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FEBRUARY 24, 1986 MINUTES .. City of Virgi:n.ia Beach. "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AlAfO.t 1IA1IO£D 1lJ:1SCIIOlID. At 1-.. VlCE.AIA 1'OIt JU'&t 50 M~AN. PriIteu. A- ....... JOHN A. UUJI. ~......,. NANCY A. C1UZCB. At 1-.. ROBD"t Eo n:NTBESS. v-...... Bed ......,. BADAJU M. IlENLEY. 1>-.. ......,. H. JAClC JENNDtIOS. 4. L...-- ....... LOUrs Jt. JONJ:S. ..,... ........ ROB£R1' G. JONES. At 1-.. J. HENRY ldXJY. 4. K.......". ....... MEYERA E. OBERNDORF. At z-,. RUTH HODGES SM1TI1. CMc. CiCy am CI TY COUNCI L AGENDA U1 CITY HALL BUILDING IrIUNICIPAL CENTER VIRG1N1A BEACH. VIRGINIA J.f45I.1OO! Ilml U1-4JØ.1 February 24, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 5:00 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 - 7:00 PM A. INVOCATION: Reverend Richard J. Keener Bayside Presbyterian Church 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. PRESENTATIONS Sherri Ann Baxter Joshua F. Edwards Franklin H. Friend John L. Perry Leo 18 A. Wi lliams Citizens Citizens Citizens Citizens Ci ti zens Advisory Advisory Advisory Advisory Advisory Committee Committee Committee Committee Committee Maryanne I. Ustick S TOP John L. Perry Social Services Board G. MINUTES 1. Motion to accept/approve the Minutes of February 18, 1986. H. PUBLIC HEARING 1. Route 44 Off Raap/Fly-OVer at Independence Boulevard I. PUBLIC HEARING 1. Community Development Block Grant Program J. PLANNING 1. App lication of E & R Enterprises for a change of zoning from R-8 Residential District to A-I Apartment District on a 25,265-square foot parcel located at the northeast corner of 26th Street and Holly Road (Virginia Beach Borough) Recommendation: APPROVAL 2. Application of Amos J. Ward et ala for changes of zoning west of General Booth Boulevard and north of Dam Neck Road (Princess Anne Borough): From AG-2 Agricultural District to B-2 Community-Business District on a 7.1 acre parcel located at 1544 Oceana Boulevard AND, From AG-1 Agricultural District to B-2 Community-Business District on a 4.9 acre parcel located at 1544 Oceana Boulevard Recommendation: APPROVAL ~ K. 3. Application of Do1linion Resources, Inc. for changes of zoning located on the south side of London Bridge Road and west of General Booth Boulevard; (Princess Anne Borough). From R-3 'Residential District to 0-1 Office District on a 5.69 acre parcel AND, From R-3 Residential District District on a 8.92 acre parcel 1-1 Light Industrial to AND A conditional use permit for a storage yard for Virginia Power Company on the 8.92 acre parcel Recommendation: DENIAL: 4. Ordinance closing, vacating and discontinuing a portion of Lynn Shore Drive in the petition of Thomas and Rita Vojtek (Kempsville Borough) DEFERRED by City Council October 10, 1983, November 14, 1983, January 16, 1984 and February 27, 1984 Recommendation: DENIAL 5. Ordinance to amend and reordain Article I, Section III of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach pertaining to the definition of a Family DEFERRED by City Council October 28, 1985 Recommenda tion: APPROVAL RESOLUTION/ORDINANCES 1. Resolution authorizing the City Manager to increase the fees of adopting unredeemed animals from the Bureau of Animal Control 2. Resolution to set forth City Council's Policy for review of proposed street closures 3. Ordinance upon FIRST READING to accept and appropriate $4,480,000 for the acquisition of right-of-way for the Baxter Road Fly-Over oJ 4. Ordinance to authorize acquisition of property in fee simple for right-of-way for Elbow Road extended (Ebler Tolle Subdivision) and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation 5. Ordinance granting a Franchise to operate Open Air/Boardwalk Cafes'; authorizing and directing the City Manager to execute Franchise agreements, subj ec t to the conditions contained and/or referenced herein for: a. b. Atlantic Enterprises, Inc. Beach Hotel Corporation Barc18y Restaurant Corporation Banana Republic, Inc. Colonial Inn, Inc. c. d. e. L. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Counci 1 and wi 11 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. RESOLUTIONS OF APPRECIATION: Sherri Ann Baxter Ci tizens Advisory Commi ttee Joshua F. Edwards Ci tizens Advisory Committee Franklin H. Friend - Citizens Advisory Committee John L. Perry Ci tizens Advisory Committee Leo la A. Wi lliams Ci tizens Advisory Committee Maryanne I. Ustick - S TOP John L. Perry Social Services Board 2. Resolution of the City Council delegating to the Virginia Beach Development Authority the power to allocate the City's .Private Activity Bond Limit" ~ 3. Ordinance to transfer $500.00 from the General Fund's Reserve for Contingencies to the Sheriff's Department for reimbursement of legal expenses incurred by a City employee in the performance of his duties 4. Ordinance to transfer $40,000 from the water and sewer fund Reserve for Contingencies to provide a valuation of Holland Utilities, Incorporated 5. Ordinance to transfer $54,796 of Capital Project Funds to establish a water proj ect for Lynnhaven Parkway/Coventry and to execute cost participation agreement wi th Salem Meadows Associates, Incorporated 6. Ordinance to transfer $63,500 of Capital Project Funds to establish a sewer project for Shore Drive-In Condominiums and to execute a cost participation agreement wi th Terry/Peterson Development Corporation M. N. 7. Ordinance to transfer $24,277 from Capital Projects Funds to establish a sewer project for Lagomar-Section Six and to execute a cost participation agreement with False Cape Enterprises, Incorporated 8. Ordinance to transfer $3,626 from Capital Projects Funds to establish a sewer proj ect for Beachwood Condos/Chinquapin Lane and to execute a cost participation agreement with Beachwood Development and Construction Corporation 9. Appointment of Jeffrey A. Sacks as Assistant City Attorney, as of February 19, 1986, be confirmed by City Counci I pursuant to Section 2-166 of the Code of the City of Virginia Beach 10. Ordinance authorizing a temporary encroacbaent into portions of the rights-of-way of North Great Neck Road and Inlynnview Road to Inlynnview Civic League, its assigns and successors in title 11. Ordinance authorizing a temporary encroacbaent into a portion of City property known as Salem Lakes South Park to Richard C. Franza, his heirs, assigns and successors in ti tIe 12. Ordinance appointing viewers in the petition of Marc-Lyn Associates for the closure of a portion of a 40' Unnamed Street 13. FINAL APPROVAL: Ordinance closing, vacating and discontinuing a portion of South Kentucky Avenue in the petition of DeFord, Limited (Kempsville Borough) 14. Raff le Permits: John B. Dey PTA Aragona Pembroke Little League APPOINTMENTS 1. ADVERTISING SELECTION COMMITTEE 2. EASTERN VIRGINIA MEDICAL AUTHORITY 3. PERSONNEL BOARD UNFINISHED BUSINESS 1. Interim Report on Oceanfront Visitor and Travel Center: Jack Whitney, Planning Department 2. Little Neck Bikeway O. NEW BUSINESS 1. Francis Land House Property - Board of Governors Request Retention of Parcel C-2 2. Committee Concerns: to Comprehensively Address Environmental Requested by Councilman Jennings 3. Interim Financial Report: July 1, 1985 - January 31, 1986 P. ADJOURNMENT FY 1986-1987 OPERATING BUDGET SCHEDULE Apri 1 1 Apri 1 1-16 April 17 April 22 April 29 May 8 May 12 May 15 Special Session of City Council for Presentation 12 Noon City Council's Review Budget Workshop - Conference Room 4: 00 - 7: 00 PM Budget Workshop - Conference Room 4:00 - 7:00 PM PUBLIC HEARING - Pavilion 7:00 PM Budget Reconciliation Workshop- Conference Room - 4:00 - 7:00 PM PUBLIC HEARING and FIRST READING of Appropriation Ordinance - Council Chambers - 2:00 PM SECOND READING of Appropriation Ordinance - Council Chambers 12: Noon MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 24, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, February 24, 1986, at 5:00 P.M. 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, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Robert G. Jones (Entered: 5:30 P.M.) J. Henry McCoy, Jr., D.D.S. (Entered: 5:05 P.M.) - 2 - ITEM II 24990 Mayor Heischober entertained a motion to permit Counci 1 to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1 . PERSONNEL MATTERS: Discussion 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 owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counse 1 or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Counci lman Fentress, seconded by Counci lman Louis Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 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, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones (Entered 5:30P.M.) J. Henry McCoy, Jr., D.D.S. (Entered 5:05 P.M.) February 24, 1986 - 3 ..;, REGULAR S E S S ION VIRGINIA BEACH CITY COUNCIL February 24, 1986 7:00 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Counci 1 in the Co unci 1 Chambers, City Hall Bui lding, on Monday, February 24, 1986, at 7:00 P.M. 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 24, 1986 - 4 - Item II-F. 1 PRESENTATIONS ITEM /I 24991 Mayor Heischober PRESENTED RESOLUTIONS IN RECOGNITION to: Sherri Ann Baxter Joshua F. Edwards Franklin H. Friend John L. Perry Leola A. Williams These Resolutions recognized their membership on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE with unselfish and dedicated service. As Sherri Ann Baxter, Joshua F. Edwards, and Leola A. Williams were unable to attend, John Perry ACCEPTED these RESOLUTIONS in their absence. February 24, 1986 - 5 - Item II-F. 2 PRESENTATIONS ITEM If 24992 Mayor Heischober PRESENTED a RESOLUTION IN RECOGNITION to: Maryanne I. Ustick This Resolution recognized her membership on the SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT with unselfish and dedicated service. Mrs. Ustick recognized the services of her Administrative Assistant, Joyce Mason, for representing Mrs. Ustick at many of the STOP meetings and assisting in the reorganization. February 24, 1986 - 6 - Item II-F.3 PRESENTATION ITEM II 24993 Mayor Heischober PRESENTED a RESOLUTION IN RECOGNITION to: John L. Perry This Resolution recognized his membership on the SOCIAL SERVICES BOARD from October 7, 1974, through June 30, 1985, and his unselfish and dedicated service. February 24, 1986 - 7 - Item II-G.1 MINUTES ITEM If 24994 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Minutes of January 6, 1986, as CORRECTED: Item II-N.2 - Item # 24778 - Page 48 In the Third Paragraph, Eighth Sentence: Bike Trial should be Bike Trail Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 8 - Item II-G.2 MINUTES ITEM # 24995 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Minutes of February 18, 1986 as CORRECTED: Item II-M.2 - Page 30 - Item # 24987 NEW BUSINESS - INCREASE IN ANIMAL ADOPTION FEES The name of the Executive Director of the Virginia Beach SPCA was misspelled. The correct spelling is Carol Kolback Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 9 - Item II-H.!. PUBLIC HEARING ITEM 1/ 24996 Mayor Heischober DECLARED a PUBLIC HEARING on: ROUTE 44 OFF RAMP/FLy-oVER AT INDEPENDENCE BOULEVARD The following spoke concerning this item: Jim Lawson, City Real Estate Department Martin Waranch, Larkspur Civic League, spoke in support of the FLY-OVER Carole Widmer, Fox Run Civic League, expressed appreciation on relief of traffic congestion There being no further speakers, Mayor Heischober CLOSED the PUBLIC HEARING February 24, 1986 - 9a - '- NOTICS'OF . PUBLIC HEARINO CITY OF ' VIRGINIA BEACH PROPOSED BUDOETARY INCREASE FOR THE 1985-1986 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.1 of the City Code, City Council wiD hold a public hearing in Council Chambers in the City Hall Building at 7:00 p.m. 00 Monday, February 24, 1986 to i discuss a proposed incìease in the : operating budaet for fiscal year ì 1985-1986.' The increase, of S4,480,OOOis for thè.purchase of land on the southeast corner of the intersection of Independence IIouIward,"', Jåxter' 1lo8d' for the conatnlction of' a fty-over from the Virainia Beach Ex- pressway to Baxter Road. In~v:~...&li desiring to provide oral comment should' register before the hearing begins with th~ City Clerk's Office on the second floor of the City Hall Buildinl or by calling 427 -4303. Ruth Hodges Smith, CMC, City Clerk 235-16lt2-12 VB . . 'O'~ --_.. .... ",-"c""'" - 10 - Item II-Ll PUBLIC HEARING ITEM II 24997 Mayor Heischober DECLARED a PUBLIC HEARING on: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM There being no speakers, Mayor Heischober CLOSED the PUBLIC HEARING. February 24, 1986 - lOa - ----.-,.-. 0'. - - --. .--..-- . . . . ~ . I ,..; ~ " , I " " ~ . . - - - - - - - - . 0 . '0 - 0 0'- --- - - - - - - - -'~ '~ '.iEsa~Ji.1s86 0 '2;J .-,... - -.- - - .~~ ..J.....--.-. -- )t .{~ØJJ~~ì~ COMMUNITY DEVELOPMENT f";¡ ~ BLOCK GRANT PROGRAM ~~~.w.~;# . . PUBLIC ,HEARING .'0."..""" . The City of VIrginia Beach through its Department of Housing and Community Development will hold a public hearing on February 24, 1986, 7:00 P.M. in the City Council Chambers. ' . The purposes of the hearing are: 1. Tø receive comments and/or recommendations on activities to be funded under the Community Development Grant Program for 1986-87. Ex- amples of activit. . ies eligible for support with Com- munity Development Block Grant funds include: Acquisition of real prope~, provision of public works and facilities, provision of public services necessary to support other community develop- ment activities, rehabilitation of public and private properties, relocation payments and assistance for displaced persons, removal of architectural barries which restrict mobility of elderly or handicapped persons, improvements for historic perservation or restoration, renovation of closed buildings for public facility or housing and subrecipient funding for neighborhood revitalization, community development, or energy conservation. 2. To assess program performance and progress. All written citizen comments, as well as an assess- ment of each comment and summary of any ac- tions to be taken in response to the comments, will be submitted by the City to the U. S. Department of Housing and Urban Development. All residents of Virginia Beach are invited to attend this public hearing to comment on the needs and pro- gress of the neighborhoods. If you cannot attend this public hearing, please submit your comments to Malissia Lee, Department of HoUSIng and Community Development, 3080 Brickhouse Court, Virginia Beach, VA 23452, or call 463-9511 . . ,,--.. '----------"-".,-- ..................--.. t. ' . ,. ,.. . , -- _.~. ---------- - 11- Item II-J.l PLANNING ITEM /I 24998 Peter Burkhimer, Jr. represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of E & R ENTERPRISES for a Change of Zoning: ORDINANCE UPON APPLICATION OF E & R ENTERPRISES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO A-I Z02861066 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA Ordinance upon application of E & R Enterprises for a Change of Zoning District Classification from R-8 Residental District to A-I Apartment District on certain property located at the northwest corner of 26th Street and Holly Road. Said parcel contains 25,265 square feet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. *The applicant is to be given due notice tht the following condition should be mutually agreeable between the applicant and the neighborhood representatives: 1. The applicant agreed to build condominiums for sale with birch or cedar siding and on a crawl space with brick skirting. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of February, Nineteen Hundred and Eighty-six. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: .' None Council Members Abstaining: Nancy A. Creech and H. Jack Jennings, Jr. Council Members Absent: None February 24, 1986 - 12 - Item II -J . 2 PLANNING ITEM If 24999 Attorney Grover Wright represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council ADOPTED Ordinances upon application of AMOS J. WARD ET ALS for Changes of Zoning: ORDINANCE UPON APPLICATION OF AMJOS J. WARD ET ALS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Z02861067 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amos J. Ward etals for a Change of Zoning District Classification from AG-2 Agricul tural Dis tric t to B-2 Community-Business District on the west side of General Booth Boulevard, 420 feet more or less north of Dam Neck Road. Said parcel is located at 1544 Oceana Boulevard and contains 7.1 acres. Plats with more detailed information are avialable in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF AMOS J. WARD ETALS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l TO B-2 Z02861068 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amos J. Ward etals for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District 600 feet west of General Booth Bouelvard, 420 feet north of Dam Neck Road. Said parcel is located at 1544 Oceana Boulevard and con tains 4.9 acres. PIa ts with more de tailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following condition shall be met: Dedication of appropriately sized scenic and controlled access easements along the frontage on General Booth Boulevard. The following condition shall also be required: 1. Trees shall remain as a buffer along rear of said property These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of February, Nineteen Hundred and Eighty-six. February 24, 1986 - 13 - Item II-J.2 PLANNING ITEM /I 24999 (Continued) Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 14 - Item II-J. 3 PLANNING ITEM /I 25000 Attorney R. J. Nutter represented the applicant and requested WITHDRAWAL. Letter of February 10, 1986 requesting WITHDRAWAL is hereby made a part of the record. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council DENIED Ordinances upon application of DOMINION RESOURCES, INC. for Changes of Zoning: ORDINANCE UPON APPLICATION OF DOMINION RESOURCES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO 0-1 Ordinance upon application of Dominion Resources, Inc., for a Change of Zoning District Classification from R-3 Residential District to 0-1 Office District on certain property located at the southwest corner of London Bridge Road and General Booth Boulevard. Said parcel contains 5.69 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF DOMINION RESOURCES, INC., FOR A CHANGE OF ZONING DISTRICT CLASSFICATION FROM R-3 TO I-I Ordinance upon application of Dominion Resources, Inc., for a Change of Zoning District Classification from R-3 Residential District to I-I Light Industrial District on certain property loca ted on the sou th s ide of London Bridge Road beginning at a point 650 feet more or less west of General Booth Boulevard. Said parcel contains 8.92 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLCIATION OF DOMINION RESOURCES, INC. FOR A CONDITIONAL USE PERMIT FOR A STORAGE YARD FOR VIRGINIA POWER COMPANY Ordinance upon application of Dominion Resources, Inc., for a Conditional Use Permit for a storage yard for Virginia Power Company on certain property loca ted on the sou th s ide of London Bridge Road beginning at a point 605 feet more or less west of General Booth Boulevard. Said parcel contains 8.92 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. February 24, 1986 - 15 - Item II-J. 3 PLANNING ITEM # 25000 (Continued) Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 16 - Item II -J . 4 PLANNING ITEM If 25001 Thomas Vojtek represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for thirty (30) days until the City Council Meeting of March 24, 1986, an Ordinance closing, vacating and discontinuing a portion of Lynn Shore Drive in the petition of Thomas G. and Irma C. Harty and Thomas M. and Rita K. Vojtek: Application of Thomas G. & Irma C. Harty and Thomas M. & Rita K. Vojtek for the discontinuance, closure and abandonment of a portion of Lynn Shores Drive beginning at the sou thwes t in tersec tion of Lynn Shores Drive and Rumford Lane, running a distance of 161.34 feet along the west side of Lynn Shores Drive, running a distance of 35 feet more or less along the southern property line, running a distance 208 feet more or less along the western property line and running a distance of 20.87 feet more or less along the south side of Rumford Lane. Said parcel contains 6,093 square feet. KEMSPVILLE BOROUGH. This DEFERRAL will enable negotiations between the applicant and the City Manager. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - l~a- Item II-J. 5 PLANNING ITEM II 25002 Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED: ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE DEFINITION OF A FAMILY This Ordinance was REVISED as per DEFERRAL of October 28, 1985. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 16b - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE DEFINITION OF A FAMILY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the definition of a "family" as set forth in Article 1, Section III of the Comprehensive Zoning Ordinance be amended and reordained as follows: FðM~%YT--Aft-~"è~¥~ð~a%-e~-ewe-t~t-e~-Me~e-~reeftS re%aeeð-ey-e%eeèT-Ma~~ia~eT-e~-aèe~eie"T-e~-a~~re¥eè-~esee~ ea~eT-e~-ð-~~e~~-e£-ftee-Me~e-ehaft-~e~~-t4t-~rsefts-t~fte%~èift~ ee~¥afteet-ftee-~e%aeeè-ey-e%eeðT-e~-æar~ið~eT-ðèe~eieftT-e~ a~~re¥eè-~eeeer-eareT-e~-a-~re~~-e~-"ee-æe~e-ehðft-~~¥e-t5t ~~sefts-tifte%~èift~-s~~~e~ð~e-~a~eft~et-~"èe~-ð~~~e¥eè 8~~~¥~s~eft-e~-e~ehe~-ehe-ðe~areMeft~-e~-æe"ea%-hea%eh-aftè Meftea%-~eeð~èa~ieft-e~-ehe-ðe~a~eæefte-e~-seeið%-Ser¥~eeST %i¥~ft~-~e~e~he~-ðftè-sha~ift~-%~¥~ft~-areas-ift-ð-èwe%%ift~-~ft~~T Family, A "family" is: (1) An individual living alone in a dwelling unit, or (2 ) Any of the following groups of persons, living together and sharing living areas in a dwelling unit: ( a) Two (2) or more persons related by blood, marriage, adoption, or approved foster care. (b) A group of not more than four (4) persons (including servants) who need not be related by blood, marriage, adoption or approved foster care. 1i'..h.....",...u ?/. 1aø.~ - 16t: - ( c) A group of not more than five (5) persons (including surrogate parents) under approved supervision of either the Department of Mental Health and Mental Retardation or the Department of Social Services. (d) A group of not more than two (2) adults, who need not be related bv blood or marriage, and - the dependent children of each of the two (2) adults, provided that the children are under nineteen (19) years of age or are physicall~ or developmentally disabled. 24th day of February , 1986, by the Adopted this City Council of the City of virginia Beach, virginia. GLF/rab/jmh 11/21/85 02/14/86 ( Ord. I ) -2- February 24, 1986 - 17 - Item II-K.l RESOLUTION/ORDINANCES ITEM /I 25002 Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED: Resolution authorizing the City Manager to increase the fees of adopting unredeemed animals from the Bureau of Animal Control. Voting: 10-1 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: Meyera E. Oberndorf Council Members Absent: None February 24, 1986 - 17a - RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE COST OF ADOPTING UNREDEEMED ANIMALS FROM THE BUREAU OF ANIMAL CONTROL WHEREAS, the current cost of adopting, from the Bureau of Animal Control, a dog or cat which has not been spayed or neutered is thirty-five dollars ($35.00) with a refund of twenty- five dollars ($25.00) of that fee upon proof that said dog or cat is thereafter spayed or neutered, and; WHEREAS, the average cost of having a dog or cat spayed or neutered is forty dollars ($40.00); BE IT HEREBY RESOLVED by the City Council of the City of Virginia Beach, Virginia that the fee for adopting, from the Bureau of Animal Control, a dog or cat which has not been spayed or neutered will be increased to fifty dollars ($50.00), wi th a refund of forty dollars ($40.00) upon receipt of proof that said dog or cat has thereafter been spayed or neutered. This resolution is made in the belief that an increase in this fee, and refund of forty dollars ($40.00), will encourage citizens to follow through with the intent of the law and will reduce the number of unwanted animals in our city. Resolved by City Council, City of Virginia Beach, 24th day of February , 1986. this '¡'~\._..__.. ",. , no,. - 18 - Item II-K.2 RESOLUTIONS/ORDINANCES ITEM If 25003 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Resolution to set forth City Council's Policy for review of proposed street closures Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 18a - RESOLUTION TO SET FORTH CITY COUNCIL'S POLICY FOR REVIEW OF PROPOSED STREET CLOSURES WHEREAS; The Virginia Beach City Council has, for some time, a 180-day policy with regard to the review of proposed street closures; and WHEREAS; City Council finds this policy to be supportive of the public interest since it helps minimize the level of doubt concerning the status of certain streets, encourages the fulfillment of conditions attached to approvals by City Council; and WHEREAS: Council, despite this finding, feels that an improvement to the policy is in order to even more clearly resolve the status of certain streets. NOW, THEREFORE, BE IT RESOLVED that the policy of the City of Virginia Beach with regard to the closure of streets shall be as follows: 1. During the first public hearing held before the City Council, the Council shall make a determination as to the merit of the proposal before it. If it finds the proposal for closure without merit, it shall deny the application. If it finds it to have merit, subject to certain conditions being met, then it shall defer the application for a 180-day period or such shorter time as deemed suitable to the appli- cant. 2. During that 180-day period, the applicant shall take whatever action is necessary to fulfill the conditions imposed upon the application by the City Council. 3. When the matter next appears on the City Council's docket, whether at the end of the 180-day period or upon request of the applicant before the end of the 180-day period when the applicant has fulfilled all conditions, then the Council may take anyone of the following three actions: a. It may approve the application after finding that the appli- cation is appropriate and conditions have been satisfactorily met; b. It may deny the application if it finds that the conditions have not been satisfactorily met and there is no prospect for their being met in the immediate future; c. It may defer action one time if it finds that, although the conditions have not yet been met, there is good reason to believe that with due diligence they can be met within a reasonably short period of time. 4. During the established 180-day period, the staff shall contact the applicant once at the beginning of the period to make sure that there is a clear understanding by the applicant on what must be done and also once at the end of ninety days to monitor progress by the applicant. ADOPTED by the City Council of the City of Virginia Beach, Virginia, this 24th day of February , 1986. February 24, 1986 - 19 - I tern II -K. 3 . RESOLUTION/ORDINANCES ITEM If 25004 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED: Ordinance, upon FIRST READING to accept and appropriate $4,480,000 for the acquisition of right-of-way for the Baxter Road Fly-OVer. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 19a - V) t- Z W I- Z 0 U 0 l- V) -< a 'LI > 0 0=: a.. ~ 1-:; :1.. ~ >- 0 Q - W .. Z ...... /- a:: ef"¡ < N 0 ~: b ~ 0 0- I.:.J > ~- 0 I"- ,I.. l I:\.. :::> « !J) AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $4,480,000 FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE BAXTER ROAD FLY-OVER It, <.: :;I I.. :$ l; ¡;; ;ti ~l .,; r¡ !oJ WHEREAS, it is the desire of the City to eliminate traffic congestion at the intersection of Baxter Road and Independence Boulevard by constructing a fly- over from the Virginia Beach Expressway to Baxter Road, and WHEREAS, to consumate the project will require the City to purchase land on the southeast corner of the intersection with an estimated value of $4,480,000, and WHEREAS, funds have not been appropriated for this purpose and it is recommended that those appropriations be provided from the Undesignated General Fund Balance on the condition that the account be reinstated to the amount required by the Fund Balance Retention Policy at the close of the City's books on June 30, 1986. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $4,480,000 be appropriated from the Undesignated General Fund Balance for the purchase of right-of-way for the Baxter Road fly-over, and BE IT FURTHER ORDAINED that the Undesignated General Fund Balance be reinstated to the amount required by the Fund Balance Retention Policy at the close of the City's books for the fiscal year ending June 30, 1986. 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 day of February, 1986. First Reading: February 24, 1986 Second Reading: PWC/13 ORDll February 24. 1986 - 20 - Item II-K.4 RESOLUTIONS/ORDINANCES ITEM If 25005 Mrs. Scott Means, resident of 4089 Sherman Oaks Avenue spoke in favor of the "Green Alignment" and a petition was presented in support of same. (Said petition is hereby made a part of the record). Sherry Singewald Kelly, resident of Sherman Oaks Avenue, also spoke in support of the "Green Alignment". Upon motion by Councilman Baum, Council ADOPTED: seconded by Councilman Fentress, City Ordinance to authorize acquisition of property in fee simple for right-of-way for Elbow Road extended (Elmer Tolle Subdivision) and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. The City shall acquire the 90-foot northern strip of Tolle property (Elmer Tolle Subdivision) (shown in blue on the engineering drawing). Voting: 10-1 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 Meyera E. Oberndorf Council Members Voting Nay: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None February 24, 1986 - 20a- AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR ELBOW ROAD EXTENDED (ELMER TOLLE SUBDIVISION) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, 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 BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acguire by purchase or condemnation pursuant to Sections 15.1-236, et seg., 15.1-898, 15.1-899, and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way for the alignment as shown in blue on the plat entitled, "PRELIMINARY ALIGNMENT FOR ELBOW ROAD (EAST)." Prepared by Engineering Drafting dated January 24, 1986, this plat being on file in the Office of the City Engineer, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, 24 tit.. f February Virginia, on the ~aay 0 JAR:jmh 01/13/86 02/13/86 (9) APPROVED AS TO LEGAL ~IENC1j1 FORM. :.... ' Z I q ~ø -,._- - 21 - Item II-K. 5. RESOLUTIONS/ORDINANCES ITEM /I 25006 Upon motion by Councilman Fentress, seconded by Louis Jones, City Council ADOPTED as CORRECTED*: Ordinance granting a Franchise to operate Open Air/Boardwalk Cafes'; authorizing and directing the City Manager to execute Franchise agreements, subject to the conditions contained and/or referenced herein for: b. Atlantic Enterprise, Inc. Beach Motel Corporation Barclay Restaurant Corporation Banana Republic, Inc. Colonial Inn, Inc. a. c. d. e. Councilwoman Henley referenced the Ordinance granting a franchise to operate an Open Air/Boardwalk Cafe to the Banana Republic, Inc. Councilwoman Henley inquired as to the FACTS/DISCUSSION/OPTIONS portion of the AGENDA REQUEST form the requirement being waived. The Staff advised the requirement being waived was a set-back requirement. * The City Attorney corrected the words "a security bond". This should be "a surety bond". This verbage was incorrectly used in both the AGENDA REQUEST form and the Ordinances in the sixth line, eighth paragraph. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 ':C,:%:;' , :,V"'-,', ,-"", - 21a - AN ORDINANCE GRANTING A FRANCHISE TO ATLANTIC ENTERPRISES, INC. TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks¡ and WHEREAS, Atlantic Enterprises, Inc. (t/a Oceanfront Inn/Surfside Cafe') has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee¡ and WHEREAS, the representations made in the application comply with the afore-mentioned regulations¡ and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of virginia Beach, Virginia: That a Franchise is hereby granted to Atlantic Enterprises, Inc. to operate an open air/boardwalk cafe' at 2901 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City Manager of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of February , 1986. RMB/jmh 02/19/86 - 21b - AN ORDINANCE GRANTING A FRANCHISE TO BEACH MOTEL CORPORATION TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks¡ and WHEREAS, Beach Motel Corporation (t/a Thunderbird Motor Lodge) has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee¡ and WHEREAS, the representations made in the application comply with the afore-mentioned regulations¡ and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a franchise is hereby granted to Beach Motel Corporation to operate an open air/boardwalk cafe' at 3410 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of virginia Beach, Virginia, on the 24th day of Fe~ruary , 1986. RMB/jmh 1/27/86 ~ê~19/86 FphMIATV' 24.1QR6 . "wr - 21c - AN ORDINANCE GRANTING A FRANCHISE TO BARCLAY RESTAURANT CORPORATION TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Barclay Restaurant Corporation (t/a London Pavilion Restaurant and Lounge) has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the aforementioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a Franchise is hereby granted to Barclay Restaurant Corporation to operate an open air/boardwalk cafe' at 809 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30,1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of Fe!>ruary , 1986. RMB/jmh 02/13/86 February 24,1986 d - 21d - aN ORDINANCE GRANTING A FRANCHISE TO BANANA REPUBLIC, INC. TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Banana Republic, Inc. (t/a Island Republic) has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a Franchise is hereby granted to Banana Republic, Inc. to operate an open air/boardwalk cafe' at 1904 Atlantic Avenue, Virginia Beach, virginia 23451 from May 1, 1986, to April 30,1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on the ~ day of FeBruary , 1986. RMB/jmh 02/19/86 Februarv 24. 1986 - 21e - AN ORDINANCE GRANTING A FRANCHISE TO COLONIAL INN, INC. TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Colonial Inn, Inc. (t/a Cary's Restaurant) has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, virginia: That a Franchise is hereby granted to Colonial Inn, Inc. to operate an open air/boardwalk cafe' at 2809 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of virginia Beach, virginia, on the ~ day of Fpl,rllrlry , 1986. RMB/jmh 02/19/86 February 24, 1986 - 22 - Item II-1 CONSENT AGENDA SITEM If 25007 Upon motion by Counci lman Louis Jones, seconded by Counci lman Fentress, Ci ty Council APPROVED in ONE MOTION Items 1, 3, 4,5, 6, 7, 8, 9, 10, 11, 12, 13 and 14. Item #2 was voted upon seperately Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. *Vice Mayor Reba S. McClanan Registered a VERBAL NAY on Item #5 Fêbruary 24, 1986 - 23 - ITEM II-L.I CONSENT AGENDA ITEM 1/ 25008 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS OF APPRECIATION Sherri Ann Baxter Joshua F. Edwards Franklin H. Friend John L. Perry Leola A. Williams CITIZENS ADVISORY COMMITTEE Maryanne I. Ustick S TOP John L. Perry SOCIAL SERVICES BOARD Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 23a - RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Sherri Ann Baxter served as an At-Large representative on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many years. Throughout these years her dedication and unse lfish service have involved personal sacrifices and inconveniences, not only to her but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Counci 1 here assembled this Twenty-fourth day of February, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: SHERRI ANN BAXTER Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Joshua F. Edwards served as an At-Large representative on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many years. Throughout these years his dedication and unse lUsh service have involved personal sacrifices and inconveniences, not only to him but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ci ty Counci 1 here assembled this Twenty-fourth day of February, Nine teen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: JOSHUA F. EDWARDS Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Franklin H. Friend served as an At-Large representative on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many years. Throughout these years his dedication and unse !fish service have involved personal sacrifices and inconveniences, not only to him but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: Tha t the Virginia Beach Ci ty Council here assembled this Twenty-fourth day of February, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: FRANKLIN H. FRIEND Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: John L. Perry served as the Burton Station representative on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many years. Throughout these years his dedication and unselfish service have involved personal sacrifices and inconveniences, not only to him but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Counci 1 here assembled this Twenty-fourth day of February, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: JOHN L. PERRY Given under my hand and seal, Mayor J .' RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Leola A. Williams served as the Beechwood representative on the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many years. Throughout these years her dedication and unselfish service have involved personal sacrifices and inconveniences, not only to her but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: Tha t the Virginia Beach City Counci 1 here assembled this Twenty-fourth day of February, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: LEOLA A. WILLIAMS Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Maryanne I. Ustick served on the SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT since June 1984. Throughout this time her dedication and unselfish service have involved personal sacrifices and inconveniences, not only to her but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Counci 1 here assembled this Twenty-fourth day of February, Nine teen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: MARYANN I. USTICK Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: John L. Perry served on the SOCIAL SERVICES BOARD from October 7, 1974 through June 30, 1985. Throughout these eleven years his dedication and unselfish service have involved personal sacrifices and inconveniences, not only to him but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: Tha t the Virginia Beach Ci ty Council here assembled this Twenty-fourth day of February, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: JOHN L. PERRY Given under my hand and seal, Mayor - 24 - ITEM 11-1.2 CONSENT AGENDA ITEM # 25009 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Resolution of the City Council delegating to the Virginia Beach Development Authority the power to allocate the City's "Private Activity Bond Limit" Voting: 9~ Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 24a- A RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, DELEGATING TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THE POWER TO ALLOCATE THE CITY'S "PRIVATE ACTIVITY BOND LIMIT" WHEREAS, Section 103(n) of the Internal Revenue Code of 1954, as amended (the Code), as presently implemented in the Commonwealth of Virginia by Executive Order Number 54(85) of the Governor of virginia, dated January 23,1985 (the Order), permits the Counties and Cities of Virginia to allocate their respective "private activity bond limits" to "private activity bonds" issued by "issuing authorities" for projects within their respective jurisdictions, in order to assure exemption from Federal income taxation of interest on such "private activity bonds": and WHEREAS, the City of Virginia Beach Development Authority (the Authority), is the only "issuing authority" unconditionally empowered to issue "private activity bonds" for projects located within the City of Virginia Beach, virginia (the City): and WHEREAS, the City Council of the City of Virginia Beach, Virginia (the Council), deems it appropriate to delegate to the Authority the power to make allocations of the City's "private activity bond limit" under the Code and the Order to "private activity bonds" issued by the Authority to finance projects located within the City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council of the City of virginia Beach, Virginia, hereby delegates to the Authority, the power to make allocations of the "private activity bond limit" available to the City under Section 103(n) of the Internal Revenue Code of 1954, as amended, and the Order to "private activity bonds" issued to finance projects located within the City. 2. The power of allocation delegated hereby shall include both (i) the power to allocate the "Local Allocation" of the City referred to in Section C.1. of the Order and (ii) the February 24, 1986 - 24b - power to specify those projects for which allocation from the "State Reserve" referred to in Section C.3. thereof shall be requested by the City. 3. The Council, its officers, the officers of the City, the Authority and the officers of the Authority shall cooperate in complying with the requirements of Section 103(n) of the Code (and any implementing Treasury Regulations, whether temporary or final) and the Order, to the end that there shall be allocated to all "private activity bonds" issued by the Authority to finance projects located within the City and which the Authority deems , worthy, sufficient "private activity bond limit" to assure exemption of the interest on the bonds from Federal income taxation. 4. This Resolution shall take effect immediately upon its adoption. Adopted this 24th day of February , 1986, by the Council of the City of Virginia Beach, Virginia. KJC/cb 4 2/14/86 APPROVED AS TO COt.m::!\.~~s I 1 - "'-- Sl":-;¡\I;_:>~ ~ -------.--..-... .- [.:.~.~.';",':;' ;' APr~OVED /oS TO ~:~~.>\L I'CY;~ ITV ATTORNEY -2- _u.- ",. 1 not: - 25 - ITEM II-L.3 CONSENT AGENDA ITEM II 25010 Upon motion by Counci lman Louis Jones, seconded by Counci lman Fentress, City Council ADOPTED: Ordinance to transfer $500.00 from the General Fund's Reserve for Contingencies to the Sheriff's Department for reimbursement of legal expenses incurred by a City employee in the performance of his duties Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Counci 1 Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 25a- AN ORDINANCE TO TRANSFER FUNDS OF $500.00 FROM THE GENERAL FUND'S RESERVE FOR CONTINGENCIES TO THE SHERIFF'S DEPARTMENT FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A CITY EMPLOYEE IN THE PERFORMANCE OF HIS DUTIES WHEREAS, a Virginia Beach Deputy Sheriff was charged with improper behavior while performing his duties: and WHEREAS, the employee incurred legal fees of $500.00 preparing his defense: and WHEREAS, the General District Court dismissed the case: and WHEREAS, the officer is seeking reimbursement from the City for his legal fees in accordance with Section 15.1-131.6 of the Code of Virginia: and WHEREAS, City Council considers this request reasonable and proper, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds of $500.00 be transferred from the General Fund's Reserve for Contingencies to the Sheriff's Department for legal fees involving the above incident. This Ordinance shall become effective upon the date of its adoption. Adopted this ~ day of February , 1986, by the Council of the City of Virginia Beach, Virginia. WEB/ld ( F) 1/15/86 2/10/86 APPROVED AS TO CONTENT: 7Jg~~ - APPROVED AS TO LEGAL SUFFICIENCY: ~~ February 24, 1986 - 26 - ITEM II-L.4 CONSENT AGENDA ITEM # 25011 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $40,000 from the water and sewer fund Reserve for Contingencies to provide a valuation of Holland Utilities, Incorporated Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 26a - AN ORDINANCE TO TRANSFER $40,000 FROM THE WATER AND SEWER FUND RESERVE FOR CONTINGENCIES TO PROVIDE A VALUATION OF HOLLAND UTILITIES, INCORPORATED WHEREAS, Holland Utilities, Incorporated is an investor-owned sewer utility company providing service in the pocohontas Village/Wedge- wood Trailer Park area, and WHEREAS, the City is considering the purchase of Holland Utilities, Incorporated as a continuation of the City's pro¡ra. to acquire all investor-owned water and sewer utilities in the City, and WHEREAS, in order to evaluate any offer to sell, the City needs a valuation of Holland Utilities. Incorporated, land appraisals of the sewage pu.ping station, and inspection of portions of the gravity sewer system. and WHEREAS, the estimated cost for the valuation, appraisals and inspections aaount to $40,000 including a $5,000 contingency, and WHEREAS, funding the $40,000 .ay be provided by the transfer of appropriations fro. the Water and Sewer Fund Reserve for Contingencies to the operating budget for the Departllent of Public Utilities. NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the Dount of $40,000 be trans- ferred fro. the Water and Sewer Fund Reserve for Contingencies to the operatinK budget for the Department of Public Utilities to fund the necessary valuation. appraisals. and inapections of Holland Utilities, Incorporated. This ordinance shall be in effect fro. the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the ...... -_.=-~~_u._._-- day of February , 1986. PWC 4/0RD20011 - 27 - ITEM II-L.5 CONSENT AGENDA ITEM # 25012 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $54,796 of Capital Project Funds to establish a water project for Lynnhaven Parkway/Coventry and to execute cost participation agreement with Salem Meadows Associates, Incorporated Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: *Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. *Verbal Nay February 24, 1986 ,~ - 27a- AN ORDINANCE TO TRANSFER $54, 796 OF CAPITAL PROJECT FœDS TO ESTABLISH A WATER PROJECT FOR L YNNHA VEN PARKWAY / COVEN"l'RY AND TO EXECUTE COST PARTICIPATION AGREEMENT WITH SALEM MF.ADCJ>lS ASSOCIATES, INCOÆ'ORATED WHEREAS, Salem Meadows Associates, Incorporated is plarmirg to develop lam located in the Coventry SUbdivision in the Kempsville Borough in accordance wi th the terms am CQDji tions of the city ordinances, and WHEREAS, the city desires to enter into a cost partici¡ation agreEIIIeIlt requestirg the developer to engage in ca1Struction greater in scope than is necessary for the project in order to provide water services to custaners outside the project limits, and WHEREAS, the city's share of costs is estimated at $54,796 for water improvements, with such costs to be charged to a new water capital project, wi th furx3s to be transferred fran project #5-304 Small Line Inprovements, arñ WHEREAS, such construction at this time will provide for future needs and prevent the city fran having to incur a:1d1 tianal operating arñ main- tenance costs at a later date. t«)W , THEREFuRE , BE IT ORDAINED BY 'l'HE COONCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #5-998 Lynnhaven Parkway/Coventry Water is hereby established as a capital project, am that $54,796 is transferred from project #5-304 SIIIalI Line Improvements to project #5-998 to cover the city's share of the cost partici¡ation agreement. BE IT PURTHER ORDAINED that the City Manager is here\:7f authorized and directed to execute the cost participaticm agreement with Salem Meadc:Ms As8ociat:es, Incorporated for ca1Struction of water facil1 ties. Said PI'OpO8eJ ag'lðe1b.:rut is here\:7f attached. This ordinance shall be effective fran the date of its ajopticm. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of February , 1986. ~ tF/œD1 APPROVED AS TO CONTENTS ~':';¡:"';"':~ ----------- (' ;:,'.','::: ,"f Ar'~i'C;\/::~) ;\~ Tn lEGAL su '.- 'Cf;~;~ CITY ATTORNEY - 28 - ITEM II-L.6 CONSENT AGENDA ITEM # 25013 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $63,500 of Capital Project Funds to establish a sewer project for Shore Drive-In Condominiums and to execute a cost participation agreement with Terry/Peterson Development Corporation Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 .',x. - 28a - AN ORDINANCE TO TRANSFER $63,500 OF CAPITAL PROJECT FUNDS TO ESTABLISH A SEWER PROJECT FOR SHORE DRIVE-IN CONDOMINIUMS AND TO EXECUTE A COST PARTICIPATION AGREEMENT WITH TERRY/PETERSON DEVELOPMENT CORPORATION WHEREAS, Terry/Peterson Development Corporation is planning to develop land located in Shore Drive-In Condominiums in accordance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into a cost participation agree- ment requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide sewer services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $63,500 for sewer improvements with such costs to be charged to a new sewer capital pro- ject, with funds to be transferred from project #6-316 Various Sewer Projects, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that project #6-966 Shore Drive-In Condominiums Sewer is hereby established as a capital project and that $63,500 is transferred from project #6-316 Various Sewer Projects to cover the city's share of the cost par- ticipation agreement. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed to execute the cost participation agreement with Terry/Peterson Development Corporation for construction of sewer facilities. Said proposed agreement is hereby attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 24th day of February 19 86 . APPROVEL> AS TO CONTE~~- ~',~; :" .,.,": PWC 13/0RD13 - -- -... ,., """ " :r /-'.~'~;':::','/~J) r¡;): õ',,' \~ W~;r,' '-'i'" FI.' ""\ /ì'f/¡.;rx.'- ~¡ j /'~ Jil'; - 29 - ITEM II-to7 CONSENT AGENDA ITEM If 25014 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $24,277 from Capital Projects Funds to establish a sewer project for Lagomar-Section Six and to execute a cost participation agreement with False Cape Enterprises, Incorporated Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 29a - AN ORDINANCE TO TRANSFER $24.277 FROM CAPITAL PROJECTS FUNDS TO ESTABLISH A SEWER PROJECT FOR LAGOMAR-SBCTION SIX AND TO EXECUTE A COST PARTICIPATION AGREEMENT WITH FALSE CAPE ENTERPRISES. INCORPORATED WHEREAS, False Cape Enterpriaea, Incorporated ia buildina public laprove.ents in the La~o.ar Six 8ubdi viaion located in the Princea8 Anne Borou~h in accordance with the teras and conditions of city ordinances, and, WHEREAS, the city wants to enter into a coat participation qree- .ent reque8t1n~ the developer to enpp in construction ereater in scope than i8 neces8ary for the project in order to provide aewer aemcee to custo.era outside the project llaits, and WHEREAS, the city's share of coats ia eati.ated at $24,277 for aewer i.prove.ents with such costs to be charpd to a new aewer capital project *6-987 La~o.ar-Section Six, with funda to be transferred fro. project '8-318 Various Sewer Projects, and WHEREAS, such construction at Wa ti.e will provide for future neede and prevent the city fro. havin~ to incur additional operat1n~ and 8aintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project 18-987 La~o.ar-Sect1on Six Sewer ia hereby established and that funds in the Dount of $24.277 be trans- terred fro. project '8-318 Various Sewer Projects to project *6-987 Lqoll8r-Section Six to cover the city's share of the coat participation a¡ree.ent. BE IT FURTHER ORDAINED that the C1ty Jlanqer 1a hereby authorized and directed to execute the cost participation aeree.ent with Falae Cape Enterprises, Incorporated for construction of sewer facilities. Said proposed aeree.ent is hereby attached. This ordinance shall be in effect fro. the date of its adoption. Adopted by the Councll of the City of V1rdn1a Beach. Vireinia on the 24th ------ day of February . 1988. PWC 4/0RD6967 February 24, 1986 - 30 - ITEM II-L.8 CONSENT AGENDA ITEM # 25015 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $3,626 from Capital Projects Funds to establish a sewer project for Beachwood Condos/Chinquapin Lane and to execute a cost participation agreement with Beachwood Development and Construction Corporation Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 30a -- AN ORDINANCE TO TRANSPER $3.626 PROM CAPITAL PROJECTS PUNDS TO ESTABLISH A SEWER PROJECT FOR BEACHWOOD CONDOS/CHINQUAPIN LANE AND TO EXECUTE A COST PARTICIPATION AGREEMENT WITH BEACHWOOD DEVELOPMENT AND CONSTRUCTION CORPORATION WHEREAS, Beachwood DeveloPilent and Construction Corporation 18 interested in construct1n¡ an extension to the public sanitary eewr . syete. in Beachwood Condos/Chinquapin Lane area located in the Lynnhaven . Borou¡h. and WHEREAS, the city wanta to enter into a coet participation a¡ree- .ent requestin¡ the developer to en¡ap in conatruction ¡reater in .cope than is necessary for the project in order to provide sewer aervieea to custo.ers outside the project lillite, and WHEREAS, the city's share of CO8t8 is esttaated at $3.628 for sewer iIIprove.ente with such coste to be cbar8ed to a new sewer capital project .e-966 Beachwood Condos/Chinquapin Lane Sewer. with funda to be tranaferred fro. project .6-316 Various Sewer Projecta, and WHEREAS, such construction at this ttae will provide for future needs and prevent the city fro. havin¡ to incur additional operat!n¡ and .aJntenance costa at a later date. NOW, THEREPORE, BE IT ORDAINBD BY THE COUNCIL OP THE CITY or VIRGINIA BEACH, VIRGINIA that project .6-968 Beachwood Condos/Chinquapin Lane Sewer is hereby established and that funda in the yount of 83,626 be transferred fro. project .6-316 VarJoua Sewer Projectø to project .6-968 Beachwooci Condos/Chinquapin Lane Sewer to cover the city'. share of the cost participation aeree.ent. BE IT PURTHER ORDAINED that the City Mana¡er is hereby authorized and directed to execute the cost participation qree.ent with Beachwood Develop.ent and Construction Corporation for cooatruction of sewer facilities. Said proposed aeree.ent i. hereby attached. Thi. ordinance shall be in effect froa the date of ita adoption. Adopted by the Council of the City of Vir¡1n1a Beach. Vlr¡1nia on the --~~~ -- day of February . 1986. PWC 4/0RD6968 February 24, 1986 - 31 - ITEM II-L.9 CONSENT AGENDA ITEM # 25016 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council CONFIRMED: Appointment of Jeffrey A. Attorney, as of February 19, Council pursuant to Section City of Virginia Beach Sacks as Assistant City 1986, be confirmed by City 2-166 of the Code of the Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 32 - ITEM II -L .10 CONSENT AGENDA ITEM II 25017 Upon motion by Counci lman Louis Jones, seconded by Counci lman Fentress, City Council ADOPTED: Ordinance authorizing a temporary encroachment into portions of the rights-of-way of North Great Neck Road and Inlynnview Road to In lynnview Civic League, its assigns and successors in title This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of -way. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. February 24, 1986 " - 32a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF NORTH GREAT NECK ROAD AND INLYNNVIEW ROAD TO INLYNNVIEW 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 Inlynnview Civic League, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into portions of the City's rights-of-way of North Great Neck Road and Inlynnview Road. That the temporary encroachment herein authorized is for the purpose of a subdivision identification sign and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into portions of the City's rights-of-way known as North Great Neck Road and Inlynnview Road, as shown on that certain plat entitled: "PREPARED FOR INLYNNVIEW CIVIC LEAGUE," 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 Inlynnview Civic League, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City's rights-of-way of North Great Neck Road and Inlynnview Road by the Inlynnview Civic League and that the Inlynnview Civic League, its assigns and successors shall bear all costs and expenses of such removal. February 24, 1986 ..~%<;. - 32b - And P~OVIDED FURTHER, that it is expressly understood and agreed that the Inlynnview Civic League, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be 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 the Inlynnview Civic League 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 24thday of February , 1 986 . CLL/rab 12/3/85 (29C) -2- - 33 - ITEM II-L.ll CONSENT AGENDA ITEM If 25018 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of City property known as Salem Lakes South Park to Richard C. Franza, his heirs, assigns and successors in title This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroahcment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. February 24, 1986 -:.c-'-4.' ,,-,',"-, v",- - - 33a- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS SALEM LAKES SOUTH PARK TO RICHARD C. FRANZA, HIS HEIRS, 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, Richard C. Franza, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into City property known as Salem Lakes South Park. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a concrete driveway and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of City property known as Salem Lakes South Park on the certain plat entitled: "PHYSICAL SURVEY OF LOT 36, AMENDED PLAT OF SUBDIVISION OF SALEM LAKES SOUTH FOR RICHARD C. FRANZA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=201 SEPTEMBER 20, 1984. JOHN E. SIRINE AND ASSOCIATES, LTD, SURVEYORS & ENGINEERS VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the 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 Richard C. Franza, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from City property known as Salem Lakes South Park and that Richard C. Franza, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. - 33b - AND, PROVIDED FURTHER, that it is expressly understood and agreed that Richard C. Franza, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Richard C. Franza executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of February , 1986 . GLF/rab 8/2/85 (29D) APPROVED AS TO CON '¡';;'.. ¡ , f. )4 /\ ~ ~~~ ~-~~ r ' - .' I , SIGNATURf DEPARTMENT ED AS TO' FORM fJ -2- - 34 - Item II-L.12 CONSENT AGENDA ITEM II 25019 Upon motion by Counci lman Louis Jones, seconded by Counci lman Fentress, City Counci I APPROVED the APPOINTMENT OF VIEWERS: Ordinance closing, vacating, and discontinuing a portion of that certain street, known as 40' Unnamed Street, as shown upon that certain plat entitled, "Street Closure Plat Portion of 40' Unnamed Street As Shown On Plat Entitled Property of Thomas Lamb located near Sea tack" (Lynnhaven Borough) Virginia Beach, Virginia, in the petition of Marc-Lyn Associates. The Viewers are: Robert J. Scott Director of Planning David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. .,,_"l.._..~_n ')/. 10Q&;. ~.~. - 34a - ORDINANCE APPOINTING VIEWERS WHEREAS, Marc-Lyn Associates, a Virginia general partner- ship, has given due and proper notice, in accordance with the statutes for such cases made and provided that it will on February 24, 1986, apply to the City Council 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 said Viewers, and, and if any, what inconvenience would result from the discontinuance of the here- inafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert,Jr. Robert J. Scott and David Grochmal 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 that portion of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT certain street located in the Lynnhaven Dorough of the City of Virginia Beach, Virginia, and shown and designated as "40' Unnamed Street" on that certain plat entitled "Street Closure Plat Portion Of 40' Unnamed Street As Shown On Plat Entitled Property Of Thomas Lamb Located Near Seatack" which said plat is dated 2 January 1986; said street is further described as follows: Beginning at a point in the easterly right-of-way line of South Birdneck Road as shown on the aforesaid plat, which point is at the southeasterly intersection of the easterly line of South Birdneck Road and the southerly line of said 40' Unnamed Street and which point is also in the northwesterly corner of Lot 3, as shown on said plat; thence S 68° 3l' 00" E (S 67° 55' 5l" E field) 446.70' along the southerly side of said 40' Unnamed Street; thence N 22° 36' 26" E 40.24' to a point on the northerly side of said 40' Unnamed Street; thence N 68° 31' 00" W (N 67° 55' 51" W field) 350.00' along the northerly side of said 40. Unnamed Street; thence N 22° 04' 09" E 5.00' to a point; thence N 67° 55' 51" W l25.66' to a point on the - 34b - easterly right-of-way line of South Birdneck Road; thence along the easterly line of South Birdneck Road S 11° 20' 00" E (S lOo 12' 44 E field) 53.5l' to the point or place of beginning. All the above as shown upon that certain plat entitled "Street Closure Plat Portion of 40' Unnamed Street As Shown On Plat Entitled Property Of Thomas Lamb Located Near Seatack" , which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afore-described street. ADOPTED: February 24, 1986 - 2 - o. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS 40' UNNAMED STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT PORTION OF 40' UNNAMED STREET AS SHOWN ON PLAT ENTITLED PROPERTY OF THOMAS LAMB LOCATED NEAR SEATACK, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Marc-Lyn Associates, a Virginia general partnership, respectfully represents as follows: l. That pursuant to the provisions of Section l5.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: ALL THAT certain street located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and shown and designated as "40' Unnamed Street" on that certain plat entitled "Street Closure Plat Portion Of 40' Unnamed Street As Shown On Plat Entitled Property Of Thomas Lamb Located Near Seatack" which said plat is dated 2 January 1986; said street is further described as follows: Beginning at a point in the easterly right-of-way line of South Birdneck Road as shown on the aforesaid plat, which point is at the southeasterly intersection of the easterly line of South Birdneck Road and the southerly line of said 40' Unnamed Street and which point is also in the northwesterly corner of Lot 3, as shown on said plat; thence S 68° 3l' 00" E (S 67° 55' 51" E field) 446.70' along the southerly side of said 40' Unnamed Street; thence N 22° 36' 26" E 40.24' to a point on the northerly side of said 40' Unnamed Street; thence N 68° 3l' 00" W (N 67° 55' 51" W field) 350.00' along the northerly side of said 40' Unnamed Street; thence N 22° 04' 09" E 5.00' to a point; thence N 67° 55' 5l" W l25.66' to a point on the easterly right-of-way line of South Birdneck Road; thence along the easterly line of South Birdneck Road S llO 20' 00" E (S lOO 12' 44 E field) 53.51' to the point or place of beginning. Said parcel of land being a portion of a 40' Unnamed Street, as indicated on that certain plat entitled "Street Closure Plat Portion Of 40' Unnamed Street As Shown On Plat Entitled Property Of Thomas Lamb Located Near Seatack", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing a portion of the aforesaid street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of a portion of said street; and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view a portion of said platted street proposed to be closed and to report in writing to the Council on or before the llth day of March, 1986, , ,. .. as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of a portion of the said street, as herein reported and described. 3. That on February 4, 1986 and on February l1, 1986 notice of the presenting of this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. That the fee simple owner of all land along and adjacent to and affected by the portion of the said platted street is your Petitioner herein, Marc-Lyn Associates, a Virginia general partnership, 370l Pacific Avenue, Virginia Beach, Virginia. Respectfully submitted, MARC-LYN ASSOCIATES a Virginia general partnership By General Partner - 2 - THOMAS M. AMMONS 111 ,.TTORNEY ,.T L,.W THO....... M. A""ONS m H....""y R. PUI"'EY, .J" 303 34T" STREET, SUITE 5 VII'tOINIA .EACH. VII'tGINIA 23-.151 TELEPHONE (804' 4Z6- (,443 CLf.:'lJFICATE OF VESTING Of' TITLI: January 17, 1986 The Honorable City Council City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear ~1embers of City Council: I, Harry R. Purkey, Jr., attorney for Marc-Lynn Associates, a Virginia partnership, do hereby certify that: 1. I Associates; am an attorney at la\'¡ and represent Narc-Lynn 2. If the Property described below is discontinued, closed and vacated by the Council of the City of Virginia Beac:1, Virginia, then title to said property will vest in the adjacent property owners. No third party owns an interest in and to the f~e in the said street. The said property referred to herein is hereby desc~ibed as follows: ALL THAT certain street located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and shown and designatt:!d as "401 Unnamed Street" on that certain plat entitled "Street Closure Plat Portion Of 401 Unnamed Street As Shown On Plat Entitled Property Of Thomas Lamb Located Near Seatack" which said plat is dated 2 January 1966; said street is further described as follows: Beginning at a point in the easterly right-of-way line of South BirdnE:ck Road as shown on the aforesaid plat, which point is at the southeasterly intersection of the easterly line of South Birdneck Road and the southerly line of said 401 Unnamed Streel and which po~nt is also in the northwesterly corner of Lot 3, as shown on said plat; thence S 68° 311 00" E The Honorable City Council January 17, 1986 Page Two (S 67° 55' 5]" E field) 446.70' along the southerly side of said 40' Unnamed Street; thence N 22° 36' 26" E 40.24' to a point on the northerly side of said 40' Unnamed Street; thence N 68° 31' 00" W (N 67° 55' 51" W field) 350.00' along the northerly side of said 40' Unnamed Street; thence N 22" 04' 09" E 5.00' to a point; thence N 67° 55' 51" W 125.66' to a point on the easterly right-of-way line of South Dirdneck Road; thence along the easterly line of South Birdneck Road S lIe 20' 00" E (S 10° 12' 44 E field) 53.5l' to the point or place of beginning. (.I Yo rs ve)Y ~ uly, ~ {i'l/c/}vL' "[:1./ Harry R. Purkey, Jr. - - 35 - Item II-L.13 CONSENT AGENDA ITEM II 25020 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of South Kentucky Avenue in the petition of DeFord, Limited (Kempsville Borough) Application of DeFord, Limited for the discontinuance, closure and abandonment of a portion of South Kentucky Avenue beginning at the Northern boundary of Bonney Road and running in a northerly direction a distance of 290.28 feet, (Kempsville Borough). Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 35 a - CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION DeFORD, LIMITED AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF SOUTH KENTUCKY AVENUE, IN KEMPSVILLE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, DeFord, Limited, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of ,1985, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 28th day of July ,1985, and on the 6th day of August ,1985, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street¡ and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the day of ,1985, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the ~day of Augus~ GROVER C. WRIGHT. JR. ATTOIUrBY JUfD COUlf8ELLOH AT LAW, P.C. BUIT. 11011 .IIACH TOW." .UILDI"O 1111110 ....".,C "V"NU" VI.OIIiIA BBACH, VIHOINIA Uß4ðO 35b - 1985, appointed , , and , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of South Kentucky Avenue in the Borough of Kempsville, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of South Kentucky Avenue adjoining Lots 12 through 21, inclusive, and designated as "0.290 Acre", as shown on plat entitled "Plat Showing A Portion of South Kentucky Avenue to be Closed for DeFord Limited, Kempsville Borough, Virginia Beach, Virginia", made by John E. Sirine and Associates, Ltd., dated June, 1985. - 35c - 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of DeFord, Limited, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the ---- day of , 1985. TESTE1 RUTH SMITH, CITY CLERK By City Clerk FINAL APPROVAL: February 24, 1986 - 36 - Item II-L.14 CONSENT AGENDA ITEM If 25021 Upon motion by Counci lman Louis Jones, seconded by Counci lman Fentress, City Counci 1 APPROVED: RAFFLE PERMITS John B. Dey PTA Aragona Pembroke Little League Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. February 24, 1986 - 37 - Item II-M.l APro INTMENTS ITEM /I 25022 Upon NOMINATION by Councilwoman Creech, City Council APPOINTED Edward B. Snyder to the ADVERTISING SELECTION COMMITTEE for an unexpired term through December 31, 1987. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None H'oh..-,,<I..-.. ?/. 10Qe:", - 38 - Item II -M. 2 . APPOINTMENTS ITEM /I 25023 Upon NOMINATION by Vice Mayor McClanan, City Council APPOINTED Councilwoman Nancy A. Creech to the EASTERN VIRGINIA MEDICAL AUTHORITY through May 31, 1987. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: None February 24, 1986 - 39 - Item II-M.3. APPOINTMENTS ITEM If 25024 Upon NOMINATION by Councilman Robert Jones, City Council REAPPOINTED the following to the PERSONNEL BOARD for a three (3) year term: Charles W. Gardner March 1, 1986 - February 28, 1989 Edward Link October 3, 1986 - February 28, 1990 AND, APPOINTED the following for a three (3) year term: Willie Basnight Robert T. Hagerman Voting: 11-0 March 1, 1986 - February 28, 1989 March 1, 1986 - February 28, 1989. 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 Item II-N.1 - 40 - UNFINISHED BUSINESS ITEM II 25025 OCEANFRONT VISITOR AND TRAVEL CENTER The City Manager introduced Jack Whitney, Chief of Comprehensive Planning, who presented an Interim Report on the possible OPTION D of the 1RT OCEANFRONT 1RA VEL CENTER. A meeting was convened with various interested parties relative this issue last week in the PLANNING DEPARTMENT CONFERENCE ROOM. Representatives from the HOTEL/MOTEL ASSOCIATION, the RESORT AREA ADVISORY COMMISSION, the CHAMBER OF COMMERCE, the OLD BEACH CIVIC LEAGUE, TIDEWATER REGIONAL TRANSIT AUTHORITY as well as their Consultant, Parsons, Brinckerhoff, Quade and Douglas, and the City were in attendance. A Consensus of five (5) basic issues to be addressed by this representative group, TRT and the City in development of a possible "OPTION D" for presentation to City Council were developed: 1. Automobile oriented visitor information function currently being conducted at the Dome Site. This element along with pedestrian oriented information would contribute to a preceived conjestion problem at this particulat location. TRT and the Planning Department are developing an option to separate that part of information concerning the automobile oriented visitor to the oceanfront and attempting to accommodate this particular need off-site. 2. Dispersion Program. Concern was expressed relative people arriving at this OCEANFRONT VISITOR AND TRAVEL CENTER in one location and not providing adequate means for those individuals to disperse to beaches and activity centers throughout the oceanfront. TRT and the City are coordinating in the development of more active programs and strategies to facilitate dispersion from the CENTER to points of interest and beaches in the OCEANFRONT. TRT is compiling a written strategy outlining some al ternatives they would be willing to include in their overall program of operations within this facility for the City's consideration. Same would include additional marketing advertising and signage to indicate where the various trolleys stop and the trolley routes as well as the location of the various ac ti vi ty centers such as the MARINE SCIENCE MUSEUM and the beaches. There also exists the possibility of developing new special shuttle routes which would connect designated beach areas and emanate from the CENTER. All of these programs and alternative strategies will be presented in written form prior to the next meeting of this representative group. 3. The location of this facility at Nineteenth Street. Although, this issue embodies the other four, it was identified as a particular issue for consideration. Alternatives are being investigated concerning the feasibility in terms of cost, function and engineering constraints which mayor may not eliminate other sites from consideration. 4. Closure of Nineteenth Street. This was discussed at length. It is the opinion of all parties involved, through the review and possible consideration of an alternative circulation system on 18th, 19th, and 20th Streets, the problems associated with the Closure of 19th Street in terms of access to and from the Pavilion can be eliminated, if not reduced significantly. The Ci ty is presently, through the office of the Traffic Engineer, evaluating an alternative circulation scheme for the streets immediately adjacent to the proposed site in keeping with the recommendations resulting from the Meetings. February 24, 1986 - 41 - Item U-N.1 UNFINISHED BUSINESS ITEM # 25025 (Continued) OCEANFRONT VISITOR AND TRAVEL CENTER 5. Development Density. It was indicated, particularly from the RAAC, the site plan was too cluttered, too dense and involved far too many physical structures in a relatively small site. An alernative site plan is being drafted by the Consultant who has been working on this project for the City's consideration which will remove certain elements of the original OPTION C related to transportation and private development and replacements of those elements with lower intensity on at least an interim basis. This revised site plan will be available within approximately a week. This Representative Group is scheduled to meet again on March Fifth for further discussion of these various issues and review of the forthcoming technical documentation in order to arrive at some position relative OPTION D. An additional two weeks will be needed for the various individuals to return to their associations and acquire revised positions regarding OPTION D. Staff should be prepared to return to City Council with OPTION D on the third or fourth Monday in March. In response to Councilman Jennings' inquiry relative the Passenger Rail Service to the Oceanfront, Mr. Whitney advised there are two different projects being developed for TRT by two separate Consulting firms. The consultant Firms had been requested to work together so that each might be aware of what the other was doing. The OCEANFRONT VISITOR AND TRAVEL CENTER was designed to accommodate the light rail service. Councilman Robert Jones referenced a letter from the UNITED METHODIST CHURCH advising of their being the largest property owner in the area. Mr. Whi tney assured Council they would be kept informed of the meetings and developments concerning the OCEANFRONT VISITOR AND TRAVEL CENTER. (Said letter is hereby made a part of the record). February 24, 1986 - 42 - Item II -N . 2 UNFINISHED BUSINESS ITEM /I 25026 LITTLE NECK BIKEWAY A letter from Shirley Marlow dated February 24, 1986, in support of continuing the Bike Trail to the end of Little Neck Road on the side where it originated, is hereby made a part of the record. Jim Holmes, spoke in support of completing Phase 2 at Redwood. Ronald Dukes, spoke in opposition to the Bike Trail being revised with less distance and requested completion of the Bike Trail. Letters in support of completing the Bike Trail were introduced and are hereby made a part of the record. Dr. Donnelan Sogn, spoke in favor of first plan being presented by the City Engineers. Margit Maynard, represented a "middle of the road" position. Tom Barton, requested the 8' Bike Trail be continued down the east side of Little Neck Road. The following registered but WAIVED their right to speak as they were represented by Ronald Dukes: Michael Jay Kenslow Keith Ellis Joe Pilligrin Peggy Witte Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council AUTHORIZED the City Manager to continue with the ORIGINAL PLAN as contracted for the LITTLE NECK BIKEWAY. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 43 - Item II-N. 3 UNFINISHED BUSINESS ITEM If 25027 ADD-ON TRANSFER STATION LANDS TOWN ROAD SITE Vice Mayor McClanan sponsored the citizens who wished to speak in OPPOSITION to the selection of the LANDSTOWN ROAD SITE for the TRANSFER STATION. This site was selected by City Council on February 3, 1986. Debbie Fujimoto Robert T. Lloyd Anne Cummings Jessica Ellison David P. Roddy Petitions in OPPOSTION to the LANDS TOWN ROAD SITE selection as the TRANSFER STATION are hereby made a part of the record. Council took NO ACTION on this particular matter. February 24, 1986 - 44 - Item II-N.4 UNFINISHED BUSINESS ITEM II 25028 Councilwoman Henley refereced the letter received by City Council form Helen McDonald, Secretary, SANDBRIDGE BEACH RESTORATION ASSOCIATION. Ci ty Council had ADOPTED a Resolution requesing a six-month extension on the "comment period" for the Rivers and Harbors Board of Engineers for the Draft Environmental Impact Statement (Final Phase I General Design Memorandum Beach Erosion Control and Hurricane Protection, Sandbridge Beach, Virginia Beach, Virginia). This Resolution was ADOPTED on September 16, 1986. Mrs. McDonald's letter requested another statement be made by the City. The City Manager advised he will secure the reports of Dr. Dolan and Dr. Moszer plus additional studies and information generated now from the SANDBRIDGE BEACH RESTORATION ASSOCIATION. The City Manager after review of this material will determine whether Staff will encourage or support SANDBRIDGE to be included as a part of the HURRICANE PROTECTION PROJECT. Staff's evaluation will be submitted to City Council. Mrs. McDonald advised a positive statement by the City would be beneficial to the cause. February 24, 1986 - 45 - Item II-0.1 NEW BUSINESS ITEM II 25029 FRANCIS LAND HOUSE Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council APPROVED the FRANCIS LAND HOUSE BOARD OF GOVERNOR'S request for retention of Parcel C-2. The C-2 Parcel consists of 1.056 acres and is adjacent to the FRANCIS LAND HOUSE. Voting: 11-0 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 - 46 - Item II-0.2 NEW BUSINESS ITEM If 25030 ENVIRONMENTAL CONCERNS Councilman Jennings referenced his letter of February 20, 1986, to City Council and a number of regional beach and sand related projects presently in the planning stages: Thimble Shoals Channel Maintenance Dredging Projects, Beach Erosion Control and Hurricane Protection Plan, Rudee Inlet Maintenance Dredging Project, and the Lynnhaven Inlet, Bay and Connecting Waters Dredging Project. Councilman Jennings strongly suggested an opportunity to provide a comprehensive effort in the protection of this environment to ensure our area of adequate shoreline in the years to come. (Said letter is hereby made a part of the record.) Mayor Heischober and Councilman Jennings will review and formulate a package for Council's consideration. The City Manager will also assign a member of City Staff to assist the Mayor and Councilman Jennings. February 24, 1986 - 47 - Item II-0.3 NEW BUSINESS ITEM If 25031 INTERIM FINANCIAL REPORT The INTERIM FINANCIAL STATEMENTS for the period July l, 1985 through January 3l, 1986 was distributed to City Council. Said Statements are hereby made a part of the record. The City Manager advised he forwarded copies to Council of the Staff's reponse to the City's last AUDIT REPORT. February 24, 1986 - 48 - Item II-P.l ADJOURNMENT ITEM If 25032 Upon motion by Councilwoman Creech, and BY ACCLAMATION, City Council ADJOURNED the meeting at 10:00 P.M. GJ ~ tJ. h;;dJ Beverl . Hooks Chief Deputy City Clerk ~~~ R ~dgeS Smith, CMC City Clerk City of Virginia Beach Virginia February 24, 1986