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HomeMy WebLinkAboutJANUARY 12, 1981 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR 1. HENRY M,COY JR.. D.D.S., K..p.@ill, B.-.gb VICE-MA YOR liAROI D IIEISCHOBER, A, L.,S, JOHN A. BAUM, B.-gh F. REID ERVIN, A, L.,v BARBARA M. HENLEY, P..g- 8 .... gb CLARENCE A. HOLLAND, M.D., B.y.id, B...gb W. H. KITCHIN, Ill, Vi,gi.i. B ... b B.@.gh REBA S. M@CLANAN, P,i.@.,@ A... B...gb DONALD W. MERRiCt<, Ly..b..- B.@.gh MEYERA E. OBERNDORF, A, L.,g. 21@' CITY HALL BUILDING PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23436 RUTH HODGES SMITH, Cily Cl-lk (804) 427-4303 CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: 12:30 p.m. - 12 January 1981 A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF CBUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUGSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor 2. Matters for discussion by Council 3. Virginia Beach Maritime Museum, Inc. - Presentation by Mr. Bruce T. Martin, Executive Vice President 4. Amendment to Chapter 32 of the City Code Relating to Vacation of Public Streets, Alleys, Etc. - Presentation by Mr. David M. Grochmal of Proposed Ordinance. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: @ev. A. Howell Franklin Pastor Saint Andrews United Methodist Church 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 MEETINGS: 1. Motion to accept/approve the Minutes of 15/16 December 1980. 2. Motion to accept/approve the Minutes of 5 January 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 dis- cussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Appointment of Viewers in the application of Hubert C. Gray and Shirley Gray for the closure of a portion of Little Haven Road (Lynnhaven Borough). 2. Ordinance, on second reading, to appropriate $148,812 for the remova7l of submerged steel debris and pilings at the former site of the Virginia Beach Steel Fishing Pier. F. PLANNING ITEMS 1. Application of Sea Breeze Farm, Inc. requesting a variance to Section 4.4(b) of the Subdivision Ordinance which re- quires lot dimensions to conform to the Comprehensive Zoning Ordinance. They wish to subdivide a 2.2-acre site, located at the terminus of South Sea Breeze Trail, into two lots. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of National Industrial Realty Corporation for a change of zoning from A-1 Apartment District to B-4 .Resort-Commercial District on a .22-acre parcel 1 c@ated on the north side of 24th Street, east of Arctic Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of.R. E. Townsend Estate for a change of zoning from B-3 General-Business District to B-4 Resort-Commercial Dist l@ct on-a 35-acre parcel located on the south side of the Southern Railway right-of-way, east of Independence Boulevard (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II F. PLANNING ITEMS 4. Application of Oliver Family Land Trust for a change of zoning from B-2 Community-Business District to 0-1 Office District on a 4.03-acre parcel and a change of zoning from R-5 Residential District to 0-1 Office District on a 1.77- acre parcel. These sites are located at the southwest intersection of Shore Drive and Northampton Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Wallace M. and Bettie W. Vaughan for a conditional use permit for a home occupation (child care) on a .161-acre parcel located on the west side of Brinson Lane, north of Holladay Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Coamission for approval. 6. Application of Rawls Associates, A Virginia Partnership, for a conditional use permit for an auto repair establish- ment (Mr. Quick L b@e) on a .22-acre parcel located on the west side of Great Neck Road, south of Mill Dam Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recornmendation of the Planning Commission for approval. 7. Application of James 0. and Jacquelyn W. Hertz for a conditional use permit for a single-family dwelling on a 1.85-acre parcel located on the east side of Muddy Creek Road, north of Drum Point Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of New Life Presbyterian Church for a conditional use permit for @c ur@ch on an acre parcel located at the northwest corner of Holland Road and Govenor's Way (Kemps- ville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Conmission for approval. 9. The following ordinances were deferred until today from December 8, 1980. Ordinance to amend and reordain Article 1, Section 107 of the CZO pertaining to amendments; AND, an Ordinance to amend and reordain Article 2, Section 220 of the CZO pertaining to procedural requirements. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. ITEM II F. PLANNING ITEMS 10. Application of tle and Pamela K. Jones for a con- ditional use Permit for single-family dwellings in the AG-1 Agricultural district on a 20. 3-acre parcel lo- cated on the west side of Sandbridge Road, north of Colechester Road (Princess Anne Borough). January 5, 1981 City Council approved reconsideration. a. Letter from the City Manager transmits the recommen- dation of the Planning Comission for oval. G. ORDINANCES 1. General a. Ordinance to authorize the acquisition of property for Landfill No. 2 property to be acquired in fee simple; the acquisition of property either by agree- ment or by condemnation and to appropriate the ne- cessary funds for said acquisition of land or interest in said land for property for Landfill No. 2. 2. First Readings a. Ordinance, on first reading, to enter into a contract totaling $14,100 with the Comonwealth of Virginia, Office of Fire Services Training, to improve the fire services training facilities, and to appropriate these funds. 3. Low Bid a. Low bid of Contractors Paving Company, in the amount of $332,604.78 for the Independence Boulevard, Phase II project, and authorize the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. H. UNFINISHED BUSINESS 1. NEW BUSINESS j. ADibURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 January 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, in the City Hall Building, on Monday, January 12, 1981, at Twelve-Thirty in the afternoon. Council Members Present: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Hollmd, W. H. Kitchin, Mayor J. Henry McCoy, Jr., Donald W. @rrick, Yjeyera E. Oberndorf , and Patrick L. Standing Council Members Absent: John A. Ba@, and Reba S. @Clanan- ITEM #16071 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 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). - 2- COUNCILMAN HOLLAND LEFT THE INFORMAL SESSION Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: F. Reid Ervin, Vice @yor Harold Beischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J. Henry @Coy, Jr., Donald W. Yierrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, Clarence A. Holland, and Reba S. McClanan *COUNCILMAN BATim ENTERED MEETING AT 12:37 p.m. **COUNCILWOMAN McCLANAN ENTERED MEETING AT 12:37 p.m. ***COUNCILMAN HOLLAND RETLaNED,,TO MEETING AT 12:31 p.m. - 3- M A T T E R S B Y T H E M A Y 0 R ITEM #16072 Mayor McCoy requested the INFORMAL SESSIONS be concluded at 1:15 p.m. to permit Council to discuss items more thoroughly in the EXECUTIVE SESSION. ITEM #16073 Mayor McCoy advised Council of the request by various Council Members for office space and filing capability. Councilwoman Oberndorf to bring back proposals to Council. M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM ltl6O74 Councilman Holland advised Council that he and Councilman Ervin had been appointed to a Committee to review the various evaluations, as prepared by the City Staff, and to receive input and views from the civic league and garden club representations, concerning parking Councilman Holland advised that a meeting was held on 6 January 1981 to study the parking situation; and, further advised that the parking analysis and inventory wcre')utlined by C. Oral Lambert, Director of Public Works, and John herzke, Traffic Engineer. A copy of the report will be made a part of these proceedings. ITEM #16075 Cou-ncilman Holland requested the City Manager to study Bond Consultants and/or renewal of the City's contract with Wainwright and Ramsey, Inc.; and, to report his findings to Council. Councilman Holland comme-nded the City Manager and the Assistant to the City Manager for Finance in obtaining a "Aa" Bond rating for the City of Virginia Beach. - 4- Mayor McCoy appointed the following to study the matter: Harold Heischober Patrick L. Standing George L. Hanbury Giles G. Dodd ITEM #16076 Councilman Ervin advised Council of suggestions received concerning the Charter change for the Direct Election of the Mayor, which might avoid the confusion with regar s to t e aH be3-nC presented to the General Assembly. Councilman Ervin presented to Council a Sample Ballot, which will be made a part of these proceedings. I N F 0 R M A L A G E N D A ITEM #16077 The City Manager advised Council of a letter received from Bruce T. Martin, Executive Vice President of the Virginia Beach Maritime Museum, Inc., concerning the Old Coast Guard Station located at Twenty-Fourth Street in the Virginia Beach Borough. The Virginia Beach Maritime Museum, Inc., is requesting a loan of $85,000, for a period of five (5) years; and, if Council concurs an Ordinance will be forwarded to Council the meeting of 19 January 1981. Mr. Martin introduced the members of the Committee: Alice Walker Martin P. Hottel John Hodson Mike Goodman This matter will be placed on the Council Agenda for January 19, 1981 - 5- ITEM #16078 Discussion@of the Amendment to Chapter 32 of the City Code relating to Vacation of Public Streets, Alleys, etc., will be discussed in the FORMAL SES-SION II-E-.I) City Council recessed into the EXECUTIVE SESSION, (1:25 p.m.) 1/12/81 - 6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 January 1981 2:20 p.m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischcber, Barbara M. Henley, Clarence A. Hollmd, W. H. Kitchin, III, Reba S. YjcClm=, @yor J. Henry @Coy, Jr., Donald W. @ick, @yera E. Oberndc)rf, and Patrick L. Standing Council Members Absent: None INVOCATION: Reverend A. Howell Franklin Pastor Saint Andrews United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7- M I N U T E S ITEM II-D.1 ITEM #16079 Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to APPROVE the Minutes of December 15/16, 1980. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YicClanan, @yor J. Henry @Cay, Jr., D-ld W. @rrick, Yeyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: NCne 4 -8- ITEM II-D.2 ITEM #16080 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the minutes of January 5, 1980. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M.'Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Myor J. Henry McCoy, Jr. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 9- C 0 N S E N T A G E N D A ITEM II-E ITEM #16081 Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober, City Council agreed to separate Item II-E.2 from the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Mayor J. Henry YcCoy, Jr., Donald W. @rrick, Meyera E. Oberndorf, and Patrick L. Standi-ng Council Members Voting Nay: None Council Members Absent: None -10- ITEM II-E.1 ITEM 116082 Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober, City Council voted to uphold the recotmendation of the City Manager and APPROVE the Appointment of Viewers in the application of Hubert C. Gray and Shirley Gray for the closure of a portion of Little Haven Road, in the Lynnhaven Borough. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YicClanan, @yor J. Henry YjcCoy, Jr., Donald W. Yierrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Nme -11- ORDINANCE APPOINTING VIEWERS WHEREAS, Hubert C. Gray and Shirley Gray have given due and proper notice in accordance with the Statute for such cases made and provided that they will on the Fifth day of January, 1981, apply to the City CoLmcil of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of the said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of property that may be a street adjoining Lot 19, as shown on the Subdivision of Little Haven, and has filed such application with the Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That C. Oral Lambert David M. Grochmal Robert J. Scott are hereby appointed to view the below described property and report in writing to the Council on or before 1 1981, whether, in their opi-nion, any, and if any, what inconvenience would result in the discontinuance and vacating of a portion of a certain unnamed street located in the City of Virginia Beach, Virginia, and more particularly described as follows: All that certain pipce or parcel of land, which nny be a street, located in the City of Virginia Beach, Virginia, described with reference to a Plat entitled "Replat Showing Subdivision of Little Havm , Princess @ County, Virginia", recorded in t-he Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in @T) Book 21 at Page 65, as follows-. Being bounded an the North and West by a dash (or broken) line joining Little Ha@ Road with a Circle Road (which Circle Road ums closed by Ord@ce adopted by Counci-I of the City of Virginia Beach, Virginia, an Jan@ 27, 1969), said dash (or broken) line having an arc distance of 95 feet; being bou-ided an the East by an extension to the Sauth of the Eastern boundary line of Lot 19, as shown on the aforesaid Subdivision Plat; and bounded an the West and South by the Northern right-of-way line of the aforesaid Circle Road. -1 2- All of the above as shown on the Plat which is attached hereto, made a part hereof and intended to be recorded with the ordinance closing the aforesaid street. ka/T7-8 -1 3- VIRGINIA: BEFORE THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN RE: -CLOSING, VACATING AND DISCONTINUING A PORTION OF AN UNNANED STREET, IF IT BE A STREET, ADJOINING LOT 19, SUBDIVISION OF LITTLE HAVEN, AS SHOWN ON A CERTAIN PLAT ATTACHED HERETO. P E T I T I 0 N TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: Your Petitioners, Hubert C. Gray and Shirley Gray, respectfully represent the following matters: 1. They are the record title owners of Lot 19 and the closed portion of a Circle Road adjacent thereto, as shown on a certain Plat entitled "Replat Showing Subdivision of Little Haven, Princess Anne County, Virginia", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21 at Page 65. Said Circle Road was closed by Ordinance adopted by this Council on January 27, 1969, on behalf of the Petitioners herein and is recorded in the aforesaid Clerk's Office in Deed Book 1101 at Page 100. 2. The recorded Plat of the subdivision aforesaid discloses a dash (or broken) line to the South of Lot 19 adjoining the said Circle Road with Little Haven Road, said dash line lying to the North of the said Circle Road. 3. No legend appears on the recorded plat, nor is there any thing of record of this small job parcel of land lying between the dash (or broken) lines and the Northern right-of-way line of Circle Road and Little Haven Road ever having been dedicated as a public street. 4. Petitioners have acquired all the right, title and interest of Little Haven Corporation, the developer of the subdivision aforesaid, to all the aforedescribed property, but there remains an out- standing cloud on their title as to whether or not this property constitutes a dedicated street. Said parcel is shown more particularly on the attached Plat. -1 4- 5. If this said parcel is considered as a dedicated street, it has never been used as same, and no inconvenience will result to any pers-on by reason of this Council closing, vacating and discontinuing same as a street. 6. That on the Thirtieth day of October, 1980, notice of the presenting of this application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by an affidavit attached hereto, and a copy of the said notice. 7. Petitioners are the fee simple owners of all land adjoining and adjacent to the affected portion of property to be closed and consequently are the only land owners affected by the same. WHEREFORE, Petitioners pray that Council appoint Viewers as provided by Section 15.1-364 of the Code of Virginia to view the said property proposed to be closed and to report promptly to this Council as to whether, in the opinion of the Viewers, what inconvenience, if any, would result from the discontinuance and closing of the said property as a street, as herein reported, and that after receipt of such report by this Council, an Ordinance be adopted closing and vacating the said property as a street. HUBERT C. GRAY AND SHIRLEY GRAN By Isl DgiaCld.C - @il gore .e'r DONALD C. KILGORE Cooper, Davis, Kilgore, Parker, Leo-n and Fennell, P.C. 500 Central Fidelity Bank Building Post Office Box 1475 Portsmouth, Virginia 23705 Council for Petitioners ka/T5-6 -i 5- ITEM II-E.2 ITEM #16083 Mr. Fred Bates, Director of Family Protection Services, appeared before Council requesting Council REBID the removal of the steel debris and pilings at the former site of the Virginia Beach Fishing Pier. Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds of $148,812 for the removal of submerged steel debris and pilings at the former site of the Virginia Beach Fishing Pier. Voting: 11-0 Council Members Voting Aye: Joim A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, iii, Reba S. @Clanan, Mayor J. Henry YICCoy, Jr., Donald W. @-ick, I*yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -1 6- AN ORDINANCE TO APPROPRIATE FUNDS OF $148,812 FOR THE REMOVAL OF SUBMERGED STEEL DEBRIS AND PILINGS AT THE FORNER SITE OF THE VIRGINIA BEACH STEEL FISHING PIER WHEREAS, there remain submerged steel debris and pilings at the former site of the Virginia Beach Steel Fishing Pier at Second Street on the Oceanfront which are a dangerous hazard to health; and, WHEREAS, it is the intent of the City Council to have the debris and pilings removed accordi-ng to the desired specifications of the City Engineer and to eliminate any further physical hazard; and, WHEREAS, the removal can be satisfactorily performed at a cost of $148,812 as presented in the low bid of Smith Brothers, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds of $148,812 be appropriated from the General Fund Balance to the Department of Public Works for the purpose of satisfactorily removing the submerged steel debris and pilings at the former site of the Virginia Beach Steel Fishing Pier; and, BE IT FURTHER ORDAINED that the City Manager is authorized to enter into a contract with Smith Brothers, Inc., the low bidder, to perform the necessary work. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981 FIRST READING: 5 January 1981 SECOND READING: 12 Januaiy 1981 This Ordinance shall be effective from date of adoption. -17 - P L A N N I N G A G E N D A ITEM II-F.1 ITEM #16084 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. The following appeared in opposition: Mr. Howard Myers, President, Sea Breeze Farm Civic League Mrs. William Wilson Mr. Pete Kloppell Mr. Walter Martin Councilman Merrick made a motion, seconded by Councilman Holland, to uphold the recommendation of the Planning Commission and APPROVE the application of SEA BREEZE FARM, INC., for a variance to Section 4.4(b) of the Subdivision Ordinance. Voting: 5-6 Council Members Voting Aye: F. Reid Ervin, Clarence A. Holland, W. H. Kitchin, III, Dcnald W. @rrick, and Patrick L. Standing Council Members Voting Nay: John A. Baun, Vice Myor Harold Heischober, Barbara M. Henley, Reba S. @Clm=, @yor J. Henry @Coy, Jr., and @yera E. Oberndorf Council Members Absent: None -18 - ITEM #16084(a) Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of SEA BREEZE FARM, INC., for a variance to Section 4.4(b) of the Subdivision Ordinance, as per the following: Appeal frm Decisions of Adninistratiw Officers in regard to certain elements of the Subdivisim Ordinance, Subdivision for Sea Breeze Farm, Inc. Property located at the Northern extremity of S(Yuth Sea Breeze Trail. Plats with mdre detailed @ormtlon are a@ilable in the Departimnt of Plarm:mg. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot diniensions to conform to the Comprehensiw Zoning Ordinance. The applicant wishes to subdivide apprak@tely 2.2 acre site, located at the terminus of Soudi Sea Breeze Trail, into two (2) lots. Voting: 8- 3 Council Members Voting Aye: (for denial) Jolm A. Baum, F. Reid Ervin, Vir-e Myor Harold Heischober, Barbara M. Henley, Clarence A. Holland, Reba S. YICClanan, Myor J. Henry @Cay, Jr., and Yjeyera E. Obemdorf Council Members Voting Nay: W. H. Kitchin, III, Donald W. @ick, and Patrick L. Standing Council Members Absent: None -19- ITEM II-F.2 ITEM #16085 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. The following appeared in opposition: Mr. Roy Jackson Mr. Andrew Max Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of NATIONAL INDUSTRIAL REALTY CORPORATION for a Change of Zoning District Classification, as per the following: Ordinance upcn application of National Industrial Realty Corp., for a Change of t Classification from A-1 Apar@t District to B-@ ia-L District @certain property located cn the North side of 24th Street begirming at a point 200 feet East of Arctic Awnue, running a distance of 50 feet along the North side of 24th Street, rurming a distance of 192.50 feet along the Eastern property line, rurming a distance of 50 feet along the Northern property line and nmning a distance of 192.50 feet along the Western property line. Said parcel contains .22 acre. VIRGINIA BEACH BOROLRH. Voting: 9-2 Council Members Voting Aye: (for denial) F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. @Cl@, Mayor J. Henry @Coy, Jr., Donald W. @rrick, Dbyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Jolm A. Baum, and Clarence A. Holland Council Members Absent: None -20 - ITEM II-F.3 ITEM #16086 Mr. Richard-Browner, representing Mr. and Mrs. Marvin Overcash, Trustees, for R. E. Townsend Estate. Attorney Grover C. Wright, Jr., appeared in favor. 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 R. E. TOWNSEND ESTATE for a Change of Zoning District Classification, as per the following, subjeft-to t@e seven (7 ) conditions out ine in the City Manager's letter; AND, the inclusion of two (2) additional conditions, in addition to an addition to condition number five (5): 5. The developer is to provide his FAIR SHARE OF TBE OC)ST OF TRAFFIC SIGNALIZATION AT THE S= 'S MAIN (F= STP= AND CONSrT=ON), WITH THE CC)ST BEING D BY THE CTTY'S TRAFFIC ENG 8. TBE DEVELOPER WU-L BE RESPONSIBIE FOR OBTAINING THEIR RIGM-OF-WAY OVER THE SO RA@Y @ AND PRDVIDING TBE VE=S (WHERE TBE C= MKMAINS). 9. APPROVAL SU3JECr TO THE D-MO S WHICH ARE REQUMM BY THE FIRE PROTECRION OFFICE. ORD@CE LPON APPLICATION OF R. E. TOWNSEND ZC)18 539 ESEATE FOR A CHANGE OF ZDNING DISTRICR CLASSIFICATION FROM B-3 GENERAL-BLISINESS DISTRICT TO B-4 RESORT- CIAL DISTRICR BE Tr ORDA= BY THE COINCIL OF THE C= OF VIRGINIA BEACH, VIRGD;IA: Ordinance upon application of R. E. T@send Estate fcr a Change of _ring D.,its!rCict Classificatim fran B-3 General-Business @istrrct to 7 R,. mmrcial Distr@t m certain property located m the South side of the Southern Railroad Right-of-Way begiming at a point 850 feet East of Independence Boulevard, ruming a distance of 800 feet along the South side of the Southern Rai-Iroad Right-of-Way, rmning a distance of 250 feet in a Sautherly direction, ruming a distance of 500 feet in an Easterly direction, ruming a distance of 814 feet in a Sautberly direction, ruming a distance of 854 feet in a Southwesterly direction, running a distance of 112 feet in a North- easterly direction, ruming a distance of 680 feet in a Westerly direction, ruming a distance of 180 feet in a Nor@sterly direction, rumling a distance of 51 feet in a @sterly directim, ruming a distance of 110 feet in a Southwesterly direction, rumiing a distance of 31 feet in a Westerly direction, rlrming a distance of 45 feet rwre or less in a Soutlwesterly direction, ruming a distance of 622 feet in a Northerly directim , ruming a distance of 350 feet in an Easterly direction and rLrming a distance of 317 feet in a Northerly direction. Said parcel contains 35 acres. KEMPSVI= BOROUGH. Approwl is suhject to the foll@g provisions in conjunction with the intended use of the land: 1. Standard inprovements as required by the Site Plan Ordinance. 2. City water and sewvr. - 21 - 3. @e dewloper is to provide a pawd access to this site in accordance with City standards and specifications. This access should be to the North of the property. 4. The dewloper is to obtain all necessary filling, dredging, and wetlands permits frcm the appropriate federal, state and local agencies. 5. The dewloper is to provide his fair share of the cost of traffic signalization at the site's imin entrances, (Fifth Street and Constitutim), with the cost being determined by the City's Traffic Engineer. 6. 'Ihe applicant has mluntarily agreed to limit this project to 874 units. 7. If construction has not cammnced withiti a period of one (1) year, applicant has agreed to apply for a change of zcfning frcm B-3 General-Business District. 8. The dewloper will be responsible for obtaining their right- of-umy owr the Southern Railway and providing the iirprovenents, (which the City niaintains). 9. Approval subject to the itopro@nts which are required by the Fire Protection Office. This Ordinance shall be effective frorn date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. Yr-Clanan, @yor J. Henry @Coy, Jr. , Donald W. @rrick, Yjeyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None - 22- ITEM II-F.4 ITEM #16087 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the applications of THE OLIVER FAMILY IAND TRUST for Changes - Distr* ct Classification, as per the following, subject to t e of Zonlng I c.n3itl'-.ns outlned in ttie Uity Manager's letter: ORDU"CE LTM APPLICATION OF TBE CLIVER FAMILY 0018 540 LAM TRUSR RR A CHAN(M OF ZDNING DIMICT CLASSIFICATION FROM B-2 IAL-BUSINESS D=ICr '10 0-1 OFFICE DISTRICR BE IT ORDA= BY TBE OC)UICTL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ord@ce upm application of The Oliver Family Land Trust for a Change of District Classification frcm B-2 Ccmmity-Business D 3.ct t. r 0 i e District on c r 3.n property located on the West side of Northauptan Boulevard begiming at a point 200 feet wre or less South of Shore Driw , running a distance of 360 feet wre or less alcng the West side of Nor@ton Boulevard, running a distance of 490 feet in a Sout@sterly direction, rlrming a distance of 371 feet in a Northerly direction, running a distance of 125 feet in an Easterly di.rection, rlrming a distance of 345 feet in a Northerly directim, rurming a distance of 50 feet along the South side of Shore Drive, running a distance of 165 feet in a Sautherly direction and ruming a distance of 260 feet in an Easterly direction. Said parcel contains 4.03 acre. BAYSIDE BOROUCH. Approval is subject to the foll@g provisions in conjunction with the intended use of the land: 1. Standard inpro@ts as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of -vny irrpro-vemmts are necessary along Shore Drive; this includes pa@t widening, curb and gutter, sidewalk and drainage facilities. 4. Access is to be limited to Shore Drive. 5. The dedication of a variable width drainage easenient as shown an the plans for the Bayville Park Drainage Project an file in the City Engineer's Office. This Ordinance shall be effective from date of adaptim Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. 23 -- CRDEWCE LPCN APPLICATION OF THE OLIVER FAMRLY 7.018 541 LAND TRUST FOR A CHANCE OF MNING DISTRIcr CLASSIFICATION FRDM R-5 RESID@IAL DISTRICR TO 0-1 OFFICE DIM= BE TT ORDA= BY THE COUICD, OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordirimce upon application of The Oliwr Family Land Trust for a e of D t Classification from R-5 Residential ict t is ict an certain property located an the o@ 0 irdistr West side of Nortbanptan Boulevard begiming at a point 540 feet mre or less South of Shore Drive, rlming a distance of 447 feet along the West side of Northanptan Boulevard, ruming a distance of 324 feet in a Northwesterly direction and ruming a distance of 490 feet in a Northeasterly direction. Said parcel ccntains 1.77 acres. RAYSIDE BOROLRH. Approval is subject to the foll@g provisions in conjunction with the intended use of the land: 1. Standard @row=ts as required by the Site Plan Or@ce. 2. City vater and sewer. 3. Right-of-vmy bvrovenmts are necessary along Shore Drive; this includes pavenent widening, curb and gutter, sidewalk and drainage facilities. 4. Access is to be limited to Shore Drive. 5. The dedication of a variable width drainage easement as shown an the plans for the Bayville Park Drainage Project m file in the City Engineer's Offi-ce. This Ordinance shall be effective from date of addption Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. - 24 - Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Hollaad, W. H. Kitchin, III, Reba S. @Clanan, Mayor J. Henry @Coy, Jr., Donald W. Ye=ick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -25 - ITEM II-F.5 ITEM #16088 Mr. Wallace Vaughan appeared in behalf of his application Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of WALLACE M. AND BETTIE W. VAUGHAN for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Ranager's letter: ORDRWCE LPON APPLICATICN OF WALL4CE M. AND R018 356 B=IE W. VA FCR A CONDITIONAL USE F'OR A ME OCCUPATION (CH= CARE) BE IT ORDA= BY THE C)DUNCIL OF TBE CrrY OF VI:RG= BEACH, VTRGEQIA: Ordinance upon application of Wallace M. and Bettie W. Vaughm for a Cmditional Use Permit for a honie c)ccupation (chi-ld care) an certain property locate an tWest side of Brinson Lane begilming at a point 388. 85 feet North of Holladay Road, rlrming a distance of 83. 54 feet along the West side of Brinson Lane, rumiing a distance of 100 feet along the Northern property line, rl=ing a distance of 66.66 feet along the Western property line and rumitig a distance of 100 feet along the Southern property line. Said parcel contains .161 acre. RAYSIDE BOROUGH. Approval is subject to the foll@g provisions in ccnjuiction with the intended use of the land: 1. Ccnpliance with Article 2, Section 229 of the Conprehensive Zoning Ordhmce pertaining to @ Occupatims. 2. Approml is for a period of two (2) years. 3. Limited to a niaxi= of ten (10) children. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. Voting: 11-0 26- Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clman, @yor J. Henry McCoy, Jr., Donald W. @ick, @yera E. Oberndorf, and Patrick L. Standing* Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN STANDING VOICED A VERBAL "AYE". -27 - ITEM II-F.6 ITEM #16089 Attorney Nathaniel Cohen appeared in behalf of the applicant. Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of RAWLS ASSOCIATES, A VIRGINIA PARTNERSHIP, for a Conditional Use Permit, as per the following, subject to the conditions outline in t e City Manager's letter: ORDIMNCE = APPLICATION OF RAwLs ASSOCIATES, RD18 357 A VIRGINIA PAR HIP, FOR A ODNDLTIO@ USE FOR AN AUID REPAIR ESTABLISR= OR. QUICK LTJBE) BE IT ORDAMM By THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGEM: Ord@ce upon application of Rawls Associates, a Virginia Partnership, for a Conditional Use Permit for an auto repair establishwnt ft. Quick Lube) Gn certain property located m the West side of Great Neck Road beginning at a point 400 feet =e or less South of Mill Dmn Road, ruming a distance of 105 feet niore or less along the West side of Great Neck Road, rlrming a distance of 130.86 feet along the Southern property line, running a distance of 47.89 feet along the Western property line and rlinning a distance of 120 feet along the Nort:@ property line. Said parcel ccntains .22 acre. L VEN BOROUGH. Approval is subject to the followixig provisims in conjunctim with the intended use of the land: 1. Standard inprownmts as required by the Site Plan Ordinance. 2. City umter and sewer. 3. All repair wrk is to be perf@d within a building. 4. There is a 10-foot no parking setback and a screening hedge required along the Scuthern property line. This Ordinance sball be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. Voting: 11-0 -28 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischcber, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, btyor J. Henry @Coy, Jr., Donald W. Yerrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne -29 - ITEM II-F.7 OTEM #16090 Mr. James 0. Hertz appeared in behalf of his application Upon motion by Councilwoman Henley, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of JAMES 0. AND JACQUELYN W. HERTZ for a Conditional Use Permit, as per the following, subject to the conditions outline in t e City Manager's letter: ORD@CE ITON APPLICATION OF @S 0. AND R018 358 JACQUI'M W. BMTZ FOR A CONDLTIONAL USE PERMIT FOR A SINCLF-FA=Y DWELLING BE IT ORDA= BY TBE COINCIL OF TBE C= OF VIRGINIA VI-RG@: Ordinance upon application of Jams 0. and Jacquelyn W. Hertz for a Conditional Use Pe@t for a single-family dw-lling on certain pro- perty locate m East side of Muddy Creek Road begiiming at a point 1355 feet North of Drun Point Road, rurming a distance of 20.07 feet almg the East side of Muddy Creek Road, rumiing a distance of 1154.27 feet in an Easterly direction, running a distance of 98.65 feet in a Northerly direction, running a distance of 176.61 feet i-n an Easterly direction, rurming a distance of 297.72 feet in a Northerly direction, ruming a distance of 160 feet in a Easterly direction, running a distance of 340 feet in a Southerly direction, rurning a distance of 312.31 feet in a Westerly direction, running a distance of 95 feet in a Southerly direction and ruming a distance of 1175 feet in a Westerly direction. Said parcel contains 1.85 acre. PINGO BOPDUGH. Approval is subject to the foll@ provisims in conjunction with the intended use of the land: 1. Standard inpro@ts as required by the Subdivision Ordinance. 2. Septic tank use approwd pending receipt of an acceptable site plan, with the easternmost 50 feet reserved for the pla@t of a drainfi,-ld. 3. An 18-foot dedication along Yliddy Creek Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. Voting: 11-0 30 - Council Members Voting Aye: Jolm A. Batrn, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voti-ng Nay: Ncne Council Members Absent: None - 31- ITEM II-F.8 ITEM #16091 Reverend Steve Shoe appeared in behalf of his application Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit, as per the following, subject to the five (5) conditions out ine in the City Manager's letter: ORDMMCE LPON APPLICATION OF NEW LIFE R018;359 PRESBYTERIAN CHLRCH FOR A CONDITIONAL USE PER= FCR A CHLRCH BE IT CRDAMM BY THE COUICTL OF THE CITY OF VMGINIA BEACH, VIRGINIA: Ordinance upcn application of NEw Life Presbyterian Church for a Ccnditional Use Permit for a church m certain property located at the Northwest corner of Holland Road and Gowrnor's Way, n=ing a distance of 192.T feet along the North side of Holland Road, rum-iing a distance of 197.74 feet along the Western property line, r=ing a distance of 185.97 feet along the Northern property and running a distance of 170.52 feet along the West side of Gov=or's Way. Said parcel contains 1 acre nure or less. KEMPSV= BOROUGH. Approval is subject to the foll@g provisions in conjunction with the intended use of the land: 1. Standard inpro@ts as required by the Site Plan Ordinance. 2. City water and sewer. 3. Approval of a variance to the 3 acre minimn area requirermnts from the Board of Zoning Appeals. 4. Parking is to I)e provided at a ratio of 1 space per 5 seats or bench seating spaces in the Tmin auditorium. 5. Appro@l is for a period of two (2) years. This Ordinance shall be effective from date of adoptim. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of January, 1981. Voting: 11-0 32- Council Members Voting Aye: John A. BaLn, F. Reid Ervin, Vice Mayor Harold Heischober,* Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Myor J. Heriry @Cay, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Nc)ne Council Members Absent: Ncne *VICE MAYOR HEISCHOBER VOICED A VERBAL."AYE". - 33- ITEM II-F.9 ITEM 116092 Upon motion by Councilwoman Heriley, seconded by Councilman Baum, City Council voted to DEFER FOR ONE WEEK (19 January 1981), the Ordinance to amend and reordain Article 1, Section 107 of the Comprehensive Zoning Ordinance pertaining to Amendments; AND, the Ordinance to amend and reordain Article 2, Section 220 of the Comprehensive Zoning Ordinance pertaining to Procedural Requirements. Voting: 11-0 Council Members Voting Aye: Jolm A. BauTi, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, md Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 34- AN ORDINANCE TO ANEND AND REORDAIN ARTICLE 1, SECTION 107 OF THE CONFREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107, Amendments, of the C.Z.O. is amended and reordained as follows: 107. Amendments (h) Effective Date. Unless expressly exempted by City Council, each amendment to the Urdinance shaii become effective (30) days after its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. DEFERRED ONE WEEK: 12 January 1981 - 35- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 220, Procedural Requirements, of the C.Z.O. is amended and reordained as follows: 220. Procedural Requirements (e) Action by City Council. After receiving the recommendations of the City Agencies a-nd the Planning Commission, the City Council shall hold a public hearing and act upon the proposed conditional use, granting the application in whole or in part with or without modifications, or denying it. in addition to the general or specific requirements set forth in this Ordinance concerning the proposed use which shall be considered minimum requirements with respect to the permit, additional requirements, conditions and safeguards may be added by the City Council as required for the protection of public interests in the specific case. Unless expressly exe ted by City il' each con it3-onaI .e erN t appr.,ea bCyoPicty council shall become ettective thirty (-iu) days atter tfte ate o approval. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. DEFERRED ONE WEEK: 12 January 1981 - 36- ITEM II-F.10 ITEM #16093 COUNCILMAN STANDING LEFT COUNCIL CHAMBERS AT 4:55 p.m. Attorney Michael A. Inman appeared before Council requesting his clients' application be reconsidered and approved for a conditional use permit for single family dwellings in the AG-1 Agricultural District. This request had been denied on December 8, 1980. As no action was taken on Mr. Inman's request the previous action stands. 0 R D I N A N C E S ITEM II-G.l.a ITEM #16094 Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to authorize the acquisition of property for Landfill No. 2 property to be acquired in fee simple; the acquisition of property either by agreement or by condemnation and to appropriate the necessary funds for said acquisition of land or interest in said land for property for Landfill No. 2. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Heriry @Coy, Jr., Donald W. @ick, xid Yjeyera E. Obemdorf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing 1 /12/81 3 7- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY FOR LANDFILL NUMBER TWO PROPERTY TO BE ACQUIRED IN FEE SIMPLE: THE ACQUISITION OF PROPERTY EITHER BY AGREEMENT OR BY CONDEMNATION AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID 'LAND FOR PROPERTY FOR LANDFILL NAMER TWO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important Project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA B'EACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condenmation, pursuant to Section 15.1-236 et seq., and Section 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements as shown on the plans for "Proposed Landfill Development, Landfill #2," on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to 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. There is hereby appropriated sufficient funds to cover the cost of the acquisition, construction and other expense. Section 4. 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 Twelfth day of January, 1981. -38 - ITEM ii-G.2-a ITEM #16094 Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to enter into a contract totaling $14,100 with the Commonwealth of Virginia, office of Fire Services Training, to improve the fire services training facilities, and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice myor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Myor J. Heriry @Coy, Jr., Donald W. @rrick,- and @yera E. Oberndorf Council Members Voting Nay: Nme Council Members Absent: Patrick L. Standing *COUNCILMAN MERRICK VOICED A VERBAL "AYE". 39- AN ORDINANCE TO ENTER INTO A CONTRACT TOTALING $14,100 WITH THE COMMONWEALTH OF VIRGINIA, OFFICE OF FIRE SERVICES TRAINING, TO IMPROVE THE FIRE SERVICES TRAINING FACILITIES, AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to improve its fire services training facilities by purchasing a video-tape package; and, WHEREAS, the Office of Fire Services Training has awarded $6,900 of the cost of the desired video-tape package. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: THAT the City Manager is hereby authorized to accept the award and enter into the necessary contractual agreements for the City, upon approval of the contracts by the City Attorney as to form and legality; and, THAT funds are hereby appropriated in the amount of $14,100 for the Fire Department; and, BE IT FURTHER ORDAINED that the appropriation be financed by $6,900 estimated revenue from the Office of Fire Services Training and a local match of $7,200 from the City's General Fund Balance. This Ordinance shall become effective upon date of adoption. FIRST READING: 12 January 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981 - 40- B I D S ITEM II-G.3.a ITEM #16095 The following bids have been received for the Independence Boulevard, Phase II project: Contractors Paving Company $332,604.78 W. L. Birsch Construction Company $339,975.92 Suburban Grading & Utilities, Inc. $374,714.17 Jessee Construction Company, Inc. $380,323.09 Rea Birsch Construction Company, Inc. $430,520.77 Ames and Webb, Inc. $439,747.85 Warren Brothers $455,426.90 Engineer's Estimate $491,873.50 Upon motion by Councilman Holland, seconded by Councilwoman Henley, City Council voted to APPROVE the low bid of Contractors Paving Company, in the amount of $332,604.78 for the Independence Boulevard, Phase II project; AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischcber, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. btclanan, Mayor J. Heriry McCoy, Jr., Donald W. Yierrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -41 - U N F I N I S H E D B U S I N E S S ITEM II-H.1 TTEM #16096 Mayor McCoy requested information as to when the Taxi Cab Resolution would be coming before City Council. The City Manager advised Council the Resolution will be coming to Council after the Norfolk City Council has taken action on the matter. N E W B U S I N E S S ITEM II-I.1 ITEM #16097 Councilwoman Henley advised Council of the excellent Annual Report received from the Perso-nnel Board as the information received was very beneficial. ITEM II-I.2 ITEM #16098 Councilwoman Henley requested an INFORMAL BRIEFING SESSION be held for the discussion of Conditional Zonings. ITEM II-I.3 ITEM #16099 Upon motion by Councilwoman Henley, seconded by Councilman Merrick, City Council voted to hold a PUBLIC HEARING on 26 January 1981 for the purpose of considering a proposed amendme-nt to the City Charter concerning "bond indebtedness" of the City of Virginia Beach. -42- P U B L I C N 0 T I C E Public Notice is hereby given that the Council of the City of Virginia Beach, Virginia, will hold a PUBLIC HEARING on the 26th day of January, 1981, at 7 o'clock p.m., in the Council Chambers of the City Hall Building for the purpose of considering the proposed amendment to the City Charter and submitting same to the General Assembly. Be it enacted by the General Assembly of Virginia: 1. That Section 6.05.1 as amended of Chapter 147 of the Acts of Assembly of 1962 is amended and re-enacted as follows: Section 6.05.1. Authority for issuance of Bonds. No bonds of the City shall be issued until their issuance shall have been authorized by an Ordinance adopted by the affirmative vote of two-thirds of all members of the Council and approved by the affirmative vote of a majority of the qualified voters of the City voting on the question at an election called and held for the purpose in the manner provided by law for submitting any question or proposition to the voters; provided, that Bonds and other Obligations shall not be subject to the foregoing requirements if they are of a type excluded from the computation of indebtedness of Cities and Towns under Section 10(a) of Article VII of the Constitution and are authorized and issued so as to satisfy the conditions for exclusion set forth therein; provided, further, that the Council may, without submitting the question of their issuance to the qualified voters, issue Bonds or other Obligations in any calendar year for any proper purpose in such amounts as shall not increase the total indebtedness of the City, as determined in the manner set forth in Section 10(a) of Article VII, by more than Ten Million Dollars above the amount of such indebtedness at the beginning of such calendar year. For the purpose of this Paragraph the terms "Bonds", "Other Obligations", and "Indebtedness" shall not include contractual obligations of the City other than Bonds and Notes. - 43- For purposes of computing the annual limitation on the amount of Bonds or other Obligations that may be issued without a Referendum, authorized and unissudd Bonds or other obligations which could have been issued without a Referendum on December 31 in the year they were authorized may be issued in a subsequent year without affecting the annual limitation for such subsequent year. The total indebtedness of the City as determined in accordance with the provisions of Article VII, Section 10 of the Constitution shall not at any time exceed ten percentum (10%) of the assessed valuation of the real estate in the City subject to taxation, as shown by the last preceding assessment for taxes, nor shall the limitations imposed by the preceding Paragraph on the issuance of Bonds or other Obligations in any calendar year without a Referendum be increased, until after such questions shall have been submitted to the voters of the City in a Referendum held pursuant to Section 3.09 of this Charter. 2. That an emergency exists and this act is in force from its passage. Citizens who desire to address the City Council regarding the proposed amendment should register their names with the Office of the City Clerk on or before 5:00 p.m., on Wednesday, January 21, 1981, or register with the Deputy City Clerk at the City Clerk's desk in the Council Chambers before the opening of the Public Hearing at 7:00 p.m., on Monday, January 26, 1981. Ruth Hodges Smith City Clerk City of Virginia Beach 4 47 Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McCl@, @yor J. Henry YicCcy, Jr. , Donald W. @rrick, @yera E. Oberndorf Council Members Voti-ng Nay: Ncne Council Members Absent: Patrick L. Standing - 4 5-- ITEM II-I. 4 ITEM #16100 Councilman Baum requested the City Manager prepare a Resolution to the Southeastern Virginia Planning District Commission requesting Cou-ncilwoman Oberndorf be appointed as Vice Chairman of the Executive Conunittee. A D J 0 U R N M E N T ITEM II-I.5 ITEM #16101 Upon motion by Councilman Merrick, seconded by Councilman Holland, and by ACCLAMATION, the meeting adjourned at 5:30 p.m. A- Diane M. Hickman, -Kift-h -H-odges S th, City C er r@y, D. S. City of Virginia Beach, Virginia 12 January 1981 dmh/wb