanan wrote a letter to City Council concerning
this matter. (A copy of which will be incorporated in the
Minutes of this day's meeting.)
RESA S. MC CLAN AN 312@ BURNT N!ILL ROIO
COUNCIL NIEMUER VIRGI.NIA BEACH, VirGIIIA Z-, '52
PRINCESS AN@E BORCUGH PHONE 34.-SS35
2S February 1983
Honorable @@layor and
@lembers of City Council
Re: Co-iditional Use Permit for two
10.5' x 36' Billboards for
C-@eative Disolays, Inc., (Hollald
Road east o@@ Rose-.cnt Road)
Dear Fello-i Council Nfembers:
@ly concern about Ite.-.i Nuriber 17 on the Plannin.@
A@.enda tod@-y is o-e that enta4@is several di@-lerent items
and i@hile my are direc:ted speci--ically to Ite,@l
N,-,-.aber 17 t.ne, also apply to t*.Ie other a:)plication for
billboards on Folland Road. Fowever, th, Item Nu,-aber
17, which is a request for bi-l-l-boards across Holland Road
from the e,.itrance to The La.,es adjacent to tie Tivoli
Aoartments a-.d the Oa'< Sprir..@s develovme:it, is one of great
concern for me aid I'm sure to many other resi-deits o@@ the
area if they raali-zed what was happenin,. At tliis point,
I a,..i not a-.qare o@@ anv billboards on Holl@--.id Road and more
specifical---y the pr-@*:nary res4-.4,-itial area.
0,7er t*.ie years those of you who have been on
Council for so@e t4@,-.e will recollect t@a@ I have co-.e to
Council meet4-n@.s many, many ti--ies to help see that this
area general'-,.r has maintaine@ the residenti-al i--Itegrity
o@@ those nei@.h'--orhoods in the area. The o-@@@ice zo-.iin@.
t'.nal is located di--ectly across from this site was requestad
@or B-2 zo-i-@, so,-,ie years P@o, and because o@ tie lack of
compatibility with the residei-@ial area, the Council at that
time very wisely denied that a@plication. I do not feel t,iat
it is a matt--r of good public policy to place billboards
directly adjacent to residenti-al nei@.hborhoods. While one
could argue t*-at t,ie service station bei--i, adjacent is of a
business nature, it was zoned many, many years ago before the
residential area developed; and, likewise, the only other
2/28/0-)
8 2 -
Honorable @liyor and -2- 28 February 2983
business zonin@. in the area is the very small strip between
the office zonin@. and the Holland Elementary school on the
other side of the road. It seems to me that we are not only
lookin,. to-41-Y at billboards on these t%io specific sites, but
we are lo,,@1-4@ng at the be@.innin@. of billboards all up and down
Holland Ro--2; and, while, according to the Planning Commission
minutes t,i--- ma, be a desirable attribute to some people, I
do not fi-,-- it particularly appealing in areas where it is
primaril,,, resideritial. I would hope that the Council mi@.ht be
willin@ tc -,ot only deny these applications, or if not deny
them, de@-er the-a and refer them back to the Plannin@. Coa7.ission
to give s---e thou@ht to adding Holland Road to the list of streets
on whicl,, b---Illboards mi@ht be exempt. Contrary to the statement
in the @li-rutes, that there are billboards in Green Run,I have
driven dc,.@n Holland Road three different times from the Larlspur
intersec-@i-.-. to Landstow-@i Road and I cannot find any billboards
on Hollan@- -load at this point in time. It is not my recollection
that we h--.-e granted any other permits for billboards on this
road, so T @-eel that the decision that you are makin.@ today is an
extre,-@.el,.- -@-7iDortant one. If 1 had my choice I would be there to
stat
e c7--licl and ar@.ue my case. Since I cannot be present
I wc)u@,-cl hc7e tha-, the matter could be DEF-7.@@ED, if not de7lied
Sincerely yours,
Reba S. McClanan
RS@!cC
2/28183
-8 3 -
ITEM II-I.5 ITEM #19553
Mr. Hudgins,representing Hudgins and Associates, spoke in
favor.
Upon motion by Councilman Kitchin, seconded by Councilman Jones,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of HUDGINS AND ASSOCIATES
for a Conditional Use Permit as per the following:
ORDlNANCE UPON APPLICATION OF HUDGINS AND R0283525
ASSOCTATES FOR A CONDITIONAL USE PERMIT
FOR THREE DUPLEXES
BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Hudgins and Associates for
a Conditional Use Permit for three duplexes at the North-
east corner of Parks Avenue and 13th Street on the Western
100 feet of Lots 22 thru 27, Block 111, Lakewood. Said
parcels contain 15,500 square feet. VIRGINIA BEACH
BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
As a condition of the use permit, the following will be
required:
1. The applicant has voluntarily agreed that a disclosure
statement will be provided stating that this site is
located within an area characterized by high noise
potential and low accident potential.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of February, 1983
-84 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
-8 5 -
ITEM II-I.6 ITEM #19554
COUNCILMAN HEISCHOBER LEFT COUNCIL CHAMBERS
James N. Belote spoke in behalf of his application
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of JAMES N. BELOTE for
a Variance to Section 4.4(b) of tbe Subdivision Ordinance as
per tbe following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Jams N. Belote, Ill.
Property located on the East side of Woodstock Road,
720 feet more or less North of Providence Road.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, W. H. Kitchin, III, J.
Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, Mayor Louis R. Jones, and
Reba S. McClanan
-8 6 -
ITEM II-I.7 ITEM #19555
Attorney James A. Evans represented the applicant
Upon motion by Councilwomari Oberndorf, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of G. R.
McBRIDE, BY ROBERT C. McBRIDE TRUSTEE, for a Change of Zoning
District Classification as per the following:
ORDINANCE UPON APPLTCATTON OF G. R. McBRIDE Z0283703
TRUST, ROBERT G. McBRIDE, TRUSTEE, FOR A
CliANGE OF ZONING DISTRICT CLASSIFICATION
FROM B--2 COMUNITY-BUSINESS DISTRICT TO
A-1 APARTTIENT DISTRICT
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINTA:
Ordinance upon application of G. R. McBride Trust,
Robert G. McBride, Trustee, for a Change of Zoning
District Classification from B-2 Community-Business
District to A-2 Apartment District on the South side
of Shore Drive beginning at a point 2100 feet more or
less East of Diamond Springs Road, running a distance
of 213 feet along the South side of Shore Drive,
running a distance of 375 feet along the Eastern pro-
perty line, running a distance of 3600 feet more or
less along the Southern property line (Northern
boundary of Lake Smith) and running a distance of
600 feet along the Western property line. Said
parcel is located at 5451 Shorc, Drive and contains
2.7 acres. BAYSIDE BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Permits from the City of Norfolk, as the owner Df
the Little Creek Reservoir, may be required.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of February, 1983
COUNCILMAN HEISCHOBER RETURNED TO COUNCIL CHAMBERS
8 7 -
Voting: 8 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Robert C. Jones, W. H. Kitchin, III, H. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
-8 8-
ITEM II-I.8 ITEM #19556
Lewis W. Breedlove spoke in behalf of his application
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of LEWIS
W. AND ROSE S. BREEDLOVE for a Change of Zoning District
Classification as per the following:
ORDINANCE UPON APPLICATION OF LEWIS W. AND Z0283704
ROSE S. BREEDLOVE FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL
DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Lewis W. and Rose S.
Breedlove for a Change of Zoning District Classifi-
cation from R-4 @esidential District to 0-1 Office
District on certain property located on the South
side of Wildwood Drive beginning at a point 172
feet East of First Colonial Road, running a distance
of 100.48 feet along the South side of Wildwood
Drive, running a distance of 170 feet along the
Eastern property line, running a distance of 116
feet along the Southern property line and running
a distance of 170.79 feet along the Western pro-
perty line. Said parcel contains 18,443.5 square
feet.
During further review of the development plans for
this project, the following may be required by the
staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. On-site retention of storm water may be required
since it appears that the drainage system in the
immediate area cannot handle the runoff generated
from this project.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of February, 1983
2 2 88 3
-8 9 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 90 -
ITEM II-I-9 ITEM #19557
The City Clerk advised Council of three letters concerning this
matter.
Wayne Beagle appeared in behalf of his application
The following spoke in opposition:
Jay Gebor*
Robert Smith, representing Chesapeake Beach
Civic League
Joseph Robinson
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of tbe Planning Commission and DENY the application of WAYNE
BEAGLE for a Change of Zoning District Classification as per
the following:
ordinance upon application of Wayne Beagle for a
Change of Zoning District Classification from R-5
Residential District to R-8 Residential District
on certain property located on the East side of
Greenwell Road beginning at a point 550 feet more
or less South of Powells Point Road, running a
distance of 222.95 feet along the East side of
Greenwell Road, running a distance of 115 feet
along the Southern property line, running a
distance of 100.57 feet in a Northerly direction,
running a distance of 18.43 feet in a Westerly
direction, running a distance of 87.33 feet in a
Northerly direction and running a distance of 120
feet along the Northern property line. Said
parcel contains 22,433 square feet. BAYSIDE BOROUGH.
*Mr. Gebor presented petitions from residents in area opposing
this zoning request. (A copy of which will be made a part of
tbese proceedings.)
**Mayor Jones wrote a letter to Council concerning this matter.
(A copy of which will be incorporated in the Minutes of this
day's meeting.)
9 1 -
Voting: 8-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., W. H. Kitchin, III, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining;
Robert G. Jones
Council Members Absent:
**Mayor Louis R. Jones, and Reba S. McClanan
-9la-
F--bruary 16, 1983
C';-Ies@-oeake Beach Civic Lea@ue
Pres4,lent Stephen J. Kremers
4LS7 Lauderdale Avenue
Beach, VA 23'-55
P'@.-'.'-64-2255
Subject: @Ir. Wayne Bea@le's recuested zoning chan@.e frc,.r@
R-5 to R-S on Greeriwell Road in ChesaDeal,-e Beac@.i
re@.ardi-n@, Planning Cc,7.mission Yeeting of Jan. 11,1983.
E"-@cr@-ble @layor and @le-.'Iers o@ City of Vir@.inia Beach City Co,-,nc4-l:
P-;@-@e be advised by th-@-s letter th=-'@ @ir. Wayne Beagle did cor:tactr.,.e
b, -.@-one JanLary 11, 19S3 at 7- the morn4-n@, of the Plann;-n.@ Cc=iission
to advise the C4-v4-c Lea.@ue that he had requested a de@eral of
@r.sa-@oli-cation and at tiat tL7e in@,-'c@-ted that he desired to --eevaluate
h@-s a@o!4-cation and would le- us know i@@ he were going to pursue it,
an-2 it would come uD a@.ai-n be@-cre t,%e Plannin@ Com-,.nissi-cn.
7'- 2@act that he did co@--a--t me to let me know he had recues--@ a deferal
c- Cor-,m4-ss@@-c-,i he@--i-ng s@.io-,;s h4-s co,-icer-,i for keeD-@@7@ the
C,*-,.--*-c Lea.@ue inforned a-@ his i)lans and 1 T-,ust aDolog4---e for no@ reachin@
t'-c-ce who showed ut) aL t@.ie Pla-in;-n@ Co=iss;on hearing as there was some
as to, iiho and we would h--ve had a representa-@;.-@e a-- t@@e
S-@-@ce @ir. Beagle did co,-.-act me, I zust say I feel he acted i'l @.cod faith
4-r, :@-,@@-rds to thi-s matter and I am sorry fo- any inconveni-e,,ic-- t'-Iat may
h--,@e @-,een caused to h;--,i or the Pla@.n4-n@, Cc7nissi-on
Yc,@7s t-ul-Y,
Kremers
C'nesa--eake Beach Civic League
,:'.r cf
7: @7[
u
FEB 18 rtS3
, u
tiilq BY
- 9 2 -
ITEM II-I.10 ITEM #19558
COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS
Bruce Gallup represented the applicant
Patrick W. Bruzzese spoke in behalf of his application
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of PATRICK W. BRUZZESE for
a variance to Section 4.4(b) of the Subdivision Ordinance as per
the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Patrick W. Bruzzese. Property located
on the North side of Pungo Ferry Road, 640 feet more or
less West of Carmel Street. Plats with more detailed
information are available in the Department of Planning.
PUNGO BOROUGH.
Voting: 8-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Robert G. Jones, W.
H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Mayor Louis R. Jones, and
Reba S. McClanan
- 9 3 -
0 R D I N A N C E S
ITEM II-J.1 ITEM #19559
COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance approving the terms and con-
ditions of an agreement for an electrical service contract
between the City of Virginia Beach and the Virginia Electric
and Power Company; approved agreement; and, authorizing and
directing the City Manager to implement and carry out the
terms and provisions of the approved agreement.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
9 4 -
AN ORDINANCE APPROVING THE TERMS
AND CONDITIONS OF AN AGREEMENT
FOR AN ELECTRICAL SERVICE CONTRACT
BETWEEN THE CITY OF VIRGINIA BEACH
AND THE VIRGINIA ELECTRIC AND POWER
CONPA14Y; AUTHORIZING AND DIRECTING
THE CITY IIANAGER TO EXECUTE THE
APPROVED AGREEMENT; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO
I@IPLE@NT AND CARRY OUT THE TERMS
A14D PROVISIONS OF THE A@OPROVED
AGREEMENT.
WHEREAS, the City of Virginia Beach and the Virginia
Electric and Power Company have reached an accord for electrical
services; and
WHEREAS, it is the desire of the Council of the City
of Virginia Beach to implement the contract, dated January 12,
1 9 8 3
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, a---e hereb,7 epproved.
The City Manager is hereby authorized and directed
to execute the agreement on behalf of the City.
The City Manager is hereby authorized and directed
to implement and carry out the terms and provisions of the
approved agreement.
This ordinance shall be effective from and after
its adoption.
Adopted by the Council of the City of Virginia Beach
Virginia, on the Twenty-Eighth day of February, 1983
JDB:jh
iT
- 9 5 -
ITEM II-J.2 ITEM #19560
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE ON FIRST READING the Ordinance to appropriate
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., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
- 9 6 -
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 buildinj,of a Scholarship House, and
WHEREAS, the profits froni the sale of the house are given to the
Association's Scholarship Foundation to award 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 provided by Council.
NOW, 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 - day of , 1983.
FIRST READING: February 28, 1983
SECOND READING:
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A P P 0 I N T M E N T S
ITEM II-K.1 ITEM #19561
Consideration of appointments to the PERSONNELL BOARD was
rescheduled to a future Council Meeting.
N E W B U S I N E S S
ITEM II-L.1 ITEM #19562
James W. Roebuck, Chairman of the Arts and Humanities Commission,
spoke before Council asking their support for the Virginia Beach
Pops and endorse the reformation of the Virginia Beach Pops
Orchestra under Maestro Walter Noona.
It was the consensus of City Council to CONTINUE this matter
for ONE WEEK (March 7, 1983).
E X E C U T I V E S E S S I 0 N
ITEM #19563
Upon motion by Councilman Baum, seconded by Councilman Jennings,
City Council voted to RECESS into EXECUTIVE SESSION (10:20 p.m.)
pursuant to Section 2.1-344 of the Code of Virginia, as amended,
for the purpose of discussing Personnel Matters, Publicly Held
Property, Public Funds Investment and Legal Matters after which
to adjourn.
Voting: 9-0
2 2 8 8 3
9 8 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones, and Reba S. McClanan
2 2 8 8 3
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A D J 0 U R N M E N T
ITEM 11-M.1 ITEM #19564
Upon motion duly made and seconded City Council adjourn@d at
10:45 p.m.
Diane M. Hickman, DLputy CiLy Clerk
6u
Rath Iludges Sn)iLh, CMC Vic, Mayor B 'Y
City Clerk Acting Mayor
City of Virginia Beacli,
Virginia
28 February 1983
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