HomeMy WebLinkAboutOCTOBER 30, 1989
Cit@ "f NTir-wi@i"
'WORLD'S LARGEST RESORT CITY"
CIT'Y COUNCIL
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11- -@O@ ROM@L E &-h
HAROW HEIW.OMR, 1,
M HEN@Y,
WIW- @ .@.S, JR, U@,
281 CHY HALL BUILDING
MUNICIPAL CENTER
A--l I --, j@., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
1 - @I.WN, @i,, A- @8N) 427-4303
OCTOBER 30, 1989
ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 11:30 PM
A. CAPITAL IMPROVEMENT PLAN
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference RDom - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Lewis H. Morgan
Communlty United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS of October 23, 1989
and RECONVENED SESSIONS of October 24 and 25, 1989
F. PUBLIC HEARING
1. PLANNING
a. Application of TIDEWATER WESTMINSTER HOMES, INC. for a
Conditional Use Permit for apartments for the elderly on
Lot 20, Block R, Aragona Village (709 Aragona Boulevard),
containing 1.43 acres (BAYSIDE BOROUGH).
Deferred October 23, 1989
Recommendation: APPROVAL
b. Applications of DEFORD, LTD., at the Northeast corner of Bonney
Rc)ad and South Kentucky Avenue, containing 2.717 acres
(KEMPSVILLE BOROUGH):
Change of Zoning District Classification from 1-1 Light
Industrial District to B-2 Community Business District;
AND,
Conditional Use Permit for motor vehicle sales and repair.
Recommendation: APPROVAL
c. Application of RANDOLPH and SPENCER SAVAGE for a Conditional
Use Permit for an open space promotion (amendment) at the
Southern terminus of Tranquil Court (1701 Tranquil Court),
containing 1.9 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Application of RICHARD GIORDANO and DAVID MITCHELL T/A QUALITY
AUTO CLINIC for a Conditional Use Permit for an autornobile
repair establlshment at the Southeast corner of Bonney Road and
Avenue E. (3783 Bonney Road), containing 19,994 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of AT ASSOCIATES, a Virginia General Partnership,
for a Conditional Use Permit for aut()Mobile sales and an
automobile repair garage at the Northeast corner of North
7ynnhaven Road and Mustang Trail, containing 1.9 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f. Application of EAST COAST OIL CORP. for a Conditional Use
Permit for gasoline sales In conjunction with a convenience
store at the Southwest corner of First Colonial Road and
Chantilly Court, containing 1.129 acres (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
9. Application of VIRGINIA METRONET, INC. for a COnditional Use
Permit for a communication tower on the South side of Mill Dam
Road, 800 feet East of North Great Neck Road, containing 21,780
square feet (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
h . App Ii cation of MARSHALLIS HOTEL, INC. for a Go nditi onal Use
Permit for a recreational facility of an outdoor nature
(cabanas) at 66th Street and Oceanfront on Lots 3, 4, 5, 6 and
8, Block 15, Cape Henry, containing 29,620.8 square feet
(LYNNHAVEN BOROUGH).
Recommendation: DENIAL
G. RESOLUTIONS
1. INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND
TRIGON INDUSTRIES, INC. $2,505,377.00
2. Resolution authorizing the enlargement of the Nonconforming Use and
structure at 4060 Mason Street, property of LOUISE LAND (BAYSIDE
BOROUGH).
H. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered in the
ord inary course of business by City Counci I and w! I I be enacted by
one motion In the form listed. If an Item Is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Resolution supporting Virginia Beach Garden Club's application to
the Common Wealth Award Committee of the Garden Club of Virginia
for a grant to fund the "Marsh Walk" at the Virginia Beach %rine
Science Museum.
2. Resolution requesting the Virginia Department of Transportation
designate the Southeastern Expressway as Route 58 (or Route 58
Bypass) in the Cities of Chesapeake and Virginia Beach.
3. Resolution approving Alignment D as the proposed location of Flrst
Colonial Road/Oceana Boulevard Project Phase Ill (CIP 2-833)
4. Resolution directing the Planning Commission to consider and make
Its recommendation to the City Council re official designation of
the geographic extent of those areas within the City of Virginia
Beach which shall be subject to the Chesapeake Bay Preservation
Area and management regulations.
5. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginla:
a. ADD Section 6-112.1 re boating, skilng and surfing.
b. Sections 15-1, 15-5 and 15-6 re hotels, campsites and simllar
establishments.
c. Sections 23-22 re public profanity and drunkenness.
6. Ordinance to sell SURPLUS PROPERTY previously purchased for Project
2-980 Seatack Streets - Phase IIA and to credit the proceeds to the
Project Account.
7. Ordinance to TRANSFER $38,000 from within the FY 1989-1990
Operating Budget of Public Works for the purchase of additional
automated containers.
8. Ordinance to TRANSFER $74,550 to Project 3-938 Human Resource
Building renovation to repair the parking fot.
9. Ordinance to TRANSFER $80,000 to Project 1-959 various schools
roofing - Phase I to allow immediate repairs to the roofs ot First
Colonial and Kempsville High Schools.
10. Ordinance authorizing tax refunds in the amount of $762.40.
11. Ordinance authorizing license refunds In the amount of $27,506.64.
1. UNFINISHED BUSINESS
1. Schedule date, time and place for a PUBLIC HEARING re SOUTHEASTERN
EXPRESSWAY.
J. NEW BUSINESS
1. CENTRAL BUSINESS DISTRICT ASSOCIATION
Presentation- Gerald S. Divaris, Chairman
2. Schedule date(s), time(s) and place(s) for PUBLIC HEARING(S) as
required by State Code Sections 22.1-29.1 for the 1990-1992
APPOINT?4ENTS to the Virginia Beach SCHDOL BOARD.
K. ADJOURNMENT
CITY COUNCIL SESSION CANCELLED
NOVEMBER 27, 1989
NATIONAL LEAGUE OF CITIES
(Scheduled Planning Items will be heard November 20)
All other Sessions will be in accordance with the City Code
cmd
10/26/89
M I N U T E S
VIRGINIA BEACII CITY COUNCIL
Virglnia Beacli, Virglnla
October 30, 1989
The CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) for the VIRGINIA BEACH
CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall, on Monday, October 30, 1989, at 11:30 P.111.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
flarold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
John A. Baum (ENTERED: 12:00 NOON)
John L. Perry (ENTERED: 11:35 A.M.)
William D. Sessoms, Jr. (ENTERED: 11:36 A.M.)
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31945
Mayor Oberndorf congratulated the City Manager, Aubrey V. Watts, Jr. , upon
reccipt of the distinguished service award from the American Waterworks
Association for his dedicated and outstanding service, as well as his
innovative thoughts. The City Manager was applauded for his efforts by the City
Council and all citizens and staff in attendance.
ITEM # 31946
Mayor Oberndorf advised PUBLIC HEARING(S) are required by State Code Section
22.1-29.1 for the 1990-1992 APPOINTMENTS to the VIRGINIA BEACH SCHOOL BOARD.
Mayor Oberndorf referenced the memorandum from Assistant City Attorney Jay
Richardson concerning the procedural requirements necessary for the appointment
of School Board Members. At least seven (7) days prior to the appointment of
any School Board Member, the City Council shall hold one or more PUBLIC
HEARINGS, and ten days prior to any PUBLIC HEARING, the City Clerk shall cause
PUBLIC NOTICE of such PUBLIC HEARING to be published in any newspaper having
general circulation within the City.
BY CONSENSUS, City Council will SCHEDULE a PUBLIC HEARING in the Council
Chamber on November 15, 1989, from 4:00 - 8:00 PM., at which time citizens may
speak to their concern (limit: 3 minutes each) relative City Council's
appointments to the School Board; and, a second PUBLIC HEARINC will be
SCHEDULED in the Council Chamber on November 30, 1989, from 4:00 - 8:00 PM, to
interview candidates who have filed their resumes in the Talent Bank indicating
their interest in appointment to the School Board. It shall be stated in the
PUBLIC NOTICE all three members whose terms expire December Thirty-first are
eligible for reappointment. All citizens and candidates should register with
the City Clerk prior to the respective hearings to be advised of a specific
time.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITENI # 31947
Councilman Balko distributed a proposed Resolution requesting Congress to allow
localities to participate in the proceeds seized through drug investigations
with Federal Agencies. Councilman Balko requested this item be ADDED ON to New
Business.
ITEM # 31948
Councilman Perry referenced the obstruction caused by the "Jersey Barriers" on
Northampton Boulevard. Councilman Perry requested these be low enough to enable
all drivers clear visibility. Individuals in compact cars have an especially
difficult time with visibility.
TTE@l # 31949
Councilman Perry advised the problem of the overgrowth of weeds in Newsome
Farms has not been corrected. Councilman Perry believed this was City property
as the City has a pumping station there.
ITEM # 31950
Councilman Perry referenced a stagnant water problem in Newsome Farms which
remains two and three weeks at a time.
ITEM # 31951
Councilman Sessoms advised the Audobon Society is sponsoring a tour of Stumpy
Lake on Saturday, November 4, 1989, at 9:30 A.M. Councilman Sessoms extended an
invitation to all Members of City Council.
ITEM # 31952
Councilman Moss referenced the Courthouse Elementary School. The City Council
has repeatedly requested the Virginia Beach City School Board or
representatives of that board to discuss this issue. Councilman Moss advised a
satisfactory answer has not been received. The same reports are repeatedly
forwarded and these do not respond to the issue. A sign is now in place at
Courthouse Elementary School denoting: "The Administration Annex".
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31953
Councilwoman Henley referenced the Growth Management Meeting on Thursday,
October 26, 1989, and an article in the newspaper which alluded to a
misunderstanding. It appears the root of the problem was the impression the
Planning Commission had of a DEADLINE for a DRAFT submittal of the
COMPREHENSIVE PLAN. The Planning Commission labored under the assumption they
would have to develop a PLAN under what they knew to be the enabling
legislation at the time which, of course, precluded any consideration and
possibility of TRANSFER OF DEVELOPMENT RIGHTS.
In order for the Planning Commission and staff to give full consideration to
the consultant's endeavors, the City would not be able to deliver a DRAFT plan
in December 1989. If the City Council should decide not to go to the General
Assembly and request enabling legislation then the Planning Commission and
staff might proceed at that point.
Councilwoman VcClanan advised the COMPREHENSIVE PLAN was ADOPTED in 1985. Only
the downzoning and amendment to the COMPREHENSIVE PLAN occurred in July 1986.
The Planning Commission is designated as the body to present recommendations to
City Council upon which the Council then takes action.
Councilwoman Henley requested Acting City Attorney Kevin Cosgrove inform City
Council the date the COMPREHENSIVE PLAN must be legally updated.
Councilman Ba un advised the Planning Department needs to incorporate
agricultural problems including the econornic base.
Councilwoman Henley advised the Advisory Committee has been working for many
months and were assembled to present their subcommittee reports only to be
informed of an entirely different plan well on its way to recommendation. The
data generated from all these studies Is needed by the Planning Department.
Councilman Moss requested the City Clerk review actions of City Council to
determine if a specitic deadline for the COMPREHENSIVE PLAN had been required.
- 5 -
ITEM # 31954
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Con f ere nce Room, City Hall Bui Id ing, on
Monday, October 30, 1989, at 1:18 P.M.
Council Members Present:
Albert W. Balko, John A. Bau-n, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy
K. Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
None
- 6 -
ITEM # 31955
Mayor Meyera E. Oberndorf entertained a motion to per-mit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the fol lowing purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, discipl ining, or resignation of specif ic
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) City Attorney appointment. (2) Community Services Board.
(3) Salaries of City Council appointees.
Upon motion by Oouncilman Moss, seconded by Councilman Sessoms, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Nbyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
VIRGINIA BEACH CITY COUNCIL
October 30, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal 1 Bui Iding, on Monday,
October 30, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Lewis H. Morgan
Community United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item IV-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 31956
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
On I y pub l ic bus l ness matters lawf uII y exempted from
Open Meeting req ui rements by Virginia law were
discussed i n Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Nbss, Nbyor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C<)uncil Members Voting Nay:
None
Council Members Absent:
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law'.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates
for employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1). (1) City Attorney appointment. (2) Community
Services Board. (3) Salaries of City Council appointees.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
CMC/AAE
City Clerk
9
Item IV-E.I.
MINUTES ITEM 31957
Upon motion by Vlce Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of October 23,
1989, and RECONVENED SESSIONS of October 24 and 25, 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Oouncil Members Voting Nay:
None
Council Members Absent:
None
October 30 1989
- 10 -
Item IV-D.I.
RESOLUTION ITFIL # 31958
ADD-ON
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Baum for City
Council to ADOPT a Resolution appointing Leslie L. Lilley as City Attorney for
the City of Virginia Beach, Virginia.
A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Councilman
Moss to ADOPT a Resolution continuing the appointment of an Acting City
Attorney and designating Leslie L. Lilley effective 10/31/89 to 11/30/89.
Voting: 5-6 (MOTION LOST TO A NECATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
None
Item IV-D.I.
RESOLUTION ITEM # 31958 (Continued)
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
A Resolution appointing Leslie L. Lilley as City
Attorney for the City of Virginia Beach, Virginia.
(Effective October 31, 1989)
Voting: 6-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLm, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M. Henley, Reba S. McCianan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker*
Council Members Absent;
None
Councilwoman Parker cited her reasons for ABSTENTION as she felt it difficult
to make an appointment after only a one hour Interview. One of the Oouncil
Members was able to attend only one of the interviews due to previous business
commitments. Two of the other Council Members could only attend a portion of
the Interviews due to personal and unforeseen business obligations.
Councilwoman Parker did not feel comfortable or knowledgeable enough concerning
the remaining candidates.
Councilman Moss ABSTAINED tor the same reasons so well articulated by
Councilwoman Parker.
*Verbal Abstention
RESOLUTION APPOINTING LESLIE L. LILLEY
CITY ATTORNEY FOR THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREaS, City Council has received a consultant's
report evaluating various candidates for the position of City
attorney; and
WHEREAS, City Council has conducted interviews with the
candidates and has thoroughly reviewed and discussed each of
them.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That effective October 31, 1989, Leslie L. Lilley is
hereby appointed as City attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 30 day of October 1989.
KJC/clb
10/30/89
CA-3522
CA.RES
- 12 -
Item IV-F.l.
PUBLIC HEARING
PLANNING ITEM # 31959
%yor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) TIDEWATER WESTMINSTER HOMES, INC. CONDITIONAL USE PERMIT
(b) DEFORD, LTD. CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
(c) RANDOLPH AND SPENCER SAVAGE CONDITIONAL USE PEF;NIT
(d) RICHARD GIORDANO AND DAVID MITCHELL CONDITONAL USE PERMIT
T/A QUALITY AUTO CLINIC
(e) AT ASSOCIATES, A VIRGINIA GENERAL CONDITIONAL USE PERMIT
PARTNERSHIP
(f) EAST COAST OIL CORP. CONDITIONAL USE PERMIT
(g) VIRGINIA METRONET, INC. CONDITIONAL USE PEF;NIT
(h) MARSHALL'S HOTEL, INC. CONDITIONAL USE PERMIT
- 13 -
Item IV-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 31960
The City Clerk referenced telephone conversation with Dr. Sam W. Ray, Jr.,
Chairman - Board of Trustees Tidewater Westminster Homes, Inc., who advised
HUD had DENIED the application for apartments for the elderly. HUD cited a
B-2 denial (heavily saturated). Dr. Ray Is therefore requesting this
application be WITHDRAWN.
William D. CArr, Tidewater Westminster Homes, Phone: 466-0052, represented Dr.
Ray, requested the application be WITHDRAWN.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application for TIDEWATER WESTMINSTER
HOMES, INC. for a Conditional Use Permit for apartments for the elderly.
ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER
HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR
APARTMENTS FOR THE ELDERLY
Ordinance upon application of Tidewater Westminster
Hornes, Inc., for a Conditional Use Permit for
apartments for the elderly on Lot 20, Block R,
Aragona Village. Said parcel is located at 709
Aragona Boulevard and contains 1.43 acres. BAYSIDE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLxn, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Oouncil Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 14 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 31961
Ray W. King., Post Oftice Box 3747, Norfolk 23514, Phone: 625-1214.
Upon motion by Counci Iman Moss, seconded by Counci lman Heischober, City Counci I
ADOPTED Ordinances upon application of DEFORD, LTD., for a Change of Zoning and
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DEFORD, LTD. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1
TO B-2 Z010891268
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of De Fo rd Ltd., has
applied for a Change of Zoning District
C I a s s I f i c a t i o n f r om I - 1 L 1 g h t I n d us t r i a I D i s t r i c t
to B-2 Community Business District on certain
property located at the northeast corner of Bonney
Road and South Kentucky Avenue. The parcel contains
2.717 acres. More detailed information is available
in the Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DEFORD, LTD. FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND
REPAIR R010891257
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DeFord Ltd., for a
Conditional Use Permit for motor vehicle sales and
repair on certain property located at the northeast
corner of Bonney Road and South Kentucky Avenue.
Said parcel contains 2.717 acres. More detailed
information Is available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
2. A ten-foot landscape buffer with parking lot
perimeter landscaping adjacent to Bonney Road and
South Kentucky Avenue.
3. As many trees as possible shall be saved by
complying with City's Landscaping Standards and
recc>mmendations of City Staff.
1 5
Item IV-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 31961 (Continued)
ThIs Ord ina nce sha II be effective upon the date ot adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirtieth of October, Nineteen Hundred and Eighty-nlne.
Voting: 11-0
Council Vembers Voting Aye:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 31962
Architect Charles R. Ansell, 933 First Colonial Road, #200, Phone: 422-8843,
represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of RANDOLPH AND SPENCER SAVAGE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RANDOLPH & SPENCER
SAVAGE FOR A CONDITIONAL USE PERMIT FOR AN OPEN
SPACE PROMOTION (AMENDMENT) R010891258
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA
Ordinance upon application of Randolph & Spencer
Savage for a Conditional Use Permit for an open
space promotion (amendment) at the southern
terrninus of Tranquil Court. The parcel is located
at 1701 Tranquil Court and contains 1.9 acres.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A plat depicting the approved change to the open
space easernent must be recorded.
2. The applicant must employ suitable measures to
stabilize highly erodible slopes to be disturbed by
the placement of the residence and to prevent soil
erosion.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, an the
Thirtieth of October, Nineteen Hund@ and Eighty-nine.
1 7
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 31962 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko," John A. Baun@, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 18 -
Item IV-F.I.d.
PUBLIC HEARING
PLANNING ITEM # 31963
Judge Constantine A. Spanoulis, 2832 South Lynnhaven Road, # 201, Phone: 486-
7880, represented the applicant
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of RICHARD GIORDANO and DAVID MITCHELL
T/A QUALITY AUTO CLINIC for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GIORDANO AND DAVID
MITCHELL, T/A Q(JALITY AUTO CLINIC FOR A CONDITIONAL
USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISFt4ENT
R010891259
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richard Giordano and
David Mitchell, t/a Quality Auto Clinic for a
Conditional Use Permit for an automobile repair
establishment at the southeast corner of Bonney
Road and Avenue E. The parcel is located at 3783
Bonney Road and contains 19,994 square feet. More
detailed information is available in the Department
of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Only vehicles awaiting parts and/or service may be
stored on the site outside of normal business
hours.
2. No outside repairs or storage of automobile parts
will be allowed.
3. The 1989 pick-up truck with two flat tires in front
of Pro Shop shall be removed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirtieth of October, Nineteen Hundred and Eighty-nine.
- 19 -
Item IV-F.I.d.
PUBLIC HEARING
PLANNING ITEM # 31963 (Continued)
Voting: 11-0
Counci I Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item IV-F.I.e.
PUBLIC HEARING
PLANNING ITEM # 31964
Torn Barton, 3881 01 d She I I Road, Phone: 486-8886, 486-271 7, the app I 1 cant,
represented himself
Bruce W. Gallup, 315 First Colonial Rod, Phone: 428-8132, with Gallup
Engineering, developed the site and represented the applicant
Upon mot i on by Co unc i I man Ba I ko, second ed by 00 unc i I man Perry, Ci ty Go unc i I
ADOPTED an Ordinance upon application of AT ASSOCIATES, A VIRGINIA GENERAL
PARTNERSHIP for a C<)nditional Use Permit:
ORDINANCE UPON APPLICATION OF AT ASSOCIATES FOR A
CONDITONAL USE PERMIT FOR AUTOMOBILE SALES AND AN
AUTOMOBILE REPAIR GARAGE RO]0891260
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AT Associates, a
Virginia General Partnership tor a COnditional Use
Permit for automobile sales and an autornobile
repair garage on certain property located at the
northeast corner of North Lynnhaven Road on Mustang
Trai I . The parcel contains 1.9 acres. More detal led
inforTnation is available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The 35-inch diameter elm tree and the 48-inch
diameter pecan tree shall be retained. The City
Arborist will determine the amount of green area
that shall remain to support these trees. The
applicant has the option of retaining or removing
the 42-inch diameter oak tree.
2. Property lines shall be vacated to incorporate this
parcel into the larger Beach Ford site.
3. Landscaping is required along North Lynnhaven Road
and Mustang Trail. The landscaping is to be an
extension of the existing landscaping along North
Lynnhaven Road on the Beach Ford site.
4. A sprinkler system is to be installed.
5. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of October, Nlneteen Hundred and Eighty-nine.
- 21 -
Item IV-F.I.e
PUBLIC HEARING
PLANNING ITEM # 31964 (Continued)
Voting: 10-0
Co unc i I Mem bers Vot i ng Aye:
Albert W. Balko, John A. Baun, Vice Vayor Robert E.
Fentress, Barbara M. Henley, Reba S. NtClanan, John
D. Moss, Mayor Veyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council @mbers Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED as the Ford Wtor Company owns 26% of MAZDA and
MAZDA makes the Ford Probe wh i ch Mr. Barton se I Is.
- 22 -
Item IV-F.l.f
PUBLIC HEARING
PLANNING ITEM # 31965
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant, and referenced letter from Leigh Carper, Assistant Director of
First Colonial Inn, in support of the application. Said letter is hereby made
a part of the record. This application will generate a payroll of
approximately $130,000 per year with six (6) new jobs and over $22,000 in
taxes levied. Attorney Cromwell advised copies of letters from Chesterfield
Station and Reverend Stallings of the First Colonial Baptist Church
endorsing the project had been forward to Members of City Council.
B. H. "Pat" Bridges, architect, displayed the landscape plan
The following spoke in OPPOSITION:
Attorney Barry Koch, 2508 Pacific Avenue, Phone: 428-8621, represented Drs.
Visser, McQuire and Martin, and advised the application is a gas station and
is not compatible with the other uses of the land which is
medical/residential.
Dr. Roger Visser, 505 Wilder Road, Phone: 428-8597
Andrew W. Lester, 1641 Wright Lane, Phone: 425-6518, President of the Laurel
Manor Civic League. Andrew Lester cited the two reasons for OPPOSITION:
Traffic congestion is a serious problem at this intersection and the
environmental impacts on the Laurel Manor community.
Colonel Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, advised he had
reversed his position from "No Position" to "Opposition". The City Clerk
distributed copies of Colonel Engesser's request for the preparation of a
Resolution.
A MOTION was made by Councilman Balko, seconded by Councilman Perry to ADOPT an
Ordinance upon application of EAST COAST OIL CORPORATION for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF EAST COAST OIL
CORPORATION FOR A CONDITIONAL USE PERMIT FOR
GASOLINE SALES
Ordinance upon application of East Coast Oil
Corporation for a Conditional Use Permit for
gasoline sales in conjunction with a convenience
store on certain property located at the southwest
corner of First Colonial Road and Chantilly Court.
Said parcel contains 1.129 acres. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
- 23 -
Item IV-F.I.f
PUBLIC HEARING
PLANNING ITEM # 31965 (Continued)
Voting-. 5-5 (MOTION LOST TO A TIE VOTE)
Counci I Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Nbyor Meyera E. Oberndorf and Nancy K. Parker
Council Wmbers Abstaining:
Vice Mayor Robert E. Fentress
Council Members Absent:
None
Vice Nbyor Fentress ABSTAINEDas he had a personal conflict with Dr. Visser.
- 24 -
Item IV-F.I.g
PUBLIC HEARING
PLANNING ITDM # 31966
Attorney Glenn W. Hampton, of the Law Firm McGuire, Woods, Battle and Booth,
9000 World Trace Center, Norfolk, Phone: 627-7677
The following registered in SUPPORT of the application but did not speak:
Robert H. Sage, 664 Copper Kettle Drive, Phone: 424-8015
Arliss Elliot, 9141 Allman, Lenexa, Kansas, Phone: (913) 888-2985
Bud Baxter, 4475 Lee Avenue, Phone: 460-2071
Steve Barbee, 495 Century Court, Phone: 473-9600
Frank Guido, 908 Rio Bravo Bend, Phone: 426-7856
Tom Graaf, 8725 Higgins Road, Chicago, Illinois
OPPOSITION:
Captain L. K. Fenlon, 2224 Scallop Road, Phone: 481-2501, Chairman of the Great
Neck Association of Civic Leagues
Councilwoman Henley referenced the City Manager's letter of October 26, 1989,
relative the formation of a group to address issues related to cominunication
towers.
Upon motion by Councilman Balko, seconded by Councilwoman Henley, City Council
DEFERRED INDEFINITELY the Ordinance upon application of VIRGINIA METRONET, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA METRONET,
INC. FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER ON CERTAIN PROPERTY
Ordinance upon application of Virginia Metronet,
Inc. for a Conditional Use Permit for a
communication tower on certain property located on
the south side of Mill Dam Road, 800 feet east of
North Great Neck Road. The parcel contains 21,780
square feet. More detailed information is available
in the Department of Planning. LYNNHAVEN BOROUGH.
This DEFERRAL will enable recommendations of the City Manager derived from the
group coordinated by the Deputy City Manager and composed of representatives of
the communications industry, Board of Realtors and City Staff. This group will
address issues such as siting and joint usage of facilities related to
Commi,nication Towers.
- 25 -
Item IV-F.I.g
PUBLIC HEARING
PLANNING ITEM # 31966 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baixn, Vice Nbyor Robert E.
Fentress, Harold Heischober, Barbara M. Fienley, Reba
S. McClanan, John D. Moss, Nbyor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
C<)uncil Members Absent;
None
- 26 -
Item IV-F.l.h.
PUBLIC HEARING
PLANNING ITEM # 31967
John Rogers, Post Office Box 567, Phone: 422-6000, the applicant. John Rogers
initially requested a DEFERRAL as he was in the process of negotiating
contracts on the sale of two of the oceanfront lots. John Rogers requested
City Council ALLOW WITHDRAWAL of this application if DEFERRAL was not
appropriate.
The following registered in OPPOSITION:
Senator Moody "Sonny" Stallings, 3330 Pacific Avenue, represented the North
End Civic League
Robert L. Stein, 226 66th Street, Phone: 428-8970,
James Thurman, 205 66th Street, Phone: 422-9428
John J. Pugh, 6612 Oceanfront Avenue, Phone: 425-6090, represented the North
Virginia Beach Civic League and presented petitions in OPPOSITION. Said
petitions are hereby made a part of the record.
James Kaiser, 7490 Oceanfront, Phone: 425-1981, WAIVED the right to speak.
Letters in OPPOSITION to the application are hereby made a part of the record.
Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council
DENIED an Ordinance upon application of MARSHALL'S HOTEL, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MARSHALL'S HOTEL,
INC. FOR A CONDITTONAL USE PERMIT FOR A
RECREATTONAL FACILITY OF AN OUTDOOR NATURE
(CABANAS)
Ordinance upon application of Marshall's Hotel,
Inc., for a Conditional Use Permit for a
recreational facility of an outdoor nature
(cabanas) at 66th Street and Oceanfront on Lots 3,
4, 5, 6 and 8, Block 15, Cape Henry. Said parcel
contains 29,620.8 square feet. LYNNHAVEN BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Ileischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
None
Councilman Sessoms ABSTAINED as his bank holds the Deed of Trust on this
property.
- 27 -
Item IV-G.l.
RESOLUTIONS ITEM # 31968
Upon motion by Counci [woman Parker, seconded by Counci lman Moss, City Counci I
ADOFrED:
Resolution approving the Issuance of Industrial
Development Revenue Refunding Bonds for Trigon
Industries, Inc. ($2,505,377.00)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. BaLim, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. VcClanan, John D. Moss, Meyor Veyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Nbmbers Voting Nay:
John L. Perry
Council Members Absent:
None
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOP REVENUE REFUNDING BONDS
FOR TRIGON INDUSTRIES, INC.-
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application and plan of
financing of Trigon Industries, Inc. (the Company) for the
issuance of the Authority's industrial development revenue
refunding bonds in an amount of Two Million Five Hundred Five
Thousand Three Hundred Seventy Seven and 00/100 Dollars
($2,505,377.00) (the Refunding Bonds) to assist in the financing
of the Company's acquisition, of a manufacturing facility (the
Facility) to be located at 1501 Harpers Road in the City of
Virginia Beach, VA, by refunding in part the Five Million and
00/100 Dollars ($5,000,000.00) City of Virginia Beach Development
Authority Revenue Bonds (Airco, Inc. Project), series 1979, dated
August 1, 1979, and has held a public hearing thereon on October
10, 1989; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Refunding Bonds to comply with Section 147(f) of
the Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia,
1959, as amended, a copy of the Authority's resolution approving
the issuance of the Refunding Bonds, subject to terms to be
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, have been filed with the
Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Refunding Bonds by the City of
Virginia Beach Development Authority for the benefit of Trigon
Industries, Inc., to the extent of and as required by Section
147(f) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Refunding Bonds, as
required by Section 147(f), does not constitute an endorsement of
the bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Refunding Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Refunding Bonds or the
interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the City
of Virginia Beach, Virginia, on October 30, 1989 -, 1989.
CITY OF VIRGINIA BEACH, VIRGINIA
By:
2
SUMMARY BRECT
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORZTY
INDUSTRIAL DEVELOPMBNT REVENUE OOND
1. PROJECT NAME: Trigon Industries, Inc.
2 . LOCATION: 1501 Harpers Road
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: Trigon will lease the facility to Controls
@orporation of America. which will manufacture
gas control devices.
Refunding
4. AMOUNT OP BOND ISSUE: 505,377.00____
5. PRINCIPALS: Sander G. Dukas
Robert D. DeVenio
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property -2
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
PTSCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: 8/10/89
TO: TIIE CITY COUNCIL OF VIRCINIA NEACH, VIRGINIA
PROJECT NAME: Trigon Industries, Inc.
TYPE OF FACILITY: Manufacturer of gas control devices
1. Maximum amount of financing sought $ 2,505,377 .00
2. Estimated taxabj.(? value of th,,- facility's
real property to be conctruct(--d i.n the
municipality $ N/A
3. Estimated real prop@rty tax per year
LISing present tax rates $ 27,000.00
4. Estimated personal property tax per
y(-ar usinq present tax rates $ 20,000.00
5. rstimated mercliant.@' capital (htisiness
I.icense) tax per year usinq present tax
rates $
6. r.,stimated (Iollar value per year of goods
and services that will bc, purchased
locally $299 51SS.OO
7. Estimated number of regular etnployees on
year round basis $134
8. Average annual salary per employee $21,000.00
The information containecl in this Statement is based solely
on facts an(I estimates provicled by th(-- Applicant, and tlie-
Autliority has itiide no intlepen(lent in@estigation with repect
thereto.
City of Virginia Beach
Development Authority
By
C
LPconomic Impact s@a M.-
1. Amount of Investment lk
2. Asoutit of liodustrial reveslue boild flooncing
2,505,377.00
souglit
3. Estimated taxable value of tlle facility's
ieal i,tolietty to be cosistructed iis tile City
of Vilglitin Dencil N/A
lo. Fsilimated ieal iii(,I)etty tax lier year usilig
rreseiit tax rate 27,000.00
5. Estitcated persotial property tax
l@@coilotnic lini,act slatesi,eilt demoiistratlitt ilie
overall returit to ttie city:
A. fluitiber of iiew jobe ossible
u. rayroll geiserated ' 51.6 000.00 Av. Wage t2 annually
C. lluiiiber of jubs retnitied 114
i). riyroii relaitied $ 2,81/i,ooo.00 Av. Wage $21,000.00
E. Estimate of Llie value of. goods &tid services 1-urclisted
witlilis tl.e geogral@lilc bouiidery of Virglitis Descit by
tylle (lioveiitory, otaclilioity, litofeseloital services,
Iiisuratice. motor velileles, etc.);
Tyl)e Value
Motor Veiiicles $.554.00
Professiotial Services $133,1/iO.00
Inventory $165,822,00
2",516.00
A
Reti,
loaf
Estinottd construction Payroll
construction PAterial
Estinsttd V&Iut *1
to be purcliared wittlist tlie Clty of
Virglitin neacit
linitc-d tiumber of colistruction Job$
i - Ai-y otlier itetes %,Iiicli tlie applicol't feels
ti,e AULlIOEitY sliould be made allage of in
evaluatitig Llie project
7. is Lite site curreittly zoited for ttie specific use bei"B Zoned
proposed for itidustrial revenue, bond financing? x
Yem-
Ilo-
8. lias a boiid purclisse agreementl@ommiteetit been accepted by
tlie al,plicatit? (attacli a coPY) yes x NO
9. Will Llie boitd fitiaticisig clog e witllill 90 days f ton tlie
daLe of adoptioti of tlie ltiduceselit retolution? Yes-
140- Unknown
10. LocaLlon of project (nttacii location map) 1501 Harpers Road
Virginia Beach, Virg
11. I,*,xi,lailitioii of iltetiialive flitaticitig tliat lins beeti
teviewed for project-
I hereby certify that to the beet of my knowledge, the
information provided in the above Economic Impact Statement is
accurate and true in all respects.
TRIGON INDUSTRIES, INC.
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing document wqas acknowledged before me this /0
day of August, 1989, by Robert D. DeVenio, Secretary of Trigon
Industries, Inc., on behalf of the corporation.
@j @ /cI/t@
'Notary lic
My commission expires:
@ @ - 0 3 - @o
^.NAAV.VW'4rW s@ov
Fl
Project I
tion
30-
c.n
Trigon Industries, Inc.
1501 Harpers Road
Virginia Beach, Virginia 23454
Manufacturing Facility
- 28 -
Item IV-G.2.
RESOLUTIONS ITEM # 31969
Upon motion by Councilman Perry, seconded by Councilman Baum City Council
ADOPTED:
Resolution authorizing the enlargement of the
Nonconforming Use and structure at 4060 Mason
Street, property of LOUISE LAND (BAYSIDE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION AUTHORIZING THE ENLARGEMENT
2 OF THE NONCONFORMING USE AND STRUCTURE
3 LOCATED AT 4060 MASON STREET
4 PROPERTY OF LOUISE LAND
5 WHEREAS, Louise Land (hereinafter the "Applicant") desires
6 to replace an existing deteriorated mobile home with a double wide
7 mobile home, as shown on that certain drawing attached hereto and
8 made a part hereof as Exhibit "A;" and
9 WHEREAS, the present use does not conform to the provisions
10 of the City Zoning Ordinance because mobile homes are not permitted
11 in the R-15 Residential District; and
12 WHEREAS, pursuant to Section 105(d) of the City Zoning
13 Ordinance, City Council may authorize the enlargement or extension
14 of a nonconforming use if Council finds that the use as enlarged
15 or extended is equally appropriate or more appropriate to the
16 zoning district than is the existing nonconformity.
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That City Council hereby finds the enlargement or extension
20 of the nonconforming mobile home located at 4060 Mason Street,
21 Virginia Beach, Virginia, as shown on the attached Exhibit "A," is
22 equally appropriate or more appropriate to the zoning district in
23 which it is located than is the existing nonconformity; and the
24 City Council hereby authorizes the extension of the nonconforming
25 use in the manner shown on the attached Exhibit "A,ll provided
26 extension of the use complies with all building, site plan and
27 other requirements of the City of Virginia Beach.
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on October 30, 1989
APPROVED AS To CONTENTS
30 RP/ccm
31 10/19/89
32 CA-3509
33 \ordin\noncode\land.ncu
DEF,I,RTT
APPROVED AS TO FORM
- 29 -
Item IV-H.I.
CONSENT AGENDA ITEM # 31970
Upon motion by Councilman Heiscliober, seconded by Vice Mayor Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 b and c, 6 7, 8, 9, 10 and
11 of the CONSENT AGENDA.
Item 5a. was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress," Harold Heischober, Barbara M. flenley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
Councilwoman McClanan voted a VERBAL NAY on Item 5.b.
(Ordinance to Amend and Reordain the Code of the City
of Virginia Beach, Virginia: Sections 15-1, 15-5 and
15-6 re hotels, campsites and similar establishments.)
Council Members Absent:
John L. Perry
"Verbal Aye
- 30 -
Item IV-H.I.
CONSENT AGENDA TTEM # 31971
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution supporting Virginia Beach Garden Club's
application to the Common Wealth Award Committee of
the Garden Club of Virginia for a grant to fund the
"Marsh Walk" at the Virginia Beach Marine Science
Museum.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
WHEREAS, the V@gi@a Beach GoAden Ctub @ed 6unct6 6ot and continues
to main;tain the mauh mtk at the ViiLginia MoAine @ence Mu,6eum 6ot the
education and enjoyment o@ the Mu,6eum',s many vi,6itou; and
WHEREAS, the ViAginia Beach GoAden Ctub iz committed to the co@nued
beaut,i6icat-ion oi the City o6 V4Agi@a Beach thLough education, ptesetvation,
con6eAvation, o-nd ho@cuttuae; and
WHEREAS, the @zen-6 o6 Vitginia Beach, @ weU o-6 vi6itou 6,tom the
,state and nation, have bene@ed 6,tom the e66o@ o6 the ViAginia Beach GcrAden
Ctub; and
WHEREAS, V@gi@a Beach, with it6 6avotabte seaside c&nate suppo@ a
g,teat voaiety o6 ptant specim native to the Commonweatth o6 Vitginia; and
WHEREAS, the VitgirLia Beach GaAden Ctub @ ptanning a new ptoject at the
Ma,Line @ence Mu6eum to inctude a "goaden spot" o6 native meadow ptants in
the,a natuaat @ate and enviitonment with appilop)tiate Eabets 6ot the education
o6 the pubtic;
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF VIRGINIA
BEACH .6uppo@ the V@inia Beach Gatden Ctub',s appP-ication to the Common
Weatth AwoAd Committee o6 the Gatden CZub o6 ViAginia 6ot a gaant to o-6,s@t
in the 6unding 6ot this pvloject; and
BE IT FURTHER RESOLVED that the V@ginia Beach C-ity Councit exp)Le,6,5e,6
its appteciation jot the co@nued e66o@ o6 the V@ginia Beach GaAden Ctub
6o,t the bene6it oi the @ze" o6 V@ginia Beach.
Adopted by the Councit o6 the City oi V@ginia Beach thi,6 30th day o6 OctobeA,
Nine,teen HundAed Eighty-Nine.
MayoiL
- 31 -
Item IV-H.2.
CONSENT AGENDA ITEM # 31972
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution requesting the Virginia Department of
Transportation designate the Southeastern
Expressway as Route 58 (or Route 58 Bypass) in the
Cities of Chesapeake and Virginia Beach.
Councilman Heischober advised he had suggested the City's General Assembly
Delegation be contacted. The City's Senior Senator and Senior Delegate foresaw
no problem with this Resolution and would support same.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress," Harold Heischober, Barbara M. Henley,"
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
"Verbal Aye
RESOLUTION REQUESTING THAT THE VIRGINIA
DEPARTMENT OF TRANSPORTATION DESIGNATE THE
SOUTHEASTERN EXPRESSWAY AS ROUTE 58 (OR
ROUTE 58 BYPASS) IN CHESAPEAKE AND VA. BEACH.
WHEREAS, the 1989 Session of the Virginia General
Assembly designated special funding for Route 58 to establish
an improved east-west corridor across the southern portion of
Virginia; and
WHEREAS, Route 58 starts at the beach front in Virginia
Beach and is locally known as Virginia Beach Boulevard, which
provides access to local and regional shopping areas and also
many neighborhoods; and
WHEREAS, the Virginia Department of Transportation,
working in conjunction with the Cities of Virginia Beach and
Chesapeake, is in the process of planning for a limited
access highway from eastern Virginia Beach to western
Chesapeake to a location within several miles of present
Route 58 in western Chesapeake; and
WHEREAS, this highway has been referred to as the
Southeastern Expressway and is intended to provide an east-
west improved highway parallel to the existing Route 58.
THEREFORE, BE IT RESOLVED that the Council of the city
of Virginia Beach hereby requests that the highway currently
referred to as the Southeastern Expressway be designated as
Route 58 or Route 58 Bypass, and that the special funding
established for this Route 58 project be made available to
help expedite construction of this important facility.
ADOPTED, by the Council of the City of Virginia Beach,
Virginia, this 30 day of October 1989.
APPROVED:
Mayor
ATTEST:
Clerk of the Council
- 32 -
Item IV-H.3.
CONSENT AGENDA ITEM # 31973
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution approving Alignment D as the proposed
location of First Colonial Road/Oceana Boulevard
Project Phase III (CIP 2-833)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Nlayor Robert E.
Fentress," Harold Heischober, Barbara M. Henley,
Reba S. McClanan,* John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
"Verbal Aye
RESOLUTION
WHEREAS: A location Public Hearing was conducted on April
19, 1989, in the City of Virginia Beach by repr-esentatives of the
Commonwealth c)f Virginia Dep,.irtmerit of Transportation after due
and propl-r notice for the pui-pose of coyisidering the proposed
location of First Colonial Road/Oceana Boulevard Project UOOO--
134-119, PE, 101, in thF- City of Virginia Be,3cfi, at which hearing
aerial photographs, dr@iwings, ancl other pertinent iriformation
were made available fcr public itispectic)n in accor(Jance with
state and federal r-equif efnenls;
WHEREAS, All persons and parties in attc@ndance wer-e affordl-d
full opportunity to participate in said Public 1-iearing;
WHEREAS, Represertativr?s of the City of Virginia Beach were
pre,sent and participated ir) said Hearirig:
WHEREAS, tvie CDuncil Fiad previolisly rEquL-stL-d the Vii-ginia
Department of Iransportation to progr@im this project; and
WHEREAS, the COLincil consid(-red 311 sticti matters;
NOW THEREFORE, DE IT RESOLVE.D: That the Cokincil of the City
of Virgi-nia Be@ich hereby @appr-o,es the location and majol- design
features of the proposed project alig,iment de@,ignated as
Aligi@meiit D.
ADOPTED by tlie Cotincil of the City of Virginia Beach on the
30 day of October
1989.
- 33 -
Item IV-H.4.
CONSENT AGENDA ITEM # 31974
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution directing the Planning Commission to
consider and make its recommendation to the City
Council re official designation of the geographic
extent of those areas within the City of Virginia
Beach which shall be subject to the Chesapeake Bay
Preservation Area and management regulations.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
A RESOLUTION DIRECTING THE PLANNING COMMISSION TO
CONSIDER AND MAKE ITS RECOMMENDATION TO THE CITY
COUNCIL CONCERNING OFFICIAL DESIGNATION OF THE
GEOGRAPHIC EXTENT OF THOSE AREAS WITHIN THE CITY OF
VIRGINIABEACHWHICHSHALLBESUBJECTTOTHECHESAPEAKE
BAY PRESERVATION AREA DESIGNATION AND MANAGEMENT
REGULATIONS
WHEREAS, on September 20, 1989 the Chesapeake Bay Local Assistance
Board adopted and issued the final Chesapeake Bay Preservatlon Area
Designation and Management Regulations under the authority of Sections
10.1-2103 and 10.1-2107 of the Code of Virginia, and
WHEREAS, these regulations require the City of Virginia Beach to
deve I op meas ures necessary to comp I y w i th the Chesapeake Bay Preservat ton
Act and these regulations, and
WHEREAS, Sections 10.1-2108 and 10.1-2110 of the Code of Virginia
grant the City of Virginia Beach the authority to exercise their pollce
and zoning powers to protect the quality of state waters and to employ
these regulations outside the confines of the Chesapeake Bay watershed,
and
WHEREAS, the City of Virginla Beach Is geographically located such
that certain watersheds within the Clty are not physlcally located
within the confines of the Chesapeake Bay watershed, and
WHEREAS, the City Council Is of the opinion that the geographic
extent of those areas within the City of Virginia Beach which shall be
subject to these regulations requlres definitlve consideration and
official designation, and
WHEREAS, the geographic extent of those areas wlthin the City of
Virginia Beach which shall be subject to these regulatlons has not been
offictally considered by the Planning Commission, and
WHEREAS, the City Council desires the Planning Commission's
recommendation before It takes action on the official deslgnation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission is hereby directed to consider
and make its recommendation to City Council concerning the geographic
extent of those areas within the City of Vlrginia Beach which shall be
subject to the Chesapeake Bay Preservation Area Des lgnat Ion and Management
Regulations.
2. That the Planning Commission is directed to forward its
recommendation to the City Council within sixty (60) days of the date
of the adoption of this Resolution.
d by the Council of the City of Virginia Beach, Virginia on
the day of October, 1989.
- 34 -
Item IV-H.5.a.
CONSENT AGENDA ITEM # 31975
Captain Buzzy advised the article appearing in the newspaper was incorrect and
did not pertain to the designation for slow-no wake zones.
Upon motion by Councilman Balko, seconded by Councliman Moss, City Council
ADOPTED:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by adding
Section 6-112.1 pertaining to boating, skiing and
surfing.
Voting. 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
"Verbal Aye
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING SECTION
4 6-112.1, PERTAINING TO BOATING,
5 SKIING AND SURFING.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the Code of the City of Virginia Beach, Virginia, is
9 hereby amended and reordained by adding Section 6-112.1 to read as
10 follows:
11 Section 6-112.1. Designation of SLOW-NO WAKE zones.
12 (a) The director of public works is authorized to
13 designate areas in the waterways of the city as SLOW-NO WAKE
14 zones, and to mark such areas with appropriate signs or buoys;
15 provided that such designated areas shall be approved by the
16 Virginia Department of Game and Inland Fisheries.
17 (b) It shall be unlawful for the operator of any motor
18 boat proceeding in any area marked SLOW or SLOW-NO WAKE by signs
19 or buoys installed in accordance with this section to proceed at
20 a speed greater than necessary for safe navigation.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia on 30 day of October 1989.
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26 \ordin\proposed\06-112-l.pro
DEPARTMENT OF 7,UELI-- WORY.S
POLICY FOR ESTABLISHING "SLOW-NO WAKE" ZONES
PURPOSE:
The purpose of this policy is to set forth the guidelines
necessary to establish "SLO'4-NC- WAKE" zones within the City of
Virgi-nia Beach in accordance with section 6-112.1 of the City
Code.
APPLICABILITY:
This policy and procedure shall be applicable to all
waterways and tributaries which experience frequent motor boat
traffic and where police enfo.-cement is provided within the City
of Vi-rginia Beach, pursuant to State and Federal regulaticns.
POLICY:
Evaluation and determination of "SLOW-NO WAKE" zones shall-
be predicated on one or more of the following premises:
I. Where navigable waters exist, "SLOW-NO liAKE" zones may
be established when there is less than six hundred feet
(6001) between two shorelines. However, all waterways
of six hundred feet or less are not automatically
considered "SLOW-NO WAKE" zones.
ii. In areas where excessive boat speeds crealle damage to
the natural shoreline, piers, bulkheads, and moored or
docked watercraft, "SLOW-NO WAKE" zones may be
established.
iii. Where excessive boat speed and/or congestion levels
create unnecessary hazards to other boaters, "SLOW-NO
WAKE" zones ma@,- be established.
IV. The following areas are excluded from the abcve
referenced policies:
a. The Intercoastal Waterway; except, where a
specific hazard exists.
b. Areas with very linited boat traffic.
C. Area,s whi-ch are not considered navigable waters.
d. Areas where police enforcement is nonexistent.
I
This @olicy shall become effective immediately upon execution by
the Director of Public Work--.
Date:
C. Oral i,amtert, Jr.
Director --f Puhlic Works
dyj
- 35 -
Item IV-H.5.b.
CONSENT AGENDA ITEM # 31976
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, Sections 15-1,
15-5 and 15-6, pertaining to hotels and similar
establishments.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanani@i@
Council Members Absent:
John L. Perry
*Verbal Aye
*"Verbal Nay
A'@ TO CONTE.NTS
SIGNAkRE
DEPARTMENT
APPROVED A' T@) T.EGAL
SUFFICIENCY AND FORM
1 CITY ATTOPNEY AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 15-1, 15-5 AND 15-6 OF THE
3 CODE OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO HOTELS AND
5 SIMILAR ESTABLISHMENTS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Sections 15-1, 15-5 and 15-6 of the Code of the City of
9 Virginia Beach, Virginia,are hereby amended and reordained to read
10 as follows:
11 Section 15-1. Definitions.
12 The following words, when used in this chapter, shall have
13 the following meanings, respectively, except in cases where the
14 context clearly indicates a different meaning:
15 Rooming house; lodging house, motel,, hotel., Any house or place of more
16 than five (5) bedrooms wherein transient guests are fed or lodged
17 for compensation.
18 TOurist COurt.' Any place comprising more than f ive (5) separate
19 houses or cottages wherein transient guests are housed or fed for
20 compensation.
21 Transient guest One who puts up at a rooming house, lodging
22 house, tourist court, motel_ @ hotel, or campground.
23 Ca-PqrO-d.' Any area comprising more than five (5) designated
24 spaces where transient quests, for comipensation, are provided
25 st)ace to erect tents for shelter or remain overnight in
26 recreational vehicles.
27 Section 15-5. Guest register generally.
28 (a) Every person conducting any rooming house, lodging
29 house, tourist court, motel or hotel in the city, where rooms are
30 let, or any camdground where camping spaces are provided, shall at
31 all times keep and maintain therein a guest register, in which
32 shall be inscribed, with ink or indelible pencil, the name and
33 home address of each guest or person renting or occupying a room
34 or camping space therein, as well as the quest's vehicle
3 5 description and license Plate information. Such register shall be
36 signed by the person renting a room, or camping st)ace, or by
37 someone signing by his authority @ @The proprietor of such
38 lodging house, rooming house, tourist court, motel_ Gr hotel or
39 campcrround, or his agent, shall thereupon write, with ink or
40 indelible pencil opposite such name so registered, the number of
41 each room or cainving space assigned to and occupied by such guest,
42 together with the date when such room or camping space is rented.
43 Until all of the aforesaid entries have been made in such
44 register, no guest shall be suffered or permitted to occupy
45 privately any room in such lodging house, rooming house, tourist
46 court, motel or hotel. When the occupant of a room or camping
47 space so rented shall vacate and surrender the same, it shall be
48 the further duty of the proprietor of the rooming house, lodging
49 house, tourist court, motel_ @ hotel or campground, or his agent,
50 to maintain for one year, a record of the date when such room or
51 camping space was vacated and surrendered.
52 (b) The register required by this section shall be subject
53 to inspection at any and all reasonable times by the chief of
54 police or by any police officer in the performance of his duties.
55 (c) The guest vehicle Parking area of every rooming house,
56 lodging house, tourist court, motel, hotel and campground shall be
57 accessible at all times to any ipublic safety officer in the
58 performance of his duties.
59 Section 15.6. Fal8e registration by guests.
60 It shall be unlawful for any person to write, or cause to be
61 written, or knowingly permit to be written, in any guest register
62 in any rooming house, lodging house, tourist cour-1,
63 hotel or campground in the city, any other or different name or
64 designation than the true name of the person registered therein,
65 or the name by which such person is generally known, or to enter
66 false information regarding any vehicle.
2
67 Adopted by the Council of the City of Virginia Beach,
30 October
68 Virginia on the - day of , 1989.
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71 CA-03445
72 \ordin\proposed\15-00letc.pro
3
- 36 -
Item IV-H.5.c.
CONSENT AGENDA ITEIM # 31977
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, Section 23-22,
pertaining to public profanity and drunkenness.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
APPROVED AS TO CONTE@4T5
APPROVED AS TO LEGAL
N ORDINANCE TO AMEND AND
EORDAIN SECTION 23-22 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 PUBLIC PROPANITY AND
6 DRUNKENNESS.
7 BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-22 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follo,s:
11 Section 23-22. Public profanity and drunkenness; transportation
12 of public inebriates to detoxification center.
13 If any person prefane4:y etir5e5 ef swear5 er be drunk in
14 public, he shall be deemed guilty of a Class 4 misdemeanor. In
15 any area in which there is located a court-approved detoxification
16 center, the judge of the general district court may, by written
17 order, authorize the transportation, by police or otherwise, of
18 public inebriates to such detoxification center; provided,
19 however, that no person shall be involuntarily detained in such
20 center.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia on 30 day of October 1989.
23 WEB/ccm
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25 CA-03504
26 \ordin\proposed\23-22.pro
- 37 -
Item IV-H.6.
CONSENT AGENDA ITEM # 31978
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to sell SURPLUS PROPERTY previously
purchased for Project 2-980 Seatack Streets - Phase
IIA and to credit the proceeds to the Project
Account.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
1 AN ORDINANCE TO SELL SURPLUS PROPERTY PREVIOUSLY
2 PURCHASED FOR PROJECT 2-980 SEATACK STREETS - PHASE IIA
3 AND TO CREDIT THE PROCEEDS TO THE PROJECT ACCOUNT
4 WHEREAS, the City of Virginia Beach, Virginia purchased the property
5 located at 1087 Longstreet Avenue as part of capital project 2-980 Seatack
6 Streets Phase - IIA;
7 WHEREAS, the entire property was not ultimately needed for the
8 realigrunent of Burford Avenue and the former property owner has petitioned the
9 city to purchase the remaining portion to add to his adjacent parcel;
10 WHEREAS, the purchase price on the property is $8,000 due to the fact
11 that the city will retain a small portion for right-of-way purposes;
12 WHEREAS, the proceeds of the sale will be applied as a credit to the
13 project account.
14 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA THAT, the property at 1087 Longstreet Avenue be declared
16 surplus property and the City Manager be authorized to enter into an agreement
17 for the sale of the property.
18 BE IT FURTHER ORDAINED that the $8,000 proceeds from the sale be
19 applied as a credit against the expenditures of project 2-980 Seatack Streets -
20 Phase IIA.
21 Adopted by the City Council of the City of Virginia Beach, Virginia,
22 on the 30 day of October 1 1989.
23 This ordinance shall be effective from the date of its adoption.
A three-fourths (3/4) vote of Council is required for adoption of
this Ordinance.
APPROVED AS TO
LEGAL SUFFICIENCY
IN THE MATTER OF DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME WHICH
PROPERTY IS LOCATED ON LONGSTREET AVENUE
IN VIRGINIA BEACH
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH
Your petitioners, Thomas F. Owens, Jr. and Sylvania Owens, by counsel,
respectfully represent as follows:
1. That the petitioners respectfully apply to the Mayor and City Council
of the City of Virginia Beach for an ordinance declaring the below described
property to be in excess of the needs of the City of Virginia Beach and to
authorize the City Manager to convey the property to the petitioners in the
manner the City Manager deems in the best interest of the City of Virginia Beach.
2. Tbat your petitioners own the parcel adjacent to the below described
property. That tbe parcel is needed to create a building site.
3. The property your petitioners are asking to be declared in excess of
the needs of the City so tbat they may purchase it is described as follows:
All that certain piece or parcel of land, situate, lying
and being in the City of Virginia Beach, State of
Virginia, formerly containing 5619 sq. ft., now
containing 5575 sq. ft. and designated and marked by
diagonal lines on that certain plat by Rouse-Sirine
Associates, Ltd., dated January 10, 1985, entitled
"Plat Showing Acquisition For Community Development
Project Phase 11 A (cip 2-980) Lynnhaven Borough-
Virainia Beach, Virginia", which plat is attached
hereto; same being all of the property acquired from
petitioners herein by the City of Virginia Beach by
deed dated December 1, 1988, save and except that
portion thereof being South of the line on said plat
marked "Prop. R/W."
4. That no inconvenience will result to any person by reason of the sale
of this property.
5. That the petitioners were the owners of the above described parcel
prior to acquisition of said property by the City of Virginia Beach.
Respectfully submitted,
THOMAS F. OWENS, JR. and
SYLVANIA OWENS
B
Frederick B. Lowe, Esquire
FREDERICK B. LOWE, INC.
3104 Arctic Avenue
Virginia Beach, Virginia 23451
(804) 425-5900
THIS DEED, Made this day of , 1989, by and between
the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, party of the first part and THOMAS F. OWENS, JR. and SYLVANIA
OWENS, husband and wife, parties of the second part whose mailing address is:
W I T N E S S E T H
That for and in consideration of the sum of Ten Dolars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknoweledged,
the party of the first part does hereby grant and convey with SPECIAL WARRANTY
unto the parties of the second part, as TENANTS BY THE ENTIRETIES WITH
RIGHT OF SURVIVORSHIP, the following described property, to-wit:
All that certain piece or parcel of land, situate, lying
and being in the City of Virginia Beacb, State of
Virginia, formerly containing 5619 sq. ft., now
containing 5575 sq. ft. and designated and marked by
diagonal lines on that certain plat by Rouse-Sirine
Associates, Ltd., dated January 10, 1985, entitled
"Plat Showing Acquisition For Community Development
Project Phase II A (cip 2-980) Lynnhaven Borough-
Virginia Beach, Virginia", which plat is attached
hereto; same being all of the property acquired from
petitioners herein by the City of Virginia Beach by
deed dated December 1, 1988, save and except that
portion thereof being South of the line on said plat
marked "Prop. R/W."
IT BEING a part of the property conveyed to the City
of Virginia Beach, a municipal corporation of the
Commonwealth of Virginia, by deed of Thomas F.
Owens, Jr. and Sylvania Owens, husband and wife,
and Linnie Belle Capps, also known as Linnie Bell
Coleman, widow, dated December 1, 1988, and
recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beacb, Virginia in Deed Book
2798 at page 997.
GPIN #2417 53 2910 0000
Page One of Two
This conveyance is made subject to any covenants, conditions, restrictions
and easements in the chain of title constituting constructive notice.
WITNESS the following signature and seal:
CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia
By
eal Estate Agent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me in the City and
State aforesaid, this day of , 1989, by
as agent fo the city of Virginia Beach.
Notary Publ c
My Commission Expires:
Approved:
DIRECTOR Of PUBLIC WORKS
?
@C,
ILARGE PIPI
R-10.00,
SENT I A. 08- 34'56"
PIN (F) A - i. 50'
.,2.5 7 li.70 c - 1. 50,
r;.o. 75'
c s 39- 3s, 10'
CONqTRucrioN CENTERL tNE
N 49- 17' 54" E
13URFORD (VARIABLE WIDTH R/w) AVENUE
PO.C,
Pi S'
NOTES:
All Property andlor Easernents Described Hefew i MERIDIAN SOURCE: BASED ON EXISTING SURVEY BASELINES
SHOWN ON CONSTRUCTION PLANSFOR SEATACKNEIGHBOR-
are to be Acquired by Deed. Hooo By McGAUGHY, IKARSHALL M@M ILLAN. (SHEET IOf 34)
2. PROPERTY LINE INFORMATION IS BASED ON PLATS, DEEDS
ir)dicares Perpetual Drainoge Eas"ent AND ACTUAL FIELD MEASUREMENrs.
3 THIS PLAT' (S INTENDED FOR ACQUISITION ONLY ANO DOES
lndicotes Property tobe Acquired NOT CONSTITUTE A 9OUNDARY SURVEY.
PLAT SHOWING ACQUISITION
PARCEL 363 FOR
PROPERTY OF: COMMUNITY DEVELOPMENT PROJECT
THOMAS F. OWENS, d F?. SYLVaNI,4 OWENS SEATACK NEIGHBORHOOD
REFERENCES: PHASE 1T A
I
0 D.B. 22iO, P 1884 (CIP 2 - 980)
u M@ B, 7 7, P 19 LYNNHAVEN BOROUGH-VIROINIA BEACH,VIRGINIA
I
@ 5619 so. FT SCALE: I 2 5' JANUARY 10,, 1985
AREA TO BE ACQUIRED:
D
PEF?PETUAL DRAIL@IAGE @EMENT: 0 SO. FT ROUSE - SIRINE ASSOCIATES, LTD.
- 38 -
Item IV-H.7.
CONSENT AGENDA ITEM # 31979
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $38,000 from within the FY
1989-1990 Operating Budget of Public Works for the
purchase of additional automated containers.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress," Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
1 AN ORDINANCE TO TRANSFER $38,000 FROM WITHIN THE FY 1989-1990
2 OPERATING BUDGET OF PUBLIC WORKS FOR THE PURCHASE OF
3 ADDITIONAL AUTOMATED CONTAINERS
4 WHER@, The automated collection system for Solid Waste has
5 substantially improved efficiency, productivity, aesthetics, and sanitation;
6 while reducing employee injury;
7 WHEREAS, there remains approximately 600 homes to be automated due
8 to new housing construction at an estimated cost of $38,000;
9 WHEREAS, $38,000 is available in the capital outlay accounts due to
10 savings on equipment costs;
11 WHEREAS, the purchase at this time will result in maintaining the
12 same quality of service in newly constructed housing developments.
13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that $38,000 be transferred from within the FY 1989-
15 1990 Public Works operating Budget for the acquisition of additional automated
16 containers.
17 Adopted by the City Council of the City of Virginia Beach, Virginia
18 on this day 30 of October 1 1989
19 This ordinance shall be effective from the day of its adoption.
- 39 -
Item IV-H.8.
CONSENT AGENDA ITEM # 31980
Upon motion by Councilman Heischober, seconded by Vice imayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $74,550 to Project 3-938
Human Resource Building renovation to repair the
parking lot.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoris,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
October 30, 1989
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $74,550 TO PROJECT 3-938 HUMAN RESOURCE
3 BUILDING RENOVATION TO REPAIR THE PARKING LOT
4 WHEREAS, the past winter with above-normal precipitation and freezing
5 weather has caused the parking lot in front of the Human Services Building to
6 deteriorate and expose failing babe material;
7 WHEREAS, to correct the problem, it is recommended that a geotextile
8 fabric be installed with two inches of asphalt overlay at a cost of $74,550;
9 WHEREAS, due to the unanticipated COBT, project funds are insufficient
10 to cover the cost of repairs;
11 WHEREAS, the amount needed may be transferred from project 3-905 Central
12 Library since this project is completed and has remaining funds which may be
13 used for the above purpose.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $74,550 are hereby transferred from project
17 3-905 Central Library to project 3-938 Human Resource Building Renovation to
is repair the parking lot.
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 30 day of October 1989.
pks
- 40 -
Item IV-H.9.
CONSENT AGENDA ITFIL # 31981
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $80,000 to Project 1-959
various schools roofing - Phase I to allow
immediate repairs to the roofs of First Colonial
and Kempsville High Schools.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan," John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
I AN ORDINANCE TO TRANSFER FUNDS OF $80,000 TO
2 PROJECT 1-959 VARIOUS SCHOOLS ROOFING-PHASE I
3 TO ALLOW IMMEDIATE REPAIRS TO THE ROOFS OF
4 FIRST COLONIAL AND KEMPSVILLE HIGH SCHOOLS
5 WHEREAS, the roofing above the "700 Hall" classrooms at both First
6 Colonial High School and Kempeville High School has deteriorated to the point
7 that maintenance procedures are not adequate and major repairs are needed
8 immediately;
9 WHEREAS, the Capital Improvement Program includes project 1-959 Various
10 SchoolB Roofing-Phase I but such project does not include roof repairs for First
11 Colonial and Kempsville High Schools;
12 WHEREAS, the scope of project 1-959 Various Schools Roofing-Phase I
13 should be revised to encompass the repairs for First Colonial and Kempsville
14 High Schools;
15 WHEREAS, the cost of roof replacement for both high schools is estimated
16 at $80,000, with the amount to be transferred from completed school projects.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That funds in the amount of $80,000 are hereby transferred as shown
20 below to provide roof repairb for First Colonial and Kempsville High Schools.
21 Transfer from:
22 Project 1-962 Parkway Elementary School $ 66,000
23 Project 1-972 Running TrackB-Conversion to Metric 14,000
24 Transfer to:
25 Project 1-959 Various Schools Roofing Repairs-Phase I $ 80,000
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the
28 30 day of October 1989.
APPROVED AS TC
LEGAL SUFFICIENCY,
- 41 -
Item IV-H.10.
CONSENT AGENDA ITEM # 31982
Upon notion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing tax refunds in the amount of
$762.40 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan,* John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
ORM NO. C.A. 7 10/2/89 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- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Carroll E & Peggy Neely 89 RE(1/2) 80990-8 12/2/88 91.50
Carroll E & Peggy Neely 89 RE(2/2) 80990-8 6/5/89 91.50
Edward B & Jean Snyder 89 RE(2/2) 104630-2 6/5/89 95.40
Eastland Inc 89 RE(1/2) 31566-5 11/30/88 37.70
Duval Federal 88 RE(1/2) 27350-4 12/3/87 34.45
Duval Federal 88 RE(2/2) 27350-4 5/9/88 34.45
Jacqueline Fuller N/A Pkng 279669 9/5/89 12.00
Total 397.00
This ordinance shall be effective from date of adoption.
The
$1@r
.@6batemewnt(s) totaling ied as to p
ere approved by
0 i
the Council of t4p City f @,rpoj@l..,
Beach on the---day of
n T. ktiinsort, T'reasurer
1980 Aplproved as to form:
Ruth Hodges Smith
2 City Clerk
Kevi Cgogrove
.Lnceg.-lity Attorney
10/11/89 EMC
FORM NO. C.A. 7
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 applicat.ions for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D:!e Penalty I nt. Total
Year of Tax Number tion No. P id
Providence Development Corp 89 RE(2/2) 90471-5 6/5/89 252.68
William E Wood Jr etals 88 RE(1/2) 119108-4 12/5/87 61.72
Belinda Gilbert N/A Pkng 287157 8/8/89 6.00
Brian G Finnegan N/A Pkng 260854 10/5/89 20.00
Ray Boetcher N/A Pkng 258405 8/31/89 25.00
Total 365.40
This ordinance shall be effective from date of adoption.
Thesigg!@obatement(s) totaling
ere approved by
the Council of the City of Virginia
BeeT@.sn the 30day of Oct7,)@er,-.
rer
A ved as to form:
Ruth Hodges Smith
City, Clerk
Kevi@
Inte _
- 42 -
Item IV-H.11.
CONSENT AGENDA ITEM # 31983
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
of $27,506.64 upon application of certain persons
and upon certification of the Commissioner of
Revenue for payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley,
Reba S. McClanan,* John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
FORM W. C... 0 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty Int. Total
Year Paid
Tidewater Jewelry Exchange Inc.
2728 N. Mall Drive #104 1987/89 Audit 10.94 10.94
Virginia Beach, VA 23452
TOC Retail Inc. 1988/89 Audit 462.02 462.02
T/A Tenneco Food Store
495 E. Semoran Building Road
Casselberry, FL 32707
Ilest Realty Inc. 1987/88 Audit 52.63 52.63
1912 Eastborne Drive
Virginia Beach, VA 23454
Certified as to Payment:
@ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Kev J. d@rove
Int Ci" Attorey@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5 2 5 . 5 9were approved by the Council
of the City of Virginia Beach on the 30 day of October 89
1 9
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
R. F. Knight Elect. Contr. Inc.
349 Southport Cir. #105 1989 5/2/89 557.24 557.24
Virginia Beach, VA 23452
Rita A. Meeks, M.D. Ltd. 1988/89 Audit 401.30 401.30
C/0 Mark Des Roches, CPA
1439 N. Great Neck Rd. #201A
Virginia Beach, VA 23454
Sternlicht, Ludwig M.D. 1986/87 Audit 55.09 55.09
T/A Cancer Specialists of Tidewater, Ltd.
1809 Colonial Medical Center #101
Virginia Beach, VA 23454
Certified as to Payment:
rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
Kevin J@lco,@et.. %-
interiiE City rney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling- $ 1 , 013 6 3were approved by the Council
30 October 89
of the City of Virginia Beach on the- day of 1 9 -
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Pioneer Financial Corp.
P. 0. Box C-9000 1987/88 Audit 315.05 315.05
Chester, VA 23831-9000
Po Folks 1988 12/13/88 225.00 225.00
T/A Po Folks, TID-01, 04
P. 0. Box 17406
Nashville, TN 37217
Ramnik Inc. 1988/89 Audit 63.79 63.79
T/A Maid Brigade
200 Glen Haven Drive
Suffolk, VA 23437
Certified as to Payment:
@bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@@l i dmm
Kevin d/ coqSSlve
Interim City Atto@-
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 6 n -1 - P 4 were approved by the Council
of the City of Virginia Beach on the 0 day of October 19 89
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 0 REV. M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Lever Brothers Co. 1986/88 1986/88 6 3 3. 05 6 3 3. 0 5
390 Park Avenue
New York City, NY 10022
Lydia Inc. 1988/89 Audit 106.18 106.18
T/A National Recruiters
Koger Executive Center
Bldg. 11, Ste. 111
Norfolk, VA 23502
Phillips, Robert E. & Howell, P. B.
T/A Ph@illips & Howell Custom Builders
248 Elon Court 1987/88 Audit 155.59 155.59
Virginia Beach, VA 23454
Certified as to Payment:
@en P. Vaughan
Commissioner of the Revenue
Approved as to form:
Kevilo- ver@
interim Ci@Aotto
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 89 4 . 82 were approved by the Council
of the City of Virginia Beach on the 30 day of October 19
Ruth Hodges Smith
City Clerk
F@. .0. C.A@ 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Julians Gourrnet Desserts Inc.
2984 S. Lynnhaven Rd.#116 1987/89 Audit 337.45 337.45
Virginia Beach, VA 23452
Just In Time Maid Service Inc.
69 Wells Court 1988/89 Audit 13.20 13.20
Hampton, VA 23666
Lee, Jong Back 1989 Audit 741.92 741.92
T/A Bayside Amoco
5037 Shore Drive
Virginia Beach, VA 23455
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Kevin os@ove
Interif,@l@IrAttorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 , n () 2 - 1; 7 were approved by the Council
30 October 89
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty Int. Total
NAME Year Paid
Genta, Laura S. 1989 4/18/89 30.00 30.00
933 Ditchley Road
Virginia Beach, VA 23451
Hermelin, Harvey S. 1989 4/11/89 180.00 180.00
T/A Hungry Harvey's
3208 Holland Road
Virginia Beach, VA 23452
Independence One Mortqage Corp.
300 Galleria Officentre
P. 0. Box 5076 1988 Audit 326.91 326.91
Southfield, MI 48086
Certified as to Payment:
@ert P. Vaughan
Commissioner of the v@e e
Approved as to form:
'Kevin @/lqosq e
interii< city tetorney@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S 9,36 .91 were approved by the Council
of the City of Virginia Beach on the 30 day of October '19 89
Ruth Hodges Smith
City Clerk
NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Evans & Wood P.C. 1988 Audit 316.84 316.84
115 S. Lynnhaven Road
Virgiiiia Beach, VA 23452
Gaines, R. Louise 1989 9/8/89 345.00 345.Oo
T/A Louise Gaines Alice In Wholesale
1016 Autumn Woods Lane #101
Virginia Beach, VA 23454
Galvante, Santiago S. 1988 Audit 86.00 86.00
T/A American mortgage Funding Service
1448 Round Hill Drive
Virginia Beach, VA 23456
Certified as to Payment:
Wo-bert P. Vaugha n @
Commissioner of the Revenue
Approved as to form:
Kevin h/ cos
Interim cl.cy r
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 7 4 7 . E3 4 were approved by the Council
of the City of Virginia Beach on the@o day of October 19 89
Ruth Hodges Smith
City Clerk
FOAM NC). C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Chappell, Anthony C. 1987/89 Audit 20.65 20.65
T/A A & B Floor Soecialist
3816 Chimney Creek Drive
Virginia Beach, VA 23462
Debellis, Sally J. 1988 Audit 30.00 30.00
T/A The Agency
4545 Bob Jones Drive
Virginia Beach, VA 23462
Dranlon Enterprises Inc.
T/A Chem Seal of 1987/89 Audit 33.59 33.59
Hampton Road
710 Nor@h Lafayette Street
Richmond, VA 23221
Certified as to Payment:
RoVert P. Vaughkn-
Commissioner of the @.nue
Approved as to form:
Kevin @ Cosgro0e
Interim City Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $ 84.24 were approved by the Council
of the City of Virginia Beach on the@O day of October .19 89
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissionler of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Baltz, David 1988 Audit 34.96 34.96
T/A D. P. Baltz
1401 Coldingham Court
Virginia Beach, VA 23464
Bay Point Realty Coru.
6220 Pardue Court 1988/89 Audit 68.49 68.49
Virginia Beach, VA 23464
Belcher, S. H. & Combs, W. C.
T/A Crisin Auto Wash & Clean
5408 Grand Lake Cres. 1989 7/12/89 36.00 36.00
Virginia Beach, VA 23462
Certified as to Payment:
R6@ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
7
@e in
v @qos@ve
Inter Lty -AttorneT-
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3- 3 9 . 4 5 were approved by the Council
October 89
of the City of Virginia Beach on the O@ day of 19 -
Ruth Hodges Smith
City Clerk
MRM NO. C.& 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissio6er of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Grims, Paul R. 1989 Audit 36.00 36.00
T/A Pauls Hot Dogs
4309 Saint James Court
Vi@ia Beach, VA 23455
Norris, George C. Jr. & Dorothy M.
T/A National Investimnt Co.
317 First Colonial Road 1987/88 Audit 64.00 64.00
Virginia Beach, VA 23451
Reeves, John H. Jr. & Karin
T/A Reeves iandscaping 1984/87 Audit 52.72 52.72
5749 Pontiac Road
Virginia Beach, VA 23462
Certified as to Payment:
obert P Vaughan
Commissioner of the Revenue
Approved as to form:
kevin c v
int.,7?.
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling .72 were approved by the Council
30 Octo ber 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM W. C.k 8 FIEV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Beard-Fager General Contractor Inc.
3624 Sandpiper Road 1987/88 Audit 60.00 60.00
Virginia Beach, VA 23456
Bradlees Tidewater Inc.
T/A Bradlees 1988 Audit 6,412.51 6,412.51
P. o. Box 447
Braintree, MA 02184
Byrd, William E. Etals 1988 Audit 79.38 79.38
T/A Byrd, Boring, Miller, Brmo Ltd.
112 PluTe Street
Norfolk, VA 23510
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@c9grov.\,-
city Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $6,551.89 were approved by the Council
of the City of Virginia Beach on the@ 0 day of October .19 89
Ruth Hodges Smith
City Clerk
FOAM NO. C.& 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Page Five Inc. 1987/89 Audit 15,163.14 15,163.14
T/A Virginia Beach Acura
6715 Arlington Blvd.
Falls Church, VA 22042
Certified as to Payment:
@obert P. vaughan
Commissioner of the Revenue
Approved as to form:
@@ i -
Kevin J. k@sgr
Interim City Aiiiey
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 5 , 1 6 3. 1 4 were approved by the Council
30 October 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
- 43 -
Item IV-I.I.
UNFINISHED BUSINESS TTEM # 31984
BY CONSENSUS, City Council will discuss in the INFORMAL SESSION of November 6,
1989, date, time and place for a PUBLIC HEARING re SOUTHEASTERN EXPRESSWAY.
- 44 -
Item IV-T.2.
UNFINISHED BTJSINESS ITEM # 31985
Mayor Oberndorf ANNOUNCED the City Manager, Aubrey V. Watts, Jr., was the
recipient of the distinguished service award from the American Waterworks
Association for his dedicated and outstanding service, as well as his
innovative thoughts. The City @lanager was applauded for his efforts.
- 45 -
Item IV-J.1.
NEW BUSINESS ITEM # 31986
ADD-ON
Mayor Oberndorf advised next year, 1990, will be the Year of the Census, which
has enormous ramifications for a City the size of Virginia Beach. The
responsibility for local review of maps and population counts and the link with
Census officials for technical support traditionally rests with the City's
Planning Department. The Census Bureau, however, recommends that local
governments establish a Mayor's Complete Count Committee, the purpose of which
is to encourage citizens to complete and return their census forms. They
recommend that particular emphasis be placed on reaching the traditionally
under-counted populations--minorities, the homeless, low income populations.
A complete poupulation count for Virginia Beach is of critical importance.
Large amounts of federal and state funds are returned to our City each year
based on Census statistics. Our community's political representation in the
U.S. Congress and in the State legislature rests also on Census population
totals.
Mayor Oberndorf recommended the City Council appoint and support a 1990 Mayor's
Complete Count Committee. Its purpose is to conduct an intensive public
education campaign to inform all residents of the importance of cooperating
with the Census. Mayor Oberndorf will be forwarding to the City Council,
Tuesday, October 31, 1989, a written proposal with suggestions for individuals
for appointment to the Committee. These individuals will represent a broad
cross section of the community, in keeping with the emphasis on reaching
traditionally under-counted populations. Mayor Oberndorf requested input and
additions or alternate names from Members of City Council by the end of the
week. With City Council's concurrance, the Mayor will extend the invitations
next week and schedule the kick-off meeting for the first week in December.
- 46 -
Item IV-J.2.
NEW BUSINESS ITEM # 31987
ADD-ON
Gerald S. Divaris, Chiarman - Central Business District Association of Virginia
Beach, advised the GOALS of the CBD:
1. Actively promote the Central Business District as a
viable, exciting place to live, work, shop and
visit for the citizens of Virginia Beach.
2. Support the City of Virginia Beach in the
improvement of transportation systems in and around
the area.
3. Serve as a liaison between the business community
in the Central Business District and the local,
state and federal governments.
4. To develop a concept master plan for the Central
Business District.
5. To promote the Central Business District as the
business, financial and cultural center of Virginia
Beach and, thereby, its economic well being.
In 1973 and again in 1988, the City of Virginia Beach by its Zoning Ordinance
established the legislative intent of the Central Business District. Gerald
Divaris quoted the Zoning Ordinance: "The purpose of the B-3 Central Business
District is to set apart that portion of the City which forms the Metropolitan
Center for financial, commercial, professional and cultural activities. It is
intended that any uses likely to create friction with these proposed types of
activities will be discouraged. This District is not intended for general
application throughout the City."
Nick Economos, Chairman of the Planning Task Force which guided the formation
of the CBD Concept Plan, advised that without the City Center, Virginia Beach
will be hard pressed to compete economically with other major cities. Of the
600 acres comprising the Central Business District, 200 are undeveloped. The
opportunity is available to take raw land in the heart of the City and master
plan it for the future. 14o cities in the Country today have this same
characteristic. A Concept Plan has been developed which touches on land use,
zoning, econmic impacts, transportation, utilities and environment. The concept
plan stresses a pedestrian orientation where people, rather than cars, are the
energy that binds. The residential component is understood as being not only
critical but at the heart of the Concept Plan. Without the residents, this Plan
is not possible.
Steve Fuller, principal with the EDAW Consulting firm, further elaborated on
the CBD Concept Plan. This Plan clearly distinguishes the Central Business
District from the surrounding areas and the other Suburban Retail Centers in
Virginia Beach. It establishes a land use pattern that is typical of
traditional downtowns. The Plan substantially alters the historic land use
pattern which characterizes the surrounding area. The Plan is an intergrated
land use. Parking lots are behind the buildings or on secondary streets and are
common to a series of buildings. Landscaping, signage and other streetscape
features will be important and introduce a scale that supports the pedestrial
character of the area. The key feature to the enviornment is Thalia Creek which
is the eastern edge of the Central Business District and penetrates all the way
into the center. Thalia Creek is a fantastic asset and creates a theme for
downtown: water and wildlife. A Shopping Bridge has been designed across the
top of Virginia Beach Boulevard to tie together the retail and office as weil
as hotel and residential uses.
- 47 -
Item IV-J.2.
NEW BUSINESS ITEM # 31987 (Continued)
ADD-ON
Lawrence R. Seigel, Chairman of the Economic Development Task Force - Central
Business District Association, advised the City will be requested to adopt a
Resolution that will result in the following action:
1. The endorsement of the Concept Plan as the basis
for the future devlelopment of the Central Business
Distict.
2. The appointment of EDAW, Tnc., to develop a master
plan in accordance with its Concept Plan. A
proposal outlining EDAW's scope of services and
cost will be forwarded.
3. The appointment of a "blue ribbon committee"
comprising members of the Central Business District
Association, the Chamber of Commerce, and
appointees of the City Council to prepare a
financial plan as to a method of implementing the
requirement of the master plan. It is proposed the
Commission consist of the following: Four (4)
members from the Central Business Disrict
Association, Two (2) members from the Chamber of
Commerce, Two (2) City Council members, Two (2)
Civic League representatives from surrounding
neighborhoods, One (1) member from the Arts &
Humanities Commission, One (1) member from the
Planning Commission, One (1) member from the
Development Authority; and Two (2) "at large"
members who are citizens of Virginia Beach.
4. The impelmentation of the Concept Plan, with
respect to the zoning, landscaping, transportation,
signage, etc. that are of a noncapital expenditure
nature in order to begin the process of the
development of the CBD.
Councilman Moss referenced a proposed Ordinance appropriating $150,000 for a
development of a MASTER PLAN for City Councli's consideration with FIRST AND
SECOND READINGS on November 6, 1988, and November 13, 1989. This should be
issued under the direction of the City Manager with an appropriate statement of
work for the Commission.
The source from which these funds will be appropriated shall be identified.
- 48 -
Item IV-J.3.
NEW BUSINESS ITEM # 31988
BY CONSENSUS, City Council SCHEDULED:
PUBLIC HEARING on November 15, 1989, 4:00 - 8:00 PM,
as required by State Code Section 22.1-29.1 for
citizen concerns re the 1990-1992 APPOINTMENTS to the
Virginia Beach SCHOOL BOARD.
AND,
PUBLIC HEARING on November 30, 1989, 4:00 - 8:00 PM,
for the interview of persons whose resumes are filed
in the Talent Bank indicating an interest in
appointment to the Virginia Beach SCHOOL BOARD.
- 49 -
Item IV-J.4.
NEW BUSINESS ITEM # 31989
ADD-ON
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ADOPTED:
Resolution requesting Congress to allow localities
to participate in the proceeds seized through drug
investigations with federal agencies.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice imayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
RESOLUTION REQUESTING CONGRESS TO ALLOW LOCALITIES TO
PARTICIPATE IN THE PROCEEDS SEIZED
THROUGH DRUG INVESTIGATIONS WITH FEDERAL AGENCIES
WHEREAS the police force of Virginia Beach has engaged in many
cooperative investigations with Federal and state law enforcement
agencies dealing with drug control, and
WHEREAS many of these investigations have led to the seizure of
sizable amounts of money and goods, and
WHEREAS prior to October 1, 1989, by working under Federal law
the police force of the City could receive a share of the proceeds of
the forfeiture of these goods and monies, and
WHERF.AS Congress passed legislation forbidding such sharing of
forfeitures by agencies located in States whose constitutions
prevented such sharing, and
WHERF.AS the Constitution of Virginia requires that such
forfeitures go to the State Literary Fund, and
a constitutional amendment was passed by the 1989
General Assembly Session which would allow law enforcement agencies
to receive the proceeds of drug forfeitures, and
WHEREAS it will be required for the 1990 legislature and the
voters in November 1990 to approve such a constitutional change, and
WHEREAS Congress has several bills under consideration that
would allow a transition period for states to adopt constitutional
changes to allow the forfeiture proceeds to go to the police
departments, and
the City could continue to receive the proceeds under
such a temporary rule while the constitutional amendment process
proceeds.
NaW THEREFORE BE IT RESOLVED by the Council of the City of
Virginia Beach that Congress is requested to approve legislation
either interim or long term that would allow localities to continue
to receive the proceeds of joint drug investigations between Federal
and local law enforcement agencies, and
BE IT FURTHER RESOLVED that the General Assembly of Virginia is
requested in its 1990 Session to approve on second reading the
constitutional amendment that would change the constitution of
Virginia to allow under these specific circumstances for the proceeds
of drug enforcement investigations to go to the participating law
enforcement agencies rather to the State Literary Fund, and
BE IT FURTHER RESOLVED that the Clerk of the Council of the
City of Virginia Beach is directed to distribute this resolution to
the Congressional Delegation from the City of Virginia Beach, and
also, the City's General Assembly Delegation.
RESOLVED by the Council of the City of Virginia Beach 30th of
October , 1989.
Ruth Hodges Smith, CMC/AAE
City Clerk
- 50 -
Item IV-K.l.
ADJOURNMENT ITEM 31990
Upon motion by Vice Mayor Fentress and BY CONSENSUS, City Council ADJOURNED the
Meeting at 6:30 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
R'uth Hodlfes Smith, CMC
Meyer. Obern
City Clerk Mayor
City of Virginia Beach
Virginia