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FEBRUARY 13, 1984 MINUTES Oit@<:)f N7i-c@i@iEA E-3@@@@ "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL @@IA)'QR LOIIIS R. 10,VES, B ... id@ VICE-MAYOR 13ARliARA M. IIENLEY, P..g. 13.,@.gb JO/f,N A. liati@l, B@,,..gh NANCY A. CREECII, A, L.,g@ IfAROLI) IIEISCIIOBER, A, L.,g, Ii. JACW]f--NNIN(;S, JR., l.y.,,b..@@ B.,,,.gh R014ERT G. ]ONES, At L,,,g, W. ii. K[7('111,N, Ill, 13 ... h REBA S. @1,CLAVA,14, ll,i@.... A,,,,@ li,,,@.gh 1. tiEVRY %I,(:OY, JR., K@.p,.ill, 2!2 C/7-Y IIALL IIUILDING AIEI'ERA E. OIJERNDORF, Al L.,g, CENTEI@ VIR(;INIA 13EACII, VIRGINIA 1345,i kUT11 IIQD(;L:S SAIITII, Ct]C. Cily Cillk (804) 427-4 303 CITY COUNCIL AGENDA February 13, 1984 ITEM 1. INFORMAL SESSION: 12:30 p.m- A. CALL TO ORDER Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Comprehensive Plan Update: Discussion. 2. Request By M. A. LaGigl ia, Jr. of Beach Recreation, Inc., @or Expedition of Use Permit Appl ication -or Hydra Tube at Southeast Corner of Pacific Tvenue aiid 22nd Street: Discussion. 3. Review of Consent Agenda. ITEM 11. FORMAL SESSION: 2:00 p.m- A. INVOCATION: Reverend Ernest Lewis, Pastor First Church of the Nazarene B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED S'-ATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of Febrijary 6, 1984. E. PRESENTATIONS 1. Resolutions of Appreciation: a. Leon R. Johnson - Mosquito Control Commission F. PUBLIC HEARING 1. Amend and Reordain Section 6.05.1 of the Charter of the City of Virginia Beach re Authority for issuance of bonds or refunding bonds in such amounts as shall (lot increase the total indebtedness. G. RESOLUTIONS 1. Amend and Reordain Section 6.05.1 of the Charter of the City of Virginia Beach re Authority for issuance of bonds or refunding bonds in such amounts as shall not increase the total indebtedness. 2. Resolution directing the City Manager to proceed wit@l the implementation of the Lake Gaston Project. H. ORDINANCE 1. Ordinance establishing the Service Areas C)f the Sandbr'idge Sewer Project and Authorizing the Construction of Phase 1. a. Letter from the City Manager transmits the recommendation for approval and direction to staff to develop the necessary City cost participation. 1. CONSENT AGENDA All matters list(-,d under the Consent Agenda are considered in the ordinary course of business by City Couicil and will be enacted by one motion in the form listed. There wi I I be'no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agerida and considered separately. 1. Resolution of Appreciation: a. Leon R. Johnson - Mosquito Control Commission 2. Resolution in support of the National League of Cities efforts to achieve reasonable cable legislation (H.R. 4103). 3. Ordinance, on SECOND READING, to appropriat(@ funds of $9,525 and transfer funds of $43,000 for communications equipment for the Police Department. 4. Ordinance, on SECOND READING, to approl)riate funds of $65,000 to the Public Utilities for additional capital outlay. 5. Ordinance, on SECOND READING, amending an or-dinance entitled "An Ordinance Authorizing the Issuance of Ptiblic Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $19,570,000". 6. Ordinance, on FIRST READING, to decrease th(@ Pendleton Child Service Center Appropriation and Revenues bv $78,543. 1 7. Ordinance, on FIRST READING, to reduce appropriations to the Library Department and Estimated Revc@nues from the Commonwealth by $2,657. 8. Financial proposals have been received for assets totalling $2,620,722 for the Fire Department and General Services. Southern National Leasing offers the best interest rates. Authorizatioii is requested by the City Mana,)er to enter into the necessary agreements for the implem@ntation of the project. 9. Ordinance authorizing certain events conducted on City Property to be exempt from the prohibition from working or transacting business on Sunday. 10. Ordinance appointing Viewers in the petition of Richard F. and Margaret Day Welton and James L. and F'atricia H. Bevan for the closure of a portion of Wythe Lane' (Lynnhaven Borough). 11. Ordinance, appointing Viewers in the petition of The Sandcastle Motel for the closure of a porti@Dn of 14th Street (Virginia Beach Borough). 12. Tax Refunds: $1,216.47 J. PLANNING 1. Application of William J. Greene for a variance to Sections 4.4(b) and (c) of the Subdivision Ordinance. This property is located at the northwest corner of Bonneydale Road and Olive Road (Kempsville Road). a. Letter of the City Manager transmits tile recommendation of the Planiiing Commission to allow withdrawal of this request. 2. Application of Firestone Tire and Rubber- Company for a conditional use permit for an auto repair establishment (New Sales and Service Store) on a 1.051-acr2 parcel located along the south side of Holland Road, west of Rosemont Road (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of A. T. Williams Oil Company, Inc., for a conditional use permit for a gas station in conjunction with a convenience store on a 25,265-square foot parcel located at the northeast corner of Indian River Road and Depositor Lane (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 4 - Appl ication of Robert N. and Nancy W. Wel ler and Frederick Kirshman t/a LMG Enterprises for a conditional use permit for a car wash on a 36,416-square foot parcel @located along the north side of Holland Road, west of Taft Avenue (Kempsville Borough). a. Letter of the City Manager transmits ttie recommendation of the Planning Commission for approval. 5. Application of Williams Corporation of Virginia for a conditional use permit for a borrow pit on a 16.11-acre parcel located along the north side of Kemp!sville Road, west of Centerville Turnpike (Kempsville Borough). a. Letter of the City Manager transmits tlie recommendation of the Planning Commission for approval. 6. Appl ication of R. G. Moore for a conditioneil use permit for open space promotion on a 69.02-acre parcel located along the west side of Salem Road, south of Elbow Road (Kempsville Borough). a. Letter of the City Manager transmits tlie recommendation of the Planning Commission for approval. 7. Appl ication of C. Clark Laster, I I 1, Trustee of a Virginia Land Trust, for a change of zoniD2 from R-8 Residential district to B-2 Community-Business Distri(,t on an 18,263- square foot parcel located along the sout.1) side ot Indian River Road, east of Ferry Point Road (Kempsville Borough). a. Letter of the City Manager transmits tie recommendation of the Planning Commission for denial. 8. Appl ication of Virginia Beach Holding Corporation for a change of zoning from R-6 Residential District to B-2 Community-Business District on a 7,742 scuare foot parcel I ocated a I ong the west s 1 de of Euc I i d Road, south of K i owa Lane (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of Martin K. Salasky for a change of zoning from R-8 Residential District to B-2 Community-Business District upon a 7.282-acre parcel located along trie south side of Kempsville Road, west of Centerville Turiipike (Kempsville Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 10. Appl ications of Salem Meadows Associates for a changes of zoning on a 77.7-acre parcel along the south side of Recreation Drive, west of Salem Road (Kempsville Borough)., a. From R-5 Residential District to R-8 Residential District; AND, b. From R-8 Residential District to PD-H2 Planned Unit Development District. Letter from the City Manager transmits the recommendations of the Planning Commission for denial. 11 Proposal to amend Section 713 of the Comprehensive Zoning Ordinance pertaining to maximum density ratings in the H-2 Resort Hotel District. a. Letter from the City Manager r,-commenjs that this matter be referred to the Planning Commission. K. APPOINTMENTS: 1. Atlantic Avenue Beautification Advisory Cominittee L. UNFINISHED BUSINESS 1. Automated Office Systems 2. Community Services Board Task Force M. NEW BUSINESS 1. Expedite: Use Permit upon application by Beach Recreation, Inc. N. ADJOURNMENT 1. Motion to adjourn. February 20, 1984 LEGAL HOLIDAY City Council Meeting of February 20, 1984 C A N C E L L E D M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 13, 1984 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, February 13, 1984, at Twelve Thirty-Four in the afternoon. 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, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech*, Robert G. Jones* Note: Councilwoman Creech entered the meeting at 12:50 p.m. Councilman Jones entered the meeting at 12:54 p.m. February 13, 1984 - 2 - ITEM # 21370 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, proniotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Vice Mayor Henley, seconded by Councilman Robert Jones, City Council voted to proceed into the EXECUTIVE SESSION following the INFO@IAL SESSION. Voting; 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, ITT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Robert G. Jones February 13, 1984 - 3 - M A T T E R S B Y M A Y 0 R/V I C E M A Y 0 R JOAN M. KEITH DEPUTY CITY CLERK ITEM # 21371 Mayor Jones expressed appreciation for the services of Mrs. Joan M. Keith as Deputy City Clerk and wished her success in her new position with Landscaping. He acknowledged with appreciation the accurate records of City Council during Mrs. Keith's tenure and her responsibility for the Minutes of the Governing Body. BAYSIDE BOROUGH RECREATION CENTER ITEM # 21372 Mayor Jones requested City Manager Thomas H. Muehlenbeck to ascertain whether a Recreation Center could be justified for the Bayside Borough. This request was the result of numerous telephone calls to the Mayor requesting same. FALSE CAPE TASK FORCE ITEM # 21373 Vice Mayor Henley expressed concern that legislation which is now in the General Assembly does not reflect specific limitations and management standards as recommended by the Governor's Back Bay Task Force concerning the development of the Park. Mayor Henley made reference to a letter from Dr. W. J.Price to Delegate Owen Pickett, indicating his displeasure with the Back Bay Agreement stating that the seasonal limitation was not included and all Task Force recommendations were disregarded. Same was distributed to all Council Members as well as a copy of the letter from Amos S. Eno, Director - Wildlife Programs, to Dr. Betty J. Diener, Secretary of Commerce and Resources, indicating his displeasure with the Agreement. Senate Bill No. 359 (Proposed by the Senate Committee on Privileges and Elections on February 7, 1984) was also distributed. Said letters are hereby made a part of the record.(See Item II-M.3 of the Formal Agenda.) February 13, 1984 - 4 - M A T T E R S B Y C 0 D N C I L TRAFFIC PATTERNS: ATLANTIC AVENUE ITEM # 21374 Councilman Kitchin suggested a survey be conducted in appropriate City Departments (i.e., Traffic, Police as well as the Tourist Bureau, Retail Merchants, Innkeepers and Restaurant Owners), concerning leaving the traffic patterns on Atlanti-c Avenue as is for the summer on a trial basis. WATER DEMANDS/ INCREASED DENSITY ITEM # 21375 In response to an inquiry by Councilman Kitchin concerning water demands and the increased density in the north end of Virginia Beach, Mr. Aubrey Watts, Director of Public Works, stated a report will be available the latter part of February 1984. FRANCES LAND HOUSE ITEM # 21376 As a result of the suggestions of Mr. Donald Frazier, who was in attendance, Councilman Jennings requested the City Manager and staff appraise the proposed use of the FRANCES LAND HOUSE as an "Official City Residence" or a "showplace" in which all citizens could take pride in its furnishings of the Colonial period. RULES OF PROCEDURE ITEM # 21377 Councilman Jennings suggested that these International Institute of Municipal Clerks' proposed "RULES OF PROCEDURE" be placed on a future INFORMAL SESSION for more discussion as to what will be acceptable,and what modifications are necessary. Mayor Jones requested Councilman Jennings to specifically identify in a letter to all Members of Council his concerns so they may be better pre- pared to address this issue. UNFINISHED BUSINESS AUTOMATED OFFICE SYSTEMS ITEM # 21378 Counci.lman Jones requested DEFERRAL (See Formal Agenda Item #II L.1) of the Automated Office Systems matter. February 13, 1984 - 5 - M A T T E R S B Y C I T Y M A N A C E R COMPREHENSIVE PLAN UPDATE ITEM # 21379 Planning Director Robert J. Scott presented the Comprehensive Plan Update. Approximately a year ago, the Planning Department began "updating the Comprehensive Plan, basically along the lines of its existing PLAN a review of the PLAN that would be very similar to the PLAN now in effect. The present PLAN proposes certain densities of development based on the three key constraints of environmental impact, neighborhood compatibility and facility adequacy. The present PLAN also establishes a line that separates the growing areas from the more stable areas of the City; and, probably assumes that development of dwelling units and other uses within the City by the private sector and facility improvement by the public sector will be basically keeping up with one another at an acceptable pace. This assumption is built into the present Comprehensive Plan. Mr. Scott advised the four (4) reasons for "updating" the PLAN were as follows: (1) A meeting was held jointly between the Planning Commission and City Council and a zoning boundary line was discussed. Alternatives would be viewed in terms of increasing density and justifying any such move of that LINE in the future. (2) The need for a stronger relationship between the Com- prehensive Plan and the Capital Improvement Program. Improvement of Public and Private properties go "hand in hand". (3) Request made by City Council to incorporate a "fiscal impact analysis" into the Comprehensive Plan. (4) Ability to computerize data into the Comprehensive Plan. Two memorandums were distributed to Members of City Council outlining the four phases involved in the Department of Planning's work on the Comprehensive Plan in conjunction with Council and the Planning Commission, and seventeen (17) topics of concern to be addressed while "updating" the PLAN. Mr. Scott advised that, depending on the levels of input from the Planning Connnission and City Council, Phase Three and Four should be completed in approximately 120 days. A PUBLIC HEARING was requested to give citizens an opportunity to have a voice in the PLAN. Council requested guidelines for determining the City's legal position in terms of zoning. Expansion of Code Section 220 was requested. This would give the City the right to revoke a Conditional Use Permit if it becomes incompatible with the intent of its issuance. By CONSENSUS a WORKSHOP was scheduled for February 23, 1984 at 7:00 P.M. February 13, 1984 - 6 - M A T T E R S B Y C I T Y M A N A G E R (continued) BEACH RECREATION,INC. ITEM # 21380 The City Manager requested EXPEDITION of the Conditional Use Permit applica- tion in behalf of Beach Recreation, Inc. from the Planning Commission on March 13, 1984 to City Council on March 19, 1984. (See Item No. TI.M.I. of the Formal Agenda). CONSENT AGENDA ITEM # 21381 Councilman Heischober requested the Resolution in support of the National League of Cities' efforts to achieve reasonable cable legislation (H.R.4103), be pulled for further discussion. (See Item No. II.I.2. of the Formal Agenda). VIEWERS/SANDCASTLE MOTEL ITEM # 21382 Councilman Kitchin expressed concern on whether part of the application of Sandcastle Motel, in the Ordinance appointing Viewers for the closure of a portion of 14th Street, includes a request to relocate.(See Item No. II.I.11 of the Formal Agenda). PENDLETON CHILD SERVICE CENTER ITEM # 21383 Councilman Jennings expressed regret at decreasing funding of the Pendleton Child Service Center (See Item No. 11.1.6 of the Formal Agenda). City Manager Muehlenbeck advised that both Cheryl Johnson and Dr. E. E. Brickell had been contacted and in effect we are only looking at a decrease of $28,000. Councilman Jennings requested that this Item be pulled for a separate vote and DEFERRED for two weeks. February 13, 1984 - 7 - RECESS INTO EXECUTIVE SESSION ITEM # 21384 City Council recessed into EXECUTIVE SESSION at One Forty-five in the afternoon. - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Feburary 13, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., 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: Robert G. Jones INVOCATION; City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 13, 1984 9 Item II-D.1 MINUTES ITEM 21385 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of February 6, 1984, with corrections as follows: Page 53 Item #21363 (application of Landstown Meadows Associates for a Change of Zoning from AG-1 to R-8) ADD after the word "following" in the second paragraph, third line a new sentence: The Applicant agreed to build in accor- dance with the limitations stated in the previous application of September 26,1983. (See Item #20658 of the Minutes of September 26, 1983) AND, Correction noted in October 3, 1983 Minutes, Item # 20691: 4 units per acre 5000 square feet minimum lots no "O" lot lines 35 foot height limitation Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones February 13, 1984 - 10 - Item II-E.1 PRESENTATION ITEM # 21386 Mayor Jones presented a RESOLUTION OF APPRECIATION to: LEON R. JOHNSON . . . . . . . . Mosquito Control Commission February 13, 1984 Item II-F.1 PUBLIC HEARING ITEM 21387 Mayor Jones declared a Public Hearing on the following: AMEND AND REORDAIN SECTION 6.05.1 OF THE CHARTER OF THE CITY OF VIRGINIA BEACH RE AUTHORITY FOR ISSUANCE OF BONDS OR REFUNDING BONDS IN SUCH AMOUNTS AS SIIALL NOT INCREASE THE TOTAL INDEBTEDNESS. John Moss of 501 General Gage Road, concerned citizen, spoke in opposition. (Public Notice appearing in Virginian Pilot and Ledger Star hereby made a part of the proceedings) Mayor Jones declared the Public Hearing closed. (See Item TI-G.1) February 13, 1984 itate of Virgini*a to-.it AFFIDAVIT City of Norfolk This day A SIMER personolly pppeored before me and after being duly sworn made oath that: (1) (He) (She) is offidavit clerk of VTRRTNT a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginio Beach, Stote of Virginio; (2) That the advertisement hereto annexed of newspaper on the following dotes: has been published in said I/,. 19 AFFI Subscribed and sworn to 6efore me in my city and staft- aforesaid this Lh day of 19 My commission expires 734 19- TARY PUBLIC C AM* ,r." c I .Ilfk February 13, 1984 2., c,, - 12 - Item II-G.l. RESOLUTION ITEM # 21388 Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council ADOPTED a Resolution to Arnend and Reordain Section 6.05.1 of the Charter of the City of Virginia Beach re Authority for issuance of bonds or refunding bonds in such amounts as shall not increase the total indebtedness The purpose of this Charter change is not to increase the bonded indebtedness of the City of Virginia Beach. The purpose of this Charter change is, in fact, to reduce the debt of the City of Virginia Beach when it would be appropriate for the City to refund and reissue bonds at an interest rate far less than the interest rate at which these bonds were then on the market. A Public Hearing was held this date on this matter. (Letter of February 9, 1984 from Bond Counsellors, Hunton and Williams, is hereby made a part of the record as well as letter dated February 13, 1984 to Delegate Owen B. Pickett from J. Dale Bimson, City Attorney, enclosing copies of this Resolution) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IlI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent-. None February 13, 1984 - 12a - The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 13th day of February , 1984. On motion by Counci@ Heischober and seconded by Councihtan esolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Charter of the City of Virginia Beach provides the purpose for which bonds or notes may be issued and provides the authority for issuance of bonds; and WHEREAS, it appears to be in the best interest of the City of Virginia Beach that Section 6.05 be amended. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia; that 1. Section 6.05.1 of the Charter of the City of Virginia Beach, Virginia be amended to read as follows: Section 6.05.1. Authority for issuance of bonds. -- No bonds of the city shall be issued until their issuance shall have been authorized by an ordinance adopted by the affirmative vote of two-thirds of all members of the council and approved by the affirmative vote of a majority of the qualified voters of the city voting on the question at an election called and held for the purpose in the manner provided by law for submitting any question or proposition to the voters; provided that bonds and other obligations shall not be subject to the foregoing requirements if they are (a) of a type excluded from the computation of indebtedness of cities and towns under Section 10(a) of Article VII of the Constitution and are authorized and issued so as to satisfy the conditions for exclusion set forth therein, or (b) refunding bonds; provided, further, that the council may, without submitting the question of their issuance to the qualified voters, issue bonds or other obligations in any calendar year for any proper purpose in such amounts as shall not increase the total indebtedness of the city, as determined in the manner set forth in Section 10(a) of Article VII, by more than ten million dollars above the amount of such indebtedness at the February 13, 1984 - 12b - beginning of such calendar year. For the purposes of this paragraph the terms "bonds," "other obligations" and "indebtedness" shall not include contractual obligations of the city other than bonds and notes. For purposes of determininq the amount of bonds or other obligations computing-the-annual other-obligations that may be issued in any calendar year without a referendum an election, there shall not be included (i) bonds or other obliqations that were approved at an election and (ii) refunding bonds, in each case issued in such year. Authorized anel dnissued bonds or other obligations which could have been issued without a referendum an election on December thirty-one in the year they were authorized may be issued in any subsequent year without affecting the annual limitation for such subsequent year. The total indebtedness of the city as determined in accordance with the provisions of Article VII, Section 10 of the Constitution shall not at any time exceed ten per centum of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes, nor shall the limitations imposed by the preceding paragraph on the issuance of bonds or other obligations in any calendar year without a referendum be increased, until after such questions shall have been submitted to the voters of the city in a referendum held pursuant to Section 3.09 of this Charter. 2. A public hearing on the proposed Charter amendment shall be held at 2:00 p.m., on February 13, 1984, pursuant to Section 15.1-835 of the Code of Virginia of 1950, as amended. 3. The City Clerk is hereby authorized and directed to give public notice of such public hearing pursuant to Section 15.1-835 at least ten days prior to such hearing. Adopted by the Council of the City of Virginia Beach, Virginia this 13th day of Pebruary 1984. JDB/sm 1/4/8 4 2/9/8 4 (RES. 4) February 13, 1984 - 13 - Item II-G.2. RESOLUTION ITEM # 21389 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution directing the City Manager to proceed with the implementation of the Lake Gaston Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 13a - A Resolution Directing the City Manager and His Staff to Proceed With the Lake Gaston Project WHEREAS, the City of Virginia Beach, the State Water Control Board and the Southeastern Public Service Authority have all determined that the Lake Gaston project is the best solution to the water supply shortage that is projected to occur in southeast Virginia and Virginia Beach; and WHEREAS, the City of Virginia Beach has applied for and received permits from the State Water Control Board, the Virginia Marine Resources Commission and the Corps of Engineers authorizing the City to construct the Lake Gaston Project; and WHEREAS, the City of Virginia Beach has negotiated and executed a contract for the reallocation of 10,200 acre-feet of storage from power supply to water supply in John H. Kerr Reservoir, and WHEREAS, the City Manager and staff have prepared a schedule of activities required to complete the Lake Gaston Project through the Design Phase, including the necessary expenditures, thereof. NOW, THEREFORE, BE IT HEREBY RESOLVED: That the City Manager and staff are directed to proceed with the implementation of the Lake Gaston Project up to and including the Final Design Phase subject to the availability of funds in current and future Capital Improvement Programs approved by the City Council of Virginia Beach. February 13, 1984 - 13b REQUEST FOR QUALIFICATIONS Project: Lake Gaston Water Supply Project Services Required: The City of Virginia Beach wishes to engage the services of a qualified professional engineering firm to assist in the design and management of the Lake Gaston project. This project is a modified version of the plan previously advanced by the Norfolk District Corps of Engineers. Services will include preliminary engineering for the intake structure, a number of water pump stations, 85+/- miles of 42 to 60-inch transmission line, and the interconnect to the Norfolk raw water system. Services will also include the management and coordination of a number of additional engineering firms for final design and construction-related services. Selection of these final design firms will be coordinated by the engineering firm but subject to review and approval of the City. The design and construction of the project is expected to require about seven years. Qualification Requirements: A statement of interest shall include, but not necessarily be limited to, a cone-ise description of directly relevant experience in hydraulics, intake and pump station design, large diameter pipeline projects, and major construction management experience. Indicate where key personnel to be assigned have made significant contributions to experience cited and include short resumes. Documentation submitted should be limited to ELpproximately 10 or 20 double-spaced typed pages and include a summary of the firm's available resources, such as Standard Qualification forms 254 and 255 or equivalent. Selection Process: After review of qualifications from those firms that make responsible submittals, four or five firms will be invited for an interview with the City's Architect and Engineer Selection Coininittee. Interested firms should submit seven copies of a statement of interest and qualifications to Thomas M. Leahy, III, P.E., Department of Public Utilities, Municipal Center, Virginia Beach, Virginia 23456 no later than February 21, 1984. February 13, 1984 - 14 - Item II-H.1 ORDINANCE ITEM # 21390 VICE MAYOR BARBARA M. HENLEY PRESIDING. Maxine C. Graham, Sandbridge Beach resident, spoke in favor of the Ordinance and presented petitions which are hereby made a part of the record. Rae LeSesne, of the Council of Civic Organizations, spoke in opposition. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council DEFERRED for two weeks (to February 27, 1984) an Ordinance establishing the Service Areas of the Sandbridge Sewer Project and authorizing the construction of Phase I. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 -14a- AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF PHASE I WHEREAS, on April 26, 1982, City Council of the City of Virginia Beach adopted Resolution No. R-82-755, setting forth the policy of the City of Virginia Beach to extend public water and sewer service into unserved areas when potential health or safety hazards exist; and WHEREAS, in response to potential health or safety hazards, the Public Utilities Department has designed service areas for a project known as the Sandbridge Sewer Project (the "Project"); and WHEREAS, the sewer force main for the Project is sized to serve only the Phase I and Phase II areas as designated on that certain map entitled "SANDBRIDGE SEWER 6-931 PHASE I & II SERVICE AREAS", dated February 2, 1984 and designated EXHIBIT A, a copy of which is attached hereto and hereinafter referred to as the "Service Areas Map"; and WHEREAS, City Council has determined that a force main no greater than 36 inches should be constructed from Nimmo Church area to Atwoodtown Road to serve the Phase I area and that Phase II of the Project should not be constructed at this time; and WHEREAS, it is City Council's express intent that the Project shall only service areas designated as Phase I and Phase II on the Service Areas Map as they are zoned or as designated in the Comprehensive Plan as of the date of this Ordinance; whichever provides the greatest impact on the sanitary sewerage system; and WHEREAS, it is anticipated that the costs of construction of the force main to serve Phase I will be shared between the City of Virginia Beach and the developers of the property within Phase I. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the service areas for Phase I and Phase II, as shown on the Service Areas idap, are hereby established; that the sewer force main for the Project shall be sized at no greater tban 36 inches and shall serve only the Phase I and Phase II service 4 -14b- areas; that the sewer force main for Phase I of the Project shall be constructed as soon as reasonably practicable, with the City providing the differential cost funding for the force main to serve Phase I and Phase II; and that Phase II of the Project shall not be funded or constructed at this time. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. JDB/da MISC. 1 1/13/84 2/1/84 2/9/84 APPROVED '-IS i@ Si,@; I@TUR APPROVED A,-- T" @//t@ q, -("k, SIGNAT,j @ CITY A-@TOR.N-.Y Pebruary 13, 1984 i4ASF- 4it ir 4t 41* P14AS F- SF-PVICE.'- AR riimocl P14@@ S@vlc-F- [)'PAF F- Pueuc, U-,r iL-i-rlF= - 15 - Item II-I. CONSENT AGENDA ITEM # 21391 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED, in ONE MOTTON, Items 1, 3, 4, 5, 7, 8, 9, 10, 11, and 12 of the CONSENT AGENDA. Items 2 and 6 were voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,*W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 - 16 - Item II-I. I CONSENT AGENDA ITM # 21392 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED a RESOLUTION OF APPRECIATION to: LEON R. JOHNSON . . . . . . . . . Mosquito Control Commission (This Resolution was DEFERRED on February 6, 1984 as Mr. Johnson was ill) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesp W. H. Kitchin, Ill, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. February 13, 1984 *Verbal aye. -16a- RESOLUTION OF APPRECIATION TO LEON R. JOHNSON WHEREAS: Leon R. Johnson was first appointed a member of the Mosquito Control Commission on March 8, 1971, 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 incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully 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 LEON R. JOHNSON BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred Eighty-Four. Civen under my hand and seal, Mayor February 13, 1984 1 7 Item II-I.2 CONSENT AGENDA ITEM 21393 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED a Resolution in support of the National League of Cities efforts to achieve reasonable cable legislation (H.R. 4103). Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr., W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Absent: None February 13, 1984 -17a- R E S 0 L U T I 0 N WHEREAS, provision of cable television service has proven to be a valuable service to the citizens of the City of Virginia Beach, Virginia, and holds great promise to all cities in the United States; and WHEREAS, the City of Virginia Beach has had the responsibility for franchising cable television systems in Virginia Beach and for overseeing the implementation of those franchises once awarded; and WHEREAS, the presence of a strong local government role in the overseeing of franchise agreements has worked to ensure that contractual obligations are carried out and the public interest served; and WHEREAS, since 1981, the National Munici olic of the National League of Cities has called for the pursuit of federal cable television legislation which protects local regulatory authority; and WHEREAS, the National League of Cities has provided valuable leadership in developing such legislation; and WHEREAS, the U. S. House of Representatives has been deliberating on federal cable television legislation; and WHEREAS, the City of Virginia Beach and the National League of Cities recognizes that since the U. S. Senate adopted S. 66, circumstances have changed due in part to the complexity of the legislative agenda involving telephone deregulation as well as to rapidly developing technology in the field of telecommunications; NOW, THEREFORE, BE IT RESOLVED that the City of Virginia Beach joins with the National League of Cities to continue its efforts to achieve cable legislation, consistent with the following goals: - that local and state governments not be limited in their option to negotiate the definition of basic services and to regulate the rates charged by cable television companies for basic service, should they believe it to be in the public interest; - that at the time of franchise renewal, cities be able to obtain reasonable upgrades of system hardware to "state- of-the-art" standards; be able to refuse renewal to an operator which has given poor service during the life of the franchise; be able to negotiate the purchase price of a cable franchise when a municipality buys back a cable system or the system is transferred to a third party through a forced sale; and that any court review will not be de novo and court review of renewal or non-renewal decisions -Ge the same as that accorded other legislative decisions; February 13, 1984 -17b- - that all existing franchises and their terms and conditions and all franchise processes in which a Request for Proposals has been issued be grandfathered; - that the legislation protect cities from antitrust liability for compliance with federal law; - that any limitation on franchise fees not apply to fees, charges and taxes charged to or through a cable operator as part of a larger class, for example, utility user taxes; - that federal cable legislation not restrict the ability of cities to require public, educational, governmental and leased access to cable television; - that cable companies not be provided with the power to abrogate contractual obligations based on a unilateral assertion of a "significant change in circumstances;" and - that local government not be restricted from municipal ownership and operation. February 13, 1984 - 18 - Item II-1.3 CONSENT AGENDA ITEM # 21394 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of $9,525 and transfer funds of $43,000 for communications equipment for the Police Department. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonest W. H. Kitchin, ITI, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -18a- AN ORDINANCE TO APPROIII,T,,kt,l, FUNDS OF $9,525 AND TRANSI@'l@'ll FUNDS OF !;43,000 FOR CO@IM[JNICATIC)Ns EQUIP@IENT FOR TIIE POLICE DEPARTMENT WHEREAS, in the FY 83-84 btdget the Police Department received approval to modify existing radio equipment for a new detective frequency, and WHEREAS, Motorola has proposed to replace the old radio equipment with new 9-channel radios and allow a trad,-in f $381.00 for each of the old radios totaling $9,525, and WHEREAS, the Police Department desires to obtain this new system at a total cost of $52,525 with funding from the proposed sale of salvage and a transfer of S43,000 within its budget of funds originally designated for the modifications, and WHEREAS, new equipment will provide much better communications for the proposed detective mobile system and will allow for future expansion or frequencies, NOW, THEREFORE, BE IT ORDAINED BY TBF COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $43,000 are hereby transferred within the Police Department budget from maintenance and repair accounts to capital outlay, and that additional funds of $9,525 are hereby appropriated to the Police I)epartment, for the purchase of communica.tions equipment for the detective mobile system. BE IT FURTIIER ORDAINED that the additional appropriation be financed by an increase of $9,525 in estimated revenue from the use or monoy and propcrty. Adopt(ld by th(, Coijn(@,ii Of t,h(@ City of Virginia Beach, Virginia on the 13th day of February 19 84 Public Hearing: February 6, 1984 First Reading.. Fel),Liary 6, 1984 Second Reading: Feb@ 13, 1984 February 13, 1984 - 19 - Item II-I.4 CONSENT AGENDA ITEM # 21395 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of $65,000 to the P.blic Utilities Department for additional capital outlay. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesl W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -19a- AN ORDINANCE TO APPROPRIATE FUNDS OF $65,000 TO THE DEPARTMENT OF PUBLIC UTILITIES FOR ADDITIONAL CAPITAL OUTI,AY WHEREAS, a significant increase in building activity over the summer and fall has resulted in additional operating costs for the Department of Public Utilities, and WHEREAS, the Department is requesting an appropriation of $65,000 for additional water meters and water meter boxes as a result of this increased building activity, and WHEREAS, the additional appropriation will be offset by increased revenue generated by the sale of water taps. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $65,000 are hereby appropriated to the Department of Public TJtilities for additional water meters and water meter boxes. BE IT FURTHER ORDAINED that estimated revenue from the sale of water taps be increased by $65,000 to offset the appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of February 19 84 Public Hearing: February 6, 1984 First Reading: February 6, 1984 Second Reading: February 13, 1984 February 13, 1984 - 20 - Item II-I.5 CONSENT AGENDA ITEM # 21396 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED, on SECOND READING, an Ordinance amending an Ordinance entitled "An Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $19,570,000". Without changing the TOTAL AMOUNT of authorized Bonds, this Ordinance will decrease the amount of Bond proceeds for engineering and highway projects from $7,526,363 to $7,070,363; increase the amount for parks and recreation projects from $1,112,940 to $1,568,940; and include a bikeway in the list of specific parks and recreation projects. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones! W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -20a- AN ORDINANCE AIMENDING AN ORDINANCE ENTITLED "AN ORDINA.4CI,- AUTHORIZING THE ISSUANCE OF PUBLIC IIIPROVE4ENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMU@L AIIOUNT OF $19,570,000" WHEREAS, the Council of the Citv of Virginia Beach, Vir- ginia, adopted an ordinance entitled "An Ordinance Auth or.Lzin', the Issuance of Public Improvement Bonds bf the City of Virginia Beach, Virginia, in the Maximum Amount of $19,570,000" on December 12, 1983, to Drovide funds, togecher with other full,is that may be available, for school projects, engineering and hi@,11- way projects, dredging the Eastern Branch of the Lynnhaven River building projects and parks and recreation projects; and WHEREAS, the Council desires to change the allocation of bond proceeds within two of the five purposes without chan,in-.1 the total amount of autliorized bonds; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: 1. Paragraph 2 of the foregoing ordinance adopted oii December 12, 1983, is hereby amended to decrease the amount of- bond proceeds for engineering and highway projects from $7,526,36@) to $7,070,363, to increase the amount for parks and recreation projects from $1,112,940 to $1,568,940 and to include a bikeway in the list of specific parks and recreation projects. 2. Except as amended hereby, the ordinance adopted on December 12, 1983, is hereby ratified and confirmed. 3. This ordinance shall take effect immediately. Approved this 13th day of February, 198'@ Mayor FIRST READING: February 6, 1984 SECOND READING: February 13, 1-984 February 13, 1984 -20b- 1 AN ORDINANCE AUTHORIZIliG THE ISST!ANCE OF PUBLIC IMPROVEI@ITNT BONDS OF TIIE CITY OF VIRGINIA BEACH, VIRGIR@IA, IN -rfir MA.XIMUM AMOUNT OF $19,570,000 WHEREAS, the City has retired or will retire indebtedness in an amount of not less than $9,570,000 during 1983, so L:IiaL the City will be authorized to issue bonds in an amount of at least $19,570,000 during 1983 witliout submitting the question of their issuance to the qualified voters; BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessarv and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of NIIIETEEN MILI,ION FIVE liUNDRED AND SEVENTY THOUSAND DOLLARS ($19,570,000) to provide funds, together with other funds that may be available, for the following purposes: School projects, including planning, site acquisition and improvement, construction, enlargement, renovation, repair and equip- ping of schools and related facilities $ 3,308,497 Engineering and highxqay projects, including right-of-way acquisition, construction, improvement and extension of streets, bridges and highways, an(] studies, design and construction of drainage systems and related facilities 7,526,363 Dredging Eastern Branch Lynnhaven River 287,000 Building projects, including planning, site acquisition and improvement, construction, alteration, addition, enlargement, renova- tion and equipping of various niunicipal buildings and facilities, including third February 13, 1984 -20c- police precinct, radio tower, animal control building, central library, Virginia Museum of Marine Sciences, human resources building, juvenile court building and district court, landfill expansion and energy conservation 7,335,200 Parks and recreation projects, including planning, site acquisition, renovation and development of new parks and community and recreation centers, golf course and racquet- ball courts 1,112,940 TOTAL $19,570,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times an(I in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of princi.pal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. Approved this 13-@day of December, 1983 Mayor FIRST READING: l@o SECOND READING: 11, tqi'3 I - 21 - Item II-I.6 CONSENT AGENDA ITEM # 21397 Upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City Council DEFERRED for two weeks an Ordinance, on FIRST READING, to decrease the Pendleton Child Service Center Appropriation and Revenues by $78,543, in order for the City Manager to determine a source of funds and secure a statement from the Virginia Beach School Board as to their lack of con- tribution. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 -2la- REQUESTED BY: DEPARTMENT OF FINANCE AN ORDINANCE TO DECREASE THE PENDLETON CHILD SERVICE CENTER APPROPRIATION AND REVENUE BY $ 78,543 WHEREAS, the Pendleton Child Service Center (PCSC) has been advised by various contributing agencies of adjustments to the PCSC revenues which have the overall effect of a net reduction of $78,543, and WHEREAS, the United States Department of Agriculture (USDA) has awarded $1 872 for the salary of a relief cook and 75% of the cost of a waste disposal service for the PCSC, and these revenues have been included in the previously mentioned net reduction, and WHEREAS, the reductions were approved by the Management Board of the PCSC at its December 8, 1983 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That, FY 84 Pendleton Child Service Center appropriations and revenues are hereby reduced in the amount of $78,543. FIRST READING: SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of 1984. Feb 13, 1984 - 22 - Item II-I. 7 CONSENT AGENDA ITEM # 21398 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council, APPROVED, on FIRST READTNG, the reduction of appropriations to the Library Department and Estimated Revenues from the Commonwealth by $2,657. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesl W. H. Kitchin, Ill, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -22a- REQUESTED BY: DEPARTMENT OF FINANCE AN ORDINANCE TO REDUCE APPROPRIATIONS TO THE LIBRARY DEPARTMENT AND ESTIMATED REVENUES FROM THE COMMONWEALTH BY $2,657 WHEREAS, the Library Department has been notified by the Virginia State Library that the 1983-1984 state aid grant has been reduced by $2,657 from $177,147 to $174,490, and WHEREAS, the grant reduction is due to the Governor's reduction of state agency budgets by one and one-half percent, and WHEREAS, through the bidding process of two circulation terminals in the grant, the Library Department can absorb the reduction in capital outlay without eliminating any equipment purchase. NOW THEREFORE BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH that FY84 appropriations to the Library Department for capital outlay and estimated revenue from the Commonwealth for the 1983-1984 state aid grant are hereby reduced by $2,657. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: February 13, 1984 SECOND READING: 13, 1984 - 23 - Item II-I.8 CONSENT AGENDA ITE4 # 21399 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED the proposal of SOUTRERN NATIONAL LEASING CORPORATION with an interest rate of 8.35% over a 5-Year period and 8.45% over a 7-Year period for assets totaling $2,420,722 (AMENDED) for the Fire Department and General Services; AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesl W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 - 24 - Item II-I.9 CONSENT AGENDA ITD1 # 21400 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing certain events conducted on City Property to be exempt from the prohibition from working or transacting business on Sunday. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones* W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -24a- AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for the following events: Date Event City Property March 25, 1984 Va. Beach Arts Center Artfest 84 Pavilion April 1, 1984 Standard Flower Show Dome April 22, 1984 Plant Show/Sale Pavilion June 17, 1984 Beauty Supply Trade Show Pavilion June 24, 1984 Franchise Business Show Pavilion July 1, 1984 Antique Flea Market Pavilion July 15, 1984 Beta Sigma Phi Arts & Crafts Show Pavilion July 15, 1984 Coin & Gun Show Pavilion October 7, 1984 Quilters Show Dome October 14, 1984 Coin & Gun Show Dome October 28, 1984 Snow-Ski Show Pavilion November 18, 1984 New Car Expo Pavilion November 25, 1984 SE Gun & Knife Show Pavilion January 13, 1985 Custom Auto Show Pavilion January 20, 1985 Surfside Auto Show Pavilion January 27, 1985 Bridal Fair Pavilion February 10 & 17, 1985 Sports & Boat Show Pavilion February 24, 1985 Maryland Waterman's Expo Pavilion March 3, 1985 Mid Atlantic Wildfowl Festival Pavilion March 10, 1985 Sports & Camping Expo Pavilion March 24, 1985 C I Travel Show Pavilion Februaxy 13, 1984 -24b- March 31, 1985 SME Home Show Pavilion April 28, 1985 Computer Expo Pavilion BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 13th.- day of February 1984. JDB/ER/da misc 2/7/84 -2- February 13, 1984 - 25 - Ttem II-I.10 CONSENT AGENDA ITEM # 21401 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing Viewers in the petition of Richard F. and Margaret Day Welton and James L. and Patricia H. Bevan for the closure of a portion of Wythe Lane (Lynnhaven Borough). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, 11. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesl W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -25a- ORDINANCE APPOIr4TING VIEWERS WHEREAS, Richard F. Welton, IV and Margaret Day Welton, husband and wife, and James L. Bevan and Patricia H. Bevan, husband and wife, have given due and proper notice in accordance with the statutes for such cases made and provided, that they will on the 13th day of February, 1984, at 2:00 o'clock p.m., apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what, incon- venience would result from the discontinuing and closing of the hereinafter described undeveloped street and have filed application with said Council. NOW, THEREFORE, be it ORDAINED by the City Council of the City of Virginia Beach, Virginia that David Crochrml I C. Oral t and Rcbert Sccrtt are hereby appointed to view the below described property and report in writing to the Council on or before , whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of a portion of that certain unimproved street, 30 feet wide, known as Wythe Lane, located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and more par- ticularly described as follows: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and being a portion of that certain undeve- loped street known as "Wythe Lane" (30 ft.), being more particularly bounded and described as follows: Commencing at a point 70.00 ft. west of the intersec- tion of the southwest corner of Lot 169, the -1- February 13, 1984 -25-b southeast corner of Lot 168 and the northerly right- of-way of Windsor Road all as shown on that plat entitled "North Linkhorn Park" (Map Book 7, Page 144), thence turning and running along a curve to the right having a radius of 30.00 ft. a distance of 47.12 ft., thence running N 13010100" E, a distance of 170.00 ft. to the northwest intersection of Lot 168 and the southwest intersection of Lot 232 of "North Linkhorn Park Extended" (Map Book 8, Page 50), thence proceeding N 7605010011 W a distance of 30.00 ft. to the southeast intersection of Lot 242 of "North Linkhorn Park Extended" (Map Book 8, Page 50) and the northeast intersection of Lot 136 of "North Linkhorn Park" (Map Book 7, Page 144), thence pro- ceeding 8 13@10100" W a distance of 170.00 ft. to a point, thence proceeding on a curve to the right having a radius of 30.00 ft. a distance of 47.12 ft. to the intersection of the northerly right-of-way of Windsor Road and the southeast corner of Lot 136 and thence proceeding S 7605010011 E a distance of 90.00 ft. to the point of beginning. Said parcel contains 0.1466 acres and is more fully described by reference to that plat entitled "Plat Showing Portion of Wythe Lane to be closed as shown on Subdivision of North Linkhorn Park, Virginia Beach, Virginia", Scale: 111 = 40 ft., December 7, 1983, Hassell & Folkes, P.C., Surveyors & Engineers, Portsmouth, Virginia. 1.8.24.C -2- February 13, 1984 -25c- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED STREET KNOWN AS WYTHE LANE, 30 FOOT STREET AS SHOWN UPON THE PLAT ENTITLED "NORTH LINKHORN PARKI' DULY OF RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 7, AT PAGE 144. P E T I T I 0 N TO: The Mayor and the Members of the Council of the City of Virginia Beach, Virginia Your Petitioners, Richard F. Welton, IV and Margaret Day Welton, husband and wife and James L. Bevan and Patricia H. Bevan, hus- band and wife, by their attorney, David A. Miller, Jr., respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of a certain undeve- loped street which is more particularly described as follows: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and being a portion of that certain undeve- loped street known as "Wythe Lane', (30 ft.), being more particularly bounded and described as follows: Commencing at a point 70.00 ft. west of the intersec- tion of the southwest corner of Lot 169, the southeast corner of Lot 168 and the northerly right- of-way of Windsor Road all as shown on that plat entitled "North Linkhorn Park" (Map Book 7, Page 144), thence turning and running along a curve to the right having a radius of 30.00 ft. a distance of 47.12 ft., thence running N 1301010011 E, a distance of 170.00 ft. to the northeast intersection of Lot 168 and the southwest intersection of Lot 232 of "North Linkhorn Park Extended" (Map Book 8, Page 50), thence proceeding N 7605010011 W a distance of 30.00 ft. to the southeast intersection of Lot 242 of "North Linkhorn Park Extended" (Map Book 8, Page 50) February 13, 1984 -25d- and the northeast intersection of Lot 136 of "North Linkhorn Park" (Map Book 7. Page 144), thence pro- ceeding S 1301010011 W a distance of 170.00 ft. to a point, thence proceeding on a curve to the right having a radius of 30.00 ft. a distance of 47.12 ft. to the intersection of the northerly right-of-way of Windsor Road and the southeast corner of Lot 136 and thence proceeding S 7605010011 E a distance of 90.00 ft. to the point of beginning. Said parcel contains 0.1466 acres and is more fully described by reference to that plat entitled "Plat Showing Portion of Wythe Lane to be closed as shown on Subdivision of North Linkhorn Park, Virginia Beach, Virginia", Scale: 111 = 40 ft., December 7, 1983, Hassell & Folkes, P.C., Surveyors & Engineers, Portsmouth, Virginia. 2. That no inconvenience will result to any persons by reason of the said closing of said street, and the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view this por- tion of undeveloped street proposed to be closed, and to report in writing to the Council on or before the 13th day of rdarch, 1984, whether, in the opinion of the said Viewers, and if any, what incon- venience would result from the discontinuance and closing of said por- tion of street heretofore described. 3. That on the 31st day of January, 1984, and again on the 7th day of February, 1984, Notices of the presenting of this Application were published in the Virginia Pilot, 150 W. Brambleton Avenue, Norfolk, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioners are the fee simple owners of the land to be effected by the said undeveloped lots. -2- February 13, 1984 -25e- Respectfully submitted this day of February, 1984. RICHARD F. WELTON, IV and MARGARET DAY WELTON, husband and wif e JAMES L. BEVAN and PATRICIA H. BEVAN, husband and wife By Of Counsel David A. Miller, Jr., Esquire Pickett, Lyle, Siegel, Drescher & Croshaw 101 North Lynnhaven Road P.O. Box 2127 Virginia Beach, Virginia 23452 1.1.5.C -3- February 13, 1984 - 26 - Item II-1.11 CONSENT AGENDA ITEM # 21402 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance appointing Viewers in the petition of Sandcastle Motel for the closure of a portion of 14th Street (Virginia Beach Borough). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones* W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 -26a- IN THE MATTER OF THE APPLICATION OF THE SANDCASTLE MOTEL, INC., A VIRGINIA CORPORATION, FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF A PORTION OF 14TH STREET BETWEEN ATLANTIC AVENUE AND ATLANTIC BOULEVARD, IN VIRGINIA BEACH BOROUGH, ON PLAT ENTITLED "PROPERTY OF NORFOLK SOUTHERN R. R., VIRGINIA BEACH, VIRGINIA" PETITION TO: The City Council of the City of Virginia Beach, Virginia Beach, Virginia Your petitioner, the applicant, The Sandcastle Motel, Inc., a Virginia corporation, who owns the property on the north and south adjoining that portion of 14th Street between Atlantic AVenue and Atlantic Boulevard, as shown on "Property of Norfolk Southern R. R., Virginia Beach, Virginia, in Virginia Beach Borough, Virginia, hereby applies for the vacation, closing and discontinuance of that portion of 14th Street between Atlantic Avenue and Atlantic Boulevard shown on the aforesaid plat which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 36, page 329. Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as provided by law to view the said portion of 34th Street sought to be closed and report in writing to the Council as to whether in the opinion of the viewers what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an February 13, 1984 -26b- ordinance vacating the portion of 14th Street sought to be closed herein. On January 28 1984, and on February 4 1984, notice of intention to apply for such vacation to the Council was published as required by law in the VIRGINIAN- PILOT, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully submitted, THE SANDCASTLE MOTEL, INC., A Virg@ia Corporation By President I UroYef C. Wri@t,@" p@qe Post Office Box.Al @ Virginia Beach,@ 23458 February 13, 1984 -26c- ORDINANCE APPOINTING VIEWERS WHEREAS, The Sandcastle Motel, Inc., has given due and proper notice in accord with law that it would, on the 1:3th day of February , 1984, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below-described portion of 14th Street in Virginia Beach Borough, in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of 14th Street; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia, that David Grochipal C. Oral rt and Robert Scott be and each of them is hereby appointed to view that certain portion of 14th Street between Atlantic Avenue and Atlantic Boulevard as shown on the plat of "Property of Norfolk Southern R. R., Virginia Beach, Virginia," which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 6, page 329, and said viewers shall report in writing to this Council on or before , 1984, at 2:00 p.m., whether in their opinion any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portion of 14th Street. February 13, 1984 -26d- (;I?O'%'IIR (,. NVI?IGIIT, -Ii?. (70ITNSI'l,I.Olt A-r 1,ANV, 'I'llt(;INIA lilA(!Il, %'Ilt(iiNIA January 23 , 1984 CERTIFICATE OF VESTING OF TITLE I, Grover C. Wright, Jr., attorney for The Sandcastle Motel, Inc., do hereby certify that: 1. I am an attorney at law and represent The Sandcastle Motel, Inc., the petitioner. 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in The Sandcastle Motel, Inc., the adjacent landowner. The said property referred to herein is hereby described as follows: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, State of Virginia, designated as that portion of 14th Street lying between Atlantic Avenue and Atlantic Boulevard, as shown on the plat of "Property of Norfolk R. R. Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 329. over C. r. February 13, 1984 - 27 - Item II-I.12 CONSENT AGENDA ITEM @t 21403 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing Tax Refunds, in the amount of $1,216.47, upon application of certain persons and upon certification of the Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones* W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal aye. February 13, 1984 - 27 a - FORM NO. C.A. 7 1/27/84 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 Exonem- Date Penalty lnt. Total Year of Tax Number tion No. Paid D H Austin 84 Dog V-4541 1/12/84 7.00 Carolyn M Akers 83 pp 1267-5 5/27/83 30.60 Raymond Brown 83 pp 163716-9 1/17/84 16.26 Ann M Agelasto 83 pp 1050-6 5/8/83 80.28 First American S & L 83 RE(1/2) 4574-8 12/5/82 202.03 First American S & L 83 RE(2/2) 4574-8 6/5/83 202.03 Atlantic Permanent S & L 84 RE(1/2) 87980-0 12/5/83 678.27 Total 1,216.47 JAN @ 1 1984 D@PT. OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling I/ 4 - were approved by the Council of the City 0 Beach on the/-?'Xday of Ruth Hodges Smith City Clerk 0 IT city Attorney - 28 - Item 11-J.1 PLANNING ITEM # 21404 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council allowed WITHDRAWAL of an application of WILLIAM J. GREENE for a Variance to Sections 4.4(b) and (c) of the SUBDIVISION ORDINANCE per the following: Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William J. Greene. Property located at the northwest corner of Bonneydale Road and Olive Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 2 9 Item II-J.2 PLANNING ITEM 21405 Dennis Gerwitz, of John Sirine and Associates, represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of FIRESTONE TIRE AND RUBBER COMPANY for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF THE FIRESTONE TIRE AND RUBBER COMPANY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBTLE REPAIR ESTABLISHMENT R0284608 BE IT HEREBY ORDAINED BY THE COUNGIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of The Firestone Tire and Rubber Company for a Conditional Use Permit for an automobile repair establishment (New Sales and Service Store) on certain property located on the south side of Holland Road beginning at a point 70 feet more or less west of Rosemont Road, running a distance of 250 feet along the south side of Holland Road, running a distance of 174.86 feet along the western property line, running a distance of 250 feet along the southern property line and running a distance of 172.84 feet along the eastern property line. Said parcel contains 1.051 acre. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor 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: Harold Heischober February 13, 1984 - 30 - Item II-J.3 PLANNING ITEM # 21406 Mr. Jack Hayworth represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of A. T. WILLIAMS OTL COMPANY, INC. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF A. T. WILLIAMS OIL COMPANY,INC. FOR A CONDITIONAL USE PERMLT FOR A GAS STATION R0284609 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of A. T. Williams Oil Company, Inc. for a Conditional Use Permit for a gas station in conjunction with a convenience store on certain property located at the northeast corner of Indian River Road and Depositor's Lane, running a distance of 183.05 feet along the north side of Indian River Road, running a distance of 234.28 feet along the eastern property line, running a distance of 101.92 feet along the northern property line and running a distance of 154.16 feet along the east side of Depositor's Lane. Said parcel contains 25,265 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eight)7,-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III - 31 - Item II-J.4 PLANNING ITEM #21407 Attorney Robert Cromwell represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of Robert N. and Nancy W. Weller and Frederick Kirshman, t/a LMG ENTERPRISES, for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF ROBERT N. AND NANCY W. WELLER AND FREDERICK KIRS@, T/A LMG ENTERPRISES, FOR A CONDITIONAL USE PERMIT FOR A CAR WASH RO 284610 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert N. and Nancy W. Weller and Frederick Kirshman, T/A LMG Enterprises, for a Conditional Use Permit for a car wash on cer- tain property located on the north side of Holland Road, 200 feet more or less west of Taft Avenue, running a distance of 153.85 feet along the north side of Holland Road, running a distance of 256.01 feet along the western property line, running a dis- tance of 135.47 feet along the northern property line and running a distance of 248.17 feet along the eastern property line. Said parcel contains 36,416 square feet. KEMPSVILLE BOROUGH. The following condition applies: 1. An adequate buffer and screening along the northern property line. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting; 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 32 - Item II-J.5 PLANNING ITEM # 21408 Attorney Donald Rhodes represented the applicant Rick Bowler, representing the applicant, spoke from the audience. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY Council ADOPTED an Ordinance upon application of WTLLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit for a borrow pit per the following: ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A BORROW PTT R0284611 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Williams Corporation of Virginia for a Conditional Use Permit for a borrow pit on certain property located on the north side of Kemps- ville Road beginning at a point 600 feet more or less west of Centerville Turnpike, running a distance of 60.43 feet along the north side of Kempsville Road, running a distance of 1062.45 feet in a northwesterly direction, running a distance of 315.50 feet in a south- westerly direction, running a distance of 1479.62 feet in a northwesterly direction, running a distance of 550-30 feet in a northeasterly direction and running a distance of 2097.91 feet in a southeasterly direction. Said parcel contains 16.11 acres. KEMPSVILLE BOROUGH. The following conditions are required: 1. The applicant's voluntary agreement to restrict access to the borrow pit off Centerville Turnpike. 2. Filling will not be allowed on the portion of the property to be excavated. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 33 - Item II-J.6 PLANNING ITEM # 21409 Attorney Grover Wright represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of R. C. MOORE for a Con- ditional Use Permit for open space promotion on certain property per the following: ORDINANCE UPON APPLICATION OF R. C. MOORE FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R0284612 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore for a Conditional Use Permit for open space promotion on certain property located on the West side of Salem Road beginning at a point 460 feet more or less South of Elbow Road, running a distance of 1173.93 feet along the west side of Salem Road, running a distance of 400 feet in a southwesterly direction, running a distance of 100 feet in a southeasterly direction, running a distance of 781.76 feet in a southwesterly direction, running a distance of 2572.87 feet in a northwesterly direction, running a distance of 1661.09 feet along the south side of Elbow Road, running a distance of 568.08 feet in a southerly di- rection and running a distance of 315.53 feet in an easterly direction. Said parcel contains 69.02 acres KEMPSVILLE BOROUGH. The following condition applies: 1. A dedication of right-of-way along the frontage on Salem Road to match the alignment on file with the Department of Public Works/Surveys and Mapping, and a 10 foot dedi- cation along the frontage on Elbow Road, 25 feet from the centerline of the old 30 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 Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 11-0 Gouncil Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 34 - Item II-J.7 PLANNING ITEM # 21410 Attorney Glenn Croshaw represented Dr. Irwin Herowitz In opposition: Russell L. Clark, President New Light Civic League Roberta Jennings, resident of New Light Community Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of C. CLARK LASTER, III, Trustee of a Virginia Land Trust for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF C. CLARK LASTER,Ill FOR A CHANGE OF ZONING FROM R-8 to 0-1 (AMENDED FROM B-2) Z0284818 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of C. Clark Laster, III, Trustee of a Virginia Land Trust for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District (AMENDED from B-2 Community Business District) on certain property located on the south side of Indian River Road beginning at a point 169.72 feet east of Ferry Point Road, running a distance of 87.98 feet along the south side of Indian River Road, running a distance of 207.59 feet along the eastern property line, running a distance of 87.98 feet along the southern property line and running a distance of 207.59 feet along the western property line. Said parcel contains 18,263 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 6-5 Council Members Voting Aye; Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, III, Meyera E. Oberndorf Council Members Absent: None February 13, 1984 - 35 - Item II-J.8 PLANNING ITEM # 21411 Attorney Hayden Dubay representing John Waller, Applicant Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of VIRGINTA BEACH HOLDING CORPORATION for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH HOLDING CORPORATION FOR A CHANGE OF ZONING FROM R-6 to B-2 Z0284819 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Virginia Beach Holding Corporation for a Change of Zoning District Classi- fication from R-6 Residential District to B-2 Community Business District on certain property located on the west side of Euclid Road beginning at a point 100 feet more or less south of Kiowa Lane, running a distance of 150 feet more or less along the west side of Euclid Road, running a distance of 30 feet more or less along the southern property line, running a distance of 90 feet more or less in a north- westerly direction and running a distance of 143.93 feet in a northeasterly direction. Said parcel contains 7,742 square feet. KEMPSVILLE BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None February 13, 1984 - 36 - Item II-J.9 PLANNING ITEM # 21412 Attorney Grover Wright representing applicant W. N. Gardner spoke in favor of the application Cesar Diaz, adjacent property owner, in a written note expressed favor of the application (said note is hereby made a part of the record) Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of MARTIN K. SALASKY for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF MARTIN K. SALASKY FOR A CRANGE OF ZONING FROM R-8 TO B-2 Z0284820 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Martin K. Salasky for a Change of 'Zoning District Classification From R-8 Re- sidential District to B-2 Community-Business District on certain property located on the south side of Kempsville Road beginning at a point 580.81 feet west of Centerville Turnpike, running a distance of 306.01 feet along the south side of Kempsville Road, running a distance of 1450.52 feet in a southeasterly direction, running a distance of 149.47 feet along the west side of Centerville Turnpike, running a distance of 628.80 feet in a northerly direction and running a distance of 598.65 feet in a northwesterly di- rection. Said parcel contains 7.282 acres. KEMPSVILLE BOROUGE. The following condition applies: 1. The applicant has voluntarily agreed to the dedication of right-of-way along the frontage on Kempsville Road and Centerville Turnpike to provide the ultimate 90 foot rights-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of February, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 Februar 13 1 84 - 37 - Item II-J.10 PLANNING TTEM # 21413 Attorney Robert Cromwell represented the applicant. (He distributed brochures and photographs to Council Members.) Mr. Donald Baugh, President of Salem woods Civic Association, spoke in opposition. A motion was made by Councilman McCoy, seconded by Councilman Jennings to adopt Ordinances upon application of SALEM MEADOWS ASSOCIATES for changes of zoning. After discussion by Council Members, Councilmen McCoy and Jennings WITHDREW their motion to adopt the Ordinances. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council DEFERRED for 120 days (to June 18, 1984) Ordinances for changes of zoning as follows: ORDTNANCE UPON APPLLCATTON OF SALEM MEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM R-5 to R-8 Ordinance upon application of Salem Meadows Associates for a Change of Zoning District Classification from R-5 Residential District to R-8 Residential District on cer- tain property located on the south side of Recreation Drive beginning at a point 2675 feet west of Salem Road, running a distance of 2439 feet along the south side of Recreation Drive, running a distance of 1481.06 feet along the western property line, running a distance of 2880 feet along the southern property line and running a distance of 1883 feet along the eastern property line. Said parcel contains 77.7 acres. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF SALEM MEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM R-8 TO PD-H2 Ordinance upon application of Salem Meadows Associates for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on certain property located on the south side of Recreation Drive beginning at a point 2675 feet west of Salem Road, running a distance of 2439 feet along the south side of Recreation Drive, running a distance of 1481.06 feet along the western property line, running a distance of 2880 feet along the southern property line and running a distance of 1883 feet along the eastern property line. Said parcel contains 77.7 acres. KEMPSVILLE BOROUGH. February 13, 1984 - 38 - Item II-J.10 PLANNING ITEM # 21413 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Rarold Heischober, Vice Mayor 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 February 13, 1984 - 39 - Item II-J.11 PLANNING ITEM # 21414 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council REFERRED to the Virginia Beach Planning Conmission, for their study and recommendation, the proposed Amendment to Section 713 (c) of the Com- prehensive Zoning Ordinance pertaining to "maximum lot coverage" in the H-2 Resort Hotel District. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 40 - Item II-K.1 APPOINTMENTS ITEM # 21415 By CONSENSUS Appointment of the ATLANTIC AVENUE BEAUTIFICATION ADVISORY COMMITTEE was RESCHEDULED. February 13, 1984 - 41 - Item II-L. 1 UNFINISHED BUSINESS ITEM # 21416 Upon motion by Councilman Jones, seconded by Councilwoman Oberndorf, City Council DEFERRED the matter of Automated Office Systems. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 42 - Item 11-L.2 ADD-ON UNFINISHED BUSINESS ITEM # 21417 Upon motion by Councilwoman McClanan, seconded by Councilman Jennings, City Council voted to RESCIND the Ordinance adopted on February 6, 1984 as follows: ORDINANCE TO ADD SECTION 2-61 TO ARTICLE 11 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PROVIDING GENERAL DISTRICT COURT COPIES OF ORDINANCES PASSED BY CITY COUNCIL. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henty McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 13, 1984 - 42a - REQUESTED BY: VIRGINIA BEACH GENERAL DISTRICT COURT and JUVENILE AND DOMESTRIC RELATIONS DISTRICT COURT AN ORDINANCE TO ADD SECTION 2-61 TO ARTICLE II OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PROVIDING GENERAL DISTRICT COURT COPIES OF ORDINANCES PASSED BY CITY COUNCIL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-61 of the Code of the City of Virgihia Beach, Virginia, is hereby added and is to read as follows: Section 2-61. i:.in eneral District Court copies of . @ZSG 01 :rrd The clerk of council shall, as soon as practicable after the close of each session, Provide to the Clerks of the, city of Virginia Beach General District Court and Juvenile and Domestic Relations District Court certified copies of ail ordinances passed at such session. The nl=ber of copies piovided to the City of Virginia Beach General District Court and JUvenile and Domestic Relations District Court shall be equal to the number of judges presently presiding in that Court, plus one. Adopted by the Council of the City of Virgina Beachi- Virginia, on the 6 day of February 1984. CLL/re 1/13/84 1/16/84 1/20/84 (ORD. G) February 13, 1984 - 43 - Item II-L.3 UNFINISHED BUSINESS ITEM # 21418 By CONSENSUS, City Council RESCHEDULED the COMMUNITY SERVICES BOARD TASK FORCE. February 13, 1984 - 44 - Item II-M.1 NEW BUSINESS ITEM # 21419 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council EXPEDITED the application of BEACH RECREATION, INC. for a Con- ditional Use Permit from the Planning Commission on March 13, 1984 to the City Council Meeting of March 26, 1984 Voting: 11-0 Council Members Voting Aye: John A. BaLim, Nancy A. Creech, Harold Heischober, Vice Mayor 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 February 13, 1984 - 45 - Item II-M.2 ADD-ON NEW BUSINESS ITEM # 21420 Vice Mayor Henley's concern for legislation pending in the General Assembly, pertaining to False Cape State Park, expressed in the Informal Session was carried forward to the Formal Session for further consideration. Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Coun- cil voted: "To go on record as endorsing the specific limitations and Manage- ment Standards developed by the Governor's Back Bay Task Force for the devel- opment of False Cape State Park". (Notification to the Virginia Beach Dele- gation of the General Assembly is hereby made a part of the proceedings.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. February 13, 1984 45a - RUTH HODGES SMITH. CMC MUNICIP.L CENTER CITY CLERK VIRGINIA BEACH, VIRGINIA 23456-9002 13 Feb4uoAy 1984 TO: VIRGINIA BEACH DELEGATION OF THE GENERAL ASSEMBLY FROM: Rutti Hodgu Smith, CJAC, City Cte,%k THIS IS TO NOTIFV VOU THAT THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH GOES ON RECORD AS ENDOPSING TtiE SPECIFIC LI@IITAT70NS AND MANAGE@IENT STAN- DARDS DEVELOPED BY THE GOVERNOR'S FALSE CAPE TASK FORCE FOR THE DEVELOP?,FENT OF THE PARK. February 13, 1984 - 46 - Item II-M.3 NEW BUSINESS ITEM # 21421 Councilman Jennings of,@ered to sponser Mr. Sam Houston, Sr. to share with City Council his concerns for the Senior Citizens Community of Virginia Beach. Mr. Houston requested that due to the late hour he be rescheduled for the City Council Meeting of February 27, 1984. February 13, 1984 - 47 - Item 11-N. I RECESS INTO EXECUTIVE SESSION ITEM # 21422 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilwoman Creech,seconded by Councilman Heischober, City Council voted to RECESS into EXECUTIVE SESSION for discussion of personnel and legal matters after which to adjourn. (6:15 p.m.) Voting: 10-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, E. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jonesl W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye February 13, 1984 - 48 - Item 11-N. I ADJOURNMENT ITEM # 21423 By consensus, Council adjourned the meeting at Six Fifty-Two in the evening. ,on M. Keith Vice Mayor Barbara M. ,.ty City Clerk Bever@ 0. Hooks Deputy City Clerk R@h -fiodges Sngth, CMC .. 1. -nes City Clerk City of Virginia Beach Virginia /bh Februarv 13, 1984