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Home My WebLink AboutMARCH 18, 1985 MINUTESCITY COUNCIL City o£ Virginia Bcach "WORLD'S LARGEST RESORT CITY" MAYOR HAROLD HEISCHOBER, At Large VICE. MAYOR REBA S. McCLANAIV, .l~mcesr An~e Borough JOHN A. BA~, N~CY A. C~ECH, At ROBERT E. FE~SS, Vir~ ~h B~gh ~A~ M. ~EY, ~n9o H. JACK ~GS, JR., L~en ~gh LOUIS R. JO~S, ~s~ B~gh ROBERT G. JO~S, At J. ~NRY McCOY, JR., K~p~ B~gh ME~RA E. OBerOn, At ~r9e CITY COUNCIL AGENDA RUTH HODGES SMITH, CMC, Cit~t Cverk 281 CITY HALL BUILDING MUNICIPAL CE,~PER VIRGINIA BEACH, VIRGINIA ~3&56-900~d [804] 427.4303 March 18. 1985 Virginia Beach City Council PRESENTATION: Drainage - By Mr. C. Oral Lambert, Jr., Director of Department of Public Works - 12 NOON ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY M-4NAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS ITEM II. F. MINUTES 1. Motion to accept/approve the Minutes of March 11, 1985. G. PROCLAMATI ON 1. Virginia Beach Agriculture Week - March 15-21, 1985 ° H. PLANNING - RECONSIDERATION Application of Jones and Frank Oil Equipment Corporation for a conditional use permit for a gas station in conjunction with a ~onvenience food store on a 41,818-square foot parcel located at the southeast corner of Princess Anne Road and Parliament Drive (Kempsville Borough). (City Council voted to reconsider this application on February 25, 1985.) PLANNING Ordinance closing, vacating and discontinuing a portion of Pennsylvania Avenue in the petition of Bruce B. Mills (Kempsville Borough). me Letter from the City Manager transmits the recommendation to grant an extension of the time period and ~rant FINAL APPROVAL. Ordinance closing, vacating and discontinuing a. portion of Second Street in the petition of Runnymede Corporation (Lynnhaven Borough). Letter from the City Manager transmits the request of the petitioner for a 60-day time extension. Application of Oak Springs Associates for a change of zoning from R-8 Residential District to PD-H1 Planned Unit Development District on a 40,119-square foot parcel located along the east side of Rosemont Road, south of Holland Road (Kempsville and Princess Anne Boroughs). me Letter from the City. Manager transmits the recommendation of the Planning Commission for approval. Application of Bonney Road Hotel Associates for a change of zoning from 0-1 Office District to B-3 Central Business District on an 18,992-square foot parcel located on the south side of Bonney Road, west of Bendix Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Application of Williams Corporation of Virginia for a ~han~e of zonin~ from R-8 Residential District to B-2 Community- Business District on a 29-acre parcel located on the west side of Centerville Turnpike, north of Kempsville Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II. I. PLANNING (Cont'd) Application of Rose Rail A~8ociates for a change of zoning from 0-1 Office District to B-2 Community-Business District on a one-acre parcel located at the southwest corner of Holland Road and Chimney Hill Parkway (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Application of Skip Gelletly for a conditional use permit for a day care center on a 39,248-square foot parcel located on the east side of Kempsville Road, north of Stewart Drive (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Application of Vincent J. and Janet F. Losciale for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicants wish to subdivide a 25,000-square foot parcel into two lots. This property is located at 1221 Olive Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for denial. Application of Hop-In Food Stores, Inc. for an amendment to the Lane Use Plan for Indian Lakes to allow gas pumps in conjunction with a convenience food store at the northeast corner of Indian Lakes Boulevard and Pleasant Valley Road on a 2.905-acre parcel (Kempsville Borough). me Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 10. Application of IRR A~sociates for a change of zoning from B-2 Community-Business District to H-i Hotel District on a 4.33-acre parcel located on the east side of Strtckland Boulevard, north of Indian River Road (Kempsville Borough). Letter from the City-Manager transmits the recommendation of the Planning Commission for denial. J · ~SOLUTION Resolution approving the issuance of Special Revenue Bonds from Newport News Redevelopment and Housing Authority in the amount of $6,500,000 to Brandywine Associates. K. CONSENT AGENDA Ail matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Resolution approving the applications to the State .Board of Education of Virginia for loans of $2,000,000 each from the Literary Fund to the School Board. 10. Ordinance, on SECOND READING, to appropriate $260,000 from water and sewer retained earnings to the Water and Sewer Capital Projects Fund to cover unanticipated costs for various s~all line improvements. Ordinance, on SECOND READING, to accept and appropriate $123,000 from the U.S. Department of Housing and Urban Development for rental housing rehabilitation. Ordinance, on SECOND READING, to appropriate $143,393 for construction of a modular building to house the Law Library and Juvenile Probation Offices. Ordinance to transfer $573,000 to establish a capital project for dredging the Rudee Inlet entrance channel; Low bid of Norfolk Dredging Company, in the amount of $548,000, for the Rudee Inlet Entrance Channel and Sandtrap Dredging; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. Ordinance, on FIRST READING, to accept and appropriate additional grant funds from the Department of Corrections totaling $30,152 for the Virginia Beach Community Diversion Incentive Program. Ordinance, on FIRST READING, to allocate positions and provide accompanying appropriations for the Information System Coordination Office ($24,970). (This Ordinance was deferred until today on March 11, 1985.) Ordinance to transfer appropriations for the Medically Indigent Obstetrical Care Program. Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday (Pavilion/Dome events). Ordinance to authorize and direct the City Manager to proceed with water service to Kent Lane. 11. Raffle permit: Virginia Beach Little League, Inc. L · APPOI NTNgNTS 1. Advisory Erosion Commission 2. Historical Review Board 3. Planning Council M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 1. Motion to Adjourn -5 - Item II-F.1 MINUTES ITEM # 23381 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council AMENDED the Minutes of March 18, 1985, as per the following: ITEM # 23366 - Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council A~PROgBD ADOPTED an Ordinance, em-~RS~-RBA~N~T to allocate positions and provide accompanying appropriations for the INFORMATION SYSTEM COORDINATION OFFICE ($24,970). This Ordinance was APPROVED on FIRST READING in error on March 18, 1985. This Ordinance did not require a SECOND READING, and was actually ADOPTED on March 18, 1985. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia PRESENTATION DRAINAGE March 18, 1985 12:00 p.m. The PRESENTATION concerning DRAINAGE was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, March 18, 1985, at 12:00 in the afternoon. The City Manager introduced C. Oral Lambert, Director of Public Works. Mr. Lambert advised City Council one of the prime purposes of this presen- tation is to reach some common ground to understand terminology and to be in a position to address the situations from the same perspective. Drainage, a more appropriate term would be "Storm Water Management": to manage, control, direct a plan for the storm water events. It is the most challenging element of development. Virginia Beach is a flat hugh floodplain in itself. The City of Virginia Beach does not have a Master Drainage Plan per se. There was a master drainage study which was completed in 1972 by Marsh & Basgier. That study was conducted in three phases. The first phase developed or de- fined the major watersheds in the City of ~irginia Beach. One watershed drains into the Linkhorn Bay. The one identified as the Virginia Beach East Basin drains into Canal Number 1, ultimately going into Linkhorn Bay and/or Back Bay. The Virginia Beach Central Basin drains into Canal Number 2. The Lynnhaven River basin drains into the Lynnhaven River, the Little Creek Basin, the Virginia Beach West Basin, which is dependent upon Canal 3 as an outfall. Canal Number 3 is known as the Salem Canal. Their stud~ then initially Phase One, identified the topographic conditions of the City. They broke these large drainage basins into subwatersheds and within those watersheds are subwatersheds that go to the tributaties, estuaries and lead ditches. Phase One developed watersheds and subwatersheds. Phase Two gathered information on previously con- structed projects. Since then we have attempted to update and maintain Phase Two through our mapping program as subdivisions are approved and constructed. The mapping program then picks up the added drawings and keeps that information current. Phase Three of the Marsh and Basgier study involved the delineation of outfalls and drainageways of the subwatershed. Based on current zoning in 1972, we computed the storm water runoff from each of these subwatersheds and sized a canal, a receiving water, to handle that water, drainage as development occurred. As each watershed is developed, the adequacy of that canal must be reevaluated because the conditions have changed obviously since 1972. We require each development to submit a drainage calculation and how did logic study for that particular development prove the adequacy of the canal in which it intends to drain. The Consulting Engineers, in developing individual tracts are required to submit calculations, drainage calculations, for review by the City Engineer's Office as each tract develops. Those calculations are based on standards which are referred to in our development ordinances, the site plan, and the subdivision ordinance, referred to the Department of Public Works specifications and standards for drainage, and dealt with in Section 4.2 of the design standards and incorporated by reference the Virginia Department of Highways a~d Transportation Drainage Manual. The City has all highways designed to Virginia Department of Highway and Transportation standards so that we qualify for funding reimbursement. March 18, 1985 - 2 - Engineering standards address the size, slope elevation of pipes and structures and require a drainage calculation and area map be presented for review. Maps and drainage calculations are based on a nationally recognized and accepted method referred to as the "Rational Method". The element of Rational Method,in de- termining the storm water runoff, includes rainfall intensity, duration and frequency. It includes runoff coefficients which are spelled out in the standards based on land use; the higher the density of the land use, the higher coefficient of runoff. By determining the rainfall intensity, the frequency and duration of the rainfall, how much of the rainfall is going to run off the land based on the land use and how hard the land is then they can determine how much water is in- volved. When you know how much water with which you are dealing, you can size the channel or whatever is going to receive the water. We have a minimum criteria for the rainfall intensity of any site plan up to 300 acres on a storm that would occur once in ten years. For tracts of land 300 to 500 acres, the standards require a storm of once in 25 years. For a tract of land 500 acres or more, it is a 50- year event. We are talking about a collection system for stormwater not to be confused with the flood elevations that are established by our floodplains National Flood Insurance Program which requires plain floors to be above the 100-year flood- plain. We are talking about falling weather, rainfall, during a 50-year event and not the flood elevations of a 'hundred year storm. Our standards have been, for the most part, developed on civil engineering consideration. The City requires systems to be piped, if it can be piped, utilizing up to a 72-inch system. A 72-inch cul- vert is the equivalent of a 72-inch pipe. We discourage open systems by the City standards. Something greater than a 72-inch pipe would be an open system. Generally, that takes the form of a canal. If a canal is constructed, the City requires that the side slopes be seven-to-one. There are two options: they either have to be seven-to-one, which is a pretty flat size slope, or may use a three-to-one side slope if they provide a 15-foot maintenance easement along both sides. With a seven-to-one slope, we can drive equipment onto the slope to maintain the canal. With a slope steeper, we need a maintenance easement across the top. In addition to the adequacy of the system for the individual development, it must form a logical part of a coordinated system. Calculations of what is upstream and what is down- stream cannot be done in isolation. Once approved, construction drawings are awarded the developer and we require any systems that are going to become part of the public drainage system must be bonded, a performance bond must be posted as the construction is commenced. While it is underway, it is inspected periodically, prior to the occupancy of the subdivision the systems must be inspected by our subdivison inspectors and accepted as being complete before occupancy is permitted. The City does not bond or require performance bonds for own systems. Lot grading, anything that is not going to be part of the public system, is not bonded. Jack Whitney, Chief of Comprehensive Planning, advised Council one most important point to be made has to do with two philosophies: the philosophy of drainage and the philosophy of "Storm Water Management". They are two different approaches to a similar problem. "Storm Water Management" is a broader approach to the movement of rainfall than is drainage. The philosophy of drainage is limited to the notions and emission of moving rainfall from one site offsite in as much volume and as quickly as possible. A successful drainage solution may not be a very successful "Storm Water Management" solution° "Storm Water Management" is system-oriented. The Lynnhaven, Back Bay and the North Landing River system are much broader in geographic terms, is basin or watershed-oriented rather than site oriented. Perhaps the most im- portant element embodied in "Storm Water Management" is not inherent in drainage philosophy and that is the element of water quality. It is the management, the deliberate management, of that raindrop from the point it hits the ground to the point it reaches City waters or the waters of the Commonwealth. The raindrop joins with other drops, it picks up speed, it picks up microorganisms, bacteria, other types of pollutants and falls into a body of water at the other end of the pipe. If not carefully managed in the "Storm Water Management" context, the water drop may affect the toxic by the end of its travels. We may successfully drain the property and get that raindrop offsite and fail at the other end of its travel in the systemwide context by polluting a very precious body of water. The City has concerns, in the past several years, of two or our major receiving streams: the Lynnhaven and Back Bay. The solution to the problem of water quality in those two bodies of water lies with the management of that drop of rain when it hits the ground, and the quality of that water as it moves across the surface of Virginia Beach. "Storm Water Management" in these two particular watersheds is an area over 'half the size of the City of Virginia Beach. Our drainage system, which is really the simple conveyance, the gutter that takes the drop from the site to the Lynnhaven or to Back Bay is the "journey", not the "destination." This drainage system performs more functions than simply conveying water: an environmentally sensitive fashion, provide drainage in an aesthetically pleasing fashion and recreational amenities to the community. An example of this would be a retention pond, which is nothing more than one component. It becomes an eco-system, ducks populate it, fish come -3 - in, it becomes an enhancement to the community, an aesthetic attribute and it impacts on property values. West Neck Creek is another example. West Neck Creek and the drainage system into it become part of our recreational resources in Virginia Beach. In addition, to being a floodplain and a drainage canal, it also becomes a scenic waterway or a canoe trail. Virginia Beach is itself a site. It drains and it outfalls into State waters with a certain involvement in the water quality of the Commonwealth's resources. We can, through a philosophy of storm water management, have both development and water quality improvement without sacrificing one for the other. C. Oral Lambert, Director of Public Works, resumed his presentation. Mr. Lambert advised Council the City does not have standards which are specifically for water quality. A plan must be developed and approved which will deal with Erosion. This generally amounts to some type of placement of straw bales. The various levels of Maintenance Practices in Virginia Beach are: (1) Drainage Feature, (2) Recreational Amenity~ and, (3) Aesthetic Purposes. The last two are not being adequately administered. The Dredging of Lynnhaven~ Rudee and Long Creek Canal are the only ones maintained for Recreational Amenity. Various forms of Maintenance include Algae and Aquatic Vegetation control, Mosquito Control, Pollution problems, Debris Removal, Erosion and Sedimentation Control, Safety Features, Hydraulic Facilities and Equipment, Pipes, Channels, and Flow Control Stuctures, Pumps, General Maintenance, cleaning, grass mowing, weed Control and Structural Maintenance. With regard to Canals/Open Systems which occur in easements, the City Policy has been to discourage dedication of easements of these systems. The maintenance responsibilty has been placed on the landowner. Concerning Lakes, Ponds, and Retention Systems, the property lines are platted to center with drainage easement over water. There are 9.73 miles of Primary Ditches and Canals on City Property and 34.06 miles within platted easements. Vegetative Control is limited generally as a result of a request or complaints. On platted easements there is no vegetative control service. With the exception of Mosquito Control, maintenance of systems on private property is largely the property owner's responsibility. Concerning complaints, Lot Grading seems to be receiving the major share. As of May, 1984 a minimum of 1% Lot Grading is required on all lots. An Ordinance was passed on October, 1984, requiring Engineers to certify that single family site plans match approved subdivision grading plans and that all finished floor, basements, garages and storage areas are at the proper elevation. New townhouse subdivision plans will require either paved swales in the rear or two-yard inlets in the rear (one on each side) as of December 1984~ Major flood occurs in areas as the Plaza area, where outfall is inadequate. Complaints concerning Canal Mainte- nance are where the easements are fenced in but not maintained by owner and flat slopes which are designed for floodwater are filled in by resident. Complaints concerning Detention Systems are the design for drainage-water quality issues, silting in and bank maintenance. Even though Design Standards may be adequate, systems must be properly installed or they will NOT function. Inspection is important. Once installed, these systems must be maintained or they will fail. The Design Standards must consider the outfall or receiving waters. The following recommendation were made: (1) Consider revision of Master Drainage Study a. Redefine, verify watersheds b. Recommend methods to handle runoff from sub-watershed,i.e., pipe system, ditches, natural waterways, retention, floodplain, et cetera~ c. Evaluate existing systems and recoommend reemdial action where needed~ d. Budget estimate for any remedial action e. Prioritize recommended projects. f. Develop a drainage plan-canals collection system to receiving waters. g. Access need if a participator drainage policy should be con- sidered. (2) Water Quality a. Policy development b. Review current standards from Water Quality perspective c. Consider development of environmental section to deal with Storm Water Management, Water Quality, and other environmental issues. - 4 - (3) Maintenance a. Long term program for retention and detention systems. b. Deal with defficiency in the City's belief that assumed "private" ownership would assure private want. c. Consider increased level of maintenance. Relating to Agricultural Drainage, Systems have been inventoried in co-operation with the Agricultural Department, the Virginia Beach Farm Bureau, the Virginia Dare Soil and Water Conservation District, and individual Agri-business repre- sentatives. The City has determined the maintenance requirements for each system. The inventory has beem organized into four (4) priority groups. Programs have been submitted for budget consideration. Initial funding ($250,000) has been provided via the CAPITAL IMPROVEMENT PROGRAM for "demonstration" project for drainage and rural roads. MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 18, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, March 18, 1985, at 1:13 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J.Henry McCoy, Jr., D.D.S. Councilman McCoy entered the EXECUTIVE SESSION at 1:14 p.m. March 18, 1985 - 2 - ITEM # 23341 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters withia the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Featress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. March 18, 1985 - 3 - REGULAR SESSION VIRGINIA BEACH CITY COUNCIL March 18, 1985 2:10 p.m. Mayor Harold Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hail Building, on Monday, March 18, 1985, at 2:10 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Absent None iNVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 18, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 CONSENT AGENDA ITEM # 23342 The Manager referenced an Ordinance to transfer $573,000 to establish a CAPITAL PROJECT for dredging the RUDEE INLET ENTRANCE CHANNEL (See Item II-K.5 of the Consent Agenda). He advised this Ordiaance did not require a SECOND READING as it was a "TRANSFER" rather than an "APPROPRIATION". Item II-D.2 CONSENT AGENDA ITEM # 23343 Councilwoman Henley also referenced the Ordinance to transfer $573,000 to establish a CAPITAL PROJECT for dredging the RUDEE INLET ENTRANCE CHANNEL and the LOW BID for the Rudee Inlet Entrance Channel and Sandtrap Dredging (See Item II-K 5 of the Consent Agenda). Councilwoman Henley further referenced an Ordinance to transfer appropriations for the MEDICALLY INDIGENT OBSTETRICAL CARE PROGRAM (See Item II-K.9 of the Consent Agenda). This item will be pulled for discussion during the Consent Agenda. March 18, 1985 - 5 - Item II-F.1 MINUTES ITEM # 23344 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED the Minutes of March 11, 1985. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining J. Henry McCoy, Jr., D.D.S. March 18, 1985 - 6 - Item II-F.2 MINUTES ITEM # 23345 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council AMENDED the Minutes of March 4, 1985, as per the following: ITEM # 23292 - Ordinance, on FIRST READING, to ~m-s~e~ appropriate $260,000 from W~e~-~-Sewe~-~p~-~ee~-~d Water and Sewer Retained Earnings to the Water and Sewer Capital Projects Fund to cover unanticipated costs for various SMALL LINE IMPROVEMENTS. This Ordinance was ADOPTED in error on March 4, 1985. This Ordinance should have been APPROVED on FIRST READING, as same was an APPROPRIATION rather than a TRANSFER. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent None Council Members Abstaining J. Henry McCoy, Jrt, D.D.S. March 18, 1985 - 7 - Item II-G.1 PROCLAMATION ITEM # 23346 Mayor Heischober PROCLAIMED the week of March 15 -21, 1984 as: VIRGINIA BEACH AGRICULTURE WEEK This PROCLAMATION recognized Virginia Beach Agriculture for leadership in production of farm commodities as well as for providing leadership in many agricultural organizations. This PROCLAMATION was ACCEPTED by: Dick Cockrell, Director of the City's Agriculture Department~ R. Everett Sawyer, Director of the Virginia Dare Soil and Water Conservation District; Mrs. Dinae Horsley and son, Ron, as Don Horsley, President of the Virginia Beach Farm Bureau, was unable to attend~ Louis Cullipher, Virginia Beach Soil Conservation Service; and~Jim Belote, Virginia Beach Department of Agriculture March 18, 1985 - 7a - WHEREAS, the City of Virginia Beach is a city composed of many economics; and WHEREAS, one of the major contributors to the economy of this City is the Industry of Agriculture; and WHEREAS, the Industry of Agriculture, through the resources of Professional Agriculturists, Suppliers, Farmers and Marketmen, provides the people of this City with a bountiful supply of food, as well as the beauty of the landscape; and WHEREAS, Virginia Beach Agriculture is recognized in the Commonwealth for leadership in production of farm commodities as well as for providing leadership to many agricultural organizations; and WHEREAS, the Virginia Beach Agricultural Industry is important to all the citizens of Virginia Beach and the Commonwealth. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of March 15-21, 1985 as VIRGINIA BEACH AGRICULTURE WEEK and call upon our citizens to share in recognizing the importance of Agriculture to the City of Virginia Beach. Given under my hand and seal this eighteenth day of March, nineteen hundred and eighty-five. Harold H~sb~o6er Mayor March 18, 1985 Item II-H.1 _8 _ PLANNING ITEM # 23347 Attorney Grover Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of JONES AND FRANK OIL EQUIPMENT CORPORATION for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF JONES AND FRANK OIL EQUIPMENT CORPORATION FOR A CONDITIONAL USE PERMIT FOR A GAS STATION RO385726 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Jones & Frank Oil Equipment Corporation for a Conditional Use Permit for a gas station in conjunction with a convenience food store on certain property located at the southeast corner of Princess Anne Road and Parliament Drive on Parcel E, Section One, Arrowhead. Said parcel contains 41,818 square feet. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Public restrooms are to be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None This Application had originally been DENIED on February 11, 1985. On February 25, 1985, City Council scheduled RECONSIDERATION of this application at the City Council Meeting of March 18, 1985. March 18, 1985 - 9 - Item II-I.1 PLANNING ITEM # 23348 Bruce B. Mills, the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council GRANTED AN EXTENSION OF TIME for compliance AND ADOPTED an Ordinance of FINAL APPROVAL upon the application of BRUCE B. MILLS for the discontinuance, closure and abandonment of a portion of PENNSYLVANIA AVENUE (Kempsville Borough). FINAL APPROVAL Ordinance upon application of Bruce B. Mills for the discontinuance, closure and abandonment of a portion of Pennyslvania Avenue beginning at the northern boundary of Second Street and running in a northerly direction a distance of 157.50 feet. Said parcel is 50 feet in width and contains 7,875 square feet. KEMPSVILLE BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Absent None March 18, 1985 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PENNSYLVANIA AVENUE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, it appearing by affidavit that proper notice has been given by Bruce B. Mills that he would make application to the Council of the City of Virginia Beach, Virginia, on , to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement o.f the Council that said street be discontinued, closed and vacated: NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, vacated: and ALL THAT certain portion of PENNSYLVANIA AVENUE as appears on the Plat of "Midway", a copy of which plat is duly recorded in the Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 7, at Page I 30, the portion to be vacated being outlined in red on the attached survey and being more particularly bounded and described as follows: BEGINNING at a point, which point is located at the southwest corner of Lot 17, Block 8; thence, from said point of beginning, N 06* -57'-Z5" W 157.50 feet to a point which point is located at the southwest corner of Lot 1~-, Block 8; thence, turning and running S 83* -0P-'-35" W 50.00 feet to a point which point is located at the northeast corner of Lot 13, Block ?; thence turning and running S 06° -57'-25" E 157.50 feet to a point ' which point is the southeast corner of L~t 17, Block 7; thence turning and running N 83' -0~-'- 35" E 50.00 feet to the point of be§inning. SECTION II A certified copy of this Ordiance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION ILl This Ordinance shall be effective thirty (30) days from the date of its adopti FINAL APPROVAL -- March 18, 1985 J~ CERTIFICATE OF VESTING OF TITLE I, J'oseph T. Waldo , attorney for Bruce B. ~llls, do hus'uby certify that: 1. I am an attorney at law and represent Bruce B. Mills, the petitions r. Z. I£ tla~: prop~;rty described bel. w is discontinuocl, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners; The said property referred to herein is hereby described as followe: ALL THAT certaLn portion of PENNSYLVANIA AVENUE aa appears on the plat of "Midway", a copy of which plat is duly recorded in the Circuit Court Clerk s Office of Virginia Beach, Vil'ginia, in Map lluuk 7, aL Iaagu 130, tho porLiun to be vacated being outlined in ted on the attached survey and being more particuIariy bounded and described aa follows: BEGINNING at a point, which point ia located at the southwest corner of Lot 17, Block 8; thence, from said point of beginning, N 06 ° - 57'-25" W 157.50 feet to a point which point is located at the southwest corner of Lot 12, Block 8; thence, to a point which poLnt is located at the northeast corner of ~t 13, Block 7; thence turning and running S 06" -57 -ZS" E 1 57.50 feet to a point which point ia the southeast corner of ~t 17, Block 7; thence turning and running N 83* -0g 35" E 50.00 feet to the point of beginning. ,Toseph T. Waldo Attorney- at- !~_w Rolm Centre Suite 301 ,t701 Columbus Street Virginia Beach, Virginia 23462 March 18, 1985 Item II-I.2 - 10- PLANNING ITEM # 23349 Attorney Gardner M. Haight represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council APPROVED a 60-day time extension of the Ordinance upon application of RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of a portion of Second Street (Lynnhaven Borough). City Council had APPROVED this closure on September 17, 1984, subject to resubdivision of the property to incorporate the closed area into adjoining parcels and to avoid the creation of a nonconforming lots within 180 days. The 60-day extension was requested to allow the Planning Department to complete its review of the resubdivision plat submitted by Runnymede Corporation. Ordinance upon application of The Runnymede Corporation for the discontinuance, closure and abandonment of a portion of Second Street beginning at the eastern bound- ary of Chestnut Street and running in an easterly di- rection a distance of 280 feet to the western boundary of Butternut Lane. Said parcel is 50 feet in width and contains 14,000 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 Item II-I.3 - 11- PLANNING ITEM # 23350 Bill Schlimgen, of Talbot and Associates, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of OAK SPRINGS ASSOCIATES for a Change of Zoaing as per the following: ORDINANCE UPON APPLICATION OF OAK SPRINGS ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H1 Z0385963 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Oak Springs Associates, for a Change of Zoning District Classification from R-8 Resi- dential District to PD-H1 Planned Unit Development District on certin property located on the east side of Rosemont Road beginning at a point 1075 feet south of Hollaad Road and running in a southerly direction a distance of 1092.5 feet. Said parcel contains 40,119 square feet. Plats with more detailed information are available in the De- partment of Planning. KEMPSVILLE AND PRINCESS ANNE BOROUGHS. Prior to the changing of the official zoning maps, the following condition will be met: Resubdivision of the property to incorporate the area proposed for rezoning into the adjacent PD-H1 parcel. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 12- Item II-I.4 ITEM # 23351 Attorney Grover Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of BONNEY ROAD HOTEL ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF BONNEY ROAD HOTEL ASSO- CIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM O-1 TO B-3 ZO385964 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Bonney Road Hotel Asso- ciates for a Change of Zoning District Classification from O-1 Office District to B-3 Central Business Dis- trict on certain property located on the south side of Bonney Road beginning at a point 800 feet more or less west of Bendix Road. Said parcel contains 18,922 square feet more or less. Plats with more detailed information are available in the Department of Planni~g. 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 Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent March 18, 1985 None - 13 - item II-I.5 PLANNING ITEM # 23352 Attorney Robert Cromwell represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of WILLIAMS CORPORATION OF VIRGINIA for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 ZO385965 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Williams Corporation of Virginia, for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located on the west side of Centerville Turnpike beginning at a point 420 feet more or less north of Kempsville Road. Said parcel contains 29 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH Prior to the changing of the official zoning maps, the following condition will be met: A variable width dedication of right-of-way along the frontage on Centerville Turnpike to provide for an ultimate 110 feet right-of-way and a proposed bikeway as required by the Virginia Beach Bikeway Plan and 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 Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S~ Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 14 - Item II-I.6 PLANNING ITEM # 23353 Attorney Grover Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of of ROSE HALL ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF ROSE HALL ASSOCIATES FOR A CHANGE OF ZONING FROM O-1 TO B-2 ZO385966 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Rose Hall Associates, for a Change of Zoning District Classification from O-1 Office District to B-2 Community Business District on certain property located at the southwest corner of Holland Road and Chimney Hill Parkway. Said parcel contains 1 acre. Plats with more detailed information are available in the Department of Planning. 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 Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Louis R. Jones March 18, 1985 - 15- Item II-I.7 PLANNING ITEM # 23354 Skip Gelletly, the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of SKIP GELLETLY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF SKIP GELLETLY FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER RO385727 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Skip Gelletly, for a Con- ditional Use Permit for a day care center on certain property located on the east side of Kempsville Road be- ginning at a point 1200 feet north of Stewart Drive. Said parcel contains 39,248 square feet. Plats with more de- tailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Adequate screening to be provided along property lines adjoining single family residences. A 10-foot dedication of right-of-way along the frontage on Kempsville Road to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of March, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 Item II-I.8 PLANNING - 16- ITEM # 23355 Vincent J. Losciale, the applicant, represented himself and family Doug Massey, resident of Acredale for twenty years spoke in favor of the application ' Tom Wilkerson, representing residents of Acredale, spoke in opposition A motion was made by Councilman McCoy, seconded by Councilwoman Oberndorf, to DENY the application of VINCENT J. AND JANET F. LOSCIALE for a variance to Section 4.4(b) of the Subdivison Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordnance. (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Jennings to APPROVE the application of VINCENT J. AND JANET F. LOSCIALE for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Compre- hensive Zoning Ordinance (Kempsville Borough). As there was no SECOND this SUBSTITUTE MOTION failed. , Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED the application for a variance to Section 4.4(b) of the Subdivision Ordinance in the application of VINCENT J. AND JANET F. LOSCIALE. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Vincent J. and Janet F. Losciale. Parcel is located at 1221 Olive Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert E. Fentress and H. Jack Jennings, Jr. Council Members Absent None Item II-I.9 - 17- PLANNING ITEM # 23356 Attorney Grover Wright represented the applicant Linda Transeau, represented the residents of Indian Lakes and Stratford Chase, and spoke in Opposition. Mrs. Transeau presented a petition with over 500 signatures in opposition to this application (said petition is hereby made a part of the record). Mrs. Michael Ward registered in opposition but did not speak A petition in opposition containing 18 signatures was delivered to the City Clerk's Office after the application was heard (Said petition is hereby made a part of the record). Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of HOP-IN FOOD STORES, INC. for an AMENDMENT TO THE LAND USE PLAN FOR INDIAN LAKES to allow GAS PUMPS IN CONJUNCTION WITH A CONVENIENCE FOOD STORE at the northeast corner of Indian Lakes Boulevard and Pleasant Valley Road on a 2.905-acre parcel (Kempsville Borough). ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC. FOR AN AMENDMENT TO THE LAND USE PLAN FOR INDIAN LAKES TO ALLOW GAS PUMPS IN CONJUNCTION WITH A CONVENIENCE FOOD STORE Ordinance upon application of Hop-In Food Stores, Inc., for an amendment to the Land Use Plan for Indian Lakes to allow gas pumps in conjunction with a convenience food store at the northeast corner of Indian Lakes Boulevard and Pleasant Valley Road. Said parcel contains 2.905 acres. KEMPSVILLE BOROUGH. Voting: 10-1 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum Council Members Absent None March 18, 1985 item II-I.10 - 18 - PLANNING ITEM # 23357 Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL of the application Robert P. Weidman, resident of Cedar Hills, spoke in opposition to WITHDRAWAL of the application, and presented a petition containing over 350 signatures (said petition is hereby made a part of the record) Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City City Council DENIED an Ordinance upon application of IRR ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF IRR ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 Ordinance upon application of IRR Associates, for a Change of Zoning District Classification from B-2 Community Busi- ness District to H-1 Hotel District on certain property located on the east side of Strickland Boulevard beginning at a point 223 feet north of Indian River Road. Said par- cel contains 4.33 acres. Plats with more detailed infor- mation are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 Item II J. 1 - 19- RESOLUTION ITEM # 23358 The City Attorney advised the Rsolution approving the issuance of Special Revenue Bonds from the Newport News Redevelopment and Housing Authority in the amount of $6,500,000 to BRANDYWINE ASSOCIATES was incorrect, and therefore requested a one (1) week DEFERRAL. Upon motion by Councilwoman Oberndorf, seconded by Councilman Louis Jones, City Council DEFERRED for one week until the City Council Meeting of March 25, 1985, the following: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $6,500,000 TO BRANDYWINE ASSOCIATES. Voting: 8-0 Council Members Voting Aye; Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert E. Fentress, and J. Henry McCoy, Jr., D.D.S. March 18, 1985 Item II-K. - 20 - CONSENT AGENDA ITEM # 23359 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION Items 1 through 11 of the CONSENT AGENDA with the exception of: Item II-K.5 was voted om separately and ADOPTED by a Vote of 9-1. Item II-K.8 was voted on separately and ADOPTED by a Vote of 7-4. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 21- Item II-K.1 CONSENT AGENDA ITEM # 23360 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution approving the applications to the State Board of Education of Virginia for two (2) loans of $2,000,000 each from the Literary Fund to the SCHOOL BOARD. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Coumcil Members Absent: Robert G. Jones March 18, 1985 - 2la- RESOLUTION WHEREAS, the Code of Virginia authorizes the Board of Education to make loans from the Literary Fund to the school boards for the purpose of erecting, altering or enlarging school buildings, and WHEREAS, Officials of the School Board for the City of Virginia Beach have prepared two applications addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,000,000 each for two new elementary school buildings in the Kempsville Borough, and WHEREAS, each loan is to be paid in 20 annual installments with interest thereon at 4 percent paid annually. WHEREAS, City Council desires to support this request and believes it to be appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that applications to the State Board of Education of Virginia for loans of $2,000,000 each from the Literary Fund to the School Board of the City of Virginia Beach are hereby approved. This resolution shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the l~th day of ~l~c~ , 1985. March 18, 1985 Item II-K.2 - 22 - CONSENT AGENDA ITEM # 23361 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $260,000 from water and sewer retained earnings to the WATER AND SEWER CAPITAL PROJECTS FUND to cover unanticipated costs for various SMALL LINE IMPROVEMENTS. This Ordinance was ADOPTED in error on March 4, 1985. The Minutes have been AMENDED to reflect this correction from "ADOPTED" to "APPROVED on FIRST READING". This Ordinance had been brought to City Council on March 4, 1985 as a TRANSFER rather than an APPROPRIATION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 22a- A~ ORDINA~C~ TO APPROPRIATE $260,000 FROM WATER AND SE~ER RETAINED EARNINGS TO THE WATER AND SENER CAPITAL PROJECTS FUND TO COVER UNANTICIPATED COSTS FOR VARIOUS SHALL LINE INPROVEHENTS WHEREAS, the current capital improvement program includes project 5-304 Small Line Improvements designed for the replacement of undersized and deteriorating water mains and connections of dead end mains throughout the city, and WHEREAS, due unanticipated costs and contract changes, funds in project 5-304 are insufficient to pay for other needed improvements, and WHEREAS, the Public Utilities Department estimates the additional amount needed at $260,000 with such amount being available from Water and Sewer Retained gamings, and WHEREAS, included in the $260,000 are two projects along Clearfield Avenue and along Holly Road and 48th Street, ~rlth costs in excess of $50,000 each, and which should be established as separate projects, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that projects 5-991 Clearfield Avenue Main and 5-992 Holly Road and 18th Street Main are hereby established as capital projects and that $260,000 is hereby appropriated from Water and Sewer Retained Earnir~s to the Water and Sewer Capital Projects Fund as shown below to provide funds for various small water line projects. Appropriate to: 5-304 - Small Line Improvements 5-991 - Clearfield Avenue Main 5-992 - Holly Road and 48th Street Main Total $ 115,000 80,000 65t000 $ 260~000 Appropriate from: Water and Sewer Fund Retained Earnings $ 260~000 First Reading: Second Reading: March 4. 1985 March l~. lqR5 of Adopted by the Council of the City of Virginia Beach on the 18 day Ma~ch , 19 85- March 18, 1985 L-I-ORDI03 - 23 - item II-K.3 CONSENT AGENDA ITEM # 23362 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate $123,000 from the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT for RENTAL HOUSING REHABILITATION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members VotiL~g Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 23a- AN ORDINANCE TO ACCEPT AND APPROPRIATE $123,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR RENTAL HOUSING REHABILITATION WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has awarded the City of Virginia Beach a grant in the amount of $123,000 for use in Rental Housing Rehabilitation, and WHEREAS, the City of Virginia Beach has developed a Rental Housing Rehabilitation program containing the necessary mechanisms for implementation in compliance with federal and local directives, and WHEREAS, the use of these funds for Rental Housing Rehabili- tation will assist in the City's goal of eliminating deteriorated conditions in low and moderate income neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funding of $123,000 from HUD be accepted and appropri- ated for use in Rental Housing Rehabilitation. BE IT FURTHER ORDAINED that the appropriation be financed 100% by federal funds from HUD with no local match required. This ordinance shall be in effect from the date of its adoption. on the Adopted by the Council of the City of Virginia Beach, Virginia 18 day of March , lg85. FIRST READING: SECOND READING: Hatch 18, 1985 March 18, 1985 KAR/20RD15 Item II-K.4 - 24 - CONSENT AGENDA ITEM # 23363 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $143,393 for construction of a modular building to house the LAW LIBRARY and JUVENILE PROBATION OFFICES. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 24a - AN ORDINANCE TO APPROPRIATE $143,393 FOR CONSTRUCTION OF A MODULAR BUILDING TO HOUSE THE LAW LIBRARY AND JUVENILE PROBATION OFFICES WHEREAS, the construction of the Juvenile Court building and the addition of a Circuit Court Judge will require the relocation of the Law Library and portions of the Juvenile Probation Department, and WHEREAS, space is not available within this Municipal Complex for the relocation, and WHEREAS, after reviewing the alternatives, the Department of General Services recommends the construction of a modular building, and WHEREAS, the funds in the amount of $143,393 for the construc- tion of the modular building and related office renovations may be appropriated from the General Fund's Unreserved Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $143,393 are hereby appropriated from the General Fund's Unreserved Fund Balance for the construction of a modular building to house the Law Library and portions of the Juvenile Probation Department. This ordinance shall be in effect from the date of its adoption. on the Adopted by the Council of the City of Virginia Beach, Virginia 18 day of March , 1985. FIRST READING: March 11, 1985 March 18, 1985 SECOND READING: March 18, 1985 KAR/20RD16 Item II-K.5 - 25 - CONSENT AGENDA ITEM # 23364 Nick Wright, Chairman of the EROSION COMMISSION, spoke concerning the need for new dredging equipment. City Manager Thomas Muehlenbeck referenced memorandum from the Public Works Department concerning the three (3) options for proposed Rudee Inlet Dredging (Copy of said memorandum is hereby made a part of the record). Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to transfer $573,000 to establish a capital project for dredging the RUDEE INLET entrance channel, Accepted the LOW BID of NORFOLK DREDGING COMPANY, in the amount of $548,000, for the RUDEE INLET ENTRANCE CHANNEL AND SANDTRAP DREDGING; AND, Authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Robert G. Jones Council Members Abstaining: Nancy A. Creech Council Members Absent None This Ordinance had been incorrectly APPROVED on FIRST READING on March 11, 1985 (Item # 23338). This is an Ordinance to "TRANSFER" rather than "APPROPRIATE". March 18, 1985 - 25a- AN ORDINANCE TO ESTABLISH A CAPITAL PROJECT FOR DREDGING THE RUDEE INLET ENTRANCE CHANNEL AND TO TRANSFER APPROPRIATIONS IN THE AMOUNT OF $573,000. WHEREAS, the City desires to have the entrance channel of Rudee Inlet deepened to improve the passage of boats, and WHEREAS, it has been estimated that the cost of dredging the channel will be $573,000, and WHEREAS, the appropriations will be transferred from project #2-712 Dredging Eastern Branch Lynnhaven River. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that a capital project will be established to allow for the dredging of the Rudee Inlet Entrance Channel, with funding to be transferred from project #2-712 Dredging Eastern Branch Lynnhaven River. This ordinance shall be in effect from the date of its adoption. on the Adopted by the Council of the City of Virginia Beach, Virginia 18 March day of , lg85. KAR/20RD2 March 18, 1985 - 26 - Item II-K.6 CONSNT AGENDA ITEM # 23365 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate additional grant funds from the DEPARTMENT OF CORRECTIONS totaling $30,152 for the VIRGINIA BEACH COMMUNITY DIVERSION INCENTIVE PROGRAM. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 26a - AN ORDINANCE TO ACCEPT ADDITIONAL GRANT FUNDS FROM THE DEPARTMENT OF CORRECTIONS TOTALING $30,152 AND TO APPROPRIATE THESE FUNDS FOR THE VIRGINIA BEACH COMMUNITY DIVERSION INCENTIVE PROGRAM WHEREAS, the Virginia General Assembly has enacted the Community Corrections Incentive Program which makes funds available to jurisdictions within the Commonwealth for diverting qualified non-violent offenders from the State penitentiaries for the purpose of rehabilitating these offenders and allowing them to make restitution for their crimes; and WHEREAS, the City of Virginia Beach is currently operating such a program; and WHEREAS, the Department of Corrections has approved additional funding for the Virginia Beach Community Diversion Program for the period July 1, 1984 through June 30, 1985 for additional client services expenses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to accept additional funds for the Community Diversion Incentive grant and that these funds are hereby appropriated for the following purposes: Community Diversion Incentive Program Previous Grant Award from the Department of Corrections $ 90,072 Additional Funds from the Department of Corrections 30,152 Total Appropriations $120,224 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1985. FIRST READING: March 18, 1985 SECOND READING: March 18, 1985 - 27 - item II-K.7 CONSENT AGENDA ITEM # 23366 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FIRST READING, to allocate positions and provide accompanying appropriations for the INFORMATION SYSTEM COORDINATION OFFICE ($24,970). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 27a - AN ORDINANCE TO ALLOCATE POSITIONS AND PROVIDE ACCOMPANYING APPROPRIATIONS FOR THE INFORMATION SYSTEM COORDINATION OFFICE WHEREAS, microcomputing, word processing, and office automation can significantly enhance office and professional productivity, and WHEREAS, needs for microcomputing and word processing equipment are increasing in many departments, and WHEREAS, the recent executive reorganization places increased management emphasis on the development of coordinated microcomputer systems and the development of computer capabilities independent of the central pro- cessor, and WHEREAS, the need for two additional positions (one Microcom- puter System Specialist and one Microcomputer Technician) has been iden- tified by the City Manager for staffing of the Information System Coordination Office, and WHEREAS, the cost of the new positions and related supplies and equipment will by $24,970 for the remainder of FY 1984-85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that two positions be allocated to the FY 1985 Information System Coordination Office budget and that an appropriation of $24,970 be made to this budget, funded by a transfer of said amount from Reserve for Contingencies/Salary. This ordinance shall be in effect from the date of its adoption. on the Adopted by the Council of the City of Virginia Beach, Virginia 18 day of March , 1985. FIRST READING: SECOND READING: MINUTES AMENDED ON MARCH 25, 1985 TO REFLECT THAT THIS ORDINANCE WAS ACTUALLY ADOPTED ON MARCH 18, 1985, and DID NOT REQUIRE A FIRST AND SECOND READING. KAR/20RD14 APPROVED AS TO CONTENT Item II-K.8 - 28 - CONSENT AGENDA ITEM # 23367 Hector Rivera, Assistant City Manager for Human Services, responded to inquires concerning INDIGENT OBSTETRIC CARE. Mr. Rivera advised he had forwarded copies of his presentation on INDIGENT OBSTETRIC CARE to Members of the General Assembly, as well as the President of the Eastern Virginia Medical Association, the Administrator of the Virginia Beach General Hospital, and a variety of doctors inviting them to participate in a long-term Committee to deal with a range of Public Welfare issues. Dr. George C. Sjolund, Director of Public Health, advised City Council, neighboring cities did not afford allocations for INDIGENT OBSTETRIC CARE. The BLOCK GRANT EXPANSION funds from $200,000 to $300,000 which are to be available after July 1985, have been approved by the Regional Committee but official notification has not been recived. Dr. John W. Knispel, Medical Staff President, Virginia Beach General Hospital, spoke in support of the Ordinance to Transfer funds in the amount of $75,000 within the 1984-1985 fiscal year Health Department Budget for contracting of an indigent obstetrical care program through private physicians who have hospital privileges at Virginia Beach General Hospital. A MOTION was made by Councilwoman Creech, seconded by Councilman McCoy to ADOPT an Ordinance to transfer $75,000 for the MEDICALLY INDIGENT OBSTETRICAL CARE PROGRAM. A SUBSTITUTE MOTION was made by Councilman Jennings, seconded by Councilman Louis Jones, TO DEFER for one week an Ordinance to transfer appropriations for the MEDICALLY INDIGENT OBSTETRICAL CARE PROGRAM. Voting: 4-7 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, J. Henry McCoy, Jr., D.D.S., and Meyera Eo Oberndorf Council Members Absent: None March 18, 1985 - 29 - Item II-K.8 CONSENT AGENDA ITEM # 23367 (ContinUed) Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer appropriations for the MEDICALLY INDIGENT OBSTETRICAL CARE PROGRAM. Funds in the amount of $75,000 shall be trans- ferred within the 1984-1985 fiscal year Health Department Budget for con- tracting of an indigent obstetrical care program through private physicians at VIRGINIA BEACH GENERAL HOSPITAL. Voting: 7-4 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Absent: None March 18, 1985 - 29a - AN ORDINANCE TO TRANSFER APPROPRIATONS FOR THE MEDICALLY INDIGENT OBSTETRICAL CARE PROGRAM WHEREAS, the City in the 1984-1985 fiscal year operating budget of the Health Department included $150,000 for a program to handle the care of indigent obstetrical patients, and WHEREAS, that program was based upon the hiring of midwives for the care and subsequent review has recommended contracting the care with Virginia Beach General Hosptial, and WHEREAS, the contracting of the care for the remainder of the fiscal year will cost $75,000 which may be provided by the reallocation of funds originally scheduled for the midwife positions. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $75,000 be transferred within the lg84-1985 fiscal year Health Department budget for contracting of a indigent obstetrical care program through private physicians on a fee for service basis, who must have hospital privileges at Virginia Beach General Hospital. This ordinance shall be in effect from the date of its adoption. on the Adopted by the Council of the City of Virginia Beach, Virginia 18 day of March , 1985. March 18, 1985 KAR/20RD1 - 30 - Item II-K.9 CONSENT AGENDA ITEM # 23368 Upon motion by Councilwoman Henley, seconded by Councilwoman Obernddrf, 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 (PAVILION/DOME EVENTS). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 30a - 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 May 19, 1985 July 14, 1985 July 21, 1985 August 4, 1985 September 29, 1985 October 6, 1985 November 10, 1985 November 17, 1985 November 24, 1985 December 8, 1985 January 5, 1986 January 12, 1986 February 2, 1986 February 9, 1986 February 16, 1986 February 23, 1986 March 2, 1986 March 9, 1986 City Property Pavilion Pavilion Pavilion Pavilion Pavilion Pay il ion Pavilion Pavilion Pavilion Pavilion Pavilion Pavilion Dome Pavilion Pavilion Pavilion Pavilion Pavilion Event Navy Micro Computer Expo Oriental Crafts & Furniture Expo Coin and Stamp Show Grand Piano Festival Chinese Cultural Exhibition Chinese Cultural Exhibition Weapons Collectors Show Stamp Collectors Show Allied Florists Trade Show Kings Daughters Holly Festival Womans Leisure Show Antiques & Collectables Show Coin and Stamp Show Mid Atlantic Sports & Boat Show Mid Atlantic Sports & Boat Show Computer & Software Expo Recreational Vehicle Show Mid Atlantic Waterfowl Expo March 18, 1985 - 30b - April 13, 1986 April 13, 1986 April 20, 1986 April 27, 1986 May 11, 1986 May 25, 1986 July 13, 1986 September 7, 1986 November 30, 1986 December 28, 1986 Pavilion Dome Pavilion Pavilion Pavilion Pavilion Pavilion Pavilion Pavilion Pavilion C. I. Travel Showcase Womans Lifestyles Show International Auto Show Home Show Tidewater Coins Club Show Antique and Collectibles Show Beta Sigma Phi Crafts Show Science Fiction Festival Countryside Xmas Market Custom Auto Show 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 18 day of March · 1985. JDB/da 3/12/85 APPROVED AS TO CONTENT -2- March 18, 1985 -31 - Item II-K.10 CONSENT AGENDA ITEM # 23369 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to authorize and direct the City Manager to proceed with water service to KENT LANE. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 - 3la - AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO PROCEED WITH WATER SERVICE TO KENT LANE WHEREAS, residents of Kent Lane have met the 75% water service requirement of the City's policy for the extension of such service, and WHEREAS, the Department of Public Utilities recommends this utility extension as the area has wells of Iow quality water that may constitute a potential health hazard, and WHEREAS, the department estimates the cost of this utility extension at $11,900 and indicates that the project may be charged-to project 5-306 Water Distribution - 75%. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is authorized and directed to proceed with the extension of water service to Kent Lane and the project shall be funded as a part of project 5-306 Water Distribution - 75%. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 day of March , 1985. March 18, 1985 - 32 - Item II-K.11 CONSENT AGENDA ITEM # 23370 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED the following: RAFFLE PERMIT VIRGINIA BEACH LITTLE LEAGUE, INC. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Robert G. Jones March 18, 1985 Item II-L.1 - 33 - APPOINTMENTS ITEM # 23371 Upon NOMINATION by Councilman Baum, City Coumcil REAPPOINTED the following to the ADVISORY EROSION COMMISSION for a term beginning April 1, 1985 and ending March 31, 1989: Tazewell Hubard W. H. Kitchin, Jr. William R. Patton Jeremy Shulman Shirley Sudduth Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 34 - Item II-L.2 APPOINTMENTS ITEM # 23372 Upon NOMINATION by Vice Mayor McClanan, City Council REAPPOINTED James H. Agles to the HISTORICAL REVIEW BOARD for a term beginning April 1 1985 ~ and ending October 31, 1987. ' ' Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 35 - Item II-L.3 APPOINTMENTS ITEM # 23373 Upon NOMINATION by Councilwoman Oberndorf, City Council REAPPOINTED Councilwoman Barbara M. Henley to the PLANNING COUNCIL for a term beginning March 13, 1985 and ending March 31, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 36 - Item II-M.1 UNFINISHED BUSINESS THOUGHT PROCESSING EQUIPMENT ITEM # 23374 ADD-ON Councilman Robert Jones referenced Pam Godfrey of LANIER had advised Council Members the LANIER "Thought Processing" Equipment would respond to both "touch tone" and dial telephones. The survey of neighboring cities of comparable size as to their method of providing for the typing/secretarial needs of Council Members and the equipment utilized by these various localities should be received before the City Council Meeting of March 25, 1985. BY CONSENSUS, City Council RESCHEDULED the Ordinance to transfer $4,943 in appropriations for the purchase of THOUGHT PROCESSING EQUIPMENT to the City Council Meeting of March 25, 1985. March 18, 1985 Item II-M.2 - 37 - UNFINISHED BUSINESS NATIONAL LEAGUE OF CITIES ADD-ON ITEM # 23375 Councilwoman Oberndorf advised City Council she will be absent from the Council Meeting of March 25, 1985. She will be attending the NATIONAL LEAGUE OF CITIES meeting in Washington, D.C., commencing Saturday morning, March Twenty-third.,with a meeting of the Steering Committee on Energy, Environment and Natural Resources. March 18, 1985 Item II-N.1 - 38 - NEW BUSINESS INDUSTRIAL DEVELOPMENT REVENUE BONDS ADD-ON ITEM # 23376 Mayor Heischober referenced letter dated February 26, 1985, from the City Attorney to the City Manager concering EXECUTIVE ORDER NUMBER 54 (85), which establishes the procedure for Virginia's allocation for PRIVATE ACTIVITY BONDS imposed by the Deficit Reduction Act of 1984. (Said letter with attached memorandum from Assistant City Attorney Charles Salle' concerning EXECUTIVE ORDER NUMBER 54 (85) is hereby made a part of the record). Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED delegating responsibility for administering local allo- cation of INDUSTRIAL DEVELOPMENT REVENUE BONDS to the VIRGINIA BEACH DEVELOPMENT AUTHORITY under the same established criteria. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent None March 18, 1985 - 39 - ADJOURNMENT ITEM # 23377 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADJOURNED the meeting at 4:45 p.m. Voting: 11-0 Couacil Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Featress, Mayor Harold tteischober, i~arbara M. Henley, H. Jack Jem~ings, Jr., Louis R. Jones, Robert C. Joaes, Vice Mayor Reba S. McClanan, Meyera E. Oberndorl.-, ami J. llc~ry McCoy, Jr., D.1).S. Council Members Votiag Nay: None Council Members Absent Noae Beverly O. ltooks Chief Deputy City Cleric City of Virginia Beach Virginia /bh March 18, 1985