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HomeMy WebLinkAboutMAY 13, 1985 MINUTES Cit@ C)-f "WORLD'S LARGEST RESORT CITY" CnTCOEWCLL MAYOR HAROLD IMSCHOBER. At VICE MAYOR REBA S. M@CLANAN, A- @gh JOHN A. EAUM. Bi.@-@k NANCY A. CREECH, At Z-" ROBERT E @. V@ B.-h @k BARBARA M HENLEY. @ @k R. JARK @ING@ JR., L@- B-gh LOUIS R. JO@. &y@ @h ROBERT G. JONES. A, L-g, J. HENRY McCOY. JR., K-p-@ @h MEYFRA E. O@RF, A@ L.,Y, 181 CFRY HALL BUILDING MVNICIPAL CE@ RUTH HODGES SMrrH. CUC, City Ci-k CITY COUNCIL AGENDA VIRGINIA BFA CH VIRGINL4 U06 9M 180414274303 may 13, 1985 Virginia Beach City Council ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chainbers - 2 PM A. INVOCATION: Father Frederick H. Feusahrens Holy Spirit Catholic Church B. PLEDGE OF AI.I.RGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of May 6, 1985. G. PRESENTATIONS 1. Virginia Beach Safety Council Life Saver Awards a. Lt. James Davis Hicks b. Reginald Johnson c. Bruce Payne d. Jose Villanueva H. PROCLAMATIONS 1. Kilitary Appreciation Week - May 12-18, 1985 Armed Forces Day at Fort Story - May 18, 1985 2. Municipal Clerk's Week - May 13-17, 1985 3. Ruritan Week - May 13-19, 1985 4. Law Enforcement Appreciation Week - May 13-19, 1985 5. Virginia Beach Tourism Week - May 19-25, 1985 I. PLANNING 1. Ordinance closing, vacating and discontinuing a portion of Silverleaf Drive in the petition of the City of Virginia Beach (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 2. Ordinance closing, vacating and discontinuing a portion of Old Princess Anne Road in the petition of the City of Virginia Beach (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 3. Application of Covington-Gostel Investment Group, Ltd. for a variance to Section 4.4(c) of the Subdivision Ordinance which requires that corner lots be platted ten feet wider than the minimum lot width required by the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 15,840-square foot parcel into two lots located at the northeast corner of Dalrymple Street and Seaton Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of National Pride for a conditional use permit for an automobile repair facility of a 37,026-square foot parcel located at the southeast corner of South Witchduck Road and Ruritan Lane (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. 5. Application of Bellauy Manor Preschool, by Janet Kottke for a conditional use permit for a preschool (120 students) on a 4.4-acre parcel located on the south side of Providence Road, west of Luke Drive (Kempsville Borough). a. Letter from the City Nanager transmits the recommendation of the Planning Commission for approval. 6. Application of R. Larry Turner, President, Richmond Venture Coupany, Ltd., for a conditional use permit for outside storage on a 5.97-acre parcel located on the north side of Tn-dian River Road, east of Kempsville Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of Edgardo P. Agustin and Estate of David A. Barber for a conditional use permit for a day care center on a two-acre parcel located on the east side of Salem Road, north of Salem Lakes Boulevard (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Paul R. Thompson for a change of zoning from R-5 Residential District to 0-1 Office District on a 10,254-square foot parcel located at the southeast corner of Princess Anne Road and White Oak Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. 9. Application of Stanley F. Scott for a change of zoniae from R-7 Residential District to B-4 Resort-Commercial District on a 9,000-square foot parcel located at the northeast corner of 9th Street and Cypress Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of Gaston F. Dough, Jr. and James Gallagher for a change of zo@n from A-1 Apartment District to B-4 Resort-Commercial District on a 21,000-square foot parcel located on the north side of 15th Street, west of Pacific Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of Merrit Chauncy Krabenbill, Executor, Estate of Chris W. Krahenbill, for a change of zon ng from R-8 Residential District to A-2 Apartment District located on the east side of @rincess Anne Road, north of Baxter Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. J. ORDINANCES 1. Proposed Ordinances for Fiscal Year 1985-86 Operating Budget: a. Ordinance, on SECOND READING, making appropriations for the fiscal year beginning July 1, 1985 and ending June 30, 1986 in the sum of Three Hundred Eighty-Seven Million, Eight Hundred Nine Thousand, Four Hundred Three Dollars ($387,809,403) for Operations and One Hundred Twenty-Five Million, Five Hundred Sixty-Six Thousand, One Hundred Ninety-Five Dollars ($125,566,195) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. b. Ordinance, on SECOND READING, establishing the tax levy of real estate for Tax Fiscal Year 1986. c. Ordinance, on SECOND READING, establishing the tax levy on personal property and machinery and tools for the Calendar Year 1986. 2. Ordinance, on FIRST READING, to amend and reordain Section 35-115 of the Code of the City of Virginia Beach pertaining to utility taxes. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in support of the continuation of the Virginia Beach Clean Community Program with grant funding to be furnished by the Division of Litter Control of the State. 2. Resolution authorizing the enlargement of the nonconforming structure located at 1229 Barrs Road (property of Novells Joyner). 3. Ordinance to amend and reordain Section 2 of the Code of the City of Virginia Beach, Virginia, by providing for a public hearing before appointment of School Board members. 4. Ordinance authorizing the City Manager to execute an agreement with Tidewater Co@nity College to produce ten television programs that will be of interest and benefit to senior citizens. 5. Ordinance to transfer $65,000 in appropriations from the City Garage Expansion Project to the Animal Control Building Addition. 6. Low bid of Atlantic X-Ray, in the amount of $33,837.09, for the Human Resources Renovation - X-Ray Equipment; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. L. UNFINISHED BUSINESS m. NEW BUSINESS 1. Virginia Beach Scenic Waterways Plan: Presentation by Southeastern Virginia Planning District Commission 2. Storawater Management Plan: Engineering Services N. ADJOURNMENT 1. Notion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 13, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, CitY Hall Building, on Monday, May 13, 1985, at 12:30 in the afternoon. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech, and Vice Mayor Reba S. McClanan Councilwomari Nancy Creech entered the EXECUTIVE SESSION at 12:40 p.m. Vice Mayor Reba S. McClanan entered the EXECUTIVE SESSION at 12:40 p.m. May 13, 1985 - 2 - ITEM # 23589 Mayor Heischober entertained a niotion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the dispositioti of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such instituion. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff institution. consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting; 9-0 Council Members Voting Aye: John A. Baum, Robert E. Pentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: May 13, 1985 Nancy A. Creech and Vice Mayor Reba S. McClanan - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL May 13, 1985 2:30 p.m. Mayor Harold Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, May 13, 1985, at 2:30 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Roy Jackson, Ret. United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 13, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA item II-D.1 CONSENT AGENDA NONCONFORMING STRUCTURE/ NOVELLA JOYNER ITEM # 23590 The City Manager referenced a Resolutio@i authorizing the enlargement of the nonconforming structure located at 1229 Barrs Road (property of NOVELLA JOYNER) (See Item 11-K.2 of the Consent Ageiida). This item will be pulled for additional discussion. item II-D.2 CONSENT AGENDA TIDEWNrER COZIMUNITY COLLEGE/ TEN TELEVISION PROGRAi4S ITEM # 23591 Councilwomen Henley and Oberndorf refereiiced an Ordinance authorizilig the City Manager to execute an agreeemnt with TIDEWATER COMMUNITY COLLEGE to produce ten television programs that will be of interest and benefit to senior citizens. (See Item II-K.4 of the Consent Agenda). Maryann I. Ustick, Director of Community Developmeiit, advisei the aforementioned films will be available to Senior Citizeis city-wide. Pamela LiLigle, Director of Public Informatioii, refereliced the films would be aired on Channel 29. May 13, 1985 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.I. SAJO FARM MANOR HOUSE ITEM # 23592 Councilman Louis Jones requested discussion of the SAJO FARM MANOR HOUSE be scheduled for the City Council Meeting of May 20, 1985. May 13, 1985 6 Item II-F. 1 MINUTES ITEM # 23593 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the -.@IINUTES of May 6, 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None COUDCil Members Absent: None May 13, 1985 7 Item II-G. 1 PRESENTATIONS ITEM 23594 Mayor Heischober introduced Councilman Jack Jennings, aud Pearl Mallory to present the VIRGINTA BEACH SAFETY COUNCIL LIFE SAVER AWARDS. Councilman Jennings was instrumental in the formulation of the VIRGINIA BEACH SAFETY COUNCIL, and was President for two different terms. Pearl Mallory is Committee Chairman of the VIRGINIA BEACH SAFETY COUNCIL. The following LIFE SAVER AWARDS were presented: Lt. James Davis Hicks Reginald Johnson (posthumously) Bruce Payne Jose Villanueva The award to Jose Villanueva was presented for the rescue of Beth Ann Dail on January 24, 1985. Jose Villanueva was unable to attend. The following awards were presented in conjunction with the attempted rescue of CLARENCE NEELY, III on January 24, 1985. Lt. James Davis was in attendance to receive his award. Reginald Johnson's parents were unable to attend. His award will be mailed. Bruce Payne was in attendance. Councilmari Jennings referenced that duplicates of the LIFE SAVER AWARDS will be displayed in the Administration BuildiLig of the City of Virginia Beach Municipal Center. May 13, 1985 Si)L-FLi-IT COUNCIL o alllo Wlio@i glieieYie4eiit4 Yl,,,Ilwome,'gtee.(, ' !(m m Ne, Od.4 ai( L 'f J A H E s D @ V 1 S Ii I C k S ,cts4 geae@naledd N'll?(IIN.Lk IlEiVCII LIFESiVN7ER At b@.t 4:45p... 24, 1965, Lt. Jq@@. V.,q@ /ii,k. ith th. Ch..@p,@k. Fi,. St.ti@. .,@i@.d @t . l.k. b.hi@d @ ... Di.@.@d Sp@i@g. R@.d @.d Sh@,. D,i@, h.,, R.9i..Id J@h@.,@ a.d B,@,. P.y@. ..,. tt..pt- i.g t, Cl ...... N,.Iy, III h, h.d f.1t.. th,..gh th@ i, @hil. PI.Yi@g .. th, l.k@. Lt. Hi@k. lid .t @ th. c@. hi. @h@@t ith Rlgi..Id p..h.d B,-.,. t .... d. ti.. i,@ @,i Lt. fli,k. @bt. R. t, gi@.ld .@d @i','k@, @;@ hi. @l.@t.d t. g@ @@ thi@ ..d p.@f@,.@d b@y..d hi. @q.i,.d d.ti... ,v wltete0l, gaave cau,)i,dl4el,e lellc46 10 ie made I ,4alenlandlltejeal,IlAe'llity@,;7Xeac,4Yalely'eouncW in Illeyeaa 010"t.9"Otd, o.. lltot"ndmlqe,4t4ndiedand 7b S2kFUA IT COUNCIL doa,llko)i'n'cmglte,icYici,e,n149,4aIIWome Yjtee Xmw @e, @/i ai( R E G I N A L D J 0 ii N S 0 N llr,,ACII LIFESITVL"R O@ r..@@,y 24, 1985 @t 4;22P... fiv. y.@, ld Cl.,@@c@ N.-ty, Ill -f th- S?00 bl,@k @f A,@..@. Sq.... f.It th,..gh i@@ @@ Lak. Whit.h... t. B,.,. P.Y.. .@d hi. .o@..t. R.gi @.ld .1@l@.... h.d j..t I't.,..d h... h.@ th.y .@,. d.i.,d that Cl .... @, h.d di..Pp@ ... d h.@ h. f.11 th,..gh th. i@. hit ' P' ayi@g .@ th. l.k.. R.gi.@Ld g.@. .@ th@.ght t. hi. ..@ .,f,ty h.. h. a@ ..d pi..g.d i.t. th. l.k. to t@y t. ..@. Cla,,@@,.. p@. .@i.g hi. -@o@.at. t,.Ygti@g, pt.@g.d i@ @ ... i.t.@ U. f,,t.*.at.4,@; b@th ... by th@ i.y a@d .... ... bZ. t. ..V. t@. b@y. R@gi..Id'. I..t .@t b.fo,. h, @@@t ..d,, t. p@.h B,.@. to th. dg. of th. i.. h.,. h. ... ..@..d by Lt. J.... D. Hi@k. cts,n leitimonm wlteteol,,Iliaveca"4edl4eictlelte441o@emade Aalenlan d14e4ealcllloe YIyii,;ZWeaCA@alely'ewnCd tOk A etCUn IO all(ked, on II#e-day Ille,yeai clotit Yotd, one @Ao@nd@e A..,4.dad /y - an. IA, 7c COUNCIL ,-!(now @e,,6JIi a I B 17 u c E P A Y N E 1 4 0. J.n..@y 24, 1985 @t 4:22p.@.fi- y... @Zd Cl.,.@,. N..Iy, I[T th. 5700 blo@k @f A@-..@ Sq@.I. f.11 th,@.gh i@. @@ L.k. Whit.h... t. B,.@. P.yn. .nd hi, T@gi@@ld J@h@.@. h@d j..t .t.,n.d h@@. h.@ t),.y ..,. d@i..d th.t CZ.,.n.. h.d di.@pp .... d h.@ h@ f@ll th ... gh th. i@. hit. playing @@ th. l.k.. R.gin@ld g@v, .@ th@.ght t@ hi. @.n ..f.ty h- h. .@ .@d pl.@g@d i@t, th@ L@k. t@ t,,y @ ..@. Cl.l.@@,. p@n ... i@g hi, t,.ggzi@g, pl.,@g@d In t. ...i@t, U,f,,t.n.t@ly, b@th ..n by th. i@y @.t., .@d .,,. n@bl. t@ th. b,y. Hlgi..Id'. I..t - t b.f@,. h. ...t nd,, ... t. p..I, t, th. @d@ @f th. i,. h,,. h. @.. .-.@d by Lt. J..., D. Hi@k. P@y,.. h.d .,,d.@g@,,d hi. .n lif. gn hi. tt.@pt t@ ..v. hi. f,i.nd. wlteieolgliave cati@dll, e4e let'lei@ lo ie made @lenlanel Ilie 4palcIllie 'relye@ia Weacli Yalely Woancil /o 4 liet etin lo r4rlle:red o.,j Ilie-day i-n Iheyea@ tloat 9ctd @e I,.nd,,dad ane 14ou4and ills 7d COUNCII-, i 0 s E V I L L A Ii V E V A J,4!2e,4@naled4 lit",ilCll LIFES@ 0. J.@..@y 24, 1985 t Ppl@-i@@t@ly 4:40p..., fi@. y ... @ld B@th A@@ Dl,'t f th. L.@.1 G,@ .. .... ... pl,yi@g th. i.. h." i,. f,ll i@t@ t;., t-@. J@.. @f th@ 6000 bl,,k Edg@l-k. D,i@@, ..@ h., f.11 'gh. With@.t th,.ght f@, hi. @. ..f.ty, h. pl.@g@d i,,,, th. i,y ..t., . pi., .@d ..d. hi. ..y t. th- gill. Up.@ h.,, h. h@td @. t@ h., ..d ,.d. hi. .@y @.t @f th@ --t-, -ith th@ @ili @f h. h.d b@., th,@.,i,,g . @p. t. t@.. gi,i. 9. @,@,-i.d B.th A@. t@ hi. h,@@ @h@,, h. -. -1-PF@d i@ bl,@k.t.. -1,@. I-P.1i.-.d h@.t p@i,,. f,@. b.i,,g i. th. @tl'-.Iy @ld @.t., @.d @.-f,.g I,hill t@ hi. h,.. B.,h A.,,. With..t hi. q.i.k B.th A@. @@.ld h.@@ d,,,...d. ,hal,-nland Ilie.)Cal(Illie Ylityt@;i Xeacl, Yalely'eocenceil Ilieycai /Out Yotd, one Illoce4andriine It"" edand 8 Item II-R.1 PROCLAMATION ITEM # 23595 Mayor Heischober PROCLAIMED the week of May 12-18, 1985 as: MILITARY APPRECIATTON WEEK AND, Saturday, May 18, 1985 as: ARMED FORCES DAY AT FORT STORY The following CoTninanding Officers were in atteiidance to accept the PROCLAMATION: Captain L. F. Norton, Oceana Captain John W. Bitoff, Dam Neck Captain John F. Doyle, Little Greek Amphibious Base Captain Joseph Farrell, Fort Story T@iis PROCLAMATION recognized the importance of the military ia the City, and urged individuals to pay special recognition to our military community. May 13, 1985 8a WHEREAS, the City of Virginia Beach has long been home base for four of America's important military installations: Oceana Naval Air Station, Little Creek Amphibious Base, Fleet Combat Training Dam Neck, and Fort Story; and WHEREAS, approximately twenty percent of Virginia Beach's residents are in the military and another sixteen percent are military retirees who have established per- manent residence in Virginia Beach; and WHEREAS, these four installations provide employment, both military and civilian, for over 30,000 persons, with an approximate annual payroll of $450 million; and WHEREAS, the City of Virginia Beach recognizes the importance of the military in our City, not only in an economic aspect, but also because of the military's contribu- tions to our social, cultural, and civic growth and development; and WHEREAS, the City of Virginia Beach and the Virginia Beach Council of the Hampton Roads Chamber of Commerce would like to set aside this special time to recognize the members of our military community and their leaders. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of May 12-18, 1985 as MILITARY APPRECIATION BEEK and Saturday, May 18, 1985 as ARMED FORCES DAY AT FORT STORY and urge all businesses and individuals to pay special recognition to our military community during this time. Given under my hand and seal this thirteenth day of May, nineteen hundred and eighty-five. Harold Heischober Mayor May 13, 1985 9 item 11-H.2 PROCLAMATION ITEM # 23596 Mayor Heischober PROCLAIMED the week of May 13-19, 1985 as: MUNICIPAL CLERK'S WEEK Vice Mayor Reba S. McClanan read the PROCLAMATION and presented same to Ruth Hodges Smith, CMC, City Clerk of Virginia Beach. This PROCLAMATION recognized the vital services performed by the Municipal Clerks and their outstanding dedication and ocotribution to the communities they serve. May 13, 1985 9a - WHEREAS, the success of City government is measured in direct proportion to its ability to meet the needs of its people; and WHEREAS, the Municipal Clerk is important to the community as a whole--that the records of its government be orderly and the operation of the Clerk's Office be in an official manner; and WHEREAS, the Municipal Clerk provides a direct link between past and present, serving as the central source of knowledge and records of this City's governing body, the City Council; and WHEREAS, the Municipal Clerk records the proceedings and decisions of the legis- lative body, undertaking a variety Of ackninistrative tasks vital to an effective and responsible government; and WHEREAS, the Municipal Clerk strives to more efficiently and effectively serve the Council and its citizens by staying abreast of technological advances in today's world through professional education and training. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of May 13-17, 1985 as MUNICIPAL MERKIS WEEK in Virginia Beach in recognition of the vital services performed and in recognition of their outstanding dedication and contribution to the communities they serve. Given under my hand and seal this thirteenth day of May, nineteen hundred and eighty-five. Harold Heischober Mayor May 13, 1985 - 10 - Item 11-H.3 PROCLAMATION ITEM # 23597 Mayor Heischober PROCLAIMED the week of May 13-19, 1985, as: RURITAN WEEK Councilman McCoy read the PROCLAMATION and presented same to Cotton McClenney, District Governor of the Holland District of Ruritan, and Robert Vaughan, Past Zone Governor. This PROCLAMAIION recognized the contributions made by RURITAN to the uiiderstanding between rural and urban interests in their various communities. May 13, 1985 loa - el riart,ant;attlatt WHEREAS, Ruritan National was organized May 21, 1928 in Holland, Virginia; and WHEREAS, Ruritan have made excellent contributions to the understanding between rural and urban interests in their various communities and seek to continue as well as to expand upon this relationship; and WHEREAS, Ruritan National comprises over 1,300 clubs and 38,000 citizens of this great country, all of whom foster ideals of fellowship and goodwill; and WHEREAS, their activities result in innumerable acts of unselfish service to those neighbors and others suffering misfortune and severe hardship. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim May 13-19, 1905 as RURITAN WEEK in Virginia Beach to be observed by all Ruritan members and further urge the citizens of Virginia Beach to join in the celebration of this 57th Anniversary of this praise- worthy, community-oriented organization. Given under my hand and seal this thirteenth day of May, nineteen hundred and eighty-five. Harold Heischober Mayor May 13, 1985 Item 11-H.4 PROCLAMATION ITEM 23598 Mayor Heischober PROCLAIMED the week of May 13-19, 1985 as: LAW ENFORCEMENT APPRECIATION WEEK This PROCLAMATION recognized the dedication of the excellent police force of Virginia Beach and urged citizens to pay tribute to those officers who have given their lives. David Hewes, President of the Fraternal Order of Police accepted this PROCLAMATION. May 13, 1985 lla - 46 riartam;attion WHEREAS, throughout Tidewater the week of May 13-19, 1985 has been designated as Law Enforcement Appreciation Week; and WHEREAS, all Americans should take time to consider the services performed for them by the Lavi Enforcement Community; and WHEREAS, at the same time, Americans should remember and honor those officers who have lost their lives in performance of their police duties. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of May 13-19, 1985 as LAW EWORCEMENT APPRECIATION WEEK in Virginia Beach and urge citizens to pay tribute to those officers who have given their lives to protect our City, and also recognize the dedication of the excellent police force of Virginia Beach to which we are grateful for making our City a safe, enjoyable community in which to live. Given under my hand and seal this thirteenth day of May, nineteen hundred and eighty-five. Harold Heischober Mayor May 13, 1985 12 - Item II-H.5 PROCLAMATION ITEM # 23599 Mayor Heischober PROCLAIMED the week beginniiig May 19, 1985 as: VIRGINIA BEACH TOURISM WEEK Councilman Fentress read the PROCLA14ATION and presented same to Jerry Ross, representative of the Tourist Industry, and Bill Miller, who represented the Restaurant Association. This PROCLAMATION recognized the tourism industry in Virginia Beach and the benefits from the effects of tourism through its enhancement of our personal growth, education and intercultural understanding. Councilman Fentress recognized James Ricketts, Director of Tourism. May 13, 1985 12a WHEREAS, the tourism industry is extremely important to the City of Virginia Beach, contributing greatly to our economic prosperity; and WHEREAS, each citizen of Virginia Beach benefits from the effects of tourism through its enhancement of our personal growth, education, and intercultural understanding, as well as the general economic well- being of the City; and WHEREAS, the tourism industry in Virginia Beach annually generates millions of dollars in City tax revenue, thousands of full- and part-time employment opportunities, and total spending exceeding a quarter of a billion dollars; and WHEREAS, tourism can be expected to play an even greater role in the lives of the Virginia Beach people in coming years. NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week beginning May 19, 1985 as VIRGINIA BEACH TOURISM WEEK and call upon the people of Virginia Beach to observe such week and reflect upon the value of the tourism industry to our City and our citizens. Given under my hand and seal this thirteenth day of May, nineteen hundred and eighty-five. Harold Heischober Mayor May 13, 1985 - 13 - Item 11-1. I PLANNING ITEM # 23600 Louis Lucente, President of Terry Corporation, represented the applicalit Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance closing, vacating and discontinuing a portion of SILVERLEAF DRIVE in the petition of the CITY OF VIRGINIA BEACH. Application of the City of Virginia Beach for the discontinuance, closure aDd abandonment of a portion of Silverleaf Drive located at the Southwest inter- section of Silverleaf Drive and Holland Road. Said parcel contains 26,221 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This closure shall be subject to the following conditions 1. Resubidivision of the property to incorporate the closed area into adjoining parcels. 2. The closure of this right-of-way shall be con- tingent upon compliance with the above stated condition within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 - 13a (']R(>MWPLI., B]-'TZ & I,ITI@;T]O, 1'. ATT'IRN ". ..J, CO@IN..-.. @T I-.@ R,@.... D, G,l@ W.@.. L,..@. p....... A-A C ... ... R...- B. C-...-, J. P....-. O..-S...- T-- F. B-@-,J- V-..Nu R. S-., J. B. M. march 22, 1985 T..- S. C..... R. E..... I, R. Edward Bourdon, Jr., attorney for Terry CorDoration of Virginia, do herebv certify that: i. I am an attorney at law and represent Terry Corporation of Virginia. 2. That based upon my examination of title, it is my ooinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said streets will vest in Terry Corporation of Virginia, the owner of the fee in all adjacent property. 3. The portion of street to be closed, referred to herein, is described as follows: That certain portion of Silverleaf Drive, beginning at a point 348.36' from the intersection of Silver- leaf Drive and Independence Boulevard and from said point at the beginning continuing along an arc with a radius of 307.04 feet, a distance of 184.81 feet to a point, thence along an arc with a radius of 137 feet, a distance of 37.33 feet to a point, thence along an arc with a radius of 1,080 feet, a distance of 137.89 feet to a point, thence S 46001'54" East, a distance of 319.80 feet to a point, thence con- tinuing along an arc with a radius of 1,000 feet ' a distance of 549.50 feet in a westerly directio@ to the point of beginning as shown on that certain plat entitled "PLAT SHOWTNC, A PORTION OF SILVERLEAF DRIVE (FO10fr.RLY HOLLANI) ROAD RELOCATED) TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVIILE BOROUGH - VIRCINIA BEACH, VIRGINIA." GLTY, CROMIEI.I,, BETZ & LUSTIC, P.C. By R. Edward Bourdon, Jr. REBir/ssp May 13, 1985 AN ORDINANCE CLOSING, "CATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SILVERLEAF DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF .SILVERLEAF DRIVE (FORMERLY HOLLAND ROAD RELOCATED) TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA,', WHICH PLAT IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY ATTORNEY, MUNICIPAL CENTER, VIRGINIA BEACH, VIRGINIA WHEREAS, it appearing that the City has advertised this proposed street closure by advertising the same in the Virginia Beach Sun News, on and ; and WHEREAS, it is the judgment of the Council and Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience, upon the completion by the applicant of the conditions imposed by City Council, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the hereinafter described street be discontinued, closed, and vacated, which portion is more particularly described as follows: That certain portion of Silverleaf Drive beginning at a point 348.36' distance from the intersection of Silverleaf Drive and Independence Boulevard and from said point of beginning continuing along an arc with a radius of 307.04 feet, a distance of 184.81 feet to a point, thence along an arc with a radius of 137 feet, a distance of 37.33 feet to a point, thence along an arc with a radius of 1,080 feet, a distance of 137.89 feet to a point, thence S 46'01154" East, a distance of 319.80 feet to a point, thence continuing along an arc witha radius of 1,000 feet, a distance of 549.50 feet in a westerly direction to the point of beginning as shown on that certain plat entitled 'PLAT SHOWING A PORTION OF SILVERLEAF DRIVE (FORMERLY HOLLAND ROAD RELOCATED) TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA.- 2 That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virginia, as grantor. 3. This Ordinance shall become effective sixty (60) days from the date of its' adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1985. RJN/da 2/27/85 (23) APPROVED: May 13, 1985 May 13, 1985 - 14 - Item II-I.2 PLANNING ITEM # 23601 Louis Lucente, President of Terry Corporation, was in attendance representing the applicant, but did not speak Upon motion by CouncilmaD McCoy, seconded by Councilwoman Oberndarf, CitY Council APPROVED an ordinance closing, vacating, and discontinuing a portion of OLD PRINCESS ANNE ROAD in the petition of the CITY OF VIRGINIA BEACH. Application of the City of Virginia Beach for the discontinuance, closure and abaudonment of a portion of Old Princess Anne Road beginning on the north side of Timberlake Drive and running in a northwesterly direction a distaiice of 474 feet. Said parcel con- tains 17,947 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This closure shall be subject to the following conditions: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels. 2. The closure of this right-of-way shall be contingent upon compliance with the above stated condition within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jen@,ings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 -14a (illY, CROMWITLL, IIJETZ & I,IISTIC4, P. ATTON.gy. @ND COIIW.EWR. AT L- D. G.@ P...-. L.-. A"@ B. C----, J- vmol.- B-. R. S-.., J. - D. H--. Mareli 25, 1985 T...- S. C..... 1, R. Edward Bourdon, Jr., attorney for Terry Corporation of Virginia, do hereby certify that: 1. I am an attorney at law and represent Terry Corporation of Virginia. 2. Tbat based upon my examination of title, it is my opinion that if the portion of street sought to be closed is discontinued, closed and vacated by the Cotincil of the City of Virginia Beach, Virginia, then title to said street will vest in Terry Croporation of Virginia and Robert E. Hughes, Jr. and Marilyn S. Hughes, husband and wife, the adjacent land- owners. 3. Tlie portion of street to be closed, referred to herein, is described as follows: That certain portion of Princess Anne Road beginning at a point 28.10 feet from the easternmost corner of Lot 32 in the Subdivision of Dunbarton - Section One, recorded in Map Book 92, at Page 44, and from said point of beginning N 15058'33" West, a distance of 100.50 feet to a point, thence S 21"41'12" East, a distance of 374.13 feet to a point, thence S 42043'09" East, a distance of 115.76 feet to a point, thence S 21"41'12" East, a distance of 366.09 feet to a point, thence WeSt along the northern right of way line of Green Meadows Drive a distance of 51.55 feet to the point of begin- ning as shown on that certain plat entitled "PLAT SHOWItiC A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR TERRY CORPORATION OF VTRGINIA KE@FPSVILLE BOROUGH - VIRGINIA BEACH, \'IRGII,'IA." GUY, CRO@V.,IELL, BETZ & LUSTIG, P.C. By R. Edward Bourdon, Jr. REBjr/ssp May 13, 1985 AN ORDINANCE CLOSING, "CATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE ROAD, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA,' WHICH PLAT IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY ATTORNEY, MUNICIPAL CENTER, VIRGINIA BEACH, VIRGINIA WHEREAS, it appearing that the City has notified the public of this proposed street closure by advertising the same in the Virginia Beach Sun News, on and and WHEREAS, it is the judgment of the Council and the Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience upon the completion by the applicant of the conditions imposed by Council, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to Section 15.1-364, Code of Virginia, 1950, as amended, the hereinafter described street be discontinued, closed, and vacated, which portion is more particularly described as follows: That certain portion of Princess Anne Road beginning at a point 28.10 feet from the easternmost corner of Lot 32 in the Subdivision of Dunbarton - Section one, recorded in Map Book 92, at Page 44, and from said point of beginning N 15*58'33" west, a distance of 100.50 feet to a point, thence S 21'411121 East, a distance of 374.13 feet to a point, thence S 42*43109' East, a distance of 115.76 feet to a point, thence S 21'411121 East, a distance of 366.091 feet to a point, thence West along the northern right of way line of Green Meadows Drive a distance of 51.55 feet to the point of beginning as shown on that certain plat entitled "PLAT SHOWING A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA.' 2. -That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virginia, as grantor. 3. This Ordinance shall become effective sixty (60) days from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1985. RJN/da 2/17/85 3/4/85 (23) APPROVED: May 13, 1985 -2- - 15 - Item 11-1.3 PLANNING ITEM # 23602 Julius Gostel, Jr., the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY Council APPROVED the application of COVINGTON-GOSTEL INVESTMENT GROUP, LTD. for a Variance to Section 4.4(c) of the Subdivision Ordinance Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Covington-Gostel In- vestment Group, Ltd. Parcel located 150 feet east of Legare Lane at the northern boundary of Dalrymple Street. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting; 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 16 - Item II-I.4 PLANNING ITEM # 23603 Attorney Glenn Croshaw represented the applicant and requested WITHDRAWAL of the application Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL PRIDE for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF NATIONAL PRIDE FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR FACILITY Ordinance upon application of National Pride, for a Conditional Use Permit for an automobile repair facility on certain property located at the south- east corner of South Witchduck Road and Ruritan Lane on part of Lots A and B, and Lots C and D. Said parcel contains 37,026 square feet. Plats with more detailed information are available in the Department of Planiiing. KEMPSVILLE BOROUGH. Voting; 9-0 Council Members Voting Aye; John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech Council Members Abstaining: May 13, 1985 Vice Mayor Reba S. McClanan 1 7 Item II-1.5 PLANNING ITEM 23604 Jan Kottke, Owner and Director of Bellamy Manor Preschool, represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City Council ADOPTED an Ordinance upon application of BELLAMY MANOR PRESCHOOL BY JANET KOTTKE for a Conditional Use Permit for a preschool allowing expanding of school from 50 to 120 students as per the following: ORDINANCE UPON APPLICATION OF BELLAMY MANOR PRE- SCHOOL BY JANET KOTTKE FOR A CONDITIONAL USE PERMIT FOR A PRESCHOOL (120 STUDENTS) R0585744 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Bellamy Manor Preschool by Janet Kottke for a Conditional Use Permit for a preschool (120 students) on the south side of Providence Road, 550 feet west of Luke Drive. Said parcel is lo- cated at 4925 Providence Road and contains 4.4 acres. Plats with more detailed information are available in the Department of Plaiining. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf Council Members Voting Nay; None Council Members Abseiit: Nancy A. Creech May 13, 1985 Item II-1.6 PLANNING ITEM 23605 Sam Segar, realtor, represented the applicailt Jerry Greene, purchaser of the applicant's property, also spoke concerning the application but did not speak Upon mation by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of R. LARRY TURNER, PRESIDENT, RICHMOND VENTURE COMPANY, LTD. for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF R. LARRY TURNER, PRESIDENT, RICHMOND VENTURE COMPANY, LTD., FOR A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE R0585745 BE IT HEREBY ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA: Ordiiiance upon application of R. Larry Turiier, President, Richmond Venture Company, Ltd., for a Conditional Use Permit for outside storage on certain property located on the north side of Iiidian River Road, 260 feet east of Kempsville Road. Said parcel is located at 5228 Indian River Road and contaias 5.97 acres. Plats with More detailed informati.on are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. An 8-foot privacy fence is to be provided along the property lines adjoining residential development. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 19 - Item 11-1.7 PLANNING ITEM # 23606 John C. Eggert, represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of EDGARDO P. AGUSTIN AND ESTATE OF DAVID A. BARBER for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICAT10N OF EDGARDO P. AGUSTIN AND ESTATE OF DAVID A. BARBER, FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER (for the Hearing Disabled) R0585746 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Edgardo P. Agustin and estate of David A. Barber, for a Conditional Ues Permit for a day care center on certain property located oii the east side of Salem Road, 360 feet more or less iiorth of Salem Lakes Boule- vard. Said parcel contaiiis 2 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH The following condition shall be required: 1. A variable width right-of-way dedication along the frontage on Salem Road to provide for an ultiraate 90-foot right-of-way and a proposed bikeway as required by the Master Street and Highway Plan and the Virginia Beach Bikeway Plan. The proposed alignment is o@i file in the City Engineer's office. This Ordiiiance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteeiith day of May, Nineteen HuLidred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 20 - Item 11-1.8 PLANNING ITEM # 23607 Ray Birdsong, represented the Kempsville Manor Civic League, spoke in opposition and presented a petition containing the names of 160 residents opposing the application (said petition is hereby made a part of the record) Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of PAUL R. THOMPSON for a Charige of Zoning as per the following: ORDINANCE UPON APPLICATION OF PAUL R. THOMPSON FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FOR A CHANGE OF ZONING FROM R-5 To 0-1 Ordinance upon application of Paul R. Thompson for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on cer- tain property located at the southeast corner of Princess Anne Road and White Oak Drive. Said par- cel is located at 505 White Oak Drive and contaias 10,254 square feet. Plats with more detailed in- formatio@i are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting; 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 - 21 - Item 11-1.9 PLANNING ITEM # 23608 Stanley F. Scott, the applicant, represented himself Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of STANLEY F. SCOTT for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF STANLEY F. SCOTT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO B-4 Z0585975 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Stanley F. Scott for a Change of Zoning District Classification from R-7 Residential District to B-4 Resort-Commercial District at the Northeast corner of 9th Street and Cypress Avenue on Lots 29, 31, and 33, Block 38, Shadowlawn Heights. Said parcels contain 9,000 square feet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of May, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 2 2 Item II-I.10 PLANNING ITEM # 23609 Richard L. Grimstead, AIA, Architect, represented the applicant The City Attorney requested DEFERRAL of the application to allow revision of the AGREEMENT by the Planning Department, and the City Attorney's Office. Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council DEFERRED for three weeeks until the City Council Meeting of June 3, 1985, an Ordinance upon application of GASTON F. DOUGH, JR., AND JAMES GALLAGHER for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF GASTON F. DOUGH, JR., AND JAMES GALLAGHER FOR A CHANGE OF ZONING FROM A-1 TO B-4 Ordinance upon application of Gaston F. Dough, Jr., and James Gallagher for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on Lots 11, 13, and 15, Block 20, Virginia Beach Development Co. Said parcels are located at 311, 313, and 315 15th Street and con- tain 21,000 square feet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenniags, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 - 23 - Item II-1.11 PLANNING ITEM # 23610 AttorDey Gary Byler represented the applicant and requested the Change of Zoning from R-8 Residenital District to A-2 Apartment District be AMENDED to A-1. Bernard Silvergerg, President the Kempsville Garden Civic Association, spoke in opposition Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of MERRITT CHAUNCY KRAHENBILL, EXECUTOR, ESTATE OF CHRIS W. KRAHENBILL, for a Change of Zoning as per the following: ORDINANCE UPON APPLICAT10N OF MERRIT CHAUNCY KRAHENBILL, EXECUTOR, ESTATE OF CHRIS W. KRAHENBILL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO A-2 Ordinance upon application of Merritt Chauncy Krahenbill, Executor, Estate of Chris W. Krahenbill, for a Change of Zoning District Classification from R-8 Resi @.tial District to A-2 Apartment District on certain property located on the east side of Princes5 Anne Road, 400 feet north of Baxter Road. Said parcel contains 2.38 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: May 13, 1985 None - 24 - Item II-J. ORDINANCES ITEM # 23611 William E. Holt, Treasurer of the Council of Civic Organizations, spoke in opposition to increase in Budget David Hewes, Presideiit of Princess Anne Lodge #8 Fraternal Order of Police, spoke concerning the proposed cost of living increase for City Employees A motion was made by Councilman Jeniiings, seconded by Councilwoman Henley to decrease the SCHOOL BUDGET by $188,071 for the Fiscal Year 1985-86. Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Councilwoman Creech, City Council voted concerning the revisions submitted to the FY 1985-1983 Proposed Operating Budget (copy of said revisions are hereby made a part of the record) to the following: 1. The effective date for the City employees across-the-board increase will be chaiiged from 4dly-+T-+985 to Septembef- 17-.1995- September 1, 1985 to July 1,1985 - 6647999 + 667,000 Eliminate No. 10. +O. +--946T231 + 273,231 (The balailce of $273,231 can be placed in a surplus undesignated fund.) Voting: 8-3 Council Members Voting Aye: John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and and Me@era E. Oberndorf Council Members Voting Nay: Barbara M. Henley, H. Jack Jeniiings, Jr., and Robert G. Jones. Council Members Absent: None May 13, 1985 24a OFFICE OF THE CITY MANA(IER MUNICIPAL CENTER iw4) 427@ VIRGINIA BEACH. VIRGINIA 23.WOW2 may 9, 1985 The Tionorable Mayor Members of the Council Dear Council Members: At the budget vorkshops and at the first reading of the budget, Council approved various revisions to the PY 1985-1986 Proposed Operating Budget. In total these revisions reduced the budget by $2,680,326 to the amount of $385,129,077.. Below I have summarized those revisions: Proposed FY 1985-1986 Appropriations $ 387,809,403 1. The effective da te for the City employees across-ttie-board salary increase will be changed from Jitly 1, 11,95 to September 1. 1985. - 667,000 2. The salary increase for "classified" School '3oard employees will change from a 7.5% across-the-board and a one step merit to a 5% across-the-board and a two step merit. - 200,000 3. The contribution to the Committee for Inter- goverrtmental Tax Equity will be eliminated. - 5,000 4. The fund ing for the 'Accelerated Highway Construction PY 1985-1986 Capital Rudget" will not be included in the budget. - 3,000,000 5. The City will contribute funds for the construction of the Veterans Memorial. + 25,000 6. The conttibution to the Fndependence renter will be increased from $29,105 to $33,848. + 4,743 7. A contribution will be provided to the Volunteers of America agency to reimburse them for FY 1985-1986 real estate t--Nes due to the City. + 5,500 KAR/2 IYTTER17-1 May 13, 1985 24b - -2- Letter to Members of Council may 9, 1985 8. A contribution to the YWCA's Women-in-Crisis program will be added to the budget. + 16,200 9. Funding for the engineering of the Burton Station capital project will be included in the budget. + 200,000 10. A reserve will be added for the potential increase in employee health insurance benefits. + 940,231 Council Recommended FY 1985-1986 Appropriations $385 129 077 Proposed FY 1985-1986 Estimated Revenues $ 387,809,403 1. Funding from the Undesignated General Fund Balance will not be used to support the budget. - 2,680,326 Council Recommended FY 1985-1986 Estimated Revenue $ 385,129,077 Council also recommended a $1,500,000 challenge grant for the construction of the Virginia Beach Arts Center. However, this grant will not be included in the operating budget, but instead will be considered at a later date. I wish to express to Council my appreciation for the time and effort you have contributed towards the review of the budget. Sincerely yours, ec City Manager THM/WCK/kar KAR/2 LETTER17-2 May 13, 1985 - 25 - item II-J-1a. ORDINANCES: ITEM # 23612 Upon motion by Counciman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED the following ordinance, as further AMENDED: ORDINANCE, ON SECOND READING, MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1985, AND ENDING JUNE 30, 1986, IN THE SUM OF THREE-HUNBRED-EIGHTY-SEVEN-Mihl,+9N E+614T-HUNDRED-NINE-T-14GUSANE)T-FOUR-HUNDRED-THREE-DOLEARS- ($494TS09T493) THREE HUNDRED EIGHTY-FIVE MILLION, ONE HUNDRED TWENTY-NINE THOUSAND, SEVENTY-SEVEN DOLLARS ($385,129,077) FOR OPERATIONS AND GNE-HUNDRED-fWENTY- ONE HUNDRED TWENTY-TWO MILLION, FIVE HUNDRED SIXTY-SIX THOUSAND ONE HUNDRED NINETY-FIVE DOLLARS ($122,566,195) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OU-T OF THE CITY TREASURY, AS AMENDED. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jone6, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley, H. Jack Jennings, Jr., and Robert C. Jones. Council Members Absent: None May 13, 1985 -25a AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1985 AND ENDING JUNE 30, 1986, IN THE SUM OF THREE HUNDRED EIGHTY-FIVE MILLION, ONE HUNDRED TWENTY-NINE THOUSAND, SEVENTY- SEVEN DOLLARS ($385,129,077) FOR OPERATIONS AND ONE HUNDRED TWENTY-TWO MILLION, FIVE HUNDRED SIXTY-SIX THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS ($122,566,195) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MNEY OUT OF THE CITY TREASURY, AS AMENDED. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1985, and ending June 30, 1986, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating FIVE HUNDRED SEVEN MILLION, SIX HUNDRED NINETY-FIVE THOUSAND, TWO HUNDRED SEVENTY-TWO DOLLARS ($507,695,272) consisting of ONE HUNDRED TWENTY-TWO NLLLION, FIVE HUNDRED SIXTY- SIX THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS ($122,566,195) in interfund trans- fers and THREE HUNDRED EIGHTY-FIVE MILLION, ONE HUNDRED TWENTY-NINE THOUSAND, SEVENTY-SEVEN DOLLARS ($385,129,077) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1985-86, are hereby appropriated subject to the conditions hereafter set forth, for the year 1985-86, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1985 and ending June 30, 1986 as follows: Budget Item of Expenditures 1985-1986 GENERAL FUND: Legislative Department: Municipal Council $ 298,467 City Clerk 204,010 Total $ 502,477 Executive Department: City Manager $ 595,497 Public Information Office 268,813 Cable TV 269,312 Public Information Office - Operations 102,013 Total $ 1,235,635 -1- May 13, 1985 Budget Item of Expenditures 1985-1986 GENERAL FUND: Law Department: City Attorney $ 1,179,524 Finance Department. Commissioner of the Revenue $ 1,640,646 Board of Equalization 12,770 City Real Estate Assessor 995,569 Treasurer 1,954,685 Director of Finance: Administration 273,279 Accounting 985,076 Payroll 184,357 Business License Audit 269,755 Independent Auditing 63,000 Purchasing 400,836 Total $ 6,779,973 PERSONNEL DEPARTMENT: Administration $ 167,966 Employee Relations 190,690 Testing and Selection 227,709 Wage and Salary 224,565 Training 88,100 Total $ 899,030 Judicial Department: Circuit Court $ 158,266 General District Court 41,839 Juvenile and Domestic Relations District Court 26,310 Public Defender 10,000 Commonwealth's Attorney 1,227,476 Commonwealth's Attorney - Social Services Fraud 59,199 Consumer Protection 130,007 Sheriff's Office 604,482 Correctional Operations: Court Support Services 398,370 Treatment 772,785 Custodial 2,421,498 Clerk of the Circuit Court 328,144 Magistrates 15,044 Juvenile Probation: Management and Support 554,393 Intake Unit 296,710 Diversion Unit 187,239 Field Units 660,522 Total $ 7,892,284 Health Department: Preventive Medicine $ 1,473,300 Occupational Health 270,693 Total $ 1,743,993 Social Services Department: Director of Social Services $ 5,976,959 Public Assistance 1,692,500 Hospitalization 656,300 Total $ 8,325,759 -2- Budget Item of Expenditures 1985-1986. Police Department: Adminiatration: Police Chief's Staff $ 1,107,206 Planning and Analysis 289,626 Personnel and Training 448,867 Services 2,041,970 Uniform Division: Auxiliary Police 44,983 Patrol and Administrative Support 10,294,823 S.P.O.T. 3,273.955 Communications Division 2,169,543 Investigative Division 3,127,877 Animal Control 823,393 Medical Examiner 8,000 Total 23,630,243 Public Works Department: Administration: Director's office $ 193,322 Real Estate Office 335,996 Business Office 186,960 Highway Division: Administration 650,502 Inspections 987,218 Street Maintenance 5,090,858 Drainage Maintenance 1,632,274 Bridge Maintenance 1,485,617 Engineering Division: Administration 267,593 Plan Review 376,117 Surveying 610,922 Mapping 1,646,947 Drafting 257,160 Waterfront operations/Inspections 180,058 Special Projects 262,425 Building Construction 408,990 Traffic Engineering Division: Design and Administration 3,679,926 operations 2,089,596 Solid Waste Division: Solid Waste Administration 181,043 Refuse Disposal 1,432,505 Refuse Collection 8,246,710 Sanitation inspections 241,814 Solid Waste Transfer Station 520,370 Back Bay Salt Water Project 79,916 Total $ 31,044,839 Parks and Recreation: Director of Parks and Recreation $ 341,876 Parks and Maintenance; Administration 173,276 Construction and Maintenance 2,658,454 Parks and Beaches 1,038,023 Golf Courses: Red Wing Golf Course 515,944 Bow Creek Golf Course 383,352 owl Creek Munici@al Tennis Center 21,481 Boardwalk Trains 18,351 Recreation: Virginia Beach Recreation Center (Kempaville) 930,681 Bow Creek Recreation Center 265,657 Administration 388,356 Adult Activities 381,320 -3- Budget Item of Expenditures 1985-1986. Parks and Recreation: (concluded) Recreation: (concluded) Youth Activities $ 689,980 Athletics 359,363 Shakespeare Festival Program 22,350 Therapeutic Program 281,485 Parks and Recreation Programs - Self-Supporting 29,600 Total 8,499,549 Library Depart'lent: ni. tr.ti.n. Admi Administration $ 265,124 Programming and Community Services 50,140 Public Services: Great Neck Area Library 219,318 Bayside Area Library 231,150 Oceanfront Area Library 206,035 Kempsville Area Library 242,583 Windsor Woods Area Library 234,339 Information Services 491,744 Extension Services 360,784 Special Services 158,913 Collection Management and Automated Services: Technical Services 434,710 Automated Services 162,139 Collection Development 568,070 Information Services: Municipal Reference 120,658 Total $ 3,745,707 Planning Department: Management and Support $ 407,552 Comprehensive Planning 361,079 Operations 411,336 Total $ 1,179,967 Agriculture Department: Administration $ 139,884 VPI Extension Services 226,368 Farmers' Produce Market 134,388 Environmental Services 64,915 Total $ 565,555 Department of Economic Development: Director of Economic Development $ 205,242 Civic Center 76,460 Tourist Development 2,020,068 Industrial Development 527,498 Convention Promotion 411,837 Pavilion 1,102,595 Parking Lots 17,665. Total $ 4,361,365 Department of General Services: Administration: Director of General Services $ 158,058 Employee Safety 92,880 Building Maintenance: Management and Support 3,212,864 Electrical 396,800 Heat and Air Conditioning 587,564 General Maintenance 1,595,823 Custodial 1,747,545 -4- Budget Item of Expenditures 1985-1986 Department of General Services: (concluded) Landscape Division: Superintendent of Landscape Services $ 303,618 Grounds Maintenance 1,711,579 Beautification 1,238,522 Clean Community 36,243 Beach Maintenance 290,791 Street Cleaning 234,352 Mail Distribution 179,880 Total $ 11,786,519 Boards and Commissions: General Registrar $ 370,787 Resort Area Advisory Commission 543,738 Mosquito Control-Kempsville/Bayside 522,371 Hosquito Control-Princess Anne 381,098 Mosquito Control-Virginia Beach/Lynnhaven 494,103 Zoning Board of Appeals 14,656 Arts and Humanities Commission 299,409 Mass Transit Operations 720,000 Wetlands Board of Virginia Beach 14,622 Department Volunteer Council 36,036 Erosion Commission 1,768,931 Total $ 5,165,751 Non-Departmental: Contributions $ 769,792 Employee Training and Special Benefits 415,989 Total $ 1,185,781 Fire Department: Administration $ 404,883 Fire Prevention 961,444 Fire Suppression 10,416,316 Training 379,589 Forestry 10,790 Total $ 12,173,022 Department of Data Processing: Administration $ 299,749 Systems and Programming 1,168,746 Computer Operations 1,945,209 Central Files 286,937 Total $ 3,700,641 Department of Permits and Inspections: Administration $ 488,778 Housing Code Enforcement 227,588 Building Inspections 787,543 Zoning Code Enforcement 299,460 Weights and Measures 97,356 Total $ 1,900,725 Department of Mental Health: Board Office $ 246,979 Comprehensive Mental Health: Program Clinical Support 273,728 Geriatric Services 111,047 outpatient Services 377,782 Community Rehabilitation 608,677 Emergency Services 395,626 Child and Youth Services 437,442 -5- Budget item of Expenditures 1985-1986 Department of Mental Health: (concluded) Mental Retardation/Developmental Disabilities: Program Support $ 234,622 Residential Services 182,142 Adult Services 299,036 Transportation Program 80,672 Respite Care Program 74,198 Infant Stimulation Program 85,495 Substance Abuse Services 868,284 Alcohol Safety Action Program 243,911 Alcohol Detoxification 264_2@7 Total $ 4,783,908 Offices; Information System Coordination Office 75,211 Office of Emergency Services 237,756 Office of Emeriency Medical Services 743,375 Virginia Museum of Marine Sciences 784,113 office of Research and Strategic Analysis 271,086 Office of Budget and Evaluation 458,477 Total $ 2,570,018 Transfers to Other Funds: $ 118,588,367 Reserve for Contin encies: ,g Regular $ 773,231 Salary 5,650,000 Microcomputers 500,000 Total $ 6,923,231 TOTAL RENERAL FUND $ 270,363,863 WATER AND SEWER FUND: Department of Public Utilities: Director's Office $ 253,342 Engineering 2,272,651 Water Production/Resources 7,935,758 Operations Administration 792,673 Water Distribution 2,098,223 Water Production 1,429,747 Sewer Collection 1,803,724 Sewer Pump Stations 2,566,117 Customer Services 3,495,248 Total $ 22,647,483 Revenue Bond Debt Service: $ 9,896,326 Transfer to Other Funds: $ 3,977,828 Reserve for Contingencies: Regular $ 678,113 Salary 312,305 Total $ 990,418 TOTAL WATER AND SEWER FUND $ 37,512,055 -6- Budget item of Expenditures 1985-1986 SCHOOL OPERATING FUND: Department of Education: Administration $ 1,611,243 Research, Planning and Development 405,883 Instruction 88,643,551 Other instructional Costs 11,134,215 Attendance and Health 2,221,623 Pupil Transportation 5,863,368 Operation of School Plant 11,044,324 Maintenance of School Plant 5,939,771 Fixed Charges 30,222,875 Summer School 421,204 General Adult Education 355,630 Basic Adult Education 251,340 Vocational Adult Education 313,672 Capital Outlay 3,080,184 TOTAL EDUCATION $ 161,508,883 LAW LIBRARY FUND: Library Department: Law Library $ 91,118 Reserve for Contingencies: Salary $ 2,651 TOTAL LAW LIBRARY FUND $ 93,769 GENERAL DEBT FUND: Debt Service $ 33,561,852 PENDLETON CHILD SERVICE CFNTER FUND: Judicial Department: Pendleton Child Service Center $ 584,905 Reserve for Contingencies: Salary $ 23,204 TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 608,109 TIDEWATER VIRGINIA ASAP FUND: Department of Mental Health: Tidewater Virginia ASAP $ 1,168,421 Reserve for Contingencies: Salary $ 32,181 TOTAL TIDEWATER VIRGINIA ASAP FUND $ 1,200,602 COMMUNITY DEVELOPMENT FUND: Execu Community Development Administration $ 381,203 Rehabilitation Administration 169,296 Total $ 550,499 -7- Budget item of Expenditures 1985-1986. Reserve for Contingencies: Salary $ 19,000 TOTAL COMMUNITY DEVELOPMENT FUND $ 569,499 SCHOOL CAPITAL PROJECTS FUND: Department of Education: School Construction $ 1,104,000 ENGINEERING AND HIGHWAYS CAPITAL PROJECTS FUND: Public Works Department: Highway Construction $ 910,640 WATER AND SEWER CAPITAL PROJECTS FUND: Department of Public Utilities: Water Construction $ 73,000 Sewer Construction 189,000 TOTAL WATER AND SEWER CAPITAL PROJECTS FUND $ 262,000 TOTAL BUDGET $ 507,695,272 Less: Interfund Transfer 122,566,195 NET BUDGET $ 385,129,077 Section 2. Subject to the provisions of Chaper 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of permanent positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not ex- ceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. -8- Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 1986, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1986. Section 6. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each budget unit included in this Ordinance. The City Manager or the Assistant City Manager for Analysis and Evaluation is hereby authorized to approve transfers for appropriations within any depart- ment or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appropriations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are dif- ferent from the classes shovn in the budget document. in addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for across-the-board salary increases approved by City Council and for microcomputers from the microco Section 7. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment of interest or bonds on the bonded debt of the City Goverrunent or the former political subdivisions of Virginia Beach and Princess Anne County. -9- Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenty and one-half cents (20.5cts) per mile of actual tra- vel for the first 15,000 miles and eleven cents (110) per mile for additional miles of such use within the fiscal year. Section 9. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, including payments to employees of the School Board. Section 10. That this Ordinance shall be in effect from and after the date of its adoption. Section 11. ;hat if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitu- tional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: May 6, 1985 Second Reading: May 13, 1985 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of May 1985. -10- May 13, 1985 - 26 - Item 11-J.lb ORDINANCES ITEM # 23613 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, establishing the tax levy of REAL ESTATE for Tax Fiscal Year 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Healey, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 - 26a - AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1986 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. A14OUNT OF LEVY ON RFAL ESTATE- There shall be levied and collected for fiscal year 1986 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, a rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section Bhall be applied on the basis of one hundred per- centum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section ;g 512 1 58.1-2604 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO- VIDED FOR IN SECTION 58.1-2604 OF THE CODE OF VIRGINIA (1950), As AMENDED. There shall be levied and collected for general purposes for fiscal year 1986 taxes on all Public Service Real Property, which has not been equalized as pro- vided for in Section 68 512 1 58.1-2604, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58 514 2 58.1-2606 of the Code of Virginia (1950), as amended. Section 3. AMOUNT OF LEVY ON -CERTIFIED POLLUTION OONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1986 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. -1- 26b - Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. First Reading: May 6, 1985 Second Reading: May 13, 1985 1 Adopted by the Council of the City of Virginia Beach, Virginia, on thel3 day of May 1985. May 13, 1985 -2- 2 7 Item II-J.1c. ORDINANCES ITEM 23614 Uon motion by Councilwoman Oberndorf, seconded by Councilman Feiitress, City Council ADOPTED an Ordinance, on SECOND READING, establishing the tax levy on PERSONAL PROPERTY and MACHINERY AND TOOLS for the Calendar Year 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 13, 1985 - 27a - AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR TRE CALENDAR YEAR 1986. BE IT ORDAINED BY THE OOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF IEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1986 calen- dar year taxes on all tangible personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 2. AMOUNT OF IZVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO- PERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calendar year 1986 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, a rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The personal property rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of sucb personal property. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. There shall be levied and collected for the calendar year 1986 for general purposes taxes on all boats or watercraft under five tons burthen used for busi- ness or pleasure, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of fifty percentum (50%) of the fair market value of such personal property. -1- Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1986 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxa- tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLE14ENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1986 cale@ dar year, taxes on all farm machinery and Implements, farm tools, and farm live- stock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 6. AMOUNT OF IEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1986 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair ibarket value of such machinery and tools. Section 7. AMOUNT OF LEVY ON AIRCRAFT. There shall be levied and collected for the calendar year 1986 for general purpose taxes on all aircraft defined in Section SSg 829 i 58.1-3506 of the Code of Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such aircraft. -2- Section 8. AMOUNT OF IEVY ON ANTIQUE AJJTOMOBILES- There shall be levied and collected for the calendar year 1986 for geueral purpose taxes on a@l antique automobiles defined in Section 46.1-1 of the Code of Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such antique automobiles. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT There shall be levied and collected for the calendar year 1986 for general purpose taxes on all heavy construction machinery as defined in Section 99 929 a 58.1-3506 of the Code of Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such heavy construction equipment. Section 10. AMOUNT OF IZVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE- PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1986 for general purpose taxes on all Research and Development Business tangible personal pro- perty, not exempt from taxation, at the rate of one dollar ($I) on each one hun- dred dollars ($100) of assessed valuation thereof. The tax imposed by this sec- tion shall be applied on the basis of fifty percentum (50%) of the fair market value of such Research and Development Business tangible personal property. Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT. There shall be levied and collected for the calendar year 1986 for general purpose taxes on all energy conversion equipment defined in Section is 931 01 58.1-3506 of the Code of Virginia (1950), as amended, at the rate of one dollar ($l) on each one hundred ($100) of assessed valuation thereof. The.tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such energy conversion equipment. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE. There shall be levied and collected for the calendar year 1986 for general purpose taxes on all computer hardware used by businesses primarily engaged in -3- providing data processing service to other nonrelated or nonaffiliated busi- nesses, not exempt from taxation, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the value of such computer hardware to be determined as specified in Section 58 829 9 58.1-3506 of the Code of Virginia, as -ended. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY. There shall be levied and collected for the calendar year 1986 for general purpose taxes on all privately owned pleasure boats and watercraft used for recreational purposes only, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of fifty percentum (50%) of the fair market value of such personal prope@. Section 14 14. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section @ 15. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1986. First Reading: May 6, 1985 Second Reading: May 13, 1985 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of May 1985. -4- - 28 - Item II-J.I.d ORDINANCES ITEM # 23615 Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City Council ADOPTED, on SECOND READING, ai) Ordinance to amend and reordain Section 35-181 and add Section 35-183.1 to Chapter 35, Article VIII of the Code of the City of Virginia Beach, Virginia, pertaining to ADMISSIONS TAX. *This Ordinance was ADOPTED in error on May 6, 1985. The Ordinance should have stated: "APPROVED, on FIRS'L READING". Voting: 11-0 Council Members Voting Aye: John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members AbseLit: None May 13, 1985 28a AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-181 AND ADD SECTION 35-183.1 TO CHAPTER 35 ARTICLE VIII OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ADMISSIONS TAX BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT SECTION 35-181 IS HEREBY AMENDED AND REORDAINED AND SECTION 35-183.1 IS HEREBY ADDED AS FOLLOWS: Section 35-181. Definitions. The following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Admission charge. "Admission charge" means the charge made for admission to any amusement or entertainment, exclusive of any federal tax thereon, including a charge made for season tickets, to all clubs and organizations for amusement and entertainment. City treasurer. 'City treasurer' means the treasurer of the city and any of his duly authorized deputies and agents. Comissioner of revenue. *Commissioner of revenue" means the commissioner of revenue of the city and any of his duly authorized deputies and agents. Place of amusement or entertairanent. "Place of amusement or entertainment" means any place in the city wherein or whereat any of the following, or amusements or entertainments similar to the following, are located, conducted, performed, exhibited and operated: Circuses, carnivals, menageries, amusement parks, moving-picture shows, fairs, shows and exhibitions of all kinds; dances; basketball, football, wrestling, boxing and sports of all kinds; swimming pools, bowling alleys, roller rinks, golf courses, miniature golf eaurses, charter boats, drift boats, party boats solely operated within the corporate limits and within one mile into the adjacent May 13, 1985 - 28b - waters, and other such things of a similar nature; concerts, theatrical, vaudeville, dramatic, operatic and musical performances and performances similar thereto; lectures, talks, literary readings, and performances similar thereto; such attractions as merry-go-rounds, Ferris wheels, roller coasters, leap-the-dips and the like, and all other public amusements, performances and exhibitions not specifically named herein; and any roof garden, cabaret or other similar place furnishing a public performance for profit, which shall include any room in any hotel, restaurant, hall or other public place where music and dancing privileges or any other entertainment is offered the patron in connection with the serving or selling of food, refreshments or merchandise. A performance shall be regarded as being furnished for profit for purposes of this article even though the charge made for admission, refreshment service or merchandise is not increased by reason of the furnishing of such performance. Special tax auditor. "Special tax auditor" means the special tax auditor of the city and any of his duly authorized deputies and agents. Section 35-183.1. Exception for certain participatory s]Eorts. Notwithstandin other section of this article, there shall be no tax payable on charges made for participating in the following participatory sports:- golf cours s, tennis, bowling, swimming, and roller skating. However, admission charges for observing these sports shall be subject to the tax. Adopted by the City Council of the City of Virginia Beach, Virginia on the 13 day of May 1985. FIRST READING: May 6, 1985 AS TO Cn%-T,, SECOND READING: May 13, 1985 SIGNATUlt MES/re 4/25/85 (ORD I) APPIICVC-ii .111, -.3 i!oILM CITY ATTORNEY - 29 - Item II-J.2. ORDINANCES ITEM # 23616 Upoii motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, CitY Council APPROVED an Ordinance, on FIRST READING, to amend aDd reordain Section 35-115 of the Code of the City of Virginia Beach pertaining to UTILITY TAXES. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf Council Members Voting Nay: Notie Council Members Absent; None May 13, 1985 29a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-115 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO UTILITY TAXES BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT SECTION 35-115 OF THE CODE OF THE CITY OF VIRGINIA BEACH IS HEREBY AMENDED AND REORDAINED AS FOLLOWS: Sec. 35-115. Levied; amount; exclusions. (a) For each year, beginning January first and ending December thirty-first of each such year, unless otherwise changed by the council, there is hereby imposed and levied by the city, upon each residential purchaser of a utility service, a tax in the amount of twenty (20) percent of the charge, exclusive of any federal tax thereon, made by the seller against the purchaser with respect to each utility ser- vice. -a R d. i @ a dd i-4:6o w -t he r-e -i s- 6e i-e Ii y- *a p-o s e-d & ng @e v4 e 4- - by -t he of-Lh& @arg-e, wxc-ept-as- o,t.kocw.i@ @EKn- pco-vi-d@,d-I -e)bclc@ve-o4-awy-f--dLPel- tax-t-hei-e@@ @@ @ .4@ p.*r""Qr wt" awst@t-40-eachwt4.1@t@ "@@e- W,i,rh-r-es-pert-to the -commemi-al- p-mr@as-ers-of @e4epYm@s-er-ri@-,- L-he- t,a,x-e4el.l -be @w-ei4ty- (2N -parc.Qnt.@@sic -c@@s-.f4Dr. Iocal-exrhang4o &eLeph"e-@r-miGe, and-ail@@Qc@Qrvices. liro*i@4 @n-coRnec4"n.@ith "al. &Kcka.Rge te@pAo4*eseovi-ce. &hali, 6@ ra&edat "r.44).PQ@ept- .4@@ (1) There is excluded from the tax imposed and levied by this section so much of the charge, exclusive of any federal tax thereon, made by the seller against the purchaser for gas, electricity or water service as is, for each such service, in excess of twelve dollars ($12.00) for any single-family unit for any month or part of a month. Where more than one single-family unit is served by one meter, in computing such maximum of twelve dollars ($12.00), the same shall be multiplied by the number of single-family units served by such meter. May 13, 1985 - 29b - 4-d 2) There is excluded from the tax imposed and levied by this section so much of the charge, exclusive of any federal tax thereon, made by the seller against the purchaser for residential telephone service as is in excess of twelve dollars ($12.00) for any month or part of a month. @ -Tke-tac-6ape-s@.d-boi-t4lio-eoct-c@sM41. -not-be-a-pp-l@d to-a.Ry- @r-t@m-ok .0 moot@l?.c4pafge-fec &@ gt@l-w .or- in4uatwiwA -pur@@eT-the@ &xoQe@-f.&u-P -hu@d-d&ll."ra -+$4,044..@O-). @-cke@r-roges. tke-wQxdc-"@mme-mo4al. Qr-indiur-t-g@l, 4io4, be &@nQtNc64 ro i6no4ude-a-v@ct6aacy- i,& .6h4a Wis4nes-a &f.weat-&ng- "aptm&n@ -@r@t-ket- "c.4 4weal4ng- Lmi@ -as-te- wti-i@y-s&rv4c-e f-u@s@d-d4r,-cb4y-t& &n &pa-ptne" &w c+@r-Goc@dwel-4i-mg-uo-i*t prow@e4, @wQv4w , @hct@u*l"y-soc*ic." -@ @h. pmr-o@@a. &@owgu. &c@race-@t@s-f@w @iew@g-pool-c,-o*tg4de- @@ti-ng -an4 otUer-aoc@@ *G" @"I .6e@&ema-d &OmmeF*ial @-E @d.As4w+Ql@wpc4asQs,. (b) For each year, beginning January 1st and ending December 31st of each such year, unless otherwise changed by the council, there is hereby imposed and levied by the city, upon each commercial or industrial purchaser of an electric, gas, or water utility service, a tax in the amount of fifteen (15) percent of the first $500 of the monthly charge, and five (5) percent on the amount between $500 and $1,600 of the monthly charge for any single billing for electric, gas, or water service, exclusive of any federal tax thereon, made by the seller against the purchaser with respect to each utility service. The tax imposed by this section shall not be applied to any portion of a monthly charge for any single electric, gas, or water utility service to a commercial or industrial purchaser that exceeds one thousand six hundred dollars ($1,600.00). With respect to the commercial purchasers of telephone services, the tax shall be twenty (20) percent on basic charges for local exchange May 13, 1985 - 29c - telephone service, and all other services provided in connection with local exchange telephone service shall be taxed at four (4) percent. The tax imposed by this section shall not be applied to any portion of a monthly charge for any single telephone utility service to a commercial or industrial purchaser that exceeds four hundred dollars ($400.00) . (c For the purposes of this section, the words "commercial or industrial purchaser" shall not be construed to include a purchaser in the business of renting apartments or other such dwelling units as to utility service furnished directly to an apartment or other such dwelling unit; provided, however, that utility services purchased by such purchaser through separate meters for hallways, swimming pools outside liphtinp and other accessory uses shall be deemed commercial or industrial purchases. This ordinance shall be ef f ective sixty ( 60) days f rom adoption. Eo AS TO CONTEt4lS- API rt) AS FIRST READING: May 13, 1985 SECOND READING: May 13, 1985 - 30 - Item II-K CONSENT AGENDA ITEM # 23617 Upoii motion by Councilwoman Oberodorf, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items I through 6 of the CONSENT AGENDA with the exception of Item 2 which was voted on separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor iiarold Heischober, Barbara M. Henley, B. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 31 - Item II-K.1 CONSENT AGENDA ITEM # 23618 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a Resolution in support of thd continuation of the VIRGINIA BEACH CLEAN COMMUNITY PROGRAM with grant fudding to be furnished by the State Division of Litter Control. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Couacil Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 31 - R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach recognizes the existence of a litter problem within the city; and WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for grants for the purpose of enhancing local litter control programs; and WHEREAS, the Virginia Beach Clean Community Program is in its seventh year of funding under this program; and WHEREAS, in order for the eighth year funding application to be forwarded to the Division of Litter Control, said application must be endorsed by Council. NOW, THEREFORE, BE IT RESOL17ED THAT the Council of the City of Virginia Beach endorses and supports the continuation of the Virginia Beach Clean Community Program with grant funding to be furnished by the Division of Litter Control of the State of Virginia. BE IT FURTHER RESOLVED THAT the Department of Conserva- tion and Economic Development, Division of Litter Control, is hereby requested to consider and approve said grant application and program, said program being in accord with the regulations governing the use and expenditure of these funds. Adopted this 13 day of May 1985. Af-PIZOVED AS 10 CONTENT IGNAI-'J@E I)EPA"ITMENT TO R May 13, 1985 - 32 - item II-K.2 CONSENT AGENDA ITEM # 23619 Miss Novella Joyner, the applicant represented herself Maryann I. Ustick, Director of Community Development, spoke concerning the application John Perry, represented the Burton Station Civic League, and spoke in opposition Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED a Resolution authorizing the enlargement of the nonconforming structure located at 1229 Barrs Road (Property of NOVELLA JOYNER). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. May 13, 1985 32a - RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE NONCONFORMING STRUCTURE LOCATED AT 1229 BARRS ROAD (PROPERTY OF NOVELLA JOYNER) WHEREAS, Novella Joyner desires to construct an eight- foot by 26.5 foot addition to her single-family residence located at 1229 Barrs Road, Virginia Beach, Virginia, which enlargement is shown as the hatched area on that certain survey entitled "PHYSICAL SURVEY OF SITE B PROPERTY OF ARTHUR HAROLD (A PART OF OLD JAMES CORNICK FARM) LOCATED NEAR BURTONS STATION PRINCESS ANNE CO. VA. 1229 BARRS ROAD VIRGINIA BEACH, VIRGINIA FOR NOVELLA JOYNER" (the 'Survey"), a copy of which is attached hereto and made a part hereof; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because single-family residences are not allowed in the I-1, Light Industrial District; and WHEREAS, pursuant to S105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use and the enlargement of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as enlarged are equally appropriate or more appropriate to the zoning district than are the existing nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use and the enlargement of the nonconforming single-family residence, located at 1229 Barrs Road, Virginia Beach, Virginia, as shown on the Survey, are equally appropriate or more appropriate to the zoning district in which they are located t-han are the existing nonconformities; and the City Council hereby authorizes the enlargement or extension of the nonconforming use and the enlargement of the nonconforming structure in the manner shown on the Survey. Adopted by the Council of the City of Virginia Beach, Virginia, on May 13, 1985 Ci/da 5/7/85 - (2) 32b r.- ceprlrr r.-AY' 'er, ass we SI/RVFrf-o ,c PLAR, A?.'r, TtOAr ?'Hr r/rLE LIA'F$ AAD WAL@ APE AS SHOL'ff oN rmis Par. rHr ouiLtj?4=prlv ROAcH@A,rs. ii,irHIm rNc r/rli-L 4rS C (IIL gliv6s ow rHr P)?op 1256 NO. leaed A Ale.) %',l cillt orjpq^4c)qLy T/ 7L- , a -S -TE A so-*l 14 it 14 ti 41, r S;, 40. w 16.4APR.5 Rd4 D e zo 1.) PAfYSIC.41- STIRVACY lo@ .SlrE R,qop,cRry ar,4xrllz)Ap--- e,4 PAC7' OF 01-D iJ.4AfES CtlR.-VICA-* R@Af.) Z@TED OVEAR. A91JRTjOAIS Sr.4rldN PRIAF EESS #NNE C40. VA. IZZI @.#r)rS VIRSINIA 0,6A40.ql VIA*'SIAIIA IVOVEI-LA &/V YNE*T ernginc.,,ering services inc Civil Eriqi6t-'ir@ Land Sur,,rtying 3351 Stoiic-li@ro Rood Suil, 199 Virgin;o Beach Vir4iihio 23A52 (8041t,68-68'0@..".' - 33 - Item II-K.3 CONSENT AGENDA ITEM # 23620 Upon mation by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to amend and reordain Section 2 of the Code of the City of Virginia Beach, Virginia, by providing for a PUBLIC HEARING before appointment of SCHOOL BOARD MEMBERS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 33a AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY PROVIDING FOR A PUBLIC HEARING BEFORE APPOINTMENT OF SCHOOL BOARD MEMBERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: At least seven days (7) prior to the appointment of any School Board member, the City Council shall hold one or more public hearings to receive the views of the citizens within the' school district. The City Clerk shall cause public notice to be given at least ten days (10) prior to any hearing by publication in a newspaper having a general circulation within the City. This ordinance shall be effective July 1, 1985. Adopted by the Council of the City of Virginia Beach on the 13 day of May , 1985. (Note: For State law authority, see SS22.1-29.1 of the Code of Virginia, as amended.) JDB:jh 4/19/85 May 13, 1985 - 34 - Item II-K.4 CONSENT AGENDA ITEM # 23621 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing the City Manager to Execute an Agreement with TIDEWATER COMMUNITY COLLEGE to Produce ten television programs that will be of interest and benefit to senior citizens. Voting: 10-0 Council Members Voting Aye; John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 34a Requested by the Department of Housing and Comunity Development AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TIDEWATER C " UNITY COLLEGE TO PRODUCE TEN TELEVISION PROGRAMS THAT WILL BE OF INTEREST AND BENEFIT TO SENIOR CITIZENS WHEREAS, the City has available funds from the U. S. Department of Housing and Urban Development under the Community Development Block Grant Program in the Ninth Program Year; and WHEREAS, the Citizen's Advisory Committee desires to utilize these funds to address problems confronting senior citizens in the City of Virginia Beach; and WHEREAS, senior citizens are considered to be persons of low and moderate income for whom Community Development funds MAY be used; and WHEREAS, Tidewater Community College represents that it is qualified and willing to perfom the services in connection with the production of ten video tapes specifically produced to disseminate infomation that will be of benefit and of interest to senior citizens; and WHEREAS, Tidewater Comunity College has agreed to perfom these services in accordance with the tems and conditions of a contract providing for the sum of Fifteen Thousand Dollarg ($15,000). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIrlIA: The attached contract is hereby approved and the City Manager is hereby authorized and directed to sign the attached agreement with Tidewater Community College for the purposes referenced above and for the terrns and conditions inore fully specified in an agreement attached hereto and incorporated by reference. Adopted by tte Council. o.' tha Cit@, of Virginia Beach, Virginia, on the day of May 1985. APPROVE.0 AS TO CONTENT mary(nn gastick. Department APPROVED AS TO FORM - 35 - Item II-K.5 CONSENT AGENDA ITEM # 23622 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer $65,000 in appropriations from the City Garage Expansion Project to the ANIMAL CONTROL BUILDING ADDITION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 35a - AN ORDINANCE TO TRANSFER $65,000 IN APPROPRIATIONS FROM THE CITY GARAGE EXPANSION PROJECT TO THE ANIMAL CONTROL BUILDING ADDITION WHEREAS, the current estimated costs for construction of the Animal Control Building Addition total $356,000, and WHEREAS, current appropriations for the addition are $291,000, necessitating an increase of $65,000, and WHEREAS, it is estimated that the completed City Garage Expansion project will have surplus appropriations in excess of$65,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that appropriations tolalling $65,000 be transferred from surplus funds for the City Garage Expansion project (#3-616) to the Animal Control Building Addition project (#3-808). This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of May 1985. p, May 13, 1985 - 36 - Item II-K.6 CONSENT AGENDA ITEM # 23623 Upon motion by Councilwomail Oberndorf, seconded by Councilman McCoy, City Council APPROVED the LOW BID of ATLANTIC X-RAY, in the amoant of $33,837.09, for the HUMAN RESOURCES RENOVATION - X-Ray Equipment; AND, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Votiilg Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 13, 1985 - 37 - Item 11-M.I. VIRGINIA BEACH SCENIC WATERWAYS PLAN CANOE TRAILS ITEM # 23624 Arthur Collins, SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, pre- sented the VIRGINIA BEACH SCENIC WATERWAYS PLAN. The City of Virignia Beach wished to examine the potential of these waters for Canoeing and other recreational attributes. This report was divided into five parts: NEEDS ASSESSMENT WATERWAYS INVENTORY ISSUE IDENTIFICATION RECREATIONAL POTENTIAL OF WATERWAYS RECOMMENDAED ACTIONS Virginia Beach needs approximately 32 more miles of Scenic or recreational waterways to meet the demands of the City alone. Beside the natural and man-made features of existing waterways, there are a number of other facts affecting the recreational potential of waterways: WATERWAY LINKAGE WATERWAY USE CONFLICTS LAND OWNERSHIP AND RIGHT-OF-WAY IMPACTS OF LAND DTVELOPMENT SAFETY MAINTENANCE SCENIC WATERWAY DESIGNATION RECREATIONAL FACILITIES AND SUPPORT SERVICE SIGNAGE PROMOTION COST The areas RECOMMENDED FOR IMMEDIATE ACTION are as follows: 1. West Neck Creek from Princess Anne Road to West Neck Road should be designated as the first link in Virginia Beach's Scenic Waterway System. 2. The City of Chesapeake sbould be contacted to begin co-ordi- nation for development of the trail from West Neck Creek to Pocaty River in Chesapeake. 3. A loop consisting of Ashville Bridge Creek, Muddy Creek and Hells Point Creek should be designated. Appropriate faci- lities and services should be provided. 4. Owls Creek should be promoted for tourist use in conjunction with the Marine Science Museum. 5. The unnamed tributary at Pungo Ferry Road should be de- signated. Councilwoman Oberndorf referenced a magazine entitled: "Canoeiiig and Kayakiag" continaing an article that promotes Virginia Beach most eloquently: "Virginia Beach, Virginia, a widely diverse chaiii of Rivers, Creeks alid Canals". This magazifie is distributed throughout the United States and Canada. NATIONAL GEOGRAPHIC MAGAZINE is doing a series of photographs depicring the City's scenic waterways which they photographed accompanying Lillie Gilbert. May 13, 1985 - 38 - item 11-M.l. VIRGINIA BEACH SCENIC WATERWAYS PLAN ITEM # 23624 (C..ti..@d) Upon motion by Councilwoman Oberndorf, seconded by Couacilman Baum, City Couacil ACCEPTED the SCENIC WATERWAY PLAN REPORT and instructed the Staff to structure Phase-In and make recommendations as to the City's financial obligation. Voting; 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 39 Item 11-M.2 NEW BUSLNESS STORMWATER MANAGEMENT PLAN Engineering Services ITEM # 23625 The City Manager referenced Memorandums of April 30, and May 2, 1985, advising City Council of ENGINEERING SERVICES required for THE STORM WATER MANAGEMENT PLAN. The project will consist of the following: a. Redefiiie/verify watersheds b. Recommend methods to handle rutioff from subwatersheds, i.e., pipe system, ditches, natural waterways, floodplains, etc. c. Evaluate existilig systems and recommend remedial actioll where needed. d. Develop a drainage plan - canals, collection system to re- ceiving waters. e. Budget estimate for any remedial action f. Priortize recommended projects g. Review the need/feasibility of a participatory drainage policy. h. Multiple use of certaiii drainage facilities for recreational purposes (such as a canoe trail), or as aesthetic amenities within neighborhoods. i. Establish water quality parameters including use of "Best Management Practices" to minimize rulicff j. Consistancy with scenic waterways plan k. Consistancy with Back Bay Watershed Management Plan and Lynnhaven Water Quality Plan City Engineer Donald Trueblood advised City Council of an Architect Engineering Selection process which has been approved by the City Council and requires the committee iiiterview various firms who are qualified, submit the recommendation to the City Manager, who in turn submits same to City Couiicil. Mr. Trueblood recommended not to specifically exclude any firm at this particular stage. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council AUTHORIZED the City Maiiager to "REQUEST A PROPOSAL" for engineering services to provide a STORMWATER MANAGEMENT PLAN for drainage. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClaiiall, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: May 13, 1985 None - 40 - Item II-M.3. NEW BUSINESS ITEM # 23626 TRT STUDY ADD-ON Couiicilman Jennings advised of an article appearing in the VIRGINIAN-PILOT/LEDGER- STAR concerning the construction of an Eastern Terminal Transportation Complex at the location where the Virginia Beach Civic Center is currently iocated. There was an inference that this rail service betweeil Norfolk and Virginia Beach was near completion. Councilman Jennings was assured that the RAIL SERVICE between Norfolk and Virginia Beach is currently no more than a FEASIBILITY STUDY. Item II-M.4 NEW BUSINESS ITEM # 23627 "DOGS ON THE BEACH" ADD-ON Councilman Jennings referenced a,letter from Councilman Fentress and himself, dated May 7, 1985, to the Mayor and Members of Council concerning the contro- versy surrounding "dogs on the beach" in the North Virgiiiia Beach area between 42nd and 89th Streets. An Ordinance regarding this particular subject will be on the City Council AGENDA May 20, 1985. May 13, 1985 - 41 - Item II-M.5 NEW BUSINESS VIRGINIA BEACH ARTS CENTER ADD-ON ITEM # 23628 Councilman Fentress referenced the City Manager's letter of May 10, 1985, concerning the $1.5 MILLION request for the VirSinia Beach ARTS CENTER be treated as a "CHALLENGE GRANT", City participation to be contingent on a like contributiou from the Commonwealth of Virginia. A motion was made by Councilman Fentress, seconded by Councilwoman Oberndorf to treat the $1.5 MILLION request for the VIRGINIA BEACH ARTS CENTER as a "CHALLENGE GRANT", pending state action. Motion and second were WITHDRAWN. By CONSENSUS, City Council will place on the AGENDA of May 20, 1985, a RESOLUTION to estabish a "CHALLENGE GRANT" of $1-112 MILLION to the VIRGINIA BEACH ARTS CENTER. May 13, 1985 4 2 Iteni II-N.1 ADJOURI,iMENT ITEM # 23629 Upoii inot:Lon by Coukicilinai, Bauni, BY ACCL@IATION, CitY COUL'Cil AI)JOIJRNLD the meetiiig at 5:25 p.iii. Bc Cliief Deputy CiLy Cl.erk P,dth Hodges Smin, CMC Mayor Harold Heiscliober City Clerk City of Virgi@iia Beacli Virgiiiia /bh May 13, 1985