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DECEMBER 10, 1984 MINUTES Cit@C)'f @@EA@la "WORLD'S LARGEST RESORT CITY" CrTy COUNCIL MA YOR HAROLD BEISCHORER, A@ VICE-MA YOR REBA S. M@CLANAN, P-... A- B-gh JORN A. BAUM. Bi-k-I., B-gh NANCY A. CREECH, At L.M. ROBF,RTE FENTRESS, V.,@B.-h B-gh BARBARA M. RENLEY, P-g. @h H. JACK JEAWINGS, JR@, B-gh LOUIS R. JOAFES, B.Vi& B-gh ROBERT G. JONES, A, L.@@ J. HENRY McCOY, JR., K-P.@ B-gh MEYERA E. OBERAIDORP. A@ L.,g@ 281 CITY HALL BUILDING MUNICIPAL CE=R RUTH HODGES SMRM, CMC, Cilv Cl.,k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGflvlA 23456-PM 18041427-430$ December 10, 1984 Virginia Beach City Council PUBLIC HEARING - CIP - 11 AM ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Marge Kenney Chapel of the Good Samaritan B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. CITY MANAGER'S ADNINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION 01? PERTINENT MATTERS F. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of December 3, 1984. G. PRESENTATIONS 1. Resolution in Recognition to Major C.H. Payne and patrolmen. H. PLANNING 1. Resolution authorizing enlargement of the nonconforming use and replacement of the nonconforming mobile home located at 6077 Marvin Road (property of John B. Munden, Sr.). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Resolution authorizing the enlargement and extension of the nonconforming use and the enlargement of nonconforming structures located at 429, 429-1/2, 431 20th Street and 2001 Baltic Avenue (property of Charles R. Pitts). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 3. Application of Gary M. Cordak for a conditional use permit for a single-family dwelling in the AG-1 Agricultural District on a 12.39-acre parcel located on the west side of Sandbridge Road, north of Flanagan's Lane (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of New Life Presbyterian Church for a conditional use permit for a church on a 6.286-acre parcel located on the north side of Landstown Road, west of Holland Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Rock Ministries, Inc., for a conditional use permit for recreational facilities of an outdoor nature (ball fields, tennis courts, and concession stand) on a 41- acre parcel located at 2865 Indian River Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Frank E. Butler, III, and A. J. Canada, Jr., for a conditional use permit for mini-storage on a 1.5-acre parcel located on the north side of Virginia Beach Boulevard, west of Byrd Lane (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7 . Application of William R. McQuilkin, Jr., and Patrick S. McQuilkin for a conditional use mit for a single-family dwelling in the AG-1 Agricultural District on a 1.272-acre parcel located south of the eastern terminus of Drum Point Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Charles H. Foy, Jr., for a conditional use permit for a single-family dwelling in the AG-1 Agricultural District on a 13.563-acre parcel located west of Charity Neck Road, south of Gum Bridge Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Applications of Hickory Corporation for changes of zoning on an undeveloped site located on the south side of London Bridge Road, northwest of Hunt's Neck Trail (Princess Anne Borough): From AG-2 Agricultural District to R-5 Residential District on a4.3-acre parcel; From AG-1 Agricultural District to R-5 Residential District on a7-acre parcel; AND, From R-3 Residential District to R-5 Residential District on a 2.15-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of these applications. 10. Application of LTD Associates for a change of zoning from B-2 Community-Business District to H-1 Hotel District on a 42,720-square foot parcel on the south side of Shore Drive, west of Independence Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of Chimney Hill Land Company for a change of zoning from B-2 Community Business District to A-1 Apartment District on a 1.949-acre parcel located on the west side of Rosemont Road, south of Holland Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 12. Application of Mary E. Williams for a change of zoning from R-8 Residential District to B-2 Community-Business District on a ten-acre parcel located on the west side of Holland Road, north of Shipps Corner Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 13. Application of T.C.C. Development Corporation for a change of zoning from R-3 Residential District to B-2 Community- Business District on a 5.3-acre parcel located on the west side of London Bridge Road, south of Harpers Road (Princess Anne Borough). a. Letter from the City Manager transmits no reconmendatiou from the Planning Commission, due to a tie vote. 14. Applications of T.C.C. Development Corporation for a thanges of toning on an undeveloped site located on the west side of London Bridge Road, south of Harpers Road (Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential District on a 181.37-acre parcel; From R-3 Residential District to R-8 Residential District on a 113.33-acre parcel; AND, From R-8 Residential District to PD-H2 Planned Unit Development District (above rezoned parcels total approximately 294.7 acres). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 15. Applications of Ronald L. and Holly Hall for a changes of zonia on two separate parcels. The largest parcel, 11.979 acres, is located on the northwest side of General Booth Boulevard across from Princess Anne Road. The other parcel, 3.25 acres, is located at the southeast corner of General Booth Boulevard and Princess Anne Road (Princess Anne Borough): From AG-1 Agricultural District to B-2 Community-Business District on a 2.195-acre parcel; From AG-2 Agricultural District to B-2 Community-Business District on a 1.577-acre parcel; From R-3 Residential District to B-2 Community-Business District on an 8.025-acre parcel; AND, From R-3 Residential District to B-2 Community-Businesg District on a 3.25-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. I. RESOLUTIONS/ORDINANCES 1. Ordinance a. Ordinance, on SECOND READING, authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $21,400,000 (Capital Improvement Program). 2. Industrial Development Revenue Bond a. Resolution approving the exercise of the City of Virginia Beach Development Authority of powers conferred by the Industrial Development and Revenue Bond Act and ordinances of the City of Virginia Beach in conjunction with financing the acquisition, constructing and equipping in Virginia Beach, Virginia of a marine operations dormitory and related facilities located in the vicinity of the Lesner Bridge, Shore Drive and the acquisition of an interest in the Cape Henry Pilot Control Tower, for the Association of Maryland Pilots. 3. Special Revenue Bond a. Resolution inviting and encouraging issuance of Special Revenue Bonds through Suffolk Redevelopment and Housing Authority - to Wildwood Associates - $9,000,000. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Recognition to Major C.H. Payne and patrolmen. 2. Resolution requesting the Virginia Department of Highways and Transportation to handle all negotiations, condemnations, and relocation assistance, if any, for the Virginia Beach Boulevard Phase II Project. 3. Resolution authorizing the City Manager to execute a cost participation agreement for water facilities in Kempsville Commons. 4. Ordinance to amend and reordain Section 10.5-2 of the Code of City of Virginia Beach, Virginia, pertaining to permit required to operate an emergency medical services agency or vehicle in the City. 5. Ordinance to amend Article 11, Section 5-31 by adding (17) to the Code of the City of Virginia Beach, Virginia, pertaining to bird sanctuaries (Lake Placid). 6. Ordinance to amend and reordain Sections 5-87, 5-91, 5- 92, and 5-94 of the Code of the City of Virginia Beach, Virginia, pertaining to rabies control. 7. Ordinance, on SECOND READING, to appropriate $7,500 for the Tidewater Alcohol Safety Action Program's Substance Abuse Educational Alternative Pilot Project. 8. Ordinance, on SECOND READING, to accept and appropriate funds of $17,000 from the State Department of Mental Health and Retardation. 9. Ordinance, on SECOND READING, to appropriate funds of $7,111.00 for the payment of real estate taxes for certain properties. 10. Ordinance, on FIRST READING, to appropriate funds of $36,450 for site acquisitions at Landstown Road and Holland Road (R.G. Moore). 11. Ordinance, on FIRST READING, to revise the Section VIII existing housing program budget for FY 85 ($3,138). 12. Ordinance authorizing certain changes in compensation for certain City Council appointees and transfer $3,171 within the respective department budgets. 13. Ordinance to apply for rental housing rehabilitation funds from the U.S. Department of Housing and Urban Development. K. APPOINTMENTS 1. Board of Building Code Appeals 2. Community Corrections Resource Board 3. Community Services Board 4. Board of Electrical Appeals 5. School Board 6. Southeastern Public Service Authority 7. Southeastern Virginia Areawide Model Program 8. Tidewater Stadium Authority 9. Volunteer Council L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Landfill Rate Increase: Presentation by Mr. C. Oral Lambert Jr., Director of Department of Public Works. 2. "Thought Processing" - Lanier Business Products, Inc./Dictaphone Inc. N. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia P U B LI C H E A R I N G CAPITAL IMPROVEMENT PROGRAM December 10, 1984 11:00 a. m. The PUBLIC HEARING concerning the CAPITAL IMPROVEMENT PROGRAM was called to order by Mayor Harold Heischober in the Council Chambers, on Monday, December 10, 1984, at 11:00 in the morning. The following spoke concerning the CAPITAL IMPROVEMENT PROGRAM: Ron Morrison, spoke concerning Streets, Resort Area Beautification and Golf Courses. Robert Callis, spoke concerning the Virginia Beach Arts Center Van H. Cunningham, represented the Hampton Roads Chamber of Commerce, and commended City Administration and supported $503 Million Program,(a copy) of Mr. Cunningham's statement is hereby made a part of the record). Lou Pace, represented the Hunt Club Forest Civic League, and expressed his concerns relative: London Bridge Road at Fisher Farm, all Exits to Toll Road, $28.6 Million plus $5.2 Million for sewers on Atlantic Avenue. Engineering and Highways, First Colonial Road (Phase 11, General Booth Boulevard Phase II, Princess Anne and Kempsville "flyover", Shipps Corner, Stumpy Lake, Schools $3 Million for roofing, and $5 Million for air con- ditioning, Parks and Recreation $53,300, Lesner Bridge Boat Ramp $1.3 Million, Linkhorn Cove Park Site Acquisition, and concerns relative water and sewer. In attendance were: C11Y COUNCIL John A. Baum Nancy A. Creech 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. Meyera E. Oberndorf STAFF Thomas H. Muehlenbeck, City Manager Dr. E. E. Brickell, Superintendent of Schools Giles Dodd, Assistant City Manager for Administration J. Dale Bimson, City Attorney Ruth Hodges Smith, CMC, City Clerk Aubrey Watts, Director of Public Utiliti,_s Robert Scott, Planning Department Walt Kraemer, Finance Harold whitehurst, Parks and Recreation Charles Davis, General Services December 10, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 10, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, December 10, 1984, at 1:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent; Robert E. Fentress, and Robert G. Jones Councilman Robert E. Fentress was out of the City. Council Robert G. Jones entered the Executive Session at 1:28 p.m. December 10, 1984 - 2 - ITEM # 22876 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Robert E. Fentress and Robert G. Jones December 10, 1984 - 3 - ITEM # 22877 Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, December 10, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress INVOCATION: Reverend Marge Kenney Chapel of the Good Samaritan PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 10, 1984 4 Item 11-C. 1 PROPOSED URANIMUM MINING IN VIRGINIA ITEM # 22878 ADD-ON Mayor Heischober introduced Jack Dunavant, a Civic Engineer from Halifax, Virginia. Mr. Dunavant represented SOUTHSIDE CONCERNED CITIZENS. This group is interested in maintaining a safe environment for Virginia. A POSITION PAPER IN OPPOSITION TO THE PROPOSED MINING OF URANIMUM IN VIRGINIA was published by the aforementioned group and is hereby made a part of the record. As per Councilwoman Henley's request, Rae LeSesne, representing the Council of Civic Organizations, noted this Organization's unanimous support of the City's opposition to URANIMUM MINING. December 10, 1984 - 5 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 CONSENT AGENDA KEMPSVILLE COMMONS ITEM # 22879 Councilwoman Henley referenced the Resolution authorizing the City Manager to execute a cost participation agreement for WATER FACILITIES in KEMPSVILLE COMMONS (See Item II-J.3 of the Consent Agenda). Councilwoman Henley inquired as to the size of the project units involved and whether there are existing homes which require hook-up to these proposed water facilities. This particular item will be pulled for discussion. Item II-D.2 CITY COUNCIL APPOINTEES ITF-M # 22880 Councilman Louis Jones referenced an Ordinance authorizing certain changes in compensation for certain CITY COUNCIL APPOINTEES and the transfer of $3,171 within the respective department budgets (See item II-J.12 of the Consent Agenda) Councilman Louis Jones requested DEFERRAL of this particular item until after discussion in the EXECUTIVE SESSION. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E. INTERNATIONAL CITY MANAGER'S ASSOCIATION ITEM # 22881 The City Manager advised City Council he will be representing the INTERNATIONAL CITY MANAGER'S ASSOCIATION in a meeting with the Treasury Department on Friday, December 14, 1984. Tax-exemption of Municipal Bonds will be one of the main topics of discussion. December 10, 1984 6 Item 11-F. 1 MINUTES ITEM 22882 A motion was made by Councilwoman Creech, seconded by Councilman Louis Jones to APPROVE the MINUTES OF December 3, 1984. Upon SUBSITUTE MOTION by Councilwoman Oberndorf, seconded by Councilman Baum, City Council DEFERRED APPROVAL of the MINUTES of December 3, 1984, until the City Council Meeting of December 17, 1984. The FRONT PAGE of the MINUTES of December 3, 1984 listing those present for the CALL TO ORDER on December 3, 1984, inadvertently listed Councilwoman Oberndorf as ABSENT. This page has been corrected to reflect Councilwoman Oberndorf in attendance. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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 Council Members Absent: Robert E. Fentress 7 Item II-F.2 PRESENTATION ITEM 22883 Mayor Heischober introduced Councilman McCoy who read a RESOLUTION IN RECOGNITION to: MAJOR C. H. PAYNE and patrolmen The Mayor presented the RESOLUTION recognizing the contributions of Major C. H. Payne, Commanding Officer of the Uniform Police Division, and his Patrolmen for "Service Beyond the Call of Duty" in their recent endeavor to direct traffic safely through rain or shine at the crowded intersections of Independence Boulevard. December 10, 1984 8 Item II-H. 1 PLANNING ITEM # 22884 Upon motion by Councilwoman Henley, seconded by Counciiwoman Oberndorf, City Council ADOPTED the following Resolution: RESOLUTION AUTHORIZING ENLARGEMENT OF THE NONCONFORMING USE AND REPLACEMENT OF THE NONCONFORMING MOBILE HOME LOCATED AT 6077 MARVIN ROAD (PROPERTY OF JOHN B. MUNDEN,SR.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Robert E. Fentress December 10, 1984 RESOLUTION AUTHORIZING ENLARGEMENT OF THE NONCONFORMING USE AND REPLACEMENT OF THE NONCONFORMING MOBILE HOME LOCATED AT 6077 MARVIN ROAD (PROPERTY OF JOHN B. MUNDEN, SR.) WHEREAS, John B. Munden, Sr., owner of a 12-foot by 60-foot mobile home located at 6077 Marvin Road, Virginia Beach, Virginia, desires to replace said mobile home with a 24-foot by 56-foot mobile home. The approximate location of the existing mobile home is shown within the circled area on the attached drawing labeled Exhibit A; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because mobile homes are not allowed in the AG-2, Agriculture District; and WHEREAS, pursuant to S 105(d) of the Comprehensive Zoning Ordinance, City Council may authorize enlargement or extension of a nonconforming use and reconstruction of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as reconstructed are equally appropriate or more appropriate to the zoning district than are the existing nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that enlargement or extension of the nonconforming use and replacement of the existing nonconforming mobile home located at 6077 Marvin Road, Virginia Beach, Virginia, are equally appropriate to the zoning district in which it is located than are the existing nonconformities; and City Council hereby authorizes the enlargement or extension of the nonconforming use and the replacement of the existing 12-foot by 60 foot nonconforming mobile home with a 24-foot by 56-foot mobile home on that portion of property of J.B. Munden, Sr., shown as the circled area on Exhibit A, a copy of which is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, onl)ecember 10, 1984. CJ/da 11/30/84 1 2/6/8 4 (4) December 10, 1984 -2- lit zi 9 Item II-R.2 PLANNING ITEM # 22885 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, CitY Council DENIED the following Resolution: RESOLUTION AUTHORIZING THE ENLARGEMENT AND EXTENSION OF THE NONCONFORMING USE AND THE ENLARGEMENT OF NONCONFOPMING STRUCTURES LO- CATED AT 429, 429 1/2, 431 20 STREET AND 2001 BALTIC AVENUE (PROPERTY OF CHARLES R. PITTS) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, R. 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: Robert E. Fentress December 10, 1984 RESOLUTION AUTHORIZING THE ENLARGEMENT AND EXTENSION OF THE NONCONFORMING USE AND THE ENLARGEMENT OF NONCONFORMING STRUCTURES LOCATED AT 429, 429 1/2, 431 20 STREET AND 2001 BALTIC AVENUE (PROPERTY OF CHARLES R. PITTS) WHEREAS, Charles R. Pitts desires to construct additions totalling approximately 3,999 square feet to four, single-family, detached dwellings located at 429, 429 1/2, 431 20th Street and 2001 Baltic Avenue, Virginia Beach, Virginia, which additions are shown as the shaded areas on the 'PHYSICAL SURVEY OF THE WESTERN 20' OF LOT 27 AND ALL OF LOTS 29 AND 31, BLOCK 44, VIRGINIA BEACH DEVELOPMENT CO. FOR CHARLES R. PITTS AND SARA JANE PITTS, VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto and made a part hereof (the "Survey"); and WHEREAS, the existing structures do not conform to the provisions of the Comprehensive Zoning Ordinance because more than one, single-family, detached dwelling on a single lot is not an allowed use in the C-1, Arts and Conference District; and WHEREAS, pursuant to SS105(d) of the Comprehensive Zoning Ordinance, City Council may authorize enlargement or extension of a nonconforming use and enlargement of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as enlarged are equally appropriate or more appropriate to the zoning district than are the existing nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that enlargement or extension of the nonconforming use and enlargement of the nonconforming, four, single-family, detached dwellings located at 429, 429 1/2, 431 20th Street and 2001 Baltic Avenue, virginia Beach, Virginia, which enlargements are shown as the shaded areas on the Survey, are equally appropriate or more appropriate to the zoning district in which they are located than are the existing nonconformities; and the City Council hereby authorizes the enlargement or extension of the nonconforming use and the enlargement of the nonconforming structures in the manner shown on the Survey. Adopted by the Council of the City of Virginia Beach, virginia, on CJ/cb/da DENIED 11/26/84 12/6/84 (3) -2- THIS IS TO CERTIFY THAT 1. ON ocroBeR 19, 1976 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS 0 TY. EXCEPT AS SHOWN, SIGNE D 20 LANE CONCRcrE rAcK scr iN POWER POLE r29- a LU cv .9 27 c: 431 a5' t 90 p,, 20 th STREET (80') PHYSICAL SURVEY OF THE WESTERN 20'OF LOT 27 AND ALL OF LOTS 29 AND 31, BLOCK 44, VIRGINIA BEACH DEVELOPMENT CO. FOR fm.B. 5 P T i, - 103) CHARLES R. PITTS and SARA JANE PIT rS VIRGINIA BEACH BOROUGH- VIRGINIA BEACH, VIRGINIA SCALE: I'=30' OCTOBER 19, i976 MARSH and BASGIER INCORPORATED, PC. ENGINEERS-SURVEYORS-PLANNERS 101 NORTH PLAZA-TRAIL VIRGINIA BEACH,VIRGINIA 23452 JO 319 - 76 PS 199 - 10 - Item II-H.3 PLANNING ITEM # 22886 Garm M. Cordak, the applicant represented himself Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of GARY M. CORDAK for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF GARY M. CORDAK FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING R01284694 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Gary M. Cordak, for a Conditioftal Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 600 feet west of Sandbridge Road, 1650 feet more or less north of Flanagans Lane on Lot 33, Parcel B, Lotus Garden Farms. Said parcel contains 12.39 acres. PRINCESS ANNE BOROUGH This parcel contains 211 feet of frontage. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting; 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, E. 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: Robert E. Fentress December 10, 1984 Item II-H-4 PLANNING ITEM 22887 Brad Lehman, a Member of New Life Presbyterian Church, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF NEW LIFE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01284695 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of New Life Presbyterian Church, for a Conditional Use Permit for a church on certain prop- erty 1 ocated on the west side of North Landstown Road, 1250 feet more or less southwest of Holland Road as shown on the plat entitled "Plat of Mrs. M. E. Hewett et als Land on Landstown Road" and recorded in Map Book 5, Page 227 in the Office of the Circuit Court. Said parcel contains 6.286 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. A 40-foot dedication of right-of-way along the frontage on North Landstown Road, 55 feet from the centerline of the old 30-foot right-of-way to pro- vide for an ultimate 110-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 12 - Item II-H.5 PLANNING ITEM # 22887 (a) Vincent Losciale, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ROCK MINISTRIES, INC. for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF ROCK MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE (BALL FIELDS, TENNIS COURTS AND CON- CESSION STAND) R01284696 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACR, VIRGINIA: Ordinance upon application of Rock Ministries, Inc., for a Conditional Use Permit for recreational facilities of an outdoor nature (ball fields, tennis courts and concession stand) on certain property located 6000 feet south of Indian River Road, 2200 feet more or less east of the Chesapeake City Line. Said parcel is located at 2865 Indian River Road and contains 41 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Acquiring a Health Department permit for handling of waste generated by this facility. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 13 - Item II-H.6 PLANNING ITEM # 22888 Attorney Frank E. Butler, III, the applicant, represented himself Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of FRANK E. BUTLER, ITI AND A. J. CANADA, Jr., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF FRANK E. BUTLER, TII AND A. J. CANADA, JR., FOR A CONDITIONAL USE PERMIT FOR MINI- STORAGE R01284697 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Frank E. Butler, Ill and A. J. Canada, Jr., for a Conditional Use Permit for mini-storage on certain property located on the north side of Virginia Beach Boulevard, 300 feet west of Byrd Lane. Said parcel is lo- cated at 2420 Virginia Beach Boulevard and contains 1.5 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. A 10-foot dedication of right-of-way along Oconee Avenue to provide for an ultimate 50-foot standard right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 14 - Item 11-H.7 PLANNING ITEM # 22888 Attorney Bill Wahab represented the applicant, and requested that this application be referred back to the PLANNING COMISSION, as the applicant intended this be comprised of three (3) applications for Conditional Use Permits rather than one (1) application for a Conditional Use Permit. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED Referral back to the Planning Commission; and, thereafter to be expedited to City Council, an Ordinance upon application of WILLIAM R. McQUILKlN, JR., and PATRICK S. McQUILKIN for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WILLIAM R. McQUILKIN, JR. AND PATRICK S. McQUILKIN FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING Ordinance upon application of William R. McQuilkin, Jr., and Patrick S. McQuilkin, for a Conditional Use Permit for a single family dwelling in @he AG-1 Agricultural District on certain property located 558 feet south of the eastern terminus of Drum Point Road. Said parcel contains 1.272 acres. Plats with more de- tailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 15 - Item II-H.8 PLANNING ITEM # 22889 Charles H. Foy, Jr., the applicant, represented himself Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CHARLES H. FOY, JR., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF CHARLES H. FOY, JR., FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING R01284698 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Charles H. Foy, Jr., for a Conditional Use Permit for a single family dwelling i@the AG-1 Agricultural District on certain property located 600 feet west of Charity Neck Road, 2640 feet south of Gum Bridge Road. Said parcel contains 13.563 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH This Ordinance shall be effective upon the date of adoption. Adapted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting; 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert E. Fentress, and J. Henry McCoy, Jr., D.D.S. December 10, 1984 - 16 - Item II-H.9 PLANNING ITEM # 22890 Attorney Frank E. Butler, III, represented the applicant, and requested WITHDRAWAL. Lou Pace, representing the Hunt Club Forest Civic Association, and the Board of Virginia Beach Coalition of Civic Leagues, registered in opposition but did not speak as applicant was requesting WITHDRAWAL. Upon motion by Vice Mayor McClanan, seconded by Councilman Louis Jones, City Council ALLOWED WITHDRAWAL of Ordinances upon application of HICKORY CORPORATION for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSLFICATION FROM AG-2 TO R-5 Ordinance upon application of Hickory Corporation, for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District on certain property located 320 feet southwest of London Bridge Road beginning at a pont 550 feet more or less northwest of Hunt's Neck Trail, running a distance of 330 feet in a northwesterly direction, running a dis- tance of 75 feet in a southwesterly direction, running a distance of 310 feet in a northwesterly direction, running a distance of 160 feet in a southwesterly direction, running a distance of 650 in a southeasterly direction and running a distance of 400 feet more or less in a north- easterly direction. Said parcel contains 4.3 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5 Ordinance upon application of Hickory Corporation, for a Change of Zoning District Classification from AG-1 Agri- cultural District to R-5 Residential District on certain property located 650 feet more or less southwest of London Bridge Road beginning at a point 650 feet more or less west of Hunt's Neck Trail, running a distance of 600 feet more or less in a northwesterly direction, running a dis- tance of 1050 feet in a southwesterly direction, running a distance of 500 feet more or less in a southeasterly direction, running a distance of 153 feet in a northeasterly direction, running a distance of 165 feet in an easterly direction, running a distance of 208 feet in a northerly direction and running a distance of 57 feet in a northeasterly direction. Said parcel contains 7 acres. PRINCESS ANNE BOROUGH. A N D, December 10, 1984 1 7 Item II-H.9 PLANNING ITEM # 22890 (Continued) ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO R-5 Ordinance upon application of Hickory Corporation, for a Change of Zoning District Classification from R-3 Resi- dential District to R-5 Residential District on certain property located on the southwest side of London Bridge Road beginning at a point 550 feet more or less north- west of Hunt's Neck Trail, running a distance of 400 feet more or less along the southwest side of London Bridge Road, running a distance of 320 feet in a southwesterly direction, running a distance of 330 feet in a south- easterly direction running a distance of 250 feet more or less in a northeasterly direction. Said parcel con- tains 2.15 acres. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert E. Fentress, and J. Henry McCoy, Jr., D.D.S. December 10, 1984 - 18 - Item II-H.10 PLANNING ITEM # 22891 Attorney Robert Cromwell represented the applicant. Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of LTD ASSOCIATES for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF LTD ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to H-1 Z01284918 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: Ordinance upon application of LTD Associates, for a Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on certain property located on the south side of Shore Drive, 750 feet west of Inde- pendence Boulevard and running a distance of 160 feet along the south side of Shore Drive. Said parcel is 267 feet in depth and contains 42,720 square feet. Plats with more de- tailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 19 - Item II-H.11 PLANNING ITEM # 22892 M. Albert Carmichael, the applicant, represented himself Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of CHIMNEY HILL LAND COMPANY for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF CHIMNEY HILL LAND COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-1 Z01284919 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Chimney Hill Land Company, for a Change of Zoning District Classification from B-2 Community Business District to A-1 Apartment District on certain property located on the west side of Rosemont Road, 850 feet south of Holland Road. Said parcel contains 1.949 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Buffering as determined by the Planning Department in the Site Plan Review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 20 - Item II-H.12 PLANNING ITEM # 22893 Attorney Grover Wright represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinace upon application of MARY E. WILLLAMS for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF MARY E. WILLIAMS FOR A CHANCE OF ZONING DISTRICT CLASSIFICAITON FROM R-8 TO B-2 Z01284920 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Mary E. Williams for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located on the west side of Holland Road, 170 feet more or less north of Shipps Corner Road on Lots 3 & 4, Bowen River. Said parcel is located at 3209 Holland Road and contains 10 acres. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, these conditions will be met: 1. Dedication of a variable width right-of-way along the frontage on Holland Road including permanent drainage easements and temporary construction easements as shown on the Holland Road Phase IV plans on file in the City Engineer's Office. 2. Dedication of a variable width drainage easement along the rear of the property, to provide for an ultimate 250-foot wide drainage easement for Canal #4 as shown on plans on file with the City Engineer's Office. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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 December 10, 1984 Council Members Absent: - 21 - Item II-H.13 PLANNING IIEM # 22894 Attorney Grover Wright represented the applicant and presented a site plan (A copy of which is hereby made a part of the record). Opposition: Attorney Moody Stallings Sheridan Barber, President of the Red Mill Farm Association Ray Duell, Lake Placid Civic League Lou Pace, Hunt Club Forest Civic Association Barbara Ferguson, President Hunt Club Forest Civic Association. She distributed a petition in opposition to application of the T.C.C. Development Corporation for the proposed rezoning of Pine Ridge, Phase II (a copy of said petition is hereby made a part of the record) David Langbord, Resident of Placid Lane Mary Lou Mansfield, Vice President Pine Ridge Civic League Opposition was also registered by Joe and Chris Prow to the applications of T.C.C. Development Corporation by phone to the office of the City Clerk. Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of T.C.C. DEVELOPMENT CORPORATION for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon application of T.C.C. Development Corporation for a Change of Zoning District Classification from R-3 Re- sidential District to B-2 Community Business District on property located on the west side of London Bridge Road, 2925 feet south of Harpers Road as shown on the plat entitled "Rezoning Plat of Pine Ridge - Phase II for T.C.C. Development Company" on file in the Department of Planning. Said parcel contains 5.3 acres. PRINCESS ANNE BOROUGH. Voting; 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Robert E. Fentress December 10, 1984 - 22 - Item II-H.14 PLANNING ITEM # 22895 Attorney Grover Wright represented the applicant and presented a site plan (A copy of which is hereby made a part of the record). Opposition: Attorney Moody Stallings Sheridan Barber, President of the Red Mill Farm Association Ray Duell, Lake Placid Civic League Lou Pace, Hunt Club Forest Civic Association Barbara Ferguson, President Hunt Club Forest Civic Association. She distributed a petition in opposition to application of the I.C.C. Development Corporation for the proposed rezoning of Pine Ridge, Phase II (a copy of said petition is hereby made a part of the record) David Langbord, Resident of Placid Lane Mary Lou Mansfield, Vice President Pine Ridge Civic League Opposition was also registered by Joe and Chris Prow to the applications of T.C.C. Development Corporation by phone to the office of the City Clerk. A motion was made by Vice Mayor McClanan, seconded by Councilman Robert Jones, to DENY an Ordinances upon application of T.C.C. DEVELOPMENT CORPORATION for Changes of Zoning from AG-1 Agricultural District to R-8 Residential District on a 181.37-acre parcel; from R-3 Residential District to R-8 Residential District on a 113.33-acre parcel; AND, from R-8 Residential District to PD-H2 Planned United Development District. A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman McCoy to ADOPT Ordinances upon application of T.C.C. DEVELOPMENT CORPORATION for Changes of Zoning from AG-1 Agricultural District to R-8 Residential District on a 181.37-acre parcel; from R-3 Residential District to R-8 Residential District on a 113.33-acre parcel; and from R-8 Residential District to PD-H2 Planned Unit Development District. Density shall be limited to three (3) units per acre. Voting: 4-6 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Nancy A. Creech, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Robert E. Fentress December 10, 1984 - 23 - Item 11-H.14 PLANNING ITEM # 22895 (Continued) Vice Mayor McClanan WITHDREW her motion for DENIAL, and Councilman Robert Jones WITHDREW his second of said motion. Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of January 14, 1985, Ordinances upon application of T.C.C. DEVELOPMENT CORPORATION for Changes of Zoning. These applications were DEFERRED for submittal of a revised Land Use Plan to eliminate APARTMENTS and contain a Voluntary Restriction on date to begin development, possibly January 1986. ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Ordinance upon application of T.C.C. Development Corp., for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on property located 1500 feet more or less west of London Bridge Road, 3085 feet south of Harpers Road as shown on the plat entitled "Rezoning Plat of Pine Ridge - Phase II for T.C.C. Development Company" on file in the Department of Planning. Said parcel contains 181.37 acres PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO R-8 Ordinance upon application of T.C.C. Development Corp., for a Change of Zoning District Classification from R-3 R,siden- tial District to R-8 Residential District on property located on the west side of London Bridge Road, 2815 feet more or less south of Harpers Road as shown on the plat entitled "Rezoning Plat of Pine Ridge - Phase 11 of T.C.C. Development Company" on file in the Department of Planning. Said parcel contains 113.33 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPORATION FOR A CRANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon application of T.C.C. Development Corp., for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on property located on the west side of London Bridge Road, 2815 feet south of Harpers Road as shown on the plat entitled "Rezoning Plat of Pine Ridge - Phase II for T.C.C. Development Company" on file in the Department of Planrling. Said parcel contains 300 acres. PRINCESS ANNE BOROUGH. December 10, 1984 - 24 - Item II-H.14 PLANNING ITFM # 22895 (Continued) Voting: 9-1. Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: Robert E. Fentress December 10, 1984 - 25 - Item II-H.15 PLANNING ITEM # 22896 Jack Haworth, represented the applicant, and requested DEFERRAL Reverend Warren L. Reeves also registered but did not speak Sheridan Barber registered in OPPOSITION but did not speak as application was DEFERRED. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, city Council DEFERRED INDEFINITELY Ordinances upon application of RONALD L. and HOLLY HALL for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO B-2 Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District on certain property located 140 feet more or less north- west of General Booth Boulevard beginning at a point 250 feet more or less northeast of the Intersection with Princess Anne Road Relocated as shown on the plat en- titled "Property of Ronald L. Hall" and recorded in Deed Book 1370, Page 82, and Map Book 168, Page 51. Said parcel contains 2.195 acres. Plats with more de- tailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AC-2 TO B-2 Ordinance upon application of Ronald and Holly Hall, for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located on the northwest side of General Booth Bulevard, 250 feet more or less northeast of the intersection with Princess Anne Road Relocated as shown on the plat entitled "Property of Ronald L. Hall" and recorded in Deed Book 1370, Page 82, and Map Book 168, Page 51. Said parcel contains 1.577 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CRANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon application of Ronald L. and Holly Hall, for a Change of Zoning District Classification from R-3 Residential District to B-2 Community Business District on certain parcels located on the northwest ride f General Booth Boulevard at the intersection with Princess Anne Road Relocated as shown on the plat entitled "Property of Ronald L. Hall" and recorded in Deed Book 1370, Page 82, and Map Book 168, Page 51. Said parcel contains 8.025 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, - 26 - Item II-H.15 PLANNING ITEM # 22896 (Continued) ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 to B-2 Ordinance upon application of Ronald L. and Holly Hall, for a Change of Zoning District Classification from R-3 Residential District to B-2 Communtiy Business District on certain property located at the southeast corner of General Booth Boulevard and Princess Anne Road and shown as "Residue Acreage" on that certain plat recorded in Map Book 168, Page 51, in the Clerk's Office of the Circuit Court. Said parcel contains 3.25 acres. Plats with more detailed information are available in the Department of Planning. PRLNCESS ANNE BOROUGH. This application was DEFERRED until after discussion of the Commercial Strategy in the GENERAL BOOTH CORRIDOR and ADOPTION of the COMPREHENSIVE PLAN. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 27 - Item II-I.l.a. ORDINANCE ITEM # 22897 Rae LeSesne, represented the Council of Civic Organizations, and spoke in opposition Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, authorizing the issuance of Public improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $21,400,000 (CAPITAL IMPROVEMENT BONDS) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 11- 27 -84 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $21,400,000 WHEREAS. the City has retired or will retire indebtedness in an amount of not less than $11,400,000 during 1984, so that the City will be authorized to issue bonds in an amount of at least $21,400,000 during 1984 without submitting the question of their issuance to the qualified voters; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach, Virginia, to construct and improve various public facilities and improvements, all of which will pro- mote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the City Charter (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, there are hereby authorized to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of Twenty-One Yiillion Four Hundred Thousand Dollars ($21,400,000) to provide funds, together with other funds that may be available. for the following purposes: School projects, including planning, site acquisition and improvement, construction, renovation and equipping of schools and related facilities $7,284,200 Engineering and highway projects, including right-of-way acquisition, construction, improvement and exten- sion of streets, bridges and high- ways, dredging at Rudee Inlet, and -2- studies, design and construction of drainage systems and related facilities 3,101,462 Building projects, including plan@ ning, site acquisition and improvement, construction, enlargement, renovation, equip@ing and furnishing various municipal buildings and facilities, including central library, arts center, Virginia Museum of Marine Sciences, human resources building, community center, juvenile and district court buildings and landfill expansion 7,979.188 Parks and recreation Orbjects, iri-' cluding planning, site acquisition and improvement, renovation and improvement of existing parks, and development of new parks and com- munity centers 3,035,150 TOTAL $21,400,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate premitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council sha 11 hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. I -3- 5. This ordinance shall take effect immediately. Approved this _ day of December, 1984. By Mayor FIRST READING: December 3, 1984 SECOND READING: ecember 10, 1984 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, Description Cost Charter Bonds School Projects: 1-911 Shelton Park Elementary School Renovation $ 356,000 $ 200,000 - This project is for the installation of new electric ervice and replacement of existing oil fired boilers :ith new, efficient electric pumps, and replacement of incandescent lighting with new fluorescent light- ing fixtures. 1-917 Birdneck Elementary School 7,167,699 3,280,000 - This project Is for the construction of a new elemen- tary school which will house approximately 1,590 stu- dents within 118,925 square feet of space. 1-937 Salem Junior High School 12,765,000b 425,000 - This project is for the construction of a new junior high school to house eighteen hundred students in approximately 185,000 square feet on a twenty-five acre site located in the Kempaville Borough along the future Lynnhaven Parkway. 1-951 Salem High School 17,369,200 1,069,200 - This project is for the construction of a new high school to house two thousand students within approxi- mately 236,000 square feet of space to be located in the west Kempaville area. 1-952 Rosemont Forest Elementary School 5,035,000 1,035,000 - This project is for the construction of a new elemen- tary school to house approximately nine hundred stu- dents within 66,000 square feet of space. 1-957 First Colonial High School Roofing 275,000 275,000 - This project is for the reroofing of the two story wing and the band and choral areas of the building. 1-962 Parkway Elementary School 4,900,000 1,000,000 - This project includes the construction of a new ele- mentary school along Princess Anne Road between Lynn- haven Parkway and the Navy Housing which will house approximately nine hundred students. Total School Projects $ 47,867,899 $ 7,284,200 Page 1 L/89MCIP/1984C-1 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, De tion Cost Charter Bonds Engineering and Highway Projects: 2-021 Rural Road Demonstration Projects $ 250,000 $ 250,000 - This project involves the reconstruction and/or widening of existing substandard rural roads to pro- vide a minimum travel lane of twelve (12) feet on collector roads and eleven (11) feet on local roads with adequate ahoulders. 2-410 Great Neck Road - Phase 11 16,314,000a 340,725 -This project is for the construction of a four-lane divided arterial street, approximately 2.2 miles long, from Shorehaven Drive to Shore Drive including a high-rise bridge over Long Creek and Long Creek Canal. Sufficient right-of-way will be acquired to expand the facility to six lanes. 2-412 Virginia Beach Boulevard - Phase 1 15,911,200a 300,000 -This project is for the reconstruction of Virginia b Beach Boulevard into an eight-lane divided arterial - from Witchduck Road to Rosemont Road, a distance of approximately 3.3 miles. Construction will be coor- dinated with projects #5-950 Virginia Beach Boule- vard - Phase I and #6-825 Virginia Beach Boulevard - Phase 1. 2-600 Virginia Beach Boulevard - Phase II 15,169,900a 100,000 -This project is for the reconstruction of Virginia Reach Boulevard into an eight-lane divided arterial highway from Rosemont Road to Great Neck Road, a dis- tance of approximately 3.0 miles. Construction will be coordinated with projects #5-990 Virginia Beach Boulevard - Phase II and #6-954 Virginia Reach Boule- vard - Phase 11. 2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 834,775 471,799 - This project is for a hydraulic study with the subse- quent design and construction of structure improve- ments at the access road, and will also include major channel work for residential drainage systems with outfall into Stumpy Lake Reservoir. Page 2 L/89MCIP/1984C-2 CITY OF VIRGINIA BEACR, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN TRE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, Description Cost Charter Bonds Engineering and Highway Projects: (continued) 2-817 Chesapeake Reach Drainage - Phase 1 $ 524,074 $ 89,009 - This project is for installation of a pump station outfall for Pleasure House Lake. 2-828 Independence Boulevard Intersection at Ferrell Parkway 525,000 25,000 - This project is for advanced site acquisition for a future interchange as approved in the City Master Street and Highway Plan. 2-830 Rudee Inlet Dredging 1,162,000b 36,000 - This project will provide semi-annual maintenance dredging of Rudee inlet as proposed by the U.S. Army Corps of Engineers with city participation in the initial construction cost. 2-836 Haygood Road 6,680,000a 611,772 -This project is for the reconstruction of the exist- ing 2.1 mile two-lane road to a four-lane facility from Independence Boulevard to Bayside High School and provides for a new alignment between Bayside High School and Diamond Springs Road to connect with Wesleyan Drive extended. 2-911 Kempaville Road - Phase 11 4,878,350a 235,350 - This project is for the construction of a 1.779 mile four-lane divided arterial street and bikepath from Indian River Road to Centerville Turnpike. Construc- tion will be coordinated with project #5-939 Kemps- ville Suction Main - Phase 11. 2-926 Atlantic Avenue Beautification 28,664,750 270,000 -This project consists of roadway improvements, land- scaping development, and beautification of Atlantic Avenue from the Rudee Loop to 40th Street, a distance of approximately 14,500 feet. Project will be coor- dinated with projects #5-966 Atlantic Avenue Improve- ments and #6-925 Atlantic Avenue Improvements. 2-953 Beggars Bridge 350,957 6,807 - Thia project is for the replacement of the existing bridge on Muddy Creek Road with a new structure. Page 3 L/89MCIP/1984C-3 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE Fy 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number. Title, Description Cost Charter Bonds Engineering and Highway Projects: (concluded) 2-962 Pungo Ferry Road Bridge 7,961,195 $ 100,000 - This project is for the replacement of the existing swing span and bridge approach spans. 2-977 Shore Drive Bridge over Eastern Shore Railroad 1,700 Oooa 65,000 - This project is for the replacement of the existing bridge on Shore Drive where it crosses the Eastern Shore Railroad at the western city line. 2-995 Independence Boulevard/Buckner Boulevard 500,000 200,000 -This project is for the construction of two lanes of a future four-lane highway through a portion of Green Run. Independence Boulevard will be constructed from Buckner Boulevard to Princess Anne Road. A portion of Auckner Boulevard will be constructed to extend the road to Rosemont Road. Total Engineering and Tlighways $ 101,426 2@01 $ 3,101,462 Building Projects! 3-905 Central Library $ 11,107,800 $ 3,829,118 -The Central Library is designed as a two-story faci- lity of 90,000 square feet and will be the core of the book, media, and information delivery system of the library. it will be constructed on a 610' x 500' site located east of Thalia Road along Virginia Beach Boulevard at its intergection with Stepney Lane. 3-928 Virginia Museum of Marine Sciences 5,784,402" 1,000,000 -The museum will consist of a 41,500 square foot buil- ding to be constructed at owl Creek. Exhibits and programs will focus on Virginia Beach's marine en- vironment; approximately half of the exhibits will consist of live marine animals which will be dis- played in the museum's 100,000 gallons of marine aquaria. Page 4 L/89MCIP/1984C-4 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN TRE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, Description Cost Charter Bonds Building Projects: (continued) 3-933 Landfill #2 - Expansion $ ,4,,,1,7c $ 1,183,115 -Project includes the acquisition of 262 acres of land adjacent to the present Landfill #2 and the prepara- tion of that land for use as a landfill. Project also includes material to close out existing portion of landfill and provides for land acquisition for future expansion. 3-938 Human Resources Building Renovation 2,000,000 800,000 -'This project includes renovation of 15,200 square feet of the Social Services Building for use as a Health Department Clinic and operational facilities to replace the Bayside and Municipal offices, and 9,800 square feet for a Mental Health and Mental Retardation Sheltered Workshop. 3-948 Virginia Beach Arts Center - Site Work 283,805 283,805 -This project will provide the drainage, roads, and utility facilities for a new 20,000 square foot con- temporary structure to house exhibition galleries, art studios, classrooms, and a 300 seat auditorium. This structure will be built with private funds and will replace the current structure built before World War 11. 3-949 Seatack Community Center 300,000 300,000 -This project is for the construction of a community center on the same property as the existing struc- tiire, currently under code violations, with meeting rooms, restrooms, heating, lighting, air condition- ing, outside hard surface recreation area, and site improvements. 3-950 Juvenile Court Buildings and District Court Building Renovation 5,671,000 500,000 -This project includes construction of a 80,000 square foot building to include courtrooms, hearing rooms, and attorney conference rooms area for Juvenile Court Clerk and Juvenile Probation. Also includes renova- tion of existing Juvenile Court area of the District Court Building for use by General District Court. Page 5 L/89MCIP/1984C-5 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number. Title, Description Cost Charter Bonds Building Projects: (concluded) 3-959 Tidewater Community College Site Improvements - Phase IIR $ 304,818 $ 83,150 - This project will provide site development associated with the construction of the Phase IIB building. Total Buildings $ 33,910, l@2 $ 7,979,188 Parks and Recreation Projects: 4-801 Virginia Beach Recreation Center - Great Neck - Phase I $ 3,374,670 $ 700,000 This is the first phase of construction of a communi- ty center which includes a 50 meter indoor pool, gym- nasium, meeting rooms, and parking areas located off Shore Haven Drive at Great Neck Park. This phase provides for pool support facilities and the design of a total recreation center. 4-807 Great Neck Meadows Park 373,500 127,024 - This project provides for the acquisition and deve- lopment of a 10.8 acre park site located at Calypso Lane within the Great Neck Meadows subdivision. The subdivision will have approximately 1,100 residents. The development includes a multipurpose field, play- ground equipment, and picnic facilities. 4-808 Saw Pen Point Park 268,500 84,126 - This project provides for the acquisition and deve- lopment of a 4.6 acre park site located at the inter- section of Saw Pen Point Trail and Tree Chop Trail. The Saw Pen Point subdivision will have approximately 300 residents. The development includes playground apparatus, picnic facilities, and two tennis courts. Page 6 L/89MCIP/1984C-6 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, Description Cost Charter Bonds Parks and Recreation Projects: (continued) 4-913 Great Neck Park Development $ 1,649,708 $ 817,000 -This project involves developing a 70 acre park site which is contiguous to the Lynnhaven Bay. It is 10- cated in the Lynnhaven Borough and is accessed by Great Neck Road and Shorehaven Drive. The develop- ment includes picnic and group shelters, open space with jogging, hiking, and nature trails, playground apparatus, and athletic fields for softball, foot- ball, and soccer. An amphitheater, access road, parking area, and restroom facilities will also be constructed. 4-915 Lynnhaven Park (Racquetball Court Addition) 208,203 58,000 - This project involves the addition of four racquet- ball courts to the existing four courts, plus a screen covering, and an observation deck. 4-919 Birchwood, Malibu and Carolanne Farms 600,000 200,000 -This project provides for acquisition and development of two sewage treatment plant sites. County Utili- ties, designated as Parcel A, contains approximately 14 acres and is located at Royal Palm Arch in the Lynnhaven Borough. Kempaville Utilities, designated as Parcels B and C, contains 22.018 acres and is located at Challedon Drive in the Kempsville Borough. 4-927 Virginia Beach Recreation Center/ Kempsville Air Conditioning 296,300 24,000 -This project provides for an addittonal air condi- tioning unit capable of conditioning and improving air quality in the following areas: gymnasium; men's and women's locker rooms; and the hallways leading to the pool, racquetball court, and exercise rooms. 4-931 Sajo Farms Manor Renovation 1,100,000 55,000 -This project involves the renovation of the 14,500 square foot Sajo Farms Manor and the 4.6 acre manor site. Renovation includes improvements to the inter- ior and exterior necessary to make the location ac- ceptable and safe for public use. Adaptations will be made in order to serve the handicapped. Funding does not provide for the access road. Page 7 L/89MCIP/1984C-7 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS FUNDED BY 1984 CHARTER BONDS IN THE FY 1984-85 - FY 1988-89 CIP Amount Estimated Funded by Project 1984 Project Number, Title, Description Cost Charter Bonds Parks and Recreation Projects: (concluded) 4-932 Munden Point Bulkheading $ 335,000 $ 335,000 - This project involves constructing a bulkhead along 2,500 feet of coast line composed of five fingers of land, located within Munden Point Park. 4-933 Virginia Beach Recreation Center - Bayside 635,000 635,000 - This project provides funding for consultant fees for a community center, which will include an indoor 75'x 45' Z-shaped pool, multipurpose room, program area to include therapeutics, bowling, racquetball, and park- ing area. The proposed location is in the Bayville Farms Park area. Total Parks and Recreation Projects $ 8,840,881 $ 3,035,150 TOTAL PROJECTS FUNDED BY 1984 CHARTER BONDS $ 192 044 993 $ 21,400,000 Estimated Project Cost Funding Summary: 1984 Charter Bonds $ 21,400,000 City Financing to Date 17,380,354 Future City Funding 84,518,765 a State Cost Participation 45,958,302 b Federal Cost Participation 21,316,685 c City of Norfolk Cost Participation 1,470,887 Total $ 192,044,993 Page 8 L/89MCIP/1984C-8 - 28 - Item II-I.2.a. RESOLUTION ITEM # 22898 Anita Poston, Attorney for ASSOCIATION OF MARYLAND PILOTS, spoke concerning this Resolution Upon motion by Councilman Louis Jones, seconded by Councilwoman Meyera Oberndorf, City Council ADOPTED the following Resolution: Resolution approving the exercise of the City of Virginia Beach Development Authority of powers conferred by the Industrial Development and Revenue Bond Act and Ordinances of the City of Virginia Beach in conjunction with financing the acquisition, constructing and equipping in Virginia Beach, Virginia.of a marine operations dormitory and related facil- ities located in the vicinity of the Lesner Bridge, Shore Drive and the acquisition of an interest in the Cape Henry Pilot Control Tower for the ASSOCIATION OF MARYLAND PILOTS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 SUMMARY SHEET CI'I'Y 01-' ViliGINIA 13k,ACit DLVLI:LOPMENT AUTHOilITY INDUS'I'RfAf, DI@'VELOPMENT REVENUE BOND 1. PROJECT NAME: Association of Maryland Pilots Facility 2. LOCATION: Shore Drive, Lynnhaven Inlet and Coast Guard Station, Fort Story 3. DESCRIP'.VION OF PROJEC'P: Acquisition, construction and equipping of a 2-story marine operations dormitory and one- half interest in pilot control tower 4. AMOUNT U[,' L30iqU ISSUI@L: $2,000,000.00 . ..... ----------- 5. PRINCIPALS: Individual members of Association of Marylar Pilots, an unincorporated association 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B- 4 b. Is rezoning proposed? Yes x No C. If so, to what zoning ClaSSification? FISCAL IMPACT STATEMENT SUBMITTED TO THE INDUSTRIAL DEVELOPM2NT AUTHORITY OF THE CITY OF VIRGINIA BEACH The undersigned applicant, in order to permit the Chairman of the Industrial Development Authority of the City of Virginia Beach to subniit the following information in compliance with Section 15.1-1378.2, Code of Virginia of 1950, states: NAME OF APPLICANT: ASSOCIATION OF MARYLAI@D PILOTS Facility: 1 - Maximum amount of financing sought $ 2 , 0 0 0 , 0 0 0 2. Estiiaated taxable value of the Facility's real property to be constructed in the SOO,000 to City of Virginia Beach $ 700,000 3. Estimated real property tax per year using present tax rates $ S,600 4. Estimated personal property tax per year using present tax rates $ 3,000 5. Estiniated business license tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 200,000 7. Estimated number of regular employees on year round basis $ 16 8. Average annual salary per employee $ )s 000 City if Virginia Beach Development Authority By Economic impact Statement 1. Amount of investment $ 0 2. Amount of industrial revenue bond financing sought s nno nno 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach s soo,oon 4. Estimated real property tax per year using present tax rate $- S,600 5. Estimated personal property tax $ 3@ono 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 16 B. Payroll generated $ @S 0 Av. Wage s 2S,000 C. Number of jobs retained None D. Payroll retained $ None Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Dormitory Furnishin@s $ Navigation Equipme'nIt $ 17S,000 Furnishings - Office $ 25,000 TOTAL $ 200.000 F. Estimated building permit fee and other municipal fees $ s,soo G. Estimated construction payroll $100,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $180,000 I. Estimated number of construction jobs 60 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project mi,iiiinal impact on scliools and city services 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes No 8. Has a bond purchase 4qwi @tR@ .RR,@/commitment been accepted by the applicant? (attach a copy) Yes x No - 9. will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) Shore Drive Lynnhaven Tnlet ini-,i 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (-Applicant) Subscribed and sworn to before me this day of 1 9 8 4 . Notary Public My Commission Expires: Calendar for 1984 1985 A- 1984 industrial revenue bonds will be issued in accordance with Executive Order 50 from the Governor of Virginia as executed on July 31, 1984, and any amendments thereto. B. 1985 Calendar Committee tin Month VBDA City Council Jan. Feb. 19th. Mar. IRB allocation Apr. 9th 15th. May llth June All previous allocations closed & IRB allocations July 9th 15th Aug. 17th. Sept. IRB allocation Oct. 8th 14th Nov. All previous allocations closed Dec. 6th Reallocation of all unused allocations D 10th (Pending CC meeting) k L VIRGINIA BEACH, VIRGINIA RESOLUTION A RESOLUTION APPROVING THE EXERCISE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF POWERS CONFERRED BY THE INDUSTRIAL DEVELOPMENT AND REVENUE BOND ACT AND ORDINANCES OF THE CITY OF VIRGINIA BEACH IN CONJUNCTION WITH FINANCING THE ACQUISITION, CONSTRUCTING AND EQUIPPING IN VIRGINIA BEACH, VIRGINIA OF A MARINE OPERATIONS DORMITORY AND RELATED FACILITIES LOCATED IN THE VICINITY OF THE LESNER BRIDGE, SHORE DRIVE AND THE ACQUISITION OF AN INTEREST IN THE CAPE HENRY PILOT CONTROL TOWER, FOR THE ASSOCIATION OF MARYLAND PILOTS. WHEREAS, Chapter 643 of the Acts of Assembly of 1964, as amended, authorizes the creation of the City of Virginia Beach Development Authority (the "Authority") and the Council of the City of Virginia Beach created the Authority by adoption of an appropriate ordinance (collectively, the "Act") and the Act empowers the Authority to assist the Association of Maryland Pilots (the "Purchaser") in acquiring certain property containing approximately twenty-two hundredths (.22) of an acre of land located on the waterfront along the Lynnhaven River in the vicinity of the Lesner Bridge, Shore Drive (the "Lynnhaven Land") and constructing thereon and equipping thereof a two-story "L" shaped marine operations dormitory and related facilities (the "Lynnhaven Improvements") and in addition the acquiring of a one-half (1/2) interest in the pilot control tower located at the U.S. Coast Guard facility adjacent to Cape Henry Road, Fort Story, U.S. Army installation, together with a similar interest in the related communication equipment (together the "Cape Henry Tower") (the Lynnhaven Land, Lynnhaven Improvements and the Cape Henry Tower are collectively the "Facility") all located in the City of Virginia Beach, Virginia (the "City"), and to be owned and operated by the Purchaser in its business of piloting vessels to various ports along the Chesapeake Bay and its tributaries. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code") requires approval by this Council of the issuance of any industrial development revenue bonds by the Authority after it has held a public hearing to consider the issuance of such bonds as one of the acts required in order for the interest on such bonds to qualify for exemption from the imposition of federal income tax; and WHEREAS, the Authority held a public hearing on November 30, 1984, in compliance with requirements of the Code and the Act and after such public hearing did adopt a resolution declaring its intent to issue an amount not to exceed $2,000,000.00 of its Industrial Development Revenue Bonds (Association of Maryland Pilots Facility), (the "Bonds") subject to the adoption of this resolution; and WHEREAS, the Authority has reconunended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Council; now, therefore, BE IT RESOLVED by the City Council of the City of Virginia Beach: Section 1:- That, relying upon the representation of the Authority by its counsel, that recitals in the preambles hereto are found to be true and correct in all respects and are adopted as findings of this Council as if fully rewritten. Section 2:- That the Facility proposed to be financed in part by the issuance of the Bonds is deemed appropriate for such financing and, accordingly, the issuance of the Bonds is hereby approved. Section 3:- That this resolution shall be in effect from and after its adoption. Adopted by Council DecemberlO , 1984 Effective December -, 1984 - 29 - Item II-I.3.a RESOLUTION ITEM # 22899 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Resolution: RESOLUTION INVITING AND ENCOURAGING ISSUANCE OF SPECIAL REVENUE BONDS THROUGH SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TO WILDWOOD ASSOCIATES IN THE AMOUNT OF $9,000,000. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY WILDWOOD ASSOCIATES 1. PROJECT NAME: (WILDWOOD APARTMENTS) 2. LOCATION: Wildwood Drive and Country Mill Road Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 180 apartment units 4. AMOUNT OF BOND ISSUE: $9,000,000.00 5. PRINCIPALS Benjamin J. Levy Frank R. Spadea Herbert L. Kramer Jeffrey L. Kramer Richard Kramer Edward A. Kramer 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is Rezoning proposed? Yes No x c. If so, to what zoning classification? The purpose of this Resolution is to encourage the Suffolk Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Wildwood Associates (Wildwood Apartments). .HA *WILDWOOD APARTMENTS WILDWOOD ASSOCIATES PROJECT NAME: (WILDWOOD APARTMENTS) PROJECT LOCATION:WILDWOOD DRIVE AND COUNTRY MILL ROAD VIRGINIA BEACH, VIRGINIA TYPE OF PROJECT: 180 unit multi-family residential rental housing project RESOLUTION WHEREAS, Wildwood Associates, a Virginia limited partnership in formation (the "Developer"), desires to acquire, constrct and equip a multi-family housing project consisting of 180 housing units and associated amenities (the "Project") on Wildwood Drive at or near its intersection with Country Mill Road in the Hilltop section of Virginia Beach, Virginia, and to operate the Project so as to make available at least 20% of the housing units to person of low or moderate income; and WHEREAS, the City of Virginia Beach wishes to foster the availability of housing to persons of low or moderate income; and WHEREAS, the Developer desires to finance the acquisition, construction and equipping of the Project with the proceeds of industrial development bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Suffolk Redevelopment and Housing Authority has the power to make loans for assistance in the acquisition and construction of residential buildings and in housing construction, and has the power to issue its bonds for the benefit of the Developer to make such a loan; and WHEREAS, there is a shortage of safe or sanitary dwelling accommodations in the City of Virginia Beach available to persons of low income at rentals they can afford; and WHEREAS, these conditions can best be remedied through the exercise of the Suffolk Redevelopment and Housing Authority's powers with the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Suffolk Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encourage to issue its bonds for the benefit of the Developer and the futherance of said purposes. 2. The Chairman or Vice-Chairman of or counsel selected by the Authority is hereby authorized to attend to the institution of a proceeding on the Authority's behalf, if requested to do so by the Developer, in the Circuit Court of the City of Suffolk to provide for the judicial validation of the bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, and, in connection therewith, to take whatever further action, including the prosecution of an appeal, as is deemed necessary or desirable in order to provide for validation of the bonds. 3. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged therefor. ADOPTED: December 10, 1984 GKQ.RESO.WILD.12/3/84 - 2 - 30 - Item II-J. CONSENT AGENDA ITEM # 22900 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION Items 1 thru 13 EXCEPT Item 12 which was DEFERRRED. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones Councilman Louis Jones ABSTAINED on Items No. 4 and 10. December 10, 1984 - 31 - Item II-J. 1 CONSENT AGENDA ITEM # 22901 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED a RESOLUTION IN RECOGNITION to: Major C. H. PAYNE and PATROLMEN Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Heniey, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 31a RESOLUTION IN RECOGNITION WHEREAS: The City of Virginia Beach has realized a 24.5 percent increase in population since the 1980 United States Census; WHEREAS: This fast growing metropolis has installed computerized signalization of traffic lights and constantly monitors the need for road improvements. There is still a need to shuttle thousands of automobiles of various styles and description during rush hours when people move to and from schools, military bases, businesses and homes into uncontrolled congestion at various intersections; and, WREREAS: The Virginia Beach City Council realizes these roads and highways are more aptly described as "people movers", they seek to find ways to enhance the comforts of Virginia Beach citizens. Therefore, this governing body requested "on duty" police officers patrol the crowded intersections of Independence Boulevard -- the hub of this city -- at Jeanne and Broad Streets, Virginia Beach Boulevard, Columbus Loop, Bonney and Baxter Roads as well as the north and south on/off ramps of Expressway 44 Monday through Friday from 7 - 9:00 AM and 3:30 - 6:00 PM September 28 through November 12, 1984. NOW, THEREFORE, BE IT RESOLVED: That Major C.H. Payne, Commanding Officer of the Uniform Police Division, and his Patrolmen be recognized for "Service Beyond the Call of Duty" in this recent endeavor to direct traffic safely through rain or shine at these busy thoroughfares. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation to Major C. H. Payne and Captain T.V. Irving Officer E.M. Coyle Lieutenant E.E. Rorrer Officer M. Kennedy Lieutenant F.H. Drew Officer C.L. Carvin Sergeant J.M. Patterson Officer A.J. Rombs Sergeant C.E. Morris Officer S.R. Mozer Sergeant V.P. Morkunas Officer H.E. Fawley Sergeant N.S. Sitarski Officer S.C. Smith Sergeant J.E. Howland Officer M.T. Carey Master Police Officer H.E. Tate Officer D.C. Lackey Master Police Officer H.T. White Officer T.E. Bishop Master Police Officer C.J. Condon Officer R.A. Rice Master Police Officer M.A. Richards Officer T.R. Pearsall Master Police Officer J.R. Sherwood Officer D.T. McGrattan Master Police Officer K.W. Wesseler Officer D.V. Golia Master Police Officer D.B. Free Officer D.J. Campbell Master Police Officer R.G. Bach Officer A. Sokolik Master Police Officer P.J. Bender Officer J.E. Lynch Master Police Officer P.A. Cough Officer B.J. Ruby Master Police Officer G.W. Lawrence Officer R.C. Provo Master Police Officer P.J. Lanteigne Officer B.B. Batten Given under my hand and seal this Tenth day of December, Nineteen Hundred Eighty-Four. December 10, 1984 - 32 - Item II-J.2 CONSENT AGENDA ITEM # 22902 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution requesting the Virginia Department of Highways and Transportation to handle all negotiations, condemnations, and relocation assistance, if any, for the VIRGINIA BEACH BOULEVARD PHASE II Project. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 32a - R E S 0 L U T I 0 N WHEREAS, an ordinance adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of January, 1979, authorized the acquisition of property in fee simple for right-of-way for Virginia Beach Boulevard; and WHEREAS, the Virginia Department of Highways and Transportation will undertake to do the necessary title and legal work, to appraise the rights-of-way and handle all negotiations, condemnations and relocation assistance, if any, for Phase II of the aforesaid project, from Rosemont Road to Farmington Road, upon authority so to do from the City of Virginia Beach, Virginia; NOW, THEREFORE, BE IT RESOLVED; that the City Council of the City of Virginia Beach hereby requests the Virginia Department of Highways and Transportation to do all title and legal work, appraise the riqhts-of-way for Phase II of the Virginia Beach Boulevard Project, #0058-134-101, C503, from Rosemont Road to Farmington Road, and to handle all negotiations, condemnations and relocation assistance, if any, for the aforesaid project. Adopted by the Council of the City of Virginia Beach, Virginia, on December 10,, 1984. JAR/re 11/20/84 (RES.4) U December 10, 1984 - 33 - Item 11-J.3 CONSENT AGENDA ITEM # 22903 The City Manager advised Council the water facilities for KEMPSVILLE COMMONS basically was an interconnection between existing lines and a new line constructed to boost fire safety requirements. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute a Cost Participation Agreement for WATER FACILITIES in KEMPSVILLE COMMONS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 33a - A RESOLUTION ATJTHORIZING THE CITY MANAG@,R TO KXE('IJTE A COST PARTICIPATION AGREEMENT FOR WATER FACILITIES IN KEMPSVILLE COMMONS WHEF,EAS, A. L. Bonney, Jr. is desirous of developing land located iii the KempsviLle Borough in accordance with the terins and conditions of the city ordinances, atid WHEREAS, the city desires to enter into a cost participation agreement requesling the developer to engage in construction greater in sc,)pe Lhan @s necessary for the pro.ject in order to provide water service to citizens outside the pro,ject LimiL.5, anci WHEREAS, the city's share of costs is estimated at $9,790 for water irnprovements wilh such costs to be charged to existing capital project #5-304 Small Line Improvernents, and WHEREAS, skich constructlon at this time will provide for fulure needs and prevent the city from havit)g, to incur additional operating and maintenance costs at a later date. NOW THEREFORE, BE IT ORDAINED BY THE ('OUNCIL OF THE CITY OF VIRCI.NIA BFA(,H, that the City Manager is hereby authorized to execute a cost participation agreemerit with A. ],. Boniiey, Jr. for construclion of water faciliLies in Kempsville Commons. Adopted by the Council of the City of Virginia Beach on Lhe 10 day of December 19 84 December 10, 1984 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEME T (WATER) THIS AGREEMENT, Made this -day of 19 1 by and between _A 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 Commons and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of tlie City ordinances and agrees to conform to said ordinances; and WliEREAS, in order for Owner to provide water service to this Prc>ject, it is necessary for Owner to construct certain water facilities; and WHEREAS, the City has requested that such construgtion be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to tbe City in providing service to customers otber than tbose within the Project limits; NOW, TliEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner sball 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 ( 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, connect, or permit the connection of any other water facility tO the System. Any such connection may be at any point, and the right at any time to use the System to serve City shall bave the persons within and without the Project limits. 4. ljpon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, wa-ter mains, valves, fittings, and all other facilities, sball 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 tbe system. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole Cost shall defend the City against sucb claim. 6. Tbis Agreement shall inure to tbe benefit of and be binding upon the parties hereto and tbeir respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in tbe Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WIIEREOF, has caused its name to be hereunto signed by -, and the City of Virginia Beach, Virginia has caused its name to be hereunto signed by its City Manager. WITNESS the following signatures and seals. a Notary Publ ic for tbe City of v-@ 't @i c- State of Acknowledged and sworn before me this day of y- 19W- 7zy @Co mmi @ton Exp@tr,@,@ luly 23,1988 ic By A. L. Bonney, Jr. CITY OF VIRGINIA BEACH, By CITY A-i City Manager RD OL (111 0,11 Hi RN RN B[Vo VI.L. INSTAL !@IR. BONNE-- Kempsville Meado@vs GC ussi Exhibit Showing Water System Interconnection for Kempsville Commons - 34 - Item 1I-J.4 CONSENT AGENDA ITEM # 22904 Upon motion by Councilman Baum, seconded by Councilwoman oberndorf, CitY Council ADOPTED an ordinance to amend and reordain Section 10.5-2 of the Code of the City of Virginia Beach, Virginia, pertaining to permit required to operate an EMERGENCY MEDICAL SERVICES AGENCY OR VEHICLE in the City. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining; Louis R. Jones Council Members Absent: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 34a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 10.5-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PERMIT REQUIRED TO OPERATE AN EMERGENCY MEDICAL SERVICES AGENCY OR VEHICLE IN THE CITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10.5-2 of the Code of the City of Virginia Beach, Virginia, pertaining to permit required to operate an emergency medical services agency or vehicle in the City is hereby amended and reordained to read as follows: Section 10.5-2. Permit required. (a) It shall be unlawful, in accordance with section 32.1-156, Code of Virginia, for any individual or organization to operate an emergency medical services agency or vehicle in the city for emergency transport purposes or nonemergency transport purposes, excepting the division of emergency medical services of the city as provided for by chapter 2, article XIX, section 2-421 of this Code without first being granted a permit to do so by the city council. (b) All permits issued pursuant to subsection (a) above and in effect on January 1, 1985, shall expire on June 30, 1985. Applications for renewal permits shall be accepted beginning thirty (30) days prior to June 30, 1985. Any permit issued for the first time or as renewal shall be an afinual permit valid from the date issued until the 30th day of June after the issuance date, and applications for renewals of such permits shall be accepted beginning thirty (30) days prior to the 30th day of June of the year of expiration. However, any permit issued under this section may be revoked or suspended at any time by city council for failure of the permit holder, his agents, and/or employees to comply with all applicable statutes, ordinances, rules, regulations, policies and procedures. December 10, 1984 - 34b - (c) The number of ambulances, prescribed areas of operation, prescribed levels of care rendered, fixed charges and fees for services delivered, required limits of liability insurance coverage and other rules and regulations not inconsistent with the laws of the commonwealth shall be prescribed for under said permit. Adopted this 10 day of December 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da MISC.1 11/29/84 APppoVED AS TO E!@1,T December 10, 1984 -2- - 35 - Item II-J.5 CONSENT AGENDA ITEM # 22905 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend Article II, Section 5-31 by adding (17) to the Code of the City of Virginia Beach, Virginia, pertaining to BIRD SANCTUARIES (Lake Placid). Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 35a - REQUESTED BY: COUNCILMEMBER REBA McCLANAN AN ORDINANCE TO AMEND ARTICLE II, SECTION 5-31 BY ADDING (17) TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BIRD SANCTUARIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article II, Section 5-31 by adding (17) to the Code of the City of Virginia Beach, Virginia, pertaining to Bird Sanctuaries is hereby added to read as follows: Section 5-31. Established; purpose. The following described areas in the city are hereby declared to be bird sanctuaries for the protection of all birds: (1) North Thalia in Kempsville Borough: Beginning at a point in the center of Thalia Creek on the north side of U.S. Route 58 (Virginia Beach Boulevard); thence in a northerly direction following the center of Thalia Creek to the merger of Thalia Creek, the western branch of Lynnhaven River and Buchannan Creek; thence in an easterly direction along the center of Buchannan Creek (Lynnhaven and Kempsville Borough line) to the northeast boundary of Thalia Shores; thence in a southerly direction along the Lynnhaven and Kempsville Borough line to a point; thence along the borough line in a westerly direction approximately twelve hundred (1200) feet, more or less, to a point; thence along the borough line in a southerly direction to the north side of U.S. Route 58 (Virginia Beach Boulevard) and Route 1192 (West Brook Road); thence in a westerly direction along U.S. Route 58 to the point of beginning. (2) Chesopian Colony in Lynnhaven Borough: Beginning at a point in the center of Pine Tree Branch on the north side of U.S. Route 58 (Virginia Beach Boulevard); thence in a northerly direction following the center of Pine Tree Branch to the merger of Pine Tree Branch, the eastern branch of Lynnhaven River and London Bridge Creek; thence in a southeasterly direction along the center of London Bridge Creek to U.S. Route 58 (Virginia Beach Boulevard); thence along the north side of U.S. Route 58 in a westerly direction to the point of beginning. (3) The subdivisions known as Kings Grant, Alanton, Kings Forest, Malibu, Birchwood Gardens, Lynnhaven Acres, Cape-Story-By-The-Sea, Bay Island and Trantwood Shores in the Borough of Lynnhaven and Nottingham Estates, Laurel Cove and Aragona Village in Bayside Borough. (4) All that certain area located in Lynnhaven Borough, including, but not limited to those subdivisions known as Wolfsnare Plantation, Southern Points, Robin Hood Forest and Great Neck Estates, and being more particularly described as follows: Beginning at a point in the center of Wolfsnare Creek on the western side of Great Neck Road; thence in a westerly direction following the center line of Wolfsnare Creek to the merger of -2- Wolfsnare Creek and the eastern branch of the Lynnhaven River; thence in a northerly direction along the center line of the eastern branch of the Lynnhaven River to the merger of the center line of the eastern branch with Inlynnview Road extended; thence, in an easterly direction and running parallel to Robin Hood Road, down the center of Inlynnview Road to the intersection of Inlynnview Road and Five Points Road; thence in a northerly direction, down the center of Five Points Road to the point of intersection of Five Points Road and Rose Hall Drive; thence in an easterly direction, down the center of Rose Hall Drive to the intersection of Rose Hall Drive with Great Neck Road, thence in a southerly direction and traveling along the western right-of-way line of Great Neck Road, to the point of merger of the center line of Wolfsnare Creek with the western right-of-way line of Great Neck Road, said point being the point of beginning. (5) All that certain area bounded on the north by Shore Drive, on the south by Long Creek, on the west by Great Neck Road and on the east by the subdivision known as Cape-Story-By-The-Sea. (6) The subdivision known as Lakeview Shores, Lake Smith Terrace, Lake Smith Terrace-West, Thoroughgood, Thoroughgood Estates, Lake Shores, Bayville Park, -3- Baylake Pines and Baylake Beach in Bayside Borough. (7) All that certain area located in Princess Anne Borough being described as follows: From the intersection of the center line of Hell Point Creek and Tabernacle Creek to its intersection with the center line of Muddy Creek to its termination at North Bay, then northwardly along the center line of Hell Point Creek to the point of origin. (8) The subdivisions known as Kempsville Heights, Point-of-View, Arrowhead, Carolanne Farms, Huntington, Fairfield, Kempsville Manor, Kempsville Gardens, Lark Downs, Larkspur, Kempsville Colony, Bellamy Manor, Acredale, Reverton, Lakeville Estates and Stratford Chase in Kempsville Borough and Fawn Village at Indian Lake. (9) All that certain area located in Princess Anne Borough being described as follows: From the center line of North Landing Road easterly five hundred (500) feet and westerly five hundred (500) feet and running parallel to North Landing Road from the south line of Indian River Road to the Chesapeake City boundary line on the Intercoastal Waterway. (10) The subdivision known as Lago-mar in Princess Anne Borough. (11) The subdivision known as Green Run in Princess Anne Borough. The subdivisions known as Pembroke Meadows, Pembroke Manor, Witchduck Point and Witchduck Bay in Bayside Borough. -4- (13) The subdivision known as Lynnhaven Colony. (14) All that certain area known as Chesapeake Beach in the Bayside Borough of the city; said area is bounded on the south by Shore Drive, bounded on the north by Chesapeake Bay, bounded on the west by Little Creek Amphibious Base, and bounded on the east by the subdivision known as Baylake Pines. (15) All that certain area known as Princess Anne Plaza in the Lynnhaven and Princess Anne Boroughs of the city; said area is bounded on the north by the Virginia Beach toll road, bounded on the west by Rosemont Road, bounded on the south by Holland Road and Lynnhaven Parkway, and bounded on the east by Lynnhaven Parkway. (16) All that certain area known as Wolfsnare in the Lynnhaven Borough of the city; said area is bounded on the east by First Colonial Road, on the north by the Northern Branch of Wolfsnare Creek, on the west by Great Neck Road, and on the south by the Southern Branch of Wolfsnare Creek, Regency Apartments, and Laskin Road; to include the subdivision of First Colonial Estates, Camden Estates, Glouster Village, Hilltop Manor, Wolfsnare Acres, Washington Square, and Woods of Washington Square. -5- (17) All that certain area known as Lake Placid in the Princess Anne Borough. Adopted by the Council of the City of Virginia Beach, Virginia, on thel@ day of , 1984. CLL/re 11/30/84 (H) -6- 7,-,, " I P4 ,. M.,k., I i i i --- 11,11- / .11@ ... ES i I 36 - Item 11-J.6 CONSENT AGENDA ITEM 22906 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Sections 5-87, 5-91, 5-92, and 5-94 of the Code of the City of Virginia Beach, Virginia, pertaining to RABIES CONTROL. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 36a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5-87, 5-91, 5-92, AND 5-94 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO RABIES CONTROL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 5-87, 5-91, 5-92, and 5-94 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained as follows: Section 5-87. Vaccination or inoculation of dogs and cats. (a) It shall be unlawful for any person to own, keep, hold or harbor any dog or cat over the age of six (6) months within the city, unless such dog or cat shall have been vaccinated with a rabies vaccine, approved by the department of public health. however, the requirement of vaccination or inoculation threatens the physical well-being of such dog or cat, the owner of such dog or cat shall have a certificate signed by a licensed veterinarian certifying the same and the owner shall keep such dog or cat in quarantine until the same is inoculated or vaccinated. (b) Any person transporting a dog or cat into the city from some other jurisdiction shall comply with this section within thirty (30) days from the day he brings such dog or cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. (c) The vaccination or inoculation required by this section shall be administered by or under the supervision of a licensed veterinarian. When so administered, the veterinarian shall issue to the owner of the dog or cat a tag and a certificate of rabies inoculation or vaccination, properly executed and signed by the veterinarian, certifying that the dog or cat in question has been inoculated or vaccinated in accordance with the provisions of this section. Such tag shall be firmly attached to the dog's or cat's collar and shall be worn at all times when the dog or cat is not on the property of the owner or custodian of the dog or cat or in the immediate control of some responsible person. Section 5-91. Confinement or destruction of dogs, cats and or other animals showing signs of or suspected of having rabies. Any dog, cat or other animal found within the city showing active signs of rabies or suspected of having rabies shall be confined under competent observation for such time as may be necessary to determine a diagnosis. If confinement is impossible or impracticable, such dog, cat or other animal shall be destroyed. Section 5-92. Destruction or confinement of dog, cat or other animal bitten by rabid animal. Any dog, cat or other animal bitten by an animal believed to be afflicted with rabies shall be destroyed immediately or confined in a pound, kennel or enclosure approved by the department of public health for a period not to exceed six (6) months at the expense of the owner of such dog, cat or other animal. If the bitten dog, cat or other animal has been a currently valid rabies vaccination, the dog, cat or other animal shall be revaccinated and confined to the premises of its owner for thirty f3G+ ninety (90) days. Section 5-94. Concealing or harboring animal to prevent its destruction or confinement under article. It shall be unlawful for any person to conceal or harbor any dog, cat or other animal to keep the same from being destroyed or confined in accord with this article. -2- This Ordinance shall become effective immediately upon its adoption. Adopted this 10 day of December 1984, by the Council of the City of virginia Beach, Virginia. RMB/da (F) 9/2 7/8 4 12/4/84 12/5/84 3 7 Item II-'J.7 CONSENT AGENDA ITEM # 22907 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $7,500 for the TIDEWATER ALCOHOL SAFETY ACTION PROGRAM'S SUBSTANCE ABUSE EDUCATIONAL ALTERNATIVE PILOT PROJECT. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 AN ORDINANCE TO APPROPRIATE $7,500 FOR THE TIDEWATER ALCOHOL SAFETY ACTION PROGRAM'S SUBSTANCE ABUSE EDUCATIONAL ALTERNATIVE PILOT PROJECT WHEREAS, the Community Services Board approved an experimental project of TVASAP called the SEA Pilot Project on May 24, 1984, and WHEREAS, the Division of motor vehicles has advised of the requirement for separate accounting of expenditures for TVASAP and the SEA Pilot Project, and WHEREAS, the SEA Pilot Project estimates client fee revenue of $7,500 this year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds are hereby appropriated in the amount of $7,500 for the SEA Pilot Project, and BE IT FURTHER ORDAINED that the appropriations be financed by $7,500 Estimated Revenue from the client fees of the SEA Project. Adopted by tbe Council of the City of Virginia Beach on the 10 day of 1984. FIRST READING: December 3, 1984 SECOND READING: December 10, 1984 APPROVED AS TO CONTENT IA,,MtNT pop 01 RM "O@,Ts 'T ,4EY - 38 - Item 11-J.8 CONSENT AGENDA ITEM # 22908 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate funds of $17,000 from the STATE DEPARTMENT OF MENTAL HEALTH AND RETARDATION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS OF $17,000 FROM THE STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION WHEREAS, the Department of Mental Health and Mental Retardation (NH/MR) has determined the need to replace one of the vans which is used in the KH/NR program, and WHEREAS, a grant in the amount of $17,000 has been awarded by the State Department of Nental Health and Mental Retardation for the purchase of this van. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Nanager is hereby authorized to accept the grant for the city, and funds are hereby appropriated in the amount of $17,000 to the Department of Mental Health and Mental Retardation for the purchase of a van. BE IT FURTHER ORDAINED that estimated revenue from the State Department of Mental Health and mental Retardation be increased by $17,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 10 day of December 1984. FIRST READING: December 3, 1984 SECOND READING: December 10, 1984 ,,5 -1,@. CotiTENT CI[i ATTO.@r@l.,' - 39 - Item II-J.9 CONSENT AGENDA ITEM # 22909 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $7,111.00 for the payment of REAL ESTATE TAXES for certain properties. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 AN ORDINANCE TO APPROPRIATE FUNDS OF $ 7,111.00 FOR THE PAYMENT OF REAL ESTATE TAXES FOR CERTAIN PROPERTIES WHEREAS, the Commissioner of the Revenue recently received an opinion from the Attorney General of the Commonwealth of Virginia dealing with the exemption from taxation of religious, charitable, and benevolent organizations; and WHEREAS, based on the opinion of the Attorney General certain properties that were treated as exempt from real property taxation are not eligible for such exemptions; and WHEREAS, the following organizations have properties which were converted from tax exempt to taxable with taxes due as indicated: TAXES DUE (Includes Penalty & Interest ORGANIZATION through 12/31 , 1984) Point O' Woods Civic League, Inc. $3,233.48 Seatack Community Property, Inc. 3,754.22 Pembroke Meadows Civic League, Inc.* 92.51 (*Note: Partial payment of $29.90 has been received) WHEREAS, the City has enjoyed a special relationship with these organizations whereby the City has used these properties for city purposes; and WHEREAS, consequently City Council desires to pay the real estate taxes, penalty and interest due for these properties. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $ 7,111_nn be appropriated from the General Fund Balance to pay the following real estate taxes, penalty and interest, and to reimburse the Pembroke Meadows Civic League, Inc. for its partial payment of $29. 90 : Point O' Woods Civic League, Inc. $3,233.48 Seatack Cormnunity Property, Inc. 3,754.22 Pembroke Meadows Civic League, Inc. 92.51 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10 day of December 1984. GLF/sm 11/13/84 APPROVED A4TO CONTE? FIRST READING: December 't IOR4 S*NATURE SECOND READING: December 10, 1984 LAW DEPARTMFNT APPROVED 64 TO FORM DEX DITCH ROADS PAVEL H9 I9 ROADS UNPA' TREE LINE SIDEWALK H 10 110 CITY BOUNDARY RAILROAD BOROU(3H BOUNDARY EMBANKMENI - 40 - Item II-J.10 CONSENT AGENDA ITEM # 22910 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $36,450 for SITE ACQUISITIONS at Landstown Road and Holland Road (R.G. MOORE) Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Robert E. Fentress, and Robert G. Jones December 10, 1984 tiN CIRI)INtiN@t-- 'I,tj FUNL)i UF n;@C@,4bO Fi_jk ACUUI@l'FIGNS AT LliNO-@TLiwN RCiAD aND HOLLAND RCIAD R. G. Moore ha@ donatad to the city tor acquiring proprtiaa abutting Latidbt.owii Road and liolioi,,i Roaci, iria WHEREAS, at June 30, 1964, funda oi slj,550 had b.ei, expended or ancun,t)erad to purcha@e @ portion oi the prop@iti.@, and WHEREAS, the Department of Public Works desires that City Council provide the bdlance oi the donation to tlie FY 65 budgat of the RL-al L'@tate ofilce in ordc-r to pur@lase tne propertier.. THEREFORE, BE IT OF<DAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $36,450 be appropriat.d to th. O.partment of Public Worku, k@di Eutate office ioi &ite acquiaitions at Landstown Road and Holland Road. 6E IT FURTHER ORE)AINED that local General Fund Re@@,-nuea be increa@ed by $36,450 to offaet Lhe appropriation. Adopted by the Council cf the City of Virginia Beach on the day of ----------------------------- 19 ------ Firat Reacing-_December 10,-1984 --------------- Second Reading ------------------------------ - 41 - Item II-J.11 CONSENT AGENDA ITEM # 22911 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FIRST READING, to re,ise the Section VIII EXISTING HOUSING PROGRAM BUDGET FOR FY 85 ($3,138). Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 AN ORDINANCE TO REVISE THE SECTION VIII EXISTING HOUSING PROGRAM BUDGET FOR FY 85 WHEREAS, the Council of the City of Virginia Beach, Virginia has entered into a contract with the Virginia Housing Development Authority (VHDA) for funding the Section VIII Housing Program for FY 85; and WHEREAS, VHDA has notified the city of a revision to the original contract which will increase the operating budget for FY 85 by $3,138; and WHEREAS, the budget revision will allow for a salary increase for the Program Specialist and Program Assistant effective November 1 as suggested by the City's recent Job Audit; and WHEREAS, the Office of Housing and Community Development (HCD) will continue to administer the program which assists in housing low and moderate income persons. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the revised funding for the City, and additional funds are hereby appropriated for the City's Section VIII Housing Program in the amount of $3,138. BE IT FURTHER ORDAINED that estimated revenue from VHDA be reduced by $6,706. and estimated revenue from FY 84 earned surplus be recognized in the amount of $9,844. Adopted by the Council of the City of Virginia Beach, Virginia on this day of 1984 FIRST READING: December 10, 1984 SECOND READING: - 42 - Item II-J.12 CONSENT AGENDA ITEM # 22912 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council DEFERRED an Ordinance authorizing certain changes in compensation for certain CITY COUNCIL APPOINTEES and transfer $3,171 within the respective department budgets. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 43 - Item 11-J.13 CONSENT AGENDA ITEM # 22913 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to apply for RENTAL HOUSING REHABILITATION FUNDS from the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. ($123,000) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ORDINANCE TO APPLY FOR RENTAL HOUSING REHABILITATION FUNDS FROM THE (J.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the United States Congres5 has established legislation designated as Section 301 of the Housing and Urban-Rural Recovery Act of 1983 providing for rental housing rehabilitation assistance; and WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives such as the elimination of deteriorated conditions in low and moderate incon)e neighborhoods; the elimination of conditions which are detrimental to health, safety and welfare; and the conservation and expansion of the Nation's housing stock; and WHEREAS, the City of Virginia Beach has developed a Rental Housing Rehabilitation Program and has structured the necessary mechanisms for implementation in compliance with federal and local directives; and WHEREAS, the City of Virginia Beach is in the process of imple- menting this program and desires to initiate an application for Rental Housing Rehabilitation Program funds in the amount of $123,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such information or materials, as may be necessary, to be provided to the Department of Housing and Urban Development to permit the review, approval and funding of the City's Rental Housing Rehabilitation Grant Application. AND BE IT FURTHER ORDAINED, that the Council of the City of Virginia Beach gives its assurance that the intent of the Act will be complied with in full. AND BE IT FURTHER ORDAINED, that the Department of Housing and Urban Development is respectfully requested to assist in the prompt approval and funding of the subject program in order that the public interest of this City may be best protected. Adopted by the Council of the City of Virginia Beach, Virginia on this Tenth day of December 1984. APPROVED AS TO CONTENT: Mar@anW 1. Ustick Direcfbr, Department of Housing and Community Development APPROVED AS TO FORM 0 DEPARTMENT OP' LAW - 44 - Item II-M.I. NEW BUSINESS ITEM # 22914 LANDFILL RATE INCREASE C. Oral Lambert, Jr., Director of Public Works, presented a recommendation to City Council concerning the increase in the REFUSE DISPOSAL RATES. In January 1985, the SOUTHEASTERN PUBLIC SERVICE AUTHORITY will begin operation of their new regional landfill serving a number of communities including the Cities of Norfolk, Chesapeake, Suffolk, and Portsmouth. SPSA's rate for disposing of refuse at their landfill will be $12.00 per ton. C. Oral Lambert presented the following ANALYSIS OF REFUSE DISPOSAL COSTS & PRIVATE HAULER REVENUE: TOTAL COSTS FOR REFUSE DISPOSAL $2,570,028 $2,419,668 PRIVATE HAULERS; REVENUES TO THE CITY @ $6.75 843,750 877,500 ClTY OF NORFOLK: REVENUES TO THE CITY 1,600,000 0 NET COSTS (NET REVENUES) IF RATE IS NOT CHANGED $ 126,278 $1,542,168 PROJECTED REVENUES IF: $10 RATE BEGINS 2-1-85 $1,013,021 $13 RATE BEGINS 7-1-85 $1,690,000 ADDITIONAL REVENUE OVER CURRENT $6.75 RATE -169,271 812,500 EXCESS OF REVENUES OVER EXPENSES IF $10 PER TON RATE BEGINS 2-1-85 ($ 42,993) EXCESS OF EXPENSES OVER REVENUES IF $13 RATE BEGINS 7-1-85 $ 729,668 December 10, 1984 - 45 - Item II-M.2 NEW BUSINESS ITEM # 22915 LANIER BUSINESS PRODUCTS, INC./ DICTAPHONE, INC. Mayor Heischober appointed Councilmen H. Jack Jennings and Robert C. Jones as a Committee to evaluate the proposals for "THOUGHT PROCESSING" in the City Clerk's Office and make recommendations to City Council in the near future. December 10, 1984 - 46 - Item II-M.3 NEW BUSINESS ITEM # 22916 SANDBRIDGE SHORELINE PROTECTION GOURP ADD-ON Councilwoman Henley referenced letter submitted by Jack A. Bailey from the SANDBRlDGE SHORELINE PROTECTION GROUP of November 30, 1984. In order to begin some temporary preservation and restoration of the beach and dunes in the 3500 block of Sandfiddler Road, the Group made the following re- quests: (1) A bulldozer permit be issued. (2) Action be initiated by the City to install sandbags to provide tem- porary erosion control measures by interested property owners. (3) Action be taken by the City to ob- tain blanket permission for the immediate installation of artificial seaweed. The Staff will reveiw the aforementioned letter and report to Council in the near future with their recommendations. December 10, 1984 - 47 - Item II-M.4 NEW BUSINESS ITEM # 22917 COMPREHENSIVE PLAN ADD-ON Councilwoman Oberndorf distributed a report entitled "SHORT-TERM WATElt SUPPLY AND DEMAND PROJECTIONS VIRGINIA BEACH, VIRGINIA", dated September 1984. This report had initially been mad@ by Director of Public Works, C. Aubrey Watts. (A copy of said report is hereby made a part of the record). Councilwoman Oberndorf had referenced this report at the Council Meeting of December 3, 1984, and wished same to be incorporated in or made an ADDENDUM to the COMPREHENSIVE PLAN. December 10, 1984 - 48 - Item 1I-M.5 NEW BUSINESS ITEM # 22918 GERTRUDE BARRY'S HOME URBAN COURT ADD-ON Councilman McCoy and Councilwoman Oberndorf referenced the article in the Virginian Pilot/Ledger Star concerning the home of Gertrude Barry on Urban Court in ACREDALE and its deteriorating condition. The staff will investi- gate this matter and other similar conditions with a report to City Council. December 10, 1984 - 49 - Item II-M.6 NEW BUSINESS ITEM # 22919 PRO-RATION OF PERSONAL PROPERTY TAXES ADD-ON Councilwoman Oberndorf referenced Pro-ration of Personal Property Taxes. The Staff was requested to study the Ordinance delineating PERSONAL PROPERTY TAXES and report to Council what "Means of notification to the public" is available to advise citizens a refund application may be applicable in cer- tain cases. December 10, 1984 - 50 - Item II-M.7 NEW BUSINESS ITEM # 22920 CUL-DE-SACS Councilman Jennings referenced the proliferation of cul-de-sacs wherever the City has any roadway construction adjacent to an inter- section. Councilman Jennings placed particular emphasis on cul-de- sacs off of General Booth Boulevard, Witchduck Road and Kempsville Road. The City Staff will investigate and report to City Council. December 10, 1984 - 5 1 - Item II-M.8 NEW BUSINESS ITEM # 22921 CHRISTMAS PARTY ADD-ON Vice Mayor McClanan invited City Council to attend the PRINCESS ANNE PLAZA CIVIC LEAGUE CHRISTMAS PARTY at 7:30 p.m., Tuesday, December 11, 1984, at the BOW CREEK RECREATION CENTER. December 10, 1984 - 52 - Item II-N. I RECESS INTO EXECUTIVE SESSION ITEM # 22922 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Robert Jones, seconded by Councilman Baum, City Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters, and Legal Matters, after which to RECONVENE in Council Chambers (5:30 p.m.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jerinings, 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: Robert E. Fentress, and Louis R. Jones - 53 - R E C U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL December 10, 1984 6:30 p.m. Mayor Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, December 10, 1984, at 6:30 in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Maryor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Robert E. Fentress and Robert G. Jones 54 - Item II-K. APPOINTMENTS ITEM # 22923 Upon NOMINATION by Councilman Louis Jones, City Council REAPPOINTED the following to the BOARD OF BUILDING CODE APPEALS: Frank I. Adkins January 1, 1985 to December 31, 1988 Charles S. Farley January 1, 1985 to December 31, 1988 Sterling S. Montgomery January 1, 1985 to December 31, 1988 Voting: 9-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E Fentress, and Robert G. Jones December 10, 1984 - 55 - Item II-K.2 APPOINTMENTS ITEM # 22924 Upon NOMINATION by Councilman Jennings, City Council REA.PPOINTED Mason M. Moton and Gene Alan Woolard to the COMMUNITY CORRECTIONS RESOURCE BOARD for a term beginning January 1, 1985 and ending December 31, 1986. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones - 56 - Item II-K. 3 APPOINTMENTS ITEM # 22925 By CONSENSUS, City Council RESCHUEDULED Appointments to the following: COMKUNITY SERVICES BOARD 5 7 item ii-K.4 AppoiNTMENTS ITEM # 22926 Upon NOMINATION by Councilwoman Creech, City Council REAPPOINTED Richard Thomas and James Witcher to the BOARD OF ELECTRICAL APPEALS for a term beginning January 1, 1985 and ending December 31, 1986; AND, APPOINTED William F. Miller, VEPCO Representative to the BOARD OF ELECTRICAL APPEALS as an Ex officio Member to fill the unexpired term of C. E. McClarnon ending December 31, 1985. Voting: 9-0 council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones - 58 - Item II-K.5 APPOINTMENTS ITEM # 22927 Upon NOMINATION by Vice Mayor McClanan, City Council REAPPOINTED Robert W. Clyburn, John A. Fahey, James N. Fletcher and Laura M. Tebault to the SCHOOL BOARD for a term beginning January 1, 1985 and ending December 31, 1987. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones - 59 - Item II-K.6 APPOINTMENTS ITEM # 22928 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED Louis R. Jones and Thomas H. Muehlenbeck to the SOUTHEASTERN PUBLIC SERVICE AUTHORITY for a term beginning January 1, 1985 and ending December 31, 1988. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones - 60 - Item II-K.7 APPOINTMENTS ITEM # 22929 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOTNTED Roy R. Jackson to the BOARD OF DIRECTORS of the SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM to fill the unexpired term of Sam Martinette to December 31, 1987; AND, APPOINTED Wiley A. Scott and REAPPOINTED George C. Sjolund, MD., to the ADVISORY COUNCIL OF THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM for a term beginning January 1, 1985 and ending December 31, 1988. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones 6 1 Item II-K.8 APPOINTMENTS ITEM 22930 Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED F. Reid Ervin to the TIDEWATER STADIUM AUTHORITY for a term beginning January 1, 1985 and ending December 31, 1987, and Harold Heischober, for a term beginning January 1, 1985 and ending December 31, 1986. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Courxcil Members Voting Nay: None Council Members Absent: Robert E. Fentress, and Robert G. Jones - 62 - Item II-K.9 APPOINTMENTS ITEM # 22931 By CONSENSUS, City Council RESCHEDULED Appointments to the following: VOLUNTEER COUNCIL Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert C. Jones 6 3 Item II-K.10 A.PPOINTMENTS ITEM 22932 Upon NOMINATION by Councilman Jennings, City Council APPOINTED the following members to the FRANCIS LAND HOUSE BOARD OF GOVERNORS: Term Term Beginning Ending B. W. "Pat" Bridges (Professional Community) 1/1/85 12/31/87 William Cox, III (Professional Community) 1/1/85 12/31/86 James Fletcher (Chamber of Commerce) 1/1/85 12/31/85 Donald Frazier (Professional Community) 1/1/85 12/31/85 David Grochmal (City Manager's Office) 1/1/85 12/31/86 John Hodgson (Historical Society) 1/1/85 12/31/87 Reba S. McClanan (City Council) 1/1/85 12/31/87 Beulah Thorpe (Daughter of American 1/1/85 12/31/86 Revolution) Janet Werndli (Garden Club Council) 1/1/85 12/31/85 Harold Whitehurst (Parks and Recreation) 1/1/85 12/31/87 Nick Wright (Tourist Bureau) 1/1/85 12/31/86 Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Pentress, and Robert G. Jones - 64 - Item II-K.11 APPOINTMENTS ITEM # 22933 Upon NOMINATION by Councilman Louis Jones, City Council APPOINTED Ed Ruffin to the RESORT AREA ADVISORY COMMISSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 65 - Item II-K.12 APPOINTMENTS ITEM # 22934 Upon NOMINATION by Councilman McCoy, City Council APPOINTED Captain Woodrow W. Baker, Jr., to the TRANSPORTATION SAFETY COMMISSION to fill the unexpired term of Harry M. Carter, Jr., ending October 31, 1985. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, Ii. Jack Jennings, Jr., Louis R. 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: Robert E. Fentress, and Robert G. Jones December 10, 1984 - 66 - Item II-N.2 ADJOURNMENT ITEM 22935 By CONSENSUS, City Council adjourned the meeting at 6:35 p.m- BeverlyOD'. Hooks Deputy City Clerk R6th Hodges Sreith, CMC City Clerk 'May'o@-Ha City of Virginia Beach Virginia /bh December 10, 1984