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HomeMy WebLinkAboutJUNE 15, 1981 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCTL MAYOR 1. HENRY M,COY JR., D.D.S., K..P-ill, B.-gh VICE-MAYOR HAROLD HEISCHOBER. Al L.'R. JOHN A. BAUM, S.@.8b E. T. SUCHAAIAN, Ly..b..- 8 ... 8b F. REID ERVIN, A@ L.,,, BARBARA M. HENLEY, P-g. B...gb CLARENCE A. HOLLAND, M.D., B.y@id. B-@-gb W. M. KITCHIN, lit. Vigi.i. B-@b B.@.gh RESA S. McCLANAN, P,i.@... A... B.,-gh MEYERA E. OBERNDORF, A, Lg, 212 CIRY HALL BUILDING PATRICK L. STANDING, Al L.,g, MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 RUTH HODGES SMITH, Ci'Y Ci,lk (804) 427-4303 CITY COUNCIL AGENDA June 15, 1981 ITEM I INFORMAL SESSION 12:30 p.m. A. CALL TO ORDER - VICE MAYOR HAROLD HEISCHOBER 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. Mosquito Control Commission 4. Old Donation Parkway: Discussion of status and questions raised by members of City CounCil- 5. Great Neck Road, North Witchduck Road, and Newtown Road: Discussion of status. ITEM II FORMAL SESSION 2:00 p.m. A. INVOCATION: Reverend Kenneth R. Carbaugh Our Savior Lutheran Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL ITEM II D. MINUTE9 OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of June 8, 1981. E. PRESENTATION 1. Miss Virginia Beach 1981, MISS Kathl0en Callan F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by on@ m6tion in the form listed. There will be no separate discussion of these it6ms. If discussion is desired, that item will be removed frorn the Consent Agenda and considered separately. 1. ordinance to authorize the acquisition of property in fee simple for L@nhaven Inlet, Bay and Connecting Waters Maintenance Dredging Project and the acquisition of necessary temporary and permanent easements either by agreement or by condemnation. 2. Request of the City Treasurer to charge off uncollect- able checks. ($168.59) 3. Request of the Commissioner of the Revenue for license refunds in the amount of $2,930.57. G. PLANNING ITEMS 1. Deferred Items a. Application of C & C Investments, Inc. for a change of zoning from R-8 Residential District to 0-1 Office District on a 2.83-acre parcel located on the east side of Grayson Road, north of Bonney Road Ke @ ville Borough. (This matter was deferred for 60 days on April 13, 1981.) 1. Letter from the City Manager transmits the recommendation of the Planning Comnission for denial. 2. New Items a. Application of Birdneck Office Park for a change of zoning from R-6 Residential District to A-2 Apartment District on a .27-acre parcel located at the terminus of B Street (Lynnhaven Borough). 1. Letter from the City Manager transmits the recomendatioh of the Planning Connission for appro@al. ITEM II G. PLANNING ITEMS (Continued) 2. New Items (Continued) b. Application of the Christian Broadcasting Network for a change of zoning from 0-1 office District to B-2 Communi@Business Dist l@ct n a 5.7-acre parcel located in the vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval; AND, c. Application of the Christian Broadcasting Network for a change of zoning from B-2 Communitv-Business District to H-1 Hotel District on a 6.8-acre parcel locatetin the vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval; AND, d. Application of the Christian Broadcasting Network for a change of zoning from R-8 Residential District to H-1 Hotel District on a 7.1- cr@. parcel located in h@e vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Cormission for approval; AND, e. Application of the Christian Broadcastin_g Network for a change of zoning from R-8 Residential District to B-2 Community-Business Di t@ri t@on a 2a-acre pa c@el -iocated in the vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval; AND, f. Application of the Christian Broadcastipa Network for a change of zoning from R-8 Residential District to 0-1 Office District on a 36.4@acre parcel located in h@e vicinity of the intersection of Indian River Road and Centerville Turnpike (Kenipsville Borough). 1. Letter from the City Manager transmits the reconmiendation of the Planning Commission for approval; AND, g. Appli6ation of the Christian Broadcasting Network for a change of zoning fkom B-2 Conmunitv-Business District to 0-1 Office District on a 21.5-acre parcel located in the vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Cormnission for approval; AND, ITEM ii G. PLANNING ITEMS (Continued) 2. New Items (Continued) h. Application of the Christian Broadcasting Network for a change of zoning from R-8 Residential District to A-2 Apartment DiStrict on a 35.3-acre parcel located in the vicinity of the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). 1. Letter from the City manager transmits the reco=endation of the Planning Commission for denial. i. Application of @ard W. Few III for a conditional use permit for auto7moti-ve re-pair shop on a two- acre parcel located on the north side of Recreatioh Drive, west of Salem Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Co=mission for approval. H. ORDINANCES 1. First Readings a. Ordinance, on first reading, to accept a grant totaling $39,824 from the Division of Justice and Crime Prevention and to appropriate these funds. b. Ordinance, on first reading, to appropriate funds of $290,043 for police and fire vehicles and reduce the 1981-82 Budget appropriations for these vehicles by $343,200. C. Ordinance, on first reading, to appropriate funds of $20,460 to the Southeastern Public Service Authority. d. Ordinance, on first reading, to accept a grant total- ing $26,547 from the Division of of Justice and Crime Prevention, and to appropriate these funds. 1. APPOINTMENTS 1. Historical Review Board (Vacancy) J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 15 June 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Acting Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, 15 June 1981 at Twelve-Thirty in the afternoon. Council Members Present: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: John A. Bau4 Mayor J. Henry McCoy, Jr., D.D.S.1% and Patrick L. Standing** ITEM #16785 Acting Mayor Heischober entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose of discussing 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. O?ersonnel Matters) - 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). *MAYOR McCOY WAS ATTENDING THE UNITED STATES CONFERENCE OF MAYORS IN KENTUCKY **COUNCILMAN STANDING ENTERED MEETING AT 12:32 p.m. 2- Upon motion by Councilman Buchanan, seconded by Councilwoman Henley, City Council voted to proceed into tbe EXECUTIVE SESSION following the IIIFORMAL SESSION: Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. E. Kitchin, IIT. Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Abs ent: Jobn A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S. 3- M A T T E R S B Y T H E M A Y 0 R MAYOR'S COAFERENCE ITEM #16786 Acting Mayor Heischober advised Council that Mayor McCoy was attending the United States Conference of Mayors in Louisville, Kentucky. FINANCIAL ADVISOR ITEM #16787 Acting Mayor Heischober advised that at Eleven o'clock this morning (15 June 1981), the Committee to select a Financial Advisor for Financial Activities, comprised of Councilman Standing, Acting Mayor Heischober, Giles G. Dodd, and George L. Hanbury, met and will present a report to Council on 22 June 1981. MOSQUITO CONTROL COMMISSION ITEM #16788 Acting Mayor Heischober apologized to the members of the Mosquito Control Commission, who had been advised of an Eleven o'clock INFOR14AL BRIEFING SESSION, which had been cancelled without their being notified. M A T T E R S B Y C 0 U N C I L M E M B E R S PURCHASING FREEZE ITEM #16789 Councilwoman McClanan asked the City Manager if the purchasing freeze had been "lifted" as she witnessed new furniture being placed in various offices within the City Hall Building. The City Manager advised Council the furniture had been ordered several months ago, and was in the "Renovation of the Building Budget". The purchasing freeze is still in effect, and will continue until 1 July 1981. -4- FEDERAL BUDGET ITEM #16790 Councilwoman Henley advised Council of the difficulty in "keeping up" with the Federal Budget and asked if any member of the Staff was keeping abreast of tbis matter. The City Manager advised Council that David N. Grochmal would be reviewing the Federal Budget for Council. Councilwoman Henley advised Council that her concern was with Impact Funds. The President requested they be reduced by one-half; however, Congress would like to eliminate them from the Budget entirely. TAX ON MACHINERY ITEM #16791 Councilwoman Oberndor-f made reference to a letter from Barbara J. Rooney concerning the assessment of her business machine, (typewriter), and requested the City Manager to address this matter. The City Manager advised Council he has responded to Mrs. Rooney's letter and the matter has been resolved. MEDIAN STRIP/PAVILION ITEM #16792 Councilman Kitchin asked the City Manager if the median strip around the Pavilion was owned by the State, and could the City "work something out" with the State to provide parking in that area? The City Manager advised Council the State has refused to permit parking in that area; however, the City must maintain it. Councilman Kitchin requested Council to consider the possibility of permitting hotels to provide permit parking on City streets for their guests. The City Manager advised Council that the parking meters were not placed on the streets for the hotel/motel guests, but to encourage "short-term" parking. CONDITIONAL USE PERMITS/BICYCLE RENTAL ITEM #16793 Councilman Kitc hin requested the City to review the bicycle rental use permits as many are located on City property. 5- PARKING/NORTH END ITEM #16794 Councilman Ervin asked if Eddie Barns, Landscaping Division of the Department of Public Works, was given a copy of the report prepared by he and Councilman Holland concerning parking at the North End of Virginia Beach. The City Manager advised Council this matter has been placed in the City's Capital Improvement Program. Councilman Ervin requested the City to widen the feeder roads this season to permit parking on both sides of the feeder roads. Councilwoman Henley requested this matter be placed on the Agenda for discussion during an INFORMAL BRIEFING SESSION. I N F 0 R M A L S E S S I 0 N MOSQUITO CONTROL COMMISSION ITEM #16795 Leon Johnson, Mosquito Control Commission, presented a report to Council concerning the Commission; and, requesting that mosquito control in the City of Virginia Beach continue to be managed by the six (6) Commissioners in a consolidated operational district, subject to Council's pleasure and annual review. This matter will be placed on the FORMAL AGENDA for 22 June 1981, at 7:00 p.m. OLD DONATION PARKWAY ITEM #16796 Discussion of Old Donation Parkway was deferred one week due to the absence of Councilman Baum. This matter will be discussed on 22 June 1981. STATUS REPORT ON ROAD PROJECTS ITEM #16797 NOT IN REFERENDUM C. Oral Lambert, Director of Public Works, presented a report to Council concerning Road Projects not in the November Referendum; however, Council' requested he mention the five (5) projects which had been placed in the Referendum. -6- Bonney Road - Bids have been opened and construction should commence in July 1981. General Booth Boulevard - Presently under design. Once the design is completed the rigbt-of-way will have to be acquired. Construction should commence in December 1982. Indian River Road - Bids have been received and construction sbould commence in August 1981, completion approximately one (1) year. Kempsville Road, Phase 1- Is under design. Right-of-way is being acquired, construction should commence in September 1981. Virginia Beach Boulevard- Upgrading and widening should be completed within the week. North Witchduck Road - From railroad tracks South of Virginia Beach Boulevard to Pembroke Boulevard. Bid opening is scheduled for July 21, 1981. The State is managing this project. Construction should commence in September 1981. Great Neck Road, Phase II- From Shorehaven Drive to Shore Drive, is a six (6) lane divided highway. The State is designing this project, which will cost approximately $17.5-Million. May be affected by the lack of State funds for con- struction; however, construction date has been scheduled for the Spring of 1983. $5.2-Million has been allocated. Thomas Bishop Lane - To be constructed with City and the developer's funds. Newtown Road - Four-lane divided highway from Virginia Beach Boulevard to Independence Boulevard. Design is 55% completed. Tlie completion of the design has been delayed due to lack of funds. Scheduled construction date is Spring of 1985. Construction will be in conjunction with a City project, Diamond Springs/Wesleyan Drive project, which is also 55% complete in the design. Lynnhaven Parkway, Phase IV Six-lane divided highway from North of South Lynnhaven Road to the Toll Road, combination City and developer project and was coustructed in con- junction with the Lynnhaven Mall. Completion date in July 1981. Pleasure House Road, Phase I Four-lane collector street from Independence Boulevard to Northampton Boulevard is currently under construction. Completion date in November 1981. Kempsville Road, Phase II- Four-lane divided highway from Indian River Road to Centerville Turnpike. The State has agreed to have this as a State project and will be funded partially by the Federal Government. Construction should commence January 1984. 7- Lynnhaven Parkway, Phase VI The remaining two lanes from Holland Road thru Green Run to Princess Anne Road. City of Virginia Beach Project, scheduled construction should commence in April 1982. Holland Road, Phase Ill Four-lane divided highway from Rosemont Road to Lynnhaven Parkway is a State project. Delayed due to lack of State funding. Inlynnhaven Road Reconstruction of an existing roadway from Great Neck Road to Spiegal Drive. Currently under design. Construction sbould commence in the Winter of 1981. Princess Anne Road, Phase I Four-lane divided highway from Newtown Road to Palms Drive is currently under construction and should be completed in July 1981. Entrance of NAS-Oceana Provided partially by Defense Access Funds and City funds, and administered by the State Highway Department. Construction bids have been received. Apec was the low bid. Construction should commence in July 1981. Independence Boulevard Phase II Two-lanes of a future four-lane divided highway from Holland Road to the Southeast property line of Timberlake. Currently under construction and should be completed in October 1981. it is a combination of developer/City project. Lynnhaven Parkway, Phase III State project. Four-lanes are currently under construction from Holland Road to Kings Arms Apartments. Construction should be completed in July 1981. Princess Anne Road, Phase II From Edwin Drive to Windsor Oaks Boulevard is a Defense Access Project, partially funded by Defense Access Funds and the City. Project will be administered by the State Highway Department. Construction should be completed in 1983. Virginia Beach Boulevard, Phase I From Great Neck Road to Rosemont Road. Project has been delayed due to the lack of funds. An agreement has been reached with the State to place the computerized signalization on Virginia Beach Boulevard. Bids should be open in July 1981. 8- CHRISTIAN BROADCASTIliG NETWORK ITEM #16798 Robert J. Scott, Planning Director, presented to Council a map showing the seven (7) parcels CBN is requesting zoning changes on. 1. Zoning change from 0-1 to B-2 - to the West of the old alignment of Centerville Turnpike. 2. Two parcels, B-2 to B-1 and R-8 to H-1, near the intersection of the old alignment of Centerville Turnpike and Indian River Road. 3. Zoning change from R-8 to B-2. The total area within the boundary of this property is 28 acres. Through the 28 acres will be a. Relocation of canal b. Relocation of Centerville Turnpike 4. Zoning change from R-8 to 0-1. 5. Zoning change from R-8 to A-2 on 35 acres of property. City Council recessed into EXECUTIVE SESSION, (1:59 p.m.) 9- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2:30 p.m. Council Members Present: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,% Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S. INVOCATION: Reverend Kenneth R. Carbaugh Our Savior Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *ACTING MAYOR HEISCHOBER VOICED A VERBAL "PRESENT". -10- M I N U T E S ITEM II-D.1 ITEM #16799 Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City Council voted to APPROVE the Minutes of the Regular Meeting of 8 June 1981. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Jolm A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S. 6/15/81 P R E S E N T A T I 0 N ITEM II-E.1 ITEM #16800 Miss Kathleen Callan, Miss Virginia Beach 1981, appeared before Council and received a framed City Seal from Acting Mayor Harold Heischober. Miss Callan thanked Council for the Seal and advised the Miss Virginia Pageant would be held in Roanoke, Virginia, on July 11, 1981. ITEM II-E.2 ITEM #16801 Richard Nelson, Virginia Beach Naval Junior ROTC, spoke before Council concerning the School Board's decision to eliminate ROTC from the School curriculum in all of the Junior High Schools and three (3) of the High School s, and of f ered several al ternat ives to prevent this. It was suggested by Council that Mr. Nelson attend the School Board meeting to be held Tuesday, June 16, 1981, at 2:00 p.m. C 0 N S E N T A G E N D A ITEM II-F ITEM #16802 Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council agreed to separate Item Number II-F.1 from the CONSENT AGENDA. The remaining items listed as the CONSENT AGENDA were considered and enacted by ONE MOTION. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S. -1 2- ITEM II-F.2 ITEM #16803 Upon motion by Councilman Ervin, seconded by Coun'cilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer to charge-off uncollectable checks in the amount of $168.59. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting May: None Council Members Absent: Jobn A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S. -1 3- JOHN T. ATKINSON MUNICIPAL CENTER TREASURER VIRGINIA BEACH. VIRGINIA 23436 May 11, 1981 I WOULD LIKE PERMISSION OF THE CITY C(XJNCIL OF THE CITY OF VIRGINIA BEACH TO CHARGE OFF THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS: William J. Anderson 65.00 City Decals Check date: 1/29/80 1092 Lynnhaven Pkwy Court Action pending Va. Beach, Va. 23452 Kenneth G. Anderson 12.00 Parking Ticket Check date: 11/2/80 5114 Krick St. Moved, unable to locate Norfolk, Va. 23513 Wilma L. Clay 3.00 Parking Ticket Check date: 7/12/80 1707 Nellie's Cave Rd. Moved, unable to locate Blacksburg, Va. 24060 Martin E. Eastman 6.00 Parking Ticket Check date: 7/17/80 1415 Antomne Ct. Moved, unable to locate Va. Beach, Va. 23451 John F. Fierro Jr. 3.00 Parking Ticket Check date: 8/19/80 17A Continental Dr. Moved, unable to locate Hampton, Va. 23670 Doris Johnson 12.00 Parking Ticket Check date: 9/27/80 5635 Craneybrook Ln. Moved, unable to locate Portsmouth, Va. 23703 Stephen D. Kakol 6.00 Parking Ticket Check date: 6/19/80 228 Cheltenham Dr. Moved, unable to locate Va. Beach, Va. 23454 I. Lee Kitts 3.00 Parking Ticket Check date: 6/23/80 P.0 Box 165 Moved, unable to locate Norfolk, Va. 23501 F. T. Moosbrugger 6.00 Parking Ticket Check date: 6/9/80 No address on check or receipt. unable to locate. Donald E. Winder 6.00 Parking Ticket Check date: 8/12/80 423 24th St. #4 Moved, unable to locate Va. Beach, Va. 23451 Leonard M. Ware 3.00 Parking Ticket Check date: 6/16/80 1134 Kearsarge Ct. Moved, unable to locate Va. Beach, Va. 23454 6/ 1 5/ 81 -1 4- PAGE 2......... Dave's Plumbing 15.24 Parks & Recreation Check date: 3/7/81 848 S. Clubhouse Rd. #4 Moved, unable to locate Va. Beach, Va. 23452 Cecil W. Fry, Jr 13.35 Parks & Recreation Check date: 4/4/81 109 62nd St. Moved, unable to locate Va. Beach, Va. 23451 Harry L. Ferrell 15.00 City Decal Check date: 2/4/81 821 Memorial Blvd. Moved, unable to locate Martinsville, Va. 24112 $168.59 TOTAL s ty Virginia Beach JTA:mh 6/ 1 5/ 81 -1 5- ITEM II-F.3 ITEM #16804 Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license refunds in the amount of $2,930.57. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S. -16- AN ORDINANCE AUTHORIZING LICENSE REFLJI@TOS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIPTCATIOi\l OF THE COIN" ISSIO.,@\'f@'R OF TIIE REVENUE BL.',':T ORDAINED BY THE COUNCIL CF TIIE CITY or' VIRGINIA BEACTI, VIRGINIA: That the foll.owing applications for license refunds, upon certificat@Lon of the CoiTLnissioner of the Revenue @,re hcreby approved: A NA-ME ... YEAR PAID BASE PENALTY INT. TOTAL Star Cross Corp. 1978 1978 2,930.57 .2,930.57 Pembroke 1 # 326 1980 1980 Va. Beach; Va. 23462 Audit Credit 5,171.07 Applied to 1981 License 2,240.50 Amount to be refunded. 2,930.57 to Payment: Commisrion, App-roved as fo form: ey 2 93 0. 57 The above abatement(s) totaling $ were approved by the council of the-city of Virginia Beach on the 15 day of June 19 81 Auun moages smith City Clerk - 1 7- ITEM II-F.1 ITEM #16805 The following appeared in opposition to this matter: David L. Cassida Ed Lynk Attorney Grover C. Wright, Jr. Upon motion by Councilman Buchanan, seconded by Councilman Holland, City Council voted to DEFER FOR ONE WEEK the Ordinance to authorize the acquisition of property in fee simple for Lynnhaven Inlet, Bay and Connecting Waters Maintenance Dredging Project and the acquisition of necessary temporary and permanent easements either by agreement or by condemnation. Voting: 9-0 Council Members Voting Aye: (for deferral) E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S. -1 8- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR LYNNHAVEN INLET, BAY AND CONNECTING WATERS MAINTENANCE DREDGING PROJECT AND THE ACQUISITION OF NECESSARY TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR BY CONDEM14ATIOR 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 for public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF-THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., 15.1-898, et seq., and 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, containing approximately 16 acres, more or less, land including necessary temporary and permanent easements as shown on the plat entitled: "Survey Showing 15.939 Acre Site, at Lynnhaven Inlet, City of Virginia Beach, Virginia, Department of Community Services, Engineering Division, dated June 25, 1976," plus and in addition thereto, Lots 1, 3, 4, 5, 61 6-A and 7 and all accretion of land thereto, said plat being redorded in Map Book 115, at page 21, in the Clerk's Office of the City of Virginia Beach, Virginia, this plat is also being on file in the Public Works Department, Engineering Division, Municipal Center, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. -Section 3. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. -1 9- P L A N N I N G A G E N D A ITEM II-G.l.a ITEM #16806 Walter Monaban appeared in bebalf of tbe applicant requesting deferral of one week. This matter had been deferred for sixty (60) days on April 13, 1981. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to DEFER FOR ONE WEEK the application of C & C INVESTMENTS, INC., for a Change of Zoning District Classification, as per the following: Ordinance upon application of C & C Investments, Inc., for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located on thc East side of Grayson Road, beginning at a point 600 feet more or less North of Bonney Road, rtmning a distance of 519.69 feet along the Northern property line, rmning a distance 126.16 feet in a Southeasterly direction, running a distance of of 2015.10 feet in a Southwesterly direction, running a distance of 270 feet in a Westerly direction, rtmning a distance of 112 feet'in a Nortberly direction and rimning a distance of 185 feet in a Westerly direction. Said parcel contains 2.83 acres. KEMPSVILLE BOROUGH. Voting: 8-1 Council Members Voting Aye: (for deferral) E. T. Buchanan, F. Reid Ervir6 Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. 'Holland, M.D., W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: Jobn A. Baua6 and Mayor J. Henry McCoy, Jr., D.D.S. - 20- ITEM II-G.2.a ITEM #16807 John Wallet appeared in behalf of his application. Upon motion by Councilman Kitchin, seconded by Councilwoman Henley, City Council voted to.uphold the recommendation of the Planning Commission and APPROVE the application of BIRDNECK OFFICE PARK for a Change of Zoning District Classification, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORD@CE TJPON APPLICATION OF B3RDNECK OFFICE Z0681575 PARK FOR A CH&NGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-6 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY TliE COIINCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Birdneck Office Park for a Change of Zoning District Classification from R-6 R6sidential District to A-2 Apartment District on certain property located at the Northwestern terminus of B Street, running a distance of 34.43 feet along the Southern property line, running a distance of 183.62 feet along the Western property line, running a distance of 90 feet along the Northern property line and rtmning a distance of 200 feet more or less along the Eastern property line. Said parcel contains .27 acre more or less. LYNNH&VEN 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 the necessary downstream improvements and easements is required. 4. Applicant agrees to voltmtarily prepare an agreement notifying tenants of noise zone level. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, 1981. 21- Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Erv@ Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S. 2 2- ITEM II-G.2.i ITEM #16808 THIS APPLICATION WAS BROUGHT FORWARD Edward W. Few, III, appeared in behalf of his application. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of EDWARD W. FEW, III, for a Conditional Use Permit, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF EDWARD W. FEW, R0681400 III, FOR A CONDITIONAL USE PERMIT FOR AN ATJTOMOTIVE REPAIP, SHOP BE IT ORDAINED BY THE COLINCIL OF TEE CITY OF VMGINIA BEACH, VIRGINIA: Ordinance upon application of Edward W. Few, III, for a Conditional Use Permit for an automotive repair shop on certain property located more or less West of'Salem Road, running a distance of 350 feet along the North side of Recreation Drive, running a distance of 228.92 feet along the Western property line, running a distance of 350 feet along the Northern property line and running a distance of 228.92 feet along the Eastern property line. Said parcel contains 2 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Approval is for a period of two (2) years. 2. Standard improvements as required by the Site Plan Ordinance depends upon Engineering comments. 3. All repair work is to be performed within a building. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, 1981. 2 3- Voting 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. BamN and Mayor J. Henry McCoy, Jr., D.D.S. 2 4- ITEM II-G.2.h ITEM #16809 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to REFER BACK TO THE PLANNING COMMISSION the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classifi- cation from R-8 Residential District to A-2 Apartment District on a 35.3 acre parcel, WITH THE UNDERSTANDING that "we are not referring it back to be rezoned to A-2, but to find a position where the student housing can be built without increasing the density factor so the City will be fair to all the neighbors that surround this complex": Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from R-8 Residential District to A,2 Apartment District on certain property located on the East side of Centerville Turnpike beginning at a point 500 feet South of the intersection with West Centerville Turnpike, running a distance of 306.28 feet along the East side of Centerville Turnpike, running a distance of 1074.28 feet in a Southeasterly direction, running a distance of 386.92 feet in a Northeasterly direction, running a distance of 246.08 feet in a Southeasterly direction, running a distance of 634.57 feet in a Southwesterly direction, rtmning a distance of 766.13 feet in a Southeasterly direction, running a distance of 1077.28 feet in a Northeasterly direction, running a distance of 2500.77 feet along the Northern property line, rtmning a distance of 50 feet along the East side of Centerville Turnpike, running a distance of 371.38 feet in an Easterly direction, rtmning a distance of 498.67 feet in a Southerly direction and running a distance of 262.09 feet in a Westerly direction. Said parcel contains 35.3 acres. KEMPSVILLE BOROUGH. Voting: 8-1 Council Members Voting Aye: (for deferral) E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, iii, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: John A. Batm6 and Mayor J. Henry McCoy, Jr., D.D.S. 2 5- ITEM II-G.2.b ITEM #16810 COUNCILMAN STANDING LEFT CHAMBERS Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mrs Lyvonne Wilson appeared requesting denial of the request for a change of oning from R-8 to H-1, representing the Newlight Civic League. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK 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 CBRISTIAN Z0681576 BROADCASTING NETWORK FOR A CHAN(!E OF ZONI-NG DISTRICE CLASSIFICATION FROM 0-1 OFFICE DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY TBE COUNCIL OF TEE CITY OF VIRGMIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a'Change of Zoning District Classification from 0-1 Office District to B-2 Commtmity Business District on certain property located at the Southwest intersection of Indian River Road and Centerville Turnpike Relocated, running a distance of 475 feet more or less along the South side of Indian River Road, running a distance of 701 feet more or less along the Western property line and rtmning a distance of 1026 feet more or less along tbe Western boundary of Centerville Turnpike Relocated. Said parcel contains 5.7 acres. KEMPSVILLE 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. City water and sewer. 3. The developer is to provide adequate downstream drainage improvements and easements as necessary. 4. WAIVE right-of-way improvements along the frontage on Indian River Road; this includes curb and gutter, pavement widening a right-turn lane, and drainage structure as shown on the Indian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 5. The developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewalk, pavement widening, and drainage facilities. 6. The provision of left-turn lanes as needed. 7. As part of previous reviews of CBN plans, three traffic signals were required. The developer is to bear the full cost of an additional traffic signal on Indian River Road to service the proposed co@-rcial site. 2 6- 8. A 25-foot scenic easement or acceptable landscaped alternative along Indian River Road. 9. A 15-foot dedication along Centerville Turnpike. 10. The dedication of additional right-of-way along this site's frontage on Indian River Road so as to provide for a future eight-lane roadway. The applicant is to prepare a recordable agreement and file it@ in the office of the Clerk of Circuit Court advising they will dedicate additional right-of-way, if and when needed.@ This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach,,Virginia, on the Fifteenth day of June, 1981. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing - 2 7- ITEM ii-G.2.c ITEM #16811 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mrs. Lyvonne Wilson appeared requesting denial of the request for a change of zoning from R-8 to H-1, representing the Newlight Civic League. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification, subject to the recommended conditions transmitted in the City Manager's letter: ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681577 BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMt4UNITY- BUSINESS DISTRICT TO H-1 HOTEL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from B-2 Community-Business District to H-1 Hotel District on certain property located at the Southeast intersection of Indian River Road and Centerville Turnpike Relocated, running a distance of 534.68 feet along the South side of Indian River Road, running a distance of 320.26 feet along the Eastern property line, rtmning a distance of 465.27 feet in a Westerly direction, running a distance of 323.04 feet in a Southwesterly direction, running a distance of 203.52 feet in a Northwesterly direction, rmning a distance of 388.80 feet in a Northerly direction and running a distance of 400 feet more or less along the East side of Centerville Turnpike Relocated. Said parcel contains 6.8 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conitmction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer is to provide adequate downstream drainage improvements and easements as necessary. 4. WAIVE right-of-way improvements along tbe frontage on Indian River Road; this includes curb and gutter, pavement widening a right-turn lane, and drainage structure as shown on the Indian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 5. The developer is to install standard right-of-way improvements to existing Centeiville Turnpike, including curb and gutter, sidewalk, pavement widening, and drainage facilities. 6. The provision of left-turn lanes as needed. 7. As part of previous reviews of CBN plans, three traffic signals were requ@ed. The developer is to bear the full cost of an additional traffic signal on Inaian River Road to service the proposed commercial site. - 2 8- 8. A 25-foot scenic easement or acceptable landscaped alternative along Indian River Road. 9. A 15-foot dedication along Centerville Turnpike. 10. The dedication of additional right-of-way along this site's frontagd on Indian River Road so as to provide for a future eight-lane roadway. The applicant is to prepare a recordable agreement and file it in the office of the Clerk of Circuit Court advising they will dedicate additional right-of-way, if and when needed. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteentb day of June, 1981. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervih, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D,, W. R. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baug, Mayor J.'Henry McCoy, Jr., D.D.S., and Patrick L. Standing 2 9- ITEM II-G.2.d ITEM #16812 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mrs. Lyvonne Wilson appeared requesting denial of the request for a change of zoning from R-8 Residential District to H-1 Hotel District, representing Newlight Civic League. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification, subject to the recommended condit@ons transmitted in the City Manager's letter, as follows: AN ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681578 BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO H-1 HOTEL DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from R-8 Residential District to H-1 Hotel District on certain property located on the South side of Indian River Road beginning at a point 500 feet more or less East of Centerville Turnpike, running a distance of 225.01 feet along the South side of Indian River Road, running a distance of 734.91 feet along the Eastern property line, running a distance of 600 feet along the Southern property line, rtmning a distance of 323.04 feet along the Western property line, rtmning a distance of 465.27 feet in an Easterly direction and rtmning a distance of 320.26 feet in a Northerly direction. Said parcel contains 7.1 acres. KENPSVILLE BOROUGH. Approval is subject to the following provisions iri conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer is to provide adequate downstream drainage inprovements and easements as necessary. 4. WAIVE right-of-way improvements along the frontage on Indian River Road; this includes curb and gutter, pavement widening, a right-turn lane, and drainage structure as shown on the Indian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 5. DELETE the provision that the developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewalk, pavement widening, and drainage facilities. 6. The provision of left-turn lanes as needed. 7. As part of previous reviews of CBN plans, three traffic signals. were required. The developer is to bear the full cost of an additional traffic signal on Indian River Road to service the proposed commercial site. 8. A 25-foot scenic easement or acceptable landscaped alternative along Indian River Road. - 30- 9. DELETE the 15-foot dedication along Centerville Turnpike. 10. The dedication of additional right-of-way along this site's frontage on Indian River Road so as to provide for the future eight-lane roadway. The applicant is to prepare a recordable agreement and file it in the Office of the Clerk of Circuit court advising they will dedicate additional right-of-way, if and when needed. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on t.he Fifteenth day of June, 1981. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Jobn A. Ba@ Mayor J. Henry McCoy, Jr., D. D. S. , and Patrick L. Standing - 31- ITEM II-G.2.e ITEM #16813 Attorney G@over C. Wright, Jr., appeared in behalf of the applicant Mrs. Lyvonne Wilson appeared requesting denial of the request for a change of zoning from R-8 Residential District to H-1 Hotel District, representing Newlight Civic League. Councilwoman oberndorf made a motion, seconded by Councilwoman Henley, to DENY the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District. Councilman Holland offered a SUBSTITUTE MOTION, seconded by Councilwoman McClanan, to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681579 BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO B-2 COMMUNITY- BUSINESS DISTRICT BE IT ORDAINED BY THE COIINCIL OF TEE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located on the South side of Indian River Road beginning at a point 770 feet East of Centerville Turnpike, running a distance of 1295.75 feet along the South side of Indian River Road, running a distance of 1516.69 feet along the Eastern property line, running a distance of 661.61 feet along the Southern property line, running a distance of 1039.20 feet in a Northeasterly direction, running a distance of 633 feet in a Northwesterly direction and running a distance of 734.91 feet in a North- easterly direction. Said parcel contains 28 acres. KEMPSVILLE 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. The developer is to provide adequate downstream drainage improvements and easements as necessary. 4. WAIVE right-of-way improvements along the frontage on Indian River Road; this includes curb and gutter, pavement widening, a rigbt-turn lane, and drainage structure as shown on the lndian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 5. DELETE the provision that the developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewalk, pavement widening, and drainage facilities. 6. The provision of left-turn lanes as needed. 3 2- 7. As part of previous reviews of CBN plans, three traff ic signals were required. The developer is to bear the full cost of an additional traffic signal on Indian River Road to service the proposed commercial site. 8. A 25-foot scenic easement or acceptable landsr-aped alternative along Indian River Road. 9. DELETE the 15-foot dedication along Centerville Turnpike. 10. The dedication of additional right-of-way along this site's frontage on Indian River Road so as to provide for the future eight-lane roadway. The applicant is to prepare a recordable agreement and file it in the Office of the Clerk of Circuit Court advising they will dedicate additional right-of-way, if and when needed. 11. The developer is to design the ultimate four-lane section of Centerville Turnpike Relocated and construct two of the ultimate four-lanes along property belonging to CB14. 12. A dedication of a 110-foot right-of-way for Centerville Turnpike Relocated, and the dedication of a 150-foot drainage easement for the relocation of the Cedar Hill Canal as shown on the plans on file in the City Engineer's Office. 13. The applicant has voltmtarily agreed to prepare a recordable agreement advis:Lng that a 150-foot buffer along the Eastern property line will remain R-8 Residential District; AND a 150-foot buffer along the Southern property line will remain R-5 Residential District. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, 1981. Voting: 6-) Council Members Voting Aye: (substitute motion) E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Jobn A. Baun6 Mayor J. Ileary McCoy, Jr., D. D. S. , and Patrick L. Standing - 3 3- ITEM II-G.2.f ITEM #16814 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mrs. Lyvonne Wilson appeared requesting denial of the request for a change of zoning from R-8 to H-1, representing Newlight Civic League. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681580 BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located on the East side of Centerville Turnpike beginning at a point 40 feet more or less North of the intersection with West Centerville Turnpike, running a distance of 59 feet along the East side of Centerville Turnpike, running a distance of 299.72 feet in an Easterly direction, rtmning a distance of 98.91 feet in a Northerly direction, running a distance of 316.04 feet in a Westerly direction, running a distance of 86.08 feet along the East side of Centerville Turnpike, running a distance of 426.16 feet in an Easterly direction, running a distance of 82 feet in a Southerly direction, running a distance of 974.44 feet in an Easterly direction, runriing a distance of 1252.69 feet in a Northerly direction, running a distance of 1233.10 feet in an Easterly direction, running a distance of 1039.20 feet in a Southerly direction, running a distance of 140 feet in an Easterly direction, rtmning a distance of 568.43 feet in a Soutberly direction and running a distance of 2500.77 feet along the Southern property line. Said parcel contains 56.4 acres. KEMPSVILLE 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. The developer is to provide adequate downstream drainage i.mprovements and easements as necessary. 4. WAIVE ripht-of-way improvements along the frontage of Indian r Road; this includes curb and gutter, pavement widening, a right-turn lane, and drainage structure as shown on the Indian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 34- 5. The developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewal@ pavement widening, and drainage facilities. 6. The provision of left-turn lanes as needed. 7. DELETE the three traffic signals and the provision tbat the developer is to bear the full cost of an additional traffic signal on Indian River Road to service the proposed co-n-rcial site. 8. DELETE the 25-foot scenie easement on acceptable landscaped alternative along Indian River Road. 9. A 15-foot dedication along Centerville Ttwnpike. 10.@ DELETE the dedication of additional right-of-way along. this site's frontage on Indian River Road so as to provide for a future eight-lane road. 11. The developer is to.design the ultimate four-lane section of Centerville Turn@ike Relocated, and construct two of the ultimate four-laneg along property belonging to CBN. 12. A dedication of a 110-foot right-of-way for Centerville Turnpike Relocated, and the dedication of a 150-foot drainage easement for the relocation of the Cedar Hill Canal as shown on the plans on file in the City Engineer's Office. 13. The applicant has voltmtarily agreed that a 25-foot buffer along the Eastern property line will remain R-8 Residential District. This Ordinance shall b6 effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, 1981. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. U. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Batm6 Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing - 3 5- ITEM II-G.2.g ITEM #16815 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mrs. Lyvonne Wilson appeared requesting denial of tbe request for a change of zoning from R-8 to H-1, representing Newligbt Civic League Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CHRISTIAN BROADCASTING NETWORK 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 CIRISTIAN Z0681581 BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY- BUSINESS DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from B-2 Community- Business District to 0-1 Office District on certain property located on the East side of Centerville Turnpike beginning at a point 270 feet more or less North of the intersection with West Centerville Turnpike, running a distance of 1070 feet along the East side of Centerville Turnpike, running a distance of 250 feet in an Easterly direction, running around a curve a distance of 1281.49 feet, running a distance of 848.36 feet along the Eastern property line, running a distance of 974.44 feet in a Westerly direction, running a distance of 82 feet in a Northerly direction and running a distance of 426.16 feet in a Westerly direction. Said parcel contains 21.5 acres. KEMPSVILLE 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. The developer is to provide adequate downstream drainage improvements and easements as necessary. 4. WAIVE the right-of-way improvements along the frontage on Indian River Road; this includes curb and gutter, pavement widening, a right-turn lane, and drainage structure as shown on the Indian River Road, Phase II, plans. WAIVE the installation of sidewalks along this frontage on Indian River Road. 5. The developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewalk, pavement widening, and drainage facilities. 6. The provisions of left-turn lanes as needed. 7. DELETE the fhree traffic signals, and the provision that the developer is to bear the full tost of an additional traffic signal on Indian River Road to service the proposed commercial site. 3 6- 8. DELETE the 25-foot scenic easement or acceptable landscaped 71ternative along Indian River Road. 9. A 15-foot dedication along Centerville Turnpike. 10. DELETE the dedication of additional right-of-way along this site's frontage on Indian River Road so as to provide for a future eigbt-lane roadway. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, 1981. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. 14cClanan, and Meyera E. oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baun, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing - 3 7- 0 R D I N A N C E S F I R S T R E A D I N G S ITEM II-H.l.a ITEM #16816 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $39,824 from the Division of Justice arid Crime Prevention and to appropriate these funds: Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing 3 8- AN ORDINANCE TO ACCEPT A GRANT TOTALING $39,824 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS; the City of Virginia Beach wishes to continue a Program to assist victims and witnesses in understanding the operations and procedures of the Criminal Justice System; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP), has approved necessary funding to accomplish the objective stated above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the Grant for the City, and funds are hereby appropriated for the following purposes: Estimated Revenue Local Total From Other Agencies Match Appropriation Victim/Witness Program $30,491 $9,333 $39,824 BE IT FURTHER ORDAINED tbat the appropriations will be financed by $30,491 Estimated Revenue from the DJCP and a local cash match of $9,333 from the City's Unappropriated Fund Balance; and, BE IT FURTHER ORDAINED that two personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with the classes of employees to be determined by the City Manager. FIRST READING: 15 June 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. 3 9- ITEM II-H.l.b ITEM #16817 Upon motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to appropriate funds of $290,043 for police and fire vehicles and reduce the 1981-82 Budget appropriations for these vehicles by $343,200. Voting: 7-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing 40- Ali ORDINANCE TO APPROPRIATE FUNDS OF $290,043 FOR POLICE AND FIRE VEHICLES AND REDUCE THE 1981-82 BUDGET APPROPRIATIONS FOR THESE VEHICLES BY $343,200 WHEREAS, a recent bid by the Ford Motor Company on full size Ford LTD's for the State Police Department was considerably lower than the proposed police vehicle cost for the same unit in the City's FY 82 Budget; and, WHEREAS, the Ford Motor Company has agreed to include thirty-nine vehicles for the City of Virginia Beach in this 1981 production order at a cost of $7,437 per vehicle; and, WHEREAS, this unit cost produces a savings of $53,157 over the proposed FY 82 unit cost of $8,800 per vehicle; and, WHEREAS, thirty-seven of these vehicles were included in the FY 82 Police Department Budget and two vehicles were included in the FY 82 Fire Department Budget; and, WHEREAS, an order for these units needs to be placed before the end of the 1981 figcal year in order to include them in Ford's 1981 production. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds of $290,043 be appropriated from the General Fund Balance for the purpose of purchasing thirty-seven police vehicles and two fire vehicles as follows: Appropriation Police Department $275,169 Fire Department 14,874 Total $290,043 BE IT F,URTHER ORDAINED that the FY 82 Operating Budget for. the Police and Fire Departments for the acquisition of these vehicles be reduced by $325,600 and $17,600 respectively. This Ordinance shall be in effect from and after its adoption. FIRST READING: 15 June 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on,the day of 1 981. - 41- ITEM II-H.l.c ITEM #16818 Upon motion by Councilman Holland, seconded by Co,uncilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to appropriate funds of $20,460 to the Southeastern Public Service Authority. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing 42- AN ORDINANCE TO APPROPRIATE FUNDS OF $20,460 TO THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY WHEREAS, the Southeastern Public Service Authority is involved in the search for sources of water supply for Southeastern Virginia; and, WHEREAS, the Authority's Board of Directors has selected a firm to undertake the next phase of a engineering work associated with the development of Somerton Creek in the City of Suffolk and Assamoosick Swamp in Southampton and Sussex Counties as sources of water supply for Southeastern Virginia; and, WHEREAS, funding for the engineering services is to be provided by member Cities on a population basis using the 1980 Census as a base; and, WHEREAS, based on this formula the funding required of the City of Virginia Beach is $20,460 which is 31% of the total cost. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding in the amount of $20,460 be appropriated from the General Fund Balance to the Municipal Council as a contribution to the Southeastern Public Service Authority for engineering purposes as stated above. This Ordinance shall be in effect from the date of its adoption. FIRST READING: 15 June 1981 SECOND READING: Adopted'by the Council of the City of Virginia Beach, Virginia, on the day of 1981. - 4 3- ITEM II-H.l.d ITEM #16819 Upon motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $26,547 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 8-0 Council Members Voting Aye: E. T. Buchanar4 F. Reid Ervin, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing 44- ORDINANCE TO ACCEPT A GRANT TOTALING $26,547 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION, AND TO APPROPRIATE THESE FUNDS WHEREAS,, the Commonwealth's Attorney desires to more effectively prosecute career criminals and major violators charged with crimes; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP), has approved Fourth Year funding to accomplish the above objective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Grant be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Major Violator Unit $11,263 $15,284 $26,547 That the appropriations be financed by $11,263 Estimated Revenue from DJCP, and a local contribution of $15,284 from the City's Unappropriated Fund Balance; and, That one personnel position be authorized for the duration of this Grant, to be paid from the Grant, with the class of employee to be paid from the Grant, with the class of employee to be determined by the City Manager. FIRST READING: 15 June 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. - 4 5- A P P 0 I N T M E N T S ITEM II-I.1 ITEM #16820 Appointments to the HISTORICAL REVIEW BOARD were deferred until the meeting of June 22, 1981. U N F I N I S H E D B U S I N E S S ITEM II-J.1 ITEM #16821 The City Manager advised former Judge Vernon Hitchings that the City Attorney had been directed to prepare an amendment to the existing Amusement Tax Ordinance clarifying, within the jurisdictional limits of the City of Virginia Beach, the amusement tax would be solely upon tbose facilities that are operating within the City of Virginia Beach. If the charter boat operators are conducting business outside of the jurisdictional limits of the City of Virginia Beach, plus one (1) mile, they would be exempt from this particular Ordinance. Anyone else operating or fishing or having a tour boat guide would be taxable under the ex3@-sting Ordinance. A D J 0 U R N M E N T ITEM II-L.1 ITEM #16822 Upon motion by Councilman Ervin, City Council adjourned at 4:45 p.m. Diane M. Hickman, Deputy City Clerk Ru@h Hodges 96ith, City Clerk ng Mayor I City of Virginia Beach, Approved by City @'Ouncil Virginia 15 June 1981 June 15, 1981 .4@ -g dmh/asd w tn x w w z u) w w w U) 0 a. w v c :i 0 L rLz L m 0 w -i z i w 0 ir u 0 w a x u z L it w 0 < x 1- t3 IL 13 z 0 x x < 0 1- w x w >. L L L a: < 1- tnw w x u L u < >. c LL wm r3 w 0 m 0: 1- i w 0 w x x d w L z lr 0 w c w u 2 w 0 0 u 0 i