HomeMy WebLinkAboutSEPTEMBER 27, 1982 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITI'COU.'qCIL
AIAI'OR LO(IIS R. JONES, B.yid@ B.,@.gb
VICE-blAYOR 13;lRf,ARA Al. IIE@',LEY, P..g. B.,@.gb
101i,'4 A. BAI;,@.I. B.,..gb
[,,I.'4CY A. CREECti, At L.,gl
IIAROLD IIE[SCiIC)IIER, It L.,g,
ii. JACK JENNINGS. JR., Ly@.b.... 8 --- gh
ROIIERT G. 10,VES. At L.,g@
W. Ii. KirCIIIN. ill, Vigi@i. B@-@h
@EBA S. $1,CL 4 VAN, A.@@ B.,..gb 212 CITY HALL BUILDI,@G
1. IIENRY 6lcCOY. JR., K@.p,,ill@ B.,--gb MU,'4[CIPAL CENTER
AIEYERA E. OF@ERNDORF, A, L.,g@ VIRGINTA BEACH, VIRGINIA 23456
RUTH IIODGES SAIITH, CMC, Cily Cl,,k (804) 427-4 30 3
CITY COUNCIL AGENDA
September 27, )982
ITEM I INFORMAL S-LSSION 5:30 P.M.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUI'IVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by tlayor.
2. Matters for discussion Council.
a. Discussion of Proposed Ordinance regarding City
Council ',Ieetings, generally-Councilwoman l@ancy
Creech. I
b. Transportation Slide Presentation, Glenn 14-'Itucki,
Executive Director, Tyson Tr@ansportation Associates,
Inc.
E. CITY MANAGER'S ADIAINISTRATIVE ITEMS:
1. Sodtheastern Public Service Autfiorit inding for
Ts-samoosick Water upp@ Project: Discussion.
2. Water Oaks Setback: Discussiori b, Mr. Robert Scott, Director
y
;f the Department of Planning.
3. Major Right of 1,4ay iniprrivement@ Policy: Discussion by Mr. Pobert
Scott, Director of tile Department of Planning.
4. Request of @lliller Oil Compan.@Tfor Ex,@edition of Planninq Item:
Us-e permit for g.'Isoline statiori it 13@3 (@reat Neck Road.
5. CIP Schedule of Council Pctioiis: Discussion.
6. Review of Cot)sent Aqeiida
ITEM II FORMAL SESSION: 7:00 P.M.
A. INVOCATION: Reverend Edward A. Mcl-eod
Kinqs Grant Presbyterian Church
B. PLEDGE OF ALLECIANICE TO THcl FLAG OF THE UNITED STATES OF A@IERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETI[IG:
taotion-to accept/approve the Minutes of September 13, 1982.
E. PRESENTATIONS
1. Resolution of Appreciation: R. R. McChesney, Wetlands Board
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered i.1
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussicin of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution of Appreciation to R. R. McChesney who has served
as a member of the Wetlands Board from 1977 to 1982.
2. Resolution authorizing an increase in rates'for basic service
charged by Cox Cable Virginia Beach under certain terms atid
conditions.
3. Pesolution sta-ling that the City is responsible for the re-
location and/or, adjustment of all Lltilities affected by the
Princess Aniie Road - Phase II Project. This includes facilities
owned by VEpcg, (, & 11 Telephone, Virginia Natural (7as and t@le
City of Virginia Beach.
4. Resolution requestirig the Governor, Attorriey Genel@al and
Virginia's Congressional Delegation to take all possible steps
to exegipt municipal corporations from the Federal Antitrust
L.aws.
5. Resolution authorizing the City flanager to enter into a contrac-'
for an engineer,ng report which will update the financing If
Public Utilities Capital Improvement Program.
6. Ordinance to aqjend and reordain Chapter 27, Article II of the
Code of the City of Virqinia Beach relating to !Jnclaimed
property in the Custody of the Police Department (Sections
27-21 through 27-25).
7. Ordinance to amend and reordain Section 38-3 of the "ode of
the City of Virginia Beach, Virainia pertaininq to discharge
of firearms in specific areas oi @uhe City of Virginia Beach.
8. Ordinance to transfer from ihe General Fund to the City Garage
Int.ernal Service Fund an amount of $43,000.
9. Ordinance, on FIRST REAF.)INC,, to appropriate funds in the
amount oi $13u,330 tcr initiate an alcohol detoxification
project of the ComEit)nity Set,vices Board (Departinent of Mental
Health and Mental Retar,da'@ion).
ITEM II, F. CONSENT AGENDA (Cont'd)
10. Ordinance, on FIRST READING, to appropriate $2,908,257
for Fiscal -Year 1983 for the payrnent of Purchase Orders
brought forward from Fiscal Year 1982.
11. Ordinance, on FIRST READING, to appropriate funds of
$77,615 to the Commissioner of the Revenue's Office and
$5,700 to the City -Treasurer's Office to implement the Proration
of Taxation of Motor Vehicles.
12. Ordinance, on SECOND READING, to appropriate funds of $75,000
for the Virginia Museum of Marine Sciences.
13. Ordinance, on SECOND READING, to appropriate funds of $2,867,850
fot City of Virginia Beach School Programs funded by Special
Categorical Grants for School Year 1982-83.
14. Ordinance to increase Estimate Revenues and Transfer Funds from
the G6neral Fund Reserve for Contingencies for Street improvements
to the 100 Block of 8Otl1/2 Street. Funds of $34,110 be transferred
from the General Fund Reserve fo- Contingencies. Estimated
Revenues from property owners' share be established for $5,890.
15. Ordinance approving and authorizing the City Manager to execute
and carry out the provisions of the approved lease relating to
a Parcel of Property to be utilized as a RECREATION AREA (9.240-
acre parcel of property located on Kings Grant Road, adjacent
to Kingston Elementary School.)
16. Ordinance declaring a certain portion of Old Holland Road in tile
Kempsville Borough of tlie City of Virginia Beach excess and
authorizing the City Mariager to dispose of the same.
17. Ordinance approvitig the terms and conditions of an agreement
between the City of Virginia Beach and the City of Chesapeake
related to Acquirirg Rights-of-Way to construct and maintaiti
water and sewer lines and streets in QLleen City: Authorizing
the Ci,,%, Manager to c@xecute and implement the terms and provisions.
18.'Low Bid of Industrial. Power and flaintenance Corporation, in
the amount of $14,645.48 for the Cleaning and Painting of
Structural Steel - Laskin Road Bridge Project; AND, authori7,ing
the City Manager to enter into the necessary agreements for the
implementation of this project.
19. Low Bid of Southern National Leasing Corporation at an annual
percentage rate of 11.75% for the lease/purchase of equipment
totaling $85,096.42. This equipment includes a telephone system
for Mental Health/Mental Retardation at $24,116.42 and electrorlic
voting equipment for the General Registrar at $60,980.
20. Raffle Permits:
Children's Hospital of the King's Daughters - Greenbrier Circle
Brookwood P.T.A.
Virginia Beach.Arts Center
Ladies' Auxiliary Fleet Reserve Association
21. The following State-Local Hospitalization cortracts al,r-
submitted for consid@ration by City Council:
1981-82 1982-83
Community Mental Healtii Center 168.E;O 234.80
Leigh Memorial Hospi'@al 261.95 308.57
Norfolk General Hospital 263.95 308.57
Maryvici@i Hospital 191,22 274.63
ITEM II F. CONSENT AGENDA (cont'd)
22. Ordinance authorizing Tax Refunds upon application
of certain persons and upon certification of the Treasurer
for Payment, in the amount of $1,652.52.
23 Ordinance authorizing License Refunds upon application of
certain persons and upon certification of the Commission
of the Revenue in the aniount of $231.46.
G. PLANNING ITEMS
1. Application of Hunt Contracting Company, Inc. for change
of zoning to a PD-H 2 Overlay on an 11.2-acre parcel located
-ilong tKe- north@i e@of Pa@@ament Drive, west of Yoder Lane
(Kempsville Borough)-. This item was deferred from September
13, 1982 Council Meeting.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Applicatioii of John T. Mamoudis for a Change of Zonin.9 from
R-7 Residential District to B-,l Resort-Conimercial District on
a 36,154.8-square foot parcel located along the north side of
Lake Drive, west of Pacific Avenue (Virginia Beach Borough).
a. Letter from tlie City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Roland W. Storbeck for a Chanqe of Zoninq from
B-1 Business-Resi*Ue6tial Di@@rict to B-2 ComiTiunity-Btlsiness
e@f
istricf-o@-a 17,859.6-squi 6o-t parce ocated alon@-t@
north side of Princess Anne Road, west of Glebe Road 'kprincess
Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval. 1
4. Application of Cranston Lane Associates for a Change of Zoninq
from A-1 Apartment District to 0-1 Office District on an 8.5-
acre parcel located along the we side of Cranston Lane, north
of Virginia Beach Boulevard (Lynnhaven Borough). This itelti
was voted to be expedited 8/9/82.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Rosso and Mastra@cQ, Inc. for a Conditional Use
Permit for an autoniobile servicp- station ill conjunction with
a Tinee Giant Convenience grocery store on a one-acre parcel
at the southwest corner of Shore Drive and Starfish Road
(Lynnhaven Borougii).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of NeiT C. McCloud for a Conditional Use Permit
for a resideiitial kennel on an eight-acre parcel located along the
south side of Mill, Landing Road, west of Morris Neck Road (Pungo
Bor,ough).
a. - Letter fro@n the @lity Manager transmits the
recommcndati6n of the Planning Commission
fo;, @ oval .
ITEM II G. PLANtlING ITEMS (Cont'd)
7. Application of Ronald T. Brock fcr a Conditional Use Permit
for retail sales of garden su t, and material.
as a subsidiary use to a plant nursery or-, ar,. 8.33-acre parcel
located along the west side of Princess Anne Road, sou;,:-. cf Vaughan
Road (Pungo Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for cpproval.
8. Application of Home Buyers Properties, Inc., for a variance
to section 4.4(@) of the Subdivision Ordinance which requires
lot dimensions to conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide a 36,354-square foot (.83 acre)
parcel into two lots, one of which will be a "flag lot"con-
figuration with 15 feet of frontage for access. This lot (Lot
D-4A) will total 18,775 square feet (.43 acre). Proposed Lot D-4B
will total 17,579 squar@ feet (.40 acre) and have a width of
approximately 98 feet.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for aporoval.
9. Ordinance to amend and reordain Section 7 of the Subdivision
Ordinance pertaining to bonding requirements(Sections 7.3,7.5. 7.6).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Ordinance to amend and reordain Article 9, Sections 902(c),
912(c) AND 932(c) of the Comprehensive Zoning Ordina.,ice
pertaining to Minimum Yard Requirements in the B-1, 3-2 and
B-4 Districts.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Ordinance to amend and reordain Article 1, Section Ill ol@ the
Comprehensive Zoning Ordinance pertaining to Definition of
.Automobile Service Station.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of Mr. J. Parks Atkinson for the closure of the
western 130.69 feet of "B" Street Lynnhaven Borough
This 6,534.5-square foot .15 acre) parcel consists of
a 50-foot unimproved right of way.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
.for approval.
13. Ordinance to Amend the Master Street and Highway Plan dated
December 16, 1974. (PERBRO-KE AREA).
a. Letter from the City Manager tratismits the
recommendation of the Planning Corrimission
for approval.
ITEM II H. UNFINISHED BUSINESS
1. Application of C. L. Fisher - requestDf Councilman
Kitchin for an additional condition:
"Tlle zoning maps not be changed until the interior lot
lines now on the.property are vacated."
I. NEW BUSINESS
1. Request of the Miller Oil Company for expedition of their
Conditional Use Permit application. (To be heard by the
Planning Commission Norvember 9, 1982, and would like to be
scheduled for Council, November 22, 1982.)
J. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 27, 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, September 27,
1982, at Five-Thirty in the evening.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf*
*Councilwoman Oberndorf did not attend this Council meeting as
it is the Jewish New Year and she is on a fast for Yom Kippur.
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ITEM #18737
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
for the purpose of discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property for
public purpose, or of the disposition of publicly held
property, or of plans for the future of an institution
which could affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
fun@s where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or
bri. i@n . by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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M A T T E R S B Y T B E M A Y 0 R
VIRGINIA MUNICIPAL LEAGUE ITEM #18738
Mayor Jones advised Council of the many City employees who volunteered
their time to work with the Virginia Municipal League during their
conference in Virginia Beach and especially thanked Kathleen Hassen
and David M. Grochmal for their work and assistance in coordinating
the Conference.
Mayor Jones advised Council of a letter received from Mr. Anthony
P. Mehfoud, Vice Chairman, Henrico County Board of Supervisors,
commending Milton T. Woodhouse, Superintendent of the Virginia
Beach Transit Authority, for his assistance when he became stranded
due to a dead car battery.
Councilman Jones advised Council the Mayor, City Manager, David
Grochmal, should be commended for hosting the Virginia Municipal
League Conference. Councilman Jones noted that many people
attending the Conference were very impressed with Virginia Beach
and how the Conference was hosted.
M A T T E R S B Y C 0 U N C I L M E M B E R S
POLICY STATEMENTS ITEM #18739
Vice Mayor Henley advised she had the preliminary 1983 Virginia
Municipal League Policy Statement and Legislative Program for
any member of Council who wished to peruse the Statement. She
also had a copy of the Amendments to the Legislative Policy
Statements.
VIRGINIA MUNICIPAL LEAGUE
WORKSHOPS ITEM #18740
Vice Mayor Henley advised several Council Members attended
workshops during this Conference and she would like to meet
with them to exchange information gained from the Sessions.
Vice Mayor Henley advised the Sessions she attended were
very informative, particularly the Urban Session. Two
important topics discussed:
1. Antitrust Legislation
2. Payment In Lieu of Taxes
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ENVIRONMENTAL IMPACT STATEMENT ITEM #18741
Vice Mayor Henley advised she had a copy of the Environmental
Impact Statement on False Cape/Back Bay National Wildlife if
any member of Council wished to review it. A Public Hearing
will be held on Tuesday, October 5, 1982, in the Pavilion.
NATIONAL LEAGUE OF CITIES ITEM #18742
Councilman McCoy apologized to Council for any problems it
may have caused when he named Council Members to attend the
National League of Cities in Los Angeles, California, and
noted that area Cities are sending more than two (2) Council
Members to attend the Conference.
Mayor Jones advised if any Member of Council wished to
attend the Conference to notify the City Clerk*.
KINGS POINT DITCH ITEM #18843
Councilman Jennings presented to Council a packet containing
information on the Kings Point Ditch and requested the City
Manager elevate this matter to a higher priority on the Capital
Improvements Program.
VIRGINIA BEACH GENERAL ITEM #18744
Councilman Jones advised there will be a Public Hearing in
Richmond, Virginia, on Tuesday, September 28, 1982, con-
cerning the request of Virginia Beach General Hospital to
increase its maternity facilities and noted he received a
nice "thank you" from Mr. Earl Willis, Administrator of
Virginia Beach General, for all Council has done in the
Hospital's behalf.
JLARC STUDY ITEM #18745
Councilman Jones advised he met with David Grochmal and
Phillip Davenport in regard to responding to the first
draft of JLARC'S Study proposal. As a result of that, the
City was requested to respond concerning suggestions, etc.,
as to the Study. A letter was transmitted to JLARC revising
the City's estimate for roads to approximately $55-Million,
which brought the total to $841-Million.
*COUNCILMAN JENNINGS ADVISED HE WOULD NOT ATTEND THE NATIONAL
LEAGUE OF CITIES CONFERENCE BEING HELD IN LOS ANGELES,
CALIFORNIA, IN NOVEMBER.
5 -
STATE WATER STUDY COMMISSION ITEM #18746
Councilman Jones advised he attended the State Water Study Commission's
Public Hearing on Thursday, September 23, 1982, and was very impressed
with Mayor Jones' statement as it impressed the Commissioners with the
importance of the City's water needs.
Councilman Jones requested Attorney James Ryan meet with Council
to discuss the water situation during a future EXECTJTIVE SESSION.
The City Manager and City Attorney are to arrange for Attorney Ryan
to meet with Council on this matter.
SHOPPING CENTER LANDSCAPING ITEM #18747
Councilman Jones advised when he sees vast acres of parking for
shopping centers it concerns him as it is not environmentally
sound. A discussion was held with the City Manager on this
matter and Councilman Jones was provided literature concerning
landscaping parking areas.
Councilman Jones requested an Ordinance be drafted concerning
the landscaping of parking areas.
The City Manager recommended this matter be forwarded to the
Planning Commission for their review with recommendations to
City Council.
LEGISLATIVE PACKAGE ITEM #18748
Councilman Jennings requested information as to when the first
draft of our Legislative Package will be presented to Council
to permit them time to review the Package and meet with City's
Legislators, which would allow the Legislators time to prepare
the necessary legislation appropriate to this City's needs.
The City Manager advised Council he and the Staff will work
towards the date of October 15, 1982 for presentation of the
Legislative Package.
NEPTUNE FESTIVAL ITEM #18749
Councilwoman Creech advised Council the Neptune Festival will
begin on Wednesday, September 29, 1982 and continue through
October 3, 1982.
COUNCIL MEETINGS ON TUESDAY ITEM #18750
Councilwoman Creech advised Council of a proposed Ordinance to
amend and reordain Section 2-20 of the Code of the City of Virginia
Beach, Virginia, related to regular meetings generally, when and where
held which would change the Council meetings from Mondays to
Tuesdays.
Councilwoman Creech advised she was not "wedded" to the meetings
being held on Tuesday; however, the Monday meetings do not give
them time study the Agenda or prepare properly.
The City Manager advised if Council wished to maintain the Monday
Council Meeting but have the Agenda presented to them on Wednesday
the Staff will be more than happy to comply with the Council's
wishes.
Mayor Jones advised he will "poll" each Council Member as to
their feelings on this matter.
TRANSPORTATION PRESENTATION ITEM #18751
Mayor Jones advised that Glenn Witucki, Executive Director, Tyson
Transportation Associates, Inc., had been scheduled to meet with
Council during the INFORMAL SESSION; however, due to a sudden
illness he will be rescheduled for a future INFORMAL SESSION.
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C I T Y M A N A G E R ' S A D M I N I S T R A T I V E 1 T E M S
SPSA'S REQUEST FOR FUNDING ITEM #18752
The City Manager advised the Southeastern Public Service
Authority (SPSA) has requested participation from Members to
fund the next phase of the engineering and environmental work
associated with the Assamoosick water supply project. The
total budget for this project is $458,000 and will reflect
participation from the Planning District Commission of $200,000
and $258,000 from the participating local governments. These
funds will be utilized for the preparation of an environmental
impact assessment; detailed engineering work for the dam, reservoir
and pipeline; the topographic mapping and aerial photography of
the reservoir site and surrounding property and for staff and
legal services. The work will include the filing of permit
applications with the State Water Control Board and U. S. Army
Corps of Engineers for permission to develop the water supply
reservoir.
Based on a per capita contribution, Virginia Beach's share would
be $94,600. Isle of Wight has advised they will not participate
and the City of Portsmouth will participate only if Virginia Beach
would reimburse Portsmouth if this City selects another water
resource alternative aside from the Assamoosick.
Mayor Jones stated he had advised the City of Portsmouth that the City of
Virginia Beach will NOT reimburse them.
The Members consist of: Chesapeake, Franklin, Northampton, Suffolk,
Norfolk and Virginia Beach.
The SPSA Board of Directors, during their meeting of September 22,
1982, approved the projects and funding proposal and authorized
the Executive Director to proceed with the contract execution only
upon receipt of funds from the six remaining participants.
The City Manager recommended the City continue its participation
in the study of the Assamoosick. If another alternative is
selected, this data will be needed in considering those alternatives.
WATER OAKS SETBACK ITEM #18753
The City Manager introduced Robert J. Scott, Planning Director,
who presented to Council a report on the Water Oaks Setback.
Mr. Scott advised the Water Oaks property is located north of
Shore Drive in the Baylake Pines area. It was rezoned by Council
on August 7, 1972 from RD-2 to RM (from Duplex zoning to Apartment
zoning ). At the same time, a use permit for 350 apartments was
granted on the site.
Two of the conditions placed by Council:
1. Maintain a 75-foot buffer on the south and
west side, which no physical improvements will
be made with the exception of fencing.
-8-
2. Maintain a 250-foot and 150-foot setback
from all buildings from property line on the
west and south sides, respectively.
Before development commenced, in October of 1973, the Comprehensive
Zoning Ordinance was adopted and this property was converted to R-9.
Development began and some but not all of the units were constructed
on the property, approximately 50. In 1975' the developers recorded
in the Clerk of Circuit Court's Office an agreement by which they
agreed to keep the 75-foot buffers open, which was to run with the
property.
On January 18, 1979, a use permit on this property was rescinded
by the Zoning Enforcement Officer for failure to carry the project
to completion.
In December of 1981, there was an application for rezoning of the
property from R-9 to A-1 on the property which had not yet been
developed. In conjunction with the request for rezoning was a
request made to Council to release setback and buffer requirements.
On February 8, 1982, the following happened:
1. The rezoning application was withdrawn.
2. City Council declined to remove those
conditions on the grounds that they were
connected to the rezoning and not to the
use permit.
MAJOR RIGHT-OF-WAY IMPROVEMENT
POLICY ITEM #18754
The City Manager introduced Robert J. Scott, Planning Director,
who presented to Council a report on the Major Right-of-way
Improvement Policy.
Mr. Scott advised that the Planning Staff has been seeking to
make improvements to the Major Right-Of-Way Policy for some
time and are in search of a policy that will do three (3)
things simultaneously:
1. Adequately accommodate the city's needs
in dealing with development as it occurs
throughout the City, (transportation problems).
2. Needs of serving the development industry
in terms of being fair and consistent.
3. Consistent with the law.
The Planning Staff recommend the following:
1. Reinstate Section 5.2 and 5.8 of the Site
Plan Ordinance.
- 9-
2. When site plans and subdivisions "come
through" the City should require dedication
of right-of-way in accordance with the Master
Street and Highway Plan.
3. Developer should be required, if need is
substantially generated, to install turn-lanes,
median cuts, traffic signals, etc.
4. Construction improvement widening when it
can be shown that the developer substantially
generates the need for it.
The Director of Public Works spoke on this matter.
CIP SCHEDULE ITEM #18755
The City Manager advised due to the lateness of the hour, Council
could return to the INFORMAL SESSION following the FORMAL SESSION
and EXECUTTVE SESSION for discussion of the Capital Improvements
Schedule.
MILLER OIL COMPANY/EXPEDITION ITEM #18756
The City Manager advised the City Clerk received a request from
Miller Oil Company for expedition of its use permit for a gasoline
station.
The City Clerk advised tbe Company requested expedition because of
a financial difficulty and the writer needed to receive some decision
from Council previous to December. The Company would like to appear
before Council in November after the November 9, 1982, Planning
Commission hearing. The City Clerk noted this matter was on the
FORMAL AGENDA under NEW BUSINESS.
CONSENT AGENDA DISCUSSION ITEM #18757
The City Manager advised that Councilman Jennings had requested
II-F.2 of the CONSENT AGENDA concerned with the Resolution
authorizing an increase in rates for basic service charged by Cox
Cable Virginia Beach under certain terms and conditions be "pulled"
and voted on separately.
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan and J. Henry McCoy,
Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
INVOCATION: Reverend Edward A. McLeod
Kings Grant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 1 1 -
M I N U T E S
ITEM II-D.1 ITEM #18758
Upon motion by Councilman Jennings, seconded by Councilman McCoy,
City Council voted to APPROVE the minutes of the Regular Meeting
of September 13, 1982, AS CORRECTED:
Item #18669 - 1982-83 Biennium should be 1982-84
Biennium
Item #18712 - Mr. Achaesinski is spelled
Achesinski
Item #18716 - Application of Holmquist/Barefoot
was omitted from distribution to Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, IIT, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 1 2 -
C 0 N S E N T A G E N D A
ITEM II-F ITEM #18759
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of Items II-F.2, 11-F.7 and 11-F.15 which will be voted
on separately.
Prior to voting on the CONSENT AGENDA, Mayor Jones read the following
Resolution of Appreciation:
RESOLUTION OF APPRECTATION
TO
R. R. McCHESNEY
WHEREAS, R. R. McChesney has served as a Member
of the Wetlands Board from 1977 to 1982; and,
WHEREAS, R. R. McChesney has served willingly
and untiringly in behalf of the City of Virginia
Beach; and,
WHEREAS, his dedication and unselfish service
involved personal sacrifices and inconveniences,
not only to him, but frequently to his family
and/or business; and,
WHEREAS, we trust he realized satisfaction in
successfully administering in his advisory
capacity not only to City Council, but to the
citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of five
(5) years of distinguished service in publicly
expressing its sincere gratitude for his contribution
of time, energy and intellect.
BE IT FTJRTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of
the Formal Session of City Council this Twenty-
Seventy day of September 1982, in the City of
Virginia Beach, Virginia.
Given under my hand and seal this
Twenty-Seventh day of September,
Nineteen Hundred and Eighty-Two.
- 1 3 -
The recorded vote on the CONSENT AGENDA is as follows:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-1 4 -
ITEM II-F.1 ITEM #18760
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to ADOPT the Resolution of Appreciation and present
same to:
R. R. McCHESNEY - WETLANDS BOARD
1 9 7 7 - 1 9 8 2
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
RESSOLUTION OF APPRECIATION
TO
R. R. McCHESNEY
WHEREAS, R. R. McChesney has served as a member of the
Wetlands Board from 1977 to 1982; and
WHEREAS, R.,R. McChesney has served willingly and
untiringly in behalf of the City of Virginia Beach; and
WHEREAS, hisdedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory capaci-ly not only to City
Council, but to the citizens of this fast growing metropolis.
NUR, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of five [5] years
of distinguished service in publicly expressing its sincere
gratitude for his contribution of tirie, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of City Council this Twenty-Seventh day of Spetember,
1982, in the City of Virginia Beach, Virginia.
Given under my hand and seal this
Twenty-Seventh day of September,
Nineteen Hundred and Eighty-Two.
Mayor
- 1 5 -
ITEM II-F.3 ITEM #18761
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution stating that the City is responsible for the
relocation and/or adjustment of all utilities affected by the
Princess Anne Road - Phase II Project. This includes facilities
owned by VEPCO, C & P Telephone, Virginia Natural Gas and the City
of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. R.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-1 6-
R E S 0 L U T I 0 N
At a ireeting of the City Council of Virginia Beach, Virginia, held
27 day of September 19 82 the following resolution
was adopted:
WHE=, the Higimay Departri--nt proposes to construct or otherwise @rove
a section of Princess Arme roadway fran the intersection of Edwin Drive to
the intersection of Windsor Oaks Boulevard designated as Highway Project:
0165-134-104, M01, C501; and
WHEREAS, the City Council is responsible for making arrangemnts for tl@e
adjustnent and/or relocation of certain utilities and for the installation of
any new facilities;
NOW, THE@M, BE IT RESOLVED, that the City Council of Virginia Beach
hereby certifies that all arrangemnts have been made or will be mde for the
relocation and/or adjustnient of said utility facilities, and for the installaticci
of any new facilities. In the event of any justifiable cl@ frcen the road
contractor for delays or interference caused by said utilities, the City of
Virginia Beach hereby agrees to be responsible for said clairm, provided it
may legally do so and further provided that the City is advised in writing
by the Higluay Departmnt at the tim o.f delay that the road contractor intends
to file a claim.
Said utilities are identified as follows;
utility Owner Type of Facility
Yirginia Electric and Pamr co@y Electrical (distribution)
Chesapeake and Po@c Telephone
Ccnpany of Virginia Ccmnunication
City of Virginia Beach Water
Virginia Natural Gas Gas
A copy teste:
Clerk @yor
City of Virginia Beach
A P- O',i r DTO CO@ITE@!-,
i 17'NT
.ro
- 1 7 -
ITEM 11-F.4 ITEM #18762
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution requesting the Governor, Attorney General and
Virginia's Congressional Delegation to take all possible steps to
exempt municipal corporations from the Federal Antitrust Laws.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 27 day of September 1982.
On motion by Councilman McCoy and seconded
by Councilman Baum the following-Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the United States Supreme Court recently
severely eroded what had been perceived to be an immunity for
municipal corporations from the federal antitrust laws; and
WHEREAS, the City of Virqinia Beach believes that
the antitrust laws were never intended to apply to municipal
corporations and should.not apply to municipal corporations; and
WHEREAS, the City Council of the City of Virginia Beach
desires to see municipal corporations as well as the public's
funds protected from costly and burdensome litigation.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach requests the Governor,
the Attorney General, and Virginia's Congressional Delegation to
take all prudent and appropriate steps to exempt municipal
corporations from the federal antitrust laws.
BE IT FURTHER RESOLVED:
That the City Attorney is directed to deliver a copy of
this Resolution to the Governor, the Attorney General, and
Virginia's Congressional Delegation and to assist them in
accomplishing this task.
Adopted by the Council of the City of Virginia Beach on
September 27 1982.
RJN/da AP@n@,OVED t,.S To C,.)'@,'.TENT
9/21/82
RES/2
'EY
- 1 9 -
ITEM II-F.5 ITEM #18763
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing the City Manager to enter into a
contract for an engineering report which will update the financing
of Public Utilities Capital Improvement Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
2 0 -
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT FOR AN ENGINEERING
.REPORT WHICH WILL UPDATE THE FINANCING OF
PUBLIC UTILITIES CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the qtlalified voters of Virginia Beach approved
and City Council authorized the-sale of bonds for water and
sewer purposes in the amount of $46,million, and
WHEREAS, by resolution on November 23, 1981 City Council
pledged to the bondholders in part that the city shall charge
to users of the water and sewer system rates on fees sufficient
to pay the cost of operation and administration,and the principal
of and interest on the bonds authorized and any other bonds '
heretofore and hereafter issued on account of such system, and
WHEREAS, on February 11, 1982, City Council issu&d the
first installment of these bonds in the amount of $16 milli.n
secured by a pledge-of revenues from the water and sewer system
as well as the full faith and credit of the city, and
WHEREAS, a report on the financing of Public Utilities
capital improvement program was included in the Official Statement
for the issue in order to give comfort to prospective bond buyers
that revenues were sufficient to fulfill the pledge made by
City Council, and
WHEREAS, before issuing a second installment of the water
and sewer referendum bonds, it is essential to retain an
engineering firm to issue a report which will update the
projections of revenues and expenses, analyse the utility
capital improvement program ancl determine !.f debt coverage
needs will require future rate adjustments, and
WHEREAS, the firm of Buck, Seifert, and Jost, Inc. based
on past performances can render the necessary engineering
services, and
WHEREAS, the cost of the study will not exceed $20,000 unless
authorized and will be paid from the proceeds of tlie water and sewer issue.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF ll-IE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized to
enter into the appropriate agreement with Buck, Seifert, and Jost, Inc.
for an engineering report that will update the financing of Public
2 1 -
Utilities Capital Improvement Program.
Adopted by the Council of the,City of Virginia Beach, Virginia
on the 27th day of Sept@mber 9 8 2
- 2 2 -
ITEM II-F.6 ITEM #18764
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Chapter 27, Article II
of the Code of the City of Virginia Beach relating to Unclaimed
property in the Custody of the Police Department (Sections 27-21
through 27-25).
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
2 3 -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 27, ARTICLE II OF THE CODE
OF THE CITY OF VIR-@INIA BEACH
RELATING TO UNCLAIMED PROPERTY IN
THE CUSTODY OF THE POLICE
DEPARTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 27, Article II of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 27-21. Monthly-report-to-eity-mangerT Disposal of
.unclaimed property in possessi n of police,
pe+ieeT Any unclaimed personal property which has been in the
possession of the department of police and remains
unclaimed for a period of more than sixty (60) days may be sold
at ptiblic auction in accordance with the prov4-sions of this
article. As used herein, "unclaimed idersonal property" shall be
any personal ptoperty belonging to another which has been
acquired by a law enforcement officer pursuant to his duties,
which is not needed in any criminal prosecution, which has not
been claimed by its rightful owner and which the state treasurer
has indicated will be declined if remitted under the Uniform
Disposition of Unclaimed Property Act of the Code of
Virginia.
Section 27-22. Return-te-finelerT Requirements prior to sale.
2 4 -
Prior
to the sale of any unclaimed item the chief of police
or his duly authorized agent shall make reasonable attempts to
notify the rightful owner of the property, obtain from the
Commonwealth's attorney in writing a statement advising that the
item is not needed in any criminal prosecution, and cause to be
published in a newpaper of general circulation in the locality
once (1) a week for two (2) successive weeks, notice that there
will be a public sale of unclaimed personal property. Such
property shall be described generally in the notice, toqether
with the date, time and place of the sale. The chief of police,
or his duly authorized agent, shall pay from the proceeds of the
sale the cost of advertisement, removal, storage, and
investigation as to ownership and liens, and notice of sale. The
balance of the funds shall be held by such officer for the owner-
and paid to the owner upon satisfactory proof of ownership.
Section 27-23. Advert4aement-and-sale-generallyT Disoosition
of funds from sale.
anel -pner eh eneli se -reyr a! n! mg -unel aifne,3 -sh al 1- be- selel- at - au etien
-2-
-2 5 -
If no claim has been made
by the owner for the proceeds of such sale witl)in sixty (60) days
of the sale, the remaining funds shall be deposited in the
.general fund of the city. Any such owner shall be entitled to
apply@to the city witliin thred (3) years from the date of the
sale and, if timely application is made therefor, the city shall
pay the remaining proceeds of the sale to the owner without
interest for other charqes. No claim shall be made nor any suit,
action or proceeding be instituted for the recovery of'such funds
after three (3) years from the date of the sale.
*State law reference Section 15.1-133.01, Code of Virginia.
Seetion-24-26-247a87--ReservedT
2 6 -
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 7 day of September 19 82.
MES/re
5/12/82
5/25/82
(B.2)
For State Authority see section 15.1-133.01 Code of Virginia,
as amended
APpp@OVED AS TO CO?4,T[" "T
- 2 7 -
ITEM II-F.8 ITEM #18765
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to transfer from the General Fund to the City
Garage Internal Service Fund an amount of $43,000.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, ITI, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
2 8 -
AN ORDI-NANCE TO TRANSFER
FROM THE GENERAL FUiqD TO
THE CITY GARAGE INTERNAL
SERVICE FUND AN AMOUNT OF
$43,000
WHEREAS, the cost of the City Garage inventory rose
by over $43,000 in the 1982 fiscal year; and
WHEREAS, this investment in inventory has created
in the City Garage Internal Service Fund an insufficiency in
operating cash; and
WHEREAS, an increase of $43,000 in -,he advance from
the General Fund to the City Garage will offset the present
imbalance and provide the City Garage with the flexibility
to operate effecti-vely.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
THAT a transfer from the General Fund to the City
Garage Internal Service Fund be made in the amount of
$43,000.
ADOPTED: September 27, 1982
GGD:JDB:er
9-22-82
- 2 9 -
ITEM II-F.9 ITEM #18766
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate funds in the
amount of $136,330 to initiate an alcohol detoxification project
of the Community Services Board (Department of Mental Health and
Mental Retardation).
Voting: 10 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 111, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
30 -
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
$136,330 TO INITIATE AN ALCOHOL DETOXIFICATION PROJECT
OF THE COMMUNITY SERVICES BOARD (DEPARTMENT OF MENTAL
HEALTH AND MENTAL RETARDATION)
WHEREAS, the Virginia Beach Community Services Board has, since 1978,
identified the nee:d for, an alcohol detoxification program for Virginia Beach; and
WHEREAS, an alternative to handling the public inebriate in the criminal
justice system should result in significant savings in the police, jail and court
resources; and
WHEREAS, a detoxification approach should enable persons arrested for
drunk in public and their families to receive services and support t,o assist them
in addressing their gerious health problem; and
WHEREAS, the 1982 Virgihia General Assembly appropriated fdnds for the
initiation of demonstration alcohol detoxification centers; and
WHEREAS, the Community Services Board has been awarded funding to im-
plement such a project,
NOW, THEREFORE, bi5 it ordained by the Council of the City of Virginia
Beach, Virginia;
That funds in the amount of $136,330 be appropriated as follows to the
Department of Mental Helath and Mental Retardation foi, the Alcohol Detoxification
Project:
Personnel $ 7.0,459
Fringe Benefits 13,479
Contractual Services 2,905
Internal Services 1,094
Other Charges 21,481
Capital Outlay 8,162
Leases & Rentals 18,750
Total Appropriation $ 136,330
BE IT FURTHER ORDAINED that the appropriations be financed by $120,000
from the State Department of Criminal Justice Services, $8,165 from State Department
of Mental Health and Mental Retardation and $8,165 from fees and contributions.
That seven full time and one part-time positions are hereb authorized
y
for the duration of the funding, to be,paid from the funds, with the class of the
employees to be determined by the City Manager.
FIRST READING: September 27, 1982
SECOND READING:
- 3 1 -
ITEM II-F.10 ITEM #18767
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate $2,908,257
for Fiscal Year 1983 for the payment of Purchase Orders brought
forward from Fiscal Year 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McCianan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 2 -
Requested by: Department of Finance
AN ORDINANCE TO APPROPRIATE $2,908,257
FOR FISCAL YEAR 1983 FbR THE PAYMENT OF
PURCHA.SE ORDERS BROUGHT FORWARD FROM
FISCAL YEAR 1982
WHEREAS, during the course of business in fiscal ye ar
1982, purchase orders
or contracts were issued commiting the City
to purchases of matekials, supplies, equipment or services for use
by several departments, divisions, or bureaus, and
WHEREAS, these purchase orders or contracts were charged
to appropriations previously authorized for the fiscal year ended
June 30, 1982 so as to keduce the unencumbered balance of those
appropriations, and
WHEREAS, on June 30, 1982 there were purchase orders or
contracts totaling $2,908,257 for which materials, supplies, equip-
ment or services had not been delivered or invoiced.
NOW,.THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the funds totaling $2,908,257 unexpended and
represented by purchase orders outstanding on June 30, 1982 be
reappropriated as additions to fiscal 1983 appropriations to the
respective departments, divisions, or bureaus of the City so that
upon delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds
shall be appropriated from the following respective fund balances:
General $1,160,088
Wziter & Sewer 333,675
Law Library 78
Tidewater Virginia ASAP 2,624
Pendleton Child Center 196
School operating 1,411,596
2,908,257
This ordinance shall be effective from date of adoption.
FIRST READING: Sep tembpr 27, 1.982
SECOND READING:
GGD:JDB:er c r, AT C)
9-21-82
-!T
- 3 3 -
ITEM II-F.11 ITEM #18768
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate funds of
$77,615 to the Commissioner of the Revenue's Office and $5,700
to the City Treasurer's Office to implement the Proration of
Taxation of Motor Vehicles.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 4 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$77,615 TO THE COMMISSIONER OF THE
REVENUE'S OFFICE AND $5,700 TO THE CITY
TREASURER'S OFFICE TO IMPLEMENT THE
PRORATION OF TAXATION OF MOTOR VEHICLES
WHEREAS, City Council desires to enhance the equity of
the City's taxation of motor vehicles, and
WHEREAS, the Commissioner of the Revenue and the City
Treasurer have developed a program and associated budget to
provide for the proration of personal property taxation for
motor vehicles; and
WHEREAS, the Commissi oner of the Revenue will require the
establishment of seven permanent, full-time positions and funding
of $77,615 to initiate and maintain the program for the period of
October 16, 1982 through June 30, 1983, and the City Treasurer
a a
will require six temporary positions and related materi ls nd
supplies totalling $5,700 to support and mdintain the program for
the same period; and
WHEREAS, these costs will be offset by the revenues generated
by the prorated taxation program;
NOW, THEREFO RE, BE IT ORDAINED by the Council of the City,
of Virginia Beach that funds of $77,615 be appropriated to the
Commissioner of'the Revenue's Office and $5,700 be appropriated to
the City Treasurer's Office for their implementation of the
prorated taxation of motor vehicles.
BE IT FURTHER ORDAINED that these appropriations be financed
by an increase of $83,315 in personal property tax revenues for
fiscal year 1983.
FIRST READING: September 27, 1982
SECOND READING:
- 3 5 -
ITEM II-F.12 ITEM #18769
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to appropriate funds of
$75,000 for the Virginia Museum of Marine Sciences.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 6 -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $75,000 FOR THE
VIRGINIA MUSEUM OF MARINE
SCIENCES.
WHEREAS,.the City of Virginia Beach desires a
Mu.eum of Marine Sciences; and,
WHEREAS, the General Assembly has provided funding
of $75,000 in the first year of the 1982-1983 biennium to
assist in such a purpose; and,
WHEREAS, this funding requires no local match and
will assist' in financin,g the FY83 operating budget of the Museum
for approximately eight months.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $75,000 be appropriated to
the Generai Improvements Capital Projects Furld to assist in
financing the FY83 operating budget of the Virginia Museum of
Marine Sciences.
BE IT FURTHER ORDAINED that estimated revenue from the
Commonwealth be increased by $75,000 to finance this appropriation.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of eptember, 1982.
FIRST RTADING: September 13, 1982
SECOND READING: September 27, 1982
- 3 7 -
TTEM 11-P.13 ITEM #18770
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT on SECOND READING the Ordinance to appropriate funds of
$2,867,850 for City of Virginia Beach School Programs funded by
Special Categorical Grants for School Year 1982-83.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 8 -
Requested by: Department of Finance
AN ORDINANCE TO APPROPRIATE
FUNDS OF $2,867,850 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROGRAMS FUNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL
YEAR 1982-83
WHEREAS, the Virginia Beach School Board has been notified
that.it will receive funds of $2,867,850 through special state
and federal categorical grants for the school year 1982-83, and
WHEREAS, these funds were not included in the FY83 School
Operating Budget approved by City Council, and
WHERF-AS, the School Board-at its meeting on August 17, 1982,
approved this funding and requests that City Council appropriate
these funds, and
WHEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA tliat funds of $2,867,850 are hereby
appropriated for school purposes for PY82-83 under the auspices
of the following grants:
Grant Source Amount
Community Education State $ 20,bOO
Remedial Education State 215,325
Title VI-B - P.L. 142 Federal 921,899
Chapter I, P.L. 97-35 (Title 1) Federal 1,383,373
Chapter II, P.-L. 97-35 Federal 276,868
Title IV-C (ESEA) Federal 29,730
Title VI-C, P.L. 94-142 Federal 20,655
Total $2,867,850
BE IT FURTHER ORDAINED that thi.s appropriation will be
financed by $235,325 estimated revenue from the Commonwealth and
$2,632,525 estimated revenue from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
This ordinance shall be effective for the fiscal year
beginning July 1, 1982.
Adopted by the Council of the City of Virginia Beach,
Virginia on the . 2 7 day ot September__, 1982.
FIRST READING: tem@er 13; 1982 APPROVED AS TO CO,'ITE14T
@iC@NAT@'-
SECOND READING: September 27, 1982
DEPARTMENT
A AS TO 0
- 3 9 -
ITEM II-F.14 ITEM #18771
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to increase estimate revenues
and transfer funds from the General Fund Reserve for Contingencies
for street improvements to the 100 Block of 80th Street.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
40 -
AN ORDLNANCE TO INCREASE ESTIMATE
REVENUES AND TRANSFER FUNDS FROM
THE GENERAL YUND RESERVE FOR
CONTINGENCIES FOR STREET I@NTROV=TS
TO THE 100 BLOCK OF 80TH STREET
WREREAS, on November 28, 1977, City Council accepted the
report of the Mayor's Comdttee on North Virginia Beach, and
WHEREAS, this report among other considerations recommended
guidelines for constructing and financing street improvement
to parallel streets between Cavalier Drive and 89th Street, and
WHEREAS, the owners of property at 80th Street, 100 Bloclk
have agreed to pay their pro rata share of the cost to install
curb and gutter along their street,and
WHEREAS, the total cost for street improvements to the
100 Block of 80th Street is $40,000 to be financed as follows:
1. Property owners share - $5,890
2. Request for additional funding - $34,110
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BF-ACH that funds of $34,110 be transferred
from the General Fund Reserve for Contingencies to the Department
of Public Works for the construction of burb and gutter to the
100 Block of 80th Street.
Be it further ordained that Estimated Revenues from property
oumers' share be established for $5,890 and that the above project
shall not be performed until the record property owners have
paid or entered into an agreement to pay their pro rata share
of the cost of these improvements.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach on the
day of 19
FIRST READING: September 27, 1982
-4 1 -
ITEM II-F.16 ITEM #18772
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance declaring a certain portion of Old Holland Road
in the Kempsville Borough of the City of Virginia Beach EXCESS and
authorizing the City Manager to dispose of same.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
4 2 -
AN ORDINANCE DECLARING A CERTAIN
PORTION OF OLD HOLLAND ROAD IN THE
KEMPSVILLE BOROUGH OF THE CITY OF
VIRGINIA BEACH EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE OF THE SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Whereas, Louis E. Redine and Mary J. Recine made
application to the City Council of Virginia Beach in June of 1981
to have a portion of Old Holland Road in the Kempsville Borough
discontinbed, closed, and vacated pursuant to SS15.1-364, Code of
Virginia, 1950, as amended; and
Whereas, on January 11, 1982, after due and proper
notice, City Council closed a certain portion of Old Holland
Road, in the Kempsville Borough of the City of Virginia Beach, as
shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE
ACQUIRED BY LOUIS & MARY J. RECINE FROM THE CITY OF VIRGINIA
BEACH, KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," dated
September 22, 1982, a copy of which is on file in the Office of
the City Attorney of the City of Virginia Beach; and
Whereas, the City of Virginia Beach owns that certain
parcel entitled "PARCEL l' as shown on the above-referenced plat,
by Deed recorded in Deed Book 1597, at Page 291, on file in the
Clerk's office of the Circuit Court of the City of Virginia
Beach, virginia; and
Whereas, the City of Virginia Beach may have acquired an
interest in Parcel 2, as shown on the above-referenced plat, by
virtue of the above-referenced street closure approved by City
Council on January 11, 1982; and
yhereas, the City of Virgini@ Beach is no lohger in need
of Parcels 1 or and desires to declare the same excess
property, subject to the Ci.ty retaining a drainage and utility
easement as shown on the above-referenced plat; and
Whereas, the Council of the City of virginia Beach
wishes to convey Parcel 3 as well as its interests in Parcel 1
4 3-
and Parcel 2 to Louis E. and Mary J. Recine for its appraised,
fair-market value.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Parcels 1 and 2, as shown on the certain plat
entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED BY LOUIS & MARY J.
RECINE FROM THE CITY OF VIRGINIA BEACH, KEMPSVILLE BOROUGH
VIRGINIA BEACH, VIRGINIA," dated September 22, 1982, are hereby
declared to be in excess of the neleds of the City of Virginia
Beach and that the City Manager is authorized to convey all said
excess property, upon the granting of the above-mentioned
drainage and utility easement to LouiS E. Recine and Mary J.
Recine, by documents approved by the City Attorney's Office in
consideration for its appraised value.
This ordinance shall be effective from the date of its
adoption.
RJN/da
9/10/82
9/21/82
(misc.)
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
YI,PPP--VED AS TO CO',TE!@,7
D.'P,%,KTMENT
'APPR D ASITO
qz
-2-
4 4 -
E3
9 2 7 8 2
- 4 5 -
ITEM II-F.17 ITEM #18773
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 conditions of an agree-
ment between the City of Virginia Beach and the City of Chesapeake
related to Acquiring Rights-of-Vay to construct and maintain water
and sewer lines and streets in Queen City: Authorizing the City
Manager to execute and implement the terms and provisions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
4 6 -
AN ORDINANCE APPROVING THE TERMS AND
CONDITIONS OF AN AGREEMENT BETWEEN THE
CITY OF VIRGINIA BEACH AND THE CITY OF
CHESAPEAKE RELATED TO ACQUIRING RIGHTS
OF WAY TO CONSTRUCT AND MAINTAIN WATER
AND SEWER LINES AND STREETS IN QUEEN
CITY:@AUTHORIZING THE CITY MANAGER TO
EXECUTE AND IMPLEMENT THE TERMS AND
PROVISIONS
WHEREAS, pursuant to Section 15.1-305, Code of
Virginia, 1950 as amended, agreements concerning the acquisition,
construction, maintenance and operation of any project is
authorized by the General Assembly of Virginia between two or
more cities of-this state; and
WHEREAS, the of the City of Virginia Beach desires to
enter into an agreement with the City of Chesapeake for
installing water, sewer and streets in the subdivision known as
Queen City, approximately two-thirds of which lies in the City of
Virginia Beach and approximately one-third of which lies in the
City of Chesapeake.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
(1) The Council of the City of Virginia Beach,
Virginia, approves the purposes, terms and
conditions of and intent of the attached agreement
to install water, sewer and streets in Queen City,
a subdivision of approximately two-thirds of which
lies in the City of virginia Beach and
approximately one-third in the City of
Chesapeake.
(2) Whereas, all fees required for hook-up to sewer
and water systems by the Chesapeake residents
within the Queen City area as shown on the "Queen
City Neighborhood Plans" will be collected by the
City of Virginia Beach in accordance with the
applicable Virginia Beach ordinances.
4 7 -
(3) The City Manager of the City of Virginia Beach, is
hereby authorized and directed to execute on
behalf of the City of Virginia Beach the agreement
attach@ed hereto and made a part hereof.
(4) The City Manager-is hereby authorized and directed
to carry out the terms and provisions of this
agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 27, 1982
9/21/82
(ORD)
APpp.0,@IET) AS-, 0 C'O@@'
AP2
-2-
-4 8 -
ITEM II-F.18 ITEM #18774
The following bids have been received for the Cleaning and Painting
of Structural Steel - Laskin Road Bridge Project:
Industrial Power and Maintenance
Corporation $14,645.48
Shaw Paint and Wallpaper Company,
Inc. $14,731.00
Pedos Brothers $18,400.00
E. Caligari and Son, Inc. $18,874.00
Eastern Decorating Company, Inc. $19,247.00
Crowder Contracting Company, Inc. $19,700.00
B. R. Flowers and Company, Inc. $20,430.00
ENGINEER'S ESTIMATE $28,000.00
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of Industrial Power and Maintenance Corporation
in the amount of $14,645.48 for the Cleaning and Painting of
Structural Steel - Laskin Road Bridge Project and authorized the
City Manager to enter into the necessary agreements for the
implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 4 9 -
ITEM II-F.19 ITEM #18775
The following proposals have been received for the lease/purchase
of equipment totaling $85,096.42. This equipment includes a
telephone system for Mental Health/Mental Retardation at $24,116.42
and electronic voting equipment for the General Registrar at $60,980.
Annual Percentage Rate
Southern National Leasing
Corporation 11.75%
Gelco Equipment Leasing Company 12.89%
Horner, Barksdale and Company 13.16%
First Continental Leasing Corporation 15.59%
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the proposal of Southern National Leasing Corporation at an
annual percentage rate of 11.75% for the lease/purchase of equipment
totaling $85,096.42.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 5 0 -
ITEM II-F.20 ITEM #18776
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the following Raffle Permits:
Raffle Childrens' Hospital of the Kings
Daughters - Greenbrier Circle
Raffle Brookwood P.T.A.
Raffle Virginia Beach Arts Center
Raffle Ladies' Auxiliary Fleet Reserve
Association
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Co,,ncil Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 5 1 -
ITEM II-F.21 ITEM #18777
The following State-Local Hospitalization Contracts are submitted
for Council's consideration.
1981-82 1982-83
Community Mental Health Center $168.60 $234.80
Leigh Memorial Hospital $261.95 $308.57
Norfolk General Hospital $263.95 $308.57
Maryview Hospital $191.22 $274.63
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the State-Local Hospitalization Contracts. The State pays
75% of the cost, with the municipality paying the remaining 25%.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 5 2 -
ITEM II-F.22 ITEM #18778
Upon motion by Councilman McCoy, seconded by Councilman Baum, 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 $1,652.52.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
C: A. 7
-5 3-
AN ORDINANCE AUTHORIZING TAX REFU,'@E)S
UPO[q APPLI',-ATiON OF CEiTAli@ PEI',@ONS
A14D UPON C-@RTIFICATION 01- THr-- 1 F,.EASURER
FOR PAYNIE@JT
BE IT ORDAINED BY THE CO:INCIL OF TH= CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refLl,-,ds upon certificatioii of thc- @freasl-rer are liercby approved:
Tax Type Ticket Exonera- D ate Penalty lnt. Total
NAME Year of Tax Njmber tio@i No. Paid
ginia L Collins 81 pp 24326 8/21/82 40.00
es & Diane Broadviay 82 pp 15196-9 6/5/82 296.76
id Fore:flan 78 pp 119686 4/16/82 C6.39
h J Col@field 82 pp 24792-6 8/19/82 22.32
21.60
ie Willie 82 RE(2/2) 8890@1-7 3/18/82
rge E @cliraudt Jr 82 RE(2/2) 70072-7 8/19/82 25.43
hael J @les'Lor 82 Pkng 5151 8/31/82 20.00
Total 49 0
!-AVJ
This ordinance shall be effective froni date of adoption.
T[le above ,,batement(s) tot&iillg
$ 4 9 2 . 5 0 @vere ,ipprc-ved by
the Council of Ii-, City of Virginia
Beach oii theZ-7-day of -S-epL@er
.i,@soil, Irr.,asurer
j- i
Ap-,)ro,,,-,d oim:
Ruth iiodges S!iiith
City Clerk
i,,, I cB i ni,.; o n. City Attoi,ney
-5 4-
9/1 7/ C-12 L-1@10
AN ORDI.'4A@ICE AUTHOF.IZ!NG TAX REF!JI\IDS
UPON APPLICAT!ON C)F CEFITAI@\J PER"ONS
Al\'D UPC)N CERTIFICATION (,iz @FIE TREASUR,@R
FC)R PAYtiEt4T
BE IT ORDAINED BY TFIE COUNCIL LF THE CITY'OF Vlf,%GINIA BEACH, V[Fi-@,@NIA:
That the folloviing applicaiions for tax i@,unds upon ce,,rtification of the Treasurer are hcrcby approved:
NAME Tax Type Ticket Exonera- Date
Year of Tax NL)mber tion Ilo. Paid Pephity lnt. Total
cliael O'Brien 82 Pkng 31536 8/25/82 6.00
@v of tlorfol@, 78 RE(1/2) 'I'@591-7 4/14/80 367.95
ty of 'Iorfolk 78 RE(2/2) 1'1)r@791-7 6/1/78 735.02
T-,or.d & Aiiiiie Sailey 82 RL(112) 0-8@-)73-4 11/16/81 25.07
@,r,,ond & Aniiir Sailey 82 RE(2/2) 68673-4 5/27/82 25.07
Total 1,160,,02
This ordinance shall be effective from dn-te of idoption.
The above abateirent(s) totaling
1 6 Q . 2@ vwc rc approved by
Ill(' Co'@-r-cil of tl)e Cit@, of Virginia
Boacii oil tlle_27 day of ett@te.r
RL]tll liolgeS Smith
12?
CitY Clerk
lo L3iiii@oi), (.,ity Attotricy
- 5 5 -
ITEM II-F.23 ITEM #18779
Upon motion by Councilman McCoy, seconded by Councilman Baum, 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 $231.46.
Vot ing: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
5 6 -
AN ORDINANCE AUTHOIZIZING LICENSE REFU,@DS
UPON APPLICATION OF CEI@TAIN PERSONS AND
UPON CERTIFICATION 01' Tiir,- Co@@l!.SSIONER
OF THE liEVEIIUE
BE -IT ORDAINED BY THr,- CC)u,,ICIL OF THE CI-@Y OF VIRGIII'IA BEACH, VIRGINIA:
That the followlilg.applications for license. refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LI
....... YEAR PAID B7'@SE PENALTY INT. TOTAL
llard, James M. 1981 25.50
25.50
vis, Bobby 1982 5/3/82. '116.25 116.25
nders, James E. 1981 8/3/81 89.71 89.11
erp),@fied as to Payinent:
Approved as to form:
SEP 14
@@AVj
1-t.2, Attorney
The above abatement(s) totaling $ 231.46 were approved by thc-@
uncil of the CitY* of Virginia Beacli on the 27
day of September
82
Y Clerk
5 7 -
ITEM II-F.2 ITEM #18780
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing an increase in rates for basic
service charged by Cox Cable Virginia Beach under certain terms and
conditions.
Voting. 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Meyera E. Oberndorf
5 8-
Requested by: City Manager
RESOLUTION AUTHORIZING AN INCREASE IN
RATES FOR BASIC SERVICE CHARGED BY
COX CABLE OF VIRGINIA BEACH UNDER
CERTAIN TERMS AND CONDITIONS
WHEREAS, Cox Cable Virginia Beach, Inc., has applied for
authorization to increase the rates for which they charge their
subscribers for installation and for monthly service; and
WHEREAS, as required by the CATV ordinance, adopted by
the Council of the City of Virginia Beach on May 17, 1976, a
scheduled renegotiation-session and a public hearing have been
held to consider this request by Cox Cable Virginia Beach, Inc.;
and
WHEREAS, as a result of the renegotiation session and the
public hearing, Cox Cable Virginia Beach agrees to the following
service improvements:
1. The Company shall notify its customers by mail on the
first billing to each customer, and regularly thereafter, and by
CATV, of its existing policy to credit a subscriber's account for
those periods for which service is interrupted in excess of 48
hours. The 48-hour time period will commence from the time the
subscriber notifies the Repair Dispatch Department of Cox Cable.
2. The Company shall expand its quality assurance
program to include a minimum of 10% of its installation calls,
until suth time as the City Manager and the Company mutually agree
that a smaller percentage is acceptable to maintain quality
service.
3. The Company shall permit and participate with the
City in requesting a site visit by the FCC or other qualified CATV
technical agency to verify the demonstrated ability of the system
to operate as required by Section 6 of the CATV ordinance.
4. The Company shall submit its daily plione systein
status reports to the City for each business day from January 1,
1982, henceforth. Further, the Company shall from October 1,
1982, for each month maintain a 90% average ratio between calls
received and calls answered for both the customer service and the
repair number. Also, for no single day of the month may the
5 9 -
percentage drop below 80% for customer service or repair. It is
expressly understood that these pe rcentages shall not apply to
service outages caused by electr ical storms, severe wind storms,
natural diaster, or other acts of God.
5. The Company shall expand service to residents in the
Red Mill Farms/Sandbridge/Lago Mar areas by December 31, 1983, and
to continue geographical expansion as required by the franchise.
6. The Company shall install an on-line billing program
as soon as capacity for this service is made available by Cox
Broadcasting, but not later than June 30, 1982, unl@ess an
extension is granted by the City Manager; and
WHEREAS, Cox Cable Virginia Beach agrees that effective
upon the date that the rate increase goes into effect, the City
will be reimbursed for the expenses incurred in contracting for a
rate review w.ith the Cable Television Information Center; and
WHEREAS, Cox Cable Virginia Beach agrees to arbitrate the
matter of a franchise fee or interconnection fee in lieu of a
franchise fee, for stibscribers on military bases; said arbitration
shall be pursued, conducted and (iontrolled by paragraph
(18) of the CATV Franchise Ordinance dated March 17, 1975.
WHEREAS, Cox Cable Virginia Beach shall provide 30 days
notice to the City and to its subscribers before it increases pay
TV rates;..,and
WHEREAS, Cox Cable Virqinia Beach shall set up and equip
a color studio in Virginia Beach and to commit the staff required
by the franchise agreement. Until such time as this is
accomplished, Cox Cable Virginia Beach will provide $50,000 worth
of local origination equipment the title to which will remain with
Cox Cable, to be located at the Municipal 'Center. Further, Cox
Cable will provide one full-time local origination
Director/Coordinator, including salary and fringe benefits, to be
used full time by the City to accomplish local origination
programming. Both the equipment and the staff person will remaill
assigned to Virginia Beach until the studio is activated and
staffed at the level required by the original bid proposal. This
-2-
6 0 -
agreement is not meant to supersede the original proposal and is
not in lieu of Cox Cable Virginia Beach's obligations under the
franchise; and
WHEREAS, Cox Cable Virqinia Beach shall compute the
franchise fee on gross revenues and, with the understanding that
any increase in the franchise fee would be considered as an added
expense and, therefore, would be passed on to the consumer, either
as an add on to the bill or as a part of the rate base, the
Company agrees that it will support an application to the FCC when
and if City Council, after further study and deliberation on this
issue, decides to request an increased franchise fee of either
four or five percent.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGItqIA THAT effective upon demonstrated
performance of and agreement to the dbove items, such performance
and agreement to be certified by Cox Cable of Virginia Beach to
the satisfaction of the City Manager, but in no case before
January 1, 1983, that Cox Cable oF. Virginia Beach will be
authorized to raise the basic monthly rate to $8.95 and the
installation charge to $25.00.
ADOPTEI) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA ON THE 27 DAY OF September 1982.
9/20/82
9/21/82
9/22/82
RES.2
APPRO
-3-
-6 1 -
ITEM II-F.7 ITEM #18781
The following spoke in favor of the proposed Ordinance:
William Mitchell, Sandbridge Civic League
Betty Wells, representing herself and Red
Mill Farms
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council voted to uphold the recommendation of the City Manager
and ADOPT AS PRESENTED the Ordinance to amend and reordain Section
38-3 of the Code of the City of Virginia Beach, Virginia, pertaining
to discharge of firearms in specific areas of the City of Virginia
Beach AND refer this matter to the City Attorney for geographical
review to protect the Sandbridge area.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, 11I, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
6 2 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA PERTAINING
TO DISCHARGE OF FIREARMS IN SPECIFIC
AREAS OF THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VLRGINIA:
That Section 38-3 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 38-3. -Discharge of firearms, airguns, etc.
(a) It shall be unlawful for any person to discharge
any firearm, spring-prop6lled rifle or pistol or air-propelled
rifle or pistol, from or acrdss any land or water north or west
of the trace of the line beginning at the intersection of Elbow
Road and the Chesapeake-Virginia Beach city boundary line; thence
northeastwardly along Elbow Road to Salem Road; thence
Isoutheastwardly along Salem Road to North Landstown Road; thence
northeastwardly along Landstown Road to Princess Anne Road;
thence southeastwardly along Princess Anne Road to Geeane
Neek Sandbridqe Road; thence eastwardly along Dam-Neek Sandbridqe
Road to its intersection with the Atlantic Ocean; except that
this prohibition shall not apply to shotguns discharging pellets
under the following conditions:
(1) On land that is fifty (50) acres or more of
contiguous area; and
(2) Under one ownership; and
(3) Used primarily for agricultural purposes; and
(4) The landowner @as ai3plied for a permit from the
chief of police to use his property for this
purpose, which permit shall be qranted by the
chief of police if the applicant meets the
requirements of this section; and
-6 3 -
(5) The person discharging a shotgun as herein set
forth shall, at all times while engaged
in such activity, have in his possession written
permissi8n from the landowner to discharge such
weapo'n on the premises.
(b) It shall be lawful to discharge firearms of 22-
caliber or less south of the trace line enumerated in subsection
(a) subject to -the provisions of this section. It shall be
unlawful to discharge any firearms greater than 22-caliber any
place within the city.
(c) Notwithstaiiding any other provisions of this
section, it shall be unlawful for any person to discharge any
firearm, sr)ring-propelled rifle or pistol or air-propelled rifle
or pistol from, on, across or within one hundred fifty (150)
yards of any building, dwelling, street, sidewalk, alley, roadway
or public land or public place within the city limits.
(d) The prohibitions of this section shall not appiy
to the operation of a shooting event that is sponsored by an
organized group,.provided, the written approval of the chief of
police as to the safety and location of the event is obtained
prior to the event.
(e) Nothing in this section shall be construed to
prohibit the discharge of firearms and other weapons by
law-enforcement agencies and milit.ary forces in the city as part
of authorized training or in the performance of their duties.
(f) A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
.This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 27 day of - September 1982.
KJC/da
9/17/82
?e?4/82
-2-
- 6 4 -
ITEM II-F.15 ITEM #18782
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 and authorizing the City Manager to
execute and carry out the provisions of the approved lease relating to
a Parcel of Property to be utilized as a RECREATION AREA (9.240-acre
parcel of property located on Kings Grant Road, adjacent to Kingston
Elementary School).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-6 5 -
Requested by: Councilman Jack Jennings
AN ORDINANCE APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND CARRY
OUT THE PROVISIONS OF THE APPROVED
LEASE RELATING TO A PARCEL OF PROPERTY
TO BE UTILIZED AS A RECREATION
AREA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute
that,certain lease attached hereto relating to a 9.240 acre
parcel of property located on Kings Grant Road adjacent to
Kingston Elementary School to be utilized for a recreation area
and to carry out the provisions thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, this ?7 day of September, 1982.
Approved:
Mayor
Attest:
City Clerk
9/4-1/82
(RES.2)
APPROVED AS TO CONTENT
SIGNATURE
DEPARTMENT
AP
-6 6 -
THIS LEASE, Entered into this day of
1982, between Percy A. Brill (also known as P.A. Brill) and
Bernice Brill, his wife, hereinafter designated as "lessor",
party of the first part, and the DEPARTMEN T OF PARKS AND
RECREATION, of the City of Virgin-la Beach, Virginia, hereiriafter
designated as "lessee", party of the second part.
W I N E S S E T H
The party of the first part hereby leases to the
Dep@rtment of Parks and Recreatioii of Virginia Beacil, Virginia,
y
to occupy, establish and use, the hereinafter described propert
as a Recreation area:
All th@it certain lot,, piece or parcel of
lancl located in the I-vnnhaven Borough,
City of Virginia Beach, Virginia more
particularly described as all that
certain lot, piece or parcel of land
designated as "Commercial Parcel 9.240
Acres" as shown on plat entitl.ed "Part of
Property of Lynn
Constructioil Company"
recorded iii the Circuit Court Clerk's
Office of tlie C4.ty oi-: Virginia Beach,
Virginia, cii Juiie 30, 1964, in flap Book
61, at Page 40, to which reference is
ma6e for a more particular
description.
The term of this lease sliall be for a period 0,@ oiie (j)
year corimencing on the date of this lease for the alinual reiit of
One Dollar ($1.00), payable in advance, and renewable withou-u t@-iei
nece,isity of notice.
The lessor and lessee agree to the folloi-7ing terms and
conditions-.
1. The lessee will establish a Recreational area at
its cost and expense. 'That it will use and maintain the area iri
a safe, clean, and orderly manner (including the grounds).
2. The partie s mutually agree that either party to
this lease may automitically teralinate this lease at any time
during the term upon 60-dFys ;,,ritte-n iiotice to the n-@'her party,
and the.lessee shall have the right to remove any structure or
equi.pinen t erected or placed tlie-reon by it.
3. The lessee shall riot assign this lease or sul)let, I
underlet or underlease the premises or any part therec)f, or maic'?
I
I
6 7 -
any alterations on the Premises witho,t the leSSOr'S consent by
prior approval in writing.
4. The lessor retains the @-ight of
ingreSS and eqress
for itself, its agents and employec-s to all areas and shall ha,,
the right to enter into and upon said premises, or any part
thereof, at all reasonable hours as the lessor deem.s necessary.
S. It is further agreed that the lessee shal-I not
build or const@uct any permanent buildings or st uct eS pon
r ur u thel
premises, and it shall not remove, move or alter any existing
building or structure without tlie prior written coiiEen@, of the
lessor.
6. Tbe lessee covenants and
agrees not to do or suffer
anything to be done by which persons or property in or about or
ad3'acent to the denised premises may be injured or endangeree,;
and the lessee agrees to save harmless the lessor from any all
claims of any persons of injuries to life, person or prop,-@r@.:@, by
reason of anything done, or permitted to be done or suffered, or
OTII,.tted to be done by the lessee in and abotit tl)e occuID-9t:io-'l @Df
tlie said promises, streets or areas adjacei)t t:herc-to.
7. The lessee covenants and agrees th,,t i.t will ]lot
allow said premises to be used for any illegal or im)noral
purposes, that he will not do, or suffer to be done, in or about
said premises, any act or thing whicli may be a nuisance,
aniioyance, inconvenience or damaae to the lessor or to any
adjoining or @urrourding prope@ty in the area.
8. The lessee agrees that it will..keep and ma-@'ntain
the preniises in as good condition as they were @at present, and
that it will deliver up possession of the premises at the end of
the !iaid term in as good order and condition as the sanie are now,
reasonable wear and tear excepted.
9. -The lessor'covenants for the ten,-,nt quiet enioN,,,@(.r.+.
of the premises for the said term.
10. That all rights and liabilities lierein given or
impo-ed upon either of the parties hereto shall extend to t:.he-
successors and assigns of sucl) parties.
-2-
6 8 -
WITNESS the following signatures and seals on the
month, and year -@'irst above written:
DEPARTMENT OF PARKS AND PECREATION
Of tile CitY Of Virginia Beach
Harol
LESSOR
PerCy A. Bril
ernice BrilT
STATE OF VIRGINIA
C.ITY OF VIPGIIIIA BEACHI to-wit:
a Notary Publiol
in and for tile City and State afore,,i,d, do lier(-b@, cer'-@ify th,,t
liAROLD S. WHITLIIIURST, I)irector C)f Park-s and Recre,.tio.Is @)f he
I C.-*Lty of virginia Beach, whose name as such is siglied to t)ie
foregoinq Agreement, beariiig date on the day of
1982, has acknowle.dged tlie same befo.re me in my City
and State aforesaid.
GIVEN under my hand this day of
1982.
otary Pblic
My Commission Expires:
-3-
6 9 -
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w4.t:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
PERCY A. BRILL and BERNICE BRILL, his wife, whose names as such
are signed to the foregoing Agreement-, b--aring date on the
d-ay of 1982, have acknowledged the same
before me in my City and Sta te aforesaid.
.GIVEN under my hand this day of
1982.
Notary Public
My Commission Expires:
9/21/82
48.13
- 7 0 -
P L A N N I N C A G E N D A
ITEM II-G.1 ITEM #18783
Richard Browner, Land Planner, represented the applicant
Mr. Ray LeSesne, representing the Ridgley Civic League, advised
the civic league has no objections to the Overlay on this pro-
perty provided the buildings are constructed in accordance with
the basic zoning. The only matter of concern is a storage shed
and the civic league requests it remain as such.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of HUNT CONTRACTING
COMPANY for a Change of Zoning District Classification as per the
following with the inclusion of two additional conditions and the
modification of condition five (5):
5. The applicant has voluntarily agreed to
limit the number of units to a total of
49 3 7 .
7. The Site Plan presented to Council September
27, 1982, will be the same as presented to
the Planning Department upon review.
8. The applicant voluntary agrees that the
Deed will include mandatory homeowners
participation.
ORDINANCE UPON APPLICATION OF HUNT CONTRACTING Z0982677
COMPANY, INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION TO A PD-H OVERLAY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Hunt Contracting Company,
Inc., for a Change of Zoning District Classification
to a PD-H Overlay on certain property located on the
North side of Parliament Drive beginning at a point
400 feet more or less West of Yoder Lane, running a
distance of 600 feet more or less along the North
side of Parliament Drive, running a distance of 72.47
feet in a Northerly direction, running a distance of
63.43 feet in a Westerly direction, running a distance
of 513.21 feet along the Western property line, running
a distance of 693.15 feet along the Northern property
line and running a distance of 838.69 feet along the
Eastern property line. Said parcel contains 11.2 acres.
KEMPSVILLE BOROUGH.
- 7 1 -
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the
Site Plan and Subdivision Ordinances.
2. City water and sewer.
3. 1.3 acres of recreation/open space shall be
reserved and maintained by the developer.
4. Any ditches up to 72-inches in diameter shall
be piped.
5. The applicant has voluntarily agreed to limit
the number of units to a total of 37.
6. A five-foot dedication along the frontage on
Parliament Drive (existing 55-foot right-of-way)
to provide for an ultimate 60-foot right-of-way
as per the Master Street and Highway Plan.
7. The Site Plan presented to Council September 27,
1982, will be the same as presented to the Planning
Department upon review.
8. The Deed is to include mandatory homeowners
participation.
This Ordinance shall be effective upon date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
7 2 -
Voting: 9- 1
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Meyera E. Oberndorf
- 7 3 -
ITEM II-G.2 ITEM #18784
Attorney Grover C. Wright, Jr., represented the applicant
The following spoke in opposition:
Richard Bishop, President, Pinewood Gardens
Civic League
Marcus Cole, 501 Lake Drive
Ronald Swann
Bruce Bremner relinquished his time
Dr. Benjamin Troutman
Upon motion by Councilman Kitchin, seconded by Councilwoman McClanan,
City Council voted to DEFER FOR TWO WEEKS (October 11, 1982) the
application of JOHN T. MAMOUDIS for a Change of Zoning District
Classification as per the following,
Ordinance upon application of John T. Mamoudis for
a Change of Zoning District Classification from
R-@ Residential District to B-4 Resort-Commercial
District on Lots 1 through 15, Block 9, Pinewood
Park. Property is located at 301 and 323 Lake
Drive and contains 36,154.8 square feet. VIRGINIA
BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 7 4 -
ITEM II-G.3 ITEM #18785
THE FOLLOWING COUNCIL MEMBERS LEFT CHAMBERS:
Councilwoman Nancy A. Creech
Councilman H. Jack Jennings, Jr.
Councilman Robert G. Jones
The City Clerk advised the applicant will be represented by his
father.
Upon motion by Councilwoman McClanan, seconded by Councilman Kitchin,
City Council voted to DEFER FOR TWO WEEKS (October 11, 1982) the
application of ROLAND W. STORBECK for a Change of Zoning District
Classification as per the following:
Ordinance upon application of Roland W. Storbeck for
a Change of Zoning District Classification from B-1
Business-Residential District to B-2 Community-Business
District on property located on the North side of
Princess Anne Road beginning at a point 1150 feet
West of Glebe Road, running a distance of 114.20 feet
along the North side of Princess Anne Road, running a
distance of 160.56 feet along the Western property
line, running a distance of 115.37 feet along the
Northern property line and running a distance of
160.27 feet along the Eastern property line. Said
parcel contains 17,859.6 square feet. PRINCESS ANNE
BOROUGH.
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, W.
H. Kitchin, Ill, Reba S. McClanan, and J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr.,
Robert G. Jones, and Meyera E. Oberndorf
- 7 5 -
ITEM II-G.4 ITEM #18786
THE FOLLOWING COUXCIL MEMBERS RETURNED TO CHAMBERS:
Councilwoman Nancy A. Creech
Councilman H. Jack Jennings, Jr.
Councilman Robert G. Jones
Delegate Owen B. Pickett represented the applicant
Upon motion by Councilwoman Creech, seconded by Councilman Jones,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CRANSTON LANE ASSOCIATES
for a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICAT10N OF CRANSTON LANE Z0982678
ASSOCIATES FOR A CHANCE OF ZONING DISTRICT
CLASSlFICATION FROM A-1 APARTMENT DLSTRICT
TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Cranston Lane Associates
for a Change of Zoning District Classification on
certain property located on the West side of Cranston
Lane beginning at a point 250 feet more or less North of
Virginia Beach Boulevard, running a distance of 650 feet
along the Southern property line, running a distance of
140 feet in a Northerly direction, running a distance of
131.69 feet in a Westerly direction, running a distance
of 845.06 feet along the Southeastern boundary of Old
Virginia Beach Boulevard, running a distance of 313.98
feet in a Southeasterly direction, running a distance
of 150 feet in a Southwesterly direction, running a distance
of 70 feet in a Southeasterly direction, running a distance
of 161.76 feet in a Southerly direction, running a distance
of 100 feet more or less in an Easterly direction and
running a distance of 150 feet more or less in a Southerly
direction. Said parcel contains 8.5 acres. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A privacy fence is to be provided along the nortbeastern
property line adjacent to the residential area.
This Ordinance shall be effective upon date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
7 6 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 7 7 -
ITEM II-G.5 ITEM #18787
C. Richard Griffith represented the applicant
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 ROSSO AND MASTRACCO, Inc.,
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ROSSO AND R0982486
MASTRACCO, INC., FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE SERVICE STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Rosso and Mastracco, Inc.,
for a Conditional Use Permit for an automobile service
station in conjunction with a Tinee Giant convenience
grocery store at the Southwest corner of Shore Drive
and Starfish Road, on Lots I through 8, Block D.
Lynnhaven Park. Said parcel contains 1 acre. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. City water and sewer.
This Ordinance shall be effective from date of
adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
7 8 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. oberndorf
7 9 -
ITEM II-G.6 ITEM #18788
Neil C. McCloud spoke in behalf of his application
Upon motion by Vice Mayor Henley, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of NEIL C. McCLOUD for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF NEIL C. McCLOUD R0982487
FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL
KENNEL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Neil C. McCloud for a
Conditional Use Permit for a residential kennel on
certain property located on the South side of Mill
Landing Road beginning at a point 1500 feet more or
less West of Morris Neck Road. Property is known as
1665 Mill Landing Road and contains 8 acres. PUNGO
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Approval is for a period of two (2) years.
2. Approval is for a maximum of ten (10) dogs.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
- 80 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 81 -
ITEM II-G.7 ITEM #18789
Ronald T. Brock spoke in behalf of his application
Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City
Council voted to upbold the recommendation of the Planning Commission
and APPROVE the application of RONALD T. BROCK for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF RONALD T. R0982488
BROCK FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALES OF GARDEN SUPPLIES, EQUIPMENT
AND MATERIALS AS A SUBSIDIARY USE TO A
PLANT NURSERY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Ronald T. Brock for a
Conditional Use Permit for retail sales of garden
supplies, equipment and material as a subsidiary
use to a plant nursery on property located on the
West side of Princess Anne Road 1016.38 feet South
of Vaughan Road, running a distance of 544.19 feet
along the West side of Princess Anne Road, running a
distance of 629 feet along the Southern property line,
running a distance of 638.46 feet along the Western
property line and running a distance of 612.59 feet
along the Northern property line. Property is
located at 1255 Princess Anne Road and contains 8.33
acres. PUNGO BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Since existing improvements in area are substandard
in character, right-of-way improvements are waived
except for standard concrete entrances.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of September, 1982.
8 2 -
Voting: 10 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
8 3 -
ITEM II-G.8 ITEM #18790
Attorney Frank Butler represented the applicant
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 HOME BUYERS PROPERTIES,
INC., 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 Home Buyers Properties, Inc.. Property
located on tbe North side of Southern Boulevard, 150
feet more or less East of Oceana Boulevard. Plats with
more detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
The applicant wishes to subdivide a 36,354 square foot
(.83 acre) parcel into two (2) lots, one of which will
be a "flag lot" configuration with 15 feet of frontage
for access.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 8 5 -
AN ORDINANCE TO ATIEND AND REORDAIN
SECTIONS 7.3, 7.5 AND 7.6
OF THE SUBDIVISION ORDINANCE
PERTAINING TO BONDING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 7.3, Performance Bond in Lieu of Installation, of the
Subdivision Ordinance is amended and reordained as follows:
7.3 Performance Bond in Lieu of Installation. Where installations as
required herein have not been made, in whole or in part, the City
may accept for dedication for public use any right-of-way located
within the subdivision which has constructed herein, or proposed
to be constructed therein according to plans and specifications
filed and approved, any street, curb, gutter, sidewalk, drainage,
er traffic control, street lights, sewerage system, er water system
or other improvement, financed or to be financed other than by City
funds, only if the owner or developer furnished to the City a-
eept*f *ed-eheek - *R -the-aFReuRt -ef-the -est @ffiated -es 9 ts-ef -eeigst Fbi e-
t*en a subdivision agreement indicalin completion date of the
requiTed improvements an d a frm of s"? ety satislact"ry to the City
Attorney in an amount equal to the estillated costs f remaining
construction (with estimate of costs agreed to by the Department of
Public Works and the Department of Public Utilities where water
and/or sewer facilities are concerned);
affleHRt-and-se-eand4t*eRed however, in no case shall the amount of
surety be less than ten (10@percent of the total construction
,.sts of the i.provement. (Ord. No. 643; Ord. No. 762)
That Section 7.5, Defect Bond, of the Subdivision Ordinance is amended
and reordained as follows:
7.5 Defect Bond. With regard to any improvement to be accepted for
dedication, maintenance or operation by the City, the owner or
developer shall, at the time of City acceptance of responsibility,
provide a
-eests -ef -the-*ffipFeveFReRt3 -or-a-bend, -w4 th-suf ety
form of
surety satisfa ctory to the City Attorney in an amount equal to ten
't ,f the tota I construction costs of the improvement for
coverage (of) costs of remedy of defects appearing in such improve-
ments within two (2) years; however, any items for which the developer
has paid a fee or posted an escrow and which the developer is not
responsible for construc ing or installing will not be included in
the defect bond.
9 / 2 7 / 8 2
- 84
ITEM II-G.9 ITEM #18791
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Sections
7.3, 7.5 and 7.6 of the Subdivision ordinance pertaining to
bonding requirements.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 8 5 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 7.3, 7.5 AND 7.6
OF THE SUBDIVISION ORDINANCE
PERTAINING TO BONDING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 7.3, Performance Bond in Lieu of Installation, of the
Subdivision Ordinance is amended and reordained as follows:
7.3 Performance Bond in Lieu of Installation. Where installations as
required herein have not been made, in whole or in part, the City
may accept for dedication for public use any right-of-way located
within the subdivision which has constructed herein, or proposed
to be constructed therein according to plans and specifications
filed and approved, any street, curb, gutter, sidewalk, drainage,
oF traffic control, street lights, sewerage system, BP water system
or other improvement, financed or to be financed other than by City
funds, only if the owner or developer furnished to the City a-
t@n a subdivision agreement indicatn, compl etio ate of the
a fr. of @.r ti@f:cd
require improvements and ety sa to ry to the City
Attorney in an amount equal to the estimated costs of remaining
construction (with estimate of costs agreed to by the Department of
Public Works and the Department of Public Utilities where water
and/or sewer facilities are concerned);
however, in no case shall the amount of
surety be less than ten (10@percent of the total construction
costs of the improvement. (Ord. No. 643; Ord. No. 762)
That Section 7.5, Defect Bond, of the Subdivision Ordinance is amended
and reordained as follows:
7.5 Defect Bond. With regard to any improvement to be accepted for
dedication, maintenance or operation by the City, the owner or
developer shall, at the time of City acceptance of responsibility,
provide a
form of
suret' sat isfactory to the City Attorney in an amount equal to ten
T10) percent of the total construction costs of the improvement for
coverage (of) costs of remedy of defects appearing in such improve-
ments within two (2) years; however, any items for which the developer
has paid a fee or posted an escrow and which the developer is not
responsible for construc ing or installing will not be included in
the defect bond.
9 / 2 7 / 8 2
- 8 6 -
That Section 7.6, Release of Bonds, of the Subdivision Ordinance is
amended and reordained as follows:
7.6 Release of Bonds. Performance bonds or other sureties established
in accordance with the provisions of Section 7.3 shall be released
when the Director of Public Works or other affected official
certifies that the requirements set forth therein have been met.
On application by the owner or developer, portions of such bonds
or other sureties may be released in proportion to the cost of
the requirements certified by the Director of Public Works and/or
the Director of Public Utilities in the case of water and sewer
facilities as having been met; however in no case shall the amount
of surety be reduced to less than ten (10) percent of the tot@
construction costs of the improvement.
Defect bonds or other sureties established in accordance with the
provision of Section 7.5 shall be released at the end of two,(2)
years from the date of City acceptance of responsibility. Such
release shall be in full if no defects have been found to exist,
or if defects found to exist have been corrected by the owner or
developer. If defects found to exist have been corrected by action
of the City, the costs of such action shall be deducted from the
defect bond. If defects found to exist within the two (2) year
period have not been corrected after proper notice by the end of
such period, the Director of Public Works shall make an estimate
of cost of correction or the Director of Public Utilities, in the
case of water and sewer facilities, and such cost shall be deducted
from the defect bond, and any balance remaining as a result of
lesser actual than estimated cost shall be paid to the owner or
developer. (Ord. 643; Ord. 762)
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27 day of September 1982.
APPRO)PO AS TO CONTENT
,N T
CITY ATTORNEY
9 2 76 2
- 8 7 -
ITEM II-G.10 ITEM #18792
Upon raotion by Councilman Heischober, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article 9,
Section 902(c), 912(c) and 932(c) of the Comprehensive Zoning
Ordinance pertaining to Minimum Yard Requirements in the B-1, B-2 and
B-4 Districts.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
9 2 7 8 2
- 8 8 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTIONS 902(c), 912(c) AND 932(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MINIMUP1 YARD REQUIREMENTS
IN THE B-1, B-2 AND B-4 DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 902, Minimum Lot Area, Lot Width, Yard Spacing and
Maximum Density Regulations, of the C.Z.O. be amended and reordained in part to
read as follows:
(c) The minimum yard requirements shall eH4y be as provided herein:
(1) Where the side or rear yard of a zoning lot within the B-1
Business-Residential District adjoins the side or rear yards
of a zoning lot in a residential, ei- apartment, or agricultural
district without an intervening street, alley or permanent open
space over twenty-five (25) feet in width such side or rear
yard shall conform to the setback requirements of the adjoining
yard in the residential, er apartment, or agricultural district.
The yard area within five (5) feet of the property line shall
be landscaped with a screening hedge, except for walkways
necessary for access, and no yard area shall be used for park-
ing. However, for any zoning lot involving uses for dwelling
units, the minimum side and rear yards shall be ten (10) feet
which shall be landscaped except for necessary drives and walk-
ways and which shall not be used for parking.
That Article 9, Section 912, Minimum Lot Area, Lot Width, Yard Spacing and
Plaximum Density Regulations, of the C.Z.O. be amended and reordained in part to
read as follows:
(c) The minimum yard requirements shall em;y be as provided herein:
(1) Where the side or rear yard of a zoning lot within a B-2
Community-Business District adjoins the side or rear yard
of a zoning lot in a residential, er apartment, or agricultural
district without an intervening street, alley or permanent open
space over twenty-five (25) feet in width, such side or rear
yard shall conform to the setback requirements of the adjoining
yard in the residential, ar apartment, or agricultural district.
The yard area within five (5) feet of the property line shall be
landscaped with a screening hedge, except for walkways necessary
for access, and no yard area shall be used for parking.
9 / 2 78 2
- 8 9 -
That Article 9, Section 932, Minimum Lot Area, Lot Width, Yard Spacing and
Maximum Density Regulations, of the C.Z.O. be amended and reordained in part to
read as follows:
(c) The minimum yard requirements shall be as provided herein:
(2) Where the side or rear yards of a zoning lot within a B-4
Resort Commercial District adjoins the side or rear yards
of a zoning lot in a residential, er apartment or agricultural
district without an intervening street, alley or permanent open
space over twenty-five (25) feet in width, such side or rear
yards shall conform to the setback requirements of the adjoining
yard in the residential, er apartment or agricultural district.
The yard area within five (5) feet of the property line shall
be landscaped, with a screening hedge, and shall not be used
for parking. Walkways necessary for access shall be permitted.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 7 day of September , 1982.
9 / 2 78 2
- 90 -
ITEM II-G.11 ITEM #18793
Upon motion by Vice Mayor Henley, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article
1, Section 111 of the Comprehensive Zoning Ordinance pertaining
to definition of automobile service station.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 9 1 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111
OF THE COTIPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITION OF
AUTO@IOBILE SERVICE STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and
reordained in part to read as follows:
Automobile Service Station. Buildings and premises where gasoline is
supplied and dispensed at retail, and where in addition oil,
grease, batteries, tires and automobile accessories may be
supplied and dispensed at retail, and whefe-@n-add*t@H the
following and similar services may be rendered and sales made:
(a) Adjusting and repairing brakes;
(b) Emergency wiring repairs;
(c) Greasing and lubrication;
(d) Grocery stores, carry-out food stores and similar convenience
goods, provided that gasoline pumps are protected from traffic
circulation by walls, posts, or other similar barriers; and
provided further that restrooms are available on site and that
an attendant for the gasoline pumps is present at all times;
(e) Motor adjustments not involving removal of the head or crankcase;
(f) Parking lot as an accessory use;
(g) Providing and repairing fuel pumps and lines;
(h) Provision of cold drinks, packaged foods, tobacco, and similar
convenience goods for gasoline supply station customers, but
only as accessory and incidental to the principal operation;
(i) Provision of road maps and other information material to customers;
provision of restroom facilities;
(i) Radiator cleaning and flushing; provision of water, antifreeze and
other additives;
(k) Rental of utility cargo trailers, trucks, and automobiles as an
accessory use;
(1) Replacement or adjustment of minor automobile accessories; to
include mirrors, windshield wipers and the like;
(m) Restaurants and similar eating places and accessory uses other
than drive-in eating and drinking establishments;
9 / 2 7 / 8 2
- 9 2 -
(n) Sale and servicing of non-motorized bicycles;
(o) Sale and servicing of spark plugs, batteries, and distributors and
distributor parts;
(p) Servicing and repair of carburetors;
(q) Tire servicing and repair, but not recapping or regrooving;
(r) Washing and polishing, and sale of automotive washing and
polishing materials.
Uses permissible at a service station do not include body work,
straightening of frames or body parts, steam cleaning, painting,
welding, storage of automobiles not in operating condition nor the
operation of a commercial garage as an accessory use.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27 day of September, 1982.
@i)PROYED AS TO CONTEW
S --'@4T@iRE
CITY ATTOP@NEY
9 2 7 8 2
- 9 3 -
ITEM II-G.12 ITEM #18794
J. Parks Atkinson spoke in behalf of his application and requested
a thirty (30) day deferral.
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to DEFER UNTIL OCTOBER 25, 1982 the application
of J. PARKS ATKINSON for the closure of the western 130.69 feet of
"B" Street, in the Lynnhaven Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 9 4 -
ITEM II-G.13 ITEM #18795
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend the Master Street and
Highway Plan dated December 16, 1974, PEMBROKE AREA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitcbin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 9 5 -
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. Increase Independence Boulevard to a 140-foot right-of-way
from Jeanne Street to Edwin Drive.
2. Add the extension of Constitution Drive south as a 90-foot
right-of-way from Virginia Beach Boulevard to Independence
Boulevard via Bendix Road and Edwin Drive.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 7 day of September 1982.
APPROVED AS TO CONTMT
SIGNATURE
DEPARTM@T
A TO FORM
@SRGNATURE
'@ITY ATTORNEY
9 2 78 2
- 9 6 -
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #18796
Upon motion by Councilman Kitchin, seconded by Vice Mayor Henley,
City Council voted to APPROVE the request of Councilman Kitchin
to add an additional*condition to the application of C. L. FISHER:
"The zoning maps not be changed until the interior
lot lines on the property are vacated."
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
*The City Clerk advised City Council the applicant's representative
was contacted and had no objection to this condition
- 9 7 -
N E W B U S I N E S S
ITEM II-1.1 ITEM #18797
Upon motion by Councilman Jennings, seconded by Councilman Kitchin,
City Council voted to EXPEDITE the application of MILLER OIL
COMPANY to be heard by the Planning Commission on November 9, 1982,
and by City Council on November 22, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 9 8 -
ITEM II-I.2 ITEM #18798
Councilman Kitchin advised Council has received correspondence
recently from Mr. Bruce Martin concerning the Virginia Beach
Maritime Historical Museum and requested this matter be placed
on a future Council Agenda (Informal Session) for further
discussion of this matter.
ITEM II-1.3 ITEM #18799
Mayor Jones advised Council that this was the first time the
Minister had remained with Council during the entire meeting.
E X E C U T I V E S E S S I 0 N
ITEM #18800
Upon motion by Councilman Jones, seconded by Councilman Kitchin,
City Council voted to RETURN to the INFORMAL SESSION to discuss
the balance of that Agenda; after which Council would RECESS into
EXECUTIVE SESSION for discussion of Personnel, Publicly Held
Property, Public Funds Investment and Legal Matters and then
ADJOURN.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum*, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, IIT,* Reba S. McClanan*, and J. Henry
McCoy, Jr., D.D.S.*
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
*COUNCIL MEMBERS BAUM, KITCHIN, McCLANAN AND McCOY VOICED VERBAL
"AYE S "
- 9 9 -
I N F 0 R M A L S E S S I 0 N
City Council returned to the INFORMAL SESSION with the following
Members of Council present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice
Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
CAPITAL IMPROVEMENTS PROGRAM ITEM #18801
The City Manager advised he will be presenting to Council for
their consideration on October 4, 1982 the Capital Improvements
Program and on October 11, 1982 a discussion will be held concerning
this matter and Revenue Sharing Allocations.
On October 18, 1982, a Public Hearing will be held on Revenue Sharing
Allocations and the Capital Improvements Program and on October 25,
1982, Council will be requested to consider on first reading the
Bond Ordinances and Revenue Sharing Allocations.
On November 1, 1982, City Council will be requested to consider
on second reading the Bond Ordinances and Revenue Sharing Allocations
and the Official Statement for the Bond sale.
VIRGINIA BEACH HTSTORICAL MARITIME
MUSEUM ITEM #18802
The City Manager advised on the Agenda of October 4, 1982, will
be the discussion of the Virginia Beach Historical Maritime
Museum to peruse their budget, etc.
Councilwoman McClanan advised knowing what their hours of
operation are and if they are going to curtail their activities
during the winter months would also assist Council in their discussion.