Loading...
HomeMy WebLinkAboutFEBRUARY 28, 1983 MINUTES Cit@<Df -Vi@@i@i@ E3@@c:la "WORLD'S LARGEST RESORT CITY" CITY COU.N;CIL Mill OR LOLIS R. JONES, B,@,,id@ B.,,@,gh VICE.,1/21AYOR B@IRBARA M. fiENLEY, P..g@ B@,..gb ]Oti,N A. BAI;,@l, ,IIANCY A. CREECH. At L,,g@ ti@IROLD IIEISCIIOBER, At L.,g@ 11, JACkCIEN,\I:,(;S, JR., ROf3FRT G. 10\ ES, At L,@,g@ W. It. KITCIII.\. Ill, Vi,gi@@,, B@.@h REBA S. A..@ B.,@.gb 112 CITY liALL Bl'ILDING 1. IIE@NRY @1,CO)', JR., B,,,@@gb AIUNICIPAL CE,'ITER MEI'ERA E. OBERNDORF. A, L.,g, VIRGINTA BEACII VIRGINI,T 13456 RI'Til HODGES SIIITII, C,4C, City Cl,,k tSO4) 421--4303 CITY COUNCIL AGENDA February 28, 1983 DRAINAGE BRIEFING PRIOR TO INFOR-@ - 4:30 p.m. ITEM I INFO@IAL SESSION: 5:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COLT.NCIL C. IIOTION TO RECESS INTO INFOP-MAL/ EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion bv Mayor. 2. Matters for discussion by Council. 3. Review of Planning Items. E. CITY MANAGER'S ADMI@IISTRATIVE ITEMS: 1. City of Virginia Beach Interim Financial Statements July 1,1982, through January 31. 1983: Presentation by Mr. Giles G. Dodd. 2. Proposed Transportation Center/Parking Facilitv in Beach Borough: Discussion. 3. Discussion of Proposed Franchises for Lifeguards and Beach Equipment Rentals. 4. Review of Consent Agenda. ITEM II FORMAL SEE:SION: 7:00 p.m. A. INVOCATION: Reverend Roy N. Wilson Church of Christ Oceana B. PLEDGE OF ALLEGIA,4CE TO THE FLAG OF THE UNITED STATES OF AiMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL D. @ll'@qUTES OF PREVIOUS @IEETING: 1. Motion to accept/approve the Minutes of February 14, 1983. E. PUBLIC HEARING: 1. OPENING OF SEALED BIDS: Lifeguard Service and Beach Franchise Areas 1,2, and 3. 2. CO@@tb-NITY DEVELOPNIENT FUNDS AND PROGRAM INCO@1E. Ninth Program Year F. PRESENTATION: 1. Resolution in Recognition a. Vernon Perebee - Dedicated City Employee. C. RESOLUTIONS 1. Resolutions approving Industrial Development Revenue Bonds. a. Resolution approving the issuance of Industrial Development Revenue Bond in the amount of $4,500,000 to Expressway Motel Associates. b. Resolution approving the issuance of Industrial Development Revenue Bond to Columbus Street Associates in the amount of $1,000,000. C. Resolution approving the issuance of Industrial Development Revenue Bond to Thalia Carpet and Drapery Shop, Inc. in the amount of $500,000. d. Resolution approving the issuance of Industrial Development Revenue Bond to Tower Enterprises in the amount of $700,000. e. Resolution approving the issuance of Industrial Development Revenue Bond to Syscon Corporation in the amount of $5,700,000. f. Resolution approving the issuance of Industrial Development Revenue Bond to JAY-CEE Properties in the amount of $275,000. g. Resolution approving the issuance of Industrial Development Revenue Bond to Steven L. McCleaf and Shirley W. McCleaf in the amount of $500,000. h. Resolution approving the issuance of Industrial Development Revenue Bond to AREA Corporation in the amount of $7,000,000. i. Resolution approving the issuance of Industrial Development Revenue Bond to John W. Harris & Associates III in the amount of $725,000. ITEM II H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution in Recognition to Vernon Ferebee. 2. Resolution authorizing the City Manager to execute a license agreement with Carolina and Northwestern Railway Company in order to construct a water line across its ri.@ht-of-way and provide City Water service to a parcel of property on Lynnhaven Park@@ay. 3. Ordinance to Amend and Reordain Section 38-6 of the Code of the City of Virginia Beach, Virginia, pertaining to the Permits for Purchase of Certain Weapons. 4. Ordinance on SECOND READI;G to appropriate funds of $547 to the Police Department and increase estimated revenues in the General Fund. 5. Ordinance on FIRST READING to appropriate Funds of $1,688,828 to establish a School Textbook Rental Fund FY 1982-83 Budget. 6. Ordinance to Transfer Capital Project Funds of $300,000 from the Chesapeake Beach Drainage Project (C.I.P 2-817) to the Development of Independence and Buckner Boulevards (C.I.P. 2-995). 7. Ordinance to Transfer $465,600 within the Community Development Program. (This Ordinance was DEFERRED for two weeks on February 14, 1983) 8. Ordinance to Transfer Capital Project Funds of $64,935 from Project #2-817 - Chesapeake Beach Drainage to Project #2-832 Wesleyan Drive. 9. Ordinance to Transfer Funds of $106,879 within the Erosion Commission Budget for the Beach Replenishment Program. 10. Ordinance approving the Terms and Conditions of an Agreement for certain Voter Election Equipment between the City of Virginia Beach and Computer Election Systems: Authorizing the City Manager to execute the approved Agreement; Authorizing the City Manager to implement and carry out the terms of the approved Agreement. 11. Ordinance closin@., vacating and discontinuing a 15-foot alley located bett@een Atlantic Avenue and Myrtle Avenue, north of 46th Street in the petition of Claud P. Brownley, III; Tren L. Brownley; and Bernice Leonard (Lynnhaven Borough) (This Closure was Approved by City Council on February 14, 1983 subject to a number of conditions which have now been met. Council is requested to give its FINAL Approval.) 12. Ordinance to Authorize the Acquisition of Property in Fee Simple for Rights"of-Way for Queen City Sewer/Water Sewer Improvements Project and the Acquisition of Temporary and Permanent Easements of Right-of-Way, either by A@.reement or by Condemnation. ITEM II H. CONSENT AGENDA (.Cont'd) 13. Proposal submitted by Minnesco Division of 3M Corporation for lease/purchase of a microfilm camera and reader/printer for Police/Records at an annual percentage rate of 9.43%: AND, authorize the City Manager to enter into the necessary agreements for this lease/purchase. 14. Request of the City Treasurer for tax refunds in the amount of $491.99. 15. Request of the Commissioner of Revenue for license refunds in the amount of $680.77. I. PLANNING ITL-,IS 1. Comprehensive Zoning Ordinance: a. Ordinance to Amend and Reordain Article 2, Section 200 (c) of the Comprehensive Zoning Ordinance pertaining to Lots of Unusual Depth; AND, b. Ordinance to Ainend and Reordain Article 9, Section 901 (a) of the Comprehensive Zoning Ordinance pertaining to use Regulations in the B-1 Business- Residential District. 2. Application of Holidav Village, Inc., by R. M. Bosher and R. G. Bosher, for a conditional use permit for an automobile service station with a convenience store and registration office on a @8,357.5-square foot parcel located along the west side of General Booth Boulevard, south of South Birdneck Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Douglas and Pat Perry for a conditional use permit for a single-family dwelling in the AG-1 Agricultrual District on a 10-acre parcel located north of London Bridge Road, west of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Applications of Creative Displays, Inc.: a. Conditional use permit for two 10.5' x 36' billboards on a 17.401-acre parcel located along the south side of Eolland Road, east of Rosemont Road (Princess Anne Borough); b. Conditional use permit for one 10.5' x 36' billboard n a 4.405-acre parcel located along the west side of Holland Road, south of Stoneshore Road (Princess Anne Borough); C. Conditional use permit for two 12' x 25' billboards on 2.5-acre parcel located along the west side of Rosemont Road, south of tbe Virginia Beach-Norfolk Expressway (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II I PLA',i',iIiG ITAIS (Cont'd) 5. Application of Hudgins and Associates for a conditional use permit for on a 15,000-square foot parcel located on the northeast corner of Parks Avenue and 13th Street (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of James N. Belote for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordi- nance. He wishes to subdivide a 1.467-acre parcel into t@go lots, one of which will be in a "flag lot" configuration. The site is located along the east side of lioodstock Road, north of Providence Road. A single-family residence currently exists on the site (Kempsville Borough) a. Letter from the City Manager transmits the recomnendation of the Planning Commission for approval. 7. Application of the Trust of G. R. McBride by Robert G. @IcBride Trustee for a change of zoning from B-2 Community- Business District to A-2 Apartment District on a 2.7-acre parcel located along the south side of Shore Drive, east of Diamond Springs Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. ADplication of Le@@is Ii. and Rose S. Breedlove for a change o@ zoning from R-4 Residential District to 0-1 Office District on an 18,443.5-square foot parcel located on the south side of Wildwood Drive, east of First Colonial Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of Wayne Beagle for a change of zoning from R-5 Residential District to R-8 Residential District on a 22,433-square foot parcel located along the east side of Greenivell Road, south of Powells Point Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 10. Application of Patrick W. Bruzzese for a variance to Section 4.4 (b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. He wishes to subdivide a 2.647-acre parcel, located along the north side of Pungo Ferry Road, west of Carmel Street, into two parcels, one totalling 39,334.68 square feet (.903 acre - Lot 2-A) and the other totalling 1.744 acre (Lot 2-B). A single-family residence exists on this site (Pungo Borough) a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. ITE,@l II J. ORDINANCES 1. Ordinance approving the terms and conditions of an Agreement for an Electrical Service Contract between the and the Virginia Electric and Power Company; Authorizing and Directing the City Manager to execute the Approved Agreement; and Authorizing and Directin.@ the City @lanager to Implement and Carry Out the terms and provisions of the Approved Agreement. 2. Ordinance on FIRST READING to appropriate funds of $1,010 for the Tidewater Builders Association Scholarship House. K. APPOI'4'nIENTS 1. Personnel Board L. alFINISHED BUSINESS M. NEW BUSINESS N. ADJOUR-@,IENT 1. Motion to Adjourn THE MAYOR'S SIGNATURE IS ON THE ORIGINAL MINUTES IN OUR BOUND MINUTE BOOKS M I N U T E S I N F 0 R M A L B R I E F I N G S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 28 February 1983 The INFORMAL BRIEFING SESSION of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Barbara M. Henley, in the Conference Room, City Hall Building, on Monday, 28 February 1983, at 4:45 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Absent: Mayor Louis R. Jones, Robert C. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. - 2 - ITEM #19506 Mr. Donald R. Trueblood, City Engineer, advised Council that the present City Policy concerning storm drainage is if the required pipe is 72" or less the ditch is to be closed. if the ditch remains open, side slopes of 7:1; can be 3:1 with 15' maintenance strip beyond top of bank on each side. For watersheds the following criteria is required with regards to storm frequencies: 1. 10-year storm if area is less than 300 acres 2. 25-year storm if area is greater than 300 acres and less than 500 3. 50-year storm if area is greater than 500 acres The following is required if drainage is installed by private bomeowners: 1. Perimeter - pipe 1/2 or escrow for 2. Off-site - not required to pipe if ditch adequate 3. Interior - pipe The Piping Policy for existing open ditches is the homeowners purchase the pipe and the City will install it. Below is a list of the advantages and disadvantages of open ditches: A. Advantages: 1. Improve water quality 2. Ground water re-charge 3. Great capacity with large cross-section 4. Can be attractive if slopes are 7:1 and ditch is wet 5. Slower flow rates - tend to reduce sediment transfer B. Disadvantages: 1. Maintenance cost to City and property owner 2. Can be unsightly if steep slopes inhibit maintenance 3. Rodents, vermine, snakes 4. Stagnant water 5. Potential accident and legal liabilities -3 - C. With paved invert: 1. Less maintenance, greater capacity 2. Reduced filtering effect, faster flow Below is a list of the advantages and disadvantages of piped systems: A. Advantages: 1. Closed system - no standing water 2. Uses less land 3. Curb and gutter makes streets better B. Disadvantages: 1. Expensive 2. No chance for natural filtration of pollutants such as oil, fertilizer, etc. 3. Faster run-off causing higher peaks downstream 4. Faster flow rates increase sediment transfer 5. Limiting capacity to accommodate certain storm. If exceeded, water in streets, property, etc. Below is a list of the advantages and disadvantages of retention systems: A. Advantages: 1. Lakes and ponds aesthetically pleasing 2. Enables development. Flat grades in Virginia Beach make it difficult to eliminate water quickly enough with either pipe or ditch 3. Ground water recharge 4. Tends not to increase downstream flows. Tends to model what nature does 5. Acts as sediment pond B. Disadvantages: 1. Maintenance costs 2. Uses significant areas Below is a list of the advantages and disadvantages of using natural drainageway vs channelized systems: A. Advantages: 1. Enhance water quality 2. Ground water recharge - 4 - 3. Effect on future Capital Improvements Projects reduced 4. Enhances environment by leaving land in natural state B. Disadvantages: 1. Significant amounts of land required, although land is left in natural state 2. Less land available for development, although arrangements could be made to permit "same" number of units on usable land Mr. Trueblood presented a slide presentation showing several ditches in the area and advised they did not include roadside ditches or rural areas. Mr. Trueblood presented Council a listing of ditches to be piped, along with the estimated costs involved, and ditches to remain open. Mr. C. Oral Lambert, Director of Public Works, spoke on this matter. M I N U T E S I N F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 28 February 1983 The Iaformal Session of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Barbara M. Henley, in the Conference Room, City Hall Building, on Monday, 28 February 1983, at 5:35 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: R. Jack Jennings, Jr.! Mayor Louis R. Jones, Robert G. Jones*, and Reba S. McClanan - 2 - ITEM #19507 Vice Mayor Henley entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to the exemptions from opening meetings allowed by Section 2.1-344 Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration f the c nd@ition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial inter- est of the governmental unit would be adversely affected. 4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants and attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr.*, Mayor Louis R. Jones, Robert G. Jones,* and Reba S. McClanall *COUNCILMAN JONES ARRIVED IN MEETING AT 5:53 p.m. *COUNCILMAN JENNINGS ARRIVED IN MEETING AT 5:40 p.m. - 3 - M A T T E R S B Y C 0 U N C I L M E M B E R S SCHOOL BUSES ITEM #19508 Vice Mayor Henley made reference to a letter from Joyce Campbell, Corresponding Secretary, Aragona Civic League, advising the civic league strongly supports the removal of scbool buses from parking on the City streets as they obstruct the vision of drivers and pedestrians. Vice Mayor Henley requested the City Manager respond to Mrs. Campbell's letter concerning tbis matter. FORMAL SESSION ITEM #19509 Vice Mayor Henley advised Council to make remarks during the INFORMAL SESSION as pertinent and concise as possible in order to begin the FORMAL SESSION promptly at 7:00 p.m. SECTION 38-6 ITEM #19510 Councilman McCoy made reference to an item on the CONSENT AGENDA, Ordinance to amend and reordain Section 38-6 of the Code of the City of Virginia Beach, Virginia, pertaining to the permits for purchase of certain weapons, and advised he would like the Ordinance deferred for thirty (30) days to provide the staff time to review this matter. FRANCIS LAND HOUSE ITEM #19511 Councilwoman Creech advised today (February 28, 1983), bids were to be opened for the utilization of the Francis Land House, and to bring Council up-to-day on this matter, only two (2) bids were received: Council of Garden Clubs Princess Anne County Historical Society Three Chapters of the DAR AND Scrimshaw Interiors -4 - DOG ORDINANCE ITEM #19512 Councilwoman Oberndorf commended David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations, and his Committee for the fine work they did on the Dog License ordi- nance; however, she has received several complaints from citizens who had problems getting their dog license as they were unable to show proof their dog had been spayed or neutered. The City Manager advised he and his staff will review this matter for possible alternatives or additional information for Council's perusal. PARKING PROBLEMS ITEM #19513 Councilman Kitchin made reference to a letter from the City Manager regarding parking problems on Atlantic Avenue and advised a meeting was held with the Chamber of Commerce, Restaurant Association, Tourist Bureau, City Staff, etc., concerning the parking problems. Councilman Kitchin noted requests have been to utilize Atlantic Avenue for parking during the winter and advised the staff "was in the process of putting together some figures on time frames as far as implementation and cost". This matter will be on a future Council Agenda for further discussion and vote. BUCKNER/INDEPENDENCE BOULEVARDS ITEM #19514 Vice Mayor Henley made reference to a letter from Councilwoman McClanan concerning an item on the CONSENT AGENDA, Ordinance to transfer Capital Project Funds of $300,000 from the Chesapeake Beach Drainage Project (CIP 2-817) to the development of Independence and Buckner Boulevards (CIP 2-995), and noted the construction payment was listed as $300,000 in the Ordinance and was discussed during the last meeting (14 February 1983), as being $260,000. The City Manager advised the difference of $40,000 represents "contingency" funds for this project. SPEAKER ON NEW BUSINESS ITEM #19515 Councilman Jennings advised he received a request from James Roebuck, Chairman of the Virginia Beach Arts and Humanities, requesting permission to speak before Council during the FORMAL SESSION under NEW BUSINESS concerning "up-to-date information regarding the "Virginia Beach Pops Orchestra". 22 88 3 - 5 - TAX EXEMPT ORGANIZATION ITEM #19516 Councilman Jennings advised Council of a letter he sent to them concerning Wayne Skinner's request that his Orgariization, Outreach for Christ, be tax eXeMpt and his idea that an Ad Hoc Committee be established consisting of those persons who should be addressing this issue. It was the consensus of Council this matter be referred to the City Attorney's office for review. REVIEW OF PLANNING ITEMS ITEM #19517 Vice Mayor Henley advised Councilwoman McClanan wrote Council concerning two items on the Planning Agenda: ITEM II-I.lb - The Ordinance to amend and reordain Article 9, Section 901 (a) of the Comprehensive Zoning Ordinance pertaining to use regulations in the B-1 Business-Residential District 1TEM II-1.4a/b - Applications of Creative Displays, Inc., for a conditional use permit for TWO 10.5' x 36' billboards on the south side of Holland Road, east of Rosemont Road; AND, conditional use permit for ONE 10.5' x 36' billboard along the west side of Holland Road, south of Stoneshore Road, in the Princess Anne Borough. C I T Y M A N A C E R ' S A D M I N I S T R A T I V E I T E M S INTERIM FINANCIAL STATEMENTS ITEM #19518 The City Manager asked Mr. Giles G. Dodd, Assistant to the City Manager for Finance, to brief Council on the Financial Statements from July 1, 1982 through January 31, 1983. Mr. Dodd advised that through January 31, 1983, 46.4% of the total revenues have been collected and in 1982, at this same period, the City collected 43.9% and in 1981, 43.3%. Tbere are three major sources of revenues the City is not able to "get a good handle on" at this time: Personal Property Tax Business Licenses Commonwealth Revenues -6 - TRANSPORTATION CENTER ITEM #19519 The City Manager advised Council that James R. Echols, Executive Director of Tidewater Regional Transit, approached the City of Virginia Beach to propose establishment of a transportation center/ parking facility in the beachfront area. it would serve as a terminus for the campaign they will soon launch known as "Discover Tidewater" which is designed to promote their proposed transit link between various tourist areas in Tidewater. The transportation center would have two basic functions: 1. To link our beachfront area with points of interest and attractions in other locations such as Waterside and Portsmouth's Seawall to provide diverse activities for our visitors who want "more than a beach" 2. If combined with adequate parking, this center could help make the beachfront a "people place" as recommended in both the Virginia Beach Ocean- front Parking Plan and the Atlantic Avenue Beautification Plan. The Ad Hoc Transportation Task Force has discussed two basic, short-term alternatives for this summer" 1. Build a temporary center in the southeast corner of tbe Pavilion lot and designate it as our temporary transportation hub 2. Utilize the Dome as a temporary hub. Both alternatives have advantages and disadvantages. The Task Force has been unable to arrive at a consensus, therefore, it is recommended the Dome be designated as the temporary facility for this summer. It was the consensus of City Council that this matter can be handled administratively. FRANCHISES FOR LIFEGUARDS ITEM #19520 The City Manager advised Council the City advertised it would be receiving sealed proposals at 7:00 p.m., on Monday, 28 February 1983. With Council's concurrence, it was suggested David M. Grochmal announce at 6:50 p.m. and at 7:00 p.m. that he would OPEN the sealed bids for the Lifeguard Service and Beach Equipment Rental Franchise at Seven o'clock in the Council Chambers. David M. Grochmal, Assistant to the City Manager for Tntergovernmental Relations, spoke on this matter - 7 - CONSENT AGENDA ITEM #19521 The City Manager advised on the CONSENT AGENDA ITEM II-H.7, Ordinance to transfer $465,600 within the Community Development Program, be deferred indefinitely. LEGISLATIVE REVIEW ITEM #19522 The City Manager presented Council the status of Virginia Beach Legislative Package as of February 28, 1983. Mr. Grochmal advised the documents were final accounting of what the General Assembly accomplished on the Legislative Package items. Item Number four, the Virginia Museum of Marine Sciences, was passed by the House and Senate. Item Number Six, Pendleton Child Service Center, there was no increase in the line item budget, but a Bill has been passed which would change the funding formula to a "50/50 match". City Council RECESSED into EXECUTIVE SESSION, (6:25 p.m.) -8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beacb, Virginia 28 February 1983 7:00 p.m. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech*, Mayor Louis R. Jones, and Reba S. McClanan INVOCATION: Reverend Roy N. Wilson Church of Christ Oceana PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA -9- M I N U T E S ITEM II-D.1 ITEM #19523 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular Meeting of February 14, 1983. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech*, Mayor Louis R. Jones, and Reba S. McClanan *COUNClLWOMAN GREECH ENTERED MEETING AT 7:15 p.m. -10- L I F E G U A R D S E R V I C E B E A C H R E N T A L S ITEM II-E.1 ITEM #19524 David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations, advised "at 6:55 p.m. he asked for bids to be handed to me and again at 6:59 p.m. These are the ones I received": AREA NUMBER ONE: 1. W. H. Kitchin, Jr., t/a North Beach Service The Franchise Fee FIRST year - $1,000 SECOND year - $1,000 THIRD year - $1,102.50 FOURTH year - $1,157.63 FIFTH year - $1,215.51 Total for five years - $5,525.64 Ca8hier's check - $ 552.56 2. Ocean Rescue Service The Franchise Fee FIRST year - $20,000 SECOND year - $20,000 THIRD year - $20,000 FOURTH year - $20,000 FIFTH year - $20,000 Total for five years - $100,000 Cashier's check - $ 2,000 3. Virginia Beach Patrol, Inc. The Franchise Fee FIRST year - $15,000 SECOND year - $15,000 THIRD year - $15,000 FOURTH year - $15,000 FIFTH year - $15,000 Total for five years - $75,000 Cashier's check - 1,500 AREA NUMBER TWO: 1. Ocean Rescue Service (contingent) The Franchise Fee FIRST year - $15,000 SECOND year - $15,000 THIRD year - $15,000 FOURTH year - $15,000 FIFTH year - $15,000 Total for five years - $75,000 Cashier's check - $ 1,500 2. Ocean Rescue Service The Franchise Fee FIRST year - $ 5,000 SECOND year - $ 5,000 THIRD year - $ 5,000 FOURTH year - $ 5,000 FIFTH ypa, - $ 5,000 Total for five years - $25,000 Cashier's check - $ 500 3. Virginia Beach Patrol, Inc. The Franchise Fee FIRST year - $15,000 SECOND year - $15,000 THlRD year - $15,000 FOURTH year - $15,000 FIFTH year - $15,000 Total for five years - $75,000 Cashier's check - $ 1,500 Mr. Grochmal noted a letter was delivered to the Mayor and Members of City Council from Mr. Tom Shell; however, no bid documents accompanied the letter and Mr. Grochmal further noted no one bid on AREA NUMBER THREE. The following spoke concerning this matter: Attorney Grover C. Wright, Jr., representing Virginia Beach Patrol, Inc. Attorney Robert B. Cromwell, Jr., representing W. H. Kitchin, Jr., t/a North Beach Service - 1 2 - Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council directed the Bid Documents be referred to the City Manager and his staff for review to be brought back to City Council with their recommendations. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: W. R. Kitchin, IlI Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 1 3 - C 0 M M U N I T Y D E V E L 0 P M E N T ITEM II-E.2 ITEM #19525* COUNCILMAN BAUM LEFT COUNCIL CHAMBERS Vice Mayor Henley declared the Public Hearing on the Community Development Funds for the Nineth Program Year open and noted it was necessary to defer this Hearing for one (1) week to obtain the input from the Citizens Advisory Committee. Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council voted to CONTINUE the Public Hearing on the Community Development Funds for the Nineth Program Year to obtain the input from the Citizens Advisory Committee. Voting: 7-0 Council Members Voting Aye: Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay. None Council Members Abstaining: Harold Heischober Council Members Absent: John A. Baum, Mayor Louis R. Jones, and Reba S. McClanan - 14 - ITEM #19526 Councilwoman Creech read the following statement: "On behalf of the Council's Subcommittee appointed to oversee the progress of the Museum project, I would like to make a very brief report on the actions of the 1983 General Assembly in its allocation of $2.0-Million - not $1.5-Million as reported in this morning's paper - for the construction of this facility. "As I know all of us are aware, unanticipated shortfalls in state revenues made this an extremely difficult year to obtain any kind of funding for any purpose. We are extremely fortunate in being able to have the Museum added to the state's list of capital projects to be funded in 1983-1984, providing funds are available. Although this is a conditional funding, it is significant in terms of our efforts to obtain state participation in the building of this project. "I think it is also significant in terms of the accomplishments of the entire Virginia Beach legislative delegation. I know for certain that our legislators worked hard and worked cooperatively for the passage of this amndment. I am sure you will want to join @ in expressing pride and thanks for their collective accomplishment and in extending a very special appreciation to Delegate Gwen Pickett who sponsored the amendment and guided it through the House Appropriations Committee. "Council should also know that the amendment received invaluable support on the Budget Conference Committee - a committee on which Virginia Beach has no members - from the legislators from Portsmouth, Hampton and other parts of the State. I think the fact that the General Assembly was willing to make an exception for this project - it was the only building project of its kind added to the budget - and the help it received from legislators throughout the State are indicative of the interest in making this facility become a reality in Virginia Beach. "Obviously, Mrs. McClanan and I have not had the time to fully study the amendment or discuss with staff its possible impact on establishing a construction schedule. However, with your concurrence we want to examine this and report our findings and possible recommendations to Council later this month." ITEM #19527 Vice Mayor Henley read the Resolution in Recognition and presented same to CLYDE N. MERRITT, REAL ESTATE ASSESSOR, upon the occasion of his retirement for a job well done. Vice Mayor Henley also presented to Mr. Merritt a Stained Class City Seal. - 1 5 - ITEM II-F.2 ITEM #19528 Vice Mayor Henley presented a Resolution in Recognition to VERNON FEREBEE who has reached his anniversary of Forty Years in employment with the City of Virginia Beach. ITEM #19529 The Resolutions approving Industrial Development Revenue Bonds were deferred until after the CONSENT AGENDA. C 0 N S E N T A G E N D A ITEM II-H ITEM #19530 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT ACENDA by ONE MOTION with the exception of ITEMS II-H.3, II-H.6 and Il-R.7 which will be considered separately. Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan 2 2 8 8 3 - 1 6 - ITEM II-H.1 ITEM #19531 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolutions in Recogntion to: CLYDE N. MERRITT VERNON FEREBEE Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 1 7 - RESOLLITION IN RECOGNITION UIHEREAS: F,'Lor,i t,'Le days tchen Ciltenies wcL,5 Gove-,@io,,, o6 Sy@@, Soc@ett@ ;.as bee@t taxed coith an app,,LopA,@ctte to suppoilt the goveAiii,,7ent. Cd,@l,s, to(c,;L6 and countics have v@ot@,s meastLLm co' Cevy upoil teaz p@op@@es -,,tat oiLde;L b@ic )Leve@tua O'ot co@nffllt@tity setvices. The act o6 cussesst)ient is ,Lei,'@ted by the @,5e,s,so,t wliose deteamination is b"ed upon 6o)u7iLttas combi@L@ng kizotcted,,i-, and expe,tience. lit ti,c City o6 ViiLgLLia Beach, the i's o;le o6 6,@ve Councit- appoi@@ve o66ici@ who 5eAve at CoiLiicU',5 pZea,5LL,e. In hi,6 qu@ a;,Id unassum- ing mannet, CLYDE N. AIERRITT has succe,6,s6uUy iiicuteLed ttie @ o@ ma,@-i@,.o tile Zevy, tendeting the ve)Ldict a;id satis6yipig the diss,7,t@6ied. Hi,5 cct,,LeeA began @ a@i App@,,@eA t,)itti the Com@ssionv, o6 RL@?enue in MoAch 1966 a6t&-L )tetitemerlt 6,,Lo)n the U@@ed Stcte,,s @lavy. He hc-s advcj,ced hZs education t,'iaough numeao@s sei@ii;iat,@ a@id co@es w[L@c;L quati6ied ;ii)n c 6i- cation thaough tlie Reat E tate Apl.),tcL@eA and the de@@git-,-,;Icn o6 ASA ... Ameticait Soc,@ety o6 Ap@ais@@... and C.,fHA... Ce'-@@3'ied @kfanu6ac-tuLeL@ Hou5ing App@seA. He ho-s se)Lved a,5 a Bo(iLd @nembe,-L o6 tlie V@LgijLa o@ As- ,se,s,sing 063'ic Ls (1975, 7976, 1977 a;td 1978); P,,Lesic,e@Lt o3' the Soc@ety o6 App@se,,us, Hampton Ro@ C'Zapte,-L No. 31 ik@ 7976 a@Ld 1977; P,-L o6 the A,szociatio@i o@ Goveim@eyLt App@@L e,@s ipi 1987; a)td, vatio@ meiribea- ,5hip,s @n -ecccJ-, 5tate and nat@onat ol@ganiz@oiL6 o3' App@seu aild A.3sLs6ing 0 6 6icetz . NOW, THEREFORE, BE IT RESOLVED BV THE COLIVCIL OF THE CITY 'L'F VIRGINIA BEACH, VIRGINIA: Titat @feiqb@ o6 the Vi,,Lgi;7,ia Beach C@y Cou;zcU heLeby ex@,,.,ss s@iceae app,te@aticit ajid deepe6t g,,Lat@tude O'c@L the dedicat,-d se,,Lvice o6 "@Lb C ,se,kvai,it., CLVDE N. MERR@, REAL ESTATE ASSESSOR and in behae6 o)' the citizenz cong,Lc,@,LLeat@ him ul.,c@z tlie occ@io;,. c,3' ;,@5 )teti)Le- ment 6o@ a job tteU done and teish he and hi,5 toveeil @ti3le, kiaxine, b@'eA,5ings o6 teLu/Le Uvi@ig at HoEiday 1,Lfakid iv@IL happine,@,5 @;L eve,-Ly ende-@-c-L. BE IT FURTHER RESOLVED: T,'tat a copy oi t,'@ )tesoE@c;i be 5,c@'Lead upon the tecotd ci @lizs Fo=aZ Ses,@ion ol' -C@ie VZLgi@La Beacli City Cou-;,r-@ Twe y-Eig;tth day o6 Febtuo,Lti, N,biete@i HundAed and Eighty-TIftee. Vice- @fayo)L @tatfo,,L -18 - RE@q,?LUTION IN RECCI-Nl,-10.'@ WHEREAS, t ie Cit:f CounciZ, bein.- the governing bc,@:; of the City of Virginia Berch, is cancer-ned tha-', Citu e,,nptoyees b@ @@cognized or their achievements in various facets o@ emu@@oyment ard their f contribution of time, tazent and effort; WHEREAS, ir. the course of our t-Ives, there are r;e,,@ins w@zo attain fame and g-reat wealth for the ser7,,--'ce t',zey render feLLow- men. Yet, there are many who render suc@ services at greal rersonal sacrifice who are qu@'et and unassuming in their mode o.@@ ti.@j and ptace more va@ue on the c@,fort and weLZ being of o-lilers than on 77'-Zise and monetary gain; WHERI@IAS, Vernon Ferebee, PIotor Iqu,,,ment Opera-,or in the DeDartment of PubZil- Works, Street Mainte,,ance, was empzo!.,El@ @t the age oi- 16 years on Januari/ 1, 1943, and @.as performed a v---@@--ly of tasks. His supervisors h@ve described hi-, as a reZiabZe, @@:,Stworthy, devendabLe. seLf-mo---*va-led and ded@.cated --orker who has mastered various heav-@-dut7@ motor equiprre@-1. Fe sets an .-@;--,anding exar,7ple for any Ci@l-,; -m@llo-iee; liow @T!F I EC -IT RFSOLVED: @al t@,e Virg@n-. --@.ch City Cour.ciZ on behaz@ o.@ i-Is citizens, recoc,-.@--es "@is ded,,*ca@-@-: -@-ty em- pZoyee 17 F -R N 0 N F E R E 3 E E who has reached his gnn@versaru of FORTY -v7-4RS ,n emvlou7e-,:7 @ith the City of Virginia @ac',,. 2E IT FURf7= R-ISOLVED: rnat t@e 'viriinia B?ac@ ---'-;y Counciz pubLicZy expresses @ts gratitude to Verro-@. Ferebee for @@s -@:-,itiniiing efforts and for his reolitation as an outs-landin.a city The CZerk o@ Counc@Z is @reby directed to fr--ne tn,*s .@or pre- sentation with a cocii srread uoon the record o@ this lormaz session of Cit?j Cou'rCWIZ. Given under my hand seal this Twen-,:,.,-Eighth day o.@ --e---,Llary, Nine-een Hundred an@ -7,1@@;,ty-Three. Mayor - 1 9 - ITEM II-H.2 ITEM #19532 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute a license agreement with Carolina and Northwestern Railway Company in order to construct a water line across its right-of-way and provide City water service to a parcel of property on Lynnhaven Parkway. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 2 0 - A meeting of the Council of the City of Virqinia Beach, Virginia, was held in the Council Chambers, in the Administration Buildinq, on the 28th- day of FebDruar_y_ 1983. On motion by Councilman Jenning:s and seconded by Counciliqoman Creech the following FResolution was adopted. R E S 0 L U T I 0 N WHEREAS, Decker Realty Companv is constructing a buildinq on a parcel of property in the City of Virainia Beach on Lynnhaven Parkway; and WHEREAS, in order to provide City water service to the said property to fulfill domestic and fire protection needs, it is necessary for the City to obtain permission fro.,n Carol.ina and @Nlorthwestern Railway Conpany to construct a water line across its right-of-wa,v; and WHEREAS, said extension of the City wate.- syste-m is beneficial to the health, safety, and welfare of the citizens of the Citv of Virqinia Beach. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute a License Agreement with the Carolina and Northwestern Railway Company. Adopted by the Council of the City of Virqinia Reach on F-ebruary 28 1983. RHM/cb 2/8/83 RES/2 - 2 1 - ITEM II-H.4 ITEM #19533 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to appropriate funds of $547 to the Police Department and increase estimated revenues in the General Fund. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 2 2 - AN ORDINANCE TO APPROPRIATE FUNDS OF $547 TO THE POLICE DEPARTNIENT AND INCREASE ESTINIATED REVENUES IN THE GENERAL FUND WHEREAS, the Police vice squad seized $547 in a gainbling raid, and WHEREAS, the ensuing court case has been concluded, and the money seized has been forfeited to the City of Virginia Beach, and WHEREAS, the Police Department has requested that the confiscated funds be placed in the Uniform Division's confidential account for use bv the vice unit, and WHEREAS, City Council feels this is a proper request and desires to support the ef-lorrs of the Police Department's vice unit. NOVi' THEREFORE BE IT ORDAINED BY THI- COUNCIL OF THE CITY OF VIRGINIA BEACH that funds o-@ S547 are hereby appropriated to the Police Depar-L.-ent Uniform Division's confidential account for use bv the vice unit. BE IT FURTHER ORDAINED that the Geiieral Fund Revenue confiscated nionies be increased bv $547 to finance this appropriation. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City o-@ Virginia Beach on 28 day of February lc-'83. FIRST READING: F,?bruary 14, 1983 SECOIID READING: F,?br@.ry 28, 1983 - 2 3 - ITEM II-H.5 ITEM #19534 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to appropriate funds of $1,688,828 to establish a School Textbook Rental Fund Fiscal Year 1982-83 Budget.* Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *Although City Council is being asked to appropriate these funds, the appropriation is financed by the revenues generated from the textbook rental operation and not local taxes. -24- AN ORDINANCE TO APPROPRIATE FUNDS OF $1,688,828 TO ESTABLISH A SCHOOL TEXTBOOK RENTAL FUND FY 1982-83 BUDGET IVIIEREAS, tlie Attorney General of Vir.-inia has opined that Sclicol Board expenditures of funds gelierated by the rental ol- textbooks requires an appropriation o@@ the local governin.- body, and @'l-HEREAS, the Virginia Beach School Board has a textbool@- rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and @',@HEREAS, tlie School Board has submitted a Textbook Rental Fund bud-let for FY 1982-83 in order to compl@, with the Attorney General's opinion, and 1','HEREAS, the Textbook Rental bud.-et approved bv the School Board on Feb-uary 15, 198-), includes total revenues ol- $1,688,828 and total d 4sburser@ients of $1,688,S2S for fiscal year 1982-8-@. N @ 07 THEREFORE, BE IT ORDAIN-Z:) BY THE COUNCIL Of- THE CITY O@ VIRGINIA BEACH that funds o-@ Sl,688,828 be appropl-iated for a School Textboo'l- Rental Fund bud.-et in the manner approved bv the School Board in its meeting of February 15, 1983. B@- IT FURTHER ORDAI@NED that this aTDpropriation be financed by Estimated Revenues in the Textbook Rental Fund of $1,688,828. This ordinance shall be effective from the date ol its adoption Adopted by the Council of the City of Virginia Beacii oii the day of 19 First Readin,,,: 28 February 1983 Second Readin.-: - 2 5 - ITEM II-H.8 ITEM #19235 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer Capital Project Funds of $64,935 from Project #2-817 - Chesapeake Beach Drainage to Project #2-832 Wesleyan Drive. (Campus East) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan 2 6 - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $64,935 FROM PROJECT #2-817 - CHESAPEAKE BEACH DRAINAGE TO PROJECT #2-832 - WESLEYAN DRIVE WHEREAS, Campus East Associates is developing in the Bayside Borough, certain real property which, according to the City's @laster Street and Highway Plan, is to be bisected by the extension of Wesleyan Drive, and WHEREAS, the developer has agreed to participate with the City on a fifty-fifty basis in the construction of Wesleyan Drive through the Developer's project, and WHEREAS, the City's cost to participate in this agreement is estimated to be $317,335, and WHEREAS, Project #2-832 - Wesleyan Drive has available funding of $252,400 and an additional $64,935 is needed, and WHEREAS, the additional funding needed can be transferred from Project #2-817 - Chesapeake Beach Drainage due to the reduced scope of that project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that capital project funds of $64,935 be tran,;ferred from Project #2-817 - Chesapeake Beach Drainage to Project #2-832 - Wesleyan Drive. BE IT FURTHER ORDAINED that the City Ilanager is hereby authorized to enter into an agreement with Campus East Associates to participate on a fifty- fifty basis in the cost of construction of Wesleyan Drive through the DeveloperIs project. Approved by the Council of the City of Virginia Beach, Virginia on the day of February 1983. - 2 7 - ITEM II-H.9 ITEM #19536 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordiance to transfer funds of $106,879 within the Erosion Commission Budget for the Reach Replenishment Program. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 2 8 - AN ORDINANCE TO TRANSFER FUNDS OF $106,879 WITHIN THE EROSION COMMISSION BUDGET FOR THE BEACH REPLENISHMENT PROGRAM WHEREAS, City Council desires to continue the Beach Replenishment Program which includes the hauling and placement of sand on the beach yearly; and WHEREAS, the sand hauling program for this spring will cost $560,000 as determined by low bid; and WHEREAS, the Erosion Commission has funds of $453,121 specifically available for the project and the additional funding needed of $106,879 is available by transfer from other sources within the Commission's budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $106,879 be transferred from available sources within the Erosion Commission budget in order to complete the funding requirements for the hauling and placing of 140,000 cubic yards of sand on the beach. Adopted by the Council of the City of Virginia Beach on 2 8th day of February, 1983. - 2 9 - ITEM II-H.10 ITEM #19537 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance approving the Terms and Conditions of an Agreement for certain Voter Election Equipment between the City of Virginia Beach and Computer Election Systems; Authorizing the City Manager to execute the approved Agreement; Authorizing the City Manager to implement and carry out the terms of the approved Agreement. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan -30 - AN ORDINANCE APPROVING THE TElu4S AND CONDITIONS OF AN AGREEMENT FOR CERTAIN VOTER ELECTION EQUIPMENT BETWEEN THE CITY OF VIRGINIA BEACH AND COMPUTER ELECTION SYSTEMS: AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROVED AGREE- MENT: AUTHORIZING THE CITY MANAGER TO IMPLEMENT AND CARRY OUT THE TERMS OF THE APPROVED AGREEMENT WHEREAS, the City of Virginia Beach and Computer Election Systems have reached an agreement concerning the purchase of certain election equipment that has been requested by the Virginia Beach Electoral Board; and WHEREAS, it is the desire of the City Council of the City o@@ virginia Beach to implement the contract dated February 22, 1983. NOW, THEREFORE, BE IT ORDAINED BY T@IE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the terms and conditions of the agreement, a copy ol- which is attached her@to, are hereby approved. The City Manager is hereby authorized and directed to execute the agreement on behalf of the City subject to Ccimputer Election Systems providing a promissory note for $40,000.00 secured by a payment bond of like amount. The City Manager is hereby authorized and directed to imple-,nent and carry out the terms and provisions of the approved agr--ement. This ordinance shall be effective from and a@@ter its adoption. ADOPTED: February 28, 1983 JDB:er 2- 2 3-8 3 - 3 1 - ITEM II-H.11 ITEM #19538 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance closing, vacating and discontinuing a 15-foot alley located between Atlantic Avenue and Myrtle Avenue, in the petition of Claud P. Brownley, III, Tren L. Brownley and Bernice Leonard, in the Lynnhaven Borough.* Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *All conditions having been met, this is FINAL approval of the Street Closure 3 2 - ORDINA@ICE NO. Irl TIIE MAT'I'ER 01- CLOSING, VACATI@IG AND DISCONTIrqUI@IG THAT CERTAI@T ALLEY BETWEEN t4YRTLE AVENUE AND ATLANTIC AVEDIUE, LOCATED TN THE CITY OF VIRGINIA BEACH, VIRGINIA, SliOl@itl ON TtiAT CERTAIrl PLA'P ENTITLED "PLAT Sii0@IING 15 FOOT ALI,EY ADJOINING LOTS 76, 77, 95 AND 96, THE [IOLLIES, PROPOSED TO BE CLOSED BET%QEEN T@IYRTLE AVENUE AND ATLANTIC AVE@JUE, VIRGINIA BEACii, VIRGINIA, WIIICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN NIAP BOOK I AT PAGE WHEREAS, it appearing by affidavit that proper noticr, has been given by Claud P. Brownley, III, Tren L. Bro;inley arict Bernice Leonard, that they would make application to the CoLinril ol@ the City of Virginia Beach, Virginia, on January 10, 19@l, t have the hereinafter described alley discontinued, closed ati@-I vacated; and @liffEREAS,. it is the judgment of the Council that s,lid alley be discontinued, closed a.,id vacated; NOW, THEREFORE, SECTIO@l I BE IT ORDAI@IED by the Council of the City c)@- Virairi-i Beach, Virginia, that the hereinafter described alley be di-scontinued, closed and vacated: Beginriing at a point in the northeastern corne- of Lot 76 as shown on "Plat of the Hollies Tract, made by Thomas M. Hod@es or the Collins heirs, recordecl iri Deed Book 57, at Page 417 and in Map Book 6, @it Page 107, both in the Clerk's Office of the Circuit Court of the City of Virginia Beach", thence in a northerly direction 15 feet in and alorig the weste-n side Of Atlantic Avenue corner c@ across a 15 foot alley to the southeast Lot 95; thence in a westerly direction along the southern boundary line of Lot 95 and Lot 96, 80 feet to a point, in the southwestern corner of Lot 96, which said point is ori the easl@ern line of Myrtle Avenue; thence in a southerly dire-tion alorig the eastern line of P4yrtle AvE@nue across said 15 foot alley to a point in the nort),,iest corner of Lot 77 as sho,,in on the aforesaid plal@; thence in an easterly direction along the northerri I)oundary liz-.e of said Lots 77 and 76, 80 feet to the point of beginning. Said parcel of larid being that certain alley as indicated orl IAIIIIGS that certain plat of property to be vacated betvieen Myrtle Avenue. and Atlantic Avenue, in the City of Virginia Beach, 3 3 - Vir,Uinia, which plat is recorded in the Clerk's Office of til(, Circuit Court of Virginia Beach, Virginia, in Map Book at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed iti the office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as granti)r. SECTION III This order shall be in effect 30 days from the dzite- of its passage. .so., @ILINGS - 3 4 - ITEM II-H.12 ITEM #19239 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance authorizing the acquisition of property in fee simple for rights-of-way for Queen City Sewer/Water Sewer Improvements Project and the acquisition of temporary and permanent easements of right- of-way, either by agreement or by condemnation. Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Ab8ent: Mayor Louis R. Jones, and Reba S. McClanan -35 - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHTS-OF-WAY FOR QUEEN CITY SEWER/WATER STREET IMPROVEMENTS PROJECT AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and to provide water and sewer lines and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Citv Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, includinq temporary and permanent easements of rights-of-way as shown on the plans entitled, Queen City Sewer/Water/Street Improvements Prolect, these plans beinq on file in the office of Real Estate Department of Public Works, Virqinia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall he in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the -28 day of February 19 83. ATURE DSH/re (9) DEPART/V@ENT APPROVE@D AS TO Fr-Rtcl, f) -36 - ITEM II-H.13 ITEM #19540 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the proposal submitted by Minnesco Division of 3M Corporation for lease/purchase of a microfilm camera and reader/printer for Police/Records at an annual percentage rate of 9.43%; AND, authorized the City Manager to enter into the necessary agreements for this lease/purchase. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 3 7 - ITEM II-H.14 ITEM #19541 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for tax refunds in the amount of $491.99. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan M NO. C.A. 7 -3 8- 2/1 5/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followi-ng applications for tax refuhds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Paid Timothy T Masem 83 Pkng 16282 1/27/83 10.00 Peter Eustis 82 Pkng 21706 11/26/82 10.00 Paul A Malvin 82 Pkng 77412 11/18/82 12.00 Estate of Edward F Gee 80 Wills N/A 1/9/80 16.67 Anna B Kemper 83 Dog V15407 1/11/83 5.00 Robertson C Dailey 83 Dog V12259 2/2/83 2.00 William & Alice Brewster 83 RE(1/2) 9336-6 12/5/82 2.00 Claud P Brownley etals 83 RE(1/2) 10623-6 12/5/82 4.00 John W & Mable L Lamb 83 RE(1/2) 47033-2 12/29/82 65.37 Inez C Hyman 77 PP 45524 8/3/82 188.54 John W Francisco 78 pp 32143 1/27/83 33.58 Robert C Schultz 82 pp 151801-1 12/5/82 26.10 Darryl E Miller 80 pp 78233 1/18/83 16.95 J Howard Ballard 82 pp 142819 12/1/82 99.78 Total 491.99 0- This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 9 1 . 9 9 were approved by the Council of the City of Virginia Beach on the 28 day of February Approved as to form: Ruth Hodges Smith City Clerk D@le-Bimso'n, 6it@y-Attorney - 39- ITEM II-H.15 ITEM #19542 Upon motion by Couricilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license refunds in the amount of $680.77. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan FORM NO. C.A. a -4 0 - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certificatiori of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty Int. Total Year Paid C.R.V. Inc. 3140 Chapparral Dr. 1982 Audit 437.50 Suite C 206 Roanoke, Va. 24018 Desmonds of Va. Beach, Inc. 2210 Greenbrier Drive Charlottesville, Va. 22901 1982 Audit 197.47 Setzer, Richard W., Jr. & Joseph D. 1981 2/10/82 25.00 700 Coach House Ct. Va. Beach, Va. 23452 Video Movies, Inc. 20.80 1738 E. Little Creek Rd. COtified as to Payment: Norfolk,.Va. 23518 1981 Audit Ivan D. Mapp (-/V Commissioner of Revenue Approvlq as t b-ate Bimson This ordinance shall be effective from date of ty Attorney adoption. The above abatement(s) totaling 680.77 were approved by the Council of the City of Virginia Beach on the 28 day of February g 8 3 Ruth Hodges Smith City Clerk -4 1- ITEM II-H.3 ITEM #19543 The City Clerk read the listing of names of those persons opposing the proposed Ordinance. Upon motion by Councilman McCoy, seconded by Councilman Kitchin, City Council voted to DEFER FOR NINETY (90) DAYS (June 6, 1983), the Ordinance to amend and reordain Section 38-6 of the Code of the City of Virginia Beach, Virginia, pertaining to the permits for purchase of certain weapons to permit the Staff to meet with the citizens on this matter and bring back recommeiidations to City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Non@ Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan -4 2 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 38-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE PERMITS FOR PURCHASE OF CERTAIN WEAPONS BE IT ORD.:KINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-6 of the Code of the Citv of Virqinia Beach, Virginia, is hereby amended and reordained as follows: Section 38-6. Permit prerequisite to purchase of certain weapons. (a) No person shall sell, lease, rent, give or otherwise furnish to any person within the city any pistol, -I-Ike-k@nd7 revolver, or similar tvpe of handaun unless a permit qranted by the chief of police, or such other officer of the police department as may be desiqnated,' in writing,-by,the chief of police, is presented authorizing the holder of such permit.to acquire such weapon. Such permit shall.be surrendered to the person furnishing such weapon, who shall preserve it for inspection, upon recuest, by the police of the city. (b) No permit reauired by (a) above shall-be issued to: 1. Anv person under the ace of 18 years; 2. Anv convicted felon; 3. Anv r)erson under indictment or information for a felony; 4. Anv person who at the time of application is charged with acrime involving violence; 5. Any person who has been found to be not quilty of a felony on the basis of insanitv; 6. Any person who is a fuaitive from justice; 7. Any person who presently is an unlawful user of, or addicted to, marijuana, a denressant, timulant, or narcotic drug; and 8. Anv person who has been committed to a mental institution. (C)+b@ Every applicant for a permit recuired bv this section shall pay to the city treasurer an application fee of 2/28/83 -4 3- five dollars ($5.00). This fee shall not be charqed to sworn police officers of the city. C-1-ase-+-m-iadeymeaner7 It shall be unlawful and a Class I misdemeanor for any person to acquire or to sell such weapon as named herein without obtainina the permit as herein recuired. Adopted by the Council of the City of Virainia Beach, Virainia, on the day of 1983. DEFERRED FOR NINETY DAYS: 28 February 1983 KJC/da 1/24/83 (E) -2- -4 4 - ITEM II-H.6 ITEM #19544 Mr. Crowshaw represented the following citizens who own property in the Chesapeake Beach area: Mr. Cliff Golden Mr. Dennis Abernathy Mr. and Mrs. Charles Eurea Mr. Harold Abernathy Mr. B. Frank Williamson Mr. Crowshaw requested deferral of this matter to permit his clients input. Upon motion by Councilman H@ischober, seconded by Councilwoman Creech, City Council voted to to DEFER FOR ONE WEEK (March 7, 1983), the Ordinance to transfer Capital Project Funds of $300,000 from the Chesapeake Beach Drainage Project (CIP 2-817) to the development of Independence Boulevard and Buckner Boulevard (CIP 2-995)- Vot ing: 9 -0 Council Members Voting Aye: (for deferral) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,"@-^ Robert C. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *Councilwoman McClanan wrote a letter to City Council concerning this matter. (A copy of which will be incorporated in the Minutes of this day's meeting. *COUNCILMAN JENNINGS VOICED A VERBAL "AYE" -4 5- @it@ C>f -Vit-@i@i@ REBA S. MC CLAN AN 3224 BURNT STILL ROAO COUNCIL MEMBER VIRGINIA BEACH, VIRGINIA 2@4@ PRINCESS ANNE BOROUGH PHOIE (80@) 3@0-8835 28 February 1983 Honorable Mayor and Members of City Council Re: Ordinance to transfer Capital Project Funds of $300,000 from the Chesapeake Beach Drainage Project (CIP 2-817) to the development of Independence and Buckner Boulevard (CIP 2-995). Dear Fellow Council Members: I would simply like to mention the fact that tbe item on the CONSE@NT AGENDA, concernin.@ Buckner Boulevard and Independence Boulevard, was given to us last week with the estimates for the construction payment on the part of the City bein@. $260,000, arid tonight's Resolution indicates that we are appropriati@i.@ $300,000, which is $11-0,000 more than the low bid estimate that was stated to us last week. This particularly bein@. in my Borou@.h, of course, gives me pleasure to know that any road is being improved and updated in the area; however, I believe the item should be amended to include the cost that was given to us last week. Thankin@. you for your consideratiori, I am, Sincerely yours, Reba S. McCla-,ian RSMcC:dmh - 4 6 - ITEM II-H.7 ITEM #19545 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and DEFER INDEFINITELY the Ordinance to transfer $465,600 within the Community Development Program. Voting: 9 -0 Council Members Voting Aye: (for deferral) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan -4 7 - AN ORDINANCE TO TRANSFER $465,600.00 WITHIN THE COMMUNITY DEVELOPMENT PROGRAM WHEREAS, the Office of Housing and Cbmmunity Development (HCD) has been notified that the constructioh Phase of their Seatack Street Project is ready to be bid, and WHEREAS, the determination has heen made that additional approdriations are required so that funding for this construction phase can be certified, and WHEREAS, funds are available for transfer from the @ommunity Development seventh and eight program year caldital project budgets, and WHEREAS, funding to the projects from which these transfers will be made'will be restored in the FY 84 Community Development budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA: That a transfer of aidpropriations in the amount of $465,600.00 be made within the Seventh and Eighth Program Year capital proiect budqets for funding the Seatack Sl@re,--t Project. Adopted by the Council of the City of Virginia Beach on the day of 1983. JDB/re 2/8/83 (D) DEFERRED INDEFINITI-LY: 28 February 1983 APPROVED AS TO CO.NTE,,T -4 8 - ITEM II-G.1 ITEM #19546 The following persons spoke concerning these Resolutions: Barry Hunter James L. Miller, Tower Enterprises David N. Reda, Attorney for Steven L. McCleaf and Shirley W. McCleaf Morris Flater, Hunton and Williams, for Expressway Motel Associates Robert J. Mills was registered but did not speak David Richardson, AREA Corporation Upon motion by Councilwoman Creech, seconded by Councilman Jones, City Council voted to ADOPT the Resolutions approving the issuance of Industrial Development Revenue Bonds:* Resolution approving the issuance of Industrial Development Revenue Bond in the amount of $4,500,000 to EXPRESSWAY MOTEL ASSOCIATES. Resolution approving the issuance of Industrial Development Revenue Bond to COLUMBUS STREET ASSOCIATES in the amount of $ITGGGTGGG AMENDED: $3,800,000. Resolution approving the issuance of Industrial Development Revenue Bond to THALIA CARPET AND DRAPERY SHOP, INC., in the amount of $500,000. Resolution approving the issuance of Industrial Development Revenue Bond to TOWER ENTERPRISES in the amount of $40GTG99 AMENDED: $600,000. Resolution approving the issuance of Industrial Development Revenue Bond to SYSCON CORPORATTON in the amount of $5,700,000. Resolution approving the issuance of Industrial Development Revenue Bond to JAY-CEE PROPERTIES in the amount of $275,000. Resolution approving the issuance of Industrial Development Revenue Bond to STEVEN L. McCLEAF AND SHIRLEY W. McCLEAF in the amount of $;G97(490 AMENDED: $600,000. Resolution approving the issuance of Industrial Development R@venue Bond to AREA CORPORATION in the amount of $7,000,000** Resolution approving the issuance of Industrial D@velopment Revenue Bond to JOHN W. HARRIS AND ASSOCIATES, III, in the amount of $725,000 2 2 88 3 4 9 - Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *ALL INDUSTRIAL DEVELOPMENT REVENUE BOND RESOLUTIONS WERE VOTED ON BY ONE MOTION **Resolution was incorrect in Agenda; however, the corrected one has been incorporated in this day's meeting. 2 / 2 88 3 - 5 0 - A meetinq of the Council of the City of virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 28 day of February 1983. On motion by Councilwoman Creech and seconded by Councilman Jones the following Reso ution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENIJE BOND TO EXPRESSWAY MOTEL ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of Expressway Motel Associates (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $4,500,000 (the Bond) to assist in the financing of the Company's acquisition, construction, and equipping of a motel facility (the Facility) in Virginia Beach, Virginia, and has held a public hearinq thereon on February 8, 1983. WHEREAS, the Authority has reauested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approvinq the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virqinia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Expressway Motel Associates, to the extent required by Section 103(k) of the Internal Pevenue Code, to permit the Authority to assist in the financinq of the Facility. 2. The approval of the issuance of the Bond, as reauired by Section 103(k), does not constitute an endorsement of the Bond Or the creditworthiness of the Company, but, as required bv Section -51- 15.1-1380 of the Code of virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on February 28, 1983 198 3. CMS/CJ/da 2/1 6/8 3 (I.1 -2- 52 - A meeting of the Council of the City of Virginia Beacli, Virginia, was held in the Council Chambers, in the Administration Building, on the 28 -_ day of February 1983. On motion by Wf@r-p@- -- and seconded by Cou ne to wlii@Reso ution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSIJANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO COLUMBUS STREET ASSOCIATES WHEREAS, the City of Virqinia Beach Development Authority of Virginia Beach, Virginia (the Authoritv), has considered the application of Columbus Street Associates (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $3,800,000 (the Bond) to assist in the financing of the Company's acquisition, construction, and eq.uippina of an office and warehouse facility (the Facilitv) in Virginia Beach, Virginia, and has held a public hearing thereon on February 8, 1983. WHEREAS, the Authority has rec-rues-1--d the Citv Council (the Council) of Virginia Beach, VirQinia (tle City), to approve the issuance of the Pond to comidly with Secl.ion 103(k) of the Internal RevenLie Code of 1954, as ameneed; and WHEREAS, a copy of the Authoritv's resolution approving the issuance of the Bond, subject to terms to be aqreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY T-TIE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virqinia, approves the issuance of thp- Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Columbus Street Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required bv Section - 5 3- 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the Citv nor the Authoritv shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxinq power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect im.,nediatelv upon its adoption. Adopted by the Council of the City of Virqinia Beach, Virginia, on 28-February 983 198 3. CMS/CJ/da 2/1 6/8 3 -2- -5 4 - A meetinq of the Council of the City of Virqinia Beach, Virginia, was held in the Council Chambers, in t@e Administration Buildinq, on the 98__ dav of Fetruarv 1983. On motion by Creech and seconded by Councilman Jones the followl-nq Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO THALIA CARPET AND DRAPERY SHOP, INC. WHEREAS, the City of Vir-inia Beach Development Authority of Virginia Beach, virginia (the Authority), has considered the application of Thalia Carpet and Drapery Shop, Inc. (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $500,000 (the Bond) to assist in the financing o--@ the Company's acquisition, construction, and ectuipping o-@ a manufacturina and retail carpet and drapery facility (the Faci-lity) in Virginia Beach, virginia, and has held a public hearina thereon on February 8, 1983. WHEREAS, the Authoritv has reauested the City Council (the Council) of virqinia Beach, Virginia (the City), to approve the issuance of the Bond to cointDl,,@ with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a cody of the Authority's resolution approving the issuance of the Bond, sublect to terms to be aqreed upon and a record of the public hearino has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the Citv of Virginia Reach Development Authority of Virqi-nia Reach, virqinia, for the benefit of Thalia Carpet and Drapery Shop, Inc., to the extent recruired by Section 103(k) o" the Internal Revenue Code to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Pond, as required by Section 103(k), does not cons@@itute an endorsement of the Bond or the creditworthiness of the Comoany, but, as required by Section - 5 5 - 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Coinmonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 28 February 1983 1983. CMS/CJ/da 2/16/83 -2- - 5 6 - A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 28_ day of February 1983. On motion by Councilwoman Creech and seconded by Councilman Jones --,-tFe--foll-o-wiii Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO TOWER ENTERPRISES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of Tower Enterprises (the ComDany) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed S700,000 (the Bond) to assist in the financing of the Coi,.ipany's acquisition, construction, and equipping of an office building facility (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on February 8, 1983. WHEREAS, the Authority has recruested the City Council (the Council) of Virqinia Beach, virginia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearincr has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Tower Enterprises, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as reauired by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section - 5 7 - 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 28 February 1983. CMS/CJ/da 2/1 6/8 3 (I.1) -2- 5 8 inia Beach irq Imi ation @c nist t'ie y 0 the '.t C' Counc I 0 1,a e ailtlalr" i"Igs3- 'I 0 f tb tbe C..n@il C @Y p, mee n(3 irl tl Icl F b was he day ana se onded virainia ' 0, tfle @- sc ,ioptec', Iution w or, ,tion 'DY -c-q poviNG TliE p,pp PF\TFNUE LopMF,NT .a Beach L)evelopment @lthority City of jirgin' -,ec t e the hor ity), h.E5 c.@.ide inia (the PIlt for the i.suance Beachr Virg n (the Coinpany) virgirli n ON corl2oratio 7enue I)oncl ian cation of Sysc jal development re apPli .,t in the ndustr p"thority,@ i (the Bond) tO assl of the a $6,000,000 anci amOunt not to Kcee acq c."@truction, .1ity for .f the Conlpany's s an,,i a facl financing ,d computer office ,,,d@,,re equiPpin'l of en(-lineering Ian(i testing of co.,).ter .ng, SsemblY Vi-cqinia Beach, Virainia, an,3 has light @@nufactut1,,,ility) in l,cti,elY the FebrLiarY 81 1gs3. cil (the (col arina th,y-eon on tne Citv Coul' held a p.blic le @ cl @uthor,t,l has reclues@e o,e tne the city), t@ ap'P'c @714FP,EAS r ,,,Chl Virainil (the f the inia 03(k) nc,l) of virq -ectlon 1 cou t'rie Bond to COTR 'Ply ith " an(i issuance If C,d, f 954, as amended; .0,7ina the ternal Re,7enue @uthorit'7'S resolution app In aC-Py -f t,, e to be agreed upon and a WHERF, A's t t. tel.-s eB,)ra, s.bject T, iled witb the clerk If the ssuance Of tb has beenf i the public iearing recOr8 of O? THE cITl OF "'PGINIA c,uncil; CITY COUtqCIL -IT RESOLVED 31 THE 13E vi-cqinia, ,j,,P,GINIA' (4inia Beac'n, BEp,cli I of the City Of Vi rqini- Beac" The C,uncil the city Of Vi - issuance Of the Bond by .., Vi,qinia, f,, the ,,pp-co,ies the B@a Section DevelOPment A,thoritY to the extent requir,d bv ,,,SCON CC)rporation, t. pe@-it t" , ,,,thority to benefit of Internal Reien,e Code, 103(k) "the of tne Facil'ty' ,,uirea by the financing lce Of the Bond, assist 'n the Bond Or t'le is;' 2. The alP"-"" O' sement Of an en8Or )rl d.es not consti,,,Ite eluil@d by S@cti( S,ction 103(k), Comr)any, but, as creditworthines' -f the -5 9- 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 28 February 1983. CMS/CJ/da 2/16/83 (I.1) -2- -6 0 - A meetin@ of the Council of the City of Virginia Beach, Vir-inia, was held in the Council Chambers, in the Administration Building, on the 28th day of February, 1983. On motion by Councilwoman Creech and seconded by Councilman Jones , the fouowing Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOP,@IENT REVENUE BOND TO JAY-CEE PROPERTIES, a Virginia general partnership WHEREAS, the City of Vir.@inia Beach Development Authority of Virginia Beach, Vir.@inia (the Authority), has considered the application of JAY-CEE Properties, a Virginia general partnership (t,ie Company) for the issuance of the Authority's industrial development revenue bond in an amount estimated at Two Hundred Seventy-Five Thousand DoUars ($275,000.00) (the Bond) to assist in the financing of the Company's acquisition of an industrial warebouse/office and li@.ht manufacturing facility (the Facility) in Virginia Beach, Vir.vinia, and has held a public hearing on February 8, 1983. WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Vircinia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and IVHEREAS, a copy of the Autliority's resolution approving the issuance of the Bond, subject to terms to be a,,reed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virainia Beach, Viroinia, appro- ves the issuance of the Bo-,id by the City of Virginia Beach Development Authority of Viroinia Beach, Vircqnia, for the benefit of JAY-CEE Properties, a Vir.@inia general partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Vir.@inia of 1950, as amended, the Bond shall provide that -1- - 6 1 - neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shaU be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on February 28, 1983. 2.11.63.C -2- -6 2 - A meeting of the Council of the City of Viroinia Beach, Virginia, was held in the Council Chambers, in the Administration Buildin.a, on the 28th day of February, 1983. On motion by Councilwoman Creech and seconded by Councilman Jones , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDTJSTRIAL DEVELOPMENT REVENUE BOND TO STEVEN L. McCLEAF and SHIRLEY W. McCLEAF WHEREAS, the City of Virainia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of Steven L. McCleaf and Shirley IV. McCleaf (tlie Company) for the issuance of the Authority's industrial development revenue bond in an amount estimated at Six Hundred Thousand Dollars ($600,000.00) (the Bond) to assist in the financing of the Company's acquisition, construc- ti on, and equipping of a warehouse and storage facility for li@ht industry and manufacturing (the Facility) in Virginia Beach, Virginia, and has held a public hearing on February 9, 1983. WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virainia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virgi@lia, appro- ves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Steven L. McCleaf and Shirley W. McCleaf, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financin.@ of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virc.inia of 1950, as amended, the Bond shall provide that neither tlie City nor the Authority shall be obligated to pay the Bond or -1- -6 3 - the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither tile faith or credit nor the taang power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Vir,,dnia, on February 28, 1983. 2.11.62.C -2- -6 4 - c@- -@he 0-@ Virc:-'--'-a Virginia, @,ias held in the Council Chambers, in the Adminis--ration Building, on the*28th day of February, 1983. On mo-@ion by Councilwoman Creech and seconded by Councilman Jones the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO AREA CORPOPATION WHEREAS, the City ol- Virginia Beach Develoloment Authority of Virginia Beach, Virginia (the Authority), has considered the application of AREA Cornoration (the Company) for the issuance of the Aut-ority's industrial development revenue bond in an amount not to exceed $7,000,000 (the Bond) to assist in the financing o.- the Companvls acquisiticn, construction, and equioping of a shopping center facilitv (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on Februpry 8, 1983. WHEP,az,S, the Authority has requested the City Council (the Council) o-@ Virginia Beach, Virginia (the City), to approve the issuance o-@ the Bond to comi-Dly with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolutions approving the issuance o-@ the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of t@e City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Developmen@@ Authority of Virginia Beach, Virginia, for the benefit of ARF-A Corporation, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The aoproval c-@ the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the ComDany, but, as required by Section 6 5- 13.1-13'0@6 o@@ rhe Code o@@ -@irginia of 1930, as amend@--@, Bond shall provide that neither the City nor the Authorilv shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged .therefor, and neither the faith or credit nor the taxing-power of the Commonwealth, the City, or the Authority shall be cledged thereto. 3. This Resolution shall take effect immediately upon its adcption. Adopted by the Council of the City of virginia Beach, Virginia, on February 28, 1983. -2- -6 6 - A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 28 day of February 1983. On motion by Councilwoman Creech and seconded by Councilman Jone t e o lowing Resolu-cion was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO JOHN W. HARRIS & ASSOCIATES III WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of John W. Harris & Associates III (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $725,000 (the Bond) to assist in the financing of the Company's acquisition, construction, and equipping of an office building facility (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on February 8, 1983. WHEREAS, the Authority has reguested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution at)proving the issuance of the Bond, subject to terms to be agreed ul)on and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virqinia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authoritv of Virqinia Beach, Virginia, for the benefit of John W. Harris & Associates III, to the extent reauired by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section -6 7 - 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 28 February 1983. CMS/Ci/da 2/16/83 (I.1) -2- -6 8 - P L A N N I N C A G E N D A ITEM II-I.l.a ITEM #19547 COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council voted to APPROVE the request of the City Attorney and DEFER FOR TWO WEEKS (March 14, 1983), the Ordinance to amend and reordain Article 2, Section 200 (c) of the Comprehensive Zoning Ordinance pertaining to Lots of Unusual Depth. Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Mayor Louis R. Jones, and Reba S. McClanan -6 9 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 200(c) OF THE tO@1PREHENSIVE ZONING ORDINANCE PERTAINING TO LOTS OF UNUSUAL BEPTH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Artic le 2, Section 200(c), Lots of unusual depth, of the C.Z.O. be amended and reordained in part as follows: (c) Lots of unusual depth. Where an existing lot is of sufficient area to permit the ereetien creation by subdivision of more than one building lot in districts permitting residential build- ing, one additional sifigle-faFnily-resideme6*building lot May be permitted through resubdivision of the lot, provided that the lot can be resubdivided in accordance with applicable zoning requirements and subdivision regulations, and that a fifteen (15)-foot easement of right-of-way meeting the requirements of subdivision regulations is provided and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Such arrangements shall be permissible only where no public expenditures for streets or extensions of utilities are involved, and where the following special conditions are satisfied: (1) That a portion of the lot to be resubdivided be adjacent to a public street.- C2) That for reasons of unusual shape, dimensional restrictions, topography or area limitations, a normal street dedica'lion of fifty (50). feet cannot be made. (3)_ That the lot to be resubdivided shall exist as an isola,@ed example and that it not rtoccur in a repetitive manner in the 6rea or subdivision. Adopted by the Council of the City of Vi.rgilnia Beach, Yirgini,a, on the day of 1983. AP@RCVED AS -iO CC'17;14T /3 NT Cl-iY AT-IOPNEY - 7 0 - 1TEM 11-I.I.b ITEM #19548 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the ordinance to amend and re- ordain Article 9, Section 901(a) of the Comprehensive Zoning Ordinance pertaining to use regulations in the B-1 Business- Residential District; AND DENY the outstanding application of Roland W. Storbeck* for a Change of Zoning District Classification from B-2 Community- Business District to B-1 Business-Residential District AND return all fees to the applicant.** Voting: 8-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Mayor Louis R. Jones, and Reba S. McClanan *Councilwoman McClanan wrote a letter to Council concerning this matter. (A copy of which will be incorporated in the Minutes of this day's meeting.) -*See Item Numbers 19550 and 19550(a) 7 1 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTION 901(a) OF THE COMPREHENSIVE ZONING ORDINANCE' PERTAINING TO USE REGULATIONS IN THE B-1 BUSINESS-RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Section 901(a), Principal uses and structures, of the C.Z.O- be amended and reordained in part as follows: 901. Use regulations. Within a B-1 Business-Residential District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (13) Repair and sales for radio and television and other household appliances, except where such establishments exceed 2500 square feet of floor area. (14) kl34 Restaurants, provided that drive-in establishments shall not be permitted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day Of February 1983. 74) CO@q7Z.@l 1- 2 2 8 8 3 7 2 - 28 February 1983 Honorable Mayor and Members of City Council Dear Council liembers: The item on the agenda today for B-1 zoning conditional use permits concerning TV Sales and Repairs should have had included with it the original application of Roland W. Storbeck for a change of zoning from B-1 to B-2. On November 8, 1982, we deferred Mr. Storbeck's ori@.inal application until we had the subject information and Ordinance concerning the change within the B-1 category as to the principal use of TV Sales and Repair. The motion was to defer the item until the Planning Commission had reviewed the principal uses in the B-1 catetory, with reference to TV Sales and Repair with the application of Mr. Storbeck to come back at the same time as the new Ordinance. I do not know the specific procedure since the Planning Commission, itself, at this ti=e did not act on the application. However, I believe since they ori@.inally acted upon Mr. Storbeck's application and it had been heard by the Council, that we will have to have some action to deny the original application before he can proceed with his plans for this piece of property. I would bope that it would be -the pleasura of the City Council to not only pass the Ordinance conceruin@. the condl@tional use permit, but also to act on Mr. Storbeck'B ori@.inal application for changing the B-1 zoning to B-2, and deny that application so that it is not pending. Mr. Storbeck has been very patient during this whole procedure, which has been somewhat elongated, and I would hope that rather than delaying it an7 further some action could be taken at tonight's meeting. Sincerely yours, Reba S. McClanan RSlIcC:dhm - 7 3 - ITEM II-I.2 ITEM #19549 COUNCILWOMAN CREECH RETURNED TO CHAMBERS Attorney A. Joseph Canada represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of HOLIDAY VILLAGE, INC., BY R. M. BOSHER AND R. G. BOSHER for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF HOLIDAY R0283523 VILLAGE, INC., BY R. M. BOSHER AND R. G. BOSHER FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION WITH CONVENIENCE STORE AND REGISTRATION OFFICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Holiday Village, Inc., by R. M. Bosher and R. C. Bosher, for a Conditional Use Pe mit for an automobile service station with convenience store and registration office on certain property located on the West side of General Booth Boulevard beginning at a point 190 feet South of South Birdneck Road, running a distance of 210.5 feet along the West side of General Booth Bounevard, running a distance of 151.68 feet along the Southern property line, running a distance of 186.67 feet along the Western property line and rurming a distance of 135.58 feet along the Northern property line. Said parcel contains 28,357.5 square feet. PRINCESS ANNE BOROUGH. During further review of the developiwnt plans for this project, the following may be required by the staff: 1. City water and sewer. 2. On-site retention of storm water may be required since it appears that the present drainage system in the area is incapable of handling the runoff generated from this development. 3. The extent of right-of-way iitrovements required will be determined during site plan review. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day of February, 1983 7 4 - Voting: 8-0 Council Members Voting Aye: Jobn A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 7 5 - ITEM #19550 COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to RECONSIDER the Ordinance to amend and reordain Article 9, Section 901 (a) of the Comprehensive Zoning Odinance pertaining to use regulations in the B-1 Business-Residential District. Voting: 8-0 Council Members Voting Aye: (to reconsider) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Robert C. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Mayor Louis R. Jones, and Reba S. McClanan - 7 6 - ITEM #19550(a) Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to uphold the recommendation of tbe Planning Commission and ADOPT the Ordinance to amend and reordain Article 9, Section 901(a) of the Comprehensive Zoning Ordinance pertaining to use regulations in the B-1 Business-Residential District; AND DENY the outstanding application of Roland W. Storbeck for a Change of Zoning District Classification from B-2 Community- Business District to B-1 Business-Residential District AN]4 Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, 111, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Mayor Louis R. Jones, and Reba S. McClanan -?7- ITEM II-I.3 ITEM #19551 Attorney Grover C. Wright, Jr., represented the applicant Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DOUGLAS AND PAT PERRY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF DOUGLAS AND R0283524 PAT PERRY FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Douglas and Pat Perry for a Conditional Use Permit for a single-family dwelling in the AG-1 Agricultural District on cer- tain property located 2200 feet more or less North of London Bridge Road beginning at a point 4224 feet more or less West of Oceana Boulevard, running a distance of 443.01 feet along the Western property line, running a distance of 1040.13 feet along the Northern property line, running a distance of 466.66 feet along the Eastern property line and running a distance of 933.28 feet along the Southern property line. Said parcel contains 10 acres. PRINCESS ANNE BOROUGH. During further review of the development plans for this project, the following may be required by the staff: 1. Only the dwelling shall be connected to the proposed septic tank. No commercial use shall be permitted. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day of February, 1983. COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS 7 8 - Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 7 9 - ITEM 11-I.4/a/b/c ITEM V19552 Earl Hanbury represented the applicant The following spoke in opposition: B. H. Bridges, Jr., Chaprman, Virginia Beach Beautification Commission Howard Weisberg, Clark/Whithill, owner of Oak Springs B. F. Voultsides John W. Miller, Jr. June Keene Commander Warren L. Post Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to REFER BACK TO THE PLANNING COMMISSION: Application of Creative Displays, Inc., for a Conditional Use Permit for two 10.5' x 36' Billboards on a 17.401-acre parcel located on the south side of Holland Road, east of Rosemont Road, in the Lynnhaven Borough; Application of Cr@ative Displays, Inc., for a Conditional Use Permit for one 10.5' x 36' Billboard on a 4.40@-acre parcel located along the west side of Holland Road, south of Stoneshore Road, in the Princess Anne Borough; Application of Creative Displays, Inc., for a Conditional Use P ermit for two 12' x 25' Billboards on a 2.5-acre parcel located along the west side of Rosemont Road, south of the Virginia Beach-Norfolk Expressway, in the Lynnhaven Borough. AND, the Planning Commission is directed to study Section 216 of the City Code Appendix A-ZONING: Outdoor Advertising Structures, Billboards, Signboards and Poster Panels to consider the inclusion of Holland Road, Rosemont Road and/or others as "streets, highways, interstates and expressways designated in having special sign restrictions". Voting. 9 -0 -8 0 - Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *Councilwoman McClanan wrote a letter to City Council concerning this matter. (A copy of which will be incorporated in the Minutes of this day's meeting.) RESA S. MC CLAN AN 312@ BURNT N!ILL ROIO COUNCIL NIEMUER VIRGI.NIA BEACH, VirGIIIA Z-, '52 PRINCESS AN@E BORCUGH PHONE 34.-SS35 2S February 1983 Honorable @@layor and @lembers of City Council Re: Co-iditional Use Permit for two 10.5' x 36' Billboards for C-@eative Disolays, Inc., (Hollald Road east o@@ Rose-.cnt Road) Dear Fello-i Council Nfembers: @ly concern about Ite.-.i Nuriber 17 on the Plannin.@ A@.enda tod@-y is o-e that enta4@is several di@-lerent items and i@hile my are direc:ted speci--ically to Ite,@l N,-,-.aber 17 t.ne, also apply to t*.Ie other a:)plication for billboards on Folland Road. Fowever, th, Item Nu,-aber 17, which is a request for bi-l-l-boards across Holland Road from the e,.itrance to The La.,es adjacent to tie Tivoli Aoartments a-.d the Oa'< Sprir..@s develovme:it, is one of great concern for me aid I'm sure to many other resi-deits o@@ the area if they raali-zed what was happenin,. At tliis point, I a,..i not a-.qare o@@ anv billboards on Holl@--.id Road and more specifical---y the pr-@*:nary res4-.4,-itial area. 0,7er t*.ie years those of you who have been on Council for so@e t4@,-.e will recollect t@a@ I have co-.e to Council meet4-n@.s many, many ti--ies to help see that this area general'-,.r has maintaine@ the residenti-al i--Itegrity o@@ those nei@.h'--orhoods in the area. The o-@@@ice zo-.iin@. t'.nal is located di--ectly across from this site was requestad @or B-2 zo-i-@, so,-,ie years P@o, and because o@ tie lack of compatibility with the residei-@ial area, the Council at that time very wisely denied that a@plication. I do not feel t,iat it is a matt--r of good public policy to place billboards directly adjacent to residenti-al nei@.hborhoods. While one could argue t*-at t,ie service station bei--i, adjacent is of a business nature, it was zoned many, many years ago before the residential area developed; and, likewise, the only other 2/28/0-) 8 2 - Honorable @liyor and -2- 28 February 2983 business zonin@. in the area is the very small strip between the office zonin@. and the Holland Elementary school on the other side of the road. It seems to me that we are not only lookin,. to-41-Y at billboards on these t%io specific sites, but we are lo,,@1-4@ng at the be@.innin@. of billboards all up and down Holland Ro--2; and, while, according to the Planning Commission minutes t,i--- ma, be a desirable attribute to some people, I do not fi-,-- it particularly appealing in areas where it is primaril,,, resideritial. I would hope that the Council mi@.ht be willin@ tc -,ot only deny these applications, or if not deny them, de@-er the-a and refer them back to the Plannin@. Coa7.ission to give s---e thou@ht to adding Holland Road to the list of streets on whicl,, b---Illboards mi@ht be exempt. Contrary to the statement in the @li-rutes, that there are billboards in Green Run,I have driven dc,.@n Holland Road three different times from the Larlspur intersec-@i-.-. to Landstow-@i Road and I cannot find any billboards on Hollan@- -load at this point in time. It is not my recollection that we h--.-e granted any other permits for billboards on this road, so T @-eel that the decision that you are makin.@ today is an extre,-@.el,.- -@-7iDortant one. If 1 had my choice I would be there to stat e c7--licl and ar@.ue my case. Since I cannot be present I wc)u@,-cl hc7e tha-, the matter could be DEF-7.@@ED, if not de7lied Sincerely yours, Reba S. McClanan RS@!cC 2/28183 -8 3 - ITEM II-I.5 ITEM #19553 Mr. Hudgins,representing Hudgins and Associates, spoke in favor. Upon motion by Councilman Kitchin, seconded by Councilman Jones, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of HUDGINS AND ASSOCIATES for a Conditional Use Permit as per the following: ORDlNANCE UPON APPLICATION OF HUDGINS AND R0283525 ASSOCTATES FOR A CONDITIONAL USE PERMIT FOR THREE DUPLEXES BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Hudgins and Associates for a Conditional Use Permit for three duplexes at the North- east corner of Parks Avenue and 13th Street on the Western 100 feet of Lots 22 thru 27, Block 111, Lakewood. Said parcels contain 15,500 square feet. VIRGINIA BEACH BOROUGH. During further review of the development plans for this project, the following may be required by the staff: 1. City water and sewer. As a condition of the use permit, the following will be required: 1. The applicant has voluntarily agreed that a disclosure statement will be provided stating that this site is located within an area characterized by high noise potential and low accident potential. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day of February, 1983 -84 - Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan -8 5 - ITEM II-I.6 ITEM #19554 COUNCILMAN HEISCHOBER LEFT COUNCIL CHAMBERS James N. Belote spoke in behalf of his application Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of JAMES N. BELOTE for a Variance to Section 4.4(b) of tbe Subdivision Ordinance as per tbe following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jams N. Belote, Ill. Property located on the East side of Woodstock Road, 720 feet more or less North of Providence Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, Mayor Louis R. Jones, and Reba S. McClanan -8 6 - ITEM II-I.7 ITEM #19555 Attorney James A. Evans represented the applicant Upon motion by Councilwomari Oberndorf, seconded by Councilman Jennings, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of G. R. McBRIDE, BY ROBERT C. McBRIDE TRUSTEE, for a Change of Zoning District Classification as per the following: ORDINANCE UPON APPLTCATTON OF G. R. McBRIDE Z0283703 TRUST, ROBERT G. McBRIDE, TRUSTEE, FOR A CliANGE OF ZONING DISTRICT CLASSIFICATION FROM B--2 COMUNITY-BUSINESS DISTRICT TO A-1 APARTTIENT DISTRICT BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: Ordinance upon application of G. R. McBride Trust, Robert G. McBride, Trustee, for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on the South side of Shore Drive beginning at a point 2100 feet more or less East of Diamond Springs Road, running a distance of 213 feet along the South side of Shore Drive, running a distance of 375 feet along the Eastern pro- perty line, running a distance of 3600 feet more or less along the Southern property line (Northern boundary of Lake Smith) and running a distance of 600 feet along the Western property line. Said parcel is located at 5451 Shorc, Drive and contains 2.7 acres. BAYSIDE BOROUGH. During further review of the development plans for this project, the following may be required by the staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Permits from the City of Norfolk, as the owner Df the Little Creek Reservoir, may be required. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day of February, 1983 COUNCILMAN HEISCHOBER RETURNED TO COUNCIL CHAMBERS 8 7 - Voting: 8 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones, W. H. Kitchin, III, H. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan -8 8- ITEM II-I.8 ITEM #19556 Lewis W. Breedlove spoke in behalf of his application Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of LEWIS W. AND ROSE S. BREEDLOVE for a Change of Zoning District Classification as per the following: ORDINANCE UPON APPLICATION OF LEWIS W. AND Z0283704 ROSE S. BREEDLOVE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Lewis W. and Rose S. Breedlove for a Change of Zoning District Classifi- cation from R-4 @esidential District to 0-1 Office District on certain property located on the South side of Wildwood Drive beginning at a point 172 feet East of First Colonial Road, running a distance of 100.48 feet along the South side of Wildwood Drive, running a distance of 170 feet along the Eastern property line, running a distance of 116 feet along the Southern property line and running a distance of 170.79 feet along the Western pro- perty line. Said parcel contains 18,443.5 square feet. During further review of the development plans for this project, the following may be required by the staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. On-site retention of storm water may be required since it appears that the drainage system in the immediate area cannot handle the runoff generated from this project. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth day of February, 1983 2 2 88 3 -8 9 - Voting: 9 -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 90 - ITEM II-I-9 ITEM #19557 The City Clerk advised Council of three letters concerning this matter. Wayne Beagle appeared in behalf of his application The following spoke in opposition: Jay Gebor* Robert Smith, representing Chesapeake Beach Civic League Joseph Robinson Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to uphold the recommendation of tbe Planning Commission and DENY the application of WAYNE BEAGLE for a Change of Zoning District Classification as per the following: ordinance upon application of Wayne Beagle for a Change of Zoning District Classification from R-5 Residential District to R-8 Residential District on certain property located on the East side of Greenwell Road beginning at a point 550 feet more or less South of Powells Point Road, running a distance of 222.95 feet along the East side of Greenwell Road, running a distance of 115 feet along the Southern property line, running a distance of 100.57 feet in a Northerly direction, running a distance of 18.43 feet in a Westerly direction, running a distance of 87.33 feet in a Northerly direction and running a distance of 120 feet along the Northern property line. Said parcel contains 22,433 square feet. BAYSIDE BOROUGH. *Mr. Gebor presented petitions from residents in area opposing this zoning request. (A copy of which will be made a part of tbese proceedings.) **Mayor Jones wrote a letter to Council concerning this matter. (A copy of which will be incorporated in the Minutes of this day's meeting.) 9 1 - Voting: 8-0 Council Members Voting Aye: (for denial) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining; Robert G. Jones Council Members Absent: **Mayor Louis R. Jones, and Reba S. McClanan -9la- F--bruary 16, 1983 C';-Ies@-oeake Beach Civic Lea@ue Pres4,lent Stephen J. Kremers 4LS7 Lauderdale Avenue Beach, VA 23'-55 P'@.-'.'-64-2255 Subject: @Ir. Wayne Bea@le's recuested zoning chan@.e frc,.r@ R-5 to R-S on Greeriwell Road in ChesaDeal,-e Beac@.i re@.ardi-n@, Planning Cc,7.mission Yeeting of Jan. 11,1983. E"-@cr@-ble @layor and @le-.'Iers o@ City of Vir@.inia Beach City Co,-,nc4-l: P-;@-@e be advised by th-@-s letter th=-'@ @ir. Wayne Beagle did cor:tactr.,.e b, -.@-one JanLary 11, 19S3 at 7- the morn4-n@, of the Plann;-n.@ Cc=iission to advise the C4-v4-c Lea.@ue that he had requested a de@eral of @r.sa-@oli-cation and at tiat tL7e in@,-'c@-ted that he desired to --eevaluate h@-s a@o!4-cation and would le- us know i@@ he were going to pursue it, an-2 it would come uD a@.ai-n be@-cre t,%e Plannin@ Com-,.nissi-cn. 7'- 2@act that he did co@--a--t me to let me know he had recues--@ a deferal c- Cor-,m4-ss@@-c-,i he@--i-ng s@.io-,;s h4-s co,-icer-,i for keeD-@@7@ the C,*-,.--*-c Lea.@ue inforned a-@ his i)lans and 1 T-,ust aDolog4---e for no@ reachin@ t'-c-ce who showed ut) aL t@.ie Pla-in;-n@ Co=iss;on hearing as there was some as to, iiho and we would h--ve had a representa-@;.-@e a-- t@@e S-@-@ce @ir. Beagle did co,-.-act me, I zust say I feel he acted i'l @.cod faith 4-r, :@-,@@-rds to thi-s matter and I am sorry fo- any inconveni-e,,ic-- t'-Iat may h--,@e @-,een caused to h;--,i or the Pla@.n4-n@, Cc7nissi-on Yc,@7s t-ul-Y, Kremers C'nesa--eake Beach Civic League ,:'.r cf 7: @7[ u FEB 18 rtS3 , u tiilq BY - 9 2 - ITEM II-I.10 ITEM #19558 COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS Bruce Gallup represented the applicant Patrick W. Bruzzese spoke in behalf of his application Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of PATRICK W. BRUZZESE for a variance to Section 4.4(b) of the Subdivision Ordinance as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Patrick W. Bruzzese. Property located on the North side of Pungo Ferry Road, 640 feet more or less West of Carmel Street. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 8-0 Council Members Voting Aye: (for denial) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Mayor Louis R. Jones, and Reba S. McClanan - 9 3 - 0 R D I N A N C E S ITEM II-J.1 ITEM #19559 COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance approving the terms and con- ditions of an agreement for an electrical service contract between the City of Virginia Beach and the Virginia Electric and Power Company; approved agreement; and, authorizing and directing the City Manager to implement and carry out the terms and provisions of the approved agreement. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech,* Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,* Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan *COUNCILWOMAN CREECH VOICED A VERBAL "AYE" *COUNCILMAN JENNINGS VOICED A VERBAL "AYE" 9 4 - AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR AN ELECTRICAL SERVICE CONTRACT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA ELECTRIC AND POWER CONPA14Y; AUTHORIZING AND DIRECTING THE CITY IIANAGER TO EXECUTE THE APPROVED AGREEMENT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO I@IPLE@NT AND CARRY OUT THE TERMS A14D PROVISIONS OF THE A@OPROVED AGREEMENT. WHEREAS, the City of Virginia Beach and the Virginia Electric and Power Company have reached an accord for electrical services; and WHEREAS, it is the desire of the Council of the City of Virginia Beach to implement the contract, dated January 12, 1 9 8 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the terms and conditions of the agreement, a copy of which is attached hereto, a---e hereb,7 epproved. The City Manager is hereby authorized and directed to execute the agreement on behalf of the City. The City Manager is hereby authorized and directed to implement and carry out the terms and provisions of the approved agreement. This ordinance shall be effective from and after its adoption. Adopted by the Council of the City of Virginia Beach Virginia, on the Twenty-Eighth day of February, 1983 JDB:jh iT - 9 5 - ITEM II-J.2 ITEM #19560 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to appropriate funds of $1,010 for the Tidewater Builders Association Scholarship House. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan - 9 6 - AN ORDINANCE TO APPROPRIATE FUNDS OF $1,010-00 FOR THE TIDEWATER BUILDERS ASSOCIATION SCHOLARSHIP HOUSE WHEREAS, since 1966 the Tidewater Builders Association has sponsored the buildinj,of a Scholarship House, and WHEREAS, the profits froni the sale of the house are given to the Association's Scholarship Foundation to award scholarships to Tidewater students, and WHEREAS, the 1983 Scholarship House is to be built in Virginia Beach and the Association has requested that the city pay the building permit fees and water and sewer tap fees for this house, and WHEREAS, the building permit fees amount to approximately $300 and the water and sewer tap fees are $710, and WHEREAS, the Department of Public Utilities has requested that the Water and Sewer Fund be reimbursed should the water and sewer tap fees be provided by Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby authorized to make payment for the building permit fees and water and sewer tap fees for the Scholarship House. BE IT FURTHER ORDAINED that funds of $710 are hereby appropriated from the General Fund Balance to pay the Water and Sewer Fund for the Scholarship House line fees. Furthermore, $300 is hereby appropriated for the building permit fees. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of , 1983. FIRST READING: February 28, 1983 SECOND READING: - 9 7 - A P P 0 I N T M E N T S ITEM II-K.1 ITEM #19561 Consideration of appointments to the PERSONNELL BOARD was rescheduled to a future Council Meeting. N E W B U S I N E S S ITEM II-L.1 ITEM #19562 James W. Roebuck, Chairman of the Arts and Humanities Commission, spoke before Council asking their support for the Virginia Beach Pops and endorse the reformation of the Virginia Beach Pops Orchestra under Maestro Walter Noona. It was the consensus of City Council to CONTINUE this matter for ONE WEEK (March 7, 1983). E X E C U T I V E S E S S I 0 N ITEM #19563 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council voted to RECESS into EXECUTIVE SESSION (10:20 p.m.) pursuant to Section 2.1-344 of the Code of Virginia, as amended, for the purpose of discussing Personnel Matters, Publicly Held Property, Public Funds Investment and Legal Matters after which to adjourn. Voting: 9-0 2 2 8 8 3 9 8 - Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Mayor Louis R. Jones, and Reba S. McClanan 2 2 8 8 3 - 9 9 - A D J 0 U R N M E N T ITEM 11-M.1 ITEM #19564 Upon motion duly made and seconded City Council adjourn@d at 10:45 p.m. Diane M. Hickman, DLputy CiLy Clerk 6u Rath Iludges Sn)iLh, CMC Vic, Mayor B 'Y City Clerk Acting Mayor City of Virginia Beacli, Virginia 28 February 1983 dmh:bh