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HomeMy WebLinkAboutJUNE 13, 1983 MINUTES Ii I M I NUT E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 13, 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by VICE MAYOR BARBARA M. HENLEY, presiding, in the Conference Room, City Hall Building, on Monday, June 13, 1983 at Twe1ve- Forty in the afternoon. Council Members Present: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Louis R. Jones, Robert G. Jones, Reba S. McC1anan P I June 13, 1983 -2- ITEM It 20066 Vice Mayor Henley entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or potential litigations, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 6-0 Council Members Voting Aye: .Haro1d Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. B~um, Nancy A. Creech*, Mayor Louis R. Jones, Robert G. Jones**, and Reba S. McClanan Upon an AMENDED motion by Councilwoman Creech, seconded by Councilman Jennings, City Council voted to include the item "Real Estate" for discussion in the Executive Session. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan * Councilwoman Creech arrived at 12:43 p.m. ** Councilman Jones arrived at 12:45 p.m. June 13, 1983 III -3- MAT T E R S B Y V ICE MAYOR CONFERENCE OF MAYORS ITEM It 20067 Vice Mayor Henley advised Council members of the attendance of Mayor Louis R. Jones at the Annual Conference of Mayors in Denver, Colorado from June 10 through June 15, 1983. BACK BAY MANAGEMENT PLAN ITEM It 20068 The Back Bay Management Plan consultants will conduct their second public workshop June 13, 1983, at 7:00 p.m. in the Council Chambers, at which time they will present their preliminary findings. NORTH VIRGINIA BEACH POTENTIAL DEVELOPMENT ITEM It 20069 On Monday, June 20, 1983, at 11:00 a.m., City Council is scheduled for a workshop briefing with the Planning Commission concerning the development potential in the northern portion of the City. LCAC ITEM It 20070 n"~ I In reply to a question regarding LCAC by Vice Mayor Henley, Councilman Jennings replied that written comments from the Navy have been forwarded to Council members. June 13, 1983 -4- MATTERS B Y COUNCIL LCAC and LACV-30 ITEM It 20071 Councilman Kitchin commented he thought it would be proper to officially appoint Councilmen Jennings and Heischober to meet with appropriate offi- cials on the LCAC and LACV-30 matters. In response to a request for a list of others working with Councilmen Jennings and Heischober, Councilman Jennings said it would be available at the next Council meeting. .~, HOTEL RATE ADVERTISEMENT ITEM It 20072 Councilman Kitchin stated he had talked with Dale Bimson, City Attorney, in reference to Chapter 15 of the City Code relating to hotel rate advertise- ment. Even though this ordinance was passed on the books, the City was pre- empted from actually enforcing it by State health codes. Councilman Kitchin asked for reconsideration of reinstatement of this ordinance in our City Code. Vice Mayor Henley stated this item could possibly be put on the agenda for the next Council meeting. MUNICIPAL PARKING LOT ITEM It 20073 Councilman Kitchin commented the City has been dealing with a problem with parking in the Municipal Parking Lot at the south end of the Beach for several years. It appears that numerous law enforcement officers are required to con- trol the heavy traffic and the general disturbance of residents of the condo- miniums. After a discussion with Captain Baker of the Police Department, it is possible the problem could be solved if a time limitation was set; i.e., eliminate the parking after 9:00 p.m. on the street in the 15 parking spaces (8 are on the Dolphin Run side; 7 are in front of the motel), and place a gate on the lot and close it around 7:00 p.m. This action would not require a resolution; it could be accomplished administra- tively. NAVY LONG-TERM LEASING ITEM It 20074 Councilwoman Oberndorf introduced a resolution (see Item 12, an add-on, of the "Consent Agenda" under the Formal Session) urging the United States Navy post- pone its plans for any military construction in Virginia Beach and throughout the Tidewater area until legislation currently before Congress is adopted which would allow long-term leases of privately owned multi-family housing. As Chairman of the Southeastern Virginia Planning District Commission, Council- woman Oberndorf stated she has communicated with the congressional delegation and they have talked to the Department of Defense and the Navy. The following two things have occurred: June 13, 1983 'I it -5- ITEM It 20074 (continued) 1. On June 6, 1983, the Navy published a notice "finding no significant impact concerning the acquisition of Navy family housing in the Tidewater area". The Navy has identified certain areas in five local communities which would be suitable for Navy housing but has identified only two Federally-owned sites (Fort Eustis and Craney Island). They tend to feel the acquisi- tion of housing for military construction authorization is the preferred alternative (excludes construction on Federal land for land purchase from the private community). 2. The second alternative is enabling legislation for long-term domestic leasing of housing units. Councilman Heischober questioned City Attorney Dale Bimson about the first para- graph of the resolution as follows: "Should the Navy lease a privately-owned multi-family housing in Virginia Beach, would the City necessarily be deprived of the normal tax income for the lease arrangement?" Mr. Bimson's reply was the City collects taxes on leases on military bases at the present time. The subject resolution will be voted on today inasmuch as Councilwoman Oberndorf would like to have a portfolio for the Wednesday meeting of the Southeastern Virginia Planning District Commission. THREE OAKS ITEM It 20075 Vice Mayor Henley called attention to a request from the Council of Civic Organizations regarding Three Oaks. City Clerk Ruth Smith, CMC, indicated the Three Oaks application has been advertised for the June 27, 1983 meeting, therefore, it will have to be on the agenda for that meeting even though it is being deferred. p' ! June 13, 1983 -6- MAT T E R S B Y C I T Y MAN AGE R FRANCIS LAND HOUSE ITEM 1t20076 A presentation was given by Mr. Bartow H. Bridges, Jr., Chairman of the Francis Land House-Rose Hall Committee. A copy of the presentation is hereby made a part of the proceedings. 4, Councilwomen Nancy Creech and Reba McC1anan represented City Council in deliberations with the above-referenced committee. Gratitude was expressed to Mr. Bridges and his committee for their efforts. PERSONNEL POLICIES ITEM It 20077 City Manager Mueh1enbeck asked for a two-week deferral of the proposed amendments to Chapter 2 of the City Code pertaining to personnel policies. This would also affect Item 2 under the Consent Agenda. PAVILION ARBITRATION ITEM It 20078 Council members were sent information reflecting arbitration settlement for the Pavilion project. given in the Executive Session. the costs involved in the More details were to be CONSENT AGENDA ITEM It 20079 It was suggested that Item 8 of the Consent Agenda (Lake Holly, Ltd. item) be deferred for one week inasmuch as three-fourths vote of the Council was needed (three members absent). Per Vice Mayor Henley, should the Consent Agenda be approved, it would automatically allow Item 9 to be deferred for an additional two weeks. Referring to Item 11 of the Consent Agenda, Vice Mayor Henley stated because the letter as submitted had only three conditions, the City Attorney's letter asking that the fourth condition be removed occurred and the motion to approve the Consent Agenda as stated removed that condition. June 13, 1983 i I FRANCIS LAND HOUSE COMMITTEE REPORT TO CITY COUNCIL The Francis Land House Committee invited bids for use of the Francis Land House with two basic requirements: a) that the building be available to the public, and b) that the building be preserved Adverse public comment concerning commercial use was received- with particular emphasis on restaurant use. Two bids were received: a) Furniture & decorating business (rejected as proposing inadequate rent), and b) Council of Garden Clubs, Three Daughters of the American Revolution Chapters, Princess Anne County Historical Society proposed public use of the building with live-in manager " . The Committee felt the general concept to be in the public interest and had the following reactions: " ..4Ii 1. City-owned property should be managed by a broad-based Governing Board. 2. The City should maintain strong input on Governing Board, specifically with a representative of each of the following: a) City Attorney's Office b) City Finance Office c) Another representative to be selected by the City 3. The Three (3) City representatives should have VETO power over Governing Board's a~tions. 4. Current zoning prohibits residential use of the property and floor space in such a facility could well be used for public use rather than residential use. Several Committee members met with several members of the proposing group suggesting modifications to their proposal. The response was received on June 2, 1983 and considered by the Francis Land ~ouse Committee June 3, 1983 (copy attached). .. I I Francis Land House Committee Report to City Council Page Two' The Francis Land House Committee approved the following motion: " " During the course of its deliberations, the Francis Land House Committee received strong and definitive support for the preservation of the Francis Land House as a significant historical landmark and for its use by the public sector. The Francis Land House Committee has as its primary objective the historical preservation of this unique structure. In view of this directive and objective, the Committee recommends that the Francis Land House not be used in any commercial manner. It further recommends that the house be retained by the City of Virginia Beach as a public use facility and that its administrat~on and operation be assumed by the appropriate City Department pursuant to this recommenda- tion. The Committee recommends that the City retain the financial responsibility for the house and therefore its administration and operation should also be retained by the City. The Committee feels that certain of the proposed guide- lines as set forth by the Francis Land'House Association Steering Committee should be incorporated into this use format and that a Board of Governors should be established to oversee activities at the house. II ,,411 The Francis Land House Committee compliments the'proposers for creating a public interest in the building and in its availability and preservation. We recommend that many of the specifics of the proposal be a part of the building's operation; such as a) hours of operation as proposed b) docent program as proposed c) furnishing by local antique dealers for sale as proposed d) space available for meetings as proposed e) gift shop as proposed f) programs & special events as proposed g) building available for catered luncheons, cocktail parties, receptions, etc. as proposed The proposal states that the "Organizations share a common objective: Historical preservation". The Francis Land House Committee agrees with thisobjectlve and recommends the motion as stated above for implementation by City Council. Respectfully submitted, Bartow H. Bridges, Jr. Chairman Francis Land House Committee BHBjr/ekb Attachment '" I Council of g a 'tden C{uC~ of CVi't9inia !BUl.ch. Ilna. CVi't9inia !Beach, CVi't5inia 3220 Queenstury Drive Virginia Beach, Virginia 23452 June 1, 1983 Mr. Bartow H. Bridges, Jr., Chairman Francis Land House Committee l563-A Laskin Road Virginia Beach, Virginia 23454 Dear Mr. Bridges: In response to the meeting of the representatives of the Francis Land Committee appointed by City Council and the Francis Land Association Steering Committee on May 18, 1983, the Steering Committee has met and herewith restates its position with additional clarification. I' We trust that your Committee will see the benefits of the Proposal to the City of Virginia Beach and will recommend its acceptance to City Council. The Proposal is being made by a group of responsible citi~ens who have demonstrated competency 'in management through participation on various Boards and Committees with a broad base of volunteer organizations. Enclosed is a list of the Steering Committee members and their volunteer activities. The track record of our combined organizatio~s attest to the fact that we are cap- ale of undertaking and administering the Proposal as submitted. We respectfully request that this Proposal be forwarded to City Council for their consideration on its merits. Sincerely, . ~. ;; !JAniL Janet F. Werndli President Enclosures I" . , I I FRANCIS LAND ASSOCIATION STEERING COMMITTEE Mrs. William W. Werndli Mr. john M'. Hodgson Mr. Duncan Devereux Mrs. Alice G. Walter Mrs. M. W. Thorpe Mrs. Arthur J. ,Winder Mrs. James B. McCaw, Jr. Mrs. D. L. ~iller " Mrs. Hilary D. Brashear Mrs. Joseph L. Brand Mrs. Stewart E. Huddleston STEERING COMMITTEE MEMBERS HAVE SERVED AS OFFICERS AND BOARD MEMBERS OF THE FOLLOWING ORGANIZATIONS: The original Metropolitan Arts Congress Board Virginia Beach Arts Cepter Virginia Orches tra Group , Norfolk Symphony Big Brothers & Sisters Board Girl Scout Council " .... Virginia Beach Beatitifica tion Commiss ion Virginia Beach Maritime Historical Museum Virginia Museum of Marine Sciences , Virginia Beach Research and Advisory Council HANDS Advisory Board Auxiliary of Virginia Beach General Hospital Battle Off the Virginia Capes Committee Retired Officers-Wives Society Tidewater District, VFGC Vi;ginia Federation of Garden Clubs Council of Garden Clubs of Virginia Beach, Inc. Civic Leagues Delegates to Virginia Beach Arts and Humanities Commission .. , " '" ..- II. f< 0., I I F~A~~IS LA~D ~O~SE ?~CPCSAL '" .-.\~,.. ''''.~T "7 ,.....,~ 0'''' l ~ l'J.n..'... -Il"\. - ~ ..... ~ j A Corporation will be established to be k~own as FRANCIS LAND A3SCC~A:IC\ (dedicated ,to historical preservation) with a Board of ~rustees composed of: 5 representatives from the Council of Garden Clubs of '/irginia Beach, Inc. 3 re~resentatives from the Princess Anne County Histori- 'cal Society 3 represe~tatives from Jaughters of the American Revolu- tion (1 from each Virginia Beach Chapter: Adam Thorough- good, Lynnhaven Parish, and Princess Anne County) 3 representatives from City Government: 1 member of City Council (Mrs. Creech suggested) 1 City employee O~r., Barnes, Landscape Services Department , Head, suggested) 1 member from Historic Preservation Commission C,ir. Newbill suggested) 1 legal counsel (Nr. Thomas Ammons suggested) 1 financial consultant ":'he above named organizations share a common objective: histori- cal preservation. The membership in each organization represents a broad base of the population df the City: the Council of Gar- den Clubs is composed of 52. Clubs with over 1600 members; the Princess Anne County Historical .Society has 350 members; the 3 individual DAR CRapters cjartered in Virglnia Beach have ap- proximately 200 members. We feel this gives the proposed Francis Land Association diversified . viewpoints from all areas of the City. A working set of Bylaws has been prepared providing for a Presi- dent, Vice-President, Secretary and Treasurer and the following Committees: Acquisitions, Docents and Hostesses, Flowers, Herb Garden, Programs, Promotion and Publi8ity. Reservations, others, as needed. 7hese Bylaws will also a::~w for the ex~ansion of the'Board of Trustees as necessary and desirable. 3 rDC 3':' A. Estimated Annual Income 1. :-tental from Caretaker.. . . ..... . .. . . . ......... . . .s2400. 00 ( I f e I i m i na t e d. . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . ' 0 . 00 ) One bedroom, kitchen and bathroom on the second floor will be rented to a responsible couple who will be charged with opening the House dally and securing it when not in use, daily upkeep, report- in~ any needed repairs to municipal authorities, etc. For security reasons, it is felt that the House should be occupied - see letter from Police Department - an arrangement similar to that at Upper Wolf Snare and Pembroke :,la.1or. Zoning variances will be requested - it is anti- cipated this will present no proble~. 2 ~en""al f ft' +." + "'000 00 . _, l, ees or mee lngs, rece~L lons, e ~c.. . ....) . (as soon as the facilities are made known and our reputation is established) Proposed schedule of fees is attached. 3. Janations from bu~iness community and individuals who will appreciate the cultural advanta~es of- fered by the Francis Land Association ~o-the com- m11:1i t:J as a whole ,- _ . . . . . · . . . . . . . . . . . ,", . . . . . . . . . . . )CO. co ~?~"""'~-'~ I...." d) :: ..'-:'--;)......~ ~ conulnue 2. II. ,'". I, -. ...," d -""" . - d" "d r<-, 250('\ 00 "."r::..en s 0_ r'ranC1S ..-an ...ouse ues..............,:;:. v. A major effort will be mounted to engender ~~e b~oadest possible citizen interest and support. It is anticipated this fund raising cam~aign will be similar to that conducted by the "Friends of the Library". :ommissions from antique sales.................... ?ours and Entrance Fees....................... .... Programs and ~orkshops............... ............. 750.00 )00.00 500.00 5. ? v. 7. c. 3stimated Disbursements Initially , Incorporation Fee. ... ...... .............8 50.JO :ost of ~icrowave, refrigerator, coffee urns (other than donated)...... ........ 1000.00 Annually ~ e 1 e ph O:1.e ........................................... $ ~rustee Liability Insurance... .................... ... 'i ff' co 1 . ~ '-' Ice ...Jupp~les, pas Lage. . . . . . . ',' ,'. . . . . . . ~ . . . ~ . . . . . . . Operational 3xpenses, salaries.... ................... 1'.: i s c:. e 11 ane ous. . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . '.' .~. . . . . .500.00 )00.00 500.00 4500.00 600.00 It is hoped that eventually the F~ancis Land Association will be able to a~sume all responsibility for the opera- tion of the House. Until that time, however, a negotiable percentage of the net profits derived from the varied , " activities at the Fra:1cis Land House will be returned ,to the :ity after the first two years of operation. ~ ~II. HOURS OF OFERATIOr~ Ouen to General Public (except "."hen in use for private functions) nonday through Saturday from 10 Ai;: to LJ. Ph: during summer from 1 PI.! to 4?:: during winter Sundays from l' PM to 4 PM year round Closed Christmas Day Hours may be adjusted to public demand. I ~I . :)0':;;:::\"7 ?ROG RAT '1 A trainiD~ program for Docents will be inaugurated. Docents will be instructed in the architecture, furnishings, way of life exhibited in this Eouse, history of the Eouse, and genealogy of the Land Family. I~ is exuected to have 75 trained, costumed Docents by the end of the first year of operation. Program to be expanded as required. It is planned to request local fabric shops to donate or dis- count cost of material for costumes and for members to volun- teer to make them. '1. FU~!'IIS:-:INGS A. First Floor. Several local Antique 3ealers have indicated willingness to display authentic pieces of furniture of the period b~tween t730 and 1850 which will be for sale on a commis- Sion basiS - these pieces to be renlaced as ~eeded. ' Anti~ue Dealers to carry their owf;- insura~ce. Anprooriate Floral Arrangements, fresh and/or dried, will e...."- "'ce t" f ",. _~_c... _,e urnlSllltl,.sS. I I D-:>("~("~'~ ( +-~ "') _ ,-..r,--0A..... con....nueu , . , ,,' II. , .. '[ . J. "" .J . Second Floor ~a~etakers to furnish rooms assigned to them. ~he other rooms are to be used fo~ 30ard ~eetings and shared offices of the ?rancis :an~ Association particip~nts. 3asernent ':'he large room at front of building will be suitably furnis~ed for meetings, catered l~ncheons, cocktail parties, receptions, etc. A list of approved caterers will be provided by the Fr~ncis Land Association. The room to the right of the Side Entrance is being con- sidered for a Gift ~hop featuring historically related item for sale, such as: Post Cards of the House and Virginia Beach area ~ote paper of,the House and Virginia Beach area Francis Land House needlepoint kits Francis Land House prints and wate~ colors Herbs from the Herb Garden Historical books by local authors Colonial Flower Arranging bOOKS ?lower Arranging equipment Genealogical charts Printed genealogical histories of Princess Anne County and Lower Norfolk County families ~O;Z: ,Gift Shops ~re a vital part of museums, i.e. Myers ~ouse, Chrysler Museum in ~orfolk: Thoroughgood House, Lynnhaven House, Virginia 3each Historical ;,lari time ;.Iuseum in Virginia Beach. In fact, the Maritime Historical ~useum derives in excess of J~~ of its operating budeet from its Gift Shop profits. It is anticipated that local artifacts will be displayed in the area in front of the Side Entrance overlooking the Herb Garden. The little room to the left when entering the basement area will be designated for use by caterers - with microwave, refrigerator and coffee urns. The other little room opposite will be cloak room and/or Docent dressin~ room. ~he former office for Brill's Anti~ues will be used as a Library for the participating organizations. This will also serve as the Management Office. P'\OG qAIIS AN:) SPECIA: Ev:.:N?S A. ~he ~ouncil of Garden Clubs of Virginia Beach, Inc. plans to sponsor; Flower Arranging and Horticulture Workshops an~ other classes Flower Shows Classes on drying and use of Herbs Speakers of ~ote ~. DA~ Chapters plan to sponsor: Patriotic ~elebrations such as ?la~ Day, etc. Genealogical and Lineage Resea~8h ~orkshons G. Princess Anr.e :ounty Eistorical ..:.Jociet': will- S'Donsor: :ectures, on local history, genealosy, loca14 archi~ecture - - '~P" ~ , T (....,., ,,- i ,., ue'-< ') .:',~'-.... ~.:J"i.-J "-'VJ.J.v_~..L. ......l. I I 4. T: . J. ?~ancis ::"and ,-\'ssociat ion could offer to the public: Art Shows -:~a:t Shows on the grounds Strawberry or "/listeria Festival on the grounds ~aster ~;:Sf1" ::u,'1t or 3gg ~olling on the grounds ~otintry ?air It is hoped the ?rancis Land House will be added to the Princess Anne County Garden Week ~our. It is within the realm of possibility that a Virginia Jeach Tour of ~istoric Sites will be developed with the Sape Henry ~istoric ~riangle at Fort Story, the Francis Land House, Upper ",volf Snare, Pembroke ~,:anor, Lynnhaven house and Thoroughgood House featured. "III. SI'!'Y PARTICIPATIO~J AND SUPPORT TT ~.l.. - ;;> A. It is our understanding the City will improve the heating and security situations. It is expected that maintenance of the Grounds will con- tinue under the Department of Landscape Services. It is 'hoped that surplus office furniture, chairs and tables will be available for us~ in the House.. It is anticipated that the City will continue to print the brochure which will be available to guests. 'ive trust the Department of Economic Development will want to give prominence to the Francis Land House as the cul- tur~l center of Virginia Beach in their promotional lit- erature for tourists and that flyers will be available at Information Distribution Points, hotels and motels. ::c .w . ,.., v . J. ~. 0'1' =-:E~ I ~~FO~r,IAT I 01\: Precedence for these proposals has been gleaned from the opera- tion of similar houses in Richmond and Roanoke, Virginia, Charleston, South Carolina , Greensboro, :Hssissippi, C L"'l.cinna ti , Ohio and PittsburGh, Pennsylvania. I t' is contemplated that the Francis Lalld [{ouse will be opera- tional along the lines suggested above Nithin ninety '(90) days of the acceptance of the bid proposal submitted by the ?rancis ~a~d Association Steering ~ommittee. 'he City Council 8an expect to have free use of the [{ouse for official functions when sched~led in advance and at other times when not in confli8t with a previously scheduled event. ~he Francis Land Association will provide hostesses for such catered functions. l..'~. :C~\CC~,t.SIO~J I' .. 1e supoort the City of Virginia Beach in its efforts to accen- tuate its historic background while stimulating a~ ambiance for cultural growth. ','le envision the ?ra.'lcis Land ::oJ.se as a C2_~.-'::'~j.':" ~ocus and attraction for all the citizens and guests of our city. A comparison with otter Tidewater cities on what is spent for Ar~s and ::umanities shows Virgi~ia 3each at tte bottom of the list. For example, :;orfolk budgets ;j!.;.2, 000 annually for ~:;e 9perat ion 0:( :joses ~'ly~rs Eouse. and O:1;:'Y slL:ht.1. \r less fOr ~{le ~noroughgooQ ~ouse. ~n comnarlson, tne pooo wlll cenera:ea bv ~te aQC~Dtance_of this D~ODosal would f~r o~~~ej~h~:itv ~oL~cll's ex~enal~nre. ~~e overwheLMln~ reS80nse of ~ne cbSlnest C0~~unl:V , . . I I ??:?C3A: (cc~:i~~ej) ~ ~. IX. cont~;.ued and private ci~ize~s ~o our proposal is indicative of the interest' and ~riority the community as a whole gives to the preservation of t~is ~ouse., ~he co~ceDt cescribed above will expand and srow. From these initial ,roposals, we trust the Francis Land nouse :ommittee and the :ity :ouncil will realize that the Francis Land Asso- ciation with dedication, enthusiasm, and a flexible approach will offer a cultural center for our citizens and visitors that will complement the quality of li:e in ~firginia Beach. . I' I P~OPOSED FEE SCEED~~Z for use of FRANCIS LANJ HOUSE ::on-profi t Organizations Other Groups 3asement 7~eetinp; Room (use of microwave, refri~erator, coffee urns. Average time: J hours) $20.00 .+5.50.00 3asement IIeeting ~oom and ?irst ?loor - 1 day $30. 00 , ~7.5.00 3asement rTeeting Room and ?irst ?loor - 2 'days $4.0.00 8100.00 3xtra dav, if needed, to set up dIsplay, etc. 81.5.00 $2.5.00 *Catered Parties: Luncheons, Jin~ers, Cocktails, etc. $3.5.00 days 8.50.00 $.50.00 evenings$7.5.00 .... . ',,/ edding Receptions Days 0200.00 EveningsS22.5.00 '"' ,::-Sr.1all parties subject to Fire Department limi'tations Janitorial service, if required - 82.5.00 ?'SES SlJBJEC':' ~O CEA:IGE 'iJI':'HOl.J'T NOrrICE. , . . II I I -7- DOYLETOWN ITEM It 20080 Item 2 under Planning Items is in a TARGET AREA known as Doyletown. Based on a previous resolution passed, Council asked for those to be deferred for both Conditional Use Permits and Changes of Zoning. This item would have to appear at the first Council meeting following July 1. The City Manager stated he hoped to have recommendations to Council by that time. LIFESAVING PRESENTATION ITEM It 20081 Councilman Jennings stated his understanding that Virginia Beach Safety Council has a nice Lifesaver Award Program and was wondering if they were going to consider a lifesaver award for Curtis Bengele (see Item II-E.l under the Formal Session). City Clerk Ruth Smith indicated an award was, in fact, given to Al Trainer and the Safety Council is working on an award for Mr. Bengele. RECESS INTO EXECUTIVE SESSION It 20082 City Council RECESSED into EXECUTIVE SESSION at One Thirty-Five in the afternoon. June 13, 1983 -8- FORMAL S E S S ION VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 13, 1983 2:10 p.m. Council Members Present: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: John A. Baum, Mayor Louis R. Jones, and Reba S. McClanan INVOCATION: Reverend Leonard M. Campbell Calvary Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 13, 1983 ... ,.' , .' ", " i II -9- Item Il-D.l MINUTES ITEM It 20083 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of the Regular Meeting of June 6, 1983. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McC1anan June 13, 1983 I I -9- Item II-D.l MINUTES ITEM It 20083 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of the Regular Meeting of June 6, 1983. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -10- Item II-E.l PRESENTATION ITEM It 20084 A framed Resolution in Recognition -- Life Saving Event -- was presented to CURTIS BENGELE for his heroism on April 30, 1983 when he saved the life of Sally Quick of Norfolk, Virginia from drowning in a South Plaza Trail canal. Councilman Jennings read aloud to Council members and the audience the very touching Resolution. Also present were Mr. Bengele's wife; his mother, Mrs. V. Bengele; his sister, Diane Bengele; and Don Hoffler and Mike Mcqueen. Sally Quick, the accident victim, was present as the Resolution was presented to Mr. Bengele. Mrs. Quick was presented with a copy of the Resolution. June 13, 1983 -11- Item II-F CONSENT AGENDA ITEM It 20085 Upon motion by Councilwoman Oberndorf, seconded Council voted to ADOPT, by ONE MOTION, Items 1, 12 (add-on, as amended) of the CONSENT AGENDA. weeks, and Item 8 was deferred for one week. by Councilwoman Creech, City 3, 4, 5, 6, 7, 9, 10, 11 and Item 2 was deferred for two Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -12- Item II-F.l ITEM It 20086 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to ADOPT the Resolution in Recognition: CURTIS BENGELE. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McC1anan June 13, 1983 I I I -12a- RESOLUTION IN RECOGNITION LIFE SAVING EVENT WHEREAS: The clock of life is wound but once, And no man has the power -- To tell just when the hands will stop, At late or early hour. Now is the only time you own... On April Thirteenth, time stood still and a life was saved from a tragic automobile accident when Sally Quick was rescued from the muddy waters of a canal on South Plaza Trail with the quick action and personal sacrifice of self for others by CURTIS BENGELE. WHEREAS: Mr. and Mrs. Bengele were traveling home with a hot pizza when they witnessed another car suffering apparent mechanical failure as it crossed the median, hit a guard rail like a rocket and flipped upside down into the canal. Without thought of self, Curtis Bengele jumped into the water and swam to the sinking auto. Because of water pressure, he was unable to open either car door. He immediately sought something from the bottom of the canal to break a window. He smashed the rear window, held his breath and entered the rear seat area. The car was still settling. The drowning Mrs. Quick, who was an electronics technician with the United States Navy, in hysteria grabbed hold of Bengele when he realized both may drown. Finally, he was able to hold Mrs. Quick by the back of the neck and pull her from the sinking automobile. His quick response, fast action and boundless strength saved the life of Sally Quick. "What do we live for? Is it not to make life less difficult for each other and give purpose to our own?" NOW, THEREFORE, BE IT RESOLVED: That IN RECOGNITION of his unselfish and brave conduct during this emergency situation and unfor- tunate incident, the Virginia Beach City Council does publicly recog- nize CUR TIS BEN GEL E for his courageous action and thank him for his efforts which led to the saving of another citizen's life. Curtis Bengele acted above and beyond the "call to duty" in the best tradition of virginia Beach. BE IT FURTHER RESOLVED: That the Clerk of Council frame this Resolution for presentation and record same in the proceedings of this Formal Session of City Council this Thirteenth day of June, Nine- teen Hundred Eighty-Three. Given under my hand and seal, Mayor i I -13- Item II-F.2 ITEM It 20087 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to DEFER for two (2) weeks an Ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach, Virginia, by amending Sections 2-71, 2-81, 2-83, 2-84, 2-86, 2-101, 2-104, 2-108, 2-111, 2-112, 2-114, 2-116, AND adding Sections 2-83.1, 2-83.2, 2-117, and 2-118 pertain- ing to Personnel Policies. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McC1anan June 13, 1983 -14- Item II-F.3 ITEM # 20088 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to ADOPT the Ordinance, on SECOND READING, to accept a grant of $33,500 from the Department of Transportation Safety AND transfer FY 83 appropriations for the purchase of two motorcycles. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -14a- AN ORDnwa ro PCCEPI' A GRANl' OF $33,500 FRCM THE DEPARI.MENl' OF TRANSPORTATI~ SAFET'i AND TRANSFER EY 83 APPROPRIATICNS Pm THE Pl1ICHASE OF In<<) M:7roRCYCLES ~ \tiERFAS, 9ity camcil is interested in traffic !ijlfety in the City of Virginia Beach, and WHEREAS, the Depar1:mant of Transpartatioo Safety (oors) has awarded a grant of $33,500 for a Police ~torcycle Enforcatent Program, and WHEREAS, the fis::al year 1984 budget has included $33,500 in revenue that will Ccm3 fran this aforatentiooed grant, and WHEREAS, the transfer of $14,400 of fiscal year 1983 awrq>riatioos is needed to pll'Chase two IOOtorcycles to satisfy part of the City match requirement. Nai, THEREFORE, BE IT ~ BY THE CDtNCIL OF THE CIT'i OF VIRGmIA BFJCH: '!bat the City Manager is hereby authorized to accept the aforatentiooed grant and that funds of $14,400 be transferred within the EY 83 Operating Budget of the Police Depa.rt::m3nt for the p.u:chase of t\<<> IOOtorcycles for the program. f" " FIRS'l' RFJ\D:mG: June 6. 1983 , SEXDm REAOmG: June 13, 1983 of Adopted by the Council of the City of Virginia aeach at the , 1~83. 13th day JMfle , ,.. I I -15- Item II-F.4 ITEM It 20089 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to ADOPT the Ordinance, on SECOND READING, to authorize the Finance Director to issue petty cash fund balances to departments and agencies of the City (as revised per Council action on June 6, 1983). Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I REQUESTED BY: DEPARTMENT OF FINANCE (AS REVISED PER COUNCIL ACTION ON June 6, 1983) AN ORDINANCE TO AUTHORIZE THE FINANCE DIRECTOR TO ISSUE PETTY CASH FUND ADVANCES TO DEPARTMENTS AND AGENCIES OF THE CITY F WHEREAS, more efficient administration would be promoted by establ i shi ng one or more petty cash funds for ma ki.ng change and for payment of claims arising from commitments made pursuant to provisions of law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE crn OF VIRGINIA BEACH, VIRGI"NIA: THAT the Finance Director is authorized to issue petty cash fund advances not exceedi ng $2,500 each for use in making change and purchasing goods and services that are in urgent need, Each person receiving or administering any such fund shall make aR not less than quarterly accounting thereof through either periodic audit or submission ... , to the Finance Director of reimbursement vouchers containing receipts. This ordinance shall be effective from the date of its adoption. ADOPTED: June 13, 1983 First Reading: Jun e 6, 1983 Second Reading: June 13, 1983 ,i' .. I I -16- Item II-F.5 ITEM It 20090 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to APPROVE the Ordinance, on FIRST READING, to appropriate funds of $326,707 from the General Fund Balance AND transfer Capital Project funds of $344,850 to Capital Project 1t3-302 Pavilion. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -16a- AN ORDINANCE TO APPROPRIATE FUNDS OF $326,707 FROM THE GENERAL FUND BALANCE AND TRANSFER CAPITAL PROJECT FUNDS OF $344,850 TO CAPITAL PROJECT #3-302 PAVILION WHEREAS, capital project #3-302 Pavilion currently has excess expend i- tures over appropriations of $100,836 plus additional legal and expert costs estimated at $47,000 which have not yet been paid, and WHEREAS, the American Arbitration Association has awarded to Basic Construction Company $523,721 of an original claim of $2.9 million, and WHEREAS, these items total $671,557 which must be provided by City Council, and WHEREAS, the necessary funding to match appropriations and expenditures for this project can be provided by transferring capital project funds of $144,850 from project #2-971 Pavilion Parking Lot and $200,000 from project #2-973 Pavilion Drive Access Road and by appropriating the remaining $326,707 .~' 1 from the General Fund Balance, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that capital project funds of $144,850 from project #2-971 Pavilion Parking Lot and $200,000 from project #2-973 Pavilion Drive Access Road be transferred to capital project #3-302 Pavilion and that $326,707 be appropropriated from the General Fund Balance to capital project #3-302 Pavilion in order to match appropriations and expenditures for the Pavilion project. First Reading: June 13, 1983 Second Reading: Adopted by the Council of the City of Virginia Beach on the day of 19 ~,! '" II -17- Item II-F.6 ITEM It 20091 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to APPROVE the Ordinance, on FIRST READING, to appropriate to the Davis Corner Fire Department and Rescue Squad, Inc. an amount of $39,500 for a new ambulance. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I AN ORDINANCE TO APPROPRIATE TO THE DAVIS CORNER FIRE DEPARTMENT AND RESCUE SQUAD, INC. AN AMOUNT OF $39,500 FOR A NEW ~lBULANCE WHEREAS, the Davis Corner Fire Department and Rescue Squad, Inc. has identified the need to replace an ambulance, and WHEREAS, a new ambulance which will better serve the needs of the citizens within the service area will cost approximately $39,500, and WHEREAS, the Davis Corner Fire Department and Rescue Squad, Inc. has requested $39,500 for this purpose and City Council considers it appropriate to make this amount available for such a purpose. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $39,500 be appropriated from the General Fund Balance to the Davis Corner Fire Department and Rescue Squad, Inc. for the purchase of a new ambulance. It is anticipated that these funds will be repaid on the following schedule: July 1, 1984 $13,000 July 1, 1985 13,000 July 1, 1986 13,500 $39,500 Total This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of , 1983. FIRST READING: June l3~ 1983 SECOND READING: I I -18- Item II-F.7 ITEM It 20092 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to ADOPT the Ordinance approving the terms and conditions of an Agreement between the City of Virginia Beach and the School Board of the City of Virginia Beach, providing for the use of school buses for non-pupil transportation, AND authorizing and directing the City Manager to execute same on behalf of the City. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -18a- Requested by Parks and Recreation. AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, PROVIDING FOR THE USE OF SCHOOL BUSES FOR NON-PUPIL TRANSPORTATION, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY WHEREAS, the Department of Parks and Recreation of the City of Virginia Beach utilizes school buses to provide transportation for summer youth recreational activities, and WHEREAS, the School Board recognizes the need for transportation for such activities, and is agreeable to allowing the City of Virginia Beach to make such use of its school buses, and WHEREAS, S22.1-182 of the Code of Virginia provides that school buses can be used for non-pupil transportation purposes only by qualifying agencies and only after the school system and the City have entered into an agreement concerning -,,, such use, and WHEREAS, the City of Virginia Beach qualifies as an agency which can utilize school buses for non-pupil transportation purposes, and WHEREAS, City Council is of the opinion that the proposed agreement will be for the benefit of the citizens of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the terms and conditions of the agreement between the City of Virginia Beach and the School Board of the City of Virginia Beach, attached hereto as Exhibit "A" are hereby approved. 2. That the City Manager is hereby authorized and directed to execute the said agreement on behalf of the City of Virginia Beach. Adopted by the City Council of the City Beach, Virginia on the 13th day of June of Virginia APPROVED AS TO CONTENT , 1983.*(L.~ SIGNA E 's;>- ~W DEPA;;Ttv'a,n " .... ~ "~~~/[D '(\~ FC;(~,\ h, ~~-~~- "~,i\Lb GLF/re 5/20/83 (D) E~tI/BI'- 'A /I , A G R E E MEN T THIS AGREEMENT, made and entered into this day of , 19____ by and between THE CITY OF VIRGINIA BEACH, hereinafter referred to as the "City," and THE SCHOOL BOARD OF THE CITY OF VIRIGNIA BEACH, hereinafter referred to as ,,,.,, the "School Division." WITNESSETH THAT: "~ WHEREAS, the parties for and in consideration of the mutual and reciprocal covenants and agreements hereinafter contained, do contract and agree as follows, to wit: PURPOSE. Whereas the School Division owns and operates a fleet of vehicles for the transportation of pupils, and whereas there may be times during the day and on weekends when all or part of the said fleet is not in use; and whereas the City provides community services that are dependent upon availability of transportation; and whereas section 22.1-182 of the Code of Virginia, dealing with the use of school buses for purposes other than pupil transportation, requires that an agreement between the ...' \ City and the School Division be entered into before the City can utilize such vehicles in furtherance of its community services; therefore, the purpose of this Agreement is to make available transportation for the City's programs pursuant to the rights and obligations stated herein. TERM. This Agreement shall be valid until terminated by either party by written notice to the other party. TRANSPORTATION NEEDS. Prior to the execution of this Agreement, the two parties have discussed the transportation needs of the City and the approximate number of school buses that may be made available to the City; however, nothing herein contained will obligate the School Division to provide buses to * ' the City, if it is deemed by the School Division that such action will reduce or delay transporatation of pupils. .< INDEMNIFICATION. The City agrees to indemnify and hold harmless the School Division for any and all loss and/or liability which may arise by reason of the City's use of the School Division's vehicles. PAYMENT OF OPERATING COSTS BY THE CITY. The City agrees to reimburse, fully, the School Division for the City's proportionate part of the operating costs of any school buses used by the City. Such costs shall include a per mile operating cost and reimbursement for drivers' salaries and fringe benefits applicable to operation of vehicles for City purposes. PAYMENT OF CAPITAL COSTS BY THE CITY. The City agrees to reimburse the School Division for its operational costs on a per mile of use basis. Such payment shall be exclusive of reimbursement of drivers' salaries and fringe benefits and shall be mutually agreed to by the parties annually. BUS DRIVERS ASSIGNED BY SCHOOL DIVISION. When school vehicles are used by the City, under no circumstances should the vehicles be driven by anyone other than certified bus drivers assigned by the School Division. DAMAGE TO THE VEHICLES. The City agrees to reimburse the School Division for the cost to repair damage incurred by vehicles during City use, normal wear and tear excepted. REPORTING OF INCIDENTS INVOLVING NON PUPIL PASSENGERS. The City agrees to report to the School Division the nature and extent of any incident resulting in personal injury to a non-pupil passenger while boarding or riding in a school vehicle. .. lIJ" 1 MAINTENANCE PAID BY SCHOOL DIVISION. The parties agree that the per mile of use charge which the City shall pay to the P'" ~ -2- ~ School Division shall include all vehicle maintenance expense, and that the School Division shall be responsible for all vehicle maintenance costs. METHOD OF REIMBURSEMENT. The City shall pay the School Division all charges for use of vehicles by the City within a reasonable time of receiving billing for same. GEOGRAPHICAL LIMITATIONS ON THE USE OF VEHICLES. It is contemplated by the parties that use of the School Division's vehicles will be restricted to travel within the City of Virginia Beach. Nothing herein, however, shall prohibit the City from requesting the use of vehicles outside the City's limits. Any such operation of vehicles outside the City's limits shall conform with the School Division policies concerning field trips. . i~i PASSENGER LOAD LIMITS. When the City's use of the school vehicle(s) is made for programs involving transportation of pupils, the rated pupil passenger capacity of the vehicle shall not be exceeded. The passenger capacity when adults are being transported shall not exceed two-thirds of the rated pupil capacity of the vehicle. Standees shall not be permitted at any time. '.~ SIMULTANEOUS JOINT USE OF THE VEHICLES(S) PROHIBITED. The City's use of the school vehicle(s) shall be exclusive of school related transportation services. At no time shall the School Division and the City make use of the same vehicle(s) simultaneously. WAIVER OF BREACH OR VIOLATION NOT DEEMED CONTINUING. The waiver of either pary of a breach or violation of any provision of this agreement shall not operate as, or be construed to be, a waiver of any subsequent breach hereof. GOVERNING LAW. This agreement shall be interpreted, construed, and governed according to the laws of the Commonwealth of Virginia. -3- IN WITNESS WHEREOF, the parties have hereunto caused this agreement to be executed by setting their hand and seal, all being done on this ____ day of , 1983. .. BY: School Division CITY OF VIRGINIA BEACH Attest: 5/19/83 (A.18) ,""'~ J j.~ II -4- -19- Item II-F.8 ITEM It 20093 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to DEFER for one (1) week an Ordinance declaring certain property excess AND authorizing the City Manager to execute a Deed of Quit- claim conveying same to Lake Holly, Ltd. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -20- Item II-F.9 ITEM It 20094 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to APPROVE the request for an additional two (2) weeks exten- sion requested by David F. and Tina L. Ellis for an Ordinance closing, vaca- ting and discontinuing a portion of that certain street 30 feet wide running north between Hatteras Road and Citation Drive located in Kempsville Borough of the City of Virginia Beach, Virginia. (Council approved request on November 1, 1982 and granted a 30-day extension on May 9, 1983 as applicants David F. and Tina L. Ellis were not able to meet conditions for street closure within the 180-day time limit.) Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 II -21- Item II-F.lO ITEM It 20095 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to grant FINAL APPROVAL for an Ordinance closing, vacating and discontinuing a portion of Dutch Street (Kempsville Borough) upon application of Bruce B. Mills. This 1424.5 square foot (0.208 acre) unimproved right-of- way is located along the west side of Palm Avenue at the western terminus of Dutch Street. (Council approved closure on May 23, 1983.) Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -22- Item II-F. 11 ITEM It 20096 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to grant FINAL APPROVAL in the petition of William V. and Dorothy P. Dowding AND William H. Thumel, Jr. for the vacation, closing and discontinuance of a portion of a l5-foot lane, beginning at a point on the north side of 74th Street (formerly l12th Street) at the southwest corner of Lot 1 on the plat of Shore Realty Corporation, recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 7, page 124. On January 17, 1983, Item No. 19362, the Virginia Beach City Council adopted the ordinance closing, vacating and discontinuing the above-referenced 15- foot lane (situated in the Lynnhaven Borough), subject to four (4) conditions the fourth being: "State Code Stipulations as to purchase". By direction of the City Attorney, in his letter of May 25, 1983, the fourth condition should not apply nor be effective to this petition. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 \....Jl\j.lJ.l.nj~'-'.1.~. l~U. , I I --------- Ii'" j IN TIll': MA TTF.H OF CLOSING VA CA TING. AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS DUTCH STREET (formerly 5th Street), LOCA TED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH. VIRGINIA AS SHOWN ON THAT CERTAIN PLAT ENTITLED," PROPERTY OF BnUCE B. MILLS A PORTION OF THALIA VILLAGE VIRGINIA BEACH. VIRGINIA SCALE: I" :.: 4')' DATE: DEC. 21, 1980, FREEMAN & FREEMAN ENGINEERS AND SURVEYORS. VIRGINIA BEACH. VIRG!:N,:A", WHEREAS, it appearing by affidavit that proper notice has been given by Bruce B. Mills, that he would make application to the Council or the CUy o~ Virglnia B'~a:h. Virginia, on__________________, to have the hereinafter described street discontinued, closed, and vacated: and WHEREAS, it is the judgement of th~ CO.1:'l,:il that s:..id street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the CO.1n::il o! the City of Virginia Beach, ~. , Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain portion of Dutch Street (formerly 5th Street) as shown on the G. W. DEAL MAP, Plat No.2, a copy of which plat is d.11y recorded in the Circuit CO.Ht Clerk's Office of Virginia Beach, Vi rginia, in Map Book 70, at Page 7- B, the p:.>rtion to be vacated being mo re p3.rticularly shown on that survey entitled, "PROPERTY OF BRUCE B. MILLS A PORTION OF THALIA VILLAGE", a copy of which is attached he reLo, and the portion Lo be vacated being outlined in red on the atta('hed survey and being more par- ticularly bounded and desc ribed as follows: Beginning at the northeast ('orner of Lot 25, Block 17, G. W. DEAL MAP, PiaL No.2: Lhence NB2 050'0)"W 36. ')0 feeL to the northwest corner of said lot 25; then<~e N22 005'53" E 51. 75 feet to a POl",: thence S82 o50'00"E 20.00 feet to a point; thence S070 10' 00" W 50.00 feet to the POINT OF BEGINNING. ... , ... ... '~ ", I. I ~ECTIQ~L!!.. A certified CO?y of this Ordinance shall be filed in the OUke of the Circuit Court of the City of Virginia Beach, indexed in the name ot the CltV oC Vi rglnia Beach, as grantor. SECTION III This ordinance shall be effective thirty (30) days from the date of its adoption. -2.- II I ' '. I ' I ' I ORDINANCE NO. .. , , IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTION OF THAT CERTAIN STREET, KNOWN AS 15 FOOT LANE, BETWEEN 74TH STREET AND 75TH STREET, WHICH STREETS WERE FORMERLY KNOWN AS l12TH STREET AND l12TH-l/2 STREET AS SHOWN ON SAID PLAT IN THE LYNN HAVEN BOROUGH IN THE CITY OF VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has een given by William V. Dowding, Dorothy P. Dowding, and William Thumel, Jr., that they would make application to the Council f the City of Virginia Beach, Virginia, on the ___ day of , 198__, to have the hereinafter described street discon- tinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street iII" ~ c Z c !:be > i u c .. II ~ Z (; '" :; i c oJ .. :Virginia, that the hereinafter .. z II: ~closed, and vacated: c discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, described street be discontinued, ~ 15 foot lane beginning at a point on the North side of 74th ~ Street, formerly l12th Street.at the Southwest corner of ~ Lot 1 as shown on the plat of Shore Realty Corp. recorded = in the Clerk's Office of the Circuit Court of Virginia Beach i in Map Book 7, at page 124, thence running Northerly along .. ~ the rear lot lines of Lots 1-7 a distance of 180 feet to II ~ the Northwest corner of Lot 7, thence across said 15 foot lane to the Northeast corner of Lot 47,thence along the Eastern lot line of Lot 47 a distance of 85 feet to the Southeast corner of Lot 25, thence to the Northeast corner of Lot 78,a distance of 10 feet, thence along the Eastern line of Lot 78 a distance of 85 feet to the Southeast corner of Lot 78, thence 15 feet to the point of beginning. Said parcel of land being a portion of the 15 foot lane shown on that certain plat entitled "Shore Realty Corp." recorded in '*' t. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at Page 124, 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, indexed , \ . in the name of the City of Virginia Beach, as grantor. \ f ~ S~all pe effecti~e thirtY (30\ daYs from 'this ordinancel~ the date of itS passage. ,,;' '~ c i i ; i ~ '" III .0( ~ ;; 0: ; ~ .. ~ ... t t t u .. t t . i ~ .. i fIif' ~, \ \ II -23- Item II-F .12 ITEM It 20097 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council voted to ADOPT a Resolution urging the United States Navy to post- pone its plans for any military construction in Virginia Beach and through- out the Tidewater area until legislation currently before Congress is adopted which would allow long-term leases of privately-owned multi-family housing; AND, further resolved that the City Clerk forward a copy of this resolution to the Secretary of the Navy and the Congressional Delegation representing the City of Virginia Beach. Voting: 8-0 Council Members Voting Aye: "'"' Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 , I I ; RES 0 L UTI 0 N WHEREAS, on Jun.e. 28, 1982, :the. VVLgiMa Be.o.c.h CLty Counc.il. adop:te.d a lte6o.tu.Uon uJtging :the. VVLgirr..{a Conglte6.6ion.a1. Ve.fe.gwon :tIJ in;(Jz.oduc.e. and .6UppofLt fe.gMfa.:t.ton WMc.h would a.U.ow :the. U. S. Navy :to e.n.:teJL in.:l:o fong-:tvun fea..6e6 06 pJUvate1-y owne.d muW-6amdy hOU6ing; and WHEREAS, no fe.gMf..a.t[on hM be.e.n appltove.d :tIJ da.:te. WMc.h would a.u:tho- JU z e. .6 uc.h fo ng -:teJurl fe.M e6 ; and WHEREAS, on Jun.e. 6, 1983, :the. Navy pub~he.d a notic.e. 06 6inding 06 no .6ig Mb-lc.an.:t .-impac.:t c.o nc.eJLMng :the. ac.q u-.W--LUo n 06 Nav y 6a.mU.y hOU6ing in :the. Tide.- wateJL Me.a; and ", WHEREAS, :the. MtiC.e. .6:ta..te6 :that :the. Navy hM ide.nti6ie.d c.eJz;ta..[n Me.M ..tn b-lve. foc.ai. c.ommun..i..Ue6 WMc.h would be. -OLu:ta.bfe. 60lt Navy hOU6ing but hM ide.nti6iefl. oni..y two 6e.deJLa1.1.y owne.d .6Ue6, one. a:t FoJt:t EU6W and one. at CtLane.y I.6fund; and WHEREAS, :the. notic.e. .6:tate6 :that ac.quA..-6--LUon 06 hOlL6ing :thJLough milit'.a..Jty c.oJlL6.btuct.ton au:thoJU..za;tum M :the. plte.6eJ1Ae.d aLteJLna.ttve. and inctude6 c.oJlL6:tJtucUon on 6e.deJr.al fund Olt fund puJtC.hMe.d 6ltom :the. pJUvate. c.ommurz..U:y, wille. :the. .6e.c.ond a..tteJLna.:ti..ve. M e.n.a.bUng le.g"ufa.:t.ton 60lt fong-:tvun dome6tic. fe.Ming 06 hOlL6ing UnU:6. NOW, THEREFORE, BE IT RESOLVEV BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH :that :the. U. S. Navy M .6:tJtongfy uJtge.d :to pO.6:tpone. ill pfuJ1L6 60lt any miU:taJz.y c.on- .6.:tJw.c.tion in VVLgiMa Be.ac.h and :thJLoughout :the. TidewateJL Me.a untU. fe.gMf..a.t[on c.W1Jl..e.n.:tty be.60lte. Conglte6.6 "u adop:te.d wh-Lc.h would aUow fong-:teJurl fe.Me6 06 pJUvate1.y owne.d mulli- 6a.mdy hOlL6ing. BE IT FURTHER RESOLVEV :that :the. CLty Cle.ltk. "u au:thoJU..ze.d and ciiAe.c.:te.d :to 60JtWaJui a c.opy 06 :thM lte6ofu:tion :tIJ :the. Se.C!Le.:taAy 06 :the. Navy and :the. Conglte6.6ion.a1. de1-e.ga.:t.ton lte.plte6e.nting :the. Cdy 06 V..i.JLgbua Be.ac.h. Adop:te.d by :the. Coun.c.il. 06 :the. CLty 06 V.<Agbu.a. Be.ac.h, V.<AgiMa on June. 13, 1983. i I -24- Item II-G.l PLANNING ITEM ITEM It 20098 Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City Council voted to APPROVE the application of STUART HELD for a variance to Section 4.4(b) of the Subdivision Ordinance. Said approval is subject to submittal of an agreement to the City Attorney whereby the applicant agrees not to vacate the parking easement without City approval. APPLICATION OF STUART HELD FOR A VARIANCE TO SECTION 4.4(b) OF THE SUBDIVISION ORDINANCE Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Stuart Held. Property located on the northwest corner of Atlantic Avenue and 18th Street. Plats with more detailed informa- tion are available in the Department of Planning. VIRGINIA BEACH BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -25- Item II-G. 2 ITEM It 20099 PLANNING ITEM Attorney Robert Steinhilber represented the applicant. This application is within the "target area" being reviewed by the Task Force and deferred in accordance with Council policy not to consider any application in the "target area" until the Task Force report is accepted. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to DEFER to July 5, 1983, the application of the VIRGINIA BEACH CONGREGATION OF JEHOVAH'S WITNESSES APPLICATION OF VIRGINIA BEACH CONGREGATION OF JEHOVAH'S WITNESSES FOR A CONDITIONAL USE PERMIT Ordinance upon application of The Virginia Beach Congregation of Jehovah's Witnesses for a Conditional Use Permit for a church on certain property located on the northeast side of Pritchard Road beginning at a point 600 feet more or less northwest of Hermes Street, running a distance of 480 feet more or less along the northeast side of Pritchard Road, running a distance of 574.84 feet along the northern property line (south side of Virginia Beach Toll Road), running a distance of 100 feet in a southeasterly direction, running a distance of 118 feet in a northwesterly direction, running a distance of 160 feet in a southerly direction, running a distance of 100 feet in a southeasterly direction, running a distance of 100 feet more or less in a southwesterly direction, running a distance of 237 feet in a northwesterly direction and running a dis- tance of 125 feet in a southeasterly direction. Said parcel contains 3.11 acres. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -Lb- Item II-G.3 PLANNING ITEM ITEM It 20100 Rena A. Black represented herself. Gloria M. Swinney spoke in opposition to the application and presented a petition of others in opposition (said petition is hereby made a part of the record). Upon motion by Councilman McCoy, seconded by Councilman Heischober, Council APPROVED, subject to a one-year trial basis, and subsequent application, the application of RENA A. BLACK for a Conditional Use for a home occupation (exercising) per the following: City re- Pe rmit APPLICATION OF RENA A. BLACK FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (EXERCISING) R0683545 Ordinance upon application of Rena A. Black for a Conditional Use Permit for a home occupation (exercising) on the west side of Lotus Drive, 500 feet north of Sandbridge Road on Lot l2B, Lotus Garden Farms. Property located at 1429 Lotus Drive and contains 1.056 acres. PRINCESS ANNE BOROUGH. As conditions of the use permit, the following are required: 1. Approval is for a period of one (1) year. 2. There shall be no more than four (4) persons using the facility at anyone time. 3. There shall be no loud music or other noise generated from the facility. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. Voting: --'--:'1 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 -27- Item II-G.4 PLANNING ITEM ITEM It 20101 Janet Kottke spoke in behalf of Bellamy Manor Preschool. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, Council voted to APPROVE the application of BELLAMY MANOR PRESCHOOL, Janet Kottke, for a Conditional Use Permit for a private school on Providence Road per the following: APPLICATION OF BELLAMY MANOR PRESCHOOL, BY JANET KOTTKE, FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL Ordinance upon application of Bellamy Manor Preschool, by Janet Kottke, for a Conditional Use Permit for a private school on certain property located on the south side of Providence Road beginning at a point 550 feet more or less west of Luke Drive, running a distance of 215 feet along the south side of Provi- dence Road, running a distance of 890.79 feet along the western property line, running a distance of 215 feet along the southern property line and running a distance of 891.06 feet along the eastern property line. Said parcel contains 4.4 acres. KEMPSVILLE BOROUGH. The following may be required by the staff: 1. City water and sewer. As conditiGns of the use permit, the following are required: 1. Approval is for a period of two (2) years. 2. This use is restricted to a maximum of 50 students. This Ordinance shall be effective from date of adoption. I I City by R0683546 Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. JJ H 13, 1983 -28- Item II-G.4 PLANNING ITEM ITEM It 20101 (continued) Voting: 8-0 Council Members Voting Aye: " Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,-W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None 'J ,'t. Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -29- Item II-G-5 PLANNING ITEM ITEM It 20102 Jahn Summs represented the applicants. Ben Burton of Talbot and Associates spoke in favor of the application. Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to APPROVE, subject to the conditions outlined in the City Manager's letter dated June 13, 1983, the application of E. KENNETH DAY AND JAHN WALLACE SUMMS, agents for HENRY CLAY HOFHEIMER, III, EDWARD A. HOFHEIMER, AND MARIE A. MANSBACK for a Change of Zoning from R-l to R-3 per the following: APPLICATION OF E. KENNETH DAY AND JAHN WALLACE SUMMS, AGENTS FOR HENRY CLAY HOFHEIMER, III, EDWARD A. HOFHEIMER, AND MARIE A. MANSBACK, FOR A CHANGE OF ZONING FROM R-l TO R-3 Z0683724 Ordinance upon application of E. Kenneth Day and Jahn Wallace Summs, Agents for Henry Clay Hofheimer, III, Edward A. Hofheimer and Marie A. Mansback for a Change of Zoning District Classification from R-l Residential District to R-3 Residential District on certain property located on the east side of Kline Drive beginning at a point 1305.01 feet east of the intersection of Harris Road and Kline Drive, running a distance of 215 feet more or less along the east side of Kline Drive, running a distance of 180 feet in an easterly direction, running a distance of 730 feet in a northeasterly direction, running a distance of 811.50 feet in a southeasterly direction, running a distance of 134 feet in a northeasterly direction, running a distance of 867.13 feet in a southeasterly direction, running a distance of 1765.49 feet in a southerly direction, running a distance of 295.60 feet in a northwesterly direction, running a distance of 123.40 feet in a northerly direction, running a distance of 654 feet in a westerly direction, running a distance of 475 feet in a northwesterly direction, running a distance of 455 feet in a westerly direction, running a distance of 125 feet in a northwesterly direction, running a distance of 355 feet in a westerly direction, running a distance of 260 feet in a south- westerly direction, running a distance of 540 feet in a northwesterly direction and running a distance of 1231.74 feet in a northerly direction. Said parcel contains 104.6 acres. LYNNHAVEN BOROUGH. The following may be required: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. No dredging, filling, bulkheading or other waterfront-related activities will be allowed without the proper permits from the appropriate local, state, and federal agencies. Prior to the change on the official zoning map, the following condition will be met: 1. A 10-foot dedication along the frontage on Kline Drive, 25 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 50-foot standard right-of-way. June 13, 1983 -30- ITEM It 20102 (continued) Item II-G-5 PLANNING ITEM This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -31- I tern II-G-5 PLANNING ITEM ITEM It 20103 Jahn Summs represented the applicants. Ben Burton of Talbot and Associates spoke in favor of the application. Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City Council voted to APPROVE, subject to the conditions stipulated below, the application of E. KENNETH DAY AND JAHN WALLACE SUMMS, agents for HENRY CLAY HOFHEIMER, III, EDWARD A. HOFHEIMER, AND MARIE A. MANSBACK for a Conditional Use Permit per the following: APPLICATION OF E. KENNETH DAY AND JAHN WALLACE SUMMS, AGENTS FOR HENRY CLAY HOFHEIMER, III, EDWARD A. HOFHEIMER, AND MARIE A. MANSBACK FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R0683547 Ordinance upon application of E. Kenneth Day and Jahn Wallace Summs, Agents for Henry Clay Hofheimer, III, Edward A. Hofheimer and Marie A. Mansback for a Conditional Use Permit for open space promotion on certain property located on the east side of Kline Drive beginning at a point 1305.01 feet east of the intersection of Harris Road and Kline Drive, running a distance of 215 feet more or less along the east side of Kline Drive, running a distance of 180 feet in an easterly direction, running a distance of 730 feet in a northeasterly direction, running a distance of 811.50 feet in a southeasterly direction, running a distance of 134 feet in a northeasterly direction, running a distance of 867.13 feet in a southeasterly direction, running a distance of 1765.49 feet in a southerly direction, running a distance of 295.60 feet in a northwesterly direction, running a distance of 123.40 feet in a northerly direction, running a distance of 654 feet in a westerly direction, running a distance of 475 feet in a northwesterly direction, running a distance of 455 feet in a westerly direction, running a distance of 125 feet in a northwesterly direction, running a distance of 355 feet in a westerly direction, running a distance of 260 feet in a south- westerly direction, running a distance of 540 feet in a northwesterly direction and running a distance of 1231.74 feet in a northerly direction. Said parcel contains 104.6 acres. LYNNHAVEN BOROUGH. Approval is subject to the following: 1. No dredging, filling, bulkheading or other waterfront-related activities will be allowed without the proper permits from the appropriate local, state, and federal agencies. 2. The scheme is to be amended to show the minimum required open space in upland and not in water area and to provide additional street ties to and between proposed open space areas. June 13, 1983 -32- Item II-G-5 PLANNING ITEM ITEM It 20103 (continued) This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McC1anan June 13, 1983 I I -33- Item Il-G-6 PLANNING ITEM ITEM It 20104 Attorney Grover Wright represented the applicant, White and Hoff Associates II. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to APPROVE the application of WHITE AND HOFF ASSOCIATES II for a Change of Zoning from AG-l to R-8 per the following: APPLICATION OF WHITE AND HOFF ASSOCIATES II FOR A CHANGE OF ZONING FROM AG-l TO R-8 20683725 Ordinance upon application of White and Hoff Associates II for a Change of Zoning District Classification from AG-l Agricultural District to R-8 Residential District on certain property located at the western extremity of Grey Fox Lane, running a distance of 1450 feet more or less along the eastern property line, running a distance of 1252 feet along the southern property line, running a distance of 1185.36 feet along the western pro- perty line and running a distance of 1009.58 feet along the northern property line. Said parcel con- tains 36.568 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. On-site retention of stormwater or upgrading of existing down- stream drainage facilities. Prior to the change on the official zoning map, the following condition will be met: 1. Dedication of a drainage easement 57.5 feet in width along the rear property line. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. June 13, 1983 -34- Item II-G-6 PLANNING ITEM ITEM It 20104 (continued) Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -35- Item II-G-7 PLANNING ITEM ITEM It 20105 Bernard B. Dudginski represented himself. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the application of BERNARD B. AND PATRICIA C. DUDGINSKI for a Change of Zoning from B-2 to R-8 per the following: APPLICATION OF BERNARD B. AND PATRICIA C. DunGINSKI FOR A CHANGE OF ZONING FROM B-2 TO R-8 Z0683726 Ordinance upon application of Bernard B. and Patricia C. Dudginski for a Change of Zoning District Classification from B-2 Community- Business District to R-8 Residential District on certain property located on the west side of Collins Avenue beginning at a point 400 feet more or less north of Bonney Road, running a distance of 70 feet along the west side of Collins Avenue, running a distance of 120 feet along the northern property line, running a dis- tance of 70 feet along the western property line and running a distance of 120 feet along the southern property line. Said parcel contains 8400 square feet. KEMPSVILLE BOROUGH. The following may be required: 1. City water and sewer. Prior to the change on the official zoning map, the following condition will be met: 1. Resubdivision of the property and vacation of internal lot lines to incorporate this site into property to the west in order to avoid the creation of nonconforming lots. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. June 13, 1983 -36- Item II-G-7 PLANNING ITEM ITEM It 20105 (continued) Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -37- Item II-G-8 PLANNING ITEM ITEM It 20106 Attorney Carolyn Cox represented the applicants. Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City voted to APPROVE the application of OCEANSIDE, LTD. AND ESTHER ERHARDT JACOBSON for a Change of Zoning from R-6 to 0-1 per the following: (MODIFIED from B-2 to 0-1) Council SNYDER APPLICATION OF OCEANSIDE, LTD., AND ESTHER ERHARDT SNYDER JACOBSON FOR A CHANGE OF ZONING FROM R-6 TO 0-1 (AS MODIFIED) Z0683727 Ordinance upon application of Oceanside, Ltd., and Esther Erhardt Snyder Jacobson for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on certain property located on the east side of Kempsville Road beginning at a point 600 feet south of Indian River Road, running a distance of 200 feet along the east side of Kempsville Road, running a distance of 500.26 feet along the southern property line, run- ning a distance of 159.14 feet along the eastern property line and running a distance of 576.59 feet along the northern property line. Said parcel con- tains 2.06 acres. KEMPSVILLE BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of stormwater or upgrading of downstream drainage facilities. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. June 13, 1983 -38- I tern II-G-8 PLANNING ITEM ITEM It 20106 (continued) Voting: 8-0 Council Members Voting Aye: NancyA. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 I I -39- Item II-G-9 PLANNING ITEM ITEM It 20107 Attorney Vann Lefcoe represented the applicants. He presented a petition and a booklet containing aerial photographs of the site and other details. Said petition and booklet are hereby made a part of the record. Macie Helton, one of the applicants, spoke. Constance Remirski, a friend of the Helton's, spoke in favor of the application. Two friends of the Heltons in favor of the application were present: Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE, subject to (1) frontage on Kempsville Road and (2) vacation of lot lines, the application of J. F. AND MACIE HELTON AND WILLIAM D. AND WANDA C. RICHARDS for a Change of Zoning from R- 5 to 0-1. APPLICATION OF J. F. AND MACIE HELTON AND WILLIAM D. AND WANDA C. RICHARDS FOR A CHANGE OF ZONING FROM R-5 TO 0-1 Z0683728 Ordinance upon application of J. F. and Macie Helton and William D. and Wanda C. Richards for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located at the southeast corner of Providence Road and Kempsville Road, running a distance of 154.73 feet along the south side of Providence Road, running a distance of 187.83 feet along the eastern line, running a distance of 184.42 feet along the southern property line, running a distance of 154.53 feet along the east side of Kempsville Road and running around a curve a distance of 45 feet. Said parcel is located at 5165 and 5161 Providence Road and contains 33,802.56 square feet. KEMPSVILLE BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water. Prior to the changing of the official zoning maps, the following conditions will be met: 1. A 10-foot dedication along the frontage on Providence Road, 40 feet from the centerline of the old 60-foot right-of-way, to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan (existing 80-foot right-of-way). June 13, 1983 -40- Item II-G-9 PLANNING ITEM ITEM It 20107 (continued) This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of June, Nineteen Hundred, Eighty-Three. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McClanan June 13, 1983 i I -41- Item II-H UNFINISHED BUSINESS ITEM It 20108 City Council took no action on the request for further deferral of Nimmo Corner Associates from July 5 to Agusut 22, 1983. Inasmuch as the applica- tion is advertised for June 27 it will be included in that agenda for defer- ment to July 5, 1983, at which time further consideration will be given. Item II-I. 1 NEW BUSINESS ITEM It 20109 Jerry J. Collier, of Beachtowne Realty Corporation, requested permission to encroach into a portion of the City right-of-way known as Denn Lane where it intersects with North Witchduck Road. The purpose of this en- croachment is to allow a free-standing sign to be erected and to plant several azaleas and other low-growing shrubs (at a value of approximately $15,000). The City Attorney is to review this request and advise Council of alternatives and recommendations at the June 27, 1983 meeting. Item II-I.2 NEW BUSINESS ITEM It 20110 A presentation was made by Mr. James Van de Reit of Buck, Seifert & Jost, Inc. concerning water and sewer rate increases. A bound booklet entitled "Report on Revenue Requirements and Rate Studies" (Department of Public Utilities, City of Virginia Beach) was presented to Council. Also presented were printed copies of "bar" and "pie" graphs. Both the booklet and graphs are hereby made a part of the record. A verbatim transcript of Mr. Van de Reit's presentation, including comments of Council, has been prepared. This item will be discussed in the Informal Session of the Council meeting on June 20, 1983 and will be on the Formal agenda in two to three weeks. Item II-I. 3 NEW BUSINESS ITEM It 20111 Councilman McCoy requestd the City Manager provide Council Members with cost factors and pertinent data regarding: Extending South Lynnhaven Parkway across Princess Anne Road and Recreation Drive at the intersection of Princess Anne and Salem Roads by opening an East/West connector (parallel to Kempsville and Bonney Roads corridors). June 13, 1983 -42- Item II-I.4 NEW BUSINESS ITEM It 20112 Councilman Jones expressed concern and requested City Council consider funding an emergency Grant of Sixty Thousand ($60,000) Dollars for reconstructing the VIRGINIA BEACH MUSIC FESTIVAL. Councilman Jones explained the history of the Virginia Beach Music Festival: In 1962, Charles Forbes, of Forbes Candies, created the Festival through sale of his candies and encouraging high school bands allover the United States to sell the saltwater taffy to offset expenses for the bands to come to Virginia Beach to compete with other high school bands. This proved profitable for many years and generated good will as well as advertising of the resort all over the country. In the Spring of 1983, the Festival collapsed and now the Chamber of Commerce, Innkeepers and the City's Economic Development Department have met and propose reconstructing the organization for a Festival in 1984. They have met with Mr. Chris Izzo, a professor at Western University of Illinois, who has experience and expertise. The Tourist Bureau could appropriate the funds. Councilman Jones expressed ,his previous professional association with the Festival and announced a possible "conflict of interest" which would pre- clude his participating in Council action; but, urged Council to consider assisting the Virginia Beach Music Festival. This matter will be placed on the Council agenda June 20, 1983. Item II-I. 5 NEW BUSINESS ITEM It 20113 Councilwoman Oberndorf requested the City Manager's advice concerning City Council's financial assistance to the NEPTUNE FESTIVAL. Discussion. Councilwoman Creech, 1982 Chairlady of the Neptune Festival, advised the City's financial assistance to the Neptune Festival had been a GRANT and was not intended to be reimbursed nor repaid. Item II-I. 6 NEW BUSINESS ITEM It 20114 Councilwoman Oberndorf, Chairlady of the Southeastern Virginia Planning Dis- trict Commission, advised SVPDC will hold their regular meeting at 10:30 a.m. Wednesday, June 15, 1983, and she would like a Resolution on the part of City Council reflecting Virginia Beach's position with relation to the LCAC and LCAV-30 vehicles. Councilwoman Oberndorf made a motion, seconded by Councilman Kitchin, that the Virginia Beach City Council go on record, as the policy-making body, to express deep concern to General Small, to the Southeastern Virginia Planning District Commission, and our Congressional Representatives about the EIA concerning the LACV-30's at Fort Story not being sufficient. Councilman Heischober made a SUBSTITUTE MOTION, seconded by Councilwoman Creech, that no action be taken at this time regarding the LACV-30's at Fort Story until the City receives the replies sought. Councilman McCoy requested that both motions be withdrawn in view of pending responses from the Navy and others. By consensus, both motions were WITHDRAWN and NO ACTION recorded. June 13, 1983 I I I -43- Item II-J ADJOURNMENT ITEM It 20115 By consensus, City Council adjourned at Five Thirty-Three in the afternoon. ~~~~ Rut odge Smith, CMC City Clerk City of Virginia Beach, Virginia June 13, 1983 /jk ... ,.' , .' ", " i II -9- Item Il-D.l MINUTES ITEM It 20083 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of the Regular Meeting of June 6, 1983. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones and Reba S. McC1anan June 13, 1983