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JUNE 9, 1986 MINUTES "WORLD'S LARGEST RESORT CITY" CTry COUNCIL MA YOR HAROLD ME=OS= As VICE-MA YOR @ S. M@AN. P-- A- @A JORNA. BAUM. @@A NANCY A. CRUCH. Al @ ROB&RT E V@ U. JACJR MWM& JP-. L@ @k LOUIS R. JONM @ @A ROBERT G. JONM A, L.W J. JIENRYMICOY. JJL. K@ @A @ L @. Al L-" mi C@@ SULLDLVG RUTif HODGES SWM CMC CAW MA CITY COUNCIL AGENDA MUNICIPAL @ VIRr.WL4 MACH VLWWL4 @MN 18041 U7@ June 9, 1986 Virginia Beach City Council BRIEFING: Conference Room - 12:00 PM WRITE-IN VOTES - Dr. Marlene Rager General Registrar ARTS CENTER FUNDING BY CITY - Mrs. Patricia Phillips Director of Pesearch COST OF SERVICE/WATER AND SEWER - Mr. Clarence Warnstaff Director of Public Utilities ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESs INTO EXECUTIVF SESSION ITEM II. RFGULAR SESSION OF VIRGINILA BEACH CITY COUNCIL - Council Chambers 2:00 PM A. INVOCATION: Reverend John Osberg, D.D. Diamond Springs Christian Ch,rch .B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF A14ERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MAN&GER'S ADMINISTRATIVF ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Minutes of May 19, 1986, DEFERRED June 2, 1986 2. Minutes of June 2, 1986. G. PRESENTATION 1. Resolutions in Recognition and Lifesaving Awards Rudee Inlet Accident John Coates Patrick Dunthorn William W. Hamaker John Krawczyk Britt Simon 47th Street Accident Drew Katabian Kirk McClurkin Croackett Pavlik Vehicle Submersion Leslie Allman James R. Anderson Daniel K. Ryan H. PLANNING 1. Ordinance for the discontinuance, closure and abandonment for a portion of Knotts Island Road in the petition of Russell Simpson (Pungo Borough). Recommendation: EXTENSION OF TIME TO July 14, 1986. 2. Application of Joe and Alma Anderson for a variance to Section 4.4(b) and Section 4.4(d) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance located at the west side of Moore's Lane, 254.99 feet north of Hermitage Road (Bayside Borough). Recommendation: ALLOW WITHDRAWAL 3. Application of Clarence Leon Wright, Jr., Trustee, for a change of zoning from R-8 Residential District to B-2 Community- Business District located at the southeast corner of Virginia Beach Boulevard and Thalia Road containing 11,761 square feet (Kempsville Borough). Recommendation: APPROVAL 4. Application of Affordable Homes, Inc., for a change of zoning from R-6 Residential District to A-2 Apartment District located at the northeast side of Princess Anne Road containing 9.9 acres (Kempsville Borough). Recommendation: APPROVAL 5. Application of Samuel R. Weaver for a conditional use permit for a home for adults on Lot 13, Block B, Stratford Chase located at 5148 Stratford Chase Drive containing 12,375 square feet (Kempsville Borough). Recommendation: DENIAL 6. Application of Donald S. Lewis, Sr. and Donald S. Lewis, Jr., of Auslew Gallery, Inc. for a change of zoning located at the east side of Diamond Springs Road, south of Northampton Boulevard containing 4.45 acres (Bayside Borough), (SAJO Farm). From R-1 Residential District with a PD-R2 Overlay to R-1 Residential District on 4.45 acre parcel AND, A conditional use permit for an art gallery on 4.45 acre parcel Recommendation: APPROVAL 7. Application of Don Gene Moy, Yeelin C. Woo and Pam Corporation, for a change of zoning from R-5 Residential District to A-2 Apartment District located at the northeast corner of Muth Lane and Newtown Road containing 12 acres (Bayside Borough.) Recommendation: DENIAL 8. Application of Mrs. Ursula Jones, for a change of zoning located at the east side of Diamond Springs Road containing 1.346 acres (Bayside Borough), (SAJO Farm). From R-8 Residential District with a PD-H2 Overlay to AG-2 Agricultural District on a 1.346 acre parcel AND, A conditional use permit for an animal hospital on a 1.346 acre parcel Recommendation: DENIAL 9. Application of Carr-Davis, Inc., f or a change of zoning from R-6 Residential District to B-2 Community-Business District located at the northeast corner of Princess Anne Road and Providence Road containing 17.3 acres (Kempsville Borough). Recommendation: DENIAL 10. Application of James L. and Stella Z. Haffey for a conditional use permit for an auto repair shop (installation of equipment for four wheel drive vehicles) located at the south side of 5501 Virginia Beach Boulevard, containing 43,020 square feet (Bayside Borough). Recommendation: DENIAL RESOLUTION/ORDINANCES 1. Resolution accepting the conclusions and recommendations of the Great Neck and Little Neck Groundwater Task Force. 2. Ordinance to transfer $20,000 to the Department of Public Works to provide for examination of the exposed bulkhead problem at Ocean Park. 3. Ordinance to transfer $220,000 from Water and Sewer Fund Reserve for contingencies to the operating budget for a Consultant Rate Study on water and sewer services with Alvord, Burdick and Howson. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to a-end and reordain Chapter 31 of the Code of the City of Virginia Beach, Virginia, by adding a new Section 31-35 pertaining to refuse debris trailers. 2. Ordinance to transfer $205,000 of appropriations for the emergency dredging of Rudee Inlet. 3. Ordinance upon SECOND READING to appropriate $127,000 in the Department of Social Services to cover excess expenditures in the Public Assistance Unit. 4. Ordinance upon SECOND READING to appropriate $151,984 for the capping of MiDunt Trashmore. 5. Ordinance authorizing the enlargement of the nonconforming use and structure located at 4025 West Neck Road (property of Angus L. Cartvright). 6. Ordinance to authorize a temporary encroachment into a portion of the City's property known as Lake Bradford to Pleasure House Construction Corporation, its assigns and successors in title. 7. Ordinance to authorize a temporary encroa@ent into a portion of the right-of-way of 20th Street to the Capes Hotel, Inc., its assigns and successors in title. 8. Bingo/Raffle Permit Virginia Nurses Association - Raffle Tidewater Board of Realtors - Bingo 9. Ordinance authorizing tax refunds in the amount of $1,375.05. K. UNFINISHED BUSINESS 1. CODE OF ETHLCS/CONFLICT OF INTERESTS ORDINANCE L. NEW BUSINESS 1. Revocation of Bingo/Rraffle Permit No. 109 for Tidewater Community Development Corporation M. ADJOURNMENT Item II-F. I MINUTES ITEM # 25527 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the Minutes of Junc 9, 1986,with the following CORRECTION: ITEM # 25486, Page 2, EXECUTIVE SESSION Voting: 9-2 should correctly read Voting: 9-0 Two Members of Council were Absent. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Ilenley, 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: H. Jack Jennings, Jr. June 16,1986 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G WRITE-IN VOTES June 9, 1986 12:00 NOON The City Manager introduced Dr. Marlene Hager, General Registrar, who presented a BRIEFING on WRITE-IN VOTES. Dr. Hager depicted an actual ballot. She advised the State Board of Elections controls the Ballot as it is composed and provides the number of spaces allocated each candidate. The BALLOT is then printed in the City's Print Shop. The actual composition is not determined by the REGISTRAR'S OFFICE. Dr. Hager further advised of the number of Write-In Votes, 125 were actually listed with a name; however, there were a total of 5,000. Each Candidate is given a number and each write-in position is given a number. The BALLOT is so constructed that the City must follow those numbers on the BALLOT. Councilman Baum suggested the names be separated one space from the write-in votes. Dr. Hager referended consistency in the BALLOT was cited as the reason for this procedure. Single spacing was done throughout the State for all localities with a computerized system. BY CONSENSUS, City Council requested Dr. Hager to advise the State Board expressing Council's concern and request a different spacing. Dr. Hager advised she believed the mistakes derived fro, write-in votes was a deliberate act. If you double space between the name and the write-in, more attention will be focused on same, which was one of the State's concerns. Dr. Hager referenced 30,369 individuals did not vote. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G ARTS CENTER FUNDING BY CITY June 9, 1986 12:20 P.M. The City Manager introduced Patricia Phillips, Director of Research, who preseuted information relative ARTS FUNDING BY THE CITY. Patricia Phillips advised during 1985, City Council reserved $1.5 Million from the General Fund Balance for the proposed new Virginia Beach Arts Center facility. The funds were to be appropriated at the time the General Asembly contributed a like amount; the 1986 General Assembly did not appropriate any funds. Mrs Phillips further reiterated a report entitled: PROPOSED CONTRIBUTION TO VIRGINILA BEACH ARTS CENTER. Said report is hereby made a part of the Record. City Council set aside 12 acres (valued at $1,724,800) in 1971 for the proposed new facility in the Toll Road Park near the Virginia Beach Expressway. The VIRGINIA BEACH ARTS CENTER, established in 1952, has been at its current location at 1711 Arctic Avenue since 1977. The Arts Center is a membership organization with approximately 1,350 members. There are currently (6) full-time and 3 part-time staff. The annual cost of operations for 1985 was $291,736.00. The proposed new facility ie estimated to cost $4,614,816. It will be turned over to the City and leased to the Arts Center. The groundbreaking for the new facility is scheduled for July Seventh. Governor Baliles is scheduled to attend. The City Manager advised his recommendations. If Council desires to remove any funding coutingency, the City may appropriate $1.5 MILLION and pay the funds with the following conditions: 1. The project is bid out in accordance with City policy and the price does not exceed current estimates. If estimates are exceeded, the Arts Center will work with City staff in modifying the design in order to lower cost. 2. The City release funds on a monthly draw basis after the Arts Center has used all available private funding. This is expected to occur as early as March, 1987, in order to prevent the Arts Center from requiring short-term borrowing. The availability of City funds should be contingent on the Arts Center having completed at least 20% of construction and realizing at least 80% of pledge revenues projected for that point in time (as projected by cash flow statement given to Patricia Phillips by Michael Marks on May 30, 1986). Requests for payment should be made thirty days in advance. B R I E F I N G (Continued) 3. The Manager shall be informed of all change orders to the construction project; in addition, all change orders in excess of $5,000 shall be approved by the City Manager. Approval will not be withheld unreasonably. 4. The Executive Committee -- Five (5) additional persons (the Director of General Services plus four persons appointed by Council should be added to both the Executive Committee and the Board of Trustees. The Arts Center Board of Trustees may make recommendations for Council consideration through the City Clerk's Office. 5. The concerns expressed by City Staff regarding the facility as outlined in Appendix F are resolved, including use of a Halon System in the Exhibit Area. 6. The amount currently in the C.I.P. for sitework is not increased. 7. The lease agreement between the City and the Arts Center for the new facility should be revised to reflect the City's appropriation; this is especially important since the deadline for commencement of construction was August 30, 1985. BY CONSENSUS, City Council SCHEDULED a PUBLIC HEARING and FIRST @ING for $1.5 MILLION appropriation by the City to construct the VIRGINIA BEACH ARTS CEKTER on Wednesday, June 18, 1986, at 7:00 P.M. A SECOND READING was scheduled for the City Council Meeting of June 23, 1986. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heiscliober in the Conference Room, City Hall Building, on Monday, June 9, 1986, at 1:03 P.M. Council Members Present: 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 Absent: Nancy A. Creech (ENTERED: 1:08 P.M.) J. Henry McCoy, Jr., D.D.S. (ENTERED: 2:00 P.M.) - 2 - ITEM # 25486 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assigriment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PIJBLICITY 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 counsel 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 Councilman Louis Jones, seconded by Councilman Robert Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-2 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 (ENTERED: 1:08 P.M.) J. Henry McCoy, Jr., D.D.S. (ENTERED: 2:00 P.M.) - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 9, 1986 2:00 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Rall Building, on Monday, June 9, 1986, at 2:00 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. McC@an, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend John Osberg, D.D. Diamond Springs Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 ITEM # 25487 CONSENT AGENDA The City Manager referenced Bingo Permit for TIDEWATER BOARD OF REALTORS. (See Item II-J.8b of the Consent Agenda). The City Manager requested City Council ALLOW WITHDRAWAL of this particular item. - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 25488 Councilwoman Creech referenced the application of AFFORDABLF HOMES, INC. for a Change of Zoning from R-6 Residential District to A-2 Apartment District located at the northeast side of Princess Anne Road containing 9.9 acres (Kempsville Borough). (See Item II-H.4 of the PLANNING AGENDA). Councilwoman Creech advised she will ABSTAIN on this particular item. Item II-E.2 ITEM # 25489 Vice Mayor McClanan advised she will be attending her son's graduation which might necessitate her leaving the Council Meeting prior to the ADJOURNMENT. Item II-F.1 14INUTES ITEM 254@90 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the Minutes of May 19 and June 2, 1986. 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 - ba - Item II-G. I PRESENTATIONS ITEM # 25490a Mayor Heischober presented the following LIFESAVING AWARDS: Rudee Inlet Accident John Coates Patrick Dunthorn William W. Hamaker John Krawczyk Britt Simon 47th Street Accident Drew Katabian Kirk McClurkin Croackett Pavlik Vehicle Submersion Leslie Allman James R. Anderson Daniel K. Ryan 7 Item II-H.I. PLANNING ITEM 25491 Russell Simpson, the applicant, represented himself Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED EXTENSION OF TIME FOR COMMIANCE until the City Council Meeting of July 14, 1986, an Ordinance for the discontinuance, closure and abandonment of a portion of KNOTTS ISLAND ROAD is the petition of RUSSELL SIMPSON: Application of Russell E. Simpson, for the discontinuance, closure and abandonment of a portion of Knotts Island Road beginning at a point 3950 feet more or less north of the Virginia State Line and running in a northerly diretion a distance of 1362.34 feet. Said parcel contains 40,772 square feet more or less. PUNGO BOROUGH. 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 - 8 - Item II-H.2 ITEM # 25492 PLANNING Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL of an application of JOE AND ALMA ANDERSON for a Variance to Section 4.4(b) and Section 4.4(d) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Joe and Alma Anderson. Property is located on the west side of Moore's Lane, 254.99 feet north of Hermitage Road. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. 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 9 Item II-H.3 PLANNING ITEM 25493 Clarence Leon Wright, Jr., the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of CLARENCE LEON WRIGHT, JR., TRUSTEE for a Change of Zoning: ORDINANCE UPON APPLICATION OF CLARENCE LEON WRIGHT, JR., TRUSTEE FOR A CHANGE OF ZONING FROM R-8 TO B-2 zO6861095 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Clarence Leon Wright, Jr., Trustee, for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District at the southeast corner of Virginia Beach Boulevard and Thalia Road. Said parcel is located at 220 North Thalia Road and contains 11,761 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH 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 lu - Item II-H.4 PLANNING ITEM 25494 Attorney Robert Cromwell represented tbe applicant, and requested DEFERRAL to prepare AGREEMENT Sam Houston, Mayor's Committee on Aging, requested information concerning costs and parking spaces allowed Upon motion by Councilman McCoy, seconced by Councilwoman Oberndorf, City Council DEFERRED for one week until the City Council Meeting of June 16, 1986, Ordinance upon appication of AFFORDABLE HOMES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF AFFORDABLE HOMES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-2 Ordinance upon application of Affordable Homes, Inc., for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain property located on the northeast side of Princess Anne Road, 650 feet southeast of Windsor Oaks Boulevard. Said parcel contains 9.9 acres. Plats with more detailed information are available in the Deparment of Planning. KEMPSVILLE BOROUGH. 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: H. Jack Jennings, Jr. Council Members Abseut: Nancy A. Creech Item 11-H.5- PLANNING ITEM 25495 Attorney Edwin Kellam represented the applicant Susan Ott, President-Elect of the Stratford Chase Community, spoke in OPPOSITION and presented a petition, as well as, introducing a DECLAP,ATION OF RESTRICTIONS for STRATFORD CHASE. (Said documents are hereby made a part of the record). Upon motion by Councilman McCoy, seconded by Councilwomaa Oberndorf, City Council DENIED an Ordinance upon application of SAMUEL R. WEAVER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAMUEL R. WEAVER FOR A CONDITIONAL USE PERMIT FOR A HOME FOR ADULTS Ordinance upon application of Samuel R. Weaver for a Conditional Use Permit for a home for adults on Lot 13, Block B, Stratford Chase. Said parcel is located at 5148 Stratford Chase Drive and contains 12,375 square feet. KEMPSVILLE BOROUGH. 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 Absent: Nancy A. Creech June 9, 1986 Item II-H.6 PLANNING ITEM 25496 (Continued) The following conditions shall be required: 1. Approval shall be for a period of five (5) years. 2. No signs shall be permitted on the property. 3. The Art Gallery shall not be open to the general public and shall operate on a "by appointment only" basis providing such services as sale of art work, expert restoration, custom framing and insurance appraisals. 4. Art openings sball be held at the art gallery not more than two times a year and shall be by invitation only. 5. A maximum of ten (10) rooms in the existing structure shall be used in the operation of the Art Gallery. 6. A caretaker and/or owner shall reside on the premises. 7. A maximum of eight (8) visitors daily would be generated, exclusive of staff movements. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of June, Nineteen Hundred and Eighty-six. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert E. Fentress, Barbara M. Henley, Louis R. Jones and Meyera E. Oberndorf Council Members Absent: None Item II-H.6 ITEM 25496 PLANNING Attorney Edwin Kellam represented the applicant Attorney Robert Cromwell represented Ursula Jones and advised she had no objection to the proposed operation of the Manor House by Auslew Gallery. OPPOSITION: Mary Ruth Scott, resident of Sajo Farm Road Jack E. Greer, represented Mr. and Mrs. N. 0. Scott A MOTION was made by Councilman Louis Jones, seconded by Councilwoman Oberndorf to DENY Ordinances upon application of DONALD S. LEWIS, SR., AND DONALD S. LEWIS, JR. of AUSLEW GALLEPY, INC. for a Change of Zoning from R-1 Residential District with a PD-H2 Overlay to R-1 Residential District and a Conditional Use Permit for an art gallery. Upon SUBSTITUTE NOTION by Councilman Robert G. Jones, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of DONALD S. LEWIS, SR. AND DONALD S. LEWIS, JR. of AUSLEW GALLERY, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF DONALD S. LEWIS, SR. AND DONALD S. LEWIS, JR., AND AUSLEW GALLERY, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 WITH A PD-H2 OVERLAY TO R-1 Z06861096 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Donald S. Lewis, Sr., and Donald S. Lewis, Jr., of Auslew Gallery, Inc. for a 'Change of Zoning District Classification from R-1 Residential District with a PD-H2 Overlay to R-1 Residential District on property located 1400 feet east of Diamond Springs Road, south of Northampton Bouelvard on Parcel 3, Sam Jones Estate. Said parcel contains 4.45 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF DONALD S. LEWIS, SR. AND DONALD S. LEWIS, JR. OF AUSLEW GALLERY, INC. FOR A CONDITIONAL USE PERMIT R0686841 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Donald S. Lewis, Sr., and Donald S. Lewis, Jr. of Auslew Gallery, Inc. for a Conditional Use Peruiit for an art gallery on property located 1400 feet east of Diamond Springs Road, south of Northampton Boulevard on Parcel 3, Sam Jones Estate. Said parcel contains 4.45 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 14 - Item II-H.7 PLANNING ITEM # 25497 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of DON-GENE MOY, YEELIN C. WOO AMD PAM CORPORATIOM for a Change of Zoning: ORDINANCE UPON APPLICATION OF DON GENE MOY, YEELIN C. WOOD AND PAM CORPORATION FOR A CHANGE OF ZONING FROM R-5 to A-2 A-1 (AS MODIFIED) Z06861097 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Don Gene Moy, Yeelin C. Woo and Pam Corporation for a Change of Zoning District Classification from @-5 Residential District to A-2 A-1 (IS-MODIFIED) Apartment District at the northea t@corner of Muth Lane and Newtown Road. Said parcel contains 12 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of June, Nineteen Hundred and Eighty-six. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Absent: None *Verbal Nay - 15 - Item II-H.8 PLANNING ITEM # 25498 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of MRS. URSULA JONES: ORDINANCE UPON APLICATION OF MRS. URSULA JONES FOR A CRANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 WITH A PD-H2 OVERLAY TO AG-2 Z06861098 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mrs. Ursula Jones for a Change of Zoning District Classification from R-8 Re@idential District with a PD-H2 Overlay to AG-2 Agricultural District on certain property located on the east side of Diamond Springs Road, 380 feet more or less north of Lawson Hall Key. Said parcel contains 1.346 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF MRS. URSULA JONES FOR A CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL R0686842 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mrs. Ursula Jones for a Conditional Use Permit for an animal hospital on certain property located on the east side of Diamond Springs Road, 380 feet more or less north of Lawson Hall Key. Said parcel contaisn 1.346 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required; 1. There shall be no development on any remaining acreage in the PD-H2 until a plan has been submitted for the entire property to City Council for approval. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of June, Nineteen Hundred and Eighty-six. - i6 - Item II-H.8 PlANNING ITEM # 25498 (Continued) Voting: 11-0 Council Meinbers 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 Item II-H.9 ITEM 25499 PLANNING Attorney R. J. Nutter represented the application and requested DEFERRAL for staff review of AGREEMENT. (Said agreement is hereby made a part of the record). Allen Burdette, represented the Bellamy Manor East Civic Association, spoke in OPPOSITION and presented a petition (said petition is hereby made a part of the record). Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council DEFERRED for two weeks until the City Council Meeting of June 23, 1986: ORDINANCE UPON APPLICATION OF CARR-DAVIS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Carr-Davis, Inc. for a Chan8e of Zoning District Classification from R-6 Res idential District to B-2 Co munity-Business District on certain property located at the northeast corner of Princess Anne Road and Providence Road. Said parcel contains 17.3 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 6-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech and Robert G. Jones - 18 - Item II-H.10 PLANNING ITEM # 25500 Attorney Gary C. Byler represented the applicant and presented photographs of proposed application (said photographs are hereby made a part of the record). OPPOSITION: Mrs. Margaret A. Herrell, adjacent resident, presented photographs of application (said photographs are hereby made a part of the record). Lily Consolacion, adjacent resident Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of JANES L. AND STELLA Z. HAFFEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAMES L. AND STELLA Z. HAFFEY FOR A CONDITIONAL USE PERMIT R0686843 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James L. and Stella Z. Haffey for a Conditional Use Permit for an auto repair shop (installation of equipment for four wheel drive vehicles) on the south side of Virginia Beach Boulevard, 1177.45 feet east of Fair Meadows Road. Said parcel is located at 5501 Virginia Beach Boulevard and contains 43,020 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Tbe following conditions shall be required: 1. There shall be a stockade fence along the back of the property. 2. Anchor Fence with green slats therein along both sides of the property for the 260-foot buffer. 3. No vehicles or equipment shall be operated or stored on the rear of the property within the 260-foot Buffer or outside the building. 4. No vehicles parked off the approved parking area. 5. All work and repairs shall be performed inside the building. 6. The hours of operation shall be from 8:00 A.M. to 7:00 P.M. 7. The Conditional Use Permit sball be for a period of three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of June, Nineteen Hundred and Eigbty-six. 19 - Item II-H.10 PLANNING ITEM 25500 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 - 20 - Item II-I.1a. RESOLUTIONS/ORDINANCFS ITEM # 25501 ADD-ON The following spoke in support of an Ordinance to Authorize the Acquisition in Fee Simple of Bay Drive and the Ocean Park Beach, either by Agreement or by Condemnation: Judith Conners, President of the Ocean Park Civic League, asked all to stand in support of said Ordinance. Jean Gilman, owner of property in Ocean Park Attorney Charles Salle', represented landowners along the shores of the Chesapeake Bay. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council SCHEDULED for the City Council Meeting of June 16, 1986: AN ORDINANCE TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE OF BAY DRIVE AND THE OCEAN PARK BEACH IN WHICH THE CITY HAS OWNERSHIP RIGHTS TO, EITHER BY AGREEMENT OR BY CONDEMNATION (All the reserved areas shall also be included in said Ordinance) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 21 - Item II-1.1 RESOLUTIONS/ORDIMANCES ITEM # 25502 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED: Resolution accepting the conclusious and recommendations of the Great Neck and Little Neck Groundwater Task Force. Councilman Baum expressed appreciation to Thomas M. Leahy III, Water Resources Engineer with the Department of Utilities, for his excellent presentation concerning GREAT NECK AND LITTLE NECK GROUNDWATER TASK FORCE at the City Council Meeting of June 2, 1986. Voting: 10-0 Couucil 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, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan 21a - A RESOLUTION ACCEPTING THE CONCLUSIONS AND RECOMMENDATIONS OF THE GREAT NECK AND LITTLE NECK GROUNDWATER TASK FORCE WHEREAS, lowered groundwater levels encountered during the summer and fall of 1985 resulted in a number of private well failures, in the City of Virginia Beach; and WHEREAS, a Groundwater Task Force was formed to review the problems associated with these well failures and recommend a course of action; and WHEREAS, that Task Force has submitted a Status Report which makes a number of recommendations to address some of the groundwater problems in the City. NOW, THEREFORE, BE IT RESOLVED that the Council accepts the report of the Great Neck and Little Neck Groundwater Task Force and supports its conclusions and recommendations. The City Manager and staff are hereby directed to prepare the necessary Council agenda items to implement the recommendations contained in the report. Adopted by the Council of the City of Virginia Beach, Virginia, on the -Ninth day of June 1986. TML/ba 5/28/86 - 22 - Item II-I.2 RESOLUTIONS/ORDINANCES ITEM # 25503 Judith Connors, President of the Ocean Park Civic League, spoke in support of the study of the exposed bulkhead problem at Ocean Park, but was in OPPOSITION to the removal of the exposed bulkhead. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to transfer $20,000 to the Department of Public Works to provide for examination of the exposed bulkhead problem at Ocean Park. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan 6 1- - 22a z z 0 8 LU 0 0 p- z a > 0 > m 0 Ix < AN ORDINANCE TO TRANSFER $20,000 TO THE DEPARTMENT OF PUBLIC WORKS TO PROVIDE FOR EXAMINATION OF THE EXPOSED BULKHEAD PROBLEM AT OCEAN PARK WHEREAS, as a result of erosion along the beach front in t@ Ocean Park Area, ah old bulkhead has been exposed creating a hazard extending approximately 1,100 feet west of the Lynnhaven Inlet, and WHEREAS, to eliminate the hazard the city may remove the bulkhead, cover the bulkhead with sand, or take other measures, and WHEREAS, a preliminary report has stated that removal of the old bulkhead would not be advisable without further examination of the coastal situation at the site, and WHEREAS, the fee for the study to examine the coastal situation and to recommend the proper course of action is not expected to exceed $20,000. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $20,000 is hereby transferred from General Fund Reserve for Contingencies to the Department of Public Works oper- ating budget to provide for the examination of the exposed bulkhead problem at Ocean Park. Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth ....... day of June 1986. --------- - - ----- - ------- - --- This ordinance shall be effective from the date of its adoption. KAR/2 ORD8 23 - Item II-I.3 RESOLUTIONS/ORDINANCES ITEM 25504 Edward Bankston, a taxpaying citizen, spoke in OPPOSITION to the Consultant Rate Study. Clarence Warnstaff, Director of Public Utilities, responded to City Council's inquires. Upon motion by Councilman McCoy, secouded by Councilwoman Oberndorf, City Council ADOPTED: Ordinance to transfer $220,000 from Water and Sewer Fuud Reserve for contingeuices to the operating budget for a Consultant Rate Study on water and sewer services with Alvord, Burdick and Ilowsou. Councilwoman Oberndorf congratulated Clarence Warnstaff on his comprehensive explanation concerning the Consultant Rate Study. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. and Vice Mayor Reba S. McClanan -23a - z 0 >- o z AN ORDINANCE TO TRANSFER $220,000 0 FROM WATER AND SEWER FUND RESERVE FOR z in CONTINGENCIES TO THE OPERATING BUDGET FOR A CONSULTANT RATE STUDY ON > Z4u 0 WATER AND SEWER SERVICES CL WHEREAS, over the past ten years the Department of Public Utilities has commissioned four water and sewer service rate studies to determine a schedule of service charges to maintain the self-supporting status of the Water and Sewer Enterprise Fund, and WHEREAS, the Department of Public Utilities now recommends a full-scale cost service study to determine revenue requirements and to develop recommend- ations for allocating charges versus costs projected over a five year period, and WHEREAS, the cost of the study is based upon an hourly rate structure with the maximum contract amount not to exceed $269,000, and WHEREAS, $49,000 is presently available in the Public Utilities budget resulting in the need for an additional $220,000 to be transferred from Water and Sewer Reserve for Contingencies. NOW THEREFORE BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $220,000 is hereby transferred from Water and Sewer Fund Reserve for Contingencies to the Public Utilities operating budget for funding a consultant rate study. BE IT FURTHER ORDAINED, that the City Manager is hereby authorized to enter into an agreement with Alvord, Burdick and Howson for professional services for a water and sewer rate, cost of service study. Said proposed agreement is attached as Exhibit "A". Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth day of June , 1986. This ordinance shall be effective from the date of its adoption. CITY OF VIRGINIA BEACH, VIRGINIA PROFESSIONAL SERVICES CONTRACT AGREEMENT THIS AGREEMENT entered into as of this day of , 1986, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" and Alvord, Burdick & Howson, Engineers, a partnership, hereinafter referred to as "CONSULTANT". WITNESSETH THAT: WHEREAS, the CITY requires professional services for a Water and Sewer Rate, Cost of Service Study to assure adequate revenue and to distribute the burden of raising said revenue in a fair and equitable manner; and WHEREAS, it is recognized by the CITY that such an undertaking can be completed more rapidly and efficiently by augmenting its staff with services of the CONSULTANT, experienced and qualified in this field; and WHEREAS, the ENGINEER has the necessary qualifications, expertise and experience necessary to furnish such services upon the terms and conditions set forth hereinbelow; and WHEREAS, the CONSULTANT has a general familiarity with the problem gathered from previous studies and has expressed a willingness to provide said services as may be required by the CITY upon the terms and conditions hereinafter provided. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION 1 - SCOPE OF SERVICES The Scope of Services shall include the following: 1.1 Review population, customer classes, water demand and sewage flows. 1.2 Tabulate representative sample of bills to determine customer classes and usage, which will serve as a basis for testing proposed rate schedules. 2 1.3 Develop revenue requirements considering: operation & Maintenance Expense Administrative Cost Debt Service Depreciation & Replacement of Facilities Capital Improvements through Current Revenues Transfer of Funds to or from Other Municipal Accounts. 1.4 Inspect, inventory and evaluate facilities age and depreciation of system assets. 1.5 Review and allocate operation and maintenance expense to functional categories. 1.6 Allocate capital facilities cost to functional categories. 1.7 Evaluate revenue SSecured under present rates. 1.8 Examine capital and depreciation accounts. Evauluate renewal and replacement allocation for capital improvements. 1.9 Evaluate charges versus costs, based on five-year projection and recommended rate increases for two years. 1.10 Develop rate structure for water and sewage service, allocating costs among customer classes. Study the advisability of a seasonal rate for hotel and other commercial customers. 1.11 Evaluate rate structures for dependence on capital fees and make recommendation to reduce dependehcy. 1.12 Test rates with appropriate service classes for revenue adequacy. 1.13 Evaluate the benefits and burdens to switch from bi-monthly meter reading to monthly meter reading. Review meter reading technologies for new breakthroughs in data collection, handling, and integration into the billing system. 1.14 Evaluate potential methods to provide utility rate relief for the City's qualified elderly. 1.15 Evaluate the feasibility of establishing separate Water and Sewer Funds for accounting purposes; the advantages and disadvantages. 3 1.16 Evaluate Utility Fund accounting practices currently in use by Department of Public Utilities and City of Virginia Beach and recommend its continuation or replacement: 1.17 Determine the cost of fire protection and evaluate current fund transfer from the General Fund for adequacy. 1.18 Prepare draft report for City review and final report, properly documented and illustrated. 1.19 At the conclusion of the study, the Consultant shall furnish the City full study documentation and background material, including software. 1.20 Present final recommendations to the City Council. SECTION 2 - ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the CITY, the CONSULTANT will furnish Additional Services which shall be paid for by the CITY as indicated in Section 5. SECTION 3 - THE CITY'S RESPONSIBILITY The CITY will: 3.1 Provide full information as to its requirements for the work. 3.2 Assist the CONSULTANT by placing at his disposal all available information pertinent to the work, including previous reports and any other relative data. 3.3 Furnish the CONSULTANT appropriate City documentation including water consumption, financial data, plant inventory records, customer billing records and other appropriate information required for the study. 3.4 Guarantee access to and make all provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perfotm his services under this Agreement. 3.5 Examine the report draft presented by the CONSULTANT and render in writing decisions pertaining thereto within the prescribed time so as not to delay the services of the CONSULTANT. 4 3.6 Designate in writing a person to act as CITY'S representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to the services covered by this Agreement. 3.7 Furnish, or direct the CONSULTANT to provide, necessary Additional Services as stipulated in Section 2 of this Agreement or other services as required. 3.8 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIOD OF SERVICE 4.1 T@e services called for in Section 1 shall be completed and the deliverables submitted as shown on Exhibit "A" which is attached. The schedule is predicated upon receipt of notice to proceed on or before may 1, 1986. 4.2 If the CITY has requested significant modifications or changes in the scope of the work, the time of performance under paragraph 4.1 shall be adjusted appropriately. SECTION 5 - PAYMENTS TO THE ENGINEER 5.1 For the scope of services indicated in Section 1, the CITY shall pay the CONSULTANT on a hourly basis at the rates indicated below, with the maximum contract amount not to exceed $269,000 (Two Hundred Sixty Nine Thousand Dollars). Partner (Project Manager) $107 Project Engineer 69 Engineer 57 Technician and Drafter 41 Secretary/Typist 32 Office Help 24 Direct Expenses At Cost 5.2 If additional services are requested of the CONSULTANT, the CITY shall compensate the CONSULTANT on the basis of the same hourly rate schedule. 5.3 The CITY shall make prompt payments to the CONSULTANT based on monthly billings which shall represent actual work accomplished and hours expended up to the following limit: Draft Report Submitted 85% Final Report Presented and Approved 100% 5 5.4 If the CITY fails to make any payment due the CONSULTANT on account of his services and expenses within sixty days af@ter receipt of the CONSULTANT'S bill therefor, the amounts due the CONSULTANT shall bear interest at 1% per month. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Termination. This Agreement may be terminated by either party upon fifteen days' writt@en notice. if this Agreement is so terminated, the CONSULTANT shall be paid for the value of the work completed to date plus a reasonable amount to defer the cost of demobilization and reassignment of personnel. 6.2 Insurance. The CONSULTANT has in force and maintains such insurance as will protect him from claims under worker's compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease, 6r death of any of his employees or of any person other than his employees, and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom. 6.3 Successors and Assigns. The CITY and the CONSULTANT each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the CITY nor the CONSULTANT will assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. 6.4 Official Notices and Correspondence All exchange of information of an official or contractual nature, between the City and Consultant shall take place between the City's Director of Public Utilities and the Consultants's Partner-in-charge (Project Manager). I 6 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY: CONSULTANT: CITY OF VIRGINIA BEACH, VA ALVORD OWSON By By City Manager Partner: Witness: Deparment of Public Utilities By ctor By customyr Orvice(Administrator Certified as to Availability of Funds: Assistant to the City Manager Finance Approved as to Form Deparment of Law Attest: City Clerk witness: @it@ C)f OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (804) 127-4242 VIRGINIA BEACH, VIRGINIA 231%@OW2 June 9, 19-06 The Honorable Mayor Meiiibers of the City Council l@funicipal Center Virginia Beach, VA 23456 Dear Mayor and Council Meinbers: The Director of Public Utilities recoiamends the City retain the consulting firin of Alvord, Burdick, and Howson (ABH) to conduct a water and saiiitary sewer cost of service study for the City of Virginia Beach. It is recominended the City Council approve a transfer of $220,000 within the Water and Sewer Fund from the Reserve for Contingeiicies to the Department operating budget, and the City Manager be authorized to execute a contract with ABH. Background Over the past 10 years the Department of Public Utilities has coinmissioned four water and sewer service rate studies. These studies did not provide a full scale cost o@ service study but were primarily limited to a deterinination of a schedule of service char-.es which would provide sufficient revenues to maintain the water and sewer enterprise fund on a self-supporting basis. The iiiost recent study, co@nmissioned in 1983, recoininended the current rates that were adopted on July 1, 1983. Previous rate studies conducted by consultants are deliileated below: Year Cost 1976 $120,000 1979 $ 10,000 1980 $ 31,000 1983 $ 40,000 Tho study conducted in 1976 was a fairly coinprehensive study; however, the 1979, 1980, and 1983 studies were updates of June 9, 1986 The Honorable @rvlayor i,leinbers of the City Couiicil Page 2 tlie 1976 study. The proposed cost ol service study represents the most comprehensive study in the Department's history. Tlie water and sewer systeiti has chaliged considerably since 1976. For example, in 1976 there were 44,000 water connections. In 1986, there are 38,000. Additionally, in 1976 there were 17,000 sewer connections and now that number is 88,000. Another measureiiient of the drainatic change in the utility operations is the change in the dollar value of utility plant assets. They were approximately $72 niillion in 1976, and in 1986, the number is in excess of $240 million. A rate study can be defined as establistling the total ts and recommending increases to ensure that revenue requiremen rates produce sufficient revenues. A cost of service study can be defined as establishing the total e@veYu-e-req-ul-r--e-iii-en-ts-atid the cost of operating and maintaining the utility system is allocated to the various customer classes (water custoiners, sewer custoiners, residential customers, commercial, etc.). The revenues generated froni the various categories of rates are tested against the allocated costs to deterinine if the rates are coinpensatory: i.e., are water customers subsidizing sanitary sewer custoffiers or vice versa? One primary objective of a cost of service study is to develop rate schedules for oustonler classes which reflect the cost of providing the service. Objective of the Study Within the water and sanitary sewer operations, there are over 60 different rates. These rates are delineated on Attacliment I. An objective of the cost of service study is to recommend adjustments to these 60 rates to ensure tliat they are based on cost the Utility incurs in providing the service and to ensure that the rates do not result in undue subsidy among the custoiners that use the service. Service to be Provided by the Consultant Section I of the proposed contract - Scope of Services - delineates 20 separate work elements required of the consultant. The scope of work was developed by representatives of the Utility Departinent, Budget Office, and Finance. These 20 work elements are suminarized below: June 9, 1986 The Honorable Idayor fder@ibers of the City Council Page 3 1. Review population, customer classes, water demand and sewage flows. 2. Tabulate representative sar@iple of bills to deteririne customer claSSes and usage. 3. Develop revenue requirements considerilig: a. operation and inaintenance expense b. administrative cost C. debt service d. depreciation and replacement of facilities e. Capital improvements through current revenues f. transfer of funds to or froin other niunicipal accounts 4. Inspection, inventory, and evaluation of utility plant facilities in regard to both age and depreciation of systeiii assets. 5. Review and allocation of operation aild laaintellance expense to functional categories. 6. Allocation of capital facilities cost to functional categories. 7. An evaluation of revenue obtained under the current rates. 8. An exatnination of capital and depreciation accounts; an evaluation of renewal and replacement allocation for capital iinprovements. 9. An evaluation of revenues versus cost, based on five year projection. Consultant to provide a recommendation regarding rate increases for the next two years. 10. Develop rate structure for water and sewer service allocating cost among custoiaer classes. Study the advisability of a seasonal rate for hotel and other comftiercial customers. 11. Evaluate rate structures for dependence on capital fees and make recoinmendations if required to reduce dependency. June 9, 1986 The Honorable Mayor Meinbers of the City Council Page 4 12. Test rates for the appropriate service classes for revenue requireinents. 13. Evaluate the benefits and burdens to switcli from bi- monthly meter reading to monthly iaeter reading. Review meter reading technologies for new break tliroughs in data collections, handling, and integration into the billing systeiii. 14. Evaluate potential niethods to provide utility rate relief for the City's qualified elderly. 15. Evaluate the feasibility of establishing separate water and sewer funds for accounting purposes; identify the advantages and disadvantages. 16. Evaluate utility fund accounting practices and recornmend its contiiluatioil or replaceiiient. 17. Determine the cost of fire-protection and evaluate current fund transfers froin the general fund. 18. Prepare a draft report for City review and final report prc)perly docuriented and illustrated. 19. At the conclusion of the study, the consultant shall furnish to the City full study docutnentation anci background material including all coinputer software. 20. Present final recominendations to the City Council. Schedule The cost of service study will require approxiiiiately 6 months. Assuming favorable Council action on June 9, it is expected that a report will be submitted to the City Council in January 1987. Cost For the scope of services indicated above, the cuntract provides that tlie City shall pay the consultant on an hourly basis at the rates indicated below, with a iiiaxiiuuui contract atuount not to exceed $269,000: June 9, 1986 The Honorable Idayor 'dembers of the City Council PoLge 5 lfourly Elourly Direct Service to be Provided 13illing Rate Salary Rate Partner (project iiigt) $107.00 $39.35 Project Engineer $ 69.00 $25.46 Engineer $ 57.00 $20.83 Techniciaii & Drafter $ 41.00 $15.05 Secretary-Typist $ 32.00 $11.57 Office lielp $ 24.00 $8.80 Direct Expenses At Cost The hourly billing rates identified above include full conipensation to the company for tlie services provided. These rates include compensation to tlie company for an individuals direct salary, associated fringe benefits, overhead, and profit. The hourly billing rate is obtained by applying a "multiplier" to the liourly direct salary rate. Attachment II identifies a coinparison of ABH's inultiplier of 2.7 to other national consulting firnis. The City of Norfolk has used tile firm of Black and Ve,t,h f Kansas City as rate consultants for approximately the last 10 years. In 1976, Black aiid Veatch was retained for $225,000 by tlie City of Norfolk to conduct a comprehensive cost of service study. This study took approxiinately 9 months to couiplete. The City of Norfolk updates their cost of service studies oii an approxiniate 3-4 year cycle with typical costs in the range of $100,000 plus depending @ppn the exact scope of services required. The (2onsultaiit The firm of Alvord, Burdick, and Ilowson is a corisulting engineering firm located in Chicago, Illinois. The firm is nationally kiiown and recogiiized as an expert in the field of water and sanitary sewer cost of service studies. Qualified firms were invited to submit StateLilents of interest and qualifications to the Departinent of Public Utilities on tvlay 1, 1985. Six firms respoiided and they are listed below: Alvord, Burdick, and liowsoii Buck, Seifert, & Jost Duchart-Horn Cainp, Dresser, and iIcKee Clinton Bogart William C. Overiian June 9, 1986 The Honorable Mayor @lembers of the -ity Council Page 6 Tile lirchitectual and Engineering Selection Committee reviewed the qualifications of the six firms and considered four firms qualified for interviews. The references f,r the f,,r firms were cheeked in preparation for the interviews. The firms selected for interviews were as follows: Alvord, Burdick, and liowson Buck, Seifert, & Jost Camp, Dresser, and McKee William C. Overman The iiiterviews were conducted on July 30 and 31, 1985. The Selection Coinmittee recoi.,unended tlie firm of Alvord, Burdick, and flowson be selected as the consultant for the cost of service study. The firm of ABII was selected for the following reasoiis: 1. 13roadest and inost recent experiences as a rate consultant for a inunicipal utility with a niajor capital iinprovement prograni (City of Chicago). 2. Most qualified group of professional engineers assigned to the work teain aiid liad deinoiistrated in I)revious work for the City of Virginia Beach the ability to inaintain effective cost control througliout the life of the contract. The Selection Com)nittee used a inatrix of factors to evaluate each firm. The factors are based on the criteria established in the architectual and eiigineering selectioii policy. The Contract The proposed contact includes six sections. Tliese sections are: Section 1- Scope of.Services Section 2- Additional Services of the Consultant Section 3- The City's Responsib'ility Section 4- Period of Service Section 5- Paynients to tlie Engineer Section 6- General Considerations Tlie proposed contract has been reviewed by tlie City Attorney's Office and approved as to forni. Juiie 9, 1936 The tionorable Mayor f,leinbers of the City Council Page 7 Section 2 of the contract provides "if authorized in writing by the City, the consultant will furnish additional services which shall be paid for by the City as indicated in Section 511. If during the course of the study a change order is necessary, the change order would be authorized ouly by the appropriate City official and in accordance with the City's policy for the issuance of change orders. The language included in the contract is provided in City contracts to provide flexibility to the City to issue change orders if required and justified. Summary The last rate increase was in 1983. The City staff recognizes that it will be necessary to increase the water and sewer rates in future years. The mairl question is how iiiuch and how often and which rates stiould change. The purpose of this study is to provide the city staff a sound basis for makilig recommeDdations to the City Council. It is necessary to go forward today with a water and sewer cost of servi,e tudy. The next five years will be very critical in terms of establishing revenue requireineiits for the Utility i)epartment priinarily because of the Lake Gaston Project. As we go forward with the Lake Gaston Project and as we go to the bond market to sell Lake Gaston bonds, it will be necessary for the City to clearly demonstrate that we llav(@ a financial plan and a iiiechanism iii place to pay the debt service associated with the bonds. The proposed study is part of tlie City's plail to bring a water supply to the City of Virginia Beach. As you are aware we are proceeding with the Lake Gaston engineering, pursuing resolution of the issues involved in litigation, and implementing the water resource recovery fee. A cost of service study to establish cost based rates is the next step in the City's effort to continue the process on the lake Gaston Project. The Director of Public Utilities will be prepared to respond to your questions and to provide a briefing to you in the Council Session on Monday, June 9. Sincerely, Thomas H. ueh enbe,-k@ City Manal dsc pc Aubrey V. Watts, Jr. Clarence Warnstaff Attachments ilater aiid Sewer ltates WATER: The followitig rates are applicable to the Water System 1. Nlinitnum Service Availability lqete-r- Size hionth 1-y- Cha r-ge 5/8" $ 3.45 3/4" 4.60 1.1 6.85 1-1/2" 12.45 21- 19.20 3" 34.95 4" 57.45 611 113.70 8" 181.20 11)., 282.45 1211 406.20 Fire ilydrant 34.95 Meter 2. Water Usage Hate: In additioil to the triiliiinuiii ctlarge, each consurner pays for water usage $1.62 per thousand gallons ($1.21 lier hundred cubic feet). 3. Connection Fees 5/3" iieter aiid Tap $285 1" @leter and Tap $370 1-1/2" and larger Nieter 4 Tap Cost Plus 25/. 4. Account Set-up Fee $15.00 5. itestore Service $10.00 6. Private Fire Protectioli $3.45 per inontia 7. Public ilydrant @harges @250 8. Navy Wheelage $.05 per thousand gallons 9. @iater liesource Recovery Fee @32-00 per drairiage fixture unit (DFU) Attachment I Page 1 11. SA141TARI SEWEH: The following rates are applicable to' f f@(i -9 @E7r - -9 is-t e m 1. Sewer iaaintenafice Cliarges for liesidential 8ervice Single Fainily $9.46 per inonth Two or inore urlits First unit $9.46 per itionth Subsequent units $7.10 per month ilotel, iilotels and Cainpgrounds First unit'--- $9.46 per inonth Subsequent uiiits @3.80 per month 2. Sewer Maintenances for Non-itesidential Uses @Vith Water Service --------- ---------- --- Tap -Si-ze Mon-thly Cila-rg-es 3/4" $ 9.46 ill 12.00 1-1/2" 23.75 2 " 36.00 31, 71.00 4" 118.00 6" 237.00 8" 55U.00 101, 910.00 1211 1,380.UO With-out Wate-r--Se-rv-ice 0-4 Commodes $19.00 Over 4 Coinriodes - @acti :3. 80 3. Sewer Connection Fees Cle-anouts 4" *145 Over 4" Cost Plus 25% Tap 4" @145 Over 4" Cost Plus 25@ Attachiii(-,nt I Page 2 4. Sanitary Sewer Line Fees Custoiner Type City Developer Single-Family Residence First 100' of Frontage @1,015.00 $195.00 Each additional foot of 15.00 - frontage ivlotels, iiotels - per unit 630.00 125.00 lAulti-Fainily - per unit 730.00 145.00 Nursing and Cotivalescent 220.i)O 11)0.00 tiorties each rooin Trailers - eacii space 315.00 i3o.00 Office Buildings - each 600 220.00 100.00 square feet Retail Stores, iviaiiufacturing, u.14 0.04 Wholesale Assembly, Proccssing and Distribution Facilities, Restaurants - each square foot Warehouse Storage - eacil 0.03 0.01 square foot 5. Annual Set-Up Fee for Seasonal Use @15.00 Attachinent I Page 3 '@harges for Consulting Llngineering Services ------- - ----------------- This attacliment will suiixnarize inf(irinvtion related to the "inultiplier" used in the calculation of engineering fees for a nuinber of eiigineeriiig firiiis aiid coinpar(- tilose i@lultipliers with the one!- used in the proposed cost of service study. First, however, a brief review of the inultiplier concept and the variables involved in the fee calculation will be presented in order to clarify the discussion. The almost universal method for tlie calculation of fees for professional engineering services is to inultiply the direct manpower costs allocated to a project by a niultiplier. Ti'le multiplier allows for benefits, overhead, and profit. Each firi,i establishes its own multiplier based on an accounting of its actual costs and experiences for previous years. A nuinber of factors relating to the nianner in wllicil a firm conducts its business will impact the magnitude of the multiplier. For exainple, if a firia is extreinely careful witli respect to keeping unbillable manhours to an absolute minimum, tilen overhead rates, and subsequently the multiplier will be reduced. This can be accomplished by making sure employees meticulously charge the clieiit for (@very siiigle fiinute attributa.ble to a given project and by staffing at minimulli levels. Firais that frequently hire and layoff depending on the workload, do not employ high level specialists, and do not undertake extreinely teclinical or liigil-risk assigilineiits tend to have lower overheads and, hence, lower multipliers. The amount of benefits paid to ei@iployees, tlie a,,nount of profit, and tlie location, size, and type of office facilities used by the firin will also iinpact the ixiultiplier. The multiplier is onfy one of three pri(nary variables used to detertnine eiigineering fees. The,other two are the number of manhours assigned to tlie project and the hourly rate paid for those manhours. A lower multiplier will not necessarily result in a lower engineering fee if more inanhours are assigned to the project and/or hourly rates are higher. Listed below are the niultipliers used by a flutnber of large, well established engineering firms. All figures represent recent experiences (1984-86) with the exception of ]3etz-Converse-,@lurduch (1980). The trend in the last few years has been toward higher overtieads (therefore higher iiiultipliers) as professional liability insurance, inedical benefits, and other indirect costs have beerl increasing at a higher rate than salary levels. Attachineiit II Page 1 FIII@l MULTIPLIER CE Maguire 3.10 Malcolin Piriiie 3.06 Parsons Brinckerhoff 3.00 llavens and Einersoii 3.15 Camp Dresser and McKee 3.03 Boyle Engineering 2.66 Brown and Caldwell 3.24 Black and Veatch 2.59 Betz-Converse-Murdoch (1980) 3.04 Five Local Firms iii Dallas (average) 3.03 Average 3.00 The Ainericarl Society of Civil Engineers publishes a inanual entitled "Consulting Lengineering: A Guide for the Engagement of Engiiieering Services." Ttiat docuf@ient indicates that tlie inedian inultiplier for conditions in the United States in 1980 was 3.24 to 3.38. Also, an August 1985 survey of 136 engineering firnis published by Birnberg and Associates, The Profit Center entitled "1985 Update: Financial Perforinaiice Sur-ve-y---f-o-r---D-e-s--i-gn--Firi@is" reports that the multiplier in 1985 averaged 3.04. The table below compares the multiplier for Alvord, 3urdick, and Howson with the inultipliers that have been discussed above: souitcE blUiTIPLILLI Ainerican Society of Civil Engineers 3.24 to (Consulting Engineering ivianual) 3.38 Birnberg and Associates 3.04 (1985 Survey, 136 firris) Department of Public Utilities 3.00 Survey (average) Alvord, i3urdick, and llowsoii 2.7 Attachmeiit II Page 2 - 24 - Item II-J CONSENT AGENDA ITEM'! # 25505 Upon motion by Councilman Louis Jones, seconded by Councllman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8a, 9; AND, ALLOWED WITHDP,AWAL on Item 8b. Voting: 9-0* Council Members Voting Aye: John A. Baum, *Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan Council Members Abstaining: *Councilwoman Creech VERBALLY ABSTAINED on Item #2 - 25 - Item II-J. I CONSENT AGENDA ITEM # 25506 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Counc.il ADOPTED: Ordinance to amend and reordain Chapter 31 of the Code of the City of Virginia Beach, Virginia, by adding a new Section 31-35 pertaining to refuse debris trailers. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan - 25a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SECTION 31-35 PERTAINING TO REFUSE DEBRIS TRAILERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-35 is hereby added to the Code of the City of Virginia Beach, Virginia, pertaining to refuse debris trailers and shall read as follows: Section 31-35. Use of debris trailers. (a) The city shall make available to those homeowners who are residents of the city a debris trailer which shall be picked up and delivered by city employees. The city employees shall deliver and park the debris trailer on the property of the, homeowner who has requested the debris trailer. Prior to delivery of the debris trailer, the homeowner shall sign a statement which shall state: (1) That he is not a contractor and that his need arises from his homeownership; (2) That the debris trailer shall only be used for tree limbs, leaves, shrubbery, grass trimmings and yard debris; (3) That he wili not place stumps, building debris, concrete, bricks or other bulky items within the refuse trailer; (4) That he will not fill the load above the top of the trailer; and (5) That he will release the city from liability for any damages resulting from city equipment or personnel being on private property to deliver or remove the debris trailer. (6) That he will be responsible for any injuries and/or damages that result to individuals using the trailer or directly to the trailers while being used by the homeowner. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of June 1986. JAS/jmh/dga 5/9/86 (D) - 26 - Item II-J.2 ITEM # 25507 CONSENT AGENDA Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $205,000 of appropriations for the emergency dredging of Rudee Inlet. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, 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: H. Jack Jennings, Jr. and Reba S. McClanan 10 F- z 1- < z 0 0 0 0 z < I < > ui 0 AN ORDINANCE TO TRANSFER $205,000 > OF APPROPRIATIONS FOR THE EMERGENCY 0 DREDGING OF RUDEE INLET WHEREAS, the Rudee Inlet Is an important boating access to the Atlantlc Ocean from Lake Rudee, Lake Wesley and Owl Creek, and WHEREAS, recent shoaling in the inlet has become a danger to navi- gation, and WHEREAS, to alleviate the shoaling it is necessary to dredge the inlet, and WHEREAS, the estimated cost of $205,000 to dredge the inlet can be financed by the transfer of appropriations from Lake Banbury Outfall Drainage (#2-951) since construction for this project is not expected to begin before FY 1990. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $205,000 is hereby transferred from project #2-951 Lake Banbury Outfall Drainage to #2-026 Rudee Inlet Entrance Channel Dredging for emergency dredging of the inlet. Adopted by the Council of the City of Virginia Beach, Virginia on the -_Ainlill ........ day of ---- June 1 1986. This ordinance shall be effective from the date of its adoption. KAR/2 ORD9 - 27 - Item II-J.3 CONSENT AGENDA ITEM # 25508 Upon motion by CouncilmaTi Louis Jones, seconded by Councilman Fentress, City Council ADOPTED upon SECOND RFADING: Ordinance to appropriate $127,000 in the Department of Social Services to cover excess expenditures in the Public Assistance Unit. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert C. Jones, J. Ilenry McCoy, Jr., D.D.S. and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan June 9, 1986 AN ORD E TO APPROPRIATE $127,000 IN THE DEP OF SOCIAL SERVICES TO COVER EXCESS EUPENDITURES IN THE PMLIC ASSISTANCE UNIT the Public Assistance unit of the Department of Social Services consists of twelve (12) different programs that provide assistance payments to @igent Virginia Beach residents, w4 WHEREAS, projected Public Assistance expenditures for fiscal year 1985/1986 is expected to exceed appropriations by $428,000, and , the Department of Social Services has identified $301,000 of excess appropriations within its operating budget resulting in the need for a supplemental appropriation of $127,000, and the supplemental a@priation will be financed by inc revenues from the federal and state governments. NOW, . BE IT BY THE OOUNCIL C)F THE CITY OF VIRGINIA BEACH, WMINIA that funds in the @t of $127,000 be appropriated to the Public Arsistance mit in the Department of Social Services. BE IT FURTHM ORDA= that the supplemental approprlaticns be offset by $127,000 of increased revenues frcm the federal and state governments. This ordinance @ll be effective fran the date of Its adoption. Adopted by the Council of the City of Virginia Beach, Virg@a m the Ninth day of June 1986 First Reading: June 2, 1986 Secorid Reading: June 9, 1986 PM/SOC@ - 28 - Item II-J.4 CONSENT AGENDA ITEM # 25509 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTFD upon SECOND READING: Ordinance to appropriate $151,984 for the capping of Mount Trashmore. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan AN ORDINANCE TO ACCEPT THE LOW BID FOR THE CAPPING OF MOUNT TRASHMORE AND T[iE APPROPRIAI!ION OF $151,984 FOR TRIS PURPOSE WHEREAS, City Council established capital project #3-960 Mount Trash- more Capping to alleviate a leachate problem resulting in the degradation of water quality in the Area surrounding Mount Trashmore, and WHEREAS, a low bid has been received from DJW Construction to complete the capping and based on this bid an additional $151,984 is needed to complete the project, and WHEREAS, refuse disposal charges are scheduled to increase July 1, 1986, with the intent for the additional revenue to be used for landfill-related capital projects, and WHEREAS, the anticipated additional revenue was not appropriated to balance FY 1986-87 Operating Budget and remains unappropriated as of this date and may be used to fund the additional $151,984 needed for the capping project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $151,984 are appropriated to capital project #3-960 with a corresponding inctease in estimated revenues from refuse disposal charges. BE IT FURTHER ORDAINED that the low bid of DJW Constructibn is hereby approved and the City Manager is hereby authorized and directed to award tile contract to DJW Construction for the capping of Mount Trashmore. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia on the 1A h day of June 1986. FIRST READING: June 2, 1986 June 9, 1986 SECOND READING: - 29 - Item II-J.5 CONSENT AGENDA ITEM # 25510 Upon motion by Council-man Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing the enlargement of the nonconforming use and structure located at 4025 West Neck Road (property of Angus L. Cartwright). Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan AN ORDINANCE AUTHORIZING THE ENLARGEMENT OF THE NONCONFORMING USE AND STRUCTURE LOCATED AT 4025 WEST NECK ROAD (PROPERTY OF ANGUS L. CARTWRIGHT) WHEREAS, Angus L. Cartwright is the owner of that certain parcel of land shown on the area outlined in red on that certain survey entitled "PHYSICAL SURVEY PROPERTY OF ANGUS L. & MARILYN F. CARTWRIGHT D.B. 1419 P. 481 D.B. 1929 P. 738 PUNGO BOROUGH VIRGINIA BEACH, VIRGINIA," dated October 11, 1983, a copy of which is attached hereto and made a part hereof as Exhibit "A;" and WHEREAS, Angus L. Cartwright desires to replace one (1) freestanding mobile home located at 4025 West Neck Road with a larger single-wide freestanding mobile home; and WHEREAS, the present use does not conform to the provisions of the Comprehensive Zoning Ordinance because a freestanding mobile home is allowed only in conjunction with a single family residence on the property in the AG-2 (Agricultural District); and WHEREAS, pursuant to Article I, Section 105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use if Council finds that the use as enlarged or extended is equally appropriate or more appropriate to the zoning district than is the existing nonconformity. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use of the freestanding mobile home located at 4025 West Neck Road, Virginia Beach, Virginia, is equally appropriate or more appropriate to the zoning district in which it is located than is the existing nonconformity; and the City Council hereby authorizes the enlargement or extension of the nonconforming use provided extension of the use complies with all other requirements of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on June 9, 1986 RCP/jmh 06/0 3/8 6 :b -0 rn tu iL 4@ 47' N 27- 19 20 0 '40 - Item II-J.6 CONSENT AGENDA ITEM 25511 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroacbment into a portion of the City's property known as Lake Bradford to Pleasure House Construction Corporation, its assigns and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove the encroactment when notified by the City, at no expense to tbe 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 becme unsightly or a hazard. 4. The owner agrees that before proceeding with the construction of the encroachment, he will provide a written statement from the City of Norfolk whereby they would agree not to invoke their reversionary rights by virtue of this encroachment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan - 30a Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LAKE BRADFORD TO PLEASURE HOUSE CONSTRUCTION CORPORATION, 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, Pleasure House Construction Corporation, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into City property known as Lake Bradford. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining an extension of an existing private storm drain by 20 feet 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 the City's property known as Lake Bradford, on the certain plat entitled: "SITE IMPROVEMENT PLAN MAGNOLIA WAY BAYSIDE BOROUGH -- VIRGINIA BEACH, VIRGINIA," prepared by Rouse - Sirine Associates, LTD., 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 Pleasure House Construction Corporation, its assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City's property known as Lake Bradford and that Pleasure June 9, 1986 - 30b - HoUse Construction Corporation, its assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Pleasure House Construction Corporation, 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, that this ordinance shall not be in effect until such time that Pleasure House Construction Corporation executes an agreeinent with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of June 19 86 CLL/rab 4/8/86 (29C) 3,5noN 3u, fix,, i i @ 4 A a 4 i i. a c,, .11 - 31 - Item II-J.7 CONSENT AGENDA ITEM # 25512 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 20th Street to the Capes Hotel, Inc., its assigns and successors in title. This encroachment shall be subject to: 1. The City agrees to hold The Capes Hotel, Inc. harmless from all claims, damages, losses and expenses arising as a result of the negligence of the City of Virginia Beach, Virginia, or its agents and employees, in making improvements within the encroachment area. 2. The City also agrees to be responsible for the construction and all future maintenance of the encroachment and that if tbe encroachment is ever terminated, the City will, at its sole expense, restore the parking area and entrances to the condition and locations in which they existed prior to the date of the agreement. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan -31a. - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 20TH STREET TO THE CAPES HOTEL, INC., 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 Capes Hotel, Inc., its assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of 20th Street. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining an extension of the paved parking lot to extend three and one-half feet into the City right-of-way in order to facilitate the Resort Area Advisory Commission's Demonstration Project 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 the City's right-of-way known as 20th Street, on the certain plat entitled: "SKETCH G 20th ST PARKING LOT MR 421-A 4/9/85,' a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that The Capes Hotel, Inc., 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 9 day of June 19 86 CLL/rab 10/21/85 7/9/85 5/15/86 (29B) 3Tr,' U.L z %U <L z 6u t\i LLI if LU LU - 32 - Item II-J.8a CONSENT AGENDA ITEM # 25513 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED RAFFLF PERMIT: Virginia Nurses Association Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan June 9, 1986 - 33 - Item II-J.8b CONSENT AGENDA ITEM # 25514 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL BINGO PERMIT: Tidewater Board of Realtors Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McCianan - 34 - Item II-J.9 CONSERT AGENDA ITEM # 25515 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Gouncil ADOPTED: Ordinance authorizing tax refunds in the amount of $1,137.05 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan RM NO. C:.A. 7 - 34a - 5/23/86 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonem- D :!e Penalty Int. Total Y ear of Tax Number tion No. P id William Dunn 83 RECI/2) 23072-5 12/2/82 8.00 William Dunn 83 RE(2/2) 23072-5 6/5/83 8.00 William Dunn 84 RE(1/2) 24141-9 12/5/83 8.00 William Dunn 84 RE(@2/2) 24141-9 6/5/84 8.00 William Dunn 85 RE(1/2) 25995-2 12/5/84 8.00 William Dunn 85 RE(2/2) 25995-2 6/5/85 8.00 William A &Sarah KJones 83 RECI/2) 43077-8 11/26/82 18.00 William A &Sarah KJones 83 RE(2/2) 43077-8 6/5/83 18.00 William A &Sarah KJones 84 RE(1/2) 45354-6 12/5/83 20.00 William A &Sarah KJones 84 RE(,2/2) 45354-6 5/25/84 20.00 William A &Sarah KJones 85 RE(1/2) 47685-1 11/20/84 20.00 William A &Sarah KJones 85 RE(2/2) 47685-1 5/28/85 20.00 Fentress Woods Associates 84 RE(1/2) 27123-4 12/5/83 60.00 Woods Green Run Inc 84 RE(1/2) 94608-8 12/5/83 22.26 Woods Green Run Inc 84 RE(2/2) 94608-8 6/5/84 22.26 Woods Green Run Inc 84 RE(1/2) 94609-7 12/5/83 80.94 Woods Green Run Inc 84 RE(2/2) 94609-7 6/5/84 80.94 Cityfed Mortgage Co 86 RE(1/2) 31159-1 11/26/85 399.25 Margaret L McCabe 86 RE(1/2) 62854-4 12/5/85 260.18 Alfred R Chambers 85 pp 27542-5 48030 5/15/85 47.22, Total 1,137.05 This ordinance shall be effective from date of adoption. The v@@gtemewnt(s) totaling Certified as to payment; t@ 1 ere approved by the Council of the City of V@ginia Beach on the 9th day of ne, 1986 John T. Atki Approve,"s ti) Ruth Hodges Smith City Clerk I /1 14 ty Attrney Iffl/@ - 35 - Item II-K.1 UNFINISHED BUSINESS ITEM # 25516 Upon motion by Councilman Fentress, seconded by Councilman Louis Joens, City Council DEFERRED until the City Council Meeting of June 16, 1986: CODE OF ETHICS/CONFLICT OF INTEPESTS ORDINANCE This DEFERRAL will enable the City Attorney's Office to review minor changes. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 36 - Item II-K.2 UNFINISHED BUSINESS ITEM # 25517 ADD-ON Councilman Baum and Councilwoman Henley referenced the mobile home ordinance in the agricultural areas with reference to farm laborers and family. The Planning Staff will study Ordinance for possible revision and prepare presentation for City Council. June 9, 1986 - 37 - Item II-L.1 ITEM # 25518 NEW BUSINESS Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council APPROVED: Revocation of Bingo Raffle Permit No. 109 for TIDEWATER 00@ITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 38 - Item II-L.2 NEW BUSINESS ITEM # 25519 ADD-ON Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council SCHEDULED for the City Council Meeting of June 16, 1986: Resolution to change the name of LAKE TECUMSEII to BRINSON'S INLET LAKE. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan June 9, 1986 39 - Item II-L.3. NEW BUSINESS ITEM 25520 Councilwoman Oberndorf referenced transportation and disposal of nuclear waste and hazardous materials, proposed legislation on acid rain, and the adminstration's proposal to divest Federal ownership of Hydroelectric Power plants were the major focus of the X&TIONAL LEAGUE OF CITIES' ENERGY, ONMM AND NATURAL RESOURCES STEER.ING COMMITREE when it met last week in Virginia Beach. This COMMITTEE met in Virginia Beach, May Thirtieth and Thrity-first and was Chaired by the Councilman from Fairbanks, Alaska. Thirty-six (36) members from thirty-six (36) different states of the Union were in attendance. June 9, 1986 - 40 Item II-L.4 NEV BUSINESS ITEM 25521 Upon motion by Councilman Robert Jones, seconded by Councilman Baum, City Council will SCHEDULE an Ordinance concerning the implementation of Senate Bill No. 213 for the City Council Meeting of June 16, 1986. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan June 8 - 41 - Item II-L.5 NEW BUSINESS ADD-ON ITEM # 25522 Councilman Robert Jones referenced his HATIONAL LEAGUE OF CITIES' TRANSPORTATION AND CO R-ATIONS STEER.IW COMITTEE Meeting in Washington, D.C. on June 5, 1986 through Juue 7, 1986. Councilman Robert Jones further complimented Councilwoman Oberndorf on her sponsorship of the NATIONAL LFAGUE OF CITI[ES' ENER.GY, ENVIRO AND NATURAL RESOURCES STEEP.ING COMMITTEE in Virginia Beach. Councilwoman Oberndorf's successful endeavors in this behalf had been recognized nationally. This was indeed a public realtions success. douncilman Robert Jones also advised the NATIONAL NEWS WEEKLY contained a photograph of Councilwomen Creech and Oberndorf concerning "hands across the Beach". June 9, 1986 - 42 - Item I-M.l. AD.JOURNMENT ITEM # 25523 Upon motion by Councilman McCoy, and BY ACCLAMATION, City Council ADJOURNED the meeting at 6:35 P.M. Beverly 0. Hooks Chief Deputy City Clerk Ruth Hodges-Smith, CMC Vei-sch&ber' City Clerk City of Virginia Beach Virginia June 9 1986