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HomeMy WebLinkAboutNOVEMBER 16, 1981 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL. MAYOR 1. HENRY McCOY JR., D.D.S., @.p@.ill, B.,-gh VICE-MAYOR HAROLD HEISCHOBER, A, L.,g, JOHN@ A. BAUM. Bi.ci..@,, S.@.gh E. T. BUCHANAN, Ly..b.-. 8 .... gb F, REID ERVIN, A, L.,g, I BARBAP,A M. HENLEY. P-9. B.@.gh CLARENCE A. HOLLAND, M.D.. B.y@id, B.,-.gh W. H. KITCHIN, Ill, Vigi.i. B ... b B.@.9h REBA S. M,CLANAN, P,i.c,,@ A.@. B.I..gh AlEYERA E. OBERNDORF, A, L.,g, 212 C17Y HALL BUILDING PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23436 RUTH HODGES SMITH. Cily Cillk (804) 427-4303 CITY COUNCIL AGENDA November 1 6, 1 981 ITEM I MEETING WITH THE SCHOOL BOARD: 11:00 a.m. ITEti II INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.D.S B. ROLL CALL OF COUNCIL C. f-10TION TO RECESS INTO INFORTIAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. 3. Proposed B-5 Resort Commercial District: Presentation by Mr. Robert J. Scott, Planning Department Director. 4. Wording of Referendum Questions for Ballot: Requested discussion by Council members. 5. Resolution for Fairfax Redevelopment and Housing Authority for Multi-Fami y Housing: Discussion. 6. Proposed Legislative Package 1982: Discussion. ITEM III FORTIAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Kenneth Hemphill, Ph.D. First Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL 2 ITEM III D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of November 9, 1981. E. CONSENT AGENDA 1. Ordinance to authorize the acquisition of property in fee simple for right-of-way for Ocean Park Sewers, Phase I and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. F. PLANNING ITEMS 1. Application of Bangel-Kramer for a change of zoning from R-4 Residential District to R-5 Residential District on a 5.3-acre parcel located along the north side of Croatan Road, west of Dare Drive (Lynnhaven Borough). 1. Letter from the City Manager transm,its the recommendation of the Planning Commission for approval., 2. Application of Robert Cubberly for a change:of zoning from-A-1 A,:rrctmenl.claitetdrict to A-2 Apartment District on a 15 c@re p eT T atong Yhe s6uth side of Forfolk Avenue, west of Indian Avenue (Lynnha@ven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Aqua Sports, Inc., T/A Water-Boggan for a conditional use permit for a recreational facility of an outdoor nature (w&ter slide) on a 1.64-acre parcel located on the wes side of Atiantic Avenue (The Loop), south of Third Street (Virginia Beach and Lynhhaven Boroughs). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Shauns Launch Service, Inc., for a condi- tional use permit for the operation of a heliport on a 1.09-acre parcel located along the south s-ide of Shore Drive, west of Vista Circle (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Stanley E. and Elizabeth F. Capps for a conditional use permit for two-duplexes on a .28-acre parcel located at the souihea-st corner of 14th Street and Mediterranean Avenue (Virginia Beach Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3 ITEM III F. PLANNING ITEMS (cont'd) 6. Application of :ecacllawn I ttist Chti,ch fo, a c:.rlditional ' p use permit for h .. had i ion on a 1.25-acre parcel located at the southeast corner of Norfolk and Mediter- ranean Avenues (Virginia Beach Borough). 1. Letter from the City Manager transmits recommendation of the Planning Commission for approval. 7. Application of Woodrow and Shirley Coit for a conditional use permit for a duplex on an .11-acre parcel located at the northwest intersection of Cypress Avenue and 15th Street (Virginia Beach Borogh). 1. Letter from the City Manager transmits recommendation of the Planning Commission for approval. 8. Application of W. Deane Williams for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. He wishes to subdivide a 1.6-acre parcel, located at the northwest intersection of Shore Drive and Baylake Road, into six parcels (Bayside Borough). 1. Letter from the City Manager transmits recommendation of the Planning Commission for approval. City Council voted to expedite thi's application 10/5/81. G. ORDINANCES 1. First Reading A. Ordinance, on first reading, to accept a grant from the Division of Justice and Crime Prevention totaling $40,000 and to appropriate these funds and matching funds of $15,865. 2. City Code Amendments A. Ordinance to add Section 5-16 to the Code of the City of Virginia Beach pertaining to allowing dogs to urinate or defecate on private or public property. B. Ordinance to amend Section 18-108(A) of the Code of the City of Virginia Beach relating to temporary or transient businesses. C. Ordinance to amend Section 18-75(B) of the Code of the City of Virginia Beach relating to contractors and persons constructing houses for subsequent sale or rental. The City Manage r recommends approval for all of the above Ordina@ces. 4 ITEM III H. UNFINISHED BUSINESS I. NEW BUSINESS J. RECESS INTO EXECUTIVE SESSION 1. Motion to recess into executive session. K.' ADJOURNMENT I N F 0 R M A L B R I E F I N G S E S S I 0 N SPECIAL JOINT MEETING VIRGINIA BEACH CITY COUNCIL AND VIRGINIA BEACH SCHOOL BOARD An INFORMAL BRIEFING SESSION of the Virginia Beach City Council and the Virginia Beach School Board was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, Monday, 16 November 1981 at Eleven o'clock in the morning. Council Members Present: School Board Members Present: E. T. Buchanan Robert H. Callis, Jr. F. Reid Ervin Robert DeFord Vice Mayor Harold Heischober Dr. Duncan S. Wallace Barbara M. Henley Dr. Roy A. Woods, Chairman Clarence A. Holland, M.D. W. H. Kitchin, III Mayor J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf Patrick L. Standing Council Members Absent: School Board Members Absent: John A. Baum Edward T. Caton, III Reba S. McClanan Homer W. Cunningham Robert L. Frost Leland M. Hood Mrs. Lee (Reba) Kelberg Norris W. Shirley Mrs. R. Dawson (Ann) Taylor Dr. E. E. Brickell, Superintendent of Schools, also attended the Special Joint Meeting with Mr. Boyer. 2- ITEM #17404 Councilman Ervin voiced his concern over the adversary relationship which has developed between the Council and the School Board because of the Budget for fiscal year 1981-82, and raised the question whether or not Bonds and other items mandated by the State Board of Education come to Council with some discretionary authority. Councilwoman Henley voiced her concerns over the Capital Improvements Projects in next year's Program, and asked if within the next year or so will the City be able to meet these projects? Shifting the funds to Cox High School will reduce the amount for next year. Councilwoman Oberndorf advised that according to the report there seems to be a trend of thought that perhaps the Council should be looking at a School Bond Referendum to accomplish the Special Education Center. Dr. Woods advised that as far as the City School Board is concerned they must provide facilities that are necessary for a Program which is required by the State. One of the Programs required by the State is physical education in the elementary schools. The State Code does not tell the School Board how to construct the facilities. That is left to the School Board. Dr. Woods advised Council of the School Board's priorities for Projects: Cox High School - 1983 West Kempsville Elementary School - 1 984 Special Education Facilities - Under Study Renovation/Princess Anne High - 1 98 3/1 984 Roof work/eight schools - 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 16, 1981 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, 16 November 1981 at Twelve-Thirty in the afternoon. Council Members Present: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: John A. Baum, and Reba S. McClanan ITEM #17405 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discuss- ing the following: 1. PERSONNEL MATTERS: Discussion orconsideration of employment, assl'gnment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal Counsel or Bri-efings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal rmtters within the juriscliction of the public body. 2- Upon motion by Coun c il man Buc hanan , seconded by Coun c il man Stand in g , Ci ty Council vote-d to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan 3- M A T T E R S B Y T H E M A Y 0 R HANDICAPPED/VOTING PRECINCTS ITEM #17406 Mayor McCoy made reference to several letters received concerning the problems handicapped persons are experiencing with regards to voting precincts being placed in churches. The City Manager advised he will study the matter and report his findings ba c k to Co unc il . M A T T E R S B Y T H E C 0 U N C I L SHENSTONE CIRCLE/SEWER INSTALLATION ITEM #17407 Councilman Holland advised Council he will be meeting with the civic league in the Lake Shores area conce rn in g the instal 1 ation of sewer 1 ines for Shenstone Circle. David M. Grochmal , Assistant to the City Manager for Intergovernmental Relations, advised Council that the Health Department recommends that the area be "sewered" as soon as practical as it has been upgraded to a Category I, which is the most critical. Mr. Grochmal further advised that the Director of the Health Department bel ieves the entire area remains a potential health hazard due to its proximity to Little Creek Reservoir and because of his continued strong feel ings that all of Lake Shores should have sanitary sewers, the City is proceeding with the project as scheduled. It was noted the residents in the area do not want sewer 1 ines installed in the Shenstone Circle area. HANDICAPPED PARKING/SIGNS ITEM #17408 Councilman Holland requested the City Manager study the possibil ity of requiring "upright" signs in al 1 parking areas to designate "HANDICAPPED PARKING". The City Manager advised the City could paint the signs at a cost of approximately $20.00 each to private businesses. 4- I N F 0 R M A L S E S S I 0 N PROPOSED B-5 ZONING ITEM #17409 Robert J. Scott presented to Council@ a report on the proposed B-2 zoning in certain areas located in the Virginia Beach Borough. Mr. Scott advised that this matter is schedule for the Planning Commission on December 8, 1981, and it is fully anticipated that there will be much discussion by the Innkeepers and Restaurant Associations. Basically, but with some exceptions, the property from First to Fortieth Streets is primarily zoned B-4. The provision for on-site parking is not necessarily the answer to the parking problem. The approach to parking is to identify five (5) particular uses which would be very "common" in that area, and set their parking requirements at zero regardless of when they were constructed: 1. Retail/commercial uses 2. Eating and drinking establishments 3. Commercial recreational facilities (no indoor) 4. Museums/Art Galleries 5. Personal Service Establishments REFERENDUM QUESTION FOR BALLOT ITEM #17410 The CitY Attorney presented Council three (3) proposed Advisory Referendum Questions: 1. Should the City Council fully fund the School Board Budget for school year 1982-83, whatever it may be, if the funds are derived from real estate taxes? (For the prior fiscal year (1981-82) the School Board requested a total budget of $105,262,481.00, an increase of $19,411,640.00 over the previous year or a 22.61% increase. For the City of Virginia Beach to have this increase the real estate tax would have had to increase to $0.34 (34cts) per $100.00 of assessment. This would equate to $204.00 per year for a $60,000 assessment; or $408.00 for a $120,000 home. - 5- 2 Shal 1 the City reduce the meal tax to 7% if the reduced revenue would add $.08 (8cts) to the real estate tax rate? (This would be $48.00 per year for a $60,000 home, $96.00 per year for a $120,000 home. In the last year (1981-82) the meal tax was increased from 7% to 10%. This increase was projected to raise $4.5 Million.) 3. Shall the City Council return to twice a week garbage collection if the increase in service would add $.014 (1.4cts) to the real estate tax rate? (This would be $8.40 per year for a $60,000 home; $16.80 per year for a $120,000 home. In the last f iscal year (1 981 -82) garbage collection service was reduced from twice a week to once a week. This decrease in service resulted in an anticipated saving of $800,000. This matter will be on the FORMAL Council Agenda of November 23, 1981, for discussion and vote whether or not City Council will pose a question on the May 1982 ballot in addition to that of the Virginia Beach Education Association. PROPOSED LEGISLATIVE PACKAGE 1982 ITEM #17411 The City Manager presented Council items suggested for the 1982 Legislative Package: TOP PRIORITIES 1. Provide a legal basis for the inter-basin transfer of water which protects the interests of Virginia Beach . 2. Increa se per pup i 1 al 1 oca ti on f or education to cover actual costs of meeting Standards of Qual ity mandated by the State. Support recommendation of State Board of Education for $1,638 in FY 82-83 and $1,801 in FY 83-84. 3. Increase State highway construction funds: convert State gas tax to a percentage of wholesale price and change construction funding formula to allocate funds to localities based on need. 4. Expanded sources of local revenue: additional 1% on local sales tax or local option increase tax . 5. State f unding of $1 . 5 Mil I ion for construction of Virginia Museum of Marine Sciences. SECONDARY PRIORITIES 6. Proration of levy and col lection of personal property tax on a monthly basis. 7. State funding of $130 '000 per year for the Pendleton Child Service Center. - 6- 8. Heart and lung disabilities for Police and Fire should not be presumed to be job related, but rather refutable by the locality. 9. Credit of all VSRS contributions to employees' accounts for all employees. 10. City Council reimbursement for personal expenses while on official business. 11. Arrest for past misdemeanors not committed in police officer's presence. 1 2. Do a state-wide study of elected School Board with power of taxation. 13. Eliminate the notification requirement in the Freedom of Information Act for informal meetings of local governing bodies. 1 4. Have General Assembly impose Statute of Limitations on the rights of defunct corporations. 1 5. Require escheator to perform a title search on all escheated property. 16. Modify new Senate district line to follow new voting precinct lines. City Council will meet with the City's Legislators on December 7, 1981. The City Manager advised Council if there were dny items they wished to delete or items to add,.-)lease advise David M. Grochmal. City Council will discuss this matter again in the INFORMAL SESSION November 23, 1981. City Council recessed into EXECUTIVE SESSION, (1:45 p.m.) - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 16 November 1981 2:10 p.m. Council Members Present: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: John A. Baum, and Reba S. McClanan INVOCATION: Reverend Kenneth Hemphill, Ph.D @irst Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 8- ITEM II-D.1 ITEM #17412 Upon motion by Coun c il woman Hen l ey, seconded by Coun c il woman Oberndorf , City Council voted to DEFER ONE WEEK the Minutes of the Regular Meeting of November 9, 1981. Voting 9-0 Counc il Members Voting Aye E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan 9- C 0 N S E N T A G E N D A ITEM II-E.1 ITEM #17413 Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize the acquisition of property in fee simple for right-of-way for Ocean Park sewers Phase I 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: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan Requested by Public Works Department -10 - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR OCEAN PARK SEWERS PHASE I AND THE ACOUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation and for other Public purposes for the preservation of the safety, health, pea ce, 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 Attornev is hereby authorized and directed to acquire by purchase or Condemnation pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple includinq temporary and permanent easements of right-of-way as shown on the plans entitled, Ocean Park Sewers Phase 1, these Plans being on file in the Department of Public Utilities, virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in 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 Virainia Beach, Virginia, on the 16 day of November 1981 JAR/kg/re P L A N N I N G A G E N D A ITEM II-F.1 ITEM #1 741 4 Mr. Jeff Kramer appeared in behalf of the appl icant. Upon motion by Councilman Buchanan, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BANGEL-KRAMER ENTERPRISES, INC., for a Change of lonin5 listrict Classification, as per the following: Sub.iect to the r@c.m ed conditions transmitted in the City Manager's letter: ORDINANCE UPON APPLICATION OF BANGEL-KRAMER Z01181608 ENTERPRISES, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL DISTRICT TO R-5 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Bangel-Kramer Enterprises, Inc., for a Change of Zoning District Classification from R-4 Resi- dential District to R-5 Residential District on certain pro- perty located on the North side of Croatan Road beginning at a point 350 feet more or less West of Dare Drive, running a distance of 155 feet along the North side of Croatan Road, running a distance of 675 feet more or less along the East side of Kerry Lane, running a distance of 680 feet more or less along the West side of Kerry Lane, running a distance of 165 feet along the North side of Croatan Road, running a distance of 918 feet more or less along the Western pro- perty line and running a distance of 823 feet more or less along the Eastern property line. Said parcel contains 5.3 acres more or less. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. The developer is to install Kerry Lane and install right-of-way improvements including pavement widening, curb and gutter, sidewalk, and storm drainage facilities along Croatan Road. This Ordinance shal 1 be effective from date of adoption . Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth- day of November, 1981. 1 2- Voting: 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 1 3- ITEM II-F.2 ITEM #1 741 5 Jack Osmond, Hudgins Real Estate, appeared in behalf of the applicant Commander Curtin appeared in opposition Upon motion by Councilman Buchanan , seconded by Councilman Hol land, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ROBERT CUBBERLY for a Change of Zoning District Classification, as per the following' Subject to the recommended conditions tran smitted in the City Manager ' s letter, as f ol 1 ows : ORDINANCE UPON APPLICATION OF ROBERT CUBBERLY Z01181609 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert Cubberly for a Change of Zoni n' 'istrict C'as sification from A-1 Apartmen@ Dis- trict t. A-2 Apart'lent District on certain property lo- cated on the South side of Norfolk Avenue beginning at a point 550 feet more or less West of Indian Avenue, running a distance of 583.13 feet along the South side of Norfolk Avenue, running a distance of 280.72 feet in a Southerly direction, running a distance of 152.06 feet in a South- westerly direction, running a distance of 540.04 feet in a Southeasterly direction, running a distance of 155.48 feet in a Northeasterly direction, running a distance of 906.49 feet in a Southeasterly direction, running a dis- tance of 14.40 feet in an Easterly direction, running a distance of 745.57 feet along the West side of Indian Avenue, running a distance of 423.72 feet in a Westerly direction, running a distance of 428.4 feet in a Northerly direction and running a distance of 144.94 feet in a Northwesterly direction. Said parcel contains 15 acres. LYNNHAVEN BOROUGH Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvenents as required by the Site Plan Ordinance. 2. City water and sewer. 3. A total of 485 square feet per dwelling unit shall be reserved for recreation/open space. 4. The developer is to install standard right-of-way im@rovements which include pavement widening, curb and gutter, sidewalk, and storm drainage facilities along Indian Avenue, and the 30-foot unnamed street, and provide an adequate drainage outfall system with all necessary downstream improvements and easements. 14 - 5. A 10-foot dedication along Norfolk Avenue to provide for an ultirote 60-foot right-of-way and a 10-foot dedication of both sides of the 30-foot right-of-way to provide for a 50-foot standard right-of-way. 6. A 10-foot dedication along Indian Avenue, 25-feet from the center line of the old 30-foot right-of-way to provide for an ultimate 50-foot standard right-of- way as per the Master Street and Highway Plan. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of November, 1981. Voting 5- 4 Council Members Voting Aye: E. T. Buchanan, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Absent: John A. Baum, and Reba S. McClanan - 1 5- ITEM II-F.3 ITEM #17416 Attorney Gro ver C. Wright, Jr., appeared in behalf of the applicant Upon motion by Co un c il man Standing , seconded by Coun c il man Kitchin , C ity Council voted to up hold the recommendation of the PIann ing Commi ssion and APPROVE the application of AQUA SPORTS, INC., T/A WATER-BOGGAN for a Conditional Use Permit, as per the following, Subject to the recommended conditions transmitted in the City Manager's letter as follows, with the inclusion of the following provision: City water and sewer. ORDINANCE UPON APPLICAT-ION OF AQUA SPORTS, R01181430 INC., T/A WATER-BOGGAN FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (WATER SLIDE) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Aqua Sports, Inc., T/A Water-Boggan for a Conditional Use Permit for a rec- reational facility of an outdoor natur@e water slide) on certain property located on the West side of Atlantic Avenue beginning at a point 1 50 feet South of Third Street, running a distance of 340 feet along the West side of Atlantic Avenue, running around a curve a distance of 126 feet more or less, running a distance of 553 feet more or less along the East side of Rudee Loop, running a distance of 137 feet in a Southerly direction, running a distance of 40 feet in an Easterly direction, running a distance of 10 feet in a Southerly direction and running a distance of 150 feet in an Easterly direction. Said parcel contains 1.64 acres. VIRGINIA BEACH AND LYNNHAVEN BOROUGHS. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Approval is for a period of five (5) years. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. This use may not be operated later than 10:30 p.m. on any day. 5. The applicant is to provide 31 parking spaces. Th is Ord inan ce s ha l 1 be ef f ecti ve from date of ado pt ion. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of November, 1981 1 6 - Voting 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 1 7- ITEM II-F.4 ITEM #1 741 7 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Pilot Jerry Webb appeared in favor of the application RoWarren, Operations Manager of Shaun's Launch Service, appeared in favor The following appeared in opposition: Attorney Will iam R. Wahab, representing Lynnhaven Colony Civic League. Mr. Wahab presented PETITIONS Jerry McElvey, Piedmont Pilot Will iam R . Carder Alexander Platt Mark Weathersby, representing Ocean Park Civic League, presented a letter from the President of that Civic League Edward Atkinson Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City Council voted to DENY the application of SHAUNS LAUNCH SERVICE, INC., for a Conditional Use Permit as per the following: Ordinance upon application of Shauns Launch Service, Inc., for a Conditional Use Permit for the operation of a heliport on certain property-located on the South side of Shore Drive beginning at a point 360 feet niore or less West of Vista Circle, running a distance of 684.17 feet along the South side of Shore Drive, running a distance of 723 feet more or less along the Southern property line and running a distance of 148 feet along the Eastern property line. Said parcel contains 1.09 acres. LYNNHAVEN BOROUGH. V o t i n g 9-0 Council Members Voting Aye: (for denial) E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr. , D.D.S. , Meyera E. Oberndorf , and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 1 9- ITEM I I-F . 5 ITEM #17418 COUNCILMAN BUCHANAN LEFT CHAMBERS MAYOR McCOY LEFT COUNCIL CHAMBERS Upon motion by Co unc il man Kitchin , seconded by Coun c il man Ervin , City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of STANLEY E. AND ELIZABETH F. CAPPS for a Conditional Use Permit as per the followingr Subject to the recommended conditions transmitted in the City Manager's letter: ORDINANCE UPON APPLICATION OF STANLEY E. R01181431 AND ELIZABETH F. CAPPS FOR A CONDITIONAL USE PERMIT FOR TWO DUPLEXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Stanley E. and Elizabeth F. Capps for a Conditional Use Permit for two duplexes on certain property located at the Southeast corner of 14th Street and Mediterranean Avenue, running a distance of 125 feet along the South side of 14th Street, running a distance of 100 feet along the Eastern property line, running a distance of 125 feet along the Southern pro- perty line and running a distance of 100 feet along the East side of Mediterranean Avenue. Said parcel is known as 1319 Mediterranean Avenue and contains .28 acre. VIRGINIA BEACH 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. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of November, 1981. 20 - Voting: 7- 0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Flarold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick L. Standing ,Council Members Voting Nay: None Council Members Absent: John A. Baum, E. T. Buchanan, Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S. - 2 1 - ITEM II-F.6 ITEM #1 741 9 MAYOR McCOY 'RETURNED TO CHAMBERS Reverend Mullen appeared in behalf of the application Upon mot ion by Counc il man Kitc hin , secon ded by Counc il man Stand ing , C ity Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BEACHLAWN BAPTIST CHURCH for a Conditional Use Permit as per the following. Subject to the recommended conditions transmitted in the City Manager's letter: ORDINANCE UPON APPLICATION OF BEACHLAWN R01181432 BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Beachlawn Baptist Church for a Conditional Use Pemmit for a church addition on certain property located at the Southeast corner of Norfolk Avenue and Mediterranean Avenue, running a distance of 185 feet along the South side of Norfolk Avenue, running a distance of 280 feet along the Eastern property line, running a dis- tance of 180 feet along the Southern property line and running a distance of 325 feet along the East side of Mediterranean Avenue. Said parcel contains 1.25 acres. VIRGINIA BEACH 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. Parking at a ratio of I space per 5 seats in the main auditorium. 4. Approval of a variance to the 3 acre minimum area requirement from the Board of Zoning Appeals. 5. A dedication of 10-feet along the frontage on Norfolk Avenue to provide for an ultimate 60-foot right-of-way as per the Master Street and Highway Plan. 6. The developer shall provide an adequate drainage outfall system with all necessary downstream improvements and easements. 7. The developer shall include standard right-of-way improvements including pavement widening, curb and gutter, sidewalk, and storm drainage facilities along Norfolk Avenue, Mediterranean Avenue, and Ninth Stre6t, This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of November, 1981. 2 2- Voting 8- 0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, E. T. Buchanan, and Reba S. McClanan - 2 3 - ITEM I I-F. 7 ITEM #17420 COUNCILMAN BUCHANAN RETURNED TO CHAMBERS Woodrow Coit appeared in behalf of his application Upon motion by Coun c il man Kitchin, seconded by Counci 1 man Ervin , City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of WOODROW AND SHIRLEY COIT for a Conditional Use Permit as per the following: Subject to the recommended conditions transmitted in the City Manager's letter: ORDINANCE UPON APPLICATION OF WOODROW AND R01181433 SHIRLEY COIT FOR A CONDITIONAL USE PERMIT FOR A DUPLEX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Woodrow and Shirley Coit for a Conditional Use Permit for a duplex on certain property located at the NorthweTt corner of Cypress Avenue and 15th Street, running a distance of 64.95 feet along the West side of Cypress Avenue, running a distance of 78.31 feet along the North side of 15th Street, running a distance of 64.95 feet along the Western property line and running a distance of 78.31 feet along the Northern property line. Said parcel contains .11 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvermnts as required by the Site Plan Ordinance. 2. City water and sewer. 3. One duplex only to be permitted on the property. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of November, 1981. 24- Voting 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 2 5- ITEM II-F.8 ITEM #17421 W. Deane Williams appeared in behalf of his application Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the request of W. DEANE WILLIAMS for a variance to Section 4.4(b) of the Subdivision Ordinance as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for W. Deane Williams. Property located at the Northwest intersection of Shore Drive and Baylake Road, Bayside Borough. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 1.6 acre parcel into six (6) parcels. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan 26- 0 R D I N A N C E S F I R S T R E A D I N G ITEM II-G.I.A ITEM #17422 Upon motion by Coun c il woman Obe rn do rf , seconded by Council man Ervin , City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to accept a Grant from the Division of Justice and Crime P,-revention totaling $40,000 and to appropriate these funds and matching funds of $1 5,865 for the In tegrated Criminal Apprehens ion Program ICAP FIRST READING Voting 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin,* Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Re6a S. McClanan *COUNCILMAN ERVIN VOICED A VERBAL "AYE". - 2 7 - ORDINANCE TO ACCEPT A GRANT FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION TOTALING $40,000 AND TO APPROPRIATE THESE FUNDS AND MATCHING FUNDS OF $15,865 WHEREAS, the Virginia Beach Police Department wishes to increase the effectiveness of law enforcement activities related to crime prevention, crime detection, crime investigation, and criminal apprehension; and, WHEREAS, the City of Virginia Beach has established such a Program called the Integrated Criminal Apprehension Program (ICAP); a n d , WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved the necessary funding to continue this Program for the period from November 1, 1981 to September 30, 1982. NOW, THEREFORE, BE IT ORDAINED BY THE CO UNC IL OF THE CITY OF VI RGIN IA BEACH, VIRG IN IA : That the City Manager is hereby authorized to accept the Grant f or the City and funds are hereby a ppropriated for the f ol lowin g purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations ICAP Phase II Extension $40,000 $15,865 $55,865 That the appropriations be financed by $40,000 estimated revenue from the DJCP and a local contribution of $15,865 from the City's Unappropriated Fund Balance; and, BE IT FURTHER ORDAINED that one part-time personnel position is hereby authorized for the duration of the Grant to be paid from the Grant with the class of the employee to be determined by the City Manager. FIRST READING: November 16, 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 981 . - 28- C I T Y C 0 D E A M E N D M E N T S ITEM II-G.2.A ITEM #17423 Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to add Section 5-16 of the Code of the City of Virginia Beach pertaining to allowing dogs to urinate or defecate on private or public property. Voting: 8-1 Council Members Voting Aye: E. T. Buchanan'F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing* Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: John A. Baum, and Reba S. McClanan *COUNCILMAN STANDING VOICED A VERBAL "AYE" 2 9- REQUESTED BY: CITY MANAGER/POLICE DEPARTMENT-ANIMAL CONTROL AN ORDINANCE TO ADD SECTION 5-16 TO THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ALLOWING DOGS TO URINATE OR DEFECATE ON PRIVATE OR PUBLIC PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Section 5-16 is hereby added to the Code of the City of Virqinia Beach as follows: Section 5-16. Allowinq dogs to urinate or defecate on public or private property It shall be unlawful for any owner or person in control of a dog to: (1) Knowinqly or willfully allow his/her dog to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises. (2) Knowinqly or willfully allow his/her doq to urinate or defecate on public property, except that defecation by a doq on public property shall not constitute a violation of this section if the owner of the dog immediately removes the material defecated and disposes of it in a safe and sanitary manner. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on the 16 day of November 1981. MES/re 10/15/81 10/27/81 (1981-A) CITY i@7-1 - 30 - ITEM II-G.2.B ITEM #17424 Upon motion by Coun c il man Kitchin , seconded by Coun c il man Erv in, City Council voted to uphold the recommendation of the City Manager and ADOPT the Or dinan ce to amend Sec tion 1 8-1 08(A) of the Code of the City of Virginia Beach relating to temporary or transient businesses. Voting: 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 31- REQUESTED BY: CITY MANAGER/COMMISSIONER OF REVENUE AN ORDINANCE TO AMEND SECTION 18-108(A) OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO TEMPORARY OR TRANSIENT BUSINESSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-108(a) of the Code of the City of Virginia Beach is hereby amended and reordained as follows: (a) Every person who shall enqaqe in, do or transact any temporary or transient business in the city for the sale of goods, wares and merchandise and who, for the purpose of carryinq on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public room, or any part thereof, including rooms in hotels, lodginghouses or house of private entertainment, or in any street, alley or other public place, for a period of less than one year, for the exhibition of or sale of such goods, wares or merchandise, shall pay for such privilege $50.00 per month or fraction thereof. The license for which such tax is paid shall not be transferable. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 day of November 1981. MES 10/28/81 (1981-B) CITY ATT - 32- ITEM II-G.2.C ITEM #17425 Upon motion by Council man Ervin, seconded by Coun c il man Buc hanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ord in ance to amend Section 1 8- 75 (B ) of the Code of the City of V irg in ia Beach relating to contractors and persons constructing houses for subsequent sale or rental. Voting 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan - 3 3 - REQUESTED BY: CITY MANAGER/COMMISSIONER OF REVENUE AN ORDINANCE TO AMEND SECTION 18-75(B) OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO CONTRACTORS AND PERSONS CONSTRUCTING HOUSES FOR SUBSEQUENT SALE OR RENTAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-75(b) of the Code of the City of Virginia Beach is hereby amended and reordained as follows: (b) Any person engaged in the business of erecting or constructinq office buildings, motels, hotels, condominiums, houses or any other structures suitable for habitation for the purpose of selling or renting the same, not employing therefor a contractor or person who shall act as superintendent who has paid the license tax required by law, shall pay a license tax as provided in subsection (a) of this section for a person engaged in business as a contractor. No license for the conduct of such business shall be transferred nor shall the license tax be prorated. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on the 16 day f November 1981. MES/re 10/28/81 (1981-B) - 34- N E W B U S I N E S S ITEM I I-I . 1 ITEM #17426 The City Clerk advised Council that the Abstract of Votes from the Election of November 3, 1981, are on file in the City Clerk's Office, and by con sensus were ac cepted by City Coun c il . ITEM II-I.2 ITEM #17427 Mrs. Delores Delaney, President of the PTA Council, spoke before Council concerning the interviews of potential appointees to the Virginia Beach School Board, and presented to the City Clerk copies of the questions t hat were targeted for the intervi ews , as we l 1 as the cri ter ia . A letter was forwarded to City Council by the PTA Council on October 6, 1 981 , identifying -that the interviews were for informational purposes only. In the letter the PTA Council offered to meet with City Council during an INFORMAL SESSION to advise them of their intent. Mrs. Delaney presen,ted to Council a listing of the names selected as possible appointees t6 the Virginia Beach School Board. ITEM II-J.1 ITEM #17428 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan , City Council voted to recess into the EXECUTIVE SESSION (4:00 p.m.), for the purpose of discussing Personnel Matters, and to adjourn thereafter. Voting : 9- 0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin,* Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,,Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, .and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Reba S. McClanan *COUNCILMAN ERVIri VOICED A VERBAL "AYE". - 3 5- A D J 0 U R N M E N T ITEM II-K.1 ITEM #17429 Upon motion by Councilman Ervin, City Council adjourned at 5:20 p.m. Diane M. Hickman, Deputy City Clerk C. Ruth Hodaes @nlith, City Clerk Mayor enry y, J(3(j D.S. City of Virginia Beach, Virgin ia 1 6 November 1 981 dmh/I et