HomeMy WebLinkAboutJANUARY 25, 1982 MINUTES
C--
"'60FIL.D'S 11,ARf3EZT RESOFIT CITY"
C17Y COU.I;CIL
31@.yo.q 1. qE@Ry
VICE..@AYOR HAROLD HE15CqOBE:R, A, L@.,g,
JOHN A. B,IUM. b-@-g@
E. T. E!LCHIN.4,V. B----gh
F. REID ERVIN. A, L@,g,
BARBARA M. IIESLEI', P-9- B---gh
CLARENCE A. hOL,LA,@0. B-1--gh
'A'. H. KITCHI@V. Ill, "gill@ @-16 1- .
rE,9.i S. Pl:lllll 't@ll
,IIFYERA E. GC,6R.,LCIF, Ai L.,g@ 212 C:TY HAL@'. 2,-IL@; L
PATJZICK L. STAN.')IVG, A, L.,S@ IfUNICIP,tL
VIRGINIA BEACH, VIRGI,VIA :3Z@,;
RUTH HODGES ShilTil, Cil, Cilli (804) 427-1:03
CITY COUNCIL AG-ANCA
January 25, 1982
BRTEFTNG: 5:00 p.m.
A. Merrill Lynch White Weld Capital Markets Group
1. City's future financinz plaiis
INFORMAL SESSION: 5:30 D.m.
A. CAI,L TO ORDER -. Mayor J. c7enry @!cCov, Jr., D.D.S.
B. ROLL CALL OF COLMCIL
C. MOTION TO RECESS INTO INE@C)RMAL/EXECUT-,-VE -@ESSION
D. PRESENTATION/DISCUSSION OF PERTTNENT MATTE.PS
1. Matters for discussion b@ Mavor.
Matte-q for disciission b@j Council-.
3. Burton Station Cbanges of Zonin@: Discussion.
4. Resolutions ReRardin, T .... on Ceneral Sales
Tax and Repeal of Ceiling Imposed on Business License Taxes:
Discussion.
iii. FO@LKT, SESSION: 7:00 p.m.
A. INVOCATION: Reverend Ralph L. Kay
Glad Tidings Assembly of God
B. PLEDGE OF ALLEG"ANCE --O THE FLAG OF THE t@,'I-ED STATES OF @XERICA
C. ELECTRO'@qlC POl@'- CA'@L OF COTJNCII.
i'lli@UT@s OF i-IREvi.ous illl;p@-lll\(@:
1. Motion to accept,apl-rove the @'@ilutes of the Regtilar Meeting
of January 18, 1982.
2. Motion i:o acccl,)ti'approve tl)c, or tile Spe-cial Me e t *1 n)2,
of iiiiii-3ry 19, 11)82.
Yousin@ a!id Cora,,iurlit,
I L)evelo l)r., C, ,@ i- -ci Ccr-@it .,2
Ei-@.hth Program Year Applicat joii
'ESOLUTION"
1. Resolutions of Appreciation
a. Robert DeFord School Boar(i
b. Edward Caton School Board
c. Jane Purrington - Planning Colfmiss"on
2. Resolution in Memoriam
a. Police Officer Daniel T. Ma'@oney
3. General
a. Resolution requesting officials of tlie State Iligli,,,ay
Departme-,it to notify City Council prior to any highwav
funds being forfeited which could have been utilized
by Virginia Beach.
b. Resolution concerning the closing of the Virgittia Beac-h
Office of the Virginia Employment Commission.
C. Resolution requesting the General Assemblv to increase
the local option general sa]-es tax to 2%;
AND, Resolution to repeal tlie reiiing Imposed on busi.neqs
license taxes,effective Jaruary 1, 1983.
d. Resolution terminating the buffer zone requirement fo.-
the Water Oaks project.
C. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by tbe City Council and N4i-'-l .)e e-.acted b, c,-ie Marion
the form listed. There will be no separate disciission ol@ t@nese
items. If discussion is desired, that iteni will be re@.oved f-on
the Consent Agenda and considered separately.
1. Ordinance to authorize acquisition of property in fee simple
for right-of-way for Gracetown Neighborhood Improvenent PI-ans,
Virginia Beach Borough - Virginia Beach, Virginia, and -,he
acquisition of temporary and permanent easements of right-of-
way, either by agreement or by condemnation.
2. Ordinance to authorize acquisition of property in fee simple
for right-of-way for Princess Anne Road Project, Phase II
#0165-134-104, r/w 201 and the acquisition of temuorarv and
permanent easeinents of ri-.ht-of-@gay, either by agreei.,,ent or
by condemnation.
3. Resolution requesting offic4@-Is of thc Dcpai@-.-nent of
and Transportation to Proceed with the adpraisals and handl-
ing of reiocation and/or property TriaiiagectieliL assiSLatiCe fUl
Princess An.-lo Poad Procc-, !h--nc
4. Request of the Commissioner of the Revenue for license refunds
in the amount of $351.13.
5. request of tlie Ci-ty TrE-,asurer Ji.-i7 tax re@uiies 4-n the air.,DLinL c,@@
@634.09.
C, ill: i-,;,
6. B4iii,,i/rafflc,-
Midtoivn Kiwanis Club Bingo,/Y@affi-c
Hebrew AcadeLiv of Tide,4ater B4ngo/'raffle
Virginia Beach Youth AmateLir
Softball Association Bingo/Riffle
Temple Emanuel Bingo/Raffle
Aragona-Pembroke l,ittle Leagie Bingo/Raffle
Star of the Sea School Bitigo/Raffle
Kehillat Bet Hamidrash Syna@.ogue Bingo/Raffle
Fraternal Order of Police Bingo/Raffle
James K. Cole Marathon
Scholarship Fund, Ltd. Raffle
Chesapeake Bay Skating Club Bingo/Raffle
Plaza Junior High Booster Athletic
Parents' Association Raffle
7. Ordinance, on SECOND READING, to appropriate funds of $53,777
to enbance various pi.-ograms i.n the Department of Mental Ilealth.
8. Ordinance, on SECOND READING, to accept grants totaling $27,797
from the Division of Justice and Crime Prevention and to
appropriate these funds.
H. PLANNING ITEMS
1. Deferred Items
a. Application of Edna and Albert Gomez for a change of zoning
from AG-2 @@i ultural Distric to B-2 Conimunitv-iusic@ess
Dist l@ct on a 3.34-acre parcel located on the east side of
North Landing Road, south of Pr4.ncess Anne Road (Princess
Anne Borough.
This item was deferred for 30 days on December 21, 1981.
1. Letter from the City Manager translaits the recommendatioii
of the Plannin@. Commission for approval.
b. Petition of Mr. Richard 11. Kline for the closure of a 24-
foot unnamed right of way (Lynnhaven Borough).
This item was deferred for 30 days on December 21, 1981.
1. Letter from the City Manager transnits the recommendation
of the Planning Commission for approval.
2. New ltems
a. Appl-ication cf Affordable Hoires, Inc. for a change of zor-ing
from -0-1 Of,,7ic@ Do-'@st@irict: to B-2 ConLiiiu,lit-,T-Busir,,-ss Distr-'-ct
or@ @i 1.726-pcre parcel located at the northeast corner of
Holland Road and Chantry Drive (Princess Anne Borough).
1. Le'l-ter from tiie City Manager transmits tl)e recommendation
of the Planiiing Commission for approval.
2. Ne,@@
b. Appl'lca-,ioii o@ I)*@sti-i-Li,L,)r.3 C)f- @UinL.-.i fc)r a
cliz@l@C', L)i .@o@ill@ trom !@-6 i<esi(lent7iii I)istric.L to B-2
Coin:RUL, Di@,Lr"lct- oi, ii l."'OLI-acre parcel
i.c-lcaLe,l aloilg Lile tiortli side of Sliore Drive, easl of
Greeiiwell Road (Bayside Borough).
1. Letter froti. tne City @lanager transmits the recommendation
of the Plaiining Commission for approval.
C. Application of the Litl of inia Beach for changes of
zoni,ng:
1. From I-1 Light Indiistrial District to R-8 Residential
District on parcels located on the north and south
sides of Burton -,tation Road totaling 50.2 acres;
2. From I-2 Heavv Industrial District to R-8 R--sideritial
Dist l@ct -o-n certai.n property located 200 f.eet more or
less north of Burton Station totaling 1.3 acres;
3. From-B-2 Ccmmtinit@-Business District to R-8 Resident',al
District on parcels located on the south side of Burton
Statio,,i Read and north of Burton Station totaling 3.7
acres.
a. Letter from the City Manager transmits the recommendation
of tlie Planning ComTnission for approval.
d. Application of the Beach Department of General
Services for a cL@nLe , zonin from P-1 Preservation
District -.o I-1 i@1/2 t Industrial District on an li.44-acre
parcel located alolig the west side of General Boot',l Boulevard,
north of South Birdneck Road (Lvnnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
e. Application of the Virginia Beach Department of General
Services for a conditional use permit for outside @t=. e
(sand fencing, refuse barrels, and clay base material) on
an 11.44-acre parcel located along the west side of General
Booth Boulevard, north of South Birdneck Road (T,yr@nhaven
Borough).
1. Letter from the City Manager transmits the recomerdation
of the Planning Commission for approval.
f. Application of Harold and Williams Development Companv for
a.conditional use permit for 1 n@d fill on a 14.578-acre
parcel located at the nortbeast corner of Barrs Road and
Sandpit Road (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the PI-anning Commission for approval.
g. Application of Southland Corporation for a condi-tional use
permit for line E=- on a .866-acre parcel located at
the nortlieast corner of Newtown Road and Broad Meadows
2oul-evard (Bayside Borou@.1i).
1. Letter from the City Manager transmits the recaimnelida@ioii
of th-, Planniiig Coimnis3ion for deniztl.
h. Ordinance to amend and reordain Article 2, Section 201(d) of
the Conprehensive Zoning Crdinance pertaining to requiretrentq
rcl-ating to fences and wal.,--..
1. '@etter from the City Ilanager transmits the recoTnmelidatio-I
c,f tll@ Pl@ililillig Coiti,,.il@,r4-on for, @p@r v@al.
ORDLNAi"C!'.S
a. Deferred
1. ordiiiaiicc@ t@, z@tid recrdz@i@i Se@,tio,.i 5-11@ C)f th(, Co(e
-f th2 ,;,y @f Vir@,,:nia rella,iii@ @o
2. Ordinance to adopt a Section 5-17 of the Code of the
City of Virgin 4a Be@ich pertaini@ig to fpes for tlie
I
impoundment of animals generall.y.
3. Ordinance to amend aiid reordain Chapter 5 of the Code
of the City of Virgl@nii Beach, Virginia relating to
animal- aid foi-71 l@@, a,.r,--nding Sect-.i()T'. 5-41@' Sbsection
(a) and ariding SiibqectioTi (c) '.hereto pertaiiiing to
tax imposed.
4. Ordinance to amend and reordain Chapter 5 o,' the Code
of the City of Virginia Beach, Virginia relating to
a,iimals @,ind fowl by adding Subsection (4) to Section
5-49 thereto pertaining to when ta-x due and payable.
5. Ordinance to amend and reordain Section 5-71 of the
Code of the City o@' Virginia Beacil, Virginia relating
to disposition of unredeemed animals.
6. Ordinance to amend and reordain Chapter 5 of the Code
of the City of Virginia Beach, -,7irginia relating to
animals and fowl by adding Section 5-11.1 (a), (b),
(c) and (d) thereto pertaining to impoundment -
generally.
These items were deferred until today on January 11, 1982.
The City Ilanager recorrinends approval.
b. New
1. Ordinance to transfer funds of $50,000 within the
Department of Public Works to resurface the road
into the Landfill.
The City Manager reco=ends approval.
2. Ordinance to amend ChaDter 2 of the Code of the
City of Virginia Beach, Virginia adding to Article
IX a new Section 2-288 pertaining to stov-work
orders.
The City Manager reconmends approval.
3. Ordinance to amend and reordain Section 21-83
pertaining to duplicate or substitute plate or
decal when original lost, mutilated, etc. and
Section 21-84 pertaining to duplicate decal for
substitute vehicle.
The City Manager reco=ends approval.
J. UNFINISHED BUSINESS
K. NEII BUSliNESS
1. Applicaticn of Melvin D. and Olivia A. Ulrey, 1864 Indian
River Foad, Vi-,ginia Beach, Virginia (4-n accordance with
Chapt,--r 10, Ai7t'cle 1, Section 19-19 of the Code of tle
City of Virginizi Beach), for a I'REE-Sl'.kNI)ING MOBILE 110@ll"
for @i two (2) yo@,ir l,el-lod.
@t. B@iN, Salt: W,-it-er Cn=iR.,Ion
2. @iiii4zitiin Board of Apl)cals
3. Tid@later SL@ICII-ut.,i Ajtliot@Ll,
M. ADJOUWIENT
1. Motioii to adjourn.
THE MAYOR'S ORIGINAL SIGNATURE FOR THE
MINUTES IS IN OUR BOUND MINUTE BOOKS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 January 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, 25 January
1982, at Five o'clock in the evening.
Council Members Present:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
John A. Baum*, Clarence A. Holland, M.D., and
Patrick L. Standing
ITEM #17677
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 valye of property owned or
desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
- 2-
Upon motion by Councilman Buchanan, seconded by Councilwoman Oberndorf,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting : 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum*, Clarence A. Holland, M.D., and
Patrick L. Standing
*COUNCILMAN BAUM ENTERED MEETING AT 5:43 p.m.
- 3-
MERRIL LYNCH WHITE WELD CAPITAL MARKETS GROUP
ITEM #17678
Mayor McCoy introduced Cheryl E. Jones, Vice President Municipal
Finance, Merrill Lynch White Weld Capital Markets Group.
Miss Jones introduced N. Steven Smith, Manager, Virginia Beach
Office, who advised Merrill Lynch would be interested in
participating in the City's forthcoming bond issue.
Edward T. Swanton, Vice President-Manager, National Municipal
Underwriting Department, spoke concerning this matter.
M A T T E R S B Y T H E M A Y 0 R
CHAMBER OF COMMERCE ITEM #17679
Mayor McCoy made reference to a letter received from the Virginia
Beach Chamber of Commerce regarding the study on a proposed
Virginia Beach Redevelopment Housing Authority.
UTILIZATION OF BUILDINGS ITEM #17680
Mayor McCoy made reference to a letter received from Mrs. Anne Radcliff
requesting utilization of empty buildings as shelter when homes do not
have heat, etc.
The City Manager is to study this matter and report his findings back
to Council.
DRUNK DRIVERS ITEM #17681
Mayor McCoy made reference to a letter received from Senator A. Joseph
Canada regarding Senate Bill 144, Drunk Driving Bill.
Senata Canada requested Council adopt a Resolution in support of Senate
Bi I 1 1 44.
- 4-
SURCHARGE TO TRUCKS ITEM #17682
Mayor McCoy made reference to a letter received from Senator Ray L.
Garland advising he will introduce a Bill in the Senate to increase
the surcharge on motor fuel paid by trucks having more than two
a x 1 e s .
AIRPORT ENVIRONMENTAL AD HOC ITEM #17683
COMMITTEE
Mayor McCoy made reference to a letter from Kenneth R. Scott, Executive
Director of the Norfolk Port and Industrial Authority, requesting
Council appoint three (3) persons to the AIRPORT ENVIRONMENTAL AD HOC
COMMITTEE which will address the problems of the Norfolk International
Ai rport .
With Council's concurrence, Mayor McCoy appointed:
Councilman John A. Baum
Councilwoman Meyera E. Oberndorf
Jack Whitney, Planning Department (Ex-Officio)
APPOMATTOX RIVER WATER AUTHORITY ITEM #17684
Mayor McCoy made reference to a letter to Mr. Richard D. Hartman,
General Manager, Appomattox River Water Authority reaffirming to the
Authority the commitment made by the City of Virginia Beach to pursue
membership in the Authority, with Mr. Hanbury being the chief
negotiator in this matter.
M A T T E R S B Y C 0 U N C I L M E M B E R S
MODEL PROCUREMENT ORDINANCE ITEM #17685
Councilwoman McClanan made reference to a letter from the City Attorney
concerning proposed Purchasing Ordinances:
Ordinance establishing certain procedures
and policies for the City of Virginia
Beach, Virginia, relating to purchasing
and disposal of surplus property
Ordinance to amend and reordain Chapter 2
of the City Code by adding thereto Article
XIX, establ i shing a di vision of City
purchasing and the supervision and implement-
ation thereof.
- 5-
VIDEO GAMES ITEM #17686
Councilwoman McClanan presented to Council an article concerning
video games, and requested the City Attorney to study the Ordinances
governing video games more completely.
RESOLUTION/TAXATION ITEM #17687
Councilwoman Oberndorf made reference to a letter on the Formal Agenda
from the City Manager concerning a recent meeting of the Mayors of all
Tidewater Cities agreeing that each City should take a position on two
major issues: General Assembly to increase the local option general
sales tax to 2%; and, the ceiling imposed on business license taxes,
effective January 1, 1983, being repealed.
The City Manager advised Council this matter was on the INFORMAL
AGENDA for discussion.
I N F 0 R M A L S E S S I 0 N
BURTON STATION ITEM #17688
The City Attorney advised there are certain items pertaining to Burton
Station which qualify for discussion in EXECUTIVE SESSION.
RESOLUT ESS LICENSE ITEM #17689
The City Manager advised on the Formal Agenda are two Resolutions
concerning an increase in Local Option General Sales Tax and repeal
of Ceiling imposed on Business License Taxes.
The City Manager advised if the General Assembly had granted this
City's request for an increase in the sales tax the City would not
have had to increase the Restaurant Tax, Real Estate Tax, Admissions
Tax, etc.
- 6-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 January 1982
7:25 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin*, Clarence A. Holland, M.D., and
Patrick L. Standing
INVOCATION: Reverend Ralph L. Kay
Lilad Tidings Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN ERVIN ENTERED MEETING AT 7:28 p.m.
- 7 -
M I N U T E S
ITEM II-D.1/2 ITEM #17690
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
January 18, 1982, as corrected; and, the Minutes of the Special Meeting
of January 19, 1982, as submitted.
ITEM #17655 - ...ADOPT the Ordinance upon application
of Robert W. Waddell for the closure of portions of
Ke l lam Road and Sou th Boul e vard , in the Kempsvi I le
Borough. This Ordinance is for the appointment of
Vi ewers .
ITEM #17656 - ...ADOPT the Ordinance upon application of
Eunice E. Payne, W R. Payne, Jr., Mary Payne Edwards and
Wesley D. Payne for the closure of a portion of right-of-
way, in the Lynnhaven Borough, entitled "Plat of Property
to be Acquired for Lynnhaven Parkway, Phase II, from W. R.
Payne, Jr." This Ordinance is for the appointment of
Vi ewers .
Voti ng 9-0
Council Members Voting Aye:
John A. Baum E. T. Buchanan, F. Reid Ervin. Vice Mayor
Harold HeiscAober, Barbara M. Henley, W. H.-Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L. Standing
- 8-
P U B L I C H E A R I N G
ITEM II-E.1 ITEM #17691
Reverend Barnett Thourogood, Chairman of the Citizens Advisory
Committee, spoke on the Public Hearing regarding the Eighth
Program Year Application and Housing Assistance Plan.
There being no other speakers, the Mayor declared the Public Hearing
closed.
R E S 0 L U T I 0 N S 0 F A P P R E C I A T I 0 N
ITEM II-Fla/b/c ITEM #17692
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to ADOPT the Resolutions of Appreciation and present
same to:
Robert De Ford, Scho o 1 Boa rd
(1966-1981)
Edward T. Caton , III, School Boa rd
(1972-1981)
Jane Purrington, Planning Commission
(1973-1981)
Voti ng 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S,, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
9-
PESOL'@','ION OF AP@@ECIATION
TO
ROBERT DEFORD
WHER.IAS, Robe&t DeFotd, setved as a membe)L 06 the SchooZ
Boa.kd 6Aom June 1 966 to Decer?lbe,.L i 981 ;
WHEREAS, Robekt DeFoA.d, setved wittingty and untitingfy
in behat6 o6 the City o6 Vitginia Beach;
WHEREAS, hiz dedication and unzett'i,5h 6etvice invoeved
pe,%,sojiat 5ac@i6ices and inconklen.@ences; and,
WHEREAS, we t)Lu,5t hc teae-ized satis6action in zucceaz iup-.ey
adniiiii,5te4ing in his advisoky capacity not onCy to City Councit, but
to the citizenz o6 this @a6t gilowing mettopotiz.
NOW, THEREFORE, BE IT RESOLVED: That the Viiginia Beach Ci-ty
Couiicit. tecognizes this tecotd o6 6i6teen [151 yeats o6 distinguished betvice
bti pctbticty exp)t,essing its sinceile g@atitude 6o)L hiz contlibution 06 time,
eiie)Lgy oizd intef-,Eect.
BE IT FURTHER RESOLVED: That thi4 Re6o?ution o6 Appteciation
be made a patt o4 the ptoceedingz o6 the Fo)unat Session 06 CitY COLLfic"@f-
thi/, 25tli*day o6 Januaty, 1982, in the City o6 Vitginia Beach, Vitciinia.
Given undea my hand and zeat.
Mayo,t
City o6 Vitginia Beach
@Mr. Del-ord's or-lainal Resolutioti is dated the Ilth of 3anuary; iiowevet,.
,due to a previou,l ccmlitment Mr. DeFord was unable to attend the Counc4l
rrieetiiig of that date.
-10-
RESOLUTION OF APPRECIATION
TO
EDWARD 7-. CATON, IIT
WHEREAS, Edwa)Ld T. Caton, 111, 6ekved a6 a rriembe)L n4 the ScliooE
Boatd @,tom Decembet 1 9'@2 to Dece@nb('-il 1981;
WHEREAS, EdwaAd T. Caton, 11@l, 4eAved witt@;igty akid untiaingiy
in behati o6 the City oi Vitginia Beach;
WHEREAS, his dedication and un6etii4h zetvice invozved
pet,sonat sacti6ice,5 and inconvenA'ences; and,
WHEREAS, we ttust he teal@Lized satis4actioki in succes,56ttf-ty
admini6te,ting in hiA advi6oAy capacity ilot onfy to City Councip-, bu-L
to the citizens o6 thiz 4azt gtowing met@opoti6.
NOW, THEREFORE, BE IT RESO[-VED: That the Vikginia Be-ach City
Councit ,Lecogkzizes this &ecotd o6 nine [91 yea4,s o6 distinaui,5hed setvice
by puby-icty expxez6ing it6 zince/Le gaat@.tude jot his con.tt@bu@-iopt C)6 ",@i)ie,
eneAgy and intettect.
BE IT FURTHER RESOLVED: That this RezoZutioii o6 App4eciation
be made a paat oi the p4oceedingz o6 the Fo,%mat Sezsion oi City Counc,@Z
thi6 25th day o6 Januaty, 1982, in the City o4 VikgiKia Beach, Vixginia.
Given undea my haiid and seaz.
Mayo,t
City o6 V,i-kginia Beach
RESOLUTJON OF APPRECIATION
TO
JANE PURRINGTON
WHEREAS, Jane Pat@ington, sekved a4 a membe4 o@, the PtaKAik@g
Commi,s,sion 6@om Decembe)L 1973 to Decembe)t 1 981 ;
WHEREAS, Jane PuA&ington, zetved wif-,eingty and untitingEy
in behat6 o6 the City oi Viiginia Beach;
WHEREAS, he)t dedication and unzeZ@iSIL se4vice invoEved
pe,tsoraf 4acti6icez and inconvenience's; and,
WHEREAS, we ttuzt she teaeized sati,56action iii succez,56uzty
administe,ting iii lte@ advisoty capacity not onEy to City Cou@lciy-, but
to the citizekiz o6 ttlis ia,5t g,%owikig mettopotiS.
NOW, THEREFORE, BE IT RESOLVED: That the Vi)Lginia Beach City
Councit tecognize4 this tecoad o@ eigti,t [81 yeats o6 distinguished setvice
by pubticty expaessing itA zincete gaatitude b'o,,L het conttibutioit o6 time,
ene&ay and intettect.
BE IF FURTHER RESOLVED: That this Resotution o6 App,,eciatioii
be made a pa4t o6 the ptoceedings o6 the Fotmat Sezsion o6 City Cou@icit
thiz 25th day oi Janua4y, 1982, in the City o4 Vitginia Beach, Vipginia.
Given unde& my hand and .6eat.
Mayo,%
City o6 Vitginia Beach
- 1 2 -
R E S 0 L U T I 0 N S
ITEM II-F-3-a ITEM #17693
Upon motion by Councilman Buchanan, seconded by Mayor McCoy, to uphold
the recommendation of the City Manager and ADOPT the Resolution
requesting officials of the State Highway Department to notify Council
prior to any highway funds being forfeited which could have been
utilized by Virginia Beach.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
1 3-
R E S 0 L U T I 0 N
WHEREAS, we have been notified that the State of
Virgiiiia may be unable ',-o provide the 20% State iliatch required
to dr@d down federal highway funds; and
WHEREAS, the State mav be forced to forfeit tliese
federal aid funds; and
WHEREAS, several Virginia Beach road projects would be
jeopardized by such action; and
WHEPEAS, the City of Virginia Beach is already financi.ng
100% construction of several road projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, that in the event the State may
be likely to forfeit any federal road funds, the City of Virginia
Beach be given the opportunity to appropriate the State and local
match and draw down the federal funds for a local project.
Adopted by the Council of the City of Virginia Beach,
Virginia, oti the day of January, 1982.
- 1 4-
ITEM II-F.3.b ITEM #17694
Upon motion by Councilwoman Oberndorf*, seconded by Councilwoman HenleY,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution urging the Commonwealth of Virginia to attempt to
secure funds that would allow for the reopening of the Virginia Beach
branch of the Virginia Employment Commission.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.B.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
*The Planning District Commission also is expressing their concerns
over the closure of the offices.
RESOLUTION CONCERNING THE CLOI-ING OF THE
VIRGINIA BEACI' OR-FICE OF T'IE
VIRGINIA EMPLOYMENT CO@@IISSION
WHEREAS, the City Council of the City of Virginia
Beach recognizes that loss of Federal Labor Department funds
has necessitated the closing of various Virginia Eriplol-,nent
Commission offices; and
WHEREAS, the Virgini.a Beach branch office is one of
those that has been closed; and
WHEREAS, the closest Virginia Emplovment Comaission branch
office will be in the City of Norfolk; and
WHEREAS, Virginia Beach residents in need of the
services of this office will fi.nd it difficult to secure them;
NOW, THE.REFORE, BE IT RESOLVED THKT T'rlE CITY COUTICIL OF
THE CITY OF VIRGINIA BEACH, VTRGINIA, urges the Commonwealth of
Virginia to attempt to secure funds that would allow for the
reopening o,4 the Virginia Beach branch office.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of JLanuary, 1982.
- 1 6-
ITEM II-F.3.c ITEM #17695
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution requesting the Virginia General Assembly to
amend the Code of Virginia to allow localities to levy a general
retail sales tax at the rate of two percent to provide revenue for
the general funds.
Voting: 8-1
Council Members Voting Aye:
John A. BaLn, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
F. Reid Ervin
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
R E S 0 1, U T I 0 N
WHEREA.S, equity and fairness in mun4-cl,pal tax levies
are dependent upon the variety of revenue sources available
to a city; and
WHEREAS, the Virgin,-a General Assembly allows localities
a myriad of categorical taxes but only the real estate tax as the
major source of local revenue; and
WHEREAS, the Virginia Beach City Council, in order to
balance its 1981-82 operating budget, had to spread tax increases
among most of its tax sources; and
WHEREAS, the General Assembly must allow localities
more flexibility in raising local revenues;
NOW, THEREFORE, BE IT RESOLVED BY TH-- COUNCIL OF TIJE CITY
OF VIRGINIA BEACH, VIRGINIA, that the Virginia General Assembly is
urged to amend the Code of Virginia to allow localities to levy
a general retail sales tax at the rate of two percent to provide
revenue for the general fund.
Adopted by the Council of the City ol- Virginia Beach,
Vit'ginia, on the wenty-Fi @h day of Janua 1982.
-1 ry
- 1 8-
ITEM II-3-c-a ITEM #17696
Bill Center, Executive Director, Virginia Beach Chamber of Commerce,
requesting a deferral on the proposed Resolution to permit the
business community an opportunity to study the proposal.
Ted Carr, Member-Board of Directors, Tidewater Board of Realtors,
requesting a deferral.
Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan,
City Council voted to DENY the Resolution requesting the General
Assembly to repeal the ceiling imposed on local license taxes as
provided in Section 58-266.lC of the Code of Virginia.
Voti ng :9- 0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
-1 9-
R B S 0 L U T I 0 N
WHEREAS, the 1978 General Assembly amended
Section 58-266.1 of the Code of Virginia, con--erning local
license taxes, which placed a ceiling on the amount of increase
in revenues a locality may experience prior to conforming with
the ceiling imposed by the Code beginning January 1, 1983; and
WHEREAS, business license tax revenues in virginia
Beach are increasing at the rate of approximately $750,000 annually;
and
WHEREAS, undel- this ceiling, the growth rate for license
tax revenues cannot exceed one-third of the current growth rate;
and
WHEREAS, Vi-rginia Beach could lose as much as $600,000
annually from projected growth in business license tax revenues
as a result of this ceiling;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE.
CITY OF VIRGINIA BEACH, VIRGINIA, that the General Asselpbly is
hereby requested to repeal the ceiling imposed on local license
taxes as provided in Section 58-266.lC of the Code of Virgini-a.
DENIED by the Council of the City of Virginia Beach,
Virgiy)ia, on the TweLt_X-Fifth day of January, 1982
- 20 -
ITEM II-F.3.d ITEM #17697
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER UNTIL FEBRUARY 8, 1982 the Resolution
terminating the buffer zone requirement for the Water Oaks Project.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L. Standing
- 2 1 -
C 0 N S E N T A G E N D A
ITEM II-G.1 ITEM #17698
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize acquisition of property in fee
simple for right-of-way for Gracetown Neighborhood Improvement Plans,
Virginia Beach Borough - Virginia Beach, Virginia, and the acquisition
of temporary and permanent easements of right-of-way, either by
agreement or by condemnation.
Voting : 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
- 2 2 -
Requested by: Cit,,,-, ManagQr,'P,@bl'Ic l@orks
AN ORDTNANCC TO AUTH@-IRIZ"- A"QUISTTION OF PRCPERTY
IN E'F,E SLMPLE RII-iii' OF' WAY FOR GRACEI'OWN
NEIGHBORHOOD IMPROVEMENT PLANS VIRGINIA BEACH
BOROUGH - VIRGINIA 13EACH, 1.7ji?'GINIA AND THE
IST
ACQU @-IION CF TEMPORPRY AND PERMAT;ENT EASEMENTS
OF RIGHT OF WAY, EITIIER BY AGREEMENT OR BY
CONDE@INATION.
WHEREAS, in the odinion of the Council of the City of
Virgiiiia Beach, Virginia, a publil- necessity exists for the
construction of this 4@mportant roadway to provide transportation
and for other public purposes for tlie preservation of the safety,
health, peace, good orde@-, comfort, conveni,ence, morale and for
the welfare of the people in the City of Virginia Beacli:
NOW, TfiP-REFORE, BS 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 condemnat-'@on pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee siinple, including temporary and
permanent easenients of right of wa,,, as shown on the plans
entitled, GRACETOWI.1 NEIGHBORHOOD IMPROVEMENT PLANS VIRGINIA BEACH
BOROU(;H - VIRGINIA BEA CH, VIRGINIA, these plans being on file in
the Office of Real Estate Del)artment of Public Works, Virginia
Beach, Vi-rginia.
-Oection 2. That the City Attorney is hereby authorized
to make or cause to be made in bel)alf of the City of Virgillia
Beach, to the extent that funds are available, a reasonabl.e 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 t@iis ordi@@iance shal.1 be in force and effect froiii the
date of its adopt'@011.
Adopted by the Couiici.1 of the City of Virginia Beach,
Virginia, on thE@ 25 d@.y of IanLiary____ 19,82
DS!i/i-@,
11/30/31
(9)
- 2 3 -
ITEM I I-G. 2 ITEM #17699
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize acquisition of property in fee
simple for right-of-way for Princess Anne Road Project, Phase II,
#0165-134-104, r/w 201 and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or by condemnation.
Voti ng : 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
2@l-
AN ORDINANCE TO AUTHO@kl@.@ OF
PROPERTY IN FEE ST@MPLE FOR RI--IIT OP' V;AY
FOR PRINCESS ANNE ROAD PROJECT, PHASE II
tOI65-134-104, P,/@v 20" AND T"IE
ACQUISITION OF TEMPORARY AND PERMANENT
EASE@IENTS OF RIGHT OF WAY, EITI]ER BY
AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virgini-a, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare o-F the people in the City of Vi,-ginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Ci'l-y Attorney is hereby authori-zed
and directed to acquire by purchase or condemnation pursuant to
Sections '.5.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simpl,e, including temporary and
permanent easements of right of way as shown on the plans
entitled, "PLAN AND PROFILE OF PROPOSC.D STATE HIGHWAY, CITY OF
VIRGINIA BEACII, FROM: INT. EDWIN DRIVE TO 0.095 MI. EAST INT.
WINDSOR OAKS BLVD." these plans being on file in the Office of
Real Estate Dcpa--tm--nl. c.@ Public @4orks, V4rginia Beacla,
Virginia.
Section 2. That tlie City Attorney is hereby a-uthorized
to inake 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 liaving an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
procecdings to conder.-.n sa-'@d 7)roperty.
Section 3. -,bat an e;-aergency is hereby declared to
exis@@- end thi-s ordi.,-,aice be iii foi:ce and cffect froin the
date of its adoption.
Ado,)ted by th-- Council of the Citv ot' Virainia Boacli.
Virginia, on @'he 25 cl@ly of dittlary 10, 82
JAR/kg/re
- 2 5-
ITEM II-G.3 ITEM #17700
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution requesting officials of the Department of
Highways and Transportation to proceed with the appraisals and
handling of relocation and/or property management assistance for
Princess Anne Road Project, Phase II.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, Ill,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
- L' 6-
Tiie tegular i,,ieetin,@ c,@ --h(,. (-'oun-i--. --41: @kc ",@y
Virgi.nia Beach, Virginia, was he"d iii -,he CCuncil Cliail)L)ers, of
the Administration Btli.lding, of the City of Virginia Beach on
January 2 5 , 19 8 2.
On motion by Vice Mayor Heiscfiober and seconded
by Counci-iwoniaii Henl@y-- the following IZesolution was
adopted.
R E S 0 1- U T I 0 N
WHEREAS, an ordinance adopted by the Council of the
City of Virginia Beach, Virginia on authorized
the acquisition of property in fee simple for right-of-way for
Princess Anne Poad Project, Phase II; and
WHEREAS, the Virginia Department of Highways and
Tran.sportatioii will undertake to appraise the necessary
rights-of-way and haiidle relocation assistance and/or property
management assistance for the aforesaid project upon authori-ty to
do so from the City of Virginia Beach;
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Virginia Beach hereby requests the Virginia
Depai7tment of Highways and Transportation to appraise the
rights-of-way for Princess Anne Road Project, Phase II
fOl65-134-104, R/W 201, and to liandle relocation assistance
and/or propertv manage,@en" assistance for the aforesaid project.
JAR/kg/re
1/14/82
(RES)
C!
- 2 7 -
ITEM II-G.4 ITEM #17701
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
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 $351-13.
Voting : 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
AN
OF l'iif Rr-,VENUE
BE -IT ORDAII@ED i3Y THE' CCUNCTT, 6P T Iz F, CITK OF VI.RI-114IA BEACII, VIRGI- IA:
That the fol@lonqing applications fOr license ul3on ce,.Ltification
()f tl,,e Co@iLmissioner of tlie ReN,cnl-lc ,,re
ICENSE
NA-T,!E YEAR PAID B A S.Fl, P)-NALTY IN].'. TOTAI,
Si.viter Asso,--j.ates, Inc.
568 Chapel Lake Dr.., @101
Virginia Beach, Va. 23455 80.98
Pioneer Va. Beach Inc.
3500 Va. Beach Blvd. Ste. 303
Va. Beach, Va. 23452 270.15
Cc@rtified as tO Pa@lillent-.
i-V
CC)@lL'!',iSsioror of R'C-@vcnue
Approved a,.3 to forin:
on
y
Tlle above abatement.(.-) totaling $ 351.13 were approved by the
ouncil of tlle Cit'-l Of Virginia Beac-h on the 2 5day of Januarv
9 82
Cl.ei-k
- 2 9-
ITEM I I-G. 5 ITEM #17702
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
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 $634-09.
Voti ng 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L. Standing
30 -
A@1 0,@l)!@ 1 ,l 17 !:11 @l 7'@@l-
UP3@\1
At,' D UPO t,,' CE", C)F -t @i@- TI ',EASUR=-R
FOR PAY,@/,.PNT
i3E IT ORDAI@@',--D BY T@!E COUNCII- OF THE.C-;I'( OF @'IRGINIA BEACH, VIRGINIA:
That the folio1/2ving applications ',or tax refu-ti-ds-u'pori ccrtific@ition of the Treasurer are hereby ipplo\,ed:
NA@IE x I -P' l@ic.@rot E xono. F,- D i,e Penalty I i@t. otal
car of 'Tax t@ '
Ullibcr tion tio. Paid
pco Pembroke Associates 82 RE(1/2) 23496-4 12/2/81 281.23
oy @l 8L t;iary A Brooks 82 RE(1/2) 01649-9 11/12/81 25.92
t,@el R Kesler e-'@als 79 RE(1/2) 37265-8 12/5/78 8.00
@@el R vesl--r etals 79 RE(2/2) 37265-8 6/5/79 8.00
4-hel i@ Kes"er etals 80 RE(1/2) 3470-)-2 12/5/79 7.40
L@.E!l R Kesler, etals 80 RE(2/2) 34703-2 5/27/80 7.40
the', P. Keslei- etals 81 PE(1/2) 4i833-9 12/5/80 6.70
l@'B t@',ortgicie Corpo,-ation 82 RE (.1 /2) 46680-1 11/18/81 134.84
t@lorilgage Co@,poration 82 RE(1/2) 466'0'1-0 11/18/81 134.84
eantiette Ilouk 81 pp 140566 11/10/81 19.7G
Total 634.09
D"
L
slial! b,, cifect've froii datc of ad3ption.
t;le Crol-icil c,,,' t@ic, City of Virgi;l@la
Peach oti lhe@-day rf-.,!,anuar-Y.
(;ity IIt
- 31 -
ITEM II-G.6 ITEM #17703
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bingo/Raffle Permits:
Midtown Kiwanis Club Bingo/Raffle
Hebrew Academy of Tidewater Bingo/Raffle
Virginia Beach Youth Amateur Softball
Association Bingo/Raffle
Temple Emanuel Bingo/Raffle
Aragona-Pembroke Little League Bingo/Raffle
Star of the Sea School Bingo/Raffle
Kehillat Bet Hamidrash Synagogue Bingo/Raffle
Fraternal Order of Police Bingo/Raffle
James K. Cole Marathon Scholarship
Fund, Ltd. Raffle
Chesapeake Bay Skating Club Bingo/Raffle
Plaza Junior High Booster Athletic
Parents' Association Raffle
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCOY, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
- 3 2 -
ITEM II-G.7 ITEM #17704
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the OrdinAnce to appropriate funds of
$53,777 to enhance various programs in the Department of Mental Health.
Voti ng :9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McCl anan, Mayor J. Henry McCoy, Jr., D. D. S. , and
Meyera E. Oberndorf
Council Members Voting Nay:
No ne
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
@N O@RDr@T@ TO ,-DPIIK)Pizl-,,@f 'l-,s
O@' $53,777 TO @@'-E
@'NTAT. HF-UTH
V,IIIEr@, there is a nee)d for varigis ca-rC@re',ac,,isi-Ve meital health
servi-ces, many of which were reduced by f@orii f-undina cutbacks, and
funds are availabl-- due t-o incrm@-s iri fee revenues and
additional funding frcni state substance abuse revenues, aiid
WHERFAS, no local funding is requireJ.
lUvq, TI@RE, BE IT ORDA=D B7Z 'ITIE COUNCIL 0,F -@- CITY OF
VIRGLNIA @H, VYRGEIIA:
That funds of $53,777 be appropriated as follcws to the Depart-
ment of Me-ntal Pealt-li for th-- foll@viing progr@@:
Volunteers of Arp-rica indepe,-ident I,-ving f-@icilitv $14,443
Elderly ResT)ite care Pr@ram 3,438
C@rehensive Yiental Heal-th services out@tient unit 2,431
,Nlental Retardation respite program 4,900
Ccniprehensi-ve Subst--ice Abuse prograT, 28,565
Total Appropriation $53,777
BE IT F=Ea ORDA= thall- the appropriations be financed by
$25,212 in estim-a@ revenues frcrri fees and $28,565 in state substance
abuse revenues.
F-TRST @T)TNG. 18 january 1982
SE)COND PFADIN--: 25 January 19P2
Adopted by the CoLuicil of ttie City of Virgiti,*-a BE@ach on the 25
day of January 1982.
- 34-
ITEM II-G.8 ITEM #17705
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to accept grants totaling
$28,797*from the Division of Justice and Crime Prevention and to
appropriate these funds.
Voti ng : 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McC]anan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
*Error in Agenda ($27,797)
3 5
AN OT@?DDWr-E TO ACCE.PT (-PAN'TS TOT-A],I-@NG
$28,797.00 1,@M THr DIVISI(I@ OF JUSTICE
Al\'D CRr,,,. l@TI-@=.rICN 711@ i-O APP.,?OP-RIA7t-
THESE F-TJNDS.
WMPEA,S, City Couricil is i-iiterested in imTDror,7ing the juvenile
Just'ice SystEM with,'-Ii the C4ity of Virgi-nia Beach; and
WHERFAS, grants totaling $28,797.00 frcm thc- Division of Justice
and Crim Prevention is available for these purposes; and
WTMPEAS, no local funds are requi--e@a.
B-- IT ORDAIN7ED BY TTIC- CI-LY COUNCIL OF T't]E CITY O,,-
VIRGINIA BPAC@@l:
That funds frorn the above grants be accepted @ $28,797.00 be
appropriated to th,@ Court Servic@- Ui-i-'@t and the Court Docent Program for
the r@inde-- cf the FY-.82 Opcrating Badget as follows-
Cour-t Dccent Progran $ 2,375.00
RunFLway Hotlire ProgrEa, 8,348.00
Sierra II, Wildc---ness 18,074.00
St-cess Program
'fotal Pppropriation $28,797.00
BE 1T FL,=IERI ORDAL%IED thal- estimated revenues -@rcxn the federal
goveamment be increased by $28,797.00 to finance the appropriatio,@i, and
BE IT @IER OIIDA@@ that personnel positions as currently
authorized for these grants to be paid frcm the grants, with the Employee class
to be dete@ned b@, the City Manager, be continued.
This ord@ice siall be effective frcm th@, date of adoption.
Adopted by the Council of the City of Virginia Beach on the
25 da@, of JanL@arv -, 1982.
First ReadLig: 1 98 2
r. u a r y
Second Pc-a-dinq: 25 Jini,,ary 1 98 2
- 3 6 -
P L A N N I N G A G E N D A
ITEM II-H.I.a ITEM #17706
Pat Gomez represented the applicants
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of EDNA AND ALBERT GOMEZ for a e of
Zoning District Classification, subject to the recommended conditions
transmitted in the ity Manager's letter as follows with the inclusion
of the following:
Modified from B-2 Community-Business District
to B-1 Residential-Business District
The applicant voluntarily agrees to put in
writing there will be no fast food stores
ORDINANCE UPON APPLICATION OF EDNA AND Z0182634
ALBERT GOMEZ FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2
AGRICULTURAL DISTRICT TO B-1 RESIDENTIAL-
BUSINESS DISTRICT (MODIFIED FROM B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Edna and Albert Gomez for a
Change of Zoning District Classification from AG-2
Agricultural District to B-1 Residential-Business District
(Modified from B-2 Community-Business District) on certain
property located on the East side of North Landing Road
beginning at a point 150 feet more or less South of Princess
Anne Road, running a distance of 134.92 feet along the East side
of North Landing Road, running a distance of 413.60 feet in a
Southeasterly direction, running a distance of 318 feet in a
Southwesterly direction, running a distance of 220 feet more or
less in a Southeasterly direction, running a distance of 400
feet more or less in a Northeasterly direction, running a
distance of 430 feet more or less in a Northwesterly direction,
running a distance of 45-10 feet in a Southwesterly direction
and running a distance of 207.30 feet in a Northwesterly
direction. Said parcel contains 3.34 acres more or less.
PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Modified from B-2 Community-Business District.
2. Standard improvements as required by the Site Plan Ordinance.
3 7 -
3. City water and sewer.
4. The developer shall provide an adequate drainage outfall system
with all necessary downstream improvements and easements.
5. The developer shall install curbing, pavement widening and
drainage facilities as needed along existing North Landing
Road.
6. A 66-foot dedication is needed for North Landing Road, as
per the Courthouse circulation plan.
7. The applicant voluntarily agrees to put in writing there
will be no fast food stores.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of January, 1982.
- 38-
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L. Standing
- 3 9-
ITEM II-H.I.b ITEM #17707
Mrs. Owens spoke on this matter.*
Upon motion by Councilman Buchanan, seconded by Councilwoman McClanan,
City Council voted to DEFER FOR TWO WEEKS,(February 8, 1982) until
representing Counsellors meet, the petition of RICHARD H. KLINE for
the closure of a 24-foot unnamed right-of-way in the Lynnhaven Borough.
Vot ing :9- 0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L. Standing
*The City Clerk read a letter from Mrs. Owens requesting deferral of
the above matter.
- 40 -
ITEM II-H-2-a ITEM #17708
Mr. Tuck Bowie, Talbot and Associates, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of AFFORDABLE HOMES, INC., for a Change of
Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter with the inclusion of the
f o I I o w i n g :
Applicant voluntarily agrees to only one
access onto Holland Road.
Voti ng 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Cl arence A. Hol I and , M. D. , and Patri ck L. Standi ng
- 41-
ORDINANCE UPON APPLICATION OF AFFORDABLE
HOMES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM 0-1 OFFICE
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Affordable Homes, Inc., for a e of
ZDning District Classification from 0-1 Office District to B-2
Community-Business District on certain property located at the North-
east corner of Holland Road and Chantry Drive, running a distance of
269.76 feet along the North side of Holland Road, running a distance
of 292.86 feet along the Eastern property line, running a distance of
271.19 feet along the Northern property line and running a distance
of 245 feet along the East side of Chantry Drive. Said parcel
contains 1.726 acres. PRINCESS ANNE BOROUGH.
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 Ordinance.
2. City water and sewer.
3. Downstream drainage improvements and easements may be required.
4. The cost of right-of-way improvements for the Holland Road, Phase
III, Project are to be placed in escrow with the Department of
Public Works.
5. Applicant voluntarily agrees to only one access onto Holland
Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of January, 1982.
-4 2 -
ITEM 11-H.2.b ITEM #17714
Attorney Edward J. Carr, Jr., represented the applicant
Mr. Horace R. Lewis signed in opposition, however, he
withdrew his opposition.
Upon motion by Vice Mayo-r Heischober, seconded by Councilwoman
Henley, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of MILITARY
DISTRIBUTORS OF VIRGINIA for a Change of Zoning District
Classification subject to the recomm d cofiditions
transmitted in the City Manager's letter with the following
amendment:
Parcel A - Remain Residential
Parcel B - Rezoned to B-2
Parcel C - Rezoned to B-2
Voting: 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D. , and Patrick L.
Standing
- 4 3-
ORDINANCE UPON APPLICATION OF MILITARY Z0182636
DISTRIBUTORS OF VIRGINIA FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-6 RESIDENTIAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Military Distributors of Virginia
for a Chanqe of Zoning District Classification from R-6 Residential
District to B-2 Community-Business District on certain property
located on the North side of Shore Drive beginning at a point 1210
feet East of Greenwell Road, running a distance of 272.06 feet
along the North side of Shore Drive, running a distance of 292.63
feet in a Northwesterly direction and running a distance of
319-94 feet in a Southwesterly direction. Said parcel contains
1.009 acres. BAYSIDE BOROUGH.
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 Ordinance
2. City water and sewer.
3. Standard improvements to include 12-foot pavement widening,
curb, gutter, sidewalk and drainage facilities are to be
constructed along Shore Drive.
4. No dredging, filling, bulkheading or other waterfront related
activity will be located without obtaining the necessary permits
from State, Local and Federal Agencies.
5. A treed buffer is to be provided along all boundaries, WITH THE
EXCEPTION OF SHORE DRIVE.
6. The applicant voluntarily agrees in writing that Parcel A will
remain Residential District and Parcels B and C will be rezoned
to B-2 Community-Business District.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the wenty-Fifth day of January, 1982.
-4 4 -
ITEM II-H.2.c.1/2/3 ITEM #17715
Harold Hubbard, Community Development, represented the
applicant
Isaac Herbert spoke in favor of the proposed rezonings
John Perry relinquished his time
Milton Wright, Associate Youth Minister, United House of
Prayer for all people-Burton Station section, spoke in
favor
Timothy Barrow, Barrow Associates, spoke in favor
The following appeared in opposition:
Attorney Edwin C. Kellam
Howard Murrell voiced no opposition;
however, he was concerned with the closing
of Burton Station Road
Ray Vandeventer, Norfolk Port and Industrial
Authority
Mrs. Calayo
Upon motion by Vice Mayor Heischober, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the application of
the CITY OF VIRGINIA BEACH for Changes of Zoning District
Classification subject to the following:
50.2 Acre Parcel - Rezoned from 1-1 to R-8
1.3 Acre Parcel - Rezoned from I-2 to 0-1
.9 Acre Parcel - Rezoned from B-2 to R-8
2.8 Acre Parcel - Rezoned from B-2 to 0-1
(Modified from R-8)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L.
- 4 5-
ORDINANCE UPON APPLICATION OF THE CITY OF Z0182635
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM I-1 LIGHT
INDUSTRIAL DISTRICT TO R-8 RESIDENTIAL
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 I-1 Light Industrial District
to R-8 Residential District on parcels located on the North and South
sides of Burton Station Road.
Parcel 1: Located on the North side of Burton Station Road beginning
at a point 840 feet more or less West of Northampton Boulevard, running
a distance of 144 feet along the North side of Burton Station Road,
running a distance of 435 feet in a Northeasterly direction, running a
distance of 830 feet in a Northwesterly direction, running a distance
of 320 feet in a Northeasterly direction, running a distance of 600
feet in a Northwesterly direction, running a distance of 110 feet in
a Northeasterly direction, running a distance of 288 feet in a
Northwesterly direction, running a distance of 1898 feet in a Northeasterly
direction, running 180 feet in a Southeasterly direction, running a
distance of 121 feet in a Southwesterly direction, running a distance
of 465 feet in a Southerly direction, running a distance of 162 feet
in a Southeasterly direction, running a distance of 911 feet in a
Southwesterly direction, running a distance of 278 feet in a South-
easterly direction, running a distance of 150 feet in a Southerly
direction, running a distance of 240 feet in a Southwesterly
direction, running a distance of 52 feet in a Northwesterly direction
and running a distance of 422 feet in a Southwesterly direction.
Parcel 2: Located 150 feet South of Burton Station Road beginning
at a point 2000 feet more or less West of Northampton Boulevard,
running a distance of 258 feet along the Northern property line,
running a distance of 733 feet along the Western property line,
running a distance of 240 feet along the Southern property line
and running a distance of 569 feet along the Eastern property line.
Said parcels contain 50.2 acres. BAYSIDE BOROUGH.
Approval is subject to the following provision in conjunction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
3. The developer shall submit a hydraulic study prior to
development.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of JanuaLy, 1982.
- 46 -
ORDINANCE UPON APPLICATION OF THE CITY OF Z0182636
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM I-2 HEAVY
INDUSTRIAL DISTRICT TO 0-1 OFFICE
DISTRICT (MODIFIED FROM R-8 RESIDENTIAL
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 Zoninq District Classification from I-2 Heavy Industrial District
to 0-1 Office District modified from R-8 Residential District) on
certain property located 200 feet more or less North of Burton Station
beginning at a point 550 feet more or less West of Northampton Boulevard,
running a distance of 381 feet along the Eastern property line, running
a distance of 121 feet in a Northwesterly direction, running a distance
of 301 feet in a Southwesterly direction and running a distance of 395
feet in a Southeasterly direction. Said parcel contains 1.3 acres.
BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Recommend modification to 0-1 Office District on this parcel.
2. Standard improvements as required by the Subdivision Ordinance.
3. City water and sewer.
4. The developer shall submit a hydraulic study prior to
development.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of January, 1982.
46a-
ORDINANCE UPON APPLICATION OF THE Z0182637
CITY OF VIRGINIA BEACH FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT
TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia
Beach for a e of Zoning District Classification
from B-2 Community-BUSinesS District to 0-1 Office
District on the following parcels:
Parcel 1: Located on the North side of Burton Station
Road beginning at a point 350 feet more or less West
of Northampton Boulevard, running a distance of 415
feet along the North side of Burton Station Road,
running a distance of 422 feet along the Western pro-
perty line, running a distance of 52 feet in a South-
easterly direction, running a distance of 61 feet in a
Southwesterly direction, running a distance of
395 feet in a Southeasterly direction and runninq a
distance of 200 feet more or less in a Southerly
direction.
Parcel 2 Located 550 feet North of Burton Station Road
beginning at a point 800 feet more or less West of
Northampton Boulevard, runninq a distance of 162 feet
in a Southwesterly direction and running a distance of
121 feet in a Southeasterly direction. Said parcel
contains 2.6 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the
Subdivision Ordinance.
2. City water and sewer.
3. The developer shall submit a hydraulic study
prior to development.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the Twenty-Fifth day of January 1982.
- 47 -
ORDINANCE UPON APPLICATION OF THE Z0182637-A
CITY OF VIRGINIA BEACH FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT
TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCXL 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 Disteict to R-8 Residential
District on certain property located on the South side
of Burton Station Road beginning at a point 250 feet
Wast of Northampton Boulevard, running a distance of
50 feet along the South side of Burton Station Road,
running a distance of 250 feet more or less along
the Western property line, running a distance of 270
feet more or less along the Southern property line,
and running a distance of 300 feet more or less along
the Eastern property line. Said parcel contains .9
acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the
Subdivision Ordinance.
2. City water and sewer.
3. The developer shall submit a hydraulic study
prior to development.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of January, 1982.
1/25 /8 2