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Home My WebLink AboutFEBRUARY 4, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" CFTY COUNCJL MA YOR BAROLD HEISCRO@. At L-9. VICE-MA YOR REBA S MCLANAN. P-.. A- B-vk JOHN A. RALW, M."W@ &-gh NANCY A. CRFECH, At L-9. ROBFRTE. @SS. V,@ B.-h @k BAJ?@ N @, P-P. @h H. JACK @INGS, JR., L@.k- @h LOUIS R. JOARES. Dw@ @h RODFRT G. JONE'S. At @ J. HENRY MCOY. JR.. K-P.@ @h A(EYERA E. OBERNDO@ At @, MI CnY HALL BUILDING RE7TH HODGES &WRN. CVC, Cilv Ckk CITY COUNCIL AGENDA MUVICLPAL @ VIRGINIA @ CH VIRGINIA M" m" 18041427-4= February 4, 1985 Virginia Beach City Council STAFF BRIEFING - Legislatlve Up-date - Conference Room - 12.-30 PM 12,Em 1. MBBTXNG OF VIRGINZA BEACH CZTR COUNCIL - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTXON TO RECESS INTO EXECUTIVE SESSION ITEM IX. REGULAR SESSION OF VZRGZNXA BEACH CITR COUNCIL - Council chambers - 2 PM A. XNVOCARXOK: Reverend Harold B. Thornton Christ Presbyterian Church B. PLEDGE OF ALLEGIANCE To THE FLAG OF THE UNITED STATES OF A14ERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CXTR MAJFAGER'S ADMINISTRATIVE RTEMS 1. Review of Consent Agenda E. MARORICOUNCZL - DISCUSSXON OF PERTRNENT MATTERS ITEM ii. F. MrNUrES 1. motion to acceptlapprove the Minutes of January 28, 1985. G. PRESENRATION 1. Resolutions in Recognition: a. Edvin Ke.Ilan - Arts and Humanities Commission b. Mary Russo - Volunteer Council c. Frank Williamson - Transportation Safety Commission H. PL"NXSG - RECONSIDEU7xOm 1. Request of Christ@ Broadcasting Network for waiver to condition of Use Permit approved January 16, 1984. 1 - PLANNXNG 1. Request of Floyd D. Svartz for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot d.imensions conform to the Comprehensive Zonlng ordinance. The applicant wishes to resubdivide three existing parcels totalling 15,360-square feet into one lot located along the south side of Lakeview Drive, southwest of Bromfield Avenue (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 2. Ordinance closing, vacating and discontinuing portions of Southern Boulevard, Maynard Avenue and Lavender Lane in the petition of Ernest L. and Phyllis A. Hudson (Kempsville Borough). a. Letter from the City Manager transmits the recommendation from the Planning Commission for ap,prova2; however, reflects the opinion of the Viewers this would be a public inconvenience. 3. ordinance closing, vacating and discontinuing a portion of Huntsman Drive (formerly Denver Avenue) in the petition of Hudg.ins and Assoclates (Lynnhaven Borough). a. Letter from the City Manager transmits no recomendation from the Planning Commission; however, reflects the opinion of the Viewers this would be a public inconvenience. 4. ordinance closing, vacating and discontinuing a portion of Branksome Drive (formerly Alease Drive) in the petition of R.G. Moore Building Corporation (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the viewers concur, for approval. 5. Application of OylesbylAznhold, Ltd. for a change of zoning from A-4 Apartment District to A-2 Apartment District on a 4.5-acre parcel located on the north side of Virginia Beach Boulevard, east of Davis Street (Bayside Borough). a. Letter from the City Manager transmits the reccmmendation of the P @ ning Commission for approval. IPEN II. I. PLANNIIVG (continued) 6. Application of Gleneagle Associates for a change of zoning from B-2 Community-Business District to A-2 Apartment District on a 32,417.55-square foot parcel located at the northwest corner of North Birdneck Road and Waterfront Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of 24th Street Associates for changes of zoning on a 21,875-square foot parcel located on The north side of 24th Street, east of Barberton Drive (Lynnhaven Borough): From A-1 Apartment District to A-2 Apartment District an a 4,375-square foot parcel; AND, From R-6 Residential District to A-2 Apartment District on a 17,500-square foot parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Fred A. Raycox, XXI, and Edmund C. Ruffln for a change of zoning from B-2 Community-Business District to A-2 Apartment District on a 3.51-acre parcel located on the south side of Laskin Road, east of North Birdneck Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of R.G. Moore and Robert H. DeFord, Jr., for changes of zoning on an undeveloped site located at the northern tez7n!nus of Broad meadows Boulevard (Bayside Borough): From R-8 Residential District to P-1 Preservation District on an 81.78-acre parcel; Prom R-1 Residential District to P-1 Preservation District on a 57.02-acre parcel; Prom R-1 Residential District to PD-H2 Planned Unit Development District on a 329.1-acre parcel; AND, From R-5 Residential District to R-8 Residential District on a 90.6-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. J. RESOLUTZONSIORDZNANCES 1. Special Revenue Bonds a. Resolution inviting and encouraging the Newport News Redevelopment and Housing Authority to issue its Special Revenue Bonds in the amount of $6,500,000 for the benefit of Brandyvine Associates. ITEM ii. J. RESOLUTIONSIORDINANCES (continued) 2. Ordinances a. Ordinance, on FIRST READING, to appropriate $175,000 from Fund Baldnce to Project 2-025 Master Street and Highway Plan UP-Date for a Comprehensive Up-Date. b. ordinance to amend and reordain Section 21-364 of the Code of the City of Virg@a Beach, Virginia, pertaining to general parking prohibitickns. X. CONSENR 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 notion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Recognition to Edwin Kellan Arts and Humanities Commission 2. Resolution in Recognition to Mary Russo Volunteer Council 3. Resolution in Recognition to Frank Williamson - Transportation Safety Commission 4. Resolution in Recognition to Kenneth Carbaugh Community Services Board 5. Resolution in Recognition to Mason Notan Community Services Board 6. Resolution in Recognition to T!b@ Northan Comm@ty Services Board 7. Resolution in Recognition to Bernard Pandleton - Community Services Board 8. Resolution in Recognition to Pauline Porter - Community Services Board 9. Resolution in Recognition to Bernardine Wallace - Cmmunity Services Board 10. Ordinance, on SECOND RFADING, to amend and reordain Article 11, Sections 18-46, 18-47(a), 18-48(a) and (b), 18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a), 18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a), 18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18- 73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18- 114(a), and 18-116 of the Code of the City of Virginia Beach pertaining to the Iicense tax schoduls. 11. Ordinance, on SECOND READXNG, to accept and appropriate grants totaling $23,500 from the Virginia D.Lvision of Motor Vehicles. 12. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Kempsville Road, to Ror-k Church, its assigns and successors in title. 13. Ordinance to authorize a temporary encroachment into a portion of the right-of-way Pacific Avenue and 10th Street to Thomas M. Murphy, his heirs, assigns and successors in title. ITEM II. K. CONSENT AGENDA (continued) 14. Low bid of inner-View, Ltd., in the amount of $851,463, for the North Beach Storm Drainage System, Phase 11; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 15. Raffle Permit - James K. Cole Memorial Scholarship Fund L. UNFINISHED BUSINESS 1. Presentation by Cox Cable 2. Report of Band Referendum Conmittee M. NEW BUSINESS 1. "Forward, Hampton Roads" - Sponsored by Councilwoman Nancy Creech. 2. Interim Financial Statements for July 1, 1984, through December 31, 1984. 3. Resort Area Advisory Commission - Staff Positions N- RECESS FOR COUNCIL APPOXNTEE EVALUATION O. ADJOVRNMENT 1. Notion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia S T A F F B R I E F I N G LEGISLATIVE UP-DATE February 4, 1985 12:30 p.m. The STAFF BRIEFING concerning the LEGISLATIVE UP-DATE was called to order by Mayor Harold Heischober in the Council Chambers on Monday, February 4, 1985, at 12:30 p.m. The City Manager introduced David Grachmal, Director of General Services, and the City's Legislative Liaison. The City's Legislative Liaison to the General Assembly reviewed the LEGIS- LATIVE PACKAGE APPROVED by City Council. Robert Matthias, Director of Grants distributed copies of this report. (Copy of same is hereby made a part of the record). Mr. Grochmal Reported on the HOUSE and SENATE BILLS which have been intro- duced by Members of the General Assembly and advised the status of these BILLS: BILL NO. PATRON BILL CONTENT STATUS S.B. 513 BABALAS Would disallow polygraphs in In Committee employment screening. H.B. 1121 HALL Broadens the definition of tax Passed House as exempt properties Substitute H.B. 1145 BLOXOM Would freeze @otel room tax Passed House at present rat@ H.B. 1292 ROBINSON,W.P. Would disallow polygraphs In Committee in employment screening. H.B. 1349 PIGKETT Allows Virginia Beach Develop- Engrossed for ment Authority to issue bonds Third Reading for low-moderate income housing. H.B. 1457 PICKETT Would create the Atlantic Public Engrossed for Beach Commission Third Reading H.B. 1676 PARKER Would allow trailers on rural Passed House lots with only the same re- with Amendments strictions as site-built homes. H.B. 1752 PICKETT Raises salaries of Mayor and Passed House Council H.B. 1769 DICKS Exempts a 1-block area in Engrossed for Sandbridge from Dune Pro- Third Reading tection Ordinance. February 4, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 4, 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, February 4, 1985, at 1:45 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. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None February 4, 1985 - 2 - ITEM # 23152 Mayor Heischober entertained a motion 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 disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation or other legal matters within the juris- diction of the public body. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, Ctiy Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. 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 February 4, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL February 4, 1985 2:10 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, February 4, 1985, at 2:10 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. Jones, 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 Harold B. Thornton Pastor Christ Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 4, 1985 - 4 - CIIY MANAGER'S ADMINIS'IRATIVE AGENDA Item II-D.1 SPECIAL REVENUE BONDS ITEM # 23153 The City Manager referenced the Resolution inviting and encouraging the NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY to issue its Special Revenue Bonds in the amount of $6,500,000 for the benefit of BRANDYWINE ASSOCIATES (See Item No. 11-J.1 under RESOLUTIONS/ORDINANCES). The City Manager requested Council consider DEFERRAL of this Resolution for one week until the City Council Meeting of February 11, 1985, as some questions have arisen concerning open-space and park areas. February 4, 1985 5 Item II-F. I MINUTES ITEM 23154 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the MINUTES of January 28, 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 Council Members Absent: None February 4, 1985 6 Item II-G.I.a. PRESENTATION ITEM 23155 Mayor Heischober was to present a RESOLUTION IN RECOGNITION to; Edwin Kellam Member Arts and Humanities Commission This Resolution recognized Edwin Kellam's untiring and dedicated service to the ARTS AND HUMANITIES COMMISSION. As Mr. Kellam was unable to attend the PRESENTATION, his RESOLUTION will be mailed. 7 Item II-G.I.b. PRESENTATION Item 23156 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: Frank Williamson Member Transportaion Safety Commisson This Resolution recognized Frank Williamson's untiring and dedicated service to the TRANSPORTATION SAFETY COMt4ISSION. February 4, 1985 8 Item II-G.1c. PRESENTATION ITEM 23157 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: Mary Russo Coordinator Volunteer Council This Resolution recognized Mary Russo's untiring and dedicated service to the VOLUNTEER COUNCIL. The Mayor further referenced Mary Russo's function as the Volunteer Council Coordinator entailed ultimately supervising the activity of approximately 3800 volunteers. February 4, 1985 9 Item II-H. 1 PLANNING RECONSIDERATION ITEM 23158 Roy Mendelsohn, Director of Construction Services, represented the applicant and displayed an aerial photograph and a Master Plan of CHRISTIAN BROADCASTING NETWORK which had been presented to Council previously. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council APPROVED the Request of CHRISTIAN BROADCASTING NETWORK for a WAIVER of a Condition to the APPROVAL of a Conditional Use Permit for Student Housing (RO184601) granted by City Council on January 16, 1984. City Council increased the number of units to be constructed from 200 to 224 on 19.89 acres. I(EMPSVILLE BOROUGH. Vice Mayor McClanan specifically requested as the A-2 Apartment District was DENIED originally and the Conditional Use Permit feature was added to the R-8 Residential District, this not be used as a means to eventually procure this A-2 Apartment District. 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 February 4, 1985 - 10 - Item II-I. I PLANNING ITEM # 23159 Attorney Carrollyn Cox represented the applicant and presented a site plan (said plan is hereby made a part of the record). Floyd Swartz,.the applicant represented himself F. J. Hudgins, potential purchaser of the applicant's property Oppostion: Dora Marshall Mullins, owner of two neighboring lots Paula Plante, property owner of Lot No. 255 John P. Secosky, presently closing on adjacent property Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council APPROVED the application for a VARIANCE to Section 4.4(b) of the Subdivison Ordinance upon application of FLOYD D. SWARTZ as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivsion Ordinance, Subdivision for Floyd D. Swartz. Property is located at 1300 Lakeview Drive. Plats with more detailed infor- mation are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 6-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech This application was moved to the end of the PLANNING AGENDA as the attorney for the applicant could not be present earlier. February 4, 1985 Item II-I.2. PLANNING ITEM 23160 Attorney Aridrew Fine represented the appplicant The City Clerk referenced letter dated January 10, 1985 from the Hampton Roads Sanitation District concerning granting of a suitable easement (said letter is hereby made a part of the record) Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council APPROVED, subject to final approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of portions of Sattthern-Bettlevatd, Maynard Avenue and Lavender Lane in the petition of ERNEST L. AND PHYLLIS A. HUDSON. This Street Closure will EXCLUDE Southern Boulevard. Application of Ernest L. and Phyllis A. Hudson for the discontinuance, closure and abandonment of portions of aftd Maynard Avenue adjacent to the southern boundaries of Blocks 57 and 58 between Rose- marie Avenue and Aragona Boulevard and a portion of Lavendar Lane between Cleveland Street and Maynard Avenue. Said parcel contains 1.162 acres. KEmpsvi@LE BAYSIDE BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct conveyance to the adjoining property owner, subject to deter- mination by the City Attorney's Office. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street. 3. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions 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 February 4, 1985 lla ORDINANCE NO. JIN THE 14ATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF ';THOSE CERTAIN STREETS KNOWN AS SOUTHERN BOULEVARD, MAYNARD AVENUE ;AND LAVENDER LANE LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OFI i iVIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 1 "PLAT PURSUANT TO STREET CLOSING, EUCLID PLACE, KEMPSVILLE @BOROUGH, VIRGINIA BEACH, VIRGINIA". AS, it appearing by affidavit that proper notice has WHERE !been given by Ernest L. and Phyllis A. Hudson, that they would make application to the Council of the City of Virginia Beach, Virginia, on the day of 19-, to have the hereinafter described streets discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed and vacated: (1) SOUTHERN BOULEVARD beginning at a point on the northern line of the right of way of the Norfolk Southern Railway Company at its intersection with the western side of Rosemarie Avenue; thence along the right of way of the Norfolk Southern Railway Company S 84' 541 30" E, 122.50 feet, to a point at the intersection of the southern side of Southern Boulevard and Maynard Avenue; thence N 05' 51' 48" W, 30.56 feet, to a point at the intersection of the northern side of Southern Boulevard and Maynard Avenue; thence N 84' 541 30" W, 116.69 feet to a point, which was formerly the western side of Rosemarie Avenue; thence S 05@ 051 30" W, 30 feet to the point of beginning. (2) MAYNARD AVENUE beginning at a point in the northern line of the right of way of the Norfolk Southern Railway Company at its intersection with the southern side of Maynard Avenue; thence along the southern side of Maynard Avenue N 73' 101 53" E, 838.03 feet to a point on the western side of Aragona Boulevard; thence N 05@ 051 30" E, 32.33 feet to a point on the north side of Maynard Avenue; thence along the north side of Maynard Avenue S 73' 101 5311 W, 844.29 feet to a point, which is the intersection of the northerly side of Maynard Avenue and the northerly side of Southern Boulevard; thence S 051 511 48" E, 30.56 feet to the point of beginning. February 4, 1985 ilb (3) LAVENDER LANE beginning at a point on the southwest corner of its intersection with Cleveland Street; thence S 84' 541 3011 E, 50.0 feet to a point on the southeast corner of the intersection of Lavender Lane and Cleveland Street; thence S 05* 051 30" W, 426.16 feet to a point on the north side of Maynard Avenue; thence S 73' 101 5311 W, 53.89 feet to a point at the northwest corner of the intersection of Lavender Lane and Maynard Avenue; thence N 05' 051 30" E, 446.27 feet to the point of beginning. Said parcels of land being portions of Southern Boulevard, Maynard Avenue and Lavender Lane, as indicated on that certain plat of property to be vacated entitled "Plat Pursuant to Street Closing, Euclid Place, Kempsville Borough, Virginia Beach, Virginia". SECTION II A certified copy of this ordinance shall be filed in the office of the Circuit Court of the City of Virginia Beach, indexedl in the name of the City of Virginia Beach, as grantor. SECTION TII CO TET,'T @IT February 4, 1985 Ilc FIENE, FINE, LEGUM F]INE, P.A. A@RNEYS A@ ONIC COMMFRCH PARK @@U- OA. A' S-ET ... I.I@. o@- @x .@-6 VIRG@ BEACH. VIRG@ 23462 CERTIFICATE OF VESTING OF TITLE I, GARDINER M. HAIGHT, attorney for Ernest L. and Phyllis A. Hudson, do hereby certify that: 1. I am an attorney at law and represent Ernest L. and Phyllis A. Hudson, the petitioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Ernest L. and Phyllis A. Hudson and the Norfolk Southern Railway Company the adjacent landowners. The said property referred to herein is hereby described as follows: (1) SOUTHERN BOULEVARD beginning at a point on the northern line of the right of way of the Norfolk Southern Railway Company at its intersection with the western side of Rosemarie Avenue; thence along the right of way of the Norfolk Southern Railway Company S 84' 541 30" E, 122.50 feet, to a point at the intersection of the southern side of Southern Boulevard and Maynard Avenue; thence N 05' 51' 48' W, 30.56 feet, to a point at the intersection of the northern side of Southern Boulevard and Maynard Avenue; thence N 84* 541 30" W, 116.69 feet to a point, which was formerly the western side of Rosemarie Avenue; thence S 05' 051 301 W, 30 feet to the point of beginning. February 4, 1985 lld - FINE, FINE, LEGUM & FINE (2) MAYNARD AVENUE beginning at a point in the northern line of the right of way of the Norfolk Southern Railway Company at its intersection with the southern side of Maynard Avenue; thence along the southern side of Maynard Avenue N 73' 10' 53' E, 838.03 feet to a point on the western side of Aragona Boulevard; thence N 05' 05' 30" E, 32.33 feet to a point on the north side of Maynard Avenue; thence along the north side of Maynard Avenue S 73' 101 53" W, 844.29 feet to a point, which is the intersection of the northerly side of Maynard Avenue and the northerly side of Southern Boulevard; thence S 05' 51' 48" E, 30.56 feet to the point of beginning. (3) LAVENDER LANE beginning at a point on the southwest corner of its intersection with Cleveland Street; thence S 84' 541 3011 E, 50.0 feet to a point on the southeast corner of the intersection of Lavender Lane and Cleveland Street; thence S 05' 051 30' W, 426.16 feet to a point on the north side of Maynard Avenue; thence S 73' 10' 53' W, 53.89 feet to a point at the northwest corner of the intersection of Lavender Lane and Maynard Avenue; thence N 05' 051 3011 E, 446.27 feet to the point of beginning. GARDnER M. HAIGIIT,I Fine, Fine, Leg6m,/and Fine One Commerce Park Witchduck Road at Cleveland Street Post Office Box 61546 Virginia Beach, Virginia 23462 (804) 490-4545 February 4, 1985 - 12 - Item Il-I.3 PLANNING ITEM # 23161 The City Clerk referenced letter from C. David Whitley, Vice President of the Hudgins Orgainization, requesting DEFERRAL of thirty days in order for the Department of Public Utilities and the City Attorneys' office to make an evaluation. (Said letter is hereby made a part of the record) Upon motion by Counclman Jennings, seconded by Councilwoman Oberndorf, City Council DEFERRED for thirty days until the City Council Meeting of March 4, 1985, an ordinance closing, vacating and discontinuing a portion of Huntsman Drive (formerly Denver Avenue) in the petition of HUDGINS AND ASSOCIATES. Application of Hudgins and Associates, a Virginia Corp- oration, for the discontinuance, closure and abandonment of a portion of Huntsman Drive (formerly Denver Avenue) beginning at the northern boundary of Brant Road and running a distance of 170 feet more or less in a northerly direction. Said parcel contains 9,000 square feet more or less. LYNNHAVEN BOROUGH. 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., 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: Louis R. Jones February 4, 1985 - 13 - Item II-I.4 PLANNING ITEM # 23162 Attorney Grover Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED, subject to final approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of a portion Branksome Drive (formerly Alease Drive) in the petition of R. G. MOORE BUILDING CORPORATION and HOLLAND OFFICE PARK ASSOCIATES as per the following: Application of R. G. Moore Building Corp., and Holland Office Park Associates for the discontinuance, closure and abandonment of a portion of Branksome Drive (formerly Alease Drive) beginning at a point 635.90 feet northeast of Holland Road and 270 feet more or less northwest of Edwin Drive and running in a northwesterly direction a distance of 265 feet more or less. Said parcel contains 15,856 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct con- veyance to the adjoining property owner, subject to determination by the City Attorney's Office. 2. Resubdivision of the property and vacation of inter- nal lot lines to incorporate the closed area into ad- joining parcels, as well as to insure that all lots have access to a public street. 3. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions 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: February 4, 1985 None 13 a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BRANKSOME DRIVE, LOCATED IN THE KEMPSVILLE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF BRANKSOME DRIVE TO BE CLOSED, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Holland Office Park Associates and R. G. Moore Building Corp., that they would make application to the Council of the City of Virginia Beach, Virginia, on to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled 'Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virgi- nia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginning running in a Northeasterly direction of North 42*00'00" East a distance of 61.85 feet to a point which is the South- western corner of Parcel B, (5.306 Acres); thence running along the Northern right of way line of Branksome Drive South 62*04'30" East a distance of 64.88 feet to a point; thence con- tinuing along said right of way line and following a curve to the right having a radius of 810.00 feet and a distance of 199.28 feet to a point; thence turning and running along the southern right of way line of Branksome Drive South 42*01'16' West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksorqe Drive North 62*04'30" West a distance of 79.92 feet to said point of beginning. (Portion of February 4, 1985 Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acres) Said parcel of land being a portion of Y3ranksome Drive as indicated on that certain plat of property to be vacated along existing Branksome Drive for Holland office Park Associates and R. G. Moore Building Corp., which plat entitled "Plat Showing A Portion of Branksome Drive To Be Closed, Kempsville Borough, Virqinia Beach, Virginia", is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book at Page and which is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of tlie City of Virginia Beach, as grantor. CLARK & STANT, P. C. AT-rORNEY5 ANI' COTINSF.LORS AT L@W 10 ANN BLAIP. V.. 50@RAN BANK BUILDING GERIRD T. SC@FER STEPHEW U. BUPKE @RL SCHWAFLTZ. M DONALD H. C@FIK ONE COLUMBUS CE@ER THO&W D. SHURTLEWOP.TH THOMAS R. FKANTZ VIRGINIA BEACH,VIRGINIA 23462 THOMAS E - SNYDEP, GREGORY A. CIORTIANO FREDF RICK T. STAWT, M ROBEFLT 1. 14ADDAD 1OH14 TYLER STANT MICHAEL B. H.MAR TELEPHO.E:(@) 499-8800 STEPHEt4 C. S@'AIN ERIC A. HAUSEK TLLECOPIER: (8-) W3-03-5 DOLICLAS E. KAHLE TELEX: 71.8829352 FREDEFLICK T. STAWT, IR. @RY KEATINC P,OBERT C. ORECOCK ROBERT M.REED ROBERT E. RULOFF OU@ 'ILL NO- CERTIFICATE OF VESTING OF TITLE I, Robert E. Ruloff , attorney for Holland Office Park Associates and R. G. Moore Building Corp., do hereby certify that: 1. I am an attorney at law and represent Holland Office Park Associates and R. G. Moore Building Corp., the Peti- tioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Holland Office Park Associates and R. G. Moore Building Corp., the adjacent landowners; in fee simple ownership. The said property referred to herein is hereby described as follows: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled 'Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virginia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginhing running in a North- easterly direction of North 42*00100" East a distance of 61.85 feet to a point which is the Southwestern corner of Parcel B, (5.306 Acres); thence running along the Northern right of way line of Branksome Drive South 62*04130" East a distance of 64.88 feet to a point; thence con- tiniiing along said right of way line and following a curve to the right having a radius CLARK 8 STANT, P. C. of 810.00 feet and a distance of 199.28 feet to a point; thence turninq and running along the southern right of way line of Branksome Drive South 42101116" west a distance of 60.00 feet to a point; thence turning and running along the ';outhern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksome Drive North 621041301 West a distance of 79.92 feet to said point of beginning. (Portion of Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acres r E @uloff Subscribed and befre me this day of October, 1984. Notary Public my commission Expires: - 14 - Item II-1.5 PLANNING ITEM # 23163 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon applicaton of OGLESBY/ARHNOLD, LTD. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF OGLESBY/ARHNOLD, LTD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICAT10N FROM A-4 TO A-2 Z0285946 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Oglesby/Arhnold, Ltd. for a Change of Zoning District Classification from A-4 Apartment District to A-2 Apartment District on Lot 7, Plat of Newtown Cross Road. Said parcel is located at 5464 Virginia Beach Boulevard and contains 4.5 acres. BAYSIDE BOROUGH. The following condition shall be required: 1. A 20-foot dedication of right-of-way along Virginia Beach Boulevard including two permanent drainage easements as shown on sheets 7 and 7A of the Virginia Beach Boulevard Plans on file with the City Engineer's Office and in accordance with the Master Street and Highway Plan. On other rezonings in the area there have been reservations rather than dedications re- quired for Virginia Beach Boulevard. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of February, 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 February 4, 1985 - 15 - Item II-I.6 PLANNING ITEM # 23164 Attorney Moody Stallings represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of GLENEAGLE ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF GLENEAGLE ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Z0285947 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Gleneagle Associates, a Virginia Corp., for a 'Change of Zoning District Classification from B-2 Community Business District to A-2 Apartment District on certain property located at the northwest corner of North Birdneck Road and Waterfront Drive. Said parcel contains 32,417.55 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of February, 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 February 4, 1985 - 16 - Item II-1. 7 PLANNING ITEM # 23165 Terrence Gearhart, Member of the Twenty-fourth Street Associates Partnership Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of 24th STREET ASSOCIATES for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF 24TH STREET ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 to A-2 Z0285948 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of 24th Street Associates, for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on Lot 29, Block 9, Woodland. Said parcel is located 837 24th Street and contains 4375 square feet. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF 24TH STREET ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 To A-2 Z0285949 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of 24th Street Associates, for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on Lots 30 thru 33, Block 9, Woodland. Siad parcel is located at 841 24th Street and contains 17,500 square feet. LYNNHAVEN BOROUGH. Prior to the changing of the official zoning maps, the following condition shall be meet: Dedication of right-of-way is required for a 60-foot ultimate right-of-way for 24th Street. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of February, Nineteen Hundred and Eighty-five. February 4, 1985 1 7 Item 11-I. 7 PLANNING ITEM 23165 (Continued) 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 February 4, 1985 - 18 - Item II-I.8 PLANNING ITEM # 23166 Attorney Grover Wright represented the applic ant James A. Kitchin, Jr., of Bryant-Fentress-Kitchin, Inc., responded to inquiries concerning the letter Attorney's dated January 29, 1985. (Said letter is her@by made a part of the record). Upon motion by Councilman Jennings, seconded by Councilwoman Creech, CitY Council ADOPTED an Ordinance upon application of FRED A. HAYCOX, III and EDMUND C. RUFFIN, for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF FRED A. HAYCOX, Ill AND EDMUND C. RUFFIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to A-2 Z0285949A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upoti application of Fred A. Haycox, III and Edmund C. Ruffin, for a Classification from B-2 Community Business District to A-2 Apartment District on certain property located on the south side of Laskin Road, 830 feet more or less east of N. Birdneck Road. Said parcel is lo- cated at 1035 Laskin Road and contains 3.51 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: A ten-foot dedication of right-of-way along the frontage of Chiquapin Trail, 25 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 50-foot standard right-of-way. The following condition shall also be required: Letter from Attorney Grover C. Wright, Jr., dated February 1, 1985, which confirms agreement of Messrs Ruffin and Haycox stating that they will not change the ZONING MAP until they are assured that the property of Bryant- Fentress-Kitchin, Inc., is not subject to any increased setback or other requirements as a result of the RAYCOX/ RUFFIN REZONING. (Said letter is hereby incorporated into the conditions and made a part of the proceedings). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Four ndred and Eight 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: February 4, 1985 - 19 - Item II-I.9 PLANNING ITEM # 23167 Attorney Grover Wright represented the applicant and displayed a plan of the proposed CYPRESS POINT Larry Barry, Vice President of Langley and McDonald, also represented the applicant Opposition: Robert Galewiski, resident of Lawson Forest Subdivision, and President of C.A.I.R. Letters dated January 12, 1985, in opposition to the changes of zoning request of R. G. Moore and Robert H. Deford, Jr. from Georgette Constant Davis are hereby made a part of the record. A motion was made by Councilman Louis Jones, seconded by Concilwoman Oberndorf to DENY Ordinances upon application of R. G. MOORE and ROBERT H. DEFORD, JR., for Changes of Zoning on an undeveloped site located at the northern terminus of Board Meadows Boulevard (Bayside Borough) as same does not comply with the COMPREHENSIVE PLAN. Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Concilman Baum, City Council ADOPTED Ordinances upon application of R. G. MOORE and ROBERT H. DEFORD, JR., for Changes of Zoning per the following: ORDINANCE UPON AIIPLICATON OF R. C. MOORE AND ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM R-8 TO P-1 Z0285950 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore and Robert H. Deford, Jr., for a Change of Zoning District Classification from R-8 Residential District to P-1 Preservation District on certain property located 460 feet north of the northern terminus of Board Meadows Boulevard as shown on plats on file in the Department of Planning. Said parcel contains 81.78 acres. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF R. C. MOORE AND ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM R-1 TO P-1 Z0285951 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore and Robert H. Deford, Jr., for a Change of Zoning District Classification from R-1 Residential District to P-1 Preservation District on certain property located north of the norther terminus of Broad Meadows Boulevard as shown on plats on file in the Department of Planning. Said parcels contain 57.02 acres more or less. BAYSIDE BOROUGH. February 4, 1985 - 20 - Item II-I.9 PLANNING ITEM # 23167 (Continued) A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE AND ROBERT H. DEFORD, JR., FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FFROM R-1 TO PD-H2 Z0285952 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA: Ordinance upon application of R. G. Moore and Robert H. Deford, Jr., for a Change of Zoning District Classi- fication from R-1 Residential District to PD-H2 Planned Unit Development District on certain property located at the northern terminus of Broad Meadows Boulevard running along the northern boundary of proposed Haygood Road as shown on plats on file in the Department of Planning. Said parcel contains 329.1 acres. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO R-8 Z0285953 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore, for a Change of Zoning District Classification from R-5 Residential District to R-8 Residential District on certain property located 1741 feet north of the northern terminus of Broad Meadows Boulevard as shown on plats on file in the Department of Planning. Said parcel contains 90.6 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Allow Density for the Lake (borrow pit) and reduce the number of lots on the shoreline, thereby enlarging the waterfront lots, for a total not to exceed 1,080 units. 2. The proposed Flag Lots shall be limited to 16. 3. Dedication of right-of-way 110 feet in width for pro- posed Haygood Road Relocated as per the Master Street and Highway Plan. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of February, Nineteen Hundred and Eighty-five. February 4, 1985 - 21 - Item 11-1.9 PLANNING ITEM # 23167 (Continued) Voting: 6-5 (SUBSTITUTE MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None February 4, 1985 J. [)ALE SIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002 (804; 427-4531 February 12, 19P5 The Honorable Mayor Members of Council Virginia @-each, Virginia Re: R. G. Moore/Robert H. Deford Zoiling Application - Kempsville Lake ilo. 1 Par-Inership Re--oning Stipulation Agreement - Our File CA8500946 Dear Mr. flayor and Members of Council: I enclose for your information the proffer comriitted by the applicants. This agreement has been approved as to content and form. By a copy o.@ this letter to the City Clerk, I am requesting that she make this agreement a part of the minutes of the meeting this application X,7as considered and adopted. If any member of Council has any questions concerning this matter, please give myself or jay Richardson a call. ,TDB:jh cc: Thomas H. Muehlenbeck Ruth H. Smith KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP, a Virginia geheral partnership TO (DECLARATION OF RESTRICTIVE COVENANTS FOR CYPRESS POINT RECREATIONAL AND OPEN SPACE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS DECLARATION OF RESTRICTIVE COVENANTS, made this 4th day of February, 1985, between KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP, a Virginia general partnership, (Grantor) of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (Grantee) of the other part; WITNESSETH THAT: WHEREAS, the Grantor, upon its petitions to the Grantee, has been been granted certain changes of zoning to PD-H2 District on certain prol)erty hereinafter described located in the Bayside Borough of the City of Virginia Beach, Virginia, pursuant to Section 1120 through 1128 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, said rezoning having taken place on the 4th day of February, 1985, and incident thereto having had its proposed PD-H2 land use plan, as well as such additional supplementary information as necessary to satisfy the conditions of said Ordinance, approved by the Grantee through its governing body; and WliEREAS, the approved land use plan calls for 138.8 acres, more or less, of open space to be owned and maintained by the Grantor and incident thereto the open space shown on said land use plan vfas zoned to P-1; and WHEREAS, the approved larid use plan for the P-1 District included the location of @)roposed open spaces and recreational areas, the nature of t@he recreational facilities proposed, and the means of maintenance of such to be as aforesaid by the Grantor; an@i WHEREAS, the open space and recreational areas are shown on the plat attached hereto zlnd recorded herewith; and WHEREAS, these restrictive covenants are necessary to be recorded to prohibit the use of the open space and recreational areas for any purpose other than recrea tion and open space use for a period of 50 years from February 4, 1985; NOW, THEREFORE, the Grantor does hereby for itself, its successors and assigns for a period of 50 years from February 4, 1985, impress the open space and recreational areas zoned P-1 and containing 138.8 acres, more or less, shown basically as golf course, tennis, swimming pool, country club/clubhouse, and associated recreational and open space uses on the plat attached hereto entitled "Land Use Plan Cypress Point" with the following restrictive covenants which shall run with the land: 1. Grantor hereby assumes all responsibility for and agrees to maintain the open space and recreational areas as shown on the Land Use Plan, including all structures located thereon. 2. Grantor shall maintain and operate an 18-hole golf course, tennis, swimming pool, country club/clubhouse, and associated recreational and open space uses and amenities within the open space and recreational areas. 3. The open space and recreational areas shall only be used for the golf course, swimming pool, tennis, country club/clubhouse, which shall consist of showers, lockers, pro shops, snack bar and a 100 seat restaurant, recreation, and open space and other related recreational uses as may be specified in the Land use Plan, all of which uses and structures shall be rnade available only for use and enjoyment by all residents of the PD-H2 project and club members and their invited guests, subject to assessments for the use and maintenance thereof, and shall not be open or made available to the general public. 4. The Grantor shall make the open space and recreational areas available for use and enjoyment by all 2 residents of the PD-H2 project and club members and their invited guests, subject to assessments for the use and maintenance thereof, and shall iiot be open or made available to the general public. Nothwithstanding the foregoing, if hereafter, upon the concurrence of the governing body of the Grantee, as evidenced by a recorded resolution or ordinance of the governing body of the Grantee, (a) the open space and recreational areas are dedicated by the Grantor to the Grantee, and the dedication is accepted by the Grantee, in which event these restrictive covenants shall be null and void, and the open space and recreational areas shall be owned by the Grantee and may be devoted to such uses as the Grantee, in its sole discretion, may elect, or (b) the Grantor may transfer ownership and maintenance of all responsibility to a homeowners' association or other private entity or agent, in which case these restrictive covenants will remain in full force and effect provided sufficient evidence of the niaintenance capability of said association or other private entity or agency is presented to the governing body of the Grantee and approved by the governing body, as evidenced by a recorded resolution or ordinance whereupon responsibility of the Developer or Grantor shall be terminated. IN WITNESS WIIEREOF, the Graiitor has executed the foregoing restrictive covenants as of the date hereinabove written, pursuant to due authority of its Board of Directors and stockholders. KEMPSVILLE LAKE NUMBER 1 PARTNERSHIP, a Virginia general partnership BY: R. G. MOORE BVILDING CORPOR,A,P,10@,/beneral Partner BY R. G. Moore, Prbtident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the State of Virginia at Large, do hereby certify that R. G. Moore, President of R. G. Moore Building Corporation, whose name is signed to the foregoing Declaration of Restrictive 3 Covenants dated February 4, 1985, has acknowledged the same before me as General Partner on behalf of the Grantor, Kempsville Lake Number 1 Partnership, a Virginia general partnership, in the city and state aforesaid. Given under my hand this day of Pebruary, 1985. U'll. -@e s My tommi-ssl-.. e-.pi APPROVED AS TO FORTA CITY AT - 22 - Item II-J.1. RESOLUTIONS ITEM # 23168 Upon mation by Councilwoman Creech, seconded by CouDcilman Robert Jones, City Council DEFERRED for one week until the City Council Meeting of Feburary 11, 1985, the following Resolution: RESOLUTION INVITING AND ENCOURAGING THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY TO ISSUE ITS SPECIAL REVENUE BONDS IN THE AMOUNT OF $6,500,000 FOR THE BENEFIT OF BRANDYWINE ASSOCIATES. 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 February 4, 1985 - 23 - Item II-J.2a ORDINANCES ITEM # 23169 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED an Ordinance, on FIRST READING, to appropriate $175,000 from Fund Balance to Project 2-025 MASTER STREET AND HIGHWAY PLAN UP-DATE for a Comprehensive Up-Date. 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 February 4, 1985 - 23a - AN ORDINANCE TO APPROPRIATT @175,000 FROM FUND BALANCE TO PROJECT 2-025 MASTER STREET AND HIGHWAY PLAN UPDATE FOR A COMPREHENSIVE UPDATE WHEREAS, the city staff realizes the need for a comprehensive update of the Master Street and Highway Plan to analyze present and potential traffic flow problems on city roads, and WHEREAS, the city recently has completed negotiations with the con- sulting firm of Harland-Bartholomew and Associates, Inc. for conducting a study on the Master Street and Highway Plan and recommending solutions to traffic congestion problems, and WHEREAS, the cost of the consultant agreement is estimated at $175,000 and is to be financed from general fund balance, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF VIRGINIA BEACH that project 2-025 Master Street and Highway Plan Update is hereby established as a capital project and that $175,000 is transferred from general fund balance to the Fngineering and Highways Capital Project Fund to finance the update. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to execute the agreement with Harland-Bartholomew and Associates, Inc. for a study on the Master Street and Highway Plan. First Reading: February 4, 1985 Second Reading: Approved by the Council of the City of Virginia Beach on the day of 1985. February 4, 1985 L-1-ORDII - 24 - Item II-J.2b. ORDINANCES ITEM # 23170 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to amend and reordain Section 21-364 of the Code of the City of Virginia Beach, Virginia, pertaining to GENERAL PARKING PROHIBITIONS. 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 February 4, 1985 - 24a - Requested by: City Manager's Office, Department of Permits and Inspections, and Police Department AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-364 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO GENERAL PARKING PROHIBITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-364, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 21-364. General parking prohibitions. (a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Within fifteen (15) feet of a fire hydrant. (2) Within any designated fire lane. (3) At any place so as to block any fire department connection. (4) Within fifteen (15) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted. (5) within fifteen (15) feet of the entrance to a building housing rescue squad equipment or ambulances, provided such buildings are plainly designated. (6) In front of a public or private driveway. (7) Within an intersection. (8) On the roadway side of any vehicle parked at the edge or curb of a street (double parking). February 4, 1985 - 24b - (9) Upon any bridge or other elevated structure upon a street or highway or within a tunnel. (b) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) on a sidewalk. (2) On a crosswalk. (3) Within twenty (20) feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the intersection of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines. (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (8) At any place where official signs prohibit, reserve or restrict parking. (9) In a residential or apar@ment district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. This restriction shall not apply to commercial vehicles parked while engaged in February 4, 1985 -2- - 24c - the normal conduct of business or in the delivery or provision of goods or services in a residential or apartment district (area). (c) When a notice or citation is attached to a vehicle found parked in violation of any provision of this section, the owner of the vehicle may, within three (3) city working days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of fifteen dollars ($15.00), for a violation of any provision of subsection (a), or ten dollars ($10-00) for a violation of any provision of subsection (b), for each hour or fraction thereof during which such vehicle was unlawfully parked. Such payment shall constitute a plea of guilty of the violation in question. If such payment is not postmarked or received by the city treasurer within three (3) working days of the city after receipt such notice or citation, the penalty shall be thirty dollars ($30.00) for a violation of any provision of subsection (a) of this section and twenty dollars ($20.00) for a violation of any provision of subsection (b) of this section. (d) The failure of any owner to make payment in accord with subsection (c) above or present the notice or citation for a violation of this section at an office of the city treasurer for certification to the general district court, within thirty (30) days, shall render such owner, upon conviction of such violation, subject to a fine of not more than fifty dollars ($50.00). 5 Adopted this 4 day of February 1984, by the Council of the City of Virqinia Beach, Virginia. RMB/da misc 10/26/84 ApPROVED AS TO Co@ITEtIT r,'EPi',@TY,ENT February 4, 1985 -3- - 25 - Item II-K. CONSENT AGENDA ITEM # 23171 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1 through 15. 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.t 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 *Verbal Aye February 4, 1985 - 26 - Item II-K.1 CONSENT AGENDA ITEM # 23172 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED a Resolution in Recognition to: Edwin Kellam Arts and Humanities Commission 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.j 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 *Verbal Aye February 4, 1985 - 26a RESOLUTION OF APPRECIATION TO EDWIN KELLAM WHEREAS: Edwin Kettam served as a member of the Arts and Hwnanities Com@ssion, he has served toittingly and untiringty in behatf of the City of Virginia Beach; WHEREAS: His dedication and unselfish service have involved personal sacrifices and inconveniences, not only to him but frequentLy to his famity. We trust much satisfaction Ms reatized in successfuLLy administering in this advisory capacity--not onty to City Councit but also to the citizens of this fast-growing metropolie. Advisors and Votunteers have saved the City untold dottars, but, more importantty, our successfut growth depends upon them. His footprints in the sands of time wiLL Long reftect the tremendous strides of his service. NOIW, TGEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembted pauses in its deliberations to express pride in and deepest gratitude for this service to EDWIN KELLAM BE IT FURTHER RESOLVED: That this ResoLution be franed for presentation with a copy spread upon the Minutes of this Format Session of Yirginia Beach City Council this Fourth day of February, Nineteen Hundred Eighty-Five. Given under my hand and seat, February 4, 1985 - 27 - Item II-K.2 CONSENI AGENDA ITEM # 23173 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED a Resolution in Recognition to: Mary Russo Coordinator Volunteer Council Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Miyor 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 *Verbal Aye February 4, 1985 - 27a - RESOLUTION OF APPRECIATION TO MARY RUSSO WHEREAS: Mary Russo served as the Cooy-dinator for the Votunteer CounciL for six years, she served wittingly and untiringty in behalf of the City of virginia Beach; WHEREAS: Throughout these years, her dedication and unsetfish seroice have invotved personat sac@fices and inconveniences, not only to her but frequentty to her famity. We trust much satisfaction was realized in successfutly administering in this advisory capacity--not only to City Council but atso to the citizens of this fast-growing metropotis. Advisors and VoLunteers have saved the City untotd dollars, but, more importantly, our successfut growth depends upon them. Her footprints in the sands of time wiLL tong reflect the tremen- dous strides of her service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembted pauses in its detiberations to express pride in and deepest gratitude for these years of service to MARY RUSSO BE IT FURTHER RESOLVED: That this Resotution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Councit this Fourth day of February, Nineteen Hundred Eighty-Five. Giv my hand and seal, ita@or February 4, 1985 28 - Item II-K-3 CONSENT AGENDA ITEM 23174 Upon motion by Councilwoman Obernd,,f, seconded by Councilman Baum, City Council ADOPTED a Resolution in Recognition to: Frank Williamson Transportation Safety Commission Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, R,be,t 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 Councii Members Absent: None *Verbal Aye February 4, 1985 - 28a - RESOLUTION OF APPRECIATION TO FRANK WILLIAMSON WHEREAS: Frank Williamson served as a member of the Transportation Safety Com@ssion for seven years, he has served willingly and untiringty in behatf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have invotved personat sacrifices and inconveniences, not only to him but frequentty to his famity. We trust much satisfaction was reatized in successfutly ad@n- ir,tering in this advisory capacity--not only to City Councit but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untotd dottars, but, more importantly, our successfut growth depends upon them. His footprints in the sands of time @tt tong reftect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City CounciL here assembled pauses in its detiberations to express pride in and deepest gratitude for these years of service to FRANK WILLIAMSON BE IT FURTHER RESOLVED: That this ResoLution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Council this Fourth day of February, Nineteen Hundred Eighty-Five. and and seat, r February 4, 1985 - 29 - Item II-K.4-9 CONSENT AGENDA ITEM # 23175 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED the following Resolutions in Recognition to Members of the COMMUNITY SERVICES BOARD: Kenneth Carbaugh Mason Moton Thomas Northam Bernard Pendleton Pauline Porter Bernadine Wallace These Resolutions in Recognition had been previously mailed to the recipients. 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 *Verbal Aye February 4, 1985 RESOLUTION OF APPRECIATION TO KENNETH CARBAUGH WHEREAS: Kenneth Carbaugh served as a member of the Community Services Board for seven years, he has served wilLingty and untiringly in behatf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unsetfish service have invotved personal sacrifices and inconveniences, not onty to him but frequentty to his famity. We trust much satisfaction was reatized in successfuLLy admin- istering in this advisory capacity--not onty to City Council but also to the citizens of this fast-growing rwtropolis. Advisors and Volunteers have saved the City untold dottars, but, more importantly, our successfut growth depends upon them. His footprints in the sands of time @tL tong reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembted pauses in its deliberations to express pride in and deepest gratitude for these years of service to KENNETH CARBAUGH BE IT FURTHER INSOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Councit this Fourth day of February, Nineteen Hundred Eighty-Five. Given @nder my hand and seal, mdyd@ RESOLUTION OF APPRECIATION TO MASON MOTON WHEREAS: Mason Moton served as a member of the Community Services Board for five years, he has served witt- ingty and untiringty in behatf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personat sacrifices and inconveniences, not anty to him but frequentty to his famity. We trust much satisfaction was reatized in successfutty adniin- istering in this advisory capacity--not onty to City Council but atso to the citizens of this fast-growing rwtropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time witt tong reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembted pauses in its detiberations to express pride in and deepest gratitude for these years of service to MASON MOTON BE IT FURTHER INSOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this FormaL Session of Virginia Beach City Council this Fourth day of February, Nineteen Hundred Eighty-Five. Givenlunder my hand and seat, RESOLUTION OF APPRECIATION TO THOMAS NORTHAM WHEREAS: Thomas Northam served as a member of the Community Services Boani for five years, he has served witt- ingty and untiringly in behatf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have invotved personal sacrifices and inconveniences, not only to him but frequentty to his famity. We trust much satisfaction was reatized in successfulty admin- istering in this advisory capacity--not only to City Councit but atso to the citizens of this fast-growing metropotis. Advisors and VoLunteers have saved the City untold dottars, but, more importantly, our succe8sfut growth depends upon tltem. His footprints in the sands of time WILL tong reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to THOMAS NORTHAM BE IT FURTHER RESOLVED: That this Resotution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Councit this Fourth day of February, Nineteen Hundred Eighty-Five. Givel under my hand and seal, RESOLUTION OF APPRECIATION TO BERNARD PENDLETON WHEREAS: Bernard Pendleton served as a member of the Community Services Board for eight years, he has served witlingty and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish semice have involved personal sacrifices and inconveniences, not only to him but frequentty to his famity. We trust much satisfaction was reatized in successfully admin- istering in this advisory capacity--not onty to City Councit but also to the citizens of this fast-growing lwtropolis. Advisors and Volunteers have saved the City untold dottars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time @tt tong reftect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembted pauses in its deliberations to express pride in and deepest gratitude for these years of service to BERNARD PENDLETON BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City Councit this Fourth day of February, Nineteen Hundred Eighty-Five. Given under my hand and seal, RESOLUTION OF APPRECIATION TO PAULINE PORTER WHEREAS: Pautine Porter served as a member of the Community Services Board for six years, she has served witt- ingty and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, her dedication and unsetfish service have invotved personal sacrifices and inconveniences, not onty to her but frequently to her famity. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Councit but also to the citizens of this fast-growing 7wtropotia. Advisors and VoLunteers have saved the City untold dottars, but, more importantly, our successfut growth depends upon them. Her footprints in the sands of time witt tong reftect the tremendous strides of her service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City CounciL here assembted pauses in its deliberations to express pride in and deepest gratitude for these years of service to PAULINE PORTER BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the minutes of this Format 5ession of virginia Beach City Councit this Fourth day of February, Nineteen Hundred Eighty-Five. ive under my hand and seal, -Rdyor RESOLUTION OF APPRECIATION TO BERNADINE WALLACE WHEREAS: Bernadine WaLlace served as a member of the Community Sezvices Boayd for six years, she has served wittingly and untiringty in behalf of the City of Virginia Beach@ WHEREAS: Throughout these years, her dedication and unsetfish service have invotved personal sacrifices and inconveniences, not onty to her but frequently to her family. We trust much satisfaction was reatized in successfuLLy admin- istering in this advisory capacity--not only to City Councit but also to the citizens of this fast-growing mtropolis. Advisors and Volunteers have saved the City untotd doLLars, but, more importantty, our successfut growth depends upon them. Her footprints in the sands of time will tong reftect the tremendous strides of her service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to BERNADINE WALLACE BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Format Session of Virginia Beach City CounciL this Fourth day of February, Nineteen Hundred Eighty-Five. n under my hand and seat, - 30 - Item II-K.10. CONSENT AGENDA ITEM # 23176 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, as per the following: Ordinance, on SECOND READING, to amend and reordain Article II, Section 18-46, 18-47(a), 18-48(a) and (b), 18-52(a), 18-53(a) (c) (d) and (e), 18-54(a), 18-55(a), 18-56(b) (c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a), 18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18- 73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b) and 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18- 114(a), and 18-116 of the Code of the City of Virginia Beach pertaining to the license tax schedule. This Ordinance shall become effective May 1, 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.t 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: None February 4, 1985 *Verbal Aye 30a AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, SECTIONS 18-46, 18-47(a), 18-48(a) and (b), 18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a), 18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a), 18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-114(a) 18-116 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE LICENSE TAX SCHEDULE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article II, Sections 18-46, 18-47(a), 18-48(a) and (b), 18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a), 18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a), 18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-114(a) 18-116 of the Code of the City of Virginia Beach, Virqinia, are hereby amended and reordained as follows: Section 18-46. Unclassified businesses or trades. Every person engaqed in any business or trade not subject to a specific license tax under the provisions of this chapter or other ordinance of the city shall pay a license tax equal to the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts, in-eneesS-Of-@T50@GO in such business or trade during the preceding calendar year. Section 18-47. Agents for selling books, magazines and periodicals. (a) Each agent for selling books, magazines and periodicals shall pay a license tax of $497GO-Lger-yeaL,-OL.-$S@OG per-menthT-if-fer-iess-than-one-year the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts attributable to the business conducted within the city during the preceding calendar year. In addition, a fee of $20.00 will be collected from each agent granted a permit to sell door-to-door. February 4, 1985 Section 18-48. Agricultural service businesses. (a) Every person engaged in any agricultural service business shall pay a license tax equal to 025790-and twenty-seven the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts 4n-eneess-ef $275997GG in such business during the preceding calendar year. (b) Agricultural service businesses, as referred to in this section, shall. include those businesses set out below and any miscellaneous agricultural service businesses not elsewhere classified: (1) Grist mills, includinq custom flour mills. (2) Crop dusting: contract. (3) Crop spraying: contract. (4) Weed control, on a contract or fee basis. (5) Veterineriana-anel Animal hospitals. (6) Animal husbandry services: a. Animal breeding and traininq. b. Doq grooming shops. c. Kennels. (7) Horticultural services. Section 18-52. Amusement and recreation service businesses. (a) Every person engaged in any amusement and recreation service business shall pay a license tax equal to $ZST99-and the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the precedinq calendar year. Section 18-53. Amusement parks. (a) The owner or operator of any permanent park for public amusement in the city open to the public shall, for the privilege of operatinq within such park a bowling alley, hobby horse, merry-go-round, ferris wheel, old mill, dip-the-dips and other similar amusements, bathhouses, boat houses, parking lots and the following coin-operated devices: Machines for exhibiting pictures, automatic photo machines, baseball machines, bowling alley machines, hockey machines, auto testing machines, machines for testino strenqth or grip, electronic gun and rifle machines, -2- aeroplane-testing machines, basketball machines, foot-ease machines, weight scale machines, punching bag machines, tractor machines, crane machines, voice-recording machines and similar coin-operated amusement devices that are usual to an amusement arcade operation, other than coin-operated pinball machines, shall pay the following license tax: thereteT the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts, exclusive of any federal and city admission tax thereon, from all such activities, except the gross receipts from the operation of such bathhouses, boat houses and parkinq lots; provided, that coin-operated pinball machines shall be separately licensed under the law relating thereto. (c) Whenever any amusement within an amusement park is operated by a person other than the operator of such park, such person shall pay for such amusement the following license tax: the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts therefrom, exclusive of any federal and city admission tax thereon. (d) Any person, other than the operator of an amusement park, who shall operate any amusement within such park, for which tickets are not sold, such as recordinq the voice, guessing one's weight, testing one's strength and the like, shall pay a license tax of $,Sg@99 the qreater of thirty dollars or thirty-six one hundredths of one percent of the qross receipts therefrom. (e) Any person operating any concession, amusement enterprise or other like business enterprise, for which a license tax is not specifically provided in this section, shall pay an annual license tax of $lGG7G4t-providedT-howeverT-that-&MY $ITGG9709 the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts therefrom. -3- Section 18-54. Athletic fields or parks for professional sports. (a) Every person operating an athletic field or park for professional baseball games, football games and other professional games of similar character, where a charge is made for admission, shall pay a license tax of 025vgg-EeL--eaeh-day the greater of thirty dollars or thirty-six hundredths of one percent of the gross receipts, exclusive of any federal and city admission tax thereon, from admissions to such athletic field or park. Section 18-55. Automotive services and garage businesses. (a) Every person enqaged in any automotive service and garage business shall pay a license tax equal to $as7oo-and the greater of thirty dollars or thirty-six one hundredths of one percent of the qross receipts in such business durinq the preceding calendar year. Section 18-56. Barbershops, beauty parlors and barber and beauty culture schools. (b) Every person who shall conduct or operate a barbershop shall pay a license tax of $257GO-and-ferty-one the greater of thirty dollars or thirty-six one hundredths of one percent on gross receipts in such business during the preceding calendar year. (c) Every person who shall conduct or operate a beauty parlor or hairdressing establishment shall pay a license tax of the greater of thirty dollars or thirty-six one hundredths of one percent on gross receipts 4n-eiteese-of $27599799 in such business during the preceding calendar year. A license issued under this chapter pursuant to the payment of the license tax set out in this subsection shall not authorize the teaching or instruction of beauty culture or cosmetology. -4- (d) Every person who shall conduct or operate a barber school or beauty culture school shall pay a license tax of @i2S799 the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. The rendering by students in such school, in the course of their training, of services usually performed in barbershops and beauty parlors shall not require the payment of an additional license tax required by this section. Section 18-58. Barqing and liqhterinq. Every person engaged in the city in the business of barginq and liqhterinq, or who shall hire out barqes, liqhters or vessels to do this work, or have an office in the city where such contracts are made, shall pay a license tax of $SOTOO.the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business conducted in the city during the preceding calendar year. section 18-59. Beach equipment rental - Generally. (a) Each person engaged in the business of renting beach equipment in the city shall pay a license tax based-upen-the -5- of the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-60. Same - Surfboards. (a) Each person engaged in the business of renting surfboards in the city shall pay a license tax based-algen-the of the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-62. Billiard, pool or bagetelle tables or shuffleboards. (a) -6- or-net Every person engaged in the business of operating a pool room in which are located billiard, pool or bagetelle tables or shuffleboards shall pay a license tax of the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calend ear. Section 18-63. Billposters. (a) Every person engaqed in business as a billposter shall pay a license tax of $2GOTGG the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business. Section 18-64. Boardinghouses, lodging houses and tourist homes. Every person engaged in keeping a boardinghouse, lodging house or tourist home, where the total number of rooms available for boarders or lodgers is 5 or less shall pay an annual license tax of the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts Where the total number of rooms available for boarders or lodgers is over 5, such person shall pay the license tax reauired of hotels and other like establishments under section 18-85. Section 18-65. Bondsmen. (a) Every person who shall, for compensation, enter into any bond or bonds for others, whether as principal or surety, shall pay a license tax of $2GG7GG the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-66. Card-writing stands. Every person operating a card-writing stand shall pay a license tax of 04GTGG the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts therefrom. -7- Section 18-71. City directories. Every person engaged in the city in the business of publishing or distributing a directory, commonly known as a "city directory," havinq an office or representative, or making a contract for work or soliciting for work, in the city, shall pay a license tax of $89799 the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts attributable to the business conducted within the city durinq the preceding calendar year. In addition, a fee of $20.11 will be collected from each agent granted a permit to solicit. Section 18-72. Coin-operated machines - Operators. (b) Every operator shall pay a license tax of $200.00 and, in addition, one-feurth the greater of thirty dollars or thirty-six one hundredths of one percent on the share of gross receipts actually received by the operator from such business for the precedinq calendar year Section 18-73. Same - Vending machines. (a) Every person engaqed in the business of selling goods, wares and merchandise through the use of coin-operated vending machines shall be classified as a retail merchant on that phase or part of the business done through such machines and shall pay a license tax of greater of thirty dollars or twenty-ene one hundredths of one percent of the gross receipts for the privilege of doing business in this city; provided, however, that if any such person has more than one definite place in this city at which goods, wares or merchandise are stored, kept or assembled for supplying such vending machines, each such place in excess of one shall be regarded as an additional definite place of business. Section 18-74. Commercial service businesses. (a) Every person engaged in any commercial service business shall pay a license tax equal to $25TG9-and the greater of thirty dollars or thirty-twe six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. -8- Section 18-75. Contractors and persons constructing houses for subsequent sale or rental. (a) Subject to the provisions of section 58-299 of the Code of Virginia, every person engaqed in any contractinq service business shall pay a license tax equal to $SGTGO-amel the greater of thirty dollars or sixteen one hundredths of one percent of the gross receipts in-e*eess-ef-@579997GG in such business during the preceding calendar year. Contract service businesses referred to in this subsection shall include those businesses set out below and any miscellaneous contract service business not elsewhere classified: (1) General buildinq contractors. (2) Highway and street construction. (3) Heavy construction. (4) Special trade contractors: a. Plumbing, heating and air-conditioning. b. Painting, paper hanqing and decorating. C. Electrical. d. Masonry, stone setting and other. e. Stonework. f. Plasterinq and lathinq. g. Terrazzo, tile, marble and mosaic work. h. Carpentering. i. Floor layinq and other floorwork. j. Roofing and sheet metal work. k. Concrete work. 1. Structural steel erection. M. Ornamental metal work. n. Glass and glazing work. 0. Excavatinq and foundation work. p. Wrecking and demolition work. q. Removing contents of privies, cesspools, septic tanks and other similar facilities. (b) Any person enqaqed in the business of erecting or constructing office buildings, motels, hotels, condominiums, houses or any other structures suitable for habitation for the -9- purpose of selling the same, not employing therefor a contractor or person who shall act as superintendent who has paid the license tax required by law, shall pay a license tax as provided in subsection (a) of this section for a person enqaqed in business as a contractor; provided, however, if such person maintains ownership of such structure and rents or leases rooms or space in such structure, then such person shall pay a license tax equal to $597GG-and the greater of thirty dollars or sixteen one hundredths of one percent of the actual cost of construction No license for the conduct of such business shall be transferred ner-shall-the-lieense-tax-be prerated. Section 18-76.1. Dealers in precious metals and gems. (b) Tax levied on receipts. Every dealer engaged in business in the city of purchasinq, acquiring or sellinq secondhand precious metals or gems shall pay a license tax equal to the qreater of thirty dollars or thirty-six one hundredths of one percent of all gross receipts received in the resale either-at-retaii-er-whelesale of such precious metals or gems made in-emeege-ef-$275GG799 during the preceding calendar year. pureha9e97 Section 18-77. Detectives, detective aqencies, watchmen services, security patrols and similar security services. (a) Every person operating a detective agency or enqaged in the business of a detective shall pay a license tax of emlgieye'4T-ani4-for-eaek-a444itienal-elgerateL--er-person-empleye&T -10- the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calend ear. Any person or agency obtaining a license under this subsection may conduct the business of furnishing watchmen for compensation, without securing an additional license under subsection (b) of this section for so doing. (b) Every person or agency furnishina watchmen security patrols or similar security services for compensation shall pay a license tax of watehrRem-er-FnereT-ineluding-the-ewnerT-there-shall-be-paid-a the qreater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-79. Dry cleaning, dyeing, towel and linen rental service, etc., (nonlocal). (a) Every person engaged in the business of dry cleaninq, dyeinq, laundry, ruq cleaning, pressing or towel and linen rental service, who does such work outside the city and who solicits or receives such work in the city to be done outside the city, shall pay a license tax of $69@9-fer-eaeh-vehiele-er reeeiv,imej-eL--delivering-sueh-wer)e the greater of thirty dollars or thirty-six hundredths of one percent of the gross receipts attributable to the business conducted within the city. Section 18-80. Educational service businesses. (a) Every person engaged in any educational service business shall pay a license tax equal to $25TOO-and-ferbY-twe the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such businesses during the preceding calendar year. Section 18-82. Emigrant labor agents. (a) Every person engaged in the business of soliciting, hiring or contracting with laborers to be employed by persons other than himself beyond the limits of the state, and every agent of sucb person, shall pay a license tax of 057999@e-per year the greater of ix one hundredths of one percent of the qross receipts in such business urinq the preceding calendar year. Such prerate4-amel-the license shall not be transferred. Section 18-85. Hotels, motels, motor lodges, etc. Every person conducting the business of keeping a hotel, motel, motor lodge, auto court or tourist camp shall pay an annual license tax equal to $25799-and the qreater of thirty dollars or thirty-mine six one hundredths of one percent of the gross receipts during the preceding calendar year, except receipts from telephone service and except rent from stores and offices. Section 18-86. Junk dealers and canvassers; secondhand dealers. (a) Every person engaged in business in the city as a junk dealer shall pay a license tax equal to $25799-and ene-fearth the greater of thirty dollars or thirty-six one hundredths of one percent of the gross sales, whether paid for or not, in such business during the preceding calendar year. Section 18-87. Marinas. Every person engaged in the business of keeping or -12- operating a marina shall pay a license tax equal to @25799 and-twenty-eiejht ars or thirty-six one-hundredths of one percent of the gross receipts, including the gross receipts from the sale of gasoline, motor oils, engines, engine parts, boats and other merchandise, repairs and equipment and from the berthing of boats, in-eneess-of 027599TOG in such business during the preceding calendar year. Section 18-88. Medical and other health service businesses. (a) Every person engaged in any medical or other health-service business shall pay a license tax equal to $astoo and-forth-three the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts 4ft-emeese-ef 02T5GG7GO in such business during the preceding calendar year. Section 18-89. Merchants, retail. (a) Every person enqaged in the business of a retail merchant shall pay a license tax equal to $25vGO-and eater of thirty dollars or twenty-ene one hundredths of one percent of the gross sales, whether paid or not, 4n-eneeSS-O#-$275GOTGO in such business during the preceding calendar year. Section 18-91. Money lenders generally; handling or dealing in installment paper. (a) Every person, other than banks, bankers, pawnbrokers and those set forth in the following subsections of this section engaged in the business of purchasing salaries, er-ef lending money, or handling or dealing in installment paper, with or without security or endorsement, shall pay a license tax of $SeGTGO the greater of thirty dollars or fifty-eight one hundredths of one percent of the gross receipts in such business durinq the precedinq calendar year. -13- fe* (b) No license, the tax for which is set out in this section, shall be transferable. Section 18-92. Pawnbrokers. (a) Every person enqaqed in business as a pawnbroker shall pay a license tax of as-a-merehant-that-inay-]5e-imposedr--The-lieense-ta3e-imposed-by the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-99. Personal service businesses. (a) Every person enqaged in any personal service business shall pay a license tax equal to the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business durinq the preceding calendar year. Section 18-100. Photographers, film developers, etc., with no permanent place of business in city; canvassers or solicitors for photographers film developers, etc. +a* Every person engaged in the business of taking pictures or photoqraphs or developing, copying or enlarging the -14- same, or both, but who has no permanent place of business in the city, shall pay a license tax of $158709 the qreater of thirty dollars or thirty-six hundredths of one percent of the gross receipts attributable to such business conducted in the city during the preceding calendar year. Secton 18-100.1. Professional service businesses and professions. (a) Every person enqaged in any professional service business or profession shall pay a license tax equal to $2s7GG and-sixty-two the greater of thirty dollars or fifty-eight one hundredths of one percent of the gross receipts 4n-emeess-ef $27599799 in such business durinq the precedinq calendar year. (b) Professional service businesses and professions referred to in this section shall include those businesses and professions set out below and any miscellaneous professional service business or profession not elsewhere classified: (1) Accounting, auditing and bookkeeping services. (2) Dentists and dental surqeons. (3) Engineers, architects and surveyors. (4) Industrial desiqners. (5) Attorneys at law. (6) Orthodontists. (7) osteopathic physicians. (8) Physicians and surqeons. (9) Gynecologists. (10) Neurologists. (11) Obstetricians. (12) Oculists. -15- (13) ophthalmologits. (14) Pathologists. (15) Psychiatrists. (16) Psychoanalysts. (17) Radiologists. (18) Veterinarians. Section 18-101. Real estate and finance businesses. (a) Every person engaged in any real estate or finance business shall pay a license tax equal to $257GO-and the greater of thirty dollars or fifty-five eiqht one hundredths of one percent of the gross receipts in-exee95-0f-$27599TOO in such business durinq the preceding calendar year. Section 18-102. Repair service businesses. (a) Every person engaqed in any repair service business shall pay a license tax equal to $25TGO-anel the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the precedinq calendar year. Section 18-104. Shooting galleries and archery ranges. Every person operating a shooting gallery or archery gallery or archery range shall pay a license tax of $45TGO the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-105. Taxicabs and for-hire cars. Every person engaqed in the business of operatinq taxicabs or for-hire cars over the streets of the city, under provisions of this Code and other ordinances of the city regulating the operation of taxicabs and for-hire cars, to whom a certificate of public convenience and necessity for the operation of such taxicabs and for-hire cars has been issued, shall pay a license tax of -16- the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Section 18-109. Theaters for moving pictures. (a) Every person engaged in the business of furnishing entertainment by the use of moving or talking pictures in a theater or drive-in establishment where a charge is made for admission shall pay a license tax of the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts, exclusive of any federal or city excise tax thereon, received for admissions during the preceding calendar year. Where merchandise is sold at any such theater, a merchant's license shall be required in addition to the above. Section 18-110. Theatrical performances, etc. (a) On every theatrical performance or any performance similar thereto, panorama or any public performance or exhibition of any kind, except motion pictures, where an admission fee is charged, there shall be paid a license tax of r74GTGO-fer-eaeh the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts therefrom. Section 18-112. Trading stamps, premium coupons, etc. (a) Every person engaged in the business of selling or issuinq trading stamps or any similar devices to merchants or redeeminq trading stamps or any similar devices, givinq money -17- rebates or other things of value therefor, shall pay a license tax equal to the greater of thirty dollars or thirty-six one hundredths of one percent of the value of the trading stamps or any similar devices sold, issued or redeemed, in such business during the preceding calendar year. (b) Every person who shall redeem, on behalf of any manufacturer, premium coupons, certificates or similar devices attached to oriqinal packages put up by such manufacturer and sold under his trade name, brand or mark shall pay a license tax of @+oovG@ the greater of thirty dollars or thirty-six one hundredths of one percent on the value of the premium coupons, certificates or similar devices. Section 18-113. Trailer courts. (b) Every person conducting the business of keeping a trailer court shall pay an annual license tax equal to $lSvOG trailer-eedrt7-aM6-4v5 the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts of the business during the precedinq calendar year. Section 18-114. Transportation and warehousing businesses. (a) Every person engaged in any transportation and warehousing business shall pay a license tax of $45TOO-and L-wenlay-e-itthl! the greater of thirty dollars or thirty-six one-hundredths of one percent of the gross receipts 4n-emeess in such business during the preceding calendar year. Section 18-116. wrecking or salvaging automobiles. Every person engaged in the business of wrecking or salvaging automobiles, having an office or representative or making contracts for work or soliciting work in the city, shall pay a license tax of @5grOG the greater of thirty dollars or thirty-six one hundredths of one percent of the gross receipts in such business during the preceding calendar year. Adopted by the Council of the City of Virginia Beach, Virginia, this 4 day of February 1985. This Ordinance shall become effective May 1, 1985. MES/re 01/08/85 01/2 2/8 5 01/29/85 (ORD I) FIRST READING: January 28, 1985 SECOND',READING: February 4, 1985 February 4, 1985 -19- - 31 - Item II-K.11 CONSENT AGENDA ITEM # 23177 Upon motion by Councilwoman Oberndarf, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate grants totaling $23,500 from the VIRGINIA DIVISION OF MOTOR VEHICLES. 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 *Verbai Aye February 4, 1985 -31a AN ORDINANCE TO ACCEPT GRANTS TOTALING $23,500 FRCM TEIE VIRGINIA DIVISICN Cr MCTOR VEHICIXS AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council is interested in iwproving traffic safety and reducing accidents within the City of Virginia Beach,and WHEREAS, fcur grants totaling $23,500 are available from the Virginia Division of Motor Vehicles for these purposes; and VIHEREAS, no local funds are required. NOVI, THEREFORE, BE IT ORDAINED BY THE CCUNCIL OF THE CITY CF VIRGINIA BEACH that funds from the above grants be accepted and $23,500 be appropriated to carry out the programs as fcllows: 1. Child Care Restraint Distribution and Training Progrwn - $2,000 2. EMT Training Program Enhancerent - $2,500 3. occupant Restraint/Traffic Safety Display - $9,000 4. Computer Automated Traffic Suiripons System - $10,000. BE IT FURTHER ORDAINED that estimated revenues frcr. the Federal Goverrunent be increased by $23,500 to finance these appropriations. This ordinance shall be effective from the date of adopticn. FIRST READING: January 28, 1985 SECCND RFADING: February 4, i985 Adopted by the Council of the City of Virginia Beach on the 4 day of February 1985 -_d7, February 4, 1985 - 32 - Item II-F.12 CONSENT AGENDA ITEM # 23178 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Councl ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way of Kempsville Road to ROCK CHURCH, its assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. This encroachment shall not be iii effect until an agreement has been executed encompassing the above conditions. Voting: 11-0 CouTicil 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. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Votirig Nay: None Council Members Absent: None February 4, 1985 - 32a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF KEMPSVILLE ROAD, TO ROCK CHURCH, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Rock Church, its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Kempsville Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a flag pole and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Kempsville Road as shown on that certain plat entitled: "ROCK CHURCH VIRGINIA BEACH, VIRGINIA ROCK CHURCH FLAG POLE,' a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Rock Church, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of Kempsville Road and that Rock Church, its assigns and successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that Rock Church, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case February 4, 1985 - 32b - it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that Rock Church executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of February 19 85. MES/re 12/17/8 4 (29H) .,y -2- February 4, 1985 lit cn 0 25 z @iz L*SICNLD JLC ROCK CHURCH VIRGINIA BEACH, VIRGINIA THE CIGG PARTNERSHIP UKAWN FEW CEGG ROCK CHURCH FLAG POLE CHLCKLU ABG NOV@MBER 14,1984 AP@ED JLC SHEET I OF 3 AT TTP 7u SECTION NO SCALE G O,A UM 7@A KJM @AC-D O,_L N ,VTANC)A;2tP ME-TAL- @E; Va U t4 8) o;Z F@com c@L.ActsZ- FUUP- qAZ:)AOO@ t%ltrt 'o. OIZ;Lh@7E:CP 0 Ubt 0 r4r- 12 C-T L- F-OU;Z v4E:L.@L-:) CPTF-E6L- 14 14'@ 14, tT@ @ L. eA@ F'L-AT@- 11 i,@" C)IA, @TE7;-.@ L.I@HTNING A21Z=-@@2- PLAT@ FOUNDATION DETAIL NO SCALE I)(SgNLD JLC ROCK CHURCH VIRGINIA BEACH, VLRGWIA THE CECC PARTNERSHIP DKAWN FEW CEGG I.,..IA ROCK CHURCH FLAG POLE CHICKEU ABG NOVEMBER 14,1904 APPKOVLD JLC SHEET I OF 3 GENERAL NOTES 1. MATERIALS AND DESIGN STRESSES: CONCRETE F'c - 3500 PSI STEEL F'y - 36 KSI 2. STEEL PLATE SHALL CONFORM TO ASTM A36. 3. CORRUGATED TUBE SHALL BE GALVANIZED 16 GAUGE STEEL, AND CONFORM TO AASHTO M36 OR M218. 4. SEALANT SHALL BE POLYURETHANE CONFORMING TO ASTM C 920, TYPE S OR M. GRADE P, CLASS 25, USE T. 5. HARDWOOD WEDGES SHALL RECEIVE A PRESERVATIVE TREATMENT IN ACCORDANCE WITH AWPA STANDARDS. 6. ALL WELDING SHALL BE IN ACCORDANCE WITH AWS Dl.l. 7. CONCRETE SHALL BE ALLOWED TO CURE FOR 14 DAYS BEFORE FLAG POLE IS ERECTED. THE FLAG POLE SHALL BE CENTERED PLUMB AND TRUE IN THE CORRUGATED STEEL TUBE WITH HARDWOOD WEDGES. THE TUBE SHALL THEN BE FILLED WITH SCREENED DRY SAND AND THOROUGHLY TAMPED IN 6-INCH LIFTS. THE TAMPED SAND SHALL BE SEALED AGAINST MOISTURE WITH 2 INCHES OF SEALANT. LtS@D JLC ROCK CHURCH VIRGINIA BEACH, VIRGINIA THE CEGG PARTNERSHIP UKAWN FEW CEGG ROCK CHURCH FLAG POLE CHLC$:fD ABG NOVEMBER 14,1984 APMOVED JLC SHEET 3 OF 3 - 33 - Item II-F.13 CONSENT AGENDA ITEM # 23179 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way Pacific Avenue and 10th Street to THOMAS M. MURPHY, his heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit and have approved a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. 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.1 Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndarf Council Members Voting Nay; None Council Members Absent: None February 4, 1985 *Verbal Aye - 33a Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY PACIFIC AVENUE AND 10TH STREET TO THOMAS M. MURPHY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Thomas M. Murphy, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Pacific Avenue and 10th Street. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining underground footings and pilings for an addition to Murphy's Emerald Isle Motel and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Pacific Avenue and 10th Street, on the certain plat entitled: 'A 50 UNIT ADDITION TO MURPHY'S EMERALD ISLE MOTEL,' a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Thomas M. Murphy, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Pacific Avenue and 10th Street and that Thomas M. Murphy, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. February 4, 1985 - 33b AND, PROVIDED FURTHER, that it is expressly understood and agreed that Thomas M. Murphy, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Thomas M. Murphy executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of February 19 85 MES/re 11/28/8 4 (29C) APPROVED AS TO CONTENT SIGNATURE DEPARTMENT AS &r 1,0 I SIGNATU CITY ATTORNEY -2- February 4, 1985 33c vis I 4 c sis 11, 1!..i ;i i 11 I g a 'V' i I i1- ii.5 ;; I . I 11 las I II x 10 age is g! an c 4 I'k i T. a I.! '30! a t S. a I ' all Is Iis v I It I -1 2. a if 19 Xi gill !El .1 13 23 i5l3g 2 gig Ii mt I 1/2v. z February 4, 1985 - 34 - Item II-F.14 CONSENT AGENDA ITEM # 23180 Upon motion by Councilwoman Oberndarf, seconded by Councilman Baum, City Council APPROVED the Low Bid of INNER-VIEW, LTD., in the amount of $851,463 for the NORTH BEACH STORM DRAINAGE SYSTEM, PHASE II; AND, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. 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 *Verbal Aye February 4, 1985 - 35 - Item II-F.15 CONSENT AGENDA ITEM # 23181 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council APPROVED the following Raffle Permit: JAMES K. COLE MEMORIAL SCHOLARSHIP FUND 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 *Verbal Aye February 4, 1985 - 36 - Item II-L.1 TJNFINISIIED BUSINESS ITEM # 23182 COX CABLE PRESENTATION Roger Pierce, Vice President and General Manager of Cox Cable, spoke in support of the Rate Increase and noted that he was remiss in not advising the City that at the request of local partners, Corporate headquarters would conduct an evaluation to determine the company's value and a possible stock "buy-back" arrangement. Robert N. Redella, Corporate Director of Investment Planning (Atlanta Office), presented a visual display (copy of said display is hereby made a part of record). Mr. Redella advised Cox Cable Communications is purchasing the shares from the Local Partners, not Cox Cable Virginia Beach. The rate increase proposal is based on Cox Cable Virginia Beach's attempt to obtain a fair return on its OPERATING ASSETS only. Neal Barronton, Corporate Financial Analyst, also presented a visuai display (copy of said display is hereby made a part of the record). Mr. Barronton addressed Cox's Rate Evaluation and emphasized Cox Communications is the parent company and provides the funds for ail of its subsidiaries. Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Resolution: A RESOLUTION ANNULLING AUTHORIZATION GRANTED TO COX CABLE VIRGINIA BEACH, INC., TO INCREASE THE MONTHLY RATE CHARGED TO SUBSCRIBERS FOR BASIC SERVICE. On January 14, 1985, City Council had granted AUTHORIZATION to COX CABLE VIRGINIA BEACH to increase its rate for basic monthly service. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. 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 February 4, 1985 36a - A RESOLUTION ANNULLING AUTHORIZATION GRANTED TO COX CABLE VIRGINIA BEACH, INC. TO INCREASE THE MONTHLY RATE CHARGED TO SUBSCRIBERS FOR BASIC SERVICE WHEREAS, Cox Cable Virginia Beach, Inc., applied to City Council for authorization to increase the rate charged to subscribers for basic service from $9.24 per month to $10.50 per month; and WHEREAS, as required by the CATV Ordinance, adopted by City Council on May 17, 1976, a scheduled renegotiation session and public hearing were held to consider the application; and WHEREAS, during said scheduled renogotiation session and public hearing, Cox Cable Virginia Beach presented a financial report to City Council in support of its contention that the rate increase was necessary in order for Cox Cable Virginia Beach to gain a reasonable return on its investment; and WHEREAS, based on said report and on oral representa- tions made to City Council concerning the need for the requested increase, City Council did, on January 14, 1985, grant authoriza- tion to Cox Cable Virginia Beach to increase its rate for basic monthly service; and WHEREAS, City Council granted authorization of said increase in reliance on financial information presented by Cox Cable Virginia Beach which was presumed to represent a full disclosure of the financial status of Cox Cable Virginia Beach; and WHEREAS, within one week of granting authorization for the requested increase, City Council was informed by sources other than Cox Cable Virginia Beach that Cox Cable Virqinia Beach's parent company, Cox Cable Communications, Inc., was negotiating a stock redemption of the stock of local investors at a return on investment of 450%; and WHEREAS, City Council was further informed that said negotiations began in March 1984; and February 4, 1985 36b - WHEREAS, the failure of Cox Cable Virginia Beach to provide information regarding the proposed stock redemption, prior to January 14, 1985, effectively denied City Council the benefit of a full financial disclosure in making the decision to grant or deny the rate increase request; and WHEREAS, City Council has reviewed the additional information which was not provided prior to the January 14, 1985, and has determined that if said information had been provided prior to January 14 1985, the rate increase qranted on that date would not have been granted, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the authorization granted to Cox Cable Virginia Beach, Inc., on January 14, 1985, to increase the monthly rate charged to subscribers for basic service is hereby annulled. Adopted this 4 day of February 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da RES.3 2/4/85 February 4, 1985 - 3 7 - Item II-L.2 UNFINISHED BUSINESS ITEM # 23183 REPORT OF BOND REFERENDUM COMMITTEE The City Manager advised the Report of the BOND REFERENDUM COMMITTEE will be presented at a later Council Meeting. February 4, 1985 - 38 - Item II-M.1 NEW BUSINESS ITEM # 23184 "FORWARD, @TON ROADS" By CONSENSUS, the Presentation: "FORWARD, HAMPTON ROADS", sponsored by Council- woman Nancy Creech, was DEFERRED to the February 11, 1985, City Council Meeting. This Presentation will be conducted from 12:30 to 1:00 p.m., prior to Council's EXECUTIVE SESSION. February 4, 1985 - 39 - Item 11-M. 2 NEW BUSINESS ITEM # 23185 INTERIM FINANCIAL STATEMENTS JULY 1, 1985 through DECEMBER 31, 1985 Giles Dodd, Assistant to the City Manager for Administration, was in atteDdance to respond to any inquiries concerning the INTERIM FINANCIAL STATEMENTS for the period July 1, 1984 through December 31, 1984. Mayor Heischober advised REVENUES were $4.8 MILLION ahead of expectancy and EXPENDITURES were $9.3 MILLION less than expectancy. February 4, 1985 - 40 - Item II-M.3 NEW BUSINESS ITEM # 23186 RESORT AREA ADVISORY COMMISSION STAFF POSITIONS Michael J. Barrett, Assistant to the City Manager for Citizen Affairs, presented City Council a report on the RESORT AREA ADVISORY COMMISSION STAFF . Mr. Barrett will serve as Director of the IMMEDIATE ACTION PROGRAM of the RESORT AREA ADVISORY COMMISSION. The funds necessary to fund these positions has been reduced. A Budget will be provided for this continuing operation beginning July 1, 1985. Mr. Barrett advised that a main priority of the Staff will be to report to City Council on a ninety-day basis concerning the accomplishments of this program. RESORT AREA ADVISORY COMMISSION STAFF *ASSISTANT TO THE CITY MANAGER $51,672 CODE ENFORCEMENT COORDINATOR $26,532 MANAGEMENT ANALYST 1 $19,224 ADMINISTRATIVE ASSISTANT Ill $19,704 PLANNER I $20,712 SECRETARY IV $14,640 SECRETARY I $10,344 MOTOR EQUIPMENT OPERATOR $12,312 ZONING INSPECTOR $15,768 *Position already established in the City Manager's office Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the STAFF POSITIONS for the IMMEDIATE ACTION PROGRAM of the RESORT AREA ADVISORY COMMISSION. 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 (City Council had requested on January 7, 1985, prior to the employment of any PERSONNEL for the IMMEDIATE ACTION PROGRAM of the RESORT AREA ADVISORY COMMISSTON, the City Manager review his proposals with the City Council for their FINAL APPROVAL. (See Item # 23014, Minutes of January 7, 1985). February 4, 1985