HomeMy WebLinkAboutJUNE 8, 1981 MINUTES
Cit@
"WORLD'S LARGE-ST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M@COY JR., D.D.S., X..p..iii. B.-gh
VICE-MAYOR HAROLD HEISCHOBER. At L.,g,
JOHN A. BAUM, Bi-h-,, B.@.gb
E. T. BUCHANAN, Ly..b.... B...gb
F. REID ERV[N, A@ L.,g,
BARBARA M. HENLEY. P-R. B.@.gh
CLARENCE A. HOLLAND, M.D., B.y.id, B --- lb
W. H. KITCHIN. Ill, Villi-i- B--Cb B---Rb
REBA S. McCLANAN, A... B.@.8b
MEYERA E. OBERNDORF, A, L.,,, 212 CITY HALL BUILDINC
PATRICX L. STANDING, A, L.,g, AIUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23436
RUTH HODGES SM[Til, Cily Cl-lk (804) 427-4303
CITY COUNCIL AGENDA
June 8, 1981
ITEM I INFORMAL SESSION 12:00 Noon
A. CALL TO OPI)ER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor
2. Matters for discussion by Council
3. FY-82 Positions for the Department of Mental Health:
Discussion of two 100% funded positions requested by
the Department of Mental Health.
4. Old Donation Parkway: Discussion of status and
questions raised by Council.
ITEM II FORMAL SESSION 2:00 p.m.
A. INVOCATION: F. Douglas Dillard, Jr., D. D.
United Methodist Conference
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of June 1, 1981.
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to
be routine by the City Council and will be enacted by one
motion in the form listed. There will be no separate discus-
sion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered
separately.
1. Ordinance to increase appropriations and estimated
revenues by $901,310 in the water and sewer fund for
FY82.
2. Ordinance to amend and reordain Chapter 17 of the Code
of the City of virginia Beach pertaining to garbage,
refuse, waste and weeds.
3. Low bid of Rea Birsch Construction Company, Inc. in the
amount of $46,071.58 for the Thomas Bishop Lane project,
and authorize the City Manager to enter into the neces-
sary agreements for the implementation of this project.
4. Ordinance to amend Chapter 9 of the Code of the City of
Virginia Beach pertaining to buses.
5. Request of the City Treasurer for tax refunds in the
amount of $3,037.00.
F. PLANNING ITEMS
1. Application of Robert L. Simpson, Sr. for a change of
zoning from AG-2 Agricultural District to B-2 Community-
Business District on a .41-acre parcel located on the
west side of Oceana Boulevard, north of Dam Neck Road
(Princess Anne Borough).
a. Letter from the City manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Samuel W. and Elsie P. Blalock for a
change of in from R-8 Residential District to
0-1 Office District on a .86-acre parcel located at
the southeast intersection of Gator Road and Morrison
Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Cormnission
for approval.
ITEM II F. PLANNING ITEMS
3. Application of Robert W. Waddell, M.D., and Grover C.
Wright, Jr., Trustees of Virginia Beach orth p.@di.
Associa i@on for a change of zoning from R-5 Residential
District to 0-1 office DiTtrict on a 3.995-acre parcel
Yocat-ed on Che-south side of Old Donation Parkway, west
of First Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for WITHDRAWAL.
4. Application of Richard A. Wallace for a dhange of zoning
from A-1 Apartment District to A-2 Apartment DiTtrict on
a 13.914-acre parcel located on the west side of Reagan
Avenue, northwest of Great Neck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Cormission
for M2roval.
5. Application of David W. Howell for a conditional use
permit for a home occupation (musical instrument repair)
on a .23-acre parcel located on the west side of Lamplight
Lane, north of Ole Towne Lane (Princess Anne Borough).
a. Letter from the City Manager transmits the
recornrnendation of the Planning Commission
for approval.
6. Application of Richard E. Thomas for a conditional use
permit for an auto body and repair shop (expansion) on a
.47-acre parc l@located at the southeast corner of
Virginia Beach Boulevard and Highway Lane (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Cormission
for approval.
7. Application of Texaco, Inc. for a conditional use permit
for a gas bar aTd car a@sh on a one-acre parcel located
at the northwest intersection of Holland and Rosemont
Roads (Princess Anne Borough).
a. Letter from the City Manager transmits the
recoimnendation of the Planning Commission
for approval.
8. Application of Charles and Linda Kovacs for a condi-
tional use permit for a single-family dwelling on a
21.754-acre parcel located north of Hungarian Road,
near the Chesapeake City Line (Blackwater Boroughi.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II F. PLANNING ITEMS (Continued)
9. Application of Nancy Yvonne Gill for a conditional
use permit for a residential ennel on a .934-acre
parcel located on the east side of Blackwater Road
across from Land of Promise Road (Blackwater Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
G. ORDINANCES
1. Ordinance to amend and r6ordain Section 34-7 of the Code
of the City of Virgiftia Beach pertaining to the operation
of taxicabs in the City.
2. Ordinance to add a Chapter 39 to the Code of the City of
virginia Bezich, Virginia, pertaining to Emergency Medical
Care Agencies and Ambulances. DEFERRED FOR 30 DAYS ON
MAY 4, 1981.
H. APPOINTMENTS
1. Historical Review Board - (vacancy)
I. UNFINISHED BUSINESS
1. Charter boats/Ainusement tax
J. NEW BUSINESS
1. Public Hearing - Revenue Sharing Funds for authorized
well drilling: June 22, 1981
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 June 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, June 8, 1981, at Twelve Noon.
Council Members Present:
Jobn A. Baun, 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., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.*
ITEM #16747
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. Discussion or consideration of employment, assignment, appointment,
promotion, demotion, salaries, discipline or resignation of public
officers, appointees or employees of any public body. CPersonriel Matters).
2. Investing of public ftmds where competition or bargaining are involved
where, if made public initially, the financial interest of the governing
unit would be adversely affected. (Financial Matters).
3. Consultation with legal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdiction of the public body.
(Legal Matters).
6/ 8/ 81
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Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City
Council votdd to proceed into EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum4 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, IIL Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D.*
*COUNCILMAN HOLLAND ENTERED MEETING AT 12:15 p.m.
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M A T T E R S B Y T H E M A Y 0 R
WHITE HOUSE VISIT 1TEM #16748
Mayor McCoy advised Council of bis visit to the White House for a briefing
on Grants, whereby Block Grants will go to the States and the States will
distribute the funds among the Cities.
The City Manager advised Council that on July 6, 1981, Margaret I. White,
Housing and Urban Development, will meet with Council for discussion of
tbe above matter.
CITY SYMBOLS ITEM #16749
Mayor McCoy requested the City Clerk, Kay Fudala, the City Manager and
Sam Clay meet and discuss various City symbols which can be presented
to visiting Dignitaries.
RUTH GORNTO ITEM #16750
Mayor McCoy made reference to a letter in the "For Your Information" section
of the Agenda concerning the property of Ruth Gornto and the request for
reconsideration.
It was the consensus of Council that this matter will be discussed during
the FORMAL SESSION.
WATER SITUATION ITEM #16751
Mayor McCoy stated that due to the heavy rainfall over the last several
days the reservoirs are near capacity and perhaps the City can ask the
City of Norfolk to "lift" V,irginia Beach's penalties; however, Mayor
McCoy did emphasize he did not want the mandatory water restrictions
lifted.
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M A T T E R S B Y C 0 U N C I L M E M B E R S
TWENTY-FOUR HOUR PARKING ITEM #16752
Councilman Standing advised Council he has received several complaints
regarding the meters being in effect 24-hours a day.
The City Manager advised Council that an Ordinance was adopted providing
for 24-hour meters.
CROATAN PARKING ITEM #16753
Councilwoman Henley advised she went tb Groatan this weekend and many
people were parked in No Parking Zones and the parking lot was virtually
empty.
BLACKWATER
ITEM #16754
Councilman Baum advised Council of a letter from the City Manager
concerning a parcel of property being presented to Council for a use
permit which had not been properly subdivided.
PAVILION ITEM #16755
Councilwoman Oberndorf advised Council that the Pavilion ran beautifully
this past weekend during the Republican Convention; however, there were
several complaints regarding the food concessions. Many complaints were
of the exorbitant prices charged for food, and during one session the
concessions ran out of food.
PROPERTY BAKER ROAD ITEM #16756
Councilwoman McClanan made refeience to a letter from the City Manager
concerning the City selling a parcel of property which they did not
own.
The property in question was owned by Mr. Robert E. Baker, and was erroneously
sold at a State escheat sale. Unfortunately, a parcl of property may be
escheated for several reasons, including an error made by the City. However,
a jury of inquest is impaneled in Circuit Court, and the State escheator must
present evidence that the owner has died intestate without known heir or that
the property has been abandoned.
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BORROW PITS ITEM #16757
Mayor McCoy requested information from the City Attorney concerning the
Resolution 6n Borrow Pits presented to Council by Richard J. Webbon.
The City Attorney advised Council that the Resolution is under consideration
by his office; however, not all Pits have to go through each Federal Agency,
and the Federal Agencies will not act unless the law requires it to do so.
F 0 R M A L A G E N D A
PUBLIC HEARING/REVENUE SHARING ITEM #16758
The City Manager advised Council that he and the City Council are required
to hold a Public Hearing on Revenue Sharing, and if it meets with Council's
approval a Public Hearing will be held on June 22, 1981, at 7:00 p.m.
This matter will be presented under NEW BUSINESS in the FORMAL SESSION.
SPSA/COST SHARING ITEM #16759
The City Manager advised Council be received from SPSA tbe breakdown on
what the cost sharing would be for Virginia Beach to participate in a
Regional Water Study, to be performed by the Engineering Firm of Hennings,
Durham and Richardson. The total cost is $66,000, and Virginia Beach's
share is $20,460.00, (based on population).
This matter will be presented to Council at the meeting of 15 June 1981
for formal vote on an Ordinance appropriating the above amount.
DEPARTMENT OF MENTAL HEALTH ITEM #16760
The City Manager requested authorization to fill two positions, which are
fully funded by the State, in the Department of Mental Health and Mental
Retardation.
It was the 6onsensus of Council to permit the City Manager to fill the
above positions; however, an addendum is to be placed in their contracts
advising that if funds are cut by the State they will not be placed on
the City's payroll.
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OLD DONATION PARKWAY ITEM #16761
Discussion of Old Donation Parkway was deferred until the INFORMAL SESSION
of 15 June 1981.
City Council RECESSED into EXECUTIVE SESSION, (12:45 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 June 1981
2:00 p.m.
Council Members Present:
John A. Baum, E. T. Bucbanan, F. Reid Erv@* Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, Ill, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.*
INVOCATION: E. Douglas Dillard, Jr., D.D.
United Methodist Conference
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COTJNCILMAN ERVIN VOICED A VERBAL "PRESENT"
*COUNCILMAN HOLLAND ENTERED MEETING AT 2:05 p.m.
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M I N U T E S
ITEM II-D.1 ITEM #16762
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City
Council voted to APPROVE the Minutes of the Regular Meeting of I June 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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R E S 0 L U T I 0 N 0 F A P P R E C I A T I 0 N
ITEM #16763
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to ADOPT the Resolution of Appreciation and present same to
former Councilman Donald W. Merrick.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay.
None
Council Members Absent:
None
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ITEM II-E ITEM #16764
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council agreed to separate Item Number E.2 from the CONSENT AGENDA. The
remaining items listed as the CONSENT AGENDA were considered and enacted
by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. BaL=, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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ITEM Il-E.1 ITEM #16765
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON FIRST READING the-Ordinance to increase appropriations and estimated
revenues by $901,3.LO in the Water and Sewer Fund for Fiscal Year 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. R.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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AN ORDINANCE TO INCREASE APPROPRIATIONS
AND ESTIMATED REVENUES BY $901,310 IN
THE WATER AND SEWER FUND FOR FISCAL YEAR 1982
WHEREAS, the City of Norfolk has increased the cost of water
to the City of Virginia Beach by 12.2cts per thousand gallons from 63.7cts
to 75. 9cts.
WHEREAS, this rate increase will raise the City's Fiscal Year
1982 cost of an estimated seven billion gallons of water purchased from
the City of Norfolk by $901,3110; and,
WHEREAS, an appropriation to the Department of Public Utilities
of a like amount is needed to offset the additional cost; and,
WHEREAS, City Council has increased water rates to its customers
to balance the additional appropriations needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $901,310 be appropriated to the Department
of Public Utilities for Fiscal Year 1982 for the additional cost required
in the purchase of water from the City of Norfolk.
BE IT FURTHER ORDAINED that for Fiscal Year 1982 estimated
revenues in the Water and Sewer Fund be increased by $901,310.
FIRST READING: 8 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
This Ordinance shall be effective from date of adoption
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ITEM II-E.3 ITEM #16766
The followirig bids have been received for the Thomas Bishop Lane Project:
Rea Birsch Construction Company, Inc. $46,071.58
Asphalt Roads & Materials, Inc. $48,048.15
Jessee Construction Company, Inc. $48,387.85
APAC - VA, Inc. $48,686.80
Contractors Paving Company, Inc. $49,269.10
Myatt Construction Company, Inc. $49,599.10
W. L. Birsch, Inc. $50,202.75
Ames & Webb, Inc. $55,821.25
Suburban Grading & Utilities, Inc. $57,937.80
City's Estimate $50,626.13
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Rea Birsch Construction Company, Inc., in the amount of
$46, 0 71 .58 f or the Thomas Bishop Lane Projec t ; and aut hori ze the City
Manager to enter into the necessary agreements for the implementation of
this Project; AND, subject to approval and settlement of certain legal
matters by the Rea Birsch Construction Company, Inc., with the City Attorney.
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent!
None
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ITEM II-E.4 ITEM #167f)7
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend Chapter 9 of the Code of the City of Virginia Beach
pertaining to busses.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H.
Kitchir4 III, Reba S. McClanarL, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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AN ORDINANCE TO AMEND CHAPTER 9
OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO
BUSSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 9 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
BUSSES
ARTICLE I
Section 9-1. Certificates for operation.
(a) Except as provided in subsection (d) of this
section, before any person shall operate any motor
bus under this ehelgter article, such person shall
file with the city manager an application for a
certificate to do so, together with a written
agreement, in form approved by the city attorney,
that he will conform to, and comply with, all the
provisions of this @epter article. Such
application shall specify the route or routes over
which the applicant proposes to operate.
(b) Upon the filing of an application for a
certificate, the city council shall, within a
reasonable time, fix a time and place hearing on
such application. Notice of time and place of such
hearing shall be given to the public by publication
in a newspaper published in the city once a week
for two successive weeks, the last publication to
appear at least three days before the day of such
hearing. Notice shall also be given to all
existing certificate holders, which notice may be
served on, or acknowledged by, any resident
official or attorney of such certificate holderSS.
(c) Upon receipt of the application and agre ement
mentioned in subsection (a) of this section and
after the hearing provided in subsection (b) of
this section, and upon a showing that the public
convenience and necessity require and justify the
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operation applied for, the city rnanager may, with
the approval of the city council, issue a
certificate in form approved by the city attorney,
authorizing the applicant to operate busses as
provided for in this chapter ar#-ie-le. The
applicant shall satisfy the city manager as to his
financial responsibility and ability to conform to,
and comply with, the conditions and provisions
of this chalgter article.
(d) Any person lawfully authorized, under the
provisions of Ordinance Number 24, adopted by the
city council on January 1, 1963, to provide motor
bus passenger transportation service in the city on
the day immediately preceding the effective date of
this ehapter article shall be issued a certificate
authorizing the operation of busses over the route
or routes such person was lawfully authorized to
operate on at that time. Such person shall have
the right to operate under such certificate so long
as he complies with the provisions contained this
chapter article.
(e) Certificates issued under this section shall be
effective from the date specified therein and shall
remain in effect until terminated as provided in
this subsection. The city council, at any time by
its order entered after hearing and upon thirty
days' notice to the holder of any certificate and
an opportunity to such holder-to be heard, at which
hearing it shall be proved to the satisfaction of
the council that such holder has wilfully made any
misrepresentation of material facts in obtaininq
such certificate or has repeatedly violated or
refused to observe the provisions of this ehapter
article or any terms of the certificate granted
under this section or any of the council's p.roper
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orders rules or regulations imposed under authority
of this ehal5ter article, may suspend, revoke, alter
or amend any such certificate for any violation
above set forth.
Section 9-2. Seating capacity.
No motor bus of a seating capacity of less than
twenty-five passengers shall be operated on the streets of the
city in service under this ehapter article.
Section 9-3. Routes over which operation allowed; change in
routes.
The route or routes over which any operator of motor
busses under this ehalgter article shall operate such motor busses
shall be the route or routes described in the certificate issued
to such operator pursuant to section 9-1. No such operator
shall, without the consent of the council, change any authorized
route or routes over which such operator is operating pursuant to
this eh&Lgter article, except as provided in section 9-5.
Section 9-4. Routes to be exclusive.
The council may, pursuant to this @el5+er article,
permit more than one operator of motor busses to provide motor
bus passenger transportation service for hire, but not more than
one operator of motor busses shall operate over any authorized
route.
Section 9-5. Deviation from routes.
No deviation from an authorized route designated in a
certificate issued under section 9-1 shall be practiced or
permitted except in the following instances:
(a) In case any authorized routes are obstructed on any
bl.ock, drivers may make a detour by the nearest
streets around the block on which such obstruction
exists, returning to the prescribed route as soon
as the obstruction shall have been passed.
(b) Where motor busses are operated over other streets
in order to get from the garage to the regular
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routes by the most convenient streets.
Section 9-6. Suspension of operations.
Any person operating motor busses under this ehep*-er
article shall operate his vehicles regularly over the authorized
routes, unless prevented from so doing by the act of God or other
causes not reasonably preventable. But should it be necessary in
the prosecution of any public work to stop temporarily the
operation of such vehicles, the city shall not be liable and such
person shall be held free from all claims of the city for damages
or penalties by reason of the delay or suspension of such
business or traffic.
Section 9-7. Schedules.
Any person operating motor busses under this ehep#er
article shall operate and maintain regular schedules so as to
render reasonable service on each route served by him.
Section 9-8. Modification of routes.
(a) The city manager may, in all cases of fire,
accident, parades, obstructions, breaks in or
repairs to streets or any other emergency requiring
such action, temporarily modify the routes
authorized in the certificates issued under section
9-1 until the emergency calling for such action
shall have been terminated.
(b) The city manager may issue, at the request of any
person operating under this ehalg#er article, a
temporary permit to operate an any additional route
for a length of time not exceeding sixty days,
which permit may be renewed by the city manager
from time to time for additional sixty-day periods,
for the purpose of gi%thering data by actual
operations as to whether public convenience
requires such rbute and whether such route may be
profitably operated.
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Sectio 9-9. Pares generally.
Fares to be charged by any person operating motor busses
under this ehapter article shall be as set forth in a tariff
filed with the city manager. A tariff shall be filed with the
application provided for in section 9-1. The operator may change
any fares by filing a new tariff with the city manager and the
fares prescribed in such new tariff shall become effective at the
expiration of sixty days after such new tariff is filed, unless
the city council, proceeding under section 9-15, proposes to
consider changing such fares prescribed in the new tariff.
Section 9-10. Tax on gross receipts.
Any person operating motor busses under this ehep#-et-
article shall pay annually into the treasury of the city two per
cent on the first one hundred thousand dollars per annum of gross
receipts from intra-city bus operations and one per cent on all
intra-city gross receipts over and above one hundred thousand
dollars per annum. Such sum so paid shall be in lieu of all city
license taxes in connection with bus operations of any party
oiDerating under this eheL5ter article within the city. Payments
of the amounts due under this section shall be made by the
operator on or before July tenth and January tenth of each
calendar year for the preceding six-month period. Any sums due
to the city under this section may be collected by legal
procedure.
section 9-11. Accounting.
A standard book of accounts and system of bookkeeping,
in accordance with general accepted bookkeeping practice, shall
be kept and maintained by each person operating motor busses
under this ehalgter article insofar as the system of accounts and
bookkeeping applies in such motor-bus transportation. The
direction of finance or some accountant duly authorized by the
council may, at any time, examine the books of such operator in
order to verify or, if need be, to correct the same or any
returns and reports made by the person in question therefrom.
-5-
- 21-
Section 9-12. Quarterly reports.
Complete quarterly reports in a form approved by the
city finance department shall be made to the city manager by
persons operating motor busses under this ehap#er article. Such
report, for each quarter, shall be delivered to the city manaqer
not later than the twenty-fifth day of the month after the end of
the quarter.
Section 9-13. Reservation by city generally.
The city expressly reserves the right to pass at any
time, in addition to the provisions of this ehapter article, any
amendments thereto and any and all ordinances deemed necessary by
it in the reasonable exercise of its police power, for the
safety, welfare and convenience of the public and for the
regulation and control of motor bus transporatation within the
city.
Section 9-14. Acquisition of vested rights.
No person operating motor busses under this @epter
article shall acquire any vested right thereunder in the streets
of the city of any vested right to use the same.
Section 9-15. Reservation of right to determine fares and
regulate service; procedure as to changes in
schedules, fares, routes or service.
The council reserves its right to determine the adeauacy
of fares and regulate service, but recognizes that in its action
on any of such matters the ability of the person operating under
this ehapter article to earn a reasonable return on the operation
should be respected, using the operating ratio method of
determining the adequacy of earnings.
(b) Whenever the city council proposes to consider the
question of changing any schedule or fare of the
holder of a certificate issued under section 9-1,
it shall adopt a resolution so stating and give at
least fifteen days' notice of the time and place
when such change will be considered to such
-6-
- 2 2-
certificate holder and an opportunity to be heard
at such hearing shall be granted such certificate
holder.
(c) Whenever any certificate holder wishes to appear
before the council to obtain permission to make any
change in his routes, or service, he shall so
notify the city manager of the changes he sees at
least ten days prior to the time when application
will be made to the city council for such changes.
A like notice shall also be served upon any and all
other certificate holders operating under this
ehaLgter article.
(d) The notice required in subsections (b) and (c) of
this section may be waived by mutual consent of the
council and certificate holder.
Section 9-16. Standard of service and efficiency.
Any person operating motor busses under this chapter
shall maintain an adequate and efficient public service at the
rates specified. Such person shall maintain and operate his
transportation system in accordance with the most approved
methods and by the use of the most approved means of surface
transportation, without and otherwise than by, the construction
or use of railway tracks or the erection of poles and wires.
Such person shall maintain all of the physical property used and
operated by him at the highest practical standard of
efficiency.
Section 9-17. Condition of vehicles.
All vehicles and the equipment used in connection
therewith operated under this eh&Lgter article shall at all times
be kept in proper physical condition and shall conform to the
saftey standards as established by the interstate commerce
commission or the state so as to render safe, adequate and
-7-
- 2 3-
proper public service and so as not to be menance to the safety
of the occupants or of the general public.
Section 9-18. Heating, etc., of motor busses.
Any person operating motor busses under this @alg+er
article shall at all times keep all motor busses operated by him
clean, sufficiently ventilated and adequately heated witb safe
and convenient appliances whenever the weather is such that
heating is essential to the comfort of the passengers.
Section 9-19. Indemnity.
Any person operating motor busses under this eheL5ter
article shall, by acceptance in writing of the terms and
conditions of this ehapter article, agree and bind himself to
indemnify and save harmless the city or any person from any and
all claims, demands or judgments on account of injuries or
damages occasioned by the negligence of such person, growing out
of the construction of the operator's works or out of the
operation of his vehicles under this chapter article. Such
person shall carry public liability insurance to provide
insurance coverage in amounts up to twenty-five thousand dollars
for personal injury to one person; three hundred thousand dollars
for one accident and ten thousand dollars for property
damage.
Section 9-20. Passenger stops.
All vehicles operated under this ehapter article shall
stop for the purpose of taking on or letting off passengers at
such points or places as may be designated by schedules filed
with the city manager.
Section 9-21. Compliance with directions of police officers,
etc.; conformance to traffic laws.
All vehicles operated under this @eloter article shall
24-
be made to observe and comply with all orders given by word or
sign by the police officers of the city and with all signs and
directions placed in the streets for the regulation of traffic
and shall conform to all traffic laws of the city and state.
Any person violating any provision of this section shall
be punished as provided in chapter 22.
Section 9-22. Disposition of money, etc., left in vehicles.
The person in charge of any vehicle operated under this
chal5ter article shall carefully preserve any money or other
property left in such vehicle by any passenger and the same shall
be promptly deposited with the person owning or operating such
vehicle and shall be kept by him at some convenient point where
the same may be called for by the owner. When such money or
property shall have been identified and ownership established,
the same shall be promptly delivered to such owner. Any
property, whether money or other thing, which shall not be called
for within three months, shall be disposed of according to
law.
Section 9-23. Interior of vehicles to be lit.
No motor vehicle operated under this ehapter article
shall be operated between one-half hour after sunset and one-half
hour before sunrise, except in case of emergency, unless
sufficient light be provided adequately to light the whole
interior of such vehicle.
Section 9-24. Discontinuance of operations consequent upon
dissatisfaction with established fares.
In the event any person operating motor busses under
this ehep*-er article is unwilling to continue to operate at the
fares established by the council, such person may surrender his
certificate and cease operating only upon giving to the city
manager ninety days' notice of its intention to do so.
-9-
2 5-
Section 9-25. Certain provisions of ehapter article deetned
manatory; violation of ehapter article.
All of the provisions of this ehap@er article imposing
obligations or requirements on any person operating under this
ehapter article shall be deemed to be mandatory and any violation
of any obligation or requirement of this ehapter article shall be
regarded as a misdemeanor.
Section 9-26. Application, etc., of chapter article.
The operation of motor bus passenger transportation for
hire, except taxicabs, school busses, rental vehicles including
charter passenger busses, and interurban busses, shall be subject
to the provision of this ehalgter article and regulations made
pursuant thereto. This ehapter article is adopted under the
general police power granted to the city by its Charter. It is
not intended hereby to grant or offer any franchise; but is
intended to regulate motor bus passenger transportation for hire
in the city.
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 8 June 1981
MES:re
5/15/81 APPROVED AS TO CONTENT
(Al)
SIGNATURE
DEPAPTMENT
APPROVED AS TO FORM
SIGNATURE
CITY ATTORNEY
-10-
- 26-
ITEM II-E.5 ITEM #16768
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance for tax refunds in the amount of $3,037.00
Voting: 11-0
Council Members Voting Aye:
John A. Bam% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 7-
5/14/81 EMC
AN ORDINAN CE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonam- D:!de Penalty I nt. Total
Y ear of Tax Number tion No. p I
L Lamberth & D S 80 RE(1/2) 36562-7 9/18/79 29.90
L Lamberth & D S 80 RE(2/2) 36562-7 6/5/80 29.90
L Lamberth & D S 81 RE(1/2) 43906-7 12/5/80 27.74
dges Hudgins et al 81 RE(1/2) 76862-9 11/14/80 24.18
ges Hudgins et all 81 RE(1/2) 76863-8 11/14/80 29.70
ne W Taylor 76 RE(1/2) 59805-2 6/7/76 8.31
ene W Taylor 76 RE(2/2) 59805-2 11/3/76 8.31
@ t Lewis Britt 81 RE(1/2) 9056-6 12/5/80 30.15
rst Savings & Loan 80 RE(2/2) 73240-0 6/5/80 2,696.53
nald Kledzik 80 pp 64290 5/13/80 22.68
bert F Miles 80 pp 131514 10/31/80 129.60
Total 3,037.00
LAdv
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cert ym
- were approved by
the Council of the City of Virginia
Beach on the-day of
Joht T. AtkirNon'
Approved as to form:
Ruth Hodges Smith
C!tY Clerk
Ai
- 2 8-
ITEM 11-E.2 ITEM #16769
Upon motion by Councilwoman McClanan, seconded by Councilman Buchanan,
City Council voted to DEFER FOR TWO WEEKS (June 22, 1981), the Ordinance
to amend and reordain Chapter 17 of the Code of the City of Virginia
Beach pertaining to Garbage, Refuse, Waste and Weeds;
AND, the Ordinance to amend and reordain Chapter 17 of the Code of the
City of Virginia Beach by adding a Section 17-19 pertaining to penalties
for violations of said Chapter.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 9-
Requested by Solid Waste Division of Public Works
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 17 (NEW CODE: CHAPTER 31)
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO GARBAGE, REFUSE
WASTE AND WEEDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 17 of the Code of the City of Virginia Beach is
hereby amended and reordained by adding the following Sections thereto:
Section 17-2.1. Notice of violation - Authority to issue.
Inspectors or sanitarians appointed bv the Department Head or
any police officer shall enforce Sections 17-4, 17-5, 17-6, 17-7 (B) (E)
(i) and Section 17-12(A)(B)(E) of Article I of this Chapter bv issuing
a notice in writing to the owner, occupant, janitor or other proper person
informing him of the date and nature of the violation and instructing him
to report to the Treasurer's Office of the City in regard to such violation.
All other violations of this Chapter shall be enforced @y the issuance of
a summons or warrant as provided by law.
Section 17-2.2. Same - Method of issuance.
When an inspector, sanitarian or pol.ice officer issues a
notice for a violation of this Article he shall serve the offending
person by:
(a) Delivering a copy of the notice to whom it is directed
in person.
(b) If the party cannot be found by delivering a copy and
giving information of its contents ind meaning to any
adult member of the family found at his regular place
of abode or at his usual place of business, or
(c) By mailing by certified mail with delivery reported,
a copy of the notice to the last known address of the
pergon.
- 30-
Section 17-2.3. Same - Response.
The party to whom guch notice is directed shall:
(a) Within 72 hours of service of such notice, report to
the Treasurer's Office of the City and pay the
penalties set forth herein below for and in full
satisfaction of such violation.
For Violation of: Penalty
1. Section 17-4 . . . . . . . . . . . . . . . . . . $10.00
2. Section 17-5 . . . . . . . . . . . . . . . . . . @io.oo
3. Section 17-6 . . . . . . . . . . . . . . . . . . @io.oo
4. Section 17-7(B) . . . . . . . . . . . . . . . . . @15.00
5. Section 17-7(E) . . . . . . . . . . . . . . . . . $15.00
6 . Section 17-7(D . . . . . . . . . . . . . . . . . Tl-5.00
7. Section 17-12(A) . . . . . . . . . . . . . . . . $20.00
B. Section 17-12(B) . . . . . . . . . . . . . . . . T20.00
9. Section 17-12(E) . . . . . . . . . . . . . . . . @15.00
(b) Upon failure to make payment as above provided, a warrant shall
be issued against and served on the party directing him to
appear before the District Court of the City, on the date and
at the time specified in the warrant, to answer for the
violations alleged, the date and nature of which shall be set
forth in the warrant. Such warrant shall be served in the
manner provided by law for the service of such warrants.
This amendment shall become effective upon thirty (30) days after
the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
- 31-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 17 (NEW CODE: CHAPTER 31)
OF THE CODE OF THE CITY OF VIRGINIA
BEACH BY ADDING A SECTION 17-19
PERTAINING TO PENALTIES FOR VIOLATIONS
OF SAID CHAPTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 17 of the Code of the City of Virginia Beach
is hereby amended and reordained by adding a Section 17-19 hereto as
follows:
Section 17-19. Penalty for violation of Article.
Any person, firm or corporation violating any provision
of this Article shall be guilty of a misdemeanor and, unless the penalty
for such violation is paid in accordance with Sections 17-2.1 through
Section 17-2.3 of'this Article, upon conviction thereof, shall be fined
not less than Twenty-Five Dollars ($25.00), nor more than Two Hundred
Fifty Dollars, ($250.00).
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 day of 1981.
- 32-
P L A N N I N G A G E N D A
ITEM II-F.1 ITEM #16770
Attorney Robert L. Simpson, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ROBERT L. SIMPSON, SR., for a Change of
Zoning District Classification, subject to the recommended conditions
in the City Manager's letter, as follows:
AN ORDMACE UPON APPLICATION OF ROBERT W681572
L. SIMPSON, SR., FOR A CHANGE OF WNING
DISTRICT CLASSIFICATION FROM AG-2
AGRICULTURAL DISTRICT TO B-2 COMKTJNI7Y
BUSINESS DISTRICT.
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Robert L. Simpson, Sr., for a
Change of Zoning District Classification from AG-2 Agricultural
District to B-2 Commtmity-Business District on certain property
located on the West side of Oceana Boulevard beginning at a
point 250 feet more or less North of Dam Neck Road, running a
distance of 133 feet along the West side of Oceana Boulevard,
running a distance of 151.97 feet along the Northern property
line, running a distance of 108.57 feet along the Western pro-
perty line and running a distance of 150 feet along the Southern
property line. Said parcel contains .41 acre. PRINCESS ANNE
BOROUGH.
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. The existing sanitary facilities are acceptable.
3. An adequate drainage outfall system with all the necessary
downstream improvements and easements is required.
4. A 50-foot scenic easement, or acceptable landscaped
alternative, is required along Oceana Boulevard.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of June, 1981.
3 3-
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan,* Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
- 34-
ITEM II-F. 2 ITEM #16771
Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant.
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SAMUEL W. BLALOCK, SR., and ELSIE P. BLALOCK
for a Change of Zoning Distridt Classification, subject to the recommended
condit@ons transmitted in the City Manager's letter, as follows:
AN ORDINANCE TJPON APPLICATION OF SAMUEL W. Z0681573
BIALOCK, SR., AND ELSIE P. BLALOCK FOR A
CHANGE OF ZONING DISTRICT CIASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VYRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Samuel W. Blalock, Sr., and
Elsie P. Blalock for a Change of Zoning District Classifi-
cation from R-8 Residential District to 0-1 Office District
on certain property located at the Southeast intersection
of Gator Road and Morrison Avenue, rtmning a distance of 150
feet along the South side of Gator Road, running a distance
of 50 feet in a Southeasterly direction, rtmning a distance
of 150 feet in a Northeasterly direction, running a distance
of 100 feet along the West side of South Lynnhaven Road, rtmning
a distance of 300 feet along the Southern property line and
running a distance of 150 feet along the East side of Morrison
Avenue. Said parcel contains .86 acre. LYNNHAVEN 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. An adequate drainage outfall system with the necessary
downstream improvements and easements is required.
This Ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of June, 1981.
3 5-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 36-
ITEM II-F.3 ITEM #16772
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission and
permit WITHDRAWAL of the application of ROBERT W. WADDELL, M.D., and GROVER
C. WRIGHT, JR., TRUSTEES OF VIRGINIA BEACH ORTHOPEDIC ASSOCIATION for a
Change of Zoning District Classification, as per the following:
Ordinance upon application of Robert W. Waddell, M.D.,
and Grover C. Wright, Jr., Trustees of Virginia Beach
Orthopedic Association, for a Change of Zoning District
Classification from R-5 Residential District to 0-1 Office
District on certain property located on the South side of
Old Donation Parkway beginning at a point 1049.26 feet
West of First Colonial Road, running a distance of 481.91
feet along the Eastern property line, rtmning a distance
of 745.93 feet along the Southern property line and rimning
a distance of 813.73 feet along tbe Northern property line
of which 739.31 feet is the Soutb side of Old Donation
Parkway. Said parcel contains 3.995 acres. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3 7-
ITEM II-F.4 ITEM #16773
Richard A. Wallace appeared in behalf of his application.
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendations of the Planning Commission and
APPROVE the application of RICHARD A. WALLACE for a Change of Zoning District
Classification, subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF RICHARD A. Z0681574
WALLACE 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 Richard A. Wallace for a Change
of Zoning District Classification from A-1 Apartment District
to A-2 Apartment District on certain property located on the
West side of Reagan Avenue beginning at a point 2066.58 feet
Northwest of the intersection with North Great Neck Road,
rtmning a distance of 117.95 feet along the West side of Reagan
Avenue, running a distance of 38 feet in a Southwesterly
direction, running a distance of 162 feet in a Northwesterly
direction, running a distance of 626.5 feet in a Westerly
direction, running a distance of 75.96 feet in a Northerly
direction, running a distance of 48.09 feet in a Northwesterly
direction, running a distance of 171 feet in a Northerly
direction, running a distance of 66 feet in a Northeasterly
direction, running a distance of 10 feet more or less in a
Northwesterly direction, rtmning a distance of 60 feet more
or less in a Northerly direction, running a distance of 24.25
feet in a Northwesterly direction, running a distance of 149.23
feet in a Northeasterly directio% rtmning a distance of 285
feet in a Northwesterly direction, running a distance of 1100
feet more or less along the Western property line, running a
distance of 525 feet in an Easterly direction, running a distance
of 130 feet in a Southerly direction, running a distance of 215
feet in an Easterly direction, running a distance of 295 feet in
a Southerly direction and running a distance of 506.5 feet in a
Northeasterly direction. Said parcel contains 13.914 acres.
LYNNHAVEN BOROUGH.
- 3 8-
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. No dredging, filling, bulkheading or other waterfront-
related activities will be allowed without the proper
permits from the appropriate local, state and federal
agencies.
4. The applicant has voluntarily agreed to submit within
thirty (30) days an instr,@nt for recordation restricting
the number of units to 158 townhouses and 16 apartments,
for a total of 174 units. This document is to be recorded
in the Office of the Clerk of Circuit Court.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of June, 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Hc)lland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 9-
ITEM II-F.5 ITEM #16774
David Howell appeared in behalf of his application
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of DAVID W. HOWELL for a Conditional Use
Permit, subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
AN ORD3NANCE UPON APPLICAT10N OF DAVID W. R0681396
HOWELL FOR A CONDITIONAL USE PERMIT FOR A
HOME OCCUPATION (MUSICAL INSTRLZMNT REPAIR)
BE IT ORDAINED BY THE COIINCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of David W. Howell for a Con-
ditional Use Permit for a home occupation (musical
instr,,@nt repair) on certain property located on the
West side of Lamplight Lane beginning at a point 185 feet
North of Ole Towne Lane, running a distance of 75 feet
along the West side of Lamplight Lane, running a distance
of 130.47 feet along the Northern property line, running
a distance of 76.45 feet along the Western property line
and running a distance of 144.15 feet along the Southern
property line. Said parcel contains .23 acre. PRINCESS
ANNE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of tbree (3) years.
2. Compliance with Article Z Section 229 of the
Comprehensive Zoning Ordinance pertaining to
home occupations.
3. Repair work shall be arranged through the auspices
of the school system not by means of direct contact
with the general public.
4. The pick-up and delivery of instruments shall be
performed by the applicant, rather than such activities
occurring at his residence.
This Ordinance shall be.effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of June, 19'81.
-40-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Claren@ce A. Holland, M.D., W. H.
Kitchin, IIL Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-41-
ITEM II-F.6 ITEM #16775
Jim Wilkins appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Kitcbin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of RICHARD E. THOMAS for a Conditional Use
Permit, subject to the recommended conditions transmitted.in the City
Manager's letter, as follows; including the following provision:
All repair work is to be performed within a building
AND ALL STORAGE IS TO BE PLACED WITHIN A BUILDING.
AN ORDINANCE UPON APPLICATION OF RICHARD R0681397
E. THOMAS FOR A CONDITIONAL USE PERMIT
FOR AN AURO BODY AND REPAIR SHOP (EXPANSION)
BE IT ORDAINED BY TBE COUNCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Richard E. Thomas for a
Conditional Use Permit for an auto body and repair shop
(expansion) on certain property located on the Southeast
corner of Virginia Beach Boulevard and Highway Lane,
running a distance of 150 feet along the South side of
Virginia Beach Boulevard, running a distance of 127.29
feet along the Eastern property line, rtmning a distance
of 142.67 feet along the Southern property line and
running a distance of 173.60 feet along the East side of
Highway Lane. Said parcel contains .47 acre. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. The existing sanitary facilities are adequate.
3. All repair work is to be performed within a building; AND
all storage is to be placed within a building.
This Ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of June, 1981.
4 2-
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf,* and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE".
- 4 3-
ITEM II-F. 7 ITEM #16776
Attorney J. E. Flippen, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilman Holland, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE
the application of TEXACO, INC., for a Conditional Use Permit, subject to
the recommended conditions transmitted in the City Manager's letter, as
follows, subject to following:
WAIVE ITEM #4 with the stipulation of the City Manager
that no access would be made to non-existing roads.
ITEM #6 Th@ty-F4ve Ten (10) foot building setbacks
from all streets as required by the Comprehensive
Zoning Ordinance.
ORDINANCE LTON APPLICATION OF TEXACO, INC., R0681398
FOR A CONDITIONAL USE PERMIT FOR A GAS BAR
AND CAR WASH
BE IT ORDAINED BY TBE COUNCIL OF TBE CITY OF VIPGINIA BEACH,
VIRGINIA:
Ordinance upon application of Texaco, Inc., for a Conditional
Use Permit for a gas bar and car wash on certain property lo-
cated at the Northwest corner of Holland Road and Rosemont
Road, running a distance of 227.38 feet along the West side of
Rosemont Road, running a distance of 206.53 feet along the
Northern property line, rtmning a distance of 223.95 feet along
the Western property line and running a distance of 154.55 feet
along the North side of Holland Road. Said parcel contains 1
acre rwre or less. 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. An adequate drainage outfall system with all tbe necessary
downstream improvements and easements is required.
4. Waived item nunber 4 with the stipulation of the City
Manager that no access would be made to non-existing
roads.
5. Compliance with Article Z Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
6. Ten (10) foot building @etbacks from all streets as
required by the Comprehensive Zoning Ordinance.
-44-
7. Two curb cuts are to be allowed on both Holland and
Rosemont Roads, provided each is a maximtm of 24 feet
in width and marked appropriately for in-only and out-
only.
8. Parking at a ratio of three (3) spaces for each car
wash space within the facility.
9. No water shall be permitted to fall upon or drain across
public streets or adjacent properties.
10. The recycling of water in accordance with the City Code.
This Ordinance shall be in effect from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day pf June, 1981.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 4 5-
ITEM II-F.8 ITEM #16777
Charles Kovacs appeared in behalf of his application
Upon motion by Councilman Baum, seconded by Councilwoman McClanan, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of CHARLES AND LINDA KOVACS for a Conditional Use
Permit, subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF CHARLES R0681399
AND LINDA KOVACS FOR A CONDITIONAL USE
PERMIT FOR A SINGLE FAMILY DWELLING
BE IT ORDAINED BY TBE COUNCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Charles and Linda Kovacs for a
Conditional Use Permit for a single family dwelling on certain
property located 3400 feet more or less North of Htmgarian Road
beginning at a point 650 feet more or less East of the Virginia
Beach-Chesapeake City Line, running a distance of 630 feet along
the Southern property line, rtmning a distance of 1520 feet more
or less along the Eastern property line, running a distance of
1140.84 feet along the Northern property line and rtmning a
distance of 1200 feet more or less along the Western property
line. Said parcel contains 21.754 acres. BLACKWATER BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Septic tank is to be in conformance with Land Management
Criteria for the installation of septic tanks in poorly
drained soils.
2. Recordation of an appropriate subdivision plat is to be
handled administratively.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of June, 1981.
-46-
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baua6 E. T. Buchanau, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClana@ Mayor J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 7-
ITEM II-F.9 ITEM #16778
James R. Hayden appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilwoman McClanan, City
Council voted to uphold the recommendation of the Planning Commission and
DENY the application of NANCY YVONNE GILL for a Conditional Use Permit,
as per the following:
Ordinance upon application of Nancy Yvonne Gill for a
Conditional Use Permit for a residential kennel on cer-
tain property located on the East side of Blackwater Road
beginning at a point 100 feet more or less North of Land
of Promise Road, running a distance of 195.4 feet along
the Northern property line, running a distance of 208.2
feet along the Eastern property line, running a distance
of 195.4 feet along the Southern property line and running
a distance of 208.2 feet along the East side of Blackwater
Road. Said parcel contains .934 acre. BIACKWATER BOROUGH.
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Batm, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., Reba
S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
W. H. Kitchin, III
Council Members Absent:
None
6/8/81
- 4 8-
0 R D I N A N C E S
ITEM II-G.1 ITEM #16778 (a)
Herbert R. Dise, owner of Diamond Taxi and Yellow Cab of Virginia Beach,
appeared on this matter.
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance to amend and reordain Sectiou 34-7 (NEW CODE: 36-96) of the Code
of the City of Virginia Beach pertaining to the operation of taxicabs in
the City; subject to "all of the above (in the Ordinance) shall be allowed
only if the City, where the taxicab is licensed, allows Virginia Beach
taxicabs equal or greater rights for operation."
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 9-
REQUESTED BY: VICE MAYOR HAROLD HEISCHOBER
AN ORBINANCE TO AMEND AND REORDAIN
SECTION 34-7 (NEW CODE: 36-96) OF
THE CITY OF VIRGINIA BEACH PERTAINING
TO THE OPERATION OF TAXICABS IN THE CITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 34-7 of the Code of the City of Virginia Beach,
Virginia, is hereby reordained and amended as follows:
Section 34-7. Prerequisite to operation.
It shall be unlawful for any person to operate or cause to
be operated, within the City, any taxicab or for-hire car unless a
Certificate of Public Convenience and Necessity therefor has been issued
to the owner thereof in accordance with the provisions of this Chapter.
Nothing contained herein shall prohibit a taxicab or for-hire car duly
licensed in another City or County from delivering a passenger to some
location in this City; provided, that the passenger was picked up out-
side of the limits of the City and provided further, that the taxi meter
is in operation while any taxicab is in operation in this City.
Additionally, nothing contained herein shall prohibit any taxicab or
for-hire car duly licensed in another City or County, after delivering
a passenger to some location in this City, from picking up a passenger
in this City and delivering such passenger to the City wherein such
taxicab or for-bire car is duly licensed; provided, however, that the
City wherein such taxicab or for-hire car is duly licensed allows taxicabs
or for-hire cars duly licensed in the City of Virginia Beach equal or greater
rights and privileges to operate within its boundaries as are contained in
this Section in regard to taxicabs and for-hire cars duly licensed in
other jurisdictions.
Ahopted by tbe Council of the City of Virginia Beach, Virginia,
on the Eighth day of June, 1981.
- 50-
ITEM II-G.2 ITEM #16779
Mr. Bruce Edwards, Emergency Medical Services, appeared on this matter.
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to add a Chapter 39 of the Code of the City of
Virginia Beach, Virginia, pertaining to Emergency Medical Care Agencies
and Ambulances.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, 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:
E. T. Buchanan, and Reba S. McClanan
Council Members Absdnt:
None
6/8/81
AN ORDINANCE TO ADD A CHAPTER 39 TO THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO EMERGENCY MEDICAL CARE AGENCIES
AND AMBULANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 39 is hereby added to the Code of the City of
Virginia Beach, Virginia as follows:
C H A P T E R 39
EMERGENCY MEDICAL CARE AGENCIES AND AMBULANCES
Section 39-1. Definitions.
1. Agency - means any person engaged in the business, service or
regular activity, whether or not for profit, of transporting persons who are
sick, injured, wounded or otherwise incapacitated or helpless or of rendering
immediate medical care to such persons.
2. Ermrgency Medical Service Vehicle - means any privately or
publicly owned vehicle, vessel or aircraft that is especially designed, con-
structed, or modified and equipped and is intended to be used for and is
maintained or operated to provide.imediate medical care to or to transport
persons who are sick, injured, wounded or otherwise incapacitated or helpless.
Section 39-2. Permit Required.
(a) It shall be unlawful, in accordance with Section 32.1-156,
Code of Virginia, 1950, for any individual or organization to operate an
emergency medical services agency or vehicle in the City of Virginia Beach
for effergency transport purposes or non-emergency transport purposes,
excepting the Office of Emergency Medical Services of the City of Virginia
Beach as provided for by Chapter 2, Article 25, Section 2-153 of the Code
of the City of Virginia Beach, without first being granted a permit to do
so by the City Council.
(b) The ntimber of ambulances, prp@cribed areas of oderation,
prescribed levels of care rendered, fixed charges and fees for services
delivered, required limits of liability insurance coverage and other rules
and regulations not inconsistent with the laws of the Commonwealth shall be
prescribed for under said permit.
5 2-
Section 39-3. Contracts with the City.
The city manager is hereby authorized to contract with any
private permitted agency for transportation to be rendered upon call of the
city for transportation of bona fide indigents or persons certified by the
department of Social Services to be public assistance recipients.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the day of June , 1981.
This ordinance shall be effective 30 days from the date of its
adoption.
MES:vb
4/16/80
8/21/80
8/26/80
8/27/80
8/27/80
11/5/80
APPftOVED AS TO
To
5 3-
A P P 0 I N T M E N T S
ITEM II-H.1 ITEM #16780
Consideration of appointments to the Historical Review Board was deferred
until the meeting of 15 June 1981.
U N F I N I S H E D B U S I N E S S C H A R T E R B 0 A T S
ITEM II-I.1 ITEM #16781
Judge Vernon L. Hitchings spoke before Council concerning charter boats
having to pay amusement tax, and advised that no other City in Virginia
or North Carolina subjects deep sea fishing fees earned by charter and
party boats to an amusement tax.
Constitutional law requires that all people embraced by a tax law must be
treated equally. Therefore, a ten percent admission tax to tickets to
theatre, concerts, amusement park rides, golf courses, are attached solely
to the admission ticket. However, with charter and party boat captains,
the amusement tax becomes an income tax of ten percent of the entire
profit of the owner and operator of the facility.
a. Charter boat and party boat owners and operators,
because of the amusement tax, are now being subjected
to "double taxation", because they are already required
to pay a merchant and business license tax which is not
a flat fee, but is proportioned to their gross income.
b. They also pay personal property tax on the boat.
C. Slip rental that use to be $300.00 annually when
the City owned the marina is now $1,500.00.
d. Cost of fuel and supplies has tripled.
Judge Hitcbings advised that in recent years deep sea fishing has greatly
expanded the tourist industry and has become one of the attractions of
Virginia Beach and-, therefore, asked the City Council to repeal that Section
of the amusement tax which relates to charter, party and drift boats in
order to preserve this tourist attraction rather than have it disappear
as economically unfeasible.
Several charter boat captains spoke concerning this.
The City Manager is to meet with Judge Hitchings and the charter boat
captains to study the matter.
- 54-
R E C 0 N S I D E R A T I 0 N
ITEM II-1.2 ITEM #16782
Mrs. Gornto spoke before Council concerning this matter.
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City
Council voted to RECONSIDER on July 13, 1981, the application of RUTH GORNTO
for a Change of Zoning District Classification from A-1 Apartment District
to A-2 Apartment District.
Voting: 10-1
Council Members Voting Aye:
Jobn A. Baum. 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:
Reba S. McClanan
Council Members Absent:
None
*COUNCILMAN BUCHANAN VOICED A VERDAL "AYE".
5 5-
P U- B L I C H E A R I N G R E V E N U E S H A R I N G
ITEM II-J.1 ITEM #16783
Upon motion by Councilman Buchanan, seconded by Councilman Standing, City
Council voted to hold a Public Hearing on Monday, June 22, 1981, at 7:00
in the evening for the purpose of hearing those persons for and against
Revenue Sharing Funds for authorized well drilling.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN STANDING VOICED A VERBAL "AYE".
5 6-
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A D J 0 U R N M E N T
ITEM II-K.1 ITEM #16784
Upon motion by Councilman Holland, City Council adjourned at 4:00 p.m.
Diane M. Hickman, Deputy City CleTk-
Rdth Hodges,-Smith, 'City Clerk Rayo r u in oy D.D.S.-
Approved by City CoLmcil
June 15, 1981 14 igI
City of Virginia Beach,
Virginia
8 June 1981
dmh/asd