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FEBRUARY 7, 1983 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LO IS R. ]ONES, B.y@id@ B.,@.gb VICE-MAYOR BARBARA M. HENLEY, P@.g@ B.,..gh JOHN A. BA UM, B@,..gb NANCY A. CREECH, A, L.,g@ IIAROLD IIEISCHOBER, At L.,g@ H. JACK JENNINGS, JR., Ly@@b.-. B@-@,b ROBERT G. JONES, A, L.,g@ W. Ii. KITCFIIN, Ill, Vigi.i. R@.,b REBA S. M,CLANAN. P,i.,@@, A@.@ B--- gb 1. HENRY M,COY, JR., K@@p@@ill@ B.... gb 212 CITY HALL BUILDING MEYERA E. OBERNDORF, A, L.,g, MUNICIPAL CENTER VIRGiNIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, CMC, City Cl@,k (804) 427-4 30 3 CITY COUNCIL AGENDA February 7, 1983 ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COLTNCIL C. MOTION TO RECESS INTO INFOP24AL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER's ADMINISTRATIVE ITEMS: 1. Patio Restaurants and Nonconforming Uses: Presentation by Mr. Robert J. Scott, Director of Department of Planning. 2. Amendment to Resolution Regarding Conditions and Restrictions Attached to Rezonings: Presentation by Mr. Robert J. Scott, Director of Department of Planning (see formal agenda). 3. Quarterly CIP Status Re-Port: Discussion. 4. Review of Consent Agenda ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Tormny Taylor London Bridge Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL. D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of January 24, 1983. E. PRESENTATIONS 1. Resolution in Recognition - William Forbes. F. RESOLUTION 1. Resolution requesting that SubsectionB of Senate Bill No. 273 presented for consideration of the 1983 General Assembly be amended by adding thereto Virginia Beach to the cities exempt from the provisions of subsection A Section 24.1-90.1, Code of Virginia. G. 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 William Forbes for his athletic achievement at First Colonial High School. 2. Woodstock Park - 30 acres of property located at the intersection of I-64 and Providence Road. a. Resolution authorizing the City Manager to initiate the formulation and submission of all necessary docu- ments to seek approval of funding for Woodstock Park. This gives the City's assurance that the local funds required as the City's share of the cost of the facility development will be provided up to $664,000, as set forth in the CIP. b. Resolution requesting the Virginia Highway Commission to approve the recreational access funds for Woodstock Park. 3. Resolution amending a resolution adopted on November 8, 1982 pertaining to conditions and restrictions attached to re- zonings. 4. Ordinance to amend and reordain Section 18-76.1 of the Code of the city of Virginia Beach pertaining to Dealers in Precious metals and Gems. ITEM ii G. CONSENT AGENDA (Cont'd) 5. ordinance declaring certain property Excess and Authorizing the City Manager to execute an option granting the same to the Commonwealth of Virginia, Department of Highways and Transportation. 6. Recommendation of City Manager that Ordinance closing, vacating and discontinuing a portion of an unimproved alley totaling 1,845.8-square feet located between Virginia Beach Boulevard and 18th Street in the petition of Peter J. Gualeni and Joseph J. Gualeni (Lynnhaven Borough) be deferred for an additional week as additional information has not been received by Council. (This matter was deferred on November 22, 1982 and January 24, 1983.) 7. Low bid of Dominion Ecological Services, Inc., in the amount of $59,321, for the Animal Control Crematory (CIP 3-937); AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 8. Bingo/Raffle Permits: Raffle Lynnhaven Junior High Band Parents' Association Bingo/Raffle Veterans of Foreign Wars Post 392 Raffle St. Nicholas Greek Orthodox Church Raffle Virginia Beach Astros Raffle Virginia Beach Education Association Bingo/Raffle St. Matthew's Catholic Church 9. Request of City Treasurer for tax refunds in the amount of $437.75. H. PLANNING ITEMS 1. Application of R. G. Moore for Changes of Zoning on two sites located along the east side of First Colonial Road, south of Wildwood Drive (Lynnhaven Borough): (a) From R-4 Residential District to 0-1 Office District on an 11.2-acre parcel. (b) From R-4 Residential District to A-2 Apartment District on a 23.8-acre parcel. (This matter was deferred until today on January 10, 1983) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II H. PLANNING ITEMS (Con'd) 2. Request of Reverend Dale Burde" in the matter of the application of Gateway Freewill Baptist Church to delete condition requiring dedication of property along Virginia Beach Boulevard. (Conditional Use Permit Application No. 4192, adopted by City Council April 19, 1982.) I. UNFINISHED BUSINESS 1. Cablecasting of City Council Meetings. J. NEW BUSINESS 1. Briefing by VEPCO officials on proposed 23OKW transmission line between Green Run and Greenwich Substation. 2. Request of Gateway Office Center in the matter of the application of Virginia Beach Holding Corporation for a Change of Zoning approved January 23, 1978 to relieve restriction of Condition No. 6. (There is to be no parking in rear.) 3. Request of Mr. Wa)rne Skinner. President of Outreach for Chtist for a resolution from the City to proclaim Outreach for Chirst, Inc.. a tax-exempt organization. a. Recomrnendation by the City Manager that Council take no action on Mr. Skinner's request as it will not preclude consideration by the General Assembly. K. ADJOURNMENT 1. Motion to Adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 February 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones, in the Conference Room, City Hall Building, on Monday, 7 February 1983 at Twelve-Tbirty in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Nancy A. Creech**, Robert G. Jones*, and Meyera E. Oberndorf 2 7 /8 3 - 2 - ITEM #19413 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to the exemptions from opening meetings allowed by Section 2.1-344 Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplinink or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community. 4. LEGAL M&TTERS: Consultation with legal Counsel or briefings by staff Rembers, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech**, Robert G. Jones*, and Meyera E. Oberndorf *COUNCILMAN JONES ENTERED MEETING AT 12:33 p.m. **COUNCILWOMAN CREECH ENTERED MEETING AT 12:40 p.m. - 3 - M A T T E R S B Y T H E M A Y 0 R BIRTHDAY WISHES ITEM #19414 Mayor Jones wished all Council Members who have birthdays in February a very Happy Birthday. Councilwoman Meyera E. Oberndorf - February 10 Councilman John A. Baum - February 11 Councilman J. Henry McCoy, Jr. - February 15 Mayor Louis R. Jones - February 17 OFFICIAL FUNCTIONS ITEM #19415 Mayor Jones advised the following Council Members attended functions on behalf of the City of Virginia Beach during the month of January, 1983: January 03 Vice Mayor Barbara M. Henley and Councilwoman Meyera E. Oberndorf attended the opening of Pizza Time Theatre at Janaf Shopping Center. A similar project is planned for Virginia Beach. January 13 Council Members Robert G. Jones, H. Jack Jennings, Jr., Vice Mayor Barbara M. Henley and Meyera E. Oberndorf attended the Virginia Society of Professional Engineers Annual Banquet held in Norfolk. January 21 Council Members H. Jack Jennings, Jr., Harold Heischober, Meyera E. Oberndorf and Robert G. Jones attended the Virginia Beach Chamber of Commerce annual membership and installation luncheon at the Pavilion. January 21 Vice Mayor Barbara M. Henley represented the Mayor at the Tidewater Mayors and City Managers ineeting held in Chesapeake. January 27 Councilwoman Reba S. McClanan and Vice Mayor Barbara M. Henley presented awards on behalf of the Mayor at the First Annual Clean Community Awards Luncheon held at the Lighthouse. Also in attendance were Council Members W. H. Kitchin, III, Robert G. Jones and Meyera E. Oberndorf -4 - January 28 Dr. J. Henry McCoy, Jr., represented the Mayor at the ribbon cutting for for tbe addition to the United Artist Movies at Lynnhaven Mall. January 28 Councilwoman Meyera E. Oberndorf represented the Mayor at tbe Change of Command Ceremony at Naval Air Station-Oceana whereby Commander D. A. Sharer was relieved by Commander John A. Combs. Councilwoman Oberndorf also attended other events that weekend during Oceana's Red Ripper Reunion Weekend Celebration. LEGISLATIVE DINNER ITEM #19416 Mayor Jones advised there are problems with regards to Council Members attending the Legislative Dinner on February 10, 1983, and only four (4) members of City Council can attend. It was the consensus of Council that they meet with the City's representatives on February 10, 1983, and all Council Members who can attend please do so. M A T T E R S B Y C 0 U N C I L M E M B E R S HOTEL FIRES ITEM #19417 Councilman Jennings advised that two hotels have burned in the Virginia Beach Borough since November, 1982, and the remains of the fire are still visible and asked if there was anything the City could do to remove these "eye sores"? The City Manager advised he will meet with the Fire Chief concerning this matter. AWARDS AND MEMORIAL BOARD ITEM #19418 L Councilman Baum made reference to a letter from Councilwoman Oberndorf concerning the formation of an AWARDS AND MEMORIAL BOARD and the request to the City Manager to prepare the proper Ordinances and Resolutions. Consideration of this matter was DEFERRED one week. - 5 - HOUSE BILL 857 ITEM #19419 Councilman McCoy presented the following Resolution for Council's consideration: WHEREAS, the general law of the Commonwealth makes provisions for the appointment of School Board Members by the local governing body as appropriate; and, WHEREAS, this system has worked to the benefit of the public schools of the Commonwealth for many years; and, WHEREAS, House Bill 857 would bring about sweeping changes in the appointing procedure in Virginia Beach; and, WHEREAS, the City Council has not been consulted in regard to these changes. LET IT THEREFORE BE RESOLVED, that the City Council of Virginia Beach vigorously opposes House Bill 857; and, BE IT FURTHER RESOLVED, that this opposition be expressed to all members of the Virginia Beach General Assembly delegation and to all such members of the General Assembly as deemed appropriate. This matter will be on the FORMAL AGENDA under NEW BUSINESS. SANDBRIDGE BEACH ITEM #19420 Councilwoman McClanan presented the following Resolution for Council's consideration: RESOLUTION AUTHORIZING CERTAIN SAND GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION CAUSED BY A STORM ON JANUARY 28, 1983 WHEREAS, pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, the governing body of the City of Virginia Beach may declare an emergency for the purposes of authorizing certain activities on coastal primary sand dunes in - 6 - order to protect the public health or safety witbout said activity having to be reviewed and approved by tbe local Wetlands Board; and, WHEREAS, the permit process for authorization by the Wetlands Board for sand grading activities on coastal primary sand dunes generally involves several montbs; and, WHEREAS, due to the heavy rain and wind storm on January 28, 1983, the beach, shores and sand dunes located at Sandbridge Beach have seriously eroded causing a hazard to the beacb, shores and tbe property adjacent thereto. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, an emergency is declared on the sandy beach area and sand dunes east of Sandfiddler Road at Sandbridge Beach and the City Manager may issue sand grading permits pursuant to Section 6-13 of the Code of the City of Virginia Beach to conserve and protect the beaches and shores or property adjacent thereto upon proper application therewitb. Tbis Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of February, 1983. The City Attorney spoke concerning this matter. This matter will be on tbe FORMAL AGENDA for further discussion and vote. - 7 - R. G. MOORE APPLICATION ITEM #19421 Councilman Jennings made reference to the application of R. G. MOORE for changes of zoning from R-4 Residential District to 0-1 Office District AND from R-4 Residential District to A-1 Apartment District (modified from A-2 Apartment District) with regards to condition number four: This project will be limited to two access points along First Colonial Road. In addition, no direct access from the 0-1 area will be permitted along First Colonial Road. Councilwoman Creech advised when this matter first appeared on the Agenda she requested an opinion from the Commonwealth Attorney's office as to whether or not there might be a possible conflict of interest. The Commonwealth Attorney's Office advised Councilwoman Creech there was no possible conflict of interest. The Commonwealth Attorney's office requested Councilwoman Creech submit her request in writing, which she did and received notice today (February 7, 1983), that there is a possible conflict of interest on only two of the parcels but there is no conflict of interest on the parcels being retained and developed by the Potters. Councilwoman Creech requested Council have two votes on the R. G. MOORE application to permit her to vote for one and abstain from voting on the other application. GATEWAY OFFTCE CENTER ITEM #19422 Councilman Kitchin made reference to the request of GATEWAY OFFICE CENTER in the matter of the application of Virginia Beach Holding Corporation for a change of zoning approved January 23, 1978, to relieve restriction number six: There is to be no parking in rear. Councilman Kitchin advised this matter has been "worked out" with the neighborhood. BOARDWALK ITEM #19423 Councilman Kitchin requested information as to whether the Corps of Engineers can do construction repairs to the Boardwalk and requested the Staff to solicit an opinion. -8 - OLD INCINERATOR SITE DEVELOPMENT COMMLTYE-E ITEM #19424 Councilman Kitchin advised the Members of the OLD INCINERATOR SITE DEVELOPMENT COMMITTEE have selected an Architect; however, it will take approximately three weeks before the contracts are signed and the Architect is reluctant to begin the design without a signed contract. The City Manager advised he will take care of this matter for Council. COX CABLE ITEM #19425 Councilman Jones asked the City Manager if any further clarification had been received from Cox Cable as to Cable TV stations they will "drop". The City Attorney requested this matter be discussed in EXECUTIVE SESSION. C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S PATIO RESTAURANTS AND NONCONFORMING USES ITEM #19426 The City Manager asked Robert J. Scott, Planning Director, to make a presentation to Council concerning Patio Restaurants and Nonconforming Uses. The Planning Director advised that since the Zoning Ordinance was adopted in 1957, there has always been a separation by regulation of the hotels on the east side of Atlantic Avenue from various commercial enterprises, including restaurants, on the west side of Atlantic Avenue. This was re-established when the Comprehensive Zoning Ordinance was adapted in 1973. The applicable requirements in the Comprehensive Zoning Ordinance in 1973, and in effect in the summer of 1980, allowed accessory uses including restaurants in conjunction with hotels on the east side of Atlantic Avenue, so long as the accessory uses were not visible from outside the zoning lot. In the summer of 1980, there were found six specific hotels in violation of this requirement. These hotels were operating "so-called patio restaurants" on the boardwalk side of their properties. - 9 - In the fall of 1980, the Planning Department began to investigate the current Ordinance to determine its suitability to modern times. As a result of that investigation, the Planning Department prepared a proposed draft amendment to the Comprehensive Zoning Ordinance that would allow patio restaurants subject to a number of very limiting requirements. This issued proved to be very con- troversal. Public discussion at tbe Subcommittee meetings centered on the following issues: 1. That it was of primary importance to preserve the integrity of the hotel-commercial separation represented by Atlantic Avenue. 2. That it was equally important to protect the interests of the hotel operators and those lodging at the hotel. 3. That it was impossible to differentiate by regulation between a bonafide restaurant on the one hand and a boisterous facility sometimes called a "beer joint" on the other hand. It was felt that the type of regulation that would separate the two either falls within the purview of the A.B.C. Board or constitutes business regulation as opposed to land use regulation. Therefore, this committee was unable to come up with any recommendations for improving upon the Ordinance in the Code. In March of 1981, City Council chose not to amend the Comprehensive Zoning Ordinance and the City staff reinstituted enforcement proceedings against those restaurant operators in violation of the Comprehensive Zoning Ordinance. In August of 1981, the Circuit Court ruled against the City, stating the requirement that the restaurant not be visible from outside the zoning lot was invalid due to vagueness. The City was given 90 days to consider amending the Ordinance to "something that would be acceptable to the Court". In December of 1981, City Council adopted an amendment to the Comprehensive Zoning Ordinance that basically establishes its current position. That amendment requires full enclosure of all restaurants, upholds the principle of separation that has always been in the Comprehensive Zoning Ordinance, and has met with the approval of the Circuit Court. CONDITIONS AND RESTRICTIONS ITEM #19427 The City Manager asked Robert J. Scott, Planning Director, to make a presentation concerning the amendment to the Resolution regarding conditions and restrictions attached to rezonings. Mr. Scott advised that on November 8, 1982, City Council adopted a Resolution pertaining to conditions and restrictions attached to rezonings which states: -10- "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions are submitted in writing to the Planning Department at the time the application for rezoning is submitted." "That in the event an application for rezoning is heard by the Planning Commission and an offer of such conditions or restrictions is made during the public hearing such application may be deferred, by the Planning Commission, until such time as the conditions or restrictions are submitted in writing." "That the Council of the City of Virginia Beach will not consider any conditions or restrictions, associated with the rezoning application, unless such conditions or restrictions are in written and recordable form and approved as to form and sufficiency by the City Attorney's Office." Mr. Scott advised the City is requesting the following paragraph be included: "That it shall be tbe policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the land- owner shall only be considered wben such resttictions or conditions apply to limitations of density upon tbe site, of limitations of use upon tbe site or other similar conditions that can be readily and effectively enforced by the City of Virginia Beach at the time of tbe development of the property." Councilman Jennings requested the following be included in the amended Resolution: "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to the landowner one week in advance of the Planning Commission Public Hearing." This matter will be in the FORMAL SESSION under the CONSENT AGENDA. QUARTERLY CIP STATUS REPORT ITEM #19428 The City Manager advised Council the Quarterly Capital Improvements Program Status Report has been presented to Council for their consideration. City Council RECESSED into EXECUTIVE SESSION, (1:50 p.m.) -11- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCTL Virginia Beach, Virginia 7 February 1983 2:30 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Meyera E. Oberndorf INVOCATION: Reverend Tommy Taylor London Bridge Baptist Church PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 1 2 - M I N U T E S ITEM II-D.1 ITEM #19429 Upon motion by Councilwoman Creech, seconded by Councilman McCOY, City Council voted to APPROVE the Minutes of the Regular Meeting of January 24, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf -1 3 - P R E S E N T A T I 0 N ITEM II-E ITEM #19430 Mr. W. B. Shaffer spoke before City Council and presented the Mayor and City Manager each a book entitled "Three Books That Made The South And 1000 Millionaires, 10 Billionaires" by W. B. Shaffer, Jr. ITEM II-E.1 ITEM #19431 Mayor Jones read the Resolution in Recognition and presented same to: WILLIAM FORBES The following appeared with William: Mr. and Mrs. Forbes Mr. Vince Forbes, brother of William and Team Member Mr. Kevin Keith, Captain, First Colonial Football Team Mr. Michael Themides, Principal, First Colonial High School Mr. Frank Webster, Coach, First Colonial High School R E S 0 L U T I 0 N ITEM II-F.1 ITEM #19432 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting that Subsection B of Senate Bill Number 273 presented for consideration of the 1983 General Assembly be amended by adding thereto Virginia Beach to the Cities exempt from the provisions of Subsection A Section 24.1-90.1, Code of Virginia, with the inclusion of the following wording: "The City Clerk is directed to forward a copy of this Resolution to each member of the General Assembly representing the City of Virginia Beach, Virginia, AND ALL MEMBERS OF THE HOUSE PRIVILEGES AND ELECTIONS COMMITTEE." Voting: 8 -2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, MaYor Louis R. Jones, W. H. Kitchin, III, Reba S. McCianan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr., and Robert G. Jones Council Members Absent: Meyera E. Oberndorf -15 - The reqular meetinq of the Council of the City of Virqinia Beach, Virginia, was held in the Council Chamber of the Administration Buildinq on the 7th day of February 1983. On Motion by Councilman Heischober and seconded bv Councilwoman McClanan --the followi5a-Resolution was a@pte . R E S 0 L U T I 0 N WHEREAS, the City Council of the Citv of Virqinia Beach, Virginia, has reviewed Senate Bill No. 273, a Bill to amend and reenact Section 24.1-90.1 of the Code of Virginia by adding thereto subsection 9, said subsection pertaining to exceptions of subsection A of Section 24.1-90.1 to certain cities; and WHEREAS, after due consideration, the Council desires that Virqinia Beach be exempt from the provisions of subsection A of Seetion 24.1-90.1, of the Code of Virqinia, so that its charter provisions governing nominations of candidates for colincil or mayor shall. continue in effect notwithstandinq the provisions of subsection A of Section 24.1-90.1. NOW, TfiERFFORE, BE IT RESOI,VFD BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the said Council hereby reauests that subsection B of Senate Bill. No. 273 presented for consideration of the 1983 General Assembly, be amended by addinq thereto Virqinia Beach to the cities exempt from the provisions of subsection A of Section 24.1-90.1, Code of Virqinia. The City Clerk is directed to forward a copy of this resolution to each member of the General Assemblv representinq the City of Virqinia Beach, Virqinia, and all members of the House Privileges and Elections Committee. Adopted by the Council of the City of Virqinia Beach on the 7t,h- day of Febru 1983. JAR/ih APPRO7@ TO( CONTENTS Res(2) DEPARTMENT FORM 7 Tk@I - 1 6 - ITEM #19433 Mr. Jack Siebert, Realtor, spoke on favor of the proposed Ordinance Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to ADOPT the Resolution authorizing certain sand grading activities at Sandbridge Beach due to an emergency situation caused by a storm on January 28, 1983.* Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf *This matter is an "add on" item to the Agenda - 1 7 - Requested by: Councilmember McClannan A RESOLUTION AUTHORIZING CERTAIN SAND GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION CAUSED BY A STORM ON JANUARY 28, 1983 WHEREAS, pursuant to subsection 3K of SS62.1-13.25 of the Code of Virqinia, as amended, the qoverninq body of the City of Virginia Beach may declare an emergency for the purposes of authorizinq certain activities on coastal primary sand dunes in order to protect the public health or safety without said activity havinq to be reviewed and approved by the local Wetlands Board; and WHEREAS, the permit process for authorization by the Wetlands Board for sand gradinq activities on coastal primary sand dunes generally involves several months; and WHEREAS, due to the heavy rain and wind storm on Januarv 28, 1983, the beach, shores and sand diines located at Sandbri(.lqe Beach have seriously eroded causing a hazard to the beach, shores and the property adjacent thereto. T14EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to subsection 3K of 4,962.1-13.25 of the Code of virginia, as amended, an emerqency is declared on the sandy beach area and sand dunes east of Sandfiddler Road at Sandbridge Beach and the Citv Manaqer may issue sand gradina permits pursuant to SS6-13 of the Code of the City of Virqinia Beach to conserve and protect the beaches and shores or property adjacent thereto upon proper application therewith. This Resolution shall take effect immediately. Adopted by the City Council of the City of Virginia Beach, Virqinia, on the day of February, 1983. DSH/re APPROVED AS TO CONTE;.Q I (RES 2) IGNATURE EPARTMENT D AS TI ,m "T@ A - 1 8- ITEM #19434 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council voted to ADOPT the Resolution expressing Council's opposition to House Bill 857 as it would bring about sweeping changes in the appointing procedure of School Board Members in the City of Virginia Beach.* Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Meyera E. Oberndorf *This matter is an "add on" item to the Agenda - 1 9 - WHEREAS, the general law of the Commonwealth makes provisions for the appointment of Scbool Board Members by the local governing body as appropriate; and, WHEREAS, this system has worked to the benefit of the public schools of the Commonwealtb for many years; and, WHEREAS, the City Council has not been consulted in regard to these changes. LET IT THEREFORE BE RESOLVED, that the City Council of Virginia Beach vigorously opposes House Bill 857; and, BE IT FURTHER RESOLVED, that this opposition is expressed to all members of the Virginia Beach General Assembly Delegation and to all such members of the General Assembly as deemed appropriate. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. - 2 0 - C 0 N S E N T A G E N D A ITEM II-C ITEM #19435 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION witb the exception of II-G.3 which will be considered separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf -2 1- ITEM II-G.1 ITEM #19436 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to ADOPT tbe Resolution in Recognition to William Forbes for his athletic achievement at First Colonial High School. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Ilenry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 2 2 - RESOLUTION IN RECOGNITION WILLIAM FORIES WHEREAS: Sports have azways had a place in American Zife and competition has grown as individual pzayers master their own skills, physical strength and stamina to compete in locat, national and internationat events as wetz as for setection in high institutions of learning; WHEREAS: The Virginian-Pilot and Ledger-Star sportswriters attended and covered every high schoot footbatt game to carefuZZy evazuate and select their PLAYER OF THE YEAR in 1982: WILL FOR@S WHEREAS: WIZZ Forbes is a 17 year old senior at First Colonial High Schooz and Tidewater's Leading Rusher with 1,573 yards in 173 attempts in regutar-season play. He scored 23 touchdowns -- more than any other pzayer -- He topped the Beach District in point-making with 138 and ranked Second area-wide after Leading until the final game. He is most noted for his offensive talent--8 passes for over 100 yards and punting a 35.5 average--but, he excels on defense where he had 2 interceptions, 29 tackles and averaged 19.4 yards on kick-off returns for First CoZonial in 1982. He is 5'6", weighs 165, is weZZ-buiZt and muscular. His Coach, Frank Webster, says: "There are bigger, stronger and faster high school footbalt pzayers in Tidewater, but none better and he has att-around ability to do most anything on a footbazz field". A former coach, H. Jack Jennings, now a member of Virginia @ach City Council, says: "Wittiam is most deserving; and, I say with a great deal of pride that I coached Wittiam when he was a fast littte boy on the Kings Grant Redskin Ftag FootbaZZ Team and it was that team that won the Kings Grant-Plaza Flag Football Championship that year due to Wittiam's efforts. I have watched his career blossom all the way at First Cotonial". WHEREAS: When the All-Beach District Team was picked, WIZZ Forbes was seZected unanimouszy by the virginia @ach coaches to a first team position on both the ALL-STAR OFFENSIVF as wezt as the ALL-STAR DEFENSIVE TEAM and was the only player to do so. He was sezected to the 4LL-REGrONAL, ALL-TIDFWAThR and ALL-STATE HIGH SCHOOL FOOTB4LL TEAMS. NOW, THEREFORE, ZE IT T?ESOLVED: That the Virginia @ach City Counciz recognizes: WILLIAM FORIES for his athtetic achievement and pay tribute to him for his recognition at First Colonial High School in District, RegionaZ and State Competition and as the Virginian- PiLotILedger-Star Sportswriter's PLAYF,R OF THE YEAR, 1982. IF IT FURTHER RESOLVED: That this ResoZution be framed for presentation with a copy to be spread upon the minutes of this Format Session of the Virginia Beach City CounciZ. Given under my hand and seat this Seventh day of February, Nineteen Hundred and Eighty-Three. Mayor - 2 3 - ITEM II-G.2.a/b ITEM #19437 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 initiate the formulation and submission of all necessary documents to seek approval of funding for Woodstock Park.* AND, ADOPT the Resolution requesting the Virginia Highway Commission to approve the recreational access funds for Woodstock Park. Voting. 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf *This Resolution gives the City's assurance that the local funds required as the City's share of the cost of the facility develop- ment will be provided up to $664,000, as set forth in the Capital Improvements Program 2 4 - A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the seventh day of FebruarY , 1983. On motion by Councilman Jennings and seconded by Councilwoman Cieecri I the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Virgihia Commission of Outdoor Recreation provides funds to assist political subdivisionsiofthe State of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within the City of Virginia Beach to develop park land; and WHEREAS, this area is deemed of high development priority by said City of Virginia Beach and shall be referred to as Woodstock Park. WHEREAS, in order to attain funding assistance from the Virginia Commission of Outdoor Recreation, it is necessary that the City of Virginia Beach guarantee a share of the cost thereof; and WHEREAS, the project share is funded in part by the Virginia Commission of Ou,tdoor Recreation and the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to cause such information or materials as may be necessary to be provided to the appropriate State agency and to enter into such agreements as may be necessary to permit the formulation, approval and funding of Woodstock Park Development Project; and BE IT FURTHER RESOLVED, that the Virginia Commission of Outdoor Recreation is hereby requested to provide funds in the amount of $185,180.00 for the development of Woodstock Park; and BE IT FURTHER RESOLVED, the City of Virginia Beach, Virginia, gives its assurance that the funds needed as the shareofthe cost of the approved program will be provided, up to $664,000.00; and BE IT FURTHER RESOLVED, that the City of Virginia Beach, Virginia, gives its assurance that the General Provision of the Land and Water Conservation Fund and the Virginia Outdoor Fund Fiscal Procedures will be complied with in the administration of this project; and - 2 5 - BE IT FURTHER RESOLVED, that the National Park Service, U.S. Department of the Interior, and the Virginia Commission of Outdoor Recreation is respectfully requested to assist in the prompt approval and funding of the Woodstock Park Project in order to enhance the standard of recreational enjoyment for all our citizenry. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. @4T T,@ 2 6 - meeting of the Council of the City of Virginia Beach, Virginia, the Council Chambers, in the Administration Building, on the 7th day of February 1983. On motion by Councilman Jennings and seconded by Councilwoman Creech , the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Woodstock Park is owned and is to be developed by the City of Virginia Beach, Virginia, as a recreational facility serving the residents of Virginia Beach and adjoining communities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223, Code of Virginia, as amended, requires joint action by the Commission of Outdoor Recreation and the Highway Commission; and WHEREAS, a statement of policy agreed upon between the said Commissions approves the use of such funds for the construction of access roads to publicly-owned recreational areas or historical sites; and WHEREAS, the City Council of Virginia Beach has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et.seq.), Chapter 11, Title 15.1; and WHEREAS, it appears to the City Council that all requirements of the law have been met to permit the Commission of Outdoor Recreation to desig- nate the Woodstock Park as a recreational facility and further permit the Virginia Highway Commission to provide funds for access to this public recreation area in accordance with Section 33.1-223, Code of Virginia, as amended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That it is hereby requested that the Commission of Outdoor Recreation designate the Woodstock Park as a public recreational area; and to recommend to the State Highway Commission that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Virginia Highway Commission is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. Adopted by the Council of the City of Virginia Beach, - 2 7 - ITEM II-G.4 ITEM #19438 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of tbe City Manager and ADOPT the Ordinance to amend and reordain Section 18-76.1 of the Code of the City of Virginia Beach pertaining to Dealers in Precious Metals and Gems. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, E. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent; J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 2 8- AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-76.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO DEALERS IN PRECIOUS METALS AND GEMS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA: That Section 18-76.1 is hereby amended and reordained as follows: Section 18-76.1. Dealers in precious metals and gems. 2 9 - (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Coin" means any piece of gold, silver or other metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. (2) "Dealer" means any person, firm, partnership, or corporation engaged in the business of purchasing, acquiring, or selling secondhand precious metals or gems, or precious metals or gems removed in any manner from manufactured articles not then owned by such person, firm, partnership, or corporation. This definition shall not be construed so as to include persons engaged in the following: -2- - 3 0 - (a) Purchases of precious metals or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories. (b) Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. (c) Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. (d) Preparing, restoring, or designing jewerly by retail merchant, if such activities are within the normal course of business. (e) Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants or wholesalers. (f) Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-prodouct. (3) "Gems" means any items containing precious or semiprecious stones customarily used in jewelry, (4) "Precious metals" means any item except coins composed in whole or in part of gold, silver, platinum, or platinum alloys. (b) Tax levied on receipts. Every dealer engaged in business in the city of purchasing, acquiring or selling secondhand precious metals or gems shall pay a license tax equal -3- - 3 1 - to $25.00 and one-fourth of one-percent of all gross receipts received in the resale either at retail or wholesale of such precious metals or qems made in excess of $2,500.00 durinq the preceding calendar year. Such license tax levied under this section shall exempt any licensee from payinq any additional retail or wholesale merchants license tax on such sales or purchases. This Ordinance shall be effective on May 1, 1983. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of February 19 83 MES/re 12/14/82 12/21/82 01/06/83 (D) A, -4- - 3 2 - ITEM II-G.5 ITEM #19439 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the ordinance declaring certain property EXCESS and authorizing the City Manager to execute an option granting the same to the Commonwealth of Virginia, Department of Highways and Transportation. (For construction of an inter- change to facilitate the movement of traffic on and off Toll Road from First Colonial Road.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D. S. , and Meyera E. Oberndorf - 3 3 - Requested by: Department of Public Works AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION GFANTING THE SAME TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, in connection with the Route 44/First Colonial Road Improvement Project, the City of Virginia Beach acquired certain interest in the following described property; and WHEREAS, the Commonwealth of Virginia, Department of Highways and Transportation has requested the City to dedicate its interest in the following described property for the purpose of the construction of a hiqhway interchanqe improvement; and WHEREAS, the City Council is of the opinion that the proposed highway interchange improvement will be beneficial and necessary to the health, safety and welfare of the citizens of the City of Virginia Beach; and WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the followinq described property is hereby declared to be excess of the needs of the City of Virainia Beach: All that certain .1.ot, tract or parcel of land, belonging, lying, situated and being in the City of Virginia Beach, Virginia being as shown on sheet 5 of the plans for Route 44, State Highway Project 004-134-104, R/W 202, and lying on the north (left) side of Old Virginia Beach Road centerline and adjacent to the existing north right of way line of present Old Virginia 13each Road from the lands of Linwood Properties opposite approximate Station 17+97 to a point in the lands of the landowner opposite approximate Station 20+14, and containing 0.220 acre, more or less, land, and being part of the same land acquired by the landowner from George J. Parker, et als, by deed dated October 23, 1975, @nd recor@ed in Deed Book 1535, page 466 in the Office of the Clerk of the Circuit Court of the Citv of Virginia Beach. - 34- 2. That the City Manaqer is authorized to execute an option granting the hereinabove described property to the Commonwealth of Virginia, Department of Hiqhways and Transportation. 3. That should the Commonwealth of Virqinia, Department of Highways and Transportation decide to exercise its rights pursuant to the option hereby authorized to be granted, the City Manager is authorized to convey the hereinabove described property as provided in the option, a copy of which is attached hereto. 4. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virqinia Beach on the 7th day of Febru 1983. 1/18/83 (B) Note: Three fourths vote of Council is required for ordinance to be effective. -2- - 3 5 - ITEM II-G.6 ITEM #19440 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and DEFER ONE WEEK (February 14, 1983), the Ordinance closing, vacating and discontinuing a portion of an unimproved alley in the petition of Peter J. Gualeni and Joseph J. Gualeni, in the Lynnhaven Borough. (This matter was deferred on November 22, 1982, and January 24, 1983.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 3 6 - ITEM 11-G.7 ITEM #19441 The following bids bave been received for the Animal Control Crematory (CIP 3-937): Dominion Ecological Services $ 59,321.00 Air Pollution Control Products, Inc. $ 77,956.53 Environmental Control Products, Inc. $ 83,044.00 Morse, Boulger, Inc. $102,750.00 PROJECT ESTIMATE $ 85,000.00 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Dominion Ecological Services, in the amount of $59,321.00 for the Animal Control Crematory (CIP 3-937) AND authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 9-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr. , D. D. S. , and Meyera E. Oberndorf - 3 7 - ITEM II-G.8 ITEM #19442 Upon motion by Council.man Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Bingo/Raffle Permits: Raffle Lynnhaven Junior High Band Parents' Association Bingo/Raffle Veterans of Foreigh Wars Post 392 Raffle (Bingo/Raffle) St. Nicholas Greek Orthodox Church Raffle Virginia Beach Astros Raffle Virginia Beach Education Association Bingo/Raffle Saint Matthew's Catholic Church Raffle* Virginia Beach Sunwheelers, Inc. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D. S. , and Meyera E. Oberndorf *Tbis matter is an "add on" item to the Agenda -3 8 - ITEM II-G.9 ITEM #19443 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE tbe request of the City Treasurer for tax refunds in the amount of $437.75. Voting: 9-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf FORM NO. C.A. 7 3 9 1/20/83 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 following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Mildred Willie 83 RE(1/2) 88033-6 12/3/82 8.07- BVA Credit Corp 82 RE(1/2) 73675-2 12/5/81 43.16 BVA Credit Corp 82 RE(2/2) 73675-2 6/5/82 43.16 Everett &Margie Dial 79 RE(1/2) 18271-0 11/14/78 4.00 Everett &Margie Dial 79 RE(2/2) 18271-0 6/5/79 4.00 Everett &Margie Dial 80 RE(1/2) 16852-8 12/5/79 4.44 Everett &Margie Dial 80 RE(2/2) 16852-8 5/2/80 4.44 Everett &Margie Dial 81 RE(1/2) 19873-6 11/25/80 4.02 Everett &Margie Dial 81 RE(2/2) 19873-6 5/25/81 4.02 Harry SHill 82 pp 58457-1 8/31/82 25.89 Jeremial Hoggard 82 PP 147167-7 1/4/83 19.15 Kevin R McCabe 82 pp 149123-6 11/16/82 129.90 Artelia G Williams 82 pp 153680-3 12/5/82 136.50 Shirley Phillips 83 Dog V15497 1/14/83 7.00 Total 437.75 1 @IDV JAt4 24 1983 IDEPT. OF LAW This ordinance shall be effective from date of adoption. The above abatementfs) totaling $ 4 3 7 . 7 5 We're approved by the Council of the City of Virginia Beach on the 7 day of February. Trea!;urer Ap ved as to form: Ruth Hodges Smith City Clerk -40 - ITEM II-G.3 ITEM #19444 COUNCILMAN McCOY RETURNED TO COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution amending a Resolution adopted on November 8, 1982, pertaining to conditions and restrictions attached to rezonings with the inclusion of the following wording: "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions apply to limitations of density upon the site, of limitations of use upon the site or otlier similar conditions that can be readily and effectively enforced by the City of Virginia Beach at the time of the develop- ment of the property." "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to the landowner one week in advance of the Planning Commission Public hearing." Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, Ill, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert G. Jones, and Reba S. McClanan Council Members Absent: Meyera E. Oberndorf -4 1- The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the Seventh day of February, 1 9 8 3 . On motion by Councilman Jennings, and seconded by Councilwoman Creech, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach has adopted a Comprehensive Zoning Ordinance; and, WHEREAS, from time to time landowners file applications witb the Planning Department of the City of Virginia Beach to have the Zoning Ordinance amended; and, WHEREAS, such requests for zoning changes are often accompanied by certain conditions or restrictions voluntarily offered by the landowners. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions apply to limitations of density upon the site, of limitations of use upon the site or other similar conditions that can be readily and effectively enforced by the City of Virginia Beacb at the time of the development of the property. THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowners sball only be considered when such restrictions or conditions are submitted in writing to the Planning Department at the time the application for rezoning is submitted. THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to the landowner one week in advance of the Planning Commission Public Hearing. - 4 2 - THAT in the event an application for rezoning is heard by the Planning Commission and an offer of such conditions or restrictions is made during the public hearing such application may be deferred, by the Planning Commission, until such time as the conditions or restrictions are submitted in writing. THAT the Council of the City of Virginia Beach will not consider any conditions or restrictions, associated with the rezoning application, unless such conditions or restrictions are in written and recordable form and approved as to form and sufficiency by the City Attorney's Office. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. -4 3- P L A N N I N G A G E N D A ITEM II-H-1 ITEM #19445 Attorney Grover C. Wright, Jr., represented the applicant The following spoke in favor: Reverend George Stallings, First Colonial Baptist Church Mr. Joe White, 948 Cubby Street Mr. Edward B. Lindsley, 936 Lindsley Drive Mr. Nicholas Michaels, President, First Colonial Civic League Mr. Don Kay, 900 Lindsley Drive Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to APPROVE AND AMEND the applications of R. G. MOORE for Changes of Zdn ing Dis tr ict C lass if ication as per the f o11 owing: ORDINANCE UPON APPLICATION OF R. G. MOORE Z0283698 FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION 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 R. G. Moore for a Change of Zoning District Classification from @-4 Residential District to 0-1 Office District on certain property located on the East side of First Colonial Road beginning at a point 250 feet South of Wildwood Drive, running a distance of 1633.08 feet along the East side of First Colonial Road, running a distance of 524.84 feet along the Southern property line, running a distance of 303.57 feet in a Northerly direction, running a distance of 282.12 feet in a Westerly direction, running a dis- tance of 1419.79 feet along the Eastern property line, running a distance of 35.52 feet in a Westerly direction, running a distance of 93.88 feet in a 'Southerly direction and running a distance of 189.65 feet in a Westerly direction. Said parcel contains 11.2 acres. LYNNHAVEN BOROUGH. -4 4 - During further review of the development plans for this project, the following shall be required by the staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water may be required since it appears that the present drainage system in the @diate area cannot handle the generated runoff from the development. 4. Access points to First Colonial Road and from the residential areas shall be determined in site plan and subdivision review. 5. The developer shall be responsible for one-half (1/2) of the full cost of a three-phase traffic signal at the main entrance to the site. 6. The developer will be responsible for a median opening on First Colonial Road AND a left-turn lane. 7. The developer shall construct a cul-de-sac at the south end of Lindsley Drive. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. -4 5 - ORDINANCE UPON APPLICATION OF R. G. MOORE Z0283699 FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM,R-4 RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT (MODIFIED FROM A-2 APARTMENT DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore for a Change of Zofiing District Classification from @-4 Residential District to A-1 Apartment District (modified from A-2 Apartment District) on certain property located 170.13 feet South of Wildwood Drive beginning at a point 150.11 feet West of Lindsley Drive, running a distance of 2171.51 feet along the Eastern property line, running a distance of 321.08 feet along the Southern property line, running a distance of 703.45 feet in a Northerly direction, running a distance of 282.12 feet in a Westerly direction, running a distance of 1419.79 feet along the Western property line and running a distance of 520.76 feet along the Northern property line. Said parcel contains 23.8 acres. LYNNHAVEN BOROUGH. During further review of the development plans for this project, the following shall be required by the staff: 1. Standard iinprovements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water may be required since it appears that the present drainage system in the immediate area cannot handle the generated runoff from the development. 4. Access points to First Colonial Road and from the residential areas shall be determined in site plan and subdivision review. 5. The developer shall be responsible for one-half (1/2) of the full cost of a three-phase traffic signal at the Twin entrance to the site. 6. Tbe developer will be responsible for the iwdian opening on First Colonial Road and a left-turn lane. 7. The developer shall construct a cul-de-sac at the south end of Lindsley Drive. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beacb, Virginia, 4 6 - Voting: 10 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech,* Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Member Voting Nay: None Council Members Absent: Meyera E. Oberndorf *Councilwoman Creech stated her affirmative vote would be applicable to all Parcels EXCEPT Parcel two as shown on the plat for townhouse development and which Mr. Moore will be purchasing due to a possible conflict of interest. 4 7 - ITEM II-H.2 ITEM #19446 Reverend Dale Burden spoke in behalf of his request Upon m6tion by Councilman Baum, seconded by Vice Mayor Henley, City Council voted t. DEFER ONE WEEK (February 14, 1983), the request of GATEWAY FREEWILL BAPTIST CHURCH to delete condition number three from their application wbich was approved 19 April 1982: A 20-foot dedication for the frontage on Virginia Beach Boulevard, 80-feet from the construction centerline of the median, together with a variable width permanent drainage easement along the western property line where it intersects the pro- posed right-of-way of Virginia Beach Boulevard. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf -4 8- U N F I N I S H E D B U S I N E S S ITEM II-I.1 ITEM #19447 Mr. James B. Chapman, Executive Director, Virginia Beach Education Association, spoke in favor of cablecasting. Upon motion by Councilwoman McClanan, seconded by Councilman Jones, City Council DTRECTED the City Manager to prepare the necessary Ordinance for February 14, 1983, concerning cablecasting City Council Meetings. Voting: 7 - 3 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Nancy A. Creech, and Mayor Louis R. Jones Council Members Absent: Meyera E. Oberndorf -4 9 - ITEM II-1.2 ITEM #19448 Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council voted to APPOINT Gerald Douglas Banagan as Real Estate Assessor, effective March 1, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creecb, Harold Heiscbober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf -50 - N E W @ I N E ITEM II-J.1 ITEM #19449 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Mr. Harold Adams, Supervisor of Transmission Engineering, Virginia Electric and Power Company, made a brief presentation to City Council on the proposed 230 KW transmission line between Green Run and Greenwich substations. A more detailed presentation was given to the Mayor and City Manager on December 9, 1982. ITEM II-J.2 ITEM #19450 Mr. James Brunt, Real Estate, spoke on this matter and requested condition number six be removed from his application which was approved by City Council on January 23, 1978 (VIRGINIA BEACH HOLDING CORPORATION), and presented a petition from the property owners in tbe area agreeing to the deletion (a copy of which will be made a part of these proceedings): No parking in the rear of the office building Upon motion by Councilman Kitchin, seconded by Councilman Jones, City Council voted to DELETE condition number six, (No parking in the rear of the office building) providing the site plan reviewed by City Council is the one used to construct the building AND include a 7-foot fence across the rear of the property. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, and Reba S. McClanan -5 0 - N E W B U S I N E S S ITEM II-J.1 ITEM #19449 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Mr. Harold Adams, Supervisor of Transmission Engineering, Virginia Electric and Power Company, made a brief presentation to City Council on the proposed 230 KW transmission line between Green Run and Greenwich substations. A more detailed presentation was given to the Mayor and City Manager on December 9, 1982. ITEM II-J.2 ITEM #19450 Mr. James Brunt, Real Estate, spoke on this matter and requested condition number six be removed from his application which was approved by City Council on January 23, 1978 (VIRGINIA BEACH HOLDING CORPORATION), and presented a petition from the property owners in the area agreeing to the deletion (a copy of which will be made a part of tbese proceedings): No parking in the rear of the office building Upon motion by Councilman Kitchin, seconded by Councilman Jones, City Council voted to DELETE condition number six, (No parking in the rear of the office building) providing the site plan reviewed by City Council is the one used to construct the building AND include a 7-foot fence across the rear of the property. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf -5 1 - To: The Honorable City Council of the City of Virginia Beach The undersigned are the owners and residents of houses located on Tanager Trail in Birdneck Point, which abut the property located on Laskin Road to be developed and to be known as Gateway Office Center. We have been advised by the Developer as to his plans for development of the property and have received a copy of his site plan dated 1 December 1982. We prefer that parking be located at the rear of the site rather than a building. We have found that having a building located at the rear creates a problem with privacy. We, therefore, respectfully urge you to waive the condition Dreviously imposed and allow parking to be located at the rear of the site in question. Our request is conditioned, however, upon no parking being located within 30 feet of the rear line and upon a privacy fence at least 7 feet in height being erected along the length of the rear line of the site. Yours truly, s"? 2 7 8 3 - 5 2 - ITEM II-J.3 ITEM #19451 Mr. Wayne Skinner, President of O,,treach for Christ, appeared before Council requesting a Resolution from the City proclaiming Outreach for Christ, Inc., a tax-exempt organization. CitY Council advised they have knowledge of this organization but feel they have not had time to comply with the rules of the investigation. The Mayor will respond in writing in behalf of City Council. Mr. Ivan D. Mapp, Commissioner of the Revenue, spoke on this matter. PORNOGRAFHY ITEM #19452 Reverend Tommy Taylor, London Bridge Baptist Church, spoke before City Council concerning the "Playboy Channel" on Cable Television. Mayor Jones directed the City Attorney to review the Franchise Agreement of Cox Cable as to what legal position the City has in this matter. ITEM #19453 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, CitY Council voted to RECESS into EXECUTIVE SESSION (6:15 p.m.) pursuant to the exemptions from opening meetings allowed by Section 2.1-344 Code of Virginia, as amended, for the purpose of discussing Personnel Matters, Publicly Held Property, Prospective Business or Industry and Legal Matters. Voting: 8-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan Council Members Voting Nay: Robert G. Jones Council Members Absent: J. Henry McCoy, Jr. , D. D. S. , and Meyera E. Oberndorf "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUTS R. ]ONES, B.y.id@ B.,..gh VICE-MAYOR BARBARA A4. HENLEY, P..g. B.,..Sb JOHN A. BAUM, B --- gb NANCY A. CREECH, At HAROLD IIEISCHOBER, At L.,g@ H. JACK JENNINGS, JR., Ly.@b..@. B.@.gb ROBERT G. JONES. At L.,g@ W. It. KITCHIN, Ill, Vigi.i. B@.@b REBA S. M,CLANAN, A@@@ B.,..gb 1. liENRY M,COY, JR., K@.p-ill@ B.,..Sb 212 CITY HALL BUILDTNG MEYERA E. OBERNDORF, At L.,V MUNICIPAL CENTER VIRGINIA BEACH, VIRGIVIA 23456 RUTH HODGES SMITH, CMC. City Cl@lk (804) 427-4303 CITY COUNCIL AGENDA February 7, 1983 ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for diSCUSSiOn by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER's ADMINISTRATIVE ITEMS: 1. Patio Restaurants and Nonconforming Uses: Presentation by Mr. Robert J. Scott, Director of Department of Planning. 2. Amendment to Resolution Regarding Conditions and Restrictions Attached to Rezonings: Presentation by Mr. Robert J. Scott, Director of Department of Planning (see formal agenda 3. Quarterly CIP Status Report: Discussion. 4. Review of Consent Agenda ITEM 11 FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend To=y Taylor London Bridge Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL. D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of January 24, 1983. E. PRESENTATIONS 1. Resolution in Recognition - William Forbes. F. RESOLUTION 1. Resolution requesting that SubsectionB-of Senate Bill No. 273 presented for consideration of the 1983 General Asseinbly be amended by adding thereto Virginia Beach to the cities exempt from the provisions of subsection A Section 24.1-90.1, Code of Virginia. G. 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 tbe 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 iii Recognition to William Forbes for his athletic achievement at First Colonial High School. 2. Woodstock Park - 30 acres of property located at the intersection of I-64 and Providence Road. a. Resolution authorizing the City Manager.to initiate the formulation and submission of all necessary docu- ments to seek approval of funding for Woodstock Park. This gives the City's assurance that the local funds required as the City's share of the cost of the facility development will be provided up to $664,000, as set forth in the CIP. b. Resolution requesting the Virginia Highway Commission to approve the recreational access funds for Woodstock Park. 3. Resolution amending a resolution adopted on November 8, 1982 pertaining to conditions and restrictions attached to re- zonings. 4. Ordinance to amend and reordain Section 18-76.1 of tbe Code of the City of Virginia Beach pertaining to Dealers in' Precious Metals and Gems. ITEM II G. CONSENT AGENDA (Cont'd) 5. Ordinance declaring certain property Excess and Autborizing the City Manager to execute an option granting the same to the Commonwealth of Virginia, Department of Highways and Transportation. 6. Recommendation of City Manager that Ordinance closing, vacating and discontinuing a portion of an unimproved alley totaling 1,845.8-square feet located between Virginia Beach Boulevard and 18th Street in the petition of Peter J. Gualeni and Joseph J. Gualeni (Lynnhaven Borough) be deferred for an additional week as additional information has not been received by Council. (This matter was deferred on November 22, 1982 and January 24, 1983.) 7. Low bid of Dominion Ecological Services, Inc., in the amount of $59,321, for the Animal Control Crematory (CIP 3-937); AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 8. Bingo/Raffle Permits: Raffle Lynnhaven Junior High Band Parents' Association Bingo/Raffle Veterans of Foreign Wars Post 392 Raffle St. Nicholas Greek Orthodox Church Raffle Virginia Beach Astros Raffle Virginia Beach Education Association Bingo/Raffle St. Matthew's Catholic Church 9. Request of City Treasurer for tax refunds in the amount of $437.75. H. PLANNING ITEMS 1. Application of R. G. Moore for Changes of Zoning on two sites located along the east side of First Colonial Road, south of Wildwood Drive (Lynnhaven Borough): (a) From R-4 Residential District to 0-1 Office District on an 11.2-acre parcel. (b) From R-4 Residential District to artment District on a 23.8-acre parcel. (This matter was deferred until today on January 10, 1983) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II H. PLANNING ITEMS (Con'd) 2. Request of Reverend Dale Burden in the matter of the application of Gateway Freewill Baptist Church to delete condition requiring dedication of property along Virginia Beach Boulevard. (Conditional Use Permit Application No. 4192, adopted by City Council April 19, 1982.) I. UNFINISHED BUSINESS 1. Cablecasting of City Council Meetings. J. NEW BUSINESS 1. Briefing by VEPCO officials on proposed 23OKW transmission line between Green Run and Greenwich Substation. 2. Request of Gateway Office Center in the matter of the application of Virginia Beach HoldinR Corporation for a Change of Zoning approved January 23, 1978 to relieve restriction of Condition No. 6. (There is to be no parking in rear.) 3. Request of Mr. Wayne Skinner, President of Outreach for Christ for a resolution from the City to proclaim Outreach for Chirst, Inc., a tax-exempt organization. a. Recommendation by the City Manager that Council take no action on Mr. Skinner's request as it will not preclude consideration by the General Assembly. K. ADJOURNMENT 1. Motion to Adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 February 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones, in the Conference Room, City Hall Building, on Monday, 7 February 1983 at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Nancy A. Creech**, Robert C. Jones*, and Meyera E. Oberndorf - 2 - ITEM #19413 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESS10N 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 ply-nt, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion con erning a pr@spective business or industry where no previous announcement has been made of the business' ot industry's interest in locating in the community. 4. LEGAL MATTERS: Consultation with legal Counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech**, Robert G. Jones*, and Meyera E. Oberndorf *COUNCILMAN JONES ENTERED MEETING AT 12:33 p.m. **COUNCILWOMAN CREECH ENTERED MEETING AT 12:40 p.m. -3- M A T T E R S B Y T H E M A Y 0 R BIRTHDAY WISHES ITEM #19414 Mayor Jones wished all Council Members wbo have birthdays in February a very Happy Birthday. Councilwoman Meyera E. Oberndorf - February 10 Councilman John A. Baum - February 11 Councilman J. Henry McCoy, Jr. - February 15 Mayor Louis R. Jones - February 17 OFFICIAL FUNCTIONS ITEM #19415 Mayor Jones advised the following Council Members attended functions on behalf of the City of Virginia Beach during the month of January, 1983: January 03 Vice Mayor Barbara M. Henley and Councilwoman Meyera E. Oberndorf attended the opening of Pizza Time Theatre at Janaf Shopping Center. A similar project is planned for Virginia Beach. January 13 Council Members Robert G. Jones, H. Jack Jennings, Jr., Vice Mayor Barbara M. Henley and Meyera E. Oberndorf attended the Virginia Society of Professional Engineers Annual Banquet held in Norfolk. January 21 Council Members H. Jack Jennings, Jr., Harold Heischober, Meyera E. Oberndorf and Robert G. Jones attended the Virginia Beach Chamber of Commerce annual membership and installation luncheon at tbe Pavilion. January 21 Vice Mayor Barbara M. Henley represented the Mayor at the Tidewater Mayors and City Managers meeting held in Chesapeake. January 27 Councilwoman Reba S. McClanan and Vice Mayor Barbara M. Henley presented awards on behalf of the Mayor at the First Annual Clean Community Awards Luncheon held at the Lighthouse. Also in attendance were Council Members W. H. Kitchin, III, Robert G. Jones and Meyera E. Oberndorf -4 - January 28 Dr. J. Henry McCoy, Jr., represented the Mayor at the ribbon cutting for for the addition to the United Artist Movies at Lynnhaven Mall. January 28 Councilwoman Meyera E. Oberndorf represented the Mayor at the Change of Command Ceremony at Naval Air Station-Oceana whereby Commander D. A. Sharer was relieved by Commander John A. Combs. Councilwoman Oberndorf also attended other events that weekend during Oceana's Red Ripper Reunion Weekend Celebration. LEGISLATIVE DINNER ITEM #19416 Mayor Jones advised there are problems with regards to Council Members attending the Legislative Dinner on February 10, 1983, and only four (4) members of City Council can attend. It was the consensus of Council that they meet with the City's representatives on February 10, 1983, and all Council Members who can attend please do so. M A T T E R S B Y C 0 U N C I L M E M B E R S HOTEL FIRES ITEM #19417 Councilman Jennings advised that two hotels have burned in the Virginia Beach Borough since November, 1982, and the remains of the fire are still visible and asked if there was anything the City could do to remove these "eye sores"? The City Manager advised he will meet with the Fire Chief concerning this matter. AWARDS AND MEMORIAL BOARD ITEM #19418 Councilman Baum made reference to a letter from Councilwoman Oberndorf concerning the formation of an AWARDS AND MEMORIAL BOARD and the request to the City Manager to prepare the proper Ordinances and Resolutions. Consideration of this matter was DEFERRED one week. - 5 - HOUSE BILL 857 ITEM #19419 Councilman McCoy presented the following Resolution for Council's consideration: WHEREAS, the general law of the Commonwealth makes provisions for the appointment of School Board Members by the local governing body as appropriate; and, WHEREAS, this system has worked to the benefit of the public schools of the Commonwealth for many years; and, WHEREAS, House Bill 857 would bring about sweeping changes in the appointing procedure in Virginia Beach; and, WHEREAS, the City Council has not been consulted in regard to these changes. LET IT THEREFORE BE RESOLVED, that the City Council of Virginia Beach vigorously opposes House Bill 857; and, BE IT FURTHER RESOLVED, that this opposition be expressed to all members of the Virginia Beach General Assembly delegation and to all such members of the General Assembly as deemed appropriate. This matter will be on the FORMAL AGENDA under NEW BUSINESS. SANDBRIDGE BEACH ITEM #19420 Councilwoman McClanan presented the following Resolution for Council's consideration: RESOLUTION AUTHORIZING CERTAIN SAND GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION CAUSED BY A STORM ON JANUARY 28, 1983 WHEREAS, pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, the governing body of the City of Virginia Beach may declare an emergency for the purposes of authorizing certain activities on coastal primary sand dunes in - 6 - order to protect the public health or safety without said activity having to be reviewed and approved by the local Wetlands Board; and, WHEREAS, the permit process for authorization by the Wetlands Board for sand grading activities on coastal primary sand dunes generally involves several months; and, WHEREAS, due to the heavy rain and wind storm on January 28, 1983, the beach, shores and sand dunes located at Sandbridge Beach have seriously eroded causing a hazard to the beach, shores and the property adjacent thereto. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, an emergency is declared on the sandy beach area and sand dunes east of Sandfiddler Road at Sandbridge Beach and the City Manager may issue sand grading permits pursuant to Section 6-13 of the Code of the City of Virginia Beach to conserve and protect the beaches and shores or property adjacent thereto upon proper application therewith. Tbis Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of February, 1983. The City Attorney spoke concerning this matter. This matter will be on the FORMAL AGENDA for further discussion and vote. - 7 - R. G. MOORE APPLICATION ITEM #19421 Councilman Jennings made reference to the application of R. G. MOORE for changes of zoning from R-4 Residential District to 0-1 Office District AND from R-4 Residential District to A-1 Apartment District (modified from A-2 Apartment District) with regards to condition number four: This project will be limited to two access points along First Colonial Road. In addition, no direct access from the 0-1 area will be permitted along First Colonial Road. Councilwoman Creech advised when this matter first appeared on the Agenda she requested an opinion from the Commonwealth Attorney's office as to whether or not there might be a possible conflict of interest. The Commonwealth Attorney's Office advised Councilwoman Creech there was no possible conflict of interest. The Commonwealtb Attorney's office requested Councilwoman Creech submit her request in writing, which she did and received notice today (February 7, 1983), that there is a possible conflict of interest on only two of the parcels but there is no conflict of interest on the parcels being retained and developed by the Potters. Councilwoman Creech requested Council have two votes on the R. G. MOORE application to permit her to vote for one and abstain from voting on the other application. GATEWAY OFFICE CENTER ITEM #19422 Councilman Kitchin made reference to the request of GATEWAY OFFICE CENTER in the matter of the application of Virginia Beach Holding Corporation for a change of zoning approved January 23, 1978, to relieve restriction number six: There is to be no parking in rear. Councilman Kitchin advised this matter has been "worked out" with tbe neighborhood. BOARDWALK ITEM #19423 Councilman Kitchin requested information as to whether the Corps of Engineers can do construction repairs to the Boardwalk and requested the Staff to solicit an opinion. -8 - OLD INCINERATOR SITE DEVELOPMENT COMMITTEE ITEM #19424 Councilman Kitchin advised the Members of the OLD INCINERATOR SITE DEVELOPMENT COMMITTEE have selected an Architect; however, it will take approximately three weeks before the contracts are signed and the Architect is reluctant to begin the design without a signed contract. The City Manager advised he will take care of this matter for Council. COX CABLE ITEM #19425 Councilman Jones asked the City Manager if any further clarification had been received from Cox Cable as to Cable TV stations they will " drop". The City Attorney requested this matter be discussed in EXECUTIVE SESSION. 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 PATIO RESTAURANTS AND NONCONFORMING USES ITEM #19426 The City Manager asked Robert J. Scott, Planning Director, to make a presentation to Council concerning Patio Restaurants and Nonconforming Uses. The Planning Director advised that since the Zoning Ordinance was adopted in 1957, there has always been a separation by regulation of tbe hotels on the east side of Atlantic Avenue from various commercial enterprises, including restaurants, on the west side of Atlantic Avenue. This was re-established when the Comprehensive Zoning Ordinance was adopted in 1973. The applicable requirements in tbe Comprehensive Zoning Ordinance in 1973, and in effect in the summer of 1980, allowed accessory uses including restaurants in conjunction with hotels on the east side of Atlantic Avenue, so long as the accessory uses were not visible from outside the zoning lot. In the summer of 1980, there were found six specific hotels in violation of this requirement. These hotels were operating "so-called patio restaurants" on the boardwalk side of their properties. - 9 - In the fall of 1980, the Planning Department began to investigate the current Ordinance to determine its suitability to modern times. As a result of that investigation, the Planning Department prepared a proposed draft amendment to the Comprehensive Zoning Ordinance that would allow patio restaurants subject to a number of very limiting requirements. This issued proved to be very con- troversal. Public discussion at the Subcommittee meetings centered on the following issues: 1. That it was of primary importance to preserve the integrity of the hotel-commercial separation represented by Atlantic Avenue. 2. That it was equally important to protect the interests of the hotel operators and those lodging at tbe hotel. 3. That it was impossible to differentiate by regulation between a bonafide restaurant on the one hand and a boisterous facility sometimes called a "beer joint" on the other band. It was felt that the type of regulation that would separate the two either falls within the purview of the A.B.C. Board or constitutes business regulation as opposed to land use regulation. Therefore, this committee was unable to come up with any recommendations for improving upon the Ordinance in the Code. In March of 1981, City Council chose not to amend the Comprehensive Zoning Ordinance and the City staff reinstituted enforcement proceedings against those restaurant operators in violation of the Comprehensive Zoning Ordinance. In August of 1981, the Circuit Court ruled against the City, stating the requirement that the restaurant not be visible from outside the zoning lot was invalid due to vagueness. The City was given 90 days to consider amending the Ordinance to "something that would be acceptable to the Court". In December of 1981, City Council adopted an amendment to the Comprehensive Zoning Ordinance that basically establishes its current position. That amendment requires full enclosure of all restaurants, upholds the principle of separation tbat has always been in the Comprehensive Zoning Ordinance, and has met with tbe approval of the Circuit Court. CONDITIONS AND RESTRICTIONS ITEM #19427 The City Manager asked Robert J. Scott, Planning Director, to make a presentation concerning the amendment to the Resolution regarding conditions and restrictions attached to rezonings. Mr. Scott advised that on November 8, 1982, City Council adopted a Resolution pertaining to conditions and restrictions attached to rezonings which states: -10- "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions are submitted in writing to the Planning Department at the time the application for rezoning is submitted." "That in the event an application for rezoning is heard by tbe Planning Commission and an offer of such conditions or restrictions is made during the public hearing such application may be deferred, by the Planning Commission, until such time as the conditions or restrictions are submitted in writing." "That the Council of the City of Virginia Beach will not consider any conditions or restrictions, associated with the rezoning application, unless such conditions or restrictions are in written and recordable form and approved as to form and sufficiency by the City Attorney's Office." Mr. Scott advised the City is requesting the following paragraph be included: "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the land- owner shall only be considered when such restrictions or conditions apply to limitations of density upon the site, of limitations of use upon the site or other similar conditions that can be readily and effectively enforced by the City of Virginia Beach at the time of the development of the property." Councilman Jennings requested the following be included in the amended Resolution: "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to the landowner one week in advance of the Planning Commission Public Hearing." This matter will be in the FORMAL SESSION under the CONSENT AGENDA. QUARTERLY CIP STATUS REPORT ITEM #19428 The City Manager advised Council the Quarterly Capital Improvements Program Status Report has been presented to Council for their consideration. City Council RECESSED into EXECUTIVE SESSION, (1:50 p.m.) - 1 1 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 February 1983 2:30 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Meyera E. Oberndorf INVOCATION: Reverend Tommy Taylor London Bridge Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - M I N U T E S ITEM II-D.1 ITEM #19429 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council voted to APPROVE the Minutes of the Regular Meeting of January 24, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf - 1 3 - P R E S E N T A T I 0 N ITEM II-E ITEM #19430 Mr. W. B. 8haffer spoke before City Council and presented the Mayor and City Manager each a book entitled "Three Books That Made The South And 1000 Millionaires, 10 Billionaires" by W. B. Shaffer, Jr. ITEM II-E.1 ITEM #19431 Mayor Jones read the Resolution in Recognition and presented same to: WILLIAM FORBES The following appeared with William: Mr. and Mrs. Forbes Mr. Vince Forbes, brother of William and Team Member Mr. Kevin Keith, Captain, First Colonial Football Team Mr. Michael Themides, Principal, First Colonial High School Mr. Frank Webster, Coach, First Colonial High School R E S 0 L U T I 0 N ITEM II-F.1 ITEM #19432 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting that Subsection B of Senate Bill Number 273 presented for consideration of the 1983 General Assembly be amended by adding thereto Virginia Beach to tbe Cities exempt from the provisions of Subsection A Sec t ion 24 . 1-90 . 1, Code of Virg inia, with the inclus ion of the following wording: "The City Clerk is directed to forward a copy of this Resolution to each member of the General Assembly representing the City of Virginia Beach, Virginia, AND ALL MEMBERS OF THE HOUSE PRIVILEGES AND ELECTIONS COMMITTEE." - 14 - Vot ing: 8- 2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr., and Robert C. Jones Council Members Absent: Meyera E. Oberndorf -15 - The reqular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chamber of the Administration Building on the 7th day of February 1983. On Motion by Councilman Heischober and seconded bv Councilwoman McClanan the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the City Council of the Citv of Virginia Beach, Virginia, has reviewed Senate Bill No. 273, a Bill to amend and reenact Section 24.1-90.1 of the Code of Virginia by adding thereto subsection B, said subsection pertaining to exceptions of subsection A of Section 24.1-90.1 to certain cities; and WHEREAS, after due consideration, the Council desires that Virginia Beach be exempt from the provisions of subsection A of Section 24.1-90.1, of the Code of Virginia, so that its charter provisions governing nominations of candidates for council or mayor shall continue in effect notwithstandina the provisions of subsection A of Section 24.1-90.1. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the said Council hereby reauests that subsection B of Senate Bill No. 273 presented for consideration of the 1983 General Assembly, be amended by adding thereto Virqinia Beach to the cities exempt from the provisions of subsection A of Section 24.1-90.1, Code of Virginia. The City Clerk is directed to forward a copy of this resolution to each member of the General Assembly representing the City of Virginia Beach, Virqinia, and all members of the House Privileges and Elections Committee. Adopted by the Council of the City of Virqinia Beach on the 7th- day of February -, 1983. JAR/ih APPR E ,T CONTENTS Res(2) 'DEPARTMENT FORM - 16 - ITEM #19433 Mr. Jack Siebert, Realtor, spoke on favor of the proposed Ordinance Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to ADOPT the Resolution authorizing certain sand grading activities at Sandbridge Beach due to an emergency situation caused by a storm on January 28, 1983.* Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf *This matter is an "add on" item to the Agenda - 1 7 - Requested by: Councilwoman McClarian A RESOLUTION AUTHORIZING CERTAIN SAID GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION CAUSED BY A STORM ON JANUARY 28, 1983 WHEREAS, pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, the governing body of the City of Virginia Beach may declare an emergency for the purposes of authorizing certain activities on coastal primary sand dunes in order to protect the public health or safety without said activity having to be reviewed and approved by the local Wetlands Board; and, WHEREAS, the permit process for authorization by the Wetlands Board for sand grading activities on coastal primary sand dunes generally involves several months; and, WHEREAS, due to the heavy rain and wind storm on January 28, 1983, the beach, shores and sand dunes located at Sandbridge Beach have seriously eroded causing a hazard to the beach, shores and the property adjacent thereto. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to Subsection 3K of Section 62.1-13.25 of the Code of Virginia, as amended, an emergency is declared on the sandy beach area and sand dunes east of Sandfiddler Road at Sandbridge Beach and the City Manager may issue sand grading permits pursuant to Section 6-13 of the Code of the City of Virginia Beach to conserve and protect the beaches and shores or property adjacent thereto upon proper application therewith. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. -18- ITEM #19434 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council voted to ADOPT the Resolution expressing Council's opposition to House Bill 857 as it would bring about sweeping changes in the appointing procedure of School Board Members in the City of Virginia Beach.* Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Meyera E. Oberndorf *This matter is an "add on" item to the Agenda -19- WHEREAS, the general law of the Commonwealth makes provisions for the appointment of School Board Members by the local governing body as appropriate; and, WHEREAS, this system has worked to the benefit of the public schools of the Commonwealth for many years; and, WHEREAS, the City Council has not been consulted in regard to these changes. LET IT THEREFORE BE RESOLVED, that the City Council of Virginia Beach vigorously opposes House Bill 857; and, BE IT FURTHER RESOLVED, that this opposition is expressed to all members of the Virginia Beach General Assembly Delegation and to all such members of the General Assembly as deemed appropriate. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. - 20 - C 0 N S E N T A G E N D A ITEM II-G ITEM #19435 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION witb the exception of II-G.3 which will be considered separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. R. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 2 1 - ITEM II-G.1 ITEM #19436 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to ADOPT the Resolution in Recognition to William Forbes for his athletic achievement at First Colonial High School. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf RESOLUTION IN RECOGNITION WILLTAM FORZES WHEREAS: Sports have atways had a place in American Zife and competition has grown as individual players master their own skills, physical strength and stconina to compete in ZocaZ, national and internationat events as weZZ as for sezection in high institutions of learning; WHEREAS: The Virginian-Pilot and Ledger-Star sportswriters attended and covered every high schooz footbatt game to carefutty evaluate and setect their PLAYER OF THE YEAR in 1982: WILL FORLES WHEREAS: Witt Forbes is a 17 year oZd Senior at First Coloniat High SchooZ and Tidewater's Zeading Rusher with 1,573 yards in 173 attempts in regular-season ptay. He scored 23 touchdowns -- more than any other pzayer -- He topped the Beach District in point- making with 138 and ranked Second area-wide after leading untit the finat game. He is most noted for his offensive tazent--8 passes for over 100 yards and punting a 35.5 average--but, he excezs on defense where he had 2 interceptions, 29 tacktes and averaged 19.4 yards on kick-off returns for First Cotoniat in 1982. He is 51611, weighs 165, is wett-buizt and nuscuzar. His Coach, Frank Webster, says: "There are bigger, stronger and faster high schooz footbalt pzayers in Tide- water, but none better and he has att-around abizity to do most any- thing on a footbaZZ field". A fomer coach, H. Jack Jennings, now a member of Virginia Beach City Council, says: "WiZZion is most deserv- ing; and, I say with a great deal of pride that I coached WiZZiam when he was a fast Zittte boy in Kings Grant and the Kings Grant-Plaza Foot- baLl League won the FLag Championship that year due to WiZZiwn's efforts. I have watched his career blossom atZ the @y at First CoZonial". WHEREAS: When the AZZ-B3ach District Temn was picked, Witz Forbes @s selected unanimously by the Virginia Beach coaches to a first team position on both the ALL-STAR OFFENSIVE as well as the ALL- STAR DEFENSIVE TEAM and was the onty pzayer to do so. He @s selected to the ALL-REGIONAL, ALL-TIDEwATEt? and ALL-STATE HIGH SCHOOL FOOTR4LL TEAMS. NOW, THERFFORF, ZE IT RESOLVED: That the Virginia @ach City CounciZ recognizes: WILLIAM FORIES for his athletic achievement and pay tribute to him for his recognition at First CoLonait High Schoot in District, Regionat and State CorTe- tition and as the Virginian-PitotILedger-Star Sportswriter's PLAYER OF THE YEAR, 1982. IF IT FURTHER RESOLVED: That this Resotution be fr=ed for presentation with a copy to be spread upon the Minutes of this Format Session of the Virginia @ach City Councit. Given under nw hand and seat this Seventh day of February, Nineteen Hundred and Eighty-Three. Mayor - 2 3 - ITEM II-G.2.a/b ITEM #19437 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 initiate the formulation and submission of all necessary documents to seek approval of funding for Woodstock Park.* AND, ADOPT the Resolution requesting the Virginia Highway Commission to approve the recreational access funds for Woodstock Park. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf *This Resolution gives the City's assurance that the local funds required as the City's share of the cost of the facility develop- ment will be provided up to $664,000, as set forth in the Capital Improvements Program. -24- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the Seventh day of February 1983. On motion by Councilman Jennings and seconded by Councilwoman Cieecti the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Virg,,ihia Commission of Outdoor Recreation provides funds to assist political subdivisions,ofthe State of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within the City of Virginia Beach to develop park land; and WHEREAS, ihis area is deemed of high devel.opment priority by said City of Virginia Beach and shall be referred to as @loodstock Park. WHEREAS, ih order to attain funding assistance from the Virginia Commission of Outdoor Recreation, it is necessary that the City of Virginia Beach guarantee a share of the cost thereof; and WHEREAS, the project share is funded in part by the Virginia Commission of Ou.tdoor Recreation and the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to cause such information or materialt as may be necessary to be provided to the appropriate State agency and to enter into such agreements as may be necessary to permit the formulation, approval and funding of Woodstock Park Development Project; and BE IT FURTHER RESOLVED, that the Virginia Commission of Outdoor Re creation l@s hereby requested to provide funds in thb amount of $185,180.00 for the development of Woodstock Park; and BE IT FURTHER RESOLVED, the City of Virginia Beach, Virginia, gives its assurance that the funds needed as the shareofthe cost of the approved program will be provided, up to $664,000.00; and BE IT FURTHER RESOLVED, that the City of Virginia Beach, Virginia, gives its assurance that the General Provision of the Land and Water Conservation Fund and the Virginia Outdoor Fund Fiscal Procedures will be complied with in the administration of this project; and ArPPOVED AS TO CONTEI%IT SIGNATURE DEPARTMENT A 'T@o' i3- s T@@@ 2 5 - BE IT FURTHER RESOLVED, that the National Park Service, U.S. Department of the Interior, and the Virginia Commission of Outdoor Recreation is respectfully requested to assist in the prompt approval and funding of the Woodstock Oark Project in order to enhance the standard of recreational enjoyment for all our citizenry. Adopted by the Council of the City of Virginia Beach, Virginia, on tbe Seventh day of February, 1983. APPPOVED AS TO CONTE,4T @ll,14.,T@ DEPARTMENT AST F @T , RNEY Al-)PROV'@@D AS TO CO,',4-i @l.4T SIGt4ATURE -26- D'PARTMENT A@ 71 AT meeting of the Council of the City of Virginia Beach, Virginia, T@ the Council Chambers, in the Administration Building, on the @'7th day of February 1983. On motion by Councilman Jennings and seconded by Councilwoman Creech , the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Woodstock Park is owned and is to be developed by the City of Virginia Beach, Virginia, as a recreational facility serving the residents of Virginia Beach and adjoining communities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223, Code of Virginia, as amended, requires joint action by the Commission of Outdoor Recreation and the Highway Commission; and WHEREAS, a statement of policy agreed upon between the said Commissions approves the use of such funds for the construction of access roads to publicly-owned recreational areas or historical sites; and WHEREAS, the City Council of Virginia Beach has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et.seq.), Chapter 11, Title 15.1; and WHEREAS, it appears to the City Council that all reqdirements of the law have been met to permit the Commission of Outdoor Recreation to desig- nate the Woodstock Park as a recreational facility and further permit the Virginia Highway Commission to provide funds for access to this public recreation area in accordance with Section 33.1-223, Code of Virginia, as amended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That it is hereby requested that the Commission of Outdoor Recreation designate the Woodstock Park as a public recreational area; and to recommend to the State Highway Commission that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Virginia Highway Commission is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. Adopted by the Council of the City of Virginia Beach, - 2 7 - ITEM II-G.4 ITEM #19438 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 amend and reordain Section 18-76.1 of the Code of the City of Virginia Beach pertaining to Dealers in Precious Metals and Gems. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr. , D. D. S. , and Meyera E. Oberndorf -2 8- AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-76.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO DEALERS IN PRECIOUS METALS AND GEMS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA: That Section 18-76.1 is hereby amended and reordained as follows: Section 18-76.1. Dealers in precious metals and gems. dealerT - 2 9- (a) Definitions. For the purposes of this section, the following definitions shall apply: (1) "Coin" means any piece of gold, silver or other metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money. (2) 'Dealer" means any person, firm,. partnership, or corporation engaged in the business of purchasing, acquiring, or selling secondhand precious metals or gems, or precious metals or gems removed in any manner from, manufactured articles not then owned by such person, firm, partnership, or cor]Roration. This definition shall not be construed so as to include persons engaged in the following: -2- -30- (a) Purchases of precious metals or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories. (b) Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. (c) Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. (d) Preparing, restoring, or designing jewerly by retail merchant, if such activities are within the normal course of business. (e) Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants or wholesalers. (f) Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-prodouct. (3) "Gems" means any items containing precious or semiprecious stones customarily used in jewelry, (4) "Precious metals" means any item except coins composed in whole or in part of gold, silver, platinum, or platinum alloys. (b) Tax levied on receipts. Every dealer engaged in business in the city of purchasing, acquiring or selling secondhand precious metals or gems shall pay a license tax equal -3- -31- to $25.00 and one-fourth of one-percent of all gross receipts received in the resale either at retail or wholesale of such precious metals or gems made in excess of $2,500.00 durinq the preceding calendar year. Such license tax levied under this section shall exempt any licensee from payinq any additional retail or wholesale merchants license tax on such sales or purchases. This Ordinance shall be effective on May 1, 1983. A,dopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of F&bruary 19 83 MES/re 12/14/82 12/21/82 01/06/83 (D) APP,-,OV"71 1.5 T@j CO'4' . ENT -4- - 3 2 - ITEM II-G.5 ITEM #19439 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance declaring certain property EXCESS and autborizing the City Manager to execute an option granting tbe same to the Commonwealth of Virginia, Department of Highways and Transportation. (For construction of an inter- change to facilitate the movement of traffic on and off Toll Road from First Colonial Road.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, E. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf @33- Requested by: Department of Public Works AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION GRANTING THE SAME TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, in connection with the Route 44/First Colonial Road Improvement Project, the City of Virginia Beach acquired certain interest in the following described property; and WHEREAS, the Commonwealth of Virginia, Department of Highways and Transportation has requested the City to dedicate its interest in the following described property for the purpose of the construction of a highway interchange improvement; and WHEREAS, the City Council is of the opinion that the proposed highway interchange improvement will be beneficial and necessary to, the health, safety and welfare of the citizens of the City of Virginia Beach; and WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be excess of the needs of.the City of Virginia Beach: All that certain lot, tract or parcel of land, belonging, lying, situated and being in the City of Virginia Beach, Virginia being as shown on sheet 5 of the plans for Route 44, State Highway Project 004-134-104, R/W 202, and lying on the north (left) side of old Virginia Beach Road cehterline and adjacent to the existing north right of way line of present Old Virginia Beach Road from the lands of Linwood Properties opposite approximate Station 17+97 to a point in the lands of the landowner opposite approximate Station 20+14, and containing 0.220 acre, more or less, land, and being part oP the same land acquired by the landowner from George J. Parker, et als, by deed dated October 23, 1975, Tnd-recor@ed in Deed Book 1535, page 466 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach. - 34- 2. That the City Manager is authorized to execute an option granting the hereinabove described property to the Commonwealth of Virginia, Department of Highways and Transportation. 3. That should the Commonwealth of Virqinia, Department of Highways and Transportation decide to exercise its rights pursuant to the option hereby authorized to be granted, the City Manager is authorized to convey the hereinabove described property as provided in the option, a copy of which is attached hereto. 4. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 7th day of February 1983. 1/18/83 (B) Note: Three fourths vote of Council is required for ordinance to be effective. 7@D AST,C T -2- - 3 5 - ITEM II-G.6 ITEM #19440 Upon motion by CouncilTftan Jennings, seconded by Councilwoman Creecb, City Council voted to uphold tbe recommendation of the City Manager and DEFER ONE WEEK (February 14, 1983), the Ordinance closing, vacating and discontinuing a portion of an unimproved alley in the petition of Peter J. Gualeni and Joseph J. Gualeni, in tbe Lynnhaven Borougb. (This matter was deferred on November 22, 1982, and January 24, 1983.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 3 6 - ITEM II-G.7 ITEM #19441 The following bids have been received for the Animal Control Crematory (CIP 3-937): Dominion Ecological Services $ 59,321.00 Air Pollution Control Products, Inc. $ 77,956.53 Environmental Control Products, Inc. $ 83,044.00 Morse, Boulger, Inc. $102,750.00 PROJECT ESTIMATE $ 85,000.00 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Dominion Ecological Services, in the amount of $59,321.00 for the Animal Control Crematory (CIP 3-937) AND authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 3 7 - ITEM II-C.8 ITEM #19442 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Bingo/Raffle Permits: Raffle Lynnhaven Junior High Band Parents' Association Bingo/Raffle Veterans of Foreigh Wars Post 392 Raffle (Bingo/Raffle) St. Nicholas Greek Orthodox Church Raffle Virginia Beach Astros Raffle Virginia Beach Education Association Bingo/Raffle Saint Matthew's Catholic Church Raffle* Virginia Beach Sunwheelers, Inc. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf - 3 8 - ITEM II-G.9 ITEM #19443 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 $437.75. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Oi83 mc 1/2 E AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby ap proved: NAME Tax Type Ticket Exonera- Date PenaltIy lnt. Total Year of Tax Number tion No. Paid Mildred Willie 83 RE@1/2@ 88033-6 12/3/82 8.07. BVA Credit Corp 82 RE 1/2 73675-2 12/5/81 43.16 BVA Credit Corp 82 RE(2/2) 73675-2 6/5/82 43.16 Everett & Margie Dial 79 RE(1/2) @18271-0 .11/14/78 4.00 Everett & Margie Dial 79 @@%@RE(2/2) 18271 0 @@@@6/5/79 -4.00 12/5/79 !,80 @,@@@'@RE(1/2) 16852-8 4.44 Everett & Margie Dial 9 -RE(2/2) 16852-8 Everett & Mar ie Dial 80 5/2/80 4.44 Everett & Margie Dial 81 RE(1/2) 19873-6 11/25/80 4.02 Everett & Margie Dial 81 RE(2/2) 19873-6 5/25/81 4.02 Harry-S Hill 82 PP 58457-1 8/31/82 25.89 Jeremial Hoggard 82 PP 147167-7 1/4/83 19.15 Kevin R McCabe 82 PP 149123-6 11/16/82 129.90 Artelia G Williams 82 pp 153680-3 12/5/82 136.50 Shirley Phillips 83 Dog V15497 1/14/83 @7.oo Total 437.75 JAN 24 Lc83 IDEPT- OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 3 7 . 7 5 were approved by the Council of the City of Virginia Beach on the 7 day of February. Jo PAT. Atkihson, Treasurer - A ved as to form: Ruth Hodges Smith City Clerk liale Bimson, City Attorney -40- ITEM II-G.3 ITEM #19444 COUNCILMAN McCOY RETURNED TO COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution amending a Resolution adopted on November 8, 1982, pertaining to conditions and restrictions attached to rezonings with the inclusion of the following wording: "That it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions apply to limitations of density upon the site, of limitations of use upon the site or other similar conditions that can be readily and effectively enforced by the City of Virginia Beach at the time of the develop- ment of the property." "That it sball be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to tbe landowner one week in advance of the Planning Commission Public hearing." Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert G. Jones, and Reba S. McClanan Council Members Absent: Meyera E. Oberndorf -4 1- The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the Seventh day of February, 1983. On motion by Councilman Jennings, and seconded by Councilwoman Creech, the following Resolution was adopted. R E S 0 L U T 1 0 N WHEREAS, the City of Virginia Beach has adopted a Comprehensive Zoning Ordinance; and, WHEREAS, from time to time landowners file applications with the Planning Department of the City of Virginia Beach to have the Zoning Ordinance amended; and, WHEREAS, such requests for zoning changes are often accompanied by certain conditions or restrictions voluntarily offered by the landowners. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner shall only be considered when such restrictions or conditions apply to limitations of density upon the site, of limitations of use upon the site or other similar conditions that can be readily and effectively enforced by the City of Virginia Beach at the time of the development of the property. THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowners shall only be considered when such restrictions or conditions are submitted in writing to the Planning Department at the time the application for rezoning is submitted. THAT it shall be the policy of the City of Virginia Beach that such conditions or restrictions voluntarily offered by the landowner will be reviewed by the Planning Department with written comments made available to the landowner one week in advance of the Planning Commission Public Hearing. -4 2 - THAT in the event an application for rezoning is heard by the Planning Commission and an offer of such conditions or restrictions is made during the public hearing such application may be deferred, by the Planning Commission, until such time as the conditions or restrictions are submitted in writing. THAT the Council of the City of Virginia Beach will not consider any conditions or restrictions, associated with the rezoning application, unless such conditions or restrictions are in written and recordable form and approved as to form and sufficiency by the City Attorney's Office. Adopted by the Council of the City of Virginia Beach, Virginia, on tbe Seventh day of February, 1983. -4 3- P L A N N I N G A G E N D A ITEM II-H.1 1TEM #19445 Attorney Grover C. Wrigbt, Jr., represented the applicant The following spoke in favor: Reverend George Stallings, First Colonial Baptist Church Mr. Joe White, 948 Cubby Street Mr. Edward B. Lindsley, 936 Lindsley Drive Mr. Nicholas Michaels, President, First Colonial Civic League Mr. Don Kay, 900 Lindsley Drive Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to APPROVE AND AMEND the applications of R. G. MOORE for Changes of Zoning District Classification as per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE Z0283698 FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION 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 R. C. Moore for a Change of Zoning District Classification from R-4 Residential District to 0-1 Office District on certain property located on the East side of First Colonial Road beginning at a point 250 feet South of Wildwood Drive, running a distance of 1633.08 feet along the East side of First Colonial Road, running a distance of 524.84 feet along the Southern property line, running a distance of 303.57 feet in a Northerly direction, running a distance of 282.12 feet in a Westerly direction, running a dis- tance of 1419.79 feet along the Eastern property line, running a distance of 35.52 feet in a Westerly direction, running a distance of 93.88 feet in a Southerly direction and running a distance of 189.65 feet in a Westerly direction. Said parcel contains 11.2 acres. LYNNHAVEN BOROUGH. -4 4 - During further review of the development plans for this project, the following shall be required by the staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water may be required since it appears that the present drainage system in the inunediate area cannot handle the generated runoff from the development. 4. Access points to First Colonial Road arxd from the residential areas shall be determined in site plan and subdivision review. 5. The developer shall be responsible for one-half ('-@) of the full cost of a three-phase traffic signal at the main entrance to the site. 6. The developer will be responsible for a rwdian opening on First Colonial Road AND a left-turn lane. 7. The developer shall construct a cul-de-sac at the south end of Lindsley Drive. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh day of February, 1983. -4 5 - ORDINANCE UPON APPLICATION OF R. G. MOORE Z0283699 FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-4 RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT (MODIFIED FROM A-2 APARTNENT DISTRICT) BE IT ORDAINED BY THE COUNCIL OF TEE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. C. Moore for a Change of Zoning District Classification from @-4 Residential District to A-1 Apartment District (modified from A-2 Apartment District) on certain property located 170.13 feet South of Wildwood Drive beginning at a point 150.11 feet West of Lindsley Drive, running a distance of 2171.51 feet along the Eastern property line, running a distance of 321.08 feet along the Southern property line, running a distance of 703.45 feet in a Northerly direction, running a distance of 282.12 feet in a Westerly direction, running a distance of 1419.79 feet along the Western property line and running a distance of 520.76 feet along the Northern property line. Said parcel contains 23.8 acres. LYNNHAVEN BOROUGH. During further review of the development plans for this project, the following shall be required by the staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water may be required since it appears that the present drainage system in the immediate area cannot handle the generated runoff from the development. 4. Access points to First Colonial Road and from the residential areas shall be determined in site plan and subdivision review. 5. The developer shall be responsible for one-half (1/2) of the full cost of a three-phase traffic signal at the main entrance to the site. 6. The developer will be responsible for the median opening on First Colonial Road and a left-turn lane. 7. The developer shall construct a cul-de-sac at the south end of Lindsley Drive. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventb day of February, 1983. -4 6 - Voting: 10 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech,* Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Member Voting Nay: None Council Members Absent: Meyera E. Oberndorf *Councilwoman Creech stated her affirmative vote would be applicable to all Parcels EXCEPT Parcel two as shown on the plat for townhouse development and which Mr. Moore will be purchasing due to a possible conflict of interest. - 4 7 - ITEM II-H.2 ITEM #19446 Reverend Dale Burden spoke in behalf of his request Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council voted to DEFER ONE WEEK (February 14, 1983), the request of GATEWAY FREEWILL BAPTIST CHURCH to delete condition number three from their application which was approved 19 April 1 98 2 A 20-foot dedication for the frontage on Virginia Beach Boulevard, 80-feet from the construction centerline of the median, together with a variable width permanent drainage easement along the western property line where it intersects the pro- posed right-of-way of Virginia Beach Boulevard. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay; None Council Members Absent: Meyera E. Oberndorf -4 8 - U N F I N I S H E D B U S I N E S S ITEM II-I.1 ITEM #19447 Mr. James B. Chapman, Executive Director, Virginia Beach Education Association, spoke in favor of cablecasting. Upon motion by Councilwoman McClanan, seconded by Councilman Jones, City Council DIRECTED the City Manager to prepare the necessary Ordinance for February 14, 1983, concerning cablecasting City Council Meetings. Voting: 7 -3 Council Members Voting Aye: Harold Heiscbober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Nancy A. Creech, and Mayor Louis R. Jones Council Members Absent: Meyera E. Oberndorf - 4 9 - ITEM II-I.2 ITEM #19448 Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council voted to APPOINT Jerald Douglas Banagan as Real Estate Assessor, effective March 1, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf -50 - N E W B U S I N E S S ITEM II-J.1 ITEM #19449 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Mr. Harold Adams, Supervisor of Transmission Engineering, Virginia Electric and Power Company, made a brief presentation to City Council on the proposed 230 KW transmission line between Green Run and Greenwich substations. A more detailed presentation was given to the Mayor and City Manager on December 9, 1982. ITEM II-J.2 ITEM #19450 Mr. James Brunt, Real Estate, spoke on this matter and requested condition number six be removed from his application which was approved by City Council on January 23, 1978 (VIRGINIA BEACH HOLDING CORPORATION), and presented a petition from the property owners in tbe area agreeing to the deletion (a copy of which will be made a part of these proceedings): No parking in the rear of the office building Upon motion by Councilman Kitchin, seconded by Councilman Jones, City Council voted to DELETE condition number six, (No parking in the rear of the office building) providing the site plan reviewed by City Council is the one used to construct the building AND include a 7-foot fence across the rear of the property. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf -5 1- To: The Honorable City Council of the City of Virginia Beach The undersigned are the owners and residents of houses located on Tanager Trail in Birdneck Point, which abut the property located on Laskin Road to be developed and to be known as Gateway Office Center. We have been advised by the Developer as to his plans for development of the property and have received a copy of his site plan dated 1 December 1982. We prefer that parking be located at the rear of the site rather than a building. We have found that having a building located at the rear creates a problem with privacy. We, therefore, respectfully urge you to waive the condition previously imposed and allow parking to be located at the rear of the site in question. Our request is conditioned, however, upon no parking being located within 30 feet of the rear line and upon a privacy fence at least 7 feet in height being erected along the length of the rear line of the site. Yours truly, 1117 2/7/83 - 5 2 - ITEM 11-J.3 ITEM #19451 Mr. Wayne Skinner, President of outreach for Christ, appeared before Council requesting a Resolution from the City proclaiming Outreacb for Christ, Inc., a tax-exempt organization. City Council advised they have knowledge of this organization but feel they have not had time to comply with the rules of the investigation. The Mayor will respond in writing in bebalf of City Council. Mr. Ivan D. Mapp, Commissioner of the Revenue, spoke on this matter. PORNOGRAPHY ITEM #19452 Reverend Tommy Taylor, London Bridge Baptist Church, spoke before City Council concerning the "Playboy Channel" on Cable Television. Mayor Jones directed the City Attorney to review the Franchise Agreement of Cox Cable as to what legal position the City has in this matter. ITEM #19453 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council voted to RECESS into EXECUTIVE SESSION (6:15 p.m.) pursuant to the exemptions from opening meetings allowed bY Section 2.1-344 Code of Virginia, as amended, for the purpose of discussing Personnel Matters, Publicly Held Property, Prospective Business or Industry and Legal Matters. Voting: 8-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan Council Members Voting Nay: Robert G. Jones Council Members Absent; J. Henry McCoy, Jr., D. D. S. , and Meyera E - - 5 3 - A D J 0 U R N M E N T ITEM II-K.1 ITEM #19454 Upon motion duly made and seconded City Council adjourned at 7:00 p.m. Diane M. Hickman, Deputy City Clerk R'uth Hodggs Smith,CMC Mayor Louis R. Jones City Clerk City of Virginia Beach, Virginia 7 February 1983 dmh/bh