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JUNE 3, 1985 MINUTES Cit@ c),f 'Vijrg;ii-ii" ,IWORLD'S LARGEST RESORT CITY" CnT COUNCIL MA YOR HAROLD HEISCHOBER, At VICE-MA YOR REBA S. M@CLANAN, P.,.. A. @,h JOHN A. BAUM, Bi.@@ @gh NANCYA. CREECH At @ ROI"T E. FE@. V@ B..h B.gA BARBARA M. HENLEY. P..g. @gh H. JACK JE,\WINGS, JR., L@.*- B-gA LOUIS R. JOAWS, Byid. @gh ROBERT G. JOAWS, AI @ 04UR N J. HENRY M@COY, JR., Kw@ Bgh ME@ E. OBERNDORF, At L.,g@ 281 CITY HALL BUILDING MLWICIPAL CENTFR RUT'H HOEGES SMRTH, CMC, Cty Ck,k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGRNIA 2.U$6 1804 427@4MS June 3, 1985 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Larry Shoaf Virginia Beach Community Chapel B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of May 20, 1985. G. PRESENTATION 1. Resolution of Commendation to Virginia Beach Public Schools H. PROCLAMATION 1. Hurricane Awareness Week - June 3-9, 1985 I. PLANNING 1. Application of Gaston F. Dough, Jr. and James Gallagher for a change of zoning from A- 1 A ELrtment District to B-4 Resort-Commercial District on a 1,000_s quare toot parcel located on th@ north side of 15th Street, west of Pacific Avenue (Virginia Beach Borough). This application was deferred from the May 13, 1985, Council Meeting. a. Letter from the City Manager transmits the recommendation of the Planning Commission for oval- J. ORDINANCES 1. Ordinance to amend and reordain Section 6-5 of the (,ode of the City of Virginia Beach, Virginia, pertaining to dogs on beach. This item was deferred May 20, 1985. 2. Resolution authorizing the enlargement of the nonconforming use located at 1608 Princess Anne Road (property of David and Laurie Clinton, t/a Almost Pungo Restaurant). 3. Low bid of Conrad Brothers, Inc. in the amount of $9,287,500 for the Central Library Project (CIP 3-905). p a. The City Manager recommends that all bids be rejected and that the project be brought within current funding prior to rebidding. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed -and voted upon separately. 1. Resolution as First Citizen of Virginia Beach to Alfred T. 'Skip' Wilkins. 2. Resolution authorizing lease renewal for the parking area adjacent to Mount Trashmore Park for the United Way Family Center. 3. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Walton Drive and Providence Road, to Fairfield Civic League, its assigns and successors in title. (Kempsville Borough) 4. Ordinance to authorize and direct the City Manager to execute a cost participation agreement to improve so unnamed street off Hurds Road. 5. Ordinance to transfer Capital Project Funds of $690,607 from Project #2-804 North Beach Storm Drainage-Phase II to other highway projects to match appropriations with expenditures in preparation for close out. 6. Ordinance to transfer $55,600 from the Police Department to share in cost of developing a Regional Physical Standards Project for police and fire entry and promotional positions. 7. Ordinance to transfer $153,555 in Fiscal Year 1985-1986 appropriations from the Office of Emergency Services to the Police Department for the operation of the Helicopter Program. 8. Ordinance on SECOND READING to appropriate $14,193 from the General Fund's Unreserved Fund Balance to reimburse Volunteers of America for property taxes (real estate). 9. Ordinance appointing viewers In the petition of the City of Virginia Beach for closure of portions of 22nd, 23rd, A and C Streets. (Virginia Beach Borough) 10. Certificate of Public Convenience and Necessity: Beach and Coastal Cabs, Inc. 11. Ordinance authorizing tax refunds in the amount of $2,953.72 upon application of certain persons and @ipon certification of the Treasurer for payment. 12. Ordinance authorizing license refunds in the amount of $478.95 upon application of certain persons and upon certification of the Commissioner of the Revenue. L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Authorization for the City Manager to enter into the necessary contracts for Group Health Care coverage for Municipal Employees. 2. Virginia Beach Hurricane/Flood Transportation Evacuation Study: Presentation by Mr. R. Lee Eskey, Emergency Services Coordinator. 3. Quarterly Report on Capital Projects for Period Ending March 31, 1985. 4. Interim Financial Statements for the period July 1, 1984 through April 30, 1985. N. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 3, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, June 3, 1985, at 1:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Meyers E. Oberndorf Councilwoman Oberndorf was attending a National League of Cities Conferen,@e over the weekend and was in New Jersey on business June 3, t985 ITEM 23681 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property own@!(i i,r desirable for ownership by such institution. 3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest@ of the governmental unit would be adversely affected. 4. LEGAL MATTERS; Consultation with legal counsel or briefings by staff members, consultants, or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of thc- public body. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry Mc(@c)v, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf June 3, 1985 3 R E G U L A R S E S S L 0 N VIRGINIA BEACH CITY COUN(:LL .June 3, 1985 2:12 P.M. Mayor Harold Heischober Called to order the Regular Sessic@n of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, June 3, 1985, at 2:12 in the att-t@inoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and J. Henry M(@Cov, Jr., D.D.S. Council Members Absent: Meyera E. Oberiiclorf INVOCATION: Reverend Larry Shoaf Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED-STATES OF AMERICA June @, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE A(;ENDA Item 11-D.1 CONSENT AGENDA ITEM # 2368-1 The City Manager referenced an Ordinance to transfer $55,600 from the Police Department to share in cost developing a REGIONAL PHYSICAL STANDARDS PROJECT for police and fire entry and promotional positions (See Item 11-K.6 of the Consent Agenda). This iteip will be pulled for iiscussioLi. Item 11-D.2 CONSENT AGENDA ITEM # 23683 Councilman Fentress referenced an Ordinance to authorize a temporary ENCROACHMENT into a portion of the rights-of-way of Walton Drive and Providence Road, to FAIRFIELD CIVIC LEAGUE, its assigns and successors in titl@,. (Kempsville Borough) (See Item 11-K.3 of the Consent Agend@i@. The City Manager advised the purpose oi tli(, Eiic r-( @i(, timent I @ f or an Id entif ic ation Sign in the neighborhood. Item II-D.3 NEW BUSINESS ADD/ON ITEM # 23684 The City Manager requested an ADDITION to the AGENDA under NEW BUSINESS of a Presentation by Michael Barrett, Assistant City Manager, and Director of the Virginia Beach Resort Area Advisory Commission, ((,ticerning Stub-end Streets. The City Manager will present a proposal by ES(; ENTERPRISES concerning a parking facility by ESG ENTERPRISES on Birdne(,k Road. ,June 5, 1985 Item II-F. I MINUTES ITEM 23685 Upon motion by Councilwoman Henley, seconded by Councilman McCoy, City Council APPROVED the Minutes of May 20, 1985, w@th the following corrections: ITEM # 23641 - Page 11 - ORDINANCE UPON APPLICATION OF GENERAL EDISON ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE GAS STATION R0585747 Under Condition I., the following shall be inserted after General Booth Boulevard "/Oceana Boulevard": 1. The access point will be provided, ingress only, thirty to thirty-five feet on Parcel One, fronting on General Booth Boulevard/Oceana Boulevard; AND, no other access except the one major access to the shopping center wit]. be allowed, ITEM # 23655 - Page 26 - ORDINANCES The word "SUBSTITUTE" shall be inserted after Upon and before MOTION on the first line of the first paragraph as per the following: Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED an Ordinance declaring the SAJO MANOR HOUSE PROPERTY EXCESS; AND, AUTHORIZING the City Manger to dispose of same, as well as approving the THIRD ALTERNATIVE presented by the Di- re-,tor of Planning concerning DEDICATION of "open 3pace" @ii the amount of 2.88 atres. Voting: 10-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S, Council Members Voting Nay: None June 3, 1985 Council Members Absent; Meyera E. Oberndorf 6 Item 11-G. I PRESENTATION ITEM # 23686 Mayor Heischober PRESENTED a RESOLUTION OF COMMI,"NDATION LO: VIRGINIA BEACH PUBLIC SCHOOLS This RESOLUTION was ACCEPTED by Dr. E. E. Brickell, Superiitendent of Schools, and Miss Stephens Runyan, Instructor in Fine ArLs. This RESOLUTION recognized the outstanding honor of having the Virginia Beach Public School system's Art Education Program re(:c,gnized as an exemplary program by the J. PAUL GETTY CENTER FOR EDUCATION IN ['HE ARTS. 1600 School Systems were nominated for this Study of ART EDUCATION PROGRAMS. Miss Runyan's program was the only one in the nation that met all three criteria established by the ;. PAIII. GETTY CENTER FOR EDU(;AL ION IN T@iE ARTS. ,June I, 1985 - 7 - Item II-G.2 PROCLAMTION ITEM # 23687 Mayor Heischober PROCLAIMED the week of June 3 - 1), i985, as: HURRICANE AWARENESS WEEK This PROCLAMATION URGED citizens to prepare themselves for emergency situations which may arise during the HURRICANE SEASON. This PROCLAMATION was accepted by Lee Eskey, Director ol- Emergency Service@i. June 3, 1985 WHEREAS, hurricanes are dangerous storms capable of devastating the areas over which they pass and producing a high threat to the lives and property in these areas; and WHEREAS, Virginia Beach, being a coastal community, is a high risk area with its entire eastern and northern boundaries exposed to the devastating effects of a hurri- cane and interior portions exposed to flooding and/or wind damage; and WHEREAS, for the protection of the citizens of Virginia Beach and their property, it is important that they be made aware of the dangers associated with these storms and how to protect their lives and property through advance recognition and prepara- tion; and WHEREAS, the City of Virginia Beach, Office of Emergency Services, is responsible for efforts directed towards educating the general public regarding the dangers associ- ated with hurricanes; and WHEREAS, June I marks the official beginning of the hurricane season. NOW, THEREFORE, 1, Harold Heischaber, Mayor of the City of Virginia Beach, do hereby proclaim June 3-9, 1985 as HURRICANE AWARENESS WEEK in Virginia Beach and urge citizens to prepare themselves for emergency situations which may arise during the hurricane season. Given under my hand and seal this third day of June, nineteen hundred and eighty-five. Harold Heischober Mayor Junf@ 3, 1985 8 item 11-1.1. PLANNING ITEM # 23688 Richard L. Grimstead, IAI, Architect, represented the application This application was DEFERRED for three weeks @it the City Council Meeting of May 13, 1985, for an AGREEMENT regarding the voluntary restrictions to be submitted by the applicant. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of GASTON F. DOUGH, JR., AND JAMES GALLAGHER for a Change of Zoning as per the followirg: ORDINANCE UPON APPLICATION OF GASTON F. DOUGH, JR., AND JAMES GALLAGHER FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-4 Z0685980 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Gaston F. Dough, Jr., and James Gallagher for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on Lots 11, 13, and 15, Block 20, Virginia Beach Development Co. Said parcels are located at 311, 313, and 315 15th Street and con- tain 21,000 square feet. Plats with more detailed in- formation are available in the D partment (it Planning. VIRGINIA BEACH BOROUGH. The following condition sli@ill be required; 1. The applicant has voluntarily agreed Lo restrict development of this parcel to dwul[iiig or l(@dging units oniv. This Ordinance shall be el fective upon the (tatt )!- adopticn. Adopted by the Council of the City of Virginia Bea(,h, Vireinia, on the Third day of June, Niiiet,e-e-n.Hundred and Ei@@ Live. Voting: io-o Council Members Voting Ay(@: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G, Jones, Vice Mayor Reba S. MeCianan, and J. Henry M(,C;o@, Ir., D.D.S. Council Members Voting Na,: None Council Members Absent@ Meyers E. Obernclorf Jtjne 3, 1985 9 Item II-J. I ORDINANCES ITEM # 23689 Elizabeth Sills, representing the SPCA, the Virginia Federation of Humane Societies, Inc., and the Tidewater Humane Society, spoke concerning the Ordinance and believed a Class I Misdeamor was too stringent, but otherwise agreed with the Ordinance Attorney Bruce G. Murphy, opposed to DOGS ON THE BEACH, referenced Ordinances from Atlantic City; Cape May, New Jersey; Rehoboth Beach; Ocean City, Maryland; Kitty Hawk; Kill Devil Hills; Nags Head; and, Wrightsville Beach. Mr. Murphy suggested this existing Ordinance be strenghtened by having a "container in possession" amendment to same. Betsy C. Wilshire, 4800 Ocean Front, spoke in support of Attorney Murphy's comments. Attorney William Harris, resident of 44th Street, opposed to DOGS ON THE BEACH referenced there had been ao attempt to enforce the present ordinance. The City Clerk read the following names into the record in favor of the Proposed Ordinance to amend and reordain Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining to DOGS ON THE BEACH: Elizabeth Jones Cassandra Norsworthy Betty Lee Kathryn Lee Elizabeth H. Brown Bertha Estes Debra L. Carper Tamra Lynne Brown Sy Brown Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance, as further AMENDED*, to amend and reordain Section 6-5 of the Code of the City of Virginia Beach, pertaining 'I@o DOGS ON BEACH. *The following section was ADDED to said Ordinance. (d) Notwithstanding the above, it shall be unlawful for any person who owns or has control of any dog to be on any public sand beaches within the City, at any time, unless such person shall have in his possession a container of sufficient size and adequate design to remove and dispose of sit feces deposited t-hereon by such dog, in accordance with the provisions :,f subsection (c). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert (I. Jones, Vice Mayor Reba S. McClaiian, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf June @@, 1985 - 9a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DOGS ON BEACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-5 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained pertaining to dogs on beach as follows: Section 6-5. Dogs on beach. (a) It shall be unlawful for-any person who owns or has control of any dog to permit such doq to be-on the public sand beaches, the boardwalk or the grassy area west of the boardwalk to the-property-lines from Rudee Inlet on the south to- 42nd Street on the north during the period from May fifteenth thro gh September thirtieth of each year, such period hereinafter referred to as the "-season." (b) It shall be unlawful for-any person who owns or has control of any doq@g_permit such dog to be on any other public sand beaches within the City during the season, provided, however, that such dog may be permitted on said beaches in the- custody of or under the control of a responsible person durinq the season between the hours of 7:00 p.m. and 9:00 a.m. the following day. fb@ (c) Any person owniitety-4avinq who owns or has control -June 3, t98'i - 91, - of et--har-6eL-inq-a any dog shall not eali5eT-SUf-FeL'-OL'-&I-I-OW permit such dog to litter "e any public -and beacheST within the City or to litter the boardwalk and or the grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on tli(, north, at any time during t@)e season or at any other time. In this c,\7ent such dog shall defecate on the public sand beaches within the City, or on the boardwalk and or th(@ grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on the north at any time, the person ownimgT-4aving who owns-or-has control of eL--4aL-beL-i-ne) such dog sh a I I immed i ate I y remove a II f deposited thereon by such dog and dispose of same in a sanitary manner approved by the department of public health, such as by encasing same in an airtight wrapper or container and placing same in a garbage receptacle. Failure to so remove said feces in accordance with the provisions of this subsection shall constitute a Class I misdemeanor. (d) Notwithstanding the above, it shall he unlawful for any person who-, owns or has - co,ntrol -, c)f any doci to permit such dog to be on any public sand beaches within the City, at any time, unless such person shall have in his possession a container of sufficient size and adequate design to remove and dispos(, of all feces deposited thereon by such dog in ac cordance with the provisions of subsection (c). Adopted this 3 day of June 1985, by th(@ Council of the Cit@ of Virginia Reach, Virqini@i. RMB/da misc 5/28/85 6/3/85 AS AMENDED ,June 3. 1985 -2- - 10 - Item 11-J.2 ORDINANCES ITEM # 23690 Upon motion by Councilwoman Henley, seconded bv (:ouncilmiti Baum, City Council ADOTPED the following Res(@Lution: RESOLUTION AUTHORIZING 'THE ENLARGEMENT OF THE NONCONFORMING USE LOCATED AT 1608 PRINCESS ANNE ROAD (PROPERTY OF DAVID AND LAURIE CLINTON, T/A ALMOST PUNGO RESTAURANT). Councilwoman Henley made the MOTION with the understanding that if the Clinton's were not in agreement with some of the site plan improvements that may possibly be required, they could APPEAL to the City Manager. The City Manager would have the option of WAIVING those improvements if deemed too restrictive for this particular area. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, RoberL (;. Jones, Vice Mayor Reba S. McCla;aan, ind J. Henry McC@)@, jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf June 3, 1985 - 10a - RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE NONCONFORMING USE LOCATED AT 1608 PRINCESS ANNE ROAD (PROPERTY OF DAVID AND LAURIE CLINTON, T/A ALMOST PUNGO RESTAURANT) WHEREAS, David Clinton and Laurie Clinton, the "Owners," desire to construct a 468 square-foot addition to their restaurant, known as Almost Punqo Restaurant located at 1608 Princess Anne Road, Virginia Beach, Virginia, shown as the shaded area on the attached drawing labeled 'EXHIBIT A," a copy of which is attached hereto and made a part hereof; and WHEREAS, the present use does not conform to the provisions of the Comprehensive Zoning Ordinance because restaurants are not allowed in the AG-2, Agricultural District; and WHEREAS, pursuant to S105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use if Council finds that the use as enlarged or extended is equally appropriate or more appropriate to the zoninq district than is the existing nonconformity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use located at 1608 Princess Anne Road, Virginia Beach, Virginia, as shown on Exhibit A, is equally appropriate or more appropriate to the zoninq district in which it is located than is the existing nonconformity; and the City Council hereby authorizes the enlargement. or extension of the nonconforming use in the manner shown on Exhibit A, provided Owners comply with the City's standard site plan review. Adopted by the Council of the City of Virainia Beach, Virginia, on 'June 3, 1985 Ci/da 5/29/85 - (5) Jtiiie 3, 1985 EXHISIT A Item II-J.3 ORDINANCES ITEM i@ 23691 A MOTION was made by Councilwoman Creech, seconded by Councilman Baum, to ACCEPT the recommendation for negotiation with the LOW BIDDER, CONRAD BROTHERS, INC., to bring the bid for the CENTRAL LIBRARY PROJECT (CIP 3-905) into conformity with cost estimates. The Staff will return with their recommendations for ne- gotiation within three weeks. The Architect, Lazio Aranyi, in a letter Lo City Council dated May 30, 1985, recommended negotiation with the Low Bidder as same was a reputable builder. CONRAD BROTHERS would work in concert with the Al-chite(,t and the City. (Said letter is hereby made a part )f the re(-ord). Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilman Jennings, City Council ACCEPTED the City Manager's recommendation to REJECT ALL BIDS for the Central Library Project (CiP 3-905), as there are not sufficient funds to cover the cost of this project. The project is t@) be brought within current funding prior to rebidding. Voting: 5-4 Council Members Voting Aye: Barbara M. Henley, H. Jack Jennings, 3r., Louis R. Jones, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, and Mayor Harold Heischober Council Members Abstaining: J. Henry McCoy, Jr., D.D.S. Council Members Absent: Meyers E. Oberiid(@rf Councilman McCoy indicated he was ABSTAINING and was neither pro nor con, but believed this project should wait. June 1, 1985 t 2 Item II-K. CONSENT AGENDA ITEM # 23692 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council APPROVED in ONE MOTION Items I through 13 of the CONSENT AGENDA with the exception of item 6 which was voted on separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert (;. Jones, Vice Mayor Reba S. McClarian, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf June 3, 1985 - 13 - Item II-K.1 CONSENT AGENDA ITEM # 23693 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED a RESOLUTION OF COMMENDATION to: ALFRED T. "SKIP" WILKINS First Citizen of Virginia Beach Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and J. Henry McC:oy, Tr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf 1985 1 3, - ALFRED T. "SKIP" WILKINS FIRST CITIZEN OF VIRGINIA BEACH WHEREAS: The Virginia Beach Jaycees annually select one citizen whose contribution to the City is outstanding and worthy of being designated FIRST CITIZEN OF VIRGINIA BEACH WHEREAS: In 1967, three days after graduation from Princess Anne High School, "Skip" Wilkins was an eighteen year old avid sportsman eager to excel when fate dealt him a horrible blow. He was injured in a water skiing accident and paralyzed in all four limbs which left him a quadriplegic confined to a wheelchair for the rest of his life. Then "Skip" discovered an area he thought had been denied him forever. He went on to college and graduated from Virginia Wesleyan with a Bachelor's degree in Psychology in 1973. He began competing in wheelchair sports in 1974. WHEREAS: By 1979, "Skip" won the World Wheelchair Shotputting Championship and in 1980 was named the NATIONAL WHEELCHAIR ATHLETE OF THE YEAR. Today he is recognized among the "best in the world". He has been selected eight times to compete with the U.S. Wheelchair Team in International, Pan American and Paralympic meets. Re is the recipient of many awards, including the Jack Gearhardt Award as the nation's Athlete of the Year in Wheelchair Sports; Sportsman of the Year in Norfolk Sports Club and the Virginia Beach Sports Club; Athlete of the Week, NBC TV Today's Show; Outstanding Young Man of Virginia; Paul Harris Fellow, Rotary International; Volunteer of the Year, City of Virginia Beach; and, member of the Virginia Beach as well as the White House Committee for the Handicapped. WHEREAS: The history of America is one of a nation dedicated to a commitment of individual initiative, a competitive spirit and an intense pride in achievement - "Skip" Wilkins is the ALL-AMERICAN. His family's support and love have sustained him, encouraged him and brought purpose to his life. He has married, maintains his own business and recently authored his own book, "The Real Race". NOW, THEREFORE, BE IT RESOLVED: That this Resolution be framed for presentation at the Annual Jaycees First Citizen Award Banquet May 29, 1985, and a copy spread upon the proceedings of the Virginia Beach City Council at its Regular Sesssion June 3, 1985. Given under our hands, 3, 1985 1 4 Item II-K.2 CONSENT AGENDA ITEM # 23694 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED a Resolution authorizing lease renewal for the PARKING AREA adjacent to MOUNT TRASliMORE PARK for the UNITED WAY FAMILY CENTER. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClatian, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf 1985 14@t - A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 3 day of June 1985. On motion by Councilman Fentress and seconded by Councilwoman Creech o@i@ l@n@Resolution was the adopte R E S 0 L U T I o N BE IT RESOLVED BY THE COUNCIL OF THE '-ITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to notify United Way Family Center, Inc. by letter, that the existing Agreement of Lease between the City of Virginia Beach and United Way Family Center, Inc., dated the 23rr] (lay of Tune, 1981, i'l connection with the City property used for parkinq adjacent to the United Way Family Center, Inc., located at 4441 South Boulevard in the City of Virginia Beach, Virginia, is hereby approved to be extended for an additional period of four (4) years and Eleven (11) months on the same terms and conditions as set forth in said lease between the parties. The new term shall t@ommence upon the expiration of the present term. Adopted by the Council of the City of Virginia Beach, Virginia, on June 3, 1985. WCB/re 5/2 8/8 5 (2) AP DEPARTPA@-R J I AOPROVED AS T FCRM ST@IURE CITY ATFC)RNEY ,UUCP 3, 1985 1 4t) t@) @_3' (i@iy (of I ') @i I , I)y I t wt II I I i't @ I rJ I A it II , V I l@(i I 'J I A III I I I) I C i I) a I I t- I ( i- r i-(] tk) , I @, I t - @; @, @ i ri I ttit I lr4 I '!'[:f) WAY I AtA I 1,@' I?Irl t-,] i r) i i (,or [)or @i t i ( )II II,, i li@i f t @ r i t I (@ r t t I@, [@@ @ I11, WIIF l@l A!@ li,i-; II ti (i(,t(@(i i recreatioii,il fl(- i I i ty on ts p r(,I)t@ t t ,, Hi @ti t t- I II, I I I t I i i@(ju I (, v a r(i d r)@i a, I ri t to ttit@ i-col,(2rLy )wii(-,] l@y t t,liti I)y 01 ivt-r, @iiiiLli i ri, I )I Ai (,II i te(-,t s P I itiilt@l N@ir f )Ik jti(i 'Y i t:1 i ri i a ,V I II I I -i , 1) Lillll)e t-e, I , ('- 1) @i ri, I A - 2,1 @i,it( (I Iuly .@ 3i @ I,1 9 7 I ; w I I i (,II I: iti.-otl)oritt@ti I I L - I 4 ' I II I r I, I iii,i, 1, a i),jrt lit t(of tri(i wliik-l@ t, li@-r(@itiaf @(,r @7allk!,] "t@,(, [,(,!isee to(,at,, an a(i(iitioll@ll J)d t @@ I [I'] ar(,It tc) St-,rvt, it@; fa@-il,ity kil)t,fi -()rltiqLl()US [)rc)port@, c,wfit@,i f)y tti,. a,,, @@iiowii on t@)e I @l -I ri F) ,i,i !,Color is prol,t@rty to 1)(2 :@o uti li zt2(i try I t upon ttie (,xl)res.,; ct)ri(i it ion t lit t E,essor SLI l@ C' 0 t S i i (i [)I (-)[)(, ITVSll I I I L) L@ nc)ti-exc 1 [A S i v(@ anti t 1) a t said I)io[)(-rty will t)(, oper, to the patrons of 1,Lssee's f,icility anti 11:,o tC) (-ity and the general public. NOW, f(it tti(i Li% consideration of tti(, @lii,l tfi(- llt,r(lill@itt..r I c@@)TIsideratioris I)as@;lll(l t coiltairifl(I lit,r(lill, 3 i) I 'A S t F-, t I @ )iTt I tt)(@ i)(-JOW (i' I i)("i I,,r @i t,uct@t)y iiii,i 11(@inisu to I,( iok@'@ @i( I I'@ly in@l Ik,t from ty i 1,@, I (@ii t[it, fil,in,3 .June 3, t985 - ]4c ()I i@7t'r, @@ll I t 11 II), I('t No r t f , I Vii-Iiiiii,i [it A--14 19/4 it @@i i,l@tri:i 1-i "('ity I I'M I I 1)(@ t @.)uL 4 111(ii) t )li; II(] on t.fle (],I t(' til i I c is I)t () k? i,i( li(@w(,v(@t-, that in flio i,v(@lit tii,it- ticc, i(it.@; to (,ori@trii, t I It I, i)Ui III iii(I (II)OII @;,Ai(i tl, too f uttitt, U:I.@ t)Y t-lit, ('i t 'Y' (If II') if) i II B(@'d c II, l.es St )I c@lla I I I;,ivt@ ti),' L i(jilt ti) t I )[I i li,i t,@ t [it 11 til@oll iiii)(fty (90) (iAy'@ Wt-it tt-11 liot ice to WI) icli WI I t t ;t I ('(@ Final I inc I ij(l(' k I 0(7 Llillk?fit at. I t f,t-s @;o t @ I ri t t i, t Ili to ('!)list LLiCt- @,t i(I I tY @)u i I,-i iriq t I)t@ l(l@i,,;e@i ,t i l@ 1. N'I' I,(@! ".,i t Ici t t o C()tl!i t rut-@ t dilci Ili,,] I it t a I II t I LA I ri @),t I [1,4 c c i t @, i'@!; , )I I t I I C,-Il@ i -1 k.(i I)rc@in i se.9 , I I c I LI(] i I I(] t I t r i ziti I)t I i(l(,, as @3tiowii oil I [I(- iic)to@iiieiitioiie(i I)t@i I!,, w@licti a L)t, uine t lie 1) r(jl)t, c t Ili, s @ 0 r I t I I(-) cc) ,@ t tu I,u s s o r a(ld i t i on t o ('o I I @i t r uc t i tiq i ii(i ni I 1 ii t. ci i n i iiq t lie, se iitll)r (lv,., me n t s WI I i t, lia v e a n a pt) ro x i nia t @-@ v a 1 u(-, o t t@ I I t , U'wo I'lio u s a nd I)o I I i - s ( $ 5 2 , 0 0 0 . 0 0 ) I,,! s See aq ree!; t I ,,I t ti4t- usL@ of these 1),jri@ Lnq taciliti(2t; I()c it(-@d oil tl)t@ I,( t; 1)r(@i)erty shall t)C@ ILis i ,iii,i thit fit itic)n to I)fl Ili,] )I t'li Lo I)atrons of l,es!sf,e tht,y !@lia I I i I So 1) to t'i I y :; @111(i to tll(' il I,' ,II II I'@ LI I) i t@C t t @;C-) II LI t II I)[1@; t)V 4 t (I lll,jilitairi in t lit! t i 1) 0 0 0 1) 0 1) I 0 1 1 t(I . 0 0 I,, )(I I I y i if I Li c I n L' I u,l I n(i (lea t II a not .' @@ 1) LI 00 0 f () I I,t 1)@ , I to protect I lie @)@t t ies li,-r - t ci(ii I @i! I JILII)L I(- I I ,it] I If I ]!;]till ()@lt f)f ally ZiCt ivity ,Runs 3, 1985 [4d w it I I 1, II II III y !@ LI(:II -;III ci)@@ t of t f I Ii@i t j U(I (I l!l(ll) t @)e I [),I obt,A irie(i i,i.i I r), f ii,it fitly or ioill ly wit[) @t@e , ttit,!i w I I I I i kl(t' I ]II, @ It wit11 III )-,t III] 'II III It@ @i@, t Iit I-, t I tile tol low III i,iii,it lit-"! 'ill(i @se a I s, I I 1; @VAY I'AMILY A'I"I'VI"; T t a r NIA W:A() @Illi(',INIA fly @ )r//@ --- c @-C t 6 APPROVID 11.5 TU '@'i I( NA I CjiY Aii'-)"'@!LY ,Tune 3, 1985 - 15 - Item II-K.3 CONSENT AGENDA ITEM # 23695 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the rights-of-way of WALTON DRIVE and PROVIDENCE ROAD, to FAIRFIELD CIVIC LEAGUE, its assigns and successors in title (KERPSVILLE BOROUGH). This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the (:ity. 2. The owner agrees to keep and hold the City free and harraless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to b(@(,ome unsightly or a hazard. 4. The owner agrees that the sign will not be con- constructed closer than 20 feet from the edge of pavement )f Providence Road or 15 feet from the edge of pavement of Walton Drive. 5. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf June 3. 1985 - I @a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHTS-OF-WAY OF WALTON DRIVE AND PROVIDENCE ROAD, TO FAIRFIELD CIVIC LEAGUE, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Fairfield Civic League, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City rights-)f-way of Walton Drive and Providence Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a subdivision identification sign and that said encroachment shall be constructed in accor,lance with the City of Virginia Beach Public Works Department'-.3 313ecificationP as t:) size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City rights-of-way known as Walton Drive and Providence Road as shown on that certain plat entitled: "FAIRFIELD MEADOWS," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Fairfi(-I(i Civic League, its assigns and successors in title ind within thirty (30) days after such notice is given, said encroachment shall be removed from the City rights-of-way of Walton Drive and Proviilence Road and that Fairfield Civic League, its assigns and successors in title shall bear all costs and exoenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that Fairfield Civic i,eaqucf, its assigns and successors in title 3hall indemnify and hold harmless the City of .June 3, 1985 - !5b - Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall he necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that Fairfield Civic l,eague executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the '3 day of June 1 98 5 MES/re 3/1 4/8 5 (29A) Jun 1 98 5 -2- Isc Jun-, 3, 1985 - 16 - Item 11-K.4 CONSENT AGENDA ITEM # 23696 Upon motion by Councilman Fentress, seconded by Councilwman Creech, City Council ADOPTED an Ordinance to authorize and direct the City Manager to execute a COST PARTICIPATION AGREEMENT to improve ;in unnamed street off HURDS ROAD. The total project cost is ESTIMATED to be $3,950, of which the City's share is $2,781-50, and the property owner's share is $1,168.50. Funding for the project is available froiii Pro.ect 2-837 VARIOUS PUBLIC IMPROVEMENTS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Ir., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf ,June i, 1985 - 16a - ,%r\l 'IRI)fNANCI@ rO AIITHORT7,@: ANF, DFRFCT riii@, (@f'ry MANACER 'PO FXF('.I!Tl@' A C.O@','P PARTICIPA'FION AGRFFMF@4T Po IMPRO@'F A'@ ITNNAMFD ')'PRFF'P OFF litIRF)@ POAI) WtiERF,Ac,, tire ('ity's ilolicv for linr)r(,viii@, tlnitiproved Streets in part, that f)rol)k,rt,; owners (in the street ,ire rt-qti;re(i to pay their pro rit@i fr,)i)t@ir,,e qhare, that beings 50' @f the t@ost of materials ii@e@i to construct the street, for uli(, city to proceo(i with llit@ necessary work to Improve Llit@ @;t T. , t , iiii(i WHI@l@F.A@@, . li@)I)orty owii(l@i i(I i@i(@ ... ii i @iii iiiiii@tined street off Htir(l@; Po@id to 1),iv IiJ@ ii @lit, cost to improve the 30 f(,ot rare, ,ind WTIERFAS, tli(@ total l@roje(@r @-ost is estimated to be S3,950 of trial ctty's shift(, is and the property owner'@ sliirl i@ iii(I for the i)loj,,Ct I,; :iv@iiliihl(, from I)r(@jL.ct 2-837 Varl,)ii@ T'il,ll( liApr,)v(,iiit-jils. NOW, 'rHl-'kl-.FORF,, RF, It' (IRDAINI@1) 11, COI!@ICrl, OF THF, cl,ry OF VFI?(:11;16, @iFA('11, VIR(;fNI@ that tlit@ ritv @iiiria@,t,r Is hereby autitorizt-@l itid dirt-(,to,] to a -ost participation ,igre -emenl with @1r. (,rc-(?nville tIT-iglit f)t [lit@ improvement of an unnamed rif,,Iit-(f-way oft f4tii-,I@ Po i(i ;i@,ref,mt,rit Is hereby ap[)rov,@(t @@i @ii I t!@ 1-@xl) i b i 'A ' . Tli i @, or,] I ii ii I I @,(@ i,t 1 t I @ni ! 1),, -@i t e ) t f I adoption. Adop tt@d try ! i),@ r, I t y (.otin( I 1 of ri t, ('ity of 'Jirpint@a Beach, Virgiiii,-i (,i@ the 3 d,l @)4 June 1985. @AP@)i@CVED A'; 70 COt47F@,) D A i@ T M E @ 1 1 .t,P@,PRO\,'LD t,,3 TO FOk June 3, 1985 AGREI-MENI' FOR IMPROV[N(; UNI@l[IRoVED S'RREETS THIS AGREEMEN@', mac3e this 2Z dal3fC' 19@ , by and I)etween the undeisiar)ed la successors and assigns, hereinafter referz and the Ci-ty of Virginia Bcadch, 1)(--reirlaftt- "City." WHEREAS, the landownc@r@ desire the Cit; to oroceed to Po'icy For Ti,--ro.@,inQ iirprove, in jc-(,of (Idnce with the ( ity I - Unimproved Streets, that certain street known as lo 4v. @A/v.,A,114@rc-inafter referred to as "street," whic is adjacent to t@,c la,-)c3ow,-)crs' @nd the Citv Cannot i JT r 0 v e t Yi e s " r c- e t t 1) () LI t t property ion tr@ I fie (,os, of the I @-I C)@ @C, f t 1; c iT @F , :I( irutlial benefits ti@reirEft(-r @et [c)it@), tie(, patties agi -c as follows: to oui" clairp untc) tiic- necessary, riy tight, title or ii%'@c-test they jray have in an@, e>-.istinq i-I c@it @ay @ci@Lci@nL tc@ l@e i :-j c)p@i-@@, in is or r C) 1 C, @c al s.rl@c i t 1 I CIL. .ci io c, c C) c-c-, I a ri (i ii recul out t I r, s of .t)c)r to (-c)ri,,t r u, @ic 5 c, c- i f June 3, 1985 16c @,s coo tirbs, gutt"' t ,Ost of e_,d t,@at the prc)D@-tv owner5@ share Of : @I @,. r t.rle o -, vacant Prol)., Or Ile tc)@ a! COF,- .-la ,DI the !)rO LO 0 u a,-Id if re(ILi r --urb, C,3 j 'JI6 thaz. s-@@ e u n i 'T, D r) v E)e C) VC ance cr has an irl@@, ncial f n presently re, r total bc)rderino- On Tilr j@um '-@le CitY w' 11 b@a- t'ie t)ro ra"a sy'd; e Of the cost Of be exercised 3. Tti(, right grdn-ed @erc@@incier shall he date @zE:f"of- within five v@,113 from t II , - s fo S a, LANDO@NNERS 2 ,Jun 3, 1985 16d c)f Public 'e;,orks city @lalacel, 1 2 ATTEST: Ruth Hodges SiTlith, City Clerk -(48.20) -3- ,Iunc 3, 1985 1 7 Item II-K.5 CONSENT AGENDA ITEM # 23697 Upon motion by Counci @ n Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to Transfer Capital Project Funds of $690,60@ from Project #2-804 NORTH BEACH STORM DRAINAGE-PHASE 11 to other Highway Projects to match appropriations with expenditures in preparation for Close Out. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. @icclanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf ,June @, 1985 - 17a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $690,607 FROM PROJECT z #2-804 NORTH BEACH STORM DRAINAGE-PHASE II 0 TO OTHER HIGHWAY PROJECTS TO MATCH z 1 < APPROPRIATIONS WITH EXPENDITURES IN PREPARATION FOR CLOSE OUT WHEREAS, on November 19, 1984, Council approved appropriations transfers to provide for current needs of capital projects included in the pre- liminary FY 1985-1989 CIP, and WHEREAS, the transfers included reallocation of funds among several highway projects to provide For additional funds to cover the estimated total cost of project #2-804 North Beach Storm Drainage-Phase II, and WHEREAS, due to a reduction in the scope and lower than anticipated construction costs, project #2-804, presently has excess funds, and WHEREAS, the excess funds in project #2-804 may be transferred to completed highway projects funded from the 1980 Highway Bond Referendum. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that capital project funds are hereby transferred between capi- tal projects as enumerated below to match appropriations with expenditures for various highway projects. Transfer to: 2-705 - Bonney Road $ + 177,152 2-805 - Kemspville Road-Phase I + 318,452 2-806 - Indian River Road-Phase IT + 195,003 Total $ + 690,607 Transfer from: 2-804 - North Beach Storm Drainage- Phase II $ - 690,607 Net Transfer -0- This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of June 1985. Jun(@ 3, 1985 KAR/2 ORD16 - 18 - Item II-K.6 CONSENT AGENDA ITEM # 23698 The Cities of Chesapeake, Portsmouth, and Virginia Beach have agreed to jointly develop valid physical and medical standards and a physical fitness program for POLICE and FIRE ENTRY and PROMOTIONAL POSITIONS. Deveiopment of job-related physical standards, medical guidelines, and physical fitness programs will enable the cities to select employees with the capacities Lo meet job demands, to main- tain an effective workforce, and to provide an ;avenue for ncumbents to maintain a desirable level of fitness. Phyllis Millette, Director )f Personnel, explained that Lh.s would be an eighteen month project utilizing seven phases. Chief Harry Diezel, Fire Department, advised City Council there was no single national standard that is accepted by the i.Jnited States Ju@;ti.ce Department. Thi.@ Ordinance will attempt t( -,urb air adverse impact. Chief Wall, Police DepartmenL, referenced both the Police and Fire Department require tests. This Ordiiiiiice will attempt L(, nstirc-, the physical capacity to perform the job. Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council ADOPTED an Ordiance to Transfer $55,600 from the POLICE DEPARTMENI Lo share in cost of developing a REGIONAT, PHYST(AL STANDARDS PROJECT for p)licc, and fire entry and promoti)rial positions, Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jick Jennings, Jr R. Jones, and j. Henry McCo,, Jr., D.D.S. Council Members Voting Nay: Robert G. Joiie.@, and Vice Mayor Reba S. McClatian Council Members Abseit: Meyers E. Obernci,,rf June 3. 198J 18zi 0 0 z AN ORDINANCE TO TRANSFER $55,600 FROM THE POLICE DEPARTMENT To SHARE IN COST OF DEVELOPING A REGIONAL PHYSICAL STANDARDS PROJECT 0 FOR POLICE AND FIRE ENTRY 0. AND PROMOTIONAL POSITIONS gx WHEREAS, the efficiency of the Police and Fire Departments is cru- cial to the city's ability to provide adequate protection to the public, and WHEREAS, the City Council believes that the development of job related physical standards, medical guidelines, and physical fitness programs will enhance that efficiency, and WHEREAS, the Cities of Chesapeake, Portsmouth, and Virginia Beach have agreed to contract with an outside consultant to develop said standards and guidelines, and WHEREAS, the City of Virginia Beach's share of the cost of the contract totals $55,600, and WHEREAS, the Police Department has surplus funds which can be used for the City's share. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that appropriations totalling $55,600 be transferred from surplus funds within the fiscal year 1984-1985 operating budget of the Police Department for the purpose of funding the City's share of the cost of deve- loping a Regional Physical Standards Project for Police and Fire entry and pro- motional positions. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of JUVE 1985. June 3, 1985 Item 11-K.7 CONSENT AGENDA ITEM @k 23699 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer $153,555 in Fiscal Year 1985-1986 appropriations from the OFFICE OF EMERGENCY SERVICES to the POLICE DEPARTMEN'I' for the operation of the HELICOPTER PROGRAM. Voting: 10-0 Council Members Voting A@e: I John A. Baum, Nancy A. Creech, Robert E. Fentres@, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert (;. Jones, Vice Mayor Rei)a S. McC]aian, and J. Henry McC.)y, Jr., D.D.S, Council Members Voting N@iy: None Council Members Absent; Meyers E. Obernd,@rf June @, 1985 19a z z 0 u o Z z z (i C3 0 ad AN ORDINANCE TO TRANSFER $153,555 0. ix IN FISCAL YEAR 1985-1986 APPROPRIATIONS FROM THE OFFICE OF EMERGENCY SERVICES TO THE POLICE DEPARTMENT FOR THE OPERATION OF THE HELICOPTER PROGRAM WHEREAS, funds for operating the City's helicopter program for the 1985-1986 fiscal year were included and approved in the Office of Emergency Services' budget request, and WHEREAS, the Police Department utilizes the helicopter program the majority of the time, and WHEREAS, the cost of operating said program should be recognized as a cost of the department which utilizes it. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that fiscal year 1985-1986 appropriations totalling $153,555 for the operation of the City's helicopter program be transferred from the Office of Emergency Services to the Police Department. This ordinance shall be in effect on July 1, 1985. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 day of June 1985. ,Jtlne 3, 1985 KAR/2 ORD14 - 20 - Item II-K.8 CONSENT AGENDA ITEM # 23700 Upon motion by Councilman Fentress, seconded by CounciLwoman Creech, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $14,193 li-om the General Fund's Unreserved Fund Balance to REIMBURSE VOLUNTEERS OF AMERICA for property taxes (real estate). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert (;. Jones, Vice Mziyoi Rel,@i S. McClaian, and J. Henry McCoy, .1r., D@D.S. Council Members Voting Na\: None Council Members Absen@: Meyers E. Oberndorf ,June 3, 1985 - 'O@l - AN ORDINANCE TO APPROPRIATE $14,193 FROM THE GENERAL FLJND'S UNRESERVED FUND BALANCE TO REIMBURSE VOLUNTEERS OF AMERICA FOR PROPERTY TAXES WHEREAS, the Community Services Board has contracted with the Volunteers of America to provide residential facilities for certain handicapped citizens at Baker House and Atlantis Manor, and WHEREAS, the said facilities are not exempt from local property taxes, and WHEREAS, City Council believes that this non-profit agency benefits the citizens and community, and should therefore be reimbursed for its real estate tax payments on Baker House and Atlantic Manor. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $14,193 be appropriated from the General Fund's Unreserved Fund Balance to be used to reimburse VOA for payment of property taxes on Baker House and Atlantic'Manor. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Third day of Julie 1985. May 20, 1985 FIRST READING: SECOND READING: June 3, t985 APPROVED AS TO CONTENT SIGNATUITE DEPARTMENT Julie 3, 1985 El, l@ I RIA 5 I_ )) CN@TIIRE I CITY ATTORNEY Item II-K.9 CONSENT AGENDA ITEM 23701 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing VIEWERS in the petition of the City of Virginia Beach for closure of portion-, of 22nd, 23rd, A and C STREETS (VIRGINIA BEACH BOROUGH). The Viewers are: Robert J. Scott Director of Planning David M. Grochm,iL Director of General Services C. Oral Lambert, Jr., Director of Public Works Voting: 10-0 Council Members Voting Ay(-: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCl@inan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Na None Council Members Absent: Meyers E. Oberndorf .June 3, 1985 21a - z -Z 0 z 7 < < ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virginia Beach, Virginia, a municipal corporation, has given due and proper nojtice, in accordance with the statutes for such cases made and provided that they will on June 3, 1985, apply to the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the City Council whether, in the opinion of the viewers, what, if any, inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Robeit J. ,,cort D@ivid M. Grochmal and C. orai Lambert, Jr. are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether, in their opinion, any and, if any, what inconvenience would result in the discontinuing and vacating of a portion of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows and all shown on that certain plat entitled "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA," prepared by the Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, dated May 7, 1982, and revised April 30, 1984. That certain portion of 22nd Street., a 501 right-of-way, between the northern right- of-way line of Route 44, Virginia Beach- Norfolk Toll Road, through the intersection of 23rd Street to the northern boundary lines of Lots 15 and 32, as shown on the above- referenced plat. Jutie 198) - 21b - That certain portion of 23rd Street, a 501 right-of-way, from between the western right-of-way line of Parks Avenue to the eastern right-of-way line of Old Virginia Beach Road as shown on the above-referenced plat. That certain portion of A Street, a 50' right-of-way that may or may not overlap 22nd Street, but otherwise running from between the northern boundaries of Lots 15 and 32 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. That certain portion of C Street, a 50' right-of-way from between the northeastern boundaries of Lots 35 and 36 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. The above plat is available for revitw in the Office of the City Attorney, Municipal Center, Virqinia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1985. RJN/da 4/9/85 .Jtine 3, 1985 -2- IN THE MATTER OF THE CLOSING, VACATING, AND DISCONTINUING OF A PORTION OF THOSE CERTAIN STREETS KNOWN AS 22ND, 23RD, A AND C STREETS, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PRO- PERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA,- WHICH PLAT IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY ATTORNEY, MUNICIPAL CENTER, VIRGINIA BEACH, VIRGINIA P E T I T I 0 N TO: THE HONORABLE MAYOR AND MEMBERS OF VIRGINIA BEACH CITY COUNCIL: Your Petitioner, City of Virginia Beach, Virqinia, respectfully represents as follows: 1. That pursuant to the provisions of §15.1-364, Code of Virginia, 1950, as amended, your Petitioner applies for the vacating, closing, and discontinuance of those certain streets described as follows and all shown on that certain plat entitled "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA," prepared by the Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, dated May 7, 1982, and revised April 30, 1984. That certain portion of 22nd Street, a 501 right-of-way, between the northern right- of-way line of Route 44, Virginia Beach- Norfolk Toll Road, through the intersection of 23rd Street to the northern boundary lines of Lots 15 and 32, as shown on the above- referenced plat. That certain portion of 23rd Street, a 501 right-of-way, from between the western right-of-way line of Parks Avenue to the eastern right-of-way line of Old Virginia Beach Road as shown on the above-referenced plat. That certain portion of A Street, a 501 right-of-way that may or may not overlap 22nd Street, but otherwise running from between the northern boundaries of Lots 15 and 32 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. That certain portion of C Street, a 501 right-of-way from between the northeastern boundaries of Lots 35 and 36 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. The above plat is available for review in the Office of the City Attorney, Municipal Center, Virginia Beach, Virginia. 2. That the closure of the aforedescribed streets is requested to facilitate the construction of the Virginia Beach Arts Center. 3. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said streets. 4. That on the and days of 1985, Notice of the presenting of this Application to City Council for appointment of Viewers was published in the Virginia Beach Sun News, a publication having general circulation throughout the City. 5. That the City of Virginia Beach is the fee simple owner of land along and adjacent to and affected by said portion of the platted streets to be closed and, consequently, is the only land owner to be affected by the same. CITY OF VIRGINIA BEACH, VIRGINIA By Of Counsel R. J. Nutter, II Assistant City Attorney Municipal Center Virginia Beach, Virginia 23456 -2- 2,' Item 11-K.10 CONSENT AGENDA ITEM # 23702 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council APPROVED the following CERTIFICATE OF PUBLIG CONVENIENCE AND NECESSITY to: BEACH AND COASTAI, CABS, INC. 25 VEHICLE@, Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf June 3, 1985 - 23 - Item 11-K.11 CONSENT AGENDA ITEM # 23703 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, city Council ADOPTED an Ordinance Authorizing Tax Refunds in the amount of $2,953.72 upon application of Certain Persons and upon certification of the City Treasurer for payment. Voting; 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyers E. Oberndorf Ju@ie J. 1985 - 23a - M NO. C. A. 7 5/14/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Pa id Thomas Iglehart 84 pp 213722-3 4/4/85 25.00 Molcolm Vasham 84 pp 156801-9 6/5/84 148.50 cott B Freeman 84 pp 182915-7 11/30/84 29.28 urf Beach Club Inc 85 RE(1/2) 88829-2 12/5/84 27.80 tlantic Permanent S & L 85 RE(1/2) 67983-8 12/5/84 20.88 ilcox & Baird 85 RE(1/2) 93340-2 12/5/84 7.99 utual Federal S & L 82 RE(1/2) 50640-2 12/5/81 126.23 utual Federal S & L F,2 RE(2/2) 50640-2 6/5/82 126.23 utual Federal S & L 83 RE(1/2) 52503-3 12/5/82 153.41 utual Federal S & L 83 RE(2/2) 52503-3 6/5/83 153.41 utual Federal S & L 84 RE(1/2) 55406-3 12/5/83 163.65 utual Federal S & L 84 RE(2/2) 55406-3 6/5/84 163.65 utual Federal S & L 85 RE(1/2) 57956-2 12/5/84 169.85 olland Estates Associates 85 RE(1/2) 42502-3 11/21/84 60.29 olland Estates Associates 85 RE(1/2) 42503-2 11/21/84 124.00 olland Estates Associates 85 RE(1/2) 42504-1 11/21/84 124.00 olland Estates Associates 85 RE(1/2) 42505-0 11/21/84 175.00 olland Estates Associates 85 RE(1/2) 42506-9 11/21/84 124.00 olland Estates Associates 85 RE(1/2) 42507-8 11/21/84 124.00 olland Estates Associates 85 RE(1/2) 42508-7 11/21/84 127.00 Total 2,174.17 @iAY 1:7 This ordinance shall be effective from date of adoption. The above abatements totaling Car $2, 174. 17--- were approved by the Council of the City of Virginia Beach on the 3 day of June, 1985 Approved as to form: Ruth Hodges Smith City Clerk J/ D orney I '31D - RM NO. C.A. 5/ 71 85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That the following applications for lax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. pi d R H & A T Overton 8@ lp 11/3/84 211.50 Romulado & Scindia Talento 84 pp 201703-1 1/31/85 "@I.C3 Sylvester K Starkes 84 pp 145194-7 10/24/84 130.42 Mohsen Zojaji 81 pp 135905 5/12/81 128.28 Southern Nat'l Mortgage Co 85 RE(1/2) 44294-1 11/18/84 34.72 Helen L Foos 84 RE(1/2) 28554-0 12/5/83 92.00 Helen L Foos 84 RE(2/2) 28554-0 6/5/84 92.00 Total 779.55 This ordinance shall be effective from date of adoption. The above abatements totaling Cerl $ 7 79 . 55 - were approved by the Council of the City of Virginia Beach on the 3 - day of @u e@ 1 98 5 Johr - Approved Ruth Hodges Smith City Clerk D B A@trney ,Juiie 3, 1985 - 24 - item 11-K-12 CONSENT AGENDA ITEM # 23704 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance Authorizing License Refunds in the amount of $478.95 upon Application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCiatAan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf June 3, 1985 - 24a - FORM NO, C.A. 8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty Int. Total Year Paid Fairplay Family Amus. Center, Inc. T/A Wizard 6228 Wailes Ave. Norfolk, VA 23502 1982/84 Audit 315.65 315.65 Foy, Michael L. & Pulliam, David T/A M & D Home Improvements 629 Jacqueline Ave. Va. Beach, VA 23462 1983 Audit 18.80 18.80 Greeder, Richard C. T/A RCG Co. 1329 Conrad Lane Va. Beach, VA 23454 1981/84 Audit 144.50 144.50 Certified as to Payment: an Approved as to form: This ordinance shall be effective from date of adoption. The above abatements totaling were approved by the Council -@478.95 of the City of Virginia Beach on the 3 day of Julie Ruth Hodges Smith City Clerk .June 3, @985 '5 Item II-K.13 CONSENT AGENDA ITEM # 23705 ADD-ON Upon motion by Councilman Fentress, seconde by (Councilwoman Creech, City Council ADOPTED a RESOLUTION OF COMMENDATION to: VIRGINIA BEACH PUBLIC SCHOOLS Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClai,,an, and J. Henry McCov, lr,, D.D.S. Council Members Voting Nay@ None Council Members Absent: Meyera E. Obcrtidort Jun(, 3, 1985 - 25a RESOLUTION OF COMMENDATION WHEREAS: It has been brought to the attention of the Virginia Beach City Council that the Virginia Beach Public School System has received the outstanding honor of having its art education program named as an exemplary program by the J. PAUL GETTY CENTER FOR EDUCATION IN THE ARTS, and; WHEREAS: The City Council of the City of Virginia Beach c o n g r a t u I a t e a the Virginia Beach Public School System for having achieved this coveted honor, and; WHEREAS: The City Council wishes to acknowledge the distinction that national recognition of this Art Education Program brings to the School System and to the entire City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED: That this Resolution be framed for presentation, with a copy to the Virginia Beach School Board, and a copy spread upon the Minutes of this Regular Session of Virginia Beach City Council this Third day of June, Nineteen Hundred Eighty-Five. Given under my hand and seal, Mayor .June 3, t985 '@6 Item II-L.1 UNFINISHED BUSINESS ADD-ON ITEM 23706 In order for Councilwoman Oberndorf, who was out of the City today, to participate in the discussion, the RESOLUTION concerning the establishment of a COMMISS10N ON LOCAL GOVERNMENT will be discussed at the Citv Council Meeting of June 10, 1985. Item II-L.2. UNIFNISHED BUSINESS ITEM # 23707 ADD-ON Councilman Robert Jones referenced the Memorandum from Timothy Barrow, Chairman of the RESORT AREA ADVISORY COMMISSION, regarding the scheduled visit to the City of the Panel from the URBAN LAND INSTITUTE on June 23 @o June 28, 1985. Councilman Robert Jones advised the City can look forward to most worthwhile recommendations from this prestigious organization. Item 11-L.3 UNFINISHED BUSINESS ITEM # 23708 ADD-ON As per request of Councilwoman Henley, Chief Charles Wall, Police Department, advised City Council of the activities of the past two weeks since the ADOPTION by Council of an Ordinance to ADD Section 21-259 to the Code of the City of Virginia Beach, Virginia, pertaining to TRUCKS on ATLANTIC AVENUE, ADOPTED on May 20, 1985. Chief Wall advised although he did not have the statistics ior this weekend, there have been six (6) summons issued. The police officer@ do feel they are able to observe more accurately the traffic as they are not blinded by the high headlights of the large trucks any longer. City-wide during the last year, trucks have been involved in about 17% of the accidents and on Atlantic Avenue, about 30% of the accidents. This is not the only street trucks are prohibited from traversing. The State has different laws involving trucks. In response to Council's inquiries, vehicles such as 4 x 4'@i REGISTERED as trucks but carrying passenger license plates are not being Ietained, only the ones carrying truck li(@eiise plates. Normally the only time a 4 x 4 would have the truck license plates is when the bumper height is above 22", then same MTJST be registered as a truck. The second group affected by this Ordinance would be the the over 7500 pound vehicles. Trucks engaged in the normal conduct of business in the prohibited area are also exempt. City Council requested a status report in thirty days. June 3, 1985 .'7 Item 11-M.I. NEW BUSINESS ITEM # 23709 Giles Dodd, Assistant City Manager for Administ@ition, advised City Council the lenghty report concerning GROUP HEALTH CARE coverage for Municipal Employees was the culmination of a great deal of work by a COMMITTEE comprised of both Members from the City Staff and School Board: City Staff C. Aubrey Watts Chief Charles Wall Chief Harry Diezel C. Oral Lambert Phyllis Millette Dr. Richard Easton Eugene LeJeune Gwen Davis Bob Esenberg Steve Johnston S(!hoo i- Dr. Fred Benham Shirl.ey Cassida Dr. Donald Peccia Robert Gurley Harold Aumons The first process this Committee developed was the REQUEST FOR PROPOSALS (RFP) for Consultant services. As a result of this, the City hired JOHNSON & HIGGINS, INC. to work with the COMMITTEE on an Indemnity Plan for the City. In conjunction with JOHNSON & HIGGINS, the CO @ TTEE developed and distributed a Survey to City Employees, the results of which were received by City Council the early part of this year. From these results, JOHNSON & HIGGINS developed an RFP for lndemnity Coverage and for a HIGH OPTION and LOW OPTION PLAN for City Employees. These were sent out for bids and then these proposals were reviewed by JOHNSON & HIGGINS. The results of which are presented to Council today in their AGENDA packages ((oi)@e.@ of same are hereby made a part of the record'). This COMMITTEE in turn developed a SUBCOMMITTEE who designed a REQUEST FOR PROPOSALS (RFP) for HMO's for coverage from Health Maintenance Organizations. Commencii@g August 1, 1985, the City will offer to employees two T40's: UNITED MEDICAL PLAN OF VIRGINIA and the MIO PLUS. BLUE CROSS/BLUE SHIELD OF VIRGINIA has been proposed for both the HIGH OPTION and I.OW OPTION PLAN for INDEMNITY PLANS for City Employees. EXHIBIT III in Council's Agenda makes a comparison of all plans being offered, as well. as the plan currently in effect. EXHIBIT IV displays the Premium rates for City Employees. The City provided a total of $4,051,101.00 for coverage for City Employees in Fiscal 1985. In Fiscal 1986, a total of $60.00 is budgeted per employee for a total of $2,388,240.00 If there is a deficit we have assurances from Blue Cross/Bltie Shield the only amount they can increase the rates for next year is 15% of the prepiitims for this year. Any amount over they can not. Danville Spiller, JOHNSON & HIGGINS, discussed proposals received from the INDEMINITY CARRIERS for the City'@ Benefit Plan. Dr. Donald Peccia, Virginia Beach School Board, explained the process of the HMO proposals. Dr. Peccia ha(] O-chaired with Eugen, l,e,Jeune the HMO SUBCOMMITTEE. A RESOLUTION to AUTHORIZE the City Manager to enter into the Necesssary Contracts for GROUP HEALTH CARE COVERAGE for Municipal Empl,)vees will be on City Coun,-,it's Agenda of June 10, 1985, ,JULIE, 3, 1985 - 28 - Item 11-M.2 NEW BUSINESS ITEM # 23710 The City Council had AUTHORIZED a study regarding HURRICANE] EVACUATION PLANS. R. Lee Eskey, Director of Emergency Services, referenced the City coordinated a Study entitled, "VIRGINIA BEACH liURRICANE/FLOOD TRANSPORTATION STUDY", with VIRGINIA POLYTECHNIC INSTITUTE. This had begun with a $200,000 grant given to VPI to develop a mass evacuation Computer similation model. They needed to apply this model to a locality so they chose VIRGINIA BEACH. The cost entailed $18,000 by the City of Virginia Beach, and $21,000 from the State's Assistance Program. This study provided the City with the following information: (1) Reliable information regarding Evacuation Times. (2) Assessment of the City's present shelters and consideration of additional shelters needed. (3) Recommended 'Transportation Management Strategies to expedite Lraffic flow. (4) Identified Evacuation routes. Utilizing a map, Lee Eskey highlighted the FOUR EVACUATION REGIONS of the 3ity: (1) REGION t This Region Ls located in the eastern portion of the City. It is bounded in the north by Long Creek Canal, on the east by the Atlantic Ocean; on the south by (:amp Pendleton, Owls Creek, and NAS Oceana; and, on the west by the eastern Branch of the Lyniihaver@ River, (2) REGION LL This Region is located in the South-Central portion of the City@ It is bounded generally on the north by Camp Pendleton, on the east by the Atlantic Ocean; on the south by the Back Bay Natonal Wildlife Refuge and the study areas of Pungo and Blackwater; and, on the west by the City of Chesapeake and tne Kempsville-Holland study area. (3) REGION III This region is located in the west portion of the City. it is bounded on the north by the Navy Amphibious Base and First Court Road; )n the east by the Eastern Branch of the Lynnhav(?n River; on the south by the Virginia Beach - Norfolk Toll Road; and, -)ii the west by the Cit@ )t Norfolk. (4) REGION IV This region is located in the western part of the City. it Ls bounded on the north by the Norfolk - Virginia Beach Toll Road; on the east by Oceana Naval Air Station; on the south by Shipps Corner Road, Landstown Road, Priti(,ess Anne Road, and the City of (Chesapeake; and, on the west by the Cities of Ch(2sa- peake anci Norfolk. This Program was developed with four different tevels of hurricanes beginning with five feet, ten feet, fifteen feet, and anything above fifteen was con- sidered at level four. These SCENARIOS were applied under three different conditions: (a) Off-season weekday with normal population, (b) Season weekend with increased population of 108,000; and, (() Season long weekend with in- creased population of 140,000. June 3, 1985 19 - Item 11-M.2 NEW BUSINESS ITEM 23711 This study recommended additional shelters as there were 14 current ones. As the study recommended 22 shelters, we have increased to 24, As far as Traffic Management Strategies, they are considering one-waying the Expressway from just about the entrance all the way out to the Toll Plaza. Sandbridge Road would be one-way, and portions of Great Neck Road would be one-way. Various Locations needed to be identified where we are going to have problems with traffic bottlenecks occurring at major intersections. As a follow-up to this study, the FEDERAL EMERGENCY MANAGEMENT AGENCY and the NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION is conducting -i three year study. One particular portion of this study, which should be considered important to this City, is the BEHAVIOR ANALYSIS as VPI did not conduct one. This study is also going to apply a "slosh model" to the City of Virginia Beach, which will produce the most accurate flood information available. As per Council's request, Mr. Eskey will investigate the height of a hurricane surge wave, the City could withstand. June ',, 1985 - 30 - Item II-M.3 & 4. NEW 3USINESS ITEM # 23712 City Council received copies of the QUARTERLY REPORT ON CAPITAL PROJECTS for PERIOD ENDING MARCH 31, 1985, and the INTERIM FINANCIAL STATEMENTS for PERIOD JULY 1, 1984 THROUGH APRIL 30, 1985. The Mayor was most impressed with the new format. (Copies of same are hereby made a part of the record). ,June 3, L985 3 Item 11-M.5. ITEM # 23713 NEW BUSINESS ADD-ON Michael Barrett, Director of the Virginia Beach Resort Area Advisory Commission, and Assistant City Manager, displayed a sketch of the proposed Thirteenth Street Park. Certain Stub Streets in Atlantic Avenue are planned for conversion into parks and will be CLOSED to traffic at this point so they can be used for recreational activity and access to the beach. The Thirteenth Street Park will have a lattice fence With a portal and a sign announcing a demonstration project will be Located here. The Resort Area Advisory Commission likes discussed this pr@)ject with adjoining propert-y owners. BY CONSENSUS, City Council AUTHORIZED the City Manager to eliminate Parking at the Stub-end area of Thirteenth Street at abotit the thirty foot mark from Atlantic Avenue back towards the boardwalk. June 3, 1985 - 32 - Item 11-M.6 NEW BUSINESS ITEM # 23714 ADD-ON Uon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ACCEPTED the City Manager's recommendation to allow ESG ENTERPRISES to construct a parking facility with a rock base, leaving as many trees as possible, on Birdneck Road. The City leases this particular tract from the National Guard. The following caveats would be imposed on this recommendation: (1) This shall be for a one-year period (2) The National Guard must grant approval The City could also use this area as a public parking facility. This facility would provide parking for approximately 500 vlhicles. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert (@. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S., and Meyers E. Oberndorf June 3, 1985 '@3 Item 11-N.1 ADJOURNMENT ITP:M 23715 Upon motion by Councitwc)maii Creech and BY ACCLAMATLON, City Council ADJOURNED the meeting at 4:57 p.m. Chief Deputy City Clerk Ru@ Hodges nith, CMC hoger City Clerk City of Virginia Be@icti Virginia /bh ,June 3, L985