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APRIL 23, 1984 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. ]ONES, B.y@id@ B .... gh VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gh JOHN A. BAUM, B.,..Sb NANCY A. CREECH, Al L.,g. HAROLD IIEISCliOBER. At L.,g. H. JACK JENNINGS, JR., Ly..b.@,. B.@.gh ROBERT G. ]ONES, At L.,g@ W. Ii. KITCHIN. ill, Vigi.i. B ... b REBA S. M,CLANAN. P,i ... @@ A..@ B.,..gb 1. HENRY 61,COY, JR.. K@.p@@,11@ B.,..gb 212 CITY HALL BUILDING MEYERA E. 013ERNDORF, Al L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23416 RtITH HODGES SMITII, CMC, Cily Cl@,k (804) 427 -4 30 3 CITY COUNCIL AGENDA April 23, 1984 ITEM I. FORMAL SESSION: 2:00 p.m. A. INVOCATION Reverend Garland K. Hines, Sr- Virginia Beach Christian Center B. PLEDGE OF ALLEGIANCE TO TRE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. PUBLIC HEARING 1. Pursuant to Section 5 07 of the City Charter, the Operating Budget for the Fiscal Year July 1, 1984-June 30, 1985 as properly advertised. $335,806,678 E. RECESS FOR COUNCIL'S INFORMAL BUDGET WORKSHOP. ITEM II. INFORMAL SESSION: 5:30 p.m. A. CALL TO ORDER - 14ayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITE14S 1. Ocean Park Drainage Project Bids: Discussion. 2. Proposal to Remove Potter's Sand Fence: Discussion. 3. Amendment to City Code Regarding Tax on Cigarettes: Biscussion. 4. Capital Projects Status Report for Period Ending March 31, 1984. 5. Interim Financial Statements for July 1, 1983, through March 31, 1984. 6. Review of Consent Agenda. ITEM III- FO@ SESSION: 7:00 p.m. A. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of April 16, 1984. B. PROCLAMATION 1. Lav Day - May 1, 1984 C. PRESENTATIONS 1. John M. Connell - Housing Board of Appeals 2. Ladies Auxiliary to the Virginia Beach Borough Volunteer Fire Department D. PUBLIC HEARING 1. Community Development Block Grant Program - 10th Program Year E. ORDINANCE 1. Ordinance to apply for Community Development Block Grant Funds for the Tenth Program Year. F. 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 notion in the form listed. There vill 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 of Appreciation to John M. Connell. 2. Resolution of Appreciation to the Ladies Auxiliary to the Virginia Beach Borough Volunteer Fire Department. 3. Resolution authorizing the Virginia Beach School Board to exercise the prerogative of increasing the salary of the School Board chairman by the amount prescribed in the Code of Virginia effective July 1, 1984. 4. Resolution authorizing the enlargement, extension and reconstruction of the nonconforming use and structure located at 315 26th Street (property of W. H. Kitchin III). 5. Resolution authorizing the City Manager to execute a Cost Participation Agreement with Middle Plantation Development Company for construction of water facilities. 6. Resolution authorizing the City Manager to execute a Cost Participation Agreement with the developer of Christopher Center for sewer and water construction. 7. Ordinance to transfer funds of $26,080 from the General Fund Reserve for Contingencies for the purchase of data processing equipment. F. CONSENT AGENDA (Cont'd) 8. Ordinance, on SECOND READING, to appropriate funds of $435,600 for police and fire vehicles and reduce the 1984- 1985 Budget request for those vehicles by $453,000. 9. Ordinance, on FIRST READING, to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when personal property taxes not paid on time; AND, an Ordinance, on FIRST READING, to amend and reordain Section 35-37(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when installment not paid on time (taxes on real estate). (These Ordinances were deferred for one week on April 16, 1984.) 10. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Princess Anne Road and Tiffany Lane to Alliance Realth Services, its assigns and successors in title. 11. Ordinance to authorize a temporary encroachment into a portion of certain City owned property adjacent to Lake Joyce to James Borberg, his heirs, assigns and successors in title. 12. Proposal of W. F. Kagann Corporation for removal of Potter's Sand Device. 13. Financing proposal of Southern Mational Leasing Corporation for lease/purchase of a Microcomputer System for the Research Division totaling $31,321.00. 14. Low bid of Warbler Construction Company, Inc., in the amount of $651,842.40, for Contract 1; Low bid of Crowder Contracting Company, Inc., in the amount of $363,700.00, for Contract II, for the Ocean Park Drainage Project, Phase 1; AND, authorize the City Manager to enter into the necessary agreements for the implementation of these projects. (These bids were deferred for one week on April 16, 1984.) 15. Raffle Permits: Courthouse Recreation Association Temple Emanuel Men's Club 16. Request of the City Treasurer for tax refunds in the amount of $1,144.20. G. PLANNING 1. Application of Bayville Farms for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that lots created through subdivision have direct access to a public street. The applicant wishes to subdivide an 8.9-acre parcel (A-2) off of a larger 297-acre tract, located southeast of the intersection of First Court Road and Shore Drive (Rayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of Ann N. B. Parks for a variance to Section 4.4(d) of the Subdivision Ordinance. The applicant wishes to subdivide a 6.408-acre parcel, located 1,150-feet east of the terminus of Kings Way Drive, into three sites (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of First Church of Christ, Scientist, for a conditional use permit for a church on a 2.58-acre parcel Tocated at the southeast corner of Laskin and Bay Way Roads (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Bayside Repair Service, Inc. for a conditional use permit for small engine repairs on a 10,450-foot parcel located along the north side of Thoroughgood Road, west of Pleasure House Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of this application. 5. Application of Champion Sports Management, Inc. for a conditional use permit for construction of a gymnasium, two @oxing rings, a track and a twenty-room lodging building on a 21-acre parcel located on the north side of Indian River Road, east of West Neck Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of this application. 6. Application of Ruby C. Barco for a conditional use permit for two duplexes on a 17,424-square foot parcel located along the south side of 13th Street, west of Baltic Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. G. PLANNING (Cont'd) 7. Application of John G. and Mary Williams for a e of zoning from R-6 Residential District to A-1 Apartment Tistrict on a 25-acre parcel located southwest of the intersection of Holly Farms Drive and DeLaura Lane (Bayside Borough). (This change of zoning is presented in accordance with State Law; however, on April 9, 1984, City Council APPROVED the applicant's request for DEFERRMENT TO MAY 14, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. B. Application of Linwood A. and Connie C. Lowe for a change of zoning from A-1 Apartment District - to B-2 Community-Business District on a 23,100-square foot ;ite Tocated along the east side of Fountain Drive, north of Virginia Beach Boulevard (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. 9. Application of Campus East Associates, Inc. for a change of zoning from R-5 Residential District to B-2 Community- Tusiness District on a 2.484-acre parcel locat-d at the northeast corner of Baker Road and Wesleyan Drive (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of this application. 10. Application of the City of Virginia Beach for a change of zoning from R-4 Residential District to R-8 Residential District on a 10.3-acre site located north of Wishart Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of this application. 11. Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to athletic training camps; Ordinance to amend and reordain Article 2, Part C of the Comprehensive Zoning Ordinance pertaining to athletic training camps; AND, an Ordinance to amend and reordain Article 4, Section 401(c) of the Comprehensive Zoning Ordinance pertaining to athletic training camps in the AG-1 Agricultural District. a. Letter from the City Manager transmits the recommendations of the Planniag Commission to allow withdrawal of these Ordinances. H. APPOINTMENTS 1. Community Services Board I. UNFINISHED BUSINESS 1. Utility Service Exention Policy J. NEW BUSINESS 1. Request of National Child Care Center for removal of requirement placed on conditional use permit by approval of a conditional use permit on January 9, 1984 (Lynnhaven Borough). K. ADJOURNHENT 1. Motion to adjourn. 8 Item II-D.1 MINUTES ITEM 21821 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of April 23, 1984, with a correction as follows: Page 11 - ITEM # 21765 INFORMAL SESSION (CAPITAL PROJECTS STATUS REPORT Period Ending March 31, 1984) REPLACE the word "curbs" with the word "curves" in the following sentence: Vice Mayor Henley inquired about BEGGARS BRIDGE, and the eurbs curves on SANDBRIDGE ROAD. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Ba'rbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 7, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL April 23, 1984 2:00 p.m. The Regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor LouiS R. JOnes in the Council Chambers, City Hall Building, on Monday, April 23, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S.- INVOCATION: Reverend Garland K. Hines, Sr. Virginia Beach Christian Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Note: Councilman McCoy entered the Formal Session at 2:32 p.m. April 23, 1984 - 2 - Item I.C.1 ADD-ON ANNOUNCEMENT ITEM # 21752 Mayor Jones acknowledged the presence of thirty-five (35) Members of the HAMPTON ROADS STAFF COLLEGE. April 23, 1984 3 Item I.C.2 PRESENTATION ITFII 21753 Mayor Jones presented a RESOLUTION OF APPRECIATION to the following: LADIES AUXILIARY TO THE VIRGINIA BEACH BOROUGH VOLUNTEER FIRE DEPARTMENT This Resolution recognized the contributions made by the Ladies Auxi- liary to the Virginia Beach Borough Volunteer Fire Department and their yearly tribute to the five crewman who perished with the Norwegian-owned bark, DICTATOR. April 23, 1984 4 Item I-D. 1 PUBLIC HEARING ITEM 21754 Mayor Jones declared a Public Hearing on the followinq: THE OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 1964 - JUNE 30, 1985 AS PROPERLY ADVERTISED. $335,806,678 The following spoke concerning the Operating Budget: Robert Engesser, representing himself, spoke on a variety of topics emphasizing abolishment of the Utility Tax. Arthur Esenberq, President of the Virginia Beach Education Association, representing 2,300 Members of this Association, expressed gratitude on the recommendation that the School Board Budget be fully funded. Patrick A. Gough, representing Virginia Beach Patrolman's Benevolent Association, and a Member of the Virginia Beach Police Department, spoke concerning fair compensation of police officers. Sam Houston, Sr., representing Senior Citizens, spoke regarding the office of Housing and Community Development. Rae LeSesne, Treasurer - Council of Civic organizations, represented his interests as a tax payer, spoke concerning the City of Virginia Beach debt service. Paul Villandre, semi-retired concerned citizen, spoke against the School 6perations Budget, particularly 10% average increase for teachers. There being no further speakers, Mayor Jones closed the Public Hearing April 23, 1984 4 a PUBLIC NOTICE BUDGET HEARING CITY OF VIRGINIA BEACHIS PROPOSED OPERATING BUDGET FISCAL YEM JULY 1, 1984-JUNE 30, 1985 F-urwmt to Sedion 5.07 of " City Cha@, a Pubik Hearing will be hold by the City Council in City Council Chambers, on Monday, April 23, 19.84 at 2:00 pm MW 7:00 pm m the City M@'s proposed Opwoting Budget for the fikal yow July 1, 1984-Jum 30, 1985, as follows; OPERATINCP BUDCWET L@bit $1,131,521 Ec@ kiW@. $3,811,891 fi@ve 2.115,115 Gmfal Senices 10,35i,ill Law 1,124,357 S" ad @swo 2,511,115 Fam 6,351,314 MiwkprbmW 361,124 hfsmw 119,711 Fire 11,645,411 jlkw 1.126,761 DaU PrKouiq 3,916,142 klitk 1,405,663 hrwts ad kwbm 1,655,151 $"W @s 11530,121 mom kaltk 4,lli.444 PWN 22,211,155 hbk U"s 11,169,636 tdk WKb 26,315,259 @m 141.966.023 hrks mi haubm 1,428,013 DoM Sof*e 41,126,311 Likary 3,331.413 leservi IK @ImAs 1,011,545 1,122,115 TOTAL $335,866,611 Ag@o 413,612 REVENUES gMrJl PFWM ln$S $91,475,5!19 Qtkf LKal Taxes 64,214,730 Otho LKal Seerces (Fos, Wms, Sak of Pfoprtks, *.)55,402,226 frim tk Cmawab IU,232,201 irm tk rwaal cl@ 5,13i,324 Fim FoW Um 1,515,581 loya $335,106,611 NOTICE OF TAX INCRE"E The City of Virginia @h proposes to incroom real property tax le@ies. how"w, tho City Manogw's proposed Opmating Budget does not imiude an imreow in the cuffent to. rote of $.80 per $ 1 00 of asw@ ,olue. 1. Assessment lncream: Total aswswd alue of r@l property, excluding additional asnswnents due to new cmstruction w impro,@ ments to property, exceeds lost year's total asmnw clue of real property by 5.45 pwcont. 2. Lowmed Rate N@eswry to Offset lncr@wd Assessment; The tax rate which wmld ley the sonw @nt of rml estate to. as lost yoor, when multiplied by the now total oswssed @olue of r@l estote ith the exclusi@s m@tiorwd abo", w@ld be $.76 pr $100 of as@wd @olue. Thi, ate will be kno.n as the "lowd tax rate." 3. Effecti@e Rate Increase: The City of Virginia @h propo@s to adopt a tax rote of $.80 per $100 of assenw @alw. The diffe,ece betmn the lowered to. rate and the propowd rate wwld be $.04 per $100, or 5.26 percent. This differerce @ill be kmwn as the "offmti,e tax rate imr@m." lndi@iduai property taxes may howe@w incroose at o pwcentoge greater thon or less than the above pwc@toge. A public hearing on the imrww will be hold m Moodcy, April 23, 198A, at 2:00 pm ond 7:00 pm in the City C@ncil Chombws. All heatings shall be open to the public. City Co.ncil shall permit per@s desiring to be h*ard an opportunity to prewnt oral testimony within wch rmumble time limits as @ll be determined by City Council. All intwested parties are i@ited to be present at the time and pime of"ementimed. lndi,iduois desiring to pro@ide mal comment should register with the City Clwk's Offico before the hmring begins. The City Clwk may be contacted at the office @ the wmd fi@ of the City Hall B.ilding or by calling 427-4303. City of Virgini. Nmh programs, octi@ities, and employ"nt opportu- nities a,e ovailable to all @e rewrdless of me, coiw, religion, wx, oge, mfi@l origin, handicop, or political offiliotion. An eqwl oppor- tunity/offirmti@e oction *mp4oy-. 5 Item I.E. RECESS ITEM 21755 Upon motion by Councilman Jones, seconded by Councilman McCoy, City Council RECESSED into INFORMAL BUDGET WORKSHOP at Two Forty-Eight in the afternoon, after which to convene into INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice I'layor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 23, 1984 - 6 - I N F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 23, 1984 5:15 P.M. After Recess of the INFORMAL BUDGET WORKSHOP at 4:40 p.m., the Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, April 23, 1984, at Five Fifteen in the evening. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Absent: Nancy A. Creech, Robert G. Jones*, J. Henry McCoy, Jrt, and Meyera E. Oberndorf* Note: Councilman McCoy entered the Informal Session at 5:18 p.m. Councilwoman Oberndorf entered the informal Session at 5:20 p.m. Councilman Jones entered the Informal Session at 5:28 p.m. April 23, 1984 - 7 - ITEM # 21756 Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as ameded, for the following purposes, to be followed by the INFORMAL SESSION. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litiqation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION, at 5:20 in the afternoon, to be followed by the INFORMAL SESSION Voting 10-0 Council M @ ers Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Robert G. Jones- J. Henry McCoy, Jr.* and Meyera E. Oberndorf* April 23, 1984 - 8 - RECONVENING OF CITY COUNCIL FOR INFORMAL SESSION ITEM # 21757 Council RECONVENED for the INFORMAL SESSION at Six O'Clock in the evening. April 23, 1984 9 M A T T F R S B Y M A Y 0 R/V I C E M A Y 0 R CONTINENTAL PHONE INCREASE RATE ITEM # 21758 Vice Mayor Henley referenced the application of CONTINENTNAL PHONE COMPANY for an increase in rates. The City Manager and the City Attorney will review and advise City Council. SANDBRIDGE CORPS PROJECT ITEM # 21759 Vice Mayor Henley referenced the Corps of Engineers' Project at Sandbridge. The City Manager will study the cost benefit study and advise City Council. TIDAL FLOOD BACK BAY ITEM # 21760 Vice Mayor Henley provided City Council with four (4) photographs illu- strating tidal flooding in Back Bay (Pungo Borough), particularly in the Spring with a South Wind. These photographs depicted Muddy Creek Road and Pleasant Ridge Road completely flooded at a time when there was no rainfall. M A T T E R S B Y C 0 U N C I L IAKE GASTON FINANCING PTAN ITEM # 21761 Councilman Jennings referenced his request to Finance Director Giles Dodd to prepare an AMORTIZATION SCHEDULE (which is hereby made a part of the record) showing $10 MILLION invested each year at 12%. This was also similarly illustrated with a $15 MILLION investment over 10 years at the same rate. The City manager and Finance Director are to review this proposal with the City's financial consultants on April 24, 1984, and advise Council accordingly. April 23, 1984 - 10 - M A T T E R S B Y C I T Y M A N A G E R OCEAN PARK DRAINAGE PRO.TECT BIDS IT'EM @ 21762 Chief Engineer, Donald Trueblood, in response to Council inquiries con- cerning OCEAN PARK DRAINAGE PROJECT BIDS (See Formal Agenda Item No.III-F.14), identified the following: (1) Differences between Crystal Lake and Pleasure House Creek. (2) Dumping into the Chesapeake Bay versus the Lynnhaven River. (3) Alternatives and environmental considerations inherent in design as well as complied regulations and permits received. (4) Role of the Hampton Roads Quality Agency. Concerning alternative outfalls, preliminary figures indicated an additional expense of $1.6 MILLION for Phase 1 and $2.4 MILLION for Phase 2. Permits were obtained from the Army Corps of Engineers and the Virginia Marine Resources Commission with no special requirements attached. chief of Comprehensive Planning, Jack Whitney, further discussed the meeting on April 20, 1984, with Paul Fisher of the Hampton Roads Water Quality Agency: John Carlock from the Southeastern Virginia Planning District Commission; the Project Engineer; Donald Trueblood; and, himself. Although they did not participate in the inter-governmental agency review process for the OCEAN PARK DRAINAGE PROJECT, the Hampton Roads Water Quality Agency and the Planning District Commission were not aware of any objections that were raised by any of the agencies that did perform this review. They further reiterated that there were not any State or Regional plans or policies with which said project would conflict. From an environmental standpoint, they did not discover anything that needed to be modified. A literature review was also conducted on any work performed at on Pleasure House Creek. POTTERS SAND FENCE ITEM # 21763 Chief Engineer Donald Trueblood reviewed proposals received by three firms in connection with the removal of POTTERS SAND FENCE. Mr. Trueblood determined that W. F. MAGANN CORPORATION was his best recommendation. This corporation utilizes a walking crane with a high pressure pump mo@ted on the crane, which has been modified for offshore work. There will be a mobilization, demobilization charge of $16,809 and a daily charge of $2,856. Magann would remove the units properly from the beach and transport them to a sal- vage yard. The salvage value of all the units would be returned to the City. The corporation assumes the work will be accomplished in ten days, but Mr. Trueblood will allow fifteen days, in which case their cost would be $59,650. This is not a LUMP SUM bid. (See Item III-F.12 of the Formal Agenda) April 23, 1984 - 11 - M A T T E R S B Y C I T Y M A N A G E R (Continued) TAX ON CIGARETTES ITEM # 21764 The City Manager referenced an amendment to Section 35-207 of the City Code to levy taxes of 7 1/2 mills per cigarette rather than the present 7 1/2 cents per ten cigarettes, or fraction thereof. The tobacco com- panies are marketing cigarettes in packages of twenty-five rather than the usual twenty. This Ordinance would be effective July 1, 1984. CAPITAL PROJECTS STATUS REPORT Period Ending March 31, 1984 ITEM # 21765 The City Manager entertained a discussion of the CAPITAL PROJECTS STATUS REPORT for the period ending March 31, 1984. Vice Mayor Henley inquired about BEGGARS BRIDGE, and the curbs on SANDBRIDGE ROAD. INTERIM FINANCIAL STATEMENTS FOR July 1, 1983 through March 31, 1984 ITEM # 21766 Finance Director Giles Dodd stated that concerning the INTERIM FINANCIAL STATEMENTS for the Period Ending July 1, 1983 through March 31, 1984, the estimated Fund Balance is approximately on target. Amusement taxes are over the City's estimates, and assessment of cigarette taxes has improved. CONSENT AGENDA PERSONAL PROPERTY TAXES/RF-AL ESTATE TAXES ITEM # 21767 Councilman Heischober inquired regarding an Ordinance to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to personal property taxes and an ordinance to amend and reordain Section 35-73(a) of the Code pertaining to penalty and interst concering taxes on real estate (See Item No. III-F.9 of the Formal Agenda). The City Attorney noted that the City was not allowed to incorporate the Internal Revenue Regulations by reference within the Amendment. VIRGINIA BEACH SCHOOL BOARD ITEM # 21768 Councilman Jennings inquired as to the Resolution authorizing the Virqinia Beach School Board to exercise the prerogative of increasing the salary of the School Board Chairman (See Item No. III-F.3). The City Manager replied that under the 1984/1985 OPERATING BUDGET, the City would be paying the maximizn allowed by State Law to the School Board. April 23, 1984 - 12 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL April 23, 1984 7:00 p.m. Mayor Louis Jones RECONVENED the Fonual Session of the Virginia Beach City Council at Seven O'Clock in the evening. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech April 23, 1984 - 13 - ITEM III-A.1 MINUTES ITEM # 21769 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED the Minutes of April 16, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 14 - Item III-B.1 PROCLAMATION ITEM # 21770 Mayor Jones PROCLAIMED May 1, 1984 as LAW DAY. This Proclamation recognized the place of law in American life. The Virginia Beach Bar Association, in conjunction with the Virginia State Bar and the American Bar Association, has scheduled a series of events between April 28 and May 4, 1984, to commemorate LAW DAY in the City of Virginia Beach. R. J. Nutter, Assistant City Attorney and Chairman of the LAW DAY COMMITTEE for the Virginia Beach Bar Association accepted the PROCLAMATION. April 23, 1984 - 14 a - P R 0 C L A M A T I 0 N WHEREAS, May 1st is Law Day in the United States of America; and WHEREAS, the United States of America has been the citadel of individual liberty and a beacon of hope and opportunity for more than 200 years to many millions who have sought our shores; and WHEREAS, the foundation of individual freedom and liberty is the body of the law that concerns us; and WHEREAS, the Constitution of the United States Of America and the Bill of Rights are the heart of that body of law, which guarantee us many freedoms - including freedom of reliqious belief, freedom to have and hold property, freedom of assembly, freedom of speech, freedom of the press, freedom of petition, and due process of the law among others; and WHEREAS, this year marks the 27th annual nationwide observance of Law Day, and the Congress of the United States and the President by official proclamation have set aside May 1 as a special day for recognition of the place of law in American life; and WHEREAS, the Virginia Beach Bar Association, in conjunction with the Virginia State Bar and the American Bar Association, has scheduled a series of events between April 28 and May 4, 1984, to commemorate Law Day in the City of Virginia Beach. NOW, THEREFORE, the City Council of the City of Virginia Beach, does hereby desiqnate May 1, 1984, as Law Day and calls upon all citizens, schools, businesses, clubs, and the news media to participate in the events scheduled by the Virginia Beach Par Association commemoratinq the role of law in our lives. Adopted this 23 day of April 1984, by the Council of the City of Virginia Beach, Virginia. RJN/da 4/6/8 4 4/11/84 (4) April 23, 1984 - 15 - Item III-C.1 PRESENTATION ITEM # 21771 Mayor Jones presented a RESOLUTION OF APPRECIATION to: JOHN M. CONNELL . . . . . . . HOUSING BOARD OF APPEALS April 23, 1984 - 16 - Item III-D.1 PUBLIC HEARING ITEM # 21772 Mayor Jones declared a Public Hearing on the following: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - 10TH PROGRAM YEAR Inasmuch as there were no speakers, Mayor Jones closed the PubliC Hearing. April 23, 1984 16 a COMMUNI fY DEVELOPMENT BLOCK GRANT PROGRAM Cl*ty of V*irgi'n'la Beach DATE: MONDAY, APRIL 23, 1984 TIME: 7:00 P.M. PLACE: CITY COUNCIL CHAMBERS, AD- MINISTRATION BUILDING, SEC- OND FLOOR, MUNICIPAL CENTER, VIRGINIA BEACH PURPOSE: SUBMISSION OF 10TH PRO- GRAM YEAR APPLICATION TO CITY COUNCIL FOR APPROV- AL ;m 1. Tenth Program Year Application On May 1, 1984, the City of Virginia Beach through its fiscal year application will apply for approximately $2,432,000 in federalfunds to car- ry out community development activities. On the basis of comments given at the January, 1984, public hearing, the following program activi- ties are proposed for funding: Lake Smith Water/Sewer/Streets . $862,016.00 Gracetown Streets ........ ..... 100,000.00 Newsome Farm Streets .......... 1 oo,ooo.oo Seatack Streets IIA ... 50,000.00 Seatack Streets Ill ............... 50,ooo.oo Seatack Streets IIB .............. 25,000.00 Seatack Streets [V .......... .... 25,000.00 Mill Dam Water/Sewer/Streets .... 300,000.00 Relocation ......... .......... 250,000.00 Last Resort Housing ............ 233,867.00 Rehabilitation ........ . ........ 50,000.00 Administration ............. 'l 00 $-2:53@2,6600.760. '(Additional $100,000.00 from program income) 11. Housing Assistance Plan The City Council proposes to address the housing needs of low and moderate income persons by utilizing federal programs for building new multi- family rental housing, renting existing housing, and r ibilitating substandard housing. If you cannot aftend this hearing, please submit your comments to Malissia Lee, Information Special- ist, Office of Housing and Community Development. Copies of the recommendation for the CDBG Tenth Program Year application and the Housing Assis- tance Plan goals are available from 9:00 A.M. to 5:00 P.M., Monday through Friday, at the Office of Housing and Community Development, 302 22nd Street, Virginia Beach, Virginia 23451, (804) 422- 3856. City of Virginia Beach programs, activities, and employment opportunities are available to all people regardies"f race, color, religion. sex, age, national ,origin, handicap, or political affiliation. An equal opportunity/affirmative action employer. April 23, 1984 - 17 - Item III-D.2 PUBLIC HEARING ITEM # 21773 Mayor Jones reopended the Public Hearing on the following: THE OPERATING BUDGET FOR THE FISCAL YEAR J-ULY 1, 1984 - JUNE 30, 1985 AS PROPERLY ADVERTISED. $335,806,678. This Public Hearing had been declared in the earlier FORMAL SESSION at 2:00 p.m. There being no additional speakers, Mayor Jones closed the Public Hearing. April 23, 1984 - 18 - Item III-E.1 ORDINANCE ITEM # 21774 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to apply for COMMUNITY DLVELOPMENT BLOCK GRANT FUNDS for the Tenth Program Year. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 18 a - Requested by: The Office of Housing and Community De-velopment ORDINANCE TO APPLY FOR COMM[INITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE TENTH PROGRAM YEAR WHEREAS, the United States Conqress has established legislation designated as the Housinq and Community Development Act of 1974 setting forth as a National goal the development of viable urban communities; and WHEREAS, the United States Congress has enacted leqislation designated as the Housing and Community Development Amendments of 1980, providing for continuing efforts in the development of viable urban communities; and WHEREAS, there is federal assistance available for the support of Community Development and Housinq activities directed toward specific objectives such as the eliminatio, f deteriorated conditions in low and moderate income neiqhborhoods; the elimination of conditions which are detrimental to health, safety and welfare; the conservation and expansion of the Nation's housing stock; the expansion and improvement of the quantity and quality of community services; and other related activities; and WHEREAS, the City of Virqinia Beach has developed a multiyear Community Development 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 implementinq this program and desires tO initiate an application for the Tenth Year fundinq (1984-1985) in the amount of $2,432,000.00. April 23, 1984 - 18 b - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Mana(3er is hereby authorized and directed to cause such information or materials, as may be necessary, to be provided to the Department of Housinq and Urban Development to permit the review, approval, and fundinq of the City's Tenth Year Entitlement Grant Application. AND BE IT FURTHER ORDAINED, that the Council of the City of Virginia Beach gives its assurance that the i,tent of the Act will be complied with in fu].I. AND BE IT FURTHER ORDAINED, that the Department of Housing and Urban Development is respectfully requested to assist in the prompt approval and fundinq of the subject proqram in order that the public interest of this City may be best protected. Adopted by the CounCil of the City of Virginia i3each, Virginia on this 23 day of April 1984. DSH/re 4/1 3/8 4 4/19/84 (ORD E) A CIT@Y'@'Ai'TTORNY -2- April 23, 1984 - 18 c - PROJECTED ALLOCATION OF FUNDS 10th PROGRAM YEAR Lake Smith Water/Sewer/Streets $862,ol6.oo Gracetown Streets 100,000.00 Newsome Farm Streets 100,000.00 Seatack Streets IIA 50,000.00 Seatack Streets Ill 50,000.00 Seatack Streets IIB 25,000.00 Seatack Streets IV 25,000.00 Mill Dam Water/Sewer/Streets 300,000-00 Relocation 250,000.00 Last Resort Housing 233,867-00 Rehabilitation 50,000.00 Administration 486,117-00 (20%) TOTAL $2,532,000.00 ENTITLEmENT GRANT $2,432,000.00 Program Income (repayment of loans and water/sewer fees from unqualified applicants $ 100,000.00 TOTAL FUNDS ALLOCATED $2,532,000.00 Prepared April 1984 April 23, 1984 - 19 - Item III-F CONSENT AGENDA ITEM # 21775 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4@ 5, 6, 7, 8, 9, 10, 11, 12* 13, 141 15, and 16 of the CONSENT AGENDA. *Councilman W. H. Kitchin, III, ABSTAINED on Item No. 4 *The City Manager noted a correction to his letter identifying the bidders (ITF-M NO. 12): "Disposal... by the City" should read "Disposal .... by the contractor." *Councilman H. Jack Jenninqs reqistered a VERBAL NAY on Item No. 14 Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 20 - Item III-F.1 CONSENT AGENDA ITEM # 21776 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution of Appreciation to JOHN M. CONNELL. Votinq: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 20 a - RESOLUTION OF APPRECIATION TO JOHN M. CONNELL WHEREAS: John M. Connell was first appointed a member of the Housing Board of Appeals on July 1, 1980, he has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal Sacrifices and inconveniences, not only to him but freqtlently to his family. We trust mtich satisfaction was realized in sticcessfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to ,JOHN M. CONNELL BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread tipon the Minutes of this Formal Session of Virginia Beach City Council this Twenty-Third day of April, Nineteen Hundred Eighty-Four. Given Linder my hand and seal, Mayor April 23, 1984 - 21 - Item III-F.2 CONSENT AGENDA ITEM # 21777 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution of Appreciation to the LADIES AUXILIARY TO THE VIRGINIA BEACH BOROUGH VOLUNTEER FIRE DEPARTMENT. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor LoUis R. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: Nancy A. Creech April 23, 1984 - 21 a - RESOLUTION WHEREAS: On the morning of Good Friday, March 27, 1891, early risers in Virginia Beach were greeted with torrential rains and strong east - northeast winds were whipping ocean salt spray and sand while the wind velocity was up to fifty-four miles per hour as recorded by the Weather Bureau Station located at the Cape Henry Lighthouse. Guests at the Princess Anne Inn were prepared to enjoy an Easter holiday filled with warm ocean breezes and a parade of spirit- lifting Spring blossoms. But, by Nine O'Clock in the morning, word was received that a sailing ship appeared to be in trouble about a mile off the beach. By Ten O'Clock, the ship was fighting to keep away from the shore, About 350 yards from shore, the ship hit a sandbar; WHEREAS: The ship was the Norwegian-owned bark, DICTATOR, a proud and beautiful vessel whose masters had sailed her to the world's greatest trading centers from Constantinople to Singapore--conquering fog and ice in the North Atlantic, violent seas around Cape Horn and had weathered monsoons in the Indian Ocean. The Dictator was loaded with pine and enroute West Hartlepool, England, from Pensacola, Florida, when a severe storm unleashed her most violent anger from the Coast of Florida to New Jersey. Weary and urged to seek shore for repairs, the Captain headed the ship to the entrance of Chesapeake Bay. A moment later she came to a standstill solidly on the outer edge of a sandbar about 37th Street in Virginia Beach. As the storm and tides raged during the afternoon and until dark, fruitless efforts were made to save the crew. Nine seamen reached shore. In the last attempt to save his wife and son, the Captain alone was washed upon a sandbank and crawled to shore. The Captain's wife and son were among five crew members who lost their lives to the broken ship and angry waves. After her body washed ashore, his wife was buried at Elmwood Cemetary. Kneeling at her grave, the Captain tenderly picked a collection of flowers that he would take home to Norway where he would preserve them; WHEREAS: On September 22, 1962, when the time was Eleven in the morning in Moss, Norway, and Five In the afternoon in Virginia Beach, the weather was remarkably similar in both cities--windy and chilly--citizens met to unveil duplicate copies of sculptor Omulf Bast's latest work, THE NORWEGIAN LADY. The nine-foot statue closely resembled the figurehead salvaged from the broken Dictator and was erected between the Oceanfront and Twenty-Fifth Street. A fragment of the original figurehead was placed beneath the base and a similar portion given the norwegian sculptor; and, WHEREAS: Legend has it that the Captain returned annually for many years to cast flowers upon the water in memory of his family and crew. For the twenty-second time since 1962, the Ladies Auxiliary to the Virginia Beach Borough Volunteer Fire Department gathered this past March Thirtieth to pay tribute to five crewmen on the Saturday closest to March Twenty-Seventh when flowers were cast upon the water and a wreath placed at the Norwegian Lady statue. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations to pay tribute to this faithful few who not only support the City's firemen but annually commemorate this historic event which although was tragic and claimed the lives of those who came in peace now declares a symbol of viable and intimate friendship between Norway and America. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation and a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Twenty-Third day of April, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor April 23, 1984 - 22 - Item III-F.3 CONSENT AGENDA ITEM # 21778 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the VIRGINIA BEACH SCHOOL BOARD to exercise the prerogative of increasing the salary of the School Board chairman by the amount prescribed in the Code of Virginia, effective July 1, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 22 a - R E S 0 L U T I 0 N WHEREAS, Section 22.1-32 (C) of the Code of Virginia, contains provisions for payment of a salary supplement for chairmen of local school boards; and WHEREAS, the Virginia Beach City School Board has indicated that the chairman has additional official duties which make such compensation reasonable; and WHEREAS, the School Board, by formal action on March 20, 1984, has requested City Council to authorize such payment. THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT effective July 1, 1984, the Virginia Beach City School Board is authorized to exercise the prerogative of increasing the salaryofthe School Board chairman by the amount prescribed in the Code of Virginia. ADOPTED: April 23, 1984 4- 17- 8 4 April 23, 1984 - 23 - Item III-F.4 CONSENT AGENDA ITEM # 21779 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the enlargement, extension and reconstruction of the nonconforming use and structure located at 315 26th Street (property of W. H. KITCHIN III) Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: W. H. Kitchin, III Council Members Absent: Nancy A. Creech April 23, 1984 - 23 a - RESOLUTION AUTHORIZING THE ENLARGEMENT, EXTENSION, AND RECONSTRUCTION OF THE NONCONFORMING USE AND STRUCTURE LOCATED AT 315 26TH STREET (PROPERTY OF W. H. KITCHIN, iii) WHEREAS, W. H. Kitchin, III, desires tO reconstruct and enlarge his garage apartment located at 315 26th Street, Virginia Beach, Virginia. The qarage apartment as enlarged and reconstructed is shown as the hatched area on that certain survey entitled "PHYSICAL SURVEY LOT 8 BLOCK 98 VIRGINIA BEACH DEVELOPMENT CO. MAP NO. 3 EXTENDED M.B. 4 Pt. 2 P. 266 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA.1- (the "Survey"), a Copy of which is attached hereto and herein incorporated by reference; and WHEREAS, the present use and existinq structure do not conform to the provisions of the Comprehensive Zoning Ordinance because garage apartments are not allowed in the A-1, Apartment District; and WHEREAS, pursuant to SS105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming use and the enlargement, extension, and reconstruction of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as enlarged, extended, and reconstructed are equally appropriate or more appropriate to the zoning district than are the Ixilting nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds the enlargement or extension of the nonconforming use and the enlargement, extension, and reconstruction of the nonconforming garage apartment, located at 315 26th Street, Virginia Beach, Virginia, as shown on the Survey, are equally appropriate or more appropriate to the zoning district in which they are located than are the existing nonconformities; and the City Council hereby authorizes the enlargement or extension of the nonconforming April 23, 1984 - 23 b - use and the enlargement, extension, and reconstruction of the nonconforming structure in the manner shown on the Sur,ey. Adopted by the Council of the City of Virginia Beach, Virginia, on April 23, 1984 CJ/da 4/1 6/8 4 (3) -2- April 23, 1984 23 c TtilS IS TO CLRIIFY T"Al 1, Ot4 23 APRIL 1979 .11, F-ROPERTY SHOWN ON THIS PI-AT. AND IHAT TIIL fill.L LINE, ANO IHE WALL.5 OF 114@@ ARE AS SHOWN ON TlilS PLA I IN TliE T17L-L I.INLI A14D ik4FRE ARL NO I TkIE LIUILDlt4GS STAND 5 1 HICI I Y Wil H @ILNTS OF OTHER 1, JILDINGS ON THL PROI-ERTY. EXCEPT AS SHOWN SIGNEL) 2 o' ALLEY t4 82 45' E PiNt..ti ;7N(.,) 6.(Y L 11-@' 7 9 10.4' 'k Pi N(,4 50 00' PIPEt'.) 100' t. ARTIC AVENUE S 92- 45' W 26 th STRE ET( 60' R/W PHYSICAL SURVEY LOT 8 BLOCK 98 VIRGINIA BEACH DEVELOPMENT CO. MAP NO. 3 EXTENDED MB 4 Pi 2 P 266 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SC AL E I 3 O' 24 APRIL 1979 MADE FOR W. H K I T C H E N 311 GALLUP SURVEYING, LTD. 325 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 12 4 5 23451 K 8 - 24 - Item III-F.5 CONSENT AGENDA ITEM # 21780 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute a Cost Participation Agreement with MIDDLE PLANTATION DEVELOPMENT COMPANY for construction of water facilities. (A new plat was distributed to City Council) Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 24 a - A RESOLUTION AUTHORIZLNG THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH MIDDLE PLANTATION DEVELOPMENT COMPANY FOR CONSTRUCTION OF WATER FACILITIES WHEREAS, the Middte Plantation Development Company is desirous of deve- loping land located in the Lynnhaven Borough in accordance with the terms and conditions of the city ordinances, and WHEREAS, in order to provide water services to this project, it is necessary for the developer to construct certain water facilities, and WHEREAS. the city desires to enter into a cost participation agreement requesting the developer to engage in construction greated in scope than is necessary for the project area in order to provide water service to Citizens Out- side the project limits, and WHEREAS, the city's share of costs is estimated at $14,082 and such costs may be charged to capital project 5-304 Small Line Improvements, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized Lo execute the cost participation agreement with Middle Plantation Development Company for construc- tion of water facilities. Adopted by the Council of the City of Virginia Beach on the- 23 day of April 19 84. April 23, 1984 L-1-RES2 - 24 b - CITY OF VIIIGINIA BEACH DEPARTMENT OF I)UBLIC UTILIT[ES COST-PARTI-Cf-PA-TION- A-GR-EEME-N,r- (-WA-TER) THIS AGREEMENT, Made tfiis 4t@i day of AI)ri I - ----------- 19 84 , by and between Micicile Plintation I)evclc),)mctit Compiny - - ---------- - -- - --------- hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACti, VIRGINIA, hereinafter referr(-@d to as the "City". WIIEREAS, Owner is seized in fee simple of lanci located in the Lynnliaven Borotigh kiiown as Mid(lie Plantation, Ph@ise - - ------------------------ and WIfEREAS, Owner is desirotis of improving the Project in accordance witli the terms and conditions of the City ordin@xn,@,@s and agrees to conform to s@iii ordinitnces; :tnd WHEREAS, in order for Owner to provid(,- water service to this Project, it is necessary for Owner to construct certain water facilities; and WHEREAS, the City lias requested that such construction be greater in scope than is necessary to provide service to this Project; and WIIEREAS, such construction is of value to the City in providing service to customers otlier than tilose within the Project limits; NOW, THEREFORE, in consideration of the muttial promises alid benefits accruing hereto, the parties agree tllat; 1. Owner shall construct a water system (hereinafter the "System") according to plans and specifications approved by tlie Department of Public Utilities, a copy of which is on file witti the Department. April 23, 1984 - 24 c - 2. The City shall make cash payment to Owner in tike of ($) @4 .00 after successful completion of ti)(2 ,g82 System and acceptance thereof by tlie City in accordance witil the approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other water facility to the System. Any such connection inay be at any point, and tlie City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System ;tnd acceptance thereof by the City, Owner hereby agrees that the System, including but not limit(@d to w;tt4.!r (!onn(!ctiotlEi, witti,r m!lin,,,, valves, fittings, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system. In the event any claim is made against the City, eittier independently or jointly with Owner, lessee, or purchaser oti account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall intire to tlle benefit of and b,@ binding upon the parties liereto an(I their rl-spectivo heirs, successors, and assigns. 7. Upon execution of ttiis Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. April 23, 1984 - 24 d - IN WITNESS WHEREOF, Middle Plantation Development Comp@iny ------------------------------------------------- has caused its name to be hereunto signf-@d by E. KC'Ilnetil Day, Vice- Pres-ident and the City of Virginii Bcacti, ------------ Virginia has caused its name to be hereunto signed by Thomas Fl. Muehlenbeck its City Manager. WITNESS the following signatures and seals. I L! !APPROVED ASITO C')NTENTS Middle Plantation f)evelopment Compiriv - --- - ------------------------------- - - -- By APPRGVED CITY OF VIRGINIA BEACII, VIRGINIA By STATE of Virginia City Manager CITY of Virginia Beach, to-wit: a Notary Public in and for the City i@nd St.te aforesaid, do hereby certify that Vice Presid@nt,wh.s. name as such is signed to the foregoing agreement,@hzai. ackno.ledged the same before me in my City and State aforesaid. GIVEN under my hand this4 day of 19 My Commission Expires: Notary Public April 23, 1984 - 25 - Item III-F.6 CONSENT AGENDA ITEM # 21781 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute a COST PARTICIPATION AGREEMENT with the developer of Christopher Center for sewer and water constructi.on. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 25 a - A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE DEVELOPERS OF CHRISTOPHER CENTER FOR SEWER AND WATER CONSTRUCTION WHEREAS, Council previously approved a cost participation agreement with the developers of Christopher Center for installation of oversized sewer lines and a pump station for compatibility with the existing city system, and WHEREAS, due to financial constraints on the developers, construction did not occur, and WHEREAS, the city now desires to enter into a revised agreement requesting the developers to engage in construction greater in scope than is necessary for the project area in order to provide sewer and water services to citizens outside the project limits, and WHEREAS, the city's share of costs is estimated at $66,075 for sewer and $13,743 for water improvements and such costs may be charged to existing capital projects 6-921 Baxter/Holland Road Improvements and 5-304 Small Line Improvements respectively, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VLRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized to execute the cost participation agreement with the developers of Christopher Center for construc- tion of sewer and water facilities. Adopted by the Council of the City of Virginia Beach on the 23 day of April 19 84 APPIZOVED AS To CONTENT D[ '@RT@rNT V AS 0 0 CIT, TRNEY L-1-RESI April 23, 1984 - 25 b - CITY OF VIRGINIA BEACH DEPARTMENT OF PLIBLIC UTILITIES UTILITY AGREEMENT THIS AGREEMENT SUPERSEDES PREVIOUS AGREEMENT DATED MARCH 25, 1980 THIS AGREEMENT, Made this 1st day of March, 1984 by and be- tween CHRISTOPliER DEVELOPMENT CO., hereinafter referred to as "Owner" party of the first part; and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City", par-@y of the second part. WHE@@-AS, Owner is seized in fee simple of 20.089 acres, more or less, of land in Kempsville Borough, it being (a part of) the property conveyed to it by deed dated June 29, 1983 which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2261 , at Page 594 , and more commonly known as the "Project"; and WHEREAS, Owner is desirous of improving the project in accordance wi-lh "he terms and conditions of the Virginia Beach Si-le Plan Ordinance,and agrees to conform to said or- dinances;and WHEREAS, in order for the Owner to provide sewer and water services to this project, it is necessary for Owner to engage in offsille construction or construction with offsite benefits, and where such construction is greater in scope than is necessary to provide service to this project; and WHEREAS, such offsite construction or of,@site beneficial con- struction is of value to the City in providing service to customers other than those within the project limits; April 23, 1984 - 25 c - NOW THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the premises and the mutual covenants and undertakings of the parties hereto, each party hereby mutually agrees with the other as follows: 1. Owner shall construct a sewer and water system according to the approved plans on record with the Department of Public Utilities. The improvements covered under this agreement are shown schematically on Exhibits "A" and "B" a-Itached hereto. 2. The City shall make cash payment to the Owner, such pay- ment to be in the amount of Thi-rteen Thousand, Seven Hundred Forty Three Dollars and Forty Cents ($13,743.40) for the wate- improvements and Sixty Six Thousand, Seventy Fouv Dollars and Seventy Cents ($66,074.70) for the sewer improvements. Said amount is computed according to the figures on Exhibits"C"and"D" attached hereto. It is expressly understood that all payments are subject to the proper completion of the work according to the afore- said approved plans and specifications by the Department of Public U-Iilities. Payments by the City shall be made from time to time after March 1, 1984 based on invoices from the Owner certified correct by Talbo-I & Associates, Ltd.; less 10% retainage which shall be paid by the City upon dedication and acceptance of the completed systems. April 23, 1984 - 25 d - 3. The City shall have the right at any and all times to make, connect or permit the connection of any other sewer or water connection or extension with the system described in Exhibits "A" and "B", as at'lached hereto, at any point or points and shall have the right at any and all times to use this said system to serve persons beyond and ad- - jacent to the project limits. 4. on completion of the construc-lion of the sewer and wacer systems by the Owner, and the final inspection and acceptance of the systems by the City, the Owner hereby agrees that the systems, including but not limited to the pumping station, force main, service connections, sewer mains, laterals, pipes, valves, water mains and other facilities, shall be considered as dedicated to the City of Virginia Beach as of the date of the City's acceptance and maintenance thereof; except that the Owner agrees to dedicate to the City the property, ease- ments and rights-of-way shown on the approved plans prior to final acceptance. 5. Owner will indemnify, keep and hold the City l.ree and harmless from any contractual liability of Owner and from all claims on account of injury to Owner, lessee, purchaser, or any other persons, firm or corporation,or damage to -,he property of Owner, lessee, purchaser or any other person, firm or corporation, arising from or growing out of the design, approval, construction and/or installa- tion of the said systems, in the event that suit shall be April 23, 1984 - 25 e - brought against tlie City, either independently or jointly with such Owner, lessee or purchaser on account hereof, such Owner will defend the City in such suit at the cost of such Owner, and in the event of a final judgement being obtained against the City, either independently or jointly with such Owner, lessee, or purchaser, then such Owner, lessee or purchaser shall pay such judgement with all costs and hold the City harmless therefrom. 6. Owner shall provide the City with a completion and per- formance bond or letter of credit for the sewer system in the amount of One Hundred Ninty Three Thousand, Five Hundred Forty Six Dollars and Eighteen Cents ($193,546.18) with suitable surety prior to any payment by the City in accordance with Section 2 above. The Owner may quarterly reduce the bond or letter of credit by the value of the work comple-led. The Owner will p:rovide the City with a Defect Bond in the amount of Nineteen Thousand, Three Hundred Fifty Four Dollars and Sixty Two Cents ($19,354.62) at such time that the City accepts ownership of the sewer system. This Defect Bond will be valid for a two (2) year period from the date of acceptance of the sewer system by the City. 7. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. April 23, 1984 - 25 f - 8. Upon execution of this Agreement, it shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. 1N WITNESS WHEREOF, Christopher Development Company has caused its names to be hereunto signed by Mr. Norman Schaeffler, Vice President, a corporate officer being duly authorized therefor, and the City of Virginia Beach, Virginia has caused its name to be hereunto signed by Mr. Thomas H. Muehlenbeck, its City Manager. WITNESS the following signatures and seals: ISTOPHER DEVE APFPC)VE'.) r@s 7,@- COi@Ter,',jlS y c@a By:- Ndrman S Vice Presider 7, CITY OF VIRGINIA BEACH, VIRCINIA CITY By: Thomas H. Mueh en ec City Manager r-ity Cf N(.,,: April 23, 1984 - 26 - Item III-P.7 CONSENT AGENDA ITEM # 21782 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to transfer funds of $26,080 from the General Fund Reserve for Contingencies for the purchase of DATA PROCESSING EQUIPMENT. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Pobert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 26 a - AN ORDINANCE TO TRANSFER FUNDS OF $2(i,080 FRO@L THI@, GENERAL FliND RESERVE FOR CONTINGII'NCIES FOR TIIE PURCIIASE OF DATA l'ItOCI,,SSIN(@ EQUIPMENT WHEREAS, the DepartmE,,nt of Dat@a Processing has requested funds in the proposed FY 85 operating budget ror t,ll(-' purehase of nineteen Telex terminals, and WHEREAS, these terminals are presently rented by Data Processing and the rental on the equipment will more tban double on May 1, 1984 from $1,304 to $3,291 per month, and WIIEREAS, it is the rc@commendation of Data Proc@essing that the equipment be purchased at this time in order t,, avoid the increased rental rate and an over-expenditure for rental on this item in the FY 84 Data Processing budget, and WHEREAS, the cost for the nineteen terminals is $26,080 and the funds are available from the Ceneral Fund Reserve for Contingencies. NOI-;, THEREFORE, BE IT ORDAINED BY TIIE ('@OIJNCIL OF THE CITY OF VIRGINIA BEACH that funds or $26,080 are hereby transferred from the General Fund Reserv(, for Conting(@neies to the Department of Data Processing fOr th(@ pilrehas(,' of nineteen terminals. BE IT FURTHER ORDAINED that the FY 85 request of tbe Department of Data Processing for the purchase of these tf,rminals be reduced by $22,430. Adopted by the Cc)uncil of the City or Virginia Beach on the 23 day of April 19 84 .APPROVEL) P S -, 0 COt4TE@;T MENT SY, NA F CITY ATTORNEY April 23, 1984 2 7 Item III-F.8 CONSENT AGENDA ITEM 21783 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $435,600 for POLICE AND FIRE VEHICLES and reduce the 1984-1985 Budget request for those vehicles by $453,000. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 27 a - AN ORDINANCF: TO APPROPRIA'fr-, VIINDS OF $1:35,600 FOR 1)01,[CF, ANI) ANI) T]II@: l@)81-1985 13111)G@:T FOR TIIOSE VEHICLES nY $153,000 WHEREAS, the State Office of Purchases and Stil@pl.v li:i@ indicated that the city may purchase police and fir,(, under the current Stat(@ c@ontract which c@xpir(,.@ on AI)ril :10, 1984, and WIIEREAS, the Police and Fire T)epartments and Office have reqii(@st(,(l ttiat the city pur(@hasc@ und(,r I li,- current State contract a total of forty-four mark(,d proposed fc)r these ol*fic(,s in the FY 84-85 op(@ral in@ and WIIEREAS, a purcbase at this time will save 37) to 5',' in purchase price over next year, and will provid(, a mor(, acceptable delivery time on next year's cars, and WHEREAS, the total cost for a purchase now is $,I:35,C@00 based on a unit cost of $9,900 and the FY 85 budget requesl, for these vehicl(,,s will be redu(@ed by $453,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII@ 01@ l'Ill'i CITY OF VIRGINIA BEACII that funds of $435,600 b(', approl)rizLl.(,(i from the General Fiiii(i ]3al;tiice for the J)ur(th,,tse ot* forLN-I,,Ill, marked vehicles as follows: Apl)ropriation Police Dep,,Lrtment (36 units) $356,400 Fire Department (5 units) 19,500 Sheriff's Office (3 units) 29 700 Total $435,600 BE IT FURTHER ORDAINED that the l'Y 85 I)udg(,,t. of the Police and Fire Departments and Sheriff's Offic(, for the acquisition of tlies(, vehicles be r(@du(,@,(@d by @360,000, $50,000, and $43,000 respectively. Adopted by th(@ ('otin(-.ii of@ tli(, (@it.y ol' Viri@iiii;i Virginia on the 23 day of April 1984 Ptiblic Hearing: First Reading: April 16, 1984 Se(-,ond Reading: April 23, 1984 A,@@l 1964 - 28 - Item III-F.9 CONSENT AGENDA ITEM # 21784 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED, on FIRST READING, the following Ordinances: ordinance to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when PERSONAL PROPERTY TAXES not paid on time; AND, ordinance to amend and reordain Section 35-37(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when installment not paid on time (Taxes on REAL ESTATE). Voting: 10-0 Council Members Voting Aye: John A. BaLun, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council M @ ers Voting Nay: None Council Members Absent; Nancy A. Creech April 23, 1984 - 28 a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-6(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO PENALTY AND INTEREST WHEN PERSONAL PROPERTY TAXES NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-6(a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-6. Penalty and interest when personal property taxes not paid on time. (a) In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in section 35-5, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid taxes or the sum of ten dollars ($10.00), whichever shall be greater, and such taxes and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) per annum during the first year such taxes are delinquent, and thereafter at the rate of ten and eight-tenths (10.8) percent per annum. (b) The assessment of a penalty under this section shall not be deemed a defense to a criminal prosecution for failing to make such return of taxable property as may be required by law. (c) No amendment to this section shall reduce the amount of Penalty and interest which has been assessed or was assessable on delinquent taxes prior to the date of h amendment. Adopted by the Council of the City of Virginia Beach, Virginia, this day of 1984. MES/re 3/2 2/8 4 4/17/84 (G) FIRST READING: April 23, 1984 SECOND READING: -4PPROVEr - 28 b - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-37 (a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING PENALTY AND INTEREST WHEN INSTALLMENT NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-37(a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-37. Penalty and interest when installment not paid on time. (a) In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in section 35-36, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid installment or the sum of ten dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) percent per annum during the first year such taxes are delinquent, and thereafter at the rate of ten and eight-tenths (10.8) fifteen percent per annum. (b) The assessment of a penalty under this section shall not be deemed a defense to any criminal prosecution for failing to make such return of taxable property as may be required by law. (c) No amendment to this section shall reduce the amount of penalty and interest which has been assessed or was assessable on delinquent taxes prior to the date of such amendment. Adopted by the Council of the City of Virqinia Beach, Virginia, this day of 1984. MES/re 3/22/84 4/17/84 FIRST READING: April 23, 1984 SECOND READING,. APPRO%,-17- - 29 - Item III-F.10 CONSENT AGENDA ITEM # 21785 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Princess Anne Road and Tiffany Lane to ALLIANCE HEA-LTH SERVICES, its assigns and successors in title, and subject to the following conditions: 1. Tbe owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of this encroachment. 3. Tbe owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. A bighway permit needs to be obtained and bond posted for right-of-way improvements. 5. A four-inch sewer line is to be bored under Princess Anne Road. 6. This encroachment shall not be in effect until an agreement is executed encompassing the above conditions. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 (PRINCESS ANNE MEDICAL CC)MPLEX) - 29 a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF PRINCESS ANNE ROAD AND TIFFANY LANE TO ALLIANCE HEALTH SERVICES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in section 15.1-893, Code of Virginia, 1950, as amended, the Alliance Health Services is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Princess Anne Road and Tiffany Lane. That the temporary encroachment herein authorized is for the purpose of 4" PVC force main to service a structure known as the Princess Anne Medical Complex located at the east corner of the intersection of Princess Anne Road and Tiffany Lane and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Princess Anne Road and Tiffany Lane, as shown on that certain plat entitled: "FORCE MAIN ENCROACHMENT PLAN FOR PRINCESS ANNE MEDICAL CENTER," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Alliance Health Services and within thirty (30) days after such notice is qiven, said encroachment shall be removed from the City right-of-way of Princess Anne Road and Tiffany Lane by the Alliance Health Services and that the Alliance Health Services, its assigns and successors shall bear all costs and expenses of such removal. April 23, 1984 - 29 b - And PROVIDED FURTHER, that it is expressly understood and agreed that the Alliance Health Services, its assigns and success6rs in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance Shall not be in effect until such time that the Alliance Health Services executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of April 19 84. MES/re 11/8/83 (29A) -2- April 23, 1984 - 30 - Item III-F.11 CONSENT AGENDA ITEM # 21786 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of certain City owned property adjacent to Lake Joyce to JAMES BORBERG, his heirs, assigns and successors in title, subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the en- croachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: Nancy A. Creech April 23, 1984 - 30 a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CERTAIN CITY OWNED PROPERTY ADJACENT TO LAKE JOYCE TO MR. JAMES BORBERG, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Mr. James Borberg, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into certain City owned property adjacent to Lake Joyce. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a bulkhead and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of certain City owned property consisting of a 201 strip adjacent to Lake Joyce, on the certain plat entitled: "MR & MRS JAMES BORBERG 4524 BLACKCOVE RD VIRGINIA BEACH, VA LOT 5 BLACK COVE POINT," a copy of which is on file in the Department of Public works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. James Borberg, his heirs, assiqns and Successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from certain City owned property adjacent to Lake Joyce and that Mr. James Borberg, his heirs, assiqns and successors in title shall bear all costs and expenses of such removal. April 23, 1984 - 30 b - AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. James Borberq, his heirs, assiqns and successors in title shall indemnify and hold harmless the City of Virctinia Beach, its aqents and employees from and aqainst all claims, damages, losses, and expenses including reasonable attorney's fees in case it Shall be necessarv to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. James Borberq executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 dav of April 1984 MES/re 4/1 2/8 4 (29G) .-y -2- April 23, 1984 - 31 - Item III-F.12 CONSENT AGENDA ITEM # 21787 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED the proposal of W. F. MAGANN CORPORATION for removal of POTTER'S SAND DEVICE. MAGANN's Proposal is for a mobilization/demobili- zation charge of $16,809 and a daily charge of $2,856. Assuming the work would take fifteen (15) days, their cost would be $59,650. This is not a LUMP SUM bid. The City Manager noted a correction to his letter identifying the bidders. The Patrick Waddington proposal was incorrectly stated: "Disposal .... by the City" should read "Disposal ..... by the contractor." Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 32 - Item III-F.13 CONSENT AGENDA ITEM # 21788 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED the Financing proposal of SOUTHERN NATIONAL LEASING CORPORATION for the lease/purchase of a Microcomputer System for the Research Division totaling $31,321.00; AND, authorized the City Manager to enter into the necessary agreements for the lease/purchase of this equipment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 33 - Item III-F.14 CONSENT AGENDA ITEM # 21789 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED the low bid of WARBLER CONSTRUCTION COMPANY, INC., in the amount of $651,842.40, for CONTRACT I; AND, the low bid of CROWDER CONTRACTING COMPANY, INC., in the amount of $363,700.00, for CONTRACT II, for the OCEAN PARK DRAINAGE PROJECT, PHASE I. The City Council authorized the City Manager to enter into the necessary agreements for the implementation of these projects. Voting: 9-1 Council Members Voting Aye: John A. Baum, Harold Heischober, vice Mayor Barbara M. Henley, Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr.. Council Members Absent: Nancy A. Creech April 23, 1984 - 34 - Item III-F.15 CONSENT AGENDA ITEM # 21790 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED Raffle Permits for the following: COURTHOUSE RECREATION ASSOCIATION TEMPLE EMANUEL MEN'S CLUB Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 35 - Item III-F.16 CONSENT AGENDA ITEM # 21791 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,144.20 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 10-0 Council Members Votinq Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 35 a - FORM NO. C.A. 7 4/10/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Cary P Quincy III 83 pp 193189-4 3/6/84 .12 Barclays American Leasing 83 pp 188556-9 3/8/84 11.14 Barclays Arnerican Leasing 83 pp 188555-0 3/8/84 .24 John & Cynthia Roughgarden 83 pp 193459-7 3/5/84 .30 Brian D Pullin 83 pp 193169-8 3/5/84 .24 William W Church Jr 83 pp 189280-0 12/5/83 76.32 Roger L Visser 83 pp 185846-5 11/21/83 82.50 Star of the Sea School 83 pp 183798-8 1/11/84 216.72 Walter R Maxwell III 81 pp 78365 5/5/81 5.40 Walter R Maxwell III 82 pp 149085-2 11/23/82 222.54 Walter R Maxwell III 82 pp 82057-2 6/1/82 6.00 Walter R Maxwell Ill 83 pp 92107-8 6/1/83 209.94 Leonard & Dorothy Edelstein 83 pp 167950-5 12/5/83 58.92 William & Robin Church 83 pp 189279-3 12/5/83 52.98 William J & Ruth V Kennedy 83 RE(1/2) 44666-3 12/5/82 1.03 William J & Ruth V Kennedy 83 RE(1/2) 44665-4 12/5/82 23.81 The Kissell Co 84 RE(1/2) 49769-7 11/18/83 62.00 Robert & Roberta Chisholm 84 RE(1/2) 15275-5 12/5/83 57.00 Robert & Roberta Chisholm 84 RE(2/2) 15275-5 12/5/83 57.00 1,144.20 Total APR t I El i 0 L-AIW This ordinance shall be effective from date of adoption. The above abatement(s) totaling c $1, 114 ,o were approved by the Council of the City of Virginia Beach on the 23 day of April, 1984 j- r r ApproyRd as t Ruth Hodges Smith City Clerk n, City Attorney - 36 - Item III-G.1 PLANNING ITEM # 21792 Allan G. Donn represented the applicant Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED a Variance to Section 4.4(d) of the Subdivision ord- inance in the matter of the application of BAYVILLE FARMS. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bayville Farms. Property located south- east of the intersection of First Court Road and Shore Drive. Plats with more detailed information are avail- able in the Department of Planning. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye; John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 37 - Item III-G.2 PLANNING ITEM # 21793 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED a Variance to Section 4.4(d) of the Subdivision Ordi- nance in the matter of the application of ANN N. B. PARYS. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision ordinance, Subdivision for Ann N. B. Parks. Property located 1150 feet more or less east of the Eastern terminus of Kings Way Drive. Plats with more detailed information are a- vailable in the Department of Planning. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: Nancy A. Creech April 23, 1984 - 38 - Item III-G.3 PLANNING ITEM # 21794 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an ordinance upon application of FIRST CHURCH OF CHRIST, SCIENTIST for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF FIRST CHURCH OF CHRIST, SCIENTIST, FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0484630 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ordinance upon application of First Church of Christ, Scientist, for a Conditional Use Permit for a church on property located at the southeast corner of Laskin Road and Bay Way Road on Lot 16, Freemac Shores. Said parcel contains 2.58 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Subject to approval of variances on behalf of the Board of Zoning Appeals. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-third day of April, Nineteen Hundred and Eighty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 39 - Item III-G.4 PLANNING ITEM # 21795 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED WITHDRAWAL of an Ordinance upon application of BAYSIDE REPAIR SERVICE, INC., for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF BAYSIDE REPAIR SERVICE, INC. FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIRS Ordinance upon application of Bayside Repair Service, Inc. for a Conditional Use Permit for small engine repairs on certain property located on the north side of Thoroughgood Road beginning at a point 100 feet more or less west of Pleasure HOUSE Road, running a distance of 80 feet along the north side of Thoroughgood Road, running a distance of 125 feet along the western property line, running a distance of 96.7 feet along the northern property line and running a distance of 107.6 feet along the eastern property line. Said parcel contains 10,450 square feet. BAYSIDE BOROUGH Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Votinq Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 40 - Item III-G.5 PLANNING ITEM # 21796 Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council APPROVED WITHDRAWAL of an Ordinance upon application of CHAMPION SPORTS MANAGEMENT, INC., for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF CHAMPION SPORTS MANAGEMENT, INC. FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A GYMNASIUM, TWO BOXING RINGS, TRACK AND 20-ROOM LODGING BUILDING Ordinance upon application of Champion Sports Management, Inc., for a Conditional Use Permit for construction of a gymnasium, two boxing rings, track and 20-room lodging building on certain property located on the North side of Indian River Road beginning at a point 1415.26 feet east of West Neck Road, running a distance of 140 feet more or less along the north side of Indian River Road, running a distance of 74.74 feet in a northeasterly direction, running a distance of 170 feet more or less in a southeasterly direction, running a distance of 120 feet in a northerly direction, running a distance of 625 feet in a northeasterly direction, running a distance of 155 feet in a northerly direction, running a distance of 1027.14 feet in a northwesterly direction, running a distance of 439.97 feet in a westerly direction, running a distance of 165 feet in a southeasterly direction, running a distance of 165 feet in a southerly direction, running a distance of 185 feet in a southwesterly direction, running a distance of 500 feet in a southerly direction, running a distance of 35.29 feet in a southwesterly di- rection, running adistance of 206.71 feet in a south- easterly direction and running a distance of 240.70 feet in a southwesterly direction. Said parcel contains 21 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McCianan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 41 - Item III-G.6 PLANNING ITEM # 21797 W. Cason Barco represented the applicant. Pete Athans, resident, spoke in opposition. (Mr. Athans presented the City Council with a copy of a petition against building of any and all duplexes dated 15 April 1983. Said petition is hereby made a part of the record.) Upon motion by Councilman Kitchin, seconded by Vice Mayor Henley, City Council DENIED an ordinance upon application of RUBY C. BARCO for a Con- ditional Use Permit. ORDINANCE UPON APPLICATION OF RUBY C. BARCO FOR A CON- DITIONAL USE PERMIT FOR TWO DUPLEXES ordinance upon appiication of Ruby C. Barco for a Con- ditional Use Permit for two (2) duplexes on certain property located on the south side of 13th Street be- ginning at a point 175 feet west of Baltic Avenue, running a distance of 100 feet along the south side of 13th Street, running a distance of 140 feet along the western property line, running a distance of 50 feet in an easterly direction, running a distance of 91.99 feet in a southerly direction, running a distance of 74.73 feet along the north side of Lakewood Circle and running a distance of 176.45 feet along the eastern property line. Said parcel contains 17,424 square feet. VIRGINIA BEACH BOROUGH. Voting: 9-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech April 23, 1984 - 42 - Item III-G.7 PLANNING ITEM # 21798 City Council voted on April 9, 1984, to RESCHEDULE an Ordinance upon appli- of JOHN G. AND MARY WILLIAMS for a Change of Zoning District Classification from the City Council Meeting of April 23,1984 to the City Council Meeting of May 14, 1984. ORDINANCE UPON APPLICATION OF JOHN G. AND MARY WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-1 ordinance upon application of John G. and Mary Williams for a Change of Zoning District Classification from R-6 Resi- dential District to A-1 Apartment District on certain property beginning at a point 150 feet more or less south- west of the intersection of Holly Farms Drive and DeLaura Lane, running a distance of 2361.80 feet along the eastern property line, running a distance of 889.46 feet along the northern property line, running a distance of 605.74 feet in a southwesterly direction, running a distance of 500.52 feet in a southeasterly direction and running a distance of 1895.14 feet along the western property line. Said parcel contains 25 acres. BAYSIDE BOROUGH. (VOTE ON APRIL 9, 1984 TO RESCHEDULE WAS 8-2) April 23, 1984 - 43 - Item III-G.8 PLANNING ITEM # 21799 Linwood Lowe represented himself Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, City Council ADOPTED an Ordinance upon application of LINWOOD A. AND CONNIE C. LOWE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF LINV700D A. AND CONNIE C. LOWE FOR A CHANGE OF ZONING DISTRTCT CLASSIFICATION FROM A-1 to B-2 Z0484848 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Linwood A. and Connie C. Lowe for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on the east side of Fountain Drive, 300 feet north of Virginia Beach Boulevard on Lots 92 and 93, Maxey Manor. Parcel located at 400 Fountain Drive and contains 23,100 square feet. LYNNHAVEN BOROUGH Prior to the changing of the official zoning map, the following condition shall be met: A 10-foot dedication along the frontage on Fountain Drive, 25 feet from the centerline of the existing 40 foot right-of-way to provide for an ultimate 50-foot standard right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-third day of April, Nineteen Hundred and Eiqhty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: April 23, 1984 Nancy A. Creech - 44 - Item III-G.9 PLANNING ITEIII # 21800 Robert Galewski, representing the Nothwest Virginia Beach Civic League registered in favor of WITHDRAWAL, but did not speak. Charles M. Hodgman, Jr., representing self and the Northwest Virginia Beach Civic League, registered in favor of WITIIDRAWAL, bUt did not speak. john F. Bagley, representina Diamond Lake Estate Civic League, registered in favor of WITEDRAWAL, but did not speak. Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of C@IPUS EAST ASSOCIATES, INC., for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF CAMPUS EAST ASSOCIATES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Ordinance upon application of Campus East Associates, Inc. for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on certain property located at the northeast corner of Baker Road and Wesleyan Drive running a distance of 350 feet more or less along the north side of Wesleyan Drive, running a distance of 536.37 feet along the eastern property line, running a distance of 146.36 feet in a northwesterly di- rection, running a distance of 321.44 feet in a south- easterly direction, running a distance of 250 feet more or less in a southwesterly direction and running a dis- tance of 170 feet more or less along the east side of Baker Road. Said parcel contains 2.484 acres. BAYSIDE BOROUGH. Voti.ng: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 4 5 Item III-G.10 PLANNING ITEM 21801 A. S. Poole, President of the Witchduck Civic League, spoke in favor of the WITHDRAWAL of the Application. Raymond J. O'Malley, Thoroughgood Civic League, registered in favor of the WITHDRAWAL, but did not speak. John L. Perry, Citizens Advisory Cormnittee, registered in favor of the WITHDRAWAL, but did not speak. Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED WITHDRAWAL of an Ordinance upon application of the CITY OF VIRGINTA BEACH for a Change of Zoning per the followinq: ORDINANCE UPOP APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 TO R-8 Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification from R-4 Residential District to R-8 Residential District on certain property lo- cated 420 feet more or less north of Wishart Road beginning at a point 840 feet more or less east of Independence Boule- vard, running a distance of 103.41 feet in an easterly di- rection, running adistance of 248.86 feet in a northerly direction, running a distance of 20.93 feet in a westerly direction, running a distance of 160 feet in a northerly di- rection, running adistance of 120 feet in a westerly direction, running a distance of 590.33 feet in a northerly direction, running a distance of 156.36 feet in a westerly direction, running a distance of 498.50 feet in a northerly direction, running a distance of 259 feet in a northwesterly direction, running a distance of 1151.93 feet in a southwesterly di- rection, running adistance of 12.45 feet in a southeasterly direction, running a distance of 45 feet in a southwesterly direction, running a distance of 212 feet in a southeasterly direction, running a distance of 123 feet in a southwesterly direction, running a distance of 296 feet in a southeasterly direction and running a distance of 256.91 feet in a southerly direction. Said parcel contains 10.3 acres. BAYSIDE BOROUGH. Voting: 10-0 Council Members Votinq Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: April 23, 1984 Nancy A. Creech - 46 - Item III-G.11 PLANNING ITEM # 21802 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council APPROVED WITHDRAWAL of Ordinances to AMEND and REORDAIN the COMPREHENSIVE ZONING ORDINANCE per the following: (a) Article 1, Section 111 pertaining to athletic training camps. (b) Article 2, Part C pertaining to athletic training camps. (c) Article 4, Section 401(c) pertaining to athletic training camps in the AG-1 Agricultural District. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, II1, Reba S. McClanan, J. Henry McCoy, Jr., and Meyera E. Oberndorf Councii Members Voting Nay: None Council Members Absent: Nancy A. Creech April 23, 1984 - 46 a - A[I ORDI14ANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAI@II14G TO ATHLETIC TRAI14ING CAMPS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the C.Z.O. be amended and reordained in part as follows: Athletic iqned and operated for athletic ion of meals any basis for "m l@ye@s soever. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. April 23, 1984 - 46 b - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, PART C OF THE COMPREHENSIVE ZOR@ING ORDINANCE PERTAINING TO ATHLETIC TRAINING CAMPS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Part C, Conditional Uses and Structures, of the C.Z.O. be amended and reordained by adding the following: Sec. 223.5. Athletic trai CELM-P@. In addition to requirements attached as conditions of a use permit, fh-@f&-I-16Wi-nq-r--e-qu-ir-e-m--e-nt - h@al f-@e@t i@n -i7o hi@iC@f@ininq camps: s (a) There shall be a maximum of twenty 20) athlet s tr n@ed or -in @@id@nE@on the-it@e zFt any time; (b) The site shall be a minimum of ten (10) acres in size; (c) There shall be no speaker mechanisms or other mechanical s-6-u@C@ of nol se i 6 u e@n @@d areas (d) All outdoor lightinq shall be shielded and directe-d in S-uch a Aay as--fo-avoid-.nuisance ------e to nedrby residents or landowners. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. April 23, 1984 - 46 c - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401(c) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO ATHLETIC TRAINING CAMPS IN THE AG-1 AGRICULTURAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401(c), Conditional uses and structures, of the C.Z.O. be amended and reordained in part as follows : (c) Conditional uses and structures : Uses and structures hereinafter speci fied; subject to compliance with the provisions of Part C of Article 2 hereof: (3) Athl-et-i-c- -trainin-g-camp-s (4) @34 Borrow pit; (5) @44 Cemetery, columbarium, crematory, and mausoleum; (6) @64 Churches; (7) @64 Community centers; (8) @;@ Country inns; (9) @94 Drive-in theatres; (10) @94 Dwellings, single-family and duplex; (11) @494 Family care homes, foster homes or group homes; (12) k444 Fraternity and sorority houses , student dormitories and student centers ; provided that the same be located within a one mile radius of a college or university; (13) k424 Golf courses, including par 3, with a minimum area of ten (10) acres, and miniature golf courses; (14) @434 Home occupations , including those corfducted outside the principal structures; (15) k444 Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, day nurseries, other than those covered as permitted principal uses and structures hereinabove, when not operated by a public agency; (16) @464 Hospitals and sanitariums; April 23, 1984 - 46 d - 1 7 )kl64 Lodges for fraternal organizati ons (18) @4;4 Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel (19) k4g4 Monasteries and convents; (20) kl94 Museums and art galleries when not operated by a public agency; (21) @294 Private schools having academic curriculums similar to public schools; (22) k244 Public utility transformer stations and major transmission lines and towers (50,000 volts or more); (23) k22@ Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of city council (24) k234 Recreational campgrounds; (25) k244 Retail sales of garden supplies, equipment, and material , as a subsidiary use to a plant nursery; (26) @2S@ Riding academies, horses for hire or boarding; (27) @264 Shelter for farm employees; (28) @2@4 Storage, offices or maintenance installations for public utilities; (29) @2g@ Television or other broadcasting stations and line-of-sight relay devices. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. AS TO CONTENT YO T Y Al Y April 23, 1984 - 47 - Item III-H.1 APPOINTMENTS ITEM # 21803 By CONSENSUS, City Council RESCHEDULED Appointments of the following: COMMUNITY SERVICES BOARD April 23, 1984 - 48 - Item III-I.1 UNFINISHED BUSINESS ITEM # 21804 Aubrey V. Watts, Jr., Director of Public Utilities, spoke concerning "Proposed Sewers to Serve Non-Rural Zoning -- Nimmo Church to Pungo Area". (Copy of Memorandum from Aubrey V. Watts, Jr., to the City Manager Thomas H. Muehlenbeck is hereby made a part of the proceedings). Sheridan Barber, Red Mill Farm Civic Association, spoke in opposition. Rae H. LeSesne, Council of Civic Organizations, registered his oppo- sition, but did not speak. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council APPROVED, with reference to the UTILITY SERVICE EXTENSION POLICY, directing the City Staff to size the sewer line to serve the THREE OAKS PROJECT only. Voting: 9-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: J. Henry McCoy, Jr. Council Members Absent: Nancy A. Creech April 23, 1984 - 48 a C-it@ DEPARTMENT OF PUB@IC U71@'T@ES MUNICIPAI CENTER @IRGINIA DE.C@, VIRGINI@ 23156-9002 DATE: April-20,-1984 - TO: Thomas H. Muehlenbeek DEPARTMENT: Execu-ti-ve FROM: DEPARTMENT: Public Utilities SUBJECT: Proposed Sewers to Serve Non-Rural Zoning--Nimmo Church f6- Pu-ngo-- rea We have prepared cost estimates for providing coordinated force mains to serve tbis area. There are approximately 2400 acres currently zolled in various categories other than agricultural in the above referenced area (Attachment 1). We estimate that there could be approximately 7300 equivalent dwelling units at maximum development with present zoning. We Itave developed two options for providing force mains and puinping stations in this area. OI)tion "A" is to develop in accordance with tbe present City policy which would result in a coordinated system with City cost participation. option "B" is to allow tlie area to develop without ovc-rall utility coordination. In option "A" we applied tlie c()ncepts devc@loped for S@@ ri d b r i d gc I'lia -;(- I -This results in an c@stimat@d 11 pumping stati(ins and 48,000 f@c@t of force rllains- Capital costs wc)uld be approxiff@ately $2.8 inillion A,ith annual opurations and maintenance exp@nses of @100,000. In Option "B" we a@sum@d tilat tlle area w,)uld develop in a m;iriner similar to whic,-b would r(?SLIlt in 17 puiipirig ,tatior)s :ind (ii,ooo f(,et of force. rrl,,Iin--. C,,Ipital c@osts are (@sti,-,,ited at @'3.5 ir)illion and aiinual op@rations and naintetiance at $150,000 (.@@t,tactimc-nt 2). The cost of the Optic)n "B" s@,st(--m, tisirig tbe preserit wurth value of tlie diff(2rc,nce in opurations and maintnarice costs and captial costs, is approxiinately 40@@ greater than tbe cost of option "A". Contiection fees, based on developer fees only, would result in estimated sewer revenues of $1.4 million +/-. 'We also have estiinated differential costs of City participation to serve the Three Oaks and the Fox Fire projects. Assuming tliat dev(-,Iopiiient would leap frog, and that we April 23, 1984 - 48 b - Thomas H. Muehlenbeck April 20, 1984 Page 2 would use a coordinated approach, estimated differential costs for Three Oaks are $65,000 and for Fox Fire, $70,000. We estimate that differential costs to serve the entire area, again assuming leap frog development, are $260,000 (Attachment 2). Depending upon how development actually occurs, these costs could be substantially different. cp Attachments April 23, 1984 - 48 c - PROPOSED SEWERS TO SERVE NON-RURAL ZONING NIMMO CHURCH TO PUNGO AREA Zoning and-Unit--Development Dwelling Units Category Acres (Equivalent) R3 1,686 2,866 R4 25 55 R5 132 395 R8 263 1,578 A-1 150 1,804 B-2 41 555 E 1-2 126 50 (1) TOTAL 2,423 7,303 (1) City Shops K14(4) Attachment 1 April 23, 1984 - 48 d - PROPOSED SEWERS TO SERVE NON-RURAL ZONING NIMMO CHURCH TO PUNGO AREA Es-timated Facilities & Costs Ite.m Option A Option B No. of Pumping Stations 11 17 No. Feet of Force Main 48,000 63,000 Capital Costs $2,800,000.00 $3,500,000.00 Operating Cost per Year $100,000.00 $150,000.00 - ------------ ------ ------- - ----- ----- ------------ -------------- - - ------------- - Tlire-e--Oaks--.------- -Fox--Fi-re ------- Enti-re--A-rea No. of Dwelling Units 170 824 7,300 Fees @$195 $33,150.00 $160,680.00 $1,423,500.00 Differential Cost to City Option A $65,000.00 $70,000.00 $260,000.00 Advantage to City of Option A Estimated at 40'x Plus K14(4) Attachment 2 April 23, 1984 - 49 - Item III-I.I.a UNFINISHED BUSINESS ADD ON ITF-M # 21805 Upon motion by Councilman Baum, seconded by Councilman Jones, City Council DIRECTED the Staff NOT TO APPROVE the applications received in the areas of concern (Nimmo Church - Pungo/Blackwater Boroughs), with regard to the UTILITY SERVICE EXTENSION POLICY, for sixty (60) days until the City has time to review the COMPREHENSIVE PLAN; and, that the Planning Department continue to study these areas and schedule a joint meeting with the City Council and the Planning commission. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, and J. Henry McCoy, Jr. April 23, 1984 - 50 - Item III-J.1 NEW BUSINESS ITEM # 21806 A motion was made by Councilman Jennings, seconded by Councilman Jones to schedule advertising for a PUBLIC HFARING at the City Council Meetinq of May 14, 1984, to amend an ordinance to delete a condition of a Conditional Use Permit of NATIONAL CHILD CARE CENTER (Approved by City Council on January 9, 1984). This requirement was the "Installation of an automatic sprinkler system meeting the approval of the City Fire Protection Engineer". Letter from Keith A. Slicer, P.E., of Mickiewicz-Robertson and Associates, Ltd., dated March 28, 1984 requesting deletion of the above condition, is hereby made a part of the record.) Voting: 3-6 (MOTION TO APPROVE LOST) Council Members Voting Aye: H. Jack Jennings, Jr., Robert G. Jones, and W. H. Kitchin, III. Council Members Voting Nay: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech, and J. Henry McCoy, Jr. THE MOTION TO APPROVE WAS DEFEATED BY A VOTE OF 3 to 6. April 23, 1984 Item III-K.1 ADJOURNMENT ITEM 21807 Upon motion by Vice Mayor Henley, City Coui@cil ADJOURNED the meeting at 8:45 p.m. e,e, 0. Hooks Deputy City Clerk Rut@Hodges Smieh, CMC Mayor @ouis R. nes City Clerk City of Virginia Beach Virginia /bh