HomeMy WebLinkAboutJUNE 14, 1982 MINUTES
@-C
"'NORLD'S C: rY'-
CIT'.1 COUVCIL
.'.AYO;l J. T!ESRY jil., D.D.S.,
ViC[-AIA@'OR U.IROLD @EliCHOSEP., A, L.,g@
JOHN @4. BAUM. 81.,i ......
E. . BL@CHA,@AN,
F. REID ERVN, A, @,,g,
BARBARA M. HE.NLEY, P-g. B.@.gb
CLAR@@ICE A. HOLL.AND, @I.D., B.I.1d, B-1--g
9. H. KITCHIN, :il, V!,,i@i. 8.1.9@
kEPA S. McCLAN.4N.
,'tE'Ei?A E. OBERSD@RF, Al L.,g@ 212 CITY HAL' B,/ILDI.VC
PA7 RICK L. STANDING. Al L.,g, MUNICIP@L CEN7ER
VIRGINIA BEACH. VIRCINIA :3436
RUTH HODGES SM17H, Cily Cll,k (804) 427-4303
CITY COUNCIL AGENDA
June 14, 1982
ITEM I INFO@IAL SESSION: 12:00 Noon
A. CALL TO ORDER - Mayor J. Henry McCoy, Jr.
B. ROLL CALL OF COUNCIL
C. 140TION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mavor.
2. Matters for discussion by Council.
E. CITY MANAGER@S ADMINISTRATIVE ITEMS:
1. Army Corps of E for Dredging Rudee
In'@et/Environmental Assessmeiit: Br4-efing by Mr. C.
Oral Lambert, Jr., Director of Public Works Department
.ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Father James Dorsan
Church of the Eoly Family
B. PLEDGE OF ALLEGli),NCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLI, CALL OF COLINCIL
Correction to Minui@s cf Ttine 7, 198@@, It--m i,'18211, to
r('!I',Ovo fl@-om Llie ,.idc)pt,:.i 11'eso'@iti-ton rt@c-@ fol.lovl,ir@g words:
"Tli(, l,a)7meiit I)c@ a.@ @;ct fortli ir, f'xliibit
'@A" llc!c(,to ,itil 1"',, rcfcrc@iicc-.'!
All matters Iis',-ed uiidcr the Consent A-,c@ne@a arc,. rc,,is'@eercd
iii tlie ordiii@iry of businc,,,@s 'L)y C7-[V COLITIC.']- and ivil.l.
be E-@nacted Ly iiiotion in @,)rf, Tli@re will be
no separale discussion of these i@-ems. If d'scd.,i@-,ion i-
c', e s
Ired, t@iat ilem will be rc@moved fro@,,,, t ic lor),;L@rt A@.,@nda
and considered separately.
1. Ordinance to Futborize tlie acquisition of pcrrianent
and temporarv ease,,neits for Ches-,pcakL, Be@ac'I/Pleasure
liouse Lake Drainage Project, either- by agreement.or
by coidemiiation.
2. Ordinance to amend and reordain Chanter 11, Article
XI, Division III of tlie Code of the City )f Virginia
Beach pertaining to the use of tow trkick service to
enforce parking restrictions on private property.
3. Ordinance, on FIRST READING, to accept grants total-
ing $60,025 from the Division of Justice and Crime
Prevention, and to appropriate these @@unds for certain
purposes.
4. Ordinance, on SECOI;D READING, to add a Section 35-11
to the Code of the City of Virginia Beach pertaining
to payment of administrative costs in collection of
delinquent taxes.
5. Ordinance, on SECODID READING, to amend and reordain
Chapter 5 of the Code of the City of Virginia Beach,
Virginia relating to animals and fowl by amending
Section 5-48 Subsection k'a) and adding Subsection (c)
thereto pertaining to tax imposed.
6. Ordinance, on SECOND READING, to amend and reordain
Chapter 5 of the Code of the City of Virginia Beac@i,
Virginia re]-ating to animals and fowl by adding
Subsection (4) to Section 5-49 thereto pertaining to
when tax due and payable.
F. PLANNING ITEMS
1. Applications of the h for Lh es
of zoning (Bayside Borough):
a. From B-2 Community-Business District to 1-1 Light
Indu.@ia Ditrict on certain property located
t@t e northwest corner of Burton Station Road
and Northampton Boulevard totaling 2.96 acres;
C. From 1-2 Heavv Industrial District to I-,'. Lipht
Indu,'@ria Di,3crict on cc,.rt--in property located
410 feet nort@o. liurtcn SLation Road total,ing
9,636-square feet.
recominendation of "',,c C,)Trmizsi.on
for
b. Ft:om C)-l 0,1@@ice. !)istrict to T-1 L-'@,ht
I.oca@ed oii th(, iic)itli
Statiior,, 2.7-5
r
f,,r @@i,
t C@)nt' t )
2 AppIication of ti, e Ci t@? if @@i f c)]. a
coT,,dition,i] Lise permi,,. f.-)r a
jLi@d on a 19,375-square foot pircel- lac@ited At
'Pavilion (Virgin'@a Beach Borough).
a. Letter fro7, the City '@@a@la@er traiiz;r,,its tlie
reco,@endation of the Planning Commisz;ion
for approval.
3. Application of Diamond st ChLl,- Ii
for a conditioi 1 use per7,iit for an existii@@
church and recreation bui@(iiLl@ 'kexpansion) on a
1.8-acre parcel locatid-along the north side of
Bayside Road, east of Diamond Springs Road
(Bayside Borough).
a. Letter froia the City Manager tran3miLs the
recommendation of the Planning Conmission
for approval.
4. Application of Michael Xvstrou and Gus Riganto
for a conditional use permit for a lot
on a 23,250-square foot parcel located at tbe
southeast corner of Atlantic Avenue and 24th
Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
5. Ordinance to amend and reordain Article 2,
Section 201(d) of tlie Comprehensive Zoning
Ordinance pertaining to requirements relatirg
to fences and walls (tennis courts).
a. Letter from the City Manager transmits tlie
recommendation of the Planning Commission
that Council adhere to its original action
taken on February 1, 1982.
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
1. Motion to ad.lourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 June 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday 14 June 1982
at 12:00 Noon.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McCianan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Absent:
W. H. Kitchin, III
ITEM #18298
Mayor McCoy 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. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys
pertaining to actual or potential litigation, or other
legal matters witiin the jurisdiction of the public
body.
- 2-
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 3 -
M A T T E R S B Y T H E M A Y 0 R
GREATER HAMPTON ROADS ORGANIZATION ITEM #18299
The Mayor advised Robert Schmidt, Greater Hampton Roads Organization,
was upset because Virginia Beach had omitted funding for the
Organization in the 1982-83 budget as the other Tidewater Cities
have done.
The Mayor advised the City has taken an "arms length approach" to
this matter and not funding the Organization or paying dues the
City has "become on record as not being supportive". In the 1981-82
budget the City funded $20,000 to GHRO.
Councilwoman McClanan advised that former City Manager George L.
Hanbury wrote a letter to GHRO requesting information as to
the utilization of funds and received no response from the
Organization.
The City Manager and Department of Economic Development are to study
this and make recommendations to Council. They were also requested
to obtain a Statement of Expenditure from GHRO.
TASK FORCE/PEMBROKE AREA ITEM #18300
The Mayor advised he discussed during the INFORMAL SESSION of 7 June
1982 the traffic situation around Pembroke Mall (Columbus Loop) and
further advised he appointed the following TASK FORCE to study the
area
TRANSPORTATION DISTRICT COMMISSION
James Echols
J. Curtis Payne
J. Henry McCoy, Jr., D.D.S.
CITY OF VIRGINIA BEACH
A. James DeBellis
Robert J. Scott
C. Oral Lambert
VIRGINIA BEACH CHAMBER OF COMMERCE
Robert Berry
William Center
PEMBROKE MALL AREA
Richard Oliveri
James Fletcher
PLANNING COMMISSION
Curtis Catron
Hassell Perrell
EIGEN PROPERTIES
Robert Eigen
- 4 -
CITIZENS COMMITTEE/RESOLUTION ITEM #18301
Mayor McCoy advised that the Resolution addressed by Councilwoman
Henley at the close of last week's meeting (7 June 1982) regarding
action of Portsmouth City Council to review local and federal
proposals "creating a citizens committee to study impact of state
and federal legislative actions on City Governments" should be
considered by this Council.
Mayor McCoy also advised this matter was discussed during the
Mayors Meeting whereby the Hampton Mayor suggested each City
appoint a Committee as the City of Hampton is doing. Each City
will appoint a Local Committee and one member of the Local
Committee will serve on a Regional Committee. Persons appointed
should be able to work with the General Assembly and Federal
Government.
ZONING MATTERS ITEM #18302
Mayor McCoy discussed with Council commercial zoning matters being a
tax benefit to the City and requested a cost/benefit analysis to in-
clude projected changes in the tax rate, water use, etc.
I N F 0 R M A L S E S S I 0 N
DREDGING/RUDEE INLES ITEM #18303
The City Manager advised on the Agenda is an Army Corps of Engineers
Report for Dredging Rudee Inlet/Environmental Assessment and further
advised that C. Oral Lambert, Director of Public Works, was present
to answer any questions Council may have.
Mr. Lambert advised that the Virginia Beach Erosion Commission, since
1962, has attempted to keep the Rudee Inlet channel open with only
limited success and the City has received numerous complaints from
charter fishing boat and commercial fishing boat captains because
of the dangerous navigation problems encountered at the Inlet.
The City of Virginia Beach, in early 1979, requested the Norfolk
District of the Army Corps of Engineers review the feasibility of
the Corps assuming the channel maintellance of Rudee Inlet. In May
of 1980 the Norfolk District notified the City they were surveying
the navigation requirements of Rudee Inlet and they planned to
request authority to prepare an interim report.
- 5 -
In December of 1981, the Division Engineer approved an interim report
on the navigational features of Rudee Inlet and in March of 1982, the
Norfolk District published the draft, Phase I General Design
Memorandum and Environmental Assessment for Rudee Inletland forwarded
it to the various Federal, State and Local Agencies for review and
comment.
On May 18, 1982, the Norfolk District published a notice of Public
Meeting to be held at the Virginia Beach Junior High School, June 22,
1982, at 7:30 p.m., concerning Rudee Inlet. The tentatively scheduled
plan would provide an entrance channel 10 feet deep and 110 feet wide
from the Atlantic Ocean into Rudee Inlet up to the existing old south
jetty adjacent to the pump house, thence 72 feet wide through the rest
of the Inlet.
The channel west of the Inlet would be 7 feet deep and 72 feet wide
from the entrance channel to the General Booth Boulevard bridge, in-
cluding a safety area just west of the entrance channel, 53 feet wide
under the bridge, 200 feet wide in a safety area just west of the bridge,
and 175 feet wide thereafter to the upper limit of the project in Lake
Rudee. The wood and steel sheet piling on the north bank of the entrance
channel would be replaced with new steel sheet piling and a sand fillet
on the updrift beach south of the weir would be removed.
The City's participation in this would be "first cost" only. The
total "first cost" would be approximately $1,448,000, of that the
City would pay 14.8% or $214,304 plus any right-of-way acquisition
(approximately $40,000) for a total of $254,304 for the City's
"total first cost".
The Corps of Engineers would maintain this system. The agreement
would be for a 50-year period of time at no cost to the City of
Virginia Beach.
Approximately $600,000 will be saved annually and there will be no
dredging in the area of the Marine Science Museum.
City Council recessed into the EXECUTIVE SESSION, (12:20 p.m.)
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 June 1982
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L.
Standing
Council Members Absent:
W. H. Kitchin, III
INVOCATION: Father James Begley
Church of the Holy Family
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN ERVIN VOICED A VERBAL "PRESENT"
- 7 -
M I N U T E S
ITEM II-D.1 ITEM #18304
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
7 June with a correction to ITEM #18211:
Item #18211 - paragraph 3 - The payment schedule shall
be as set forth in Exhibit "A" attached hereto and in-
corporated by reference as Option No. 6 of the Ci
Manager's recommendation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 8 -
R E S 0 L U T I 0 N
ITEM II-D.2 ITEM #18305
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to ADOPT the Resolution of Appreciation and present
same to:
REEVES E. JOHNSON, DIRECTOR
DEPARTMENT OF GENERAL SERVICES
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
This Resolution was added to the Agenda, after its distribution, to
honor Reeves E. Johnson on his 40th Anniversary of employment with
the City.
- 9 -
R E S 0 L U T I 0 N
The City Council, being the governing body of the City of
Virginia Beach, pauses today in its deliberation of public concerns
to pay tribute to a "man of many hats", a City employee whose dedi-
cation is untiring and who has rendered services in more capacities
than any other.
WHEREAS: Reeves E. Johnson was employed by the Town of
Virginia Beach June 15, 1942, and served in the Police Department
as Investigative/Identification Officer until September 1947 when
he attended the FBI Academy after which he was named Chief of Police.
In this capacity, he directed public safety and initiated traffic
engineering. In the merger which chartered the present City of
Virginia Beach January 1, 1963, he was appointed Chief of Bureau
Safety and Traffic Engineering. In his twenty-eighth year, he was
named Inspection Engineer. From 1972 to 1976, Reeves served as
Assistant to the Director of Community Services and on October 1,
1976 he was appointed Director of General Services, encompassing
safety, building construction/maintenance, landscaping, automotive
services, printing and mail distribution.
WHEREAS: In the course of our lives there are many persons
who attain fame and great wealth for the services they render their
fellowmen. Yet, there are many who render such services at great
personal sacrifice who are quiet and unassuming in their mode of life
and place more value on the comfort and well being of others than on
praise and monetary gain.
THEREFORE, BE IT RESOLVED: That on behalf of the citizens
of Virginia Beach, this City Council recognizes a dedicated, tireless
public servant and administrative department head who quietly exe-
cutes his duties in a manner of respect from his subordinates as well
as community folk--one who has time to listen, wisdom to ponder and
foresight to expedite the amenities we are enjoying--a real super
guy--the SAGE of Virginia Beach.
BE IT FURTHER RESOLVED: That the Virginia Beach City
Council publicly thanks Reeves E. Johnson for his continuing efforts and
the reputation which prompted this occasion; and, directs the Clerk
of Council to frame this Resolution for presentation with a copy
spread upon the record of this regular City Council session.
Given under my hand and seal this Fourteenth day of June,
Nineteen Hundred and Eighty-Two.
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
-10-
C 0 N S E N T A G E N D A
ITEM II-E ITEM #18306
Upon motion by Councilman Holland, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of
II-E.2 which will be voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
-11-
ITEM II-E.1 ITEM #18307
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to authorize the acquisition of permanent and
temporary easements for Chesapeake Beach/Pleasure House Lake Drainage
Project, either by agreernent or by condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
equeste(i b@, Public @!o),Ils
AN ORDINANCE TO AUTHORIZE THE ACOUISITION
OF PERMANENT AND TEMPORARY EASEMENTS FOR
CHESAIDEAKE BEACH/PLEASuRr liOUSE LAKE
DRAINAGE PROJECT, EITHER BY AGREEMENT OR
BY CONDEMNATION
WHEREAS, in the opinion of tlie Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project for public purposes for
the preservation of the safety, health, peace, good order,
convenience, and welfare of the people,, in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condeinnation pursuant to
Sections 15.1-236, et seg., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that certain real property for- permanent easements as shown
on the plans or plats entitled,,,Chesapeake Beach/Pleasure House
Lake Master Drainage Plan and Sheet Index,,-these plans or plats
being on file in the office of Real Estate, Department of Public
Works, Virginia Beach, Virgini'-a.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of June 1982
JAR/kg/re
@4@/82 DEPARTMENJ,
A
- 1 3-
ITEM II-E.3 ITEM #18308
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to accept Grants totaling $60,025
from the Division of Justice and Crime Prevention and to appropriate these
funds for certain purposes.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
1 4 -
AN OIM TO ACCEPT 'I'DTALMG
$60,025 I!@ THE DIVISION OF JUSTICE AND
C= PREVFN'TIC)N, -,\@'\TD -@O @PI-OPR=, 'NMSE
FU,IDS EUR PURM3ES
the City Council is interested in improving the Juvenile
Justice System within the City of Virginia Beach, and
WHERFAS, grants totaling $60,025 -@-rcn the Division of Justice and
Crime Prevention (DJCP) have been awarded to the City for this purpose, re-
quiring a local contributim of $4,172.
RE, BE IT ORDAUM BY THE COTJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That fwds totaling $60,025 frcrn the abcyve grants be accepted and that
these and a local ccntributim of $4,172 be apprcpriated for FY-83 as follcws:
Runaway Hotline Progran $ 25,035
Sierra II, Wilderness
Stress Prograin 39,162
Total Apprcpri-aticn $ 64,197
That the apprcpriations be financed by $60,025 estimated revenue frm
DJCP, with a local ccntribution of $4,172 transferred frm the General Fund
Balance, and
That me perscnnel positim be continued as currently authorized for
tlie Runaway Hotline Pr to be paid frcm the grant, with the @loyee class
to be detenTLined by the City @ger.
This ordinance shall be effective fran the date of adcptim.
Adopted by the CaLmcil of the City of Virginia Beach on the
day of 1982.
FIRST RFADING: June 14, 1982
SECOND @ING:
APPPOVED AS TO CONTENT
DEPARTMENT
TO FPRU,
f'NEY
- 1 5-
ITEM II-E.4 ITEM #18309
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to add a Section 35-11 to the
Code of the City of Virginia Beach pertaining to payment of
administrative costs in collection of delinquent taxes.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
1 6.-
0 T t@ T
r() THI-' C,-@D" C@- -T'T-17 C)- VI -Tj@
TO P'YME.'@@T OF
C--S@S jll COLT I--'CTION
DEII!@OU'-'@@T TAX'@-S
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRGINIA BEACH,
That the Code of the City o,- Virginia Beach is hereby
,amended by adding a Sec-,io.-I 35-11 liere"o as foll@ows:
Section 35-11. Pa vment of aoministrative costs in colleclion
The treasurer of the citv iSS hereby authorized to
imPose a fee to cover the administratille cr)st associated i,7ith the
collection of delinqueiit taxes. Such fee shall be in acldition to
al I penalties and interests, and shall be in the amount of ten
clollars ($10.00) for '@axes collected subseauent to the filino of
a warrant or taking Other adpr priate leqai acti on but pr;or to
judqrr-eiit, and in the amcul@t of fifteen ($15.00) for ta3les
collected subseauent to jtidam@nt.
This Ordinance shall become effective on July 1,
1982.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of
1982.
FIRST READING: Pa@'24, 1982
SECOND READING: june 14, 1982
MES/ih/re
4/30/82
5/19/82
(D)
- 1 7 -
ITEM II-E.5 ITEM #18310
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to amend and reordain Chapter
5 of the Code of the City of Virginia Beach, Virginia, relating to
animals and fowl by amending Section 5-48 Subsection (a) and adding
Subsection (c) thereto pertaining to tax imposed.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
AN ORDINANCI'L TO RED'RD.'T@l C!iApTrl 5
D F I-ITY Cl@
C -- ',0 T,,T l@
Vli-,,-Il@'YA R,'@LATING TO Al\'I@IALS Al@ll) ,Y
A@@lL@4DII@G SECTION 5-48 SUBSECTION (a) ALND
ADDII'@ S[IBSECTIO@N TO
TAX li,iPOSL-'D.
BE IT ORDAINED BY THE COUNI-IL OF THE CI7Y OF VIRGI141A
BRACH, VIR-I.T.NIA:
That Section 5-48 is amended and reordai-ned heteto as
follows:
Section 5-48. Tax Imposed.
(a) A license tax is hereby iipposed on dogs required to
be licensed under this article in the following amounts:
(i ) For each male dog, unneute'red ............ $ S-.09- 7.00
(2) For each female dog, unspayed ........... 5709 7.00
(3) For each male dog, neutered ............ 2.00
(4) For each femal& dog, spayed ........... 2.00
(5) Keiinel of -Live (5) to twenty (20) dogs +Sveo 2-:;.OO
(6) Kennel of twenty-one (21) or more ....... .25.rGG 35.00
(b) No license tax shall be levied under this sectioji on
any dog that is traihed and serves as a guide dog for a blind
per-son or that is trained and serves as a hearing dog for a deaf
or bearing-imparied person. For the purposes of this subsection,
a "hearing dog" is a dog trained to alert its owner, by toucli, to
sounds of danger and souhds to which the owner should respond.
(c) Any person who applies for a license tag for a
neutered or spayed esent, at the time of appliication,
certification from a licensed vetorinarian attesting to the
neutering or spaying of the doq. If such certification is not so
presented the dog shall be taxed the fee levi@ed on unneutered and
unspayed docis.
This Ordi-nince sha'l:be eftective thirty (30) da@rs
after the date of its adopt4
A@opted by the Council of the City of Vir@4n;-a Peach,
Virginia, on the day of
Al,
b!ES/re FIRST READI[IG: May 24, 1982
12/7/81
SECOI-ID READlt4G: uunp 1982
- 19-
ITEM II-E.6 ITEM #18311
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to amend and reordain Chapter
5 of the Code of the City of Vi rgini a Beach , Vi rgini a , rela ting to
animals and fowl by adding Subsection (4) to Section 5-49 thereto
pertaining to when tax due and payable.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
2 0 -
b'Y:
AN ORDIN,'@t-IC-- TO
OF TilE CODE OF THE CITY OP VIR'INIA BL@ACII,
NTIRGI@7-@A RELATTI:G To F'@), L L,
ADDIt@, (4) S!,:C" O';,,' 5-.,!-, u!.-
PERTAI@'T'
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-49 is amended and reordained b3, addinq
subsection (4) as follows:
Section 5-49. when tax due and payable.
The license@tax on doqs shall be duc,. Illd payable as
follows:
(1) On or before January first and not later thin
January thirtl,-fir--t of each year, the owner of any
dog six (6) months ol-d or olde.- shall pay such
tax.
(2) If a dog shall become six (U-) non'lhs of aqe or C-ouie
into the possess4-on or any person from Januarv
first through Octc)ber tlil'rt),-first o.C aiiy year, tlil'
license tax for the current calendal- year shal-l- be
paid forthwitl) by the owner.
(3) If a dog shall become six (6) months of age or come
into the possession of any person from Novemb r
e
first through December thirty-first of anylyear,
t.he license tax for the succeedina calendar yeat
r.hall be paid forthw-.'Ih by "he oener, aiicl sucl-,
licerse shall- protect such docr from "lie da-,e of
)3urchase.
.;CrsDf) ec,. ",)tcj tji@ citv
some C)t!1017
secti,:)n @I)i.rty (?.,)) @,lvs from tl,c c9,)v (-.r
Cit,.,, if -@iicti
to 1)". 1, c.i I
2 1 -
C)f i-,-s adoption.
Adc)ptc@Ci by tlie Council of tlic- City of virq-*4n4-a B--;Ich,
virqinia, on the dav of 1981.
MES/re
12/7/81
3/20-/'82
(A-1)
FIRST READING: 4La 1 98 2 CO'iT'li'qT
SECOND READI!NG: Juiie 14,.1982
T
APPROYED AS T FO!Zi%i
CITY AITO.@1-4EY
-2-
- 2 2 -
ITEM II-E.2 ITEM #18312
The following spoke in opposition:
Russell W. Chaplain
Ricky Pallette, East Coast Towing
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager*
and ADOPT the Ordinance to amend and reordain Chapter 21, Article XI,
Division III of the Code of the City of Virginia Beach pertaining to
the use of tow truck service to enforce parking restrictions on private
property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
The City Attorney was requested to add additional wording to protect
the property owner's "private property rights" and check with Chief
Wall as to any misunderstanding in interpreting this Ordinance.
*The City Manager advised "he had the privilege of meetingg with
the gentlemen last week and visited with him about some similar
complaints. Shortly thereafter I did speak with the Chief and
the Chief said he was taking what he felt like was the appropriate
action in the area with both his officers and with this particular
operator. So I feel like we are well on our way. The gentlemen
did admit that he did talk to the Chief and was very satisfied
23-
REQUESTED BY: CII-Y MANAGER/CIIIEF OF POLICE
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21,
ARTICLE XI, DIVISION III OF TSE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO THE USE OF
TOW TRUCK SERVICE TO ENFORCE PARKING
RESTRICTIONS ON PRIVATE PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 21, Article XI, Division III of the Code
of the City of Virginia Beach is hereby amended and reordained as
follows:
Section 21-419. Definitions.
Unless a different meaning is req.uired by the context,
the following terms, as used in this division, shall.have the
meaning hereinafter respectively ascribed to them:
Operator means any person operating a tow truck for a
tow truck service.
Tow truck service means a person engaqed in the
busijiess of providing the services of one or more wreckers for
hire or used to tow, transport or move motor vehicles on publ.ic
streets or on or from private property by way of public streets.
Tow truck service storage yard me
iiicluding the premises of any service station, upon which
vehicles are stored that have been towed from privately owned
lots or property at the request of the owner of such lot or
property and without the consent of the owner op the vehicle
towed.
Section 21-427. Requirements for storage yard.
(a) At the storage yard of each tow truck service,
there shall be a siqn prominently displayed specifying tow and
storage rates.
(b) If an attendant j,s not on duty ti@enty-four (24)
hours a day, seven (7) days a week, to returri @)'('-hicies upon tho
payment of towing aiid storage chirqes, the sigti provi.dE,(?@ for
subsection (a) hereof shall al.so contain a t(,Iephone number where
the owner, manaqer or attendant of tlie tow truck service storage
yard may be reached at anv time so that a towed vehic-Le may be
reclaimed by its oN@,n@r in L r,.-nirum @l@IOLIT"t Of t"
not, to exceed
two (2) li(.)ti.-s.
(c) Fal-h tcjw truck service storage yard shall provide
reasonable securi',,,, atid protection for all vehicles towed,
incltiding a fen ce enclosing the storaqe yard if an attendant or
security qijard is not on duty twenty-four (24) hours a day, seven
(7) days a week.
This Ordi.nance shall be effective on and after the date
of its adoption.
Adopted by the Coun@2il of tlie City of Virginia B-ach,
Virgini.a, oii the day of 19@.
tIES/'re
5/1 1 /'8 2
(B.2)
DEIAPTiAE@IT
t'S TCf r,(!
- 2 5-
P L A N N I N G A G E N D A
ITEM II-F.I.a.c.b ITEM #18313
CITY COUNCIL VOTED ON ITEMS II-F.l.a, II-F.l.c and II-F.l.b AS ONE
ITEM.
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CITY OF VIRGINIA BEACH
for Changes of Zoning District Classification from B-2 Community-
Business District to I-I Light Industrial District and from I-2
Heavy Industrial District to I-1 Light Industrial District;
AND, DENY the Change of Zoning District Classification from 0-1
Office District to 1-1 Light Industrial District.
ORDINANCE UPON APPLICATION OF THE CITY OF Z0682653
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-
BUSINESS DISTRICT TO I-1 LIGHT INDUSTRIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of the City of Virginia Beach for
a Change of Zoning District Classification from B-2 Community-
Business District to I-1 Light Industrial District oncertain
property located at the Northwest corner of Burton Station Road
and Northampton Boulevard, running a distance of 160 feet more
or less along the North side of Burton Station Road, running a
distance of 298.10 feet in a Northwesterly direction, running a
distance of 30 feet in a Southwesterly direction, running a
distance of 270 feet in a Northerly direction, running a distance
of 140 feet in a Northeasterly direction, running a distance of
420 feet in a Southeasterly direction, running a distance of 80
feet in a Southwesterly direction, running a distance of 280
feet in a Southeasterly direction, running a distance of 44.01
feet along the West side of Northampton Boulevard and running
around a curve in a Southwesterly direction a distance of 65.79
feet. Said parcel contains 2.96 acres more or less. BAYSIDE
BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of "he land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. The developer is to install standard right-of-way
improvements including pavement widening, curb and
gutter, sidewalk and stom drainage facilities along
Burton Station Road and Northampton Boulevard.
4. The developer is to provide an adequate drainage
outfall system with all necessary downstream easements
and improvements.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of June, 1982
- 2 6 -
ORDINANCE UPON APPLICATION OF THE CITY OF Z0682654
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM I-2 HEAVY
INDUSTRIAL DISTRICT TO I-1 LIGHT
INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of the City of Virginia Beach
for a Change of Zoning District Classification from 1-2
Heavy Industrial District to I-1 Light Industrial District
on certain property located 410 feet North of Burton Station
Road beginning at a point 700 feet more or less Northwest of
the intersection of Burton Station Road and Northampton
Boulevard, running a distance of 30 feet more or less in a
Northerly direction, running a distance of 170 feet more or
less in a Northeasterly direction, running a distance of
100 feet more or less in a Southeasterly direction and running
a distance of 130 feet more or less in a Southwesterly
direction. Said parcel contains 9,636 square feet more or
less. BAYSIDE 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. The developer is to install standard right-of-way
improvements including pavement widening, curb and
gutter, sidewalk and storm drainage facilities along
Burton Station Road and Northampton Boulevard.
4. The developer is to provide an adequate drainage
outfall system with all necessary downstream easements
and improvements.
5. The developer is to provide adequate access designed
according to City Standards connecting to an improved
public right-of-way.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of June, 1982