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SEPTEMBER 30, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" CTIY COUNCIL MA YOR HA.ROLD IMISCROBER. At "m. VICE-MA YOR REBA S. M@CLANAN. P-... A- @h JOHN A. RAUJW, @@ B-"A NANCY A. CREECH. At @ ROBFRT E V"- B..h B_wh B@ m P-" B-wh H JACK JENNNVGS, JR., L@ B-wh LOUIS R. JONES. B.V." A-gh ROBF.RT G. JONES. At @ J HENRY MCOY. JR.. K-@ B-gh MEYFRA E OBERNDORP Al Lw 281 CTTY HALL BUILDI.VG RUTW HODGES SA(TRE. CUC. O@V Cl-k CITY COUNCIL AGENDA MUNICIPAL C@ VIJ?GINIA BEACH VIRGINIA U"6 NO 18041427.4x$ September 30, 1985 Virginia Beach City Council BRIEFINGS - Conference Room: TRT Oceanfront Visitor and Travel Center Presentation - 4 Pm Harland Bartholomew & Associates - 5 PM Master Street and Highway Plan/Green Line Update ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM A. INVOCATION: Reverend Cecil W. Seagle Westwood Hills Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PRESENTATIONS 1. Resolution in Memoriam Laszlo Aranyi 2. Mayor's Bowling Trophy Gene Luke, Publicity Chairman Bowling Association G. PROCLAMATION 1. Voter Registration and Voting Month - September 29 November 5, 1985. 2. Industry Recognition Day - October 29, 1985. R. MINUTES 1. Motion to accept/approve the Minutes of September 16, 1985. I. PUBLIC BEARINGS 1. Enhanced E-911 Emergency Telephone System 2. Proposed Budgetary Increases for the 1985-86 Fiscal Year J. PLANNING - REQUEST FOR RECONSIDERATION 1. Ordinance closing, vacating and discontinuing a portion of Ego Drive in the petition of William R. and Helen R. Holz (Lynnhaven Borough). Recommendation: APPROVAL K. PLANNING - REQUEST FOR WAIVER 1. Request of Donald J. Maggi, President of Independence Texaco, Inc. for a WAIVER to a condition on application approved June 24, 1985. L. PLANNING 1. Application of Frances M. Razemore for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The site is located at the southeast corner of Sea View Avenue and Lauderdale Avenue (Bayside Borough). Recommendation: APPROVAL 2. Application of John D. Leitch for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots have direct access to a public street. The site is located at 4184 N. Witchduck Road (Bayside Borough). Recommendation: APPROVAL 3. Application of R.G. Moore for a change of zoning from R-5 Residential District to 0-1 Office District on a 2.484-ac-re parcel located at t@e northeast corner of Wesleyan Drive and Baker Road (Bayside Borough). Recommendation: APPROVAL 4. Application of Moore Fam Associates for a change of zoning from R-1 Residential District to R-5 Residential District on a 8.3-acre parcel lo ated at the northeast corner of Diamond Springs Road Extended and Haygood Road Extended (Bayside Borough). Recommendation: APPROVAL 5. Application of Moore Farm Associates for a change of zoning from R-5 Residential District to B-2 Community-Business District on a 27.5-acre parcel located at the northeast corner of Diamond Springs Road and Raygood Road (Proposed) (Bayside Borough). Recommendation: DENIAL 6. Application of Joseph Lust for a change of zoning from R-3 Residential District to B-2 Community-Business District on-a 29,621-square foot parcel located at the northeastern extremity of Shell Road, northeast of Locust Crescent (Bayside Borough). Recommendation: DENIAL 7. Application of National Pride Equipment, Inc., for a conditional use permit for a car wash facility on a 34,412- square foot parcel located at the southeast corner of Kempsville Road and Ruritan Court (Kempsville Borough). Recommendation: DENIAL DEFERRED by City Council September 16, 1985. 8. Ordinance to amend Article 1, Section 107(f) of the Comprehensive Zoning Ordinance pertaining to zoning changes, and Article 2, Section 221(e) pertaining to procedural requirements for conditional uses. Recommendation: APPROVAL 9. Ordinance to amend Article 2, Section 200(b) of the Comprehensive Zoning Ordinance regarding lot width. Recommendation: APPROVAL M. 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 authorizing the City Manager to execute an agreement between the City and Hampton Roads Sanitation District agreeing to participate in the cost of construction of the East Kempsville Force Main and an agreement between the City and R.C. Moore Building Corporation whereby R.G. Moore Building Corporation agrees to pay all of the City's costs due to Hampton Roads Sanitation District in the construction of the East Kempsville Force Main. 2. Ordinance authorizing the City Manager to execute a Deed of Dedic-ation and Var-ation between Frederick P. Perkins and Johanna M. Perkins and the City of Virginia Beach. 3. Ordinance authorizing the City Manager to execute a Deed of Vacation and Quitclaim releasing the five foot drainage and utility easement on property of Joseph L. Licari and Karol Licari. 4. Ordinance to amend and reordain Section 2-5 of the Code of the City of Virginia Beach, Virginia, by adding paragraph (C) thereto pertaining to Francis Land House Board of Governors. 5. Ordinances to amend the following sectioas of the City Code: a. Section 21-26 - Exemptions for Operators of Emergency Vehi@s b. Section 21-247 - Duty of Drivers Upon Approach of Emergency Vehicles c. Section 21-312 - Specific Instances of Reckless Driving d. Section 21-322 - Exemptions from Speed Limits e. Section 21-377(a) - Analysis of Breath to Determine Alcoholic Content of Blood f. Section 38-1 - Carrying Concealed Weapons 6. Ordinance to authorize acquisition of property in fee simple for right-of-way for Old CaroUna Road, Rural Road Demonstration Project and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. 7. Ordinances upon SECOND READING to: a. Accept and appropriate $6,306,290 for City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1985-86; b. Appropriate $1,895,309 for the FY 1985-86 School Textbook Rental Fund Budget. c. Appropriate $8,538,291 for the FY 1985-86 School Cafeteria Enterprise Fund budget. 8. Ordinance to appropriate $47,567 for consultant services for the Hampton Roads Regional Automated Fingerprint Identification System. 9. Ordinance, upon FIRST READING, to appropriate $14,000 for the Shakespeare Festival Program. 10. Ordinance, upon FIRST READING, to accept and appropriate grants from fhe Southeastera Virginia Areawide Model Program (SEVAMP). 11. Ordinance, upon FIRST READING, to appropriate $6,054,011 for Fiscal Year 1986 for the payment of purchase orders brought forward from Fiscal Year 1985. 12. Ordinance to transfer $17,000 from reserve for contingencies for Project #3-953 Police Weapons Range to pay for design services. 13. Ordinance to transfer $36,390 from reserve for contingencies to General Services for administration of the Francis Land House. 14. Ordinance to transfer $60,258 of Capital Project Funds to establish Project #6-957 Bellamy Woods Sever for cost participation agreement with Bellamy Woods Associates. 15. Ordinance to transfer $271,511 of Capital Project Funds to establish Project #6-958 Landatown Lakes Sever for a cost participation agreement with R.G. Moore Building Corporation. 16. Ordinance to transfer $58,672 of Capital Project Funds to establish a sewer project #6-960 Quail Point Cove for a cost participation agreement with D.W. Bell, Inc. 17. Ordinance to transfer $2,340,496 from the general fund to a capital outlay fund for a Co@ications System approved in FY 1984-85. 18. Ordinance to authorize a temporary encroachment into a portion of the City's property known as Salem Lakes South Park to Leonard E. Wood and Carol Ann Wood, their heirs, assigns and successors in title. 19. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Canaan Drive to R.G. Moore, his heirs, assigns and successors in title. 20. Ordinance appointing viewers in the petition of Maureen Mottolese for the closure of a portion of Old Norfolk- Virgiaia Beach Road (Lynnhaven Borough). 21. Ordinance appointing viewers in the petition of William L. Freed for the closure of a portion of Baltic Avenue and lith Street (now Maryland Avenue) (Virginia Beach Borough). 22. Low bid of McKenzie Construction Corporation in the amount of $327,252 for the Animal Control Building Addition. 23. Raffle Permit: Eastern Shore Chapel. 24. Ordinance authorizing tax refunds in the amount of $1,146.04. N. APPOINTMENTS 1. Arts & Humanities Commission 0. UNFINISHED BUSINESS 1. Fair Labor Standards Act Update 2. Interin Financial Statements - July 1, 1984 through June 30, 1985 P. NEW BUSINESS 1. Legal Holiday, Veterans Day, November 11, 1985 Q. RECESS TO EXECUTIVE SESSION: October 2, 1985, The Pavilion, 6 PM (Lake Gaston Water Supply - Pending Litigation) R. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G TRT OCEANFRONT VISITOR AND TRAVEL CElffER 4:00 P.M. September 30, 1985 The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on Septmber 30, 1985 at 4:00 P.M. The City Manager introduced James C. Echols, Executive Director, Tidewater Transportation District Commission, who introduced Arnold Rosenberg, uf Parsons and Brinckerhoff, consultants on the project.. Mr. Rosenberg provided Council with an overview of the consultant's recommended plan and outlined the goals of the TRT Study: 1. To improve convenience and safety for the users of the TRT System. 2. To provide a development that will be a showplace for the Cit-v of Virginia Beach. 3. Provide for an impetus for private development along what is now called the "Nineteenth Street Corridor Arts and Conference District." Mr. Rosenberg presented through visual displays the three Options for the location of the TRT OCEANFRONT VISITOR AND TRAVEL CENTER and provided PRELIMINARY COST DATA (Said information is hereby made a part of the record): 1. OPTION A - a limited option utilitizing only 19th Street Corridor. (Study team recommended against). 2. OPTION B - includes two blocks between 18th and 20th Street and Pacific and Arctic Avenue. (The main feature of this concept includes the adaptive reuse of the Dome.) 3. OPTION C - this builds upon Option B to incorporate a third block which contains what was once the City of Virginia Municipal Center. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 30, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, September 30, 1985, at 6:28 P.M. in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G MASTER STREET AND HIGHWAY PLAN GREEN LINE UPDATE 5:25 P.M. September 30, 1985 The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on September 30, 1985, at 5:25 P.M. The City Manager introduced Robert Longfield, Consultant, with Harland Bartholomew and Associates, who presented the Master Street and Highway Plan. HASTER STREET AND HIGHWAY PLAN Mr. Longfield outlined the three Alternatives: ALTERNATIVE A: Derived by Citizens Suggestions ALTERNATIVE B: Derived from the current Master Street and Highway Plan ALTERNATIVE C: Derived from High Traffic Service. Each of these Alternative have been exdmined concerning the laneage required in the year 2010. The total system mileage existing in each of tbe three Alternatives: Alternative A - 271 miles Alternative B - 280 miles Alternative C - 279 miles Development Costs would entail $700 to $950 Million to implement the overall planned system. GREENLINE UPDATE Michael Drummond, of Harland Bartholomew and Associates presented an update on THE GREEN LINE: POPULATION PROJECTION to year 2000 LAND USE COMPARISONS/ Percent of Developed Acres FORECAST OF DWELLING UNITS COMPREHENSIVE PLAN PROJECTIONS FORECAST OF DWELLING UNITS/TREND MODEL FORECAST OF LAND AREAS/COMPREHENSIVE PLAN PROJECTIONS FORECAST OF LAND AREAS TREND MODEL - 2 - ITEM # 24222 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, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION. 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 September 30, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 30, 1985 7:05 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, September 30, 1985, at 7:05 p.m. in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Cecil W. Seagle Westwood Hills Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Septmber 30, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 EAST KEMPSVILLE FORCE MAIN ITEM # 24223 Councilwoman Oberndorf referenced an Ordinance authorizing the City Manager to execute an agreement between the City and Hampton Roads Sanitation District agreeing to participate in the cost of construction of the EAST KEMPSVILLE FORCE MAIN and an agreement between the City and R. G. Moore Building Corporation (See Item II-M.1 of the Consent Agenda). Councilwoman Oberndorf requested this item be pulled for a separate vote and discussion by staff. Item II-D.2 CONSENT AGENDA ABSTENTIONS/CREECH ITEM # 24224 Councilwoman Creech referenced, in view of pending litigation, she will ABSTAIN on the following CONSENT ITEMS: 1. Ordinance authorizing the City Mnager to execute an agreement between the City and Hampton Roads Sanitation District agreeing to participate in the cost of construction of the East Kempsville Force Main and an agreement between the City and R. G. Moore Building Corporation. 14. Ordinance to transfer $60,258 of Capital Projet Funds to establish Project #6-957 BELLAMY WOODS SEWER for cost participation agreement with Bellamy Woods Associates. 15. Ordinance to transfer $271,511 of Capital Project Funds to establish Project #6-958 Landstown Lakes Sewer for a cost participation agreement with R. G. Moore Building Corporation. 16. Ordinance to transfer $58,672 of Capital Project Funds to establish a sewer project #6-960 Quail Point Cove for a cost participation agreement with D. W. Bell, Inc. 19. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Canaan Drive, Landstown Lakes, to R. G. Moore, his heirs, assigns and successors in title. Councilwoman Creech advised she was unable to obtain the names of the principals involved; therefore, had no definite way of knowing whether her firm was involved in business with this particular application. Item II-D.3 CONSENT AGENDA ITEM # 24225 R.G. Moore Councilman Louis Jones referenced an Ordinance to transfer $271,511 of Capital Project Funds to establish Project #6-958 Landstown Lakes Sewer for a cost participation agreement witb R. G. Moore Building Corporation and an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Canaan Drive, Landstown Lakes, to R. G. Moore.(See Items II-M.15 and II-M.19 of the Consent Agenda). These items will be pulled for a separate vote. - 5 - CITY MANAGER'S ADMINISTRATIVE ITEMS Continued Item II-D.4 ITEM # 24226 CONSENT AGENDA Councilwoman Henley referenced the LOW BID of McKenzie Construction Corporation in the amount of $327,252 for the Animal Control Building Addition (See Item II-M.22 of the Consent Agenda). Councilwoman Henley wished this item be pulled for separate discussion. Councilwoman Henley expressed concern relative the close proximity of this facility to the Foxfire Subdivision. - 6 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 PLANNING ITEM # 24227 Mayor Heischober advised the application of NATIONAL PRIDE EQUIPMENT, INC., for a Conditional Use Permit for a car wash facility on a 34,412-square foot parcel located at the southeast corner of Kempsville Road and Ruritan Court (Kempsville Borough) will be brought forward and considered first on the PLANNING AGENDA (See Item II-L.7 of the Planning Agenda). September 30, 1985 - 7 - Item II-F ADD-ON SITEM # 24228 The Mayor recognized Reverend Edward H. Jones, DD, father of Councilman Robert G. Jones, who was visiting the City. The Mayor presented Dr. Jones with HONORARY CITIZENSHIP CERTIFICATE NO. 027 September 30, 1985 8 Item II-F.1 PRESENTATION ITEM 24229 Mayor Heischober presented a RESOLUTION IN MEMORIAM to: LASZLO ARANYI This Resolution recognized the unselfish contributions of Laszlo Aranyi to the elderly, the Arts and Humanities Commission, and the Boy's Club, as well as many other endeavors. Mrs. Aranyi and her son ACCEPTED this RESOLUTION IN MEMORIAM. September 30, 1985 RESOLUTION IN MEMORIAM TO LASZLO ARANYI WHEREAS: LASZLO ARANYI was born in Budapest, Hungary and came to the United States in 1956; WHEREAS: He opened an architectural practice in Virginia Beach in 1965 and began to spearhead the solar energy movement in Tidewater; WHEREAS: He was always willing to extend himself beyond his profession and into community service; WHEREAS: He was a man of integrity who demonstrated bis concern for humanity by contributing many hours to the promotion of youth through his work with the Boy's Clubs and expressed his concerns for the elderly by designing the first state-of-the-art nursing home in Virginia and publishing a book in connection therewith; WHEREAS: He was a violinist, a painter and photographer; he enriched the lives of the citizens of Virginia Beach with his music and his art; WHEREAS: He was a man of many cultural and charitable interests who shared his enthusiasm aid knowledge for the benefit of all. He succeeded in making each project more than ordinary; WREREAS: He was appointed to the Virginia Beach Arts & Humanities Commission June 27, 1983, and was serving his second term when elected Chairman in Juie 1985. His dedication and unselfish service involved personal sacrifices and inconveniences; however, he liked his work and became involved to better understand every facet. He was quick to recognize a need and energetic to excel in any field of endeavor; and, WHEREAS: This City is a better place to live and to work because of the contributions of LASZLO ARANYI: THEREFORE, it was with sincere regret that the Virginia Beach City Council learned of the death of this outstanding citizen and wishes to express its sympathy with this RESOLUTION IN MEMORIAM GIVEN under our hands and seals this Sixteenth Day of September, Nineteen Hundred and Eighty-Five. Mayor Vice Mayor - 9 - Item II-F.2 PRESENTATION ITEM # 24230 The City Clerk advised the Presentation of the MAYOR'S BOWLING TROPHY by Gene Luke, Publicity Chairman of the Bowling Association, is RESCHEDULFD for three weeks. The City of Portsmouth has held this trophy three years since the first Tournament. September 30, 1985 - 10 - Item II-F.3. PRESENTATION ITEM # 24231 ADD-ON Mary B. Butler, representing the Kings Grant Community, read City Council a Complimentary Letter concerning DENIAL of the RARRIS Change of Zoning several years ago. Councilwoman Oberndorf sponsored Mary Butler. September 30, 1985 Item II-G.1 PROCLAMATION ITEM 24232 Mayor Heischober PROCLAIMED the month of September 29 - November 5, 1985 as: VOTER REGISTELATION AND VOTING MONTH "OPERATION BIG VOTE- This PROCLMATION urged all citizens to take part in their community by registering to vote as soon as possible and casting a ballot on electi,, day, November 5, 1985. This PROCLAMATION was ACCEPTED by: Mrs. Helen Shropshire, President, United Council of Citizens and Civic Leagues Mrs. Anna Brinkley, President, Virginia Beach Chapter of Alpha Kappa Alpha Soriety Reverend Gerome Ross, President, Virginia Beach, Interdenominational Ministers Conference Mrs. Sherin Shearin, Chairperson of the social Action Committee for the Virginia Beach Chapter of Delta Sigma Theta Soriety Mrs. Mary Redd, Executive Director, Urban League of Tidewater Dr. Marlene Hager, Voter Registrar September 30, 1985 .6 rjarlam;attLill WHEREAS, the United Council of Citizens and Civic Leagues, the Urban League of Tidewater, the N.A.A.C.P., the Virginia Beach Chapter of Alpha Kappa Alpha, the Virginia Beach Chapter of Delta Sigma Theta Sorority, and the Interdenominational Ministers Conference of Virginia Beach for many years have promoted voter registration and education; and WHEREAS, these organizations have conducted voter registration drives, marches, seminars, car pools, telethons, musicals; and WHEREAS, over 25,000 citizens registered last year to vote in the Presidential election; and WHEREAS, there is a statewide computerized registration system, and the City of Virginia Beach uses 13 satellite locations (permanent and special) for registration, and groups sponsor voter registration drives; and WHEREAS, it is incumbent upon us as citizens of Virginia Beach and the State of Virginia to exercise our constitutional right to register and vote; and WHEREAS, registration can be held on a regular basis six days per week, and citizens can register in any contigious locality; and WHEREAS, on November 6, 1985 we will be voting to elect state and local officers and deciding on funds that will affect education in the City of Virginia Beach. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the month of September 29 - November 5, 1985 as VOTER REGISTRATION AND VOTING MONTH "OPERATION BIG VOTE-' and urge all citizens to take part in their community by registering to vote as soon as pos- sible and casting a ballot on election day, November 5, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this thirtieth day of September, nineteen hundred and eighty-five. Mayor - 12 - Item II-G.2 PROCLAMATION ITEM # 24233 Mayor Heischober PROCLAIMED Tuesday, October 29, 1985, as: INDUSTRY RECOGNITION DAY This PROCLAMATION recognized businesses and industries and the desire to retain, expand, and attract business enterprise (both domestic and foreign) to improve the economic base in Virginia Beach by increasing employment and tax revenues which assist in funding needed services to our community. This PROCLAMATION was ACCEPTED by John Boon, Chairman of the Industrial Development Committee of the Virginia Beach Council of the Hampton Roads Chamber of Commerce. riariam;ati Lin WHEREAS, the City of Virginia Beach recognizes that business and industry should be nurtured in order that steady economic growth continues to flourish; and WHEREAS, the City of Virginia Beach recognizes the contribution to our tax base and employment made by businesses in Manufacturing, Services, Transportation, Com- munications, and Wholesale; and WHEREAS, the Virginia Beach Council of the Hampton Roads Chamber of Commerce would like to set aside this time to recognize businesses and industries and the desire to retain, expand, and attract business enterprise (both domestic and foreign) to improve the economic base in Virginia Beach by increasing employment and tax revenues which assist in funding needed services to our community. Now, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim Tuesday, October 29, 19B5, as INDUSTRY RECOGNITION DAY in Virginia Beach and urge all citizens to "Think B.I.C."--Business and Industry = Growth. IN WLTNESS WHEREOF, I have hereunto set my hand and caused the sealof the City of Virginia Beach to be affixed this thirtieth day of September, nineteen hundred and eighty- five. Mayor - 13 - Item II-H.1 MINUTES ITEM # 24234 Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council APPROVED the Minutes of September 16, 1985. Voting: 7-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech Council Members Abstaining: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 14 - Item II-I.1 PUBLIC HEARING ITEM # 24235 Mayor Heischober DECLARED a PUBLIC HEARING concerning the ENRANCED E-911 EKERGENGY TELEPHONE SYSTEM. There being no speakers, the Mayor CLOSED the PUBLIC HEARING. Se tember 30 1985 Virginil Bfteh Stin. September 25, 1985 PUBLKNOTICE The VirgWa Bmh City C,,Mcil wifl howa PUBLIC HEARING at 7:00 PM in @ Co"W Chambors Monday, @ber 30,198$: a. b. Finan@ Al ves Ruth Hodges &Wth, CMC City Clerk 203-3 It 9-25 VB - 15 - Item II-I.l.a ENHANCED E-911 ITEM # 24236 ADD-ON Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City Council AUTHORIZED the City Manager to povide a letter of Intent to CONTEL AND C & P TELEPHONE COMPANIES of the City's desire to participate in the Enhanced 911 System. Voting: 10-0 Council Members Voting Aye: 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 Council Members Abstaining: John A. Baum - 16 - Item II-I.2 PUBLIC HEARING ITEM # 24237 Mayor Heischober DECLARED a PUBLIC HEARING concerning PROPOSED BUDGETARY INCREASES for the 1985-86 Fiscal Year. There being no speakers, the Mayor CLOSED the PUBLIC HEARING. NOTICE GF PUBLIC HEARING CITY OF VIRGINIA BEACH PROPOSED BUDGETARY INCREASES FOR THE 1985-1986 FISCAL YEAR Pursuant to Chapter 2, Section 2- 187.1 of the CitY Code a public he-ing will be held by the City Council in Council Chambers in the City Hall Building on Mon- daY. Septe@ 30. 085 at 7:00 P-in., o ais@uss proposed in. creases in the Operating Budget for fiscal year 1985-1986 as shown below. The increases are for purchase commitments made and charged to the operating budget for fiscal year 1985 but will not be delivered and invoiced until fiscal year 1986. PROPOSEDINCREASES General Fund $3,064,024 Water and Sewer Fund 835,068 Law Library Fund 314 Tidewatcr Virginia ASAP Fund 14,029 Pendleton Child Service Center Fund 62,226 School Operating Fund 2,078,350 $6,054,011 ESTIMATED REVENUE General Fund Balance $3,064,024 Water and Sewer Fund Balance 835,068 Law Library Fund Balance 314 Tidewatcr Virginia ASAP Fund Balance 14,029 Pendleton Child Se@vice Center Fund Balance 62,226 School Operating Fund Balance 2,078,350 $6,054,011 lndividuaIs desiring to provide oral comment shoudi register in person with the City Clerk's Of- fice on the second floor of the City Hall Building or by calfing 427-4303 before the hearing begins. Ruth Hodges Smith, CMC, City Clerk 201-6 1 t 9-18 VB - 17 - Item II-J.1 PLANNING - REQUEST FOR RECONSIDERATION ITEM # 24238 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council will RECONSIDER the FINAL APPROVAL on October 21, 1985, of an Ordinance for the discontinuance, closure and abandonment of a portion of Ego Drive in the petition of WILLIAM R. AND HELEN H. HOLZ. City Council had DENIED FINAL APPROVAL on September 9, 1985. Application of William R. and Helen H. Holz for the discontinuance, closure and abandonment of a portion of Ego Drive beginning at the eastern boundary of Matt Lane and running in an easterly direction a distance of 134.6 feet. Said parcel is 50 feet in width and contains 3,358.30 square feet. LYNNHAVEN 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 September 30, 1985 18 - Item II-J.2 PLANNING - REQUEST FOR WAIVER ITEM # 24239 Daonld J. Maggi, President of Independence Texaco, represented himself and requested a WAIVER to a corfdition of his Conditional Use Permit The City Clerk referenced letter from Donald J. Maggi, President, Independence Texaco, Inc., dated September 24, 1985, requesting extension of the Conditional Use Permit. (Said letter is hereby made a part of the record). Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council WAIVED the Condition of an Ordinance upon application of DONALD J. MAGGI, PRSIDEMT, INDEPENDENCE TEXACO, INC. for a Conditional Use Permit for an auto repair facility (APPROVED BY CITY COUNCIL ON JUNE 24, 1985). The Condition WAIVED is: 1. Approved until September 30, 1985. The Conditional Use Permit was EXTENDED until January 31, 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 - 19 - Item II-L.1 PLANNING ITEM # 24240 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the Application of FRAMCES M. BAZE14ORE for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administative Offices in regard to certain elements of the Subdivision Ordinance, Sudivision for Frances M. Bazemore. Property is located at the southeast corner of Sea View Avenue and Lauderdale Avenue. 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 September 30, 1985 - 20 - Item II-L.2 PLANNING ITEM # 24241 Robin Tolerton represented her father, the applicant, John D. Leitch Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the Application of JOHN D. LEITCH for aVariance to 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 John D. Leitch, Jr. property is located at 4184 North Witchduck 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 Heischoberl 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 *Verbal Aye - 21 - Item II-L.3 PLANNING ITEM # 24242 Attorney R. J. Nutter represented the applicant and referenced a VOLUNTARY AGREEMENT submitted to the City Attorney Robert Galewski, represented himself and two other adjoining property owners in Lawson Forest and spoke in favor of the application Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning District Classification as per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Z09851011 A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located at the northeast corner of Wesleyan Drive and Baker Road. Said parcel contains 2.484 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Prior to the changing of the official zoning maps, the following condition shall be met: A four-foot dedication of right-of-way along the frontage of Wesleyan Road in accordance with the Virginia Beach Bikeway Plan. The following conditions shall also be required: 1. A 65-foot Buffer along the northern iib of the property shall be maintained as unimproved open space, and shall remain in its natural state. This is shown on the plat as "BUFFER AREA;'. 2. Voluntary Agreement encompassing conditions and restrictions as to the physical development AND operation of subject property shall be recorded in the Clerk's Office o the Vir@inia Beach rcuit Court. is hereby made a part of these proceedings) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Thirtieth day of September, Nineteen Hundred and Eighty-five. September 30, 1985 - 22 - Item II-L.3 PLANNING ITEM # 24242 ((Continued) 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: None Council Members Abstaining: Nancy A. Creech September 30, 1985 CAMPUS EAST ASSOCIATES, a Virginia general partnership TO (COVENANTS AND CONDITIONS CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 8th day of August, 1985, between CAMPUS EAST ASSOCIATES, a Virginia general partner- ship, (Grantor) of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (Grantee) of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from R-5 Residential District, tO 0-1, Office District, on certain property containing 2.484 acres, more or less, in Bayside Borough, in the City of Virginia Beach, Virginia, located at the northeast intersection of Baker Road and Wesleyan Drive, said property being referred to hereinafter as "the property," and being generally described on the plat attached hereto entitled "Rezoning Plat of Wesleyan Pines Section Two," dated February, 1985, Made by John E. Sirine & Associates, Ltd.; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including office and residential, and to allow for buffering and more open space, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned 0-1 are needed to cope with the situation which the Grantor's rezoning application.gives rise to; and WHEREAS, the Grantor has voluntarily proferred in writing, in advance of and prior to the public hearing .before the Grantee, as a part of the proposed amendment to the zoning map, in addition to the regulations provided for the 0-1 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proferred by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; 2 NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or @ld @o @o for zoning, -rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be bipding upon the property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: That portion of the property shown on the plat as "Buffer Area" containing 0.154 acre shall be used only as unintproved open space to be used in its natural state on which there shall be erected no structure or improvement except for the installation and maintenance of necessary drainage and underground utility structures in order to provide a buffer area between the office and institutional uses to the south and the residential uses to the north and east with the ownership and maintenance of the buffer area to remain on the owner of record thereof, from time to time. All references hereinabove to the R-5 and 0-1 districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of August 8, 1985, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City o@@ Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the 3 - 23 - Item II-L.4 PLANNING ITEM # 24243 Attorney Robert Cromwell represented the applicant Robert Galewski, represented the Citizens Against Incompatible Rezonings, and spoke in favor of the application Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of MOORE FARM ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO R-5 Z09851012 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Moore Farm Associates for a Change of Zoning District Classification from R-1 Residential District to R-5 Residential District on certain property located 360 feet more or less east of Diamond Springs Road, 1530 feet more or less north of Haygood Road (Proposed). Said parcel contains &-.@ .53 acres*. Plats with more detailed infor a@tion are available in the Department of Planning. BAYSIDE BOROUGH. Attorney Robert Cromwell noted correction to acreage of said application. All previous actions on this application shall be NULL AND VOID. Items II-L.4 and II-L.5 were voted on together. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Thirtieth day of September, Nineteen Hundred and Eighty-five. 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: None Council Members Abstaining: - 24 - Item II-L.5 PLANNING ITEM # 24244 Attorney Robert Cromwell represented the applicant Robert Galewski, represented the Citizens Against Incompatible Rezonings, and spoke in favor of the application Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of MOORE FARM ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Z09851013 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Moore Farm Associates for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on certain property located at the northeast corner of Diamond Springs Road and Haygood Road (Proposed). Said parcel contains 27.5 acres. Plats with more detailed information are available in the Department of Planning. BAYSTDE BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way for Haygood Road to provide for an ultimate 110-foot right-of-way as required by the Master Street and Highway Plan and in acccordance with the alignment on file in the City Engineer's Office. 2. Dedication of right-of-way to provide for the proposed bikeway along Haygood Road as per the Virginia Beach Bikeway Plan. 3. Dedication of controlled access easements along the frontage on Diamond Springs Road and Haygood Road. 4. Curbcuts shall be limited in accordance with Voluntary Agreement to be filed with the City Attorney within ONE WEEK and subsequently reached in the Clerk's Office of the Virginia Beach Circuit Court. All previous Council actions on this application shall be NULL AND VOID This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Thirtieth day of September, Nineteen Hundred and Eighty-five. 2 5 Item II-L.5 PLANNING ITEM 24245 Items II-L.4 and II-L.5 were voted upon together. 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: None Council Members Abstaining: Nancy A. Creech September 30, 1985 - 26 - Item II-L.6 PLANNING ITEM # 24246 Attorney Charles Salle' represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of JOSEPH LUST for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF JOSEPH LUST FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon application of JOSEPH LUST for a Change of Zoning District Classification from R-3 Residential District to B-2 Community-Business District on certain porperty located at the northeastern extremity of Shell Road, 95 feet northeast of Locust Crescent. Said parcel contains 29,621 square feet more or less. 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: - 28 - Item II-L.8 a. PLANNING ITEM # 24248 Upon motion by Councilman Fentress,seconded by Councilman Jennings, City Council DEFERRED the following Ordinances: ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 (f) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 221(e) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS FOR CONDITIONAL USES These Ordinances will be REFERRED BACK TO THE PLANNING COMKISSION as questions have arisen as to whether these Amendments are intended to prohibit any change between the Planning Commission Hearing and the City Council Hearing concerning PROFFERS AND AGREEMENTS which are intended to be legally binding upon the applicant, subsequent to the granting of the application, or whether this prohibition Is intended to apply broadly to all tangible documents, materials and exhibits presented at each Hearing. 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 Septmber 30, 1985 - 29 - Item II-L.8 b PLANNING ITEM # 24249 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 200 (b) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO LOT WIDTH 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 September 30, 1985 AN ORDINANCE To @ AnD RZORDAIX ARTICLE 2. sscrION 200(b) OF THE COMPRMMSIVS ZONIW ORDIMCE PERTAINING TO LOT VIVTR EX IT ORIKAINED NY THIS COUNCIL OF THE CMT OF VIMINIA MACE, vinuu: That Article 2, Section 200(b), Lot Width, of the C.Z.O. be amended and reordained in part as follows: (b) Lot Width. The width of a zoning lot shall be determined by measuring across the rear of the required front yard, Notwithstandinst the above, when one of the streets abutting a corner lot in a residential district has a ristht-of-way sixty (60) in width and where restrictions exist Prohibitinz the structure or use from beiniz oriented toward that street. then the lot width shall be measured at the rear front vard from the other street provided, however, the street line width of a zoning lot shall be determined by measurement across the width between the side lot ' lines of said zoning lot at the points where they intersect the street line. Said street line width shall not be less than eighty (80) percent of required minimum lot width. Exception: In the case of lots on the turning circle of cul-de-sacs or at points of street curvature where the radius at the right-of-way line of the street (or a circle approximately following the right-of-way line and intersecting the foremost points of the side lot lines) is less than ninety (90) feet, the eighty (80) percent requirement shall not apply. DIPIRI ENT -V ?R- ED AS TO FORM r-ITY ATTORNEY Adopted by the Council of the City of Vir@ia Beacb, Virginia, on the 30th day of September 1985 - 30 - Item II-M CONSENT AGENDA ITEM # 24250 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 23, and 24, as well as the ADD-ON Item: Ordinance confirming the DECLARATION OF A LOCAL EMERGENCY by the City of Virginia Beach, Virginia Items 1, 15, 19, and 22 were voted upon separately. Councilwoman Creech VERBALLY ABSTAINED on Items 14 and 16. 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 September 30, 1985 - 31 - Item II-M.a. CONSENT AGENDA ITEM # 24251 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance Confirming the DECLARATION OF A LOCAL FMMGENCY by the City of Virginia Beach, Virginia 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 - 32 - Item II-M.b. CONSENT AGENDA ITEM # 24252 The Mayor and Council expressed their gratitude and complimented the City Manager; his Assistants; Lee Eskey, Director of Emergency Services; and the various Department Heads who had stayed the night of the EMGENGY,"GLORIA"- The entire Hurricane situation was handled with the UtMost efficiency and the City Manager was commended for an outstanding performance. Gratitude was also extended to the office of Public Information for their many services rendered in keeping the public advised on a continuous basis. Se tember 30 1985 AN ORDINANCE CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY BY THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, pursuant to Section 44-146.21 of the Code of Virginia, as amended, and Section 2-141 of the Code of the City of Virginia Beach, Virginia, a local emergency was declared by the City Manager/Director of Emergency Services on September 26, 1985, at 3:00 p.m.; and WHEREAS, due to the heavy winds and rain caused by Hurricane Gloria, the City of Virginia Beach was faced with dangerous weather conditions; and WHEREAS, due to the hurricane warning status, a condition of extreme peril to life and property existed, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Section 44-146.21 of the Code of Virginia, as amended, and Section 2-141 of the Code of the City of Virginia Beach, Virginia, the emergency declared by the City Manager/Director of Emergency Services is hereby confirmed and ratified; BE IT FURTHER ORDAINED that the declared emergency is hereby ended at 5:00 p.m., September 27, 1985. This Ordinance shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on September 30, 1985 KJC/da 9/3 0/8 5 (3) -33- Item II-M.1 CONSENT AGENDA ITEM # 24253 Deputy City Manager for Development Aubrey Watts provided clarification concerning an Ordinance authorizing the City Manager to execute an Agreement between the City and Hampton Roads Sanitation District agreeing to participate in the cost of construction of the EAST KEMPSVILLE FORCE MAIN and an agreement between the City and R. G. Moore Building Corporation. Aubrey Watts presented a map depicting the general area referenced in the Agreement and subdivisions which the Staff is currently reviewing. When the Staff investigated these developments and this activity, additional sewer lines were needed. The above referenced proposal would involve running a sewer force main on an alignment to be determined by the Hampton Roads Sanitation District down into this area to Elbow Road. HRSD will ONLY enter into an agreement with the City; however, with the Secondary Agreement any interest costs the City would incur as a result of this Agreement would be paid in total by R. G. MOORE BUILDING CORPORATION. This is the first time a 100% guarantee of Interest Payments has been made by a developer. The FORCE MAIN would pump to the City of Chesapeake Line and to the area bounded by the GREEN LINE, but does NOT cross over the GREEN LINE. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED the following Ordinance: Ordinance autborizing the City Manager to execute an agreement between the City and Hampton Roads Sanitation District agreeing to participate in the cost of construction of the East Kempsville Force Main and an agreement between the City and R. G. Moore Building Corporation whereby R. G. Moore Building Corporation agrees to pay all of the City's costs due to Hampton Roads Sanitation District in the construction of the East Kempsville Force Main. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress,Mayor Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None Council Members Abstaining: Nancy A. Creech and Louis R. Jones AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND HAMPTON ROADS SANITATION DISTRICT AGREEING TO PARTICIPATE IN THE COST OF CONSTRUCTION OF THE EAST KEMPSVILLE FORCE MAIN AND AN AGREEMENT BETWEEN THE CITY AND R.G. MOORE BUILDING CORP. WHEREBY R. G. MOORE BUILDING CORP. AGREES TO PAY ALL OF THE CITY'S COSTS DUE TO HAMPTON ROADS SANITATION DISTRICT IN THE CONSTRUCTION OF THE EAST KEMPSVILLE FORCE MAIN WHEREAS, the City of Virginia Beach, hereinafter called 'City,' and Hampton Roads Sanitation District, hereinafter called 'HRSD," desire to enter into an agreement for construction of the East Kempsville Force Main, hereinafter called 'Force Main," whereby HRSD will construct the Force Main and the City will make interest payments to HRSD as described in the agreement between the City and HRSD which agreement has been attached hereto and made a part hereof as Exhibit A, and; WHEREAS, the City and R. G. Moore Building Corp., hereinafter called 'R. G. Moore," desire to enter into an agreement whereby R. G. Moore will pay to HRSD all money owed by the City to HRSD, as a result of the HRSD agreement, which agreement has been attached hereto and made a part hereof as Exhibit B; and WHEREAS, when these two agreements have been signed the City will receive the benefit of expanded sewer capacity in the area served by the force main and will not expend any City funds for this benefit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to sign the attached agreement, dated September 19, 1985, and the City Manager is further authorized and directed to sign the attached undated agreement between the City and HRSD for the purposes referenced above and for the terms and conditions more fully specified in the agreement attached hereto and incorporated by reference. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on this 30th day of September , 198 5. KJC/da (ORD F) 9/2 5/8 5 -2- AGREEMENT FOR CONSTRUCTION of THE EAST KEMPSVILLE FORCE MAIN IN THE CITY OF VIRGINIA BEACH THIS AGREEMENT, between the CITY OF VIRGINIA BEACH, VIRGINIA CCity) and the HAMPTON ROADS SANITATION DISTRICT (District), entered this - day of 1985. W I T N E S S E T H: THAT WHEREAS, the City finds it essential to expedite the construction of interceptor facilities within the City as specifically described below; and WHEREAS, such facilities constitute interceptor facilities within the normal responsibility of the District, but which in its normal course the District would probably not construct in the immediate future; and WHEREAS, the District agrees to have such facili@lies constructed provided the City is agreeable to certain assurances and guarantees which will make it practic- able for the District to proceed at this time with the required construction. NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: I. DESCRIPTION OF FACILITIES In keeping with the District's Development Plan, 1983, and the Master Plan Sanitary Sewer Systems for the City of Virginia Beach, the District will construct: Approximately 12,000 feet of 30 inch force main along the proposed north-south roadway from the existing District force main on Ferrell Parkway to Elbow Road, as shown on the attached sketch. II. CONSTRUCTION OF FACILITIES A. Cost of Construction: The total cost of the interceptor facilities, as specifically defined by plans and specifications for the work, prepared by or for the District and approved by 2- the City, such costs to include (a) construction contract costs for the facility; (b) cost of engineering design, construction supervision and inspection; (c) the cost of advertising for bids, review by the District consultants, and other mis- cellaneous essential expense; and (d) the cost of land and rights of way acquired for construction from property other than that owned by the City or in public rights of way; the total amountofthese costs to be reduced by any Federal or State grant funds received for the construction of the facilities. The records of these costs shall be available for review by the City at any mutually convenient time. B. Approval of Plans and Specifications: The District agrees that before any construction work is begun under this agree- ment, it will submit to and secure approval from the City (in writing) of final plans and specifications for the work. C. Ownership of Facilities: The facilities constructed hereunder shall be and remain the property of the District. III. OBLIGATION OF THE DISTRICT A. Collection of ServiCe Charges: The District and the City agree that Sewage Disposal Facilities Charges (tap fees), normally made by the District will be charged for each connection to the lines previously described in Section I. Sewage Disposal Service Charges shall be collected by the District in accordance with provisions of the rate schedule in effect at the time of collection. The City, however, reserves the right to charge and collect sewage tap fees and service charges as appropriate in addition to the District charges. The District shall maintain a complete and accurate record of -3- all Sewage Disposal Service Charge collections and such records shall be available for inspection by authorized representatives of the City during normal working hours. B. Revenue Credit to the City: When the District begins treatment of flows generated through the facilities described in Section I at its treatment plants, the District agrees to credit the City, at the end of each quarterly period, with 70% of all revenues collected by the District for Sewage Disposal Service Charges from new connections to the aforesaid facilities. Such new connections considered for the 70% credit will be those located more than one mile frotn existing District interceptors, as indicated on the attached map. IV. OBLIGATIONS OF THE CITY A. Payrnent to the District: The City agrees to pay to the District, at the end of each quarterly period, one-fourth of the annual interest sum arrived at by multiplying total construction costs, as described in Section II. A, by the agreed interest rate of % less the 70% credit to the City as outlined in Section III. 8 above. Payments will begin as of the date of completion of the interceptor and it becomes available for use. This agreement shall terminate when such 70% credits equal the amount of the City's quarterly payment and such 70% credits have not, for any quarterly period within one year prior thereto, been less than the City's quarterly payment. B. Future Re-Loc ting of Lines: If any of such lines are required to be re-located to accommodate other public projects, re-location shall be at the expense of the project. IN WITNESS WHEREOF, the City has caused this agreement to be signed by the City Manager in its behalf and its seal affixed and attested by the City Clerk, pursuant to resolution adopted by the City Council, and the District has caused 4- this agreement to be signed in its behalf by its General Manager and its seal affixed and attested by its Secretary in aCCOrdance with authorization granted at its regular meeting held on CITY OF VIRGINIA BEACH BY ATTEST: City Clerk HAMPTON ROADS SANITATION DISTRICT BY ATTEST: ecretary IN WI@.@ESS the car-,4.es @lereto hav-- exec,,;-E-J and seale'd this agre@,ent as of t@e @-y and yen-r first above wri'@ten. CIT'f OF VI-,Gi'i!A BE.AC,@, 'vIRGi.@iTA BY C@ -,y D@'.TE A i-L EST: (S;7AL) C i c y C'@ e.-'K BY DAi-E A7@ES-@: (SF-@) A P .4 'TENT: DEPA OF PUBLYC UYILITIES .'D@?.OVED A.S T'O FGF-I: C@-zy .7[z CERTIFIED AS TO AV.I!L-@--.' E@ca:--.7:ezr o@@ 4- S@AT--' OF cify OF 1, a 'Notary rlablic in and for the C'ity and St%te afore@id, do h@reby certif@, that a-nd President @-id Se,-retary, resp--ctively, of Ah@)se ,ir-e s@,ri(A to the writing a@ve, b@aring d;,-te of liave ac.@-ov,!--dg,-d t@ie ---,,ne bffore mL, in my City and State aforesaid. Given under my @,and this day of 1985. ,dy @ission Expir@ N,Dt@ Public STATE OF VLP,-@l.4IA ClTY OF VIRGI141A BE.4CH, to-wit: Tne fore-.oing instrument w@q acknowledged @,fore me and Ruth Hc)d.@es Srnith, the City @nager and City Clerk, respectively, of tbe City of Virginia @ch, this day of 1985. iNotaxy Public CY,.inission a-pires: STING AREA cc C., F L... Ad S DM L.kl R@ W 003 11 L. EN mi.. C, L07 C, m R@ GM A@ LZ3 M.q L@. C, Cil Oc'.. G@,@,@ S, XOS MI@l..d A. M07 DC... Hill, C' LDS M.,Yl.m C. MOB (k-.. ill@ Rd L05 M.@.d. 0, cog DC... P-bbl. W., L07 M-l"i-id Gil DO oc..@ S@@', A@, H02 C, G10 0... Sid. C' L07 MI@1.11 A@. EOB Oc'.. Tid,, 0, Goo M.1-@ C' LD4 A,, M: "h P@i@' 01 FOB mL. K07 L" -Pilg@t L. P--li.c Rd CO? L.... @.,, C, F07 P..l Sid, Pi E05 L.... I., C, 80 P..t Sid. Rd EOS A, .y P. LI@.101 D, CM S, 810 LI-@ -1 Pl-.1@, Rd Glg L. EO, C'GN d,,, Rd KM M. ..Ii Cl FM L" ----d C' D06 L..d.@ @ s@ H07 HRSID m@y... c, Fog 0, C07 M-Y@l.h Rd E04 L"d, E,, W'y L17 M.Yli.id 01 11, Y..Id St E07 M, P.P@, .@.O@.. @ L P.,P.,S. L. Y @l E. L" M.Y. Rd C06 L.@d@.,. mPi H06 y M.Y@'.. ..... L@ "d d Rd 014 0 d Id M 07 .. ....... C ,d .. M. H M p", L -" ' @d I .d 'o PI Fli F D, L L.-F p U"Y C, 007 D, 007 .1 -'.@O- d Y, .D MOS M1- P. y@ L.,@@ C, 10 A 0 PI d CIG10 k 111, 11 a Cil '@k S, Moo M..d, U EDS 0 L -.,-Y,1. - P, @d ... 'C' 0 ' T L. M,.d. P, @d L-1@.-.Y C, E09 M..do. Uk. Gi, 105 a: P.-@... A. ukll,,@ L, M. L.@, Ad J05 0 .,y Rd ED P.Y-l L. AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE R. G. MOORE BUILDING CORPORATION FOR SUPPORT OF CITY OF VIRGINIA BEACH AND HRSD AGREEMENT THIS AGREEMENT, Made this Igth day of 1985, by and among the CITY OF VIRGINIA BEACH, VIRGINIA, a @municipal corporation (the "City") and the R. G. MOORE BUILDING CORPORATION, a virginia corporation ("R. G. MOORE"). WHEREAS, R. G. Moore, and the City desire to expedite the construction by Hampton Roads Sanitation District ("HRSD") of approximately twelve thousand (12,000) linear feet of thirty (30) inch sewer force main and related facilities (collectively, the "Sewer Facilities") known as the East Kempsville Force Main commencing from the present HRSD sewer force main on Ferrell Parkway between Pleasant Valley Road and Salem Road in the City i@of Virginia Beach, Virginia, and proceeding in a southerly i idirection to Elbow Road in the City of Virginia Beach, Virginia, in accordance with plans and specifications to be prepared by HRSD and approved by the City of Virginia Beach, Virginia. WHEREAS, HRSD would not otherwise commence construction @of the Sewer Facilities at this time; and WHEREAS, in order to induce HRSD to commence the construction of the Sewer Facilities at this time, HRSD requires that the City enter into an agreement with HRSD (the IIHRSD Agreement") which is attached hereto and made a part hereof by reference; and WHEREAS, for purposes of this Agreement, the amount of the annual interest charge payable by R. G. Moore to the City shall be identical to the amount of the annual interest charge payable by the City to HRSD under the terms of the HRSD Agreement; and WHEREAS, in order to induce the City to enter into the HRSD Agreement, R. G. Moore has agreed to reimburse the City for the amounts paid by the City to HRSD pursuant to the terms and provisions of the HRSD Agreement, it being understood and agreed that the City shall not be obligated to make any such payments at any time, R. G. Moore being solely responsible for such costs in accordance with the terms of this agreement. NOW, THEREFORE, for and in consideration of the premises, and other good and valuable considerations, the receipt jand adequacy of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. The City agrees to use its best efforts to enter into the HRSD Agreement with HRSD. 2. At the end of each quarterly payment period, as @idefined in the HRSD Agreement, R. G. Moore agrees to pay to the ,@City, upon demand and in no event later than twenty (20) days from the time the City is billed by HRSD, the amount billed to @@the City by HRSD pursuant to the HRSD Agreement. -2- 3. As security for the payment obligations to the City liunder this Agreement, upon request of the City, R. G. Moore shall furnish to the City an initial irrevocable letter of credit in the face amount of $540,000.00. The letter of credit shall be maintained in full force and effect until the termination of the HRSD Agreement. In addition, in the event, from time to time, it is determined that the amount estimated to be payable by R. G. Moore to the City under this Agreement for the next succeeding twelve (12) month period is less than the then existing face amount of the initial letter of credit, the City agrees to accept, in substitution of the then current letter of credit, a letter of credit in such lesser amount. Contemporaneously with the execution of this Agreement, R. G. Moore has furnished to the city commitments acceptable to the virginia Beach City Attorney from the lenders to issue the requisite letters of credit. 4. The rights and obligations of the parties hereunder are expressly subject to and conditioned upon the City and HRSD entering into the HRSD-City Agreement on or before December 11 19851 In the event the HRSD-City Agreement is not executed by the City and HRSD on or beforedecember 1, 198@ then this Agreement shall, at the option of R. G. Moore terminate l@and be of no further force or effect and none of the parties i;'hereto shall have any further rights against, or obligations or liabilities t., any other party hereto. -3- !;are signed to the foregoing Agreement, have acknowledged the sarne 'before me in my City and State aforesaid. GIVEN under my hand this day of 1985. N Et a-r TP-Eb-f -1-C my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: C,, a Notary Public in and for the City and State aforesaid, do hereby certify Secretary, Ilthat R. G. MOORE, President, and poration, ror K. %.. MOORE BUILDING CORPORATION,a Virginia cor whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. Notary Pubii&--- My Commission Expires: f@@ KJC/rab/da 9/9/85 9/16/85 (48.30) As Tri @c.;- 5. It is expressly understood and agreed to by the parties that this agreement shall be binding upon the heirs, successors, @iand assigns, if any, of the City and of R. G. Moore. CITY OF VIRGINIA BEACH, VIRGINIA a municipal corporation, By -h-T Thomas H. Mue en ec City Manager !'ATTEST: iiRuth Hodges Smit -City C er R. G. MOORE BUILDING CORPORATION By @ore, President :!ATTE@T -SSecr6tbky I'STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify i@that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, I,City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such -4- are signed to the foregoing Agreement, have acknowledged the sarne before me in my City and State aforesaid. GIVEN under my hand this day of 1985. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify Secretary, that R. G. MOORE, President, and for R. G. MOORE BUILDING CORPORATION, a Virginia corporation, whose names as such are signed to the foregoing Agreement, htve acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. otar@P b@ic-- My Commission Expires:@'@ KJC/rab/da 9/9/85 9/1 6/8 5 (48.30) AS TI:@ -5- & L.k. Rd S 003 c@, 105 L.@, R@ W D03 C, EO, L.k. Ridg, Ci, FOB LR,dg, pi Foa M@llh.11 L@ EN C, LOT 2560 L: S@.,,, Ad D03 C, m L.@, S.,Ih C. D03 R@ G09 L@k. S..,@ 0, D03 M.". Rd L23 L.kl T.b.. T,, G@o C, ci I G Id.@ Sl K06 A. M"' L" A,. MO O@..@ HI-11, Cl LD5 7 L. Ci, FM M.1..d C, M08 0... Hill. Rd L05 L.kltl.., D, Fog D, Cog O... ftbbi. W.y L07 L.k.l.@d C, DW M.I.ti.id Cil DW M..@ Sh.11 A@. HU L.@lp.@ C, Clo ...... C, Gio O..@ Sid, Cl L07 L.klSid. A@. LD4 A@. EOB 0.. @ Tid,, 0, G03 L.k.lid. 01 N J04 M.I.@ Cl LN Vi,. A,, F02 Rd ED, m L@k,@i.. D, EU --l@ P.,.' D, FBB Oc ... W--d' C' L09 L.k.w.. Ci, M07 M.@ L. K07 oc... ol,d X07; xii C, HIO Rd 112 Oc .... Bl@d N X05 m,' ... ck Cl @09 ... 9'.P Ad is. U G05 M." 0, C, L..Pt A,, G07 'k. @. I A@. Ill P.@li., Rd CO L..pi,g@, @ HM M..Iy Cil LIO Odlll. D, C03 P.ol Sid. Pi E, L..c.,,,, Cl F07 M-@"Ick S' M07 000 P..l Sid. Rd E LC, ON m ... y D, jw u P.. S, 810 0, coo So LOS p@pi., B..... c@ @ oj,bw. @ E07 L..d -1 PI.-I@. Rd Gle M..W.ll C, " Oki.h... Cl Fog P.01.1 P..@, c U@d..g Rd K23 M.w.od Cl D06 010 C.-Illb.ly Rd C05 P-Pi.1 Poi@l R L...... k S, H07 M.,@.. M F09 Old C-101,@. Rd G,9 P-pay C... GiA L--d.l. 01 C07 Rd EN Old R@ NM P-Q-0@.. Cil G L..dd, E@d W., LO? M@Yt,"d D, Ill Old C.1o C,, FOB P-1@,@. L. 01 L.@ 1'... Rd G12 M-Y-.14 S' E07 I C.I..YL. FM P.. Ly..,,y Ct E03 y Ad N Hig M.y Ad CM Old C.,,., Rd J05 P.@ L'...,&Rd E03 L..d,,,. Rd FDg m P.-', Rd, L. al,y C, F09 P, m Old D.. N.lk Ad Mll P"I'l ""'d Id 014 R.1h.@.ld Rd M 0 Old Do.I.I.. L. KM L.@g@... C, D09 m= d Bl@. C05 05 C, 'o, L-.9".. Rd M mccl,.@ly ci Ill Old Pk. JPos, O.k Cl Eog L..... C"" u mi. 01@ EC p EOB M' K04 Old F@i. L. O.k D, d Cl L.-' .. CIFII EDB Old F.,g Ci, GOB POI ... c St E07 L.@, ... PI Fil 014 F. Rd A7 DO' EDO @o: C, GOS R,,,.@ 'y '@M ED4 Old MI@..@. D, PO-ghk,.P@,. Ct Mog Yd., C., LU 'o "M.'@@07 P"d Rld 10 R .1 YD7 MC@i@@., A@. GOB Old G.1- Ryi.@d Rd ulc@ c@ HM U..d. Ci, E06 Did Gi.,y Rd HM Cil L.,@ L@k@ el EM MI@@, C, E05 Old G,..l Nlck R4 105 P, ,h L.lk Sl P, d 6 ...y cl Pw@... U'k M..d, @ EUB Old G..Id Cl,@ C05 A@. L. M.@d.. @k. Ci, 05 Old H.,,,, U EM L. L. G09 M Uk, Rd J05 0 0 Hil@.@ R@ Em N..Ii. C, B09 - 34 - Item II-M.2 CONSENT AGENDA ITEM # 24254 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance authorizing the City Manager to execute a Deed of Dedication and Vacation between Frederick P. Perkins and Johanna M. Perkins and the City of Virginia Beach. 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF DEDICATION AND VACATION BETWEEN FREDERICK P. PERKINS AND JOHANNA M. PERKINS AND THE CITY OF VIRGINIA BEACH (PARCEL H-2, PRINCESS ANNE PLAZA, SECTION 9) WHEREAS, Frederick P. Perkins and Johanna M. Perkins, husband and wife, (hereinafter "Grantors") are the owners of that certain parcel of land described as Parcel H-2 on that certain plat entitled "PLAT SHOWING RIGHT OF WAY DEDICATION AND VACATED UTILITY & DRAINAGE EASEMENT PARCEL IH-2' RESUBDIVISION OF PARCEL 'H' PRINCESS ANNE PLAZA, SECTION 9 (M.B. 67, p. 32) LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA," dated May 6, 1985, a reduced copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, by plat, dated November 4, 1965, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 67, at Page 32, Grantors or their predecessor in title dedicated to the City of Virginia Beach, for installation of water mains and for drainage, that certain easement shown as the shaded area on Exhibit A and entitled "5' UTILITY & DRAINAGE EASEMENT HEREBY VACATED," (hereinafter the "Easement To Be Vacated"); and WHEREAS, the Grantors have requested that the City release its interest in the Easement To Be Vacated; and in conjunction therewith, Grantors desire to dedicate to the City that certain "STRIP OF PROPERTY HEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH FOR ROAD PURPOSES," shown as the hatched area on Exhibit A, hereinafter the "Additional Right-of-Way;" and WHEREAS, it has been determined by the Department of Public Utilities and the Department of Public Works that the "Easement To Be Vacated" is in excess of the needs of the City and no longer required for drainage and/or utility purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a Deed of Dedication and Vacation (a copy of which is attached hereto as Exhibit B and made a part hereof) between Frederick P. Perkins and Johanna M. Perkins, husband and wife, and City of Virginia Beach wherein the City releases its interest in the Easement To Be Vacated, and grantors dedicate to the City the Additional Right-Of-Way. Adopted by the Council of the City of Virginia Beach, Virginia, this 30th day of September 1985. LCJ/da (B) 8/27/8 5 -2- lip SOUTH LYNNHAVEN ROAD @Tlllll ..I.A.1 IA.I.I., .1.1.1 1.1111. Nil is rt Exhibit B THIS DEED OF DEDICATION AND VACATION is made this day of 1985, by and between FREDERICK P. PERKINS and JOHANNA X. PERKINS, husband and wife, hereinafter "Owners," whose current address is 1104 Sycamore Road, Virginia Beach, Virginia, 23452, collectively party of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter "City," party of the second part. W I T N E S S E T H: WHEREAS, by plat dated November 4, 1965, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 67, at Page 32, Owners' predecessor in title dedicated to the City of Virginia Beach that certain easement entitled "51 UTILITY & DRAINAGE EASEMENT HEREBY "CATED," (hereinafter the "Easement To Be Vacated") which easement is shown as the shaded area on the attached plat entitled 'PLAT SHOWING RIGHT OF WAY DEDICATION AND VACATED UTILITY & DRAINAGE EASEMENT PARCEL 'H-2, RESUBDIVISION OF PARCEL 'H' PRINCESS ANNE PLAZA, SECTION 9 LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA," dated May 6, 1985, and prepared by Rouse-Sirine Associates, Ltd., Surveyors-Engineers-Planners, which plat is attached hereto and recorded simultaneously herewith, hereinafter the "Plat;" and WHEREAS, the Owners have requested that the City release its interest in the Easement To Be Vacated; and in conjunction therewith, Owners desire to dedicate to the City that certain "STRIP OF PROPERTY HSREBY DEDICATED TO THE CITY OF VIRGTNIA BEACH FOR ROAD PURPOSES,' shown as the hatched area on the Plat, hereinafter the "Additional Right-Of-Way." NOW, THEREFORE, for and in consideration of the benefits accruing or to be accrued to the parties hereto and for other good and valuable consideration, the receipt of which is hereby acknowledged, the City hereby releases and forever QUITCLAIMS to the Owners the Easement To Be Vacated, which action was authorized by ordinance adopted by the Council of the City of Virginia Beach, virginia, on 1985; and the Owners hereby dedicate and convey to the City with GENERAL WARRANTY and English Covenants of Title fee simple title to the Additional Right-Of-Way. The aforesaid conveyances are made subject to the conditions, restrictions, easements, and reservations contained in the duly recorded deeds, plats, or other instruments in the chain of title, if any, constituting constructive notice thereof. WITNESS the following signatures and seals. SEAL) FREDERICK P. PERKINS (SEAL) JOHANNA PERKINS CITY OF VIRGINIA BEACH, A Municipal Corporation By City MAhd-g@r SEAL ATTEST: i y er STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State'aforesaid, do hereby certify that FREDERICK P. PERKINS and JOHANNA K. PERKINS, whose names as such are signed to the foregoing Deed of Dedication and Vacation, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. My Commission Expires:, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Deed of Dedication and vacation, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. Notary Pub!-iE-- My Commission Expires: CJ/da (27C.3) -3- - 35 - Item II-M.3 CONSENT AGENDA ITEM # 24255 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance; Ordinance authorizing the City Manager to execute a Deed of Vacation and Quitclain releasing the five foot drainage and utility easement on property of Joseph L. Licari and Karol Licari. 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 September 30, 1985 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM RELEASING THE 5 FOOT DRAINAGE AND UTILITY EASEMENT ON PROPERTY OF JOSEPH L. LICARI AND KAROL LICARI, PARCEL C2, OCEANA GARDENS EAS, by plat dated March 11, 1974, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 102, Page 39, Underwood Construction Company granted to the City of virginia Beach, (hereinafter the "City"), that certain "5' DRAINAGE AND UTILITY EASEMENT HEREBY VACATED," shown as the shaded area of Parcel C2 on that certain plat entitled "PLAT VACATING 5' DRAINAGE AND UTILITY EASEMENT ON PARCEL RESUBDIVISION OF PARCEL C, SUBDIVISION OF SITE NO. 53, OCEANA GARDENS M.B. 102, P. 39 & M.B. 93, P. 50 LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA AUGUST 14, 1985 SCALE: 1'=50'," a reduced copy of which is attached hereto and made a part hereof, as Exhibit A (hereinafter the "Easement To Be Vacated"); and WHEREAS, Joseph L. Licari and Karol Licari, the current owners of Parcel C2, have requested that the City release its interest in the Easement To Be Vacated; and WHEREAS, it has been determined by the Department of Public Utilities and the Department of Public Works that the Easement To Be Vacated is in excess of the needs of the City and no longer is required for drainage and/or utility purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That based on the foregoing, the Easement To Be Vacated is hereby declared to be in excess of the needs of the City and the City Manager is hereby authorized to execute a Deed of Vacation and Quitclaim (copy of which is attached hereto and made a part hereof as Exhibit B) between the City and Joseph L. and Karol Licari releasing the City's interest in the Easement To Be Vacated. Adopted by the Council of the City of Virginia Beach, Virginia, on this 30th day of September 1985. LCJ/ih/rab 9/1 6/85 (MISC) SOUTHERN BOULEVARD 60'RIW to EXHIBIT B THIS DEED OF VACATION AND QUITCLAIM, Made this day of 1985, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealtti of Virginia, party of the first part, and JOSEPH L. LICARI and KAROL LICARI, 121 Skyes Avenue, Virginia Beach, Virginia, parties of the second part. W I T N E S S E T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAIMS unto the parties of the second part its right and interest, if any, in the following described property: All that certain lot, piece, or parcel of property 5 feet in width being a portion of Parcel C2 and shown as the shaded area on that certain plat entitled "PLAT VACATING 5' DRAINAGE AND UTILITY EASEMENT ON PARCEL C2 RESUBDIVISION OF PARCEL C, SUBDIVISION OF SITE NO. 53, OCEANA GARDENS M.B. 102, P. 39 & M.B. 93, P. 50 LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA AUGUST 14, 1985 SCALE: 1"=50' prepared by Bench Mark Inc., Virginia Beach, Virginia, which is attached hereto and made a part hereof and recorded simultaneously herewith in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain iof title, if any, constituting constructive notice thereof. IN WITNESS WHEREOF, the City of Virginia Beach has caused its name to be signed by its City Manager and its seal to be affixed and attested to by its City Clerk, and said action was authorized by an ordinance adopted by the Council of the City of Virginia Beach, at a meeting duly called and held on the day of 1985. CITY OF VIRGINIA BEACH By City Manager (SEAL) @ATTEST: City Clerk STATE OF VIRGINIA @.CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the City of Virginia Beach, whose names are signed to the foregoing Deed of Vacation and Quitclaim, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. Notary Public APPROVEDA.STO(:(-,,,Il, My Commission Expires: LCJ/ih/rab 9/16/85 DEPAPT@@.ii,4f (27-C.3) APPROVED AS TO FOJIL SI(I'll"I'll CITY ATIC),'@NFY - 36- Item II-M.4 CONSENT AGENDA ITEM # 24256 Upon motion by Councibnan Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance to amend and reordain Section 2-5 of the Code of the City of Virginia Beach, Virginia, by adding paragraph (C) thereto pertaining to Francis Land House Board of Governors. 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 1- z AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA BY < ADDING PARAGRAPH (C) THERETO PERTAINING TO FRANCIS LAND HOUSE BOARD OF GOVERNORS LL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-5 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding paragraph (c) as follows: Section 2-5. Francis Land House Board of Governors. (c) The Francis Land House Board of Governors,i,s hereby authorized and empowered to appoint a committee of interested volunteers, who may serve for such periods of time as the Board of Governors may direct, to accept and solicit memberships. The committee and members shall be known as Friends of the Francis Land House and the committee is authorized to act in that name. Reasonable dues for those memberships and reasonable guidelines or bylaws for direction of the committee shall be determined by the Board of Governors. The said committee may also accept and solicit donations of funds and of. acceptable tangible personal property in accordance with rules governing solicitation prescribed by law as set forth in the City Code and the Code of Virginia, and in accordance with the reasonable guidelines or bylaws determined by the Board of Governors. All funds whether from membership dues or donations, and all donations of tangible personal property, shall be tax deductible by the donor to the extent allowed by law I All such funds received shall be deposited with the City Treasurer in an account to be known as the Francis Land House Account. Donations of acceptable tangible personal property may be used to furnish the Francis Land House and any such property declared to be surplus may be sold or exchanged as prescribed by law and funds derived therefrom shall be deposited to the Francis Land House Account. The Francis Land House Board of Governors is hereby authorized and empowered to accept loans of tangible personal property for display in the Francis Land House. All membership dues, donations and funds derived from the sale of surplus tangible personal property deposited to the Francis Land House Account shall be maintained and used specific#lly for the upkeep, maintenance, and interpretation of the Francis Land House. The City Manager shall be responsible for the disposition of all said funds and tangible personal propprty donated for the said upkeep, maintenance and interpretation of the Franpis Land House and the Board of Governors shall advise the City Manager of his designee as to the disposition aforesaid. Adopted by the Council of the City of Virginia Beach, Virginia, this 30th day of September 1985. WCB/NEW/rab 8/8/85 8/1 4/8 5 9/3/8 5 (G) -2- - 37 - Item II-M.5.a/b/c/d/e/f CONSENT AGENDA ITEM # 24257 Upon motioa by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinances to amend the following sections of the City Code: Section 21-16 - Exemptions for Operators of Emergency Vehicles Section 21-247 - Duty of Drivers Upon Approach of Emergency Vehicles Section 21-312 - Specific Instances of Reckless Driving Section 21-322 - Exemptions from Speed Limits Section 21-377(a) - Analysis of Breath to Determine Alcoholic Content of Blood Section 38-1 - Carrying Concealed Weapons 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. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent:: None September 30, 1985 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-16 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO EXEMPTIONS FOR OPERATORS OF EMERGENCY VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-16 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 21-16. Exemptions for operators of emergency vehicles. (a) The operator of (1) any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer in the chase or apprehension of violators of the law or persons charged with or suspected of any such violation, or in response to an emergency call, (2) any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation, (3) any vehicle used for the purpose of fighting fire, including publicly owned state forest warden vehicles not to exceed two hundred (200) in number, when traveling in response to a fire alarm or emergency call, +4+-any emergeney-eal+T or (4) any ambulance or rescue or life-saving vehicle designed or utilized for the principal purposes of supplying resuscitation or emergency relief where human life is endangered, when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution: (1) Proceed past red signal, light, stop sign or device indicating moving traffic shall stop if the speed and movement of the vehicle is reduced and controlled so that it can pass a signal, light or device with due regard to the safety of persons and property. (2) Park or stand notwithstanding the provisions of this chapter. (3) Disregard regulations governing a direction of movement of vehicles turning in specified directions so long as the operator does not endanger life or property. (4) Pass or overtake, with due regard to the safety of persons and property, another vehicle at any intersection. (5) Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, other stopped or slow-moving vehicles, by going off the paved or main traveled portion of the roadway on the right. Notwithstanding subsection (b) hereof, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals. (b) These exemptions, hereinbefore granted to such a moving vehicle, shall apply only when the operator of such vehicle displays a flashing, blinking or alternating red-light or-red-and-white emergency light or lights as provided in section. 21-150 and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and, only when there is in force and effect for such vehicle either (i) a standard automobile liability insurance covering injury or death to any person in the sum of a least one hundred thousand dollars ($100,000.00) because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of three hundred thousand dollars ($300,000.00) because of bodily injury to or death of two (2) or more persons in any one accident, and to a limit of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one accident or (ii) a certificate of self-insurance issued pursuant to section 46.1-395 of the Code of Virginia. (c) The exemptions granted by this section shall not protect the operator of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the -2- safety of persons and property. Nothing in this section shall be construed to release the operator of any such vehicle from civil liability for failure to use reasonable care in such operation. (State Code, SS46.1-226) Adopted by the Council of the City of Virginia Beach on the 30th day of September 1985. RMB/da (A) 9/11/85 -3- AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-247 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO DUTY OF DRIVERS UPON APPROACH OF EMERGENCY VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-247 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 21-247. Duty of drivers upon approach of emergency vehicles. (a) Upon the approach of any vehicle listed in subsection (a) of section 21-16, which is giving audible signal by siren, exhaust whistle or air horn designed to give automatically intermittent signals, and which is displaying a flashing, blinking or alternating red emergency light or lights as provided in section 21-150, the driver of every other vehicle shall imediately drive his vehicle to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection of highways, and shall stop and remain in such position, unless otherwise directed by a police or traffic officer, until such vehicle shall have passed. This provision shall not operate to relieve the driver of any such vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way. (b) Violation of this section shall constitute failure to yield the right-of-way. Adopted by the Council of the City of Virginia Beach, Virginia, on the 30th day of September 198 5. RMB/rab 9/11/85 (D) AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-312 OF THE CODE OF THE CITY VIRGINIA BEACH, VIRGINIA, PERTAINING TO SPECIFIC INSTANCES OF RECKLESS DRIVING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA: That Section 21-312 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 21-312. Specific instances of reckless driving - Generally. A person shall be guilty of reckless driving who shall: (1) Drive a vehicle when not under proper control or with inadequate or improperly adjusted brakes upon any highway of this city; (2) While driving a vehicle, overtake and pass another vehicle proceeding in the same direction, upon or approaching the crest of a grade or upon or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two (2) or more designated lanes of roadway for each direction of travel or on a designated one-way street or highway; (3) Drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle; (4) Pass or attempt to pass two (2) other vehicles abreast, moving in the same direction, except on highways having separate roadways of three (3) or more lanes for each direction of travel, or on designated one-way streets or highways; however, this subsection shall not apply to a motor vehicle passing two other vehicles, in accordance with provisions of this chapter, when one or both of such other vehicles is a bicycle or moped; nor shall this subsection apply to a bicycle or moped passing two other vehicles in accordance with the provisions of this chapter; (5) Drive any motor vehicle, including any motorcycle, so as to be 4n-and-paraile4-to abreast of another vehicle in a lane designed for one vehicle, or drive any motor vehicle, including any motorcycle, so as to travel paraliel-to abreast of any other vehicle traveling in a lane designed for one vehicle; provided, however, this subsection shall not apply to any validly authorized parade, motorcade or motorcycle escort; nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle or moped; (6) Overtake or pass any other vehicle proceeding in the same direction at any steam, diesel or electric railway grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two (2) or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone pursuant to the provisions of sections 46.1-173 and 46.1-205 of the Code of Virginia or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted to do so by a traffic light or police officers; (7) Fail to stop, when approaching from any direction, a school bus, whether publicly or privately owned, which is stopped on any highway or school driveway for the purpose of taking on or discharging children, elderly, mentally or physically handicapped persons, and to remain stopped until all children, elderly, mentally or physically handicapped persons, are clear of the highway or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop upon approaching a school bus when such school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when such other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need -2- not stop upon approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if such driver is directed by a police officer or other duly authorized uniformed school crossing guard to pass such school bus. This subsection shall apply to school buses which are equipped with warning devices prescribed in section 46.1-287 of the Code of Virginia and are painted yellow with the words "School Bus, Stop, State Law" in black letters at least six (6) inches high on the front and rear thereof. If space is limited on the front, the words "School Bus" may be in letters at least four (4) inches high. This subsection shall also apply to school buses which are equipped with warning devices as prescribed in section 21-111 and which are painted yellow with the words "School Bus" in black letters at least eight (8) inches high on the front and rear thereof. Only school buses as defined in section 21-2 which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses; (8) Fail to give adequate and timely signals of intention to turn, partly turn, slow down or stop, as required by section 21-237; (9) Exceed a reasonable speed under the circumstances and traffic conditions existing at the time regardless of any posted speed limit; (10) Drive a motor vehicle upon the highways of this city at a speed of twenty (20) or more miles per hour in excess of the applicable maximum speed limits prescribed in paragraphs (1), (2), (3) and (5) of subsection (a) of section 21-317 or in excess of eighty (80) miles per hour regardless of the posted speed limit; (11) Fail to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching upon such highway within five hundred (500) feet of such point of entrance, unless a "yield right-of-way" sign is posted; or where such sign is posted, fail, upon entering such -3- highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction; or (12) Drive or operate any automobile or other motor vehicle upon any driveway or premises of a church, or school, or of any recreational facilities or of any business property open to the public, or on the premises of any industrial establishment providing parking space for customers, patrons or employees, or upon any highway under construction or not yet open to the public, recklessly or at a speed or in a manner so as to endanger the life, limb or property of any person. Adopted this 30th day of September 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da B.1 9/12/85 -4- AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-322 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO EXEMPTIONS FROM SPEED LIMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-322 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 21-322. Exemptions from speed limits. (a) The speed limitations set forth in this chapter shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law, or of persons charged with or suspected of any such violations, or in response to emergency calls, or in testing the accuracy of speedometers on police vehicles, or in testing the accuracy of the radio microwave or other electrical devices specified in section 21-323 nor to fire department vehicles when traveling in response to an emergency call, nor to ambulances and rescue vehicles when traveling in response to emergencies, nor to regional detention center vehicles. (b) These exemptions, granted by this section to a moving vehicle, shall apply only when the operator of such vehicle displays a flashing, blinking or alternating red emergency light or lights as provided in section 21-150, and sounds a siren, bell, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and, only when there is in force and effect for such vehicle either (i) a standard automobile liability insurance covering injury or death to any one person in the sum of at least one hundred thousand dollars ($100,000.00) in any one accident, and subject to the limit for one person, to a limit of three hundred thousand dollars ($300,000.00) because of bodily injury to or death of two (2) or more persons in any one accident, and to a limit of ten thousand dollars ($10,000.00) because of injury .r, or rlestruction of property of others in any one accident or (ii) a certificate of self-insurance issued pursuant to section 46.1-395 of the Code of Virginia. (c) The exemptions granted by this section shall not protect the operator of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the safety of persons and property. Nothing in this section shall be construed to release the operator of any such vehicle from civil liability for failure to use reasonable care in such operation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 30th day of September 1985. RMB/rab 9/11/85 (D) AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-337(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE ANALYSIS OF BREATH TO DETERMINE ALCOHOLIC CONTENT OF BLOOD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-337(a) of the Code of the City of Virginia Beach, Virginia, pertaining to the analysis of breath to determine alcoholic content of blood is hereby amended and reordained to read as follows: Sec. 21-337. Analysis of breath to determine alcoholic content of blood. (a) Any person who is suspected of a violation of section 21-336 shall be entitled, if the equipment referred to in subsection (b) below is available, to have his breath analyzed to determine the probable alcoholic content of his blood. Such person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such breath may be analyzed by any police officer of the city in the normal discharge of his duties. Adopted this 30th day of September 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da c 9/1 2/8 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 38-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE CARRYING OF CONCEALED WEAPONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-1 of the Code of the City of Virginia Beach, Virginia, pertaininq to the carrying of concealed weapons, is hereby amended and reordained to read as follows: Section 38-1. Carrying concealed weapons. (a) If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind, or (ii) dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks, blackjack, or any weapon of like kind, or (iii) nun chahka or any other similar flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which instrument may also be known as a "nunchuck" or "nunchaku," shuriken, fighting chain or any weapon of like kind, or (iv) any disc, of whatever configuration, having at least two (2) points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or (v) any weapon of like kind as those enumerated in this section, he shall be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge. For the purposes of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. (b) This section shall not apply to any person carrying a concealed weapon in accord with permission granted by a circuit court pursuant to section 18.2-308 of the Code of Virginia. (c) This section shall not apply to any person while in his own place of abode or the curtilage thereof or to any police officers, sergeants, sheriffs, deputy sheriffs, or regular game wardens appointed pursuant to Chapter 3 of Title 29 of the Code of Virginia. (d) This section shall not apply to any of the following individuals while in the discharge of their official duties: (1) Carriers of the United States mail in rural districts. (2) Officers or guards of any state correctional institution. (3) Noncustodial employees of the state department of corrections designated to carry weapons by the secretary of public safety or the director of the state department of corrections pursuant to section 53-39 of the Code of Virginia. (4) Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon unless a permit is obtained pursuant to section 18.2-308 of the Code of Virginia: a. Notaries public. b. Registrars. c. Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire. Adopted this 30th day of September 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da c 9/1 2/8 5 -2- - 38 - Item II-M.6 CONSENT AGENDA ITEM # 24258 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following: Ordinance to authorize acquisition of property in fee simple for right-of-way for Old Carolina Road, Rural Road Demonstration Project and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. 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: No-,ie Council Members Absent: None AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR OLD CAROLINA ROAD, RURAL ROAD DEMONSTRATION PROJECT AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled, "R/W IMPROVEMENTS FOR OLD CAROLINA ROAD CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION,,, these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 30th day of September 19 85 APPROV CONTENF JAR/rab E 9/9/85 (9) ENT I/A@ -Iv d3 -j - 39 - Item II-M. 7 CONSENT AGENDA ITEM # 24259 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinances upon SECOND RRANING: Accept and appropriate $6,306,290 for City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1985-86; Appropriate $1,895,309 for the FY 1985-86 School Textbook Rental Fund Budget. Appropriate $8,538,291 for the FY 1985-86 School Cafeteria Enterprise Fund budget. 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 Se tember 30 1 AN OPDINANCE TO APPROPRIATE FUNDS OF $6,306,290 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1985-86 WHEREAS, the Virginia Beach School Board lias been notified that it will receive funds of $6,306,290 through special state and federal categorical grants for the school year 1985-86, and WHEREAS, these funds were not included in the FY 1985-86 School Operating Budget approved by City Council, and WREREAS, the School Board at its meeting on August 20, 1985 approved this funding and requests that City Council appropriate these funds, and WHEREAS, it is desirable and necessary for City Council to appropriate these funds prior to the expenditure thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $6,306,290 are hereby appropriated for school purposes for FY 1985-86 under the auspices of the following grants: Grant Source Amount Pay-for-Performance State $ 65,522 Remedial Education State 200,000 Chapter I, P.L.97-35 Federal 3,950,605 Chapter 1, Special Projects Federal 87,720 Chapter II, P.L. 97-35 Federal 361,209 Title VI-B, P.L. 94-142 Federal 1,611,166 Title VI-C, P.L. 94-142 Federal 3,621 Title VI-C, P.L. 89-313 Federal 3,695 Transition Program for Refugee Children, P.L. 96-212 Federal 10,752 Adult Basic Education, P.L. 91-230 Federal 12,000 Total Categorical Grants $ 6,306 2@90 BE IT FURTRER ORDAINED that this appropriation will be financed by $265,522 estimated revenue from the Commonwealth and $6,040,768 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. This ordinance shall be effective for the fiscal year beginning July 1, 1985. Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of September 1985. Public Hearing: September 16, 1985 First Reading: September 16, 1985 September 30, 1985 Second Reading: AN ORDINANCE TO APPROPRIATE FUNDS OF $1,895,309 FOR THE FY 1985-86 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Reach School Board has a textbook rental plan whereby rental income is deposited in a textbook ren- tal fund and purchases of textbooks and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1985-86 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget approved by the School Board on August 20, 1985 included total revenues of $1,895,309 and total disbursements of $1,895,309 for fiscal year 1985-86. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $1,895,309 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board in its meeting of August 20, 1985. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $1,895,309 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adop- tion. Adopted by the Council of the City of Virginia on the 30 day of September 1985. PUBLIC HEARING: September 16, 1985 FIRST READING: September 16, 1985 September 30, 1985 SECOND READING: RATS 18/ORD2 APPROVED AS TO CONTENT T AN ORDINANCE TO APPROPRIATE FUNDS OF $8,538,291 FOR THE FY 1985-86 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the sale of cafeteria meals require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeteria enter- prise fund and purchases of food and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enter- prise Fund budget for FY 1985-86 in order to comply with the Attorney General's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board on July 16, 1985 included total revenues of $8,538i291 and total disbursements of $8,538,291 for fiscal year 1985-86. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $8,538,291 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board in its meeting of July 16, 1985. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $8,538,291 in the Cafeteria Enterprise Fund. This ordinance shall be effective from the date of its adop- tion. Adopted by ttie Council of the City of Virginia on the 30 day of September 1985. PUBLIC HEARING: September 16, 1985 FIRST READT.NC: September 16, 1985 SECOND READING: Septeinber 30, 1985 RATS 18/ORD1 APPP,OVED AS TO CONTENT @IE - 40 - Item II-M.8 CONSENT AGENDA ITEM # 24260 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED the following Ordinance: Ordinance, upon FIRST READING, to appropriate $47,567 for consultant services for the Hampton Roads Regional Automated Fingerprint Identification System. 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 z z 0 AN ORDINANCE TO APPROPRIATE $47,567 z FOR CONSULTANT SERVICES FOR THE 0 HAMPTON ROADS REGIONAL AUTOMATED < FINGERPRINT IDENTIFICATION SYSTEM < > 0 WHEREAS, the police chiefs of Chesapeake, Hampton, James City County, Newport News, Norfolk, Portsmouth, Suffolk, Williamsburg, and Virginia Beach have formed the Hampton Roads Regional Automated Fingerprint Identification System Project to develop and operate a regional automated fingerprint identification system, and WHEREAS, the expenses of the project are to be shared on a per capita basis with Virginia Beach acting as the managing agent, and WHEREAS, prior to implementation of the system, the regional members desire to employ a consultant to make system and equipment recommendations, and WHEREAS, the cost of consulting services is $47,567 with Virginia Beach's share at $11,367 and the remaining $36,200 to be paid by the other members of the Hampton Roads Automated Fingerprint Identification System Project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $47,567 is hereby appropriated for consulting services for the automated fingerprint identification system. BE IT FUTHER ORDAINED that the consulting services be funded by a $36,200 increase in estimated revenues from members of the project and by an $11,367 transfer from General Fund Reserve for Contingencies. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1985. FIRST READING: Seiptember 30, 1985 SECOND READING: CAC/1 ORD17 - 41 - Item II-M.9 CONSENT AGENDA ITEM # 24261 Upon motion by Councibnan Baum, seconded by Councilman Jennings, City Council APFROVFD the following Ordinance: Ordinance, upon FIRST READING, to appropriate $14,000 for the Shakespeare Festival Program. 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 z 0 AN ORDINANCE TO APPROPRIATE 0 7- FUNDS OF $14,000 FOR THE SHAKESPEARE FESTIVAL PROGRAM 0 WHEREAS, the Department of Parks and Recreation has pro- vided a Shakespeare Festival Program frorn August 16th through August 30, and WHEREAS, the Virginia Beach Public Schools has requested that the department provide seven additional performances of Twelfth Night at the Pavilion Theatre for Virginia Beach Students from September 30th through October 4th, and WHEREAS, the additional performances are estimated to cost $14,000 and the School Administration is willing to pay this amount for these services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $14,000 be appropriated to the Department of Parks and Recreation for the addi- tional performances of the Shakespeare Festival Program and that local miscellaneous revenues be increased by $14,000 to offset the additional appropriation. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1985. FIRST READING: Seiptember 30, 1985 SECOND READING: CAC/I ORD16 - 42 - Item II-M.10 CONSENT AGENDA ITEM # 24262 Upon motion by Councihmn Baum, seconded by Councilman Jennings, City Council APPROVED the following Ordinance: Ordinance, upon FIRST READING, to accept and appropriate grants from the Southeastern Virginia Areawide Model Program (SEVAMP), ($1,238 for the Department of Health; $44,480 for the Department of Mental Health and Mental Retardation). 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 September 30, 1985 z F- 0 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) REAS, the City of Virginia Beach has determined a need to continue providing health related services to its elderly population, and WHEREAS, the Federal government through the Older Americans Act makes funds available through the Southeastern Virginia Areawide Model Program, Inc., (SEVAMP) for such programs, and WHEREAS, the Department of Health has determined a need to continue the SEVAMP Home Health Nurse Project for health education and screening, and WHEREAS, the Department of Mental Health and Mental Retardation (MH/MR) has determined the need to provide homemaker and personal care through Community Mental Health plus geriatric daycare through the Center for Leisure Activities, and WHEREAS, SEVAMP Senior Services has awarded the Department of Health $42,238.00 and the Department of MH/MR $44,480.00 to provide their above respec- tive services, and WHEREAS, City Council has already included $41,000.00 for the Department of Health in the FY 1985-86 operating budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to accept the grants for the City, and to appropriate $1,238.00 for the Department of Health and $44,480.00 for the Department of Mental Health and Mental Retardation. BE IT FURTHER ORDAINED that personnel positions as necessary are hereby authorized for the duration of the grants to be paid from the grants with classes of the employees to be determined by the City Manager. FIRST READING: September 30, 1985 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1 1985. - 43 - Item II-M.11 CONSENT AGENDA ITEM # 24263 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED the following Ordinance: Ordinance, upon FIRST READING, to appropriate $6,054,011 for Fiscal Year 1986 for the payment of purchase orders brought forward from Fiscal Year 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Gouncil Members Absent: None O@ AN ORDINANCE TO APPROPRIATE $6,054,011 FOR FISCAL YEAR 1986 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1985 EREAS, during the course of business in fiscal year 1985, purchase orders or contracts were issued committing the City to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1985 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1985 there were purchase orders or c,,ntracts totaling $6,054,011 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA BEACH, that the funds totaling $6,054,011 unexpended and represented by purchase orders outstanding on June 30, 1985 be reappropriated as additions to fiscal 1986 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $3,064,024 Water and Sewer 835,068 Law Library 314 Tidewater Virginia ASAP 14,029 Pendleton Child Service Center 62,226 School Operating 2,078,350 Total Outstanding $6,054,011 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1985. FIRST READING: R,pt,,h,, In- lqrq SECOND READING: - 44 - Item II-M.12 CONSENT AGENDA ITEM # 24264 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance to transfer $17,000 from reserve for contingencies for Project #3-953 Police Weapons Raage to pay for design services. 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 1- z 1- z 0 z 0 AN ORDINANCE TO TRANSFER $17,000 FROM RESERVE FOR CONTINGENCIES TO PROJECT #3-953 POLICE WEAPONS > RANGE TO PAY FOR DESIGN SERVICES 0 WHEREAS, due to the start of development of the surround- ing area, the Police Department has expressed an urgent need for a capital project to reorient the police training and pistol range, for safety considerations, and WHEREAS, the city has obtained a fee proposal in the amount of $17,000 for the design of the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #3-953 Police Weapons Range is hereby established as a capital project and that funds in the amount of $17,000 is transferred from General Fund Reserve for Contingencies to project #3-953 to provide for the design of the project. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 30th day of September 1985. CAC/1 ORD18 - 45 - Item II-M.13 CONSENT AGENDA ITEM # 24265 Upon motion by Councilmn Baum, seconded by Counciman Jennings, City Council ADOPTED the following Ordinance: Ordinance to transfer $36,390 from reserve for contingencies to General Services for administration of the Francis Land House. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 30, 1985 AN ORDINAICE TO TRANSFER $36,390 FROM RESERVE FOR CONTINGENCIES TO GENERAL SERVICES FOR ADMINISTRATION OF THE FRANCIS LAND HOUSE WHEREAS, on August 27, 1984 Council adopted an ordinance creating the Frances Land House Board of Governors which is responsible for making recommendations to the city council on all places of the planning, policy and management of the Francis Land House, and WHEREAS, the Board has approval recommended uses for the House including its use as a showplace for the entertainment of Council's guests and as a historical site with public tours conducted by guides, and WHEREAS, the Board of Governors, along with city staff, has developed an operating budget for administration of the House, and WHEREAS, the operation of the Francis Land House from November 1, 1985 to June 30, 1986 is expected to cost $36,390 and includes one full-time and three part-time positions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $36,390 is hereby transferred from General Fund Reserve for Contingencies to the General Services Department for the administration of the Francis Land House. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 30th day of September 1985. CAC/3 ORDI - 46 - Item II-M.14 ITEM # 24266 CONSENT AGENDA Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance to transfer $60,258 of Capital Project Funds to establish Project #6-957 Bellamy Woods Sewer for cost participation agreement with Bellamy Woods Associates. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jeniiings, 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 Council Members Abstaining: Nancy A. Creech September 30, 1985 z z AN ORDINANCE TO TRANSFER $60,258 0 u OF CAPITAL PROJECT FUNDS TO ESTABLISH 0 PROJECT #6-957 BELLAMY WOODS SEWER FOR A COST PARTICIPATION AGREEMENT WITH BELLAMY WOODS ASSOCIATES 0 0: CL WHEREAS, Bellamy Woods Associates is desirous of developing land locat the Bellamy Woods Subdivision in the Kempsville Borough in accor- dance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into a cost participation agree- ment requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide sewer services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $60,258 for sewer improvements with such costs to be charged to a new sewer capital project and with funds to be transferred from project #6-316 Various Sewer Projects, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #6-957 Bellamy Woods Sewer is hereby established as a capital project and that $60,258 is transferred from project #6-316 Various Sewer Projects to cover the city's share of the cost par- ticipation agreement. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed to execute the cost participation agreement with Bellamy Woods Associates for construction of sewer facilities. Said proposed agreement is hereby attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 30th September 85 day of 19 KAR/13 ORD26 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this 2nd- day of August 1985, by and between BELLAMY WOODS ASSOCIATES hereinafter referred to as "Owner', and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the 'City'. WHEREAS, Owner is seized in fee simple of the property known as Subdivision of Bellamy Woods as described in that certain deed and plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2333, at, page 2079 and Map Book 174, at page 32;1'and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for ov7nor to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project and WHEREAS, such construction is of value to the City in pro- viding service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the 'System') according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2 The City shall make cash payment to Owner in the amount of $-60,257.70 after successful completion of the System and acceptance thereof by the City in accordance with Exhibit A. 3. The City shall have the right at any time to make, con- nect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve per- sons within and without the Project limits. 4. Upon successful completion of tbe System and acceptance thereof by the City, Owner hereby agrees that tbe System, includ- ing but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the Systefn. In the event any claim is made against the City, either inde- pendently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be bind- ing upon the parties hereto and their respective heirs, succes- sors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Clerk of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By (City ana(er) DATE ATTEST: (SEAL) City Cler BELLAMY WOODS ASS6ClATES, a Virginia general partnership By: Urban Associates-Four, a Virginia general partnership, General Partner By: Carolanne East Corporation, a Virginia corporation, General Partner AL) APPROVED AS TO CONTENTS: 1) ies APPROVED AS TO FORM: C y Attg.-.ey", Of f@@@ CERTIFIED AS TO AVAILABILITY OF FUNDS: Depar ment of Finance STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, Mary L. West, a Notary Public in and for the City and State aforesaid, do hereby certity that Stanley Waranch and Seeman Waranch, President and Secretary, respectively, of Carolanne East Corporation, a Virginia corporation and General Partner ot Urban Associates-Four, a Virginia genvral partnership and a General Partner of Bellamy Woods Associates, a Virginia general partnership, have acknowledged the same before me in my City and State aforesaid. Given under my hand this 2nd day of August, 1985. Notary dpubllc My Commission Expires: February 7, 1988 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1 1985. Notary Public My Commission Expires: EXHIBIT A C. G,.g.,y Joh.,o., P.E ENGINEERING ASSOCIATES A Site Engineering and Planning June 14, 1985 Mr. Jeffery Waller, P.E. Civil Engineer Department of Public Utillities Municipal Center '-ginia Beach, Virginia 23456 ite: City Cost Participation - Bellamy Woods Sewerage Facilities Dear Mr. Waller: We enclose herewith our cost estimates relating to the City's participation in the cost of constructing the Bellamy Woods sewage pump station, force main and grovity sewer line, including the extension of sewer lines to serve property not within the boundary of the Bellamy Woods Subdivision as requested by the City. This proposal replaces the proposal which we sent you on August 2, 1984, since the previous submittal was based on estimated costs and this revised estimate is based on actual costs. Accordingly, the City's share of the cost of the pumping station and force main is $22,409.00 and of the gravity sewer system is $37,848.70 for a total of $60,257.70. Since all of this work has been completed and approved by the City, we should appreciate your taking the necessary action to enable the City to make prompt payment to Bellamy Woods Associates in the amount of $60,257.70. Yours very truly, CGJ/bs Enclosure cc: Mr. Stanley Waranch ESTIMATE FOR BELLAMY WOODS INCLUDING THE OFF-SITE AREAS 1. B" ESVC (0-6) - 810' @ $18.40/FT $ 14,904.00 (6-8) - 1446' @ $18.40/FT 26,606.40 (8-10) - 610' @ $20.00/FT 1 2 , 2 0 0 . 00 (10-12) - 155' @ $22.00/FT 3,410.00 2 . 8" D.I. (0-6) - 2 3 2 1 @ $27.50/FT 6 , 3 8 0 . 0 0 (6-8) - 55' @ $27.50/FT 1,512.50 (8-10) - 230 ' @ $27.50/FT 6, 32 5 . 00 (10-12) - 312' @ $30.00/FT 9,360.00 (12-14) - 404' @ $30.00/FT 12,120.00 3. 10" D.I. (12-14) - 674- @ $46.00/FT 31,004.00 Subtotal $123,821.90 4. San. Manholes (0-6) - 6 @ $1,000.00/EA $ 6,000.00 (6-8) - 6 @ $1,400.00/EA 8,400.00 (8-10) - I @ $1,800.00/EA 1,800.00 (10-12) - I @ $2,200.00/EA 2,200.00 (12-14) - 7 @ $2,600.00/EA 18,200.00 Subtotal $ 36,600.00 Total Sewer $160,421.90 ESTIMATE FOR BELLAMY WOODS WITHOUT CONSIDERATION FOR OFF-SITE AREAS 1. 8" ESVC (0-6) - 2142' @ $18.40/FT $ 39,412.80 (6-8) - 961' @ $18.40/FT 17,682.40 (8-10) - 160' @ $20.00/FT 3,200.00 (10-12) - 154' @ $22.00/FT 3,388.00 2. 8" D.I. (0-6) ' - 54' @ $27.50/FT 1,485.00 (6-8) - 54' @ $27.50/FT 1,485.00 (10-12) - 72' @ $30.00/FT 2,160.00 3. 10" D.I. (10-12) - 674- @ $40.00/FT 26,960.00 Subtotal $ 95,773.20 4. San. Manholes (0-6) - 9 @ $1,000.00/EA $ 9,000.00 (6-8) - 3 @ $1,400.00/EA 4,200.00 (10-12) - 5 @ $2,200.00/EA 11,000.00 (12-14) - I @ $2,600.00/EA 2,600.00 Subtotal $ 26,800.00 Total Sewer $122,573.20 OOST 'IE F'OR BEUAMY WOODS PU4PING SRATION AS PER APPROVED PLANS Dewatering LS $ 1,300.00 Excavation 430 CY @ $65.00/CY $27,91/20.00 Carierete 95 CY @ $110.00/cy $10,450-00 Fornis 2600 SF @ $4.00/SF $10,400.00 Rebar 6 Tons @ $710.00/Ton $ 4,380.00 Misc. Fab. is $ 5,000.00 Masonary LS $ 6,000.00 C,arpentry is $ 3,000.00 E3.ectric Fans & Cont-rols LS $ 9,000.00 @s LS $16,000.00 Pipe LS $ 6,000.00 SUMP PUW LS $ 1,200.00 Alarm TrarLs LS $ 2,700.00 Site Work & Planting IS -$ 1,600.00 $104,980.00 Based upon wll size of 12' X 12' 22' Deep 896' of 8" Force @in @ $17.00/Ft $ 15)232.00 Grand Total $120,212.00 COST BENEFIT ANALYSIS BELLAMY WOODS SEWER COST PARTICIPATION AG (E 11-12) Sewer City cost per agreeuent $60,257.70 AssuTptions 1. maintenance of 1 additional p@ station and 16001 of force wain for a 30-year period Annual maintenance cost currently $357/10001 pipe Annual niaintenance cost c=ently $7447/purp station Maintenance cost increase 5% per year TiHe value of mney 10% per year 2. Revenue frorn pro rata plrrp station fees will be r@zed in t@ years Maintenance cost savings will begin in two years. 3. Present value of an annuity PV (1+i)n -1] i (1+i)n A where n = 28 years 1.10 1 4.76% 1 m @05 - PV = 15.29A Revenue from pro rata punp station fees 136.6 gpm 136.6 gprn x $230/gprn $31,418 -2 FV = (1.10) ($31,418) $25,965.29 Cost saving Maintenance cost -2 PV (Pump station) = (1.10) (1)($7447)(15.29) FV = $94,103.00 -2 PV (Force mains) = (1.10 16001)($357/10001)(15.29) PV = $7,217.89 Total PV of niaintenance cost savixigs = $101,320.89 Total PV of naintenance costs savings and fee revenue $101,320.89 + $25,965.29 $127,286.18 Net saving to City (se@ $67,028.48 JSW:mc (E 11-12) 8/14/85 COS'r ESNMAIE F'OR BELLAMY WOC)DS @IbE SRATION BELL46MY WOODS DEVELO ONLY Dewaterir)g TS $ 1,200.00 Excavation 325 CY @ $65.00/CY $21,12!5.00 Concrete 60 CY @ $110.00/CY $6,600.00 Fornis 2070 SF @ $4.00/SF $8,280.00 Rebar 5 Tons @ $730.00/Tcyn $3,650.00 F&sc. Fab. LS $5,000.00 Masor&ary LS $6,000.00 ry LS $3,000.00 Electric Fans & Cc)ntrols Ls $8,000.00 is $12,000.00 Pipe L'3 $5,800.00 S-P NW LS $1,200.00 Alarm Trans. LS $2,700.00 Site Work & Planting . LS -$ 1,600.00 $86,155.00 Based upon well size of 101 X 101 211 Deep 896'- 611 Force @in @ $13.00/Ft @111648.00_ Crand Total $97,803.00 - 47 - Item II-M.15 CONSENT AGENDA ITEM # 24267 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED the following Ordinance: Ordinance to transfer $271,511 of Capital Project Funds to establish Project #6-958 Landstown Lakes Sewer for a cost participation agreement with R.G. Moore Building Corporation. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., 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 Council Members Abstaining: Nancy A. Creech, and Louis R. Jones September 30, 1985 z AN ORDINANCE TO TRANSFER $271,511 0 OF CAPITAL PROJECT FUNDS TO ESTABLISH PROJECT #6-958 LANDSTOWN LAKES SEWER FOR A COST PARTICIPATION AGREEMENT WITH R.G. MOORE BUILDING CORPORATION WHEREAS, R. G. Moore Building Corporation is desirous of developing lan ocate in the Landstown Lakes Subdivision in the Kempsville Borough in accordance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into a cost participation agree- ment requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide sewer services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $271,511 for sewer improvements with such costs to be charged to a new sewer capital project and with funds to be transferred from project #6-316 Various Sewer Projects, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that project #6-958 Landstown Lakes Sewer is hereby established as a capital project and that $271,511 is transferred from project #6-316 Various Sewer Projects to cover the city's share of the cost participation agreement. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed to execute the cost participation agreement with R. G. Moore Building Corporation for construction of sewer facilities. Said proposed agreement is hereby attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 30th day of September 19 85 KAR/13 ORD25 CITY OF VIRGINIA BEACH DEPART'.tLW OF RMLIC UTILITIES ODST PARTICIPATION A SEVEyt) ,niIS AGRMGM, Vade this 8th day of Auqust 19 85 . by and bLtween R. G. Moore Building Corp. hereinafter referred to as "Owner", and the CITY oF VIRGI-NTA BEACH, VIRGT4TA, hereinafter referred to as the "City". eiHe- Owner is seized in fee simple of and Owner is desirous of improving the proj@t in accordance with the te@ and conditions of the City or-dii3ances and agrees to conform tO said ordinances; and in order for Owner to provide sewer service to this Project, it is nec--ssary for Owoer to construct certain sewer facilities; and the City has requested that such construction be 6'reater iri scope than is necessary to provide service to this Project and !V=43, such construction is of value to the City in providing service to custotners other than those within the Project limits; ,NOW, ORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "Systed') according to plans and specifications approved by the Department of Public Utilities, a COPY of wtiich is on file with the Department. 2. The City shall make cash payment to Owner in the amount of $ after -uccessful @-pletion of the System acceptance tiereof by the CitY in accordance with ExMbit A. 3. The CitY shall have the right at any time to mke, connect, or permit the connection of any other -wer facility to the.System- Any -cb connection may be at a.ny point, and the City shall have the right at anY time to -e the System to serve persons within and without the Project limits. 4. Upon successful ccmpletion of the System and acceptance thereof by the City, Owner hereby ag-es that the System. including but not limited tO sewer connections, sewer mains, laterals, pipes, and all other facilities. shall be dee-A dLdicated to tbe City of Virginia Beach as of tbe date of the City's.writ.ten acceptance thereof. 5. Ow-ner shall indemrlify and bold the City harmless' from any -d all liability of %tiatever nature arising out of the design, appraval. coustruction, and/or installation of the System. In the event any claim is made against the City, eitber independently or jointly with O-er, lessee, or purchaser on account bereof, the Owner at its sole cost shall defend the City against such claims- 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective beirs, successors, and assigas- 7. Upon execution of this Agr@nt, it shaii be recorded bY the City in the Clerk's office of the Circuit Court of the City of Virginia Beach, at Owner's expense. 2 IN WIT,,TES@- %IUTZOF, the parties hereto have executed and sealed this agreament as of the day and year first above written. CITY OF VIRGINIA BF-ACH, VIRGINIA BY City 'Jaaager D.ATE Ai-rEST: (SE-4,L) City Clerk By R. G. Moore Piesident D.4,TE gzsziy A"rf EST: r,\ n (SF.AL) @r6t5ry APPRO'V7ED AS TO 'TS: @ f iv@ Depa,ftdVt of Public Utilities APPROVED AS TO F'OR:d: City-At t@ ney CERTIFIF-D .43 TO AVAIT-KBILITY OF FUI;DS: E--p--rt,-@nt of Finance ,rATE OF virqinia Cjry OF Virginia Beach J, Peggy C. Martin a Notary Public in and for tbe City a-nd State aforesaid, do hereby certify that R. G. Moore and Frances Rae bioore President and Secretary, respectively, of R. G. Moore Building Corp. whose rmmes am signed to the writing above, @ring date of 8/8/85 bave ac@owl@ed the before me in my City aad State aforesaid. Given under my @d this 8th day of AUgUSt 1985. My Commission F-xpires 4/13/@7 U LX40ary Public STATE OF VRRGI.IIIA C17Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acuowledged before me and Ruth Hodges Smith, the City Uanager and City Clerk, respectively, of the City of Virginia Beach, this day of 1985. Notary I>ublic My Cormission F-xpires: COST BENEF'IT ANALYSIS LANDSTOWN LAKES SEWER COST PARTICIPATION Sewer City oost per agreeffent $271,510.52 Assunptions 1. Mainterianoe of 2 additional purrp statims and 68001 of foroe MeLin for a 30-year period Annual maintenance oost currently $335/1000' pipe Annual maintenanoe oost currently $7896/punp station Maintenance oc)st increase 5% per year Tine value of money 10% per year 2. Revenue from pro rata punp station fees will be rea-lized in t@ years @tenance cost savings wi.11 begin in two years 3. Present value of an annuity PV (I+i)n-l A i (J+i)n where n = 28 years i = "10 - I = 4.76% 1.05 FV = 15.29A Revenue from pro rata purp station fees 569 %o x $230/gpm $130,870.00 -2 PV = (1.10) ($130,870) $108,157.02 Cost saving Maintenance cost -2 PV (PLirp Stations) = (1.10) (2)($7896)(15.29) PV = $199,553.45 PV ( @ce mains) = (1.10)- 2(6800')($335/1000')(15.29) FV = $28,785.64 Total PV of rriaintenance cost savings = $228,339.09 Thtal PV of rraintenance costs savings and fee revenues $228,339.09 + $108,157.02 = $336,496.11 Net saving to city (se@) = $64,985.59 JSW:rr,c (H 13-1) - 48 - Item II-M.16 CONSENT AGENDA ITEM # 24268 Uppon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance to transfer $58,672 of Capital Project Funds to establish a sewer project #6-960 Qttail Point Cove for a cost participation agreement with D.W. Bell, Inc. 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: None Council Members Abstaining: Nancy A. Creech z v- z 0 AN ORDINANCE TO TRANSFER $58,672 z OF CAPITAL PROJECT FUNDS TO ESTABLISH SEWER PROJECT #6-960 QUAIL POINT COVE A FOR A PARTICIPATION AGREEMENT WITH D.W. BELL, INCORPORATED 0 CL a Ag, Incorporated is desirous of developing land located in the Quail Point Cove Subdivision in the Lynnhaven Borough in accor- dance with the terms and conditions of the city ordinances, and WHERFAS, the city desires to enter into a cost participation agree- ment requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide sewer services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $58,672 for sewer improvements with such costs to be charged to a new sewer capital project and with funds to be transferred from project #6-316 Various Sewer Projects, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that project #6-960 Quail Point Cove Sewer is hereby established as a capital project and that $58,672 is transferred from project #6-316 Various Sewer Projects to cover the city's share of the cost participation agreement. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed to execute the cost participation agreement with D.W. Bell, Incorporated for construction of sewer facilities. Said proposed agreement is hereby attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 30 day of September 19 85 KAR/13 ORD27 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (WATER) THIS AGREEMENT, Made this day of June 1985, by and between p-W g,.l I , Tn, - herein- after referred to as 'Owner', and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the 'City'. WHEREAS, Owner is seized in fee simple of 33.36 acres of land Known @,s Quail Point Cove Subdivsion and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide water service to this Project, it is necessary for Owne=- ',-o cons-'ruct ceztain i.;ater facilities; and WHErF@l, 11-hc.- Ci-y has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in provid- ing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system (hereinafter the 'System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of ($)Twelve Hundred Dollars($1200.00)after Successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3. The City shall have the right at any time to make, con- nect, or permit the connection of any otber water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve per- sons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, includ- ing but not limited to water connections, water mains, valves, fittings, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system. In the event any claim is made against the City, either independ- ently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be bind- ing upon the parties hereto and their respective heirs, suc- cessors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. STATE OF CITY OF J, @ C. it ;Cft%6 a Notary Public in and for the City and State aforesaid, do hereby certify that 3).Lj- &-// and President and Secretary, respectively, of D. whose names are signed to the writing above, bearing date of 17-1 - @ have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of @/t, 1985. My Commission Expires Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1985. Notary Public My Commission Expires: 3/27/85 mc IN WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By (City Manager) DATE ATTEST: (SEAL) City Clerk By President, D.W. Bell, Inc. DATE s ATTEST: (SEAL) Secretary APPROVED AS TO CONTENTS: D@@ment of Public Utilities APPROVED AS TO FORM: City At@ney@Of CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Finance COST BENEFIT @YSIS QUAIL POINR WATER COST PARTICIPATION (J 6-34) Wmter City's odst per agreen'ent $1,200.00 City's cost savings 8 - water taps - City installed within 1 year at $250/Ea-$2,000.00 Net savings to City $800.00 JSW:rrc (J 6-34) 8/13/85 OFF-SITE BENEFIT AREA FOR WATER COST PARTICIPATIO] JSW:mc @S-) (i 6-34) 8/13/ ginia Beach Generat OFF-SITE BENEFIT AREA FLOR WATM ODST PARTICIPATION QUAIL POD [SNEW soul RAII D BLVO CITY OF VIRGINIA BEAOI DEPAR OF PUBLIC UTILITIES ODST PARTICIPATION AGREEMIENT (SEWER & PU14P STATION) THIS A Made this day of June 198 5 by and between D.W. Bell, Inc. hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEAOI, VIRGINIA, hereinafter referred to as the "City". , Owner is seized in fee simple of 33. 36 acres @f land known as Ouail Point Cove Subdivisit@n am WHEREAS, Owner is desirous of improving the Projqct in accordance with the terms and conditions of the City ordinances and agrees 'to conform to said ordinances; and WHEREAS, in order for Owwr to provide sewer service to this Projert, it is ner-essary for Owner to construct certain sewer facilities; and , the City has requested that such oonstruction be greater in soope than is neces@ to provide service to this Project and S, such construction is of value to the City in providing service to custcmers other than those within the Project limits; NOW, THEREFIORE, in consideration of the mutual prmises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sever system (hereinafter the "Systed') according to plans and specifirations approved by the Department of PUblic Utilities, a copy of @ch is on file with the Department. 2. The City shall mELke cash payment to Owner in the amdunt of $@r-ii gn after successful caopletion of the Systern and acceptance tbereof by the City in accordance with Exhi@it A. 3. The City shall have the right at any time to make, oonnect, or pemit the connection of any other sewer facility to the SYstem. Any such connection maY be at any point, and the City shall have the right at any time to use the SYstem to serve persons within and without the Project limits. 4. Upon successful o=pletion of the System and acceptance thereof by the City, Owner hereby agrees that the Systern, including but not limited to sewer connections, sewer metins, laterals, pipes, and all other facilities, shall be deemed dedicated to tbe City of Virginia Beach as of the date of tbe City's written acceptance thereof. 5. Owner shall indemnify and hc)ld the City bamless frm any alnd all liability of @tever natur-e arising out of the design, approval, construction, aw/or installation of the System. In the event any claim is made against the City, eltber independently or jointly with Owner, lessee, or purrhaser on acedunt bereof, the Owwr at its sole cost shall defend the City against such cwms- 6. This Agreement shall inure to the benefit of WW be bidding UP- tbe parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreewnt, it shall be recorded by tbe CitY in the Clerk's Office of the Circuit Court of the City of Virginia Beach, iLt Nmr's expense. 2 IN WI79ESS WIUMF, tbe parties hereto hrve executed and sealed this agreement as of tbe day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA BY ity@nager DA7E ATrEST: (SEAL) City Clerk BY President , D.W. Bell, Inc. DATE A7fEST: (SEAL) SecretELry APPBDVED AS 710 OONTENTS: nt of Public Utilities APPROVED AS 70 FUMD: City Attorney CERTIFIED AS 7'0 AVAILABILITY OF Department of Finance STATE OF CITY OF 1, @ea a Notary Pablic in and for the City and State aforesaid, do hereby r-ertify that -D. U). i3e, II and President and Secretary, mepectively, of whose names are siped to the writing above, bearing date of ba,,e kn.ledgd the before me :Ln oW City and State aforesaid. Given under my hand this day of YO/V My Comnission Expires Notary 11/2blic STATE OF VIRGINIA CITY OF VIRGINIA BFACH, to-wit: The foregoing instrument was aelmawledged before me and Ruth Hodger. 9mith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this dEty of 1985. N6t-ary Public My Comission Expires: COST BENEFIIT ANALYSIS Q(JAIL POINT SEWER COST PARTICIPATION AG Sewer City cost per agreerrent $58,671.90 Assumptions 1. Maintenance of 1 additional purrq) station and 36001 of foroe main for a 30-year period Amual @tenanoe cost currently $357/1000' pipe annual maintenance cost currently $7447/pmp station Maintenance cost increase 5% per year Tirrke value of mmy 10% per year 2. Revenue from pro rata puffp station fees will be realized in two years Maintenance cost savings will begin in tuo years. 3. Present value of an annuity PV = r(l+i)n 1 A L (1+i)n I where n = 28 years i 1-10 -1 = 4.76% 1.05 PV = 15.29A City revenue and oc)st saving Revenue from pro rata pump station fees - 153 dwelling units 153 d.u.'s x $161/d.u. = $24,633 - 2 PV = (1.10) ($24,633) = $20,357.85 CC)St saving Maintenance cost 2 PV (Pump Stations (1.10) (1) ($7447)(15.29) PV = $94,103 - 2 PV (Fbroe Mains) (1.10) (3600')($357/1000,)(15.29) PV = $16,240.25 'Ibtal FV of rnaintenance cost savings = $110,343.25 'rbtal PV of rpaintenanoe costs savings ar)d fee revenues $110,343.25 + $20,357.85 = $130,701.10 Net saving to city (sewer) @72,029.20 JSW:mc (i 6-34) 8/13/85 - 49 - Item II-M.17 CONSENT AGENDA ITEM # 24269 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance to transfer $2,340,496 from the general fund to a capital outlay fund for a Communications System approved in FY 1984-85. 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 Se tember 30, 1985 i- z z 0 >- AN ORDINANCE TO TRANSFER $2,340,496 FROM THE GENERAL FUND TO A CAPITAL OUTLAY FUND FOR A COMMUNICATIONS SYSTEM APPROVED IN FY 1984-85 WHEREAS, the FY 1984-85 operating budget included replacement of the police, fire and emergency communications system with a system in the 800 MHz frequency range, to be financed through a lease/purchase agreement, and WHEREAS, a contract for the purchase of equipment was executed prior to June 30, 1985 but the equipment has not yet been delivered nor paid for, and WHEREAS, installation of the system is a long-term project and to facilitate accounting, it will be necessary to transfer $2,340,496 of appropriations along with a like amount of estimated revenues from the General Fund to a capital outlay fund effective June 30, 1985. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $2,340,496 is hereby transferred from the General Fund to a capital outlay fund. BE IT FURTHER ORDAINED, that the appropriations be offset by a transfer in like amount from estimated revenues in the General Fund to the capital outlay fund. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 30th day of September 1985. KAR/13 ORD9 - 50 - Item II-M.18 CONSENT AGENDA ITEM # 24270 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the City's property known as Salem Lakes South Park to Leonard E. Wood and Carol Ann Wood, their heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. 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 Se tem Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS SALEM LAKES SOUTH PARK TO LEONARD E. WOOD AND CAROL ANN WOOD, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Leonard E. Wood and Carol Ann Wood, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City's property known as Salem Lakes South Park. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining an existing 6-foot wooden privacy fence encroaching 4 feet onto Salem Lakes South Park 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 Salem Lakes South Park, on the certain plat entitled: "PHYSICAL SURVEY OF LOT 31, AMENDED PLAT OF SUBDIVISION OF SALEM LAKES SOUTH FOR LEONARD E. WOOD and CAROL ANN WOOD KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1" =201 AUGUST 8, 1984 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS & ENGINEERS VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Leonard E. Wood and Carol Ann Wood, their heirs, 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 Salem Lakes South Park and that Leonard E. Wood and Carol Ann Wood, their heirs, 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 Leonard E. Wood and Carol Ann Wood, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Leonard E. Wood and Carol Ann Wood execute 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 30thday of September 1985 GLF/rab 7/25/8 5 (29C) APPROVED AS TO COi'ITElil" -2- This Is to ctrlify Ihal 1, an August 8, 1984 surveyed the properly 3howit ort Ihis pial. And that the litle lints and Ihe alls of Ihe buildings are as shown an this pial. The t)uildings stand slricfiy wilhin the Illit lints and Ihore are no tncroachmeats of other buildings an the property, ticept as shown. Slgned: z, 5 ui z La tn 30 -CY Q. -Z En z CY T.0 STO*L MANE In John E Sirine .8. O' A , 4 6. 2a R - 2 o 4 a . . .or( STILLWOOD 4)V OP, APIEARS TO FALL -SIOL ZONE C :41 5.0.. 0. DEPT. OF ..U. 0. FLOOD .IZARD AP 'DR CITI OF @.. IJACN ICO.. .0 51333, *J.Al nj 1 36 PHYSiCAL SURVEY OF LOT 31, AMENDED PLAT OF SUBDIVISION OF SALEM LAKES SOUTH FOR 7 3. P. 3 2 LEONARD E. WOOD and CAROL ANN WOOD KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA SCA L E : I " - 2 0 AUGUST @ 8, 1984 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYOR3 t ENGINEER3 Virginlo Becth, Vlrglrilo - 51 - Item II-M.19 CONSENT AGENDA ITEM # 24271 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Canaan Drive, Landstown Lakes, to R. G. Moore, his heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to submit, for approval by the City's Traffic Engineer, a traffic control plan before commencing work within the City's right-of-way. 5. The owner agrees that the sign will be placed twenty feet from the nose of the median. 6. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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 Council Members Abstaining: Nanc A. Creech and Louis R. Jones Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CANAAN DRIVE TO R. G. MOORE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, R. G. Moore, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Canaan Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a subdivision identification sign for the Landstown Lakes Subdivision 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 Canaan Drive, on the certain plat entitled: "CANAAN DRIVE," 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 R. G. Moore, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Canaan Drive and that R. G. Moore, his heirs, 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 R. G. Moore, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that R. G. Moore 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 30th day of September 1985 GLF/rab 8/26/8 5 (29C) 7i ^DEPAP,T@IFtqT -2- 6c of LU LAJ SL.E WiDrtil (,IAi?iA RO,4D NOR7'H. LANDS-rowN - 52 - Item II-M.20 CONSENT AGENDA ITEM # 24272 Upon motion by Counciman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance appointing viewers in the petition of Maureen Mottolese for the closure of a portion of Old Norfolk-Virginia Beach Road (Lynnhaven Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works 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. Renry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 30, 1985 ORDINANCE APPOINTING VIEWERS WHEREAS, Maureen Mottolese has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the day of , 1985, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT, Robert J. Scott David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council on or before , 1985, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: That certain portion old Norfolk-Virginia Beach Road, containing approximately 0.239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and old Norfolk-Virginia Beach Road as established, thence from said point of beginning S 84'-041-381 w 236.87 feet to a pin; thence along the south side of old Norfolk-virginia Beach Road along the arc of a curve with a radius of 593.67 feet, an arc distance of 121.92 feet to a point; thence N 17*-411-22" W 30 feet to a pin on the northeast corner of the intersection of old Norfolk-Virginia Beach Road and now or formerly Harrison Street; thence along the north side of old Norfolk-virginia Beach Road along the arc of a curve with a radius of 623.67 feet, an arc distance of 128.08 feet to a pin; thence N84'-041-38' E 207.57 GUY, CROMWELL, BETZ feet to a point on the Northwest corner of the & LUSTIG, P.C. intersection of old Norfolk-Virginia Beach Road and Little Neck Road; thence S 50*-14--47' E 41.93 feet to the point of beginning as shown on that certain plat entitled "PLAT S140WING B, PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM (Now known as MAUREEN MOTTOLESE) LYNNTIAVEN 130ROUGTi, VIRGINIA BEACH, VIRGINIA.' All of the above as shown upon that certain plat entitled, "Plat Showing a Portion of old Norfolk-Virginia Beach 'Road to be t-losed for Maureen M. Abraham, Tynnhaven Borough-Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. Adopted by the City Council, City of Virginia Beach, on the 30th day of Uy, CROMWELL, BETZ September, 1985. & LUSTIG, P.C. .TTOR@@Y@@T L@W reb 2 IN TRE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF TRAT CERTAIN PAPER STREET OF VARIABLE WIDTR, KNOWN AS OLD NORFOLK-VIRGINIA BEAC9 ROAD, AS SNOWN UPON TT4AT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACG ROAD TO BE CLOSED FOR MAUREEN M. ABRAFAM, LYNNFAVEN BOROUGH, VIRGINIA BEACF, VIRGINIA", WFICR PLAT IS ATTAC"ED HERETO. P E T I T I 0 N TO: THE MAYOR AND T14E MEMBERS OF THE COUNCIL OF T14E CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Maureen Mottolese (formerly Maureen M. Abraham), respectfully represents as follows: 1. That pursuant to the provisions of section 15.1- 364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: That certain portion old Norfolk-Virginia Beach Road, containing approximately 0.239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and Old Norfolk-Virginia Beach Road as established, thence from said point of beginning S 84*-41-381, W 236.87 feet to a pin; thence along the south side of old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 593.67 feet, an arc distance of 121.92 feet to a point; thence N 17'-4l'-2211 W 30 feet to a pin on the northeast corner of the intersection of old Norfolk-Virginia Beach Road and now or formerly ffarrison Street; thence along the north side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 623.67 feet, an arc distance of 128.08 feet to a pin; thence N84*-04'-38" E 207.57 feet to a point on the Northwest corner of the intersection of old Norfolk-Virginia Beach Road and Little Neck Road; thence S 50'-141- 47" E 41.93 feet to the point of beginning as shown on that certain plat entitled "PLAT S140WING A PORTION OF OLD NORFOLK-VIRGINIA BEACT.4 ROAD TO BE CLOSED FOR MZ1/2LJREEN M. ABR)kTiAM (Now known as MAUREEN MOTTOT,ESE) LYWNT4AVFN BOROUGR, VIRGINIA BEACH, VTRGTNIA." Said parcel of land being a portion of old Uy, CROMWELL, BETZ & LUSTIG, P.C. Norfolk-Virginia Beach Road, as indicated on that certain plat T L.W entitled, 'Plat Showing a Portion of old Norfolk-Virginia Beach - 1 - Road to be closed for Maureen M. Abraham, Lynnhaven Borough-virginia Beach, virginia," which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner prays that this Ponorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1985, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the _ day of 1985, Notice of the presenting of this application was posted at the Courthouse of the Circuit Court of the City of virginia Beach, Virginia, on the premises to be closed, and at the City Tiall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is fee simple owner of all land along and adjacent to the northern line of said portion of the platted street to be closed. Respectfully submitted, MINURE By counsel' Richard D. Guy, Esquire R. Edward Bourdon Jr. Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One, Suite 525 Virginia Beacb, Virginia 23462-2989 Uy, CROMWELL, BETZ (804) 499-8971 & LUSTIG, P.C. @TT ... @Y@ T l@@ reb 2 ATI ... l@@. @@ll (I. y .......... A.I@A T...- F. B.-, J.. H.-- R. J.,-@ 13@ J-1- M. C...L@l S. C... June 18, 1985 I?dward Bourdon, Jr., attorney for Maureen mottolese, do hereby certify that: 1. T am an attorney at law and represent Maureen Mottolese (formerly Maureen M. Abraham). 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the owners of the fee in all adjacent property. 3. The portion of street to be closed, referred to herein, is described as follows: That certain portion old Norfolk-Virginia Beach Poad, containing approximately 0.239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and r)ld Norfolk-Virginia Beach Road as established, thence from said point of beginning S 84'-04,- 38" w 236.87 feet to a pin; thence along the south side of old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 593.67 feet, an arc distance of 121.92 feet to a point; thence N 17'-411-22" W 30 feet to a pin on the northeast corner of the intersection of r)ld Norfolk-Virginia Beac@l Road and now or formerly "arrison Street; thence along the north side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 623.67 feet, an arc distance of 128.08 feet to a pin; thence 'N'84@- 041-38" P- 207.57 feet to a point on the Northwest corner of the intersection of Old Norfolk-Virginia lbeach Road and Little Neck Road; thence 9 50'-14'-47" E 41.93 feet to the point GiTy, (']R(.)MwiLi,, BFTZ Page 2 June 18, 1985 of beginning as shown on that c,rtain pi,t entitled "PLRT SROWING A PORTION OF OLD NORFOT,K-VIRGINIh BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRARKM (Now known as MAUREFN MOTTOLESE) LYNNTi'\VEN BOROUGR, VIRGINID, BEAC", VIRGINIA." GUY, CROMWELL, BETZ a LUSTIG, P.C. By: R. Edward Bourdon, Jr. reb - 53 - Item II-J.21 CONSENT AGENDA ITEM # 24273 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED the following Ordinance: Ordinance appointing viewers in the petition of William L. Freed for the closure of a portion of Baltic Avenue and Ilth Street (now Maryland Avenue) (Virginia Beach Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works 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 September 30, 1985 ORDINANCE APPOINTING VIEWERS WHEREAS, William L. Freed has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 9th day of September , 1985, apply to the City Council of the City of Virginia Beach, virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT, and are hereby appointed to view the below described property and report in writing to the Council on or before , 1985, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: All that certain parcel of property lying, situate and being in the Beach Borough of the City of virginia Beach, Virignia, as shown on that certain Map of Shadow Lawn Heights which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of virginia Beach, Virginia in Map Book 7, at page 14, and with reference to said plat being more particularly described as follows: THAT CERTAIN portion of Baltic Avenue and llth Street (now Maryland Avenue) lying south of 12th Street (now 9th Street) , beginning at a pin located at the intersection of the Southern right-of-way line of 12th Uy, CROMWELL, BETZ Street (now 9th Street) and the western & LUSTIG, P.C. right-of-way line of Baltic Avenue, thence from said point of beginning S 7' 15' E a distance of 200 feet, along the western right-of-way line of Baltic - 1 - Avenue, to the point of intersection with the northern right-of-way line of llth Street (now Maryland Avenue) ; thence turning and running at right angles to said former course, N 82@ 451 E a distance of 90 feet along the northern right-of-way line of llth Street (now Maryland Avenue) to a point at the southwestern corner of Lot 5, Block 26 of Shadow Lawn Heights; thence turning and running at right angles to said former course S 7* 151 E a distance of 50 feet to a point on the southern right-of-way line of llth Street (now Maryland Avenue); thence turning and running at right angles to said former course S 82* 451 W, a distance of 200 feet, along the southern right-of-way line of llth Street (now Maryland Avenue), to a point; thence turning and running at right angles to said former course, N 7* 151 W a distance of 50 feet, to a pin at the southeastern corner of Lot 31, Block 16 of Shadow Lawn Heights; thence turning and running at right angles to said former course, N 82' 451 E a distance of 60 feet, along the northern right-of -way line of llth Street (now Maryland Avenue) to a point of intersection with the eastern right-of-way line of Baltic Avenue; thence turning and running at right angles to said former course, N 7' 151 W, a distance of 200 feet, along the eastern right of way line of Baltic Avenue, to a pin at the point of intersection with the southern right-of-way line of 12th Street (now 9th Street); thence turning and running at right angles to said former course, N 82* 45' E a distance of 50 feet, along the southern right-of-way line of 12th Street (now 9th Street) to the said point of beginning as shown on that Plat entitled "STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAND AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA." All of the above as shown upon that certain plat entitled, "STEET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAD AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Uy, CROMWELL, BETZ & LUSTIG, P.C. ATTO..-@AT LA. Adopted by the City Council, City of Virginia Beach, on the 30th day of September, 1985. reb 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS BALTIC AVENUE AND 11TH STREET (NOW MARYLAND AVENUE), AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAND AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, William L. Freed respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1- 364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, which are more specifically described as follows: All that certain parcel of property lying, situate and being in the Beach Borough of the City of Virginia Beach, Virignia, as shown on that certain Map of Shadow Lawn Heights which plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, and with reference to said plat being more particularly described as follows: THAT CERTAIN portion of Baltic Avenue and llth Street (now Maryland Avenue) lying south of 12th Street (now 9th Street), beginning at a pin located at the intersection of the Southern right-of-way line of 12th Street (now 9th Street) and the western right-of-way line of Baltic Avenue, thence from said point of beginning S 7@ 15' E a distance of 200 feet, along the western right-of-way line of Baltic Avenue, to the point of intersection with the northern right-of -way line of llth Street (now Maryland Avenue); thence turning and running at right angles to said former course, N 82@ 451 E a distance of 90 feet along the northern right-of -way line of llth Street (now Maryland Avenue) to a point at the southwestern corner of Lot 5, Block 26 of Shadow Lawn Heights; thence turning and running at right angles to said former course S 7* 151 E a distance UY, CROMWELL, BETZ of 50 feet to a point on the southern & LUSTIG, P.C. right-of -way line of llth Street (now Maryland Avenue); thence turning and running at right angles to said former course S 82' 451 W, a distance of 200 feet, along the southern - 1 - right-of -way line of llth Street (now Maryland Avenue) , to a point; thence turning and running at right angles to said former course, N 7* 151 W a distance of 50 feet, to a pin at the southeastern corner of Lot 31, Block 16 of Shadow Lawn Heights; thence turning and running at right angles to said former course, N 82' 451 E a distance of 60 feet, along the northern right-of-way line of llth Street (now Maryland Avenue) to a point of intersection with the eastern right-of-way line of Baltic Avenue; thence turning and running at right angles to said former course, N 7* 151 W, a distance of 200 feet, along the eastern right of way line of Baltic Avenue, to a pin at the point of intersection with the southern right-of-way line of 12th Street (now 9th Street); thence turning and running at right angles to said former course, N 82* 451 E a distance of 50 feet, along the southern right-of-way line of 12th Street (now 9th Street) to the said point of beginning as shown on that Plat entitled "STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAND AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA." Said parcel of land being a portion of Baltic Avenue and llth Street (now Maryland Avenue) , as indicated on that certain plat entitled, "STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAND AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA," which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed streets. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said streets; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted streets proposed to be closed and to report in writing to the Council on or before the day of , 1985, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of these portions of said streets, as herein reported and described. UY, CROMWELL, BETZ & LUSTIG, P.C. T LA. 2 3 . That on the day of 1 1985, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner has contracted to purchase fee simple ownership of all land along and adjacent to the said portions of the platted streets to be closed, as well as the reserved fee simple ownership of the portions of the streets in question. 5. That the present owners of the fee simple interests reserved in the streets to be closed, as well as the owner of all land adjacent to the streets to be closed, have consented to this closure and join in this application to the extent their participation is deemed necessary. Respectfully submitted, WILLIAM L. FREED By: of Counsel Howard R. Sykes, Jr., Esquire R. Edward Bourdon, Jr. Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke office Park Pembroke One, Suite 525 virginia Beach, Virginia 23462-2989 (804) 499-8971 UY, CROMWELL, BETZ & LUSTIG, P.C. ... @YS T L.. reb 3 GiTy, CROMWELL, BETZ BC LUSTIO, P. C. ATTORME@. @D Co@ ... w.. T L- D G- ....... O-,,. P- W,@.. Lu.T.. A..@ C..x R .... T B C..--,J.. T-.- F. B.@., J.. B.- R - S-.., J.. V-.-- . . ...... J.-@ B. H-. J- M. C.@-- T..- S. C..... R. E.-. July 15, 1985 I, R. Edward Bourdon, Jr., attorney for William L. Freed, do hereby certify that: 1. I am an attorney at law and represent William L. Freed. 2. That based upon my examination of title, it is my opinion that if the portions of those streets sought to be closed are discontinued, closed and vacated by the Council of the City of virginia Beach, Virginia, then title to said streets will vest in the owners of the fee in the streets which were reserved at the time said streets were dedicated and plats put to record. 3. The portions of those streets to be closed, referred to herein, are described as follows: All that certain parcel of property lying, situate and being in the Beach Borough of the City of Virginia Beach, Virignia, as shown on that certain Map of Shadow Lawn Heights which plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, and with reference to said plat being more particularly described as follows: THAT CERTAIN portion of Baltic Avenue and llth Street (now Maryland Avenue) lying south of 12th Street (now 9th Street), beginning at a pin located at the intersection of the Southern right-of -way line of 12th Street (now 9th Street) and the western right-of-way line of Baltic Avenue, thence from said point of beginning S 7* Guy, CRomwsLL, BISTZ & LUSTY.G, P. C. Page 2 July 15, 1985 15' E a distance of 200 feet, along the western right-of-way line of Baltic Avenue, to the point of intersection with the northern right-of-way line of llth Street (now Maryland Avenue) ; thence turning and running at right angles to said former course, N 82* 45' E a distance of 90 feet along the northern right-of-way line of llth Street (now Maryland Avenue) to a point at the southwestern corner of Lot 5, Block 26 of Shadow Lawn Heights; thence turning and running at right angles to said former course S 7' 151 E a distance of 50 feet to a point on the southern right-of -way line of llth Street (now Maryland Avenue) ; thence turning and running at right angles to said former course S 82* 451 W, a distance of 200 feet, along the southern right-of-way line of llth Street (now Maryland Avenue), to a point; thence turning and running at right angles to said former course, N 7' 151 W a distance of 50 feet, to a pin at the southeastern corner of Lot 31, Block 16 of Shadow Lawn Heights; thence turning and running at right angles to said former course, N 82* 45' E a distance of 60 feet, along the northern right-of-way line of Ilth Street (now Maryland Avenue) to a point of intersection with the eastern right-of-way line of Baltic Avenue; thence turning and running at right angles to said former course, N 7' 151 W, a distance of 200 feet, along the eastern right of way line of Baltic Avenue, to a pin at the point of intersection with the southern right-of-way line of 12th Street (now 9th Street); thence turning and running at right angles to said former course, N 82' 45' E a distance of 50 feet, along the southern right-of -way line of 12th Street (now 9th Street) GUy, CIROXWELIL, 13ETZ LUST]IC;, P- C Page 3 july 15, 985 to the said point of beginning as shown on that Plat entitled 'STREET CLOSURE OF A PORTION OF BALTIC AVENUE AND MARYLAND AVENUE, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA.. GUY, CROMWELL, BETZ & LUSTIG, P.C- By: R. Edwad Bou@dn, J@. reb - 54 - Item II-M.22 CONSENT AGENDA ITEM # 24274 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council APPROVED the Low bid of McKenzie Construction Corporation in the amount of $327,252 for the Animal Control Building Addition; AND, AUTHORIZED the City Manager to enter into the necessary agreeements for the implementation of the project. Councilwoman Henley referenced the close proximity to the existing Subdivision. Staff advised the distance comprised approximately 300 yards. The City Manager will request the Architect to take into consideration the configuration of the design due to this close proximity. 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 September 30, 1985 - 55 - Item II-M.23 CONSNET AGENDA ITEM # 24275 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED the following RAFFLE PERMIT: EASTERN SHORE CHAPEL 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. Renry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 56 - Item II-M.24 CONSENT AGENDA ITEM # 24276 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance authorizing tax refunds in the amount of $1,146.04 upon application of certain persons and upon certification of the City Treasurer for payment. 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 Se tember 30 1985 '@ORM NU. C.A. I AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Year of Tax Number tion No. Paid Henry J Crockett Jr DDS 85 pp 72234-4 6/5/85 360.60 Arthur R Conner 85 pp 32236-6 8/29/85 16.38 William R Sawyer 85 pp 139347-5 5/15/85 12.00 William R Sawyer 85 pp 139362-5 5/15/85 67.50 William R Sawyer 85 pp 139363-4 5/15/85 270.00 William R Sawyer 85 pp 139364-3 5/15/85 206.28 Aaron JWagner 85 pp 164485-5 6/3/85 88.50 Aaron JWagner 84 pp 158407-3 6/1/84 102.78 S J Peterson N/A Pkng 57168 7/1/85 10.00 Kim M llattingly N/A Pkng 101323 9/6/85 12.00 Total 1,146.04 s@p 113 This oidinance shall be effective from date of adoption. The above abatement(s) totaling c t; were approved by the Councii of the City of V' "?'en'bae Beach on the 30t@,,y of Sep 1985 J( asurer Ruth Hodges Smith City Clerk ity Attorney - 57 - Item II-N.1 APPOINTMENTS ITEM # 24277 By CONSENSUS, City Council RESCHDULED the following APPOINTMENTS: AP,TS AND @ITIES COMMISSION Se temb r - 58 - Item II-0.1 UNFINISHED BUSINESS ITEM # 24278 FAIR LABOR STANDARDS ACT UPDATE Doug Cherry, Wage and Salary Administrator, presented an update concerning the implementation of the FAIR LABOR STANDARDS ACT. The Employee Relations Coordinator, the Payroll Administrator, and the Wage and Salary Administrator conducted four - three-hour training sessions for approximately 550 administrators, supervisors and payroll clerks. Four (4) training sessions were conducted today, September 30, 1985, for approximately 232 City Employees. Four additional training sessions are scheduled for Tuesday, October 1, 1985, for any employee desiring to attend. An AMENDMENT to the City Code concerning the FAIR LABOR AND STANDARDS ACT will be on the City Council's Agenda of October 7, 1985. Concerning the calculation of Overtime: The Police Department is governed by a 28-day, 171 hour schedule and the Fire Department is on a 27-day, 204 hour schedule. Regular Emmployees are calcualted on a 7-day, 40 hour week. September 30, 1985 - 59 - Item II-0. 2 UNFINISHED BUSINESS ITEM # 24279 INTERIM FINANCIAL STATEMENTS Assistant City Manager for Administration Giles Dodd presented the FINAL INTERIM FINANCIAL STATEMENTS - July 1, 1984 through June 30,1985 Mr. Dodd referenced EXHIBLT A on Page 2.1 reflecting the percentage of Revenues collected based on estimates. The City has collected 105% of the estimate in Revenues and only 94.3% has been expended of the appropriations during the year. A portion of this expenditure is a reversion from the School Fund of approximately $4,600,000. Approximately $13,900,000 has been added to the Fund Balance during the year. Council TRANSFERRED in the Fiscal Year 1986 slightly over $23 MILLION to Capital Projects. It is estimated there will be a Net Income of $4,100,000 in the Water and Sever Fund. - 60 - Item II-0.3 UNFINISHED BUSINESS ITEM # 24280 ADD-ON DEVELOPMENT IN LOWLAND AREAS Phillip A. Davenport, Business Office Administrator of the Department of Public Works, presented a BRIEFING concerning DEVELOPMENT IN LOWLAND AREAS. Two areas were examined "Brighton on the Bay" and "Middle Plantation". The following recommendations were suggested: 1. A note could be placed on the individual plat of any lot in "lowlands" stating additiontal approvals/permits may be required prior to any physical alteration of the lot. (This would require an addition to Section 4.4 of the Subdivision Ordinance). 2. Sellers and real estate agents of lots in "lowlands" should be required to inform buyers that the lot is affected by "lowlands" and additional approvals/permits may be required prior to any physical alteration of the lot. 3. Developers should be required to show "Top of Bank" and "Toe of Slope" on coristruction plans to alert City Staff of steepness of slope and on individual plats of lots to alert prospective buyers. (This would require an addition to Section 4.1 of the Site Plan Ordinance and Section 4.4 of the Subdivision Ordinance.) The Memorandum to the City Manager dated September 30, 1985, from the Public Works Department concerning DEVELOPMENT IN LOWLAND AREAS is bereby made a part of the record. September 30, 1985 - 61 - Item II-P.1 NEW BUSINESS ITEM # 24281 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council CANCELLED the Regular Session of City Council on November 11, 1985, Legal Holiday, Veterans Day. 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 - 62 - Item II-P.2 NEW BUSINESS ITEM # 24282 ADD-ON Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Resolution: A RESOLUTION BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, REQUESTING THAT THE DEFENSE LOGISTICS AGENCY OF THE DEPARTMENT OF DEFENSE DISCONTINUE FROM FURTHER CONSIDERATION THE POSSIBILITY OF LOCATING HAZARDOUS WASTE ON CERTAIN SITES WITHIN THE CITY OF VIRGINIA BEACH. 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 Requested by: Counci@ Jack Jemings A I;ESOLU.VICN BY THE OC)UNCIL OF THE CITY OF @INIA BEACH, @INIA, PBQLIESTING THAT THE DEFENSE LOGISTICS OF THE DEP OF DEFENSE DISOONTINUE FRCM OGNSIDERATION TBE POSSIBILITY OF IOCATING S @ ON CEI;EAIN SITES WITHIN THE CITY OF VIRGINIA BEAM , The Defense Re-utilization and Marketing Service, a pr@ field activity of the Defense Logistics Agency, Departnient of the Defense, is planning a teniporary storage, staging, and transhipmnt facility on an existing military installation in the Tidewater area for Departnient of Defense hazardous waste materials generated in the area; and , in selecting a site and plarming the facility the Defense Re-utilization and Marketing Service is conducting fall environ- mntal inpact studies of the sites under consideration; and , candidate sites to be considered by the Defense Re- utilization and Marketing Service include the Naval Air Station at Oceana and Fort Story; and WHEREAS, both of said candidate sites are located in the City of Virginia Beach, which is the mst populated city in the State of Virginia; and, , it is the opinion of the Council of the City of Virginia Beach that the usage of either the Naval Air Station at Oceana or Fort Story for the purpc)se of a storagestaging, and/or transhipmnt facility for hazardous waste n-aterials vnuld pose an unsafe and unreasonable risk to the residents of Virginia's mst pc)pulated city. IE, BE IT FZSOLVED 13Y THE COUNCIL OF THE CITY OF VI@INIA BEACH, VIRGINIA: The Defense Logistics Agency of the De t of Defense is hereby requestea to discontinue fran further consideration the possibility of utilizing either the Naval Air Station at Oceana or Fort Story for the purpose of a storage, staging and/or transhipmnt facility for hazardous waste materials. ADOPTED by a niajority of a quorum of the Council of the City of Virginia Beach, Virginia on the 30th day of September 1985. RJJ:GLF:er 9-30-85 - 63 - Item II-P.3.a NEW BUSINESS ITEM # 24283 ADD-ON Councilman Robert Jones expressed appreciation to the City Manager for a copy of the report by the State and Local Advisory Committee to the Department of the Treasury. This document makes a number of pertinent points concerning the impact of the passage of the "tax reform legislation". Councilman Robert Jones recognized the service of the City Manager as the representative of the International City Manager's Association. Item II-P.3.b ITEM # 24284 Councilman Robert Jones referenced Councilman Fentress, Vice Mayor McClanan, Councilwoman Oberndorf, and the City Manager accompanied him in attending the VIRGINIA MUNICIPAL LEAGUE Conference last week. There was a session concerning this "tax reform legislation" and its impact on state and local government. September 30, 1985 - 64 - Item II-P.4 ITEM # 24285 NEW BUSINESS ADD-ON Councilman Robert Jones extended congratulations to Councilwoman Oberndorf on her election as VICE CHAIRMAN of the Urban Section of the VIRGINIA MUNICIPAL LEAGUE for the Second Year. September 30, 1985 - 65 - Item II-Q. RECESS INTO EXECUTIVE SESSION ITEM # 24286 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to RECESS into EXECUTIVE SESSION for discussion of legal and financial matters (10:35 P.M.), after which to adjourn. The EXECUTIVE SESION will be CONVENED at The Pavilion at 6:00 P.M. on October 2, 1985 (Lake Gaston Water Supply - Pending Litigation). 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 - 66 - Item II-Q.2 RECESSED SESSION ITEM # 24287 WEDNESDAY, OCTOBER 2, 1985 After dinner in the VIP Conference Room at the Pavilion, Mayor Heischober called to order the Recessed Session of Monday, September 30, 1985 at 6:45 P.M., Wednesday, October 2, 1985. Upon motion by Concilman Baum, seconded by Councilwoman Creecb, City Council voted to RECONVENE into EXECUTIVE SESSION for Legal and Financial/Public Funds Investment: 1. 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. 2. FINANCIAL/PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest of the governmental unit would be adversely affected. 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., 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: Louis R. Jones VERBVAL UNANIMOUS - 67- Item II-Q.2 RECESSED SESSION ITEM # 24288 The following were in attendance: City Council City Staff Mayor Harold Heischober City Manager Thomas H. Muehlenbeck Vice Mayor Reba S. McClanan City Attorney J. Dale Bimson John A. Baum City Clerk Ruth H. Smith, CMC Nancy A. Creech Aubrey V. Watts, Jr. Robert E. Fentress Giles G. Dodd Barbara M. Henley E. Dean Block H. Jack Jennings, Jr. Pamela Lingle Robert G. Jones Thomas Leahy J. Henry McCoy Larry Davenport Meyera E. Oberndorf Kevin Cosgrove Consultants: Robert Shade, C.E. Maguire & Company Jim Richards, C. E. Maguire & Company Harry Frazier, Hunton & Williams Scott Hart, Mays, Valentine, Davenport & Moore Cbester Johnson, government Finance Associates Michael Buckley, Government Finance Associates Gregory L. Kramer, Arthur Young Kenneth Fields, Arthur Young - 68 - Item II-P. ADJOURNMENT ITEM # 24289 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 11:10 P.M Chief Deputy City Clerk ltuth Hodgers Smith, CMC eisc o er City Clerk City of Virginia Beach, Virginia /bh October 2, 1985 - 68 - Item II-P. ADJOURNMENT ITEM # 24289 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 11:10 P.M _, #°1' 0 7P4J Beverly 0. Hooks Chief Deputy City Clerk 1 . 171..LA 1,/// uth Hodges Smith, CMC Mayor Harold Heischober City Clerk City of Virginia Beach, Virginia /bh 30 September 1985