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Home My WebLink AboutOCTOBER 27, 1986 MINUTES City e>r Vi1~gir"l.ia I3eEl.cl-:l. "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, At Large VICE MAYOR MEYERA E. OBERNDORF, At Large ALBERT W. BALKO, Lynnhaven Barough JOHN A. BAUM, Blackwater Barough ROBERT E. FENTRESS, Virginia Beach Barough flAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Barough REBA S. McCLANAN, Princess Anne Barough JOHN D. MOSS, Kempsville Barough .",ANCY K PARKER, At Large JOHN L. PERRY, Bayside Barough RUTH HODGES SMITH, CMC, City Clerk CITY COUNCIL AGENDA 281 CITY HAU BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 October 27, 1986 Virginia Beach City Council ITEM I. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room 5:00 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFING E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. CEREMONIAL PRESENTATIONS - Council Chambers - 6:45 PM A. RESOLUTION OF APPRECIATION Albert W. Balko Captain C. H. Dorchester Bryan Evans, Jr. Louis R. Jones Nancy K. Parker John 1. Perry Barnett K. Thoroughood ITEM III. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers 7:00 PM A. INVOCATION: Reverend D. Michael Houff Lekies-Wesleyan Acres United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA II C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: October 20, 1986 F. PUBLIC HEARING 1 . PLANNING a. Application of S.A.S. Associates, a Virginia Limited Partnership for the discontinuance, closure and abandonment of a portion of Shell Road beginning at the intersection of Shell Road and Diamond Springs Road and running in a northeasterly direc tion a distance of 277.85 feet, the parcel being variable in width from 52.50 feet to 94.28 feet, containing 18,295 square feet (Bayside Borough) . Recommendation: APPROVAL b. Application of Chevron, U.S.A. for a Conditional Use Permit for a automobile service station and car wash at the southeast corner of Indian River Road and Level Green Boulevard, located at 6029 Indian River Road, containing 30,928 square feet (Kempsville Borough). Recommendation: APPROVAL c. Application of ANTHONY G. P-l Preservation District at 917 Prosperity Road, Borough) . IMPERIOLI for a Change of Zoning from to AG-2 Agricultural Distric t located containing 1.77 acres (Princess Anne This item was DEFERRED September 29, 1986. Recommendation: APPROVAL d. Application of Summit Properties, Inc. for a Change of Zoning District Classification from B-2 Community-Business District to H-l Hotel District on property located on the southeast side of Lynnhaven Parkway, 110 feet southwest of Lishelle Place on Parcel A2B, Lynnhaven Square, containing 1.81 acres (Lynnhaven Borough). Recommendation: APPROVAL e. Application of J. L. Caffrey for a Change of Zoning District Classification from R-5 Residential District to B-2 Community- Business District on certain property located on the west side of South Birdneck Road, 70 feet north of Jackson Lane, containing 20,470 square feet more or less (Lynnhaven Borough). Recommendation: DENIAL II G. RESOLUTIONS 1. Resolution requesting the 1987 General Assembly enact legislation to create and co-sponsor with the City of Virginia Beach mitigation of shoreline erosion and sand replenishment for the protection of shoreline properties along the Atlantic and Bay Shore beaches of Virginia Beach. AND, Resolution declaring City Council's support for nourishment of all local beaches, subject to necessary environmental and economic considerations; and, requesting the U.S. Army Corps of Engineers convene a Public Hearing in Virginia Beach for a report on shoreline erosion; and, requesting the U.S. Army Corps of Engineers consider disposal of the beach quality sand from the Norfolk Harbor and Channel dredging on all of Virginia Beach's Atlantic and Bay Shore beaches. H. ORDINANCES 1. Ordinances to AMEND and REORDAIN/or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM STATEWIDE BUILDING CODE: a. AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the Department of Permits and Inspections; b. REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94, 8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132 and 8-133 - Board of Building Code Appeals; c. AMEND and REORDAIN Section 8-26 - Uniform Statewide Building Cod e ; d. AMEND and REORDAIN Section 8-27 - Violations of the Uniform Statewide Building Code; e. AMEND and REORDAIN Section 8-28 - Penalties for Violation of the Uniform Statewide Building Code; f. AMEND and REORDAIN Section 8-69 - Board of Building Code Appeals; g. AMEND and REORDAIN Section 8-70 - Qualifications of Members of the Board of Building Code Appeals; h. AMEND and REORDAIN Section 8-71 - Removal of Members of the Board of Building Code Appeals; ~. AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building Code of Appeals; J. AMEND and REORDAIN Section 8-75 - Appeals Generally; k. AMEND and REORDAIN Section 8-158 - Revocation of Certificates of Competency of Plumbers; 1. AMEND and REORDAIN Sec tion 8-198 - Suspension or Revocation of Certificates of Competency of Electricians; m. AMEND and REORDAIN Section 16-1 - Designation of the Housing and Property Maintenance Code; n. AMEND and REORDAIN Section 16-2 - Deleting the Definition of the term "Board"; o. AMEND and REORDAIN Section 16-3 - Purpose of the Housing and Property Maintenance Code; p. ADD Section 16-3.1 - Adoption of Volume Two of the Uniform Statewide Building Code; I' q. REPEAL Sections 16-4, 16-9, Articles II, III, IV, V Maintenance; 16-12, 16-13, 16-14, and VI Housing 16-15, 16-16, and Property r. AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the Housing and Property Maintenance Code; s. AMEND and REORDAIN Section 16-10 Inspections; Local Planning Authority t. AMEND and REORDAIN Section 16-11 - Violations of the Housing and Property Maintenance Code. 2. Ordinance to authorize acquisition of property in fee simple for right-of-way for intersection of Old Great Neck Road and Reagan Avenue and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 3. Ordinance authorizing the City Manager and City Treasurer to enter into an agreement with the Hampton Roads Sanitation District for the receipt and processing of certain district service charges and the collection of a fee from district customers. I. CONSENT AGENDA All matters listed under ordinary course of business motion in the form listed. Agenda, it will be discussed the Consent Agenda are considered by City Counc il and will be enac ted If an item is removed from the and voted upon separately. ~n the by one Consent 1. RESOLUTIONS OF APPRECIATION: a. Albert W. Balko b. Captain C. H. Dorchester c. Bryan Evans, Jr. d. Louis R. Jones e. Nancy K. Parker f. John L. Perry g. Barnett Thoroughgood 2. Ordinance upon SECOND READING to accept and appropriate grants ~n the amount of $30,429 from the Southeastern Virginia Areawide Model Program (SEVAMP) to the Department of Mental Health and Mental Retardation, Health Department for Health Education and Screening, Department of Parks and Recreation for Transportation, and Nutritional Program. 3. Ordinance to Transfer $73,000 of Capital Project Funds for the Establishment of Water and Sewer Capital Projects for Hawkins Lane. 4. Ordinance authorizing License Refunds ~n the amount of $21,479.98. J. UNFINISHED BUSINESS Parking Lot - West End of City Hall Building K. NEW BUSINESS L. ADJOURNMENT - 14 - Item II-E. 1 .a MINUTES ITEH # 26284 Upon motion by Vice Hayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of October 27, 1986, as AMENDED: Councilwoman McClanan adivsed: ITEM # 26249, page 18. ORDINANCE UPON APPLICATION OF SUMMIT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 10861126 The Borough was incorrectly stated in both the AGENDA and the MINUTES as LYNNHAVEN BOROUGH. Same should be the PRINCESS ANNE BOROUGH. This should also be corrected in the SUMMARY OF COUNCIL ACTIONS. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 27, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, October 27, 1986 at 5:00 P.M.. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None II - 2 - MATTERS BY THE MAYOR BUILDING CODE AMENDMENTS ITEM # 26230 Mayor Jones referenced the Ordinances to AMEND and REORDAIN/or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS AND UNIFORM STATEWIDE BUILDING CODE. (See Item II-H.1a/t under ORDINANCES). Robert Loher, Director of Permits and Inspections and William Macali, Assistant City Attorney, was in attendance to respond to City Council inquiries. Robert Loher advised practically all of Article III, Environmental Requirements, has been deleted from the BOCA Code. Ci ty Council may still ADOPT Ordinances relative same unless they pertain to the structural portion of a building. The existing Fire Prevention Code covers that particular Article relative to OPEN FIRES. Councilman Fentress advised the BOARD OF BUILDING CODE APPEALS currently was composed of excess members, an Attorney and two General Contractors. ... _......./ II - 3 - CON C ERN S 0 F C I T Y C 0 U N C I L TRT COMMISSION ITEM # 26231 Councilwoman Henley referenced her attendance at the Norfolk Ctiy Council Meeting. The TIDEWATER TRANSPORTATION DISTRICT COMMISSION presented their Annual Report. This was not a report on just the light rail but on the entire scope of their services. The Norfolk City Council expressed a similar reaction to our City Council concerning a link to the NAVAL OPERATING BASE. CHROME ITEM # 26232 Councilwoman Henley referenced her attendance at the Annual Meeting of CHROME (Co-Operative Hampton Roads Organizations for Minorities in Engineering). This group is comprised of individuals from local businesses working with miniority students to encourage engineering professions. CHROME is currently working with 350 students in 15 districts. The Board of Directors of the Planning Council is meeting on Tuesday, October 28, 1986. SCHOOL BOARD APPOINTMENTS ITEM # 26233 Councilwoman Henley requested discussion of Scheduling and Procedures for the PUBLIC HEARING on SCHOOL BOARD APPOINTMENTS be added to the AGENDA. This item will be ADDED under NEW BUSINESS. VEPCO ITEM # 26234 Councilwoman McClanan referenced a letter from the HOTEL/MOTEL ASSOCIATION and suggested a RESOLUTION might be drafted to the STATE CORPORATION COMMISSION concerning electricity outages at the Beach. BILLBOARD VARIANCE ITEM # 26235 Councilwoman Parker referenced a Variance to a Billboard (Case 3 Dimitrios T. Kouloukis and Edwin B. Lindsley, Jr.) brought before the Board of Zoning Appeals on October 15, 1986. Assistant City Attorney William Macali advised City Council this item entailed placing parking spaces on the same lot as the Billboard which was already in place at this location. The Board of Zoning Appeals did not allow them to place a Billboard here. The only improvement involved the parking lot. - 4 - CON C ERN S 0 F C I T Y C 0 U N C I L VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION (NOW VIRGINIA DEPARTMENT OF TRANSPORTATION) ITEM # 26235 Councilman Balko advised today, October 27, 1986, he attended the Suffolk District Office of the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORATION'S PREALLOCATION HEARING. C. Oral Lambert, Jr., Director of Public Works, presented the City's priorities to fully fund the proj ects curently scheduled in the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION SIX-YEAR IMPROVEMENT PROGRAM. Mr. Lambert conducted his presentation in a superior manner. Fact Sheets were distributed to City Council and are hereby made a part of the record. BILLBOARD ORDINANCE ITEM # 26236 Councilman Moss advised he and Councilwoman McClanan had met with Dale Bimson, City Attorney and, Kevin Cosgrove, Assistant City Attorney, concering revision of the BILLBOARD ORDINANCES. Said Ordinances will be SCHEDULED for the City Council Meeting of November 4, 1986, for possible referral to the PLANNING COMMMISSION. I' - 5 - CITY MANAGER'S ITEMS ITEM # 26237 The City Manager referenced the LEGISLATIVE PACKAGE and City Council's concerns relative this Package. The following items have presently been requested by individual Council Members: 1. Direct Election of School Board Members 2. Resolution on the Tax Windfall 3. Ban on Phosphates. 4. Tree Protection Ordinance Councilman Baum referenced the longer the list, the less effective it becomes. BY CONSENSUS, each issue proposed to be submitted in the LEGISLATIVE PACKAGE will be listed on an Index Sheet and be presented in a WORKSHOP SESSION on November 10, 1986. ITEM # 26238 The City Manager distributed an Ordinance to Amend and Reordain Section 23-3 of the Code of the City of Virginia Beach, Virginia, pertaining to prohibited Trick or Treat Activities; and, an Ordinance to Transfer funds in the amount of $170,000 within the 1986-1991 Capital Improvement Program for the Resort Area and create the 19th Street Parking/Dome Landscape and Site Improvement Project. This Ordinances will be ADDED under ORDINANCES of the FORMAL AGENDA. The City Manager requested NO ACTION be taken upon an Ordinance authorizing the City Manger and City Tresurer to enter into an agreement wiht the Hampton Roads Sanitation District for the receipt and processing of certain District service charges and the collection of a fee from District (See Item II-H.3 of ORDINANCES) . This item shall be DELETED. - 6 - INFORMAL SESSION BRIEFING VIRGINIA BEACH COASTAL STUDY COMMITTEE October 27, 1986 Richard Browner, Chairman of the VIRGINIA BEACH COASTAL STUDY COMMITTEE presented the Status of the Committee I s report. A copy of this report was distributed to City Council and is hereby made a part of the record. Mr. Browner requested City Council ADOPT a Resolution encouraging the Board of Engineers for Rivers and Harbors and the Corps of Engineers to RECONSIDER their decision and allow time for public response to changes made to the Corps' Report. This would enable the Board and the Corps to have the benefit of the VIRGINIA BEACH COASTAL STUDY COMMITTEE's REPORT. Mr. Browner advised, to ensure accuracy, the Statement of Existing Conditons Impacting Various "Reaches" of Beach within the City of Doctors Ortel and Byrne will be completed on October 30, 1986, rather than October 23, 1986. Concerning Recommendations Related to Possible Sources of Sand for Initial Buildup and On-going Nourishment with Cost Estimates this should be completed the first week in November. Legal Issues Related to Beach Ownership will be completed by the second week of November. Concerning Possible Sources of Funding and Alternative Plans and Courses of Action Recommended for Various "Reaches" of Beach, a presentation could be made to City Council on November 17, 1986 or November 24, 1986. Mr. Brower recommended a JOINT WORKSHOP with the State Legislators. - 7 - ITEM # 26239 Mayor Jones entertained a motion to permit City EXECUTIVE SESSION pursuant to Section 2.1-344, amended, for the following purposes: Council to conduct its Code of Virginia, as 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consul ta tion with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 8 - Item II-A. CEREMONIAL PRESENTATIONS ITEM # 26240 City Council presented RESOLUTIONS OF APPRECIATION to: Albert W. Balko PLANNING COMMISSION Captain C. H. Dorchester WETLANDS BOARD Bryan Evans, Jr.* PLANNING COMMISSION Louis R. Jones* SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION SOUTHEASTERN VIRGINIA PUBLIC SERVICE AUTHORITY Nancy K. Parker PLANNING COMMISSION John L. Perry VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Barnett Throughgood COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMMITTEE These RESOLUTIONS recognized the dedication and unselfish service of the aforementioned individuals on their various BOARDS AND COMMISSIONS. *The Honorable Louis R. Jones and Bryan Evans were unable to attend the CEREMONY. - 9 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL October 27, 1986 7:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 27, 1986, at 7:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend D. Michael Houff Lekies-Wesleyan Acres United Mehtodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA .... ,........./ - 10 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26241 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City CouGncil ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item III-D.1 ORDINNACES ITEM # 26242 The City Manager referenced Ordinances authorizing the City Manager and City Treasurer to enter into an agreement with the Hampton Roads Sanitation District for the receipt and processing of certain district service charges and the collection of a fee from the district customers. (See Item II-H.3 of the CONSENT AGENDA). With the concurrance of City Council, this particular item will be DELETED from the Agenda. The City Manager referenced two ADD-ON Ordinances, an Ordinance to Transfer Funds in the amount of $170,000 within the 1986-1991 Capital Improvement Program for the Resort Area; and, an Ordinance to Amend and Reordain Section 23-3 of the Code of the City of Virginia, Beach, Virginia, pertaining to prohibited Trick or Treat Activities. These items will be ADDED-ON as Item 11- H.3 and II-H.4 under ORDINANCES. Item III-D.2 NEW BUSINESS ITEM # 26243 ADD-ON Councilwoman Henley referenced discussion of a Schedule for PUBLIC HEARINGS relative SCHOOL BOARD APPOINTMENTS and requested this be added under NEW BUSINESS. - 11 - Item III-E.1.a MINUTES ITEM # 26244 Upon motion by Councilman Moss, seconded by Vice Mayor Obermorf, City Council APPROVED the MINUTES of October 20, 1986. Councilwoman Henley advised the reason for the ABSTENTION of Vice Mayor Meyera Oberndorf relative Resolutions approving the issuance of Industrial Development Revenue Bonds to HAYNES FURNITURE COMPANY, INC., was not listed. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None All reasons for ABSTENTION shall be recorded in the Minutes of the City Council Meetings, as well as the MINUTES of all Boards and Commissions which fall within the guidelines of the CONFLICT OF INTERESTS ORDINANCE. '" ,....,..../ - 12 - Item III-F.1a./e. PUBLIC HEARING PLANNING ITEM # 26245 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. S.A.S. ASSOCIATES, a VIRGINIA LIMITED PARTNERSHIP STREET CLOSURE b. CHEVRON, U.S.A.. CONDITIONAL USE PERMIT c. ANTHONY G. IMPERIOLI CHANGE OF ZONING d. SUMMIT PROPERTIES, INC. CHANGE OF ZONING e. J. L. CAFFREY CHANGE OF ZONING ~_~_~__ ~~ ~noL - 13 - Item III-F.1.a. PUBLIC HEARING PLANNING ITEM # 26246 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED for COMPLIANCE in 180 days to April 27, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Shell Road in the petition of S.A.S ASSOCATES Application of S.A.S. Associates, a Virginia Limi ted Partnership, for the discontinuance, closure and abandonment of a portion of Shell Road beginning at the intersection of Shell Road and Diamond Springs Road and running in a northeasterly direction a distance of 277.85 feet. Said parcel is variable in width from 52.50 feet to 94.28 fee and contains 18,295 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into the parcel owned by S.A.S. Associates to avoid the creation of a nonconforming lot and to insure that all lots have access to a public street. 2. The applicant will be responsible for relocating existing Virginia Power facilities and/or provide necessary easements for those facilities. 3. Dedication and improvement of a cul-de-sac at the eastern terminus of the area to be closed. This condition shall be deleted upon the approval of an application for a Change of Zoning District Classification for 0-1 Office District. 4. Dedication of a utility easement as determined by the Department of Utilities. 5. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 6. Closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. - 14 - Item III-F.1.a. PUBLIC HEARING PLANNING ITEM # 26246 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye JY, CROMWELL, BETZ & LUSTIG, P,C, '" rrOANEYS AT LAW - 14a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS SHELL ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTION OF SHELL ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by S. A. S. Associates, a Vir~inia Limited Partnership, that they would make application to the Council of the City of Virginia Beach, Virginia, on AU~U8t;4 1986, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of 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, and vacated: THAT ~ERTAIN portion of Shell Road containing approximately 0.420 acres, beginning at a point at the Northeast corner of the intersection of Diamond Springs Road and Shell Road, as established, thence, from said point of beginning, along the northern right-of-way line of Shell Road along the arc of a curve with a radius of 979.93 feet, an arc distance of 277.85 feet to a point; thence S 230 12' 28" E, a distance of 52.50 feet to a point on the southern right-of-way line of Shell Road; thence, along the southern right-of-way line of Shell Road, along the arc of a curve with a radius of 927.43 feet an arc distance of 150.44 feet to a point; thence S 220 07' 45" W, a distance of 84.19 feet to a point; thence S 580 34' 42" W a distance of 44.96 feet to a point at the southeastern intersection of Diamond Springs Road and Shell Road; thence along the eastern right-of-way line of Diamond Springs Road along the arc of a curve with a radius of 190.00 feet, an arc distance of 94.28 feet to the Point of Beginning as shown on that certain plat entitled "PLAT SHOWING PORTION OF SHELL ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated May, 1986 and prepared by Basgier and Associates, P.C. - 1 - October 27, 1986 - 14b - Said parcel of land being a portion of Shell Road as indicated on that certain plat of property to be vacated East of what is presently Diamond Springs Road, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. CROMWELL, BETZ I LUSTIG, P,C. -rORNEYS AT LAW reb - 2 - - 1 4c - Gt:Y, CRO?tIWELL, BETZ Be IXSTlo, P. C. ATTORNEYS AND COUNSELOR"; AT LAW R.1C1U.RD D GUY W...YlfB LU8TIO Roaa"T B. C"OMWIlLL. JR, TuoMA. P. BBTZ.JIl. BOW.....D R. SYD!S;JR. JBrPJU!Y B. B.\J<<MAJUlR JUDITH M. COPIELD TaOMAS ' S. C...1lJnl8 R.EDWAllD BOURDON,J... OBOII01l M. KBLLJlY. m C. KBn ALL1BON P.,..BIIO&)!:: ()PricE PA" TE1..EPHONE ~<)q-6qT1 AREA COD~ 604 P.M..O&H ONB-S\:IYB ~w~ VIBOINlA BEACH, VUlOINJA lla.a6Il-11911Q TELEX fl9-~460 June 18, 1986 I, R. Edward Bourdon, Jr., attorney for S.A.S. Associates, do hereby certify that: 1. I am an attorney at law and represent S.A.S. Associates, a Virginia Limited Partnership. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council, of the City of Virginia Beach, Virginia, then title to said street will vest in the owners of the fee in all adjacent property, subject to the right of the City of Virginia Beach to require compensation in accordance with Section 15.1-366 of the Code of Virginia, 1950, as amended. 3. The portion of street to be closed, referred to herein, is described as follows: THAT CERTAIN portion of Shell Road containing approximately 0.420 acres, beginning at a point at the Northeast corner of the intersection of Diamond Springs Road and Shell Road, as established, thence, from said point of beginning, along the northern right-of-way line of Shell Road along the arc of a curve with a radius of 979.93 feet, an arc distance of 277.85 feet to a point: thence S 230 12' 28" E, a distance of 52.50 feet to a point on the southern right-of-way line of Shell Road: thence, along the southern right-of-way line of Shell Road, along.the arc of a curve with a radius of 927.43 feet an arc distance of 150.44 feet to a point: thence S 220 07' 45" W, a distance of 84.19 feet to a point: thence S 580 34' 42" W a distance of 44.96 feet to a point at the southeastern intersection of Diamond Springs Road and Shell Road: thence along the eastern right-of-way 1 ine of Diamond Springs Road along the arc of a curve October 27, 1986 - 14d - GUY, CROMWELL, BETZ Be LUSTIG, P. C. Page 2 June 18, 1986 with a radius of 190.00 feet, an arc di~tance of 94.28 feet to the Point of Beginning as shown on that certain plat enti tIed "PLAT SHOWING PORTION OF SHELL ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated May, 1986 and prepared by Basgier and Associates, P.C. GUY, CROMWELL, BETZ & LUSTIG, P.C. reb - 15 - Item III-F. b PUBLIC HEARING PLANNING ITEM # 26247 William T. Brooks, Engineer with Langley and McDonald, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application for CHEVRON, U.S.A., INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHEVRON, U.S.A., INC. FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND CAR WASH R01086985 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applcation of Chevron, U.S.A., Inc. for a Conditional Use Permit for an automobile service station and car wash at the southeast corner of Indian River Road and Level Green Boulevard. Said parcel is located at 6029 Indian River Road and contains 30,928 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Category I screening be provided along the southern property line of the site. 2. Dedication of right-of-way along Indian River Road in accordance with plans on file in the Office of the City Engineer. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of October, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item III-F. c PUBLIC HEARING PLANNING ITEM # 26248 Donald Harris, a Grower, represented the applicant Charles Pitts, resident of Prosperity Road, advised he was not in OPPOSTION to the Voluntary agreement submitted on behalf of ANTHONY G. IMPERIOLI Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of ANTHONY G. IMPERIOLI for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF ANTHONY G. IMPERIOLI FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM P-1 TO AG-2 Z010861125 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Anthony G. Imperioli for a Change of Zoning District Classification from P-1 Preservation District to AG-2 Agricultural District on certain property located 130 feet south of Prosperity Road beginning at a point 520 feet more or less east of General Booth Boulevard. Said parcel is located at 917 Prosperity Road and contains 1.77 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following requirement shall be met: 1. A 15-foot dedication of right-of-way along Prosperity Road. The following conditions shall also be required: 2. The applicant shall plan and maintain Category II landscape screening on the southern-side of the property. 3. The applicant agrees that he shall be permitted to install plantings within the area to be dedicated for right-of-way purposes, but that he shall be required to remove same within sixty (60) days of his receiving notice from the City that road construction within the area has been scheduled. 4. The applicant agrees to install and maintain landscaping on the northern-side of the property facing Prosperi ty Road as described on the landscape drawing on file with the Department of Planning. 5. The applicant agrees to repair and restore to good order all structures currently exisi ting on the property wi thin one (1) year of the date of this agreement. - 17 - Item III-F. c PUBLIC HEARING PLANNING ITEM # 26248 (Continued) 6. The applicant agrees that he will not destroy or remove any trees wi thin 20 feet of the southern boundary line of the property, adjacent to Redwing Park, unless he has first obtained the authorization of the City Arborist. 7. The applicant agrees to install and maintain a split-rail fence across the front of the property along Prosperity Road. 8. The applicant agrees that he will not conduct any retail sales on the property. 9. Voluntary Agreement encompassing conditions and restrictions between Anthony G. Imperioli and the Ci ty of Virginia Beach shall be recorded in the Clerk's Office of the Circuit Curt of the City of Virginia Beach upon signature of Anthony G. Imperioli. (Said Agreement is hereby made a part of the proceedings). These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of October, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 17a - ANTHONY G. IMPERIOLI TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of October, 1986, between ANTHONY G. IMPERIOLI, (Grantor), of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (Grantee), of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from P-1 to AG-2, Agricultural, on certain property containing a total of 1.77 acres, more ,or less, in Princess Anne Borough, in the City of Virginia Beach, Virginia, located on the Prosperity Road, said property being referred to herein- after as "the property," and being generally described as 2.18 acres, it being the same property conveyed to the Grantor by deed dated May 2, 1978 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1777, at page 278; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including agricultural purposes, through zoning and other land development legislation; and WHEREAS, the Grantor, acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including agricultural, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned AG-2 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the October 27, 1986 Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the AG-2 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however~ that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or sUbstantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the grantor, for himself, his successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the 2 physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Grantor agrees to dedicate to the City a strip of property 15' wide on the northern-side of the property, running along Prosperity Road, for right-of-way purposes. 2. The Grantor shall plant and maintain category 2 landscape screening on the southern-side of the property. 3. The Grantor understands and agrees that he shall be permitted to install plantings within the area to be dedicated for right-of-way purposes, but that he shall be required to remove same within sixty (60) days of his receiving notice from the City that road construction within the area has been scheduled. 4. The Grantor agrees to install and maintain landscaping on the northern-side of the property facing Prosperity Road as shown and described on the landscape drawing which is on file with the Department of Planning. 5. The Grantor agrees to repair and restore to good order all structures currently existing on the property within one (I) year of the date of this agreement. 6. The Grantor agrees that he will not destroy or remove any trees within 20 feet of the southern boundary line of the property, adjacent to Redwing Park, unless he has first obtained the authorization of the City Arborist. 7. The Grantor agrees to install and maintain a split- rail fence across the front of the property along Prosperity Road. 8. The Grantor agrees that he will not conduct any retail sales on the property. 3 All references hereinabove to the P-1 and AG-2 districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of October 27, 1986, which is by this referenced incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by the decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals. (SEAL) Anthony G. Imperioli STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, I, State of Virginia Imperioli, whose to-wit: , a Notary Pubic in and for the at Large, do hereby certify that Anthony G. name is signed as Grantor to the foregoing 4 instrument bearing date on the 27th day of October, 1986, has acknowledged the same before me in the City and State aforesaid. Given under my hand this day of 1986. Notary Public My commission expires 5 - 18 - Item III-F.1.d.. PUBLIC HEARING PLANNING ITEM # 26249 Attorney Grover Wright represented the applicant and presented an Agreement proferring certain conditions of the application The City Clerk referenced a letter from Captain J. J. Drew, advising said application lies in the Naval Air Station Oceana Air Installations Compatible Use Zones (AICUZ) High Noise Zone Three. (Said letter is hereby made a part of the record) The City Clerk further advised of a telephone call from Lieutenant Commander Al Petrie who reiterated the Navy's position and advised he would be unable to attend due to illness. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of SUMMIT PROPERTIES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF SUMMIT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 2010861126 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Summit Properties, Inc. for a Change of Zoning District Classification from B-2 Community-Business District to H-1 Hotel District on property located on the southeast side of Lynnhaven Parkway, 110 feet southwest of Lishelle Place on Parcel A2B, Lynnhaven Square. Said parcel contians 1.81 acres. Plats with more detailed information are available in the Department of Planning. ~~~~~~ PRINCESS ANNE BOROUGH The following conditions shall be required: 1. There shall be no more than 94 lodging units constructed on this property. 2. The building height of restricted to two stories whichever is less. the hotel shall be in height or 35-foot 3. The property shall be used solely for lodging purposes. There shall be no food nor beverage service and no restaurant. 4. All buildings and other structures shall be set back 25 feet from the southern boundary line abutting the existing residential development in the 25-foot rear yard setback area. 5. No parking is permitted in the rear of the building, adjacent to the existing residential development. Off-street parking on the property itself shall be at the rate of one space per lodging unit. 6. The ingress/egress to and from the proprety and public streets shall be by way of an existing 25- foot access easement to the west off Lynnhaven Parkway and a 22-foot access easement to the east off Lishelle Place and no new curb cuts shall be allowed for the property. - 19 - Item III-F.1.d. PUBLIC HEARING PLANNING ITEM # 26249 (Continued) 7. Category II screening materials shall be provided along the southern boundary abutting the existing residential development which shall include mature trees and a solid screen pri vacy fence of substantial construction and made of salt-treated materials. 8. All exterior lighting provided to be low illumina ted and oriented towards the interior to the site. 9. A Voluntary Agreement encompassing conditions and restrictions between Summit Properties, Inc.and the Ci ty of Virginia Beach shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach This Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of October, Nineteen Hundred and Eighty-six. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None - 20 - Item III-F. 1. e PUBLIC HEARING PLANNING ITEM # 26250 J. L. Caffrey, the applicant, represented himself Reverend Barnett Thoroughgood, President of the Seatack Civic League spoke in OPPOSITION Upon motion by Councilman Balko, seconded by Councilman Perry, Ci ty Council DENIED an Ordinance upon application of J. L. CAFFREY for a Change of Zoning: ORDINANCE UPON APPLICATION OF J. L. CAFFREY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J. L. Caffrey for a Change of Zoning District Classifcaiton fom R-5 Residential District to B-2 Community-Business District on certain property located on the west side of South Birdneck Road, 70 feet north of Jackson Lane. Said parcel contains 20,470 square feet more or less. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. SEATACK TARGET AREA Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, John L. Perry and Nancy K. Parker Council Members Voting Nay: Council Members Absent: None - 21 - Item III-G.1 RESOLUTIONS ITEM # 26251 Richard Browner, Chairman of the Virginia Beach Coastal Study Commi ttee, advised advised, to ensure accuracy, the Statement of Existing Conditions Impacting Various "Reaches" of Beach within the City of Doctors Ortel and Byrne will be completed on October 30, 1986, rather than October 23, 1986. Concerning Recommendations Related to Possible Sources of Sand for Initial Buildup and On-going Nourishment with Cost Estimates this should be completed the first week in November. Legal Issues Related to Beach Ownership will be completed by the second week of November. Concerning Possible Sources of Funding and Alternative Plans and Courses of Action Recommended for Various "Reaches" of Beach, a presentation could be made to City Council on November 17 or November 24, 1986. A possibile Joint Session with the State Legislators might be considered. The following spoke in SUPPORT of the SANDBRIDGE BEACH RESTORATION ASSOCIATION'S Resolutions and in OPPOSITION to those presented by CITY STAFF: Attorney Robert Cromwell represented the Sandbridge Beach Restoration Association Colonel John W. Devans, Ret., Corps of Engineers Helen McDonald, Secretary of the Sandbridge Beach Restoration Association Judy Gearhart, resident of Sandbridge Jeffrey Creamer, resident of Pittsburg who recetly purchased a home on Sandfiddler Road in Sandbridge. BY CONSENSUS, City Council SCHEDULED for two weeks hence (November 10, 1986) the following Resolutions: CITY STAFF'S RESOLUTIONS: Resolution requesting the 1987 General Assembly enact legislation to create and co-sponsor with the City of Virginia Beach mitigation of shoreline erosion and sand replenishment for the protection of shoreline properties along the Atlantic and Bay Shore beaches of Virginia Beach. AND, Resolution declaring City Council's support for nourishment of all local beaches, subject to necessary environmental and economic considerations; and, requesting the U.S. Army Corps of Engineers convene a Public Hearing in Virginia Beach for a report on shoreline erosion; and, requesting the U.S. Army Corps of Engineers consider disposal of the beach quality sand from the Norfolk Harbor and Channel dredging on all of Virginia Beach's Atlantic and Bay Shore beaches. SANDBRIDGE BEACH RESTORATION ASSOCIATION'S RESOLUTIONS: Resolution to request the Virginia General Assembly: To enact legislation creating an equal partnership between State and Local Government in beach preservation; Item III-G.1 RESOLUTIONS - 22 - ITEM # 26251 (Continued) To co-sponsor and cost-share with the City of Virginia Beach sand replenishment of the entire Atlantic Shoreline of the City of Virginia Beach, including Sandbridge Beach; That the General Assembly resolve to request and encourage the Federal Goverment to restore its beaches on the Atlantic Shoreline of Virginia Beach. Resolution to request the Virginia General Assembly: Amend Virginia's State Code Section 10-217 to correct errors and allow the establishment of an EROSION CONTROL LINE for the purpose of a Beach Erosion Control and Hurricane Projection Project and the development and enhancement of public beaches on all of the Atlantic Shoreline in the City of Virginia Beach; That the Atlantic Shoreline, from the United States Naval Fleet Combat Training Center at Dam Neck (to and including Little Island Park), be included on the list of public beaches in Virginia under State Code Section 10-217. Resolution: Virginia Beach City Council immediately request the Board of Engineers for Rivers and Harbors, and the Chief of U.S. Army Corps of Engineers, by separate letters, reconsider their decisions and allow time for public response to changes made to the Corps' report that were not covered under a separate public notice; That the City of Virginia Beach will actively participate and assist in obtaining a positive recommenda tion from the U. S. Army Corps of Engineers in a timely manner; Tha t, in a timely manner, the City of Virginia Beach will place in top priority Congressional authorization(s) of Beach Erosion Control and Hurricane Protection for the entire Atlantic Shoreline. Resolution requesting the Virginia Beach City Council immediately appropriate and fund a minimum of $2.5-Million for beach replenishment at Sandbridge as an emergency declaration to alleviate impending disaster and existing jeopardy to be used either solely or in conjunction with a Federal and/or State project or any combination thereof. In the event, Federal and/or State funds are not available in a timely manner, the City of Virginia Beach will forthwith apply funds first for the areas of Sandbridge exhibiting the greatest need. - 23 - Item III-G.1. RESOLUTIONS ITEM # 26251 (Continued) Resolution that the Virginia Beach City Council request: Tha t the U. S. Army Corps of Engineers promptly declare all of the beaches in the City of Virginia Beach, including Sandbridge, as disposal sites for the beach quality sand from the deepening and dredging of the Norfolk Harbor and Channel and such distribution to be on an equitable basis; That the Governor of the Commonwealth make the same request for a cost-share equally with the State of Virginia and the City of Virginia Beach for the increased costs, if any, above those required for alternative sand disposal methods. Councilwoman McClanan will preside as Chairman of a Council Committee, composed of Councilpersons Balko, Henley and McClanan, and such will confer with Staff representatives of the City Attorney, Public Works, Engineering and Members of the Sandbridge Beach Restoration Assocation to compose Resolutions addressing all concerns. Particular emphasis shall be placed on the four points which need to be addressed: 1. Immediately requesting the Board of Engineers for Rivers and Harbors and the U.S. Army Corps of Engineers to reconsider their decision and allow time for public response to changes made to the Corps of Engineers I report that were not covered under a Public Notice. 2. Requesting the City Attorney's expeditiously determine ownership. Office to 3. Pursue, with diligence, SAND from the FEDERAL projects. negotiations NAVIGATION concerning dredging 4. Causing the General Assembly to be aware of the erosion on Public Beaches in the City. - 24 - Item III-H.1 ORDINANCES ITEM # 26252 Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council ADOPTED: Ordinances to AMEND and REORDAIN/or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS and UNIFORM STATEWIDE BUILDING CODE: AMEND and REORDAIN Sections 2-247 and 2-249 - Divisions of the Department of Permits and Inspections; REPEAL Sections 8-10, 8-74, 8-76, 8-77, 8-91, 8- 92, 8-93, 8-94, 8-95, 8-96, 8-97, 8-98, 8-99, 8- 131, 8-132 and 8-133 - Board of Building Code Appeals; AMEND and REORDAIN Section 8-26 Statewide Building Code; Uniform AMEND and REORDAIN Section 8-27 - Violations of the Uniform Statewide Building Code; AMEND and REORDAIN Section 8-28 - Penal ties for Violation of the Uniform Statewide Building Code; AMEND and REORDAIN Section 8-69 - Board of Building Code Appeals; AMEND and REORDAIN Section 8-70 - Qualifications of Members of the Board of Building Code Appeals; AMEND and REORDAIN Section 8-71 - Removal of Members of the Board of Building Code Appeals; AMEND and REORDAIN Sections 8-72 and 8-73 - Board of Building Code of Appeals; AMEND and REORDAIN Section 8-75 Generally; Appeals AMEND and REORDAIN Section 8-158 - Revocation of Certificates of Competency of Plumbers; AMEND and REORDAIN Section 8-198 - Suspension or Revocation of Certificates of Competency of Electricians; AMEND and REORDAIN Section 16-1 - Designation of the Housing and Property Maintenance Code; AMEND and REORDAIN Section 16-2 - Deleting the Definition of the term "Board"; AMEND and REORDAIN Section 16-3 - Purpose of the Housing and Property Maintenance Code; ADD Section 16-3.1 - Adoption of Volume Two of the Uniform Statewide Building Code; - 25 - Item III-H. 1 ORDINANCES ITEM # 26252 (Continued) REPEAL Sections 16-4, 16-9, 16-12, 16-13, 16-14, 16-15, 16-16, Articles II, III, IV, V and VI Housing and Property Maintenance; AMEND and REORDAIN Sections 16-7 and 16-8 - Enforcement of the Housing and Property Maintenance Code; AMEND and REORDAIN Section 16-10 - Local Planning Authority Inspections; AMEND and REORDAIN Section 16-11 - Violations of the Housing and Property Maintenance Code. Voting: 7-0 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert E. Fentress, Harold Heischober, Vice Mayor Meyera E. Oberndorf n_~_L__ ~n ~nn/ - 25a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-247 AND 2-249 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-247 and 2-249 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 2-247. Divisions established. There shall be, within the department of permits and inspections, the following divisions: (1) Inspections Division. ( 2 ) M~a~ffl~---fie~s~a~ Housing and property maintenance division. (3) eeas~er-~re~ee~~ea Weights and measures division. (4) Zoning division. Section 2-249. Duties of ffl~a~ffl~ housing and property maintenance division. The ffl~a~ffl~ housing and property maintenance division of the department of permits and inspections shall be responsible for all matters pertaining to, and for the enforcement of, the city's ffl~a~ffl~ housing and property maintenance code. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/09/86 10/14/86 CA-86-01983 (\Word\Proposed\2-247etc.ord) AN ORDINANCE TO REPEAL SECTIONS 8-10, 8-74, 8-76, 8-77, 8-91, 8-92, 8-93, 8-94, 8-95, 8-96, 8-97, 8-98, 8-99, 8-131, 8-132, AND 8-133 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE BOARD OF BUILDING CODE APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following sections of the Code of the City of Virginia Beach, Virginia, be, and they hereby are, repealed: section 8-10. Unsafe buildings. Repealed. Section 8-74. Quorum. Repealed. Section 8-76. Grant of variances or modifications. Repealed. Section 8-77. Decisions. Repealed. Section 8-91. Created; compositions; appointment and terms of members. Repealed. Section 8-92. Members to serve without compensation. Repealed. Section 8-93. Secretary. Repealed. Section 8-94. Rules of procedure; meetings to be public. Repealed. Section 8-95. Quorum. Repealed. Section 8-96. Appeals generally. Repealed. Section 8-97. Grant of variances or modifications. Repealed. Section 8-98. Decisions. Repealed. Section 8-99. Posting of rulings and orders. Repealed. Section 8-131. Created; composition; appointment and terms of members. Repealed. Section 8-132. Compensation of members. Repealed. section 8-133. Powers and duties. Repealed. Virginia, on the Adopted by 27 the Council of the City of Virginia Beach, day of October , 1986. WMM/lmt 10/13/86 CA-86-01992 (\word\proposed\8-10etc.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-26 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO VIRGINIA UNIFORM STATEWIDE BUILDING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-26 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-26. Adopted. The ~~~iiea~ieft-eft~i~iea-UVirginia Uniform Statewide Building Codeu, as amended, including all future amendments thereto and editions thereof and all model building codes and portions of other model codes or standards which are, or may hereinafter be, referenced, adopted or incorporated therein, is hereby adopted and incorporated by reference into ~hi8 the Code of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/09/86 CA-86-01984 (\word\proposed\8-26.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-27 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO VIOLATIONS OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-27 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-27. Violations--provisions governing prosecutions; notice; etc. The provisions of see~iefi-~%~~3-e~-~fie-BeeA-Basie B~iiaifi~-eeae,-as-amefiaea-ifi-~fie-Aee~~ia~ive-S~~~iemefi~-~e-~fie Vir~ifiia-Bfii~erm-S~a~ewiae-B~iiaifi~-eeae Article One of Volume One of the Virginia Uniform Statewide Building Code shall govern the prosecution of violations of such Code; provided, that the building official or any person assigned to the division of inspections who has been appointed as a special police officer shall have the authority to serve a written notice of violation and to order the abatement of such violation; and provided further, that the building official may, but shall not be required to, request the city attorney to institute appropriate legal proceedings in cases of violations of the provisions of such Code. The building official er and any such special police officer are eaefi hereby granted the authority to issue a summons to the general district court to any person ifi-~fie-ei~y who sfiaii fail~ to obey a lawful order contained in such notice of violation. Adopted by the Council of the City of Virginia Beach, 27 day of October , 1986. Virginia, on the WMM/lmt 10/09/86 CA-86-01985) (\Word\Proposed\8-27.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-28 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PENALTIES FOR VIOLATION OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-28 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-28. Same--Penalty. (a) Fe~-~fte--~~~~e~e-er As used in this section, the term "basic code" shall mean Volume One of the Virginia Uniform Statewide Building Code, a~---ae~e~i~ea--ifi--~a~~--A--er--~fte Aee~~~a~ive--S~~~~emefi~---~e--~fte---Vi~~ifiia--gfiire~m--S~a~ewiae B~i~aifi~-eeae and shall be deemed to include any and all model building codes and all portions of other model codes and standards referenced, adopted or incorporated therein. (b) Any person who shall violate a provision of the basic code or shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official or of a permit or certificate issued under the provisions of the basic code, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/09/86 CA-86-01986 (\Word\Proposed\8-28.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-69 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE BOARD OF BUILDING CODE APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-69 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-69. Established; divisions. ~ There is hereby established a ~eara--e~-a~~eais Board of Building Code Appeals as provided for in see~ieft-%%6.e e~-~fie-BeeA-Basie-B~iiaift~-eeae7-~fie-same-~eift~-~ar~ Article One, Volume One of the Virginia Uniform Statewide Building Code aae~~ea-ift-Ar~ieie-%%-e~-~fiis-efia~~er. (b) The Board of Building Code Appeals shall consist of four (4) divisions, each having a membership separate and distinct from the others, as follows: ill The New Construction Division, which shall hear and decide appeals relating to matters within the purview of Volume One of the Virginia Uniform Statewide Building Code, except as provided in subdivisions (3) and (4) hereof. III The Building Maintenance Division shall hear and decide appeals relating to matters within the purview of Volume Two of the Virginia Uniform Statewide Building Code, except as provided in subdivisions (3) and (4) hereof. ill The Plumbing and Mechanical Division shall hear and decide appeals from any order, ruling or other decision of the plumbing or mechanical inspector. l!l The Electrical Division shall hear and decide appeals from any order, ruling or other decision of the electrical inspector. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/10/86 CA-86-01987 (\word\proposed\8-69.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-70 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO QUALIFICATIONS OF MEMBERS OF THE BOARD OF BUILDING CODE APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-70 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-70. Membership positions; terms; qualifications. ia--eearermaaee--w~~ft--~fte--re~~~remea~s--er-s~5see~~ea ~~6~~~~-er-~fte-BeeA7-Bas~e-B~~ia~a~--eeae7-~fte--~~ai~r~ea~~eas-er eaeft--mem5erSft~~--~es~~~ea--ea--~fte--5eara--er-a~~eais-are-ftere5Y es~a5i~sftea-as-reiiews~ tit eae-mem5er-sftaii--5e--a--s~a~e--re~~s~erea-~reress~eaai ea~~aeer-e~rrea~iy--ea~a~ea-~a--~fte-aes~~a-er-5~~ia~a~s aaa-s~r~e~~res~ t~t eae--mem5er--sftaii--5e--a--s~a~e--re~~s~erea--areft~~ee~ e~rrea~iy--assee~a~ea---w~~ft--a--r~rm--i~eeasea--~e--ae 5~s~aess-~a-~fte-e~~y~ t3t eae--mem5er--sftaii--5e--a--~~ai~r~ea--s~rveyer--er-iaaa ~iaaaer~ t4t eae-mem5ers-sftaii-5e-a-mem5er-er-~fte-5~~ia~a~-ma~er~ais S~~~iY-5~s~aess~ t5t eae--mem5er--sftaii--5e---a--s~a~e---re~~s~erea--~eaerai eea~rae~er-i~eeased-~e-ae-5~s~aess-~a-~fte-e~~y~ (a) Each division of the Board of Building Code Appeals shall consist of five (5) members, who shall be appointed by the City Council. The initial members of each such division shall be the members of their respective predecessor boards holding such office as of the date of enactment of this section, provided, however, that no officer, employee or official of the city shall serve as a member of the Board. (b) The term of office of members of the Board shall be two (2) years, provided, however, that the initial members of the Board shall serve as such until the expiration of their terms as members of their respective predecessor boards. Members may, subject to the provisions of Section 2-3 of this Code, be reappointed. (c) The new Construction Division shall consist of five ( 5 ) members and shall include a state-registered professional engineer engaged in the design of buildings and structures; a state-registered architect licensed, or associated with a firm licensed, to conduct business in this city; a qualified surveyor or land planner; a member of the building material supply business; and a state-registered general contractor licensed to conduct business in this city. (d) The Building Maintenance Division shall consist of five (5) members, none of whom shall hold any office of profit at the time of his appointment or during his term of office. (e) The Plumbing and Mechanical Division shall consist of five (5) members and shall include a licensed and registered architect, a licensed and registered engineer, a licensed and registered building contractor, a licensed and registered Level II mechanical worker holding a valid certificate as such, and a licensed and registered Level II plumber holding a valid certificate of competency as such. (f) The Electrical Division shall consist of five (5) members and shall include four ( 4 ) certified Level II electricians and a representative of the Virginia Power company. Adopted by the Council 27 Virginia, on the day of of the City of Virginia Beach, October , 1986. WMM/lmt 10/13/86 CA-86-01988 (\word\proposed\8-70.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-71 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE REMOVAL OF MEMBERS OF THE BOARD OF BUILDING CODE APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-71 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-71. Removal of members. The continued or frequent absence of any member from re~~iar meetings of the 5eara-e~-a~~eai~ Board shall, at the discretion of the eft!e~-a~~e!a~!a~-a~~fter!~y city council, render aay such member liable to !mmea!a~e removal from office upon resolution of the city council. Adopted by the Council of the City of Virginia Beach, day of October , 1986. Virginia, on the 27 WMM/lmt 10/10/86 CA-86-01989 (\word\proposed\8-71.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 8-72 AND 8-73 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE BOARD OF BUILDING CODE OF APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 8-72 and 8-73 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-72. Seere~ary Officers. ~fte-~~~ia~~~-err~e~ai-sftaii--ae~--as--seere~ary--er-~fte ~eara--er--a~~eais--a~a--sftaii--make-a-ae~a~iea-reeera-er-aii-~~s ~reeeea~~~s7-wft~eft-sftaii-se~-rer~ft-~fte-rease~s-rer-~~s-aee~s~e~s7 ~fte-ve~e--er-eaeft--mem~er-~ar~~e~~a~~~~-~ftere~~7-~fte-a~se~ee-er-a mem~er-a~a-a~y-ra~i~re-er-a-mem~er-~e-ve~e~ Each division of the Board shall elect from its membership a chairperson. The building official shall select one or more employees from the Inspections Division of the Department of Permits and Inspection to serve as secretary to the divisions of the Board. The secretary of each division shall maintain a detailed record of all proceedings of such divisions. Section 8-73. Rules of procedure; meetings generally. ~fte--~eara---er--a~~eais---sftaii--es~a~i~sft--r~ies--a~a re~~ia~~e~s-rer--~~s--ew~--~reeea~re--~e~--~~ee~s~s~e~~--W~~ft-~fte ~rev~s~e~s--er--~ft~s--€eae~----~fte--~eara--sftaii--mee~-a~-re~~iar i~~ervais7-~e-~e-ae~erm~~ea-~y-~fte-eftairma~-er7-~~-a~y-eve~~7-~fte ~eara-sftaii--mee~-w~~ft~~-~e~-tiet-aays-ar~er-~e~~ee-er-a~~eai-ftas ~ee~-reee~vea~ Rules governing the holding and conduct of meetings of the divisions of the Board shall be in accordance with the provisions therefor set forth in Article One, Volume One of the Virginia Uniform Statewide Building Code. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/1mt 10/13/86 CA-86-01990 (\word\proposed\8-72etc.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-75 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO APPEALS GENERALLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-75 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-75. Appeals generally. tat----Wfteftever--~fte--e~~~a~ft~-err~e~a~-sfta~~-rejee~-er rer~se-~e-a~~reve-~fte-meae-er-maftfter-er--eefts~r~e~~eft-~re~esea-~e ee-re~~ewea-er-ma~er~a~s-~e-ee-~sea-~ft-~fte-eree~~eft-er-a~~era~~eft er-a-e~~~a~ft~-er--s~r~e~~re7--er--wfteft--~~--~s--e~a~mea--~fta~-~fte ~rev~s~efts-er--~fte-e~~~a~ft~--eeae-ae-fte~-a~~~y-er-~fta~-aft-e~~a~~y ~eea-er-mere-aes~rae~e--rerm-er--eefts~r~e~~eft-eaft--ee-em~~eyea-~ft afty-s~ee~r~e-ease7-er-Wfteft-~~-~s-e~a~mea-~fta~-~fte-~r~e-~ft~eft~-afta meaft~ft~-er-~fte-e~~~a~ft~-eeae-er-afty-er-~fte-re~~~a~~efts-~ftere~ftaer ftave-eeeft--m~seefts~r~ea-er-wreft~~y-~ft~er~re~ea7-~fte-ewfter-er-s~eft e~~~a~ft~-er-s~r~e~~re-er-ft~s--a~~y--a~~fter~~ea--a~eft~--may-a~~ea~ rrem--~fte--aee~s~eft--er--~fte--e~~~a~ft~--err~e~a~--~e-~fte-eeara-er a~~ea~s.--Ne~~ee-er-a~~ea~-sfta~~-ee-~ft-wr~~~ft~-afta-sfta~~-ee-r~~ea W~~ft~ft-~ft~r~y--t3et-aays--ar~er-~fte--aee~s~eft-~s--reftaerea-ey-~fte e~~~a~ft~-err~e~a~.--A-ree-er-~eft-ae~~ars--tie.eet-sftai~-aeeem~aftY s~eft-fte~~ee-er-a~~ea~. fet---%ft-ease--er-a-e~~~a~ft~-er-s~r~e~~re-Wft~eft7-~ft-~fte e~~ft~eft-er-~fte--e~~ia~ft~--err~e~a~7--~S--~ftsare--~~rs~aft~--~e-~fte ~rev~s~efts-er--see~~eft-8-ie--~r-~ft~s--efta~~er-er--er-~fte-e~~~a~ft~ eeae7-~fte-e~~~a~ft~-err~e~ai-maY7-~ft-ft~s-eraer7-i~m~~-~fte-~~me-rer a~~ea~-~e-a-sfter~er-~er~ea. tet----A~~ea~s--~ftaer--~ft~s--see~~eft--sfta~~-ee-eft-rerms ~rev~aea-ey-~fte-e~~~a~ft~-err~e~a~. tat--~fte-j~r~sa~e~~eft-er-~fte-eeara-er-a~~ea~s-~ft-ae~~ft~ eft--afty--a~~ea~--sftai~--~fte~~ae--~fte-eft~~re-see~e-er-~fte-e~~~a~ft~ eeae7-aS-~Re-8affie-ffiaY-Be-affieRaea7-eKee~~-Ee~-a~~ea~8-8~ee~E~ea~~y ~~ev~aea-~e~-e~8eWfte~e-~a-~ft~8-efta~~e~.--~fte-5eara-8fta~~-a~8e-ae~ ea-aay--a~~ea~-8~ee~~~ea~~y--~rev~aea-~er--~a-8~eft-e~fter-5~~~a~a~ 8~ee~~~ea~~ea8-a8-maY-5e-e8~a5~~8ftea-~a-~ft~8-eeae. (a) An appeal to the Board of Building Code Appeals shall lie when it is claimed by the owner of a building or his agent that: 111 The building official, or any inspector subject to his direction, has refused to grant a modification which complies with the intent of the provisions of the Virginia Uniform Statewide Building Code; or ill The true intent of such Code has been incorrectly interpreted; or ill The provisions of such Code do not fully apply; or 1!l The use of a form of construction equally good as or better than that specified by such Code has been denied. (b) Applications for appeals shall be submitted in writing to the Secretary of the appropriate division of the Board within ninety (90) days from an adverse decision of the building official or inspector. Virginia, on the Adopted by 27 the Council of the City of Virginia Beach, day of October , 1986. WMM/lmt 10/13/86 CA-86-01991 (\word\proposed\8-75.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-158 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REVOCATION OF CERTIFICATES OF COMPETENCY OF PLUMBERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-158 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-158. Revocation. Any certificate of competency as a plumber may be revoked by the ~eara--er-~i~~ft~--afta-meeftaft~eai--a~~eais-a~-aftY ~~me-~~eft--~fte-r~i~ft~7--~ft-Wr~~~ft~-afta-~ftaer-ea~ft7-W~~ft-~fte-~eara er-s~rr~e~eft~-eftar~es-sftew~ft~ Plumbing and Mechanical Division of the Board of Building Code Appeals upon a finding by the Division that the holder of the certificate ~e-~e is incompetent or guilty of a willful breach of ~fte any rules, regulationsL er requirementsL er-~fte-~eara--er laws or ordinances relating to plumbing er--~~eft-e~fter--~re~ftas-s~rr~e~eft~-rer-~fte-reveea~~eft-er ~fte-eer~~r~ea~e-~ft-~~es~~eft. The holder of the certificate ~ft ~~es~~eft shall be given written notice of s~eft the charges or grounds for revocation alleged against him and, at a meeting of the ~eara Division held for the consideration of such revocation, shall have the right to be heard. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-01996 (\word\proposed\8-158.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-198 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF COMPETENCY OF ELECTRICIANS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-198 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 8-198. S~~~eft~~eft-er gevocation. tat----~fte--~eara--er-eiee~r~eai-a~~eai~-may-~~~~efta-er reveke,-rer--~re~er-ea~~e,--afty-eer~~r~ea~e--er-eem~e~eftey-~~~~ea ~ftaer-~ft~~-a~v~~~eft~ t~t-----~fte--~eara--er--eiee~r~eai--a~~eai~,--~~eft--~fte arr~rma~~ve-ve~e-er-~ftree-t3t--er--~~~--mem~er~,--may--reveke-afty eiee~r~e~aftL~--eer~~r~ea~e---er--eem~e~eftey,--~~~~ea--~ftaer--~ft~~ a~v~~~eft,-rer-re~ea~ea-ra~i~re-~e-eem~iy-w~~ft-~ft~~r~e~~eft~-er-~fte eiee~r~eai-~ft~~ee~er,--rer-re~ea~eaiy-~ftaer~ak~ft~-eiee~r~eai-werk w~~fte~~-a-~erm~~-er-rer-afty-e~fter-v~eia~~eft-er-~ft~~-efta~~er~--~fte fteiaer-er--~fte-eer~~r~ea~e--~ft-~~e~~~eft-~ftaii-ftave-wr~~~eft-fte~~ee er-~~eft-eftar~e~--er--~re~fta~--afta,--a~--a--mee~~ft~--er--~fte-~eara fteia--rer--~fte--eeft~~aera~~eft--er-~~eft-reveea~~eft,-~ftaii-ftave-~fte r~~ft~-~e-~e-fteara~ tet----~fte--eiee~r~eai---~ft~~ee~er--er---~fte--~eara--er eiee~r~eai--a~~eai~--may--~~~~efta--~em~erar~iy--afty-eiee~r~e~aftL~ eer~~r~ea~e-er-eem~e~eftey-~~~~ea-~ftaer-~ft~~--a~v~~~eft-rer-ra~i~re ~e-eerree~-ra~i~y-werk,-ae~ft~-eiee~r~eai-werk-w~~fte~~-a-~erm~~-er rer-afty-e~fter-~eea-afta-~~rr~e~eft~-ea~~e~ Any certificate of competency as an electrician may be revoked by the Electrical Division of the Board of Building Code Appeals upon a finding by the Division that the holder of the certificate is incompetent or guilty of a willful breach of any rule, regulation, requirement, law or ordinance relating to plumbing. The holder of the certificate shall be given written notice of the charges or grounds for revocation alleged against him and, at a meeting of the Division held for the consideration of such revocation, shall have the right to be heard. Adopted by the Council of the City of Virginia Beach, virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 10/14/86 CA-86-01997 (\word\proposed\8-198.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE DESIGNATION OF THE HOUSING AND PROPERTY MAINTENANCE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 16-1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 16-1. Title. The provisions of this chapter shall constitute and be designated the "Virginia Beach Mi:l'ii:ml1ft\ Housing and Property Maintenance Code" and may be so cited. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-01998 (\word\proposed\16-001.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY DELETING THE DEFINITION OF THE TERM "BOARD." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-2 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 16-2. Definitions. Beara~--~fte-fte~sift~-~eara-e~-a~~eais-erea~ea-ift-~ftis-efta~~er~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-01999 (\word\proposed\16-002.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE PURPOSE OF THE HOUSING AND PROPERTY MAINTENANCE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 16-3 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 16-3. Purpose of chapter. The purpose of this chapter is to provide minimum standards and requirements for the maintenance of housing and other structures in the city, in accordance with the provisions of Volume Two of the Virginia Uniform Statewide Building Code, and in the event any law or other ordinance of the city requires higher standards or more stringent requirements than are required by this chapter, the provisions of such law or other ordinance shall prevail, except to the extent that such law or other ordinance shall conflict with such Code or any provision thereof. Adopted by the Council of the City of Virginia Beach, day of October , 1986. Virginia, on the 27 WMM/lmt 10/13/86 CA-86-02000 (\word\proposed\16-003.ord) AN ORDINANCE TO THE CODE OF THE BEACH, VIRGINIA, 16-3.1 PERTAINING OF VOLUME TWO UNIFORM STATEWIDE AMEND AND REORDAIN CITY OF VIRGINIA BY ADDING SECTION TO THE ADOPTION OF THE VIRGINIA BUILDING CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding Section 16-3.1 to read as follows: Section 16-3.1. Adoption. Volume Two of the Virginia Uniform Statewide Building Code, including all future amendments thereto and editions thereof, and all model codes and standards or portions thereof which are, or may hereafter be, referenced, adopted, or incorporated therein, is hereby adopted and incorporated by reference into this Chapter, as if fully set forth herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/14/86 CA-86-02003 (\word\proposed\16-003-1.ord) AN ORDINANCE TO REPEAL SECTIONS 16- 4, 16-9, 16-12, 16-13, 16-14, 16- 15, 16-16, ARTICLES II, III, IV, V, AND VI, OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO HOUSING AND PROPERTY MAINTENANCE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following Sections and Articles of the Code of the City of Virginia Beach, Virginia, be, and they hereby are, repealed: Section 16-4. Conflict of chapter with other ordinances. Repealed. Section 16-9. Inspection of dwellings, rooming units. Repealed. Section 16-12. Permitting partial compliance with chapter in hardship cases. Repealed. section 16-13. Failure to comply with chapter does not constitute violation in certain cases. Repealed. Section 16-14. Abatement of nuisances generally. Repealed. Section 16-15. General procedure to correct violations. Repealed. Section 16-16. Immediate correction of violations in emergencies. Repealed. Article II. Housing Board of Appeals Repealed. Article III. Standards for Construction, Space, Ventilation, Equipment, Etc. Repealed. Article IV. Maintenance Requirements Repealed. Article V. Rooming Houses and Hotels Repealed. Article VI. Unfit Dwellings Repealed. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/14/86 CA-86-02005 (\word\proposed\16-004etc.ord) 2 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 16-7 AND 16-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE ENFORCEMENT OF THE HOUSING AND PROPERTY MAINTENANCE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 16-7 and 16-8 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 16-7. Police powers for enforcement of chapter. The director of permits and inspections, the housing codes officer and all inspectors of the housing and property maintenance division of the department of permits and inspections are hereby invested with such police powers as are necessary for the enforcement of this chapter. section 16-8. Obstructing or interfering with enforcement of chapter. No person shall obstruct or interfere with the director of permits and inspections, the housing codes officer or any inspector of the housing and property maintenance division of the department of permits and inspections in the enforcement of this chapter or in any matter relating thereto. A-rei~Ba~--ei-efi~ry ~~rB~afi~--~e--Bee~iefi--i6-97--wi~fte~~--a-Beareft-Warrafi~7-Bfta~~-5e eefiB~r~ea-aB-a-vie~a~iefi-ei-~ftiB-Bee~iefi. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-02001 (\word\proposed\16-007etc.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-10 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO LOCAL PLANNING AUTHORITY INSPECTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-10 Of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 16-10. Local planning authority inspections for veterans administration. The director of permits and inspections may conduct local planning authority inspections for the Veterans Administration. The fee for each such inspection conducted shall be r~r~eeft-aeiiars-t$~5Teet thirty dollars ($30.00), provided, however, that there shall be charged an additional fee in the amount of fifteen dollars ($15.00) in the event repairs or corrections are required and have not been completed by the time of reinspection. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-02002 (\word\proposed\16-010.ord) AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-11 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO VIOLATIONS OF THE HOUSING AND PROPERTY MAINTENANCE CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-11 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 16-11. Violations of chapter generally. Any person who shall violate any provision of this chapter or who shall fail, refuse or neglect to comply in all respects with the provisions of the chapter shall be deemed guilty of a €iass-4 misdemeanor punishable by a fine of not more than a thousand dollars ($1,000.00). Each violation, failure, refusal or neglect and each day's continuance thereof beyond a reasonable period for noncompliance shall constitute a separate offense. Conviction of a violation of this chapter shall not preclude the institution of legal proceedings to restrain, correct or abate such violation or any other remedy at law or in equity. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WMM/lmt 10/13/86 CA-86-02004 (\word\proposed\16-011.ord) - 26 - Item III-H.2. ORDINANCES ITEM # 26253 John A. Brown, resident of 405 Old Great Neck Road, spoke in OPPOSITION, and believed there was enough area in this particular intersection to make the necessary improvements without destroying his property and also inquired relative construction of curb and guttter and the materials to be used in the driveway. The City Clerk referenced a telephone call from Mrs. William Grady, Jr., who advised she would be unable to attend due to illness, was very concerned relative her property. Donald Trueblood, City Engineer, advised the Real Estate section does not contact the owner of affected property until said Ordinance is ADOPTED. Upon motion by Councilman Baum, seconded by Councilman Balko, City Council DEFERRED The Ordinance, pending negotiations with John A. Brown, owner of property on Old Great Neck Road: Ordinance to authorize acquisition of property in fee simple for right-of-way for intersection of Old Great Neck Road and Reagan Avenue and the acquisition of temporary and permanent easements of right-of-way, ei ther by agreement or by condemnation. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober and Vice Mayor Meyera E. Oberndorf - 27 - Item III-H.3 ORDINANCES ITEM # 26254 City Council took NO ACTION: Ordinance authorizing the City Manager and City Tresurer to enter into an agreement with the Hampton Roads Sanitation District for the receipt and processing of certain District service charges and the collection of a fee from District - 28 - Item III-H.3. ORDINANCES ITEM # 26255 ADD-ON Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ADOPTED: Ordinance to Amend and Reordain Section 23-3 of the Code of the City of Virginia Beach, Virginia, pertaining to Prohibited Trick or Treat Activities. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: H~rold Heischober - 28a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PROHIBITED TRICK OR TREAT ACTIVITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-3 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 23-3. Prohibited trick or treat activities. (a) If any person over the age of twelve (12) years shall engage in the activity conunonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever, he shall be guilty of a Class 4 misdemeanor. Nothing herein shall be construed as prohibiting any parent, guardian or other responsible person, having lawfully in his custody a child twelve (12) years old or younger, from accompanying such child who is playing "trick or treat" for the purpose of caring for, looking after or protecting such child. (b) If any person shall engage in the activity conunonly known as "trick or treat" or any other activity of similar character or nature under any name whatsoever after 9~ee 8:00 p.m., he shall be guilty of a Class 4 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of October , 1986. WEB/lmt 10/24/86 CA-86-02022 (\word\proposed\23-003.Pro) APh:(Wr:P f.~:i l,() CU1,m:iaS ., ;:iU':!\lU','~ j~ :' ::, ',:, ;,' ,1..1 ~T - 29 - Item III-H.5. ORDINANCES ITEM # 26256 ADD-ON Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to Transfer Funds in the amount of $170,000 within the 1986-1991 Capital Improvement Program for the Resort Area and create the 19th Street Parking/Dome Landscape and Site Improvement Project. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Bar bar a M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 29a - AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $170,000 WITHIN THE 1986-1991 CAPITAL IMPROVEMENT PROGRAM FOR THE RESORT AREA AND CREATE THE 19TH STREET PARKING/DOME LANDSCAPE AND SITE IMPROVEMENT PROJECT WHEREAS, the City of Virginia Beach desires to maintain and improve the Resort Area and further enhance the overall appearance of the Resort Area, and WHEREAS, in accordance with recommendations from the Resort Advisory Commission and Urban Land Institute as part of the overall revitalization of the Resort Area to establish an integrated streetscape system, and WHEREAS, in order to establish an integrated streetscape system within the 19th Street corridor, funds in the amount of $170,000 are necessary to improve sidewalk, curbing, parking lots, and landscape surrounding the Dome and 19th Street, and WHEREAS, funding has been appropriated within the 1986-1991 Capital Improvement Program for the Resort Area specifically designated for Resort Center Parking Lot Improvements and Resort Center Streetscape Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $170,000 are to be transferred creating a new Capital Improvement Program titled 19th Street Parking/Dome Landscape and Site Improvement Project, and BE IT FURTHER ORDAINED that these funds in the 1986-1991 Capital Improvement Program are to be transferred within the Resort Area Improvements Capital Improvement Program to improve sidewalk, curbing, parking lots and landscape surrounding the Dome and 19th Street. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 27 October day of , 1986. KAR/1 ORD22 - 30 - Item III-I. CONSENT AGENDA ITEM # 26257 Upon motion by CouncihlOman Henley, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items, 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Bar bara M. Henley, Mayor Robert G. J one s , Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 31 - Item III-I. 1 CONSENT AGENDA ITEM # 26258 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS OF APPRECIATION: Albert W. Balko Captain C. H. Dorchester Bryan Evans, Jr. Louis R. Jones Nancy K. Parker John L. Perry Barnett Thoroughgood Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober October 27, 1986 - 31a - RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! short at best! That which makes li fe most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Life is the sure met our done our WHEREAS: ALBERT W. BALKO served as an At Large representative of the citizens on the Virginia Beach PLANNING COMMISSION from December 1981 until July 1986 when he began his tenure as a member of City Council. Throughout those years his dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Counc il here assembled this Twenty-Seventh day of Oc tober, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: ALBERT W. BALKO Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Life is the sure me tour done our WHEREAS: CAPTAIN C. H. DORCHESTER served as a member of the Virginia Beach WETLANDS BOARD from early ~n 1972 through September 1986, having been Chairman for most of those years. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: CAP T A I N C. H. D 0 R C H EST E R Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Life is the sure met our done our WHEREAS: BRYAN EVANS, JR. served as the Princess Anne Borough representative on the Virginia Beach PLANNING COMMISSION until August 1986. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: BRYAN E V A N S, J R. Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people he lping other people -- joining together to bui ld a better soc iety -- dedication and commitment; WHEREAS: Life is so unpredic tab Ie! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Li fe is the sure met our done our WHEREAS: LOUIS R. JONES, former Mayor and Councilman, represented the City as a member of the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION and SOUTHEASTERN VIRGINIA PUBLIC SERVICE AUTHORITY from July 1982 until August 1986. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ci ty Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: LOU I S R. JON E S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Li fe is the sure me tour done our WHEREAS: NANCY K. PARKER served as the Virginia Beach Borough representative on the Virginia Beach PLANNING COMMISSION from January 1, 1983 until July 1986 when she began her tenure as a member of City Council. Throughout those years her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: NAN C Y K. PARKER Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Li fe is the sure met our done our WHEREAS: JOHN L. PERRY served many years as a member of the Citizens Advisory Committee and more recently as a Director of the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION. Throughout these years his dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: J 0 H N L. PERRY Given under my hand and seal, Mayor - 32 - Item III-I. 2. CONSENT AGENDA ITEM # 26259 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate grants in the amount of $30,429 from the Southeastern Virginia Areawide Model Program (SEVAMP) to the Department of Mental Health and Mental Retardation; Health Department for Health Education and Screening; Department of Parks and Recreation for Transportation and Nutritional Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober n_~_~___ ~n ~nn/ - 32a - AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) WHEREAS, the city of Virginia Beach has determined a need to continue to provide health related services to its elderly population. and WHEREAS, the Federal Government, through the Older Americans Act, makes funds available . :hrough the Southeastern Virginia Areawide Model Program, Inc. (SEVAMP) for such programs. al WHEREAS, the Department of Parks and Recreation has agreed to assume the transportation 'esponsibilities for the nutritional progr~ at the Seatack Center, and WHEREAS, the Department of Health has determined a need to continue the SEVAMP Horne Hea: 'urse project for health education and ~creening. and WHEREAS. the Department of Mental Health and Mental Retardation (MH/MR) has determine th . eed to provide homemaker and personal care through Community Mental Health, and WH~EAS, SEVAMP Senior Services has awarded the Department of Health $44.350. the Depart !nt of MH/MR $30.429. and the Department of Parks and Recreation $10,040 to provide their ab< !spective services, and WHEREAS, City Council has already included the amounts for operation of the Health servic " ld the Parks and Recreation services and has included $55,191 in estimated revenue from SEVNv . I the FY 1986-'1987 Operating Budget. NOW. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA tha t e City Manager be authorized and directed to accept the grants for the city and that funds i . t e amount of $30,429 be appropriated to the Department of Mental Health and Mental Retardatio '<3 d that estimated revenue from SEVAMP be increased by a like amount. BE IT FURTHER ORDAINED that personnel positions as necessary are hereby authorized for t~, dl,ration of the grants to be paid from the grants with classes of the employees to be determint b the City Manager. This ordinance shall'be in effect from the date of its adoption. F11ST READING: October 20, 1986 Sf:OND READING: October 27, 1986 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 day of October , 1986. - 33 - Item III-I.3. CONSENT AGENDA ITEM # 26260 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to Transfer $73,000 of Capital Proj ect Funds for the Establishment of Water and Sewer Capital Projects for Hawkins Lane. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober \~ \. ~\.:.;;. 1- ~ .~ ~ !,.....I /; '~. ~C..." ...<. ~~'. I:'} '. . .,.;, '>-~ ~ t~"l 1 ~::, ! "'. 1 ~ WHEREAS, a- ..... .... LU ~... 'Ii: o \., t.o' ~ ~ .,l! " .~ ~ .;~ , :~ '- :,( - 33a - AN ORDINANCE TO TRANSFER $73,000 OF CAPITAL PROJECT FUNDS FOR THE ESTABLISHMENT OF WATER AND SEWER CAPITAL PROJECTS FOR HAWKINS LANE in accordance with Council resolutions, the city will provide water and sewer services to areas which have attained the required 51% property owners participation, and WHEREAS, at least 51% of the property owners along Hawkins Lane located in the Bayside Borough have returned requests for city water and sewer services, and WHEREAS, the installation of water and sewer lines along Hawkins Lane may be coordinated with the construction of water project #5-979 Newtown Road to take advantage of construction economics, and WHEREAS, the costs of water and sewer lines for Hawkins Lane is estimated at $18,000 and $55,000 respectively. NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that projects #5-024 51% - Hawkins Lane Water and #6-974 51% - Hawkins Lane Sewer are hereby established as capital projects. BE IT FURTHER ORDAINED that appropriations are hereby transferred Hawkins Lane. as shown below to provide for the installation of water and sewer lines along the 27 CAC/1 ORD18 TO: FROM: 5-024 51% - Hawkins Lane Water 5-306 Water Requested Agreement + 18,000 18,000 TO: FROM: 6-974 51% - Hawkins Lane Sewer 6-316 Various Sewer Project + 55,000 55,000 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on October day of , 1986. - 34 - Item III-I.4 CONSENT AGENDA ITEM # 26261 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, Ciuty Council ADOPTED: Ordinance Authorizing License Refunds in the amount of $21,479.98 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 34a - FOAM NO C." 8 REI! 3IlI6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty In1. Total \ir Sports, Inc. l361 Princess Anne Road lirginia Beach, VA 23457 1985 Audit 109.72 109.72 ~iticorp Homeowners, Inc. 2697 Dean Drive la. Beach, VA 23452 1986 Audit 21,200.05 21,200.05 ~ea1 Sound Profits, Inc. 1521 G1eneag1e Drive la. Beach, VA 23462 1983/85 Audit 170.21 170.21 Certified as to Payment: f)t~~4&;~ Robert P. Vaughan Commissioner of the Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 21 , 479 . 98 of the City of Virginia Beach on the 27 day of ;a;/ t... were approved by the Council October ,19~. Ruth Hodges Smith City Clerk October 27, . 1986 - 35 - Item III-J.1 UNFINISHED BUSINESS ITEM # 26262 Councilman Moss WITHDREW his request concerning the Parking Lot on the West End of City Hall Building. It had been suggested designated parking spaces including those reserved for City Council and the Boards and Commission on their respective meeting days be moved to the Parking Lot south of the Tunnel. Councilman Moss indicated he would continue to park elsewhere. - 36 - Item III-K. 1 . NEW BUSINESS ITEM # 26263 ADD-ON Councilwoman Henley referenced an Ordinance to Amend and Reordain Section 2 of the Code of the City of Virginia Beach, Virginia, by Providing for a Public Hearing before Appointment of School Board Members. BY CONSENSUS, City Council SCHEDULED: November 24, 1986 Interview Sessions with citizens in the Talent Bank for Virginia Beach, Bayside and Princess Anne Boroughs - 1:00 P.M. December 8, 1986 Public Hearing for Public Comments concerning Potential Appointees 2:00 P.M. December 15, 1986 APPOINTMENT of School December 22, 1986 Board Members Letters will be written to individuals who appear in the TALENT BANK notifying them of the dates of the PUBLIC PRESENTATIONS AND PUBLIC HEARING. Vacancies are available in the Boroughs of Virginia Beach, Bayside and Princess Anne. Councilman Moss advised the Commonwealth Attorney had notified him he was able to Vote on the CAPITAL IMPROVEMENT PROGRAM, the CITY BUDGET, and the particular grants concerning Schools. Councilman Moss was further advised concerning the School Board Appointments and procedure upon which the SCHOOL BOARD is appointed. According to the West Case, Councilman Moss may not participate in either. The Talent List concerning SCHOOL BOARD APPOINTMENTS will not be forwarded to Councilman Moss. - j/ - Item III-L.1 ADJOURNMENT ITEM # 26264 Upon motion by Councilman Fentress, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 9:50 P.M. ~ti HoqsR4J Chief Deputy City Clerk ~~~ uth Hodges Smith, CMC City Clerk City of Virginia Beach Virginia RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredic tab Ie! No day comes back! short at best! That which makes life most worth living is knowledge that we ourselves have fulfilled our purpose, obligation to our fellow citizens and can be satisfied we have best; Li fe is the sure met our done our WHEREAS: BARNETT THOROUGHGOOD served as a member of the Virginia Beach COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE for many, many years. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Seventh day of October, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: BARNETT THO R 0 UGH GOO D Given under my hand and seal, Mayor