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JULY 2, 1984 MINUTES Cit@c>f "VVORL:D'S LARGEST RESORT CITY" CITY COUINCIL AIAYOR LO(ilS R, ]ONES, B.,@id@ B.,@.gb VICE-MAYOR 13,ARBARA M. HENLEY, P.@g. B@ ... gb JOH,V A. BA UM@ B.,..gb ,VA,VCY A. CREECH. A, L.,g@ HAROLD liEISCI[OBER, A@ L.,g@ H. JACK JEN,NIVGS, JR., Ly@.b.@@@ B.,..gh ROBERT G. JONES, At L.,g@ W. Ii. KITCHIN. fit. Vi,gi@i. B@.,b REBA S. M,CLAVAN. A@.@ B.,..gb 212 CITY HALL BLILD(NG J. HENRY @1,COY. JR., B .... gb @MUNICIPAL CENTER MEYERA E. OBERNDORF, At L.,g. VIRGINIA BEACH, VIRGINIA 23456 RUTH IIODGES SMITH. CMC, City Cl@,k 1804) 427 -4 30 3 CITY COUNCIL AGENDA SPECIAL MEETING REORGANIZATION 12:30 P.M@ MONDAY, JULY 2, 1984 CITY COUNCIL CHAMBERS ITEM I. SPECIAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. INVOCATION - Reverend John H. Jordan, Jr. Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF COUNCIL E. REORGANIZATION OF VIRGINIA BEACH CITY COUNCIL Presiding: J. Curtis Fruit Clerk Virginia Beach Circuit Court 1. OATH OF OFFICE TO NEW COUNCIL MEMBERS 2. ELECTION OF MAYOR, 1984-1986 3. ELECTION OF VICE MAYOR, 1984-1986 F. DISCUSSION G. RECESS ITEM II. FORMAL SESSION: 2:00 p.m- A. CALL TO ORDER - FORMAL SESSION B. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of June 25, 1984 and June 27, 1984. C. PRESENTATIONS 1. Lori Jones, Little Miss Tidewater recently crowned Future Little Miss Virginia 2. Lisa Simmons, Miss Virginia Beach 3. Leigh Lawson, Miss Tidewater D. ORDINANCES 1. Ordinance to amend Sections 2-215, 2-215.1, 2-215.2, 2- 215.3, 2-215.4, 2-218.2 and 2-219 of the Code of the City of Virginia Beach, and to bring the City into compliaace with the 1984 Virginia Public Procurement Act. 2. Ordinance to transfer funds of $35,000 from the General Fund Reserve for Contingencies for right-of-way acquisition in the Hilltop area (Cavalier Properties). E. 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. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution authorizing the charge-off of uncollectible accounts totaling $4,844.05. 2. Ordinance to amend and reordain Section 21-102 of the Code of the City of Virginia Beach, Virginia pertaining to unapproved equipment; Ordinance to amend and reordain Section 38-1 of the Code of the City of Virginia Beach, Virginia pertaining to concealed weapons; Ordinance to amend and reordain Section 21-315 of the Code of the City of Virginia Beach, Virginia pertaining to disregarding signal to stop by police officer; Ordinance to amend and reordain Section 23-7 of the Code of the City of Virginia Beach, Virginia pertaining to resisting or obstructing City officers; AND, an Ordinance to amend and reordain Section 14-5 of the Code of the City of Virginia Beach, Virginia pertaining to aiding and abetting operation of illegal gambling. ITEM II. E. CONSENT AGENDA (Cont'd) 3. Ordinance to amend and reordain Section 35-6 of the Code of the City of Virginia Beach relating to penalty and interest when personal property taxes not paid on time by amending Subsection (c) and adding thereto a new Subsection (d) pertaining to the waiver of penalty and interest; AND, an Ordinance to amend and reordain Section 35-37 of the Code of the City of Virginia Beach relating to penalty and interest when installment not paid on time by amending Subsection (c) and adding thereto a new Subsection (d) pertaining to the waiver of penalty and interest (real estate). (These Ordinances were deferred for two weeks on June 18, 1984, and are recommended for deferral until August 6, 1984.) 4. Ordinance, on SECOND READING, to accept funds totaling $59,305 from the Virginia Housing Development Authority and to appropriate these funds for the Section 8 Existing Housing Program and Moderate Rehabilitation Program. 5. Ordinance, on FIRST READING, to accept a grant award from the Department of Housing and Urban Development and to appropriate funding for the Community Development Tenth Program Year ($2,532,000). 6. Ordinance, on FIRST READING, to allocate additional positions to the Office of the Commonwealth's Attorney and appropriations in the amount of $33,535 be added to the FY 1985 Commonwealth's Attorney's budget. 7. Ordinance, on FIRST READING, to allocate additional positions to the Sheriff's Office and appropriations in the amount of $72,112 be added to the FY 1985 Sheriff's Office budget. 8. Ordinance, on FIRST READING, to accept a grant from the Department of Corrections totaling $90,072 and to appropriate these funds for the Virginia Beach Comunity Diversion Program. 9. Ordinance, on FIRST READING, to accept a grant totaling $2,012 from the Virginia Division of Motor Vehicles and to appropriate these funds. 10. Ordinance approving the relocation of the Pembroke Boulevard Water Line and appropriating the funds necessary to relocate the water line and vacating the easemeiit where the water line is presently located ($50,000.00). 11. Ordinance to transfer funds of $57,000 within the Department of Public Works to provide for the use of temporary labor services. 12. Ordinance to transfer funds of $56,448 within the Department of Public Works to continue the Pavement Maintenance Management System (PAVER). 13. Ordinance to apply for rental housing rehabilitation funds from the U. S. Department of Housing and Urban Development. 14. Ordinance authorizing the City Manager to execute an agreement with Basics, Inc. to provide child care services to children of low and moderate income families. 15. Ordinance approving a property exchange between Robert B. Giles and Rosemary Giles, husband and wife, and the City of Virginia Beach. ITEM II. E. CONSENT AGENDA (Cont'd) 16. Ordinance appointing viewers in the petition of Runnington Holding Corporation for the closure of a portion of Holly Avenue (now known as Cape Henry Drive) (Lynnhaven Borough). 17. Certificate of Public Convenience and Necessity - Littleton C. Budgins 18. Request of the City Treasurer for tax refunds in the amount of $1,593.54. F. PLANNING 1. Application of Elva Beiler for a conditional use permit for a home occupation (counter tops5 on an 84.2-acre parcel located on Salem Road, south of Elbow Road and east of Highland Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of John Waller for a conditional use permit for a duplex on a 4,595-square foot parcel located north of 15th Street, west of Parks Avenue (809 15th Street) (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Tank Lines, Inc. for a conditional use permit for a gasoline station on a one-acre parcel located at the southwest corner of Princess Anne Road and Tiffany Lane (Kempsville Botough)- a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Donna R. Goodson for a conditional use permit for recreational facilities of an outdoor nature (pony rides) and for outside storage (selling firewood) on a 1.6- acre parcel located on the north side of Shore Drive, east of Greenwell Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Christopher Development Company for a change of zoning from R-5 Residential District to 0-1 Office District on a 16,030-square foot parcel located along the east side of Lake James Drive, south of Indian River Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. ITEM II. F. PLANNING (Cont'd) 6. Application of Martin Goldner for a change of zonin from R-6 Residential District to A-1 Apartment District on an 18,453-square foot parcel located on the south side of 23rd Street, west of Barberton Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Applications of Robert C. Pyatt for a change of zoning from R-4 Residential District to AG-2 Agricultural District; AND, a conditional use permit for a stable for boarding horses on a 21.33-acre parcel located on Indian River Road, west of the North Landing River Bridge (3756 Indian River Road) (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the- Planning Commission for approval. 8. Application of R. G. Moore Building Corporation for a change of zoning from AG-2 Agricultural District to B-2 Community- Business District on a 10.1-acre Farc-el located along the east side of Oceana Boulevard, south of Culver Lane (Princess Anne Borough). (This application was deferred until today on June 25, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of Kinder Kare Learuing Center for a conditional use permit for a day care center on a 1.179-acre parcel located at the northeast corner of Lampl Avenue and Catalina Avenue (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of John A. Brown for a change of zoning from R-5 Residential District to A-2 Apartment District on a 35,4 8@- square foot parcel located at the northwest corner of Old Great Neck Road and Reagan Avenue (Lynnhaven Borough). (This application was deferred until today on June 25, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 11. Ordinance closing, vacating, and discontinuing a portion of Trotter Drive in the petition of Robert H. and Mamie P. Ra3rmond and Elvin F. and Geraldine W. Lilley (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. ITEM II. F. PLANNING (Cont'd) 12. Ordinance closing, vacating and discontinuing a portion of Cape Henry Drive in the petition of Edwin B. Lindsley, Jr. (Lynnhaven Borough). a. Letter from the City Manager transmits no recommendation from the Planning Commission due to a tie vote, and the Viewers recom- mendation for deni l@. 13. Ordinance to amend the Master Street and Highway Plan dated December 16, 1974 (widening Holland Road). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 14. Ordinance to amend and reordain Article 7, Section 713(c) of the Comprehensive Zoning Ordinance pertaining to maximum density ratings in the H-2 Resort Hotel District. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 15. Ordinance to amend and reordain Article 2, Section 206 of the Comprehensive Zoning Ordinance pertaining to requirements for utility facilities. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. G. UNFINISHED BUSINESS R. NEW BUSINESS I. ADJOURNMENT 1. Motion to adjourn. SPECIAL SESSION OF CITY COUNCIL JULY 9, 1984 11:00 A.M. INFORMAL SESSION 12:30 P.M. FORMAL SESSION (12:30 Session is the earlier time, set for the Formal Session usually held at 2:00 p.m- for business matters of the City's Governing Body) iny 16, 1984 COUNCIL RECESS JULY 23, 1984 COUNCIL RECESS JULY 30, 1984 FIFTH MONDAY M I N U T E S S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 2, 1984 In accordance with Section 2-21 of the City Code the SPECIAL MEETING of the Council of the City of Virginia Beach, Viginia, was called to order by Mayor Louis R. Jones, in the Council Chambers, on Monday, July 2, 1984, at Twelve Thirty in the afternoon for the purpose of electing a Mayor and Vice-Mayor for the City of Virginia Beach, 1984-1986. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend John H. Jordan, Jr. Pastor Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 2, 1984 - 2 - ITEM # 22156 Mayor Jones invited the Clerk of the Virginia Beach Circuit Court, J. Curtis Fruit, to administer the formal Oaths of Office to the five Members of the Council of the City of Virginia Beach elected to serve the four (4) year term from 1984 through 1988: John A. Baum - Blackwater Borough Robert E. Fentress - Virginia Beach Borough Harold Heischober - At-Large Reba S. McClanan - Princess Anne Borough Meyera E. Oberndorf - At-Large (Copies of the Council Members Oaths of Office are hereby made a part of the record) AND, Mayor Jones further invited the Clerk of the Virginia Beach Circuit Court, J. Curtis Fruit, to PRESIDE over the election of the Mayor and Vice-Mayor for the City of Virginia Beach for terms of two years, 1984 through 1986. July 2, 1984 2a LOUIS R. JONES MUNICIPAL CENTER M.Y., VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4581 18 June 1984 HONORABLE MEt4BERS OF CITY COUNCIL In accordance with City Code, Section 2-21, I hereby call a SPECIAL MEETING of tbe Virginia Beach City Council to be held at 12:30 p.m. in the Council Chambers on Monday, July 2, 1984, for the purpose of REORGANIZATION at which time the Mayor and Vice Mayor for the ensuing term of two years will be elected. Loui Mayo LRJ:bh cc: City Manager City Attorney City Clerk Public Information Officer Members: Virginia Beach City Council Received Notice John A. Baum Nancy A. Creech Harold Heischober Barbara M. Henley, Vi.ce Mayor H. Jack Jennings, Jr. Robert G. Jones W. Hugh Kitchin III Reba S. McClanan J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf July 2, 1984 - 3 - ITEM # 22157 Chairman Fruit called for nominations for the election of the MAYOR of the City of Virginia Beach. Councilman McCoy placed in nomination the name of Harold Heischober. Councilman Jones placed in nomination the name of Louis R. Jones. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to CLOSE the nominations for election of the Mayor of the City of Virginia Beach. Voting: ii-o* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *VERBAL ROLL CALL OF COUNCIL July 2, 1984 - 4 - ITEM # 22158 Chairman Fruit called for the vote to elect the MAYOR: Voting: 7-4* Council Members Voting for Harold Heischober: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, H. Jack Jennings, Jr., Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting for Louis R. Jones Barbara M. Henley, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None *VERBAL ROLL CALL OF COUNCIL City Council elected HAROLD HEISCHOBER as the MAYOR of the City of Virginia Beach, for a two year term ending 30 June 1986. July 2, 1984 - 5 - ITEM # 22159 Chairman Fruit called for nominations for the election of VICE-MAYOR of the City of Virginia Beach: Councilwoman Creech placed in nomination the name of Reba S. McClanan Councilman Louis R. Jones placed in nomination the name of Barbara M. Henley. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to CLOSE the nominations for election of the Vice-Mayor of the City of Virginia Beach. Voting: ii-o* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy,Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *VERBAL ROLL CALL OF COUNCIL July 2, 1984 - 6 - ITEM # 22160 The Clerk of the Circuit Court called for the vote to elect the VICE-MAYOR: Voting: 7-4* Council Members Voting for Reba S. McClanan: John A. Baum, Nancy A. Creech, Robert E. Fentress, Harold Heischober, H. Jack Jennings, Jr., Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting for Barbara M. Henley: Barbara M. Henley, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None *VERBAL ROLL CALL OF COUNCIL City Council elected REBA S. McCLANAN as the VICE-MAYOR of the City of Virginia Beach, for a two year term ending 30 June 1986. Chairman Fruit administered the Oaths of Office to Mayor Harold Heischober (12:45 p.m.) and Vice-Mayor Reba S. McClanan (12:47 p.m.). Chairman Fruit presented the GAVEL to Mayor Harold Heischober. July 2, 1984 - 7 - ITEM # 22161 Mayor Heischober expressed his appreciation to all Members of Council, and his assurance that the Council will extend their collective abilities toward resolving the many problems that face the City of Virginia Beach. Vice Mayor McClanan also expressed her appreciation for the support of the City Coucil and her willingness to do the best job possible in this new position as Vice-Mayor. ITEM # 22162 RECESS Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council RECESSED at 12:50 p.m., after which to RECONVENE into Regular FORM&L SESSION at 2:00 p.m. Voting: ii-o* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None *VERBAL VOTE July 2, 1984 - 8 - ITE@i # 22163 During RECESS, Mayor Harold Heischober arranged the FORMAL SEATING of the VIRGINIA BEACH CITY COUNCIL. C"y Clty M ... e@ Ilerl u z z El u 0 U) - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL July 2, 1984 2:00 p.m. The Formal Session of the Council of the City of Virginia Beach, Virginia, was RECONVENED by Mayor Harold Heischober in the Council Chambers, City Hall Building, on Monday, July 2, 1984, at 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None July 2, 1984 - 10 - Item II-B. 1 MINUTES ITEM # 22164 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council APPROVED the Minutes of June 25, 1984 and June 27, 1984. Voting; 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Nancy A. Creech July 2, 1984 Item II-C.1,2, & 3 PRESENTATIONS ITEM # 22165 PRESENTATIONS were RESCHEDULED to the following, as they were not in attendance: Lori Jones Little Miss Tidewater/Future Little Miss Virginia Lisa Simmons Miss Virginia Beach Leigh Lawson Miss Tidewater July 2, 1984 - 12 - Item II-D. 1 ORDINANCES ITEM # 22166 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED the following Ordinance: Ordinance to amend Sections 2-215, 2-215.1, 2-215.2, 2-215.3, 2-215.4, 2-218.2 and 2-219 of the Code of the City of Virginia Beach, and to bring the City into com- pliance with the 1984 VIRGINIA PUBLIC PROCUREMENT ACT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 12a - REQUESTED BY: DEPARTMENT OF FINANCE AN ORDINANCE TO AMEND SECTIONS 2-215, 2-215.1, 2-215.2, 2-215.3, 2-215.4, 2-218.2 AND 2-219 OF THE CODE OF THE CITY OF VIRGINIA BEACH, AND TO BRING THE CITY INTO COMPLIANCE WITH THE 1984 VIRGINIA PUBLIC PROCUREMENT ACT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-215, 2-215.1, 2-215.2, 2-215.3, 2-215.4, 2-218.2 and 2-219 are hereby amended and reordained as follows: Section 2-215. Competitive bidding in general. (a) it shall be the responsibility of the purchasing division to obtain as full and open competition as is possible and practical on all purchases and sales through competitive sealed bidding, or through-any other method of procurement authorized by this or other sections. (b) Upon a determination in writing that competitive sealed bidding is either not practicable or not advantageous to the public, purchases or sales may be made without competitive bidding. The writing shall document the basis for this determination. (c) Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding. The writing shall document the basis for this determination. (d) Where it is possible and practical, formal sealed bids shall be obtained for all purchases with a dollar value of ten thousand dollars ($10,000.00) or more. Purchases under single or term contracts of less than ten thousand dollars ($10,000.00) are made on the basis of informal bids. These may be obtained either by written or telephonic quotation. Where at all possible or practical, these purchases shall be based upon the solicitation of three (3) or more sources. July 2, 1984 - 12b - (e) Bids shall be submitted to the purchasing agent in a sealed envelope and shall be clearly marked or identified. Bids shall be opened in public at the time and place stated in the bid form. (f) The purchasing agent shall have the authority to accept or reject any or all bids, or any portion thereof, and to enter into any contract deemed to be in the best interest of the city. (g) The city may waive informalities in bids. (h) All bids shall contain an anticollusion statement which shall be sworn to by the vendors. (i) The provisions of this section shall not be applicable to legal services or expert witnesses, and other services associated with litigation or regulatory proceedings, nor shall this section be applicable to purchases made through agencies of the state or jointly with other political subdivisions of the state. (j) While administering public assistance programs as defined in S63.1-87 of the Virginia Code or the fuel assistance program, the city may procure goods or personal services for direct use by a recipient of such programs delivered by a vendor upon specific instructions from the purchasing agent without competitive sealed bidding or competitive negotiations. Section 2-215.1.. Con ra t n for p 0 ss.-Onal services by .0. t @ i g i f! I pe tt v, negot a on. (a) "Professional services" shall mean work rmed by an independent contractor within the scope of the practice of accounting, architecture, land surveying, landscape architecture, medicine, optometry or professional engineering, (b) The method for procurement of professional services defined above shall be throuqh competitive negotiation where the cost of the professional service is expected to exceed twenty- thousand dollars ($20,000.00). July 2, 1984 -2- - 12c - (c) Competitive negotiation. Discussion and Award. The purchasing agent shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative cpncepts. At the discussion. stage, the purchasing agent may discuss nonbinding estimates of total project costs, including, but not limited to, life cycle costing and where appropriate, nonbinding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined in this paragraph above, on the basis of evaluation factors published in the Request for Proposal and all information developed in the selection process to this point, the purchasing agent shall select in the order of preference two or more offerors whose professional qualifications and proposed service are deemed most meritorious. Negotiations shall then be conducted beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the purchasing agent determine in writing and in his sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. July 2, 1984 -3- - 12d - Section 2-215.2. Contracting for other than professional services. (a) 'Services' shall mean any work performed by an independent contractor wherein the services rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. (b) "Nonprofessional services" shall mean any services not specifically identified as professional services as defined in section 2-215.1. (c) The method for procurement of nonprofessional services shall be through competitive negotiation referenced below where the cost of the nonprofessional services is expected to exceed ten thousand dollars ($10,000). (d) Procurement of other than professional services. - Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the request for proposal, including price if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the purchasing agent shall select the offeror which, in his opinion, has made the best proposal, and shall award the contract to that offeror. Should the purchasing agent determine in writing and in his sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. July 2, 1984 -4- - 12e - Section 2-215.+ 3. Emergency purchases. (a) In case of an emergency during normal working hours which requires immediate purchase of supplies or contractual services, the purchasing agent shall have the authority to secure, by the open market procedure, at the lowest obtainable price, any supplies or contractual services, regardless of the amount of the expenditure. A full report of the circumstances of an emergency purchase so made shall be filed by the purchasing agent with the city manager. (b) In case of an emergency, not within normal working hours, the purchasing agent may authorize the head of any city department to purchase directly any supplies, not to exceed five thousand dollars ($5,000.00), the immediate procurement of which is essential to prevent delays in the work of the department which may vitally affect the public health, safety or welfare, or to protect or preserve public properties without delay. The head of such department shall send the purchasing agent a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency. The report shall be filed by the purchasing agent. (c) In all cases of emergency purchases, the using agency shall submit a written report to the purchasing agent, signed by the department head, detailing the aspects of the emergency. The written report shall be accompanied by a requisition form and a confirming purchase order will be issued. (d) An emergency shall be defined as a situation in which the immediate public health, safety or welfare is involved, or the purchase is required to protect or preserve public properties without delay. Section 2-215.2 4. Competitive bidding on state-aid projects. No contract for the construction of any building or for an addition to or improvement of an existing building for whi@ch state funds of ten thousand dollars ($10,000.00) or more, either July 2, 1984 -5- - 12f - by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or competitive negotiations. The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this division. No person or firm shall be eligible to bid on or submit a proposal for any such contract under competitive sealed bidding or competitive negotiation procedures nor to have the same awarded to him or it who has been engaged as architect or engineer for the same project under a separate contract. Section 2-218.2. Bid bonds. (a) EXcept in cases of emergency, all bids or proposals for construction contracts-in excess of twenty-five thousand dollars ($25,000.00) shall be accompanied by a bid bond from a surety company selected by the bidder which is legally authorized to do business in Virginia, as a guarantee that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five (5) percent of the amount bid. (b) No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond. (c) Nothing in this section shall preclude the City of Virginia Beach from requiring bid bonds to accompany bids or proposals for construction contracts anticipated to be less than twenty-five thousand dollars ($25,000.00). Section 2-219. Performance and payment bonds. (a) Upon the award of any public construction contract exceeding twenty-five thousand dollars ($25,000.00) awarded to any prime contractor, such contractor shall furnish to the city the following bonds: July 2, 1984 -6- - 12g - (1) A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. (2) A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials' shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. (b) Each of such bonds shall be executed by one or more surety companies selected by the contractor which are legally authorized to do business in Virginia. (c) Such bonds shall be payable to the 'Treasurer, City of Virginia Beach." (d) Each of the bonds shall be filed with the city or a designated office or official thereof. (e) Nothing in this section shall preclude the city from requiring payment or performance bonds for construction contracts below twenty-five thousand dollars ($25,000.00). (f) Nothing in this section shall preclude such contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts which are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract. July 2, 1984 -7- - 12h - This ordinance shall be effective on July 1, 1984. Adopted by the Council of the City of Virginia Beach, Virginia on this 2 day of July 1984. DSH/re 4/2 3/8 4 4/25/84 6/18/84 (ORD H) y July 2, 1984 -8- - 13 - Item II-D.2 ORDINANCES ITEM # 22167 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADOPTED the following Ordinance: Ordinance to transfer funds of $35,000 from the General Fund Reserve for Contingencies for right-of-way acquisition in the Hilltop area (Cavalier Properties). (Copy of the PROPOSED Agreement between Cavalier Properties/Hilltop, a Virginia limited partnership, and the City of Virginia Beach, Vir- ginia is hereby made a part of the proceedings.) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenningst Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None *Verbal Aye July 2, 1984 13a - AN ORDINANCE TO TRANSFER FUNDS OF $35,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR RIGHT-OF-WAY ACQUISITION IN THE HILLTOP AREA WHEREAS, the city is interested in acquiring right-of- way for future road construction in the Hilltop area, and WHEREAS, to settle certain litigation, the city may obtain certain right-of-way involving the Cavalier Properties at Hilltop at a cost of $35,000, and WHEREAS, the necessary funding may be transferred from the General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH that funds of $35,000 be transferred from the General Fund Reserve for Contingencies to the Department of Public Works for right-of-way acquisition in the Hilltop area. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on day of July 1984. JCM/ORD/16 July 2, 1984 13b - AGREEMENT This Agreeiiient, made this day of 19 by and between Cavalier Properties/Hilltop, a Virginia limited partnership, hereinafter referred to as "Owner" and the City of Virginia Beach, Virginia, a municipal corporation of the Cominonwealth of Virgiiiia, hereinafter referred to as "City." WITNESSETH WHEREAS, the "Owner" is the fee simple owner of approximately acres as more particularly described in that certain deed recorded in the Office of the Clerk of the Court of the City of Virginia Beach, Virginia in Deed Book 1787, at Page 61, and WHEREAS, on March 21, 1977, the City Council o@@ Virginia Beach granted to the "Owner" a change of zoning from R-5, Residential District to B-2, Community Business District, subject to the dedication of right-of-way 15 feet from the centerline and a reservation of an additional 15 feet along the 660 foot, more or lose, southern property line for the proposed Hilltop Loop System (a 15 foot dedication and a 15 foot reservation) said dedication and reservation being made by instruments duly recorded in Deed Book 2223, at Paqe 0597, and Deed Book 2223, at Page 0599, respectively, in the aforesaid clerk's office, and WHEREAS, a dispute arose between the parties in connection with the terms of an agreement dated December 22, 1978, recorded in Deed Book 1874 at Page 141, in the aforesaid clerk's office, specifically with reference to the dedication of the entire 60 feet of right-of-way for the construction of the Hilltop Looop System along the southern property line of the subject property, which said dispute resulted in litigation (Chancery No. CH-4288)1 and WHEREAS, by order of the Circuit Court entered June 8, 1984, the agreement aforesaid insofar as it related to the 30 feet in dispute was declared to be null and void, to which action July 2, 1984 13c - of the Court the City duly objecte,d and excepted, and noted its appeal; and WliEREAS, in the spirit of cooperation and in settlement and comproinise of the aforementioned litigation the owner has offered to dedicate, by general warranty deed, the 15 foot reserved area as described in the agreement dated December 14, 1982, recorded in Deed Book 2223, at Page 0599, in the clerk's office aforesaid, and to sell to the 'City,' by general warranty deed, the 30 foot strip, which was the subject of dispute in the aforementioned litigation, in consideration of the payment to the "Owner" of $35,000.00 with the understanding that there is to be no reduction in density on the reinaining property which is the subject of this agreement (the maximum density not to exceed 100 c,lwel.liiiq i,ini.tF;), .Ill(l witli t-lit, rtirtlict- tindoctitaii(-Iiiltl tlint- t@ill,, 20 foot drainage easement running parallel to the northern property line of Parcel "A" as shown on that certain plat entitled "Plat Showing Dedications to the City of Virginia Beach, Virginia from Cavalier Properties," dated February 3, 1984, prepared by Talbot Associates, shall be 15 feet, and WHEREAS, the "City" is agreeable to settlement and compromise of the pending litigation as per the foregoing. NOW, THEREFORE, in consideration of the mutual benefits accruing or to be accrued to the parties the "Owner" hereby agrees for itself, its heirs, assigne and successors in title to dedicate to the *City" the 15 foot reserved area as described in the aqreement dated December 14, 1982 recorded in Deed Book 2223, at Page 0599 in the clerk's office aforesaid, and to convey to the "City," by general warranty deed, the 30 foot strip of property which runs parallel along the northern line of the aforesaid 15 foot reserved area to be dedicated herein, and which was the subject of dispute in the aforementioned Chancery suit (No. CH-4288) and in further consideration that the density on the remaining property of the NOwner," which is the subject of this agreement, will remain at a maximum density of 100 dwelling units, and in further consideration that the 20 foot drainage July 2, 1984 13d - easeinent running parallel to the northern property line of Parcel "A" Zk:; SI)OWI) 011 ti,at certaiii plat entitled "Plat Showing Dedications to the City of Virqinia, Beach, Virginia from Cavalier Properties," clated r-ebruary 3, 1984, prepared by Talbot Associates, shall be 15 feet, a copy of said plat being attached 1-iereto ajid iiizkde a I)art liereot. IN WITNESS WHEREOF, Cavalier Properties/Hilltop has caused this agreement to be executed by Samuel W. Scotte Jr., General Partner and the City of Virginia Beach has caused this agreeinent to be executed by its City Manager and attested by its City Clerk, duly authorized. CAVALIER PROPERTIES/HILLTOP By -(SEAL) Samuel W. Scott, jr. General Partner CITY OF VIRGINIA BEACH By -ity Manager (SEAL) Seal Attestt City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-witi 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that SAMUEL W. SCOTT, JR., General Partner, on behalf of CAVALIER PROPERTIES/HILLTOP whose name is signed to the foregoing agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 1984. Notary Public my Commission Expires: July 2, 1984 13e - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, tO-Witg I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITHI City Clerk, for the CITY OF VIRGINIA BOACH, whose names as such are signed to the foregoing LEASE, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 1984. Notary Public my Commission Expires: 6/28/84 (48.21) July 2, 1984 -4- - 14 - Item II-E. CONSENT AGENDA ITEM # 22168 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED, in ONE MOTION, Items 3* 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the CONSENT AGENDA. Items 1, and 2 were voted on separately. Item 3 was APPROVED for deferral until the City Council Meeting of August 6, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 15 - Item 11-E.1 CONSENT AGENDA ITEM # 22169 A Motion was made by Councilman McCoy, seconded by Councilwoman Creech, to ADOPT a Resolution authorizing the CHARGE-OFF of UNCOLLECTIBLE ACCOUNTS totaling $4,844.05. Said MOTION was WITHDRAWN. Upon MOTION by Councilwoman McClanan, seconded by Councilman Louis Jones. City Council DEFERRED until the City Council Meeting of July 9, 1984, a Resolution authorizing the CHARGE-OFF of TJNCOLLECTIBLE ACCOUNTS totaling $4,844.05. The City Manager and City Attorney will further advise City Council con- cerning these uncollectible accounts. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 15a R E S 0 L U T I 0 N WHEREAS, it is standard accounting procedure to allov for a charge-off of uncollectible accounts; and WHEREAS, an earnest &nd diligent effort has been made by City departments to collect their overdue accounts; and, WHEREAS, the following accounts which total $4,844.05 are deemed to be uncollectible: Police: Animal Control $ 390.00 False Alarms 185.00 Public Works: High*tays 3,807.05 Planning: 44.00 City Clerk 418.00 Total Amount to be Charged-Off $4 844.05 NOTE: The individual invoices are available for City Council review. NOW, THEREFORE, BE IT RFSOLVED BY THE CITY ODURCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA that $4,844.05 be charged-off as uncollectible accounts and removed from the City's records. This Reaolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. JCM/ORD/15 July 2, 1984 - 16 - Item II-E.2a. CONSENT AGENDA ITEM # 22170 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance to amend and reordain Section 21-102 of the Code of the City of Virginia Beach, Virginia,pertaining to UNAPPROVED EQTJIPMENT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 . - 16a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-102 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO UNAPPROVED EQUIPMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-102 of the Code of the City of Virqinia Beach, Virginia, pertaining to unapproved equipment is hereby amended and reordained as follows. Section 21-102. Sale or use of unapproved equipment. It shall be unlawful for any person to possess, with intent to sell or offer for sale, either separately or as a part of the equipment of a motor vehicle, or to use or have as equipment upon a motor vehicle operated on a highway any (i) lighting device, warning device, signal device, safety glass or other equipment on which approval is required by this chapter or by state law, or any part tending to change or alter the operation of such device, glass or other equipment, unless of a type that has been submitted to and approved by the superintendent or meets or exceeds the standards and specifications of the Society of Automotive Enqineers, the American National Standards Institute or the federal Department of Transportation or (ii) any speedometer which is not in good working order. Adopted this 2 day of July 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (F) 6/26/84 July 2, 1984 1 7 Item II-E.2b. CONSENT AGENDA ITEM 22171 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance to amend and reordain Section 38-1 of the Code of the City of Virginia Beach, Virginia,pertaining to CONCEALED WEAPONS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 17a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 38-1 OP THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO CONCEALED WEAPONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-1 of the Code of the City of Virginia Beach, Virginia, pertaining to concealed weapons, is hereby amended and reordained as follows. Section 38-1. Carryinq concealed weapons. (a) If any person carries about his person, hi(3 hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind, or (ii). dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks, blackjack, or any weapon of like kind, or (iii) nun chahka or any other similar flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which instrument may also be known as a .nunchuck" or "nunchaku," shuriken, fighting chain or any weapon of like kind, or (iv) any disc, of whatever configuration, having at least two (2) points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or (v) any weapon of like kind as those enumerated in this section,. he shall be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge. (b) This section shall not apply to any person carrying a concealed weapon in accord with permission granted by a circuit court pursuant to section 18.2-308 of the Code of Virginia. (c) This section shall not apply to any person while in his own place of abode or the curtilage thereof or to any police officers, sergeants, sheriffs, deputy sheriffs, or regular July 2, 1984 - 17b - game wardens appointed pursuant to Chapter 3 of Title 29 of the Code of Virginia. (d) This section shall not apply to any of the following individuals while in the discharge of their official duties: (1) Carriers of the Untied States mail in rural districts. (2) Officers or guards of any state correctional institution. (3) Noncustodial employees of the state department of corrections designated to carry weapons by the secretary of public safety or the director of the state department of corrections pursuant to Section 53-39 of the Code of Virginia. (4) Conservators of the peace, except that the followinq conservators of the peace shall not be permitted to carry a concealed weapon unless a permit is obtained pursuant to section 18.2-308 of the Code of Virginia: a. Notaries public. b. Registrars. c. Drivers, operators or other persons in charqe of any motor vehicle carrier of passengers for hire. Adopted this 2 day of July 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da ( F) 6/26/84 July 2, 1984 -2- - 18 - Item II-E.2c. CONSENT AGENDA ITEM # 22172 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DEFERRED until further clarification an Ordinance to amend and reordain Section 21-315 of the Code of the City of Virginia Beach, Virginia,pertaining to DISREGARDING STGNAL TO STOP BY POLICE OFFICER. (The City Attorney will review and advise City Council) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 18a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-315 OF THE CODE OF THE .CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO DISREGARDING SIGNAL TO STOP BY POLICE OFFICER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-315 of the Code of the City of Virginia Beach, Virginia, pertaining to disregarding signal to stop by police officer is hereby amended and reordained as follows. Section 21-315. Same-- DiSregarding signal to stop by police officers. (a) Any person who, having received a visible or audible signal from any police officer to bring his motor vehicle to a stop, shall operate such motor vehicle in a wilful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle or endanger other property or person, or who shall increase his speed and attempt to escape or elude such. police officer, shall be guilty of reekless-drivlng7 imprisonment a class 2 misdemeanor. (b) When any person shall-be is convicted of-reekless driv4ng under this section, in addition to the penalties provided herein, the operator's or chauffeur's license of such person may be suspended by the court or judge for a period not to exceed one year.,--prov4ded-thab7 However, in any case where the speed of the accused is determined to have exceeded the maximum allowed by fifteen (15) miles per hour, where the maximum speed is fifty-five (55) miles per hour or greater, the operator's or chauffeur's license shall be suspended by the court or judge trying the case for a period of not less than ninety (90) days. In case of conviction and suspension, the court or judge shall order the surrender of July 2, 1984 -18b- the license to the court, where it shall be disposed of in accordance with the provisions of section 21-276. Adopted this _ day of , 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (F) 6/26/84 July 2, 1984 -2- - 19 - Item II-E.2d. CONSENT AGENDA ITEM # 22173 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance to amend and reordain Section 23-7 of the Code of the City of Virginia Beach, Virginiapertaining to RESISTING OR OBSTRUCTING CITY OFFICERS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 19a - AN ORDINANCE TO AMENT) AND REORDAIN SECTION 23-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING To RESISTING OR OBSTRUCTING CITY OFFICERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-7 of the Code of the City of Virginia Beach, Virginia, pertaining to resistina or obstructinq city officers is hereby amended and reordained as follows. Section 23-7. Resisting, obstructing, etc., city officers. If any person, by threats, or force, attempt knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, witness, or any law-enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, he shall be deemed to be guilty of a Class I misdemeanor. Adopted this 2 day of July 1984, by the Council of the City of Virginia Beach, Virginia. RMS/da (F) 6/2 6/8 4 July 2, 1984 20 - Item II-E.2e. CONSENT AGENDA ITEM 22174 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance to amend and reordain Section 14-5 of the Code of the City of Virginia Beach, Virginia,pertaining to AIDLNG AND ABETTING OPERATION OF ILLEGAL GAMBLING. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 20a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 14-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO AIDING OR ABETTING OPERATION OF ILLEGAL GAMBLING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 14-5 of the Code of the City of Virqinia Beach, Virginia, pertaining to aiding or abettinq operation of illegal gambling is hereby amended and reordained as follows. Section 14-5. Aiding or abetting operation of illegal gambling activity. Any person, other than those specified in other sections of this chapter, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation, shall be guilty of a Class 4 1 misdemeanor. Adopted this 2 day of July 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (F) 6/26/84 July 2, 1984 - 21 - Item II-E.3 CONSENT AGENDA ITEM # 22175 Upon motion by Councilwoman Creech, seconded by Councilman Baum, CitY Council DEFERRED until the City Council Meeting of August 6, 1984, the following Ordinances: Ordinance to amend and reordain Section 35-6 of the Code of the City of Virginia Beach relating to penalty and interest when PERSONAL PROPERTY TAXES not paid on time by amending Subsection (c) and adding thereto a new Subsection (d) pertaining to a waiver of penalty and interest; AND, Ordinance to amend and reordain Section 35-37 of the Code of the City of Virginia Beach relating to penalty and in- terest when installment not paid on time by amending Sub- section (c) and adding thereto a new Subsection (d) per- taining to the waiver of penalty and interest (REAL ESTATE) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None July 2, 1984 - 22 - Item II-E.4 CONSENT AGENDA ITEM # 22176 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance, on SECOND READING, to accept funds totaling $59,305 from the Virginia Housing Development Authority and to appropriate these funds for the SECTION 8 Existing Housing Program and Moderate Re- habilitation Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 22a Requested by: The Office of Housing and Comunity Development AN ORDINANCE TO ACCEPT FUNDS TOTAIING $59,305 FROM THE VIRGINIA HOUSING DEVETOPMENT AUTHORM AND TO APPROPRIATE THESE FUNDS FOR THE SECTION 8 EXISTING HOUSING PROGRAM AND MODERATE REHABILITATION PROGRAM WHEREAS, the City of VirgLnia Reach has participated and wishes to continue its participation in the Section 8 Existing Houging Program and 14oderate Rehabilitation Program; and WHEREAS, the Virginia Housing Development AUthority (VHDA) has submitted a proposed Administrative Services Agreement and applicable addendum for the implementation of a Housing Assistance Payments Program for Existing Housing and the 14oderate Rehabilitation Programl and WHEREAS, the Office of Housing and Community Development (OHCD) has been designated to administer the programs, which will assist in housing low and moderate income persons; and WHEREAS, the total budget to administer the Section 8 Existing Housing Program and [4oderate Rehabilitation Program is $59,305.00, with VHDA providing full funding for the program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIT OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept funds for the City, and funds are hereby appropriated for the City's Section 8 Existing Housing Program and the Moderate Rehabilitation Progr" in the amount of $59,305.00. BE IT FURTHER ORDAINED that three personnel positions are hereby authorized for the duration of the funding, to be paid by VHDA as indicated on the attached sheet labelled "Exhibit A." AND BE IT FURTHER ORDAINED that the City Nanager is hereby.authorized to enter into an Administrative Services Agreement with VHDA for implementation of a Housing Assistance July 2, 1984 - 22b Payment Program for Existing Housing. Said agreement and addendum are attached hereto and incorporated by reference. FIRST READINGs June 25, 1984 SECOND READING: July 2, 1984 Adopted by the Council of the City of Virginia Beach, Virginia on this 2 day of jul,cts 1984. APPROVED AS TO CONTENT Maryanne Ustick, Assistant Fo-the City manager for Housing and Community Development APPROVED AS TO PORK David S. Hay, Assistant City Attorney DSH/em 6/13/84 (C) July 2, 1984 -2- EXHIBIT A CITY OF VLRCLNIA SFACH Section 8 Aaministrator (100%) $23,736.00 Section 8 Progr" Technician (100%) 14.7bO.OO Clerk-Tyl)iat 1 9 bOO.00 48,09b.UO MilittL-iiaticL, Ault) 352.00 EDC Apprux. 21% of salaries 10.857.00 'r(YrAL APPROVED BUDGLII' $59.305.00 Locality fee at 99% leasing 21.30 PUPM ADMINISTRATIVE SERVICES AGREEMENT ADDENDLN4 A The Administrative Services Agreement dated the First day of @ v , 19 83, by and between VIRGINIA H06SING DEVELOPMENT AUTHORITY and . Ihe trab Bvc! Office of ou@s n & Coninunity Development lnueYa ,n u, a Agent, is here y cot force n e ect for a term of ',c months commencing on the day of Julv 19 84 As compensation for its services rendered hereunder, the Authority shall pay to the Agent a fee of $ 21-29 oer unit under lease all or part of the precieding month, which may bi revised tiy Addendum to this Agreement. The fee payable with respect tO any particular month shall be due and payable during the following month The monthly fee Is based on anticipated expenies and number of units estimated to be under lease. Since Virginia Housing will consider adjustments to this fee, if necessary during the tenn of this Agreement. it is the Agent's responsibility to maintain accurate records of expenses incurred. Although income earned fr(xn administrative fees is not cost certifiable, expenses may be audited btationship VHDA staff and/or its designees to ensure their reasonableness and their re to housing and housing programs locally. A surplus of fees earned by the Agent will be utilized to offset estimated expenses at the renewal of this Agreernent. A penalty of S 29 will be imposed for each lease packet which is submitted for approval after the established deadline (unless prior approval is obtained) and for packets that contain errors. In the event the Agent habitually submits leases after the deadline, VHDA reserves the right to impose adininistrative remedies or additional monetary penalties. This Agreement will be effective for the period of July 1, 1984 through@ne 30, 1985 on the following project(s)-- 37-01 37-02 37-03 37-04 IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed by their duly authorized officers or agents as of the day and year written below. APPROVED AS TO CONTENT THORITY 1. Ustlc-k 0 rof Housi d Comunity Development Date: CITY nF VIRCIMIA DuAru AGENT By: Thomas M. Muehienbeck Title: City Manager Date: VHDA Form W. MD:711-A Page I of I SECTION 8 140DERATE REHABILITATION PROGRAM A014INISTRATIVE SERVICES AGREEMENT ADDEI:Dto-l C This Addendum to the Administrative Services Agreeinent dated the Firs@ day of July 19 83 , by and between VIRGINIA HOUSING DEVELOPI-ILNT AUTHORITY and The Vrriln, ch ng a p@i-pi f.)g now 0 el shal ct ,,,io@ Age t@ e e7 e i,eft e of u,,t oay D'F I and ihal'. continue in full force and ef ect concurrent with the dates specified in the Agreement. The following specific provisions apply to the Section 8 Moderate Rehabilitation Program (hereinafter referred to as the 014oderate Rehab Program") in addition to those included in the Agreement: 1. The provisions regarding publishing and disseminating Information for the Existing Housing Program as delineated in paragraph 7 of the Agreement shall not apply to the Moderate Rehab Program. For the Moderate Rehab Program, the Agent may be directed to have published and to disseminate only Authority provided infomation. Any such publication of information shall conform to the Authority's Equal Housing Opportunity Plan and the Agent shall have all publication charges invoiced to the Authority, to the attention of the Program Manager for Moderate Rehab. 2. The,Agent shall receive and review applications for eligibility frcxn: (1) tenants in residence at the time the owner's proposal is sutxnitted to the Authority and as directed by the Authority; (2) applicants to Moderate Rehab units fr(xn the locality's waiting list; (3) applicants to Moderate Rehab units from the owner, as applicable; and (4) tenants who have moved in during the period which the Agreement to Enter into the Housing Assistance Payments Contract (AHAP) is in force. The Agent shall receive and review applications for eligibility. The Agent shall detennine eligiblity of appli- cants and shall notify those applicants determined to be eligible, initially with prior Authority approval. In the event that an applicant is determined to be ineligible, the Agent shall so notify the applicant by written corres- pondence stating the reasons for ineligibility and advising that the applicant may request, within a reasonable period of time, which shall be stated in the correspondence, an informal hearing with the Authority. In the event that there are more eligibile applicants than can be assisted, the Agent shall maintain a waiting list, which is used jointly for the Section 8 Existing and Moderate Rehab programs, notifying applicants in writing that they have been placed on the waiting list. 3. The Provisions of paragraph 13 of the Agreement regarding issuance of Cert- ificates according to selection priorities in the Existing Housing Program shall not apply to the Moderate Rehab Program. For the Moderate Rehab Program. tenants occupying Moderate Rehab units at the time the "Housing Assistance Payments Contract" is signed will be assisted in accordance with the effective date of the Contract. if still detemined eligible. Vacant Moderate Rehab units will be filled by referring active Certificate Holders to the unit; then families presently on the Waiting List in order by date of application. All individuals will have a choice of either accepting the Moderate Rehab unit or waiting for another eligible unit, keeping their same status as a Certifi- cate Holder or maintaining their place on the Waiting List. 4. The provisions of paragraph 14 of the Agreement regarding the supplying of Certificate Holder's Packets to eligible families shall not apply to the Moderate Rehab Program. For tenants eligible under the Moderate Rehab Program, the Agent shall conduct a tenant briefing advising the tenant of his responsibilities and those of the owner of the unit under the Moderate Rehab Program by providing a full explanation of those matters set forth in 24 CFR 882.SI4(d) (1) and (2). 5. The provisions of paragraph 15 of the Agreement regarding rendering of assistance to families shall apply to the Moderate Rehab-Program when @Moderate Rehab units become vacant. VHDA Form No. MD:.711-C Page I of 2 4/83 6. The provisions of paragraph 16 of the Agreement regarding the selecting of a unit by the family shall not apply-to the Moderate Rehab Program. However. usage of VHDA's model lease for Moderate Rehab units is required. VHDA approval of any addendlos to the lease is also required. 7. The provisions of paragraph IS apply, however, not to the effective date of the Housing Assistance Pownts contract but instead to the effective date of the lease. 8. The provisions of paragraph 19 regarding the reasonableness of unit rentals shall not apply to the @rate Rehab Program. 9.-The provisions of paragraph 10 of th,, Agreement apply except that the fee for Moderate Rehab units is $ 21.6 for each unit under lease per month. 10. A penalty of $-Zl_fi!s will be imposed for each lease packet which is submitted for approval after the established deadline (unless prior approval is obtained) and for packets that contain errors. In the event the Agent habitually submits leases after the established dead- line. VHDA reserves the right to impose administrative remedies or additional monetary penalties. VIRGINIA ING DEVE@OP14ENT AUTHORITY CITY OF VIRCINIA RFACH Iv! By: 115'. CPH Thoms H. Nuehienback nf Hn,,Cino U Title: Date: Date: APPROVED TO CONTEN@ I . Us t I c-k Direttor of Housing and Community Developmnt VH()A Form No. MD:711-C Page 2 of 2 4/83 - 23 - Item II-E.5 CONSENT AGENDA ITEM # 22177 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an Ordinance, on FIRST READING, to accept a grant award from the Department of Housing and Urban Development and to appropriate funding for the COMMUNITY DEVELOPMENT TENTH PROGRAM YEAR ($2,532,000). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 23a - AN ORDINANCE TO ACCEPT A GRANT FROM THE DEPARTMERR OF HDUSING AND URBAN DEVELOPMENT AND 70 APPROPRIATE FUNDDC FIOR THE CCMNITY DEVEID@ p YEAR WHEREAS, the Departnent of Housirig and Urban Devel t (HUD) has awarded a grant of $2,432,000. for fwiding the Ccnuunity Devel t Tenth Pro- gram Year, and WHEREAS, Program Inccme from Water and Sewer Fees and Loan Repaymnts of $100,000. is available for use, and WBEREAS, the Departnient of Housing and Urban Development has approved the C@ity Devel t Tenth Progrean Year budget. NOK, RE, BE IT 0 BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA: That funding frcrn HUD be accepted and funds appropriated for the following projects and purposes: APPROPRIATIONS ALIRIVITY $ 862,016. Lake Smith Water/Sewer/Streets 100,000. Gracetc)wn Streets 100,000. New@ Farrn Streets 50,000. Seatack Streets II A 50,000. Seatack Streets III 25,000. Seatack Streets II B 25,000. Seatack Streets IV 300,000. Mill Darn Water/Sewer/Streets 250,000. Relocation 233,867. Last Resort Housing 50,000. Rehabilitation 486,117. istration $2,532,000. 7nAL APPROPRIATIONS That the appropriations will be financed by $2,432,000. in federal funds fran HUD, and $100,000. fran program income. FIRST @ING: July 2, 1984 SBCOND READING: Adopted by the Council of the City of Virginia Beach on the. day of 1984. APPROVED AS TO CONTENT SIGNAILWI July 2, 1984 DEPARTMENT 'o M ff - - 24 - Item II-E.6 CONSENT AGENDA ITEM # 22178 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an Ordinance, on FIRST READING, to allocate additional positions to the Office of the COMONWEALTH'S ATTORNEY and appropriations in the amount of $33,535 be added to the FY 1985 Cornmonwealth Attorney's budget. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 24a AN ORDINANCE TO ALLCXATE ADDITIONAL POSLTLONS TO THE OFFlCg OF TIIE COMMONWEALTH'S ATTORNEY WHEREAS, in the development of his FY 1985 budget request, the Commonwealth Attorney expressed the need for additional clerical posi- tions, and WHEREAS, the City recognized the need for two clerical positions in the FY 1985 Operating Budget, but did not include the positions in the budget because they had not been approved by the Compensation Board, and WHEREAS, the City has now received notification from the Compensa- tion BoArd of the approval of the two clerical positions, with related expenses, and WHEREAS, the total cost for the two positions is $33,535 of which $10,938 will be supported by an increase in estimated revenues from the Commonwealth with the remainder to be transferred from PY 1985 Reserve for Contingencies, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that two additional clerical positions be allocated to the FY 1985 budget of the Comwnwealth's Attorney and that appropriations in the amount of $33,535 be added to the FY 1985 Commonwealth's Attorney's budget for the positions and related expenses to be funded by an increase of $10,938 in estimated revenues from the Commonwealth and a transfer of $22,597 from the FY 1985 Reserve for Contingencies. First Reading: July 2, 1984 Second Reading: Approved by the Council of the City of Virginia Beach on the day of 1984. PWC 13/3 July 2, 1984 - 25 - Item II-E.7 CONSENT AGENDA ITEM # 22179 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an Ordinance, on FIRST READING, to allocate additional positions to the SHERIFF'S OFFICE and appropriations in the amount of $72,112 be added to the FY 1985 Sheriff's Office budget. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 25a AN ORDINANCE TO ALLOCATE ADDITIONAL POSITIONS TO THE SHERIFF'S OFFICE WHEREAS, in the development of his FY1985 budget request, the Sheriff expressed the need for additional positions, and WHEREAS, the City recognized the need for five positions in the FY1985 Operating Budget, but did not include the posi- tions in the budget because they had not been approved by the Compensation Board, and WHEREAS, the City has now received notification from the Compensation Board of the approval of five new positions, two civil processors, two bailiffs and one clerk, and WHEREAS, the total cost for the five positions is $72,112 of wbich $25,722 will be supported by an increase in estimated revenues from the Commonwealth with the remainder to be transferred from FY1985 Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that five additional positions be allocated to the FY1985 budget of the Sheriff's office and that appropriations in the amount of $72,112 be added to the FY1985 Sheriff's Office budget for the positions to be funded by an increase of $25,722 in estimated revenues from the Commonwealth and a transfer of $46,390 from the PY1985 Reserve for Contingencies. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on day of 1984. FIRST READING: July 2, 1984 SECOND READING: APpr,OVED AS TO CONTENR JCM/ORD/15 July 2, 1984 DEPARTMENT - 26 - Item II-E.8 CONSENT AGENDA ITEM # 22180 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an Ordinance on FIRST READING, to accept a grant from the Department of Corrections totaling $90,072 and to appropriate these funds for the VIRGINIA BEACH CO@ITY DIVERSION PROGRAM. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 26a - AN ORDINANCE M ACCEPR A GRANT FROt4 THE DEP@ OF CORFBMONS TMALING $90,072 AND 70 APPROPRIATE THESE EU" FOR THE VIRGMM BEACH CCMUNITY DIVERSION P the Virgmia General As@ly has enacted the ity Corrections Incentive Progran which makes funds available to jurisdictions within the nwealth for the purposes of diverting qualified rion-violent offenders fran the State penitentiaries for the purpose of rehabilitating these offenders and allowing them the opportunity to neke restitution for their crimes; and WHEFtEAS, the City of Virginia Beach is currently operating such a prograin; and , the Virginia De t of Corrections has approved the necessary fun@ to continue the Virg@ Beach C ty Diversion Program fran July 1, 1984 through June 30, 1985 to accanplish the objectives stated above. NOW, RE, BE IT 0 BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized to accept the grant for the City and funds are hereby appropriated for the followin purposes: Estimated Revenue L<)Cal Total frcin Other Agencies Match Apprcpriations CcmnLmity Diversion Prograin $90,072 $0.00 $90,072 BE IT ORDAINED that two persomel positions are hereby authorized for the duraticn of the grant to be paid fran the grant with the classes of the employees to be detennined by the City Manager. FIRST READING: July 2, 1984 SECOND READIM: AdaPted by the Council of the City of V@ima Beach on the day of 1984. APPpOVED AS TO CONTENT July 2, 1984 DEPARTMENI r, . - 27 - Item II-E.9 CONSENT AGENDA ITEM # 22181 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an Ordinance on FIRST READING, to accept a grant totaling $2,012 from the VIRGINIA DIVISION OF MOTOR VEHICLES and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 27a - AN ORD To A TOrALING $2,012 FROM THE VIRGINIA DIVIF'ON OF MDTOR VEHI-@ AM TO APPI,@i,@ THESE City Council is interested in irnpraving traffic safety arxi reducing traffic accidents within the City of Virginia Beach; and WHEREAS, a grant of $2,012 fran the Virginia Division of motor Vehicles is available for these purposes; and WHEREAS, no local funds are required. NOW, RE, BE IT 0 BY THE IL OF THE CITY OF VI BEACH that furids fran the above grant be accepted and $2,012 be appropriated to carry out the program as follows: Public Works, Traffic Enqineerinq Division Traffic Engineering Training $2,012 BE IT FUEMIER 0 that estiniated revenues fran the federal government be increased by $2,012 to finance the appropriaticn. This ordinance shall be effective frcm the date of adcption. FIRSr @ING: -July 2, 1984 SEODND @ING: Adopted by the Cctmcil of the City of Virginia Beach on the day of 1984. APpp.OVED AS TO CONT@NT July 2, 1984 - 28 - Item II-E.10 CONSENT AGENDA ITEM # 22182 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance approving the relocation of the PEMBROKE BOULEVARD WATER LINE and appropriating the funds necessary to relocate the water line and vacating the easement where the water line is pre- sently located ($50,000.00) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *THIS ITEM WAS ADOPTED IN ERROR -- SHOULD HAVE BEEN APPROVED ON FIRST READING, SUBJECT TO SECOND READING ON JULY 9, 1984. July 2, 1984 - 28a - REQUESTED BY: DEPARTMENT OF PUBLIC UTILITIES ORDINANCE APPROVING THE RELOCATION OF THE PEMBROKE BOULEVARD WATER LINE AND APPROPRIATING THE FUNDS NECESSARY TO RELOCATE THE WATER LINE AND VACATING THE EASEMENT WHERE THE WATER LINE IS PRESENTLY LOCATED WHEREAS, prior to 1972, the City of Virginia Beach (City) constructed a water line in an easement along a route that was anticipated to be the location of Pembroke Boulevard; and WHEREAS, subsequent to the installation of that water line, the City constructed Pembroke Boulevard in its present location, which location is different than the one contemplated when the water line was installed; and WHEREAS, the City agreed in February of 1972 that the easement would be vacated and the water line would be relocated at no expense to Frederick J. Napolitano (Developer) if it was deemed to interfere with the orderly development of commercial property on the north side of Pembroke Boulevard; and WHEREAS, Developer claims that said water line is presently interfering with that development because it is impeding all proposed sales of the property; and WHEREAS, the City has made an investigation of this matter and determined that the water line should be relocated in keeping with the terms of the aforementioned agreement; and WHEREAS, the developer has agreed to dedicate the necessary easement to allow the relocation of this water line to a route parallel to the north side of Pembroke Boulevard and adjacent thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the City to proceed with the engineering and design plans which are necessary for the completion of this project and to begin construction of this project as soon as said engineering and design plans have been completed. July 2, 1984 - 28b - 2. That funds in the amount of Fifty Thousand Dollars ($50,000.00) be appropriated from the general fund to the Department of Public Works for the funding of this project. 3. That the City Manager of the City of Virginia Beach be authorized to execute a quitclaim deed to the Developer for the purpose of vacating the easement that is described on the deed that is attached hereto and made a part hereof and which is incorporated herein by reference. Adopted this day of July 1984, by the Council of the City of Virginia Beach, Virginia. KJC/da (B) NOTE: Three fourths vote of Council is 5/24/84 required-for adoption. 5/25/84 6/5/84 FIRST READING: July 2, 1984 SECOND READING: -2- July 2, 1984 - 29 - Item II-E.11 CONSENT AGENDA ITEM # 22183 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance to transfer funds of $57,000 within the Department of Public Works to provide for the use of TEMPORARY LABOR SERVICES. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 29a AN ORDINANCE TO TRANSFER FUNDS OF $57,000 WITHIN THE DEIIARTMENT OF PUBLIC WORKS TO PROVIDE FOR THE USE OF TEMPORARY LABOR SERVICES WHEREAS, the Department of Public Works has utilized a temporary labor services program in FY84 and is very pleased with the results of the program, and WHEREAS, rather than fill certain vacant personnel positions, the department has augmented labor crews with temporary labor contracted from private firms, and WHEREAS, the advantages of the program are greater flexibility of manpower and reduction in personnel costs, and WHERFAS, the department desires to continue the program in FY85 and will freeze six personnel positions in order to transfer $57,000 for the progran. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $57,000 be transferred within the Department of Public Works from personnel costs to contractual services in order to continue the temporary labor services program for FY1985. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Second day of July 19 84 JCM/ORD/13 July 2, 1984 - 30 - Item II-E.12 CONSENT AGENDA ITEM # 22184 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance to transfer funds of $56,448 within the Department of Public Works to continue the Pavement Maintenance Management System (PAVER). Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Eeischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 30a - AN ORDINANCE TO TRANSFER FUNDS OF $56,448 WITHIN THE DEPARTMENT OF PUBLIC WORKS TO CONTINUE THE PAVEMENT MAINTENANCE MANAGEMENT SYSTEM (P"ER) WHEREAS, the U. S. Army Corps of Engineers has developed a computerized pavement maintenance management system which is a tool for engineering analysis and has capabilities in budget forecasting, project prioritization, and life-cycle costing, and WHEREAS, City Council approved funding for FY84 for the P"ER Survey Inspection teams to gather data on local pave- ment in order to utilize the system for the Selection Of payment for resurfacing, and WHEREAS, the Department of Public Works desires to ,n- tinue the survey teams for a city-wide evaluation of road,ays which is estimated to be a three-year project, and WHEREAS, the effort for the PAVER program for fiscal year 1984-1985 will require funds of $56,448 whi.h can be provided by transfer within the Department of P,,blic Works from the resurfacing account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $56,448 are hereby transferred within the Department of Public Works from the resurfacing account to contractual and internal services accounts for the purpose of continuing the Pavement Maintenance Management System (P"ER). This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on Second day of July 1984. JCM/ORD/11 'J4lY 2, 1984 - 31 - Item II-E.13 CONSENT AGENDA ITEM # 22185 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance to apply for RENTAL HOUSTNG REHABILITATION FUNDS from the U.S. Department of Housing and Urban Development. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 31a - REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ORDINANCE TO APPLY FOR RENTAL HOUSING REHABILITATION FUNDS FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the United States Congress has established legislation designated as Section 301 of the Housing and Urban-Rural Recovery Act of 1983 providing for rental housing rehabilitation assistance, WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives such as the elimination Of deterioriated conditions in low and moderate income neighborhoods; the elimination of conditions which are detrimental to health, safety and welfare; and the conservation and expansion of the Nations'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 implementing this program and desires to initiate an application for Rental Housing Rehabilitation Program funds in the amount of $127,100. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such information or materials, as may be necessary, to be provided to the Department I 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. July 2, 1984 31b - 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 2 day of July 1984. APPROVED AS TO CONTENT: Housing and Community Development ,APPRO.VED AS To ropm ,@ 5A, DEPARThAF OF LAW July 2, 1984 - 32 - Item II-E.14 CONSENT AGENDA ITEM # 22186 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement with BASICS, INC. to provide CHILD CARE SERVICES to children of low and moderate income families. (JOB BILL FUNDS) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 32a - REQUESTED BY THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT: ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BASICS, INC. TO PROVIDE CHILD CARE SERVICES TO CHILDREN OF LOW AND MODERATE INCOME FAMILIES WHEREAS, the City has received funds from the U.S. Department of Housing and Urban Development under the Emergency Jobs Bill of 1983 (P.L. 98-8); and WHEREAS, the City has allocated a portion of these funds to be utilized for the provision of Day Care Services to children of low and moderate income families; and WHEREAS, the City solicited proposals from organizations desirinq to use these funds to provide Day Care Services to children of low and moderate income families; and WHEREAS, BASICS, INC. has submitted a proposal that complies with all of the terms and conditions of the Request for Proposal and represents that it is qualified and willing to perform the services in connection with providing Day Care Services to children of low and moderate income families in accordance with the terms and conditions of an agreement providing for the sum of Seventy-Seven Thousand Dollars ($77,000.00); NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the City Manager is hereby authorized and directed to enter into an agreement with Basics, Inc. for the purposes referenced above and for the terms and conditions more fully specified in an agreement attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 day of July 1984. DSH/re 6/2 2/8 4 m I SC July 2, 1984 CONTRACT TO PROVIDE DAY CARE SERVICES TO PERSONS OF LOW AND MODERATE INCOME This Agreement, entered into as of the Iq@ y of i984, is a contract by and between the City of Virginia Beach (hereinafter called CITY) and Basics Child Care Center (hereinafter called Basics). W I T N E S S E T H: WHEREAS, the CITY has received funds from the U. S. Department of Housing and Urban Development under the Emergency Jobs Bill of 1983 (P. L. 98-8); and WHEREAS, the CITY has allocated a portion of these funds to be utilized for the provision of Day Care Services to children Of low and moderate income families; and WHEREAS, the CITY has solicited proposals from organizations desiring to use these funds to provide the Day Care Services to children of low and moderate income families; and WHEREAS,BASICS has submi tted a proposal which complies wi th aII of the terms and conditions of the Request for Proposal and represents that it is qualified and wiDing to perform the services in connection with providing Day Care Services to children of low and moderate income families NOW, THEREFORE, in connection with these premises and mutual covenants, promises and representations contained berein, the two parties do mutually agree to the following: T E R M S A N D C 0 N D I T I 0 N S 1. Definitions: The foilowing terms are defined as to their usage in this agreement A. "CITY". Wherever the word "CITY" appears, it shall mean the local govern- ment in the City of Virginia Beach, as represented by its City Manager or his designee. Specifically, the principal City agency responsible for the administration of this agreement Is the Department of Housing and Community Development. B. Wherever BASICS appears, it shall mean BASICS C14ILD CARE CENTER, INC. located at 3880-2 Holland Road, Virginia Beach, Virginia, represented by its Director, Mary Helen Moore. I . Dama es. BASICS shall be responsible for the professional quality, technical accuracy and the coordination of all Day Care Services activities and the work to be performed by its staff and supervisors under THIS AGREEMENT. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the services required under THIS AGREEMENT shall be construed to operate as a waiver of any rights under THIS AGREEMENT or of any cause of action arising out of the performance of THIS AGREEMENT, and BASIC$shall be and remain liable to the CITY for all damages, to the CITY caused by Its negligent performance of any of the services furnished under THIS AGREEMENT. The rights and remedies of the CITY provided for under THIS AGREEMENT are in addition to any other rights and remedies provided by law. BASICS shall indemnify and hold harmiess the CITY and its agents, servants, employees and officers frofn all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind of nature (including attorney's fees) caused by or resulting directly or indirectly from negligent performance of any of the services furnished under THIS AGREEMENT; and without limiting the generality of the foregoing, the same shall include injury or death to any person or persons and damage to any property, including that of the CITY, or for.breach of warranty by Basics expressed or implied. Ill. Insurance: 1. BASICS shall, within ten (10) days from the date of signing of THIS AGREEMENT, file with the CITY certificates or policies of workmen's compensation and automobile liability, satisfactory to the CITY in cornpliance with the law, and in form and amount sufficient to properly protect the CITY andBASICS until final acceptance of the services. Each certificate or policy shall carry the provision that the CITY shall be given thirty (30) days prior written notice of any cancella- tion or material reduction in coverage. 2. BASICS shall carry workmen'5 c(xnpensation insurance as provided by Virginia State Law. 3. BASICSagrees to secure and maintain In effect at all times during the period THIS AGREEMENT is in effect, comprehensive general liability insurance at limits not less than Five Hundred Thousand Dollars ($500,000) cornbined single limit and automobile liability insurance at limits not less than Five Hundred Thousand Dollars ($500,000) combined single limit. Such insurance shall be written by a company authorized to do business in the Commonwealth of Virginia and acceptable to the CITY. Proof of insurance shall be submitted to the CITY prior to beginning work under the contract, and shall be maintained In full force and effect during the entire term of the contract. IV. Ownership of Documents: It is understood and agreed by and between the parties hereto that all reports, studies, calculations, memoranda, estimates, com- putations. etc. produced by BASICS in the axecution of THIS AGREEMENT shall become and remain the property of the CITY upon termination of completion of the workand the CITY shall have the right to use same for any public purpose without cornpensation to BASICSother than as hereinafter provided. -2- V. General: BASICS warrants that they have not employed or retained any company or person, other than a bona f Ideemployee worklng solel y for BASI CS, tosol icit or secure THIS AGREEMENT, and that they have not paid or agreed to pay any person, partnership, corporation or any other entity, other than a bona fide employee working for any fee, commission, percentage, brokerage fees, gifts, or any other considera- tion contingent upon or resulting from the award or making of THIS AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to annul THIS AGREEMENT without liability, or In its discretion to deduct frorn THIS AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage brokerage fee, gift or contingent fee. 2. BASICS shall not engage the services of any person or persons in the present employment of the CITY on any work covered by THIS AGREEMENT without written permission frofn the CITY. 3. BASICS-shall not sublet or assign all or any part of the work under THIS AGREEMENT without the prior written approval of the CITY and consent to sublet, assign or otherwise dispose of any portion of THIS AGREEMENT.This shall be construed to relieve BASICS of any responsibility for the fulfillment of THIS AGREEMENT. 4. All questions in dispute under THIS AGREEMENT may be submitted to arbitration if agreed to in writing by both parties to THIS AGREEMENT. 5. BASICS shall comply with all federal, state and local laws and ordinances applicable to the work in effect on the effective date of THIS AGREEMENT. 6. The CITY shall assist BASICS by placing at their disposal all available information pertinent to the project as soon as practicable after request by Basics for such information. 7. The CITY reserves the right to terminate THIS AGREEMENT In whole or in part at any time after receipt of fifteen (15) days advance notice in writing, after which period BASICS shall deliver to the CITY all records and other data completed or partially completed and these shall become and remain the property of the CITY. 8. In the event THIS AGREEMENT Is so to@minated, payment shall be made on the basis of the actual percent complete on the effective date of termination. Changes in Work: No change in the character or extent of the work to be per- formed by BASICS and affecting the time or the compensation shall be made except by supplemental agreement in writing between the CITY andBASICS. The supplemental agreement shall set forth the proposed changes in work, extension of time for com- pletion and adjustment of the compensation to be paid BASICS , if any. vii. Claims for Extra Compensation: In any case where BASICS believes extra com- pensation Is due for work and services not clearly covered by THIS AGREEMENT or supplement thereto, BASICS shall promptly notify the CITY in writing of their inten- tion to make claim for such extra compensation before they begin the work on which they base their claim. If such notification is not given, no claim for such extra compensation will be considered. Such notice by BASICS shall not in any way be construed as proving the validity of the claim. The claim must be approved by the CITY. In case the claim is found to be just, it shall be aliowed and paid for as extra work In accordance with the terms of a supplemental agreement entered Into before such work is started. The costs incurred by BASICS in preparing a claim shall be maintained in a separate account. Such account shall be clearly coded and identified and shall be subject to audit by the CITY. These costs shall be come a part of the claim and serve as documentation thereto. If the claim is allowed and paid, these costs shall become and be paid as a part of the claimed payment; if disallowed, the costs of preparing the claim will be also disallowed. If the claim is allowed and paid in part, the cost of preparation will be paid on a pro-rata basis. VIII. Delaa: In the event of a substantial delay In progress of work due to factors other than results of BASICSoperation or actions, the maximum total compensation payable, net fee and schedules of c(xnpletion will be subject to review upon request by BASICSor the CITY, accompanied by adequate substantiating data to justify a change. Aiiy consideration given as a resuit of the above delays will be made on an individual basis with a study being made of the influencing factors at the time of each delay. IX. Scope of Services: BASICSshall provide the following services In a proper and effective manner as determined by the CITY in connection with providing Day Care Service to children of low and moderate income families. -4- A. BASICS shall increase its enrollment frofn thirty (30) to sixty (60). One hundred (100) percent of the increase shall be children from families Wiose incomes are within the limits established by the U. S. Department of Housing and Urban Development. However, such families receiving child day care services funded by the Jobs Bill Program shall be families who are not eligible to re- ceive child day care services from the Virginia Beach Department of Social Services. B. Families selected for participation under the terms of this contract shall be selected on the basis that provision of Day Care Services by BASICS will allow the family member(s) to seek employment, to attend school or to retain employment. C. Families selected for participation under this agreement shall be charged a fee based on a sliding scale of income, whereby the fee charged for Day Care Services shall be lower than those charged for a family that does not qualify under the income guidelines in "A" above. This sliding scale is attached to this agree- ment as Appendix A. D. Priorityshall be given to families residing in Virginia Beach Community Development target neighborhoods for Day Care Services covered under this agreement. E. BASICS shall provide transportation to persons desiring Day Care Services under this agreement if such services are needed by the families. F. BASICS shall provide employment opportunities and counselling to unemployed persons for any employment that is generated as a result of this contract. Employment opportunities will be provided to persons qualified for designated jobs to be deter- mined by BASICS. G. Any equipment costing more than $1,000.00 shall be used solely for carrying out the provisions in this agreement, and once terminated, disposition of such equipment shall be negotiated with the City of Virginia Beach for continued use, if such use is for a public service. In the event of the termination of this agreement for cause, all such equipment shall become the property of the City. if such equipment is to be used for transportation, such equipment purchased by Jobs Bill funds shall be used for the transportation of children of low and moderate income families for the term of this agreement and for a period of twenty-four (24) months thereafter. H. BASICS shall provide a plan of at least a twenty-four (24) month duration of how it projects to continue its services on behalf of low and moderate income persons after the termination of this agreement. This plan is attached to this agreement as Appendix C. -5- 1. BASICS shall submit a budget, which shall be approved by the CITY, detailing the use of funds covered under this C-Ontract. X. Contract Duration: All services identified in Section IX, A through 1. shall be completed by December 31, 1984. Xi. Subcontracts: BASICS shall not subcontract or otherwise assign any of the services covered in Sections IX and X without prior written approval by the CITY. Any approved subcontracting activities will comply with applicable business opportunity standards for federally assisted contracts. Xii. Programmatic Reviews: From time to time during the term of this contract, the CITY may review and evaluate the-content, quality and progress of the program outlined in this document. This will be accomplished by monitoring the books, accounts and records of BASIC to assure that funds are spent in the manner prescribed in this agreement. As a result of such review and evaluations, the CITY may require in writing that the scope of services be revised. BASICS will acknowledge such change(s) and indicate how the change(s) is(are) being implemented. Xill. Rules and Regulations: All the ruies and regulations promulgated pursuant to, and otherwise applicable to,the Emergency Jobs Bill of 1983 (P.L. 98-8) are hereby incorporated by reference. BASICS is responsible to the CITY for complying with those rules and regulations which are applicable to this contract, as determined by the CITY. The CITY'S Grant Agreement with the U. S. Department of Housing and Urban Development for the Emergency Jobs Bill shall take precedence over any conflicting conditions in this contract. All the rules and regulations of Section 109, Titfe I of the Hcu,.ing and Community Development Act of 1974 are applicable to this contract. It states that "No person In the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or In part with funds available under this title."' XIV. Environmental Review: The CITY will meet any environmental impact, protection, review responsibilities entrusted under the National Environment Policy Act of 1969 (Public Law 91-190) and the regulations Issued pursuant therito. XV. Contract Records: BASICS shall meet the following conditions on any and all records and documents pertaining to.this contract. A. Access: BASICS hereby grants access to any duly authorlzedrepresenta- tive frcxn the CITY, frotn the Comptroller General of the United States, frim tow U. S. Department of Housing &W Urbm ft"l oW o~ agency, to the records and documents pertaining to this contract which are In their possession or under their control. Such access shall be for the express purpose of making audit, examination, excerpts, and transcriptions thereof. B. Maintenance: BASICS shall preserve and maintain all contract records and documents for at least three (3) years after the CITY makes final payment of this contract, after all pending matters under this contract are closed. or after the time frame stated In Section X, whichever Is later. XVI. Termination: The CITY and BASICS hereby agree to the following conditions, processes, and rights pertaining to contract termination. A. For Cause: The CITY retains the right to terminate this contract for cause, as determined through standard contract administration principles and as provlded by Law. B. Funding Disruption: If the CITY'S Emergency Jobs Bill Grant Is terminated, restricted, or otherwise curtailed in any manner, this contract will terminate autornatically on the date of such action. C. Noncompliance: If BASICS falls to comply with the rules and regulations referenced in Section XIII, the CITY reserves the right to terminate this contract after a reasonable attempt to secure compliance. D. Notification: If this contract is teminated, the CITY shall immediately notify BASICS In writing. Such notice will Include the affective date, the time, and the reason(s) for the action, and the Identity of a contact person with whom to close out any pending matters. E. Settlement Compensation: The CITY shall compensate BASICS only for services rendered up to the date and time of the temination and accepted by the CITY as satisfactory. Such conpensetion shall be paid when all pending matters from the contract are closed out. XVII. Employee lnter4est: The CITY hereby certifies that no knowledge exists which reveals a real or apparent conflict of Interest by any CITY employee participating in the selection, award. or administration of this contract. XVIII. Compensation:- The CITY and BASICS agree to the following terms relating to compensation under this contract. A. Contract Limitation: The total sum of all payments made by the CITY to BASICSfor services under this contract are not to exceed Seventy-seven Thousand Dollars ($77,000.00). This sum shall constitute full and total compensation for the services identified herein and rendered to the CITY. Only Twenty-four Thousand Dollars ($24,000.00) of th-is amount shall be used for equipment. The remainder may be used for that proportion attributed to B . @d et : B AS I CS i ha II provi de a complete budge t detai Ii ng how the funds vi II be utilized in the car ry i ng out of theprovisions of THIS AGREEMENT. Such budget shall be compiled delailing all income and expenses and specifically delineating whal portion of the expenses are being subsidized by this grant aiid shall be made a part of THIS AGREEMENT (Appendix B). Such budget must be al)l)rove d by the Ci ty Manager or h is desi gnee prlor to an aut hori zat ion to pro- ceed being provided to BASICS. XIX. Method of P2X@nt: The CITY shall pay BASICS ionthly upon receipt of an invoice identifying the services for which payment is sought and detailing the aCLual expend i tures incur red, except L hat the f i rst payment s ha II be an Advance Payment. The Advance Payment shall detail the expenditurcs expected to be i iicur red for L he iiion t Ii fol low i ng rece i pL of Lhe Advance Payiiient. The Advance P,4yiiienL tliaII be in accordancu Wi L Ii ati approved budget wlii cli SI)AII be iiiade a I)arL of THIS AGREEMENT. SubsequcnL I)ayments shall be ifiade upon reccipl of an accounting ol Lhe use of the advance, accompanied by a requisition for payment upon which BASICS shall idenlify and certify the services coiiipleted and stating that it is due the funds. XX. Contract @ ti@rety: This contract is complete in itself and forms the entire agreement between the CITY and BASICS. No changes, alterations, or amendments to this contract may be made by either party without the express written consent or acceptance of the other party. "I. LountellaLts: This contract shall be executed in three (3) counterparts, each of which shall be deemed to be an original contract. One counterpart shal I be given to BASICS and the remaining two (2) counterparts shal I be retained by the CITY. IN WITNESS WHEREOF, the parties of this contract do hereby execute this document by tlie signatures of the respective chief executive officers, as duly authorized. CITY OF VIRGINIA BEACH BY: BY: Thomas H. Muehlenbeck City Manager DATE: DATE: TESTE: ATTEST: Ruth Hodges Smith Ci ty Clerk APPROV D@S,.TO,CONTENTS: APPROVED AS TO FORM: De pa tie 0 f W06-ging City Attorhey .nd C. n',ty Developme"t APPR STUND AVAIIA IIITY: APPENDIX A SLIDING SCALE No. of Children in household Household Income I 0 - $13,150 2 0 - $15,050 3 0 - $16,900 4 o - $18,8oo 5 0 - $19,950 6 0 - $21,150 7 0 - $22,300 8or more 0 - $23,500 RATES I child $37 per week 2 or more children $30 per week per child APPENDIX B BUDGET July, 1984 through December, 1984 Wages $18,686-76 Social Security 1,252.02 Advertisements goo.oo Food 2,300-00 Utilities 1,545-00 Insurance 950-00 Rent 6,000.00 Miscellaneous 850-00 Telephone i8o.oo Equipment 24,ooo.00 Subsidy 20,336.22 Total Amount $77,000-00 APPENDIX C 24 MONTH PLAN PROJECTED EXPENSES FOR POST CONTRACT SERVICES - YEAR ONE PER MONTH Wages SI.S. Adv. Food Utilities Ins. Rent Misc. Tel. $6047.49 405.i8 50- 500- 350- 100 1400 110- 51-00 175 650 450 350 TOTAL FOR FIRST YEAR: WAGES $72,569.88 S.S. 4,862.16 ADVERTISING 1,245-00 FOOD 6,570-00 UTILITIES 4,800.00 INSURANCE 1,075-00 RENT 16,8oo.oo MISC. 3,060.00 TELEPHONE 612.00 TOTAL $111,594.o4 PROJECTED EXPENSES FOR POST CONTRACT SERVICES YEAR TWO PER MONTH @es 5. S. Adv. Food Utilities Ins. Rent Misc. Tel. $6,228.91 417.34 100- 595- 350- 100 1500 75- 55-00 125 800 465 1000 TOTAL FOR SECOND YEAR: WAGES $74,746.92 SOCIAL SEC. 417-34 ADVERTISING 725-00 FOOD 8,255-00 UTILITIES 4,970-00 INSURANCE 1,205-00 RENT 18,000.00 MISC. 2,89o.oo TELEPHONE 66o.oo TOTAL $116.460.00 - 33 - Item II-E.15 CONSENT AGENDA ITEM # 22187 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance approving a PROPERTY EXCHANGE between ROBERT B. GILES AND ROSEMARY GILES, husband and wife, and the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 33a - ORDINANCE APPROVING A PROPERTY EXCHANGE BETWEEN ROBERT B. GITES AND ROSEMARY GILES, HUSBAND AND WIFE, AND THE CITY OF VIRGINIA BEACH WHEREAS, on August 2, 1961, Robert B. Giles and Doris J. Giles (Giles), purchased Lot 49, Block G, Carolanne Farms, Section 2, as shown on the plat located in Map Book 49, at Page 51, which Plat is made a part hereof and incorporated herein by reference, which Deed is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Deed Book 690, at Page 196, and is attached hereto and made a part hereof and incorporated herein by reference; and WHEREAS, Carolanne Farms subsequently conveyed a second Parcel of land to Giles via a quitclaim deed, which parcel is shown as Parcel A on the above-mentioned Plat, and which parcel was conveyed by a Deed of Purchase that is recorded in the above Clerk's Office in Deed Book 763, at Page 406, which is attached hereto and made a part hereof and which is incorporated herein by reference; and WHEREAS, Carolanne Farms in the Deed for Parcel A retained a reversionary interest in said parcel; and WHEREAS, Carolanne Farms conveyed its reversionary interest in Parcel A to Kempsville Utilities by deed that is recorded in the above Clerk's Office in Deed Book 778, at Page 644, which is attached hereto and made a part hereof and which is incorporated herein by reference; and WHEREAS, the City of Virginia Beach as successor in interest to Kempsville Utilities now holds the reversionary interest in Parcel A; and WHEREAS, Giles has offered tO convey to the City a permanent easement on the western 13-50 feet of Parcel A to the City of Virginia Beach if the City will convey its reversionary interest in the eastern 20.66 feet of Parcel A to Giles as is shown on the Plat that is attached hereto and made a part hereof and incorporated herein by reference; and WHEREAS, the City desires that this exchange of property be accomplished; Jul - 33b - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council authorizes the City Manager to execute a deed conveying all of its reversionary interest in the parcel shown and described on the above-referenced Plat in exchange for Giles executing a deed granting the City an easement which is also shown on the above-referenced plat. Adopted this 2 day of JulY 1984, by the Council of the City of Virginia Beach, Virginia. KJC/da (4) 6/4/84 6/6/84 APP'?.OVED All I 0 C04TE@,'T D@PART.ME'4T AP CITY ATTORNEY -2- July 2, 1984 33c THIS DEED, made this 12th day of March, 1984, by and between ROBERT B. GILES and ROSEMARY GILES, his wife, parties of the first part, and the CITY OF VIRGINIA BEACH, a Municipal Corporation, organized under the laws of the State of Virginia, party of the second part. W I T N E S S E T H That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, bargain. sell, assign and convey with SPECIAL WARRANTY unto the party of the second part a perpetual easement of ingress and egress over the following described parcel of real property located in the City of Virginia Beach, Virginia, to-wit: z THAT CERTAIN parcel of land designated "13.50' PERPETUAL EASEMENT FOR INGRESS AND EGRESS (To Be Conveyed to the City of Virginia u Beach)", on a certain plat of survey entitled "Plat Showing Portion of Parcel A, Block G, Carolanne Farm - Section Two To Be Conveyed to Robert B. Giles, Kempsville Borough - Virginia Beach, Virginia, w Scale 1" = 25"', dated February 7, 1984, made by Rouse-Sirine u IX w Associates, Ltd., Land Surveyor, Virginia Beach, Virginia, which I ;i said plat os survey is intended to be recorded herewith, reference 0 to which is hereby made for a more particular description. 0 IT BEING the same property conveyed to Robert B. Giles and Doris J. Giles, husband and wife, by deed dated November 1, 1962, from Carolanne Homes, Inc., a Virginia corporation, which deed is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 763 at page 406, and by deed from Doris J. Giles, divorced and unremarried, to Robert B. Giles, dated November 18, 1983, which deed is duly recorded in the Clerk's Office aforesaid in Deed Book 2317 at page 960. July 2, 1984 AF 19153. ql. THIS PLAT IS NOT INTENDED TO SHOW ROMWODNY, PHYSICAL IMPROVEHIENTS OR ALL EASEMENTS AFFECTING PARCEL A. Now or Formtiy CAROLANNE MoAfas 114C. s 740 as' Re, I CAm@EL A C4 LU 49 48 RODERr D. SILES (D& #007, pig 30) LL. W w .it 2 STORY BRICK 4 FRAAIE DWELLINS 5509 w at 'in !n s 760 es,so,, E WHIRLAWAY (so'Rlw) ROA cc SUSQUENANNA DRIVE PLAT SHOWING PORTION OF MMEL A* BLOCK G, CAROLANNE FARM - sicr#ON TWO (M.$ 49, otal) rO BE CONVEYED TOROBERTM.GILES KEUPSVILLE BOROUS#L VIOMANA OUC#T,VIRNAOA SCALE: I " - 2 O' FINNUARY 71, 1084 ROU@ - SIF:WNE ASSOCIA-RES, LTD. LAND SURVEYORS ViRSilWA SCAO#4. V@IA navitED WAY 4. 1984 33d WITNESS the following s t B. Gi-les Rosemary Giles JURISDICTION: Montserrat, West Indies The foregoing instrument was acknowledged befor his day of March, 1984, by Robert B. Giles and Rosemary Giles. z My commission ewpi -@g: indefinite z u w 0 0 A - SIGNATUP.E DEPARTMENT AP@OVID TO FORAM /SIGNATUW iTY ATT(*(NEY July 2, 1984 - 34 - Item II-E.16 CONSENT AGENDA ITEM # 22188 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance appointing viewers in the petition of RUNNINGTON HOLDING CORPORATION for the closure of a portion of Holly Avenue (now known as Cape Henry Drive) (Lynnhaven Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager C. Oral Lambert, Jr. Director of Public Works Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 34a - ORDINANCE APPOINTING VIEWERS WHEREAS, RUNNINGTON HOLDING CORPORATION, a Virginia Corporation, has given du6 and proper notice, in accordance with the statutes for such cas6s made and provided that they will on July 2, 1984, apply to the City of Virginia Beach, Virginia, for the Appointment of Viewers to view the e below-described property and report in writing to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the discontinuance of the here- inafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David M. Grochmal and C.- 0,,1 T.,,h,,t, T, are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of that portion of that cer- tain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16 in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at page 167 and being more particularly bounded and described as follows: Beginning at the ZIS D. KALEZIS southeast corner of the said Lot 16 in Block RNEY AT LAW 7 as shown on the aforesaid Plat of Lynnhaven @i. Ik.h. Vi,@i.i. 2.A55 Shores and from said point of beginning thence running South 10019' 001, East for a distance of 25.00 feet to a point located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running South 79' 411 00" West, along the above described north July 2, 1984 34b - right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 10* 191 001, West for a distance of 25.00 feet to a point which is the southwest corner of said Lot 16 Block 7 as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 79* 41' 001, East, along the south boundary line of said Lot 16 in Block 7 as shown on the aforesaid Plat of Lynnhaven Shores, a distance of 165.57 feet to a point, the point of beginning. All that above is shown upon that certain plat entitled "Street Closure Plat Showing 25' Strip Adjacent to and South of Lot 16, Block 7 and Being Shown as Holly Avenue on the Plat of Lynnhaven Shores M.B. 7, P. 167, Lynnhaven Borough, Virginia Beach, Virginia, Scale 11, = 20' , 22 May, 1984, Gallup Surveyors & Engineers, Ltd.11 which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the afore-described street. EZIS D. KALEZIS RNEY AT IAW i.i. B..@h. Vi,@i.i. 2.'145. July 2, 1984 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET SHOWN AS HOLLY AVENUE (NOW KNOWN AS CAPE HENRY DRIVE), AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT SHOWING 25 STRIP ADJACENT TO AND SOUTH OF LOT 16 BLOCK 7 AND BEING SHOWN AS HOLLY AVENUE ON THE PLAT OF LYNNHAVEN SHORES M.B. 7, P. 167, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 20 , 22 MAY, 1984, GALLUP SURVEYORS & ENGINEERS, LTD.-@, WHICH'IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Runnington Holding Corporation, a Virginia Corporation, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that street, which is more specifically described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16 in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Pl-at is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of beginning thence running South 10 19 0011 East for a distance of 25.00 feet to a point located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running South 79 41 0011 West, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- D. KALEZIS ning North 10 19 001, West for a distance of NEYATLAW 25.00 feet to a point which is the southwest i. lk.h. Vi,i@i. 2@3455 corner of the said Lot 16, Block 7, as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 79 41 0011 East, along the south boundary line of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores, for a distance of 165.57 feet to a point, the point of beginning. Said parcel of land being a portion of Holly Avenue (now known as Cape Henry Drive) on that certain plat entitled, "Street Closure Plat Showing 251 Strip Adjacent to and South of Lot 16, Block 7 and Being Shown as Holly Avenue on the Plat of Lynnhaven Shores M.B. 7, P. 167, Lynnhaven Borough, Virginia Beach, Va., Scale 11, = 201, 22 May, 1984, Gallup Surveyors & Engineers, Ltd.11, which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforesaid street. 2. That no inconvenience will result to any persons by rea- son of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of 1 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of the portion of said street, as herein reported and described. 3. That on June@5, 1984, and on June 12, 1984 notice of the presenting of this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. That the fee simple owner or contract owner of all land along and adjacent to and affected by said portion of the platted street is your Petitioner herein, Runnington Holding Corporation, a Virginia Corporation, 1072 Laskin Road, Virginia Beach, Virginia. ZIS D. KALEZIS RNEY AT LAW Respectfully submitted, Ci@l i. i 55 RUNNINGTON HOLDING CORPO ION, a Virginia Corporation BY: President @L@S D. KALEZIS A-rTORNICY AT LAW NOIQTH GRZAT NICCK ROAC) VIRGINIA MICACH. 'ARCBINIA @l (804) 401-5470 May 25, 1984 The Honorable City Couiicil City of Virginia Beach Municipal Center Virginia Beach, VirginLa 23456 CEIITIFICATE OF TITLE Dear Members of City Council: I, Kalezis D. Kalezis, attorney for Runninqton liolding Corporation, a Virginia Corporation, do hereby certify that: 1. I am an attor:iey at law and represent Runnington Holding Corporation, a Virginia Corporation. 2. Title to the property described below is vested of record in Windsor Inves'@ors, Ltd. If the Property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then Windsor Investors, l,td., the hoilder oE tlio underlying fee in said property, will hold same free and clear of the public right of way over said property. The said property referred to herein is hereby described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16 in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Plall is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of beginning thence running South 10' 19' 001, East for a distance of 25.00 feet to a point located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running South 79* 41' 001, West, along the above described north right of way lino of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 101 19, 0011 West for a distance of 25.00 feet to a point which is the southwest corner of the said Lot 16, Block 7, as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 791 411 0011 East, along the south boundary line of said [,ot 16, in Block 7, as shown on the aforesaid-Plat of Lynnhaven Shores, for a distance of 165.57 feet to a point, the point of beginning. Very truly yours, Kale is D. KDK:mdJ - 35 - Ite. II-E.17 CONSENT AGENDA ITEM # 22189 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED an application for a Certificate of Public Convenience and Necessity for the operation of one for-hire vehicle in the matter of the application of LITTLETON C. HUDGINS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent-. None July 2, 1984 - 36 - Item II-E.18 CONSENT AGENDA ITEM # 22190 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,593.54 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 10. @ A - 36a - . 6/21/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNOS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Olluwlng applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tlon No. Paid omas W & Agnes S Walsh 84 RE(-1/2) 89658-7 11/22/83 96.00 hn W & Kim T Burton 83 pp 189044-7 3/7/84 118.09 ine Leasing Corp 84 pp 86140-8 6/5/84 316.50 Total 530.59 jUN 1984 This ordinance shall be effective from date of adoption. The gbove abatement(s) totaling 30.59 were approved by the Council of the City of Virginia Beach on the @ -day of -@l,,--1484 urer Approved as to Aorm: Ruth Hodges Smith City Clerk Ity Attor July 2, 1984 36b AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followlng applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D :te Penalty Int. Total Year of Tax Number tion No. P ld ickolas A McCully 84 pp 100786-6 5/30/84 93.78 oman C & Lillian G Edge 84 pp 45359-0 5/29/84 48.00 avid Shackleford 83 pp 127737-0 6/5/83 120.09 nnle L Hightshoe 83 pp 171908-0 11/18/83 i2l.68 incent L & Jennie Schuman 83 pp 182284-1 1/10/84 91.72 hester Strait 83 pp 184132-1 12/5/83 109.26 hearson American Express Mort 84 RE(1/2) 68215-7 11/22/83 456.51 ames B Lebo N/A Pkng 77259 5/24/84 10.00 dney J Renee N/A Pkng 90342 12/15/83 12.00 Total 1,062.95 Jt.@N @n I 9 \A( This ordinance shall be effective from date of adoption. The above abatement(s) totaling 62 - 5-- were approved by the Council of the Clty of Virginia Beach on the@-day of 1984 Approved as to fIgfm: Ruth Hodges Smith City Clerk mson, City Attorney July 2, 1984 - 37 - Item II-F.l. PLANNING ITEM # 22191 Attorney Grover Wright represented the applicant Robert Swartzentruber was in attendance but did not speak Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ELVA BEILER for a Con- ditional Use Permit per the following: ORDINANCE UPON APPLICATION OF ELVA BEILER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (COUNTER TOPS) R0784645 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Elva Beiler for a Conditional Use Permit for a home occupation (counter tops) on certain property located on the north side of Salem Road beginning at a point 150 feet more or less east of Highland Drive, running a dis- tance of 2650 feet more or less along the eastern property line, running a distance of 1000 feet more or less along the northern property line, running a distnce of 2120 feet along the western property line, running a distance of 1140 feet more or less along the north side of Salem Road, running a distance of 220 feet in a northerly direction, running a distance of 150 feet in an easterly direction, running a dis- tance of 220 feet in a southerly direction and running a distance of 750 feet more or less along the north side of Salem Road. Said parcel contains 84.2 acres. KEMPSVILLE BOROUGH. The following condition shall be required: Approval is for a period of three (3) years (AMENDED from five years) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of July, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None July 2, 1984 Council Members Absent: None - 38 - Item II-F.2 PLANNING ITEM # 22192 John Waller represented the Applicant Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of JOHN WALLER for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF JOHN WALLER FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R0784646 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordiance upon application of John Waller for a Conditional Use Permit for a duplex on certain property located 115 feet north of 15th Street, 200 feet west of Parks Avenue on Lot F, Block 114, Lakewood, Said parcel is located at 809 15th Street and contains 4,595 square feet. VIRGINIA BEACH BOROUGH The following condition shall be required: 1. A 10-foot dedication along the frontage on 15th Street, 25 feet from the centerline of the existing 30-foot right-of-way to provide for an ultimate 50-foot standard rigbt-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 Second day of Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 39 - Item II-F.3 PLANNING ITEM # 22193 Attorney Glenn Croshaw represented the applicant and requested DEFERRAL Upon motion of Councilman McCoy, seconded by Councilwman Oberndorf, City COUNCIL DEFERRED for sixty (60) days until the City Council Meeting of September 10, 1984, an Ordinance upon application of TANK LINES, INC. for a Conditional Use Permit per the following: ORDINANCE IJPON APPLICATION OF TANK LINES, INC. FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION Ordinance upon application of Tank Lines, Inc. for a Con- ditional Use Permit for a gasoline station on certain prop- etty located at the southwest corner of Princess Anne Road, and Tiffany Lane, running a distance of 180 feet along the south side of Princess Anne Road, running around a curve a distance of 31.42 feet, running a distance of 198.23 feet along the west side of Tiffany Lane, running a distance of 200 feet in a northwesterly direction and running a dis- tance of 218.23 feet in a northeasterly direction. Said parcel contains 1 acre. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 40 - Item II-F.4 PLANNING ITEM # 22194 Donna R. Goodson represented the applicant Letter from Gene Snow, applicant, was hereby made a part of the record. Opposition: Deane Williams represented Baylake Pines Civic Leauge Horace R. Lewis resident of 4333 Blackbeard Road Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of DONNA R. GOODSON for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF DONNA R. GOODSON FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE (PONY RIDES) AND FOR OUTSIDE STORAGE (SELLING FIRE WOOD) R0784647 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: ordinance upon Application of Donna R. Goodson for a Conditional Use Permit for recreational facilities of an outdoor nature (pony rides) and for outside storage (selling fire wood) on certain property located on the north side of Shore Drive beginning at a point 1000 feet more or less east of Greenwell Road, running a distance of 153.20 feet along the north side of Shore Drive, running a distance of 94.89 feet in a north- easterly direction, running a distance of 120.28 feet in a northwesterly direction, running a distance of 58.67 feet in a southwesterly direction, running a distance of 280.26 feet in a northwesterly direction, running a distance of 108.53 feet along tbe northern property line and running a distance of 530 feet along the western property line. Said parcel contains 1.6 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Approval is for a period of one (1) year. 2. A maximum of 5 horses with no housing on the property. 3. Sale and storage only of firewood. No cutting of firewood will be permitted on the premises. 4. All activities shall be contained within the property zoned cormnercial. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of July, Nineteen Hundred and Eighty-four. July 2, 1984 - 41 - Item II-F.4 PLANNING ITEM # 22194 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 42 - Item II-F.5 PLANNING ITEM # 22195 Tuck Bowie of Talbot and Associates represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of CHRISTOPHER DEVELOPMENT COITANY for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF CHRISTOPHER DEVELOPMENT COIAPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Ordinance upon application of Christopher Development Company for a Change of Zbning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the east side of Lake James Drive beginning at a point 340 feet more or less south of Indian River Road, running a distance of 95.71 feet along the east side of Lake James Drive, running a distance of 155.71 feet along the southern property line, running a distance of 100.49 feet along the eastern property line and running a distance of 166.20 feet along the northern property line. Said parcel contains 16,030 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 43 - Item II-F.6 PIANNING ITEM # 22196 Lance Goldner represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of MARTIN GOLDNER for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF MARTIN GOLDNER FOR A CHANGE OF ZONING FROM R-6 TO A-1 Z0784867 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Martin Goldner for a Change of Zoning District Classification from R-6 Residential District to A-1 Apartment District on the south side of 23rd Street, 125 feet west of Barberton Drive on Lots 10, 11, 12 and 13, Block 3, Woodland. Said par- cel contains 18,453 square feet. LYNNHAVEN BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: Resubdivision of the property and vacation of internal lot lines to avoid the creation of nonconforming lots. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of July, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None July 2, 1984 - 44 - Item II-F.7 PLANNING ITEM # 22197 Robert C. Pyatt represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances upon application of ROBERT C. PYATT for a Change of Zoning and Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF ROBERT C. PYATT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 to AG-2 Z0784868 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert C. Pyatt for a Change of Zoning District Classification from R-4 Residential District to AG-2 Agricultural District on certain property located on the north side of Indian River road beginning at a point 1000 feet west of the North Landing River Bridge, running a distance of 672.33 feet along the north side of Indian River Road, running a distance of 1372.04 feet along the western property line, running a distance of 650 feet more or less along the northern property line and running a distance of 1283 feet along the eastern property line. Said par- cel is located at 3756 Indian River Road and contains 21.33 acres. KEMPSVILLE BOROUGH AND, ORDINANCE UPON APPLICATION OF ROBERT C. PYATT FOR A CONDITIONAL USE PERMIT FOR A STABLE FOR BOARDING HORSES R0784648 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert C. Pyatt for a Conditional Use Permit for boarding horses on certain property located on the north side of Indian River Road beginning at a point 1000 feet west of the North Landing River Bridge, running a distance of 672.33 feet along the north side of Indian River Road, running a distance of 1372.04 feet along the western property line, running a distance of 650 feet more or less along the northern property line and running a distance of 1283 feet along the eastern property line. Said parcel is located at 3756 Indian River Road and contains 21.33 acres. KENPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of July, Nineteen Hundred and Eighty-four. July 2, 1984 - 45 - Item 11-F.7 PLANNING ITEM # 22197 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 G. Jones July 2, 1984 - 46 - Item II-F.8 PLANNING ITEM # 22198 Attorney Grover Wright represented the applicant opposition: Sheridan Barber represented the Red Mill Civic League, was in attendance but did not speak Georgette Constant-Davis represented herself Robert Engesser represented himself Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application R. C. MOORE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM AG-2 TO R-5 (AMENDED FROM B-2) Z0784869 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACE, VIRGINIA: Ordinance upon application of R. G. Moore Building Corp., for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District (Amended from B-2 Community-Business District) on certain property located on the east side of Oceana Boulevard beginning at a point 900 feet more or less south of Culver Lane, running a distance of 438.02 feet along the east side of Oceana Boulevard, running a distance of 991 feet along the southern property line, running a distance of 490.91 feet along the eastern property line and running a distance of 926.25 feet along the northern property line. Said parcel contains 10.100 acres. PRTNCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of July, Nineteen Hundred and Eighty-four. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R.Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Meyera E. Oberndorf Council Members Absent: None July 2, 1984 - 47 - Item II-F.9 PLANNING ITEM # 22199 Patrick Garcy, Project Co-ordinator for Kinder Kare Learning Centers, represented the applicant Upon motion by Counci-l-man Jennings, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of KINDER KARE LEARING CENTER for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF KINDER KARE L@ING CENTER FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER R0784649 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Kinder Kare Learning Centers for a Conditional Use Permit for a day care center on certain property located at the northeast corner of Lampl Avenue and Catalina Avenue, running a distance of 487.66 feet along the north side of Lampl Avenue, running a distance of 378.34 feet along the eastern property line, running a distance of 338.30 feet along the northern property line and running a dis- tance of 39.83 feet along the east side of Catalina Ave- nue. Said parcel contains 1.179 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second day of Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 - 48 - Item II-F.10 PLANNING ITEM # 22200 Betty Michaelson, Associate with Rhodes and Watson, requested DEFERRAL of the Application due to illness of Attorney Donald Rhodes Upon motion by Councilman Jennings, seconded by Councilman Jones, City Council DEFERRED for sixty days until the City Council Meeting of September 10, 1984, an Ordinance upon application of JOHN A BROWN for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF JOHN A BROWN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to A-2 Ordinance upon application of John A. Brown for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on certain property located at the northwest intersection of Reagan Avenue and Old Great Neck Road, running a distance of 290.4 feet along the north side of Reagan Avenue, running a distance of 122.1 feet along the western property line, running a distance of 290.4 feet along the northern property line and running a distance of 122.1 feet along the west side of Old Great Neck Road. Said parcel is located at 405 Old Great Neck Road and contains 35,458 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech* Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye July 2, 1984 - 49 - Item 11-F.11 PLANNING ITEM # 22201 Attorney Harry R. Purkey, Jr., represented the applicant and requested DEFERRAL, as appraisal of the propety is not ready (Letter from Harry R. Purkey, Jr., also requesting DEFERRAL is hereby made a part of the record.) Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for thirty (30) days until the City Council Meeting of August 6, 1984, an Ordinance closing, vacating and discontinuing a portion of Trotter Drive in the petition of ROBERT H. AND MAMIE P. RAYMOND AND ELVIN F. AND GERALDINE W. LILLEY. Application of Robert H. and Mamie P. Raymond and Elvin F. and Geraldine W. Lilley for the discontinuance, closure and abandonment of a portion of Trotter Drive beginning at the western boundary of Reon Drive and running in a westerly direction a distance of 153 feet. Said parcel is 50 feet in width and contains 7,650 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jonest Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye July 2, 1984 - 50 - Item 11-F.12 PLANNING ITEM # 22202 Attorney Glenn Croshaw represented the applicant (Distributed a copy of Deed No. 24564 BK2336PG1650 dated April 28, 1984 representing Lots 13 and Lots 14 between WINDSOR TNVESTORS, LTD. and DORIS N. ABSALOM.) Attorney William Wahab represented the Lynnhaven Colony Civic League and presented City Council with a petition containing 201 signatures in opposition (Copy of said petition is hereby made a part of the record) Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, subject to Final Approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of a portion of Cape Henry Drive in the petition of EDWIN B. LINDSLEY, JR., Application of Edwin B. Lindsley, Jr., for the dis- continuance, closure and abandonment of a portion of Cape Henry Drive beginning at the eastern boundary of Urchin Road and running in an easterly direction a distance of 300.94 feet. Said parcel is 25.08 feet in width and contains 7,548 square feet. LYNNHAVEN BOROUGH. Approval was subject to the following: 1. Provision of a ten-foot drainage easement along the southermost portion of the proposed street closure. 2. Resubdivision of the property to incorporate the closed area into adjoining parcels to avoid the creation of a nonconforming lot. 3. Applicant agrees to posting of "NO PARKING SIGNS - EMPLOYEE PARKING ONLY; NO PARKING AFTER 10:00 P.M., TOWING ENFORCED". 4. Previously agreed to Green Buffer be reaffirmed and expanded to provide maximum density to protect resi- dences in the area. 5. No dumpsters shall be allowed in the Closure Area. 6. Closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. July 2, 1984 - 51 - Item II-F.12 PL,LNNING ITEM # 22202 (Continued) Voting: 7-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Robert C. Jones, and Vice Mayor Reba S. McClanan. Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. July 2, 1984 - 51a - PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW ATTORNEYS AT LAW ..E. S.@lC@ETT 101 NORTH LYNNH"EN ROAO MAIL TO: IO.EP. L. LYLE, JR. IAWRENCE R. I&.@L WRGINIA BEACH,VIRGINIA 23452 POST OFFICE BOX 2127 IO.. W.....C.E. VIRGINIA BEAch,VA. 23453-2127 GLE.N RANOALL CROS.AW RICHARD C. BEALE TELEPHONE: ..WAR. ..GARCIA,JR. 1004) 340 - 0011 .AR@ S. SMITH @O.ATHAN L.HAU5CR .-I . .. REDA 0-1. A. MILLER, IR, W@Y@E .. .0.@A @A.E. @.LLWI. CER'FIFICA'FE OF VESTING OF TITFE .COTT ...ILLIA@. 1, Owen B. Pickett, attorney for Edwin B. Lindaley, Jr., do hereby certify t)lat: 1. I am an attorney at law and repree;ent Edwin B. Lindsley, Jr., the Petitioner. 2. If the property descpibed below Is discontinuted, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Edwin B. Lindeley, Jr., the holder of the underlying fee in said property. ,i. rht, @ said pi-oi)ct-ty i-eforred to heroin is hereby described as follows: ALL that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that certain undeve- loped street known as "Cape lienry Drive", being more particularly bounded and described as follows-. com- mencing at the point of the intersoction of the soutlieast corner of Lot 13, and the southwest corner of Lot 14 as shown on that plat of Lynnhaven Beach, Block L (Map Book 5, Page 71), thence turning and running north 80081 east 150.94 feet to a point, thence turning and running south 5@211 east 25.08 feet to a point, thence turning and running south 80081 west 300.94 feet to a point, thence running north 5*211 west 25.08 feet to a point, thenae turning and runiiing north 840391 east 150 feet to the point of beginning. Said parcel contains 7,523.50 square feet and is more fully described by reference to that plat entitled "Plat Showing Portion of Cape fienry Drive to be closed, Lynnhaven Beach, Virginia Beach, Virginia, Scale: 111 = 201, January 30, 1984, Gallop Surveyors & Engineeri3, Ltd., Virginia Bea Virginia". OWn B. Piokett 3.13.28.C July 2, 1984 - 51b ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET 25 FEET WIDE KNOWN AS CAPE HENRY DRIVE LOCATED IN LYNNHAVEN BEACH IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Edwin B. Lindsley, Jr. would make application to the City Council of the City of'Virginia Beach, Virginia, to have the hereinafter described portion of that certain undeveloped street, 25 feet wide, known as Cape Henry Drive closed, vacated and discontinued was duly advertised; and WHEREAS, the Petitioner as owning the contiguous parcels to said street, which is effected by its closure, has requested that said street be closed; and WHEREAS, Application was made to the City Planning Commission and to the City Council, and, pursuant to the statutes in such cases made and provided, the Council appointed viewers who have reported to the Council that no inconvenience to the public or to the private indi- viduals would result from such closings, vacating and discontinance; and WHEREAS, it is the judgment of the Council that the said streets should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said undeveloped street 25 feet wide known as Cape Henry Drlve described below, located in Lynnhaven Beach in the City of Virginia Beach, Virginia, is hereby closed, vacated and discon- tinued, said street not being needed for public use: July 2, 1984 -51c - ALL that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that certain undeve- loped street known as "Cape Henry Drive", being more particularly bounded and described as follows: com- mencing at the point of the intersection of the southeast corner of Lot 13, and the southwest corner of Lot 14 as shown on that plat of Lynnhaven Beach, Block L (Map Book 5. Page 71), thence turning and running north 80081 east 150.94 feet to a point, thence turning and running south 50211 east 25.08 feet to a point, thence turning and running south 80*81 west 300.94 feet to a point, thence runnlng north 50211 west 25.08 feet to a point, thence turning and running north 80@08'east 150 feet to the polnt of beginning. Said parcel contains 7,523.50 square feet and is more fully described by reference to that plat entitled "Plat Showing Portlon of Cape Henry Drive to be closed, Lynnhaven Beach, Virginia Beach, Virginia. Scale: 1" = 201, January 30, 1984, Gallop Surveyors & Engineers, Ltd., Virginia Beach, Virginia". Section 2: A copy of this Ordinance, certified by the Clerk, -be spread upon the public.records in the Clerk's Office in the Circuit Court in the City of Virginia Beach, -Virginia and indexed in the name of the City of Virginia Beach as Grantor. Section 3: This Ordinance shall be effective thirty (30) days from aate of its adoption. 3.13.29.C -2- July 2, 1984 - 52 - Item II-F.13 PLANNING ITEM # 22203 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to AMEND the MASTER STREET AND HIGH WAY PLAN dated December 16, 1974, by widening Holland Road to a 90-foot right-of-way from N. Landstown Road to Princess Anne Road. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 -52a - AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby amended as follows: Increase Holland Road to a 90-foot right-of-way from North Landstown Road to Princess Anne Road. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of July 1984. APPROV-ED AS TO CONTEW SIGNhFIJRE DEPAUMEtl APP FORM IGNATURE 6WTY, ATTORNEY July 2, 1984 53 - Item II-F.14 PLANNING ITEM 22204 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Article 7, Section 713 (c) of the Comprehensive Zoning Ordinance pertaining to maximum density ratings in the H-2 RESORT HOTEL DISTRICT. This amendment removed the lot coverage requirements in the H-2 Resort- Hotel District. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Jr., Louis R. Jones! Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None *Verbal Aye July 2, 1984 - 53a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 7, SECTION 713(c) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO MAXIMUM DENSITY RATINGS IN THE H-2 RESORT HOTEL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 7, Section 713, Maximum density ratings, of the C.Z.O. be amended and reordained in part as follows: 713. Maximum density ratings (c) Let-eeyepage-fep-a4l-wses-and-struetures-ska4l-Ret the-gress-leasa6le-flear-area-49-above-twenty-f4ve @2S@-feet-*n-ketght-aRd-mat-Fnere-thaR-twenty-f4ye k2g@-pereeRt-ef-the-area-ef-the-let-*s-eeeup*ed-by pert*eRs-ef-the-struature-above-twenty-f*ve-@264 feet-*m-hetghty-lowep-pept*ensv-*meluo*Rg-park4mg struetures,-may-esewpy-all-of-the-bw*4dable-aFea-ef tke-let, Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of i.ly 1984. APPROVID AS To 00 9. @ SIGNAfTJRE - ,-/s .,ex DEP@A FORM SIGNATURE ITY ATTORNEY July 2, 1984 - 54 - Item II-F.15 PLANNING ITEM # 22205 Upon motion by Councilwoman Henley, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Article 2, Section 206 of the Comprehensive Zoning Ordinance pertaining to requirements for UTILITY FACILITIES, subject to the staff adding wording to reflect the enforcement. This amendment will add unmanned utility facilities of less than 400 square feet of building area to the section which establishes special lot area, lot width, and setback requirements for public and private pump stations and water tanks. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None July 2, 1984 INTER-OFFICE CORRESPONDENCE DATE: July 6, 1984 TO:Mr. Robert J. Scott, Director DEPARTMENT: Planning FROM: T. H. Muehlenbeck, City Manage ENT: Executive SUBJECT: Amendment to Section 206 @f the CZO Reference is made to your memo of July 3, 1984, regarding an amendment to Section 206 of the CZO. I concur with your recommendations. THM:eh CC: Mr. A. V. Watts, Jr. Mr. J. Dale Bimson 7 /3/84 Thomas H. Muehlenbeck Executive Robert J. SCott Planning Section 206 of the C.Z.O., Suuested Addition In connection with yesterday's City Council meating in which the Council approved an amendment to the C.Z.O. concerning Article 2, Section 206 (regar- ding pump stations, water tanks, and other urnanned utility facilities), I recall that Council requested an addition to the ordinance to clarify a particular point. I am enclosing for your consideration the following suggested addition to Section 206 of the C.Z.O.: "(d) Each lot for which these reduced requirements apply shall be restric- ted to the uses described In this section, and this restriction shall be noted on any plat or other document describing such lot." RJS/vz cc: Aubrey V. Watts, Jr. J. Dale Bimson AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 206 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REQUIREMENTS FOR UTILITY FACILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 206, Public and private pump stations and water tanks, of the C.Z.O. be amended and reordained in part as follows: 206. Public and private pump stations, aRd water tanks and other unmanned utility facilities less than 400 tquare feet in building area Individual district requirements for minimum lot area, lot width and yard spacing requirements notwithstanding, the following requirements for public and private pump stations, aRd water tanks, and other Unmanned Utility facilities less th n " eet ih building area shall apply in all di:tr,@ctss'@uh:rree 'they are permitted: (a) Minimum lot area. The minimum lot area shall be one thousand six hundred (1,600) square feet. (b) Minimum lot width. The minimum lot width shall be forty (40) feet measured at the building location; provided, however that when a purAp-stat$GR-er-water tank-s*te facilit.y coverelilysthie f is not _ tr :t!e:tron -of-way located adjacent lo a pub ight or easement for ingress and egress of minimum width of fifteen (15) feet shall be provided. (c) Setbacks. The minimum front yard setback shall be ten (10) feet. The minimum side and rear yard set- back shall each be five (5) feet; provided, however, that in the case of a corner lot, the setback from all right-of-way lines shall be ten (10) feet. (d) Each lot for which these reduc re'u irzm nt: apply shall elb, n hls be restricted to the usei descr d i ection, and this restriction shall be noted on any plat or 6ther document-describing such lot. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of July -, 1984 (PARAGRAPH (d) WAS ADDED ADMINISTRATIVELY AS PER MEMORANDUM OF JULY 6, 1984 FROM ROBERT J. SCOTT, DIRECTOR OF PLANNING, TO THOMAS H. MUEHLENBECK, CITY MANAGER.) - 54a - AN ORDINANCE TO AV.END AND REORDAIN ARTICL@@ 2, SECTION 206 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REQUIREMENTS FOR UTILITY FACILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 206, Public and private pump stations and water tanks, of the C.Z.O. be amended and reordained in part as follows- 206. Public and private pump stations, aR4 water tanks and other unmanned utility facilities less than 400 square feet-in bui ding area Individual district requirements for minimum lot area, lot width and yard spacing requirements notwithstanding, the following requirements for public and private pump stations, aR4 water tanks, and other unmanned utill't facilities less aT app y 'n a than 400 square feet in building area sh districts where they are permitted: (a) Minimum lot area. The minimum lot area shall be one thousand six hundred (1,600) square feet. (b) Minimum lot width. The minimum lot width shall be forty (40) feet measured at the building location; provided, however that when a pwmp-stat*eR-ei--wate? tafik-s4te facili !z covered by this section is not Tic stre, located adjacent to a pub t, a right-of-way or easement for lngress and egress of minimum width of fifteen (15) feet shall be provided. (c) Setbacks. The minimum front yard'setback shall be ten (10) feet. The minimum side and rear yard set- back shall each be five (5) feet; provided, however, that in the case of a corner lot, the setback from all right-of-way lines shall be ten (10) feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. "PROVID AS TO CONTEW THIS ORDINANCE WAS AMENDED ADMINISTRATTVELY. -i@ APPri July 2, 1984 - 55 - Item II.H NEW BUSINESS ITEM # 22206 INTERIM FINANCIAL STATEMENT JULY 1, 1983 THROUGH May 31, 1984 The INTERIM FINANCIAL STATEMENT July 1, 1983 through May 31, 1984, was distributed to City Council. Assistant to the City Manager for Finance Giles Dodd was in attendance to respond to any questions concerning same. July 2, 1984 - 56 - Item II.I. ADJOURNMENT ITEM # 22207 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADJOURNED the meeting at 4:05 p.m. Be e@ly log Deputy City Clerk Rut] Mayor Harold Heisc ober City Clerk City of Virginia Beach Virginia /bh July 2, 1984